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Agenda - 10/23/2000 / I I AGENDA WOODBURN CITY COUNCIL OCTOBER 23, 2000 - 7:00 p.M. 270 Montgomery Street * * Woodburn, Oregon 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. City Hall offices will be closed on Friday, November 10 in observance of Veterans Day. B. Woodburn Public Library will be open on November 10. e. Election drop box will be located in the lobby of City Hall and available from 8:00 am - 5:00 pm, weekdays and from 8:00m am - 8:00 pm on election day, November 7, 2000. ApliolntmentS: None 4. PRESENTA TIONSIPROCLAMA nONS ... preseniij.ti6Ji: A. Marion County Multi-Agency Drug Enforcement Task Force. B. Recognition Award to Dorothy Jaeger for service on the Woodburn Library Board from 1992 - 2000. FtOtlaiiianons: 5. COMMI'I'IEE REPORTS A. Chamber of Commerce. B. Woodburn Downtown Association. 6. CO~CATIONS 7. BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Council minutes of October 9, 2000 regular and executive meetings .. . . . 8A Recommended action: Approve minutes. B. Draft Library Board minutes of October 11, 2000 . . . . . . . . . . . . . . . . . . .. 8B Page 1 - City Council Agenda - October 23.2000 11 Recommended action: Accept minutes. C. Draft Planning Commission minutes of September 14 and 28 and October 12, 2000 ............................................... 8C Recommended action: Accept minutes. D. Police Activity Report for the month of May 2000 . . . . . . . . . . . . . . . . . . .. 8D Recommended action: Accept report. E. Claims for the month of September 2000 ........................... 8E Recommended action: Approve claims. F. Addendum to City Administrator's Employment Agreement .......... 8F Recommended action: Approve addendum. 9. TABLED BUSINESS 10. PUBLIC HEARINGS A. Final Assessment - Alley project LID ............................. lOA Recommended action: conduct public hearing, receive public comment and direct staff to bring back an enabling ordinance. B. Final Assessment - Parr Road i~provements LID .................. lOB Recommended action: conduct public hearing, receive public comment and direct staff to bring back an enabling ordinance. 11 GENERAL BUSINESS A. Council Bill No. 2268 - Resolution entering into a partnership agreement with other law enforcement agencies in Marion County creating a regional drug enforcement task force ............................. llA Recommended action: Approve resolution and authorize Police Chief to execute agreement. B. Employment Agreement for Community Development Director Services ...................................................... lIB Recommended Action: Authorize the City Administrator to execute an agreement employing James P. Mulder as Community Development Director. C. Council Bill No. 2269 - Resolution entering into 2000 Fund Exchange Agreement with State of Oregon, Dept of Transportation ............ lie Recommended action: Approve resolution entering into 2000 Fund Exchange Agreement with State of Oregon. D. Council Bill No. 2270 - Resolution entering into an intergovernmental amendment with Chemeketa for participation in CCRLS ............ lID Recommended action: Approve resolution and authorize the Mayor and Library Director to execute agreement. Page 2 - City Council Agenda - October 23, 2000 r rrr E. No parking on Lincoln Street between Gatch Street and Washington School. ............................................ lIE Recommended action: Approve installation of no parking signs along Lincoln Street between Gatch St and Washington SchooL F. Contract award for purchase of used dump truck. .................. IIF Recommended action: Award contract to DSU Peterbuiltfor $48,500. G. Liquor license application: Su Casa Imports relocation .............. llG Recommended action: Approve application. H. Liquor license application: Senior Estates Golf and Country Club change of ownership ........................................... 11 H Recommended action: Approve application. I. League of Oregon Cities Annual Conference and Business Meeting ..... 111 Recommended action: Select voting delegates to represent Woodburn. 12. PUBLIC COMMENT 13. NEW BUSINESS 14. PLANNING COMMISSION ACTIONS - These are Planning Commission actions that may be called up by the City Council. A. Site Plan Review 00-05; conditional use approval for a beauty salon (spa) located at 560 Glatt Circle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14A B. Site Plan Review 00-23; approval of expansion of existing restaurant located at 523 N. Front Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14B C. Site Plan Review 00-24; approval to allow installation of lighting around the new soccer field. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14C 15. CITY ADMINISTRATOR'S REPORT , A. Cable Television Franchise Renewal Update ....................... lSA 16. MAYOR AND COUNCIL REPORTS 17. EXECUTIVE SESSION 18. ADJOURNMENT Page 3 - City Council Agenda - October 23, 2000 'Il" SA COUNCIL MEETING MINUTES OCTOBER 9,2000 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 9, 2000. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0012 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley Kilmurray Pugh Sifuentez Present Present Absent Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Null, Interim Community Development Director Mulder, Finance Director Gillespie, Public Works Manager Rohman, Park & Recreation Director Westrick, Management Analyst Smith, Building Official Nelson, City Recorder Tennant 0023 ANNOUNCEMENTS. A) Habitat For Humanity Fund Raiser: This non-profit organization will be having a fundraising dinner on October 141b at the Silverton Immanuel Lutheran Church. The local contact person for this annual event is Doyne Deos. B) Public Hearings on Local Improvement Districts: On October 23, 2000, the City Council will hold a public hearing on the final assessments for improvements made to 1) Parr Road west of Settlemier A venue, and 2) the downtown alley. C) Marion County Urban Growth Management Workshops: A workshop will be held on November Sib at the Woodburn High School commons between 6:00 pm and 9:00 pm.. Councilor Bjelland stated that this will be an interactive process in that citizens will be asked to participate in a plan~ing exercise that allows them to allocate growth to various Urban Growth Boundaries pr6jected to the year 2050. D) Introduction of Building Omcial: Administrator Brown introduced Dan Nelson as the City's new Building Official. He stated that Mr. Nelson is a former employee of Marion County and has been doing inspections within the City while the City was under contract with the County for building inspection services. It was also noted that Mr. Nelson does have a commitment towards customer service and Administrator Brown expressed his pleasure in having Mr. Nelson as part of the City's staff. Page I - Council Meeting Minutes, October 9,2000 "!If SA COUNCIL MEETING MINUTES OCTOBER 9, 2000 TAPE READING 0176 PROCLAMATIONS: A) Crime Prevention Month 2000 - Mayor Jennings proclaimed the month of October 2000 as Crime Prevention Month in Woodburn. B) Hands are Not For Hurting Weeks - Mayor Jennings proclaimed October 8- 21,2000 as Hands Are Not For Hurting Weeks within the City. The Mayor stated that, due to the lengthy agenda, he would not read each proclamation, however, they are posted on the City Hall bulletin board. 0211 PARK AND RECREATION MASTER PLAN PRESENTATION. Mayor Jennings stated that this presentation will provide factual information regarding the park and recreation master plan project funding. Director Westrick reiterated that the presentation is factual information and that he is not advocating passage of Ballot Measure 24-62, however, this presentation will provide background information on recommendations and/or actions taken by the Park Board and City Council. He stated that the Council had challenged the Park Board to outline the most pressing park renovation tasks and to create a vision for replacing the community center. Over a 5-month period, the Board developed a process which included town hall meetings, convening a focus group to refine the town hall meeting ideas, and surveyed the community to validate the findings. At the town hall meetings, local citizens expressed their views on types of improvements needed to make the parks more usable. Additionally, the citizens expressed a desire to complete Centennial Park and to build a skate park. A funding strategy was developed by the Park Board, and approved by the Council, which provides for a combination of bond funds, sale of existing city property, and Parks system development charges to pay for the estimated cost to renovate existing neighborhood parks, park construction activities, and a new community center. He reviewed the recommended park improvements which includes various playground upgrades, irrigation/drainage, access paths, security lighting, benches, picnic tables, and ADA accessibility. Park construction involves Centennial Park athletic field lighting and a skate park. It was noted that the amount of funds included in the bond issue for a skate park is only seed money and local skaters have made a commitment to raise funds necessary to complete the skate park. Lastly, the community center as proposed would be the new site for all of the current programs plus it would allow for expansion of adult and youth programs, community rentals, special events, conferences, 300-350 seat theater, 250 seat banquet room with kitchen, activity room, exhibit room, and recreation offices. The estimated cost for all of the projects is $6.8 million. The breakdown of funding sources is as follows: $5 million bond issue, $830,000 in parks system development charges, $500,000 from grants, and balance from sale of the current community center and some other city property. He stated that he would be making this presentation to other local organizations and/or groups interested in obtaining more information on this Issue. Page 2 - Council Meeting Minutes, October 9,2000 'II 8A COUNCIL MEETING MINUTES OCTOBER 9,2000 TAPE READING 0841 Mary Comeo, staff member of the Oregon State University Extension program, stated that, as part of her duties, she develops 4-H clubs and mentoring programs within the Latino community. Currently, she is working with youth and adults at Neuvo Amanceer in their 4-H club. In addition, she is with the Woodburn Community Collaboration Committee which is an outreach program looking at all of the service providers in the Woodburn area to see how collaboration might be extended to link services together to make it better within the community. One of the recommendations of the committee was to provide assistance to downtown businesses in beautifying the downtown area. She stated that October 28th is "Make A Difference Day" and the children at Neuvo Amanceer have decided to help the downtown businesses as one of their projects. She will be approaching the business owners in advance to inform them of this upcoming project and let them know that the volunteers are willing to do the work provided that the materials are provided for by the business owners. The work will be performed between 9:00 am and 3:00 pm. She stated that this project is open to al14-H clubs in Marion County and she encouraged them to participate in this activity. She also requested City assistance in finalizing the plans for the project and directing her to the appropriate contact persons. Mayor Jennings suggested that she contact City Administrator Brown who will be able to provide her with information on City participation along with names of persons for her to contact for assistance. 1120 CHAMBER REPORT. Phil Hand, Chamber President, informed the Council of following upcoming Chamber events: 1) Chamber after Hours will be held on Thursday, October 12th, at Cascade Park beginning at 4:30 p.m.. 2) Chamber Forum will be held on Wednesday, October 18th, 12:00 noon, at the Woodburn Medical Center. Presentations will be made on the 3 bond issues before the local voters. He expressed his support for all of the local measures on the November ballot. 3) Brochures entitled "Silver Falls Tour Route" and "Woodburn - Ready to Grow" are now available which provide tourists and developerslbusinesses information about our local community. 1208 LETTER FROM BETTY GUZMAN. A letter was received from Betty Guzman expressing her appreciation to the Council for authorizing the installation of "No Parking" signs on the west side of N. Front Street at the last Council meeting. Page 3 - Council Meeting Minutes, October 9,2000 TIT 8A COUNCIL MEETING MINUTES OCTOBER 9, 2000 TAPE READING 1222 CONSENT AGENDA. A) Council minutes of September 25,2000 regular and executive session meetings; B) Museum minutes of August 7, 2000; C) Relocation of the Greyhound bus stop; D) Building Activity report for September 2000; E) Planning Project Tracking Sheet (update as of September 29,2(00); and F) Leaf pick-up and disposal program. FIGLEYIKILMURRA Y... adopt the consent agenda as presented. The motion passed unanimously. 1257 CONSIDERATION OF A CITY SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2000-01. The proposed supplemental budget provides for the appropriation of $53,500 within the General Fund for the purchase of a document imaging system, contractual services related to the completion of the Planning wetlands inventory, and the youth baseball program. Since the proposed supplemental budget is less than 10% of the total General Fund budget, a legal notice was published informing the local citizens that public input would be taken by the Council at this meeting before any action is taken on the proposed supplemental budget. No one in the audience commented on the proposed 2000-01 supplemental budget. COUNCIL BILL NO. 2266 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2000-01. Council Bill 2266 was introduced by Councilor Sifuentez. Recorder Tennant read the . two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2266 duly passed with the emergency clause. 1350 COUNCIL BILL NO. 2267 - ORDINANCE ADOPTING A REVISED 2000-01 SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES. PROVIDING FOR ANNUAL REVIEW OF SAID SCHEDULE. AND REPEALING ORDINANCE 2245. Council Bill 2267 was introduced by Councilor Sifuentez. The two readings of the bill were read by title only since there were no objections from the Council. Attorney Shields suggested that an amendment be made to the bill that would clarify the repeal of Ordinance 2245 in Section I of the ordinance. BJELLAND/SIFUENTEZ... amend Section 1 of the bill, first sentence, to add "...adopted on October 11, 1999 as Ordinance 2245, is hereby repealed." The motion passed unanimously. Page 4 - Council Meeting Minutes, October 9, 2000 nr 8) COUNCIL MEETING MINUTES OCTOBER 9, 2000 TAPE READING On roll call vote, the bill passed unanimously as amended. Mayor Jennings declared Council Bill 2267 duly passed. It was noted that the effective date for the ordinance is December 1,2000. The Mayor called for a recess at 7:48 p.m. and reconvened the meeting at 7:51 p.m.. 1475 URBAN RENEWAL FEASIBILITY STUDY. Administrator Brown stated that the Council had previously expressed concern regarding the re-development of the downtown area. A downtown development plan was adopted in 1998 which suggested certain infrastructure improvements to create more public space, safer environment, and improved access, lighting, benches, and trees. Some of the improvements have been implemented however, the capital improvement program costs more than what the City's budget can afford. Therefore, a funding alternative is an Urban Renewal District, and, following Budget Committee approval of funds for a feasibility study, a consultant (Spencer & Kupper) was hired last spring to complete the study. He briefly reviewed the areas proposed by staff to be included in the urban renewal district which would qualify under the various conditions for urban renewal. He stated that the first phase of this study looks at whether the conditions for urban renewal are met and whether there is adequate property value available to fund future improvements. H the Council elects to move forward on this issue, there will be a public process that will follow. H urban renewal is pursued, a plan would be created which includes a visioning and design process that will maximize public participation in the determination as to how the downtown should be redeveloped. Staff is also proposing that other urban renewal projects would include the standard improvements such as streets, sewer, water, lighting, furnishings, trees, undergrounding overhead lines, promotion of small business . incubation programs, loan programs, and facade improvement programs. Following public participation and Planning Commission review, the plan would be brought back to the Council for consideration along with a budget. Charles Kupper, consultant with Spencer & Kupper, provided basic information on Urban Renewal programs which is aliowed under state law (ORS 457). There are approximately 40 communities throughout the state and several of those communities have more than one urban renewal plan in operation. Key elements of an urban renew plan are as follows: 1) establishing a boundary, 2) identifying blighting conditions within the boundary, 3) identify the actions and activities that City would intend to undertake to treat the conditions in the area; 4) estimate the plan costs, revenues, and time to complete.the plan, and 5) establish a maximum indebtedness needed to undertake all of the projects in the plan. He also stated that, once the plan is put together, it must be sent to the other taxing agencies for comment, reviewed by the Planning Commission, and then adopted by a non-emergency ordinance of the Council. Once the plan is adopted, the City Page 5 - Council Meeting Minutes, October 9, 2000 r 'IT 8. COUNCIL MEETING MINUTES OCTOBER 9,2000 TAPE READING qualifies for Tax Increment Financing which is the source of revenues for to pay for improvements. He reviewed the method in which calculations are made to determine how much tax increment revenue is generated each year. He reiterated that tax increment revenues generated must be spent on projects within the plan boundary. He briefly reviewed how other communities use urban renewal funds for downtown renewal programs, industrial and commercial urban renewal areas, creation of a new center of activity for the community, dealing with the costs of growth, and to help finance new major infrastructure or public facilities within the community. The kind of activities that can be funded through urban renewal include sidewalks, curbs, streets, street lighting, water, sewer, storm sewer, treatment plant, parks, pedestrian and bike trails, open spaces, participation in construction of public buildings, parking structures, lots, land acquisitions and disposition for public and private purposes, historic preservation, and general building rehabilitation. Benefits provided by urban renewal include stimulation of new building values, creation of primary and secondary jobs, and improvement of the quality of life in the community. In regards to Ballot Measure 50, the taxpayers will see little or no change in their tax bill as a result of an urban renewal district. However, the taxes from the new values in the area will go to the urban renewal agency for use in the urban renewal district and will not be available for use by the City or other non-school taxing districts during the life of the plan. There would be no impact on the School District due to provisions within state statutes. Mr. Kupper proceeded to review the feasibility study that was included in the agenda packet. The proposed boundary was developed by staff, however, the final boundary lines will be dependent upon future public input. The study addressed each one of the elements included in the state statute and the preliminary assessment indicates that an urban renewal district would be financially feasible. Also included iri the report is a list of projects illustrating activities that would be funded with urban renewal tax revenues. It was also noted that a final list would be determined by a design workshop process which is overseen by a Council appointed Citizen's Task Force. Tape 2 Discussion was held regarding the financial impact to other governmental agencies during the period of time in which the urban renewal plan is in place. Mr. Kupper reiterated that the school district would not be affected by the urban renewal district since the tax rate for schools is addressed within the state statutes. In regards to maximum indebtedness, this value is established at the time the final plan comes before the Council for adoption. This indebtedness figure will take into account inflation factors for those defined activities that would be pursued in the urban renewal district. The plan can be amended with each budget cycle, and, if there is a need to increase the maximum indebtedness, it can be done with a special type of plan amendment. Page 6 - Council Meeting Minutes, October 9, 2000 1f 8A COUNCIL MEETING MINUTES OCTOBER 9,2000 TAPE READING 0219 Mayor Jennings stated that he was impressed with the content of the report and sees the urban renewal district as a forseeable project, therefore, the City should pursue the establishment of a district for the purpose of financing improvements and attracting new businesses. Councilor Pugh also encouraged the establishment of this district since improvements to the downtown area will greatly enhance the City in the years to come. Councilor Bjelland stated that this is an exciting opportunity for the City even though a lot of work still needs to be done before a final plan is adopted. He feels that the opportunity will be there for the grants and private monies for development within the district. Overall, the urban renewal district is a powerful tool that the City can use to enhance the economic development of the City. Mayor Jennings also stated that a Task Force will need to be appointed to work on this project and citizens will have an input on the focus group and planning process. PUGHlFIGLEY.... accept the feasibility study for the urban renewal district, approve the recommended preliminary district boundaries as shown in the report, direct staff to initiate visioning and design activities, and authorize preparation of an Urban Renewal Plan. Councilor Bjelland questioned if preliminary boundaries need to be approved at this time. Administrator Brown stated that the preliminary boundaries was included in his recommendation for the purpose of making it clear where the City is starting from and changes can be made to the boundaries during the planning process. On roll call vote, the motion passed unanimously. 0430 TRAFFIC SAFETY GRANT AWARD. The Police Department has been awarded a traffic safety grant through the Oregon Dept. of Transportation (ODOT) for seatbelt and DUll enforcement during fiscal year 2000-01. FIGLEY IKILMURRA Y... approve receipt and allocation of the grant award for traffic enforcement and approve the intergovernmental agreement between the City and ODOT Transportation Safety Division, through the Oregon Assoc. of Chiefs of Police. The motion passed unanimously. 0456 OREGON LIOUOR LICENSE APPLICATION - LA ESTRELLITA MEXICAN RESTAURANT: 327 N. PACIFIC mGHW A Y. A Dispenser Class A liquor license application was submitted by Tina Wiltsey and Robert Puentes DBA La Estrellita Mexican Resturant (formerly Chung sing Restaurant) located at 327 N. Pacific Highway. Staff recommended approval of the license application. FIGLEYIPUGH...approve a Dispenser Class A liquor license for La Estrellita Mexican Restaurant. The motion passed unanimously. Page 7 - Council Meeting Minutes, October 9, 2000 nr SA COUNCIL MEETING MINUTES OCTOBER 9, 2000 TAPE READING 0487 PLANNING COMMISSION ACTIONS. A) Site Plan Review #00-17: Request to establish a manufactured home sales facility at 1400 N. Pacific Highway - applicant is Oregon Choice Homes. B) Site Plan Review #00-21: Change of use to a restaurant at 573 N. Front Street- applicant Jose Mendoza. No action was taken by the Council on these site plans. 0513 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that he did not have anything to report for this meeting. However, prior to adjourning to the executive session, he stated that he was waiving his right to have his performance evaluation conducted in public. 0532 MAYOR AND COUNCIL REPORTS. Councilor Figley stated that the parking lot is under construction at Centennial Park and it should look like a parking lot by next week. She stated that it is very exciting to see another phase of this park project underway and the citizens will be proud of the progress. She also stated that, on the day of the Silver Falls Tour Route exhibition, the City was visited by approximately 150 Southern Pacific train buffs from around the country. She greeted these visitors and provided information on the City's train engine. Favorable comments were expressed by the visitors and she expressed her thanks to the Parks Department for their work in supplying the picnic tables, canopies, and trash cans at the site. Councilor Kilmurray stated that she had participated in the Fall Clean-Up last Saturday by picking up litter along the roadways. Additionally, there was an open house aCthe Fiie Department last Saturday which included participants from the City's Police Department, Sheriffs Department, and Woodburn Ambulance. In her opinion, it was well attended and a great community event. Councilor Sifuentez stated that MacLaren staff members appreciate the efforts of City staff and Council to pursue the reduction of the speed on Highway 99E from 55 MPH to 45 MPH from the Hwy. 99FJ2111214 intersection to the north city limits. She also stated that the Silver Falls Tour Route excursion was very good, however, she did not feel that the tour guide on her bus commented on Woodburn assets as well as she had expected. Overall, the tour was very good and she would recommend the tour to other interested persons. Councilor Sifuentez questioned if the leaf pick-up program was going to be in the newspaper or if Director Tiwari would give a short summary of this year's program. Director Tiwari stated that a newspaper article will appear in the Woodburn Independent. There will be little change from the prior year program other than the compost site will be Page 8 - Council Meeting Minutes, October 9, 2000 ITf 8A COUNCIL MEETING MINUTES OCTOBER 9, 2000 TAPE READING on Cleveland Street rather than the Wastewater Treatment Plant. The compost site will be open Monday through Friday between 8:30 am and 3:30 pm and on Saturday from 8:30 am to 1 :30 pm during the period of November 6th to December 15th. As a reminder, leaving leaves on sidewalks and in the roadway can be a safety hazard to pedestrians and motorists when the leaves are wet. Councilor Pugh stated that, at a recent MW ACf meeting, he and the Mayor of Hubbard approached ODOT regarding traffic speed reduction from 55 to 45 MPH on Highway 99E between Woodburn and Hubbard and the installation of more traffic speed signs in that area. He stated that OOOT was willing to take some action on these requests provided that letters are received from each City requesting this action. Discussion was held regarding the Council making recommendations on speed limitations in areas outside of the city limits. Administrator Brown stated that he will work with Councilor Pugh to draft a letter for Council consideration at the next regular meeting. Administrator Brown also expressed his thanks to the Public Works Department for their work in putting together data used by the consultants in developing the Urban Renewal Feasibility Study. 0334 Mayor Jennings stated that he had watched the Redmond City Council meeting on their community access channel and, after seeing the difference between using 1 camera versus 3 cameras, he was glad that Woodburn has 3 cameras to focus on persons speaking at the meeting. He also stated that the Woodburn Aquatic Center will re-open on October 16th. 0337 EXECUTIVE SESSION. Mayor Jennings requested that the Council adjourn to executive session under the authority of ORS 192.660(I)(h), ORS 192.66O(1)(i), and ORS 192.660(1)(f). BJELLANDIFIGLEy.... adJourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 9:02 p.m. and reconvened at 10:38 p.m.. 0407 Mayor Jennings stated that no decisions were made while the Council was in executive session. FIGLEYIKILMURRA Y.... authorize a 6% pay increase for the City Administrator in accordance with his existing contract. The motion passed unanimously. Page 9 - Council Meeting Minutes, October 9,2000 IT! 8A COUNCIL MEETING MINUTES OCTOBER 9, 2000 TAPE READING FIGLEYIBJELLAND... direct the City Attorney to sign the stipulated motion to resume the briefing schedule in LUBA cases No. 99-131, Craig Realty Group v. City of Woodburn, and No. 99-135, ODOT and DLCD v. City of Woodburn. The motion passed unanimously. Administrator Brown requested clarification of the effective date of the salary adjustment previously passed by Council motion. FIGLEYIBJELLAND... grant the City Administrator's 6% pay increase effective October 1,2000. The motion passed unanimously. 