Agenda - 10/27/2003
WOODBURN CITY COUNCIL
AGENDA
OCTOBER 27,2003 - 7:00 P.M.
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. The Woodburn Municipal Aquatic Center will be closed
October 27 through November 1 for annual maintenance. It
will reopen on Monday, November 3, 2003
B. The Community Center Task Force Committee will meet on
November 3, 2003 at 7 p.m. at City Hall.
C. There will be a Public Hearing on November 10, 2003 for the
Final LID Assessment for East Hardcastle improvements.
D. There will be a Public Hearing on November 10,2003 to review
the Planning Commission's approval of Design Review 03-12,
Phasing Plan 03-02, and Variance 03-21 (North side of stacey
Alison Way across from Wal-Mart).
E. There will be a Public Hearing on November 10, 2003 to review
the Community Development Director's approval of Zoning
Adjustment 03-03 (1300 Astor Court).
F. The Marion County Board of Commissioners will hold a work
session to discuss Metro's potential industrial expansion south of
Wilsonville on November 10, 2003 at 2 p.m. in the Woodburn
City Council Chambers.
"Habra inrerpretes ~isponibles para aquellas personas que no bablan InolesJ previo acueroo. Comuniquese
al (503)980-2485:'
October 27, 2003
Council Agenda
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G. City Hall and the Woodburn Public Library will be closed
Tuesday, November 11,2003, in observance of Veteran's Day.
The Aquatic Center will be open.
H. The Woodburn Recreation and Parks Board meeting
scheduled for November 11, 2003 has been moved to
November 18, 2003 due to the Veteran's Day holiday.
I. The Woodburn Recreation and Parks Board will conduct a
retreat on November 12, 2003, at 6 p.m. at the WRPD Offices at
160 Cleveland Street.
J. The Woodburn Public Library is celebrating Children's Book
Week, November 17-23. Oregon author and children's
entertainer, Carmen Bernier-Grand, will jump start the fun with
stories, songs, jokes and more in English and Spanish on
November 15, at 1 :30 p.m. On November 22 at 1 :30 p.m. Teen
Ballerinas, Jackie Hunsinger-McConnell and Carrie Boudreau,
will perform dances from The Nutcracker ballet.
K. A Chautauqua program will be presented on Sunday,
November 16, 2003 at 2:00 p.m. at City Hall. The program is
called "Lewis and Clark Meet Oregon's Forests" and is being
presented by naturalist Gail Wells. The program, funded by the
Oregon Council for the Humanities, will explore the influences
of natural disturbances and Native American cultural
practices on the forests Lewis and Clark's Corps of Discovery
encountered. This free program is open to the public.
L. A joint City Council/Planning Commission work session
regarding periodic review will be held on November 17, 2003
at 7 p.m. at City Hall. Members of other city boards and
commissions and fire district and school district representatives
will also be invited.
Appointments:
M. Recreation and Parks Board, Position V.
4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
October 27, 2003
Council Agenda
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Presentations:
A. SMART Program
B. Mayor's Cup Contribution to Teen Scene Program
C. Police Facility Planning Update
2
D. Water Treatment Facilities Status Update (oral presentation
only)
E. Update on the Transportation Systems Plan (oral presentation
only)
5. COMMlnEE REPORTS
A. Chamber of Commerce
B. Woodburn Downtown Association
6. COMMUNICATIONS
A. Letter from Liquor Control Commission regarding Salvador's 4
Bakery III.
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 October 13, 2003, regular 9
and executive sessions
Recommended Action: Approve the Woodburn City Council
minutes.
B. Woodburn Public Library Board minutes of October 8,2003 20
Recommended Action: Accept the Woodburn Public Library
Board minutes.
C. Woodburn Recreation & Park Board draft minutes of October 23
14,2003
Recommended Action: Accept the Woodburn Recreation &
Park Board draft minutes.
October 27, 2003
Council Agenda
Page iii
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D. Woodburn Planning Commission minutes of October 9, 2003 25
Recommended Action: Accept the Woodburn Planning
Commission minutes.
E. West Lincoln Street Improvement Update 30
Recommended Action: Receive the report.
9. TABLED BUSINESS
None.
10. GENERAL BUSINESS
A. Council Bill No. 2478 - Ordinance repealing the schedule of 32
fees and charges for city services adopted in 2002, adopting
the 2003-2004 revised schedule of fees and charges for city
services: providing for the annual review of said fee schedule
and declaring an emergency
Recommended Action: Adopt the ordinance.
B. Council Bill No. 2479 - Ordinance approving Design Review 48
Application Case File No. 03-14 affecting property located at
400 Woodland Avenue: and declaring an emergency
Recommended Action: Adopt the ordinance.
C. Council Bill No. 2480 - Ordinance approving Design Review 63
Application Case No. 03-16 to change the use of a property
located at 770 N. Pacific Highway from an automobile
dealership to a retail business specializing in the sale of
produce: and declaring an emergency
Recommended Action: Adopt the ordinance.
D. Woodburn Police Association Contract 92
Recommended Action: Approve the attached agreement
with the Woodburn Police Association, effective through
June 30, 2005.
E. Bid Award for Ozone Generator 137
Recommended Action: Award bid for ozone generator to
Lincoln Equipment Inc. for $12,193.10.
F. Intergovernmental Agreement for Highway 214 Sidewalk 138
Construction
Recommended Action: Authorize the City Administrator to
execute an intergovernmental agreement with the Oregon
October 27, 2003 Council Agenda Page iv
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Department of Transportation for Highway 214 sidewalk
construction.
11. PUBLIC HEARINGS
A. Supplemental Appropriation and Contingency Transfer 153
Recommended Action: Direct staff to return an ordinance
reflecting the Council's decision following the hearing.
B. Cipriano Ferrel Education Center - Second Public Hearing 156
Recommended Action: Hold a public hearing to review the
results of the Cipriano Ferrel Education Center project with the
citizens of Woodburn to take comments about the City's
performance as part of the grant closeout process.
12. PUBLIC COMMENT
13. NEW BUSINESS
14. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These
are Planning Commission or Administrative Land Use actions that
may be called up by the City Council.
A. Planning Commission's Approval of Design Review 03-18 161
(Warehouse Facility on National Way)
B. Planning Commission's Approval of Conditional Use 03-06 and 162
Design Review 03-13 (2221 N. Pacific Highway)
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) (f).
18. ADJOURNMENT
October 27, 2003
Council Agenda
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WOQDBURN
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October 27, 2003
TO: City Council
FROM: Kathy Figley, Mayor
SUBJECT: Recreation & Park Board Appointment
The following appointment is made to the Recreation & Park Board, subject to
the approval of the Council.
Position V - Ann Meyer - position vacated by Frank Anderson, term ends
12/31/03
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October 21, 2003
FROM:
Mayor and City Council through City Administrator
Scott D. Russell, Chief of Pollee ~
TO:
SUBJECT:
Police Facility Update
RECOMMENDATION:
I nformation only
BACKGROUND:
In City Council goals for 2003-2004 under the heading "Evaluate City Facilities for
Retention, Expansion, Acquisition, and Relocation", your council identified the
planning and organizing for the construction of a new police facility as a key
objective. Staff has been moving forward on the coordination of this project
and is pleased to provide an update on this project for you.
DISCUSSION:
At the outset of this task we determined that a thorough facilities pre-design
project would be needed to meet Council's goals. The objectives of this project
will include:
1. A space needs study
2. Evaluation of the site
3. Preparation of concept level design
4. Project budget analysis
Staff has identified a series of action items that are crucial to the successful
delivery of the project. Usted below are these action items and the timellne for
completion of them:
. Develop and publish Request for Proposal (RFP) for pollee facility needs
assessment and pre-design project (completed September 15, 2(03)
. Evaluate responses to RFP and recommend contract award to City
Council (to be completed November 10, 2(03)
. Award contract (after November 11, 2003)
Agenda Item Review: City Administrato
City Attorney
Finance _
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. Mayor and City Council
10/21/03
Page 2
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. Commence facility needs assessment and pre-design project (ongoing
after November 17, 2003)
. . Form Police Facility Committee (November 2003)
. Begin Police Facility Committee meetings (ongoing after November 18,
2003)
. Present opportunities for public Input and make initial public presentations
(ongoing after January 2004)
. Complete needs assessment, facility pre-deslgn, and make
recommendations to council (April 2004)
A Police Facility Committee has been recommended as a positive way to
obtain citizen input and share Information. While the makeup of this committee
has not yet been determined, former Police Chief Paul Null has expressed an
interest in providing leadership for this committee and former Mayor Richard
Jennings has also expressed an interest In participating. Staff welcomes
Council's commen1s on the potential makeup of this committee. We at the
police department are eager to create a shared vision for this facility with
Council and with the community that It will ultimately serve.
FINANCIAL IMPACT:
General Fund CIP funds are allocated to this project In fiscal 2003-2004 budget
in the amount of $50,000.
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Dregon
REC'O
Liquor Control CommMn
9079 SE McLoughlin Blvd.
Portland, OR 97222-7355
(503) 872-5000
1-800-452-6522
11lY(503) 872-5013
Theodore R. Kulongoski, Governor
ctober 20, 2003
OCT 2 1 2003
John C. Brown, City Administrator
City of Woodburn
270 Montgomery Street
Woodburn, OR. 97071
WOODBURN
CIlY ADMINISTRATOR'S OFRCE
Re: Salvador's Bakery, Inc.
Salvador's Bakery ill
320 N. Pacific Highway
Woodburn, OR. 97071
Dear Mr. Brown:
I am writing to notify you that the Commissioners granted the Full On-Premises Sales license for the
above premises at the October commission meeting. I know this was contrary to the City Councilors'
recommendation, and want to explain the rational for the decision.
The Commissioners heard your concerns regarding lack of public necessity; saturation; location of the
premises in an OooT designated "safety corridor" and the "incompatibility" of this license type with the
businesses' existing activities. The staff report revealed that although this premises is located in a
"safety corridor", it is not located in a designated ''problem area" that has had a history of serious and
persistent problems with unlawful activities, noise or disturbances. In addition, this license does not
include off-premises sales. Mr. Larios has submitted an operational plan and house policies (enclosed)
which outlines the changes to his operation and entertainment format.
The Commissioners cautioned Mr. Larios to operate as he has proposed and that any future liquor law
violations could jeopardize his license. In addition, he has been told that he !nl:W have a manager (who
has been approved by the Commission) or employee at each of his premises at all times who can
communicate effectively in English. If operated as proposed, this business will not contribute to
problems in the area. A copy of this letter is enclosed for your information.
Even though the Commission, in this case, could not legally follow the city's recommendation, we
appreciate your serious review of liquor licensing issues. I want to assure you that the Commissioners
value your opinions and will continue to take them seriously in making licensing decisions.
The OLCC is striving to increase our ability to communicate and work with local governments. We have
our "OLCC's Guide to Liquor Licensing for Local Governments" available for your assistance, please let
us mow if you would like a copy.
Dan Croy, Regional Manager for this area, would be happy to discuss any of this with you. You may
phone him at (503) 378-4871 extension 22.
Sincerely,
dc:2~
Teresa L. Kaiser
Director
TLK:CK
enc.
c: Croy I Mitchell I regional file I file
Senator Peter Courtney, Dist. 111 Rep. Cliff Zauner, Dist. 22
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Uregon
Theodore R. Kulongoskt, ~
Liquor Conb.'ol Commission
9079 SE McLoughlin Blvd.
portland, OR 97222-7355
(503) 872-5000
1-SQ0.4S2-6522
'ITY (503) 872~3
October 17 J 2003
Salvadors Bakery, Inc.
Salvador Larios, President
405 N. First Street .
Woodbum, OR. 97071
T ~t'.i'!nM Grant with Caution
Re: SALV ADO:R:S BAICBRY m
320 N. Pacific Highway, Woodburn
Dear Mr. Larios:
The Commissioners of the Oregon Liquor Control Cnmmhlsion appro~ your application for a
Full On-Pmnises Sales license at the premises noted above. In considering your app1ica'tion,
they were conccmcd about}'Our two violations for Sales to Minor Decoys in 2000 and 2002 and
the waming you received in 2003. '
Future liquor law violatioDS could cause the Commission to restrict or refuse to renew}'OUl'
license. The C.nmm;gsion cautions you to operate as you have proposed. You mYIt have a
mJlTla.gcr (who has been approved by the Commission) or employee at each of your premises at
a111im.es who can communicate effec1ively in English, If'you have any questions about this
caution, please ea111nvestigator Randy Mitchell at (503) 378-4871 extension 23.,
~~
Carrie Korbe
license Procedure Coordinator
Regulatmy Policy & Process Division
let
c: regioD8l file
file
Mitchell
Croy
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OPERATIONS PLAN FOR
SALVADOR'S BAKERY~ m
The operation plan'for Salvadots 'Bakery, III. in regard to the exten.sion of the liquor license
and additional entertainment are as follows:
Staff:
1. I plan to hire additional stafffor opCrating and supervising the entertaitl"O'lfl.Tlt services
(i.e. 1wa.oke, DJ. music). Th.e seating area is the same; however, the City of Woodburn has
authorized the building capacity to hold 300 people, which requires more food and beverage servers.
I plan to also hire morc stafi'to supervise and check identification of customers to prevent alcohol
service to minors and to make sure that no )llinOIS are on the premises after 10:00 p.m. each night.
My business is still ptedominantly a. food service so minors will b~ aJIowl!ld unti11 0:00 p.m.
Training;
1. I pIau to implement a. 1mining program for my employees so they will be able to
adapt to the neW' environment of mare customers Iq1d the addition. of entertainment services (i.e.
, control situations involving more people, rowdy behavior due to entertainment services). I
unQ.ersta11d the need for a. member of my staff being on the ptemises that can read, write and
understand ~glish. I :know this was not the case before, however, when I hire additional employees
I plan to employ individuals that have these abilities and will make certain there is a.t least one
person who is bilingual present during business hoUtS. The traiuing program will also include how
to prevent issues involving the over service of alcohol to customers as well as drug use on ~
premises. I will emphasize the importance to obSeIVe and keep count of each customers' foOd and
beverage intake. Employment of additional employees will better supervise my customers'
be1iaviorlactions. The restaurant portion of my business will close at 9:00 p.nL and will allow one
hoUr for individuaislfamilies with minors to leave the premises by 10:00 P.IIl-. 'This hourwill allow
my employees to rid the premises' of winors, and" also to check idcntiiicatiOXl. for proper age of
. patrons ente.rl:ng after 9:00 pm. .A.fter 10:00 p.m., food will only be served in the lounge area.
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1. D.r. music will prednmiT1antly be Spa:oish music and will be p1a.yed for ea~;T11':l1!!1l1:
purposes. My' custoinm will be a.l1owed to dance to this' music when it is pl~ed' on Friday,
Saturday and Sunday evenings 9:00 p.m. unti12~30 am. The hYe mUsic will oDly be oecasicmal.
I will either hire a. band for a specific evening or, if I am aPProached by a musician(s). we will set
up a date and time for their pcrfomumce. When scheduled, the live music will be during the same
time ftame as the. DJ. music and will also consist of Spanish music.
DATEI?= 3 -ztJ -
,2003.
~p~ -
@ Salvador Larioa, PIesidentlOwner .
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E:x::rENDED ,OPERATIONS PLAN FOR
SAL V ~OR'S BAKERY, m
This Extended Operations Plan is in. addition to the original Operations Plan attached hereto.
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1. In addition to hiring employees for operation of the ntNf enterm;"""ent services and
supervis~on of additional customers, my staff will also include roaming security tbroughout the
premises, security, at resttooms, and at the entrance and all exits to the outside of1he premises to
check for proper identification. Roaming security will also take place 011 the premise's par.k:i.ng lot
approXimately two times an hour. The addition of these specific security measures will help spot
visible intoxication and remoyal unwanted customers. I will also hire 4-6 bartenderS solely fOJ" the
pmpose of serving alcoQ.ol, observing and. monitoring alcohol consumption. My esta.blisD",ent does
not and "Will not cater to VfP treatment.
Tn:lni"'i~
1. 'I plan to educate my employees as to what propar forms ofidmtification axe (drivers
license, identification card or valid passport, all with photo required) and how to properly check
identification (verify photo, age and validity of lD., a.U under proper lighting). I will post my
establishment's policies (including checking 1.0. of anyone looldngunderthe age of30) in an area
that is vist"le to all employees. The sign that lists the policies will be in Buglish and Spanish and ...
will be read and signed by my employees prior to begiDning service. My training will certainly
include an explanation oftb.e consequences of selling alcohol to a :r.ninor, both legal ramificatio:D5
and house policy, a. reView of the over service of alcohol to customers, visible intoxication and
disturbanCes on the premises.
MWli~
1". The entettaimnent services will consist ofliv:e music on an average ofthrcc t:imes per
month at my establisli,'l)'lent with DJ. music when live music is not schedW.ed.
DATED: H ~/ ,~
,2003
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Sal~or Lanos, pn:sidentlOwner
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REGULATIONS FOR SERVING AND MONITORING ALCOHOL AT .
SALVADOR'S BAKERY, m
1. Any customer appearing under the age of 30 must have their identi:6.cation
checked. The only forms ofI.D. tbat will be accepted is a valid driver's license,
valid identification card or valid passp.ort, all with photo requireq..
2. Proper checking of identifica1;ion includes 'verifying photo, age and
validity of I. D., all under proper lighting.
3. No minors are allowed on the premises after 9:00 p.m. and each employee
will h~lp rid the premises of minors after s8id time.
4. " Each employee will monitor the premises for visible intoxication at all
times, whether day or night. Visible intoxication will be cause for immediate
removal from the premises.
5. Absolutely no drugs are B110wed on the premises. Rowdy behavior and
fighting are not tolerated. .
6. In addition to security, each employee will keep a watchful eye at the
entrance, exits and r,estrooms on the premises to make sure OUI policies are
enforced. Supervision will also take place on the premise's parking lot
8:pproximately two mea each hour.
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7 Sale of alcohol to a lIJ1nor or visibily intoxic~ted p~on ~d1or ~UIe to
check identific~~6n is cause for immediate termination from emp!oyment
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COUNCIL MEETING MINUTES
OCTOBER 13, 2003
TAPE
READING
0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, OCTOBER 13, 2003.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0008 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
McCallum
Nichols
Sifuentez
Veliz
Present
Present
Present
Present
Present
Present
Present
Staff Present: City Administrator Brown, Asst. City Attorney Won, Deputy Police Chief
Youmans, Public Works Director Tiwari, Community Development Director Mulder,
Parks & Recreation Director Westrick, Public Works Manager Rohman, Senior Planner
Zwerdling, Building Official Krieg, City Recorder Tennant
0042 ANNOUNCEMENTS.
A) Woodburn Annual Fall Clean-up will be held on Saturday, October 18th, from 8:30
am to 11 :00 am. Volunteers are to report to the Woodburn High School front entrance
parking lot where clean-up assignments will take place.
B) Public Hearing will be held on October 27, 2003 to obtain citizen views on the
completed Cipriano Ferrel Education Center project and to solicit comments about the
City's performance. She stated that this is a beautiful facility that the entire community
can be proud of.
C) Public Hearing will be held before the Council on October 27,2003 on a proposed
Supplemental Budget for fiscal year 2003-04.
D) Hermanson Pond workshop will be held before the Woodburn Parks & Recreation
Board on October 14,2003. The public is invited to attend an open house at 6:00 p.m, to
learn more about the proposed project followed by a workshop at 7:00 p.m.
Mayor Figley stated that a workshop will also be held on October 14th at Lupita's
Restaurant located at Front and Garfield Street from 5:00 pm to 7:00 pm on the design of
the proposed downtown plaza which will take the place of the half-block parking lot
between Garfield and Hayes Street. The public is urged to attend to workshop in order to
provide comments on the proposed design.
Page 1 - Council Meeting Minutes, October 13, 2003
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COUNCIL MEETING MINUTES
OCTOBER 13, 2003
TAPE
READING
0190 APPOINTMENT.
Mayor Figley appointed Phillip Lagao to fill the Position III vacancy on the Park &
Recreation Board with his term to expire on December 31,2003.
NICHOLSIMCCALLUM... approve the appointment of Phillip Lagao to Position III of
the Park and Recreation Board. The motion passed unanimously.
Mayor Figley stated that there may be another vacancy on the Park and Recreation Board
and interested citizens are urged to apply for this board position in the event it becomes
open.
0248 PROCLAMATION:
A) Fall Clean-Up Month - October 2003.
Mayor Figley read the proclamation declaring the month of October 2003 as Fall Clean-
up month within the City. She urged local residents to take pride in our community by
cleaning up their yards and to assist their neighbors and friends in their yard cleanup
efforts during the month of October. The Livability Task Force is organizing the City-
wide cleanup day which is scheduled for October 18th.
B) Public Works Week - October 20 - 24, 2003.
Mayor Figley read a proclamation declaring the week of October 20-24, 2003 as Public
Works Week in Woodburn. She urged residents to participate in the activities scheduled
during this week and to recognize public works employees for their contributions to the
health, safety, and comfort of our citizens.
0425 PRESENTATION.
Mayor Figley introduced the City's new Building Official, Steve Krieg, who began
employment with the City the latter part of September.
Mr. Krieg provided the Council with a brief background of his prior work experience and
expressed his enthusiasm in taking on the Building Official position with the City.
0527 CHAMBER OF COMMERCE REPORT.
Mary Graves, representing the Chamber Board, provided the following information on
upcoming Chamber events and activities:
1) Chamber Forum lunch will be held on October 15, 2003 at Tukwila Center for Health
& Medicine, 12:00 noon, with the guest speaker being John Mitchell, an economist with
US Bank Corp, who will provide information on analyzing and forecasting the economy.
2) Greeter's Program will be held on October 17th at the Courtyard Cafe for a breakfast
beginning at 7:00 a.m..
3) Crystal Apple awards will be presented to recipients at the dinner scheduled for
November 14,2003 at Wittenberg Inn in Keizer. Nominations for these awards have
increased dramatically over last year and it will be more difficult to select this year's
winners.
Page 2 - Council Meeting Minutes, October 13,2003
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COUNCIL MEETING MINUTES
OCTOBER 13, 2003
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4) A shopping extravaganza at Woodburn Company Stores will be held on November 8th
and six non-profit organizations, one of which is the Chamber, are being given an
opportunity to raise money for their organization. The organizations sell the tickets at
$15 each and they retain $10 of the ticket price. She encouraged interested persons to
purchase their tickets from the Chamber to help them raise funds for their programs.
0740 CONSENT AGENDA.
A) approve the City Council regular and executive session minutes of September 22,
2003;
B) accept the Library Board minutes of September 10, 2003;
C) accept the Planning Commission minutes of September 25, 2003;
D) receive the Library monthly report for September 2003;
E) receive the Aquatic Center revenue comparison report for September 2003;
F) receive the Police Department statistical report for the period of January 2003 through
July 2003;
G) receive the list of claims for the month of September 2003;
H) receive the Building Activity report September 2003;
I) receive the Planning Project Tracking Sheet dated September 16, 2003;
J) receive the list of activities planned for Public Works Week for October 20-24,2003;
and
K) receive the information on the changes to the fall Leaf Pickup Program.
COX/BJELLAND... adopt the consent agenda as presented. The motion passed
unanimously.
0814 PUBLIC HEARING: APPEAL OF COMMUNITY DEVELOPMENT
DIRECTOR'S APPROVAL OF DESIGN REVIEW 03-16 (770 N. Pacific Hi2hwayl.
Mayor Figley declared the public hearing open at 7:15 p.m..
Recorder Tennant read the land use statement as required under ORS Chapter 197.
Mayor Figley stated that she regularly drives by the site once or twice a day and, in
addition, she has spoken with the applicant one time before the applicant's filing of the
appeal. Councilor McCallum stated that he is also familiar with the property but has not
been at the location since the new business has been in operation.
Councilors Nichols and Bjelland stated that they are also familiar with the site.
Councilor Cox stated that he has actually gone to the property to look at the site in
preparation for this hearing but he has had no other contacts.
Director Mulder stated that the applicant had appealed the Community Development
Director's decision to approve a design review application to allow the conversion of a
parcel of property previously used as a car dealership to a retail use specializing in the
sale of produce. The site plan approval required access to E. Blaine Street which is a
private roadway and an easement from the property owners would be required to provide
Page 3 - Council Meeting Minutes, October 13, 2003
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traffic circulation to the retail business. Subsequent to the decision, the applicant
appealed the decision on September 19th, however, subsequent to that appeal, the
applicant submitted a revised site plan to address the conditions of approval. The revised
site plan will allow for on site circulation for access to Highway 99E thereby no longer
necessitating the need to obtain an easement. Staffhas provided the Council with revised
findings and conditions that reflect the revised site plan which meets all of the
requirements. Staff recommended that the Council approve Design. Review application
03-16 subject to the modified findings and conditions.
Councilor Bjelland questioned the process to be followed in making a final decision since
the development ordinance allows for the Community Development Director to make a
decision on this type of application.
Assistant City Attorney Won stated that the appeal necessitates Council approval or
denial by ordinance with applicable findings.
Mr. Morrow, representing the applicant, stated that they are in agreement with the staff's
recommendation.
Mayor Figley declared the public hearing closed at 7:26 pm..
NICHOLSIMCCALLUM... concur with the modified findings in support of Design
Review 03-16 and approve Design. Review 03-16 with the modified conditions, and direct
staff to prepare an ordinance to substantiate its decision. The motion passed
unanimously.
1551 PUBLIC HEARING: CITY COUNCIL CALL-UP FOR REVIEW OF DESIGN
REVIEW 03-14 "WINCO FOOD'S MODULAR" (400 Woodland Avenue).
Mayor Figley declared the public hearing open at 7:26 p.m..
Recorder Tennant read the land use statement required by ORS Chapter 197.
Councilor Cox stated that he has viewed the site from 1-5 and have driven onto the Winco
property where this modular unit is proposed to be sited.
Councilor McCallum stated that he has not driven onto the property but has tried to view
the site location from 1-5.
Mayor Figley stated that she has driven by the site and Councilor Nichols stated that he
has also viewed the site from 1-5.
Senior Planner Zwerdling reviewed the staff report on this application which had received
the Community Development Director's approval to place a 320 sq. foot modular office
building on the east side of the Winco property. This decision was called up for review
by the Council at their September 8th Council meeting. The applicant, Iverson's
Unlimited Inc., is proposing to place the modular office to the west of an existing truck
check-in point to the Winco distribution facility. The office will be used by a contractor
who unloads freight trailers at the docks.
Councilor Cox stated that it was his understanding that the proposed office building is to
be located at the base of, and adjacent to, the existing building.
Page 4 - Council Meeting Minutes, October 13, 2003
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Ms. Zwerdling stated that she was unaware of any map showing the location adjacent to
the existing Winco building. The proposed building will have vertical wood siding to
match the vertical metal siding on the Winco warehouse, same paint color, a flat metal
roof, and brick skirting.
Jim Iverson, representing the applicant, stated that the modular unit would be placed next
to the guard shack since the drivers nor his employees are not allowed on the Winco
property until such time as they check-in. The proposed location is the most efficient
location for them in order to expedite the unloading of the trucks. He stated that the
building would be located about 70 feet away from the existing guard shack and about
170 feet away from the main building. It was noted that the building would be owned by
Iverson's Unlimited Inc even though it is located on Winco property.
Mayor Figley declared the public hearing closed at 7:43 p.m..
2594 Councilor Cox stated that this was the first project reviewed under the new Woodburn
Development Ordinance standards and, after re-reading the code section as to which
standards should be applied, he did not feel that staff had addressed the provision that
loading facilities should be located out of site or should be adequately screened from
view. Even though it is a small building, he felt that the building should be out of sight
since the building will not be made to look like the existing check-in building. Otherwise,
the building should be located in the truck loading area where is out of the public view.
Councilor Nichols stated that there is some landscaping along the east side of the property
which should put the building out of the view of the public.
Councilor Cox stated that some of the landscaping will put the building out of sight over
the next two or three years, however, further south, he did not know if the trees would
ever get large enough to screen the view.
Councilor McCallum stated that security arrangements weighed heavily on the placement
decision by the applicant and there seemed to be an attempt by the applicant to have the
office building blend into the main building design..
Councilor Cox stated that the existing check-in building has a red pitched roof and he
would not object to the building at the proposed location ifit had the same roof pitch,
however, the applicant would have to incur more of an expense to change the roof pitch.
Councilor Bjelland suggested that from an operational standpoint, it is reasonable to
assume that the building should be at the proposed location, however, he would prefer to
see the building designed more like the guard station if the Council has the right to
enforce that type of action on this matter.
Councilor Veliz felt that the trees would be sufficient to screen the building in the future
since it is such a small building within the whole complex.
Councilor Sifuentez expressed her opinion that the application should be approved if it
meets the standards within the ordinance.
Page 5 - Council Meeting Minutes, October 13, 2003
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Mayor Figley expressed her opinion that this building is very small compared to the main
warehouse and she did not have any concerns regarding the Director's decision since the
landscaping will eventually screen the building.
BJELLANDNELIZ.... concur with the Community Development Director's decision of
approval for Design Review Case File No. 03-14.
The motion passed 5-1 with Cox voting nay.
BJELLANDIMCCALLUM... instruct staff to prepare an ordinance to substantiate the
Council's decision. The motion passed unanimously.
3868 COUNCIL BILL 2475 - RESOLUTION ESTABLISHING EMPLOYEE
COMPENSATION FOR MANAGEMENT / NON UNION GENERAL SERVICE
EMPLOYEES.
Council Bill 2475 was introduced by Councilor Sifuentez. Recorder Tennant read the bill
by title only since there were no objections from the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Figley declared Council Bill 2475 duly
passed.
3972 COUNCIL BILL 2476 - RESOLUTION ENTERING INTO COOPERATIVE
IMPROVEMENT AGREEMENT NUMBER 20911 WITH THE STATE OF
OREGON.
Councilor Sifuentez introduced Council Bill 2476. The bill was read by title only since
there were no objections from the Council.
Councilor Cox stated that the proposed street will be necessary no matter where
Evergreen Avenue will eventually connect on out as it goes north of the existing roadway.
However, he objected to the future extension of Evergreen to the north to connect at
Country Club Circle.
On roll call vote, the bill passed unanimously. Mayor Figley declared Council Bill 2476
duly passed.
4172 COUNCIL BILL 2477 - RESOLUTION REVISING GUIDELINES.
PROCEDURES AND PROCESS FOR OBTAINING CITY TOURISM AND
ECONOMIC DEVELOPMENT GRANT FUNDS PURSUANT TO ORDINANCE
NO. 2057 (TRANSIENT OCCUPANCY TAX ORDINANCE).
Council Bill 2477 was introduced by Councilor Sifuentez. Recorder Tennant read the bill
by title only since there were no objections from the Council.
Councilor Veliz questioned if the revised grant requirements would apply retroactively to
the Chamber of Commerce grant.
Administrator Brown stated that it is his intent to apply it retroactively since the Chamber
is having difficulty in meeting the match requirement for grant year 2002. It was noted
that the Chamber was the only organization that submitted a grant application in 2002
Page 6 - Council Meeting Minutes, October 13, 2003
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which was subsequently funded by the City.
Councilor McCallum stated that the grant program began in 2001 and problems do need
to be worked out in order to make the grant program available to more non-profit
agencies for tourism and/or economic development growth.
Administrator Brown stated that the City would still be looking at the recipients ability to
meet the City's various financial compliance guidelines in addition to meeting the 25%
match requirement. If an audit is required, the grant recipient would be required to pay
for the audit, however, the cost could be applied towards their 25% match. Based on
current revenues received, the total amount of funds available for distribution under this
grant program is approximately $40,000.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2477 duly passed.
4800 LEAGUE OF OREGON CITIES CONFERENCE AND BUSINESS MEETING.
Councilor Sifuentez stated that she would be in attendance at the conference on Sunday.
Councilor Veliz stated that he would be attending the conference but was unsure if he
would be there for the program on Sunday.
MCCALLUMlBJELLAND.... appoint Councilors Sifuentez and Veliz as delegate and
alternate delegate for voting at the business meeting. The motion passed unanimously.
4992 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS.
A) Community Development Director's approval of Zoning Adjustment 03-03 (1300
Astor Way).
Councilor Cox stated that this matter has been topic of discussion in Senior Estates and,
since there are no other front yard fences in Senior Estates at this time and to make it
taller than the code allows, is sufficient reason to call this matter up before the Council
for review.
