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Agenda - 06/24/1996 Part ACOUNCIL PACKET JUNE 24, 1996 PART "A" (Through Business Item 1 l-E! CITY OF WOODBURN 270 MONTGOMERY STREET **** WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL JUNE 24, 1996 - 7:00 P.M. = A. Council minutes of June 10, 1996. B. Planning Commission minutes of May 9, 1996. APPOINTMENTS: ANNOUNCEMENTS: A. Be Ce PUBLIC HEARING: JULY 8, 1996, 7:00 P.M. Special Public Works Fund Applicetion RSVP Volunteer Recognition: Strawberry Extravaganza, Wednesday, June 26, 1996 - 2:00 p.m. Woodburn 4th of July Celebration. PROCLAMATIONS A. Chamber of Commerce B. Other committees ~~i~,~"i~'~"~e Items for Council consideration not already scheduled on the agenda.) A. OLCC license: Salvador's Bakery #3, 320 N. Pacific Hwy. A. 96-09, Woodburn Alliance Church. B. 96-11, Woodburn Fertilizer. C. 96-05, Waremart Foods, Inc. 4C 8A 9A Page I - Council Agenda, June 24, 1996 12. 13. A. Council Bill No. 1719 - Resolution approving development agreement with Waremart Foods, Inc. B. 1720 - Ordinance relating to graffiti nuisance property. C. 1721 - Ordinance adopting budget for fiscal year 1996-97. D. 1722 - Resolution transferring 1995-96 budgetary Em Council Bill No. Council Bill No. Council Bill No. appropriations. Council Bill No. appropriations. 1723 - Resolution transferring operating contingency F. Council Bill No. 1724 - Resolution authorizing lease\purchase agreement with Rod Senter for a building located at 121 "B" Street. G. Council Bill No. 1725 - Resolution entering into a subtenancy agreement with Southern Pacific Transportation Company and Rodney Senter. H. Council Bill No, 1726 - Resolution entering into a lease agreement with Willamette Valley Railway Co. for City of Woodburn property. I. Council Bill No. 1727 - Resolution entering into an agreement with the State of Oregon for Revolving Loan Fund. J. Council Bill No. 1728 - Resolution declaring city's eligibility to receive State-Shared Revenue. K. Council Bill No. 1729 - Resolution declaring city's election to receive State-Shared Revenue. L. Council Bill No. 1730 -~Re§olution entering into a building lease agreement with NORCOM. M. Council Bill No. 1731 - Resolution entering into,an agreement for services with NORCOM. N. Council Bill No. 1732 - Resolution authorizing contractual services agreement with N. Robert Shields as City Attorney. O. Council Bill No. 1733 - Resolution entering into an agreement with the City of Salem for use of Salem Senior Center by RSVP. P. Insurance coverage for Fiscal Year 1996-97. Q. OEDD grant/loan application - Waremart R. Bid award for television sewer inspection system. S. Request for street closure for Drums of Fire. T. Request for sound amplification permit/Library Park. 11A 11C 111;) 11E 11F 11H 111 11J 11K 111.. 11M 11N 110 11P 11R 115 11T Page 2 - Council Agenda, June 24, 1996 14. 15. A. Loan application update: Water/VVastewater Financing Program and Special Public Works Fund. Library: tree removal at Library Park; Friends of the Library receipt of grant from Woodburn Together. 15B 17. 17. (litigation and real property transactions) To consult with counsel concerning the legal rights and duties of a public body~ with regard to current litigation or litigation likely to be filed. ORS 192.660(1)(h) To conduct deliberations with persons designated by the governing body to negotiate real property transactions. ORS 192.660(1)(e) Page 3 - Council Agenda, June 24, 1996 3A COUNCIL MEETING MINUTES June 10, 1996 TAPE READING 0001 DATE,. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF ORE~ON, JIINE 10, 1996. 0003 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. 0010 ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Absent Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez 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, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant 0023 JENNINGS/PUGH .... approve the Council special and executive session minutes of May 20, 1996, and accept the Library Board minutes of May 22, 1996. The motion passed unanimously. 0031 A~NOUNCm~mTS. A joint Council workshop will be held'with the Park & Recreation Board, Facility Needs Task Force, and Community Center Advisory Committee on Wednesday, June 12th, 7:00 pm, in the City Hall Council Chambers. 0045 pRO~%NATION - FLAG DAY. In celebration of the United States Congress designating June 14th as National Flag Day, Mayor Kirksey declared June 14, 1996 as Flag Day in Woodburn and urged citizens to participate in the annual PAUSE FOR THE PLEDGE OF ALLEGIANCE at 7:00 pm EDT and join in the reciting of the Pledge of Allegiance to our Flag. 0099 (3~kMBER OF COMmeRCE REPORT. ...' Mindy Smith, representing the Chamber, informed the Council that the Chamber is now on the Internet and they have a Webpage that promotes tourist activities. For access to the Webpage, please contact the Chamber office for the code information. On June 19th, Washington Mutual will host the Greeter's Program at 8:00 am. The Chamber Forum will be held at 12:00 Page i - Council Meeting Minutes, June 10, 1996 3A COUNCIL MEETING MINUTES June 10, 1996 TAPE noon on the same day at Yun Wah's restaurant with the guest speaker being a representative from the Visitor's Industrial Awareness Group. 0146 CONTINUATION OF P~C ~RIN~ - ~R~FFITI ORDINANCE, Mayor Kirksey continued the public hearing at 7:08 p.m.. Police Chief Wright briefly reviewed the staff report which outlined the changes made to the proposed ordinance following the May 20th Council meeting. The penalty for violating the ordinance is a Class I Civil Infraction which carries a maximum fine of $500. He reiterated that emphasis will placed on compliance with the ordinance rather than foll6wing a civil process to remove the graffiti. Free paint is available at the Woodburn Fire Department through a county- wide program, however, there are limited colors available.' Councilor Jennings questioned if Rosemary Ramirez still had a group of individuals available to paint over graffiti if the property owner is unable to do the work and they ask to have the work done. Chief Wright stated that he would contact Ms. Ramirez to see if this service is still available, and if so, it will be publicized. Patrick Vance, Chamber President, read a letter from the Chamber in support of the proposed ordinance.. They urged the Council to assist property owners who are not able to repair the damage on.their own with the clean-up by using funds collected under this ordinance. 0387 Rob Kool, representing the Woodburn Downtown Association (WDA), also spoke in favor of the proposed ordinance, however, they would like to see the City contribute one-half of the cost for clean-up. The WDA does not object to the abatement process as outlined in the ordinance if the property owner fails to clean-up the graffiti in a timely manner. They also suggested that the Police Department have an aggressive plan to curtail graffiti and stricter sanctions be placed on those who are caught applying graffiti. Attorney Shields stated that those individuals who are caught applying graffiti are charged with Criminal Mischief I which, if convicted, carries a maximum fine of $5,000 and i year in jail. 0510 Preston Tack, 2197 Camilla Way, stated that he has a problem with any ordinance or law that makes the victim responsible for the crime. In his opinion, graffiti is a community problem and the City should take on the responsibility to remove graffiti. Chief Wright stated that juveniles under the sole discretion of the juvenile court. He reminded the public that the Police Page 2 - Council Meeting Minutes, June 10, 1996 COUNCIL MEETING MINUTES June 10, 1996 3A TAPE READING Department does offer a $100 reward for information leading to the arrest and identification of those persons who have applied graffiti. 0574 Mayor Kirksey declared the public hearing closed at 7:22 p.m.. Councilor Jennings stated that he agreed with the comments made by Mr. Tack, however, most property owners take Care of the graffiti within a relatively short period of time. The business owners he has spoken with would rather not pay for this expense, however, they are willing to take care of the problem in order to keep their business looking presenta~ie. Councilor Sifuentez spoke in support of the ordinance and, urged the staff to make sure that property owners are aware of the free paint and, if available, the manpower to paint over the graffiti. Councilor Pugh agreed with the comments made by Mr. Tack and expressed his opposition to an ordinance in which the victim is affected. He urged the Council to consider the passage of an ordinance that would prohibit the sale of spray paint to anyone under the age of 21 similar to that which a local business owner has voluntarily instituted. He does not feel that the property owners would object to the City paying for the graffiti removal costs. 0707 Mayor Kirksey expressed her strong support for this ordinance since almost all of the owners take the responsibility to remove the graffiti. Additionally, the City will work with property owners to obtain paint, manpower, and/or support to keep buildings free from graffiti. 0756 JENNINGS/HAGENAUER .... staff be instructed to present the graffiti ordinance to the. Council for consideration at the next meeting. On roll call vote, the motion passed 4-1 with Councilor Pugh voting nay. 0858 g0UN~IL BIT-T. 1715 - ORDI~A~C~ /MWm~TD._ING TW~ COMPreheNSIVE PLAN Council Bill 1715 was introduced by Co~cilor Hagenaue~. Recorder Tenant read the two readings of the bill by title only since there were no objections from the Co~cil. On roll call vote for final passage, the bill passed ~animously. Mayor Kirksey declared Council Bill 1715 duly passed with the emergency clause. CO~CIL BILL 1716 - 0~~C~ ~IN~ O~I~CE 2157 (WAST~ATER USER ~E O~I~CE). Council Bill 1716 was introduced by Councilor Hagenauer. Councilor Sifuentez re~ested that the bill be read in full for the first reading and the second reading was by title only. Page 3 - Council Meeting Minutes, June 10, 1996 TAPE READING 1082 1113 1212 COUNCIL MEETING MINUTES June 10, 1996 3A Public Works Director Tiwari that this ordinance provides adjustments to the wastewater bills for those new customers whose 3-month average water usage is less than 700 cuft and they will be credited for the difference. This ordinance Will also apply in those situations where a current customer has 3 consecutive months in which their water usage is below the established winter month average and their bill will also be adjusted. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council 1716 duly p~ssed with the emergency clause. COUNCIL BI55 1717 - RESOL~TIONENTERING INTO A~REEMENTWITHUS WEST NEWV~R GROUP, INC., TO PRO%r&DE c~LULART~LEPHOh~. S~RVICES TO CITY DEPARTMENTS. Councilor Hagenauer introduced Council Bill 1717. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1717 duly passed. COUNCIL BILL 1718 - P~0LUTION AUTHORIZING CITY ENGINEER TO INITIATE AN ~I~!N~ ~ORT FOR A ~OCAL IMPRO%~4EMENT SPECIAL ~SESSN~T DIST,_ TCT RELATinG TO x~ ~,Ov~x OF P~R ROAD FR~ FRONT ST~ TO T~ WEST PR0~xz Li-~ OF Council Bill 1718 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections f rom the Council. Councilor Jennings questioned if this' improvement included the railroad crossing intersection. Director Tiwari stated that the proposed improvement did not involve the railroad intersection which will be done at a later date following discussions with the railroad and State Highway Department. A letter was received from the Woodburn School District (property owner on the south side of Parr Rd) requesting the formation of the Local Improvement District. On roll call vote for final passage, Council Bill 1718 passed unanimously. Mayor Kirksey declared the bill duly passed. COUNCIL BILL 1719 - RESOLUTION DESI~NATIN~ U.S. BANK AS A DEPOSITORY OF CITY FUNDS. Council Bill 1719 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1719 duly passed. Page 4 - Council Meeting Minutes, June 10, 1996 3A COUNCIL MEETING MINUTES June 10, 1996 TAPE READING ~239 REQUEST FOR TEMPORARY STREET CLOSURE - ALEXANDRA COURT. Chief Wright recommended that the request of the Alexandra Court neighbors be granted for the closure of Alexandra Court on July 4th between the hours of 10:00 ~m and 11:00 pm excluding emergency vehicular traffic. JENNINGS/PUGH .... request be approved as per the Police Chief's recommendation. Councilor Jennings questioned the potential closure of a through street for a similar purpose. Chief Wright stated that he consults with the engineering. division and the Fire Department on a case by case basis~. If the neighbors along a through street request a closure and the street is not considered as a major street, then a recommendation to close the street has been given in the past. The motion to approve the request passed unanimously. ~312 nIQUOR LICENSE APPLICATION - CHANGE OF OWNERSHIP (SALVADOR'S BAKERY %3). JENNINGS/SIFUENTEZ... based on information contained within the staff report, a public hearing is necessary before any action is taken on this issue. The motion passed unanimously. Chief Wright stated that it has been the Council's procedure to hold the hearing at the next regular Council meeting. ~357 ACCEPTANCE OF UTILITY EASEMENT - 220 S. PACIFIC Hwy. Staff recommended the acceptance of a public utility easement adjacent to 220 S. Pacific Hwy. from property owner Jimmy D. Templeton. JENNINGS/PUGH .... easement be accepted. The motion passed unanimously. ;367 ACCEPTANCE 0FUTILITY EASEMENTS - SENECAL ESTATES. Staff recommended the acceptance of public utility easements from Senecal Inc., in conjunction with the completion of Senecal Estates Subdivision (Construction Phase III). JENNINGS/PUGH .... easements (site maps A, B, C & D) be accepted. The motion passed unanimously. 