June 8, 2020 Agenda Packet
E RIC S WENSON,M AYOR
D EBBIE C ABRALES,C OUNCILOR W ARD 1
C ITY OF W OODBURN
L ISA E LLSWORTH,C OUNCILOR W ARD II
R OBERT C ARNEY,C OUNCILOR W ARD III
C ITY C OUNCIL A GENDA
S HARON S CHAUB,C OUNCILOR W ARD IV
M ARY B ETH C ORNWELL,C OUNCILOR W ARD V
J UNE 8,2020–7:00 P.M.
E RIC M ORRIS,C OUNCILOR W ARD VI
C ITY H ALL C OUNCIL C HAMBERS –270M ONTGOMERY S TREET
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
3.ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None.
Appointments:
None.
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
None.
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A.COVID-19 Coordination & Communication Team Presentation
6.COMMUNICATIONS
None.
7.BUSINESS FROM THE PUBLIC–This allows the public to introduce items for Council
consideration not already scheduled on the agenda.
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at
503-980-6318or Statewide Toll Free Relay (800) 735-1232, at least 48 hours prior to this meeting.
Si usted necesita asistencia especial, comuníquese al 503-980-6322 o a la línea telefónica gratuita, (800)
735-1232, con un mínimo de 48 horas, antes de la reunión.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-6322.**
June 8,2020Council Agenda Page i
8.CONSENT AGENDA–Items listed on the consent agenda are considered routine
and may be adopted by one motion. Any item may be removed for discussion
at the request of a Council member.
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A.Woodburn City Council minutes ofMay 11, 2020
Recommended Action: Approve the minutes.
B.Intergovernmental Agreement for School Resource Officers4
(Goal 4,7)
Recommended Action:Authorize the City Administrator to sign an
agreement with Woodburn School District for School Resource
Officer services.
C.Liquor License Application for Red Robin International, Inc.10
Recommended Action:Recommend that the OLCC approve the
Liquor License Application for Red Robin International, Inc.
D.Liquor License Application for Abby’s Inc.12
Recommended Action:Recommend that the OLCC approve the
Liquor License Application for Abby’s Inc.
E.Crime Statistics through April 202014
Recommended Action: Receive the report.
F.Building Activity for May 202019
Recommended Action: Receive the report.
9.TABLED BUSINESS
None.
10.PUBLIC HEARINGS
A.Fiscal Year (FY) 2020-21 City Budget Adoption
Recommended Action:Conduct a public hearing to consider
the budget as approved by the Budget Committee
B.Fiscal Year 2020-21 Resolution Regarding State Revenue Sharing
Recommended Action:Conduct a public hearing to receive
comment on the possible uses/distributions of state revenue
sharing funds
11.GENERAL BUSINESS –Members of the public wishing to comment on items of general
business must complete and submit a speaker’s card to the City Recorder prior to
June 8,2020Council Agenda Page ii
commencing this portion of the Council’s agenda. Comment time may be limited
by Mayoral prerogative.
A.Council Bill No.3126–A Resolution Adopting the Fiscal Year (FY) 31
2020-21 Budget; Making Budget Appropriations; and
Categorizing Taxes
Recommended Action:Upon completion of the hearing,approve
the resolution adopting the budget and capital improvements plan,
making appropriations, and declaring and categorizing taxes for FY
2020-21.
B.Council Bill No.3127–A Resolution Declaring the City of Woodburn’s 34
Eligibility and Election to Receive State Revenue Sharing
Recommended Action:Adopt a resolution declaring the City’s
eligibility and election to receive these funds.
C.Council Bill No. 3128–A Resolution Continuing the Declaration of 37
State of Local Emergency in the City Limits of the City of Woodburn
for Purposes of Community Recovery from the Covid-19 Pandemic
Recommended Action:Adopt the Resolution.
D.Council Bill No. 3129–A Resolution Authorizing an Emergency 39
Business Assistance Grant Program to Support Local Businesses
Impacted by Covid-19 and the Governor’s Executive Orders 20-12
Recommended Action:Adopt the Resolution authorizing an
emergency business assistance grant program to support local
businesses impacted by COVID-19 and the Governor’s Executive
Order 20-12.
E.Approval of Property Line Adjustment Agreement between the City 49
of Woodburn and the Woodburn School District to Facilitate the New
City Production Well
Recommended Action:Approve the attached Property Line
Adjustment Agreement between the City of Woodburn and the
Woodburn School District (WSD) and authorize the City Administrator
to sign the Agreement.
F.CDBG Revolving Loan Funds64
Recommended Action:Authorize the City Administrator to submit a
letter to Business Oregon requesting the reallocation of Community
Development Block Grant (CDBG) Housing Rehab program income
to a qualified non-profit agency for use to establish a mortgage
assistance revolving loan program for eligible low to moderate
income Woodburn residents.
June 8,2020Council Agenda Page iii
12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS–These are
Planning Commission or Administrative Land Use actions that may be called up
by the City Council.
A.Call-Up Briefing: Planning Division Staff Approval of a Preliminary 66
Partition of Parcel 3, Partition Plat 2019-069 (Phase 3B of Smith Creek)
Recommended Action:Staff recommends no action and briefs the
Council on this item pursuant toWoodburn Development Ordinance
(WDO) Section 4.02.02. The Council may call up this item for review if
desired and, by majority vote, initiate a review of this decision.
B.Call-Up Briefing: Planning Commission Approval of Design Review, 67
Phasing Plan, Property Line Adjustment, Street Exception, and
Variance Applications for Allison Way Apartments on three lots with no
street addresses and located at the intersection of Stacy Allison Way &
Hooper Street (DR 2019-05, PP 2019-01, PLA 2019-04, EXCP 2020-05, &
VAR 2019-04)
Recommended Action:Staff recommends no action and briefs the
Council on this item pursuant to Woodburn Development Ordinance
(WDO)Section 4.02.02. The Council may call-up this item for review if
desired and, by majority vote, initiate a review of this Commission
decision.
13.CITY ADMINISTRATOR’S REPORT
14.MAYOR AND COUNCIL REPORTS
15.EXECUTIVE SESSION
None.
16.ADJOURNMENT
COUNCIL GOALS 2019-2021
Thematic Goals
1.Create an inclusive environment where residents participate and are engaged in the community (that is vibrant, safe
and active).
2.Promote an environment that encourages sustainable economic health maximizing our geographic, workforce,
cultural and community assets.
Strategic Goals
3.Create an inclusive environment where Woodburn residents want to participate and are engaged in the community.
4.Develop innovative funding sources to help support the completion of capital improvement projects.
June 8,2020Council Agenda Page iv
5.Grow and support strategic partnerships for economic health.
6.Explore the development of a non-profit consolidation facility.
7.Improve Communication and Coordination with School District on matters of mutual interest.
8.Completion of the First Street remodel.
9.Completion of Phase 1 & 2 of the Community Center Project including the formation of an ad hoc steering committee
to review and recommend design.
10.Creation of the Dick Jennings Community Leadership Academy.
11.Develop a strategy to limit PERS liability.
12.Establishment of a Woodburn 20 year community-visioning plan.
June 8,2020Council Agenda Page v
COUNCIL MEETING MINUTES
MAY 11, 2020
DATECOUNCILCHAMBERS,CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, MAY 11, 2020
CONVENEDThe meeting convened at 7:00 p.m. with Mayor Swenson presiding.
ROLLCALL
Mayor Swenson Present
Councilor CarneyPresent -via video conferencing
Councilor Cornwell Present -via video conferencing
Councilor SchaubPresent -via video conferencing
Councilor MorrisPresent -via video conferencing
Councilor EllsworthPresent -via video conferencing
Councilor Cabrales Present -via video conferencing
Staff Present(via video conferencing):City Administrator Derickson, City Attorney
Shields, Assistant City Administrator Row, Economic Development Director Johnk,
Community Development Director Kerr, Police Chief Ferraris,Operations Director Stultz,
Finance Director Turley, Engineering Director Liljequist, City Recorder Pierson
ANNOUNCEMENTS
A.The filing period for Mayor and Council positions will open June 3, 2020. Positions
to be voted upon at the November 3, 2020 general election are as follows:
Mayor: At-Large position (2-year term)
Councilor -Ward I: Precinct 815 (4-year term)
Councilor -Ward II: Precinct 825 (4-year term)
Councilor -Ward VI: Precinct 865 (4-year term)
Candidate filing forms and instructions are available from the City Recorder and
will be posted on the City website.
B.The Woodburn Budget Committee meeting is scheduled for May 14, 2020 at 3:00
p.m.
PROCLAMATIONS/PRESENTATIONS
National Tourism Month May 2020 - Mayor Swenson read a proclamation declaring the
month of May 2020 as National Tourism Month and encouragedeveryone to support the
spirit of travel.
Community Center –Chris Roberts with Opsis Architecture provided an update on the
Community Center project and cost estimates.
