Agenda - 10/26/1996
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CITY OF WOODBURN
270 MONTGOMERY STREET.... WOODBURN, OREGON
AGENDA
WOODBURN CITY COUNCIL
OCTOBER 28, 1996 -7:00 P.M.
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Council minutes of October 14 regular and executive meetings.
Council minutes of October 15 special meeting. _~ ~ rN---. So
Planning Commission minutes of October 10, 1996.
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APPOINTMENTS:
ANNOUNCEMENTS:
A. October 29,1996 - 7:00 p.m., Special Council Meeting at City Hall
for consideration of an ordinance on Site Plan Review Application 95-26
(Applicant: FHDC)
B. November 4, 1996 - 7:00 p.m., Special Council Workshop at City Hall.
Joint workshop of the Council, Planning Commission, Recreation & Park Board
Woodburn Library Board, Budget Committee.
C. NEXT REGULAR COUNCIL MEETING WILL BE HELD ON TUESDAY,
NOVEMBER 12. 1996 AT 7:00 P.M. DUE TO THE VETERANS DAY HOLIDAY.
D. OFFICE CLOSURES FOR THE MONTH OF NOVEMBER
City Hall closed: Mon., Nov. 11, 1996 - Veterans Day
City Hall closed: Thurs. and Fri., Nov. 28 & 29 - Thanksgiving Holiday
Library closed: Sat., Nov. 9, 1996 - Veterans Day observance
(Mon. Nov. 11 is a regularly scheduled closure)
library closed: Thurs. and Fri., Nov 28 and 29 - Thanksgiving Holiday
(the Library will close at 6:00 p.m. on Wed., Nov. 27)
E. League of Oregon Cities Annual Conference - Nov. 15 - 17,1996 (Portland)
PROCLAMATIONS
5.
A. Chamber of Commerce
B. Other Committees
6. "_!I...
Page 1 - Council Agenda, October 28, 1996
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n'ot aireiidy"sched'uled on the' agenda.)
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A. Council Bill No. 1755 - Ordinance affirming the decision of the Woodburn
Planning Commission; approving Site Plan Review Application 95-26. lOA
B. Council Bill No. 1756 - Ordinance - Access condition on Site Plan
Approval 92-12 Holiday Inn Express Site. .lim
C. Council Bill No. 1757 - Ordinance adopting bylaws governing proceedings
of the City Council. ~
D. Council Bill No. 1758 - Ordinance imposing an additional motor vehicle
fuel tax. .lim.
E. Council Bill No. 1759 - Resolution authorizing a memorandum of under-
standing with the State Economic Development Dept. to complete
Woodland Avenue improvements. .1.Qf
F. Liquor license transfer of ownership: Senior Estates Golf and Country
Club. 1QE
G. Bid award: Mobile police response unit. 1.QG.
H. Engineering report - downtown alley project. .lilli.
11.
12.
13.
14.
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Site Plan Review 96-14 - Silvercrest Western Homes.
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A.
Rural Investment Fund Award, Woodburn Downtown Development
Plan Project.
Wastewater Plant expansion status/new temperature issue.
Residential user winter average information
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COUNCIL MEETING MINUTES
October 14, 1996
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE qF OREGON, OCTOBER 14, 1996.
CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey
presiding.
ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Kirksey
Chadwick
Figley
Hagenauer
Jennings
Pugh
Sifuentez
Present
Present
Present
Present
Present
Present
Present
Staff Present:
City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Police
Chief Wright, Community Development Director Goeckritz, Finance Director Gillespie,
Park & Recreation Director Holly, Public Worlcs Manager Rohman, City Recorder
Tennant
0004 EXECUTIVE SESSION.
JENNINGSIPUGH.... 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. 66O(1)(h). The motion passed
unanimously.
0016 Bill Kloos, Attorney representing Mar-Dene Corp. (owner of Wendy's), stated his
objection to the executive session without knowing what the content of information was
to be discussed. From their point of view, there is no statutory basis for having an
executive session in respect to the Wendy's land use issue. If the scope of the discussion
within executive session is limited to the current Circuit Court proceeding relating to
Wendy's. then the executive session is okay but if the scope of executive session
discussion pertains to the current land use issue then those discussions are not allowed
under state law. He also stated that there are provisions within the law that pertain to a
complaint procedure. His client decided to not to pursue any complaint process when
the Planning Commission held their executive sessions, however, he will be consulting
with his client to determine if they will proceed with a complaint. He reiterated his need
to make this objection since he was unable to get clarification from the City's Attorney
as to the scope of the discussion.
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October 14, 1996
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Mayor Kirksey read the legal authority under which the executive session will be held.
The Mayor and Council adjourned to executive session at 7:04 p.m: and reconvened at
7:27 p.rn..
0100 Mayor Kirksey stated that no action would be taken by the Council as a result of the
executive session.
0108 MINUTES.
Councilor Jennings stated that the minutes of September 23, 1996, top of page 3, needs
to be corrected to read "Senior Estates Golf & Country Club" rather than "Senior Estates
Homeowners Association" .
JENNINGSIPUGH.... approve the Council minutes of September 23, 1996 as corrected
and the workshop minutes of September 30, 1996; and accept the Planning Commission
minutes of September 26, 1996. The motion passed upanimously.
0140 ANNOUNCEMENTS.
Mayor Kirksey announced the upcoming meetings/presentation:
A) A public hearing before the City Council will be held on Tuesday, October 15,
1996, City Hall Council Chambers, 7:00 p.m., on the Esperanza Court Site Plan;
B) A Council workshop with PC Northwest (Human Resource Consultants) will be held
on Monday, October 21, 1996, 7:00 p.m., in the City Hall Council Chambers;
C) A Goal Review Workshop with the City Council, Planning Commission, Recreation
& Parks Board, Library Board, and Budget Committee will be held on Monday,
November 4, 1996, 7:00 p.m., in the City Hall Council Chambers; and
D) A Pool Plaque will be dedicated on November 25, 1996, 6:00 p.m., at the Aquatic
Center.
0154 CHAMBER OF COMMERCE REPORT.
Jerri Bosch, representing the Chamber of Commerce, highlighted the following events:
(1) Business Showcase will be held on October 24, 1996 at the Woodburn Armory
between the hours of 3:00 pm and 6:00 pm. This event is open to the public.
(2) The tulip planting project will continue through October 31st. Residents and
business owners are encouraged to plant tulip bulbs which will beautify Woodburn in the
spring and call attention to the Spring Tulip Festival.
0204 Joan Garren, President of Woodburn Together, updated the Council on their
organization's goals for this year along with upcoming events and projects. She stated
that, in general, the goals include 1) to Normalize Parenting Skills Building, 2) ftnancial
commitments to help sponsor community events, and 3) positive recreational activities
for the citizens of Woodburn. Woodburn Together is also co-sponsoring the Drug Free
Workplace program scheduled for October 25th. Additionally, a parent-party patrol
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program will be held to make parents aware of the liabilities and repercussions when
hosting a party for youth that involve dmg or alcohol. The organization will continue to
award mini-grants to assist with funding of various programs and encouraged
organizations to apply for funding if a program fits into one of the goal categories. She
stated that their organization is actively seeking funds for the Glatt House Art Studio
addition. The project cost is estimated at $130,000 of which approximately $60,000 has
been raised to date.
Mayor Kirksey applauded the Woodburn Together Committee for the good work they
have done and continue to do within the community.
~ PUBLIC HEARING - APPEAL OF INTERPRETATlONIPOTENTIAL
ENFORCEMENT OF ACCESS CONDmONS OF SITE PLAN APPROVAL #92-12
(HOLIDAY INN EXPRESS).
Mayor Kirksey declared the public hearing open at 7:32 p.m..
Attorney Shields explained the legal procedure for this hearing which includes 1)
opening the hearing, 2) declaring ex-parte contacts, 3) staff report which includes ORS
statement, 4) testimony by Holiday Inn Express, 5) testimony of Mar-Dene Corp., 6)
any other public testimony, 7) any consideration of requests to continue or have the
record remain open, and 8) close the public hearing and deliberate towards directing
staff to present at a future date an ordinance with fmdings and conclusions. He
reminded the Council that this was a de novo hearing and all records introduced will be
marked as exhibits.
Mayor Kirksey asked the Councilors if they had any ex-parte contacts or if anyone
needed to declare a conflict of interest. No one declared a conflict of interest or ex-
parte contact.
Recorder Tennant read the land use statement as required under ORS Chapter 197.
0500 Community Development Director Goeckritz entered the following into the record:
Exhibit #1 - Area Map; Exhibit #2 - Oregon Department of Transportation letter dated
November 5, 1991; Exhibit #3 - Access Condition; and Exhibit #4 - Access and Road
Improvement Diagram.
Director Goeckritz proceeded to review the staff report and provide background
information on the Holiday Inn Express development which was initially brought to the
City in 1991. During ODOT's review of the proposed development, a letter from
ODOT was received by the City regarding the traffic flow onto Highway 214 and ODOT
commented on future need of a median unless changes were made After several
meetings with ODOT representatives, it was agreed that closure of 1 of the 2 accesses at
J's restaurant (now Patterson's), closure of the access point onto Highway 214 at
Wendy's, and making a one-way access into Holiday Inn Express/Denny'slWendy's
would be acceptable to the State therefore not requiring the installation of a median on
Highway 214. As of this date, changes to the access points have taken place except for
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Wendy's who continues to use the east access point onto Highway 214. It was noted
that one of the conditions in the Phtnning Commission final order requires the
elimination of the driveway access closest to Fairway Plaza with an alternative access
accommodated off the Evergreen Road extension which was paid for by Holiday Inn
Express in cooperation with Fairway Plaza. As of this date, there is not a median down
the middle of Highway 214 however, it is still the prerogative of ODOT to install the
median if conditions are not met. However, he stated that he had discussed this issue
with ODOT prior to the issuance of the building permit and ODOT not no objections to
the issuance of building permit regarding the access condition. The remaining issue in
the site plan is the closure of the direct access into Wendy's off of Highway 214 and the
new opening onto the private roadway north of Wendy's. Director Goeckritz stated that,
within the staff report, the City is looking for voluntary compliance with this one
condition of approval imposed by the Planning Commission.
0945 Attorney Shields stated that Staff Exhibit #6 of the Planning Commission record, which
has also been entered into this record and certified as part of the Council record,
summarized the legal opinion (Memorandum Opinion #96-01) which had been requested
by the Planning Commission. Within the opinion, he referred to Section 5 which
addresses the following issue remaining on this site plan approval: If the Planning
Commission requires Holiday Inn Express to provide a northern driveway for Wendy's
(Mar-Dene) onto the Evergreen Road extension, without compensation, this would
subject the City to civil liability for an unconstitutional taking of property of Holiday Inn
Express property. He stated that, in his opinion, the City is in a position that, if they
were to force Holiday Inn to give up there northern access driveway without being paid
any compensation by Wendy's, it would subject the city to civil liability.
1117 Don McClain, Attorney representing the owner of Holiday Inn Express (Mr. Jensen),
placed into the record a packet of various letters and documents consisting of 21 pages
(known as Holiday Inn Express Exhibit 1). He reviewed the action taken by the
Jensen's to try and secure a voluntary agreement with Mar-Dene Corp. (Wendy's) but no
agreement could be reached which would be fair to all of the parties involved who had
already agreed on payment issue. He stated that the owner of J's Restaurant (now
Patterson's), along with other benefitted property owners, had voluntarily agreed to pay
1/8th of the cost (approx. $27,000) which is the same amount being asked from Mar-
Dene Corp.. Mar-Dene Corp. had only agreed to pay a maximum of $15,000 plus they
wanted the project to include a sidewalk which had not been on the proposed plans.
Fairway Plaza and Holiday Inn Express each paid a pro-rated share of cost for the
extension of Evergreen St and the installation of the traffic signal. As of this date, no
curb cut has been made on the private access to the north of Wendy's which is owned by
Holiday Inn Express since they have not been willing to pay their share of the costs
which had been determined as reasonable costs by all other property owners in the
benefitted area.
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1435 Bill Kloos, Attorney representing Mar-Dene Corp. (Wendy's), placed into the record a
packet of various letters and documents consisting of 14 pages (known as Wendy's
Exhibit #1). In his opinion, the City should not be concerned with the negotiations
between Holiday Inn Express and Mar-Dene Corp.. The Planning Commission has
reviewed the development proposal and identified an access problem at that time. In the
original fmdings and conclusions, the property owners were to have reached an
agreement and received prior approval from the City and ODOT on the agreement
before a building permit would be issued. Attorney Kloos proceeded to go through a
chronological account of the events leading up to this the fIling of the lawsuit in Circuit
Court in April 1995 and LUBA's remand back to the City in August 1995.
Attorney Kloos also objected to Attorney Shields' statement regarding the City's
potential liability on this issue. Mr. Kloos stated that Wendy's has made very clear
offers to Holiday Inn Express which should not be considered as the Council's problem.
The mistake made by staff was in issuing the building permit prior to obtaining an
agreement from all parties by Holiday Inn Express. The staff lost its leverage in getting
full compliance with a condition of approval once the building and occupancy permits
were issued. He also reminded the Council that there is nothing in the Planning
Commission documents that require cash compensation to Holiday Inn Express.
2058 Mayor Kirksey reminded the parties that rebuttal statements would be allowed on
specific issues brought up during this hearing.
Attorney McClain stated that the explanation they have never received from Mar-Dene
Corp. is why 3 or 4 neighbors should pay almost double the amount that Mar-Dene
Corp. is willing to pay. He stated that patrons of Wendy's are currently using the west
side of the driveway to get to Evergreen and that is okay with Holiday Inn Express. He
also stated that Mr. Kloos contends that a median is going to happen on Highway 214.
Mr. McClain does not feel that the median will be installed and his client hopes to be
able to forestall this type of action by ODOT by having all parties comply with the
condition originally approved by the Planning Commission. Holiday Inn Express is still
willing to allow curb cuts on the north side of Wendy's provided they participate in
funding in an amount equal to other owners paying 1I8th share of the costs.
2245 Attorney Kloos stated that the issue is not the details of the negotiations but the fact that
the City should not be trying to negotiate for two (2) parties.
2335 Director Goeckritz emphasized the following issues:
1) The City's Transportation Plan which has been adopted identifies that there would be
no median strip on Highway 214. He reminded the Council that ODOT participated in
the formation of this plan and did not object to the plan document.
2) The development proposal began in 1991 and the condition of approval on the access
issue was placed in the Planning Commission's fmdings to encourage negotiations and
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make things happen. The majority of the participants had agreed to the allocation of
costs prior to the issuance of the building permit.
3) It was an administrative decision to issue the building permit in 1993. However,
staff did take the issue back to the Planning Commission since he did not feel that the
condition was enforceable, therefore, the development could begin along with
improvements to the Highway and extension of Evergreen Road.
Councilor Jennings questioned a letter received from OOOT dated September 12, 1996
regarding the removal of the diverter at the north end of the entrance driveway to
Holiday Inn Express and Denny's Restaurant.
Director Goeckritz stated that staff had contacted Holiday Inn Express immediately after
receipt of the letter and found out that Holiday Inn Express had removed the barrier.
They have since comeback with a landscape design for that driveway entrance which
includes a fence and a fence diverter has been placed at the north end of the driveway
which would discourage the driveway as an exit point.
2576 Mayor Kirksey closed the public hearing at 8:37 p.m..
Councilor Pugh expressed his opinion that the direction the Planning Commission has
taken is the way to go on this issue.
Councilor Jennings agreed with Councilor Pugh and stated that he had not seen or heard
any evidence to overturn the Planning Commission's decision.
Mayor Kirksey expressed her concern on Attorney Kloos's statement regarding the
Community Development Director's issuance of the building permit and, in her opinion,
he should not take the hit for this issue.
Attorney Shields went through the rest of the procedura1list that he had provided at the
start of the meeting and he did state that neither party (Holiday Inn Express or Mar-
Dene Corp.) had made a request for the record to remain open.
2940 JENNINGS/PUGH. .. fmd that the City Council fInds that it vested with jurisdiction to
consider compliance with and the enforcement and/or not enforcement of the access
condition before the Council. The issue involves a land use decision is a discretionary
determination under the Woodburn Zoning Ordinance as opposed to an administerial
decision. The parties have been afforded and have availed themselves of the full quasi-
judicial hearing process. That the Council fInds based on the fmdings and conclusions
contained in Exhibit A of the Planning Commission which is attached hereto and by this
reference incorporated herein, that the access condition originally imposed on Site Plan
Review #92-12 has been substantially complied with and the Council based upon those
findings and conclusions will take no further action to enforce the access condition
originally imposed on Site Plan Review #92-12 as set forth above.
On roll call vote, the motion passed unanimously.
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COUNCIL MEETING MINUTES
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Attorney Shields stated that staff will prepare an ordinance for Council consideration at
their next regular meeting at which time the Council will consider a final land use
action.
The Council took a break between 8:50 pm and 8:55 pm..
C~':CIL BILL 1751 - ORDINANCE AMENDING ORDINANCE 1638 TO
M IFY TIlE DEFINITION OF AN ANIMAL RUNNING AT LARGE (3rd
Readina).
Council Bill 1751 which was read by title only since there were no objections by the
Council. At the last regular Council meeting, the bill had been read twice but did not
receive a UJ'lanimous vote from the Council, therefore, it was brought back before the
Council at this meeting.
On roll call vote, the bill passed by a vote of 5-1 with Councilor Pugh voting nay.
As a procedural point, Councilor Jennings questioned the designation of this reading as a
"3rd reading".
Attorney Shields stated that he would research the Charter provision and report back to
the Council.
Mayor Kirksey declared Council Bill 1751 duly passed with the emergency clause.
COUNCIL BILL 1753 - RESOLUl'ION AUTHORIZING INTERDEPARTMENTAL
BORROWING OF FUNDS DURING FISCAL YEAR 1996-97.
Council Bill 1753 was introduced by Councilor Hagenauer. Recorder Tennant read the
bill by title only since there were no objections from the Council.
Councilor Pugh referred to a memo he had written in September 1995 on this issue and
reiterated that he was uncomfortable in passing this type of Resolution since it places no
control on the spending habits of department managers other than providing a bottom
line annual appropriations amount. Brief discussion was also held on the net effect of
interest earnings to the affected funds.
