Agenda - 03/25/1996 AGENDA
WOODBODN CrI'Y COIJNC~
~nreh ~, 1996 - ~:OO P.H.
~0 Montsomery Street, Woodburn, Ore&on
e
Se
A. Council minutes of March 11, 1996 regular and executive meetings. ~A
APP01NTMENT~;:
ANNOUNCEMENTS:
A. 500,000th Transit Bus Rider - Yugo Sanchez
B. Council Workshop, April 15, 1996 - 7:00 p.m., City Hall
Subject: Water and sewer rates.
PROCLAMATIONS:
A. Chamber of Commerce
B. Other Committees
A. Letter from Senior Estates Golf & Country Club. 6A
(This allows public to introduce items for Council consideration
not already scheduled on the agenda.)
A. Zone Change 95-07, Site Plan Review 95-14, Lot Line
Adjustment 95-12, Hillyer's Ford Auto Dealership. 8A
iAPPLICAh~r's STATEMENT PROVIDED SEPARATELY)
A. Council Bill No. 1696 - Ordinance amending Ordinance 2157 (Wastewater
User Charge Ordinance). IOA
B. Council Bill No. 1697 - Ordinance amending Comp Plan Map for property
located west of Hvvy 99E and south of Hardcastle, changing the zoning
designation from Multi-Family to Commercial, and imposing a condition.
~Henkes) 10B
Page 1 - Counci Agenda, M~ch 25, 1996
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Courd Bill No. 1698 - Ordinance changing the zoning designation on property
located east of Hwy 99E and north of Hardcastle from RM to CG, amending the
Zoning Map, and imposing a condition. (Miller) 10C
Council Bill No. 1699 - Resolution entering into agreement with HDR
Engineering for consultant services to complete Water Master Plan.
Go
10D
J.
K.
L.
Council Bill No. 1700 - Resolution entering into agreement with Sprint
S;~ec~um Limited Partnership to lease space on water tower. 1QE
Counc~ Bill No. 1701 - Resolution addressing fair housing assistance in the
c.w of Woodburn as required by the Oregon Community Development Block
Gran: ;:)rogram and HUD. 10F
Council Bill No. 1702 - Resolution adopting a residential anti-displacement
s~d re~3cation assistance plan pursuant to the Housing and Community
~,evecpment Act of 1974. 10G
bqu~' license application: OGA Properties, Members Club,
s,tdir~ partner and changing trade name. 10H
I~quo~ license application: Piper's Jewelry adding partners. 101
LJquo~ license application: Estates Restaurant adding partners. 1
IJqu~v license application: Denny's at Woodburn, new outlet. 10K
Park~ lot & street closure and sound amplification permit for
Cinco De Mayo celebration May 3, 4, 5, and 6, 1996. IOL
15.
Ao
SPR 95-25 - Veterinary Clinic expansion.
B. Park~g lot expansion - Super 8 Motel.
C. SubCrrvisioa 96-01 - Hayes Cozy Subdivision.
Mar~lernent change - Code Enforcement Program.
Maintenance of gravel streets.
Man~ie installation at Harrison between First and Front.
16.
17.
18.
14C
15A
15B
15C
~'ii~i~i~J~ To consult with counsel concerning the legal rights and duties
~f"'a"pUbiiC-~'with regard to current litigation or litigation likely to be
filed. ORS 192.660(1)(h).
Papa 2 - Cuu-~il Age-=a, March 25, 1996
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COUNCIL MEETING M~NUTES
March 11, 1996
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DATE. COUNCIL CHAMBERS, CITY NALL, CITY OF WOODBDRN, COUNTY
OF MARION, STATE OF ORE~ON; NAR(~ 11; 1996.
CONVENED. The Council met in regular session at 7:00 p.m.
with Mayor Kirksey presiding.
ROLL CALL.
Mayor Kirksey Present
Councilor Chadwick Present
Councilor Figley Present
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, Police Lt. Eubank,
Community Development Director Goeckritz, Finance Director
Gillespie, Park & Recreation Director Holly, Library Director
Sprauer, Public Works Manager Rohman, City Recorder Tennant
JENNINGS/FIGLEY... approve the Council minutes of February 26,
1996; accept the Planning Commission minutes of February 22,
1996 and the Library Board minutes of February 28, 1996.
Councilor Jennings stated that he did have a question on the
Planning Commission minutes however he would wait until the
Mayor and Council Reports agenda item before he addresses his
question.
The motion passed unanimously.
APPOINTMENT OF AD-HOC COMMITTEE ON YARD DEBRIS R~CYCLXN~.
Mayor Kirksey appointed the following individuals to serve on
an Ad-Hoc Committee to address issues involving yard debris
recycling: Charlotte Hiller, Jack Donley, Dallas Figley, and
Henry Jaeger.
In a memo from Administrator Chllds~ it was noted that a state
law places responsibility onto the City to put a yard debris
recycling program into place by July 1997.
JKNNING3/SI~EZ.... appointments ~0 ~he Ad-Hoc ¢0~ittee be
approved. The motion passed unanimously.
Mayor Kirksey stated that she would be adding two more names
to the list at a later date.
Page i - Council Meeting Minutes, March 11, 1996
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COUNCIL MEETING MINUTEB
March 11, 1996
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~NNOUNCRME~TS.
A) A public hearing before the Council will be held on March
25, 1996, 7:00 p.m., City Hall Council Chambers, regarding
Zone Change $95-07, Site Plan $95-23, and Lot Line Adjustment
$95-12 submittedbyHillyer's Ford Auto Dealership.
B) Mayor Kirksey reminded residents that the City-wide Clean-
up weekend is scheduled for March 23 and 24, 1996. She also
stated that the Mayor's lunch=ime walkabout clean-up will
start at 11:30 am on March 22, 1996.
C) The Mayor's Prayer Breakfast, sponsored by the two Kiwanis
Clubs, is scheduled for Tuesday, March 19th, 6:45 a.m., at the
United Methodist Church.
0090
PROCLI~N~TION - KITTY JI%R~RRDA~o MARCH 16. 1996.
Mayor Kirksey read a proclamation declaring March 16, 1996 as
Kitty Jaeger Day in recognition for her civic involvement
within the community and to show appreciation for her
community spirit and enthusiasm. Mayor Kirksey stated that
she will be honored at a Catholic Daughters luncheon on March
16th.
0161
PROCL~W~_TION - FIRBT ANNUAL WOODBURNTULIP FRBTIVI%L.
Mayor Kirksey proclaimed March 20th through April 21st as
Woodburn Tulip Festival Month and asked the citizens in the
Woodburn area to encourage and support this festival month.
She stated that T-shirts and Banners are now available
promoting the Tulip Festival.
0~09
~%MBEROFCOMM~RCE REPORT.
Patrick Vance, representing the Chamber, thanked the Mayor for
recognizing and lending City support to the Tulip Festival.
He also introduced Barb Iverson and Denise Iverson from Wooden
Shoe Bulb Co. and Iverson Farms who presented the City with a
bouquet of Tulips for City Hall.
He stated that the Tulip Festival will kick-off at this
month's Ch~m~er forum on March 20th which will be held at
Wooden Sh~ Bulb Co.. Inf0~ti0n on all of the events is
included in the newspaper and he encouraged tile public to take
advantage of all of the planned events.
Mr. Vance r~inded %h~ Council ~hat ~tudant ~hadowin~ Day ig
on Wednesday, March 13th, witha luncheon scheduled for 12=00
noon at Yun Wah's Restaurant. The guest speaker will by Tony
Orlandi from HWI.
316
Deanna Jolly, owner of Attic Circle at 315 N Pacific Hwy.,
stated that a Taco wagon has been operating a food business in
the parking lot just north of their restaurant business for
almost one year. Mrs. Jolly stated that they have contacted
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March 11, 1996
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%~e County who regulates the health division license and have
been ~old that this mobile business is required to have a
heal%h license. The mobile business is registered by the City
b~% ~here does not seem to be anything that can be done to
L-~ure ~he cleanliness.of the business. She expressed concern
as to the health standards at this business and requested
C~un¢il assistance in making sure that health and safety
sLandards are being met.
M~yor Kirksey stated that the City will look into this
s:tuati0n. She expressed her opinion that transient
busir~sses which stay for an indefinite period of time should
rmt be ~olerated and an amendment to the ordinance should be
.-~u. nsidered.
044~
$iFUiNTEZ/PUGH .... suspend the rules and agenda item 15D be
at this time and allow public input on that subject.
passed unanimously.
0490
rLrectorTiwari reviewed his memo to the Council which
a~-dressed two issues that need Council review: 1) DEQ required
~odifications to the Sewer Rate Ordinance, 2) averaging of 3
m=nths sewer bills out of 4 months of reading, and 3) sewer
rate e~ablished based on fair share use.
~irec~or Tiwari stated that if the City wishes to borrow money
from the State Revolving Loan fund, we will need to modify our
Se~er Rate ordinance in the followin? areas: 1) eliminate the
ordinance language that allows the C~ty to charge 1-1/2 times
~ sewer rate to properties utilizing this service which are
!oca~edoutside the city .limits, and 2) the ordinance
Drovisi~n requiring properties located within 100 feet of a
city sem-er main to connect be modified to require properties
~-ithin 300 feet of the sewer main to connect.
