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Agenda - 12/04/2000 ------------ AGENDA SPECIAL MEETING OF THE WOODBURN CITY COUNCIL December 4, 2000 - 5:30p.m. 270 Montgomery Street * * Woodburn, Oregon 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. GENERAL BUSINESS A. Council Bill No. 2276 - A resolution setting the amounts of the Parks and Recreation Systems Development Charge, alternative rate review fee, and alternative payment request fee imposed by Ordinance 2250 . . .. 3A Recommended action: Approve resolution setting the amounts of the Parks and Recreation Systems Development Charge. B. Council Bill No. 2277 - A resolution setting the amounts of the Traffic Impact Fee (TIF) System Development Charge, alternative rate review fee and alternative payment request fee imposed by Ordinance 2250 .......................................................... 3B Recommended action: Approve resolution setting the amounts of the Traffic Impact Fee (TIF) System Development Charge. C. Council Bill No. 2278 - An ordinance adopting a claims processing procedure under the 2000 amendment to Article I, Section 18 of the Oregon Constitution (Ballot Measure 7) ............................ 3C Recommended action: Approve the ordinance adopting a claims processing procedure under the 2000 amendment to Article 1, Section 18 of the Oregon Constitution (Ballot Measure 7) D. Request for sound amplification permit - Woodburn Recreation and Parks Department for holiday tree lighting festivities on December 9, 2000 from 7:00 to 8:00 p.m. at Warzynski Plaza .......... 3D Recommended action: approve sound amplification permit for '7' " ".' ~.-) , r /,\ I Woodburn Recreation and Parks Department for Saturday, . . ' December 9, from 7:00 to 8:00 p.m. at Warznynski Plaza E. Oath of Office: Walter B. Nichols; Woodburn City Council, Ward I for term expiring in December 2004. 18. ADJOURNMENT Page 1 - Woodburn City Council Agenda, Special Meeting of December 4,2000. 3A MEMO Woodburn Recreation and Parks Department. 270 Montgomery Street. Woodburn, OR 97071 (503) 982-5264 . Fax (503) 982-5244 \..~, To: Mayor and City Council, via John Brown, City Administrat~/ From: D. Randall Westrick, Recreation and Parks Director ~ Datec November 29, 2000 Subject: Pa!i(s and Recreation Systems Development Charges (SDC) Revision RECOMMENDATION: Approve Council Bill No. 2276 authorizing a resolution setting the amounts of the parks and recreation systems develop charges, altemative rate review and altemative payment request imposed by Ordinance No. 2250; and establishing an effective date of January 1, 2001 for imposition of the fees. BACKGROUND: At the November 27,2000 meeting, the City CouncU directed staff to prepare a revised Parks and Recreation Systems Development Charge fee resolution that removes discounts calculated into the fee to compensate for an anticipated a general obligation bond for park and recreation facilities. The attached resolution and fee structure reflects this change. Ordinance 2250 inclucles a provision for the City Administrator to adjust the rates to account for increased cost for construction and land acquisition. This adjustment will take effect January 1, 2001. Staff has collected the data for use in the formula to calculate this amount. The formula, as ~tlined in the Ordinance, uses the Engineer Recofd News Construction Co~ Index for Seattle to calculate increased construction costs and Marion County Assessor's Office Average Market Value to calculate increased cost for land costs. The formula is: Change in Average Market Value x .50 + Change in Construction Co~ Index x .