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Agenda - 10/14/1996 1. 2. 3. 4. \ " AGENDA WOODBUIlN crn COUNCIL 270 Montgomery Street · · · Woodburn, Oregon October 14,1996 - 7:00 P.M. ~~,~~,~ :~","l;l :~,~~~j~;~f':' ~ ~>>1~:-,t;:~;<.~" H ~\~1 wr0~ . _ To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. ORS 192. 660( 1 )(h) -- ,A~,~t dU#.!:~y ~,u)l~,~~' A. B. C. Council minutes of September 23, 1996 regular and executive meetings. Council minutes of September 30, 1996 workshop. Planning Commission minutes of September 26, 1996. 5. APPOINTMENTS: !A !a ~ ANNOUNCEMENTS: A. Public Hearing: October 15, 1996 - Esperanza Court B. Council Workshop with PC Northwest, October 21, 1996, 7:00 p.m. C. Joint Goal Review Workshop, November 4, 1996. (see memo) K D. Dedication of Pool Plaque, November 25, 1996, 6:00 p.m. PROCLAMATIONS 6. ~:~J,JLl ~~u~:$a:::l~~ aF . . ... .' . A. B. C. Chamber of Commerce Woodburn Community Center Advisory Committee (minutes attached) Other Committees 7. _rt_ 8. - (This allows pUblic to introduce items for Council consideration not already scheduled on the agenda.) .IIIIIMstlll 9. Appeal of Interpretation/Potential Enforcement of Access Conditions of Site Plan Approval 92-12 (Holiday Inn Express) A. Page 1 .;. Council Agenda, October 14, 1996. T till .sA "'" *.wlHl......W,-MitdliJdi!l! 10._ 11. 12. 13. 14. 15. 16. '~ ~1 ~. ^! ~ J~. ". "~.~,, . >>1 " A. B. C. D. E. Council Bill No. 1751 - Ordinance amending Ordinance 1638 to modify the definition of an animal running at large. (3rd reading) Council Bill No. 1753 - Resolution authorizing interdepartmental borrowing of funds. Council Bill No. 1754 - Resolution establishing an application fee for an expedited land division. Bid award: for consultant services for data processing strategic plan. Liquor license change of ownership: Playa de Oro. . .," :w .~ ~~;~@&.;.... ~.i;$l 'iZ~, ;'16.'" . . .' .. . A. Claim Nos. 33723 - 34048 for the month of September 1996. ~ ~ " ~..~ AIL,l Ab .... .. .v ....... d~} ";J ':;,!d ~ ~ ~~H:1 J&..:,..k ..:,.t%~ ~n ~ Q'jii\i ill; 1 ~ ;..')li~i~ . . . . 17. 18. 19. A. B. C. D. E. F. Human Rights Committee. League of Oregon Cities annual conference registration information. Mayor's statement on state prison construction. Building Activity. Program status report: Mill Creek pump station electrical. Leaf pick-up and disposal program. ~t&&,..:.1~...i},i ~h.:-]"i~h" i-~ ";ili:~Jii ;,i~ a .' .. ... . ,'<,..,{ > ""f. . '1';; v~ "J' "':::~o~, 0 .' .;. ~y !":?/~ fi~.' >. .L~m. ~"... ~. ~ ~L~ .~.!.j" '* ~.~ ~.~ ...: ;,,' ~;".}.~~ Hi~Ld~~j Page 2 - Council Agenda, October 14, 1996. T 11A .1.1B. ~ 1.1.Q 1.1E .12A 1M 166. ~ 1m j,g ~ " 4A COUNCIL MEETING MINUTES September 23, 1996 TAPE READING 00Ql DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPfEMBER 23~ 1996. ~ CONVENED. The Council met in regular session at 7:05 p.m. with Mayor Kirksey presiding . QQN ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present Present Present Absent Present Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Police Lt. Eubank, Community Development Director Goeckritz,FiNlf1Cl'! Director Gillespie, Park & Recreation Director Holly, Public Works Manager Rohman, Water Supt. Schooler, Library Director Sprauer 0022 MINUTES. FIGLEY/PUGH... Council regular and executive session minutes of September 9, 1996 and the Council workshop minutes of September 10, 1996 be approved. The motion passed unanimously. ~ ANNOUNCEMENTS. A) A Council workshop will be held concerning subsidized housing issues on Monday, September 30, 1996, 7:00 p.m., in the City Hall Council Chambers. ~ \ ~ B) A public hearing before the Council will be held on October 14, 1996, 7:00 p.m., City Hall Council Chambers, regarding Mar-Dene Corp. Access Conditions. C) A public hearing before the Council will be held on October IS, 1996, 7:00 p.m., City Hall Council Chambers, regarding Esperanza Court. 0040 PROCLAMATION - CRIME PREVENTION MONTH. Mayor Kirksey proclaimed the month of October 1996 as Crime Prevention Month within the City and urged citizens, government agencies, private institutions, and businesses to increase their participation in our community's crime prevention efforts. Page 1 - Council Meeting Minutes, September 23, 1996 .,. TAPE JffiADING QQ2Q 2m ~ ~ '< , 4A COUNCIL MEETING MINUTES September 23, 1996 CHAMBER OF COMMERCE REPORT. Patrick Vance, Chamber representative, stated that the new Chamber City map will be available around the first part of October. Engineering staff member Julie Moore received a special thanks from the Chamber for her assistance on this project. Tulip bulb planting week, a sequel to the Tulip Festival, will be held October 7-12 which is a good time to plant these spring bulbs. The nursery will be selling the bulbs at a discount and more information on activities planned for this week will be available at a later date. The Greeter's Program will be held on Wednesday, October 2nd, at the office of Hallmark Properties. He also distributed information on a Drug-Free Workplace training program scheduled for October 25th which is targeted for Woodburn area employers who would like to know more about the ramifications of the Drug-Free workplace. In regards to the hotel/motel tax, he requested that a workshop be held prior to the October 28th workshop with the Budget Committee to discuss the tax and funding proposals which have come forward from the Chamber and staff. ~~n..L 1: - ORDINANCE ANNEXING PROPERTY INTO THE CITY zo D> WES'( OF BOONES FEU-Y lID.. ~ ~MRW>lNq CITY NlNG MAP FROM COUNTY UTF TO CITY RS. Councilor Hagenauer introduced Council Bill 1749. Finance Director Gillespie read the two readings of the bill since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1749 duly passed with the emergency clause. ~~~n.l. 1: =INANCE ANNEXING PROPERTY INTO THE CITY :m.tCiiY ~ OF N. ROONES FE1.UlY lID.. AND ~MENDING NlNG MAP FROM COUNTY UTF TO CITY RS. Council Bill17SO was introduced by Councilor Hagenauer. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for fmal passage, the bill passed lmanimously. Mayor Kirksey declared Council Bill 1750 duly passed with the emergency clause. 0259 COUNCIL BILL 1751 - ORDINANCE AMENDING ORDINANCE 1638 TO MODIFY THE DEFINITION OF AN ANIMAL RUNNING AT LARGE. Council Bill 1751 was introduced by Councilor Hagenauer. Finance Director Gillespie read the two readings of the bill by title only. Lt. Eubank briefly reviewed the difference between the existing and proposed language in response to questions asked by Councilor Pugh. Mayor Kirksey commended staff on their rapid response on this issue and stated that this amendment would require dogs to be on a leash when not on the dog owner's property. Page 2 - Council Meeting Minutes, September 23, 1996 ,. 4A COUNCn. MEETING MINUfES September 23, 1996 TAPE READING It was also noted that the Senior Estates Homeowners Association rules requires all dogs to be on a leash. . On roll call vote for final passage, the vote was 4-1 with Councilor Pugh voting nay. Since the bill did not receive ..,nanimous approval on the first date it was introduced, the bill will be brought ~k for another re~ding and vote at the next regular meeting. Q!l2 COUNCn. Bn~l. 1752 - RESOLUfION ENTERING INTO A COOPERATIVE AGllRRMRNT WITH TIIR STATE FOR PRRI.IMINARY ENGINEERING AND CONSTRUCTION FINANCING FOR INSTALLATION OF A TRAFFIC SIGNAL AT THE NORTHBOUND RAMP-OF 1-5. Council Bill 1752 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for tinal passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1752 duly passed. 0455 REQUEST FROM P.C.U.N. FOR USE OF SOUND AMPLIFICATION EOUIPMENT. Pineros y Campesinos Unidos del Noroeste (PCUN) has requested permission to use sound amplification equipment on Sunday, October 6~ to provide participants in the First Annual Cipriano Ferrel Day Celebration an opportunity to listen to the program being presented by their org,mi7-3t10n at their offices located at 300 Young Street. Staff recommended that permission be granted to utilize the sound equipment from 2:30 pm to 6:30 pm on October 6th. FIGLEY ISIFUENTEZ.... authorize the use of sound amplification equipment by PCUN on Sunday, October 6th, from. 2:30 pm to 6:30 pm. The motion passed unanimously. 0470 ACCEFfANCE OF PUBLIC UTILITY EASEMENT ADJACENT TO PARR RD. Staff recommended the acceptance of a public utility easement from Hazel M. Smith wbich lies adjacent to Parr Road across from the Woodburn MiddlelElementary School project. FIGLEY ISIFUENTEZ.... the attached public utility easement executed by Hazel M. Smith be accepted as presented. The motion passed \Jnanimously. " , 0474 ACCEPTANCE OF PUBLIC RIGHT-OF-WAY ON PARR ROAD. Staff recommended that a warranty deed for an additional 10 foot strip of property which is being conveyed as part of the condition of approval of the Parr Acres Mobile Home Park development, be accepted from DeTom General Partnersbip (Michael DeSantis). FIGLEY ISIFUENTEZ... warranty deed for public right-of-way executed by DeTom General Partnership be accepted. The motion passed unanimously. Page 3 - Council Meeting Minutes, September 23, 1996 T ,. 4A COUNCIL MEETING MINUTES September 23, 1996 TAPE JlliADING ~ CONTRACT AWARD - ET.F.cTRICAL MODIFICATION AT WASTEWATER TREATMENT PLANT. Only one vendor, LinDco Electric, bid on the project which involves the installation of an electrical panel and components in an existing pole building, and the installation of three electrical panels, and components for three pump stations. The bid was for $11,285.00 which is less than the engineer's estimate of $12,500. Staff recommended that the bid from Unnco Electric be accepted. FIGLEY ISIFUENTEZ.... award the electrical modification contract to Linnea Electric in the amount of $11,285.00. The motion passed UDanimously. Q1ll STAFF REPORTS. (A) CITY FINANCIAL SUPPORT OF WOODBURN AREA CHAMBER OF COMMERCE - A memo from Adminigttator Childs suggested that the Council consider a change in the funding method from hotel/motel tax to a percentage of business registration fees. Mayor Kirksey suggested that a committee of Councilors, City Administrator, Mayor, and Chamber representatives meet to comeback with a recommendation to the Budget Committee and Council. PUGHlFIGLEY.... formation of a committee as suggested by Mayor Kirksey to meet with the Chamber be approved. The motion passed unanimously. Mayor Kirksey appointed Councilors Chadwick, Jennings, and Hagenauer to the Committee. 0542 (B) BALLOT MEASURE NO. 47 - In a memo from Administrator Childs, recent information from various sources indicate that the City could lose between $413,351 and $699,420 in property tax revenues if this ballot measure is approved by the voters of the State. Councilor Pugh expressed his.deep concern on the potential impact of City services if property taxes are cutback to the levels outlined in the measure. Mayor Kirksey reiterated her concerns on this ballot measure which would not only' severely impact the City but all other cities, counties, and special districts in the State. 0605 (C) BALLOT MEASURE NO. 43 - COILECTIVE BARGAININGIPUBUC SAFETY - Administrator Childs included a Fact Sheet from the Local Government Personnel Institute outlining various provisions of the measure which would change specific collective 'bargaining laws for public safety employees and take away many of the changes made by Senate Bill 750 during the last legislative session which made the collective bargaining process more of a "level playing field" for both public employees and employers. , " (D) MARION COUNTY COMMUNITY CORRECTIONAL FORUM REPORT -- Administrator Childs reminded the Council that a full report is available in his office for their review. Page 4 - Council Meeting Minutes, September 23, 1996 T 4A COUNCIL MEETING MINUTES September 23, 1996 TAPE READING (E) LIBRARY PARK IMPROVEMENTS - Memos from Director Sprauer and Park Superintendent Pitt outlined the improvements to be made in Library Park along with the need to remove and/or trim certain trees within the park &rea. New trees would be planted to replace those that are removed. Q6il (F) WATER WBIL BEAD PROTECTION AND PRIVATE WBIL ABANDONMENT PROGRAM - Public Works Manager Rohman stated that the purpose of this program is to protect the groundwater resources from contamination. Sources of potential contamination include the ground surface, below the ground surface but above the water table, and below the water table. The staff is working toward the development of a formal well-head protection program that would meet federal and state requirements. Assistant City Engineex Morrison explained how private wells can contaminate the City's water supply. Property owners within the City arc encouraged to notify the City if they have a private well so that the information can be placed on a list, and if necessary, be abandoned in accordance with the rules established by the State Water Resource Division. The staff is proposing that the City provide a variable percent reimbursement to Jisted property owners who eJect to abandon their we1l(s). Public Works DiIector TIwari stated that developers would be required to abandon the private well as part of a development proposal. The staff does not know if all privately owned wells are accounted for at this time and the City needs property owner assistance to update the list. He suggested that the Council may want to make a policy decision that would encourage residents to report their privately owned wells but not make them f~ as if there is a problem in using the wells at this time. If a well would need to be abandoned, the City would come forward to help pay for costs associated with the abandonment. He informed the Council that he would be bringing an ordinance or resolution to the Council in the near future for their consideration. 1J!1 CITY ADMINISTRATOR'S 'REPORT. City Administrator Cbilds noted that there bad previously been some discussion regarding the possibility of a Council workshop with the Budget Committee on October 28th. However, that date is a regularly scheduled Council meeting and would not be appropriate for a workshop. He will discuss this matter with the Mayor to determine when and if a workshop with the Budget Committee or other City boards should be held. " ~ .l.321 EXECUTIVE SFSSION. PUGH/FIGLEY... adjourn to executive session to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed under the authority of ORS 192.660(1)(h). The motion passed unanimously. The Council adjourned to executive session at approximately 7:45 p.m. and reconvened at 8:16 p.m.. Page 5 - Council Meeting Minutes, September 23, 1996 T 4A COUNCIL MEETING MINUI'ES September 23, 1996 TAPE READING (E) LIBRARY PARK IMPROVEMENTS -- Memos from Director Sprauer and Park Superintendent Pitt outlined the improvements to be made in Library Park along with the need to remove and/or trim certain trees within the park area. New trees would be planted to replace those that are removed. ~ (F) WATER WEll. HEAD PROTECTION AND PRIVATE WELL ABANDONMENT PROGRAM - Public Works Manager Rohman stated that the purpose of this program is to protect the groundwater resources from contamination. Sources of potential contamination include the ground surface, below the ground surface but above the water table, and below the water table. The staff is working toward the development of a formal well-head protection program that would meet federal and state requirements. Assistant City Engineer Morrison explained how private wells can coptamirulte the City's water supply. Property owners within the City are encouraged to notify the City if they have a private well so that the information can be placed on a list, and if necessary, be abandoned in accordance with the roles established by the State Water Resource Division. The staff is proposing that the City provide a variable percent reimbursement to listed property owners who elect to abandon their well(s). Public Works Director Tiwari stated that developers would be required to abandon the private well as part of a development proposal. The staff does not know if all privately owned wells are accounted for at this time and the City needs property owner assistance to update the list. He suggested that the Council may want to make a policy decision that would encourage residents to report their privately owned wells but not make them feel as if there is a problem in using the wells at this time. If a well would need to be abandoned, the City would come forward to help pay for costs associated with the abandonment. He informed the Council that he would be bringing an ordinance or resolution to the Council in the neat future for their consideration. 