Agenda - 02/28/2000 CITY C0¢_!1¥C!£ AG£1YDA
I £BR¢JAR¥2$, 2000 - 7:00
270 A4ontgomery Street * B/oodbum, Oregon
o
CALL TO ORDER AND FLAG SALUTE
ROLL CALL
ANNOUNCEMENTS AND APPOINTMENTS
A. February 29~ 2000 - 7:00 p.m. at City Hall - Commu~'ty genter Visioning
Town Hall Meeting.
February 29t 2000 - 6:00 p.m. - Woodburn Museum 2000 Leap Year
Party at the Bungalow Theater.
Meeting to discuss excursion/commuter train service - Monday, March 6,
2000 at City Hall. -- 7; ¢~o /~ r~
2000 -2001 City of Woodburn Operating Budget Workshop
Saturday, March 11, 2000 - 9:00 a.m. at City Hall.
Friends of the Library Book Sale:
Pre Sale-Thursday, March 16, S:O0 - 7:00 pm - $3.00 admission
Friday & Saturday, March 17 & 18 - 10:00 am - 4:00 pm
Woodburn Public Library Chautauqua Program:
March S, 2000 - 2:00 p.m. at City Hall - 'q~ne Tillamook: A Created Forest
Comes of Age", by Gall Wells of Oregon State Forestry Dept.
March 26, 2000 - 2:00 p.m. at City Hall - "Bridge Stories", by Sharon Wood
Wortman, Portland author.
PRESENTATIONS/PROCLAMATIONS
A. Regional public transportation and bus route through Woodburn to Salem.
COMMITrEE REPORTS
A. Chamber of Commerce.
B. Woodburn Downtown Association.
C. Woodburn School District.
COMMUNICATIONS
BUSINESS FROM THE PUBLIC (This allows the public to introduce items for
Council consideration not already scheduled on the agenda.)
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 February 14, 2000 regular and executive meetings .. 8A'
Page 1 - Council Agenda, February 28, 2000
10.
11.
12.
13.
14.
15.
16.
17.
C.
D.
E.
Library Board minutes of February 16, 2000 ....................... 8B
Planning Commission minutes of February 10, 2000 ................. 8C
Recreation & Park Board minutes of February 8, 2000 ............... 8D
Police Department Activity Reports for November & December 1999 .... 8E
PUBLIC HEARINGS
A. Boones Ferry Place Retirement Center (continuation)
TABLED BUSINESS
GENERAL BUSINESS
A. Council Bill No. 2026 - Ordinance adopting a supplemental budget for
Do
Eo
fiscal year 1999-2000 ......................................... llA
Council Bill No. 2027 - Ordinance granting a zoning change on certain
property located at 751 Young Street ............................ liB
Council Bill No. 2028 - Resolution entering into an amendment to
agreement with Union Pacific Railroad ........................... 11C
Council Bill No. 2029 - Resolution approving contract for professional
Services for Boones Ferry Road improvements ..................... 11D
Rejection of bids for purchase of used vehicles .................... 11E
Request for solicitors license from the U.S. Mission ................. 11F
PUBLIC COMMENT
NEW BUSINESS
SITE PLAN ACTIONS
A. Mall 99 remodel ............................................. 14A
CITY ADMINISTRATOR'S REPORT
MAYOR AND COUNCIL REPORTS
EXECUTIVE SESSION (A) To conduct deliberations with persons designated by the
governing body to carry on labor negotiations pursuant to ORS 192.660(1)(d); (B)
To consult with counsel concerning the legal rights and duties of a public body with
regard to current litigation or litigation likely to be filed pursuant to ORS
192.660(1)(h); (C) To consider records that are exempt by law from public
inspection pursuant to ORS 192.660(1)(f); (D) To conduct deliberations with
persons designated by the governing body to ne,gotiat, e~ rea~ property transactions
pursuant to ORS 192.660(1)(e). ~_~)~- [o~'~ ~-~-~ ~
18. ADJOURNMENT
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COUNCIL MEETING MINUTES
FEBRUARY 14, 2000
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, FEBRUARY 14, 2000.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding.
0007 ROLL CALL.
Mayor Jennings Present
Councilor Bjelland Present
Councilor Chadwick Present
Councilor Figley Present
Councilor Kilmurray Present
Councilor Pugh Present
Councilor Sifuentez Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Community Development Director Goeckritz, Finance Director Gillespie, Park &
Recreation Director Westrick, Police Chief Null, Public Works Manager Rohman, City
Recorder Tennant
0038
ANNOUNCEMENTS.
A) The Woodbum Museum will re-open on February 18, 2000.
B) City offices and the Woodbum Public Library will be closed on Monday, February
21~t, in observance of President's Day.
C) Public Works will host an open house on Wednesday, February 25th, at the City Hall
Annex located at the comer of First and Garfield Streets.
D) On February 28, 2000, 7:00 p.m., the City Council will continue the public hearing on
the Boones Ferry Place Retirement Center land use application.
E) A Community Center Visioning Town Hall meeting will be held on February 29th,
2000, 7:00 p.m., in the Council Chambers. Mayor Jennings encouraged interested
members of the public to attend this meeting to voice their opinions on this issue.
F) The Woodbum Museum 2000 Leap Year Party will be held at the Bungalow Theater
on February 29, 2000, beginning at 6:00 p.m..
G) Recreation and Parks administrative offices have moved from the 2"d floor of the
Community Center to City Hall.
H) Woodbum Public Library Chautauqua Program:
(1) March 5, 2000, City Hall, 2:00 p.m., "The Tillamook: A Great Forest Comes t0f
Age" by Gail Wells of the Oregon State Forestry Dept., and
(2) March 26, 2000, City Hall, 2:00 p.m., "Bridge Stories" by Portland author Sharon
Wood Wortman.
Page 1 - Council Meeting Minutes, February 14, 2000
COUNCIL MEETING MINUTES
FEBRUARY 14, 2000
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0090
PROCLAMATION: SPAY DAY USA - FEBRUARY 29, 2000.
Mayor Jennings read the proclamation declaring February 29, 2000 as Spay Day USA
within the City and encouraged local residents to have their animals spayed or neutered to
prevent over-population of animals or to sponsor the spaying or neutering of a dog or cat.
He presented the proclamation to Barbara Cannon of Woodburn who has diligently
worked with the human society over the years and he congratulated her for her work in
this area.
Ms. Cannon stated that she would be displaying the proclamation at the Library along
with spay/neuter material. She stated that this is a critical problem and resources are
available which include local veterinarian clinics and the humane society. By spaying or
neutering the animals, there would not be the need to kill as many animals each year due
to overpopulation.
0187
CHAMBER OF COMMERCE REPORT.
Patrick Vance, representing the Chamber of Commerce, updated the Council on the
following events:
1) The Chamber Forum will be held on Wednesday, February 16m, at the Woodburn
Family Medical Clinic. The guest speaker will be Annette Shelton of the Oregon
Employment Division on the topic of labor trends and demographics for workforce
planning.
2) The 46th annual First Citizen Recognition dessert social will be held on February 24th at
the United Methodist Church. The recipients of this year's awards will be notified
tomorrow and announced publicly in the Wednesday edition of the Woodburn
Independent. Don Cross of KWBY will be the Master of Ceremonies for this annual
event.
3) Preparations for the Tulip Festival are in progress and he expressed his thanks to
Administrator Brown for his input and willingness to participate in the planning stages
for this event.
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CONSENT AGENDA.
A) Special Council meeting minutes of January 17, 2000, Executive session minutes of
January 17, 2000, and the regular and executive session minutes of January 24, 2000;
B) Planning Commission minutes of January 13 and 27, 2000;
C) Library Board minutes of January 12, 2000;
D) Claims for the month of January 2000;
E) Building activity report for the month of January 2000;
F) Staff report on Highway 99E/MacLaren intersection and speed concerns;
G) Staff report on Oregon Transportation Network funding; and
H) Police Department activity report for the month of October 1999.
FIGLEY/PUGH... adopt the consent agenda as presented.
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Mayor Jennings suggested that Councilor Sifuentez share the staff report on the Highway
99FdMacLaren School intersection concerns with MacLaren Administrator Gary
Lawhead.
It was also noted that the new system development charges for transportation and parks
and recreation became effective on January 1, 2000.
The motion to adopt the consent agenda passed unanimously.
0301 COUNCIL BILL 2022 - ORDINANCE PERMITTING THE USE OF GOLF
0399
CARTS IN DESIGNATED AREAS.
Council Bill 2022 was introduced by Councilor Chadwick. The two readings of the bill
were read by title only since there were no objections from the Council.
Police Chief Null stated that he, along with Attorney Shields, have done a lot of research
on this issue and they feel comfortable with the language in this Council Bill.
Councilor Pugh stated that he would be voting for the passage of this bill however, he
was still hopeful that the State legislature would take action in the future to reinstate the
licensing of golf carts as it was prior to the Dept. of Motor Vehicles most recent action.
On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared
Council Bill 2022 duly passed with the emergency clause.
COUNCIL BII,I. 2023 - ORDINANCE GRANTING SUBDIVISION g99-02 AND
0473
VARIANCE g99-09 (OAKWOOD SUBDIVISION).
Councilor Chadwick introduced Council Bill 2023. Recorder Tennant read the two
readings of the bill by title only since there were no objections from the Council.
Councilor Bjelland suggested that the City may want to look into alternative methods of
enforcing conditions of approval since the County will no longer allow the recording of
Conditions of Approval since this type of document is not on the list of recordable
documents under the statute.
On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared
Council Bill 2023 duly passed with the emergency clause.
COUNCIL BILL 2024 - RESOLUTION ENTERING INTO AN AMENDMENT TO
OREGON DEPT. OF TRANSPORTATION AGREEMENT SUPPORTING
PUBLIC TRANSPORTATION.
Council Bill 2024 was introduced by Councilor Chadwick. Recorder Tennant read the
bill by title only since there were no objections from the Council. On roll call vote for
final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2024
duly passed.
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FEBRUARY 14, 2000
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0500 COUNCIL BILL 2025 - RESOLUTION AUTHORIZING AN AMENDMENT TO
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TI-W, OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM
INTEGRATION AGREEMENT.
Council Bill 2025 was introduced by Councilor Chadwick. The bill was read by title only
since there were no objections from the Council. On roll call vote for final passage, the
bill passed unanimously. Mayor Jennings declared Council Bill 2025 duly passed.
0527
ANNUAL OREGON LIQUOR LICENSE RENEWALS.
As provided for in the staff report, Chief Null recommended that the Council recommend
to OLCC the annual renewal of liquor licenses of the following establishments:
Packaee Store: AM/PM Mini Mart, Bi-Man, Crossroads, E-Z Stop Market, Gary's
Market, Lind's Market, OLCC Store #60, Piper's Jewelry, Rite Aid, Roth's IGA,
Safeway, Salvadore's Bakery I, Salvadore's Bakery Ill, Shop N Kart, Su Casa Imports, 7-
11 Store, Westview Texico, Woodbum Chevron, Young Street Market
Class "A" Dispensers: Chu's Eatery, Chung Sing Restaurant, The Pier, Yun Wah
Chinese Restaurant, Oregon Golf Assoc. Members Club Inc.
Class "B" Dispensers: Eagle's Lodge, Woodburn Elk's
Class "C" Dispensers: Lupita's
Retail Malt Bevera~,e: Abby's Pizza Inn, Denny's, La Unica, Pizza Hut, Raven Inn,
Sally's Pizza, Senior Estates Country Club, Taqueria Guadalajara, Woodburn Lanes.
Establishments which currently have compliance plans in effect are as follows: Chu's
Eatery, La Unica, and the Raven Inn.
Mayor Jennings stated that, after reading the staff report, he was encouraged by the
positive efforts made by the Police Department and the establishments to work together to
reduce calls for service.
PUGH/FIGLEY... recommend to OLCC the annual renewal of liquor licenses as listed
in the staff report.
The motion passed unanimously.
O565
PUBLIC HEARING: 1999-2000 SUPPLEMENTAL BUDGET.
Mayor Jennings declared the public hearing open at 7:21 p.m..
Finance Director Gillespie stated that the budget revisions had been reviewed by the
Budget Committee as part of a mid-year review of the current year's budget document.
The Budget Committee recommended the adoption of a supplemental budget which will
make adjustments to the budget based on financial needs prior to June 30~. He briefly
summarized some of the proposed adjustments that involve larger dollar amounts: ~'
1) addition of a new position which will promote civic events, write grants for all
departments, and manage the Museum;
2) City Hall annex remodeling involved substantially more money than originally
anticipated and additional funds have been included in the budget for the remodeling of
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the south end of City Hall which houses the Community Development department;
3) increase costs associated with the installation of the new telephone system;
4) HVAC repair to the Library will cost an estimated $218,000. The supplemental budget
will add $49,000 as a General Fund expense and $89,000 from the Library Endowment
Fund. The Endowment Fund will be replenished in the upcoming budget year through a
transfer from the General Fund Library reserve fund.
5) increased property taxes over the original projections will provide $150,000 to
$200,000 in revenue and this budget proposal would add $150,000 in revenue to balance
the supplemental budget.
6) Park's SDC's have increased over the original projections due to a combination of
growth and a rate increase which took effect January 1, 2000. The supplemental budget
will offset a 1998-99 deficit from the construction of Centennial Park ($36,000) and will
fund the construction of restrooms at Centennial Park ($50,000) during this year.
He also stated that there is a need for the City to hire a Trustee to handle the foreclosure
of the Salud building on Front Street. It is estimated that the cost for this service will be
approximately $3,000.00. This budgetary item was not part of the budget proposals
submitted to the Budget Committee and he requested that it be added to the supplemental
budget ordinance as a transfer of operating contingency to the Materials & Services
category within the City Attorney's office.
No one in the audience spoke either for or against the proposed supplemental budget.
Mayor Jennings declared the public hearing closed at 7:30 p.m..
FIGLEY/SIFUENTEZ... authorize staff to return with an ordinance making the budget
transfers and supplemental budget appropriations scheduled in the staff report, with the
addition of $3,000 for foreclosure Trustee services, at the next regularly scheduled
meeting of the Council. The motion passed unanimously.
PUBLIC HEARING: ZONE CHANGE g99-07 FOR PROPERTY LOCATED AT
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751 YOUNG STREET.
Mayor Jennings opened the public hearing at 7:32 p.m..
The Mayor declared a conflict of interest should there be a tie vote since the property is
owned by his sister-in-law and that he would not participate in any discussion on this
issue. I-Ie also stated that the applicant is not in attendance at this meeting since public
speaking makes her very nervous. If there are any questions from the Council, he is
willing to answer questions pertaining to this issue.
Recorder Tennant read the land use statement as required by ORS Chapter 197.
Community Development Director Goeckritz stated that the property is located at 751
Young Street and consists of approximately .59 acres. The Comprehensive Plan :;
identifies the property as potentially being amended to multi-family residential
designation rather than the current single family designation. He also stated that the
properties to the south of this property, in addition to the properties on the north side of
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Young Street, are also designated as multi-family residential on the Comprehensive Plan
map. There is a single family structure on the property in addition to a fairly large garage
which sits on the rear portion of the property. There is potential for an acreage of this
size to have (1) 16 single family units (1 bedroom), or (2) 7 or 8 units with 2-bedrooms, or
(3) 3 or 4 single family residential units. The Planning Commission signed a final order
on January 27, 2000 recommending that the City Council approve the zone change with
the conclusion being that the application satisfies all of the approval criteria relating to
the zone ordinance procedures.
Councilor Pugh questioned if the properties across the street from this parcel are currently
single family residences even though the Comprehensive Plan would allow for multi-
family residential use.
Director Goeckritz stated that the zone map shows that all of the parcels on the south side
of Young Street in the vicinity of this parcel is presently zoned multi-family.
No one in the audience spoke either for or against the proposed zone change.
Councilor Pugh questioned if there would be any dangerous trend in changing the
designation for this particular parcel.
Mayor Jennings stated that his sister-in-law has a sale pending and it is the buyers intent
to turn the shop located at the rear of the property back into an apartment which is what it
was many years ago. The building in the back of the property housed the old ambulance
service and it is plumbed for habitable use. The house on the property would also remain
as is and would be a rental unit.
Mayor Jennings declared the public hearing closed at 7:42 p.m..
FIGLEY/KILMURRAY... concur with the Planning Commission's final order and
approve zone change 4/99-07 and instruct staff to prepare an ordinance to substantiate the
Council's decision. The motion passed unanimously.
Willis Grafe, 1328 Dogwood Drive, thanked the Public Works staff for the painting of the
yellow curb in the vicinity of the Mid-Willamette Community Church. Parking has
become a problem in the area since the lot is too small for the number of parishioners and
overflow parking is in the street area. The yellow curb will keep areas adjacent to
residential driveways more open thereby improving the safety of motorists.
He also stated that the air flow in the back of the Council Chambers blows directly down
to the floor and he questioned if deflectors could be used to disperse the air flow thereby
making the room more comfortable.
SITE PLAN ACTIONS.
A) Site Plan Review g99-23: Expansion of veterinary clinic located at 215 S. Pa~:ific
Highway.
No action was taken by the Council on this issue.
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B) Site Plan Review g99-24: Warehouse building 'on North Front Street.
No action was taken by the Council on this issue.
1325
CITY ADMINISTRATOR'S REPORT.
Administrator Brown stated that he has copies of the revised Comprehensive Plan and
Zoning maps available for the Council to be picked up after this meeting.
1336
MAYOR AND COUNCIL REPORTS.
Councilor Kilmurray stated that concerned citizens have contacted her regarding
motorists traveling along Highway 99E who are not stopping when the traffic light tums
red.
Chief Null stated that this is also a concern that he shares and he will be bringing forth a
grant that has been awarded to the City which would allow for the purchasing or leasing
of motorcycles to work traffic. If this program is approved, it will allow for a traffic
enforcement team.
Councilor Kilmurray also stated that residents in the area are concerned about motorists
speeding on Hardcastle and she questioned if a 4-way stop at either Orchard or
Greenview would be a feasible option for the purpose of slowing down the traffic.
Director Tiwari stated that staff will do a traffic engineering study to review traffic
patterns and the speed of vehicles utilizing Hardcastle. The purpose of installing stop
signs is to allow safe traffic movement rather than slowing down traffic. He also
expressed his concern that pedestrians are still walking on the north side of Hardcastle
even though a new sidewalk was installed on the south side of the roadway. He
encouraged pedestrians to use the sidewalk since it was installed as a safety measure.
Mayor Jennings stated that some cities are now installing shallow speed bumps for the
purpose of slowing down traffic.
Director Tiwari stated that police and fire agencies are the major recipients of damage to
vehicles. The Fire Department has also written a letter to his department objecting to
placement of speed bumps since response time is of primary importance and speed bumps
slow down their vehicles.