COX/NICHOLS... call the matter up for Council review. The motion passed
unanimously.
B) Planning Commission's approval of Design Review 03-12, Phasing Plan 03-02,
and Variance 03-21 (north side of Stacey Allison Way across from Walmart).
Councilor Cox stated that he had read the Planning Commission minutes and, after
talking to the Commission's Chairman, expressed his concern with traffic impacts of this
proposed project even though there may be limitations on what the City can do regarding
this issue.
Councilor McCallum agreed that traffic impact is one of several items that the Council
should look at within this proposal.
COXIBJELLAND.... call the matter up for Council review. The motion passed
unanimously.
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C) Planning Commission's approval of Subdivision 03-04 and Variance 03-24 (1851
West Lincoln Street).
Councilor Cox brought to the Council and staffs attention a concern about protecting a
tree which is adjacent to public right-of-way on West Lincoln Street.
Councilor McCallum concurred with Councilor Cox that tree preservation is of high
priority throughout our community.
Councilor Nichols suggested that there be improved communication between Public
Works and Planning regarding tree preservation.
Director Tiwari stated that it is staffs intent to preserve the tree, however, it will require
an easement provided by the adjoining property owner so that the sidewalk could circle
around the tree in order to save the tree.
5700 CITY ADMINISTRATOR'S REPORT.
Administrator Brown stated that staff has been working on methods to improve
communications between management staff and to better inform employees about City
issues so an employee who is the citizen's first contact will provide general information
on projects but, more importantly, will give the employee information on which
department or city employee will be able to provide the citizen with additional
information on a specific issue.
5960 MAYOR AND COUNCIL REPORTS.
Councilor Cox stated that two letters were received from neighbors of the Hermanson
Pond project representing a different point of view than what was expressed by staff. He
encouraged those individuals to attend the October 14th workshop to discuss their views
with the Recreation and Park Board.
Councilor Nichols stated that he had attended the dedication of the Cipriano Ferrel
Education Center yesterday and there was a large turnout of citizens who were very
enthusiastic about the facility. He was impressed with the support for this facility which
will be a tremendous asset to our community.
Councilor Veliz concurred with Councilor Nichols statement and added that this project
shows what kind of partnerships can be created when efforts are joined together. He
reminded the public that this facility is open to the community for use as meeting space
and/or events and persons interested in reserving space need to contact the Farmworker
Housing Development Corporation.
Councilor Veliz also complimented the Recreation Department on the great job being
done in the After School programs and Aquatic Center with both recreational activities
being enjoyed by youth and adults.
Councilor Veliz stated that this parents live off ofN. Boones Ferry Road and they are
very happy with the progress of the project and with the professionalism of workers on
the job site. However, increased truck traffic on the roadway is of a concern to them.
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Lastly, he urged citizens to attend both workshops on Tuesday evening to provide input
on these upcoming projects which will increase the quality of life in our community.
Councilor McCallum stated that he had attended the lOOth anniversary ofSt. Luke's
School on Friday evening, and on Sunday he attended the Cipriano Ferrel Education
Center dedication.
Tape 2
0002 In regards to the fall cleanup, he had recently been notified that the Livability Task Force
had been nominated, and received, an Oregon community group award from SOL V (Stop
Oregon Litter & Vandalism) for City cleanup efforts. The Task Force will receive the
award in November at the Nike campus in Beaverton. SOL V representatives will be
attendance at Saturday's event to take pictures and interview individuals.
Councilor McCallum also questioned when the final paving would be done on Boones
Ferry Road.
Director Tiwari stated that most of paving was completed today and the paving of the
approaches at the street intersections along Boones Ferry Road would be completed on
Tuesday.
0128 Councilor Bjelland urged citizens to attend the workshops on Tuesday since they are
projects being addressed that can have a significant impact on the City and specific
neighborhoods.
He also reported that a MW ACT meeting was held recently, however, there was no
significant information to impart to the Council. There is conflicting information on how
much money will be available to the Area Commissions on Transportation to invest in
modernization projects in the future especially in light of the OTIA II and ill funds that
were recently approved by the legislature.
Lastly, Councilor Bjelland stated that he would not be in attendance at the next regular
Council meeting since he will be out of town.
Councilor Sifuentez stated that the MacLaren School staffwill be participating in the
clean-up campaign on Friday, October 17th, by picking up litter along Highway 99E from
the north city limits (Patrick Industries) south to AI's Garden Center.
Mayor Figley expressed her congratulations to the staff, students, and alumni of St.
Luke's School who recently celebrated their 100th year anniversary.
She also felt honored and privileged to be one of the speakers at the dedication of the
Cipriano Ferrel Education Center. Persons interested in receiving a tour of this facility
can contact the Fannworker Housing Development Corporation to set up a time for a
tour.
In regards to a new community center, the Mayor stated that she, along with other
committee members, toured numerous community centers to see what type of facility
could be built without incurring bonded indebtedness. She feels very optimistic about the
approach now being taken to try and find funding for construction and operation in a
responsible manner.
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0380 EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn to executive session under the statutory
authority ofORS 192.660(1)(h) and ORS 192.660(1)(t).
NICHOLS/MCCALLUM... adjourn to executive session under the statutory authority
cited by the Mayor. The motion passed unanimously.
The Council adjourned to executive session at 8:38 p.m. and reconvened at 8:48 p.m..
0403 Mayor Figley stated that no decisions were made by the Council while in executive
sessIOn.
COX/MCCALLUM... Council authorize and direct the City Attorney to proceed with
the appeal of the recent LUBA decision.
The motion passed unanimously.
0455 ADJOURNMENT.
NICHOLSIBJELLAND... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:50 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 10 - Council Meeting Minutes, October 13, 2003
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Executive Session
COUNCIL MEETING MINUTES
October 13, 2003
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, OCTOBER 13, 2003.
CONVENED. The Council met in executive session at 8:41 p,m. with Mayor Figley presiding.
ROLLCALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
McCallum
Nichols
Sifuentez
Veliz
Present
Present
Present
Present
Present
Present
Present
Mayor Figley reminded the Councilors and staff that information discussed in executive session is not
to be discussed with the public.
Staff Present: City Administrator Brown, Asst. City Attorney Won, City Recorder Tennant
The executive session was called under the following statutory authority:
A) To consult with counsel concerning the legal rights and duties of a public body with regard to
current litgation or litigation likely to be filed pursuant to ORS 192.660(1)(h); and
B) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f).
ADJOURNMENT.
The executive session adjourned at 8:46 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - Executive Session, Council Meeting Minutes, October 13,2003
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8B
MINUTES
MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD
DATE:
October 8, 2003
ROLL CALL:
Marie Brown - Present
Mary Chadwick - Present
Vasjly Chernishov - Present
Ardis Knauf - Present
Kay Kuka
Colleen Vancil
Pat Will
- Present
- Absent
- Present
STAFF PRESENT: Linda Sprauer, Director
Vicki Musser, Recording Secretary
GUESTS: None
CALL TO ORDER: President Ardis Knauf, called the meeting to order at 7 pm.
SECRETARY'S
REPORT:
The monthly Board minutes of September, 2003 were approved as
submitted.
CORRESPONDENCE: None
PUBLIC COMMENT: None
DIRECTOR'S
REPORT:
Monthly Statistics: The monthly statistics were self-explanatory. The
number of people visiting the library for September was 18,008.
Activities: A list of activities was distributed to the Board. The Friends
of the Library Book Sale will be held on Friday and Saturday, October
10th and 11th, from 10 am to 4 pm in the Multi-Purpose and Carnegie
Rooms. Music, songs, dancing and puppets will be featured by the
mother-daughter team, "Galliump", in the Multi-Purpose Room, during
"Saturday at the Library" on October 11, from 1 :30 -2:30 pm.
The Lewis and Clark Discovery Box will be at the City Council
Chambers on October 12th, at 2 pm. On October 16th, the Teen Club
will meet at the Library, and on the 18th, there will be a popcorn and
video presentation. Youth oriented crafts will be offered on October
25th from 1 :30-2:30 pm.
1
20
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Jeannie Rogers spoke about the various Youth Services Activities that
she oversees. The Kids' Book Club began in November 2002, and
encompasses ages 10-12. They meet every month on Mondays from
3:30-4:30 pm, except for July and August, to read and discuss a book
chosen by the group. They also do crafts related to the book they're
currently reading, and the refreshments offered are foods written
about in the current book. This month they are reading Ella
Enchanted. Jeannie is also in charge of the Teen Book Club, which
meets the third Thursday of the month from 6:30-7:30 pm to discuss
books. Flyers were taken to the Woodburn High School to promote
the Teen Club, whose theme this month is "Tales of Terror". Each
teen is invited to create their own spooky tale and to join in on a
"Spooky T-Shirt Prize Drawing". Crafts are encouraged and
refreshments are served.
Youth Services has subscribed to thirty copies ofthe magazine, "Teen
Ink", which prints articles by teenagers. These are for interested
teens, to help them to write and publish their work.
The Library Book Discussion Book Group for adults meets on
Monday, October 10 at noon.
Volunteer of the Month: Dora Marquez was chosen Volunteer of the
Month for September.
OLD BUSINESS: Shirley Baumgardner has handed in her resignation, and will be
retiring at the end of the year. She plans to return from time to time
in an on-call status.
Building Feasibility Study: A semi-final outline drawing of the Library's
renovation is available. Linda Sprauer will meet with the architects
on Tuesday, October 28, to go over a final cost analysis, and to have
all plans and changes finalized. The actual remodeling of the Library
is approximately two years away.
CCRLS: Four proposals from vendors have been received. The
Migration Committee will be meeting on October 14th and 15th to
narrow the proposals to three, and again in December to watch
scripted demonstrations of the three finalist vendors .
Library Rules: The Library has posted" Library Rules and Policies".
The City's attorney is reviewing them to make sure that every rule is
in legal compliance. Various inappropriate incidents have occured
over the past month, reinforcing the need for publicly posted
regulations.
Library Board Minutes - 10/08/03
2
21
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Library Board Retreat: The Library Board Retreat will be held on
November 8th from 9 to 3 pm. The whereabouts are still being
decided. A speaker from the State Library will be invited.
A member of the Library Book Club expressed concern as to whether
the Library should do more to encourage integration of the different
cultures found in Woodburn. Marie Brown, a Library Board Member,
successfully advocated on behalf of the different programs and
resources that the Library makes available to the public.
BUSINESS TO/FROM
THE CITY COUNCIL
AND/OR MAYOR: None
ADJOURNMENT: The meeting was adjourned at 7:32.
Respectfully Submitted,
Vicki Musser
Recording Secretary
Library Board Minutes - 10/08/03
3
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MINUTES
Woodburn Recreation and Parks Board
Tuesday, October 14, 2003
7:00 pm
City Council Chambers
8e
[Q)Wi\[flf
1. Herb Mittmann, Chair, called the meeting to order at 7 pm.
2. Roll Call
Members present: Herb Mittmann, Chair; Rosetta Wangerin, Vice-
Chair; Evan Thomas, Member; Sharon Felix, Member.
Members absent: Rev. Frank Anderson, Member, Tanis Quinones,
Member.
Staff present: Randy Westrick, Director; Paulette Zastoupil AA,
Brian Sjothun, Recreation Services Manager; Kathy Willcox, Aquatics
Assistant Manager. Woodburn Residents were present.
3. Introduction of new board member
Phil Lagao was introduced as the Park Board newest member.
4. Greenway Planning
Les Bachelor, Marion Soil Water Conservation District explained the
preliminary plans for Hermanson Park 3 which will include; diverse
wildlife habitat, recreational walking and bike paths, and warm water
fishery. A final plan will be presented on November 18, and it will be
recommended that the City Council accept the plans in December
2003 or January 200. Concerns and questions were stated by the
audience and answered by Les Bachelor and Randy Westrick.
· Where in your timeline is there an archeological dig?
· Is it going to be fenced or open?
· Is there going to be any security to ward off squatters?
· When is the project going to start?
· Is the existing pond going to be expanded?
· After the project is finished, will the wildlife naturally come or will
you provide it?
· Who will maintain it and keep litter picked up?
· A concern was to have the trails built on the east side and not
against the residents' backyards.
· The flood plain was a concern and how the pond would affect it?
· A concern was the plan called for too many plants. Suggested
sticking to lower growing plants as to not block residents view.
· A concern that the pond be fenced.
23
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5. Approval of Minutes from July 8,2003 meeting.
A motion to accept the minutes was presented made by Rosetta
Wangerin. Sharon Felix seconded the motion. Motion passed
unanimously.
6. Business from the Audience: None
7. Division Reports
Recreation Report from Brian S jothun. Recreation Manaaer
Brian reported on the success of the After School Program, Youth
Soccer and the Teen Scene.
Aouatic Center Report from Kathy Willcox. Aquatics Assistant
Manaqer.
Kathy Willcox reported on water polo, swim lessons for the Woodburn
area fourth graders, annual maintenance shutdown, and the High
School Swim Team.
Reports by Randy Westrick. Recreation and Parks Director
-/ Skate Park
The Skate Park is upbeat and running smoothly. The park crews put in
turf and the park itself is looking really nice.
-/ Community Center
The Community Center Task Force is meeting monthly. The focus
groups that are led by RDI are on track. The next step is to reform
the vision and discover funding sources.
-/ Master Plan
We are in the process of updating our Park Master Plan because of
population growth and the changes in the urban growth boundary.
Future Board Business
Hermanson Pond - review final plan
Woodburn Downtown Plaza
Board Comment
Herb Mittmann, Chair scheduled a Park Board retreat on Wednesday,
November 12 at 6:00 PM at the Recreation and Parks conference
room.
Next meeting scheduled for the third Tuesday, November 18, 2003
due to Veteran's Day on regular meeting night.
Meeting was adjourned at 8:25 pm
24
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8D
WOODBURN PLANNING COMMISSION
October 9, 2003
CONVENED The Planning Commission met In a regular session at 7:00 p.m. in City Hall Council
Chambers with Chairperson Lima presiding.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Young
Vancil
Grigorleff
Mill
Bandelow
Lonergan
P
P
P
P
P
P
A
Staff Present:
Jim Mulder, Community Development Director
Naomi Zwerdllng, Senior Planner
Victor Rodriguez, Associate Planner
MINUTES
A. Woodburn Plannlna Commission Minutes of SeDtember 25. 2003.
Commissioner Mill referred to his comment on page 5 and indicated it should read .....drove around and
walked the site-.
ChairDerson Lima requested change be made to his title on page 1 just below the Public Hearing section to
reflect "Chairperson Lima- instead of "Commissioner Lima-.
Commissioner Vancil referred to his remark on page 9 regarding inviting the School District to the ODOT
workshop and stated he thought it was decided that we would invite them. He also commented we needed
to make sure to issue a specific invitation to the School District since they do not get copies of the minutes.
Staff remarked although the Commission could certainly make a recommendation to Staff to invite the School
District, he would have to run that through certain channels before the workshop takes place. which would
probably be early November.
Vice ChairDerson Youna made a recommendation to accept the minutes with the minor changes. Motion was
seconded by Commissioner Bandelow, which unanimously carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
A. City Council Minutes of SeDtember 8.2003.
B. Public Hearlna notice for the October 13. 2003 City Council Meetina. for Deslan Review 03-14.
320 SQuare foot modular office bulldlna at 400 Woodland Avenue. Iverson's Unlimited. Inc..
aDDllcant.
C. Public Hearina notice for the October 13. 2003 City Council Meetlna. for Deslan Review 03-16.
conversion of a structure and DroDertv. which was Drevlouslv used for an automobile
dealershlD (Friend Iv GMCl. to a retail business sDeciallzlna In the sale of Droduce. located at
Planning Commission Meeting - October 9. 2003
Page 1 of 5
25
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770 N. Pacific Hlghwav. Morrow Investment LLC. aDDlicant.
Commissioner Mill requested clarification regarding the mechanics as to when things go directly to the City
Council and when they go through the Planning Commission process.
Staff explained both of these items are Type II Design Review applications which are Administrative Design
Review approval (Community Development Director decisions) and with the new development ordinance,
those can be appealed to or called up by the City Council. He further clarified the primary reason for that was
because of the 120-day rule it would be too difficult to try to meet that rule if the Staff decision was appealed
to the Planning Commission, which could then be appealed to the City Council.
PUBLIC HEARING
A. Conditional Use 03~6 and Design Review 03-13. DroDosal to install above ground DrODane
tank at 2221 N. Pacific Hwvn McMinnville Gas Co. Incn aDDlicant.
EX-PARTE CONTACTS
The Commissioners indicated they were familiar with the area.
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report.
Staff recommended approval of the applications based on the information in the report, the information
provided by the applicant and the applicable review criteria subject to the conditions of approval listed in the
Staff Report.
Commissioner Mill made reference to the conditions of approval Item #4 found on page 28 of the Staff Report
and assumed there will be red warning signs all over the tank.
Staff replied the applicant is not proposing to put big red lettering signage on the tank. However, from talking
with the applicant there is a little label that is required to be on the tank by the State. Staff clarified the
applicant would have to obtain a sign permit if they wanted to put anything else.
ChairDerson Lima inquired whether the propane tank will be completely obscured by the office?
Staff answered there is a little corner that will not be completely screened by the pump islands and the gas
station but the grade will be lower, which will help. The applicant was required to position the nozzle part of
the propane tank on the site 25 feet from the gas station office. She further explained it could not be
completely behind the gas station office because the applicant positioned the nozzles on the north side in
order to get the 25 feet from the gas station office. The remainder of the tank just had to be 10 feet from the
pump islands.
Chairoerson Lima referred to page 4 of the Staff Report and asked Staff if the steel posts standing 3' high and
spaced 4' apart used to protect the bottle fill meets the requirements?
Staff referred the question to the applicant. She stated the applicant will be required to meet the State law
regarding that.
TESTIMONY BY THE APPLICANT
John Buller. McMinnville Gas Co.. Inc.. 1384 NE Hwv. 99W. McMinnville. OR 97128 explained the placement
of the bottle fill will be west of the service station offices with limited visibility from Hwy. 99W. It would be
situated on the edge of the west pump island, which would be used for employee parking. He clarified the
steel posts are no taller than 3' so that the posts will not bend over and hit the propane tank if somebody runs
into the posts. Mr. Buller also reported the law requires 5' space from the crash post to the bottle fill. The
posts will be 360 degrees around the tank to make sure the station customers and dance hall pavilion will not
actually back up into the tank or cabinet. Additionally, the bottle fill and crash post will be painted brilliant white
and will conform to service station standards. Landscape will not be needed since everything around the site
is asphalt. He stated access to the proposed bottle fill site will be from the existing service station, north and
south entrances from North Pacific Hwy. The wide open station lot will allow large recreational vehicles to
Planning Commission Meeting - October 9, 2003
Page 2 of 5
26
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maneuver to fill both their propane bottles and gasoline tanks at the same location. He commented this could
cut down on extra trips to two different businesses and allow customers to complete two tasks at one site.
The propane bottle fill will not have any impact on the service station and will fit nicely through the commercial
environment at this location.
Commissioner Mill asked if the safety stickers on the tank are visible? Additionally, he inquired how will the
applicant advertise the business from the highway?
John Buller replied the stickers are visible and the words "propane" and "flammable gas" will be in 4" high
letters. He mentioned he might pull a permit for a sign on the side of the bottle fill when the new sign
ordinance goes into effect in the near future. Mr. Buller stated he currently could not advertise from the
highway as the ordinance does not allow for that. He indicated people will probably see the propane tanks
when they pull in to fill up their gasoline tanks and realize they can fill their bottles there too.
Commissioner Bandelow inquired whether the size of the lettering is dictated by safety regulations?
John Buller replied affirmatively.
TESTIMONY BY PROPONENTS
None
TESTIMONY BY OPPONENTS
None
DISCUSSION
Chairoerson Lima closed the public hearing and opened for discussion among the Commissioners.
Vice Chairoerson Youna commented this is a relatively simple application. He also said he thought it would
be an asset for that end of town and it seemed to be well thought out and a good design. Vice Chairperson
Young stated he favored the project.
Commissioner Bandelow agreed with Vice Chairperson Young in that it is a pretty straight forward application
and met the criteria. She indicated she saw no reason not to vote in favor of the application.
Commissioner Vancil also supported the application and stated the Fire District seemed to think this is a safe
place for it.
Commissioner Mill moved to approve Conditional Use 03-06 and Design Review 03-13 and instructed Staff
return with facts and findings and a Final Order at the next regularly scheduled meeting. Commissioner Vancil
seconded the motion. Motion unanimously carried.
B. Deslan Review 03-18. DroDosal to construct a 30.000 SQuare foot warehouse facility on
National Way. Dave Carter & Associates. aDDllcant.
EX-PARTE CONTACTS
None
The applicable ORS Statement was read by Staff and a presentation was provided as reflected in the Staff
Report. Staff recommended approval of the applications based on the information in the report, the
information provided by the applicant and the applicable review criteria findings subject to the conditions,
TESTIMONY BY THE APPLICANT
Lonnie Deffenbauah. Princioal Architect and President. Deffenbauah & Associates. 388 State St.. Caoitol
Center. Suite 840. Salem. OR 97301 stated they had no objections to the conditions of approval noted by
Staff. However, he referred to the condition regarding landscaping a 5 foot yard at the area of the loading
Planning Commission Meeting - October 9, 2003
Page 3 of 5
27
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dock and zone. He remarked they are about 125-130 feet from the closest point to the neighboring property,
which is the back of the store. Mr. Deffenbaugh further reported there is an expense in maintaining that and
asked this not be made a requirement under the circumstances in an industrial site.
Commissioner Bandelow inquired if the property to the rear that abuts the old Safeway store is owned by the
same owner and is just for later development?
Lonnie Deffenbauah responded affirmatively.
Staff interjected they wanted a border around the paved area because it is a code requirement. There has
to be some type of landscape border on all paved areas, i.e., shrubs or hedge, however, the rest of the yard
may be grass with no irrigation.
Lonnie Deffenbauah said that is the particular portion he referred to and remarked their landscape architect
has utilized a seed mix in areas where there is a large piece of property and a portion of it is being developed
now. The seed mix consists of a variety of native type grasses which do not grow very tall and only needs to
be cut once. Mr. Deffenbaugh further stated they prefer not to landscape and irrigate the border because it
is not really bordering anything close by. Moreover, there is an expense in the plant materials and irrigation
and further commented they would like to see some relief from that.
Commissioner Mill questioned Staff if a Variance is required for what the applicant is asking?
Staff responded affirmatively as the code states "shall" not a "should".
Vice ChairDerson Youna assumed the wholesale distribution of plumbing and electronic goods is contractor
electric supplies.
Lonnie Deffenbauah clarified it is electrical supplies, not electronics.
TESTIMONY BY PROPONENTS
None
TESTIMONY BY OPPONENTS
None
DISCUSSION
Chairoerson Lima closed the public hearing and opened for Commission discussion. He stated it looks like
a very nice plan and had no problems with it.
Vice Chairoerson Y ouna commented it is a good use of the odd shaped piece of property in the back that has
been left undeveloped for a long period of time. Additionally, he thought it would be a good addition to the
City and he would vote in favor of the project.
Commissioner Bandelow concurred with Vice Chairperson Young and added it is a very attractive building as
far as warehouses go.
Commissioner Mill also favored the project for the reasons already stated.
Commissioner Bandelow moved to approve Design Review 03-18 and instructed Staff return with facts and
findings and a Final Order. Motion was seconded by Commissioner Griaorieff, which carried unanimously,
ITEMS FOR ACTION
A. Final Order for Subdivision 03..Q4 and Variance 03.24. subdivide 2 acres Into 10 lots on W.
Planning Commission Meeting - October 9, 2003
Page 4 of 5
28
1'--
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..
Lincoln St.. David Mendenhall. aDDllcant.
Commissioner Young moved to accept the Final Order as presented by Staff. Commissioner Bandelow
seconded the motion. Motion unanimously carried.
B. Final Order for DesiGn Review 03-12. Variance 03-21 and PhasinG Plan 03-02. DroDosed
shODDinG center at Stacev Alllsonll-5. CTF DeveloDment. aDDllcant.
Commissioner Mill inquired what happened with the tree?
Staff responded he discussed the issue with the Public Works Director and they are looking into the possibility
of saving it. There is a possibility of running the sidewalk around the tree if the property owner will grant an
easement. However, there is still an issue of the roots and how close the tree is to where the sidewalk is
going to go.
Commissioner Mill thanked Staff for discussing it with Public Works.
Commissioner Vancil reported there was a lengthy discussion during the Local Improvement District hearing
about this very issue. He further reported the neighborhood is also very concemed about the tree and Mayor
Figley was given the impression by Public Works Staff, at the time of that hearing, that the tree will be saved.
A motion was made by Commissioner Mill to approve the Final Order and Commissioner Bandelow seconded
the motion, which unanimously carried.
DISCUSSION ITEMS
None
REPORTS
A. Bulldina Activity for SeDtember 2003
B. PlanninG Prolect TrackinG Sheet (revised 9-30-03)
BUSINESS FROM THE COMMISSION
None
ADJOURNMENT
Commissioner Mill moved to adjourn the meeting. Commi
carrled- Meeting adjourned at ~
APPROVED -
CLAUDIO LIMA, CHAIRP
ioner Bandelow seconded the motion. Motion
10)23/03
, DATE
ATTEST
JimMul
Comm ni Development Director
City of odbum, Oregon
It? ,. 2 .? ..-(')J
Date
Planning Commission Meeting - October 9, 2003
Page 5 of 5
29
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~
WOODBURN
1.,crpc,at,J iS89
8E
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October 22, 2003
TO: Mayor and City Council through City Administrator
FROM: Randy Scott, Senior Engineering Technician, through the Public
Works Director "Q.
SUBJECT: West Uncoln Street Improvement
RECOMMENDAnON:
None, information only
INFORMAnON
After initial delays due to utility relocations, the project now proceeds on
schedule. The contractor Parker Northwest Paving has completed the
excavation for the street and sidewalk, placed the base rock and installed the
concrete curbs. The asphalt paving although weather dependent, is scheduled
to be completed by the first week in November. The Parker Northwest Paving
has until the end of November to complete the project.
The horizontal alignment of the property line sidewalk proposed with the project
has been shifted to save existing trees that could be saved in the project area.
Fortunately, the location of the existing trees allowed the sidewalk to be
gradually shifted towards the street rather then on to private property. In most
cases, the sidewalk is shifted onto private property and placed within an
easement which must be conveyed by the property owner.
BACKGROUND & DISCUSSION:
The construction of West Lincoln Street Improvement was delayed do to a
conflict with an existing gas line. The existing gas main was found to be vertically
in grade; excavation for the street could not commence until the main was
relocated. The Northwest Natural Gas Company relocated the main and
contractor begun work near the end of September.
One issue raised during the public hearing process for the Local Improvement
District, was concern expressed by property owners and council to save to large
Agenda Item Review: City Administrat City Attorney 1\11> Finane
30
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trees on the south side of the street improvement. The trees, two large walnut
species will not be impacted by the improvement, the sidewalk alignment has
been shifted around the tree.
Some concem has also been expressed for a fir tree on the north side near the
west end of the project, this tree has also been saved. The tree however is on
private property and not a significant tree not as such regulated by the
Woodburn Development Ordinance. The Tree can be removed by the property
owner if they so desire, regardless the sidewalk has been shifted so not to
damage the root structure and preserve the tree.
In addition to the above, the sidewalk has also been shifted to preserve the
existing arborvitaes on the south side near the west end. The arborvitaes are well
established and serve as a buffer to the mobile home park.
FINANCIAL IMPACT:
There is no financial impact, for information only
31
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WOODBURN
1.,.".,.,.; 18'9
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October 27, 2003
TO: Honorable Mayor and City Council through City Administrator
~~
FROM: Matt Smith, Management Analyst II
SUBJECT: 2003-2004 Master Fee Schedule Update
RECOMMENDATION:
It is recommended that the City Council approve the attached
ordinance adopting the 2003-2004 Master Fee Schedule.
BACKGROUND:
Council adopted the first annual Master Fee Schedule in September 1998,
and provided for the annual review and revision of the Schedule within the
adopted ordinance. The Schedule was most recently amended in May 2003 to
update pool fees. Provided for your consideration is the recommended Master
Fee Schedule for 2003-2004, and the accompanying implementing ordinance.
Adoption of the attached ordinance is recommended following Councirs
review of the proposed 2003-2004 Master Fee Schedule update.
DISCUSSION:
The criteria for establishing the cost of a municipal service are elaborate.
In brief, they include all personnel costs associated with the service (Le., salaries
and benefits), operating expenses, equipment costs, and all applicable indirect
costs (e.g., building and equipment maintenance). The Finance Director
developed a detailed worksheet to calculate this cost, and that worksheet has
been continually refined during the ensuing years.
Having determined an actual cost of each service, and the current rate
of recovery, the Council may now determine what the rate of recovery should
be. Rates for many fees were adjusted in previous years to a 100% recovery
rate, while others were set at less than 100% recovery. Full cost recovery is the
desirable result of this exercise, but many fees represent charges for activities
Agenda Item Review: City Administrato
City Attorney
Finane '
32
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Honorable Mayor and City Council
October 27, 2003
Page 2
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that the City would like to encourage (e.g., strong recreation programs and
protecting the integrity of the water delivery system). By not charging 100%
recovery, Council is choosing to subsidize the activity.
In the Master Fee Schedule, staff has identified the current fee (column 2);
measured and adjusted the cost of service to reflect inflationary and
operational changes, or improvements made to the formula used to determine
cost of service based on experience (column 3); compared that cost with the
current fee (column 4); and recommended what it believes is a reasonable rate
of recovery (column 5) with a corresponding proposed new fee (column 6).
In response to a request by Council last year, a new column has been
added (column 7) to highlight changes in fees. The final column (column 8)
remains unchanged, and reflects additional information about a fee, such as
sub-fees, units of measurement, etc.
Estimated costs of service are rounded to the nearest dollar.
Recommended fees greater than ten dollars are rounded to the nearest dollar.
Fees with a cost recovery greater than 100% reflect either an effort to
participate in commercial user's profits by setting fees at a market rate, in the
case of multiple fees in the Commercial Facilities Rental and Adult Soccer
sections for Recreation and Parks and in the library, or to discourage payees
from writing bad checks, in the case of the Non-Sufficient Funds (NSF) Check fee
in Finance. New to this set of fees with cost recoveries set greater than 100% in
2003-04 are the Pool Rental fees, which are set based on market rates for an
exclusive service.
NOTABLE CHANGES:
Communitv Develooment. Planning Division fees are adjusted
incrementally to reflect the current costs of service. ThellAppeal of land Use
Action to Council' has been divided into two fees, one for Type II decisions
(administrative decisions made by the Community Development Director), and
one for Type III decisions (legislative decisions made by the Planning
Commission). Type II decisions are limited by State statute to a maximum of
$250. This limitation was discovered in late 2002 and adjusted prior to the fee
ever being charged.
The Building Division fees are based on industry-standard fees set by the
International One and Two Family Dwelling Code for residential building fees,
33
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Honorable Mayor and City Council
October 27, 2003
Page 3
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the Uniform Building Code for commercial structural fees, and on the average
fee level of six local jurisdictions of similar size and Marion County for mechanical
fees. All Building fees remain unchanged for 2003-2004 to maintain consistency
with the standards detailed above.
Finance. Finance fees are increased incrementally to reflect current costs
of service, including the NSF Check Fees, which are increased to remain
consistent with current market rates.
Librarv. All Library fees remain unchanged, reflecting Library
management's intent to remain consistent with other libraries in the CCRlS
district.
Police. The Archived Records Retrieval fee is now charged to the nearest
1/4 hour, rather than to the nearest hour, to allow for more precise charges
based on actual costs. This and other Police fees are adjusted incrementally to
reflect current costs of service.
Public Works. The majority the Public Works fees remain unchanged for
2003-2004, reflecting Public Works efforts to protect the integrity of the water,
street, and sewer infrastructure. A fee for users who cut or damage locks
installed by Water Division staff following non-payment of bills is incorporated
into the fee schedule, and is charged based on actual material and labor costs.
The leak Adjustment Fee is reduced following a revision in the estimated cost of
service calculation. Fees for paper prints of maps and drawings are
recategorized to reflect the manner in which they are charged, but otherwise
remain unchanged.