0465 ADJOURNMENT. FIGLEYIBJELLAND... meeting be adjourned. The meeting adjourned at 10:40 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, October 9, 2000 "" 8B MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: October 11, 2000 ROLL CALL: Phyllis Bauer Marie Brown Ardis Knauf Kay Kuka - Present - Present - Present - Present Barbara Pugh Kevin Schiedler Pat Will Mary Chadwick Ex-Officio - Present - Present - Present - Absent STAFF PRESENT: Linda Sprauer, Director Judy Careson, Recording Secretary GUESTS: Randy Westrick, Parks & Recreation Director Silas Harvey, Volunteer CALL TO ORDER: President Pat Will called the meeting to order at 12 Noon. Pat welcomed the new Board members: Marie Brown, Ardis Knauf and Kevin Schiedler. SECRETARY'S REPORT: The monthly Board minutes of September 13, 2000 were approved as submitted. PUBLIC COMMENT: None SPECIAL PRESENTATION: A special presentation by Randy Westrick, Parks & ~ecreation Director, 'was given; concerning improvements to City parks and construction of a new community center. Also, Silas Harvey explained the use of the LCD projector purchased for the Library, January 1999, by the WAASP (Woodburn Area Association for Senior Programs), the Friends of the Library and the Computer Users Group. DIRECTOR'S REPORT: Monthly Statistics: The monthly statistics were self-explanatory. The number of people visiting the library for the month of September was 12,035. Circulation for the month of August was more than the last two years of the same month. 1 ~ 8B Activities: A list of activities was distributed to the Board. Teen Week is October 15 - 21. Mary Parra has scheduled "Who Wants To Be A Million Dollar Reader?" Tuesday, October 17, from 10 AM to 4 PM. Children and teens who answer questions about books for their age group will win a prize. Mary will begin the Young Readers Choice Award Book Discussion Friday, November 3rd, at 4 PM. They will meet the 1st and 3rd Fridays of each month through March 4. Judy Brunkal has scheduled the following discussions series on America's future, Choices for the 21st Century by Kendall Staggs, professor at OSU: October 19, domestic and foreign policy; October 26, Imigration; November 2, international trade; and November 9, balancing priorities. The discussion series is presented by the library and Chemeketa's Center for Learning in Retirement Thursday mornings from 9 to 11 AM. Staff News: Wendell Buck was hired as a part-time Reference Librarian to replace Margaret Kleszynski who accepted a position at the University of Southern Colorado. Beulah Leder, part-time Library Page, is still out recovering from leg and shoulder injuries. Hopefully, she will return for some of her scheduled hours in November. Mary Chadwick, City Council person who attends the Library Board meetings, is recovering and will begin chemotherapy. Volunteer of the Month: Jane Stockfleth was chosen Volunteer of the Month for October. Project Updates: The HVAC project is almost completed. Training on the controls has not yet been done. -\! Carnegie Exterior: The engineering study, compJetedJast fall, will be the basis for the specifiCations in the RFP. At the next meeting, Linda will show the power-point presentation that she showed at the Chamber of Commerce Showcase describing the necessary repairs. Library Closure: The library will be closed Friday, October 20, to allow staff members to attend the annual Clackamas Network Conference at the Holiday 'Inn in Wilsonville. Appreciation Luncheon: The Library Board will host a luncheon for Dorothy Jaeger to show appreciation for her service on the Library Board from 1992 through 2000. The luncheon will be at the Tukwila Golf Course restaurant on Wednesday, October 18, at 12 Noon. A Library Board Minutes - 10/11/00 2 'If 8B plaque will be presented to her at the next City Council meeting, Monday, October 23. OLD BUSINESS: Bequest: The bequest by Albert John Saarinen to the Library Endowment Fund should be received by the end of next week. Approximately $36,000 will be given to the library in his wife's memory. Update By-Laws: President Pat Will read the suggested changes to the By-Laws, made at a workshop Thursday, September 28. The Board voted unanimously to accept the revisions to the Library Board By-Laws. NEW BUSINESS: None BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at 1 PM. Respectfully Submitted, ~ (!PJ~ Judy Coreson Recording Secretary Library Board Minutes - 10/11/00 3 ] 8B WOODBURN PUBLIC LIBRARY BY -LAWS PURPOSE: The Woodburn Public Library Board's is to advise and make recommendations to the Library Director, and when appropriate, the Mayor and City Council, on all matters related to the management of the library, and to formulate and adopt rules and regulations governing the use of the library. I. MEMBERSHIP: The Board shall consist of seven (7) members, appointed by the Mayor with the approval of the City Council. Terms of office shall be four (4) years except for one position filled by a high school student for two (2) years. In addition to the appointed members, the Mayor or designated Counselor and Library Director will serve as ex-officio members. Board members are expected to attend all meetings. If a member fails to attend at least 50% of the regular meetings of that board within a calendar quarter, the following procedure shall apply: A. The Mayor shall inquire to determine the cause of the nonattendance. B. The Mayor shall ask the chair of the board to contact the member and remind the member that commitment to attendance is a key responsibility of membership and advise the member that improved attendance will be required. C. If the member fails to attend at least 50% of the regular meetings within the next following calendar quarter, the Mayor shall ask the member to resign. D. If the member refuses to resign upon request by the mayor, the Mayor shall forward a report to the Council and. upon majority vote of the Council, the position shall be declared vacant. II. MEETINGS: The Library Board will meet monthly on the second Wednesday at 12:00 Noon in the City Hall Council Chambers. 'If 8 8C WOODBURN PLANNING COMMISSION September 14, 2000 CONVENED The Planning Commission met in a regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Young Cox Fletcher Grijalva Lima Mill Bandelow Lonergan Heer P P P (Left at 8:40 p.m.) P (Arrived at 7:05 p.m.) P P P A A Staff Present: Jim Mulder, Acting Community Development Director Scott Clark, Assistant Planner MINUTES A. Minutes of AUQust 10. 2000 Commissioner Bandelow referred to her statement found on page 6 of the minutes and corrected the word -mute poinr to -moot point." Commissioner Mill pointed to his statement also found on page 6 and commented correction should be made from .wheel barrer to .wheelbarrow.- Commissioner Mill moved to approve the Planning Commission Minutes of August 10, 2000 with the noted corrections. VICe Chairperson Cox seconded the motion which unanimously carried. B. Minutes of Auaust 24. 2000 Commissioner Uma moved to approve the August 24, 2000 Planning Commission Minutes as written. Motion was seconded and carried. . COMMUNICAflONS A. Council MeetlnQ Minutes of AUQust 14.2000 Commissioner Mill thanked the City Council for their compliments to the Planning Commission on Montebello II with respects to not giving in on the fence versus the wall. .. BUSINESS FROM THE AUDIENCE None PRESENTATION A. Frank TIwari. Public Works Director to introduce the Stonn Water Management Plan Frank TIWari. Public Works Director talked briefly about the introduction of the Storm Water Plan that is presently being developed. He explained development of the draft plan has taken place with Staff. The plan will be then brought forward to the Commission for input next month in the form of possibly a workshop. Frank indicated the process will consist of obtaining public input, revision of plan, formal adoption of the plan by the Council and ultimately implementation. Furthermore, he reported they are currently concentrating in the area of accommodating the quantity of storm water. Frank stated the quality of water is not being discussed at this point because they are waiting to incorporate new federal government rules, but this will Planning Commission Meeting - September 14. 2000 Page 1 of 8 11" 8C be addressed early next year. Frank pointed out detention ponds have been used for more than 20 years in Woodburn before it was that popular. He stated detention ponds are generally built for 10 to 25 years storms. Frank informed the Commission there will be a lot more discussion on this topic next month. Commissioner Mill inquired if Goose Creek is outlined as one of the major storm water drainage areas? Frank Tiwari replied affirmatively. He indicated the area is a secondary drainage way and according to the plan it is possible to be piped. Frank stated they have talked to the Corps of Engineers many times. He commented there are some judgmental issues involved with this. Frank informed the battle between the Corps of Engineers and the City may not be something which is resolved with this plan. Commissioner Bandelow inquired when was the last time Frank spoke with the Corps of Engineers in relationship to Goose Creek? Frank Tiwari responded it has been a while ago since he spoke with the Corps. He said the Corps told him they are going to turn it down but have not done so yet. Commissioner Bandelow interjected the Corps conveyed to her that they were waiting for the City to adopt one of the three alternatives to mitigate closing the ditch and the City has not responded favorably to any of the three alternatives. Frank Tiwari reiterated Public Works have given their input regarding what they think is the correct way. Commissioner Fletcher indicated this issue should be resolved one way or the other so the property owners know what will be behind them whether it be piped or not. Commissioner Lima requested clarification regarding the 25, 50 and 100 year storm. Frank Tiwari clarified the frequency for a 50 year storm is what you can ,expect once in 50 years and could happen two or three years in a row and not happen for a hundred years. He stated a 10-year storm you would expect once every 10 years and again you can get every two or three years and then not for many years. Commissioner lima also asked for clarification regarding Frank's statement of not recommending a retention pond for 100 year storm. Frank TIWari explained economically it would be so expensive that it probably would not be wise to go to. thal He informed most of the cities have 25 year storm retention which is the industry standard. However, he clarified this does not mean that you could not go for higher. Commissioner Mill asked what areas would we be most concerned with in terms of the potential applicant's efforts of retaining water on their properties or discharging into the system? Frank TIWari replied they are going through the area mapping system right now with the change in topography over the last 20 years. He said this will help them determine the lower areas which would be most vulnerable to the flooding. Frank concluded they will be able to identify those areas better after the aerial map is completed and will become an integral part of their overall plan. Vice Chairperson Cox asked if the draft Storm Water Management Plan has been done in-house or with consultants? He also inquired what kind of management plans or ordinances do we have right now and how far back do they go since they have been updated? Frank Tiwari replied the draft Storm Water Management Plan has been done in-house and with the use of Planning Commission Meeting - SqJtember 14. 2000 Page 2 of 8 nr 8e consultants. He indicated there has been a lot more work conducted in-house in this plan because there are a lot more policy issues and less than pure engineering data. Frank commented some of the different components were approved by the Council. The storage area for detention ponds was modified back in 1995-1998. He informed this is an essential wor1<ing document that is used for detention ponds. The policies were written for major projects such as the Factory Outlet. Vice Chairperson Cox inquired if it is anticipated that we will be primarily working on new developments and projects to apply the new rules or go back and try to retrofit and put storm drains in areas where they are insufficient? F rank Tiwari responded the new rules will be applied to the new plan and they will continue to improve them in-house where there are deficiencies without using SDC funds. Commissioner Lima asked what is the expected time frame for final document? Frank Tiwari replied the draft document will be brought forward to the Commission some time next month. During the next three or four months they will be obtaining public input. He estimated they hope to take the final document before Council in March. Commissioner Fletcher left the meeting and did not return. PUBLIC HEARING A. Site Plan Review 00-17. request to establish a manufactured home's sales facility at 1400 N. PacifIC Hwv.. Mark Fisher. Oreaon Choice Homes. applicant. Staff read the applicable ORS Statement and provided a presentation as reflected in the staff report Staff indicated a necessary change was made on page 5 of the Staff Report on the last sentence of the second Staff Comment to indicate -The easement would grant the applicant access from the adjacent highway, across Chu's parking lot around the north of the restaurant building.... Staff stated the proposal meets site plan review criteria and recommended approval of this project. Commissioner Bandelow and Commissioner Mill inquired how will delivery time frames be enforced? Staff replied they would have to depend on comments or complaints. Vice Chairoerson Cox asked if ODOT requires special permits for manufactured homes to take them onto public highways? Staff responded they do require permits. He indicated what ODOT requires is minimal. They look at the time of day they would deliver. the route and load size. Staff informed it is a very minimal review by ODOT because they can provide those permits on the same day of the request. A new access approach permit would be required because there would be an added traffic to the driveway. Chairoerson Youna questioned what does an approach permit entail? Staff answered an approach permit is the State granting access to the highway. He stated all new driveways require an approach pennit but existing driveways will require a new approach permit if you are changing use or you are intensifying a use. Vice Chairoerson Cox requested clarification regarding who is the property owner and who is the applicant? Staff reported he contacted Marion County Assessor's Office and was told that the only record they had was that it was under contract purchase under Fisher Advisory. P/QruUng Commission Meeting - September 14. 2000 Page 3 of 8 ". 8e Commissioner Griialva commented people will be confused as to how to access this property. She also commented she can envision issues of people speeding down the highway while some are slowing down trying to get into the property. Staff commented the other option would be an off premise sign closer to the actual access way itself. Commissioner Lima referred to the Police Department Evaluation Form evaluator comment regarding plans submitted did not specify type of fencing and exterior lighting and that these are important factors for property crime prevention. He inquired whether this comment has been addressed fully in Condition of Approval Item #4? Staff commented the applicant has not proposed a substantial amount of lighting at this time. He reported it would be low voltage lighting along a walkway that would be in between the units themselves. As far as fencing, Staff stated it will go along the homes to create somewhat of a barrier. Commissioner Lima indicated it does not appear to him that the Police Department comment has been fully addressed. Staff replied they receive comments from other departments and try to accommodate them as much as possible. TESTIMONY BY THE APPLICANT Mark Fisher. 7582 SW Vlahos Drive. Wilsonville. OR 97070 clarified he initially filled out the paperwork for submission prior to the contract dosing of the transaction when Salvation Army was still the owner back in May. However, submissions were subsequently delayed due to some input from Staff on the general issues that would need to be addressed. Mr. Fisher commented he did not utilize the white out on that section of the form. He reported he owns Oregon Choice Homes mutually and exdusively as a Sub Chapter S Corporation. Additionally, he explained Fisher Advisory is like an ownership entity for investment property similar to what a living trust is. Mr. Fisher stated he also owns the property that is not proposed for development He indicated the 40-foot wide driveway is 5 feet wider than the current authorized maximum standard by OooT. Mr. Chu did not want his parking lot or access affected and he was amenable to this development plan. Mr. Fisher pointed out this plan was the least invasive of half a dozen options that were strongly considered because it only disrupted one parking space out of his 142 total spaces. He said the signage will be the same size as Chu's signage because you can still see around it as you are coming down the highway. It was also indicated by Mr. Fisher that he will probably have an -Enter at Chu's. addendum on the sign. He stated part of the easement calls for a maximum allowable sign at the mouth of the driveway for Oregon Choice Homes with a directional arrow. Mr. Fisher commented that pulling homes into the lot seems to be a non issue in relation to the three or four beer trucks that are going into Chu's driveway on a weekly basis. Commissioner Mill asked Mr. Fisher how many move in/move outs can be reasonably expected during a 7 -day period or 3O-day period? Mark Fisher explained initially there wo,uld be two move ins in a 7 -day period for the first three weeks. There would be one move every two months on average after that and a move-in and move-Qut would occur subsequently. Commissioner Mill also questioned how much time is 99E going to be affected by blocking the driveway and pulling in and out? Mark Fisher replied this should be the \east impacted of any other lot on 99E because of the size of the driveway. He indicated it would be two minutes tops if someone comes out the other direction and if there is congestion at the time. Mr. Fisher stated they want to avoid the congestion as much as they possibly can. PUmning Commission Meeting - September 14. 2000 Page 4 of 8 ~ 8e He reported he is shooting for 9:30 a.m. to 11:00 a.m. or 1 :30 p.m. to 3:30 p.m. for his target delivery times because it would be nice to be able to send the same driver back down to pick up the other half. Commissioner Mill inquired how feasible it would be to put a couple of employees on the road with an orange vest to assist and aid in that vehicle getting in and out safely? Mark Fisher responded this has never been necessary on any other lot he has been on. He said there is always a pilot car with anything coming into town. Mr. Fisher expressed his willingness to utilize Commissioner Mill's suggestion. He would defer to Morgan Driveway for their judgement for exactly what his optimum delivery is. Commissioner lima asked Mr. Fisher if the displayed units will be sold or will they be used just as displays? Mark Fisher answered they would initially be displayed for a period of one year depending on how effective a model is. He said there would be no reason to sell the home until it becomes apparent that he needs a different home for one reason or another. Commissioner lima requested clarification regarding the storage of used homes on the lot. Mark Fisher replied he might take a home for trade-in and put it on his lot dependent upon the quality of the home. He said he would locate an appropriate site for the used homes. Mr. Fisher explained he maintains contact with the facilities managers of already established manufactured communities for when a site becomes open. Commissioner Lima inquired if Mr. Fisher agrees with the time frames contained in Condition of Approval Item #12? Additionally, he questioned if Mr. Fisher has any concerns about vandalism? Mark Fisher replied he is okay with whatever he can get at this point. However, he does not believe that it is prudent and he would like to request consideration for a different time leeway window if at all possible. He said the permits only allow for the drivers to be on the road in daylight hours which would essentially be 6:00 a.m. to 8:00 p.m. most of the time. They have an % hour transport time if they come directly from the factory. If they don't come directly from the factory, Mr. Fisher stated his next option would be to store them around the corner which would add to the Silvercrest and Fleetwood storage area and then they would hook up first thing in the morning and do two houses on separate days. He remarked he does have concerns regarding vandalism however, but he generally tries to remain an optimist on human nature. Mr. Fisher said he will have spoUights on every comer of the homes for the back section and three for the office front and ; back. He indicated initial~ he_planned to put up fatlcy wrought ironfencing around the whoie lot but the Rre Marshall expressed concerns that he could not get within 150 feet of the models with the truck. Commissioner Bandelow pointed out the delivery time frames would eliminate six months out of the year for delivery because it is not light until eight o'dock in the winter mornings and it is dark by four o'dack in the afternoon. She does not see how the eight to six is even workable unless the models seem to turnover in the summertime and not the wintertime. Commissioner Bandelow asked Mr. Fisher if his home liquidation signs are 14 feet wide? Mark Fisher replied the signs are not 14 feet wide. He indicated he wants to maintain compatibility with Mr. Chu's signage. Chairoerson Young questioned if evening hour deliveries are not allowed on the highway or city limits? Mark Fisher replied deliveries are not allowed on a public street from dusk to dawn as per regulated by ODOT and OMV. He pointed out the worst sales lots for ingress/egress is Oakwood Homes lot where it angles back the opposite direction and the driveway is actually on the other side. Planning Commission Meeting - September 14. 2000 Page 5 of 8 '1f 8e TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS None Chairperson Young closed the public hearing and opened discussion to the Commission. DISCUSSION Commissioner Mill remarked Mr. Fisher has made a really good point about Condition of Approval #12 and has allayed his fears. He suggested striking Condition of Approval #12 or include language to say Musing reasonable or prudent judgement as to the movement of homes to cause the least possible interference with traffic flow both on Highway 99E and within the Chu's parking lot. " Vice Chairperson Cox agreed with Commissioner Mill that the applicant has addressed the issues. He stated he did not think it was necessary to have a time frame condition after having heard what this is and considering the practicalities of the application. Vice Chairperson Cox referred to Condition of Approval Item #9 and requested the addition of ....and approved by Staff as conforming to what was represented.. Commissioner Griialva expressed her concerns regarding the safety of people entering and exiting. She stated it should be included in the Conditions to make sure that the directional signage is appropriate so that there is safety on that highway. Staff indicated there was a sign plan submitted but there was no sign plan submitted as far as directional signage. Vice Chairperson Cox suggested Condition #12 be replaced with a Condition that there will be a directional sign at the entrance. Commissioner Lima recommended that Conditions #10 and #11 should be combined to say that "display, storage and sale of manufactured homes will be limited to new units only and the graveled storage area will be used only for the temporary storage of new manufactured homes. . Chairperson Youno commented this is a piece of property that is difficult to utilize in the normal business sense. He stated the applicant has made it very clear that it is a good size driveway. Chairperson Young further stated Condition #12 needs to be addressed regarding delivery ~mes. He remarked he is sure that their profassional drivers would use discretion on moving at appropriate times. Commissioner Bandelow agreed with Commissioner Lima's suggestion to strike "trade in manufactured homes. from Condition #11. She said it does not look terribly attractive to have an older model trade in home sitting on the lot and she would not like to see this turn into a trade in lot in the back. Vice Chairperson Cox moved to approve Site Plan Review 00-17 and requested Staff to return with a Final Order for the next meeting and that the. approval be on the condition set forth in the ~taff Report with the following changes: Condition of Approval #12 relating to times of delivery be deleted;. Condition of Approval #11 be amended to exclude trade in units; and that the applicant shall install a directional sign at the driveway location to be approved by Staff within the parameters of what is required under our sign code; expand on Condition #9 the evidence of the recorded access to be reviewed by the Community Development Department. Commissioner Lima seconded the motion. Motion unanimously carried. FINAL ORDER A. Site Plan Review 00..06. reauest for approval to construct a 14.400 souare foot Industrial - buildinG on a 1.27 acre site located north of 2725 N. Front Street. TradinG Company. Bill Planning Commission Meeting - September 14. 2000 Page 6 of 8 'If 8e Pease. aDDlicant. Commissioner Mill moved to approve Site Plan Review 0Q-06 as specified in the final order. Commissioner Bandelow seconded the motion, which carried unanimously. B. Site Plan Review 00-15. Partition 00-03 and Variance 00-06. reauest to construct an Auto Zone. Inc.. auto Darts store. 1041 N. Pacific Hwv.. Scott Steckley. aDDlicant. Commissioner Lima moved to approve Site Plan Review 00-15. Variance 00-06 and Partition 00-03 as specified in the final order. VICe Chairperson Cox seconded the motion. Motion unanimously carried. DISCUSSION ITEMS A. Consideration of memo to City Administrator Dertaining to shODDing carts. Vice Chairperson Cox suggested it would be more accurate to state -the neighborhoods near the shopping areas along Highway 214 west of 99E" otherwise they might think we were referring to Safeway only. Commissioner Mill inquired if it would be appropriate to include a line to the effect that -the shopping carts are unsightly and definitely a visual eyesore when placed in a residential area?" Staft replied it would not be inappropriate to indicate this if the Commission wishes to. Chairperson Young pointed out we could make pages and pages about whether the carts are appropriate in one area and not another and that they are very useful in one capacity but not good on the street. He stated he felt Staff has addressed the issue in the memo. Chairperson Young indicated Mr. Brown is aware of the Commission's situation and feelings. Commissioner Mill moved to send the memo with the noted amendment to the City Administrator. Chairperson YounQ asked if the submitted photographs may be included with the memo? Staff stated he has spoken with the City Administrator and he was aware of what the Commission was proposing to do and he acknowledges that there is a problem. Motion unanimously carried. REPORTS A. Planning Tracking Sheet (revised) Chaimerson Youno commented he really appreciates this fonnat and the regular updates the Commission receive. He said it really helps to see what direction' the community is going .and it also helps the Commission to know what they need to be aware of. B. Buildina Activity for August 2000. Staff infanned the Commission that Unks @ Tukwila have pulled permits on the models. He indicated Montebello are doing the infrastructure on the improvements but they still don't have a developer to build the homes or sell the lots. Staff also indicated they have received six applications for the Oakwood Subdivision. BUSINESS FROM THE COMMISSION Commissioner Mill thanked Staff for continuing to pursue the Shop-N-Cart issue with the hole in the fence. He commented the Council minutes for 1992 or 1993 will probably give Staff the additional needed information. Commissioner Banclelow remarked some of the businesses along Highway 99E have signage that really looks bad and are not legal. She asked if it is legal for citizens to go around picking up signs? Plonning Commission Meding - September 14. 