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Agenda - 01/27/1997AGENDA WOODBIIRN ~ COttNClL JANHAKY ~7, :~,-9~'- 7:00 P.M. 270 Montgomery Street * * Woodburn, Oregon A. Council minutes of 1anuary 13, 1997 regular and executive meetings. B. Planning Commission minutes of 1anuary 9, 1997. C. Recreation and Park Board minutes of 1anuary 7, 1997. ANNOUNCEMENTS: A. Council workshop - Water Master Plan, Febnu~-y 3, 1997, 7:00 p.m. B. Special Council executive session concemin§ ba~§ainin§ issues: Febn~ry 10, 1997, 6:00 p.m. PROCLAMATIONS C. Catholic Schools Week- 1anua~y 27 - 31, 1997. s. A. Chamber of Commerce B. Other Committees ~~'public t"~'~'~'~t'~"~ce~'~ems for Council consideration not already scheduled on the agenda.) 8. A. Community Development Block Grant - Housing Rehabilitation Program B. City of Woodburn Access Management Program. 3A 3c 4C 8A Page I - Council Agenda, January 27, 1997 10. 11. 12. 13. 14. 15. 16. A. Council Bill No. 1758 (Ordinance increasing local gas tax. B. Council Bill No. 1770 (Resolution establishing compensation schedules for hourly and seasonal employees) A. Council Bill No. 1772 - Ordinance asserting jurisdiction over the public rights-of-way within the city, exercising public authority over said rights- of-way and requiring permission to use rights-of-way. B. Council Bill No. 1773 - Resolution of intent to improve Parr Rd. 100 feet west of Setflemier to the west boundary of the School Dist. property, adopt the local improvement district and establish a public heating date. C. Council Bill No. 1774 - Resolution of intent to improve the alley between Harrison St. and W. Hayes St, adopt the local improvement district and establish a public heating date. D. 1997 liquor license renewal recommendations. E. Acceptance of utility easement located on Zara Romans property on Warren Way. A. Future Grant Awards for Transit Programs. 9.~B 10A 10B lOC IOD IOE 17. 18. 19. ~~'~ To conduct deliberations with persons designated by the governing to negoliate real property transactions. ORS 192.660(1)(e) 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. ORS 192.660(1)(h) Page 2 - Council Agenda, January 27, 1997 COUNCIL MEETING MINUTES January 13, 1997 3A TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 13, 1997. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Absent Councilor Sifuentez Present 0021 0030 0049 0055 Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park & Recreation Director Holly, Police Chief Wright, Finance Director Gillespie, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant Councilor Jennings stated that Councilor Pugh is not in attendance at this meeting to due illness. MINUTES. JENNINGS/FIGLEY .... approve the Council minutes of December 9, 1996 (regular and executive session), and the workshop minutes of December 10 and 16, 1996; accept the Planning Commi~ion minutes of December 12, 1996 and the Library Board minutes of December 18, 1996. The motion passed unanimously. City Administrator Childs requested that he be allowed to read a letter recently received by staff under agenda item 6(A). ANNOUNCEMENTS. A) A Council workshop will be held with the Library and Park & Recreation Board on Tuesday, January 21, 1997, 7:00 p.m., City Hall Council Chambers, to discuss Measure 47 priorities. Mayor Kirksey stated that this workshop had been scheduled for January 20th, however, the date was changed due to the observance of the Martin Luther King holiday and the Inauguration Day ceremonies. Page 1 - Council Meeting Minutes, January 13, 1997 TAPE READING 0077 0241 0277 COUNCIl. MEETING MINUTES January 13, 1997 B) On January 27, 1997, 7:00 p.m-, the following public hearings will be held before the City Council: 1) Access Management Ordinaace; and 2) Community Development Block Grant PRESENTATIONS - CHRISTMAS LIGHTING CONTEST WINNERS. On behalf of the Woodburn Kiwanis Club and the Chamber of Commerce, Meghan Stone, Cindy Wurdinger-Kelly, Jane Kanz, and Paul Null presented plaques to the winners of the annual outdoor Christmas Lighting and Decoration contest. Awards were presented to the following: Resident Light and Display: First Place: Randy Conover; Second Place: Jennifer & Jonathan Davis; Third Place: Julius Moore Resident Lights Only - First Place: Leonard Van Valkenberg; Second Place (tie): Derek Lisby, and Eric & Niki Henry Neighborhood Display -- First Place: Alexandra Court Business Display -- First Place: Glatt House Gallery Apartment Complex - First Place (fie): Stonehedge Apartments and Britewood Apartments; Second Place: Nuevo Amanceer Ms. Stone expressed her appreciation to those who entered this year's contest and encouraged all residents who do decorate their homes and/or businesses to enter the 1997 lighting and display contest. CHAMBER OF COMMERCE REPORT. Cindy Wurdinger-Kelly, representing the Chamber of Commerce, reminded the public that the annual Chamber Banquet will be held on Tuesday, January 14th, 6:00 p.m., United Methodist Church, at which time new officers will be installed. At this Banquet, the Business of the Year Award and the Chairman of the Year Award will be announced.' She also reminded the Council that the Chamber Forum will be held on January 15th, Yun Wah's, 12:00 noon, with the "State of the City" address presented by Mayor Kirksey and Administrator Childs. COMMUNITY C~NTER AX)XaSORV CENTER COMMITTEE m~eORT. Darrell Mendenhall, representing the Community Center Committee, summarized the Committee's report that had been given to the Council in December 1996. He stated that the Committee did not address the issues of site selection or funding within this report. They did formulate recommendations on the su'ucture and component needs of the Center. An architect was involved in preparing the basic structural requirements and component needs based on information obtained from various field trips and comments from community members. If a community center did not include a performing arts center, the estimated size of the facility would be 40,360 square feet with an estimated cost of $4,782,000 without land acquisition costs. If a community center were to 3A Page 2 - Council Meeting Minutes, January 13, 1997 TAPE READING 0473 0563 COUNCIL MEETING MINUTES January 13, 1997 include a performing arts center, it would require approximately 57,878 square feet and would cost approximately $7,161,000 without land acquisition costs. Extra copies of the report are available at the Park & Recreation office. He also stated that the Committee now feels that their work as an active Committee is completed unless they receive further direction from the Council and Mayor that their work should continue. On behalf of the Community Center Committee, he extended their appreciation for the opportunity to serve the City in this capacity. Mayor Kirksey thanked the Committee members for serving on this committee and the Council now needs to discuss what dkection, if any, should be pursued by the Council. JENNINGS/SIFUENTEZ .... accept the report from the Community Center Advisory Committee as an official document. The motion passed unanimously. The Councilors also expressed their appreciation to the Committee members for their work on this project and a job well-done. LETTER RE: CONTINUATION OF CERTAIN CITY SERVICES. Administrator Childs read a letter submitted by Ralph Wolf and signed by 52 other individuals in response to a recent Woodburn Independent newspaper article on potential reductions within the City budget as a result of Ballot Measure 47. In summary, the concerned citizens suggested that no cuts be made in the Police Department, (2) no reductions be made in the Dial-a-Ride program, (3) the Adult and Senior programs continue to be included in the budget since those activities seem to be self-supporting, and (4) Youth programs not be reduced as part of the overall cutbacks. PUBLIC HEARING - PARATRANSIT PLAN. Mayor Kirksey declared the public hearing open at 7:23 p.m.. Public Works Manager Rohman stated that the City is required to comply with Federal Transportation Arran. (FTA) rules as it applies to our transit operations. In 1990, the Americans with Disabilities Act (ADA) was adopted which require a fL, ted-route transit operation to provide transit services to disabled riders comparable to those offered to other riders. The fLxed-route service operates 5 days a week, whereas, effective July 1, 1996, the para-mit service increased their operation from 3 to 4 days a week. The para-transit service utilizes a van to provide a portion of the service to the elderly and disabled plus it also uses volunteer drivers to transport passengers to areas outside of the City for medical appointments. He reviewed statistical reports on the ridership of the transit bus and para-transit van over the last several years. The FTA rules provide six service criteria to determine comparability to the fixed-route system. Of the six service criteria, the City does not comply with 2 of the service criteria, namely, response time and hours and days of service. Even though van ridership is increasing, it is still not used to its capacity and lack of financial resources prohibits the addition of another day for a 5 day a week service. In the past the City has submitted a letter to the FTA requesting an undue f'mancial waiver requesting a new compliance date of July 1, 1998 since we have not been able to provide the comparable service. The current compliance 3A Page 3 - Council Meeting Minutes, January 13, 1997 TAPE READING 0950 COUNCIL MEETING MINUTES January 13, 1997 date is January 26, 1997. A representative from the FTA Region X office has informed staff that it may be June or July before a formal response is sent to the City. Following this hearing, public comments along with Ballot Measure 47 comments, will be submitted to the FTA as a supplement to support the City's request for an undue financial waiver. No one in the audience commented on the City's Para-transit Plan. Mayor Kirksey declared the public hearing closed at 7:34 p.m.. PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANTS FOR 3A .1132 1997. Mayor Kirksey declared the public hearing open at 7:35 p.m.. Community Development Director Goeckritz reviewed the State's Community Development Block Grant program which provides up to $16 million for construction projects and/or technical assistance. It was noted that applications for grant funds under this particular program are taken the first part of March 1997 whereas applications for Public Works projects are taken all year. The purpose of this hearing is to receive community input on what projects should be considered by the Council. Another public hearing will be held on January 27th at which time staff will prepare a draft proposal for Council review and public comment. In the past the City has secured grant funds for rehabilitating the City's housing stock and staff is looking at this type of project for additional grant funds. Loans are made to low/moderate income homeowners that are eventually repaid when the homes are sold creating a revolving loan program for future rehabilitation of other homes within our community. Councilor Figley, member of the Loan Review Committee, stated that the existing program has been such a success that continuing this program will only benefit our community. The most recent Housing Rehabilitation grant awarded to the City has provided 36 homeowners with the financial ability to make improvements and there is still a demand for more funds to be made available through this program. No one in the audience commented on potential use of Community Development Block Grant funds for 1997. Mayor Kirksey closed the hearing at 7:40 p.m.. COUNCIL BILL 1767 - RESOLUTION GIVING CITY COUNTY INSURANCE SERVICES TRUST NOTICE OF POTENTIAL WITHDRAWAL FROM MEMBERSHIP IN THE SELF-INSURANCE POOL. Council Bill 1767 was introduced by Councilor Hagenfiuer. Recorder Tennant read the bill by title only since there were no objections from the Council. Administrator Childs reminded the Council that Trust by-laws require formal notification and, once given, it allows the City to look at all insurance coverage options for 1997-98. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1767 duly passed. Page 4 - Council Meeting Minutes, January 13, 1997 COUNCIL MEETING MINUTES January 13, 1997 TAPE READING 1176 COUNCIL BILL 1768 - RESOLUTION AUTHORIZING INTERGOVERNMENTAL AGREEMENT WITH STATE ADMINISTRATIVE 3A 1200 1222 SERVICES DEPARTMENT FOR THE DISPOSAL OF SURPLUS PROPERTY. Councilor Hagenauer introduced Council Bill 1768. The bill was read by title only since there were no objections from the Council. On roll call vote for f'mal passage, the bill received unanimous approval. Mayor Kirksey declared Council Bill 1768 duly passed. COUNCIL BILL 1769 - RF_~OLUTION AUTHORIZING AN I1VrERGOVERNMENTAL AGREEMENT ~ THE STATE TRANSPORTATION DEPARTMENT FOR A TRAFFIC SAFETY GRANT. Council Bill 1769 was introduced by Councilor Hagenauer. Recorder Termant read the bill by rifle only since there were no objections from the Council. On roll call vote for f'mal passage, Council Bill 1769 passed unanimously. The Mayor declared the bill duly passed. COUNCIL BILL 1770 - RESOLUTION RE-ESTABLISHING COMPENSATION SCHEDULES FOR HOURLY AND SEASONAL EMPLOYES. 1414 Council Bill 1770 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Jennings stated that he was aware of the State minimum wage increase from $4.75 to $5.50 per hour effective January 1, 1997, however, he questioned the need to adjust the overall schedules that currently exceed the minimum pay requirement. A brief discussion was held regarding the proposed schedules that would continue to provide some wage differentials between positions without increasing all of the established rates. The Councilors requested that copies of the current schedules be provided so that they will have an Opportunity to compare the proposed changes to the current schedules. FIGLEY/SIFUENTEZ .... Council Bill 1770 be tabled until the next regular meeting. The motion passed unanimously. COUNCIL BILL 1771 - RESOLUTION ENTERING INTO AN AGREEMENT WITH DON GANER TO COMPLETE A RECREATION AND PARKS 1440 COMPREHENSIVE PLAN. Council Bill 1771 was introduced by Councilor Hagenauer. 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 Kirksey declared Council Bill 1771 duly passed. AUTHORIZATION TO PURCHASE FLOW METERS. Staff recommended that authorization be given to purchase 3 flowmeters and support accessories from ORI Instnlmentation in the amount of $12,502.50 off of Clackamas County's bid award. Clackamas County and ORI Instrumentation have both agreed to Page 5 - Council Meeting Minutes, January 13, 1997 TAPE READING 1477 1500 COUNCIL MEETING MINUTES January 13, 1997 allow the City to purchase the flowmeters and support accessories at the same bid price which is less than the amount quoted by a vendor during the budget process. Councilor Jennings questioned if it was legal to "piggyback~ onto another agency's bid proposal without going through a Request for Proposal (RFP). Public Works Manager Rohman stated that State law does allow for this type of action provided that both the agency and vendor agree. IENNINGS/FIGLEY .... authorize the purchase of 3 flowmeters and support accessories from ORI Instrumentation in the amount of $12,502.50. The motion passed unanimously. LIQUOR LICENSE TRANSFER -- CROSSROADS GROCERY AND DELI. A package store liquor license application was submitted by Sang Park who has recently purchased Crossroads Grocery and Deli located at 303 N. Pacific Highway. The Police Chief recommended the transfer of the liquor license request. JENNINGS/FIGI J~.Y... recommendation of the Police Chief be accepted and recommend to OLCC the granting of the package store license. The motion passed unanimously. Councilor Jennings stated that he appreciated the Police Department's extensive staff report on liquor license applications. EMERGENCY CONTRACT REPAIR OF PUMP AT MILL CREEK LIF~ 3A 1522 STATION. Staff informed the Council that, during the heavy rains over the holidays, a pump was damaged at the Mill Creek Lift Station resulting in an emergency contract with Beckwith/Coufle to repair the pump. JENNINGS/FIGLEY .... approve the emergency contract for $10,100.00 to Beckwith/Coufle for the repair of the damaged pump at the Mill Creek Lift station. The motion passed unanimously. CONTRACT AMENDMENT -- PURCHASE OF SPARE PUMP FOR MILL CREEK LIFT STATION. Staff recommended that a spare pump be purchased for the Mill Creek Pump station since these pumps are only built on demand and delivery takes several weeks. In the event another major breakdown does occur, the spare pump would be immediately available to provide the other two pumps some relief in trying to pump the sewage to plant. Councilor lennings questioned if it was legal to add to this contract without going out for a Request for Proposal (RFP) and staff informed him that it is legal to amend an existing contract which is akeady for electrical control and instrumentation upgrades. IENNINGS/FIGLEY... amend the current City contract with Cherry City Electric for the Mill Creek Lift station upgrade by adding the purchase of a spare pump in the amount of $23,000.00. The motion passed unanimously. Page 6 - Council Meeting Minutes, January 13, 1997 TAPE READING 1549 1560 1704 COUNCIL MEETING MINUTES January 13, 1997 CLAIMS FOR THE MONTH OF DECEMBER 1996. SIFUENTEZ/FIGLEY... approve voucher checks//34844 - 35195 issued during the · month of December 1996. The motion passed unanimously. STAFF REPORTS. A) 1996 Year-In-Review and Administrator's Goals for 1996/1997 -- The agenda packet included a report from Administrator Childs summarizing (1) a review of 1996 issues, (2) his goals for 1996 and the outcome these goals, and (3) his goals for 1997. He reminded the Council that policy goals set in March 1995 need to be re-evaluated and he will probably be suggesting a facilitated review in June or July. (B) Community Survey Results - Attitudes Toward Growth -- As part of our review process to update our Comprehensive Land Use Plan, surveys were sent to random addresses within the City. Of the 2,100 questionnaires mailed out, only 664 (32%) were returned. Results of the survey, along with staff conclusions on each question, were provided to the Council for their review. (C) Pudding River Basin Association -- Unless concerns are voiced by the Council, staff will be contributing an additional $2,240 to this non-profit association which is working toward the construction of a dam and reservoir on Butte Creek upstream from Scotts Mills which will ultimately increase stream flows in the Pudding River thereby allowing the City to discharge more effluent during the summer months. (D) Comprehensive Plan Projects and Short Range Planning Projects --- Community Development Director Goeckritz provided the Council with a list of projects that the Planning Commission and his staff will be working on over the next several months. (E) Building Activity Report --- It was noted that building activity for the first six months of the fiscal year has already doubled the value amounts of building permits issued in each of the last two fiscal years. CITY ADMINISTRATOR'S REPORT. In response to the letter read under agenda item 6(A), Administrator Childs stated that the letter was written in response to a Woodburn Independent article. In his opinion, the news article took the workshop discussion out of context and no specifics have been identified as to where reductions will be made. He assured the Council that cuts will have to be made in order to balance the budget, however, it is unknown as to what extent those cuts will be or the amounts each department will suffer from the reduction in property tax collections. 3A 1776 MAYOR AND COUNCIL REPORTS. Councilor Figley stated that a recent swim meet at the Aquatic Center created a parking problem around the Center, whereas, the parking lot on the south side of Settlemier Park adjacent to Settlemier Ave. had only ! car and a bus parked in the lot. She suggested Page 7 - Council Meeting Minutes, January 13, 1997 TAPE READING 1849 2OOO 2019 2034 COUNCIL MEETING MINUTES January 13, 1997 that staff take necessary measures to complete the asphalt walkway between that parking lot and the Aquatic Center in addition to posting applicable signage to direct people to (1) the overflow parking area and (2) to the pool. Councilor Jennings reminded the public of the January 21st meeting which will be the first opportunity for the public to express their views on budgetary programs in view of the reductions that will need to be made as a result of Ballot Measure 47. Councilor Sifuentez encouraged Northland and the Woodburn Indpendent to publicize the January 21st meeting since citizen participation is necessary to determine program priorities. Councilor Chadwick reiterated comments made by Councilors Jennings and Sifuentez regarding the January 21st workshop. In her opinion, public participation is essential at the early stages of budget discussions rather waiting until after the fact to voice their concerns. Mayor Kirksey stated that approximately $700,000 needs to be cut from the budget and citizens need to help the Council to decide where the cuts will be made in order to obtain a balanced budget. EXECUTIVE SESSION. JENNINGS/FIGLEY .... consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be fried under the authority of ORS 192.660(1)(h). The motion passed unanimously. The meeting adjourned to executive session at 8:06 p.m. and reconvened at 8:35 p.m.. JENNINGS/FIGLEY... City Attorney be instructed to reactivate the lawsuit concerning the Salud Medical Center building and do what is necessary to get it on the court docket. The motion passed unanimously. ADJOURNMENT. JENNINGS/FIGLEY .... meeting be adjourned. The meeting adjourned at 8:36 p.m.. The motion passed unanimously. 