Councilor Kilmurray stated that she is the Council liaison to the Fire Department and she
will take it up with the Fire Department, Ambulance Service, and Police.
Councilor Bjelland stated that he is a member of a statewide Modeling Application
Program which is an activity to look at integrating land use and transportation issues to
arrive at a model that allows entities, organizations, and policy makers to evaluate various
alternatives. A presentation will be made to the Governor's Community Solutions ~eam
on February 15th on the state of affairs of Oregon's model. At the meeting, an update will
also be given on (1) the I-5 trade corridor study and (2) the I-5 corridor study. In regards
to the I-5 corridor study, the primary research and analysis has been completed and a
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report is being developed. The report will be on 2 CD-ROMs and will include aerial
photographs of the entire 1-5 corridor along with an extensive analysis of all of the
interchanges along 1-5. He suggested that the City obtain the CD-ROM's when they
become available in April or May of this year.
Councilor Bjelland also expressed concern regarding the City's inability to record
conditions of approval on subdivisions based on the County's determination that they will
no longer record documents that are not specifically listed as a recordable document
under state statute.
Mayor Jennings stated that he has discussed this issue with Administrator Brown who
feels that rules can be put into place that will provide for the enforcement of the
conditions of approval.
Administrator Brown stated that staff will still look at each case individually to see if they
can convince the County to record the document. He is suggesting that a tracking system
be put into place to make sure that each condition is tracked until all of the conditions are
satisfied.
Discussion was held as to whether or not the conditions of approval can be incorporated
into the CC&R's which is still allowed to be recorded under the state statute. Another
suggestion is to include the conditions of approval on the plat map.
Administrator Brown stated that staff will look into the alternatives and provide a report
back to the Council.
Councilor Sifuentez stated that the speed reader board previously placed on Lincoln
Street has reduced the traffic speed in her neighborhood. She also informed the Council
that she will be out of the country from February 25th through March 5th.
Councilor Pugh stated that he appreciated the support given by Willis Grafe towards
solving our transportation problems. He has regularly attended the Mid-Willamette
Valley Committee on Transportation meetings and played an important role at those
meetings. He suggested that, at one of the future Council meetings, he be placed on the
agenda for the purpose of giving a summary of where the Transportation Committee is at
on the I-5 interchange issue. Passage of the gas tax will provide funding for the
interchange project.
Councilor Figley requested that the engineering staff also look at the traffic flow along
Settlemier which is becoming more hazardous for motorists trying to make left tums.
Mayor Jennings stated that the Buildable Lands report has been compiled and ready for
review.
Director Goeckritz stated that the next step of this process is to take the report to the
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Planning Commission for review and recommended changes. It will then be forwarded to
the Council for review. Once approved, it will be used by the Council to formulate
comprehensive plan goals and policies, and to formulate zoning ordinance standards. The
document will be forwarded to the State for the purpose of informing them as to the
direction the City is moving with implementing ordinances and the comprehensive plan.
Mayor Jennings stated that he has begun to read the document and is finding that the
narratives are much more important as to what is going on rather than all of the charts and
figures in the document. He also stated that staff has taken exceptions to some items in
the report that are contrary to the consultants conclusions.
Director Goeckritz stated that staff is anxious to get this document finalized so that
updates to the Comprehensive Plan and the Zoning Ordinance can be made in
conformance with the document. Staff is also looking for grant funding to provide for a
consultant that would assist the City with Goals 9 and 10. These goals will also have an
impact on what the Buildable Lands report reflects.
Councilor Bjelland stated that, in his work for the State, he is in the process of putting
together a methodology for communities to address their housing needs analysis part of
the Comprehensive Plan to come into conformance with Goal 10. A pilot project
utilizing several Willamette Valley cities is being implemented and the results may be
used as a template that communities will take to address the legislature's requirement for
Goal 10 (housing goal).
Administrator Brown stated that staff has put together an application for a periodic review
grant for approximately $30,000 - $40,000 with an equal amount to be matched by the
City. The study would look at the current economic condition of the City to do an
analysis on advantages and disadvantages, and strengths and weaknesses in the
community to determine what needs to done to provide for a better economic mix rather
than the current economic mix. Additionally, it would be taken one step further to look at
the industries targeted in the Buildable Lands report which includes high-tech companies,
growth companies, speciality instruments, and specialty furniture since they have higher
than average paying jobs.
3004
EXECUTIVE SESSION.
Mayor Jennings entertained a motion to move into executive session under the authority
of ORS 192.660(1)(d), ORS 192.660(1)(h), ORS 192.660(1)(f), and ORS 192.660(1)(e).
FIGLEY/PUGH... adjourn to executive session under the statutory authority cited by
Mayor Jennings. The motion passed unanimously.
The meeting adjourned to executive session at 8:28 p.m. and reconvened at 9:44 p.m..
Mayor Jennings stated that no decisions were made by the Council in executive session.
The Mayor also informed the Council that March 2ud is "Read Across America" day and
he will be reading to 8 or 10 kindergarten classes on that day and our School Resource
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Officer will read to several spanish speaking kindergarten classes.
3015
ADJOURNMENT.
FIGLEY/SIFUENTEZ .... meeting be adjourned. The motion passed unanimously.
The meeting was adjourned at 9:46 p.m.
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 10 - Council Meeting Minutes, February 14, 2000
Executive Session
COUNCIL MEETING MINUTES
February 14, 2000
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DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, FEBRUARY 14, 2000.
CONVENED. The Council met in executive session at 8:35 p.m. with Mayor Jennings presiding.
ROLL CALL.
Mayor Jennings Present
Councilor Bjelland Present
Councilor Chadwick Present
Councilor Figley Present
Councilor Kilmurray Present
Councilor Pugh Present
Councilor S ifuentez Present
Mayor Jennings reminded the Councilors and staff that information discussed in executive session is
not to be discussed with the public.
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director (8:35 pm to
8:43 pm), Police Chief (8:44 pm to 9:07 pm), City Recorder Tennant
The executive session was called under the following statutory authority:
1) ORS 192.660(1)(d) to conduct deliberations with persons designated by the governing body to carry
on labor negotiations;
2) ORS 192.660(1)(h) to consult with counsel concerning the legal rights and duties of a public body
with regard to current litigation or litigation likely to be filed;
3) ORS 192.660(1)(0 to consider records that are exempt by law from public inspection; and
4) ORS 192.660(1)(e) to conduct deliberations with persons designated by the governing body to
negotiate real property transactions.
ADJOURNMENT.
The executive session adjourned at 9:42 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
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MINUTES
MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD
DATE:
ROLL CALL:
STAFF PRESENT:
GUESTS:
CALL TO ORDER:
SECRETARY'S
REPORT:
February 16, 2000
Phyllis Bauer - Excused Barbara Pugh - Present
Kay Kuka - Excused Pat Will - Present
Dorothy Jaeger - Present Mary Chadwick - Present
Ex-Officio
Linda Sprauer, Director
Judy Coreson, Recording Secretary
None
President Pat Will called the meeting to order at 12 Noon.
The monthly Board minutes of January 12, 2000 were approved as
submitted.
DIRECTOR'S
REPORT:
Monthly Statistics: The monthly statistics were self-explanatory. The
number of people visiting the library for the month of January was
14,535.
Activities: A list of activities was distributed to the Board. The
Chautauqua program on Sunday, February 13, "Plateau Tribes of
Oregon and Washington" was well attended with 80 people filling all
of the Council Chambers' chairs. The library will be closed on
Monday, February 21, for President's Day Holiday. On March 16,
garden designer and author, Barbara Ashmun, will focus on her
newest book,"Garden Retreats: Creating an Outdoor Sanctuary".
Public Works Department is having an Open House at their new
building on Friday, February 25, from 2 to 4 P.M.
An Open Community Meeting is scheduled for Tuesday, February 29
at 7 P.M. at City Hall Council Chambers concerning the development
of a new Community Center.
Staff News: Bill Burr resigned from his part-time Library
Assistant/Security Monitor position. Interviewing for this position is
scheduled for next Wednesday, February 23.
Volunteer of the Month: Betty Cox was chosen Volunteer of the
Month for January.
Project Update - HVAC: Final wording of the contract is being worked
on for the HVAC repairs. Repairs will begin at the end of March and
be completed by May 15.
Self-Check Out: Linda thought she would have had this unit on order,
but it needs to go out for a formal bid. 3M Company has a 15%
discount off the base price through March.
Shelving: The shelving project has not been completed as yet. Since
the City's Maintenance Crew has finished other city projects, they
should now be able to finish assembling the shelves. On Thursday,
March 9th, the library will be closed for a work day to complete the
final materials and furnishings move. Linda will request one
custodian to be of assistance on that day.
Computers: The new computers have been purchased, but more of
Gerald Leimbach's time is needed to complete the installation. One
of the new Internet computers will be designated as "Quick Use" and
will be placed on the stand up tables with the public access terminals.
After a fourth Internet computer is put in place, reservations by
telephone will no longer be made.
Long Range Plan: Linda discussed the need to have members of the
community serve on a committee to develop a long-range plan for the
library. Linda suggested having a consultant facilitate this meeting.
A staff long-range plan survey has been done and a public survey
could be completed before this committee would meet. Linda asked
the Board for names of people who might be interested in serving on
the committee for long-range planning or Library District planning.
Linda distributed information concerning Governance Standards for
Oregon Public Libraries. Linda has shown how Woodburn Public
Library meets these guidelines. In some cases we are close to the
"exceeds standards"; in other cases we barely meet the "minimum
standard".
Library Board Minutes - 2/16/00 2
NEW BUSINESS:
Library District: Part of the library long-range plan may include a
Library District. Linda and Pat plan to visit the surrounding area City
Council meetings to discuss the possibility of a Library District.
OLD BUSINESS:
Fund-Raiser for Carnegie Building Exterior: Barbara commented on
ideas that she had given to John Brown, City Administrator. He
suggested the possibility of going into a "partnership" for housing of
the Berry Museum, bookstore, art gallery, or other small enterprise.
The City has received a letter from Darlene Hooley asking for projects
that the City needs funded. Hopefully, this project could qualify for
money from government funds. Therefore, the fund-raiser is on hold
to see if Federal funding will be available.
NEW BUSINESS:
Budget Proposal 2000-2001: Linda distributed a copy of the library's
base-line budget for fiscal year 2000-2001, which shows what money
is needed next year to fund the same items as this current year. The
next step will be to add funding for additional items by February 29th.
BUSINESS TO/FROM
THE CITY COUNCIL
AND/OR MAYOR: None
ADJOURNMENT: The meeting was adjourned at 1:30 P.M.
Respectfully Submitted,
Recording Secretary
Library Board Minutes - 2/16/00
3
WOODBURN PLANNING COMMISSION
February 10, 2000
CONVENED The Planning Commission met in a regular session at 7:00 p.m. with
Chairperson Young presiding.
ROLL CALL
Chairperson Young P
Vice Chairperson Cox P
Commissioner Fletcher P
Commissioner Grijalva A
Commissioner Lima P
Commissioner Mill P
Commissioner Bandelow P
Commissioner Lonergan P
Commissioner Heer P
Staff Present:
Steve Goeckritz, Community Development Director
Jim Mulder, Senior Planner
Scoff Clark, Assistant Planner
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Chairperson Young welcomed everyone in the audience.
MINUTES
January 13, 2000
Commissioner Mill referred to page 10 of the January 13, 2000 Planning Commission
Minutes and commented he had a lot more to say than just the one paragraph. He stated
he is curious as to what the criteria is for the summary in the minutes.
Staff inquired whether he would like staff to go back and expand on those?
Commissioner Mill replied affirmatively. He said the point he wanted to make was that it
was single family and he also rebutted portions of what the applicant's assertion was as
far as it being located next to a church and was going to bring down his values etc.
Commissioner Mill stated he would like those comments included in that record.
Staff responded he will certainly incorporate this information into the minutes.
Commissioner Fletcher inquired if the public record also includes the tapes and if so, can
someone listen to the tapes for the full comments if they have a dispute?
Staff replied yes. However, staff will certainly incorporate Commissioner Mill's statement
into the minutes.
Planning Commission Meeting - February lO, 2000 Page 1 of 10
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Chairperson Young pointed to the top of page 3, and indicated Cox was left off Vice
Chairperson.
Commissioner Lonergan moved to approve the minutes of January 13, 2000 with the
stated changes. Commissioner Fletcher seconded the motion. Motion carried.
January 27, 2000
Commissioner Bandelow pointed out Commissioner Heer was absent for this meeting.
Vice Chairperson Cox referred to his comment on the bottom of page 3 and requested it
read "...between the Zoning Ordinance and the Sign Code."
Commissioner Lima moved to accept the minutes with the noted correction. Motion was
seconded by Commissioner Mill which carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
A. Introduction of Scoff Clark, Assistant Planner
S-~aff introduced Scoff Clark, the new Assistant Planner. Scoff stated he came from the
City of Sherwood which he worked for about a year along side Jason Tuck (former City
Planning Staff). Scott remarked he originally came from Spokane, Washington. He also
commented he graduated from Eastern Washington University and shortly before that he
worked for the City of Spokane. He said he is presently living in Salem.
Chairperson Young welcomed him to Woodburn.
Commissioner Lonergan asked if he has any plans to move to Woodburn?
Scott Clark. replied he had no plans at this time but it depends on where his fianc6 ends
up.
B. City Council Minutes of January 6, 2000 (Workshop) and January 10, 2000.
St--afl reported these are put in the Planning Commission packets for informational
purposes only.
Chairperson Young thanked Staff for including these in the packets.
PUBLIC HEARING
None
FINAL ORDERS
None
Planning Commission Meeting - February 10, 2000 Page 2 of 10
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DISCUSSION ITEMS
A._~. Site Plan Review 99-25, (Mall 99 remodel), Nicholas Vance, applicant.
(Administrative Review)
Chairperson Young inquired if the archway was the only thing the project needed for the
administrative approval?
Staff answered the archway and the parking lot improvements. He reported they already
have a permit for the residing of the building.
Staff also commented the applicant has agreed to provide additional landscaping as
suggested by Staff.
Commissioner Lonergan stated this suggestion came from Staff. He said he would like to
see a lot of business do that. Commissioner Lonergan inquired whether the applicant has
to provide additional lighting and a stop sign as recommended by the Police Department?
Staff said they were not included as conditions but as comments.
Commissioner Loner,qan inquired why were they not included as conditions?
Staff replied Staff does not necessarily agree with all of the Police conditions. As far as
posting stop signs at every driveway, Staff remarked he does not see any justification for
this request. He stated the applicant is required to submit a lighting plan which is
something Staff coordinates with the Police Department. Staff commented perhaps this
project generated more interest with the Police Department because their new substation
is located in the project site and the officer generating the comments happens to be new
to the department.
Commissioner Lonergan asked if the lighting plan is a suggestion or mandatory?
Staff responded it is optional. Staff also commented there are situations where the Police
Department will impose certain conditions that are required. Most often, however, the
Police Department just recommends.
Commissioner Lima asked how often are these recommendations followed?
Staff explained they are followed if they are established as conditions. However, it would
be a difficult guess on his part to know when the Police Department recommendations are
followed.
Commissioner Lonergan inquired whether the additional pole lighting needed on the
northeast corner of the complex be put down as a condition?
Planning Commission Meeting - February 10, 2000 Page 3 of 10
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Staff stated it should not necessarily be a Police Department decision. He added a code
standard must be established if a condition is to be set for lighting on site.
Commissioner Lonergan commented there should be some agency that enforces this
because it is an unsafe area. If not the Police, then who?
Staff said this is something that should be reflected by Ordinance. We should have some
criteria to base that on.
Commissioner Mill remarked there should not be governmental interference because it is
private property. This will be a risk management issue for the property owner. He added
it will be incumbent upon the property owner to make that decision in their own best
interest.
Staff said he has informed the applicant that a full site plan review would be required if
they were to put new uses in the back building that would be considered change of use.
Vice Chairperson Cox stated what the applicant is proposing is good. Secondly, he
wonders why our ordinances are written in such a way that this even requires this type of
report to be written. Vice Chairperson Cox commented this is the sort of thing that ought
not come before Planning Commission. He suggested in the process of revising the
Zoning Code, we rethink whether or not it is really justified in terms of Staff and
Commission time to worry this much about a very minor project in terms of the level of
change that is being made in already existing situations. Vice Chairperson Cox said the
project is already underway and wondered if a building permit has already been issued?
Staff explained Vice Chairperson Cox came in right after his presentation. He said they
are under permit to reside the facade of the building only.
Commissioner Bandelow interjected if they did not look at this, would we have more bright
yellow buildings in Woodburn?
Vice Chairperson Cox remarked the principal as he understands it, if there are clear and
objective standards, then we do not have to have review by a body such as ours. On the
other hand, if it involves issues of expression or judgement, do we like it or don't like it
based on subjective standards, then we are required to review this and notice must be
given to other neighboring property owners. He stated this application does not involve
questions of judgement but involves an application of existing objective standards. Vice
Chairperson Cox commented if we do not have the authority to say you must enforce the
Police Department recommendations, then we ought not to be involved in it.
Vice Chairperson Cox moved to accept Staff's decision on this matter.
Fletcher seconded the motion, which unanimously carried.
Commissioner
Planning Commission Meeting - February 10, 2000 Page 4 of 10
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B__~. Site Plan Review 99-27, OGA Properties Maintenance Building addition of a
24' wide x 48' long pole barn, 20t Hazelnut Drive, Oregon Golf Association
Properties, Inc., applicant. (Administrative Review)
Commissioner Mill moved to accept Staff's recommendation as outlined in the Staff Report.
Commissioner Lima seconded the motion. Motion unanimously carried.
C__~. Jack-in-the-Box request for approval of off-premise sign. (Continued from
1-27-00)
Vice Chairperson Cox commented the City Attorney's opinion basically answers the
questions he was concerned about in the affirmative. He said we need to notify the
neighbors and handle this as a quasi-judicial land use decision. Vice Chairperson Cox
moved that the matter be deferred until such time the appropriate notices have been given
to the neighborhood and appropriate people that are entitled to get notice of this, and that
we bring it back at such time that the notice has been given. Commissioner Bandelow
seconded the motion. Motion carried.
Chairperson Youn_q requested Staff do this in a timely manner so that they can continue
with their plans of constructing and opening in a timely manner.
Staff reported the attorney's opinion regarding which sign code provision applies in the ID
District was that the ID District zoning provision allowing a freeway oriented sign, 45' in
height, 250' square feet in area, does not apply anymore. He added it has been
superceded by the Sign Ordinance that was adopted in 1992. Staff stated this will affect
Jack-in-the-Box's sign proposal. He also mentioned Arby's proposal to come in with a
combined sign with another tenant where they would both go on the same pole (45 feet
high, 200 square feet) is out the window with the City Attorney's opinion. Staff said he
thinks the applicant will probably return with a Variance application. Staff requested
direction from the Commission whether they would look favorably upon combining four
tenants on one sign that would have greater height, i.e. 85 feet tall. He reported the
burden would be on the applicants to demonstrate that they need that height to be seen
from the freeway.
