Loading...
Agenda - 01/28/1991CITY OF 270 Montgomery Street · WO 0 D B URN Woodburn, Oregon 97071 · 982-5222 AGENDA WOODBURN CITY COUNCIL JANUARY 28, 1991 - 7:30 P.M. g CALL TO ORDER AND FLAG SALUTE ROLL CALL MINUTES A. City Council minutes of January 14, 1991. B. Planning Commission minutes of January 10, 1991. APPOINTMENTS AND ANNOUNCEMENTS A. Announcements 1. February 4th - 6:00 p.m., City Hall: Workshop Meeting to discuss wastewater treatment patent issues and other city operational concerns. 3_AA February 7th - 7:00p.m., City Hall, Budget Committee Meeting to receive the proposed 1991-92 preliminary budget. Starting with the February 11th Council meeting, the convening time will be 7:00 p.m. instead of 7:30 p.m. 4. OMSI exhibit on "Dinostories" at Ubrary 1/29 - 3/23. 4A.4 = B. PROCLAMATIONS 1. February - American History Month 2. January 28 - February I - Catholic Schools Week (Proclamations posted on bulletin board) COMMITTEE REPORTS A. Woodburn Comeback Campaign 4B.1 4B.2 Page 1 - Agenda, Woodburn City Council of 1/14/91 6. COMMUNICATIONS g A. Written - none BUSINESS FROM THE PUBLIC (This allows public to introduce items for Council consideration not already scheduled on the agenda.) 8. PUBLIC HEARING A. Revised Standards for Siting Manufactured Housing. 8A B. Ordinance Revisions on Public Notice Requirements. 8_.~B 9. TABLED BUSINESS 10. GENERAL BUSINESS A. Council Bill No. 1273: Resolution authorizing contractual services for city attorney. 10A B. Revised fee schedule for copies of public documents. 10B C. Acceptance of sewer line easement - Mr. P's Auto. 10C D. Reorientation of Code Enforcement and Police support functions. 10D 11. APPROVAL OF CLAIMS 12. PUBLIC COMMENT 13. NEW BUSINESS 14. SITE PLAN ACTIONS 15. STAFF REPORTS A. Front Street Parking 15A B. Abandonment of Water Well: Blain Street location. 15B C. Public Information - Water Test Results. 15C D. Water Master Plan Update. 15D E. Review of 1990 Statistical Report - Police Dept. 15E 16. MAYOR AND COUNCIL REPORTS 17. ADJOURNMENT Page 2- Agenda, Woodburn City Council of 1/14/91 COUNCIL MEETING MINUTES January 14, 1991 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 14, 1991. CONVENED. The Council met in regular session at 7:30 p.m. with Mayor Kyser presiding. 2002 0015 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kyser Flgley Galvin Hagenauer Jennings Sifuentez Steen Present Present Present Present (7:32 pm) Present Present Present Staff Present: city Administrator Quinn¢ City Attorney shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park and Recreation Director Holly, Police Chief Wright, Finance Director Gritta, Deputy Recorder Tennant. 0026 .0036 0056 0124 MINUTES. ~ENNINGS/SIFUENTEZ .... .approve the special Council meeting minutes of December 17, 1990; accept the Planning Commission minutes of December 13, 1990, the Recreation and Park Board minutes of November 29, 1990, the Downtown Associatio~ minutes of December 4 and 11, 1990, the Rural Fire District m~nutes of December 11, 1990, and the RSVP Advisory Council minutes of December 12, 1990. The motion passed unanimously. APPOINTMENTS TO THE pL;tNNING. COMMISSION. Mayor Kyser recommended the appointments of the following individuals to the Planning Commission: Chris Park, Position 6, ~e.rm expiration dgte. gf D~u~mb~ 1994; Therese Sprauer, Position 9, term expiration aa~e December 1993; Joe Guerra, Position 4( term exDiration.dat? of_D?cem~_e[ 1999; a99A~arlen Scott, Position 8,%erm expiration da=e cz uecemDer l~z. JENNINGS/SIFUENTEZ .... approve the appointmegts/reappointments as recommended. The motion passed unanimously. RESI~B'ATION OF CITY ATTORNEY SHIELDS.. Administrator Qui Shield's ' ' nn read Attorney resignation letter advising the Council of hi? intent to egt~r into pFivate law practice in Tualatin. During the translt~onal per~od, he expressed his ¥illingness to assist the city in legal matters through his r~vate office: . . ' ds be JENNINGS/HAG~AUER .... resignation of City Attorney Sh~el reluctantly accepted. The motion passed unanimously. Administrator Qu~nn advised the Council that he would be presenting a proposal at th~ ngxt regular meeting regarding contractual legal services aur~ng the transitional period. COMMITTEE REPORT - WOODBURN COMEBACK CAMPAI.GN.. Susan Packer advised the Council that the committee is in the organizing a family event to be held at the planning stages of Pix theater ~n the near future. Page 1 - Council Meeting Minutes, January 14, 1991 COUNCIL MEETING MINUTES January 14, 1991 TAPE READING 0162 PUBLIC H~aRING - BUSINESS REGISTRATION. Mayor Kvser declgred the public hearing open at 7:35 P.m.. Adminis%rator Qulnn reviewed the proposed ordinance which included several recent changes from the original draft ordinance. The proposed orainance would include rental homes within the definition of business if two or more homes are 1049 owned by the same individual. An initial registration fee of $50.00 would be imposed on a business with an annual renewal fee of $25.00. An individual who owns multiple businesses or locations would be required to register each business or location but would onIy pay one_registrati?~ ~ee.~ A ¥~919tion of the business registration ordinance woula De classlzlea as a civil infraction with a maximum fine of $500.00. Administrator Quinn also read a letter from the Woodburn Comeback Campaiqn supportinq the concept of a business registration ana suggested Ghat the ordinance contain language which would dedicate revenues generated to the enforcement of city ordinances. They also suggested that a plan be developed to address the displacement of individuals and families from rental units due to overcrowding of rental units. Wes Bauer, 1190 Randolph Rd., spoke in favor of the proposed business registration ordinance. Bob Post, 1136 Randolph Rd., also spo~e in favor of business registration, howeve~,.he expressed his concerns reggrding enforcement and public education of the required registration. Mike Bizon, 896 Kelowna, questioned the use of revenues generated by the proposed ordinance. Administrator Quinn stated that the revenues would be included in the general fund which supports the City's_code enforcement pro~rgm.. Nancy Kirksey, 1049 McKinley, spoke in iavor oz Dus~ness registration since it provides pertinent information to public officials relating to public, health and safety. David Trapp spoke in oppos%tion.to the business registration ordinance. He expressed his opinion that the proposed . ordinance would not solve current problems experienced within the City. Terry Withers, 182 S. Settlemier, stated.that he opposed the proposed ordinance as it is currently written. He also. submitted a letter from the Chamber of Commerce expressing their willingness to work with the Council to develop a business registration program which would b9 on a voluntary basis with no additional expense to the bus~ness owners. Len Kelley, 931 Gatch Street, stated that existing ordigances should provide the necessaFy enforcement tools to the City w~,,~ ~h]~shin~ a bus~ness registration ordinance. Carl Brown, 914 Mea~owvale, expressed hls.op~nlon =n a housing code needs to be adopted by the C~ty. He also favored a volunteer business registration program. A1 Sprauer, 245 Marshall~ objected to ~he exemption of wholesalers from the definition of business within the proposed ordinance. Charles Piper, 2625 Meadow Lane, stated that the Fire Department is already aware of hazardous materials located within the city and has a list of persons to contact at each business location. Page 2 - Council Meeting Minutes, January 14, 1991 COUNCIL MEETING MINUTES January 14, 1991 TAPE READING Jim Audritsh, 16775.Butteville Rd., also spoke in opposition to the proposed ordinance. He submitted letters of opposition to the C~uncil from the following individuals: (1~ Brenda Glodt, J s Restaurant; (2) Melvin Titchinen, Transit Homes of America' 3) James Audrltsh, Jim's Cleaning Ser¥ice; and (4) Tom & Lin~a Dishon, Dishon's Repair & Installation's. Paul Samarin, 830 Stark Street, opposed the inclusion of rental units under the proposed ordinance and suggested that this problem be addressed on an individual basis. Dan Brown, expressed his opposition to the proposed ordinance since it had no means of helping the City. The following individuals also spoke in opposition to the proposed ordinance citing similar concerns as expressed by individuals who spoke previously on the issue: Alvina Sanchez 671 Corby St.; Henry Jaeger, 1830 E. Hardcastle; Edie Bunch, ~225 E. Lincoln; Jerry Ostergarrd, 998 E. Cleveland; Des Hanarahn; and A1 Hilderbrand, 960 2609 3082 Tape 2 0367 0649 Earl Doman; Dale Nelson; Blaine Street. Administrator Quinn stated that the business registration ordinance was not designed as an enforcement orainance and would provide business information only. The staff will be drafting a housing ordinance to address the housing problems within the city. - ~ The public hearing was declared closed at 8:58 p.m.. Following the hearing, the Councilors briefly discussed the concerns addressed by the citizens. It was the consensus of the Council to modify the proposed ordinance and work with the