3A APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, January 13, 1997 Executive Session COUNCIL MEETING MINUTES January 13, 1997 3A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 13, 1997. CONVENED. The Council met in executive session at 8:10 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Presem Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Absent Councilor Sifuentez Presem Mayor Kirksey reminded the Councilors, staff, and press that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Childs, City Attorney Shields, City Recorder Tennam Press: Patrick Johnson, Woodburn Independem; Meghan Stone, Northland Cable TV The executive session was called under the authority of ORS 192.660(1)(h) to consult with legal counsel concerning the legal fights and duties of a public body with regard to current litigation or litigation likely to be filed. ADJOURNMENT. The executive session adjourned at 8:33 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - Executive Session, Council Meeting Minutes, January 13, 1997 MINUTES WOODBURN PLANNING COMMISSION JANUARY 9, 1997 3B 1) 2) 3) 4) s) ROLL CALL: Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mr. Atkinson Present Mrs. Warzynski Present Mrs. Henkes Absent Mrs. Schultz Present Mr. Will Present Mr. Lawson Present- Mr. Frawley Present Mr. Palmer Present Mr. Torres Present Staff Present: Steve Goeckritz, Community Development Director Naomi Tejeda, Assistant Planner Teresa Engeldinger, City Planner Jo Ann Bjelland, Secretary MINUTES: Commissioner Schultz moved to approve the minutes of December 12, 1996, as written. Commissioner Will seconded the motion. A vote was taken and the minutes of December 12, 1996 were accepted as written. INTRODUCTION OF ALBERTO TORRES: Staff introduced Commissioner Torres. Staff and Planning Commissioners welcomed Commissioner Torres. ELECTION OF OFFICERS: Commissioner Schultz nominated Vice-Chairperson Atldnson for Chairperson. Commissioner Palmer seconded the nomination. A vote was taken and Vice-Chairperson Atkinson was elected the Chairperson. Commissioner Frawley nominated Commissioner Will for Vice-Chairperson. Commissioner Schultz seconded the nomination. A vote was taken and Commissioner Will was elected Vice-Chairperson. BUSINESS FROM THE AUDIENCE: Page 1 None 3B 6) COMMUNICATIONS None 7) PUBLIC HEARINGS Interpretation of Non-Conforming Use/Structure at 276 East Lincoln Staff brought this non-conforming use before the Planning Commission for their interpretation on the 276 East Lincoln property. The applicant came in to secure a building permit, at that time it was the understanding of the building official that this was a duplex unit. The applicant was interested in repairing the facility. The applicant began teadng down the back of the structure, sometime in September, in preparation for the renovation. It was during this process that Mr. Steve Smith, an adjoining property owner, contacted staffwith a concem regarding the non-conforming status 'and contested the building permit based on the fact that he believed that this was a single-family structure. The staff has provided the Planning Commission with the information necessary to make a determination as to whether this is a non-conforming duplex with grand- fathered rights. The applicant secured a single-family building permit as an altemative pending the decision of the non-conforming grandfathered duplex. This will enable Mr. Doman to still proceed with construction based on the fact that the single-family use is a permitted outright use on this property, without any conditional use process or hearing required. There is no law that limits the number of bedrooms, or bathrooms in a single-family residence. If the Planning Commission makes the determination that this is a non-conforming duplex with grandfathered dghts, Mr. Doman will come in and secure a permit for a duplex. If the planning comrnission does not rule in Mr. Doman's favor, he does have the opportunity to appeal the decision to the City Council. Staff would like to acknowledge the letter from Mr. David Higginbetham, which stated his father had owned this property, and he does not recollect it being a duplex during the fifties, sixties and possibly the eady seventies. Staff would also call attention to Attachment No. 7, which is a letter written by Mr. Steve Smith, which states his difficulties with this structure in 1978. He was meeting with Mr. Pope (City Administrator) in regards to issues associated to this site. The staff was not here in 1978, so they are not aware of these meetings. In 1988 and 1989 the Building Code Enforcement Officer did site the previous Page 2 owner for violations of overcrowding; these citations were resolved in court. 3B There is also a letter from the Code Enforcement Officer that discusses the overcrowding violations. The property was sold to Mr. Doman in 1991. Properties that were built in the 1920's are assumed by staff and the building official to be grandfathered, as these houses were not inspected by staff or building officials. Commissioner Will asked for clarification of conflict of interest. He does business with Mr. Doman's brother, and wanted to know if this constituted a conflict of interest. Staff stated that conflict of interest results from monetary gain. Commissioner Will determined there was no conflict of interest. Commissioner Palmer would like to declare he had an exparte contact, he drove by the site and discussed this with his wife, who lived across the street from this property from 1952 to 1967. Commissioner Frawley and Chairperson Atkinson also had driven bY the property. Mr. Doman testified that he purchased the property in 1991. It was purchased as a duplex through Coldwell Banker Real Estate. He stated there was a condemnation of the property, overcrowding violations and the property was in disrepair. After discussing the situation with Mr. Bob Arzioan, it was Mr. Doman's opinion that this property was a duplex and future use as a duplex would not be a problem. This was not put into writing. Mr. Doman would like to renovate this as a nice duplex versus a run-down property. Commissioner Schultz a~ked if the property was always occupied from the time of 1991 to 1996. Mr. Doman stated yes, it had been a duplex and was occupied from 1991 to 1996. Mrs. Beck stated that she is representing Mr. Doman. Tax records indicated the property was built in approximately 1916. It was owned by various individuals, including the father of Mr. David Higginbotham. She did obtain a copy of the deed, which indicates the property was sold by Mr. Higginbotham in 1969. There were two other.mmem pdor to the time it was sold to Mr. Doman. Possibly during that time it was converted to a duplex, there is no way to actually know when this was done. She stated she is sure that it has probably been a good twenty years that it has been used as a duplex. She stated that at the time of sale it was condemned and Mr. Doman was interested in purchasing it as a rental property only if it could be maintained as a duplex property. Mr. Doman sought assurances of that fact. Testimony from the realtors will be given to support that they had Page 3 personally checked that fact out. 3 B Mr. Doman purchased the property and made the necessary repairs to rent it. They continually rented it as a duplex from 1991 until they recently started tearing it down to renovate it in 1996. Mr. Doman went to the city and got a permit to renovate it as a duplex. He borrowed money, hired a crew and began his renovation. Mr. Doman thought the neighborhood would be delighted to have a nice, attractive duplex, and was shocked at the opposition. Mr. Doman's plan, if it is allowed to remain as a duplex, is to make it really nice. It will not be a Iow rent unit. The opposition's letter has two main reasons for not wanting a duplex next door. One is that the lot is nan'ow and the second is that a duplex would generate additional traffic and congestion on Lincoln Street. First in response to the lot shape, the lot size will not change. This property is a long narrow lot which is very deep. This depth gives a lot of room behind for parking. Secondly, the number of cars is not controlled by the number of units, i.e., families with teenagers may have four or more cars in the driveway. If it is remodeled as a duplex, part of the requirements would be a paved driveway with a paved parking area. Mr. Doman has planned to construct a carport behind for four cars, which will allow for off street parking. Mrs. Beck, therefore, does not know what the real reason for not wanting a duplex next door. She can only suppose that it might be due to problems with past renters. She really believes that with a nice upscale attractive unit this problem will be solved. The legal argument in this matter is that Mr. Doman is in a contractual situation with the City of Woodbum. He paid his fees, obtained a permit to renovate as a duplex, he borrowed money and hired a crew. When the permit was withdrawn, pending a review, Mr. Doman needed to keep the crew and project going. Therefore, he obtained a permit to renovate a single-family residence. In the event the original permit is not reinstated for renovation as a dupleR Mr. Doman will eventually be further damaged by reason of not obtaining a retum on the investment that he had anticipated when he purchased a duplex. Mrs. Beck believed Mr. Smith's letter states he moved in 1978, at which time this property was a duplex. She believes the law states it is the buyer's responsibility to research the surrounding properties prior to purchasing land. It is simply not fair to Mr. Doman. He purchased this property as a duplex based on assurances given by those in charge. He should be allowed to retain what he purchased. The duplex has been in existence for more than twenty years. Remodeled it will be an attractive asset to the neighborhood. The improvements should increase the value of the surrounding properties. Page 4 The city needs multi-family housing, particularly more upscale housing. No one can deny additional taxes aren't welcomed. Duplex property will be taxed higher than a residence. It seems only reasonable that two units be maintained rather than reducing available housing. There appears to be no good reason not to reinstate this duplex permit, let him move forward. Mr. Wally Kropf stated he is employed with Caldwell Banker Realty, prior to Mr. Doman purchasing the property, he was approached by the previous owner to sell the property. When he took the listing, he thought he did his homework, he checked with the city planning department and the building inspector. He was told the property had been a duplex for seven years and would be grandfathered to remain a duplex. He checked on this issue prior to taking the listing. At the time when the property was conden'a3ed, he was concerned with the repairs necessary for the property to conform to code. In talking to planning and the building inspector, the real concerns were the past code violations with the previous owner. They would welcome a new owner to resolve these past problems. He stated he was reassured that this property would remain a grand- fathered duplex, as it had been a duplex for the past seven years. Commissioner Will asked why the letter of intent of December 10 signed by Bill Leader, stated one of the main conditions of the sale was that it remain a duplex. Apparently Mr. Doman had bccn concerned that it might not remain a duplex. Mr. Kropf stated they had advertised the property as a duplex and Mr. Doman just wanted assurance that it would remain a duplex. Commissioner Will asked if there were any other conditions. The other condition may have been, since the property was condemned, what would be required to get it released from the condemnation. The city stated there were a few repairs that needed to be taken care of. Mr. Kropf had talked to the Code Enforcement Officer regarding the code violations and all the past problems that the sale of the unit would resolve. Commissioner Will had a concem with 'Attachment No. 5, which indicates the property was transformed from a single-family residence to a duplex with no record of any permits, any construction, etc. Mr. Kropf stated that at the time he listed the property in 1991 there were two complete separate units there. He restated that he had checked with the city and that he was told it had bccn a duplex for at least seven years and because of that it would be grandfathered as such. Commissioner Frawley had a question, regarding the square footage of this building. It appeared that 550 square feet was small for an apartment. Mr. Kropf stated he used the county records for the square footage numbers. Mr. Kropf stated that it appeared to have more square footage, than when it was originally built. An =addition may have been added on the second floor. Commissioner Schultz questioned the year it was grandfathered, staff stated that the ordinance was in effect since 1957. 3B Page 5 Chairperson Atkinson questioned the statement of being grandfathered after seven years. He could not find any reference documenting this. Mr. Kropf stated he remembers the statement by either the planning or building depadment that if it was a duplex for more than seven years, then and it would be grandfathered. Mr. Kropf took it to mean that because it was in excess of seven years they were grand- fathered, he just remembers that those statements were said together. Bill Leder of Coldwell Banker stated he sold this property in 1991 to Mr. Doman from the previous owner who purchased the property back in the 80's. At that time it was a duplex and Mr. Ben Shevchenko was a witness to the fact that there was a kitchen upstairs and there wore facilities up and down. Mr. Leder's brother lived next door and in 1978, Mr. Leda' knows for a fact that it was a duplex in 1978 and in 1975. In 1991 Mr. Leda- physically looked at the property and it was a duplex. He also called the city and was told that it could remain a duplex without a problem. This was not put into writing. Mr. Doman bought this as a duplex, he should not be penalized, it should remain a duplex. Mr. Doman should not have to take a loss on this property. If this was going to be a problem, it should have been cleared up in 1978. Commissioner Palmer questioned the statement that Mr. Leda- made regarding the fact that in 1978 and 1975 the property was a dupley, Commissioner Palmer's wife previously lived in the neighborhood and told him it was a single-family home ir~ 1976. Mr. Leda- disagrccd with that fact, as his brother had been in the house a number of times. Mr. Steve Smith referred to his letter which states that he bought his home in February 1978. At that time he was aware that it was a single-family zone he was moving into. At that time he could not-have known every violation that was occurring on the property. When he did become aware, he contacted the city and tried to get it remedied. He referred to Mr. Higginbotham's and two additional letters that make it clear that' this house'was a single-family residence between 1967 and 1969. (Exhibit No. 1 is a letter from Mr. & Mrs. Brady and Exhibit No. 2 is a letter from Margaret Hanrahan). He also had a copy of the Woodbum Independent from October 1957 which talks about the passing of the zoning ordinance. (Exhibit No. 3 - titled Council Sets Zoning Rule for Woodbum). Mr. Smith also provided a statement from the Tax Assessor for 1988 & 1990 which classifies the property as III - single-family. The tax assessor did not think it had ever been classified as a duplex. (Exhibit No. 4 a print of tax records) Mr. Smith referred to a fax the city received from the assessor's office showing a single- family tax classification of the property. Mr. Smith referred to the zoning ordinance for non-conforming lot, structure and use. He will concede that the lot is non-conforming. The structure is non- conforming because it is too dose to the property line. However, the single- family use was conforming at the time of the ordinance in 1957. Mr. Higginbotham's letter stated that his recollection was that it was not used as a duplex by his father. 3B Page 6 Mr. Smith stated that he had contacted the city in the past about this property and was therefore surprised that Mr. Dolan was not aware of the opposition to this duplex. There has been a real problem with the width of the street, parking and there is too much congestion. Mr. Smith questioned the plot plan and the width of the lot. He submitted a copy of the deed (Exhibit No. 5). He also submitted a copy of his deed (Exhibit No. 6). He stated that the existing non-conforming structure, which is allowed under the ordinance, is practically on the property line. Mr. Smith objects to a new foundation being allowed where the old house is. He claimed it was a violation of Statute 3.08, of the city ordinance that has to do with enlargement or extension of an existing non-conforming building. Mr. Smith also questioned the statements regarding the condemnation of this property, which he stated the building department said had not been condemned. If the property had been condemned, according to the Zoning Ordinance 3.07, the building official would not have allowed a permit. 3B Mr. Smith questioned the city's need for more housing on smaller lots. He does not believe it was the intent or the spirit of the ordinance; it was to control the quality of Woodbum not allow smaller 50 foot lots. Mr. Smith referred to a letter (Exhibit No.7) questioning the permit being issued and its date of issuance. Commissioner Will asked Mr. Smith if he had discussed the zoning codes and the process for zone changes with the county, he did not. On rebuttal: Mrs. Beck stated she had already addressed the parking issue. Mrs. Beck stated you may renovate a foundation to fit the footprint of a building. This should not be an issue. ' She once again stated this would be an asset to the neighborhood. Regarding the condemnation issue, she will submit matedal regarding this matter. (Exhibit No. 8) Commissioner Frawley questioned if it is an illegal duplex, can the commission proceed. Mrs. Beck stated that since this has been more than 20 years, Mr. Doman should not be punished. Mr. Doman questioned what I<ind o{: precedenf [his would be seeing, i.e., other properties located in the city have the same problem. Staff addressed the following: Staff was concerned that they also did not have anything in writing. Staff believes individuals when they come in and request a permit to renovate a duplex. The Page 7 s) staff does not go out and inspect the property, they take the word of the individual. The city records do not go back to 1960. The seven-year time frame does not exist. This lot is grandfathered. There is an absolute property right to replace the footprint of this structure. In 1989 there was an overcrowding problem, not the issue of single-family versus duplex. The city was trying to eliminate the overcrowding, which was a code violation. This was not a condemnation issue. There were certain problems with repairs that were required, but F_xhibit No. 8 was not a condemnation issue. Staff stated additional time to absorb all the information presented would be warranted. Staff would feel more comfortable if the Planning Commission would consider continuing the public hearing. Commissioner Warzynski stated that the county taxed it as a single-family residence, just because someone comes along and decides it is a duplex, does not mean it should be a duplex. Commissioner Palmer moved to continue the hearing. Commissioner Lawson seconded the motion. A vote was taken and the motion passed unanimously. It will be continued on January 23, 1997. The commissioners will keep the information provided in the packet. A five minute recess was taken. DISCUSSION ITEMS Staff discussed Site Plan Review 96-19 Addition for Budget Inn Motel. The motel withdrew their application. Commissioner Palmer questioned the continuance hearing, staff stated that this was not a public hearing, rather it was a continuation of the administrative approval. Site Plan Review 96-20 Proposed Convenience Store I Delicatessen. This is an administrative decision. This site is being resubmitted since a year has elapsed since the original site plan was approved. Commissioner Schultz had a question regarding the status of the tanks that needed to be removed. Staff stated that everything is removed and DEQ approval was received. Commissioner Frawley questioned the Fire District Report regarding the sprinkler requirements, were they not required in a new building? Staff stated that the building had to be more than 8,500 square feet for sprinklers to be required. 3B Ballot Measure 47 and associated articles and potential problems with the measure were Page 8 discussed. 3 B Commissioner Will asked the City Administrator about the city's pension plans. The City Administrator stated the city is not under the PERS system and he is not aware of any impact on the city's pensions. The community wide survey was given to the commission. The survey may provide some insights into future planning, different issues on growth, and resulting conflicts will be heard dudng the public hearings that will be held in the future. City Administrator welcomed Commissioner Torres, and thanked the Planning Commission for all their hard work and dedicated efforts. .The City Administrator discussed Measure 47 and its effects in regard to the annexation process, which could put the city into turmoil, regarding city services, taxes, etc. The City Council will r, ccd to develop a policy for annexations and the Planning Commission will be an integral part in this process. Commissioner Schultz asked about a budget meeting that will be held on January 21. She was wondering if the'Planning Commission would be included in this meeting. The City Administrator stated that the active participants would be the Library Board, Parks Board, City Council with the Budget Committee in attendance. Anyone interested in attending is encouraged to attend. Commissioner Will encouraged the City Administrator to give the planning staff as much consideration as he could in regards to the budget process. The City Administrator stated that there are many mandated laws that apply to the planning process and they will be considered when approving the budget. 9. REPORTS Building Activity Report 10. BUSINESS FROM THE COMMISSION Commissioner Frawley asked about the Super 8 Motel. Staff stated the motel would be coming back with a new site plan. Commissioner Warzynski stated her concem about flood plains and the Planning Commission's efforts and attention to these issues. Staff stated that the city takes special efforts to avoid the situations that occurred in Kaiser. Commissioner Lawson stated lhat in the future we should look at the fence requirements. The fences that are located in Henry Farms are being blown down and we should look at this for future requirements. Page 9 Motion to adjoum was made and seconded. 