~ = Systems Development Charge Adjustment Factor A cletailed calculation is attached. Taking into account these two indexes, the adjustment factor is 6.26<'h. Attachments: Parks and Recreation SDC Revision Calculations - January 1, 2001 Parks and Recreation SDC Resolution 3A Parks and Recreation SDC Revision Calculations January 1, 2001 Januarv 2001 Paries and Recreation SDC Adjustment Calculation Adjusted Change Index January 1999 Market Value January 2000 Market Value Chanae in Value x 50% January 1999 CCI January 2000 CCI Change in Value x 50% Annual Adjustment Rate Value $909,619,455 $1,000,035,833 0.5497 6957.81 7137.17 0.5129 1.0626 Annual Proposed Rates Current Adjustment w/o Discount & Current Rate Discount Factor w/Adjustment $762 $430 1.0626 $1,267 $1,109 $189 1.0626 $1,379 $722 $78 1.0626 $850 $5 $17 1.0626 $23 Unit Single-Family/ Dwelling Unit Multi-FamilylDwelling Unit Manufactured Housing/Dwelling Unit Non-residential/Employee 3A COUNCIL BILL NO. 2276 RESOLUTION NO. A RESOLUTION SETTING THE AMOUNTS OF THE PARKS AND RECREATION SYSTEMS DEVELOPMENT CHARGE, AL TERNA TIVE RATE REVIEW FEE, AND ALTERNA TIVE PAYMENT REQUEST FEE IMPOSED BY ORDINANCE NO. 2250; AND ESTABLISHING AN EFFECTIVE DATE FOR IMPOSITION OF THE FEES WHEREAS, ORS 223.297 - 223.314 authorizes local governments to impose system development charges; and WHEREAS, the City has developed methodologies to support the implementation of Parks and Recreation Systems Development Charge; and WHEREAS, the City has adopted Ordinance No. 2250 establishing Parks and Recreation Systems Development Charge, and WHEREAS, Ordinance No. 2250 provides that the amounts of the Parks and Recreation Systems Development Charge shall be set by resolution; and WHEREAS, Ordinance No. 2250 provides for the imposition offees to be charged for the review of alternative rates and alternative payment requests; and WHEREAS, Ordinance No. 2250 provides that the amounts of the fees to be charged for the review of alternative rates and alternative payment requests shall be set by resolution; NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. PARKS AND RECREATION SYSTEMS DEVELOPMENT CHARGE. The schedule of Parks and Recreation Systems Development Charge attached as Exhibit "A", and, by this reference, incorporated herein is hereby adopted to be imposed beginning on the effective date identified in Section 3 of this resolution. Section 2. ALTERNATIVE RATE REVIEW FEE The minimum fee for review of an alternative rate calculation shall be two-hundred-and-fifty dollars ($250), to be paid at the time the alternative rate calculation is submitted for review. If the City hires a consultant to assist in reviewing the information submitted, the cost of the consultant's review shall be shared equally by the City and the applicant, and the applicant shall pay this additional fee at the time the City decides whether or not to accept the alternative rate. Page 1 - COUNCIL BILL NO. RESOLUTION NO. 3A Section 3. EFFECTIVE DATE. The effective date for imposition of the fees and charges identified in this resolution shall be January 1,2001. Section 4. REPEAL. This Resolution repeals all prior resolutions which establish Parks and Recreation Systems Development Charges. ~ ~~ /'<. ~ /\ \ , -1 0- 7. 4() " ., Approved as to form: , I,' I V\J ( ~ City Attorney Date APPROVED: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. RESOLUTION NO. 3A EXHIBIT" A" PARKS SYSTEM DEVELOPMENT CHARGE SCHEDULE DEVELOPMENT TYPE SDC PER UNIT Single Family (also duplex, manufactured housing not in a park) $ 1,267/dwelling unit Multi-Family $ 1,379/dwelling unit Manufactured housing (in a park) $ 850/dwelling unit Non-Residential $ 23/employee 3B MEMO FROM: ~ CITY COUNCIL THROUGH CITY ADMINISTRATOR BEN GILLESPIE, FINANCE DIRECTOR 0~ TRAFFIC IMPACT FEE RATE RESOLUTION TO: SUBJECT: DATE: December 1, 2000 RECOMMENDATION: Approve the attached resolution establishing a schedule of Traffic Impact Fees. BACKGROUND: The Traffic Impact Fee (TIF) ordinance, which was approved in November 1999, allows for the rates to be adjusted to reflect changes in price levels. The adjustment can be made administratively each January, but because the Council is already considering changes to the Parks SDc rates at this time, this is a good opportunity to bring to the Council the changes in the TIF's as well. After this first year the rates will be adjusted by