The Deposit Application fee for water service on 5/8" lines (residential) is raised
from $45 to $75 to protect against non-payment of water bills. Based on the
implementing ordinance, water service is not shut off until a user is delinquent for
more than three months. The current average monthly bill is $53.25. The current
fee of $45 is an inadequate deterrent for non-payment, but raising the fee to the
full three month average ($159.75) would be very difficult for low income
residents to afford. The increase to $75 is proposed as a sufficient deterrent yet
affordable fee. Deposit application fees for 1 ", 1 Y2', and 2" lines (primarily
commercial) are also increased to provide adequate protection against non-
payment of bills.
The additional fee for the Bulk Water rate of $1.25 per 100 cubic feet is increased
to $1 .35 per 100 cubic feet to reflect regularly scheduled adjustments in water
34
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r '"
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Honorable Mayor and City Council
October 27, 2003
Page 4
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rates based on the rate study completed and implemented in 2001. The bulk
water rate is charged to contractors who pick up water at the bulk water station
under the water towers or use a meter to get water from a fire hydrant on
construction sites.
Recreation and Parks. The majority of Pool fees remain unchanged for
2003-2004 following increases in March 2003 pursuant to a comprehensive
review of the fee structure by Aquatic Center staff. Fees were recommended at
levels that balance the desire to generate the greatest use of the facility with a
current cost recovery goal of 50% percent. Preliminary statistics suggest that the
fee increases are achieving both goals.
A number of Recreation program fees are increased for 2003-04 to improve cost
recovery with minimum impact on program use, similar to the fee adjustments
instituted at the Pool in the last schedule update. Division staff maintains
program use statistics to provide for an accurate evaluation of the success of
these increases, which will be revisited at the next schedule update.
Furthermore, the methodology used to determine costs of service for Recreation
programs is changed in the 2003-2004 schedule to ensure consistency with the
methodology used by other City departments.
Most fee increases are moderate and allow staff to gauge price elasticity
without causing l'sticker shock:' Although, significant fee increases do occur in a
few fees. For example, the Afterschool Club fee increases from $30 per year to
$100 per year. The new fee is 45% of the cost of service, and market costs for
similar child care programs exceed the new fee for this program by tenfold. The
Open Gym fee for adults increases from $1 to $2 per visit, with the corresponding
15-visit card fee increasing from $15 to $30, reflecting the stated policy of
charging at or near full cost recovery for adult programs.
A fee for an existing program, the indoor playground, that has been charged
outside the fee ordinance structure is incorporated into the schedule for 2003-
04.
A number of fees are removed from the Schedule this year, including: the
facilities use fees the Community Center, reflecting the closure of the facility;
fees for commercial use of the City Hall Council Chambers based on lack of use
by commercial organizations; and rental fees for use of the Settlemier field for
youth soccer and the Legion field for baseball because these fields are no
longer used for these purposes.
35
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Honorable Mayor and City Council
October 27, 2003
Page 5
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fiNANCIAL IMP ACT:
The increase in fees and charges resulting from the recommended
schedule is estimated at $22,000 for 2003-2004.
36
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COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE REPEALING THE SCHEDULE OF FEES AND CHARGES FOR
CITY SERVICES ADOPTED IN 2002, ADOPTING THE 2003-2004 REVISED
SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES; PROVIDING FOR THE
ANNUAL REVIEW OF SAID FEE SCHEDULE AND DECLARING AN EMERGENCY.
WHEREAS, the City of Woodburn has conducted an extensive and exhaustive analysis
of its services, the costs reasonable borne of providing those services, the beneficiaries of those
services, and the revenues produced by those paying fees and charges for special services; and
WHEREAS, the City wishes to comply with both the letter and the spirit of the Oregon
Constitution, applicable state statutes, and limit the growth of taxes; and
WHEREAS, the City desires to establish a policy of recovering the full costs reasonably
borne of providing services of a voluntary and limited nature, such that general taxes are not
diverted from general services of a broad nature and thereby utilized to subsidize unfairly and
inequitable such special services; and
WHEREAS, a schedule of fees and charges to be paid by those requesting such special
services needs to be adopted so that the City might carry into effect its policies; and
WHEREAS, it is the intention of the City Council to develop a revised schedule of fees
and charges based on the City's budgeted and projected costs reasonably borne and to review the
schedule on an annual basis, NOW, THEREFORE
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. ReDeal. The 2002-2003 Master Fee Schedule adopted on November 12,
2003 as Ordinance 2325 is hereby repealed. All fees and charges which are inconsistent with this
Ordinance are hereby repealed.
Section 2. Fee Schedule AdoDtion. The City hereby adopts the 2003-2004 Master Fee
Schedule affixed hereto as Attachment "A" listing applicable fees and charges which shall be
charged and collected for those services enumerated.
Section 3. SeDarate Fee For Additional Process. All fees set by this Ordinance are for
each identified process; additional fees shall be required for each additional process or service
that is requested or required. Where fees are indicated on a per unit of measurement basis, the
fee is for each identified unit or portion thereof within the indicated ranges of such units.
Page I - COUNCll... Bll...L NO.
ORDINANCE NO.
37
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T
Section 4. Review. It is the intention of the City Council to review the fees and charges
adopted by this Ordinance on an annual basis based on the City's next annual budget and all the
City's costs reasonably borne as established at the time and, if warranted, to revise such fees and
charges based thereon.
Section S. Emer2encv Clause. This ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval by the Mayor.
Approved as to form7) ~g6
City Attorney
10 -1~ -ZOO J
Date
APPROVED:
KATHY FIGLEY, 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.
ORDINANCE NO.
38
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i
Annexations $1,697 $1,754 97% 100% $1,754 $57 I
Zone MaP Amendment $2,341 $2,399 98% 100% $2,399 $58 I
~
hensive Plan Amendment $2,341 $2,399 98% 100% $2,399 $58 I
Conditional Use $1,071 $1,104 97% 100% $1,104 $33 ---,
Zonina Adiustment $700 $721 97% 100% $721 $21 I
Variance $1,174 $1,210 97% 100% $1,210 $36 I
~ of land Use AcIIon to CIty CouncI (Type III) $1,103 $1,150 96% 100% $1,150 $47 !
.~--~-- --j
~ of land Use Acllon to CIty CouncI (Type II) $250 $1,150 22% 22% $250 $0 --.------- -.--.-.---.-.---. --1
Partition i
-, ---. ~.- -----.-.--..---------.----.-----.-----j
~imin..~;.A;;;;rov8f----------- ------$969 $995 97% 100% $26 I
--Final Plat ApprovaJ $182 $185 98% 100% $185 $3 - - ~
-.--------
Lot-Une AdjustmelllB & Consolidation of lots $385 $395 97% 100% $395 $10
Subdivision I 4 1018 or more)
--PreIlmI oval $2,535 $2,611 97% 100% $2,611 $76 Plus $16 per lot
"-Final Plat Approval $639 $655 98% 100% $655 $16
P.U.D. (4 lots or more
-Preliminary Plan A. proval $2,149 $2,212 97% 100% $2,212 $63 Plus $26 per lot
--Deslan Plan Final pproval $940 $967 97% 100% $967 $27
-Final Plan $475 $485 98% 100% $485 $10
Site Plan Review (balM ild on SQuare footage)
--under 1,000 sq. ft. $629 $644 98% 100% $644 $15
,. --1,000 SQ. ft - 4,999 sq. ft. . $1,657 $1,705 97% 100% $1,705 $48
\l -5,000 sq. ft. - 24,999 sq. ft. $2,171 $2,233 97% 100% $2,233 $82
--25,000 SQ. ft. - 99,999 sq. ft. $3,145 $3,233 97% 100% $3,233 $88
--100,000 SQ. ft. - 199,999 SQ. ft. $6,763 $6,947 97% 100% $6,947 $184
-200,000+ SQ. ft. $12,606 $12,945 97% 100% $12,945 $339
Sign Ordinance ComoIiance Permit
--under 30 SQ. ft. $31 $32 97% 100% $32 $1 !
30-75 sq. ft. $106 $109 97% 100% $109 $3
--76-150 SQ. ft $157 $162 97% 100% $162 $5 I
--150+ SQ. ft. $273 $282 97% 100% $282 $9 I
ExceplIon to S1nlet ROW and IIIlpIU\I8II'IeI Requinmenta $1,174 $1,210 97% 100% $1,210 $36
SpecIlic CordionaJ Use far a HiIIlorIcaIy SlgnIIicant Sll& $1,019 $1,051 97% 100% $1,051 $32 i
Formal Interpretation of the WOO $1,533 $1,590 96% 100% $1,590 $57
Manufactured Dwelling Park i
--Preliml aI $2,329 $2,399 97% 100% $2,399 $70 i
--Final Plan $572 $586 98% 100% $586 $14 i
Phasing Plan $1,148 $1,178 97% 100% $1,178 $30 !
Residential ArchitecluraJ Standards Substitution $250 $258 97% 100% $258 $8 !
Slgnllcant W8lIands Overlay DI8lrlc:t (SWOO) Penn. $420 $429 98% 100% $429 $9 !
I
T eIecommunIcallons Facay SpecIlic CondIIIonaJ Use $1,300 $1,339 97% 100% $1,339 $39 i
Temponuy Outdoor MaIkellng and SpedaJ Event Perm. far a I
Woodburn DIMlIopment 0rdNnce SpedaJ Use $121 $125 97% 100% $125 $41
Tree Removal Permit $93 $96 97% 100% $96 $31
Formal Pre-, Conference $382 $389 98% 100% $389 $7
Inte of Uses $1,791 $1,854 97% 100% $1,854 $63 Ipius Measure 56 natice cos18, If applicable I
Interpretation of Zonl DIstrict Boundaries $1,843 $1,907 97% 100% $1,907 $64 iplus Measure 56 notloe costs, If 8DDlicable I
---;
____J
PAGE 1
2008-2004 MAsn;1l FEE SCllEDUUi
-1
~
--.---- I
I
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$0
$0
$0
$0
$0
$0
$ij
so:
$0
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$01
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$0
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$0
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~
$0
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$0
SO
~
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for the fist $500, pkJs $1.95 for -=h addIlionaI $100.00 or fraction thereof, lID and lraJding
$0 $2,000
for the 1nt $2.000, pkJs $7.80 for -=h addIlIonaI $1,000.00 or fractlon thereof, lID and iIcUdlng
$0 $25,000
for the 1nt $25,000, pkJs $5.85 for -=h addiIlonaJ $1.000.00 or fraclIon thereof, lID 8I1d
$0 irlc*d1g $50,000
for the 1nt $50,000, pkJs $3.90 for each addIlionaI $1,000.00 or fraction thereof, to 8I1d
$0 ilcWng $100,000
$0 for the 1nt $100,000, pkJs $3.25 for -=h lIddlIIonaI $1 000.00 or fraction thereof
$25
$14
$27
$14
~
$30
$421
S65
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$22:
$11
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i40
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$191
$76
$6
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$9,
~
$6
~
$16,
$10i
$13
$6i
$13::;1
,
$13.001
$42.251
$221.65i
:.90i
$562.90
~
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$951
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$151
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$761
$8
~
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$61
$2i
$161
$10
$13
$6
tl:
MECHANI' fees do not Include 7% state SUrcharl
BAsE FEE
Forced Air > 00 BTU
Forced Air < 00 BTU
SuspendedIRec s WllfJFIoor MoumlIcl una HealBr
Compressor 1100,000 BTU Boller
Compressor ) 1500,000 BTU Boller
Compressor ) 11,000,000 BTU Boller
Compressor )/1,750,000 BTU Boller
Compressor 50hp 11,750,000 BTU Boller
Air Handling Unit to 10,000 CFM
Air Handling Unit over 10,000 CFM
Evaporative Cooler
Domestic Hood
CommercIaJ Hood
Domestic Incinerator
Commercial Incinerator
Exhaust Fan & Duc:tIDryer Vent
Wood Stove, Gas Decorative Appliance
IIance Vent Not Included In lance
r/AlteratlonlAddItlon of or Cooli
Gas Une 1-4 Outlets
Additional Gas Outlets
Gas - Une Without
re or Water Heater
Iated but Unclassified nt
Smoke Detector/Shut Down
RESIDENTIAL (all fees do not Include 7% state su
'Total Valuation"
--$1.00 to $500.00
-t
,
~
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--$501.00 to $2,000.00
--$2,001.00 to $25,000.00 $42.25
--$25,001.00 to $50,000.00 $221.651
-$50,001.00 to $100,000.00 $367.90i
--$100,000 and up $562.901
COMMERCIAL (all fees do not include 7% state surcharge)
Total Valuation..
--$1.00 to $500.00
--$501.00 to $2,000.00
$13.00
$13.001
.-<1
$O! -
...;...;;. for the 1nt $500, pkJs $1.50 for -=h addIlionaI $100,00 or fraction thereof, ID and ilckJdilg
$0 $2.000
for the 1nt $2,000, pkJs $6.00 for -=h addIlionaI $1,000.00 or fraction thereof, ID 8I1d lncUdilg
$0 $25,000
for the 1nt $25,000, pkJs $4.50 for each lIdcIllIonaI $1,000.00 or fraclIon thereof, to and
$0 ilcWng $50,000
for the 1nt $50,000. pkJs $3.00 for each addIlionaI $1,000.00 or fraclIon thereof, lID 8I1d
$0 ilcWng $100,000
!9 for the 1nt $100,000, pkJs $2.50 for each addIlionaI $1 000.00 or fraction thereof
($0: per hour
PAGE 2
nla
i
nlal
--;
nlai
nla,
i
nlal
nlai
100% 100%
- -
2003-2004 MAsI1!R FEE SCHEDULE
$10.00
$10.001
$32.501
--
$48,
nla
nlai
---,
~
nla
nla
$48
$10.00
$10.00
$32.50
$170.50:
-
$283.001
$433.00,
$48
--$2,001.00 to $25,000.00
--$25,001.00 to $50,000.00
--$50,001.00 to $100,000.00
--$100,000 and up
OTHER
Outside Normal Hours
I
I
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------.---------------1
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--.--.----.----,-------- I
I
I
changes, additions, or revisions to approve plans. charged per I
I
------ ---.-.
----
tie chaIged per pIIII8 eIde (pU. ~ tie of $31}hour, chaIged III the Il8IU8lIt 1/4 hour
only for complex duplcatlve I1lqI.sts requklng aver 1/4 hour of ~). 8ddIlIonaI chargelI
$0 may be added for poetage and handing, fllllCll8lllllY. __________
tie chargecI per tape (pU . ~ f8e of $31/hOUr. charged III the nearest 1/4 hour only for
complex clupIcatIve I1lqI.sts I8ClI*lng aver 1/4 hour of ~). addIIonaI chargelI may be
$0 added for poaIIIge and handing, f ~.
$7 f8e cIlarg8d~ dance, $300 per year (fee applies only Illl!lOUpe charging admission)
$0
$0
made to avoid water shut-off (in addition to check tee)
$4
V
I
each
led per hour
~reqUlred by
($011 hour
!g
($.g
$01
~
!
$0
$5
$5
$0
$0
100% _ $171
2003-2004 MAsTEll fJlll SCHliDULIi
$0.051
----,
$3.00
$142!
i24
~
$25
i30
$10
$0
$100
$75,
$75'
$75!
$35i
$35:
$271
---1
$951
~
I
$1.00
I
100%$481
100%1 $48'
, 25'1(, of!
! tIank:al
nlal penna
I -
, 85'1(, oj!
1~nU~.
2S'I(,of
nlal slructuraI permll
100% $48
~ "t4R
relum post +1
4% Iendlng ~
29% list price!
100% $O~
115% $161
121% $21
100%
~-
100%
100%
100%
100%
327%
409%
163%
0%
nla
nla
ilii
nla
nla
nla
95%
100%
100%
" nla
nla
nla
100%
100%
100%
100%
95%
100%
99%
327%
409%
163%
0%
4%
29%
100%
115%
121%
100%
$48
$48
~
nla'
nla
$48
148'
$0.05
$3.00
$142
$24
$33
$6
$6
$6
$25
nla
nla
nla
nIa
nla
nla
$27
$95
SS41
II
O.58!
$1.22
$69
$69
$0.05
$14
$17
$17
$0.05
$3.00
$135
$24
$33
$20
$25
$10
$0
$100
S75
$751
i751
$35!
$3S
~
$91
i I
Re-lnspecllonS for which no f8e specllIcaIy indicated ~
Inspections for which no fee specifk:al1y indicated $481
2S'I(, ol!
hanical
'plan Review (Mechanical) _____________ ~
~ Review (Structural)___________._._.~85'1(, ~~
2S'I(,of~nU
Plan Review (Fire. Life Safety) permlI
Additional Plan Review $48
liiVestlgations Fee- 148
.1
$1:00
I8lum post +
lending chaIge$
list price
$0.05
$16
$21
$17
Copy Fees (doaJlTI8Il~_________t-
Copy Fees (tapes)
Public Dance Permits
lien Search Fees (per request)
lien Filing Fees (per request)
NSF Check Fee
, --first and second time
, -remainder
--avoidance payment
Copy of the Budget
liquor License
--new (all types)
--change In ownership
-change In location
--change in privilege
--renewal (all types)
--temporary/special event liquor license
Sound Amplification Permit
Solicitor's License
--new
--renewal
.. . '.:
Key Ring Cards ailiH:f
Caids
Charge for Interlibrary Loan (ILLs)
Lost Books and Materials
PrInting, Computer
CamegIe Room Use
Multi-Purpose Room Use
Room Use Monitor Fee
~
...
.
1
$Olfor non-residents outside the CCRLS system boundaries
non-resldents Inside the I
$75
64%
m
64%
5fl
$117
ff11
$75
10]
Non-Resident Borrowing Card ~Outslde CCRLS)
Non-Resident I card Inside I
I
! 00% ~4 $1 file charged for average -.ell time (Includes fist two pages, $1,00 each addillonaJ page)
100%__ $16 $1 file charged for average -.ell time (Includes fist RICOId. $1,00 each addllional record)___.J
. "".--..... _1/4....... _....."....._ .~
100% varies $4 10 1he I8IJOfI flit (pkls $1.00 per record)
79% $150 $0
100% $24 $1 fee m..rnarl per persOn !
:: -$: ::::00":_-. .... ~
100% oontractDr $0 !
, ----_._-----_._._---------------------~
100% $:] $5 first hour of obnoxious vegetation abatem8~- ---1
-sol 1
$0 5% of cost but not less than $10
$0 Ius 4% over $5,000
$0 s 3% over $25,000
$0 plus 2% over $100,000
$0
$0
SO
$0 i
- ~
~ - ~
~ j
~ - -
$0 ___ _ _
COllIII based on acIuaI cost of instaJlaIion for labor and 1Il8I8rials. plus 15% of said ,i
$0 cost for 8dmlnIsInIIlve and overhead expense
charges are baaed on acIuaI cost of replacement IoclarImeters cut or damaged by 1
$0 users, and I8bor cost for lII8ff 10 r l18m(s) !
($10) deducted from total credit of leak adjustment (Ordinance '1866)
nla 5% of cost,
nla $2501
nla $1,000'
nla $3,0001
34% $30
69% $15:
71% $100
94% $225:
94% $325
96% $1,075'
96% $1,225
cost del
nla C
cost det.
nlal 9!l
81% $10,
$24 94%
$16 93%
$49 94%
$189 79%
$24 94%
$63 --fi6%
97%
100%
97%
100%1
-
· Cost o!.!!!!e
nla
nisi
nlai
nla
34%
69%
71%
94%
94%
96%
96%
~~~raffIc Accident Reports ____________ $23
RecordsJ::omputer Scans ______ $15
Archived Records Retrieval $46
Statutory Vehicle Irnpoundmerlt- $150:
Fingerprinting (for the School DistrIct) _____ _____~
Police Investigations S60
Nuisance Abatement Fees
--=iirst hour $137
..each additional hour or fraction thereof
Vegetation Abatement Fees
--first hour
-=8i noor or fraction therem
nla
nlEt;
161%
Con8truction Pennftfor Work Iil the Public Right-OJ"Way Inailce '1 'f
--under $5,000 5% of ciiSil - nlal
--$5,000 - $25,000 $250 ~
--$25,000. $100,000 $1,0001 ----rii8
t: --over$100,OOO $3,000 ~
Weep Holes -
-first $30 ~
--each additional $151 $22
f5ewerTap $1001 $142
[Water ServIce Installation Charges (Ordinance '1866) ==
--3/4" line and 518" meter $225f $239
--1" line and meter $325 $347
:'1-1/2" line and meter $1,0751 $1,124,
--2" line and meter $1,225: $1,275
cost det. by -
--3" and larger Une and meter ~. nt a.
cost del. b
C. nla
$201 $12
.,
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$201 I
$50 I
$50
$20
~ -
$1.50
$1.00
$10 $0 ::: ~
2008-2004 MAslEll Fml SCHEDULE pAGE"
L9 =5
$23 87% 87%
$44 80%! 80%
$1.50 100%' -100%
$1.00 100%' 100%
- _. -
$10 100%' 100%
-. -.------...
Charge for Lock RemovallMeter Damage
Charge for Leak Adjustment Service
Reconnect for Non-Payrnent/Service (Ordinance
'1965) Restored: _ _
--full payment during bus. hrs _ _ $20
--full payment after ~. hrs (ADD) ______ ~_~
_~.:~yment o,,! holidays, weekends ~~ _______ $50
--turn on/off $201
Curb Cuts $35i
APProaches $1.50
T & E $1.001
paper cOpies
-__p1~tted drawings & n18Ps (24~~ 36")_____ _____~1 0
-i
-=DiOtted drawlnaa & m&D8(36" x 44") $18 $18 100% 100% $18 $0
--enaineerl . r (per SQuare foot) $0.75 $0.75 100% 100% $0.75 $0
Digital Data
--AutoCad maps $50 nla nla nla $50 $0 D8I' 1/4 section sheet I
--GIS maps $50 nla nla nla $50 $0 per 1/4 section sheet (shaoefile or laver from coveraae)
Construction Standard tions $40 nla nls nla, $40 $0
Benchmart< Monument M renee $5 nla nle nla $5 $0
Desion Standards (In draft) $20 nla nla nla $20 $0 fee and cost of service estimated
Monthly Water Service Related Charaes
DeposIt Application for 5/8" Unes [residential) I
Ordinance .1965) $40 nla nla nla $75 $35
Other 0ep0S~ Amount
--1" $40 nla nla nla $90 $50
--1-1/2" $45 nla nls nla $125 $80
--2" $85 nla n/s nla $150 $65
--3" $170 nla nls nla $170 $0
--4" $275 nla nle nla $275 $0
--6" $540 nla nls nla $540 $0
--8" $600 nla rlJS nla $600 $0
Bulk Water Rate (Ordinance '1866) $30 30 100% 100% $30 $0 DIus $1.35 oer 100 wbic feet
Meter Error (when customer requests the city to
test the meter serving individual's premise ~I
Ordinance .11866)) -
--5/8" - 3/4" $20 $97 21% 21% $20 $0 __________
~~:.1" $30 $117 26% 26% $30 $0 :
~ --1-1/2" $65 $117 56% 56% $65 $0
-fi!' $100 $187 ..... .." $100 $0 I
--3" $130 $187 70% 70% $130 $0 _
~.. $150 $347 .... .... $150 $0 __I
--6" $165 $347 48% 48% $165 $0
~~-----_______._ $175 $347 50% 50% $175 $0 _
OUtside City Ulnits Surcharge for Water Charges 1.5 factor 1.5 facto! i
(Ordinance '1965) surcharae nla nla nla surcharae $0 surcharae factor Is 1.5 for all rates & charges for services outside city I
Hardship Relief (Ordinance '1965) 40% nla rlJS nla 40% $0 40% by submitting proof of $12,120 or less vearIv income
Hydrant Relocation varies n/a nla nla varies $0 fee determined by the Water Division
.........., "S5II $571: lOO'Jli llXnlt $570 I for........" nlllllltftJ v_uun requests
Dal Admlssions I
--infant 0-2 with oaId adult) $0.00 $3.79 0% 0% $0.00 $0 I
--chIld (3-12) $1.50 $7.57 20% 20% $1.50 $0 I
--YOUth 13-1ID $2.00 $7.57 26% 26% $2.00 $0
--adult 119-54) $2.50 $5.05 50% 50% $2.50 $0 -I
--honored citizens (55+ and diS8bi8df $2.00 $5.55 36% 36% $2.00 $0 I
Punch Cards 1
--infant (0-2 with paid adult) $0.00 $76 0% 0% $0.00 $0 !
--child (3-12) $28.50 $151 19% 19% $28.50 $0
-YOUth 13-18) $38.00 $151 25% 25% $38.00 $0 I
--adult 119-54) $47.50 $101 47% 47% $47.50 $0 I
--honored citizens (55+ and disabled) $38.00 $111 34% 34% $38.00 $0 U!
Memberships (3 months)
PAGE 5
2008-2004 MAsTE1l FEE SCHEDULE
..
1
.
$91 0% 0% $0 $0 _
$182 22% 22% $40 $O! !
$182 30% 30% $55 Sot - i
$121 54% 54%. $65: sor -!
$133: 41% 41%1 ~ !QI =-- I
I I i
_____ _ -.--J I
$363 0% 0% $0: $0 I
$7271 2'" 21" $1 $0 I
$727 ~ 28% $200 $0 I
$485 ~ 52% $250 $0 i
$533 38%: 38% $200 $0
! 1st member-100% of highest fee, 2nd member-5Q% of 2nd highest fee, 3rd i
nla nla nla varies $0 member-25% of next h hest fee I
I
~ 0% 0% $O~ $0 I
$61 23% 23% $13.75 $OannuaJfee=$165 !
$61 31% 31% $19.00 $0 annual fee = $228 i
$40 57% 57% $23.00 $0 annual fee = $276
$44 43% 43% $19.00 $0 annual fee = $228
1st member-100% of highest fee. 2nd memb8r-5Q% of 2nd highest fee. 3rd
nla __ nla nJa _ varies $0 member-25% of next h hest fee ______________________________~
$= ~~: ~~: :~~ : .____=---=~_~~__ - --- 1
EE -~= ~=.! E lookJdl books-36 ~~=-- _____~~___~=~~~=~----= --- I
~ :: :: $: : =rs books-4O hours -----~=::=_=-~
$36 -ra% 78% ---- $28 $0 sessIon-8lessOOs In-4-_kS'--=-=-====:~ . I
$48 67% 67% $32 $0 15+-sessIon-8 Ies80ns In 4 weeks I
$100 -80% 80% $80 $0 m1ninum 4 Iessons- r 30 minutes ----~
$179 -e7% 67% $120 $0 m1ninum 4 lessons- . r ~~Inutes, 2~persons sTmj~=~~~~~~
$3.79 0% 0% $0.00 $0 ___~~=.:~_:~-=---==~
$7.57 26% 26% $2.00 $0 i
$7.57 33% 33% $2:50 $0 -------------:-,:-::-_:------- ~
::~ :: :: ::: :_--------_._-----~==_:=-------j
- --'_'__ ___ _____.... ________._.._.._...._..________________,__________m_._____.__.__._1
$76 0% 0% . $0.00 $0 _________ .. ___ I
$151 25% 25% $38.00 SO !
$151 31% 31% $47.50 SO----.--------'----..~
$101 56% 56% -$57.00 $0 -------..----------------------------;
$:'=: ~:, _~;;= :' --~~;=====:-_-~==~~~_l
:~:; --~ :: ------ :'- :r ______________..,_________=-=J
$121 64% 64% $78 sol- ------ -----------i
. __ ______________..__.__._-------l
2003-2004 MAsTE1l FEE SCHEDULE PAGE 6
SO
$40
$55
$65
$55
$0
$150
$200:
$250:
::::.=::.::i
$2OOi
varies
--
:
$O.OO!
$13.75
$19.00
$23.00'
$1..,
--household varies
-..--.----------------------- -'-'---'-
Pool Rentals ..
--1-50 swinlmerSlhour $1001
--51-100 swImmersIhour $150:
---------.- j
..101-150 swImmersJhour $200:
--151-300 SWimrilerslhour--- . ---$225'
Ufeguard Tr8Inlng $125
WSI______m -- -- _ $1501
~!:__UfeguardTrai~__________.__ ____~
Swimming Lesso"!.__ . __ $28:
Adult Swim~ Lessons _ $321
. PrIvate SwImml~~_________ _____ $80
Semi-Private Swimml Lessons $120'
Daily Admissions __ . _~
-=!.~~2 with paid adult) $0.001
....:...-chlld @:!?L_____________._____ ____ $2:QQl
--youth (13-18) . _ $2.50;
-adult (19-541._____ __ ___$3.001
_=~~ns (55+ and disabled) __ $2.501
Punch Cards
-=iilfiilt [0-2 WlthpakfaauJij-----'--------- ,=-$0-:-001
-child (3-12) . _ $38.001
~,~;!:!!IL_________________,____ _~7.5O
._=~~J19-~1_______________________________ ______~7.00i
_~::..~ed_C?ffiz!~J.~.and dlsabled)____ ______ $47.50
.M~~~~..~L______.,.________ _____~
'_~=~~~ paid adult) _______ ______~
;~=:~~~=~ ==:
---~----,---_.
I I i
--infant (0-2 with
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--youth (13-18)
--adult (19_54)
--honored citizens (55+ and disabled)
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--Infant (0-2 with paid adult)
--chIld (3-12)
--youth (13-18)
--adult (19_54)
--honored citizens (55+ and disabled)
adu
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Memberships (annual-ctWQ8d monthl'y)
--infant (0-2 with paid adult)
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$0 annual fee = $330
$0 annual fee = $276
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$0 member-25% of next h hest fee
$0
$0
$0
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$0 IncIud books-40 hours
$0 24 hours
$3 session-81essons In4_iCS------- --
$11 15+-888S1on-8 lessons In 4 weeks
$0 minimum 4 lessons- r 30 minutes
$0 minimum 41essons-per 30 minutes, 2personssimuar.-and ability ~
$65
$0
$200
$250
$300
$250
varies
$0.00
$19.00
$23.00
$27.50
$23.00
varies
$125
$175
$225
$250
$136
$110
$45
$36
$48
$100
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2008-2004 MAsTEll FEE SCHEDULE PAGE 7
~
$Oj
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~_...,. of__fee
$651 $133 49% 49%
~ - - -
$0 $363 ocx. ocx.
$200 $727: 28% 28%
$250 $727 34% 34%
$300 $485 62% 62%
$250 $533 47% 47%,
-:--I
varies nla nt nlal
$0.00 $30 ocx. ocx.
$19.00 $61 31% 31%
$23.00 $61 38% 38%
$27.50 $40 68% 68%
$23.00 $44 52% 52%
varies nla nt nlal
$125 $96 130% 130%
$175 $120 146% 146%
$225 $168 134% 134%
$250 $216 116% 116%
$136 $158 86'l. 86%
$110 $268 41% 41%
$45 $115 39% 39%
$33 $36 . 92% 100%
$37 $48 T7% 100%
$100 $100 100% 100%
$150 $179 84% 84%
Co-Rec ActIvItleslDanCes $3 $3 100% 100%
Dance Instruction Classes -
--peI~__________._____ --- $6 nla ~
--four clas8esIsession $24 nla nlai
-=fiVe classeslsession _ $30 nla nlal
Production Dance & Performance $40 nla nlal
Summer Dance ~__________ _ ___ . =
--one session $50 nla nlal
-one seSSion (If enrOiiEKfin day camp) -. $30 nla nla
--two sessions $80 nla nlal
SU~1ner Day camp ...:=_~:=:::= _,____.. __ =
~week__,___ $40 $69 58% 65%
--all 8 weeks $290 $552 53% 65%
~~~~~~(i)8r_kr-- _-112 $14 __!7% J!7%
~~nded Camp Hours (all 8 weeks) ___~ $110 _ 76% 87%
~f)~_____,_____ __
i- --adun (per 1 'h.hr '!'i!!9.____, _-.!! $2.24 __~% 89%
l_.:-adun (151 'h hr_vls!!.P.t!.nch ~ $151 _ $34 45% 89%
--::~.J!.l!~ v~____ ._ _ _____ $0: $2.24 ocx. ocx.
Youth Soccer or Basketb
~-----_._--- -- - -_.. -
-one player per fam!!l.. $21 $27 T7% 91 %
-. ._.