W. Hayes Street Improvements - Street Design Update – Fred Wismer with Kittelson
& Associates provided information on the W. Hayes Street Improvements project and
provided the City Council with three Hayes/Settlemier Intersection alternatives. After
questions and discussion there was a consensus of the City Council to proceed with option
number one.
Page 1 - Council Meeting Minutes, May 11, 2020
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COUNCIL MEETING MINUTES
MAY 11, 2020
Strategic Investment Program (SIP) – City Administrator Derickson andEconomic
Development Director Johnk provided information on the Oregon Strategic Investment
Program Process. Informationwas also providedon Project Apofiki and how the Strategic
Investment Program would impact the City. After questions and discussion aconsensus
of the City Council was in favor of moving forward with the Strategic Investment Program.
Carney/Morris….The City Council supports the SIP application on behalf of Apofiki and
authorize staff to enter into conversations. The motion passed unanimously.
CONSENT AGENDA
A.Woodburn City Council minutes of April 13, 2020,
B.Crime Statistics through March 2020,
C.Building Activity for April 2020.
Carney/Ellsworth… adopt the Consent Agenda. The motion passed unanimously.
COUNCIL BILL NO. 3125 –ANORDINANCE CREATING A TEMPORARY
DECLARATION OF CANDIDACY PROCESS FOR THE ELECTION OF CITY
OFFICIALS; MAKING FINDINGS JUSTIFYING THE NEED FOR THIS NEW
ELECTION PROCESS BECAUSE OF THE COVID-19 PANDEMIC; AND
MAKING A DECLARATION OF EMERGENCY AND SUNSET CLAUSE
City Attorney Shields provided a staff report.Carney introduced Council Bill No. 3125.
City Recorder Pierson read the bill twice by title only since there were no objections from
the Council. On roll call vote for final passage, the bill passed unanimously. Mayor
Swenson declared Council Bill No. 3125 duly passed.
AWARD OF CONSTRUCTION CONTRACT FOR THE MILL CREEK PUMP
STATION STANDBY GENERATOR & PHASE 1 UPGRADES PROJECT
Carney/Cornwell…Award the construction contract for the Mill Creek Pump Station
Standby Generator & Phase 1 Upgrades Project to the lowest responsible bidder, R. L.
Reimers Company, in the amount of $727,725.00. The motion passed unanimously.
PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
A. Call-Up Briefing: Community Development Director Approval of an Extension of a
Development Decision for Woodland Crossing 9065 Arney Lane (EXT 2020-01).
B. Call-Up Briefing: Planning Commission Approval of a Design Review and Variance
for I & E Construction at 2215 Progress Way (DR 2019-14 & VAR 2020-02).
C. Call-Up Briefing: Planning Commission Approval of a Design Review for Woodburn
School District at 1800 W. Hayes Street (DR 2020-03)
The City Council declined to call-up any of these items.
CITY ADMINISTRATOR’S REPORT
The City Administrator reported the following:
-The Budget Committee meeting is this Thursday and the City Recorder will send out a
notice to call into that meeting.
-He noted that he has been sending the City Council the weekly Covid-19 Community
Communication andCoordination teams work and that their work is now also including
Page 2 - Council Meeting Minutes, May 11, 2020
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COUNCIL MEETING MINUTES
MAY 11, 2020
North Marion County.
-The City has seen a rash of car thefts and he encouragedpeople to keep their cars locked,
in places that are well lit, and to not leave valuables inside the vehicle.
MAYOR AND COUNCIL REPORTS
Councilor Cabrales asked if the Chief has heard of any street racing and he said that he had
not.
Councilor Cornwell stated that the banners downtown are still snowflakes and asked if
there will be flower baskets downtown this year. Mayor Swenson explained that Woodburn
Proud now does the flower baskets and they are not sure there will be funds to provide
them this year. The City Administrator stated thathe will have public works take down the
snowflake banners. Councilor Cornwell asked that someone make sure the lights on the
trees downtown aren’t getting girdled.
Mayor Swenson asked if the City is looking into the Business Oregon Grant Program and
Economic Development Director Johnk stated that they are. He also noted that the
Governor has May 15 as a time to be able to open retail and that Marion County has
submitted an application to open. He thanked the fire department and police department
for the mini parade helping to recognize nurses and that on Wednesday morning the same
mini parade will go by assisted living places around Woodburn.
ADJOURNMENT
Ellsworth/Cabrales… meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:39 p.m.
APPROVED
ERIC SWENSON, MAYOR
ATTEST
Heather Pierson,CityRecorder
City of Woodburn, Oregon
Page 3 - Council Meeting Minutes, May 11, 2020
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Agenda Item
June 8, 2020
TO:Mayor and City Council through City Administrator
FROM:James C. Ferraris, Chief of Police
SUBJECT:Intergovernmental Agreement for School Resource Officers
(Goal 4,7)
RECOMMENDATION:
Authorize the City Administrator to sign an agreement with Woodburn School
District for School Resource Officer services.
BACKGROUND:
On November 15, 1999, the City of Woodburn and the Woodburn School District
entered into an Intergovernmental Agreement for the purpose of establishing
the duties and responsibilities of a School Resource Officer and established the
financial obligation of each agency.
In previous years, the City and the school district have renewed the School
Resource Officer Intergovernmental Agreement several times withsimilarterms
and conditions as set forth in the original agreement, with the exception of the
financial obligation clause. The term of the current agreement will end on June
30, 2020.
The Woodburn Police Department and the Woodburn School District both
believe that the School Resource Officer Program has proven to be very
beneficial and wish to continue the program within the school district.
As Police Chief, I am pleased to report that our discussions with the School
District led to them agreeing to continue their monetary contribution of$105,000
under the proposed new intergovernmental agreement. Since 2015, we have
negotiated a cost share increase from the School District amounting to $60,000.
This is a more equitable distribution of the costs of maintaining this needed
service.
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance _x____
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Mayor and City Council
June 8,2020
Page 2
DISCUSSION:
This intergovernmental agreement would be effective between July 1, 2020and
June 30, 2021. It would continue to provide the services of one School Resource
Officer at Woodburn High Schooland one School Resource Officer at the
District’s two middle schools, maintaining the City’spartnership with the school
district. The broad spectrum of contacts, interactions, and duties conducted by
the two School Resource Officers provide great benefits to both the police
department and the school district alike. It is an equitable agreement in that
the school district provides funding for partof the officers’ time utilized at
schools, and the City provides for the remainder of the officers’ time.
:
FINANCIAL IMPACT
Over the course of this agreement, the Woodburn School District has agreed to
be responsible for $105,000toward salary and fringe benefits for the two school
resource officers, and the revenue has been included in the FY 2020-21Police
Department budget. The City of Woodburn will provide $281,680.00toward
salary and fringe benefits for the officers. The City’sportion of the funding for
these positions is identified within the Woodburn Police Department FY 2020-21
budget.
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Agenda Item
June 8, 2020
TO:Honorable Mayor and City Council through City Administrator
THRU: James C. Ferraris, Chief of Police
FROM:Andy Shadrin,Lieutenant
SUBJECT:Liquor License Application
RECOMMENDATION:
Recommend that the OLCC approve the LiquorLicense Application for Red
Robin International, Inc.
BACKGROUND:
Applicant: Red Robin International, Inc.
6312 S. Fiddlers Green Circle # 200N
Greenwood Village, OH 80111
Point of
Contact:Jeffrey D. Hern
1211 SW Fifth Ave., Suite 1900
Portland, OR 97204
503-796-2919
Business:Red Robin Gourmet Burgers and Brew
3060 Sprague Lane
Woodburn, OR 97071
503-980-1598
Owner(s): Same as applicant
Agenda Item Review:CityAdministrator ______CityAttorney ______Finance _____
10
Honorable Mayor and City Council
June 8, 2020
Page 2
License Type(s):
Off-Premises -May sellfactory sealed containers of beer, wine and ciderfor
consumption off the licensed premises. May sell beer, wine and cider in a
securely covered, “growler”, for consumption off the licensed premises.
On May 4, 2020, the Woodburn Police Department received an application of
Off-Premises sales liquor license for Red Robin Gourmet Burgers and Brews. The
business currently operates as a restaurant and bar at 3060 Sprague Lane in
Woodburn, OR 97071. The business currently holds a valid Full On-Premises liquor
license. Since April 3, 2020, the business is currently operating with a temporary
90-day “Authority to Operate”issued by the Oregon Liquor Control Commission
in regards to Off-Premises liquor sales in response to restrictions and limitations
imposed on various businesses, restaurants and bars due to the Covid-19crisis.
Currently, the business is operating in a “take-out/delivery” model in compliance
withcurrentexecutive orders. The hours of operation are from11:00 AM to 10:00
PM, Sunday through Thursday and 11:00 AM to 11:00 PM, Friday and Saturday.
Under normal circumstances the business operates with recorded music as
entertainment. The establishment hasrestaurant seating for 96 persons and
lounge seating for 44 persons. The business will also have seasonal outdoor
seating that will also have food and alcohol service. Total number of seatingat
the businesswill be for 140 persons. The Woodburn Police Department has not
received any communication from the public or surrounding businesses in
support of or against the proposed change.
