Agenda - 12/10/2001
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AGENDA
WOODBURNCITYCOllNCIL
DECEMBER lq 2(}(}1 -7.,(}(}p.M.
270 Montgvmery Street * * Woodhurn} Oregon
1.
2.
3.
CALL TO ORDER AND FLAG SALUTE
ROLL CALL
ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. Holiday Closures: All City Offices will close at noon on December 24th,
Christmas Eve, and will remain closed through the 25th, Christmas Day. The
Aquatic Center will be closed December 24th and December 25th. All City
Offices will be closed January 1,2002, in observance of New Year's Day.
B. Spanish Story time at Woodburn Public Library: Every Saturday
in December at 11 :30 a.m.
C. Tuesday Nights at the Library - 6:00 - 7:00 p.m. every Tuesday in
December.
Appointments:
D. Reappointment of Sharon Felix to the Recreation and Park Board
Appointment of Cindy Vetter and reappointment of Bruce Thomas to the
Budget Committee
Reappointment of Kay Kuka and Patricia Will to the Library Board .........3D
4. PRESENTATIONSIPROCLAMATIONS
A. Draft Revision, Woodburn Development Ordinance: Community
D ev elo p m en t Directo r ...... ..... .... ... ..... ......... ....... ..... ...... ..... ........ ........ ....... ....... ....4 A
5. COMMITTEE REPORTS
A. Chamber of Commerce.
B. Woodburn Downtown Association.
6. COMMUNICATIONS
NONE.
7. BUSINESS FROM THE PUBLIC (This allows the public to introduce items for
Council consideration not already scheduled on the agenda.)
8. CONSENT AGENDA - Items listed on the consent agenda are considered routine
and may be enacted by one motion. Any item may be removed for discussion at
the request of a Council member.
A. Woodburn City Council minutes of November 26, 2001 ................................8A
Recommended action: Approve the Woodburn City Council minutes of
November 26.2001.
Page 1 - Agenda, Woodburn City Council - December 10, 2001.
B. Woodburn Planning Commission minutes of November 8, 2001...................8B
Recommended action: Accept the Woodburn Planning Commission
minutes of November 8,2001.
C. Community Center Planning Committee minutes of November 29, 2001 ....8C
Recommended action: Accept the Community Center Planning Committee
minutes of November 29,2001.
D. Police Activity Report for October, 2001..........................................................8D
Recommended action: Receive the report.
E. Claims for the month of November 2001..........................................................8E
Recommended action: Accept the claimsfor the month of November 2001
F. Building Activity Report for November, 2001 ................................................ 8F
Recommended action: Receive the report.
G. Planning Project Status Report dated December 4, 2001.............................. 8G
Recommended action: Receive the report.
H. Report concerning consultant selection for the Water Treatment Facility.. 8H
Recommended action: Receive the report.
I. Report concerning Parallel Westerly Relieving Sewer Interceptor Project ..81
Recommended action: Receive the report.
J. Report concerning Government Law Section Election. . . . . . . . . . . . . . . . . . 8J
Recommended action: Receive the report.
9. TABLED BUSINESS
10. GENERAL BUSINESS "
A. Council Bill No. 2362 - An Ordinance Granting a Cable Television Franchise to
DirectLink of Oregon, Inc. ...............................................................................1 OA
Recommended action: Adopt the ordinance.
B. Council Bill No.2363 - A Resolution electing application for entry to the Oregon
Public Employees Retirement System (PERS) state and local government rate
poo I . .... ... ...... ....... ...... .......... .... .... ..... .......... ....... ...... ...... ...... ............ ................ ...1 0 B
Recommended action: Approve the resolution.
c. No parking zone on Cleveland Street...............................................................tOe
Recommended action: Approve the establishment of a no parking zone along the
north side of Cleveland Street between the crosswalk at First Street and the exit
driveway for the Police Department.
D Loading Zone on "B" Street between Cleveland and Broadway ..................10D
Recommended action: Approve the establishment of a Loading Zone by restricting
the parking on both sides 'B UStreet between Broadway and Cleveland Streets.
Page 2 - Agenda, Woodburn City Council- December 10,2001.
E. Contract award for sale and relocation of a house ........................................10E
Recommended action: Reject all bidsfor the City of Woodburn Bid Number 22-17
for sale and relocation of a house.
F. Cancellation of Second Meeting in December ............................................10F
Recommended action: Approve Meeting Cancellation
G. Council Bill No. 2364 - A Resolution Entering into Grant Agreement No. 20207
with the State of Oregon and Authorizing the Mayor and City Recorder to Sign
s Deh Agreement .......................................................................... ..... ............ ..... lOG
Recommended action: Adopt the resolution.
11. PUBLIC HEARINGS
NONE.
12. PUBLIC COMMENT
13. NEW BUSINESS
14. PLANNING COMMISSION ACTIONS - These are Planning Commission actions
that may be called up by the City Council.
A. Denial of Site Plan Review 01-09, a request to establish a construction service
headquarters consisting of an office and a shop located at 395 Shenandoah
Lan e. ..... ...... ... ........ ......... ....... ....... ............ ........ .... ....... ..... ......... ....... ...... ......... .14 A
15. CITY ADMINISTRATOR'S REPORT
16. MAYOR AND COUNCIL REPORTS
17. EXECUTIVE SESSION
A. To consult with counsel concerning the legal rights and duties of a public body
with regard to current litigation or litigation likely to be fIled pursuant to ORS 192.660
(1)(h).
B. To consider records that are exempt by law from public inspection pursuant to
ORS 192.660 (1)(t).
C. To conduct deliberations with persons designated by the governing body to
negotiate real property transactions pursuant to ORS 192.660 (1)(e).
18. ADJOURNMENT
Page 3 - Agenda, Woodburn City Council- December 10,2001.
WOODBURN
3D
ORE G 0 N
December 6 2001
Incorporated 1889
TO: City Councilors
From: Office of the Mayor
Appointments
The following appointments and re-appointments are made, subject to the approval of the
Council. Please forward any adverse comments to me prior to Council Meeting Monday
10 Dec 2001. No reply is required if you approve of my decisions.
Park and Recreation Board - 3 vear terms
Position I Sharon Felix - Requested re-appointment. She has served
extremely well during her previous term. New term ends December 31 2004.
Bud.,get Committee - 3 Year terms
Position I Cindi Vetter - Appointment. Term will expire December 31,
2004. Cindi replaces Don Bear whose term expires December 31 2001. Don does not
wish to be reappointed due for health reasons. Cindi is a life long resident of Woodburn
and is interested in becoming involved. She is very active in many community
organizations and I am convinced she will do a good job on the Budget committee.
Position II Bruce Thomas - Requested re-appointment. New term will
expire December 31 2004. Bruce has served as chair of the committee for the past two
years and has done an outstanding job.
Library Board
Position III
expire December 31
Director.
Kay KUka - Requested reappointment. Her new term will
2005. She is recommended for re-appointment by the Library
Position V Patricia Will - Requested re-appointment. Her new term will
expire December 31 2005. She also is recommended for re-appointment by the Library
Director.
Thank you very much for your consideration of the above individuals.
~.Ma orCity fWoodburn
Office of the Mayor
270 Montgomuy Street. Woodburn, Oregon 97071
Ph.503-982-5228 . Fax 503-982-5243
4A
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Date:
December 10,2001
Honorable Mayor and City Council through City Administrator#
To:
From:
Jim Mulder, Director of Community Development
Subject:
Presentation of Draft Woodburn Development Ordinance
RECOMMENDATION: No action is necessary. Staff will schedule public hearings
before the Planning Commission and the City Council to review the document prior to
adoption by the City Council.
BACKGROUND: The 1999-2000 City budget provided funds and established a goal of
updating the City Zoning Ordinance and other development ordinances. A focus group
was established in the summer of 1999 to provide policy direction to update the City
development ordinances. This focus group consisted of Kathy Figley, City Councilor;
Jim Cox, Planning Commissioner; and Dave Christoff, local real estate broker. A
planning consultant, Roger Budke, was retained to draft the new development
ordinance. The process of updating the zoning ordinance began in late summer 1999.
City staff participating in the process primarily consisted of the City Administrator, City
Attorney, Community Development Director, Senior Planner, Public Works Director,
Senior Civil Engineering Technician and Assistant City Attorney.
The focus group, consultant, and City staff met regularly from September 1999 to
November 2000. At that time a working draft was completed based on policy direction
from the focus group. From that time to the present, the working draft has been refined
based on review of the City Attorney's office, and planning and public works staff. The
focus group was reconvened the past few months to provide final policy direction on
refinements to the draft development ordinance proposed by City staff. The draft
Woodburn Development Ordinance (WOO) is now ready for public review.
Staff intends to schedule the draft WDO for public hearings before the Planning
Commission on January 24, 2002 and before the City Council on March 11, 2002. This
schedule will allow the Planning Commission to have at least two regular public
hearings on this matter. In addition, by establishing the Planning Commission and City
Council hearings at this time, staff can minimize costs by sending only one hearing
notice advertising both meetings to all affected property owners in the City as required
by Measure 56.
WOO Presentation
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SUMMARY: The Woodburn Zoning Ordinance (WZO) has been reformatted to include
the provisions in the following ordinances:
Woodburn Zoning Ordinance (WZO) (Ordinance No.
1807)
Woodburn Access Management Ordinance (WAMO) (Ordinance No.
2186)
Subdivision Ordinance (WSO) (Ordinance No.
2076)
The Woodburn Development Ordinance (WDO) is a "Community Development
Ordinance," not just a zoning ordinance. The WDO combines zoning, landscaping,
transportation, land division and annexation requirements in one document with a single
set of uniform development standards. The WDO does not affect the Woodburn Sign
Ordinance. The sign ordinance will be revised in a separate process later. The above
listed ordinances will be repealed concurrent with adoption of the WDO. In addition the
City's Transportation System Plan (TSP) contains recommended implementation
regulations that were not adopted when the TSP was adopted, but the City has stated
its intent to adopt those recommendations into its regulations.
The WZO has been subject to only minor revisions since it was first adopted in 1983.
Since then, applicable state law has changed significantly, and the practice of land use
planning has evolved. The WDO was restructured to make the ordinance more
modern, internally consistent, clearer, and easier to use. The zoning ordinance
proposed in the WDO restructures the WZO into an interrelated system. For example,
the landscape provisions are all in one place instead of scattered among several
sections; provisions for telecommunications facilities, manufactured dwelling parks,
historically and architecturally significant sites have been incorporated into a more
logical structure. Generally speaking, the rules have not changed, they are relocated.
There were several different ordinances controlling d~velopment in Woodburn. There
were inconsistencies in the criteria among the ordinances. Those inconsistencies are
resolved in the WDO.
The WDO was revised to be consistent with changes in state law (statewide goals,
legislation and case law). Included in this category are changes relating to
manufactured dwelling parks, provisions relating to the 120 day rule, procedural and
notice requirements for processing applications and conducting public hearings, and
provisions related to child care facilities and residential care facilities, and provisions for
residential sales offices. The intent is to state all the applicable rules in one document
so there can be a clear understanding of what is required and one place to look for the
applicable substantive and procedural requirements. Some standards are made more
explicit to clarify what is required.
WDO Presentation
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Several chapters in the WZO have not been incorporated into the WOO since they
were deemed either unnecessary under current circumstances or inconsistent with
recent case law. These chapters include Chapter 17, Solar Access Recordation;
Chapter 20, Conservation and Renewable Energy Housing; Chapter 38, Adult
Entertainment; and Chapter 39, Mandatory Parkland Dedication or Cash-In-Lieu-Of.
Some changes were made to reflect policy choices that the City believes will achieve a
more livable community. These include changes in parking standards to permit more
efficient land use, better screening from the street for commercial parking, better buffers
between marginally compatible uses, more specific and more thorough landscaping
standards, protection of existing trees, required private and common open space in
multiple family developments and allowing a little higher fencing next to a street.
Matters that have been on-going issues have been addressed. These include new
provisions related to money transfer services, mobile food services, PUO procedures
and a method to consolidate parcels. The PUO procedures allow a PUD to include all
uses permitted outright, specifically or conditionally. Included in the WOO are changes
that are proposed because the City is now more urban than it was when the WZO was
adopted. Such items include street naming criteria, drive-thru business standards, more
functional flag lot access and setbacks, no barbed wire, and grading permits. Where
the WOO contains more restrictive standards, they are intended to increase the livability
of the subject property, neighboring properties and the community as a whole, and
consequently improve the value and sustainability of development. Some standards
contain alternatives. Such provisions are intended to provide greater flexibility to meet
site and market conditions while meeting overall land use policy objectives.
Only changes that are supported by goals and policies in the Comprehensive Plan are
proposed in this WOO. The City has studies in process, as part of its periodic review
work program, that may result in future amendments to the Comprehensive Plan and to
the WOO, such as the inclusion of a mixed use zone. It has been determined that the
City would benefit from modernization of the WOO at this time, and that when periodic
review studies are concluded, implementing amendments to the new WOO can be
made at that time. No changes are proposed that require an amendment to the
comprehensive plan. The only change that relates to the statewide goals is the
significant wetlands overlay district, which is new.
In general, the standards in the WZO are continued into the WOO. However, changes
occur as the result of consolidating zones and standards. The intent was not to make
any existing uses nonconforming.
Features of the WZO that have never been used have been eliminated. Unused zones
have been eliminated (RO, RH and IH). Zones that were very similar have been
consolidated (RL, RM; CR, CG; CB, DOC; PA, PC, PE, PH, PP & PS). The RM zone,
the only WOO multiple family zone, now has different provisions for three housing types:
manufactured dwelling parks, assisted living facilities and apartments. The WOO allows
slightly higher densities for assisted care facilities than for apartments. Fewer loading
WOO Presentation
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spaces are required for very small businesses.
New features of the WOO are architectural review and a significant wetlands overlay
district. If a PUO is approved with CC&Rs that address the intent of all architectural
review factors, the lots within the PUO are exempt from City architectural review. The
WOO provides for the establishment of a Oesign Review Board to review site plan
applications involving buildings over 1,000 square feet in area. The Planning
Commission will function as the Oesign Review Board unless a separate board is
appointed by the City Council. The WOO provides for the reduction of the Planning
Commission from nine members to seven.
The standards in the WOO are consistent with policies in the Comprehensive Plan, but
do reflect higher standards, smarter growth and sustainability.
The zoning map is being amended concurrent with adoption of the WOO to make the
map consistent with the text amendments. All land zoned CR and 10 will be changed to
the CG zone, except for CR zoned property located at the northeast corner of Highway
214 and Boones Ferry Road which will be changed to the CO zone. All land zoned CB
will be changed to the CO zone. All land zoned IS will be changed to the IP zone. The
one parcel designated RL will be changed to RM.
The WOO includes dedication and improvement standards for streets. It requires all
accesses to be connected to a public street. The dedication and improvement
standards vary depending upon the functional classification of the street to be
accessed. Private streets are allowed only in manufactured dwelling parks.
If complying with the standards violates an applicants constitutional rights the applicant
may apply for an exception from the standards. The WOO requires the applicant for an
exception to provide information on the impact of the proposed development on the
traffic system and the costs of providing the level of improvement proposed by the
applicant. The decision-maker may not approve an exception to street dedication and
improvement standards that allows a street that is less than the specified minimally safe
and functional street. If compliance with the minimum street standard violates an
applicant's constitutional rights, the applicant may apply for a variance from the
applicable street standard.
An attachment to this memorandum contains a detailed comparison of the existing WZO
with the proposed WOO. Generally, the comparison follows the format of the WOO. To
eliminate redundancy, some subjects that apply to two or more zones are discussed in
a section that is generally applicable to the zones, rather than in each zone.
This comparison has several purposes. First, it identifies the major changes that are
made in the WOO compared to the WZO to aid interested persons in understanding
what effects the changes have on the use of land in the various zones in the City.
Second, it identifies state laws that constrain the decisions of the City where the City is
WDO Presentation
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required to comply with statutory provisions. Third, it serves as a document containing
the City's findings about the effects of the new ordinance. Fourth, it is intended to serve
as a legislative history of the intent of the drafters of the Ordinance.
Attachments:
· Comparison of Existing Zoning Ordinance and Proposed Woodburn Development
Ordinance
· Map of Proposed Zone Changes
WDO Presentation
5
lr,M_I.
1Attachl1tent-Jplige' fil.lf6 .
COMPARISON OF
EXISTING ZONING ORDINANCE
AND
PROPOSED WOODBURN DEVELOPMENT ORDINANCE
This document contains a detailed comparison of the existing WZO with the proposed
WOO. Generally, the comparison follows the format of the WOO. To eliminate
redundancy, some subjects that apply to two or more zones are discussed in a section that
is generally applicable to the zones, rather than in each zone.
This comparison has several purposes. First, it identifies the major changes that we have
made in the WOO compared with the WZO to aid interested persons in understanding what
effects the changes have on the use of land in the various zones in the City. Second, it
identifies state laws that constrain the decisions of the City where the City is required to
comply with statutory provisions. Third, it serves .as a document containing the City's
findings about the effects of the new ordinance. Fourth, it is intended to serve as a
legislative history of the intent of the drafters of the Ordinance.
CAVEAT:
This document is a summary. intended to aid interested persons. However,
it is a summary. highlighting the major changes made in the WOO compared
with the WlO. It is not intended to inform any property owner or other
person what the particular effects of adopting the WOO will be an any
specific property. All interested persons are directed to the original
documents. the adopted WZO and this proposed WOO to make their own
individualized determinations about the consequences of adopting the WOO
with respect to their interests.
1. 1 ORGANIZATION AND STRUCTURE
1.101 Structure
This section replaces certain provisions in Chapter 2 of the WZO, Administration of the Ordinance.
Other provisions in Chapter 2 have been moved to more appropriate places within the reformatted
WOO, and amended. Procedures for interpreting the ordinance are now in section 5.104.03. A
new provision requires the Community Development Director to maintain a list of potential WOO
amendments and report to the City Council annually.
1.102 DEFINITIONS
This section replaces Chapter 1 of the WZO. The definitions have been expanded and include new
terms used in the WOO. This section has also been updated to replace outdated terminology and to
include modern terminology. The definitions have been edited for clarity.
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1.103 ZONING MAP
This section clarifies the .mechanics. of creating, storing and revising the record copy of the
.official. zoning maps.
1.104 NONCONFORMING USED AND DEVELOPMENT STANDARDS
EXDansion of nonconformina buildinas. No change. Both the WZO and the WOO prohibit expansion
of building height, setback, density or lot coverage greater than current applicable standards. Both
allow nonconforming buildings to expand if the change does not increase the nonconformity.
Termination of nonconformina use. Under the WZO and the WOO the City officially .terminates. a
nonconforming use of a building or use of land if an owner ceases the use. The minimum time that
the City has to terminate a nonconforming use of a building has been decreased from one year to
six months. The minimum time that the City has to terminate a nonconforming use of land has been
increased thirty days to six months. The change makes the minimum termination period consistent
for uses of building and uses of land. Termination requires findings of fact by the Director leading
to the conclusion that the use has ceased for a continuous period of six months. The WZO now
allows a nonconforming use of part of a building to expand throughout a building. The proposed
WOO does not allow a nonconforming use to expand.
Termination of use of nonconformina buildina. A building damsged by less than 60 percent
(measured by replacement cost) can be replaced if both permits and reconstruction are initiated
within one year .of the preparation of a restoration estimate.. Use of a building declared a
.dangerous building or structure. under state or federal law and ordered demolished, must be
terminated on the date of the declaration. An owner or occupant must terminate use of a building
that is not declared dangerous but is damaged more than 60 percent. The provisions have been
reworded. Both the WZO and WOO use the 60 percent threshold.
ReDair of Nonconformina buildina. No change. Repair of a nonconforming building is allowed so
long as they do not increase the nonconformity.
Nonconformina sinale familv and dUDlex residences. Expansion of nonconforming single family and
duplex residences, except those in the NCOD, are exempt from architectural guidelines and
standards. Any expansion of all nonconforming residences in the NCOO is subject to architectural
review guidelines and standards. This provision is new because the WZO did not contain any
architectural review provision.
Chanae or eXDansion of a use with nonconformina Darkina. loadina or landscaDina. New provisions
are included in the WOO. Applicants who wish to expand or change a nonconforming building that
is subject to design review for structures 1000 square feet or larger must conform with all parking,
loading and landscaping. Applicants who wish to expand or change a nonconforming building
subject to for design review for structures smaller than 1000 square feet must comply with all
parking, loading and landscaping requirements if the change or expansion increases the required
area by 25 percent or more.
Nonconformina lots. The WZO allowed use of nonconforming lots for onl,;, single family use. The
WOO allows use of nonconforming lots for any use authorized in the zone, provided the applicant
complies with all applicable standards other than lot width or lot area.
1.105 PLANNING COMMISSION
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This section replaces Chapter 6 of the WZO. The provisions are reformatted and the section
includes some 'housekeeping' provisions that clarify the Commission's duties and procedures. The
membership of the Commission is reduced from 9 to 7 members.
1.106 DESIGN ReVIEW BOARD
This section authorizes the future creation of a 5-member design review board. Three members of
the board must be design professionals or have design experience and/or knowledge. This is a new
provision. This wboardw function will be handled by the Planning Commission until such time the
work load warrants creating a separate board. Always, the City Council retains the final decision
making authority on design, should the Council find it necessary to review the design review
decision, based on a formal appeal or the Council's desire to review the lower decision maker's
decision.
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2.1 LAND USE ZONING
Overall, the provisions regarding land use have been rearranged. Development standards that are
unique to a particular zone are listed within the specific zoning section. Development standards that
apply to more than one zone are cross-referenced to the section of the ordinance that describes the
applicable standard.
2.101.02
ZONING DISTRICTS
The proposed WOO reduces the number of zoning districts. The existing and proposed districts are
listed on Table I.
Two residential districts (RD, Residential Duplex, and RH, High Rise Residential), have never been
used and are deleted in the proposed WOO. One residential district (RL, Limited Multi-Family
Residential) has been applied to only one parcel to date (a developed apartment site). It also has
been deleted. The parcel zoned RL will be rezoned to RM.
Two commercial districts (CO, Commercial Office and CB, Central Business) have been combined
into a new CO, Commercial Office district. All parcels with a CB designation will be rezoned to CO.
Three commercial districts (CR, Commercial Retail, 10, Interchange District and CG, Commercial
General) have been combined into a new CG, Commercial General district. The ne~ CG zone is
structured to include the existing uses allowed in CR and 10 so that existing uses remain
conforming. All parcels with a CR or 10 designation will be rezoned to CG.
The IS, Industrial Sales District, has been converted to a special use in the IP district. All land
designated IS will be rezoned to IP. The IH, high technology industrial district, has never been
applied to any parcel. It is eliminated.
There are currently six different .public. zones. In the proposed WOO all public districts are
combined into one public zone. All lands with a .PA, PC, PE, PH, PP or PS · zoning designation
will be rezoned to .P/SP..
The WZO is based on .cumulative zoning,. under which each more intensive use zone permits all
uses permitted in the less intensive use zones. The proposed WOO modifies the structure of
allowed uses within each zone by listing the uses in each zone rather than referencing the uses
permitted in less intensive zones. Modifications have been made in the intensity of uses permitted
in certain WOO zones. Residential uses are no longer permitted in the CG zone, but are allowed as
a special use when developed with a commercial use. Single family residential uses are no longer
permitted in the CO zone. Residential uses that provide assisted care and nursing care are
permitted at a higher density in the RM zone.
Overlay zones have been modified in the WOO to reflect current land use legislation and case law.
Chapter 38, the Adult Entertainment overlay zone in the WZO have been excluded from the WOO
because it contains standards similar to those that has been struck down in other Oregon
jurisdictions as violating the Oregon Constitutional provision on free expression. Chapter 1 7 of the
WZO regarding a public process for recording solar access and companion provisions in Chapter 20
regarding solar housing have been deleted. Chapter 39, Mandatory Park land dedication and in lieu
fees, was superceded when the City adopted systems development charges (SDC's) for parks.
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The Neighborhood Conservation Overlay District, Chapter 42 of the WZO, is maintained in the WOO
with a focus on maintaining the historic character of single family dwellings in the city core area.
The WOO contains a new overlay district, the Significant Wetlands Overlay district (SWOO) to
comply with goal 5 and OAR 660-023. The provisions WZO Chapters 18,19,21 and 41 regarding
adaptive reuse of historic structures, manufactured dwelling parks, planned unit development, and
telecommunication facilities have all been retained in the WOO, but are no longer separate chapters.
The WZO provisions have been reformatted to mesh with the overall structure of the new
ordinance.
Some provisions in the Woodburn Access Management Ordinance (WAMO) have been incorporated
in Section 3.1 of the WOO. The provisions of the Woodburn Subdivision Ordinance (WSO) have
been incorporated in Sections 3.108 and 3.109 of the WOO, and the WSO will be repealed.
The WZO contains landscaping standards in each zoning district. The landscaping standards have
been standardized and reformatted. Landscaping standards that are applicable to all development
are contained in Section 3.106.
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RESIDENTIAL DISTRICTS
Single Femily Residential
Residentiel District
Duplex Residential District
Umited Multi-Family Residential District
Multiple Femily Residential District
High Rise Apartment Residential District
COMMERCIAL DISTRICTS
Commerciel Office District
Commerciel Retail District
Convneroiel Gener" District
Cent" Business District
Downtown Design and Conservation District
INDUSTRIAL DISTRICTS
Interchange District
Industrial Sales
Industrial Park District
Ught Industrial District
Industrial - High Technology District
PUBUC DISTRICTS
TABLE I
ZONING DISTRICTS
OLD CODE NEW CODE
WZO WOO
RS
R1S
RD
RL
RM
RH
CO
CR
CG
CB
DOC
IS
IP
IL
IH
Public Amusement and Recreation District PA
Public and Private Cemeteries District PC
Public and Private Education Facilities District PE
Public end Private Hospitals District PH
Public Park District PP
Public Service District PS
MISCELLANEOUS DISTRICTS
Adult entertainment
Neighborhood Conservation Overlay District
NCOD
RS
R1S Retirement Community Single Family Residential
Never Used I Deleted
Applied to 1 parcell Deleted (will become RMI
RM Medium Density Residential
Never Used I Deleted
CO
Deleted (will become CG)
CG
Applied to 8 parcels I Deleted (will become CO)
DOC
10
Deleted (will become CG)
Deleted (will become IP, converted to Special Use)
IP
IL
Never used I deleted
Deleted (will become P)
Deleted (will become P)
Deleted (will become PI
Deleted (will become P)
Deleted (will become P)
Deleted (will become P)
P/SP Public & Semi-Public (all existing P zones combined)
Deleted
NCOD
SWOD Significant Wedands Overlay District
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2.101.03 Classification of Uses
Procedural Classification of Uses. The classification of uses within zones that are subject to
different procedures or standards has been changed. The classifications of "special" uses and
"specific conditional" uses are new. A special permitted use is a use that is permitted outright
subject to specified standards described by the WOO. A specific conditional use is a use allowable
under a conditional use procedure, but which is also subject to specified standards described by the
WOO. The classifications of "transitional uses" and "optional business" used in the WZO have been
deleted. Table 2 shows the different procedural classes.
TABLE 2
PROCEDURAL
CLASSIFICATION OF USES
WZO
WOO
Permitted uses
Permitted uses
Special uses
Conditional
Conditional uses
Specific Conditional uses
Special Uses that do not satisfy standards as permitted uses
Accessory uses
Transitional Uses
Optional businesses
Accessory uses
Activity Classification of Uses. Both the WZO and the proposed WOO classify uses permitted and
allowable in zones by functional classes. The WZO classes were based on non-standardized
terminology. The WOO uses'the North American Industry Classification System (NAICS) (1999
edition) to categorize nonresidential uses by type of activity. The NAICS is a document of the U.S.
Office of Management and Budget (OMB). It classifies sectors of the economy according to
production processes and activities.
The NAICS cross-reference in the WOO establishes a list of similar uses to interpret what is meant
by a specific term that describes a use. Residential, and other uses that the NAICS do not classify,
are not cross-referenced.
Functional Classification of Uses. The WOO also classifies uses on a lot or parcel as "predominant,"
"ancillary" and "required supporting uses." The predominate use is the primary activity on the lot or
parcel. An ancillary use is an activity on the lot or parcel that is not the primary activity but that is
subsidiary to the predominant use. In a grocery store with a delicatessen, the grocery store would
be the "predominant use" and the delicatessen and storage of grocery inventory would be "ancillary
uses. " A space or a facility necessary to fulfill a standard of the WOO such as access, parking,
loading, landscaping and open space is a "required supporting use." An ancillary use or a required
supporting use cannot exist without a predominant use.
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RESIDENTIAL ZONES
There are several changes made to all residential zones to comply with State law. Before detailing
the changes in each zone, those general changes are explained.
Overall
Cities are required to provide enough land zoned to meet their identified housing needs. ORS 197
identifies some specific categories of housing that are included within the term "needed housing."
Those include attached and detached single-family housing and multiple family housing for both
owner and renter occupancy; government assisted housing; mobile home or manufactured dwelling
parks; manufactured homes on individual lots; and housing for seasonal and year-round farm
workers. The statutory listing of these housing classes does not mean they are inherently needed in
every community. A city must satisfy the statutory requirements for each these housing classes if
its housing needs projection identifies a need for such housing.
The City will be later updating its housing needs projections as part of its periodic review work
program. That housing needs update may affect the classes of housing that the city must allow as
outright permitted uses in the WOO. Fundamentally, at this time the WOO is a conversion of the
City's acknowledged land use regulations in the WZO to updated, "modern" regulations. The intent,
in this initial adoption of the WOO, is to be consistent with the city's adopted comprehensive plan
and planning studies and documents.
Outriaht Permitted Use. Each housing type that the City has identified as "needed" must be an
outright permitted use within at least one zoning district with sufficient buildable land to satisfy the
identified need. ORS 197.307(3Hat. The existing WZO is acknowledged as complying with Goal
10 and amendments in the WOO do not materially affect the land supply available to satisfy housing
needs that have been identified.
Single family dwellings are permitted in all three residential zones but no longer in the CO zone. The
minimum lot area and setbacks remain unchanged except for flag lots. Alternative setbacks and
driveway standards are provided to enhance the compatibility of houses sited on flag lots and
enhance infill sites. The WZO .did not require single family dwellings to have a garage. The WOO
does. The WOO also requires single family dwellings to have space for two cars to park in the
driveway. The WZO did not.
Duplexes were allowed as a conditional use in RS and as a permitted use in the RO, RL and RM
zones by the WZO. The RO and RL zones are eliminated in the WOO. The new RS and RM zones in
the WOO permit duplexes on corner lots subject to specific standards regarding lot area and access.
To be eligible for a duplex in the WZO RS zone on an existing corner lot must contain at least
7,000 square feet and a subdivision ordinance requires new corner lot to contain at least 8000
square feet. Corner lots created after the effective date of the WOO must contain 10,000 square
feet and be at least 1 00 feet wide to be eligible for a duplex. The access must be from separate
streets unless the Public Works Director requires other access.
Multiple family housing was permitted by the WZO in the RL, RM and RH zones and in the CO, CR,
and CG zones. The RL and RH zones have been eliminated. The one parcel zoned RL will be
rezoned to RM. The RH zone has not been applied to any parcel. Multiple family housing is
permitted in the new RM zone. Multiple family housing in the WOO is a conditional use in CO and
in CG as a special permitted use. The CR zone has been combined with the CG zone, and
multifamily housing must be developed in conjunction with commercial uses as a special use. A
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single residence is permitted with a commercial use.
Manufactured homes on a lot were permitted uses in RS, RO, RL and RM zones under the WZO
subject to .special standards. (but not in the R1 S zone). The standards required at least 1,200
square feet of floor area, 24 feet in width, specified roofing and siding materials, the presence of at
least two of several listed architectural features and a garage. To comply with state law, the WOO
permits manufactured homes in all three residential zones as · special. permitted uses subject to
design standards consistent with the statutes, see Section 2.203.16. The minimum floor area has
been reduced to 1,000 square feet and the specified architectural features have been modified to
comply with the statutes.
Manufactured dwelling parks (MDPs) were not permitted uses under the WZO in any zone. Mobile
Home Parks (MHPs) were allowed as conditional uses in the RM zone. State law requires that
MOPs be permitted uses in at least one residential zone that has a density of 6-12 units per acre.
The amended R 1 S and the RM zones each include the 6-12 units per acre density range identified.
The proposed WOO permits MOPs in the RM zone subject to special use standards. Those
standards are contained at WOO section 2.203.15. MOPs are also subject to design review
procedures.
The WOO requires a public hearing before an MOP may be approved. The statutes authorize that.
The approval criteria in the WOO relating to placement and design are clear and objective .special
use. standards applicable only to manufactured dwelling parks.
The 1 997 Legislature adopted a law that limits the authority of local governments to regulate
development of an MOP, ORS 197.314. Cities are prohibited from establishing a minimum lot size
of less than one acre within zones where an MOP is allowed, ORS 197.314(5). The WOO complies
with this minimum. The minimum area for a manufactured dwelling space is 3,500 square feet. A
city is allowed to adopt additional regulations for MOPs that are between 1 and 3 acres in size
concerning the pitch of roofs and standards for siding and roofing commonly used within the
community or comparable to surrounding dwellings. The WOO incorporates these standards in the
architectural design guidelines and standards section 3.107.02.
The design criteria for MOP's are consistent with the minimum .design. criteria in ORS 446 and the
applicable OAR, administered as part of the State Building Code. As allowed by these state rules,
the WOO requires a 20-foot buffer yard is required around the perimeter of an MOP.