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_ --honored citizens (55+ and disabled:
Memberships (annual)
--infant (0-2 with paid adun)
--child (3-12)
--youth (13-18)
--adun (19-54)
--honored citizens (55+ and disabled)
--household
Memberships (annuaJ-charged monthly)
--infant (0-2 with paid adult)
--child (3-12)
--youth (13-18)
--adun (19-54)
--honored citizens (55+ and disabled)
--household
Pool Rentals
--1-50 swlrnmers/hOi.,r-
--51-100 swlmmerslhour
--101-150 swlmmerslhour
-:.~ swimrner&ihour
_Lifeguard Training
WSI
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$50 * fee was increased mid 02-03 from $30 to $50
$0 session-7 weeks
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$0 per event
,481
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$2
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PAGE 8
$5
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$35
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i17
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--each additional player
'Sports Pack Program (soccer & basketbali)
--one player
_ --each additional player
Youth Tackle Football Program
Youth Sunvner Sports Camp
Adun Softball Team Management Fee
Adun Basketball league Management Fee
Walt's Fun Run Registration
--Individual
--age 8 and under
--family
Woodburn Open Tennis Tournament Reg
--&dun singles
Park Facilities (per day)
--legion Park PIcnic
-Setllemler Park PIcnic
--Burlingham Park Picnic
-Senior Estates Park Picnic
--any entire park
Athletic FI8Ids (per hour)
--Settlemier Park (sofIballlba
--legion Park (&dun soccer)
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--Centennial Park YOUth soccer) $7 $24 29% 82% $15 $8 0.__'
..Centennial Park adult soccer) $17 $24 71% 100% $24 $7
--Centennial Park sofIbaIlJbaseballl $7 $28 25% 65% $18 $11
Field Prep (all fees I8r aame\
--sofIbaIlIbasebaIl $35 $59 60% 68% $40 $5 chalkina, draaaing, settlila baseS --
--soccer $35 $59 60% 68% $40 $5 chalking
Athletic Field Uahtiria $15 $20 75% 75% $15 $0 all fees per hour-Settlemler & Leaion Parks
DeDOSits (per YOUth rentall $25 nla nla nla $25 $0
~ultrental) $50 nla nl8 nla $50 $0
Park Faclllties (per day)
-Leaion Park PIa1Ic $50 $45 112% 112% $50 $0
-Settlemler Park PIcnic $50 $39 127% 127% $50 $0
-Burlingham Park PIcnic $37 $34 108% 108% $37 $0
Senior Estates Park PIa1Ic $37 $39 95% 95% $37 $0
Athletic Fields (per hour)
--Settlemler Park (sofIbaIlIbasebaIll $10 $28 36% 100% $28 $18
--Lealon Park (adult soccer) $25 $30 82% 131% $40 $15
--Centennial Park 'YOUth soccer) $10 $24 42% 100% $2.01 $14
-Centennial Park adult soccer). $25 $24 104% 145% $35 $10
--Centennial Park softbaIlIbaseball $10 $28 36% 100% $28 $18 I
Field Prep (all fees
--sofIbaIlIbasebaIl $35 $59 60% 68% $40 $5 chalking, draaalna, setting baseS
-soccer $35 $59 60% 68% $40 $5 chalking
. Field Uahting $20 $20 100% 100% $20 $0 all fees per hour-Settlemler &L.8aion Parks
. YOUth rent:a1f $25 nla nil nla $25 $0
eposits (per adult rental) $50 nla nil nla $50 $0
Other
Special Event Pennit (one day) $1,275 $2,345 54% 54% $1,275 $0
PLUS Additional Davs $400 $801 50% 50% $400 $0
OR Per Event Per Attraction Fee $50 $50 100% 100% $50 $0 whichever is greater
pAGIl 9
2003-2004 .MAsTE1l FEE SClllIDULIi
J
~a.~
~
WOODBU~N
I"rorpo,a,td -f1l89
~ ~10B
.
.
October 27, 2003
TO: Mayor and City Council through City Administrator
FROM: Jim Mulder, Director of Community Development r
SUBJECT: Ordinance Approving Design Review 03-14 (Winco)
RECOMMENDATION:
Approve the attached ordinance approving Design Review 03-14.
BACKGROUND:
The City Council, at its October 13, 2003 meeting, directed staff to prepare an
ordinance to approve the above referenced application. That ordinance is attached.
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
Agenda Item Review: City Administrato
City Attorney
Finane
48
1'--
"._--'--T"'-'--~"._-- -
. t. -.~
~
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE APPROVING DESIGN REVIEW APPLICATION CASE FILE NO. 03-
14 AFFECTING PROPERTY LOCATED AT 400 WOODLAND AVENUE; AND
DECLARING AN EMERGENCY.
WHEREAS, the applicant, Iverson's Unlimited Inc., submitted Design Review
Application Case File No. 03-14 to place a 320 square foot modular office building on the
east side of the Winco Foods property located at 400 Woodland Avenue; and
WHEREAS, the Woodburn Community Development Director previously
approved said application; and
and
WHEREAS, the Woodburn City Council called this approval up for its review;
WHEREAS, the Woodburn City Council has conducted a public hearing and
reviewed the record in Design Review Application Case File No. 03-14; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That based upon the findings and conclusions contained in Exhibit
"AU which is affixed hereto and by this reference incorporated herein, Design Review
Application Case No. 03-14 is approved.
Section 2. That the land use application approved by Section 1 herein is subject
to the conditions contained in Exhibit "B", which is affixed hereto and by this reference
incorporated herein, which the Council finds reasonable.
Section 3. This ordinance being necessary for the immediate preservation of
the public peace, health, and safety, an emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval by
the Mayor.
Approved as to form~.~ ~
City Attorney
/0--2'1- Z.90J
Date
Page 1- COUNCIL BILL NO.
ORDINANCE NO.
49
If
Approved:
Kathryn Figley, 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.
ORDINANCE NO.
50
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"'_._-.'-'~'-",....' '"-,.l"...._-~--
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EXHIBIT "An
FINDINGS AND CONCLUSIONS
DESIGN REVIEW 03-14
I. APPLICATION INFORMATION:
Applicant:
Iverson's Unlimited Inc.
P.O. Box 100
Sublimity, OR 97386
Property Owner:
Winco Foods
A TIN: Roger M. Roth
P.O. Box 400
Woodburn, OR 97071-0400
II. NATURE OF APPLICATION: The applicant requests administrative design
review approval of a 320 square foot modular office building on the east side of
the Winco Foods property located at 400 Woodland Avenue.
III. RELEVANT FACTS: The subject site is located at 400 Woodland Avenue and
further identified on Marion County Tax Assessor's Maps as Township 5 South,
Range 2 West, Section 11, Tax Lot 100 and 5 South, Range 2 West, Section 14,
Tax Lot 100. The property is 82.12 acres in size and is currently being used as a
distribution and warehousing center for Winco Foods.
The subject property is zoned Light Industrial (IL). The adjacent properties to the
north ( across Newberg Highway) and east are zoned Commercial General (CG)
and designed as "Commercial" on the Woodburn Comprehensive Plan map. The
property on the east is in use as Hillyer's Mid-City Ford Car Dealership and the
property on the north (across Hwy 219/Newberg Hwy) is being used for the Miles
Chevrolet auto dealership. The parcel to the north and west (across Woodland
Avenue) is zoned Light Industrial, designated "Industrial" on the Woodburn
Comprehensive Plan map and is being used for a warehouse and distribution
center by the Do It Best Hardware Company. Interstate 5 extends along the
southeast side of the property. The properties to the west (across Interstate 5)
are zoned Commercial General (CG), designated "Commercial" on the
Woodburn Comprehensive Plan map and are the location of the Wal-Mart retail
store and vacant land. The Woodburn City Limits extend along the west and
southeast sides of the subject site. The Urban Growth Boundary (UGB) extends
along the property's west boundary. The adjacent property to the west is zoned
Marion County Exclusive Farm Use (EFU) and is used as farmland. There is no
wetland located on the Wince property. The subject site is located outside of the
500 year floodplain.
Page 3- COUNCIL BILL NO.
ORDINANCE NO.
51
T'
"...."-..-,, ".."".,"'..... '..-T.."."----'"------..--"...--~ T
i
The subject property has been developed with a 911,097 square foot (main
building, truck maintenance garage and salvage building) food distribution facility
which is owned and operated by Winco Foods. The Woodburn Community
Development Director approved the partition of the subject property into two
parcels (an 82.12 acre parcel and a 1.39 acre parcel) on March 11, 2003 (Case
File No. PAR 02-02). In 2002 (Case File No. SPR 02-02) the Planning
Commission approved an expansion of the north side of the main building with a
49,496 square foot cold storage area and a 4,629 square foot equipment storage
area. This 54,125 sq. ft. addition was part of the phase III development of the
overall master plan for the site. Phases I and II were approved by the Planning
Commission in May of 1996 through site plan review approval (Case File No.
SPR 96-05).
IV. RELEVANT APPROVAL CRITERIA:
WOODBURN DEVELOPMENT ORDINANCE
Section 2.110 Light Industrial (IL)
Section 3.101 Street Standards
Section 3.102 Utilities and Easements
Section 3.103 Setback, Open Space and Lot Standards, Generally
Section 3.104 Access
Section 3.105 Off Street Parking and Loading
Section 3.106 Landscaping Standards
Section 3.107 Architectural Design Guidelines and Standards
V. FINDINGS:
WOODBURN DEVELOPMENT ORDINANCE
Section 2.1 Land Use Zoning
Section 2.110 Light Industrial (IL)
Section 2.110.16 Dimensional Requirements
The following dimensional requirements shall be the minimum
requirements for all development in the IL zone.
A. Lot Standards.
Lots in an IL zone shall comply with the applicable standards of
Table 2.1.17.
Page 4- COUNCIL BILL NO.
ORDINANCE NO.
52
T'
-,- ,.,---.._-....,.....--~-'-~~-~.,----_.__..
..
,.
TABLE 2.1.17
Lot Standards in an IL Zone
In an IL zone the lot area for a non-residential use shall be adequate
to contain all structures within the required setbacks. There shall be
no minimum width or depth.
FINDING: The proposed mobile office is located over 100 feet from all property
lines which exceeds the required 60 foot setback from Newberg Highway IState
Highway 219, 10 foot setback from Woodland Avenue and Interstate 5 and 5
foot interior yard setback. This approval criterion is met.
B. Building Height.
The maximum height of buildings shall not exceed 70 feet, EXCEPT
chimneys, spires, domes, flag poles and other features not used for
human habitation (EXCEPT telecommunication facilities), shall not
exceed 100 feet.
FINDING: The modular office is proposed to be 12 feet in height which meets
the above stated standard.
C. Setback and Buffer Improvement Standards.
1. Front Yard Setback and Setback Abutting a Street:
a. Dimensions:
The minimum setback abutting a street shall be 10 feet plus
any Special Setback, SectIon 3.103.05.
FINDING: The subject parcel has frontage on Newberg Highway/State
Highway 219, Woodland Avenue and Interstate 5. The required setback
adjacent to Newberg Highway/State Highway 219 is 60 feet (50 foot special
setback plus 10 foot front yard setback). The required setback adjacent to
Woodland Avenue and Interstate 5 is 10 feet. The proposed mobile office is
located over 200 feet from Interstate 5, over 300 feet from Woodland Avenue,
and over 1300 feet from Newberg Highway. The proposal meets this criterion.
b. Off Street Parking, Maneuvering and Storage:
1) Off street parking and storage shall be prohibited
within a required setback.
Page 5- COUNCIL BILL NO.
ORDINANCE NO.
53
T'"'~ .- ,," --.- , ....-. "--.....-1"'.. ,,,..,,....
...... "","".-........~~ ",,",
. ..
.,.
2) The distance between the sidewalk on a public street
and a loading dock shall be sized to preclude
vehicles using the dock from projecting over the
sidewalk.
FINDING: The applicant is not proposing any parking or storage as part of this
proposal. This criterion is met.
2. Interior Side and Rear Yard Setbacks.
a. Development in an IL zone shall be subject to the setback
and buffer requirements of Table 2.1.18.
TABLE 2.1.18
Interior Yard and Buffer Standards for IL Zones
Abutting Property Landscaping Wall Interior Setback
RS, R1 S, RM, CO, There is no buffer Solid brick or 30 ft.
P/SP zone; or yard landscaping architectural wall
requirement for an with anti-graffiti
Existing interior yard surface, no less
residential unit abutting a buffer than 6 feet or
wall. greater than 9 feet
in height.
CG, DDC, IP or IL There is no buffer Alternative A: 5 ft.
zone yard landscaping
requirement for and Wall requirements
interior yard shall be determined
abutting a buffer in conjunction with ------------------------
wall. the applicable
Design Review Alternative B:
process.
------------------------- Zero setback
abutting a building
Alternative B: wall.
No wall required.
FINDING: The abutting property to the west is located outside of the city limits,
is zoned Marion County Exclusive Farm Use (EFU), and is used as farmland.
The abutting property to the east is zoned CG and is the location of a car
dealership. The proposed mobile office is located over 700 feet from the car
dealership property and over 1400 feet from the EFU zoned property to the west
which meets the 5 foot interior yard setback. A wall is not required on the west
Page 6- COUNCIL BILL NO.
ORDINANCE NO.
54
.... --
~_ ..."...'L.O.___...._.._............'...~__"..~___'___...,__'_...
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..,.
property line because the property to the west is located outside of the city limits
and has a county zoning designation. A wall is not required between the subject
site and the car dealership property to the east because the proposed mobile
office is small in size, is compatible with the car dealership, and located a large
distance from the dealership (over 700 feet). This approval criterion is met.
Section 3.1 Development Guidelines and Standards
Section 3.101. Street Standards
FINDING: No street improvements are proposed as part of this development.
Newberg Highway/State Highway 219 and Interstate 5 are under the jurisdiction
of ODOT. A referral was sent to ODOT on August 20, 2003. Woodland Avenue
has been improved to exceed the local street standards specified in the
Woodburn Transportation Systems Plan. Consequently, the standards in Section
3.101 do not apply to this project.
Section 3.102. Utilities and Easements.
FINDING: The existing facility currently has adequate storm, water, and sewer
facilities serving the site. The applicant is not proposing to expand or alter these
facilities as part of this project. Any future utility expansions or changes or future
easements will be subject to the standards of the Public Works Department. No
new lighting is proposed as part of this project.
Section 3.103. Setbacks, Open Space and Lot Standards, Generally.
Section 3.103.05. Special Street Setbacks
B. Setback Requirements.
Required setbacks adjacent to a street shall be in addition to the
special setbacks required in this Section. The special setback
distances shall be measured at right angles to the center line of the
original street right of way.
C. Special Provisions.
Buildings, structures and paved surfaces shall not be located within
the special setbacks EXCEPT as specifically provided for in the
WDO. Any portion of a building or structure lawfully established
within a special street setback prior to [the] date of [the] WDO shall
be considered a nonconforming structure.
Page 7- COUNCIL BILL NO.
ORDINANCE NO.
55
.,.-..
-- >-------- --,...----'--..----..-..
....
'"
D. Special Setback Standards.
Special setback standards by street classification are established in
Table 3.1.1. The special setback standards shall be applied to
streets within the City of Woodburn as functionally classified in the
Woodburn Transportation System Plan.
r TABLE 3.1.1 Special Setback Standards by Street Classification I
WTSP Functional Classification Special Setback from Center Line
Major Arterial 50 feet
FINDING: As previously discussed in this report, the required setback adjacent
to Newberg Highway/State Highway 219 (major arterial) is 60 feet (50 foot
special setback plus 10 foot front yard setback). The proposed mobile office is
located over 1300 feet from Newberg Highway/State Highway 219. The proposal
meets this criterion.
Section 3.104. Access
Section 3.104.01 Applicability
A. Street Access Required.
1. Every lot shall have direct access to an abutting public street or
to a public street by an irrevocable access easement.
FINDING: There are four direct accesses to Woodland Avenue that serve the
subject site and a fifth curb cut, which is currently closed off, where the north-
south and east-west portions of Woodland Avenue intersect. These aGcesses
were approved in the initial site plan review request for the facility. No new
accesses or street improvements are proposed as part of this development.
Section 3.105. Off Street Parking and Loading
Section 3.105.01 Applicability
The provisions of this Section shall apply to the following types of
development:
B. Expansion or Change of Use.
Page 8- COUNCIL BILL NO.
ORDINANCE NO.
56
.,.-."
.-,.-. '~-' . "
...
..,.
Any additional parking and/or loading required by the WDO to
accommodate a change in use, or expansion of an existing use shall
be subject to the following.
2. Applications subject to Type II Design Review, Section 5.102.02,
where the change or expansion increases the required area for
parking, loading or landscaping by 25 percent or more, shall
conform to all parking, loading and landscaping to the standards
of the WOO. Parking, loading and landscaping required for
changes or expansions of less than 25 percent shall be limited to
those necessary to conform with the increment of change or
expansion.
FINDING: The proposed 320 square foot mobile office does not require
an increase in parking, loading or landscaping by 25% or more, therefore,
the applicant is not required to comply with all the parking, loading and
landscaping standards of the WDO.
3.105.02
General Provisions for Off Street Parking and Loading
E. Off Street Vehicle Parking Requirements.
1. Off street vehicle parking spaces shall be provided in
amounts not less than those set forth in Table 3.1.2.
FINDING: Table 3.1.2 of Section 3.105 requires the greater of one
space per 5,000 square foot of gross floor area or 1 space per
employee for a warehousing use. The applicant's proposed mobile
office is less than 5,000 square feet and no new employees will be
added to the site for the proposed mobile office so no new parking
spaces are required or proposed by the applicant. This approval
criterion has been met.
G. Off Street Loading Requirements.
1. Off street loading spaces shall comply with the dimensional
standards and amounts not less than those set forth in
Table 3.1.3.
2. The off street loading facilities shall be on the same lot, or
site, as the use or structure they are intended to serve.
Required loading spaces and required parking spaces shall
be separate and distinct.
Page 9- COUNCIL BILL NO.
ORDINANCE NO.
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FINDING: The proposed addition and existing building total 911,417
square feet. Four loading spaces (12 feet by 30 feet) are required for
911,417 square feet of building area. There is currently 174,300
square feet of loading space on the subject site which exceeds the
5,760 square foot loading space requirement. These approval criteria
are met.
Section 3.106 Landscaping Standards
Section 3.106.01 Applicability
The provisions of this section shall apply:
A. To the site area for all new structures and related parking
EXCLUDING single-family and duplex dwellings and accessory
structures; and
B. To the entire site area of the development, where the cumulative
effect of additions to structures and/or parking areas increases the
total area covered by structure and parking by 50 percent or more
than existed at the date of the WDO adoption.
FINDING: The proposed 320 square foot mobile office does not increase the
total area covered by structures and parking by 50% or more than existed at
the date of the WOO adoption so the landscaping section of the WOO does
not apply to this prop'osal. Existing trees will screen the mobile office from
Interstate 5, Woodland Avenue and Newberg Highway/State Highway 219.
The existing buildings on the subject site will screen the proposed mobile
office from the properties to the west and south.
Section 3.107 Architectural Design Guidelines and Standards
Section 3.107.08 Design Guidelines for IP and IL Zones
B. Design Guidelines.
1. Loading.
a. Loading facilities should be located at the rear or side of
structures to reduce their unsightly appearance.
FINDING: The applicant is not proposing any additional loading
facilities. This approval criterion is met.
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ORDINANCE NO.
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2. Outdoor Storage. Outdoor storage, when permitted, should be
screened from the view of abutting streets by a solid brick or
architectural block wall not less than 6, nor more than 9 feet in
height.
FINDING: The applicant is not proposing any additional outdoor
storage as part of this design review request. This approval
criterion is met.
3. Outdoor Lighting. All outdoor lighting should be designed so
as not to shine or reflect into any adjacent residentially zoned
or used property, and shall not cast a glare onto moving
vehicles on any public street.
FINDING: The applicant is not proposing any additional outdoor
lighting on the subject site. This approval criterion is met.
4. Energy Efficiency. Building location, orientation, and design
should encourage energy conservation and solar access.
FINDING: The materials used in the proposed building will be
energy efficient. This approval criterion is met.
5. Building Bulk and Scale. Long blank walls abutting streets
should be avoided. The visual impact of building and scale
should be reduced by:
a. Articulating building facades;
b. Landscaping the area abutting building walls,
including plant materials that provide vertical
accents;
c. Tying entrances to the structure to the overall
mass and composition of the building;
d. Minimizing the use of smooth concrete, concrete
block and all types of metal siding;
e. Shading colors with brown or black to create
earth tones or tinting colors with white to soften
the appearance. Day-glow, flourescent and other
intense colors shall be prohibited;
Page 11- COUNCIL BILL NO.
ORDINANCE NO.
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f. Screening exterior building equipment, including
roof top equipment, from view; and
g. Altering roof lines, constructing cornices, or
parapets that offset the continuous plane of large
buildings and extended building lines.
FINDING: The proposed mobile office is square in shape with
wood siding, a metal roof and brick skirting. The applicant is
proposing to paint the mobile office an off-white color with a red
trim. The existing off-white warehouse buildings with red trim on
the subject site are also square in shape with metal siding. The
design of the proposed mobile office is consistent with the existing
design of the buildings on the subject site. A small existing
building will screen the proposed mobile office from Interstate 5.
Existing trees on the subject site will further screen the proposed
mobile office from Woodland Avenue and Interstate 5. Existing
buildings on the subject site will screen the proposed mobile office
from the south, north and west property lines.
6. Buffer Wall. A solid brick or architectural wall with anti-
graffiti surface, no less than 6 feet or greater than 7 feet
in height:
a. Should be constructed on the perimeter property
line of non-residential development to mitigate
adverse visual, noise and/or light impacts on the
abutting use when no comparable buffer exists;
and
FINDING: The abutting property to the west is located outside of
the city limits, is zoned Marion County Exclusive Farm Use (EFU),
and is used as farmland. The abutting property to the east is zoned
CG and is the location of a car dealership. The proposed mobile
office is located over 700 feet from the car dealership property and
over 1400 feet from the EFU zoned property to the west which
meets the 5 foot interior yard setback. A wall is not required on the
west property line because the property to the west is located
outside of the city limits and has a county zoning designation. A
wall is not required between the subject site and the car dealership
property to the east because the proposed mobile office is small in
size, is compatible with the car dealership, and located a large
distance from the dealership (over 700 feet). This approval
criterion is met.
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ORDINANCE NO.
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7. Sidewalk Location and Street Trees. Sidewalks should be
located at the property line along streets with street trees,
Section 3.108.
FINDING: Curb line sidewalks have already been constructed and
street trees have already been planted along Woodland Avenue as
part of the street improvement for Phase I of the Wince Foods
facility.
8. Solar Access Protection. Obstruction of existing solar
collectors on abutting properties by site development
should be mitigated.
FINDING: The above stated provision will be met because the
proposed mobile office will be located over 200 feet from all of the
surrounding property lines.
VI. CONCLUSION:
Based on the findings contained herein, all relevant approval criteria relating to
this approval of the Design Review request have been met
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ORDINANCE NO.
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EXHIBIT "B"
CONDITIONS OF APPROVAL
DESIGN REVIEW 03.14
COMMUNITY DEVELOPMENT DEPARTMENT:
1. The proposed development shall be in substantial conformance with the
submitted site plan dated July 17, 2003, floor plan and elevation plan dated
July 16, 2003 provided as Exhibit "8, except as modified by the conditions of
approval contained herein.
2. The applicant shall submit a color elevation of the proposed mobile office on
the subject site prior to the issuance of the building permit for review and
approval by the Community Development Director.
3. The property owner/applicant shall submit to the Community Development
Department a signed "Acceptance of Conditions" agreeing to all conditions of
approval prior to the issuance of building permits for the expansion.
4. Any conditions attached to the approval of the design review shall be
conditions on the issuance of a building permit. A violation of the conditions
shall be considered a violation of the Woodburn Development Ordinance.
Page 14- COUNCIL BILL NO.
ORDINANCE NO.
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October 27, 2003
TO: Mayor and City Council through City Administrator
FROM: Jim Mulder, Director of Community Development r
SUBJECT: Ordinance Approving Design Review 03-16 (Morrow)
RECOMMENDATION:
Approve the attached ordinance approving Design Review 03-16.
BACKGROUND:
The City Council, at its October 13, 2003 meeting, directed staff to prepare an
ordinance to approve the above referenced application. That ordinance is attached.
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
Agenda Item Review: City Administrator
City Attorney
Finane
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COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE APPROVING DESIGN REVIEW APPLICATION CASE NO. 03-16
TO CHANGE THE USE OF A PROPERTY LOCATED AT 770 N. PACIFIC HIGHWAY
FROM AN AUTOMOBILE DEALERSHIP TO A RETAIL BUSINESS SPECIALIZING IN
THE SALE OF PRODUCE; AND DECLARING AN EMERGENCY.
WHEREAS, the applicant and property owner, Morrow Investment LLC,
submitted Design Review Application Case No. 03-16 to change the use of a property
located at 770 N. Pacific Highway from an automobile dealership to a retail business
specializing in the sale of produce; and
WHEREAS, the Woodburn Community Development Director's Decision on said
application was appealed by the applicant to the Woodburn City Council; and
WHEREAS, the Woodburn City Council has conducted a public hearing and
reviewed the record pertaining to said application and has considered all public
testimony and evidence presented on said application; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That based upon the findings in support contained in Attachment "A"
which is affixed hereto and by this reference incorporated herein, Design Review
Application Case No. 03-16 is approved.
Section 2. That the land use application approved by Section 1 herein is subject
to the conditions of approval contained in Attachment "8", which is affixed hereto and by
this reference incorporated herein, which the Council finds reasonable.
Section 3. This ordinance being necessary for the immediate preservation of the
public peace, health, and safety, an emergency is declared to exist and this ordinance
shall take effect immediately upon passage by the Council and approval by the Mayor.
Approved as to form;IJ.~ ~
City Attorney
/0 - '24 -coo J
Date
Approved:
Kathy Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
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Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO.
ORDINANCE NO,
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ATTACHMENT "A"
FINDINGS IN SUPPORT
DESIGN REVIEW 03-16
I. APPLICATION INFORMATION:
Applicant/Property Owner: Morrow Investment LLC
2919 NW Division Street
Gresham, OR 97030
II. NATURE OF APPLICATION: The applicant requests administrative design review
approval to convert a structure and property, which was previously used for an
automobile dealership (Friendly GMC), to a retail business specializing in the sale of
produce (fruits and vegetables).
III. RELEVANT FACTS: The subject site is located at 770 N. Pacific Highway and
further identified on Marion County Assessor Maps as Township 5 South, Range 1
West, Section 17BA, Tax Lot 2000. The size of the property is 1.11 acres and is
flat. No wetlands are located on the subject site and it is not located in the 500 year
floodplain.
The subject property is zoned Commercial General (CG) and designated as
Commercial on the Woodburn Comprehensive Plan Map. The Woodburn city limits
are located on the north, south and east sides of the property. The property was
annexed into the City (Annexation Case File No. 00-01, Zone Change Case File No.
00-01) in 2001.
The site is fully developed (with the exception of landscaping) and has been in
commercial use since 1948. The existing 10,841 square foot structure is surrounded
by pavement with the exception of the rear (east) portion of the property. Hwy 99E
runs along the west side of the subject property and currently provides one
commercial access to the subject parcel. Meandering along the southern property
line is "East Blaine Street", which is an unrecorded residential shared driveway that
serves homes to the east and south of the subject parcel.
The properties to the west (across 99E/Pacific Highway) are zoned CG and
designated as Public Use on the Woodburn Comprehensive Plan Map. The Oregon
Department of Transportation (ODOT) owns the parcel directly across the Highway
and is currently using it for a gravel storage yard. The parcels adjacent to the
subject parcel 0 n the north, south and east s ides are 0 utside the City, within the
Urban Growth Boundary, and zoned Marion County "Commercial Retail" and
designated as Commercial on the Woodburn Comprehensive Plan Map. To the
north is the Valley Pacific Floral & Interior shop, to the south is the Benavidez Tires
66
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store and an automobile storage yard, and to the east and southeast are two single-
family residential homes. The parcel abutting the southeastern side is zoned Marion
County "Single Family Residential".
IV. RELEVANT APPROVAL CRITERIA:
A. WOODBURN DEVELOPMENT ORDINANCE
1. Section 1.104.05 Change or Expansion of an Existing Use with
Nonconforming Parking, Loading and/or Landscaping
2. Section 2.1 Land Use Zoning
2.106 Commercial General (CG)
3. Section 3.1 Development Guidelines and Standards
3.101 Street Standards
3.102 Utilities and Easements
3.103 Setback, Open Space and Lot Standards, Generally
3.104 Access
3.105 Off Street Parking and Loading
3.106 Landscaping Standards
3.107 Architectural Design Guidelines and Standards
4. 5.102.02 Design Review for ALL Structures LESS THAN 1000 SQ. Ft.
B. WOODBURN SIGN ORDINANCE
v. FINDINGS:
A. WOODBURN DEVELOPMENT ORDINANCE
Section 1.104 Nonconforming Uses and Development Standards
Section 1.104.05 Change or Expansion of an Existing Use with
Nonconforming Parking, Loading and/or Landscaping
Any additional parking, loading and/or landscaping required by the WOO to
accommodate a change In use, or expansion of an existing use shall be
subject to the following.
A. Applications subject to Design Review, Section 5.103.02, shall
conform all parking, loading and landscaping for the subject use to
the standards of the WOO.
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B. Applications subject to Design Review, Section 5.102.02, where the
change or expansion increases the required area for parking, loading
or landscaping by 25 percent or more, shall conform all parking,
loading and landscaping to the standards of the WDO. Parking,
loading and landscaping required for changes or expansions of less
than 25 percent shall be limited to those necessary to conform with
the increment of change or expansion.
Section 5.102.02 Design Review for All Structures LESS THAN 1000 Sq.
Ft.
A. Purpose. The purpose of Type II design review is to insure
compliance with all applicable site development standards and
architectural design guidelines of Section 3.1 for:
1. All structures either LESS THAN 1000 sq. ft. of gross floor area
or expansions adding LESS THAN 10% gross floor area,
whichever is smaller and single family and duplex dwellings In
the NCOD, but EXCLUDING structures subject to TYPE I Design
Review.
2. Any change in use that results in a greater parking
requirement.
FINDING: The change in use from a retail automobile dealership to a fruit and
vegetable business results in a greater parking requirement, which is further
discussed under Section 3.105.01 below. Consequently, the change in use is
subject to the Design Review requirements in 1.104.058.
Section 2.1 Land Use Zoning
2.106 Commercial General (CG)
2.106.01 Permitted Uses
The following uses, when developed under the applicable development
standards of the WDO, are permitted in the CG zone.
E. Retail Trade
5. Food and beverage stores. (445)
FINDING: The previous use on the site was automobile sales. The applicant is
requesting design review approval for a grocery store which specializes in the
sale of fruits and vegetables. Retail trade of food and beverages is a permitted
use in the Commercial General zone. The proposal meets this criterion.
DR 03-16 Morrow Investments, LLC
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2.106.05 Dimensional Standards
The following dimensional standards shall be the minimum required
for all development in the CG zone.
A. Lot Standards.
Lots in a CO zone shall comply with the applicable standards of
Table 2.1.10.
TABLE 2.1.10 Lot Standards for Uses in a CG Zone
In a CG zone the lot area for a non-residential use shall be adequate
to contain all structures within the required setbacks. There shall be no
minimum width or depth.
B. Building Height.
The maximum height of buildings shall not exceed 70 feet, EXCEPT
chimneys, spires, domes, flag poles and other features not used for
human habitation (EXCEPT telecommunication facilities), shall not
exceed 100 feet.
FINDING: The applicant is proposing to build an awning on to the existing
structure, which is 15 feet in height. The awning will be located in the front of the
building and will not increase the height of the building. This approval criterion is
met.
C. Setback and Buffer Improvement Standards.
1. Front Yard Setback and Setba~k Abutting a Street:
a. Dimensions:
1) The minimum setback abutting a street shall
be 15 feet plus any Special Setback, Section
3.103.05.
2) The maximum yard abutting a street shall be
150 feet.
FINDING: The required front yard setback from the Highway 99E centerline is
65 feet (50 foot special setback plus 15 front setback). The existing building is
approximately 95 feet from the Highway 99E centerline. This approval criterion is
met.
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b. Off Street Parking and Maneuvering:
1) Off street parking and storage shall be
prohibited within a required yard or special
setback.
2) The distance between the sidewalk on a public
street and a loading dock shall be sized to
preclude vehicles using the dock from
projecting over the sidewalk.