:
DISCUSSION
The Police Department has completed a background investigationofRed Robin
Gourmet Burgers and Brews through various police databases and business
related databases. No items of concern were located during the check.
FINANCIAL IMPACT:
None
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Agenda Item
June 8, 2020
TO:Honorable Mayor and City Council through City Administrator
THRU: James C. Ferraris, Chief of Police
FROM:Andy Shadrin,Lieutenant
SUBJECT:Liquor License Application
RECOMMENDATION:
Recommend that the OLCC approve the LiquorLicense Application for Abby’s
Inc.
BACKGROUND:
Applicant: Abby’s Inc.
2722 NE Stephens St.
Roseburg, OR 97470
541-689-0019
Point of
Contact:Paul Harmon
2722 NE Stephens St.
Roseburg, OR 97470
541-914-2888
Business:Abby’s Legendary Pizza
1215 N Pacific Hwy.
Woodburn, OR 97071
503-981-5494
Owner(s): Same as applicant
Agenda Item Review:CityAdministrator ______CityAttorney ______Finance _____
12
Honorable Mayor and City Council
June 8, 2020
Page 2
License Type(s):
Limited On-Premises –May sell beer, wine, and cider for consumption on the
licensed premises. May sell beer kegs directly to consumers for consumption off
the licensed premises. May sell beer, wine and cider in a securely covered,
“growler”, for consumption off the licensed premises.
On May 11, 2020, the Woodburn Police Department received an application of
Limited On-Premises sales liquorlicense for Abby’s Legendary Pizza. The business
currently operates as a pizza parlor and restaurant 1215 N Pacific Hwy., in
Woodburn, OR 97071. The business currently holds a valid OLCCliquor license.
Currently, the business is operating in a “take-out” model in compliance with
currentgovernor executive orders. The hours of operation are from11:00 AM to
10:00 PM, Sunday through Thursday and 11:00 AM to 11:30PM, Friday and
Saturday.Under normal circumstances the business operates as a dine-in and
take out. The business also contains coin operated games as entertainment.
The business hasrestaurant seating for a total of 132 persons. The business does
not have outdoor seating.The Woodburn Police Department has not received
any communication from the public or surrounding businesses in support of or
against the proposed change.
DISCUSSION:
The Police Department has completed a background investigationofAbby’s
Legendary Pizzathrough various police databases and business related
databases. No items of concern were located during the check.
FINANCIAL IMPACT:
None
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Agenda Item
TO:
Honorable Mayor and City Council through City Administrator
FROM:
Tony Turley,Finance Director
SUBJECT:Fiscal Year (FY) 2020-21 City Budget Adoption
RECOMMENDATION:
Conduct a public hearing to consider the budget as approved by the Budget
Committee, and upon completion of the hearing, approve the resolution
adopting the budget and capital improvements plan, making appropriations,
and declaring and categorizing taxes for FY2020-21.
BACKGROUND:
The Budget Committee of the City of Woodburn met and approved the budget
of $112,013,550on May 14, 2020.On May 27, 2020,the Woodburn Independent
published the financial summary of the Budget Committee’sapproved budget
and a notice of the budget hearing before the City Council, in accordance with
Oregon Local Budget Law (ORS 294.438).
DISCUSSION:
Under Oregon Local Budget Law (ORS 294.456)the City Council may modify the
Budget Committee’s approved budget by an amount not to exceed $5,000 or 10
percent of a fund’s expenditures, whichever is greater, without publishing a
notice of a second budget hearing. The Finance Department proposes adoption
of the budget as approved by the Budget Committee.
FINANCIAL IMPACT:
The resolution adopts the FY 2020-21 annual budget of $112,013,550.
Agenda Item Review:City Administrator __X____City Attorney ___X___Finance _X___
31
COUNCIL BILL NO. 3126
RESOLUTION NO. 2152
A RESOLUTION ADOPTING THE FISCAL YEAR (FY) 2020-21 BUDGET; MAKING
BUDGET APPROPRIATIONS; AND CATEGORIZING TAXES
WHEREAS,the City Administrator, as Budget Officerfor the City of
Woodburn, Oregon, prepared and submitted the FY 2020-21 budget to the
Budget Committee at its May 14, 2020 meeting; and
WHEREAS,the May 14, 2020Budget Committee meeting was noticed
by publication in the Woodburn Independent newspaper onApril 29, 2020;
and
WHEREAS,a public hearing was held at the May 14, 2020Budget
Committee meetingafter which time the budget was approved; and
WHEREAS,the Notice of Budget Hearing and Financial Summary were
published in the Woodburn Independent newspaper on May 27, 2020as
required by ORS294.438; and
WHEREAS,asecond public hearing was held before the City Council
at its meeting on June 8,2020; andNOW, THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1.The City Counciladopts the budget for FY 2020-21 in the sum of
$112,013,550. A copy of the budget document is now on file at City Hall,
270 MontgomeryStreet, Woodburn, Oregon.
Section 2. The City Council imposes the taxes provided for in the adopted
budget at a permanent rate of $6.0534 per $1,000 of assessed value for
operations, and inthe aggregate amount of $590,000forpublic safety
general obligation (GO) bonds. These taxes are hereby imposed and
categorized for tax year 2020-21 based upon assessed value of all taxable
property within the City.
General Government Excluded from Limitation
Permanent Rate Limit$6.0534/$1,000 -
GO Bond Levy - $590,000
Page 1 – COUNCIL BILL NO. 3126
RESOLUTION NO.2152
32
Section 3.FY 2020-21 budgets are appropriated at the fund levels shown:
OrganizationOperating* TransfersDebtContingencyTotalReservesTotal
Administration 1,661,680 1,661,680
Economic Development 174,640 174,640
Police 8,584,580 8,584,580
Community Services 3,605,800 3,605,800
Planning 507,820 507,820
Engineering 310,440 310,440
Non-Departmental 409,460 150,000 574,500 1,133,960
General Fund 3,813,610 3,813,610 1,336,780
Total General Fund 15,254,420 150,000 574,500 3,813,610 19,792,530 1,336,780 21,129,310
Transit 881,590 - 9,010 890,600 890,600
Building 1,119,790 779,100 1,898,890 1,898,890
Asset Forfeiture 15,000 15,000 15,000
Housing Rehab 20,660 413,910 434,570 434,570
Street 3,378,350 1,945,460 965,720 6,289,530 6,289,530
GO Debt Service 590,000 590,000 590,000
General Cap Const 1,969,700 285,350 2,255,050 2,255,050
Special Assessment 33,050 33,050 33,050
Street/Storm Cap Const 5,850,000 5,850,000 5,850,000
Parks SDC 1,005,050 1,005,050
Street SDC 1,000,000 1,000,000 2,890,450 3,890,450
Storm SDC 140,000 140,000 604,130 744,130
Sewer Cap Const 8,960,000 11,947,440 20,907,440 20,907,440
Water Cap Const 3,050,000 3,050,000 3,050,000
Water 2,689,640 559,550 1,563,430 162,080 4,974,700 1,380,300 6,355,000
Sewer 4,414,460 7,010,570 13,500,000 882,000 25,807,030 2,816,340 28,623,370
Water SDC 800,000 800,000 1,281,430 2,081,430
Sewer SDC 2,089,430 2,089,430 2,089,430
Information Technology 1,182,000 - 248,860 1,430,860 167,000 1,597,860
Insurance 847,760 - 515,960 1,363,720 1,363,720
Equipment Replacement 880,660 880,660 880,660
PERS Reserve - - -
Lavelle Black Trust 20,000 19,010 39,010 39,010
TOTAL 50,534,030 25,927,800 16,227,930 7,842,310 100,532,070 11,481,480 112,013,550
*Operating Budget: Personnel, Materials and Services, and Capital Outlay
Approved as to Form:
City Attorney Date
APPROVED:
Eric Swenson, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 – COUNCIL BILL NO. 3126
RESOLUTION NO.2152
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Agenda Item
June 8, 2020
TO:Mayor and City Council through City Administrator
FROM:Tony Turley,Finance Director
SUBJECT: Fiscal Year 2020-21 Resolution Regarding State Revenue Sharing
RECOMMENDATION:
Conduct a public hearing to receive comment on the possible uses/distributions
of state revenue sharing funds and adopt a resolutiondeclaring the City’s
eligibility and election to receive these funds.
BACKGROUND:
In order for the City of Woodburn to receive a share of state revenues
apportioned and distributed to Oregon cities during fiscal year (FY) 2020-21, the
City Council must enact an ordinance or resolution certifying:
1.Eligibility to receive state shared revenue perORS 221.760; and
2.Elect to receive state shared revenue per ORS 211.770.
The ordinance or resolution must be filed withthe Oregon Department of
Administrative Services no later than July 31.Notice of the hearing was published
on May 27, 2020in the Woodburn Independent.