the City Administrator. The allowable change is a blended rate based on changes in construction costs (weighted 50%) and changes in real market value of real property in the City (weighted 50%). That factor (106.26%) is applied to the TIF rates adopted in November 1999. DBGIkv Attachment 3B COUNCIL BILL NO. 2277 RESOLUTION NO. A RESOLUTION SETTING THE AMOUNTS OF THE TRAFFIC IMPACT FEE (TIF), SYSTEMS DEVELOPMENT CHARGE, ALTERNATIVE RATE REVIEW FEE, AND ALTERNATIVE PAYMENT REQUEST FEE IMPOSED BY ORDINANCE NO. 2248; AND ESTABLISHING AN EFFECTIVE DATE FOR IMPOSITION OF THE FEES WHEREAS, ORS 223.297 - 223.314 authorizes local governments to impose system development charges; and WHEREAS, the City has developed methodologies to support the implementation of a Traffic Impact Fee Systems Development Charge; and WHEREAS, the City has adopted Ordinance No. 2248 establishing a Traffic Impact Fee Systems Development Charge; and WHEREAS, Ordinance No. 2248 provides that the amounts of the Traffic Impact Fee Systems Development Charge shall be set by resolution; and WHEREAS, Ordinance No. 2248 provides for the imposition offees to be charged for the review of alternative rates and alternative payment requests; and WHEREAS, Ordinance No. 2248 provides that the amounts of the fees to be charged for the review of alternative rates and alternative payment requests shall be set by resolution; NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. TRAFFIC IMPACT FEE AMOUNTS The Schedule of Traffic Impact Fee (TIP) charges attached as Exhibit "A", and, by this reference, incorporated herein is hereby adopted to be imposed beginning on the effective date identified in Section 4 of this resolution. For those land uses that are not specifically identified by the ITE land-use categories included in Exhibit "A", the City Engineer shall use the land-use category identified in Exhibit "A" that is most similar to trip generation. An applicant who does not agree with the City Engineer's decision may appeal this decision in accordance with Ordinance No. 2248. Page 1 - COUNCIL BILL NO. RESOLUTION NO. 3B Section 2. AL TERNA TIVE RATE REVIEW FEE The minimum fee for review of an alternative rate calculation shall be two-hundred-and- fifty dollars ($250), to be paid at the time the alternative rate calculation is submitted for review. If the City hires a consultant to assist in reviewing the information submitted, the cost of the consultant's review shall be shared equally by the City and the applicant, and the applicant shall pay this additional fee at the time the City decides whether or not to accept the alternative rate. Section 3. AL TERNA TIVE PAYMENT REQUEST The fee for review of an alternative payment request shall be one-hundred dollars ($100.00). This fee includes the cost of recording a lien against the property associated with the request. Section 4. EFFECTIVE DATE. The effective date for imposition of the fees and charges identified in this resolution shall be January 1,2001. Section 5. REPEAL This Resolution repeals all prior resolutions which establish Traffic Impact Fees(TIF) Systems Development Charges. A d ~ <Y).~ ~ ~ j'1_I_ 2,0"00 pprove as to lorm: (/~ _ l- City Attorney Date APPROVED: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder AITEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. RESOLUTION NO. 3B EXHIBIT "A" TRAFFIC IMPACT FEE (TIF) SCHEDULE lTE LAND USE CODE/CAT. RESIDENTIAL 210 Single Family Detached (also Duplex, Mfgd Housing not in Park) 220 Apartment 230 Residential Condo/Townhouse 240 Manufactured Housing (in Park) RECREATIONAL 411 City Park 412 County Park 416 Campground/RV Park 420 Marina 430 Golf Course 432 Golf Driving Range 435 Multipurpose Rec. Facility 443 Movie Theater w / out matinee 444 Movie Theater w / matinee 473 Casino/Video Poker/Lottery 480 Amusement/Theme Park 491 Tennis Courts 492 Racquet Club 494 Bowling Alley 495 Recreational Community Center INSTITUTIONAL/MEDICAL 501 Military Base 520 Elementary School 522 Middle/Junior