Agenda - 05/27/2003 WOODBURN CITY COUNCIL
AGENDA
MAY 27, 2003- 7:00 P.M.
CALL TO ORDER AND FLAG SALUTE
ROLL CALL
ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. The City Budget Hearing and Urban Renewal Budget Hearing
scheduled for May 17, 2003 is continued to May 28 at 7:00 p.m.
in the City Hall Council Chambers.
B. The skate park ribbon cutting ceremony and grand opening
will be May 31,2003 at 10:30 a.m.
C. "Saturday at the Library" will be held on May 31,2003 at 1:30
p.m. in the Youth Services Area. That afternoon's program is
titled "Latin American Music and Song" by Connie Bieberach
and Company. Connie Bierberach, Mariano de Orbegoso
and David Fisher share music in Doth Spanish and English.
D. A public hearing on the West Lincoln Street Local Improvement
District will be held June 9, 2003 at 7:00 p.m.
Appointments:
E. Sign Ordinance Focus Group
4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
None.
May 27, 2003
Council Agenda
Pagei
5. COMMITTEE REPORTS
e
e
Chamber of Commerce
Woodburn Downtown Association
COMMUNICATIONS
ke
Letter from Portland General Electric Company dated
May 19~ 2003.
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.
Ae
Woodburn City Council minutes of May 12, 2003, regular and
executive sessions.
Recomjmended Action: Approve the Woodburn City Council
minutes.
Be
Woodburn Planning Commission draft minutes of May 8, 2003.
Recommended Action: Accept the Woodburn Planning
Commission draft minutes.
Ce
Woodburn Recreation and Park Board draft minutes of May 13,
2003.
Recommended Action: Accept the Woodburn Recreation
and Park Board draft minutes.
De
Woodburn Community Center Task Force meeting notes of
May 5, 2003.
Recommended Action: Accept the Woodburn Community
Center Task Force meeting notes.
Ee
Claims for April 2003
Recommended Action: Receive the report.
Tree Removal - Settlemier Park
Recommended Action: No action - information item only.
TABLED BUSINESS
None.
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14
19
22
23
29
May 27, 2003 Council Agenda Page ii
10. GENERAL BUSINESS
11.
12.
13.
14.
15.
Ae
Council Bill 2453- Resolution naming the skate park located in
Settlemier Park the Richard Jennings Skate Park and
designating the Richard Jennings Skate Park as an outdoor
recreational facility in the City of Woodburn.
Recommended Action: Adopt the resolution.
Bo
Council Bill 2454 - Resolution seffing new fares for fixed route
transit and dial-a-ride transportation services.
Recommended Action: Adopt the resolution.
Ce
Council Bill 2455 - Resolution calling for a public hearing on the
annexation of certain property located on the east side of
Highway 99E, approximately 1400 feet south of Cleveland
Street, and addressed as 350 South Pacific Highway.
Recommended Action: Adopt the resolution.
De
Contract Award for Resurfacing Improvements
Recommended Action: Award the construction contract to
the lowest responsible bidder, Parker Northwest Paving, for
resurfacing of Montgomery Street, Third Street, Fourth Street
and Fifth Street in the amount of $93,197.50.
PUBLIC HEARINGS
None.
PUBLIC COMMENT
NEW BUSINESS
A. Proposed Nuisance Ordinance
B. JLR/Bruce Pack Request for City Services
PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These
are Planning Commission or Administrative Land Use actions that may be
called up by the City Council.
A. Planning Commission's approval of Design Review 02-10 and
Variance 02-06 (1385 Meridian Drive).
CITY ADMINISTRATOR'S REPORT
30
37
40
43
45
70
95
May 27, 2003 Council Agenda . Page iii
16.
17.
18.
MAYOR AND COUNCIL REPORTS
EXECUTIVE SESSION
None.
ADJOURNMENT
May 27, 2003 Council Agenda Page iv
Portland General Electric Company
121 SW Salmon Street · 1 WTC1716 ° Portland, Oregon 97204
office (505) 464-8855 · facsimile (503) 778-5566
Ronald W. Johnson
Vice President
Customer Resource Strategy
& Generation Engineering
6A
May 19, 2003
Dear PGE customer,
It seems like I've been sending you a lot of letters lately, but I hope you'll appreciate that it's all
in an effort to keep you more informed about changes in PGE's prices. Since Oregon's energy
restructuring plan was adopted, determining our rates has become an even more dynamic
process. And because the process involves forecasts and estimates, things change more
frequently than I like. For instance, in addition to updating our cost-of-service rates on an annual
basis through the Resource Valuation Mechanism (RVM), there are also several adjustment
schedules in effect during certain periods of time.
One of those adjustments is the Power Cost Adjustment (PCA) Schedule 127. This PCA was
designed to "tree up" the difference between forecasts vs. actual costs of our energy revenues
and power costs for the period of October 2001 - December 2002. You may recall a letter I sent
you in March that indicated the true up would result in an average overall price increase of 1.4
percent beginning July 1 through the remainder of 2003, due to PGE incurring higher costs than
originally forecasted. Through this PCA sharing mechanism, PGE is absorbing about $40 million
and collecting $38.3 million, including interest, from all customer classes.
The reason I'm writing to you today is to let you know that the tree up increase as filed with the
Oregon Public Utility Commission is now estimated to be about 2 percent if it is all to be
collected by year-end. The change is due primarily to corrections to the collection assumptions;
the total amount of the collection, $38.3 million, has not changed since my March letter. To
avoid any change from the 1.4 percent number, we proposed to extend the collection period by
one month and to forgo interest charged to customers on any balance remaining after December
31, 2003, and complete all billing before January 31, 2004. Again, this option would have
maintained a 1.4 percent adjustment instead of increasing it to about 2 percent. However, one
customer group was unwilling to support our preferred approach, so we are filing to implement
the collection in accordance with the stipulation that the collection occur by year end. The
adjustment in the PCA rate is subject to Oregon Public Utility Commission approval, and their
decision is expected July 1, with a start date of July 2 for the new rate. We will keep you
informed of the commission's decision.
I know this is not welcome news, but we are simply complying with an agreement reached
earlier by the OPUC staff, customer groups and PGE that we would try to complete the
collection from larger customers by the end of 2003. Offering to extend the collection period into
2004 for a short period without any interest charges seemed reasonable and equitable, and we
favored that approach.
Connecting People, Power and Possibilities
As I said before, the process of determining PGE's prices is complex and dynamic, so we are
committed to keeping you informed as new information comes in. If you have any questions
about the PCA or other issues, please don't hesitate to contact your account manager and he or
she can provide you with additional information.
Sincerely,
2
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COUNCIL MEETING MINUTES
MAY 12, 2003
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, MAY 12, 2003.
CONVENED. Tine meeting convened at 7:00 pm. with Mayor Figley presiding.
0010 ROLL CALL.
Mayor Figley Present
Councilor Bjelland Absent
Councilor Cox Present
Councilor McCallum Present
Councilor Nichols Present
Councilor Sifuentez Present
Councilor Veliz Present
Staff Present: City Administrator Brown, City Attorney Shields, Community
Development Director Mulder, Police Chief Russell, Park & Recreation Director
Westrick, Asst. City Engineer Torgeson, Senior Engineering Tech. Scott, City Recorder
Tennant
0062
ANNOUNCEMENTS.
A) City Hall and the Library will be closed on Monday, May 26th, in observance of the
Memorial Day holiday. The Aquatic Center will be open on May 26th.
B) Pending Council action under agenda item 1 OK, the regular Council meeting
scheduled for May 26, 2003 will be held on May 27, 2003 at 7:00 p.m..
C) Beginning Sunday, May 25th, the Library will be closed on Sundays during the
summer months. The Library will resume Sunday hours on September 7, 2003.
D) Recreation and Parks Board Open House and Workshop on Settlemier Park will be
held on May 13, 2003 in the City Hall Council Chambers. The Open House begins at
6:00 p.m. and the workshop begins at 7:00 p.m..
E) Budget hearings for the City Budget and the Urban Renewal Budget will be held on
Saturday, May 17, 2003, 10:00 a.m. in the City Hall Council Chambers. The published
hearing notice indicates a start time of 9:00 a.m. but the time has been changed to 10:00
a. m..
F) Cascade Surge opening ceremonies will be held at Legion Park on Saturday, May 1
at 7:05 p.m..
G) Woodbum Interchange Open House will be held on May 29, 2003, from 5:00 pm to
7:30 pm in the United Methodist Church Fellowship Hall, 700 N. Cascade Drive. It was
noted that there are 2 open houses planned as part of the public involvement portion of
the 1-5 Interchange Environmental Assessment and she encouraged the public to attend an
open house and offer input as part of this process.
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H) The Skate Park ribbon cutting ceremony will be held on May 31,2003, Settlemier
Park at 10:30 a.m..
I) Telephone directories can be recycled using the curbside recycling containers.
0255
PROCLAMATION: FIBROMYALGIA AWARENESS DAY, MAY 12, 2003.
Mayor Figley proclaimed May 12, 2003 as Fibromyalgia Awareness Day within the City
in an effort to recognize the needs of people suffering from this chronic illness and to
urge citizens to support a cure and assist those individuals and families who are dealing
with this disease on a daily basis.
0400
CHAMBER OF COMMERCE REPORT.
Greg Lundeen, representing the Chamber of Commerce, updated the Council on the
following Chamber events:
1) the Chamber Golf Tournament scheduled for May 16th at the Senior Estates Golf
Course has been canceled until June 20th due to standing water on the golf course.
2) On May 20th, the Leadership Youth Program will complete their community project of
painting a mural in the lobby of the Woodburn Children's Center and in building a can
shed to collect reusable cans for the Habitat for Humanity program.
3) On May 21s~, the Chamber lunch forum will be held at the Tukwila Center for Health
and Medicine and the Leadership Youth group will be graduating from this year-long
program. The Chamber will also honor Mid-Valley Bank and Woodburn Together who
are the major sponsors of the Youth program.
4) On May 22nd, Business After Hours will be at Renaissance Homes in Tukwila, 733
Fairview Crescent, from 4:30 pm until 6:00 pm.
He also provided updated statistical information on the Chamber's Visitor Center which
includes informational packets, telephone inquiries, on-site visits, e-mail inquiries, and
website hits.
Mayor Figley stated that the Chamber has a very good website and she encouraged the
public to visit the website.
0620
CONSENT AGENDA.
A) approve the regular and executive session Council minutes of April 14, 2003;
B) receive the Woodburn Livability Task Force minutes of February 4, 2003;
C) receive the Woodbum Livability Task Force minutes of March 25, 2003;
D) receive the Library Board minutes of April 16, 2003;
E) receive the Recreation and Park Board draft minutes of April 8, 2003;
F) receive the Planning Commission minutes of March 27, 2003;
G) receive the Planning Commission minutes of April 10, 2003;
H) receive the Planning Commission draft minutes of April 24, 2003;
l) receive the Woodbum Public Library Strategic Plan 2002-2006;
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J) receive the Woodburn Public Library Board By-laws;
K) receive the Library monthly report for April 2003;
L) receive the Building Activity report for April 2003;
M) receive the Planning Activity Tracking Sheet dated May 1, 2003;
N) receive the report on Cascade Surge at Legion Park;
O) report from Police Chief on Changes in Operations for Salvador's Bakery III; and
P) report from Police Chief on Street Closure and Sound Amplification Permit for Mother's
Day event at Warzynski Plaza.
Councilor Cox questioned if the Library Board by-laws need to be approved by the Council
or can the Council just accept the by-laws.
Attorney Shields stated that the by-laws do not need to be approved by the Council.
Councilor McCallum brought up for discussion item 8(0) since he is concerned about what
the City can and cannot do regarding liquor licenses. In this case, the initial license
recommendation was for a restaurant. The proposed change would exclude persons under
the age of 21 after 9:00 p.m. and the establishment would then become a dance hall or tavern.
Even though the business owner has run an good operation in the past, he is concerned about
the number of alcohol establishments in the area in addition to Highway 99E being a
designated as safety corridor due to the number of automobile accidents along that stretch
of roadway in which alcohol usage is a factor.
Chief Russell stated that he had questioned OLCC regarding the change in operation and
OLCC informed him that the change in operation did not 6onstitute a license change. He met
with Mr. Larios who entered into a voluntary compliance plan which is now before the
Council for review. This plan contains similar compliance conditions that other local
establishments are asked to comply with who conduct similar operations. Even though the
compliance is voluntary, he feels that it becomes binding once it is agreed to and it becomes
part of the compliance plan that the department works under with the licensees during the
year. OLCC takes the position that it is not a license change, therefore, the local government
does not have input on the license.
Councilor McCallum stated that his general concern is that there could be a change in an
establishment's operation that is completely different in nature than what the license was
originally approved for by the local government.
Police Chief Russell stated that OLCC licensing does not differentiate between a restaurant
or dance hall, however, the business owner must disclose all of the operations they will be
doing under the OLCC license.
Councilor Sifuentez questioned if Salvador Larios fully understood the conditions in the
Compliance Plan and whether or not he had any issues with the conditions.
Chief Russell stated that the Compliance Plan was explained to him in both English and
Spanish and he did not mention any problems with the plan.
Councilor Veliz questioned if the Compliance Plan is a standard practice.
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Chief Russell staled that any business which will have dancing and after-hours adult only
dancing are asked to sign a compliance plan that is very similar to the one signed by Mr.
Larios.
Councilor Cox questioned if the business change will meets all City land use regulations.
Community Development Director Mulder stated that Mr. Larios had originally submitted
an application to expand the restaurant to add the dance hall but the application had a number
of problems and Mr. Larios decided to withdraw the application. It is his understanding the
Mr. Larios had utilized some of the restaurant area to make it into a smaller area dance floor
and his establishment is in compliance with the Development Ordinance. It was also noted
that a dance hall is an outright permitted use in the land use zone in which the business is
located.
Councilor McCallum questioned if there are any types of fire regulations that are different
from a restaurant to a dance hall.
Director Mulder stated that he is unsure as to whether or not there are any differences in fire
regulations.
MCCALLUM/NICHOLS... approve the Consent Agenda as presented. The motion passed
unanimously.
1495 COUNCIL BILL 2445 ORDINANCE VACATING A PUBLIC UTILITY
EASEMENT (Joy Village Subdivision),
Councilor Sifuentez introduced Council Bill 2445. Recorder Termant read the two readings
of the bill by title only since there were no objections from the Council. On roll call vote for
final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2445 duly
passed with the emergency clause.
1570 COUNCIL BILL 2446 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET
FOR FISCAL yEAR 2002-03.
Council Bill 2446 was introduced by Councilor Sifuentez. The two readings of the bill were
read by title only since there were no objections from the Council.
Administrator Brown stated that the staff report reflects the need to increase the insurance
appropriations in the Water and Wastewater funds and the revised ordinance distributed just
prior to this meeting includes those appropriations. Since the contingency appropriations are
being reduced in each of those funds, there is no change in the bottom line appropriations in
those funds.
No one in the audience commented on the proposed supplemental budget.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2446 duly passed with the emergency clause.
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1746 COUNCIL BILL 2447 - ORDINANCE ESTABLISHING A FILMING PERMIT
PROCESS; sETTING FEES; AND PROVIDING FOR PENALTIES.
Council Bill 2447 was introduced by Councilor Sifuentez. Recorder Tennant read tine two
readings of the bill by title only.
In regards to procedure, Councilor Cox stated that emergency clauses should be used only
when it is a true emergency since the public should have an opportunity to refer an ordinance
to the voters and,. with the ordinance taking effect right after passage, it gives the public less
time to follow the legal steps necessary to put it before the voters. He was not going to vote
against this Council bill since it included the emergency clause, however, he hoped staff
would look at each ordinance carefully before including an emergency clause.
Councilor Cox stated that the $1,000 application fee for a commercial operation is not
unreasonable, however, for small operations or non-profit organizations, he felt that there
should be some procedure in place that would allow for a lesser fee level depending upon the
filming group's budget. Administrator Brown stated that there is a company interested in
filming within our community in June and having an ordinance in place immediately will
allow the City to regulate this type of activity.
Councilor Cox stated that he is amenable to going ahead and adopting the Council Bill at this
meeting with the understanding that the Council will revisit the fee schedule within the next
few months.
Councilor McCallum expressed his concern that, even though the City is taken care of within
the proposed ordinance, the neighborhoods may not have the same protection. If permission
is given to a filming company, then the neighborhood should have some input before the
filming permit is approved.
Discussion was held regarding neighborhood exposures and actions the City can take to
reduce potential problems that may arise as a result of a filming project.
Mayor Figley felt that Section 4 of the proposed ordinance includes a number of safeguards
which should provide the City and neighborhoods protection at this time.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2447 duly passed with the emergency clause.
2883 COUNCIL BILL 2448 - ORDINANCE ANNEXING 4.69 ACRES OF PROPERTY
INTO THE CITY (828 PARR ROAD), GRANTING ZONE CHANGE FROI~.
COUNTY URBAN TRANSITION FARM TO CITY PUBLIC AND SEMI-PUBLIC,
APPROVING CONDITIONAL USE APPLICATION CASE NO. 02-08, APPROVINC
DESIGN REVIEW APPLICATION CASE NO. 02-19, DENYING VARIANCE NO.
03-03, APPROVING VARIANCE NOS. 03-04 AND 03-05, AND APPROVING
EXCEPTION TO STREET RIGH OF WAY AND IMPROVEMENTS
REQUIREMENT APPLICATION CASE NO. 03-03, AND ATTACHING CERTAIN
Council Bill 2448 was introduced by Councilor Sifuentez. The two readings of the bill were
Page 5 - Council Meeting Minutes, May 12, 2003
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read by title only since there were no objections from the Council.
Mayor Figley stated that a correction needs to be made in the title in that the property is
located west of Elana Drive.
It was noted that there was no other reference in the ordinance to the location being east of
Elana Drive. ,,
MCCALLUM/SIFUENTEZ .... amend the caption to change "East of Elana Drive to
"West of Elana Drive". The motion passed unanimously.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2448 duly passed.
329___~6 COUNCIL BILL 2449 - RESOLUTION RECOMMENDING VALLEY ROLLING
CORPORATION AS AN OREGON BUSINESS DEVELOPMENT FUND PROJECT.
Council Bill 2449 was introduced by Councilor Sifuentez. Recorder Tennant read the bill
by title only since there were no objections from the Council.
Councilor McCallum questioned if this business would have any waste by-products that the
City needs to be concerned with whether it be sewer, water, or garbage.
Laura Hagenauer, President of Valley Rolling Corporation, stated that their company
manufactures steel roofing and siding materials. They will be producing a steel scrap product
that will be recycled and Cherry City metals will pick up the metal products which will be
recycled in Salem. The production will be done inside the warehouse located at 310
Broadway Street.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2449 duly passed.
3514 COUNCIL BILL 2450- RESOLUTION AUTHORIZING THE PROVISION OF FIRE
PROTECTION WATER AND SANITARY SEWER SERVICES TO FOOE
SERVICES OF AMERICA~ INC. PENDING ANNEXATION.
Council Bill 2450 was introduced by Councilor Sifuentez. 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 Figley declared
Council Bill 2450 duly passed.
3590 COUNCIL BILL 2451 - RESOLUTION ENTERING INTO AN AGREEMENT WITH
MARION COUNTY FORTHE PURPOSE OF PARTICIPATING IN THE OREGON
AGENCIES SIMPLIFIED INFORMATION SYSTEM (OASIS).
Councilor Sifuentez introduced Council Bill 2451. 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 Figley declared Council Bill 2451 duly passed.
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3698 COUNCIL BILL2452- RESOLUTION OF INTENT TO IMPROVE A PORTION OF
WEST LINCOLN STREET BETWEEN CASCADE DRIVE AND LEASURE
STREET, ADOPT THE LOCAL IMPROVEMENT DISTRICT, ADOPT THE
4533
METHOD OF ASSESSMENT, AND ESTABLISH A PUBLIC HEARING DATE.
Councilor Sifuentez introduced Council Bill 2452. Recorder Tennant read the bill by title
only since there were no objections from the Council.
Councilor Cox questioned why non-remonstrance agreement language is included in the
proposed resolution.
Mayor Figley stated that, in recent years, situations have occurred in which developments
were approved and constructed well in advance of street improvements and the City did not
take the sensible steps of either collecting money up front or getting a waiver of
remonstrance thereby binding property owners to participate in an improvement project.
Councilor Cox stated that a majority of property owners could submit a remonstrance that
would still prohibit the improvement. If a majority of owners agree with the improvement,
then the resolution establishes the local improvement district and there is no need for a non-
remonstrance agreement to be recorded.
City Attorney agreed with comments made by Councilor Cox in that, as a legal matter, this
Council Bill does not need the non-remonstrance agreement language, however, there is no
harm in leaving the language in the bill.
Councilor Cox also questioned when the assessment formula is officially adopted since the
resolution sets forth the assessment formula. He stated that there are two parcels of land in
the improvement district in which the owners may object to inclusion and, if so, does the
City still have the ability to amend the formula in order to move forward with the
improvement assuming that the majority of the property owners are in favor of the
improvement.
Attorney Shields stated that, in his opinion, the Council has that discretion and the formula
and amounts are established in the ordinance.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2452 duly passed.
CONTRACT AWARD: STREET RESURFACING IMPROVEMENTS (Bid #23-11 ).
Bids for resurfacing Workman Drive, Garfield Street, and McLaughlin Drive were received
from the following contractors: Morse Bros., $98,488.50; Parker Northwest, $106,349.50;
Roy L. Houck Construction, $118,480.50; D & D Paving, $122,344.00; Salem Road &
Driveway, $124,323.00; and North Santiam Paving, $132,121.25. Staff recommended the
acceptance of the Iow bid which was 30% below the engineer's estimate of $140,000.