Staff. inquired what the Commission feels would be better as a recommendation to these
people that might be interested locating the four businesses?
Chairperson Young feels he would be more in agreement with a multiple use single sign
standard but not 85 feet tall. He would like to have a standard height a bit higher than what
our standard is now but he does not see where that should be any higher as long as you
can fit signs in and still readable from the freeway. Chairperson Young further commented
he thinks they should not be bigger than the signs currently in that area. However, not as
large as the Company Stores because that's a huge complex that is advertising more than
just a business. In closing, Chairperson Young stated he is in favor of the 75 square foot
size on a single standard. ,~,
Planning Commission Meeting - February IO, 2000 Page 5 of 10
8C
Commissioner Lima questioned Staff if we can come up with an ordinance that if a
business within that area decides to ask for an advertising sign, to make sure this is going
to be shared with others.
Staff explained there are several sign alternatives: (1) one pole which can be shared with
potentially four different commercial uses (2) make allowance for individual signage,
four different poles of 75 square feet. Additionally, we might find those four property
owners, each possibly wanting a different height to be able to be seen from the freeway.
Staffs opinion at this time is maybe it would be better if there is some kind of collective
signage on one pole to accommodate all four.
Commissioner Bandelow asked what is the height of the Texaco sign?
Staff replied it is in the range of 45 feet.
Commissioner Bandelow inquired if she is wrong in her assumption that as more
businesses fill that area, the need for those high signs actually decreases? She
commented she would rather see four together that were a little taller than four separate.
Vice Chairperson Cox said he understands this is table talk but nevertheless, he thinks the
Commissioners are reasonable people and if the owners can come in with some kind of
a proposal that meets their needs and cuts down the sign clutter, he suspects the
Commission would approve it. He stated he does not want to commit himself ahead of
time until he sees the application.
Staff clarified they were just trying to get some general feedback from the Commission.
Commissioner Heer suggested we find out what some of the other interchanges have
done.
Chairperson Young commented this is an innovative approach to the problem but he
would like to see more information regarding this issue.
Staff will attempt to be creative.
Vice Chairperson Cox re-emphasized that he has no heartburn with what Jack-in-the-Box
proposes to do. He added he is sorry they are caught up in this procedure.
Commissioner Mill commented it is good that Jack-in-the-Box came up because now we
have a chance to actually get this thing out here and we are not stepping on our feet as
we're walking. He also apologized to Jack-in-the-Box but also expressed gratitude to them
for giving the Commission a chance to bring this forward.
Planning Commission Meeting - February I0, 2000 Page 6 of 10
8C
REPORTS
A._~. Growth Management Program Status Report
Staff reported this report was an effort of nine people under the Growth Management
Committee. He added the committee worked over a year to help put this report together.
Staff commented they will find a certain amount of controversy in the report between what
the consultant has recommended, what the State would like to see and what the Growth
Management Committees decisions were. Staff would like the Commission to go over the
material during the next couple of weeks. He added he would like to come back at the next
Commission meeting setting aside a certain amount of time after Public Hearing as kind
of a workshop to discuss what the proposals of the Growth Management Committee are.
Additionally, after that discussion, Staff would like the Commission to formulate some
recommendations on their own as to whether or not they agree with the Growth
Management Plan. He stated he would like to incorporate as an appendix to this report
any additional insights the Commission might have prior to handing them off to the City
Council for final review.
Vice Chairperson Cox questioned Staff whether this issue requires a Public Hearing before
the Commission to hear citizen input before they make a recommendation or do they just
make their recommendation based on the report?
Staff responded they would be making a recommendation based on the report. He added
it is not a document that will be adopted as any ordinance but a document that will help us
in the future when we are developing Comprehensive Plan policy and Zoning Ordinance
amendments etc. These would be reviewed at the time that the Council has finalized the
review of this and possibly incorporate it into a hearing so that material can be added to
a Plan or Zoning Ordinance.
Commissioner Mill suggested a copy of the Growth Management Program report be made
available to the U.S. Bureau of Census. He commented the raw data in the report would
be very helpful in accurately determining what is the Woodburn population versus the
statistical sampling. Secondly, there are many benefits that come to the City of Woodburn
from an accurate count of population and breakdowns as what are listed in the report.
Furthermore, he said we can reap some much greater benefits i.e., future eligibility for
grant programs, if we provide them with this information with a cover letter explaining why
we are providing them with the information.
Staff will send this information to the U.S. Bureau of Census.
BUSINESS FROM THE COMMISSION
Chairperson Young said the railroad tracks on Hardcastle and Front St. are much higher
than the asphalt. He stated there are big gaps between the asphalt and the tracks.
Staff will inform the Public Works Department.
Planning Commission Meeting - February 10, 2000 Page 7 of 10
Vice Chairperson Cox apologized he was not present when the Commission went through
the process of approving the minutes of the meeting of January 27, 2000. He referred to
his comment found on page 3, second paragraph and requested his comment read: "...
between the Zoning Ordinance and the Sign Code." Additionally, Vice Chairperson Cox
indicated he read with interest the minutes of the Council Meeting with regards to
Vanderbeck Street. It was Vice Chairperson Cox's opinion that the Planning Commission
has been ignored or that some changes have been made which were not approved by
them. He indicated what was proposed to the Commission at that time and what was
shown on the plans that were approved by the Planning Commission was a standard street
from Boones Ferry all the way back and not a narrow street at the beginning. Vice
Chairperson Cox expressed his displeasure with the situation and requested an
explanation to this issue.
Staff responded he could not give him an answer on this because he does not recall what
was said. He stated he will pull the record to see what the Commission said and he will
also go to Public Works and find out what the situation is. Staff will get back to Vice
Chairperson Cox with an answer regarding this issue.
Chairperson Young recalled they were going to move the street over to the other side so
they could have the standard street and the development would be reconfigured that much
to allow the standard.
Staff will get with Public Works regarding this issue.
Vice Chairperson Cox expressed his concerns that the Commission was specifically told
that there would be a standard street and yet somebody made the decision that there
should not be a standard street and they let it get by with less. He commented there is
something wrong with our system if this is what happened.
Commissioner Heer informed Tukwila Drive between Boones Ferry and Front Street is
becoming a speedway. She reported vehicles are turning on Miller Farm Road trying to
cut through all the traffic on Boones Ferry. She suggested either the Police be notified
and/or Public Works needs to put a couple of stop signs to slow speeders down.
Commissioner Heer inquired why was the Commission stiffed regarding the Links @
Tukwila and the retirement facility?
Staff explained the Council had to hold a special meeting so that the 120 day rule would
not be violated. Secondly, there were several concerns raised by the Commission and the
developer attempted to meet some of those concerns by modifying the plan. The City
Council felt that those concerns had been addressed adequately so enough that they
would go ahead and approve the development.
Commissioner Heer inquired why were we running out of time when there was ;three
months for processing?
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Planning Commission Meeting - February 10, 2000 Page 8 of 10
8C
Staff explained there was only one Planning Commission and Council meeting scheduled
the months of November and December which allowed it to run out of time because of
these meeting schedules.
Commissioner Heer asked if the applicant can request that the 120 day rule be extended?
Staff replied affirmatively and indicated this has on occasion occurred with the Planning
Commission i.e. Oakwood Subdivision.
Commissioner Heer expressed her concerns with the applicant not being willing to extend
out the period. She went on record to say that it bothers her that it was almost a sense
of favoritism. Commissioner Heer inquired why it was not brought back to the Commission
when it could have been?
Staff explained it is the applicant's prerogative to decide whether he wants an extension
to the120 day rule.
Commissioner Bandelow remarked it should be pointed out that an 120 day rule does not
require approval but only requires a decision. She stated a decision could have been
made to deny if the applicant did not want to extend the time and then they could have
come back.
Vice Chairperson Cox commented the Council were kind of caught between a rock and a
hard place regarding this issue. He stated the trouble is in the initial approval of Tukwila,
nobody knows right now exactly what was approved and what was not approved. Vice
Chairperson Cox said most of the Commission's concerns were addressed. He was
disturbed in that we have pushed the problem to the back of the reom and that at some
point in time we're going to have to decide what was and was not approved in Tukwila.
Vice Chairperson Cox indicated until that issue is resolved one way or the other, we're just
postponing the inevitable problems that are going to have to be faced some day regarding
this issue.
Commissioner Lima expressed his concerns with this situation occurring again with a future
application.
Commissioner Mill stated he has issues with the Commission making a decision that said
the application does not meet standards and then the applicant went back essentially With
a new application and redid it. Commissioner Mill referred to the issue of speed bumps
and commented there are a lot of Iow speed bumps that are better designed. He inquired
whether the Public Works Department have researched these as a possible solution to
some of the more needling problems with speeding vehicles and traffic control in the area
as an alternative?
Staff answered he does not know whether there has been research on the part 6f the
Public Works Department. Staff stated he will invite Frank Tiwari, Public Works Director
Planning Commission Meeting - February I0, 2000 Page 9 of 10
8C
to participate in a friendly visit with the Commission to address these issues.
ADJOURNMENT
Commissioner Mill moved to adjourn the meeting. Motion was seconded
Commissioner Lonergan. Motion carried. Meeting adjourned at 8:15 p.m.
by
Planning Commission Meeting - February 10, 2000 Page 10 of 10
8I)
MINUTES
WOODBURN RECREATION AND PARKS BOARD
February 8, 2000
Council Chamber, City Hall
1. CALL TO ORDER - The meeting was called to order at 7
~rryl Kelly.
2. ROLL CALL - MEMBERS PRESENT: Sharon Felix, Greenwell, Frank
Anderson, Patricia Watts, Herb Mittmann and Kathy Figley,
MEMBERS ABSENT: Debbie Wolfer
STAFF PRESENT: Randy Westrick, Recreation & Pai~l~ector; John Pitt, Maintenance
Supervisor; Jen Goodrick, Volunteer, and Pat Chandler Smith from the Office
3. APPROVAL OF MINUTES - Frank Anderson moved that the Minutes of the January
11, 2000, meeting be approved; Sharon Felix seconded his motion, and it passed unanimously.
4. BUSINESS FROM THE AUDIENCE - Darryl Kelly moved the seventh agenda item
up to first, because members of the Latin American Club were in attendance to be heard on the
Special Event Policy proposals. Director Randy Westrick told the Board that fees for these events
had been reviewed and approved by the City Council in October of last year. He reminded the
Board that they began work on these issues last summer; he walked ever/one through each policy,
and opened the item for discussion.
Frank Anderson asked whether event organizers would receive templates they could use to
locate their facilities. Randy said yes. He explained that a key part of the process would be on-site
City staff representation, to assure compliance with the policies and be of assistance to the event
organizers. The Board's concern was the protection of the park facilities, given large numbers of
people attending special events. The staff, Randy continued, would be responsible to see how
many booths there were, but that the event organizers had responsibility for the vendors and for
seeing that there were agreements made vis-a-vis the City's policies. He explained that deposits
would cover damages not handled by event organizers or their vendors.
Herb Miti~,~ann wanted to know where the funds taken in from these fees would go,
whether or not this money would be used to rehabilitate the parks. Randy told him that the fees
were calculated to cover the City's costs to provide services at an event, not for rehabilitation.
Frank Anderson asked whether or not applications would be season-specific; Randy said
no applications would be accepted when, for instance, it was too wet for public use; that
applications made for times when the parks could sustain damage given seasonal weather
conditions would not be accepted. He felt that applications would probably not be accepted
before June.
The Board wanted to know whether or not the City would be informed of the types of
vendors coming to a special event and were directed to the Vendor Application attached to their
package. There was some discussion about how the application process would work; Director
Westrick explained how he saw it could develop.
81)
Frank Anderson asked whether the Board's approval was necessary then, and
him that he hoped they would provide input as well as recommendation. Kathy
the City Council's aim that the process cover costs to the City for
public property.
Darryl Kelly opened the matter up to discussion from the floor. )oke for
the Latin American Club's interest in the 35 year-old Fiesta held in August. Board
members to know that the Club already required applications from ~ized much
of what the city was suggesting.
Randy Westrick spoke to the way in which more booths by the fees
would be charged. He talked about the responsibility of the all permits and
inspections required by not only the city, but by the well.
Villastrigo and other members of the club said that they had the permits
necessary.
There was some discussion about the process, who would be responsible for what; Darryl
reminded participants that the rent, itself, involved telling those who needed to know. John Pitt
spoke to the event's organization last year, saying that the only problem of which he was aware had
to do with an electrical hookup, which was a health and safety issue.
Sharon Felix agreed with Chris Villastrigo that much of the policy was common sense, but
that it was important to have it in writing for new generations of organizers. Templates that told
where booths could not/should not be set up to protect grounds, cleaning responsibilities,
carnival location and noise levels were talked about. Randy said that what was desired was a
common understanding of the requisites.
Darryl suggested that the Board members think on the proposal and come back at the next
meeting with any further questions or suggestions. Frank Anderson put this into a motion form,
which was seconded by Herb Mittman. Pat Watts said that there were two things that she wanted
to see in writing within the context of the policies: (1) a place on the Vendor's Application where
they would sign to hold the City harmless for damages, and (2) that proof of insurance was
required before the applications could be approved, perhaps in the form of a certificate that was
both current and valid for the dates implied. Given a consensus that the Board would reMsit and
vote on the policies at the next meeting, the motion made by Frank and seconded by Herb was
not tallied.
Members of the Latin American Club requested that they be informed of the progress so
that they could be timely in the planning of 2000's event. They expressed concern, that they had
understood that the Fiesta might not be welcome anymore. The depa,unent's desire to work with
instead of in opposition to was evident.
5. BUSINESS FROM THE DIRECTOR AND DIVISION REPORTS - Brian
Sjothun's report was written. Randy Westrick spoke for Kathy Willcox, who was home with the
flu. He said the next weekend would be a herculean task for the Aquatic Center, as they were
hosting two district swim meets at the same time, Molalla in the morning and Woodburn in the
afternoon. He said that both promotional events, Free Swims and Buck Fridays, are doing well,
the last being attended by some 325 people the week prior.
John Pitt gave his report to the members. He reported on the break-in on Monday
morning at Legion Drop-ln Center where there was some $2000 worth of property stolen. He
8D
said his staff only took 6 hours to secure the building, by blocking a door the vandals ha~ua~*cl.
John reported that the trenching for fiber optic cable for Settlemier Park wa~ ~ln~
complete, and that there had been a savings of $3500 by using in-house crew to dc~ jI~vo~e
cable will allow the Recreation Division to be on the City phone and network syst$]l~ ~ -
He told the members that the budget information gathering time had ~ a~aid that
given the rise in cost for everything from lumber to fertilizer, the status quo ~t%~[fffbunted to
a cut in his budget for the next year. And, finally, he mentioned for the I~r.~ i~jronnation both
the remodeling at City Hall and the depamnental move to thoseatll~w qt,.es ~is division
facilitated.
Director Westrick said that he had been talking with the34{i~l~ (3'uard about their help
with construction of Centennial Park's restrooms and parkin_~j'~t;.app.~ntly the park projects are
on a short list from which volunteer efforts will be provided. ~~spoke to the status of the
application for State Parks and Recreation matching funds to~ll{~'a trail from Hermanson Pond
to Marshall Street.
6. COMMUNITY CENTER VISIONING PROCESS - Following discussion, the
date for the Town Hall Meeting was changed to the 29m of February, 2000, so as not to interfere
with the local Chamber's Distinguished Citizen's Dinner planned for the 24m.
7. BOARD BUSINESS, FUTURE AND CURRENT - Randy said that the Board
would be asked to review the Facility Use Policies and Agreements, that the intent was to tighten
down current requirements for the City's facilities. He also reminded everyone that joint facility
usage agreements between the City and the School District are being developed.
From the Board, Herb Mim, uann asked about the status of the skateboard park talks. He
suggested going to see the one being built for Lake Oswego. Whether it should be a part of the
Town Hall Meeting discussions was brought up; Darryl voiced his view that providing such a
facility ought not be held up by the timing of a bond issue. Randy said that renting the Extreme
Sports Complex in Salem and bussing interested youngsters down there to use that facility was
being investigated.
Darryl Kelly expressed his concern about vandalism at Centennial Park and said that he
would rather see funds spent on parking facilities than on permanent restrooms there. Randy
explained that gates to the park are opened and dosed each day; he said that the City's Ordinance
Officer patrols there regularly. He added that the restrooms are not opened in the winter, and
that he anticipates that those at Centennial will be under construction as early as March.
8. ADJOURNMENT - Darryl Kelly adjourned the meeting at 8:15 p.m.
City of Woodburn
Police Department
STAFF REPORT
270 Montgomery Street Woodburn, Oregon 97071
Date: February 24, 2000
From: ~1, Chief of Police
To: Mayor and Council
Thru: John Brown, City Administrator
Subject: Police Department Activities - November and December 1999
At long last, the crime statistics are in for the year 1999!
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
and compares with the previous year. The report is in conformance with Federal Bureau of
Investigations national guidelines for crime classifications and is reported to the State of Oregon
Law Enforcement Data System via the Regional Automated Information Network.
Should you have questions or wish further information, please contact me.
(50S) 982=2345
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1IA
MEMO
To:
From:
Date:
Subject:
Mayor and Council
Ben Gillespie, Finance Director ~hr~ggl;t
John Brown, City AdministratoI[~J I t
February 23, 2000
1999-2000 Supplemental Appropriations
Recommendation: That the Council adopt the attached ordinance making budget transfers .and
contingency appropriations.
Background: The Budget Committee convened in January to consider revisions to the 1999-00
budget. Their recommendations were forwarded to the Council at the February 14 meeting. The
Council directed that a resolution approving those changes be returned for Council action. They
also directed that an additional $3,000 be added for trustee services to conclude the foreclosure of
the Salud Building.
An ordinance authorizing those revisions is attached.
Financial Implications: These changes are consistent with Oregon budget law.
COUNCIL BILL NO. 2026
ORDINANCE NO.
AN ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR
1999-2000 AND DECLARING AN EMERGENCY.
llA
WHEREAS, Oregon State Statute 294.480 allows for the adoption of a
supplemental budget during a fiscal year to meet changes in financial planning, and
WHEREAS, the Notice of Supplemental Budget Hearing and Financial Summary
was published in the Woodburn Independent on February 2, 2000 as required under State budget
law; and
WHEREAS, the City Council held a public hearing on February 14, 2000 to give
citizens an opportunity to comment on the proposed 1999-2000 supplemental budget, now,
therefore,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the supplemental budget for fiscal year 1999-2000 is hereby
adopted as set forth below.