Finance Director Gillespie stated that some funds rely on property tax dollars and/or
reimbursement through grant funds as the major revenue source. Since property taxes
are not received until November, those funds with a limited cash flow at the beginning
of the fiscal year need to borrow funds from other city funds in order to pay incurred
expenses. Interest is charged to the borrowing fund so that the lending fund does not
suffer a loss in interest revenue it would have normally received if the loan had not been
made.
Further discussion was held and the Mayor agreed to appoint a Council sub-committee to
meet with staff to address this issue.
On roll call vote for fInal passage, the bill passed 5-1 with Councilor Pugh voting nay.
Mayor Kirksey declared Council Bill 1753 duly passed.
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0420 COUNCIL BILL 1754 - RESOLUfION ESTABLISHING AN APPLICATION FEE
FOR AN EXPEDITED LAND DIVISION.
Council Bill 1754 was introduced by Councilor Hagenauer. Recorder Tennant read the
bill by title only since there were no objections from the Council.
Councilor Figley questioned staff on the definition of an expedited land division.
Attorney Shields stated that this is a legislative action from the last State legislative
session which does not involve a land use and would generally involve a partition or
subdivision. An expedited land division is an administrative process that involves no
public hearing and appeals are submitted to a referee that is outside the influence of local
jurisdiction. Once ftled, only property owners within 100ft of the affected area are
notified rather than the 250 ft required for land use issues. The statute provides for fees
to be set at an amount to recover full costs. Staff surveyed surrounding communities
and had determined that $3,200 would be a fair application fee for this type of process.
Following a brief discussion on the proposed application fee, roll call vote was taken
with the Councilors voting unanimously in favor of the bill. Mayor Kirksey declared
Council Bill 1754 duly passed.
~ BID AWARD - DATA PROCESSING STRATEGIC PLAN.
Proposals for the strategic plan had been reviewed by staff and a recommendation was
made to the Council to award the bid to Moss Adams LLP in an amount not to exceed
$12,000 which is within the budgeted amount for this project.
JENNINGS/FIGLEy.... award the bid for the Data Processing Strategic Plan to Moss
Adams in an amount not to exceed $12,000.00.
Director Gillespie briefly reviewed the framework in which the plan would be
formulated and the fmal product will give the City a guideline in which to follow over
the next 5 years addressing software, hardware, funding, staffing, and training without
identifying specific brand-name products to purchase.
The motion to award the bid passed unanimously.
0826 LIOUOR LICENSE CHANGE OF OWNERSHIP APPLICATION - PLAYA de
ORO.
A change of ownership application was submitted by Lincoyan and Alba Cea for their
business, Playa de Oro, which was previously owned by Salvador Rodriguez. Staff
recommended that the applicants be approved for the transfer of the liquor license with
the twelve license restrictions attached and, furthermore, the Council deny the proposed
Assistant Manager Bedoya application.
Councilor Jennings expressed his concern regarding potential denial of employment
rights to an individual, however, after discussing this issue with the Police Chief, he had
found that this individual could, after 30 days, take a Server's class then resubmit his
application to OLCC.
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JENNINGS/FIGLEY... recommend to OLCC to approve the application of Lincoyan
and Alba Cea for the transfer of the liq~or license with the twelve restrictions and deny
the proposed Assistant Manager Bedoya application. The motion passed unanimously.
~ APPROVAL OF CLAIMS.
SIFUENTEZlFIGLEY. ... approve claims #33723 - 34048 for the month of September
1996. The motion passed unanimously.
Q2M STAFF REPORTS.
A) Human Rights Committee --
Based on the information provided in the memo from Chief Wright,
JENNINGS/FIGLEY... concur with the Police Chiefs request that the sunset clause be
extended for six (6) months.
Councilor Jennings expressed a desire to give the Committee an opportunity to develop
their agenda in concert with the mission and purpose of the Committee and to solicit
participation from other community organizations in hope that it will bring a broader
representation of community participation. He suggested that the Council consider a one
(1) year extension of the sunset clause rather than having the staff come back to the
Council after 6 months to request another extension.
Councilor Jennings changed his motion to read 1 year and Councilor Figley agreed to
the change.
The motion passed unanimously.
B) League of Oregon Cities Annual Conference Registration Information -- The Annual
Conference will be held in Port1and, November 15-17, and funds have been budgeted in
the Mayor/Council budget for registration and lodging. Councilors interested in
attending this year's conference are asked to contact his secretary or himself by
November 1st.
C) Mayor's Statement on State Prison Construction -- Mayor Kirksey stated that the
letter, put together by the Mid-Willamette Valley Mayor's Coalition, bas been sent to
State Officials opposing the citing of a prison in Marion County.
D) Building Activity Report for the month of September 1996
E) Mill Creek Pump Station - Program Status Report -- The electrical upgrade project
should be completed by October 25th. Staff also reported that another problem will need
to be addressed by next budget year in that the foundation pads supporting the pump
have become loosened and further inspections will be necessary to determine the extent
of damage and the method to use to fix the problem.
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F) Leaf Pick-Up Program -- Public Works Director Tiwari reminded the public that
sidewalks and roadways are quite dangerous when leaves are left laying in the roadway
and/or on sidewalks especially after it has been raining. Leaves" can be disposed of at
the Wastewater Treatment Plant between October 28th and December 20th. The street
sweeper will be increasing its sweeping rounds in the downtown area and main areas
leading to the schools, however, residents are asked not to rake the leaves into the street.
It was also noted that leaves plug up the catch basins causing a stormwater problem in
the streets. Other options available to the residents include composting on private
property, composting at the Marion County land fill site, and the pick-up of bagged
leaves by United Disposal as part of the regular garbage service. It was noted that
utilizing the land fIll site for composting or the garbage service will involve charges to
the customer for the service.
Tom Waggonner, 849 Woodland, stated that the leaves in Burlingham Park are raked
into the ditch which also creates a water problem in that area.
Mayor Kirksey stated that staff will look into this situation.
1405 MAYOR AND COUNCn.. REPORTS.
Councilor Figley thanked the staff for the leaf report. She also complimented the Mayor
on the letter sent to local businesses who sell spray paint regarding the possibility of
keeping them locked up and out of the hands of minors.
Councilor Jennings questioned the status of the gas tax. proposal.
Director Tiwari stated that an ordinance will be on the agenda for the fIrSt meeting in
November.
Councilor Sifuentez requested that staff contact Marshall Serna regarding the problem he
has been experiencing with a dog in his yard.
Chief Wright reiterated that the new ordinance requires that all dogs which you own
must be on a leash if they are not on your property.
Mayor Kirksey informed the Council that she will be excusing herself from sitting on the
bench at the public hearing tomorrow night due to a potential conflict of interest.
1593 ADJOURNMENT.
JENNINGS/PUGH.... meeting be adjourned.
The meeting adjourned at 9:47 p.m..
APPROVED
NANCY A. KIRKSEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
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Executive Session
COUNCn.. MEETING MINUTES
October 14, 1996
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, OCTOBER 14, 1996.
CONVENED. The Council met in executive. session at 7:05 p.m. with Mayor Kirksey presiding.
ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Kirksey
Chadwick
Figley
Hagenauer
Jennings
Pugh
Sifuentez
Present
Present
Present
Present
Present
Present
Present
Mayor K.irksey remindM the Councilors, staff, and press that information discussed in executive
session is not to be discussed with the public.
Staff Present: City Adminimator Childs, City Attorney Shields, City Recorder Tennant
Press: Patrick: Johnson, Woodburn Independent; Meghan 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 7:25 p.m..
APPROVED
NANCY A. KIRKSEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - Executive Session, Council Meeting Minutes, October 14, 1996
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SPECIAL COUNCIL MEETING MINUTES
October 15, 1996
DATE. COUNCIL CHAMBERS, CITY BALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, OCTOBER 15, 1996.
CONVENED. The Council met in special session at 7:00 p.m.
with Mayor Kirksey presiding.
ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Kirksey
Chadwick
Figley
Hagenauer
Jennings
Pugh
Sifuentez
Present
Present
Present
Absent
Present
Present
Present
Staff Present:
City Administrator Childs, City Attorney Shields, Community
Development Director Goeckritz, City Recorder Tennant
Mayor Kirksey stated that she has had ex-parte contacts and
she feels that she has a conflict of interest since she has
been very vocal about the process, therefore, she is stepping
down from the bench and Council President Jennings will run
the hearing.
PUBL:IC RRU:ING - SITE PLAN REV:IEW #95-26 - - BSPERANZA COURT.
Council President Jennings declared the public hearing open at
7:05 p.m..
President Jennings stated that he has had several telephone
calls from individuals on both sides of the issue but he had
informed each of them that he could not take testimony from
them and that they needed to be at this hearing.
Councilor Sifuentez stated that she had calls from both
parties and she told them to be at this meeting, some of which
are in attendance.
Councilor Figley also stated that she spoken with people about
the issue in passing. She had informed those individuals that
the testimony received at tonight's hearing is what she will
need to consider in order to make a decision and everyone of
those individuals have respected her answer some of which are
in attendance at this meeting.
Recorder Tennant read the land use statement required by ORS
Chapter 197.
Attorney Shields reviewed the legal criteria listed in the
zoning ordinance for evaluating a site plan. He stated that
the application is before the Council for review, after being
decided by the Planning Commission by final order, and after
being called up by the City Council at a previous meeting.
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Council President Jennings established the ground rules for
this hearing, that being no time limit will be placed on the
applicant or staff report but a 5-minute time limit will be
placed on "testimony from proponents and opponents. Attorney
Shields has conferred with the Attorney from Esperanza Court
on this issue. He informed the audience that if anyone is not
able to present their testimony within 5 minutes, they submit
it in writing to the City Recorder so that it may be
considered as evidence.
Community Development Director Goeckritz submitted into the
record as Exhibit #1 the following letters: 1) public
testimony dated August 8, 1996 submitted by Farmworker Housing
Development Corporation, and 2) public testimony dated August
1, 1996 from Western Computer Management Corporation.
Director Goeckritz reviewed the following options available to
the Council: 1) approve the Planning Commission's Final Order
#95-26, 2) approve but modify the Planning Commission's Final
Order #95-26, or 3) deny the Planning Commission's Final Order
of Approval #95-26.
Council President Jennings informed the audience that
Councilor Hagenauer is ill and would not be in attendance at
this meeting.
Director Goeckritz continued his presentation and described
the location of the property (south of Cleveland/east of First
Street). The property is currently zoned Commercial and
multi-family residential housing is a permitted use in the
Commercial zone. The proposed development consists of a 12-
unit complex, 2-story height, consisting of approximately
32,000 square feet. In addition, an office complex
(approximately 1,500 sq. ft.) will house the Farmworker
Housing Development Corp. (FHDC) staff. The buildings do meet
the criteria on the amount of square footage needed to rest on
the site along with the off-street parking criteria. As a
condition of approval, the Planning Commission is requiring 2
off-street loading spaces. All of the setback requirements
will be met and the landscaped area will more than adequately
meet the established requirements. FHDC will also be
installing a tot lot surrounded by a 3 foot fence and have
expressed a willingness to install bike racks. He reviewed
the location of the driveways onto Cleveland Street and Oak
Street along with the design of the building. The office
complex will be a separate unit, one-story in height, which
will be constructed of the same building materials so that it
will meld with the complex. Signage for this development will
be placed behind the setback area. He stated that the
applicant has met or is willing to meet all of the conditions.
Page 2 - Special Council Meeting Minutes, October 15, 1996
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The Planning Commission Final Order recommends approval of
this site plan.
Councilor Figley.stated that the hearing is a site plan review
and questioned if any other criteria needs to be considered.
Director Goeckritz reiterated that this development is a
permitted outright use within this zone.
Ellen Johnson, Attorney representing FHDC on Esperanza Court,
provided a history of the development which included 6 months
of work with City staff before the application was filed. The
site plan had been approved by the Planning Commission,
however, the City Council had decided to bring this issue
before them for review. Since FHDC had not received any
notice of a particular concern on this application, it is
their understanding that the only issue before the Council is
whether or not Esperanza Court complies with the applicable
standards. She also stated that she would object to the
introduction of testimony on any other issue. Additionally,
she stated that FHDC reserves the right to submit final
written arguments within 7 days after closure of the record as
provided for within ORS Chapter 197. She noted that several
exhibits had been entered into the record by the City Recorder
just prior to the start of this meeting. She cited specific
state statutes that set specific limitations on the local
governments ability to prevent farmworker housing and the
woodburn Zoning Ordinance has not been amended to reflect
these state-wide amendments. In ORS 197.312, it prohibits the
City from applying any approval standards, special conditions,
or procedures on seasonal and year-round farmworker housing
that are not clear and objective or the have the affect either
in themselves or cumulatively of discouraging year-round
farmworker housing through unreasonable cost or delay or by
discriminating against such housing. Esperanza Court is an
effort to provide much needed housing in this area and all of
the units will be occupied by very low-income farmworkers.
She stated that it is FHDC's position that the Council must
incorporate the state statutes into the local criteria when
considering FHDC's application and must also comply with the
federal Fair Housing Act which makes it illegal for the City
to otherwise make it available or deny a dwelling to any
person because of race, religion, sex, color, familial status,
or national origin. In conclusion, she reminded the Council
of applicable criteria and standards which need to be followed
when reviewing the application and making a final decision.
Greg Winterowd, Land Use Planner, office at 700 N. Hayden Dr,
Portland, stated that he had been a staff person at LCDC in
the early 1980's and, at that time, had reviewed Woodburn's
Comprehensive Plan and Zoning Ordinance for compliance with
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SPECIAL COUNCIL MEETING MINUTES
October 15, 1996
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state-wide planning goals including goals in housing.
Subsequent statutes have been adopted to specifically identify
as-needed housing, farmworker housing, and government assisted
housing. He began his work on this project in March 1996 to
work with staff to re-design the development to meet the
applicable zoning standards. By the time the application was
submitted to the Planning Commission, each standard within the
code had been met. During the Planning Commission hearing,
there was no opposition to the proposed development. In the
final order, the Planning Commission did require two (2) off-
street loading spaces for the complex and office structure.
He requested that the Council voice any issues they may have
on this site plan prior to the close of the hearing so that
they would have an opportunity to respond to the specific
issue(s). He reiterated that the site plan is only subject to
standards explicitly stated in the zoning ordinance and it
explicitly states that plan policies in the comprehensive plan
cannot be used as approval criteria. The legislature made the
statutory changes since some local governments had taken
policies out of their plan and applied them to deny locally
unpopular projects. He stated that in the record there is a
memorandum from Attorney Shields which substantiates his
comments. He briefly reviewed and explained the following
criteria which applies to this application: 1) building
layout, 2) landscaping, and 3) parking. He reiterated that
FHDC is willing and eager to meet each and every condition
recommended by the staff and confirmed by the Planning
Commission.
1375 Alma Grijalva, Executive Director of FHDC, stated that FHDC is
a non-profit corporation which was incorporated in 1990.
Their first housing development was Neuvo Amanecer (located at
1274 N. Fifth St.) and the proposed Esperanza Court
development would house an additional 12 farmworker families.
She provided statistical data on farmworkers as it relates to
work performed, hearings, population in Marion County, age and
family size, and housing needs. She stated that FHDC has
worked with City staff to meet all of the City's standards and
she urged the Council to support the Esperanza Court
development project.
1750 Eloy Barrera, 17311 Boones Ferry Rd., spoke as a proponent for
the project citing the need for more farmworker housing within
our community. His family came to this area in 1949 and he
related his early experiences with housing shortages to
farmworkers which is very similar to the problems farmworkers
are experiencing today. In his opinion, the Esperanza Court
project will provide much needed housing to farmworker
families in addition to being a benefit to the community.
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Guadalupe peralta. resident at Neuvo Amanecer. briefly
provided the Council with the type of living conditions her
family has experienced while she has been in this area and
before her family waS able to secure an apartment at Neuvo
Amanecer. She expressed her support of the Esperanza Court
project.
Ramon Ramirez. Vice president of FHDC & president of pCUN.
stated that farmworkers are still not afforded many of the
rights and benefits enjoyed by other workers. Some
far11\Workers do not have homes while others live in labOr camps
or in their cars. In his opinion, Esperanza Court meets the
site plan criteria and would be a positive step in rectifying
and improving affordable housing in our community.
Yolanda Martinez, stated that her husband has been a
far11\Worker in the united states for 10 years and she came to
this country in 1995 so that they could live as a family.
Housing is limited and they currentlY live in a garage waiting
for an affordable apartment. She expressed her opinion that
Esperanza Court will benefit families like theirs to obtain
suitable housing.
Al Nunez, former founding president of FHDC, provided a brief
histOry on reasons for the formation of FHDC and the
development of Nuevo AmaOecer which has proved to be a very
successful farmWOrker housing project. He advocated the
approval of the Esperanza court project which does meet the
relevant criteria and would also provide much needed
affordable far11\Worker housing in the woodburn area.
Job Pozos, FHDC Board member since 1994, spoke in favor of the
site plan application citing the need for additional
farmworker housing in our area.
Celia Nunez, EXecutive Director for the Hispanic Affairs
comm~ssion, expressed her support (along with the
comm~ssion's) for Esperanza court citing the need for
afford~bl~ far11\W~rker housing in this area. In her opinion.
the bu~ld~ng des~gn and open space will enhance the area in
which it will be located.
2604
Larry Klienma~, c~-founder ~nd Secretary of pCUN. expresser
su~por~ of th~S s~te plan s~nce it meets all of the requi'
cr~ter~a. poor housing conditions contribute to an as soy
of problems and ~ndermines good physical and mental hea"
s~lf-esteem, fam~ly relationshiPs, and equitable relat'
w~th.employers. He also urged the Council to make'
comm~tment to provide adequate housing for farmwo:
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Attorney Shields suggested that a waiver not be given by
Council President Jennings who so decided that no additional
time would be granted.
Ellen Johnson expressed her appreciation to the Council for
the time they allowed in submitting testimony. She also
stated that are requesting'to submit final written arguments
within 7 days after the hearing is closed.
Attorney Shields briefly summarized the request of the
applicant and the Council's ability to close the hearing after
receiving the all of the applicant's rebuttal statements.
Greg Winterowd reiterated that the land as zoned allows for
multi-family residential as a permitted outright use.