NICHOLS/MCCALLUM... award the construction contract to the lowest bidder, Morse
Bros., for resurfacing Workman Drive, Garfield Avenue, and McLaughlin Drive in the
amount of $98,488.50. The motion passed unanimously.
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4575 CONSULTING SERVICES: LIBRARY SPACE UTILIZATION PLAN.
- 'Following review of seven proposals from architectural firms, the Library Director has
recommended that the proposal submitted by Hennebery Eddy Architects be accepted by the
Council.
NICHOLS/COX... approve the selection of Hennebery Eddy Architects with Buffalo Design
to complete a space utilization plan and/or library remodel/expansion project. The motion
passed unanimously.
4627
4745
MAY 26, 2003 COUNCIL MEETING.
NICHOLS/MCCALLUM..- move the May 26, 2003 regular Council meeting to May 27,
2003. The motion passed unanimously.
PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTION.S.
A) Planning COmmission's approval of Conditional Use 02-03, Design Review 02-11,
and Variance 03-13 (Aquatic Center Chemical Separation Building).
No action was taken by the Council to call this matter up for review.
B) Planning Commission's approval of Design Review 02-12 and denial of Variance 03-
01 (Coastal Farm Supply).
Councilor Cox stated that he would not be calling this matter up for review but commented
on how this application did have a lot of controversy.
C) Planning Commission's approval of Conditional Use 02-05, Design Review 02-16,
Variance 03-06, and denial of Variance 03-07 (City Water Treatment Plant at 1084
Country Club).
No action was taken by the Council on
D) Planning Commission's approval
Variance 03-09 and Variance 03-10
this application.
of Conditional Use 02-06, Design Review 02-17,
(City Water Treatment Plant at 2225 National
Way).
No action was taken by the Council on this application.
E) Planning Commission's approval of Design Review 02-14, Variance 03-08, Zoning
Adjustment 02-03, and Exception to Right-of-Way 03-02 (West side of Carol Street).
No action was taken by the Council on this application.
48O2
CITY ADMINISTRATOR'S REPORT:
A) Administrator Brown stated that development of the City budget is a team document and
one of the team members, Finance Director Gillespie, was injured in an accident over the
weekend. With him being out of the office, it will delay the final checking of numbers
before the budget document is ready for the Budget Committee for final review. Staff is
working on trying to get the document ready by the end of this week since the budget hearing
is scheduled for Saturday, May 17, 2003.
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B) He brought to, the Council's attention the new agenda item format which will not only
have consistency in appearance but has, at the bottom, initial lines to make sure that the
Administrator, Attorney, and Finance Director had an opportunity to review the documents.
In the fu'mre, staff hopes to be able to have a better control on budget items as they come
before the Council and, if applicable, budget adjustments would be made when the transfer
is approved rather than waiting until mid-year or at the end of the fiscal year to make the
adjustments. Revenue adjustments will continue to require a supplemental budget but
appropriation transfers can be taken care through resolutions or ordinances without any
specific notice requirements.
C) Administrator Brown stated that he and Director Mulder went to Salem today to the
Governor's office and Senator Courtney's office to discuss the City's upcoming application
for an Urban Growth Boundary amendment. The purpose of the meetings was to look for
assistance in trying to get the expansion through in a timely and, hopefully, trouble-free way
so that the City can advance its industrial development needs and advance the Governor's
industrial development needs. The City's Planning Consultant, Greg Winterowd, and a
representative from Opus Northwest (owner of a large parcel within the UBG expansion
area) also attended the meetings.
5260
MAYOR AND .COUNCIL REPORTS.
Councilor McCallum expressed his appreciation to the Mayor, Council, and department
heads in contributing to the Relay for Life event thereby securing a major sponsorship for the
City. He also congratulated the School District for its "Back to School" week in which a
number of adults participated in. Lastly, on behalf of the Livability Task Force, he thanked
participants at the Clean-up and, even though it was poor weather, there were over 60
volunteers.
Councilor Sifuentez stated that she had attended the Strategic Planning for the high school
last week and was encouraged by our youth's willingness to look into the future for meeting
the strategic plans that began several years ago. With the Library's Strategic Plan recently
adopted, she felt that Woodburn as a whole is striving to envision what are community will
look like over the next 10 to 20 years.
Councilor Nichols stated that he is constantly amazed when going into Salem the number of
people who now talk about Woodburn with praise rather than downgrading our community.
These individuals are now acknowledging that Woodburn is a good community which is
continuing to grow. He also enjoyed his experience at Valor during the "Back to School"
week program.
Councilor Veliz stated that yesterday's Mothers Day event in downtown Woodburn was a
huge gathering and it looked like everything went well. He also congratulated all of the high
school students, staff, and volunteers on an excellent May Day production at the high school.
He stated that he had participated in the Strategic Planning process and one thing he noticed
is that there is collaboration between the City, Woodburn School District, Chemeketa, and
Page 9 - Council Meeting Minutes, May 12, 2003
11
COUNCIL MEETING MINUTES
MAY 12, 2003
TAPE
READING
other major organizations which is helping to maximize our taxpayer's dollars.
Mayor Figley stated that the Mayor's Youth Summit was very enlightening and productive
and follow-up meetings will take place in the future. She will be working on various things
to improve communications between adults and youth within our community.
She also stated that the Mayor's Prayer Breakfast will be held on Saturday, May 17~h, 7:30
a.m., at the United Methodist Church Fellowship Hall. This event is sponsored by the
Kiwanis and individuals interested in attending can obtain tickets from former Mayor
Jennings or other Kiwanis members.
6049
6076
EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn to executive session under the authority of
ORS 192.660(1 )(d) to conduct deliberations with persons designated by the governing body
to carry on labor negotiations, and ORS 192.660(1)(f) to consider records that are exempt
by law from public inspection.
MCCALLUM/SIFUENTEZ .... adjourn to executive session under the statutory authority
cited by the Mayor. The motion passed unanimously.
The Council adjourned to executive session at 8:25 p.m. and reconvened at 8:39 p.m..
Mayor Figley stated that no decisions were made by the Council while in executive session.
ADJOURNMENT.
NICHOLS/SIFUENTEZ .... meetingbe adjourned.
The motion passed unanimously. The meeting adjourned at 8:40 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 10 - Council Meeting Minutes, May 12, 2003
Executive Session
COUNCIL MEETING MINUTES
May 12, 2003
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, MAY 12, 2003.
CONVENED. The Council met in executive session at 8:30 p.m. with Mayor Figley presiding.
ROLL CALL.
Mayor Figley Present
Councilor Bjelland Absent
Councilor Cox Present
Councilor McCallum Present
Councilor Nichols Present
Councilor Sifuentez Present
Councilor Veliz Present
Mayor Figley 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, City Recorder Tennant
The executive session was called under the follow statutory authority:
1 ) to conduct deliberations with persons designated by the governing body to carry on labor
negotiations pursuant to ORS 192.660(1)(d); and
2) to consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f).
ADJOURNMENT.
The executive session adjourned at 8:37 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page I - Executive Session, Council Meeting Minutes, May 12, 2003
13
WOODBURN PLANNING COMMISSION
May 8, 2003
CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council
Chambers with Chairperson Lima presiding.
ROLL CALL
Chairperson Lima P
Vice Chairperson Young P
Commissioner Vancil P
Commissioner Grigorieff P
Commissioner Mill P
Commissioner Bandelow P
Commissioner Lonergan P
Staff Present:
Jim Mulder, Community Development Director
Naomi Zwerdling, Senior Planner
8B
Chairperson Lima provided an opening statement for Public Hearing.
MINUTES
A. Woodburn Plan~in.q Commission Minutes of April 24, 2003.
C--ommissioner Mill commented he made an interjection somewhere between pages 10 and 11 of the minutes
regarding the fence versus wall and one additional point that he made was that the wall will provide a fire
barrier. He pointed out this was not reflected in the minutes.
Vice Chairperson Young remarked it was possibly addressed in the sentence "There was additional
discussion among the Commissioners regarding the fence and the wall issue."
Commissioner Mill requested insertion of "one point that was brought up was that the wall would be a fire
barrier and a fence would not' in that sentence.
Vice Chairperson Young moved to accept the minutes as presented with the addition of the verbiage regarding
the wall. Commissioner Bandelow seconded the motion, which unanimously carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
None
PUBLIC HEARING
A__ Design Review 02-10 and Variance 02-06 proposed 7,154 sq. ft. addition to the Scarborough
Insurance & Edward D. Jones Investments building located at 1385 Meridian Dr., Scoff Beck,
applicant.
EX-PARTE CONTACTS
Commissioner Lonergan reported the property owner, Robin Palmer, is his insurance agent as well as a good
friend. However, he does not have a business relationship with them nor has he a financial benefit or
relationship regarding this property. Additionally, he stated he has no bias regarding this property.
Commissioner Vancil also disclosed he also knows Robin Palmer and has done business with the insurance
Planning Commission Meeting - May 8, 2003
Page 1 of 5
14.
agency but he did not feel he had any personal bias regarding this case. Furthermore, he has been to the site
to look it over.
Commissioner Mill communicated he is generally familiar with the site due to the fact that he occasionally
stops into the Edward Jones office.
It was also reported by Vice Chairperson Younq that he is familiar with Mr. Palmer as a former Planning
Commission member and an outstanding member of our community. Moreover, he helped them move into
the building they currentlyloccupy. Vice Chairperson Young also stated he can remain unbiased since he is
no longer in the trucking business, has reviewed the report and is ready to move forward.
Chairperson Lima and Cqmmissioner Bandelow both remarked they are familiar with the site.
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff
recommended approval of the applications based on the information in the report, the information provided
by the applicant and the applicable review criteria and subject to the conditions of approval included in the
Staff Report.
Vice Chairperson Young clarified the property to the north across Goose Creek is actually the golf course and
it is not part of the Tukwila PUD.
Staff interjected this to be correct.
Commissioner Bandelow further clarified the wall requirement was triggered by the narrow strip of residential
zoned property that runs along and between the golf course and the creek.
Staff interjected the entire property to the north, including the golf course, is zoned Single Family Residential
and it is part of the whole Tukwila Planned Unit Development community.
Commissioner Mill inquired if there is any type of wetlands designation on the flood way strip?
Staff reported the wetland is located to the northwest of the Woodburn Medical Clinic on the other side of
Meridian Dr. and therefore, there is no wetland on this property or adjacent to it.
TESTIMONY BY THE APPLICANT
Scott Beck, Architect1361, NE Third Ave., Canby, OR 97013 stated the intent is to take the architecture of the
existing building and blend with that as well as with the neighborhood. Additionally, he remarked the site does
slope from Glatt Circle to the north towards Goose Creek but it does not interfere with development of that
property. The setbacks along the west side are 11 ft. from the existing structure and 15 ft. off Glatt Circle to
the edges of the parking area. He further reported development also includes, in this case, the addition of
a loading stall, which was not required by the previous building but is now required due to the new
development code. Mr. Beck further conveyed there are a few minor items that need to be worked out as far
as landscape, number of trees, modification of a few curb bumpers and rework the parking lot strips. He also
noted it seemed a shame to spend the money to put a wall barrier as it would inhibit the drainage and the
visual openness of the character of the site thus, the reason for applying for the Variance.
Commissioner Mill inquired where is the loading stall located?
Scott Beck pointed to the map and remarked it benefitted both projects to locate the loading stall in the middle
and it was a spot where they had enough depth where they were not conflicting with the front of the buildings
in that position.
Commissioner Bandelow commented she noticed they have nice big windows on the north elevation to take
advantage of what, in her opinion, is the most beautiful tree in Woodburn.
Planning Commission Meeting - May 8, 2003
Page 2 of 5
Scott Beck also commented there will be a dental practice in that facility and the large windows will provide
a pleasing view from a dental chair.
Vice Chairperson Young asked Mr. Beck if the base grade will be similar to where the existing building is or
will it be higher or lower?
Scott Beck replied he believed it will be very close to the existing finished floor elevation of the office building
that is there today. He indicated it might be slightly higher as the grade slightly goes up hill but he did not think
it would be significant enough to make much difference. Moreover, a little bit of a fall will start out along the
south sloping slightly into their site and as you gradually move north it will turn the other direction because their
building will be slightly higher than the grade. Therefore, any storm water that would fall between them and
the property will channel to the north.
Chairperson Lima questioned when construction is expected to begin if the project is approved?
Scott Beck answered if approval is received tonight, the intent is to complete construction drawings within the
next month, submit for building permits, go through the bidding process and probably begin construction this
summer. He further stated the project should be completed late Fall or early Winter.
Chairperson Lima also questioned whether there will be a physical therapy practice in that area?
Scott Beck responded they are in negotiations with a company to take the vacant space. However, he is
unaware of the fine points of the lease.
TESTIMONY BY PROPONENTS
None
TESTIMONY BY OPPONiENTS
None
DISCUSSION
Chairperson Lima closed the public hearing and opened for discussion among the Commissioners.
Commissioner Bandelow commented the project is perfect for the site and sees no problems with site
approval. She also remarked not granting the Variance would be a real detriment to the property because
the wall would serve no purpose except interfere with the drainage and would look like one lone tooth out there
because there is no wall behind any of the existing buildings and the view only further enhances the site. She
indicated she would vote in favor of the project and in favor of granting the Variance.
Commissioner Mill agreed with Commissioner Bandelow.
Vice Chairperson Young stated the project fits very nicely with the existing businesses in architectural style,
design and format. He also indicated although it abuts the Residential Zone, this is the first time that he can
say the applicant has justification for a Variance for the wall. He pointed out every application since the new
ordinance has come into place have requested a Variance for the wall and their reasoning were not really valid
as compared to what the criteria was. Vice Chairperson Young thought it is a good project and in his mind
he could justify the Variance for the wall in this instance.
Chairperson Lima endorsed Vice Chairperson Young's comments. He also indicated it was one of the few
times that he has no problems with the Variance as it would be detrimental to the area and to the businesses
if not granted.
Commissioner Loner,qan moved to accept Design Review 02-10 and Variance 02-06 and instructed Staff to
return with findings. Motion was seconded by Commissioner Bandelow. Motion unanimously carried.
Planning Commission Meeting - May 8, 2003
Page 3 of 5
16
ITEMS FOR ACTION
A__=. Final Order for Conditional Use 02-03, Desi.qn Review 02-11 and Variance 03-13, construct 465
sq. ft. chemical ~nd electrical separation buildinR for an existing aquatic center, Variance to
street standards[on Settlemier Ave., Oak St. and Front St. and provide paved driveway on the
existinR Second iSt. right-of-way, located at 190 Oak St., City of Woodburn, applicant.
Vice Chairperson Young recommended to accept the Final Order as presented by Staff. Commissioner
Bandelow seconded the motion, which unanimously carried.
B. Final Order for DgsiRn Review 02-12 and Variance 03-01, proposed 4,250 sq. ft. addition on the
-- west side and 6,000 sq. Ft. addition on the east side for a total of 10,250 sq. ft. to Coastal Farm
building and a variance request to waive construction of 6 ft. wall in lieu of existing berms,
fences and planl~ings located at 1550 Mt. Hood Ave., Coastal Farm, applicant.
Vice Chairperson Youn.q complimented Staff for their handling of the Final Order. He said the language and
the facts and findings very accurately reflected the hearing held two weeks ago.
Chairperson Lima concurred with Vice Chairperson Young.
Vice Chairperson Young recommended approval of Design Review 02-12 and Variance 03-01 Final Order
as presented by Staff. Cqmmissioner Mill seconded the motion, which carried unanimously.
DISCUSSION ITEMS
REPORTS
A. Planning Projeqt Tracking Sheet (revised 5-1-03)
S'-~aff disclosed the Building Activity Report was not included in the packet because the packet was delivered
on Friday, May 2"d and the report was not yet completed at that time however, it will be included for the next
meeting. He also reported it was a very big month with permits issued with evaluations of about $15 million
most being Public Works Projects, doubling what was done so far for the year. Staff also stated there is a lot
of activity on new homes and subdivisions going forward as well.
Commissioner Bandelow asked if there is anything going on with Boones Crossing?
Staff responded he has not heard from the individual that was pursuing that in the last several months.
However, a few months ago he met with an individual that had an option on the property that said they
intended to go forward with the project this year.
Commissioner Bandelow pointed out there will be no place to build once the approved subdivisions that are
currently going in are full, with the exception of Boones Crossing.
Staff reported Montebello III is in process, another Tukwila pod north of Glatt Circle and on up to Hazelnut is
also currently under review. Additionally, he disclosed Renaissance Homes just contacted him this week to
meet with him to discuss Phase III of The Links at Tukwila. Staff further commented there is a section over
by Capital Development where it is possible to have a Montebello IV and the area next to Centennial Park,
Hazel Smith's property.
Commissioner Bandelow remarked our Urban Growth Boundary and City Limits are pretty much equal.
Staff interjected it is planned to move forward with the UGB expansion because they are hoping to wind down
on completion of Periodic Review by the end of the year and have application for UGB expansion some time
this year as well.
Commissioner Vancil questioned whether needs for public space are included in the analysis when an
application goes in for an Urban Growth Boundary expansion?
Planning Commission Meeting - May 8, 2003
Page 4 of 5
Staff responded public space is taken into account.
Vice Chairperson Young referred to the Planning Project Tracking Sheet and pointed out the Tim Doman
application had three continuations for Planning Commission hearings and asked if this project is so large that
it will need three hearings?
Staff replied this project has already been before the Commission and is presently in LUBA.
BUSINESS FROM THE COMMISSION
Vice Chairperson Young reported he along with Commissioner Grigorieff and Chairperson Lima attended the
Planning Workshop and they all appreciated the workshop. He questioned why do we continue to have the
Wally Lien application, which is continued off calendar, on the tracking sheet?
Staff answered that application is technically still a pending application. Although at this point, it can be
removed off the sheet beCause he does not see it coming back to the Commission because that property is
being addressed as part Of our own UGB expansion application this year. He commented he doubted the
applicant will go forward with their own. Staff further reported that was submitted as a post acknowledgment
UGB Expansion request because the City was in Periodic Review. Furthermore, when it was scheduled for
Planning Commission, the DLCD responded with a long letter explaining all the problems with the application.
The main reason being that the City was in the middle of Periodic Review and the City should do this as part
of their Periodic Review and not do it outside of Periodic Review. Therefore, the applicant went ahead and
requested the continuation just to preserve their rights.
Vice Chairperson Young asked if there is still work being done that may provide the applicant the opportunity
to come back with a revised plan?
Staff replied the only way the application would come back is if for some reason the City decides not to
consider their property but the City is considering that property.
Chairperson Lima commented it was interesting for him to hear at the Planning Workshop he attended that
Woodburn is seen as "the big town". He said the workshop was very informative and hoped it is presented
in the future so others may benefit from it. Chairperson Lima informed Staff someone left a message on his
home answering machine but did not identify themselves complaining that Highway 214 has several patches
of asphalt falling apart. He reported he visited the site and indicated there are huge patches by the soccer
field and French Prairie Middle School.
Staff interjected ODOT have begun their highway paving project at night and includes that section. He also
reported they are repaving the whole Highway and not just patching it.
Commissioner Bandelow interposed she thought the patches are only there so people can drive during the
day and it is something that is still in progress.
Chairperson Lima inquired if Al's Garden Center has entered into an agreement with the property owner of
the adjoining vacant lot to use it as an additional parking lot?
Staff said he is unaware that Salem Hospital owns the property or if they had an option to buy. He stated he
has not heard anything since that project was approved, which was quite a while ago. Staff will refer this
issue to Code Enforcement.
ADJOURNMENT
Commissioner Bandelow moved to adjourn the meeting and Commissioner Mill seconded the motion. Motion
carried. Meeting adjourned at 7:55 pm.
APPROVED
CLAUDIO LIMA, CHAIRPERSON
DATE
ATTEST
Jim Mulder,
Community Development Director
City of Woodburn, Oregon
Date
Planning Commission Meeting - May 8, 2003 18 Page 5 of 5
MZNUTES
Woodburn Recreation and Porks Board
Tuesday, May 13, 2003
7:00 pm
City Council Chambers
Open House to view the preliminary plans of Legion and 5ettlemier Pork
Master plan was from 6 - 7 pm
Herb Mittmonn, Choir coiled the meeting to order at 7 pm.
8C
p,oll Coil
Members present: Herb Mittmonn, Choir; Rosetto Wongerin, Member;
Even Thomas, Member; Tenis C~uinones, Member.
Members absent: Sharon Felix, Member; Richard Hammond, Vice Choir;
Rev. Frank Anderson, Member.
Staff Present: Randy WestrJck, Director; Poulette ZastoupJl, AA;
Public Present: Mayor Figley, Richard ~Tennings.
Boa~ P. eo~ganization
A motion was mode and passed unanimously for Rosette Wongerin to be
the Recreation and Porks Board, Vice President for the next year.
Master Plan Workshop
~Terry Dragoo from MIG presented and displayed 2 different master
plans for Legion end Settlemier Pork to the Board and public. He then
asked the Board and public to give their comments and concerns.
will toke those comments and revise the pork plans. These revised pork
plans will be presented et the ~Tune l0th Board meeting.
Approval of Minutes
A motion to accept the minutes os presented wes mode by Rosetto
WangerJn. TanJs C~uinones seconded the motion. Motion passed
unanimously.
Business from the Audience
No business.