Section 2. That fiscal year 1999-2000 revenues and appropriations are adjusted as
follows:
GENERAL FUND:
Revenues:
Estimated Ad valorem taxes to be received
in excess of originally anticipated budget amount
Mechanical Permits
Building Permit Fees
Building Permit Surcharge
Building Permit T & E Surcharge
Plan Check Fees
Drop-In Center Contributions
Youth Drop-In Center Grant
Playground Equipment Grant
Transfer from Street Fund
Transfer from Water Fund
Transfer from Wastewater Fund
$150,000
5,000
14,000
2,000
23,000
(10,000)
( 2,ooo)
7,500
5,000
:3 ,/500
3,500
3,500
Total Resources - General Fund
Page 1 - Council Bill No.
Ordinance No.
Appropriations: (General Fund)
Mayor & Council -
Materials & Services
Capital Outlay
Total - Mayor & Council
Museum -
Personnel Services
Materials & Services
Total - Museum
City Attorney' s Office -
Materials & Services
Total - City Attomey's Office
Non-Departmental -
Materials & Services
Transfer to General Fund CIP
Total - Non-Departmental
Police Department -
Materials & Services
Capital Outlay
Total - Police Department
Parks: Maintenance Division -
Personnel Services
Total - Parks Maintenance Division
Parks: Aquatic Center -
Capital Outlay
Total - Parks Aquatic Center
Parks: Administration -
Personnel Services
Total - Parks Administration
Building Division -
Materials & Services
Capital Outlay
Total - Building Division
Operating Contingency - General Fund
Total Appropriations - General Fund
STREET FUND:
Appropriations:
Non-Departmental:
Transfer to General Fund CIP
Transfer to General Fund
Operating Congtingency
Net Change in Street Fund Appropriations
Page 2 - Council Bill No.
Ordinance No.
$ 3,400
6,700
$19,000
7,250
$ 3,000
$ 33,500
78,100
$ 4,500
9,000
($1,000)
$ 20,000
($ 3.500)
$ 28,000
6,000
$13,000
3,500
($16.500)
10,100
26,250
3,000
111,600
13,500
($ 1,000)
($ 3,500)
$ 34,000
($ 18,950)
$195,000
-0-
llA
llA
GENERAL FUND CAPITAL IMPROVEMENT FUND:
RevenUes:
Transfer from General Fund
Transfer from Street Fund
Transfer from Water Fund
Transfer from Wastewater Fund
Transfer from Library Endowment Fund
Total Revenues - General Fund CIP
Appropriations:
Capital Outlay
Total Appropriations - General Fund CIP
PARK CAPITAL IMPROVEMENT FUND (CIP):
Revenues: Centennial Park
Parks System Development Charges
Total Revenues - ParksCIP Fund
Appropriations:
Centennial Park Project -
Capital Outlay
Total Appropriations - Parks CIP Fund
Parks CIP Fund - Unappropriated Balance
WATER FUND:
Appropriations:
Non-Departmental -
Transfer to General Fund CIP
Transfer to General Fund
Operating Contingency
Net Change in Appropriations
WASTEWATER FUND:
Appropriations:
Non-Departmental -
Transfer to General Fund CIP
Transfer to General Fund
Operating Contingency
Net Change in Appropriations
BUILDING MAINTENANCE FUND:
Revenue:
Transfer from General Fund
Total Revenues: Building Maintenance Fund
Page 3 - Council Bill No. Ordinance No.
$199,000
$ 50,000
$13,000
3,500
(16,500)
$13,000
3,500
(16,500)
$ 71,000
13,000
13,000
13,000
89,000
$ 199,000
$199,000
$ 86,000
$ 86:000
$ 50,000
$ 36,000
-0-
$ '0'
$ 7,100
llA
Appropriations: (Building Maintenance Fund)
Capital Outlay
$ 7,100
Total Appropriations: Building Maintenance Fund
$ 7,100
LIBRARY ENDOWMENT FUND:
Appropriations:
Transfer to General Fund CIP
Operating Contingency
$ 89,000
($ 89,000)
Net Change in Appropriations
Section 3. That the City Recorder shall file with the Department of Revenue,
State of Oregon, a true copy of the supplemental budget as finally adopted in accordance with
Oregon Revised Statute 294.555.
Section 4. That if any clause, sentence, paragraph, section or portion of this
ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such
judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion
of this ordinance directly involved in the controversy in which such judgment is rendered.
Section 5. This ordinance being necessary for the public peace, health and safety,
an emergency is declared to exist and this ordinance shall take effect immediately upon passage
by the Council and approval by the Mayor
City Attorney
Zlat 5 l Z o o 0
e
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
RICHARD JENNINGS, MAYOR
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 4 - Council Bill No.
Ordinance No.
COUNCIL BILL NO. 2027
ORDINANCE NO.
AN ORDINANCE GRANTING A ZONE CHANGE ON CERTAIN PROPERTY
LOCATED AT 751 YOUNG STREET FROM SINGLE-FAMILY RESIDENTIAL (RS)
TO MULTIPLE FAMILY RESIDENTIAL (RM).
WHEREAS, the applicant, Cheryl Grigorieff, submitted Zone Change Application No.
99-07 for a zone change from single-family residential (RS) to Multiple Family Residential (RM);
and,
WHEREAS, the City Council conducted a de novo public hearing on February 14, 2000
and heard testimony on said application; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The subject property is owned by Cheryl Grigorieffand is described as
follows:
Tax Lot 3800 in NW 1/4, T5S, R1W, Section 18AD of Marion County Assessor
Maps.
Section 2. That based upon the findings and conclusions contained in Exhibit "A"
attached hereto, the zone designation on the subject property is changed from single-family
residential (RS) to Multiple Family Residential (RM).
Section 3. That this ordinance being necessary for the immediate preservation of the
public peace, health, and safety, an emergency is declared to exist and this ordinance shall take
effect immediately upon passage by the Council and approval by theMayor.
Approved as t o fo ~:e~~ ,'~Ft/~~
City Attorney Date
APPROVED:
Richard Jennings, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodbum, Oregon
liB
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
liB
EXHIBIT "A"
FINDINGS AND CONCLUSIONS
RELEVANT FACTS:
Land area: Approximately 0.59 acres.
The applicant's site is located at 751 Young Street. The property is identified
specifically as Tax Lot 3800 in NW 1/4, T5S, R1W, Section 18AD of Marion
County Assessor Maps.
The subject property is designated Residential >12 units per acre on the
Woodburn Comprehensive Plan and is zoned RS.
Surrounding zoning
North:
South:
East:
West:
(Comprehensive Plan designation) and land use:
Zoned RS (Residential >12 u/a) and developed with single
family residences.
Zoned RM (Residential >12u/a) and developed with a mix of
multiple and single family residences.
Zoned RS (Residential >12u/a) and developed with single
family residences on the easterly two lots and a multiple
family complex on the east side of Gatch Street.
Zoned RS (Residential >12u/a) and developed with single
family residences on the westerly two lots and then
transitions to multiple family developments.
The subject site is currently developed with a single family dwelling and a shop
building. Because the site is surrounded by development within the city, public
facilities are readily available to the site.
Schools: The nearest school facilities are Washington Elementary and French
Prairie Middle Schools.
The site is relatively level and has vegetation typically associated with a single
family residence. No topographical or environmental constraints have been
identified on the subject property.
II. RELEVANT APPROVAL CRITERIA:
Woodburn Comprehensive Plan:
Chapter IX. Goals and Policies:
A. Residential Land Development Policies
Findings and Conclusions - ZC 99-07
llB
G. Housing Goals and Policies
Bo
Woodburn Zoning Ordinance:
Chapter 15 Zone Change Procedure
Chapter 16 Comprehensive Plan Amendment Procedure
Chapter 26 Multiple Family Residential District
C. Woodburn Transportation System Plan
III. FINDINGS:
A. Woodburn Comprehensive Plan - Chapter IX. Goals and Policies:
Residential Land Development Policies (IX-A):
A-11
Traffic from high density residential areas should have access
to collector or arterial streets without going through other
residential streets.
FINDING: The only means of access to the subject property is from
Young Street which is classified as a minor arterial street. Single
family developments are generally discouraged from developing
with direct access to arterial streets. However, the subject site is
ideally located for multiple family uses which is consistent with the
above policy.
Housing Goals and Policies (IX-G):
G-1-1 The City will insure that sufficient land is made available to
accommodate the growth of the City. This requires that
sufficient land for both high density and Iow density
residential developments is provided within the confines of
the growth and development goals of the City...
FINDING: The subject site has been designated on the
Comprehensive Plan as Residential >12 u/a (High Density
Residential). The Zoning Ordinance utilizes the RD (Residential
·Duplex District), RL (Limited Multi-Family Residential District), RM,
and RH (High Rise Residential District) zoning districts to
implement the High Density Residential designation. The RM zone
exists on the south side of Young Street from the subject property,
one lot away on the west side and across Gatch Street to the~east.
Changing the zoning of the property to RM is consistent with the
Findings and Conclusions - ZC 99-07 2
llB
above policy.
G-1-2 It is the policy of the city to encourage a variety of housing
types to accommodate the demands of the local housing
market.
FINDING: Changing the zoning to RM will encourage a variety of
housing types consistent with the above policy.
B. Woodburn Zoning Ordinance:
1. Chapter 15 Zone Change Procedures
FINDING: The zone change is necessary in order to allow multiple
family residential uses on the subject site in conformity with the
Comprehensive Plan designation for the site. The applicant does
not propose any new development at this time, but desires to
change the zoning to allow the option of developing the site with
multiple family residential uses in the future.
2. Chapter 16 Comprehensive Plan Amendment Procedure.
Section 16.080 Burden of Proof.
The following specific questions shall be given consideration
in evaluating requests regarding plan and zoning amendments
and are as follows:
(b) To support a zone change, the applicant shall:
(,t)
(2)
Show there is a need for the use proposed;
Show that the particular property in question will
best meet that need.
FINDING: The applicant is not proposing any specific new
use at this time. However, the change of zone to RM will be
consistent with the High Density Residential designation of
the property on the Comprehensive Plan. The most
appropriate zoning of the property is for multiple family
residential uses since this is consistent with the
Comprehensive Plan and the classification of Young Street
as a minor arterial. In addition, Young Street has been
transitioning to multiple family dwellings which is
Findings and Conclusions - ZC 99-07 3
liB
demonstrated by the numerous apartment complexes in the
vicinity of the subject property.
3. Chapter 26 Multiple Residential (RM) District
Section 26.010 Use
FINDING: The existing single family dwelling is a permitted use in
the RM District and therefore will remain a conforming use if the
zone change is approved.
Section 26.040 Height.
FINDING: The existing dwelling and shop building comply with
height requirements of the RM District.
Section 26.050 Side and Rear Yards
FINDING: The existing dwelling complies with rear and side yard
setbacks.
Section 26.060 Front Yard. In an RM District, there shall be a
minimum front yard of 20 feet. No parking shall be allowed
within 20 feet of the front lot line.
FINDING: The existing dwelling exceeds the front yard setback
requirement.
Section 26.065 Solar Access.
FINDING: The existing dwelling and shop building meet solar
access requirements.
Section 26.070 Landscaped Yards.
FINDING: The existing site complies with requirements for
landscaped yards.
Section 26.080 Lot Area and Width .... In an RM District the
minimum requirement for lot area for other uses shall be 5,000
square feet plus additional lot area computed as follows:
(a) For the first through fifth unit:
Findings and Conclusions - ZC 99-07 4
liB
IV.
('1)
For each dwelling unit with one or fewer
bedrooms - 1,200 square feet.
(b)
For the sixth dwelling unit and each succeeding
dwelling unit, the following additional lot area shall be
required:
(1) For each dwelling unit with one or less bedrooms,
one story - 1,250 square feet.
(c)
No main building or group of main buildings shall
occupy more than 30 percent of the lot area, and no
detached accessory structure may occupy more than 25
percent of any side or rear yard...
(d)
Every lot in an RM District shall have a minimum of 60
feet at the building line. The minimum lot area
requirements for buildings other than dwellings shall be
an area not less than the sum of the area occupied by
the building or buildings, and the area required for yards
herein, or 5,000 square feet, whichever is greater.
FINDING: The lot contains 25,787 square feet which exceeds the
minimum 6,000 square feet required for a single family residence.
The lot is 107 feet wide which exceeds the 60 foot requirement.
The shop building covers less than 25% of the rear yard. Based
on the lot size, the lot could yield up to a maximum of 16 dwelling
units [5,000+(5 units x1,200)+(11 units x1,250)=24,750 SF].
Woodburn Transportation System Plan (TSP)
FINDING: The zone change will be consistent with the Woodburn
Transportation Systems Plan in that the traffic analysis and
recommendations contained in the TSP were based on Comprehensive
Plan land use designations and not zoning. Changing the zoning of the
subject property to RM will not affect the TSP.
CONCLUSION: The proposal satisfies all approval criteria relating to a zone
change.
Findings and Conclusions - ZC 99-07 5
llC
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator
Amendment to Agreement with Union Pacific Railroad Company for Use
of Property
February 23, 2000
RECOMMENDATION:
Approve the attached resolution entering into an amendment Union Pacific Railroad
Agreement No. S202341 for modification of payment for use of railroad property by
the city.
BACKGROUND:
The City of Woodburn has agreements with the Union Pacific Railroad Company for
use of railroad property for city utility lines and other uses. The city makes annual
payments to the railroad for use of the property. The agreements have provisions for
increasing the payment to compensate for inflation. The city recently received the
attached letter from Union Pacific Railroad Company on agreement no. S202341
which is for 600 feet of city waterline east of Highway 99E offering to eliminate the
annual payments in lieu of a one time fee. The fee proposed for this agreement was
$2,830 plus a $500 processing fee. This provides the city a payback in
approximately 11 years given the existing payment. It would also reduce some
administrative expense associated with the annual payments. It is in the best
interests of the city to enter into this agreement.
The attached letter indicates that the railroad company is starting a program to
eliminate annual billings for these types of agreements. The city can probably
anticipate receiving several of these as the railroad works through the various
agreements that they have with the city. It would be beneficial and staff is
recommending that council authorize the city administrator to enter in these
agreements that convert annual payment agreements into one time fee if they will
benefit the city.
R D. Uhrich
Assistant Vice President
J A. Anthony
D~rector-Contracts
D D. Brown
Director-Real Estate
M. W. Casey
General Oirector~Special Properties
J P. Gade
Director-Facility Management
UNION PACIFIC RAILROAD COMPANY
Real Estate Department
1800 Farnam Street
Omaha. Nebraska 68102
Fax (402) 997-3601
February 12, 2000
llC
J L Hawkins
Director-Operations Support
M E Heenan
Director-Administration & Budgets
D H. Lightwine
Director-Real Estate
T K. Love
Director-Real Estate
CITY OF WOODBURN
270 MONTGOMERY STREET
WOODBURN, OR 97071
Folder No.: 1444-48
Gentlemen:
Our records indicate that Union Pacific Railroad Company is currently billing you annually for
Agreement Audit No. S202341, dated July 18, 1984, between the Railroad Company, and City of
Woodbum, covering a(n) pipeline, on our property at or near Woodbum, Oregon.
Union Pacific is undertaking a program to eliminate annual bills by converting existing
agreements to one-time payments. This program will save you the time and expense required for
payment, and will eliminate your risk of future increases in rental. This will not affect any of your
existing rights, terms or conditions, but is simply a financial arrangement that eliminates your requirement
to pay re-occurring rentals. A prerequisite for this program is thatall current and outstanding bills, if any,
are paid. If you would like to take advantage of this opportunity, please execute the Amendment attached
to this letter and return one copy to me along with your check.
Fees $3,330.00 of are due and payable upon your execution of the Amendment. Please include
your check with the return of the fully executed Amendment and include the Folder Number and/or Audit
Number on your check. This Amendment will not be considered effective by the Railroad Company until
we receive both the fully-executed duplicate original of the Amendment and the fee payment. This
Amendment shall be your only formal bill. In compliance with the Internal Revenue Service's new policy
regarding its Form 1099, this is to advise you that 94-6001323 is Union Pacific Railroad Company's
correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing
business as a corporation.
If this Amendment is not executed and retumed within 60 days from the date of this letter, offer
of the agreement is withdrawn and becomes null and void. If you do not intend to participate in this buy-
out, just do nothing and you will continue to be billed annually.
Since[ely,
J~'n E. Devish
Representative-Contracts
(402) 997-3563
llC
COUNCIL BILL NO.- 2028
RESOLUTION NO.
A RESOLUTION ENTERING INTO AN AMENDMENT TO AGREEMENT NO. S202341
WITH THE UNION PACIFIC RAILROAD COMPANY AND AUTHORIZING THE CITY
ADMINISTRATOR TO SIGN SUCH AMENDMENT AND SIMILAR AMENDMENTS THAT
MAY BE RECEIVED BY THE CITY.
WHEREAS, the City of Woodburn entered into an agreement with the Union
Pacific Railroad Company to install a waterline on railroad property within the city,
and
WHEREAS, the City of Woodburn was required to make annual payments for
use of the railroad property, and
WHEREAS, the Union Pacific Railroad Company is undertaking a program to
eliminate annual billing for such property use agreements and convert such
agreements to a one-time payment, and
WHEREAS, the City of Woodburn has several agreements with Union Pacific
Railroad Company for city use of the railroads property, and
WHEREAS, the City of Woodburn can anticipate receiving additional such
amendments as Union Pacific Railroad Company continues this program, and
WHEREAS, it would be in the best interests of the city to enter into this
amendment and authorize the City Administrator to sign additional amendments that
the city may receive that convert existing agreements from an annual payment to a
one time fee, NOW THEREFORE;
Page 1- COUNCIL BILL NO.
RESOLUTION NO.
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an Amendment to Agreement
No. S202341, which is affixed as Attachment "A" and by this reference incorporated
herein, with the Union Pacific Railroad Company which converts an annual payment
for use of property to a one time fee.
Section 2. That the City Administrator of the City of Woodburn is authorized
to sign said amendment on behalf of the City.
Section 3. That the City Administrator of the City of Woodburn is authorized
to sign additional amendments to agreements with the Union Pacific Railroad
Company that the city may receiver which convert an annual payment for use of
property to a one time fee.
11C
Approved as to form:d~,(~ (~~
City Attorney
Date
APPROVED:
Richard Jennings, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
SUPPAGR.DOC
Form Approved AVP-Law
ATTACHMENT
Page,, ! of /,,
AMENDMENT
Folder No. 1444-48
Audit No. S202341
THIS AMENDMENT is made as February 12, 2000, by and between UNION PACIFIC
RAILROAD COMPANY, a corporation of the State of Delaware, (hereinafter the "Licensor") and CITY OF
WOODBURN to be addressed at 270 Montgomery STreet, Woodburn, OR 97071 (hereinafter the "Licensee").