business community in designing an acceptable business registration program. The Council recessed at 9:12.p.m. and reconvened at 9:18 p.m.. COUNCIL BILL 1271 - ORDINANCE AUTHORIZING ACCEPTANCE OF A LOAN IN THE AMOUNT OF $518,345.00 FROM T~E STATE ECONOMIC DEVELOPNRNT DEPARTMenT FOR lm~KASTRUCTURE IMPRO¥~ME~TS. Councilor Haqenauer introduced Council Bill 1271. The two readings of ~he bill were read by title only since there were no o~jections from the Council. Public Works Director Tiwari advised the Council that a public notice was published in the local newspaper as required Dy the State regarding the consideration of the loan acceptance by the Council. He reviewed the infrastructure improvements to be made with the loan and grant funds from the State. The loan consists of $233,345 to be repaid by the City and $285,000 to be repaid by property owners. . On roll call vote for final passage, the.b~ll passed unanimously. Mayor Kyser declared Council Bill 1271 duly passed with the emergency clause. COUNCIL BILL 1272 - RESOLUTION AUTHORIZING CITY ENGINEER TO INITIATE A LOCAL IMPROveMENT DISTRICT ENGINEERING REPORT R~L~TING TO A STORM DRAIN MAIN LINE TO MILL CREEK FROM hIGHWAY 214 AND PROGRESS WAY. Council Bill 1272 was introduced by Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kyser declared Council Bill 1272 duly passed. Page 3 - Council Meeting Minutes, January 14, 1991 COUNCIL MEETING MINUTES January 14, 1991 TAPE READING 0745 0774 0871 0899 0918 0981 1113 CLAIMS FOR THE MONTH OF DECEMBER 1990. SIFUENTEZ/FIGLEY .... approve issued during the month of December unanimously. Sharon Schmidt, 1493 Greenview Court, requested that Nelson Park be developed to accommodate the needs of children in that area. She also suggested that the No Loitering and No Parking signs located in the Mall 99 area be posted in the English, Spanish, and Russian languages. Councilor Steen stated that he would like to see the Council pursue the business registration proposal. Councilor Figley also expressed her desire to pursue a business registration program. Councilor Jennings briefly discussed the code enforcement program and suggested that civil infraction citations rather than warnings be issued to individuals who violate city ordinances. Councilor Hagenauer stated that the City should advise Goodwill that the area.around the trailer needs to be cleaned up daily. Mayor Kyser stated that he has asked the staff to prepare an updated public document fe? schedul~ for Council consideration at the next meeting. He also state~ that he should know by February 7th if the museum will be able to receive funding resources. In addition, he expressed his opinion that the only way to get a business registration program within the City is to do it at the Council level. .1207 ADJOURNMENT · The meeting adjourned at 9:48 p.m.. APPROVED Fred Kyser, Mayor ATTEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, January 14, 1991 MINUTES WOODBURN PLANNING COMMISSION JANUARY 10, 1991 1) 2) 3) 4) 5) ROLL CALL: President Mr. Johnson Present Commissioner Mr. Vallieres Present Commissioner Mrs. Warzynski Present Commissioner Mrs. Sprauer Absent Commissioner Mr. Shillig Present Commissioner Mr. Park Present Commissioner Mr. Rappleyea Present Staff Present Steve Goeckritz Barbara Sochacka Community Development Director City Planner MINUTES: Woodburn Planning Commission minutes of December 13, 1990 were accepted with the following correction, on page 3, under B, Commissioner Park asked if the Commission didn't stipulate that the site obscuring fence be a minimum of 6 feet. Woodburn City Council minutes of December 10, 1990 were accepted as written. Woodburn Downtown Association minutes of December 4, 1990 and December 11, 1990 were accepted as written. BUSINESS FROM THE AUDIENCE: None COMMUNICATIONS: None PUBLIC HEARINGS: A. Sign Ordinance Amendment Case #90-01 Staff presented the staff report on this case. Staff stated revisions attached to the agenda were specifically dealing with the off premise sign issue. Billboards would be allowed to be placed in Light Industrial zone areas, i.e., along I-5, along Front Street north of Hwy 214, some in the downtown area over by the feed mill. Commissioner Vallieres asked if signage along I-5 was controlled by the State. Terry Sandblast, Ackerly Communications, stated that the billboards along I-5 were controlled by federal legislation. They can be placed there if they were more than 615 feet away from the right away. He stated that he had concerns about the location within Woodburn, he would like to locate along 99E. Another concern he addressed was the size of billboard. He showed two diagrams that showed why 300 square feet of space is essential. President Johnson asked if they were able to carry their leases in commercial zones. Mr. Sandblast answered yes. He stated that in most jurisdictions they were allowed in commercial zones. President Johnson asked if there were any other questions of Mr. Sandblast. Commissioner Shillig commented that Highway 99E was already too crowded with signs. Commissioner Warzynski asked about the letter from Les Schawb, if they were planning on putting their billboard sign close to their building. She felt that this would be a traffic sight obstruction. Mr. Sandblast stated that the billboard signs were 30 feet tall and from the top to the ground. The sign itself is 12 feet and there is 18 feet clearance below the sign. Sign have either 2 poles holding them up or one pole. He stated that when the sign is designed it eliminates the possibility of obstructing traffic visibility. Commissioner Vallieres stated that he agreed with Commissioner Shillig in that Highway 99E is already too crowded. 2 Commissioner Rappleyea stated that he didn't want to see the center part of 99E crowded up with signs. He felt that south of town would be a more suitable place for these signs. Commissioner Shillig asked Mr. Sandblast if he could live with the decision of only allowing billboards north of Newberg Hwy. and south of Silverton Hwy. Mr. Sandblast stated that he was concerned about the availability of these locations. Commissioner Park stated that he felt that there was no place in Woodburn for billboards, they wouldn't complement any of the businesses. Commissioner Shillig stated that there was a precedent to this issue. There is a billboard in town. Mr. Sandblast asked staff if this sign ordinance effects the sign already in place. Staff answered that those sign that are already in place are not affected by the sign ordinance, they are considered non-conforming signs. President Johnson asked what if the original suggestion was allowed and addition of north of Hwy 214 and south of Silverton Hwy. Staff answered that their initial assessment was that the Hwy 99E areas were not to be impacted. Staff told the Commission that staff could recommend that the Commission go with the original proposal or in the IP zone period, or the IL, IP zones on 99E period. Commissioner Rappleyea asked if it could be changed to Light Industrial and Industrial Zones, and the size to 300 sq. ft. Mr. Sandblast asked if when the word Industrial zones was used, did it mean all industrial zones or spec'~c ones. Staff answered all industrial zones. President Johnson asked if there were any further comments from the audience, there were none, he closed the public hearing. He asked if there was any discussion from the commission. President Johnson asked why go all the way to 300 ft. why not just 250. 3 Mr. Sandblast stated that 300 ft. was a standard size for billboards. President Johnson asked if there was any further discussion or a motion. Commissioner Rappleyea made the motion to accept staffs recommendations and to include Light Industrial and Industrial, and increase the sign size to 300 feet. Commissioner Warzynski seconded the motion. A vote was taken and Sign Ordinance Amendment #90-01 passed 5 for, 1 against. Staff stated that this would be going back to City Council with the Commissions recommendation. Major Partition #90-10 Davidson Farms Inc. Staff read the necessary statement to start the public hearing. Staff stated that this partition request was a result of Minor Partition #90-07. The proposed road is an extension of Woodland Ave. It would provide necessary access to the industrial sites. Staff recommended approval. Commissioner Rappleyea asked staff if this was where the Hardware Wholesalers project was going. Staff answered yes. Commissioner Shillig asked if HWI would have access to this road. Staff answered yes. Commissioner Shillig asked staff who would be paying for the road. Staff answered that grant moneys from the state, property owners, city, and state highway. President Johnson asked if there were anyone in the audience who wished to speak for or against the proposal. Dan Ritter, 693 Chemeketa St. Salem, stated that he represented Davidson Farms. He stated that he was before the Commission tonight was that Davidson Farms agreed to dedicate, without cost, a 90 foot right-of-way 4 and to improve it entirely at the cost of Davidson Farms. He stated that on behalf of the owners, they were going to comply with the agreement that they made. President Johnson