The WZO only allowed manufactured home parks (MHPs) in the RM zone. An MHP is similar to a
manufactured dwelling park but is less restrictive, it allows uses not allowed in an MOP, such as
recreational vehicles. The amendments in the proposed WOO change the use allowed in the RM
zone from MHP to MOP and change to allowing an MHP as an outright permitted use. The density
of the development remains at 12 units per net acre (comparable to 1 0 units per gross acre in the
WZO). The amended WOO contains no provisions for a new MHP. Any existing MHP not in
compliance with WOO standards will become nonconforming.
Architectural Oesion Standards. The proposed WOO contains new architectural design standards.
No architectural guidelines or standards are contained in the WZO. These new standards apply to
single family and duplex residences as well as multiple family developments. The standards
applicable to single family and duplex dwellings are mandatory, clear and objective standards
relating to roof pitch, siding and roofing materials, garages, design of the dwelling facade, building
entrance, windows, and eaves. Besides standards, builders of new multiple family units, and single-
family and duplex units in the NCOO, are provided the option of applying design guidelines subject
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to discretionary review.
Residential Homes and Facilities. .Residential homes. (less than six persons under care) and
.residential facilities. (6-15 persons under care) are addressed at ORS 197.660 to 197.670. Both
must be permitted in all zones that allow residential uses and in any commercial zone that allows a
single-family dwelling. The WZO does not specifically permit either of these uses in any of the
residential zones (except the Rl, which is applied to only one parcel). The WOO defines residential
homes as .group homes. and residential facilities as .group care facilities..
Residential Homes (.orouD homes. Der WOO) must be permitted in all zones that permit residential
uses and in any commercial zone that allows a single-family dwelling. No zoning requirement may
be imposed on developing a residential home that is more restrictive than requirements that apply to
a single family dwelling in the same zone. The WOO lists Group homes as permitted uses in all
three residential zones. No commercial zone in the WOO permits a single family dwelling.
Consequently the WOO is not required to, and it does not, permit group homes in any commercial
zone. The WOO allows group homes as conditional uses in the CO, Commercial Office, zone.
Residential facilities (.group care facilities. per WOO) must be permitted in any zone where multi-
family residential uses are a permitted use. Where multi-family residential uses are a conditional use
a residential facility shall be a conditional use. A city may allow residential facilities in other zones.
The only multiple family zone in the proposed WOO is the RM zone. That is the only residential
zone where group care facilities are listed as permitted uses.
The proposed WOO Commercial Office (CO) and Downtown Development and Conservation (DOC)
zones allow a .dwelling unit in conjunction with a commercial use.. They allow .group home or
group care facilities. as a conditional use. The dwelling unit allowed outright in these commercial
zones is a contingent use not an outright permitted use. A free standing dwelling is not allowed,
only one associated with a primary commercial use. Similarly for caretaker residences that are
permitted uses in the industrial zones.
2.102 Single Family Residential RS Zoning District
As indicated in the .Overall. section above, under the WZO, duplexes on corner lots are conditional
uses. The WOO makes them permitted uses on corner lots as a permitted special use.
Manufactured dwellings on existing lots are not listed as permitted uses in the WZO even though
they are permitted uses under state law. In the proposed WOO they are permitted on existing lots
under special uses provisions, requiring compliance with prescribed standards, as required by ORS.
Farm use, home occupations and manufactured dwellings on a lot are now permitted · special
uses.. The taking in of boarders is deleted because the definition of family (required to comply with
state and federal law) in the WOO includes unrelated persons living together. Historically or
architecturally significant sites are now addressed as a .special use. subject to prescribed
standards. The separate chapter in the WZO is deleted.
A new provision is included for temporary residential sales as a permitted special use consistent
with standards in 2.203.20. Owners or occupants can sell produce, plants and crafts and hold
garage or yard sales up to twice a year for 30 day periods between 8:00 a.m. and 8:00 p.m.
Child care homes and group child care homes are listed as permitted uses in the RS zone in the
WOO to be consistent with state law.
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The proposed WOO permits a narrower range of public uses than the WZO. The WZO permits
public buildings such as libraries and fire stations. The draft WOO limits permitted public uses to
rights of way, easements and pump stations, and allows government buildings to be established as
conditional uses. The WZO limited the location of churches and community club buildings to
transition areas where an RS zoned lot abuts a commercial or industrial zone and they were allowed
as conditional uses. The location limitation is eliminated in the WOO and they are permitted as
special uses. Both ordinances allow schools in the RS zone as conditional uses.
Boat, camper and trailer storage lots are a conditional use in the WZO. The WOO makes them a
permitted special use.
Golf courses are not a permitted or allowed use in the WZO. They are a permitted special use in the
WOO.
The following changes are made to dimensional and other standards. The WZO includes the -pole-
access way of a -flag- lot in calculating the minimum lot area. The WOO excludes the pole.
Concerning street setbacks, infill development is required to be set back similar to existing
development. Parking is limited to the driveway. Storage is not permitted in the required setback
areas abutting a street.
The following table shows the changes from the WZO to the WOO. Uses that are printed with
strikeout are deleted. Uses that are underlined are new. Uses that are moved to another category
are shaded.
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PERMITfED USES TR,AUSmeUM. CONDmONAL SPECIFIC PERMrITED
'=J8B8 USES CONDlrION ACCESSORY USES '"
AL USES BUILDINGS
Outright Permitted Special UIIe
~'tandards
Single family Aari<:ulture ehIIreh ehIIreh Historicallvor CuItomary raidedial
Playground. pub Boat and RV Pad ~t) w.. ~yl.~ Ard1itecturaII acce8OI)' buildings:
Boat and R V PlmKc P-I.:.'6 Sc:booII V 11211ificant Perr:ole
P..M>.. bid&- ~ e~p..Jt Pub. Utilitiell Site Greenhouse,
~unitv club ---.,. K;...L_....1ll, _> Hot houac
Pub ROW'" Debvery IClVlcelI KiI...1..... .> 11__.1 Hobby Ibop
easements &; Duplex on oomer lot -.ct') Batft) .~ Hobby houac
imProVements Rolf Course 1lam6000MM Patio
therein Home Occu~on l.HUU. ;) ~14 Eocloud patio
- Bup.kx M 00il.A LA W_ .lOli
Jl:ouse of p
:~~~w Manutact Home "ill. 7999 -sA Pets '" Pet quarten,
Group homeI Rmdentiallalell B*. __ & =:=x of 5
11o..-1UUp.ioIi Office to..&.- _. nHoat 4h..1tct,
BowcIcn I 1 en1P<lI'8fV PUO'. F_ or walla
Manuf H_ reSIdential Well &ir:R:6 Garage-==
FIl11i~ c:bild day Govemmental '" Gv.........c>.d .dliek ...-'&~
care 2 public utilitieI B06~ lie\> 8l....yiftt.
- Golf~nn ~""'M~""6"
otiS ~ GlICIt hv........
Oovermnent Biela Priv Rec F8clIitiell:
SwitmUng pooIa
Hot tub
I CowRd by WOO Sauna
definition offamily. ~Courts
PubbcParltin2
Pen. StOl'a2e Bld2.
The dimensional standards are unchanged (height, required yard areas and minimum parcel size),
except the minimum width is increased and the maximum lot coverage allowed is increased.
The minimum duplex lot size is increased from 7,000,8,000 square feet to 10,000 square feet.
2.103 Retirement Community Single FamUy Residential RIS Zoning District
The R1S district's name has been changed from ''Residential District Special" to "Retirement
Community Single Family Residential." This zone applies only to lands already zoned RlS. It
specifically prohibits its application to any new areas. Planned Unit Development procedures
applied to other residential zoning districts will provide the mechanism creating new
developments with similar character to R1 S in the future. The purpose is to maintain the existing
R1 S zone uses, dimensional standards and development standards. There are changes made to
R1S to conform with state law (allowing group homes and family child d..ay care). There are also
changes to conform to the new WOO format.
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A new provision is included for temporary "temporary residential sales."
PERMITTED USES TR..\NSmmlM. CONDmONAL SPECIFIC ACCESSORY
~ USES CONDI BONAL BUILDINGS
USES
OutrigW Permitt.ecI S 'at Use
~
Single FIIDily ~1tuR MIie I*lcilla Gov " public utility garage
Bclerdc:n ' ~RVPad bldg. " IIructs (JoftllllClcial .chic;1c
MIie blcI&. Boat and R V ...
4i.-4It.u ~ Oft'Stre<< PIlking domcMie help
Ilomc: ooc.~ ~unitv club s1~:'lf.mta1.
Group homes Debverv servJce5 Per&oIt
F8111ilv child day Duplex on comer lot p-eeohouse
care >12 ROlf (;(June Hothouse
~ Home Occu1>4tion Hobby house
lmW "easements House ot worship WoocIlhcd
& III\1>I'Ovements Manut8ct Home Fence or wall
therem Rellu:lentiallales
-== OOice
~byWDO ;.~ Well
defiDitim offiunily,
The dimensional standards are unchanged.
1.104 Medium Density Residential RM Zoning District
The RM district's name has been changed fromWMultiple Family ResidentialW to wMedium Density
Residential.. The new RM zone makes a distinction between housing types, with different
standards for apartment dwelling units, group care living units and manufactured dwelling parks.
The zone allows three levels of maximum residential density as follows:
Multiple family dwellings
Assisted living facility or nursing care facility
Manufactured dwelling park
16 units per net acre
32 units per net acre
1 2 units per net acre
The WZO did not state a maximum density provision for apartments, nursing care and assisted care
living facilities. The WOO provides a higher density for assisted living and nursing care facilities
than for multifamily developments because the activity of the occupants is limited and the living
units are smaller.
Developments must comply with applicable parking ratios, open space, site design standards and
guidelines and buffer yard requirements.
The WZO required one parking space for each dwelling unit and a second space for dwelling units
with two or more bedrooms in multiple family developments. The WOO increases the parking
requirement to two spaces for each dwelling unit. The WZO required one -space for each four living
units in an assisted living facility. That standard is increased to one space per two living units. For
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-
nursing care facilities the standard remains one space for each four living units.
The WZO requires 300 square feet of open space for the first bedroom and 1 00 square feet for
each additional bedroom. The WOO requires that 30% of the site area be common open space and
facilities and 2000 square feet of the open space must be at least 36 feet wide. Recreation
facilities are required.
The WZO contains no requirements for pedestrian circulation. The WOO does.
The height and setback requirements are unchanged.
In the WZO, the buffer yard standards concerned horizontal separations as yards only. In the WOO,
the buffer yard requirements also address landscaping and walls.
The front yard setback remains 20 feet. All other yards depend on uses permitted in the abutting
zone.
As discussed elsewhere, the manufactured dwelling standards are different from other forms of
housing in RM. Manufactured dwelling standards have been changed in the WOO to conform with
state law. The allowable density for manufactured dwellings is unchanged, although it is expressed
in different terms. The WZO allowed 10 units per gross acre and the WOO allows 12 units per net
acre.
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PERMITfED USES TlMNSmOUM. CONDmONAL SPECIFIC PERMfITED
~ USES CONDlll ACCESSORY
ONAL BUIlDINGS
USES
Outright Permitted =se
RC s:.. L..:I) MIic J*kin& ~ ~_} IcaidcntieI
PL.} &llMlM . r60ka ~ rl.wt s......tt.o. A J.!!.Hl~.1!> blSllclinp.
PaIicMdt, """'ftWICI'Y S~~!t}I&:.6-.ait.1 1'.:1&_
~:_1tau~ 8tu<LIt Homes ar~cubottlG,
GI-llap hv...c& &-d4,II~ IIct hclaee
lloIM ooc~ Rvo..ml& lIoll8CS I~ .Iftop
Bcncn I1.)41Q1 Wi II&cd IIoM.} l\oIIIG
MllImIfadarcd homes R,;6. ~u...4l homes --Patte
Baplclr RClIt ~ EnclGeccI petie
a.r.ce M.A.ik home perIra \Y..\,oc! Mccl
~ 11__4I.txlteS P~ qtNrien
EllmrclMa 8eaik. ~tIdi. F1dIo.t a11ebet.
~e1. 8cMIi, -npa- &. II.-
~~tea. Dl M) tI...ae.: lItroIaf,t. 68n&e
Il~ ~ El<l......ett.:.I. .~
O.<MIp '*~ homcI '"'IIt:erltp
~1I..ned BemcJtlc lIelp
tItiIitiee SLccpinr, ~1cI'It
.e.-~
GlIClIt hc-=e
8.....:...~r.!!'
RM Single family Aaricu1ture Public puking PUD Historicallv Customary raidential.
MultWle family Boat &. RV .torue ~ .Je..t CAR.E. or accessory buildinp:
mcludum apar1ments communitv club bilk """'ftWICI'Y Mobile home padc irohitectura Persela
PlaYBJ'OUDd. pub Delivery IerVlce Boat, camper " !!Y 0rce0b0uIe,
Public bldg buplex on comer 1lailcr Itonge il~CUJt Hot house
AFcu1ture W:1litiesdurinJt Schools lIite Hobby Ihop
Group bomca or COIIItn1ction Gov. " Pub utilities Hobby house
RI'OUP care 1iIciiitv Golf CXIUI'Ie " bldJt. ~patio
HOIDIl occupation Home occupation OOIl'Oilvinlt ranRe EiiClO8CG patio
Boudcn ' House of worship Olf street parltinR v:~ IhccI
MIIIIIfadured bomca MlUlu[ Dwellum Pet quarten, max
Duplex ~ ofs
Garage lranufadured home r.uOllt llteltm
Apartments Residential sales Fences or watls
Owrcbes ottlce Garage=
CommuoityClubs a....~w:.d. ..chi~k.
KindergaItat or day ~
DUr'IeI')' Dotncstic lIelp
D.......:kllicl 81~:'1& qttMc.1.
Sv. va:t,),i'!.....u4.1 M~A&G
8tlldcftt hOOICS GlIcM IWltIICS
B.A.&.I& llca8es Priv Roc Facilities:
ROOIlq I1-l1l11C1 Swinuning pools
Ik..el. r... af,cd Hot tub
1b:t>._-411omee Sauna
8_":b..:~ ~Cout1s
~.el_i, c. Pen. Storae:e Bldlt
I Covered by WOO -
de1inition offamily.
-15-
Minimum lot size of duplex lots is increased in the WOO from 7,000 to 10,000 square feet.
COMMERCIAL ZONES
2.105 Commercial Office (CO)
The WZO permitted all types of residential uses, community clubs and kindergartens and day
nurseries, home occupations, public buildings, gardens farms and orchards in the CO zone based on
cumulative zoning. Under the WOO only one dwelling unit in conjunction a commercial use is
permitted. Multifamily, assisted living, nursing care facilities, rooming & boarding homes, group
home or group care facilities are allowable as conditional uses. Community clubs were permitted in
the WZO but are not a listed use in the WOO.
The WOO uses different terms and categorization for permitted and allowable uses based on the
NAICS instead of nonstandard terminology. The WZO allowed mobile home parks, boat camper
and trailer storage areas or lots as conditional uses in the CO zone. Those uses are not allowable
under the WOO. The WZO contains a provision for .optional businesses. that can exist only if
incidental to a main use and conducted within the building of the main use. Those uses included
eating places, restaurants, caterers, coffee shops, news dealers and newsstands. The WOO deletes
the. optional business. category but permits food service businesses in the CO zone.
New uses listed as permitted uses in the WOO in the CO zone include the following:
Postal service
Cable Networks
Telecommunications (except towers) (were conditional uses in the WZO)
Information & data Processing
Check Cashing and Cash Transfer Establishments other than Banks
Computer System Design
Management Consulting
Scientific Research & Development
Rights of way & Easements (were conditional uses in the WZO)
The WZO permits .preschools, nurseries and kindergartens,. which are child care centers, .in the
CO zone. The proposed WOO permits child day care centers in the CO zone under the general
category of Health care and social services.
A couple of uses that were allowable in the WZO are not allowable in the WOO. These include
mobile home parks and boat, RV and trailer storage.
Agriculture was a permitted use in the WZO. The WOO makes this a permitted special use. Other
special uses that are new in the WOO include delivery services and facilities during construction.
Generally, the dimensional standards are unchanged. However, the setback from a street property
line has been decreased from 20 feet to 15 feet. To limit the scale of the parking area allowed in
front of buildings setbacks may not be greater than 1 50 feet. All other yards and buffers depend on
the use zone of the abutting property.
The landscaping standards for street rights of way specify required property line sidewalks and
street trees.
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2.106 Commercial General (CG>>
~
The WZO had three commercial zones that are combined into the WOO CG zone. The WZO zones
that are combined are the CR (commercial retam, CG (commercial genera!), and 10 (Interchange
District). The lands zoned CR, CG and 10 are proposed to be zoned CG with one exception. Parcels
zoned CR at the northwest corner of Highway 214 and Boones Ferry Road will be zoned CO, which
accommodates the existing use. There are six lots zoned CB (central business), The CB zone is not
included in the WOO and the thirteen parcels are proposed to be zoned CO,
The WZO permitted all types of residential uses, community clubs and kindergartens and day
nurseries, home occupations, public buildings, gardens farms and orchards in each of these zones
based on cumulative zoning. Multiple family residential use permitted in the new CG district is a
.complementary residential use,. where housing must be developed in conjunction with a
commercial use, above the ground floor. Hotels, motels, and bed and breakfast inns are permitted
uses. Community clubs, kindergartens and day care nurseries are not a listed use in the CG district
in the WOO.
Under the WOO, the CG is the most intense commercial zone. Uses that were allowed in the WZO
CG zone but are deleted or reclassified in the WOO include the following:
WZO CG Uses Deleted in the WOO
Single family residential
Duplex
Ice dealer
Drive-in motion picture theater
Boat repair
Cabinet/carpenter shop
Building and special trade contractors
Kennel (A Conditional Use in CR in WZO)
WZO CG Uses reclassified in the WOO
Multiple family residential (reclassified as Complementary Residential, WOO Special Use)
Tractor sales, optional business (reclassified as a WOO Conditional Use>>
Display and sales of manufactured homes, optional business (reclassified as a WOO
Conditional Use)
New oermitted uses in the CG zone that the WOO permits for parcels zoned 10 in the WZO include
the following:
Athletic club (Fitness & recreation sports 7139,.
Ballroom (Other amusements including ballrooms 713990)
Boxing arena (Performing arts and spectator sports (711)
Dance hall (Other amusements including ballrooms 713990)
Gymnasium (Fitness & recreation sports 71391)
Swimming pool (fitness & recreation sports 71391)
Automobile parts without installation (44131)
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Food & beverage stores (445)
Sporting goods, hobby, book and music stores (451)
Financial & insurance (52) excluding pawn shops (522298)
Real estate (531 & 532)
Personal services (81900)
Electronics & appliance stores (443)
Food & beverage stores (445)
New uses were added to the WOO in the CG zone that were not previously permitted in the WZO.
These include the following:
Postal service
Cable networks
Information and Data Processing;
Computer system design
Management consulting
Bed & breakfast inns
Public administration
Permitted SDecial Uses. Agriculture was an outright permitted use. It is moved to the category of
permitted special uses. Other permitted special uses are new, including: Complementary residential
uses, delivery services; facilities during construction and temporary outdoor marketing
Conditional Uses. Recreational vehicle parks continue to be conditional uses. Pawn shops and
outdoor veterinary clinics were a permitted use in the CG zone under the WZO. They are
conditional uses under the WOO (as are the new categories of pay day loan and cash transfer
establishments other than banks).
Use categories that were not in the WZO that the WOO allows as conditional uses are scientific R &
o and government buildings. Two uses (used merchandise stores and automotive maintenance)
that were allowed as .optional business. (a classification that is not recognized in the WOO) are
now conditional uses.
New uses for parcels zoned CR and 10 in the WZO that are allowable in the CG zone as conditional
uses include the following:
Storage of automobiles when ancillary to towing
Check cashing other than bank
linen supply
Automobile parts including installation
Automobile sales
Automobile service stations and garages
Automobile washing
Urban transportation and warehousing
Pawn shops
Scientific R & 0
Government buildings
Used merchandise stores
Gasoline stations
Motor vehicle towing
Ambulance service
Veterinary clinic
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-
DEVELOPMENT STANDARDS
The CR zone in the WZO had a height limit of 45 feet. Under the WOO, lands zoned CR would be
zoned CG and the height limit increases to 70 feet. Under both the WZO and the WOO there are no
side yard setbacks required unless the proposed use abuts a property used or zoned for residential
purposes or the proposed use is residential. When a commercial use abuts a residential use or
zoning, the minimum year and side yard requirement is 5 feet and a wall, fence or evergreen hedge
at least 6 feet high is required. When the proposed use is residential in the commercial zone, the
side and rear setbacks are 5, 6 or 7 feet as determined by the RM zone. In the WOO the rear and
side yard setback is 10 feet when the proposed use abuts a residential zone or use or a CO or P
zone and a solid buffer wall 6 to 7 feet high. If the proposed use abuts a CG, DOC, IP, or IL zone
the setback is 5 feet, but a building wall can be placed on the property line. The front yard setback
for commercial uses in the WZO is 5 feet in the CR and CG zones, and there is no front yard
setback required in the CG zone. For residential uses in the CR and CG zones the front yard set
back is 5, 7 or 8 feet as determined by the RM zone and in the CB is determined by the RH zone (5,
6, 7 feet or 20 feet plus four feet per story).
Standards for street right of way specify property line sidewalks and street trees.
2.107 Downtown Development and Conservation (DOC)
The WZO permitted all types of residential uses, community clubs and kindergartens and day
nurseries, home occupations, public buildings, gardens farms and orchards in the DOC zone based
on cumulative zoning. Under the WOO one dwelling unit in conjunction a commercial use is
permitted, as it is in the WZO The WOO allows residential development in commercial structures in
the DOC zone above the ground level. Multifamily, assisted living, and nursing care facilities are
allowable as conditional uses. Community clubs, kindergartens and day care nurseries are not a
listed use in the WOO, thus not permitted or allowed in the DOC zone.
NOTE: There is a scrivener error in the Draft WOO. All uses, allowed in the new WOO CO zone are
intended to be included with the same classification in the DOC zone.
Soecial uses permitted in the DOC zone are new and include the following:
Craft industries (reclassification of a WZO permitted use)
Facilities during construction
Temporary outdoor marketing and special events
Complementary residential (reclassification of a WZO multiple family residential permitted
uses)
Conditional Uses. Government and public utility buildings and structures are allowed as a
conditional use in the DOC zone under the WOO. This category was amended to create consistency
in regulating supporting government structures in all zones. The WZO allows "community service
such as health clinics and social services" as a conditional use. Social services are a permitted use
in the WOO. Outdoor markets were a conditional use in the WZO. They are a special permitted use
in the WOO. Under cumulative zoning, telephone office facilities, mobile home parks, and boat
camper and trailer storage areas or lots are allowed as conditional uses in the DOC zone. They are
not allowed in the WOO.
Development standards for the DOC zone are contained in Section 3.107.07. The WZO contained
mandatory standards. The mandatory standards have been amended so that some are guidelines,
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and others provide an option of application as a standard or a guideline.
State law mandates group child care homes (that are provided in a single family dwelling) to be
permitted uses, no matter whether the operator lives in the dwelling. The proposed WOO does not
permit single family dwellings within any commercial zone. Consequently no new residence could
be developed and used for a child care facility. The WZO did permit single family residences in the
commercial zones. Consequently, there likely will be residential use of residences within the
commercial zones where both the residential use and the residential structure will become
nonconforming upon adoption of the WOO. It is the City's position that we have not required to
permit a nonconforming use (the new group child care homes) in nonconforming structures.
Child care facilities in structures other than single-family dwellings are .child care centers.. The
WZO does not include child care centers as a use category. It does permit .preschools, nurseries
and kindergartens. in the DDCO zone. The term child care center is intended in the WOO to mean
the same thing as · child care center. under state law - a facility serving 1 2 or fewer children in a
non-residential structure. The WOO does not permit or allow child care centers in the ODCO zone.
Any existing child care center in the OOCO zone will become a nonconforming use.
There are no changes to the dimensional standards in the WOO. Landscaping standards have been
modified to reflect the overall landscaping pattern reflected by all WOO landscape standards.
Design standards have been reformatted.
z..1ml Reserved
INDUSTRIAL ZONES
~ Industrial Park IP Zonlna District
The IS (Industrial Sales) district is eliminated in the WOO. The uses in that district that differed
from the IP (Industrial Park) district are included as permitted special uses in the IP district. The
lands zoned IS will be zoned IP.
New permitted uses in the IP zone are parking lots and government maintenance facilities.
IS uses incorporated as special uses include the following
Agriculture (formerly a permitted use)
Industrial sales:
Manufactured home dealers
Motor vehicle and parts dealers;
Truck dealer'
Tractor and farm machinery
Farm, garden & landscaping supplies
New special uses include the following:
Delivery services
Facilities during construction
Mobile food services
Uses that were permitted in the WZO that are deleted in the WOO include the following:
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Airport terminal facilities
Aircraft maintenance facilities
The WOO reduces the front yard requirement from 20 feet in the WZO to 1 0 feet. The height
restriction remains 45 feet. Neither the WZO nor the WOO contains a minimum lot size
requirement. The landscaping requirements have been changed to specify property line sidewalks
and street trees. The WZO required 8 per cent of the site to be landscaped.
2.110 Ught Industrial (It) Zoning District
All uses of the WZO IH (High Technology district) have been consolidated into the IL (Light
Industrial district. No land in the city is zoned IH so the no land needs to be rezoned because the IH
zone is eliminated.
The WOO reduces the front yard requirement from 20 feet in the WZO to 1 0 feet. The height
restriction remains 45 feet. Neither the WZO nor the WOO contains a minimum lot size
requirement.
The landscaping requirements have been changed. The WZO required 8 per cent of the site to be
landscaped
New uses permitted in the IL zone include the following.
Lumber &. wood products
Stone, clay grass, concrete
Misc. manufacturing
Motor freight
Transportation
Also new in the district the permitted special use category. Special uses listed in the IL zone are the
following.
Agriculture (formerly a permitted use)
Delivery services
Facilities during construction
Mobile food services
Also new in the district the specific conditional use category. Telecommunications facilities are a
allowed specific conditional use in the IL zone.
New uses that are allowable as conditional uses include the following:
Paper &. allied products
Chemicals &. allied products
Primary metals manufacturing
Eating &. drinking establishments
The IL zone has some dimensional changes including decreasing the front/street yard requirements
from 20 to 1 0 feet. The landscaping standards are changed to specify street right of way property
line sidewalks and street tree requirements.
2.111 PUBLIC and SEMI-PUBLIC
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The WZO has six public and semi-public and governmental use districts. The WOO has consolidated
these into one.
P A Public Amusement and Recreation District
PC Public and Private Cemeteries District
PE Public and Private Educational Facilities District
PH Public and Private Hospitals District
PP Public Park District
PS Public Service District
Certain public uses, such as houses of worship, golf courses and schools are specified as uses in
particular residential, commercial and Industrial zones.
Some uses permitted or allowed in the WZO are not permitted or allowed in the WOO. The deleted
~ include the following:
Airport
Private Auditorium
Exposition facility
Fairground
Parkway
Race track
Stock show
Zoo
Church campgrounds
Campgrounds
Penal institution
Reformatory
Detention home
Residential school for handicapped
(was a permitted use in the PA zone)
(was a permitted use in the PA zone)
(was a permitted use in the PA zone)
(was a permitted use in the PA zone)
(was a permitted use in the PP zone)
(was a permitted use in the PA zone)
(was a permitted use in the PA zone)
(was a permitted use in the PA zone)
(was a permitted use in the PH zone)
(was a permitted use in the PH zone)
(was a permitted use in the PH zone)
(was a permitted use in the PH zone)
(was a permitted use in the PH zone)
(was a permitted use in the PH zone)
The following uses are conditional uses in the P zone:
Ball Park (was a permitted use in the PA zone)
Stadium (was a permitted use in the PC zone)
Cemetery (was a permitted use in the PC zone
Mausoleum (was a permitted uses in the PC zone)
Crematorium (was a permitted use in the PC zone)
Schools (was a permitted use in the PH zone)
Hospitals (was a permitted use in the PS zone)
Ambulatory health care facilities (was a permitted use in the PS zone)
Government buildings (excluding sewage treatment plants, garbage &. refuse land fill)
Aquatic facility
Golf driving range
The WZO permits a golf course in the PA zone. The WOO permits a golf course in the RS, Rl S, RM
and P/SP zones. The Senior Estates golf course is zoned PA. The Senior Estates golf course zoning
will be changed from PA to P/SP.
The WZO permits public utility uses in the PE and PP zones. The WOO redefined and allowed as a
permitted and conditional use in the P/SP zone. The WZO listed as a permitted use "municipal or
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government service building, structure, and use, i.e., reservoir, water tower, pump station, sewage
treatment plant, garbage and refuse landfill operations, bus, equipment, parking servicing or
repairing.. The WOO allows these uses, except sewage treatment plant and garbage and refuse
landfill as a conditional use in the P/SP zone.
The WZO permits a dwelling for a caretaker or watch person in the PA, PC, PE, PP and PS zones
(this use is also listed as a conditional use in the PA zone). The WOO allows this use as an
accessory use in the P/SP zone. The WZO permits a stadium in the PA zone. The WOO permits a
stadium in the CG zone. There is no parcel used as a stadium.
An aquatic facility is added as conditional use in the proposed WOO.
The landscaping standards are changed to specify street right of way property line sidewalks and
street tree requirements.
OVERLAY ZONES
2.112 NeiGhborhood Conservation Overlav District CNCOD)
This area of the city within the NCOO district was originally defined in the WZO. This section
reformats this information and designation, consistent with the WOO. The purpose is revised to
focus on preserving the historic visual character.
~ SiGnificant Wetlands Overlav District CSWOD)
This is a new section in the WOO. The purpose is to comply with the letter of the state
requirements for wetland regulations, while continuing to rely on the professional expertise of the
Division of State Lands for evaluating development proposals. This section recognizes not only the
requirements of the law, but also the narrow scope of .significant. wetlands and the relatively
narrow range of local wetland issues within the City. The WOO adopts by reference the Woodburn
Wetlands Inventory and riparian Assessment, dated January 5, 2000.
The City's flood plain regulations are not included in the WZO and are not incorporated into the
WOO. The flood plain Ordinance No. 2018 as amended by Ordinance 2253 remains in effect.
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~
2.2 SPECIFIED USE STANDARDS
2.201 Accessorv Uses and Structures: Residential Zones and Residential Uses
2.201.01 Aoolicabilitv
The provisions in this section apply only to the residential zones, residential uses in the CO zone and
existing residential uses in the CG, DOC, IP, IL and P/SP zones. It contains provisions from chapter
9 of the WZO.
2.201.02 Structures Excludina Fences and Freestandina Walls.
This section clarifies the existing WZO standards. A new provision limits the lot coverage for
accessory structures to 25% of the rear yard area.
2.201.03 Fences and Freestandina walls.
The WOO limited fences within 10 feet of a street property line to a maximum height of 30 inches.
The provisions related to fences and walls have been changed to allow solid fences at the property
line, up to 42 inches (3.5 feet) in height, except within the clear vision area, where the height is
limited to 30 inches. The height is allowed to increase in proportion the distance the fence is set
back from the property line up to a maximum height of 7 feet. The WOO contains a new provision
prohibiting the use of barbed wire on fences.
2.02 Accessory Uses and Structures: Non-Residential zones and Uses
2.202.01 Aoolicabilitv
The provisions in this section apply to uses not covered by Section 2.201 - nonresidential uses in
the CO, CG, DOC, IP, IL and .P/SP zones. This section clarifies that any accessory structure, except
for a fence or freestanding wall, within the nonresidential zones must comply with the same
standards as permitted uses within the zones.
2.202.03 Fences and Freestandina Walls
The provisions related to fences and walls have been changed to allow solid fences at the property
line, up to 42 inches (3.5 feet) in height, except within the clear vision area, where the height is
limited to 30 inches. The height is allowed to increase in proportion the distance the fence is set
back from the property line up to a maximum height of 7 feet. The WOO contains a new provision
prohibiting the use of barbed wire on fences
2.203 Soecial Use Standards
A .special Uses. is a use that has standards and conditions applicable only to the specific listed
special use under which the use can be established. No public review process is required if the
application meets preset standards and conditions. In those instances where such preset
requirements cannot be met, the use may be allowed as a .conditional use,. following public review
and approval procedures. Due to state requirements, the Draft WOO will be modified so that a
manufactured dwelling park cannot be considered as a conditional use. The allowable special uses
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are listed in each zone. The preset standards and conditions for each possible special use is
contained in WOO section 2.203.
2.203.02 AGricultural Practices
The WZO permits agricultural practices as an outright permitted use in most zones. The WOO
makes agriculture a special use and limits agricultural practices to those that do not involve
livestock.
2.203.03 Boat and Recreational Vehicle StoraGe Pad
The WZO does not regulate boat and RV storage areas. These regulations are new. Space
limitation; uses prohibited; location; surfacing; screening.
2.203.04 Boat and Recreational Vehicle StoraGe Area
The WZO does not regulate boat and RV storage areas. Management; use limitation; location;
screening; landscaping; paving; lighting.
2.203.05 CommunitY Cub Buildinas and Facilities
This section contains standards for new community club buildings concerning setbacks, parking,
screening, landscaping, and lighting.
2.203.06 ComDlementarv Residential Uses
This section contains standards applicable to development of complementary residential uses
concerning the following: mixed use required; ground floor use; parking; and density.
2.203.07 Craft Industries
Craft industry regulations are new. The use has been listed in the mo: DOC zone pending the
preparation of development criteria. The section specifies the uses permitted, requires the use to
have a retail storefront, prohibits outdoor activities, establishes the maximum size and limits noise
light or odor from the building.