Secondly, the Planning Commission Procedure Manual is not a
decision criteria and is irrelevant to the proceedings. He
reminded the Council that the statutes supersedes any manual
the City hands out to the Commission. Thirdly, in his
opinion, the Comprehensive Plan is irrelevant to this decision
and it is inappropriate to use a plan policy to try and
overturn what is permitted outright use under zoning. He re-
read the ORS Chapter 197 excerpt on this issue and, in his
opinion, the suggestion made by Nancy Kirksey cannot be done
by the Council.
Councilor Sifuentez questioned Attorney Shields on the
Comprehensive Plan issue.
Attorney Shields referenced his February 1996 memorandum to
the Commission on the issue addressing the legislative changes
which now provides that the criteria are the criteria listed
earlier during this hearing.
Councilor Chadwick expressed her sympathy for those
individuals who are homeless or unable to afford decent
housing, however, she did question how many individuals would
be living at each unit.
Alma Grijalva stated that FHDC has strict occupancy rules and
they do have inspections regularly to monitor those rules and
they have been successful. They do follow the standard
housing guidelines and for a two-bedroom apartment they would
probably have 4 individuals living in that apartment. Renters
enter into a one-year lease which is renewable. FHDC does
work with their tenants toward home ownership.
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Council President Jennings declared the public hearing closed
at 10 :40 p.m..
Attorney Shields stated that the Council has now closed the
public hearing and closed the record. Under the statute, the
applicant has the right to submit in 7 days written arguments
but no additional testimony. His advice to the Council was to
deliberate to the point where they would make a motion to
direct the staff to prepare an ordinance but no final land use
action will be taken until the ordinance is adopted.
Councilor Pugh stated that, as an observation, there is a need
for additional farmworker housing and a build out of Neuvo
Amanecer should be done as soon as possible. Secondly, he
said that maybe he misunderstood, but there was a comment made
by the applicant's attorney that a "no vote" would be an act
of discrimination and he resented that type of a threat
brought before the public body. He feels that the Planning
Commission had carried out their duty and this matter had been
decided by them based on the land use laws they were required
to follow. He outlined his views on land use laws in general
and also stated that since he was unable to vote his
conscience on this issue, he would be abstaining from voting.
Councilor Figley expressed her views on this subject stating
that the Council needed to hold this hearing since it has been
so controversial. She felt that the Planning Commission had
done a good job on this site plan application and she will
vote to uphold the Planning Commission's final order. In her
opinion, rules need to be followed by all and, if so, the
developer has a right to develop their property within the
established rules.
Councilor Sifuentez stated that at the beginning, she was
indecisive about the project since she has also envisioned
this location as a potential site for a community center. She
wants to see this community as a Community of Unity and she
has tried to build this bridge. Nancy Kirksey has worked very
hard to get Hispanics not only involved in the community but
also city government. In summary, the developers have
followed the rules in preparing this site plan, therefore, she
will be upholding the Planning Commission decision. The City
should have purchased the land back when it was available.
She also expressed her concern over comments made about the
cost of education since children are the future of a community
and educating those children is in the best interest of all of
us.
Councilor Chadwick stated that the testimony shows that there
is a great need for low incomejfarmworker housing, however,
residents she has talked to, and she agrees with them, that
Page 9 - Special Council Meeting Minutes, October 15, 1996
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October 15, 1996
the downtown area is not an appropriate place for residential
housing of any kind. She feels that another location would
better and they could build a larger complex to accommodate
more people.
Council President Jennings stated that FHDC has complied to
the letter of the law and beyond, therefore, he feels bound to
uphold the Planning Commission's final order.
FIGLEY/SIFUENTEZ... move that staff prepare an ordinance which
indicates are approval of the Planning Commission's Final
Order SIR #95-26 with findings, conclusions, and conditions of
approval.
On roll call vote, the vote was 3-1-1 with Councilor Chadwick
voting nay and Councilor Pugh abstaining.
ADJOURNMENT .
FIGLEy/PUGH.... meeting be adjourned. The motion passed
unanimously.
The meeting adjourned at 10:55 p.m..
APPROVED
NANCY A. KIRKSEY, MAYOR
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 10 - Special Council Meeting Minutes, October 15, 1996
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MINUTES
WOODBURN PLANNING COMMISSION
October 10, 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
Present
Present
Present
Present
Present
Absent
Present
Present
Staff Present:
Steve Goeckritz, Community Development Director
2) MINUTES:
Commissioner Palmer moved to approve the minutes of September 26, 1996
as written.
Commissioner Warzynski seconded the motion.
A vote was taken and the minutes of September 26, 1996 were accepted as
written.
3) BUSINESS FROM THE AUDIENCE:
None
4) COMMUNICATIONS:
Staff stated he received notice the joint WDA and City planning and
implementation grant request for the Woodburn Downtown Historic District
would be approximately $35,000.
5) CLOSED PUBLIC HEARING:
A. Zone Change 96-04, Site Plan Review 96-13, Variance 96-06
Tim Buffington for Ford Husfloen - Final Order
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Commissioner Schultz, Commissioner Henkes and Vice Chairperson Atkinson
stated that since they were absent during the publiC hearing and the discussion
of this proposal, they would be abstaining from voting.
Commissioner Palmer made the motion to approve the Final Order for Zone
Change 96-04, Site Plan Review 96-13 and Variance 96-06.
Commissioner Frawley seconded the motion.
A roll call vote was taken:
Chairperson Bjelland
Vice Chairperson Atkinson
Commissioner Warzynski
Commissioner Henkes
Yes
Abstain
Yes
Abstain
Commissioner Schultz
Commissioner Frawley
Commissioner Palmer
Commissioner Will
Abstain
Yes
Yes
Yes
The motion passed.
6) DISCUSSION ITEM:
A. Draft Access Management Ordinance
Staff stated this ordinance was recognized by ODOT as the most
comprehensive program regarding access management on State Highways in
the State of Oregon to date. He told the Commission he would be bringing this
before them as a public hearing in the near future.
There was further discussion among Commission members and staff regarding
the Access Management Plan.
7. REPORTS:
None
8) BUSINESS FROM THE COMMISSION:
Commissioner Palmer had some questions for staff:
A. Status of Wendy's suit?
Staff stated a public hearing on this matter was scheduled in front of the City
Council on October 15, 1996.
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B. Status of laPointe's Texaco Station?
Staff stated this had been taken to LUBA and staff had not heard if a
resolution had been reached.
C. 10 Badges
Staff stated Ken Wright, Police Chief is responsible for those, staff suggested
Commission members call and ask about the 10 Badges.
o. The Last parking Space in front of Salvador's Store downtown.
Commissioner Palmer was concerned about striping the curb corner as a no
parking area for better site visibility at that corner.
Staff stated he would talk to the Street Department.
Commissioner Frawley commented on the chipping away of the tax base, due
to the overload of housing that does not contribute to that base.
Commissioner Schultz stated she felt that Marion County Housing was sincere
when they stated they had not built any housing in Woodburn in quite some
time and did not have plans to build soon. She was curious if private owners
could be stopped.
Staff stated they can not be stopped as long as they meet all the standards.
Commissioner Warzynski asked if the parking lot between Garfield and Hayes
belonged to the City? She said if it did, she would like to see it turned Into a
plaza type area.
Staff was not sure who the parking lot belonged to.
Chairperson Bjelland stated she was curious about loitering laws. If there were
loitering laws in place, more families would use the downtown area.
Chairperson Bjelland stated she also felt City Hall should start thinking about
expansion twenty years from now. She stated the area where the small deli
was supposed to be built, should be an overlay zone area or something to
protect it for future use as a parking area.
Commissioner Atkinson asked where the freeway development was going to
be.
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Staff stated by the time Waremart opens its doors, the off ramp will be
widened to two lanes, allowing right and left turns at the same time. The
signal will also be put in place. There will be other substantial improvements.
There was further discussion on the freeway access.
Commissioner Atki.nson stated there was such a tight turn to go right if you are
on 99E to turn east onto Uncoln, someone could get hit if waiting at the signal.
Another area he was concerned with is Hwy 214 at 3:00 in the afternoon
when school lets out, it becomes a 20 mile an hour zone and nobody does 20
miles an hour. .
There was further discussion regarding Front Street, Hwy 214 and the south
by-pass.
Commissioner Will asked why there was no building report.
Staff stated it would be in the next packet.
Commissioner Will asked about the survey.
Staff stated the survey has not been sent out due to the shortness of
employees in the Planning Department at this time.
Commissioner Will asked if the Commission and the City Council were ever
going to have a workshop on Zoning.
Staff stated it there is going to be a Goal Setting Workshop in the very near
future.
There was further discussion regarding freeway access, industrial zones and
zoning in general.
9 ADJOURNMENT:
Commissioner Palmer made the motion to adjourn the Planning Commission
meeting.
Commissioner Schultz seconded the motion.
A vote was taken, the Planning Commission meeting adjourned.
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MEMO
TO: COUNCIL PRESIDENT AND CITY COUNCIL
THRU: CITY ADMINISTRATOR
FROM: STEVE GOECKRlTZ, COMMUNITY DEVELOPMENT DIRECTOR ':>L~
SUBJECT: SITE PLAN REVIEW 95-26, ESPERANZA COURT
DATE: OCTOBER 22, 1996
Attached for your consideration please find the final written argument submitted on
behalf of the applicant. Staff has also prepared an ordinance, with findings and
conclusions, for City Council approval.
NRS/kv
Attachment
~
Mr. Chris Childs
Woodburn City Manager
207 Montgomery
Woodburn, Oregon 97071
RE: Pinal Written Argument
Dear Mr. Childs:
OREGON LEGAL SERVICES CORPORATION
HILLSBORO REGIONAL OFFICE
230 NORTHEAST SECONO. SUITE A
HILLSBORO. OREGON 97124-3089
[503) 648-7163
October 21, 1996
lOA
1R1~~~n~IE[o)
uCT 2 ~ 1996
Enclosed is Farmworker Housing Development Corporation's final written argument.
Please place it in FHDC's application file for Esperanza Court.
EJ :mcs
Encl.
cc: Mr. Shields
-
, \
10A
OREGON LEGAL SERVICES CORPORATION
HILLSBORO REGIONAL OFFICE
230 NORTHEAST SECONO. SUITE A
HILLSBORO. OREGON 97124-30B9
(503) 648-7163
October 21, 1996
Mr. Chris Childs
Woodburn City Manager
207 Montgomery
Woodburn, Oregon 97071
RE: Farmworker Housing Development Corporation ApplicationlEsperanza Court
Dear Mr. Childs:
Please consider this letter to be the written rebuttal argument presented on behalf of the
applicant, PHDC. I appreciated the patience of the City Council in listening to the many
witnesses who wanted to speak. Because this is a rebuttal, I will only address the issue raised
by the opponents.
THE COUNCIL'S DECISION MUST BE BASED ON APPLICABLE CRITERIA
This hearing was called to determine whether the criteria for evaluating a plan site as
listed in Section 11.070 of the Woodburn City Code were met by the applicant. Multi-family
residential housing is an outright permitted use at this location. Whether residential housing or
multi-family housing should be permitted at this location is not before the City Council in this
hearing.
The witness speaking in opposition asked the City council to reject the application based
on criteria not listed in the applicable City Ordinance, Section 11.070. The Mayor, speaking
as a witness from the audience, encouraged the City Council to reach a decision based on
language in the planning commission training manual and the comprehensive plan. She and
other witnesses in opposition did not support residential or multi-family residential use at this
location. Another witness suggested that his housing would cost schools more money. State law
does not permit the City Council to use criteria stated in the comprehensive plan regardless of
anything written in the planning commission training manual.1 The City Council must make
the decision based on the criteria listed in the applicable ordinance, Section 11.070.
lORS 197.195(1) provides that Within two years of September 29, 1991, cities and counties
shall incorporate all comprehensive plan standards applicable to limited land use decisions into
their land use regulations. If a city fails to incorporate its comprehensive plan provision it may
not be used as a basis for a decision by the city.
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Mr. Chris Childs
October 21, 1996
Page 2
The City of Woodburn's attorney, the City's planner, FHDC's attorney, and FHDC's
planner all agree that the criteria applicable for evaluating this site plan are found in Section
11.,070 of the Woodburn Zoning Ordinance. The City's attorney displayed this criteria on the
overhead projector prior to the hearing. He advised the City Council that Section 11.070
provided the only applicable criteria. The public was told to direct comments toward these
criteria. Section 11.070 of the Woodburn City Code provides as follows;
Criteria for Evaluating a Site plan. The following criteria shall be used in evaluating a
Site Plan:
(a) The placement of structures on the property shall minimize adverse impact on
adjacent uses.
(b) Landscaping shall be used to minimize impact on adjacent uses.
(c) Landscaping shall be so located as to maximize its aesthetic value.
(d) Access to the public streets shall minimize the impact of traffic patterns. Wherever
possible, direct driveway access shall not be allowed to arterial streets. Wherever
possible, access shall be shared with adjacent uses of a similar nature.
(e) The design of the drainage facilities shall minimize the impact on the City's or other
public agencies drainage facilities.
(f) The design encourages energy conservation, both in its sitting on the lot, and its
accommodation of pedestrian and bicycle traffic. (Note: specifIc solar access provisions
are described in Section 8.200.)
(g) The proposed site development, including the architecture, landscaping and graphic
design, is in conformity with the site development requirements of this Ordinance and
with the standards of this and other ordinances insofar as the location and appearance of
the proposes development are involved.
(h) The location, design, color and materials of the exterior ;of all structures and signs
are compatible with the proposed development and appropriate to the character of the
immediate neighborhood.
With the exception of traffic and parking, the testimony in opposition did not address any
of the applicable criteria. The testimony about residential use or multi-family residential use is
not relevant to the criteria set forth in the applicable ordinance and therefore should not be
considered in reaching the decision. It would not be fair to tell potential land purchasers that
'IT
. '
10A
Mr. Chris Childs
October 21, 1996
Page 3
they can purchase land for multi-family housing and then change the rules after the land is
purchased. It would be equally unfair to have the City's attorney and planner tell the applicant
and the public that this hearing is based on the criteria listed in Section 11.070 of the Woodburn
City Code, and then, after public testimony for the applicant is completed, apply new criteria
not listed in Section 11.070, like school funding or the comprehensive plan. This would not
permit the applicant to prepare testimony and evidence ;on the criteria actually used to reach the
decision.
As explained in the applicant's pre-hearing brief, ORS 197.685, ors 197.295 and the
FHA also limit the City Council's action in considering the applicant. ORS 197.685(1) declares
that "the availability of decent, safe and sanitary housing opportunities for seasonal farmworkers
is a matter of statewide concern." It requires the following:
Any approval standards, special conditions and procedures for approval adopted by a
local government shall be clear and objective and shall not have the effect, either in
themselves or cumulatively, of discouraging needed housing through unreasonable cost
or delay.
If the City Council applied the comprehensive plan or the planning commission's training
manual, this would violated ORS 197.685 because they are not objective and would discourage
this needed housing. The testimony established a need for farmworkers housing and there was
not testimony against the need. It would also violate! the ORS 197.307(6) which applies a
similar prohibition related to government subsidized housing. It would violateA the FHA to
apply new and different criteria to this permit than to other similar permitted uses.
PARKING AND TRAFFIC ISSUES ARE ADEQUATELY ADDRESSED
The FHDC planner worked closely with the City planner to fully comply with the
parking and traffic requirements applicable to this development. As explained in testimony
and in answer to questions by the City Council, there will be two off-street parking places
per unit. FHDC issues parking decals to tenants and routinely patrols for violations.
FHDC limits occupancy. The size of the parking spaces are generous by most standards,
because they do not count space on the curb where the car is usually overhanging the curb.
The City planner and the FHDC planner testified that access to the public streets in this
design minimizes the impart of traffic patterns, that driveways are not entering arterial streets,
and that it is not possible to share access with adjacent uses of a similar nature.
'1f
10A
COUNCIL BILL NO. 1'165
ORDINANCE NO.
AN ORDINANCE AFFIRMING THE DECISION OF THE WOODBURN PLANNING
COMMISSION; APPROVING SITE PLAN REVIEW APPLICATION 95-26; AND
DECLARING AN EMERGENCY.
WHEREAS, the Woodburn Planning Commission conducted public hearings on
Site Plan Review Application 95-26 on August 8, 1996; and
WHEREAS, the Woodburn Planning Commission issued a final order approving
Site Plan Review Application 95-26 on August 22, 1996; and
WHEREAS, the Woodburn City Council called up the decision of the Planning
Commission and conducted a public hearing on October 15, 1996; and
WHEREAS, the Woodburn City Council closed the public hearing and the
hearing record, considered the written agruments submitted by the applicant, and
directed staff to prepare an ordinance of approval; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the decision of the Woodburn Planning Commission on Site
Plan Approval Application 95-26 (Applicant: FHDC) is hereby affirmed.
Section 2. That the City Council hereby makes a final land use decision on Site
Plan Approval Application 95-26 (Applicant: FHCD) granting and approving said
application based upon the findings and conclusions contained in Exhibit" A" which
is attached hereto and, by this reference, incorporated herein.
Section 3. That the approval of said Site Plan Application is subject to the
conditions contained in Exhibit "B", which is attached hereto and, by this reference,
incorporated herein.
Section 4. 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. Y)
-"1-1~ /\R ~ 10 - ? 2.- '1 t
Approved as to form: . I ,. \) ~
City Attorney Date
Page 1 -
COUNCIL BILL NO.
RESOLUTION NO.
APPROVED:
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.
10A
Richard Jennings, Council President
,
, '
10A
EXHIBIT A
FINDINGS AND CONCLUSIONS
A Woodburn Zoning Ordinance .
Chapter 8 General Standards
,
Section 8.040 S~&J SP.thslt"x nilttJt1V!H
<aXS) 0eveIaDd Street, Settlemier Street to Froot Street ......30 feet.
FINDING: The app1icaDt has shown compliance with this special setback
distance.
Scctioa 8. ISO. Front Yard Prqj~. The foUowiDs filJIIt yard projectioas are exempt
from the ftoat yard secbadc proYisioas and neecI DOt be iacluded wbra deternuning the
average setbd.. to wit:
(B)UaccJw:red pon:hes and cowred uneadosecl porches, wbea DOt more tban one
story high, which do ~ extend more tban 10 feet beJoad the fi'oat waDs of the
builctiDg and the 800n ofwbich are DOt more tban four feet abaft grade. In no
cue sbaI aud1 projectioa come closer tban 10 feet fi:om the property fiDe.