1341 CITY ADMINISTRATOR'S REPORT. In regards to the potential special workshop with the Budget Committee on October 28th, the workshop is in limbo since October 28th is a regularly scheduled Council meeting date. The formal budget process begins in March which gives the Council and Budget Committee some additional time to meet before staff submits their budget proposals to him for review. , ~ 1392 EXECUTIVE SESSION. PUGH/FIGLEY. .. adjourn to executive session to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed under the authority of ORS 192.660(1)(h). The motion passed unanimously. The Council adjourned to executive session at approximately 7:45 p.m. and reconvened at 8: 16 p.m.. Page 5 - Council Meeting Minutes, September 23, 1996 T 4A COUNCIL MEETING MINUTES September 23, 1996 TAPE READING 1408 Mayor Kirksey stated that there was no action to be taken by the Council as a result of the executive session. 1450 ADJOURNMENf. PUGHlFIGLEY.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:17 p.m.. APPROVED NANCY A. KIRKSEY. MAYOR ATTEST Mary Tennant. Recorder City of Woodburn, Oregon \ , Page 6 - Council Meeting Minutes, September 23. 1996 T 4A Executive Session COUNCIL MEETING MINUfES September 23, 1996 DATE. CONFERENCE ROOM, CITY BALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 23, 1996. CONVENED. The Council met in executive session at 7:50 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Cbadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present Present Present Absent Present Present Mayor Kirksey reminded the Councilors, staff, and press that information discussed in executive session is not to be discussed with the public. Staff Present: City Adminigtrator Childs, City Attorney Shields, Press: Patrick Johnson, Woodburn Independent; Megban Stone, Northland Cable TV The executive session was called under the authority of ORS 192.66O(1)(h) to consult with legal counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. ADJOURNMENT. The executive session adjourned at 8: 15 p.m.. APPROVED NANCYA.~EY,MAYOR .\ " ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, September 23, 1996 r ~ 48 COUNCIL WORKSHOP MEETING MINUTES September 30, 1996 TAPE READING 000l DATE. COUNCIL CHAMBERS, CITY HAIL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPrEMBER 30~ 1996. wm CONVENED. The Council met in a workshop session at 7:00 p.m. with Mayor Kirksey presiding on the topic of Tax Exet1lptlPilot Housing issues. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present Present Present ~t ~t Present Staff Present: City Administrator Childs, Community Development Director Goeckritz, Finance Director Gillespie, City Recorder Tennant Planning Commission members present: Laten Frawley, Mary Schultz, T ..ilHan Warzynski, E. Walter Lawson Marion County: Commistioner Gary Heec, Wayne Day (Assessor's office), Debbie Pwley (Marion County Housing Authority), Craig ~ (County Housing Authority and County Community Development Director), Dennis Kilfofil (MCHA Finance Manager), Ray Teasley (Council of Governments) ~ Mayor Kirksey provided the participants and members of the audience a general overview on the workshop discussion topic regarding tax exempt property within the City along with pilot housing projects currently operated by the County Housing Authority. 0090 Director Goeckritz stated that concern has been expressed by members of the community regarding the number 'of single and multi-family housing units in Woodburn in comparison to other communities within Marion County. Additionally, these housing units are property tax exempt under statelfederallaw, which in turn, places the burden of paying for government and school services on other property taxpayers. Under a federal law , payments are made in-lieu-of taxes (also known as PILOT) on federally owned taxed exempt property for services provided by local governments. These payments amount to 10% of the rent collected less utility payments. Another issue of concern within the community is Woodburn's fair share of the housing stock owned by '\ ~ Page 1 - Council Workshop Meeting Minutes, September 30, 1996 T 48 COUNCIL WORKSHOP MEETING MINUTES September 30, 1996 TAPE READING 0575 the County Housing Authority as it compares to othec communities in Marion County along with the City of Salem. He briefly review~ a report compiled by the 3- Valleys Project dated August 1996 which discussed affordable housing for individuals living in Marion County. Director Goeckritz also reviewed a table of County Housing Authority housing stock located in various communities in Marion County which showed that Woodburn had 19 out of 40 single family homes and 44 out of 95 multi-family dwellings. 0300 Finance Director Gillespie discussed the tax issue and provided a brief expJantltion on the differences between privatdy owned subsidized housing (which pays full cost of property taxes) and publicly owned housing. It was noted that Pll...OT payments are only made on fedezally owned units whereas residential property owned by a non-profit charitable corporation is tax-exempt and no provisions have been made that would provide for payments in-lieu-of taxes for services. It was also noted that the City does receive all of the PILOT payments for those rental units in Woodburn. Last year, the City received approximately $11,000 in PILOT payments. Mayor Kirksey read a lettec into the record which was signed by four (4) former Mayors objecting to the placement of additional farmworm housing within the City since the City already carries a more than their fair share of farmworker housing. Craig Luedeman, County Housing Authority Director and Marion County Community Development Director, reviewed the number of farmworker housing units not only in Woodburn but throughout Marion County that is owned and operated by the County Housing Authority. He stated that the Housing Authority is in the process of selling some of their homes that they are Ullable to support and these homes will be placed back onto the tax roles. He also informed the group that Salem has their own Housing Authority which is why Marion County Housing Authority only has 9 units listed on the table of housing stock. The County Housing Authority does own one lot in Woodburn which they want to develop, however, this lot does not have to be migrant housing and it can be developed and sold to a low income first time buyer. " ~ Councilor Jennings questioned Mr. Luedeman on future Housing Authority's plans to develop more farmworker housing in Woodburn. Mr. Luedeman stated that the Housing Authority has no plans at this time to place more housing stock in Woodburn. They are looking toward the potential development of housing stock in the Jefferson area in order to address some of the housing needs of that area. He also discussed funding issues and restrictions imposed by federal government agencies which has made it difficult in more recent years to build additional housing units. 1127 Brief discussion was also held on Section 8 housing within the City. It was noted that Page 2 - Council Workshop Meeting Minutes, September 30, 1996 .. 48 COUNCn, WORKSHOP MEETING MINUTES September 30, 1996 TAPE READING property owners who receive these subsidized housing payments do pay full value of property taxes. Discussion was also held on temporary housing units built by local farmers. County land use laws do allOw for temporary housing but long tecm housing must be in an urban area where water and sewer are available. It was also noted that temporary housing is allowed as an outright use if the housing is limited to Jesstban 100, otherwise, a conditional use permit is required. There are approxil1late1y 5 farms in Marion County that provide for temporary housing of migrant laborers. There is a financial aid program available to farmers who do elect to provide temporary housing. Ray Teasley, Council of Governments, stated that IegUJat.ory agencies make it very difficult for farmers to place temporary housing on their property. In regards to tax payments made by farmers, a farm use assessment does provide farmers with a deferral of taxes. 1550 1672 1847 \ ~ Tom Waggonnec, 849 Woodlsnut, expressed his concern reganfing the cost to the City not only for public services but education. In his opinion, resideDtial property should not be tax-exempt since it does represent a burden for all of the other taxpayers in the taxing district. Preston Tack, 2197 Camellia Way, stated that farmers used to be organized into local granges and, if this is still. the case, he suggested that the problem of providing temporary housing be turned over to the Grange with the support of local government. Dennis Kilfofil, County Housing Authority Finance Manager, reviewed statistical information reganfing changes in pOpulation, housing assistance, and Section 8 program. He stated that the Housing Authority owns 150 housing units in Marion County of which Woodburn has 63 units. He also reviewed. the Pn..oT program which was passed by Congress many years ago and sets a limit on how much the Housing Authority can pay in-lieu-of taxes to a local government. Laten Frawley, Planning Commission member, expressed his conc::em over the number of total housing units in Woodburn that do not pay taxes. Sy Meigs, 1710 Woodland Avenue, stated that farm areas around the City should help pay for the services being provided since they use the workers that live in the City. It was the consensus of several members in attendance that this is an issue that needs to addressed at higher levels - either state or federal. 2818 Councilor Jennings expressed his appreciation to the County officials who participated at this meeting and for sharing their future plans with the City which includes not placing more housing units in the City. Page 3 - Council Workshop Meeting Minutes, September 30, 1996 ". 48 COUNCIL WORKSHOP MEETING MINUTFS September 30, 1996 TAPE READING 2853 ADJOTTRNMENT. The workshop concluded at 8:23 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATIEST Mary Tennant, Recorder City of Woodburn, Oregon " ~ Page 4 - Council Workshop Meeting Minutes, September 30, 1996 1'" 4C " MINUTES WOODBURN PLANNING COMMISSION SEPTEMBER 26, 1996 1) ROLL CALL: Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mrs. Bjelland Mr. Atkinson Mrs. Warzynski Mrs. Henkes Mrs. Schultz Mr. Will Mr. Lawson Mr. Frawley Mr. Palmer Present Absent Present Absent Absent Present Present Present Present Staff Present: Steve Goeckritz, Community Development Director Teresa Engeldinger, City Planner 2) MINUTES: Commissioner Frawley made the motion to approve the September 12, 1996 minutes as written. Commissioner Will seconded the motion. A vote was taken and the minutes were accepted 8S written. 3) BUSINESS FROM THE AUDIENCE: None 4) COMMUNICATIONS: \ ~ Staff reminded the Commission members about the workshop, to discuss the tax exempt issues identified in the staff report, on Monday, September 30, 1996. Commissioner Lawson asked if this agenda would be strictly followed or would there be variation from this agenda. Staff stated he hoped the agenda would follow what the Mayor has requested. PCM\PCM09-26.96 SG:bw 1 r 4C -' Commissioner Frawley stated he had given each member of the Commission a letter he received from Barbara Lucus regarding low income housing. Commissioner Palmer stated he has a prior commitment on Monday evening so he will not be able to attend the workshop. Staff stated members of City Council and Marion County Commissioners will also be attending this workshop. . 5) PUBLIC HEARING: - A. Zone Change 96-04, Site Plan Review 96-13, Variance 96-06 Tim Buffington for Ford Husfloen Staff read the statement necessary to open the public hearing. Staff read the Approval Criteria, the Raise it or Waive' it Rule and the Right to have the hearing Remain Open, the Right to a Continuance of the Hearing. Staff stated the applicant wished to change the zone from Commercial Office to Commercial General. The site plan review request for the existing building to be utilized as a garage. A variance request for a section in the Commercial zone that relates to openings and how they front onto residential properties. The property is located off of Hardcastle and Hwy 99E, behind Roth's Second Hand Store. The Comprehensive Plan does identify this property as commercial. There are a variety of commercial uses that could utilize the site in the way of zoning designations, Commercial Office, Commercial Retail and Commercial General are zone districts along the area of Hwy 99E. On the site itself years ago, the house was a denturist facility. It was bought by Ford Husfloen and used as his residents. He secured a building permit and built a garage for personal use. \ ~ The request is for the 1700 sq. ft. garage structure and lot to be rezoned to Commercial General from Commercial Office. Staff recommended denial of the three applications due to the fact that some types of uses allowed in the CG zone would not be compatible with the RS zone. Staff stated what ever decision the Commission made they would need to instruct staff to establish findings of fact for that decision. Commissioner Will asked about Exhibit 3 (building permit) where Mr. Husfloen built the garage, there Is a place for Planning and Engineering to sign and it is not filled in. Staff answered on small residential projects such as this it is not signed. If it PCM\PCM09-Z6.96 SG:bw 2 '1' 4C were a site plan review, etc., it would need signatures of the departments listed. Commissioner Will stated on May 9, 1996, Officer Culver contacted them. They stated they had been operating this business for the past three years. Staff stated Officer Culver saw the activity on the site and informed them this was not an allowable use on this property. They had been operating the business in violation of the zoning ordinance. Tim Buffington, representing Ford Husfloen. The property is located at 1650 Hardcastle. He gave some background on the partnership and how this business came to be. The auto detail shop has been in business since the spring of 1993. This year they learned they needed a business license. Subsequent to that Officer Culver came by and informed them they were operating a business illegally despite the business license due to the property being zoned Commercial Office instead of Commercial General. Mr. Husfloen wanted to be in compliance. He made his application for a zone change, a site plan and a variance. He stated they received a copy of the staff report on Wednesday, September 25, 1996. He found it interesting this was the only property around the area zoned Commercial Office. The previous owner of the property came before the Commission and requested that the property be changed to Commercial Office so he could have his denturist office there. No other request has been made for a zone change until now. This business has been going on for 3 to 4 years now and except for one complaint, which we found out about tonight for the first time, is without incident or complaints from the neighbors. We talked to our neighbors, they did not have any objections to the continuation of the business. Staff stated photographs will be labeled and put in the record as applicant Exhibit 1 and the letters will be labeled and put in the record as applicant Exhibit 2. \ ~ Mr. Buffington stated further investigation showed not only did the neighbors not oppose this business going on but the area is actually very conducive to an automobile repair shop being here. He stated that within the 250 foot notification area there are three other shops in operation. He stated that if the business is not allowed to operate the owners lively hood will be taken away. Until Officer Culver came on the scene, it was as if the business didn't