FINDING: All the parking and maneuvering is shown to be within the required
setbacks on the site plan that was submitted on October 6, 2003. No outdoor
storage is proposed. T he loading a reas are not located near a sidewalk 0 r a
public street. This approval criterion is met.
c. Clear Vision Area: Fences, walls, landscaping and
signs shall be subject to clear vision area
standards, Section 3.103.10.
FINDING: No vision obscuring objects are being proposed in the vIsion
clearance triangle at the corner of Highway 99E and East Blaine Street and at
the driveway access onto Highway 99E. There are two guard posts that are 4
feet high and 4 inches in diameter at the driveway access to Highway 99E.
These guard posts are allowed in a vision clearance area per Section
3.103.10.E.4. This approval criterion is met.
d. Vehicular Access: Permitted in conformance with
Section 3.104.
FINDING: Vehicular access will be regulated and controlled by the Oregon
Department of Transportation (ODOT). A referral was sent to ODOT. The
applicant must meet all the requirements imposed by ODOT. Dimensional
requirements are further addressed below under Section 3.104.
2. Interior Side and Rear Yard Setbacks.
a. Development in a CG zone shall be subject to the
setback and buffer requirements of Table 2.1.11.
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TABLE 2.1.11 Interior Yard and Buffer Standards for CG Zones
Abutting Property landscaping Wall Interior Setback
RS, R1 S, or RM zone There Is no buffer yard Solid brick or 10 ft.
landscaping architectural wall with
requirement for an antl.graffltl surface, no
interior yard abutting less than 6 feet or
a buffer wall. greater than 7 feet In
helaht.
CO, CG, DOC, P/SP, IP There Is no buffer yard Alternative A: Alternative A:
or IL zone landscaping
requirement for and Wall requirements 5 ft.
interior yard abutting shall be determined In
a buffer wall. conjunction with the
applicable Design
Review process.
-------..-..
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AlternatIve B:
Zero setback abutting
No wall required. a building wall.
FINDING: The abutting properties to the north, south and east do not have a
City zoning because they are located in Marion County. No wall is required
because these properties do not have a City zoning. The property to the west is
separated from the subject site by Highway 99E. The site plan dated October 6,
2003 shows all the parking and structures to not be located in the 5 foot interior
yard setback. This proposal meets the above criteria.
b. The minimum building setback from a private
access easement shall be 5 feet.
FINDING: The existing building is located over 15 feet from the south property
line. There is no recorded private access easement for East Blaine Street.
Therefore, there is no setback requirement.
2.106.06
Development Standards
All development in the CG zone shall comply with the applicable
provisions of the WOO. The following standards specifically apply to
uses in the CG zone.
A. Off Street Parking.
Off street parking shall be subject to the standards of Section
2.106.05 and Section 3.105.
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FINDING: The requirements of Section 3.105 are addressed below.
B. Setbacks and Lots, Generally.
Setbacks and lots shall be subject to Section 3.103.
FINDING: As mentioned earlier, the existing structure meets the required
setbacks. The requirements of Section 3.103 are addressed below.
D. Signs.
Signs shall be subject to the Woodburn Sign Ordinance.
FINDING: The applicant plans to make a face change to the existing, free
standing sign. No new signs are allowed without a sign permit. The proposal
meets this criterion.
E. Landscaping and Sidewalks.
1. The street frontage of a subject property shall be improved with
either property line sidewalks and street trees or curb line
sidewalks. The improvement shall be determined at the time of
subdivision, PUD or design review as applicable. Sidewalk and
trees shall be installed by the property owner to the standards of
Section 3.101 and 3.106.
2. The subject property shall be landscaped to the standards of
Section 3.106.
3. Common refuse collection facilities shall be screened on all sides
by an architectural block wall and solid gate, both with an antl-
graffiti surface, a minimum of six feet and a maximum of seven
feet in height.
FINDING: The applicant has submitted a landscape plan showing a 30 foot wide
landscape strip with street trees and shrubs that will run along the existing 6 foot
wide curb line sidewalk adjacent to Highway 99E. The landscape criteria is
further addressed under the Development Guidelines and Standards section of
this report. The applicant states that the refuse collection facility will be housed
in the rear of the building where there is a separate fully enclosed room. A
condition of approval is that the existing dumpster on the side shall be removed
or screened. The applicant has demonstrated these criteria can be satisfied by
complying with the landscape plan and conditions of approval.
F. Property Disposition.
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All uses shall be established and conducted on lots of record, as
defined by Section 1.102 and developed to the public facility and
access standards of Sections 3.101, 3.102 and 3.104.
FINDING: The applicant has provided a deed in the application (application
packet in Exhibit "B" of this report), which implies that this use will be conducted
on a lot of record. Public facility and access standards are further addressed in
this report under the findings for Sections 3.101, 3.102 and 3.104.
Section 3.1 Development Guidelines and Standards
3.101. Street Standards
FINDING: The property is located at 770 Highway 99E (North Pacific Highway).
The existing 26-foot wide curb-cut approach is adequate in placement, width,
throat length and flare. ODOT is the regulatory agency that has jurisdiction over
street standards and the approach on the highway. Currently the property is
bordered by an existing 6-foot wide curb line sidewalk. No street improvements
are proposed as part of this development. As a result, the standards in Section
3.101 do not apply to this project. A referral was sent to ODOT on March 26,
2003. The applicant must meet all ODOT requirements.
3.102. Utilities and Easements.
FINDING: The existing facility currently has adequate storm, water, and sewer
facilities serving the site. The applicant is required by the Woodburn Fire District
to install one hydrant and an eight inch water line along the entire frontage of
Highway 99E. The applicant states that a 10 foot utility easement will be granted
where the 8 inch water line is proposed. Any future utility expansions, changes,
or future easements will be subject to the standards of the Public Works
Department. There are exterior lights on the southwest and northwest corner of
the parking lot which are proposed to remain. No new lighting is proposed as
part of this project.
3.103. Setbacks, Open Space and Lot Standards, Generally.
3.103.05. Special Street Setbacks
B. Setback Requirements.
Required setbacks adjacent to a street shall be in addition to the
special setbacks required in this Section. The special setback
distances shall be measured at right angles to the center line of the
original street right of way.
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FINDING: As discussed in Section 2.106.05 in this report, the required front yard
setback from the Highway 99E centerline is 65 feet (50 foot special setback plus
15 foot front setback). The existing building is approximately 95 feet from the
Highway 99E centerline. This approval criterion is met.
C. Special Provisions.
Buildings, structures and paved surfaces shall not be located within
the special setbacks EXCEPT as specifically provided for in the
WDO. Any portion of a building or structure lawfully established
within a special street setback prior to [the] date of [the] WDO shall
be considered a nonconforming structure.
FINDING: No part of the existing building is located in the special street setback.
D. Special Setback Standards.
Special setback standards by street classification are established in
Table 3.1.1. The special setback standards shall be applied to
streets within the City of Woodburn as functionally classified in the
Woodburn Transportation System Plan.
TABLE 3.1.1 Special Setback Standards by Street Classification
WTSP Functional Classification Special Setback from Center Line
Major Arterial 50 feet
Minor Arterial 37 feet
Service Collector 37 feet
Access Street with Parking or Golf 35 feet
Carts
Access Street with Bike Lanes 30 feet
FINDING: Highway 99E is classified as a Major Arterial in the Woodburn
Transportation System Plan. As discussed in Section 2.106.05 in this staff
report, the required front yard setback from the Highway 99E centerline is 65 feet
(50 foot special setback plus 15 front setback). The existing building is
approximately 95 feet from the Highway 99E centerline. This approval criterion is
met.
3.103.10 Vision Clearance Area
A. Generally.
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A vision clearance area is an area at the intersection of two streets, a
street and a driveway or a street and an alley in which visual
obstructions are limited for safety purposes.
B. Street-Driveway Intersection.
A vision clearance area at the intersection of a street and a driveway
shall be the area delineated as follows:
1. A line extending ten feet from t he intersection a long t he street
right of way.
2. A line extending ten feet from the intersection along the side of
the driveway.
3. A third line that creates a triangular vision clearance area by
connecting the ends of the lines described in Section
3.103.10.8.1. and 2.
E. Prohibited Development.
A vision clearance area shall contain no plants, fence, wall,
structure, or temporary or permanent obstruction exceeding 30
inches in height [measured from the top of the curb or, where no
curb exists, from the established street centerline grade], EXCEPT as
follows:
1. Trees, provided branches and foliage are removed to a height of 7
feet above grade;
2. Telephone, power and cable television poles;
3. Telephone and utility boxes less than ten inches at the widest
dimension; and
4. Traffic control signs and devices.
FINDING: There are no structures proposed which will obstruct the vision
clearance at the street-driveway intersection. Two existing guard posts that are
four feet high and four inches in diameter are located close to the entrance. The
post are not wide enough to obscure vision and they are allowed as a traffic
control device. The above clear vision area standards are satisfied.
3.104. Access
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3.104.01 Applicabilitv
A. Street Access Required.
1. Every lot shall have direct access to an abutting public street or
to a public street by an Irrevocable access easement.
2. Every joint driveway or cross connection between separate lots
shall be established by an irrevocable access easement.
FINDING: The property currently has one direct 26 foot wide approach onto
Highway 99E, which is the sole abutting public street. The proposed internal
circulation pattern requires vehicular traffic to travel one-way around the existing
building and exit directly onto 99E from the subject parcel. No access easement
is required because all circulation and ingress and egress are occurring on the
subject property. This approval criterion has been met.
3.104.03 Driveway Access Guidelines. Type II and III Applications
A. Guidelines for the Number and Location of Driveways, Type II and
Type III Applications.
1. The number of driveway accesses should be minimized based on
overall site design, including consideration of:
a. The function classification of abutting streets;
b. The on-site access pattern, including cross connected parking
and circulation, joint access, turnarounds and building
orientation;
c. The access needs of the use In terms of volume, intensity and
duration characteristics of trip generation.
FINDING: The subject property has one existing commercial driveway access
onto Highway 99E, a major arterial, which is the minimum number required. The
on-site access pattern has been designed to maintain the one existing approach.
There is no reasonable alternative joint access with an abutting commercial
property onto Highway 99E. An access permit from the City is not required
because Highway 99E is under t he jurisdiction 0 f 0 DOT and is subject tot he
requirements of OAR 734-051. A referral was sent to ODOT and ODOT
commented that an approach road permit is required.
B. Driveway Spacing Guidelines, Type II and III Applications.
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The minimum separation of a driveway from: a) the special setback
of a parallel major street, b) the right of way of a parallel local street,
or c) from another driveway should be as follows.
1. Major Arterial Street: 300 feet;
2. Minor Arterial Street: 245 feet; and
3. Service Collector, Access or Local Street: 50 feet
EXCEPT where pre-existing conditions preclude such separation the
separation should be maximized.
FINDING: The existing driveway providing direct access to the subject parcel is
approximately 120 feet from the shared driveway to the south, known as East
Blaine Street, and 120 feet from the driveway on the abutting northerly property.
Preexisting conditions preclude meeting the 300-foot spacing guidelines.
Access permits on Highway 99E are regulated by ODOT.
3.104.05 Drivewav Dimension and Improvement Standards. TVDe I. II
and III ADplications
E. Commercial and Industrial Use.
1. Paved Two-way Driveway Width.
a. With no turn lane: Throat and travel lane width 26 feet
minimum, 36 feet maximum. (UNo parking" restrictions shall
be posted by the owner.)
FINDING: The direct driveway access to the subject property from Highway 99E
is a two-way driveway (with no turn lane) that is 26 feet in width. The driveway
access satisfies the above width standards. A condition of approval is that a "No
parking" sign shall be posted by the owner along the access throat.
2. Radius of Curb Flare: 30 feet minimum.
FINDING: The applicant is not proposing to alter the existing curb flare as part of
this project. Any future alteration will be subject to the standards and inspection
by ODOT.
4. Throat length of a driveway, extending from the closest off street
parking or loading space to the outside edge of right of way for a:
b. Major street connection: 50 feet minimum, with greater
improvement as may be required by a TIA.
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FINDING: The site plan submitted on October 6, 2003 shows a minimum throat
length of 50 feet from the Highway 99E right-of-way. This approval criterion is
met.
5. Turn arounds shall be required within the off street parking
area(s) and/or as specific circulation features, to Department of
Public Works requirements based on the review of the Fire
District.
FINDING: T he existing parking lot 0 n the subject site has internal a isles that
meet Section 3.105 of the WOO as discussed below. The Woodburn Fire District
has been given a referral on this project proposal but has not provided comments
regarding this issue. This criterion is met.
F. Improvement Standards
1. Drainage shall be subject to Department of Public Works policies
and standards.
FINDING: The site plan does not propose any significant alteration to the
existing surface drainage pattern on the site. The only change proposed is to
pave the graveled rear area to meet parking and loading requirements. The
newly paved parking and loading area is proposed to drain into the existing
drainage ditch that runs along the rear boundary line. Future alterations to the
on-site drainage system will be subject to review and approval by the Public
Works Department.
3.105. Off Street Parking and Loading
3.105.01 Applicabilitv
The provisions of this Section shall apply to the following types of
development:
C. Expansion or Change of Use.
Any additional parking and/or loading required by the WDO to
accommodate a change in use, or expansion of an existing use shall
be subject to the following.
2. Applications subject to Type II Design Review, Section 5.102.02,
where the change or expansion increases the required area for
parking, loading or landscaping by 25 percent or more, shall
conform to all parking, loading and landscaping to the standards
of the WDO. Parking, loading and landscaping required for
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changes or expansions of less than 25 percent shall be limited to
those necessary to conform with the increment of change or
expansion.
FINDING: Table 3.1.2 of Section 3.105 requires 1 parking space per 250 square
feet of gross floor area (sfgfa) for general retail use. The submitted floor plan
shows 10,841 square feet of retail area. The proposed use requires a total of 43
parking spaces. Table 3.1.2 of Section 3.105 requires a motor vehicle dealership
(the former use) to have 1 parking space per 400sfgfa of structure plus 1 parking
space per 2000sfgfa of outdoor display area. The estimated outdoor display
area (liberally applied) is approximately 26,000 square feet. The parking
requirement for t he former u se a san a uto dealership was 40 parking spaces.
The change to general retail results in a 9% increase in the required number of
parking stalls. However, the former business appeared to be only providing 12
parking spaces upon viewing the existing striping. In order to provide for 31
more spaces the applicant is required to re-stripe the existing pavement and add
more pavement and striping in the rear. This amount of additional paving does
not equal 25 percent or more. Therefore, the applicant is not required to comply
with all the parking, loading and landscaping standards of the WOO. The
applicant has proposed to reconfigure the existing non-conforming parking to
provide a better circulation pattern and provide all 43 parking stalls. The
applicant has agreed to plant landscaping in the 30 foot wide area adjacent to
Highway 99E and in an island on the north side of the site.
3.105.02
General Provisions for Off Street Parking and Loading
E. Off Street Vehicle Parking Requirements.
1. Off street vehicle parking spaces s hall be provided in
amounts not less than those set forth in Table 3.1.2.
FINDING: Table 3.1.2 requires 1 parking space per 250 square feet of gross
floor area (sfgfa) for general retail use. The submitted floor plan shows 10,841
square feet of retail area. The proposed use thus requires a total of 43 parking
spaces. The site plan submitted on October 6, 2003 shows 43 parking spaces.
The application meets this criterion.
3. The number of disabled person vehicle parking spaces
shall be provided to the standards of the state Building
Code and applicable federal standards. The number of
disabled person vehicle parking spaces shall be
included as part of total required vehicle parking
spaces.
FINDING: Two disabled person vehicle parking spaces are required for 26 to 50
parking spaces per the Building Code. The applicant is proposing two disabled
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vehicle parking spaces, which meets the above stated requirement. This
approval criterion is met.
F. Compact Vehicle Parking.
A maximum of 20 percent of the required vehicle parking
spaces may be satisfied by compact vehicle parking spaces.
FINDING: Eight compact vehicle parking spaces are proposed, which is 19% of
the required spaces. This approval criterion is met.
G. Off Street Loading Requirements.
1. Off street loading spaces shall comply with the dimensional
standards and amounts not less than those set forth in
Table 3.1.3.
2. The off street loading facilities shall be on the same lot, or
site, as the use or structure they are Intended to serve.
Required loading spaces and required parking spaces shall
be separate and distinct.
FINDING: The building is 10,841 square feet in size, therefore two loading
spaces 12 feet by 30 feet in size are required. The site design plan shows two
loading spaces, one of which is 16 feet wide by 30 feet long on the south side of
the building and one that is 17 feet wide by 58 feet long on the rear of the
building. This approval criterion is met.
H. On-site Vehicle Parking and Loading Area Improvement
Requirements.
1. Surfacing. All vehicle parking and loading areas shall
be paved with asphalt, concrete or other hard surfacing
approved by the Public Works Director.
FINDING: The applicant is proposing to pave (repair) the area where an
underground tank was removed on the south side of the building and to pave for
new parking in the rear of the building. This approval criterion is met.
2. Drainage. All vehicle parking and loading areas shall be
graded and provide storm drainage facilities approved
by the Public Works Director.
FINDING: Adequate storm drainage facilities are provided by Highway 99E. A
condition of approval requires all vehicle parking and loading areas to be graded
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and provide storm drainage facilities approved by the Public Works Director.
This criterion can be satisified.
3. Bumper Guards and Wheel Barriers. All vehicle parking
spaces, EXCEPT those for single family and duplex
dwellings, shall be constructed with bumper guards or
wheel barriers that prevent vehicles from damaging
structures or projecting over walkways, access ways or
abutting property or rights of way.
FINDING: The site plan demonstrates compliance with this standard.
4. Size of Vehicular Parking Spaces and Maneuvering
Areas within Off Street Parking Areas.
a. Off street vehicle parking spaces and
maneuvering areas, EXCEPT those for single
family and duplex dwellings and those for
disabled persons, within off street parking areas
shall be designed in compliance with Table 3.1.4.
Three or more off street parking spaces provided
subject to Table 3.1.4 shall be designed so that no
backing or maneuvering within a public street
right of way is required.
FINDING: The applicant is proposing 43 parking spaces that are subject to the
dimensions specified in Table 3.1.4. The 37 proposed standard spaces are 9
feet wide and 19 feet long, which meet the 9 foot wide and 19 foot long
requirement for regular parking stalls. Six of the spaces proposed are compact
and are 9 feet wide by 15 feet long, which meets the 7.5 foot wide and 15 foot
long requirement for compact parking stalls. The proposed aisle dimensions
have 24 foot widths or greater where there are 90 degree parking stalls and 17
foot wide aisles where there are 45 degree parking stalls. Table 3.1.4 requires
all two-way aisles to be 24 feet wide and one-way aisles with 45 degree parking
stalls to be 15 feet wide, and one-way aisles with no parking to be 12 feet wide.
This approval criterion is met.
b. Off street parking for disabled persons shall be
designed to the standards of the state Building Code
and applicable federal standards.
FINDING: The applicant is proposing 2 disabled person vehicular parking
spaces. A condition of approval is that the spaces shall be improved to the
standards of the state Building Code and applicable federal standards. This
criterion can be satisfied.
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5. Directional Marking. EXCEPT for vehicle parking areas
for single family and duplex dwellings, off street parking
and maneuvering areas shall have directional markings
and signs to control vehicle movement.
FINDING: The site plan dated October 6, 2003 shows directional markings to
control vehicle traffic. This approval criterion is met.
6. S pace Marking. EXCEPT for vehicle parking a reas for
single family and duplex dwellings, off street parking
spaces shall be delineated by double parallel lines on
each side of a space. The total width of the lines shall
delineate a separation of 2 feet.
FINDING: The site plan date stamped October 6, 2003 shows double parallel
lines in compliance with the above standard. This criterion can be satisfied.
8. Outdoor Lighting. EXCEPT for vehicle parking areas for
single family and duplex dwellings, all outdoor lighting
shall be designed so as not to shine or reflect into any
adjacent residentially zoned or used property, and shall
not cast a glare onto moving vehicles on any public
street.
FINDING: The applicant has shown the proposed outdoor lighting for the vehicle
parking areas on the submitted site plan. A condition of approval requires the
applicant to design all outdoor lighting so that it shall not shine or reflect into any
adjacent residentially zoned or used property, and shall not cast a glare onto
moving vehicles on any public street. This criterion can be satisfied.
9. Landscaping. EXCEPT for vehicle parking spaces for
single family and duplex dwellings, all parking areas
shall be landscaped to the standards of Section 3.106.
FINDING: The applicant is proposing to landscape the front 30 feet of the
property adjacent to the proposed parking area and an island on the north side of
the site. The requirements of Section 3.106 are addressed below.
10. On-site Bicycle Parking Requirements. All uses
required to provide 10 or more off street parking spaces
shall provide a bicycle rack within 50 feet of the main
entrance. The number of required rack spaces shall be
one plus one per ten vehicle parking spaces, with a
maximum of 20 rack spaces.
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FINDING: The applicant is proposing 43 parking spaces. The site is thus
required to provide 5 bicycle parking rack spaces. The site plan date stamped
October 6. 2003 shows 5 bicycle rack spaces adjacent to the building. This
criterion is satisfied.
3.106 Landscaping Standards
3.106.01 ADPlicabilitv
The provisions of this section shall apply:
D. To the site area for all new structures and related parking
EXCLUDING single-family and duplex dwellings and accessory
structures; and
E. To the entire site area of the development, where the cumulative
effect of additions to structures and/or parking areas increases the
total area covered by structure and parking by 50 percent or more
than existed at the date of the WOO adoption.
FINDING: The applicant is proposing to increase the size of the parking lot and
build a n awning 0 n the front 0 f the existing building. These increases don ot
increase the total area covered by structure and parking by 50 percent or more.
The landscaping standards therefore only apply to the area for all new structures
and related parking. The applicant has chosen to plant all the landscaping
improvements in the front of the site. A 30 foot wide landscaped bed is proposed
along the front property line adjacent to Highway 99E and a landscape island is
proposed on the north edge of the front parking lot. The applicant has proposed
8 Boxwood Pear trees surrounded by Kinnikinnick, Oregon Grape bushes and
bark mulch. This amount of landscaping will suffice for the change in use on this
site. The application meets the landscaping criteria.
3.107 Architectural Design Guidelines and Standards
3.107.06 Guidelines and Standards for Non-Residential Structures in RS,
R1S, RM, CO, CG and P/SP Zones
A. Applicability.
The following design guidelines shall be applicable to all non-
residential structures and buildings in the RS, R1 S, RM, CO, CG and P
zones.
FINDING: The applicant is proposing to construct an awning on the existing
building. The awning area is proposed to be walled off with a 7-foot chain link
fence on the outside so that there is a contained outdoor display area. The
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applicant is proposing to paint the exterior walls of the building white and the
existing roof/awning lemon yellow and green.
2. Materials and Textures Guidelines.
b. The appearance of exterior surfaces should be enhanced by
incorporating the following:
1) At least 30% of the wall surface abutting a street
should be glass.
2) All walls visible from a street or public parking
area should be surfaced with wood, brick, stone,
designer block, or stucco or with siding that has
the appearance of wood lap siding.
3) The use of plain concrete, plain concrete block,
corrugated metal, plywood, T .111 and sheet
composite siding as exterior finish materials for
walls visible from a street or parking area should
be avoided.
4) The color 0 f at I east 90 percent 0 f t he wall, roof
and awning surface visible from a street or public
parking area should be an "earth tone" color
containing 10 parts or more of brown or a "tinted"
color containing 10 parts or more white.
Fluorescent, "day-glo," or any similar bright color
should not be used on the building exterior.
FINDING: The existing building has at least 30% glass on the front wall surface
facing Highway 99E, however the applicant has screened off the windows by
installing a 7 -foot chain link fence at the outer edge of the proposed awning. This
chain link fence detracts from the overall appearance of the exterior surfaces of
the building facing Highway 99E. The applicant has since agreed to replace the
chain link fence with a more attractive wrought iron fence. A condition of approval
requires the applicant to remove or replace the chain link fence within 30 days of
the applicant's signing of the "Acceptance of Conditions" form.
Currently the building has florescent yellow paint on the roofline facing the street,
which exceeds the 10 percent allowable area for fluorescent colors. A condition
of approval requires the applicant to replace the yellow paint, within 30 days of the
applicant signing of the "Acceptance of Conditions" form, with the green or other
earth tone color so that only 10 percent of the wall, roof and awning that is yellow
is visible from the street or public parking area. This criterion can be satisfied.
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5. Weather Protection Guidelines. All building faces abutting a street
or a public parking area should provide weather protection for
pedestrians. Features to provide this protection should include:
a. A continuous walkway at least 8 feet wide along the face of the
building utilizing a roof overhang, arcade, awnings and/or
canopies.
b. Awnings and canopies that incorporate the following design
features:
1) Angled or curved surfaces facing a street or parking area.
2) A covering of canvas, treated canvas, awning fabric, or
matte finish vinyl.
3) A constant color and pattern scheme for all buildings
within the same development.
4) No internal back lighting.
FINDING: The applicant is proposing a 12 foot wide, awning along the front of the
building to provide weather protection and an outdoor display area. The awning is
not back-lit. This criterion is satisfied.
6. Landscaping and Screening Guidelines. The landscaping
required by the standards of the WOO should be augmented to
address site specific visual impacts of abutting uses and the
visual character of the surrounding area.
FINDING: The applicant is proposing to landscape the front 30 feet of the
property along Highway 99E and a landscape island on the north side of the
parcel. The applicant has proposed 8 Boxwood Pear trees surrounded by
Kinnikinnick, Oregon Grape bushes and bark mulch. The proposed landscaping
will improve the visual character of the property. This approval criterion is met.
7. Design Character Guidelines. Standardized or characteristic
"corporate" and "franchise" design elements should be refined to
reduce domination of the visual environment by corporate icons.
FINDING: There are no corporate or franchise design elements on the building,
nor are any such design elements proposed as part of this project. The applicant
has met this criterion.
8. Buffer Wall. A solid brick or architectural wall with anti-graffiti
surface, no less than 6 feet or greater than 7 feet in height:
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a. Should be constructed on the perimeter property line of non-
residential development to mitigate adverse visual, noise
and/or light impacts on the abutting use when no comparable
buffer exists, and
b. Shall be constructed where the standards of the underlying
zone require such a wall for a non-residential use in, or
abutting, a RS, R1 S, or RM zoning district.
FINDING: The abutting properties to the north, south and east are zoned Marion
County Commercial. One parcel to the southeast, across the "Blaine Street"
driveway is zoned Marion County residential. As mentioned above no specific
visual or noise problem is anticipated with this change of use, therefore it does
not appear that a buffer wall is necessary at this time to mitigate the affects on
one residential parcel. This criterion has been met.
9. Sidewalk Location and Street Trees. Sidewalks should be located
at the property line along streets with street trees, Section 3.106.
FINDING: As mentioned above, there is an existing 6 foot wide sidewalk. The
applicant has submitted a proposal to plant a 30 foot wide landscape strip along
the frontage of the property, which includes 7 Boxwood Pear trees. The
applicant has satisfied this criterion.
C. Site Building Access Guidelines
2. Site access in compliance with Section 3.104 should be
augmented by the following considerations:
a. Vehicle Access.
1) Vehicle access points should be identified by accentuated
landscaped areas, by entrance throats designed to control
access from abutting parking and by monument type entrance
signs.
FINDING: The existing vehicle access point from Highway 99E is not currently
landscaped. The applicant proposes to landscape a 30 foot wide area along the
front of the parcel. There is one pole sign located approximately 25 feet to the
north of the entrance. Two existing guard posts, located close to the entrance,
and the proposed landscaping will help to accentuate the entrance. This criterion
is met.
F. Design Standards.
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1. Outdoor Storage Standards. Outdoor storage, when permitted,
shall be screened from the view of abutting streets by a solid
brick or architectural block wall not less than 6, nor more than 9
feet in height.
FINDING: The applicant does not propose any outdoor storage. The applicant
states that the refuse collection facility will be housed in the rear of the building
where there is a separate fully enclosed room. The existing outdoor storage
facility area is needed to meet parking requirements. A condition of approval
requires the applicant to house the refuse collection facility within the structure as
proposed in the site plan.
2. Outdoor Lighting Standards. All outdoor lighting shall be
designed so that:
a. Parking areas are evenly illuminated at ground level at one
foot candle;
b. Entrance and loading areas are illuminated at ground level of
two foot candles;
3) Illumination does not shine or reflect into any adjacent
residentially zoned or used property; and
1) Lighting does not cast a glare onto moving vehicles on any
public street.
FINDING: There are 3 existing exterior light fixtures. The light fixtures were put
in place prior to the adoption of the WOO. The WOO does not require lighting to
be upgraded when a change of use occurs unless it is a nuisance. No new light
fixtures are proposed as part of this application. A condition of approval is that the
fixtures should be adjusted (if needed) so that the light does not reflect onto
adjacent properties or cast a glare onto moving vehicles.
B. WOODBURN SIGN ORDINANCE
FINDING: There is an existing pole sign located approximately 25 feet north of
the entrance from Highway 99E. The applicant is proposing a face change to the
existing sign. All new signs will require submittal of a sign permit and approval.
VI. CONCLUSION:
Based on the findings of fact contained herein, all relevant approval criteria
relating to approval of Design Review, Case No. 03-16 have been met.
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ATTACHMENT "B"
CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT DEPARTMENT:
1. The proposed development shall be in substantial conformance with the
submitted site design and landscape plan provided as Exhibit "A" (date
stamped October 6, 2003), except as modified by the conditions of approval
contained herein.
2. The required vision clearance areas shall be maintained along the access
driveway serving the subject site from Highway 99E and at the comer of
Highway 99E and "East Blaine Street".
3. The property 0 wner/applicant shall submit to the Community 0 evelopment
Department a signed "Acceptance of Conditions" agreeing to all conditions of
approval within 30 days of final Design Review approval. If this condition is
not satisfied within the 30 day period, the applicant shall cease operating the
business and this Design Review approval shall be void.
4. Any conditions attached to the approval of the design review shall be
conditions on the issuance of a building permit. A violation of the conditions
shall be considered a violation of the Woodburn Development Ordinance.
5. Handicap parking spaces shall be improved to meet state and federal
standards.
6. A "No Parking" sign shall be posted at the entrance throat to the parking lot.
7. All improvements to the parking and loading areas shall be completed within
30 days of the date the applicant signs the "Acceptance of Conditions" form
unless a performance guarantee is submitted and accepted by the City
Administrator. If a performance guarantee is accepted by the City
Administrator, the applicant has six months from the date the City accepts
the performance guarantee to complete the above improvements.
8. Exterior light fixtures should be adjusted so that light does not reflect onto
adjacent properties or cast a glare onto moving vehicles.
9. Within 30 days of the applicant's signing of the "Acceptance of Conditions"
form, the exterior fluorescent yellow paint color of the awning shall be
replaced with the green or other earth tone color so that only 10 percent of
the wall, roof and awning surface visible from the street or public parking
area is yellow. The building colors shall comply with Section
3.107.06.B.2.b4. All other colors shall be "earth tone" containing 10 parts or
more of brown or a "tinted" color containing 10 parts or more white.
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10. The existing common refuse collection facility shall be removed and placed
within the building as set out in the application and site plan.
11. An approach road permit shall be obtained from ODOT for the one existing
commercial access onto Highway 99E.
12. The existing chain link fence around the perimeter of the a wning shall be
removed or replaced with a wrought iron fence within 30 days of the
applicant's signing 0 f the" Acceptance of Conditions" form. A ny proposed
walls or fencing shall be approved by the Community Development Director
prior to installation.
13. All outdoor storage is to be screened from view with a brick or architectural
wall not less than 6, nor more than 9 feet in height, pursuant to section
3.107.06F.1.
14. A f inall andscape and irrigation plan shall be submitted tot he Community
Development Department for review and approval within 30 days of the
applicant's signing of the "Acceptance of Conditions" form. All shrubs and
ground cover shall be of a size upon installation so as to attain 80% of
ground coverage within 3 years.
15. The landscaping shall be installed within 30 days of the applicant's signing of
the "Acceptance of Conditions" form unless a performance guarantee is
submitted and accepted by the City Administrator. If a performance
guarantee is accepted by the City Administrator, the applicant has six
months from the date of the signed "Acceptance of Conditions" form to
complete the installation of the landscaping and irrigation. If this condition is
not satisfied within the six month period, the applicant shall cease operating
the business and this Design Review approval shall be void.