asked if there was anyone else in the audience who wished to speak for this proposal. There were none. Staff read the opposing letter to this proposal. Commissioner Vallieres asked staff how many feet it was from Woodland to the property mentioned in the letter. Staff answered it was approximately 600 ft. President Johnson asked if there was anyone else who wished to speak against this proposal. Tim Brown stated that he was concerned about the small piece of property that would be land-locked. The signals lights that will be installed in the future at the off ramps of I-5 would cause the same problems on the west side of I-5 as on the east side at Country Club and Oregon Way. Staff stated that Mr. Baker was correct in his assumption that there would be signal lights on the off ramps of the freeway. There will also when warranted be a signal installed at Woodland Ave., not Arney Rd. A year ago, a truck stop tried to go in at the 100 acre site. They were going to buy all the surrounding areas. The State Highway will compensate a property owner if their land is not accessible from the State Highway. He stated that the Commission could not force the applicant to provide access to other properties. Mr. Ritter read the letter certifying that the property in question was or has not been sold to Dale Baker or Tim Brown. The property belongs to Pioneer Trust. President Johnson closed the public hearing. Commissioner Vallieres made the motion that Major Partition ~90-10 be approved with staffs recommendations. Commissioner Park asked about the street name, he wondered if it should be South Woodland or Woodland. 5 Staff answered that the name was decided in the site plan. It would be called Woodland, on the south of 214. Commissioner Rappleyea seconded the motion. A vote was taken and Major Partition #90-10 was approved unanimously. REPORTS. A. Site Plan Review #90-16 Staff explained that this site plan review was for the Commission's information only. Staff reported that the applicant wanted to remove the existing grain elevator and metal tanks. In their place the would extend the existing warehouse to 5 ft. from the sidewalk on the north side of Mill Street. Staff approved subject to basic fire and safety standards. Building Department report for evaluation of building permits sold for 1990, Building Activity the report for the month of December, 1990 and the Permit & Connection Fees report for December, 1991. m BUSINESS FROM THE COMMISSION: Commissioner Vallieres asked staff about user fees. Staff answered that the mayor has instructed staff to look into user fees. ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. 6 MEMORANDLIM TO : FROM: DATE: RE : Woodburn Mayor and City Council through Michael Quinn, City Administrator /n L_i. nda Sprauer, Library Di. recto~~ January 18~ 1991 "_DINOSIORIES: A Hands-On Exhibit from OMSI" Dinostories~ a Sma]l Traveling Exhibit from the Oregon Museum of Science and Industry, which takes a fresh new look at an ancient age, opens at the Woodburn Public Library on Tuesday, January ~9., 1991. Dinosaurs -- in the form of vividly painted banners~ carpeted trmckways~ giant puzzles mhd much more -- ~ill teach patrons of all ages much about these fascin~tting animals. Visitors to the Library will be able to crawl into a life-size model of ~ dinosaur nest~ unearth an ~Incient fossi]~ test their dino knowledge in a matching game ~nd view other samples of the lives and habitats of these w~nderful~ "terrible lizards." Dinosto~ies promises t~ be an excitin~ addition to the Woodburn Public Library ~nd will be on d~spl~y ¢~- eight (8) ~eeks~ through March ~3~ 1991. Dinost~)ries is sponsored in part by a grant to OMSI from the Gannett Foundation through the Statesman-Journal newspaper' in Salem~ Oregon. $1,000 is the portion of this grant ~h~ch makes this exhibit available to the Woodburn Public ~.~brary ~nd The Friends of the Woodburn Public Library has covered the remaining $510 of direct costs. YES Graphics has donated the bookmarks and greatly reduced the cost of the fliers to assist the Friends of the Library with this pro ~ect. The exhibit will be located mostly in the children's services area of the library and will need to be supervised partially by volunteers due to the shortage of library staff. Children under age 10 must be accompanied by an adult (over 18 years of age) who remains with the children and supervises them. OMSI has other small Traveling Exhibits~ focusing on science topics r~ng~ng from problem-solving to natural disasters~ which complement l~braries' existing print and mixed media resources and encourage library visitors to further explore a topic using these resources. Other exhibits currently on tour include Bra~;~teasers, L~ght and CoIo~ and Eartbquirks. Hopefully, the Woodburn Public Library will be able to acquire one or more of these exhibits in the future and w~th the as~sistan~.ie of OMSI be able to bring ~nteractive science exhibits to families in the, Woodburn area who only rarely get to v~sit the ma~n museum ~n Portland. CITY OF 270 Montgomery Street · WOODBU]ZN Woodburn, Oregon 97071 · 982-5222 PROCLAMATION AMERICAN HISTORY MONTH PROCLAMATION FEBRUARY, 1991 WHEREAS, the National Society Daughters of the American Revolution sponsors February as American History Month each year; and WHEREAS, to stimulate a knowledge in both young and old and a sense of pride in our Nation's great achievements and dedication to liberty; and WHEREAS, to stress pride in the United State of America through community services in education programs, essay contests and historic tours; and WHEREAS, through the study of American History are we made aware of the importance of Freedom, Equality, Justice and Humanity in all our lives today; and WHEREAS, the importance of remembering American History should be duly noted, NOW, THEREFORE, I, Fred W. Kyser, by virtue of the authority vested in me a Mayor of the City of Woodburn, do hereby pt°Claim the month of February, 1991 to be AMERICAN HISTORY MONTH in Woodburn and urge all Woodburn area residents to join with me this month in recognizing the importance of American History in our lives. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 28th day of January, 1991. Fred W. Kyser, Mayor City of Woodburn CITY OF 270 Montgomery Street · WOODBURN Woodburn, Oregon 97071 · 982-5222 PROCLAMATION CATHOLIC SCHOOLS WEEK JANUARY 28 - FEBRUARY 1, 1991 WHEREAS, every year the Catholic schools throughout the United States celebrate their very important contribution to the educational endeavors of our nation; and WHEREAS, there is one Catholic elementary school and two Catholic high schools in the Woodburn area, financed entirely without taxpayers' money, but through tuition and fund raising by the parents of the school children, and WHEREAS, the administrators and teachers in the Catholic schools are dedicated to the children and to the belief in educating the whole person, body and soul, and in teaching children to live by a moral code and a value system; and WHEREAS, the Catholic schools in the Woodburn area give thousands of hours of community service by collecting and distributing food baskets at holidays, and providing support and companionship to the elderly in our nursing homes; NOW, THEREFORE, I, Fred W. Kyser, Mayor of the City of Woodburn do hereby proclaim the week of January 28 to February'1, 1991 to be CATHOLIC SCHOOLS WEEK - "KALEIDOSCOPE OF PEOPLE" 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 Woodburn to be affixed this 28th day of January, 1991. Fred W. Kyser, Mayor City of Woodburn MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Planning Commission Manufactured Home Regulations January 22, 1991 In October and November of 1990 the planning commission held workshops regarding the state legislative requirements that cities above 2,500 in population make allowance for manufactured housing to be placed in residential areas. After reviewing this matter extensively, the planning commission held a public hearing and recommended that the city council approve for adoption the following amendments to the Woodburn zoning ordinance. The council may: 1) Approve the amendments as written 2) Modify those amendments 3) Deny the amendments and remand the prOposal back to the commission for further review. STAFF REPORT ZONING ORDINANCE AMENDMENT #90-06 (Mobile Homes on Individual Lots) APPLICANT: REQUEST: CITY OF WOODBURN TO AMEND THE FOLLOWING CHAPTERS OF THE WOODBURN ZONING ORDINANCE: CHAPTER 1. DEFINITIONS CHAPTER 19. MOBILE HOME SmNG STANDARDS CHAPTER 21. SINGLE FAMILY RESIDENTIAL DISTRICT PURPOSE: The purpose of the proposed amendments is to comply with the new state planning requirements that allow for manufactured housing on in-fill lots in a (RS) single family residential zone. BACKGROUND INFORMATION: Enclosed you will find a few pages of the proposed amendments to the zoning ordinance which are the result of our joint effort..to reconcile the state regulations and our local standards which we believe reflect the spirit of Woodburn and, at the same time, will conform to the state law. Page one of the attachment includes the following standards for manufactured homes on