exist except for the business license. He had further discussion regarding the wording of the zoning ordinance, Section 13.010 Win any case where strict application which will result in unpractical difficulties or unnecessary hardships..... He stated the applicant was simply asking for the status quo. PCM\PCM09-26.96 SG:bw 3 1" 4C .. They are willing to do what ever is necessary, they have taken steps to provide an oil recycling program, they have a backflow prevention device, additional landscaping has been undertaken. They are more than willing to do what ever is physically necessary to meet the city's concerns. Commissioner Warzynski asked what the distance was from the Husfloen property to the residential property to the ~est and to the north. Mr. Buffington answered to the west there was approximately 45 feet. To the north there is approximately the same distance. There is a cyclone fence along a the north property line. Commissioner Will has concerns regarding the Woodburn Business License application. He wanted to know if the business was registered with the state. He had called the registry and this business was not registered, and on the application where it asked about toxic materials or chemicals at the location it states none - (hyphen). The applicant's attorney stated the business had been operating without the knowledge of some of these necessities. They are in the process of learning some of the legal and business necessities. They have undertaken the project from the fire department to clean up the business. Commissioner Will commented the staff report from the fire department stated a fire wall was necessary . Mr. Buffington stated a partial fire wall was there and would need to be completed. There is a portable paint booth which can be brought in and set up as needed for large paint jobs. He usually does small peint jobs. But one of the three garage bays could be converted into a spray booth. Concerning the waste water issue. He was informed he should keep materials around (such as cat litter) to contain small accidental oU spills. If 8 full sand/oil separator system has to been installed it would expensive. The floor is a solid foundation. Commissioner Palmer stated the parking area was not paved. \ ~ Mr. Buffington stated until the flood last spring, the parking lot was completely paved. There has been gravel put in preparation of repaving the area. There is a storm drain located on the property and it does connect to the city storm sewer system. Commissioner Frawley asked if the applicant has operated automotive repair PCM\PCM09-26.96 SG:bw 4 T . 4C service before. Mr. Buffington answered the applicant has previous experience in different places he had worked. Commissioner Frawley stated with previous experience he should have known that a license ~s necessary and DEQ requirements had to be met. He was curious as to how the ground underneath looked. Mr. Buffington stated he believed there was no malice in this case. He stated the applicant is trying to comply as best he can, as these requirements are made known to him. Chairperson Bjelland stated she felt there was so much wrong with this project, there would be no way they could afford to correct all the problems. She stated this was not being done on an individual basis, it is being done for the good of the city. Originally it was built for storage and now it has transformed into a business. It is very close to residential and by changing the zoning could be a big problem. Mr. Buffington stated he felt if the Commission listed 403 things that need to be complied with to operate the business. He needs to be given the change to comply. Commissioner Frawley stated he was not comfortable with ok'ing this project, due to the many requirements that must be met. Commissioner Lawson asked staff how many of the factors can actually be considered in making a land use decision. Staff answered the conditions of approval would be associated with a land use decision. They must meet the requirements related to 8 land use issue. There are things they would be required to do to get approval. \ ~ Commissioner Lawson asked if there was some way the Commission could find a way for the applicant to continue to make a living from this business but also request them to comply with the requirements necessary but not allow them to sell the property as commercial property. Mr. Buffington thanked the Commission members for their concern. Chairperson Bjelland asked if there was anyone in the audience who wished to speak for this project. PCM\PCM09-26.96 SG:bw 5 ''JI'' 4C Mr. Husfloen, the applicant, stated the parking area was paved but the flood messed it up, it was scheduled to be repaved this year. He was in hopes he could connect to the line on Hardcastle for the storm drainage. He asked staff the cost. Staff answered he did not have the answer to that question. Mr. Husfloen stated they were cleaning up the area and doing the landscaping. William Castro, 1615 Hardcastle, co applicant, stated whatever needs to be changed he wanted the opportunity to meet the requirements. Chairperson Bjelland asked if there was anyone in the audience who wished to speak for this project. Staff stated there was one letter, dated 9/26/96, stating the owner opposes the zone change due to noise levels throughout the day and in the early evening does not afford us, the owner, the peace use of our residential property. Staff stated for the record, Mr. Martinenko serves as a consultant to the City. He Is under staff's supervision. Staff stated for the record, he did not in any way ask, force, etc. Mr. Martinenko to write this letter. He is directly in back of the facility. Mr. Buffington stated he has a list from the title company, with Mr. Martinenko's tax lot number as 1300, which puts him closer to Yoder's Iron Works shop than to the applicant's building. Staff stated the Commission needed to keep in mind the zoning. Those properties in close proximity which are commercial do have a direct access to Hwy 99E. This property's access point is on a residential street. He reminded the Commission of the three alternatives they had, i.e. approve all three proposals, deny all three proposals or modify one or more parts of the proposal. Chairperson Bjelland closed the public hearing. \ ~ Commissioner Lawson stated he would like to see the staff have instructions to comeback with the recommendations for approval of the zone change, denial the variance, with the conditions that would be necessary in order for them to stay there in such a way they cannot enlarge the business and cannot sell the property for on terms any commercial general business be located there. Commissioner Warzynski stated that since this property has all Commercial PCM\PCM09-26.96 SG:bw 6 i 4C General property sitting east of it, then she didn't see any big problem for changing the zone, but the noise element. She did agree about the variance. She asked staff how if the property is already zoned Commercial Office how can it also be a residence at the same time. Staff stated that residential uses are allowed in Commercial zones. Commissioner Palmer stated in his thoughts there are too many things wrong. He stated as submitted it should not be approved. If they resubmit it with correct wording with everything we discussed he stated he would be willing to take another look at it. Staff stated that effort would cost staff time and energy if they start the process all over. But if it is the Commission's wish, staff will go back and look at all the conditions that all the departments wanted put in place. All those conditions would have to be met. Commissioner Will asked staff with all the conditions from the fire department and wastewater departments would they have to stop their business until all of the conditions have been met. Staff stated they are operating at the present time and they shouldn't be. Commissioner Palmer made the motion to deny Zone Change 96-04, Variance 96-06 and Site Plan Review 96-13. Commissioner Will seconded the motion. A roll call vote was taken. Chairperson Bjelland Ves Commissioner Lawson No Commissioner Palmer Yes Commissioner Frawley Ves Commissioner Warzynski No Commissioner Will Ves The motion passed. Staff was instructed to bring back findings of facts for denial of the proposal. \ , 6) REPORTS: None 7) BUSINESS FROM THE COMMISSION: PCM\PCM09-26.96 SG:bw 7 '1" 4C Chairperson Bjelland asked about the overlay zone of some of the property around city hall. She stated that if the city is trying to plan for the future, someone needs to try to protect some of the land around city hall for future use. She asked staff for more information on this matter. Commissioner Will stated that the city needs to take a stand on funding future projects. There was further discussion among staff and Commission members regarding overlay zoning and.the condemnation process. Commissioner Will asked if it was possible to ride with the Code Enforcement Officer to point out various things in the city. Staff answered yes. 8) ADJOURNMENT: Commissioner Palmer made the motion to adjourn the Planning Commission meeting. Commissioner Will seconded the motion. The Planning Commission meeting adjourned. \ ~ PCM\PCM09-26.96 SG:bw 8 'r 5C MEMO TO: Mayor and City Council Planning Commission Recreation &. Parks Board Woodburn Ubrary Board City Budget Committee FROM: Chris - Childs, City Administrator ~ SUBJ.: Joint Goal...Review Wol'IsIIHm. DATE: October 7, 1996 Mayor Kirksey has requested that a joint workshop of the City Council and the above-referenced boards and commissions be scheduled for Monday. November 4. 1JH at CItY Hall (Council Chambers). The overall purpose of this joint workshop, as indicated by Mayor Kirksey, is to afford the opportunity for members of the City's standing boards to review with, and/or provide input to, the governing body concerning the current direction of the city, related policy choices and the Council's established goals and obJectives. Each of the standing boards and commissions represents a key element in assisting the Council in determining the course of the City over the next decade and beyond, and the long-term perspective of each board will be helpful to the Council in establishing appropriate short-term and intermediate-term operational goals. \ ~ The Council's current set of established goals, which was developed to reflect a two-year planning horizon, is soon due for re-evaluation. A formal Council goal- setting session will likely be scheduled in January or February of 1997 for that purpose. Information or ideas elicited at this workshop may be considered or incorporated into the Council's revised goals. Similarly, input received at this workshop may be helpful in the general formulation of the City's 1997-98 budget, a process that also begins early in 1997. It is anticipated that the November 4th workshop will feature an informal round- table discussion format, and copies of the current Council goals list will be provided. T ... r!~'A-,-&,L 68 Minutes of the Woodburn Community Center Advisory Committee September 4, 19967:00 PM City Hall Conference Room - Present: Members Kelly, Yuranek, Bjelland, Anderson, Mendenhall, Smith, Hagenauer, Lucas, Garren~ staff person Holly Meeting was called to order by chainnan Mendenhall. The minutes of the Aug 7, 1996 meeting were approved. The chair requested permission to review tor the committee the reasons tor the committee. For many years the City's ability to provide capital improvements was limited first because of the 1916 tax base which required a vote every year tor the City budget, and then because of limits forced by Measure 5. Approval in 1994 of an up-to-date tax base enabled the City for the first time in many years to begin long-range planning. In June 1995, a Task Force was created to look at building facilities needed as the City moves into the 21 st century. That Task Force in April 1996 came up with many recommendations, among them a transit mall, more room at City Hall, and a new community center near City Hall. In May 1996 Mayor Kirksey appointed an advisory committee to bring recommendations to the City Council on a community center: is a new center needed? where should it be built? when should it be built? how will it be funded? The committee would also make recommendations on the feasibility of including a performing arts center as an adjunct to the community center. A preliminary report to the Council is due January 1, 1997. Performing arts agenda item. Lucas reported that an article about the Canby Fine Arts Center, the proposed High School center, and group's tour of the Renton Center is in the works. The cost of the 20,000 sq ft fine arts center in Canby was $2.8 million (1996 dollars). \ ~ Lucas will be talking with a member of the Berry Players about needs oflocal theater groups and will talk with Jackie Opitz of the Estates Travel Bureau to find out what demand there is locally for tickets to performing arts events in Portland and Salem. She will also get in touch with local people who have tried in the past to get a movie house in Woodburn. Community Center AppraisaL Copies of "Does Woodburn Need a New Community Center?" were distributed to members. Discussion of tour to Puget Sound. Smith and Bjelland had taken notes and turned in reports. People who took the tour were impressed with the vision shown in the Kent facility which was built 20 years ago and is just now being repainted. Impressions about floors. A hardwood floor is necessary, carpet cannot be substituted. There were T 68 favorable comments about the velcro carpet which can be rolled up when it is not needed. Another feature which attracted the group's attention was track lighting and power hookups for trade shows. Storage right ne>.."! to activity areas is important, as are doors large enough to pennit loading and unloading of equipment and exhibits from trucks. There were favorable comments about the paved promenade areas connecting the buildings, and the outdoor gazebo. All three facilities visited by the group were near city hall buildings. Group \....as impressed by the indoor inti~nacy and gracious setting of the Renton perfonning arts center. The group recognized that rooms used for receptions, weddings, etc, had to be large enough, and have kitchen space and storage. There was surprise that the Kent facility is monetarily self-sufficient (except for park activities), because of rentals, vendi ng machines. Another go-see tour is planned to Seattle. Nearer home the group will visit a facility in Tualatin Valley Recreation District, as well as in Eugene. These facilities are more neighborhood related than the Puget Sound facilities visited. Report 011 schools. Mendenhall reported that he and Frank Lonergan had met with members of the school board to explain what our committee was doing. The Board has not gotten back to him yet about working with our committee. Loclltion of tire community center Lucas presented information about the present community center - its size, just over 8,000 square feet, its purchase in 1976 for $77,000, its appraised value in 1990 of $162,000. The committee ab'Teed that Woodburn needs a new community center, and that it should accommodate all the present activities plus others which cannot now be accommodated. The group agreed that 50,000 sq ft should be adequate. \ ~ Holly presented some location alternatives. . First, he talked about the area near City Hall, citing the benefits of being near City Hall, the Library, the Aquacenter, and the future transit center. He then talked about a large piece of property near Brock's on 99E. The restaurant could be remodeled and added to. There would be plenty of land for parking. His third alternative was vacant land behind Pizza Hut on Hwy 214. This land is in a highly desirable commercial area so it would probably be priced out of our market. Finally, he spoke about the possibility of siting the community center at Centennial Park, where the School District has about 48 acres, where there would be parking and a possible arrangement with the school district on ajoint facility. The b'TOUP kept coming back to the advantages offered by a downtown location as the best place to put the Community Center. Downtown is in the center of the city. Youngsters in the nearby neighborhoods can walk or ride their bikes to the Center. It would be on the bus line, in fact next door to the future transit center, so people from every area in town would have access even if they don't have a car, whereas a community center built on 99E, 214, or on Parr Road would require that people come by 'l" 68 bus or car. Parks department staff located in the community center would not only be close to the Aquatic Center but next door to City Hall as well. Parking is a problem, and has been for several years, but the City is planning to do an update of its comprehensive land use plan for the central business district, and that update will include information about traffic circulation and parking. And putting the community center adjacenno City Hall, near the Library and the Aquacenter, will help revitalize downtovv'Il Woodburn. The committee agreed that the old community center should not should not suffer the fate of the old City Hall and should not become an eyesore. Recommelldations. The Committee unanimously agreed that the following recommendation should be delivered to the Council at its September 9, 1996 meeting. We recommend that the City of Woodburn acquire two city blocks located as follows: from Oak to Cleveland Streets and from Front to Second Streets, for the purpose of building a community center. In addition to our recommendation for a Community Center site, we recommend that the City of Wood bum acquire property on the south side of Oak street, from Settlcmier Park access road to the Aquatic Center, for additional parking. ~ CZ-r..?aT42.. f I r2J1(~f /') '- /.. / ... ~--- //<"A~.:~C-d:'L/ .' ...