Business from the Director - Division Repo~ts
Recreation & Leisur~ ~e~vices
A Baseball Tournament is beginning this weekend at Centennial Pork. We
will hove 12 visiting teams from throughout the region. Summer Camp
sign up ore beginning. All four youth facilities are very popular with high
lg
Division Reports cont.
Aquatics
The Mother's Day Spa was o success this year with great support from
the community. The schedule at the pool was looked at and Steve found
time slots for open swim starting at 10:00 am. This is needed for
mother's wanting to swim while their children are in swim lessons.
Parks and Facilities
Community Center Task Force is meeting the first Monday of the month.
They are redeveloping their vision and identifying stakeholders. Richard
,Tannings shared the direction the Task Force was taking.
Cascade Surge is gearing up for an exciting season. Mayor Figley will be
kicking the first ball of the season at Legion Park on May 17th. Tanis
C~uinones, Board member will also be there. Lupita's Restaurant will be
the concessionaire providing traditional stadium food. The Surge has
extensively painted the stadium with 75 gallons of paint, and remodeled
the locker rooms with its many volunteers.
Randy invited the board to a Regional Workshop on the 5tatewide Trails
Plan on May 21, at the ,TenkJns Estate in Aloha. Randy shared an
interest to use Mill Creek or some of the other watershed as a trail
system opportunity to connect with other communities such as Aurora.
Richa~ ,Tannings Skate Park
Mayor FJgley announced at the City Council meeting that the Skate Park
Ribbon cutting would be May 31~'t at 10:30 am. Evan Thomas shared that
the Skate Park Committee donation cans money will be used for the
Grand Opening, and that NUMB, a local band is scheduled to play. The
Teen Center is planning to have planned activities at the skate park.
Richard ,Tannings stated that the schools are excited about the opening
of the skate park and will help promote it. Rosetta Wangerin asked
about the drafted rules and maintained how important it is to wear
helmets. Discussion ensued on the use of helmets and State's pending
helmet law. ]:t was decided that if the helmet law did pass the rules
would be revised to meet the laws requirements.
:tO.
Future Boa~ Business
Herb Mittmann, Chairman would like to discuss the trail system in the
20
11. Board Comments
No comments
12.
Meeting was adjourned at 7:45 pm
Next meeting will be ~Tune 10, 2003
21
Community Center Task Force
Meeting Notes
May 5, 2003
Present: Mayor Kathy Figley, ,Toan ~rren, Flurm/5tone, Preston Tack, Melissa
Tittle, David Vancil, ~Tody Fischer, Richard ~Tennings, Nancy Kirksey, Tom Flomer,
Elide $ifuentez, Phyllis McKean, Willis Grafe, Randy Westrick, Mark
Call to order 7:05 pm
The following a~e facts f~om the Committee
· The need for a Community Center in Woodburn.
· They will pursue a plan that when built will fit Woodburn's growing population
and fill it's needs.
8D
The following are bullet points discussed by the Committee
· Focus on the need for a Community Center
· Seek new funding; federal grants, private and business donors
· Seek partnerships with schools and businesses
· Pursue the use of existing buildings
· The difference between tetra-fit building and new construction
· Put a stakeholder list together
· Plan programs to bring in revenue
· The Board agreed with a plan to identify stakeholders and conduct focus
groups to help develop a vision for the center.
Next meeting scheduled for ~Tune 2 at 7:00 pm
Meeting adjourned at 9:00 pm
22
WOODBD'RN LIVE C I T Y 0 F W 0 O D B U R N AP0460PAGE1
DATE 5/13/03 CHECK REGISTER VEEOT
TIME 14:08:26
C~ECK # CHECK DATE PAYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE
BANK ACCOUNT AP A/P Accounts Payable
68832 4/30/2003 UNITED STATES POSTAL SERV RECONCILED YES 1,400.00 1,400.00 .00
68833 4/30/2003 OREGON P.E.R.S RECONCILED YES 169.61 169.61 .00
68834 4/30/2003 ROY DAVIS RECONCILED YES 400.00 400.00 .00
68835 4/04/2003 ~u~4ARK UNIFORM SERVICE I RECONCILED YES 30.50 30.50 .00
68836 4/04/2003 ARCH WIRELESS RECONCILED YES 262.84 262~84 .00
68837 4/04/2003 AUTO ADDITIONS, INC RECONCILED YES 330.00 330.00 .00
68838 4/04/2003 AWARDS /kND ATHLETICS RECONCILED YES 15.00 15.00 .00
68839 4/04/2003 BEN-KO-MATIC INC. RECONCILED YES 148.69 148.69 .00
68840 4/04/2003 BI-MART CORPORATION RECONCILED YES 26.79 26.79 .00
68841 4/04/2003 BLUMENTHAL UNIFORM & EQUI RECONCILED YES 180.50 180.50 .00
68842 4/04/2003 BUILDERS HARDWARE OF OR I RECONCILED YES 225.00 225.00 .00
68843 4/04/2003 CANBY TELEPHONE ASSOC RECONCILED YES 19.95 19.95 .00
68844 4/04/2003 CAREFREE POOL & SPA SUPPL RECONCILED YES 250.00 250.00 .00
68845 4/04/2003 CAROL WALLEY RECONCILED YES 9.50 9.50 .00
68846 4/04/2003 CATHERINE BROSNAN RECONCILED YES 119.91 119.91 .00
68848 4/04/2003 COLVIN SAND INC RECONCILED YES 150.00 150.00 .00
68849 4/04/2003 CORPORATE EXPRESS RECONCILED YES 3,737.42 3,737.42 .00
68850 4/04/2003 CORRINE CASTNER RECONCILED YES 32.51 32.51 .00
68851 4/04/2003 CRANE & MEREETH RECONCILED YES 8,011.79 8,011.79 ~00
68852 4/04/2003 CUES RECONCILED YES 3,505.14 3,505.14 .00
68853 4/04/2003 DAILY JOURNAL OF COMMERCE RECONCILED YES 229.13 229.13 .00
68854 4/04/2003 DIGITAL ARCHIVE SERVICES RECONCILED YES 535.40 535.40 .00
68855 4/04/2003 DR. ROBERT H. JONES RECONCILED YES 782.00 782.00 ~00
68856 4/04/2003 ESCHELON TELECOM INC RECONCILED YES 341.50 341.50 .00
68857 4/04/2003 EUGENE KIRK RECONCILED YES 39.29 39.29 .00
68858 4/04/2003 FAMILIA~ NW RECONCILED YES 342.49 342.49 .00
68859 4/04/2003 FEDERAL EXPRESS CORP RECONCILED YES 93.16 93.16 .00
68860 4/04/2003 GALE GROUP RECONCILED YES 76.34 76.34 .00
68861 4/04/2003 HIRE CALLING INC RECONCILED YES 958.65 958.65 .00
68862 4/04/2003 IMF INDUSTRIAL MACH FAB I RECONCILED YES 1,590.00 1,590.00 .00
68863 4/04/2003 INqDUSTRIAL SUPPLY CO. RECONCILED YES 847.00 847.00 .00
68864 4/04/2003 INDUSTRIAL WELDING SUPPLY RECONCILED YES 31.50 31.50 .00
68865 4/04/2003 IRENE MEDINA RECONCILED YES 9.59 9.59 .00
68866 4/04/2003 ITT SHARED SERVICES RECONCILED YES 350.60 350.60 .00
68867 4/04/2003 JACKSON HIRSH INC RECONCILED YES 63.06 63.06 .00
68868 4/04/2003 JOE H ELSASSER RECONCILED YES 33.59 33.59 .00
68869 4/04/2003 JOF3~qNES VANDERWEY RECONCILED YES 84.46 84.46 .00
68870 4/04/2003 KENNEDY JENKS CONSULTANTS RECONCILED YES 197,593.58 197,593.58 .00
68871 4/04/2003 LAWRENCE COMP~NY RECONCILED YES 200.00 200.00 .00
68872 4/04/2003 LOWE'S TROPHY RECONCILED YES 11.50 11.50 .00
68873 4/04/2003 MARION COUNTY CLERK RECONCILED YES 9,968.00 9,968.00 .00
68874 4/04/2003 MARK & BOBBY CLUBB RECONCILED YES 20.71 20.71 .00
68875 4/04/2003 MARLENE AZAR RECONCILED YES 175.00 175.00 .00
68876 4/04/2003 MARY FIOCCHI RECONCILED YES 31.12 31.12 .00
688?7 4/04/2003 MEIER & FP,/~qK RECONCILED YES 59.98 59.98 .00
68878 4/04/2003 METROFLTELING, INC. RECONCILED YES 408.99 408.99 .00
68879 4/04/2003 MOLA~LLA COMMUNICATIONS RECONCILED YES 97.20 97.20 .00
68880 4/04/2003 NADINE LOCKETTE RECONCILED YES 50.00 50.00 .00
68881 4/04/2003 NEW WORLD SYSTEMS RECONCILED YES 16,431.00 16,431.00 .00
68882 4/04/2003 NORTHSTAR SURVEYING, INC. RECONCILED YES 7,892.00 7,892.00 .00
68883 4/04/2003 NORTHWEST GEOTECH INC RECONCILED YES 1,051.80 1,051.80 .00
68884 4/04/2003 NORTI4WEST NATURAL GAS RECONCILED YES 6,797.12 6,797.12 .00
WOODBURN LIVE
DATE 5/13/03
TIME 14:08:26
C I T Y 0 F W 0 0 D B U R N PAGE 2
AP0460
CHECK REGISTER VEEOT
CMECK ~ CHECK DATE PAYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE
...... NW LIBRARY BINDERY INC RECONCILED YES 273.42 273.42 ~00
68885 4/04/2003 .00
68886 4/04/2003 OLA ANNUAL CONFERENCE 200 RECONCILED YES 517~00 517.00
68887 4/04/2003
68888 4/04/2003
68889 4/04/2003
68890 4/04/2003
68891 4/04/2003
68892 4/04/2003
68893 4/04/2003
68894 4/04/2003
68895 4/04/2003
68896 4/04/2003
68897 4/04/2003
68898 4/04/2003
68899 4/04/2003
68900 4/04/2003
68901 4/04/2003
68902 4/04/2003
68903 4/04/2003
68904 4/04/2003
68905 4/04/2003
68906 4/04/2003
68907 4/04/2003
68908 4/04/2003
68909 4/04/2003
68910 4/04/2003
68911 4/04/2003
68912 4/04/2003
68913 4/04/2003
68914 4/04/2003
68915 4/30/2003
68916 4/30/2003
68917 4/11/2003
68918 4/11/2003
68919 4/11/2003
68920 4/11/2003
68921 4/11/2003
68922 4/11/2003
68923 4/11/2003
68924 4/11/2003
68925 4/11/2003
68926 4/11/2003
68927 4/11/2003
68928 4/11/2003
68929 4/11/2003
68930 4/11/2003
68931 4/11/2003
68932 4/11/2003
68933 4/11/2003
68934 4/11/2003
68935 4/11/2003
68936 4/11/2003
68937 4/11/2003
OR DEPT OF MOTOR VEHICLE
OREGON CITY ATTORNEYS ASS
OREGON HUM/%NE SOCIETY
PAUL'S AUTO BODY
PNWS/AWWA
PORTLAND GENERAL ELECTRIC
PUBLIC WORKS SUPPLY INC
QWEST
R. KLINDTWORTH ROOFING, I
RADIX CORPORATION
RURAL DEVELOPMENT INITI I
SEAN WILSON
SPRINT
STEVE NEWPORT
TEK SYSTEMS INC
THE LUCKEY CO
THINGS REMEMBERED
TRAILER WORLD
UNOCAL:ERNIE GRA/~AM 0IL
VERIZON WIRELESS
WABASH TRAILER CENTER
WELLSCO PROPERTIES LLC
WEST GROUP PAYMENT CTR
WILLAMETTE BROADBAND
WINTERBR00K PLANNING LLC
WOODBURN INDEPENDENT
WOODBURN RADIATOR & GLASS
YES GRAPHICS
A TO Z PARTY RENTAL
JASON ALEXANDER
ABBY'S PIZZA INN
AEROTEK INC
AL'S FRUIT & SHRUB CENTER
ARAMARK UNIFORM SERVICE I
ARCH WIRELESS
AT & T
BECK'S BOTANICAL INC
BEERY & ELSNER LLP
BI-M~T CORPORATION
CANBY SAND & GRAVEL CO
CANBY TELEPHONE ASSOC
CAREERTRACK
CHERYL VAN NATTA
CHRISTINE BUTSCH
CITY OF HILLSBORO
COASTWIDE LABORATORIES
CRYSTAL SPRINGS WATER CO
CTL CORPORATION
DONOVAN REYNA
DP NORTHWEST INC
FAMILIAN NW
RECONCILED YES 34.50 34.50
RECONCILED YES 115.00 115.00
RECONCILED YES 40.00 40.00
RECONCILED YES 625.99 625.99
RECONCILED YES 520.00 520.00
RECONCILED YES 32,314.94 32,314.94
RECONCILED YES 1,729.40 1,729.40
RECONCILED YES 1,146.42 1,146.42
RECONCILED YES 3,427.00 3,427.00
RECONCILED YES 181.00 181.00
RECONCILED YES 120.00 120.00
RECONCILED YES 50.00 50.00
RECONCILED YES 116.54 116.54
RECONCILED YES 122.65 122.65
RECONCILED YES 736.00 736.00
RECONCILED YES 57.97 57.97
RECONCILED YES 66.24 66.24
RECONCILED YES 60.00 60.00
RECONCILED YES 515.04 515.04
RECONCILED YES 110.68 110.68
RECONCILED YES 2,125.00 2,125.00
RECONCILED YES 84.05 84.05
RECONCILED YES 475.00 475.00
RECONCILED YES 316.74 316.74
RECONCILED YES 7,438.03 7,438.03
RECONCILED YES 215.50 215.50
RECONCILED YES 125.00 125.00
RECONCILED YES 61.80 61.80
RECONCILED YES 320.25 320.25
RECONCILED YES 300.00 300.00
RECONCILED YES 20.50 20.50
RECONCILED YES 330.00 330.00
RECONCILED YES 51.73 51.73
RECONCILED YES 19.50 19.50
RECONCILED YES 155.28 155.28
RECONCILED YES 19.59 19.59
RECONCILED YES 175.00 175.00
RECONCILED YES 5,040.92 5,040.92
RECONCILED YES 364.08 364.08
RECONCILED YES 101.92 101.92
RECONCILED YES 19.95 19.95
RECONCILED YES 79.00 79.00
RECONCILED YES 35.00 35.00
RECONCILED YES 30.00 30.00
RECONCILED YES 5,361.96 5,361.96
RECONCILED YES 880.04 880.04
RECONCILED YES 55.00 55.00
RECONCILED YES 1,148.00 1,148.00
RECONCILED YES 39.78 39.78
RECONCILED YES 5,486.00 5,486.00
RECONCILED YES 88.69 88.69
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
O0
O0
O0
O0
O0
O0
.00
.00
.00
.00
.00
.00
.00
.00
O0
O0
O0
O0
O0
O0
.00
.00
.00
.00
.00
,00
.00
.00
.00
.00
.00
.00
.00
WOODBURN LIVE C I T Y 0 F W O 0 D B U R N AP0460PAGE3
DATE 5/13/03 CHECK REGISTER VEEOT
TIME 14:08:26
CHECK ~ CHECK DATE PAYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE
"= ......~' ......................... RECONCILED YES 346.88 346.88 .00
68938 4/11/2003 FRY'S ELECTRONICS
68939 4/11/2003 GLORIA RIOS RECONCILED YES 25.00 25.00 .00
68940 4/11/2003 HIRE CALLING INC
68941 4/11/2003 ISCO INC
68943 4/11/2003 KARI KAUFMAN
68944 4/11/2003 KESSELRING GUN SHOP, INC.
68945 4/11/2003 LANGUAGE LINE SERVICES
68946 4/11/2003 MARSH-MCBIRNEY INC
68947 4/11/2003 MARY FIOCCHI
68948 4/11/2003 MARY TENNANT
68949 4/11/2003 METROFUELING, INC.
68950 4/11/2003 NATIONAL REC. & PARK ASSO
68952 4/11/2003 OR RECREATION & PARKS ASS
68953 4/11/2003 OR RECREATION & PARKS ASS
68954 4/11/2003 OREGON DEPT OF CONSUMER
68955 4/11/2003 OREGON TURF & TREE FARMS
68956 4/11/2003 PORTLAND GENERAL ELECTRIC
68957 4/11/2003 QWEST
68958 4/11/2003 SHERRI KILLGORE
68959 4/11/2003 SIERRA SPRINGS
68960 4/11/2003 TRUE CARE INC.
68961 4/11/2003 TSI
68962 4/11/2003 UNEQUALLED JANITORIAL SVC
68963 4/11/2003 UNITED DISPOSAL SERVICE
68964 4/11/2003 UNITED STATES POSTAL SERV
68965 4/11/2003 VERIZON WIRELESS
68966 4/11/2003 VIKING OFFICE PRODUCTS
68967 4/11/2003 W.W. GRAINGER INC
68968 4/11/2003 WILLABY'S CATERING & EVEN
68969 4/11/2003 WINTERBROOK PL;~qNING LLC
68970 4/11/2003 WOODBURN INDEPENDENT
68971 4/11/2003 WOODBURN TOGETHER
68972 4/11/2003 YES GRAPHICS
68973 4/30/2003 VALLEY MAILING SERVICE IN
68974 4/30/2003 DEBORAN YOUMANS
68975 4/30/2003 EAGLE WEB PRESS
68976 4/30/2003 OREGON AMERICAN PLANNING
68977 4/30/2003 DONOV~2g REYNA
68978 4/30/2003 CRAIG REALTY GROUP
68979 4/30/2003 ANNE DUSTON
68980 4/30/2003 VALLEY MAILING SERVICE IN
68981 4/18/2003 A & E IMAGING
68982 4/18/2003 AEROTEK INC
68983 4/18/2003 ALEXIN ANALYTICAL
68984 4/18/2003 A!~K UNIFORM SERVICE I
68985 4/18/2003 BARKER SURVEYING CORP
68987 4/18/2003 BRINKS HOME SEC73RITY
68988 4/18/2003 BROWN & CALDWELL
68989 4/18/2003 BULLARD,SMITH, JERNSTEDT
68990 4/18/2003 C. J. HANSEN CO., INC.
68991 4/18/2003 CIS: CITY-CTY INS. SERVS.
68992 4/18/2003 CONVEYERED AGGREGATE DEL
68993 4/18/2003 CORPORATE EXPRESS
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
1,073.83
67.50
30.00
1,181.00
124.77
80.17
1,090.77
55.50
1,942.28
50.00
370.00
200.00
2,384.01
521.00
20,775.61
2,658.33
20.00
134.00
1,950.00
255.00
438.00
2,317.35
1,100.00
54.98
252.96
58.88
500.00
5,406.02
319.80
200.00
965.00
$92.00
5,000.00
860.98
85.00
500.00
5,609.81
498.32
719.55
100.35
160.00
520.50
19.50
4,051.00
31.99
4,925.00
548.82
243.75
1,207.32
192.51
338.59
1,073.83
67.50
30.00
1,181.00
124.77
80.17
1,090.77
55.50
1,942.28
50.00
370.00
200.00
2,384.01
521.00
20,775.61
2,658.33
20.00
134.00
1,950.00
255.00
438.00
2,317.35
1,100.00
54.98
252.96
58.88
500.00
5,406.02
319.80
200.00
965.00
792.00
5,000.00
860.98
85.00
500.00
5,609.81
498.32
719.55
100.35
160.00
520.50
19.50
4,051.00
31.99
4,925.00
548.82
243.75
1,207.32
192.51
338.59
.00
.00
.00
.00
.00
.00
.00
00
00
00
00
00
00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
00
00
00
00
00
00
00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
00
00
00
00
00
00
.00
WOODBURN LIVE C I T Y 0 F W 0 0 D B U R N AP0460PAGE4
DATE 5/13/03 VEEOT
TIME 14:08:26 CHECK REGISTER
CHECK # CHECK DATE PAYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED ~A~.~ ~~
...... = ........................ RECONCILED YES 209.22 209.22 .00
68994 4/18/2003 CR~E & MERSETH
68995 4/18/2003 DALE R FRASER SALES & SER RECONCILED YES 1,867.00 1,867.00 .00
68996 4/18/2003
68997 4/18/2003
68998 4/18/2003
68999 4/18/2003
69000 4/18/2003
69002 4/18/2003
69003 4/18/2003
69004 4/18/2003
69005 4/18/2003
69006 4/18/2003
69007 4/18/2003
69008 4/18/2003
69009 4/18/2003
69010 4/18/2003
69011 4/18/2003
69012 4/18/2003
69013 4/18/2003
69015 4/18/2003
69016 4/18/2003
69017 4/18/2003
69018 4/18/2003
69019 4/18/2003
69020 4/18/2003
69021 4/18/2003
69022 4/18/2003
69023 4/18/2003
69024 4/18/2003
69025 4/18/2003
69026 4/18/2003
69027 4/18/2003
69028 4/18/2003
69029 4/18/2003
69030 4/18/2003
69031 4/18/2003
69032 4/18/2003
69033 4/18/2003
69034 4/18/2003
69035 4/18/2003
69037 4/18/2003
69038 4/30/2003
69039 4/30/2003
69040 4/30/2003
69041 4/25/2003
69042 4/25/2003
69044 4/25/2003
69046 4/25/2003
69048 4/25/2003
69049 4/25/2003
69052 4/25/2003
69053 4/25/2003
69055 4/25/2003
DE HAAS & ASSOCIATES INC
DONOVAN REYNA
FESSLERN-URSERY CO
FISHER'S PUMP AND SUPPLY
HIRE CALLING INC
IKON OFFICE SOLUTIONS
IOS CAPITAL
ITT SHARED SERVICES
JACK RAWLINGS
F..AR_N REPAIR SERVICE INC
LEVENGER
M~ION COUNTY BLDG INSPEC
METROCOUNT (USA) INC.