DISCUSSION:
Upon completion of the public hearing, consider adopting a resolution to receive
state shared revenue;$317,500in the FY 2020-21 Approved Budget.
FINANCIAL IMPACT:
The resolution declares the City’s eligibility and qualification to receive state
shared revenue, budgeted at $317,500in the FY 2020-21 Approved Budget.
Agenda Item Review:City Administrator __X____City Attorney ___X___Finance _X___
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COUNCIL BILL NO. 3127
RESOLUTION NO. 2153
A RESOLUTION DECLARING THE CITY OF WOODBURN’SELIGIBILITY AND
ELECTION TO RECEIVE STATE REVENUE SHARING
WHEREAS, the City of Woodburn desires to receive a share of state
revenues apportioned and distributed to the cities of thestate during Fiscal
Year 2020-2021 as provided in ORS 221.760 and ORS 221.770; and
WHEREAS,ORS 221.760 provides as follows:
The officer responsible for disbursing funds to cities under ORS
323.455, 366.785 to 366.820 and 471.805 shall, in the case of a
city located within a county having more than 100,000
inhabitants according to the most recent federal decennial
census, disburse such funds only if the city provides four or more
of the following services:
(1)Police Protection
(2)Fire protection
(3)Street construction, maintenance and lighting
(4)Sanitary sewer
(5)Storm sewers
(6)Planning, zoningand subdivision control
(7)One or more utility services
WHEREAS,ORS 221.770(1)(a) requires that any city electing to receive
a distribution must enact an ordinance or resolution expressing that
election and file the same with the Oregon Department of Administrative
Services no later than July 31; and
WHEREAS,ORS221.770(1)(b) requires that any city electing to receive
a distribution must hold at least onepublic hearing at which citizens have
the opportunity to provide written or oral comment on the possible uses of
the distributions; NOW, THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1.That the City Council of the City of Woodburn hereby
certifies that it provides the following four or more municipal services
enumerated in Section 1, ORS 221.760:
Page 1 – COUNCIL BILL NO. 3127
RESOLUTION NO. 2153
35
Police protection
Street construction, maintenanceand lighting
Sanitary sewer
Storm sewers
Planning, zoning and subdivision control
One or more utility services
Section 2.The City of Woodburn hereby elects to receive
distributions of staterevenues during FY 2020-2021 pursuant to ORS
221.770(1)(a).
Section 3.The City Council hereby certifies that it conducted a
public hearing, after giving public notice, on June 8, 2020and called for
written and oral comment on the possible uses of the distributions and
that the hearing complied with ORS221.770(1)(b) and (c).
Section 4. The City Recorder is directed to certify compliance with
the public hearing requirementsand file this resolutionwith the Oregon
Department of Administrative Services by July 31, 2020.
Approved as to Form:
City AttorneyDate
APPROVED:
Eric Swenson, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 – COUNCIL BILL NO. 3127
RESOLUTION NO. 2153
36
COUNCIL BILL NO. 3128
RESOLUTION NO. 2154
A RESOLUTION CONTINUINGTHE DECLARATION OFSTATE OF LOCAL EMERGENCY
IN THE CITY LIMITS OF THE CITY OF WOODBURN FOR PURPOSES OF COMMUNITY
RECOVERY FROM THE COVID-19 PANDEMIC
WHEREAS, COVID-19 was declared a pandemic by the World Health
Organization on March 11, 2020; and
WHEREAS, COVID-19can cause respiratory disease, with the potential to
cause serious illness or loss of life for individuals with underlying health conditions;
and
WHEREAS, COVID-19 requires a significant amount of resources at the
local level to keep the public and community informed and as safe as possible;
and
WHEREAS, on March 8, 2020, Governor Kate Brown declared a state of
emergency due to the COVID-19 outbreak in Oregon (Executive Order No. 20-
03), finding that COVID-19 has created a threat to public health and safetyand
constitutes a statewide emergency under ORS 401.025(1); and
WHEREAS,on March 16, 2020, the City Council adopted Resolution 2151,
declaring astate of local emergency pursuant to ORS 401.309(1); and
WHEREAS, this local emergency declaration expires on June 30, 2020 and
should be renewed to ensure community recovery;NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section1.The City Council finds that, despite its best efforts, the City of
Woodburn has not yet recovered from the impact of COVID-19.
Section 2.That City Council further finds that, because of COVID-19, the
City of Woodburn must comply with state and federal regulation and is eligible
for state and federal relief.
Section 3.The City Council continues the declaration of local
emergency pursuant to ORS 401.309(1) untilSeptember 1, 2020, unless
superseded sooner by action of the City Council.
Page 1 –Council Bill No. 3128
Resolution No. 2154
37
Section 4.The City Administrator is directed to continue to take such
actions and issue such orders as necessary to recover from this emergency and
protect the Woodburn community.
Section 5.The City shall take all necessary steps authorized by law to
coordinate response and recovery from this emergency, including, but not
limited to, requesting assistance and potential reimbursements from the State of
Oregon and the appropriate federal agencies.
Section 6.That emergency procurements of goods and services
continue to be authorized pursuant to ORS 279B.080, ORS 279C.335(6), ORS
279.380(4), and all other applicable rules.
Approved as to form:
City AttorneyDate
Approved:
Eric Swenson, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
Page 1 –Council Bill No. 3128
Resolution No. 2154
38
Agenda Item
June 8, 2020
TO:Honorable Mayor and City Council
FROM: Jamie Johnk, Economic Development Director
SUBJECT:Woodburn Emergency Business Assistance Grant program
RECOMMENDATION:
Adoptthe Resolution authorizing an emergency business assistance grant
program to support local businesses impacted by COVID-19 and the Governor’s
Executive Order 20-12.
:
BACKGROUND
On March 23, 2020, Governor Kate Brown issued Executive Order 20-12, "Stay
Home, Save Lives," which required reduced services or temporary closure on
many Woodburn businesses, the impact of which has caused financial distress
and uncertainty.
The City of Woodburn recognizes the importance of ensuring continued success
of local businesses for the city’s economic healthand prosperity. Therefore, staff
is presenting for consideration the Woodburn Emergency Business Assistance
Grant Program. This program will provide funding to Woodburn businesses
impacted by the COVID-19 pandemic and through the Governor’s Executive
Order. Funding would be available to assist businesses with rent/lease, mortgage,
utilities, property taxes, and/or the purchase of protective equipment,
improvements, or suppliesneeded to reopen.
:
DISCUSSION
Woodburn’s Emergency Business Assistance Grant program will provide one-time
funding to small businesses in an amount up to $2,000. Grant funds can be used
for expenses such as rent/lease, mortgage, utilities, property taxes, and for
protective equipment, improvements and supplies required for re-opening a
business.
Funds for this program are limited with $48,000 available to grant and will require
an application process for funding consideration. Applications will be accepted
from June 15 to June 21, 2020, with all funds to be committed and/or disbursed
Agenda Item Review:City Administrator __x____City Attorney __x____Finance ___x__
39
Honorable Mayor and City Council
June 8, 2020
Page 2
by June 30, 2020. The program is in effect during the City of Woodburn’s declared
state of emergency or until program funds are exhausted.
:
FINANCIAL IMPACT
FY 2019-20General Fund dollars ($50,000) would be allocated to fund the
Emergency Business Assistance Grant Program. $48,000 would be awarded to
Woodburn businesses through an application process with a maximum grant of
$2,000 per business. $2,000 would be provided to the Woodburn Area Chamber
of Commerce for assistance in marketing and administering the Program.
40
COUNCIL BILL NO. 3129
RESOLUTION NO. 2155
A RESOLUTION AUTHORIZING AN EMERGENCY BUSINESS ASSISTANCE GRANT
PROGRAM TO SUPPORT LOCAL BUSINESSES IMPACTED BY COVID-19 AND THE
GOVERNOR’S EXECUTIVE ORDERS 20-12
WHEREAS, in response to the novel coronavirus (COVID-19) outbreak, the
State of Oregon has taken important measures to limit the spread of the disease
in our communities; and
WHEREAS,on March 23, 2020, Governor Kate Brown issued Executive
Order 20-12, "Stay Home, Save Lives," which placed certain restrictions onsocial
gatherings and closed certain businesses; and
WHEREAS,many local businesses in the City of Woodburn have been
impacted by the Governor’s order; and
WHEREAS, the Council recognizes the importance of ensuring continued
success of local businesses for the city’s economic health; and
WHEREAS, an Emergency Business Assistance Grant Program will provide
essential funding to assist businessesimpacted by the COVID-19 pandemic with
rent/lease, mortgage, utilities, property taxes, and/or the purchase of protective
equipment, improvements, or suppliesneeded to reopen; NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. AnEmergency Business Assistance Grant Program, with
.
funding in the amount of $48,000, is established as provided in Exhibit A
Approved as to form:
City AttorneyDate
Approved:
Eric Swenson, Mayor
Passed by the Council
Page 1 –Council Bill No. 3129
Resolution No. 2155
41
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
Page 1 –Council Bill No. 3129
Resolution No. 2155
42
Exhibit A
WOODBURN EMERGENCY BUSINESS ASSISTANCE GRANT
Program Overview: On June 8, 2020 the Woodburn City Council passed a Resolution to establish an
emergency business assistance grant program to support small businesses in the City of Woodburn.