2000 Page 7 of 8 ill' 8e Staff stated Planning Staff does not have the resources at this point in time to be actively enforcing all the signage issues. He indicated he will need to speak with the City Administrator as far as directing Code Enforcement which is done through the Police Department. Staff strongly advised against citizens enforcing city codes. He said any nonofficial sign in the public right-of-way is a violation and City Staff or authorized person can remove those. Commissioner Mill shared with the Commission that there was an article in the Oregonian a few months ago about a guy in Portland who learned the code thoroughly and goes around and keeps the area he patrols sign free. ADJOURNMENT Vice Chairperson Cox moved to adjourn the meeting which was seconded. Motion carried. Meeting adjourned at 9:17 p.m. APPROVED ROYCE YOUNG, CHAIRPERSON DATE ATTEST Jim Mulder, Date Acting Community Development Director City of Woodburn, Oregon Planning Commission Meeting - September 14, 2000 Page 8 of 8 ". e 8e WOODBURN PLANNING COMMISSION September 28, 2000 CONVENED The Planning Commission metin a regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Young Cox Fletcher Grijalva Lima Mill Bandelow Lonergan Heer P P (Arrived at 7:05 p.m.) P A P P P P P Staff Present: Jim Mulder, Acting Community Development Director Scott Clark, Assistant Planner MINUTES A. Minutes of September 14. 2000 Commissioner Bandelow referred to Frank's comments contained on page 2 of the minutes and stated it did not reflect what was actually said. She said Frank stated that the Corps told him that they are going to tum the city's proposal down but have not done so yet Commissioner Lima moved to approve the Planning Commission minutes of September 14. 2000 with the noted correction. Commissioner Heer seconded the motion. Motion carried. COMMUNICATIONS A. Council Meetina Minutes of August 28. 2000 BUSINESS FROM THE AUDIENCE None PUBUC HEARING A. Planned Unit Develooment 00-02. modifICation of the Conditions of APproval for Boones - Crossing to allow flexibilitY In construction of the Protect by providing for a sanitary sewer Ilftstatlon option as an alternative to deep sewer construction. Polygon Northwest applicant. Staff read the applicable ORS Statement and provided a presentation as reflected in the staff report. Staff recommended approval. Commissioner Mill referred to page 11. Attachment C, paragraph one. He indicated he does not see a problem with it and that the application 'makes sense. However, he envisioned 28 vertical feet as a very large hole in the ground equivalent to a 2-story house. Commissioner Mill requested clarification as to how did this occur? Staff replied he is at a slight disadvantage because he was not with the City at the time of the approval of the project. He indicated this all came out as the applicant was preparing improvement plans which would be much greater in detail as far as looking at the specifics of how deep the trench would have to be dug. Staff also stated this was probably not identified initially. PUurning Commission Meeting - September 28. 2000 Page 1 of 12 '11' 8e Chairoerson Young interjected both plans were discussed during the hearings. He stated the applicant thought the pump station would be more expensive. It was the City Council's decision for the applicant to choose the option of gravity flow. TESTIMONY BY THE APPLICANT Matt Sprague, Alpha EngineerinQ, 9600 SW Oak St. Suite 230, Portland. OR 97223 thanked Staff for working with them on this modification process. He briefly summarized the recommendations that came from the Community Development Director. TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS None Chairperson Young closed the public hearing and opened discussion to the Commission. DISCUSSION Commissioner Mill commented putting in the lift station seems to be the only viable altemative. He stated any time you get a trench more than 14 feet in depth you end up with a considerable danger of cave in. Commissioner Mill also said the saturation of soils could possibly contribute to ground water contamination. He stated he is inclined in voting in favor of it. Commissioner Bandelow concurred with Commissioner Mill. Vice Chairperson Cox also agreed with his fellow Commissioners. He stated he does not see this as a Planning or land Use issue but as a Public Works issue. Vice Chairperson Cox further commented the explanations given sound reasonable to him but more significantly the Public Works staff states this makes sense. Chairoerson Young commented the cost of yearly maintenance caused the applicant to be in favor of the trenching over the pump station at the time of the original project discussion. He said the Commission's decision is a recommendation to the City Council. Vice Chairperson Cox moved to approve PUD 00-02 and recommend to the City Council that they adopt the necessary ordinance changes subject to the conditions set forth in the Staff Report. Commissioner lima seconded the motion, which unanimously carried: Staff will bring back a Final Order at the next meeting. B. Conditional Use OO~5. reauest to establish a beauty salon and spa at 560 Glatt Circle. Richard & Joan Holmaren. applicant Staff read the applicable ORS Statement and provided a presentation as reflected in the staff report. Staff recommended approval of the Conditiar:'al Use request Commissioner Mill requested clarification as to how this project is even considered to be a Conditional Use as this is leased space. Staff responded the closest land use classification that Staff determined came under the Zoning Ordinance was either a beauty or barber shOp because they are providing services that are associated with a beauty salon. He further stated under Chapter 28 Commercial Office it lists that use specifically as a Conditional Use which would require this process. Planning Commission Meeting - September 28. 2000 Page 2 of 12 'IT' 8e Commissioner Fletcher inquired what the definition of an esthetician is? Commissioner lima asked if any neighbors have mentioned anything with this business going in their area? He also inquired where will the parking be for this business and if so, are there any handicapped spaces provided? Staff replied they have not heard anything from the neighbors. He reported there are parking stalls adjacent to the building and along the aisle. Staff stated he believes that there is at least one handicap spot in this location. Vice Chairperson Cox pointed out this is a slightly different use than a typical office use but it does not create any different code requirements for parking and the parking is adequate to meet our code. Staff stated this is correct TESTIMONY BY APPLICANT Joan Holmaren. 967 Hermanson St.. Woodburn commented they want to be very low key which is one of the reasons they selected the place. She stated most of their practices are stress reducing. Mrs. Holmgren reported they could only do a maximum of three persons at a time. However, she said this would be very unusual because they are working mosUy part time. He clarified an esthetician is a facialist. Mrs. Holmgren remarked they do provide in-home services for the seniors but they would like a base from which they can work out of to provide the services that they can't provide on an in-home basis. Commissioner Heer asked when do they plan on opening? Joan Holmoren responded as soon as they can get a permit. She indicated they have been ready for a couple of months. Mrs. Holmgren indicated tentatively their hours of operation will be from 9:00 a.m. to 6:00 p.m. She stated services will be by appointment only. However, they do have cell phones if they have to leave the office because somebody does not have an appointment and the office would be closed at that time. Mrs. Holmgren stated they do want to cover hours that will accommodate working people. VICe Chairperson Cox questioned where is their office located right now? Joan Holmaren replied right now their base of operation is her cell and home phone. TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS None DISCUSSION VICe Chairperson Cox expressed his concerns with the approval of the conditional use as a beauty shop only because it is not exactly what they do but it is the closest thing in the code to what they are doing. He stated he has visions that it would be possible fbr these people to sell the business and the landlord to lease the space again to somebody who ran a completely different type of operation under the name of beauty shop. Vice Chairperson Cox questioned whether the Commission is prepared to approve any type of beauty shOp or barber shop that might go in there or do we want to limit it to what the applicant is doing here? He suggested we add an additional condition that if the current use as specified in the application is terminated for more than however long, that the Conditional Use approval would terminate so they would not have a blanket permit to operate any kind of a beauty or barber shop out of there. Commissioner Bandelow indicated she does not see any reason to put conditions on this particular business Planning Commission Meeting - September 28. 2000 Page 3 of 12 'Ir 8e because it is already permitted there as a Conditional Use. Chairperson Youno interjected the condition would not be to the applicant but to the landowner. Commissioner Loneraan moved to accept Conditional Use 00-05 with Staffs conditions. Commissioner Bandelow seconded the motion. Motion unanimously carried. C. Site Plan Review 00-24. reauest for field liohtina on new soccer field at the Woodburn Hiah School. i7eS N. Front Street. Bill Kev. Woodburn School District. applicant. Chairperson Youna limited testimony to three minutes. He also requested that speakers do not say the same thing that the person before them said. A spokesperson may represent a group of persons. EXPARTE CONTACTS Commissioner Heer reported a bias and therefore stepped off the bench. Vice Chairperson Cox reported he has seen the site but he has not gone to visit specifically in connection with this application. However, anything he knows about this site will not affect his decision. Commissioner Mill stated his son is a student at Woodburn High School but is currently not involved in the soccer program. Commissioner Bandelow said she received several calls on both sides of this issue and she has not made a decision either way at this point. Commissioner Lima also reported he is familiar with the site but has no conflicts. Commissioner Loneroan indicated his mother-in-law is a member of the Tukwila Partners and he has a sister and a brother who live directly across the street from this project. Additionally, he has a brother who has been a coach to the soccer team and is currently a teacher at the school. Commissioner Lonergan stated this will not affect his decision regarding this project. Staff entered into the record three letters that were received today. They were marked Exhibit -1", Exhibit "T and Exhibit .3". Copies were provided to the Commission as well as to the representative of the School District. Staff read the applicable ORS Statement and provided a presentation as reflected in the staff report Staff recommended approval of the proposal subject to the conditions outlined in the Staff Report. Vice Chairperson Cox disagreed with Staffs interpretation of the oode. He. stated it is his belief that this 0 application could not even be proper1y considered unless it was also a Variance application. Vice Chairperson Cox commented the poles are 75 feet in height and the maximum height of structures is 70 feet in a PE zone. Furthermore, he pointed out there is a setback violation that the Commission is being asked to approve again without a Variance request. Staff stated light poles are definitely structures and as such they are subject to the 70-foot height requirement However, Staffs interpret;ttion is that they are towers. He quoted the definition of a tower as being a building or structure whose height is in greater proportion than its lateral dimensions. Staff stated the poles did qualify as a tower and the Zoning Code provides an exception from the height limitation for towers. He referred to page three Section B. Item 1 Chapter 8 General Standards of the Staff Report. Staff indicated the definition of a building is a structure built for the support, shelter or enclosure of persons, animals, cattle or property of any kind. Staff interpreted that the towers are not a building and therefore, the setback requirement would not apply to the poles but the five-foot setback would apply. He said the project meets this. Vice Chairperson Cox requested clarification regarding Section 37.090. Planning Commission Meeting - ~ptember 28. 2000 Page 4 of 12 'Ir 8e Staff replied it was interpreted that since the poles were exempt from the height requirement that the poles would also be exempt from the setback based on height of a building. Staff commented the Planning Commission has the discretion to provide their own interpretation. Commissioner lonerQan inquired if the condition regarding time restrictions for lighting was agreed upon with the School? Staff responded he spoke with Mr. Blomberg with the Woodburn School District today and he indicated that they would propose to have the JV games start at five o'clock and end at seven o'clock. Varsity games would start at seven o'clock and end around nine o'clock. Commissioner Mill asked if there was any provision for limitation for strictly school functions or could this become a community soccer field where games could possibly go later? Staff answered No. He reported the only way the lights could be used would be prior to six o'clock. The field can only be lit for the varsity boys and girls soccer teams after 6:00 p.m. He expressed this was Staffs attempt at trying to provide a reasonable compromise between the needs of the adjacent property and the needs of the School District. Commissioner Bandelow commented the condition of planting evergreen trees is unreasonable because it is a needless expense and does not see how it will solve the problem. Staff replied it was Staffs attempt to create a compromise. He indicated Staff addressed the potential adverse impacts of light illumination and noise. Commissioner lima questioned if the School District has informed Staff on how many potential games they would have in a season that will require lighting? Staff responded the only information he has is the information contained in the application packet which indicated that they proposed to use the field for the High School and Middle School. He said the applicant would be able to give better insight to the number of games when they testify. TESTIMONY BY APPLICANT Walt Blombero. 1780 S. Boones FerN Rd.. Woodburn. OR stated the lights were around the football and soccer field in the original plan. Unfortunately, the High School Manager failed to communicate completely the total scope of the wor1< that was going to be done in the athletic complex. He said Hank Vredenburg, Athletic Director had assumed that the plan was approved with the lights. Mr. Blomberg clarified theintegrity... of the individuals involved in this project is unquestioned and beyond reproach. He hoped that the thinking that there was underhandedness on the part of the School District would cease. Mr. Blomberg stated the main reason for this project is to allow parents to be more engaged with their kids by allowing games to start later on at five o'clock. He assured the lights will be off by 9:00 p.m. It was indicated we are looking at 1 % months out of the year where the fields would be used, August thru October and possibly November for three nights a week. Mr. Blomberg understands what Staff is bying to accomplish with the proposal for the trees but does not agree that it is the n;lOSt effective way to do that He would entertain more discussions about finding something other than fir trees that would help diffuse the light for the neighbors in close proximity. The poles were placed 75 feet because the taller you get them the more you can angle the lights on the spots that you want the lights. He reported the poles were placed and the lights spotlighted on the fields by PGE. In closing, Mr. Blomberg requested the Commission consider Staffs recommendation and his request to approve the soccer lights so that they can begin the season. Chairperson Young provided a brief background on how the project transpired to get to this point He stated when the Commission reviewed this project in the past. the entire project was brought forward as an Administrative Approval and not as a Site Plan Review. Chairperson Young said at that point there was Planning Commission Meeting - &plember 28. 2000 Page 5 of 12 '1r 8C a brief discussion and the Commission agreed with the Staff Report and they voted to send it onto the City Council. He clarified it is now being brought forward as a Site Plan rather than an Administrative Approval. Commissioner Lima asked what degree of noise will be generated by the games? Walt Blomberg replied soccer is fairly contained. He said there will be no bands playing or any cheerleaders present at the games. Hank Vredenburg. 900 Wilson St.. Woodburn interjected he is with the Woodburn School District. He explained there is no stadium in the soccer field and the bleachers are out in the open. They have not had large crowds so you do not have the echoing of the noise. Mr. Vredenburg said there will be people there but there will no bands nor sound system like there are at football games. Commissioner Lonergan asked why do they have six poles as opposed to four like the ones they have at the football field? Hank Vredenburg explained the soccer field is 20 yards longer than the football. He stated the lights at the football field cover over to the end of the end zone and there are shadows beyond the end zone. Mr. Vredenburg stated to run an evening track meet around the football field there is limited light with four poles. He further explained this is the reason why they went to six poles to light the field. Commissioner Fletcher inquired if there was a reason why the installer did not obtain a building permit? Hank Vredenburg replied the football lights were installed with no permit. He stated they came to City staff to ask if they needed permits. Mr. Vredenburg emphasized if they knew they needed permits they would have obtained them. He indicated he was very careful with Portland Electric to make sure they had the permits they needed. VICe Chairperson Cox asked what type of fund was used for this project? Hank Vredenburg responded the lights were purchased with public funds and the installation of the poles was donated. Commissioner Loneraan questioned why 1500 watts for lighting are being used? Hank Vredenburg answered they can use less fixtures with 1500 watts. He indicated the less wattage the more fixtures you need. Mr. Vredenburg said there are nine fixtures on each pole. VICe Chairperson Cox requested clarification on how they arrived at 75 feet and does this include the fixtures on top of it or is it strictly the pole height? Hank Vredenburg explained the pole itself is 85 feet high. Ten percent of the pole plus 2 feet is placed in the ground. He indicated the pole is 74 % feet out of the ground. PGE set the poles in the soccer field and they determine how far they go in the ground. Mr. Vredenburg also stated the light fixtures are about a foot below and there are three racks. Commissioner Loneraan requested clarification regarding the number of games played. Hank Vredenbura stated league games are twice a week. eight teams with fourteen games for each team allowed. This leaves sixteen non league games which are scheduled with opponents whenever you can get those. He indicatect there may be times when there might be three games a week or one game a week depending on how the schedule lines up. Mr. Vredenburg said the lights would be used mostly on Mondays and Thursdays. The soccer field was built for High School kids only and not for community use. He stated it is not economical or practical for them to use the lights during practice. Planning Commission Meeting - September 28. 2000 Page 6 of 12 111" 8D City of W oodbum Police Department STAFF REPORT 270 Montgomery Street W oodbum, Oregon 97071 (503) 982-2345 Date: September 7,2000 From: ~ul Null, Chief of Police To: Mayor and Council Through: John Brown, City AdministratorP Subject: Police Department Activities - May 2000 The Consolidated Monthly Report is a monthly analysis of police department calls for service. This report lists all police department incident investigations for the month, shows year to date activity and compares statistics with the previous year. The report is in conformance with Federal Bureau of Investigation's national guidelines for crime classifications and is reported to the State of Oregon Law Enforcement Data System via the Regional Automated Information Network. ITr SF DUPLICATE ORIGINAL ADDENDUM COMPENSATION ADJUSTMENT (AS RESULT OF CITY COUNCIL ANNUAL EVALUATION) TO EMPLOYMENT AGREEMENT WITH JOHN C. BROWN, CITY ADMINISTRATOR THIS ADDENDUM TO AGREEMENT, is entered into this day of October, 2000, between the City of Wood bum, ("City"), an Oregon municipal corporation, and John C. Brown, ("City Administrator"). WITNESSETH WHEREAS, City and City Administrator executed an Employment Agreement on August 18, 1998; and WHEREAS, the City Council conducted an evaluation of City Administrator and concluded that City Administrator exceeds the applicable standards of his employment; and WHEREAS, the City Council wishes to amend City Administrator's employment Agreement to provide a compensation adjustment based upon the results of City Administrator's evaluation; NOW, THEREFORE, in consideration of the terms, conditions and covenants contained herein, the parties agree as follows: The Employment Agreement is amended to add a new section 7 which shall read: 7. Salary During the Services Period, City agrees to pay employee for services r.en<lered a base annual salary of Eighty Five Thousand Six Hundred Twenty Dollars ($85,620), payable in installments at the same time as the regular employees of City are paid. Annually, after a satisfactory evaluation by the City Council, an increase in salary will be negotiated. In Witness Whereof, the parties hereto have executed this Agreement on the date written above. Richard Jennings, Mayor ~Ar-<- John C. Brown, -. City of Woodburn Attest: Mary Tennant, City Recorder ",- 8e TESTIMONY BY PROPONENTS Lee Ehrens. 85 Workman Dr.. Woodburn stated a group of people came together and committed to volunteer worK to bring this project to fruition. He indicated they feel the are going to have the best facilities in the State which is something that is good for the community. Mr. Eldrens requested we look at the whole picture at what they are trying to accomplish for the community. Mari Worley. 40 Smith Ct.. Woodburn informed the Commission she has been a member of the Woodburn Planning Commission. Parks & Recreation Board and has had various opportunities to serve the Woodburn youth. She stated she is a parent of two Woodburn High School graduates that participated in sports. Mrs. Worley commented she understands the Commission's dilemma and the impact regarding the lighting. She stated she supported Lee Eldrens' comments. She reiterated that student participation in sports are the criteria and bottom line here. Mrs. Worley said school, city and community need to work together. She encouraged the Commission to weigh the pros and cons, list them and make their decision based on the greatest good. Kevin Hendricks. 632 Ironwood Terrace. Woodburn remarked he bought his home because of the lights. He stated the setback issues can be addressed by making the building fireproof or adding sprinkler systems. Mr. Hendricks requested that the lights be turned on. Debbie Austin. 1465 Georae St.. Woodburn said the kids are the important issue. She suggested people put up curtains if they feel the lights will bother them. Dave Christoff. 671 Ironwood Terrace. Woodburn reported he lives directly across the street from the project. He said the lights are not an inconvenience to him because they do not emit that much light. Mr. Christoff commented the High School Varsity schedule indicates there will be six games each which is twelve nights a year. He remarKed twelve nights a year is not that much of an infringement upon the lifestyle and livability for the community. Mr. Christoff stated they take the advice of Staff when they come to the City to ask what is needed to approve a project. He said the Commission should not fault the applicant for not having applied for a site plan because Staff did not get that to the Commission. In closing, he stated he is in favor of the project and hopes the Commission can find a way to work with the School District to make the project happen. David Ellinoson. 630 StarK St.. Woodburn informed the Commission he is a teacher at Woodburn High School and also is currently the freshman boy's soccer coach. He stated the kids have pride in their town, community, school and their team and we should give those kids the opportunity to be able to play on that field. Mr. Ellingson further added it would be something that would benefit the whole community for the kids to be able to show their talents ~n front of their parents and their community. Barry Stenlund. 2310 Miller Farm Rd.. Woodburn said he lives directly across the ball field. He reported he was the athletic director at the High School about seven/eight years ago and one of the things that he wanted to accomplish as athletic director was to bring athletic events to the High School, i.e., football and other sports that were on borrowed facilities. However, Mr. Stenlund indicated he would be opposed to the trees. He does not believe the lights are an eyesore and it makes the facility look like a prison. Mr. Stenlund stated the bottom line is this project is great for our community. . Warde Hershberaer. 2380 Miller Fann Rd.. Woodburn said he bought his home about seven years ago and the High School was there before he purchased it He stated he expected to hear noises of children having fun. Mr. Hershberger stated he is 100% in favor of this project because it builds the community up. He commented he will also speak as an opponent regarding other issues regarding the project. Mario Sisto. 253 E. Lincoln St.. Woodburn reported he is the current Bulldog Foundation President He said there has been a lot of work done by people who are not present tonight who support this school athletically wise. Mr. Sisto also informed he has two daughters whom have graduated from Woodburn High School. Planning Qmrmission Muting - September 28, 2000 Page 7 of 12 'Ir 8C He expressed his support for the project. Brian Flanaaan. 