In regards to the second issue, Director Tiwari stated that
crdimanpe currently averages 4 winter months, however, many
cust~ have voiced complaints on this issue since there was
.o~nerally one bill out of the 4 that was higher than normal.
Be suggested that a revision to the ordinance be made that
~uld establish the sewer rate for a 12-month period based on
3-month average out of 4 months of reading.
Lastly, he discussed the sewer rate fair share issue. Based
cn bills generated over the last few months, 60% of the bills
.o~nerated are for less than $25.00, 90% of the bills generated
are for less than $50.00, 93% of the bills generated are for
iess than $55.00, and 95% of the bills generated are for less
=~an$6~.00. At this point in time, adjustments are being
made in those cases where water leaks are found. However,
~re are cases in which large families use more water than
~the average household and are unable to reduce their water
c~nsump~ion without jeopardizing their health and/or sanitary
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conditions within their household. An option the Council
could consider is charging a maximum sewer rate charge of
$55.00 in those cases involving families of 3 or more children
in the household. If the Council would like to consider
further consider the sewer rate fair share issue, he suggested
that a workshop be held prior to staff being given final
direction on any modifications to the ordinance.
Councilors Pugh and Sifuentez stated that they would like to
hold a workshop on this issue.
0961
Preston Tack, 2197 Camilla Way, urged the Council to protect
the fair share concept for sewer bills, and if changes are
made, some other means of generating funds be established that
would not affect current residents.
Barbara Lucas, 214 E. Clackamas C1, read her letter into the
record also urging the Council not to allow for subsidies
since once it granted to one special interest group than other
special interest groups will want some type of reduction. She
suggested that the City hold educational seminars to
illustrate water conservation methods or to refer the issue of
fair share or flat rate to the voters.
Bruce Thomas, 795 Corby St., also supported the recommendation
of the Wastewater Advisory Committee for a fair share concept,
however, he stated that he had attended sessions in which this
issue was discussed and the concerns raised by a special
interest group, namely the seniors, that spoke out on this
issue at the time.
1220
Martina Lopez, 667 Hall St., stated that she was not
advocating a "free ride" in regards to her bill, however, it
is extremely difficult for her to pay approximately $100
monthly for water and sewer. She requested that some relief
be given to families who incur these high bills.
Henry Jaeger questioned how the sewer rates are calculated for
those individuals who have the water turned off at their
residence when they qo south for the winter and return to
their residence in the Spring to spend the summer months in
Woodburn. He also stated that he owns some duplexes in town
for which he has his own water supply and when those duplexes
are empty, he continues to pay a flat rate sewer charge since
there is no water meter to gauge the usage amount. This
charge starts to accumulate to quite of bit of money.
1311
Laurel Zurlinden, 259 Willow Ave., stated that the concerned
citizens are not asking for a subsidy only asking for some
relief for the extremely high bills that some families are
experiencing. She stated that her bill has been approximately
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$65 and following the last meeting, the Water Department had
been out to check for a water leak. Subsequently, they did
find a small leak under the house but it is unknown as to what
impact that may have on their bill. She requested that when
the Council considers this issue, to consider those families
with higher bills.
1450
pUBLIC HEARING - COMPREHENBIVE PL~NMAP ~MENDMENT #95-06, ZONE
MAP AMENDMENT #95-08 CADDlicant: Richard Henkes).
Mayor Kirksey declared the public hearing open.
Finance DireCtor Gillespie read the land use statement
required by ORS 197.
Community Development Director Goeckritz entered into the
record "Exhibit 1# which is the staff report and applicant's
request for Plan Amendment $95-06 and Zone Change #95-08. He
stated that the Planning Commission had recommended approval
of these amendments involving a lot of approximately 19,737
square feet located on the east side of Highway 99E between
Hardcastle Ave. and Williams Ave. The property involves
several small parcels one of which requires a comprehensive
plan map and zone map change to make the entire property the
same designation as commercial. At this point in time, the
applicant has not submitted a proposal as to the type of
facility that would go into that commercial zone, however, he
would be subject to a Site Plan review when he does decide to
develop the property.
Hal Hewitt, representing the applicant, stated that the
commercial zone will allow for a cohesive development in-that
area with all of the accesses off of Highway 99E.
No one in the audience spoke in opposition to the proposed
amendments.
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Mayor Kirksey declared the public hearing closed.
JENNINGS/PUGH... approve the recommendation of the Planning
Commission and direct preparation of ordinance with findings
of approval. The motion passed unanimously.
1965
PUBLIC HF~RING - ZONE NAP XMENDMENT #95-09
~iller).
Mayor Kirksey declared the public hearing open on Zone Map
Amendment #95-09.
Finance Director Gillespie read the land use statement
required by ORS 197.
Director Goeckritz entered into the record "Exhibit 1 - Leroy
Miller, Zone Change #95-09". He stated that the Planning
Commission has recommended approval of the zone map amendment
from Residential Multi-Family (RM) to Commercial Retail (CR)
on a .56 acre parcel of land located east of Highway 99E and
?age 5 - Council Meeting Minutes, March 11, 1996
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north of Hardcastle Avenue. The property lies adjacent to and
east of the existing Les Schwab Tire Center. It was noted
that negotiations are taking place between the applicant and
Les Schwab Tire Center for the sale of this property and
development of the property would require a site plan review
by the Commission.
2253
Dean Miller, 29777 S Meridian Rd, Hubbard, stated that he was
representing Leroy Miller and that Director Goeckritz
adequately covered the issue before, the Council. He stated
that the sale of the property is Contingent upon the approval
of the zone change.
No one in the audience spoke in opposition to the proposed
zone change.
Mayor Kirksey declared the public hearing closed.
JENNINGS/PUGH .... accept the decision of the Planning
Commission and direct staff to prepare an ordinance with
findings of approval for consideration at the next Council
meeting. The motion passed unanimously.
PUBLIC HEARING - DRAFT COMPREHENSIVE PLAN DOCUMENT AMENDMENTS,
Mayor Kirksey declared the public hearing open.
Finance Director Gillespie read the land use statement
required by ORS 197.
Director Goeckritz entered into the record Exhibit i - Draft
Comprehensive Plan document. He stated that the Planning
Commission held a public hearing on the draft amendments on
November 9, 1995 and has.subsequently recommended approval of
the proposed text amendments. He reminded the Council that
the draft amendments only pertain to the facts, figures, and
updating of statistics within the document. The Planning
Commission did not modify or recommend amendment of any of the
policies or goals at this time. The purpose was to update
this document to give interested individuals a more accurate
picture of what this community is about. The draft document
is an update to the 1989 document which is currently in place.
Administrator Childs stated that the adoption of these
amendments will aid in the process of the periodic review
which will be done later this year.
No one in the audience spoke either for or against the
proposed Comprehensive Plan amendments.
Mayor Kirksey declared the public hearing closed.
JENNINGS/PUGH .... accept the Planning Commission's
recommendation and instruct the staff to prepare an ordinance
with findings of fact. On roll call vote, the motion passed
unanimously.
Page 6 - Council Meeting Minutes, March 11, 1996
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COUNCIL MEETINGMINUTE8
March 11, 1996
COUNCIL BILL 1694 - RESOLUTION ENTERING INTO AN AGREEMENT
PC NORTHWEST, INC., TO CONDU~T A COMPENSATION
Council Bill 1694 was introduced by Councilor Hagenauer.
Director Gillespie read the bill by title only since there
were no objections from the Council.
Councilor Figley stated that, as a participant in the
interview process, she was pleased with the expertise that
this firm had within their firm and feels that the City will
be well satisfied with the services they are offering.
On roll call vote, the bill passed unanimously. Mayor Kirksey
declared Council Bill 1694 duly passed.
COUNCIL BILL 1695 - RESOLUTION ENTERING INTO AN AGREEMENT WIT~
OREGON STATE POLICE OFFICE OF EMERGENCY M]%N'AG~ TO ~ ABLR
TO BECURB FEDERAL EMERGENCY MANAGEMENT ADMINIBTRATION CFEMAJ
FUNDB FOR FLOOD DAMAGE TO INFRASTRUCTURE.
Council Bill 1695 was introduced by Councilor Hagenauer. The
bill was read by title only since there were no objections
from the Council. On roll call vote for final passage, the
bill passed unanimously. Mayor Kirksey declared Council Bill
1695 duly passed.
(Note: Bo~h Council bills were re-read and voted on since the
initial reading of the bills were a summary of the titles as
listed on the agenda)
BID AIFARD 996-12 -- AERIAL PERBONNEL LIFT (8TIIHRT DIVIBIONJ.
Bids for the aerial lift were received from the following
vendors: Pacific Equipment (VersaLift/Chev), $49,542.00;
Pacific Equipment (VersaLift/Ford), $49,671.00; Pacific
Equipment (VersaLift/Ford(demo)), $49,984.00; and Air Tec
Equipment (ETI/Ford), $51,976.69.
JENNINGS/FIGLEY .... accept the bid from Pacific Equipment,
Inc; for an aerial personnel lift in the amount of $49,542.00
with additional expenditure of $442.00 to acquire a
demonstrator model which offers significantly enhanced
capabilities. The motion passed unanimously.