3B Page 10 3C MINUTES WOODBURN RECREATION AND PARKS BOARD REGULAR MEETING January 7, 1997 The meeting was called to order by Chairman Frank Anderson at 6:30pm in the Woodburn Community Center. IN A'I-rENDANCE Chairman Frank Anderson; Board Members: Barbara Rappleyea, Art Montgomery, Art Montgomery, Elisar (Char) Quinones, and Mel Scmidt. Staff:. Nevin Holly, Director of Recreation and Parks Department. INTRODUCTION OF NEW BOARD MEMBERS Chairman Frank Anderson welcomed new Board Members Elisar (Char) Quinones and Mel Scmidt. Chairman Anderson had each of the Board Members introduce and tell a little about themselves. Elisar Quinones explained he had done much volunteer work with the youth of the community, especially in youth soccer. He spent six years in the Marine Corp after High School and is a recent graduate of Linfield College. Mel Scmidt lives in the Meadow Park area of the community and also has done much volunteer work. Before moving to Woodburn Mel was a School Board Member in North Marion. Mel explained that he is an advocate of youth sports and feels that youth sports builds character that is carried into adult life. Chairman Anderson give a brief overview of the Recreation and Parks Board. He explained that the Department had major challenges it would be facing in the coming year and that he was glad to see the interest and concern of the new members. DISCUSSION ON LONG TERM MASTER PLAN Director Holly distributed a proposed survey which was being prepared by Don Ganor our consultant to the Long Term Master Plan project. Director Holly went over each question and asked the Board for input in terms of providing additional questions to be included as part of the survey. Director Holly explained that the survey would be mailed to 800 households in the City. The data gathered would serve as an important component to formulating our plan. After much dialogue and review of the survey the Board made several suggestions which were to include more analysis of program satisfaction levels for various age groups. The Board also wanted the Youth Drop-In Center, the World Berry Museum, the Community Center and Locomotive 1785 included in the survey. The Board additionally wanted corporate and commercial sponsorships to be considered as funding options. Director Holly told the Board he would take their revisions to Mr. Ganor for inclusion in the survey. He also indicated he would be having staff look at the survey and get their additions or revisions. The combined information would then be sent back to Mr. Ganor. The draft would then be returned to the Board for their approval and further suggestions within two or three weeks. 3C Page 2 Recreation and Parks Board Meeting January 7, 1997 MEASURE 47 DISCUSSION Director Holly said he did not have any numbers yet in regards to potential budget cuts for the Department. Director Holly invited the Park Board to attend a joint workshop which will be held soon. He will inform the Board of the date and time. Chairman Anderson told the Board it was important they attend this meeting. Director Holly explained to the Board interpretations of the provisions of the Measure he had learned at a workshop hosted'by the League Of Oregon Cities. Chairman Anderson asked Director Holly if he could provide him with information regarding participation levels and how they have increased over the past few years. BUSINESS FROM THE BOARD Chairman Anderson again welcomed the new Board members and reminded the Board of the important workshop in January. MOTION: ART MONTGOMERY Moved to adjourn the meeting at 8;34pm BARBARA RAPPLEYEA: Seconded the Motion. Motion passed unanimously. CITY OF WOODBURN 270 Montgomery Street · Woodbum, Oregon 97071 · (503) 982-5~222 TDD (503) 982-7433 · FAX (503) 98~-5244 4C PKOCLAMATION CATHOLIC ,SCHOOLS VEEK J tmutry 27- January 31, 1997 WHEREAS, cooperative efforts are necessary to educate the country's future leaders and citizens; and WHEREAS, every year the Catholic schools throughout the United States celebrate their important contributions to the educational endeavors of our nation during a week of special activities; and WHEREAS, everyone has a stake in education and every citizen is responsible for the future of this country and that future will be determined by how well we educate our children; WHEREAS, the administrators and teachers at St Luke School are dedicated to the children and can take great pride in the fact that the school has served the Woodbum community since 1903 and has provided a 'School You Can Believe In.' NOW, THEREFORE, I, Nancy A. Kirksey, Mayor of the City of Woodbum do hereby proclaim the week of January 27 - January 31, 1997 to be CATHOLIC SCHOOLS WEEK in the City of Woodburn and ask our citizens to recognize and appreciate the many contributions the Catholic schools make in our community. IN WITNESS WHEREOF, I have hereunto set may hand and caused the seal of the City of Woodbum to be affixed this 22nd day of January, 1997. t Nancy A. Kirksey, Mayor City of Woodbum MEMORANDUM 8A TO: Mayor & City Council through City Administrator FROM: Community Development Director SUBJECT: Community Development Block Grant/Housing Rehabilitation DATE: January 23,1997 REQUEST The Housing Rehabilitation Task Force recommends the Woodburn City Council approve the request to submit a proposal for a 199711998 Community Development Block Grant application in the amount of $500,000 for a city-wide Housing Rehabilitation Program. In addition the city will utilize $50,000 paid back to the city from prior Housing Rehabilitation Programs as the city's share of the grant proposal. Under this proposal, no city tax dollars will be used to either administer or rehabilitate homes. If this grant is approved, Iow interest loans would be made available to Iow and moderate income homeowners. The loans are paid back to the city at the time of sale or transfer of title. It is anticipated the program will provide for the rehabilitation of approximately 45 homes, serving approximately 190 residents. The positive results of the program include energy efficiency, extended life of the dwelling and a positive contribution towards community beautification. OVERVIEW OF 199511997 REHABILITATION In July 1995, the city received $300,000 in Oregon State Community Development Building Grant funds coupled with a city cash match of $100,000 from previous housing rehabilitation payback funds. The following chart reflects the monetary breakdown of the total grant fund. Figures are for a two (2) year grant period ending in June 1997. OWNER OCCUPIED REHABILITATION PROGRAM MANAGEMENT/ADMINISTRATION $ 332,160 $ 67,840 * * Salary, audit, telephone, supplies etc. A citizen Loan Review Board (LRB) composed of Kathy Figley - Chair, Walt Lawson, Barbara Pugh, Steve Goeckritz was formed and met for the first time in August 1995. The primary function of the LRB is to approve/reject all loan applications, monitor grant progress and to speak to matters pertaining to the program as a whole. REE;ULTS TO DATE Applications Received 57 Units Completed 38 Pending (Financing) 13 Rejected 6 FUNDS OBLIGATED $ 332,160 ESTIMATED COST $126,000 SA The average interest rate levied (sliding scale based on income and family size) is .0276% for a maximum period of ten years. At this rate, the following returns on interest will occur on the $ 332,160 in the next: 5 years $ 45,840 7 years $ 64,176 10 years $ 91,680 The Rehabilitation Program was included in me city's yearly fiscal audit completed in November 1996. No discrepancies were noted. In conclusion, all grant monies, with the exception of minor administrative amounts (telephone, salary, etc.) will be expended by March 15, 1997, for the program to be closed out. 8B STAFF REPORT ACCESS MANAGEMENT PLAN I. INTRODUCTION: In April 1991 the Land Conservation and Development Commission (LCDC), with the concurrence of the Oregon Department of Transportation (ODOT) adopted Transportation Planning Rule (TPR), OAR 660 Division 12. The TPR stipulated that each local jurisdiction in the state adopt an approved Transportation Plan and make amendments to it's land use regulations in order that Transportation Plans can be properly implemented. The primary goal of the required ordinance amendments is to make future developments more pedestrian and transit friendly, improve traffic flows, and encourage alternative means of transportation. It was in June 1996 the City Council adopted the Woodburn Transportation System Plan. A plan that followed state guidelines and incorporated the following elements: * Existing conditions * Roadway System Alternatives Analysis * Transit System Alternatives Analysis * Alternative Pedestrian/Bicycle/TDM Strategies * Highway 219/214 and 99E Access Management Analysis * Transportation Systems Plan * Transportation Financing Plan * Land Use Ordinance Modifications One of the elements of the plan, that being the 'Land Use Ordinance Modifications', calls for additional amendments be made to existing City Ordinances so they may be brought into compliance with the TSP's objectives. Specifically, Chapter 11, Section 11.5 Recommendations - Protection of Trans.oortation Facilities. Corridors. and Sites. In part the recommendation states 'Access control is a critical component of maintaining operation of the transportation system.' It goes on to recommend the city adopt these standards by ordinance. I1. THE TASK: After the city has adopted the TSP in June 1996, staff began the task of preparing an Access Management Plan. This became a rather arduous task since no other Oregon jurisdiction had developed one that met the Oregon Transportation Planning Rule Standards. However, with strong cooperation from the Oregon Department of Transportation, the Transportation Management Group, Marion County Public Works and Planning and the Department of Land Conservation and Development city staff were able to develop a draft Access Management Ordinance. This was not an easy task. The document the Commission and City Council are reviewing represents the seventh draft. III. COMPONENTS: There are 23 sections which make up 25 pages of what will be viewed by many as a technocratic document that has the ability to put one to sleep by the second page. That being so, do keep in mind, it is a document whose overall objective "is to provide and manage access to developed and undeveloped land, while preserving the regional flow of traffic in terms of safety and capacity." "The secondary objective is to control access to service collectors and residential streets to ensure safe passage to vehicles and pedestrians alike." IV. ACCESS MANAGEMENT PLAN: SEE ATTACHED PLAN ACCESS MANAGEMENT ORDINANCE FINDING 6 o The Planning Commission conducted a public hearing in this matter on November 14, 1996 and recommends adoption of the Access Management Plan by the City Council. The Plan provides and manages access to developed and undeveloped land, while preserving the flow of traffic in terms of safety and capacity. The Plan also controls access to service collectors and residential streets to ensure safe passage to vehicles and pedestrians alike. Access control is a critical component of maintaining operation of the transportation system. The Access Management Plan implements the goals and policies of the Woodbum Transportation System Plan (Goals 2, Policies 1 and 3; Goal 3, Policy 1; and Goal 5, Policy 4). The Access Management Plan Conforms to the Oregon Transportation Rule (TPR), OAR 660 Division 12. The planning policies of the Oregon Department of Transportation set forth in the Oregon Highway Plan (OHP). The Plan also confirms with the access classification system and standards of the Oregon Department of Transportation, the Access Management Policy Guidelines of the 1991 Oregon Highway Plan, and Policy and Planning Directives of the Federal Intermodal Surface Transportation Efficiency Act of 1991, Oregon Highway Plan, and Policy and Planning Directives of the Federal Intermodal Surface Transportation Efficiency ACt of 1991. The Plan specifically addresses OAR 660-12-045 (c)(2)(a), which directs local governments to adopt land use or subdivision regulations to protect transportation facilities for their identified use and provide access control measures consistent with the functional classification of roadways. a:',access, fin 1/23/97 8B ACCESS .MANAGEMENT ORDINANCE CITY OF WOODBURN JANUARY, 1997 Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. DP, F' 7 ACCESS MANAGEMENT ORDINANCE CITY OF WOODBURN TABLE OF CONTENTS 2 Intent and Purpose ..................................................... Applicability ........................................................... 2 Conformance with Plans, Regulations, and Statutes ............................ 2 Definitions ............................................................ 3 Access Management Classification System and Standards ....................... 7 11 Comer Clearance ..................................................... 11 Joint and Cross Access ............. : .................................. Interchange Areas ..................................................... 15 Access Connection and Driveway Design Standards ........................... 15 Requirements for Outparcels and Phased Development Plans ................... 16 17 Driveway Locations Near Bus Stops ...................................... 17 Emergency Access ................................................... 17 Section 13. Nonconforming Access Features ......................................... Section 14. corridor Access Management Oveday ..................................... 18 Section 15. Double Frontage and Alleys ............................................. 18 Section 16. Flag Lot Standards .................................................... 19 Section 17. Shared Access ....................................................... 20 Section 18. Connectivity ......................................................... 20 21 Section 19. Private Roads ....................................................... 22 Section 20. Regulatory Flexibility .................................................. Section 21. Site Plan Review Procedures ............................................ 22 Section 22. Appeal Process ...................................................... 23 Section 23. Adjustments ......................................................... 24 8B WOodbum Access Management Ordinance - Page 1 7 ACCESS MANAGEMENT ORDINANCE CITY OF WOODBURN Section 1. Intent and Purpose The primary objective of this ordinance is to provide and manage access to developed and undeveloped land, while preserving the flow of traffic in terms of safety and capacity. Major roadways, including state highways and other arterials, serve as the primary network for moving people and goods. These transportation corridors also provide access to businesses and homes and have served as the focus for traffic movement to commercial and residential development. If access systems are not properly designed, these roadways will be unable to accommodate the access needs of development and retain their primary transportation function. This ordinance balances the right of reasonable access to private property, with the right of the citizens of the City of Woodbum and visitors to safe and efficient travel. The secondary objective is to control access to service collectors and residential streets to ensure safe passage to vehicles and pedestrians alike. To achieve this policy intent, state and local roadways have been categorized by function and classified for access purposes based upon their level of importance, with highest priority on the Oregon Highway System and secondary priority on the primary network of arterials, followed by collectors and residential streets. Regulations have been applied to these roadways for the purpose of reducing traffic accidents, personal injury, and property damage attributable to poorly designed access systems, and to thereby improve the safety and maximize the efficiency of operation of the roadway network. This will protect the substantial public investment in the existing transportation system and reduce the need for expensive remedial measures. These regulations also further the ordedy layout and use of land, protect community character, and conserve natural resources by promoting well-designed road and access systems. Section 2. Applicability This ordinance shall apply to all arterials, service collectors and selected access streets within the City of Woodbum Urban Growth Boundary, as identified in Table 1, and other such roadways as subsequently defined, and to all properties that abut these roadways. The access classification system and standards of the Oregon Department of Transportation shall apply to all roadways on the state highway system. Additionally, Marion County driveway permits are required for any access connections to any roadway within a Marion County right-of-way. Section 3. Conformance with Plans, Regulations, and Statutes This ordinance is adopted to implement the goals and policies of the Woodbum Transportation System Plan (see Goal 2, Policies I and 3; Goal 3, Policy 1; and Goal 5, Policy 4), and Transportation Goals 1, 2,~ and 3 as set forth in the Woodbum Comprehensive Plan. In addition, this ordinance conforms with the Oregon Transportation Planning Rule (TPR), OAR660 Division 12 and the planning policies of the Oregon Department of Transportation set forth in the Oregon Highway Plan (OHP). The ordinance also conforms with the access classification system and standards of the Oregon Department of Transportation, the Access Management Policy Guidelines of the 1991 Oregon Highway Plan, and policy and planning directives of the federal Intermodal Surface Transportation Efficiency Act of 1991. It specifically addresses OAR 660-12-045 (c)(2)(a), which directs local Woodbum Access Management Ordinance - Page 2 D F'F 7 8B governments to adopt land use or subdivision regulations to protect transportation facilities for their identified use and provide access control measures consistent with the functional classification of roadways. Section 4. Definitions Access - Any driveway, street, turnout or olher means of providing for the movement of vehicles and pedestrians to or from the public roadway system. Access Classification - A ranking system for roadways used to determine the appropriate degree of access management. Factors considered include functional classification, the appropriate local government's adopted plan for the roadway, subdivision of abutting properties, and existing level of access control. Access Management - The process of providing and managing access to developed and undeveloped land uses while preserving the flow of traffic in terms of safety and capacity. Access Management Ptan (Corridor) - A plan illustrating the design of access for lots on a highway segment or an interchange area that is developed jointly by the state and/or affected city. Approach Road Permit- A permit issued by the Distr~ Manager, ODOT District 3, (pursuant to OAR 734-50) for an access connection to a state highway. Connection - VVhere one street intersects another street. Connection Spacing - The distance between connections, measured from the closest edge of pavement or curb cut of the first connection to the closest edge of pavement of the second connection along the edge of the traveled way. Controlled Access Roadway - A roadway as identified or referenced within this document which access is controlled by the conditions contained herein. Comer Clearance - The distance from an intersection of a public or private road to the nearest access connection, measured from the closest edge of the pavement of the intersecting road to the closest edge of the pavement of the connection along the traveled way (see Figure 1). Figure 1: Comer Clearance and Connection Spacing Corridor Overlay Zone - Special conditions added to current developing and existing land use requirements along designated portions of the state highway. Woodbum Access Management Ordinance - Page 3 DRAFT 7 Cross Access - A service drive providing vehicular access between two or more contiguous sites so the driver need not enter the public street system (see Figure 6). Cross Access Corridor- An ama designated to use a service drive between two or more contiguous sites in order to eliminate unnecessary access to an adjacent roadway. Deed - A legal document conveying ownership of real property. Directional Median Opening - An opening in a restrictive median which provides for specific movements and physically restricts other movements. Directional median openings for two opposing left or "U-turn" movements along a mad segment are considered one directional median opening. Double-Frontage Lot - Same as a through lot. A lot having frontage on two parallel or approximately parallel streets. Comer lots are typically not double frontage lots. Easement - A grant of one or more property rights by a property owner to or for use by the public or another person or entity. Frontage Road - A public or private drive which generally parallels a public street between the right-of-way and the front building setback line. The frontage road provides access to private properties while separating them from the arterial street (see also Service Road). Full Median Opening - An opening in a ~e me(fan that allows all tuming movements from the roadway and the intersecting road or access connection. Functional Area (Intersection) - That ama beyond the physical intersection of two controlled access facilities that comprises decision and maneuver distance, plus any required vehicle storage length, and is protected through comer clearance standards and driveway connection spacing standards (see Figure 2 below). Functional Classification - A system used to group public roadways into classes according to their purpose in moving vehicles, providing access, and includes design and operational standards. Joint Access (or Shared Access) - A driveway connecting two or more contiguous sites to the public street system. Figure 2: Functional Area of Intersection Lot -A parcel or tract of land occupied, or to be occupied, by a building or unit group of buildings, and its accessory building, together with such yards or open space and having a frontage upon a Street, alley or pdvate drive. Woodbum Access Management Ordinance - Page 4 DP, Fr[' 7 Lot, Comer - .~. lot or portion thereof situated at the intersection of two or more streets. Lot Depth - The horizontal distance between the front lot line and rear lot line measured at a point halfway between the side lot lines. Lot, Rag - ^ lot having a narrow street frontage with a larger developable portion of land set back from the street frontage. Lot, Nonconforming - A lot that does not meet the area or width requirements of the district in which it is located. Lot, Through or Double Frontage - A lot having frontage on two parallel or approximately parallel streets. Lot Frontage - That portion of a lot extending along a street right-of-way line. Lot of Record - A lot which is part of a subdivision or a lot or parcel described by metes and bounds, which has been recorded in the office of the County Recorder. Lot Width - The horizontal distance between side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines. Major Traffic Generator - A land use such as a shopping center which generates 3,000 trips a day or greater. Figure 3: Types of Lots Manual of Uniform Traffic Control Devices (MUTCD) - A Federal document that provides standards for traffic control devices as modified and adopted by the Oregon Transportation Commission. Woodbum Access Management Ordinance - Page 5 8B , Nonconforming Access Features - Features of the access system of a property that existed prior to the date of ordinance adoption and do not conform with the requirements of this Ordinance or the Access Management Policy of the 1991 Oregon Highway Plan. Nonrestrictive Median - A median or painted centedine that does not provide a physical barrier between traffic traveling in opposite directions or tuming left, including continuous center turn lanes and undivided roads.