-/ I ~ ' ..- c:2~-P--v-t' ~ /779? , ~ 'r 9A IN THE PLANNING COMMISSION OF WOODBURN, OREGON ACCESS CONDITION ON CASE NO. 92-12 ) ) ) ) FINAL ORDER SITE PLAN REVIEW WHEREAS, the" Commission conducted a public hearing in this matter on April 25, 1996 and June 27, 1996 and considered the written information and public testimony submitted, and WHEREAS, the Commission, after providing a full and fair opportunity for testimony, closed the public hearing and directed staff to prepare a final order for consideration and adoption, NOW, THEREFORE: IT IS HEREBY ORDERED BY THE COMMISSION: 1. That the Commission finds that it is vested with Jurisdiction to consider compliance with, and the enforcement\non-enforcement of the access condition before the Commission. The Issue involves a land use decision and is a discretionary determination under the Woodburn Zoning Ordinance, as opposed to a ministerial decision. The parties have been afforded, and have availed themselves of, the full quasi-judicial land use hearing process. 2. That the Commission finds, based upon the Findings and Conclusions "' ~ contained in Exhibit A, which is attached hereto and by this reference incorporated herein, that the access condition, originally imposed on Site Plan Review Case 92-12 has been substantially complied with. Said condition is as follows: Page 1 - FINAL ORDER '1" 9A Plaza. An alternative access would be accommodated off the Evergreen Road extension along the westerly portion of the Fairway Plaza property. See Attachment IV. c. The third action would require dedication and street improvement of Evergreen Road to a point that access to the Holiday Inn Express could be realized. d. Allow for the driveway access between J's and Wendy's restaurants be an entrance only. Vehicles accessing Highway 214 from the Holiday Inn would use the Evergreen Road extension north of Highway 214. e. Curb cuts for J's & Wendy's restaurants should be placed on the northerly portion of those properties. 3. That the Commission , based upon the Findings and Conclusions contained in Exhibit A, which is attached hereto and by this reference incorporated '\ herein, will take no further action to enforce the access condition, originally imposed on Site Plan Review Case 92-12 that is set forth in paragraph 2 above. Approved as to formtJ1~ ~ 1- I (-16 City Attorney Date Page 3 - FINAL ORDER '1" 9A \ ~ '1" APPROVED:~ Jtil:) (~Wt1\ i air , Passed by the Woodburn Planning Commission \ \ ~vL''llq96 \ ~ Page 4 - FINAL ORDER r 9A S~G 9A EXHIBIT" A" Page 1 of 6 FINDINGS ACCESS CONDITION ON SITE PLAN APPROVAL 92-12 HOLIDAY INN I. NATURE OF PROCEEDINGS In a 1992, the Commission approved Site Plan 92-12 for the Holiday Inn Express site. Various development conditions were attached to this approval, including a condition requiring that an access agreement be reached by the affected property owners. After It became apparent that this access agreement could not be reached, Planning staff brought the issue to the Commission by a memo dated August 5, 1993. The issue was discussed briefly by the Commission with staff at the August 12, 1993 meeting and a consensus was reached not to enforce this condition. However, no formal notice was given by staff of the Commission's discussion of this condition. On July 6, 1995, Mar-Dene Corporation (the owners and operators of Wendy's) appealed the August 12, 1993 Commission action to the Land Use Board of Appeals (LUBA). On August 17, 1995, the Commission voted to withdraw for reconsideration its August 12, 1993 action and on August 31, 1995, LUBA remanded the decision on the condition back to the Commission. The Commission first set the public hearing on the access condition for October 26, 1995 and then continued it until January 11, 1996, then February 22, 1996, then March 28, 1996, in hopes that the private parties could voluntarily settle this dispute. When a voluntary settlement did not materialize, the land use Issue remained pending before the Commission. On March 28, 1996, the Commission formally requested a legal opinion, which was memorialized in Memorandum Opinion No. 96-01 and was introduced as part of the record. " " ~ The Commission conducted a quasi-judicial land use hearing and heard public testimony on April 25, 1996. In response to a request from the representative of Mar-Dene Corporation (Wendy's), the public hearing was continued by the Commission until June 27, 1996, to afford the parties a full and fair opportunity to prepare and present additional public testimony. Page 1 - FINDINGS, SITE PLAN APPROVAL 92-12 'r 9A EXHIBIT II A II Page 2 of 6 On June 27, 1996, the Commission heard additional public testimony. Finally, on June 27, 1996, the Planning Commission closed the public hearing and directed staff to prepare and present this final order for consideration and adoption. II. FINDINGS OF FACT A. Facts 1 . The facts concerning this matter before the Commission are contained in the record of this proceeding, including the staff submissions, public testimony, and documentary evidence, all of which are by this reference incorporated herein. 2. The access condition originally imposed by the Commission in Site Plan Review Case 92-12 is as follows: 4. ACCESS: The affected property owners as described in Section E, Subsection 1 (a-8) of the staff report shall prepare an agreement that meets City and State Highway Division approval prior to the issuance of a building permit for the Holiday Inn Express. Section E, Subsection 1 (a-e) of the staff report (incorporated by reference into the access condition) provides as follows: 1. Since driveway access points to the State Highway disrupt the flow of through traffic eliminate to the greatest extent possible this number of access points to the Highway. To accomplish this and not jeopardize the affected business requires the following action. -, ~ a. Eliminate one of the two driveway access points on Highway 214 to the "'J"'s Restaurant that access closest to the Holiday Inn driveway. In turn the Holiday Inn will allow J's Restaurant access off of their driveway. See Attachment III. b. Eliminate on of the two access points on Highway 214 to Wendy's Restaurant that driveway access closest to the Fairway Plaza. An alternative access would be accommodated off the Page 2 - FINDINGS, SITE PLAN APPROVAL 92-12 T' 9A EXHIBIT II A II Page 3 of 6 Evergreen Road extension along the westerly portion of the Fairway Plaza property. See Attachment IV. c. The third action would require dedication and -street improvement of Evergreen Road to a point that access to the Holiday Inn Express could be realized. d. Allow for the driveway access between J's and Wendy's restaurants be an entrance only. Vehicles accessing Highway 214 from the Holiday Inn would use the Evergreen Road extension north of Highway 214. e. Curb cuts for J's & Wendy's restaurants should be placed on the northerly portion of those properties. 3. The Commission finds, based upon substantial evidence in the record that the access condition set forth in paragraph 2 above has been substantially complied with. The component parts of the condition can be addressed as follows: 4. ACCESS The affected property owners as described In Section E, Subsection 1 (a-eJ of the staff report shall prepare an agreement that meets City and State Highway Division approval prior to the Issuance of a building permit for the Holiday Inn Express. MAffected property owners. would include J's Restaurant, Wendy's (Mar-Dene) and the applicant, Holiday Inn Express. J's Restaurant reached a voluntary agreement with Holiday Inn Express to obtain northern access onto the Evergreen Road Extension. J's Restaurant also voluntarily closed a driveway access to Highway 214. '\ ~ Wendy's (Mar-Dene) has not reached a voluntary agreement with Holiday Inn Express. Also, Wendy's (Mar-Dene) has not voluntarily closed an access to Highway 214 but continues to have direct access. a. Eliminate one of the two driveway access points on Highway 214 to the M J.s Restaurant that access closest to the Holiday Inn driveway. In turn the Holiday Inn will allow MJ.S Restaurant access off of their driveway. See Attachment III. Page 3 - FINDINGS, SITE PLAN APPROVAL 92-12 '1" 9A EXHIBIT · A " Page 4 of 6 As just stated above, this part of the condition has been voluntarily accomplished by J's and Holiday Inn Express. b. Eliminate on of the two access points on Highway 214 to Wendy's Restaurant that driveway access closest to the Fairway Plaza. An alternative access would be accommodated off the Evergreen Road extension along the .westerly portion of the Fairway Plaza property. See Attachment IV. As just stated above, this part of the condition was not accomplished. Wendy's (Mar- Dene) and Holiday Inn Express have not reached a voluntary agreement. Also, Wendy's (Mar-Dene) has not voluntarily eliminated direct access to Highway 214. c. The third action would require dedication and street improvement of Evergreen Road to a point that access to the Holiday Inn Express could be realized. This part of the condition was accomplished by Holiday Inn Express. Evergreen Road was extended onto the private property of Holiday Inn Express in order to provide access to the development. d. Allow for the driveway access between · J.s and Wendy's restaurants be an entrance only. Vehicles accessing Highway 214 from the Holiday Inn would use the Evergreen Road extension north of Highway 214. This part of the condition was also achieved, but not by the City's legal authority. Direct access onto all state highways is -legally controlled by the state. The decision as. to whether to designate the driveway between J's and Wendy's as .entrance only. is entirely a state determination. When Holiday Inn Express was developed, the state designated this driveway .entrance only. and had the pavement narrowed. Traffic is now routed to the Evergreen Road traffic signal. .\ ~ e. Curb cuts for II J*& Wendy's restaurants should be placed on the northerly portion of those properties. When J's reached a voluntary agreement with Holiday Inn Express, a curb cut was made and a northern driveway was installed onto the Evergreen Road extension, which is privately owned by Holiday Inn Express. Page 4 - FINDINGS, SITE PLAN APPROVAL 92-12 r 9A EXHIBIT "A" Page 5 of 6 Wendy's (Mar-Dene) could not reach a voluntary agreement with Holiday Inn Express and no curb cut and northern driveway was installed onto the Evergreen Road extension for Wendy's(Mar-Dene). Wendy's (Mar-Dene) has refused to pay Holiday Inn Express for a pr~ rata share of the Evergreen Road extension improvement, but still wants to be given an installed driveway. III. CONCLUSIONS OF ,LAW A. The Commission concludes that the issues before it, consideration of compliance with, and the enforcement\non-enforcementofthe access condition on Site Plan Review Case 92-12, constitutes a land use decision under ORS 197.015 (10)(a). B. The Commission concludes that it has jurisdiction over the issues that have arisen over whether the access condition has been complied with and enforcement\non-enforcement of the access condition. The Commission was asked to make a similar determination by Planning Staff on August 12, 1993, but the Commission's decision was legally defective because no notice and public hearing was provided. C. The Commission concludes that its jurisdiction arises because the Commission is making a discretionary determination under the Woodburn Zoning Ordinance. Medford Assemblv of God v,. City of Medford. 297 Or 138, 681 P 2d 790 (1984) cert. denied, 474 US 1020 (1985). The parties have been accorded, and have availed themselves, of a public hearing and the entire quasi-judicial land use process. D. The Commission concludes, based upon the facts presented and evidence in the record, that the access condition on Site Plan Review 92-12 has been substantially complied with. E. The Commission concludes that no further action should be taken to enforce the access condition on Site Plan Review 92-12, based upon the evidence in the record and the legal reasoning contained in Memorandum Opinion 96-01 (Staff Exhibit VI) which is contained in the record and is, by this reference, incorporated herein. " ~ F. The Commission concludes that requiring Holiday Inn Express to provide a northern driveway for Wendy's (Mar-Dene) onto the Evergreen Road extension, without compensation, would constitute an unconstitutional taking of property. Page 5 - FINDINGS, SITE PLAN APPROVAL 92-12 T EXHIBIT "A" Page 6 of 6 G. The Commission concludes that requiring Holiday Inn Express to provide a northern driveway for Wendy's (Mar-Dene) onto the Evergreen Road extension, without compensation, would violate Nollan v. California Costal Commission. 483 US 825, 107 S Ct 3141 (1987) and- Dolan v.City of Tigard, 512 US _, 129 LEd 304 (1994). " ~ Page 6 - FINDINGS, SITE PLAN APPROVAL 92-12 '1" 9A City of Woodburn Police Department 11A MEMORANDUM 270 Montgomery Street ~n Eubank, Lieutenant Vcriminal Operations Date: September 17, 1996 Woodburn, Oregon 97071 (503) 982-2345 En. 351 To: Mayor & Council . s Childs, City Administrator right, Chief of Police RE: Ordinance No. 1638 - Control of Animals, Specifically Dogs Running At Large. Woodburn City Ordinance No. 1638 provides for The Control of Animals and Providing for Licensing of Animals. The Ordinance does not specifically have a section dedicated to DQ.gJ on a Leash. However, the following sections deal with the use of a leash and dogs running at large. Section 1. Dermitions (3) states "Running at large". An animal is "running at large" which is not on property with the permission of the owner or controlled by tbe use of a leash. Section 2. Dogs Not to Run at Large. No owner, keeper or custodian of any dog shall permit the dog to run loose or be at large within the city. To have a dog under control by voice is not in compliance with this ordinance. By changing Section 1. nermitions (3) "Running At Large" to An animal is "runnint: at large when the animal is not on the animal owners pro,perty or controlled by tbe use of a leasb. would in essence establish a "LEASH LAW" for the City of Woodburn. Other sections of the city ordinance deal with animal issues quite well. They provide for the \ protection of all citizens including the owners of animals. We have in the past and will continue to cite owners of dogs that run at large. Past history of the animal and owner are often taken into consideration. Our ultimate goal is for voluntary compliance of all citizens. This is not always the case and that is the reason for this ordinance and others to keep the peace and provide for a safe community to live in. C: C.A. File T 11A COUNCIL BILL NO. 1751 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 1638 (THE ANIMAL CONTROL ORDINANCE) TO MODIFY THE DEFINITION OF AN ANIMAL RUNNING AT LARGE, AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 1 (3), Ordinance No. 1638 is hereby amended to read as follows: Section 1. (3) Running at Large. An animal is -running at large- when the animal is not on the owner's property or controlled by the use of a leash. The term -running at large- does not include the use of a dog under the supervision of a person to control or protect livestock or in other related agricultural activities or the use of a dog by law enforcement personnel. Section 2. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and 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 for~ ~ 9 -/7 - 1 . City Attorney Date APPROVED: Nancy A. Kirksey, 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. Ordinance No. T 11 B MEMO Subject: Mayor 'and City Council through /). ,e ,City Administrator Ben Gillespie. Finance DirectOr Jj/n Resolution Authorizing Interfund Borrowing TO: From: Date: September 27, 1996 RECOMMENDAnON: It is recommended that the Council approve the accompanying Resolution authorizing interfund borrowing during Fiscal Vear 1996-97. BACKGROUND: This action Is a housekeeping Item designed to provide adequate liquidity In all funds. It allows the City flexibility by temporarily utilizing available monies in some funds to offset cash shortages In other funds. Property tax money. the principal source of revenue for the tax-supported funds. Is collected in November and May. These funds are often low on cash during October and May. just prior to distribution of property taxes. The Federal Programs Fund operates on a reimbursement basis and from time to time requires a loan until the next reimbursement Is received. Temporary interfund borrowing of this nature. a long-standing component of Oregon Budget Law. eliminates the need for borrowing from commercial lending institutions during the period prior to the receipt of tax revenues. , , RNANClAL IMPUCAnONS: Interest charged to the borrowing funds will equal interest earned in the lending funds. The net effect will be zero. 11 B COUNCIL BILL NO. ) 7F:J 3 RESOLUTION NO. A RESOLUTION ENTERING AUTHORIZING INTERDEPARTMENTAL BORROWING OF FUNDS DURING FISCAL YEAR 1996-97. WHEREAS, expenditures within the General Fund, Transit Fund, Library Fund, Park and Recreation Fund, and Federal Programs Fund may exceed revenues received at the time of expenditures, therefore, interdepartmental loans are necessary to comply with Local Budget Law. Oregon Revised Statutes 284.460 allows this type of loan, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. During the fiscal year 1996-97, funds not to exceed $850,000 may be loaned to the General, Transit, Library, Park and Recreation, and Federal Programs Funds from General Operating Reserve, Wastewater Equipment/Replacement Reserve, Water Equipment/Replacement Reserve, Parks Capital Improvement, Water Capital Improvement, Wastewater Capital Improvement, Street/Storm Drain Capital Improvement, Water, or Wastewater Funds. Section 2. That said loans be returned to the respective funds listed in Section 1 of this Resolution no later than June 30, 1997. Section 3. That the loans will earn interest from the date on which the loan is made at the rate being paid by the State of Oregon's Local Government Investment Fund. The borrowing fund will pay the interest expense on the date the loan is repaid. Section 4. That the funds returned shall be obtained from property tax revenues levied for fiscal year 1996-97 within the General, Transit, Library and Park and Recreation Funds; and from federal grant revenues within the Federal Programs Fund. \ Page 1 - COUNCIL BILL NO RESOLUTION NO. 118 Approved as to fo,;::17:,!'1- ~ City Attorney 10-(0-9& Date APPROVED: NANCY A. KIRKSEY, 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 2 - COUNCIL BILL NO RESOLUTION NO. 11C MEMO TO: MAYOR AND CITY COUNCIL THRU CITY ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DIRECTOR S LC:J SUBJECT: EXPEDITED LAND DIVISIONS DATE: OCTOBER 10, 1996 In 1995 the State Legislature passed House bill 3065 regarding legislation that affects the way cities and counties process subdivision and partitions. This resulted in amending Oregon State Statute 197 to include Section 197.360 through 197.380 which implements eXDedited land divisions. An expedited land division is 8 purely administrative process that is different from our existing subdivision and planned unit development process. Both of these processes, with their current fees, will remain in place. The statute (ORS 197.380) requires a city to establish an application fee, specificallv "at a level calculated to recover the estimated full cost of processing an application, including the cost of appeals to the referee." As to an established fee for those cities that have instituted a fee schedule, and not all have, the average appears to be 3,000 plus dollars. The City of Woodburn's processes and costs are very similar. For comparison purposes, some representative fees for expedited land divisions in other jurisdictions are as follows: Gresham $3,700 + $6.00 each lot over 5 $3,543 no fee yet established Partition: $1,280 + $10 ea. lot Subdivision: $2,625 + $10 ea. lot (above figures are $500 more than a nonexpedited process) no fee yet established \ , Salem Beaverton Wilsonville Tigard STAFF RECOMMENDATION: Approve the attached resolution establishing an application fee of $3,200.00 for an expedited land division. 11C COUNCIL BILL NO. 1'7 SJ-~ RESOLUTION NO. A RESOLUTION ESTABLISHING AN APPLICATION FEE FOR AN EXPEDITED LAND DIVISION. WHEREAS. ORS. 197.380 requires that cities establish an application fee for an expedited land division, and WHEREAS. this statute further requires that the fee be set at a level calculated to recover the estimated full costs of processing an application, including the cost of appeals to the referee under ORS 197.375, based upon the estimated cost of such applications; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 197.380, the application fee for an expedited land division is hereby e~b~ed at $3,200.00 per application. Approved as to for~:r 1* ~ /0- /0 - ey , City Attorney Date APPROVED: Nancy A. Kirksey, 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. 11 D Subject: Mayor and City Council through f).t ~ City Administrator Ben Gillespie, Finance Director Jj;r(1 Bid Award--Data Processing Strategic Plan TO: From: Date: September 30, 1996 Recommendation: Council, by motion, award the bid for the DP Strategic Plan to Moss Adams LLP, and authorize staff to negotiate a contract with that firm. Bacqround: In early August the City requested proposals for preparation of a Data Processing Strategic Plan. The Plan will guide the City during the next five years in areas of software, hardware, funding, staffing, and training. Six firms responded by the August 31 deadline. All six met the minimum qualifications. A committee composed of managerial and technical people short listed three firms. Those three consultants were interviewed by a smaller subcommittee. The subcommittee evaluated each firm on the basis of: Ability to complete the project Independence of vendors Demonstrated ability and experience in completing similar projects Proposal completeness Least total cost Quality of work Strength of the team assigned to the project Although the subcommittee was impressed with all three businesses, it was unanimous in its selection of Moss Adams for this project. Several references were contacted. All were very positive about Moss Adams in general and the project team assigned to Woodburn in particular. \ ~ Financial Implications: The contract will not exceed $12,000, which is within the amount budgeted for this project. llE City of Woodburn Police Department MEMORANDUM Woodburn, Oregon 97071 . (S03) 982-2345 Date: To: Mayor and Council Subject: Liquor license, Change of Ownership Applicants: Playa de Oro, SS3 N. Front 81., Woodburn llncoyan A. Cea & Alba Luz Cea 891 Gatch St., Woodburn Business: On July 12, 1996 the police department received a liquor application for Change of Ownership from the above mentioned applicants, CEA. 'The CEA's are purehamng the Playa de Oro restaurant from Salvador Rodriguez who held the Class A liquor restaurant 1icense. The CEA's were issued a temporary liquor license valid from July 22 thru October 20, 1996. The temporary liquor license also bad attached the twdve (12) restrictions. The license restrictions were attached to the license because the location has a history of drug dealing, fights, trespass and public intoxication. The license restrictions are necessary to prevent serious and persistent problems. In addition to the applications from the CEA' s a application was provided for a assistant manager, Dennis Bedoya. A comprehensive back ground investigation was completed by the police department. Applicant CBA has bad no pIevious liquor licenses in the state of Oregon. Neither applicant has a criminal history and have answered all questions on their applications. Application for the assistant manager, Bedoya, was reviewed and an investigation completed. It was found that Bedoya had not answered all questions. Bedoya failed to reveal a criminal arrest in 1991 and four (4) traffic violations with fines of over $50.00. \ ~ The eEA's assumed control of the restaurant on July 22, 1996. From this time to date it has been noted that CEA has n2l fully complied with the twelve license restrictions that they agreed upon. On August 20, 1996, the applicants were issued a warning for service without a permit and operating in a manner other than license permits. Since the warning, applicants have corrected the violations that were noted on August 20, 1996. Applicants provided a letter dated September 19, 1996, responding to the violations and restating the actions to be taken to overcome the violations and committing to adhere to all the rules. 11E There have been twelve (12) incidents at Playa de Oro this year. Six (6) of the incidents were Alarm notifications, all false; One (1) assault, One (1) misuse of 911 line, and Four (4) OLCC compliance violations all four were for serving alcohol after the restricted license hours. Because of the history of persistent problems at the location and in the area the license restrictions are comprehensive and require strict adherence by the owners. As the licensees have I1Q previous experience in the liquor industry and have m3.de efforts to comply, and the review and renewal period will occur in March 1997, and as the assistant manager application was improperly completed, the police department makes the following recommendations. Recommendation: It is the police department recommendation that the City Council approve applicants I.Jncoyan and Alba Cea's application for transfer of the liquor license with the twelve license restrictions attached. Further, the City Council deny the proposed assistant manager Bedoya application. cc applicants OLCC Salem attaclaments C:\wpSl~ .\ , ~ WUUUUUKft ~UL1~~ ut~AHI~NI I'I'lcid.nt A.Dort Distribution: Records OLCC 11 E 96-004405 Connect . c(~ (t,u~ LIQOUR LICENSE Reported Date/Tiae: 07/11/96 1110 hrs Occurred Date/Tiae: 07/11/96 1110 hrs to / / 0000 hrs Location: 553 N FRONT ST WOODBURN OR ============================================================================= SUttt1ARY On 071196 at 1110 hrs L. Cea and A. Cea requested a liquor license and a change of ownership for the business located at 553 North Front Street, Woodburn. The business naae is "Playa Del Oro". I conducted a background investigation. ==============~=======:====================================================== Involved person: CEA, LINCOYAN ANDRES AKA: "LINK" Hair: Black Eye: Brown 891 GATCH ST WOODBURN, OR 97071 Phone: (503)981-903~ Type: Hoae OLN: 9091904 (OR) SSN: 344-82-0945 E.ployer/School: PLAYA DEL ORO (503)982-9202 553 N FRONT S1 WOODBURN, OR 97071 DOB: 10/06/56 Age: 39 HH Hgt: 6'00M Wgt: 200 ============================================================================= Involved person: CEA, ALBA LUZ AKA: CHIRINOS. ALBA LUZ Hair: Brown Eye: Green 891 GATCH ST WOODBURN. OR 97071 Phone: (S03)981-903~ Type: Hoae OLN: 6109874 (OR) SSN: E.ployer/Schoo!: D'ABBY FOSTER HOHE 891 GATCH ST' WOODBURN, OR 97071 DOB: 11/14/55 Age: 40 Hf Hgt: 5'05" Wgt: 160 356-50-5459 ==================================z========================================== " ~ Reporting Officer: C.A. CUNNINGHAM .21286 Case status/Date: D 08/01/96 Approved: Fo!low-up Required: Assigned to patro! Follow-up Assigned To: Other: Page 1 ectives: By: C.H. Entry: ============================================================================= I~YolYed person: BEDOYA, DENNIS NMN 008: 04/11/74 Age: 22 HM Hgt: 5'09- Wgt: 200 Hair: Black Eye: Hazel 206 PALM AV WOODBURN, OR 97071 Phone: (503)981-4831 Type: HOMe SSN: 356-74-4481 PROPOSED MANAGER 11E ============================================================================= InvolYed person: SOTO, JUAN HM Hgt: 5'09- Wgt: 190- Hair: Black Eye: Brown E.ployer/School: PLAYA DEL ORO 553 N FRONT ST WOODBURN, OR 97071 BARTENDER AND UNIFORM SECURITY OFFICER ======-=================================================================:==== Business: PLAYA DEL ORO 553 N FRONT ST WOODBURN, OR 97071 Phone: (503)981-9202 Type: Business ============================================================================= Business: OREGON LIQOUR CONTROL COMH. 213 HADRONA ST SALEM. OR 97301 Phone: (503)378-4871 Type: Business JANICE FORBES ============================================================================= Business: SECRETARY OF STATE-OREGON AKA: CORPORATION COMMISSION 158 TWELVETH ST NE SALEM, OR 97301 Phone: (503)986-2200 Type: Business ============================================================================= Business: '\ BETTER BUSINESS BUREAU 333 SW FIFTH ST PORTLAND, OR 97204 Phone: (503)226-3981 Type: Business ============================================================================= Reporting Officer: C.A. CUNNINGHAM #21286 Page 2 70-VV44U~ ============================================================================= Business: CLACKAMAS COUNTY S.O. OREGON CITY, OR 11E ============================================================================= Business: MARION COUNTY DISTRICT COURT SALEM. OR 97301 =======================:===================================================== Business: WOODBURN MUNICIPAL COURT 270 MONTGOMERY ST WOODBURN, OR 97071 ==============================~============================================== Business: NORTH MARION JUSTICE COURT YOUNG ST WOODBURN, OR 97071 Phone: (503)981-8101 Type: Business ===================:========================================:================ Business: POLK COUNTY DISTRICT COURT DALLAS, OR Phone: (503)623-9266 Type: Business ============================================================================= Business: TIGARD MUNICIPAL COURT TIGARD, OR Phone: (503)639-4171 Type: Business ======================================================~:===================== Business: SALEM POLICE DEPARTMENT 555 LIBERTY ST NE SALEM, OR ============================================================================= ~ ~ Reporting Officer: C.A. CUNNINGHAM .21286 Page 3 BACKGROUND INVESTIGATION: CEA, LINCOYAN ANDRES 1. Criminal History: No criminal history was located for L. Cea. 2. Operator License Status: L. Cea has a valid Oregon Operator's license and shows no entries for violations or collisions. CEA, ALBA LUZ 1. Cri.inal History: No criminal history was located for A. Cea. 2. Operator License Status: A. Cea had a valid Oregon Operator's license and shows no entries for violations or collisions. BEDOYA, DENNIS 1. Criminal History: Bedoya was arrested by Marion County Sheriff's Office in 1991 for Theft II (M.C.S.O. case 91-14513). Bedoya was later arrested in 1994 by Salem Police Department for f.T.A. warrant issued out of Marion County District Court stemming from the theft charge in 1991. The Marion County District Attorney's Office later dismissed the theft charge from 1991. 