METROFUELING, INC.
MILLER CONSULTING ENGINEE
MOLALLA COM~g3NICATIONS
MOORE IACOGA/~0 GOLTSM~ I
NEXTEL NEXTDAY ACCESSORIE
NORCOM
OMAR VARGAS
OR RECREATION & PARKS ASS
OREGON TURF & TREE FARMS
PIPE TOOL SPECIALITIES
PORTLAND ROSE FESTIVAL
PROMOTIONS WEST
PURKISS ROSE-RSI
RENO HILTON
S.O.S. LOCK SERVICE
SELECT CONTRACTING INC
SKAGGS PUBLIC SAFETY UNIF
SUSPENDED AQUATIC MENTOR
TEK SYSTEMS INC
UNOCAL:ERNIE GRAHAM OIL
VIKING OFFICE PRODUCTS
WALLACE W. HANSEN
WOODBURN CHAMBER OF COMME
WESCO DISTRIBUTION INC
WILLIAM E ADAMS MAI
YES GRAPHICS
CITY OF WOODBURN PETTY CA
DUA~E BARRICK
VALLEYMAILING SERVICE IN
A & A PEST CONTROL,INC
A & E IMAGING
AEROTEK INC
AMERICAN Pb'BLIC WORKS ASS
A~K UNIFORM NATIONAL
AP~K UNIFORM SERVICE I
AUTO ADDITIONS, INC
AWARDS ~ ATHLETICS
BATTERIES NORTHWEST
RECONCILED YES 1,061.34 1,061.34
RECONCILED YES 15.25 15.25
RECONCILED YES 52.20 52.20
RECONCILED YES 10.78 10.78
RECONCILED YES 939.98 939.98
RECONCILED YES 286.76 286.76
RECONCILED YES 438.13 438.13
RECONCILED YES 111.00 111.00
RECONCILED YES 394.90 394.90
RECONCILED YES 604.25 604.25
RECONCILED YES 58.65 58.65
RECONCILED YES 3,068.11 3,068.11
RECONCILED YES 52.18 52.18
RECONCILED YES 524.68 524.68
RECONCILED YES 1,737.50 1,737.50
RECONCILED YES 744.93 744.93
RECONCILED YES 1,972.50 1,972.50
RECONCILED YES 57.85 57.85
RECONCILED YES 23,213.00 23,213.00
RECONCILED YES 250.00 250.00
RECONCILED YES 45.00 45.00
RECONCILED YES 416.00 416.00
RECONCILED YES 72.75 72.75
RECONCILED YES 453.60 453.60
RECONCILED YES 150.00 150.00
RECONCILED YES 3,709.25 3,709.25
RECONCILED YES 250.00 250.00
RECONCILED YES 57.00 57.00
RECONCILED YES 36,388.90 36,388.90
RECONCILED YES 131.08 131.08
RECONCILED YES 542.15 542.15
RECONCILED YES 368.00 368.00
RECONCILED YES 568.40 568.40
RECONCILED YES 64.30 64.30
RECONCILED YES 1,171.50 1,171.50
RECONCILED YES 660.00 660.00
RECONCILED YES 489.00 489.00
RECONCILED YES 2,400.00 2,400.00
RECONCILED YES 29.10 29.10
RECONCILED YES 155.75 155.75
RECONCILED YES 650.00 650.00
RECONCILED YES 590.85 590.85
RECONCILED YES 266.75 266.75
RECONCILED YES 204.76 204.76
RECONCILED YES 200.00 200.00
RECONCILED YES 380.00 380.00
RECONCILED YES 633.96 633.96
RECONCILED YES 190.02 190.02
RECONCILED YES 71.00 71.00
RECONCILED YES 767.00 767.00
RECONCILED YES 52.95 52.95
.00
.00
.00
.00
.00
O0
O0
O0
O0
O0
O0
.00
.00
.00
.00
.00
.00
.00
.00
.00
O0
O0
O0
O0
O0
O0
.00
.00
.00
,00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
O0
O0
O0
O0
O0
O0
O0
.00
.00
.00
.00
PAGE 5
WOODBURN LIVE C I T Y 0 F W 0 O D B U R N AP0460
DATE 5/13/03 CHECK REGISTER VEEOT
TIME 14:08:26
CHECK # CHECK DATE PAYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE
................. =====================================================================================
............................................... RECONCILED YES 75.64 75.64 .00
69056 4/25/2003 BEULAH JORDAN
69057 4/25/2003 BI-MART CORPORATION RECONCILED YES 390.62 390.62 .00
69058 4/25/2003 BLUMENTHAL UNIFORM & EQUI
69060 4/25/2003 CALVIN KOLLASCH
69062 4/25/2003 CHRIST'S C~URCH METHODIST
69063 4/25/2003 COASTAL FARM HOME SUPPLY
69064 4/25/2003 COCA COLA BOTTLING-NW DIV
69065 4/25/2003 CORNELIUS DONNELLY
69066 4/25/2003 CR3%NE & MERSETH
69067 4/25/2003 CTL CORPORATION
69068 4/25/2003 DAILY JOURNAL OF COMMERCE
69069 4/25/2003 DANNER SHOE MFG CO
69071 4/25/2003 DAVISON AUTO PARTS
69072 4/25/2003 DE HAAS & ASSOCIATES INC
69074 4/25/2003 DOROTHA BORLAND
69075 4/25/2003 ED HOOLEY
69076 4/25/2003 ERNIE GP.~AM OIL, INC
69078 4/25/2003 FAWNIA LE DUC
69079 4/25/2003 FISHER'S PUMP AND SUPPLY
69080 4/25/2003 FOTO MAGIC
69081 4/25/2003 FRANK SINCLAIR
69082 4/25/2003 G~W. HARDWARECENTER
69083 4/25/2003 GERTRb-DE REES
69084 4/25/2003 H D FOWLER CO, INC.
69085 4/25/2003 HATTIE VANDECOVERING
69087 4/25/2003 HIRE CALLING INC
69089 4/25/2003 HLrBBARD CHEVROLET
69090 4/25/2003 HYDRO-FIT, INC
69091 4/25/2003 IKON OFFICE SOLUTIONS
69093 4/25/2003 INGRAM DIST. GROUP
69094 4/25/2003 IOS CAPITAL
69095 4/25/2003 J. WARD O,BRIEN
69096 4/25/2003 JANICE CLAY
69097 4/25/2003 JASON ALEXANDER
69098 4/25/2003 JENSEN DRILLING CORP
69099 4/25/2003 KATHY WILLCOX
69100 4/25/2003 KENNEDY JENKS CONSULTANTS
69102 4/25/2003 L & L BUILDING SUPPLIES
69103 4/25/2003 LANDM~K FORD
69104 4/25/2003 LENNY GIAUQUE
69105 4/25/2003 LES SCHWAB TIRE CENTER
69106 4/25/2003 LOLA SPERATOS
69107 4/25/2003 MARION COUNTY BLDG INSPEC
69108 4/25/2003 F~RION ENVIRONMENTAL SERV
69109 4/25/2003 METROFLTELING, INC.
69111 4/25/2003 MOORE IACOGANO GOLTSSL~N I
69112 4/25/2003 MOVIE MANIA
69113 4/25/2003 MR P'S AUTO PARTS
69116 4/25/2003 NESTLE ICE CREAM CO
69117 4/25/2003 NEXTEL COMMUNICATIONS
69118 4/25/2003 NORTH CREEK ANALYTICAL IN
69119 4/25/2003 NORTHSIDE FORD TRUCK SALE
69120 4/25/2003 OLYMPIA BOOK CORP
RECONCILED YES 761.39 761.39
RECONCILED YES 106.33 106.33
RECONCILED YES 500.00 500.00
RECONCILED YES 250.95 250.95
RECONCILED YES 221.40 221.40
RECONCILED YES 261.95 261.95
RECONCILED YES 5,574.55 5,574.55
RECONCILED YES 439.43 439.43
RECONCILED YES 195.00 195.00
RECONCILED YES 103.95 103.95
RECONCILED YES 86.65 86.65
RECONCILED YES 244.85 244.85
RECONCILED YES 262.26 262.26
RECONCILED YES 100.00 100.00
RECONCILED YES 282.80 282.80
RECONCILED YES 53.64 53.64
RECONCILED YES 129.54 129.54
RECONCILED YES 51.21 51.21
RECONCILED YES 59.90 59.90
RECONCILED YES 824.17 824.17
RECONCILED YES 32.55 32.55
RECONCILED YES 2,496.26 2,496.26
RECONCILED YES 28.83 28.83
RECONCILED YES 977.35 977.35
RECONCILED YES 68.15 68.15
RECONCILED YES 154.95 154.95
RECONCILED YES 242.86 242.86
RECONCILED YES 3,158.62 3,158.62
RECONCILED YES 458.92 458.92
RECONCILED YES 123.69 123.69
RECONCILED YES 49.26 49.26
RECONCILED YES 150.00 150.00
RECONCILED YES 51,720.00 51,720.00
RECONCILED YES 79.68 79.68
RECONCILED YES 137,577.34 137,577.34
RECONCILED YES 358.25 358.25
RECONCILED YES 6.64 6.64
RECONCILED YES 163.37 163.37
RECONCILED YES 1,587.33 1,587.33
RECONCILED YES 28.52 28.52
RECONCILED YES 322.07 322.07
RECONCILED YES 12.20 12.20
RECONCILED YES 1,840.52 1,840.52
RECONCILED YES 1,792.00 1,792.00
RECONCILED YES 210.00 210.00
RECONCILED YES 530.58 530.58
RECONCILED YES 253.44 253.44
RECONCILED YES 1,913.78 1,913.78
RECONCILED YES 115.00 115.00
RECONCILED YES 55.57 55.57
RECONCILED YES 605.43 605.43
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
00
00
00
00
00
00
.00
.00
.00
.00
.00
.00
.00
,00
.00
.00
.00
.00
.00
.00
.00
WOODBURN LIVE
DATE 5/13/03
TIME 14:08:26
69125 4/25/2003 PORTER W YETT CO
69126 4/25/2003 QWEST RECONCILED
69127 4/25/2003 QWEST DEX DIRECTORY SOURC RECONCILED
69128 4/25/2003 R3%NDALL G. LANGBEHN RECONCILED
69129 4/25/2003 RECORDED BOOKS INC RECONCILED
69130 4/25/2003 REGENT BOOK COMP;UgY RECONCILED
69131 4/25/2003 ROBERT GALVIN RECONCILED
69132 4/25/2003 ROTH'S IGA RECONCILED
69134 4/25/2003 SCOTT RUSSELL RECONCILED
69135 4/25/2003 SHOWCASES RECONCILED
69136 4/25/2003 SONITROL RECONCILED
69137 4/25/2003 SPENCER ENVIRONMENTAL RECONCILED
69138 4/25/2003 STASTNY BRUN RECONCILED
69139 4/25/2003 STATESMAN-JOLTRNAL NEWSPAP RECONCILED
69140 4/25/2003 STETTLER SUPPLY CO RECONCILED
69141 4/25/2003 STEVE NEWPORT RECONCILED
69142 4/25/2003 TEMPLETON'S BODY SHOP & G RECONCILED
69144 4/25/2003 THE RESORT AT THE MOUNTAI RECONCILED
69145 4/25/2003 UNIVAR USA INC RECONCILED
69146 4/25/2003 VALLEY PACIFIC FLORAL RECONCILED
69147 4/25/2003 VIKING OFFICE PRODUCTS RECONCILED
69149 4/25/2003 WAYNE JESKEY CONSTRUCTION RECONCILED
69150 4/25/2003 WDBRN FERTILIZER & GRAIN RECONCILED
69151 4/25/2003 WEST GROUP PAYMENT CTR RECONCILED
69153 4/25/2003 WILLIAM A. TORRES RECONCILED
69155 4/25/2003 WOODBURN TOGETHER RECONCILED
69157 4/25/2003 YES GRAPHICS RECONCILED
69158 4/25/2003 911 DISTRIBUTORS INC RECONCILED
69159 4/30/2003 KASCH'S GARDEN CENTER RECONCILED
BANK AP TOTAL: 294 CHECKS
PAGE 6
C I T Y 0 F W 0 0 D B U R N AP0460
VEEOT
CHECK REGISTER
........ PAYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE
CHECK #
-
RECONCILED YES 807.95 807.95 '
YES 235.66 235.66 .00
YES 156.86 156.86 .00
YES 351.00 351.00 .00
YES 93.60 93.60 .00
YES 27.68 27.68 .00
YES 65.41 65.41 .00
YES 79.22 79.22 .00
YES 77.28 77.28 .00
YES 59.62 59.62 .00
YES 176.25 176.25 .00
YES 66.30 66.30 .00
YES 2,486.25 2,486.25 .00
YES 167.44 167.44 .00
YES 3,764.25 3,764.25
YES 99.55 99.55 .00
YES 209.31 209.31 .00
YES 217.74 217.74 .00
YES 961.92 961.92 .00
YES 61.90 61.90 .00
YES 117.14 117.14 .00
YES 3,271.46 3,271.46 .00
YES 172.30 172.30 .00
YES 201.50 201.50 .00
YES 28.06 28.06 .00
YES 400.00 400.00 .00
YES 178.00 178.00 .00
YES 250.00 250.00 .00
YES 223.98 223.98 .00
.00
736,331.94 736,331.94
RECONCILED .... : 294 CHECKS 736,331.94
CHECKS .00
NOT RECONCILED - - :
VOIDED ...... : CHECKS .00
UPDATED ..... : 294 CHECKS 736,331.94
NOT UPDATED . . . : CHECKS .00
WOODBURN
TO:
FROM:
SUBJECT:
May 19, 2003
Mayor and City Council through City Administrator
David Torgeson, Assistant City Engineer
Tree Removal - Settlemier Park
RECOMMENDATION:
None. Information only.
BACKGROUND:
Parks Maintenance staff intends to remove a dangerous tree from Settlemier
Park, near the ball-field and skate-park. The dead tree is believed to be a
sycamore, about 45 feet in height.
DISCUSSION:
A professional tree service will be contracted. The fee for removal will include
grinding of the stump and site cleanup. The work is planned for completion prior
to the official opening of Woodburn Skate Park, and will be performed as close
to May 21 as possible.
FINANCIAL IMPACT:
$500.00 from budgeted funds.
Agenda Item Review: City Administrator ~ City Attorney /g'/J,~) Finance__
29
WOODBURN
IOA
May 20, 2003
TO:
FROM:
Mayor and City Council through City Administrator
D. Randall Westrick, Recreation and Parks Director/(~v~
SUBJECT: Skate Park Resolution
RECOMMENDATION:
Approve the attached resolution naming the Skate Park Located in
Settlemier Park the Richard Jennings Skate Park and designating the
Richard Jennings Skate Park as an outdoor recreational facility in the City
of Woodburn.
2. By motion, adopt the attached Richard Jennings Skate Park Rules.
BACKGROUND:
When planning began more than two years ago, the Woodburn Skate Park
Committee developed a set of rules and regulations for the facility. Last
February, City staff also asked City/County Insurance Services (CClS) for a
recommendation for rules for the Park. Recreation and Parks Department staff
consolidated the rules as recommended by the Committee and CClS and sent
lhem to the Recreation and Parks Board for review and recommendation to the
Cily Council. The lwo recommendations were very similar. In fact, the
parenthetical remarks on the rules were suggested by CClS, not the Skate Park
Committee.
DISCUSSION:
The Recreation and Parks Board has recommended that the City Council
approve the attached rules. The Board discussed the need to make helmets
mandatory. However, the rules as recommended states that the use of
protective equipment including helmets "is STRONGLY recommended." This
language provides the best warning lo skaters while protecting the City's
liability.
Agenda Item Review:
City Administratdt'~:]~J;~-- City Attorney
Finance
30
Mayor and City Council
May 20, 2003
Skate Park Resolution
Page 2
The Recreation and Parks Board also suggested that the rules be posted on signs
that could be changed at a later date if rules need to be added, deleted or
modified. A state statute requiring youth skaters to wear helmets is now on the
Governor's desk. That law is expected to take effect January 1,2004.
City staff is also asking the City Council to approve the attached resolution that
designates the Skate Park "an outdoor recreational facility" pursuant to ORS
105.672 to 105.696. This statute limits the City's liability for accidents occurring at
the facility.
CClS has reviewed the attached rules and resolution and has found them to be
"very acceptable." CClS also has recommended a maintenance checklist for
the facility. The checklist is provided for information only. No action is requested
on the checklist.
The rules do not allow bicycles in the facility. Bicycle use in this confined space is
not safe and protruding metal paris of bicycles damage the concrete in the
park. However, City staff and the Recreation and Parks Board are interested in
working with local bicyclists to identify a location and develop a plan for a
facility that will accommodate bikes.
On May 31,2003, the City will conduct ribbon-cutting ceremonies and celebrate
the grand opening for the Richard Jennings Skate Park. This resolution and rules
are needed for that opening.
FINANCIAL IMPACT:
None.
Attachments
8!
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION NAMING THE SKATE PARK LOCATED IN SETTLEMIER PARK THE RICHARD
JENNINGS SKATE PARK AND DESIGNATING THE RICHARD JENNINGS SKATE PARK AS AN
OUTDOOR RECREATIONAL FACILITY IN THE CITY OF WOODBURN.
WHEREAS, at its November 12, 2002 meeting, the City Council unanimously
passed a motion naming the skate park located in Settlemier Park as the Richard
Jennings Skate Park; and
WHEREAS, the grand opening date for the Richard Jennings Skate Park will be
May 31, 2003; and
WHEREAS, the Richard Jennings Skate Park will be open to all members of the
public as an outdoor recreational facility; and
WHEREAS, the City will grant access and allow use of the Richard Jennings Skate
Park to all members of the public with no admission charge; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the skate park located in Settlemier Park is hereby named the
Richard Jennings Skate Park.
Section 2. That the Richard Jennings Skate Park is hereby designated an outdoor
recreational facility pursuant to ORS 105.672 to 105.696.
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No.
Resolution No.
32
RICHARD JENNINGS SKATE PARK
RULES
(This skate park was designated an Outdoor Recreational facility by the City Council on May 27, 2003), Resolution #
* Skate at your own risk. (Your sport, your skull, your choice. Serious injury may
result from being hit by a board, falling, or colliding. The city does not assume
responsibility for injuries.)
* This is YOUR skate park, please take care of it. Do not tag it. (Or you may be
introduced to the Woodburn Police Department on a formal basis.)
* The use of protective equipment, including HELMETS, KNEE and ELBOW PADS,
and WRIST GUARDS is STRONGLY recommended. (Our hospitals are already too
busy! )
* Skate respectfully. (The skaters code of ethics is something you can be proud of )
* Use the broom provided to keep the park clear of debris.
(Clean surface = smooth ride. Run off with our broom and we may run off with your
park. Hit a rock and you might face plant!)
* Be respectful of other park users. Moderate your language, keep music volume
down. (Give respect and it comes back to you)
* Use trash containers provided. (True skaters trash their wheels and boards, NOT
their skate park)
* Alcohol, tobacco products, drugs, and glass containers are NOT allowed.
('nuff said )
* Additional obstacles or other materials, like ramps and jumps, may not be used
at the skate park. (The park was designed this way for a reason.)
* Do not use when surface is wet. (The surface gets too slippery to be safe)
* This facility is not supervised. Use at your own riskl (So do the right thing!)
* No bicycles or motorized vehicles. (Way too much chance for injury!)
*Skaters violating these rules may be excluded from Skate Park use.
HAVE FUN AND THANK YOU!
SKATE PARK OPEN FROM 9:00 A.M. TO DUSK
33
1212 Court Sheet NE, Salem, OR 97301
P-,503.585.1121 or 1.800.922_2684
F-503.585.1140
To; N. Robert Shields, City Attorne~rom: John Zakariassen
Fax: 503-982-52~3 Pages: 1
Phone: 503-982-5228 Date: May 19, 2003
Re: Woodburn Skate Park CC:
I-I Un3ent ~:] For Review [] Please Comment I-I Please Reply r-I Please Recycle
e Commen~:
Bob,
I have re~ £ewed the docum~ats you faxed, i.e. Resolution, skate park rules,
and the ma~intenance checklist. I find all 3 documents to be very acceptable
and in fu~l compliance with all recommendations issued. I also stopped by
the park ~ast f~iday and took some pictures and walked around the area. The
park is w~ll' designed, well constructed, and should draw alot of skaters
from the ~rea. In terms of my review I have to give the city a score of 100
for the p~oject. Good luck and thank you for all your assistance. Let me
know if there is any other matters or issues I can assist with.
John Zaka~iassen
Risk Management Consultant
City County Insurance Services
1-800-922-2684 Ext: 31~
34
Help keep Settlemier Park safe!
Call 9-1-1 to report suspicious activity or in
case of serious injury. Telephones are avail-
able nearby at the Youth Activity Center or
the Woodburn Memorial Aquatic Center.
SKATEBOARD PARK
SAFETY & MAINTENANCE CHECKLIST
YES NO
[] [] Are surface areas swept clean and free of rocks, debris, foreign materials?
[] Are fencing, steps, handrails, parking, and viewing areas in good, clean condition
and free of exposed jagged edges, cracks, gaps, ridges, broken rails or cut
fencing?
[] [] Do all rails have end caps installed?
[] [] Are ramps, walkways, skating surfaces free of trip, slip and fall hazards?