High School 530 High School 540 Junior/Community College 550 University /College 560 Church 565 Daycare Center/Preschool 590 Library 610 Hospital 620 Nursing Home 630 Clinic NOTE: T.S.F.G.F.A = Thousand Square Feet Gross Floor Area T.S.F.G.A = Thousand Square Feet Gross Floor Area v'F.P = Vehicle Fueling Position Page 10f3 TOTAL TIF PER UNIT $3,286/ dwelling unit $2,276/ dwelling unit $2,012/dwelling unit $1,651/dwelling unit $ 604/acre $ 866 / acre $ 1,546/camp site $ 1,525/berth $18,405/hole $ 4,748/tee $46,545/facility $83,551/screen $58,232 / screen $51,005/TS.F.G.F.A. $28,772/acre $11,788/court $15,393/ court $ 12,658/lane $11,783/TS.F.G.F.A. $ 648/ employee $ 139 /student $ 199/ student $ 461/student $ 394 /student $ 610/student $ 2,346/TS.F.G.F.A. $ 619/student $ 7,397/TS.F.G.F.A. $ 4,282/bed $ 950/bed $11,444/TS.F.G.F.A. 3B ITE LAND USE CODE/CATEGORY TOTAL TIF PER UNIT COMMERCIAL/SERVICES 310 Hotel/Motel $ 2,705/room 812 Building Materials/Lumber $ 8,856/TS.F.G.F.A 813 Free-Standing Discoun t Store with Groceries $ 6,665/TS.F.G.F.A. 814 Specialty Retail Center $ 9,070/TS.F.G.F.A. 815 Free-Standing Discount Stores without Groceries $ 8,038/T.S.F.G.F.A. 816 Hardware/Paint Stores $ 11,439/TS.F.G.F.A. 817 Nursery /Garden Center $ 8,047 /T S. F. G. F. A. 820 Shopping Center $ 6,091/TS.F.G.F.A. 823 Factory Outlet Center $ 3,773 /T S. F. G. F. A. 831 Quality Restaurant (not a chain) $ 23,826/T.S.F.G.F.A. 832 High Turnover, Sit-Down Rest. $ 12,082/TS.F.G.F.A. 833 Fast Food Rest. (No Drive Thru) $ 33,186/TS.F.G.F.A. 834 Fast Food Rest (Drive-Thru) $ 22,995/TS.F.G.F.A. 836 Drinking Place/Bar $ 10,697/TS.F.G.F.A. 837 Quick Lubrication Vehicle Shop $ 6,257/Service Stall 840 Automobile Service Center $ 8,943/TS.F.G.L.A. 841 New Car Sales $ 8,364/TS.F.G.F.A 844 Gasoline/Service Station (no Market or Car Wash) $ 11,988/VF.P. 845 Gasoline/Service Station (with Convenience Market) $ 11,578/V.F.P. 846 Gasoline/Service Station with Convenience Market & Car Wash $ 1O,870/VF.P. 848 Tire Store $ 5,547/TS.F.G.F.A. 850 Supermarket $ 15,503/T.S.F.G.F.A. 851 Convenience Market (24 hour) $ 46,062/TS.F.G.F.A. 853 Convenience Market with Fuel Pump $ 33,866/YF.P. 860 Wholesale Market $ 1,501/TS.F.G.F.A. 861 Discount Club $ 9,322/TS.F.G.F.A. 862 Home Improvement Superstore $ 7,816/TS.F.G.F.A. 863 Electronics Superstore $ 10,045/TS.F.G.F.A. 870 Apparel Store $ 10,385/TS.F.G.F.A. 880 Pharmacy/Drugstore w / out Drive Thru Window $ 12,782/TS.F.G.F.A. 881 Pharmacy /Drugstore w /Drive Thru $ 12,512/TS.F.G.F.A. NOTE: TS.F.G.F.A = Thousand Square Feet Gross Floor Area T.S.F.G.A = Thousand Square Feet Gross Floor Area VF.P = Vehicle Fueling Position Page 20f3 3B ITE LAND USE CODE/CAT COMMERCIAL/SERVICES 890 Furniture Store 895 Video Arcade 896 Video Rental Store 911 Bank/Savings:Walk-In 912 Bank/Savings Drive-In OFFICE 710 General Office Building 714 Corp. Headquarters Building 715 Single Tenant Office Building 720 Medical-Dental Office Building 730 Government Office Building 731 State Motor Vehicles Dept. 732 US Post Office 750 Office Park 760 Research/Development Center 770 Business Park PORT /INDUSTRIAL 030 Truck Terminals 090 Park/Ride with Bus Service 093 Light Rail Station w /Parking 110 General Light Industrial 120 General Heavy Industrial 130 Industrial Park 140 Manufacturing 150 Warehouse 151 Mini-Warehouse 170 Utilities TOTAL TIF=PER UNIT $ 1,128/TS.F.G.F.A. $ 80,627/TS.F.G.F.A $ 44,763/TS.F.G.F.A. $ 38,525/TS.F.G.F.A. $ 65,293/TS.F.G.F.A. $ 4,006/TS.F.G.F.A. $ 2,810/TS.F.G.F.A. $ 4,210/TS.F.G.F.A. $ 13,146/TS.F.G.F.A. $ 25,082/TS.F.G.F.A. $ 60,410 /T. S. F. G. F. A. $ 39,367/T.S.F.G.F.A. $ 4,156 /T. S. F. G. F. A. $ 2,951/TS.F.G.F.A. $ 4,642/TS.F.G.F.A. $ 3,584/TS.F.G.F.A. $ 1,304/Parking Space. $ 727/Parking Space $ 2,536/TS.F.G.F.A. $ 546/TS.F.G.F.A. $ 2,532/TS.F.G.F.A. $ 1,390/TS.F.G.F.A. $ 1,804/TS.F.G.F.A. $ 910/TS.F.G.F.A. $ 1,783/TS.F.G_FA NOTE: TS.F.G.F.A = Thousand Square Feet Gross Floor Area TS.F.G.A = Thousand Square Feet Gross Floor Area V.F.P = Vehicle Fueling