2. Operator License Status: q ~ Bedoya has a valid Oregon Operator's license. Bedoya was convicted in 1992 for exceed maximuI speed in North Marion County Justice Court and fined @$100.00. In 1993 Bedoya was convicted for exceed maximum speed in Tigard Municipal Court and fined @$80.00. In 1994 Bedoya was convicted in Woodburn Municipal Court for violation of urban speed and fined @$134.00. In 1994 Bedoya was convicted for not wearing a safety belt in North Marion Justice Court and he was fined @$50.00. In 1995 Bedoya was convicted in Woodburn Municipal Court for not wearing a safety belt and fined @$S9.00. CORPORATION COMMISSION: Reporting Officer: C.A. CUNNINGHAM #21286 70-UU44U~ 11E Page 4 1. l. Cea and A. Cea have no listing with the corporation commission. 2. The only business listing for "Playa Del Oro" in Oregon registered are Edward and Joyce Vieria with a business address in Go~d Beach and the listing shows the business registration has not been updated since 1992. No other listings with the commission were located. BETTER BUSINESS BUREAU: 1. No listings or complaints against MPlaya Del OroM. 2. No listings or complaints against MD'Abbyy's Foster HOMeM. OREGON lIQOUR CONTROL COMMISSION: 1. No citations were issued to the previous owner of the business. A formal letter of warning was issued to L. Cea for not being on premises (See attached copy of letter). 2. No listings or violations were located for l. Cea. 3. No listings or violations were located for A. Cea. ~. No listings or violations were located for Bedoya. RECORDS SCAN FOR INVOLVED PERSON(S) AND BUSINESSES: 1. I did a records scan on the business, "Playa Del OroM, for the calendar year 1990 to date. I located a total of thirty eight (38) incidents the Woodburn Police Department responded to. Of the thirty eight (38) incidents, twelve (12) were liqour law violations, nine (9) were suspicious persons or activities, five (5) were controlled substances violations, four (4) fights, three (3) assaults, one (1) menacing with a weapon, two (2) ordinance violations and one (1) drinking in public. \ ~ 2. I did a records scan for l. Cea and A. Cea for the calendar year 1990 to date. I located one (1) incident, a disturbance, involving l. Cea at the business/residence address at 891 Gatch Street, Woodburn. A patient at the location advised he was afraid of l. Cea (See attached Woodburn Police case nUMber 95-6048). I located no incidents involving A. Cea. Reporting Officer: C.A. CUNNINGHAM #21286 IV vv~~v~ 11E Page 5 3. I did a records scan for Bedoya for the calendar year 1990 to date. I located a total of five incidents (1) arrest for theft, (1) a suspect in a disturbance involving a motor vehicle, (1) a complainant in an assist public, (1) a contacted person in a prohibited shooting and a complainant in a vandalism to a motor vehicle. RECORDS SCAN: 1. I did a records scan for the downtown area for the calendar year 1994 to date. I located a total of over one hundred thirty one (131) incidents involving disturbances. 2. I also located a total of fifty three (53) incidents involving illegal controlled substance activity in and around the proposed business. 3. I also located a total of forty (40) incidents involving public intoxication or public consumption of alcoholic beverages. Included in these incidents were eleven (11) minors in possession of alcoholic beverages. 4. I also located a total of forty five (45) incidents involving fights in the downtown area. ,v~vv~~~~ 11E SUMMARY: =====:======================================================================= On 071196, I completed a background investigation for a liqour license and a change of ownership for the business named .Playa Del Oro. located at 553 North Front Street. The location of the business is in the downtown area of Woodburn. '\ ~ I contacted the listed owners of the business, L. Cea and A. Cea. L. Cea advised that he was going to serve alcoholic beverages in the bar located at the rear of the business. L. Cea advised he was going to change the for_at of the restaurant, to a specialization for South American seafood dishes. L. Cea advised that he would serve alcoholic beverages to the patrons of restaurant also. L. Cea advised or A. Cea would be on premises at all times the business was in operation. l. Cea advised that their would be no other .anagers of the business. l. Cea advised that he was going to sell beer by bottle and have taps installed. l. Cea also stated he was going to serve mixed alcoholic beverages. l. Cea currently rents his other business located at 891 Gatch Street fro. the previous owner of NPlaya Del OroN, Salvador Rodriguez. l. Cea has agreed in writing to abide by the twelve (12) restrictions imposed by O.l.C.C. to operate the business and bar and sell alcoholic beverages. On July 21. 1996 I was advised by Investigator Forbes of O.L.C.C. that l. Cea had contacted O.L.C.C. and requested to add Reporting Officer: C.A. CUNNINGHAM .21286 Page 6 a manager for the business, to be in charge when L. Cea or A. Cea are not available. Forbes stated that L. Cea was advised that the new manager would have to be approved by O.L.C.C. and that he would need to submit a personal background form on the new manager. On July 29, 1996 I was again contacted by Forbes. she stated that L. Cea was having trouble with the financing on the business. Forbes stated that L. Cea was contemplating not going through with the sale. Forbes advised that if I contacted L. Cea and he advised me that he wanted to withdraw his liqour license application to request that L. Cea send a written request to withdraw to O.l.C.C. I contacted L. Cea and he stated he was going through with the purchase of the business. On August 3, 1996 Inspector Schnoebelen of O.L.C.C. entered the business at 2200 hrs. Inspector Schnoebelen ascertained that l. Cea was not complying with the license restrictions, by not having a incident log available for inspection. Inspector Schnoebelen then instructed l. eea on the restrictions listed to operate the business and sell alcoholic beverages (See Schnoebelen report dated August 5, 1996). On August 4. 1996 at 0034 hrs Officer Halupowski of the Woodburn Police Department conducted a bar check at the Playa Del Oro. Officer Halupowski noted that there was at that time eight (8) persons inside the business, three (3) of the persons had alcoholic beverages in front of them and the uniformed security officer was playing pool with a female patron. This incident was in violation of the O.L.C.C. restrictions that no alcoholic beverages be served or consumed after 0000 hrs (See Officer Halupowski's report number 96-5024 for details). On August 7, 1996 1400 hrs I conducted a bar check at the business, also present at that time was Investigator Forbes. I was advised by several of the e.ployee's that l. Cea had just left to run an errand in Sale.. I then checked the bar at the rear of the business and I contacted L. Cea. l. Cea stated he had to left to get a tire fixed on his vehicle, that's why the employee's stated he was not on the pre.ises. I checked the video surveillance system and noted that the VAS machine was not functioning. I advised L. Cea that he could not serve alcoholic beverages until the system was again functioning. l. Cea was also not able to provide for inspection an O.L.C.C. incident log or "86" log. "\ \ I advised l. tea of Officer Halupowski's observations on August 4. 1996 and the violations of the restrictions. I also advised L. Cea that the Office of the Secretary of State of Oregon Corporation Commission. only had a listing for the assumed business name "Playa Del Oro" to a business in Cannon Beach. Oregon and that it was inactive. I was advised by the Oregon Secretary of State's Office Corporation Commission that a business must register with the Corporation Commission if the business name is anything other than the name of the owner, and that failure to register was a violation of Oregon state law. I Reporting Officer: C.A. CUNNINGHAM #21286 70-UU~~V~ 11E Page 7 : advised L. Cea that the business was not registered with the Corporation Commission, and he must register of be in violation of Oregon State law. I observed Investigator Forbes instruct L. Cea on the requirements for an O.l.C.C. incident log and an M86" log, and provide l. Cea with another copy of the O.l.C.C. license restrictions. On August 20, 1996 at 1400 hrs I attempted to contact l. Cea in regards to his request for a new manager, Bedoya. Investigator Forbes fro. O.l.C.C. was present at the business. I contacted A. Cea, as L. Cea was in Salem atte.pting to refinance the loan on the business. I again checked the video surveillance system and it was not even activated. The defective VAS machine had been replaced. I observed Soto serving alcoholic beverages to several patrons in the.bar. Soto was not able to present his server's per.it or application for a service per.it. Soto stated he had been serving as a bartender for five (5) months and after 1800 hrs he was the uniform security officer. Soto was not able to provide an "86" list or O.L.C.C. incident log. Soto handed over a yellow pad with sales numbers on it, as the incident log. I advised A. tea of the violations of the license restrictions, and I observed A. Cea activate the video surveillance system and place a tape in the video recorder. A. Cea was not able to present an "86" log or Soto's server's permit or application. A. Cea located a pad of paper with the dates 081196 through 081996 as a O.L.C.C. incident log. I observed Forbes instruct A. Cea on the require.ents for the restrictions. I was contacted by L. Cea and I advised him of the violations I again had observed. L. Cea stated he was still attempting ~o elose on the property, but was refinancing. Forbes requested that L. tea provide his revised financ~al documents as soon as possible. On August 27, 1996 Investigator Forbes sent a letter to L.Cea and A. Cea requesting his financial documents and expressing concern for the violations of the restrictions noted on August 20, 1996 (See attached copy of Investigator Forbes letter). ~ \ ~ On August 20, 1996 I was contacted at the Woodburn Police Depart.ent by the proposed Manager for the business, Bedoya. I provided Bedoya with a copy of his personal history for. that I had received frOM O.L.C.C. that Bedoya had completed. Bedoya stated that he had personally cOMPleted the form. Bedoya stated that he had never been arrested. Bedoya was then asked about his arrest in 1991 by Harion County Sheriff's Office for theft II and that subsequent warrant issued by the Harion County Oistrict Court for his arrest for failure to appear. Bedoya stated he did not list the arrest in 1991 and warrant arrest as the Harion County District Attorney's Office had dismissed the charges. Bedoya stated the warrant was issued as he overslept on his court date and then immediately turned himself in at Salem Police Department. Bedoya could not explain why the warrant was issued in 1991 and he was arrested on the warrant in 1994. Bedoya also listed only one traffic conviction in Salem in 1996 as over ~$50.00 and a pending charge in Clackamas County. I located an additional (4) other traffic convictions that were over @$50.00. Reporting Officer: C.A. CUNNINGHAM #21286 ~u-vu~~u~ 11E Page 8 ~ On August 28, 1996 I received copies of the court records from the Marion County District Court on Bedoya (See attached copies of court records). The Marion County District Attorney's Office requested that the charge against Bedoya be dismissed in the interest of justice. I received copies of the Salem Police Department's arrest report on Bedoya for the Marion County District Court warrant in 1994. On September 6, 1996 at 1805 hrs Inspector Schnoebelen of O.L.C.C. issued a warning citation (number 8534) to L. and A. Cea for the violations observed on August 20. 1996. I received a copy of Inspector Schnoebelen's incident report (See attached copy). During the background investigation of L. Cea and A. Cea, and their business located at 735 Hermanson Street, Woodburn. I also conducted a background investigation of Bedoya, the proposed manager for the business "Playa Del OroNo I contacted the listed agencies in regards to L. Cea, A. Cea and Bedoya and the above information was obtained. I checked the attached financial documents submitted by L. Cea and A. Cea, and they appear to be in order. At this time, the business sale is not final. On September 17. 1996 I verified that L. Cea and A. Cea have obtained a City of Woodburn business license for the business .Playa Del Oro" (See attacbed license verification printout). I also contacted the Secretary of State Corporation regarding the business name "p,laya Del OroNo I was advised that the assumed business name .Playa Del Oro. was still registered out of a Cannon Beach, Oregon and that the file was inactive and L. Cea has still not registered the business assumed name. ,u-uu~~u~ 11E ============================================================================= -, , Reporting Officer: C.A. CUNNINGHAM #21286 Page 9 12A 10/02/96 AlP CHECK LISTING FOR THE HOH'1'll OF SEPl'EHBER 1996 Page 1 Cbeck JUIber Budgetary Account HuJber Vendor Bale Vendor BUJber ateclt - Date Written AIount of Check ------------ ------------------------- ------------------------------ ------------- -------------------- ---------------- 33723 POS'rAGE-VARIOUS, OIII'l'ED S'l'A'l'ES POS'l'AL SERV 020089 9/03/96 1,000.00 33724 SERVICES-WATER VALLEY MAILIlIG SERVICES 021044 9/05/96 595.68 33725 SERVICES-LIBRARY R-CO PAVIlIG 017090 9/05/96 9,164.00 33726 SERVICES-PARKS RIVA COHS'l'RUC'l'ION CO 013197 9/05/96 2,199.00 33727 VOID VOID V 0 I D 33728 V 0 I D V 0 I D V 0 I D 33729 VOID V 0 I D V 0 I D 33730 SERVlCES-PWIIIlIG LEHlfERTZ-COYLE & ASSOC DE 9/06/96 100.00 33731 SUPPLIES-Cm BALL AIR TOUCH PAGIIG 000115 9/06/96 78.52 33732 SERVlCES-iATER AlALY'l'ICAL RESOURCES IHC 000426 9/06/96 300.00 33733 SUPPLIES-LIBRARY BI -MAR'I' CORPORATIOIf 001275 9/06/96 124.80 33734 SUPPLIES-ltlATER BRAIfOM I1S'l'RtlME11'l CO 001410 9/06/96 435.38 33735 SUPPLIES-S'l'REE'r CARBY SARI) & GRAVEL CO 002060 9/06/96 7,242.90 33736 SUPPLIES-S'l'REE'l' CHEVROI U.S.A. 002430 9/06/96 401. 25 33737 SUPPLIES-LIBRARY cn CORPORATIOlf 002926 9/06/96 3,346.40 33738 SERVICES-wrP DEPl' OF EHVIR QUALITY 003205 9/06/96 500.00 33739 SERVICES-POLICE DAVID M DRYDER 003280 9/06/96 50.00 33740 SUPPLIES-ltllTER E.!. BACKHOE IlIC 004010 9/06/96 689.14 33741 SERVICES-LIBRARY GEIERAL SHEET METAL WORKS 006125 9/06/96 1,415.00 33742 SUPPLIES-VARIOUS IlDUSTRIAL WELDIlIG SUPPLY 008100 9/06/96 255.12 33743 TEMP EMPLOYEES-ERG JOB SHOPPERS IBC 009119 9/06/96 781.86 33744 SERVICES-<:ooIrl' MSI GROUP IIC 012015 9/06/96 125.00 33745 SERVICES-S'l'REE'r /POLICE MARION coum FISCAL SVCS 012140 9/06/96 5,788.80 33746 SUPPLIES-TRAlISjDAR METROFUELIlfG IIC 012448 9/06/96 227.14 33747 SERVICES-ltl'l'R/STREE'r IIORTIlWESt 1IA'l'ORlL GAS 013350 9/06/96 21. 