1197 Horizon Ridae Ct, Keizer. OR informed the Commission he is presently the assistant coach for the boys soccer team. He stated he is representing 100 players and their parents tonight He urged the Commission to pass this request. Mr. Flanagan related that playing 4A level means that you need facilities that are competitive. He reported all of the other competitors in this league play under lights with the exception of one. Having these lights make a difference when you need the competitive edge. He urged the Commission look at the big picture. A 10 minute break was requested. Returned at 9:05 p.m. TESTIMONY BY OPPONENTS Terrie Heer, 2340 Miller Farm Rd.. Woodburn reported she is speaking for a group of citizens. She blamed the Woodburn School District for putting the Planning Commission in this very precarious position. She questioned how do you approve a site plan that has already happened and if you don't enforce them to take the lights down, will they say that the Commission does not care about the children of Woodburn and that they are making them waste hundreds of thousands of taxpayers dollars? Or do you make the Woodburn School District be accountable for their actions and make them be the good neighbors they need to be? However, Mrs. Heer said she does support school and sports activities and that she is not a naysayer about children. She indicated she has volunteered on youth programs. Firstly, she expressed her concerns with the way the Woodburn School District seems to do business here because the district has come before the Commission begging for forgiveness after the fact for at least three times. Mrs. Heer reported the issue with the 75 foot towers has compounded the issues with the way Tukwila development has proceeded. Furthermore, she said she will have to be visually polluted by the 75 foot light towers but she will lose the view of Mt. Hood if the proposed minimum 60 foot evergreen trees are planted along the side of the soccer field. Lastly, Mrs. Heer expressed concerns with the light towers. She said the field will be constantly used with the various soccer leagues no matter what the School District is saying now. A survey of area High Schools with soccer field lighting was submitted into the record by Mrs. Heer and marked as Exhibit -4". Phil Grinnell. 2320 Miller Farm Rd.. Woodburn commented the poles are definitely in his vision of Mt Hood. He stated the lights still come thru his windows even if you dose the curtains. Mr. Grinnell said he can live with the football lights but not with the soccer lights. He indicated the poles are unsightly and he is totally against them. Warde Hershberaer. 2380 Miller Farm Rd.. Woodburn said he is totally against having any trees planted. Gary Heer, 2340 Miller Farm Rd.. Woodburn remarked a public entity has a basic responsibility to be a good neighbor and should be the best model. He said the School District should have taken the extra step to go out to the neighbors to let them know what that project would do to your neighborhood. Ravmond Percel. 2370 Miller Farm Rd.. Woodburn stated he supports education, schools and community. He commented he does not want any divisiveness. Mr. Percel said he was not informed about this project He indicated he realized the towers were out there because he looked out his back window and saw them. Furthermore. he indicated he has a g~ deal of trepidation when he hears about the proposed trees and is scared to death about 81,000 watts of electricity shining into his home. In closing, he said the Woodburn High School should be good neighbors. REBUTTAL BY THE APPLICANT Walt Blombera said this project will be a tremendous accomplishment when it is all said and done. He asked that the Commission consider the amount of time and energy that went into this project. Mr. Blomberg mentioned it is most unfortunate that they are back here dealing with this and wasn't dealt with two years ago when it first came before the Commission. He stated there is some humbleness on their part in coming to the Commission and knowing that the whole story did not get told to the Commission and are Planning Commission Meeting. September 28, 2000 Page 8 of 12 'Ir 8( now having to deal with it again under these circumstances. The intent was never to deceive anybody or place things up without some consideration to the neighbors. Mr. Blomberg remarked two years ago there was some assumption that the process had gone through. He said the lights have been placed properly and are focused as much as they can on the field that is to be lit. There will be a limit on the amount of lighting done and he assumed that the Commission will stipulate that as part of their recommendation of approval. He concurred with the thoughts that the trees might not be the best solution to curbing the light. Mr. Blomberg stated the kids are the bottom line for the District. Additionally, anything they do enhances the total community and the value of all of our homes in this community. He further commented that schools, for many people who move to Woodburn, is an important piece of what they consider as a community and a reason for moving. Hank VredenburQ explained the design of the facility contains a concession stand and a restroom. He indicated the portable toilets will be removed when the restrooms are completed. The restroom was donated entirely by private funds and because of that donation they were able to use other funds to put the lights up. Mr. Vredenburg mentioned the stadium was built free of charge to the District utilizing students to build the seats within the stadium which enabled them to use some of the monies on the soccer field. He said he met with the Ironwood salesperson Mrs. Fellar twice when this development started and he gave her a complete map of what was going on. He indicated he was very open in informing her that lights were going up. Commissioner Loneraan inquired whether any of the schools listed on the Exhibit provided by Mrs. Heer are in the Woodburn league? Hank VredenburQ replied not one of those schools listed are in their league. Commissioner Mill asked if there has been any kind of lighting study or discussions with the engineers that they can control the field lighting? He requested the applicant tell him where the lighting shadows would fall approximately with the soccer field. Hank Vredenbum clarified each one of the lights are aimed at a specific place with the majority aimed at the center of the field. He said there will be glare but the lights are aimed down. Mr. Vredenburg stated the lights are identical to those found on the football field. Commissioner Mill further inquired if we had one football field pole versus one soccer field pole and we sit them side by side would the ambient light coming off of those other than where they are directed be approximately the same with the soccer field? Hank Vredenbum responded it would be the same lighting. DISCUSSION Chairoerson Youna closed the Public Hearing and opened discussion by the Commission. Commissioner Lima commented having six poles will provide significantly more vision to the players than if you had just four poles. He reiterated .these are directional lights and not something that will be pointed toward the neighborhood. Commissioner Lima said this is an excellent project and the school is reassuring that there will be some control over the number of games. He expressed his concerns with the fact that this issue is being discussed tonight and had not been discussed previously. Commissioner Bandelow stated the Planning Commission has never been anti school or anti Woodburn. The members are all strong supporters of the community, serve unpaid and they are here because they do care. However, there has been a pattern recenUy of errors and oversights by the School District where the District has had to come to the Commission after the fact for permits or site plan review approval. Commissioner Bandelow expressed her resentments in being put in this position tonight. Nevertheless, she Planning Commission Meeting - &plember 28. 2000 Page 9 of 12 ". 8e really is not inclined to deny a soccer team their lighted field or deny the community an athletic complex that we should be very proud of. She indicated she is ready to vote to approve the project without Condition #4 pertaining to the trees. Additionally, she requested clarification as to whether this project needs a Variance or not. Vice Chairperson Cox indicated he is certainly not anti school but he is beyond anger at the attempts to make the City the fall guy for the School District's own mistakes. Additionally, he stated he resents the fact that the School District went before the City Council to try to waive the fees for this application and indicated to the Council that the lights were there all along thus implying that the Commission was not smart enough to see them. Vice Chairperson Cox emphasized the lights were not on the original site plan. He stated this is not a minor impact on this residential neighborhood. The manner in which it is being presented to the Commission as good for their program, this is pride in our community, this helps our kids, is as if the Commission votes against the project then they are somehow against the schools or kids. He said he will vote against it both on the technical grounds of not having a Variance and because he does not know that this is an appropriate site and appropriate use on that land. Commissioner Mill stated everyone here has made a very clear and convincing argument. He mentioned he would be inclined to vote for the project if the Variance issues could be resolved so we make sure we are on legal solid ground. He said the Commission has a duty to the future residents and the community to make sure that those laws are upheld. Commissioner Loneraan also expressed his resentments for being placed in this situation. He said if someone is going to live around a school they certainly are going to have to live with what is going on with the school. Commissioner Lonergan agrees with the point that we need to get the parents involved and he is most appreciative with what has been done with the soccer program and also thinks that this is a great facility. He stated he will vote in favor of the project on its technical merit and will let wiser people tell him that it is illegal to do this because of the setbacks. Commissioner Fletcher commented he certainly is not anti school being he has seven children. thirteen grandchildren with the fourteenth one arriving in December. He was a former school teacher twelve years in Junior High School and also as a coach of football and basketball. Commissioner Fletcher stated part of the big picture is following rules. He does not believe that the rules have been followed in this situation. He would support this project if there were a Variance but he would also want the City to allow the poles to stay up and the lights to go on until this is resolved. Chairperson Y ouna disagreed with some of the comments made by some of his fellow Commissioners. He stated since the entire project (upgrade the school, add the soccer and football fields, conceSsion stand and the restrooms) first came to the public attention, was a time that although it doesn't seem a long time ago there have been many staff changes. There have also been changes in the administration of the School District and some of the problems have been created in the past by people that are no longer here. Furthermore, he said new people have come in and are looking at the project in a different aspect and perspective and with the standpoint of what needs to be done. He remarked he would like to consider modification of Condition #4 or strike it out completely. Commissioner Loneraan stated he would like Condition #4 eliminated. Commissioner Mill and Commissioner Lima concurred with Commissioner Lonergan to eliminate Condition #4. Commissioner Bandelow moved to accept Site Plan Review 00-24 with Staffs recommendation excluding Condition #4 regarding the trees. Commissioner Mill asked Staff if he felt we are on sound legal grounds as far as not needing the Variance? Plmuring Commission Meeting - September 28. 2()()() Page 10 of 12 ". 8C Staff replied affirmatively. Commissioner Lima seconded the motion. Motion carried with Vice Chairperson Cox and Commissioner Fletcher voting No. FINAL ORDER A. Site Plan Review 00-17. reQuest to establish a manufactured homes sales facility at 1400 N. Pacific Hwv.. Mark Fisher. Oreaon Choice Homes. applicant. Vice Chairperson Cox moved to approve the order. Commissioner Bandelow seconded the motion, which carried unanimously. DISCUSSION ITEMS A. Site Plan Review 00-21, chanae of use to restaurant on 573 N. Front Street. Jose Mendoza, applicant (Administrative approval). Commissioner Mill inquired whether the drawing was clone prior to the Fire Department's recommendation? Staff answered the drawing was done prior to the recommendations. He stated under Public Works conditions of approval they require compliance with Fire District standards. Vice Chairperson Cox moved to concur with Staffs decision. Commissioner Fletcher seconded the motion. Motion carried unanimously. REPORTS None BUSINESS FROM THE COMMISSION Commissioner Mill commented the Konovalov property located on Intersection 99E north of AI's Fruit and Shrubs and south of Chu's, is turning into an impromptu used car lot. He suggested the owner be contacted and have them post the property accordingly. Commissioner Lima interjected there was also a fruit stand on that property. Commissioner Mill requested an update regarding the Shop-N-Cart fence issue. Staff stated he spoke with Neil Thomas and he agreed to put up some concrete poles about two to three feet high next to the portion of the fence that has been broken. He indicated the poles would be spaced apart properly to where a shopping cart couldn't fit through there and they will repair the'fence as well. Commissioner loneraan requested the Parks Director be so willing to come and talk to the Commission regarding the Bond Measure for a new community center. Staff said he will arrange for a presentation by Randy Westrick for the October 26 Planning Commission meeting. Commissioner Lima asked Staff if there'is any news on his new title? Staff answered there is no official news. He did announce that Dan Nelson has been hired as the new Building Official. Staff stated Dan has been providing inspection services for us through Marion County. However, the Building Official will be struggling with the loss of the temporary Permit Technician as Planning is struggling with being short on staff in the Planning Department. Staff indicated everything should be resolved in the next few months. Planning Commission Meeting - &plember 28. 2000 Page 11 of 12 ,. T 8e ADJOURNMENT Motion was made and seconded to adjourn the meeting. Motion carried. Meeting adjourned at 10: 15 p.m. APPROVED ROYCE YOUNG, CHAIRPERSON DATE ATTEST Jim Mulder, Date Acting Community Development Director City of Woodburn, Oregon Plonning Commission Meeting - September 28, 2000 Page 12 of 12 11T s 8e WOODBURN PLANNING COMMISSION October 12, 2000 CONVENED The Planning Commission met in a regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Young Cox Fletcher Grijalva Lima Mill Bandelow Lonergan Heer P P P P P P P P P Staff Present: Jim Mulder, Acting Community Development Director Scott Clark, Assistant Planner MINUTES A. Minutes of September 28. 2000 Vice Chairperson Cox indicated in the process of approving the minutes of the meeting of September 14th, Commissioner Bandelow was not satisfied with Frank Tiwari's comments reported in the minutes. Additionally, there was a motion by Commissioner Lima to approve the minutes with the noted corrections but as far as these minutes are concerned it is not at all clear what those corrections were. Commissioner Bandelow inte~ected at that time Staff was going to review the tape to find out what it was he said. She said at the previous meeting the minutes stated that the Corps of Engineers had said that they were approving the improvements to the ditch and then he went on to say that this did not occur. She stated she does not believe Frank ever actually said they approved it. Vice Chairperson Cox commented the minutes were approved with noted corrections but no corrections are noted. He stated this needs to be clarified otherwise, historically there would be no way of knowing what it was that was approved as to the minutes of that preceding meeting. Staff will make sure the change is made. Commissioner Mill referred to his statement found on page 1 and clarified his statement .However, he envisioned 28 vertical feet as a vel}' large hole in the ground equivalent to a 2-stol}' house.. Additionally, he pointed to his statement at the bottom of page 2 and said it should read: ....considered to be a Conditional Use as this ;s leased space. . Chairoerson Youna pointed to his statement contained mid-way on page 2 and stated it should read: "...cost of yearly maintenance caused the applicant to be in favor of the trenching over the pump station.... He also referred to page 4 item C and indicated .spoke person. should be .spokesperson". In addition, he referred to the top of page 7 first proponent statement and stated the last name should be spelled .Ehrens.. Mario Sisto's statement found on the bottom of page 7 and requested correction be made to indicate that ....he has two daughters whom have graduated from Woodburn High School: Commissioner Mill pointed to page 5 Testimony by Applicant and indicated Walt's last name should be spelled -Blomberg" Planning Cmnmission Meeting - October 12, 2000 Page 1 of 5 'If 8e Commissioner Fletcher clarified his grandchild is due in February and not in December as he indicated at the previous meeting. Commissioner Loneraan moved to accept the minutes as amended. Commissioner Fletcher seconded the motion, which unanimously carried. Staff will bring the minutes of September 28th and September 14th back for Commission review. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A. Council Meetinq Minutes of September 25. 2000 PUBLIC HEARING None FINAL ORDER A. Planned Unit Development 00~2. modification of the Conditions of Approval for Boones Crosslnq to allow flexibility In construction of the prolect by providing for a sanitary sewer lift station option as an alternative to deep sewer construction. Polygon Northwest. applicant. Vice Chairoerson Cox moved to approve Planned Unit Development 00-02 as submitted. Commissioner Mill seconded the motion. Motion unanimously carried. B. Conditional Use OO~5. reQuest to establish a beauty salon and spa at 560 Glatt Circle. Richard & Joan Holmaren. applicant. Commissioner Mill moved to accept Conditional Use 00-05. Commissioner Heer seconded the motion, which unanimously carried. C. Site Plan Review 00-24. reauest for ('leld lightinG on new soccer field at the Woodburn HiGh School. 1785 N. Front Street. Bill Key. Woodburn School District. applicant. Staff wanted to know whether the Commission's understanding of Condition of Approvalltem #3 is that lights will be altowed to be on between six and seven o'clock only on nights that the Varsity plays. Commissioner Lonerqan indicated his understanding is that the tights be on only for Varsity games. He stated his recollectiOn is that the field will be used forVarsity games and that JV will not play there. Chairperson Youno inteljected his recollection is that JV will play first and then they would clear the field and then the Varsity would play and they would be done by nine o'clock. He also indicated the JV teams would play on the same nights that the Varsity plays. Commissioner Mill referred to Condition of Approval #3 and stated he does not see a time limit there as far as Varsity or Junior Varsity. He said it w,as his understanding that we were allowing the lights on until nine o'clock no matter what the circumstances were. Chairperson Youno reported he believed it was stated that they will not do practices on the field because there was a soft sod and they did not want to create the additional use on the field itself. Vice Chairperson Cox suggested the last sentence of Condition of Approval #3 read as follows: "However, soccer field lighting may be used on evenings when Woodburn High School boys and girts varsity. soccer teams are playing as long as the lights are turned off no later than 9:00 p.m." Planning Commission Meding - October 12, 2()()() Page 2 of 5 11r 8C Commissioner Mill moved to adopt the Final Order with the amendment to Condition #3 as presented by Vice Chairperson Cox. Commissioner Sandelow seconded the motion. Motion carried with Commissioner Heer abstaining from voting. DISCUSSION ITEMS A. Site Plan Review 00-13 and Partition 00-05. construct an approximately 1.859 sa. ft. clinic to provide to ambulatory out-patients with chronic care needs with a possible addition of a 1.600 sa. ft. second facility at 1310 N. Pacific Hwv.. Salem Hospital. applicant(administrative approval). Vice Chairperson Cox expressed his concerns with the fact that a mobile home can be there for 30 years as far as this proposal is concerned. He is aware of what the intent of the applicant is but that can change and wind up being a restaurant or something else in a mobile home for a long time on a prime piece of property . Commissioner Mill also voiced his concerns in regards to the market testing period. Additionally, he concurred with Vice Chairperson Cox's concerns. Commissioner lima stated he recalled the lot was previously approved for one business only because the Commission did not want the back portion of the lot not being utilized. He also agreed with Commissioner Mill's concerns. Commissioner Lima indicated a medical clinic is a wonderful idea but he is concerned about the future possible partition of the lot and not utilizing the back portion of the lot. VICe Chairperson Cox moved to bring this item forward to the Commission for a Public Hearing. Commissioner Heer seconded the motion, which unanimously carried. B. Site Plan Review 00-23. request to expand existina taaueria restaurant located at 523 N. Front Street. Luis Quintero. applicant (administrative approval). Commissioner Sandelow abstained from participating in this discussion because she has a prejudice in this case. She indicated she sold Mr. Quintero the building. Commissioner Mill moved to concur with Staffs administrative review of Site Plan Review 00-23. Commissioner Loneraan seconded the motion. Commissioner Loneraan inquired if the missing corner is a separate building? Staff responded that portion of the building is vacant at this time. The wall between the seating area and the vacant area is onaihat he is proposing to put in as part of this proposal. Therefore, the area will remain vacant at this time. Commissioner Loneraan also asked if there is separate plumbing in the building if this is rented or leased out? Commissioner Sandelow responded there is not at this point. . Staff reported the applicant can sublet the space out. He stated in speaking with the Building Official, he indicated that because of the size of the building it would be permissible for them to go into the adjoining business to use their restroom facilities. Commissioner Loneraan asked if the Commission would have input on what type of business would be going in that space? Staff indicated it probably would not come before the Commission. He also stated whatever business goes in will have to comply with the Building Code and if that has some sort of exemption based on square Planning Commission Meeting - October 12, 2000 Page 3 of 5 '" 8e footage and other accessible facilities, then that may apply. If it doesn't, then they will need to provide the appropriate facilities before anyone moves in there. Motion carried with Commissioner Bandelow abstaining from voting. Commissioner Fletcher was not present for roll call. REPORTS A. Plannina Trackina Sheet (revised) Commissioner Mill questioned when will the Elmer's project come up before the Commission? Staff answered it is planned to come forward as a public hearing on the November 9th meeting. B. Building Activity for September 2000. BUSINESS FROM THE COMMISSION Staff requested a count of Commissioners that would like to attend the FEMA workshop coming up on November 1st. Commissioner Mill inquired whether there will be somebody from City Staff coming back and reporting to the Commission about this? Staff replied the Commission may request a report if they wish to do so. Staff indicated he can certainly bring back any written information provided and share that with the Commission. He reported Mr. Tiwari will be coming back before the Commission regarding further discussion on the Storm Water Management Plan at some point in time. Commissioner Griialva expressed her disappointment in that the Planning Commission was not included in the decision of the new city logo and that it did not go to the public. She indicated it could have been a great community project VICe Chairoerson Cox referred to an artide regarding a program in Portland for "traffic calming techniques" (speed bumps). He commented the Woodburn Public Works Director was going to find out what other communities have traffic calming devices and provide a report to the City Administrator by September 30111. VICe Chairperson Cox inquired whether this has been accomplished? Staff stated he believed something has been done as far as research into traffic calming devices. He will find out what has been done and will pmvidethe Commission with a report at the next meeting. Commissioner Mill brought up the issue of the broken down Shop-N-Cart fence item. He indicated he has not seen any progress made. Staff will follow up on this issue. Commissioner lima commented there are several traffic calming devices on 32nd NE Portland near Providence Hospital. He said there is a lot of signage indicating you are entering an area with traffic calming devices. Commissioner Lima said it really makes you slow down quite considerably. Chairoerson Youna stated he had brought in photos this past spring of the rail road tracks at the intersection of Hardcastle and Front Street where the pavement has large gaps. He said he has never had any feedback as to whether there will be repairs done in this area. Commissioner Mill inte~ected the rail road is involved in that repair but there is some Public 'Works involvement. He indicated nothing happens without the approval of the rail road. Planning Commission Meeting - October 12,2000 Page 4 of 5 ",. 8e Staff said he will attempt to return with answers from Public Works as to whether something can be done or not. Commissioner LonerQan referred to the Shop-N-Cart fence issue and remarked it is ridiculous that government works so slow with a problem that is this big and grinding to many people in the neighborhood. Commissioner Mill commented he appreciates Staff's efforts made thus far. He indicated he would like Staff to push a little harder to get some construction started before the rainy season starts. ADJOURNMENT Comrnissioner Mill made a motion to adjourn the meeting. Commissioner LonerQan seconded the motion, which carried. Meeting adjourned at 7:50 p.m. APPROVED ROYCE YOUNG, CHAIRPERSON DATE ATTEST Jim Mulder, Date Acting Community Development Director City of Woodburn, Oregon Planning O:Jmmission Meeting - October 12. 2000 Page 5 of 5 ,.. .... -' N-0004 "'''' 0 C C 00400411\ ,r-- ... w ... N 4'4' ... 0 UJ III ... .... W C ex 0 a:: ... .....Noo4 ~'" C ..J 004'" '" ::) N "'''' III 0 Z C 0 III a:: ~ 004,~ 00 W > .... 0. ::) .... .... .., .... tI'lOC o C >- W..J Q! C W ..Jill U"'Q! :r:>- ...... Z W U Q!tI'l W"'O a.:r:r to- ~OO~O~NOOOOOOO~OO"''''OOO~'''~~O'''OO~~O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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NONE 9/6/00 $772.50 52093 SERVICES-WATER VAUEf MAlUNG 021044 9/7/00 $682.80 52094 VOID VOID VOID $0.00 52095 VOID VOID VOID $0.00 52096 VOID VOID VOID $0.00 52097 SUPPUES-UBRARY BROWN UNIVERSITY NONE 9/8/00 $214.00 52098 SERVICES-POUCE LANE CTY SHERIFFS NONE 9/8/00 $138.00 52099 SERVICES-POUCE HYATT REGENCY NONE 9/8/00 $63.94 52100 RERJND-BUILDING HUB OISTRl8UT1NG NONE 9/8/00 $131.20 52101 SERVICES-POLlCE NW COMPUTER TECH NONE 9/8/00 $109.00 52102 SERVICES-flNANCE STRATEGIES FOR BUS NONE 9/8/00 $85.00 52103 SERVICES-PUB WKS MARK SQiROEDER NONE 9/8/00 $309.75 52104 suPPL.IES-RSVP OilP VOLUNTEERS NONE 9/8/00 $75.00 52105 SUPPLlES-WTR MA ORlUlNG SERV 000010 9/8/00 $1,190.00 52106 SERVICES-PUB WKS WIUIAM E PfJN'6 MAl 000047 9/8/00 $1,800.00 52107 SERVICES-ENG AEROTEK INC 000080 9/8/00 $180.00 52108 SUPPllES-\WITP PIONEER AMERICA 000136 9/8/00 $640.00 52109 SERVICES-POUCE AROi PAGING 000535 918/00 $143.22 52110 SERVICES-TRANS AWARDS & ATHl.E1lCS 000580 9/8/00 $96.91 52111 SERVICES-STREET BASIC FIRE PROTECTION 001157 9/8/00 $320.00 52112 SUPPLIES-ENG BIMART OORP 001275 9/8/00 $21.31 52113 SERVICES-PtANNING ROGER BUDKE 001580 9/8/00 $1,215.00 52114 SERVlCES-WWTP CARLSON TESTING 002140 9/8/00 $350.00 52115 SERVICES-SELF INS as aTY CTY INS 002488 9/8/00 $150.00 52116 SUPPtJES-AllY OOMARK oovr SALES 002684 9/8/00 $870.41 52117 SUPPUES-V.ARIOUS en. CORP 002926 9/8/00 $8,6n.25 52118 SERVICES-PUB WKS ~ DAIlY JOURNAl 00302D .. 