- Outparcel - A parcel of land abutting and extemal to the larger, main parcel, which is under separate ownership and has roadway frontage. Parcel - Means a single unit of land that is created by a partitioning of land. Peak Hour Trips - That number of trips into or out of a facility access during the peak hour of adjacent street traffic. Plat - An exact and detailed map of the subdivision of land. Private Road - Any road or roadway for vehicular travel which is privately owned and maintained and which provides the prindpal means of access to abutting properties. Public Road - A road under the jurisdiction of a public body that provides the principal means of access to an abutting property. Reasonable Access: The minimum number of access connections, direct or indirect, necessary to provide safe access to and from the roadway, as consistent with the purpose and intent of this Ordinance and any applicable plans and policies of the City of Woodbum and the access management policy of the 1991 Highway Plan. Restrictive Median - A physical barrier in the roadway that separates traffic traveling in opposite directions, such as a concrete barrier or landscaped island. Right-of-Way - Land reserved, used, or to be used for a highway, street, alley, walkway, drainage facility, or other public purpose. Service Road - A public or private street or road, auxiliary to and normally located parallel to a controlled access roadway, that maintains local road continuity and provides access to parcels adjacent to the controlled access facility. Significant Change in Trip Generation - A change in the use or user of the property, including land, structures or facilities, or an expansion of the size of the structures or facilities causing an increase in the trip generation of the property exceeding 25 peak hour trips during the peak hour of the adjacent street traffic. Peak Hour Trips may occur in the a.m. or p.m. and includes both in and out movements. State Highway System (SHS) - The network of limited access and controlled access highways that have been functionally classified and are under the jurisdiction of the State of Oregon. Stub-out (Stub-street) - A portion of a street or cross access drive used as an extension to an abutting property that may be developed in the future. Woodbum Access Management Ordinance - Page 6 DR F ' 7 Subdivision - The process of dividing an area or tract of land into four (4) or more lots within a calendar year when such area or tract of land exists as a single unit or contiguous units of land under a single ownership at the beginning of such year. Temporary Access - Provision of direct access to the controlled access roadway until that time when adjacent properties develop, in accordance with a joint access agreement or frontage road plan. Section 5. Access Management Classification System and Standards The following access classifications have been assigned to roadways in Woodbum. They include both State Highways and local streets. Each roadway classification is defined below in Table 1. Table 2 shows the functional classification plan for each of the roadways within the Woodbum Urban Growth Bounda~. Table 3 assigns access standards to each type of roadway. Figure 4 provides an illustration of these standards. Bo It will be the policy of the city to aggressively work with developers of new property to ensure that this system is not degraded and conflicts between transportation modes are prevented. Local streets will be developed to provide connectivity to higher classifications. It will be city policy to maintain the integrity of the network of arterials and collectors identified in the plan and to coordinate the connection of local streets to this network consistent with the adopted transportation plan. Reconstruction or capacity enhancements of existing roadways will be developed to promote all transportation modes and access will be modified where feasible to enhance connectivity and the policies outlined above. Co All connections on roadways that have been assigned an access classification shall meet or exceed the minimum connection spacing requirements of that access classification, as specified in Table 3. (Note: These connection standards are consistent with those of the Oregon Department of Transportation, Access Management Policy Appendix B of the 1991 Oregon Highway Plan) 1) Driveway spacing shall be measured from the closest edge of the pavement or curb cut of the first connection to the closest edge of the pavement of the second connection along the edge of the traveled way. (Figure 1). The projected future edge of the pavement of the intersecting road shall be used in measuring comer clearance, where widening, relocation, or other improvement is indicated in the Woodbum Transportation System Plan and subsequent Capital Improvement Plans as adopted. All access decisions pertaining to the state highways within the City of Woodbum are the sole responsibility of the Dist~ct Manager, ODOT District 3, or designee. The City of Woodbum has no authority to grant acc. ess, temporary or permanent, to a state highway. Temporary AcceSs Permit: The Community Development Director, in coordination with the Public Works Director, may issue a temporary access permit to provide direct access to a city controlled access roadway until that time when adjacent properties develop. The Community Development Director may reduce the connection spacing requirements in situations where they prove impractical, but in no case shall the permitted spacing be less than 80% of the applicable standard, except as provided in Sections 22 or 23. 8B Woodbum Access Management Ordinance - Page 7 DRAFT 7 8B Table 1: Definition of Roadways - City of Woodbum ARTERIALS * Major Arterial (Class 1) * Minor Artedal (Class 2) COLLECTORS * Service Collector (Class 3) * Access Street (Class 4) Streets which provide for traffic flows between land uses. Streets and highways which provide service to traffic entering and leaving the area and traffic to major activity centers in Woodbum. Streets which feed the major system and support moderate length trips and service to activity centers. Streets which link local streets with the arterial system. Streets which provide significant linkages with arterials and tend to accommodate a higher volume of traffic. Streets which provide primary single family residential local street access and tend to accommodate lower volumes of traffic. Where the existing configuration of properties and driveways in the vicinity of the subject site precludes spacing of a curbcut access in accordance with the Access Management Classification System and Standards 0'able 3), the Community Development Director shall be authorized to waive the spacing requirements if he finds that all of the following conditions have been met: 1) Joint Use Driveways: Wherever feasible, the Community Development Director shall require the establishment of a joint-use driveway serving two abutting building sites, with cross-access easements provided in accordance with Subsection G. Unified Access and Circulation: Where feasible, the building site shall incorporate unified access and circulation in accordance with the requirements of Subsection G. Curbcut Closings: The property owner shall, enter into an agreement with the City, recorded in the records of Marion County and applying to any successors and assigns, indicating that any pre-existing curbcuts that are non-conforming on the building site shall be closed and eliminated at his own expense after the construction of both sides of the joint-use driveway, in accordance with the requirements of Subsection G. In the event that the Community Development Director decides to waive the spacing requirements of the Access Management Classification System and Standards in Table 3 in accordance with Subsection F. A statement shall be recorded in the public record that such has taken place and that all of the conditions in Subsection F have been met. Standards for landscaping of street right-of-way (ROW) and parking areas are subject to Chapter 11 of the Woodbum Zoning Code. Variation from these standards shall be permitted at the discretion of the Planning Commission where the effect would be to enhance the safety or operation of the roadway. Examples might include a pair of one-way driveways in lieu of a two-way driveway, or alignment of median openings with existing Woodbum Access Management Ordinance - Page 8 DRAFT 7 8B access connections. Applicants may be required to submit a study prepared by a registered traffic engineer to assist the City of Woodbum in determining whether the proposed change would exceed roadway safety Or operational beneffis of the prescribed standard. K. Interchange Access Management Policy 1) ODOT and the City of Woodbum recognize the ~ of protecting the immediate areas surrounding interchanges. Protecting the function and Integrity of the system around interchanges or interchange areas is critical to preserving the function and integrity of the rest of the tmnspedation system. 2) ODOT has developed a draft Interchange Access Management Policy regarding access spacing and operating standards for interchanges and interchange areas. ODOT and the City of Woodbum will enforce these policies and any subsequent revisions, and shall jointly resolve access issues which do not meet the minimum standards of the policy. Table 2: Classification of Roadways in Woodbum MAJOR ARTERIAL - Class 1 Highway 219/214 Highway 99E Highway 211 MINOR ARTERIAL - Class 2 South Artedal (Future) Boones Ferry Road/Setflemier Ave. Front Street Hardcastle Ave. Young St. (Highway 99E to Front St.) Garfield Street (Front St. to Settlemier Ave.) SERVICE COLLECTOR - Class 3 Parr Road Lincoln Street (east city limits to Settlemier Ave.) Evergreen Road West Hayes Street (Settlemier Ave. to Evergreen Rd.) Amey Rd. Progress Way/Industrial Ave. Park Ave. (Lincoln St. to Highway 214) Gatch Ave. (Cleveland St. to Uncoln St.) Cleveland St. (Highway 99E to Front St.) Woodland Ave. (Amey Rd. to Highway 219) ACCESS STREET - Class 4 Woodland Ave. (Amey road to Willow Ave.) Cascade Drive (Highway 214 to West Hayes St.) Astor Way (Country Club Rd. to Highway 214) Hazelnut Drive Brown St. (Cleveland St. to south arterial) Country Club Rd. (Astor to Boones Ferry) Cooley Road (and future extensions) Woodbum Access Management Ordinance - Page 9 DRAFT 7 Table 3: Access Classification System & Standards*** Functional Access Ddveway * Restrictive Signal Class Class Spacing (Ft) Median Opening Spacing Directional Full Major Nterial I 300 1320 2640 2640 Minor Arledal 2 245** 1320 2640 2640 Service Collector 3 50 2640/1320 Access Street 4 10 1320 8B A"Restrictive" median physically prevents vehicle crossing. A "Non-Restrictive" median allows tums ac, mss any point. Excludes currently developed residential standards. Table does not apply to interchange areas or corridor overlay zones. Figure 4 - Local Street Spacing and Access Management Standards LOCAL STREET SPACING AND ACCESS MANAGEMENT Po~kchop to control left turn movemei~ Driveway ~_Spocing Public Street Spacing 1~520' Oirectional Medion Spacing Landscaped median to co~trol left turn movements / Block Pe~iw~eterI 2640' ~-ull Mecl~on Spocincj Woodbum Access Management Ordinance - Page 10 DRAFT 7 8B Section 6. Comer Clearance Corner clearance for connections shall meet or exceed the minimum connection spacing requirements for that roadway. B. New connections shall not be permitted within the functional area of an intersection or interchange as defined by the connection spacing standards of this ordinance, unless: 1) No other reasonable access to the properly is available, and 2) The Public Works Director determines that the connection does not create a safety or · operational problem upon review of a site specific study of the proposed connection prepared by a registered engineer and submitted by the applicant. C. Where no other alternatives exist, the Public Works Director may allow construction of an access connection along the property line fadhest from the intersection. In such cases, directional restrictive connections (i.e. right in/out, right in only, or right out only) may be required. Section 7. Joint and Cross Access Adjacent commercial or office properties classified as major traffic generators (i.e. shopping plazas, office parks), sim, provide a cross access drive and pedestrian access to allow circulation between sites. The Community Development Director shall be authorized to designate cross-access corridors on properties adjacent to roadways. Such designation may be made in connection with the approval of any subdivision or site plan within the affected area, or as part of an overall planning program. Figure 5: Driveway Location Woodbum Access Management Ordinance - Page 11 DRAFT 7 Co Design of Cross-Access Corridors: Cross Access corridors shall be designed to provide unified access and circulation among parcels on each block of the roadway, in order to assist in local traffic movement (see Figure 6). In such cases, the Access Management Standards in Section 5, Table 3 above shall continue to apply, but any access to a property shall be designed for joint property use. Each corridor should be designed to include the following elements: 1) A continuous service drive or cross access corridor extending the entire length of each block served, or at least 1000 feet linear frontage alongthe roadway, and having a design speed of 10 mph. Final design of the facility shall be as approved by the Public Works Director. A design speed of 10 mph and sufficient width to accommodate two-way travel aisles designed to accommodate automobiles, service vehicles, and loading vehicles; Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross-access via a service road. Unkage to other ~ss conffiors in the area including the use of a unified access and circulation system plan that includes coordinated or shared parking areas wherever feasible '(see Figure 6). Do Where a property owner is requesting a partition or subdivision of land and a joint/cross access is required under this Ordinance, the configuration of new parcels shall be designed to minimize the number of access connections to the adjacent roadway, and incorporate the design standards for cross access corridors Section 7 (C). E. Coordinated I Joint Parking Design Wherever a cross-access corridor has been designated in accordance with this section, the business sites within the affected area shall be so designed as to provide for mutually coordinated or joint parking, access and circulation systems, and shall include stub-outs and other design features as necessary to make it visually obvious that the abutting properties may be tied in to create a unified system. 1) Development Prior to Abutting Use: In the event that the building site is developed prior to development of an abutting property, it shall be designed to ensure that its parking, access and circulation may be easily tied in to create a unified system at a later date. Existing Abutting Uses: In the event that the building site abuts an existing developed property, it shall be so designed as to fie into the abutting parking, access, and circulation to create a unified system unless the Community Development Director finds that this would be .impractical. 4) One-Way Driveways: The Public Works Director shall be authorized to allow a pair of one-way driveways in lieu of a two-way driveway othenvise permitted by this Part, where traffic flow will be improved as a result. Closing of Existing Curbcuts: Wherever a driveway or curbcut is permitted in accordance with the requirements of the Access Management Classification System and Standards, access rights along the remaining roadway frontage may be dedicated to the City, or State of Oregon in the case of State Highways. All other nonconforming, pre-existing driveways and curbcuts shall be closed and eliminated. In the case of a joint-use driveway, the property owner shall enter into an agreement with the City, recorded in the records of Marion County and, applying to any successors and assigns indicating that any pre-existing curbcuts on the building site shall be closed and eliminated after the construction of both sides of the joint-use driveway. Woodbum Access Management Ordinance - Page 12 DP, F 7 8B F. Tie-Ins to Abutting Property 1) Phased Development Under Same Ownership: Where the abutting properties are in the same ownership, no subdivision plat or site plan shall be approved unless all building sites within the affected area are made subject to the necessary easements, agreements and stipulations required by this Part, which shall be recorded as a binding lot agreement pdor to the .issuance of any Building Permits. 2) Leasing Situations: Where individual building site(s) within an overall development site are leased rather than owned fee-simple, the development site shall be subject to all requirements ofthis Part. The owner of the development site and the lessee of the building site shall be jointly and individually responsible for compliance with these requirements. Failure to comply shall be considered a violation of this Chapter subject to enforcement in accordance with Chapter 5 of the Woodbum Zoning Ordinance. Where Unified Access and Circulation is not Practical: The Community Development Director in coordination with the Public Works Director shall be authorized to modify the requirements of Ibis part where he finds that abutting properties have been so developed that it is clearly impractical to create a unified access and circulation system within part or all of the affected area. Figure 6: Examples of Cross Access Corridor Design Shared parking areas may be allowed to reduce the required parking spaces if peak demand periods for proposed land uses do not occur at the same time periods. Woodbum Access Management Ordinance - Page 13 DRAFT 7 8a Ho Whenever a cross-access corridor is designated by the Community Development Director, no subdivision plat, site plan or other development shall be approved unless the property owners shall: 1) Grant an easement for successors and assigns, running with the land, allowing general cross-access to and from the other properties in the affected area. 2) Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive. In addition, such easement shall specify that each unified access, cross-access, and/or coordinated parking system will allow adequate access for service and loading vehicles to each business site, and such easement shall be recorded in the public records of Marion County and constitute a covenant for successors and assigns. 3) 4) Record an agreement with the deed that remaining access rights along the roadway shall be dedicated to the City of Woodbum and pre-existing driveways shall be closed and eliminated. Record a joint maintenance agreement with the deed defining maintenance responsibilities of property o~rlers. Such agreement shall be recorded in the public records of Marion County and constitute a covenant for successors and assigns. Figure 7: Joint and Cross Access/Use of Temporary Driveway 5) When it has been determined that a pre-existing ddveway shall be closed and eliminated, and/or a new driveway constructed, the affected property owner shall sign an agreement with the City of Woodbum indicating such cost including all demolition, excavation, construction and landscaping shall be the sole responsibility of the property owner unless otherwise indicated by the City. The City of Woodbum and/or Oregon Department of Transportation may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make development of a unified or shared access and circulation system impractical. Woodbum Access Management Ordinance - Page 14 DP FT 7 Section 8. Interchange Areas Ao New interchanges or significant modification of an existing interchange will be subject to special access management requirements to protect the safety and operational efficiency of the limited access facility and the interchange area, consistent with the Woodbum Transportation System Plan as adopted and follow-up doctmtents such as an Access Management Plan for the Interchange Area, Capital Improvement Plan, ODOrs Interchange Access Management Policy, or such plans deemed necessary for the implementation of the Woodbum Transportation System Plan. Bo The distance to the first connection shall be at least 660 feet where the posted speed limit is greater than 45 mph or 440 feet where the posted speed limit is 45 mph or less. This distance shall be measured from the end of the taper of the access point for that quadrant of the interchange. These spacing standards apply only to interchanges between two city controlled facilities. Spacing standards for interchanges and interchange areas which connect to state highways shall conform with the standards shown in the ODOTs Interchange Access Management Policy or subsequent revision. Section 9. Access Connection and Driveway Design Standards Ao Driveway standards for access along designated state highways within the city limits shall conform to the requirements of the Oregon Department of Transportation and the City of Woodbum Design Standards. ' Bo Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers is discouraged due to the potential for vehicular weaving conflicts (see Figure 5). Co Driveway width and flare shall comply with Chapter 10 of the Woodbum Zoning Ordinance and shall be designed to adequately serve the volume of traffic, provide for rapid movement of vehicles off of the major roadway, but standards shall not be so excessive as to pose safety hazards for pedestrians, bicycles, or other vehicles. Do The distance from an intersection to a driveway opening or 'Throat Length" (see Figure 8) shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation. General standards appear in Table 4 but these requirements will vary according to the projected volume of the individual driveway. These measures generally are acceptable for the principal access to a property and are not Intended for minor driveways. Variation from these may be allowed with adequate justification, which may require a report prepared by a registered traffic engineer, and approval of the City of Woodburn Public Works Director. 