16. The property owner shall be responsible for maintaining all landscaping in
good condition so as to present a healthy and orderly appearance.
Unhealthy and dead plants shall be removed and replaced in conformance
with the approved landscape plan.
PUBLIC WORKS DEPARTMENT
GENERAL CONDITIONS:
17. Final plans shall conform to the construction plan review procedures and
standards.
18. The applicant, not the city, is responsible for obtaining permits from any state
and/or federal agencies, which may require approval and/or permit.
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19. All city maintained facilities shall require plan approval and permit issuance
from the Public Works Department. Public facilities located on private
property shall require an acceptable easement be conveyed to the City.
20. System Development fees shall be paid at the time of building permit
issuance.
STREET AND DRAINAGE:
21. Pacific Highway 99E, the boundary street for the subject parcel is classified
as a Major Arterial in the Woodburn Transportation Plan (WTP). Highway
99E is an Oregon Department of Transportation (ODOT) facility and shall be
subject to access requirements in accordance with OAR 734-051.
22. All new vehicle parking and loading areas shall be graded. Storm drainage
facilities shall be provided subject to approval by the Public Works Director.
SANITARY SEWER:
23. Waste Water service is currently being provided to the site.
24. A grease trap will be required prior to discharge to the city system, if any
food preparation area is provided on site.
WATER:
25. The Woodburn Fire District has required the applicant to provide a fire
hydrant on the subject site. The city has no water main adjacent to the
property to provide for a fire hydrant. The water main and fire hydrant shall
be installed by the applicant from the water mains within Lincoln Street,
Aztec street or on the West side of Highway 99E. In addition, the water main
shall be extended along the frontage of the subject parcel to provide for
future extension. If the water, main is located on private property, the
applicant shall provide an easement to be conveyed to the city. The
easement shall be 16 feet in width unless otherwise approved by the Public
Works Department.
The water main s hall be installed i n accordance with city-approved plans.
The installation permit shall be obtained from the Public Works Department.
26. Domestic, lawn irrigation and/or fire sprinkler system, if so installed, shall
require the installation of a proper type of backflow preventer. Contact Larry
Arendt, City of Woodburn Cross Connection Inspector, for type and
installation requirements at 503-982-5283.
DR 03-16 Morrow Investments, LLC
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27. Fire hydrant location and fire protection requirements shall comply with the
Woodburn Fire Districts standards and requirements.
DR 03-16 Morrow Investments, LLC
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October 23, 2003
TO: Honorable Mayor and City Council through City Administrator
FROM: John C. Brown, City Administrator
SUBJECT: Woodburn Police Association Contract
RECOMMENDATION:
It is recommended the City Council approve the attached agreement with the
Woodburn Police Association, effective through June 30, 2005.
BACKGROUND:
The bargained agreement between the City and the Woodburn Police
Association (WP A) approved in 2000 was effective through June 30, 2003. City
staff, has, since February 2003 and pursuant to your guidance, negotiated a
successor agreement with the WP A.
DISCUSSION:
Attached is the contract, upon which tentative agreement was reached with
the WP A. This agreement is for a two-year period ending June 30, 2005;
changes certain working conditions; eliminates certification pay and establishes
new job classes; and increases employee salaries by a total of 5 percent over
the life of the agreement. Job class and salary provisions are retroactive to July
1, 2003. For ease of review, changes from the previous agreement are
highlighted. Significant changes are summarized below.
. Article 10 - Establishes an Officer-in-Charge program; dictates criteria,
eligibility, designation process, and salary provisions for officers given
temporary in-charge assignments. Salaries are increased 5 percent for
time spent in such assignments of three hours or greater duration.
. Article 11 - Incorporates provisions of previous memorandum of
understanding implementing 4/12 work schedules and assuring
compliance with Fair Labor Standards Act (FLSA). Provides WPA may
recommend alternate 4/12 work schedule; eliminates shift bidding when
Agenda Item Review: City Administrator _
City Attorney _
Finane
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Honorable Mayor and City Council
October 23, 2003
Page 2
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on a 4/12 schedule, and revises dates for shift bidding if there is reversion
to a 5/8 schedule.
. Article 12 - Incorporates provisions of previous memorandum of
understanding implementing 4/12 work schedules and assures
compliance with Fair Labor Standards Act (FLSA). Provides that shift hold-
overs and call-outs shall be selected on the basis of seniority, call outs shall
be pursuant to a list established quarterly for that purpose.
. Article 13 - Increases by two hours per month for employees working 4/12
schedules time off in lieu of holiday, as compensation for extra hours
worked each year on a 4/12 schedule: increases accumulation cap to
180 hours.
. Article 14 - Extends longevity benefit, increases vacation accrual one day
per year for each year, 20 through 24 of service, to a maximum of 25
days, and increases accumulation cap to 360 hours: revises vacation bid
dates to November, modifies bidding procedure to address scheduling
alternatives, and provides for alternate bid choices.
. Article 15 . Extends sick leave conversion benefit to employees, allows
employees using less than one day of sick leave per year to convert 8
hours sick leave to vacation.
. Article 18 . Eliminates provisions for certification pay for employees
holding intermediate and advanced certificates, establishes job classes of
Officer I, II, and III, and consolidates certification pay into base salaries:
Basic certification = Officer I, Intermediate certification = Officer II
(includes 5% certification pay), Advanced certification = Officer III
(includes 10 % certification pay).
. Article 20 - Extends the list of equipment issued to employees at city cost,
and provides that city shall replace all irreparably damaged or stolen
equipment issued to employees.
. Article 24 . Incorporates provisions of memorandum of understanding
regarding probationary periods for lateral hires.
. Article 30 -Increases employee salaries by a total of five (5) percent over
the life of the agreement. Full increase will be paid in 2003-04: no further
adjustment will be made in 2004-05. Provides for retroactive application
of pay adjustment to July 1, 2003.
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Honorable Mayor and City Council
October 23, 2003
Page 3
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Appendices reflect:
A - Officer I, II, and III classes and consolidation of certification pay into
the base salary for Officers II and III. This schedule reflects salaries as of
June 30, 2003.
B - Schedule A, adjusted for a five (5) percent increase.
As the attached agreement represents the tentative agreements reached in
good faith bargaining with the WP A, your approval of the agreement is
respectfully recommended.
FINANCIAL IMPACT:
The estimated cost of the bargained salary adjustments for 2003-04 is
approximately $43,000. The total cost of bargained adjustments for 2003-04,
including salary-driven benefits, is approximately $52,000. These costs will be
borne by the General Fund. Monies to support the cost of this increase will need
to be budgeted at mid-year.
JCB
94
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AGREEMENT
Between
THE CITY OF WOODBURN
And
WOODBURN POLICE ASSOCIATION
Effective through June 30, 2005
PRE^MBLE
Page 1 Revised 10/6/03
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T ABLE OF CONTENTS
Pa2C
PRE l\ [Vi B L E ....,....,.....,....,.....".,........".....,........................,...........,.................................. 1
ARTICLE 1- RECOG:"J ITION ....,...................................................................................1
ARTICLE 2 - ASSOCIA TIO;-.J SECURITY ...................................................................2
ARTICLE 3 - ;-.JON-DISCRIMINATION .......................................................................4
A R TIC LE 4 - MANAG EMENT RIGHTS ......,........ ,......... ...... ..... ...... ........................ ....4
ARTICLE 5 - STRIKES AND LOCKOUTS .....,.................,..........................................5
ARTICLE 6 - ASSOCIATION BUSINESS ....................................................................5
ARTICLE 7 - PERSONNEL MANUAL/CONTRACT ..................................................6
ARTICLE 8 - SEN IORITY.... ..,... ...... ....'.,.............. .....,........ ,...,. .............,..........,......,.....6
ARTICLE 9 - 0 UTSIDE EM PLOY M ENT........... ....... ...... ....................................... ......8
ARTICLE 10- WORK OUT OF CLASSIFICATION ....................................................9
ARTICLE 11 - HOURS OF WORK................................................................,............. 10
ARTICLE 12 - OVERTIME ..........................................................................................16
ARTICLE 13 - TIME OFF IN LIEU OF HOLlDA YS..................................................17
ARTICLE 14 - VACATIONS..... ....... ......... ........ .... ........ ........ ........... ..,............ ..... ....... .18
ARTICLE 15 - SICK LEAVE ................................................................,......................21
ARTICLE 16 - OTHER LEAVES .................................................................................24
ARTICLE 17 - SALARI ES..........,......... .......,...................... ................................' ..,.. ....27
ARTICLE I R - EDUCATIONAL INCENTIVE PAY/PREMIUM ...............................29
PA Y/HAZARD PA Y
ARTICLE 19 -. EXPENSES ...........................................................................................30
ARTICLE 20 CLOTHING A\lD UNIFORM .............................................................30
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T ABLE OF CONTENTS (Continued)
Pa2e
ARTICLE 21 -- MANDATORY TRAINING ......................,...,............,.......,........,.......3]
ARTICLE 22 - FRING EBEN EFITS.... ...,. ,....... .,.... ..... ...............,. ........,............ ,..... ....,3 l
ARTICLE 23 - PERSONNEL FILE .........................................................,...................,32
AR TICL E 24 - PROBA TIO)J AR Y PERIODS................. ..... ...........,.... ..... .................. .32
ARTICLE 25 - DISCIPLINE AND DISCHARGE .......................................................33
ART' CLE 26 - EM P LOYEE R' GHTS,.................... ..............................................,.. ....35
ARTICLE 27 - SUBSTANCE ABUSE ....................,....................................................35
ARTICLE 28 - GRIEVANCE PROCEDURE ....... ..... ........ ,... ........... .............. ...... ........35
ARTICLE 29 - SAVINGS CLAUSE... ............. ............, ...... ...., .... ....... ..... .... ...... .... .......3 7
ARTICLE 30 - TERM OF AGREEMENT.. ...... ....... ...., ..... ....... ................. ................ ...3 7
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PREAMBLE
This Agreement is agreed to between the City of Woodburn, Oregon, hereinafter called
the City, and the Woodburn Police Association, hereinafter called the Association. This
Agreement is entered into for the purpose of fixing the wage scale, schedule of hours, and
conditions of employment affecting members of the bargaining unit.
The purpose of this Agreement is to set forth the full agreement between the parties on
matters relating to employment relations.
ARTICLE I - RECOGNITION
The City recognizes the Association as the sole collective bargaining agent for all regular
employees employed in job classifications covered by this Agreement as listed in Appendix A
hereof.
The parties further agree that the classifications of Sergeant, Lieutenant, Deputy Chief,
Chief, and Administrative Secretary are specifically excluded from the bargaining unit.
The accrual of all paid time off benefits and fringe benefits (Article 22) is predicated
upon a regularly scheduled, forty (40)-hour workweek. Employees who work less than forty (40)
hours per week shall have all such benefits prorated based upon the relationship their work
hour's bear to forty (40) hours, except that employees who work less than twenty (20)
hours/week shall not be eligible for fringe benefit (Article 22) coverage.
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ARTICLE 2 - ASSOCIATION SECURITY
A. Association Dues: The City agrees to deduct once each month from the pay of employees
covered by this Agreement as applicable:
I. The Association membership dues and assessments of those association members
who individually request such deductions in writing.
2. In lieu of paragraph I of this Article, a monthly service fee equal to the cost, to
the extent permitted by law, of negotiations and contract administration as
certified in writing by the Association to the City, not, however, to exceed the
uniformly required dues of members, from any employee who is a member of the
bargaining unit and who has not joined the Association within thirty (30) days of
this Agreement, or within thirty (30) days of becoming an employee, whichever is
later.
3. The Association expressly agrees that it will safeguard the rights of non-
association of employees, based upon bona fide religious tenets or teachings of a
church or religious body of which such employee is a member. As to any such
employee, such sums paid by such employee shall be equivalent to regular
Association dues and shall be paid to a non-religious charity mutually agreed
upon by the employee making such payment and the Association, or in lieu
thereof the employee shall request that such in-lieu-of-dues payment be not
deducted and shall make such payment to a charity as heretofore stated and shall
furnish written proof to the Association and the City, when requested, that this has
been done.
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4. The amounts to be deducted shall be certified to the City by the Treasurer of the
Association, and the aggregate deductions of all employees shall be remitted,
together with an itemized statement, to the Treasurer ofthe Association by the
10th day of the succeeding month after such deductions are made. Such itemized
statement shall also include annotation as to any new hires or terminations.
Notification of new hires shall take place at the time the first dues payment is to
be paid and shall include the employee's name. Social Security number, mailing
address, and job title.
5. Provided the City acts in compliance with the provisions ofthis Article, the
Association will indemnify, defend, and hold the City harmless against any claims
made and against any suit instituted against the City as a result of the City's
enforcement of the above provisions or as a result of any check-off errors.
B. Bulletin Board: The City agrees to furnish and maintain a bulletin board within the Police
Department to be used by the Association for the posting of notices and bulletins relating to the
Association.
C. Association Activities: Except as otherwise provided in the Agreement, during their
working hours, Association members shall not engage in solicitation for membership in the
Association, the collection of fees or dues for the Association, or carry on other business
activities of the Association, provided that this provision shall not prohibit conversations
concerning Association matters which do not interfere with the work and duties of any City
employee.
D. Payroll Deductions: All other previously established payroll deductions shall continue to be
offered so long as the present level of employee participation does not decrease.
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ARTICLE 3 - NON-DISCRIMINATION
The provisions of this Agreement shall be applied equally to all employees in the
bargaining unit without discrimination as to age, marital status, race, color, sex, creed, religion,
national origin, or political affiliation. In light of state and federal discrimination remedies, the
provisions of this Article 3 shall not be subject to arbitration under the grievance procedure or
serve as the basis for any other claim of a violation of this Agreement.
ARTICLE 4 - MANAGEMENT RIGHTS
The City shall retain the exclusive right to exercise the customary rights and functions of
management, including, but not limited to, directing the activities of the department, determining
the levels of service and methods of operations, including subcontracting and the introduction of
new equipment; the right to hire, layoff, transfer, and promote; to discipline or discharge
probationary employees without limitation and non-probationary employees for just cause; to
determine work schedules and assign work, and any other such right (and function) not
specifically referred to in this Agreement. Management rights, except where abridged by specific
provisions of this Agreement, are not subject to the grievance procedure.
IIIII
IIIII
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ARTICLE 5 - STRIKES AND LOCKOUTS
In as much as there are other means, both by law and through this Agreement for the
resolution of disagreements that may from time to time arise, the parties agree as follows:
A. Lockout: During the term of this Agreement, the City shall not, as a result of a dispute
with the Association, deny employment to any employee covered by the terms of this
Agreement.
B. Strike: During the term of this Agreement, the Association or its members will not
participate in any strike, slowdown, or other concerted activity, to include the observance of the
picket line of another labor organization. In the event of a violation of the above by the
Association or members of the bargaining unit, the City may discipline, including discharge, any
employee involved in such prohibited activity on a uniform or selective basis.
ARTICLE 6 - ASSOCIATION BUSINESS
A. Association Representatives: The Association agrees that members selected to save as
official representatives, will be certified in writing to the City. Employees designated as
Association representatives, when involved in meetings with the City under the grievance
procedure, shall be allowed time off with regular pay for that purpose when such meetings occur
during the employee's scheduled work hours.
B. Soecial Conferences: Special conferences for important matters may be arranged between
the Association and the City upon mutual agreement of the parties. Such meetings shall be
arranged in advance, and an agenda of matters to be discussed at the meeting shall be presented
at the time the agreement to confer is made. Two (2) official Association members shall be
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permitted to attend such conferences without loss of pay to the extent such meetings are
scheduled during on-duty hours of the members so attending.
ARTICLE 7 - PERSONNEL MANUAL/CONTRACT
The City agrees to furnish each employee of the bargaining unit with a copy of the City
Personnel Manual, Department Rules and Regulations, and a copy of this contract. The cost of
printing and assembling copies of this contract will be borne by the Association. New employees
shall be provided with the above at the time of their appointment. All updates, additions, and/or
modifications to the above shall also be supplied on a timely basis. In the event of any conflict
between the City Personnel Manual, Department Rules and Regulations, and the contract, the
contract governs.
ARTICLE 8 - SENIORITY
A. General Provisions:
1. "Seniority," for purposes of vacation accrual, is determined by the length of an
employee's continuous service with the City.
2. "Classification Seniority" as used in this Agreement shall mean the length of an
employee's continuous service in current job classification listed in Appendix A
hereof and, in addition thereto, any service in a position that supervises that
classification.
3. The City will provide the Association with a copy of the seniority and a
classification seniority list on July I of each year.
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4. An employee shall lose all seniority credit, including seniority for layoff and
recall, in the event of voluntarily quitting or discharge. If an employee is
discharged, grieves the discharge at arbitration or civil court, prevails, and is
reinstated, he/she shall receive seniority credit for the period from discharge to
reinstatement.
5. The revised definitions of seniority and classification seniority shall not be
construed so as to reduce the previously credited seniority or seniority within
classification of any bargaining unit employee. The rate of vacation accrual shall
be determined by "seniority" and the order of vacation bidding; shift bidding and
layoff shall be determined by "classification seniority."
B. Layoff: In the event ofa layoff for any reason, employees shall be laid off in the inverse
order of classification seniority as defined in A (2), above.
C. Recall: Employees shall be called back from layoff in inverse order of layoff. The City
shall notify laid-off employees in the order of their seniority within classification of a position
opening by certified letter, return receipt requested, at their address of record as maintained in
the Personnel office. Laid-off employees shall have seven (7) calendar days from receipt of such
notification in which to indicate their acceptance or rejection of the position and an additional
fourteen (14) days therefrom in which to begin active employment. The City may, however,
specify a later reporting date.
If an employee fails to respond to such correspondence sent to his/her last-known address
(return of certified letter), or if he/she rejects any position offered to himlher, he/she shall forfeit
all re-employment rights. Employees who wish to waive re-employment rights may do so by
written notification to the City.
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Employees returning from layoff shall have all previously accrued sick leave and
seniority reinstated, but shall not receive benefits for the period of the layoff.
ARTICLE 9 - OUTSIDE EMPLOYMENT
A. Activities that are Not Related to Law Enforcement: Employees wishing to engage in
off-duty employment with another employers must obtain approval from the City by submission
of a request in writing for such approval. Such written request shall specify the name of the
prospective employer, the job title of the position, and a description of the nature of the work to
be performed. Upon receipt of such request, the City shall have the right to contact the
prospective employer to independently determine the nature of the employment being
considered. The City shall normally approve or deny a request for outside employment within
three (3) business days of its receipt.
The City shall not deny a request for approval of outside employment unless there is a
conflict of interest. For purposes of this Article, a conflict of interest shall include any
circumstance wherein the employee's or overall department effectiveness would or might be
impaired as a result of the public's knowledge of the nature of the outside employment.
When permission to engage in outside employment is granted, it shall not be construed to in any
manner compromise the employee's obligation to the City to be available for overtime, call-out,
and shift change on the same basis as other employees who work in the same classification. In
addition, the employee shall schedule the outside employment in such a manner so as to have at
least eight (8) hours off for rest prior to the start of each regularly scheduled City shift.
B. Activities That are Law Enforcement Related: The City may from time to time agree to
provide law-enforcement-related services to other public agencies, local merchants, or other
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organizations. When employees are detailed to such activities, the employee shall continue to be
subject to the direction and control of the Chief of Police and shall receive all benefits and rights
afforded by this Agreement. However, service in law enforcement training activities, e.g. service
as a DPSST instructor, shall be governed by the provisions of Section A, above, and not by the
provisions of this section.
ARTICLE 10 - WORK OUT OF CLASSIFICATION
When in the City's sole discretion an employee is temporarily appointed to a higher
classification, he/she shall receive a five (5) percent pay increase for all time spent in such
assignment. All such appointments shall be by written notification to the employee. Within 60
days of executing this agreement, City shall establish an Officer in Charge (OIC) program, Said
program shall include clearly established criteria for eligibility for the program and attendant
training requirements. Criteria shall also spccifiyspecify when and how an officer shall be
disignatcddesignated OIC and his or her duties in that assignment. Employees designated OIC
shall receive a five percent pay increase for all time spent in such assignment, provided that they
serve in that assignment for a minimum of three consecutive hours, Employees that serve in
such an assignment for less than three consecutive hours shall be entitled to no increase in
compensation,
ARTICLE II - HOURS OF WORK
A. Work Day: A day is defined as a twenty-four-hour (24-hour) period commencing with
the employee's scheduled shift day. A normal work day for employees shall consist of either
eight (8) hours per day on the basis of a five-day work week schedule (5-8 plan) or ten (10) hours
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per day on the basis of a four-day work week schedule (4-10 plan), or twelve (12) hours per day
on the basis of a four-day work \veek schedule. All employees, cxccpi for relief officers shall be
assigned a normal work schedule consisting of five (5) consecutive eight-hour (8-hour) work
days or four (4) consecutive ten-hour (LID-hour) days, with the same starting time for each day,
or four consecutive twelve-hour (12-hour) work days consisting of two day shifts, twenty-four
(24) hours ofT, two (2) night shifts, followed by four (4) consecutive days off, or one alternate
twelve ( 12) hour work day schedule that complies with the Fair Lahor Standards Act (FLSA)
requirements, and as implemented at the sole discretion oftlle City of Woodburn. The
Woodburn Police Association may recommend twelve (12) hour workday schedules to be
considered for this alternate twelve-hour (12-hour) workday schedule~ The provisions of this
section shall not apply during the week when a shift rotation occurs.
During 1he life oCthi:; agreement the parties may mutually agree to implement [l twelve
hour (12 hour) day :;chedu\c, I f the parties mutual agree to reopen for th i~; purpose, the parties
will meet and negotiate the schedule and the compensation for any additional hour~; worked. The
City of Woodburn reserves the right to implement or discontinue a 4-12 schedule and re-
establish a 5-8 or 4-10 work schedule as currently provided without any further need to bargain
concerning the decision or the impacts of the decision to do so.
B. Meals and Breaks: Except for court days, training days, and days when traveling outside
the City, employees shall be entitled to one (1) twenty-minute (20-minute) break per work day,
and one (1) thirty (30)-minute meal period during the work day. These breaks and meal periods
shall be paid time. Employees working a twelve (12) hour shift shall receive one (1) forty-five
(45) minute and one (I) thirty (30) minute meal break per day. During the employee's break and
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meal period, the employee shall remain on on-duty status and shall be subject to call- out in cases
of immediate need.
C. Work Week: A normal work week shall consist of forty (40) hours of work during a
seven-day (7-day) calendar period commencing 0001 Monday and ending midnight ofthe
following Sunday. When working a four-t wel ve (4-12) plan a normal work week shall consist of
up to one hundred forty seven (147) hours worked in a twenty four (24) day work period. The
week shall consist of two (2) days of day shift with twenty-four (24) hours off, then two (2) days
of night shift followed by four (4) consecutive days off. When working an alternate twelve (12)
hour shift the normal workweek shall be as established by the given schedule and in compliance
with the FLSA. For employees assigned to work a tour-twelve (4-12) plan or an alternate twelve
( 12) hour plan on a regular basis. the City hereby adopts and establishes a regular. recurring
period of work which shall consist of twenty four (24) days for the police officers so assigned. in
accordance with the Fair Labor Standards Act. Section 7(k).
D. Shift Changes: Except in the case of an emergency, an employee shall be scheduled to
receive at least eight (8) hours off between the scheduled end of shift and scheduled start of the
next shift. If the employee does not receive at least twelve (12) hours off between the scheduled
end of his/her shift and the scheduled start of the next shift, all non-overtime hours worked that
fall within twelve (12) hours of the end of the prior shift shall be paid at the overtime rate.
Shift changes that occur without seven-day (7-day) prior notification will be subject to
the overtime requirements of Article 12 hereof, or if the employee would receive greater
benefits, all time worked outside the employee's next originally scheduled work day to a
maximum eight (8) hours shall be at the over time rate. However, if a shift change without seven
(7) days prior notification is the result of another employee's use of sick leave, bereavement
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leave, administrative leave, holiday leave taken as a result of a personal emergency, resignation
with less than seven (7) days (actually worked) notice, or industrial accident, the schedule
change shall, for purposes of overtime payment, be treated as though seven (7) days prior
notification had been given.
The City may designate up to twenty five percent (25) of the patrol officers on each shift
(rounded up to the nearest whole number) per shift a:; reliefpersonnel. Rcliefpersonnel rather
than other patrol personnel shall, to the maximum practical extent, be subject to changes in shift
when the need for such change occurs,
Day~; off may not be split.
E. Shift Trades: Shift trades will be allowed when both employees submit written request
seventy- two (72) hours in advance specifying both the initial and the reciprocal trade that is to
be made, subject to the following:
1. No employee will work two shifts without at least twelve (12) hours off between
said shifts.
2. City operations and employee safety will not be adversely affected by the shift
trade. When a shift trade occurs, each employee will for pay purposes be treated
as though he/she worked his/her scheduled shift. However, in the event ofa shift
extension, the employee working the extra time off receives the pay for same at
his/her established overtime rate.
F. Shift Rotation:
1. Shift Scheduling: When operating under a 5-8 plan +!he regular shift rotation
shall occur approximately every three (3) months on the Monday of tbe first full
week of that month beginning in January.and :;ball be :;chedulcd :;0 as to coincide
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with the start of the academic quarter at the local community college. The shift
scheduling process shall allow the employee to select two (2) ofthe four (4) shift
schedules (after seven years with the Woodburn Police Department, an employee
may select all four shift schedules he or she is to work during the year) that he or
she is to work during the year, as follows:
a. On or around February October 15 of each year, the City shall first post a
master schedule of the anticipated available shifts for each quarter of the
year and the first quarter of the following year, which shall include days
and hours to be worked for each position.
b. Each employee, starting with the employee who has the most
classification seniority, shall in turn indicate his or her preference as to
any two (2) of the, four (4) shift tours that he or she wishes to work among
those indicated on the master schedule that have not been previously
selected by more senior employees. However, any patrol officer who at
the time of selection of shifts for the following year worked twenty (20) or
more days in a three-month (3-month) shift tour on a shift other than the
shift he/she selected as a result of shift reassignment pursuant to part 2c
below, shall select by seniority three (3) of the four (4) shift tours that he
or she will work. Employees shall be allotted seven (7) days in which to
complete the shift bidding process.
c. Within seven (7) days after all employees have made two (2) (or 3, if
applicable) shift tour selections, the City shall, without limits as to its
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discretion, schedule the remaining shift tours for each employee so as to
complete the work schedule for the year from the listed shifts.
2. Exceptions: With regard to the above procedure, it is recognized that the scheduling
of shifts on the basis of employee preference will not be allowed to interfere with the City's
ability to provide the best and most cost-effective service to the public. By way of example
therefore, the following exceptions to the above shift scheduling procedures are made:
a. Probationary employees shall not be subject to the provisions of this
section F.
b. Employees assigned to a particular activity that is traditionally associated
with specific work schedules shall not be subject to the provisions of this
section.
Examples of such assignments include tire following:
(1) Investigations
(2) Drug enforcement
(3) Inter-Agency Task Force assignment
(4) Traffic detail
(5) School Resource Officer
(6) Community Policing Officer
(7) Canine Unit
3, Discontinuance of 12-hour shifts: Shift rotation in Section F will not apply to a
twelve (12) hour work schedule, Should the Chief of Police direct that a
twelve (12) hour work schedule be discontinued at anytime during the
year, a shift bidding process by seniority shall be conducted. The shift
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bidding shall be for the remainder of the current calendar year and the
balance of the next year, prior to the annual shift bidding process. The
shi ft bidding shall be accomplished in accordance with the Section F (1-2),
exccpt that the initial posting of the schedule for bid shall be not more than
sixty (60) days aftcr the discontinuance oCthe twelve ( 12) hour shift,
ARTICLE 12 - OVERTIME
A. Overtime Work: As used in this Agreement, overtime shall mean that time an employee
is authorized and directed to work in excess of eight (8) ten (10) hours or twelve (12) hours, as
appropriate, in one or on any day, or in addition to a scheduled forty-hour (40-hour) shift week.
Over time shall be computed to the nearest quarter-hour. The City has the unqualified right to
require employees to work overtime. If an employee is assigned to a twelve hour shift, the
employee shall receive overtime pay if the employee works more than twelve (12) hours on a
regularly assigned work day, or more than forty ninc one hundred forty seven (147) hours in aft
e+-gI'lHWcnty-four (24) day period.
B. Call-Out: The City reserves the right to call out any and all employees based on
department need or emergency. Shift holdover shall be offered on the basis of seniority. Call
outs will be first selected using a list, updated quarterly, of employees de~;ircousdesirous of call-
out duty. Selection from the list will be in order of seniority. Failure to respond when called
three (3) times in a quarter will eliminate the officer from the list for the remainder of the
quarter. Exemptions from this section shall be the same as those listed in Article 11, Section
HF.2(b), however, with the exception of employees assigned to investigations, no employee
with a specialty assi~nment shall he prohibited ['rom placing their name on the callout list. Time
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worked that is not in conjunction with a shift shall be paid at a minimum of three hours, except
for scheduled department meetings. and Chiefs forum meetings. If employees are not provided
seven (7) days written notice of departmental meetings, employees shall be entitled to receive the
minimum three (3)-hour call-out pay for such meetings.:. If an employee is called out to work and
that callout is subsequently canceled, the employee shall receive a callout as provided herein
unless such cancellation occurs within ten (10) minutes of the first notification to report to work.
C. Duty-Connected Court Appearance: A duty-connected court appearance shall be
considered work time, and any expenses associated therewith shall be reimbursed.
All witness fees, mileage allowance, and related remuneration paid to the employee for
appearance in court proceedings shall be turned over to the City.
ARTICLE 13 - TIME OFF IN LIEU OF HOLIDAYS
A. Accrual: Employees will accrue 8.67 hours per month for time off in lieu of holidays.
Time off in lieu of holiday, which is taken by an employee will be charged to the nearest quarter
(1/4) hour, to the employee's accumulated holiday time account. Employees may only accrue a
maximum of 104 hours of time off in lieu of holidays. Accruals of 104 hours or less shall be
allowed to carry over from year to year. The employee shall be compensated in cash on a
monthly basis for all holiday time that is in excess of the 104 hour maximum. During any month
in which a twelve-hour shift is implemented. all employees within the collective bargaining unit
shall receive B 13 hours of time off in lieu of holiday for that month. Employees shall have their
holiday accumulation increased to -l-W 156 hours during the period of time in which a tV/el ve
fleH.rtwelve-hour shift is implemented. All employees actually working twelve-hour shifts shall
receive 15 hours of time off in lieu of holiday for that month. Such employees shall have their
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holiday accumulation increased to 180 hours during the period of time in which a twelve-hour
shift is implemented, In the event the twelve hour shift is eliminated. employees over the
maximum accumulation set forth in the collective bargaining agreement shall be entitled to carry
over those hours until such time as they have voluntarily reduced those hours to the amount set
forth therein.
B. Utilization: Holiday time off that is taken in conjunction with a vacation pursuant to
Article 14 (B) shall not be subjected to the following provisions: Requests for accrued holiday
time off shall be in writing and submitted to the on duty supervisor. Such requests shall be
approved or denied within three (3) business days (Monday through Friday, excluding holidays)
of the date the request is submitted. However, holiday time-off requests for the next shift bid
year cannot be submitted before March November 1 of the prior shift bid year. The City shall not
be required to approve a holiday time-off request if doing so would require a change in shift for
another employee, other than a relief officer, or result in inadequate coverage or the payment of
overtime to another employee.
C. Termination of Emplovment: Upon the termination of a regular, non-probationary
employee, all earned but unused holiday time shall be paid at hislher current wage rate.
ARTICLE 14 - VACATIONS
A. Accrual Rate: The accrual of vacation shall be as follows:
Number of Days Maximum
Years of Service Monthly Accrual
Accrued Annually Accrual
0-5 Q6.67 hour 10 160 hours
6 - 10 10.00 hours 15 240 hours
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11 10.67 hours 16 256 hours
12 11.33 hours 17 272 hours
13 12.00 hours 18 288 hours
14 12.67 hours 19 304 hours
15 to 19 and Over 13.33 hours 20 320 hours
20 14.00 hours 21 328 hours
Il 14.67 hours 22 336 hours
22 15.33 hours 23 344 hours
23 16.00 hours 24 352 hours
24 16.67 hours 25 360 hours
Accrued vacation shall be credited as earned vacation for each month of service, in accordance
with A, above, except that vacation accrued during the first twelve (12) months of continuous
service shall not be credited as earned vacation until the employee completes the first twelve (12)
months of continuous service.