2.203.08
Deliverv Services
Delivery service regulations are new. These regulations apply to services that deliver to premises.
Examples of delivery services, are UPS and pizza delivery. The section specifies the uses permitted
are limited to packages, food and beverages. The delivery service must be provided from a self
contained mobile unit and may not stay at a location longer than 15 minutes. A business license is
required.
2.203.09
DUDlex on II Comer Lot
These provisions replace the WZO conditional use provisions for duplexes in the RS zone. A duplex
is permitted, subject to compliance with the specified criteria. The criteria relate to lot area and
access.
2.203.10
Facilities DurinG Construction
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These provisions regulating facilities on a construction site are new. The standards relate to the
uses permitted and removal of the facilities.
2.203.11
Golf Courses
Golf Courses were not regulated in the residential zones of the WZO. These new regulations
address setbacks; parking, screening and lighting.
2.203.12
Home OccuDations
The regulations of home occupations have changed from a definition in the WZO to performance
standard regulations in the WOO. The new regulations address operation; compatibility; signs;
location; area; alterations; parking; hours of operation; outdoor storage prohibited activities; day
care provision; business license.
2.203.13
House of WorshiD
The WOO applies the term .house of worship. to the use category called .church. in the WZO.
The special use provisions replace the WZO transitional use and conditional use provisions in the RS
zone and the permitted use provisions in the RM zone. The regulations address side and rear
setbacks; landscaping; off-street parking; street access; bus and van storage.
2.203.14
Industrial sales
This special use replaces the IS zone in the WZO. Industrial sales were permitted uses in the IS
zone, under the WOO, these uses are special uses. The standards address uses permitted; location;
development standards and lighting.
2.203.15
Manufactured DwellinG Park (MOP)
This section was revised to comply with current state statutes and administrative rules. See the
general discussion on residential zones.
2.203.16
Manufactured Home on a Lot
The WOO allows manufactured homes outside of manufactured dwelling parks. The 1993.
Legislature enacted ORS 197.314, which requires cities and counties to allow for siting of
manufactured homes on any lot land zoned for single-family residential uses. The only.exception is
set forth in ORS 193.314(3) (a historic district or sites next to historic landmarks). ORS
197.307(51 contains the maximum restrictions that a City may impose on manufactured homes on
lots outside of manufactured dwelling parks. These standards relate to size, foundations and
enclosures, roof pitch, exterior siding, certification, and garages or carports.
The WOO allows a manufactured dwelling on a lot as a .special permitted use. in each of the three
residential zones. The development standards in the applicable zone apply and the additional special
development standards in section 2.203.15 also apply. The special development standards are
taken verbatim from the statute.
Jurisdictions may subject .a manufactured home and the lot upon which it is sited. to other
development standards, architectural requirements, and minimum lot-size requirements, but only if
conventional single family residential dwellings are subject to the same standards.. ORS
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-
197.307(5)(g).
The proposed WOO is consistent with the statutory requirements for manufactured dwellings on
individual lots.
2.203.17
Mobile Food Services
The WZO does not regulate mobile food services. The WOO limits these uses to the two industrial
zones, IP and 1L. An example of a mobile food service is a canteen van or a taco van. The
standards address uses permitted, location, hours of operation, access, parking, setbacks, signs,
health and sanitation, base of operations. A business license is required. The use must on private
property, with the consent of the property owner, have at least four parking spaces, conform to the
setback standards in the applicable zone. The operational base for the service must be located in a
commercial or industrial zone. The operator of the vehicle or structure must have health
certification.
2.203.18
Residential Sales Office
The 2001 legislature enacted a law that amended ORS 197 that restricts a city from prohibiting a
real estate sales office in subdivisions and PUO's. Chapter 437 Or. Laws 2001. Owners or
developers may maintain real estate sales offices until all lots or units are sold in subdivisions or
PUO's that contain more than 50 lots or dwelling units. The proposed WOO permits a residential
sales office as permitted special uses, subject to standards in section 2.203.18 in the RS and RM
zones. This use is not listed as a permitted use in the R1 S zone because the R1 S zoned lands are
developed and the WOO does not allow the zone to be applied to additional parcels.
2.203.19
Temoorarv Outdoor Marketina and Soecial Events
The WZO did not regulate temporary outdoor marketing and special events. These new provisions
regulate the uses permitted, duration, hours of operation, on-site circulation, parking, signs,
setbacks, responsibilities.
2.203.20
Temoorarv Residential Sales
The WZO did not regulate temporary residential sales. These new provisions regulate the uses
permitted, number of sales per year, time and duration, signs. Owners or occupants can get an
administrative permit to sell produce, plants and crafts and hold garage or yard sales up to twice a
year for 30 day periods between the hours of 8:00 a.m. and 8:00 p.m.
~ Soecific Conditional Uses
.Specific Conditional Use. is a different format for dealing with the existing requirements of WZO
Chapters 12 (Historical Architectural Significant Site) and Chapter 41 (Telecommunications
facilities). These uses are subject to specific standards, and a conditional use review procedure.
2.204.03
Historicallv and Architecturallv Sianificant Buildinas.
This section was primarily reformatted, with housekeeping revisions, to fit the structure of the
WOO.
2.204.04
Telecommunications Facilities
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This section was primarily reformatted, with housekeeping revisions, to fit the structure of the
WDO.
-28-
3.1 DEVELOPMENT GUIDEUNES AND STANDARDS
3.101 Street Standards
The street standards in the WOO incorporate provisions currently contained in the WZO, the
WAMO, and recommended implementing regulations contained in the WTSP.
The WOO includes dedication and improvement standards for streets. It requires all new
development accesses to be connected to a public street. The dedication and improvement
standards vary depending upon the functional classification of the street to be accessed. Private
streets are allowed only in manufactured dwelling parks.
3.101.01
~
This section contains a new policy statement for street facilities, to provide a statement of intent to
guide interpretation of the standards.
3.101.02
General Provisions
The WOO sets street required right of way and improvement standards applicable to three classes
of streets: Connecting streets, boundary streets and internal streets when an access permit is
required by the City. If complying with the applicable standard violates an applicant's constitutional
rights under federal or state .takings. clauses, the applicant may apply for an exception from the
standards. A procedure for an exception application is set out in section 5.103.12. The WOO
requires the applicant for an exception to provide information on the impact of the proposed
development on the traffic system and the costs of providing the level of improvement proposed by
the applicant. The decision-maker may not approve an exception to street dedication and
improvement standards that allows a street that is less than the specified minimally safe and
functional street - one 12-foot travel lane in each direction. If compliance with the minimum street
standard violates an applicant's constitutional rights, the applicant may apply for a variance from
the applicable street standard.
For connecting streets, the general requirement is a full street dedication and improvement to City
standards for the functional street classification. If the applicant justifies a lesser street because of
constraints, the minimum street improvement requires two 12-foot travel lanes including curbs,
drainage facilities, pedestrian and bikeway facilities on the development's side of the street; For
boundary streets, the general requirement is a full street dedication and improvement to city
standards for the functional street classification. If the applicant justifies a lesser street because of
constraints, the minimum street improvement requires two 12 foot travel lanes including curbs and
drainage facilities. For internal streets dedication and improvements to full City standards are
required. There is no provision for an exception from the full standard dedication and improvement
requirement for internal streets because internal streets are needed solely for the benefit of the
development.
Termination of streets. The WZO contains no maximum length for a cui de sac street nor specific
turnaround standards. The WOO limits the length of cui de sac streets to 250 feet and specifies the
minimum dedicated and improved radius of a cui de sac. This section also requires an applicant to
dedicate a one foot reserve strip at the end of a temporary dead end street that is planned to be
extended.
Connectivity of bike and oedestrian facilities. To implement the WTSP, the WOO contains a new
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provision that requires off-street bikeway and pedestrian facilities to provide a connection to a
public street or activity center and stubbed facilities that may be extended.
Block Standards. The WOO contains new minimum and maximum block standards to implement the
WTSP. It sets the minimum length at 200 feet, a desired maximum of 600 feet, and an absolute
maximum of 1200 feet. The WZO contains no block standards.
Street Namino. This section provides a system for naming streets. No street naming standards
currently exist.
Sidewalks. The WOO contains a new provision, implementing the WTSP, that requires sets a 5-foot
minimum width for sidewalks for all zones except the DOC zone or where specifically varied by a
variance application.
3.101.03.
Riaht of Way and ImDrovement Standards
The WZO, Subdivision Ordinance and Access Management Ordinance have separate sets of street
and access standards and lack consistency with the Woodburn Transportation System Plan. This
section establishes common street and consistent street cross section standards for zoning and land
divisions. The WOO adopts the WTSP street classifications by reference.
Where a local residential street uses one of the · skinny street- options this section provides specific
requirements of off-street parking to compensate for the parking lost by use of narrow street
improvement cross section.
~ Utilities and Easements
No change.
3.102.01
Water. SanitarY Sewer and Storm Drainaae Facilities
No change.
3.102.02
Underaround Utilities
No change.
3.102.03
Outdoor Liahtina..
Th WZO contains no standards. The WOO sets standards for manufactured dwelling parks
consistent with OAR 918-600.
3.102.04
Easements
WOO provisions for municipal and public easement comply with the existing subdivision ordinance
requirements. The WOO adds new creek and watershed maintenance easements.
~ Setback. aDen Soace and Lot Standards. Generally
3.103.01
Setbacks and aDen Soace. Generally
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This section describes basic standards, and interrelationships.
3.103.02
Lot Coveraae. Generallv
This section describes basic standards, and interrelationships.
3.103.03
Setbacks. setback Area and reauired ODen SDace. Generallv
This section describes basic standards, and interrelationships.
3.103.04 SeDaration of Lot or Setback Areas
This section describes basic standards, and interrelationships.
3.103.05
SDeclal Street Setbacks
This section of the WOO implements the WTSP. Special setbacks next to major streets help insure
adequate visibility, air and light are available adjoining the streets, taking into account the street
functional classification. The list of applicable major streets and the corresponding standards have
been updated to conform with the Woodburn Transportation System Plan (WTSP).
3.103.06
No Parkina or Storaae in Setbacks Adiacent to a Street.
Standards regarding the location and limitations on parking on private property abutting streets have
been upgraded. The WOO prohibits parking in required setback areas except in driveways.
3.103.07. .08. & .09 Proiectlons
Housekeeping modifications have been made to the provisions of the WZO regarding the projection
of building features into required setbacks.
3.103.10
Vision Clearance Area
Standards for a clear vision area at the intersections of streets and the intersection of streets and
driveways for traffic safety have been standardized and upgraded from the provisions in WZO
chapter 8 and are applied to all streets and access ways. Trees within the vision area are permitted,
if branches and foliage are removed to a height of 7 feet above grade. Telephone, power, cable
television poles, telephone and utility boxes and traffic control signs and devices may be placed in
the vision clearance area.
3.104 Access
3.104.01
General Access Provisions
This section consolidates and clarifies portions of WZO Chapters 8 and 10; incorporates the
standards in WAMO and the WTSP. The WOO adds an access permit requirement and Traffic
Impact Analysis (TIA) guidelines. An access permit is required whenever there is new development
or a change of land use where vehicular access is to a City street. The Public Works Director may
require a TIA when a development proposal may generate either 100 or more additional peak hour
trips or 1,000 or more daily trips within 10 years of the date of the development application. This
section resolves inconsistencies in the various documents (WZO, WAMO, and WTSP). This section
-31-
also clarifies jurisdiction regarding regulation of State highways consistent with the WTSP.
3.104.02
location Guidelines for Driveways Measurements and Dimensions
The WOO adds to the standards of the WZO and WAMO and incorporates the recommendations of
the WTSP. This section contains clear and objective standards concerning driveways crossing a
setback; driveway spacing; driveway width; and drive-through dimensions and configuration. New
provisions in the WOO are minimum requirements for driveway design for drive-through windows
concerning: lane width, length, radii and by-pass lanes.
3.104.03
Driveway Access Guidelines. Tyoe II and III aoolications
This section contains guidelines for numbers of driveways, joint/shared access, access connection
guidelines, and driveway spacing.
3.104.04
Driveway Access Standards. Tyoe I Aoolications
This section contains clear and objective standards concerning the number and location of
driveways and driveway spacing.
3.104.05
Driveway Dimensions and Imorovements Standards. TYDe I. II and III ADolications
This section differentiates the requirements for private access from those of public streets.
Standards have been modified to reflect the dimensions necessary to provide adequate property
access and to conform with the Uniform fire code.
3.:.1.Q.5. Off-street Parkina and loadina
3.105.01
Aoolicabilitv
The WZO provisions on the scope of parking and loading requirements has minor revisions in the
WOO.
3.105.02
General Provisions for On-Site Parkin a and loadina
Some modifications have been made to the mechanics and standards regarding on-site parking and
loading. These include:
1 . Double striping of on-site parking spaces to prove a grater margin of
maneuverability .
2. An expanded list of parking ratios. Some parking ratios have been increased based
on community experience (single family residential, medium density residential and
doctors' offices); some ratios remain the same (retail sales); and some have
decreased (manufacturing).
3. Up to 20 percent of the required parking may be satisfied with compact car spaces.
4. Shared parking is permitted through an adjustment process
5. Both minimum and maximum parking ratios have been established (the maximum
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parking area cannot be more than twice as large as the minimum required area).
6. There is an allowance for meeting parking needs off-site in certain circumstances.
7. Requirements for on-site bicycle parking are included to implement the WTSP.
8. The WOO contains new provisions for joint use parking to implement the WTSP.
Table 3.1.2 revises and updates the WZO parking ratios. It adds more use categories to reflect
changes in parking demand. Table 3.1.3 of the WOO makes minor revisions to WZO loading space
standards for smaller uses. Table 3.1.4 of the WOO revised the geometric layout standards for
parking, including compact spaces. The layout standards are illustrated in Section 6.102. The
requirement for on-site loading spaces for small commercial and industrial uses has been reduced.
~ Landscaolna Standards
3.106.01
Aoolicabilitv
The WZO contains landscaping standards that are found in each zoning district's development
standards. It also contains some landscaping (screening) standards in the off street parking and
loading chapter. Besides the WOO document, the city has adopted .Landscaping Policies and
Standards. by resolution. The WOO has consolidated these disparately located landscaping
standards into a single chapter and revised them, primarily drawing on the Landscaping Policies and
Standards.
The WOO policies supplement or replace the landscaping policies in the WZO document and apply
to all development except single family and duplex dwellings and structures accessory to single
family and duplex dwellings. The standards apply when new structures and related parking are
proposed and when redevelopment increases the total area covered by structure and parking by 50
percent or more.
3.106.02
General Reauirements
This section adds provisions regarding plan requirements, irrigation, plant materials, installation and
maintenance.
3.106.03
Landscaoina Standards
The WOO, like the WZO, requires that landscaping achieve 80% coverage within 3 years, be
irrigated and maintained. The WOO adds a requirement that a curb exist between landscaping and
parking or access ways. The standards on location and amount of landscaping have been changed
concerning street-scape; buffer yards; off-street parking areas; common areas and yards. Generally
the WOO provides more flexibility in landscape design and requires more landscaping than the WZO.
Street Trees. The WZO as modified by the Landscaping Policies and Standards, contained both
standards for the total amount of landscaping, street trees and parking lot trees. The WOO modifies
the street tree requirement for the DOC zone.
Front Yards and Yards Abuttina a Street. The landscaping standards in the WZO were based on
requirements to landscape a certain width of frontage or required yard area coupled with a required
percent of the total development site that needed to be landscaped. The WOO requires a specified
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density of planting within the required yards.
Parkina Lot Landscaoina. The WOO contains specific requirements for parking lot landscaping. It
calls for a certain number of small, medium or large trees per stall, but it does not specify how
those trees need to be distributed on the site.
Bufferina between Different Uses. The WZO contained buffer strip standards to provide protection
between uses in different zoning categories containing landscaping or fences or walls to achieve
year-round visual screen. The WOO requires the entire yard to be landscaped at a specified plant
density .
3.106.04
Conservation of Sianificant Trees
New provisions have been included in the WOO to conserve existing large trees in site development,
or replace those removed at a higher ratio with nursery stock trees. One significant tree per year
for non-residential lots, and two on residential lots, may be removed per year without a permit and
replacement requirements.
3.106.05
P1antina Standards
The WZO design review guidelines for appropriate types of landscape trees is included in the WOO
section 6.103. The WOO has a new provision, in table 3.1.5, which defines how plant materials
are to be measured. The ratio of different types of plant materials to comply with landscaping
standards is specified.
3..1.QZ Architectural Desion Guidelines and Standards
A new provision in the WOO, not contained in the WZO, concerns architectural review which
applies to all new development except dwellings in manufactured dwelling parks larger than three
acres. There are different standards for different uses and zones. The various groups of standards
follow:
1 . Manufactured dwellings in parks less than 3 acres - Design review is limited to roofs
and siding.
2. New single family (including manufactured dwellings) and duplex dwellings on
individual lots - Design review addresses, roofs, siding, a garage is required, main
entry, windows on street facing facades, architectural details, and eaves.
3. Single family and duplex dwellings in the Neighborhood Conservation Overlay district
(NCOD)
4. Multiple family, nursing care or assisted care residential buildings
5. Non-residential structures in all zones but the DOC zone -
6. All development in the DOC zone (incorporated from WZO)
7. All buildings in the IP and IL zones
In the zones that provide for the city's wneeded housing, W all residential zones, the applicant is
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provided a choice. One choice is to follow clear and objective standards. The other is to follow
discretionary guidelines. This choice is provided to comply with state law requirements that needed
housing can be developed as an outright permitted use with only clear and objective criteria. State
law allows an alternate discretionary approval process if there is a clear and objective process
available.
The City currently has design guidelines for the downtown core area. These guidelines have been
reformatted and incorporated into the WOO.
ll.Q8 Partition and Subdivision Standards
The existing Woodburn Subdivision Ordinance, regulating the partition and subdivision of land has
been incorporated into the WOO. This section of the code merely ties the standards to the
procedures by referencing all other applicable sections of the WOO. A land division needs to be
consistent with the standards in the applicable zone that are contained in chapter 2, with the
applicable development standards in chapter 3 and satisfy the application requirements in Sections 5
and 6.
3.109 Planned Unit Development Standards
3.109.01
Types of PUD'.
Planned unit developments (PUD's) are essentially subdivisions with predetermined .variances. to
specified use and dimensional standards that allow a degree of design flexibility. The design
process is managed with specified criteria and public review procedures. The development
standards for PUO's were more conceptual in the WZO. The WOO changes the standards to
provide less discretion to provide more uniform results.
The WOO establishes two types of PUO applications varying on uses in the PUO. One that is
applicable to single family residential zones for developments that are intended to be single family
residential in character. The other allows for .mixed use. consistent with the basic requirements of
the underlying residential, commercial, and/or industrial zoning.
NOTE: There is a scrivener error in the Draft WOO. All lot sizes are intended to reflect the
standards of TABLES 2.1.1; and 2.1.5 EXCEPT that the minimum single family residential lot may
be reduced to 5,500 square feet, and a duplex lot to 8,000 square feet when there is compensating
common open space.
The WOO requires that the minimum site size of a PUD contain at least 5 acres. In single family
zones (RS and R1 5) common areas are required if the density is greater than 4 dwellings per acre.
If no common space is provided the minimum lot size must be 6,000 square feet. The minimum lot
size can be reduced to 5,500 square feet if common space is provided. The minimum duplex lot
sizes is 10,000 square feet, but may be reduced to 8,000 square feet when there is common open
space. In the RM. CO, or CG zones, the maximum residential density per net acre is 16 units for
multiple family developments, 32 units for nursing care and assisted care developments, and 1 2
units for a manufactured dwelling park.
If common areas are provided a property owners association and CC&R's for maintenance are
required. If the CC&R's address all the City design review requirements they may be approved
supercede City architectural design review requirements. If the CC&R's are so approved the single
family and duplex architectural requirements in section 5.101.01 do not apply within the PUO.
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The section contains minimum standards for common areas if they are provided. These regulate the
minimum size of a common area and the total amount of common area required based on total acres
within the PUD. The standards also regulate the type of common space - natural areas, activity
areas and landscaped areas.
PUD's are processed in three stages. The first stage is preliminary plan approval, subject to the
procedures in section 5.103.07. The second stage is final design plan approval, subject to the
procedures in section 5.103.06. The third stage is final PUD approval, subject to the procedures in
section 5.101.06. If the PUD site is to be divided into lots, concurrent preliminary and final
subdivision applications are required.
3.109.02
Rexible Standards
The flexible standards of the PUD provisions specify the performance benchmarks that must be met
instead of strict adherence to use and housing type standards, geometric lot standards and to allow
for common ownership and maintenance of property.
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4.1 ADMINISTRATION AND PROCEDURES
4.101 Decision Making Procedures
Generally, this section elaborates on current practices of the City, by making the requirements
explicit and available before any development application. Consequently, the provisions are
intended to set out consistent procedures, consistent with state law, and improve the quality of
urban development within the City.
Several the provisions in this section are set out in the state statutes. The intent of the WOO is to
bring the state requirements together with the local procedures necessary to implement the statutes
in one, convenient, integrated set of development regulations. This integration puts all procedural
requirements in the WOO for ease of use by the public and staff. This integration will require
amendments to the WOO by the City as changes are made at the state level.
4.101.01
Puroose.
This section describes basic standards, and interrelationships.
4.101.02
Consolidated Aoolications
This section clarifies, that under state statutes, more than one land development request for the
same project can be processed under a consolidated process. Different wtypesw of application
requests in a consolidated review process are all reviewed following the procedures applicable to
the most rigorous or intensive action requested.
4.101.03
4.101.04
City Council Mav Initiate Procedures
Pre-Aoolication Conference
This section describes the procedure for a developer to get an informal preview of City requirements
for a development concept or idea, before investing in a formal application.
4.101.05
Aoolication and Aooeal Fees
This section establishes that fees for land use applications are Wjurisdictional, W that is an application
is not a complete application with payment of the fee. Fees are set and revised from time to time
by Council resolution.
4.101.06
Tvoes of Decisions. Tvoe I. II. III. IV and V
This section of the WOO categorizes all land use applications by the -type- of review process that
applies. This categorization by Types of decisions is not contained in the WZO.
Type I decisions are -ministerial- decisions which do not require discretion. Pursuant to ORS 197,
they are not -land use decisions. W Consequently Type I decisions are made administratively and are
not subject to local or LUBA appeals.
Type II, III and IV decisions are wquasi-judicial- -land use decisions. - They vary in how much'
discretion is required. In general, ORS 197.763 requires all quasi-judicial land use decisions to be
decided after a public hearing. ORS 227.175(10) allows a city to make a decision on a -permit-
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without a public hearing. A. permit. is a land use decision that concerns proposed development of
land subject to discretionary approval standards. Thus, for all permit applications, the City must
either hold a public hearing or provide notice and an opportunity for a hearing through a local
appeal.
Under the WOO, Type II decisions are .administrative. decisions that require limited discretion. The
statutes contain two authorizations for administrative procedures. One is contained in ORS
197.195, related to .Iimited land use decisions.. The other is contained in ORS 227.175(10).
Under the statutory limited land use procedures, an administrative decision is made after public
notice is given and a 14 day comment period. Under the ORS 227.175(10) administrative
procedure, an administrative decision is made first, followed by public notice and an opportunity to
a public hearing. Both procedures are optional. Woodburn has chosen to follow the procedures in
ORS 227. 175( 1 0) and not those is ORS 197.195. The Type II procedures incorporate the
requirements in ORS 227.175(10).
Under the WOO, permit decisions that require more discretion than required for Type II decisions,
but less than required for Type IV decisions are classified as Type III. Those permit decisions
require the greatest amount of discretion are classified as Type IV decisions. Type III decisions
have a public hearing by the Planning Commission, which makes the final decision which is subject
to appeal to the City Council. Type IV decisions have a public hearing by the Planning Commission,
which makes a recommendation, and by the City Council, which makes the final decision.
Under the WOO legislative decisions, which are land use decisions that are not Quasi-judicial under
state law, are classified as Type V. Type V decisions have a public hearing by the Planning
Commission, which makes a recommendation, and by the City Council, which makes the final
decision.
4.101.07
Comolete Aoolication Reauirements. TVDe I. II. III and IV
Applications for land use actions may be initiated by property owners or the City. The burden to
demonstrate compliance with applicable standards and criteria is placed on the applicant. The
Community Development Director may not deem an application complete until the applicant submits
information addressing all applicable criteria. Necessary application information is listed in this
section and referenced sections of the WOO.
4.101.08
ComDleteness Review and 120-Dav Rule. Tvoe I. II. III and IV
This section complies with statutory requirements. Statutory terminology is used and is intended to
mean the same thing as the ORS 227.178.
The 120-dav Provision. The 120-day rule Identifies the period within which the City is required to
make a final decision on a land use decision. The 120-day rule applies only to .permits. within the
meaning of the ORS 227 or zone changes. It does not apply to ministerial actions, comprehensive
plan text and map amendments, and annexations, which are not .permits.. The 120-day period
runs from the completeness date of the application. The Community Development Director is
required to notify applicants that submit incomplete applications that their application is incomplete
and identify what information is missing within 30 days of the filing date.
Refusal to comolete. Where an applicant .refuses. to complete the application after receiving notice
of incompleteness, the law .deems. an application complete on the 31M day after filing. A refusal
can be either an explicit statement that the applicant thinks he doesn't need to provide the missing
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information or a failure to supply it without any statement. If an applicant explicitly refuses to
submit the missing information the application is deemed complete on the 31 at day after the filing
date. The Director's incompleteness letter may include an attached form that requires the applicant
to notify the city whether he or she intends to provide or refuse to provide the material that the
staff says is missing. If the applicant fails to return the form, the City treats it as a refusal and
proceeds with a decision.
The 180-dav Provision. The WOO 180-day period limits the period an applicant has to complete an
incomplete application. It is also a limit on the period of time that an applicant has to preserve his
rights to the standards and criteria that apply to his application. If he completes the application
after 180 days from the date of the first filing any pre-existing standards no longer apply.
An application not completed within 1 80 days cannot be completed and it is deemed void by
operation of the WOO. The only thing the Director needs to determine is whether the application
has been -completed- and if the 180 days have expired. If so, he is authorized by to return the
application without processing it.
4.101.09
Public Notice. TVDe II. III. IV and V
This section sets out the statutory public notice requirements for processing the various types of
applications. For the benefit of surrounding property owners the WOO has expanded the statutory
notice area for certain applications. All mailed notices are to be sent to property owners within 250
feet of an development site. The posted notice and newspaper notice also exceed statutory
requirements (there are none). The required contents of the notices in the WOO comply with state
law. City staff, not the applicant, will handle the implementation of the posted and newspaper
notice to minimize procedural errors and associated time delays. Attendant costs are included in the
application fees.
4.101.10
Assianment of decision Makers. TVDe I. II. III. IV and V
Type I decisions are made by the Community Development Director. There is no local appeal
because these decisions are not statutory -land use decisions.-
Type II decisions are made by the Community Development Director. These are -administrative-
land use decisions where limited discretion is required. The administrative decision is appealable to
the City Council.
Type III decisions are made by the Planning Commission. The Planning Commission's decision is
appealable to the City Council. The City Council may initiate review of the Planning Commission's
decision.
Type IV decisions are initially subject to an initial evidentiary public hearina by the Plannina
Commission which makes a recommendation to the City Council which makes the final decision
after hOlding a public hearing on all applicable standards and criteria.
Type IV decisions are legislative decisions, which can only be initiated by the City Council. The
Planning Commission holds an initial evidentiary public hearing and makes a recommendation to the
City Council which makes the final decision after holding a public hearing on all applicable standards
and criteria.
4.101.11
Ouasi-Judicial Hearina Process. TVDe III and IV and aDDeals of tVDe II
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This section contains provisions that are required in ORS 197.763.
4.101.12
ReGuest Of Continuance and to KeeD the Record ODen: TVDe II and IV and ADDeals
of TVDe II. III and IV
This section contains provisions that are requirements in ORS 197.763(6) relating to continuing the
first evidentiary hearing or leaving the record open. The provisions of ORS 197.763 apply only to
the initial evidentiary hearing, which is held by the Planning Commission or Board of Design Review.
Therefore the City Council is not required to continue the hearing or leave the record upon the
request of a participant when it holds a subsequent evidentiary hearing.
Consistent with Amendments to ORS 197 made by the 2001 legislature, the City Council may not
limit the issues it considers when it holds the first evidentiary hearing, when it calls up a Community
Development Director's decision for review. However, if the City Council calls up a Planning
commission Type III decision for review, it may limit the scope of issues that it will consider at its
hearing.
4.101 .13
Ex-Parte Contact. Personal Observations. Conflicts of Interest and Bias
This section contains provisions to comply with State law.
4.101.14
Obiections to Procedure
Procedural objections must be raised before the City makes its final decision.
4.101.15
Conditions of ADDroval and Notice of Decision. TVDe II. III and IV
This section authorizes all hearings authorities to include conditions in any approval of a land use
decision. These provisions are required to comply with State law. A condition must either relate to
impacts caused by the proposed development or be designed to assure the applicant satisfies
applicable approval standards or criteria. A condition of approval is required to be clear and
objective. If a condition is not clear and objective the final decision is required to provide for an
opportunity for a public hearing on the subject matter of the condition.
If an applicant does not comply with a condition, this section authorizes the City to revoke the
permit, or undertake an enforcement proceeding.
4.101.16
Notice of Decision
This section includes the requirements of ORS 197.763.
4.101.17
Initiation of leGislative ProDosals. TVDe V
This section contains initiation and decision procedures for legislative land use decisions.
4.101.18
leGislative Hearine Process. TVDe V
This section contains hearing procedures for legislative land use decisions.
4.102 Review, Interpretation and Enforcement
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4.102.01
Aooeals. Tvoe " and III
This section contains requirements for appeals contained in ORS 227. 175( 1 OHA) and ORS
227.180. The provisions in 222.175(1 OHa) apply to appeals of decisions made without a hearing
(Type" decisions). The 2001 Legislature amended the statutes to require that the first evidentiary
hearing be a full hearing on all the applicable criteria. An administrative decision may be appealed to
the City Council by a person who is entitled to notice or who is adversely affected or aggrieved.
Type III decisions, made after a hearing, may be appealed to the City Council by a person who
participated in the proceeding or who is adversely affected or aggrieved.
This section authorizes a fee for the costs of appeal and a transcript fee. Payment of the fee is
jurisdictional.
The City Council hearing is the first evidentiary hearing when Type" procedures are appealed or the
Council itself calls a Type" decision up for review. Consequently, the Council has two sets of rules
to apply, depending on whether or not it is conducting the first evidentiary hearing. On
appeal/review of a Type" decision the continuance and open record requirements apply to the
Council proceedings, but not on consideration of Type III and IV decisions.
4.102.02
Call-uo Review bv the City Council. Tvoe " and III
This section, consistent with the WZO, authorizes the City Council on its own motion to call up a
Type" or III decision for review.
4.102.03
Exoiration of Final Aooroval
With some listed exceptions, all permit approvals expire one year after the date of the final decision
unless a building permit has been issued, development activity has commenced, or an extension has
been approved. Tentative partition, subdivision and planned unit development approvals expire after
two years and manufactured dwelling park approvals expire after one year, from the final decision
date, unless a final approval application has been filed or an extension has been approved.
4.102.04
Extension of an Aooroval
The period of time that a permit approval is effective may be extended for a maximum of one year
if an extension application is filed before it expires pursuant to the provisions in section 4.102.03.
The maximum time extension for a manufactured dwelling park approval is six months.
4.102.05
Reapplication Limited
An applicant may not resubmit a new application for the same or similar proposal within one year
after an application is denied or withdrawn.
4.102.06
Transfer of Riahts
Unless a land use action approval limits transferability, all approvals run with the land. The decision
maker is authorized to limit transferability of the approval.
4.102.07
Performance Guarantees
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This section describes the procedures for a developer to guarantee improvements within a specified
time, rather than completing the improvements before final approval. This sets out in the ordinance
the City existing city practices.
4.102.08
Modification of Conditions
The Court of appeals has held that if a city allows a modification of a condition, the modification
request must be treated procedurally the same as an initial application. The WZO does not
specifically authorize modifications of approval conditions, but the City has interpreted the WZO to
allow modification. The WOO specifically authorizes the decision-maker to modify conditions of
approval. The procedures and standards and criteria applicable to a new application of the type of
permit that was the subject of the final decision containing the condition.
4.102.09
Interoretation
This section authorizes the City to interpret ambiguous terms in the WOO either in a final decision or
as a separate request for an interpretation by the City Council in a Type IV procedure. The
Community Development Director is required to keep a log of formal interpretations by the City
Council, which are required to be precedent controlling future decisions.
This section provides criteria for interpreting the location of a boundary line between zoning
districts. Generally, the boundary interpretation will be made by the Community Development
Director. This section authorizes the City Council to interpret zoning boundaries on request by an
applicant in a Type IV procedure.
This section provides principles of interpretation for determining whether a proposed use is
permitted or allowed in an applicable zone. Generally, the use interpretation decision will be made
by the Community Development Director. Where the Community Development Director cannot
readily classify a proposed use, the director or any person may request the City Council make a
formal interpretation in a Type IV procedure.
4.102.10
Revocation of Previouslv ADDroved Permit
This section authorizes the City to initiate the revocation or modification of an approved permit. It
specifies the conditions that need to exist for a revocation or modification to occur. These include
when the applicant does not comply with or violates conditions of the permit approval, the .use or
activities are different from those approved; or a nonconforming use is changed without required
approval. A revocation is processed as a Type IV procedure which provides quasi-judicial
procedures having the greatest amount of process. If the City finds that the use or development
does not comply with the permit approval and that revocation is not warranted it may modify the
permit approval. If the City finds the applicant has substantially violated the permit approval it may
revoke the permit. If a permit is revoked the applicant must terminate the use or development
within 30 days of the date of the final decision on the revocation proceedings or within the time
period provided in the final revocation decision. The time period for terminating the use or
development is stayed pending the outcome of the appeal.