in-fill lots in Single Family Residential Zone: a) floor area d) garage b) width e) exterior siding c) roof t~ masonry perimeter g) performance standards h) hauling mechanism i) design features Page two of the attachment includes a new definition of "manufactured dwelling" which we want to incorporate in Chapter 1. Definitions. The state law distinguishes three meanings of "manufactured dwelling": residential trailer, mobile home and manufactured home. The next four pages include the amendments to Chapter 19. Mobile Home Siting Standards. First, the title of the chapter was changed to comply with the new definition of "manufactured dwelling" and, consequently, the new title of this chapter reads: Chapter 19. Manufactured Dwelling Siting Standards. There are a few major changes in Chapter 19: first, the expression "mobile home" was substituted by manufactured dwelling; second, the following sections were removed: Section 19.080. Mobile Home Subdivisions and Section.19.090. Mobile Homes in Subdivisions. Finally, the last page (7) of the attachment includes the amendment to Chapter 22. Single Family Residential District. The proposed amendments allow outright placement of manufactured homes in a Single Family Residential District as long as the siting standards are met. PROPOSED AMENDMENTS TO CHAI:q"ER 19. MOBILE HOME SITING STANDARDS ( MANUFACWURED DWELLING SITING STANDARDS ) Section 19. 080. to be amended as follows Section 19. 080. Standards for Manufactured Homes on in-fill Lots in Single Famil.v Residential Zones. All manufactured homes on individual lots in the Single Family Residential Zones shall meet the following standards: a. Floor area. The manufactured home must be multi-sectional and enclose a floor area of not less than 1,200 sq ft b. Width. The manufactured home must be at least 24 feet in width. c. Roof. The manufactured home must have a composition asphalt, fiberglass, shake or tile roof with a nominal pitch of 3 feet in height for each 12 feet in length. d. Garage. The manufactured home must have a garage with exterior materials matching the manufactured home; The garage shall be placed on the property prior to occupancy of the manufactured home. e. Exterior siding. The exterior siding of the manufactured home must have the same appearance as materials commonly used on residential dwellings. f. Masonry Perimeter. The manufactured home must have a continuous masonry perimeter. The home shall sit no more than 12 inches above grade and the perimeter shall consists of concrete block or concrete. g. Performance standards. The exterior thermal envelope must meet the standards specified by state law for single-family dwellings. h. Hauling mechanisms. The transportation mechanisms including the wheels, axles and hitch must be removed. i. Design Features. All single family units shall utilize at least two of the following design features to provide relief along the front of the home: 1) dormers; 2) ressesed entries; 3) cupolas; 4) bay windows; 5) gables; 6) covered porch entries; 7) pillars or posts; 8) eaves ( minimum 6" projection ); 9) off-sets on building or roof ( min 16") PROPOSEI) AMENDMENTS TO CHAPTER 1. DEFINITIONS- SECTION 1.380. Mobile Home. A structure that is transportable in one or more sections on public highways~ which may be built on a permanent foundation when connected to the required utilities~ and is designed for use as a residence but which has not been demonstrated to conform to the requirements of the building Code for other residences. It does not include vacation OF travel trailers. to be amended as follows: CHAPTER 1. DEFINITIONS. SECTION 1. 380. Manufactured Dwellinq means: a. Residential Trailer. A structure constructed for movement on the public hiqhways that has slee~inq, cookinq and facilities, that is beinq used for residential purposes was constructed before January 1, 1~&2. plumbin~ and that b. Mobile Home. A structure constructed for movement on the public hiqhways that has sleeDinq, cookinq and plumbing facilities, that is intended for human occupancy, that is beinq used for residential purpos~ and that was constructed between January 1, 1~62 and June 15, l~?&, and met the construction requirements of Oreqon mobile home law in effect at the time om construction. c. Manufactured Home. A structure constructed for movement on the public hiqhways that has slee~inq, cookinq and plumbin~ facilities~ that is intended for human occupancy, that is beinq used for residential purposes and was constructed in accordanc~ with safety standards requlations in effect at the time of construction. CHAPTER 19. MOBILE HOME SITING STANDARDS. to be amended as follows: CHAPTER 19. MANUFACTURED DWELLING SITING STANDARDS Section 19.010~ a) To permit and encourage the location of single family mobile homes ( to be replaced by manufactured d~ellinqs), in mobile home parks ( to be replaced by manufactured dwellinq parks) in a RM District with conditions to insure compatibility with the surrounding neighborhood; b) To permit and encourage higher density mobile home parks ( to be replaced by manufactured dwellinq parks ) as safe and healthful living areas in a RM District; c) To provide site plan review of mobile parks ( to be replaced by manufactured d~ellinq parks ) to insure compliance with the intent and purpose of this chapter, the provisions herein contained, and protection.of the public health, safety, and welfare, including that of the residents therein and the residents in the surrounding neighborhood. Section !9.0~0~ a)MOBILE HOME PARK (to be replaced'by MANUFACTURED DWELLING PARK) Any place where four or more mobile homes ( manufactured dwellings) are located within 500 feet of one another on a lot~ tract or parcel of land of not less than three acres under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person~ b) PARK STREET. A private way which affords principal means of access to abutting individual mobile home ( manufactured dwelling) spaces and permanent park structures~ c) SPACE. Any area or portion of a mobile home (manufactured dwelling) park, which is designated or used for occupancy by one mobile home ( manufactured dwellinq). d) STAND~ That portion of the mobile home (manufactured dwellinq} space reserved for the location of the mobile home (manufactured dwellinq). 3 24 Section 19.030. Mobile Home (Manufactured Dwellinq~ Park Use Permit. No person shall establish, operate or occupy a mobile home ( manufactured dwellinq ) park without first obtaining a mobile home (manufactured home ) park use permit pursuant to this Chapter. No permit shall be required of any mobile home (manufactured dwellinq) park established as lawful non- conforming uses sub&ect to the provisions of Chapter 3 of the Woodburn Zoning Ordinance. Section 19~040. Expansion or Alteration of Mobile Home (Manufactured Dwellinq} Parks. Existing mobile home (manufactured dwellinq ) parks may be expanded or altered after approval is obtained from the Planning Commission. The application shall be filed and processed as an application for a mobile home_ (manufactured dwellinq ) park use permit. Section 19. 070. Minimum Requirements. All newly developed mobile home (manufactured dwelli;~qs) parks and additions to existing mobile home (manufactured dwellinqs) parks are sub&eot to the minimum standards and conditions setforth in this section. The Planning Commission may prescribe such additional conditions as the particular circumstances may require for the protection of the hea!th~ safety and welfare of the residents in the vicinity of the development consistent with the intent and provisions of this Ordinance: . a) DENSITY. The maximum density of a mobile home (manufactured dwellinq) shall not exceed ten mobile homes (manufactured dwellinqs) per q,-nqq_. ___ acre. b) MINIMUM AREA~ No mobile home (manufactured d~ellinq) space shall contain less than 300@ sq ft and the average of all the mobile ho~ (manufactured dwellinq ) spaces shall contain less than ~000 sq ft and no driveway, play area, service area or other area required by this Ordinance shall be considered as providing any part of the required mobile home (manufactured dwellinq) space. c) SPACE COVERAGE. No more than qO percent of a mobile home (manufactured d~ellinq ) space may be occupied by a mobile home (manufactured dwellinq) and any other structures used in con&unction with such mobile home (manufactured d~ellinq) whether or not it is attached to the mobile home (manufactured d~ellinq) e) STREET NAMES AND ADDRESSES. If the park streets are to be named and street addresses assigned to individual mobile home (manufactured dwellinq) spaces, they will be named and numbered in accordance with the ordinances of the City. _ _ ...... p~ ~ fnr -m~k i) PARKING: There shall be two a~,~r, mohile parking s._ces ._. e ..... mobile home (manufactured dwellinq) space; parking spaces may be m) FENCES. ornamental between the USBS~ designated end-to-end, side-by-side, or provided off-street parking areas ~) WALKS. Provisions shall be made for hard--surfaced, well drained walks, not less than 48 inches in width, from each mobile home (manufactured d~ellinq) space to the park buildings and to a public or park street~ k) LIGHTENING. Streets and watkways designated for the general use of the park residents shall be lighted during the hours of darkness. Such lighting shall not be under control of the mobile home (manufactured dwellinq ) occupant~ 1) PLAY AREAS. If the mobile home (manufactured dwellinq ) park accommodates children under 14 years of age, there shall be provided a separate play area restricted to that use. At least I00 square feet of play area shall be provided per mobile home (manufactured dwellinq), space; provided, however, that no such play area, regardless of the number of mobile home (manufactured dwellinq) spaces, shall be less than 2500 square feet. The play area shall be protected from all streets, driveways and parking areas by a fence, or equivalent, at least 30 inches in height. The Planning Commission may require that an fence, wall or hedge be established and maintained mobile home (manufactured dwellinq) and other land n) MINIMUM WIDTH. No mobile home space shall be less than 30 feet in width at its driveway frontage. o) PATIO. Each mobile hom~ (manufactured dwellinq) shall than 30 feet in width at its driveway frontage be less p) to be deleted q) FOUNDATION. Mobile homes (manufactured d~ellinqs) and accessory building foundations shall be of sufficient strength to support the loads imposed by the mobile home (manufactured dwellinq), based on accepted engineering design standards as approved by the Building Inspector or the City Engineer. r) ADDITION TO MOBILE HOMES (MANUFACTURED DWELLINGS}. Carports, cabanas, awnings and all other structures, whether defined herein or not which are situated upon a mobile home space, shai! conform to the requirements of the City Building Code and Health Department Regulations. Such additions and structures shall be considered as a portion of the mobile home (manufactured dwellinq) for determining the --~ nf lot coveraqe qethack lines and other reoulations for mobile homes (manufactured dwellinqs) in like manner as if such ~ ~ _._ and structures were a part nf ~:,rh mobile home~ ~.ud ~ tir, n~ ........ s) STORAGE SPACE. A storage space having an area of at least seventy-five (95) square feet shall be provided in an accessory building for every mobile home (manufactured dwellinq), space. The building shall be structurally compatible and completed within 30 days following the placement of the mobile home (manufactured dwellinq). THE FOLLOWING SECTIONS FROM CHAPTER 19 TO BE REMOVED: Section 19.080. Mobile Home Subdivisions. Section 19.090. Mobile Homes in Subdivisions THE FOLLOWING SECTION TO BE ADDED: Section 19.080. Standards for Manufactured Homes on in-fill Lots in Sinqle Family Residential Zones. 6 PROPOSED AMENDMENTS TO CHP~PER E~. SINGLE FAMILY RESIDENTIAL DISTRICT Section 22.010. Use. Within an RS Single Family Residential District no building, structure, or premises shall be used~ arranged or designed to be used, structurally altered, or enlarged except for one of the following uses: the following subsection shall be added to Section E~.010-: Section E~.010- i). Sidle Family Manufactured Homes as defined in Section 1.380.c) and sub~ect to the sitinq sta~ards a~ defin~d inSection 19.080. _ MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Planning Commission Public Hearing Procedures January 23, 1991 At their January 10,1991 headng the planning commission recommended the city council approve for adoption amendments to the city's public hearings procedure rega!ding land use applications. The reason for the amendments is to maintain compliance with recently adopted state law regarding quasi-judicial land use hearings, that is, hearings such as zone changes, conditional uses and variances. The council may: 1) Approve the amendments as written 2) Modify these amendments Deny the amendments and remand the proposal back to the planning commission for further review. SG:Ig STAFF REPORT ZONING ORDINANCE AMENDMENT #90-04 (Mobile Homes on Individual Lots) REQUEST: TO AMEND THE CHAPTER 7. PUBUC HEARINGS AND CHAPTER 11. SITE PLAN REVIEW OF THE WOODBURN ZONING ORDINANCE STAFF COMMENTS: The purpose of this amendment is to comply with House Bill 2288. The law amended several provisions of Oregon's land use laws. In order to comply with this new law, local comprehensive plans and land use regulations must incorporate the following procedures concerning quasi-judicial land use hearings: An issue for an appeal to LUBA. must be raised at the local hearing. The issue must be raised with sufficient specificity to allow an adequate opportunity to respond. Notice of the hearing must be provided to the applicant and property owners within 100 feet from the subject property if the property is located within the city limits. Notice must include items of information specified in the statute. Notice must be mailed 20 days before the hearing or, if more than one hearing, 10 days before the first hearing. All evidence relied upon by the applicant must be submitted and available when the notice of the hearing is provided. Staff reports must be available seven days prior to the hearing. o At the hearing, a statement must list applicable decision criteria, state that testimony must be directed toward these criteria, and that failure to raise an issue with sufficient specificity precludes appeal to LUBA on that issue. 6. If requested, the record of the hearing must remain open for at least seven days. 7. When a hearing is reopened, any person may raise new issues. 8. Failure to receive notice shall not invalidate a proceeding if such notice was given. Enclosed you will find the following exhibits attached to the staff report: EXHIBIT A. PROPOSED AMENDMENTS TO CHAPTER 7. PUBLIC HEARINGS AND CHAPTER 11. SITE PLAN REVIEW OF THE ZONING ORDINANCE. EXHIBIT B. AN EXAMPLE OF A PUBLIC NOTICE WE SEND TO SURROUNDING PROPERTY OWNERS AT LEAST 21 DAYS PRIOR TO THE HEARING. EXHIBIT C. THE STATEMENT WHICH IS READ AT THE HEARING LISTING ALL APPLICABLE CRITERIA. EXHIBIT D. AN EXAMPLE OF THE AFFIDAVIT WE PROCESS TO PROVE THAT ALL REQUIRED NOTICES WERE SENT TO PROPERTY OWNERS. prono~p~ HB 8888 ampn~m~nt~ CHAPTER ?. PUBLIC HEARINGS SECTIONS TO BE AMENDED : [ *** Section ?. 030. Notice of Public Hearinq. Upon the fixing of the time of public hearing on all matters before the Planning Commission, the Planning Director shall give notice as set forth in this chapter to all persons particularly interested and to the general public. The notice shall set forth the time and place of hearing_, the nature of the action or change which has been requested~ and a brief description of the property .involved. Section 7. OqO.. Mailinq Notices. Notices of public hearing to be l held by the Planning Commission shall be mailed to each property owner within the notification area at least 10 days prior to the date of the hearing. Failure to receive such notice by mail shall not affect the validity of the proceedings.***] PROPOSED AMENDMENTS TO SECTION 7.030 AND 7.040 Section 7. 030. Notice of Initial Hearinqs on Proposed Actions: a) Public Notice Requirements: The following notification requirements shall apply be considered at a public hearing: to all actions to 1) Any documents or evidence relied upon by the applicant (submitted in addition to the initial complete application ) shall be submitted to the Planning Division and made available to the public at least twenty days prior to the first evidentiary hearing; Written notice of the public hearing shall be sent by mail at least twenty days prior to the initial hearing to the following: b) A) The applicant; B) All adjacent property o~q~ers within the following notification areas: * the notification area shall be deemed 100 feet from and parallel to the boundaries of the subject property for the following land use actions: - variance; - conditional use permit; - site plan for projects which construct a total of more than ~000 ~q ft; * the notification area shall be deemed 850 feet from and parallel to the boundaries of the subject property for the following land use actions: - zone map amendment; - comprehensive plan map amendment; - mobile home park; Contents of Written Notice: Notice of hearing shall contained the following information: 1) The date~ time and place of the hearing; staff representative and telephone number where additional information may be obtained; Identification of the property owner and applicant and a description of proposed HB 8888 amendments the subject property; An explanation of the nature of the proposed action and the proposed use or uses which could be authorized by the decision and a list of the criteria from the Woodburn Zoning Ordinance and the Comprehensive Plan that apply to the application and the decision; A statement that interested parties may appear and be heard and that failure to raise an issue in a hearing, in person or by letter, or failure to.provide sufficient specificity to afford the Planning Commission to respond to'an issue precludes appeal to the Land Use B~ard of Appeals based on that issue; 5) A statement that the application , all documents and evidence relied upon by the applicant and the applicable criteria are available for inspection at the Panning Division at no cost and copies will be provided at a reasonable cost; A statement that at least seven days prior to the hearing a copy of the staff report for the hearing will be available for inspection at the department andcopies will be provided at a reasonable cost. c) Continuance of Hearing: The hearing on the application may be.continued from time to time and no additional n~tice need be given if the hearing is adjourned to a date certain, unless so ordered. Section ?. 