FINDING: The applicam bas complied with this section oftbe Woodburn Zoning
OIdin8tIM, Raer to the submitted site pIaDs and the app1icaDts aarntive page 20.
1'IIae are grouad IeYd pordIes which ateDd iato the required setback area, but as
stated above these pon:hes are exempt &om die Ietback provision.
Section 8.190. VlIion nNn!l~. The VISion ClearaDce area is a triangle measured with
two thirty foot 1egs measured &om the comer of the intenection. The VISion Clearance
shan not contain any plantil'lS"s walls, structures, or temporuy or permanent obstructions
to vision excoodi11g 30 inches in height above the cum level.
FINDING: The Preliminary L8'1d~ Plan shows no structures or plantin~ within
the VISion Oearance area on either comers of the lot.
I - SPR95-26
EXHIBIT "A"
Page 1 of 6
lOA
CONCLUSION: The applicant meets the requirefnenR as stipulated in Chapter
8 General Standards of the Woodburn Zoning Ordinance.
Cbaptec 9 Residential Standards
Section 9.045. Fmnl Yard ~ Bvay buildiqg sbaI1 sedJa<:k from. lot lines adjaceot to
streets at least 20 feet. .
FINDING: AD proposed resideatial stmctures are setback &om the lot lines
adjaceot to streets lit the minimnm 20 feet.
CONCLUSION: Meets the stP<J~ required UDdec 0Iapter 9.
Cbapter 10. Off-street ParkiD& ~ aDd Dri'Ycway Rcquhaneat:s
Section 10.050 Off-Street AlltftmnhM ~ ~Ihl ()jf-Snet 1wtomobile
parkiDg shall be proYidecl ill die alD.CM1Cs DOt lea dum thole Iiskld below:
(b)' DweDiDgs COPhIini.. 2 or IlleR dwdJiDp uaits locIted on the same lot.
(2) two IpICeI per cfweIIiDg UDit having two or men bedrooms.
FINDINGS: 12 two-bedroom UDits are proposed. tbereb'e tweaty four (24)
parkiDg IpIIceI are requiIecI. TMm.y four spICeS are beiDg proYidecl tOr the
~..i.l podioIl oldie project. The app1icaDt has met die parkiDg requirement.
(y) Bank; Office But1diqp (arcept Mecical aDd Demal):
(1) ODe spice per SOO square feet of gross Boor area plus one space per
two empI.cJyees.
nNDING: 1be total ~ footIge of the oftico is 1.soo. This requiRs 3
peddDs..... 1be app&cat has stated there wiD be.. aap1o)'ees wbich requires
21t111s fOr a total ofme. The appJicIIIt has met die parkiDg requiRmeat.
SecdoD 10.060. 0fF~ l.fttld"-. ~. ()jf-Street ~ space sba1l be
provided in the atD()UllhllUited below.
(a> A millin.1m ~ space size of 12 feet wiele, 20 feet 100& aud 14 feet high
wbal COWRCl sba1l be required u follows:
(1) For adti-&mily dweIIiags with 10 or more dweUiug units - one space.
FINDING: The Site Plan mustratcs the loadiDg ~ for the proposed project.
The loading area meets the standard because both facilities are incorporated into
the same property..
Section 10.080. DriveM\y Standards.
o Driveway access for Multi-Family units with off-street parking:
Dwelling Unit Maximum Width
2 - SPR95-26
EXHIBIT" A"
Page 2 of 6
lOA
11 - 100 units
Minimum of two accesses of24 feet
FINDING: The applicant is providing two access points for the si~ one on Oak
Street and the other to 0eveIand S1reet. The width of the driveways are 25 feet
as shown on the submitted site plan. The film_lID driveway width is 24 feet.
This ItInda.u bas not been met aDd sbaIl be complied with prior to oonstlUction.
CONCLUSION: The applicant has satisfactorily met the requirements of this
chapter.
Chapter 11 Site Plan Review
Section 11.030 Approval of Site Plan Reqpired
<a) No 00i1dit,g permit for coastIUCCioa of ItIUclureI govemecl by this chapter sbaIl be
issued UDtiI the Site Plan for that ItnJCture bas receMcl approva1. UDder the provisioas of
this chapter.
(b) Any conditioas Ittadled to the approva1. of this Site Plan sbaD be conditloos on the
issuant~ afthe ~~permit. A WUtion afthe CODdicioos sbaIl be considered a violation
of this ~11C.II!'J.
Section 11.070 Criteria for IMIhUdi.. a Site Plan
FINDING: The appIi.aD bu .&lresIed the Site Plan Review aiteria adequately, see
Ittadled aauaUW: with the Site PIaa lttNiew application ftom app1icaDt.
<a) The ~ afstn.actures on the property shall minimi~ Idva'se i~ct on
adjacent uses.
F'lNDING: An of the proposed ItnICtureI are 10cated within the required
ICICbIdcI The IlIlm~Ulelam mDred in aature with IiDgI.e &mily UDits, public
b~ ad COIIIIII<<Cial estIbJiIbmeatI. The p1acemeat of the ItIuCtureS on the
lot are as follows:
p~1 portion of the project faces the IiDgI.e family residences to the
west. The ftoat portion of the apaaWeot complelt bas fi"OIIt porches.
bIlconi.es and "amy courts" to help buffer' the appearmce of the
apatmems from the adjaceat siDgIe &mily residattiaJ uses.
0fBce portion is located at the IIOIth side of the site adjaceat to the existing
city parkiDg lot. The adjaceat uses to the east is commercial retail which
is a more intense use than the proposed office.
(b) Landscaping shall be used to minim17',e impact on adjaceot uses.
FINDING: Landscaping is proposed along the street frontage of Oak, First and
Oeveland. The required setback areas will also be landscaped to help minimize the
3 - SPR95-26
EXHIBIT " A" .
Page 3 of 6
pordtes. The colon and materials have been supplied to the planning department
on a color board. ..
10A
Section 11.085 TlDle Limitation
At the time of final approwl the applicant bas six months to initiate constlUcUon.
If coostnJction bas not begun within this time frame, the applicant can request in
writing, a six-month exteosion. The .Site Plan becomes void one year after final
approval: Therefore, the applicant would have to reapply after that time period.
CON<LUSIONS: The appIicIDt bas addressed the site plan criteria pert1Iining to
Chapter It of the Woodburn Zoning 0rdiDan0e.
Chapter 26 RM Multi-Family District
Section 26.010.llIc.
(b) U.tlinli'ed II.IIDber of dweUiDg units as prescribed in Section 26.080 including:
(II) Apartmeot Houses ..
FINDING: The proposed use is permitted.
Section 26.0SO. SideJlftd Rfl!flrYards.
(a> There IbaIl be a side yard IDd rear yanI on every lot in an RM District. wbid1
yards sbd baWJ a ftlini....tm depth as follows:
(2) Two stories seYal feet
Provided tIleR sba1l be added to tile side yanI and rear yard mininuun requirements
dxaIid, one foot for ead11111'1dp1e of IS feet or portion thereof; that the 1aJgth
of that side of tile b..,1dft1g meuures 0Ya" 30 feet.
FINDIN~ The site plan illustrates the required __b. The setback
requirements have been met.
Section 26.060. Fmnl YanI. In an RM District. there sbaII be a mininnan fi'oDt yanI of2O
feet. No paddug sbaII be allowed within 20 feet of the fivot lot line.
J!lNDING: The applicant has met this RqUiremeot.
Section 26.080 Lot Area and Width In the RM District the mininulm lot area
requinmcms for other raideatial uses sbaII be S,ooo square feet plus additional lot area
computed as foUows:
(a) For the first through fifth unit:
(2) For each dwelling unit with two bedrooms 1,600 sq. ft.
(b) For the sixth dwelling unit and each su~i~ dwelliog unit:
(2) For each dwelling unit with two bedrooms 1,675 sq. ft.
5 - SPR95-26
EXHIBIT "A"
Page 5 of 6
FINDING: The site for the apartment area is approximately 27,120 square feet
in me. The miniImm lot size requirement for 12 units is 24,725 square feet. The
applicant bas met this requirement.
lOA
CONCLUSION: The requirements and tdAndvds of Chapter 26 of the Woodburn
Zoning Ordinance have been met.
Cbaptel" 31 CD - ~ BI1siness District
Section 31.010. l!&.
<a> Any use permitted in an RH District and a CG District
FlNDING:The two uses proposed are permitted within the CBD zoning
d~on.
Sections 31.040131.050. RfOJIr YardlSide YanI. No rear yard is required. If a rear yardlside
yard is pnMdecl it sbI1l not be lea tbaa. five feet in depth. A rear yard shall be provided
in a CB District whea. the buildings or structures or portions thereof OIl a lot .-re used for
resideotiaJ purposes. in wbich cases rear yard restrictioas in the RH Districts sba1l apply.
,
FINDING: The office portion of tile site bas a five foot side aDd rear yard. .The multi-
fiuDily portion of the site bas complied with the Idbacb requiRd p<< chapter 26.
CON<LUSION:The proposed office complex meets the..,. u RqUired by Chapter
31.
Section 31.060. Front Y.m. No front yard sbaIl be requiRd in the CD District.
F'lNDING:1he appIicaut is providiDg a five foot trout yard Idjaceat to QeveIand Street.
The yarcI will be 1Pdscaped as iDdicated on the WtdIClpC plan.
B. LandscapiDg Standards
FINDING: Apprwinmely 49% of the lot is proposed to be landscaped. This is sufficient to
meet the 'endtetpe requirentents of the RM district.
C. Sign Ordinance
FINDING: The sign plan submitted meets the intent of the ordiDance. .
CONCLUSION: The landscape standards as required by the RM District are met in addition to
the proposed sign plan.
6 - SPR95-26
EXHIBIT "A"
Page 6 of 6
EXHIBIT B
10A
CONDmONSOFAPPROVAL
PLANNING COMMISSION
.
8.
9.
1. The proposed deYeIopmeat sbaIl be in substlntial conformance with the preliminary plan.
2. Comply with vision dearance standards per ChaPter 8.
3. Comply "!ith paddDg requRments of the ZODiug Ordinance.
4.
Comply with geocnl pLlnfi11g specificati.oas buffaiDg t;peCificatioas aod guicfe1iqes and
lIUIifttllftlnce ~ as per the standards documeat (pgs I mI 2) for site plan
review/IandscapiDg.
s.
Cwbio& ~ sprinkler system. IigJ1tir1g aDd bic)de radc: shaD be kept in good
cooditioa. Any ~ shaD be rcpairecl witbiD a timely manner. ....
6.
On site CODStIucCioD sbaIl DOt comn~ umil the impnMmeat plans have been reviewed
mI ~ by the public WOIb departmedt aDd III right-of-way ~ systems
deYeIopmeat c:bqes have beea paid. Race to part two Pg 9 of the .."",rets clocument
for site pIaa reriew (RaDdy Scott 982-5247).
Prior to "'.amr.g permit -anoe. pay appropriate sysftmI cIeveIopmeQt dwges in effect
atdllttime. ~Il""showtotbe ~n~~ a letofllJl1RM'Cl ~
drawiDp ad a lite plan dmwa to ICIIe that m.dicates building Iocaaioa mlletbadc
distlaoes to property fines.
7.
Prior to oOOGp,lIC'J permit ;'11J1Ce. the appJicat sbaII comply with the" CODditioDs of
.pproval.....~ by the Planning OwmntWt ad submit ODe let ofRplOducibJe as-
builts. .
10. .
Conditioas ofappmval also iDdude the foIlowiDg ~A thmughB.
Provide the Plat....;. Departmeat a fiDallandscape pIaa prior to the i..mce of. building
permit.
TWo ,.~ a~.\(.&. . ".
Provide ~ off street JnMit1g spacc5for the 12 unit apaibikad;'complat as required by
Chapter 10 Secitoa 10.060. (AXI) & (2).
It
CoaclitioDS from other departmeats:
FJre Dept:
Police:
Building:
Public Works
Wastewater:
8 . SPR9S-26
See Attadunent A
See Attaduneot B
See Attacbment C
SeeAttaduneot D
See Attacbment E
EXHIBIT "B"
Page 1 of 8
lOA
fJ!J@@fP)!IJ(!JJfl}fJ) rfUfl}rE fJ)U~ilfl}U(Ct/
FIRE PREUENTION DIUISION
SITE PLAN REVIEW COMMENTS
Memo To: J~son Tuck, Planner Date:. May 13, 1996
City of Woodburn
Fro m: Bob Benck, Fire Marshal
Woodburn Fire District
Facility Name: Farmworker Housing Development Corp. Cleveland St.
Occupancy Class: R-1
Build. Permit No.
A. ACCESS :
1 . Exterior of Facility:
Adequate access to the structures is adequate. Fire District
must be consulted prior to placement of any fences that may effect access
to building or placement of ladders for firefighting purposes.
2. To Interior of Facility:
Finalized plans should indicate location of rescue windows and
doorways.
B. BUILDING EXIT SYSTEM:
1. Doors/Corridors:
No information at this time
2. Emergency Ughting:
3. Other Systems:
C. FIRE FLOW / WATER SUPPLY:
Based on type V-l hour construction the minimum flow
requirement is 1,750 gpm for the apartments. The office complex would be
the 1,500 gpm minimum.
EXHIBIT "B"
Page 2 of 8
Attachment A
10A
D. HYDRANTS:
One hydrant within 250 feet of the project. Current hydrants
meet this requirement.
E. SPRINKLERS I FDC :
A residential sprinkler system is recommended.
F. ALARM SYSTEM :
Single-station smoke detec;tors are required in all sleeping
areas and adjacent to bedrooms. Heat detectors are required in common
recreational rooms, and laundry rooms.
G. PREMISE IDENTIFICATION :
Address system to be approved by the Fire District and in
conformity with city standards. Address must be visible from public way
and posted during construction.
H.OCCUPANCYI SPECIAL OCCUPANCY REQUIREMENTS:
I. BUilDING SIZE & lIMITATIONSI TYPE OF CONSTRUCTION:
Proposed building appears to require a minimum of type V-l hr.
construction to meet maximum size requirements in an unsprinkled R 1
building with yard limitations on two sides.
J. FIRE & LIFE SAFETY REVIEW REQ.:
A Fire & ute Safety review will. be required by Marion County Building
Department.
K. SPECIAL COMMENTS:
COMPLIANCE WITH THESE REQUIREMENTS ~ CONSTITUTE
PERMISSION TO BUilD. BUilDING PLAN REVIEWS BY MARION
COUNTY BUILDING DEPARTMENT AND OR CITY OF WOODBURN MUST
BE COMPLETED,AND PERMITS OBTAINED.
1776 Newberg Hwy.
Woodburn, Or. 97071
982-2360
EXHIBIT "B"
Page 3 of 8
I If
lOA
CITY OF WOODBURN
POLICE DEPARTMENT ~@~~
Paul E. Null
Patrol
Woodburn, Oregon 97071
982-2345 Ext.352
Date: June 21, 1996
To: Jason Tuck, Planning Dept
RB: Esperanza - Parmworker Housing Development
Recommendations:
1. As a condition of site plan approval, Housing Managcn will participate in, and encourage
tenants to participate in, the Fn"'need Safety Property Program, when adopted by the Woodburn
City Council.
2. Low ~ Sodium or Halogen lighting be installed to iDumimate parking and walkway areas
within the complex.
3. Entry doors should be solid core doors equipped with minimum 1 inch dead bolt locks. Dead
bolt strike plates should be n:Ulforced with 1 inch minimum screws.
4. Apartment numben or addresses should be affixed to, or near, entry door and muminated with
light Numbers should bea minimum of 4 inches in height.
S. If sliding glass doors are tJ installed, sliding portion of doors should be mounted on inside track
to allow for security.
6. Recommend exit/entry driveway be mumimated with a street: light and stop sign.
7. Low shrubbery and open trees are recommended to prevent concealment by unwanted persons
and to insure visibility of small children.
EXHIBIT "B"
Page 4 of 8
: Attachment B
10A
SITE PLAN REVIEW -- APPLICATION CONFERENCE I NOTES
~____""""'#I1Ie##f/IIIe##f/IIIe#______"''''''''''''''''''''''''''''#fIIW'''''''''''''''#'IW''''''#f/IIIW'''''''''''''''''''''''''''
REQUEST DATE: June 11, 1996
DEPARTMENT: Building
CONTACT PERSON: Jason Tuck, Planning Dept, 982-5246
APPUCANT: Farmworker Housing Development Corporation.
lYPE OF PROJECT: Site Plan Review for a 12 unit apartment complex and a 1,500 square
foot office building to accommodate the off1c8 for Farmworker Housing Development Corp.
PROJECT LOCATION: 1st and Cleveland. T5S, R1W, See 18BA TL 10100, 12200.
CONFERENCE PLACE: Conference Room I Woodburn City Hall
MEETING DATE: June 24, 1996 TIME: 1 :30 P.M.
GENERAL INFORMATION TO APPUCANT
I have read the information sheet provided me and understand that which is pertinent to my Site
Plan Review/Pre-Application request. All materials are to be collated and folded.
Signature - Ownerl Agent
DEPARTMENT COMMENTS
ALL 1/...AN!' ShAl.L. bE S"'If,1'7'eJ 1D c.~7T,t ~'u~rAJ ~r
I
11111/.,;." ~Nrr fire /..I'.f~ fJ s..,/err 't..It.tf rl:-(/ f~t.-1. II~ W#rk.. ~ 1.111....
.
l.o"itll cNCc u~ r;L. II/..L +~c5 An! ~~" .
EXHIBIT "B"
Page 5 of 8
Attachment C
10A
WA,-ea
1..
Domestic water meters for the apartment units shall be placed within First
Street right-of-way.
2. Domestic water meters for the commercial unit shall be placed within Cleveland
Street right-of-way.
3. Are hydrant loCations and fire proteCtiOn requirements shall comply with code
requirements and the Woodburn FIre District's conditions of approval.
4. Baclcf\Ow prevention deviceS may be required dapending on the water usage
(see Wastewater Department comments).