Due to the COVID-19 pandemic and as a result of the Governor’s Executive Orders 20-07, 20-10, and
20-12 reducing services or temporarily closure, many Woodburn businesses have experienced financial
distress and uncertainty.
Woodburn’s Emergency Business Assistance Grant program will provide one-time funding to small
businesses in an amount up to $2,000. Grant funds can be used for expenses such as rent/lease,
mortgage, utilities, property taxes, and for protective equipment, improvements and supplies required
for re-opening a business.
Funds for this program are limited with $48,000available to grant and will require an application
process for funding consideration. Applications will be accepted from June 15- to June 21, 2020, with
all funds to be committed and/or disbursed by June 30, 2020. The program is in effect during the City
of Woodburn’s declared state of emergency or until program funds are exhausted.
P ROGRAM G UIDELINES AND B USINESS E LIGIBILITY
Business Eligibility: The following checklist can be used to determine a businesses eligibility.
Business is located within Woodburn’s city limits.
Business has a City of Woodburn business license/registration.
Business has less than 15 employees.
Business continues to be in operation when government orders are lifted.
Please note – preference will be given to those businesses temporarily closed or suffered reduced
services due to Governor’s Executive Order 20-07, 20-10, and 20-12.
If you have checked all of the boxes, your business is eligible for grant funding.
Eligible Expenses: The following checklist can be utilized to determine if a businesses expenses are
eligible for program funds.
Rent/Lease Payment
Mortgage Payment
Utilities
Property Taxes
Protective Equipment, Improvements, Supplies
1 | Page
43
Exhibit A
If you have checked one or more of the boxes, your business expenses are eligible under the program
criteria.
Application Process:
The business will submit an online application to the City during the one-weektimeline provided
below along with the required attachments applicable to the request:
Rent/Lease Agreement
Mortgage Statement (last 3 months)
Evidence of Employees (employment reports)
Utility Statements (last 3 months)
Property Tax Statement (2018-2019)
List of Protective Equipment, Improvements, Supplies
Form W-9
The applicant must provide evidence of need for funds by demonstrating how they have
experienced financial hardship as a result of COVID-19 and the Governor’s Executive Orders.
The applicant must detail how grant funds will be used and how the funding will assist in meeting
re-opening guidelines, and/or how funding will help to keep the business operable post COVID-19.
The applicant must provide a 6-month business plan outlining how they will operate and regain a
strong financial recovery.
Application Scoring:
Applications will be reviewed for completeness and will be scored using the following criteria:
Needs StatementScore –30 points
How Funds Will Be Used Score – 20 points
6 Month Business Plan Score – 30 points
Business Impact from Governor’s Executive OrderScore -20 points
Please note – scoring will be based solely on the strength of the information provided in the
application and supporting documents.
WOODBURN EMERGENCY BUSINESS ASSISTANCE GRANT
2 | Page
44
Exhibit A
Program Timeline:
City Council Approval June 8, 2020
Program Outreach June 10 to June 14, 2020
Application Process Opens June 15, 2020
Application Process Closes June 21, 2020
Application Review and Scoring June 22 to June 25, 2020
Grant Awards June 26 to June 30, 2020
For Additional Program Information Contact:
City of Woodburn Woodburn Chamber of Commerce
Phone: 503-980-6320 Phone: 503-982-8221
exd@woodburnchamber.org
Email: Amanda.Setzer@ci.woodburn.or.us Email:
3 | Page
45
Exhibit A
WOODBURN EMERGENCY BUSINESS ASSISTANCE GRANT APPLICATION
BUSINESS INFORMATION
Business Name: _______________________________________________________________________
Address: __________________________________________________________ Woodburn, OR 97071
Contact Name: ________________________________________ Phone: _______________________
Email: _______________________________________________ Website: _____________________
BUSINESS ELIGIBILITY: (Check all that apply)
Located in Woodburn City Limits
Woodburn Business License/Registration: #___________________________
Less than 15 Employees
Plans to Continue Operations Post COVID-19
Temporarily Closed or Reduced Services Due to Governor’s Executive Order
FUNDS REQUESTED: $ _______________________________ (not to exceed $2,000)
USE OF FUNDS: (Check all that apply)
Rent/Lease: Monthly rent/lease amount $___________
o Provide copy of rental/lease agreement with landlord contact information.
Mortgage: Monthly mortgage payment $____________
o Provide mortgage statement for last 3 months
Utilities: Provider:___________________________ Amount $______________
o Provide utility statements for past 3 months
Property Taxes: Amount $____________________ Tax Year: __________________
o Provide copy of tax statement
Protective Equipment, Improvements and/or Supplies: Amount $ ______________________
o Provide detailed description: ___________________________________________________
Please provide a detailed description of the proposed use of funds:
NEEDS STATEMENT:
Please provide a detailed explanation of your businesses need for these funds.
1 | Page
46
Exhibit A
Please share how COVID-19 and/or the Governor’s Executive Order(s) impacted your business.
6 MONTH BUSINESS PLAN:
Please provide a detailed plan reflecting how your business will operate to ensure financial recovery over the
next 6 months.
CURRENT NUMBER OF EMPLOYEES:
# Full-Time Employees ________________ # Part-Time Employees ________________
ADDITIONAL INFORMATION:
Have you received other COVID-19 funding assistance (SBA, Marion County, PPE, other)?
Yes No
If yes, please provide information on funds received: __________________________________________
Are you aware of programs and resources available to businesses in the Woodburn area (SBDC, MERIT,
etc.)? Yes No
Are you interested in receiving information on business resources? Yes No
Please describe your business needs: __________________________________________________
Are you a member of the Woodburn Area Chamber of Commerce? YesNo
CERTIFICATION: I hereby certify that all information contained in this application andsupporting documents
attached hereto are true and correct to the best knowledge and belief of the applicant.
_________________________________________ ______________________
Signature Date
_________________________________________ _______________________
Printed Name Title
2 | Page
47
Grant No.
Exhibit A
WOODBURN EMERGENCY BUSINESS ASSISTANCE GRANT PROGRAM
Grant Award Agreement
The Woodburn City Council passed Resolution _____ to establish an emergency business
assistance grant program to support businesses in the City of Woodburn. Due to the COVID-19
pandemic and as a result of the Governor’s Executive Orders 20-07, 20-10, and 20-12 reducing
services or temporarily closure, many Woodburn businesses have experienced financial distress
and uncertainty.
Woodburn’s Emergency Business Assistance Grant program will provide one-time funding to
small businesses in an amount up to $2,000. Grant funds can be used for expenses such as
rent/lease, mortgage, utilities, property taxes, and for protective equipment, improvements
and supplies required for re-opening a business. The program is in effect during the City of
Woodburn’s declared state of emergency or until program funds are exhausted.
Awardee (Business Name): _______________________________________________________
Address: ____________________________________________________ Woodburn, OR 97071
Contact Name: ______________________________ Phone Number: ____________________
Amount of Funds Awarded: $Date of Award:
Use of Funds:
Rent/Lease Payment
Mortgage Payment
Utilities
Property Taxes
Protective Equipment, Improvements, Supplies
By signing this Agreement, the Awardee agrees to the following:
Certifies that all of the information provided in the application is true and correct.
Assume responsibility and accountability forfunds received.
Use grant funds as described in the application.
Return any unused portion of the award to the City of Woodburn.
___________________________________________ ________________
Awardee Signature Date
___________________________________________
Printed Name
48
Agenda Item
June 8, 2020
TO:Honorable Mayor and City Councilthrough City Administrator
FROM:Eric Liljequist, Public Works Projects & Engineering Director
SUBJECT:Approval of Property Line Adjustment Agreement between the City of
Woodburn and the Woodburn School District to Facilitate the New
City Production Well
RECOMMENDATION:
Approve attached Property Line Adjustment Agreementbetween the City of
Woodburn and the Woodburn School District (WSD) and authorize the City
Administrator to sign the Agreement.
BACKGROUND:
City Council awarded a contract for design, bid and construction management
services for the New Production Well for the Parr Road Treatment PlantProject to
Murraysmith, Inc.on December 9, 2019.
:
DISCUSSION
To facilitate the completion of thewater production well project, the City of Woodburn
needs to acquirea 100’ x 200’ section of WSD propertyat 440-450 Parr RoadNE to add
to the City’s adjacent property located at 900 Parr Road NE(Centennial Park). To
complete this transaction, WSD has agreed to a property line adjustment(PLA)that
will move the boundary line between the two parcels of property, addingthis new
section to the City's property.Please see the attached PLA agreement containing a
map of the new boundary line.