4.102.11
Enforcement
This section authorizes the City Council to authorize the City Attorney to initiate a civil proceeding
to enforce the WOO.
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5. 1 APPLICATION REQUIREMENTS
This section contains additional requirements for various types of applications that relate to the
standards and criteria applicable to the specific application type and to other permits that are
required. Each section contains requirements that the applicant must meet to submit a complete
application. The Type I provisions contain procedures that the staff must satisfy. The Type II, III,
IV and V provisions contain approval criteria applicable to the particular decision classification.
5.101
5.101.01
Type I Application Requirements
Desian Review of Single Family and Duolex Residential Dwellinas
This section provides that architectural design standards of Section 3.1 apply to certain single
family residences and duplexes. It applies to new single family residences and duplexes in the
residential zones and to exterior alterations of existing single family residences and duplexes in the
residential zones unless those structures are subject to architectural design review process required
by a homeowners association with CC & R's equal to or better than the standards in Section 3.1.
5.101.02
5.101.03
5.101.04
5.101.05
5.101.06
Fence and Free Standing Wall Pre-construction Review
Grading Permit
Manufactured Dwelling Park. Final Plan AODroval
Partition. Final Plat Aooroval
Planned Unit Develooment (PUDL Final Pfan ADoroval
This section concerns requirements and procedures applicable to the final PUD approval (the third of
the three stages of PUD approval). At this stage the City assures that all requirements of the
preliminary PUD and final PUD design approval are satisfied. If a concurrent subdivision was
processed with the PUD the requirements of final subdivision approval in section 5.101.09.8 must
be satisfied. If the PUD is not proposed to be subdivided the final plan must conform with the
preliminary PUD and final design PUD approval and requirements of all other approved permits.
5.101.07
ProDertv Line Adiustment: Consolidation of Lots
This section contains approval criteria applicable to a property line adjustment. All parcels created
must conform with the WOO dimensional, setback, coverage and access requirements. Any
existing land use must have been legally established. Buildings and structures abutting the adjusted
property line must comply with State building and fire codes.
5.101.08
SDecial Event Permit for a WOO Soecial Use
This section applies to "Temporary Outdoor Marketing and Special EventsJ' uses (Section
2.203.19). that are a permitted special uses in the CG, DOC, and P zones.
5.101.09
5.101.10
Subdivision. Final Plat Aooroval
Tree Removal Permit
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This section applies to any significant tree that is at least 24" in diameter (measures 12-inches
above ground) as defined in section 3.106.04.
5.101.11
Significant Wetlands Overlay District (SWOD) Permit
This section applies to areas identified as a significant wetland in the City's wetlands inventory.
Within those areas it applies to grading, excavation, fill and vegetation removal activities. The
section provides that the City will rely on findings made by the Division of State Lands (DSL) and
the action taken by DSL. A procedure is provided under which the City may vary the scope of the
DSL action (Section 5.103.11 ,A and B).
5.101.12
5.102
5.102.01
Access Permit to a City Street. EXCLUDING a Maior or Minor Arterial Street.
Type II Application Requirements
This section contains approval criteria applicable only to partitions.
Partition. Preliminarv Aooroval
5.102.02
5.102.03
Design Review for All structures less than 1000 sa. ft.
Zoning Adiustment
This section contains approval criteria applicable only to minor variances which the WOO calls a
"zoning adjustment." The maximum variance from applicable WOO requirements that can be
approved under this procedure is defined. The section includes factors that the Community
Development Director is required to consider and balance. The criteria are non-traditional variance
criteria and are intended to be flexible and interpreted consistent with the WOO and not interpreted
consistent with traditional variance case law.
5.102.04
5.103
5.103.01
Access Permit to a City Maior or Minor Arterial Street
Type III Application Requirements
Conditional Use
This section contains approval criteria applicable only to conditional use applications including
compatibility with surroundino properties. Considerations for determinino compatibility are included.
5.103.02
5.103.03
Design Review for All Structures 1000 sa. ft. or more
Historically or Architecturally Significant Site. Soecific Conditional Use
This section contains approval criteria applicable only to historically or architecturally significant
sites or buildings. These criteria supplement criteria in section 2.204.02. It allows a more intensive
us than permitted outright within the applicable zone to provide an incentive to conserve the site or
building resource. The historically or architecturally significant site specific conditional use must a
listed specific conditional use in the zone (RS or RM) and be compatible with surrounding properties.
Factors that the Planning Commission must consider in determining compatibility are provided.
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5.103.04
5.103.05
Manufactured Dwellino Park. Preliminarv aooroval. Soecific Conditional Use
Phasin~ Pfan. Subdivision. PUD. Manufactured dwellina Park or any other Land Use
~
5.103.06
This section contains approval criteria applicable only to phased developments.
Planned Unit Develooment (PUDI. Desion Plan Final Aooroval
This section contains approval criteria applicable only to final design plan approval for planned unit
developments (the second of the three stages of PUD approval).
5.103.07
Planned Unit Develooment (PUDI. Preliminarv Plan Aooroval
This section contains approval criteria applicable only to preliminary approval for planned unit
developments (the first of the three stages of PUD approval).
5.103.08
Soecial Use as a Conditional Use
Any use that is listed as a special permitted use in a zone but that does not comply with the
applicable standards in section 2.203 may be approved as a conditional use in that zone. This
section contains criteria that are applicable to special uses approved as conditional a conditional use
including a requirement that the use be compatible with surrounding properties. This section
includes considerations for determining compatibility.
5.103.09
This section contains criteria that are applicable only to preliminary subdivision plat approval.
Subdivision Preliminarv Aooroval
5.103.10
5.103.11
Telecommunications Facility. Soecific Conditional Use
Variance
This section authorizes approval of a variance from applicable standards in the WOO that do not
meet the standards and criteria for a zoning adjustment (minor variance). This section contains
factors that the hearing authority must consider and balance. A variance may be approved only to
relieve a hardship relating only to the land or structure. Factors to consider for determining hardship
are listed, but others may be considered. A variance may not be approved if it will be materially
injurious to adjacent properties. Factors to consider in determining material injury are listed, but
other factors may be considered. A variance may be approved if it does not adversely affect
existing physical and natural systems, including traffic, drainage, dramatic land forms or parks. The
variance approved must be the minimum necessary to allow the property owner reasonable
economic use of the property. Finally, the variance may not conflict with the Comprehensive Plan.
The criteria are non-traditional variance criteria and are intended to be flexible and interpreted
consistent with the WOO and not interpreted consistent with traditional variance case law.
5.104
5.104.01
Tyoe IV aoolication Reauirements
Annexation
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T
This section modifies and provides implementation tools for the policies adopted by the City Council
in early 1999. This proposal sets out specific considerations rather than mandatory criteria for
approving annexations. This section has been from the provisions in the WZO to comply with State
law.
The city must first have jurisdiction over property before it can apply its zoning designations and
grant permits based on those city zoning designations. A plan amendment and zone change are
authorized by state law to be done before or concurrent with annexation. State law does not
authorize permits to be conditionally approved concurrent with annexation. Permits can only be
approved after the annexation is effective.
ORS 215. 130(2)(a) authorizes a City to take action to enact zoning for lands outside the city limits
in advance of the time property is annexed. The authority provided by ORS 215.130(2) is limited to
comprehensive plans and ordinances designed to carry out a comprehensive plan. It does not allow
cities to grant contingent permits for property to be annexed in the future. The City must annex an
unincorporated area before it has jurisdiction to grant land use permits for such unincorporated
areas. Recht v City of Newport, 26 Or LUBA 316 (1993).
The WOO is consistent with these statutory provisions.
There are three ways an annexation can be initiated by property owners. The general principle is
established in ORS 222.111. There it says that an annexation can be initiated by "owners of real
property in the territory to be annexed." There is no requirement that there be any particular
proportion of owners petitioning the city for the annexation. The section goes on to provide that if
approved by the city council there must be two votes, one in the city and one in the territory to be
annexed. Both must be approved for the annexation to become effective.
ORS 222.120 provides an exception to the election within the city. The election need not be held if
the city holds a hearing. ORS 222.170(2) provides an exception for the requirement for a hearing in
the territory to be annexed. If the petition to annex is signed by the owners of a majority of the
land area and a majority of the registered voters in the territory to be annexed, there need not be an
election within the territory to be annexed. This is the so-called "double majority" annexation.
There is a provision that avoids both elections and also the public hearing if the petition is signed by
100 percent of the owners and 50 percent of the electors. ORS 222.125. This is the so-called
"100% property owner" annexation. Although it says that the hearing within the city is not
required, a hearing is required under ORS 197.763 for all quasi-judicial land use decisions.
Annexations are land use decisions under ORS 197.175.
The WOO has been drafted to comply with the statutory procedures.
Most annexations would be quasi-judicial land use decisions because criteria in the comprehensive
plan are applied and a small number of owners is affected, most often one. The fact that an
annexation is initiated by the City Council does not affect whether the decision is quasi-judicial.
Neither does the fact that the area to be annexed is an island.
5.104.02
ComDrehensive Pfan MaD Chan~e. Owner Initiated
5.104.03
Formal InterDretation of the WOO
5.104.04
Zonin~ MaD Chance. Owner Initiated
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, NOVEMBER 26,2001.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding.
0018 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Jennings
Bjelland
Chadwick
Figley
McCallum
Nichols
Sifuentez
Present
Present
Present
Absent
Present
Absent
Present
Staff Present: City Administrator Brown, City Attorney Shields, Community
Development Director Mulder, Police Chief Null, Finance Director Gillespie, Public
Works Manager Rohman, Park & Recreation Director Westrick, City Recorder Tennant
Mayor Jennings stated that, at the last meeting, Councilors Nichols and Figley had
informed the Council that they would not be in attendance at this meeting.
0050 ANNOUNCEMENTS.
A) Downtown Christmas Tree Lighting - Warzynski Plaza, December 8, 2001,
beginning at 6:30 p.m..
B) Spanish Story time Program - Woodburn Public Library: This program will be
held every Saturday morning at 11:30 a.m. during the month of December 2001.
C) Children's Craft Activity Program - Woodburn Public Library: This program
will be held every Tuesday night from 6:00 pm to 7:00 pm during the month of December
2001.
D) Dance, Dance, Dance - Winter Recital: The youth dance program particip~ts will
be holding their winter recital on December 8, 2001 from 1 :00 pm to 3:00 pm at the
Woodburn High School Lectorium.
APPOINTMENTS:
E) Planning Commission Position No.2:
Mayor Jennings appointed Larry Grosjacques to the Planning Commission to fill an
unexpired term which will end on December 31, 2004.
F) Recreation and Park Board Position IV:
Mayor Jennings appointed Rosetta Wangerin to the Recreation and Park Board to fill an
unexpired term ending December 31, 2003.
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SIFUENTEZlBJELLAND.... approve the appointments of Larry Grosjacques and
Rosetta Wangerin. The motion passed unanimously.
0142 CHAMBER OF COMMERCE REPORT.
Cindy Vetter, representing the Chamber Board, informed the Council of the upcoming
Chamber activities:
1) Festival of Lights is co-sponsored with the Woodburn Kiwanis and residents are
encouraged to submit applications by December 12th since the judging will be held on
December 13 th.
2) Business After Hours will be held on December 13th at the Woodburn Company Stores
from 4:30 pm to 6:00 pm.
She also stated that there will be no Chamber Forum held in December. Additionally,
applications for Distinguished Service awards will be available next week and citizens are
encouraged to nominate individuals for various awards.
0291 WOODBURN DOWNTOWN ASSOCIATION REPORT.
Bruce Thomas, WDA Board member, stated that holiday lights will be put up in
Warzynski Plaza. He also stated that on November 11th, he and Jerry Wheeler attended
an Oregon Downtown Association meeting at McMinnville and they were able to obtain a
lot of information from other cities on how to improve downtown areas. It is anticipated
that the WDA Board will be utilizing some of the tactics used by other Downtown
Associations to evaluate Woodburn's downtown area.
0367 Mayor Jennings thanked Bob Engle and Benny Miller for donating the Christmas trees
that are on display at Warsynski Plaza and in City Hall.
0412 Bob Day, 1032 Stanfield Rd., stated that he was a Senior Estates Golf and Country Club
Board member and, on behalf of the Board, requested that the Council change the name
of the portion of Vanderbeck Lane lying east of Senior Estates. He stated that Senior
Estates residents had objected to Vanderbeck Lane being a through street from Boones
Ferry Road into their community when development proposals were being discussed a
few years ago. As a result, the Council authorized that a barrier be installed between the
two areas. With the new homes being built along Vanderbeck Lane within the new
subdivisions, the Board is concerned about emergency vehicle response time since the
maps do not show the street barrier. They are also concerned about potential connectivity
of the street as long as it continues to have the same street name and reiterated that the
Board continues to object to any connectivity of the street to Boones Ferry Road.
Therefore, the Board is requesting that the new portion of Vanderbeck Lane be renamed
before more homes are constructed in the area lying east of Senior Estates. He stated that
there are 3 homeowners within the new subdivisions which have a Vanderbeck Lane
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address and they have indicated that they do not object to a change in the street name.
Mayor Jennings stated that staffwill be contacting him regarding this issue.
Administrator Brown stated that the City has an ordinance relating to the naming and
renaming of city streets and he will be contacting Mr. Day to follow-up on this issue.
0780 CONSENT AGENDA.
A) Approval of Council minutes of November 13,2001;
B) Acceptance of Planning Commission minutes of October 25,2001;
C) Acceptance of Library Board minutes of November 14,2001;
D) Woodburn Public Library monthly report for September 2001;
E) Staff report on Woodburn Public Library's receipt of Merit Award from the Marion
County Historical Society;
F) Acceptance of Livability Task Force minutes of September 18,2001;
G) Acceptance of Human Rights Commission minutes of November 1,2001;
H) Staff report concerning Michael Culver v. City of Woodburn: and
I) Staffreport concerning Bank of New York v. Scheratski and City of Woodburn.
SIFUENTEZlMCCALLUM... approve the consent agenda as presented. The motion
passed unanimously.
0822 COUNCIL BILL 2359 - ORDINANCE VACATING A PORTION OF AN
EXISTING SANITARY SEWER EASEMENT AND TWO UTILITY
EASEMENTS (W. Hayes Street).
Council Bill 2359 was introduced by Councilor Chadwick. The two readings of the bill
were read by title only since there were no objections from the Council. On roll call vote
for fmal passage, the bill passed unanimously. Mayor Jennings declared Council Bill
2359 duly passed with the emergency clause.
0924 COUNCIL BILL 2360 - ORDINANCE AMENDING ORDINANCE NO. 2299 TO
ENABLE THE TRANSFER AND ASSIGNMENT OF A CABLE TELEVISION
FRANcmSE FROM NORTH WILLAMETTE TELECOM. INC. Q>IRECT LINK)
TO WILLAMETTE BROADBAND. LLC.
Councilor Chadwick introduced Council Bill 2360. Recorder Tennant read the two
readings of the bill by title only since there were no objections frgm the Council.
On roll call vote for fInal passage, the bill passed unanimously. Mayor Jennings declared
Council Bill 2360 duly passed with the emergency clause.
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1000 COUNCIL BILL 2361 - RESOLUTION AUTHORIZING EXECUTION AND
ENDORSEMENT OF AN AMENDMENT TO THE LEAGUE OF OREGON
CITIES AGREEMENT REGARDING THE LEAGUE STATUS AS A UNIT OF
LOCAL GOVERNMENT.
Council Bill 2361 was introduced by Councilor Chadwick. The bill was read by title only
since there were no objections from the Council. On roll call vote for final passage,
Council Bill 2361 passed unanimously. Mayor Jennings declared the bill duly passed.
1056 REOUEST FOR SOUND AMPLIFICATION PERMIT: Downtown Christmas
Li~htin~ Pro~ram.
A request for utilization of sound amplification equipment was submitted in conjunction
with the Downtown Christmas Tree Lighting Ceremony scheduled for December 8, 2001
between 6:30 pm and 8:30 pm in Warzynski Plaza.
BJELLAND/SIFUENTEZ.... approve the sound amplification permit for the Woodburn
Downtown Christmas Lighting Ceremony on Saturday, December 8, 2001, from 6:30 to
8:30 pm.. The motion passed unanimously.
1106 PUBLIC HEARING: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
APPLICATION.
Mayor Jennings declared the public hearing open at 7:19 p.m..
City Administrator Brown stated that Community Development Block Grants are
available to non-metr.opolitan cities and counties in Oregon and, if a non-profit
organization wishes to receive grant funding, they must file a joint application with the
local government. Under CDBG funding guidelines, a local government is limited to 3
open CDBG grants. Currently, the City does not have any CDBG grants open and, based
on the community benefit that would be derived from the proposed education center
project, the staff has jointly prepared an application with the Farmworker Housing
Development Corporation (FHDC) for funding assistance. The proposed project would
provide fmancial assistance to FHDC for the construction of a 9,000 sq. foot Education
Center (to be known as the Cipriano Ferrel Education Center) to be located on the
grounds of the Nuevo Amanecer housing complex, 1274 N. Fifth Street. If the grant is
received, it will be administered by the Mid- Willamette Valley Council of Governments
who provides this service to other cities in our area and is familiar with CDBG grant
requirements.
Mayor Jennings entered into the record a letter received from David Christoff, 671
Ironwood Terrace, in support of the City's sponsoring the application for construction
funds.
The Mayor also stated that he is a member of the fundraising committee for this education
center and he encouraged the Council to fully endorse this project since it will be a great
benefit to the youth and adults within our community.
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Councilor Bjelland questioned if there was a deadline in submitting applications for grant
funds.
Administrator Brown stated that it was his understanding that it is a first come/fIrst serve
basis and the staff would like to submit the application early for consideration by the
Oregon Economic & Community Development Department..
1615 Roberto Franco, Farmworker Housing Development Corp. Director, stated that the Nuevo
Amanecer project consisted of3 phases of which Phase I and IT were housing units that.
have already been constructed. The proposed multi-purpose educational facility is Phase
ill of the overall project. Since the project started in the early 1990's, there have been
many changes in growth and diverse ethnic groups that live within the community. There
have been many issues that have been brought forth for the need of this project and it all
focuses on education either for the youth or adults. The proposed facility would house
various programs currently being provided at the complex plus it will add programs that
could be partnered with other local agencies. It will include 2 classrooms for a Head Start
program, a classroom for child care, a commercial kitchen which will also be used as a
training site for individuals in the food industry, a large meeting space that can be divided
into 2 classrooms, and a computer center which will house up to 15 computer stations.
He stated that this center will provide a service to the community outside of Nuevo
Amanecer in that the facility will be available to Head Start program as an additional site,
Chemeketa would be able to use the facility for computer and language classes, provide
classroom space for U.S. citizenship classes, home ownership and counseling
opportunities for families, and an after school tutoring and mentoring program for
children which is provided by high schools. The facility currently being used for several
of the programs listed above is only 700 sq. feet and there is a definite need to expand the
space to offer more programs that would benefit the community. The facility has been
designed to integrate into the community. In regards to financial support, they have
received funding support from the Lake Oswego Rotary Club, Spirit Mountain
Community Fund Confederated Tribes of the Grande Rhonde, the Paul Allen Foundation,
the Oregon Community Foundation, and from 4 different religious organizations.
Locally, they are attempting to raise $50,000 from individuals and businesses and, to
date, have raised over $22,000. Other supporters include the Woodburn United
Methodist Church, French Prairie Kiwanis, the Woodburn Cham!>er of Commerce, a
group of realtors, the Woodburn School District, and former Governor Barbara Roberts.
Councilor McCallum stated that he has heard Mr. Franco's presentation in the past and he
feels that it is a great vision that is now coming forth. He questioned FHDC's intent on
opening the facility for use community wide.
Mr. Franco stated that the residents ofNeuvo Amanecer would first be served by the
various programs then openings would then be filled by other interested persons. They
anticipate having the facility open to the general public for visual arts along with music
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and dancing performances. The project design also includes an outdoor plaza so that
swnmer activities can be used by the community. Space rental will generate some
income for meeting operational costs.
Councilor Bjelland questioned if a time line has been established for achieving project
funding and then the amount of time required to complete the construction.
Mr. Franco stated that their goal is to start construction in April or May 2002 with an
anticipated completion date of November 2002. To date, there is over $500,000 raised
and committed to this facility and, if this grant is approved, it will put them a lot closer to
their financial goal. They have been working with 3 other foundations and they seem to
be very promising in committing some funds.
Councilor Bjelland questioned if the CDBG grant is awarded, will the grant slot be re-
opened to the City for future projects once this project is completed.
Administrator Brown stated that the slot becomes open for other city projects once the
project close-out documents have filed and approved by the State.
3040 Anthony Veliz, 449 S. Front St., stated that he is a member of the fundraising committee
and he expressed his support for this project. He also feels that the process followed is
very important and should be looked at in future in trying to build a city of unity. From
the start of the discussions on this center, Mr. Franco has emphasized that the center
would be a place for everyone in the community and not just the residents of the housing
complex. Additionally, a cross-section of the community has been brought together to
work on this project which is also a model for the City to use when building projects for
the community. He congratulated Mr. Franco and FHDC for their efforts and to the City
for their support of the project. He reminded the public that contributions are still being
accepted towards the construction of this center.
3213 Larry Klienman, 1790 Landau Dr., stated that he is also a member of the fundraising
committee and he is the Secretaryrrreasurer of PCUN (Northwest Treeplanters and
Farmworkers United). In addition to expressing support on behalf of PC UN, he reiterated
that there are many needs in our community for which no one project will meet all those
needs. This project, in its operation, will build deeper collaborations through which the
learning will be by not only those taking classes but by the program volunteers, and an
opportunity for members of the community to learn and better understand the Latino
community. He stated that financial support has also been obtail!.ed from the Oregon
Association ofNurserys and from PCUN which are two groups that are generally not on
the same lists. He concluded his statements with an excerpt from former Governor
Roberts speech made at the groundbreaking ceremony on October 7,2001.
3536 Albertina Vallejo, 1274 N 5th St #16-F, expressed her support since it will provide
opportunities for her children who range from pre-school to high school ages.
Imelda Rodriguez, 1274 N 5th St. #9-E, also stated that she would like to see the project
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built in that it will provide opportunities for her children, the parents, and all of the
families that live at Nuevo Amanecer.
Laura Isiordia, Social Service Coordinator and Community Organizer for FDHC, stated
that this project is like a dream come true for their organization. The facility will provide
adequate meeting space for the complex, an expanded after school program for children
within the complex, and the ability to organize programs that have not been offered in the
past due to a lack of space.
3835 Mayor Jennings declared the public hearing closed at 7:58 p.m..
Councilor Sifuentez expressed her support for this project and grant application. She
stated that it will benefit not only Nuevo Amanecer but the whole community, and she
hoped that this will be one of many centers in our community as the City grows and
people will work together to build a strong community.
Councilor McCallum concurred with comments from Councilor Sifuentez and also stated
that it is very positive to hear so many people talk about inclusion at the local level.
Councilor Bjelland stated that, in his position with Oregon Housing and Community
Services, he is very aware of the importance of having services associated with housing
when you are trying to move people up a continuum, for example, from homelessness to
inadequate housing to rental housing to home ownership. Services offered at this facility
will provide a more effective means in delivering that continuum of care in services and
housing to the residents of the City. He feels that this is a very worthwhile project and is
in support of the application.
MCCALLUMlSIFUENTEZ.... direct staff to submit, in cooperation with the
Farmworker Housing Development Corporation, a Community Development Block Grant
application. The motion passed unanimously.
4050 PUBLIC HEARING: CABLE TELEVISION FRANCHISE AGREEMENT.
Mayor Jennings declared the public hearing open at 8:03 p.m.
Administrator Brown presented the staff report along with the position of the proponents
for this hearing. In attendance at this hearing were representatives from Direct Link. and
Willamette Broadband who were available for questions and/or comments regarding the
draft agreement. He stated that the City is near the end of a 10-year franchise which was
originally granted to Northland Cable then transferred to North Willamette Telecom
(Direct Link.) in 1998. Over the last year, Direct Link. has been interested in selling their
interests relating to cable television and the Council had given conditional approval of the
transfer to Willamette Broadband in August 2001. The process is, for the most part,
regulated by the Federal Communications Commission (FCC) and the work that has been
done to re-negotiate the franchise is within the parameters of FCC regulations and their
procedural process. The City's Cable TV Consultant, Dr. Stephen Jolin, conducted
community ascertainment sessions to assess the needs of the community. This included
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sessions with the business community, educational agencies, local agencies, and the
public at large. Surveys were sent out with every water bill last May and there were
approximately 800 responses from the public. The results of the ascertainment sessions
clearly indicated a strong interest in public education and government programming
(pEG), broadband cable services, high speed internet services, interactive institutional
services, and some local programming. A technical and engineering review of the
existing system along with a fmancial review to make sure that everything was being
done in accordance with the franchise agreement were completed and it was found that
the system was well-maintained for as old as it is and the financial review showed no
material irregularities.
Following the conditional approval of the transfer to Willamette Broadband in August
2001, negotiations for a new franchise agreement took place with the fmal draft being
presented at this meeting. He stated that this document represents approximately 11
weeks of intense negotiations with the parties meeting several times. In his opinion, the
final draft agreement before the Council is a very good franchise document that meets the
needs that have been assessed from the community and Woodburn Community Access
Television (WCA T) in addition to comments made by the Council on this issue during
their goal setting session. Major provisions of the franchise document are as follows:
10 year non-exclusive franchise effective January 2, 2002;
Franchise fees will be 5% of the grantee's gross revenues, adjusted for bad debt
System upgrade from current 440 Megahertz one-way network to a 550
Megahertz broadband system which will increase the number of video channels
and to provide pay-per-view and other services without a site visit, and permit
delivery of services such as high-speed Internet and Video-on-demand.
Grantee required to provide service to all residences within the current or future
city limits at standard connection charges, however, if there is less than 30
residences per strand mile, there may be a cost sharing formula to those residents
who wish to receive the service.
Grantee will be required to meet all FCC technical standards
Broad categories of programming to be provided include news and information,
sports, general entertainment including movies music and comedy, arts, culture,
performing arts, children and family programming, science and documentary
programming, weather information, governmental and educational programming,
foreign language, and ethnic programming.
Support for public access (pEG) by providing up to 4 channels for PEG access
and increasing PEG financial support, space requirements, and equipment
upgrades
Construct an institutional network (I-Net) with costs to be paid for by users over a
2 year period and, if not paid in full by the users, balance credited against
franchise fees. Examples of I-Net uses are transmission of GIS data between City
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departments; linking libraries and provide public access to remote library data
bases; transmitting live and stored instructional materials to schools; video
conferencing; provide for remote permitting, remote arraignment, and voice traffic
from the city to other agencies; and provide kiosks for public access to
governmental information.
City reserves right to regulate rates to the extent permitted by federal law
Due process for correcting deficiencies in franchise compliance and liquidated
damages are specified for a variety of violations
Establishment of customer service standards which are as strict as FCC standards
He stated that the agreement also provides for a performance bond; construction bond;
security bond; indemnification clause; reservation of City rights which include future
purchase of cable system under certain circumstances, eminent domain, franchise fee
review and audits, and to require removal of grantees property public rights of way;
protection of individual rights; process and procedures for revocation of the agreement;
grantee record retention and reporting requirements; and other miscellaneous
housekeeping provisions. He stated that the final draft agreement meet does meet the
approval of all parties and the portion of the agreement relating to PEG support meets the
approval ofWCAT. If the agreement meets the approval of the Council, the next action
to be taken would be an ordinance to approve the renewal of a franchise agreement.
Councilor Bjelland questioned if consideration was given to adjusting the franchise fees
based on the cost of living index versus a fixed amount annually over the next 10 years.
Administrator Brown stated that it is proposed that the fee would be fixed and any
increase in fees would be generated based on the number of subscribers. It was noted that
the franchisee would be making an initial $40,000 payment to upgrade studio equipment
whereas WCAT had proposed an initial payment of $25,000 and the balance to be paid at
the beginning of the sixth year. By putting the two payments into one, WCAT will be
able to invest some of the money in advance which will help offset some future costs.
Currently, WCAT receives 12 lf2 % of the franchise fees for operational support and he
will proposing that the percentage be increased with the proviso that the additional
support be dedicated to additional staffing that will allow for community programming.
Councilor McCallum questioned if the bad debt amount has been a significant problem
over the last 10 years.
Tape 2
Pete Luscombe, Willamette Broadband, stated that, in general, the bad debt is I % to
I lf2 % of total revenue.
Councilor Bjelland requested clarification of a hybrid fiber/coaxial network.
Mr. Luscombe stated that, initially, the source will probably be the Woodburn head-in
and it will be transported into the Woodburn neighborhoods by fiber optic cables then
breakoff to the coaxial system which will feed 400 to 600 homes. For internet service,
the data speed in the neighborhoods will be about 36 megabits per second but the output
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from the cable modems in the home will be about 10 megabits per second. In most cases,
existing lines will be able to handle the upgrades, however, some lines will need to be
replaced which will be done over a period of time. If the franchise agreement is
approved, construction will begin in July 2002 and be completed by January 2004.
Councilor McCallum inquired as to how Willamette Broadband would be addressing the
needs of the community which were identified as part of the ascertainment sessions.
Mr. Luscombe stated that he will need time to assess the system and to consider not only
the surveys the City has done but what they will begin hearing from their customers once
they take over the operation of the system.
378 Dail Adams, WCAT Programming and Outreach Coordinator, stated that WCAT is
pleased with the results of the negotiations since it will provide for a control room and
provide additional studio space.
Bruce Thomas, WCA T Board member, expressed support for the agreement as it relates
to the WCAT provisions. He was encouraged to hear the Council's support for WCAT
and their desire to continue to upgrade equipment and community access programming.
The WCAT Board will be extremely conscientious as to how the money is spent and to
work in concert with the new Cable TV company in purchasing appropriate equipment.
Mayor Jennings questioned the possibility of live broadcasting of the School District
Board meetings.
Mr. Thomas stated that they are currently using a remote camera since meetings are held
at various schools. In his opinion, it would benefit the School District if they met at the
same location each time for live broadcasting and a quality sound and camera system
were installed to provide viewers with a better understanding of policies and actions
taken by the School Board.
Administrator Brown stated that they are also looking into a live transmission feed to the
High School since there is an opportunity for television production and transmission of
community wide events at the High School.
It was noted that there is currently a live transmission fee line from the head-in office to
the District Office located adjacent to French Prairie Middle School.
Mayor Jennings declared the public hearing closed at 8:47 p.rn..
The Mayor complimented all of the parties involved in developing the draft agreement.
Councilor Bjelland encouraged the franchisee to act as quickly as possible on the
construction schedule since there is a serious need for broadband.capability throughout
W oodbum for high speed internet access.
Councilor McCallum agreed with Councilor Bjelland's comments and expressed his
opinion that this is a livability issue in that there is a strong cable system in place but the
upgrade is necessary for our community.
Councilor Sifuentez expressed her hope that the Spanish programs will continue to be
aired by the cable television provider.
MCCALLUMlSIFUENTEZ... direct staff to prepare appropriate legal documents to
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approve renewal of a franchise agreement with North Willamette Telecom, Inc.. The
motion passed unanimously.
1062 PLANNING COMMISSION ACTIONS.
A) Adoption of Final Order approving Site Plan Review 01-01, Variance 01-12, and
Lot Line Adjustment 01-07: Expansion of existing Wal-Mart store
B) Acceptance of Planning Director's approval of Partition #01-03: Request to divide
the Tukwila tennis courts and swimming pool properties in Tukwila Planned Unit
Development south of the OGA clubhouse
C) Acceptance of Planning Director's approval of Partition 01-06: Request to divide
property located at 888 Brown Street into 2 parcels
No action was taken by the Council on these Planning Commission actions.
1090 CITY ADMINISTRATOR'S REPORT.
A) Status report on the Hardcastle Street Railroad Crossing:
Public Works Manager Rohman stated that he is still trying to contact the maintenance
supervisor for Union Pacific Railroad. Since the City has no influence on Union Pacific
and the rail operations, he will be contacting the Rail Division of the Oregon Dept. Of
Transportation who has some influence with Union Pacific to make repairs to crossings.
Councilor McCallum also suggested that staffhave the rails crossing Highway 99E
checked and, if necessary, contact Willamette Valley Rail Co. to make the necessary
improvements.
Public Works Manager Rohman stated that he has been in contact with Willamette Valley
Rail and some temporary repairs had been made. However, he will contact them again to
see what their plans are in making more permanent repairs.
1300 MAYOR AND COUNCIL REPORTS.
Councilor McCallum informed the Council and public that there will be a public forum
sponsored by Woodburn Together on Monday, December 3rd, 7:00 p.m., City Hall
Council Chambers, on the topic of "Dealing with Modern Threats". This forum will be
live on WCA T and participants include the Police Department, Fire District, Marion
County Emergency Management Services, Woodburn School District, Red Cross, Marion
County Public Health, and the Attorney General's office. He encouraged the public to
attend this forum.
Councilor Bjelland stated that City staff had prepared a series of8 alternative funding
proposals which have been submitted to the Oregon Dept. Of Transportation in the event
funds are available through the Oregon Transportation Investment Act. The funding
proposals submitted range from $300,000 to the full cost of the project and, if any funds
do become available, it is hoped that the City will be awarded some of the funds for
improvements to Hwy. 214/1-5.