ESPRANZA.SPR
Page 2- Site Plan Review
Espefanza Court
EXHIBIT "B"
Page 7 of 8
10A
SITE PLAN REVIEW - APPLICATION CONFERENCE I NOTES
...,."..,..........-______________~__...,-------IfIlIItt',."#IWIII........"""""...,---....,,.,,,..,,,~--
REQUEST DATE: June 1 1, 1996
DEPARTMENT:Wa~ewarer
CONTACT PERSON: Jason Tuck, planning Dept, 982-5246
APPUCANT: Farmworker Housing Development Co~poration
TYPE OF PROJECT: Site Plan Review for a 12 unit apartment complex and a 1,500 square
foot office building to accommodate the offiCe for farmworker Housing Development Corp.
PROJECT LOCATION: 1st and Cleveland. T5S, R1W, See 18BA n 10100, 12200.
CONFERENCE PLACE: Conference Room I Woodburn City Hall
MEETING DATE: June 24, 1996 TIME: 1 :30 P.M.
GENERAL INFORMAnON TO APPLICANT
I have read the informat1on sheet provided me and understand that which is pertinent to my Site
Plan RevlewlPre-AppflC8tion request. AU materials are to be coUatecl and folded.
SignatUre - Ownerl Agent
DEPARTMENT COMMENTS
be Water Denartme
reauire
a Double Cher:k AS5"l!Ib1y nn ..hp nlOlIIlII~t-i,. v"t-..T 'in~ and a Double
Check on the irrigation system (if~~'!r)'~...'"
:.. .
,,- 11.{-9~
),7 A,_.J~
Ccl.
Dept.
Fnlt
"B"
of 8
Attachment E
lOB
MEMO
':DATE:
Mayor and City Council
N. Robert Shields, City Attomey
Access Condition on Site Plan Approval 92-12
Holiday Inn Express Site
October 25. 1996
TO:
;FROM:
RE:
At your last City Council meeting you directed staff to prepare an ordinance with
Jindings and conclusions for presentation at the October 28, 1996. meeting.
,This ordinance had not been finalized at the time your agenda was distributed but will
pe available for your review an~ consideration at the time of the meeting.
10C
MEMO
RE:
MAYOR AND CITY COUNCIL
N. ROBERT SHIELDS. CITY ATTORNEYf/fLj
COUNCIL BYLAWS REVISION
TO:
FROM:
DATE:
OCTOBER 22, 1996
At your October 28, 1996 meeting you will consider an ordinance revising the existing
City Council Bylaws. This revision has taken some time to accomplish and was
completed due to the hard work of Mayor Kirksey and Council President Jennings.
In my opinion, the revised bylaws are far superior to Council bylaws that existed
before beginning the project. The time and effort spent on the revision was well
worth it.
Significant changes to the bylaw ordinance are as follows:
Section 1 contains an entirely new purpose section that specifically explains
how the City Council first considered the Charter and state law before adopting the
bylaw ordinance. This section should strengthen the legal validity of the ordinance
as a Charter supplement.
Sections 2 and 3 have been streamlined for easier use.
Section 4 contains a significant change in the way that the Mayor confers with
the City Council prior to making an appointment. While the Charter provision allowing
a mayoral appointment still controls, the Mayor now has an ordinance obligation to
confer in good faith with the City Council prior to making an appointment.
Furthermore, the ordinance now specifically states that both the Mayor and City
Council shall make every possible effort to avoid embarrassment to appointees. In the
event that the City Council does not confirm a mayoral appointment, the Mayor now
has a ten day period in which to make a new appointment and submit it to the City
Council.
Some of the language in Section 5 has been clarified.
In Section 6, a significant revision was made to the general public hearing
procedure. In particular, the declarations subsection was made more specific. Also,
the entire procedure was made more .user friendly. so that it is clearer for the City
Council and members of the public.
NRS/kv
10C
COUNCIL BILL NO. /157
ORDINANCE NO.
AN ORDINANCE ADOPTING BYLAWS GOVERNING PROCEEDINGS OF THE CITY
COUNCIL, REPEALING ORDINANCE NO. 1971, AND DECLARING AN EMERGENCY.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. PurDose. The purpose of this ordinance is to prescribe rules to
govern all meetings and proceedings of the Council, consistent with all provisions
contained in the Woodburn City Charter and Oregon state law. The intent of this
ordinance is to supplement the Woodburn City Charter to allow implementation of any
substantive charter requirements. In this respect, provisions of the Woodburn City
Charter and Oregon state law override and supersede any conflicting provisions of this
ordinance. if any section or subsection of this ordinance is determined by a court to
be invalid or unenforcible, then such section or subsection shall be severed from this
ordinance and the remainder of this ordinance shall remain in full force and effect.
Section 2. Ordinances and Resolutions.
A. Proposed Ordinances and Resolutions (Council Bills) may be introduced by
any member of the Council.
B. An Ordinance shall receive two readings prior to final passage.
C. Readings of an Ordinance may be by title only unless a Councilor requests
that the Ordinance be read in full.
D. A Resolution shall receive one reading prior to final passage and this reading
shall be by title only unless a Councilor requests a full reading.
E. Procedure.
(1) A Councilor presents a proposed Ordinance or Resolution (Council
Bill). (No motion is necessary since no vote is required for introduction of a bill,
e.g. "Mr./Madam Mayor, I introduce Council Bill .-)
(2) The Mayor asks that the Council Bill be read in full/or by title only if
there is no objection from the Council.
(3) The Council Bill is read as requested.
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ORDINANCE NO.
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(4) If the Council Bill is a proposed Resolution, the Mayor asks if there
is any discussion. After discussion and motions, if any, the Mayor shall call for
a vote on the Resolution. Upon the request of any Councilor, the ayes and
nays shall be taken and entered in the record.
(5) If the Council Bill is a proposed Ordinance, the Mayor asks that the
Council Bill be read a second time by title only if there are no objections from
a Councilor.
(6) The Council Bill (propos'ed Ordinance) is read as requested.
(7) The Mayor then asks if there is any discussion on the Council Bill
(proposed Ordinance). After discussion and motions, if any, the Mayor shall
call for a vote and the ayes and nays shall be taken and entered in the record.
F. A Resolution shall be declared passed by affirmative vote of a majority of
the Councilors present at the meeting.
G. An Ordinance may be enacted in a single meeting by unanimous consent
of the Councilors present. If not approved by unanimous consent of the Councilors
present, the Ordinance shall be read and voted upon on a different day at another
meeting, and enacted if a majority of the Councilors present at that meeting vote
affirmatively.
H. All Resolutions and Ordinances passed or enacted by the Council are subject
to veto of the Mayor as provided in Chapter V, Section 20, of the Woodburn City
Charter.
I. Except in extreme emergencies, copies of Council Bills shall be provided the
Mayor and members of the Council at least 48 hours prior to any session at which
they could be introduced.
Section 3. Meetings.
A. A majority of the incumbent members of the Council constitutes a quorum.
B. The Council shall hold a regular meeting at least once each month in the city
at a time and place it designates.
C. The Council may hold a special meeting at the call of the Mayor or at the
request of three Councilors in accordance with Chapter IV, Section 13 of the
Woodburn City Charter.
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COUNCIL BILL NO.
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Section 4. City Officers.
A. Mayor
(1 ) The Mayor shall preside over all Council meetings at which he/she is
present in accordance with the Woodburn City Charter.
(2) Consistent with the Woodburn City Charter all appointments by the mayor
are subject to Council confirmation.
(3) The Mayor shall make a good faith effort to confer with the Council about
who he/she will appoint to a committee so that any comments, objections, etc.
Of individual councilors may be considered by the Mayor prior to the
appointment. Both the Mayor and Council shall make every possible effort to
avoid embarrassment to appointees.
(4) In the event that the Council does not confirm any appointment made by
the Mayor and submitted to the Council for consideration, the Mayor shall
within 10 days make a new appointment and submit it to the Council.
B. The Council President shall be elected by the Council and shall serve in
accordance with the Woodburn City Charter.
Section 5. Agenda.
A. Matters to be considered by the Council shall be placed on an agenda to be
prepared by the Mayor and the City Administrator. Any Councilor desiring to have a
matter considered by the Council shall advise the Mayor or City Administrator to place
it on the agenda.
B. In addition to the written agenda, any Councilor may bring items to the
attention of the Council during a meeting, in accordance with the provisions of this
ordinance, the Woodburn City Charter and state law.
C. At the discretion of the presiding officer and in accordance with state law,
any visitor may speak on any matter of city business. The presiding officer may
establish time limits on such comments by visitors to insure that aU persons desiring
to be heard shall have the opportunity to speak.
Section 6. Public Hearings.
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A. Consistent with the provisions of state law, the following procedure shall
be used at all publiC hearings:
(1 ) Public hearing opened
(2) Declarations:
(a) The presiding officer will ask if any member of the Council
has a conflict of interest in the matter.
(b) The presiding officer will ask if any member of the Council
has had any EX-PARTE contact he wishes to disclose.
(c) The presiding officer will ask if anyone from the audience
wishes to challenge anv member of the council from acting on the
matter.
(3) Staff report
(4) Testimony by applicant
(5) Testimony by proponents
(6) Testimony by opponents
(7) Rebuttal by applicant
(8) Hearing is closed
(9) COUNCil Discussion
(10) Final decision (or motion to direct staff to draft ordinance for
CONSIDERATION at next Council meeting if land use decision is
involved)
B. Any questions by the Mayor and Council addressed to individuals giving
public testimony must be asked to these inviduals prior to the close of the public
hearing.
Section 7. Roberts Rules of Order.
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A. Roberts Rules of Order, Newly Revised, shall be used as the guideline for
conduct of Council meetings, except in those cases where specific provisions contrary
to Robert Rules are provided herein.
B. The Chair will not condone any inappropriate conduct in a meeting.
Meetings will be conducted in an orderly and dignified manner.
C. If in the chair's judgment any person is not in accordance with these
rules, that person will be asked to leave.
Section 8. Miscellaneous Rules of Procedure.
A. In all matters to be heard by the Council, the City Administrator or member
of his staff shall be given the first opportunity to speak thereon. Proponents of the
matter before the Council shall be afforded the next opportunity to speak thereon.
Opponents of the matter before the Council shall be afforded the opportunity to speak
thereon after proponents have completed their presentations. Councilors have the
privilege of asking questions at any time. After all presentations are complete, the
Council may discuss the matter and take action as desired.
B. Official "public hearings" shall be conducted as prescribed by law and/or
current regulations governing said hearings. All persons attending official "public
hearings" will be given reasonable time to present their arguments, but such persons
are requested to avoid repetitious and irrelevant statements.
C. Visitors desiring to speak will formally address the chair, and visitors will
identify themselves by their name, address, and whether they represent a person,
group or organization.
D. If at all possible, all regular and special Council meetings shall be tape
recorded. Council members, staff and visitors shall use the microphones provided for
that purpose. The visitors microphone shall not be removed from its stand without
permission of the presiding officer.
Section 9. SusDension of the Rules. In accordance with the Woodburn City
Charter, the rules contained in this Ordinance may be suspended by the concurrence
of a majority of the Council present at a Council meeting.
Section 10. ReDeal of Ordinance 1971. Ordinance 1971 is hereby repealed
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Approved as to fO~~
City Attorney
(0- C-L - c;1,
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
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COUNCIL BILL NO.
ORDINANCE NO.
MEMO
TO:
FROM:
SUBJECT:
DATE:
100
City Council through t~d~nistrator ,
Public Works Director ~ ~
-
Ordinance to Increase Local Gas Tax for Street Program
October 24, 1996
RECOMMENDATION: Approve the attached ordinance that provides funds for
improvement of existing streets by making a two-cent addition to the local gas tax.
BACKGROUND: On September 10, 1996, the city council held a workshop that was open
to the public and, after receiving input, a consensus was reached to expand the city's
resurfacing program and fund it by increasing the local gas tax by two cents. City council
inferred that staff should take action soon and bring an ordinance for council's review and
approval.
Members of the city council have noted on their own that the rate of pavement
deterioration has escalated recently and thus the concern to protect the pavement surfaces
has increased. Woodburn streets are older and more susceptible to bad weather
conditions, such as was experienced in last year's flooding. The city council discussed
different options and related costs of preventing future problems.
Some issues that were discussed in detail in the publiC work shOp are as follows:
1 . Based on the current contracting environment, the revenue need for
resurfacing/improving streets over the age of 35 years is estimated at $1.2 million
and for all streets over the age of 25 years is estimated at $4.4 million.
2. The cost of extending the life of pavement by resurfacing, before it deteriorates to a
degree that reconstruction becomes necessary, is both economical and preferable.
Therefore, increased effort needs to be made to resurface the streets that are older
but have not deteriorated badly yet.
3. Extension of pavement life is expensive and the city's current pavement management
practice includes all of the following:
A.
B.
C.
D.
E.
F.
G.
Minor storm drain repairs and extensions
Crack sealing
Surface patch
Tread way repairs
Drag box skin coat sealing
Performed by
Public Works
street crew
Major surface and tread way repairs
Resurfacing with storm drainage corrections
Performed by
Contractors
100
The ordinance being presented to the council will generate additional revenue in the
amount of approximately $200,000 per year. This defined source of revenue could be
used to sell revenue bonds and make major resurfacing efforts in a shorter time frame to
meet council's desired goals. The revenue generated by this ordinance will be placed in
the city gas tax funds specifically designated for associated resurfacing expenses for
proper tracking.
The state agency responsible for collecting the tax has provided their input and the
ordinance has been modified to meet their requirements. The city attorney has completed
a legal review and made necessary changes to the ordinance.
Since all staff work has been completed, it is recommended that the city council approve
the attached ordinance that generates revenue for street pavement protection program.
GST:lg
ORDGASTX.2CC
100
COUNCIL BILL NO. J'7 :5 ~
ORDINANCE NO.
A ORDINANCE IMPOSING AN ADDITIONAL MOTOR VEHICLE FUEL TAX ON MOTOR
VEHICLE FUEL DEALERS FOR PURPOSES OF PAVEMENT PRESERVATION; PROVIDING
FOR ADMINISTRATION, ENFORCEMENT AND COLLECTION OF SAID TAX; SETTING
EFFECTIVE DATES; AND DECLARING AN EMERGENCY.
WHEREAS, the State of Oregon grants municipal authority to impose a motor vehicle
fuel tax as adopted in Article IV, Section 3a of the Oregon Constitution; and
WHEREAS, Ordinance 2028, the City of Woodburn Motor Vehicle Fuel Tax
Ordinance, is currently in effect, and
WHEREAS, the motor vehicle fuel tax revenue is exclusively for reconstruction,
improvement, repair, maintenance, operation and use of public highways, roads and streets;
and
WHEREAS, if old pavements are allowed to deteriorate and not brought back to their
original strengths by preventative maintenance and resurfacing, then reconstruction of
these streets will be necessary at a future date, the cost of reconstruction is much higher;
WHEREAS, the City Council held a workshop on September 10, 1996 to discuss
street pavement related issues. After input, the City Council reached a consensus to
expand the existing resurfacing program and to include a certain number of streets for
resurfacing based on the age of the pavement, and
WHEREAS, the City Council recognizes the need for street pavement preservation
and Improvements based on the information provided by the staff and on field Investigation
made on their own; and
WHEREAS, the City Council recognizes the need for an additional dedicated source
of funding for pavement preservation and street projects; NOW THEREFORE.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. I!lIL This ordinance shall be known as the .Clty of Woodburn Pavement
Preservation Ordinance..
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Section 2. PurDose. This ordinance is intended to raise tax revenue in addition to
Ordinance 2028 for the purpose funding street resurfacing and repavement. This ordinance
is not intended to amend, modify or change any provision of Ordinance 2028, the City of
Woodburn Motor Vehicle Fuel Tax Ordinance.
Section 3. Definitions: As used in this ordinance, unless the context requires
otherwise:
(A) W Aircraft fuelw means any gasoline and other inflammable or combustible gas
or liquid by whatever name such as gasoline, gas or liquid is known or sold, usable as fuel
for the operation of aircraft, except gas or liquid, the chief use of which, as determined by
the City is for purposes other than the propulsion of aircraft.
(B) W Authorized AgentW any person or agency that has been given authority to
implement a portion of this ordinance.
(C) wCityw means City of Woodburn, a municipal corporation of the State of
Oregon.
(0) wDealerw means any person who:
(1 ) Supplies or imports motor vehicle fuel for sale, use or distribution in, and
after the same reaches the City, but wdealerw does not include any person who imports into
the City motor vehicle fuel in quantities of 500 gallons or less purchased from a supplier
who is permitted as a dealer hereunder and who assumes liability for the payment of the
applicable motor vehicle fuel tax to the City; or
(2) Produces, refines, manufactures or compounds motor vehicle fuels in
the City for use, distribution or sale in the City; or
(3) Acquires in the City for sale, use or distribution in the City motor vehicle
fuels with respect to which there has been no municipal motor fuel tax previously incurred.
(E) WMotor Vehicle Fuel-Handlerw means any person who acquires or handles
motor vehicle fuel within the City through a storage tank facility with storage tank capacity
that exceeds 500 gallons of motor vehicle fuel.
(F) wDistributorW means, in addition to its ordinary meaning, the deliverer of motor
vehicle fuel by a dealer to any service station or into any tank, storage facility or series of
tanks or storage facilities connected by pipelines, from which motor vehicle fuel is
withdrawn directly for sale or for delivery into the fuel tanks of motor vehicles whether or
not the service station, tank or storage facility is owned, operated or controlled by the
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COUNCIL BILL NO.
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dealer.
(G) WHighwayW means every way, thoroughfare and place of whatever nature,
open for use of the public for the purpose of vehicular travel.
(H) WMotor Vehicle- means all vehicles, engines or machines, moveable or
immovable, operated or propelled by the use of motor vehicle fuel.
(I) -Motor Vehicle Fuelw means and includes gasoline, diesel, mogas, methanol,
and any other flammable or combustible gas or liquid, by whatever name such gasoline,
diesel, mogas, methanol, gas or liquid is known or sold, usable as fuel for the operation of
motor vehicles, except gas, diesel, mogas, methanol, or liquid, the chief use of which, as
determined by the City, is for purposes other than the propulsion of motor vehicles upon
the highways. Propane fuel and motor vehicle fuel used exclusively as a structural heating
source are excluded as a taxable motor vehicle fuel.
(J) -Person- includes every natural person, association, firm, partnership, or
corporation
(K) wService Station- means and includes any place operated for the purpose of
retailing and delivering motor vehicle fuel into the fuel tanks of motor vehicles.