RECITALS:
By instrument dated July 18, 1984, the parties hereto or their predecessors in interest (if any),
entered into an agreement (herein the "Basic Agreement") identified as Audit No. S202341 , covering a
pipeline located at Woodbum, Oregon.
The parties now desire to modify the Basic Agreement by eliminating the annual rental contained
in the Basic Agreement.
AGREEMENT:
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
Section 1:
CONVERSION OF ANNUAL RENTAL TO A ONE-TIME CHARGE.
Effective as of July 17, 2000, the Licensee agrees to pay to the Licensor the one time sum of $2,830.00, in
lieu of the annual rental heretofore stipulated.
Section 2:
ADMINISTRATIVE HANDLING CHARGE.
Upon execution and delivery of this Amendment, the Licensee shall pay to the Railroad an
administrative handling charge of Five Hundred Dollars ($500.00).
1.tC
Section 3: EFFECTIVE DATE
This Amendment shall be effective as of July 17, 2000.
Section 4: AGREEMENT SUPPLEMENTAL
This Amendment is supplemental to the Basic Agreement, as herein amended, and nothing herein
contained shall be construed as amending or modifying the same except as herein specifically provided.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the
day and year first hereinabove written.
CITY OF WOODBURN
By:
Title:
UNION PACIFIC RAILROAD COMPANY
By: T~.. Rep~C
- ts
MEMO
TO:
FROM:
DATE:
SUBJECT:
City Council through City Administrator
Public Works Director ~
January 6, 2000
Professional Engineering Services Agreement for Boones Ferry Road and
Country Club Road Improvements
11D
RECOMMENDATION: Approve attached resolution that allows the city to enter into an
agreement with Multi/Tech Engineering Services in the amount of $146,567 for professional
engineering services to improve Boones Ferry and Country Club Roads.
BACKGROUND: The street capital improvement plan adopted by the city indicates that the
engineering design activities need to be started on Boones Ferry and Country Club Roads
without much delay.
Boones Ferry Road improvements will not only improve vehicular traffic flow, it will provide
pedestrian safety to school age children because of the sidewalk construction. This project
will require some right-of-way acquisition and a few easements for sidewalk construction.
The city must start the process now so that construction activities can begin in the summer of
2001.
The attached resolution, if approved, will allow the city to enter into an agreement with
Multi/Tech Engineering to perform engineering services for Boones Ferry and Country Club
Roads. This engineering firm has performed street and utility design for pdvate developers
in the area and, hence, is better suited for the project under consideration.
The scope of work has been reviewed by the engineering staff and the legal portion of the
contract has been reviewed, modified and approved by the city attorney.
Attachments: Resolution
Contract Agreement: Legal Body/Scope of Work/Compensation
GST:Ig
GS'r~GMTS~ult~ech-BoonesFer~&CountryClub
cotmcm BmI No. 2029 1 ID
RESOLUTION NO.
A RESOLUTION ENTERING INTO AN AGREEMENT WITH MULTI/TECH
ENGINEERING SERVICES INC. FOR PROFESSIONAL ENGINEERING
CONSULTING SERVICES TO PROVIDE DESIGN IMPROVEMENT PLANS FOR
BOONES FERRY ROAD AND COUNTRY CLUB ROAD STREET IMPROVEMENTS
AND AUTHORIZING THE MAYOR AND ~ CITY RECORDER TO SIGN SAID
AGREEMENT.
WHEREAS, the City Council considers the improvement of Boones Ferry Road From
Oregon State Highway 214 to Vanderbeek Road and Country Club Road from Boones Ferry
Road to Astor Way to be necessary and beneficial; and
WHEREAS, the City Council, by approving Resolution No 1530, directed the City
Engineer to prepare the engineering report for the improvements of Boones Ferry Road and
Country Club Road
WHEREAS, Consulting professional engineering services are needed now to complete
the design of the street improvements; and
WItEREAS, a proposed agreement for professional services has been prepared and
agreed to by Multi/Tech Engineering Services Inc., NOW, TitEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an agreement with Multi/Tech
Engineering Services, Inc. for professional engineering services to provide design improvement
plans for the Boones Ferry Road and Country Club Road, improvements, which is attached hereto
as Attachment 'A' and by this reference incorporated herein.
Section 2. That the Mayor and the City Recorder, on behalf of the City are
authorized to sign said agreement.
City Attorney Date
Approved:
Richard lennings, Mayor
Passed by the Council
Submitted to the Mayor
Page 1 -
COUNCIL BILL NO.
RESOLUTION NO.
ATTAOHMENT_ A
Page ._J__, of ~
CITY OF WOODBURN
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into as of the date first indicated on the signature page,
by and between the City ofWoodburn. Woodburn, Oregon, (hereinafter referred to as the
~City"), and Multi/Tech Engineering Services, Inc., hereinafter referred to as "Consultant."
WHEREAS, City requires services, which Consultant is capable of providing, under terms and
conditions hereinafter described; and
WHEREAS, Consultant represents that it is qualified on the basis of specialized experience and
technical competence and prepared to provide such services as City does hereinafter require;
NOW, THEREFORE, in consideration of those mutual promises and the terms and conditions set
forth hereafter, the parties agreed as follows:
TERIVI
The term of this Agreement shall be from the date of execution by both parties until tasks
required hereunder are complete and accepted, unless earlier terminated in accordance
herewith.
CONSULTANT'S SERVICES
B. 1 The scope of Consultant's services under this Agreement is set forth in Exhibit A_
Consultant understands and agrees that time is of the essence in this Agreement
and that Consultant shall proceed ahead promptly and will all reasonable speed to
accomplish the course and scope of work set forth herein. All provisions and
covenants contained in Exhibit A are hereby incorporated by reference and shall
become a part of this Agreement as if fully set forth herein.
B.2
All written documents, drawings, and plans submitted by Consultant and intended
to be relied on for the project shall bear the signature, stamp or initials of
Consultant or Consultant's authorized Project Manager. Any documents
submitted by the Consultant which do not bear Consultant's signature, stamp or
initials or those of the Consultant's authorized Project Manager shall not be relied
upon by City. Interpretation of plans and answers to questions covering Plans
given by Consultant or Consultant's Project Manager need not be put in writing
unless the requested by the City and may be relied upon by City.
B.3
All agreements on the Consultant's part are contingent upon, and the Consultant
shall not be responsible for damages or be in default or be deemed to be in default
by reason of delays in performance due to third party: strikes, lockouts, accidents;
act of God; other delays unavoidable or beyond Consultant's reasonable control, or
due to shortages or unavailability of labor at established area wage rates or delay
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B.5
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caused by failure of the City or City's agents to furnish information or to approve
or disapprove the Consultant's work promptly, or due to late or slow, or faulty
performance by the City, other contractors, other consultants not under
Consultant's control or governmental agencies, the performance of whose work is
precedent to or concurrent with the performance of the Consultant's work. In the
case of the happening of any such cause of delay, the time of completion shall be
extended accordingly.
The existence of this Agreement between City and Consultant shall not be
construed as City's promise or assurance that Consultant will be retained for future
services unrelated to this public works project.
Consultant shall maintain confidentiality of any private information and any public
information which is exempt from any disclosure under state or federal law to
which the Consultant may have access by reason of this Agreement. Consultant
warrants that its employees assigned to work on services provided in this
Agreement shall maintain confidentiality. All agreements with respect to
confidentiality shall survive the termination or expiration of this Agreement.
CITY'S RESPONSIBILITIES
C. 1 The scope of City's responsibilities, including those of its Project Manager, are set
forth in Exhibit B, which is attached hereto and incorporated herein.
C.2
City certifies that sufficient funds are available and authorized expenditure to
finance costs of this Agreement.
COMPENSATION
D. 1 Except as otherwise set forth in this subsection D, City agrees to pay Consultant a
sum not to exceed $146,567 for performance of those services provided hereunder
and outlined in Exhibit A, excluding printing mileage and expenses. However,
compensation may be less than such maximum amount and shall be actually
determined on an hourly basis as shown on the Rate Schedule attached as Exhibit
C which is attached hereto and incorporated herein. Compensation shall be only
for actual hours worked on this project and related direct expenses. Consultant
shall furnish with each bill for services on itemized statement showing the amounts
of hours devoted to the project by Consultant as well as any agents or employees
of Consultant and any direct expenses.
The above not to exceed sum does include special services items 1-6 of Exhibit
"A", but does not include special services 7 and 8 these are optional and costs are
difficult to estimate. Payment for such items shall be negotiated or at the
Consultant's standard hourly rate schedule, Exhibit "C" ~;,
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D.2
During the course of Consultant's performance, if City or its Project Manager
specifically request Consultant to provide additional services which are beyond the
scope of the services described on Exhibit A, Consultant shall provide such
additional services and bill the City at the hourly rates outlined on the attached
Standard Hourly Rate Schedule, provided the parties comply with the
requirements of Section R. No compensation for additional services shall be paid
or owing unless both parties specifically agree to such additional compensation and
services.
D.3
D.4
D.5
D.6
Unless expressly set forth on Exhibit A as a reimbursable expense item, Consultant
shall only be entitled to the compensation amount specified in subsections D. 1 and
D.2. Only those reimbursable expenses which are set forth on Exhibit A and
itemized on Consultant's bills for services shall be the basis for which payment of
those expenses by City shall be owing.
Except for amounts withheld by City pursuant to this agreements, Consultant will
be paid for services for such an itemized bill is received by City within 30 days.
City shall be responsible for payment of required fees, payable to governmental
agencies including, but not limited to plan checking, land use, zoning and all other
similar fees resulting from this project, and not specifically covered by Exhibit A.
Consultant's compensation rate includes but is not limited to salaries or wages plus
fringe benefits and contributions including payroll, taxes, worker's compensation
insurance, liability insurance, pension benefits, and similar contributions and
benefits.
D.7
In the event Consultant's responsibilities as described on Exhibit A have been
separated into two or more phases, then consultant shall not be entitled to any
compensation for work performed directly on a later category of responsibilities
unless and until City specifically directs that Consultant proceed with such work.
CITY'S PROJECT MANAGER
City's Project Manager is Randy T. Scott. City shall give Consultant prompt written
notice of any redesignation of its Project Manager.
CONSULTANT'S PROJECT MANAGER
Consultant's Project Manager is Mark D. Grenz. In the event that Consultant's designated
Project Manager is changed, Consultant shall give City prompt written notification of such
redesignation. In the event the City receives any communication from Consultant of
whatsoever nature which is not executed by Consultant's designated Project Manager,
City may request clarification by Consultant's Project Manager, which shall be promptly
furnished.
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PROJECT INFORMATION
City shall provide full information regarding its requirements for the Project. Consultant
agrees to share all project information, to fully cooperate with all corporations, firms,
contractors, public utilities, governmental entities, and persons involved in or associated
with the Project. No information, news or press releases to the Project, whether made to
representatives of newspaper, magazines or television and radio stations, shall be made
without the authorization of City's Project Manager.
DUTY TO INFORM
If at any time during the performance of this Agreement, or any future phase of this
Agreement for which Consultant has been retained, Consultant becomes aware of actual
or potential problems, faults or defects in the project or any portion thereof, any
nonconformance with federal, state or local law, rule or regulation, or has any objection to
any decision or order made by City with respect to such laws, rules or regulations,
Consultant shall give prompt written notice thereof to City's Project Manager. Any delay
or failure on the part of City to provide a written response to Consultant shall neither
constitute agreement with nor acquiescence to Consultant's statement or claim, nor
constitute a waiver of any of City's fights.
CONSULTANT IS INDEPENDENT CONTRACTOR
I. 1 Consultant shall be and herein declares that it is an independent contractor for all
purposes and shall be entitled to no compensation other than compensation
provided for under paragraph D of this Agreement. Consultant binds itself, its
partners, officers, successors, assigns and legal representatives to the City.
Consultant shall be completely independent and solely determine the manner and
means of accomplishing the end result of the Agreement, and City does not have
the right to control or interfere with the manner or method of accomplishing said
results. City, however, has the right to specify and control the resuks of
Consultant's responsibilities.
1.2
Subcontracting: City understands and agrees that only those special consulting
services identified on Exhibit A may be performed by those persons identified on
Exhibit A and not by Consultant. Consultant acknowledges such services are
provided to City pursuant to a subcontract(s) between Consultant and those who
provide such services. Consultant may not utilize any subcontractors or in any
way assign its responsibility under the Agreement without first obtaining the
express written consent of the City.
1.3
Consultant shall be responsible for and indemnify and defend City against any
liability, cost or damage arising out of Consultant's use of such subcontractor(s)
and subcontractor's negligent, acts, omissions, or errors. Subcontractors will be
required to meet the same insurance requirements of Consultant under this
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Agreement. Unless otherwise specifically agreed to by City, Consultant shall
require that subcontractors also comply with and be subject to the provisions of
this Section I.
1.4
Consultant shall make prompt payment of any claim for labor, materials or services
furnished to the Consultant by any person in connection with this Agreement as
such claim becomes due. Consultant shall not permit any lien or claim to be filed
or prosecuted against the City on account of any labor or material furnished to or
on behalf of the Consultant. If the Consultant fails, neglects or refuses to make
prompt payment of any such claim, the City may pay such claim to the person
furnishing the labor, materials or services and charge the amount of the payment
against funds due or to become due the Consultant under this Agreement.
1.5
No person shall be employed under the terms of this agreement as described herein
in violation of all wage and hour laws.
1.6
Consultant shall make prompt payment as due to any person, co-partnership,
association or corporation, furnishing medical, surgical and hospital care or other
needed care and attention, incident to sickness or injury, to the employees of such
Consultant of all sums which the Consultant agrees to pay for such services and all
monies and sums which the Consultant collected or deducted from the wages of
employees pursuant to any law, contract or agreement for the purpose of providing
or paying such service.
1.7
Should Consultant elect to utilize employees on any aspect of this Agreement,
Consultant shall be fully responsible for payment of all withholding required by
law, including but not limited to taxes, including payroll, income, social security
(FICA) and Medicaid. Consultant shall also be fully responsible for payment of
salaries, benefits, taxes, Industrial Accident Fund contributions and all other
charges on account of any employees. Consultant shall pay to Department of
Revenue all sums withheld fi.om employees pursuant ORS 316.167. All costs
incident to the hiring of assistants or employees shall be Consultant's responsibility.
Consultant shall indemnify, defend and hold City harmless from claims for payment
of all such expenses. Unless otherwise expressly set forth on Exhibit A as a
reimbursable expense item, specific costs associated with items set forth in this
paragraph shall be deemed as fully and conclusively included in the rate upon
which consultants compensation is based.
1.8
No person shall be denied or subjected to discrimination in receipt of the benefits
of any services or activities made possible by or resulting from this Agreement on
the ground of sex, race, color creed, marital status, age, disability or national
origin. Any violation of this provision shah be grounds for can~llatio~
termination or suspension of the Agreement in whole or in part by the City.
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1.9
Consultant shall comply with all applicable federal, state and local laws, rules and
regulations.
I. lO
Consultant shall pay all contributions required to be made by Consultant to the
Industrial Accident Fund. (This provision is required by ORS 279.312(2)).
1.11
Consultant shall pay when due all sums, including sums withheld from consultant's
employee's which Consultant has agreed to pay to health care providers for
treatment rendered to Consultant's employees. (This provision is required by ORS
279.301(1)).
1.12
No person employed pursuant to this contract shall be employed for more than
eight hours in any one day, or 40 hours in any one week, except in cases of
necessity, emergency, or where public policy, as determined by owner, absolutely
requires it. Employees shall be compensated at the rate of time and a half for all
overtime worked in excess of 40 hours in one week, except for individuals who are
excluded from receiving overtime under ORS 653.010 to 653.260 of under 29
U.S.C. Sec. 201-209. (This provision is required by ORS 279.316.) (NOTE:
Persons who meet the tests for executive, administrative or professional status
under these laws are exempt from payment of overtime wages).
1.13
Consultant shall pay to the Oregon Department of Revenue all sums withheld from
employees pursuant to ORS 316.167. (This provision is required by ORS
279.310(4)).
1.14
To the maximum extent economically feasible, consultant shall use recycled paper
in performing the contract work. (This provision is required by ORS 279.555(e)).
INDEMNITY AND INSURANCE
J. 1 Consultant acknowledges responsibility for liability arising out of the performance
of this Agreement and the attachments thereto only and shall hold City harmless
from and indemnify City of any and all liability, settlements, losS, costs and
expenses in connection with any action, suit or claim resulting or allegedly
resulting from Consultant's negligent act, omissions, errors or willful misconduct
provided pursuant to this Agreement or from Consultant's failure to perform its
responsibilities as set forth in this agreement. The review, approval or acceptance
by City, its Project Manager or City of Woodbum employees of documents or
other work prepared or submitted by Consultant shall not relieve Consultant of its
responsibility to provide such materials in full conformity with City's requirements
as set forth in this Agreement and to indemnify City fi.om any and all costs and
damages resulting from Consultant's failure to adhere to the standard of :
performance described in Section 1'.2.3. The provisions of this section shall survive
termination of this Agreement. City agrees to indemnify and hold Consultant
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harmless from liability, settlements, losses, costs and expenses in connection with
any action, suit or claim resulting or allegedly resulting from City's negligent acts,
omissions or from its willful misconduct as governed by ORS Chapter 30.
Insurance Requirements and Consultants Standard of Care.
J.2.1
Consultant shall provide City with evidence of the following insurance
coverage's prior to the commencement of the work. A copy of each
insurance policy, issued by a company currently licensed in the State of
Oregon, and certified as a true copy by an authorized representative of the
issuing company or at the discretion of the City, in lieu thereof, a certificate
in a form satisfactory to City certifying to the issuance of such insurance
shall be furnished to City. Unless specifically set forth on Exhibit A,
expenses relating to the cost of insurance shall not be the basis for
additional reimbursement to Consultant.
J.2.2
The City agrees that in accordance with generally accepted construction
practices, the construction contractor will be required to assume sole and
complete responsibility for job site conditions during the course of
construction of the project, including safety of all persons and property.
J.2.3
In the performance of its professional services, the Consultant shall use that
degree of care and skill ordinarily exercised under similar circumstances by
reputable members of its profession practicing in the Portland Metropolitan
Area. The Consultant will reperform any services not meeting this
standard without additional compensation. Consultants reperformance of
any services, even if done at City's request, shall not be considered as a
limitation or waiver by City of any other remedies or claims it may have
arising out of consultant's failure to perform in accordance with the
applicable standard of care or this Agreement.
J. 2.4
Consultant shall furnish the City a certificate evidencing the date, amount
and type of insurance that has been procured pursuant to this Agreement.
All policies shall be written on an 'occurrence basis", except for
Consultant's Professional Liability Insurance which may be written on a
'claims made" basis, provided it shall endeavor to be maintained in full
force for not less than four (4) years following Consultant's performance
under this Agreement. All policies shall provide for not less than 30 days
written notice to the City before they may be revised, non-renewed, or
canceled. The Consultant shall endeavor to provide for not less than 30
day's written notice to the City before the policy coverage may be r ~educed.