Page 11 - Council Meeting Minutes, November 26, 2001
SA,
COUNCIL MEETING MINUTES
November 26, 2001
TAPE
READING
Councilor Sifuentez encouraged staff to donate food during the Christmas season to the
AWARE Food Bank.
Mayor Jennings questioned if the Legion Park Drop-In Center had been closed.
Director Westrick stated that the Legion Park Drop-In Center was relocated to
Washington School. At the new location, this program is serving more than double the
number of participants than at Legion Park, however, at the school location, the City is
unable to serve middle school youth at the grade school site. Staff is trying to seek
funding for operation of a teen center that can be used by middle and high school
students after school.
Councilor McCallum stated that the Fire Department will be conducting a community
canned food drive on December 8th between 11 :00 am and 2:00 pm. He also mentioned
to Councilor Sifuentez how much he enjoyed MacLaren's 75th anniversary open house.
Councilor Sifuentez expressed her appreciation to all who attended the open house. The
displays on MacLaren's history will be remain open for viewing until December 17th and
she encouraged interested persons to contact her if they would like to see the displays.
1772 Mayor Jennings stated that the City Attorney has informed him that he has no need for an
executive session at this meeting.
1807 ADJOURNMENT.
BJELLAND/SIFUENTEZ... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:04 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 12 - Council Meeting Minutes, November 26,2001
8B,
WOODBURN PLANNING COMMISSION
November 8, 2001
CONVENED The Planning Commission met in a regular session at 7:00 p.m. with Chairperson Young
presiding.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Young
Cox
Fletcher
Lima
Miller
Mill
Bandelow
Lonergan
P
P
A
P
A
P
A
P
Staff Present:
Jim Mulder, Community Development Director
MINUTES
A. Minutes of October 25. 2001 Plannina Commission Meetina
Commissioner Loneraan moved to accept the minutes as presented. Motion was seconded by Commissioner
Lima. Motion carried.
BUSINESS FROM THE AUDIENCE
Chairperson Youna wished Commissioner Fletcher a speedy recovery.
COMMUNICATIONS
A. City Council Minutes of October 8. 2001
PUBLIC HEARING
None
ITEMS FOR ACTION
A. Final Order for Site Plan Review 01-01. Variance 01-12 and Lot Line Adiustment 01-07. 102.082
square foot expansion ofthe existina Wal-Mart store located at 3002 Stacy Allison Way. Pacific
Land Desian. applicant.
Commissioner Mill moved to approve the Final Order as presented by Staff. Commissioner Lima seconded
the motion, which unanimously carried.
B. Partition 01-03 partition request to separate the Tukwila tennis courts and swimmina pool
located south of the OGA clubhouse. Robert Withers/Dorothy Monnier. applicants.
Motion was made by Vice Chairperson Cox to acknowledge and accept Staffs decision on this matter.
Commissioner Mill seconded the motion. Motion carried.
Commissioner Loneraan commented he did not see anything in the application indicating that the applicants
will accept the condition and will take care of the pool.
Chairperson YounQ interjected he believed it was a condition of approval from the last development of
Tukwila.
Planning Commission Meeting - November 8, 200]
Page 1 of 3
8B
Staff remarked it creates two parcels and it will still be under the ownership of the subdivider. He stated they
could then convey that to someone else. Staff explained the partition can not be conditioned to require that
the pool be maintained. He said that would need to be a condition on the PUD.
Vice Chairperson Cox interjected he thought he believes it is a condition on the PUD but if it is not, it is too
late.
Staff further commented the Homeowner's Association can modify their CC&R's if they do not want to
maintain the pool and plant flowers in there, if they wanted, if there isn't a condition that requires them to
maintain the pool in perpetuity. He closed in saying this does not affect the partition that is before the
Commission.
C. Partition 01-06. partition request to divide subiect site into two parcels located at 888 Brown
St.. Rudy Sonnen. applicant.
Commissioner Mill moved to approve Partition 01-06 as presented by Staff. Commissioner Loneraan
seconded the motion. Motion carried.
Chairperson Youna commented this lot is unusually configured and he believes they will probably be looking
at unusual lot lines when they decide to build something there.
D. Special Meetina on November 29. 2001
Staff remarked typically this time of year there is only one meeting in November and one in December. He
reported this is a case where the applicants hired a land use attorney and their project does not meet code
requirements. Staff indicated he will be recommending denial and wants to make sure there isn't a problem
with the 12O-day rule because they will expect an appeal to the Council. The second meeting in November
is necessary to ensure that everything gets done in time. Staff also indicated it may also be necessary to have
a meeting the first week in December to adopt the Final Order.
Commissioner Mill asked how this case got strung out so long?
Staff responded the applicant had been working with Staff for a while and they received an extension of the
12O-day rule but they decided to stop trying to work with Staff. He stated they are in a position that they have
no choice but to recommend denial because they do not meet all the code requirements and they have not
applied for a Variance.
Chairperson Youna and Commissioner Lima announced they will be gone for those meetings.
Commissioner Mill requested Staff remind the applicants that they are dealing with volunteers and this is a
substantial inconvenience and the Commission would appreciate it if they could extend it.
DISCUSSION ITEMS
Commissioner Lonerqan requested an update regarding the two vacant Planning Commission seats.
Staff stated it has been advertised but the Mayor has not gotten much of a response. He reported one of the
items to be considered in the new development code is reducing the commission from nine to seven
members. He stated this comes out of a desire by the Mayor and other Councilors to keep all of the
Commissions the same size. Furthermore, the mayor has a hard time filling the vacant positions. Staff
indicated the present vacant positions may not be filled right away pending the o~tcome of the development
code.
REPORTS
A. Buildina Activitv for October 2001
Planning Commission Meeting - November 8, 2001
Page 2 of 3
:SB
I
BUSINESS FROM THE COMMISSION
Commissioner Mill stated the Bi-Mart property where it borders along the homes that run along the back side
of Alexandra is again being used as an area for people who are not doing good things to congregate and
gather. He reported there was a recent burglary to one of the homes there and the stolen property was found
stuffed in a shopping cart that had left the Shop-n-Kart premises. Commissioner Mill indicated there is an
ongoing situation that has been going on for about ten years that really needs to be addressed. Additionally,
he indicated he does not know what the long range solution to this problem would be other than everyone in
the area getting together and hiring an attorney to make the point but it would be cost prohibitive and in their
opinion, as a neighborhood, is what the City's role should be.
ADJOURNMENT
Commissioner Mill moved to adjourn the meeting. Commissioner LonerQan seconded the motion. Motion
carried.
)~
APPROVED k: R"
RO~YOU ,CH PERSON
l(/Zih
DATE
ATTEST
Jim
Co
Cit
/1-Z9-of
Date
Planning Commission Meeting - November 8. 200]
Page 3 of 3
8C
Community Center Planning Committee
Minutes: November 29, 2001
1. Call to Order:
Flurry Stone called the meeting to order at 7: 10
2. Roll Call:
Member: Flurry Stone, Joan Garren, Preston Tack, Elida Sifuentez, Butch
Flomer.
Staff and Contractors: Randy Westrick, Jennifer Goodrick, Randy
Saunders
3. Approval of Minutes: November 8, 2001 minutes were approved.
4. Building Program: The Committee is now focusing on a 20,000 sq. ft. building with a
7,500 sq. ft. multipurpose room/activity pavilion. Randy Saunders prepared a cost analysis
estimate for the building (not any land cost), inflated by 30% for soft costs. Soft costs covers
fees, improvements that need to be made to the property, bonding, and other contingencies. The
estimated cost for Phase I only is $3,914,469. The cost analysis for Phase II only is $8,190,000.
Randy W. quickly reviewed the Community Center Site Analysis, highlighting the pros and cons
of each proposed site and what type of building( s) will work where. Some of the non-city owned
site options were discussed. There is a desire among the group to strengthen the "civic center"of
the downtown core, and to locate the community center on the comer of Front and Oaks streets
would do so, as would a downtown performing arts center.
The Committee discussed the feasability study of the K-mart building as a possible site for the
community center. The consensus was that it is not feasible for the many reasons discussed in
previous meetings, in addition to the cost to purchase the building, which would cost in excess of
the budget for the entire project before the first renovation is done. Randy reported about his
meeting with Mary Lippencott from State Parks. She will help us with the outdoor recreation
requirements we have for Settlemier Park, and will also be assisting with the purchase of the Van
Valkenberg property with the Trust for Public Lands.
5. Building Footprints: Randy S. brought in a blueprint of Settlemier Park with the tennis
courts relocated, the community center located on the comer of Front and Oak, and parking.
Randy S .stated that adding 30% soft cost is their standard procedure, but he anticipates that the
Front and Oak location would cost less. Parking options were discussed, including the possibility
of purchasing property for that purpose, and how the City should go abo~t doing that.
6. Future Committee Business: Floor plan options were discussed. The committee gave
Randy several things to consider when creating floor plan options. The list of wants and needs
included things like fitness centers and teen centers as well as ideas for the classroom designs.
Randy will have conceptual floor plans at the December 6 meeting.
City of Woodburn
Police Department
8D
STAFF REPORT
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-2345
Date:
November 30,2001
~1, Chief of Police
Mayor and Council
From:
To:
Thrn:
John Brown, City Administrator
Subject:
Police Department Activities - October 2001
The Consolidated Monthly Report is a monthly analysis of police department calls for service.
This report lists all police department incident investigations for the month, shows year to date
statistics, and comparisons to the previous year. The report is in conformance with Federal
Bureau of Investigations national guidelines for crime classifications and is reported to the State
of Oregon Law Enforcement Data System via the Regional Automated Information Network.
Should you have questions or wish further information, please contact me.
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8E
.
AlP CHECK LISTING FOR THE MONTH OF NOVEMBER 2001
CHECK DEPARTMENT VENDOR NAME VENDOR DATE AMOUNT
NO NO
57645 POST MTR.VARIOUS US POSTAL SERVICE 020089 11/1/01 $1,400.00
57646 VOl D VOID VOl D $0.00
57647 VOID VO I D VOID $0.00
57648 VOl D VOID VOl D $0.00
57649 SUPPLlES.PARKS UNCLE SAMS FLAG NONE 11/2/01 $332.76
57650 REFUND.PLANNING IMMANUEL LUTHERAN NONE 1112/01 $1,150.00
57651 REFUND.BUILDING DAVID CAVANAUGH NONE 11/2/01 $48.15
57652 SERVICES. PARKS ROBBIE NANEZ NONE 11/2/01 $298.00
57653 SERVI CES. PARKS MATILDE RAMIREZ NONE 11/2/01 $301.00
57654 SERVICES.PARKS YOTZI N PELAEZ NONE 11/2/01 $172.00
57655 SERVICES. PARKS FELIX HERNANDEZ NONE 11/2/01 $159.00
57656 SERVI CES. PARKS HECTOR RAMIREZ NONE 11/2/01 $21.00
57657 SERVICES. PARKS JOSE LUIS MENDOZA NONE 11/2/01 $130.00
57658 SERVICES.PARKS LEROY SANCHEZ NONE 11/2/01 $70.50
57659 SERVICES. PARKS PILAR GONZALEZ NONE 11/2/01 $70.00
57660 REFUND. PARKS APOSTOLIC ASSEMBLY NONE 11/2/01 $150.00
57661 SERVICES. PARKS SING CHRISTMAS TREE NONE 11/2/01 $629.00
57662 WITNESS FEE-ATTY MARK ENSIGN NONE 11/2/01 $8.50
57663 WITNESS FEE.ATTY MARIA DE SOTELO NONE 11/2/01 $5.00
57664- SUPPLlES.WTR A&A DRILLING SERV 000010 11/2/01 $2,180.00
57665 SERVI CES. PARKS WILLIAM ADAMS 000047 11/2/01 $3,000.00
57666 SUPPLlES.WATER AG WEST SUPPLY 000096 11/2/01 $30.03
57667 SERVICES. VARIOUS ASSOCADMIN 000562 11/2/01 $110.00
57668 SERVICES.VARIOUS AT&T 000623 11/2/01 $43.57
57669 SUPPLlES.VARlOUS HOUSEHOLD BANK 001199 11/2/01 $659.98
57670 SUPPLlES.STREET BEN.KO.MATIC 001200 11/2/01 $359.71
57671 SUPPLlES.ENG BIMART CORP 001275 11/2/01 $43.07
57672 SUPPLIES-POLICE BLUMENTHAL UNIFORM 001310 11/2/01 $103.95
57673 SERVICES.VARIOUS BOLDT,CARLlSLE,SMITH 001345 11/2/01 $2,210.00
57674 REIMBURSE.ADMIN JOHN BROWN 001490 11/2/01 $14.85
57675 SERVICES.FI NANCE CANBY TELEPHONE 002062 11/2/01 $39.90
57676 SERVICES.POLlCE CASE AUTO 002190 11/2/01 $1,158.15
57677 SUPPLIES.C GARAGE CCP INDUSTRIES 002300 11/2/01 $527.91
57678 SERVICES. SELF INS CIS CITY CTY INS 002488 11/2/01 $23,355.85
57679 REIMBURSE.PLANNING SCOTT CLARK 002563 11/2/01 $129.12
57680 SERVICES.POLlCE COMPAQ FIN SERV 002724 11/2/01 $118.54
57681 SUPPLlES.WTR CONNEY SAFETY PROD 002760 11/2/01 $151.15
57682 SERVICES. PARKS DALLAS GLASS 003031 11/2/01 $110.00
57683 SUPPLI ES.STREET ENVIRO CLEAN EQUIP 004206 11/2/01 $116.73
57684 REIMBURSE. POLICE GREG GOTTSCHALK 006236 11/2/01 $29.08
57685 SERVICES.PARKS GREER BROS 006300 11/2/01 $550.00
57686 REFUND.POllCE HERSHBERGER MTRS 007150 - 11/2/01 $63.00
57687 SUPPLlES.VARIOUS HUBBARD CHEVROLET 007320 11/2/01 $14,797.00
57688 SUPPLlES-WTR INDUSTRIAL SUPPLY 008090 11/2/01 $128.50
57689 SERVICES.WTR IKON OFFICE 008119 11/2/01 $12.05
57690 SUPPLlES.POLlCE LYNN PEAVEY CO 011450 11/2/01 $94.60
57691 SERVICES.COURT MSI GROUP 012015 11/2/01 $125.00
57692 SERVICES.ADMIN PAUUNA MARTINEZ 012243 11/2/01 $440.00
Page 1
T
8E
AlP CHECK LISTING FOR THE MONTH OF NOVEMBER 2001
57693 SUPPLI ES-STREET MASCOTT EQUIPMENT 012248 11/2/01 $832.25
57694 REI MBURSE-MUSEUM KEZIA MERWIN 012440 11/2/01 $651.81
57695 REIMBURSE-BUILD DAN NELSON 013151 11/2/01 $98.81
57696 SERVICES.WWTP NC ANALYTICAL 013216 11/2/01 $65.00
57697 SERVICES-VARIOUS NW NATURAL 013350 11/2/01 $3,894.92
57698 SERVICES. POLICE OACP 014008 11/2/01 $100.00
57699 SERVICES.ENG ONSITE ENVIRON 014055 11/2/01 $232.18
57700 SERVICES.WTR OR DlV OF STATE LANDS 014270 11/2/01 $71.17
57701 SUPPLlES-ATTY OR STATE BAR 014500 11/2/01 $375.00
57702 SERVICES. RECORDER OR STATE POLlCE 014535 11/2/01 $12.00
57703 SERVICES-PARKS PIONEER GLASS 015330 11/2/01 $362.80
57704 SERVICES-VARIOUS PORT GEN ELEC 015420 11/2/01 $19,856.68
57705 SUPPLlES.WWTP PRAXAIR DIST 015480 11/2/01 $14.05
57706 SERVICES-POLICE PRINTRAK INTl 015541 11/2/01 $3,229.00
57707 SERVICES-VARIOUS QWEST 016201 11/2/01 $195.42
57708 SERVICES. VARIOUS QWEST 016202 11/2/01 $1,204.97
57709 REIMBURSE.POLlCE SCOTT RUSSEll 017370 11/2/01 $45.46
57710 REIMBURSE.POllCE STEVEN SLOAN 018540 11/2/01 $154.96
57711 SUPPLlES.PUB WKS STATESMAN 018760 11/2/01 $31.20
57712 REIMBURSE-POLICE BRIAN SUTTER 018879 11/2/01 $25.23
57713 SERVICES-ENG TEK SYSTEMS 019046 11/2/01 $920.00
57714 SUPPlI ES. VARIOUS CORPORATE EXPRESS 019100 11/2/01 $468.48
57715 SUPPLIES.WTR UNITED PIPE 020030 11/2/01 $128.62
57716 SUPPlIES.POUCE VIKING OFFICE 021180 11/2/01 $152.42
57717 SUPPlI ES.PARKS WALLACE VIDEO 022027 11/2/01 $100.00
57718 SUPPLIES. POLICE WllSONVllLE lOCK 022422 11/2/01 $13.50
57719 SUPPUES.C GARAGE WITHERS LUMBER 022445 11/2/01 $122.85
57720 SERVICES-POLICE WBN FLORIST 022600 11/2/01 $54.00
57721 SERVICES.NON DEPT WBN INDEPENDENT 022630 11/2/01 $325.00
57722 SU PPlI ES.MAYOR WOODEN SHOE BULB 022790 11/2/01 $651.00
57723 SUPPlIES.PARKS XEROX CORP 023020 11/2/01 $88.78
57724 SUPPlIES.ADMIN YES GRAPHICS 024025 11/2/01 $14.00
57725 REIMBURSE.DAR DOROTHA BORLAND 045100 11/2/01 $213.59
57726 REIMBURSE.DAR CORN DONNEllY 045230 11/2/01 $133.92
57727 REIMBURSE-OAR LEONARD GIAUQUE 045290 11/2/01 $150.04
Sn28 REIMBURSE.OAR AGNES HAGENAUER 045310 11/2/01 $48.36
57729 REIMBURSE.DAR FRED HAYES 045315 11/2/01 $243.97
57730 REIMBURSE.DAR BEULAH JORDAN 045320 11/2/01 $137.02
57731 REIMBURSE.DAR J WARD O'BRIEN 045497 11/2/01 $75.02
57732 REI MBURSE.DAR GERTRUDE REES 045545 11/2/01 $40.61
57733 REIMBURSE-OAR STEVE STURN 045585 11/2/01 $120.28
57734 REIMBURSE.OAR H VANDERCOVERING 045670 11/2/01 $13.02
57735 PAYROll.VARIOUS OR PERS 014424 1116/01 $98.08
57736 SUPPLIES. POLICE OR DMV 014240 - 11/6/01 $40.00
57737 SERVICES-WATER VAllEY MAl LING 021044 11/8/01 $674.80
57738 VOID VOID VOl D $0.00
57739 VOID VOl D VOID $0.00
57740 VOID VOID VOID $0.00
57741 REFUND. POLICE F MORALES.LUCAS NONE 11/9/01 $127.00
57742 SUPPLlES.STREET MAYS FURNITURE NONE 11/9/01 $47.00
Page 2
T
8E
AlP CHECK LISTING FOR THE MONTH OF NOVEMBER 2001
57743 SUPPLlES.WWTP PACIFIC STAINLESS NONE 11/9/01 $4,131.00
57744 SUPPlIES.ENG ESSCO NONE 11/9/01 $35.00
57745 REFUND.PARKS MARTHA BROWN NONE 11/9/01 $8.00
57746 SUPPlI ES.PARKS MISSOURI TURF NONE 11/9/01 $389.50
57747 SERVICES. PLAN OREGON APA NONE 11/9/01 $75.00
57748 SERVICES.LIBRARY CREATIVE WORKS NONE 11/9/01 $210.00
57749 SUPPlIE5-ENG ME IMAGING 000017 1119/01 $795.39
57750 SERVICES.ENG AEROTEKINC 000080 1119/01 $400.00
57751 SUPPlIES.WWTP ARAMARK UNIFORM 000533 11/9/01 $95.83
57752 SERVICES.WTR ARAMARK UNIFORM 000534 11/9/01 $28.46
57753 SERVICES.VARIOUS ARCH WIRELESS 000535 11/9/01 $233.36
57754 SUPPlIES.ENG AWARDS & ATHLETICS 000580 11/9/01 $13.00
57755 SERVICES.WWTP AT&T 000623 1119/01 $14.52
57756 SERVICES.POllCE 8M CLEANING 001030 11/9/01 $200.00
57757 SUPPLlES.C GARAGE HOUSEHOLD BANK 001199 11/9/01 $34.76
57758 SUPPLlES.L1BRARY BIMART CORP 001275 11/9/01 $123.97
57759 SERVICES-OAR BIO MED TESTING 001280 11/9/01 $43.50
57760 SERVICES-COURT ALVINA BLAINE 001293 11/9/01 $400.00
57761 SUPPlIES.POLlCE BLUMENTHAL UNIFORM 001310 11/9/01 $1.095.65
57762 SERVICES.WWTP BROWN & CALDWELL 001573 11/9/01 $12,259.57
57763 SUPPlIES.BUILDING CASCADE CONSULT 002222 11/9/01 $352.50
57764 SERVICES.SELF INS CIS CITY CTY INS 002488 11/9/01 $9,716.00
57765 SERVICES-POLICE MARGOT COMLEY 002686 11/9/01 $40.00
57766 SERVICES.WWTP CORPINC 002879 11/9/01 $6,084.75
57767 SERVICES.PUB WKS CRANE & MERSETH 002896 11/9/01 $4,332.35
57768 SERVlCES-PUB WKS DAILY JOURNAL 003020 11/9/01 $42.75
57769 SERVICES.ENG DEHAAS & ASSOC 003108 11/9/01 $15,203.47
57770 SERVICES-FINANCE DIRECT LINK 003240 11/9/01 $315.00
57771 SERVICES. FINANCE DP NORTHWEST 003264 11/9/01 $550.00
57772 SERVICES.WWTP DR DAVIS LOCK 003275 11/9/01 $358.00
57773 SUPPlIES.STREET ENVIRO CLEAN EQUIP 004206 11/9/01 $101.17
57774 SERVICES.PUB WKS 4 RIVERS CONST 005002 11/9/01 $17,122.00
57775 SUPPlIES.WTR FAMILlAN NW 005030 11/9/01 $139.95
57776 SERVICES.WTR FCS GROUP 005072 11/9/01 $1,212.50
57777 SUPPLIES-POLICE FOREMOST PROM 005250 11/9/01 $413.00
57778 SERVICES. PUB WKS GELCO CONST 006058 11/9/01 $53,502.61
57779 SUPPlIES-WTR W.W. GRAINGER 006283 11/9/01 $101.15
57780 SERVICES-PARKS GRASS HOPPERS 006286 11/9/01 $210.00
57781 SERVICES.WWTP HACH CHEMICAL 007030 11/9/01 $310.70
57782 SERVICES. PARKS CJ HANSEN CO 007055 11/9/01 $93.75
57783 SERVICES-WWTP HIRE CALLING 007240 11/9/01 $3,710.60
57784 SUPPLlES.WWTP I NDUS CONTROLS 008070 11/9/01 $364.50
57785 SERVICES.WWTP IND MACHINING 008080 11/9/01 $80.00
57786 SUPPlIES.VARIOUS IND WELDING 008100 - 11/9/01 $1,562.26
57787 SUPPLI ES- LI BRARY INGRAM DIST 008116 1119/01 $1,468.64
57788 SERVICES.WWTP IKON OFFICE 008119 11/9/01 $59.23
57789 SUPPLI ES.STREET INSERTA FITTINGS 008135 11/9/01 $87.39
57790 SUPPlIES.PARKS JOHNSTONE SUPPLY 009139 11/9/01 $179.93
57791 SERVICES.PUB WKS MARION CTY CLERK 012087 11/9/01 $21.75
57792 SERVICES. VARIOUS MARION CTY TREASURY 012223 11/9/01 $581.00
Page 3
AlP CHECK USTING FOR THE MONTH OF NOVEMBER 2001 8E
57793 SERVICES. PARKS MARION ENVIRO SERV 012227 11/9/01 $12.20
57794 SUPPLI ES.STREET MAULDING CONST 012305 11/9/01 $260.00
57795 SUPPLI ES.WATER MCMINNVILLE CONC 012400 11/9/01 $151.08
57796 SUPPLlES.VARIOUS METROFUELI NG 012448 11/9/01 $1,860.38
57797 SERVICES.WWTP MOLALLA COMM 012563 11/9/01 $74.85
57798 SERVICES.ENG MULTI TECH ENG SERV 012682 11/9/01 $2,495.55
57799 SUPPLlES.POLlCE NATIONAL BUSINESS 013023 11/9/01 $188.95
57800 SERVICES.WWTP NC ANALYTICAL 013216 11/9/01 $302.50
57801 SERVICES.PUB WKS N SANTIAM PAVING 013220 11/9/01 $112,357.45
57802 SERVICES.ENG NW GEOTECH 013287 11/9/01 $1,044.70
57803 SERVI CES. PARKS NW NATURAL 013350 1119/01 $2,336.38
57804 SERVICES.ENG ONSITE ENVIRON 014055 11/9/01 $407.88
57805 SERVICES. VARIOUS OR DMV 014240 11/9/01 $65.50
57806 SERVICES. PARKS OR REC & PARKS 014431 1119/01 $75.00
57807 SUPPLI ES.STREET PHOENIX ASPHALT 015268 11/9/01 $434.00
57808 SUPPlIES.VARIOUS PLATT ELECTRIC 015340 11/9/01 $427.54
57809 SERVICES.VARIOUS PORT GENERAL ELEC 015420 11/9/01 $35,425.52
57810 SUPPLlES.WWTP PORT PRECISION INST 015447 1119/01 $116.67
57811 SERVICES-VARIOUS QWEST 016202 11/9/01 $1,774.49
57812 SUPPLlES.WWTP RADIO SHACK 017030 1119/01 $47.95
57813 SUPPLlES.WWTP RED WING SHOE 017138 11/9/01 $163.15
57814 SERVICES.POllCE RINGEYS RADAR 017210 11/9/01 $20.00
57815 SERVICES. PARKS RSS ARCHITECTURE 017346 11/9/01 $710.25
57816 SUPPlIES.ST /WTR SAFEWAY STORES 018025 11/9/01 $92.71
57817 SUPPLIES. POLICE SAN DIEGO POLICE 018170 11/9/01 $4,669.00
57818 SUPPLI ES. OAR LES SCHWAB TIRE 018300 11/9/01 $783.41
57819 SERVICES.WNTP SILVA TECH 018469 11/9/01 $1,057.35
57820 REIMBURSE.WWTP FRANK SINCLAIR 018502 11/9/01 $57.50
57821 SERVICES. PLAN SPENCER & KUPPER 018693 11/9/01 $1,150.00
57822 REIMBURSE.lIB LINDA SPRAUER 018710 11/9/01 $36.47
57823 SERVICES.VARIOUS STATESMAN JOURNAL 018760 11/9/01 $594.80
57824 SERVICES.ENG TEK SYTEMS 019046 1119/01 $368.00
57825 SUPPLIES. VARIOUS CORPORATE EXPRESS 019100 11/9/01 $335.53
57826 SUPPLI ES.PO LI CE ULTIMATE OFFICE 020008 11/9/01 $59.95
57827 SUPPLIES-STREET UNOCAL 020010 11/9/01 $825.21
57828 SERVICES-VARIOUS UNITED DISPOSAL 020020 11/9/01 $3,091.80
57829 SERVICES.FI NANCE VP CONSULTING 021260 1119/01 $1,409.50
57830 SUPPLlES.POLlCE WATERSHED 022082 11/9/01 $949.38
57831 SUPPLI ES- TRANS WESTERN BUS 022175 11/9/01 $285.70
57832 SUPPLI ES-WWTP WESTERN POWER 022228 11/9/01 $4,313.96
57833 SUPPLlES.WWTP WITHERS LUMBER 022445 11/9/01 $10.06
57834 DUES.NON DEPT CHAMBER OF COMM 022510 11/9/01 $365.00
57835 SUPPlIES.WATER WBN FERTILIZER 022590 11/9/01 $122.50
57836 SERVICES.VARIOUS WBN INDEPENDENT 022630 - 11/9/01 $386.08
57837 SUPPLIES-LIBRARY YES GRAPHICS 024025 11/9/01 $84.00
57838 REIMBURSE.RSVP BILL FAULHABER 035240 11/9/01 $35.00
57839 REIMBURSE.RSVP DONNA GRAMSE 035260 11/9/01 $31.00
57840 REIMBURSE.RSVP VADA OWENS 035590 11/9/01 $25.00
57841 REIMBURSE. RSVP JUNE WOODCOCK 035648 11/9/01 $31.00
57842 REIMBURSE.RSVP JAY WOODS 035763 11/9/01 $62.00
Page 4
?