9/8/00 $65.OQ 52119 SERVlCES-FINANCE DIRECT UNK 003240 9/8/00 $315.00 52120 SUPPUES-PARKS HALlON 00 007046 9/8/00 $3,202.17 52121 SERVICES-PUB WKS HERAlD HASKELL 007099 918/00 $400.00 52122 SERVICES-STREET HIRE CALLING oon40 9/8/00 $513.02 52123 SUPPUES-WWTP lOEXX DIST OORP 008015 9/8/00 $635.34 52124 SlJPPllES-VNITP IND Y/BDING 008100 9/8/00 $31.50 52125 suPPtJES-UBRARy INGRAM DIST 008116 9/8/00 $4,888.80 52126 SERVlCES-FINANCE IKON TEOt SER 008117 9/8/00 $900.00 52127 SERVlCES-PUB WKS WIWAM KOS1"ENBORDER 010297 9/8/00 $4,000.00 52128 SERVICES-WATER 11MO KORKEAKOSKI 010298 9/8/00 $2,880.00 52129 SERVICES-WWTP RANOALL LANGBEHN 011029 9/8100 $425.00 52130 SERVICES-BUILDING LEAGUE OF OR OTIES 011110 9/8/00 $14.00 52131 SERVlCES-POLICE MARION CTY SHERIffS 012190 9/8/00 $397.48 52132 SERVlCES-WNTP MCOJU,.OUGH ROOFING 012352 9/8/00 $1,749.00 52133 SUPPUES-VARIOUS METRORJB.tNG 012448 9/8/00 $2,.506.16 52134 SERVIa:s-eNG ONSITE ENVIRON 01..055 9/8/00 $803.20 Page 1 or AlP 0iECK USTlNG FOR THE MONTH OF SEPTEMBER 2000 8E 52135 SERVICES-WWTP OR ANALmCALlAB 014107 9/8/00 $130.00 52136 SUPPUES--VARIOUS OR OMV 014240 9/8/00 $78.50 52137 SERVICEStlBRARY OR UBRARY ASSN 014327 9/8/00 $105.00 52138 SERVI~ARKS OR REC &. PARKS 014431 9/8/00 $310.00 52139 SERVICES-POLICE lAWRENCE PARADIS 015115 9/8/00 $'10.00 521~ SERVICES-STREET PAULS SM MOTOR 015175 9/8/00 $181.06 52141 SUPPLIES-PARKS PIONEER aECTRONICS 015345 9/8/00 $69.98 52142 SERVICES-VARIOUS PORT GENERAL ElEC 015420 9/8/00 $23,648.54 52143 SUPPLIES-PARKS PROMOllONS WEST 015563 9/8/00 $3,4&4.80 52144 SUPPlIES-WWTP lAC< RAWllNGS 017054 9/8/00 $222.89 52145 SUPPlIES-WNTP M.lEE SMITH PUB 018566 9/8/00 $117.00 52146 SERVICES-AllY STATESMAN JOURNAL 018760 9/8/00 $213.25 52147 SERVICES-POUCE SUN RIVER 018848 9/8/00 $239.40 52148 SERVIces.ENG TEl< SYSTEMS 019046 9/8/00 $920.00 52149 SUPPlIES-VARIOUS US OFfICE PROD 019100 9/8/00 $1,589.28 52150 SUPPlIES-STREET TRAffiC SAFElY 019220 9/8/00 $390.00 52151 SERVICES-VARIOUS UNITED DISPOSAL 020020 9/8/00 $2,608.55 52152 SERVICES-VARIOUS US WEST OOMM 020095 9/8/00 $813.79 52153 suPPl.1E5-RSVP VN.lEY CASTING 021033 9/8/00 $300.00 52154 SUPPUES-PARJ<S WATER METRICS 00 022070 9/8/00 $261.35 52155 SERVICES-POLICE WBN CARCRAFT 022508 9/8/00 $232.00 52156 SUPPlIES-WWTP weN INDEPENDENT 022630 9/8/00 $42.00 52157 suPPL.IES-WWTP YES GRAPHICS 024025 9/8/00 $181.00 52158 SERVICES-PARKS CAREER TRACK NONE 9/8/00 $129.00 52159 PET1Y CASH-VARlOUS aTY OF WOODBURN 015255 9/8/00 $136.90 52160 SERVICES-PARKS ORPA 014431 9/12/00 $220.00 52161 SERVICES-WATER VAJ.JE{ MAlUNG 021044 9/14/00 $378.80 52162 PETTY CASH-VARIOUS aTY OF WOODBURN 0152S5 9/14/00 $138.10 52163 VOID VOID VOID $0.00 52164 VOID VOID VOID $0.00 52165 VOID VOID VOID $0.00 52166 RERJNQ-PARKS AMBER SEARO NONE 9/15100 $156.50 52167 SlJPPl.lE,S.rotCE . VERBAL JUDO INSt ' NONE 9/15/00' $83.95 52168 REAJND-WTR/SWR ROBERTO VALENZUELA NONE 9/15100 $52.42 52169 RERJND-WTRISWR CENTEX HOMES NONE 9/15/00 $26.58 52170 RERJNO-WTR/SWR L.UOA PENA NONE 9/15/00 $27.65 52171 SERVICES-PARKS OAKS PARK NONE 9/15/00 $32.50 521n RERJND-BUILOING QiARLES E SANDERS NONE 9/15/00 $180.00 52173 suPPLIES-LIBRARY MAX DAVIS w: NONE 9/15/00 $18.95 52174 SERVICES-<DURT EAai: CREST INN NONE 9/15/00 $189.20 52175 SERVICES-MUS8JM OR MUSEUMS fISiIJC NONE 9/15/00 $40.00 52176 REFUND-POUCE lAMES GILL NONE 9/15/00 $l:J.OO 52177 RERJND-POUCE ALEJANDRA GAROA NONE 9/15/00 $21.00 52178 SERVICES-POl1CE OPOA NONE 9/15/00 $200.00 52179 SERVICES-PLANHING lANE COUNCIL OF GOVT NONE 9/15/00 $165.00 52180 RERJND-POUCE PIOTR BURI..AOtENKO NONE 9/15/00 $150.00 52181 SlJPPl,1ES-U8RAY HOJA CASA EDITORIAl.. NONE 9/15/00 $233.25 52182 SUPPLIESENG NiE. IMAGING 000017 9/15/00 $247."16 52183 SERVIc:es.wwrP ABLE CRANE 000035 9/15/00 $265.00 Page 2 - AlP OlEO< UST1NG FOR ll-lE MONTH Of SEPTEMBER 2000 8E 52184 SERVICES-ENG AEROTEK INC 000080 9/15/00 $260.00 52185 SUPPllES-WWTP PIONEER AMERICA 000136 9/15/00 $640.00 52186 SERVICES-VARIOUS AROi PAGING 000535 9/15/00 $67.84 52187 SERVICES-VARIOUS AT&T 000623 9/15/00 $20.61 52188 SERVICES-POUCE ATaT LANGUAGE UNE 000659 9/15/00 $174.36 52189 SERVICES-POUCE 8M Q.EANING SERV 001030 9/15/00 $200.00 52190 SUPPUES-WATER BATTERIES PlUS 001161 9/15/00 $23.21 52191 SERVICES-ATTY BERRY & ELSNER 001230 9/15/00 $1,322.80 52192 SUPPllES-UBRARY BOOK WHOLESALERS 001350 9/15/00 $13.32 52193 SUPPUES-PAAKS BSN SPORTS 001578 9/15/00 $581.39 52194 SERVICES-UBRARY BUSINESS CDMM 001625 9/15/00 $108.80 52195 SERVICES-LIBRARY BUSINESS EQUIPMENT 001628 9/15/00 $253.00 52196 SERVlCES-ENG CASE AUTOMOTIVE 002190 9/15/00 $12.15 52197 SERVlCES-UBRARY OEM COMM cou.. 002410 9/15/00 $370.80 52198 SERVICES-POLlCE CRYSTAL SPRINGS WTR 002919 9/15/00 $71.00 52199 SERVICES-LIBRARY OJLTURGRAMS 002930 9/15/00 $92.14 52200 SERVlCES-fINANCE DAILY JOURNAL 003020 9/15/00 $112.13 52201 suPPt.JE5-lI8RARY EQUIfAX OTY DIR 004250 9/15/00 $202.50 52202 SUPPUES-PARKS FAMlUAN NW 005030 9/15100 $630.01 52203 SUPPUES-WWTP FISHER IMPLEMENT 005145 9/15/00 $570.00 S2204 SERVICES-FlNANCE R..OMER RJRNITURE 005180 9/15/00 $1,022.00 52205 $UPPUES-Ll8RARY THE fRUGAL BOOKMEN 005368 8/15/00 $315.47 52206 SUPPllES-UBRARY GALE GROUP 006015 9/15/00 $524.99 52207 suPPt.JE5-lI8RARY GREY HOUSE PUB 006325 9/15/00 $175.00 52208 SUPPLIES-UBRARY GROVES DIcnONARIES 006368 9/15/00 $375.00 52209 REIMBURSE-wwTP STEWART HAR11.EY 007095 9/15/00 $43.00 52210 SERVICES-PARI<S HERSHBERGER MTRS 007150 9/15/00 $85.00 52211 suPPt.JE5-lI8RARY HERZINGERacx> 007170 9/15/00 $373.15 52212 SERVlCES-smEET HIRE OOJ.ING 007240 9/15/00 $513.02 52213 SlJPPl,IES-UBRAY INfO USA MARKETING 008110 9/15/00 $475.00 52214 SlJPPl,lES-l18Ry INGRAM OIST 008116 9/15/00 $236.06 52215 SERVlCES-fINANCE IKON TEOi $fRV 008117 9/15/00 $300.00 52216 suPPlJES-'WNTP IKON OffICE . '. 008119 ; 9}.15/OO $40.23 , 52217 SERVICES-WATER 11MO KORI<EAKOSKI 010298 9/15/00 $3,878.52 52218 SERVICfS-WWTP RANDALl LANGBEHN 011029 9/15/00 $150.00 52219 SERVICES-PARKS LBSINGER DESIGNS 011202 9/15/00 $12,045.00 52220 SERVlCES-WATER UNDS MARKET 011240 9/15/00 $30.00 52221 suPPt.JE5-lI8RARy UBRARY AS&JC 011244 9/15100 $497.70 52222 SERVICES-STREET MARIQN CTY TREASURy 012223 9/15/00 $2,671.58 52223 SERVICES-WWTP MCX1JW)UGH ROOFING 012352 9/15/00 $520.00 52224 REIMBURSE-POUCE JOHN MIKKOlA 012485 9/15/00 $48.73 S2225 SERVlCES-HOUSING MIRAC1.E TOUOt PAINT 012SU 9/15/00 $7,314.00 52226 SERVlCES-WWTP MOlALl.A CX>MM 012S63 9/15/00 $84.95 52227 SUPPLIES-PARKS MOORE MEDICAL a>RP 012588 9/15/00 $159.03 S2228 suPPl1ES-l18RARY MORNINGSTAR 012609 9/15/00 $495.00 S2229 SERVICES-PARKS HAT REC a PARK 013090 9/15/00 $90.00 52230 SERVla:s-FINANCf NEW HORIZON CX>MPUTER 013165 9/15/00 $1,195.00 52231 SERVlCES-POUCE NQROOM 013198 9/15/00 $21,463.75 S2232 SERVlCES-ENG ONSITE ENVIRON 014055 9/15/00 $840.85 Page 3 tr AlP OlEO< USTING FOR THE MONTH OF SEPTEMBER 2000 8E 52233 SERVICES-WWTP OR ANALYTICAL lAB 014107 9/15/00 $211.00 S2234 SERVICES-UBRARY OR STATE UBRARY 014560 9/15/00 $70.00 52235 SUPPlIES-WATER US RLTER 015065 9/15/00 $1,646.60 52236 SUPPLIES-POUa: PHYSlaANS DESK 015275 9/15/00 $131.90 52237 SERVICES-POLIa: PIONEER GLASS 015330 9/15/00 $145.00 52238 SUPPUES-LIBAARY POOL & ~ 015371 9/15/00 $186.75 52239 SERVICES-VARIOUS PORT GENERAL B.EC 015420 9/15/00 $10,222.55 52240 SUPPllES-WATER PUB WORKS SUPPLY 015648 9/15/00 $43.60 52241 suPPl..IES-l18RARY REOORDED BOOKS 017102 9/15/00 $180.00 52242 SUPPlIES-WWTP RED WING SHOES 017138 9/15/00 $333.50 52243 SUPPlJES-LlBRARY REf(X) USA 017146 9/15/00 $13.22 52244 SUPPlIES-STREET RIOOHOIRECf.OOM 017202 9/15/00 $92.11 52245 SUPPl.IES-PARKS s&s WORLDWIDE 018017 9/15/00 $902.10 52246 SUPPLlES-LIBAARY SENTlMENTALPROO 018393 9/15/00 $79.95 52247 SUPPUES-WWTP SETON 01&400 9/15/00 $456.90 52248 SERVICES-UBRARY SIERRA SPRINGS 018460 9/15/00 $52.00 52249 SUPPlIES-POUa: SMITH & WESSON CAM 018580 9/15/00 $900.00 52250 SUPPLIES-UBRARY SUNSET BOOKS 018817 9/15/00 $29.91 52251 SERVICES-ADMIN ~,SHANK, WAf' 01SSn 9/15/00 $817.40 52252 SERVICES-ENG TEl< SYSTEMS 019046 9/15/00 $920.00 52253 SUPPLlES-VARIOUS US OFFICE PROD 019100 9/15/00 $853.46 S2254 SUPPUES-UBRARY UNlVERSlTY OF OREGON 020040 9/15/00 $65.00 52255 SERVICES-VARIOUS US WEST OOMM 020091 9/15/00 $216.94 S2256 SUPPllES-LIBAARY USNEST DIRECT 020092 9/15/00 $231.30 522S7 SERVICES-VARIOUS US WEST roMM 020095 9/15/00 $3,509.98 52258 SUPPUES-PARKS VIESKO QUAUTY (X)N 021140 9/15/00 $14,993.30 52259 5lJPPljES-l1BRAY VICTOR KAMKIN BOOKS 021175 9/15/00 $144.00 52260 suPPl..IES-l18RARY VISIONS 021203 9/15/00 $306.19 52261 SUPPLIESUBRARY WAL.ICERS MANUAL 022025 9/15/00 $91.50 S2262 SUPPllES-LIBAARY wALMART STORES 022035 9/15/00 $258.97 S2263 SUPPLlES-llBRARY waN R.ORIST 022600 9/15/00 $40.00 52264 SERVICES-TRANSIT weN INDEPENDENT 022630 9/15/00 $85.28 52265 SlJPPl1ES-ADMIN WaN TOGE1liER '"' .022750 9/15/00" ". $400.00 , 52266 SUPPllES-LIBAARY WORLD MEDIA EXPRESS 022815 9/15/00 $398.39 52261 stJPPllES-NON OEPT TIE VISIT GROUP NONE 9/18/00 $500.00 52268 SERVICES-WATER VAllEY MAIUNG 021044 9121/00 $399.20 52269 VOID VOID VOID $0.00 52270 VOID VOID VOID $0.00 52271 VOID VOID VOID $0.00 522n SUPPllES-PARI<S BASHbRs TEAM NONE 9/22/00 $138.00 52273 VOID VOID VOID $0.00 52274 VOID VOID VOID $0.00 52275 REAJNtrWTR/9NR JOHN L scarr NONE 9/22/00 $41.07 52276 RERJNO-WTRfSWR 0iANDlER & NEWVlLLE NONE 9/22/00 $7.45 522n RERJND-BUILDING ATlAS TRAO< TENNIS NONE 9/22/00 $319.27 52278 RERJND-BU1lD PETERSON KOlBERG NONE 9/WOO $348.15 52279 SERVlCES-POLICE HOlIDAY INN NONE 9/'12100 $372.36 S2280 SUPPLIES-POUCE IN:P NONE 9/22/00 $64.75 52281 SERVlCES-POLICE ACTS OREGON NONE 9fDJOO $160.00 Page 4 ,. 11' NP QiEO( USTING FOR lHE MONTH OF SEPTEMBER 2000 8E 52282 SERVICfS-PARKS A88YS PIZZA 000027 9/22/00 $15.50 S2283 SERVICES-ENG AEROTEK INC 000080 9(22/00 $160.00 522&4 SERVIc:es-rouCE Al.PHA PEST CONTROl 000165 9/22/00 $129.00 5228S SERVICES-WATER AMTEST OREGON 000400 9/22/00 $351.50 52286 SERVICES-WATER AROi PAGING 000535 9/22/00 $35.85 52287 SERVICES-POUCE AT&T 000623 9/22/00 $14.54 52288 REIMBURSE-UBAARY JUDY BRUNKAL 001576 9/22J00 $28.46 52289 SUPPlIES-STREET EH BURRBl. 00 001615 9/22/00 $18.00 52290 SUPPlIES-STREET a.YOE WEST 002588 9/22/00 $1,700.00 52291 SUPPllES- TRANS/OAR en CX>RP 002926 9/22/00 $1,320.00 52292 SERVICfS-PARKS DAILY JOURNAL 003020 9/22/00 $156.00 52293 SERVICES-WATER r<::s GROUP INC ooson 9/22/00 $4,032.50 52294 SERVICES-PARKS FORD MOTOR CREDIT 005248 9/22/00 $146.22 52295 SERVICES-LlBRARY GEN ElEC11UC CAPITAL 006079 9/22/00 $167.63 52296 SERVICES-ADMIN HENEBERRY EDDY AROi 007140 9/22/00 $393.55 52297 SERVICES-STREET HIRE CAUlNG OOn4O 9/22/00 $414.13 52298 SERVICES-POUCE 105 CAPITAL 008118 9/22/00 $519.13 S2299 REIMBURSE-POllCE SANTIAGO KENT 010058 9(22/00 $150.00 52300 SERVICES-WATER TIMO KORKEAKOSKI 010298 9/22/00 $8,459.20 52301 SUPPLIES-POUCE LEAGUE Of OR aTIES 011110 9/22/00 $1,305.00 52302 SERVICES-BUIlD MARION CTY Bl.DG INSPEC 012090 9/22/00 $3,060.00 52303 SERVICES-VARIOUS MARION CTY TREA.9JRY 012223 9/22/00 $121.51 52304 SUPPLIES-VARIOUS METROFUBlNG 012448 9(22/00 $2,201.32 52305 SERVICfS-PARKS HAT REC &. PARK ~ 013090 9(22/00 $400.00 52306 SUPPlIES-STREET NORTIiSIDE FORD 013225 9/22/00 $300.94 52307 SUPPLIES-STREET 1 DAY SIGNS 014003 9/22/00 $156.00 52308 SERVlCES-POUCE OPO 014008 9/22/00 $80.00 52309 SERVICES-ENG ONSITE ENVIRON 014055 9f121OO $1,405.60 52310 SERVICES-ATTY OREGONIAN PUBl.I9i 014653 9(22/00 $1,.ws.8S 52311 SUPPUES-WATER US FIlTER 015065 9/22/00 $216.00 52312 SlJPPl,1ES-WATER PlATT 8..EC1lUC 015340 9/12/00 $83.10 52313 SUPPLIES-POUCE ~ PROMOTIONS 01S464 9(22/00 $171.68 52314 SUPPlIES-WATER PRIER PIPE. 015515 9/22/00 $421.~ ; 52315 SUPPUES-WWTP PROCTOR SALES 015553 9/22/00 $624.00 52316 SERVICES-WATER PROTECTlON ONE 015566 9/12/00 $63.00 52317 SERVlCES-WATER RADIX CORP 017035 9(12/00 $256.74 52318 SUPPtIES-ll8RARY REGENT BOOK ro 017148 9{22/00 $13.22 52319 REIMBURSE-MUSEUM FRANK SOEER 018297 9(J:2/00 $16.88 52320 SERVICES-PLANNING SHAPJRO &. NBX 018425 9{l2/00 $16,500.00 52321 SUPPLIES-ATTY SHEPARDS 018430 9{22/00 $681.42 52322 SERVlCES-STREET SPNU<Ya.ecnuC 018681 9/22100 $995.00 S2323 SERVICES-ENG TEl< SYSTEMS 019046 9/22/00 $1,656.00 52324 LEASE PAY-WATER WES &. ZINAIDA TORAN 019183 9(}2/00 $1,400.00 52325 SUPPUES-STREET UNOCAL ERNIE GRAHAM 020010 9/22/00 $706.24 52326 SERVICES-PUB WKS UNION PAOFIC 020015 9/22J00 $3,000.00 52327 SERVlCES-RSVP US POSTAL SERV 020090 9/22100 $210.00 52328 SERVICES-POUCE VERIZON WIRELESS 021U4 9(22/00 $2.55 52329 SUPPLIES-Al1Y WEST GROUP 022160 9/22100 $877 .2S S2330 REIMBURSE-PARKS RANDALl WESTRIO< 022260 9/22/00 $77.00 Page 5 11' NP QiEO( USTING FOR THE MONTH OF SEPTEMBER 2000 8E 52331 SERVICES-WATER VNJ..E.Y MAIUNG 021044 9/28/00 $415.60 52332 VOID VOID VOID $0.00 52333 VOID VOID VOID $0.00 52334 VOID VOID VOID $0.00 5m5 SERVlCES-PARKS RAFAEL PElAEZ NONE 9/29/00 $22.00 52336 SERVlCES-PARKS KErTH EHRENS NONE 9/29/00 $12.00 52337 SERVICES-PARKS KYlE HENDERSON NONE 9/29/00 $52.00 52338 SERVICES-PARKS RICKY OWX>N NONE 9/29/00 $108.00 52339 SERVICES-PARKS JOEL LEON NONE 9/29/00 $100.00 52340 SERVICES-PARKS OIRIS SQtROEOER NONE 9/29/00 $108.00 52341 SERVICES-PARKS FAANOSCO IBANEZ NONE 9/29/00 $66.00 52342 SERVICES-PARKS ISIDRO MEJIA NONE 9/29/00 $108.00 52343 SERVICES-PARKS OSCAR LOPEZ NONE 9/29/00 $102.00 52344 SERVICES-PARKS JAVIAA A YPJ.A. NONE 9/19/00 $78.00 52345 SERVlCES-PARKS JOSH TIffi.f NONE 9/29/00 $104.00 52346 SERVICES-PARKS ISRAEL TORRALBA NONE 9/29/00 $52.00 52347 SERVlCES-PARKS SARAH LOPEZ NONE 9/29/00 $32.00 52348 SERVlCES-PARKS MARIO TAVERA NONE 9129/00 $74.00 52349 SERVICES-PARKS MEUSSA TI111.E NONE 9/29/00 $30.00 52350 REFUND-PARKS MIREUA SANOCJVPJ.. NONE 9/29/00 $425.00 S2351 SUPPL1ES-PARKS 8ASHORS TEAM NONE 9/29/00 $138.00 52352 SERVlCfS-llBRARY JOYCE B HUNSAKER NONE 9/29/00 $200.00 52353 RERJND-WTRISWR lltE UJO<EY CO NONE 9/29/00 $44.07 52354 RERJND-WTRISWR BEVERLY HENTHORN NONE 9/29/00 $43.96 52355 REAJND-WTR/SWR A$OCIATES HOUSING NONE 9/29/00 $1.86 52356 REFUND-WTR/SWR RAY PINE NONE 9/29/00 $30.19 S2357 REFUNDWTRlSWR SANDSTRUM HOMES NONE 9/29/00 $35.85 S23S8 SUPPUES-WWTP 11iOMAS REGISTER NONE 9/29/00 $138.80 S2359 SERVICES-PARKS RESORT AT MOUNTAIN NONE 9/29/00 $]49.80 S2360 REFUND-PARKS NANCY MELENDEZ NONE 9/29/00 $56.00 52361 SERVlCES-WWTP PIC. PM POU.UTION NONE 9/29/00 $340.00 52362 SERVlCES-WWTP OOUER D ALENE RESORT NONE 9/29/00 $340.00 ~ S2363 . SERVICES-STREET ; - MANUel V/tWEZ NONE 9129100 $250.00 S2364 SERVlCES-PARKS AaA. PEST OONTROl 000011 '-. 9/29/00 $210.00 S2365 SERVlCES-PARKS N:I:. SEPTIC 000031 9/29/00 $708.50 52366 SERVICES-fNG AEROTEK INC 000080 9/29/00 $180.00 52367 SUPPlJES-STREET /JG WEST SUPPlY 000096 9/29/00 $9.75 S2368 suPPLIES-WWTP PIONEER AMERICA 000136 9/29/00 $640.00 52369 SUPPlIES-TRANS A-I <XXJPlING 000409 9/29/00 $40.27 52370 SERVICES-POlICE ANIMAL MEDICAl.. Q.IN1C 000434 9/29/00 $42.80 52371 SERVlCES-VARIOUS AJWIfMJ< UNIFORM 000534 9/29/00 $1,199.04 523n SERVICES-fOllCE AUTO AOOmONS 000558 9/29/00 $3,653.23 52373 suPPLIES-PARKS AWAftt'JS &. AlK.ETICS 000580 9/29100 $90.00 52374 SERVICES-VARIOUS ATaT 000623 9/29/00 $29.82 52375 SERVlCES-PARKS METROC'ALl 000655 9/29/00 $14.03 52376 SUPPL1ES.eNG AVMlA 000665 9/29/00 $335.00 52377 SUPPlJESoPARKS HOUSEHOLD BANK 001199 9/29/00 $362.38 52378 SUPPLIES-STREET BBH<O-MATIC 001200 9/29/00 $405.00 52379 SUPPlIes-VARIOUS B1MART CORP 001275 9/29/00 $119.32 Page 6 ... AlP QiECK usnNG FOR TIiE MONTH Of SEPTEMBER 2000 8E S2380 SERVICES-TRANS Blo-MED TESTING 001280 9/29/00 $43.50 52381 suppuES-POUCE BlUMENTlW- UNIfORM 001310 9/29/00 $2)5.01 52382 SERVICES-WWTP BROWN & CALDWEll- 001573 9/29/00 $48,384.23 S2383 SUPPlIES-STREET CANBY SAND 002060 9/29/00 $299.60 52384 SERVICES-POUCE CASE AUTOMOTIVE 002190 9/29/00 $1)lO8.74 52385 SUPPlIES-PARKS ~ roLUMBIA 002218 9/29/00 $730.00 52386 SERVICES-WWTP ot2M HILL 002478 9/29/00 $12,224.88 52387 RETAINAGE-WWTP OTY OF WOQOBURN 002525 9/29/00 $45,313.61 52388 SERVICES-WWTP aAO< COMM COllEGE 002550 9/29/00 $350.50 S2389 SUPPlIES-VARIOUS COASTAL FARM 002625 9/29/00 $1,025.29 52390 SERVICES-<DURT MARGOT COMlEY 002686 9/29/00 $225.00 52391 SERVICES--WWTP OORP INC 002879 9/29/00 $80,442.94 S2392 SERVICES--VARIOUS CRANE & MERSE1li 002896 9/29/00 $5#435.27 52393 SERVICES-TRANS CfM 002923 9/29/00 $160.00 52394 SERVICES-STREET OJRTS CARSTAR 002965 9/29/00 $~SOO.OO 52395 SERVICES-POUCE DANIElS PHOTO 003034 9/29/00 $170.00 52396 RElMBURSE-wwTP MARVIN DANIElS 003035 9/29/00 $116.51 52397 SUPPlIES-VARIOUS DAVISON AUTO 003080 9/29/00 $358.70 52398 SUPPlIes-rouCE DAVISON AUTO 003081 9/29/00 $1.96 S2399 SERVICfS-PARKS EAGLE WEB PRESS 004018 9129/00 $1,117.46 52400 SUPPUES-PARI<S EMERAlD POOL 004150 9/29/00 $139.00 52401 SERVICES-VARIOUS ESQiEl.ON TB.f(DM 004264 9129/00 $796.60 52402 SERVICES-ENG FALCON ASSOCIATES 005017 9/2.9/00 $45.00 52403 SUPPlIES-WWTP FAMIlIAN NW 005030 9/29/00 $169.33 52404 SERVICES--VARIOUS FARM PlAN 005062 9/29/00 $~510.1S 52405 SUPPUES-PARKS FlGAROS PIZZA 005092 9/29/00 $50.00 52..06 SERVlCES-WWTP JAMES w FOWLER ro 005215 9/29/00 $860#958.63 52407 SERVICES-POUCE FOTO MAGIC 005258 9129/00 $87.96 52408 SUPPUES-PARKS GRAND SLAM 006273 9/29/00 $5.00 52409 SUPPUES-PARKS L.ESUE GREEAR 006298 9129/00 $281.31 52410 SUPPlJES-VARIOUS GW HARDWARE 00&105 9/29/00 $1,548.66 52411 SUPPLIES-PARKS tW..1ON 00 007046 9/29/00 $6,448.62 ,.. 524'12 SERVIc.eS-PARKS :. .007228 . .. HIU.YERS MID.OTY ' 9/29/00 $37.47 52413 SERVICES-STREET HIRE CALllNG 007240 9129/00 t: $568.&1 . 52414 SUPPLIES-WATER HOME DEPOT 007280 9/29/00 $390.61 52415 SERVICE5-WWTP ED HOOLEY 007301 9/29/00 $320.00 52416 SUPPlIES-STREET INDUSTRIAL WEW 008100 9/29/00 $44.45 52417 SERVICES-VARIOUS IKON OFfICE 008119 9/29100 $180.74 52418 suPPLlES-C ~ IN'l'ERSTATE AUTO PTS 008295 9/29/00 $29.63 52419 SUPPLlES-VARlOUS l&L 8\JD..D1NG 011010 9129/00 $813.07 52420 SERVlCES-WWTP RANOAU. LANGBEHN 011029 9/29/00 $174.50 52421 5lJPPl,IES.fOl1CE lEAGUE OF OR O11ES 011110 9/29/00 $30.40 52422 SERVICES-WWTP UNN BENTON roMM cou. 011280 9/29/00 $957.95 52423 SERVICES-<DURT MSl GROUP 012015 9/29/00 $125.00 52424 SERVICES-PARKS MARION CTY ENV HEALlH 012125 9129/00 $135.00 52425 RElMBURSE-POllCE NITA MAAR 012232 9/29/00 $400.00 52426 SUPPlIES-TRANS MEmOFUBlNG 012448 9/29/00 $795.17 52427 SlJPPl,JES-VNUOUS MR P'S AUTO PIS 012510 9/29/00 $319.29 52428 SERVICES-WATER MORSE BROS JNC 012611 9/29/00 $76,+10.99 Page 7 ,. t AlP OlEO< US11NG FOR THE MONTH OF SEPTEMBER 2000 8E 52429 SERVICES-HOUSING NAGl FlOOR COVER 013004 9/29/00 $4,331.00 52430 REIMBURSE-BUllDING DAN NELSON 013151 9/29/00 $28.99 52431 SERVICES-VARIOUS NEXTB.. OOMM 013188 9/29/00 $1,363.09 52432 SERVICfS-WWTP NOR1li CREEK ANAL 013216 9/29/00 $130.00 52433 SUPPLIES-WWTP NORlliSTAR OiEMICAl 013235 9/29/00 $3,644.25 52434 SERVICES-PARKS NW ELEVATOR 013275 9/29/00 $900.00 52435 SERVICES-VARIOUS NW NATURAl GAS 013350 9/29/00 $1,652.n 52436 SERVICES-VARIOUS ONE CAll. CONCEPTS 014054 9/29/00 $208.80 52437 SERVICES-ENG PAClFlC OFFICE AlITO 015042 9/29/00 $310.00 52438 SUPPUES-PARKS PEPSI CX)l.A 015225 9/29/00 $519.10 52439 SUPPlIES-W\NTP PRAXAIR DIST 015480 9/29/00 $14.84 52440 SUPPLIES-PARKS PROMOTIONS WEST" 015563 9/29/00 $310.34 52441 SERVICES-VARIOUS RIGHT ~ DIGITAL 017207 9/29/00 $5-1538.75 52442 SUPPllES-PARKS ROSE PAPER PROD 017316 9/29/00 $74.50 52443 SUPPlIES-VARIOUS ROTHS lGA 017340 9/29/00 $114.55 52444 SUPPlIES-WATER SALEM BLAO<TOP 018060 9/29/00 $259.26 52445 SUPPUES-PARKS FRANK SQIEER 018297 9/29/00 $87.49 52446 SUPPLIES-VARIOUS LES SOiWAB TIRE 018300 9/29/00 $585.39 52447 RBMBURSE-PARKS BRIAN SX)THUN 018456 9/29/00 $209.00 S2448 SUPPUES-WWTP SIERRA SPRINGS 018460 9/29/00 $203.00 52449 SERVICES-PARKS SONITROL 018605 9/29/00 $50.00 52450 SUPPlIES-PARKS 50S LOCK SER 018608 9[29/00 $340.00 52451 SERVIas-PARKS ST VINCENT DE PAUL 018no 9/29/00 $988.31 52452 SERVICES-UBRARY 3M CORP 019002 9/29/00 $850.45 52453 SERVICES-PUB WKS 301 U.C 019004 9/29/00 $4,501.00 52454 SERVICES-PLAN US OFFICE PRODUCTS 019100 9/29/00 $150.00 52455 SUPPLIES-WATER TRUSS T STRUCTURES 019260 9/29/00 $50.00 52456 SUPPLIES-VARIOUS lJN()CAl.. ERNIE GRAHAM 020010 9/29/00 $1,399.02 52457 SERVICES-PARKS UNITED DISPOSAL 020020 9/29/00 $312.35 52458 SERVICES-PU8 WKS URBAN FORESTRy 020044 9/29/00 $418.75 52459 SERVICES-VARIOUS US WEST OOMM 020091 9/29/00 $232.55 S2460 SERVICES-fINANCE US WEST OOMM 020095 9/29/00 $216.00 52461 SERVICfS-VARIOUS VERIZON WIRB..ESS 021124 9/29/00 $1,009.16, .- 52462 SUPPlIES-VARIOUS WAU.ING SAND 022029 9/29/00' $3,642.52 52463 SUPPLIES-POUCE WALMART STORES 022035 9/29/00 $58.38 52464 SUPPLleHNG WEST GROUP 022160 9129/00 $176.30 52465 SUPPLIES- TRANS WESTERN BUS 022175 9/29/00 $69.67 S2466 SERVlCES-PARKS WOLFERS HEATING 022460 9/29/00 $390.81 52467 SUPPLIES-PARKS WBN FER11LlZER 022S90 9/29/00 $1,2<40.00 52468 SERVI~CE W8N R..ORlST 022600 9/29/00 $23.00 S2469 SUPPUES-PMKS WBN'RENT AU.. 022708 9/29/00 $1,849.00 52470 SUPPLIES-POUCE YES GRAPHICS 024025 9/29/00 $120.00 52471 REIMBURSE-DAR OOROTHA BORlAND 045100 9/29/00 $58.28 52472 RElMBURSE-DAR JANICE DAVIS 045200 9/29/00 $15.81 52473 REIMBURSE-OAR CORN6.lUS DONNB.LY 045230 9/29/00 $130.20 52474 REIMBURSE-DAR LEONARD GIAUQUE 045290 9129/00 $170.19 52475 REIMBURSE-DAR AGNES HAGENAUER 045310 9/29/00 $n.23 52476 REIMBURSE-DAR FRED HAYES 045315 9/29/00 $335.42 524n REIMBURSE-DAR BEUlAH JORDAN 045320 9/29/00 $139.81 Page 8 r ~ 'Iff 52478 52479 52480 52481 52482 AlP a-tEO< USTING FOR THE MONTH OF SEPTEMBER 2000 REIMBURSE-WTR/OAR REIMBURSE-DAR REIMBURSE-DAR RBMBURSE-DAR PETTY CASH-VARIOUS JOAN PREZEAU GERTRUDE REES LOLA SPERATOS STEVE STURN CITY OF WOODBURN Page 9 045S2S 045545 045560 045585 015255 9/29/00 9/29/00 9/29/00 9/29/00 9/29/00 8E $569.34 $61.07 $12.40 $73.16 $106.19 $1,449,155.90 t SF October 23, 2000 TO: FROM: SUBJECT: Honorable Mayor and Oty Council .~ John C. Brown, CIty Admlnlstrato~ Addendum to CIty Administrator's Employment Agreement Recommendation: It is recommended the City Council approve the attached addendum to the City Administrator's employment agreement. Background: On October 9, 2000 the Oty Council conducted my perfonnance evaluation. Based on a finding of above-satisfactory perfonnance, the Council approved a salary increase, effective October 1, 2000, pursuant to Section 12 (c) of the Administrator's employment agreement. Discussion: Attached is an addendum to the City Administrator's employment agreement, which reflects the adjustment to base pay approved by the Council on October 9, 2000. The attached addendum updates the language of the employment agreement for consistency with actions taken by the Oty Council during the past two years, and is respectfully submitted for your approval. ]CB IT lOA MEMO Date: Mayor and Council Ben Gillespie, Finance Director ft.~~..Jti? John Brown, City AdministratoJ~'- October 17, 2000 To: From: Subject: Alley LID Final Assessment Recommendation: That the Council receive input from benefitted property owners and direct staff to bring an ordinance setting the final assessment for the Alley LID. Back2round: Oregon law allows the formation oflocal improvement districts to construct and finance improvements that benefit specific geographic areas. This is a mechanism that is used to build infrastructure that does not benefit the City as a whole, and is beyond the City's ability to pay. The City administers construction of the project. When construction is complete the final assessment is set. Owners of individual properties benefitted by the project may payoff their portion of the cost within thirty days or they may elect to pay their portion over time, in this case ten years. Sometimes bonds are issued to finance the project, and receipts from the assessments against the property are used to pay off the bonds. In this instance financing is internal. The decision not to sell bonds was made for two reasons. One'Was the"Sma11 size of the project and the other was the effects of Measure 50. At the time this district was fonned Measure 50 was being implemented, and it was unclear if local jurisdictions could legally sell LID bonds. Since then it has become evident that LID bonds are allowed, but they are now more costly to the issuer (higher interest rates), because of Measure 50 restrictions. The portion of the project cost appr0ved by the Council for assessment against the benefitted properties was $54,599.75. Assessments not paid at the end of the 30 day period will be paid in twenty equal semi-annual installments. The interest rate applied to the principal balance is 6.180%. The semi-annual assessments for all properties will total $3,700.57 based on the annuity method of calculating payments. Total annual costs assessed to all properties will be $7,401.14. A schedule of assessments by individual property is attached. A property owner who chooses to pay over ten years will pay 36% more than ifhe/she paid the assessment off within the thirty day period. I~ '1fT lOA Financial Implications: City funds were used to construct the project. Those funds will be repaid from the assessments. The interest rate on the assessments is equal to what bonds could have been issued for plus one half of one percent to cover administrative costs. At the end of the ten year period, the City's finances will be unaffected by the project. IT Tax Lot 92010-000 92010-010 92010-020 92010-030 92010-040 92010-050 92010-060 92010-070 92010-080 92010-090 92010-100 92010-110 92010-120 92010-150 92010-152 92010-160 92880-000 92880-010 92880-020 92880-030 92880-040 92880-050 92880-080 92880-100 CITY of WOODBURN ALLEY LID SEMI ANNUAL PAYMENTS by PROPERTY Owner Sauvain, Char1es Flomer, Thomas Eagle Newspaper, Inc. Coman, Edward Sauvain, Char1es Sauvain, Char1es Woodburn Lodge lOaF Engleman, Wm. Garcia, Fransisca Eaden, Vernon & Carol Hanson, Edward & Helen Quintero, Luis & Luisa Quintero, Luis & Luisa Sanchez, Maximino & Robelia Hague, Kenn Sanchez, Maximino & Robelia Lindenmuth, David & Jennifer City of Woodburn City of Woodburn Budunov, Dennis & Vasss Woodburn Elks Lodge Sawtelle, Craig Pena, Guadalupe Verbin, Konstantin & Maria TOTAL October 17, 2000 semi-annual Annual Total Payment Cost Cost 308.38 616.76 6,167.64 308.38 616.76 6,167.64 154.19 308.38 3,083.82 154.19 308.38 3,083.82 154.19 308.38 3,083.82 154.19 308.38 3,083.82 77.10 154.19 1,541.91 100.21 200.41 2,004.15 69.39 138.77 1,387.72 61.68 123.35 1,233.53 154.19 308.38 3,083.82 77.10 154.19 1,541.91 77.10 154.19 1,541.91 154.19 308.38 3,083.82 308.38 616.76 6,167.64 154.19 308.38 3,083.82 200.45 400.90 4,008.97 67.84 135.69 1,356.88 64.76 129.52 1,295.21 129.52 259.04 2,590.41 154.19 308.38 3,083.82 231.29 462.57 4,625.73 77.10 154.19 1.541.91 308.38 616.76 6 167.64 3,700.57 7,401.14 74,011.40 '. ,~ 'In" lOA If Paid in 30 Days 4,550.00 4,550.00 2,275.00 2,275.00 2,275.00 2,275.00 1,137.50 1,478.50 1,023.75 910.00 2,275.00 1.137.50 1.137.50 2,275.00 4,550.00 2.275.00 2,957.50 1.001.00 955.50 1,911.00 2,275.00 3,412.50 1.137.50 4 550.00 54.599.75 lOB MEMO Date: Mayor and Council Ben Gillespie, Finance Director t~.r~fA y}? John Brown, City AdministratOj J1~Jf'l October 18,2000 To: From: Subject: Parr Road LID Final Assessment Recommendation: That the Council receive input from benefitted property owners and direct staff to bring an ordinance setting the final assessment for the Parr Road LID_ Back~round: Oregon law allows the formation oflocal improvement districts to construct and finance improvements that benefit specific geographic areas. This is a mechanism that is used to build infrastructure that does not benefit the City as a whole, and is beyond the City's ability to pay. The City administers construction of the project. When construction is complete the final assessment is set. Owners of individual properties benefitted by the project may payoff their portion of the cost within thirty days or they may elect to pay their portion over time, in this case ten years. Sometimes bonds are issued to finance the project, and receipts from the assessments against the property are used to payoff the bonds. In this instance financing is internal. The decision not to . sell bonds was made for two reaSons. The main benefitted property owner, the school district, was willing to pay its entire share in advance. That reduced the amount to be financed to a level that made bonds economically less advantageous to the issuer. Also, at the time the district was formed Measure 50 was being implemented, and it was unclear if local jurisdictions could legally sell LID bonds. Since then it has become evident that LID bonds are allowed, but they are now more costly to the issuer (higher interest rates), because of Measure 50 restrictions. The portion of the project cost approved by the council for assessment against the benefitted properties is $442,647.46. The Woodburn School District has already paid its assessment ($277,042.91) on its property. Also, the assessment has been paid on parcels 5700 ($712.80) and 7000 ($633.60). Assessments not paid by the end of the thirty day period will be paid in twenty equal semi-annual installments. The interest rate applied to the principal balance is 6.180%. The semi-annual assessments for all properties will total $10,201.19, based on the annuity method of calculating ,. 