Excepting professional liability and worker's compensation coverage, all
policies shall provide an endorsement naming the City, its officers,
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employees and agents as additional insured. In the event the policy lapses
during performance, the City may: treat said lapse as a breach; terminate
this Agreement and seek damages; withhold progress payments without
impairing obligations of Consultant to proceed with work; pay an insurance
carrier (either Consultant's or a substitute) the premium amount and
withhold that amount from payments; and use any other remedy provided
by this Agreement or by law.
J.2.5
Insurance Requirements. The Consultant, its subcontractors, if any, and all
employers working under this Agreement are subject employers under the
Oregon Worker's Compensation Law and shall comply with ORS 656.017
which requires them to provide worker's compensation coverage for all
their subject workers. The Consultant will maintain throughout this
Agreement the following insurance:
J.2.5.1 Worker's Compensation and employers liability insurance as
required by the State where the work is performed.
J.2.5.2
Comprehensive automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to
property of others arising from the use of motor vehicles, including
on-site and off-site operations, and owned, non-owned, or hired
vehicle, with $500,000 combined single limits.
J.2.5.3
Commercial general liability insurance covering claims for injuries
to members of the public or damage to property of others arising
out of any covered negligent act or omission of the Consultant or of
any of its employees, agents or subcontractors, with $1,000,000 per
occurrence and in the aggregate.
J.2.5.4
Professional liability insurance of $500,000 per occurrence and in
the aggregate, including contractual liability coverage. If
Consultant proposes using subcontractors, in addition to any other
requirements of this Agreement, City may require subcontractors to
provide Professional Liability Insurance, provided the amount and
form of coverage complies with requirements of paragraphs J.2.1,
J.2.2, 1.2.3, 1.2.4 and J.2.5.4.
J.2.5.5
City will be named as an additional insured with respect to
Consultant's liabilities hereunder in insurance coverage's identified
in items 1.2.5.2 and J.2.5.3. :
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J.2.6
The coverage provided by these policies shall be primary and any other
insurance carried by City is excess. Consultant shall be responsible for any
deductible amounts payable under all policies of insurance. In the event a
dispute arises between City and Consultant for which Consultant has
obtained insurance, the maximum amount which may be withheld by the
City for all such claims be no more than the amount of the applicable
insurance deductible.
EARLY TERMINATION
K. 1 This Agreement may be terminated prior to the expiration of the agreed upon
terms:
K. 1.1 By mutual written consent of the parties[
K. 1.2 By City for any reason within its sole discretion, effective upon delivery of
written notice to Consultant by mail or in person; and
K. 1.3
By Consultant, effective upon seven days prior written notice in the event
of substantial failure by the City to perform in accordance with the terms
through no fault of the Consultant.
K.2
If City terminates the Agreement in whole or in part due to default or failure of
Consultant to Perform services in accordance with this Agreement, City may
procure, upon reasonable terms and in a reasonable manner, services similar to
those so terminated. In addition to any other remedies the City may have,
Consultant shall be liable for all costs and damages incurred by City in procuring
such similar services, and the Contract shall be in full force to the extent not
terminated.
K.3
If City terminates the Agreement for its own convenience, payment of Consultant
shall be prorated to and include the day of termination and shall be in full
satisfaction of all claims by Consultant against City under this Agreement.
K.4
Termination under any provision of this paragraph shall not affect any right,
obligation or liability of Consultant or City which accrued prior to such
termination. Consultant shall surrender to City items of work or portions thereof,
referred to in Paragraph O for which Consultant has received payment, or City has
made payment. City retains the right to elect whether or not to proceed with
actual construction of the project.
L. SUSPENSION OF WORK
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City may suspend, delay or interrupt all or any part of the work for such time as the City
deems appropriate for its own convenience by giving written notice thereof to Consultant.
An adjustment in the time of performance or method of compensation shall be allowed as
a result of such delay or suspension unless the reason is within the Consultants control.
City shall not be responsible for work performed by any subcontractors after notice of
suspension is given by City to Consultant. Should the City suspend, delay or interrupt the
work and the suspension is not within the Consultant's control, then the City shall extend
the time of completion by the length of the delay and the method of compensation shall be
adjusted to reflect the Consultant's increase or decrease in its standard hourly rates.
SUBCONSULTANTS AND ASSIGNMENTS
M. 1 Unless expressly authorized in Exhibit A or Paragraph I of this Agreement,
Consultant shall neither subcontract with others for any of the work prescribed
herein, nor assign any of Consultant's rights acquired hereunder without obtaining
prior written approval from City. Work may be performed by persons other than
Consultant, provided Consultant advises City of the names of such subcontractors
and the work which they intend to perform and the City specifically agrees thereto.
Consultant acknowledges such services are provided to City pursuant to a
subcontract(s) between Consultant and subcontractor(s). Except as otherwise
provided by this Agreement. City incurs no liability to third persons for payment
of any compensation provided herein to Consultant. Any attempted assignment of
this contract without the written consent of City shall be void. Except as
otherwise specifically agreed, all costs for services performed by others on behalf
of Consultant shall not be subject to additional reimbursement by City.
M.2
City shall have the right to let other agreements be coordinated with this
Agreement. Consultant shall cooperate with other firms, engineers or
Subconsultants on the project and the City so that all portions of the project may
be completed in the least possible time within normal working hours. Consultant
shall furnish other engineers and Subconsultants and affected public utilities, whose
designs are fitted into Consultant's design, detail drawings giving full information
so that conflicts can be avoided.
ACCESS TO RECORDS
City shall have access upon request to such books, documents, receipts, papers and
records of Consultant as are directly pertinent to this Agreement for the purpose of
making audit, examination, excerpts, and transcripts for a period of four (4) years unless
within that time City specifically requests an extension. This clause shall survive the
expiration, completion or termination of this Agreement.
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WORK IS PROPERTY OF CITY
O. 1 Originals or certified copies of the original work forms, including but not limited to
documents, drawings, tracings, su~ey records, mylars, papers, diaries, inspection
reports and photographs, performed or produced by Consultant under this
Agreement shall be the exclusive property of City and shall be delivered to City
prior to final payment. Any statutory or common law rights to such property held
by Consultant as creator of such work shall be conveyed to City upon request
without additional compensation. Upon City's approval and provided City is
identified in connection therewith Consultant may include Consultant's work in its
promotional materials. Drawings may bear disclaimer releasing the Consultant
from any liability for changes made on the original drawings and for reuse of the
drawings subsequent to the date they are turned over to the City.
0.2
Consultant shall not be held liable for any damages, loss, increased expenses or
charges otherwise caused by or attributed to the reuse, by City or their designees,
of all work performed by consultant pursuant to this contract without the express
written permission of the Consultant.
0.3
City agrees it will indemnify and hold Consultant harmless for all losses or
damages that may arise out of the reuse of specific engineering designs
incorporated into extensions, enlargements or other projects, without the express
written permission of the Consultant.
LAW OF OREGON
The Agreement shall be governed by the laws of the State of Oregon. The Agreement
provisions required by ORS Chapter 279 to be included in public agreements are hereby
incorporated by reference and shall become a part of this Agreement as if fully set forth
herein.
ADHERENCE TO LAW
Consultant shall adhere to all applicable federal and state laws, including but not limited to
laws, rules, regulations and policies concerning employer and employee relationships,
workers compensation, and minimum and prevailing wage requirements. Any certificates,
licenses or permits which Consultant is required by law to obtain or maintain in order to
perform work described on Exhibit A, shall be obtained and maintained throughout the
term of this Agreement.
MODIFICATION
Any modification of the provisions of this Agreement shall not be enforceable unless
reduced to writing and signing by both parties. A modification is a written document,
contemporaneously executed by City and Consultant, which increase or decreases ~e cost
to City over the agreed sum or charges or modifies the scope of service or time of
performance. No modification shall be binding unless executed in writing by Consultant
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and City. In the event that Consultant receives any communication of whatsoever nature
from City, which communication Consultant contends to give rise to any modification of
this Agreement, Consultant shall, within thirty (30) days after receipt, make a written
request for modification to City's Project Manager. Consultant's failure to submit such
written request for modification in the manner outlined herein may be the basis for refusal
by the City to treat said communication as a basis for modification. In connection with
any modification to the contract affecting any change in price, Consultant shall submit a
complete breakdown of labor, material, equipment and other costs. If Consultant incurs
additional costs or devotes additional time on project tasks which were reasonably
expected as part of the original agreement or any mutually approved modifications, then
City shall be responsible for payment of only those costs for which it has agreed to pay.
OTHER CONDITIONS
S. 1 Except as otherwise provided in paragraphs S. 1.1, S. 1.2 and S. 1.3 Consultant
represents and agrees that the contract specifications and plans, if any, prepared by
the Consultant will be adequate and sufficient to accomplish the purpose of the
project; and further, that any review or approval by the owner of the plans and
specifications shall not be deemed to diminish the adequacy of Consultant's work.
S.I.1
Subsurface Investigations. In soils, foundations, ground water, and other
subsurface investigations, the actual characteristics may vary significantly
between successive test points and sample intervals and at locations other
than where observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total
Project cost and/or execution. These conditions and cost/execution effect
are the responsibility of the Consultant.
S.1.2
Opinions of Cost, Financial Considerations, and Schedules. In providing
opinions of cost, financial analysis, economic feasibility projections, and
schedules for the Project, Consultant has no control over cost or price of
labor and materials; unknown or latent conditions of existing equipment or
structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance
by third parties; quality, type, management, or direction of operating
personnel; and other economic and operational factors that may materially
affect the ultimate Project costs of schedule. Therefore, Consultant makes
no warranty that Owner's actual Project costs, emanclal aspects, economic
feasibility, or schedules will not vary from Engineer's opinions, analyses,
projections, or estimates.
S.1.3
Record Drawings. Record drawings, if required, will be prepared, in part,
on the basis of information compiled and furnished by others, and may not
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always represent the exact location, type of various components, or exact
manner in which the project was finally constructed. Consultant is
responsible for any errors or omissions about which the Consultant knew
or should have known in the information from those employees or firms
employed by the Consultant under terms of the contract as stated therein
that is incorporated into the record drawing.
S.2
Notwithstanding any acceptance or payments, City shall not be precluded or
stopped from recovering from Consultant, or its insurer or surety, such damages as
may be sustained by reason of Consultant's failure to comply with the terms of this
Agreement. A waiver by City and breach by Consultant shall not be deemed to be
a waiver of any subsequent breach by Consultant.
INTEGRATION
This Agreement, including but not limited to Exhibits and Consultant's proposal submitted
to City contains the entire integrated agreement between the parties and supersedes all
prior written or oral discussions, representations or agreements. In case of conflict among
these documents the provisions of this Agreement shall control.
MISCELLANEOUS / GENERAL
Consultant binds itself, its partners, officers, successors, assignees and legal
representatives to the City under the terms and conditions of this Agreement as described
herein.
If any of the provisions contained in the Agreement are held illegal, invalid or
unenforceable, the enforceability of the remaining provisions shall not be impaired. Any
provisions concerning the limitation of liability or indemnity shall survive the termination
of Agreement for any cause.
All notices required under this agreement shall be delivered by facsimile, personal delivery,
or mail and shall be addressed to the following persons:
Mark D. Gren~ Project Manager
Multi/Tech Engineering Services, Inc.
1155 13~ Street SE
Salem, OR 97302
(503)364-1260
Mr. Frank Tiwari
Public Works Director
270 Montgomery Street
Woodburn, OR 97071
(503) 982-5244
Notice shall be effective upon delivery to the above address. Either party may notify the
other that a new person has been designated by it to receive notices, or that the address or
FAX number for the delivery of such notices has been changed, provided that, until such
time as the other party received such notice in the manner provided for herein, f .
any notme
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addressed to the previously-designated person and/or delivered to the previously-
designated address or FAX shall be effective.
In the event either party initiates a lawsuit of arbitration against the other, then the
prevailing party shall in addition to any other recovery, be entitled to recover its
reasonable attorney fees and all other costs of litigation or arbitration.
The CONSULTANT and the CITY hereby agree to all provisions of this Agreement.
IN WITNESS WHEREOF, the parties by their signatures below enter into this Agreement this
day of
CONSULTANT:
CITY OF WOODBURN:
Multifrech Engineering Services, Inc
By
Mr. Richard Jennings, Mayor
By
Attest:
Title
Mary Tennant, City Recorder
Mailing Address:
1155 134 Street SE
Salem, OR 97302
Mailing Address:
270 Montgomery Street
Woodbum, OR 97071
Approved as to form:
N. Robert Shields, City Attorney
Page 14 - Professional Services Agreement
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ATTACHMENT A ,
EXHIBIT A Page ~. of ~ /
SCOPE OF CONSULTANT'S SERVICES
The work to be performed by the CONSULTANT outlined in the AGREEMENT shall generally
include provision of engineering and surveying services related to the following road
improvements:
BOONES FERRY ROAD from the intersection with State Highway 214, Northerly to its
intersection with Vanderbeck Road.
COUNTRY CLUB ROAD from the intersection with Boones Ferry Road, Westerly to
intersection with Astor Way.
The CONSULTANT agrees to perform in accordance with all applicable federal, state and local
laws, statutes, ordinances, rules and regulations of any kind, whatsoever, professional services in
connection with the PROJECT as hereinafter stated and defined as Basic Services.
BASIC SERVICES
1. LID Formation and Assessment. ( Assist City when requested)
1.1 Assist the City in preparation of reports and review of alternatives leading to formation of
the LID.
1.2 Assist the City in preparation of the Preliminary Engineers Report, including preliminary
cost estimates, etc.
1.3 Assist the City with exhibits necessary for presentation of the Preliminary Engineers
Report to Council, informal meetings with property owners and public hearing on formation
of the LID.
1.4 Assist the CITY in compiling the final costs for LID and City-participation positions of the
project and preparation of the Final Engineers Report.
1.5 Attend workshops, Public heatings or meetings held in regards to the project at the
request of the City.
2. Finalize Preliminary Design.
2.1 Furnish survey personnel and equipment required to obtain additional field information
necessary to prepare plans and specifications for the PROJECT.
?
Page 1 - Scope of Consultant's Services
ATTACHMENT
Page ~ of
2.2 Coordinate the design with utility companies and authorities whose facilities may be
affected by the proposed construction and obtain from such companies and authorities the
location of their existing and planned facilities. Assist the CITY in negotiations with the utility
companies and authorities for the adjustment of their facilities.
2.3 Identify right-of-way acquisition requirements.
2.4 Prepare record of found existing property coruers and file with County Surveyor's Office.
2.5 Prepare for the CITY'S approval, preliminary plans and specifications based on the field
data collected, information from utility companies, and on typical design details and standards
furnished by the CITY.
2.6 Coordinate with the Oregon Department of Transportation, traffic signal design,
intersection improvements at Boones Ferry Road and Highway 214.
2.7 Coordinate with the Marion County Public Works Department for that portion of the
project subject to their review and approval.
2.8 Prepare an estimate of total construction costs, estimates of materials quantities to be
furnished and work to be done, based on the preliminary plans and specifications.
2.9 Prepare an estimate of total construction and engineering costs for undergrounding
overhead utilities.
2.10 Furnish three (3) sets of preliminary plans and specifications to the CITY for review and
approval prior to proceeding with final design.
2.11 Meet with representatives of local, state, county and federal agencies and the CITY in
regard to design of the PROJECT.
3. Final Design Services.
3.1 Prepare final plans and specifications for the PROJECT, in accordance with appropriate
regulatory agencies and the CITY'S requirements.
3.2 Prepare an estimate of total construction costs, estimates of materials quantities to be
furnished and work to be done, based on completed plans and specifications for the PROJECT.
Such estimates are to be based upon the CONSULTANT'S best judgement and experience and
as are deemed to be appropriate at the time the PROJECT is scheduled to be bid.
3.3 Coordinate any utility line relocation which may be required..
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Page 2 - Scope of Consultant's Services
o
ATTACHMENT ~
Bidding and Contract Award Services. Page ....~. of ,-~ !
4.1 Furnish one set of reproducible prints and thirty five (3 5) copies of final plans and
specifications for bidding and for construction of the PRO~ECT.
4.2 Interpret plans and specifications during the bidding period and prepare clarifications and
addenda.
11D
4.3 Assist in receiving and tabulating construction and materials proposals, analyze bid results,
assist in recommending contract award, and preparing final contract documents.
Services During Construction.
5.1 Furnish survey personnel and equipment as required to establish baseline control for
cOnstruction of PROJECT and provide all construction staking as necessary and defined in the
contract documents.
5.2 Furnish personnel and equipment as required to perform on-site inspections
Furnish the services of a Resident Inspector to provide inspection of the work of the
CONTRACTOR during the period of construction. The Resident Inspector shall be
experienced in the type of work to be done to the end that competent inspection of
materials and labor will be provided. The CONTRACTOR will keep and the Inspector will
check, all records, maps and plans necessary for the preparation of final record drawings.
The Resident Inspector will verify monthly reports of construction progress and monthly
estimates as the basis of payment to the CONTRACTOR as construction proceeds.
b. Meet with representatives of local, state, county and federal agencies when necessary for
consultation or conferences in regard to construction of the PROJECT.
c. Interpret the contract plans and specifications to determine construction compliance with
the intent of the design.
Review and approve shop drawings, diagrams, illustrations, catalog data, schedules and
samples, the results of tests and inspections, and other data which the CONTRACTOR is
required to provide and recommend to the CITY, changes deemed advisable.
Arrange for, conduct, or witness, field, laboratory, or shop test of construction materials, as
prescribed in the contract documents.
f. Determine the suitability of on-site materials to be used in the construction.
g. Reject work and materials that do not conform to the contract documents.
Page 3 - Scope of Consultant's Services
~'~ge ~ of
Assist the CITY in determining payments due the CONTRACTOR based on the extent of
work completed.
Review claims for extra compensation and requests for extension of time submitted by the
CONTRACTOR and prepare recommendations to the CITY for final disposition.
Submit written progress reports on design activities to include statements of work
completed, findings and conclusions, delays encountered, schedule revisions, or work
modifications.
Upon substantial completion of construction, conduct an investigation of the PROJECT
and assist the CITY in preparing punch lists of work to be done to achieve final completion.
Assist the CITY in negotiating final payment for construction. Document proceedings of
negotiations, if any, and record basis for final payment.
At the completion of the PROJECT, prepare a final PROJECT status report, including a
PROJECT cost summary, and prepare mylar as-built plans for submittal to the CITY.
liD
SPECIAL SERVICES (As requested by City)
1. Provide compaction testing services.
Estimated Cost
$7,500.00
Prepare maps, descriptions and make appropriate contacts
relating to right-of-way acquisitions.