8B Woodbum Access Management Ordinance - Page 15 8B Table 4: Generally Adequate Driveway Throat Lengths* Shopping Centers 200' > 200,000 GLA Smaller Developments 75'-95' ~ 200,000 GLA Unsignalized Driveways 40'-60' GLA: Gross Leasable Area in square feet Source: Vergil G. Stover. *The lengths shown are minimums. Actual design may require longer throat lengths as determined by a transporlalJon impact study. For developments and centers > 200,000 GLA the throat may be a pubic street. Figure 8: Drivewayl Public Street Throat Length Section 10. Re¢ uirements for Outparcels and Phased Development Plans A. In the interest of promoting un'~ied access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall not be considered separate properties in relation to the access standards of this ordinance (see Figure 9). The number of connections permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations required under Section 7 shall be met. This shall also apply to phased development plans. The subject property owner(s) within the affected area are responsible for compliance with the requirements of this ordinance. Woodbum Access Management Ordinance - Page 16 Figure 9: Outl3arcel All access to the outparcel must be intemalized using the shared circulation system of the principal development or retail center. Access to outparcels shall be designed to avoid excessive movement across parking aisles and queuing across surrounding parking and driving aisles. Figure 10: Driveway Placement Near Bus Stops Section 11. Driveway Locations Near Bus Stops ko The placement and design of driveways shall provide for adequate distance from bus stops to prevent buses from blocking driveway .traffic or sight lines. In constrained situations, buses may block driveways if other access is provided to the property and sight distances are maintained. Section 12. Emergency Access In addition to minimum side, front, and rear yard setback and building spacing requirements specified in this ordinance, all buildings and other development activities such as landscaping, shall be arranged on site so as to provide safe and convenient access for emergency vehicles. Section 13. Nonconforming Access Features Ao Permitted access connections in place as of date of adoption that do not conform with the standards herein shall be designated as nonconforming features and shall be brought into compliance with applicable standards under the following conditions: 1) When new connection permits are needed 2) When site plan review is required 3) When a significant change in trip generation of 25 additional trips per peak hour or greater has been identified (see Section 4. Definitions) by one of the following methods; Woodbum Access Management Ordinance- Page 17 DRAFT 7 8B a) an estimation based on the ITE Trip Generation Manual (latest edition) for typical land uses or b) a traffic impact analysis for a specific development as required under this Ordinance or actual traffic monitoring conducted during the peak hour of the adjacent street traffic for the property. 0) Such estimation shall utilize a proportional share approach. For example, the manual indicates that a 20,000 sq ft building materials/supply store generates 65 peak hour trips. If a building of this size were to expand by 5,000 sq ft, an estimated change in peak hour trips for the expanded facility would be 5,000/ 20,000 x 65 = 16 (new tdps due to expansion). If the principal activity on a property with nonconforming access features is discontinued for a period of one year, then that property must thereafter be brought into conformity with all applicable connection spacing and design requirements, unleSs otherwise exempted by the permitting authority. Section 14. Corridor Access Management Overlay A. Zone I as delineated in Table 5 shall carry with it the following access restrictions; 1) The Industrial Sales (IS) zoned property south of Industrial Ave. along 99E shall be restricted to driveway access points on National Way and Industrial Way. 2) That area north of Industrial Ave. may have no more than one additional public road accessing Highway 99E, located no less than 1000 feet north of Industrial Way. Zone I Table 5: COrridor Overla~/Zones · 99E (east side of highway from north city limits to I southem boundary of Industrial Sales (IS) properties) I Section 15. Double Frontage and Alleys Ao Bo Access to double frontage lots other than residential shall be required on the street with the higher functional classification. Access to double frontage lots zoned residential shall be required on the street with the lower functional classification. Alleys may also be a way to serve double frontage lots for residential access. They provide direct access to multiple properties by accessing side streets, not the major roadway (see Figure 4). Woodbum Access Management Ordinance - Page 18 8B Figure 11: Double Frontage Section 16. Flag Lot Standards A. Flag lots shall not be permitted when their effect would be to increase the number of properties requiring direct and ind'widual access connections to the State Highway System or other arterials (see Figure 12). Interior parcels shall be required to obtain access via a public or private access road in accordance with the requirements of this ordinance. Figure 12: Flag Lots and Altemafive Access ' ~'- Avoid o Bo Flag lots 'J~all not be permitted on designated arterials within the City Urban Growth Boundary. Flag lots may be permitted for residential development, when deemed necessary to achieve planning objectives, such as reducing direct access to roadways, providing internal platted lots with access to a residential street, or preserving natural or historic resources, under the following conditions: 1) Flag lot driveways shall be separated by at least twice the minimum frontage requirement of that zoning district. 2) The flag driveway serving one dwelling unit, shall have a minimum improved width of 24 feet. Woodbum Access Management Ordinance - Page 19 DRAFT 7 Section 17. Shared Access Ao Subdivisions with frontage on the state highway system shall be designed into shared access points to and from the highway. Normally a maximum of two accesses shall be allowed regardless of the number of lots or businesses served (see Figure 13). Direct access to individual one and two family dwellings is to be avoided and all other reasonable access alternatives are to be investigated and judged unacceptable by the Public Works or Community Development Director prior to allowing direct access to a state highway. Figure 13: Shared Access on Major Roadways Section 18. Connectivity A. The street system of a proposed subdivision shall be designed to coordinate with existing, proposed, and planned streets outside of the subdivision as provided in this section. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided as deemed necessary by the City of Woodbum to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be prov'~ed with temporary tum-arounds or cul-de-sacs unless specifically exempted by the Public Works Director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land. C. Collector streets shall intersect with collector or arterial streets at safe and convenient locations and at intervals which meet the standards set forth in Section 5. Woodbum Access Management Ordinance - Page 20 Do Local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation, but such connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through traffic. Section 19. Private Roads A. Private roads may be permitted in accordance with the requirements of this section and the following general standards shall apply:. 1) Private roads that by their existence invite the public in shall have all traffic control features, such as striping or markers, in conformance with the Manual of Uniform Traffic Control Devices. 2) All properties served by the private road shall provide adequate access for emergency vehicles and shall conform to the approved local street numbering system. 3) All private roads shall be designated as such and will be required to have adequate signage indicating the road is a private road and not publicly maintained. 4) All private roads shall have a posted speed limit that complies with Oregon State Traffic Laws. 5) All private roads shall have adequate provisions for drainage and stormwater runoff. All private roads shall be approved by the Director of Public Works. 8B Ee Applications for subdivision approval that include private roads shall include a drainage plan and mad construction plan, prepared by a registered engineer. The City of Woodbum Public Works Official shall review private road plans for conformance with this ordinance. Construction permits are required for connection to public roads. Application for road construction shall be made concurrent with the creation of a lot that does not have frontage on a pubr= road. A mad construction permit shall be issued after approval of the private road plan and the entire length of the road shall be inspected during construction and upon completion. If found in conformance, a final use permit shall be issued. No building permit shall be issued for any lot served by a private road until the private road has been constructed and approved, so that all lots to be served by the private road have access to a public road. A road maintenance agreement, shall be reviewed by the City of Woodbum and the agreement be recorded with the deed of each property to be served by a common private road. The agreement shall provide for:. · 1) A method to initiate and finance a private road and maintain that road in good condition; 2) A method of apportioning maintenance costs to current and future users; 3) A provision that the City of Woodbum may inspect, and if necessary, require that repairs be made to the private road to ensure that safe access is maintained for emergency vehicles. If required repairs are not made within six months of date of notice, the City of Woodbum may make the necessary repairs and assess owners of parcels on the road Woodbum Access Management Ordinance - Page 21 aB'. DRAFT 7 for the cost of all improvements plus an administrative fee, not to exceed 25% of total costs; 4) A provision that the majority vote of all property owners on the road shall determine how the road is maintained except in the case of emergency repairs as outlined above; 5) A statement that no public funds shall be used to construct, repair, or maintain the road; 6) A provision requiring mandatory upgrading of the roadway if additional parcels are added to reach specified thresholds; and A provision that property owners along that road are prohibited from restricting or in any manner interfering with normal ingress and egress by any other owners or persons needing to access properties with frontage on that road. Fo No private mad shall be incorporated into the public road system unless it is built to public road specifications of the City of Woodbum. The property owners shall be responsible for bringing the road into conformance. G. All private roads shall have a sign and name meeting City of Woodbum standards and shall include the .following notice: "Private Road" "Not maintained by the City of Woodbum". H. An application fee will be established by the Director of Public Works to cover administrative, processing, and inspection costs. All purchasers of property served by a private road shall, prior to final sale, be notified that the property receives access from a private road that shall be maintained collectively by all property owners along that mad; that the City of Woodbum shall not be held responsible for maintaining or imprOving the private mad; and that a ~ight-of-way easement to provide the only access to that property has been recorded in the deed for that property. Section 20. Regulatory Flexibility The Planning Commission may permit departure from dimensional lot, yard, and bulk requirements of the zoning district where a subdivision or other development plan is proposed to encourage creativity in site design, protect natural resources, and advance the access objectives of this Ordinance. Such regulatory modifications under this section are not subject to variance approval by the Planning Commission. Section 21. Review Procedures A. See Zoning Ordinance Chapter 11 regarding site plan review procedure. Bo The City of Woodbum and/or the Oregon Department of Transportation reserves the right to require a traffic impact study (TIS) where safety is an issue, or where significant problems already exist, or where there are potential significant impacts to the existing street system. Upon review of the access application, and/or TIS, the City of Woodbum Planning Department may approve the TIS under application, approve with conditions, or deny the application and/or TIS. Woodbum Access Management Ordinance - Page 22 D. Any application that involves access to the state highway system shall be reviewed by the Oregon Department of Transportation (District 3 Office) for conformance with the State Access Management Policy and Standards. Where the applicant requires access to the State Highway System, development review shall be coordinated with the Oregon Department of Transportation, as follows: 1) The City of Woodbum Planning Department shall inform the developer what information 'will be required for access review. Information required of the applicant may vary depending upon the size and timing of the development, but shall at a minimum meet the requirements of this section. The City of Woodbum Planning Department may review the application for conformance with the provisions of this ordinance and provide a written evaluation and recommendation for approval, approval with conditions or denial of approval to the Oregon Department of Transportation for their consideration. 2) 'Upon review of the application, the Oregon Department of Transportation shall advise the City of Woodbum Planning Department whether to approve the access application as submitted, approve with additional conditions, or deny the application. E. If the application is approved with conditions, the applicant shall resubmit the plan with the conditional changes made. The plan, with submitted changes, will be reviewed within 10 working days and approved or rejected. Second applications may only be rejected if conditional changes are not made. F. If the access peffnit is denied, the City of Woodbum shall provide an itemized letter detailing why the application has been rejected. G. All applicants whose application is approved, or approved with conditions, have thirty days to accept the permit. Applicants whose permits are rejected or approved with conditions have ten (10) days to file an appeal with the Planning Commission. H. The city will notify and involve ODOT in the site plan review process for any major generators or other development not directly accessing a state highway but impacting existing intersections or connections. Section A. 22. Appeal Process In the event that the applicant is not satisfied with the decision of the City of Woodbum Planning Department and/or the Oregon Department of Transportation (ODOT) relevant to access to the state highway system, an appeal must be filed within ten (10) days of receiving the itemized letter from the City indicating the rejection or approval with conditions. B. The appeal must be presented in writing to the City of Woodbum Planning Department and clearly indicate why the decision rendered is not in conformance with a specific subsection of this ordinance. Such appeal shall be scheduled for public hearing and reviewed by the Planning Commission. C. Any such appeal shall adhere to those requirements in Chapter 12 (Adjustments) and Chapter 7 (Public Hearings) of the Woodbum Zoning Ordinance. D. An appeal of an access decision to a state highway must be directed to the ODOT Region 2 Manager for consideration through the Region 2 access review process. Woodbum Access Management Ordinance - Page 23 7 Section 23. Adjustments The granting of an adjustment shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored. B. Applicants for an adjustment from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. This shall include proof that: 1) indirect or restricted access cannot be obtained; 2) no engineering or construction solutions can be applied to mitigate the condition; and 3) no alternative access is available from a street with a lower functional classification than the primary roadway. Co Under no circumstances shall an adjustment be granted, unless not granting the adjustment would deny all reasonable access, endanger public health, welfare or safety, or cause an exceptional and undue hardship on the applicant. No adjustment shall be granted where such hardship is self-created. 1/23/97 a:~accmng.d7 Woodbum Access Management Ordinance - Page 24 98 MEMO TO: THROUGH: FROM : DATE : SUBJECT: Mayor and City Council City Administrator Childs City Recorder Tennant ~%~ January 7, 1997 Adjustments to Hourly Rate Schedules RECOMMENDATION: Council adopt the accompanying Council Bill to establish a new compensation schedule for hourly employees. BACKGROUND: Council Resolution No. 1376, adopted July 22, 1996, established compensation schedules for all of our part-time and seasonal employees. The schedules set the base hourly wage at $4.75 which was the minimum wage in effect in July 1996. Subsequently, the November 5th general election included a state- wide ballot measure which provided for an increase in the State minimum wage law to be implemented as follows: January 1, 1997 January 1, 1998 January 1, 1999 $5.50 per hour $6.00 per hour $6.50 per hour This measure was adopted by the electorate and is now in effect state-wide. The new compensation schedules increase the minimum hourly wage to $5.50 with a 5% increase between steps. "Exhibit A" (Hourly Rates for Part-time and Seasonal Employees) involves only one change to the schedule that being in Range PT-1.0 which would provide an increase to Library Page employees (there are no DPR Clerks on staff at this time). "Exhibit B" (Park & Recreation Program Part- Time/Seasonal Employees) establishes the hourly rate schedule for a large number of recreation and aquatics personnel. The proposed schedule provides part-time/seasonal employees with a wage more commensurate with the duties they are required to perform in addition to minimizing the budgetary impact of this unanticipated mandated increase. HOURLY RATES FOR PART-TIME AND SEASONAL EMPLOYEES FISCAL YEAR 1996-97 - BEGINNING RANGE PT - 1.0 STEP A STEP B STEP C STEP D STEP E 4.75 4.99 5.24 5.51 5.79 DPR CLERK LIBRARY PAGE PT - 7.0 7.85 8.24 CLERK I 8.05 8.46 CUSTODIAN 8.24 8.65 LIBRARY ASSISTANT PT - 8.5 8.46 8.88 CLERK II PT - 10.0 PT - 10.5 PT -- 11.0 PT - 12.0 9.09 9.54 RSVP ASSISTANT 9.32 9.79 CLERK III 9.54 10.02 BUS DRIVER 10.02 10.52 SENIOR SECRETARY 8.65 9.09 9.54 8.88 9.32 9.79 9.09 9.54 10.02 9.32 9.79 10.28 10.02 10.52 11.05 10.28 10.79 11.33 10.52 11.05 11.60 11.05 11.60 12.18 PT - 13.0 PT - 13.5 PT - 14.0 PT - 15.0 PT - 15.5 10.52 11.05 EVIDENCE TECHNICIAN WASTEWATER LAB HELPER 10.79 11.33 LIBRARIAN 11.05 11.60 UTILITY WORKER I PERMIT SPECIALIST 11.60 12.18 ENGINEERING TECH. II DRAFTSMAN' 11.90 12.49 WWTP OPERATOR I CODE ENFORCEMENT OFFICER 11.60 12.18 12.79 11.90 12.49 13.12 12.18 12.79 13.43 12.79 13.43 14.10 13.12 13.78 14.47 9B CLASSIFICATION PARK & RECREATION PROGRAM PART-TIME/SEASONAL EMPLOYEES Effective July 1, 1996 STEP A STEP B STEP C STEP D STEP E Aquatic Aide Recreation Aide Park Aide 4.75 4.99 5.24 5.51 5.79 4.99 5.24 5.51 5.79 6.08 Lifeguard Recreation Leader Office Assistant 5.24 5.51 5.79 6.08 6.39 5.51 5.79 6.08 6.39 6.71 Water Safety Instructor Recreation Assistant 5.79 6.08 6.39 6.71 7.05 Aquatics Center Clerk 6.08 6.39 6.71 7.05 7.41 Park Maint. Laborer Recreation Prgm. Mgr. 6.39 6.71 7.05 7.41 7.79 Special Projects Program Manager 7.05 7.41 7.79 8.18 8.59 9B COUNCIL BILL NO. RESOLUTION NO. 1770 A RESOLUTION RE-ESTABLISHINGTHE COMPENSATION SCHEDULES FOR HOURLY AND SEASONAL EMPLOYEES. WHEREAS, the City Council is obligated per Section 11 of the Woodburn City Charter to establish compensation for each City officer and employee, and WHEREAS, on July 22, 1996, the City Council enacted Resolution No. 1376 which established a 1996-97 hourly wage schedule for certain city employees; and WHEREAS, a state-wide measure was adopted by the voters at the November 5, 1996 general election which increased the minimum, wage paid to employees effective January 1, 1997; and WHEREAS, the City Council recognizes the need to adopt a hourly wage schedule to maintain compliance with State law and maintain proper equity compensation between classifications; now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The hourly range schedules for part-time and seasonal employees (Exhibit A), and Park & Recreation part- time/seasonal employees (Exhibit B) is hereby adopted effective January 1, 1997, a copy of which is attached for reference. Approved as to form.'~~ ~~ City Attorney Date APPROVED NANCY A. KIRKSEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. "EXHIBIT A" 9B HOURLY RATES FOR PART-TIME AND SEASONAL EMPLOYEES EFFECTIVE JANUARY 1, 1997 RANGE STEP A STEP B STEP C STEP D PT - 1.0 5.50 5.78 DPR CLERK LIBRARY PAGE 6.06 6.37 STEP E 6.69 PT - 7.0 7.85 8.24 8.65 9.09 9.54 CLERK I 9.32 PT - 7.5 8.05 8.46 8.88 CUSTODIAN 9.54 PT - 8.0 8.24 8.65 9.09 LIBRARY ASSISTANT 9.79 10.02 PT - 8.5 8.46 8.88 9.32 9.79 10.28 CLERK II 10.52 PT - 10.0 9.09 9.54 10.02 RSVP ASSISTANT 10.79 PT - 10.5 9.32 9.79 10.28 CLERK III 11.05 PT - 11.0 9.54 10.02 10.52 BUS DRIVER 11.60 PT - 12.0 10.02 10.52 11.05 SENIOR SECRETARY 11.05 11.33 11.60 12.18 PT - 13.0 10.52 11.05 11.60 EVIDENCE TECHNICIAN WASTEWATER LAB HELPER PT - 13.5 10.79 11.33 11.90 LIBRARIAN PT - 14.0 11.05 11.60 12.18 UTILITY WORKER I PEPd~IT SPECIALIST PT - 15.0 11.60 12.18 12.79 ENGINEERING TECH. II DRAFTSMAN PT - 15.5 11.90 12.49 13.12 WWTP OPERATOR I CODE ENFORCEMENT OFFICER 12.18 12.49 12 . 