1379 REQUEST FOR SQUND AMPLIFICATION pEP~ITAND EXTENSION OF INSURANCE COVERAGE - 4TH OF JULY CELEBRATION. A request was made by the Committee's Chairman Don Eubank for extension of the City's liability insurance coverage for the event between the hours of 10:00 am and 11:00 pm, and for permission to use sound amplification equipment during the same hours for the day's activities. It was noted that liability and workers' compensation insurance was purchased through the fireworks vendor to cover incidents arising as a result of the fireworks display. Page 5 - Council Meeting Minutes, June 10, 1996 TAPE READING 1435 1473 1656 1738 COUNCIL MEETING MINUTES June 10, 1996 SA JENNINGS/SIFUENTEZ .... request be approved for the extension of insurance coverage and use of sound amplification equipment. The motion passed unanimously. It was noted that the City's liability insurance coverage would be in effect for the day's activities outside of the fireworks display. C~aTMS FOR Tw~M0NTH OF MAY 1996. SIFUENTEZ/PUGH .... authorize payment of voucher checks %31519- %31880 issued in May 1996. The motion passed unanimously.. i . ~TAFF REPORTS. ' A) Draft Liquor License Policy -- Chief Wright requested Council input on the draft policy before it is submitted for final adoption. The final approved policy will be forwarded to OLCC to make them aware of the Council's involvement in the liquor license process. B) Dept. of Environmental Quality (DEQ) Approval of City's Wastewater Facilities Plan -- Director Tiwari stated that the plan has now been approved with some minor conditions. The time period has begun and the City has 44 months in which to complete the construction project. C) Availability of State Revolving Fund loan for Wastewater Treatment Facility -- Director Tiwari also stated that DEQ has agreed to increase the $2,000,000 State Revolving Fund Loan to $4,000,000. D) Building Activity for the month of May 1996. ClTM ~nW~NISTRATOR'S REPORT. Administrator Childs stated that the Safety Committee had sponsored a Employee/Family Potluck Picnic last Saturday which was well-attendedby the employees. Members of the committee recognized for their work were Randy Rohman, Leonard Van Valkenberg, Curtis Stultz, Terry Williams, Judy Coreson, Bill Torres, and Mary Tennant. Administrator Childs also forewarned the Council that the Council agenda for June 24th will be quite full with general business items. MAYOR AND COUNCIL REPORTS. Councilor Sifuentez provided a brief report on her visit to Washington, DC, and her attendance at a White House reception in which she was honored to meet the President and his wife. She also informed the Council that she would not be in attendance at the next regular meeting. Page 6 - Council Meeting Minutes, June 10, 1996 3A COUNCIL MEETING MINIFrES June 10, 1996 TAPE READING 1800 Councilor Jennings stated that the Hermanson Addition (Marshall St.) neighborhood watch group is frustrated with the present civil process. He requested that the Council make it -a priority to make amendments to the nuisance ordinance relating to nuisance houses and making landlords responsible for what goes on in the house. He feels that the Council needs to give the group their support and pursue tightening up of our ordinance. He also informed the Council that the group is now pursuing civil actions through the Attorney General's office. ~' Mayor Kirksey introduced Patrick Johnson who is the new ~ reporter for the woodburn Independent. 1950 Mayor Kirksey also informed the Council that the WDA is having their Summer Bash on June 17th at the Woodburn Elk's Lodge in the evening. Since it is also her birthday, she suggested that donations of items be given to improve Library Park rather than giving her a birthday present. She also thanked the Public Works crew for trimming the hedge on King Way which looks very attractive. ~983 ADJOURNMENT. JENNINGS/SIFUENTEZ .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:04 p.m.. 'APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, June 10, 1996 Approval Criteria, the Raise it or Waive it Rule, the Right to have the Record Remain Open and the Right to a Continuance. Staff entered into the record in their entirety the following exhibits: Exhibit I - Exhibit 2 - Exhibit 3 - Staff report, SPR 96-05 Applicant's Staff Report, Site Plan, Engineering Drawings and Building Elevations. Waremart Foods Distribution Center, Woodburn, Oregon - Kittelson and Associates, Traffic Impact Study, revised edition 2/19/96. Staff stated the location of the proposal was an 88 acre parcel in ,the southwest quadrant of the I-5 Interchange. The area is zoned IL (Light Industrial). Warehousing is an outright allowable use in an IL zone. Staff clarified page 2 of the staff report and applicant's report, there is identified three different build out numbers in regard to phasing. In the original staff report and the applicant's report it was stated the first phase would be 200,000 square feet. It has been modified to actually be 234,000 square feet. The second phase was identified as being approximately 300,000 square feet. It will actually be 394,000 square feet. The third phase, which is not being approved this evening, will be approximately 222,000 square feet. This brings the total to about 850,000 square feet. The traffic flow is based on the total square footage of the buildings and also the type of building it is. The traffic study was done on the full build out. ODOT, in their April 16, 1996 letter, have concluded they wish to see three different improvements made to the State highway system. Initially they would like to see the northbound access to Hwy 214 be widened to accommodate right and left hand turns. They wish to see a signal put at that intersection to control.traffic. They want a provision for some kind of conduit between the east signal and the signal on the west side. This would allow a better flow of traffic. They also wish to see the improvement of the property adjoining Hwy. 214. This would line up with the Hillyer's Ford proposal previously approved by the Commission. The total cost of this proposal could be $500,000. Waremart will not have all the cost. The city has just recently had developed the engineering for the signal at Hwy 214 for the northbound off ramp. The city will contract for the signal to be installed. The approximate cost to the city is $120,000. ODOT through their immediate opportunity funds will provide approximately $250,000 to do additional improvements to the system in the area of the interchange. Waremart would have to pay $130,000. Staff went over the conditions of approval in the....staff report. He also went PCM~crn5-9.96 SG:bw 2 3B over the landscape plan, which was not included in the staff report. He stated the landscape plan should be incorporated as one of theconditions of approval. Staff recommended approval of this proposal. Commissioner Will was concerned about the BPA. If this is not approved, what is the alternative? Staff stated they would then place the detention pond on the southerly portion of the property. Commissioner Will stated staff started out with Phase I and incorporated Phase II of this particular site plan. He asked if ODOT's requirements were on the entire build out. ~' Staff answered ODOT's requirements ere based on the Phase I and Phase II development. The improvements have to be in place at the time of occupar}cy. Commissioner Schultz asked staff why there wes no correspondence from the police department in the conditions of approval? Staff answered they did not have any objections. Commissioner Palmer declared exparte contact, he attended a Chamber of Commerce sponsored presentation by Waremart. He stated it would not affect the way he voted, but he did want it on the record he attended the presentation. Vice Chairperson Atkinson asked the Commission if there was any other exparte contact. There were none. Wallace W. Uen, Land Use Lawyer, 1191 Capital Street, representing the applicant, Warernart Foods, stated they have tried to expedite this process. Warernart has been exploring sites for some time. Woodburn is one of the primary sites. They have been working with the city to see if it was a workable site for the city. ODOT was very interested in what was happening with this site because of its significant location regarding the interchange development. They have had many meetings with the public. He introduced Paul Simons, Ken Grayson, Jim Roth from Waremart, Jim Jungi, Architect from the facility group, who Would answer any questions the Commission might have. It is a PCM~cmS-9.96 SG:bw 3 employee owned company. They have 23 stores, they operate under the trade name of Waremart or Cub Foods. This is the only distribution center that will serve their entire chain of stores. Currently they have a distribution facility in Salem and they have outside storage and frozen food storage in Portland. They are in a growth position at this time and they desire to consolidate their distribution facilities in one location. This proposal will achieve consolidation of their facilities. There are three parts to the plan. Phase I and Phase II site plan approval are being applied for today. They will be built at different times. Around the year 2004, if the need for expansion is there, then they will come back before the Commission for another land use approval. There will be no retail sales from this facility. It is strictly a distribution center. He discussed the outside look of the facility. It will be the same height as the HWI building. It will be surrounded by a landscaped berm. He stated a large sum of rn~ney was spent on the traffic study prepared by Kittelson & Associates. *.The conclusion from the traffic study came to the conclusion the traffic generated by this proposal will have minimal impact on the community. The reason, for this is Waremart is a 24 hour, 3 shift, 7 day a week facility. At build out with 600 employees, they will be there at different shifts. Waremert trucks do not run at peek traffic times. They usually are dispatched very early in the morning or late at night. There are no Waremert facilities in Woodburn, east of Woodburn, west of Woodburn, so ali trucks would be going north or south on I-5 not through the city. The jobs that will be created by this facility and the economic Impact to the community for a 40 million dollar warehouse of this type is astronomical. He stated that most of the jobs in this facility will be warehouse people, drivers, secretarial staff, management. The beginning wage is in excess of $9.00 per hour. They have a substantial benefit package. These are good jobs. A substantial number of jobs will be filled by residents of Woodburn. He went over, what he called, the financial benefits to the city. He explained the history of the design process-.. He asked staff about what ware going to be required to. be paid by the applicant. He stated the improvements the different agencies have asked Waremert to do beginning with the widening of Hwy 214, the signal at the northbound off ramp, frontage Improvements, the Woodland extension with a 90' right of way, an additional 50 feet of right of way dedicated along the entire western boundary of the property, an interconnect (signal coordination), the signal et Woodland is not required at this time, and the well site acre total out to be about 8 acres. The property is only 88 acres. The city wants 10% of the land dedicated for improvements. PCM~mS-9.96 SG:bw 4 The cost of these items estimated out to be: Highway 219 Frontage Northbound Off-Ramp (3 lanes) Interconnect (signals) Woodland Extension (1700 ft., 90' r-of-w, 40' curb, gutter, sidewalk, street with sewer and water pipes TOTAL 133,000 250,000 150,000 1.000.000 $1,533,000 He stated they were confident the State of Oregon Economic Development Department would feel relatively confident in paying a contribution from the state in immediate opportunity funds due to the positive financial impact those jobs will have on the community. About $250,000 will be paid by the S.tate of Oregon. This brings the total down to $1,283,000. He then discussed the SDC (System Development Charges) Fees. They are as follows: Impervious Surface Asphalt $ 1,650 Concrete 12,000 Building 69,135 TIF 199,033 Water 246,815 Sewer (Domestic & Mechanical) 411.1 34 TOTAL $1,038,867 The total of Improvements and SDC: $2,321,867 This does not include the cost of the signal, estimated $120,000. It does not include the 8 acres of land. If this is what the city needs, the city .will loose the financial benefits of having Waremart in Woodbum. He felt this was not an acceptable development plan. He informed the Commission of an acceptable development plan. It did not include 1) the South Road, 2) well site, 3) applicant will donate 90' right of way, but not do Improvements, 4) applicant not willing to dedicate 50' right of way along western property line. 5) not willing to pay for the interconnect that would include Evergreen Road signal, Warernart trucks will never use Evergreen so why should they have to pay for the interconnect. Commissioner Will asked why this information not included in the packet so the Commission would have more time to study it? 3B PCIVl~pcmS-9.96 SG:bw 5 3B Mr. Lien stated it was finished at about 6:15 pm this evening. He stated some of the items could be worked out between staff and the applicant. Commissioner Palmer asked staff if the amended plan had been presented to staff so they could make a recommendation to the Commission members? Staff answered the applicant does not have a problem with the conditions as far as the site plan, their concerns was with the SDC fees. The City Council would have the authority to review those and amend them if they so wished. In regards to the right of way improvement, that issue is what Mr. Lien seeking to be negotiated with Public Works staff. If his is not satisfied with the answers from staff, he can appeal to the City Council. He stated he would not recommend the Commission approve the Site Plan and provide staff and.,the applicant time to negotiate the improvement issues. Staff did not'feel comfortable recommending the Commission modify the conditions. Staff stated Mr. Lien WOuld like the opportunity to discuss the work in regard to the location of the well site. The second item would be the east/west road improvement, not saying whether they have to dedicate the right of way but whether or not they have to make the improvements. The third item, the right of way which runs north/south along the west property line. The applicant wishes the opportunity to negotiate these three items with the Public Works Department but still have the rest of the site plan approved so they can move forward with their building application and engineering. Regardless of what the decision is on this, the site plan still works. Mr. Lien stated they what they wanted the Commission to do, was to approve the Site Plan with all the conditions except the conditions discussed earlier so they can be negotiated with city staff. V',=e Chairperson Atkinson asked if there was anyone else in the audience who wished to speak for this proposal. Jane