Position Page 3 of3 3C MEMO From the Office of the City Attorney FROM: MAYOR AND CITY cOUNc~ CITY ADMINISTRATO~~ ~ N. ROBERT SHIELDS, CITY ATTORNEYtf't TO: SUBJECT: REVISIONS TO BALLOT MEASURE 7 DRAFT ORDINANCE DATE: DECEMBER 1,2000 I have made the following revisions to the draft ordinance which was previously discussed: o The language was strengthened to clarify that this is a "claims processing" ordinance. o Appraisal requirements were made more specific. o Potential "waiver" of a regulation, in lieu of paying compensation, was not addressed by this ordinance. Ifthere is legal authority for the City to do this (which is a hotly debated point right now), it comes from Ballot Measure 7 itself. Therefore, it does not need to be addressed in this "claims processing" ordinance. o Payment of compensation is now made conditional pursuant to an agreement between the City and the claimant. There is no legal authority to enforce this through a lien. I will be available at the meeting. If you have any questions or discussion, please contact me 3C COUNCIL BILL NO. .,.2. ::178 ORDINANCE NO. AN ORDINANCE ADOPTING A CLAIMS PROCESSING PROCEDURE UNDER THE 2000 AMENDMENT TO ARTICLE I, SECTION 18 OF THE OREGON CONSTITUTION (BALLOT MEASURE 7) AND DECLARING AN EMERGENCY THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Le2islative Findio2s. The City Council finds: (A) On November 7,2000, the voters of the State of Oregon approved Ballot Measure 7, amending Oregon Constitution Article I, Section 18 by adding subsections (a) through (f), which are as follows: (a) If the state, a political subdivision of the state, or a local government passes or enforces a regulation that restricts the use of private real property, and the restriction has the effect of reducing the value of a property upon which the restriction is imposed; the property owner shall be paid just compensation equal to the reduction in the fair market value of the property. (b) For purposes of this section, adoption or enforcement of historically and commonly recognized nuisance laws shall not be deemed to have caused a reduction in the value of a property. The phrase "historically and commonly recognized nuisance laws" shall be narrowly construed in favor ofa finding that just compensation is required under this section. (c) A regulating entity may impose, to the minimum extent required, a regulation to implement a requirement of federal law without payment of compensation under this section. Nothing in this 2000 Amendment shall require compensation due to a government regulation prohibiting the use of a property for the purpose of selling pornography, performing nude dancing, selling alcoholic beverages or other controlled substances, or operating a casino or gaming parlor. (d) Compensation shall be due the property owner if the regulation was adopted, first enforced or applied after the current owner of the property became the owner, and continues to apply to the property 90 days after the owner applies for compensation under this section. (e) Defmitions: For purposes of this section, "regulation" shall include any law, rule, ordinance, resolution, goal, or other enforceable enactment of government; Page I - COUNCIL BILL NO. ORDINANCE NO. 3C "real property" shall include any structure built or sited on the property, aggregate and other removable minerals, and any forest product or other crop grown on the property; "reduction in the fair market value" shall mean the difference in the fair market value of the property before and after application of the regulation, and shall include the net cost to the landowner of an affirmative obligation to protect, provide, or preserve wildlife habitat, natural areas, wetlands, ecosystems, scenery, open space, historical, archaeological or cultural resources, or low income housing; and "just compensation" shall include, if a claim for compensation is denied or not fully paid within 90 days of filing, reasonable attorney fees and expenses necessary to collect the