79 13.43 13.78 12.79 13 · 12 13.43 14.10 14.47 "EXHIBIT B" PARK & RECREATION PROGRAM PART- TIME / SEASONAL EMPLOYEES Effective January 1, 1997 9B CLASSIFICATION STEP A STEP B STEP C STEP D STEP E Cashier Lifeguard Recreation Aide Park Aide Office Assistant 5.50 5.79 6.08 6.39 6.71 Head Lifeguard Recreation Leader 5.79 6.08 6.39 6.71 7.04 Aquatics Center Clerk Water Safety Instructor Recreation Assistant 6.08 6.39 6.71 7.05 7.41 Parks Maint. Laborer Recreation Prgm. Mgr. 6.39 6.71 7.05 7.41 7.79 6.71 7.05 7.41 7.79 8.18 Special Projects Program Manager 7.05 7.41 7.79 8.18 8.59 10A MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator ~ Ordinance Defininq and Requlatinq Public Riqhts-Of-Wav January 24, 1997 RECOMMENDATION: Approve accompanying Council Bill (ordinance) further defining and regulating public rights-of-way within the City of Woodburn. BACKGROUND: This proposed ordinance is based on a model ordinance provided by the League of Oregon Cities (LOC). Please refer to attached letter from Larry Griffith, LOC President. Although, to differing degrees, numerous state statutes and our own Charter address the City's authority to regulate the public rights-of-way, this ordinance is designed to clarify and strengthen such authority. Among other things, cities like Woodburn are statutorily authorized to collect franchise fees from certain utilities whose infrastructure occupies public rights-of-way. As alluded to in the LOC letter, in a rapidly changing telecommunications industry it is important that a city's authority in this regard be clearly understood by emerging providers of alternative telecommunications technologies. IOA January 13, 1997 i,r/ivuhl~' _eague of Oregon Oit~es oo31 Government Center 201 Court St NE, Ste 200 ~alem, OR 97301 ) O Box 928 ;alern, OR 97308 503) 588-6550 or -800-452-0338 :ax: (503) 399-4863 ~-rnail: Ioc@orlocaigov org PRESIDENT Larry Griffith, Councilor Baker 0ily VICE PRESIDENT Craig Lomnicki, Mayor Mi~waukie TREASURER Bob McPheeters, Mayor Tillamook PAST PRESIDENT Alice Schlenker Lake Oswego Steve Bryant, City Manager Albany Charlie Hales, Commissioner Portland Phil Houk, Councilor Per~dleton Mike Jordan, City Administrator L0u Ogden, Mayor Richard C Townsend Prinled on Recycled Paper Dear City Manager, Administrator or Recorder: Enclosed is a model ordinance defining and regulating "Public Rights-Of-Way." As deregulation of utility services continues, we believe that this type of ordinance provides Oregon cities with a first step to developing a clear and broad-based description of its jurisdiction over all publicly-owned and managed rights-of-way. The League is advising member cities to review their existing authority to manage public rights-of-way, and after conferring with their city attorney, to use this model ordinance where necessary to clarify its management responsibilities for its rights-of-way. This ordinance is based on code provisions drafted by Tom Sponsler, Gresham City Attorney, and adapted by Jonathan Groux, League law clerk. It has also been reviewed, and recommended, by city officials assisting League staff in developing policies and legislative positions in the areas of telecommunications deregulation and electricity service restructuring. A model telecommunications ordinance is also being developed by League staff and city telecommunications experts. This ordinance will: help cities comply with the 1996 federal Telecommunications Act; promote competition; manage rights-of-way; establish guidelines and standards; and assure that cities receive fair and reasonable compensation for use of public rights-of-way. Staff is also conferring with local officials to develop.a model ordinance to manage the siting of cellular towers, antennae, and above-ground storage facilities. We expect to be able to provide both of these documents to member cities within the next two months. Sincerely, Larry Griffith, LOC President Councilor, Baker City LG:sh cc: City Attorneys IOA COUNCIL BILL NO. ORDINANCE NO. 1 772 AN ORDINANCE ASSERTING JURISDICTION OVER THE PUBLIC RIGHTS-OF-WAY WITHIN THE CITY UNDER THE AUTHORITY OF CITY CHARTER AND STATE LAW; EXERCISING PUBLIC AUTHORITY OVER SAID RIGHTS-OF-WAY; REQUIRING PERMISSION TO USE RIGHTS-OF-WAY; AND DECLARING AN EMERGENCY. WHEREAS, the legal deregulation of utility services is a continuing trend; and WHEREAS, there is a need to clarify the city's existing jurisdiction over all publicly owned and managed' rights-of-way; and WHEREAS, this ordinance clarifies the city's position and provides notice to all entities of the city's scope of regulatory control within said rights-of-way; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. ~. For the purpose of this ordinance, the following mean: City: The city of Woodburn, Oregon. Person: Individual, corporation, association, firm, partnership, joint stock company, and similar entities. Public ri(]hts-of-wav: Include, but are not limited to, streets, roads, highways, bridges, ~lleys, sidewalks, trails, paths, public easements and all other public ways or areas, including subsurface and air space over these areas. Wil~hin ~he city: Territory over which the city now has or acquires jurisdiction for the exercise of its powers. Section 2. ~lL!.~. The city of Woodburn has jurisdiction and exercises regulatory control over all public rights-of-way within the city under the authority of the city charter and state law. Section 3. Sco~)e of Reaulatorv Control. The city has jurisdiction and exercises regulatory control over each public right-of-way whether the city has a fee, easement, or other legal interest in the right-of-way. The city has jurisdiction and regulatory control over each right-of-way whether the legal interest in the right-of-way was Page I - COUNCIL BILL NO. ORDINANCE NO. IOA obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means. Section 4. CiW Permission Requirement. No person may occupy or encroach on a public right-of-way without the permission of the city. The city grants permission to use rights-of-way by franchises, licenses and permits. Section 5. Obliqations of the City. The exercise of jurisdiction and regulatory control over a public right-of-way by the city is not official acceptance of the right-of- way, and does not obligate the city to maintain or repair any part of the right-of-way. Section 6. ~;everabilitv. Invalidity of a section or part of a section of this ordinance shall not affect the validity of the remaining sections or parts of sections. Section 7. I~merQencv Clause. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and 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: ~$! N. Robert Shields City Attorney Date APPROVED: Nancy A. Kirksey, 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. MEMO TO: FROM: SUBJECT: DATE: City Council through the City Administrator Public Works Director~( ~ Resolution of Intent to Im--~0ve Parr Road January 22,1997 lOB RECOMMENDATION: Approve attached resolution of intent to improve Parr Road that sets the public hearing date on March 24, 1997. I~ACKGROUND: Woodbum School District requested the creation of a Local Improvement District to improve Parr Road because the new school is being constructed in the area. As a concr~)n of approval, Woodbum School District and Parr Acres Mobile Home Court is required to participate in the Local Improvement District. The creation of a 'Local Improvement District' requires that the city follow a defined process outlined below'. 1. City council directs staff to prepare an engineer's report for its review. 2. Preliminary engineering is performed so that the engineer's report with proper assessment could be forwarded to the city council. 3. If the engineer's report is acceptable, city council may direct staff to prepare a "Resolution of Intent to Improve." 4. City Council approves a "Resolution of Intent to Improve' that defines the Local Improvement District boundary and sets a date for the required public hearing. City council holds a public hearing on the project and receives input from affected property ow13ers. If more than 50% of the property owners approve lhe project, then city council may direct staff to bring an ordinance that authorizes improvement cost assessment against the benefitted properties in the Local Improvement District. 7. After assessment ordinance has been approved, city council may authorize sale of bond to generate revenue to pay for the project or, on smaller projects, city council may allow borrowing of funds from other city sources on a temporary basis. 8. After assessment ordinance has been approved, city staff completes the final engineering plans and contract document, advertises the project, and bids are received. 9. Staff makes recommendation to council to award the contract to the lowest responsible bidder and construction activities take place under the supervision of Engineering. 10.The last step of the process is performed by the Finance Department by completing the final assessment process by placing the assessment amounts on the city docket. N EXT_T___.~ 5. STEP · 6. Page 1 - Parr Resolution ~ Jan 1997 We have completed step three and public input will take place in the regular council meeting of March 24. Unless something unforeseen occurs, the Parr Road improvement construction activities will take place in the summer of 1997. 1OB Bac ~Ic?ound Information on Major Policies Used 1. Front footage method for a 34' wide street has been used as the basic assessment method. This means that property assessment is based on the cost for 34' wide local street, and not on the cost for 39' wide collector street; however, the school will pay the cost for the additional five feet street width fronting their property and also the school will pay for the bikeway fronting their property. The properties which already have sidewalk along a public street on one side have been assessed only one-half (V2) the cost of sidewalk improvement along Parr Road sidewalk improvement. 3. Driveways are assessed against the property they serve. The assessment cost for the properties outside the city's jurisdiction is calculated similar to other properties, but the initial cost has been equally divided between the school district and the city. This is because the school proiect necessitated the improvement and the city is unable to assess the properties because of jurisdictional problems. If these properties pay for the cost as paCt of an annexation in a recommended period of ten (1 O) years, or due to other negotiations, then the original cost to the school and city will be reimbursed equally at one-half (Ih) of the amount collected. A standard subdivi~'on lot, which has previously paid for a public road fronting the lot and is not having dixect access to the proposed collector road, is not assessed for this collector street. 6. No property other than the city and school will pay for the bikeway unless the project fronting park property is induded for construction in the future. A considerable amount of the city's capacity improvement funds will be used to supplement assessment monies so that this high priority project could be accomplished and at least two years' allocation of state fund exchange monies will be utiliTed for getflemier/Parr Road intersection. GST:lg Page 2 - Parr Resolution ~ Jan 1997 " lOB COUNCIL BILL NO. 1773 RESOLUTION NO. A RESOLUTION OF INTENT TO IMPROVE PARR ROAD, 100 FEET WEST OF SETTLEMIER AVENUE, TO THE WEST BOUNDARY OF THE SCHOOL DISTRICT PROPERTY, ADOPT THE LOCAL IMPROVEMENT DISTRICT, ESTABLISH A PUBLIC ltEARING DATE, AND ADOPT THE METHOD OF ASSESSMENT. WHEREAS, the Woodburn School District submitted written request that the Local Improvement District be initiated for the improvements of Parr Road; and WHEREAS, as a condition of land use approval, Woodbum School District and Parr Acres Mobile Home Park are required to participate in the Local Improvement District; and WHEREAS, the City Council considers the improvement of Parr Road to be necessary and beneficial; and WHEREAS, the City Council has authority to initiate the Local Improvement District improvement and procedure process as per Ordinance # 2105; and WHEREAS, the City Council, by approving Resolution No. 1358 on June 10, 1996, directed the City Engineer to prepare the engineering report for the improvements; and WHEREAS, the City Council reviewed and approved the engineering report on December 9,1996; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Council deems it necessary and expedient and hereby declares its intention to order the following improvements on Parr Road. The improvements to be assessed through the Local Improvement District procedure start at the west boundary line of the Woodburn School District property, tax lot 500, and end at a point 100 feet west of the centerline intersection of Parr road and Settlemier Avenue. The street is proposed to be widened to a 39 foot improved surface from curb to curb, including storm sewers, five foot sidewalks on both sides and a 10 foot wide bike path on the south side. All work will comply with the City of Woodbum standards and specifications. A vicinitymap is included and incorporated herein as Appendix "A" The improvement of Parr Road from a point 100 feet west of the centerline intersection of Settlemier Avenue and both intersections of Front Street and Settlemier Avenue will by funded by city resources as capacity improvement and this portion of the project is not part of the assessment district Page 1 - COUNCIL BILL NO. RESOLUTION NO. lOB and therefore the cost of the improvement will not be assessed against the properties within the LID. Settlemier Avenue will be widened to a 36 foot improved surface, including storm sewer, five foot sidewalks and a 10 foot bike lane on Parr Road. The Settlemier intersection will also be constructed with mm lanes and Front Street intersection will be realigned with Parr Road. All work will comply with the City of Woodburn standards and specifications. Section 2. BOUNDARY OF THE PROPOSED LOCAL IMPROVEMENT DISTRICT: The property subject to the assessment of this district will be those properties within the city boundary, fronting the unimproved portion of Parr Road, from the west boundary of the School District Property and to a point 100 feet west of the centerline intersection of Parr Road and Settlemier Avenue. These properties, along with two properties that do benefit from the improvements but are located out of the city limits, are listed in Section 3 below. Property not within the city boundary at this time, but within the Local Improvement District boundary and fronting an unimproved portion of Parr Road which will benefit from this improvement, will be required to reimburse the properties funding this improvement upon annexation into the city, if annexation takes place within a 10 year period from the date of the Council passage of the final assessment ordinance. Section 3. PROPERTIES IN LOCAL IMPROVEMENT DISTRICT: The following properties are listed by Tax Lot Numbers and are located in Section 13. Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon. TAX LOT NO. OWNER 500 102 103 100 400 plan) WOODBURN SCHOOL DISTRICT DETOM GENERAL PARTNERSHIP DETOM GENERAL PARTNERSHIP SMITH, HAZEL M-TRUSTEE (Not part of city's MONNIER,RONALD & DEBRA assessment payment The following properties are located in Section 18, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon. 1300 1100 3300 2400 2300 1400 HOPE LUTHERAN CHURCH OF WOODBURN HOPE LUTHERAN CHURCH OF WOODBURN BODUNOV, LAZAR & SANDRA MARTINEZ, VIRGINIA GARDNER, NORMA HILL, GLENN & VIRGINIA Page 2 - COUNCIL BILL NO. RESOLUTION NO. lOB 3400 5700 5800 7400 7300 7200 7100 7000 6900 YBARRA, MANUEL & BENITA WAGENMANN, TODD & KAREN BEJARANO, ALMA CITY OF WOODBURN LOPEZ, YOLANDA VSHIVKOFF, LUKA & ANASTASIA RIOS, EMILIO & HERMILINDA MANSELL, MARVIN & MARIA LOPES, DAMASO & CATALINA Section 4. THE 1~ENEFITED PROPERTIES NOT LOCATED WITHIN THE CITY BOUNDARY. SUBJECT TO PAYMENT OF REIMBURSEMENT FUNDS UPON ANNEXATION WITHIN A 10-YEAR PERIOD OR NEGOTIATED PAYMENT PLAN. The following properties are listed by Tax Lot Numbers and are located in Section 13. Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon. The properties are within the Local Improvement District but are not with the current city boundary. TAX LOT NO. OWNER 100 400 SMITH, HAZEL M-TRUSTEE MONNIER, RONALD & DEBRA Section 5 PROPOSED METHOD OF ASSESSMENT: The proposed method of assessment is based on the front footage adjacent to Parr Road. The project cost will be broke down into separate categories and assessed accordingly. The categories of assessment are listed as per the following; A. Sidewalk improvement B. Bikelane improvement C. Driveway approach improvement D. Street improvement (standard residential 34' wide improvement) E. Capacity improvement (additional 5 foot width and schedule II improvement) F. Property outside city boundary (to be included in school and city assessment) Page 3 - COUNCIL BILL NO. RESOLUTION NO. , lOB The city council, at their discretion, may postpone or eliminate one of the above categories, such as the bikelane, if this should become necessary to complete the project. Section 6 COST ESTIMATE: The engineer's estimate is broken into two sections. Schedule lb is calculated from a point 100 feet west of the centerline intersection of Parr Road and Settlemier Avenue, to the west boundary of the school district property and is the project area to be assessed through the Local Improvement District. Schedule II improvements include the Parr/Settlemier/Front Street intersections, a portion of Settlemier Street, and a portion of Parr Road 100 feet west of the Settlemier intersection. This portion of the project will not be assessed against properties within the LID district. ENGINEERS ESTIMATED COST: Schedule lb, Engineers Estimated Cost; = $648,889.00 Schedule II, Engineers Estimated Cost; = $231.929.00 PROJECT TOTAL = $880,818.00 The project cost has been estimated for the intended construction season of 1997. The actual cost may vary depending on the market conditions. Section 7 COST DISTRIBUTION: SCHEDULE lb; The cost is intended to be divided between properties located within the Local Improvement District and the City of Woodbum Excluding the school district property, the benefitting properties adjacent to an unimproved portion of Parr Road will only be assessed for a standard residential section which will include a 34 foot wide improved surface curb to curb, storm sewer, and street lighting. The additional five foot improved section will be considered a capacity improvement. The school district property will be assessed for the Page 4 - COUNCIL BILL NO. RESOLUTION NO. lOB standard 34 foot wide residential section and the additional 5 foot widened capacity improved portion of the road fronting their property. The city will fund the cost oftbe widened portion of the road not fronting school district property. The sidewalk costs and driveway approach cost are estimated and assessed separately from the street improvement assessment so that it can be distributed fairly to benefitting fronting property. The properties which already have a sidewalk along a public street on one side will be assessed only one-half (½) the cost of the fronting sidewalk improvement on Parr Road, the City will fund the remaining one- half cost. Driveways are assessed against the property which they serve. The bikelane costs are to be funded by the School District and the City only, the School District will be assessed for the bikelane fronting their property, the dty will fund the remaining portion. The portion of the improvement not included in the assessment to the benefitted properties except the school district property is the 10 foot wide bike path, the additional five feet of street surface improvement, and the additional asphaltic concrete in excess of the standard two and one half inch residential thickness. Except that portion of the above improvements being assessed against the school district property, city resources will be used to fund these improvements. SCHEDULE I1 The improvement cost is intended to be funded by the city resources as a capacity improvement and will not be assessed against properties within the Local Improvement District. Section 8 ASSESSMENTS: PRELIMINARY INDIVIDUAL ESTIMATED PROPERTY The estimated breakdown of improvement costs and the methodology of its distribution are within the engineering report approved by the City Council on December 9, 1996. The following preliminary individual estimated property assessment amounts have been calculated using these costs and methodology, the preliminary assessments are estimates only. The City Engineer will use the actual construction cost for the final assessment. A estimated assessment map is included as Appendix "B-1" and "B-2" and incorporated herein. Page 5 - COUNCIL BILL NO. RESOLUTION NO. lOB ESTIMATED PROPERTY ASSESSMENTS PROPERTY TAX OUTSIDE LOT SIDEWALK BIKELANE APPROACH STREET CAPACITY! CITY TOTAL (Widened section) 500. $17,764.56 $38,823.84 $8,085.79, $122,265.93 $50~576.00 $26,840.04 $264,356.16 102 $3,525.98 $0.00 $2,410.19 $25,301.22 $0.00 $0.00 $31,237.39 103 $10,232.64 $0.00 $0.00 $64,450.26 $0.00 $0.00 $74,682.90 1300 $4,854.96 $0.00 $2,099.20 $33,272.69 $0.00 $0.00 $40,226.85' 1100 $1,007.42 $0.00 $0.00 $6,345.26 $0.00 $0.00 $7,352.68 7400 $2,114.641 $0.00! $0.00 $13,319.05 $0.00 $0.00 $15,433.69 2300 $1,387.58 $0.00 $0.00 $0.00 $0.00{ $0.00 $1,387.58 1400 $1,441.44 $0.00 $0.00 $0.00 $0.00 $0.00 $1,441.44 3300 $823.20 $0.00 $0.00 $0.00 $0.00 $0.00 $823.20 2400 $795.17 $0.00 $0.00 $0.00 $0.00 $0.00 $795.17 3400 $594.00 $0.00 $0.00 $0.00 $0.00 $0.00 $594.00 5700 $712.80 $0.00 $0.00 $0.00 $0.00 $0.00 $712.80, 5800 $594.00 $0.00 $0.00 $0.00 $0.00 $0.00 $594.00 7300 $712.80 $0.001 $0.00 $0.00 $0.00 $0.00 $712.80 7200 $633.60 $0.00 $0.00 $0.00 $0.00 $0.00 $633.60 7100 $633.60 $0.00 $0.00 $0.00 $0.00: $0.00 $632t.60 7000 $633.60 $0.00 $0.00 $0.00 $0.00 $0.00 $633.60 6900 $396.00 $0.00 $0.00 $0.00 $0.00 $0.00 $396.00 TOTAL $48~857.99 $38~823.84 $12~595.18 $264~954.41 $50~576.00 $26~840.04 $442~647.46 ESTIMATED ASSESSMENT, PROPERTY OUTSIDE CITY BOUNDARY TAX SIDEWALK BIKELANE APPROACH STREET TOTAL LOT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT 400 $1,520.64 $0.00 $1,477.21 $11,473.34 $14,471.19 102 $0.00 $0.00 $0.00 $39,208.90 $39,208.90 TOTAL $17520.64 $0.00 $1~477.211 $50~682.24 $53~680.09 Page 6 - COUNCIL BILL NO. RESOLUTION NO. lOB Section 9 PRELIMINARY ESTIMATED CITy ASSESSMENTS: The estimated breakdown of improvement costs and the methodology of its distribution are within the engineering report approved by the City Council on December 9, 1996. The following preliminary individual estimated property assessment amounts have been calculated using these costs and methodology, the preliminary assessments are estimates only. The City Engineer will use the actual construction cost for the final assessment. ESTIMATED CITY PROJECT COST REMAINING SCHEDULE lb SCHEDULE H PROPERTY SIDEWALK STREET BIKELANE CAPACITY CAPACITY OUTSIDE TOTAL COST COST COST COST COST CITY COST COST $6~528.77 $100~100.54 $31~601.16 $41~174.00 $231~929.00 $26~840.05 $438~170.54i Section 10 SOURCES OF FUNDS TO BE UTILIZED- Project construction will be supported utilizing Local Improvement District property assessments and City Council approved support funds and State Surface Transportation Program (S.T.P.) fund exchange monies. 1. LID PROPERTY ASSESSMENTS Note: Includes city portion of $15,45:5.69 for Tax Lot 7400 2. CITY RESOURCES A. TIF/SDC FUNDS (System Dev. Charges) B. SIDEWALK SUBSIDY (from State Gas tax) CITY TOTAL FUNDS 3. STATE S.T.P. FUND EXCHANGE FUNDING TOTAL $442,647.46 $291,641.77 + $ 6,528.77 = $ 298,170.54 $140.000 $ 88o,sts Page 7 - COUNCIL BILL NO. RESOLUTION NO. lOB Section 11 FUNDING METHODS: The project construction will be supported utilizing various funding sources. The main sources being the LID property assessments, the State STP fund exchange, and the Council approved city sources such as system development charges and others. To pay for the construction costs to the selected contractor, the city may utilize one or a combination of the alternatives below: PRE-ASSESS THE PROPERTIES. Main Funding Method: The City Council authorizes the use of the pre-assessment method of the LID properties as a fixed source of funding and the city support fund and state STP funds as a variable source offimding. This is the simplest method for all to understand and the city to administer, the charges will be known ahead of time, reassessment and redistribution of cost to the properties by a public heating would not be required upon completion of the construction. ~,~ B) OTHER SOURCES 1. The city may issue construction warrants and/or sell revenue bonds. (Note: Revenue bonds can be sold only if Council approves a dedicated source of income.) 