[] [] Is adequate lighting available?
[] [] Is the Skate Park facility free of any visible construction deficiencies?
[] []
Are handicapped ramps required and provided? If so, do they meet the
standard for grade at 12 to 1 slope ratios? Are handrails installed on slopes that
drop more than 30 inches at any location adjacent to the ramp? Are lips also
constructed on both sides of the handicap ramp surface?
[] Is graffiti present at the site? Is there a plan or policy to address removal of
graffiti?
[] [] Is the sign displaying rules of operation in good condition, free of graffiti or
vandalism?
[] Are ali safety inspections and maintenance checklists properly signed, dated, and
filed for future reference? Are all work orders for repairs signed, dated and
documented?
[] Is a public phone, limited to 911 calls only, available for Skate Park users in the
event of an emergency?
[] [] Does the police / sheriff's department routinely patrol the park area?
EmployeeName:
Department:
Date:
RECOMMENDATIONS:
36
WOODBURN
lOB
May 20, 2003
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator ,,~/.~
Randy Rohman, Public Works Program Manager,/~//~<'
Transit Fare Increase
RECOMMENDATION: Approve the attached Resolution setting transit fares to be
effective on July 1, 2003.
BACKGROUND: Council has set transit fares since transit service was begun in 1978.
The last fare increase was implemented on July 1, 1993. During this fiscal years
budget process there was insufficient revenue available to meet all transit costs. In
order to provide a balanced budget additional revenue from fares was required. The
proposed fare increases are a transit trip from 75~ to $1.00, a transit pass from $12.50
to $15.00 and a Dial-A-Ride trip from $1.00 to $2.00.
DISCUSSION: The budget committee was presented with an additional fund request
to provide additional general funds to replace revenue that would be generated by a
fare increase but the request was not recommended for adoption. The fare increases
are therefore required to provide required revenue for the city's public transportation
service. The Americans with Disabilities Act requires that the Dial-A-Ride trip fare be no
more the double the transit fare and this proposed increase is the maximum allowed
Dial-A-Ride fare. The fare increase was planned during the budget process to be
effective on July 1, 2003.
FINANCIAL IMPACT: The funding derived from the proposed rate increase was
included in the proposed 2003-2004 budget. In order to have sufficient transit fund
revenue the fare increase needs to take effect on July 1, :2003.
Agenda Item Review:
City Administrator~ City Attorney
Finance __
37
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION SETTING NEW FARES FOR FIXED ROUTE TRANSIT AND DIAL-A-
RIDE TRANSPORTATION SERVICES.
WHEREAS, the fares on the City of Woodburn's fixed route transit and Dial-A-Ride
transportation services require an increase to be effective on July 1, 2003 in order to
provide sufficient revenues for the Fiscal Year 2003-2004 budget; and
WHEREAS, the City of Woodbum Council sets fares for the city's fixed route
transit and Dial-A-Ride transportation services; NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn establish the following fares for transportation
services:
Fixed Route Transit:
0 to 6 years old Free
6 years and above $ 1.00
20 ride pass $15.00
Dial-A-Ride Demand Response (for elderly and disabled)
One-way $2.00
Round Trip $4.00
Section 2. That the fixed route transit and Dial-A-Ride fares in Section 1 are
effective on July 1, 2003.
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
38
Approved as to form:~. "'),/~,/~~)
City Attorney
Date
APPROVED:
Kathryn Figley, 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
Woor u ,N
10C
May 27, 2003
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
Jim Mulder, Director of Community DevelopmenlT~ ?
Resolution Calling for Public Hearing to Consider Annexation of
Food Services of America Property Located at ,.aS0 South Pacific
Highway
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution calling
for a public hearing on June 23, 2003 to consider annexation of property
located at 350 South Pacific Highway.
BACKGROUND:
Food Services of America, applicant, has submitted applications to annex 41.57
acres of land into the City of Woodburn and change the zoning of the property
from Marion County CG (Commercial General) and IG (General Industrial)
Zones to City of Woodburn IL (Light Industrial) Zoning District. The subject
property is located on the east side of Highway 99E approximately 1400 feet
south of Cleveland Street at 350 South Pacific Highway.
The Planning Commission is scheduled to hear this proposal at its May 22, 2003
meeting.
DISCUSSION:
State law requires a city council to set a public hearing to consider an
annexation proposal. A resolution setting the date for public hearing before the
City Council on June 23, 2003 is attached.
FINANCIAL IMPACT:
Annexation of the property will result in additional property taxes paid to the
City, beginning FY 2004-05.
Agenda Item Review:
City Administrato~ City Attorney
Finance
4O
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF
CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF HIGHWAY 99E,
APPROXIMATELY 1400 FEET SOUTH OF CLEVELAND STREET, AND
ADDRESSED AS 350 SOUTH PACIFIC HIGHWAY.
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. Pursuant to ORS 222.120, 7:00 p.m. on June 23, 2003 is declared to be the
time set for public hearing before the Woodbum City Council on whether the City of Woodbum
shall annex that property described in Exhibit "A" attached hereto.
Section 2. Pursuant to ORS 222.120, no election is required on this issue.
Section 3. Notice of said hearing shall be published once each week for two successive
weeks prior to the day of the hearing, in a newspaper of general circulation in the City, and
notices of the hearing shall be posted in four public places in the City for like period.
Approved
to
City Attorney Date
APPROVED
KATHRYN FIGLEY, 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
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
41
Mayor Figley and Council Members:
My name is Norris M. Seaton, my address is 17240 Boones Ferry Road NE.
Woodbum, Or.
I am here to speak to you about 2 matters that concem me.
Number 1. About two and one half years ago I addressed this body about
the deterioration of Boones Ferry Rd NE and again about a year after that
and I got the response that the road would be upgraded and all would be fine
coming next year each time. This did not happen. All that has happened is
the continual deterioration of the road and the speed was posted at 35 mph
out to the city line. You are probably going to respond this time that
construction is going on and this will solve the problem. At this time the
construction crew has made a 4 to 6 inch dip at Country Club, (this is quite a
surprise if you aren't familiar with the road) humps and bumps all along the
way from Highway 214 to Vanderbeck Lane. It seems to me that this
construction could still be carried out with a much better attention to
temporarily restoring the surface to eliminate these problems. This, in my
opinion, would create better PR during this period of construction.
Question: What is in the works for Boones Ferry Road at this time and
in the future and when is it going to happen?
Number 2. On the east side of Settlemier Ave at Lincoln St. there is a
picket fence that blocks the view of anyone in a car or small pickup when
trying to enter Settlemeir Ave from Lincoln St from the east. You have to
pull out quite a ways to see to your left to make sure that there is no traffic
coming. This seems to be a traffic hazard to me.
Thanks for this opportunity to voice my views.
· ,fir REC'D
FEB
P--F"5 C~//c~ 7'/0N WOODBURN COMMUNI~
..... D~LOPME~ DE~.
NEW REOONFIGURED TRACT BEING OONVETED TO FSA
THAT TRACT OF LAND CONTAINING 4L57 AOEE5 OF LAND A5 SHOWN ON GOUNTT ~EV~ ~SE 35~27 A5 FILED IN
THE OFFICE OF THE HARION OOUNTT 5UEVETOR'5 OFFICE THAT 15 HOER PARTIC~ELT DESCRIBED A5 FOLLOWS,
BEGINNING AT A 5/8 INCH IRON ROD WITH PLASTIC ~AF HARKED L5 ~3G2 AND LTING NORTH 3G'Sq'2G" WEST 35~q. G5 FEET
OF THE SOUTHEAST CORNER OF THE NElL JOHNSON DONATION LAND OLAIH No. Gfl IN TOWN,IF 5 50UTH, RANGE ~ WEST
~ THE WELA~TTE HERIDtAN, HAEt~ ~TT, ~EG~, ~H PO~T ~ ~ ~ 5~T ~~ ~ OF ~AT
GREENFIELD PAR~ER5, LTD TRAGT DESCRIBED BT WAREANTT DEED REOORDED APRIL 2~, 3~3 OF THE ~ARI~ OOUNTT
REOORDSi THENCE ALONG DOUNDART LINE OF 5AID GREENFIELD PARTNERS, LTD T~CT THE FOLLOWING (4) OOURSES,
3) SOUTH ~G"52'58" WEST 730.~2 FEET TO A 5/~ INOH ROD ON T~E [ASTERLT RI~T OF WAT LINE OF STATE HI~WAT
.... flqE (AN 50 FOOT EIGHT-OF-WAT)i 2) THENCE NORTH 3~'35'03" EAST, ALONG 5AID EI~T-OF-WAT LINE, 72.q8 FEET TO A 5/~ IN~
ROD~ 3) THENCE NORTH 8G'53'Oq" EAST 702.22 FEET TO A RIPE; 4) THENOE NORTH 0~3'31' EAST ~5.05 FEET TO A
INCH EOD~ THENCE NORTH O~W~7" EAST 553.G0 FEET TO A 3/4 INCH PIFE~ THROE NORTH ~3"37'07" WEST 322.78 FEET
TO A POINT ON THE 5AID EASTERLT RI~T-OF-WAT LINE OF STATE HI~WAT qRE, 5AID POINT BEARING NORTH 83"37'07" WEST O.Oq
FEET PEON A 3/4 INCH PIPE; THENGE NORTH 3735'03" EAST~ ALONG 5AID EI~T-OF-WAT LINE, 330.33 FEET TO A 5/~ IN~
- ~ THENOE 50UTH ~]'4¥40" EAST ~07.GO FEET; THENCE NORTH ~'~Z" EAST 478.55 FEET TO A 5/~ IN~ RODi ~E~E
~ G737'02" EAST q47.4G FEET TO A 5/5 INOH RODi TH~E 50UTH 2~"22'~" WEST G2.3~ FEET TO A 5/~ INGH FOPi ~E
- w G~'37'04" WEST ]].&O FEET TO A 5/b INCH ROD; THENCE 50UTH 2~'Z2'~" WEST 22.30 FEET TO A 5/~ INCH ROD; ~E
~ G737'04" EAST 3~.~0 FEET TO A 5/b INCH EOB; TH~CE 5~TH 25'22'5G" WEST ~322.~4 FEET TO A 5/5 IN~ EOB; TH~E 5~H
~ &G'D2']&" WEST 775.23 FEET TO A 5/b IH~ EOD~ THENCE NORTH 03"5~'20" EAST G25.GO F,EET TO ~E POINT OF BEGINNING.
~ THE BAS15 OF BEARING OF THE ABOVE DESCRIBED TRACT 15 SAID COUNTT 5URVET HOSE 35q27.
Woo ) u N
IOD
May 22, 2003
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
Randy Scott, Senior Engineering Technician, through the Public(/~/.,')-
Works Director ~)x~ ~_
Contract Award For Resurfacing Improvements
RECOMMENDATION:
Award the construction contract to the lowest responsible bidder, Parker
Northwest Paving for resurfacing of Montgomery Street, Third Street, Fourth Street
and Fifth Street in the amount of $93,197.50.
BACKGROUND:
The contract is in conjunction with Project No. 2003-021-29, Bid No. 23-15 for
resurfacing Montgomery Street from Second to Settlemier, Third Street from
Cleveland to Harrison, Fourth Street from Garfield to Harrison and Fifth Street
from Garfield to Harrison. The project consists of surface repairs for areas of
failure, surface grinding, installation of paving fabric and the placement of a
asphaltic concrete wearing surface.
Staff received a total of six qualified bids as listed below
1. Parker Northwest $93,197.50
2. Salem Road & Driveway $100,923.00
3. Morse Bros. $106,521.50
4. Roy L Houck Construction $108,875.00
5. D & D Paving $114,497.00
6. North Santiam Paving $124,492.00
Engineers Estimate $115,103
The Iow bidder is 19% below the engineers estimate.
Agenda Item Review:
City Administrator~:~ City Attorney F/~
Finance
43
Mayor and City Council
May 22, 2003
Page 2
DISCUSSION:
None
FINANCIAL IMPACT:
The project will be funded using approved resurfacing/maintenance budgeted
funds
44
Woop o N
13A
May 27, 2003
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
N. Robert Shields, City Attorney
Scott D. Russell, Chief of Police
Proposed Nuisance Ordinance
RECOMMENDATION:
It is recommended that the City Council review the proposed nuisance
ordinance. After receiving your input, we intend to present the ordinance for
adoption at the June 9, 2003 meeting.
BACKGROUND:
The existing nuisance ordinance (Ordinance 1616) was adopted in 1978 and
although many amendments have occurred over the years, there has never
been an overall ordinance revision. The current effort was undertaken as part of
a review of several livability ordinances which were presented to the Livability
Task Force. Ordinances involving traffic, abandoned vehicles, truck parking,
and noise have been previously reviewed and presented to the task force and
then approved by the Council. The proposed nuisance ordinance revision was
extensively discussed by the task force last year and its passage was
recommended.
Included in the new ordinance are provisions pertaining to noxious vegetation.
Noxious vegetation is presently regulated by a different ordinance (Ordinance
1822) and is subject to a different process. By incorporating the noxious
vegetation regulations into nuisance enforcement, the process is simplified and
operational efficiency is increased. Upon passage of the new ordinance,
Ordinance 1822 will be repealed.
Finally, a provision in Ordinance 1616 entitled "Section 13. Toilet Facilities
Required During Construction" was omitted from the new ordinance. This
provision was added to the ordinance in 1991 at the request of the Planning
Director. It is a workplace requirement and not a nuisance regulation.
Agenda Item Review:
City Administrat(~~"" City Attorney
Finance __
Mayor and City Council
May 27, 2003
Page 2
Moreover, the federal government through the Occupational Safety and Health
Administration Act (OSHA) has existing regulations in this area which are
applicable to construction sites. Since the City requirement contained in
Ordinance 1616 is inconsistent with and probably preempted by federal law, it
was eliminated.
DISCUSSION'
Key points of the revised ordinance are as follows:
Section 1 makes it clear that a property owner, a person in charge of
property, and any person who creates a nuisance on property are all
responsible for abating or remedying a nuisance. The ordinance can be
enforced by police officers, code enforcement officers and any other city
officials specifically designated by the City Administrator.
Section 1C contains a detailed definition "junked vehicle." We believe
that this new definition is broad enough to enable additional
enforcement yet specific enough to withstand any legal challenges. By
way of contrast, Section 32 of the existing nuisance ordinance defines
"junk" as "old motor vehicles, old motor vehicle parts, abandoned
automobiles, old machinery, old machinery parts, old appliances or parts
thereof, old iron or other metal, glass, paper, lumber, wood, or other
waste or discarded material." The use of the adjective "old" is not helpful
in an ordinance of this type and has, historically, caused problems in the
enforcement of the ordinance.
Sections 2, 3, and 4 list different types of conditions which the City Council
declares to be nuisances. Public nuisance law requires that for a
condition to be declared a public nuisance, it must be harmful to the
public health, safety, and welfare. Arbitrarily designating conditions to be
nuisances could violate individual legal rights and subject the City to
potential civil liability. All of the conditions referenced in Sections 2, 3, and
4 are based upon traditional types of nuisances which are justified by
existing case law.
"Rodent attracting condition" is new language which was added to
streamline the prosecution of certain types of cases. We believe that
including this in the ordinance will enhance enforcement and that it can
be legally justified. It is apparent that any outdoor condition which
attracts rodents is a nuisance.
Mayor and City Council
May 27, 2003
Page 3
· Obstructions to streets and sidewalks by caused by earth, rock, and debris
are now specifically addressed.
Section 5 addresses noxious vegetation and incorporates the regulations
which are presently contained in Ordinance No 1822. Ordinance 1822
was adopted in 1983 and contains an entirely separate process to deal
with vegetation. By including noxious vegetation in the new nuisance
ordinance, enforcement is simplified. A uniform and consistent process is
used to address all types of nuisances. After passage of the new nuisance
ordinance, Ordinance 1822 will be repealed.
Section 6, concerning attractive nuisances, was revised to be consistent
with state law. ORS 167.810 is a criminal statute which prohibits creating a
hazard. This offense is seldom prosecuted and would require the
involvement of a police officer. The new ordinance incorporates the
language of the existing statute and allows a code enforcement officer to
issue a citation for the same violation under the City ordinance.
Sections 10 and 11 address proper garbage disposal. Language was
added to Section 11 which requires that garbage containers be removed
from the collection point and placed next to the side of the main dwelling
unit or in a location out of public view within 24 hours of garbage
collection.
Sections 12 through 22 contain an abatement process where legal due
process concerns are met and the nuisance can be abated.
Section 23 contains a summary abatement provision which can be used
in emergencies for nuisances which endanger life, health, or property.
Section 25 makes it clear that the City may enforce its nuisance
ordinance by abatement, a civil infraction citation into municipal court,
and by a civil proceeding initiated by the City Attorney as authorized by
the City Council.
Attachment:
Proposed Nuisance Ordinance
Ordinance 1616
Ordinance 1822
4.'/
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE DEFI~NING NUISANCES; PROVIDING FOR NUISANCE ABATEMENT;
ESTABLISHING A PENALTY; REPEALING ORDINANCE 1616 AND ORDINANCE 1822;
AND DECLARING AN EMERGENCY.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definitions.
A. Enforcement Officer. A police officer, code enforcement officer or
other city official authorized by the City Administrator to enforce this Ordinance.
B. Junk. Broken, discarded, or accumulated objects, including but not
limited fo: appliances, building supplies, furniture, vehicles, or part of vehicles.
C. Junked Vehicle. A vehicle which is damaged or defective in any of
the following respects which either make the vehicle immediately inoperable or
would prohibit the vehicle from being operated in a reasonably safe manner:
1. Flat tires, missing tires, missing wheels, or missing or partially or
totally disassembled tires and wheels;
2. Missing or partially or totally disassembled essential
parts of the vehicle's drive train, including, but not limited to,
transmission, transaxle, drive shaft, differential, or axle;
part or
engine,
3. Extensive exterior body damage or missing or partially or
totally disassembled essential body parts, including, but not limited to, fenders,
doors, engine hood, bumper or bumpers, windshield, or windows;
4. Missing or partially or totally disassembled essential interior
parts, including, but not limited to, driver's seat, steering wheel, instrument panel,
clutch, brake, gear shift lever;
5. Missing or partially or totally disassembled parts essential to
the starting or running of the vehicle under its own power, including, but not
limited to, starter, generator or alternator, battery, distributor, gas tank,
carburetor or fuel injection system, spark plugs, or radiator;
Page 1 -
Council Bill No.
Ordinance No.
48
6. The interior is being used as a container for metal, glass,
paper, rags or other cloth, wood, auto parts, machinery, waste or discarded
materials in such quantity, quality and arrangement that a driver cannot be
properly seated in the vehicle;
7. The vehicle is lying on the ground (upside down, on its side, or
at other extreme angle), sitting on block or suspended in the air by any other
method;
8. The vehicle is located in an environment which includes, but
is not limited to, vegetation that has grown up around, in or through the vehicle,
the collection of pools of water in the vehicle, and the accumulation of other
garbage or debris around the vehicle.
D. Owner. The owner of record, based on the Marion County's most
recent taxation
and assessment roll, of the property on which the alleged public nuisance exists
at the time of the violation.
E. Person. Any natural person, firm, partnership, association or
corporation
F. Person in Char.cie of Property. An owner, agent, occupant, lessee,
tenant, manager, contract purchaser, bailee or other person having possession
or control of property or the supervision of any construction project.
G. Responsible Party. The person responsible for abating, curing or
remedying a nuisance shall include:
1. The owner,
2. A person in charge of property,
3. The person who is alleged to have committed the acts or
omissions, created or allowed the condition to exist, or placed the object or
allowed the object to exist on the property that constitutes a nuisance as
defined in this Ordinance or another Ordinance of this city.
H. Vehicle. Any device in, upon or by which any person or property is
or may be transported or drawn upon a public highway and includes vehicles
that are propelled or powered by any means.
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Council Bill No.
Ordinance No.
Section 2. Declaration of Public Nuisances.
The acts, omissions, conditions or objects specifically enumerated in this
Ordinance are hereby declared to be public nuisances and may be abated as
provided in this Ordinance. In addition to the nuisances specifically
enumerated in this Ordinance, every other thing, substance or act determined
by the City Council to be offensive, harmful or detrimental to the public health,
safety or welfare of the city is declared to be a public nuisance.
Section3. Nuisances Affecting the Public Health. No person or
responsible party shall cause or permit a nuisance affecting the public health.
The following are declared to be nuisances affecting the public health:
A. Cesspools. Cesspools or septic tanks that are in an unsanitary
condition or which cause an offensive odor.
B. Dead Animals. Any carcass or carcass part of any fowl or animal.
C. Garba.qe. As used in this subsection the term "garbage" means an
accumulation of decomposed animal or vegetable matter, debris, rubbish,
trash, filth, or refuse except:
1. Yard cuttings, other than grass clippings, may be
accumulated on property owned or leased by the person for burning at the first
available burn season. The accumulations shall meet the size and location
requirements of the fire code.
2. Composting, but only if it is maintained in a way that does not
attract vermin, and does not produce an offensive odor.
D. Odor. Premises that are in such a state or condition as to cause an
offensive odor detectable at the property line.
E. Privies and Outdoor Toilet Facilities. Any privy or outdoor toilet
facility, except a properly functioning portable toilet as that term is defined by
the Oregon Department of Environmental Quality.
F. Rodent Attractin.q Condition. Any condition outside a building or
structure which attracts or is likely to attract, feed or harbor rodents.
G. Sta.qnant Water. Stagnant water that affords a breeding place for
mosquitoes and insect pests.