AlP CHECK LISTING FOR THE MONTH OF NOVEMBER 2001 8E
57843 TAXES.PUB WKS MARION CT TAX 012218 11/15/01 $2,763.51
57844 SERVICES.WATER VALLEY MAILING 021044 11/15/01 $616.80
57845 VOID VOID VOID $0.00
57846 VOID VOID VOID $0.00
57847 VOID VOID VOID $0.00
57848 REFUND.POLlCE BRIAN P CONRY NONE 11116/01 $53.00
57849 SUPPLlES.PARKS WM SMITH & ASSOC NONE 11/16/01 $166.27
57850 REFUND.WTR/SWR ROLAND CASTERLINE NONE 11116/01 $2.62
57851 REFUND.WTR/SWR THE LUCKEY CO NONE 11/16/01 $23.37
57852 REFUND.WTR/SWR CENTEX HOMES NONE 11/16/01 $10.36
57853 REFUND.WTR/SWR MIKE CONLON NONE 11/16/01 $105.09
57854 REFUND-WTR/SWR MARK EGOOOFF NONE 11/16/01 $4.70
57855 REFUND.WTR/SWR SANDSTRUM HOMES NONE 11/16/01 $38.33
57856 REFUND.WTR/SWR WALTER ZENI NONE 11116/01 $41.32
57857 REFUND.WTRlSWR WEBSTER LLC NONE 11/16/01 $211.48
57858 REFUND.WTR/SWR SUSAN STELLE NONE 11/16/01 $29.31
57859 REFUND-WTR/SWR THE LUCKEY CO NONE 11/16/01 $12.42
57860 SUPPLIES-POLICE COOKE STATIONERY NONE 11116/01 $23.60
57861 SERVICES.ENG WOODWORKING ENTER NONE 11/16/01 $312.00
57862 REFUND.BUILDlNG MAX HALBROOK NONE 11/16/01 $30.00
57863 SUPPLIES. POLICE SKIP IT NONE 11/16/01 $103.17
57864 SUPPlI ES.FI NANCE ACCESS DATA CORP NONE 11/16/01 $44.95
57865 SUPPLlES.lIBRARY DATA CAl NONE 11/16/01 $156.45
57866 SUPPlIES.lIBRARY FRIENDS OF CONN LIB NONE 11/16/01 $10.00
57867 SERVICES.ADMIN COMM NEWSPAPER NONE 11/16/01 $15.00
57868 REFUND.POllCE IGNACIO B HERNANDEZ NONE 11116/01 $27.00
57869 SERVICES.ADMI N PAVEL GOLDASHKIN NONE 11/16/01 $75.00
57870 SERVICES.ENG AEROTEK 000080 11/16/01 $200.00
57871 BOOKS.lIBRARY APPLE BOOKS 000450 11/19/01 $1,183.28
57872 SERVI CES. PARKS METROCALL 000655 11/16/01 $4.29
57873 SERVICES. POLICE LANGUAGE LINE SERV 000659 11/16/01 $1,007.93
57874 SERVICES. PLAN ROGER BUDKE 001580 11/16/01 $1,722.50
57875 SERVICES. POLICE BULLARD,SMITH 001584 11/16/01 $633.50
57876 SERVICES.L1BRARY BUSINESS EQUIP 001628 11/16/01 $165.00
57877 SUPPLlES.FINANCE COW GOVERNMENT 002320 11/16/01 $479.97
57878 RETAINAGE.ADMIN CITY OF WOODBURN 002526 11/16/01 $2,091.00
57879 SUPPLlES.POllCE CRYSTAL SPRING 002919 11/16/01 $83.00
57880 SUPPLlES.VARIOUS CTL CORP 002926 11/16/01 $2,615.97
57881 SUPPLIES. PARKS DEL I NO 003111 11116/01 $993.98
57882 SERVICES.NON DEPT EL HISPANIC NEWS 004119 11/16/01 $430.84
57883 SUPPLIES-PARKS EXCEL SPORTS 004450 11/16/01 $363.36
57884 SERVICES.ADMIN FIRST CASCADE 005130 11/16/01 $41,829.00
57885 SUPPLlES.PARKS FOTO MAGIC 005258 11/16/01 $17.06
57886 SUPPLI ES.lI BRARY GAYLORD BOOS 006030 - 11/16/01 $358.00
57887 SUPPLlES.PARKS HACH CHEMICAL 007030 11/16/01 $82.60
57888 SERVICES. POLICE IND WELDING 008100 11/16/01 $11. 50
57889 SERVICES.PARKS IOS CAPITAL 008118 11/16/01 $327.21
57890 SUPPLlES-WWTP MICROWAREHOUSE 012459 11/16/01 $164.80
57891 SUPPLIES. LIBRARY MORNINGSTAR 012609 11/16/01 $495.00
57892 SUPPLIES. MAYOR MOUNTAINVIEW GRAPH 012625 11/16/01 $435.00
Page 5
~
AlP CHECK LISTING FOR THE MONTH OF NOVEMBER 2001 8E
57893 SERVICES. POLICE NORCOM 013198 11/16/01 $22,536.92
57894 SUPPLIES. VARIOUS OFFICE DEPOT 014029 11/16/01 $679.73
57895 SUPPLlES.POllCE OR FIRE EQUIPMENT 014304 11/16/01 $74.38
57896 SUPPlIES.WTR OTS WIRE 014680 11/16/01 $129.37
57897 SUPPlIES.WTR US FILTER 015065 11/16/01 $5,268.00
57898 REIMBURSE.L1BRARY MARY PARRA 015168 11/16/01 $295.65
57899 SERVICES.WTR PORT GENERAL ELEC 015420 11/16/01 $165.76
57900 SERVICES. VARIOUS QWEST 016202 11/16/01 $991.69
57901 SUPPLlES.L1BRARY RIP CITY MAGAZINE 017212 11/16/01 $19.95
57902 SUPPlIES.BUILDING LES SCHWAB TIRE 018300 11/16/01 $364.59
57903 SERVICES-LIBRARY SIERRA SPRINGS 018460 11/16/01 $48.50
57904 SUPPLIES-LIBRARY SOUTHEASTERN BOOK 018627 11/16/01 $60.50
57905 SUPPlI ES.PARKS SPRINT ROTHHAMMER 018713 11/16/01 $185.32
57906 SERVICES.ENG TEK SYSTEMS 019046 11/16/01 $368.00
57907 SUPPLlES.WTR UNITED PIPE 020030 11/16/01 $357.17
57908 SUPPUES.STREET VIESKO QUALITY 021140 11/16/01 $237.00
57909 SUPPLIES-LIBRARY WEISS RATINGS 022128 11/16/01 $785.90
57910 SERVICES-CABLE TV WCAT 022547 11/16/01 $1,350.00
57911 SERVICES-VARIOUS WBN FAMILY CLINIC 022587 11/16/01 $156_00
57912 SERVICES-VARIOUS waN INDEPENDENT 022630 11/16/01 $163.55
57913 SUPPLI ES-VARIOUS YES GRAPHICS 024025 11/16/01 $1,396.00
57914 SERVICES-PARKS REGENCE UFE 060450 11/19/01 $29.27
57915 VOID VOID VOID $0.00
57916 VOID VOID VOID $0.00
57917 VOID VOID VOID $0.00
57918 VOID VOID VOID $0.00
57919 VO I 0 VOl D VOID $0.00
57920 VOID VOID VOl D $0.00
57921 VOID VOl D VOID $0.00
57922 VOID VOl D VOID $0.00
57923 VOID VO I 0 VO I 0 $0.00
57924 REFUND.WTRISWR MOLLY MCCLAIN NONE 11/21/01 $6.34
57925 REFUNO-WTR/SWR THE LUCKEY CO NONE 11/21/01 $3.48
57926 REFUNO.WTR/SWR RACHEL HUTCHINSON NONE 11/21/01 $31.44
57927 REFUND.WTRlSWR HENRY JAEGER NONE 11/21/01 $38.82
57928 REFUNO.WTRlSWR THE LUCKEY CO NONE 11/21/01 $21.90
57929 SERVICES. POLICE HSUS PNRO NONE 11/21/01 $50.00
57930 REIMBURSE. STREET MIKE BERGERON NONE 11/21/01 $39.64
57931 SERVICES-PARKS NICHOLE NEUMANN NONE 11/21/01 $145.00
57932 SUPPlIES.ENG ME IMAGING 000017 11/21/01 $353.11
57933 SERVICES.WATER AMTEST OREGON 000400 11/21/01 $346.50
57934 SERVI CES.VARIO US AT&T 000623 11/21/01 $44.41
57935 LOAN PAY-PUB WKS BANK OF NEW YORK 001133 11/21/01 $153,887.23
57936 SUPPLI ES. ENG CTL CORP 002926 -11/21/01 $81.00
57937 SUPPLlES.FINANCE DP NORTHWEST 003264 11/21/01 $3,481.00
57938 SERVICES. POLICE DPSST 003267 11/21/01 $170.00
57939 SERVICES.WWTP JAMES W FOWLER 005215 11/21/01 $5,690.00
57940 SUPPLIES-POLICE GALLS 006011 11/21/01 $11.98
57941 SERVICES. LI BRARY GE CAPITAL 006079 11/21/01 $181.30
57942 SERVICES.FINANCE GOVT FIN OFFICERS 006238 11/21/01 $185.00
Page 6
~
AlP CHECK USTING FOR THE MONTH OF NOVEMBER 2001 ,8E
I
57943 SUPPLI ES.W'lNTP HACH CHEMICAL 007030 11/21/01 $146.00
57944 SERVICES.VARIOUS HI RE CALLING 007240 11/21/01 $1,844.71
57945 SERVICES.VARIOUS IDS CAPITAL 008118 11/21/01 $1,030.75
57946 SUPPLIES. POLICE LAB SAFETY SUPPLY 011024 11/21/01 $40.13
57947 SUPPLI ES- W'lNTP NC ANALYTICAL 013216 11/21/01 $115.00
57948 SUPPLI ES.WWTP OBC NORTHWEST 014013 11/21/01 $171.60
57949 SERVICES.ENG ONSITE ENVIRON 014055 11/21/01 $602.40
57950 SERVICES.WTR OR HEALTH DIV 014311 11/21/01 $220.00
57951 SUPPU ES.STREET PAULS SMALL MTR 015175 11/21/01 $14.00
57952 SUPPLlES.STREET PHOENIX ASPHALT 015268 11/21/01 $58.74
57953 SERVICES.wrR QUALITY TANK 016080 11/21/01 $1,759.66
57954 SUPPLI ES.STREET QWEST DE>< 016203 11/21/01 $24.53
57955 REIMBURSE.ENG RANDY ROHMAN 017230 11/21/01 $39.00
57956 REIMBURSE. MAYOR ELlOA SIFUENTEZ 018463 11/21/01 $84.00
57957 SERVICES.POLlCE SUN RIVER 018848 11/21/01 $203.55
57958 SUPPLIES. POLICE TERRITORIAL SUPPLIES 019060 11/21/01 $260.90
57959 SUPPLlES.STREET UNOCAL 020010 11/21/01 $683.97
57960 SUPPLI ES. PARKS XEROX CORP 023020 11/21/01 $312.00
57961 SUPPlIES.VARIOUS YES GRAPHICS 024025 11/21/01 $1,026.00
57962 SERVICES.WATER VALLEY MAILING 021044 11/21/01 $506.80
57963 PETTY CASH.VARIOUS CITY OF WOODBURN 015255 11/21/01 $110.04
57964 SERVICES.WATER VALLEY MAILING 021044 11/29/01 $392.40
57965 VOID VOID VOID $0.00
57966 VOID VOID VOID $0.00
57967 VOID VOl D VOID $0.00
57968 REFUND.WTRlSWR KELLY HANSON NONE 11/30/01 $27.65
57969 REFUND.WTRlSWR RALTAMIRANO NONE 11/30/01 $10.00
57970 REFUND.WTRlSWR HERIBERTO AVILA NONE 11/30/01 $34.50
57971 REFUND.WTRlSWR KENNETH YOUNG NONE 11/30/01 $17.41
57972 REFUND.WTRlSWR HOUSE OF ZION NONE 11/30/01 $27.65
57973 SERVICES.WWTP PERFORMANCE PLUMB NONE 11/30/01 $245.00
57974 SUPPLI ES.L1 BRARY CLOUDMOUNTAIN COMM NONE 11/30/01 $34.95
57975 SERVICES. PARKS GERVAIS SCHOOL DIST NONE 11/30/01 $100.00
57976 SUPPLI ES.PARKS KIDSTUFF PLAYSYSTEMS NONE 11/30/01 $218.80
57977 SUPPlIES.ENG ESRI INC NONE 11/30/01 $100.00
57978 REIMBURSE-PARKS TROY WICKS NONE 11/30/01 $25.99
57979 SUPPLlES.lIBRARY ARAB FILM OIST NONE 11/30/01 $67.43
57980 SERVICES. VARIOUS A&A PEST CONTROL 000011 11/30/01 $409.50
57981 SERVICES-PARKS ACE SEPTIC 000031 11/30101 $802.46
57982 SUPPLlES.WWTP ABIQUA SUPPLY 000034 11/30/01 $500.50
57983 SUPPLIES. FINANCE ADV LASER IMAGING 000066 11/30/01 $109.45
57984 SERVICES.ENG AEROTEKINC 000080 11/30/01 $195.00
57985 SUPPLIES. LIBRARY AM LIBRARY ASSOC 000250 11/30/01 $557.00
57986 SUPPLlES.L1BRARY AMERICANA PUBLISH 000370 - 11/30/01 $25.00
57987 SERVICES. VARIOUS ARAMARK UNFORM 000534 11/30/01 $1,586.95
57988 SERVICES.POLlCE AUTO ADDITIONS 000558 11/30/01 $182.00
57989 SERVICES.ADMIN AWARDS & ATHLETICS 000580 11/30/01 $51.54
57990 SERVICES. VARIOUS AT&T 000623 11/30/01 $43.57
57991 SUPPLI ES.C GARAGE BATTERIES NW 001159 11/30/01 $103.15
57992 SUPPLI ES. VARIOUS BIMART CORP 001275 11/30/01 $848.85
Page 7
~
AlP CHECK LISTING FOR THE MONTH OF NOVEMBER 2001 /SE
57993 SERVICES.WWTP BOBS BACKHOE 001325 11/30/01 $3,241.20
57994 SUPPlIES.lIBRARY BOOK WHOLESALERS 001350 11/30/01 $12.84
57995 SUPPLIES. POLICE BOISE CASCADE 001357 11/30/01 $719.00
57996 REI MBURSE.ADMI N JOHN BROWN 001490 11/30/01 $34.13
57997 SERVICES. POLICE CASE AUTOMOTIVE 002190 11130/01 $497.05
57998 SUPPLlES.PARKS CASCADE COLUMBIA 002218 11/30/01 $783.50
57999 SUPPLlES.C GARAGE CASCADE NUT 002224 11/30/01 $499.35
58000 SUPPLlES.PARKS CASCADE POOLS 002226 11130/01 $53.20
58001 SERVICES-LIBRARY CHEMEKETA COMM COLL 002410 11/30/01 $1,216.57
58002 SUPPLlES.VARIOUS COASTAL FARM 002625 11/30/01 $564.50
58003 SERVICES. POLICE CODE 4 PUBLIC SAFETY 002629 11130/01 $59.00
58004 SUPPLlES.WATER ES CONSTANT CO 002773 11130/01 $555.50
58005 SUPPLIES-WWTP DATA SUPPORT 003052 11/30/01 $348.50
58006 SUPPLlES.VARIOUS DAVISON AUTO PTS 003080 11130/01 $196.31
58007 SUPPLlES.POLlCE DAVISON AUTO 003081 11/30/01 $68.13
58008 SUPPLIES-LIBRARY DEMCO 003110 11130/01 $568.39
58009 SERVICES-FINANCE DP NORTHWEST 003264 11/30/01 $587.00
58010 SUPPLI ES-STREET EDWARDS EQUIPMENT 004086 11/30/01 $330.35
58011 SUPPLlES-WTR ENG CONTROL PROD 004180 11/30/01 $62.65
58012 SERVICES.PARKS ENGELMAN ELECTRIC 004190 11/30/01 $989.91
58013 SUPPLlES.WWTP ESTACADA OIL 004275 11/30/01 $124.55
58014 SUPPLlES.PARKS FAMILlAN NW 005030 11/30/01 $277.54
58015 SUPPLI ES.VARI OUS FARM PLAN 005062 11/30/01 $120.33
58016 SERVICES. POLICE FOTO MAGIC 005258 11/30/01 $124.13
58017 SUPPLI ES. LIBRARY GALE GROUP 006015 11/30/01 $403.43
58018 SUPPLIES.L1 BRARY GAYLORD BROS 006030 11/30/01 $236.40
58019 SERVICES-ADMIN GTSICORP 006390 11/30/01 $9,758.00
58020 SUPPLIES-VARIOUS GW HARDWARE 006405 11/30/01 $1.294.75
58021 SERVtCES-ENG HDR ENGI NEERI NG 007112 11/30/01 $3.635.25
58022 SUPPLIES-STREET HILLYERS 007228 11/30/01 $39.30
58023 SERVICES-VARIOUS HIRE CALLING 007240 11/30/01 $4,283.61
58024 SUPPLIES. VARIOUS INO WELDING 008100 11/30/01 $27.10
58025 SERVICES- WATER IKON OFFICE 008119 11/30/01 $14.11
58026 SUPPLI ES.C GARAGE INTERSTATE AUTO PTS 008295 11130/01 $159.55
58027 SERVICES-MUSEUM JOHN PILAFIAN 009130 11/30/01 $6.50
58028 SUPPLI ES.FI NANCE KEY BUSINESS PROD 010076 11/30/01 $198.70
58029 RENT-POLICE KEY INVESTMENTS 010080 11/30/01 $3,700.42
58030 SERVICES-ADMIN W KOSTENBORDER 010297 11/30/01 $11,575.00
58031 SUPPLI ES-VARIOUS L&L BUILDING 011010 11/30/01 $162.05
58032 SUPPLlES.L1BRARY LI FE BOOKS 011228 11130/01 $34.90
58033 SERVICES-COURT MSI GROUP 012015 11/30/01 $125.00
58034 SUPPLIES-LIBRARY MARSHALL CAVENDISH 012235 11/30/01 $1,588.78
58035 REIMBURSE.FINANCE RICHARD MCCORD 012348 11/30/01 $15.50
58036 REIMBURSE. MUSEUM KEZIA MER'NIN 012440 -11/30/01 $54.05
58037 SUPPLIES- VARIOUS METROFUELlNG 012448 11/30/01 $1,449.92
58038 SUPPLI ES. LI BRARY MICRO MARKETING 012462 11/30/01 $23.40
58039 REIMBURSE.POLlCE JOHN MIKKOLA 012485 11130/01 $43.29
58040 SUPPLIES-VARIOUS MR P'S AUTO PTS 012510 11/30/01 $624.37
58041 SERVICES- VARIOUS MUFFLERS HITCHES 012655 11/30101 $81.50
58042 REI MBURSE- PLAN JIM MULDER 012670 11130/01 $87.75
Page 8
?
AlP CHECK LISTING FOR THE MONTH OF NOVEMBER 2001 8E
58043 SUPPLlES.ENG NATL BUSINESS FURN 013023 11/30/01 $138.95
58044 REIMBURSE.BUILD DAN NELSON 013151 11/30/01 $271.97
58045 SERVICES-VARIOUS NEXTEL COMM 013188 11/30/01 $1,562.45
58046 SUPPLlES.STREET NORLlFT 013200 11/30/01 $810.80
58047 SUPPLI ES-STREET NORTHSIDE FORD 013225 11/30/01 $17.93
58048 SUPPLI ES-PARKS NW RECREATION 013310 11/30/01 $1,240.89
58049 SUPPLlES-POLlCE OACP 014008 11/30/01 $885.68
58050 SUPPLlES.PLAN OFFICE MAX 014031 11/30/01 $179.98
58051 SERVICES.ENG ONSITE ENVIRON 014055 11/30/01 $382.78
58052 SUPPLl ES-L1 BRARY PACIFIC OFFICE 015042 11/30/01 $258.06
58053 SUPPLlES.WTR US FILTER 015065 11/30/01 $636.68
58054 SERVICES-WWTP PARKER BUILDING 015147 11/30/01 $300.00
58055 SUPPLlES.STREET PAULS SM MTR 015175 11/30/01 $44.37
58056 SERVICES.ADMIN PBS ENVIRON 015200 11/30/01 $2,084.48
58057 SUPPLlES.PARKS PEPSI COLA 015225 11/30/01 $438.50
58058 SUPPLlES.WWTP PLATT ELECTRIC 015340 11/30/01 $20.02
58059 SUPPLI ES-STREET PORTER YETI CO 015400 11/30/01 $619.45
58060 SUPPLlES.PARKS PORTLAND BOTTLING 015415 11/30/01 $63.90
58061 SERVICES-WWTP PORT GENERAL ELEC 015422 11/30/01 $1,037.00
58062 SERVICES. FI NANCE QWEST 016202 11/30/01 $222.48
58063 SUPPLlES.L1BRARY QWEST DEX 016203 11/30/01 $177.67
58064 SUPPLlES.WTR RADIO SHACK 017030 11/30/01 $29.99
58065 SUPPLlES.L1BRARY RECORDED BOOKS 017102 11/30/01 $11.20
58066 SUPPLlES.L1BRARY REGENT BOOK 017148 11/30/01 $43.56
58067 SUPPLlES.PARKS ROSE PAPER 017316 11/30/01 $1,153.60
58068 SUPPLIES. PARKS ROTHSIGA 017340 11/30/01 $399.55
58069 SUPPLI ES-STREET SAFFRON SUPPLY 018020 11/30/01 $17.68
58070 SERVICES.VARIOUS LES SCHWAB TIRE 018300 11130/01 $714.70
58071 SUPPLIES-POLICE SHOOTERS MERCANTILE 018453 11/30/01 $499.00
58072 SUPPLI ES.WWTP SIERRA SPRINGS 018460 11/30/01 $98.00
58073 SERVICES.PARKS SONITROL 018605 11/30/01 $50.00
58074 SUPPLI ES-PARKS SPRINT ROTHHAMMER 018713 11/30/01 $16.82
58075 SERVICES-ENG TEK SYSTEMS 019046 11/30/01 $368.00
58076 SUPPLI ES. VARIOUS CORPORATE EXPRESS 019100 11/30/01 $265.17
58077 SUPPLI ES-STREET TRAFFIC SAFETY 019220 11/30/01 $98.85
58078 SUPPLlES-C GARAGE TRUSS T STRUCT 019260 11/30/01 $33.00
58079 SERVICES.WWTP TSR CORP 019270 11/30/01 $1,050.00
58080 SUPPLI ES.STREET UNOCAL 020010 11/30/01 $47.90
58081 SERVICES-VARIOUS VERIZON WI RELESS 021124 11/30/01 $1,617.92
58082 SUPPLI ES. VARIOUS VISIBLE COMPUTER 021200 11/30/01 $162.18
58083 SUPPLlES.L1 BRARY VISIONS 021203 11/30/01 $64.80
58084 SERVICES. POLICE WALKERS MANUAL 022025 11/30/01 $93.60
58085 SUPPlIES.STREET WALLING SAND 022029 11/30/01 $1,120.18
58086 SUPPLIES-PARKS WI LL RED CROSS 022328 - 11/30/01 $5.00
58087 SUPPLI ES.L1 BRARY HW WILSON CO 022418 11/30/01 $234.75
58088 SUPPLlES.VARIOUS WITHERS LUMBER 022445 11/30/01 $1,890.77
58089 SERVICES. PARKS WOLFERS 022460 11/30/01 $2,144.31
58090 SUPPLlES.WWTP WBN FERTI L1ZER 022590 11/30/01 $612.50
58091 SERVICES.NON DEPT WBN INDEPENDENT 022630 11/30/01 $28.60
58092 SUPPLIES-PARKS WBN RENT ALL 022708 11/30/01 $795.00
Page 9
AlP CHECK LISTING FOR THE MONTH OF NOVEMBER 2001 8E
58093 SUPPLlES.L1BRARY WORLD MEDIA 022815 11/30/01 $1,006.57
58094 SUPPLlES.VARIOUS YES GRAPHICS 024025 11/30101 $1,452.50
58095 REIMBURSE.OAR DOROTHA BORLAND 045100 11/30/01 $170.50
58096 REIMBURSE-OAR SALLY BUSE 045110 11/30/01 $71.92
58097 REIMBURSE-OAR CORNEll US DONNELLY 045230 11/30/01 $95.48
58098 REIMBURSE.OAR LEONARD GIAUQUE 045290 11/30/01 $164.30
58099 REIMBURSE.OAR AGNES HAGENAUER 045310 11/30101 $112.84
58100 REIMBURSE. OAR FRED HAYES 045315 11/30/01 $194.06
58101 REIMBURSE-OAR BEULAH JORDAN 045320 11/30/01 $60.45
58102 REIMBURSE.OAR J WARD O'BRIEN 045497 11/30/01 $68.20
58103 REIMBURSE-OAR STEVE STURN 045585 11/30/01 $98.58
58104 PETTY CASH.VARIOUS CITY OF WOODBURN 015255 11/30/01 $155.50
$770,528.58
Page 10
SF
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn. Oregon 97071
(503) 982-5250
Date:
December 3,2001
To:
Jim Mulder. Community Development Director
From:
Building Division
Subject:
Building Activity for November 2001
1999 2000 2001
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 47 $6.605,400 6 $648,880 9 $1.110,589
Multi Family 0 $0 0 $0 0 $0
Residential Adds & Alts 1 $3,000 2 $73,375 4 $110,000
Industrial 0 $0 0 $0 0 $0
Commercial Value 0 $0 0 $0 4 $873.788
Signs, Fences, Driveways 2 $17,237 2 $6,990 3 $5,000
Manufactured Homes 3 $159,200 0 $0 1 $15,000
TOTALS 53 $6,784,837 10 $729,245 21 $2.114,377
July 1 - June 30
Fiscal Year To Date $15,926,708 $4,770,791 $25,759,727
I,\C~,,,", "",..pm~"'ldg\BW1dI,,, _Idlng A""",. 200'_. N~m"" 2001."" W
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MEMO
FROM:
City Council through City Administra~~
Public Works Program Manager ~ /'
TO:
SUBJECT: Selection of Consultant to Complete Water Treatment Plant Design and
Construction Engineering
DATE:
December 5,2001
The city advertised in September 2001 for qualifications of consulting firms to provide
professional engineering services for design and construction engineering for the water
treatment project. The city received qualification statements from three firms who were
all determined to be qualified to submit proposals. The firms selected to submit
proposals were:
HDR Engineering, Inc.
Kennedy Jenks Consultants
Murray Smith and Associates, Inc.
The three firms prepared detailed proposals in accordance with a city prepared request
for proposal which were then received on November 15,2001. The detailed proposals
were reviewed in detail and evaluated by city staff. In addition, individual interviews
were conducted with each of the competing firms.
Staff will present its selection to the Water Master Plan Committee for their approval.
With the committee's concurrence with staffs consultant selection a contract and scope
of work will be negotiated with the selected consultant. The completed contract with
the scope of work will be presented to Council in January 2002 for approval.
81
Memorandum ~
To: City Council through the city Administrator~/31Jf
From: David Torgeson, Assistant City Engineer
t
Date: December 4,2001
Re: Status Report - Parallel Westerly Relieving Interceptor
Unusual delays have been experienced in completion of the last segment of the project. About
78 lineal feet of pipe and two manholes are left to complete. The cause for the delays has
been related to unexpectedly poor soil condjtions near Mill Creek. Loose, compressible soils
were responsible for unacceptable settlements of sewer manholes and connecting pipes. The
settlements were observed in the last week of October, when City Staff directed the contractor
to suspend excavation and pipe-laying operations. Within days of the cessation of work, an
outside geotechnical firm performed two deep test borings at the site, as a necessary
preliminary to determining the likely mechanism behind the observed settlements.
Settlement of manholes and pipe are undesirable for sewer construction at most locations. At
this location, settlements were measured greater than 7 -inches. Such large settlement can
cause pipe slopes to change, which may decrease the ultimate hydraulic capacity of the
pipeline. Worse, the settlement may cause pipes to separate from manholes, allowing large
volume of groundwater to infiltrate the system. Near Mill Creek, groundwater would operate
under 16-feet, or more, of gravity head, making the problem of infiltration (and the related
, expense of pumping this excess water) profound.
Staff will proceed with corrections devised by a team of geotechnical, structural engineers, and
specialty contractors. For effective results, manholes will be provided with foundations
composed of Pull-Down Micro Anchors. Because of the high loads developed by concrete
manhole sections, and the "down-drag ," or skin-friction, each manhole will be equipped with
eight anchors, connected by a reinforced concrete foundation slab. Anchors will extend about
40 feet beneath manholes, which are situated 22 feet below ground surface. Similar treatments
will be given to each joint of pipe connecting the manholes.
If review of contractor schedules and pricing are favorable, shoring and de-watering of the site
will begin as early as the week beginning December 9. More than one mobilization will be
required to finish the stabilization project. Correction of potential settlement will consume
additional time and resources, beyond the original contract. Current estimates indicate that
work may require about three to four weeks to complete. During the time that this work is in
progress, the local environment will be protected through use of auxiliary pumping of sewage.
As at the present, pumps are working at the Goose Creek line, and another set of pumps
deliver sewage from the 15-inch line entering from the north. Duplex, or redundant pumps are
in service at both locations. -
The urgent nature of corrective work (particularly when once undertaken) will require that
construction activities continue through much of the holiday season. Further, direction to the
contractor, when needed, must be provided without delay. I will be available during the holiday
season to guide the contract work, and to make needed decisions, so satisfactory progress will
be made.
: 8J
MEMO
From the Office of the City Attorney
SUBJECT:
MAYOR AND CITY COUNCIL
N. ROBERT SHIELDS, CITY ATTORNEY t/tt-j
GOVERNMENT LAW SECTION ELECTION
TO:
FROM:
DATE:
DECEMBER 5, 2001
At the year 2001 annual meeting, I was elected Chair Elect of the Government Law Section of
the Oregon State Bar for the year 2002. The Government Law Section is a statewide group of
approximately 500 lawyers engaged in the practice of city, county, state and federal government
law. I am honored to serve in this position and believe that it benefits both me and the City.
~
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December 10, 2001
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council \/-z.
John C. Brown, City Administrator~Y
Cable Television Franchise Renewal with DirectLink of Oregon, Inc.
Recommendation:
It is recommended the City Council adopt the attached ordinance granting a cable
television franchise to DirectLink of Oregon, Inc.
Background:
In 1992 the City awarded a ten-year franchise to Northland Cable Television.
Northland transferred the franchise to North Willamette Telecom (DirectLink) in 1998.
On November 26, 2001 the City Council conducted a public hearing related to renewing
a cable television franchise with DirectLink. A copy of the staff report presented at the
hearing is included as Attachment 1. Following the hearing, Council directed staff to
develop the legal document necessary to grant the renewal at the Council's December
10,2001 meeting. The motion providing that direction referenced renewal with North
Willamette Telecom, Inc. In July 1999 North Willamette Telecom changed its name to
DirectLink of Oregon, Inc.; the franchise renewal reflects that change.
At its November 26th meeting the Council also adopted Ordinance 2306, which
authorizes a conditional transfer of the cable franchise from DirectLink to Willamette
Broadband, LLC. Ordinance 2306 superceded Ordinance 2299 to provide for additional
time within which to complete franchise transfer activities and eliminated an
unenforceable condition regarding corporate guarantees.
Discussion:
Attached, per your direction, is an ordinance granting a cable television franchise to
DirectLink of Oregon, Inc. The franchise is incorporated as an exhibit to the ordinance.
Due to the size of the franchise document, only the ordinance is included in your
agenda package. A complete copy of the agenda item, ordinance and franchise
agreement is available for inspection in both the Recorder's Office and the
Administrator's Office, and at the reference desk at the Library. The franchise provides
for a ten-year term, during which time the operator will be required, among other
requirements, to upgrade the entire cable system, assist in constructing an Institutional
Network (I-Net) and provide significant financial support to Public, Education, and
Government (PEG) access. Pursuant to Ordinance No. 2306, and pending a sale of the
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Honorable Mayor and City Council
December 10, 2001
Page 2.
cable system by DirectLink to Willamette Broadband, LLC, Willamette will be
responsible for fulfilling the obligations and requirements of the franchise agreement.
As indicated in the November 26, 2001 staff report, the franchise renewal, as negotiated,
addresses the Council's goals for a technologically current cable system. It addresses
the community's desire for PEG access, I-Net capability, and enhanced customer
service. It provides generous support to public access programming, and for the
sharing of data and video communication between institutional users. It provides a
complete system upgrade within a reasonable period of time, at a cost that should
continue to be affordable to subscribers. The agreement clearly defines the rights and
responsibilities of both parties, and retains that degree of local regulatory authority
conveyed by the FCC. The document meets with the approval of negotiators for the
City and the DirectLink and Willamette Broadband, and with representatives of WCAT.
For these reasons, your approval of the attached ordinance is respectfully
recommended.
JCB
...
,
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November 19,a~6'8fnt I-Page I of6
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
John C. Brown, City Administrator
Cable Television Franchise Agreement
Recommendation:
It is recommended the City Council conduct a public hearing, and direct staff to prepare
the appropriate legal document to approve renewal of a franchise agreement with
North Willamette Telecom, Inc.
Background:
In 1992 the City awarded a ten-year franchise to Northland Cable Television. In 1998,
Northland transferred the franchise to North Willamette Telecom (Direct Link). That
franchise expires in October 2002. In July 2000, Direct Link requested a franchise
renewal and indicated its intention to sell the cable system. That sale was not
completed.
In September 2000 the City retained Dr. Stephen Jolin, a cable television consultant, to
assist with franchise renewal negotiations and transfer of the franchise. Although the
proposed sale of the cable system had fallen through, Dr. Jolin continued to assist the
City with preparation for franchise renewal in anticipation of the October 2002
expiration of the existing franchise.
Cable television regulation is largely a matter of Federal jurisdiction, as exercised by the
Federal Communications Commission (FCC). Local franchise authority has been
curtailed by legislation and case law. The latitude cities once had in regulating matters
such as programming and rates has been greatly restricted. The processes for franchise
renewals and transfers are dictated by the FCC, which regulates the timing in which
such actions may occur, the information that may be considered, and the justifications
necessary of local jurisdictions to support services or commitments requested of cable
television grantees.
To prepare for franchise negotiations, Dr. Jolin conducted community ascertainment
sessions, a technical review of the existing cable system, a review of Direct Link's
finances as they relate to the Woodburn franchise, and worked with City staff to
conduct a community-wide customer service survey.
Ascertainment sessions took place in April 2001, with the business community, local
agencies, and the community at large. Sessions were televised. Session participants
~
Honorable Mayor and City Council
November 26, 2001
Page 2.
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Attachment 1 - Page 2 of 6
and viewers were asked to complete detailed questionnaires. Respondents indicated
strong interest in high-speed Internet access, public, educational and governmental
(PEG) programming, institutional network (I-Net) capability, and enhanced customer
service. The community wide survey, which was distributed in water billings in May
2001, netted 752 responses. The survey results reflected needs and concerns similar to
those identified in the ascertainment sessions. Technical evaluations were completed in
June 2001 and identified a well-maintained system for it's age, but one which lacks the
capability to provide two-way data services, such as high speed internet, and which
does not provide an institutional network. The financial review was conducted in
August 2001 and identified no material irregularities.
The results of these efforts, a proposal provided by the Woodburn Community Access
Television (WCAT), and comments and concerns raised by City Councilors, formed the
basis for the City's proposed franchise agreement language. That proposed language
was the subject of franchise negotiations.
In May 2001, Direct Link sought the City's approval of a transfer of the cable system
serving Woodburn to Willamette Broadband LLC (Willamette). Dr. Jolin reviewed the
application for transfer and supporting material. He found that, although Willamette
had no track record providing cable service, from a regulatory perspective the transfer
request met Federal requirements. On August 27, 2001, the City Council granted
conditional approval of the transfer to Willamette. Among those conditions: the
completion of a mutually agreeable franchise renewal with Direct Link, within 90 days.
Discussion:
Since the Council's August 27th meeting, staff and Dr. Jolin held telephone conferences
and met with Direct Link and Willamette representatives several times to negotiate a
mutually agreeable franchise renewal. Although the franchise is between the City and
Direct Link, Willamette took the lead in negotiating the Cable position, as it will be
responsible for fulfilling franchise obligations following its purchase of the system.
The purchase transaction is scheduled for completion in December 2001.
Enclosed with your agenda packages is the II final" draft of the franchise agreement
negotiated with Direct Link and Willamette representatives. The document was
developed consistent with Federal regulations and applicable case law. In developing
the franchise agreement, staff sought to consolidate the City's cable regulations,
previously expressed in a cable television ordinance and a franchise agreement, in one
document. While the enclosed document is more detailed and lengthier than earlier
franchise agreements, it should prove to be more user-friendly than two separate but
related documents. Major provisions of the agreement are summarized as follows:
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Honorable Mayor and City Council
November 26, 2001
Page 3.
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Attachment 1 - Page 3 of 6
. A ten-year, non-exclusive franchise, effective January 2, 2002. This period will
afford the grantee ample security to insure a return on its investment in system
upgrade, and I-Net and PEG support.
. Franchise fees will be five percent of the grantee's gross revenues, adjusted for
bad debt. In addition, the grantee will be required to pay for all necessary city
permits.
. The system will be upgraded from the current 440 Megahertz one-way network
to a 550 Megahertz broadband system with bi-directional capability, by January
2004. Upgrade will replace a predominantly coaxial network with a hybrid
fiber/ coaxial network. The system currently has a capacity of 63 video channels.
The upgraded system will have a minimum capacity of 78 video channels and
will have the ability to provide pay-per-view and other services without a site
visit, and permit the delivery of services such as high-speed Internet and Video-
on-demand. A previous provision, requiring a head-end in Woodburn had been
eliminated. Fiber optic technology eliminates any service quality concerns the
head-end requirement may have been intended to address.
. The grantee is required to provide service to all residences within current or
future city limits, at standard connection charges. Where the density of
residences does not equal 30 residences per strand mile, the grantee is required
to provide service, upon request, and pursuant to a cost sharing formula with
those residents desiring service. Under-grounding the system is required when
expanding into new areas and subdivisions. Under-grounding in existing areas
will be provided where possible.
. The grantee will be "required to meet all FCC technical standards.