Kanz, Executive Director, Woodburn Chamber of Commerce, 2223 Country Club Road, Woodburn, stated the Chamber of Commerce was in support of Waremart moving their distribution center to Woodburn. She discussed the financial benefits of tax dollars generated by Waremart locating in Woodburn. She submitted for the record letters from businesses in Woodburn approving Waremart locating its distribution center in Woodburn. Jerry Reed, Salem Economic Development Corporation, 350 Commercial NE, Salem, 97301. He addressed the importance of the jobs that will be created by Waremert. PCM~m5-9.96 SG:bw 6 Jerry Gardner, Regional Development Officer, Oregon Economic Development Department, 350 Commercial, Salem, stated they had been working with Waremart for the past year. They have looked at a number of locations in Oregon. The Oregon Economic Development Department is working with the Oregon Depertment of Transportation in using immediate opportunity funds to pay for some of the road improvements that will be required. He hoped the Commission would support Waremart locating in Woodburn. Paul Simons, Vice President of Development for Waremart, 3601 State Street, Salem, stated the cost on the PGE franchise was $57,000 not $5,700. He stated Mr. Men had touched on every thing he was going to say. Ken Grayson, Executive V',=e President, Waremert, stated he had a couple' of comments to support what Mr. Lien had talked about. He felt the cost of this project is extremely high, one Warernart cannot afford to pay. He stated their major competition is Albertson and Fred Meyer. For Warernart to be able to compete with them they need to be a lost cost provider and to do that they need to be able to put in a facility they can afford to operate. He also addressed the economic impact the facility would have in Woodburn. Only two of their employees live in Woodburn, the rest of their employees live in Salem. He felt most of the employees of the new facility would be from Woodburn. He discussed the wages and benefits the employees would receive. After the completion of Phase II all of the corporate offices in Idaho would be moved to Woodburn. Jim Jungi, Facility Group, Nape, California, stated he had been working with Waremert for approximately 16 to 18 months to size, layout, and locate this facility for them. He stated the goal was to find the location and get started. Staff member Jason Tuck read .into the record a'letters for the proposal from Davidson Farms Inc; Holiday Inn Express; Oregon Economic Development Department; Western Computer Management Corporation; Triplett Wellman Contractors; Nancy Kirksey, Mayor of Woodburn; Marianne colt, Foodshare Inc.; Hallmark Properties; Chemeketa Community College; Woodburn High School; Portland General Electric; Woodburn Carcraft; Sedcor. Vice Chairperson Atkinson asked if there was any one who wished to speak against this proposal. There were none. Wally Lien submitted an outline regarding the Dolan vs City of Tigard, on how far a city can go in imposing conditions of approval. He felt this had a direct direct application to the four target issues of condition of approval. He stated they feel these four issues do not pass the Dolan test. PClV~p=mS-9.96 SG:bw Commissioner Palmer made the motion for a 10 minute break. Commissioner Will seconded. A vote was taken and passed unanimously. Vice President Atkinson called the meeting back to order. Vice President Atkinson closed the public hearing and asked the Commission if they had any discussion. Staff stated the economic impact on the community would be beneficial. Staff's recommendation regarding the four conditions of approval the applicant wishes to eliminate 1 ) get rid of the well site out of the site plan process, staff felt this could be taken out and discussed between the city and the applicant. 2) the interconnect issues is a ODOT request, this would have to be negotiated with ODOT and the applicant. The city would be Involved in this, but the state makes the final decision. 3) East/West road improvements, 90' right of way. The applicant would provide the 90' right of way but not do the improvements. This could be taken out and negotiated with public works. 4) the north/south right of way, depends on the type of interchange alternative. This condition might go away once the State decides where they are going to provide east/ west access. He feels these issues can be worked out between the city end the applicant. If not the applicant still has the opportunity to make their position known to the City Council. Commissioner Palmer made the motion subject to staff's recommendation to approve Site Plan 96-05 subject to the well site for negotiation; deletion of the interconnect requirement, to be negotiated with ODOT; deletion of the improvement of Woodland Avenue, subject to negotiation; deletion of north/south 50' right of way dedication, subject to negotiation; and the addition of the landscape plan be submitted and approved before issue of permit. Commissioner Frawley seconded the motion. A roll call vote was taken. Commissioner Palmer Yes Commissioner Lawson Yes Commissioner Frawley Yes Commissioner Will Yes Commissioner Schultz Yes Commissioner Warzynski Yes PCM~cmS-9.96 SG :bw 8 6) 7) 8) 9} Vice Chairperson Atkinson Yes The motion passed unanimously. Vice Chairperson Atkinson needed to be excused from the rest of the meeting. Commissioner Warzynski took over as Chairperson for the rest of the meeting. DISCUSSION: None REPORTS: : A. Adjustment 9604 Side Yard Setback, 1088 Hermanson Applicant: Dennis T. Wolf (DTW Homes) Staff stated they had talked to Mr. Wolf and explained the importance of making sure the setbacks were correct before pouring of foundations. B. Building Activity for April, 1996 C. Code Enforcement Activity for April, 1996 BUSINESS FROM THE COMMISSION: Commissioner Schultz stated she wished to let staff member Jason Tuck know how much she admired the good work she has seen him do in the Planning Commission meetings. All other members agreed. Commissioner Lawson stated the audience sits in the meeting and if charts are used all the audience sees is the back of the charts. He wondered if something could be done about this. ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. 3B PClV~pcmS-9.96 SG:bw 9 WOODBURN'S 4TH OF JULY CELEBRATION f e rturin gr "the Best Fireworks ver' ---6:00 am to 11:00 am --- Start your day with a Chuckwagon Breakfast at Legion Park sponsored by the French Prairie Kiwanis Club --- 19:00 Noon --- Old Fashioned 4th of July Ci~ Picnic Bring your family and picnic to the Woodburn High School for an Old Fashioned 4th of July Picnic & Games for All Ages: Noon- $ohSa// Throw 1:30 p.m. /~ootba// Throw 3:00 p.m. Fr/se¢¢ Throw ¥:30 p.m. Soccer Kick 5:30 p.m. Pifiatas /or Chi/dren FREE WATERMELON *** HOT DOGS - 25¢ *** PEPSI - 25¢ --- 6:00 p.m --'- Fireworks & Pre~ame Show, School, West & at the Woodburn High Parking Lots Athletic Fields Opening Remarks: Don Eubank, Chairman Greg Olson, President, Wooclburn Kiwanis Arturo Flores, Fireworb Fund-raising Chairman --- 6:15 p.m. --- Entertainment: Music by. J.Z. 8< The Tourists Upstanding music from these Eras- 50's, .60's, 70's 80's & 90's and Classics, Country, Blues, and Reggae --- 1 0:00 p.m. --- Sit back in your easy chair in the field at ~VCoodburn High School and enjoy the show! . SA TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator public Hearinp: Liuuor License/Chan~_e of Ownershi_o June 20, 1996 This meeting is the time and place set for public hearing on the application of Salvador Larios, dba Salvador's Bakery #3. In addition to any staff report to be presented during the hearing, the staff report from the June 10, 1996 meeting is reprinted in its entirety for your review. 8A City of Woodburn Police Department ~ nt~o~ 270 Mo Woodburn, Ore~on 97071 Ken Wril~h~_~.~ } Chief of PI~~ (5O3) 982-23~ Date: May 30, 1996 To: Mayor and Council C. Childs, City Administrator Subject: Liquor License - Change of Ownership Applicant: Salvador Larios dba., Salvador's Bag~ F3 320 N. Pacific Hwy., Woodburn Type of License: Pact~ge Store (PS) Previous Trade Name/Owner: Hwang, Ho Suk and Eunsoo HI-Way 99 Marl~ On March 28, 1996 the police department received a application for change of ownership and a Package Store liquor license from Salvador Larios. The police department completed a bae~und inve~igafion on April 14, 1996. Mr. Larioa eun~tly po~ a liquor license for Salvadors Bakery located at 405 N. Fu~t St., Woodburn. During the investigation officers contacted OLCC, and all agencies where Larios px~viously lived ar~l worlaxl. In 1993 Mt'. Larioa pled gmilty to Menacing in Marion County Dislrict Court and ~ on a State of Washington Warrant for Anest in 1996. In review of Mr. Larios current application of 1992 to purcha~ the b~ at 40~ N. Front St. and Mr. Lafios' application ~o putc. imae the business at 320 N. Pacific Hwy. it was noted that the Bmployment & Residence item #13 on both forms were not consistent. In 1992 Mr. Larios fa/led to list Washington rote as work and residence on his application for a liquor license when he purchased the Homephte Market. Upon checking with police agencies in Washington State a outstanding warrant was located. Subsequently Mr. Larios was arrested by this agency on the outstanding warrant. This case is still pending. Mr. Larios is currently opem~g the business under the authority of a temporary license issued by the OLCC March 27, 1996. The temporary license is valid through June 25, 1996. 8A Salvadors cont. page 2 In review of Mr. Larios' application for a 1992 liquor license at 405 N. First, Homeplate Mkt. he listed employment and residences for past ten years as: > > > 6/10/91 to present Self-employed, Owner of bakery/store, Woodburn March 1987 to 06/10/91 Tfa Maria's Tortia.~ Baker/Mgr., Gervais Feb. 1982 to March 1987 Blanco's Bakery Baker Fresno, Calif. On Mr. Larios' application for a 1996 liquor license at 320 N. Pacific Hwy., listed employment and residences for the past ten years are as follows: > 1/86 to 1187 Express Bagery, Owner, Toppenish, Wa. 1/87 to Present Salvadors's Balma3r, Owner, Woodbum. Mr. Larois in 1992 claimed to be in Fresno, Calif in 1986/87, but in 1996 he states that he was in Toppenish, Wa. in 1986/87 and admits to being employed at the time. When the police delnutment made inquiries in Toppenish, Wa. it was found that a outstanding felony arrest warrant for Statutory Rape was issued for the arrest of Salvador Larios in November 1986. Officers confirmed the warrant with Washington authorities and effected the arrest of Salvador Larios on May 3, 1996. There is no disposition of the case at this time. On Mr. Larios' 1996 application he neglects to mention the March 1987 to June 10, 1991 employment at Tia Maria's Tortias in Gervais. Mr. Larios failed to disclose criminal arrests and violations on the individual history questionnaire as required. Mr. Larios ~ one traffic violation in June 1995 and no other violations that resulted in a fine or bail forfeiture of more than $50.00, as required by the OLCC application. Investigation of drivers license record in Oregon shows citations and convictions as follows: Traffic Violations: 05/21188 No Drivers License 03105195 Violation Basic Rule 04114195 Fail to Obey Traffic Control Device 07/24195 Violation Basic Rule Paid Fine $110.00 08105192 Paid Fine $134.00 04101/94 Paid F'me $100.00 06/30/95 Paid Fine $ 99.00 08/17/95 Criminal Convictions: N. (The following in, dent occ. afred at Mr. Larios' business, 405 First St., Woodbum.) 08107193 Recklessly Endangering Another Person Paid Fine $2,000 and 40 hours Community service Corn ~leted 10/24/93 · ,8A Salvadors cont. page 3 845-.05-025 Criteria C _re~___fing Presumption A?ainst Issuing License In review of sections (1) thru (7) of this AdminisWative rule the only section that applicant may not comply with is seefon (6). (6) The applicant provides material false or misleading information to the Commission. 845-05-015 Liee~se A_m)li_,~itions: Refusal to Process The Commission may refuse to process an application if: The applicant neglects or refuses ~o provide in a timely manner any document or other information the Commission reasonably requests. application and it ~s reason~le for the Commission/Council to expect this information to be provided in its entirety. The appearance of 'hiding' the information of residence and prior employment is not in the best interest of the applicant. As a result of not listing nil information in its entirety the applicant has appeared to violate OAR 845..05-015 nnd 845-05- 025, as listed above. The appearance is that the applicant did not want his true identity and activities to be revealed. Additional incidents of concern are: 1993 involving Reckle~ly Endangering Another Person (WPD 93-4610), incident Theft of Liquor (WPD 94-3054) nnd incident Theft Shoplift (WPD 95-3694) all occurring at the 405 N. First St., Woodburn business. 93-4610 The 1993 incident involved Mr Lados pointing a firearm at a citizem and Endangering. 94-3O54 The 1994 incident involved Mr. Lados ~.ing officers to his store as suspeas had opened beer inside the store. Upon officers arrival Mr. Lados refused to coopmt~ with officers saying he was mo busy. I sent Mr. Lados a letm' and did meet with him. I explained to Mr. Larios that when he calls officers nnd The 1995 incident involved Mr. Larios ~ officers to his store for a reported shoplifter. Upon officers arrival Mr. latios briefly explained what had occurred. A suspect shoplif~ a bottle of beer. However, Mr. Larios them immediately left the store without telling officers of the facts surrounding the incident and providing · description of the suspect. I met with Mr. Larios in my office on ~lun¢ 2, 1995. Mr. Lasios explained his exasperation for the police department procedures and before I could discuss procedures with Mr. Larios, he got up and 'stormed-out' of my office. Subsequeatly I wrote Mr. Larios a letter. On lune 15, 1995 Mr. Larios was contacted by OLCC inspectors and advised that it is his responsibility to cooperate with police. 