CLAIHS FOR THBMO~ OF F~BRUARy ~995,
SIFUENTEZ/I~GH .... approve claim ~30554 - ~30914 for the
month of February 1996. The motion passed unanimously.
NEW BUSINE~8.
JENNINGS/FIGLEY .... City staff be instructed to look into the
possible regulation of transient businesses within the City
limits.
Mayor Kirksay stated that she would like to see some action on
this issue as soon as possible.
Page 7 - Council Meeting Minutes, March 11, 1996
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COUNCIL MEETING MINUTES
March 11, 1996
Councilor Jennings stated that he did not understand how food
stands can operate without any mandated health regulations and
concerned about the licensing of such a business.
Director Goeckritz stated businesses are required to obtain a
business license from the City, however, Marion County
regulates the food businesses since the City does not have any
qualified Health Officers.
The motion passed unanimously.
JENNINGS/SIFUENTEZ .... Mayor set a workshop to discuss sewer
rates at her earliest possible convenience.
The workshop will be held on April 1, 1996, 7:00 p.m., in the
City Hall Council Chambers.
SITE PL~/~ A~TIONS.
Site Plans recently approved by the Planning Commission were
1) Woodburn Ambulance Services building expansion, and 2)
Lamplighter Manufactured Home Sales Center. No action was
taken by the Council on either of these site plans.
~T~AFF REPORTS.
A) Criteria for liquor license recommendations
B) Use of water tower for placement of antennae
C) Sewer use ordinance 30-day public notice
D) Wastewater issues/sewer bill categories (discussed earlier
in the meeting
E) Aquatic Center water slide
F) Building Activity report.
CITY ~DMINISTRATOR'S REPORT.
Administrator Childs commended the Mayor for her efforts in
preparing the employee recognition dinner last Friday night.
He also stated that he has been appointed to the League of
Oregon Cities legislative committee.
MAYOR AND COUNCIL REPORTS.
Councilor Jennings questioned the location of Partition #95-05
which is listed as a report (6C) in the February 22, 1996
Planning Commission minutes.
Director Goeckritz stated that the property being partitioned
is located on Hayes Street and is owned by Andy Snegirev.
(Note: Tape 2 is blank -- the following Council business was
not recorded on tape)
Councilor sifuentez also commended the Mayor and Councilors
Hagenauer and Chadwick for their work in preparing the
employee recognition dinner.
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Mayor Kirksey also thanked Councilor Hagenauer and those staff
members who assisted her with the dinner preparations.
Mayor Kirksey stated that the Chamber of Commerce has a number
of banners they wish to place on the PGE utility poles to
advertise the Tulip Festival. However, a new PGE risk
management policy requires companies who use the poles for
this type of purpose to provide a $2 million liability
insurance policy. The Chamber currently has a $1 million
liability policy and to'add the additional million will cost
$750 since the coverage must be for the whole year rather than
the limited time in which the banners will be displayed. She,
along with Chamber Executive Director Jane Kanz, have been
working with PGE to try and get the liability insurance
requirement waived. If they are not successful, WDA has
offered some financial assistance for the additional insurance
coverage. Mayor Kirksey suggested that the City also
contribute towards the insurance cost since it would not be
appropriate for the City to add PGE as an additional interest
under the City's policy.
JENNINGS/FIGLEY .... as a last resort, City contribute 1/3 of
the total cost of the additional liability insurance coverage
($250.00).
BXECUTIFE 8BBSION.
JENNINGS/FIGLEY .... to conduct deliberations with persons
designated by the governing body to negotiate real property
transactions as authorized under ORS 192.660(1)(e); and to
consult with counsel concerning legal rights and duties of a
public body with regard to current litigation or litagation
likely to be filed as authorized under ORS 192.660(1)(h). The
motion passed unanimously.
The meeting adjourned to executive session at 8:40 p.m. and
reconvened at approximately 10:15 p.m..
T~e 3 Mayor Kirksey stated that no decisions were made in the
Executive Session.
0013
JENNINGS/FIGLEY .... City Administrator be authorized to make
inquiries concerning acquisition of property between City Hall
and the Aquatic Center. The motion passed unanimously.
Pa{e 9 - Council Meeting Minutes, March 11, 1996
COUNCIL MEETINQ MINUTE8
March 11, 1996
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ADJ0~ ·
JENNINGS/FIGLEY .... meeting be adjourned. The motion passed
unanimously.
The meeting concluded at approximately 10:20 p.m..
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APPROVED
NANCY A. KIRKSEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 10 - Council Meeting Minutes, March 11, 1996
Executive Session
COUNCIL MEETING MINUTES
March 11, 1996
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DATE, CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, MARCH 11, 1996.
CONVENED. The Council met in executive se~ion at 8:45 p.m. with Mayor Kirksey
presiding.
ROLL (~ALL.
Mayor Kirkse¥ Present
Councilor Chadwick Present
Councilor Figie~ Present
Councilor Hage~,auer Present
Councilor Jenni~gs Present
Councilor Pugh Present
Councilor Sifue~tez Present
Mayor Kirksey reminded the Councilors, staff, and press that information discussed in
executive session is not to be discussed with ~ne public.
Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director
Tiwari, Public Works Manager Rohman, Finance Director Gillespie
Also Present: Mark Rauch, Senior Staff Attorney for CIS Insurance Services
Press: Shelby Case, Woodburn Independent
The Council met in executive session under the authority of ORS 192.660(1 )(e) and
ORS 192.660(1)(h) to conduct deliberations w~th persons designated by the governing
body to negotiate real property transactions and 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.
ADJOURNMENT.
The executive session adjourned at appro~xirna~ely 10:10 p.m..
APPROVED
NANCY A. KIRKSEY, MAYOR
A'I-rEST
Mary Tennant, Recorder
City of Woodburn, Oregon
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SENIOR ESTATES
March 19, 1996
1776 Country Club Road
'Woodburn, Oregon 97(171-2399
Telephone 9,q2-1--76
Board of Commissioners
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
Re: Recommendation for Alternative Highway Route
The Board of Directors of Senior Estates Golf and Country Club has determined
that it is in the best interests of this association to express a position with regard
to the routing of east-west highway traffic. Since the beginning of the Senior
Estates development in 1960, the Woodburn area has experienced population
growth and an accompanying increase in road traffic. This growth and increase
in traffic has been dramatic in recent years.
The City's solution to the east-west traffic problem seems to be that State
Highway 214, accompanied by Hayes Street, will carry the increasing load. We
do not believe this is a viable solution. East-west traffic should be afforded an
alternative route that takes it either south or north of the Woodburn urban area.
Such a route has been offered as a solution by Keith Woollen, a member of
Senior Estates. Mr. Woollen suggests a Parr Road Expressway from I-5 at the
Butteville overpass to Highway 214 east of Highway 99E. That plan seems to
us, as lay persons, logical and effective. We encourage the Commissioners to
consider Mr. Woollen's plan, and to place more stock in it, or one that is similar,
rather than concentrating on Highway 214 and Hayes Street, which appears
futile to us. Your efforts in this matter are appreciated.
Very truly yours,
Ronald R. Lilienthal, President
cc: County Commissioners, Marion County
Oregon Department of Transportation
Housing for Older Persons
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MEMO
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Council through City Administrator
Woodburn Planning Commission
Zone Change 95-07, Site Plan Review 95-14
Lot Line Adjustment 95-12
March 21, 1996
At their hearing of 25 January 1996 the Woodburn Planning Commission reviewed
a proposal to amend the zone map from ID (Interchange District) to CR (Commercial
Retail in addition to a site plan for a Ford dealership.
After hearing the proposal the Commission moved and approved to recommend the
City Council adopt the requested Zone Map Amendment and approved site plan.
The Council may take any of the following actions:
(1)
Approve the applicant's request to amend the Zone Map from ID
(Interchange District) to CR (Commercial Retail and acknowledge the
Planning Commission's approval of the site plan.
(2)
Approve the applicant's request to amend the Zone Map but modify the
applicant's condition of approval for the site plan.
(3) Deny the applicant's request to amend the Zone Map from ID
(Interchange District) to CR (Commercial Retail.
Instruct staff to prepare an ordinance with findings of fact and conclusions of law to
substantiate your decision.
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CITY OF-WOODBURN
970 Ntont:9omety Strett * Woodbum, Ore, on 97071 · (503) 992-5[x~x2
TJX) (503) 982-7433 * FAX (503) 982-5244
STAFF REPORT
Zone Change 95-07
Site Plan Review 95-14
Lot Line Adjustment 95-12
APPUCANT:
Wallace Lien, P.C. for
Joseph R. Fox
PO Box 5668
Salem, OR 97304-0668
II
NATURE OF THE APPLICATION:
The applicant is requesting a zone change of ID Interchange District to CR
Commercial Retail, Site Plan Review approval of an approximate 22,160 sq. ft.
automobile dealership and lot line adjustment.
III
RELEVANT FACTS:
The property is located on the west side of Interstate 5 where it intersects with the
south side of Highway 219. The subject property can be specifically identified on
Marion Ctx~ty Assessors map TSS, R2W, Section 12C, Tax Lot #1100 & T5S,
R2W, Section 11 Tax Lot #105. The lot line adjustment involves the above tax lots
plus Tax Lot 100 TSS, R2W, Section 12C.