1r lOB the payments. Total annual costs assessed to all properties will be $20,402.38. A schedule of assessments by individual property is attached. A property owner who chooses to pay over ten years will pay 36% more than ifhe/she paid the assessment within the thirty day period. Liens have been recorded with Marion County on the affected properties. Liens will be released on any properties that are paid off during in the thirty day period. Financial Implications: City funds were used to construct the project. Those funds will be repaid from the assessments. The interest rate on the assessments is equal to what bonds could have been issued for plus one half of one percent to cover administrative costs. At the end of the ten year period, the City's finances will be unaffected by the project. r Tax Lot Owner 102 Oetom General Partnership 103 Detom General Partnership 1100 Hope Lutheran Church 1300 Hope Lutheran Church 1400 Hill, Glenn & Virginia 2300 Gardner, Norma 2400 Marinez, Virginia 3300 Lopez, Rafael & Margarita 3400 Ybarra, Manuel & Pedro 5800 Bejarano, Alma 6900 Lopes, Damaso & Catalina 7100 Rios, Emilio & Hennilinda 7200 Vshivkoff, Luka & Anastasia 7300 Lopez, Yolanda 7400 City of Woodburn TOTAL CITY of WOODBURN PARR ROAD LID SEMI ANNUAL PAYMENTS by PROPERTY October 17, 2000 semi-annual Annual Total Payment Cost Cost 2,117.15 4,234.31 42,343.06 5,061.73 10,123.45 101,234.53 68.41 136.81 1,368.13 1,794.81 3,589.63 35,896.29 97.70 195.39 1,953.91 94.04 188.09 1,880.90 53.89 107.79 1,077.87 55.79 111.59 1,115.87 40.26 80.52 805.18 40.26 80.52 805.18 26.84 53.68 536.79 42.94 85.89 858.86 42.94 85.89 858.86 48.31 96.62 966.22 616.11 1,232.21 12,322.14 10,201.19 20,402.38 204,023.80 101 If Paid in 30 Days 31,237.39 74,682.90 1,009.30 26,481.47 1,441.44 1 ,387.58 795.17 823.20 594.00 594.00 396.00 633.60 633.60 712.80 9,090.31 150,512.76 , ~ ~ llA City of Woodburn Police Department STAFF REPORT 270 Montgomery Street Woodburn OR 97071 (503) 982-2345 Through: October 17, 2000 Paul Null, Chief of Police ~ Mayor and City Council John Brown, City Administrator.# Date: From: To: Subject: Marion County Multi-Agency Drug Enforcement Task Force ORS 190 Partnership Agreement Recommendation: The City Council authorizes the Chief of Police to enter into a Marion County Multi-Agency Drug Task Force Partnership Agreement as provided for under ORS 190. Marion County and its municipalities have a serious problem with drug related crimes and violence which impact neighborhood livability. The 2000 drug abuse trends in Oregon suggest that at least one in nine people are in need of treatment for drug or alcohol problems. This is up from one in sixteen people in 1995. (per Oregon Department of Human Services, May 2000) Due to the impact of the drugs in, through, and around Marion County, local, state, and federal law enforcement agencies in Marion County have come together and have agreed that a regional, multi-agency, multi-level response would be most effective and efficient in combating the drug problem. '" During these meetings, itwas decided to form a Regional Drug Enforcement Policy Boardior Marion County. The Policy Board is made up of chief administrators from each participating agency. District Attorney Dale Penn was elected Chair and Keizer Police Chief Marc Adams was elected Vice-Chair. The Policy Board developed a partnership agreement that articulates the mutual expectations for all Policy Board Members and definC(~ a management structure for a regional, multi-agency, drug task force for Marion County. This agreement is attached for council consideration. The Policy Board has formed a Marion County Area Gang and Narcotics Enforcement Team (MAGNET) which will formally become effective on November 15,2000. The reasons for above actions and the formation of a regional task force by Marion County law enforcement executives can be summarized as follows: · To destroy and dismantle drug trafficking organizations operating accross jurisdictional boundaries in Marion County · To enhance the impact of law enforcement efforts on community safety and r~ 1Jf livability ttA · To leverage multi-agency resources · To coordinate federal, state, and local counterdrug efforts on a regional basis · To overcome single agency enforcement restraints · To enhance officer safety and tactics · To share specialized agency and personnel resources, skills, talents, and expenence · To share specialized equipment and criminal intelligence Fully benefit from HIDT A (High Intensity Drug Trafficking Area) Program resources. If participation is approved by city council, the Woodburn Police Department will assign one full time police officer to the task force. ,. 'Iff IIA COUNCIL BILL NO. 2268 RESOLUTION NO. A RESOLUTION ENTERING INTO A PARTNERSmp AGREEMENT WITH OTHER LAW ENFORCEMENT AGENCIES IN MARION COUNTY; CREATING THE MARION COUNTY REGIONAL DRUG ENFORCEMENT TASK FORCE; AND AUTHORIZING THE CmEF OF POLICE TO SIGN SAID AGREEMENT. WHEREAS, Marion County and its municipalities have a serious problem of drug related crime and violence; and WHEREAS, the law enforcement agencies in Marion County wish to enter into an agreement which will secure to each party the benefits of mutual assistance in addressing the common problems and goals specifically related to enforcement of state and federal drug laws; and WHEREAS, said agreement will form the Marion County Area Gang and Narcotics Enforcement Team (MAGNEn to enhance community safety and livability by implementing a comprehensive community response strategy to drug related crimes and violence; and WHEREAS, ORS Chapter 190 authorizes governmental entities to enter into this governmental agreement for this purpose; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Chief of Police is authorized to sign the partnership agreement creating the Marion County Regional Drug Enforcement Task Force on behalf of the City of Wood bum. Section 2. That a copy of said agreement is affixed hereto as Attachment "A" and, by this reference; incorporated herein. . Approved as to form:<n~ ~ 10 - L~ - 2tQO 0 City Attorney Date Approved: " Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Page 1 - COUNCIL BILL NO. RESOLUTION NO. r~ "" ATTACHMENT A page..-L- of Jf) llA PartnershiD Aueement Marion County Area GanS!: and Narcotics Enforcement Task Force (MAGNET) This Interagency "Partnership Agreement" is between Law Enforcement Agencies in Marion County, Oregon pursuant to ORS 190. This Agreement is made for the purpose of securing to each party the benefits of mutual assistance in addressing common problems and goals specifically related to the enforcement of state and federal drug laws; and is made under the authority and in consideration of the provisions of ORS 190.003 to 190.110. 1. Problem Statement Marion County and its municipalities have a serious problem of drug related crime and violence. The 2000 drug abuse trends in Oregon suggest that at least one in nine people are in need of treatment for drug or alcohol problems. This is up from one in 16 people since 1995. Alcohol abuse has declined by 26 % over the same time period while illegal drug abuse has increased by 232% (per Oregon Department of Human Services May, 2(00). Drug abusers commit a significant number of major crimes, such as residential and commercial burglary, robbery, and assault. Drug abuse dramatically impacts the safety and livability of our neighborhoods. megal drug use and its consequences, including crime, permeate every corner of our society, afflicting inner cities, affluent suburbs, and rural communities. Seventy-three percent of drug users in America are employed. No single solution or entity can suffice to deal with the multifaceted challenge of drug abuse. To protect o~ c}ti~~,CPmp1~ties, ~d especially ?ur c~~~, the .1,~ Natio~al ~g Contrpl Strategy recommendS a cooperative partnership and holistic approaCh inv61ving all Individuals, organizations, and groups of our society in education, prevention, treatment, and enforcement activities to reduce both the demand for and supply of illegal drugs. Drug Trafficking Organizations are multi-jurisdictional with no respect for law enforcement jurisdictional boundaries. Cooperation between law enforcement agencies and the exchange of criminal information is essential to counter these organizations. Forming a Regional Gang and Narcotics Enforcement Task Force in Marion County enables individual law enforcement agencies to: . Enhance the impact of law enforcement efforts on community safety and livability, . Leverage short agency resources, . Coordinate federal, state, and local counterdrog efforts regionally, . Destroy and dismantle drug trafficking organizations operating in Marion County, . Overcome single agency enforcement constraints, Page 1 10/19/00 or ATTACHMENT A Page.dL- of ~ ttA . Enhance officer safety and tactics, . Share specialized agency and personnel resources, skills, talents, and experience, . Share specialized equipment and criminal intelligence, 2. Task Force Mission: The Mission of the Marion County Area Gang and Narcotics Enforcement Task Force (MAGNET) is to enhance community safety and livability by implementing a comprehensive community response strategy to the threat of dmg related crimes and violence. 3. Task Force Goals 3.1. To reduce the impact of illegal drugs on Marion County residents, communities, and neighborhoods by coordinating and leveraging all Marion County community and government resources. 3.2. To enhance coordination of counterdrug and crime reduction efforts in Marion County. 3.3. To measurably reduce drug trafficking by prosecuting, disrupting, and dismantling drug trafficking organizations and individuals that are involved in drug manufacture, transportation, and/or distribution in, and through, Marion County. 3.4. To enhance law enforcement coordination, training, and deconfliction for criminal enforcement, intelligence exchange, interdiction, and investigative activities. 3.5. To support and participate in drug problem solving, prevention, and intervention strategies. 3.6. To prosecute, inhibit, and interdict illegal money laundering activities by drug trafficking organi7.ations. ~ 3.7~ P To strategically respond tathe ilIUg threat to residents by coordinating; maximizing, and l"., . leveraging law enforcement counter drug resources in Marion County. 3.8. To increase the exchange of narcotics intelligence between the Oregon HIDTA Investigative Support Center, drug task folCes, and other law enforcement agencies. 3.9. To seize assets that are th~ proceeds from illegal drug distribution. 3.10. To leverage and coordinate offender custody and supervision resources in order to hold offenders accountable and promote public safety. Page 2 10/19/00 ,. 'If' ATTACH~ENT ) Page of:::JtJ::::::::. ItA 4. MAGNET Strategy Federal Law Enforcement Agencies (A TF, DEA, FBI, INS, IRS, USA, uses, etc.): To enforce the controlled substances laws and regulations of the United states and to bring to the criminal and civil justice system of the United States or any other competent jurisdiction, those organizations, and principal members of organizations, involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United States; and to recommend and support non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets. MidlUpper Level Drug Investigations and Enforcement: To measurably reduce drug trafficking by investigating, prosecuting, disrupting, and dismantling drug trafficking organizations and individuals that are involved in drug manufacture, transportation, and/or distribution in, and through, Marion County. Street Crimes Reduction: To enhance the livability and safety of Marion County streets and neighborhoods by: . Eliminating or displacing visible street level drug, prostitution, or other criminal activity . Enforcing all laws as they apply to visible street level drug, prostitution, or other criminal activity . Utilizing non-traditional law enforcement methods and resources in partnership with residents to assist them in maintaining the livability of their neighborhoods . Reporting suspect information to the Oregon Criminal Intelligence Unit . Coordinating drug activities with the MidlUpper level Task Force, and Federal Agencies as appropriate. :- _ ~$ Related Crimes: ~ ,... .. , '. To enhance the livability and safety of Marion County streets and neighborhoods by: . Eliminating or displacing visible street level gang activity . Enforcing all criminal and civil laws as they apply to illegal gang activity. . Utilizing non-traditional law enforcement methods and resources in partnership with residents to assist them in maintaining the ~vabi1ity of their neighborl100ds . Reporting suspect infonnation to the Oregon Criminal Intelligence Unit . Coordinating drug related activities with the Street Crimes Task Force, MidlUpper level Task Force, and Federal Agencies as appropriate. Page 3 10119/00 Il' ATTActtrENT- a Page of J IIA 5. Purpose The purpose of this Partnership Agreement is to memorialize the participating agencies agreement regarding operational and program requirements and partnership expectations. 6. Cooperation Each participating agency assumes an obligation of good faith cooperation to provide all reasonable assistance and resources to and with other participating agencies in implementing the purposes of this Partnership Agreement. Issues or problems that arise will be promptly brought to the attention of the MAGNET Policy Board or to the MAGNET Operations Committee. 7. Duration This Partnership Agreement will enter into full force and effect as to each participating agency upon the signature of that agency's chief executive, or designee, and will continue in effect until terminated. This Partnership Agreement may be modified by mutual consent of the parties hereto at any time prior to its termination. 8. Termination of Agreement Any party may withdraw from this Partnership Agreement at any time by giving 30 days prior written notice to the other parties of its intent to withdraw from the Partnership Agreement. Upon withdrawal or termination of this agreement, each Law Enforcement Agency (lEA) will deliver acquired Task Force equipment to a MAGNET Commander for disposition within the active participating agencies. 9. Agency Liability For purposes of this partnership it is understood that each participating agency is responsible for liability issues resulting from the actions of its own offic.erJ-and:employees. To the extent permitted by Article XI, Section 7 of the Oregon Constitution and by the Oregon Tort Claims Act, the Regional Drug Enforcement Policy Board members shall defend, save, hold harmless and indemnify each other party and such parties' officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever arising from, arising out of, or relating to activities of the indemnifying party or its officers, employees, subcontractors or agents under this Agreement. 10. MAGNET Policy Board The administrators of each participating law enforcement agency must be responsive to their respective governing bodies and the citizens of their communities. To assure that the activities of MAGNET are appropriately coordinated and responsive to community needs, the parties to this agreement hereby create a MAGNET Policy Board. The Board will consist of the chief administrator of the law enforcement agency of each participant, or the designee of any administrator in that administrator's absence. The Board will meet quarterly, or more Page 4 10/19/00 lIT ATTACHMENT A Page~Of~ 111 frequently, at a time and place set by the Board Chair. The MAGNET Policy Board shall quarterly review drug impact data for Marion County and the communities'therein, develop and approve drug enforcement policies, and review the overall implementation of those policies. 10.1. It is agreed that critical to the success of this joint law enforcement Partnership Agreement is a shared management system committed to directing, leveraging, and fairly administering limited law enforcement resources in order to maximize regional impact. 10.2. It is agreed that the MAGNEr Policy Board will elect a chairperson and vice-chair for a term of one year. The chairperson shall be responsible for keeping parties to the Partnership Agreement informed on all matters relating to the function, expenditures, accomplishments, and problems of the Task Force. A new election will occur each year during September. 10.3. It is agreed that each member of the MAGNET Policy Board shall have one vote. lOA. It is agreed that overall direction of the MAGNEr Policy Board is shared equally by the participating law enforcement agencies, and all decisions regarding policies, operations, and administration must be approved by a majority of the parties to this agreement. 11. MAGNET Operations Committee The MAGNEr Policy Board shall establish an Operations Sub-Committee which will meet with the MAGNET supervisors and managers (DBA, MAGNET Commanders/Supervisors) every month, or more often as necessary, to be briefed on current cases and current County- wide requests for assistance. The MAGNET Operations Committee will assist MAGNET Commanders/Supervisors with decisions regarding responses to requests for assistance, problem solving, implementation of Policy Board policies and timely, fair resource allocation. The MAGNET Operations Sub-Committee will consist of a Policy Board member, or their designee, from the following agencies: The District Attomey,-each law enforcement agency contributing a full time officer /investigator to MAGNEr, one other Marion County Police Department (on one year rotational basis), and a federal agency (on a one year rotational basis). The HIDTA Investigative Support Center will provide intelligence support to this committee regarding trends and activities impacting Marion County. 11.1. The MAGNEr Operations Committee is to serve as the critical operations coordination and communications link for the MAGNET Policy Board. 11.2. It is understood that, with limited regional drug enforcement resources, MAGNEr services cannot be responsive to every problem that arises in each jurisdiction. MAGNEr commanders/supervisors and the Operations Committee will endeavor to be responsive to each agency's needs on an equitable and reasonable basis considering the law enforcement resources available, agency participation in MAGNET, and the overall impact on illegal drug trafficking in Marion County. Page 5 10119/00 or ATTACH~ENT..Ll- Page of /0 11.3. The Operations Committee will report to the full MAGNET Policy Board regarding MAGNET activities and any issues that relate to the successful achievement of Task Force goals and implementation of regional policies. lIA 11.4. The MAGNET Operations Committee will make decisions based upon a majority of committee members available. 11.5. Law enforcement agencies in Marion County can submit requests for MAGNET services to the appropriate MAGNET commander/supervisor or directly to the MAGNET Operations Committee. Responses to requests will be provided in all cases. Requests should be in writing if possible (e-mail, or fax are also good). 12. Task Force Personnel Assignments It is critical that the core supervisory and investigative staff for MAGNET be experienced representatives of the participating agencies in Marion County. Management, supervision, and staff should rotate amongst the participating agencies. The minimum rotation assignment to a Task Force should be for a minimum of two years to promote continuity and for operational effectiveness. Part-time and case-by-case assignment to MAGNET is encouraged as well. Good faith efforts will be made to provide enforcement services and communications to all regional law enforcement agencies whether or not the agencies are able to assign personnel to MAGNET. "' Page 6 10/19/00 ... 13. MAGNET Structure Mich... Monow FBI Fed..., Enlo,cemenl Personnel Commitments: ATTACHMENT A_ Page..::l- of:::JJI::::::::. IIA Marion County Gang and Narcotics Enforcement Task Force PB Aumsville PD Investigator PB Aurora PD Investigator 1 Ff DBA Agents .5 PI' DOJIIllDT A - Staff Support 1 Ff DOJIlllDT A Crime Analyst at (ISC) Key: 1 (2)PI' FBI Agents PB Hubbard PD Investigators X # Ff (Full-Time) 1 Ff Keizer PD Investigators X # PI' (part-Time) PB Marion County District Attorney CC (Case by Case) 3 Ff Marion County Deputy District Attorneys PB (policy Board Only) 1 Ff Marion County Sheriff lieutenant 7 Ff Marian County Sheriff Deputies 4 Ff Marion County Sheriff ParoleJProb. 2 Ff Marion County Sheriff Corrections Dep. PB Mt. Angel PD .5 PI' Oregon National Guard 3 Ff Oregon State Police ,. , .5 P1> ~ _cOregOIi State Police : "t 1 Ff Salem Police Dept.lieutenant 3 Ff Salem Police Dept. Sergeants 12 Ff Salem Police Dept. Investigators 1 Ff Salem Police Dept. Staff Assistant .5 PT Silverton PD Investigators .5 PT Stayton PD Investigators PB Turner PD Investigators 1 Ff Woodburn PD Investigators - Polk County LEA Investigators - Linn County LEA Investigators - Lincoln County LEA Investigators 44 FIE Total Page 7 10/19/00 r OCTOBER 18. 2000 . WE:IJf\IES()AY EDITION 15 CANBY HERALD Cable: Workers not expected to lose their jobs, Ares says Continued from Page 1 erate the two businesses (telephone and cable) as separate entities. "It is important that we continue to deliver high quality service to our customers, and we believe that both systems are running better as separate entities. "We will continue to move for- ward with our business plans, in- vesting in all of our systems as nec- essary to continue offering new services to oUr customers. We are on track, for example, to begin of- fering high-speed Internet access via the telephone lines, through DSL, in Canby by the end of this quarter." Calls to Steven Weed, MDM's northwest region president, went unanswered Monday afternoon, and he could not be contacted by press time. "All I can say is it (the deal) is not progressing at this time," Weed said Oct. 9. 1be local cable TV service was established in 1982, and currently has about 12,750 customers in Canby, Woodburn. Aurora, Donald. Gervais. Hubbard, Oregon City, Beaveccreek, Stafford and outlying rural areas. Are$, in announcing the pro- posed sale in August, cited his company's inability to ..sustain the capital investment necessary to build and maintain two separate de- livery systems - telephone and cable - as we have done to date." Ares said it would take many millions of dollars for DirectLink to invest in emerging broadband technology for both its telephone and cable TV secvices. A large debt service was also a factor. "It just became too expensive," he said in mid-August. "We just could not afford to do broadband for both, and do them well." Instead, DirectLink's board of directors decided to invest time, money and resources in its tele- phone and Internet systems through the development of digital sub- scriber lines and other new tech- nologies, Ares added. He said the offer from MOM was the best of two bona fide offers from among five interested parties, and the money received from the planned sale was expected to be adequate for significant investment in OirectLink's telecommunica- tions over the next few years. Weed reported MDM had been growing by leaps and bounds. Its swift growth, including the acquisi- tion of cable stations, was funded by significant amounts of venture capital. , We have not lost sight of how impor- tant our cable em- ployees are and the difficulty of all this change. Richard Ares President, Canby . T~ Association ',__ "We see (the DirectLink pur- chase) as an opportunity to expand and compete with AT&T in other markets," Weed said in late August. Ares said last week the company is oaiurauy disappointed the deal f~l.~red. "OirectLiak worked extremely hard negotiating in good faith to develop a mutually acceptable sale agreement," he said. "We repeated- ly revised and adjusted the agree- ment to meet Millennium's ~uire- ments but, in the end, Millennium remained non-committed. Upon ~xpiration of the definitive sale agreement, we offered to extend our negotiations. Millennium, how- ever, indicated they would not con- sider this. and withdrew their offer, citing that their .business objec- tives have changed.' "Our board has reiterated their desire to seek a purchaser for the cable systems, but has also indicat- ed they will consider other alterna- tives. We believe there are other parties interested in acquiring or merging with our cable systems, and we will continue to work with our investment banker to investi- gate and develop alternative op- tions." Ares said DirectLink will contin- ue to run the cable and phone sys- tems separately, and will continue voice-mail messaging, calling cards, toll-free numbers and Web- ster Internet services. No job losses are expected among the 33 people employed in . the ca~le TV division. Ares said. .We have not lost sight of how important our cable employees are and the difficulty of all this change," he said. ..We anticipate operating the current systems with no reductions in personnel. In fact, we are committed to developing al- ternatives that will benefit our em- ployees-, our customers, and our parent company, Canby Telephone Association." IT no other buyer is identified, DirectLink will 'continue to run the cable TV arm. .We will continue to operate the existing system, making the invest- ments necessary to ensure we are delivering quality service and meeting the requirements of our franchise agreements," Ares said. 1be basis of the board's deci- sion earlier this year to sell the cable system ~mains valid. As technology has changed, it remains clear that it is difficult for Canby Telephone and DirectLink to sus- tain the capital investment neces- sary to build and maintain two sep- arate delivery systems (telephone and cable) as we have done to date. uAs a telephone cooperative, the board's decision remains to invest our time and resources in the tele- phone and Internet systems through deployment of new technologies, such as DSL." ,~ 1r 14. Asset Seizure, Forfeiture, and Sharing ATTACHMENT A- Page J2- of /0 lIA General Guidelines The seizure, forfeiture, and sharing of the illegal proceeds of drug trafficking from drug trafficking suspects will always be in accordance with law and the following guidelines: I. Law enforcement is the principal objective of forfeiture. Potential revenue must not be allowed to jeopardize the effective investigation and prosecution of criminal offenses, officer safety, the integrity of ongoing investigations, or the due process rights of citizens. ll. No prosecutor's or sworn law enforcement officer's employment or salary shall be made to depend upon the level of seizures or forfeitures he or she achieves. ID. Whenever practicable, and in all cases involving real property, a judicial finding of probable cause shall be secured when property is seized for forfeiture. Seizing agencies shall strictly comply with all applicable legal requirements governing seizure practice and procedure. IV. If no judicial finding of probable cause is secured, the seizure shall be approved in writing by a prosecuting or agency attorney or by a supervisory-level official. V. Seizing entities shall have a manual detailing the statutory grounds for forfeiture and all applicable policies and procedures. VI. The manual shall include procedures for prompt notice to interest holders, the expeditious release of seized property where appropriate, and the prompt resolution of claims of innocent ownership. vn. Seizing entities retaining forfeited property for official law enforcement use shall _ .,.,... ensure that-the property.;ssubject to internal controls consistent with those appticabl~; to property acquired through the normal appropriations processes of that entity. VIll. Unless otherwise provided by law, forfeiture proceeds shall be maintained in a separate fund or account subject to appropriate accounting controls and annual financial audits of all deposits and expenditures.. '" IX. Seizing agencies shall strive to epsure that seized property is protected and its value preserved. X. Seizing entities shall avoid any appearance of impropriety in the sale or acquisition of forfeited property. Page 8 10/19/00 r~ 'In' ATTAC~ENT A Page of It) lIA Disbursement of Forfeited Drooertv and funds Unless otherwise provided by law, MAGNET forfeiture proceeds shall be maintained in a separate Trust Fund by a participating agency in an account subject to appropriate accounting controls and annual financial audits of all deposits and expenditures. The MAGNET Policy Board shall designate a participating agency to act as fiscal agent for this fund. General Guidelines: Patrol Seizures - Assets seized during patrol stops should be the responsibility of the officer and agency involved. Seizure and forfeiture proceedings will normally be the responsibility of the patrol officer's agency. Exceptions to this can be made on a case-by- case basis as noted below in the Special Provisions section. MAGNET Seizures - Forfeitures of cash, real property proceeds, and personal property proceeds resulting from MAGNET cases will be accumulated in the Trust Fund. These funds will be disbursed to participating agencies at periodic intervals as determined by the MAGNET Policy Board. Disbursed funds will be equitably shared by participating agencies after all expenses have been deducted. Expenses may include but are not limited to publishing costs, District Attorney, Forfeiture Counsel, lllegal Drug Clean-up Fund, and Asset Forfeiture Oversight Advisory Committee. The lead agency on the particular case will select the forfeiture attorney to be used. Disbursements - Disbursements from the forfeiture Trust Fund will be made periodically at the discretion of the MAGNET Policy Board. Pending disbursements will be announced to all MAGNET Policy Board agencies and other appropriate agencies 30 days prior to a Policy Board disbursement vote. Disbursement sharing to participating agencies should be equitable and fair based upon agency participation. The primary formula for disbursements willbe: One.share of designated ayajlabl~funds for.e,ach agency officer, investigator,. or prosecutor assigned full time at a designated MAGNET site for at least one month prior to the disbursement vote. Exceptions to this formula may be granted by vote of the MAGNET Policy Board for non- collocated officers/investigators/prosecutors based upon their participation and/or contributions to task force cases. A specific written exception request and justification must be submitted after the annountement of a pending disbursement. A majority vote of the MAGNET Policy Board is required for all exceptions and all Trust Fund Disbursements. In the event that MAGNET is dissolved, the above listed procedures will be utilized for disbursement of the forfeiture Trust Fund balance. Special Provisions - It is recognized that drug investigations often involve the cooperation and assistance of many agencies and their officers. In cases where an agency with no assigned personnel on MAGNEr has contributed to the successful resolution of a drug case Page 9 10119/00 11' ATTACHMENT .A Page.LlL of I () involving the seizure and forfeiture of assets, that agency may request, through the exception process, a portion of the forfeited assets from the MAGNET Policy Board. 