(L) -State- means State of Oregon.
Section 4. Tax ImDosed. An additional motor vehicle fuel tax is hereby imposed
as provided herein on every dealer operating within the corporate limits of Woodburn. The
City of Woodburn motor vehicle fuel tax imposed shall be paid monthly to the City or to its
authorized agent.
(A) A person who is not a permitted dealer or permitted motor vehicle fuel-handler
shall not accept or receive motor vehicle fuel in this City from a person who supplies or
imports motor vehicle fuel who does not hold a valid motor fuel dealers permit in the City.
If a person is not a permitted dealer or permitted motor vehicle fuel-handler in this City and
accepts or receives motor vehicle fuel, the purchaser or receiver shall be responsible for all
taxes, interests and penalties prescribed herein.
(B) A permitted dealer or fuel-handler who accepts or receives motor vehicle fuel
from a person who does not hold a valid dealer or fuel-handler permit in this City, shall pay
the tax imposed by this Ordinance to the City or it's authorized agent, upon the sale, use
or distribution of the motor vehicle fuel.
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Section 5. Amount and Payment.
(A) Subject to subsection (B) and (C) of this section, by law, every dealer engaging
in his own name, or in the name of others, or in the name of his representatives or agents
in the City, in the sale, use or distribution of motor vehicle fuel, shall;
(1 ) Not later than the 25th day of each calendar month, render a statement
to the City or to its authorized agent, of all motor vehicle fuel sold, used or distributed by
him in the City as well as all such fuel sold,. used or distributed by him in the City as well
as all such fuel sold, used or distributed in the City by a purchaser thereof upon which sale,
use or distribution the dealer has assumed liability for the applicable motor vehicle fuel tax
during the preceding calendar month.
(2) Pay a motor vehicle fuel tax pursuant to the provisions of this ordinance
computed on the basis of two (2.0) cents per gallon of such motor vehicle fuel so sold,
used or distributed as shown by such statement in the manner and within the time provided
in this ordinance. This two (2) cent per gallon tax shall be in addition to the one (1) cent
per gallon currently imposed by Ordinance 2028.
(B) In lieu of claiming refund of the tax as provided in Section 21, or of any prior
erroneous payment of motor vehicle fuel tax made to the City by the dealer, the dealer may
show such motor vehicle fuel as a credit or deduction on the monthly statement and
payment of tax.
(C) The motor vehicle fuel tax shall not be imposed wherever it is prohibited by
the Constitution or laws of the United States or of the State of Oregon.
Section 6. Permit Reauirements. No dealer or fuel-handler, shall sell, use or
distribute any motor vehicle fuel until he has secured a dealer or fuel-handler permit as
required herein.
Section 7. Permit Aoolications and Issuance.
(A) Every person, before becoming a dealer or fuel handler in motor vehicle fuel
in this City shall make an application to the City or its duly authorized agent, for a permit
authorizing such person to engage in business as a dealer or fuel handler.
(B) Applications for the permit must be made on forms prescribed, prepared and
furnished by the City, or its duly authorized agent.
(C) The applications shall be accompanied by a duly acknowledged certificate
containing:
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COUNCIL BILL NO.
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(1) The business name under which the dealer or fuel-handler is transacting
business.
(2) The place of business and location of distributing stations in the City
and in areas adjacent to the City limits in the State of Oregon.
(3) The name and address of the managing agent, the names and addresses
of the several persons constituting the firm or partnership and, if a corporation, the
corporate name under which it is authori~ed to transact business and the names and
addresses of its principal officers and registered agent, as well as primary transport carrier.
(D) The application for a motor vehicle fuel dealer or fuel-handler permit having
been accepted for filing, the City or its authorized agent, shall issue to the dealer or fuel-
handler a permit in such form as the City or its duly authorized agent may prescribe to
transact business in the City. The permit so issued is not assignable, and is valid only for
the dealer or fuel-handler in whose name issued.
(E) The City Recorders Office shall keep on file a copy of all applications and/or
permits.
(F) No fee(s) shall be charged by the City for securing said permit as described
herein.
Section 8. Failure to Secure Permit.
(A) If any dealer sells, distributes or uses any motor vehicle fuel without first filing
the certificate and securing the permit required by Section 7, the motor vehicle fuel tax
shall immediately be due and payable on account of all motor vehicle fuel so sold,
distributed or used.
(B) The City shall proceed forthwith to determine, from the best available sources,
the amount of such tax, and it shall assess the tax in the amount found due, together with
a penalty of 200 percent of the tax, and shall make its certificate of such assessment and
penalty, determined by City Administrator or the City's duly authorized agent. In any suit
or proceeding to collect such tax or penalty or both, the certificate is prima facie evidence
that the dealer therein named is indebted to the City in the amount of the tax and penalty
therein stated.
(C) Any fuel-handler who sells, handles, stores, distributes, or uses any motor
vehicle fuel without first filing the certificate and securing the permit required by Section
7, shall be assessed a penalty of $250.00 unless modified by Section 28 Subsection "a",
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COUNCIL BILL NO.
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100
determined by the City Administrator or the City's duly authorized agent. In any suit or
proceeding to collect such penalty, the certificate is prima facie evidence that the fuel-
handler therein named is indebted to the City in the amount of the penalty therein stated.
(D) Any tax or penalty so assessed may be collected in the manner prescribed in
Section 12 with reference to delinquency in payment of the tax or by Court Action.
Section 9. Revocation of Permit. The City or its authorized agent shall revoke
the permit of any dealer or fuel-handler refusing or neglecting to comply with any provision
of this Ordinance. The City or its authorized agent shall mail by certified mail addressed
to such dealer or fuel-handler at his last known address appearing on the files, a notice of
intention to cancel. The notice shall give the reason for the cancellation. The cancellation
shall become effective without further notice if within 10 days from the mailing of the
notice the dealer or fuel-handler has not made good its default or delinquency.
Section 10. Cancellation of Permit.
(A) The City or its authorized agent may, upon written request of a dealer or fuel-
handler cancel any permit issued to such dealer or fuel-handler, the cancellation to become
effective 30 days from the date of receipt of the written request.
(B) If the City or its authorized agent ascertains and finds that the person to
whom a permit has been issued is no longer engaged in the business of a dealer or fuel-
handler, the City or its authorized agent may cancel the permit of such dealer or fuel-
handler upon investigation after 30 days notice has been mailed to the last known address
of the dealer or fuel-handler.
Section 11. Remedies Cumulative. Except as otherwise provided in Sections 12
and 14, the remedies provided in Sections 8, 9 and 10 are cumulative. No action taken
pursuant to those sections shall relieve any person from the penalty provisions of this
Ordinance.
Section 12. Pavment of Tax and Delinauencv.
(A) The motor vehicle fuel tax imposed by Sections 4 and 5 shall be paid on or
before the 25th day of each month to the City or its authorized agent which, upon request,
shall receipt the dealer or fuel-handler therefor.
(B) Except as provided in subsection (D) of this Section, to any motor vehicle fuel
tax not paid as required by subsection (A) of this Section, there shall be added a penalty
of one percent (1.0%) of such motor vehicle fuel tax.
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(C) Except as provided in subsection (D) of this Section, if the tax and penalty
required by subsection (B) of this section are not received. on or before the close of
business on the last day of the month in which the payment is due, a further penalty of ten
percent (10.0%) shall be paid in addition to the penalty provided for in subsection (B) of
this Section.
(D) If the City or its authorized agent, determines that the delinquency was due
to reasonable cause and without any intent to avoid payment, the penalties provided by
subsections (B) and (C) of this Section may be waived. Penalties imposed by this Section
shall not apply when the penalty provided in Section 8 has been assessed and paid.
(E) If any person fails to pay the motor vehicle fuel tax of any penalty provided
for by this Ordinance, the amount thereof shall be collected from such person for the use
of the City. The City shall commence and prosecute to final determination in any court of
competent jurisdiction an action to collect the same.
(F) In the event any suit or action is instituted to collect the motor vehicle fuel tax
or any penalty provided for by this ordinance, the City shall be entitled to recover from the
person sued reasonable attorney fees at trial or upon appeal of such suit or action, in
addition to all other sums provided by law.
(G) No dealer who collects from any person the tax provided for herein, shall
knowingly and willfully fail to report and pay the same to the City or its authorized agent,
as required herein.
Section 13. Monthlv Statement of Dealer and Fuel-Handler. Unless modified by
Section 28, Subsection -b- every dealer and fuel-handler in motor vehicle fuel shall render
to the City or its authorized agent, on or before the 25th day of each month, on forms
prescribed, prepared and furnished by the City or its authorized agent, a signed statement
of the number of gallons of motor vehicle fuel sold, distributed, used, or stored by him
during the preceding calendar month. The statement shall be signed by the permit holder.
All statements as required in this section are public records.
Section 14. Failure to File Monthlv Statement. If any dealer or fuel-handler fails to
file the report required by Section 13, the City or its authorized agent, shall proceed
forthwith to determine from the best available sources the amount of motor vehicle fuel
sold, distributed, used or stored by such dealer or fuel handler for the period unreported,
and such determination shall be prima facie evidence of the amount of such fuel sold,
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distributed, used or stored. The City or its authorizing agent, immediately shall assess the
motor fuel tax in the amount so determined, as pertaining to the reportable dealer, adding
thereto a penalty of 10 percent for failure to report. Fuel-handlers failing to file a monthly
statement of motor vehicle fuel shall be assessed a penalty of $50.00. The penalty shall
be cumulative to other penalties provided in this Ordinance. In any suit brought to enforce
the rights of the City under this section, the above determination showing the amount of
tax, penalties and costs unpaid by any dealer or fuel-handler and that the same are due and
unpaid to the City or its authorized agent is prima facie evidence of the facts as shown.
Section 15. Billing Purchasers. Bills shall be rendered to all purchasers of motor
vehicle fuel by dealers in motor vehicle fuel. The bills shall separately state and describe
to the satisfaction of the City or its authorized agent the different products shipped
thereunder and shall be serially numbered except where other sales invoice controls
acceptable to the City or its authorized agent are maintained. The bills required hereunder
may be the same as those required under ORS 319.210.
Section 16. Failure to Provide Invoice or Deliverv Tag. No person shall receive and
accept any shipment of motor vehicle fuel from any dealer, or pay for the same, or sell or
offer the shipment for sale, unless the shipment is accompanied by an invoice or delivery
tag showing the date upon which shipment was delivered and the name of the dealer in
motor vehicle fuel.
Section 17. Transoorting Motor Vehicle Fuel in Bulk. Every person operating any
conveyance for the purpose of hauling, transporting or delivering motor vehicle fuel in bulk
shall, before entering upon the public highways of the City with such conveyance, have
and possess during the entire time of his hauling or transporting such motor fuel an invoice,
bill of sale or other written statement showing the number of gallons, the true name and
address of the seller or consignor and the true name and address of the buyer or consignee,
if any, of the same. The person hauling such motor vehicle fuel shall at the request of any
officer authorized by the City to inquire into or investigate such matters, produce and offer
for inspection the invoice, bill of sale or other statement.
Section 18. Exemotion of Exoort Fuel.
(A) The license tax imposed by Section 4 and 5 shall not be imposed on motor
vehicle fuel:
( 1 ) Exported from the City by a dealer; or
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(2) Sold by a dealer in individual quantities of 500 gallons or less for export
by the purchaser to an area or areas outside the City in containers other than the fuel tank.
of a motor vehicle, but every dealer shall be required to report such exports and sales to
the City or its authorized agent in such detail as may be required.
(B) In support of any exemption from motor vehicle fuel taxes claimed under this
section other than in the case of stock. transfers or deliveries in his own equipment, every
dealer must execute and file with the City or its authorized agent an export certificate in
such form as shall be prescribed, prepared and furnished by the City or its authorized agent,
containing a statement, made by some person having actual knowledge of the fact of such
exportation, that the motor vehicle fuel has been exported from the City, and giving such
details with reference to such shipment as may be required. The City or its authorized
agent may demand of any dealer such additional data as is deemed necessary in support
of any such certificate, and failure to supply such data will constitute a waiver of all right
to exemption claimed by virtue of such certificate. The City or its authorized agent may,
in a case where it believes no useful purpose would be served by filing of an export
certificate, waive the certificate.
(C) Any motor vehicle fuel carried from the City in the fuel tank. of a motor vehicle
shall not be considered as exported from the City.
(D) No person shall, through false statement, trick. or device, or otherwise, obtain
motor vehicle fuel for export as to which the City motor vehicle fuel tax has not been paid
and fail to export the same, or any portion thereof, or cause the motor vehicle fuel or any
portion thereof not to be exported, or divert or cause to be diverted the motor vehicle fuel
or any portion thereof to be used, distributed or sold in the City and fail to notify the City
or its authorized agent and the dealer from whom the motor vehicle fuel was originally
purchased of his act.
(E) No dealer or other person shall conspire with any person to withhold from
export, or divert from export or to return motor vehicle fuel to the City for sale or use so
as to avoid any of the fees imposed herein.
(F) In support of any exemption from taxes on account of sales of motor vehicle
fuel in individual quantities of 500 gallons or less for export by the purchaser, the dealer
shall retain in his files for at least three years an export certificate executed by the
purchaser in such form and containing such information as is prescribed by the City or its
Page 9 -
COUNCIL BILL NO.
ORDINANCE NO.
".
100
authorized agent. This certificate shall be prima facie evidence of the exportation of the
motor vehicle fuel to which it applies only if accepted by the dealer in good faith.
Section 19. Sales to Armed Forces Exemoted. The motor vehicle fuel tax imposed
by Sections 4 and 5 shall not be imposed on any motor vehicle fuel sold to the Armed
Forces of the United States for use in ships, aircraft or for export from the City; but every
dealer shall be required to report such sales to the City or its authorized agent, in such
detail as may be required. A certificate by an authorized officer of such Armed Forces shall
be accepted by the dealer as sufficient proof that the sale is for the purpose specified in
the certificate.
Section 20. Fuel in Vehicles Coming Into City Not Taxed. Any person coming into
the City in a motor vehicle may transport in the fuel tank of such vehicle motor fuel for his
own use only and for the purpose of operating such motor vehicle without securing a
license or paying the tax provided in Sections 4 and 5, or complying with any of the
provisions imposed upon dealers herein, but if the motor vehicle fuel so brought into the
City is removed rom the fuel tank of the vehicle or used for any purpose other than the
propulsion of the vehicle, the person so importing the fuel into the City shall be subject to
all provisions herein applying to dealers.
Section 21. Refunds. Refunds will be made pursuant to ORS. 319.280 to 319.320.
Section 22. Examinations and Investigations. The City, or its duly authorized agent,
may make any examination of accounts, records, stocks, facilities and equipment of
dealers, fuel-handlers, service stations. and other persons engaged in storing, selling or
distributing motor vehicle fuel or other petroleum products within this City, and such other
investigations as it considers necessary in carrying out the provisions of this ordinance. If
the examination or investigations disclose that any reports of dealers or other persons
theretofore filed with the City or its authorized agent pursuant to the requirements herein,
have shown incorrectly the amount of gallons of motor vehicle fuel distributed or the tax
accruing thereon, the City or its authorized agent may make such changes in subsequent
reports and payments of such dealers or other persons, or may make such refunds, as may
be necessary to correct the errors disclosed by its examinations or investigations.
Section 23. Limitation on Credit for or Refund of Overoavment and on Assessment
of Additional Tax.
(A) Except as otherwise provided in this ordinance, any credit for erroneous
Page 10 - COUNCIL BILL NO.
ORDINANCE NO.
...
100
overpayment of tax made by a dealer taken on a subsequent return or any claim for refund
of tax erroneously overpaid filed by a dealer must be so taken or filed within three years
after the date on which the overpayment was made to the City or to its authorized agent.
(B) Except in the case of a fraudulent report or neglect to make a report, every
notice of additional tax proposed to be assessed under this ordinance shall be served on
dealers within three years from the date upon which such additional taxes became due.
Section 24. Examinina Books and Accounts of Carrier of Motor Vehicle Fuel. The
City or its duly authorized agent may at any time during normal business hours examine the
books and accounts of any carrier of motor vehicle fuel operating within the City for the
purpose of checking shipments or use of motor vehicle fuel, detecting diversions thereof
or evasion of taxes in enforcing the provisions of this ordinance.
Section 25. Records to be KeDt bv Dealers and Fuel-Handler. Every dealer and fuel-
handler in motor vehicle fuel shall keep a record in such form as may be prescribed by the
City or its authorized agent of all purchases, receipts, sales and distribution of motor
vehicle fuel. The records shall include copies of all invoices or bills of such sales and
purchases, and shall at all times during the business hours of the day be subject to
inspection by the City or its authorized officers or agents.
Section 26. Records to be KeDt Three Years. Every dealer and fuel-handler shall
maintain and keep, for a period of three years, all records of motor vehicle fuel used, sold
and distributed within the City by such dealer or fuel-handler, together with stock records,
invoices, bills of lading and other pertinent papers as may be required by the City or Its
authorized agent. In the event such records are not kept within the State of Oregon, the
dealer shall reimburse the City or its duly authorized agents for all travel, lodging, and
related expenses Incurred in examining such records. The amount of such expenses shall
be additional tax imposed hereunder.
Section 27. Use of Tax Revenues.
(A) The City Administrator shall be responsible for the disposition of the revenue
from the tax imposed by this ordinance in the manner provided by this section.
(B) For the purposes of this section, net revenue shall mean the revenue from the
tax imposed by this ordinance remaining after providing for the cost of administering the
motor vehicle fuel tax to motor vehicle fuel dealers and any refunds and credits authorized
herein. The program administration costs of revenue collection and accounting activities
Page 11 - COUNCIL BILL NO.
ORDINANCE NO.
TI
100
shall not exceed 10% of annual tax revenues.
(C) The net revenue shall be used only for the activities related to the resurfacing,
reconstruction, improvement, repair, and maintenance of public highways, roads and
streets within the City of Woodburn.
Secdon 28. Administration. The City Administrator or his designate is responsible
for administering this ordinance. In addition, the City Administrator may enter into an
agreement with the Financial Services Branch of Oregon Department of Transportation as
an authorized agent for the implementation of certain sections of this ordinance. If the
Financial Services Branch is chosen as an authorized agent of the City, then the
modifications outlined below shall apply:
(a) The fuel handler's penalty of Section 8 Subsection .c. shall be reduced to
$100.00. And if the Division determines that the failure to obtain the permit
was due to reasonable cause and without any intent to avoid obtaining a
permit, then the penalty provided in Section 8 and this Subsection may be
waived.