The proposed application consists of two parcels of property. The 4.69 acre site is
currently zoned ID Interchange District. The Comprehensive Plan Map currently
designates the property as commercial. The ID zone is just one of several
commercigl zones that falls under the commercial plan designation. The 20 foot strip
of land that runs parallel to the subject property is owned by the applicant and is
zoned IL Light Industrial. The total size of the property will be approximately 5.12
acres after the lot line adjustment and will include both the commercial and industrial
designation. The zone change request is for the 4.69 AC only. The 20 foot wide
strip that is under a separate tax lot number will remain IL Light Industrial. The
Comprehensive Plan Map of 1976 designates the concerned property as
Commerce. Similarly, the zone map of 1976 designated the same property as ID
Interchange District. In 1980 and 1985 however, the City's Comprehensive Plan
Pa.ce I - SPR95-23
Map, when color printed, identified the subject property as industrial. The
rr~s~bet'mg of the this parcel went unnoticed until the Comprehensive Plan Map was
~ed in 1995. The zoning map has always maintained the designation of this
p-operty as ID Interchange District from the 1976 until today. There is no record
of, t~e Woodburn Comprehensive Plan being amended to reflect an industrial rather
~ a commercial designation.
IV FtELEVANT APPROVAL CRITERIA:
Woodburn Comprehensive Plan
Commercial Land Development Policies
Transportation Policies
Woodburn Zoning Ordinance
Chapter 5 Permits and Enforcement
Chapter 6 Ptanning Commission
Chapter 7 Public Hearings
Chapter 10 Off Street Parking, Loading & Driveways Private Street Standards
Chapter 11 Site Plan Review
Ctmpter 15 Zone Change
Chapter 29 Commercial Retail
Chapter 32 ID Interchange District
C. Woodburn Subdivision Ordinance
O. Landscaping Policies
F_ Sign Ordinance
A. Wood=urn Comprehensive Plan
S'~ff:. Commercial land development policies have been addressed by the applicant
in showing there is a public need for the zone change. Policy B-1 states:
Tt~e City should at all times have sufficient land to accommodate the retail needs of
the City and the surrounding market area. The City presently has four major
commemial areas: 99E, I-5 Interchange, the downtown area and the 214/211/99E
four comers intersection area. No new areas should be established. Staff concurs
thaz this site is located in one of the four identified commercial areas. The subject
of the applicant's request is to add approximately 4.69 acres to the commercial
~ inventory while decreasing the interchange district land by the same amount.
Based on the 1995 inventory, approximately 180 acres of land in planned for
commercial use. One hundred forty seven (147) inside the city limits and 33 acres
outside the city limits. Since the applicant last looked at developing this property
as a motel, office and fast food restaurant, times and conditions have changed
s~grdficantly. The applicant has obtained a access permit from the Oregon
Deoartment of Transportation that allows access on to Highway 219. The issuance
~ an access permit is not indicative of ODOT evaluation of Traffic impact. ODOT
Page 2 - SPR95-23
8A
will still have to be involved and may in fact have mitigation requirements. Even with
1/3 less traffic impact, the impact of the potential traffic, especially given the
location of access is a potential concern. City staff is not aware of any significant
improvements to the interchange that will increase its level of service to C.
B. Woodburn Zoning Ordinance
The following sections of the zoning ordinance were found to be relevant to the
approval of this application.
Chapter 10 Off Street Parking, Loading & Driveway Standards Section 10.050 Off-Street Automobile Parking Requirements
Off-street automobile parking shall be provided as required by Section 10.070
and approved by the Planning Director, in the amounts not less than those
listed below: (X) Retail store handling exclusively bulky merchandise such as
automobiles: (1 ! one space per 500 square feet of gross floor area, plus one
space per every two employees.
Staff: The total size of structures is approximately 22,160 sq. ft. This
requires ~.~. parking spaces. The number of employees is anticipated to be 34
to 36, this requires 18 parking spaces. This would require 62 parking spaces.
Sixty-three (63) including ADA parking, are being proposed for customer and
employees.
Section 10.060 Off-Street Loading Requirements.
Staff: A minimum of two loading spaces are required for this development.
The applicant has provided evidence that this approval criteria has been met.
Section 10.070 Parking and Loading Area Development Requirements
Staff:-This section applies to driveway and parking standards, the site plan
shows substantial evidence that these standards can be met.
Section 10.080 Driveway Standards
Staff: One access is proposed to Highway 219. Driveway access is subject
to Oregon Department of Transportation approval. An access permit has
been issued by ODOT with added conditions from the City of Woodburn that
the driveway approach conform to current city commercial driveway
standards.
Page 3 - SPR95-23
8A i
Chapter 11 Site Plan Review
Section 11.030 Approval of Site Plan Required
(a) No building permit for construction of structures governed by this
chapter shall be issued until the Site Plan for that structure has
received approval under the provisions of this Chapter.
(b) Any conditions attached to the approval of the Site Plan shall be
conditions on the issuance of the building permit. A violation of the
conditions shall be considered a violation of this Ordinance.
Section 11.070 Criteria fo,' Evaluating a Site Plan
Staff: The applicant has acidressed this site plan review criteria adequately,
see attached proje~ narrative from applicant.
(a) The placement of structures on the property shall minimize adverse
impact on adjacent uses.
Staff: The proposed building is in conformance with current standards
for setbacks.
(b) Landscaping shall be used to minimize impact on adjacent uses.
Staff: Fifteen (15) percent of the site is required to be landscaped.
Ten (10) percent of the interior parking lot is required to be
landscaped. The applicant has provided substantial evidence that
these requirements can be met.
(c) 'Landscaping shall be located as to maximize its aesthetic value.
Staff: The applicant has submitted a preliminary landscape plan. A
final landscaped plan shall be submitted as a condition of approval that
indicates specific species of plants.
(d) Access to the public streets shall minimize the impact of traffic
patterns. Wherever possible, direct driveway access shall not be
allowed to arterial streets. Wherever possible, access shall be shared
with adjacent uses of similar nature.
Staff: Access to the State Highway is controlled by ODOT.
Comments regarding access are attached to this staff report. Access
will be on Highway 219 until such time as alternative access can be
gained to the extension of Woodland Ave to the west.
Page 4 - SPR95-23
· 8A
(e) The design of the drainage facilities shall minimize the impact on
the City's or other public agencies drainage facilities.
Staff: The applicant has stated that the existing storm drains, along
with additional catch basins will be sufficient to handle all drainage for
the development. Public works has submitted the following comments
regarding this approval criteria. Storm sewer shall discharge directly
into drainage way along the east property line. Approval and permit
will be required from ODOT to utilize this drainage system. Detention
will be required. In addition, the City of Woodburn's proposed
watershed management study identifies an additional two-acre feet of
flood storage volume be provided on this parcel adjacent to east
Senecal Creek drainageway. This area shall be provided contiguous
with the drainage way, above the normal water surface level and
below the elevation of 174.00 feet. The drainageway/floodway shall
not be filled or culverted. On-site storm drainage shall discharge
through a pollution control manhole, and no natural drainage shall be
blocked or impounded by this development.
(f) The design encourages energy conservation, both in its siting on
the lot and its accommodation of pedestrian and bicycle traffic·
Staff: The proposed building is proposed to comply with Oregon
Energy Code requirements. No bicycle facilities are being proposed.
Sidewalk improvements ere a requirement along Hwy 219.
(g) The proposed site development, including the architecture,
landscaping end graphic design, is in conformity with the site
development requirements of this Ordinance and with the standards
of this and other ordinances insofar as the location and appearance of
the proposed development are involved.
Staff: This staff report and the applicant's narrative has discussed the
approval criteria as it relates to site plan review. The applicant's
proposal has substantially complied with the current ordinances and
standards as discussed in this staff report. Those items that have not
been complied with can be so as a condition of approval.
(h) The location, design, color and materials of the exterior of all
structures and signs are compatible with the proposed development
and appropriate to the character of the immediate neighborhood.
Staff: Elevations have been included with the site plan. The architect
has also described the exterior finishes.
Page 5 - SPR95-23
8A
Section 11.085 Time Limitation
At the time of final approval the applicant has six months to initiate
construction. If construction has not begun within this time frame,
the applicant can request, in writing, a six-month extension. The site
plan becomes void one year after final approval, therefore, the
applicant would have to reapply after that time period.
Chapter 15 Zone Change Procedures
1. Show there is a need for the use proposed.
Staff: The subject property is located within 4 identified major commercial
areas. The applicant is requesting to' change this property from one
commercial zone, Interchange District, to Commercial Retail and add
approximately 4.69 acres to the CR zone. This request does not add any
additional commercial property to the Comprehensive Plan. In order to prove
there is a need for CR property, the applicant has identified the needs for this
specific business (auto dealership with at least 5 acres) and provided an
analysis of 7 parcels. All seven were seen as not conducive to a auto
dealership.
2. Show that the particular piece of property in question will best meet that
need.
Staff: The applicant has provided evidence as to why the particular site is
suitable. In addition, the applicant has also sited lower traffic volumes of the
proposed use compared to what could be built on site, that it uses less land
per square foot of building structures than other types of businesses allowed
in the CR and ID zone and that the entire parcel will be held under one
ownership.