15. MAGNET Media Policy IIA Because MAGNET is a joint partnership effort on the part of all law enforcement agencies in Marion County, all media or press coverage, or press releases, regarding Task Force related activities must refer generically to the Multi-Agency Marion County Area Gang and Narcotics Enforcement Task Force or MAGNET rather than any specific MAGNET Policy Board agency. If cases are done in conjunction with non-Policy Board law enforcement agencies they should be included in the media credits. The spirit of this section is for MAGNET command to make every effort to share the credit for Task Force efforts with all law enforcement agencies in Marion County and avoid, as much as possible, exclusive credit to a single agency. It is recognized however; that often the press will print or report news stories the way they wish regardless of how press releases, or press conferences are prepared. 16. Severability If any section of the agreement is found to be void, the remaining sections shall remain in full force until terminated pursuant to this agreement. IN WITNESS TIlEREOF, this Partnership Agreement is duly executed on the date written below. Date: Signatures of Agency Executives Aumsville PD AuroraPD DBA DOJIlllDTA FBI Hubbard PD Keizer PD Marion County District Attorney Marion County Sheriff Mt. Angel PD Oregon National Guard Oregon State Police Salem PD Silverton PD Stayton PD Turner PD Woodburn PD Page 10 10/19/00 lIB October 23, 2000 TO: FROM: SUBJECT: Honorable Mayor and Oty Council ",fl/ John C. Brown, CIty Admlnlstrato~--- Employment A2reement for Community Development Director Services Recommendation: It is recommended the City Council authorize the City Administrator to execute an agreement employing James P. Mulder as Community Development Director. Background: James Mulder was appointed Acting Community Development Director on August 1, 2000, when Steve Goeckritz, fonner Community Development Director announced his retirement effective September 29, 2000. Mr. Mulder has been Senior Planner for the City since July 1999. Prior to Woodburn, Mr. Mulder was Acting Planning Director and a Planner for the City of Florence, and served as a planner In a number of California cities. Since his appointment as Acting Director, Mr. Mulder has perfonned admirably, and to my expectations for a department head. Accordingly, I have detennined to appoint Mr. Mulder to the Director position on a pennanent basis. It Is my intention, as department head turnover occurs, to convert department-head positions to at-will contract positions. This provides greater flexibility over employment decisions, and grants the employee guarantees regarding benefits, working conditions, and Job security for the life of the employment agreement. Employment agreements have thus far been executed with the City Administrator, the City Attorney, and the Pollee Chief. Discussion: Attached Is the employment agreement negotiated with Mr. Mulder. The agreement establishes salary, benefit and working conditions for three years, but can be tennlnated at any time, by either party, with proper notice. It establishes Mr. Mulder's salary at the U A" step of the Community Development Director salary range, and provides for annual salary adjustments following satisfactory perfonnance evaluations. The agreement provides for a continuation of the same basic benefits to which Mr. Mulder has been entitled as a Senior Planner, and addresses City support for travel, training, and memberships In professional organizations. Pursuant to the agreement, Mr. Mulder can be tennlnated at any time, with or without cause, but would be entitled to severance pay If tennlnated without cause. If lIB Honorable Mayor and City Council October 23, 2000 Page 2. Conclusion: The City Charter provides the City Administrator with authority to appoint and remove department heads with City Council's approval. The Community Development Director position was established after the Charter was adopted, and is not listed among the positions for which City Council approval is mandated. Nevertheless, for consistency with other department head-level appointments, your approval of Mr. Mulder's appointment as Community Development Director, and your authorization for the City Administrator to execute the attached employment agreement, is respectfully requested. ]CB " -- ......? Il' lIB Employment Agreement James P. Mulder City of Woodburn Community Development Director TIDS AGREEMENT made and entered into this 23rd day of October, 2000, by and between the City of Wood bum, an Oregon municipal corporation, hereinafter referred to as "City", and James P. Mulder, hereinafter referred to as "Mulder", both of whom understand and agree as follows: RECITALS Whereas, City has previously employed Mulder as a Senior Planner; and Whereas, the City Administrator now wants to appoint Mulder as Community Development Director so that Mulder can continue to serve City under the terms of this Agreement; and Whereas, Mulder desires to enter into this Agreement in order to provide for some security and provide certain definite benefits to Mulder; and Whereas, City desires to enter into this Agreement in order to clarify the nature of its employment relationship with Mulder and to induce Mulder to continue employment with the City; and Whereas, the City Administrator has authority to execute this agreement on behalf of the City. Now, therefore, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Duties. City hereby agrees to employ Mulder as Community Development Director of the City of Woodburn to perform on a continuing basis the functions and duties which are generally described in City's Municipal Ordinances and the Community Development Director's job description, and to perform other legally pennissible and proper duties and functions as the City Administrator shall from time to time assign. 2. Hours of Work. Mulder shall devote his full work time to the duties and responsibilities of the position, and any additional work time reasonably required to discharge the duties and functions as assigned. Mulder may not be engaged in other employment activities during the period of this Agreement without the specific written authorization of the City Administrator. Page 1 - Employment Agreement If lIB 3. Term. A. The term of this Agreement shall be for three (3) years commencing on October 23, 2000, and ending October 22, 2003 at 5:00 PM . B. The term of this Agreement may be extended by written consent of the parties for a period mutually acceptable to both parties. If the parties decide to extend this Agreement, negotiations shall commence by July 15, 2003. 4. At Will Employment. Both parties acknowledge and agree that Mulder is an at will employee who may be terminated by City with or without cause, pursuant to the terms of this Agreement. 5. Termination and Severance Pay. In the event Mulder is terminated by City before the expiration of this Agreement and during such time that Mulder is willing and able to perform the duties under this Agreement, City shall pay Mulder a lump sum severance pay equaling three (3) months of base salary. Severance shall be paid within thirty (30) days of the date of termination. 6. Termination for Cause. If Mulder is tenninated during the term of this Agreement for cause, City shall have no obligation to pay the severance pay under this Agreement. For the purposes of this Agreement, "cause" is defined as follows: A. Indictment for an illegal act. If such indictment does not ultimately result in conviction, then Mulder shall receive severance pay. If the indictment does ultimately result in a conviction, Mulder shall not receive severance pay; or B. Abandonment by Mulder of his position as Community Development Director; or C. Determination by City that Mulder is guilty of fraud, dishonesty or any other act of malfeasance in perfonnance of Mulder's duties on behalf of City. 7. Resignation. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Mulder to resign at any time from this position with City subject to the provisions of this Agreement. In the event Mulder voluntarily resigns this position before the expiration of the aforesaid term of employment, Mulder shall give City a minimum of thirty (30) days written notice, unless the parties agree otherwise. Failure to provide less than the minimum notice required, as described in this section, shall obligate Mulder to pay City for the value of his base salary at the time of resignation for the number of days difference between 30 days written notice, and the actual number of days notice given. Page 2 - Employment Agreement - lIB 8. Compensation. Effective October 23,2000 City agrees to pay Mulder a base salary of $4,730 per month, Step A of City's established Community Development Director's salary range, for services rendered. Such salary shall be payable in installments at the same time as the regular employees of City are paid. On November I, 200 I, after a finding of satisfactory performance by the City Administrator, Mulder's monthly salary shall be increased by five (5) percent to Step B of the then established Community Development Director's salary range. On November 1,2002, after a finding of satisfactory performance by the City Administrator, Mulder's monthly salary shall be increased by five (5) percent to Step C of the then established Community Development Director's salary range. 9. Use of Automobile. Mulder may have use of a City-owned vehicle to conduct city business when such a vehicle is available. When such a vehicle is not available, causing Mulder to use his privately owned vehicle, or where Mulder elects to use his privately owned vehicle, he shall be reimbursed by City for actual business travel at the maximum amount per mile allowed by the Internal Revenue Service. 10. Executive Leave. In lieu and in place of compensatory time off applicable to other management employees, Mulder shall accrue ten (10) executive leave days per year. Executive leave shall accrue monthly, and shall be limited to a maximum accrual of 160 hours. Any executive leave hours earned in excess of the maximum accrual limit shall be converted on a monthly basis to a cash payment. Such payment shall be calculated at Mulder's then-current rate of pay, shall be treated as salary and shall be subject to all applicable taxes and withholdings. 11. Prior Accumulated Leave. Mulder shall be credited for all of the vacation time, sick leave and compensatory time which he has accumulated with City during his prior employment as a Senior Planner. 12. Other Benefits. Mulder shall receive all other benefits regarding wages, hours and other terms and conditions of employment as other permanent management employees of City. Mulder shall be allowed to participate in City's deferred compensation program. 13. Performance Evaluation The City Administrator shall evaluate Mulder's perfonnance at least once annually. The evaluation shall be in accordance with specific criteria developed the City Administrator and Page 3 - Employment Agreement IT liB with goals and perfonnance objectives developed jointly by the City Administrator and Mulder. The City Administrator shall provide Mulder with a summary written statement of the findings of the evaluation process and adequate opportunity for Mulder to discuss the evaluation with the City Administrator. 14. Professional Development. A. City agrees to pay for professional fees, dues and subscriptions on behalf of Mulder that are reasonably necessary to the participation in organizations necessary and desirable for continued professional growth and advancement. B. Subject to available funds and City Council appropriation, City agrees to pay the travel and subsistence expenses of Mulder for official travel, meetings and occasions reasonably adequate to continue the professional development of Mulder, and to reasonably pursue necessary official functions for the City. C. Subject to available funds and City Council appropriation, City agrees to pay travel and subsistence expenses for travel to and attendance at Oregon Planning Directors Association Conferences. D. Mulder shall maintain throughout the life of this Agreement valid memberships in the Oregon Planning Directors Association and the Oregon Chapter of the American Planning Association. City shall pay for these memberships. 15. Liability City agrees to indemnify, hold harmless and defend at its expense Mulder from any and all claims, actions, losses, damages, charges, expenses or attorney's fees to which Mulder may be subject to arising out of, or resulting from, the perfonnance of his official duties hereunder, excepting from criminal acts or gross negligence. Notwithstanding the foregoing, City's obligation under this Section shall not apply to any punitive or exemplary damages that may be. awarded by a Court against Mulder. 16. Other Terms and Conditions A. City may from time to time fix other terms and conditions relating to Mulder's performance hereunder, p~ovided such terms and conditions are not inconsistent or in conflict with the provisions of this Agreement. B. Mulder shall perform his duties in accordance with all the laws, ordinances, rules and regulations applicable to his position. C. The entire Agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. Except as herein expressly provided to the Page 4 - Employment Agreement - lIB contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other person, persons or legal entities. D. Mulder acknowledges that he has not been induced to enter into this Agreement by any representation or statements, oral or written, not expressly contained herein or expressly incorporated by reference. City makes no representations, warranties or guarantees, expressed or implied, other than expressed representations, warranties and guarantees contained in this Agreement. 17. Notice. In lieu of mailing, written notice shall become effective as of the date it is personally delivered to the addressee. Any notice required to be given under the terms and conditions of this Agreement shall be given as follows: City of Woodburn John C. Brown, City Administrator 270 Montgomery Street Woodburn, OR 97071 James P. Mulder, Community Development Director 995 Bryan Court Silverton, OR 97381 18. Severability. If any part, term, or provision of this agreement is held by the courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the remaining portions of the Agreement shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision. In Witness Whereof, the parties hereto have executed this Agreement on the day and year first written above. .. CITY OF WOODBURN COMMUNITY DEVELOPMENT DIRECTOR John C. Brown, City Administrator J Page 5 - Employment Agreement IIr llC MEMO FROM: City Council through City Administrato{l? Public Works Program Manager 4 ~ TO: SUBJECT: Surface Transportation Program (STP) Fund Exchange DATE: October 1 6, 2000 RECOMMENDATION: Approve the attached resolution entering into a fund exchange agreement with the State of Oregon to exchange federal highway program funds for state funds. BACKGROUND: The federal Transportation Efficiency Act for the 21 st Century (TEA-21) enacted in 1999 continued the Surface Transportation Program (STP) which was instituted as part of the Intermodal Transportation Efficiency Act of 1991 (ISTEA). The STP funds still must be utilized each federal fiscal year under TEA-21 rules. The Oregon Department of Transportation (ODOT) in conjunction with the League of Oregon Cities developed a program after ISTEA was enacted that allowed a city to exchange $1 .00 of this federal STP funding for 940 of state funds which could then be utilized for a much wider variety of projects than authorized under federal funding utilization requirements. This agreement will exchange $92,738 of federal funds for $86,835 in state funds that can be used on any city project approved by ODOT. The project that ODOT approved for the 2000 fund exchange agreement is the widening and addition of bicycle and pedestrian facilities on Soones Ferry Road and Country Club Road. " " 'In' lIe COUNCIL BILL NO. 2269 RESOLUTION NO. A RESOLUTION ENTERING INTO 2000 FUND EXCHANGE AGREEMENT NO. 18655 WITH THE STATE OF OREGON AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS, the State of Oregon acting through its Department of Transportation is authorized to enter into cooperative agreements with cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions agreeable to contracting parties pursuant to ORS 190.110, 366.770 and 366.775, and WHEREAS, the City of Woodburn has applied to exchange federal funds for state funds to assist with the project for widening and addition of bike lanes, sidewalks, storm drainage and signal modifications on Boones Ferry Road and Country Club Road, and WHEREAS, the State of Oregon, Department of Transportation, has determined that the city's project is eligible for the exchange of funds, and WHEREAS, the State of Oregon, Department of Transportation, has approved the exchange of $92,378 in federal funds for $86,835 in state funds, NOW THEREFORE: , THE CITY OF WOODBURN RESOLVES AS-F-OLLOWS: Section 1. That the City of Woodburn enter into 2000 Fund Exchange Agreement No. 18655, which is affixed as Attachment "A" and by this reference incorporated herein, with the State of Oregon acting by and through its Department of Transportation to exchange $92,378 in federal funds for $86,835 in state funds to assist with the project for widening and addition of bike lanes, sidewalks, storm drainage and signal modifications on Boones Ferry Road and Country Club Road. Page 1 COUNCIL BILL NO. RESOLUTION NO. " rr lie Section 2. That the Mayor and City Recorder of the City of Woodburn are authorized to sign said agreement on behalf of the City. Approved as to form:?l.~ ~ City Attorney o(,~ (1 ZO()~ ~ate 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. f' 'Iff' ATTACHMENT --L1.-. Page -'-- of ~ lie October 2,2000 Misc. Contracts and Agreements No. 18655 2000 FUND EXCHANGE AGREEMENT City of Woodburn Soones Ferry Road Improvements THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State", and the CITY OF WOODBURN acting by and through its elected officials, hereinafter referred to as "Agency". RECITALS 1. By the authority granted in ORS 190.110, 366.770 and 366.775, State may enter into cooperative agreements with counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. NOW THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: TERMS OF AGREEMENT 1. Agency has submitted a completed and signed Part I of the Project Prospectus outlining the schedule and costs associated with all phases of the Soones Ferry Road Improvements to widen to add bike lanes, storm drainage, and modify existing signal at Boones Ferry and Country Club Roads, hereinafter referred to as "Project". 2. To assist in funding the .prQiect,. Agency- has requested St~te., to exchange 2000 Federal Funds, which have been allocated to Agency, for State funds based on the following ratio: I. $94 State for $100 Federal Based on this ratio, Agency wishes to trade $92,378 Federal Funds for $86,835 State Funds. 3. State has reviewed Agency's prospectus, considered Agency's request for the fund exchange, and has determined that Agency's project is eligible for the exchange funds. 4. The term of this agreement shall begin on the date all required signatures are obtained and shall terminate within two calendar years following that date, unless otherwise extended or renewed by formal agreement of the parties. ,. Il' ATTACHMENT ~ Page ~ of .:s:::::::.: lIe Fund Exchange Agreement 10/02100 Page 2 5. The parties agree that the exchange is subject to the following conditions: A. The Federal Funds transferred to State may be used by State at its discretion. B. State dollars transferred to Agency must be used for the project named in Terms of Agreement, Item 1, Page 1, of this agreement. This fund exchange is to provide funding for specific roadway projects and is not intended for maintenance. C. State funds may be used for all phases of the project, including preliminary engineering, right of way, utility relocations and construction. Said use shall be consistent with the Oregon Constitution and statutes (Section 3a of Article IX Oregon Constitution). Agency shall be responsible for accounting for expenditure of State Funds. D. This Fund Exchange shall be on a reimbursement basis, with State funds limited to a maximum amount of $86,835. All costs incurred in excess of the fund exchange amount will be the sole responsibility of Agency. E. State certifies at the time this agreement is written that sufficient funds are available and authorized for expenditure to finance costs of this agreement within State's current appropriation or limitation. Funds available for reimbursement on or after July 1, 1999 are contingent upon the legislatively approved budget of State. F. Agency shall be responsible for all costs and expenses. related to its.. employment of individuals to perform the work under this agreement, including but not limited to retirement contributions, workers' compensation, unemployment taxes, and State and Federal income tax withholding - G. Agency shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this agreement. including, without limitation, the provisions of ORS 279.312, 279.314, 279.316, 279.320 and 279.555, which hereby are incorporated by reference. Without limiting the generality of the foregoing, Agency expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) Il' ATTACHMENT A - Page -1.... of:::L:: lie Fund Exchange Agreement 10/02100 Page 3 all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations- H. Agency, or its consultant, shall conduct the necessary preliminary engineering and design work required to produce final plans, specifications and cost estimates; purchase all necessary right of way in accordance with current State and Federal laws and regulations; obtain all required permits; be responsible for all utility relocations; advertise for bid proposals; award all contracts; perform all construction engineering; and make all contractor payments required to complete the project. I. Agency shall compile accurate cost accounting records. Agency shall bill State in a form acceptable to State no more than once a month for costs incurred on the project. State will reimburse Agency at 100 percent of the billing amount not to exceed $86,835_ The cost records and accounts pertaining to the work covered by this agreement shall be retained for inspection by representatives of State for a period of three years following final payment. Copies shall be made available upon req uest. J. Agency shall, upon completion of project, maintain and operate the project at its own cost and expense. K. Agency, its consultants or subcontractors, if any, and all employers working under this agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017 which requires them to provide workers' compensation coverage for all their subject workerS. ,",-0 .. ~ . L. This agreement may be terminated by mutual written consent of both parties. 1. State may terminate this agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: a. If Agency fails to provide services called for by this agreement within the time specified herein or any extension thereof. b. If Agency fails to perform any of the other provisions of this agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, - ATTAc'1rENT--4-- Page of '" lIC Page 4 Fund Exchange Agreement 10/02/00 and after receipt of written notice from State fails to correct such failures within 10 days or such longer period as State may authorize. 2. Either party may terminate this agreement effective upon delivery of written notice to other party, or at such later date as may be established by the terminating party, under any of the following conditions: a_ If either party fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided in the agreement. b. If Federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this agreement is prohibited or either party is prohibited from paying for such work from the planned funding source. 3_ Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. M. State and Agency hereto agree that if any term or provision of this agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, 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 Of provision held to be invalid. '0-.". ~_. 6_ Agency personnel who sign this agreement shall be duly authorized to do so by the City Council. 7. This agreement and attachep exhibits constitute the entire agreement between the parties on the subject matte'r hereof. There are no understandings. agreements. or representations, oral or written, not specified herein regarding this agreement No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this agreement shall not constitute a waiver by State of that or any other provision. ~ Fund Exchange Agreement 10/02/00 ATTACHMENT .A page..