(b) The fuel handler's monthly reporting requirements of Section 13 and 14 shall
be waived.
Secdon 29. Seoarabilitv: If any portion of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portions of this ordinance.
Secdon 30. Effective Dates: The permit requirements imposed by this ordinance
are effective March 1, 1997 and the taxation imposed by this ordinance effective April 1 ,
1997.
Section 31. This ordinance being necessary for the immediate preservation of the
public peace, health and safety so that the administrative implementation of the ordinance
may proceed, an emergency is declared to exist and this ordinance shall take effect
immediately upon Prp[ ~ C~un~d approval by the May~. L{ _ Ci h
Approved as to form: . (~ JO 1- I
City Attorney Date
Page'2 - COUNCIL BILL NO.
ORDINANCE NO.
1I
100
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, Recorder
City of Woodburn, Oregon
Page 13 - COUNCIL BILL NO.
ORDINANCE NO.
Tr
MEMO
10E
FROM:
City Council through City Administrator 'ft--
Randy Rohman, Public Works Program Manager4
Memorandum of Understanding for Special Public Works Fund Project for
Woodland Avenue Extension.
TO:
SUBJECT:
DATE:
October 23, 1996
RECOMMENDATION:
Approve the attached resolution which will formalize an award from the Special Public
Works Fund of $900,000, composed of $450,000 loan and $450,000 grant, for
improvements to Woodland Avenue required to support location of the Waremart
distribution center.
BACKGROUND:
The Special Public Works Fund is administered by the Oregon Economic Development
Department. The City had made application to this fund for $900,000, composed of
a $450,000 loan and a $450,000 grant, to fund improvements to Woodland Avenue
required for location of the Waremart distribution center in the city. This was part of
a development agreement that had been negotiated between the city and Ware mart.
The $450,000 loan will be repaid in equal portions of $225,000 each by the City and
Waremart. The city portion will be repaid with proceeds from the city's hotel/motel
room tax, state revenue sharing or other funds.
The Memorandum of Understanding that the attached resolution authorizes the mayor
to sign formalizes the award of the $900,000 project from the Special Public Works
Fund to the city. A Financial Assistance Award Contract, and Loan Agreement will
be provided to Council for approval when they are received from the Economic
Development Department.
...
lOE
COUNCIL BILL NO. J 7.59
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MA VOR TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH THE STATE OF OREGON THROUGH ITS ECONOMIC
DEVELOPMENT DEPARTMENT TO COMPLETE THE WOODLAND AVENUE
IMPROVEMENTS.
WHEREAS, the State has reviewed the Borrower's application for funding
through the State's Special Public Works Fund (SPWF) and determined the City's
project is authorized by ORS 285.700 through 285.753; the project is feasible and
merits funding; and
WHEREAS, the State is willing to provide a loan of $450,000, to be repaid by
the Cityusing hotel/motel room tax and Waremart Inc. funds, and a grant of
$450,000, subject to the conditions of the State's Preliminary Award letter dated
October 9, 1996, this MOU and execution of a Financial Assistance Award Contract
and Loan Agreement; and
WHEREAS, the State and the City are interested in financing adequate moneys
to complete the project; the City must obtain bids to determine the cost of the project
prior to execution of the Contract, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City enter into a Memorandum of Understanding with the
State of Oregon, through its Economic Development Department, (Project Reference
No. B97002) to complete the Woodland Avenue Improvements. A copy of said
Memorandum of Understanding is attached hereto as Exhibit · A. .
Section 2. That the Mayor be authorized to execute said Memorandum of
Understanding on b~l~f the City.~
Approved as to for';;; Y I~ (-r-' - \0 -- 'l1- '1 G
City Attorney Date
APPROVED:
Nancy A. Kirksey, Mayor
Page 1 -
COUNCIL BILL NO.
RESOLUTION NO.
'If
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.
10E
.
..
RECIPIENT COpy
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is made and entered into by and between the State 1 OE
of Oregon, acting by and through its Oregon Economic Development Department ("State") and
the City of Woodburn ("Borrowef'). The reference number of this project is B97002. The
project is described as Woodland Avenue Improvements.
RECITALS
WHEREAS, the State has reviewed the Borrower's application for funding through the State's
Special Public Works Fund (SPWF) and determined the Borrower's project is authorized by ORS
285.700 through 285.753; the project is feasible and merits funding; and
WHEREAS, the State is willing to provide a loan of$450,ooo, to be repaid by the Borrower
using hoteVmotel room tax and Waremart Inc. f4nds, and a grant of$450,ooo, subject to the
conditions of the State's Preliminary Award letter dated October 9, 1996, this MOU, and
execution of a Financial Assistance Award Contract and Loan Agreement ("Contract"); and
WHEREAS, The State and the Borrower arc interested in financing adequate moneys to complete
the project; the Borrower must obtain bids to detennine the cost of the project prior to execution
of the Contract.
THEREFORE, the parties agree as follows:
SECI'ION 1- OBLIGATIONS OF THE STATE
A Sufficient Funds. The State certifies that at the time this MOU is signed, sufficient funds are
available and authorized for this project.
B. Drawdowns. No drawdowns are expected before the construction phase of the project and
execution of the Financial Assistance Award Contract.
C. PrQject Chanies. The State shall not be obligated to finance the project if substantial changes,
as determined by the State, in the cost, budget, scope, location, objectives, or time frame of
the project occur. In the event the bids for the project total more or less than the total amount
set out in the recitals, the State may adjust the total amount of the award, in the Contract, to
reflect these costs. An amount for contingencies, as detenninedby the State, may be included
in the Contract.
F:IUSeR\COSUP\TEMP\TEMP6362.MOU
Page 1 of 3
Tr
SECI'ION 2 - OBLIGATIONS OF THE BORROWER
A Engineering Completion. Borrower shall complete the engineering process and receive the
bids by April 1, 1997.
B. Return of Funds. In the event that the Borrower fails to execute the Contract within 30 days
, after bid opening, all funds received by the Borrower under this MOU shall be returned to the
State within 40 days after bid opening.
C. Remedies. In the event the Borrower fails to return the funds by the date specified in Section
2.B., the State may pursue any or all of its remedies available at law or in equity. Such
remedies may include, but are not limited to, declaration of ineligibility for the receipt of
future SPWF awards, termination of any existing SPWF awards, and withholding of other
State funds due the Borrower.
D. MOU Execution. The Borrower represents and warrants to the State that this MOU has been
duly executed and delivered by the Borrower and will constitute the legal, valid and binding
obligation of the Borrower, enforceable in accordance with its terms.
E. Applicable Laws. Until the project is completed, the Borrower agrees that unless the State
shall otherwise consent in writing, the Borrower will comply with the requirements of all
applicable laws, rules, regulations and orders of any governmental authority. In particular, but
without limitation, the Borrower shall comply with State procurement regulations found in
ORS Chapter 279.
SECI'ION 3 - MISCELLANEOUS
A Amendments. The terms of this MOU, including timeframes will not be waived, altered,
supplemented, or amended in any manner except by written instrument signed by the parties.
B. Attorney Fees. The prevailing party in any dispute arising from this MOU shall be entitled to
recover from the other, its reasonable attorney's fees at trial and on appeal.
C. Indemnity. To the extent permitted by Article XI, Section 10 of the Oregon Constitution, the
Borrower's charter, relevant Oregon statutes and the Oregon Tort Claims Act, the Borrower
shall indemnify the State and its officers, employees and agents against any liability for damage
to life or property arising from the Borrower's actions under this MOU or the actions of
Borrower's subcontractors, agents or employees.
D. Merger. This MOU constitutes the entire agreement between the parties. There are no
understandings, agreements or representations, oral or written, not specified herein regarding
this MOD. The Borrower, by the signature below, hereby acknowledges that it has read this
MOU, understands it, and agrees to be bound by its terms and conditions.
F:\lJSER\COSUPlTEMPlTEMP6362.MOU
Page 2 of 3
lI'
10E
IN WITNESS WHEREOF, the parties hereto have caused this MOD to be duly executed as of
the dates set forth below their signatures.
STATE OF OREGON, acting by and through
its Economic Development Department
By:
Yvonne L. Addington, Manager
Regional Development Division
Date:
F:\lJSER'<CDSUP\1EMP\TEMP6362.MOU
By:
city of Woodburn
(Borrower)
(Signature)
Title: Mayor
Date:
'If
Page 3 of 3
10F
City of Woodburn
Police Department
MEMORANDUM
Ken Wri
Chief of
Woodburn, Oregon 97071
(503) 982-2345
Date:
To:
Mayor and Council
Subject:
Liquor License - Package Store/Restaurant
Applicants:
(1) Senior Estates Golf and Country Club, Inc.
1776 County Club Rd., Woodburn, Or.
(2) Richard & Teresa Ridderbusch
4625 Crown Ct., N .E., Salem, Or.
The police department has received and completed an indepth background investigation for a
package store/restaurant liquor license in the name of applicants. The application is to drop
the previous licensees and add the Ridderbusch's. The business is located at 1776 Country
Club Rd., Woodburn and has been established for many years. Applicants have completed
the required OLCC forms of general information and individual history. The police
investigation has confirmed that all information is accurate and true. The police investigation
has not revealed additional aiminal information that would hamper the issuance of a liquor
license. See attached officers report.
Recommendation: The Council provide a positive endorsement for this liquor license
request.
cc applicants
olcc, Salem
ftle
B:\council\sresw.mem
...
10F
WOODBURN POll CE DEPARTMENT
DistributiDn:
Incident Report
96-006332
CDnnect #
OLCC PERt1IT APPLICATION
Reported Date/Time: 10/01/96 102'1. hiS
Occurred Date/Time: 10/01/96 1024 ~rs tD
1 1
0000 hiS
Location-: 1776
COUNTRY CLUB
RD
~.SOODBURN
OR
-.-.--------------------------------------------.-------------------------.------
..... ..._........................ ...................... ........_........ ..........._.................U...H............................................ .........................................................................
lnvolved person:
RIDDERBUSCH,RICHARD EDWARD
Hgt: 6'01" Wgt: 190
4625 CROWN CT NE SALEM, OR
Phcn8: (503)364-9812 T}pe:
OLN: 52325({.1
Emplnyr.:r/School:
1776 COUrHR'{
DOB: 01/13/57 Age: 39
\;JM
97301
WFD SSN: 532-50"-BOt{5
SENIOR ESTATES RESTAURANT (503)982-9659
CLUB RD \;SOODSURN, OR 97071
Ml~NAGER
--------.---------------------------------------------------------------------
.. ..... _... ....... ,.... _'''0 ........... ..... .......... ..... .... .... u.... ...........H... .................. ... '_"_ .... .......... ................... ...... '" .... ..... ..... .... ..n..... ................... ...... .... _. .... ...........
Involved person:
RIDDERBUSCH, TERESA LYNN DOS: 08/2'1./58 Ag8: 38 ~SF
Hgt:. 5'05" Wgt: 120
4625 CROWN CT NE SALEM, OR 97301
PhCD8: (503)364-9812 Type:
DLN: 2283361 (OR) SSN: 540-BO-6369
Employer/School: SENIOR ESTATES RESTAURANT (503J982-9659
1776 COUNTRY CLUB RD WOODBURN, OR 97071
11SSISTi-';NT 11ANt-'.GER
-----------------------------------------------------------------------------
......._............................................................................................................. .....................................................................H...._......................... ..............
Business:
OREGON LIQUOR CONTROL COMM.
213 M{mRONA 8T 8E SALEM, OR 97302
PhDr,2: (503)378-4871 Type: Business
J0NICE FORBES OLCe INVESTIGATOR
--- --.------ -----.--.-.--------.-----.--------------.--.------------------.------------
..n.........'...... ................................................................................_.............,......,......._...... ........................................._....._............................... ............,
Business:
SEN lOR EST {, TES F:ESTtiURfiN T
1. 776 COUNTRY CLUB RD LiOODBUF:n, OR 97071
PhDDe: (503)982-9659 Typ~:
;~=F:~t:.::-Gt~~~f./.f.D..:~~~T:~~~\:I~Hl..f;1.;t/..;:6W8Mt:::~;~:=~2L:?'l~~~~~=~~7~~~~~~~~~~Paqe~~~~
L...;..";::...J.:..' ;.;t _--:...." .Li :":". ~'\ .,t:.,'.. J.2 l _ ~- ~"OJ l'Il-~f..If ~",,-..;."V D" ______~~_____________________
Follow-up Required: ______ Assigned to Patrol Dr Detectives: ________________
Follow-up Assigned To: _________________________ D~te: ________ By: __________
o thcj-: _.___.____________ _____ _._______._._________._____.__.__._ ___ C. M . En t j- Y: ___.___
".
10F
96-006332
::-: :-:-:~::-;~:':". ~::-:::;-::-::::-: =-:::-::-:-:::-;:::~:::-:~:-:-::-:::":":::-:~::7::-::;:";;.';:'::;:::7::-;::::::::-;::';"'::':":::::;::::::::-:-: ~;~:7;::-::'7.::"::":'":;'-::-;;::-::-:: :-::::-::7:::";::::-::::-~~ ::-::'7"~~~;::':~:7:::-:::-: :7::-:-:::-:;-::,,:,,;:-:-:
Business:
GRANTS PflSS POL I CE DEPARTMHn
10 NW A ST GRANTS PASS, OR 97526
Phone ~ {5(3) f{-7fl.-6370 Type ~
~~~~~~~~~~~~~~~~~:::~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Business:
F:ENQ POL I CE DEPARTMENT
RENO, tN
Phon\:.': {7(2)33(f-2121 Type~ Busiil2:iS
~~~~~~:~:-::~~~~~::-:~:7::::~~~~~::::-::~::::-::~~~:::~:::~~:-:::::0~:::~~:::~~~~~:::~~~~:::~:::~:-::~:-::~~~~:-::~~~~~~~~~~::-:~
Repoiting Office;:
I ,...
LC'_'1Il
WLUPQ;;SK I #23025
PZ\g2
2
r
ACTION TAKEN:
m! 101196 I CONCLUDED fl LIQUOR r,PPLICfiTION BfiCKGROUND INVESTIGfHIGr-!
ON THE RIDDERBUSCH'S. DURING THE INVESTIGATION I DID A RAIN SC~N
ON THe COUPLE rJS ~JELL (,15 (.1 DRIVERS RECORD CHECI< AND r.i CCH CHECK.
BOTH SUBJECTS H(';VE \.'!:';LID DRIl,lERS LICENSES. R.RIDDERBUSCH j-!tlS nm
CONVICTIONS FOR SPEEDING THAT rlRE STILL LISTED ON HIS DRIVING
RECORD AS ~jELL AS AN ACCIDENT. R.RIDDERBUSCH WAS A VICTIM OF A HIT
mm RUN THrH OCCURRED IN 1990 I N GRANTS priSS OREG8N. REfER TO
ATTtCHED REPmn, CASE# '.?0-16623. T.RIDDERBUSCH Hi:)S NO CONVICTIONS
LISTED m-! HER RECORD BUT LISTS ON HE:R rpPLICATION SHE W't5 1,:\l=:RESTED
FOE (', r;u II tlND CQt-1pLETED DIVERS ION Hi 1980 IN GF:NHS PASS. GR{"NTS
PASS POLICE DEPARTMENT W'aS CDr!TACTEO AND THEY ADIJISED THEY DID NOT
H{WE !~NY TyPE OF RECORD ON T .RIDDERBUSCH. I '"JAS i~DVISED A FEPORT
FROM 1980 l.JQULD HAVE BEEN DESTROYED AND I S NOT (W:'H LABLE .
BOTH RIDDERBUSCH'S DID NOT HAVE A CCH THROUGH OREGON OR NEVGDA
WHERE THEY HAVE RESIDED IN THE PAST. I ALSO CONTACTED THE RENO,
tIEl,lr~DA POLICE DEPARTMENT AND H::D A RECORD CHECK DONE ON THEM. I
Hf"iS AD!JISED THERE ~jERE NO ENTRY'S ON FILE REGARDING ANY REPORTED
INCIDENTS OR CONTACTS. DURING THE INVESTIGATION I CONTACTED JANICE
FORBES OF OLce, SHE ADV I SED BOTH \<lERE LI CENSE!) SERVEF:S AND THERE
~';E.PE :"10 r.1EGf\TIVE ENTRIES OR VIOUiTIGNS ON THEM.
I DID i'\ RECORD CHECr;: OF THE SENIOR ESTATES REST,':,URf.",NT AND FOUND
S I X ENTR I ES FOR 1996 . n~o OF T HE CASES t~ERE FOR aLee U CHISE
IN\i:=:STIG!HIONS. ONE FOR TRESPASS, 1 SUSPICIOUS PERSON, 1
VM!D(.';USM, i:jND 1 SUSPICIOUS MOTOR VEHICLE. THERE l~Ef=~E NO C('!LLS FOR
SERVICE TWiT \JEP.E ALCOHOL REUHED. ATTr\CHfD TO THE PERMU
APPLICATION ARE COPIES OF THE LEASE AGREE~ENT AND THE RIDDERBUSCH'S
FltV.,"JCll':,L ST{\TEMENT. I H!'iS UNABLE TO LOCATE AN'{ REf'!SON TO DECLINE
THE RInDEREUSCH' S (\PPUCATION AND REC01"WIEl'.!D THEIR LICENSE SE
GRmHEn.
10F
96-006332
--------- ---'-- .------.---------------------------------------------.------------
.........................................-...........-.... .....................................................................-...............-............................................................-....................
ACTION RECOMI'ENDED: DISCONTINUED
-- -----------.--------------.--------------.----- .-------------------------------
.........................h......_..............u............................_... ................._......._.._............._......................._..... ....._._..._......_.............. ....................................__...
F:opcr t i ng Off i CLT: L. C. HP<LUPOUSK I #23025
'Ir
F.::\ge 3
~
. City of Woodburn
Police Department
MEMORANDUM
10G
Woodburn, Oregon 97071
(503) 982-2345 En. 351
270 Montgomery Street
~n Eubank, Lieutenant
~iminal Operations
Date: October 21, 1996
To:
. Childs, City Administrator
Wright, Chief
Invitation to Bid #97-04, Mobile Police Response Unit (frailer)
FUNDING:
The funds are made available from a Federal Grant of $16,054 for Law Enforcement Equipment
and requires a 10" City match which is budgeted in the Police Department Budget.