Chapter 29 Commercial Retail District Section 29.030. Optional Business
(b) (2) Automobiles and small trucks, new and used
Staff: The proposed use would be allowed under this section. The site plan
shows conformance to the setbacks and other standards for this zoning.
Chapter 32 Interchange District
The purpose and 'intent of the Interchange District is to provide for the
locations of needed highway service commercial facilities.
Staff: The applicant's request will decrease the amount of ID zoned land by
approximately 4.69 acres leaving approximately 29.03 acres left for highway
service commercial facilities on the west side of Interstate 5. Of that number
11.65 acres is developed and 17.38 acres is vacant.
Page 6 - SPR95-23
8A
Woodburn Subdivision Standards Chapter III Section 9
A. Plans for property line adjustment shall include the following information:
2.
3.
4.
5.
Vicinity Map
Legal Description of the property
Map indicating clearly the proposed property line adjustment
Diagram of all public and private utilities
Any other information so required by the planning staff
Staff: The applicant haS ,submitted sufficient information as required per
section 9. No application for a lot line adjustment has been requested for this
property prior to this application.
D. Landscaping Standards
Staff: The applicant has submitted a preliminary landscape plan. It appears
that the proposed landscaping does meet standards. The applicant shall be
required to resubmit a final landscaping plan to the planning department.
E. Sign Ordinance Standards
Staff: No specific sign plan has been submitted with this application. This can
be processed administratively. Any proposed sign will be subject to review
and w~i require a permit issued by the Building Official.
V COMMENTS FROM OTHER DEPARTMENTS:
Public Works:
See attachment A
Fire Department:
See attachment B
Building:
See attachment C
Wastewater:
See attachment D
Police:
See attachment E
Planning:
See attachment F
ODOT:
See attachment G
Division Of State Lands See attachment H
Page 7 - SPR95-23
8A
CONCLUSION:
The applicant is requesting a zone change to reclassify 4.69 acres of land from
Interchange District to Commercial Retail and site plan review approval of an
approximate 22,160 sq. ft. automobile dealership. The entire site is proposed to be
5.11 acres in size after approval of a lot line adjustment. The proposed use and
improvements have been discussed in detail by the applicant and in this staff report.
RECOMMENDATIONS AND DECISION:
The following conditions are recommended if approved by the Planning Commission:
1. Site Plan approval is subject to approval of zone change by the City Council
Approval of the zone change to Commercial Retail is for the proposed Auto
dealership only.
The proposed development shall be in substantial conformance with the
preliminary plan.
Finalize improvements to State Highway system with ODOT prior to issuance
of building permit.
o
The conditions also include the special provisions that were established by
the City and attached with access permit 03A35287.
o
Provide written authorization from BPA approving the proposed use within
easements prior to building, permit issuance.
After commission apProval, submit a landscaping and irrigation plan to the
Planning Department for review.
Se
Approved backflow devices may be required (Larry Arendt - Wastewater
982-5283).
Submit sign plan to Building Official for approval and permit, if applicable.
(Bob Arzoian 982-5250).
10.
On-site construction shall not commence until the improvement plans have
been reviewed and approved by the Public Works Department and all right-of-
way permits, system development charges have been paid. Refer to part two
Pg 9 of the standards document for site plan preview (Randy Scott 982-
5247).
;:~ge 8 - SPR95-23
8A
11.
12.
13.
14.
15.
16.
Prior to occupancy permit issuance, the applicant shall submit one set of
reproducible as-builts.
Conditions of Approval also include the following attachments as submitted
Dy:
Public Works Department
Building Department
Fire Department
0DOT
Wastewater
.~lann;ng
=olice
Prior to building permit issuance, pay appropriate Systems Development
Char.Les in effect at that time.
The recorded property line adjustment must be in substantial conformity with
~ tentative plan for the property line adjustment. The described property
~s to be consolidated with the adjoining parcel and state which parcel that is.
The applicant shall submit a copy of the survey and plat map indicating
adjusted property line prior to recordation with Marion County.
Following recordation, provide planning staff with two copies of record of
survey.
Page 9 - SPR95-23
SITE PLAN REVIEW
HILLYERS FORD
8A
A. GENERAL CONDITIONS
Final plan shall conform to the Construction Plan Review Procedures and
Standards.
All work wi~in State Highway right-of-way shall require approval and permit
from the Oregon Department of Transportation.
The applicant, not the City of Woodburn, is responsible for obtaining permits
from any state and/or federal agencies .Which may require approval and/or
permit.
Bonneville Power Administration (B.P.A.) has title to a 125-foot wide easement
(right-of-way). The applicant shall obtain permit/approval from B.P.A. for the
proposed use within their easement.
All work shall conform to Woodburn Standard Specifications and all state
building codes.
B. STREET and DRAINAGE
Improvements on Oregon State Highway 219 shall be as per the Oregon
Department of Transportation conditions of approval; however, the city
recommends a turn lane be provided. Widening should include curb and
sklewalks and additional right-of-way if required.
The driveway approach onto' OSH 219 shall be constructed of concrete to
property line and shall conform to the City of Woodbum's commercial driveway
standard. ·
A commercial driveway shall not exceed 36 feet in width for a three-lane
approach, providing for a left turn lane as per Woodburn Zoning Ordinance,
Chapter 10, Section 10.080. The driveway shall align with Arney Road.
Storm sewer shall discharge directly into drainage way along the east property
line. Approval and permit will be required, from Oregon Department of
Transportation to utilize this drainage system. Detention will be required.
The City of Woodburn's proposed watershed management study identifies an
additional two-acre feet of flood storage volume be provided on this parcel
adjacent to east Senecal Creek drainageway. This area shall be provided
contiguous with the drainage way, above the normal water surface level and
below the elevation of 174.00 feet. The drainageway/floodway shall not be
filled or culverted.
Hillyer- Site Plan Review - Page 1 attachment A
Memo To:
From:
Facility Name:
Occupancy Class:
Build. Permit No.
Teresa Engeldinger, Planner
City of Woodburn
Bob Benck, Fire Marshal
Woodburn Fire District
Hillyer's Ford
BZ- H4 or B1
Date: Dec. 18, 1995
SITE PLAN REVIEW COMMENTS
WOODBURN FIRE DISTRICT
A. ACCESS
1. Exterior of Facility:
exterior of the s13~cture.
To within 150 feet of all portions of the
2. To Interior of Facility: ( Man doom and other access points into
the buildings)
B. BUILDING EXIT SYSTEM: ( Distances and number of exits, Not required
for Site Plan review)
C. FIRE FLOW ! WATER SUPPLY: 3000 gpm based on Type liN
construction. ( If structures are sprinkled then fire flow will be 1500
gpm.;)
D. HYDRANTS: 3 hydrants located at a maximum average separation of
400 feet. ( If building is sprinkled then a maximum of 2 hydrants will be
required.)
E. SPRINKLERS ! FDC : Type of system proposed, flow requirements.
FI)C to be located off of the building within 25 feet of a hydrant at a
location acceptable to the Fire District. ( If repair facility is to have any
1776 Newberg Highway
Woodburn, Oregon 97071
attachment B
6. No natural dmlnage shall be blocked or impounded by this. development.
C. WATER
1. The water main serving this development shall be a city maintained facility, the
main shal be looped from Oregon State Highway 219 to the existing main south
of this development. A 16-foot wide utility easement shall be provided.
The above does not include a building fire sprinkler system if installed.
2. Water meter to be located within the public right-of-way or utility easement.
3. Fire hydrant locations and fire protection requirement.shall be as per the
Woodbum Fire District's condition of approval.
4. Backflow devices may be required depending on water usage - see Westewater
Dapa~ comments.
D. SANITARY SEWER
1. Sanitary service can be provided f~om the existing sanitary main south of this
development. Service shall be private at applicant's expense. Private easement
is also required from adjacent parcel.
2. This parcel is subject to conditional grant reimbursement for sanitary sewer
improventmts.
3. See Wastewater Department commems for additional conditions.
On-site slmrn drainage shall discharge through a pollution control manhole. 8A
Hiller- Site Plan Review - Page 2
Continued:
open flame devices such as welding or cutting torches then the building
must be sprinkled.)
F. ALARM SYSTEI~I: As required by UFC, (Information not required at
time of site plan review.) ·
G. PREMISE IDENTIFICATION : Building identification system and
visible markings for use by responding emergency vehicles.
H. OCCUPANCY/ SPECIAL OCCUPANCY REQUIREMENTS: Quantity of
flammable and combustibles to be stored on site. List any other hazardous
materials which may be stored on site.
I. BUILDING SIZE & LIMITATIONS/ TYPE OF CONSTRUCTION:
Service and parts building is oversized and will need yards and or
sprinkler system.
J. FIRE & LIFE SAFETY REVIEW REO..:
Will be conducted by Madon County Building Department
Fire District will want one set of plans for review.
K. SPECIAL COMI4ENTS:
COMPLIANCE WITH THESE REQUIREMENTS ~ CONSTITUTE
PERMISSION TO BUILD. BUILDING PLAN REVIEWS BY MARION
COUNTY BUILDING DEPARTMENT AND OR CITY OF WOODBURN MUST
BE COMPLETED,AND PERMITS OBTAINED.