As part of the PLA, the agreement includespaying the WSDfair market value for this
property, currently $16,241.00 based onMarionCounty property information. In
addition to the consideration, the agreement also stipulates Cityresponsibility for all
required property surveys and recording fees in conjunction with the PLAprocess,and
for theinstallation ofa fence on the newly acquired property boundaries to provide
protection and delineation of the newly acquired area. This additional City land will
Agenda Item Review:City Administrator __X____City Attorney __X____Finance ___X__
49
Honorable Mayor and City Council
June 8, 2020
Page 2
allow for a new production well site that is more conducive for accommodating other
activities occurring year-round at Centennial Park.
FINANCIAL IMPACT:
The fees associated with the PLA are included in the approved2019/20fiscal year
budgetfrom thewaterfund.
50
PROPERTY LINE ADJUSTMENT AGREEMENT
440-450 PARR ROAD NE & 900 PARR ROAD NE, WOODBURN, OREGON
THIS Property Line Adjustment Agreement ("Agreement") is made and entered into as of the
day of , 2020 ("Effective Date"), byand between the Woodburn School District, an Oregon
school district("Grantor"), and the City of Woodburn, an Oregon municipal corporation ("Grantee")
(collectively the "Parties").
BACKGROUND
A.Grantor owns certain real property generally located at 440-450 Parr Road NE, Woodburn,
Oregon, legally described in Exhibit A attached hereto ("Grantor's Property").
B.Grantee owns certain other real property generally located at 900 Parr Road NE, Woodburn,
attached
Oregon, adjacent to and west of Grantor's Property, legally described in Exhibit B
hereto ("Grantee's Property").
C.Grantor's Property and Grantee's Property share a common boundary along the west side of
Grantor's Property and the east side of Grantee's Property, as reflected in the recorded deeds
for the subject properties ("Existing Property Line").
D.The Parties desire to adjust the Existing Property Line, as generally depicted and described on
the New Property Line Map attached as Exhibit C("New Line"), such that a portion of Grantor's
Property identified as a 100' x 200' section of propertyon the New Property Line Map, and
consisting of 20,000 square feet (the "Assemblage Parcel"), will become the property of Grantee
and form a part of Grantee's Property from and after the effective date of the adjustment.
NOW THEREFORE, the Parties Agree as Follows:
AGREEMENT
1.Adjustment of Property Line. For and in consideration of the Purchase Price (as defined in
Section 2) and the mutual promises, covenants, representation and warranties contained in this
Agreement, Grantor shall transfer and convey, and Grantee shall accept all right, title, and interest of
the Grantor in and to the Assemblage Parcel, for the purpose of adjusting and replacing the Existing
Property Line with the New Line, free and clear of all monetary liens and encumbrances. In furtherance
and as evidence of the property line adjustment set forth by this Agreement, at the Closing (as defined
in Section 3), the Parties shall cause a Property Line Adjustment Deed, a form of which is attached
hereto as Exhibit D, to be executed, acknowledged, and recorded in the official records of Marion
County, Oregon.
2.Consideration. As consideration for the Grantor's conveyance of its interest in the Assemblage
Parcel, Grantee shall pay to Grantor, at the Closing, the sum of sixteen thousand two hundred forty-one
0/100 dollars ($16,241.00) ("Purchase Price").
3.Closing. The closing of the transaction contemplated by and under this Agreement (the
"Closing") shall be held at the time of final approval of the subject property line adjustment by the City
PROPERTY LINE ADJUSTMENT AGREEMENT
440-450 Parr Road NE, Woodburn, Oregon Page 1 of 13
51
of Woodburn per Woodburn Development Ordinance Section 5.01.08. At or prior to the Closing, the
following shall occur, each of which shall be considered a condition precedent and all of which shall be
considered as taking place simultaneously:
a)The Parties shall execute, acknowledge, deliver and record a Property Line Adjustment Deed
with the Marion County Recorder;
b)Grantee shall deliver the Purchase Price to the Grantor;
c)Grantee shall have constructed a fence along the New Line as described in Section 5;
d)At Grantee's discretion, a title company shall agree to issue to Grantee, at Grantee's
expense, an ALTA standard coverage owner's policy of title insurance in an amount equal to
the Purchase Price, naming the Grantee as the insured and insuring that, as of the Closing,
marketable, indefeasible, fee simple title in and to the Assemblage Parcel is vested in the
Grantee; and
e)The Parties shall execute and deliver such other documents and take such other actions as
are reasonably necessary and appropriate to effectuate the Closing.
4.Property Line Adjustment Application Process. The Parties acknowledge that the property line
adjustment contemplated by this Agreement is subject to approval by the City of Woodburn, in
accordance with its development ordinance and Oregon state law. The Parties acknowledge and agree
that Grantee shall be responsible for pursuing the necessary approvals from the City, including
preparation of all required applications and surveys, and shall be responsible for all costs associated
therewith. The Grantor shall cooperate with Grantee in pursing all necessary approvals from the City's
planning department, including granting Grantee access to Grantor's Property and the Assemblage
Parcel for surveying purposes.
5.Fence Line. Grantee, at its sole cost and expense, shall have a fence constructed along the New
Line prior to the date of Closing. The fence shall be constructed of chain link with slats and in accordance
with the City of Woodburn development ordinance sections 2.06.02 and 5.01.03.
6.Representation & Warranties.
6.1.Authority. The Parties represent and warrant that each has obtained all requisite
authorizations for the execution and delivery of this Agreement and the performance of the
transactions contemplated by this Agreement, and that the execution and delivery of this
Agreement are made pursuant to such authorizations.
6.2.Title Covenant. Grantor represents and warrants that it is the sole owner of fee title to
Grantor's Property, fee of all liens and encumbrances that would otherwise prevent or frustrate
the property line adjustment contemplated by this Agreement.
6.3.Litigation. Grantor represents and warrants that there are no pending claims or
litigation or threats of claims or litigation or other matters of which Grantor is aware that could
adversely affect carrying out the property line adjustment or Grantee's future use and
enjoyment of the Assemblage Parcel.
PROPERTY LINE ADJUSTMENT AGREEMENT
440-450 Parr Road NE, Woodburn, Oregon Page 2 of 13
52
6.4.Encroachment
. To Grantor's knowledge no existing building, structure, or improvement
of any kind encroaches upon the Assemblage Parcel from any adjacent property and there are
no present or past discrepancies or disputes regarding the boundary of the Assemblage Parcel.
6.5.Bankruptcy or Foreclosure Affecting Property. To Grantor's knowledge, none of the
following has occurred with respect to Grantor'sProperty or Grantor: (i) appointment of a
receiver, liquidator, or trustee for the real estate; (ii) institution of any proceeding for
dissolution or liquidation; (iii) filing or any petition for bankruptcy, or action toward
reorganization; or (iv) pending foreclosure or forfeiture action.
6.6.Survival. The representations and warranties in this section shall survive Closing for a
period of twelve (12) months.
. Excepting only the specific representations and warranties of Grantor
7.Condition of Property
contained in Section 6 of this Agreement, all of which shall survive Closing and shall not merge with the
deed, Grantee accepts the land and improvements conveyed under this Agreement, and all other
aspects of the Assemblage Parcel in its present condition, AS IS, WHERE IS, including latent defects,
without any representations or warranties from Grantor or any agent or representative of Grantor,
expressed or implied, except for such warranties that may arise by law under the Deed and except as
otherwise specifically set forth in this Agreement. Grantee agrees that Grantee has ascertained, from
sources other than Grantor or any agent or representative of Grantor, the condition of the Assemblage
Parcel, its suitability for Grantor's purposes, and the applicable zoning, building, housing, and other
regulatory ordinances and laws affecting the Assemblage Parcel. Grantee accepts the property with full
awareness of the ordinances and laws as they may affect the present use or any intended future use of
the property.
8.General Provisions.
8.1.Possession. Grantee will be entitled to sole possession of the Assemblage Parcel from
and after the date of Closing.
8.2.No Partnership. This Agreement is not intended to create an shall not in be in any way
interpreted or construed to create a joint venture, partnership, or any similar relationship
between the Parties.
8.3.No Third Party Beneficiaries. The Grantor and Grantee are the only parties to this
Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement
gives, is intended to give, or shall be construed to give or provide any benefit or right, whether
directly, indirectly or otherwise, to third persons unless such third persons are individually
identified by name herein and expressly described as intended beneficiaries of the terms of this
Agreement.
8.4.Severability. The parties agree that if any term or provision of this Agreement is
declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity
of the remaining terms and provisions 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 term
or provision held to be invalid.
PROPERTY LINE ADJUSTMENT AGREEMENT
440-450 Parr Road NE, Woodburn, Oregon Page 3 of 13
53
8.5.Governing Law
. This Agreement shall be governed by and construed in accordance with
the laws of the State of Oregon without regard to principles of conflicts of law. Any claim,
action, suit or proceeding (collectively, "Claim") between the Grantor and Grantee that arises
from or relates to this Agreement shall be brought and conducted solely and exclusively within
the Circuit Court of Marion County for the State of Oregon. The Parties hereby agree to the in
personam jurisdiction of such court and waives any claims of an inconvenient forum.