2. Assessment fund may borrow money from some other city fund and return it with interest currently being offered by the banks on similar investments. Section 12 INTEREST RATE The Finance Director is authorized to develop a schedule and charge in interest rate which does not exceed one-half (1/2) percent above the estimated net effective rate of the bond sale. Section 13 PAYMENT DURATION AND AMOUNTS: The benefitted property owners may pay their share of remaimng balance any time in a period not to exceed ten years ora Council approved alternate. The semi-annual payments be 1/20 of the benefitted share cost or an approved alternate plus interest, plus yearly handling charges. A typical estimated payment plan is included as Appendix "C" and incorporated herein. Section 14 CONTRACT METHOD The contract award will be in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279 and the laws, regulations of the City of Woodburn. Page 8 - COUNCIL BILL NO. RESOLUTION NO. lOB Section 15 PUBLIC HEARING The City Council will hold a public hearing on the proposed Local Improvement District on March 24, 1997 at 7:00 PM in the Council Chambers of the City Hall. Section 16. That the City Recorder of the City of Woodbum is hereby directed to give legal notice &the City Council's intention to make the proposed improvements and schedule the public hearing as outlined in the Section 15 above. Approved as to form'~~' (~//x~~ City Attorney Date Approved: Nancy A. Kirksey, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder Page 9 - COUNCIL BILL NO. RESOLUTION NO. APPENDIX "A"-- APPENDIX "B- 1" = APPENDIX "B-2"-- APPENDIX "C"-- APPENDIX INDEX VICINITY MAP ASSESSMENT MAP, INSERT "A" TYPICAL PAYMENT PLAN lOB lOB --m ,'lOB ! I : I I : Z ITl 'Il IIIIIllllllllllllllllllllllll Illlllll lllllllllllllllJlllllllllllllll lllllllllllllllllllllllllJ = / / Z ,,lOB. APPENDIX "C" PARR ROAD LID TYPICAL SEMI-ANNUAL PAYMENT PLAN 10 YEAR TERM ( Based on Assessment Amount) PAYMENT $500.00 7.00% $35.18 $1000. O0 7.00% $70.36 $5000.00 7.00% $351.81 $10,000.00 7.00% $703.61 $25,000.00 7.00% $1,759.03 $50,000.00 7.00% $35,18.05 $100,000.00 7.00% $70,,36.11 $150,000.~ 7.00% $10,554.16 $2~,000.00 7.~A $14,072.22 $250,000.00 7.00% $17,590.27 Note: any other payment amount can be determined by proportion TO: FROM: SUBJECT: DATE: City Council through the City Administrator Public Works Director ~ Resolution of Intent to Improve Downtown Alley Janua~ 22,1997 10C RECOMMENDATION: Approve attached resolution of intent to improve the downtown alley that sets the public hearing date on March 10, 1997. Approved Engineering Report options being followed- a. At least one of the options out of the three presented would need to be eliminated after the public hearing and before the bid documents are finalized. b. Assessment proposal is based on 50 percent cost sharing by property owners and 50 percent by the city utilizing state revenue sharing funds. BACKGROUND: The downtown alley improvement project has been high on the priority list of the city council, and the summer of 1997 has been the target date for its improvement. The proposed project will not only improve the surface of the alley, it will also resolve drainage problems. The water line will be replaced by the city crew prior to the start of contracted work. The proposed resolution contains the framework and terms that were defined in the engineering report were approved by the council on October 28, 1996. Staff does not see any problem in constructing this project in the summer of 1997, if approved by the council after the public input process is complete. GST:Ig ALLEY\RESOLU. CC · " 10C COUNCIL BILL NO. 1774 RESOLUTION NO. A RESOLUTION OF INTENT TO IMPROVE THE ALLEY BETWEEN HARRISON STREET AND WEST HAYES STREET, ADOPT THE LOCAL IMPROVEMENT DISTRICT, ESTABLISH A PUBLIC HEARING DATE, AND ADOPT THE METHOD OF ASSESSMENT. WHEREAS, Representatives of certain businesses in the Downtown Area have requested the city improve the alley; and WHEREAS, the City Council considers the improvement of the alley to be necessary and beneficial; and WHEREAS, the City Council has authority to initiate the Local Improvement District improvement and procedure process as per Ordinance # 2105; and WHEREAS, the City Council instructed the City Engineer to prepare the engineering report for the improvements; and WHEREAS, the City Council reviewed and approved the engineering report on the downtown alley improvement on October 28.1996; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Council deems it necessary and expedient and hereby declares its intention to order the following improvements on the Alley. The improvements to be assessed through the Local Improvement District procedure start at West Hayes Street and end at Harrison Street. The Alley driving surface is proposed to be improved with a hard surface of either Portland cement concrete or asphaltic concrete material., the improvement will include correcting drainage problems by connecting existing roof drains to the storm sewer, installing inlets. Depending on which driving surface is provided, a concrete sidewalk may also be provided. All work will comply with the City of Woodburn standards and specifications. The improvement of the Alley also will require the replacement of the existing lead joint water line within the Alley, this will be done by City resources and will not be assessed against the properties within the local improvement district. Section 2. BOUNDARY OF THE PROPOSED LOCAL IMPROVEMENT DISTRICT; The property subject to the assessment of this district will be those properties fronting the Alley from centerline of West Hayes Street to the centerline of Harrison Street. A vicinity map showing the properties within the assessment district is attached to this resolution as appendix "A" and which is incorporated herein.. Page 1 - COUNCIL BILL NO. RESOLUTION NO. lOC Section 3. PROPERTIES IN LOCAL IMPROVEMENT DISTRICT: The following properties are listed by Tax Lot Identification Numbers and are located in Section 07. Township 5 South, Range 1West of the Willamette Meridian, Marion County, Oregon. TAX LOTNO. 92010-000 92010-010 92010-020 92010-030 92010-040 92010-050 OWNER Sauvain, Charles Flomer, Thomas J. Eagle Newspaper Inc. Coman, Edward E. Sauvian, Charles Sauvian, Charles The following properties are located in Section 18, Township 5 South, Range 1 West &the Willamette Meridian, Marion County, Oregon. TAXLOTNO. 92010-060 92010-070 92010-080 92010-090 92010-100 92010-110 92010-120 92010-150 92010-152 92010-160 92880-000 92880-010 92880-020 92880-030 92880-040 92880-050 92880-080 92880-100 OWNER Woodbum Lodge #102 IOOF Endelman, William K & Alice M. Crar¢ia, Fransisca & Ireneo Eaden, Vernon & Carol Hanson, Edward J. & Helen Quintero, Luis & Luisa Macmillan, Rob & Wolf, Jaclyn Sanehez, Maximino & Robelia Hague, Kenn A. Sanehez, Maximino & Robelia Lindenmuth, David & Jennifer Sawtelle, Robert L. Sawtelle, Robert L. Budunov, Dennis & Vassa Webser, Joyce E. Sawtelle, Robert L. Pena, Guadalupe Verbin, Konstantin & Maria Page 2 - COUNCIL BILL NO. RESOLUTION NO. 10C Section 4 PROPOSED METHOD OF ASSESSMENT; The proposed method of assessment is based on the lineal front footage adjacent to the Alley. The total project cost will be divided among the total front footage of properties within the Local Improvement District and assessed accordingly. Section 5 COST ESTIMATE; The engineer's estimate is provided with three options, one &these options or a combination of, must be selected during or before the public hearing. ENGINEERS ESTIMATED COST: PROJECT TOTAL Option #1, Construct Alley driving surface of Portland cement concrete, includes curbs, drainage and intersection improvements = $117,600.00 Option #2, Construct Alley driving surface of Asphaltic concrete, includes curbs, drainage and intersection improvements. = $109,200,00 Option #3, Construct Alley driving surface of Portland cement concrete, with concrete sidewalks for pedestrian traffic, includes curbs, drainage and intersection improvements = $127,200.00 The project cost has been estimated for the intended construction season of the summer of 1997. The actual cost may vary depending on the market conditions. Section 6 SELECTION OF OPTION: The Primary option must be selected at the conclusion of the public hearing so that contract documents from the public bidding process could be prepared. Page 3 - COUNCIL BILL NO. RESOLUTION NO. 10C Section 7 COST DISTRIBUTION; The cost is intended to be divided between properties located within the Local Improvement District and the City of Woodbum. The benefitting properties adjacent to the improved portion of the Alley only be assessed for 50% of the project cost, the City will fund the remaining 50°/6 of the assessment cost. Section 8 PRELIMINARY INDIVIDUAL ESTIMATED PROPERTY ASSESSMENTS. The estimated breakdown of improvement costs and the methodology of its distribution are within the engineering report approved by the City Council on October 28, 1996. The following preliminary individual estimated property assessment mounts have been calculated using these costs and methodology, the preliminary assessments are estimates only. The City Engineer will use the actual construction cost for the final assessment. Option #1 ESTIMATED PROPERTY ASSESSMENTS OPTION #1 OPTION #1 PROPERTY CITY OPTION #1 TAX LOT NO. PROPERTY 50% 50% ASSESSMENT OWNER SHARE SHARE SUB TOTAL 92010-000 SAUVAIN, CHARLES $4,900.00 $4,900.00 $9,800.0C 92010-010 FLOMER, THOMAS $4,900.00 $4,900.00 $9,800.0(~ 92010-020 EAGLE NEWSPAPER INC. $2,450.00 $2,450.00 $4,900.0(1 92010-030 COMAN, EDWARD $2,450.00 $2,450.00 $4,900.00 92010-040 SAUVAIN, CHARLES $2,450.00 $2,450.00 $4,900.00 92010-050 SAUVAIN, CHARLES $2,450.00 $2~450.00 $4,900.00 92010-060 WOODBURN LODGE IOOF $1,225.00 $1,225.001 $2,450.00 92010-070 ENDELMAN, WILLIAM $1,592.50 $1,592.50 $3,185.00 92010-080 GARCIA, FRANSISCA ,$1,102.50 $1,102.50 $2,205.00 92010-090 F-ADEN, VERNON $980.00 $980.00 $1,960.00 92010-100 HANSON, EDWARD $2,450.00 $2,450.00 $4,900.00 92010-110 QUINTERO, LUIS $1,225.00 $1,225.00 $2,450.00 9201 0-120 MACMILLAN, ROB $1,225.00 $1,225.00 $2,450.00 92010-150 3ANCHE. Z, MAXIMINO $27450.00 $2,450.00 $4,900.00 92010-152 'HAGUE, KENN $4,900.00 $4,900.00 $9,800.00 92010-160 SANCHEZ, MAXIMINO $2,450.00 $2,450.00 $4,900.00 92880-000 LINDENMUTH, DAVID $3,185.00 $3,185.00 $6,370.00 92880-010 SAWTELLE, ROBERT $1,078.00 $1,078.00 $2,156.001 92880-020 SAWTELLE, ROBERT $1,029.00 $1,029.00 ~;2,058.0{: Page 4 - COUNCIL BII.I. NO. RESOLUTION NO. 10C 192880-030 BUDUNOV, DENNIS $2,058.00 $2,058.00 $4,116.0{~ 92880-040 WEBSER, JOYCE $2,450.00 $2,45o.oo! $4,9oo.oG 92880-050 SAWTELLE, ROBERT $3,675.00 $3,675.00 $7,350.0{~ 92880-080 PENA, GUADALUPE $1,225.00 $1,225.00 $2,450.0l~ 92880-100 VERBIN, KONSTANTIN $4,900.00 $4,900.00 $9,800.0{; TOTAL $S8,800.00 ~581800.00 ~117,600 OPTION #2 ESTIMATED PROPERTY ASSESSMENTS OPTION #2 OPTION #2 PROPERTY CITY OPTION #2 TAX LOT NO. PROPERTY 50% 50% ASSESSMENT OWNER SHARE SHARE SUB TOTAL 9201 0-000 SAUVAIN, CHARLES $4,550.00 $4,550.00 $9,100.00 92010-010 FLOMER, THOMAS $4,550.00 $4,550.00 $9,100.00 92010-020 EAGLE NEWSPAPER INC. $2~275.00 $2,275.00 $4,550.00 92010-030 COMAN, EDWARD $2,275.00 $2,275.00 $4,550.00 92010-040 SAUVAIN, CHARLES $2,275.00 $2,275.00 $4,550.00 92010-050 SAUVAIN, CHARLES $2,275.00 $2,275.00 $4,550.0~ 92010.-060 WOODBURN LODGE IOOF $1,137.50 $1,137.50 $2,275.0(1 92010-070 ENDELMAN, WILLIAM $1,478.50 $1,478.50 $2,957.0~ 92010-080 GARCIA, FRANSISCA $1,023.75 $1,023.75 $2,047.5(~ 92010-090 EADEN, VERNON $910.00 $910.00 $1,820.0(: 92010-100 HANSON, EDWARD $2,275.00 $2,275.00 $4,550.0(: 9201 0-110 QUINTERO, LUIS $1,137.50 $1,137.50 $2,275.00i 92010-120 VlACMILLAN, ROB $1,137.50 $1,137.50 $2,275.00 9201 0-150 SANCHEZ, MAXIMINO $2,275.00 $2~275.00 $4,550.00 92010-152 HAGUE, KENN $4,550.00 $4,550.00 $9,100.00 92010-160 SANCHF-.Z, MAXIMINO $2,275.00 $2,275.00 $4,550.00 92880-000 LINDENMUTH, DAVID $2,957.50 $2,957.50 $5,915.00 92880-010 iSAWTELLE, ROBERT $1,001.00 $1,001.00 $2,002.00 92880-020 SAWTELLE, ROBERT $955.50 $955.50 $1,911.00 92880-030 BUDUNOV, DENNIS $1,911.00 $1,911.00 $3,822.00 92880-040 INEBSER, JOYCE $2,275.00 $2,275.00 $4,550.00 92880-050 SAWTELLE, ROBERT $3,412.50 $3,412.50 $6,825.00 92880080 PENA, GUADALUPE $1,137.50 $1,137.50 $2,275.00 92880-100 VERBIN, KONSTANTIN $4,550.00 $4,550.00 $9,100.00 TOTAL ~;54~599.75 $54~599.75! ~;109~200 Page 5 - COUNCIL BILL NO. RESOLUTION NO. 10C OPTION #3 ESTIMATED PROPERTY ASSESSMENTS OPTION #3 OPTION #3 PROPERTY CITY OPTION #3 TAX LOT NO. PROPERTY 50% 50% ASSESSMENT OWNER SHARE SHARE SUB TOTAL 920104)00 SAUVAIN, CHARLES $5,300.00 $5,300.00 $10,600.00 92010-010 FLOMER, THOMAS $5,300.00 $5,300.00 $10,600.00 92010-020 EAGLE NEWSPAPER INC. $2,650.00 $2,650.00 $5,300.00 92010-030 COMAN, EDWARD $2,650.00 $2,650.00 $5,300.00 92010-040 SAD'VAIN, CHARLES $2,650.00 $2,650.00 $5,300.00 92010-050 SAD'VAIN, CHARLES $2,650.00 $2,650.00 $5,300.00 92010-060 WOODBURN LODGE IOOF $1,325.00 $1,325.00! $2,650.00 92010-070 ENDELMAN , WILLIAM $1,722.50 $1,722.50 $3,445.00 92010-080 GARCIA, FRANSISCA $1,192.50 '$1,192.50 $2,385.0(~ 92010..090 EADEN, VERNON $1,060.00 $1,060.00 $2,120.0~ '92010-100 HANSON, EDWARD $2,650.00 $2,650.00 $5,300.0~ 92010-110 (~UINTERO, LUIS $1,325.001. ~$1,325.00 $2,650.0~ 92010-120 MACMII,LAN, ROB $1,325.00: $1,325.00 $2,650.0~ 92010-150 SANCHEZ, MAXIMINO $2,650.00 $2,650.00 $5,300.(E 92010-152 HAGUE, KENN $5,300.00 $5,300.00 $10,600.00! 92010-160 SANCHEZ, MAXIM1NO $2,650.00 $2,650.00 $5,300.00 92880--000 LINDENMUTH, DAVID $3,445.00 $3,445.00 $6,890.00 92880-010 SAWTELLE, ROBERT $1,166.00 $1,166.00 $2,332.00 92880-020 SAWTELLE, ROBERT $1,113.00 $1,113.00 $2,226.00 92880-030 BUDUNOV, DENNIS $2,226.00 $2,226.00 $4,452.00 92880-040 WEBSER, JOYCE $2,650.00 $2,650.00 $5,300.00 92880-050 SAWTELLE, ROBERT $3,975.00 $3,975.00 $7,950.00 92880-080 pENA, GUADALUPE $1,325.00 $1,325.00 $2,650.00 92880-100 VERBIN, KONSTANTIN $5,300.00 $5,300.00 $10,600.00 TOTAL $63~600.00 $63~600.00 $127~200 Page 6 - COUNCIL BILL NO. RESOLUTION NO. 10C Section 9 SOURCES OF FUNDS TO BE UTILIZED Project construction will be supported utilizing Local Improvement District property assessments and City Council approved support funds. OPTION #1 OPTION #2 OPTION #3 1. LID PROPERTY ASSESSMENTS $58,800.0 $54,599.75 $63.600.0 2. CITY RESOURCES(State Rev. Sharing) $58.800.0 $54,599.75 $63,600.0 TOTAL FUNDS $117,600 $109,200 $127,200 Section 10 FUNDING METHODS: The project construction will be supported utilizing the LID assessments to the benefited properties and the state revenue sharing funds. To pay for the construction costs to the selected contractor, the city may utilize one or a combination of the alternatives below: PRE-ASSESS THE PROPERTIES. Main Funding Method: The City Council authorizes the use of utilize the pre-assessment method of the LID properties as a fixed source of funding and the city state revenue funds be used as a variable source of funding. This is the simplest method for all to understand and the city to administer, the charges will be known ahead of time, reassessment and redistribution of cost to the properties by a public heating would not be required upon completion of the construction. Page 7 - COUNCIL BII J. NO. RESOLUTION NO. 10C B) OTHER SOURCES 1. The city may issue construction warrants and/or sell revenue bonds. (Note: Revenue bonds can be sold only if Council approves a dedicated source of income.) 2. Assessment fund may borrow money from some other city fund and return it with interest currently being received on similar investmems. Section 11 INTEREST RATE The Finance Director is authorized to develop a schedule and charge in interest rate which does not exceed one-half(I/2) percent above the estimated net effective rate of the bond sale. Section 12 PAYMENT DURATION AND AMouNTS: The benefitted property owners may pay their share of remaining balance any time in a period not to exceed ten years of a Council approved alternate. The semi-annual payments be 1/20 of the benefitted share cost or an approved alternate plus interest, plus yearly handling charges. Typical semi-annual payment plan is included as Appendix "B" and incorporated herein. Section 13 CONTRACT METHOD The construction contract will be awarded to the lowest responsible bidder and it will be in conformance with ORS Chapter 279 and Woodbum laws relating to public works construction. The replacement of the lead joint water line and minor construction activities will be performed by the city crews. Section 14 PUBLIC HEARING The City Council will hold a public heating on the proposed Local Improvement District on March 10, 1997 at 7:00 PM in the Council Chambers of the City Hall. Section 15. That the City Recorder of the City of Woodbum is hereby directed to give notice of the City Council's intention to make the proposed improvements and schedule the public hearing as outlined in the Section 14. Page 8 - COUNCIL BILL NO. RESOLUTION NO. .. 10C City Attorney Date Approved: Nancy A. Kirksey, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder Page 9 - COUNCIL BILL NO. RESOLUTION NO. X 10C APPENDIX "B" ALLEY LID TYPICAL SEMI-ANNUAL PAYMENT PLAN 10 YEAR TERM (Based on Assessment Amount of 50% of project cost) ASSESSMENT INTEREST SEMI-ANNUAL $500.00 7.00% $35.18 $1000.00 7.00% $70.36 $5000.00 7.00% $351.8 l $10,000 7.00% $703.61 $25,000 7.00% $1759.03 Note: Semi-annual payment for assessment amount not shown above could be determined by proportion ASSESSMENT/PAYMENT AMOUNT 10 YEAR TERM (Based on Front Footage, Option # 1 and 50% of project cost) Property 50% Semi-Annual Frontage Assessment Payment Amount 'Amount 20 lineal feet $980.00 $68.95 25 lineal feet $1,225.00 $89.19 50 lineal feet $2,450.00 $172.38 75 lineal feet $3,675.00 $258.58 100 lineal feet $4,900.00 $344.77 City of Woodburn Police Department STAFF REPORT 1OD 270 Montgomery~ Ken Wright/J /C / Chief of Po Woodburn, Oregon 97071 (503) 982-2345 January 17, 1997 To.' Mayor and Council C. Childs, City Administrator Recommendation The Council recommendation renewal of the listed liquor licenses and refer for public hearing the determination of liquor license renewal of the licenses of Chu's Eatery and Playa de Oro. Public hearing to be at the regular Council meeting of February 24, 1997. Annually the city reviews all establishments that are licensed to sell liquor within the city. The police department has completed review of 1996 activities. All reviews were completed in accordance with Council Resolution 1379, dated 080896 establishing guidelines and procedures for liquor license recommendations. Through establishment of guidelines and procedures the City Council ensures equitable and consistent treatment of liquor license applications. The adoption of policy protects the interest of the general public providing consistent direction to staff in the processing of liquor license applications. The following liquor license applications were reviewed according to the standards for police department recommendations as described in Resolution 1379. Those standards are: Oregon law provides criteria to be used by OLCC for license refusal which can be adopted into criteria for police department recommendations. The specific offenses are: (D) Standards for Police Department Recommendations > > > > Fights or assaults Liquor law violations by the licensee or their employees Excessive or obtrusive noise Illegal drug use or sales on the premises Trespass on private property Public Dnmkenness Failure of the Licensee to takes appropriate action to prevent or control problems caused by patrons on the premises or within the local vicinity. (E) Evaluation of Guidelines and Criteria (1) A recommendation to deny the renewal application will be made when there are persistent problems involving the types of police calls listed above related to the sales or service of alcohol. page 1 of 3 1OD (2) The police department will automatically recommend denial of a renewal application when there is a record of ten arrests, in the prior 12 months, of employees or patrons of the licensed business for unlawful activities related to the sale or service of alcohol under the license either on the premises or in the immediate vicinity. (3) Actions by the licensee which might tend to mitigate the problems should be considered by the City Council. Examples of mitigating actions are seeking and following recommendations by the OLCC, or police, and increased security measures. (4) In addition to the criteria previously outlined, a recommendation for denial of a license renewal may be made when there are persistent problems involving police calls related to the sales or service of alcohol not stemming from calls for assistance from the establishment, within the preceding twelve months, concerning unlawful activities by employees and patrons of the licensed business, either on the licensed premises or in the immediate vicinity thereof. (5) The recommendation by the police department is only one component of the liquor license recommendation process. Community input is a significant factor in a complete review of applications by the Council. With all licensing activities, it must by remembered that the City recommends and OLCC grants or denies. The following licenses are recommended for approval: PACKAGE STORES: AM/PM Mini Mart Bi-Mart Crossroads Deli Gary's Market Payless Lind's Plaza Market OLCC Store #60 Piper's Jewelry Roth's IGA Salvadore's Bakery I Salvadore's Bakery II Shop N Kart 7-11 Store Westview Texaco Woodbum Chevron Young Street Market Safeway Store CLASS "B" DISPENSERS: Eagle's Lodge Woodburn Elks RETAH. MALT BEVERAGE: Abby's Pizza Inn Sally's Pizza Members Club Inc. Senior Estates Country Club Woodburn Lanes Pizza Hut *La Unica *Corner Sports Pub *Raven Inn Pizza Cabana Denny's CLASS "A" DISPENSERS: The Pier Yun Wah Chinese Restaurant Chung Sing Restaurant *Those establishments denoted by "*" have compliance plans because of past problems or conduct of employees, patrons or high incidents of problems within the immediate area. It is recommendation of the police department the above listed establishment receive a favorable recommendation for renewal of their liquor license for the year 1997. page 2 of 3 The following licensed businesses qualify for consideration by the council for violation of resolution 1379 application. Should the council determine there is sufficient evidence to provide a denial recommendation to OLCC public hearing will be convened at the next council meeting to hear evidence. 