$6,200.00
Prepare Right-of-Entry documents (description by Tax Lot) where necessary to
operate on private property to construct driveway approaches, adjust or reconstruct
fences and match grades, etc.
Estimate 25 each (~ $100.00
$2,500.00
4. Provide detailed pavement design. Pavement design shall be for a 50 year
life. $3,000.00
Provide traffic signal design at the intersection of Boones Ferry Road
and Oregon State Highway 214.
$20,000.00
Provide miscellaneous consulting and other services, associated with the
PROJECT, not hereinbefore listed under Basic Services
$10,000.00
/
Page 4 - Scope of Consultant's Services
Complete property surveys to set corners for newly acquired R/W.
to be .at standard hourly rates.
ATTACHMENT
Page ..L..~_.. of
Costs are
If the CITY elects to underground existing overhead utilities as a part of the
PROJECT, provide such engineering services as are necessary to effect such
undergrounding. Engineering costs are to be negotiated or at standard hourly rates.
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Page 5 - Scope of Consultant's Services
EXHIBIT B
CITY'S RESPONSIBILITIES
ATTAOHMENT A
Page~of ~P-I
,, llD
Provide necessary information to the CONSULTANT as to the CITY'S requirements for
the PROJECT.
Assist the CONSULTANT by placing at his disposal all reasonably available information
and technical data pertinent to the PROJECT including previous reports and any other
data relative to design and construction of the PROJECT.
Furnish to the CONSULTANT, prior to any performance by the CONSULTANT under
the Agreement, a copy of any design and construction standards the CITY will require the
CONSULTANT to follow in the preparation of the contract documents.
Advertise for proposals from bidders, open the sealed proposals at the appointed time and
place and pay for all costs incident thereto.
Obtain approvals and permits from all governmental authorities having jurisdiction over
the PROJECT.
Give prompt notice to the CONSULTANT whenever the CITY observes or otherwise
becomes aware of any defect or delay in the PROJECT.
Conduct all procedures related to the LID formation process.
Hold such public hearings as is appropriate in processing the LID project.
Docket the liens related to the local assessment district and otherwise implement the
provision of the CITY CODE related to procedures for Local Improvements and Special
Assessments.
EXHTRIT C
ATTACHMENT
Page '~/ of
llD
2000 HOURLY FEE SCREDULE
Responsible Charge Engineer
Design Engineer
Technical Surpport Staff
Technical III Staff
Technical II Staff
Technical I Staff
Survey Staff
Three Man Crew
Two Man Crew
Registered Surveyor
Office Staff
Survey Expenses
Clerical
CAD Support Services
Plotter Services
Mileage
Printing at Cost
Materials at Cost
Miscellaneous Expenses at Cost
$107.50/hr
$75.00/hr
$62.50/hr
$55.00/hr
$47.50/hr
$105.00/hr
$80.00/hr
$67.50/hr
$57.50/hr
$125.00/one-time fee
$37.50/hr
$30.O0/hr
.SO/pg
$0.42/mile,$0.35/mile
11E
MEMO
TO:
FROM:
SUBJECT:
City Council through City Administrator
Public Works Program Manager J~~
Bid Award for Used Pickup Truck
DATE:
January 5, 2000
RECOMMENDATION: Reject all bids received for City of Woodburn bid number 20-
12 for a used sedan and a used pickup truck due to specifications that were written
to allow excessive deviations.
BACKGROUND: City of Woodburn bid number 20-12 for one 1998 or newer used
pickup truck and for one 1998 or newer mid size sedan with less than 20,000 miles
was opened and read at 2:00 pm on February 22, 2000. Results were:
Bidder Amount
Hershberger Motors
Hillyer's Ford
Hershberger Motors
Hillyer's Ford
Power Chevrolet
Canby Ford
Power Chevrolet
Hillyer's Ford
Power Chevrolet
Wilsonville Chevrolet
Wilsonville Chevrolet
Herscberger Motors
Hillyer's Ford
Sedan
Pickup
0,700.00
1,000.00
2,765.00
3,000.00
3,500.00
3,524.00
3,750.00
4,000.00
4,850.00
5.981.00
$ 12,965.00
~ 13,996.00
$ 15,500.00
The three Iow sedan bid and six of the ten total bids received did not comply with
stated specifications. All three pickups bid had more mileage than specified and other
deviations. Review of the specifications indicated that they allowed the impression
that the city would accept significant deviations from the specifications. This was
not the intent of the Public Works Department and for this reason the
recommendation is that all bids be rejected.
llF
February 28, 2000
TO:
FROM:
SUBJECT:
Mayor and City Counci].~-
City Administrator ,~t Ca2)
Solicitor's Permit for United States Mission
Recommendation:
It is recommended the City Council approve a permit allowing the
United States Mission to solicit door-to-door from February 29 through
March 29, 2000.
Background:
Ordinance 1187 establishes licensing requirements for solicitors
and peddlers doing business in the City of Woodburn (Attachment 1).
Section 2 (e) addresses procedural exceptions for non-profit, religious,
civic, and fraternal organizations, including fee waivers. Section 2 (E)
also prohibits any such organization from soliciting door-to-door until
the City Council has approved a permit.
Case law has diminished local government authority to regulate
solicitation by religious and charitable organizations. In essence, local
agencies cannot deny such organizations the right to solicit, or greatly
restrict the hours in which they may solicit.
Discussion:
The United States Mission is interested in soliciting door to door in
Woodburn. The Mission has conducted similar activities in Woodburn in
the past, and uses the proceeds to provide live-in residency and self help
programs for the homeless. Pursuant to Staff's request and Ordinance
1187, the Mission is asking the Council's permission to solicit donations
between February 29 and March 29, 2000).~ Provided with the Missions'
request is proof of it's status as non-profit corporation recognized by both
the Internal Revenue Service and the Oregon Secretary of State's Office,
and information regarding the Mission's activities (Attachment 2).
Solicitation is anticipated to occur, intermittently, between the
hours of 2 o'clock and 8 o'clock pm on weekdays, and between 1 o'clock
I The February 17, 2000 letter references solicitation dates from February 25 to Ma~ch
0.5, 2000. As Council will not meet until February 28~, City staff asked for and received
a verbal modification of the request to be effective between February 29 and March 29,
2000.
Mayor and City Council
February 28, 2000
Page 2.
llF
and 7 o'clock pm on Saturdays. The following individuals will be
involved in solicitation, and will wear photo identification:
Walter M. Dudzinski
Michael J. Heaton
Kenneth Warde
Lisa Marie White
With respect to hours of operation, Staff requested the Mission to
finish soliciting on weekdays earlier than 8 pm, as residents may prefer
not to be solicited after dark, or during their dinner hours. The Mission
administrator indicated the hours between 5:30 and 8 pm are the most
lucrative for their activities. He further indicated they will exercise their
legal right to solicit till 8 pm, but will not stop at any home signed, ~no
soliciting".
As your Council's ability to deny a permit is questionable, and
because it is in the public interest to house the homeless without the use
of taxpayer's dollars, your approval for the requested permit is
recommended. With such approval, a press release will be issue to the
Independent to inform the public of the upcoming solicitation, and a
letter will be sent to the board of Senior Estates.
As a side note, in reviewing this issue, I found Ordinance 1187 to
be out of date. While the matter is not often raised, the City would be
well served to have an Ordinance that reflects the current state of case
law, and that allows for administrative action without burdening the
Council to reach a foregone conclusion. Unless I receive direction to the
contrary, it is staff's intent to update the peddler's and solicitor's
Ordinance as time permits and bring it back to Council for consideration.
JCB
5-4
Woodburn Ordinances
ORDINANCE NO. 1187
ATTACHMENT. ~-
Page / of. _5~ -
5-4.2
llF
AN ORDINANCE DEFINING, REGULATING, AND LICENSING SOLICITORS AND
PEDDLERS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING PENALTIES FOR VIOLATIONS OF THIS ORDINANCE.
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. Permit and License Required. It shall be unlawful for any person
to engage in business as a peddler or solicitor, as defined in this ordinance, within the
corporate limits of the city of Woodburn, without first obtaining a license as herein
provided.
Section 2. Definitions.
(a) Person shall include the singular, plural, firm, corporation, association,
partnership, society, or other organization.
(b) Peddler includes any person traveling by any means from place to place,
house to house, or street to street offering or exposing goods, wares, merchandise,
or services for sale, or making sales, and delivering articles to purchasers.
(c) Solicitor includes any person traveling by any means from place to place,
house to house, or street to street taking o[ attempting to take orders for sale of
goods, wares, merchandise, or services for future delivery or to be furnished in the
future, regardless of the method of payment.
(d) Exemptions. The terms of this ordinance shall not be held to include the
acts of persons selling personal property at wholesale to dealers in such articles, nor
to newsboys, nor the acts of local merchants or their employees in delivering goods
in the regular course of business, nor shall the terms of this ordinance be held to
include or apply to any farmer or truck gardener who shall vend, sell, or dispose of,
or offer to sell, vend, or dispose of the products of the farm or garden occupied and
cultivated by him within the state of Oregon. Nothing contained in this ordinance
shall be held to prohibit any sale required by statute or by order of any court, or to
prevent any person from conducting a bona fide auction sale pursuant to law. __
(e) Nonprofit organizations, religious organizations, fraternal organizations,
civic organizations, and clubs, wishing to canvass for funds, or sell from door to door,
to an occupant or occupants of residences, to raise funds to be used solely for the
purpose for which the organization or club is created, and from which no individual
third party receives a profit, shall, in lieu of all other application and licensing
provisions of this ordinance, apply to the council for a permit, which application shall
contain such information as the city recorder may require, or is demanded by the
council; and the council may, after an investigation as to the purpose of the project
and the use to which the funds so raised are to be put, reject the application or
approve it and direct the permit be issued. It shall be and is hereby declared to be
Woodburn Ordinances
ATTACI-JMENT.,-~
Page ~ of .:5-
5-4.2 5-4.4
a violation of this ordinance for any person or party to canvass for funds or sales for
any such organization or club from door to door of the occupant or occupants of
residences until the council has approved the application and the permit has been
issued. Such permit shall be issued without charge to the applicant.
Section 3. Applications.
(a) A person desiring to be licensed under this ordinance must file with the
city recorder a sworn application, in writing, on a form to be furnished by the city
recorder, which shall give the following information and material: (1) The name and description of the applicant.
(2) The permanent address of the applicant and, if this is not a local address,
the local address, if any, to be used by the applicant.
(3) A brief description of the nature of business and the goods or services
to be sold. In the case of products of farms or orchards, a statement whether the
produce to be sold is grown by the applicant.
(4) If the applicant is employed, the name and address of the employer,
together with credentials establishing an exact relationship.
(5) A photograph or snapshot of the applicant shall have been taken within
60 days immediately prior to the date of the filing of the application, showing the
head and shoulders of the applicant in a clear and distinguishing manner. (6) The fingerprints of the applicant.
(7) The names of at least two reliable persons who will vouch for the
applicant's good character and the business he represents.
(b) At the time of filing the application, a fee of $25.00 shall be paid to the
city recorder to cover the cost of investigation. [Subsection (b) as amended by
Ordinance No. 1624, passed June 26, 1978.]
Section 4. Investigation and Issuance.
(a) Upon receipt of an application, the same shall be referred to the chief of
police, who shall cause investigation of the applicant's business and moral character
to be made as shall be deemed necessary for the protection of the public interest.
(b) The chief of police, within five days from the date of the application,
shall endorse the application as "satisfactory" or" unsatisfactory" and, if the same
shall be endorsed "unsatisfactory;" the reason for such endorsement shall be set forth
thereon. If the application is not returned to the city recorder within five days, the
endorsement shall be presumed to be "satisfactory."
(c) Where the application is endorsed "satisfactory," or if five days shall
have elapsed without the return of the application by the chief of police, the city
recorder shall issue a license card to the applicant for the conduct of the activity for
which application was made. Such license shall contain the signature and seal of the
issuing officer and shall show the name, address, and photograph or snapsho~ of the
licensee, the kind and goods to be sold thereunder, the date of issuance and the
llF
Woodburn Ordinances
ATTACHMENT ~
Page ~",) of ~-
llF
5-4.4
5-4.6
expiration date of the license. The city recorder shall keep a permanent record of all
licenses for a period of two years from the date of issuance.
(d) If the application is returned from the chief of police endorsed
"unsatisfactory," the city recorder shall notify the applicant that his application has
been disapproved and the reasons therefor.
Section 5. Crew Licenses and Bonds. In lieu of an application being filed by
each solicitor or peddler, the employer of any solicitors or peddlers may file separate
applications for each solicitor or peddler employed by him and, upon satisfactory
compliance with the requirements of this section and the payment of the license fee
prescribed by Section 6 of this ordinance for each member of the crew, a crew
license shall be issued to the employer designating the name of the employer and the
solicitors or peddlers named in the application; and separate licenses or identification
cards may be issued to each solicitor or peddler. The employer may make
substitutions of solicitors or peddlers or add additional solicitors or peddlers from time
to time within the limits of such crew license, and, upon filing an appropriate
application as aforesaid, may have the city recorder transfer such licenses or
identification cards from one solicitor or peddler employed by him to another so
employed without paying any additional license fee. The city recorder may, in his
discretion, in lieu of an investigation and the payment of an application fee, accept
a corporate surety bond satisfactory to the city attorney in the sum of 91,000.00,
conditioned upon:
(a) The observance by the applicant of the provisions of Sections 1, 8, 9,
10, 12 and 14 of this ordinance and all laws of the state of Oregon.
(b) The truth of all representations made in connection with the application
for a license.
(c) A guarantee that the person named in the bond will return the purchase
price of any article or service purchased or ordered to the purchaser or person
ordering upon return of the article purchased or relinquishment of the order and upon
proof that any false or misleading statement or representation has been made
concerning any personal property or any service or any subscription sold or offered
for sale to said purchaser or person ordering. In the instance of a crew license, the
employer may, instead of filling a separate bond for each peddler or solicitor, file one
bond in a sum equal to 92,000.00.
Section 6. License Fee.
(a) All peddlers and solicitors shall pay an annual license fee of 915.00.
Licenses may be renewed on an annual basis upon payment of the license fee.
(b) All licenses shall run from January I to December 31, inclusive. One-
half of the annual license fee shall be charged for licenses issued after jUly 1.
[Section 6 as amended by Ordinance No. 1618, passed June 13, 1978.]
Woodburn Ordinances
ATTAC~IENT -~ Ill;
Page ~ of ,"~
5-4.7 5-4.1 1
Section 7. Transfer. No license shall be used at any time by any person other
than the one to whom it is issued, unless it shall have been transferred pursuant to
Section 5 of this ordinance.
Section 8. Exhibition of License. Peddlers and solicitors are required to
exhibit their license cards at the request of any citizen.
Section 9. Posting Premises. Any resident of the city of Woodburn who
wishes to exclude peddlers and solicitors from residence premises occupied by him
may place upon or near the usual entrance to such premises a printed placard or sign
bearing the words "Peddlers and Solicitors Prohibited," or other similar notice. Such
notice shall be reasonably visible with normal eyesight for a distance of four feet.
Any peddler or solicitor who goes into or approaches within four feet of such posted
notice upon a private residence property in the city of Woodburn that has been duly
posted pursuant to this section for the purpose of soliciting orders for the sale of
goods, services, wares or merchandise or for the purpose of disposing of or hawking
the same shall be in violation of this ordinance.
Section 10. Duties of Police to Enforce. It shall be the duty of any police
officer of the city of Woodburn to require any person seen peddling or soliciting and
who is not known by such officer to be duly licensed to produce his license card and
to enforce the provisions of this ordinance against any person found to be violating
the same.
Section 11. Revocation of License.
(a) Licenses may be revoked by the city recorder, after notice of hearing for
any of the following causes:
(1) Fraud or misrepresentation or false statement contained in an
application for license.
(2) Fraud or misrepresentation or false statement made in the course
of carrying on the business as peddler or solicitor. (3) Any violation of this ordinance.
(4) Conviction of any crime or misdemeanor involving moral turpitude.
(5) Conducting the business of peddling or soliciting in an unlawful
manner or in such a manner as to constitute a menace to the health, safety, or
general welfare of the public.
(b) Notice of hearing for revocation of a license shall be given in writing
setting forth the grounds of the complaint and the time and place for hearing.~ Such
notice shall be mailed, postage prepaid, to the licensee at his last known address at
least five days prior to the date set for hearing.
Woodburn Ordinances
ATTACH~IENT ~
Page '~ of
llF
5-4.12 5-4.16
Section 12. AoDeal. Any person aggrieved by the action of the chief of police
or the city recorder in denial or revocation of his license shall have the right to appeal
to the council of the city or Woodburn. Such appeal shall be taken by filing with the
council, within 14 days after notice of the action complained of has been mailed to
such person's last known address, a written statement setting forth fully the grounds
for the appeal. The council shall set a time and place for the hearing of such appeal
and notice of such hearing shall be given to the appellant in the same manner as
notice of revocation. The decision and order of the council on such appeal shall be
final and conclusive.
Section 13. Sellina by Public Outcry. Hawking or selling display goods on the
public streets in the city of Woodburn by public outcry is hereby specifically
prohibited; except that this section shall not apply to special promotional sales when
such sales have been requested by or through the chamber of commerce and have
been approved by the common council.
Section 14. Severabilit¥. The provisions of this ordinance are declared to be
severable and if any section, sentence, clause, or phrase of this ordinance shall, for
any reason, be held to be invalid or unconstitutional, such decision shall not effect
the validity of the remaining sections, sentences, clauses, and phrases of this
ordinance and they shall remain in effect.
Section 15. Civil Infraction Assessment. A violation of any provision of this
ordinance constitutes a class 4 civil infraction and shall be dealt with according to the
procedures established by Ordinance 1998. [Section 15 as amended by Ordinance
2008, passed October 24, 1988.]
Section 16. Repealing Clause. That portion of Section 1, Ordinance No. 892,
relating to license fees for "Vending and peddling from house to house except
products produced from premises owned or operated by such vendor or peddler" is
hereby repealed.
Passed by the Council and approved by the Mayor February 18, 1969.
FROM : UNITED STATES MISSIONxPORTLAND FAX NO. : 503 249 1903 Feb. 17 2000 03:48PM n~
?b: (5O3) 2~.9~94
FAX: (503) ~19-1903
United States Mission
of Portland, Oregon
Page ! of "7
/IF
P.O. Box 11576 · Portland, Oregon 97211-0576
Brian Jones, Administrator
Location
4545 N.E. Garfield Ave.
Portland, OR 972H
February 17, 2000
Pursuant to City of Woodburn Ordinance No. 1187, Sec. 2(e),
the following resident/members of the United States Mission
will be engaged in door-to-door solicitation for funds in the
City of Woodburn during the period 2/25/00 through 3/25/00:
Name
Walter M. Dudzinski
Michael J. Heaton
Kenneth Warde
Lisa Marie White
DOB SSN
4/11/36
4/29/76
2/14/47
4111/70
042-26-4066
551-43-9731
540-58-3842
540-13-4803
All solicitors will carry photo ID issued by the Mission.