. Programming. As indicated previously, the City's ability to regulate
programming is limited by Federal regulations and case law. With respect to
programming, the City's authority is limited to regulating broad categories of
service. As provided in the franchise, these include:
News and information
Sports
General Entertainment, including movies, music, and comedy
Arts, Culture, performing arts
Children/Family
Science/Documentary
Weather Information
Governmental and Educational Programming
Foreign Language/Ethnic programming
The grantee cannot delete any of these categories without first obtaining City
approval.
Honorable Mayor and City Council
November 26, 2001
Page 4.
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Attachment 1 - Page 4 of 6
. Support for Public Access. This franchise provides strong support for public,
educational, and government access (PEG). The grantee will provide up to four
channels for PEG access, and increase PEG support to include:
A $40,000 one-time payment to upgrade existing studio equipment, and to
keep pace with changes in technology during the franchise period. This is
in addition to the annual per-subscriber fee that is provided for equipment
replacement.
An increase of the annual per-subscriber payment from $1.00 per
subscriber to $1.25 per subscriber.
An increase from $1,300 to $1,500 per month in payments to WCAT for
production coordination and assistance.
Installation of return lines from City Hall, the High School, the Fire
District, French Prairie Middle School, the Woodburn Public Library, the
proposed Community Center, and a new future Police Station or City Hall
building, to the WCA T studio. This will provide for live transmissions
from those locations. This work will be done in conjunction with system
upgrade.
Provision of additional space at the WCAT studios, and construction to
segregate a control room from studio space.
Provision of funding which may be used flexibly, to support the costs of
interconnection with local access programmers in adjacent communities
served by the grantee or other systems, or to support costs associated with
the construction of an institutional network (I-Net).
Agreement to negotiate the provision of a local news operation.
. Institutional Network. In addition to the residential network capacity of the
system, the grantee will construct, upon the City's request, an institutional
network. This will consist of up to two pair of fiber, and the electronics, labor
and services necessary to connect a set number of non-commercial,
governmental, educational, and non-profit users. The cost of the I-Net
construction will be supported by users, but offset by a credit of $50,000 that may
be used flexibly, at the City's discretion, for I-Net construction or I-Net and/ or
PEG interconnections. Users will have up to two years to pay for I-Net
construction once that system is built. If payment is not made, costs shall be
credited against franchise fees. The I-Net will be used for: -
Transmitting GIS and other data between City departments and to and
from the public
Linking libraries and providing public access to remote library data bases
Transmitting live and stored instructional materials to schools and other
agencies
,..
Honorable Mayor and Oty Council
November 26, 2001
Page 5.
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Attachment 1 - Page 5 of 6
Providing kiosks for public access to governmental information
Providing video conferencing to and among municipal and educational
locations for uses such as distance learning
Providing for remote permitting, remote arraignment, and voice traffic
from the city to other agencies
Other non-commercial uses as they are developed.
. The City reserves the right to regulate rates, to the extent permitted by Federal
Law. This is currently limited to the basic tier of service.
. Due process is specified for correcting deficiencies in franchise compliance, and
liquidated damages are specified for a variety of violations. These provide
adequate sanctions for violations, and a clear and fair due process for
determining and correcting violations and imposing sanctions.
. Customer service standards, at least as strict as FCC standards are established.
These include office location and hours, in-person and telephone coverage,
service call response standards, complaint resolution, and credits for outages or
other service disruptions.
In addition to these provisions, the agreement also provides for:
A performance bond in an amount of $300,000, to be maintained for the
life of the franchise, to assure that each condition of the franchise is met.
This may be reduced, at the Council's discretion, after a period of five (5)
years, to $150,000 provided the grantee has acted in good faith and in
accordance with the franchise agreement.
A construction bond of $100,000, to be maintained during the entire
period of system upgrade, to assure that construction of the system
upgrade is completed pursuant to franchise conditions.
A security bond of $25,000, to secure the payment of franchise other fees
owed, to secure any other performance promised in the franchise
agreement, or to pay any other taxes, fees, or liens owed to the City.
Indemnification and defense of the City, including legal fees, from
damages or from any suit arising from the exercise of the franchise.
As well, the agreement provides for a variety of other provision, which address but are
not limited to:
The rights reserved to the City, including the right to purchase the cable
system under certain circumstances, the right to eminent domain, the right
to perform franchise fee review and audits, the right to inspect
construction, and the right to require the removal of grantees property
from public rights-of-way.
Honorable Mayor and City Council
November 26, 2001
Page 6.
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Attachment 1 - Page6 of 6
The protection of individual rights, including the right to privacy,
protection from discrimination, requirements for permission to access
private property, and provision of service to multiple dwelling units.
Processes and procedures for revocation of the franchise agreement.
Grantee record retention and reporting requirements; and
Miscellaneous housekeeping provisions.
The franchise renewal, as negotiated, addresses the Council's goals for a technologically
current cable system. It addresses the community's desire for PEG access, I-Net
capability, and enhanced customer service. It provides generous support to public
access programming, and for the sharing of data and video communication between
institutional users. It provides a complete system upgrade within a reasonable period
of time, at a cost that should continue to be affordable to subscribers. The agreement
clearly defines the rights and responsibilities of both parties, and retains that degree of
local regulatory authority conveyed by the FCC. The document meets with the
approval of negotiators for the City and the Cable company, and that portion of the
agreement related to PEG support meets with the approval of WCAT. For these
reasons, your approval is respectfully recommended.
Representatives of Direct Link and Willamette Broadband, and Dr. Jolin will attend the
November 26, 2001 hearing, and will be available with me to answer any technical
questions you may have.
Financial Impact:
Based on current payments, the franchise will provide the City approximately $90,000
in fees in its first year. That amount will increase with subscriber-ship and the
provision of expanded services, and Internet services once the system upgrade is
competed. In addition, the franchise provides one-time payments of $40,000 for PEG
support and $50,000 for I-Net construction. It also provides monthly payments of
$1,500 and annual payments equal to $1.25 per subscriber to WCAT, for equipment
maintenance, replacement, and production coordination services.
JCB
Attachments
cc: Mr. Peter Luscombe, Willamette Broadband
Ms. Sandra Coleman, Direct Link
Dr. Stephen Jolin, Mum-Com
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AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO 'X'
DIRECTLINK OF OREGON, INC. AND DECLARING AN EMERGENCY. '\
./
COUNCIL BILL NO. 236'2
~/
/
ORDINANCE NO.
WHEREAS, under applicable laws, the City of Woodburn is authorized to regulate the
use of and grant access to public rights-of-way, including, but not limited to, public streets,
roads, alleys, highways and public utility easements, subject to prescribed terms and conditions,
for the public good and in a manner consistent with the public interest; and
WHEREAS, under the Woodburn Charter, City Ordinances and the applicable federal'
and Oregon laws, the City is authorized under its police power to adopt customer service
standards for cable communications systems operating within the City to protect its residents
from unfair, improper or abusive practices and to ensure that residents are treated fairly by
franchisees; and
WHEREAS, the City of Woodburn, acting by and through its City Council and pursuant
to the authority of and in accordance with the terms and conditions of Ordinance 1766, passed
that certain Ordinance No. 2093 on October 12, 1992 granting to Northland Cable Television,
Inc the authority to construct, operate and maintain a cable television system with the franchise
area ("Franchise"); and
WHEREAS, the City Council finds that it is in the public interest to grant a cable
television franchise to DirectLink of Oregon, Inc., as memorialized in the Cable Franchise
Agreement between the City of Woodburn and DirectLink of Oregon, Inc., which is attached
hereto and referenced herein; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The City of Woodburn hereby grants to DirectLink of Oregon, Inc. a cable
television franchise (the "Franchise") under the authority of and in accordance with the
Woodburn City Charter, applicable city ordinances, Oregon state law, the Cable
Communications Policy Act of 1984, as amended by the Cable Communications Policy Act of
1992 and the Telecommunications Act of 1996.
Section 2. The terms and conditions of the Franchise are memorialized in the Cable
Television Franchise Agreement between the City of Woodburn, Oregon and DirectLink of
Oregon, Inc. which is affixed to this Ordinance as Attachment "A" and is by this reference
incorporated herein.
Section 3. The duration of the Franchise shall be ten (10) years, commencing on January
Page I - COUNCIL BILL NO. 2362
ORDINANCE NO.
..
,
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2, 200~nding on December 31, 2011. ~~~.... CJ'J~d'Lc;+: -th; So /, Qi /
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Section 4>E~gency Clause. This ordinance being necessary tor the immediate
preservation of the pubhc-p~ce, health and safety, an emergency is declared to exist and this
ordinance shall take effect iniiit~tely upon passage by the City Council and approval by the
Mayor. ",,,-,, ,
APprovedastoform:~.~~, 12-7 200 l
City Attorney '- "", Date
'.
"
"
APPROVED:
Richard Jennings, Mayo~ '-......"
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2362
ORDINANCE NO.
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MEMO
TO
THROUGH
FROM
DATE
SUBJECT
Mayor and Council . _4
John Brown, City Administrato~
Mary Tennant, City Recorder ~
November 30, 2001
Public Employees Retirement System - Local Government Pool
Recommendation: Council adopt the accompanying Council Bill to apply for entry into the
Oregon Public Employees Retirement System (PERS) State and Local Government Rate Pool.
Background:
In February 2001, the PERS Board adopted administrative rules that provided for the formation
of a Local Government Rate Pool in which counties, cities, and special districts could pool their
assets and future liabilities/surpluses into one account rather than being treated individually when
costs are charged or rates are calculated. During the 2001 legislative session, the legislators
adopted SB 134 which abolishes the Local Government Rate Pool and replaces it with a State
and Local Government Rate Pool effective January 1,2002.
Discussion:
Council Resolution No. 1630, adopted May 14,2001, notified PERS of the City's election to
enter into the Local Government Rate Pool (cities, counties, and special districts). By
participating in this rate pool, the City has been able to take advantage of a larger actuarial group
for the purpose of determining the City's individual contribution rate. Subsequent to taking this
action, the 2001 Legislators adopted SB 134 which abolished the Local Government Rate Pool.
The City now has the opportunity to join the newly formed State and Local Government Rate
Pool. This new rate pool consists of state agencies, community colleges, public institutions of
higher education, and participating cities, counties, and special districts. Participation in the
State and Local Government Rate Pool is voluntary, however, if no action is taken to join the
new pool, the City will revert back to the individual rating system and become more susceptible
to significant rate fluctuations. If the City participates in the State and Local Government Rate
Pool, the decision is irrevocable.
The Rate Pool provides separate pool rates for general service employees and police/fire
employees then combines these rates into a composite rate for each participating agency. For
Fiscal Year 2001-02, the City's composite rate is 8.1 % which is slightly higher than the initial
estimated pooling rate of 8.08% provided by PERS three months prior to the final calculation of
the composite rate. The City will continue to pay the 8.1 % composite rate through June 30, 2003
with the first rate adjustment being July 1,2003. Assuming all local governments join the new
rate pool, the actuaries have calculated Woodburn's estimated composite rate to be 9.58%. This
estimate, less the City's amortized surplus from the transfer into the Local Government Rate pool
of 2.27%, would result ina revised estimated composite rate of 7.31% effective July 1,2003.
The final rate will be determined after the actuarial valuation has been completed for the period
ending December 31, 2001. Any surplus or unfunded liability experienced by the soon to be
abolished Local Government Rate Pool will also result in an adjustment to the Cj.ty's final
composite rate. The actuaries do not foresee any major adjustments in the estimated composite
rates even if some local governments elect not to join the new pool at this time.
.
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Page 2 - PERS - State and Local Government Rate Pool
November 30, 2001
Financial Impact:
Based on information provided by PERS Actuarial Consultant (Milliman USA), the City it is
estimated that the City will experience a rate decrease of .8%. Assuming subject payroll of
$5.3 million for fiscal year 2003-04, the estimated cost savings would be $42,400.00.
Attachments:
(1) PERS Question and Answer Summary dated September 21,2001
(2) PERS Initial Pooling Rate Exhibit for City of Woodburn dated October 15,2001
I
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OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM
INITIAL ESTIMATE OF IMPACT OF ELECTING STATE & LOCAL GOVERNMENT RATE POOL
OCTOBER 15, 2001
Employer: CITY OF WOODBURN
Employer Number: 2303
Note: These Initial Calculations Assume AI/Participating Loca/Employers
Elect to Enter the State & Local GovemmentRatePool
General Service
Police & Fire
Composite
State Agencies and Community Colleges
Number of Active Members
Valuation Payroll
Normal Cost Rate
43,484
$1,754,204,381
8.45%
4,992
$ 225,470,148
11.83%
All Local Agencies
Number of Active Members
Valuation Payroll
Normal Cost Rate
36,494
$1,517,152,071
8.87%
7,948
$ 448,676,765
12.07%
Estimated State & Local Pool (assumes all Local Agencies elect to join)
Number of Active Members 79,978 12,940
Valuation Payroll $ 3,271,356,452 $ 674,146,913
Composite Normal Cost Rate 8.64% 11.99%
Estimated Change for State Agencies and Community Colleges
Estimated Average Change for Local Agencies
48,476
$1,979,674,529
8.84%
44,442
$ 1,965,828,836
9.59%
92,918
$ 3,945,503,365
9.21%
0.18%
(0.19)%
Estimated Individual Agency Impact (assumes all Local Agencies elect to join)
Number of Active Members 106 24
Valuation Payroll $3,182,544 $1,247,603
Non-Pooled Normal Cost Rate 8.56% 11.24%
Estimated Pooled Normal Cost Rate for Individual Employer
Estimated Difference in Employer Contribution Rates on July 1, 2003
130
$4,430,147
9.31%
9.58%
0.27%
Note:
1. Employers must now choose between the State & Local Government Rate Pool and an
individual rate calculation. The current Local Government Rate Pool will be abolished.
2. Rates in July of 2003 will be based on the Actuarial Valuation as of D92ember 31, 2001. The
bottom line in the above exhibit represents the estimated difference between the expected
contribution rate on an individual basis and as a member of the State & Local Government
Rate Pool. A negative rate difference ( - ) indicates the initial rate in the Pool will be lower than
the individual rate, while a positive rate difference without ( - ) indicates the initial rate in the
Pool will be higher than the individual rate.
3. Each employer, whether it participated in the Local Government Rate Pool or has remained on
its own, will be responsible for its share, or pooled share, of any Unfunded Actuarial Liability or
Actuarial Surplus as calculated as of December 31, 2001.
Prepared by MIlliman USA
-
Questions &
Answers
STATE & LOCAL
GOVERNMENT
RATE POOL
1. What is pooling?
Pooling treats separate employers
as one group for the purposes of
determining employer pension costs
and rates. Pension assets and
future pension liabilities and
surpluses of all of the pool
participants are shared. Employers
in the pool jointly fund the future
pension costs of all of the pooled
participants.
2. Why join a pool?
The primary reason for pooling is to
promote sta.bility in employer ra.tes.
Employer rates for non-pooled
employers can fluctuate
significantly between valuations
while the rates of pooled employers
tend to remain more stable.
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PERS.
Pension rate fluctuations can and
have caused unexpected financial
difficulties for local governments.
The unpredictability of un-pooled
rates is a concern for many local
employers. Because of the
demonstrated stability of pooled
rates for the state and schools, the
2001 Legislature chose to extend
the opportunity for local
governments to pool their rates
with those of the state.rof Oregon.
As can be seen on Attachment A,
the current State/Community
College and School District pools
have been relatively stable over
time as have been the averae-e rates
for local governments. Because
local employers are not pooled and
receive individual employer rates,
those rates fluctuate more
significantly than the pooled
employer rates. This can be seen in
the following table which shows the
number of local employers that
have had rates change by more
than 2%, either upward or
downward, as a result of the
following valuations:
Oregon Public Employees Retirement System
9/21/01
T
disabilities, member mortality,
number of refunds, and other
demographic assumptions are
among the assumptions developed.
To the degree that these actuarial
assumptions are accurate, employer
rates will be accurate as well. For
the school district pool and the state
employee pool, these assumptions
have proven to be highly accurate.
For individual employers, however,
it is much less likely that these
a~sumptions will accurately predict
employee experience.
Example: One of the benefits
PERS provides is a disability
retirement. In order to properly
fund the expected costs of
disabilities, PERS must predict the
future cost and charge, employers
accordingly. Based on the past
experience of the system, PERS
knows that fewer than lout of 1,000
members will become disabled in
any particular year. Thus, each
employer's rate includes a
percentage to pay for disabilities
based on this expectation of the
frequency of disabilities. If, then, an
employer with five employees has
one become disabled, that employer
has experienced a lout of 5
disability rate, not the lout of 1,000
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State & Local Government Rate Pool Q & A
Page 2
that it has been paying for. This
kind of experience creates an
unfunded actuarial liability (UAL),
and the employer's rate must be
increased, sometimes dramatically,
to pay for the higher than expected
level of benefits its employee group
will receive.
In a pool, an employer that
experiences a disability (or any
other adverse actuarial experience)
will share the costs of that
experience with all the other
members of the pool. Thus, the
individual employer does not bear
the entire cost. Also, it is much
more likely that the pool will
already be charging employers the
proper amount for disability costs
because predictions for large groups
of employees tend to be more
accurate than for smaller groups.
Thus the prediction for disabilities
is likely to be accurate for a pool. In
this situation, the five-member
employer's disability will not
increase rates.
The smaller the number of
employees an employer has, the less
likely that assumptions about
benefit levels will be accurate. In
the Oregon PERS system, the
majority of local governments have
10 or fewer employees (53% as of
Oregon Public Employees Retirement System
9/21/01
Sample resolutions are available
electronically on the Internet at
er.ners.state.or.us.
8. What safeguards are in place
to ensure that the pool is
actuarially viable and will
achieve the goal of rate
stability?
The process and methods for joinin~
the pool are defined in OAR 459-
009-0070. This rule contains
incentives for both over-funded and
under-funded employers to join the
pool. The same methodology was
used in formation of the Local
Government Rate Pool and resulted
in an actuarial surplus for that pool
in excess of $123 million as of the
date the pool was established.
In addition, local governments that
join the State & Local Government
Rate Pool will be adding their
employees to a pool that already
covers 44,000 members. Thus, a
well funded base already exists for
the new pool.
9. When would pooling begin for
local governments under the
rule?
lOB
State & Local Government Rate Pool Q & A
Page 4
Those local governments that pass
resolutions or ordinances to join the
pool and send those items to PERS
postmarked no later than December
31,2001, will begin membership in
the pool on January 1, 2002.
10. When would rates change
based on membership in the '
State & Local Government
Rate Pool?
Rates would first be adjusted based
on membership in the new pool as of
July 1, 2003.
11. What would our employer
rate be for the State & Local
Government Rate Pool if we
join before January 1, 2002?
Estimates of rates will be provided
each employer. For those employers
that are members of the Local
Government Rate Pool, rates will be
slightly less (approximately one half
of one percent) than what that pool
would have provided.
12. How will rates for the new
pool be calculated?
The methodology will be the same as
Oregon Public Employees Retirement System
9/21/01
f
13. Will the State & Local
Government Rate Pool be
responsible for actuarial
liabilities or surpluses that
existed prior to the start
date of the pool?
No. Actuarial liabilities and
surpluses that existed prior to
January 1, 2002, will remain the
responsibility of the individual
employer. None of these prior
liabilities or surpluses will be
passed on to the new pool. Current
members of the State/Community
College Pool will share the
amortization of any UAL or surplus
in existence prior to the formation of
the new State & Local Government
Rate Pool.
Employers that choose not to join
the State & Local Government Rate
Pool in this enrollment period but do
choose to join in a later year will
also retain sole responsibility for
any actuarial liabilities or surpluses
developed up to the date of the
actuarial period in which they are
enrolled in the pool.
lOB
State & Local Government Rate Pool Q & A
Page 6
14. How will the amount of the
pre-pooling unfunded
actuarial liabilities or
surpluses be determined for
each employer?
Step one will be to set aside from the
pooled liability the amount of
actuarial liability or surplus, by
employer, as reported in the latest
Actuarial Valuation. This is called
the transition liability or surplus.
For employers that joined the Local
Government Rate Pool (LGRP), this
amount will have two components.
One will be the transition amount
determined at the time the employer
joined the LGRP, adjusted for
payments made since that time.
The second will be the amount of
any surplus or unfunded liability
developed by the pool. All these
liabilities or surpluses will become
the responsibility of each individual
employer so that the State & Local
Government Rate Pool will not fund
the costs of liabilities or receive
benefits from surpluses accrued by
local governments prior to pooling.
15. How will these transition
actuarial liabilities or
surpluses -be eliminated?
For those employers joining the pool
Oregon Public Employees Retirement System
9/21/01
T
is possible regardless of whether or
not the employer joins the State &
Local Government Rate Pool. By
reducing or eliminating the
unfunded actuarial liability, the
employer's rate will be reduced, and
the likelihood of increases in the
UAL will be reduced. OAR 459-007-
0530 defines this process.
For employers that want to make a
Supplemental UAL payment, PERS
will ask employers to provide a
notice of the amount they intend to
pay, at least 30 days prior to
payment. The PERS actuary will
then recalculate the employer's rate
with an effective date that will
coincide with the first of the month
following the date of the payment.
This methodology gives employers
the ability to time their payments
and also allows PERS to give
employer's prompt credit for their
payments through a reduced
employer rate.
17. How will actuarial gains
and losses that arise after
employers enter the pool be
treated?
The actuarial gains and losses
arising on or after the employer
lOB
State & Local Government Rate Pool Q & A
Page 8
enters the State & Local
Government Rate Pool will become
surpluses or liabilities of the pool.
These actuarial surpluses or
liabilities will be averaged and
amortized over the Board approved
amortization period. The pooled
component of each employer's rate
will be adjusted up or down
depending on whether the pool had
a net surplus or liability. This
methodology is the same as that
used for each individual employer.
The only difference is that gains and
losses in a pool are shared.
Those employers who join the pool
in future years will have their
"pooled" employer rate adjusted so
that the actuarial gains or losses of
the pool that accrued prior to the
employer's entry date, will not be
included in the joining employer's
rate.
18. What will happen to the
balances in the individual
employer contribution
accounts if the local
governments are pooled?
The local government contribution
account balances will be
consolidated into one contribution
account for all local governments
Oregon Public Employees Retirement System
9/21/01
r
benefit for the member. Currently,
these "unused" employer
contributions are used to offset
other pension obligations of the
individual employer.
Statute may allow the Board to
standardize the base payroll to
which the employer rate is applied
regardless of whether the employer
picks-up their employees'
contribution or not. This base
payroll will not include the
employee's contribution amount
even if the employer picks-up the
employees contribution. By using a
standardized payroll base, the pick-
up premium will be eliminated.
PLEASE NOTE: This potential
solution is not part of the Oregon
Administrative Rule on pooling.
Because it would effect other pools
(primarily the school district pool) it
will be addressed as a separate rule.
Implementation of this solution will
depend on the successful
development of that second rule.
20. What costs will be included
in the State & Local
Government Rate Pool's
employer rate?
The components of the employer
lOB
State & Local Government Rate Pool Q & A
Page 10
rate will be as follows:
1. Normal cost to fully fund the
member's benefit at the time of
projected retirement (pooled)
2. Addition or reduction to amortize
the pool's biennial gains or losses
(pooled)
3. Addition or reduction to
accurately amortize the
transition liability or surplus
amount (not pooled)
4. For members of the Local
Government Rate Pool only, an
addition or reduction to
accurately amortize the
transition liability or surplus
amount generated by the LGRP.
(pooled among LGRP members)
5. Health Insurance Program costs
(two pooled rates; one for the
State/Community Colleges that
includes RHIA and RIDP A, and
one for all other participants in
the pool that includes only the
RHIA)
These components are no different
than the components that make up
the current local employer rates
except for the addition or reduction
in the rate to amortize the
transition actuarial liabilities or
surpluses. Also; local employer
rates currently have a 6% floor no
matter how well-funded the
Oregon Public Employees Retirement System
9/21/01
~
balances are not included as part of
the integration or merger
agreement. If there is no prior
service time, all the employer will be
required to pay is the normal cost of
the added staff from the date of the
integration or merger.
However, if prior service is part of
the integration or merger
agreement, the actuarial liability
related to the prior service cost will
be determined and an amortization
schedule will be established, as
outlined earlier in this document,
for the integrating or merging
employer. The pool will not assume
costs related to the prior service or
previous account balances given to
integrating or merging employees.
23.. How are mergers,
consolidations, etc. handled
when one or both of the
combining entities are in the
pool?
Oregon Administrative Rule 459-
009-0070 describe how mergers and
consolidations will be handled. The
employer that results from a merger
or consolidation may join the pool.
If the merger or consolidation
involves one pooled employer and
one non-pooled employer, and the
lOB'
State & Local Government Rate Pool Q & A
Page 12
resulting employer chooses not to
join the pool, the rule describes how
the pooled and non-pooled
employees will be treated as well as
how new employees will be treated.
24. If a mix of employers join the
State and Local Government
Rate Pool, some allowing
and some not allowing sick
leave and accrued vacation
to be used as part of the
benefit calculation formula,
how will the resulting
differences in costs be
divided after pooling begins?
All costs related to the use of
accrued vacation and sick leave in
the calculation of member benefits
will be shared by all participants in
the pool, regardless of whether they
offer this option to their employees
or not. Because the Money Match
calculation does not use sick leave or
accrued vacation in the calculation
of benefits and because Money
Match represents about 95% of the
liability for future retirees, costs
related to this issue should have a
minor impact on the pool.
Oregon Public Employees Retirement System
9/21/01
r
lOB
ATTACHMENT A
ca
Valuation State School Agencies System
Year Agencies Districts (Average) Totals
T
COUNCIL BILL NO. 2363
RESOLUTION NO.
A RESOLUTION ELECTING APPLICATION FOR ENTRY TO THE OREGON
PUBLIC EMPLOYEES RETIREMENT SYSTEM STATE AND LOCAL
GOVERNMENT RATE POOL.
WHEREAS, the 2001 Oregon Legislative Assembly adopted Senate Bill 134
allowing Oregon local government Public Employees Retiree System (PERS) employers to pool
their pension costs with the State of Oregon; and
WHEREAS, the Board of Trustees of the Public Employees Retirement System
has adopted Oregon Administrative Rule 459-009-0070, which allows formation of a State &
Local Government Rate Pool; and
WHEREAS, participation in the State & Local Government Rate Pool has been
determined by this body to be a prudent action; now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Wood bum, OPERS Employer Number 2303, hereby
elects to apply for acceptance into the State & Local Government Rate Pool.
Section 2. That a copy of this resolution will be delivered to the Oregon Public
Employees Retirement System Board of Trustees for acceptance into the State & Local
Government Rate Pool effective with the ~~~riod beginning January 1, 2002.
Approved as to form~'''''''''''' f Y K...-/ J 'l- 1- - Z ~ 0 (
City Attorney Date
APPROVED
RICHARD JENNINGS, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Mayor
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - COUNCIL BILL NO. 2363
RESOLUTION NO.
r
toe
FROM:
MEMO
CttYAWnm~furCo~ilActro~
Julie Moore"}t. ~.Tech ill through Public Works Director
~
TO:
Subject:
No Parking along Cleveland Street west of First Street
DATE:
December 5,2001
RECOMMENDATION:
It is recommended that City Council approve the establishment of a no parking zone along the
north side of Cleveland Street between the crosswalk at First Street and th~ exit driveway for the
Police Department. . '
BACKGROUND:
A request came from the City Safety Committee regarding an area used for parking along the
Cleveland Street side of City Hall. The area in question is between the crosswalk at First St. and
the exit driveway from the Police Department. There is a space of about 20 feet, which a vehicle
can park although no specific parking space bas been marked there like for the rest of the block.
The committee was concerned about increased site visibility problems for police cars when they
exit onto Cleveland Street and a vehicle is parked in that area.
Also, the Manual of Uniform Traffic Control Devices (MUTCD) indicates that standard parking
should be kept 20 feet from a crosswalk.
It is recommended that this area be designated a no parking zone by painting the curb yellow. It
should not be necessary to install a sign.
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MEMO
FROM:
City Council through City Administrator
Julie Moor~ech III through Public Works Director
c:rt- ~
TO:
Subject:
Establishment of No Parking Loading Zone on B street between Broadway and
Cleveland
DATE:
December 5,2001
RECOMMENDATION:
It is recommended City Council approve the establishment of a Loading Zone by restricting the
parking on both sides ofB Street between Broadway and Cleveland Streets.
BACKGROUND:
City Street and Water Divisions have requested No Parking - Loading Zone signs be installed on
B Street between Broadway and Cleveland because of conflicts with parked cars and city crews
moving heavy equipment in and out of the city building. The city owns the property on the west
side ofB Street, where heavy equipment is stored and moved in and out onto B Street There is a
distributing business on the east side, which does shipping and receiving.
Situated between Young Street and Cleveland Street, B Street has a 40-ft. right-of.wayand a 24-
ft. paved width. The adjoining property is zoned mostly Light Industrial (IL). The east side ofB
Street between Broadway and Young Streets is already posted for No Parking, however there are
no parking restrictions between Broadway and Cleveland Streets. The visibility in this area is
restricted by the tall industrial buildings, which are close to the right-of-way. Additional hazards
are present due to the close proximity of the railroad tracks to the south side of the buildings.
It is recommended that No Parking Loading Zone signs be installed on both sides ofB Street
between Broadway and Cleveland Streets.
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MEMO
SUBJECT:
City Council through City Administrat~
Public Works Program Manage4
City of Woodburn Bid Number 22-17 for Sale and Relocation of a
House
TO:
FROM:
DATE:
December 5, 2001
RECOMMENDATION:
Reject all bids for City of Woodburn Bid Number 22-17 for sale and relocation of a house.
BACKGROUND:
City of Woodburn Bid Number 22-17 for sale and relocation of the house located on city
property at 828 Parr Road was opened and read at 2:00 p.m. on December 4, 2001. The
results were:
Bidder
Amount
Wes Toran
Emmert International
$501.00
$500.00
The high bidder was not responsive since insurance information and a bid bond were not
provided. The other responsive bid was less than desired for the house and staff
recommends that all bids be rejected. Staff will reevaluate available options and it is
possible that a request for bid may be advertised again in the spring when conditions for
a more competitive process may be better.
10E
MEMO
FROM:
City Council through City Administrator
-_.~~.,
Public Works Program Manager~"<;;
TO:
SUBJECT: Selection of Consultant to Complete Water Treatment Plant Design and
Construction Engineering
DATE:
December 5,2001
The city advertised in September 2001 for qualifications of consulting firms to provide
professional engineering services for design and construction engineering for the water
treatment project. The city received qualification statements from three firms who were
all determined to be qualified to submit proposals. The firms selected to submit
proposals were:
HDR Engineering, Inc.
Kennedy Jenks Consultants
Murray Smith and Associates, Inc.
The three firms prepared detailed proposals in accordance with a city prepared request
for proposal which were then received on November 15, 2001. The detailed proposals
were reviewed in detail and evaluated by city staff. In addition, individual interviews
were conducted with each of the competing firms.
Staff will present its selection to the Water Master Plan Committee for their approval.
With the committee's concurrence with staffs consultant selection a contract and scope
of work will be negotiated with the selected consultant. The completed contract with
the scope of work will be presented to Council in January 2002 for approval.
1
lOG
MEMO
FROM:
City Council through City Administrator ~
Public Works Program Manager ~
TO:
SUBJECT:
Capital Purchase Grant Agreement for Paratransit Van
DATE:
December 5, 2001
RECOMMENDATION:
Approve the attached resolution entering into ODOT Grant Agreement No. 20207 with
the State of Oregon for capital purchase assistance for a new paratransit van and
authorizing the mayor and city recorder to sign the agreement on behalf of the city.
BACKGROUND:
The city has in the past received capital purchase assistance for transit vehicles from
the Federal Transit Administration's Section 5311 program for small cities and rural
areas. These federal funds are administered by the Oregon Department of
Transportation and the city has a paratransit van purchase identified in the September
2001 update to the ODOT Statewide Transportation Improvement Program. This
agreement provides for $42,621.00 in assistance for the purchase of a paratransit
van.
The agreement does provide a better match ratio than has been standard for these
agreements. The city match is 10.27% compared to the 20% that has been normal
in federally funded capital purchase grants. The reason for the reduced rate is that
federal Special Transportation Program (STP) funds are being transferred to the Federal
Transit Administration's Section 5311 program for small cities and rural areas for this
capital purchase program. The STP funds carry the lower match requirement with
them.
The agreement is similar in content to an operating assistance a~reement that the city
entered into in August 2001. The city attorney has reviewed and signed the
agreement. Staff recommends that the resolution authorizing entering into the
agreement be approved.
~
lOG
COUNCil Bill NO. 2364
RESOLUTION NO.
A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 20207 WITH THE STATE
OF OREGON AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH
AGREEMENT.
WHEREAS, the State of Oregon acting through the, O,regon Transportation
Commission is authorized to enter into agreements and disburse funds for the purpose
of supporting public transportation pursuant to ORS 184.670 to 184.733, and
WHEREAS, the City of Woodburn applied for public transportation capital
assistance funds for Fiscal Years 1999-2001 under Title 49, United States Code,
Chapter 5311, Small City and Rural Areas Program, and
WHEREAS, the State of Oregon, Department of Transportation, has been
designated to evaluate and select recipients of assistance from federal funds available
under the Small City and Rural Areas Program, to coordinate grant applications ~nd
to administer the disbursement of the federal assistance, and
WHEREAS, the State of Oregon, Department of Transportation, has approved
$42,621 .00 for capital assistance for the City of Woodburn from Special
Transportation Program transfers which are part of the Federal Fiscal Year 2001 49
, ,
U.S.C. 5311 Non-Urban Formula, NOW THEREFORE;
THE CITY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the City of Woodburn enter into Grant Agreement No. 20207,
which is affixed as Attachment "A II and by this reference incorporated herein, with the
State of Oregon acting by and through its Department of Tran~portation to secure
Federal Special Transportation Program funds which are part of the Federal Fiscal Year
2001 49 U.S.C. 5311 Non-Urban Formula for the purpose of supporting public
transportation.