compensation. (f) If any phrase, clause, or part of this section is found to be invalid by a court of competent jurisdiction, the remaining phrases, clauses and parts shall remain in full force and effect. (B) The effective date ofthe constitutional amendments adopted by Ballot Measure 7 is December 7, 2000. (C) Ballot Measure 7 contains no provisions explaining how claims for compensation will be processed, what information must be provided to the City so that the claim may be properly evaluated, and what procedure should be provided for determination of the entitlement to such compensation; and, as a consequence, it is appropriate for the City Council, by this ordinance, to set forth procedures and requirements for the orderly processing of claims for compensation. (D) In order for the City of Woodburn to exercise its "due diligence" obligation in the evaluation of claims, since claims will potentially be paid with public money, it is necessary for a claims processing procedure to be adopted. (E) It is in the best interests of the citizens of the City of Wood bum to establish the Ballot Measure 7 claims processing procedure contained in this ordinance. (F) It is in the best interests of the citizens of the City of Wood bum to establish a fee reasonably calculated to cover the actual cost of administering claims for compensation. Section 2. Definitions. Words used in this ordinance that are the same as words used in Oregon Constitution Article I, Section 18, subsections (a) through (f) shall have the same meaning as the words used in those subsections of the Oregon Constitution, notwithstanding any different definition in the W oodbum Zoning Ordinance or in any other City ordinance or regulation. Page 2 - COUNCIL BILL NO. ORDINANCE NO. 3C Section 3. Notice of Claim. (A) No claim arising from the 2000 Amendment to Article I, Section 18 (Ballot Measure 7) shall be considered a claim unless notice of claim is filed as required by this section. (B) Notice of claim must be a written communication from a claimant filed with the City Administrator and must include: (1) Name, address and telephone number of person filing claim. (2) Names and address of all property owners and all persons who hold a security interest in the affected property. (3) Legal description and street address of affected property including contiguous units of property under the same ownership. (4) Preliminary title report, dated not more than 30 days from the date the claim is filed, from a title insurance company licensed in Oregon. (5) Description of, and citation to, regulation adopted, applied or enforced on the affected property causing a reduction in value. (a) Date regulation was adopted, applied or enforce on the affected property . (b) Date property owner or owners obtained title to property or became contract purchasers of record. (6) Description of the use that has been restricted by the regulation described in subsection (B)(5) of this section. (7) Amount the affected property has been reduced in value because of the restriction. (8) Statements explaining why the regulation is not an exempt regulation. (9) A written appraisal by an appraiser certified or licensed under ORS Ch. 674 that provides an opinion of the difference in the fair market value of the affected property before and after application of the regulation. (10) Any exempt regulations, known to the claimant, that may apply to the affected property, whether or not those exempt regulations affect the fair market value. Page 3 - COUNCIL BILL NO. ORDINANCE NO. 3C (II) A statement explaining how the regulation restricts the use of the affected property and why the regulation has the effect of reducing the value of the property upon which the restriction is imposed. (12) A statement of the effect a release of the regulation on the property would have on the potential development of the property, stating the greatest degree of development that would be permitted if the identified regulation were released from the