1776 Newberg Highway
Woodbum, Oregon 97071
SI.IBI I¥1EIONI SITE PLAN REVIEW - PRE-APPUCATIONI NOTES
RE(}UESTDATE: December 4, 1995
CONTACt' I~RSON: Teresa Engeldinger, Planning Dept,
DEPARTMENT: Building
982-5246
APPMCANT: ~ R. Fox through his attorneys Wallace W. Uen, P.C.
TYPE OF PROJECT: Site Plan Review of a 21,000 sq. ft. auto dealership Hillyers Ford
Zone Chen~ flora ID (Interchange District) to CR {Commercial Retail) ! Lot Line Adjustment
PROJECT tDCATION: Southwest corner. Of Hwy 219 - I-5 Interchange - West Woodburn
T5S. R2W. 12C TL1100 4.69AC / T5S, R2W, 11 TL 105 .42AC
COI~'E~ Pt. ACE: Conference Room ! Woodburn City Hall
DATE: ~ 18, 1995 TIME: 1:30 P.M.
8A
GENERAL INFORMATION TO APPLICANT
ha~ rea~ I~ info~natiea sheet provided me and understand that which is pertinent to my Site
request. All materials ere to be collated and folded.
Signature - Owner/Agent
[;)EPARTMENT COMMENTS
attachment C
SUBDIVISION/SITE PLAN REVIEW -- PRE-APPUCATION/NOTES
REQUEST DATE: December 4, 1995 DEPARTMENT: Wastawater
CONTACT PERSON: Teresa Engeldinger, Planning Oept, 982-5246
API~CANT: Joseph R. Fox through his attorneys wal~ce W. Lien, P.C.
TYPE OF PROJECT: Site Plan Review o1 a 21,000 sq. [t. auto dealership Hillyers Ford
Zone Change/rom ID (Interchange DistricD to CR (Commercial Retail) / Lot Line Adjustment
PROJECT LOCATION: Southwest corner of tlwy 219 - I-5 Interohang~ Wost WooJJburn
TSS, R2W, 12C TLl100 4.09AC / TS~, R2W, 11 TI. 105 .42AC
CONFERENCE PLACe: Conference Room / Woodburn'City Hall
DATE: December lB, 1995 TIME: I:3OP.M.
DEPARTMENT COMMENTS
8A
TOTRL P. 01
attachment D
SUBi)IVISI~I SITE PLAN REVIEW -- PRE-APPUCATIONI NOTES
REQUEST DATE: December 4, 1995
CONTACT PERSON: Teresa Engeldinger, Planning Dept,
DEPARTMENT: Police
982-5246
APPUCANT: Joseflh R. Fox through his attorneys Wallace W. Lien, P.C.
POUCE o~-~
TYPE OF PROJECT: Site Plan Review of a 21,000 sq. ft. auto dealership Hillyers Ford
Zone Change from ID'(Interchange District) to CR (Commercial Retail) ! Lot Line Adjustment
PROJECT LOCATION: Southwest corner of Hwy 219 - I-5 Interchange - West Woodburn
T5S, R2W, 12C TL1100 4.69AC / T5S, R2W, 11 TL 105 .42AC
CONFEREN~ PLACE: Conference Room / Woodburn City Hall
DATE: December 18, 1995
TIME: 1:30 P.M.
DEPARTMENT COMMENTS
attachment E
' ; 8A
BZTB PT.J~ B.gYZ~ 95-23
SONE 4~I~EL~G~ 95-07
T.OT l'.X~l~ ~B~ gs-~2
~EY LI~ FOR JACK FOX
~~ FO~
~NG D~~ P~-~PLI~TION
Applicable approval criteria:
Woodburn Comprehensive Plan
Commercial Land Use Policies
Administration and Enforcement Policies
Public Services Goals and Policies
Transportation Goals and Policies
2. Subdivision Ordinance
e
Woodburn Zoning Ordinance
Chapter 5 Permits and Enforcement
Chapter 6 Planning Commission
Chapter 7 Public Hearings
Chapter 8 General Standards
Chapter 10 Off Street Parking, Loading & Driveways
Private street standards
Chapter 11 Site Plan Review
chapter 15 Zone Change
Chapter 29 Commercial Retail
Chapter 32 Interchange District
Landscaping Standards
Siqn~rdinance
This infor~ation must be submitted to the Planning Department no
later than 4:30 PM January 2, 1996. Please note ehat a ~lete
application must be submitted, reviewed and accepted by the
Planning Department at least 21 days prior to the scheduled
Planning C~ission hearing on January 25, 1996.
The applicat/on meets the Commercial Land Development Policies.
· See specifically pg 71 of Comp Plan.
A certified list prepared by a title company of property owners
within 250 feet of the site. These need to be on pre-pasted mailing
labels.
Appropriate application fees.
Appropriate signatures.
attachment F
Provide ~mation per Chapter lO parking standards.
~evie~ of ~he application is subject to Section 11.070 (a) through
~h) of the Woodburn Zoning Ordinance. The applicant must submit 11
copies of a narrative addressing all of this approval criteria.
Yrovide a site plan per Section 11.020 Site Plan Composition that
shows cir~ulation, access, parking/loading location and total
Latmber of parking spaces, total square footage of the proposed
~uildinq, a~d the location of the existing landscaped areas with
~imensi~ of those areas.
Specifically address the following:
location of entrances and exits and direction of traffic flow into
~nd out of parking areas
areas of turning and maneuvering of vehicles
=ype, color and texture of exterior surfaces
sign plan
existir~ easements, who are they to?, do they include the proposed
=ses?
~rovide infc~mation per VII of landscape policies and standards
1,2,3,4,5. Total area (~Ift) of the proposed landscaping needs to
~e broken i~co three major components:
=otal square footage of site
~treet frontage
Lndicatetotal square footage of impervious surface.
Show co~ltance with Chapter 29
~eight
~war and side yard setback
front yard setback
After pr~_]tatnary approval by Planning Commission, the developer
shall sulmit engineering plans to Public Works Department (see part
· wopg. 9Rtandards Document for Plan Review).
After Engineering approval, building permits may be issued.
~leasecallif you have any questions.
~0mmunityDevelopment Department 982-5246
8A.
SUBDIVISION/SITE PLAN REVIEW- PRE-APPUCATIONI NOTES
REQUEST DATE: December4, 1995
CONTACT PERSON: Teresa Engeldinger, Planning Dept,
DEPARTMENT: ODOT
982-5246
APPLICANT: Joseph R. Fox through his attorneys Wallace W. Uen, P.C.
TYPE OF PROJECT: Site Plan Review of a 21,000 sq. ft. auto dealership Hillyers Ford
Zone Change from ID (Interchange District) to CR (Commercial Retail) / Lot Line Adjustment
PROJECT LOCATION: Southwest corner of Hwy 219 - I-5 Interchange - West Woodburn
T5S, R2W, 12C TL1100 4.69AC ! T5S, R2W, 11 TL 105 .42AC
CONFERENCE PLACE: Conference Room / Woodburn City Hall
DATE: December 18, 1995 TIME: 1:30 P.M.
DEPARTMENT COMMENTS
attachment G
.... -" DIVISION OF STATE: LANDS tlETLANDS PROGRAH * ~, m
-' 77S Summer Street tiE, Salem, Oregon g7310 c='
d' soJ 378- os --
County: MARTON
Ct ty: wonnmjn~
2. APPLICANT: WALLACE W. LIEN,P.C.
name
P.O. BOX 5668
street
SALEM. OR 97304-0668
ci ty state
(503 5fi5-01o5
phone
zip
LLA 95-12
Local Case Flle~No.: ~R_/./_C/.~/95--~23' ~.~ 95-~07
OSL File Ho.:
LANDOWNER: JOSEPH R. FOX
name
530 ~ENTER ST. NE EOUTTABLE CENTER suite
street 316
SALEM; OR 97-q0~
city state zip
~n.~) ._ ~
LOCATION: 11 105
T _L R _aw S ~ 1/4 Tax Lot(s) ~lnn .
NHI quad map name ST. PAUL OREGON (attach copy with site indicated)'
Attached' X NHI map X Parcel map X Site plan ~ Other
SITE INFORMATION:
NHI Wetland Classification Code(s)
Sot 1 Sertes Name (optional)
Adjacent Waterway (If any)
Current Land Use vaCanT
PEM1Y
In Floodplain? Y N
Zoning INTERCHANGE DIST. (ID)
e
PROPOSEO ACTIVITY:
x site plan approval subdivision
grading permit planned unit development
__ conditional use permit __ public ~orks ~soecifv)
bul ldl ng permtt x. other LOT LINE ADJUSTMRNT
X Zone Change to: COM~eR¢IA~ RETAIL (CR)
21,000 sq.~t. AUTO DFd~T.~.RSHIP AND LOT LTNI~
Completed by/Contact: ~q~-~ESA ENGELDING~R Date 12 - 5 - 95
Address 270 MONTGOM]~¥ ST. WOODBI~:Clq. OR 97071 Phone (5031 C)R2-~746
(Z~a form ts to be completed only by planning ~nt staff for mapped wetlands)
~'_~/~ ~-~ DSL RESPONSE
A removal-fill permit is required from the. Division of State Lands.
A removal-fill permit will be required when the development project proceeds.
'A removal-fill permit may be required.
Information needed Includes'
E] A wetland determination/delineation report.
[~ State permit ~ was issued I~1 has been applied for.