8A Salvador cont. page 4 It is my observation that Mr. Larios is not willing to cooperate with authorities to his benefit. This has been demonstrated by neglecting to provide accurate information on the provided OLCC application. By his past criminal conduct and conduct towards the public. His lack of cooperati~ is further displayed by the incidents in which he refuses to consistently coopecate with the police and pointing a loaded weapon at police officers and the public. REC'OMMENDATION: ~surances that would overcome concerns, the police depamuent recommends agsh~st the transfer of package liquor store license from Ho Suk Hwang to Salvador ~ ~rios. applicant OLCC - Salem file k~)ODBURN POLICE DEPA~ Incident Report Distribution: Records OLCC 8A 96-001990 Connect # - LIQOUR LICENSE Reported Date/Time: 03/28/96 1132 hrs Occurred Date/Time: 03/28/96 1132 hrs to / / 0000 hrs Location: 320 N -PACIFIC On 032896 at 1132 hrs an application for a change of business name and ownership, and a request for a liquor license was received. Larios ' .haspurchased the business at the above location and Is changing the name to 'Salvador's Bakery #3'. I conducted a background investigation. Involved person: LARIOS, SALVADOR DOB: 12/14/56 Age: 39 ~ Hgt: 5'08' Wgt: 175 Hair: Black Eye: Brown 1265 PARk'~IEWCT MOODBURN, 0R97071 Phone: ($03)982-8443 Type: Home OLN: 4683502 (OR) Employer/School: SALVADOR'S BAKERY ($03)982-4513 405 N FIRSTST M}ODBURN, 0R97071 Involved person: LARIOS,CIPRIANO BM Hair: Black Eye: Brown BIKYlI{EROFSALVADORLARIOSANDOM/I~OFSALVADOR'Sledl/BER 2 Involved person: 14ORA, RIGOBERTOE. lin 174 GARFI~ ST M)OD~, 0R97071 Phone: (503)981-5952T~pe: Business Employer/School: DI~ JALISCO & VIDEO 174 GARFIELD ST W00DBURN, 0R97071 (503)981-5952 Case status/Date: 0 Follow-up Required: Follow-up Assigned To: Patr~j..~bate:Cttves:~Dete Other: Pag~ 1 C.~t. Entry: · 96-001990 8A Business: SALVADOR'S BAKERY NUMBER 3 320 N PACIFIC H~ ~ODBURN, OR 97071 Phone: (503)982-8443 Type: Home Business: HIGI~AY 99R~RKET 320 N PACIFIC li~ WOOD~, 0R97071 Phone: (503)982-2111 Type: Business Business: EXPRESS BAKi~Y 209 S TOPPENISItAV TOPPBNISH, WA 98948 Phone: (509)865-4948 Type: Business Business: OREGON L I~R CONTROL CO~. 213 MADRONA ST SE SAI.~, OR Phone: (503)378-4871 Type: Business JANICE FORBES Business: BETTI~BUSIN~SS~U Phone: (503)226-4355 Type: Business Business: SECTARY OF STATB AKA: COR~TIONSDIVlSION 158 TM~LVKTHSTNI~ SALI~f, OR97310 Phone: (503)986-2200Type: Business Business: TOPP~NISH POLIC~ Dt~:P~ I W FIRST AV TOPPENISN, WA 98948 Phone: (509)865-4355 Type: Business LT. ROSEN(~ Reporting Officer: C.A. CUNNINGHA~ #21286 Page 2 Business: YAKII~ SHERIFF'S OFFICE YAKIMA, WA Phone: (509)574-2500 Type: Business 96-00~990 8A Business: GRANGER POLICEDEP~ GRANGER. WA Phone: (509)854-2656 Type: Business CHIEF RICHARDWEL~ Business: OREGON DEPT OF TBANSPORTATION S~T.T~4. OR Phone: (503)945-5098 Type: Business Reporting Officer: C.A. CUNNINCJIA~ #21286 Page 3 BACKGROUND INVESTIGATION: 96-001990 8A LARIOS, SALVADOR 1. Criminal History: Largos was arrested twice by the United States Border Patrol iu 1976 and deported for illegal entry into the United States. Largos has au arrest for Reckless Endangering &Menacing by the Woodburn Police Department (See Woedburn Police Department case number 93-4610). Larlos pled guilty to the crime of Menacing inM arloncounty District Court. Lartos was ordered by District Court to pay a fine of @$1,953.00. Lartos also recently was arrested on May 3, 1996 by the Woodburn Police Department for a feloay warrant issued out of Yakima, Washington for Rape III (See Woodburn Police Department case number 96-2786). 2. Operator License Status: Larios has a valid Oregon operator's license. Lartos license was canceled in 1988 for fail to appear out of Municipal Court-llood River. Largos license later shows a conviction for no operator's license out of Municipal Court-Hood River in 1988. Lartos was ordered by the court to pay a fine of eS110.00. Larios was also convicted in 1993 by Municipal Court-~llsonville for fall to obey a traffic control device. In 1994 Larios was convicted of violation of speed rural highway in District Court-garionCountyand ordered to pay a fine of e$134.00. Larios was involved in a motor vehicle collision in 1994 in Woodburu. Larios rear ended another vehicle, no injuries and no police investigation. Larios was convicted in 1995 at Justice Court-Woodburn for ,fail to obey a traffic control device and ordered to pay a fine of {$I00.00. Larins was convicted in. 1995 for speeding in District Court-Yamhill County, and ordered to pay a fine of {$99,00. Larins has an expired Washington Operator's license, with no convictions in Washington. LARIOS, ClPRIAN0 GARCIA Criminal History: C. Larios has one arrest for Driving Under the Influence of Intoxicants tn Oregon in 1995. I located no other criminal records or arrests for C. Larios. Operator License Status: C. Largos has a valid Oregon Operator's License. C. Larios was Reporting Officer: C.A. CUNNINGHA~ #21286 Page 4 convicted in 1991 for exceeding the federal speed limit in Justice Court-Woodburn. C. Largos was involved in a collision in 1993. C. Largos was suspended in 1995 for BAC-Fall out of Marion County. 96-001990 8A HORA, RIGOBERTO E. Criminal History: No Criminal History was located for Nora in Oregon, Washington and California. Operator License Status: I located no Oregon Operator's License for Nora in Oregon, Washington and California. CORPORATION COMNISSION: Larlos and T. Largos are the sole listed officers of the Salvador's Bakery Inc. I ~ras also advised that the annual report from Salvador's Bakery Inc. was not received by the commission. BETTER BUSINESS BURFAU No listings or complaints against Salvador's Bakery #1. No listings or complaints against Salvador's Bakery #2. OREGON LIQUOR CONTIIOLC0i~ISSION A single listing for Largos was located. The incident vas a 'Verbal Instruction' (See attached copies of O.L.C.C report). The incident occurred on l/ay 5, 1994 at 405 North First Street, Woodburn (Salvador's Bakery ~1). The Woodburn Police Department responded to a report of a male consu~ing alcoholic beverages on the premises (See Woodburn Police Department case number 94-3054). Larlos was uncooperative with the Woodburn Police Officer. Lartos was verbal giving instructions by the commlsstou to cooperate with the Police in the future. No other violations were located. listings or violations were located for C. Largos, and Salvador's Bakery #2 has no liquor license pemtt. Reporting Officer: C.A. CUNNINGHAH #21286 Page 5 · 96-001990 ~'ASHINGTON LIQUOR CONTROL ~ISSION No listings or violations were located for Larios or "Express Bakery" in Washington. RECORDS SCAN FOR INVOLVED PERSON(S) AND BUSINESS I did a records scan on the business, Salvador's Bakery #1, located at 405 North First Street. I located for the calendar year 1994 to date. I located a total of twenty six (26) calls for service during that time period. Of the twenty six calls, one (1) was a fight, one (1) was a theft, four (4) were disturbances, six (6) were suspicious incidents, one (I) was an assault, eleven (11) were liquor law violations and two (2) were liquor license applications. I did a records scan for the calendar year 1994 to date, of Larios's other business at 311 North Front Street, Woodburn. The business is a restaurant called 'Chavita's'. The restaurant does not serve or sell alcoholic beverages at this tine. I located one (1) call for service at the business, a telephonic harass~.nt. I did a records scan for the calendar year 1994 to date for the proposed new business "Salvador's Bakery #3, located at 320 North Pacific Highway for the calendar year 1994 to date. I located at total of thirteen (13) calls for service. One (1) fight, six (6) suspicious persons, two (2) ordinance complaints, one (1) N.I.P., one (1) disorderly conduct and two (2) liquor law violations. I did a records scan for Larios for the calendar year 1990 to date. I located a total of fifty'six (56) incidents involving Larlos. The incidents are thefts, burglaries, vandalism, trespass, suspicious persons, liquor law violations and assaults. Larios is the c~plainant/witness in all the incidents except three (3}~ Larios was arrested for reckless endangering/menacing in 1993, and aa involved person in a verbal argoment and a ausic disturbance. ,5. I did a records scan for C. Larlos for the calendar year 1990 to date. I located one (1) incident involving C. Larios. The incident was a non-injury motor vehicle collision in 1996 in Salem. I did a records scan for gora for the calendar year 1990 to date. I located a total of five (5) incidents involving Hora. Of the five incidents Hors is the complainant in all but one. Hors is listed as aa involved person in a theft in 1993, an Woodburn Police Officer contacted a subject with some stolen property from Horn's business and Hors took custody of the Reporting Officer: C.A. CUNNING}Oaxl #21286 Page property. 96-001990 8A BUSINESS AREA CANVASS Tobaccoville U.S.A.-Mickey Gust (10-13-73) was contacted and advised he had no problems with Larios selling alcoholic beverages from the new business as when the business was a grocery store, alcoholic beverages were sold there. Jo's Bargain Center-Jay Kim (08-30-67) was contacted and he had no objections to the new business selling alcoholic beverages, as he has had his business for five to seven years and he could only recall one incident that involved alcoholic beverages. Btlyeu-Mlller Insurance-Stewart Worthington (12-22-72) was contacted and he advised that he was personally against selling alcoholic beverages, but that he had uo control that alcoholic beverages were sold in stores, and he had no problems with Larios selling alcoholic beverages at the new business. Crossroad's Deli-Hassan Mohamud (07-02-$0) was contacted and he advised he did not know Larios and therefore he had heard nothing derogatory about Larios. {4ohamud advised that he had no problems with the new business selling alcoholic beverages. Mohamud advised that his only concern was loitering people around the business. Typewriter & Calculator Co-Duane Casme, V (07-19-38) was contacted and he advised that he knew Larios and he had no problems with the new business selling alcoholic beverages. On 050896, I completed a background investigation for a liquor license for a proposed new business to be located at 320 North Pacific Highway. The name of the proposed new business is to be · Salvador*s Bakery #3'. The listed owners of the businesses surrounding the new proposed business were contacted and their respective comments regarding the proposed new business selling alcoholic beverages are listed above. During the background investigation of Lario{, a po{{ibl warrant was located out of Washington. I completed a photo line up, which included a current photograph of Larios, was sent to Toppenish Police Department and shown to Chavez. I was advised that Chavez immediately and positively identified Larios as the suspect. Reporting Officer: C.A. CUNNINGHAH#21286 Page 7 I contacted the listed agencies in regards to Largos, Salvador's Bakery #1, #2, #3, and Chavtta's Restaurant and the above listed information was obtained. Larios was involved in a collision in Woodburn in 1994, no police investigation was requested. I located the listed information regarding C. Largos. C. Largos was arrested once in 1995 and once in 1996, and was involved in a motor vehicle collision in 1993, no police investigation was requested. I located the listed information regardingNora. Nora appears to have no operator's license. Nora only appears to exist as a complainant ln Woodburn Police computer files listing his address, which is his business address at 174 Garfield Street, Woodburn. On 050396 at 1415 hrs I contacted Largos, present at the meeting was Janice Forbes of O.L.C.C. Largos advised that their was not going to be a designated ~mnnger of Salvador's Bakery #3. Largos advised that he was pIanning to spend his time going between Salvador's Bakery #1, Chavita's Restaurant and Salvador's Bakery #3. Largos advised that his wife, Teresa Lartos, ~ould be a contact person for the new business if hew as out of town or otherwise unavailable. Largos advised that he was planning to sell at the proposed ne~ business, beer in containers only. Largos advised that the containers would be 12 ounce can/bottle and 40 ounce bottles. Larlos advised that at this time,, there were no inside seating at the new business, but that he was planning to put seating inslde the business. Larios advised however, that he would continue to not allow persons to consuming alcoholic beverages on the premises. Larios advised that the business will be sell items similar to Salvador's Bakery #1. Largos advised that he had sold Salvador's Bakery #2 in Salem, to his brother, C. Largos. Largos advised he has no interest or connection with Salvador's Bakery#2. I response to ~y question regarding Larlos's loan of e$10.O00.O0 frowN ora, Largos advised that he owns the building that Nora's business is in and that he and Nora often lend each other large su~s of cash with a verbal ngree~ent only. Larios advised that Nora has no interest or hidden ownership in Salvador's Bakery #3. I requested that Larios provide le with signed written conditions of his loan fro~ ~ora, s~ecifying the terms of repayment or default. 