Hours of solicitation: M-F 2PM-SPM; Sat 1PM-TPM.
Proceeds will benefit our long-term transitional program for
homeless men and women and other Mission programs in our ser-
vice area extending from Longview, WA to Eugene, OR.
Any questions may be directed to my office: (503) 288-9294.
Br£~n
Idminit~
"People Ffelping People" Serving Our Community Since 1962
Lo, Angeles .. San J'ose · San Francisco · San Diego · Sacramento · Phoenix · Portland · Seattle
~:an Antonio .. Houston · D,.nw-r
FROM : UNITED STRTES MISSION/PORTLRND FRX NO. : 583 249 1903 Feb. 17 2888 03:49PM --
?h: {503) 2~S.9294
FAX: (503) 249.1903
United States Mission
ATTACHMENT
of Portland, Oregon o,
P.O. Box 11576 · Portland, Oregon 97211-0576
Brian Jones, Administrator
l.ocation
4545 N.E. Garfield Ave
Partland, OR 97211
The purpose of the mission is to provide a live-in residence with quality meals, a self-help work
program that provides the individual residents with the opportunity of turning their lives arour~d
and getting back in the mainstream of society.
We are located at 4545 N.E. Garfield Avenue in Portland. We provide long-term shelter for both men
and women.
As we have found over the years, homelessness is not confined simply to those people who are
substance abusers or have mental problems, but indeed effects people of all ages, backgrounds and
races.
Funding for the Mission
The congregation of the United States Mission receives no money from federal, state or city agencies.
We depend entirely upon the individual generosity of citizens and businesses to keep our doors open,
and the current programs in operating order.
Door-to-door solicitation is our basic means of support, and also serves several other functions as
well:
(1) It is a way for the residents to feel that they are a vital part of the organization that is helping
them.
(2) Doing the door-to-door solicitation requires that the residents put in at least four volunteer hours
a day. This gets them back into the habit of a regular work schedule.
"People Helping People" Serving Our Community Since 1962
Los Angeles · San Jose · San Francisco · San Diego · Saczamento ° Phoenix * Portland · Seattle
San Antonio · Houston · Denver
FROM : UNITED STRTES MI$$ION/PORTLRND FR× NO. : 503 249 1903 Feb. 17 2000 03:4gPM
C £ R 7 7 F I CA TE ATTACHMENT ~'
Page ~ of ?
State of Oregon
()FFICE OF TllE SECRETARY OF STATE
Corpora. tion Division
P4
llF
I. BILl.. lIRA DB UR K Secretary of State of Oregon. and Custodian t?f the Seal
~t/'said Stt~te. do hereby
UNITI£D S7;~ 7~5 MISSION CORPORA ITON
a NonproJh Corporation,
incorporated under the laws of
Califont ~
wos attthorigcd to transact bttsiness in Oregon on
June 13, 1977
ami is active o. the records of the CorForation Division as
t~ the &tie of this ceH~cate.
in 7'estimo.v Whereof i have hereunto set
my hand and affixed hereto the Seal of the
.~lctle of Oregon.
BILL BRADBURK Secretary of State
Jantta~y 6. 2(XX)
1301
FROM : UNITED STATES MISSION/PORTLRND
Internal Revenue Service
Date: January 26, 2000
U~ited States Mission Corporation
8314 Greenwood Avenue N. tt17
Seattle. WA 98103
FRX NO.
: 503
249
190] FEb. 17 2000 03:49PM pm
ATTACH. ~ENT -llF
Page --r of., '7 _
Department of the Treasury
P. O. Box 2508
Cincinnati, OH 45201
Person to Contact:
Judy Simonson 31-04016
Customer Service Representative
Telephone Number:
877-829-5500
Fax Number:
513-263-3756
Federal Identification Number:
94-1585260
Dear Sir:
This is in response Io your request for a copy oi' your organization's determination letter. This will take the
place et the copy you requested.
In May 1982 we issued a determination loiter that recognized your organization as exempt from federal income
tax ~nder soclion 501(c)(3) of the Internal Revenue Code. That letter is still in effect.
We classified your organization as one that is not a private foundation within the meaning of section 509(a) of
the Code t)ec~use it is an organization described in sections 509(a)(1 ) and 170(b)(1)(A)(i). This classification
was based on the assumption that your organization's operations would continue as stated in your application.
II~ your sources o¢ support, character, method of operations, or purposes have changed, please let us know so
we can consider the effect of the change on your organizallon's exempt and foundation status.
All exempt organizations (unless specifically excluded) are liable for taxes tinder the Federal Insurance
Contributions Acl (social security taxes) on remuneration of $100 or more paid each employee during a
ca[e.der year'. Your organization is nol liable for the tax imposed under the Federal Unemployment Tax Act
(FUTA),
if your organization is a church or a qualil'ied churcl~-controlled organization as defined in section 3121(w}(3) o!
tho Code, it may clect to exclude wages paid to its employees (other than for services performed in an
unrelated trade or business) for social secudly taxes. This election must be made by filing Form 8274 by the
day be~'orc the date the organizalion's first quarledy employment tax return would be due under the revised
law. If your organization makes lhis election, its employees who earn $100 or more during a calendar year
become liable for the payment of l. he self-employment tax on the wages the organization pays them.
Donors may deduct crmtributions to your organization as provided in section 170 of the Code. Bequests,
legacies, devises, Iransfers, or gifl, s to your organization or for ils use are deductible for federal estate and gift
lax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code.
Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated
business income under section 511 of the Code. If your organizalion is subject to this tax, it must file an
income tax return on the Form 990-T, Exempt Organization Business Income Tax Return. In lh~s letter, we are
not delermining whether any of your organization's presenl or proposed activities are unrelated trade or
business as defined in section 513 of the Code,
Organizetto-s that ere not private foundations are nol subject Io lhe excise taxes under chapter 42 of the
Code. However, these organizations are riel automatically exempt from olher federal excise taxes,
FROM
UNITED
STATES
MISSION×PORTLAND
FAX NO. : 583 249 1983 Feb. 17 2888 83:50PM P6
ATTACHIYlENT.-~
Page~ of 9 .... llF
U.S. MISSION
HONORED FOR
MANY SERVICES
TO THE HOMELESS
"...the Mission is making a significant contribution to thc We'il-being of the homeless in our city. You have a proud record of service...both
locally and nationally." MAUREEN O'CONNOR
Former Mayor o/San Diego
"...we hereby declare February 9th as"United Slates Mission Day" in the county of San Diego, and do commend Reverend Rocco and his slaff
for their el/otis on behalf of the people of our community."
BOARB OF SUPERVISORS
of San Diego
"...the United States Mission has improved Iht lives of countless people and I~as demonstrated that the revered American tradition of neighlmr
helping neighbor is still alive and well." GEORGE DEUKM 'FJIAN
,%rn,er Govenwr of Cart/on, ia
"...you are providing critically needed services for thc homcl~s, and your cfforts in doing this with solely private donations are commendable,"
ARTAGNOS
'" Former Mayor of San Francisco
'~l'he United States Mission ham helped thousands of homeless and elderly with'shelter, clothing, meals, and jobs at shckcrs in San Francisco,
San Diego and Los Angeles. Your outstanding contribulJons have helped make our cities better places in which we live."
TOM BIL~DI.EY
Form'er Mayor o/Los Angeles
"Far the .~v.~'es of people who have found compassion and true asgi~tance thrOUgh the Mission. I know they carry you with gratitude in their
hearts. You have thc admission of the San Diego community for ye;ur tireless commitment lo provide food, clotifing and shelter for the homeless."
PETE WILSON
Governor of Califonda
'Thc work which you have been doing sinc~ 1962 is a compassionate program of assistan~ to the homeless, elderly and needy. I support that
work and encourage ynur generosity and the programs you havo established."
JOIlN VAN DE KAMP
Former Attorney General of California
"It's Ihe best shelter program in the city. They're really helping, and doing it right."
WILLII~ KENNEDY
San F~'ancisco Supervisor .
· "! would like to thank you for the uplifting and dedicated service you have provided ~or the homeless. It's organizations like your~ that make
America a better place for IhOSe in need of a helping hand."
BILL LOWERY
'" Congrex~' of th~ United Stat~
"To the Reverend Pal Rocco - ~ongratulations and best w{shea.". ,
RONALD REAGAN
FROM : UNITED STATES MISSION/PORTLAND FAX NO. : 503 249 1903 Feb. 17 2000 03:51PM p7
The United States Mission
Hudson House
Fotmded
in
1962
M t. SS ION FACTS
71J," ,,i.~,~fl.~n..~ goal l.s to .~et the hot,selc,~$ off the strt~:cl.$' and Zr~to
i'~'ansitional housing and employn~enl'.
'1;~ a~'t'onTt~li.s.h l'./zls gt')~l. {Ire nzission ~oes to the heal'{' of each
indi~,qdual.~ problem and slarts there,
.fot.,r~.ding in 1.962 Tim Llnited
.Mis$io.n/Hudson ["louse has not.
city, statc, or federal grants or
tax dollars.
7he tni, s$ion oll~.:rs a Work Based progrmm O1VLY.t!
?lie MISSION/.2(.)£k$ NOT BELIEVE IIV A FREE RII)E.
N~ ,mcjt~si sil.s oround al' Iht: mission, Our tnotto is: "A HA1VD UP/
NOI'A HAND OUT ':
working housck:,s.s w~th a home and phonc number:...
ne(:dcxt t~,sourc¢ when lookin~ for and kcepin~ cmploymenL
A !~wr: f/Can anti soberprogram/J~at lbllow~ lhroug, l~ with
n~andato .rt, dr,.~g tcsling and counseling:
1~'o~4cle.5 A;od. shelter and clothing, to work minded p¢ople.
llF
.~:~.
~ .~,
.iii,.
.~.~:
FROM : UNITED STATES MISSION/PORTLAND FAX NO. : 503 249 1903 Feb. 17 2000 03:51PM P8
· : '. Founded :'-:.
· in 19611
·" ;i::: -... '."
The United States Mission
Hudson House
7'ransltional Housing, I~-o~[rarns
SE.LF-HELP AND ACCEPTANCE;
Compliance with house rules and group living
requirements, p. lus participation in bellying.
others, promot~ona~ progr~ms and FUND--
RAI SIN G ACTIVITIES.
II. SELF-GROW~FH AND RESPONSIBILI.TY:
Use of job seekin~ skills and opportunities,
meeting communal living expectations
and displaying societal and spiritual growth.
III.
SELF-ESTEEM AND SATISFACTION;
Finding permanent employrp.ent, securing in-
dependent living accomodiations and Partici~
pating in spiritual, social and community
activities.
THE UNITED STATES MISSION OFFERS
"A HAND UP, NOT A HAND OUT"
14A
Community
Development
270 Montgomery Street
MEMORANDUM
Woodburn, Oregon 9707'1
(503) 982-5246
Date:
To:
From:
Subject:
February 23, 2000
Mayor & City Council thru City Administrator
Planning Commission ,~ Lq,
Site Plan Review 99-25 (Mall 99 Remodel)
On February 10, 2000 the Planning Commission acknowledged administrative
approval, with conditions, the remodel of the Mall 99 complex.
II.
APPLICATION INFORMATION:
Applicant:
Ankrom Moisan Architects
6720 SW Macadam, Suite 100
Portland, OR 97219
Property Owner:
Key Investment Properties, Inc.
7150 SW Fir Loop #214
Tigard, OR 97223
Application Deemed Complete: December 29, 1999
120 Day Rule Deadline: April 27, 2000
Staff Report Available for Public Review: February 7, 2000
NATURE OF APPLICATION:
The applicant requests administrative site plan approval to renovate the existing Mall 99
shopping center located at the southeast corner of N. Pacific Highway and Hardcastle
Avenue.
II1. RELEVANT FACTS:
The applicant proposes to renovate the shopping center by upgrading the exterior
appearance of the buildings and by re-striping and landscaping the parking lot. The
applicant does not propose to expand the existing buildings or change the use of any
14A
buildings at this time.
The site is generally located at the southeast corner of N. Pacific Highway and
Hardcastle Avenue. The subject parcel is specifically identified on Marion County Tax
Assessor Maps as T5S RlW 8CD Tax Lot 6300.
The property is zoned CR (Commercial Retail District) and has a comprehensive plan
designation of Commercial. Adjacent properties to the north and south are zoned CR
and developed with commercial uses. Property to the west is zoned CG (Commercial
General District) and developed with commercial uses. Property to the east is zoned
RM (Residential Multiple Family) and developed with duplexes.
Community Development Department Conditions:
The proposed development shall be in substantial conformance with Exhibit "A"
Development Plans, dated 1-27-00;except as otherwise amended by these
conditions.
Final landscaping and irrigation plans shall be submitted to the Community
Development Department for approval prior to issuance of building permits. Said
plans shall indicate the names (botanical and common), sizes and locations of all
plants and shall be prepared in compliance with applicable requirements of the
VVoodburn Landscaping Policies and Standards.
All landscaping shall be maintained year round. Plantings shall be watered
regularly and in a manner appropriate for the specific plant species through the
first growing season, and dead and dying plants shall be replaced by the applicant
during the next planting season. No buildings, structures, storage of material, or
parking shall be permitted within the required landscape and buffer areas. All
landscape and buffer areas shall be maintained and kept free of all debris, weeds
and tall grass.
A lighting plan shall be submitted to the Community Development Department
prior to issuance of building permits. Said plan shall indicate intensity of site
illumination and shall ensure that light impacts on adjacent uses are minimized.
The applicant shall comply with parking lot lighting and area and building lighting
as specified by the Woodburn Police Department.
Comply with the parking and loading area development requirements as specified
in Chapter 10 of the Zoning Ordinance.
5. Meet vision clearance standards of Chapter 8 of the Zoning Ordinance.
Curbing, striping, sprinkler system, and lighting shall be kept in good c~ndition.
Any damage shall be repaired in a timely manner.
14A
Any conditions attached to the approval of the site plan shall be conditions on the
issuance of a building permit. A violation of the conditions shall be considered a
violation of the ordinance.
o
All work shall conform to City of Woodburn standards and State fire and
building codes.
0 O3
Z
-I
-r
0
Z
0 .1~
0 01
_.~
Z
0 O~ ~
0 0 0
Co 0
-o > >
-o > >
-o -o > >
Z
"" '14A
& Beautification Project for:
I EX"I'ERIOf;~ ELEvATIC~I~ ~ 9~
~toodburn, OR
' ' .... 14A
~11 A Beautification Project for: ANI:~,OM MOISAN []
OPENING STATEMENT FOR LAND USE HEARINGS
REQUIRED BY ORS CHAPTER 197
This is the time set for pu°glic hearing in Annexation 4/99-02, Comprehensive Plan Map Amendment g99-02, Zone
Map Amendment g99-06, and Site Plan Review g99-14. The nature of the application is to consider a revised
application involving a petition requesting to annex 3.32 acres to the City of Woodburn. The owners of the subject
property have filed the necessary petition and do consent to the proposed annexation. In addition, the applicant is
requesting a Comprehensive Plan and Zone Map change from Marion County Urban Transition Farm (UTF) to City
Multi-Family Residential (RM), and a Comprehensive Plan and Zone Map change for an adjacent tax lot of .98 acres
from Single-Family Residential (RS) to Multi-Family Residential (RM). The annexation, Comprehensive Plan/Zone
District map change is being sought by the applicant in order to request approval of a Site Plan Review for Boones
Ferry Place, a retirement center, on a total of 4.3 acres. The site plan includes a 12 suite Alzheimer facility and a
90 suite assisted living facility. No variances are needed with the revised proposal. The applicants are Wally
Gutzler and Anthony Kreitzberg.
The law requires the City to list all substantive criteria relevant to each hearing. The applicable substantive
criteria is listed in the notice of public hearing and is as follows:
Ao
Bo
Co
D.
E.
F.
WOODBURN COMPREHENSIVE PLAN
Chapter 9. Goals and Policies:
a) Residential Land Development Policies
d) Annexation Policies
g) Housing Goals and Policies
h) Public Services Goals and Policies
m) Growth and Urbanization Policies
WOODBURN ZONING ORDINANCE
Chapter 8. General Standards
Chapter 9. Residential Standards
Chapter 10. Off Street Parking, Loading and Driveway Standards
Chapter 11. Site Plan Review
Chapter 15. Zone Change Procedure
Chapter 16. Comprehensive Plan Amendment Procedure
Chapter 26. Multiple Family Residential District
Chapter 39. Mandatory Parkland Dedication or Cash in lieu of
WOODBURN LANDSCAPING STANDARDS
WOODBURN SIGN ORDINANCE
WOODBURN TRANSPORTATION SYSTEM PLAN
WOODBURN ACCESS MANAGEMENT ORDINANCE
The full text of all listed criteria is printed in the staff report which has been distributed prior to this hearing
and is also available now for inspection by any interested persons.
Page 1 - Opening Statement for Land Use Hearings
Council Public Hearing - Annexation #99-02, et al
February 28, 2000
2. All testimony and evidence must be directed toward these criteria or other criteria in the plan or land use
regulation which the person testifying believes apply to the decision. Please relate your testimony to the listed
criteria.
3. The failure to raise an issue accompanied by statements or evidence sufficient to afford the City Council and
the parties, an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals based on that
issue.
4. The failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval
with sufficient specificity to allow this Council to respond to the issue precluded an action for damages in circuit
court.
5. Any participant may request, before the conclusion of the initial evidentiary hearing, an opportunity to
present additional evidence or testimony. The City Council shall grant the request by either:
(a) continuing the public hearing to a specific date and time at least seven days from the date of the
initial evidentiary hearing, or
(b) leaving the record open for at least seven days for additional written evidence or testimony.
If the hearing is continued and new written evidence is submitted at the continued hearing, any person may request,
prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit
additional written evidence or testimony to respond to the new written evidence. If the record is left open rather
than continuing the hearing, any participant may file a written request to reopen the record to respond to new
evidence submitted while the record was left open and the City Council shall grant that request.
The applicant is allowed at least seven days after the record is closed to all other parties, to submit final written
arguments, but not new evidence, in support of the application.
6. If additional documents or evidence are provided by any party, the City Council may allow any party to the
hearing a continuance of the heating, or leave the record open, to allow the party a reasonable opportunity to
respond.
7. Everyone addressing the City Council is requested to come forward, use the microphone, and begin by giving
your full name and address. We wish to hear from everyone who is interested in the proposal. (For those of you who
wish to testify, please be sure to fill out the "Hearing Testimony Sign-Up Sheet" located on the table in the hallway).
We will now proceed with the staff report.
Page 2 - Opening Statement for Land Use Hearings