J~L _No remov.aJ-fll) pqrmJt.l.s Fequlr_e,d for, t, he,desc~rlbed proJect.~ , ,
C3 A permit may be required by the Corps of EngJneer~ (32~-6995) - '
Co en '
Response completed bY:a~ Date /~'~//~/~-
* If the project Is ch )~val fr~ the wetlanos a~6a~ a
state re~val-fill permit will be required, a~achmentH
January 22, 1991
~[r. Joseph R. Fox
investors Brokerage, Inc.
_-he Equitable Center, Suite ~16
530 Center Street NE
Salem, OR 97301
DIVISION OF
STATE LANDS
STATE ~ BOARD
BARBARA ROBERTS
Governor
PHIL KEISUNG
.%cretary of State '
ANq'HONY MEEKER
State Treasurer
~e: Property in Woodburn, Oregon
t2~ar Mr. Fox:
! have visited the site referenced in your December 18,
~90, letter and reviewed soils and wetland inventory
~apping. The.site has been in production of wheat and
the soils ~o not show any indication of hydric
characteristics. There is no permit required from the
Division of State Lands'required for development of the
subject property.
Please contact me if you have an~ further questions ....
Sincerely,
Kenneth F. Bierly
W~tlands Program Manager
~'B/ba
ken: 545
cc: Jim Goudzwaard, Corps of
Engineers
775 Sununer Street NE
Salem, OR 97310
(503) 378-3805
FAX (503) 378-4844
Wo 4¸
R.'t W.
'W
I ~ w6ct I Am' _c,- she-e- 15,1
IOA
TO:
FROM:
SUBJECT:
DATE:
MEMO
The City Council through City Administrator
Public Works I)ir~-'tor ~~~~-~m~
Modification to Wastewater Charges Ordinance
March 21, 1996
RECOMMENDATION:
Approve the attached or&nance that modifies the implementation process approved for
enforcement of wastewmer charges,
BACKGROUND:
City Council agreed that residential wastewater charges should be based on the average of the
three (3) lowest months out ofthe four (4) winter months of readings. The proposed
modification brings the ordinance language to conform to the policy discussed in the council
meeting.
It should be noted that the subsection that reduced the peaking factor of one month out of four
months has been ~ because it is not being used in the averaging. This subsection has
been rewritten to allow the staff, at the request of the property owner, to do an adjustment for the
properties that expefiem~ flow changes because of a natural disaster or because of some unusual
family circumstance change that makes the winter average higher than any other three (3)
consecutive months average. The addition of this modification allows wastewater charges to be
brought closer to the actual usage when certain unusual circumstances or disastrous situations
arise after the winter average has been calculated.
Staff has sincerely tried to reflect council's approach to fairness, and therefore, approval of the
ordinance is requested.
NOTE: I would also like to inform the governing
body that the first billing based on winter average is
geheduled to be sent in the second week of April.
This billing cycle will include west and southwest
portions of the city.
IOA
COUNCIL BILL NO. 1696
ORDINANCE NO.
All OI~DINANCE AMENDING ORDINANCE 2157 (THE WASTEWATER USER CHARGE
ORI)IIIANCE} AND DECLARING AN EMERGENCY.
THE ~ OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 5(B)(1) of Ordinance 2157 is amended to read as follows:
In the first year of the minimum plus volume method
implementation, the November/December through
February/March bills will be based on the actual
consumption for each month. Starting in March/April, each
of the following twelve (12) months will be billed based on
the average of three (3) Iow months out of the four (4)
recent winter months (November/December through
February/March). Every year a new average will be
calculated using the immediately preceding winter month's
consumption.
Section 2. Section 5(B)(2) of Ordinance 2157 is amended to read as follows:
For residential units where a full four (4) months of
consumption readings are not available for averaging, such
as vacations or vacancies due to change in ownership, a
minimum of three (3) full months of readings may be used
for averaging or two (2) full months of readings
supplemented by partial month daily water consumption
outlined under Section 5(B)(9) may be used.
Sec'doe 3. Section 5(B)(4) of Ordinance 2157 is amended to read as follows:
If the winter average exceeds three other consecutive
months average, then at the request of the property owner,
the city may replace the winter average with the average of
three other consecutive months for the remaining future
annual billing cycle. No credit shall be given for the prior
billings and there shall be no extra charge for the
adjustment. Also, Public Works Shall make adjustments to
wastewater charges for properties disrupted by natural
Pag~ I -
COUNCIL BILL NO.
ORDINANCE NO.
IOA
disaster that affects the flow of wastewater to the city
system.
Section 4. This ordinance being necessary for the immediate preservation of
the public peace, health and safety, and emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval by
the Mayor.d'~ e[ !
City Attorney Dat
APPROVED:
Nancy A. Kirksey, Mayor
Passed by the Council
Submitted to the Mayor
Approved by ..the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 2-
COUNCIL BILL NO.
ORDINANCE NO.
lOB
COUNCIL BILL NO. 1697
ORDINANCE NO.
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN MAP DESIGNATION FOR
CERTAIN PROPERTY LOCATED WEST OF HIGHWAY 99E AND SOUTH OF
HARDCASTLE AVENUE FROM 'RESIDENTIAL GREATER THAN 12 UNITS PER ACRE"
TO "COMMERCIAL"; CHANGING THE ZONING DESIGNATION FROM 'MULTI-FAMILY
RESIDENTIAL (RM) TO "COMMERCIAL GENERAL" (CG); AMENDING THE
WOODBURN ZONING MAP; IMPOSING A CONDITION OF APPROVAL; AND
DECLARING AN EMERGENCY.
WHEREAS, the applicant, Richard and Karen Henkes, submitted application 95-
06 for a Comprehensive Plan Map Amendment from "Residential Greater Than 12
Units Per Acre" to "Commercial," and
WHEREAS, application 95-08 was also submitted by the applicants for a zone
change from 'Residential Multi-Family' (RM) to 'Commercial General' (CG), and
WHEREAS, the Woodburn Planning Commission conducted a public hearing on
January 11, 1996, and recommended approval of the applications, and
WHEREAS, the City Council conducted a de novo public hearing on March 11,
1996 and heard testimony on said applications, NOW, THEREFORE
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The subject property is owned by Richard and Karen Henkes and is
described as follows:
Marion County Assessor Map 5S, 1W, Sec. 8CD, Tax Lot 8300
Section 2. That based upon the findings and conclusions contained in Exhibit
"A" attached hereto, the Comprehensive Plan Map is amended from 'Residential
Greater Than 12 Units Per Acre' to "Commercial".
Section 3. That the zone designation of the subject property is amended from
"Multi-Family Residential" (RM)to "Commercial General" (CG) based upon the findings
and conclusions contained in Exhibit "A".
Section 4. That the Comprehensive Plan Amendment and Zone Change are
subject to the condition contained in Exhibit "A" that the Council finds reasonable.
Page I -
COUNCIL BILL NO.'
ORDINANCE NO.
lOB
Section 5. That the Woodburn Comprehensive Plan Map and Zoning Map shall
be corrected to reflect the classifications herein made.
Section 6. This ordinance being necessary for the immediate preservation of
the public peace, health and safety, and emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval by
the Mayor.
Approved as to ,orm.'~ '~~/~~ D~at~
City Attorney
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 2 -
COUNCIL BILL NO.
ORDINANCE NO.
Exhibit "A"
Page i of 16
10B
CITY OF WOODBURN
270 Montgomery Street · Woodbum, Oregon 97071 - (503) 982-5222
TDD (503) 982-7433 * FAX (503) 982-5244
STAFF REPORT
PLAN AMENDMENT 95-06
ZONE CHANGE # 95-08
II
III
APPLICANT:
Hal Hewitt for
Richard & Karen Henkes
9999 SW Wilshire Street
Portland, Oregon 97225
NATURE OF THE APPLICATION:
The applicant is requesting a plan map amendment and zone change in order to
rezone property from residential to commercial and specifically RM Multi-family to
Commercial General.
RELEVANT FACTS:
The site is located on the east of Hwy 99E and south of Hardcastle Ave. The
property can be identified specifically on Marion County Assessor Map 5S,1W,
Section 8CD, Tax Lot 8300..There is an existing electrical contracting business on
site. Previous land use actions related to the property include lot line adjustment 95-
09 which was approved by staff November 9, 1995. Staff has calculated that the
zone change consists of approximately 9,600 square feet. This area is already
planned for commercial use on the Woodburn Comprehensive Plan. The remainder
of the applicant's request involves a plan amendment of approximately 10,127
square feet. These areas are currently planned for and zoned for residential multi-
family. These areas are being requested for both a plan map amendment and zone
change to commercial general.
The applicant is requesting a comprehensive plan map amendment and zone change
only at this timE. At such time development occurs, the applicant will be required
to request site plan review approval for any construction.
~xhibit 'A'
Paqe R-of 1~
lOB
IV
RELEVANT APPROVAL CRITERIA:
A. Woodburn Comprehensive Plan
Woodburn Zoning Ordinance
Chapter 5 Permits and Enforcement
Chapter 6 Planning Commission
Chapter 7 Public Hearing
Chapter 15 Zone Change Procedures
Chapter 16 Comprehensive Plan Amendment Procedure
Chapter 26 RM-Multiple Family
Chapter 30 Commercial General
Woodburn Comprehensive Plan:
STAFF FINDING: The property is located within one of the four identified major
commercial areas and is over one acre in size. This is in compliance with the
Commercial Land Development Policies.