96-001990 I then went over the O.L.C.C. application fom filled out by Largos. Larios advised that he had personally filled out the applications. Largos advised that he had forgotten to put the information regarding his business, "Express Bakery", located in Toppenish, Washington in his other O.L.C.C. application form that Reporting Officer: C.A. CUNNINGHA~ #21286 Page 8 96-001990 8A he filled out for Salvador's Bakery #1. Largos advised that the reason he did not list on this O.L.C.C. application his arrest for Henacing/Reckless Endangering in 1993, was that while the Police said he did something wrong, he just fired the gun accidently and he didn't feel he did anything wrong. Largos advised he pled guilty in court, because that's what his attorney told him to do and he was too busy to go to court more and tight the charge. Larlos advised that his bakery in Toppenish, Washington was sold to a Filipino =ale in 1987. Larios advised that he was the sole owner and operator. Larlos advised that he did have an e~ployee that worked In the bakery with his naned, Sonia Chavez. Larlos advised that Chavez was a fenale juvenile at the tine, she worked with his. Larlos denied anlt sexual involve=ent with Chavez. Larios was taken into custody on the felony Rape III warrant out of Washington (See Woodburn Police Departsent case number 96-2786). I checked the attached doctments submitted by Larios. The O.L.C.C. application has the listed omissions. The other documents submitted appear to be in order. I conducted a records scan for calls for service that the Woodburn Police Departnent responded to at Salvador's Bakery #1, Chavlta'sRestaurant. I located a total of twenty six (26) calls for service (See attacbments). I conducted a records scan for calls for service that the Woodburn Police l)epart~ent responded to at 320 North Pacific Highway. I located a total of thirteen (13) calls for service (See attacbments). I conducted a records scan for calls for service that the Woodburn Police Departsent responded to 311 Front Street. I located a total of one (1) call for service. Reporting Officer: C.A. CUNNINGHAH #21286 Page 9 9A- 9C MEMO TO: FROM: SUBJECT: DATE: Mayor and City Council through City Administrator Planning Commission. Site Plan Reviews: Waremart 96-05; Alliance Church 96-09; Woodburn Fertilizer 96-11 June 20, 1996 At their meeting of June 13, 1996 the Planning Commission approved, with conditions three site plans. (1) Waremart - the Planning Commission initially reviewed the applicants request at their public hearing of May 9, 1996. On June 13, 1996 the Commission unanimously approved a final order that incorporated findings, conclusions and conditions of approval. Also attached is the Site Plan Review map. (2) Woodburn Alliance Church, 1420 Newberg Highway - since the proposal consists of a structure less than 4000 square feet in size the approval is administrative. The Commission, however, has the authority to call up such a proposal if they so wish. The Commission acknowledged the proposal. A portion of the staff report and site map is attached. (3) The Planning Commission approved, with conditions, Woodburn Fertilizer Inc.'s request for the expansion (19,500 sq. ft.) of the warehouse facility located at 1370 N. Commerce Way. A portion of the staff report and site plan map is attached. ALLIANCE CHURCH SPR 96-09 9A STAFF REPORT Site Plan Review 96-09 I APPUCANT: II III Laurence Cardoza, Pastor 770 Kelowna Strut Woodburn, OR 97071 OWNER: Woodburn Alliance Church 1420 Newberg Highway Woodburn, OR 97071 NATURE OF THE APPUCATION: The applicant is requesting administrative site plan review approval to utilize the existing structure on site as a church. _The building, site improvements, landscaping, and parking are as delineated on the attached and enclosed drawings. The proposed project is in compliance with applicable requirements as stated in the City of Woodburn Zoning Ordinance. RELEVANT FACTS: The property is located at 1420 Newberg Highway, Woodburn, Oregon. The property can be specifically identified on Marion County Assessors map T5S, RIW, Section 7CB, Tax Lot 8000. The site is zoned RM Multiple Family Reside~tial and planned for High Density Residential development. The proposed use is permitted outright. The facility is already existing and is approximately 2,333 sq. ft. The site plan illustrates 71% of the lot is landscaped this is more than the required amount of landscaping in a Multiple Family Residential zone. The applicant will occupy the existing structure and improve the landscaping and parking areas. Page I - SPR96-09 9A WOODBURN FERTILIZER SPR 96-11 ~270 6Acxll:8ome~ Street Wcxx:lbul'L ~ 97071 (503) 9~-5~2~ TDD (503) 98~-7433 · FAX (S03) 9~2-5fl44 .. . 9B II III STAFF REPORT Site Plan Review 96-11 APPLICANT I OWNER: Woodbum Fertilizer, Inc. 868 North Front Street Woodburn, OR 97071 NATURE OF THE APPUCATION: The applicant is requesting site plan review approval to expand a warehouse building. The total square footage for the addition is approximately 1_9,500 .square, feet end is described in the application. RELEVANT FACTS: The site is located et 1370 N. Commerce Way north of Hardcestle Avenue. The subject property can be identified on Marion County Assessor Map as Tax Lot 200 5S, 1W, Section 7DA. Previous'land use actions related to this site include site plan review 93-13. The site is planned for Industrial development on the Woodburn Comprehensive Plan Map and is zoned for IL Uaht IndustriRI on the Woodburn Zone Map. The propoSe~ addition is a permitted use. Il il !iil I ll[l I 9C WAREMART SPR 96-05 9C MEMO TO: FROM: SUBJECT: DATE: Woodburn Planning Commission Planning Staff Waremart Conditions June 13; 1996 At your hearing of May 9, 1996 the Planning Commission unanimously approved, with conditions, War. mart's development proposal. However, there were four conditions that were removed from Planning Commission consideration to be negotiated between city staff and Waremert representatives. :. The following conditions were negotiated and will be contained in a development agreement to be submitted to the City Council for approval: A. Condition: Land dedication for the contractual one-acre well site obligation B. City Staff/Applicant Understanding Applicant will purchase the contract to acquire the one-acre well site at the appraised market value. A. Condition: Construct the interconnect conduit between the two off ramp signals. B. City Staff/Applicant Understanding The applicant will Install the Interconnect as required by ODOT. A. Condition: Donation of a 50' right-of-way that runs north and south along the entire west property line. B. City Staff/Applicant Understanding After further review It was concluded by city staff that this right-of-way wes not necessary to Insure egress for any of the three Interchange alternatives. 4) A. Condition: The requirement that Woodland Avenue be constructed along the north property line east to west. B. City gtaff/Applicant Understanding The Department of Economic Development and the applicant will participate with the city in the construction of this street, i.e 50% DED Grant, 25% War. mart, 25% City. In staff's opinion the agreement that has been reached is equitable for both sides. This proposal will be submitted to the City Council as a recommendation of approval in conjunction with the Planning Commission's final order with accompanying findings, conclusions, and development agreement. STEVE\HEI4OS\t,,IAREI4RT · NEG IN THE PLANNING COMMISSION OF WOODBURN, OREGON 9C SITE PLAN REVIEW ) ) FINAL ORDER CASE NO. 96-05 ) WHEREAS, the Planning Commission conducted a public hearing in this matter on May 9, 1996 and considered the written information and public testimony submitted, and WHEREAS, the Planning Commission passed a motion for tentative approval of the application subject to certain conditions and the preparation of this Final O~der, and WHEREAS, the Planning Commission further directed that development issues related to the well site, the interconnect requirement, the eest/west improvement of Woodland Avenue, and the north/south west side roadway, be negotiated between city staff and the Applicant, and WHEREAS, the development issues referred to .staff for negotiation have been successfully resolved with the applicant and will ultimately be memorialized in a development agreement, to be executed by the Woodburn City Council that is legally binding and enforceable by the parties~ NOW, THEREFORE: IT IS HEREBY ORDERED BY THE COMMISSION: 1. That site plan approval application 96-05 (Waremart Foods, Inc.) is granted and approved based upon the Findings and Conclusions contained in Exhibit A, which is attached hereto and by this reference incorporated herein. Page 1 - FINAL ORDER 2. That this site plan approval is subject to the conditions contained in Exhibit B, which is attached hereto and by this reference incorporated herein. 9C Approved as to form:~,~- ~~~) ~~0-~ ~? City Attorney Date APPROVED: ~ ~ ~ oAnn Bjella~d, President Passed by the Woodburn Planning Commission June 13~ 1996 Page 2 - FINAL ORDER 9C Exhibit A- Findings and Conclusions [V~arema~t Foods, Inc.] L Nature of th~ Application: IL History of the Application: del~on of~b~ ~ ~sts~ n~iv~y, by~ md the MdMon ~ gaa~ is lq~lly ~ ~d eufonn'ble by the pertie~ Page 1 - Finding~ and Conclurions (N~aremart 9C IlL General Findings of Fact 8o1~ ~ m ~ properly is titan ~ :219 Rom ~h~ nowly constns:ted ~ttemion of Woodland Avmue. e 9C IV. Additional Findings and Conelu~.ons Th~ fonowin~ ~ Findin~ and Cot~l~ ~ to ~fi~ ~ of t~ t~ main sma:fmc to I-$. Thc appficm witt ,too be ptm~ 81 ~ ~bmT-a' uees. 7' - tin height, on lO' ccntm3, ~y f~ ~ ti~ fnoi~i~ from d~ nOfllL 'F~ ~ will a[~ Pag~ $ l~ndin~ and Co;wl~ions (Waremart FoovLv) 9C be planting fifu~en (15) large eveigreea buffet tree~ of similar ~ along the ea.nterly boundary of~ drop ~nc a~. Finally. thete will be $10 larl~e (5 Rallm0 evergreen shml~ pi'draM al(~ ~c msdotity of dsc casu~ pmpe~ ~ ~ ~ ~ ~c ~ AIl phm~d ~cas will be irrigst~d whh / l~mmmt automsfic lnigslton s~m- southwc~ qmdrd~ u£ th~ l-J/Rwy 214 inlctdmgc. ~c~. ~ u th~ ad. ct lX~Xtty will b~ fX~m Woodlmd Avtau~ sottth of~ 2~9. 219, Hwy 214 and I-5 North Ix)und mt l~sy 214 snd 1.5 goulh bound whed~ phase IT is and Conc~m.~ (~areman Foods) 10. 11. 12. 13. Finally, thc l~zfioa of thc proposed dif~ribution center has bcca ctr¢£ully designed so that wh~thcr a split diamond interchange is constructed at tho l-$/Ilwy 214 ~e, or c. entc~ v. ill bc located in such a mariner as to allow for adequate room for thc potential portion ofdz~ lnOlxaiy and. ~ it hllo & small c~elon a:u in b southan lXanion o1' Av~nuo. 9C Page. $ - Findings and Conclusions (Waremart 9C 14. 15. 16. All s/gns w/Il be compaI/ble w/th and appwpr/ate to thc character of the immcd/ate loacling~m'e~ The ~sitcplan-ctlls forSl losding~.ju~ foFpha~ L eve~__,_~! build-o~ of thc cntirc center. VL UMmate Conclusions of Law Page 6- Findings and Conclusions (tVaremart Foods) Exhibit B - Conditions [Waremart Foods, Inc.] CONDITIONS SITE PLAN REVIEW #96-05 WAREMART 9C GENERAL CONDmONS 1. Rnal plan shall conform standards. to the construction plan review procedures and 5 All work within state highway right-of-way ahall require approval and permit from the Oregon Department of Transportation. As shown on the plan, Bonneville Power Administration (B.P:A.) .h~ ti~.. ,:?~0 a 125-foot wide easement. The applicant shall obtain approval arm perm~ ,TOm B.P.A. for the proposed alteration/use within their easement. The applicant, not the City of Woodbum, is responsible for obtaining permits from any state and/or federal agencies which may require approval and/or permit. Existing on-site water wall or sewage disposal systems shall be abandoned in accordance with state regulations. e Ail work shall conform to Woodbum standard specifications and all state building codes. Be STREET 1. Dedicate 90-foot wide right-or-.way for Woodland Avenue extension. 2. This development may be sub]eot to fair share ¢x~t of traffio signal at Hwy 219 and Woodland. At such time es warrants are met. this will be in the form of a e Driveway approach from Woodland extension shall be concrete, constructed to City of Woodbum industrial standards. 4. On-site storm drainage shall discharge through a pollution control manhole. 5. No natural drainage shall be blocked or Impounded by this development. Ce DRAINAGE: 1. No natural drainage shall be blocked or impounded by this development· 2. On-site detention shall be provided for the development for the 25-year event Page I- CONDITIONS (Waremart Foodsl .. Se is not greater than the peak runoff for the 25-year event under pre-development conditions. The drainage way proposed to be relocated shall remain as an open channel and shall provide 8 sufficient hydraulic capacity. The alteretion/reloceticn of the drainage way shall comply with any requirements from B.P.A. and any state or federal agency which may require approval and/or permit. A maintenance easement shall be required over the open channel drainage way. The easement shall extend 20 feet westward from the west top of bank end 20 feet eastward from the east top of bank or to the I-5 right-of-way, whichever The westerly 20 feet of the maintenance easement shall be for purpose,of access and shall be suitable for vehicular access. Storm sewer system within and serving the Woodland Street extension shali be a public system end, depending on the hydraulic analysis, may discharge into the existing 24" diameter main within the 60-foot utility easement if them is sufficient capacity. On-site storm system shall discharge through a pollution control device of either a manhole on Inlets. 9C SANITARY SEWER 1. The existing sanitary sewer shall be extended, as .provided in the Development Agreement. to 1tm west. property line of this development and shall be placed within the Woodland extension, right-of-way. The extension shall be of sufficient size and depth to provide for future development. 2. This parcel is subject to a conditional grant reimbursement for previous sanitary sewer improvements. 3. See Wastewater Department comments for additional, conditions. WATER The existing 12" diameter water main at the end of Woodland Avenue shall be extended to the west property line within the Woodland Ave. extension as provided in the Development Agreement. Fire hydrants shall be placed at a maximum spacing of each 500 lineal feet. 2. The interior looped water main shall also be a city maintained facility and shall Page 2- CONDITIONS (Waremart Foodsl 0 Se e Se be sized according to fire protection requirements, which should take into account the future expansion. A 16-foot wide maintenance easement shall be required. Domestic service shall be provided from 12' main to be extended, water meter to be placed in Woodland right-of-way. The interior water main shall be looped to the west end of the 12' diameter main to be extended. It shall be designed to easily abandon that portion under the proposed building with the future expansion in the next phase. Fire hydrant locations and fire protection requirement shall comply with code requirements and the Woedburn Fire District's condition of approval. Backflow devices may be required depending on water usage (see Waste,water Department comments). Fire sprinkler system shall not reduce the city main'$ residual pressure below 20 psi. Depending on the type of fire protection system required, additional conditions may apply. 