H. Surface Draina.qe. Drainage of liquid wastes from private premises.
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Council Bill No.
Ordinance No.
I. Water Pollution. Any sewage, industrial waste or other substances
placed in or near a body of water, well, spring, stream or drainage ditch in a
way that may cause harmful material to pollute the water.
Section4. Nuisances Affectin.q the Public Safety. No person or
responsible party shall cause or permit a nuisance affecting the public safety.
The following are declared to be nuisances affecting the public safety:
A. Razor and Electric Fences. A fence constructed of materials that
could cause bodily harm, including, but not limited to, those conveying electric
current, razor wire, spikes and broken glass.
B. Dangerous Trees. A standing dead or decaying tree that is in
danger of falling or otherwise constitutes a hazard to the public or to any
persons or property within the public right- of-way.
C. Hazardous Vegetation. Vegetation that reasonably constitutes a
health hazard, fire hazard or traffic hazard.
D. Holes. A well, cistern, cesspool, excavation or other hole of a depth
of four feet or more and a top width of 12 inches or more, unless it is covered or
fenced with suitable protective construction.
E. Obstructions. Earth, rock and other debris and other objects that
may obstruct or render the street or sidewalk unsafe for its intended use.
F. Snow and Ice. Snow or ice remaining on a sidewalk abutting the
property of the owner or person in charge of property for longer than the first
two hours of daylight after the snow has fallen or the ice has formed, unless
covered with sand or other suitable material to assure safe travel.
Section 5. Noxious Ve.qetation.
A. The term "noxious vegetation" means:
1. Weeds more than ten inches high;
2. Grass more than ten inches high;
3. Poison oak, poison ivy, or similar vegetation;
4. Berry vines and bushes that extend into a public right-of-way.
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Council Bill No.
Ordinance No.
B. Between May 1 and September 30 of any year, no owner or
responsible party shall allow noxious vegetation to be on the property or in the
right-of-way of a public thoroughfare abutting on the property. The owner or
responsible party shall cut down or destroy grass, shrubbery, brush, bushes,
weeds or other noxious vegetation as often as needed to prevent them from
becoming unsightly or, in the case of weeds or other noxious vegetation, from
maturing or from going to seed.
C. The term "noxious vegetation" does not include vegetation that
constitutes an agricultural crop, unless that vegetation is a health hazard or a
fire or traffic hazard.
Section 6. Attractive Nuisances. No person or responsible party shall
permit on property: ,
A. Unguarded machinery, equipment or other devices which are
attractive, dangerous, and accessible to children.
B. Lumber, logs, building material or piling placed or stored in a
manner so as to be attractive, dangerous, and accessible to children.
C. An open pit, quarry, cistern or other excavation without safeguards
or barriers to prevent such places from being used by children
D. A container with a compartment of more then one and one-half
cubic feet capacity and a door or lid which locks or fastens automatically when
closed and which cannot easily be opened from the inside which is accessible
to children.
This section shall not apply to authorized construction projects conducted
pursuant to applicable laws with reasonable safeguards to prevent injury or
death to playing children.
Section 7. Junked Vehicle Nuisances.
A. Junked vehicles are hereby found to create a condition tending to
reduce the value of property, to promote blight and deterioration, and invite
plundering and vandalism, to create fire hazards, to constitute an attractive
nuisance creating a hazard to the health and safety of minor, to create a
harborage for rodents and insects, and to be injurious to the health, safety, and
general welfare.
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Council Bill No.
Ordinance No.
B. No person or responsible party shall park or in any other manner
place and leave unattended on public property, a junked vehicle for more than
forty-eight (48) continuous hours, even if the owner or operator of the vehicle
did not intend to permanently desert or forsake the vehicle
C. No person or responsible party shall park, store, keep or maintain on
private property a junked vehicle for more than thirty (30) days.
D. It shall be permissible to keep or permit the keeping of a junked
vehicle within the city if the junked vehicle is completely enclosed within a
building or is kept in connection with a licensed and legally zoned ]unkyard or
automobile wrecking yard.
Section 8. Ol~en Stora.qe of Junk. No person or responsible party shall
deposit, store, mainiain or keep any junk on real property, except in a fully
enclosed storage facility, building or garbage receptacle. This section shall not
apply to material kept by a licensed and legally zoned ]unkyard or automobile
wrecking yard.
Section 9. Scatterin.q Rubbish. No person or responsible party shall
deposit upon public or private property any kind of rubbish, trash, debris, refuse,
or any substance that would mar the appearance of the property, create a
stench or fire hazard, detract from the cleanliness or safety of the property or
would be likely to cause injury to a person or animal.
Section 10. Garba.qe and Debris - Disposition. A person in charge of
property shall dispose of perishable garbage before it becomes offensive
promptly, but in any event at least bi-weekly; and not permit garbage to
accumulate on or about the premises. All garbage shall be disposed of in a
manner which does not create a nuisance and which is permitted by this
chapter. Garbage may be disposed of by hauling or causing it to be hauled to
a garbage dump.
Section 11. Garba.qe Cans and Containers.
A. A person in charge of property where garbage accumulates shall
keep or cause to be kept on the premises one or more portable containers of a
standard type suitable for deposit of garbage and shall deposit or cause to be
deposited in the containers all garbage that accumulates on the premises.
B. Garbage containers shall be sturdy, watertight, not easily
corrodible, rodent-and-insect-proof, and have handles at the sides and tightly
fitting lids. When not being emptied or filled, the container shall be kept tightly
closed and out of the city right-of-way. They shall be conveniently accessible to
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Council Bill No.
Ordinance No.
garbage haulers. Within 24 hours of garbage collection the person in charge of
property shall remove all garbage containers from the collection point and
place them either next to the side of the main dwelling unit or in a location out
of the view of public or adjacent property. Residents whose point of collection
is from an alley need not remove the container from the point of collection.
Section 12. Abatement Notice. Whenever a nuisance is found to exist
within the corporate limits of the city and the enforcement officer elects to
proceed by abatement, the enforcement officer shall give written notice, by a
type of mail that requires a signed receipt, to the occupant of the property
upon which the nuisance exists or upon the person causing or maintaining the
nuisance. If the occupant is not the owner of the property, the same notice
shall be sent, by a type of mail that requires a signed receipt, to the person who
is listed as the owner on the Marion County tax lot records.
Section 13. Abatement. Upon receipt of the notice that a nuisance
exists, the responsible party shall have seven days to abate the nuisance.
Section 14. Notice Requirements. The notice to abate a nuisance shall
contain the following:
A. An order to abate the nuisance within seven days:
B. The location of the nuisance, if the same is stationary;
C. A description of what constitutes the nuisance;
D. A statement that if the nuisance is not abated within the prescribed
time, the city will abate such nuisance and assess the cost thereof against the
property.
E. A statement that a person who is dissatisfied with the abatement
notice has the right to judicial review under this Ordinance.
Section 15. Request for Judicial Review. An responsible party may object
to the action intended by the city by filing a written request for judicial review in
the Woodburn Municipal Court within five days of the date that the notice to
abate was mailed.
Section 16. Requirements for Request. The request for judicial review
need not be in any particular form, except that it must:
A. Be in writing;
Page 7-
Council Bill No.
Ordinance No.
5"$
B. Identify the place and nature of the alleged nuisance;
C. Specify the name and address of the person seeking judicial review;
D. Identify the enforcement officer alleging that a nuisance exists.
A copy of the notice shall be served on the enforcement officer
Section 17. Schedulin.q of Judicial Review.
A. The judicial review hearing shall be held on the second court day
following after the request for judicial review is made. The day may be
postponed by:
1. Agreement of the parties; or
2. Order of the court for good cause.
B. The court shall promptly notify:
1. The person requesting the review; and
2. The enforcement officer.
Section 18. Judicial Review Hearin_cl. At the judicial review hearing the
city and any interested parties shall have the right to present evidence and
witnesses and to be represented by legal counsel at their own expense. After
due consideration of pertinent information and testimony, the court shall make
its finding. The findings shall be based on substantial evidence relative to the
criteria outlined in this Ordinance and shall be final.
Section 19. Notification of Violation. The responsible party shall be
notified by a type of mail that requires a signed receipt postmarked no later
than five days after the findings are entered by the court by personal delivery by
a representative of the city. Upon notification of violation, the responsible party
will have seven days to abate the nuisance.
Section 20. Abatement by City. Upon the failure of the responsible party
to abate the nuisance pursuant to the provisions of this Ordinance, the
enforcement officer shall proceed to abate such nuisance.
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Council Bill No.
Ordinance No.
Section 21. Abatement by City: Expenses. The enforcement officer shall
keep an accurate record of the expenses incurred by the city in physically
abating the nuisance which shall include an additional administrative fee in the
amount provided by the current Master Fee Schedule of the city.
Section 22. As~sessment of Costs.
A. The enforcement officer, by certified or registered mail, postage
prepaid, shall forward to the responsible party a notice stating:
overhead;
The total cost of abatement, including the administrative
2. That the cost as indicated will be assessed to and become a
lien against the property unless paid within 30 days from the date of the notice.
B. Upon the expiration of 10 days after the date of the notice, the
court, in the regular course of business, shall near and determine the objections
to the costs assessed.
C. If the costs of the abatement are not paid within 30 days from the
date of the notice, an assessment of the costs, as stated or as determined by
the court, shall be made and shall thereupon be entered in the docket of city
liens; and, upon such entry being made, shall constitute a lien upon the property
from which the nuisance was removed or abated.
D. The lien shall be enforced in the same manner as liens for street
improvements are enforced and shall bear interest at the legal rate. The interest
shall commence to run from the date of the entry of the lien in the lien docket.
E. An error in the name of the person responsible shall not void the
assessment, nor will a failure to receive the notice of the proposed assessment
render the assessment void; but it shall remain a valid lien against the property.
Secti0n23. Summary Abatement. In addition to the abatement
procedure provided by this Ordinance, the city may proceed summarily to
abate a health or other nuisance which imminently endangers life, health, or
property.
Section 24. Notice. Any notice required in this Ordinance shall be
sufficient if the person to be notified is substantially apprised of the substance of
the notice, notwithstanding any minor deficiencies or irregularities of form.
Actual receipt of the notice is not required, as long as a good faith effort is
made to deliver it.
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Council Bill No.
Ordinance No.
Section 25. En!orcement.
A. Inspection and Ri.qht of Entry. When necessary to investigate a
suspected violation of this Ordinance, the enforcement officer may enter on
any site or into any sfructure open to the public for the purpose of investigation,
provided entry is done in accordance with law. Absent a search warrant, no
site or structure that is closed to the public shall be entered without the consent
of the owner or occupant.
B. Civil Infraction. In addition to, and not in lieu of any other
enforcement mechanisms, a violation of any provision of this Ordinance
constitutes a Class I Civil Infraction which shall be processed according to the
procedures contained in the Woodburn Civil Infraction Ordinance.
C. Civil Proceedin.q Initiated by City Attorney. The City Attorney, after
obtaining authorization from the City Council, may initiate a civil proceeding on
behalf of the city to enforce the provisions of this Ordinance. This civil
proceeding may include, but is not limited to, injunction, mandamus,
abatement, or other appropriate proceedings to prevent, temporarily or
permanently enjoin or abate any violations of this Ordinance.
Section 26. Separate Offenses. Each day during which a violation of this
Ordinance continues shall constitute a separate offense for which a separate
penalty may be imposed..
Section 27. Effect of Abatement. The abatement of a nuisance is not a
penalty for violating this Ordinance, but is an additional remedy. The imposition
of a penalty assessment does not relieve a person of the duty to abate the
nuisance.
Section 28. Severability, The sections and subsections of this Ordinance
are severable. The invalidity of any section or subsection shall not affect the
validity of the remaining sections and subsections.
Section 29.
repealed.
Repeal. Ordinance 1616 and Ordinance 1822 are hereby
Section 30. Saving Clause. Notwithstanding the repeal of Ordinance
1616 and Ordinance 1822, Ordinance 1616 and Ordinance 1822 shall remain in
force for the purpose of authorizing the prosecution of a person who violated
Ordinance 1616 or Ordinance 1822 prior to the effective date of this Ordinance.
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Council Bill No.
Ordinance No.
5'"/
Section 31. Emer.qency Clause. This Ordinance being necessary for the
immediate preservation of the public peace, health and safety so that its
provisions relevant to Noxious Vegetation can be enforced immediately during
the spring and summer months, an emergency is declared to exist and this
Ordinance shall take effect immediately upon passage by the Council and
approval by the Mayor.
Approved as to form:
City Attorney
Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 11 -
Council Bill No.
Ordinance No.
Woodburn Ordinances
5-9 5-9.11
ORDINANCE NO. 1616
AN ORDINANCE DEFINING NUISANCES; PROVIDING FORTHEIR ABATEMENT;
PROVIDING PENALTIES; AND REPEALING ORDINANCES NO. 1159, 1229 AND 1,!.,!. 1.
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. Definitions.
(1) Person. A natural person, firm, partnership, association or corporation.
(2) Person in charge of property. An agent, occupant, lessee, contract
purchaser or other person having possession or control of property or the supervision
of any construction project.
(3) Person responsible. The person responsible for abating a nuisance shall
include:
(a) The owner.
(b) The person in charge of property, as defined in Subsection (2).
(c) The person who caused to come into or continue in existence a
nuisance as defined in this ordinance or another ordinance of this city.
(4) Public place. A building, way, place or accommodation, whether publicly
or privately owned, open and available to the general public.
Section 2.
1978.]
Section 3.
1978.]
Section 4.
1978.]
Animals
[Section 2 repealed by Ordinance No. 1632, §1, passed July 10,
[Section 3 repealed by Ordinance No. 1632, § 1, passed July 10,
[Section 4 repealed by Ordinance No. 1632, § 1, passed July 10,
(Sections 5 to 10 reserved for expansion.)
Nuisances Affectinq Public Health
Section 11. Nuisances Affectinq Public Health. No person shall cause or
permit on property owned or controlled by him a nuisance affecting public health. The
following are nuisances affecting public health and may be abated as provided in this
ordinance.
Woodburn Ordinances
5-9.1 1 5-9.15
(1) Privies. Open vaults or privies constructed and maintained within the city,
except those constructed and maintained in connection with construction projects in
accordance with the State Health Division regulations.
(2) Debris. Accumulations of debris, rubbish, manure and other refuse that are
not removed within a reasonable time and that affect the health of the city.
(3) Stagnant water. Stagnant water which affords a breeding place for
mosquitoes and other insect pests.
(4) Water pollution. Pollution of a body of water, well, spring, stream or
drainage ditch by sewage, industrial wastes or other substances placed in or near the
water in a manner that will cause harmful material to pollute the water.
(5) Food. Decayed or unwholesome food which is offered for human
consumption.
(6) Odor. Premises which are in such a state or condition as to cause an
offensive odor or which are in an unsanitary condition.
(7) Surface dlrainage. Drainage of liquid wastes from private premises.
(8) Cesspools. Cesspools or septic tanks which are in an unsanitary condition
or which cause an offensive odor.
Section 12. Removal of Carcasses. No person shall permit an animal carcass
owned or controlled by him to remain upon public property, or to be exposed on
private property, for a period of time longer than is reasonably necessary to remove
or dispose of the carcass. [Section 12 added by Ordinance No. 1632, §2, passed
July 10, 1978.]
Section 13. Toilet Facilities Reouired durinq Construction. Before the
construction of any building or structure is started, and where toilet facilities are not
available on the job site, a temporary water-flushed toilet or an approved chemical
toilet shall be installed, or shall be available on the job site for the use of the
workmen. There shall be one toilet for every 25 workmen on the work site. This
temporary toilet shall be maintained throughout the construction of the building or
structure. If a water-flushed toilet is used, such toilet shall be connected to the sewer
with approved joints. The person in whose name the building permit for the
construction has been issued is charged with the requirement for providing the
temporary water-flushed toilet or approved chemical toilet and is charged with the
requirement of maintenance of said facilities during the course of construction.
(Section 13 as amended by Ordinance No. 2066, passed August 26, 1991.)
(Section 14 reserved for expansion.)
Nuisances Affectinq Public Safety
Section 15. Creatinq a Hazard. No person shall create a hazard by:
(1) Maintaining or leaving in a place accessible to children a container with a
compartment of more than one and one-half cubic feet capacity and a door or lid
60
5-9.15
Woodburn Ordinances
5-9.20
which locks or fastens automatically when closed and which cannot be easily opened
from the inside; or
(2) Being the owner or otherwise having possession of property upon which
there is a well, cistern, cesspool, excavation or other hole of a depth of four feet or
more and a top width of 12 inches or more, fail or refuse to cover or fence it with a
suitable protective construction.
Section 16. A~tractive Nuisances.
(1) No owner or person in charge of property shall permit thereon:
(a) Unguarded machinery, equipment or other devices which are
attractive, dangerous and accessible to children.
(b) Lumber, logs or piling placed or stored in a manner so as to be
attractive, dangerous and accessible to children.
(c) An Open pit, quarry, cistern or other excavation without safeguards
or barriers to prevent such places from being used by children.
(2) This section shall not apply to authorized construction projects with
reasonable safeguards to prevent injury or death to playing children.
Section 17. ~;ngw and Ice. No owner or person in charge of property,
improved or unimproved, abutting on a public sidewalk shall permit:
(1) Snow to remain on the sidewalk for a period longer than the first two hours
of daylight after the snow has fallen.
(2) Ice to remain on the sidewalk for more than two hours of daylight after the
ice has formed unless the ice is covered with sand, ashes or other suitable material
to assure safe travel.
Section 18. [Section 18 repealed by Ordinance No. 1822, §8, passed June 28,
1983.]
Section 19. Scatterin0 Rubbish. No person shall deposit upon public or private
property any kind of rubbish, trash, debris, refuse or any substance that would mar
the appearance, create a stench or fire hazard, detract from the cleanliness or safety
of the property or would be likely to injure a person, animal or vehicle traveling upon
a public way.
Section 20. Trees.
(1) No owner or person in charge of property that abuts upon a street or public
sidewalk shall permit trees or bushes on his property to interfere with street or side-
walk traffic. It shall be the duty of an owner or person in charge of property that
abuts upon a street or public sidewalk to keep all trees and bushes on his premises,
including the adjoining parking strip, trimmed to a height of not less than 15 feet
above the sidewalk and not less than 15 feet above the roadway.
61
Woodburn Ordinances
5-9.20 5-9.32
(2) No owner or person in charge of property shall allow to stand a dead or
decaying tree that is a hazard to the public or to persons or property on or near the
property.
Section 21. Fences.
(1) No owner or person in charge of property shall construct or maintain a
barbed-wire fence thereon, or permit barbed wire to remain as part of a fence along
a sidewalk or public way; except such wire may be placed above the top of other
fencing not less than six feet, six inches high.
(2) No owner or person in charge of property shall construct, maintain or
operate an electric fence along a sidewalk or public way or along the adjoining
property line of another person.
Section 22. Surface Waters, Dreinaqe.
(1) No owner or person in charge of a building or structure shall suffer or
permit rainwater, ice or snow to fall from the building or structure onto a street or
public sidewalk or to flow across the sidewalk.
(2) The owner or person in charge of property shall install and maintain in
proper state of repair adequate drainpipes or a drainage system, so that any overflow
water accumulating on the roof or about the building is not carried across or upon the
sidewalk.
(Sections 23 to 30 reserved for expansion.)
Nuisances Affectin0 Public Peace
Section 31. Radio and Television Interference.
(1) No person shall operate or use an electrical, mechanical or other device,
apparatus, instrument or machine that causes reasonably preventable interference
with radio or television reception by a radio or television receiver of good engineering
design.
(2) This section does not apply to devices licensed, approved and operated
under the rules and regulations of the Federal Communications Commission.
Section 32. Junk.
(1) No person shall keep any junk outdoors on any street, lot or premises, or
in a building that is not wholly or entirely enclosed, except doors used for ingress and
egress.
(2) The term "junk," as used in this section, includes all old motor vehicles, old
motor vehicle parts, abandoned automobiles, old machinery, old machinery parts, old
appliances or parts thereof, old iron or other metal, glass, paper, lumber, wood or
other waste or discarded material.
Woodburn Ordinances
5-9.32 5-9.48
(3) This section shall not apply to junk kept in a duly licensed junk yard or
automobile wrecking house.
(Sections 33 to 44 reserved for expansion.)
Unenumerated Nuisances
Section 45. Unenumerated Nuisances.
(1) The acts, conditions or objects specifically enumerated and defined in
Sections 2 to 44 are declared public nuisances; and such acts, conditions or objects
may be remedied by any of the procedures set forth in this ordinance.
(2) In addition to the nuisances specifically enumerated within this ordinance,
every other thing, substance or act which is determined by the Council to be injurious
or detrimental to the public health, safety or welfare of the city is declared a nuisance
and may be abated as provided in this ordinance.
[Section 45 amended by Ordinance No. 1685, passed October 22, 1979.]
Enforcement
Section 46. Cumulative Remedies. This ordinance may be enforced by:
(1) criminal prosecution, as provided in this ordinance and other applicable law,
(2) abatement, as provided in this ordinance and other applicable law,
(3) an action for damages for any individual damaged by the violation, or
(4) an injunction from the appropriate court against continuation or repetition
of the violation.
These remedies are cumulative and not intended as exclusive.
[Section 46 amended by Ordinance No. 1685, passed October 22, 1979.]
Section 47. Civil Infraction Assessment. A violation of any provision of this
ordinance constitutes a class I civil infraction and shall be dealt with according to the
procedures established by Ordinance 1998. [Section 47 amended by Ordinance
2008, passed October 24, 1988.]
Section 48. Abatement.