27 33748 SERVICES-POLICE OACP 014008 9/06/96 20.00 33749 SUPPLIES-POLICE OREGON FIRE EQUIPMEHT CO 014304 9/06/96 1,564.89 33750 SERVICES-wwTP OR MAIITERlIICE CERTIFICATION 014342 9/06/96 20.00 33751 SERVICES-BUlLDIlIG OR MECIW1ICAL OFFICIALS ASSOC 014351 9/06/96 90.00 33752 SERVICES-LIBRARY OREGOK SUB LIBRARY 014560 9/06/96 65.00 33753 SERVICES-'l'RAISIT OREGON 'l'RAISI'l' ASSOC 014610 9/06/96 110.00 33754 SUPPLIES-STREET PACIFIC SAFETY SUPPLY IlfC 015040 9/06/96 340.00 33755 SERVICES-VARIOUS POR'l'LAlID GERERAL ELEC'l'RIC 015420 9/06/96 17,510.44 33756 SUPPLIES-POBLIC WORKS REA TECH MAHAGEMEIfT IlfC 017095 9/06/96 1,000.00 , 33757 SUPPLIES-MAYOR RO'l'IIS I GA 017340 9/06/96 75.78 , 33758 SERVICES-PUBLIC WORKS RODREY M SElITER 018388 9/06/96 4,000.00 33759 SERVICES-LIBRARY SOOIID ELEVATOR CO 018610 9/06/96 176.59 33760 SUPPLIES-VARIOUS THE J THAYER CO 019100 9/06/96 151.57 33761 SUPPLIES-STREE'r UIIOCAL:ER!IE GRAHAM OIL 020010 9/06/96 844.08 33762 SERVICES-VARIOUS OIIITED DISPOSAL SERVICE 020020 9/06/96 987.36 33763 SERVICES-VARIOUS US WEST COMMUIlICl'l'IONS 020095 9/06/96 513.79 33764 SUPPLIES-wwTP VALLEY WELDIlIG SUPPLY 021050 9/06/96 9.50 33765 SUPPLIES-POLICE VIESKO QUALITY COHCRETE 021140 9/06/96 1,985.12 33766 SUPPLIES-WTR/POLICE WESTLIBK PAGING 022163 9/06/96 145.60 33767 SUPPLIES-TRlKSIT WESTER! BUS SALES 022175 9/06/96 92.63 64,543.61 12A 10/02/96 A/P CHECK LISTING FOR THE MONTH OF SEPrEMBER 1996 Page 2 Check HuIber Budgetary Account ltUJber Vendor laae Vendor IIUJber Check - Date Written oount of Check ----------- ------------------------- ------------------------------ ------------ -------------------- ---------------- 33768 SERVICES-VARIOOS WOODBORH IlIDEPElIDEJI'l' 022630 9/06/96 525.10 ,33769 PmY CASH-VARIOOS CITY OF WOODBURI 015255 9/09/96 184.54 33nO REGIS'l'RATIOR-LIBRARY OREGOI STATE LIBRARY 014560 9/11/96 130.00 33771 REGIS'l'RA'fIOR-FOLICE OSO El'rEIISIOR SERVICFS JIOHE 9/11/96 50.00 33n2 SERVICES-iATER VALLEY MAILIlIG SERVICES 021044 9/12/96 332.16 33773 VOID VOID VOID 33n4 VOID VOID VOID 33775 VOID VOID VOID 33n6 WITlESS FEE-ATTY LIlIDA SAYAS IIOIIE 9/13/96 9.00 33n7 REGISTRATIOIHNTP OlIIFIED SEWERAGE AGEIfCY JIOHE 9/13/96 150.00 33n8 REGISTRATIOR-PARKS GROOlIDS MADlTDAIICE SERVICES IIOIIE 9/13/96 177.00 33779 REGIS'l'RATIOR-FIlIABCE KPMG PEAT MARiICl LLP IIOIIE 9/13/96 45.00 33780 SUPPLIES-PARKS POWER OP IIOIIE 9/13/96 36.90 33781 WITlESS FEE-Am LIBDl FAITH BELL lOBE 9/13/96 6.12 33782 WmlESS FEE-Am DRRY PORIlIG'l'OIi lORE 9/13/96 5.00 33783 WITlESS FEE-Am VICElrrE FS'l'EVES lORE 9/13/96 5.00 33784 WITlESS FEE-Am JOYCE SHOOP lIOIIE 9/13/96 9.00 33785 WITRESS FEE-ATTY AMADO MESIlIAS-WPEZ lIOIIE 9/13/96 5.00 33786 WIms8 FEE-1m BE'1'II IlEESACKER lOBE 9/13/96 12.68 33787 WITltESS FEE-Am ESTELLA GUTIERREZ BORE 9/13/96 6.60 33788 WITRESS FEE-Am PAUL HEESlCKER IfOlIE 9/13/96 12.68 33789 SOPPLIES-EIfG A & E IMAGIlIG 000017 9/13/96 3,256.75 33790 SERVICES-PARKS lCE SEPUC & ElCAVATIlIG 000031 9/13/96 200.00 33791 SOPPLIES-M'P ABlQUA IlIDOS'rRIES 000034 9/13/96 350.00 33792 SERVICES-VARIOOS AIR TOOCII CELLULAR 000113 9/13/96 456.82 33793 SERVICFS-M'P AIR !OOCII PAGIlIG 000115 9/13/96 60.62 33794 SOPPLIES-wtl'fP ALL PURE CHEMICAL co 000136 9/13/96 2,953.50 33795 SOPPLIES-CITY BALL AL'S FRUIT & SHRUB CEJI'l'ER 000160 9/13/96 343.92 33796 SUPPLIES-EIfG ALPIIA mil SYS'l'EKS 000166 9/13/96 305.03 33797 SERVICFS-C S'l'ORES AllERICAlI BUSIlIESS MACIIIlIES 000198 9/13/96 178.85 33798 SERVlCES-HOOSIlIG ARKD EJI'l'ERPRISFS 000505 9/13/96 2,400.00 33799 SERVICES-M'P AROORK OlIIFORM SERVICE IlIe 000534 9/13/96 110.85 33800 SERVICFS-VARlOOS A'l' & 'l' 000623 9/13/96 296.25 33801 SUPPLIES-RSVP BARKES & lIOBLE 001135 9/13/96 43.84 33802 SUPPLIES-PARKS 000lID TREE CORPORATION 001361 9/13/96 432.50 \ 33803 REGIS'l'RATIOI-POLlCE B.P.S.S.T. 001390 9/13/96 84.50 \. 33804 SUPPLIES-ilTER BROOKS PRODUCTS IlIC 001571 9/13/96 382.50 33805 SUPPLIFS-iWl'P CAPITAL PAI1I'l' DECORlTIlIG 002091 9/13/96 219.80 33806 REGIS'l'RATION-ADMIlI CAREER 'l'RACl 002123 9/13/96 79.00 33807 SERVICES-p(JBLIC WORKS CB2M-HILL 002477 9/13/96 3,869.90 33808 SUPPLIES-AT'lY CLARK BOARDM!lt CALLAGHAlt 002543 9/13/96 551.05 33809 SUPPLIES-STREET CLYDE WEST IlIC 002588 9/13/96 2,000.00 33810 SOPPLIES-PARKS '!'HE COBB GROUP 002593 9/13/96 49.00 33811 SERVICES-EIfG CRAlfE & MERSETH 002896 9/13/96 4,800.00 33812 SOPPLIES-VARlOUS CTL CORPORATION 002926 9/13/96 2,810.00 33813 SUPPLIES-WATER F!MILIAN NW 005030 9/13/96 1,966.00 94,446.07 12A 10/02/96 A/P CHECK LIS'l'IlfG FOR THE MORTH OF SEPTEMBER 1996 Page 3 Check HUJber Budgetary Account IlUJber Vendor Hate Vendor HUJber Check - Date Written AIount of Check ----------- ------------------------- ------------------------------ ------------- -------------------- ---------------- 33814 REIMBURSEMElIT-PARKS AlIlf FIlfCH 005096 9/13/96 49.95 33815 ' SUPPLIES-iATER HD FOWLER CO lHe 005210 9/13/96 97.77 33816 SERVICES-LIBRARY GElIERAL ELECl'RIC CAPITAL 006079 9/13/96 136.00 33817 SOPPLIES-WTP BACH CHEMICAL CO 007030 9/13/96 104.75 33818 SERVlCES-CI'l'Y BALL C.J. JW1SEII CO IlIC 007055 9/13/96 1,046.00 33819 SERVICES-VARIOUS BARRIS AID EmE 007095 9/13/96 7,000.00 33820 REIMBORSEMEII'l'-PARKS HEVIlI L BOLLY 007268 9/13/96 30.93 33821 SUPPLIES-Wl'P IIIDOSTRIAL WELDIlfG SUPPLY 008100 9/13/96 27.10 33822 SERVICES-PARKS DIGHT GRAPHICS 010107 9/13/96 247.50 33823 SERVICES-VARIOOS LUCEIT TECIIIIOLOGIES 011370 9/13/96 663.14 33824 SERVICES-PllBLIC l<<)US MARIOI coorry CLERK 012087 9/13/96 80.00 33825 SUPPLIES-VARIOUS IIETROFUELIJIG IlIC 012448 9/13/96 1,187.74 33826 SUPPLIES-A'l"l'Y MICHIE 012456 9/13/96 635.33 33827 SUPPLIES-LIBRARY MICROlIAREIIOOSE 012459 9/13/96 315.85 33828 SUPPLIES-PARKS MICROLOGIC sonwm 012463 9/13/96 136.80 33829 SUPPLIES-POLICE OPl'ICOLOR FIlM & PHOTO 014056 9/13/96 348.47 33830 SUPPLIES-ERG OR DEPl' OF ADMIIIS'l'RATlVE SERV 014198 9/13/96 40.00 33831 SERVlCES-POLICE/COORT OR DEPr OF JK>roR VEHICLE 014240 9/13/96 95.00 33832 SUPPLIES-Am OREGOI STATE BAR 014500 9/13/96 55.00 33833 SOPPLIES-wwTP PACIFIC PRIITERS 015058 9/13/96 74.25 33834 SUPPLIES-wTP PACIFIC PURE BOTTLED WATER 015059 9/13/96 42.00 33835 SUPPLIES-PARKS PIORER ELECTROIICS 015345 9/13/96 9.99 33836 SERVICES-VARIOUS PORTWD GEIfERAL ELECTRIC 015420 9/13/96 11,282.83 33837 REGIS'l'RATIOIf-SELF lIS PRIMA 0REG0tI CBAPl'ER 015538 9/13/96 95.00 33838 SUPPLIES-PARKS PD>'l'IOIS WEST 015563 9/13/96 110.40 33839 SERVICES-EIIG SCIIOISTED'l' IISTRUMEIIT CO 018265 9/13/96 312.63 33840 SERVICES-M'P LES SCBiAB TIRE CEllTER 018300 9/13/96 126.92 33841 SUPPLIES-VARIOUS SCOT CUSTODIAL SUPPLY 018308 9/13/96 156.00 33842 SUPPLIES-PARKS BRIAIf SJO'l'IlmI 018456 9/13/96 125.00 33843 SUPPLIES-PARKS SIERRA mDS 018458 9/13/96 61.00 33844 SERVICES-'fRAIISIT SLAm CCIIMOIICATIOIfS 018522 9/13/96 26.00 33845 SERVICES-PLAlIIfIlfG STAtESIWI JOORIfAL 018760 9/13/96 283.98 33846 SERVICES-POLICE SOl RIVER 018848 9/13/96 191.52 33847 SUPPLIES-LIBRARY sroSSER ELECTRIC CO 018870 9/13/96 92.04 33848 SUPPLIES-VARIOUS THE J 'l'HAYER CC>>IPAXY 019100 9/13/96 147.22 \ 33849 SERVICES-HQUSIlfG THERH-O-LOC WllDOiS 019132 9/13/96 3,952.00 ~ 33850 SUPPLIES-PARKS OS POSTAL SERVICE 020090 9/13/96 128.00 33851 SERVICES-VARIOUS US WEST COMMUHlCATIOHS 020091 9/13/96 478.29 33852 SERVICES-VARIOUS US WEST <XHIUlfICATIOIS 020095 9/13/96 3,682.17 33853 SERVICES-PARKS WILHElM EllGIHEERIHG lHe 022322 9/13/96 719.60 33854 SERVICES-PARKS iOLFERS HEATIHG & AIR CORD 022460 9/13/96 136.00 33855 SERVICES-PARKS WOODBORlf JR SOCCER CLUB 022635 9/13/96 1,367.00 33856 SUPPLIES-PARKS YES GRAPHICS 024025 9/13/96 685.50 33857 SERVICES-WATER VALLEY MAILIlfG SERVICES 021044 9/19/96 366.08 33858 V 0 I D V 0 I D V 0 I D 33859 V 0 I D V 0 I D V 0 I D 131,394.82 i2A 10/02/96 A/P CHECK LISTING FOR THE MOIITH OF SEPTEMBER 1996 Page 4 Cbeck IUJber Budgetary Account ll\mber Vendor llaae Vendor HUJber Check - Date Written Aiount of Check ---------- ------------------------- ------------------------------ ------------- -------------------- ---------------- 33860 V 0 I D V 0 I D V 0 I D 33861 REFOJID-BOILDIHG DE'l'OM DE 9/20/96 68.20 33862 REFtl1OHfA'l'ER/SEWER KElt & JUDITH PIHKER'l'OH HOIfE 9/20/96 35.54 33863 REFUlD-WA'l'ER/SEWER BOlWIZA IDlES IfOHE 9/20/96 14.90 33864 REFOIOHfATER/SEWER LrotfA STRACK lIOlfE 9/20/96 34.83 33865 REPOIlHfA'l'ER/SEWER D , 'f awsrRUC'fIOH HOIfE 9/20/96 7.45 33866 REFORD-WA'l'ER/SEWER BORGBARDT & CO lfOHE 9/20/96 67.23 33867 REFOIOHfA'l'ER/SEWER MICHAEL COIILOll IIOHE 9/20/96 212.39 33868 SUPPLIES-ERG IlIS'l'mrrE OF 'l'RAIS ERGIBEERS IOIIE 9/20/96 55.00 33869 SUPPLIES-LIBRARY Bm'OI ROUGE IOIIE 9/20/96 16.90 33870 SUPPLIES-LIBRARY SORSI/SOSC 1tOHE 9/20/96 30.00 33871 SERVICES-VARIOUS UlIVERSI'l'Y OF IEBRASKA IOIIE 9/20/96 225.00 33872 SERVICES-wrP A & A PEST COITROL IllC 000011 9/20/96 85.00 33873 SUPPLIES-LIBRARY !FRO AMERICAII PRESS 000085 9/20/96 297.80 33874 SERVICES-S'l'REE'l' AIR 'l'OOCB CELLULAR 000113 9/20/96 3.70 33875 SERVICES-wrP /WA'l'ER AlWfAR( OIIFORM SERVICE 000534 9/20/96 134.27 33876 SUPPLIES-STREE'l' ASBLAID BROO IllC 000545 9/20/96 560.00 33877 SERVICES-POLICE A'l'&T WlGUAGE LIllE SERVICES 000659 9/20/96 117.62 33878 SUPPLIES-LIBRARY BAIER , UYUlR 001090 9/20/96 19.38 33879 SERVICES-FIlAHCE CAREER 'lRACK 002123 9/20/96 99.00 33880 SERVlCES-BOOSIIG CWK-DICKERSOII COIISTROC'l'IOI 002563 9/20/96 1,750.00 33881 SERVICES-POLICE DAILY JOORII!L OF <XHmRCE 003020 9/20/96 102.38 33882 SUPPLIES-MOl DEPT DA'fEC IIC 003063 9/20/96 1,522.07 33883 SUPPLIES-LIBRARY E8SCO SOBSCRIPfIOI SERV 004040 9/20/96 1,709.05 33884 SERVICES-MP fIfR ECHO SEaJRl'l'Y SYSTIlMS IJC 004055 9/20/96 222.00 33885 SUPPLIES-RSVP FO'fO MAGIC 005258 9/20/96 27.34 33886 REIMBORSEIIElIT-FIllAlfCE BEl GILLESPIE 006189 9/20/96 15.75 33887 SUPPLIES-POLICE BARRIS OIIFORMS 007090 9/20/96 192.80 33888 SUPPLIES-wrP HPC SCIEII'l'IFIC , 'fEalllOLOGY 007189 9/20/96 1,512.89 33889 SUPPLIES-LIBRARY IHCREDIBLE OlfIVERSE 008065 9/20/96 163.91 33890 SUPPLIES-LIBRARY IllFORMA'l'IOI REFERElICE GROOP 008114 9/20/96 75.94 33891 SUPPLIES-LIBRARY IBGRAM DIS'l' GROUP 008116 9/20/96 841.50 33892 'l'EMP EMPLOEES-ERG JOB SHOPPERS IllC 009119 9/20/96 1,968.24 33893 SUPPLIES-wTP RAImALL G LAlIGBEIII 011029 9/20/96 656.84 33894 REIMBORSEMElI'l'-iA'fER GERALD LEIMBACH 011190 9/20/96 122.62 , 33895 SUPPLIES-LIBRARY LIBRARY ASSOCIATES 011244 9/20/96 221. 40 , 33896 SUPPLIES-VARIOUS METROFOELIIG IIfC 012448 9/20/96 500.29 33897 SUPPLIES-VARIOUS MICROWAREHOOSE 012459 9/20/96 1,432.33 33898 SUPPLIES-LIBRARY llOR'l'IlWES'1' m VEL 013310 9/20/96 16.95 33899 SERVICES-POLICE OR DEPT OF ADHIllISTRATlVE SERV 014198 9/20/96 265.84 33900 SERVICES-cooRT OR DEPT OF MOTOR VEHICLE 014240 9/20/96 53.00 33901 SUPPLIES-PARKS OREGOtI TURF , TREE FARMS 014620 9/20/96 2,973.00 33902 SERVICES-POLICE PAUL'S AUTO OODY 015185 9/20/96 2,252.82 33903 SERVICES-HOH DEPT PC HORTIIWES'l' IlfC 015214 9/20/96 773.75 33904 SUPPLIES-LIBRARY PHYSICIAlfS DESK REFERElfCE 015275 9/20/96 111. 90 33905 SERVICES-VARIOUS PITHEY ~ES 015350 9/20/96 255.00 153,218.64 12A 10/02/96 A/P CHECK LISTING FOR THE MOlfTII OF SEPl'EMBER 1996 Page 5 Cbeck laber Budgetary Account IUJber Vendor late Vendor ltuJber Check - Date written lIount of Cbeck --------- ------------------------- ------------------------------ ------- -------------------- ---------------- 33906 SERVlCES-PARKS/WfR PORTWD GEIIERAL ELECTRIC 015420 9/20/96 2,697.94 33907 SERVICES-iATER RADIX CORPORA'l'IOlI 017035 9/20/96 551. 25 33908 SUPPLIES-LIBRARY REALLY GOOD srtJFF 017094 9/20/96 39.10 33909 REIMBORSEHEIl'r-PARKS JIM ROW 017348 9/20/96 42.50 33910 SUPPLIES-LIBRARY . SCIEIlTIFIC AMERICAI LIBRARY 018287 9/20/96 30.70 33911 REIMBORSEMEB'l'-PARKS BRIAR SJOTIl1JII 018456 9/20/96 76.00 33912 SUPPLIES-LIBRARY SIMOlI , SCBOS'1'ER 018493 9/20/96 262.62 33913 SUPPLIES-LIBRARY SOOTIIEASTERI 000( 00 018627 9/20/96 2,356.27 33914 REIMBORSEIIIIIT-cooRT MARY TElIlWI'1' 019055 9/20/96 19.50 33915 SUPPLIES-VARIOUS TBEJ'l'HAYERoo 019100 9/20/96 20.52 33916 SUPPLIES-STREET fM!P UltOCAL:ERlIE GRAHAM OIL 020010 9/20/96 1,017.08 33917 SUPPLIES-LIBRARY UlIQOE BOW IIC 020016 9/20/96 31. 94 33918 SUPPLIES-iATER UlITED PIPE , SUPPLY 00 020030 9/20/96 3,316.06 33919 SUPPLIES-iA'l'ER USA BLDEOOOK 020046 9/20/96 728.50 33920 SUPPLIES-LIBRARY OSWEST DIRECT 020092 9/20/96 19.50 33921 SUPPLIES-LIBRARY UlIVERSm PARK mil IlIC 020154 9/20/96 191.33 33922 SERVICES-POLICE VARDA SILEIlT ALARM 021120 9/20/96 436.28 33923 SUPPLIES-wrP VIESKO QUALITY <DICRETE 021140 9/20/96 115.60 33924 SUPPLIES-LIBRARY VICTOR nMm BOW!ORE 021175 9/20/96 68.00 33925 SUPPLIES-POLICE VIKI1IG omCE PRODUCTS 021180 9/20/96 245.88 33926 SUPPLIES-EItG WAL-MAR'l' S!ORES IIC 022035 9/20/96 32.82 33927 SERVICES-iATER WIUI! W!SS(lf 022052 9/20/96 57.75 33928 SERVICES-iATER WATER,fOOD , RESEARCH LAB 022062 9/20/96 263.25 33929 REIMBORSEMEII'f-PARKS 'fERRy WILLIAMS 022396 9/20/96 130.50 33930 SERVICES-POLICE WOODBORI CARCRAn' 022508 9/20/96 673.00 33931 SUPPLIES-POLICE YES GRlPIlICS 024025 9/20/96 191.60 33932 SUPPLIES-FWICE SORSI/SOSC BOlE 9/20/96 30.00 33933 PmY CASH-VARIOUS CITYOFWOOIBlRI 015255 9/20/96 133.86 33934 SERVICES-LIBRARY HAWK HAVD MORE 9/24/96 100.00 33935 SERVICES-iATER VALLEY MAILIHG SERVICES 021044 9/26/96 432.48 33936 VOID VOID VOID 33937 VOID VOID VOID 33938 VOID VOID V 0 I D 33939 REFOllD-PARKS VICTOR LEDER BOlE 9/27/96 40.00 33940 SERVICES-mP A , A PES'!' OOIft'ROL IRe 000011 9/27/96 85.00 \ 33941 SERVlCES-wrP ACF WEST IIC 000036 9/27/96 138.50 ~ 33942 SERVICES-VARIOUS AIR TOOCH CELLULAR 000113 9/27/96 103.29 33943 SERVICES-POLICE ALPHA PEST COlITROL DlC 000167 9/27/96 195.00 33944 SERVlCES-LIB/PW A -QUALITY TYPEWRITER 000420 9/27/96 660.00 33945 SERVICES-VARIOUS ARAMARK UllFORM SERVICE IRe 000534 9/27/96 313.84 33946 SUPPLIES-POLICE AU'l'OO.TED OFFICE SYS 000563 9/27/96 273.29 33947 SUPPLIES-PARKS AWARDS AID A'l'HLE'l'ICS 000580 9/27/96 55.80 33948 SUPPLIES-RSVP BEIf FRAlKLII STORE 001205 9/27/96 38.65 33949 SUPPLIES-VARIOUS BI -MAR'l' ooRPORATION 001275 9/27/96 186.65 33950 SERVICES-POLICE CASE AuroMO'l'IVE 002190 9/27/96 1,628.14 33951 SERVICES-!ltG CH2M-HILL 002477 9/27/96 1,690.79 172,939.42 12A 10/02/96 AjP CHECK LIS\'IlIG FOR THE MOIfTH OF SEP'l'EMBER 1996 Page 6 Cbeck IIuIber Budgetary Account IUJber Vendor lue Vendor IIuIber Check - Date Written AIount of Cbeck --------- ------------------------- ------------------------------ ------------ -------------------- ---------------- 33952 SERVICES-VARIOOS ClI2M-IIILL 002478 9/27/96 4,464.72 33953 SQPPLIES-MP CLA<nMAS LOCK 002558 9/27/96 18.SO 33954 SUPPLIES-POLICE COASTAL FARM HOME SUPPLY 002625 9/27/96 106.00 33955 SERVICES-rooRT MARGO\' coo.EY 002686 9/27/96 143.75 33956 SERVICES-ERG - CRAIE & MERSETH 002896 9/27/96 3,192.25 33957 SERVICES-POLICE/PARKS DA'l'EC IIC 003063 9/27/96 130.00 33958 SUPPLIES-VARIOUS D!VISOII !lm) PARTS 003080 9/27/96 249.58 33959 SUPPLIES-POLICE D!VISOM !0'1'0 PARTS 003081 9/27/96 94.24 33960 SERVICES-EIiG DE HAAS & ASSOCIA'fES IIC 003108 9/27/96 5,678.85 33961 SUPPLIES-PARKS/STREET FARM PLAI 005062 9/27/96 57.06 33962 SUPPLIES-POLICE/PARKS FOro MAGIC 005258 9/27/96 77 .86 33963 SERVICES-MP G. It. MACIlIIE 006009 9/27/96 60.48 33964 SUPPLIES-PARKS GR!ID SLAM 006273 9/27/96 193.SO 33965 SOPPLIES-POLICE 'l'HE GOI BR<DR IIfC 006390 9/27/96 234.75 33966 SUPPLIES-VARIOOS G. W. II!RDWARE CElft'ER 006405 9/27/96 312.67 33967 SERVICES-CITY BALL C. J. HAlSEll 00 IIC 007055 9/27/96 122.25 33968 SERVICES-PARKS BERSllBERGER JmORS 0071SO 9/27/96 160.00 33969 SUPPLIES-MP HPC SCIElTIFIC , 'l'ECBIIOLOGY 007189 9/27/96 894.35 33970 SOPPLIES-DAR HILLYERS MID em FORD 007228 9/27/96 86.62 33971 SOPPLIES-CITY BALL IlIDUS!RIAL SUPPLY 00 008090 9/27/96 1,195.00 33972 SUPPLIES-PARKS IlI-IIAR SALES IIC 008133 9/27/96 28.73 33973 'l'EMP EMPLOYEES-ERG JOB SHOPPERS IIC 009119 9/27/96 921. 90 33974 SERVICES-SELF IllS nII-IEE-'!'