9C F. LANDSCAPE PLAN A Landscape Plan will be submitted by the Applicant and approved by the City prior to the Issuance of a building permit. G. DEVELOPMENTAGREEMENT H. ATTACHMENTS The applicant shall comply with the additional conditions specified in Attachments II through VI, affixed hereto. Page 3 - CONDITIONS (Waremart Foods) 9C PLANNING DEPARTMENT - Secure a Department of Environmental Storm Water permit from the Building Official for excavation. PARKING AND PAVING Identify location of handi~p parking. All driveable and paddng surfaces to be paved with concrete and/or, asphalt. In seoond phase the westerly access road wix have to be paved, as well as all tractor tm. ilar areas. STREET AND LANDSCAPING: - Frontage road to be landscaped tt entire length. - Landscape right of way Ii feet behind the right of way on all public - Elevation of berm that mn~ adjacent to I-5 with planting materials cross ~ of berm and landscape. Provide prior to Issuance of building permit. ' - In asoond phase, the westedy aooess road will not have to be paved but - Maintain both ~ides of Woodland right of way ~ - Seoond and third phase will require edditiorml review for substantial conformance. .~i~ ;6, ~996 Mr. $;~-ve Coooclai~z. Director c~y~w~ Woo~um. OR .97071 DEPARTMENT OF TRANSPORTATION Dls~r~ 3 1~ L. f~ick~ Re~k~ P!__,mner 9C 9C Hemo To: From: Steve Goecluttz, Planner C~y of Woodbmn Woodbum Fire Distrk~ Flcility Name: Waremart Foods Occupancy Class: Sl/S2/B (94 Code) Build. Pern~ No. Date: AlXil 15, 1996 SITE PLAN REVIEW COMMENTS WOODBURN FIRE DISTRICr A. ACCESS: 1. Exterior of Facility: To ~]tin 150 fc,.,"t of all portions of the exte~or of all-~res to be built. 2: To I~ta'er of Fadlity: (UBCg04.g.2/U~ 1003.2.2) B. BUEDING EXIT SYS11~: 1. Ooo~O~lo~: Oemnnine Occupant load ~ meet ~umber and C. FIRE FLOW / WATER SUPPLY: Type lin I~uikrmg - S0~ :Spdnl~. credit - 4000gpm O. HYDRANTS: ~ Hy~nts spaced at an average _400 feet ~ no hydrant-more than 225 feet from the building. ( 4 hydrants requ~eu ~ hyd=nts de~~ to SlXinlde~ systen~) 1776 Hedx~ IJd~w¥ ~oodl~ O~eeon 9?0? 9C E. SPRIN~ / FDC: TI~ FIX: ~ be Iomt~ off of ~1~ building at · sim to be ~t~min~ located within 25 f~t of ~i~ ded~ hyclmnts and near the 'fire pump location. u,~.dmd to monleor SlXJnUer system aha rr~,ot any Rraae o, high .,~'-'-~--~~' omo..r~ ..s rscpn~ ..4.r usc ~oos.? Exception 5. U~ ~05.9 ~ ~ mus~ be m~ G. PRE~ISE IDENTIFICATION : Address ~ be posted during co~tnmt~n wlth permanent address vislble from the public way upon c~ ~ ~ be e mlnhmnn of 6 irides In size and be of tL O(X~PAN~'/ SPEC[AL OCCUPANCY REQUf~~: ~ ~ for high r4k~d s'ox~ ~ 81 UF~ ~in~~~- L BUILDING SIZE & UHITATIONS/'TYPE OF CONSTRUCTION: VRthln rgnlts for a Type II one-hour Building. j. F~E & UFE SAFETY ~ REO~ van be condmted by mdou ~ ~ ~ ~ ~ v~h. tmC and teC as jUrisdictions. lC SPECIAL COMMENTS: Standpipe~. Rec~ No attached hoses pemdtmd. Woodlxlm. Oreg~ 97071 C()HPLIANCE. wrrH 111F. S~ RE(L/UIREHENTS ~ C.~ONS1TI1JTl~ PERHISSK)N TO BUILD. ' BUIIJ)II~G ~ ILr~AEWs BY HA~qlON BE COMP[ET-cD,AND PERHrrs, OBTAINED. SUBDIVISION! SITE PLAN REVIEW -- PRE-APPUCATION! NOTES REQUEST OATE: Amil8, 1996 DEPARTMENT: BUILDING CON~.ACT PERSON: Steve Goeckrl~ Planning Dept. 982-5246 ~-r: Wallace W. Uen, Attorney for Applicam= Waremaft Foods TYI~ OF PROJECT: ~te I~n Revbwof Phese I, 200,000 ~q. ft. DlstfllxflJmt ~and the Coflcepu~ Oeslgn of Pltase. II & III. I~:UECTLOCATION: Atthe end of Woodland Ave. epflmxlmatdy ~ south of Sram Hwy. DATE: ~ 17, 1996 TIME: 1'.~0 P.M. SC G1;IERAL INFORMATION TO ~ DEPARTMENT COMMENTS FEQU~ DATE: April 8, 1996 CONTAC~ PERSON: Ste~ Goeckrl~ Planning Dept. 982-5246 ~oflY. ANT: Wallace W. Lien, Attonyr/for Applicant: Ware. mat Foods D~ARTMENT:'WASTEWA~R TYPEOF ~: Site ptan~ofPtmse t, 200,000 Scl. fl:. I:~s~dbmmr ~ m Design of Flase II & ItL DAI'E: Apr~ 17, 1996 TIME: 1'.30 P.M. GBeIAL INFeRMATION .TO APPLICANT- -, .... ~.-..:. :.~.--?.;,,~ ~.411 ;'__--:---" ~-".4_,~M pft, uumre Pdneioki IRPI on domestic Gna. A Double -, .......... '" i-,,,?dlre a oill~nd seoarator on tr,__,c~_ wash area. 9C 11A MEMO TO: FROM: SUBJ.: Mayor and City Council Chris Childs, City Administrator Weremart Develooment A_oreement DATE: June 21, 1996 As of the point that the agenda packet was being printed and distributed this morning, the proposed Warernart Development Agreement was still being reviewed and finalized by the parties. Staff's intent is to have the Development Agreement and Resolution available at the beginning of the meeting on June 24, 1996 for review and subsequent action by the Council. The proposed Development Agreement is based on, and more specifically sets out the details of, a non-binding Letter of Understanding dated June 7, 1996 entered into by the parties at the conclusion of a series of negotiating sessions. A copy of the non-binding Letter of Understanding is attached for your preliminary review. 11A LETTER OF UNDERSTANDING This Letter of Understanding is made this 7th day of June, 1996 by and between Waremart, Inc., hereinafter referred to as 'Waremart", and the City of Woodbum, by and through its staff, hereinafter referred to as the 'City'. The purpose of this agreemeat is to set WH~RKP~ Waremart has filed an application for Site Plan Review to allow constnu~on of ~ dimibution warehouse on property located approxin~ely 900' south of the intersection of Woodland Drive and ]~ghw~y 219 in the City of Woodbum; and Pair and equitable resolutions to the areas of concern, and wish to reduce ~ese unders~d~gs to writing; now *** WITNESSETH *** THE PARTIES DO I;II~I~.RY UNDI~AND that the following comprom_ i~ resolution will be carried out to the best our of ability wi_thin the coufines of our respective authority: This Document is not legally binding, and no legal action shall be intitiated on the basis of ~ ~ of Understnnding. It does however, represent the current stares of settlement resolution of development conditions ~o be required of Wammart in the forward the implementation of the eoncepts contained hersn. 0 Pla~ni,? Commission - The Planning Commission Order will be ~ for execution on June 13, 1996. This Order will approve the site plan, with all of the contained in the staff report, except for the four coadifions rehfing ~o ~he in~; dedication of right of way along the western boundary; coaversion of the well site; and construction of improvemeats for the West W~l~d emmsion. Develoo _me~___t A_rreement Process - The city and Waremart will eater into a development agreem~t covering the four areas eliminated from the Planning Commission's decision, which will be completed in a form agreeable to all parties before the Planning Commission's meeting on June 13, 1996. We will report to the Planning Commism'on that we had been meeting pursuant to their instructions, and that subject to the final appwval of the City Council, agreements on the four conditions have beeu reached. 1lA Develop_ ment Agreement Substance - The Development Agreement would provide in substance the following terms: Ao Interconnect - Waremart will install the interconnect facilities between the existing light on the west side of the freeway interclmnge, and the new light to be ins~lled by the city on the east side of the freeway interchange. ~ - The city agrees to remove any requirement from this project that involves dedicmttion or any other conveyance of land along the western boundary of the subject property. C+ attorney for Waremart will work out a 'scope of work' prospectus which will be final and binding on on both parties. The purchase pxice will be paid in cash by Waremart prior to issuance of the certificate of occupancy for the first building. W_e~__ Woodlnnd Extension - Wa_re. mart shall dedicate 90' of right of way from the terminus of the existing Woodland fight of way in a westerly of the subject property. Waremart shall pay in cash to the city a sum equal to twenty five percent (25~) of the ~ co~t of all of the presently conimnpla~ designed impl'oveixl~ts to be .ooilsii]l~. w~_thln {It'd fight of way, however in no event shall the total oonlxibutlon by Waremart toward said improvements e~ceed $225,000, regardle~ of the amonnt o~ timing of tbe construction. (6O) day~ ~er me project bid haz been accel~ and approv~ by the city. The city ~ agree to have at $ minim~im lt~ ~ pollion of the West Woodland extension eonsm~ and ready for travel by the ~ime the parking lots served by this road are needed by WaremarC The road project dean ~ be ~ub~an~ly ~ mbmitted by Waremart on its ~x:ond site plan ~'on, however it i~ ~ that the parties may ~ree to the elimin~on of the sidewalk or o~r street amenitie~ at this time in order to reduce the overall cost of the project. In the event of e 'hmination of any sUCh amenities, Ware. mart i~ excused from future cost participation for the construction of 11A those amenities. It being the intent of the parties that the cost of such amenities would be bom by new development that would generate the need for these amenities. It is understood and agreed that the Development Agreement shall contain a special provision providing that in the event the grant funds from the state of Oregon to be used to fund one half of the p .recently contemplated street portion of the project to allow access m the W~ parking lot, and Watema~ will contribute one half of the costs of all coosUucfion of for herein. application. There would be no staff appeal. On June 24, 1996, we would ~eport to Council that ~ action of the Plmming Commission had not been appealed, that no one had sumding m sppeal because there has been no objection lodged at all to the project, and Shat subject to the City Council's decJ_'_~on not to call up the case the decision of the Planning Commission would represent the final land use action of the city. We would also report that lmrsuam to the direction of the Planning Commission, stnff and the npplicant hnd negotiated a Development Agreement, which would Council would then vote on the decision of the Planning Commission and the execution of the Development Agremnmt. 'I'ne Development ~t would WAREMART County, Oregon. crr w°°I Um Approved at to Form: Wallace W. Lie~, AttOrney for Waremart N. Robert Shields, City Attorney 11A 111:3 City of Woodburn Police Department Ken Wrigltt/~(' )/ Chief of ~ MEMORANDUM Woodbum, Ore, on 97071 (503) 982-2345 Date: June 17, 1996 To: Mayor and Council · C. Childs, City Administrator Subject: The council ordered the graffiti ordinance drafted and presented. The first draft was brought before the council May 13, 1996 at which time the council conducted a public hearing. The public hearing provided for public and council input for the final ordinance. This input provided further guidance to staff for final draft. At the June 10, 1996 council meeting staff brought back a "final" draft ordinance and the council received continued public input in the form of support for the ordinance. The public included the business community via the Chamber of Commerce and Woodbum Downtown Association. Both regretted the need for the ordinance, but recognized the need for a policing ordinance that would force property owners who refused to comply with graffiti removal. Topics the council further discussed that are in place to assist the public and council were: the paint back program through the Woodbum Fire District. This program provides the community with free recycled latex paint for covering graffiti. Recycled paint is avnilnhle from fire department for dispersal through Marion County recycling program. Paint may be obtained from the Fire District seven days per week. Another topic was the possibility of the Mothers Against Gangs program to provide free labor to those who cannot afford or are unable to repaint over graffiti. I have contacted the M.A.G. coordinator Rosemary Ramerize who advised that she is still willing to assist on a limited basis. The final graffiti ordinance contains a process of encouraging compliance providing for a ten day time frame for the property owner to comply. The ordinance also contains a enforcement process in which violators will be cited to the City Council for a public hearing, after which the council will decide on the remedy for correcting thc ordinance violation. Recommendation: The City Council approve the Graffiti Ordinance with emergency clause. 11B COUNCIL BILL NO. ORDINANCE NO AN ORDINANCE RELATING TO GRAFFITI NUISANCE PROPERTY; PROVIDING FOR NOTICE TO PROPERTY OWNERS; REQUIRING ABATEMENT OF GRAFFITI; PROVIDING FOR REMEDIES; AND DECLARING AN EMERGENCY. WHEREAS, the City Council finds that the presence of graffiti creates a visual blight and property damage; and WHEREAS, the Council further finds that graffiti constitutes a public nuisance and is destructive of the rights and values of property owners as well as the entire community, and WHEREAS, the Council further finds that if graffiti is allowed to remain on property and is not promptly removed, this invites additional graffiti and criminal activity; and WHEREAS, the Council further finds that the continued presence of graffiti encourages gang activity and further acts of graffiti vandalism and defacement; and WHEREAS, the Council further finds that the provisions of this Ordinance do no conflict with any existing anti-graffiti Oregon state laws and that this Ordinance is enacted pursuant to the City of Woodburn's police powers, as specified in the Woodburn City Charter; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. DEFINITIONS: A. 'Graffiti' means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property. B. "Graffiti nuisance property" means property to which graffiti has been applied, if the graffiti is visible from any public right-of-way, any other public or private property or from any premises open to the public, and if the graffiti has not been abated within the time required by this ordinance. Page I - COUNCILBILLNO. ORDINANCE NO. 11B Ce property. "Owner" means the legal owner of property or a person in charge of D. "Person in charge of property" means an agent, occupant, lessee, contract purchaser or other person having possession or control of property or supervision of a construction project. E. 