-.5... of 4 Page 5 IIC IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. The funding for this fund exchange program was approved by the Oregon Transportation Commission on October 13, 1999, as a part of the 2000-2003 Statewide Transportation Improvement Program (STIP). The Financial Services Branch Manager approved the fund exchange on September 5, 2000. The Oregon Transportation Commission on March 18, 1999, approved Subdelegation Order No. 2 in which the Director grants authority to the Executive Deputy Director/Chief Engineer to approve and execute agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program or in a line item in the approved biennial budget. STATE OF OREGON, by and through its Department of Transportation CITY OF WOODBURN, by and through its elected officials By Executive Deputy Director/Chief Engineer By Title Date By APPROVAL RECOMMENDED Title By Date Region 2 Manager Date APPROVED AS TO LEGAL SUFFICIENCY By Agency Legal Counsel Agency Contact: Randy Rohman, PE Public Works Program Manager 270 Montgomery Street Woodburn, OR 97071 Date - lID CITY OF WOODBURN 280 Garfield Street · Woodburn, Oregon · 97071- 4698 M LibraIY.. E M o R A N D u M Date: October 5,2000 To: Mayor and City Council through John Brown, City Administrat From: Linda Sprauer, Library Director Subject: Chemeketa Cooperative Regional Library Service (CCRLS) Contract Amendment Background: The Intergovernmental Contract Agreement between Chemeketa Community College (on behalf of CCRLS) and the City of Woodburn entered into on November 13,1996 needs to be amended to address some recent changes. Most notable of the changes is the section which addresses compensation to the City and wording to recognize changes due to the collection of fees from CCRLS district nonresidents by member cities. The full text of the amendments may be reviewed in the office of the Mayor at City HaU, or in my office at the library. " Recommendation: I recommend approval of the Intergovernmental Agreement Contract Amendment by the Woodburn City Council and direct the Mayor and Library Director to sign said amendment. ". lID COUNCIL BILL NO. 2270 RESOLUTION NO. A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT CONTRACT AMENDMENT WITH CHEMEKETA COMMUNITY COLLEGE FOR PARTICIPATION IN THE CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE (CCRLS) AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the City has, for several years, participated in the Chemeketa Cooperative Regional Library Service (CCRLS); and WHEREAS, participation in CCRLS enables city resident to have access to free reciprocal borrowing privileges and use of an automated library system involving other participating libraries; and WHEREAS, it is in the interest of the City to continue this service, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor is authorized to execute an Intergovernmental Agreement Contract Amendment for the period of July 1,2000 through June 30, 2001, with Chemeketa Community College for participation in the Chemeketa Cooperative Regional Library Service (CCRLS). Section 2. That a copy of said agreement is attached hereto as Attachment "A" and, by this reference, is incorporated herein. /s/ N. Robert Sh,.elds Approved as to form: - ~ 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 ArrEST: Mary Tennant City Recorder City of Wood bum, Oregon Page 1 - Council Bill No. Resolution No. - ATTAcHMENT~ Page -L. of _ :3 lID ~~ CONTRACT NUMBER #089 - 97 CHANGE LETTER D INTERGOVERNMENTAL AGREEMENT CONTRACT AMENDMENT This amendment is made and entered into for the period of July 1,2000 through June 30. 2001. by and between CHEMEKET A COMMUNITY COLLEGE hereinafter called COLLEGE and WOODBURN, OREGON, an Oregon municipal corporation, hereinafter called the CITY. 1. Addendum number four (4) to original contract number 08997. 2. The contract entered into on November 13, 1996, between the COLLEGE and CITY shall be amended as follows: 2.0 COMPENSATION, point 2.1 is changed to read as follows: CITY will be compensated by COILEGE in the amount of $44,236.41 as compensation for the CITY providing nonresident library service for the residents of the COILEGE District. Payments shall be made in four equal installments of $11,059.10 at the end of each quarter. 2.0 COMPENSATION, subsection point 2.2 is added which reads as follows: The COILEGE shall pay the CITY for each net loan provided, i.e., the difference between the number of CITY items loaned to and checked out in another library and the number of items owned by other libraries borrowed and checked out by the CITY library. Tabulation of net loans shall be provided by the CCRLS automated integrated library system. A budget of $45,000 shall be designated for this program for 2000-01 with $11,250 budgeted each qU3.l"ter. The CITY shall be paid its pro.ratashare on a quarterly.basis. 3.0 Responsibilities of College, subsection point 3.1.3 n is changed to read as follows: In serving card holding CCRLS district nonresident patrons, COILEGE shall abide by each CITY's rules and procedures regarding borrowing privileges. In no case shall card holding residents of the CCRLS district receive less than the basic level of service from COILEGE. : 4.0 Responsibilities of City, subsection point 4.1.1 is changed to read as follows: CITY will provide at least the basic level of service to nonresidents within the COILEGE District. Basic level of service is defined as one checkout and one hold per person at a time, utilizing individual rather than household cards. CITY shall provide free borrowing privileges to card holding residents of other participating CCRLS cities (including Silver Falls District.) r ATTACHMENT A Page~ of .3 lID In no case shall card holding residents of the CCRLS district receive less than the basic level of service from CITY. CITY shall prQvide full borrowing privileges for all currently registered COLLEGE students who present a valid library card. CITY shall notify each current non-resident card holder within its geographic zone at least 30 days prior to instituting a fee for service above the basic level. No advance notification is necessary for fee increases. 3. In performing the above, it is understood and agreed that all other terms and conditions of the original contract are still in effect. SIGNATURES This contract and any changes, alterations, modifications, or amendments to it shall not be effective until approved by the appropriate representative of the parties hereto. In witness whereof, the parties hereto have caused this agreement to be executed on the date set forth below. FOR THE CITY OF WOODBURN: FOR CHEMEKETA COMMUNITY COLLEGE: Signature Richard Jennings Mayor-City of WOODBURN Signature Lynda Warren Director - Business Services Date ~ lu{;~ APPROVED: Linda Sprauer Library Director ... EXHIBIT A CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE 2000 Advisory Committee Members Richard E. Leinaweaver, Chairperson Marion County Lay Member 711 East Main Street Silverton, OR 97381 Phone: (h) 503-873-3435 Internet: richardl@open.org: Term expires: 6/30/02 Robert Dodge, Vice Chair Yamhill County Lay Member 914 N. W. Sunnywood Court McMinnville, OR 97128 Phone: (h) 503-472-5535 Internet: rdodge@onlinemac.com Term expires: 12/31/00 Ron Baker Director - Monmouth Public Library 168 S. Ecols Street Monmouth, OR 97361 Phone: (b) 503-838-1932 FAX: 503-838-3899 Internet: ron@ccrls.org Term expires: 6/30/01 Sue Buel Yamhill County Lay Member 20625 S.W. Highway 18 McMinnville, OR 97128 Phone: (h)503-843-2009 Term expires: 6/30/01 Linda Cochrane CCRLS Coordinator - Chemeketa College 4000 Lancaster DriveIP. O. Box 14007 Salem, OR 97309-7070 Phone: (b) 503-399-5105 FAX: 503-589-7628 Internet: cocl @chemeketa.edu J ames Fairchild Polk County Lay Member 297 S. E. Ironwood Dallas, OR 97338 Phone: (h) 503-623-2605 Term expires: 12/31/00 Leah Griffith Director - Newberg Public Library 503 East Hancock Street Newberg, OR 97132 Phone: 503-537-1256 FAX: 503-538-9720 Internet: leahg@ccrls.org Term expires: 6/30/02 Alan Hershey Marion County Lay Member 4758 19th Court S. Salem, OR 97302 Phone: (h) 503-581-1216 Internet: hershe~@o!'Cn.org Term expires: 1 1/00 Rev. 9/14100 III ATTACHMENT A Page -3.... of ~ Harvey Jobe Polk County Lay Member 414 Stadium Dr. S. Monmouth, OR 97361 Phone: (b)503-838-0480 x232 (h) 503-838-5768 Internet: hiobe@centra1.k 12.0r.us Term expires: 6/30/0 I Linda Sprauer Director - Woodburn Public Library 280 Garfield Street Woodburn, OR 97071-4698 Phone: (b)503-982-5259 FAX 503-982-5258 Internet: lindas@ccrls.org Term expires: 6/30/03 Gail Warner Director - Salem Public Library 585 Liberty Street S.E./P.O. Box 14810 Salem, OR 97309 Phone: (b)503-588-6071 FAX: 503-588-6055 Internet: gwarner@open.org Ex Officio Members Connie Bennett, PYM Chair Director - Silver Falls Library District 410 S. Water Street Silverton, OR 97381 Phone: (b) 503-873-6513 FAX: 503-873-6227 Internet: connieb@ccrls.org Dave Galati, Executive Director Mid- Willamette Council of Government 105 High Street S. E. Salem, Oregon 97301-3667 Phone: (b) 503-588-6177 FAX: 503-588-6094 Internet: dgalati@open.org Mary Ginnane, Admin. of Library Development State Library Building Salem, OR 97310 Phone: (b) 503-378-2112 X225 Internet: mary.j.ginnane@state.or.us Janet Snowhill, Automated Systems Coordinator 4000 Lancaster DriveIP. O. Box 14007 Salem, OR 97309-7070 Phone: (b)503-399-5202 FAX: 503-589-7628 Internet: janet@ccrls.org Kent Taylor, City Manager of McMinnville 230 E. Second Street McMinnville, OR 97128 Phone: (b )503-434-7302 Internet: taylork@cl.mcminnville.or.us Recording Secretary Eileen Buyserie, Secretary 4000 Lancaster Drive NFJP. O. Box 14007 Salem, OR 97309-7070 Phone: (b)503-399-5039 FAX: 503-589-7628 Internet: buye@chemeketa.edu l1" lIE SUBJECT: vflJ MEMO City Administrat6H~ Council Action Julie Moore~ Tech m through Public Works Director No Parking on Lincoln Street between Gatch Street and Washington School TO: FROM: DATE: October 18, 2000 RECOMMENDATION: It is recommended that Council approve the installation of no parking signs along the north side of Lincoln Street between Gatch Street and the west driveway at Washington School BACKGROUND: A resident on Gatch Street was recently involved in an accident at the intersection of Lincoln and Gatch. The installation of signs in this area will greatly increase visibility and safety for motorists and school children crossing Lincoln Street. Lincoln Street has a 5O-ft. right-of-way with a 34 ft. paved width. The roadway curves toward the north and rises between Gatch and the school When a vehicle is headed south on Gatch Street and stops at the stop sign at Lincoln, the vehicle bas to pull across the crosswalk to be able to see to the east. Any vehicles that would be parked along the north side of Lincoln Street in this area would greatly reduce visibility. A crosswalk across Lincoln along the easterly side of the intersection is used heavily by kids going to and from Wa.,hington School. There is already no parlcing on the south side of Lincoln Street in this area. The property at the northeast comer of the intersection bas a retaini11g wall along the south side of the property next to the sidewalk. This property had flowering vegetation planted on top of the retJlining wan which made the height about 40 inches behind the sidewalk. The p~nning Department notified the resident to cut back the vegetation for site visibility pwposes, which they have done. Therefore, it is being recommended that no parking signs be installed along the north side of Lincoln Street from Gatch Street to the west driveway from Washington School to increase visibility and safety. 111" <( <( 00 ,.- s ,.- LO ~ 1 VO z :::> o () z o -- (]: <( ~ ..- 2: > ;> ..> :> ,- (]: CJ) lO .- (n co 0090 M~ S dVW 33S to- T"" -$- to- co 0 ~ '!?o ~~ ~ .J LL3 0- () 0:'" ~ WO 0 On z< ~ - ~ ;c::: -s::. :::z a II' ~o 0 Jr \11 'lrl ,..- ~ ~ ~u c~ 2n c R o ~ ,.. 10 C8L'~) HO "-9 Hll10N ~ 0;; 0- C\J~ 9L (ga8li:) HO en H.ll:lON SlL OO'W ~alC\l ~ g~ C\J 9l ~ ... :So~ ~ a- m tO~ ~ ~'9L ~ o~ ~~ Sl ~ -.LS '\. \ \ N~ OOl r......' ~:." '.-. i ~ I _ ) _ _ocr~ . t '-':-:":"': O/.:L" ~ ~, ,,-\ \......... '\. ~ ~ . -', \ -- ~, '-:, -.- . \-\ ... ~ - ~-~ ~ .~, '--\ ~ - - . B" - ti g~ --=\ ~ 00 I ,.\\ .' HUlON ool \.- .-" \, " ----, '" o~ ~I --.-=: --.. 00. so -m 00. r\ 2 onn a~ a... (") - ~'.:? (sL'l~) h- OS'''lZ ~ -\ a~ o~ ~~ ~ &I Le'SiH H81. V8 g CJ"..,a f:l'~. J:: o~ 0- r--~ ~I (N-I/.) I n__ ... _ ._" _.__._ ... _. _.. . 9ll - -... --_. 86'la 1- - -- o~o :i ~ ~ I w ! :gl-:t I 9- ;a~ ~E~ lite; g I 09. !2:tz ~ 0 T"" - gl~ T""~ .-i ~ij~ e; o I ogl @~ I ,..-~ I MLOOS ogl .~ crLll ""'. r~ ... Os-t'lZ v- ~ r o .0 -, ~ I t- en 09 -l 09 so so e; Z -.J o Q liE -+-r-- on~ ~lOl S~lOl \\ \ o o ~ -:l:: -ch ... ~ ~ w o~ a: 0.., ::l 0)- C') ~ a: en (') 0<.0 u~u k-tia, W ....1 '0 ....'L bC/) Cl a -vL''LJ o ... lL .-..... crooIGI;;--"":: ... OOl€ ---.(~I w ~ a: <1: a: :I: 0<.); u::> 0< W z...; ( w ~ I gB ~ij Oi"6 .ttli IJ I 11'1 IIF MEMO TO: FROM: City Council through City Administrator Public Works Program Manag.er 4 ~ Award of Contract for Used 10 to 12 Yard Dump Truck SUBJECT: DATE: October 17, 2000 RECOMMENDATION: Award contract for purchase of a used 10 to 12 yard dump truck to DSU Peterbuilt Inc. for $48,500 since their proposal represents the best value product for the city. BACKGROUND: The City of Woodburn requested proposals for a used 10 to 12 yard dump truck which were received at 11 :00 a.m. on October 13, 2000. The city requested proposals for vehicles that were 1994 or newer and had fewer than 200,000 miles. The city used the request for proposal method since the requested vehicle was to be used and a wide range of vehicle conditions that meet the specifications were possible. The city received three proposals that all complied with minimum proposal requirements: Proposer Make-Model Amount Hertz Rental Inc. DSU Peterbuilt Inc. Valley Freightliner . 1994~rd " '" 1997 Peterbuilt 1998 Freightliner $47;500 -, .. :.:" $48,500 RECOMMENDED BEST VALUE $64,900 Staff developed the recommendation for Council review based on the "best value" to the city concept with a thorough evaluation of specific criteria between the 1994 Ford from Hertz and the 1997 Peterbuilt from DSU Peterbuilt. The 1997 Peterbuilt has distinct advantages over the 1994 Ford that were evident during the review of evaluation criteria and made the additional cost of this vehicle worthwhile. The recommended vehicle is a one owner used locally that is in overall excellent condition with a very good dump body for which all maintenance records were reviewed. The 1994 Ford is a rental vehicle from the San Francisco area. Although mileage is similar, pictures of the 1994 Ford offered by Hertz shows significant rust and damage to the dump body. Discussions with Hertz indicated that the vehicle is in excellent condition. Review of evaluation criteria indicated that the 1997 Peterbuilt was the "best value"dump truck for the city. The current budget has $50,000 ($25,000 each from water and street divisions) for purchase of this vehicle. .~ - lIG City of Woodburn Police Department STAFF REPORT 270 Montgomery Street Woodburn OR 97071 (503) 982-2345 Through: October 16, 2000 ~ Paul Null, Chief of Police ~ Mayor and City Council 1(; John Brown, City Administrat~ Date: From: To: Subject: Liquor License Application - Su Casa Imports, Ine - Establishment Relocation Applicants: Su Casa Imports, Inc Isabelle & Rafael Mendoza 2697 NE Grant Street Hillsboro, OR. 97124 Old Location: 297 Front Street Woodburn, OR 97071 New Location: Mall 99 1032 N. Pacific Hwy. Woodburn, OR 97071 Licence Type: Package Store Licence (PS) Allows the sale of beer and wine for off-premise consumption. On October 13; 2000, tlie W 06dbnm Police Departnieilt receiVed an application for a liquor license from applicants Isabelle and Rafael Mendoza, owners of Su Casa Imports, Inc. The application is for a change in the current business establishment location from 297 Front Street to Mall 99, 1032 N. Pacific Hwy., Woodburn. The police department completed a history of calls for service for the previous twelve months and found no liquor law violations at the cqrrent location. As of this date the police department has not received any communication from surrounding businesses in support or in opposition of the Mall 99 liquor license establishment. Recommendation: The Woodburn City Council approve a change in the location ofSu Casa Imports package store liquor license from 297 Front Street to 1032 N. Pacific Hwy.,Woodburn, OR cc GLCC Applicants ,. 'IrT IIH City of Woodburn Police Department STAFF REPORT 270 Montgomery Street Woodburn OR 97071 (503) 982-2345 From: Paul Null, Chief of Police Date: October 18, 2000 To: Mayor and City Council 0 John Brown, City Administrat~ Through: Subject: Liquor License Application - Senior Estates Golf and Country Club, Inc Drop and Add a Partner Applicants: Senior Estates Golf and Country Club, Inc 1776 Country Club Rd. Woodburn, OR 97071 Tracy Northcutt 1297 S. Fir Street Canby, OR 97071 Licence Type: Package Store (PS) / Restaurant (R) License On September 19,2000, the Woodburn Police Department received an application for a liquor license from applicants Senior Estates Golf and Country Club, Inc. and Tracy Northcutt. The application is to drop a previous licensee and add Tracy Northcutt as a new partner. -1he police department has completed an in-depth backgtound'lhveStigation on the applieants and. < - ~" found nothing of a questionable nature. Senior Estates Restaurant has been established for many years and a change in partnership is not unusual due to a change in restaurant management. Ms. Northcutt has currently taken over management of the establishment and plans to continue a full service restaurant. The police department completed a history of calls for service for the previous twelve months and found no liquor law violations at this establishment. Recommendation: The Woodburn City Council approve a Package Store and Restaurant liquor license for Senior Estates Country Club and Tracy Northcutt at 1776 Country Club Rd., Woodburn. cc GLCC Applicants r~ __ III October 23,2000 TO: FROM: SUBJECT: Honorable Mayor and Oty Council I~ John C. Brown, CIty Admlnlstrato~ League of Oregon Otles Annual Conference and Business Meeting Recommendation: It is recommended the City Council select voting delegates to represent Woodburn at the League of Oregon Cities annual business meeting. Background: Woodburn belongs to the League of Oregon Cities, and has voting rights at the League's annual business meeting. The business meeting is held during the League's annual conference. Business meeting items include League policies, activities, organization, and operations, and positions regarding pending or proposed legislation. The annual conference is an opportunity to network with elected and appointed officials from other local governments, and to attend training sessions related to items of current importance to Cities and for building technical skills. Discussion: The Annual Conference will be held in Portland from November 10-12. The business meeting is on the 12th. The League has asked each city to appoint a voting delegate, and an alternate for the business meeting. Those Individuals should plan to attend the conference on Sunday. ~ ... .... ........ .. \ ...~ --. ..' This item has been scheduled or1 your agenda for October 23rd to allow the Mayor and Council an opportunity to select a voting delegate and alternate for the business meeting. JCB " r~ .. Il' I4A CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 From: October 23, 2000 Mayor and City Council thru City Administrato~ 1 Jim Mulder, Acting Director of Community Developme~ Planning Commission Action on Conditional Use oo-o~/ Date: To: Subject: At their meeting of October 12, 2000, the Planning Commission adopted a final order approving a proposal for a beauty salon (spa) to be established in an existing building space approximately 500 square feet in size. The proposal is summarized below. The Planning Commission's action will be final unless called up for review by the City Council. Applicant: Richard & Joan Holmgren 967 Hermanson Street Woodburn, OR 97071 Property Owner: Darrell Mendenhall- Trustee 455 Hermanson Street Woodburn, Oregon 97071 NATURE OF APPLICATION: The applicants request conditional use approval for a beauty , i. - .salon (spa) to be established ifl an existing buildiAg iPaGe approximately 500.square~f~et. in size. The building is multi-tenant and currently consists of office establishments. ~ l>.. . The proposed business would provide hair services, facials, body waxing, spa manicures, spa pedicures and aromatherapy. A large part of the clientele is to be the elderly who live in the immediate neighborhoods. The applicant indicates that the services to be provided are beneficial to those with arthritis or similar problems. These services are to be provided primarily by appointment. " RELEVANT FACTS: The site is located on the southwest comer of Glatt Circle and Meridian Drive in the Northwest Plaza Addition. State Highway 214 abuts the site to the south. The property is addressed at 560 Glatt Circle, further described on Marion County Assessor Maps as Township 5 South, Range 1 West, Section 708, Tax Lot 500. Designated zoning for the property is Commercial Office (CO) District, and it is designated on the Comprehensive Plan Map as Commercial. The proposed business is classified as 14A a "beauty shop" in the Zoning Ordinance and is permitted as a conditional use in the CO District. ' The applicants propose leasing the space for the business. The building as a whole is currently being used as a multi-tenant facility and consists of office-type establishments. The proposed business would include off-site services at the residential locations of clients as well as on-site services by appointment. As a result, the business would partially function as an office by serving as an administrative location for off-site services, and since on-site services would be mostly provided by appointment, customer visits and on-site parking would be controlled. Page 2 ... 14B CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: October 23, 2000 Mayor and City Council thru City AdministratoP To: From: Jim Mulder, Acting Director of Community Development Subject: Planning Commission Action on Site Plan Review 00-23 At their meeting of October 12, 2000, the Planning Commission accepted the Planning Director's administrative decision approving a proposal to expand an existing restaurant into an adjacent building space. The proposal is summarized below. The Planning Commission's action will be final unless called up for review by the City Council. APPLICATION INFORMATION: Applicant: Luis Quintero P.O. Box 1041 Woodburn, OR 97071 Property Owner: Same as applicant NATURE OF APPLICATION: The applicant requests administrative site plan approval to .. .~.. '. expand an existingcrestaurantinto an adjacent lJuildingspaoe.c The RpansioR would" include an archway entrance through the existing wall between the building spaces, a new wall within the expanded area to provide a separate space for a future tenant, and the additional use of an existing entrance doorway. The expansion area is proposed to be for additional seating. There is currently a restroom in this area which the applicant is proposing to enlarge and bring into compliance with ADA standards. I There is proposed the addition of an awning over the said entrance doorway connecting to the expansion area. The awning would be similar in design to the existing one which is above the Front Street entrance. An additional window is also proposed next to the doorway of the expansion area. RELEVANT FACTS: The site is located at 523 N. Front Street, further described on Marion County Tax Assessor Maps as Township 5 South, Range 1 West, Section 18AB, Tax Lot 4200. The expansion area would be into the building space addressed at 503 N. Front Street, Tax Lot 4300 of the same Assessor Map. The site is zoned Downtown Design r' '1fT' 14B and Conservation District (DDCD) and has a Comprehensive Plan Map designation of Commercial. The use is permitted outright by zoning district. The building area in which this expansion is proposed is currently vacant. The wall which is proposed would separate the expanded seating area from the front of the adjacent building. The front space would remain vacant at this time for a future tenant. With the wall put in place, the new seating area would be approximately 780 square feet in size. The existing restaurant has a main entrance along N. Front Street. The adjacent building into which the expansion would take place is on the southwest corner of N. Front Street and Grant Street. The expansion area would use an existing entrance doorway along Grant, and the restaurant would thereby utilize two entrances on two separate streets. Page 2 IIr 14C CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 From: October 23, 2000 Mayor and City Council thru City Administrato# Jim Mulder, Acting Director of Community DeVelOpmen~ Planning Commission Action on Site Plan Review 00-24 Date: To: Subject: At their meeting of October 12, 2000, the Planning Commission adopted a final order approving a proposal to install field lighting around the new soccer field at Woodburn High School. The proposal is summarized below. The Planning Commission's action will be final unless called up for review by the City Council. APPLICATION INFORMATION: Applicant: Woodburn School District Attn: Bill Key 965 N. Boones Ferry Road Woodburn, OR 97071 Property Owner: Same cf NA TUR&OF-APPLlCA TION: The applicant requests site plan review approval to install field lighting around the new soccer field at Woodburn High School. -- RELEVANT FACTS: Last year, the Planning Commission granted approval of Site Plan Review 99-09 to allow installation of the new soccer field, a concession stand, and new lighting around the football field. The application did not include a request or plans indicating lights around the new ~occer field. The applicant, in the subject application, indicates, "It was our intent to have this included in the original Site Plan review, but due to miscommunication between the Woodburn School District and our Project Manager, it was omitted." The applicant has recently installed field lighting around the new soccer field at Woodburn High School. This installation was done without site plan review approval or issuance of a building permit. The City sent a letter to the applicant on August 23, 2000, informing them that both site plan review approval and issuance of a building permit were required. The applicant was given 30 days to either remove the lights or submit a site plan review ,. r 'IrT I4C application to allow the lights to remain. In addition, the applicant was directed to not turn the lights on until all necessary City approvals and inspections were obtained. The applicant has submitted this application to allow the lighting around the new soccer field to remain. The subject property consists of the new soccer field which is located near the northwest corner of the High School property and is approximately 200 feet south of Hazelnut Drive. The High School is located at 1785 N. Front Street and can be specifically identified on Marion County Tax Assessor's Maps as T5S, R1W, Section 7BD, Tax Lot 2300. The property is zoned PE (Public and Private Educational Use District) and has a comprehensive plan designation of Public Use. The new soccer field is located approximately 200 feet from Hazelnut Drive. The area between the soccer field and Hazelnut Drive is part of the High School and developed with a softball field. Property on the north side of Hazelnut Drive is zoned PUD/RS (Planned Unit Development with an underlying Single Family Residential District) and designated on the Comprehensive Plan as Residential <12 units per acre. This property is developed with single family residences which are part of the Ironwood At Tukwila PUD. Property to the east and south of the site are part of the High School and have the same zoning and Comprehensive Plan designations as the subject site. Property to the west is zoned RS and designated as Residential <12 units per acre. This property is undeveloped but is part of the Tukwila PUD and is expected to develop with single family residences. Page 2 ,. .'--.._--1""'\' w OCTOBER 18, 2000 TWO SECTIONS - 50 CENTS CANBY, OREGON VOl. 94 NO. 84 .__._--._-'--~--._.-.._-.."--_.__.- "- Cable system sale halted Millennium Digital Media pulls the plug on plans to purchase DirectLink division BY DAVID HOWEl...L. CMev f-i:RALO Millennium Digital Media has cancel~ its plans to buy Canby- based DirectLink: of Oregon's cable TV systems in Canby and Wood- burn. DirectLink:, a wholly owned sub- sidiary of Canby Telephone Associ- atioQ, has 28 cable TV employees in Canby and five in Woodburn, and operates cable TV systems in numerous neighboring and nearby towns. DirectLink: announced in mid- August that St Louis, Mo.-based MOM intended to buy its cable TV division for an undisclosed amount, pending franchise approval. However, MOM has since with- drawn its purchase offer, Di- rectLink reported Monday after- noon. DirectLink: and cr A President Richard Ares confmned the pro- posed sale had been halted. "Millennium said their business objectives had changed," Ares said. "We will continue to explore op- tions, including selling or merging our cable system with another qual- ified party. Regardless of these con- siderations, we will continue to op- Tum to CABLE on Page 11 111' )to :. c:. c:. 0:. 15A