property. Section 4. Appraisal Requirements. (A) A claimant's appraisal offered to support a claim for compensation pursuant to the terms of this ordinance shall comply with the following requirements: (1) The appraisal must expressly note all existing infrastructure limitations and value the property without an assumption that the infrastructure will be improved at governmental expense or through discretionary governmental action; (2) The appraisal must indicate the amount of the alleged reduction in fair market value of the property by showing the difference in the fair market value of the property before and after the application of the regulation that is the subject of the claim for compensation; (3) The appraisal's consideration of the reduction and fair market value shall be limited to the difference in the fair market value of the property before and after the application of the regulation that is the subject of the claim, and shall include the net cost to the owner of an affirmative obligation to protect, provide, or preserve wildlife habitat; natural areas; wetlands; ecosystems; scenery; open space; historical, archeological, or cultural resources; or low-income housing, but shall not include consideration of any other damage that the regulation may have upon the property in question or any other property owned by the claimant; (4) The appraisal must expressly consider the effect a release under Measure 7, as applied to the claimant's and similarly situated properties, will have on the availability of other property, including the extent to which the supply of other property is or will be increased; and (5) The appraisal shall address any other matters the City determines are reasonably necessary to adequately evaluate the claim for compensation. (B) The City Administrator may, in his/her discretion, retain the services of an appraiser to independently appraise the property, evaluate the application or to provide an independent analysis of the appraisal(s) accompanying the application. The cost of such appraisal or Page 4 - COUNCIL BILL NO. ORDINANCE NO. 3C independent analysis shall be paid by the applicant(s) and be assessed at the time of the submission of the application. In the event such appraisal or independent analysis is not performed by the City, an assessment of a portion of the application fee to cover the cost of such appraisal or analysis shall be refunded to the applicant(s). Section 5. Claims Processine Fee. A notice of claim must be accompanied by a fee to be paid in advance of acceptance for filing to cover the costs of completeness review and application processing. This fee may be established by resolution of the Council. Section 6. Completeness Review of Notice of Claim. A notice of claim shall not be considered a claim until determined to be complete by the City Administrator. If the notice of claim is not complete, the City Administrator shall inform the claimant in writing of the additional information necessary to make the notice of claim complete. The notice of claim shall be deemed complete at such time as the additional information is submitted and determined complete. Section 7. Procedure to Evaluate Claim. Claims shall be processed as follows: (A) Upon filing of a complete notice of claim, the City Administrator shall make a recommendation to the City Council as to disposition of the claim and schedule the matter for consideration by the Council. (B) Notice of the time and date the Council will consider the claim shall be mailed to the claimant (and all owners of record of property on the most recent property tax assessment roll where such property is located within 200 feet of the affected property) ten days prior to this date. Section 8. Payment of Compensation Conditional. Any City payment of compensation to a claimant under this ordinance shall be conditional on the claimant signing an agreement that, if an appellate court interprets or invalidates Oregon Constitution Article I, Section 18, subsections (a) through (f), in the same or another case, in a manner such that the applying owner was not entitled to compensation in relation to the subject regulation, then the claimant shall repay the compensation received to the City. Section 9. Severability. The provisions of this ordinance are severable. If a portion of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. Section 10. Emereency Clause. The constitutional amendments adopted by Measure 7 will be effective December 7, 2000 and give the City only 90 days to consider claims for compensation, after which the City will lose its right to release the restriction rather than pay compensation. Because of the limited time to consider claims, it is necessary and appropriate for the City to establish the procedures set out in this ordinance immediately, in order that they be Page 5 - COUNCIL BILL NO. ORDINANCE NO. 3C effective on December 7, 2000 when the constitutional amendments become effective. Therefore, this ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the City Council and approval by the Mayor. C"Y\ f'\~/\A_/\ \ z. - I - '20 () 0 Approved as to form: , ) .' y ~ V l J'~ _ ) City Attorney Date Approved: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 6 - COUNCIL BILL NO. ORDINANCE NO. 3D City of Woodburn Police Department Staff Report 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2352 Date: November 29, 2000 M" Paul Null, Chief of POliC~ Mayor and City Council ~ John Brown, City Administrat~ From: To: Through: Subject: Sound Amplification Permit - Woodburn Recreation and Parks Department Ordinance 1900, 3, (5) The use or operation of an automatic or electric piano, phonograph, loudspeaker or sound-amplifying device so loudly as to disturb persons in the vicinity thereof or in such manner as renders the same a public nuisance; provided however, that upon application to the Council permits may be granted to responsible persons or organizations to broadcast programs of music; news speeches or general entertainment. The police department has received a request for a sound amplification permit from Randy Westrick, Director of Woodburn Recreation and Parks. The request is for Saturday, December 9, 2000, from 7:00 p.m. to 8:00 p.m., at Warzynski Plaza. The permit is to allow for holiday tree lighting festivities to include musical and performing arts performances. Recommendation: The City Council approve a sound amplification permit for Woodburn Recreation and Parks Department for Saturday, December 9,2000, from 7:00 p.m. to 9:00 p.m. 3D MEMO Datec Woodburn Recreation and Parks Department. 270 Montgomery Street. Woodburn, OR 97071 (503) 982-5264 . Fax (503) 982-5244 Paul Null, Chief of Police ~ _ _) D. Randall Westrick, Recreation and Par1<s Director ~r NOIIember 29. 2000 Sound Pennlt for December 9, 2000 Tree Lighting To: From: Subject: The Recreation and Parks Department is helping to organize the annual Christmas Tree Lighting celebrations. On behalf of the Settlemier House and the Downtown tree lighting Amplified Sound Permits are requested as follows: 6:00 to 7:00 p.m. Settlemier House Noon* to 9:00 p.rn. Warzynski Plaza *Additional time is requested for testing and rehearsals. The event is scheduled for Saturday, December 9.2000. Activities will begin at 6:30 p.m. where the Mayor will light the Settlemier House. Following the SettJemier House lighting, Councilor Elida Sifuentez will lead a procession to Warzynski Plaza for Downtown tree lighting festivities scheduled for 7:00 to 8:00 p.m. Following holiday musical and performing arts performances, CouncU President Figley will throw the switch to light that tree. After the Warzynski Plaza tree is lit, event visitors and participants are invited to a Hot Chocolate Social at the Museum. This event will include amplified sound to for publiC address and to play background accompaniment for performances. Please process a sound permit for this event for the City Council's special December 4, 2000 meeting. Thank you for your help with this permit.