(1) When any police officer or other city official authorized by the Mayor,
determines that a nuisance exists, such police officer or authorized official may notify
the persons responsible..
(2) The notice shall be given to:
(a) the owner of the premises on which the nuisance is alleged to exist,
(b) the person in apparent possession or control of the premises, and
(c) the person who caused the nuisance. Failure of notice to one person
does not affect the responsibility of any other person who is notified.
63
Woodburn Ordinances
5-9.48 5-9.48
(b)
(c)
(d)
exists.
(3) The notice shall direct the person notified to abate the nuisance within
three working days of the time the notice is sent or posted on the premises; a longer
notice period may also be given. The notice shall also inform the person notified of
his right to judicial review under this ordinance.
(4) If a person is dissatisfied with the notice to abate, such person may request
judicial review by making a request to the city court for judicial review. The request
need not be in any particular form, except that it must:
(a) be in writing,
identify the place and nature of the alleged nuisance,
specify the name and address of the person seeking judicial review,
identify the police officer or other city official alleging that a nuisance
A copy of the notice shall be delivered to the police officer or other city official
alleging that a nuisance exists.
(5) The judicial review shall be held on the second court day following after the
request for judicial review is made. The day may be postponed by: (a) agreement of the parties, or
(b) order of the court for good cause.
(6) The court shall promptly notify:
(a) the person requesting the review, and
(b) the police officer or other city official alleging the existence of a
nuisance.
(7) At the judicial review the court shall determine, based on a preponderance
of the evidence, whether a nuisance exists. If a nuisance exists, the court shall order
the responsible person to abate it within seventy-two hours, or within such longer
time as the court determines, for good cause, should be given. If the court finds there
is no nuisance, it shall dismiss the matter.
(8) Any person who is directed by a police officer or other authorized city
official to abate a nuisance, and does not seek judicial review within the proper time
thereby waives any further hearing or judicial determination of the issue.
(9) If a person is directed by:
(a) a police officer or other authorized city official to abate a nuisance
and neither requests judicial review within the proper time, nor abates the
nuisance, or
(b) if the person fails to abate the nuisance within seventy-two hours (or
such further time allowed) when ordered to do so by the court, then
(c) the police may abate the nuisance.
(10) There shall be no liability to the city for the abatement unless the city acts
in bad faith or causes manifestly unreasonable and unnecessary damage in the
abatement.
(1 1 ) In case of an apparent emergency, abatement may be made in a summary
manner, without notice. In such case, however, the person aggrieved may request
judicial review of the abatement.
5-9.48
Woodburn Ordinances
5-9.51
In such judicial review the abatement shall be upheld if conducted without
violation of Section 48(10) and if there is substantial evidence of the emergency and
the nuisance at the time it was abated.
[Section 48 amended by Ordinance No. 1685, passed October 22, 1979.]
Section 49. JOint Responsibility. If more than one person is responsible, they
shall be jointly and severally liable for abating the nuisance or for the costs incurred
by the city in abating the nuisance. [Section 49 amended by Ordinance No. 1685,
passed October 22, 1979.]
Section 50. ~bal;ement by City: Expenses. The City Administrator shall keep
an accurate record Of the expense incurred by the city in physically abating the
nuisance and shall include therein a charge of $10.00 or 10 percent of those
expenses (whichever is the greater) for administrative overhead. [Section 50
amended by Ordinance No. 1685, passed October 22, 1979.]
Section 51. Assessment 9f Costs.
(1) The City Administrator by certified or registered mail, postage prepaid, shall
forward to the person responsible a notice stating:
(a) The total cost of abatement, including the administrative overhead.
(b) Tha~ the cost as indicated will be assessed to and become a lien
against the property unless paid within 30 days from the date of the notice.
(c) That if the person responsible objects to the costs of the abatement
as indicated, he may file a notice of objection with the City Administrator not
more than 10 days from the date of the notice.
(2) Upon the expiration of 10 days after the date of the notice, the court, in
the regular course of business, shall hear and determine the objections to the costs
assessed.
(3) If the costs of the abatement are not paid within 30 days from the date of
the notice, an assessment of the costs, as stated or as determined by the court, shall
be made and shall thereupon be entered in the docket of city liens; and, upon such
entry being made, shall constitute a lien upon the property from which the nuisance
was removed or abated.
(4) The lien shall be enforced in the same manner as liens for street
improvements are enforced and shall bear interest at the legal rate. The interest shall
commence to run from the date of the entry of the lien in the lien docket.
(5) An error in the name of the person responsible shall not void the
assessment, nor will a failure to receive the notice of the proposed assessment render
the assessment void; but it shall remain a valid lien against the property.
The city may also institute action for the recovery of said amount against the
author or continuer thereof, or may pursue both remedies to recover said money
expended.
[Section 51 amended by Ordinance No. 1685, passed October 22, 1979.]
65
Woodburn Ordinances
5-9.52 5-9.56
Section 52. Notice. Any notice required in this ordinance shall be sufficient
if the person to be notified is substantially apprised of the substance of the notice,
notwithstanding any minor deficiencies or irregularities of form. Actual receipt of the
notice is not required, as long as a good faith effort is made to deliver it. [Section 52
amended by Ordinance No. 1685, passed October 22, 1979.]
Section 53. Separate Violations.
(1) Each day's violation of a provision of this ordinance constitutes a separate
offense.
(2) The abatement of a nuisance is not a penalty for violating this ordinance,
but is an additional remedy. The imposition of an assessment does not relieve a
person of the duty to'abate the nuisance; however, abatement of a nuisance within
three working days of the date of notice to abate, or if a written protest has been
filed, then abatement within 72 hours of the court's determination that a nuisance
exists, will relieve the person responsible from the imposition of a penalty under
Section 47 of this ordinance. [Section 53 amended by Ordinance No. 1943, passed
March 12, 1986.]
Section 54. ~;everabiliW. The sections and subsections of this ordinance are
severable. The invalidity of any section or subsection shall not affect the validity of
the remaining sections and subsections.
Section 55. Repeal. Ordinance No. 1159, enacted March 21,1967; Ordinance
No. 1229, enacted January 27, 1970; and Ordinance No. 1441, enacted August 13,
1974, are repealed.
Section 56. Saving Clause. Notwithstanding Section 55, ordinances repealed
thereby shall remain in force for the purpose of authorizing the arrest, prosecution,
conviction and punishment of a person who violated those ordinances prior to the
effective date of this ordinance.
Passed by the Council June 13, 1978, and approved by the Mayor June 14,
1978.
66
Woodburn Ordinances
5-11 5-11.2
ORDINANCE NO. 1822
AN ORDINANCE PROVIDING FOR THE CONTROL AND REMOVAL OF
OBNOXIOUS VEGETATION, REPEALING SECTION 18 OF ORDINANCE NO. 1616 (AS
AMENDED) AND DECLARING AN EMERGENCY.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Gei~eral Definitions.
(1) Person. A natural person, firm, partnership, association or corporation.
(2) Person in charge of property. An agent, occupant, lessee, contract
purchaser or other person having possession or control of property or the supervision
of any construction project.
(3) Person responsible. The person responsible for abating an obnoxious
vegetation shall include:
(a) The owner.
(b) The person in charge of property, as defined in subsection (2).
Section 2. Definition of obnoxious vegetation.
(1) The term "obnoxious vegetation" does not include vegetation that
constitutes an agricultural crop, unless the vegetation is a health hazard or a fire or
traffic hazard within the meaning of subsection (2) of this section.
(2) The term "obnoxious vegetation" does include at any time between May
I and September 30 of any year:
(a) Weeds more than ten (10) inches high.
(b) Grass more than ten (10) inches high and not within the exception
stated in subsection (1) of this section.
(c) Poison oak.
(d) Poison ivy.
(e) Blackberry bushes that extend into a public thoroughfare or across
a property line.
(f) Vegetation that is:
(i) A health hazard;
(ii) A fire hazard because it is near other combustibles; or
(iii) A traffic hazard because it impairs the view of a public
thoroughfare or otherwise makes use of the thoroughfare hazardous.
(3) Between May I and September 30 of any year, no owner or person in
charge of property may allow obnoxious vegetation to be on the property or in the
right-of-way of a public thoroughfare abutting the property. It shall be the duty of an
owner or person in charge of property to cut down or to destroy grass, shrubbery,
brush, bushes, weeds or other obnoxious vegetation as often as needed to prevent
them from becoming unsightly, from becoming a fire hazard, or, in the case of weeds
or other obnoxious vegetation, from maturing or from going to seed.
Woodburn Ordinances
5-11.3 5-11.7
Section 3. Nqtice of Violation. If any person who owns, or is in charge of,
property within the City of Woodburn shall fail or neglect to remove obnoxious
vegetation from that property, as hereinabove required, the City Administrator or his
designee shall serve upon said person a written notice to remove the obnoxious
vegetation within ten (10) days or the City will cause the same to be done and charge
the cost thereof as a lien against the property. Such notice shall be served upon said
person if he be found upon said premises or within the City of Woodburn; in case said
person cannot be found within the City after a reasonable diligence and inquiry, such
notice shall be posted in a conspicuous place upon said premises and a copy thereof
mailed by certified mail, return receipt requested, to the last known address of said
person.
Section 4. Abatement by City. If any person who owns or is in charge of
property within the city of Woodburn shall fail or neglect to destroy obnoxious
vegetation within ten (10) days after notice is given, the City Administrator or his
designee may go upon said property with such assistance as he may deem necessary
and destroy and eradicate said obnoxious vegetation in such manner as shall be most
effective in his judgment.
Section 5. Abatement Fees. The following fees shall be required by the City
for the abatement of obnoxious vegetation:
First hour
Each additional hour
or fraction thereof
00.00
50.00
Section 6. State of Fees and Or)r)ortunitv to Be Heard. Upon completion of the
abatement process, the City Administrator shall file with the City Council a statement
of the costs thereof. After a reasonable opportunity to be heard in objection thereto,
the Council shall then, by resolution, declare the correctness of said statement and
declare the same to be a lien upon the property involved, to be entered in the lien
docket and enforced against said property.
Section 6(A). Civil Infraction Assessment. In addition to the abatement
procedure provided by this ordinance, a violation of any provision of this ordinance
constitutes a class 3 civil infraction and may be dealt with according to the
procedures established by Ordinance 1998. [Section 6A added by Ordinance 2008,
passed October 24, 1988.]
Section 7..~. The sections and subsections of this ordinance are
severable. The invalidity of any section or subsection shall not affect the validity of
the remaining sections and subsections.
68
5-11.8
Woodburn Ordinances
5-11.9
Section 8.
repealed.
1983.
RePeal. Section 18, Ordinance No. 1616 (as amended) is hereby
Section 9. [Emergency clause.]
Passed by the Council June 27, 1983, and approved by the Mayor June 28,
69
May 27, 2003
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
John C. Brown, City Administrator
JLR/Bruce Pac Request for City Services
RECOMMENDATION:
It is recommended the City Council deny the request of JLR for City Services
without an annexation to the City.
BACKGROUND:
City staff has had informal conversations and exchanged correspondence with
the attorney representing JLR/Bruce Pac, regarding the requirement that Bruce
Pac annex into the City to obtain City services. The Bruce Pac property is
located on the old AgriFrozen site. The property was subdivided after AgriFrozen
closed, and a portion was sold to Food Services of America (FSA). The
remainder was later sold to Bruce Pac. The property is outside City limits, but the
City supplied fire protection and domestic water and sanitary sewer service to
the various businesses that operated at the location, until the property was
vacated in 2001. The City has never taken process waste, which was disposed
of at the site. There are no existing agreements to provide services to the
property, aside from resolutions adopted by the City Council that permit
temporary provision of services to FSA pending annexation of its property into
the City. FSA's application for annexation was considered by the Planning
Commission on May 22, 2003 and is set for Council hearing in June 2003.
DISCUSSION:
Council policy dictates services will not be provided to properties outside City
limits. If such a property is to receive services, it must annex. This policy was
most recently stated in the resolutions granting temporary service to FSA
pending annexation (Attachments 1 and 2). A few properties in the urban
growth boundary enjoy City services without having annexed and historically
received the services in an unbroken chain of use. Pursuant to current policy, as
Agenda Item Review: City Administrator
City Attorney
Finance
70
Honorable Mayor and City Council
May 27, 2003
Page 2
applied to FSA and Bruce Pac, these properties are required to annex when the
chain of use is broken.
City staff has consistently advised Bruce Pac and its attorney that annexation is
required to obtain Ci~ty water and wastewater services. Courtesy, in the form of
temporary service, has been extended to Bruce Pac, at Bruce Pac's request, to
allow them to evaluate water and waste disposal alternatives. Similar courtesy
was provided to FSA, pending their annexation to the City. Bruce Pac's attorney
advised the company intended to develop private sources for domestic and fire
protection water, and sewage disposal, rather than to annex. Bruce Pac
appears to have changed its position on this matter, as detailed in the attached
letter (Attachment 3).
Historical arrangements for provision of service no longer exist. Current
arrangements are temporary in nature and provided as a courtesy. A
reciprocal agreement between the City and the Birdseye Division of General
Foods Corporation (Attachment 4) dated 1971 provided the City would deliver
City fire protection water to the site, and could use well water from the site if City
supplies were insufficient to supply adequate fire protection in the City. The
agreement is no longer valid, did not survive beyond Birdseye's occupancy of
the site, and was not executed by the City and any successive users of the site.
To City staff's knowledge, the City has not used, nor does it rely on, water from
the site for fire protection. And, due to contamination concerns, the City does
not want private water sources in City water lines. As you know, the City has not
been responsible for fire protection since the 1980's, when the City fire
department was consolidated with the Woodburn Fire Protection District. Fire
district staff is also not aware of any instance where water from the site was used
for fire protection in the City.
Co Bank held the property after AgriFrozen closed in 2001. City staff met on at
least two occasions with Co Bank, real estate representatives, and groups of
prospective buyers to discuss City requirements for providing services. All parties
were advised that no valid agreements existed to bind the City to provide
services to the site. They were also advised of City policy requiring annexation if
services are to be provided. Bruce Pac did not discuss its purchase of the
property with City staff until after the sale was concluded, nor did City staff
advise Bruce Pac that City services would be extended to them without
annexation. When staff was advised of the purchase, it notified Bruce Pac of
City policy and requirements (Attachment 5). This position was reiterated in
subsequent meetings with Bruce Pac's attorney and in correspondences
Honorable Mayor and City Council
May 27, 2003
Page 3
between my office, the City Attorney's office, and the Public Works department,
and Bruce Pac and its representatives (Attachments 6, 7, 8, 9, and 10).
Department of Environmental Quality (DEQ) regulations require a jurisdictional
agreement between the City and wastewater customers located outside City
limits. If such an agreement does not exist, DEQ requires the service connection
be stopped. Pursuant to DEQ requirements, City Wastewater staff directs
requests to customers outside City limits, advising them of the need for executed
jurisdictional agreements. Communications from this office and Public Works
administrative staff to Bruce Pac have been specific on the requirement to
annex. Around the beginning of year, however, Wastewater staff directed the
aforementioned correspondence to Bruce Pac, requesting the execution of the
DEQ-required jurisdictional agreement. This caused some confusion for Bruce
Pac, confusion that City staff attempted to resolve in letters sent earlier this year.
These letters continue to reiterate the City's position regarding annexation of the
property and should not be viewed as willingness on the City's part to extend
services without annexation.
Staff's position, as conveyed to Bruce Pac, reflects current Council policy. It is
consistent with the requirements placed on FSA and is not affected by any valid
agreements or permanent arrangements. Therefore, your denial of Bruce Pac's
request is respectfully recommended. Should Bruce Pac continue to desire City
services and agree to annex, your Council can, as it has with FSA, formalize the
temporary provision of services by adopting a resolution. Given the time that
has passed since this matter was first raised, a period not-to-exceed six months is
recommended and is sufficient to complete the annexation process.
Representatives of the Public Works department will be available at your May
27, 2003 meeting to answer any questions you may have. I am also available
prior to that meeting should you have any questions of me.
JCB
Attachments
A'I'rACHMENT 1
COUNCIL BILL NO. 2421
RESOLUTION NO. 1703
A RESOLUTION AUTHORIZING THE PROVISION OF FIRE PROTECTION
WATER AND SANITARY SEWER SERVICES TO FOOD SERVICES OF
AMERICA, INC. PENDING ANNEXATION.
WHEREAS, It is the policy of the Woodburn City Council that all
properties receiving City water and sanitary sewer services shall be annexed to
the City; and
WHEREAS, Food Services of America, Inc. has purchased property
outside City limits but inside the urban growth boundary; and
WHEREAS, Food Services of America, Inc. has requested that the City
provide Fire protection water and sanitary sewer services to its property; and
WHEREAS, Food Services of America, Inc. has agreed to seek annexation
of its property to the City; and
WHEREAS, the City Council of the City Of Woodbum has determined
that it is in the best interests of the City and the local economy to provide fire
protection water and sanitary sewer services to Food Services of America, Inc.
while an annexation request is being processes; and
WHEREAS, the City Council has determined that it is also in the best
interest of the City to limit the period of time that fire protection and sanitary
sewer service will be provided, pending annexation, to six months. NOW
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City may provide fire protection water and sanitary sewer
services to Food Services of America, Inc. pending annexation.
Section 2. Unless annexation is competed, the City shall cease to provide
such services no later than six months following the date this resolution is
executed.
Approved as to form:
City Attorney Date
Page 1 - COUNCIL BILL NO. 2421
RESOLUTION NO. 1703
Richard Jennings, May~
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
October 28, 2002
October 29, 2002
October 29, 2002
October 29, 2002
ATTEST
Mary TennanV2, Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2421
RESOLUTION NO. 1703
'74.
A'I'I'ACHMENT ~z
COUNCIL BILL NO. 2450
RESOLUTION NO. 1720
A RESOLUTION AUTHORIZING THE PROVISION OF FIRE PROTECTION
WATER AND SANITARY SEWER SERVICES TO FOOD SERVICES OF AMERICA,
INC. PENDING ANNEXATION.
WHEREAS, It is the policy of tine Woodburn City Council that all properties
receiving City water and sanitary sewer services shall be annexed to the City; and
WHEREAS, Food Services of America, Inc. purchased property outside City
limits but inside the urban growth boundary; and
WHEREAS, Food Services of America, Inc. requested that the City provide Fire
protection water and sanitary sewer services to its property; and
WHEREAS, Food Services of America, Inc. agreed to seek annexation of its
property to the City; and
WHEREAS, the City Council of the City of Woodburn determined it is in the
best interests of the City and the local economy to provide fire protection water and
sanitary sewer services to Food Services of America, Inc. while an annexation request is
being processed; and
WHEREAS, on October 28, 2002, the City Council adopted Resolution No. 1703
authorizing the provision of fire protection water and sanitary sewer services to Food
Services of America, Inc. pending annexation; and
WHEREAS, the City Council determined it was also in the best interest of the
City to limit the period of time that fire protection and sanitary sewer service will be
provided, pending annexation, to six months; and
YVHEREAS, Food Services of America, Inc. was not able to complete annexation
within the six-month period granted by the Council on October 28, 2002, but will be
able to complete annexation within an additional three months, NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City may continue to provide fire protection water and sanitary
sewer services to Food Services of America, Inc. pending annexation.
Page 1 -
Council Bill No. 2450
Resolution No. 171~0
'/'5
Section 2. Unless annexation is competed, the City shall cease to provide such
services no later than three (3) months following the date this resolution is
executed.
Approved as to form:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
City Attorney .Date
"... ,eat~n Figley/~a~r
~ay 12, 2003
May 14, 2003
May 14. 2003
Filed in the Office of the Recorder
May 14, 2003
ATTEST:
Mary Tenttetnt City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No. 2450
Resolution No. 1720
DONALD M. KELLEY
PHILIP T. KELLEY
PATRICK E. DOYLE
KELLEY & KELLEY
Attorneys and Counsellors
110 NORTH SECOND STREET
SILVERTON, OREGON 97381
May 16, 2003
N. Robert Shields
Attorney for the City of Woodburn
270 Montgomery St.
Woodbum, OR 97071
Re: JLR/Bruce Pac/City of Woodburn
ATTACHMENT
AREA CODE 503
TELEPHONE 873-8671
· ~ REC'D 'h
MAY 1 9 2003
WOODBUFIN
CITY ATTORNEY
Dear Bob:
Thank you for your letter dated May 7, 2003. Mr. Bruce recently returned from his plant
in South America and has asked me to respond to your letter.
I do wish to address the City Council on May 27, 2003. At that time, I will request that
the City Council honor the existing and historic arrangement whereby the property
recently purchased by JLR is provided with city water and sewer services. In order of
importance to my client the utilities are ranked as follows:
1. Sanitary sewer;
2. Fire suppression water supply; and
3. Drinking water.
All of these have customarily been supplied to this property, and it was my client's
understanding in purchasing the property that those utilities would continue to be supplied
by the City.
My client has adequate on site water for drinking'and fire suppression purposes if
necessary. Historically, the City of Woodburn has used my client's water for fire
suppression inside the City.
In fact, the City has sent materials to my client on several occasions since my client's
purchase of the property indicating that the City would be willing to supply these services
to the property. .
77
N. Robert Shields
Attorney
May 16, 2003
Page 2
My client has a number of options for the property. Some options do not require sanitary
sewer to the property. Those options, however, also do not provide local jobs. In the
alternative, my client has options for the property which could create hundreds of jobs for
workers in Woodburn.