1OD Two licensees, Chu's Eatery and Playa de Oro, meet Council criteria for a police department recommendation of denial. Activities that warrant the denial recommendations are listed as follows. Chu's Eatery The police responded to sixty (60) calls for service at Chu's Eatery in the year 1996. Of the sixty CFS eighteen arrests were made. Eighteen arrests meets the criteria set by the City Council in resolution 1379 which states that the police department will automatically recommend a denial of a renewal application when there is a record of ten arrests, in the prior 12 months, of employees or patrons of the licensed business for unlawful activities related to the sale or service of alcohol under the license either on the premises or in the immediate vicinity. Of the sixty calls for service 41 were noise complaints resulting from a neighboring residence. Council resolution provides specifically identified offenses of which excessive or obtrusive noise is listed. Of the sixty calls for service one response resulted in citations issued to patrons of Chu's for disorderly conduct and harassment and the owner for maintaining a disorderly establishment. The owner has pled "no contest" to maintaining a disorderly establishment in municipal court. This action would meet the council criteria of specified offenses to include: fights or assaults, liquor law violations by the licensee or their employees, failure of the licensee to take appropriate action to prevent or control problems caused by patrons on the premises or within the local vicinity. Playa de Oro In July 1996 the current licensee, Lincoyan & Alba Cea, requested a change of ownership for Play de Oro. Purchase of the business was from Salvador Rodriguez. The change of ownership investigation was completed and forwarded to the Council for favorable recommendation in September 1996. Because of a history of persistent problems at the location and in the area the license approval was attached with a Compliance Plan to include twelve restrictions. These restrictions were approved by the OLCC, see attached memo from OLCC. Based upon investigations by both the Woodbum Police and OLCC investigators numerous violations have been identified between July and October 1996. As a result of the identified violations on January 9, 1997 the OLCC issued a notice of license fine/suspension to the owners. Between January 2 and January 6, 1997 the police department responded to Playa de Oro on two occasions. January 2 - domestic disturbance involving both licensees. Investigation confirmed a verbal argument and that the compliance restriction of having a operational video tape operating during all hours of operation was in violation. January 6 - Assault IV, Possession of Controlled Substance (Cocaine), Possession of Controlled Substance (Marijuana). Officers arrested licensee for domestic assault and drug charges. Licensee was transported and lodged in Marion County Jail. page 3 of 3 o IOD May 14, 1.996 Salvador Rodriquez PLAYA DE ORO (DA) 5553 N. Front Street Woodbum, OR 97071 Request to-Modify Restriction Dear Mr. Rodriquez: LIQUOR CONTROL COMMISSION The Commissioners of the Oregon Liquor Control Commission have approved your request to modify the license restriction that required you to stop the sale, service and consumption of alcoholic liquor after 7:30 p.m. seven days a week. The Commissioners' approval is based on: The steps you have taken over the past fourteen months to eliminate compliance problems at your premises; The limited number of incidents at your premises; and The recommendation from Woodbum Police Chief Ken Wright to the Woodburn City Council to approve the renewal of your liquor license. In accordance with your request, the Commission has changed this restriction to require you stop the sale, service and consumption of alcoholic 6everages at midnight seven days per week. Your license continues to bear the following restrictions: Licensee must employ a security officer Thursday through Sunday, 6:00 p.m. to closing. The security officer will patrol the immediate vicinity of the premises every hour, cooperate with the Woodbum Police Department in prosecuting people engaged in illegal activities, and searching people suspected of possession of weapons or illegal drugs. The security officer must wear clothing or an emblem that readily identifies him/her as a security officer. Licensee will maintain an incident log and '86 list, and keep them available for review by employees, the police, and Commission staff. The incident log will list, by date and time, all disturbances and illegal activities that occur on the premises or in adjacent areas under the licensee's control. Entries will describe what happened, who was involved, and what action was taken to resolve the problem. Licensee or a Commission approved manager will be on premises during all hours of operation. · ' IOD PLAYA DE ORO (DA) Page 2 · 4. TI~ manager must be approved by the Commission prior to performing management duties. Licensee will post a sign informing patrons that weapons and illegal drugs are not allowed on the premises. o Lice_nsee will permanently bar (' 86) all patrons who engage in fights and illegal activities. No sale, service or consumption of alcoholic beverages after midnight (12 a.m.) daily. Licensee will receive documented drug familiarization instruction from Woodburn Police Department annually. o Licensee will meet monthly, or more often when appropriate, with Woodburn Police to identify crime trends in the vicinity of the premises, efforts needed by Licensee to alleviate public safety concerns, and implement solutions. 10. No amplified music is allowed on the premises. 11. 12. Licensee will cooperate with Woodburn Police Department in the prosecution of all illegal activities, including providing statements, evidence, and/or information from surveillance cameras. Licensee will provide two halogen, or equivalent, light fixtures in the vicinity of the alley entrances into the lounge. Licensee will have the lights on during ail business hours between dusk and dawn. Sincerely, Carol Reese License Process Technician ¢: Inspector Schnoebelen Investigator Forbes File Restriction Desk 1OD REFEP,~ENCE: Agreement to License Restriction. applied. I the owner Lincoyan A. Cea agree to comply with all License Restriction MEMO 15A TO: FROM: SUBJECT: DATE: City Council Through City Administrator Public Works Program Manager ~~ Future Grant Awards For Transit Programs January 22, 1997 The city on December 19, 1996 received from the state results of the competition for Public Transit grants that cover the period from 1998 until 2001. The city received grant funds for all significant projects that were submitted as part of this program. Following is a brief description of each project and the time period for which it was approved. These projects will become part of ODOT's next Statewide Transportation Improvement Program. A request for another paratransit van was approved for 1999 in the amount of $50,000. State funding of 80% of this project was approved. This project is required for the city to come into compliance with the Americans With Disabilities Act (ADA) and had been initially requested for 1998. The city will continue to work with the state to determine if this project can be moved back a year to help the city come into compliance with ADA. A request for a new transit bus to add a second fixed route was approved for 2000 in the amount of $135,000. State funding of 80% was also approved for this project. In conjunction with this project the city had requested $60,000 for a planning project to guide implementation of the second route and to explore possibilities of connecting the city's service to that of Portland or Salem. The state allocated grant funding of $35,000 or about 58% of the total project cost. These two projects are components of the city's approved Transportation System Plan. Staff will continue to monitor these grant projects to insure that state funding remains available and timing is appropriate for the city's needs. COUNCIL BILL NO. 1775 RESOLUTION NO. 1401 A RESOLUTION AUTHORIZING AN EMPLOYMENT AGREEMENT WITH N. ROBERT SHIELDS AS CITY ATTORNEY AND REPEAUNG RESOLUTION 1371. WHEREAS, Chapter III, Section 10 of the City Charter provides for the Council appointment of a City Attorney as an officer of the City, and WHEREAS, N. Robert Shields has previously held the position Woodburn City Attorney as a regular employee and currently serves by contractual appointment per Resolution 1371; and WHEREAS, the City Council has determined that the interest of the City is best served by the employment of a full-time City Attorney, and WHEREAS, the City Council has further determined that a full-time salaried position will be more cost-effective than additional contracted services, and WHEREAS, N. Robert Shields is imminently qualified and familiar with the city's operations and pending litigation to provide this continuation of City Attorney services in the most effective manner; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor and City Administrator are authorized to execute an employment agreement for City Attorney, a copy of which is attached hereto for reference. Section 2. That N. Robert Shields be reaffirmed in his appointment as City Attorney with all powers and duties prescribed in Section 24 of the City Charter and any other requirements prescribed by laws of the State of Oregon. Section 3. That Resolution 1371 shall be repealed effective 11:59 p.m. on May 31, 1997. / .APPROVED: ~'~ NANCY KIR~SEY; I~AYOR Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Mary Tenn;tfit, City Recorder City of Woodburn, Oregon January 27, 1997 Januarv 28. 1997 January 28, 1997 January 28, 1997 Page I - COUNCIL BILL NO. 1775 RESOLUTION NO. 1401 TO: MEMO Mayor and City Council FROM: Chris Childs, City Administrator ~4~.~ SUBJ.: City Attorney EmDIoyment Agreement DATE: January 27, 1997 RECOMMENDATION: 1. Add this item to agenda as General Business #10-F. 2. Approve accompanying Council Bill No. 1775 (resolution) entering into an employment agreement with N. Robert Shields to function as full-time City Attorney following specified transition period. BACKGROUND: Council members have long advocated the need for a full-time City Attorney due to the increased volume and increasing complexity of legal issues facing the City. Woodburn is presently the 26th largest city in the State of Oregon and routinely has to deal with complicated 'big city' concerns. The proposed agreement represents the employment terms negotiated by Mr. Shields and a Council subcommittee composed of Councilors Jennings, Figley and Pugh, along with any subsequent modifications proposed by independent counsel. With the concurrence of the subcommittee, the proposed agreement was reviewed on behalf of the City by Robert L. Engle of the Woodburn firm of Engle & Schmidtman. The agreement in its present form is satisfactory to Mr. Shields. It is important to note the Transition Schedule incorporated into the agreement. Mr. Shields has certain other contractual commitments that need to be brought to closure. Pursuant to the Transition Schedule, Mr. Shields' availability to the City will gradually increase from the 26 contractual hours (per week) identified in the existing contract to the point of conversion to a salaried full-time employee on June 1, 1997. As noted in a previous staff report, the added costs (incurred in the present 1996-97 fiscal year) during the transition period and the month of full-time employment will be addressed through the supplemental budget process or possibly by reappropriation from other underexpended General Fund appropriations. I recommend Council approval of this Council Bill. Note: This resolution and the proposed agreement were not included with the Council agenda packets distributed prior to the meeting due to delays and difficulties in obtaining final clarification regarding some technical points in the agreement. We believe these have now been resolved and the accompanying draft does represent the agreement between the parties. I regret any inconvenience this short timeline may present. MEMO TO: MAYOR AND COMPANY FROM: N. ROBERT SHIELDS, CITY ATTORNEY RE: COUNCIL BILL NO. 1775 - CITY ATTORNEY AGREEMENT DATE: JANUARY 27, 1997 Council Bill No. 1775 authorized my employment as full-time city attorney. While I look forward to this opportunity, I again have an ethical obligation to advise you that I have a conflict of interest on this matter and cannot give you legal advice. The City has retained attorney Bob Engle to review the proposed agreement and provide legal advice. NRS/kv cc: Chris Childs, City Administrator EMPLOYMENT AGREEMENT N. ROBERT SHIELDS CITY ATTORNEY OF WOODBURN THIS AGREEMENT made and entered into this 28th day of January , 1997, by and between the City of Woodburn, Oregon, an Oregon municipal corporation, hereinafter referred to as "City" and N. Robert Shields, hereinafter referred to as "City Attorney", both of whom agree as follows: RECITALS WHEREAS, city is a municipal corporation, duly organized under the statutory authority of the State of Oregon; and WHEREAS, City Attorney has previously been appointed by the city Council, pursuant to the Woodburn city Charter, and has provided legal services as a private practitioner and an independent contractor; and WHEREAS, city desires that city Attorney s appointment continue and has determined that it is more cost effective to hire City Attorney as an employee so that city's increasing need for legal services can be better addressed; and WHEREAS, City Attorney is willing to discontinue his private practice and enter into an employment relationship with city on the terms and conditions contained herein; and WHEREAS, city and city Attorney desire to enter into a written employment agreement that creates a professional and businesslike relationship, that serves asa basis for effective communication, and that avoids any misunderstanding between the parties as to the terms of this employment relationship; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: AGREEMENT 1. GENERAL. City hereby agrees to employ N. Robert Shields as the city Attorney of Woodburn. He shall devote full time to the performance of his duties beginning June 1, 1997 and shall not perform any additional legal services without permission from the City Administrator, except that City Attorney, during the transition period, hereinafter defined, shall be allowed to honor all of his existing contractual commitments and to conclude his now existing private practice. Employment Agreement - N. Robert Shields 2. TER~ ~ TI~ANSITION. A. This Agreement is effective and intended to bind the parties on the date of its execution by the parties. The term of City Attorney's full time employment, as specified in Section 1 herein, shall commence June 1, 1997 and shall end May 31, 2002 unless earlier terminated by the parties in accordance with the terms hereof. B. City Attorney shall maintain his private law office and continue to provide legal services to City as an independent contractor until May 31, 1997. During this interim period, legal services shall be provided pursuant to City's now existing contract with city Attorney, as modified by the Transition Timetable prepared by the City Administrator. Said Transition Timetable is attached to this Agreement as Exhibit A and is by this reference incorporated herein. On June 1, 1997, City Attorney shall become an employee of City pursuant to the terms and conditions contained in this Agreement. C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of city, in accordance with the Woodburn city Charter, to terminate the services of city Attorney at any time, subject only to the provisions set forth in Section 11 of this Agreement entitled "Severance Pay". 3. TERMINATION FOR CAUSE. If city Attorney is terminated during the term of this Agreement for cause, City shall have no obligation to pay the aggregate severance sum designated in Section 11 entitled" Severance Pay." For the purposes of this Agreement "cause" is defined as follows: (A) Indictment for an illegal act. If such indictment does not ultimately result in conviction, then City Attorney shall receive severance pay in accordance with Section 11. If the indictment does ultimately result in a conviction, city Attorney shall not receive severance pay; or (B) Loss by city Attorney of his Oregon State Bar license, for any reason; or (C) Willful and material failure to observe or perform the duties of his employment hereunder; or (D) The determination by City that City Attorney has been guilty of fraud, dishonesty or any other act of misconduct in Derformance of City Attorney's duties on behalf of City. Such determination by City shall be made in accordance with disciplinary and grievance procedures set forth in the adopted personnel policies of the City in force and effect on the date of the alleged misconduct. 2 - Employment Agreement - N. Robert Shields 4. RESIGNATION. If City Attorney wishes to voluntarily resign his position during the term of this Agreement, he shall be required to give City ninety (90) days written notice of such intention. City Attorney will be available for consultation concerning ongoing legal matters and will not jeopardize the transition by City to a new attorney or the legal position of City. Consultation or further legal services furnished by said City Attorney after the term of employment has ended, due to resignation, shall be done on a fee basis which is mutually agreeable to City and City Attorney. 5. COMPENSATION. Beginning June 1, 1997, city agrees to pay City Attorney the following as compensation for the above-mentioned services as City Attorney: (A) Base compensation of $5,620 per month payable in monthly installments at the same place and time as other City employees are paid. (B) In addition to base compensation, City agrees to pay City Attorney any cost of living salary increases that are received by other employees employed as department heads of City. (C) Base compensation shall be subject to customary withholding of income taxes and shall be subject to the employment taxes required with respect to compensation paid by City to an employee. (D) City shall provide to City Attorney and City Attorney's spouse and children the same coverage and participation that City provides to other employees employed as department heads of City with respect to health insurance, life and disability insurance, and other fringe benefits, except as otherwise provided herein. 6. RETIREMENT. City Attorney shall be placed in the City's ICMA 401 (a) Money Purchase Plan retirement program for Executive Management personnel. Based upon his prior years of service and this Agreement, he will be placed in the Plan as a fully vested employee. Beginning June 1, 1997, contributions on behalf of City Attorney will be calculated and remitted in the same manner as for other employees. 7. SICK LEAVE, VACATION AND ADMINISTRATIVE LEAVE. Based upon his prior years of service and this Agreement, City Attorney shall be considered an employee with fifteen (15) years of employment for the purposes of accruing vacation. Beginning June 1, 1997, City Attorney shall accrue vacation at the rate of twenty (20) days per year. Thereafter, he will continue to accrue vacation, sick leave, and administrative leave in accordance with the personnel rules of the City. 3 - Employment Agreement - N. Robert Shields 8. ANNUAL EVALUATION. city Council shall evaluate the work performance of City Attorney annually in or around the month of July each year beginning July 1998. The city Council shall communicate its evaluation to the City Attorney in Executive Session. 9. OREGON STATE BAR LICENSE. City Attorney shall maintain throughout the life of this Agreement, a valid Oregon State Bar license as required by the State of Oregon in order to practice law and appear before the courts of this-State. In accord with past practice, beginning January 1998 city shall pay City Attorney's annual Bar dues. 10. SEVERANCE PAY. Except for City Attorney's termination for cause, as defined in Section 3 of this Agreement, City Attorney shall be entitled to receive a lump sum payment equal to six months salary in the event City Attorney is terminated by City during the term of this Agreement. Termination by City, as used in this paragraph, means City Attorney's discharge or dismissal by City, for reasons other than cause, or City Attorney's resignation following a request to him by the City Council that he resign, for reasons other than cause. Said sum shall be paid to City Attorney within thirty days of the next regular City Council Meeting after said termination. 11. PROFESSIONAL LIABILITY. City agrees that it shall defend, hold harmless, and indemnify City Attorney from all demands, claims, suits, action, errors, or other omissions in legal proceedings brought against City Attorney in his individual capacity or in his official capacity, or in his official capacity as agent or employee of city, provided the incident arose while City Attorney was acting within the scope of his employment. If in the good faith opinion of City Attorney, a conflict exists as regards to the defense of any such claim between the legal position of City and City Attorney, City Attorney may engage counsel, in which event, City shall indemnify City Attorney for the cost of legal counsel. 12. APPLICABLE LAW. This Agreement is construed under the laws of the State of Oregon and the Woodburn City Charter. 13. ATTORNEY FEES. In the event of any suit or action herein, the prevailing party in such suit or action shall be entitled to reasonable attorney fees to be fixed by the trial court, and if an appeal is taken from the decision of the trial court, such further sums as may be fixed by the appellate court as reasonable attorney fees in the appellate court, together with prevailing party costs and disbursements incurred therein. 14. SEVERABILITY. It is understood and agreed that if any part, term, or provision of this agreement is held by the courts to be illegal or in conflict with the laws of the State of Oregon, 4 - Employment Agreement - N. Robert Shields the validity of the remaining portion of the Agreement shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision. IN WITNESB WHEREOF, the Parties have executed this Agreement in duplicate and affixed their signatures. CITY OF WOODBURN Nancy A./Kirk-aey' / Mayor , A~ve~as to form by: Robert En~le Special C~.unsel for City CITY ATTORNEY N. Robert Shields Employment Agreement - N. Robert Shields TRANSITION TIMETABLE Effective upon execution of contract - increase contractual hours available to Woodburn from present 26 hours to 28 hours per week. Effective 3/1/97 - increase contractual hours available to Woodburn to ;31 hours per week, including addition of a third day physically on premises at Woodbu~n. Effective 4/15/97 - Increase contractual hours available to Woodburn to 34 hours per week. Effective 6/1/97 - Final transition to full-time salaried (40 hr./5 days per week) position. The above schedule shall not preclude the possibility of exceeding contracted weekly hours for special projects/situations approved by the Council (i.e. - Emmanuel Hospital, Mar-Dene, etc.), nor does it include civil forfeiture work performed under separate arrangement (which will presumably end on 5/31/97 and be incorporated into duties of full-time salaried position). Likewise, the above schedule shall not unreasonably preclude the City Attorney from periodically tending to other matters incidental to his transition, when necessary, on days that he would otherwise be scheduled to be present in Woodburn, with reasonable advance notice to, and concurrence by, the City Administrator. Note: "Break-even" point between cost of contracted services and cost of full-time salaried 40-hr. position is approximately 34-1/2 contracted hours per week.