Page 1-
COUNCIL BILL NO. 2364
RESOLUTION NO.
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Section 2. That the Mayor and City Recorder of the City of Woodburn are
authorized to sign said agreement on behalf of the City.
Approved as to form: en · <lr't t"i'VO
City Attorney
1 z- s - '2.. 0 0 \
Date
APPROVED:
Richard Jennings, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
lOG
ODOT Agreement Number: 20207
Small City and Rural Areas (5311) STP Transfer
PUBLIC TRANSIT DIVISION
OREGON DEPARTMENT OF TRANSPORTATION
ODOT GRANT AGREEMENT No. 20207
THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting
by and through its Department of Transportation, hereinafter referred to as "ODOT"; and City of
Woodburn, hereinafter referred to as "Recipient". Recipient enters into this agreement with ODOT to
secure financial assistance to complete the activities described in Exhibit B, attached hereto and by this
reference made a part hereof.
RECITALS
By the authority granted in ORS 190.110 and 283.110, state agencies may enter into agreements with
units of local government or other state agencies for the performance of any or all functions and
activities that a party to the agreement, its officers, or agents have the authority to perform. The State
of Oregon acting through the Oregon Transportation Commission is authorized to enter into
agreements and disburse funds for the purpose of supporting public transportation pursuant to ORS
184.670 to 184.733.
This agreement is based upon and is subject to Oregon Revised Statutes (ORS), Oregon Administrative
Rules, and Federal Transit Administration regulations such as those contained in ORS 323.455, ORS
391.800 through 391.830 and FTA Circular 9040. IE including all associated references and citations.
From time to time these laws, rules and regulations may be amended and ODOT reserves the right to
amend this agreement if it is affected. ODOT will provide thirty days notice of impending changes
and will prepare a supplemental agreement incorporating the changes to be executed by the parties.
The following documents are incorporated by reference and made part ofthis grant agreement:
Agreement Obligations and General Provisions, Exhibits A and B, and Fiscal Year 2001 Annual
List of Certifications and Assurances for Federal Transit Administration Grants. These
certifications and assurances are used in connection with all Federal assistance programs administered
by FT A during Federal Fiscal Year 2000. These certifications and assurances include all annual
certifications required by 49 U.S.c. 5311 Non-Urban Formula.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by
and between the parties hereto as follows:
TERMS OF AGREEMENT:
1. Payment shall not exceed $42,621.00, as described in Exhibit B, Project Description and Budget.
2. This agreement is to begin on July 1, 2001, unless otherwise terminated, pursuant to this
agreement and shall expire on June 30, 2003.
Page 1 of 14
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ODOT Agreement Number: 20207
Small City and Rural Areas (5311) STP Transfer
IN WITNESS WHEREOF, the parties have set their hands and affixed their seals as of the day and
year hereinafter written.
The Oregon Transportation Commission on March 18, 1999 approved Subdelegation Order No. 14, in
which the Director delegates the authority to conduct the following day-to-day operations to the Public
Transit Division Manager:
I. Approve and execute grant agreements, certifications and assurances, amendments and reports
for receipt of funding for Federal Transit Administration Programs included in the STIP.
2. Execute Oregon Transportation Commission intergovernmental agreements and grants for
special payments to local governments and other non-profit units and operators of public
transportation services for disbursement of state and federal funds for public transit programs.
The Division Manager will maintain a listing of all intergovernmental agreements and grants
and submit a quarterly report to the OTe.
City of Woodburn
270 Montgomery St.
Woodburn OR 97071
Oregon Department of Transportation
Public Transit Division
555 13th St. NE, Suite 3
Salem, Oregon 97301-4179
Martin W. Loring
Name
Manager, Public Transit Division
Title
Date
Date
Recipient's Legal Counsel
(I f required in local process only)
Date
Name
Title
Date
Name
Title
Date
Page 2 of 14
~ lOG
ODOT Agreement Number: 20207
Small City and Rural Areas (5311) STP Transfer
Aereement Oblieations and General Provisions
I. RECIPIENT OBLIGATIONS
A. General Requirements
1. Recipient shall conduct activities that substantially conform to the description in
Exhibit B, Project Description and Budget. Recipient shall notify ODOT in writing of
changes in these activities prior to performing any changes and will not perform any
changes to the activities listed in Exhibit B without specific written approval from
ODOT.
2. Recipient shall make purchases of any equipment, materials, or services pursuant to
this agreement under procedures consistent with Administrative rules (OAR
Chapter 125) for the Oregon Department of Administrative Services and Oregon
State Law and in conformance to FTA C4220.1D, Third Party Contracting
Requirements, ensuring that
. all applicable clauses required by Federal Statute, executive orders and their
implementing regulations are included in each competitive procurement;
. all procurement transactions are conducted in a manner providing full and open
competition;
. procurements exclude the use of statutorily or administratively imposed instate or
geographic preference in the evaluation of bids or proposals (with exception of
locally controlled licensing requirements);
. contracts will not exceed a period of five years without prior approval ofFTA,
and;
. Architectural & Engineering procurements are based on Brooks Act procedures
unless the state has adopted a statute that governs such procurements.
Recipient is responsible for submission of any draft sub-agreements and contracts
associated with this grant to ODOT for review and approval. Best Practices
Procurement Manual, a technical assistance manual prepared by the FT A, is available
on the FT A website: www.fta.dot.gov
3. Recipient agrees to comply with all federal, state, and local laws, regulations, executive
orders and ordinances applicable to the work under this agreement, including, without
limitation, the provisions ofORS 279.312, 279.314, 279.316, 279.320, 279.555, and OAR
Chapter 125 which hereby are incorporated by reference. Without limiting the generality
ofthe foregoing, recipient expressly agrees to comply with (I) title VI of Civil Rights Act
of 1963; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with
Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rules
established pursuant to the foregoing laws; and (v) all other applicable requirements of
federal and state civil rights and rehabilitation statutes, rules and regulations.
4. Recipient shall permit ODOT, the Secretary of State, the Comptroller General of the
United States, the US Department of Transportation, or their authorized representative,
Page 3 of 14
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ODOT Agreement Number: 20207
Small City and Rural Areas (5311) STP Transfer
upon reasonable notice, to inspect all vehicles, real property, facilities, equipment
purchased by the recipient as part of the project, and/or transportation services rendered
by recipient, sub-recipient and/or any subcontractor acting on behalf of the recipient.
Recipient shall permit the above named persons to audit the books, records, and accounts
of recipient relating to the project.
5. Recipient shall maintain all required records for at least three years after ODOT's final
payment, final disposition of grant financed property or equipment, and all other
pending matters have been resolved, whichever comes later.
6. Recipient shall defend, save and hold harmless the State of Oregon, including the
Oregon Transportation Commission, the Department of Transportation, and their
members, officers, agents, and employees from all claims, suits, actions of whatsoever
nature resulting from or arising out of the activities of Recipient or its subcontractors,
agents or employees under this agreement. Recipient shall not be required to indemnify
ODOT for any such liability arising out of negligent acts or omissions of the State of
Oregon, its employees, or representatives. This provision is subject to the limitations, if
applicable, set forth in Article XI, Section 10 of the Oregon Constitution and in the
Oregon Tort Claims Act, ORS 30.260 to 30.300.
7. Recipient acknowledges and agrees that the Federal Government, absent express written
consent by the Federal Government, is not a party to this contract and shall not be subject
to any obligations or liabilities to the Recipient, contractor or any other party (whether or
not a party to the contract) pertaining to any matter resulting from the underlying contract.
8. Recipient shall perform the service under this agreement as an independent contractor and
shall be exclusively responsible for all costs and expenses related to its employment of
individuals to perform the work under this agreement, including but not limited to PERS
contributions, workers' compensation, unemployment taxes, and state and federal income
tax withholdings.
9. Recipient's officers, employees, or agents shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, potential contractors, or parties to
sub-agreements. No member or delegate to the Congress of the United States or State of
Oregon employee shall be admitted to any share or part of this agreement or any benefit
arising therefrom.
10. In accepting this agreement, Recipient certifies that neither Recipient nor its principals is
presently debarred, suspended, or voluntarily excluded from this Federally-assisted
transaction, or proposed for debarment, declared ineligible or voluntarily excluded from
participating in this agreement by any state or federal agency. Recipient must provide
notice to the State if at any time it learns that this certification is erroneous when
submitted or if circumstances have changed (new personnel, indictments, convictions,
etc.).
11. Recipient shall complete all purchases of property or equipment prior to the expiration
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date of this agreement. If local circumstances prevent the purchase by the specified date,
the Recipient will notify ODOT in writing ofthe delay and reason for delay. Contract
amendment for time will be considered in extenuating circumstances.
12. Any recipient of grant funds, pursuant to this agreement with the State, shall assume sole
liability for that recipient's breach of the conditions of the grant, and shall, upon
recipient's breach of grant conditions that requires the State to return funds to the Grantor,
hold harmless and indemnify the State for an amount equal to the funds received under
this agreement; or if legal limitations apply to the indemnification ability of the recipient
of grant funds, the indemnification amount shall be the maximum amount of funds
available for expenditure, including any available contingency funds or other available
non-appropriated funds, up to the amount received under this agreement.
B. Audit Requirements
1. Annual OMB A-B3 Audit Recipients receiving Federal funds in excess of $300,000 are
subject to audit conducted in accordance with Office of Management and Budget (OMB)
Circular A-133, Audits of States, Local Governments, and Non-profit Institutions.
Recipient, if affected by this requirement, shall at Recipient's own expense, submit to
ODOT, Public Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, an
annual audit covering the funds expended under this agreement and shall submit or cause
to be submitted, the annual audit of any subcontractor of Recipient responsible for the
financial management of funds received under this agreement.
2. Other Annual Audit. Recipient shall, at Recipient's own expense, submit to ODOT,
Public Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, a copy of any
annual audit covering the funds expended under this agreement by Recipient or any
subcontractor of Recipient receiving funds as a result of this agreement that is performed
due to state law or regulation, or conducted as an independent activity.
3. Management letter. Recipient shall also, at Recipient's own expense, submit to ODOT,
Public Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, a copy of the
management letter and/or report that accompanies an annual audit covering the funds
expended under this agreement by Recipient or any subcontractor of Recipient receiving
funds as a result of this agreement.
4. Audits. Recipient acknowledges and agrees that ODOT, the federal government, and
their duly authorized representatives shall have access to the books, documents, papers,
and records of Recipient which are directly pertinent to the specific agreement for the
purpose of making audit, examination, excerpts, and transcripts. Recipient shall permit
ODOT to audit and review Recipient's financial records, management and program
systems, and any associated records.
5. Pre-Award and Post-Delivery Review. Every Recipient who purchases rolling stock,
other than sedans or unmodified vans, must certify that a pre-award and post-deliver
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review has been conducted in accordance with the Pre-Award and Post-Delivery Review
Regulation, 49 CFR Part 663. This review ensures compliance to bid specifications, Buy
America, and Federal Motor Carrier Safety Standards.
C. Other Federal Requirements. One ofthe principles of contracting with Federal funds
received indirectly from FT A is recognition that, as a condition of receiving the funds,
certain specific requirements must be met not only by the Recipient, but also by any sub-
recipients and contractors. To the extent applicable, Federal requirements extend to the
third party contractors and their contracts at every tier and sub-recipients and their sub-
agreements at every tier. The specific requirements for particular grant funds is found in the
Master Agreement that is signed and attested to by ODOT. This Master Agreement is
incorporated by reference and made part of this grant agreement. Said Master Agreement is
available upon request from Public Transit Division by calling (503) 986-3300.
The following is not a complete list of Federal requirements, rather is a summary of
various primary requirements associated with the type of transaction covered by this
grant, as defined in Attachment A.
1. Recipient shall comply with Title VI of the Civil Rights Act of 1964 (78 Stat 252; 42
USC 2000d) and the regulations of the United States Dep3.rtment of Transportation (49
CFR 21, Subtitle A). Recipient shall exclude no person on the grounds of race,
religion, color, sex, age, national origin, or disability from the benefits of aid received
under this agreement. Recipient will report to ODOT on at least an annual basis the
following information: any active lawsuits or complaints, including dates, summary of
allegation, status of lawsuit or complaint including whether the parties entered into a
consent decree.
Recipient shall Comply with FTA regulation in Title 49 C.F.R. 27.9,
"Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving
or Benefiting from Federal Financial Assistance" which implements the Rehabilitation
Act of 1973, as amended, and the Americans with Disabilities Act of 1990, and 49
CFR parts 37 and 38.
If non-accessible vehicles are being purchased for use by a public entity in demand
responsive service for the general public, the State will obtain from the subrecipient a
"Certification of Equivalent Service," which states that when viewed in its entirety
the public entity's demand responsive service offered to persons with disabilities,
including persons who use wheelchairs, meets the standard of equivalent service set
forth in 40 CFR section 37.77(c).
Recipient shall comply with the following service provisions, as appropriate:
. Maintenance of accessible features
. Procedures to ensure lift availability
. Lift and securement use
. Announcements on vehicles of stops on fixed-route systems
. Vehicle identification system
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. Service animals
. Use of accessibility features
. Public information/communication
. Lift deployment at any designated stop
. Service to persons using respirators or portable oxygen
. Adequate time for boardingldeboarding
. Training
2. Recipient has, to the maximum extent feasible, coordinated with other transportation
providers and users, including social service agencies authorized to purchase transit
servIce.
3. Recipient has complied with the transit employee protective provisions of 49 U.S.C.
5333(b ).
4. Recipient will comply with applicable provisions of 49 CFR part 605 pertaining to
school transportation operations. "Tripper services" that are part of the routine
schedule and are open to the general public are not considered to be school bus services.
5. Recipient will correct any condition which State or FTA believes "creates a serious
hazard of death or injury" in accordance with Section 22 ofthe Federal Transit Act of
1964, as amended.
6. Recipient will comply with the applicable provisions of 49 CFR part 26 related to
Disadvantaged Business Enterprise. Each contract the grantee signs with the
contractor (and each subcontract the prime contractor signs with a subcontractor) must
include the following assurance:
"The contractor, sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of ODOT -assisted contracts. Failure by the contractor to cany out these
requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy, as the recipient deems appropriate.".
7. Recipient has certified to the state that it will comply with 49 CFR part 604 in the
provision of any charter service provided with equipment or facilities acquired with
FT A assistance.
8. Recipient and contractors receiving in excess of $100,000 jn Federal funds must certify
to OOOT that they have not and will not use Federal funds to pay for influencing or
attempting to influence an office or employee of any Federal department or agency, a
member or Congress, or an employee of a member of Congress in connection with
obtaining any Federal grant, cooperative agreement or any other Federal award. If non-
federal funds have been used to support lobbying activities in connection with the
project complete Standard Form LLL, "Disclosure Form to Report Lobbying" and
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submit the form to ODOT at the end of each calendar quarter in which there occurs an
event that requires disclosure. Restrictions on lobbying do not apply to influencing
policy decisions. Examples of prohibited activities include seeking support for a
particular application or bid and seeking a congressional earmark.
9. Recipients, sub-recipients and their contractors with safety sensitive employees (except
maintenance contractors) shall comply with the drug and alcohol testing regulations
as defined by Prevention of Prohibited Drug Use in Transit Operations (49 CFT 653);
Prevention of Alcohol Misuse in Transit Operations (49 CFT 654) and Procedures of
Transportation Workplace Drug and Alcohol Testing Programs (49 CFR 40).
Procedures include written policies, training, record keeping, and MIS annual reports
submitted to ODOT. In addition, the Recipient agrees to comply with, and ensures the
compliance of its employees, sub-recipients and contractors with, information
restrictions and other applicable requirements of the Privacy Act of 1974,5 U.S.c. 552.
II. ODOT OBLIGATIONS
A. ODOT shall reimburse eligible costs incurred in carrying out the project subject to the
amounts shown in Exhibit B. Such reimbursement shall not exceed the agreement
amount.
B. ODOT certifies, at the time this agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this agreement within
ODOT's current appropriation or limitation of current biennial budget.
C. ODOT reserves the right to withhold payment of funds if there are unresolved audit
findings, or inad~quate information concerning recipient activities. ODOT reserves the
rights to reallocate any portion of the agreement amount which based on its estimate will
not be used by Recipient.
III. GENERAL PROVISIONS
Recipient, its subcontractors, if any, and all employers "working under this agreement are subject
employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which
requires them to provide workers' compensation coverage for all their subject workers, unless such
employers are exempt under ORS 656.126. Recipient shall ensure that each of its contractors complies
with these requirements.
A. Any recipient of grant funds, pursuant to this agreement with the state, shall assume sole
liability for that recipient's breach ofthe conditions of the grant, and shall, upon
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recipient's breach of grant conditions that requires the state to return funds to the
grantor, hold harmless and indemnify the state for an amount equal to the funds received
under this agreement; or if legal limitations apply to the indemnification ability of the
recipient of grant funds, the indemnification amount shall be the maximum amount of
funds available for expenditure, including any available contingency funds or other
available non-appropriated funds, up to the amount received under this agreement.
B. This agreement may be terminated by mutual written consent. OOOT may terminate
this agreement, in whole or in part, effective upon delivery of written notice to
Recipient, or at such later date as may be established by OOOT, under any of the
following conditions, but not limited to these conditions. Any termination ofthis
agreement shall not prejudice any rights or obligations accrued to the parties prior to
termination.
I. If recipient fails to provide services called for by this agreement within the time
specified herein or any extension thereof; or
2. If Recipient fails to perform any ofthe other provisions of this agreement, or so
fails to pursue the work as to endanger performance of this agreement in
accordance with its terms, and after receipt of written notice from OOOT fails to
correct such failures within 10 days or such longer period as OOOT may authorize;
or
3. If OOOT fails to receive funding, or appropriations, limitations or other
expenditure authority at levels sufficient to pay for the work provided in the
agreement; or
4. The requisite local funding to continue this project becomes unavailable to
Recipient; or
5. Federal or State Laws, rules, regulation or guidelines are modified, changed, or
interpreted in such a way that the financial assistance or purchase of equipment
provided for in the agreement is no longer allowable or is no longer eligible for
funding proposed by this agreement; or
6. Both parties agree that continuation of the Project would not produce results
commensurate with the further expenditure of funds; or
7. Recipient takes any action pertaining to this agreement without the approval of
OOOT and which under the provisions of this agreement would have required the
approval of OOOT; or
8. The commencement, prosecution, or timely completion of the project by Recipient
is, for any reason, rendered improbable, impossible, illegal; or
9. Recipient is in default under any provision of this agreement.
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C. Recipient acknowledges and agrees that ODOT, the Secretary of State's Office of the
State of Oregon, the federal government, and their duly authorized representatives
shall have access to the books, documents, papers, and records of recipient which are
directly pertinent to the specific agreement for the purpose of making audit,
examination, excerpts, and transcripts for a period of three years after final payment.
Copies of applicable records shall be made available upon request. Payment for costs of
copies is reimbursable by ODOT.
D. This agreement may be revised or amended by a supplemental written agreement
between the parties and executed with the same formalities as this agreement.
E. This agreement and attached and referenced exhibits constitute the entire agreement
between the parties on the subject matter hereof. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this
agreement. No waiver, consent, modification or change of terms ofthis agreement shall
bind either party unless in writing and signed by both parties and all necessary approvals
have been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure of
ODOT to enforce any provision of this agreement shall not constitute a waiver by
ODOT of that or any other provision.
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EXHIBIT A
FY 2001- 02 FINANCIAL INFORMATION
The information below will assist auditors to prepare a report in compliance with the requirements of
the Office of Management and Budget (OMB) Circular A-133.
This grant is financed by the funding source(s) as indicated below:
Federal Program State Program Title
Title State funds available through ORS 323.455
Federal Funds Available through: and ORS 391.800 through 390.830.
49 V.S.C. 5311 Small City and Rural Areas Special Transportation Discretionary Fund
Program
Federal Catalogue Number:
20.509
Federal Grant Number: State Grant Number:
OR180018 N/A
Total Federal Funding Total State Funding
$42,621.00 N/A
Federal Funding Agency State Funding Agency
V.S. Department of Transportation Oregon Department of Transportation
Federal Transit Administration Public Transit Division
Region X Mill Creek Office Park
Suite 3142 555 13th Street NE, Suite 3
Federal Building Salem, OR 97301-4179
915 Second Avenue
Seattle, W A 98174
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Exhibit B
Part I
Project Description and Budget
Project Description Agreement Local Total
Amount* Share
1 accessible small bus or van inc1d. $42,621.00 $4,879.00 $47,500.00
Related equip. & expenses / STIP
Key # 11631
TOTAL $42,621.00 $4,879.00 $47,500.00
* STP Transfers to 5311 (89.73/10.27% match)
EXHIBIT B
Part II
The following provisions apply:
A. Capital Grants
1. Vehicle or other capital purchase
a) ODOT may, with parties' mutual consent, purchase equipment on Recipient's
behalf.
b) This project is subject to an 89.73/10.27% grant/match ratio meaning that
ODOT contributes up to 89.73 percent of the approved project cost, not to
exceed the agreement amount. In the event that actual cost differs from
estimated cost, the following applies:
I) Actual cost is less'than estimated cost - The State shall contribute up to
89.73 percent of the actual cost.
2) Actual cost is more than estimated cost: The State's contribution is limited to
89.73 percent of the actual cost or the agreement amount, which ever is less.
c) Recipient shall be shown as the owner on the equipment title. ODOT shall be
shown as the first security interest holder. If Recipient fails to show ODOT as
the first security interest holder, Recipient shall pay any expenses to re-submit
the necessary documents to DMV.
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d) Recipient shall bear the cost of insuring vehicles purchased under this
agreement. Recipient shall maintain, in amounts and form satisfactory to ODOT,
such insurance or self-insurance as will be adequate to protect Recipient, vehicle
drivers and assistants, vehicle occupants, and protect equipment through the
period of use. At a minimum, this shall include comprehensive and collision
insurance adequate to repair or replace property and equipment if
damaged or destroyed, liability insurance of $10,000 for property damage,
$25,000 for bodily injury per person, $50,000 bodily injury per occasion,
uninsured motorist protection, and personal injury protection as required
by ORS Chapter 806. Recipient shall be responsible for all deductibles or self-
insured retention. Recipient shall include the Oregon Department of
Transportation, Public Transit Division as "Additional Insured".
2. Operations
a) Recipient shall track and document performance statistics, and submit quarterly
performance reports as specified by ODOT.
b) Recipient shall use the equipment to meet the transportation needs of small-city
and rural areas. Incidental use ofthe vehicle(s) (e.g., for meal delivery) is
permissible to the extent that such use does not interfere with the primary use of
the vehicle.
c) Recipient shall permit ODOT, the US Department of Transportation, or their
authorized representatives, to inspect all vehicles, real property, or equipment
purchased by the Recipient or any subcontractor acting on its behalf as part of
the project.
d) Records of maintenance to manufacturer's specifications shall be kept.
Recipient will have to either send copies of maintenance records to ODOT,
and/or provide records for review at Recipient's site. Equipment shall be
maintained to be clean, safe, and mechanically sound.
e) Recipient shall ensure that all drivers of rolling stock have a valid Oregon
driver's license and shall have passed a defensive driving course or bus driver's
training course.
f) All vehicles purchased in part or in whole with grant funds provided through the
ODOT - Public Transit Division shall display the Oregon Transportation
Network (OTN) Logo in a manner that is clearly visible to the public. Each
vehicle shall display at least one OTN Logo, while additional OTN Logos may
be displayed at the operator's discretion. One logo per funded vehicle will be
provided at no charge from the ODOT - Public Transit Division, with additional
logos available for purchase by the transportation provider.
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3. Disposal
a) Recipient shall notify ODOT of its intent to dispose of project equipment.
Recipient's interest in equipment is defined to be a share of the fair market value
in direct proportion to Recipient's contribution toward purchase cost.
b) Recipient shall follow ODOT's instructions regarding disposition which may
include:
1) Transfer of property to ODOT or another entity with compensation for
Recipient's interest in the property; or,
2) Transfer to a separate entity with compensation for Recipient's interest;
or,
3) Sale to the public with ODOT and Recipient dividing the proceeds ofthe
sale according to their respective interest in the purchase cost.
4. Termination
a) Upon disposition of all project property and equipment purchased, ODOT shall
notify Recipient that agreement is terminated.
b) For non-use of the equipment for more than ninety (90) consecutive calendar
days, ODOT may, by written notice to Recipient, take possession and process its
transfer or disposal.
c) If this agreement is terminated for cause Recipient shall deliver project property
or equipment within twenty-four (24) hours to ODOT at its offices in Salem, or
to another agreed upon location. ODOT shall transfer, sell or dispose ofthe
property or equipment and distribute any funds due to Recipient.
Page 14 of 14
tOE
MEMO
FromffleOfficeifffleOryA~rn~
SUBJECT:
MAYOR AND CITY COUNCIL
N. ROBERT SHIELDS, CITY ATIORNEY ~ Ilt )
GOVERNMENT LAW SECTION ELECTION
TO:
FROM:
DATE:
DECEMBER 5, 2001
At the year 2001 annual meeting, I was elected Chair Elect of the Government Law Section of
the Oregon State Bar for the year 2002. The Government Law Section is a statewide group of
approximately 500 lawyers engaged in the practice of city, county, state and federal government
law. I am honored to serve in this position and believe that it benefits both me and the City.
SL-t.. ~ ~
~
lOF
December 10, 2001
TO:
FROM:
SUBJECT:
Honorable Mayor and City council~
John C. Brown, City Administrator
Cancellation of December 24, 2001 Meeting
Recommendation:
It is recommended the City Council cancel its December 24, 2001 meeting.
Background:
Pursuant to City Charter, the City Council is required to meet regularly, at least
once a month. The Council usually meets twice monthly, and more often as
necessary, to conduct City business. The Council occasionally cancels a meeting,
due to holiday schedules or lack of business.
Discussion:
December 24th is a City Holiday, which begins at noon on the 24th and runs
through Christmas Day, December 25th. Because your second meeting in
December falls on December 24th, and because the 24th is a City Holiday, it is
recommended your Council cancel that meeting. This action is consistent with
the Council's past practice of canceling its second December meeting.
JCB
14A
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Date:
December 10, 2001
From:
Honorable Mayor and City Council thru City Administrator
Jim Mulder, Director of Community Development/!trl
Planning Commission's Action on Site Plan Rev~w 01-09, a request to
establish a construction service headquarters consisting of an office
and shop.
To:
Subject:
At their special meeting on December 6, 2001, the Planning Commission adopted a
final order denying a Site Plan Review request by Kerr Contractors to establish its
construction service headquarters with an office and shop on an industrial property on
the northeast end of the city. This decision is final unless the City Council calls this
decision up for review.
Applicant &
Property Owner:
Kerr Contractors, Inc.
19350 SW 89th Avenue
Tualatin, OR 97062
NATURE OF THE APPLICATION: The applicant propo$ed to construct a contractor's
office and an equipment storage building on an industrial property located in the
northeast portion of the City. The proposed development would serve as the
headquarters for the Kerr Contractors construction company.
RELEVANT FACTS: The subject property is located adjacent to the north city limit
between Front Street and Soones Ferry Road, approximately 800 feet south of Crosby
Road. The property is addressed at 395 Shenandoah Lane, further identified on Marion
County Assessor Maps as Township 5 South, Range 1 West, Section 5C, Tax Lot 1000.
The applicant proposed to construct an 8,300 square-foot office building and a 20,000
square-foot equipment shop as part of this development. The office was proposed to be
located on the most northeasterly section of the subject property, and the shop to the
west (rear) of the office. The office was proposed to be 16 feet in height, and the shop
24 feet in height. There is an existing building on the subject property approximately
100 feet south of the proposed development area. This building consists of a
previously-used single-family home with an attached garage. The applicant proposed to
use the single-family structure for additional storage and remove the garage. Without
the garage, this structure would be approximately 1,800 square feet in size.
1
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14A
The size of the property is 11.11 acres, and the development was proposed to occupy
2.6 acres. The portion of the site that was proposed to be developed is fairly flat. There
are a number of trees on the property which the applicant proposed to retain. Mill Creek
flows along the property's west side, and there is an approximate 20-foot drop in
elevation at this location as compared to the portion of property with the development
proposal. There was approximately 600 feet between the development and Mill Creek.
Although the Woodburn Local Wetlands Inventory Map does not show wetlands on the
property, it is believed that significant wetlands exist on the western fringe of the subject
property associated with Mill Creek. The Oregon State Division of State Lands, the
agency which regulates wetlands, has been sent notice of this development proposal.
The subject property is zoned Light Industrial (IL) District. The Woodburn City Limit and
Urban Growth Boundary (UGB) extend along the north property line. The adjacent
property to the north is under Marion County's Exclusive Farm Use (EFU) zone, and it is
currently used as farmland. There are a number of adjacent properties to the east. The
most northerly of these is a large parcel with a single-family residence. This property is
outside of the City under Marion County's Urban Transition Farm (UTF) zone and is
within the UGB; this property is designated on the Woodburn Comprehensive Plan Map
as Industrial. The remaining properties to the east are zoned IL and consist of industrial
facilities and a vacant property along the north side of Shenandoah Lane. The adjacent
properties to the west and south are outside of the City and developed with single-family
residences and a portion of the OGA Golf Course. The single-family residences are
under the UTF zone and are within the UGB; these properties are designated on the
Woodburn Comprehensive Plan Map as Industrial as well. The portion of the golf
course outside of the City is under the EFU zone and is outside of the UGB.
Access to the site was proposed from Shenandoah Lane, which is 30 feet wide with a
dirVgravel surface. It is currently substandard for a city street. The subject property is a
large flag lot, and Shenandoah extends to the stem/pole of the lot. The applicant
indicated that the stem has a width of 20 feet. The stem extends along the east
boundary of the three adjacent single-family residential properties. There is an access
easement along the stem, and the three residences share this easement for access to
Shenandoah Lane. The portion of the site that was proposed to be developed is
approximately 1,380 feet from the nearest improved road (Front Street). Approximately
half of that distance is along the dedicated Shenandoah Lane, and half along the 20-
foot pole of the parcel's flag lot.
In November of 2000, the City received notice that large construction equipment and
vehicles were being moved to and stored on the subject property. The City investigated
this and found that the property owner, Kerr Contractors, was in violation of the
Woodburn Zoning Ordinance by locating on the property without Site Plan Review
approval. As a result, a code enforcement case was opened to initiate proceedings to
resolve the violation. The applicant was informed that the equipment and vehicles could
remain on the property if application for Site Plan Review was made and as long as
such application remained pending and was eventually approved. The applicant
applied for Site Plan Review (SPR 00-30) in December of 2000 and granted the City
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14A
several 120-Day extensions to keep the application pending while access issues were
addressed, thereby allowing them to remain on the property in the meantime. In
response to changes to development plans, the application was withdrawn on August
27, 2001 and was replaced with this Site Plan Review application, which was submitted
on August 23, 2001. The code enforcement case remains open, and the applicant is
required to receive Site Plan Review approval in order to close the code enforcement
case and resolve said violation of the Woodburn Zoning Ordinance. Additionally, Site
Plan Review is required because the applicant proposes to construct two structures on
the site.
3
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COUNCIL BILL NO. 2362
!<,Q..c.Q.ivQ.c!
/-z..jlo/ ~ I
7 : t) r) ? Yl"\
ORDINANCE NO.
AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO
DIRECTLINK OF OREGON, INC. AND DECLARING AN EMERGENCY.
WHEREAS, pursuant to Ordinance No. 2093, the City granted a cable television
franchise ("the Prior Franchise") to Northland Cable Television, Inc.; and
WHEREAS, pursuant to Ordinance No. 2211, the Prior Franchise was transferred by the
City from Northland to North Willamette Telecom, Inc.; and
WHEREAS, pursuant to Ordinance No. 2299 (as amended by Ordinance No. 2306) the
City transferred the Prior Franchise from North Willamette to Willamette Broadband, LLC,
contingent upon the completion of certain conditions, one condition of which was the
negotiation of the Franchise granted herein; and
WHEREAS, North Willamette Telecom, Inc became DirectLink of Oregon, Inc.;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The City of Woodburn hereby grants to DirectLink of Oregon, Inc. a cable
television franchise (the "Franchise") under the authority of and in accordance with the
Woodburn City Charter, applicable city ordinances, Oregon state law, the Cable
Communications Policy Act of 1984, as amended by the Cable Communications Policy Act of
1992 and the Telecommunications Act of 1996.
Section 2. The terms and conditions of the Franchise are memorialized in the Cable
Television Franchise Agreement between the City of Woodburn, Oregon and DirectLink of
Oregon, Inc. which is affixed to this Ordinance as Attachment "A" and is by this reference
incorporated herein.
Section 3. The duration of the Franchise shall be ten (10) years, commencing on January
2, 2002 and ending on December 31, 2011.
Section 4. The Franchise shall, on January 2, 2002, replace the Prior Franchise granted
by the City to Northland Cable Television, Inc., pursuant to Ordinance No. 2093 and the terms
and conditions of the Prior Franchise shall have no further legal force and effect.
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Section 5. This ordinance being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist and this ordinance shall take effect
immediately upon passage by the City Council and approval by the Mayor.
Page 1 - COUNCIL BILL NO. 2362
ORDINANCE NO.
r
Approved as to fOrm~' <"h- ~
City Attorney
/2.-10- 200 I
Date
APPROVED:
Richard Jennings, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2362
ORDINANCE NO.
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