! RESORT 010007 9/27/96 164.00 33975 SERVICES-PARKS DIGH'l' GRAPHICS 010107 9/27/96 767. SO 33976 SERVICES-COOR'l' PE'l'ER M. I<IIOVAWl 010295 9/27/96 25.00 33977 SUPPLIES-VARIOOS L & L BOILDIlIG SUPPLIES 011010 9/27/96 681.89 33978 SUPPLIES-wrP RAlIDALL G LAIGBEIIIf 011029 9/27/96 152.00 33979 SUPPLIES-PARKS LIJOOLJI EQUIPMEIft' 00 011250 9/27/96 772.27 33980 SUPPLIES-PARKS LITTLE CBllMICAL 00 01U85 9/27/96 942.85 33981 SERVICES-PARIS WCEII'1' 'l'ECIDIOUlGIES 011370 9/27/96 28.24 33982 SUPPLIES-LIBRARY MADERA CIlIEVIDJ<<> IIC 012036 9/27/96 331.11 33983 SUPPLIES-POLICE ME'l'ROFUELIIG IIC 012448 9/27/96 579.48 33984 SUPPLIES-LIBRARY ALAI MEYERS & ASSOCIATES 012453 9/27/96 52.00 33985 SUPPLIES-VARIOOS MIDSTATES OOAS!AL FARM 012475 9/27/96 95.67 33986 SOPPLIES-VARIOOS MR P'S !lm) PARTS 012510 9/27/96 129.98 , 33987 SUPPLIES-POLICE MOOIT!II FRESH PORE BO'l"l'LED 012670 9/27/96 37.50 , 33988 REGISTRATI(If-PW IATIOI!L IOTARY !SSI 013082 9/27/96 138.65 33989 SUPPLIES-i!TER IORLIrr OF 0REG0lI DiC 013200 9/27/96 170.54 33990 SERVICES-VARIOUS 1fORTIlWES'l' 1A'1'URAL GAS 013350 9/27/96 37.71 33991 SUPPLIES-LIBRARY OMIfIGRAPlUCS IIC 014044 9/27/96 62.50 33992 SERVICES-VARIOUS 0IfE CALL COIfCEPl'S IHC 014054 9/27/96 75.60 33993 SUPPLIES-PARKS P!C-wEST DIST 015001 9/27/96 1,989.95 33994 SUPPLIES-DAR P!GEIfET OF OREGOtl 015101 9/27/96 15.90 33995 SUPPLIES-WWTP PIOIEER ELECTRONICS 015345 9/27/96 3.99 33996 REGISTRATION-Wl'P 1996 PRCPA COIFEREIfCE 015357 9/27/96 177.00 33997 SERVICES-VARIOUS PORTLAJID GElfERAL ELECTRIC 015420 9/27/96 8,096.60 206,890.41 12A 10/02/96 A/P CHECK LISTIIIG FOR THE MONTH OF SEPTEMBER 1996 Page 7 Check Iober Budgetary Account ItuJber Vendor Hale Vendor Jlulber Check - Date Written !iount of Check ------------ ------------------------- ------------------------------ ------------- -------------------- ---------------- 33998 SUPPLIES-PARKS PORTLAKD mTERIIAWKS 015462 9/27/96 230.00 33999 SUPPLIES-STREET PRIER PIPE & SUPPLY IHC 015515 9/27/96 4,966.48 34000 SUPPLIES-wrP QUFST ELBCl'ROIICS 016072 9/27/96 140.00 34001 SUPPLIES-LIBRARY REGEHT ~ <XItPAlIY 017148 9/27/96 14.86 34002 SUPPLIES-M'P . S&S ARTS & CRAn'S 018017 9/27/96 479.69 34003 SUPPLIES-STREET SAFFROIf SUPPLY CO 018020 9/27/96 841.10 34004 SUPPLIES-STREET SALEH BLAClroP & ASPIIAL'f 018060 9/27/96 5,391.55 34005 SUPPLIES-VWOOS LES SCHWAB TIRE CElI!ER 018300 9/27/96 590.95 34006 SUPPLIES-LIBRARY SEHTDIEIf'l'AL PRODUC'fI(JfS 018393 9/27/96 33.45 34007 SUPPLIES-wTP SEWIlIG & VAaJOM EICHAlfGE 018405 9/27/96 5.00 34008 SERVICES-ATTY II. ROBERT SHIELDS 018450 9/27/96 4,262.50 34009 SERVICES-POLICE SLATER <XHllllIICA'fIOHS 018522 9/27/96 113.50 34010 SUPPLIES-ElIG SURVEYORS SUPPLY CO 018855 9/27/96 99.36 34011 SUPPLIES-POLICE TERRITORIAL SUPPLIES IHC 019060 9/27/96 1,216.47 34012 SUPPLIES-VWOOS THE J mYER ClJ4PAlIY 019100 9/27/96 194.65 34013 MEMBERSHIP-PARKS TIGARD SWIM CElI!IR 019153 9/27/96 10.00 34014 SUPPLIES-iAfER mUTED PIPE " SUPPLY CO 020030 9/27/96 3,892.04 34015 SERVICES-ElIG - UHIVERSITY OF lIEBRASKA 020140 9/27/96 60.30 34016 REIMBURSEIIElft'-STRm LEOKARD VAl VALmBERG 021090 9/27/96 7.66 34017 SUPPLIES-PARKS VIESlCO QUALITY COIICRE'fE 021140 9/27/96 622.21 34018 SUPPLIES-PARKS VIKIlIG OFFICE PRODOC'!S 021180 9/27/96 236.02 34019 SUPPLIES-VARIOOS WAL-MART STORES IlIC 022035 9/27/96 124.12 34020 SUPPLIES-Am WARRElf GORHAM LAIDIT IlIC 022058 9/27/96 88.75 34021 SUPPLIES-STREET WITHERS LUMBER CO 022445 9/27/96 19.50 34022 SUPPLIES-PARKS WOODBORK FER!ILIZER 022590 9/27/96 874.22 34023 SERVICES-PARKS WOODBORK FLORIST 022600 9/27/96 32.00 34024 SERVICES-PUBLIC WORKS tKJODBORlI IlIDEPEKDEHT 022630 9/27/96 49.50 34025 SERVICES-PARKS WOODBORK JR SOCCER CLllB 022635 9/27/96 821.00 34026 SUPPLIES-MP /pARKS WOODBORR OFFICE SUPPLY 022670 9/27/96 221.77 34027 SUPPLIES-PARKS WOODBORll RElIT-ALL 022708 9/27/96 301.20 34028 REIMBURSEIIElft'-RSVP GEORGE COSTER 035128 9/27/96 10.00 34029 REIMBORSEIIElIT-RSVP KAROLIlIE DEARDORFF 035140 9/22/96 4.50 34030 REIMBURSEIIElft'-RSVP CHARLES MOHLER 035555 9/27/96 60.00 34031 REIMBORSEMEI'l'-RSVP VAnA ~S 035583 9/27/96 23.50 34032 REIMBURSEMEIT-RSVP AI.HEDA QUIRIIG 035608 9/27/96 40.00 , 34033 REIMBtJRSEIIEHT-RSVP IWUAI REED 035615 9/27/96 24.75 \. 34034 REIHBORSEMEIIT-RSVP JOBE WOODCOCK 035648 9/27/96 33.00 34035 REIMBtJRSEMElIT-RSVP JAY tKJODS 035763 9/27/96 56.00 34036 REIMBURSEMEIT-DAR OOROTllA 00RLAlID 045060 9/27/96 26.25 34037 REIMBtJRSEMElIT-DAR CORBELIUS DOMlIELLY 045230 9/27/96 93.50 34038 REIMBURSEMElIT-DAR FROOHT GREEBLIlIG 045290 9/27/96 39.00 34039 REIMBURSEMENT-DAR FRED HAYES 045315 9/27/96 81.00 34040 REIMBURSEMEHT-DAR DOROTHY JAEGER 045350 9/27/96 27.00 34041 REIMBURSEMEHT-DAR WARD O'BRIEN 045497 9/27/96 128.25 34042 REIMBURSEMENT-DAR FRAN OLSON 045500 9/27/96 40.75 34043 REIMBURSEMENT-DAR MARILYN PARADIS 045512 9/27/96 27.50 233,545.26 12A 10/02/96 A/P CHECK LISTING FOR THE MOMTH OF SEP'l'FJlBER 1996 Page 8 Check IIUJber Budgetary Account IIUJber Vendor Hale Vendor IIUJber Check - Date Written Atount of Check ---------- ------------------------- ------------------------------ --------- -------------------- ---------------- 34044 REIMBORSEMEII'l'-DAR JOAIf PREZEAU 045525 9/27/96 60.25 34045 REIMBORSEMEIIT-DAR GERTRUDE REIS 045545 9/27/96 55.00 34046 REIMBURSEMEIft'-DAR FRED fOPOREK 045660 9/27/96 52.50 34047 REIMBURSEMEIIT-DAR JEAIf WEBKIE 045693 9/27/96 55.00 34048 PE'm CASH-VARIOUS . CITY OF WOODBURlf 015255 9/27/96 146.43 \ ~ 233,914.44 ,/ 16A . . City of Woodburn Police Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345. Ken Wright Chief of Police Date: September 26, 1996 To: Mayor and Council Subject: AD-HOC Human Rights Committee At the 1996 Council goal review session the subject of the Human Rights ordinance with the sunset clause came under great discussion. The outcome was a AD-HOC Human Right Committee. This memo is to comply with the ordinance in that notification of the council is necessary prior to the sunset date. This will allow the council adequate time to either continue the ordinance or allow the ordinance to sunset. In December 1993 the City Council passed Council Bill 1503 creating the Human Rights Commission and setting a sunset date for the commission. The mission and purpose of the Commission is to foster mutual understanding and respect, and to protect the human rights of all persons in the City of Woodburn regardless of their race, gender, age, religion, or national origin. With the passage of the ordinance, a two year sunset date was established. Unless the Council continues the ordinance, the Human Rights Commission will cease to exist on December 31, 1996. The intent was, that should the ordinance not be fully activated through appointment of membership and continuous meeting of that membership, the ordinance would automatically "die". At the last Council goal review session it was decided that the Human Rights Commission concept would be better served as a AD-HOC committee concept. \ ~ On September 24, 1996 the AD-HOC Committee on Human Rights met for the first time. Present were four of the seven appointed members. All those participating were eager to proceed and become involved. Two Chair Persons were elected by consensus as a quorum was not present. The committee reviewed the Human Rights Ordinance 2113 and discussed their views of the committee. A tentative agenda for the next meeting was set with the intent of exploring the many avenues for the committee to develop. At this time the committee will be meeting more than the minimum to develop itself. Between now and the next meeting, November 13, 1996, the committee members will be contacting other persons and organizations in the community in order to solicit their participation. This will bring a broader representation of participation. 16A As the council has directed that a AD-HOC Human Rights Committee concept would better serve the community it will be necessary to modify the ordinance. As I mentioned the current ordinance has a sunset clause of December 31, 1996. I would request the council reinstate the current ordinance for 3-6 months. This would allow .the full committee to review the current ordinance, philosophy of the council and develop a AD-HOC Committee proposal and make a joint recommendation to the council to act upon sometime before April 1997. c:\wpS 1 \council\b&.rupdat \ ~ l6A MEETING MINUTES AD-HOC COMMITIEE ON HUMAN RIGHTS September 24, 1996 - 7 PM Members Present: Marilyn Landeen, David Fischer, Doyne Deos, Jody Fischer Staff: Ken Wright, Chief of Police Meeting Called to Order: The attending members were briefed on the history of the Human Rights Committee. Mayor Kirksey provided a statement and her desires for the Human Rights Committee. Ordinance 2113 was reviewed and discussed. Different ideas for direction of the committee were discussed at length. It was decided that staff should contact Salem, Portland and other agencies and invited one or more to the next meeting. Dave F. will contact the 3-Valleys to ascertain how the two organizations can compliment each other. Noting that the ordinance requires a quorum of five and only four members present it was decided by consensus of those attending that co-chairs would be Jody Fischer and David Fischer. This will be until the next meeting where it is hoped a quorum will be present. The meeting adjourned at 8 PM with the next meeting to be held on November 13, 1996 in the Council Chambers. \ ~ ~ .., 16A AD-HOC COMl\fi'ITEE ON HUMAN RIGHTS Wendy Veliz 1905 West Hayes Street Woodburn OR 97071 981-7001 Tim Vandersteen 1340 Alexandra #C Wooburn OR 97071 981-5325 Marilyn Landeen 2103 Country Club Road #12 Woodburn OR 97071 981-4349 David Fischer 160 Heritage Court Woodburn OR 97071 982-8651 (Home) 378-8224 (Work) Doyne Deos 486 Sycamore Avenue Woodburn OR 97071 982-9494 lody Fischer 16863 Front Street Woodburn OR 97071 981-8637 (Home) 224-0007 (Work) 243-6755 (FAX) \ ~ 16B MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator ~ SUBJ.: .League of Cities Conference Begistration ~ DATE: October 9, 1996 Each of you should recently have received in the mail, from the League of Oregon Cities, an informational packet including registration form and tentative Program Outline (it was entitled wThe Future; Solving the PuzzleW). This year's conference will be held Friday through Sunday, November 15-17, 1996 at the Jantzen Beach Red Lion in Portland. As in the past, if you are interested in attending, we ask that you coordinate with my office so that all registrations can be combined into a single payment/mailing. Please save the registration form you have received from LOe and contact myself or Executive Secretary Kay Vestal concerning the conference programs and days that you would be interested in. Money is budgeted in the Mayor/Council portion of the city budget for this purpose. Please advise of your interest in attending the conference no later than Fridav. November 1. 1996. Thank you. \ ~ J~Jrj) 16C MID-WILLAMETTE VALLEY MAYORS COALITION ~ P4.M' ~(1J\J)J Statement on State Prison Construction: There are ~urrently five state correctional facilities in the immediate Salem area housing over 4100 inmates. The State Department of Corrections plans to construct eight new facilities in the next nine years. The Mid-Valley Mayors Coalition has worked with the State since 1986 to decentralize the housing of state prisoners. The mayors came together in 1 986 out of a concern for the impact of the state corrections system on their respective communities and the mid-valley as a whole. As a result of those efforts the prison population in the area was reduced and changes to release practices were made. This trend was reversed in 1995 and the fnmate population of the area has once more soared. The Mid-Willamette Valley Mayors Coalition feels that the area is home to more that its share of the State inmate population and is strongly opposed to housing any additional state inmates in the greater Salem area. The large amount of inmates in the area cause an inordinate demand on local services, including: police, sheriff, public health, and the District Attorney. The construction of new correctional facilities in the area would overload already strained services and exacerbate traffic problems. The Department of Corrections is promoting the new correctional facilities as an economic development opportunity for cities. For those communities without five existing correctional facilities, becoming home to a new prison could have certain economic advantages. The Salem area has exceeded that point and the placement of additional inmates in the area would be a definite economic drain on the community. \ , Based on these considerations, the Mid-Valley Mayors Coalition continues its strong opposition to housing additional inmates in the greater Salem area. In addition to supporting the more even distribution of the inmate population throughout the state, the Mayors Coalition also supports the implementation of programs designed to prevent crimes from occurring. Such intervention and diversion programs would benefit the state by reducing the need for additional prison beds while helping Oregonians become better citizens. >' /~ /! 9\:::'~ Mayor 105 HIGH STREET S.E. SALEM, OREGON 97301-3667 PHONE: (503) 588-6177 FAX: (503) 588-6094 ~ 160 MEMO FROM: Community Development Director Bob Arzoian, Building Inspector 1.. A TO: SUBJECT: Building Activity for SEPTEMBER 1996 DATE: October 10,1996 SEPTEMBER 1994 SEPTEMBER 1995 ~ Dollars ~ Dollars ~ Dollars New Residence Value 0 $ 0 6 $ 849,636 3 421,165 Multi Family 0 0 0 0 1 223,176 R.idential Adds &, Alts 10 67,500 11 109,490 11 117,474 lDdustri.al 0 0 2 137,000 1 5,664,584 CnnuIV!I"Cial Value 3 <COl,OOO 3 2,502,276 5 985,800 Sips, Feoces, Driveways 8 22,300 3 5,450 4 20,350 Mobile Homes 1 34,500 5 226,045 9 381,481 TOTAL 22 552,300 30 $3,829,897 33 7,814,030 July 1 - June 30 Fiscal Year-to-Date $2.712.938 S7 .937 .504 $10.945.525 ., ~ Robert Arzoian Building Official RA:hw ~.lNl 16E Memo October 8, 1996 To: City Council through City Administrator From: Assistant City Engineer through Public Works Director ~ Subjed: Mill Creek Sanitary Sewer Pump Station Electrical Upgrades: PROGRESS REPORT The electrical upifade prQject not only n;places velY old coIJlPOnents that are obsolete, it also will provide additional ~acity when new force main is installed. The following is a list of components that have been installed. It should be stated for each new component listed, there was an old unit; these old units were first removed and are being stored at the treatment plant. 1. Motor control center; new section plus modifications to existing control center; 80% accomplished. 2. Standby generator upgrade modifications: 1000,10 The existing diesel is powerful enough to handle the larger electrical loads so it will be reutilized. A new generator is in place. 3. Automatic transfer switch: 80%. Old unit was worn and electrically too small for increased electrical loadings; new unit is in place. 4. Miscellaneous electrical components and materials: 25%. This includes new conduits and wmng, Still to be received are the new variable speed pump control units; these should be received on October 11, 1996. New estimated date ofcolllJ)letion is October 25~ that is well before hiih winter tknYs.. Another electrically unrelated problem has been revealed as result of annual vibration testing that was conducted recently on pumps and motors. It has been detennined the foundation pads supporting the pumps have become loosened. There will have to be additional inspecting to determine extent of damage and, as well, a permanent fix devised and executed. In the meantime, the intent will be to buy at least one calendar year of time by epoxying the pads back into position. \ ~ I:lprojects\9 500 55 3 8\report. wpd IT 16F MEMO FROM: City Council through the City Administrator for Information Public Works Program Manager 4- ~ TO: SUBJECT: Leaf Pick Up and Disposal Program DATE: October 10, 1996 The City Council has directed in past years that the Public Works increase its sweeping effort during the fall. This effort has been directed at the downtown area and main streets leading to schools. The areas where sweeping intervals are increased to weekly are shown on the attached drawing. The remainder of the city is swept once per month according to the usual . schedule. This fall Public Works will continue this practice. Increased sweeping will run from October 28, 1996 to December 20, 1996. There are some other options available to citizens who want to dispose of their leaves at no cost. These options will also be available from October 28, 1996 to December 20, 1996. Leaves can be disposed of on the drying beds of the sewage treatment plant. They can be dropped off as follows: Monday through Friday Saturday --- 8:00 am to 3:00 pm --- 8:00 am to 1 :00 pm The plant is located one mile east of 99E on Hwy 211 (Molalla Rd). The plant is on the north side of the road and there is a refuge lane for the left hand turn. Signs will direct individuals where to deposit the leaves. Leaves deposited must be removed from plastic bags or other containers. Public Works asks residents not to rake leaves or debris onto the street but the sweeper will pick up leaves that are found in the gutter. The sweeper will pick up leaves but small branches and twigs tend to plug it up. , ~ Some other options for disposal include: 1 . Composting on private property. 2. Pickup at residence. United Disposal employees will pick up bagged leaves as a part of regular service with regular charges. 3. Composting at Marion County site. Marion County is composting yard waste, which can be dropped at the North Marion Station located at 17827 Whitney Lane, NE near the ash disposal site. Information on cost and conditions can be obtained by calling 981-4117. LEAFDlSP.CC ~ 16F - J~I "( ....{ltCOIO- u i .. " LEGEND I , ~~J6.1' Scheduled Weekly Sweeping '1111 Extension of Weekly Sweeping Dunng / Leaf Clean-up