8.6.Merger Clause; Waiver. This Agreement and attached exhibits constitute the entire
agreement between the parties on the subject matter hereof. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
No waiver, consent, modification or change of terms of this Agreement shall bind either party
unless in writing and signed by both parties. Such waiver, consent, modification or change, if
made, shall be effective only in the specific instance and for the specific purpose given. The
failure of either party to enforce any provision of this Agreement shall not constitute a waiver by
that party of that or any other provision.
\[Signatures Follow on Next Page\]
PROPERTY LINE ADJUSTMENT AGREEMENT
440-450 Parr Road NE, Woodburn, Oregon Page 4 of 13
54
The Parties have entered into this Property Line Adjustment Agreement as of the day and year
first written above.
GRANTOR:
WOODBURN SCHOOL DISTRICT
By:
Its:
Date
STATE OF OREGON )
COUNTY OF MARION ) ss.
The foregoing instrument was acknowledged before me on this day of , 2020,
by as the
of .
___________________________
___________________________
(Print Name)
My appointment expires:_______
GRANTEE:
CITY OF WOODBURN
Scott Derickson
City Administrator
Date
STATE OF OREGON )
COUNTY OF MARION ) ss.
The foregoing instrument was acknowledged before me on this day of , 2020,
by as the
of .
___________________________
___________________________
(Print Name)
My appointment expires:_______
PROPERTY LINE ADJUSTMENT AGREEMENT
440-450 Parr Road NE, Woodburn, Oregon Page 5 of 13
55
EXHIBIT A
DESCRIPTION OF GRANTOR'S PROPERTY
Address: 440-450 Parr Road NE, Woodburn, Oregon 97071
Tax Parcel #: 052W13 00500
Acres: 48.32
Property Description: \[legal description to be inserted\]
GRANTOR'S PROPERTY
\[SCHOOL DISTRICT
PROPERTY\]
PROPERTY LINE ADJUSTMENT AGREEMENT
440-450 Parr Road NE, Woodburn, Oregon Page 6 of 13
56
EXHIBIT B
DESCRIPTION OF GRANTEE'S PROPERTY
Address: 900 Parr Road NE, Woodburn, Oregon 97071
Tax Parcel #: 052W13 00700
Acres: 24.79
Property Description: \[legal description to be inserted\]
GRANTEE'S PROPERTY
\[CITY OF WOODBURN PROPERTY\]
PROPERTY LINE ADJUSTMENT AGREEMENT
440-450 Parr Road NE, Woodburn, Oregon Page 7 of 13
57
EXHIBIT C
NEW PROPERTY LINE MAP
GRANTEE'S PROPERTY
GRANTOR'S PROPERTY
\[CITY OF WOODBURN PROPERTY\]
\[SCHOOL DISTRICT
PROPERTY\]
EXISTING BOUNDARY
TO REMAIN
NEW PROPERTY
LINE
ASSEMBLAGE
PARCEL
PROPERTY LINE ADJUSTMENT AGREEMENT
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EXHIBIT D
FORM OF PROPERTY LINE ADJUSTMENT DEED
\[Like form to be recorded after application approved and upon Closing\]
After recording return to:
PROPERTY LINE ADJUSTMENT DEED
, GRANTOR, convey and warrants to
, GRANTEE, the following described real property, situated in Marion
County, State of Oregon:
SEE LEGAL DESCRIPTION ON ATTACHED EXHIBIT "A"
The true consideration for this conveyance is .
This is a property line adjustment deed. In compliance with ORS 92.190, the following information is
furnished:
1.The names of the parties to this deed are as set forth above.
2.The description of the adjusted line is as follows:
SEE LEGAL DESCRIPTION ON ATTACHED EXHIBIT "B"
3.The deed whereby Grantor acquired title to the transferred property is recorded in Reel No.
of the Deed of Records of Marion County, Oregon.
4.The deed whereby Grantee acquired title to the property to which the transferred property is
joined is recorded in Reel No. of the Deed of Records of Marion County,
Oregon.
5.The survey and monumentation, as required by ORS 92.060 and 209.250, were done by
. The survey is filed with the County Surveyor under Marion County
Surveyor's Records, Map No. .
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON’S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336
AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,
OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES
PROPERTY LINE ADJUSTMENT AGREEMENT
440-450 Parr Road NE, Woodburn, Oregon Page 9 of 13
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NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE
LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES
OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST
PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING
PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5
TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS
2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
DATED this day of , 2020.
GRANTOR:
WOODBURN SCHOOL DISTRICT
By:
Its:
STATE OF OREGON )
COUNTY OF MARION ) ss.
The foregoing instrument was acknowledged before me on this day of , 2020,
by as the
of .
___________________________
___________________________
(Print Name)
My appointment expires:_______
ACCEPTANCE
The undersigned Grantee hereby accepts this property line adjustment deed and signs this acceptance
in accordance with ORS 92.190(4).
GRANTEE:
CITY OF WOODBURN
Scott Derickson
City Administrator
STATE OF OREGON )
COUNTY OF MARION ) ss.
PROPERTY LINE ADJUSTMENT AGREEMENT
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The foregoing instrument was acknowledged before me on this day of , 2020,
by as the
of .
___________________________
___________________________
(Print Name)
My appointment expires:_______
PROPERTY LINE ADJUSTMENT AGREEMENT
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DEED
EXHIBIT "A"
\[Legal description of property to be conveyed\]
PROPERTY LINE ADJUSTMENT AGREEMENT
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DEED
EXHIBIT "B"
\[Legal description of adjusted property line\]
PROPERTY LINE ADJUSTMENT AGREEMENT
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Agenda Item
June 8, 2020
TO:Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
Jamie Johnk, Economic Development Director
SUBJECT:CDBG Revolving Loan Funds
RECOMMENDATION:
Authorize the City Administrator to submit a letter to Business Oregon requesting
the reallocation of Community Development Block Grant (CDBG) Housing Rehab
program income to a qualified non-profit agency for use to establish a mortgage
assistance revolving loan program for eligible low to moderate income Woodburn
residents.
:
BACKGROUND
In 1995 and 1996, the City received Community Development Block Grant
(CDBG) funds toestablish a Housing Rehabilitation Revolving Loan Fund. Funds
were disbursed to qualifying Woodburn residents. After expending the housing
rehab funds, the City discontinued the revolving loan program. Over the years,
loans have been repaid and the City now carries a balance of approximately
$410,000 in CDBG Housing Rehab program income.
Since the city no longer offers housing rehab loans and funds remain subject to
federal regulations, the city is limited on the use of these funds.
DISCUSSION:
Due to the COVID-19 pandemic, Woodburn residents and families have been
financially impacted. Residents have lost their jobs and financial security resulting
in their inability to pay their household expenses and many are at risk of losing
their homes dueto their inability to pay their mortgages.
In our effort to identify resources to assist Woodburn residents, staff identified the
balance of funds from the previous housing rehab program. Staff met with
Business Oregon CDBG program staff and inquired about repurposing these funds
for mortgage assistance. Business Oregon advised that in order to establish a
mortgage assistance revolving loan fund the city would need to submit a letter
outlining a reallocation plan for the funding, as well as to identify aqualified non-
profit to receive the funds and administer the mortgage assistance program.
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___
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Honorable Mayor and City Council
June 8, 2020
Page 2
The City is currently in discussions with eligible non-profit organizations that have
expressed an interest and ability to manage the mortgage assistance program.
Once a suitable partnership has been identified, the City will work in partnership
with the selected non-profit organization to develop criteria for the program that
meets CDBG regulations and submit that plan to Business Oregon for their
approval.
The City anticipates submitting its letter of request to Business Oregon in the
coming two weeks and then upon approval, transferring the funds for reallocation
soon thereafter.
FINANCIAL IMPACT:
The current balance of funds in the CDBGHousing Rehab program is $410,000.
Funds would be transferred to a non-profit for administration and management
of the program.
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Agenda Item
June 8, 2020
To: Honorable Mayor and City Council through City Administrator
From:Chris Kerr,Community Development Director
Subject:Call-Up Briefing:Planning Division StaffApproval of a Preliminary
Partition of Parcel 3, Partition Plat 2019-069 (Phase 3B of Smith Creek)
RECOMMENDATION:
Staff recommends noactionand briefs the Council on this item pursuant to
Woodburn Development Ordinance (WDO)Section 4.02.02.The Council may
call up this item for review if desired and, by majority vote, initiate a review of
this decision.
BACKGROUND:
The property owner through Stafford Land Company and Ordinance No. 2565
(2018) annexedterritory including the subject property and obtained approval
of a planned unit development(PUD), preliminary subdivision, and ancillary
applications for the Smith Creek Development viathe Final Order of November
14, 2018. The approval includeda phasing plancovering nine phases.