RF,COMMENDA TIONS:
Invitations to bid #97-04 were sent to six prospective bidders and an advertisement was placed
in the Daily Journal of Commerce. Only two bidders responded and Trailer World was the
lowest bidder that met the require specifIcations.
BIDDER
TOTAL AMOUNT OF BID
*$20,306.55
Trailer World
2996 Newberg Hwy
Woodburn, Oregon 97071
* Included in Trailer Worlds bid was $3,100 for a generator. This was not requested in
the detailed bid instructions. With this adjustment, the actual bid is $17,206.55.
1. It is recommended that the low bid of $17,206.55, from Trailer World, 2996 Newberg
Hwy, Woodburn, Oregon 97071 be accepted.
2. When the bid is awarded, the Police Department and the bidder will make necessary
adjustments to ensure that the total costs are within the approved budget.
Tr
BID NO:
DATE:
CITY OF WOODBURN BID LOG
97.04
16-15-96
DESCRIPI10N
Mobile Police Response Unit
QUANflTY
1
CONTRACTOR
AMOUNT BID
1.
American Value R. V. Service
$24,000.00
2.
Trailer World
$20,306.55
Tr
10G
10H
MEMO
TO: City Council through the City Administrator
FROM: Public Works Director ~ ~ -= ~'
SUBJECT: Engineering Report for Downtown Alley Improvement
DATE: October 24, 1996
RECOMMENDATION: Approve the Engineering report as presented and direct staff to
prepare "Resolution of Intent to Improve Downtown Alley" that establishes pavement
improvement cost sharing by the city at fifty percent.
BACKGROUND: The city council goals adopted last year include improvement of the
downtown alley. The creation of a 'Local Improvement District' requires that the city
follow a defined process outlined below:
1. City council directs staff to prepare an engineer's report for its review.
2. If Engineer's Report is acceptable, city council may direct staff to prepare "Resolution
of Intent to Improve," that defines the Local Improvement District boundary and sets
a date for the required public hearing.
3. City council holds a public hearing on the project and receives input from affected
property owners.
4. If more than 50% of the property owners approve the project, then city council may
direct staff to bring an ordinance that authorizes improvement cost assessment
against the benefitted properties In the Local Improvement District.
5. After assessment ordinance has been approved, city council may authorize sale of
bond to generate revenue to pay for the project or, on smaller projects, city council
may allow borrowing of funds from other city sources on a tempora~ basis.
6. After assessment ordinance has been approved, city staff completes the final
engineering plans and contract document, advertises the project, and bids are
received.
7. Staff makes recommendation to council to award the contract to the lowest
responsible bidder.
8. Construction activities take place under the supervision of Engineering.
9. The last step of the process is performed by the Finance Department as they
complete the final assessment process.
1I
10H
At present, we are on second step with presentation of the engineering report. Unless
something unforeseen happens, the alley improvement construction activities will take
place in the summer of 1997.
Council approval of the engineering report is requested.
GST:lg
ALLEYRPT .cc
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10H
Downtown Alley Improvement
Engineer's Report
This Engineer's Report is in response to Council's stated desire to improve the Alley between Hays and
Harrison Street.
Back;&round:
The alley has two obvious deficiencies:
1. The vehicle driving surface has deteriorated to a rough and uneven condition.
2. Roof drains are led directly to the uneven driving surface that causes the water to then form
puddles within the low places of the street.
There is another deficiency; upon investigation it has been determined the water main in Alley subsurface
grade should be replaced. This work will be done well before construction initial beginning, should it be
decided to improve Alley.
Remedy:
1. Remove old driving surfilce and replace it with a new subgrade and a new street. New street
section will be on a modem and functional series of vertical curves; storm water catch basins
will be provided at troughs of these curves.
2. Roof downspout drains will be connected directly to storm water trunk sewer; this trunk
sewer exists within Alley right-of-way.
Attached Drawines:
The attached sheets present a concise picture of property owner names, frontage footings, addresses. tax lot
numbers, and three options of street surfil.ce and sidewalk combinations. Each option has a stated proposal
of materials that would comprise the option; following is a brief description of these proposals and their
abbreviations.
Option #1; "All P.C.C. Improvements" means curbs as well as Alley driving surface would be
concrete.
Option #2; ''P.C.C. & AC means curbs would be concrete but street driving surface would be asphalt.
Option #3; ''P.C.C with sidewalk" means curbs, sidewalk, and driving surface would all be of
concrete.
The second column in each option represents footage charges to owners with city sharing 50% of pavement
improvement cost. Dollar costs for engineering. finance, and administration are included in the figures
presented.
Recommendation:
It is recommended that City Council approve Engineer's Report and direct staff to bring resolution of intent
to improve downtown Alley.
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14A
MfMO
TO:
FROM:
SUBJECT:
DATE:
Mayor and CI1y Council through CI1y Administrator
Planning Commission -; LG
Site Plan Review 96-14 SlIvercrest Western Homes Corporation
October 24, 1996
At the hearing of October 24, 1996, the Planning Commission approved,
with conditions the expansion of storage fadlltles. The building footprint consist
of a 4,800 square feet or 60'x 80'. The structure will be attached to an adjoining
storage structure. The adjoining structure Is also utilized for the storage of
building materials used In the construction of manufactured homes.
See attached site plan.
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SILVERCREST WESTERN HOMES QORPORATION
1410 PAOGIU8 w"" ~. OREGON 1107'1
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15A
MfMO
TO:
FROM:
Mayor and City Council through City Administrator
Community Development Director ~ L G
SUBJECT:
Rural Investment Fund Award, Woodburn Downtown
Development Plan Project
DATE:
October 24, 1996
I wish to Inform the Mayor and City Council the City of Woodburn In
cooperation with the Woodburn Downtown Association (WDA) have been
awarded a Rural Investment Fund Planning Grant In the amount of $34,940.
This Planning Project will assist the community In meeting one of It's
declared objectives, to revitalize the downtown area.
The City and Woodburn Downtown Association (WDA) staff will be meeting
with Mld-Wlllamette Valley Council of Government Staff to review the Grant
Proposal that will be then presented to the Woodburn Downtown Association
(WDA) Board and City Council for final approval.
'If
MID-WILLAMETTE VALLI: Y REGIONAL ~ I KA I t:u Y
15A
MARION, POLK-AND Y AMHILL COUNTIES
October 11, 1996
Steve Goeckritz, Director of Community Development
City of Woodburn
270 Montgomery St.,
Woodburn, Oregon 97071
RE: Rural Investment Fund Award, Woodburn Downtown Development Plan Project
Dear Mr. Goeckritz,
On behalf of the Regional Strategy Board, I am very pleased to announce that your City
has been awarded a Rural Investment Fund grant in the amount of $34,940 for the
"Woodburn Downtown Development Plan" project. You received one of 22 Rural
Investment Fund grants awarded this week as a result of a four month long application
and selection process. We received 58 applications for a total request of $2.6 million.
The next step in the Rural Investment Fund process will be the execution of a contract
between your City, and the Mid- Willamette Valley Council of Governments, the fiscal
agent of the Mid Valley Regional Strategy Board.. Staff from the Council of
Governments will be contacting you in the very near future to discuss details of the
contract.
If you have any questions about your award, please call Tom Lasher or Ray Teasley at
(503) 588-6177. Again, our congratulations to you and those who worked on the
grant application.
~~lj:tM
Mid-Willamette Valley Regional Strategy Board
105 High Street SE Salem, Oregon 97301-3667
Phone (503J 588-6177 FAX (503J 588-6094
'II"
MEMO
158
TO:
City Administrator for Council Information
FROM:
Assistant City Engineer ~
October 23, 1996
DATE:
Brown and Calwell, design Engineers for the main treatment plant, will like to make a pre-design
presentation to the city council in the month of February 1997. However, staffwants to keep
council informed of technical progress and issues that have significant impacts on wastewater
treatment plant.
PRE-DESIGN UPDATE
Presently, Brown and Caldwell is completing the first of three pre-design reports which will confirm,
and further develop the findings and recommendations presented in the Facilities Plan. After
incorporation of comments from the City of Woodburn and D.E.Q., the three pre-design reports will
be merged together to produce a final report that will update Volume I of the Facilities Plan.
The Sta&e 1 pre-design report summarizes the evaluation of influent flows and loads, preliminary
treatment, wet weather primary clarification, efl1uent filtration, ultraviolet disinfection and septage
receiving. Preliminary facilities locations will be updated and revised as remaining unit process
investigations are completed and the site plan is developed. Stage 1 pre-design report was submitted
to the City on September 19, 1996.
The Staae 2 pre-design is being started and will include: Secondary clarifiers, solids handling,
emergency storage pond, river gauging station.
The Staae 3 pre-design that will be started in about 2 months will include: Secondary treatment
process, electrical & schematic aeration, & administration building.
TEMPERATURE ISSUES
Recently D.E.Q. has established a temperature standard for the Pudding River basin of 64Of. Higher
temperatures do hann certain aquatic life, therefore, it must be addressed in the same manner as any
other pollutant that is harmful to aquatic life. The Pudding River violates this temperature standard
during some summer months. How this affects the treatment plant expansion has not yet been
detennined. However, the treatment plant's discharge is consistently over 640f and has some effect
on the Pudding River Temperature. It has been established that if the river does not meet the
temperature standard of 640 F then our wastewater discharge cannot raise the temperature more than
an additional 0.250 F. This requirement is within a mixing zone which has not yet been established.
The Wastewater Division is currently gathering river temperature data to use in an analysis of the
Treatment Plant's effect on river temperatures.
-
ITEMS RELATED TO PLANTATION AND FORCE MAIN
158
Two items that will be brought for Council action in the near future are:
I. As recommended by the consultant selection committee, the Contract with CH2MlHill
for the pre-design of the Poplar Plantation is being finalized. Phase I of the contract Pre-
design activities, i.e., permit negotiations, temperature evaluations, value engineering,
plantation layout, and public education/outreach. Phase II contract that will include final
design and construction engineering of plantation will be brought after approximately 9
months.
2. Contract with Crane & Merseth is being finalized for design, contract plans and
documents, and future engineering services for construction inspection for 1-5 lift station
force main and Mill Creek lift station force main.
w
MEMO
15C
FROM:
City Administrator for CounCIII'Y:,tlon .
Public Works Dlr8CtOr~,.-- ~
Residential Wastewater Billing Information Including Winter Averaging Being
Sent to Customers
TO:
SUBJECT:
DATE:
October 24, 1996
To facilitate better understanding of city's wastewater charges for residential users,
attached flyers will be sent to all customers starting with the November billing cycle.
Sewer charges for different water use activity, winter averaging method, leak
adjustments, and possibility of lowering sewer bill even after winter average has
been established, have been clearly stated in the flyers.
To maximize the benefit, the flyer information has been printed in English as well 8S
Spanish.
SWRFL YER
1I
ATTENTION!
RESIDENTIAL CUSTOMERS
THE WINTER AVERAGING
PERIOD HAS ARRIVED
~RJ<
THIS
f)ATt
Similar to last year, the lowest three months
of water consumption out of four months
of readings (between November and March)
will be used to calculate a new winter
average which will be the basis for your monthly
sewer charge for the following twelve (12) months.
The attached poster shows sewer charges for different activities. YO U can
control the amount of your sewer bill by being aware of the costs and by
using water wisely.
ADJUSTMENTS:
Adjustments for water leaks are made by the City when
the leak has been promptly repaired and reported. This
action in the winter months could affect the average
winter consumption, which is the basis of your sewer bill.
Reduction in the sewer bill is possible even after the winter
average has been calculated for those who reduce their
water use pattern. This adjustment is possible when the
water consumption of three (3) consecutive mooths is
reduced below the winter average. A neW lower average
means a lower monthly bill for you.
Obviously, no adjustment is possible belowtbe minimum
monthly sewer charge of $20.20 per unit.
Let us know if you qualify for the adjustments; we are
ready to help.
If you have questions, or need more information, call Julie Moore at 982-5247.
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J'oo...
HOW TO CONTROL YOUR SEWER BILL
Use Water LMse[y & Know Your Options
"~-O.74
".,.,-: ,
1<1:
34 154
A message from the
Public Worlls Dept.
City of Woodburn
...
-"
--
MEMO
To:
From:
Subject:
Date:
City Council File
Dick Pugh
Site Plan Review #95-26 Esperanza Court
October 15,1996
~M.
. ent, members of the council, this hearin is t e
volume of text, verball certainly the most controversial
that 0 e since being on the commission and for the pas with this city
council body. rU
{;i!i!" #.!!ff/4'Pni'''' 18"'IV~r 6.1h>eI-{>n,,-,Ue- ~<TZ> Y,
1 have heard & read criticism of the planning commission for it's deliberations on this
matter and for that I feel very badly. This is a body of people, probably the best that
Woodburn has had on its commission for some time and they carried out their duty well..
This matter was decided by them following thorough deliberations and the land use laws as
laid down for them to follow. It is a shame that our general public is not more
knowledgeable of our land use laws so there could be a greater understanding when a
decision is made. As a matter of fact if that happened some of the fallacies in that program
could indeed be improved upon.
During this concluding period of our council review, I was convinced that there has to be
latitude for the council in its deliberations; taking into account that we should be able to
see a broader picture and correct any developing trend that could be harmful to the city of
Woodburn. It seemed to me that if this wasn't the case, the only use for the council was to
check the application of the land use laws and act accordingly, rubber stamping the
commission decision should there not be any errors in application. As far as the land use
laws are concerned this appears to be the case. We, by the law, are nothing more than an
audit function as concerns the actions of the planning commission. I DON'T BLAME THE
PLANNING COMMISSION, I BLAME THE OVER DICTATORIAL POWERS OF THE
STATE OF OREGON, AS THESE LAWS WERE WRITTEN, AND HOW IT APPLIES
TO THE CITY COUNCn.. ON OVERVIEW OF THESE LAND USE DECISIONS.
When I joined this city council I vowed I would always vote my conscience, regardless of
the negative effects on my personal life. It had seemed to me that our responsibility was to
serve the voting public and to favorably effect the outcome of this city. My biggest fight has
always been to avoid deterioration of our property values by improper zoning or sightless
planning. In this case I am unable to vote my conscience, but I will not break this promise
to myself. I cannot in good conscience vote for 95-26. Since I can't vote my conscience I will
abstain from voting on this measure.
11'
I OGBA I
.IEI.I_IUIE lWEIS asslCIITIOI
777 - 13th St. S.E., Suite 120 - Salem, OR 97301
Phone (503) 581-9156 - Fax (503) 589-0608
October 28, 1996
The Honorable Nancy Kirksey
Mayor, City of Woodburn
270 Montgomery St.
Woodburn, OR 97071
Dear Mayor Kirksey and Councilors:
The Oregon Gasoline Dealers Association opposes the city of Woodburn's proposed gas-tax
increase, per the Association's stance in opposition to all local gas-taxes. Our position paper on this
subject is attached.
OGDA representatives are working with Governor Kitzhaber and representatives of other interest
groups toward 1997 legislation to secure adequate funding for local street and road projects. We believe
that a uniform statewide gas-tax, with a reasonable increase above the present rate, is the best and
fairest way to provide municipalities with the necessary funds. And the Governor himself has stated his
opposition to a fragmented system of transportation funding in the state.
But local gas-taxes are not a fair method of obtaining these funds. An increase in Woodburn's
gas-tax will mean stations will be even more pressed into unfair competition with nearby stations outside
the city limits, and even with stations in Wilsonville, Keizer and Salem.
OGDA urges the Woodburn City Council to not adopt a gas-tax increase. However, should the
Council opt for such an increase, the OGDA and its member dealers will work to refer the increase to the
voters and then will work toward its defeat at the polls.
We hope that the Mayor and Council in 1997 will, either singly or in concert with the League of
Oregon Cities, work with us and other interested groups toward a street- and road-funding program with
which we all can live. Thank you for your consideration.
Sincerely,
7' --4.
Mike Sims
Administrator
--=>
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OREGON GASOliNE IUlERS ASSOCIATION
1996-97 POSITION PAPER
STATE AND LOCAL GASOLINE TAXES
The OGDA believes that all motorists who buy gasoline in Oregon should
pay the same gas-tax rate, regardless of the locality in which the gas is purchased.
Currently, this is not the case. MuItnomah and Washington counties, and the cities
of The Dalles, Tillamook and Woodburn, have municipal gas-taxes ranging from 1 to 3
cents per gallon. Two counties and three cities don't seem like much, but in an era of
ever-shrinking state and Federal funds for local road projects, it's easy to imagine other
municipalities seeking local sources of funds.
Local gas-taxes provide an element of unfair competition to an already-competitive
marketplace, particularly in metropolitan areas and other areas with several municipalities
closely grouped. Fuel-purchasing decisions are very price-sensitive, and differences of 2 to
6 cents per gallon often can drive motorists across nearby county or city boundaries to buy
fuel.
This is particularly true for large commercial customers. Those businesses which
continue to buy fuel inside the taxing district must pass the added fuel costs on to their
customers. Thus, this artificial competition caused by differing local gas-tax rates affects
the cost of doing business for more than just gasoline retailers.
These taxes can result in fuel-availability problems as well, when stations operating
on small profit-margins (and most stations do) are compelled to close. These closures can
be caused by just one competitive factor, and that factor often is the presence of a local
gas-tax in a municipality near, or adjacent to, a community without one.
The OGDA is not opposed to gas taxes per se. We recognize and appreciate the
role such taxes for more than 75 years have played in giving Oregon one of the finest
highway systems in the world. OGDA has no objection to any reasonable increase in state
gas-taxes for highway, road and street purposes, as prescribed by the state Constitution.
The OGDA proposes adding 5 cents per gallon, or less, to the state gas-tax, to be
earmarked for distribution to local road-funds. At the same time, OGDA proposes a ban
on all current local gas-taxes and on the enactment of new ones.
THE OGDA FAVORS ONE UNIFIED, STATEWIDE GAS-TAX RATE.
777 -13th St. S.E., Suite 120 @ Salem, OR 97301
(503) 581-9156 tr FAX 589-0608
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