0~0. Becisions without hearing. A) The Community Development Director shall have the authority to aprove, deny or approve with conditions the following development applications: 1) lot line adjustment B) The decision shall not become effective until the Planning Commission has reviewed the application at its regularly scheduled meeting. C) The notice of the decision shall be sent to the applicant proposed HB 8888 amendments CHAPTER 11. SITE PLAN RE-VIEW SECTIONS TO BE AMENDED: [*** SECTION 11. 040.b. Procedure for projects which construct a total of more than 4000 gross square feet: 1) The Planning Commission shall review the Site Plan at a hearing in which the applicant has received at least 10 days prior notice. 2) The Commission shall decide to grant or deny the permit, and shall make findings as to why 'the Permit was granted or denied and may attach any conditions deemed necessary for compliance with this or any other applicable Ordinances, the City's Comprehensive Plan, and the City's Development and Engineering Standards *** ] PROPOSED AMENDMENTS TO SECTION ll.040.b.: Procedure for projects which construct a total of more than 4000 gross square feet: 1) Notification area -- the notification area shall be deemed 100 feet from and parallel to the boundaries of the subject property. 2) The Planning Commission shall revie~ the Site Plan at a hearing in which the applicant has received at least 20 days prior notice. 3) The Commission shall decide to grant or deny the permit, and shall make findings as to why the permit was granted or denied and may attach any other applicable Ordinances, the City's Comprehensive Plan, and the City's Development and Engineering Standards. SECTION TO BE AMENDED: SECTION 11. 040.a [*** Procedure for projects which construct a total of less than 4000 gross square feet: 1) Project shall be reviewed by staff, the secretary of the Planning Commission, and the applicant at the pre-application conference. 2) After all staff input is considered at the pre-application conference the secretary shall write an order granting or denying a permit, making findings as to why the permit was granted or denied, and attaching any conditions deemed necessary for compliance with this or other applicable Ordinances, the City's Comprehensive Plan, and the City's Development and Engineering Standards. 3) The order shall become effective until the Planning Commission has reviewed the Site Plan and the secretary's order at its next regularly scheduled meeting. The Commission shall call a hearing if they wiqh tn discuss the Site Plan or the order. Notice shall be limited to the applicant ***] proposed HB 8888 amendments PROPOSED AMENDMENT TO SECTION 11.040. a) SECTION 11. 040. a) Procedure for pro~ects which construct a total of less than 4000 gross square feet: 1) Pro~ects shall be reviewed by staff and the applicant at the pre- application conference: 2) The Community Development Director may approve or deny the application for a notice of the decision shall be sent to: A) The applicant; B) All property owners within 100 feet of the sub~ect property; 3) The decision shall not become effective until: A) The Planning Commission has reviewed the Site Plan and the Director's notice of the decision at its regularly scheduled meeting. The Commission shall call a hearing if they wish to discuss the Site Plan or the decision. 4) An appeal from the Director's decision shall be to the Planning Commission. The appeal shall be a de novo hearing. The notice of the hearing shall be sent to: A) The applicant; B) All property owners within 100' feet of the sub~ect property. NOTICE .... pUBLIC i .,=ARiNG AFFECTING-THIS AREA-" NATURE OF APPLICATION/PROF~]SE~ USE:' 1) To consider an amendment to the Woodburn Planning Commission to consider an ameqdment to the Woodburn. Zone Map to rezone an approximately 3.E2 acre parcel from SR {Single Family Residential District) to PS (Public Services District) with concurrent Comprehensive Plan Amendment from Low Density Residential. 2) To consider an application for site plan revie~ to develop_a storage facility. The property is located at Cleveland Street ( see the map ). ,- APPLICPJ~T: CITY OF WO~]DBURN HEARING TIME: 7:00 P.M. HEARING DATE: DECEMBER 13, 1~0 1) Woodburn Zoning Ordinance a) Chapter 10. Off-Street Parking, Loading & Drive~ay Standards b) Chapter 11. Site Plan Review c) Chapter 15. Zone Changes d) Chapter 16. Comprehensive Plan Amendments e) Chapter 37. Public, Semi-Public & Government District INFO~IATION: a) A copy of the application, all documents and evidence relied upon by applicant and applicable criteria a~e available for inspection at no cost and will be provided at a reasonable cost. b) A copy of the staff report ~ill be available for inspection at no cost at least ? days prior to the hearing a~d will be provided at reasonable cost. CONTACT PE~ FOR ADDITIONAL INFORMATION:' Barbara Sochacka, City Planner, ~BE-b'E~6 ANY PERSON WISHING TO SPEAK EITHER FOR OR ASAINST THIS PROPOSAL MAY DO SO IN PERSON OR BY ATTORNEY AT THE PUBLIC HEARINg. ALSO WRITTEN COMMENT MAY BE FILED WITH THE PLANNING DIRECTOR OR SUBMITTED AT THE TIME OF THE HEARING. ROBERTS RULES ARE FOLLOWED AT THIS HEARING. THE FAILURE OF AN ISSUE TO BE RAISED IN A HEARING, IN PERSON OR BY LETTER, OR FAILURE TO PROVIDE SUFFICIEI~ SPECIFICITY TO AFFORD THE DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES. APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. 2/5 STATEMENT PURSUANT TO ORS 197.763 Chairman/Mayor, members of the Commission/Council, and members-of the audience: This is the time set for a public hearing in Case(s) case name(s)]. The nature of the application is of application from notice]. The applicant is [ read [read nature Cname of applicant]. The applicable substantive criteria are listed in the notice of public hearing and are [read citations to applicable criteria as they appear on the notice]. The f. ull text of all.listed criteria is printed in the staff report which has been distributed prior to this hearing and is also available now for inspection by any interested person. The testimony and evidence presented at this hearing must be directed .toward the listed criteria or other criteria in the Comprehensi-ve Plan or land use regulations which you believe to apply to the'application. The failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based upon that issue. We shall now follow the hearing procedure listed on the board and begin hearing testimony D5/17 EXH//31r CASE NO(S): AFFIDAVIT PURSUANT TO ORS 197.763 STATE OF OREGON ) ) County of Marion ) SS. upon I, , being fi rst duly sworn Name of Employee oath-do depose and say as follows: That I am an employee of the City of Woodburn. That on , I mailed copies of the Date notice attached to this affidavit as Exhibit "A" to the applicant and to each of the individuals whose names appear on Exhibit "B" attached to this affidavit. The notices were placed in sealed envelopes addressed as noted in Exhibit "B",.'and were deposited in the United. States Mail at Woodburn, Oregon, with postage thereon prepaid. That the names and addresses contained in Exhibit "B" represent owners of record in the notification area as provided by ORS 197.763, said names and addresses being supplied by the appt.icant. Dated this day of , 19 Subscribed and sworn to before me this day of , 19 Notary Public for Oregon My Commission Expires: COUNCIL BILL NO. / ~'7 -~ RESOLUTION NO. A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH N. ROBERT SHIELDS AS Cl3'~ A'n'ORNEY. /04 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 currently holds this position as a regular employee until the effective date of 2/7/91 at which time his resignation becomes effective to allow his pursuit of a private law practice; and WHEREAS, the City is in need of the professional legal services associated with the City Attorney's office during the interim period prior to any subsequent full-time appointment to the position and WHEREAS, N. Robert Shields is imminently qualified and familiar with the City's operations and pending litigation in order to provide a continuity of service in the most effective and efficient manner; NOW, THEREFORE, THE Cl'l'? OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor and city Administrator are authorized to execute a professional services 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 the powers and duties prescribed in Section 24 of the City Charter and any other requirements prescribed by laws of the State of Oregon effective 2/7/91. APPROVED: FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder A'I-rEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1- COUNCIL BILL NO. ! ..,') '7' RESOLUTION