This two-lotpartition relates to Phase 3B of the Smith Creek Development
project. The proposal is part of a private arrangement between the property
owner and the Woodburn School District to transfer ownership of open space /
parklandto the District.
No changes to the Smith Creek Development project and no development or
establishment of any new land uses were proposed through this partition.
Agenda Item Review:City Administrator ___x___CityAttorney __x____
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Agenda Item
June 8, 2020
TO:Honorable Mayor and City Council through City Administrator
FROM:Chris Kerr,Community Development Director
Colin Cortes, AICP,CNU-A, Senior Planner
SUBJECT:Call-Up Briefing: Planning Commission Approval of Design Review,
Phasing Plan, Property Line Adjustment,Street Exception, and
Variance Applications for Allison Way Apartments on three lots with
no street addresses and located atthe intersection of Stacy Allison
Way & Hooper Street (DR 2019-05, PP 2019-01, PLA 2019-04, EXCP
2020-05, & VAR 2019-04)
RECOMMENDATION:
Staff recommends noactionand briefs the Council on this item pursuant to
Woodburn Development Ordinance (WDO) Section 4.02.02.The Council may
call-up this item for review if desired and, by majority vote, initiate a review of
this Commission decision.
BACKGROUND:
The Planning Commission held a public hearing on May28, 2020and approved
by 3-2 vote the consolidated applications package (Type III) with the conditions
recommended by staff through the staff reportpublished May 21;except for the
three revision items described below in the “Approval with Revisions” section.
Staff next provides a few sections of project background that lead up to and
give context to the three revisions.
Images
See the next few pages for an aerial photo, a site plan, and a three-dimensional
artist’s rendering.
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Aerial map (2016) with site outlined in yellow
Site plan(Note: Staff colored the applicant’s Exhibit 3)
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Applicant’s artist’s rendering: bird’s eye perspective looking northwest (Gray bands represent carports)
Project Description
The project is site development of 19.03 acres into 586 apartments across 23
buildings in two phases, Phase 1 being 179 apartments across 7 buildings on 5.93
acres north of Hooper Street and the remainder constituting Phase 2 south of
Hooper.
Each phase includes common facilities: a clubhouse / leasing office /
recreation building, small plaza adjacent to the common building, and a
barbeque (BBQ) pit. Phase 2 adds a children’s play area. The developer
estimates build-out to the year 2024.
The buildings are three-story walk-ups, conventional for new construction of
apartments.
Since application in June 2019, the applicant and staff worked together to
revise the project to include:
Benches in common areas
Bicycle parking: Lots of it for residents and visitors (over 600 stalls and over
50 of them sheltered)
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Buildings framing Hooper Street,which is a quiet local street,and set back
farther from Stacy Allison Way and I-5,which are wider, louder, and more
heavily trafficked ways
Electric vehicle (EV) stalls (36) with charging stationsfor resident benefit
Landscaping to acoustically and visually buffer residents from I-5
Larger middle landscaped islands in the parking courts
Well-landscaped courtyards among buildings
Looped vehicular circulationboth for fire truck access and resident and
visitor wayfinding
Speed table, also known as a raised crossing,within a walkway crossing of
adrive aisle near the children’s play area
Walkway crossings of drive aisles that are visually distinct with different
pavement as well as striping; and
Public plaza along Hooper Street
Street improvements –see the next section.
Street Improvements
Street improvements for this project are upgrades of street frontages to bring
existing Stacy Allison Way –which has curb-tight sidewalk –and Hooper Street
into greater conformance with the model / standard cross sections of WDO
Figures 3.01D & G and to have the Stacy Allison Way extension south/southwest
from Hooper Street to the south site development boundary conform more with
Figure 3.01D.
The chief visible results will be on-street parallel parking on Hooper and, along
Stacy Allison, planter strips with street trees and wide sidewalk.
There are additional public off-site street improvements the developer will
construct in the area between the subject property and Oregon Highway 214 to
(a) fill gaps in sidewalk and (b) provide curb ramps where lacking for better
accessibility per the federal Americans with Disabilities Act (ADA).
Off-site improvements provide safer and more dignified walking and cycling
routes between the project and attractions in the highway commercial area
and east along through-street W. Hayes Street, particularly for the many cyclists
staff continually notices who prefer sidewalk to street.
Zoning
The subject property is in the Commercial General (CG) zoning district. Though
at present in the CG district multiple-family dwellings are prohibited in some
areas of the district and a conditional use (CU) in others because of Council
adoption of Ordinance No. 2573 on June 24, 2019, application submittal was
prior to the effective date of the ordinance (July 24, 2019).
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Variances
The six variance requests were to vary from WDO:
1.Driveway width minimum (Table 3.04A)
2.Parking ratio minimum (Table 3.05A);
3.Compact parking percentage maximum (3.05.03C);
4.Drive aisle width minimum (Table 3.05C);
5.Parking area curb height minimum (3.06.02I); and
6.Architectural Wall (Table 3.06D & 3.06.06).
Regarding requests 2 & 6 that the Commission most discussed:
Request 2: The developer testified that as is conventional the future property
manager will manage parking through a permit system and allocate a stall per
one-bedroom apartment and two stalls per two-bedroom apartment, setting
clear rules of conduct for tenants regarding parking. In keeping with the
Commission approval, staff will draft a condition (V9-2) that allows for such
allocation and results in a minimum average of 1.77 stalls per dwelling.
The developer asked to modify the Street Exception request regarding Stacy
Allison Way to allow on-street parallel parking along both sides, which would
have lessened variance request 2 but also precluded both planter strip and
street trees. Chair Piper objected and none of the remaining commissioners
voiced support forhaving on-street parking on Stacy Allison Way.
Request 6: The Phase 2 acreage, south of Hooper Street, would have required
a 6-foot screen wall, which the WDO terms an “Architectural Wall”, along the
east and southeast lot lines adjacent to the ParadisePointe subdivision. This is
because WDO Table 3.06D is premised among differences between zoning
districts and between land uses, in this case because of difference both
between zoning districts (CG, which is commercial; RSN, which is residential)
and land uses (multiple-dwelling residential or apartments, single-family
residential or houses). The project substitutes a wide landscaped buffer with
shrubbery and trees. (Apartment building heights and setbacks meet WDO
standards.) Staff recommended approval with a condition to improve
screening by adding a 6-foot cedar wood fence along each of the two
parking areas closest to the property lines. The Commission approved this.
Approval with Revisions
The three Commission revisionsare:
1.Striking transportation Condition T-BP9that would have required the
Evergreen Path, a bicycle/pedestrian path approximately 350 feet (ft) long
within the unimproved Evergreen right-of-way (ROW) and extending from
Smith Creek Development Phase 1A Tract ‘D” boundary north to the
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existing Montebello 2 subdivision bicycle/pedestrian path that connects to
Baylor Drive at Citadel Street per the images below:
Exhibit T-BP9A. Location and Conceptual Alignment
Exhibit T-BP9B. Starting Point Alignment Context: Smith Creek Development Phase 1A Tract “D”, from
Stafford Land Co. Exhibit C-8A-1 (2017)
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2.Revising Street Exception Condition EX2 to omit a landscaped median from
the required custom cross section of the Stacy Allison Way extensionto
maintain a continuous two-way left turn lane along and between Interstate
5 and the approximately 800 ft of site development frontage that has no
driveways; and
Exhibit EX2b revised June 2 (This median example concept is not to scale.)
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3.Approving variance request 2 regarding parking ratio minimum (WDO Table
3.05A, Residential 1)and setting a minimum average of1.77 stalls per
dwelling that staff will append within the final decision document as
Condition V9-2.
The split vote resulted from disagreement not about the overall project, but
instead about theoverall justification ofthe six variance requestsand the Street
Exception request,Commissioner Berlin’s objection to variance request 6 to not
construct anArchitectural Wall (WDO Table 3.06D), and Commissioners Berlin
and Corning objecting to variance request 2 regarding parking ratio minimum.
Testimony
Twoparties testified not in oppositionto the project but instead to voice
concerns about its perceived effects:
1.Stephen D. Rippeteau (homeowner, 562 Prairie St); and
2.Johanna Venegas (homeowner, 585 Prairie St).
Mr. Rippeteau voiced concerns about:
Parking, because of property management of Cascade Meadows
Apartments (311 Evergreen Rd)
Semi-truckdrivers that ignore a no-truck sign in the directionWalmart (3002
Stacy Allison Way; staff believes he meant the no-truck sign on Stacy Allison
Way for westbound traffic and located just west of the Walmart truck
driveway that is near Harvard Dr)
Wanting a second I-5 interchange (in the direction of Salem)
Wanting extension of Evergreen Road south (to Parr Rd); and
Wanting a second grocery store besides Walmartto have a nearby
alternative instead of Safeway (1520 N. Pacific Hwy).
Ms. Venegas voiced concerns about:
School capacity
Rising cost of living in the area;and
Traffic.
Appeal
Any of thethree parties with standing can appeal the Commission final decision
per WDO 4.02.01B, and the Councilwould hear an appeal.
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