B. Utilization: Any vacation accrued in excess of two (2) times the annual accrual will be
forfeited, provided that in the event an employee is unable due to departmental operational needs
to take a vacation, he or she may request and be granted a waiver in writing so as to allow for the
accrual beyond the above maximum for a specified period. Such waiver period shall normally
not exceed four (4) months in duration.
1. Bidding under the Four-Twelve (112) Plan.: When the department is operating on a four-
twelve (4/12) plan, priority vacation bidding will take place on or around November first
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of each year with the posting of a team schedule. Bidding will be conducted within each
team on the basis of seniority, with the senior-most officer having the first vacation
choice. Employees shall be allotted eight (8) days in which to complete the seniority-
based vacation sign-up process, and the City shall have fourteen (14) days after its
completion in which to approve or deny the vacation requests, and to accept alternative
vacation dates for those denied. During this process, bumping of bids by seniority will be
allowed. Priority '.'ucation bidding shull close fourteen days after it opens. Once priority
vacation bidding is completed, non-vacation and holiday requests will be accepted on a
first-come, first-served basis.
2. Bidding under the Five-Eight (5/8) Plan: -When the department is operating on a five-
eight (5/8) plan, priority vacation bidding will take place On or around November March
1st of each yearJ,-each employee shall be allowed to sign up for one (1) continuous
vacation period for the ensuing shift bid year. The above-specified vacation sign-up shall
be conducted on the basis of seniority within class, with the most senior employee having
the first vacation choice. Employees shall indicate their first and second choice for
vacation dates on the bid, Employee~ shall be allotted eight (8) seven (7) days in which
to complete the seniority-based vacation sign-up process, and the City shall have fourteen
~seven (7) days after its completion in which to approve or deny the vacation
requests, and to accept alternative vacation dates for those denied. During this process,
bumping of bids by seniority will be allowed, ";""".All vacation other than specified above
shall be in increments of one (1) day, or longer, and shall be requested not less than two
(2) weeks prior to the first day of the requested vacation. Such vacation shall be approved
or denied on a first-request-received-has-priority basis within three (3) business days of
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the day of receipt of the request, but not before the seniority bidding process has been
completed for the period in question. An employee may combine his/her accumulated
holiday time with vacation when scheduling vacation time off.
C. Cancellation of Vacation: In the event an employee is involuntarily required to work
during his/ her vacation, he/she shall receive time-and-one half for all time worked and shall
have the option of receiving vacation pay for the time involved (for a total of two- and- one-half
times the regular hourly rate) or having the vacation time reinstated to his/her vacation account
for use at a later time.
In addition, if an employee's seniority-bidded vacation is canceled by the City for reasons
that are not beyond the control of the City, and if the employee has made non-refundable
deposits that must thereby be forfeited, he/she shall be eligible for reimbursement subject to the
following. At the time of notification of vacation cancellation, which must be hand-delivered to
the employee-the employee must advise the City of the fact that certain non-refundable deposits
may have been made and the nature thereof. Within seventy-two (72) hours of receipt of the
notice of vacation cancellation, the employee must submit appropriate documentation to verify
any non-refundable deposits. The provisions of this section shall not prevent an employee from
voluntarily canceling and/or rescheduling a vacation without the payment of a premium for the
time involved.
D. Termination of Employment: Upon the termination of a regular, non-probationary
employee, earned but unused vacation time shall be paid at his/her current wage rate.
ARTICLE 15 - SICK LEAVE
A. Accrual: Sick leave with pay shall accrue at the rate of eight (8) hours, per month=of
employment, to a maximum accrual of nine hundred sixty (960) hours.
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B. Utilization: Sick leave shall be available for the following:
1. Personal illness or iniury that is not iob-related: Leave will be allowed only when
an employee is unable to work because of illness or off-the-job injuries and not
for disabilities resulting from outside employment. Verification of illness by a
doctors certificate may be requested by the City for the third and any subsequent
day of absence within any single pay period. The employee must be able to
resume his/her normal work duties upon return to work. A doctor's certificate
verifying that the employee is able to resume his or her normal work duties may
be required.
2. Workers' Comoensation: Any bona fide illness or injury sustained in connection
with City employment or in law-enforcement-related outside employment shall
qualify as cause for sick leave for the first three (3) calendar days of such illness
or injury if the total duration of such illness or injury does not exceed fourteen
(14) calendar days. Sick leave payments will also be made in coordination with
weekly time-loss benefits for which the employee is eligible to receive from the
established disability plan or Workers' Compensation, as appropriate, so as to
equal his or her regular net pay. When coordinated payments are made, the
employee's sick leave account will be charged a prorata amount based upon the
relationship the payment bears to the employee's regular daily wage.
The employee shall continue to receive health, long-term disability, and life
insurance benefits provided herein during which time the employee is on
designated leave under the Family and Medial Leave Act (FMLA). Following
the expiration of the FMLA entitlement period, health, long-term disability, and
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life insurance benefits will continue to be paid by the City provided that the
employee continues to have leave hours charged against their leave bank (sick,
vacation, holiday) as part of the coordinated benefit provision provided herein for
duration of the employee's employment with the City.
If an employee qualifies for disability as provided for in this section and is given a
light duty assignment, the employee shall suffer no loss of payor benefits as a
result of that assignment
3. Medical Appointments: Sick leave shall be utilized for medical appointments that
cannot reasonably be scheduled during off-duty time on an hour-for-hour basis to
the nearest quarter (1/4) hour.
4. Family Illness: When an employee must be away from the job because of an
illness in the immediate family, such time off shall be granted for such time as is
required to arrange for alternative care and charged against sick leave time.
Immediate family is defined as husband, wife, mother, father, grandparents, son,
daughter, brother, sister, father-in-law, mother-in-law, or other relative living in
the employee's household.
C. Limitations:
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1. New Employees: Sick leave shall not be available for utilization until after the
first ninety (90) days of employment have been completed.
2. Notification: The employee shall notify his or her immediate supervisor in
accordance with procedures that may be established by such supervisor ofthe
need for sick leave as, soon as possible after his or her knowledge of the need.
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3. Appearance in Court: If an employee is required to appear in court on a day that
the employee is off on sick leave, the employee shall, notwithstanding the
requirements of Article 11, Hours of Work, and Article 12, Overtime, not be
eligible for extra pay for the first eight (8) hours of the court appearance. An
employee shall not be charged sick leave for the hours worked pursuant to this
section.
D. Incentive Conversion: Any employee who accumulates eighty-eight (88) hours or more
of unused sick leave within the calendar year has the option to convert eight (8) hours of sick
leave into vacation leave as an incentive for low usage of sick leave,
ARTICLE 16 - OTHER LEAVES
A. Jury Duty: An employee shall continue to receive his/her regular salary for the period of
required services as a Juror. All monies received for jury duty will be surrendered to the City.
Employees on jury duty shall be changed to a duty assignment commencing at 8:00 a.m. and
ending at 5:00 p.m. and shall not receive a paid lunch period for the time served on jury duty. In
addition, if the deliberations of the jury extend beyond 5:00 p.m., the employee shall not be
entitled to any overtime pay. Employees will report for work when less than a normal work day
is required by such duty.
B. Voting Leave: When an employee's work schedule is such that he/she would not be able
to vote prior to or after his/her normally scheduled working hours, he/she may be granted a
reasonable time off duty to vote without loss of payor accrued vacation or sick leave.
C. Leave of Absence Without Pay: A regular, non-probationary employee may be granted
leave of absence, without pay up to twelve (12) months when the work of the department will not
be handicapped by his/her absence. Requests for such leaves must be in writing and must
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establish reasonable justification for the approval by the City. Leaves of absence for longer than
two (2) weeks must be approved by the City Administrator.
D. Limited Duty Assignments: When an officer who has been injured is certified as fit for
limited or light-duty but not full duty, the City shall provide employment subject to the following
limitations:
1. The maximum duration of such employment shall be six (6) months.
2. Pay for such position shall be as follows:
a. If the disability was the result of an injury suffered in the course of
employment with the City, the employee shall receive one hundred
percent (100%) of his or her base rate including educational incentive pay,
but not including overtime, FTO pay, and the like.
b. If the disability is not the result of an injury suffered in the course of
employment with the City and, except as excluded below, the employee
shall be paid at the police officer trainee rate-B.
With respect to both a. and b., above, there shall be no charge to sick leave or supplemental pay
available from the employee's accumulated sick leave bank for the time spent working in a
limited-duty capacity. Paid leave time, including sick leave at the employee's regular hourly rate,
shall, however, continue to be available while on a limited-duty assignment.
When it is practical to do so, the City shall also modify the work schedule of limited-duty
employees so as to allow the employee to participate in physical therapy and attend medical
appointments.
3. There shall be a limit of one (1) full-time equivalent employee (FTE) placed on
light-duty positions. In the event more than one (1) employee is eligible to be
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placed in the position, the City shall first offer such work to the employee(s) who
suffered an injury in the course of employment with the City.
4. The officer must be able to work in the evidence room, take phone inquiries, and
conduct background checks/investigations by phone, do filing, and perform
various other office tasks in order to qualify for the light-duty position.
5. With regard to non-duty-connected disabilities there must be a medical opinion
indicating that the employee will likely be fit to return to full duty within the
six(6)-month period, and of the employee's fitness to work in the light-duty
position. The City shall have the right to obtain a second medical opinion at its
own expense in order to verify any medical opinion it has received from the
employee's physician.
6. Limited-duty work shall not be offered to an officer who is disabled as a result of
his/her misconduct or in the course of a non-City activity that was or could have
been covered by Workers' Compensation. Assignment to limited duty shall be
voluntary, except that the City may involuntarily assign an employee to limited
duty if the disability was the result of an injury suffered in the course of
employment with the City.
E. Bereavement Leave:
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1. In the event of a death in the employee's immediate family, an employee shall be
granted a leave of absence of up to five (5) calendar days per occurrence without
loss of pay. The amount of bereavement leave granted (not to exceed five (5)
calendar days per occurrence) shall be reasonably appropriate and necessary
under all the circumstances.
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2. Immediate family is defined as husband, wife, mother, father, grandparents, son,
daughter, brother, sister, father-in-law, mother-in-law, or other relative living in
the employee's household.
3. This leave shall be separate from sick leave and shall not accumulate from year to
year.
4. In the event of a death of a co-worker, employees may request and be granted
vacation leave or other mutually agreeable time offto attend the funeral. In
instances where the essential work of the City would be seriously handicapped by
the temporary absence of a group of employees in a division, the City may set a
reasonable limit on the number of employees that are to receive such leave.
F. Military Leave: Military, alternative service, and Peace Corps leave shall be granted in
accordance with Oregon Revised Statutes.
ARTICLE 17- SALARIES
A. Appendix BA: Salaries covered by this Agreement shall be in accordance with the
schedule set forth in Appendix BA, attached hereto and incorporated herein. Each employee
shall be paid at one of the steps in the range prescribed for hislher classification as prescribed
herein.
B. New Emolovees: A new employee who is Oregon DPSST certified will normally be
hired at Step I or above the range established for the classification to which he/she is assigned.
Employees who do not have DPSST certification shall be placed at the trainee level until
completion of six (6) months of service and then placed at Step I until completion of the
probationary period.
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C. Step Advancement: Except as specified above for trainees, and as specified below for
non-PERS new hires, a new employee or promoted employee is eligible for consideration for
advancement to the next step of the salary range of his/her classification at the beginning of the
next pay period following completion of twelve (12) months of service in the prior step, and until
he/she reaches the top of his/her range, subject to the provisions of Section D hereof A new
employee, who is not a member of the PERS system upon his/her hire, shall be eligible for
advancement to the next step of the salary range following completion of six months of service
in the prior step, subsequent steps will occur following the completion of twelve-months of
service.
D. Denial of Step: If a step advancement as provided for in Section C of this Article is to be
denied, the employee shall be given notice of such denial in writing. The notice of denial must
also state the reason for the step denial and, where applicable, specify the standards that must
be achieved before the step increase will be granted.
E. Field Training Officer: Officers performing the duties of FTO or Trainer shall receive a
premium of 5% in addition to his/her regular pay, not including overtime or educational
incentive pay. FTO/Trainer pay shall be effective only when the employee is spending the
majority of his /her time in direct supervision of the trainee (i.e. riding in the same car), and not
for the remainder of the FTOrrrainer assignment.
F. Spanish Incentive and Russian Incentive: Any employee demonstrating written and oral
proficiency in the Spanish or Russian languages shall receive, in addition to his/her regular pay,
a seven percent (7%) premium. The City is to determine the level of proficiency required and
the manner of testing that proficiency. Newlv hired officers shall be eligible to receive language
incentive pay upon completion of the Field Training and Evaluation Program (FTEP).
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ARTICLE 18 - EDUCATIONAL INCENTIVE PAY/PREMIUM PAY/HAZARD PAY
A. Intermediate Certificate: Each officer ,>,>,ho possesses an Intermediate DPSST certificate
from Oregon DPSST and ,.."ho accomplished one (I) or a combination that is in the aggregate
equal to one (1) of the follo','ling during the preceding fiscal year shall, in addition to hislher
regular pay, recei','e a five percent (5%) premium.
I. Sixteen (16) hours of approved DPSST law enforcement training on his or her
o\vn time and expense.
2. Three (3) academic quarter hours of college credit course work that is: a) v,'ork
related, or b) required as a component of an approved degree program.
B. Advanced Certificate: Each officer who possesses an Advanced DPSST certificate from
DPSST and who accomplished one (1) or a combination that is in the aggregate equal to one (1)
ofthe follo'.ving during the preceding fiscal year sball, in addition to his or her regular pay,
receive a ten percent (10%) premium.
1, Thirty t'.\'o (32) hours of approved DPSST law enforcement training on his or her
own time and expense.
2, Six (6) academic quarter hours of college credit course \york that is: a) \vork
related, or b) required as a component of an approved degree program.
All academic course """ork must be approved in advance by the City.
Educational incentive pay associated with intem1ediate and advanced DPPST certificates
is eliminated, and ClasscssClasses for Police Officer L II, and III are established. Officers
possessing an Intermediate DPSST certificate from DPSST shall be placed within the Officer II
class, and officers possessing an Advanced DPSST certificate from DPSST shall be placed
within the Officer III class. In order to maintain their employment in these respective classes,
officers are required to maintain the required level of DPSST certification. It will be each
officer's responsibility to ensure they attend all training required by DPSST to maintain
certification. The City will continue to provide 40 hours of training per year. If possible, the City
will offer training that satisfies DPSST standards. In the event the City provided training does
not satisfy DPSST standards due to content or required hours, or in the event employees are not
available when city training is offered, training shall be obtained by the employee on employee's
own time and at employee's own expense. Such expenses shall not be reimbursed by the
City..Employees who fail to maintain their certification will be subiect to demotion, or in the
event ofloss of basic DPSST certification, termination,
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B.G. Any employee assigned as a motorcycle officer shall receive hazard pay equal to
five percent (5%) of his /her base pay while so assigned.
C.g. Any officer belonging to the SRT Team or its equivalent shall receive, as hazard pay, an
amount equal to ten percent (10%) of his/her base pay for all hours worked on a SR T
Team call-out or incident (Excludes training and report writing).
ARTICLE 19-EXPENSES
For out-of-town travel on City business, employees shall be eligible for reimbursement
their reasonable, actual receipted expenses.
ARTICLE 20 - CLOTHING AND UNIFORM
If an employee is required to wear a uniform, the city shall furnish such uniform to the
such uniform shall be furnished to the employee by the City. The City shall pay the cost of the
uniform shall be paid by the City. For sworn employees, the uniform shall include body armor,
leather, ami-weapon. and other such equipment as issued by the department. The City may
approve alternative weapons and leather, which the employee shall provide at his/her own
expense. Body armor shall be replaced in accordance with the manufacture's recommendation.
City shall replace all irrepairablcirreparable damaged or stolen eQuipment issued to employees.
The City will provide a clothing allowance for employees while assigned to plain-clothes
duty, on an actual reimbursement basis, not to exceed $50 per month.
ARTICLE 21 - MANDATORY TRAINING
A. Training Defined: The kinds of training that may be conducted pursuant to the provisions
of this Article shall include such activities as DPSST-approved classes, college-level instruction,
firearms qualification, and instruction as to departmental methods or procedures.
The City agrees to meet and confer with the Association with respect to the selection and
scheduling of mandatory training activities.
B. Cost of Training: The City shall pay all costs of mandatory training.
C. Pay for Training: Notwithstanding other provisions of this Agreement and to the extent
permitted by law, the City shall have the right to pay employees at their straight-time hourly rate
for training activities that the employee is required to attend which do not fall within the
employee's regularly scheduled hours of work.
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When a particular class or training activity is to be offered at two or more different timest
and when there is a choice between scheduling an employee to attend the training during hislher
regular work hours or outside hislher regular work hourst the employee shallt to the extent
permitted by the City's reasonable operating needst be scheduled to participate in the training
during his/her regular work hours.
D. Firearms Oualification: The City shall schedule not less than six (6) opportunities for
each officer to practice shooting hislher firearm each year. Not less than one hundred (100)
rounds per participant shall be provided for each such opportunity. Included within the above-
specified six (6) opportunities shall be not less than four (4) qualifications.
ARTICLE 22 - FRINGE BENEFITS
A. Medical: The City shall continue to provide the existing League of Oregon Cities Plan V
- PPO $100 deductible with well baby coveraget or an equivalent (in the aggregate) alternative
medical insurance plan for all employees and their enrolled dependents.
B. Vision: The City shall continue to provide the existing League of Oregon Cities UCRt or
an equivalent (in the aggregate) alternative vision plan for all employees and then-enrolled
dependents.
C. Dental: The City shall continue to provide the existing or an equivalent (in the
aggregate) dental insurance plan for all employees and their enrolled dependents.
D. Life Insurance: For the duration of this Agreementt the City shall provide the following:
1. A $25tOOO twenty-four (24)-hour term life and accidental death and
dismemberment policy.
2. A $1 OtOOO on-duty life policy that is in addition to the above.
3. A $ltOOO twenty-four (24) hour life double-indemnity accidental death and
dismemberment policy.
E. Retirement: The City agrees to continue to participate in the Public Employees'
Retirement Systemt which includes crediting of accumulated sick leave toward improved
retirement benefits.
To the extent permitted by Section 414(H-2) ofthe Internal Revenue Service Codet
employee payroll deductions towards the cost of retirement shall be made on a pre-taxable
income basis.
ARTICLE 23 - PERSONNEL FILE
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A. File Review: Each employee shall have the right, upon request, to review and obtain at
hislher own expense, copies ofthe contents ofhislher personnel file, exclusive of materials
received prior to the date ofhislher employment by the City.
B. Removal: Letters of warning, upon request of the employee, shall be removed at the end
of twelve eighteen (12&) months, provided there are not subsequent warning letter(s) ora similar
nature or disciplinary, action, related to similar actions, during the intervening period of time. All
other disciplinary documents shall become a permanent record in the personnel file.
C. File Additions: Each employee shall have the right to read and sign any written material
of an evaluative nature that is placed in hislher personnel file. This includes merit ratings, written
reprimands, demotions, suspensions, or discharge. Any employee may respond in writing to any
item placed in such personnel file, and said response shall become a part of said file.
ARTICLE 24 - PROBATIONARY PERIODS
Probationary periods shall apply to both new employees and employees having received a
promotion. The probationary; and such periods shall be eighteen (18) months for all employees
new to the department; however, when a laterally hired, experienced and police-certified new
hire is hired above the Step 1 rate, such officer's probationary period shall be twelve (12) months
following completion of the orientation period, Emplovees promoted to a higher classification
shall serve a twelve (12) month probationary period. and for all promotions. At or prior to the
completion of the probationary period, a new employee may be discharged and a promoted
employee may be restored to hislher former classification without any reason, justification, or
cause being shown.
New employees who are certified and have prior experience may be hired above the Step
I rate. An employee so hired shall be eligible for advancement to the next step on the salary
schedule after completion oftwclve (12) months of service in the preceding step.probation.
Probation may be extended for a maximum period of six months.
ARTICLE 25 - DISCIPLINE AND DISCHARGE
No employee shall be disciplined without just cause and due process.
A. Due Process: The following procedures shall be honored if disciplinary action is being
considered.
a. Before any decision to take disciplinary action is finalized, the following shall
occur;
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(1) The employee will be informed of the changes in writing and given the
information that is the basis for possible disciplinary action.
(2) After the employee has been informed of the charges he/she shall have the
opportunity to meet and discuss the matter with the supervisor who
initiated the charges. If the employee chooses to meet with the supervisor
to discuss the charges, he/she shall be allowed to have a representative of
the Association -l::lfl::iefl present.
b. After the decision is made, the employee shall be given written notification
thereof. If the decision is adverse to the employee, the employee shall have the
opportunity to include a statement in hislher defense in hislher personnel file.
B. Just Cause: For purposes of this Article, just cause shall require that no employee shall
receive a written reprimand, be suspended without pay, or terminated without just cause. If a
question as to just cause exists, it may be resolved by submission to binding arbitration pursuant
to the provision of Article 27.
C. Limitations: Oral reprimands and warnings shall not be considered disciplinary actions
and shall not be subject to the provisions of this Agreement. A written reprimand shall not be
subject to the Due Process steps outlined in Part A of this section but shall be subject to the Just
Cause provisions of Part B hereof. If the City has reason to reprimand an employee, it shall be
one in a manner that is least likely to embarrass the employee before the other employees or the
public. The Association shall be forwarded a copy of any correspondence sent to the employee.
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ARTICLE 26 - EMPLOYEE RIGHTS
The following provisions apply to any interview which the supervisor has reason to
believe could result in disciplinary action.
A. Prior to the interview, the employee will be informed of the nature of the allegations. The
employee will also be notified that he or she has a right to have an Association representative
present at the interview. The notification provisions contained herein are not applicable to a
criminal investigation under Section 26B of tins Article.
B. In a non-criminal investigation, the employee may be required to answer any questions
reasonably related to the subject matter under investigation. The employee may be disciplined
for refusing to answer such questions. In a criminal investigation, the employee shall be
informed that he or she is not required to answer questions and is not required to participate in
the interview. Ifthe employee chooses to either not answer or not participate in the interview in a
criminal investigation the employee shall not be subject to discipline for exercising those
privileges.
C. In situations involving the use of deadly force, the employee shall be afforded reasonable
opportunity to consult with an Association representative or attorney prior to being required to
give an oral or written statement about the use of such deadly force.
ARTICLE 27- SUBSTANCE ABUSE
The substance abuse policy, including the testing of an employee, shall be in accordance
with General Order Number One adopted September 7, 1999.
ARTICLE 28 - GRIEVANCE PROCEDURE
A. Definition: A grievance for the purpose of this Agreement is defined as an alleged
violation of this Agreement.
B. Time Limits: The time limits set forth herein shall be modified only by written
agreement. Failure by the City to respond within a specified time limit shall constitute rejection
of the grievance at that step and thereby allow the Association to proceed to the next step within
the applicable time limit. Failure by the Association to proceed to the next step within the
applicable time limit. Failure by the Association to file a grievance or proceed to the next step
within the time limit specified in each step shall constitute tennination of the grievanceafl
acceptance of the City's position on the issue.
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C. Procedure: In an effort to provide for a peaceful procedure for resolution of disputes, the
parties agree to the following grievance procedure:
Step 1- Immediate Supervisor: The employee or the Association shall submit the
grievance in writing to the most immediate supervisor outside the bargaining unit within
fifteen (15) days from the occurrence thereof or the employee's knowledge thereof The
written grievance shall include: 1) a statement of the specific City action or lack of action
which is the cause of the grievance; 2) specific provision(s) of the contract by Article and
Section(s) violated; and 3) remedy sought The supervisor shall make a written response
to the grievance within ten (10) days.
Step 2 - City Administrator: If the grievance remains unresolved, the grievance shall be
submitted within ten (10) days of the date of the response was received, or within ten (10)
days of the date that the response was due if no timely response is received, to the chief
administrative official of the City by forwarding a copy of all materials submitted or
received at all prior steps to the City Administrator with a cover letter specifying that the
matter is being pursued to the second step. The City Administrator and his/her designee
shall meet with the Association within ten (10) days of receipt of the grievance and shall
make a written response to the grievance within ten (10) days of the meeting.
Step 3 - Arbitration: If the grievance is not resolved, it may be submitted within fifteen
(15) days of the date the response was received, or within fifteen (15) days ofthe date
that the response was due if no timely response was received, to the arbitrator in the
following manner.
1. The Association shall serve notice to the City Administrator of intent to
arbitrate and on the same date request a fist of five (5) names from the
State Conciliation. Within seven (7) days of receipt of the list, the parties
shall alternately strike one (1) name from the list, until only one (1) is left.
The one (1) remaining shall be the arbitrator.
2. The arbitrator shall render a written decision within a reasonable time. The
powers of the arbitrator shall be limited to interpreting this agreement and
determining if it has been violated. The arbitrator shall have no power to
alter, modify, add to, or detract from the terms of this Agreement. The
decision ofthe arbitrator, provided it is within the scope of this
Agreement, shall be final and binding on both parties.
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Expenses for the arbitrator's services and the proceedings shall be borne equally by the
parties. However, each party shall be completely responsible for the cost of preparing and
presenting its own case, including compensating its own representatives and witnesses. If either
party desires a record of the proceedings, it shall solely bear the cost of producing such a record.
ARTICLE 29 - SAVINGS CLAUSE
Should any Article, or portion thereof of this Agreement be held unlawful or
unenforceable by any court of competent jurisdiction, such decision of the court shall apply only
to the specific Article or portion thereof, directly specified in the decision. Upon the issuance of
such a decision, the parties agree to negotiate a substitute if possible, for the invalidated Article
or portion thereof.
ARTICLE 30 - TERM OF AGREEMENT
A. This Agreement shall be effective upon the date of signing except that economic
provisions shall be retroactive to July I 200~9, for those individuals emoloyed with the
W oodbum Police Department as of the date of signing this agreement. Employees shall receive
a separate paycheck for retroactive pay, from July 1, 2003 to the date of signing. Such amounts
shall be subiect to all customary and standard payroll withholdings. This Agreement aHd--shall
remain in full force and effect through June 30, 2002J, and. This Agreement shall also remain in
effect through any negotiations for a successor agreement. This Agreement shall not be modified
in whole of in part by the parties except by instrument, in writing, duly executed by both parties.
B. The parties acknowledge that during the negotiations which resulted in this Agreement,
each had the unlimited right and opportunity to make demands and proposals with respect to any
subject or matter appropriate for collective bargaining and that the understandings and
agreements arrived at by the parties after the exercise of that right and opportunity are set forth in
this Agreement. Therefore, the City and the Association, for the life of this Agreement, each
voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be
obligated to bargain collectively with respect to any subject or matter, even though such subjects
or matters may not have been within the knowledge or contemplation of either or both of the
parties at the time that they negotiated or signed this Agreement. All terms and conditions of
employment not covered by this Agreement shall continue to be subject to the City's direction
and control. The wage scale provided for and in effect on June 30, 200~9, shall be amended and
modified as follows:
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Effective July 1. 2003. the classifications of Police Officer I. It and III shall be
established, and shall incorporate into base salary pay for basic. intermediate. and
advanced certification. as detailed in Appendix A to this agreement. Henceforth. the
Police Officer I class shall require basic certification, Police Officer II shall require
intermediate certification, and Police Officer III shall require advanced certification.
Separate certificate pay is discontinued.
Effective July I, 2003, the wage scale in effect on June 30, 2003, shall be increased by
five percent (5.0%), as detailed in Appendix B to this agreement.
Effective July I, 2004, the wage scale in effect on June 30, 2004, shall be increased by
zero three--percent (0.0%).
Executed this _day of
,2003
FOR THE CITY:
FOR THE ASSOCIATION:
Signature
Signature
Title
Title
Date
Date
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APPENDIX "A"
WAGES
Effective June 30, 2003:
Step 1
Step 2
Step 3
Trainee:
3,090
Police Officer I
3.238
3.410
3.572
Police Officer II
3.400
3.581
3,751
Police Officer III
3,562
3,929
3,751
Step 4
3,761
3,949
4,137
APPENDIX "B"
WAGES
A. Effective Ju 1 y L 2003:
Step 1
Step 2
Step 3
Trainee:
3,245
Police Officer I
3,400
3,751
3.581
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Step 4
3.949
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Step 5
3,933
4,130
4,326
Step 5
4,130
Police Officer II
3.570
3.760
3.939
Police Officer II I
3.740
3.939
4.126
B. Effective Ju 1 y 1. 2004:
Step 1
Step 2
Step 3
Trainee:
3.245
Police Officer I
3.400
3.581
3.751
Police Officer II
3.570
3.760
3.939
Police Officer III
3.740
3.939
4.126
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4.146
4.337
4.344
4.542
Step 4
Step 5
3.949
4.130
4.146
4.337
4.344
4.542
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October 22, 2003
FROM:
Mayor and City Council through City Administrato'/ll ~
Randy Rohman, Public Works Program Manager
TO:
SUBJECT:
Bid Award for Ozone Generator
RECOMMENDATION:
Award bid for ozone generator to Lincoln Equipment Inc. for $12,193.10.
BACKGROUND:
The City obtained bids for a replacement ozone generator to disinfect water at the
aquatic center. The results were:
Bidder
Lincoln Equipment Inc.
Carefree Pool and Spa
Trio Industries
DEC Industries
Amount
$12,193.10
$15,250.00
$15,865.00
$15,995.00
DISCUSSION:
The existing ozone generator has been identified for replacement and there have been
operational problems with the existing ozone generator recently. The new unit will
initially be placed in the existing mechanical room at the aquatic center and then
relocated to the new chemical separation building. The deteriorating condition of the
existing unit necessitates that this planned replacement purchase be made at this time
rather than being delayed for completion of the chemical separation building.
The purchase of a replacement ozone generator was approved as part of the 2003-
2004 budget. The budgeted cost for the ozone generator was $15,000. Staff is
recommending award of the contract for purchase of the replacement ozone generator
to Lincoln Equipment Inc. for $12,193,10.
FINANCIAL IMPACT:
The cost of $12,193.10 is less than amount estimated in the 2003-2004 budget for
ozone generator replacement.
Agenda Item Review: City Administrat~ City Attorney ~ Finance.&
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October 27,2003
TO: Honorable Mayor and City Council through City Administrator
FROM: John C. Brown, City Administrator
SUBJECT: Intergovernmental Agreement for Highway 214 Sidewalk
Construction
RECOMMENDATION:
Authorize the City Administrator to execute an intergovernmental agreement
with the Oregon Department of Transportation for sidewalk construction on
Highway 214.
BACKGROUND:
The City has worked with the Oregon Department of Transportation (ODOT)
since 2001 to complete the design and pre-construction work and to find
funding needed to build sidewalks on Highway 214 between the Nuevo
Amanacer complex and Park Avenue, and in the vicinity of Woodburn High
School west to Meridian Drive. State interest in this project was gained following
a fatal accident involving two pedestrians in 2000. In Spring 2001, ODOT
approved a $200,000 Bike/Pedestrian facilities grant to the City to build the
sidewalk. That grant was to be matched by a similar amount, supported by the
City and the Woodburn School District. Design changes directed at pedestrian
safety increased the cost of the project, and required the City and ODOT to
seek additional funding. Later in 2001, the City and ODOT reached tentative
agreement on a cost sharing arrangement that supported a project of
approximately $800,000, using Oregon Transportation Investment Act funding to
supplement the Bike/Ped grant that City and School District contributions. That
agreement was not formalized, and a bid let that year netted contractor
responses slightly in excess of $1,000,000.
Since Fall of 2001, City and ODOT staff have struggled to reach agreement on a
sidewalk project that will: meet the needs of area pedestrians and provide
ample separation of pedestrians from traffic; protect the safety of pedestrians
adjacent to the highway in the vicinity of Mill Creek and Front Street crossings;
Agenda Item Review: City Administrator
City Attorney
Finane,
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October 27, 2003
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protect the agencies' investment in the facility from future road widening;
provide for roadway illumination; comply with wetlands and historic preservation
requirements; be physically attractive; and can be funded. Disagreement over
these considerations, and various design options developed and submitted by
the City, has delayed delivery of the project, as has the spiraling cost of
construction estimates. The project is currently estimated at $1 ,514,693.