NO. MEMO TO: FROM: RE: DATE: FRED KYSER, MAYOR MICHAEL QUINN, CITY ADMINISTRATOR N. ROBERT SHIELDS CONTRACT FOR LEGAL SERVICES JANUARY 25, 1991 At your request, I have drafted a contract for legal services. As I stated in my letter of resignation, I would be honored to represent the City during the interim period before other legal counsel is employed, It is necessary that legal services be obtained during this period since the Emanuel Hospital case is set for argument on February 22 and numerous everyday matters require legal advice. As we discussed, the proposed $55.00 per billable hour is based upon the City providing secretarial support during the interim period. This should be feasible for the City because a secretary is available. The arrangement will* also allow me to reduce the $100.00 per hour rate which reflects all overhead costs. Since the proposal is to contract with me, I must advise you that I cannot render legal advice on any issued related to the City executing this contract. Any questions regarding. the sufficiency of the contract would have to be addressed to other legal counsel. NRS/kv AGREEMENT I. PARTIES This agreement made and entered into between the CITY OF WOODBURN, a municipal corporation of the State of Oregon, hereinafter "CITY", and N. ROBERT SHIELDS, an attorney licensed to practice law in the State of Oregon, hereinafter "CONTRACTOR." II. TERM The term of service under this agreement shall commence on February 11, 1991, and shall continue until either party gives notice to terminate the agreement. Either party may terminate the agreement for any reason by giving the other party seven (7) days prior written notice. III. COMPENSATION Contractor shall receive compensation for legal services rendered at a rate of ~ty-flve ($55.00) per billable hour. No minimum number of hours per week is guaranteed by City. Contractor shall within ten (10) days following the close of the month for which payment is sought submit to City a written statement accounting for legal services provided and detailing the number of hours worked one-quarter hour increments. IV. OVERHEAD City will provide all necessary secretarial support, telephone, office space, and related overhead expenses to enable Contractor to render legal services to City. V. INDEPENDENT CONTRACTOR The parties intend that an independent contractor-employer relationship be created by this contract. City is interested in only the results to be achieved and the conduct and control of the work lies solely with Contractor. Contractor is not entitled to any benefits City provides to its employees. VI. ASSIGNMENT The rights and duties of the parties hereunder are personal and shall not be assignable by either party without the express written consent of the other party. VII. ENTIRE AGREEMENT This agreement supersedes all prior agreements between the parties concerning the services provided herein and this agreement constitutes the entire agreement between Page 1 - AGREEMENT the parties with respect thereto. This agreement may be modified by a written instrument- duly executed by each of the parties. VIII. ESCAPE NOTICES Any notice, request, demand or other communication hereunder shall be in writing and shall be deemed to have been propedy given when delivered personally or sent by mail with all postage fully prepaid to the parties hereto at the respective addresses for the below: Michael Quinn City Administrator 270 Montgomery Street Woodburn, Oregon 97071 N. Robert Shields Attorney at Law 8101 S.W. Nyberg Road, No. 212 Tualatin, Oregon IN WITNESS WHEREOF, the parties have executed this agreement in duplicate, on the day of ,1991. CONTRACTOR: CITY OF WOODBURN: N. Robert Shields Michael Quinn City Administrator Fred W. Kyser, Mayor Page 2 - AGREEMENT MEMO TO: FROM : DATE : SUBJECT: City Administrator Quinn Mary Tennant January 24, 1991 Fee Schedule - Copies of ~dministrative Offices Public Documents On File in the City's Based on cost comparisons from other cities in the area, the following fee schedule for copying public documents is proposed: (letter or legal size paper only) Documents on file which are easily accessible by staff for reproduction: $1.00 administrative fee plus $.10 per side copied (B) Documents which require searching, locating, ~]d, when requested, copying of records: Persom]el costs: $1~.00 per hour charged to the nearest quarter houa- Copies reproduced: additional $.10 per side copied (C) Copies of Meeting tapes: Personnel costs: $1B.00 per hour charged to the nearest quarter hour plus $3.00 for the cassette tape (D) Computer generated budget document: 810.00 Additional pages of the budget document which provides for sunm~ar¥ data and §eneral information will be charged at a rate of $.10 per side. MEMO TO: FROM: SUBJECT: DATE: City Administrator for Council Action Leland Schaudies, C.E. Tech III /-.-~ Acceptance of the relocation of an existing sewer line to enlarge Mr. P's Auto Parts January 22, 1991 ~ RECOMMENDATION: BACKGROUND: Accept the easement relocation The system, as built in 1955, is flexible enough to permit a relocation as shown to allow an addition to an existing structure without disrupting services to adjacent businesses. 8300 42882001 13.6 EASEMENT KNOW ALL M~N BY TP~SE PRES~TIS, that Michael F. and Darlene R. Pease for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, b~_reby, do forever grant unto the CITY OF W00DBURN, a Municipal Corporation of Marion County, 0Tegc~, referred to herein as the CITY, a pezmanent right-of~w~y and easement over and along the full width and length of the premises described as 'follows, to wit: ~ Easeme~ 15 fe~ ~de, ~nl~ ~ Man~ ~ as ~ ~ ~ Easeme~ m ~ C~ M W~bum as ~ in V~ 4~, Pa~ ~ ~ ~1, M~ ~ ~ Record: ~ No~ 3~' E~ ~IM ~ ~ N~e~ ~ M WW ~ ~ ~ P~ H~W, ~ ~; ~ence $~ ~' ~ ~ f~ more or .Le~__. to~ ~ ~ne ~ ~ d~ ~ ~ to M~I F. ~ D~ene ~ Pease ~ ~ ~ Reel ~ P~ ~7, ion ~ ~ ~ ~ ~ t~ $~ F4 M ~ N~w~ V4 ~ ~on 17, Township 5 $~, ~ge I W~ ~aam~e Merld~ Ma~ ~, Oregon. with the right, privilege and authority, to said City, to construct, ~%a/z~tain, replace, reconstruct, remove, and add to, a sewer pipeline or pipelines with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove frcm said right-of-way any trees and other obetructions which may endanger the safety or interfere with the use of ~ pipelines, or apporter~mgces attached or corrected therewith; a~d the right of ingress and egress to and over said above described pr~daes at any and times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. ~ CITY SF~%LL, upon each and every occasion that such sewer facility is good conditic~ as they were in prior to any such irmtallation or %Drk, b~t if ~ot practicable, then pay to Grantors reasonable ccmpensation. THE GRANTORS, heirs and assigns, reserve the right to use the pre~tises for walkways, driveways, planting, a~d related ptlrpo~es, arid all sewer facilities shall be at a depth co~sistax%t with these .p~jx~es. E~CEPT/(~: No structure shall be placed within the easement, or within 45 projection upward from the bottom of the pipe. STATE OF C~ON ) On this the /~)t~day of-~/[~ ii~j_ 19q[ , before me a Notary Public in and for'the County a~ Stat& personally appeared. known to me to be the same person (s) whose n~ues are subscribed to the within instrument.and acknowledged that they voluntarily executed the same for the pttrpose IN WITHNESS WHEREOF, I hereunto set my hand an~s~eal. · ~DTARY C MEMO. TO: MAYOR AND CiTY COUNCIL FROM: MICHAEL QUINN, CITY ADMINISTRATOR DATE: JANUARY 23, 1991 SUBJECT: CODE ENFORCEMENT At the last Council meeting, the 1990 Yearly Report for the Community Development Department was presented for your information. It is clear that this department has expanded service and activity each year, and I want to address in particular the activities of the Code Enforcement section. As background orientation, the City performed a minimum level of animal control through the Public Works Department at the old treatment plant. In 1972, the CETA employment act enabled the City to hire an animal control officer in the Police Department which eventually led to Mike Culver's position there. In 1988 I reorganized this position into a code enforcement officer under the Community Development Department with an expanded emphasis upon civil infractions and nuisances. The statistics indicate a 170% increase in caseload activity of code enforcement for 1990 over 1988. In addition, our police reports indicate a greater success rate in cleadng cases and reducing our serious crime index each year since 1988. Up until now, this reorganization is an unmitigated success, and quite possibly too successful since the public's demand for such services is outstripping our ability to keep up with the workload. While both the Police and Code Enforcement are doing an admirable job, we need some assistance relief in Code Enforcement to continue our progressive efforts. Therefore, I have met with Steve Goeckritz and Ken Wright to propose the following reorientation of emphasis in Code Enforcement activities. 