Yours truly,
KELLEY & KELLEY
DONALD M. KELLEY
DMK:smk
pc: JLR, LLC
'I8
A'G' R:.E E"N E N T A11'ACHMENT4
THIS AGREENENT, made ,and ~.executed"ln trlp.Itcate .thiS' .Ttk
day of.~-l,~Ap~l~ .'1971, .by. an~ .between the CITY 0F'~.WOODBURN, a municipal
corporation,~ hereinafter'.ca~led "CITY~ 'and BIRDSEYE'DIVISION,
GENERAL FOODS CORPORATION, a Delaware corporation qualified and
authorized tO'~do business in the State. of OregOn,'hereinaffter called
"BIRDSEYE ".
WITNESSETH:~
WHERe, .the.parties hereto have as a common goa~ and ob-
Jet-rive .b.etter,.and more efficient fire ;prot%Ction".service and
f~.cilities-in .end about :.the'uommuni~y'. and
WHE~.~ /maid ': goals .and. objectives 'may be better achieved by
the part&es .hareto'~aat~ug ln'concert-'~nd'combining 'thei~ fire pro-
tection c ~pabIlities and facilities ~;'-n~w, therefore,'.'
~FOR ..AND IN.-¢ONSZDERATION of the 'mutual :covenants herein con-
tained the'!.9a.r~ies '.':agree as ·follows: ·
.1. Lu. the ~event of a fire emergency, holocaust or conflagra-
tion within the City of Woodburn, which is greater than CITY'S water
production capability to control or combat,.. BIRDSEYE agrees that it
wl-ll,.:..~upon-request of. CITY by and through its'-~ayOr.; !OitY-Manager,.;
or Fire Chief, supply water to CITY'S system for the duration of
such emergenc~ or until such time as it fa~lls .wi.t.hlr~,CITY'S ..
capacity .to' limit and contain, and in such Volumeas "CITY may require
and request.
2. In the event Compliance with the foregoing paragraph may
or will result in a cessation of production at BIRDSEYE, CITY agrees
that .B!RD~..E~. ~...in Bi.P~.EYE!S sole discretion, shall determine whether
said supplY,'of. ~water to CITY shall continue, and if so, in what
volume and for what period of t~_~e, it being the intent of the
parties to .make' available the' maximum amount of water for fire
?g
protection and to cause the least possible disruption to the
perishable food processing done by BIRD~EYE.
3. CITY agrees to pay BIRDSEYE for'any and all water consumed
by CITY under the provisions hereof at the rate then in effect in
the City of Woodburn. Volume consumed will be estimated by
BIRDSEYE.
~. CITY ~grees that for the duration of this agreement it
will continue to supply water, on an unmetered basis, to the
sprinkling system in the buildings owned by BIRDSEYE.
5. CITY does hereby indemnify and hold BIRD~EYE harmless
from all costs, expenses, damages, liabilities or claims of any
nature whatsoever resulting from or in any way relating to the
supply of emergency water contracted for hereunder.
6. This agreement shall .be and remain in full force and
effect from the date of execution hereof until terminated by
either partY upon. w~itten notice to the other.
DONE AND DATED at Woodburn, Oregon the day and year first
hereinabove written.
CITY OF WOODBURN,
a municipal corporation
'-E. Walt~ DawsOn,
Mayor
· BIRD$EYE DIVISION
GENERAL FOODS CORPORATION
Plan,t/Manage-r' --
Arthur R. jp~n
City Manager
. . Barney Oo/Burris, ~eoorder
City of Woodburn, Oregon 80
October 4, 2002
Wg0D 3 .u-r,N
Incor?orclted ~8851
A'I-i'ACHMI:NT D
Pete Larson
General Manager
BrucePac
PO Box 540
Silverton, OR 97381
Dear Mr. Larson:
City of Woodbum Council policy is that provision of city services to facilities within the
Urban Growth Boundary but not within the city limits requires that annexation of the
property being served be accomplished. City Council in the past has required that
annexation be complete prior to service being provided. With your projected operations
commencing soon, sufficient time may not be available to complete the annexation
process prior to start of operations. Annexation actions, however, should be started
prior to use of city services. Public Works will recommend that services be provided
prior to annexation being completed and an agreement will need to be developed for
that situation.
The utility accounts for fire service and sewer service have been closed. Please
provide me the address and other information for your fire insurance carrier. The city
will provide a letter to the insurance carrier stating that fire service will continue to be
provided although no active fire service account exists.
Please call me at (503) 982-5245 if you have any questions.
Randall Rohman, P.E.
Public Works Program Manager
CC~
John Brown, City Administrator
N. Robert Shields, City Attorney
Frank Tiwari, Public Works Director
Jim Mulder, Community Development Director
PubUc Works Administration and Engineering Divisions
~qO Ca,eld Stree~ · I~f/oodburn, Oregon q707~
Pb. 50.1-982-5240 · Fax 503-982-5242
II
81
· OODBURN
January 23, 2003 !n corpora ted 188 9
ATTACHMENT 6
Pete Larson
General Manager
BrucePac
PO Box 540
Silverton, OR 97381
Dear Mr. Larson:
The city's letter of October 4, 2002 informed BrucePac of City of Woodburn
Council policy that.:provision of city services to facilities within the Urban Growth
Boundary but not witt~in the city limits requires that annexation of the property
being served be accomplished. Since BrucePac has decided not to complete
annexation, the city will be terminating services.
Since BrucePac has chosen not to proceed with actions to annex the property
requiring city services, the existing fire service that serves the BrucePac facilities
will be closed off on March 3, 2003.
There is an existing sanitary sewer line that serves the Food Services of America
facility. Food Servioes of America has an easement to utilize this sewer line
and has agreements with the city for treating generated wastewater while they
are in the process of annexing to the city.
Since BrucePac has chosen not to proceed with actions to annex the property
requiring city servic,e.s, and does not have an agreement for the city to provide
sanitary sewer service, the city will not be able to allow wastewater discharge
from 13rucePac facilities to the city's system.
The city is aware that laterals connect to the manholes or the sewer line in the
easement that provides Food Services of America sanitary service. To ensure
compliance, these connections need to be physically disconnected from the
existing sanitary line that provides Food Services of America service. Physical
disconnection shall typically require that a short section of the lateral connection
be removed and that the lateral be capped. The connection point of the removed
lateral to the manhole or sewer line must be repaired and sealed to prevent any
infiltration or inflow. In the absence of any agreement for service, BrucePac must
stop wastewater discharge to the city system immediately and complete removal
of physical connections by March 3, 2003.
Public Works Administration and Engineering Divisions
~90 Garfiel¢l SIre~l ' t~/oo~lb,,rn, Oret~on ~707~
pI~.$03-982-$240 ' F~x $03-982-$242
The city will complete a television inspection of the Food Services of America
service line that is in the easement though BrucePac property to insure that there
is no physical connection from your facility to that line. Other methods of
monitoring may also be utilized.
Please call Randy Rohman at (503) 982-5245 if you have any questions.
Sincerely,
G. S. (Frank)Tiwari, P.E.
Public Works Director
CC:
Mark Hamlin, Department of Environmental Quality
Kevin HendriCks, Woodburn Fire District
John Brown, City Administrator
Bob Shields, City Attorney
---Public Works Divisions
88
ODBURN
W9 .
[-ncorporatcd t889
February 28, 2003
ATrACHMENT 7
Donald M. Kelley
Kelley and Kelley
110 North Second Street
Silverton, OR 97381
JLR/Bruce Pac/City of Woodburn
Request for Time Extension
FAX to 503-8 73-8396
attd First Class Mail
Dear Mr. Kelley:
Your letter of February 2003 requested a short time extension for city turn offof fire
service and Bruce Pac's completion of physical disconnection from the city sewer
system. The City will grant an extension until March 31, 2003.
City Council policy dictates that the city will provide sanitary sewer service required if
annexation to the city is agreed upon and actions are taken to proceed with the
annexation. To protect the city's sanitary sewer system from non-permitted discharges,
physical disconnection, as described in the January 23, 2003 letter from the Public Works
Director, must be complied with. An alternate sewage disposal system completed by
Bruce Pac has no effect on this requirement.
With respect to the fire service connections for Bruce Pac and Food Services of America,
I am advised that they are physically separate systems and one can be turned off with no
effect on the other.
Please work directly with Mr. Frank Tiwari, Public Works Director if you have any other
questions or concerns regarding this matter.
CC.'
Sincerely,
John C.~ r'o~
City Administrator
Frank Tiwari, Public Works Director
Bob Shields, City Attorney
Office of the City Administrator
270 Montgomery Streel · Woodbutn. Oregon ¢707t
Ph.503-982-5225 · Fax 503-982.5.7.4..I
84
DONALD M. KELLEY
PHILIP T. KELLEY
PATRICK E. DOYLE
KELLEY & KELLEY
A~,,,~ys,md Coar~,//ars
[.10 NORTH SECOND STREET
SILVERTON. OREGON 9738!
AREA CODE 603
TELEPHONE 873~-867 i
February 26, 2003
John Brown, Administrator
City of Woodburn
190 Garfield Street
Woodbum, OR 97071
RE: JLR / Bruce Pac / City of Woodburn
Sent by facsimile to (503) 982-5242
and by First Class Mail
Dear John:
My client received the enclosed letter dated January 23, 2003 from Frank Tiwafi. In it, Frank
states that the existing fire service that serves Brace Pac facilities will be closed off on March 3,
2003. The letter also states that Brace Pac must stop waste water discharge to the city system
and complete removal of physical connections by March 3, 2003.
Considering the confusion over the city's offer to provide services, I do not know whether to
understand Frank's letter as the city's position or as another miscommunication. As a result of
the confusion, my client would like to delay for a short time the deadline for making the switch
over on both sewer and water.
In addition, I wish to remind you that the water service for FSA fire protection is tied to the same
system as the JLR system.
Further, once the alternate sewage disposal system is ready, them will be no need to disconnect
the laterals and cap them.
Considering the prior confusion, a delay seems appropriate at this point. Please consider the
above and respond.
Thank you for your courtesy and cooperation.
Yours truly,
KELLEY & KELLEY
DONALD M. KELLE
DMK:da
Enclosure
pc: JLR, LLC
85
A'I'rACHMENT 8
on,uRN
Incorporated 1889
March 7, 2003
Donald M. Kelley
Attorney at Law
110 N. Second St
Silverton OR 97381
Dear Mr. Kelley:
Thank you for sharing your thoughts about water and sewer service issues for your client and the City
of Woodburn. Since you have brought to my attention four different items, I will try to address these
separately.
Rate structure for property outside the city limits
City water and sewer rate structures are established on a "cost basis", therefore, there is no
difference in charges to properties outside city limits and inside the city limits. This method of
establishing rates has been used by most cities to make sure that there is no discrimination and
thus avoid legal challenges. You may still find some smaller cities which do charge in the
manner that favors the city residents, but Woodburn does not.
Agreement with Agripac for use of water during large fires: I do not believe that the city entered
into an agreement with Agripac on this water supply issue. I do not recall ever using Agripac
water for fire suppression, and you know that I have been here for more than 27 years. I know
that an old back-flow prevention device was replaced a number of years ago that updated the
mechanism to prevent water from Agripac entering the city system even if the city's water
pressure dropped. There may have been some mutual agreement in the distant past, but it
would have no applicability now. Also, I recall that Agripac occasionally used city water and we
billed appropriately.
Availability of your client's water production capability to city's benefit:
The City of Woodburn would not be interested in utilizing private water through city main lines.
There is too much chance of contamination, and the city cannot take any chances. However, we
do appreciate your offer.
Availability of city water and/or sewer service to your client:
In my opinion, it is rather simple to annex to the city and have your client follow the city policies,
similar to all other customers of the city. The city is willing to have your client as its customer.
However, we must be consistent with the enforcement of city policies.
Public Works Administration and Engineering Divisions
~ 90 Carfield Street · Woodburn, Orego. 9707~
Ph. 505-982-52bO · Fax 503-982-5242
86
Donald M. Kelley
Attorney at Law
March 7, 2003
Page 2
I believe the time has come for your client to make a decision and we are willing to be helpful.
Since~l,y, __
G. S. "Frank" Tiwari, P.E.
Director of Public Works
GST/Ig
cc:
City Administrator
City Attorney
Randy Rohman
Public Works Division Heads
File
H:\MyFiles\GS~Kelley & Kelley-Bruce Pac
8'/'
DONALD M. KELLEY
PHILIP T. KELLEY
PATRICK E. DOYLE
Frank Tiwari
Public Works Director
190 Garfield St.
Woodburn, OR 97071
KELLEY & KELLEY
Attorneys and CounseJlors
110 NORTH SECOND STREET
SILVERTON, OeEGON 97381
March 3, 2003
MAR 0 5 2003
PUBUC WORKS
Re: JLR/Bruce Pa&City of Woodburn
Dear Mr. Tiwari:
Thank you for your letter concerning the JLR sewer and water hook ups. I was recently
provided with information that I wanted to share with you, although I am sure that you
already are aware of these facts.
It is my understanding that the City of Woodburn currently has a rating structure for
water and sewer use for customers outside of the city limits and that the City would not
be making an exception by allowing my client access to city water and sanitary sewer
even though they are not inside the city limits. In my experience, these rates are usually
substantially higher than city users and are a bonus to the citizens of the city providing the
services.
In addition, I have been told that Agripac and the City of Woodbum had a long standing
agreement concerning the use of each other§ water in the event of a fire. In fact, I am
informed that during one large fire, the City relied so heavily on Agripac water that
Agripac almost had to stop production. My client does not need nor plan to use city water
for domestic purposes (toilets, sinks, etc.) but is interested in pursuing an agreement with
the City that would allow my client to have access to city water for fire purposes and
which would also allow the city to have access to my client's water for fire purposes. The
City, of course, would be paid for this availability of water for fire fighting purposes. I
am informed that an anti back flow device had already been installed and is still in place
to prevent contamination of city water.
88
Frank Tiwari
Public Works Director
March 3, 2003
Page 2
Considering the financial and practical advantages to both the City and my client, I ask
that you reconsider ~e City's position with regard to fire water access and sanitary sewer.
Thank you for your cOurtesy and cooperation.
Yours truly,
KELLEY & KELLEY
DONALD M. KELLEY
DMK:smk
pc: JLR, LLC
John C. Brown
Incorporated 1889
A'I-rACHMENT 9
March 31, 2003
Donald M. Kelley
Attorney at Law
110 N. Second St
Silverton OR 97381
Dear Mr. Kelley:
Thank you for your letter of March 19, 2003 which has been reviewed by the city staff. It has been
determined that your client does need to take action on the previously conveyed activities necessary
for continuation of water and sewer service from the city to his property. However, we did not have
enough time to consider the letter, make determination, respond to your letter and allow your client
time to take appropriate action. Therefore, the deadline for water turn off and sewer disconnection is
being extended to April 30, 2003.
We hope that you and your client will consider this fair and appropriate under the circumstances.
Sincerely,
Director of Public Works
GST/Ig
CC:
City Administrator
City Attorney
Randy -Rohman
Public Works Division Heads
File
Public Works Administration and Engineering Divisions
t90 C,~rfield $treel " tr/oodburn, Oregon 9707f
p&.,O3-982-,Z40'£ax ,03.98..'-5242 ~iVayFiles,GST~Kelle¥ & Kellev-Elruce Pac 3-31
90
DONALD M. KELLEY
PHILIP T. KELLEY
PATRICK E. DOYLE
Frank Tiwari
Public Works Director
190 Garfield St.
Woodbum, OR 97071
KELLEY & KELLEY
Attorney's aad Coutz.~ellot~
110 NORTH SECOND STREET
$1LVERTON. OREGON 97381
March 19, 2003
AREA CODE S03
TELEPHONE 873-867
RECEIVED
MAR 2 0 2003
PUBLIC WORKS
Re: JLR/Bruce Pat~City of Woodburn
Dear Mr. Tiwari:
Thank you for your letter of March 7, 2003. It is my client's understanding that there are
currently property owners outside of the City of Woodburn which receive the city
services that are being requested by JLR, LLC. Indeed, the property owned by my client
has received this service for many years even though the property is outside of the City of
Woodbum. The JLR property was served by city services through a variety of prior
owners and over a long period of time, including that time when the plant was not in
operation. The services were left in place and were in place when my client negotiated
for the purchase of the property and when my client took possession. We do not
understand why the city chooses to discriminate against JLR.
It is especially hard to understand why the city takes this new and hard line stand against
a potential employer while it is losing other employers in the same vicinity. It would
seem appropriate for the City of Woodburn to be doing everything possible to encourage
and support local employers. Mr. Bruce already employs a large number of people in
Marion County and in South America. While no decision has been made whether to use
the Woodburn property only tbr storage, or whether to do production, I would think that
ongoing friendly relations with the City of Woodburn will play a part in that decision.
While it is possible that my client may choose to be annexed at some time in the future, it
is not willing to be tied down to any time frame. Of particular importance in that decision
making process will be the relationship developed between the parties over time.
If you are not in a position to make the decision to allow JLR to continue to use city water
and sewer, please let me know when this matter can be placed on the city council agenda.
91
Frank Tiwari
Public Works Director
March 19,'2003
Page 2
Thank you for your continued courtesy and cooperation.
Yours truly,
KELLEY & KELLEY
DONALD M. KELLEY
DMK:smk
pc: JLIL LLC
John C. Brown, City Administrator
Bob Shields, City Attorney
Randy Rohman
92
DBU
Wgo . RN
Incorporated t889
A'I-rACHMENT 10
May 7, 2003
Donald M. Kelley
Kelley and Kelley
110 N. Second Street
Silverton, OR 97381
RE: JLR/Bruce Pac/City of Woodbum
Dear Don:
At your request, I met with the City Administrator and Public Works Director concerning
disconnection of your client JLR, LLC/Bruce Pac from City of Woodburn water and sewer
service. As I believe you are already aware, the City's position is that it will discontinue both
types of service to your client's property unless your client takes immediate steps to annex its
property into the City.
In our recent telephone conversation you advised me that you wanted an opportunity to address
the City Council on this issue. After my consultation with the City Administrator, I am
authorized to inform you of the following:
The City will again extend the deadline for City turn off of water service and your
client's completion of physical disconnection from the City sewer service until
May 28, 2003.
If you wish to address the City Council on this topic, the City Administrator has
agreed to place the matter on the May 27, 2003 meeting agenda. Your appearance
on the agenda will be contingent upon you providing all written materials you will
place before the City Council to the City Administrator's office by no later than
May 19, 2003. At a minimum, these materials should include the specific action
you will request of the City Council, the time period for which the action is
requested, and a summary of the reasons for the request. ~
Office of the City Attorney
270 Montgoraety Street ° 97oodburn, Oregon 97071
Ph.fO3-~82-5228 · Fax 503-982-5243
Donald M. Kelley
May 7, 2003
Page Two
If you have any questions or concerns, please contact me.
courtesy.
Sincerely,
N. Robert Shields
City Attorney
NRS:jc
cc: John Brown, City Administrator
Frank Tiwari, Public Works Director
Jim Mulder, CommUnity Development Director
Thank you for your professional
94.
14A
May 27, 2003
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
Jim Mulder, Director of Community Development ~
Planning Commission's Action on Design Review 02-10 and
Variance 02-06
RECOMMENDATION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review if it desires.
BACKGROUND:
On May 22, 2003, the Planning Commission adopted a final order approving a
proposal for design review approval to construct a 7,154 square foot building in
the Commercial Office (CO) zoning district; and a variance from Woodburn
Development Ordinance Section 2.105.05.C.2 which requires a solid brick or
architectural wall adjacent to an RS, RIS, or RM zone. The subject property is
located at 1385 Meridian Drive. This decision is final unless appealed or the City
Council calls this decision up for review.
APPLICANT:
Scott Beck, Architect
361 NE Third Avenue
Canby, OR 97013
PROPERTY OWNER:
MPB LLC
1385 Meridian Drive
Woodburn, OR 97071
NATURE OF THE APPLICATION:
The applicant requested design review approval to construct a 7,154 square
foot building in the Commercial Office (CO) zoning district. In addition, the
applicant requested a variance from Woodburn Development Ordinance
Agenda Item Review:
City Administratc~
City Attorney/~
Finance
Mayor and City Council
May 27, 2003
Page 2
Section 2.105.05.C.2 which requires a solid brick or architectural wall adjacent to
an RS, RIS, or RM zone.
RELEVANT FACTS:
The subject site is located at 1385 Meridian Drive. It can be identified
specifically on Marion County Assessor Map T5S, 1W, Section 7AC, Tax I.ot 3900.
The proposed building will be located on a vacant portion of the subject site.
The existing building on the subject site is 2,010 square feet in size and is
occupied by Scarborough Insurance and Edward D. Jones Investments. The
proposed new building has a 5,208 square foot first floor and 1,946 square foot
second floor. A dental and physical therapy office will be located on the first
floor and storage on the second floor. The subject property is zoned Commercial
Office (CO) and designated Commercial on the Woodburn Comprehensive
Plan Map. The properties to the east, west (across Meridian Drive), and south
(across Ray J. Glatt Circle) are also zoned Commercial Office (CO) and
designated Commercial on the Woodburn Comprehensive Plan Map. Medical,
insurance, and real estate offices are located to the east, west and south of the
subject site. The property to the north is zoned Single Family Residential (RS) and
designated Residential Less Than 12 units Per Acre on the Woodburn
Comprehensive Plan Map. The Tukwila Golf course is located to the north of the
subject site.
No wetlands are located on the subject site and it is located outside of the 500-
year floodplain.
A previous site plan review (SPR 1992-13) was submitted on the subject property.
On September 24, 1992, the Planning Commission approved a 2,010 square foot
office building.
DISCUSSION:
None
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
g6
O~J 31~IV~,
Z~
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