Much of the disagreement over project design has involved the City's desire to
separate pedestrians from traffic along the highway, and in particular at the Mill
Creek crossing and under the Front Street overpass. City preferences separated
sidewalks from road surface by 12 feet along the highway, used pedestrian
bridges to cross Mill Creek, and directed sidewalk behind the overpass columns.
That design requires retaining walls to support the sidewalk; the further away
from the highway, the higher the retaining wall is required, and the greater
opportunity for incursion into wetland areas.
Since 2001, the City has maintained a limit on local funds to be contributed to
this project at $214,200, the match required by the Bike/Ped. Grant. At City
request, ODOT staff sought the funding needed to supply the remainder of
project costs, and received approval from the Oregon Transportation
Commission, and a subsequent augmentation, to use OTIA funds. ODOT also
protected the 2001 Bike/Ped grant from reversion, as it was not used within the
timeframe initially granted. All these funds must be expended in 2004 however,
and are now limited to approximately $1,200,000. Consequently, ODOT
attention on design alternative has focused on cost considerations. ODOT
consideration has also focused on avoiding wetlands areas. Incursion into
wetlands triggers time-consuming environmental assessments that can no longer
be accommodated without threatening the loss of OTIA funding, and
generating construction cost increases.
In light of these considerations, staff has agreed to recommend that you
approve compromises with ODOT, in order to get the project built. An
intergovernmental agreement (IGA) between the City and ODOT is being
developed, a draft of which is attached for your information, which reflects
these compromises.
DISCUSSION:
The attached draft is subject to minor but additional negotiation. It represents,
however, the tentative agreements reached with ODOT, subject to your
approval, regarding project design, delivery, and financing. It is necessary to
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October 27, 2003
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obtain approval of the IGA as soon as possible, so ODOT's consultants can finish
final design work needed to compile and release a bid document for the
project in March 2004, and to complete the project next summer. As a work in
progress, the draft does not contain Exhibit A, which is a project drawing. The
project provides sidewalk on the south side of Highway 214, from Nuevo
Amanacer to Park Avenue and up to Front Street, and on the north side from
Meridian Drive to the High School exit on Highway 214. Sidewalks will be
separated from road surface by six feet, and a curb line, except in the area of
the Mill Creek crossing, where ODOT proposes road-side sidewalk, behind the
columns of the Front Street Overpass, and between the overpass and Park
Avenue where the sidewalk will follow the contour of level ground. ODOT has
indicated its traffic engineers believe lack of separation at the Mill Creek
crossing is safe, given the signage and posted speed limits in the area. City staff
continues to have safety concerns with that design. Accordingly the design will
also include a pedestrian bridge-crossing alternative, which staff proposes to be
funded by the City. This alternative increases City costs by an estimated
$62,000.
The IGA estimates the cost of the project at $1,514,693, and limits the City's
share to $276,200. That includes $108,600 in City funds committed to the
Bike/Ped grant match, $105,600 to be provided by the Woodburn School District
for it's share of the grant match, and $62,000 for the pedestrian bridge. The IGA
places responsibility for sidewalk and bridge maintenance on the City. It
requires the City to dedicate right-of way necessary to construct the project,
and to allow ODOT to occupy any city property needed to construct the
project. These are standard provisions of ODOT agreements, as are provisions
regarding compliance with various laws and regulations, record keeping, and
audit requirements. The IGA obligates ODOT to complete project design,
develop and let bid specifications, enter into and manage construction
contracts to build the facility, and to fund costs in excess of $1,514,693.
If you authorize me to execute the IGA, you are authorizing these design and
funding changes. If you disagree with design changes, or if you believe the
pedestrian bridge is unnecessary, alternatives available to you include
eliminating the pedestrian bridge from the project, or withdrawing City support
for the project entirely.
It should be noted that a few outstanding issues remain to be resolved. Among
those, the extent of roadway illumination, if any, to be provided as part of the
project; limitation of City-responsibility for right-of-way dedication to its own
properties; the timing and cost of pedestrian bridge construction; the timing of
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Honorable Mayor and City Council
October 27, 2003
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payment of City share of the project; and unilateral verses mutual agreement
needed to terminate the IGA. If it is your decision to authorize me to execute
the IGA, and these matters cannot be worked out to the City's satisfaction, I will
not sign the document and will advise ODOT to build the project without City
assistance
FINANCIAL IMPACT:
The recommended action results in costs to the City of $170,600 (11.3 percent of
the estimated total project cost), which will be supported by capital funding for
roads. A portion of these funds is included in the 2003-04 capital budget.
Amounts needed for the pedestrian bridge will need to be budgeted either at
mid-year, or in 2004-05.
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October 23, 2003
Contracts & Agreements
No. 19664
2001 OREGON TRANSPORTATION INVESTMENT ACT AGREEMENT
OR214 Sidewalks (Woodburn)
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 the CITY OF WOODBURN, acting by and through its elected
officials, hereinafter referred to as "Agency".
RECITALS
1. The 2001 Oregon Transportation Investment Act Program, hereinafter referred to as
the "2001 OTIA Program", provides funding for preservation and modernization
projects chosen by the Oregon Transportation Commission.
2. The Oregon Transportation Commission selected the projects to be funded under
the 2001 OTIA Program at its January 16, 2002 meeting. This selection included the
Willow Avenue (Woodburn) - Mt. Angel Project, which includes funding for sidewalk
work in the City of Woodburn. This agreement is for the purpose of sidewalk
construction and maintenance as described in Terms of Agreement No.1, of the
Willow Avenue (Woodburn) - Mt. Angel Project.
3. Oregon Route 214 (OR214), also known as the Hillsboro-Silverton Highway, is a
part of the state highway system under the jurisdiction and control of the Oregon
Transportation Commission.
4. By the authority granted in ORS 190.110, 366.770 and 366.775, state agencies may
enter into cooperative agreements with counties, cities, and units of local
government 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.
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. For the purpose of providing an acceptable traffic system on public highways, ODOT
and Agency agree to construct missing sections of sidewalk along OR214. This
shall include but is not limited to a walkway along the south side OR214, along the
north side just west of the high school, provide a pedestrian path from the south side
up to the Front Street overpass near the Front Street intersection and install
electrical conduit for future street illumination, hereinafter referred to as "Project".
2001 aTIA Program IGA
Key No. 12310
Page 1 of 9
10/23/2003
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The location of the Project is approximately as shown on the sketch map attached
hereto, marked Exhibit "A", and by this reference made a part hereof.
2. Total estimated cost of the Project is $1,514,693. The Project Budget is shown on
the attachment, marked Exhibit "B", and by this reference made a part hereof.
3. 2001 OTIA Program funds shall be limited to $1,038,493 and ODOT Bike/Ped funds
shall be limited to $200,000. Agency shall provide $276,200, of which $105,600 is
being provided by Agency on behalf of the Woodburn School District. ODOT shall
be responsible for all additional costs in excess of these amounts noted herein.
4. This agreement shall become effective on the date all required signatures are
obtained and shall remain in effect for the purpose of ongoing maintenance
responsibilities for the useful life of the facilities constructed as part of the Project.
5. The funds available under the 2001 OTIA Program are State Highway Funds. To be
eligible for reimbursement under the 2001 OTIA Program, expenditures must comply
with the requirements of Article IX, Section 3a of the Oregon Constitution.
6. Agency and ODOT have a joint obligation to ensure timely expenditure of 2001 OTIA
Program monies and comply with the provisions of the bonds that finance the 2001
OTIA Program.
AGENCY OBLIGATIONS
1. Agency shall, upon execution of this Agreement and receipt of a letter of request
from ODOT, forward to ODOT a lump sum payment or irrevocable letter of credit in
the amount of $276,200 for Agency's contribution toward the estimated Project cost.
2. Agency shall, upon Project completion and at its own expense, be responsible for all
maintenance outside the curbs within the Project limits including but not limited to
pedestrian bridge, sidewalks, and pedestrian path. If illumination is added to the
Project, Agency shall be responsible for all ongoing maintenance and operational
costs of new illumination within the Project limits.
3. Agency, by execution of this agreement, does hereby give its consent as required
by ORS 373.030(2) and ORS 105-760 to any and all changes of grade within the
city limits, and gives its consent as required by ORS 373.050(1) to any and all
closure of streets intersecting the highway, if any, there be in connection with or
arising out of the Project covered by the Agreement. ODOT shall make every effort
through the design process to match the City grade.
4. All employers, including Agency, that employ subject workers who work under this
Agreement in the State of Oregon shall comply with ORS 656.017 and provide the
required Workers' Compensation coverage unless such employers are exempt
2001 OTIA Program IGA
Key No. 12310
Page 2 of 9
10/23/2003
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under ORS 656.126. Agency shall ensure that each of its subcontractors complies
with these requirements.
5. Agency hereby grants ODOT the right to enter onto and occupy Agency right-of-way
as necessary for the completion of the Project.
6. Agency hereby grants ODOT the right to enter onto and occupy Agency property
near the proposed pedestrian path within the SW quadrant of the Front Street
intersection as necessary for the completion of the Project.
7. Agency hereby agrees to donate necessary property and/or easements as are
needed for the project along OR214.
8. Agency shall include the pedestrian path within the SW quadrant of the Front Street
intersection within the Agency's system and be responsible for all maintenance
thereof.
9. Agency 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 Agency 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 completion of.
Copies of applicable records shall be made available upon request. Payment for
costs of copies is reimbursable by ODOT.
10.Agency 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 of ORS 279.312, 279.314, 279.316,
279.320 and 279.555, which hereby are incorporated by reference.
11.Agency certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement which
are not covered by OTIA funds and are within Agency's current appropriation or
limitation of the current budget.
12. Agency's Project Liaison for this agreement is Randall Rohman, Public Works
Program Manager, City of Woodburn, 190 Garfield Street, Woodburn OR 97071.
13. Agency represents that this Agreement is signed by personnel who have been duly
authorized to do so by the City's governing body.
2001 aUA Program IGA
Key No. 12310
Page 3 of 9
10/23/2003
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ODOT OBUGA TIONS
1. ODOT or its consultant shall conduct the necessary engineering and design work
required to produce final plans, specifications and cost estimates, obtain all right-of-
way, if any, required for Project in compliance with ORS 281.060; ORS 35.346, and
the State of Oregon Right of Way Manual; obtain all required permits; arrange for all
utility relocations or reconstruction, if any, required for Project in compliance;
perform all construction engineering, including all required materials testing and
quality documentation; prepare all bid documents; advertise and award all contracts;
provide Project management services; and other necessary functions for sole
administration of the contract.
2. ODOT's design shall include a pedestrian bridge on the southside of OR214 to span
Goose and Mill Creeks. If the inclusion of said pedestrian bridge and related
environmental issues do not negatively affect the March 25, 2004 bid let date the
pedestrian bridge will be constructed as part of the project. If it's determined by
ODOT that inclusion of said pedestrian bridge will negatively impact the above noted
bid let date then ODOT will provide the City with a design for the pedestrian bridge
but construct an alternative sidewalk placed next to the roadway with barrier at said
location.
3. ODOT shall, upon successful bid award, forward to Agency a letter of request for a
lump sum payment in the amount of $276,200 to be used for this Project.
4. ODOT shall pay for the Project by using Agency funds first, the ODOT Bike/Ped
funds second, and then 2001 OTIA Program funds.,
5. 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.
6. ODOT shall, at Project expense, design and construct this Project in conformance
with the current ODOT Standards and Specifications, including the current "Oregon
Bicycle and Pedestrian Plan".
7. ODOT shall be responsible for all maintenance; excluding Agency Obligation,
paragraph 2 and 8, within the Project limits.
8. ODOT's Project Liaison for this agreement is Anne Holder, Mid-Willamette Valley
Area Project Leader, 455 Airport Rd, Bldg B, Salem, Oregon, 97301, telephone
number (503) 986-2763.
2001 aTIA Program IGA
Key No. 12310
Page 4 of 9
10/23/2003
145
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GENERAL PROVISIONS
1. ODOT and Agency agree that a mutual review of the construction plans will be
conducted prior to advertisement for construction bid proposals.
2. This agreement may be terminated by mutual consent of both parties upon 30 days'
written notice.
ODOT may terminate this agreement effective upon delivery of written notice to
Agency, or at such later date as may be established by ODOT, under any of the
following conditions, but not limited to these conditions.
a. If Agency fails to provide services called for by this agreement within the time
specified herein or any extension thereof.
b. If Agency fails to perform any of the 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 ODOT fails to correct such
failures within 10 days or such longer period as ODOT may authorize.
c. If ODOT fails to receive funding, appropriations, limitations or other expenditure
authority at levels sufficient to pay for the work provided in the agreement.
d. If Federal or State laws, regulations or guidelines are modified or interpreted in
such a way that either the work under this agreement is prohibited or if ODOT is
prohibited from paying for such work from the planned funding source.
Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the parties prior to termination.
3. Agency acknowledges and agrees that ODOT, the Secretary of State's Office of the
State of Oregon, and their duly authorized representatives shall have access to the
books, documents, papers, and records of Agency which are directly pertinent to the
specific agreement for the purpose of making audit, examination, excerpts, and
transcripts during the course of the Project and 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.
4. This agreement and attached 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 of this 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 either party to enforce any provision of this agreement shall not constitute a
waiver by that party of that or any other provision.
2001 OTIA Program IGA
Key No. 12310
Page 5 of 9
10/23/2003
146
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IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals
as of the day and year hereinafter written.
The Oregon Transportation Commission approved this Project on January 16, 2002.
The Oregon Transportation Commission on February 13, 2002, approved Delegation
Order No.2, which authorizes the Director to approve and execute agreements for day-
to-day operations when the work is related to a project included in the Statewide
Transportation Improvement Program or a line item in the biennial budget approved by
the Commission.
On September 6, 2002, the Director of the Oregon Department of Transportation
approved Subdelegation Order No.2, in which the Director delegates authority to the
Executive Deputy Director for Highways, Executive Deputy Director for Central
Services, and the Chief of Staff to approve and execute agreements over $75,000 when
the work is related to a project included in the Statewide Transportation Improvement
Program, other system plans approved by the Commission, or in a line item in the
approved biennial budget.
2001 aTIA Program IGA
Key No. 12310
Page 6 of 9
10/23/2003
147
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STATE OF OREGON, by and through
its Department of Transportation
CITY OF WOODBURN, by and through
its City Administrator
By
By
Deputy Director for Highways
Title
Date
ODOTAPPROVALRECOMMENDED
By
Technical Services Managerl Date
Chief Engineer
Date
By
Region 2 Manager
Date
By
Area 3 Manager
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Assistant Attorney General
Date
2001 aTIA Program IGA
Key No. 12310
Page 7of9
10/23/2003
148
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2001 OTIA Program IGA
Key No. 12310
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EXHIBIT A
OR 214 Sidwalks (Woodburn)
Page 8 of 9
10/23/2003
149
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EXHIBIT B
CITY OF WOODBURN
0R214 SIDEWALKS
Budget
Funding Source
Amount
aTIA Funds $1,038,493
Bike / Ped Funds $200,000
City Funds 276,200
Estimated Project Cost
$1,514,693
2001 aTIA Program IGA
Key No. 12310
Page 9 of 9
10/23/2003
150
John Brown - IGA for Woodburn Sidewalks
Paoe 1 ~
_.._.....-,---,..:._...._'"'"'-~~..:~~
From:
To:
Date:
Subject:
<Anne.P .HOLDER@odot.state.or.us>
<John.Brown@ci.woodburn.or.us>
10/23/2003 11 :03:29 AM
IGA for Woodburn Sidewalks
John, here is the latest version. Please note a few changes that have been
made due to further internal review and discussions with you.
Page 1 & 2
Terms of Agreement
1. Modified the project description slightly.
2. Changed total project dollar amount to include additional City funds for
ped bridge of $62,000.
3. Modified wording slightly to get away from concern of 3-way agreement.
(Per meeting in your office 9/11/03.)
Page 2
Agency Obligations
1. Changed total project dollar amount to include additional City funds for
ped bridge of $62,000.
2. Added clarity to Agency maintenance requirements.
Page 3
Agency Obligations
6. Added to identify need to be on Agency property not just right of way to
construct ped path.
7. Added to identify that Agency and ODOT agree that Agency will provide
necessary property/easements for the project.
8. Added to identify that Agency will add the pedestrian path up to Front
Street as part of Agency roadway system.
Page 4 & 5
ODOT Obligations
2. Added to identify that ODOT will build ped bridge if it doesn't
negatively affect schedule and identifies that ODOT will design ped bridge
if we don't end up building it.
3. Changed total project dollar amount to include additional City funds for
ped bridge of $62,000.
7. Added reference to paragraph 8 in Agency Obligation as another area
that references maintenance.
Page 7
Removed legal counsel approval for City of Woodburn but if they are going to
review/sign I can add it back in.
151
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John Brown - IGA for Woodburn Sidewalks
m_ _~~_~E:!9~ 4! ~
Page 9
Exhibit B
Changed total project dollar amount to include additional City funds for ped
bridge of $62,000.
I think that is iLAnne
<<19664 OR 214 Sidewalks 20031023 LATEST incl ROW & costs final.doc>>
152
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October 1 7, 2003
FROM:
Mayor and City Council through City Administrator
Ben Gillespie. Rnance Directo:~
Hearing to Consider a Supplemental Appropriation and
Contingency Transfer
TO:
SUBJECT:
RECOMMENDATION:
Council direct staff to return an ordinance reflecting the Council's decision
following the hearing.
BACKGROUND:
Staff is recommending three changes to the 2003-04 budget.
The master plans for Settlemier and Legion Parks were budgeted, but not
completed in the prior year. The current year's budget is amended to allow for
the balance ($2,500) to be paid this year.
Construction of the Cipriano Ferrel Education Center is in a similar situation.
$600,000 was budgeted for the project in 2003-2004. $514,000 was expended
last year, leaving $86,000 of work to be completed this year.
Developing a plan for remodeling the Library was considered during
preparation of the 2003-2004 budget. However, the costs were uncertain, so
budgeting the project was delayed until firmer estimates were available.
Current projections indicate the job can be done for under $58,000.
FINANCIAL IMPACT:
Both the parks master plans and the Cipriano Ferrel completion can be funded
by monies carried forward from last year's unspent balances. The General CIP
Fund Contingency will be reduced by $2,500 to fund the parks plans; Federal
Grants in the Cipriano Ferrel Fund will be increased by $86,000 to provide for
completion of the project.
Agenda Item Review:
City Administrator _
City Attorney
1.
Finane
153
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Mayor and City Council
October 1 7, 2003
Page 2
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The Library project will be budgeted in the Capital CIP Fund ($58,000). Monies to
pay for it are transferred from the Library Endowment Fund. Within the Library
Endowment Fund, Contingency is reduced $58,000.
The attached schedule describes the individual accounts affected.
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CITY of WOODBURN
October BUDGET REVISION
2003-04
Description Account Expenditures Revenue
Capital-Parks 358 121 9511 5637 2,500.00
Contingency 358 901 9971 5921 (2,500.00)
Settlemier and Legion Parks Master Plans
Capital-Buildings 351 121 9531 5621 86,000.00
Federal Grants 351 000 3332 86,000.00
Cipriano Ferrel
Tran to Capital CIP Fund 690 311 9711 5811.358 58,000.00
Contingency 690 901 9971 5921 (58,000.00)
Capital-libraries 358 121 9511 5622 58,000.00
Tran from Lib Endow Fd 358 000 3971.690 58,000.00
155
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WOODBURN
INCO'f.ra,.d 1889
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October 27, 2003
TO: Honorable Mayor and City Council through City Administrator
FROM: Matt Smith, Management Analyst II
SUBJECT: Cipriano Ferrel Education Center - Second Public Hearing
RECOMMENDATION:
It is recommended that the City Council hold a public hearing to review the
results of the Cipriano Ferrel Education Center project with the citizens of
Woodburn and to take comments about the City's performance as part of the
grant closeout process.
BACKGROUND:
Formworker Housing Development Corporation (FHDC) approached City staff
with a request for assistance in developing funding sources for the proposed
Cipriano Ferrel Education Center in late summer 2001. The proposed project
involved the construction of a 9,000 square foot education center on the
grounds of the Nuevo Amanecer housing complex. The facility would function
as a shared resource for the Woodburn community, housing programs including
Head Start, adult education classes, and a computer lab. FHDC conducted a
community-based effort to raise funds for the project with a wide variety of
participants, including former Mayor Richard Jennings. To complete funding for
the project, FHDC requested that the city participate in a cooperative
application for a Community Development Block Grant (CDBG) from the State.
Funding guidelines for CDBG grants state that only non-metropolitan cities and
counties in Oregon may apply and receive CDBG grants. Non-profit
organizations like FHDC wishing to receive CDBG funding must work through
local governments to jointly submit applications and receive funding for eligible
projects.
On November 26, 2001, Council conducted a public hearing on the subject of
the education center project, and directed staff to submit, in cooperation with
FHDC, a Community Development Block Grant application for the education
Agenda Item Review: City Administrat
City Attorney
Finane
156
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Honorable Mayor and City Council
October 27, 2003
Page 2
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center project. The application was prepared primarily by Roberto Franco, the
Executive Director at FHDC, with minor assistance provided by City staff in
gathering existing documentation and preparing brief written statements. In the
application, the Mid-Willamette Valley Council of Governments (MWVCOG) was
identified as the grant administrator for the project.
The City received notice from the granting authority, the Oregon Economic and
Community Development Department (OECDD), that the grant was awarded
to the City in April 2002. City staff prepared and Council approved a resolution
entering into the grant contract with the State on June 10, 2002. To comply with
grant requirements, the City concurrently adopted a policy statement
prohibiting the use of excessive force by the Police Department. This statement
was prepared by administrative staff, and reviewed and approved by both the
City Attorney and Police Chief.
The City Administrator, with the assistance of administrative staff and the City
Attorney, negotiated a contract with the MWVCOG for grant administration
services. After having been approved as to form by the granting authority, the
agreement was approved by resolution by the Council and executed on June
24, 2003. The agreement assigned grant administration responsibilities to the
COG in return for a sum of $15,000.
In the ensuing months, City staff worked to gather a wide variety of existing
documentation, which in some cases required extensive research, and to
prepare additional information required by the State, including the preparation
of a lengthy Section 504 ADA Compliance form.
Staff was informed by the COG representative in early August 2002 that the
grant guidelines require the City to secure the property where construction will
occur. Furthermore, he indicated that the bid process must be conducted
according to City standards, and that the construction contract was required to
be between the City and the contractor.
With the assistance of the COG and the State representative, the City Attorney
and administrative staff researched instruments used to secure property, and
after much deliberation, the City Attorney recommended the use of a trust
deed. In his research, the City Attorney discovered that all available examples
were legally insufficient for the City's very specific needs in this instance, and he
was forced into the lengthy process of developing the trust deed largely from
scratch. Once the deed was complete, the City Attorney entered into complex
and lengthy negotiations with the attorney representing FHDC to ensure that the
157
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Honorable Mayor and City Council
October 27, 2003
Page 3
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interests of both parties were adequately protected. The negotiations were
complex by necessity due to the unique nature of the circumstances, and due
to difficulties inherent in transfers of real property. Negotiations were completed
in early November 2002, and the Council accepted the conveyance of the trust
deed to secure the education center property on November 12, 2002.
As the preparation of the trust deed moved forward in August, Public Works
staff, administrative staff, the City Administrator, the project architect, and
representatives from the COG, FHDC, and the State all met periodically to work
on the details of the construction bid and contract. In the meetings, it was
consensually agreed that clarification was needed regarding the lines of
authority and responsibility between the City, FHDC, the architect that FHDC
had employed for the project, and the contractor.
This led to a second assignment for the City Attorney, who was tasked with
preparing an agreement between the City and FHDC that established
administrative, financial, and legal responsibilities for both parties. This task
again required the City Attorney to create an agreement largely from scratch
due to the unique circumstances. He completed the agreement in early
October, and the Council authorized the Mayor to execute the agreement at
the meeting of October 14, 2002.
Work on the bid specifications and the construction contract continued in
parallel to the work of the City Attorney, and required a significant time
commitment from the City Engineer and other Public Works staff to ensure that
the project was bid according to City standards. When the bids were received,
it was discovered that they were all over the project budget. Following a round
of value engineering conducted by the project architect and Public Works staff,
Centrex Construction was awarded the contract by Council at the meeting of
November 25, 2003 for $991 ,315.
The project moved forward quickly from that point. Site preparation began
shortly after the bid was let, and the foundation was poured shortly thereafter.
Grant guidelines required that the drawdown requests be directed through an
extended list of recipients: from the contractor to the project architect, who
certified that the work identified on the invoice was in fact complete; then to
FHDC, to review and sign the invoice; then to the COG, who prepared the
State's drawdown request forms; then to the City, who had to complete the five
sets of forms with signatures from the City Administrator and the Finance
Director; then to the State, for processing in the regional office, financial
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Honorable Mayor and City Council
October 27, 2003
Page 4
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processing in their finance department, and deposit in the City's pool account;
and then the City would cut the check and send in payment to the contractor.
Each month the paperwork trail was tracked by administrative staff and
processed as quickly as possible. This process was duplicated every month from
December 2002 to August 2003, including the processing of project closeout
and retainage payments.
The State representative closely monitored progress on the project, and
conducted a monitoring interview with administrative staff and the COG
representative in June 2003. At the interview, additional existing documentation
was requested of the City, which administrative staff produced after completing
minor research.
Construction wound down in June and July of 2002, with few punch list items
remaining to be completed. The project required six relatively minor change
orders, all of which were funded by the local match provided by FHDC, resulting
in a facility that more closely matched the purpose intended for the facility.
The Cipriano Ferrel Education Center received a Certificate of Occupancy on
August 5, 2003, and the Certificate of Substantial Completion was signed by the
necessary parties shortly thereafter. Opening ceremonies for the facility were
held on October 12, 2003, and were attended by Mayor Figley, City
Administrator Brown, Governor Ted Kulongoski, Senator Peter Courtney, and a
variety of other local and regional officials.
Two Head Start classes will start at the facility on November 10, 2003, adult
education classes will begin shortly, and the computer lab is currently in
development.
The final draw down requests for project retain age have been submitted to the
State, and are expected to be funded shortly. Remaining tasks involve the
completion of the public hearing before you this evening, and a grant closeout
report to be prepared primarily by the COG, with assistance from City staff.
The City will retain the trust deed over the property for a full five years, as
required by the State, to ensure that the facility is used for its intended purpose.
The City has full confidence in the staff at FHDC that they will do so, and intends
to reconvey the property back to FHDC at the end of the five year term.
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Honorable Mayor and City Council
October 27, 2003
Page 5
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DISCUSSION:
The original intent of the City was to function as a pass-through for State funding,
and to allow grant administration to be handled by the COG, and project
administration by FHDC. As the project progressed, we learned that the Citys
required role was considerably more time-intensive. Our efforts soon expanded
to include substantial contributions from the City Attorney, City Administrator, the
Assistant City Engineer, the Public Works Director, and a number of other City
employees. These contributions were necessary to meet the City's obligations as
defined in the grant contract.
The City was very fortunate in the partnerships we had on this project. Roberto
Franco and FHDC made every effort to ensure that the project proceeded
smoothly; Jerry Overgaard, Ray Teasley, and Renata Chmielowski at the COG
were very efficient in preparing project documentation; Martha Andrews, the
project architect, paid exceptionally close attention to project details and kept
things on track; Centrex Construction was responsive to direction from the
principals, and constructed a quality facility; and Karen Homolac from OECDD
responded quickly and clearly to our questions, and efficiently processed the
documentation we provided.
If anyone of these partners had not performed so far above expectations, the
City's already substantial contribution of staff time to the project would have
expanded exponentially.
FINANCIAL IMPACT:
The Community Development Block Grant allows a maximum of $15,000 for
administrative costs. That amount is far less than is necessary to administer a
project as complicated as this one proved to be. As indicated, large amounts
of the Management Analysfs time and the City Attorney's, the Assistant City
Enginee(s and the City Administrato(s time also became necessary during the
course of this project. Those costs have not been accounted for in this report,
but an estimate can be developed (with some difficulty) if your Council
determines that an examination of those costs is necessary.
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October 27, 2003
FROM:
Mayor and City Council through City Administrator
Jim Mulder. Director ot Community Development ~
Planning Commission's Approval of Design Review 03-18.
TO:
SUBJECT:
RECOMMENDATION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review if it desires.
BACKGROUND:
On October 23, 2003 the Planning Commission adopted a final order approving
a proposal to construct a 30,000 square foot warehouse facility, which includes
2,478 square feet of support offices, in the Industrial Park (IP) zoning district. The
subject property is 4.08 acres in size and is a flag lot located off a 30-foot wide
access easement that extends southwest of the National Way cui de sac. The
property is currently vacant with no improvements or vegetation other than
grass and some trees along the westerly portion of the parcel. The proposed
warehouse facility is to be used for the wholesale distribution of plumbing and
electrical goods.
Applicant/Property Owner:
Dave Carter & Associates
20171 SW 95th Place
Tualatin, OR 97062
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
Agenda Item Review:
/
City Administrat~ City Attorney <<flL~
Financ&
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October 27,2003
TO: Mayor and City Council through City Administrator
/'1
FROM: Jim Mulder, Director of Community Development (f1/J
,
SUBJECT: Planning Commission's Approval of Conditional ~e 03-06 and Design
Review 03-13
RECOMMENDATION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review if it desires.
BACKGROUND:
On October 23, 2003 the Planning Commission adopted a final order approving
the applicant's request for conditional use and design review approval to place
a 65 square foot propane tank on the 76 gas station portion of the subject site
located at 2221 North Pacific Highway (99E).
The subject property can be further identified on Marion County Assessor Maps
as Township 5 South, Range 1 West, Section 8A, Tax Lot 1700. The size of the
property is 2.27 acres. The property is flat, has no wetlands and is not located in
the 500 year floodplain.
The subject property is zoned Commercial General (CG) and designated as
Commercial on the Woodburn Comprehensive Plan Map. Structures and uses
on the site include the 76 gas station, the Woodburn Community Market and
storage buildings. The properties to the north, south and east (across Highway
99E) are all zoned Commercial General and designated Commercial on the
Woodburn Comprehensive Plan Map. The property to the west/northwest
(across National Way) is zoned Industrial Park and is designated Industrial on the
Woodburn Comprehensive Plan Map. The adjacent use to the north is a
Goodwill Store and to the south is a tractor sales business. The property to the
west (across National Way) is the location of a water treatment facility (currently
under construction) and vacant land. The property to the east (across Highway
99E) is the location of a manufactured home sales lot.
Agenda Item Review: City Administrat
City Attorney
Finane
162
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Mayor and City Council
October 27, 2003
Page 2
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In July, 2001 the Woodburn Community Development Director approved a lot
line adjustment on the subject property (Lot Line Adjustment Case File No. 01-
03). On August 26,2003, the Woodburn Community Development Director
approved the conversion of a portion of the "Woodburn Community Market" on
the subject site to a rental/dance hall (Design Review Case File No. 03-07).
The applicant is McMinnville Gas Co., Inc. and the property owner is Karich LLC.
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
163
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OREGON CHILDREN'S FOUNDATION
SMART PROGRAM 2003-04
SMA R T..
Start Malcing A Reader Today
WHEN A CHILD LEARNS TO READ, HE LEARNS TO LIVE
Studies show that illiteracy is a reliable predictor of delinquency. Of course,
this is just a statistician's way of saying that kids who can't read, or can't read
well, quickly find themselves pushed to the fringes of our society. And if you
look behind the statistics, you can begin to understand what this means in
human terms.
Just think about what being able to read and write has meant to you. The
ability to pick up a novel and lose yourself in it. The ability to write a note to
a friend or a letter to the editor. In fact, there is nothing more uniquely
human than the ability to read and write.
Children who can't read grow into adults who can neither express
themselves fully nor fully realize their potential.
This was the simple revelation that led to the SMART program: teach a
child to read and you could avert a tragedy. So Neil Goldschmidt, working
with the Ater Wynne, LLP law firm, started the Oregon Children's
Foundation in 1991. By January 1992, the Foundation launched the
SMART (Start Making A Reader Today) book and reading program in
eight Oregon schools.
The mission of the Oregon Children's Foundation is to enhance the reading
skills, attitudes, and life prospects of children who need assistance, and to
enable adult volunteers and communities to experience the rewards of
enriching young lives. The SMART program is the Foundation's sole focus.
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