1. Police will now become the primary enforcer of Parking Ordinance 1904 dealing with abandoned vehicles on public rights-of-way. These cases consume a high amount of follow-up and time, and the Police have more exposure time and training to handle these activities on a 24-hour basis. Mayor & Council January 23, 1991 Page 2 2. Police will develop more observance of other code enforcement violations and provide assistance and support as feasible in their time away from more pressing criminal activity. 3. Code Enforcement will continue to be the primary enforcer of nuisance violations, obnoxious vegetation (weeds), animal control, zoning violations dealing with yard nuisances, and housing violations. 4. As a contingency plan, if resources decrease in Code Enforcement, the lowest priority emphasis will be weed enforcement and animal control. It is possible to receive some support through the county on animal control and rely on more public help for weed enforcement. MEMO TO: THROUGH: FROM: SUBJECT: DATE: CITY ADMINISTRATOR FOR COUNCIL INFORMATION AND REVIEW PUBLIC WORKS DIRECTOR JULIE MOORE, C.E. TECH III ~ FRONT STREET PARKING OPTIONS JANUARY 23, 1991 STAFF ACTION FOR COUNCIL REVIEW After investigating the downtown parking options, it has been decided to leave the parking as it was originally with the parallel spaces, unless Council wishes to take other action. Parallel parking will provide more spaces, accommodate north and south bound traffic, and allow for wider travel lanes, which is better for the truck traffic. Diagonal parking would put all the parking on the business side of the street, but will allow parking for only south bound traffic and there would be narrower travel lanes. Prior to the Front St. overlay, there was discussion on changing the parking on Front St. from parallel to diagonal. Meetings were held with several members of the Woodbum Downtown Association (WDA) but nothing had been decided. The Front Street Businesses, between Lincoln and Garfield, were sent surveys as to what kind of parking they would like installed. Of the 65% of the businesses that did responded to the survey, 82% preferred the parallel parking. MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator for Information Public Works Program Manager ,'~'~ Water Well Abandonment Program January 18, 1991 The City currently has ten wells that can be used to supply water to the City's system. The older wells were drilled into the shallower of three levels that the City currently draws water from. These wells are also the lowest producers, generally less than 500 gallons per minute (gpm), and often are not used on a regular basis. These older wells also have the highest concentrations of iron and manganese. They have not been abandoned over the years as newer, deeper wells have been drilled because of the cost of abandonment and the desire to have them available for backup, if required. With the projected completion this summer of a well house for the new well that was drilled two years ago on Astor Way the need for these wells will be further reduced. This well will give the city an eleventh well total and will be the fifth well with a capacity of more than 800 gpm. Since the City water system is multi-source without treatment, water regulations require that contaminant testing be completed for each well individually. New tests required in approximately two years will require initially four annual tests which will cost more than $8,000 per well for the first year's tests. For the above reasons, Iow production, shallow aquifer, lower quality, and testing costs, Public Works plans to abandon six wells in the following order. Priority Well # Location Production 1 6 Blaine 150 gpm 2 SE I Astor Way 200 gpm 3 2 Water Shop 300 gpm 4 SE 2 King Way 300 gpm 5 3 Library 400 gpm 6 4 Settlemier 500 gpm The decision to abandon well #6 on Blaine Street was made in 1984 after a treatment process failed to increase the production capability of this well. The abandonment process for this well began when the pump and motor were removed from the well in November, 1990. Public Works feels that reduced testing costs will provide savings over time that exceed abandonment costs. Abandonment can cost more than $5,000 and the program of abandonment will be extended over two to three years because of the cost. RR:Ig MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator for Information Public Works Program Manager ,4'~ Water Testing Results Announcement January 18, 1991 The following notice will be printed in the newspaper or the next set of water bills mailed by the City. The Environmental Protection Agency required in their rule making that an abbreviated notice such as the one below be sent to water system customers. Federal Water Quality regulations adopted in 1987 required testing of City water for unregulated Volatile Synthetic Organic Chemicals. Testing has been completed and information on results can be obtained from Randall Rohman at 982-5240. A background paper on the testing and results will be provided council at the meeting. MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator for Information Public Works Program Manager Water Master Plan Update January 18, 1991 The last study done on the City water system was completed in 1977. There have been many changes to state and federal laws in the fourteen years since and it is necessary to look at an update. There are four major areas that need to be examined with regard to the city water system. They are: 1. Impact of regulations mandated by the Federal Safe Drinking Water Act 2. Identification of future water sources 3. Evaluation of overhead storage needs 4. Analysis of water treatment options Public Works will be expending a considerable amount of resources in this area over the coming months and years. J WOODBURN POLICE DEPARTMENT 270 Montgomery Street Woodburn, Oregon 97071 982-2345 Ken Wright 'Chief of Police DATE; '~anuary 17, 1991 To:, ayor and Council Fr'~.~//en Wright, Chief of Police Sub~//-~L~t: Preview 1990 annual Statistical Report I am providing you a report from Lt. Eubank, regarding our annual activity report. I would remind you this is not our annual report but, a preview. At first blush, the department has kept major crime to a minus percentage for the third straight year. This is a definite reflection of the strong effort by the officers. We report crime statistics according to the format set our by state law and guidelines set forth by the Law Enforcement Data System. The data is then provided to the Federal Bureau of Investigation for national reporting. My first response to the annual report preview is to commend the men and women of the department. They have responded in a very positive and professional manner to the acts of violence committed upon citizens and property within the city. Without a continuous and absolute response, the criminal element would soon take-over. This past year, as in others, there have been numerous special problems effecting specific areas; however, Woodburn continues to be a very livable and safe city. I am looking forward to providing you a complete and detailed account of the department's activities within the next two or three weeks. KLW/ils cc. M Quinn Lts/Sgts File DATE: January 17, 1991 TO: Ken Wright, Chief of Police FROM: ~on Eubank, £~erations Lieutenant SUBJECT: 1990 Annual Report "Preview" The first year of the 90's was again, a year of decreasing Crime. Total C~ime decreased 9.1%, and the largest decrease was irt Part I Index Crimes, which had an 18.8% decl~ase. P~low, I have listed selected crimes from each category to, show some of the changes from 1989 to 1990. PART I (INDEX CRIMES) INCIDENT 1990 1989 PERCENTAGE CH;~GE RAPE 1 7 -85.7% ROBBERY 16 21 -23.~% AGGRAVATED ASSAULTS 36 25 +66.0~ BURGLARY 138 196 -29.0~ ALL OTHERS 662 780 -17.6% TOTAL** 833 1027 -18.8'%. Overall, Part I Index Crimes decreased 18.8% over last year. PART II ( INDEX CRIMES) INCIDENT 1990 1989 PERCENTAGE CHANGE ASSAULT 195 198 + 3.1% VANDALISM B92 39B +13.3% PROSTITUTION 3 5 -B0.0% NARCOTICS/DRUGS 1~3 251 -~3.C~ DUII 299 219 +36.5% CURFEW 36 22 +56.5% ALL OTHERS 1025 1128 +17.6% TOTAL** 2191 2217 - 1.1% Overall, Part II Index Ca-imes decreased by 1.1% over last year. 1990 Armual Report "Preview" con't Pi~RT I I I ( INDEX CRIMES) INCIDENT 1990 1989 PERCENTAGE CHANGE HIT AND RUN 123 152 -19.0% ELUDING 15 6 +150.0~ WARRANTS ~70 639 -26.&% ASSISTANCE RENDERED 119~ 1292 - 7.5% SUSPICIOUS PER/INCIDENT 716 936 -23.5% Confirmed 11 16 -31.2% False 53 60 -11.6% Accidental 205 259 -20.8% ALL OTHERS 2857 2936 ~3TAL** 56~6 6296 -10.3% Overall, Part III Index Crimes decreased 10.3~ over last year. TOTAL INDF~ CRIW~$ DECRF~$E 9.1% OVER LAST YEAR As I have stated in past years, some Percentage Changes appear to be ta-emendous, however this can be deceiving due to the numbers being compared. Preliminary l~portin§ indicatss another successful year in decx~asing crime, especially Part I Index Crimes. The Consolidated Monthly report was received on January 15, 1991. Lieutenant Null and I are still collecting data and doing additional research to provide some charts and graphs to depict various areas of interest. It appears that we should have this completed and for your review by the 1st of February. **Not all incidents are listed. cc: Lt. Null 2. file