'Property' means any real'or personal property and that which is affixed, incident or appurtenant to real property, including but not limited to any premises, house, building, fence, structure or any separate part thereof, whether permanent or not. Section 2. PROHIBITED GRAFFITI. It shall be unlawful for any person to apply graffiti. Section 3. PENALTY. Violation of Section 2 of this ordinance is punishable by the penalty provided by Oregon State Law. Section 4. GRAFFITI NUISANCE PROPERTY. A. It is hereby found and declared that graffiti creates a visual blight and property damage. When graffrti is allowed to remain on property and not promptly removed, it invites additional graffiti, gang activity, criminal activity, and constitutes a nuisance. B. Any property within the city which becomes graffiti nuisance property is in violation of this ordinance. C. Any owner of property who permits said property to be a graffrti nuisance property is in violation of this ordinance. Section 5. NOTICE PROCEDURE. A. When the Chief of Police believes in good faith that property within the city is a potential graffiti nuisance property, the Chief of Police shall, notify the owner in writing that the property is a potential graffiti nuisance property. The notice shall contain the following information: (1) The street address or description sufficient for identification of the property. Page 2- COUNCIL BILL NO. ORDINANCE NO. 11B (2) That the Chief of Police has found the property to be a potential graffiti nuisance property with a concise description of the conditions leading to this finding. (3) A direction to abate the graffiti, or show good cause to the Chief of Police why the owner cannot abate the graffiti, within ten city business days from service of the notice. (4) That if the graffiti is not abated and good cause for failure to abate is not shown, the City Council may order abatement, with appropriate conditions, the City Council may also employ any other remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing a civil complaint to be filed in a court of competent jurisdiction. (5) That permitting graffiti nuisance property is a Class I civil infraction punishable by a civil forfeiture not to exceed $500, pursuant to the Civil Infraction Ordinance. (6) That the above remedies are in addition to those otherwise provided by law. B. Service of the notice is completed by personal service or upon mailing the notice by first class mail, postage prepaid, addressed to the owner at the owner's last known address. C. A copy of the notice shall be served on occupants of the property, if different from the owner. D. The failure of any person or owner to receive actual notice of the determination by the Chief of Police shall not invalidate or otherwise affect the proceedings under this ordinance. Section 6. ABATEMENT PROCEDURES A. Within ten business days of the personal service or mailing of the notice the owner shall abate the graffiti or show good cause why the owner cannot abate the graffiti within that time period. B. Upon good cause shown, the Chief of Police may grant an extension not to exceed ten additional city business days. Page 3- COUNCIL BILL NO. ORDINANCE NO. 11B C. If the owner does not comply with the provisions of this ordinance, the Chief of Police may refer the matter to the City Council for hearing as a part of its regular agenda at the next succeeding meeting. The City Recorder shall give notice of the hearing to the owner and occupants, if the occupants are different from the owner. D. At the time set for a hearing, the owner and occupants may appear and be heard by the City Council. E. The City Council shall determine whether the property is graffiti nuisance property and whether the owner has complied with this ordinance. F. The city has the burden of proving by a preponderance of the evidence that the property is graffiti nuisance property. G. The owner has the burden of proving by a preponderance of the evide.nce that there is good cause for failure to abate the nuisance within ten city business days of the personal service or mailing of the notice. Section 7. REMEDIES OF THE CITY A. In the event that the City Council determines that the property is graffiti nuisance property, the City Council may order that the nuisance be abated. This order may include conditions under which abatement is to occur. B. The City Council may also employ any other legal remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing the filing of a civil complaint in a court of competent jurisdiction. C. The remedies provided in this section are in addition to those otherwise provided by law. Section 8. CIVIL PENALTY. Permitting graffiti nuisance property is a Class I civil infraction punishable by a civil forfeiture not to exceed $500, pursuant to the Civil Infraction Ordinance. Section 9 o ABATEMENT BY THE CITY. If the owner fails to abate the nuisance as ordered by the City Council, the city may cause the nuisance to be abated as provided in the City Nuisance Ordinance, Ordinance No. 1616. Section 10. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this Page 4 - COUNCILBILLNO. ORDINANCE NO. 11B ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form: City Attorney Date 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 Nancy A. Kirksey, Mayor Page 5 - COUNCIL BILL NO. ORDINANCE NO. 11C MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator SUBJ.: Ordinance AdoDtin_e 1996-97 City Bud_eat DATE: June 20, 1996 RECOMMENDATION: Approve accompanying Council Bill (ordinance) adopting Fiscal Year 1996-97 budget, making appropriations and levying taxes. ' BACKGROUND; The City's Fiscal Year 1996.97 budget was approved, following deliberations in a series of public meetings, by the City's budget committee on March 28, 1996. Subsequently, a public hearing was conducted by the City Council on May 13, 1996. At this time the budget comes before the governing body, the Woodburn City Council, for final adoption and implementation on July 1, 1996. A budget is designed to reflect, to the most accurate extent possible, the entity's needs and anticipated revenues and expenditures for the following year. Additional information that has become available since March suggests that some changes are appropriate in conjunction with final adoption of the budget by the Council. Any changes mede are subject to certain statutory constraints and none of the chanoes affect the orooertv tax low amounts oreviouslv determined by the budder committee. The budget committee approved the 1996-97 budget with the understanding that adjustments reflecting an administrative reorganization of the City's code enforcement program would be addressed in connection with the adoption of the budget by the Council. These adjustments have been made and are reflected in the budget to be adopted. Code enforcement costs are now shown in the Police Department budget, rather than in the General Fund transfer to the T&E Fund and the Community Development Department. Because of certain economies of scale that can be achieved by administering the program through the Police Department, as well es the fact that enforcement of zoning ordinance issues will remain with Community Development, only the full-time code enforcement officer position is presently needed by the Police Department. The other half-time position is eliminated and offset by increasing the new Planning Dept. secretary position to full-time, in order to free up technical Planning staff from clerical details to be able to perform necessary zoning ordinance enforcement activities. The original budgetary request for the secretarial position was, in fact, for a full-time, rather than half-time, position. From this point on, and with code enforcement now reflected as a police function, the General Fund transfer to the T&E Fund will reflect only General Fund support of the Planning 11C Page 2 - Memo 1996-97 Budget Ordinance Division. The net cost of this entire reorganization is some $2,010. Additional unanticipated 1995- 96 revenues from court-related fees and fines will increase the working capital carryover into 1996- 97 and offset this difference as well as provide an additional $2,160 toward the development of the city hall basement for additional office space and $1,650 for local match of a new federal BJA grant. This past week we were notified that the city is eligible for a new BJA grant of soma $16,450 to be used for certain law enforcement-related purposes. The $1,650 described in the preceding paragraph covers a required 10% match for this grant. It appears that the 0nly barrier to receiving this money is merely the task of completing a one-page application form. The federal BJA program is an element of the same program that is currently providing funding for three Police Department positions under the 'COPS' and 'COPS Fast'. In discussions with Chief Wright, we have tentatively identified the use of this newer BJA grant for a one-time capital outlay purpose, possibly either an advanced time-saving fingerprinting system or a small trailer to transport community policing educational materials and displays. One additional clarification is in order. In a discussion during the final budget committee meeting, I reminded the group that funds earmarked as 'unappropriated balances' in various funds could not be spent until after July 1, 1997 (the following fiscal year). One committee member questioned why unappropriated balances, if needed, couldn't simply be reappropriated during the year through the supplemental budget process. To prevent any misunderstanding, staff did some followup research on this issue and determined with certainty that unappropriated balances cannot be reappropriated during the budget year in progress. Applicable excerpts from the Oregon Department of Revenue read as follows: 'The unappropriated ending fund balance that is established in the budget is intended to provide cash carry-forward to begin the following fiscal year.- It also states that 'No expenditures can be made from an unappropriated ending fund balance during the year in which it is budgeted. No action may be tarn through resolution, ordinance or supplemental budget to soend these moneys [emphasis added]. Clearly, an unappropriated balance represents 'fenced money' to accumulate for use in a subsequent fiscal year. A summary of all proposed budgetary changes, including those described above, is as follows: Net GENERAL FUND Revenues: Working Capital Carryover BJA Equipment Grant General Fund Revenues 10,825 16,450 27,275 11¢ Page 3 - Memo 1996-97 Budget Ordinance Increase Net A~l!ustment Appropriations: Police - Personnel Services Police - Materials & Services Police - Capital Outlay Non-Dept. - Consultant Services Interfund Transfer - Tech & Envir Serv. Interfund Transfer - General Fd CIF General Fund Appropriations W.E.L.L. PROGRAM FUND: Appropriations: Materials & Services Capital Outlay W.E.L.L. Program Fund STATE REVENUE SHARING FUND: Revenues: Working Capital Carryover State Revenue Sharing Fund Revenues Appropriations: Street Resurfacing/Improvements State Revenue Sharing Fund Appropriations CABLE FRANCHISE MANAGEMENT FUND: Revenues: Franchise Taxes (CATV Program) Cable Franchise Management Fund Revenues Appropriations: CATV Access Program Cable Franchise Management Fund Appropriations GENERAL FUND CAPITAL IMPROVEMENT FUND: Revenues: Transfer from General Fund General Fund CIF Revenues 45,392 6,525 18,100 5,000 2,160 (49,902) (2,400) 27,275 -0- 2,160 11C Page 4 - Memo 1996-97 Budget Ordinance increase Net Appropriations: Capital Outlay - Basement Project Operating Contingency General Fund CIF Appropriations WASTEWATER FUND: Revenues: Working Capital Carryover Sewer Rec. II, 40% Wastewater Fund Revenues Unappropriated Balance Wastewater Fund 29,160 100,000 222,000 322,000 (27,000) 322~000 322,000 PUBLIC WORKS FACILITY CONSTRUCTION FUND: Revenues: Working Capital Carryover Public Works Facility Const. Fund Revenues Appropriations: Capital Outlay - Facility Imprv/New Equip Public Works Facility Const. Fund Appropriations 16,000. TECHNICAL & ENVIRONMENTAL SERVICES FUND: Revenues: Transfer from General Fund Tech. & Envir. Services Fund Revenues Appropriations: Planning Div. - Personnel Services Code Enforcement- Pers. Services Code Enforcement - Mtls. & Services Tech. & Envir. Services Fund Appropriations 21,503 (49,902) (61,705) { 9,7OO) (49,902) (49,902) 11C COUNCIL B'~LL NO o ~ ~ i ORDINANCE NO. AN ORDINANCE ADOPTING A BUDGET FOR FISCAL YEAR 1996-97, MAKING APPROPRIATIONS, LEVYING T~I~S, AND DECLARIN~ AN EMERGENCY. CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the budget for fiscal year 1996-97 is hereby adopted as set forth below. Section 2. That the taxes levied for fiscal year 1996-97, beginning July 1, 1996, as provided for in the budget adopted in Section 1 of this ordinance in the aggregate amount of $3,600,035 and that t~ese taxes are levied upon all taxable property within the City as of 1:00 a.m. July 1, 1996. The following allocation and categorization subject to the limits of Section 11b, Article XI of the Oregon Constitution make up the above aggregate levy: Subject to the Excluded from General Government the Limitation Limitation Tax Base Library Continuing Levy Parks Continuing Levy Bonded Debt Category Total TOTAL LEVY $ 2,009,710 540,582 860,474 $ 3,410,766 $ $ 3,600,035 189,269 189,269 Section 3. That the budget amounts for fiscal year 1996-97, and for the purposes shown below, are hereby appropriated as follows: Page 1 - COUNCIL BILL NO. ORDINANCE NO. llC Section 5. That if any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered. Section 6. This ordinance being necessary for the public peace, health and safety, in that a budget for fiscal year 1996-97 needs to be adopted by July 1, 1996 in order to continue City services, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to Form: I$/N. Robert Shields City Attorney Date APPROVED Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 9 - COUNCIL BILL NO. ORDINANCE NO. 11C gENERAL FUND --- City Council and Mayor City Administrator's Office Municipal Court/City Recorder's Off. City Attorney's Office Finance Department Police Department City Maintenance Division Non-Departmental - Materials & Services Capital Outlay Interfund Transfer - Tech. & Envir. Serv. Fd Interfund Transfer - RSVP Federal Prgms Fd Interfund Transfer - Invst. & Seizure Fd Interfund Transfer - General Fund CIF Interfund Transfer - Cap. Proj. Mgmt. Fund Operating Contingency $ 8,095 85,162 76,575 59,116 94,662 2,105,173 87,660 319,190 40,488 90,098 22,458 20,000 126,160 40,000 122,900 TOTAL GENERAL FUND APPROPRIATIONS TRANSIT SYSTEM FUND -- City Transit System $ Interfund Transfer - Transit/DAR Eqp. Repl Fd Operating Contingency Dial-a-Ride Program Interfund Transfer - Transit/DAR Eqp. Repl Fd Operating Contingency 82,738 3,000 1,790 62,163 2,000 1,404 TOTAL TRANSIT SYSTEM FUND APPROPRIATIONS LIBRARY FUND -- Personal Services Materials & Services Capital Outlay Operating Contingency 368,517 179,343 64,690 35,000 TOTAL LIBRARY FUND APPROPRIATIONS PARKS AND RECREATION FUND --- Administrative Services Parks & Facility Maintenance Leisure Services Swimming Pool Non-Departmental - Materials & Services Non-Departmental - Capital Outlay Operating Contingency 214,891 316,193 187,720 309,094 44,872 5,000 30,000 TOTAL PARKS AND RECREATION FUND $3;297,737 $ 153,095 $ 647,550 $1,107,770 Page 2 - COUNCIL BILL NO. ORDINANCE NO. 11C INVESTIGATION AND SEIZURE FUND --- Materials & Services TOTAL INVESTIGATION & SEIZURE FUND APPROPRIATIONS W.E.L.L HEALTH PRO~RAMFUND --- Materials & Services $ TOTAL W.E.L.L. HEALTH PROGRAM FUND STATE REVENUE SHARING FUND --- Materials & Services $ Capital Outlay TOTAL STATE REVENUE SHARING FUND APPROPRIATIONS HOUSING REHABILITATION FUND --- Materials & Services $ Capital Outlay Operating Contingency TOTAL HOUSING REHABILITATION FUND APPROPRIATIONS FEDERAL PR0~_RAMS FUND (Retired Senior Volunteer Pro~r~) -- Personal Services Materials & Services Capital Outlay TOTAL FEDERAL PROGRAMS FUND APPROPRIATIONS CABLE FRANCHISE MANAGE~F~NT FUND --- CATV Access Program CATV Franchise Management $ 30,600 2,400 43,000 61,200 60,920 165,000 67,300 $ 56,905 27,819 5OO $ 11,550 6,472 TOTAL CABLE FRANCHISE MANAGEMENT FUND APPROPRIATIONS STREET FUND --- Street Repair & Maintenance Street Cleaning Non-Departmental - Materials & Services Interfund Transfer - Tech. & Envir. Serv. Fd Interfund Transfer - Pub. Wrks Const. Fund Interfund Transfer - Street Equip Repl Fund Operating Contingency $ 456,372 60,629 33,000 165,000 20,000 30,000 $ 40,433 TOTAL STREET FUND APPROPRIATIONS 30,600 2,400 104,200 293,220 85,224 18,022 805,434 Page 3 - COUNCIL BILL NO. ORDINANCE NO. 11C CITY GAS TAX FUND --- Materials & Services Capital Outlay TOTAL CITY GAS TAX FUND APPROPRIATIONS BONDED DEBT FUND --- Debt Service - Principal Ensuing Year Debt Service - Interest Ensuing Year TOTAL BONDED DEBT FUND APPROPRIATIONS BANCROFT B0~.WD ~EMPTIONFUND --- Debt Service - Principal Ensuing Year Debt Service - Interest Ensuing Year Unappropriated Balance TOTAL BANCROFT BOND REDEMPTION FUND APPROPRIATIONS GENERAL FUND CAPITAL IMPROVEMENT FUND --- Capital Outlay Unappropriated Balance TOTAL GENERAL FUND CAPITAL IMPROVEMENT FUND $ 10,000 199,000 $ 201,687 82,235 $ 104,000 10,900 215,015 $ 114,160 56,000 $ 209,000 $ 283,922 $ 114,900 $ 114,160 SPECIAL ASSESSMENT FUND --- Materials & Services Capital Outlay Debt Service - Bond/Assessment Expense TOTAL SPECIAL ASSESSMENT FUND APPROPRIATIONS STF~T/~TORM DP. ATN CAPITAL IMPROVEMENT FUND --- Materials & Services $ Capital Outlay TOTAL STREET/STORM DRAIN C.I.F. APPROPRIATIONS PARK & ~CREATION CAPITAL IMPROVEMENT FUND --- Park Projects Centennial Park Project Neighborhood Park Projects Community Center Project TOTAL PARK & RECREATION C.I.F. APPROPRIATIONS $ 25,350 570,650 23,000 20,000 483,000 27,365 73,092 27,365 27,365 $ 619,000 $ 503,000 $ 155,187 Page 4 - COUNCIL BILL NO. ORDINANCE NO. 11C CITY HAT.?. CONSTRUCTION FUND --- Materials & Services $ 3,921 TOTAL CITY HALL CONSTRUCTION FUND APPROPRIATIONS CAPITAL PROJECT MANAGEMENT FUND --- Materials & Services Capital Outlay Operating Contingency Unappropriated Balance 23,500 10,800 22,000 96,732 TOTAL CAPITAL PROJECT MANAGEMENT FUND APPROPRIATIONS TRANSPORTATION IMPACT FEE FUND --- Materials & Services Capital Outlay Interfund Transfer - PW Shop Const. Fund 150,000 503,000 30,OO0 TOTAL TRANSPORTATION IMPACT FEE FUND APPROPRIATIONS STORM WATER SYSTEM DEVELOPMENT FUND --- Materials & Services Capital Outlay Interfund Transfer - PW Shop Const. Fund $ 120,000 80,000 30,000 TOTAL STORM WATER SYS DEVLP. FUND APPROPRIATIONS TRANSIT/DIAL-A-RIDE EQUIP. REPL. RESERVE FUND --- Capital Outlay $ 8,367 TOTAL TRANSIT/DAR EQUIP. REPLC RES FUND APPROPRIATIONS ST~T EQUIP. REPLACE~T RESERVE FUND --- Capital Outlay $ 111,000 TOTAL STREET EQUIP. REPL. RES. FUND APPROPRIATIONS SEWER CAPITAL IMPROVEMENT FUND --- Materials & Services Capital Outlay $ $ 47,860 72,140 TOTAL SEWER C.I.F. APPROPRIATIONS $ 3,921 $ 56,300 $ 683,000 $ 230,000 $ 8,367 $ 111,000 $ 120,000 Page 5 - COUNCIL BILL NO. ORDINANCE NO. 11C WATER CAPITAL IMPROVEMENT FUND --- Materials & Services Capital Outlay TOTAL WATER C.I.F. APPROPRIATIONS $ 62,000 $ 139,000 $ 201,000 WASTEWATER TRm~T~mFT PLANT CONSTRUCTION FUND --- Materials & Services Capital Outlay $2,815,000 1,304,000 TOTAL WWTP CONSTRUCTION FUND APPROPRIATIONS WATER w~_?~L SOURCE/DISTRIBUTION CONSTRUCTION FUND --- Materials & Services Capital Outlay $ 35,000 343,000 TOTAL WATER WELL SOURCE/DIST. CONST. FD APPROPRIATIONS WATER FUND --- Water Administration Meter Reading/Accounting Misc. Water Accounts - Materials & Services Interfund Transfer - Tech. & Envir. Serv. Fd Interfund Transfer - Water Equip. Repl Fd Interfund Transfer - PW Shop Construction Fd Interfund Transfer - Cap. Proj. Mgmt Fd Operating Contingency $ 737,342 129,431 16,100 235,000 15,000 20,000 4,500 41,880 TOTAL WATER FUND APPROPRIATIONS WASTEWATER TREATMENT PLANT FUND --- Treatment Plant Operations Sewer Line Maintenance Misc. WWTP Accounts - Materials & Services Interfund Transfer - Tech. & Envir. Serv. Fd Interfund Transfer - Water Fund Interfund Transfer - WWTP Equip Repl Fund Interfund Transfer - WWTP Construction Fund Interfund Transfer - PW Shop Construction Fd Interfund Transfer - Cap. Proj. Mgmt. Fund Operating Contingency Unappropriated Balance 899,331 185,760 29,500 240,000 51,900 75,000 665,000 20,000 3,400 37,448 1,340,300 TOTAL WASTEWATER TREATMENT PLANT FUND APPROPRIATIONS $4,119,000 $ 378,000 $1,199,253 $2,207,339 Page 6 - COUNCIL BILL NO. ORDINANCE NO. 11C WATER SYSTEM DEVELOPMENT TRUST FUND --- Materials & Services $ Capital Outlay Interfund Transfer - PW Shop Const. Fund Interfund Transfer - Wtr Well Source Const Fd 110,000 243,147 60,000 55,000 TOTAL WATER SYSTEM DEVLP. TRUST FUND APPROPRIATIONS WASTEWATER SYSTEM DEVELOPMENT TRUST FUND --- Materials & Services $ 140,000 Capital Outlay 125,000 Interfund Transfer - PW Shop Const. Fund 60,000 Interfund Transfer - WWTP Const. Fund 495,000 TOTAL WASTEWATER SYSTEM DEVLP. TRUST FUND APPROPRIATIONS PUBLIC WOPX~ SHOP FACILITY CONSTRUCTION FUND --- Capital Outlay $ 360,000 TOTAL PUBLIC WORKS FACILITY CONST. FUND APPROPRIATIONS WASTEWATER EQUIP. ~PLACEMENT RESERVE FUND --- Capital Outlay $ 204,630 TOTAL WASTEWATER EQUIP REPLC RES FUND APPROPRIATIONS WATER EQUIP. REPLACEMENT RESERVE FUND --- Capital Outlay $ 134,000 TOTAL WATER EQUIP. REPLAC RES. FUND APPROPRIATIONS WQRKINGCAPITAL FUND (Central Stores) --- Materials & Services $ 17,300 Unappropriated Balance 10,172 TOTAL WORKING CAPITAL FUND APPROPRIATIONS SELF-INSURANCE FUND --- Materials & Services $ 326,969 TOTAL SELF-INSURANCE FUND APPROPRIATIONS $ 468,147 $ 820,000 $ 360,000 $ 204,630 $ 134,000 $ 17,300 $ 326,969 Page 7 - COUNCIL BILL NO. ORDINANCE NO. 11C TEC__wNICAL & ENVIRONMENTAL SERVICES FUND --- Public Works Administration Operating Contingency Engineering Division Interfund Transfer - Cap. Proj. Mgmt. Fund Central Garage Building Division Planning Division $ 112,749 21,892 514,945 3,400 55,848 150,065 206,615 TOTAL TECH. & ENVIRONMENTAL SERV. FUND APPROPRIATIONS LIBRARY ENDOWMENT FUND --- Operating Contingency $ 88,158 TOTAL LIBRARY ENDOWMENT FUND APPROPRIATIONS OPERATING RESERVE FUND --- Capital Outlay Operating Contingency Unappropriated Balance $ 15,000 172,000 200,000 TOTAL GENERAL OPERATING RESERVE FUND APPROPRIATIONS $1,065,514 $ 88,158 $ 187,000 TOTAL APPROPRIATIONS -- ALL FUNDS TOTAL UNAPPROPRIATED BALANCE -- ALL FUNDS $21,533,319 1,918,219 TOTAL 1996-97 CITY BUDGET $23,451,538 Less: Budget Resources other than taxes to be levied $20,299,101 Taxes necessary to balance budget Taxes estimated not to be received ensuing year Total Taxes levied by Section 2 of this Ordinance $ 3,152,437 $ 447,598 $ 3,600,035 The following tax allocations constitute the above aggregate levy: General Fund $ 1,957,643 Transit Fund 52,067 Library Continuing Levy 540,582 Parks Continuing Levy 860,474 Bonded Debt Fund 189,269 Total Taxes Levied $ 3,600,035 Section 4. That the City Recorder shall certify the tax levy to the County Clerk and County Assessor of Marion County, Oregon, made thereby and shall file with the Department of Revenue and the Division of Audits of the Secretary of State, State of Oregon, a true copy of the budget as finally adopted in accordance with the provisions of the Local Budget Laws of the State of Oregon. Page 8 - COUNCIL BILL NO. ORDINANCE NO. 11D TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator Transfers of Bude_etarv A~_ _~ro_~riation~ June 13, 1996 RECOMMENDATION: Approve accompanying Council Bill (resolution) authorizing transfer of appropriations within certain funds. BACKGROUND: State budget law requires that budgetary expenditures be grouped by certain types of categories and that any particular category cannot be overspent in total. However, the law also allows unused appropriations in other categories of the same fund to be transferred to cover the potential overexpenditure. This is technically a transfer of the authority to spend rather than actual dollar resources. The fund must ;t[YYaY_S have the dollar resources available to cover any expenditure. Each year, as we approach the very end of the fiscal year, staff reviews areas where specific categories may be at risk of being over budget and makes specific recommendations as to other budgetary appropriations that will not be utilized and can be transferred to the area where needed. This resolution accomplishes the necessary appropriations transfers for Fiscal Year 1995-96, except for contingency transfers, which are reflected in a separate resolution. Staff recommends approval of this resolution. 11D COUNCIL BILL NO. ~ ~ RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS WITHIN A FUND DURING FISCAL YEAR 1995-96. WHEREAS, Oregon Revised Statutes 294.450 allows the transfer of appropriations within a fund after the budget has been approved and during the year in which appropriations are made, now, therefore, TW~ CITY OF WOODBURNRESOLFESA~ FOLLOWS: Section 1. That the following budgetary transfer of appropriations within each fund are hereby authorized to meet estimated operational expenditures: · Transfer From: Municipal Court - Personnel Services (01-030-512. 000) Materials & Services (01-030-655.050) Materials & Services (01-030-655.051) Finance - Personnel Services (01-050-512. 000) Transfer To: City Administrator' s Office - Personnel Services (01-020-512. 000) City Attorney' s Office - Personnel Services (01-040-512. 000) $ 2,000 2,000 1,000 $ 1,500 $ 1,500 $ 5,000 blB~ARY FUND: Tr---efer From: Personnel Services (15-150-512.000) Transfer To: Capital Outlay (15-150-710.010) CABLE FRANCHISE MANAGEMENT FUND: Tr~nefer From: Materials & Services (39-395-630.050) Transfer To: Materials & Services (39-390-655.002) Page 1 - COUNCIL BILL NO. RESOLUTION NO. $ 2,000 $ 3,000 $ 2,000 $ 3,000 11D TECHNICAL & ENVIRONMENTAL SERVICES FUND: Transfer From: Planning Division: Personnel Services (82-850-512.000) Materials & Services (82-850-630.050) Code Enforcement Division: Personnel Services (82-855-513.000) Materials & Services (82-855-620.045) Transfer To: Building Division: Materials & Services (82-845-659.005) Approved as to Form: /s/N. Shields City Attorney $ 1,000 1,000 $ 1,500 1,500 $ 5,000 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, Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. RESOLUTION NO. 11E MEMO TO: THROUGH: FROM : DATE : SUBJECT: MAYOR AND CITY COUNCIL Chris Childs, City Administrator Mary Tennant, City Recorder ~ June 13, 1996 Transfer of Operating Contingency RECOMMENDATION: Council approve the accompanying Council Bill that authorizes the transfer of operating contingency appropriations within the 1995-96 budget. BACKGROUND: ORS 294.450 allows for the transfer of operating contingency appropriations to meet unforseen financial obligations incurred during the fiscal year. Transfers are proposed in the following areas: 1) Park Fund -- a) Pool equipment purchased for the new aquatic center exceeded the estimated appropriations by $15,000. Sufficient revenues are available in the Park & Recreation fund to cover costs incurred and transferring contingency appropriations insures our compliance with State Budget Law. b) The Legion Park pavilion was damaged following the December 1995 windstorm. Insurance proceeds will be received before the end of this fiscal year to pay for contractual services relating to clean-up costs and the reconstruction of the pavilion. However, there is .insufficient operating contingency funds available in the Park & Recreation Fund to increase the appropriations line item for this facility improvement. ORS 294.450 allows for the transfer of General Fund operating contingency appropriations to any budgetary fund. Since the revenue source will be directly deposited into the Park & Recreation Fund, there will be no transfer of General Fund revenues to pay for the cost of repairs. 2) Technical & Environmental Services Fund -- The Building Division experienced a dramatic increase in County electrical and plumbing permits issued to contractors during this fiscal year. Operating contingency appropriations are needed to offset this increase in "pass-through" costs. COUNCZL B~LL NO. ! "/~ ~ RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 1995-96. WHEREAS, Oregon Revised Statutes 294.450(2) allows for the transfer of operating contingency appropriations within a fund to an existing appropriations category within the same fund during the year in which appropriations are made, and WHEREAS, Oregon Revised Statutes 294.450(3) allows for the transfer of operating contingency appropriations from the General Fund to any other fund when authorized byresolution, and WHEREA~, transfers of operating contingency funds with~h and to the Park and Recreation Fund are necessary to meet unanticipated expenditures in the purchase of aquatic center equipment and the =epair of the Legion Park pavilion which was damaged during the December.1995 wind storm, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: following budget: Section 1. operating That authorization is hereby given to transfer the contingency appropriations within the 1995-96 TaANSFF~ FROM: Park & Recreation Operating Contingency (20-230-921.000) General Fund Operating Contingency (01-090-921.000) Technical & Environmental Serv. Fund Operating Contingency (82-825-921.000) $ 15,000 $ 27,450 $ 17,000 TRANSFER TO: Park & Recreation Fund: Swimming Pool - Pool Equipment Capital Outlay (20-225-735.010) Park Facilities MaintenanCe - Facility Improvement Capital Outlay (20-210-710.010) Technical & Environmental Services Fund: Building Division - Marion County permits Materials & Services (82-845-659.005) $ 15,000 $ 27,450 $ 17,000 Approved as to Form: ,., City ~ tB~%~' ' Date APPROVED NANCY A. KIRKSEY, MAYOR Page 1 - COUNCIL BILL NO. RESOLUTION NO.