Woodburn Zoning Ordinance
Chapter 16 Comprehensive Plan Amendment Procedures
A Plan Amendment is any change to the Woodburn Comprehensive Plan text or
map.
Section 16.080 Burden of Proof
a) To support an amendment to the Comprehensive Plan, the applicant shall:
(1) Prove that the original plan was in error;
STAFF FINDING: The City of Woodburn's Comprehensive Plan was adopted in 1980
and, since, with accompanying ordinances has been found to be in compliance with
statewide goals at the time of periodic review in 1989. The applicant states that
an error was made in that the property was split zoned. The back or western
portion is planned for multi-family development and the front or eastern portion for
commercial development. Therefore, any development of the back of the property
would lead to access and circulation of vehicles through a commercial development
in order to get to the residential section. There are a number of properties which a
split zoned along Highway 99E. At the time of adoption of the Woodburn
Comprehensive Plan a reasonable depth of commercially zoned property along the
highway was established. The applicant wishes change this.
(2) Show that the community has changed since the original plan was
adopted;or
(3) Show that there has been a change in the planning and growth policy of
the city.
'Exhibit
Page 3 of 16
lOB
V
STAFF FINDING: The applicant chose to address (2). Sited as changes since the
original plan are the population growth of 11,000 in 1980 to approximately 15,600
in 1995 which equates to an increase in shopper demand. The applicant has not
substantiated this claim. The area in which the applicant is seeking the plan
amendment is still one of four of the identified commercial areas in the
comprehensive plan. In addition,- the applicant also sites new development along
Highway 99E and the increase in traffic volumes. The 1994 edition-of Traffic
Volume Tables published by The Oregon Department of Transportation indicates that
the traffic volumes (ADT) on Hwy 99E between Hardcastle, E. Lincoln and Young
Street are at least 20~900.
Chapter 1§ Zone Change Procedures
1.Show there is a need for the use proposed.
STAFF FINDING: The applicant has stated that there are fewer commercial site
available within the community to serve demand for small scale retail development.
This is do to the substantial change in population growth and traffic volumes along
Highway 99E. The land use inventory through 1994 indicates 147.6 acres of
commercial land that is undeveloped within the city limits.
2.Show that the particular piece of property in question will best meet that need.
STAFF FINDING: A portion of the property that is being requested for the zone
change is already planned for commercial use. The applicant is simply bringing it into
conformance with the comprehensive plan. The front of the property along Hwy
99E is already being utilized for a commercial business. The remainder of the
property that involves both a comprehensive plan map amendment and zone change
and is located in the rear (west) of the property. All of these areas are under one
ownership and contiguous to Highway 99E. The site is located in one of the four
identified commercial areas with the Woodburn Comprehensive Plan.
COMMENTS FROM OTHER DEPARTMENTS:
None at this time. Comments will be included when the appl{cant requests ~Jte Plan
Review approval.
Exhibit "A"
Page 4-of 16
10B
CONCLUSION:
The applicant is making two requests. A plan map amendment and zone map change
from residential multi-family to commercial general. The second request is for a
zone change from RM multi-family to commercial general. No site specific
development is being proposed'at this time.
DECISION:
If the Woodburn Planning Commission recommends approval to the city council, the
following conditions of approval are recommended by staff:
The applicant shall request Site Plan Review approval for structures built,
structurally altered, or enlarge.
Paae-5 of 16
ZONE MAP CHANGI!I/COMPREHENSIVE PLAN MAP CHANGE
PETITION
DIRECT QUESTIONS TO:
GREENHTI I
(NAME)
iggO£_ ITTN: HAl HD~TTT
9qgg gW WTISHTRF
PORT. 9722§
(ADDRESS)
{CITY)
(TELEPHONE)
(STATE) (ZIP CODE)
Acreage 1+
Present zone R-H
Desired zone C-G
OWNERS:
Richard & Karen Henkes
NAME (PLEASE PRINT OR TYPE)
955 Bryan Woodburn 97071
ADDRESS & ZIP CODE
lOB
Assessor's Map & Tax Lot Number 8CD 5 1W. TL-R300
LOCATION AND SIZE OF THE PROPERTY, or if not addressed, then state distance to the nearest
intersecting street or known landmark.
1041 Paci fi c Hwy
OFFICE USE ONLY
1. Statement of Intent (Exb. A)
2. Plot Plan (Exb. B).
3. Legal Description of the Property
4. List of All Property Owners within
250 Feet of the Property
5. Assessors Map
6. Application: #
App rec'd by:
Receipt:
APPLICATION CHECKLIST
YES
NO
Date
Page 2 - ZONCHGAP.294
Exhib:J.t
REQUIREDA~ACHMF-.NT~
STATEMENT OF INTENT should discuss/explain 'the..mason this request is made.
Include brief description of any proposed construction or land use change, show that
the request is: 1) in conformance with the Comprehensive Plan; 2) there is a public
need for this change; 3) that need is best met by this proposal; 4) there is no other
available and appropriately zoned land in the vicinity; 5) petitioners cannot make a
reasonable use of the land as it is currently zoned. (See zone change policy
considerations). (Mark EXHIBIT
PLOT PLAN; Show all properties within 250' from and parallel to the subject
property and the land use of each. Mark EXHIBIT "B", Draw to scale.
LEGAL DE~;¢RIpTION of the property in metes and bounds (as it appears on the
deed); Mark EXHIBIT "C", or if property is within a platted subdivision:
·Lot: , Block: , of (Subdivision).
· NOTE: If a fraction of the lot, then attach full description as if it were metes and
bounds.
/~¥ ~.' NAMES AND ADDRESSES OF ALL PROPERTY OWNERS (husband and wife) within
250 feet from and parallel to the subject property. Obtain certified list and map from
title company and attach. Mark EXHIBIT "D".
!!
ASSESSOR'S MAP. Attach copy of Marion County Assessor's map showing subject
area and outlining 250' notification area. Mark EXHIBIT "F".
lOB
We, the undersigned, hereby certify that all-the statements in the plot plan, attachments, and
exhibits transmitted herewith are true and complete, and we are the owners of record or
contract ourchasers of orooertv for which the zone mae chanqe is reeuested:
DATE
NAME , ,~
Property cv~e~ / ~
GRE[~HILL ASSOC.
Applicant
The applicant bears the burden of proof that the above approval criteria has been met.
Page .= - ZONCHGAP.~,
Exhibit
Pa~e 7 of
SUPPPORT[NG STATEMENT
PLAN AMENDHENT
HENKES PROPERTY
lO41N Pacific Hwy
Woodburn, OR
OCT. 1995
Tax Lot 8300
Sec. 8CD, 5 IW
BACKGROUND:
The subject property has been owned for several years by Richard and Karen
Henkes. It is used as a business location for the operation of Henkes
Electrical Contracting Company. It's size at appx. 44,500 Sq Ft. and
conftgureation are shwon on the attached parcel maps. A recent lot line
adjustment has relocated and aligned the northerly property line between the
owners and the Chruch of Christ and reduced the original lot depth.
lOB
Neighboring properties include the Woodburn Inn to the south; The Church of
Christ, Foto Magic and Pacific Printers to the north. Mall 99 is located
across Pacific Hwy.
During adoption of the city's original land use plan, the major portion of
this site was designated for General Comnercial uses; a small portion of the
western side of the property was designated Multi Family Residential.
When the zoning map was adopted, The eastern half of the property was zoned
C-G; the western half, R-M. The owners would like to redevelop this site for
retail commercial sales and service, but feel the process would be too
complicated with the present dual zoning. The result maynot be appropriate to
the area. This application therefore seeks Plan Amendment and Rezoning for the
entire parcel to the General Commercial designation.
· 14enkes Statement, Pg. 2
LAND USE PLAN REVIEW CRITERIA
Exhibit 'A'
Page 8 of 16
.lOB.
l)
THE ORIGINAL PLAN WAS IN ERROR.
One of the principal rules guiding the application of land use
designations is to change designations along rear, or in some cases side
property lines. This reduces the frontal, the visual and in many cases
the functional relationships between differing land uses and allows for a
reasonable transition and improved compatability between them.: It also
allows, where appropriate, for the placement of berms, barriers and walls
to assist in the transition.
Exceptions to this rule may occur in large acreage areas or where access
limitations warrant a different application. However, neither of these
conditions appear in the present case.
The difficulty in this case is that any apartment development on the rear
of this property would rely upon the retail commercial portion of the
site for it's access, thereby making it necessary to mix the residential
and conmnercial traffic and require an "open relationship" between both
parts of the property, disallowing the placement of useful buffers. In
addition, such a relationship would seriously compromise the residential
living environment and undermine the desire for stable land values.
The designations placed on this property in 1980, are understandable in
terms of the objectives and the time limitations mandated by the state,
at that time for adoption of land use plans. During the intervening
years, however, many city's and county's have found the need to modify
some earlier designations, given the scope of the original effort.
This information should demonstrate compliance with this criteria.
Hen~es Statement, Pg. 3
gxhibit 'R'
Page 9 o[ 16
lOB
2) THE COMMUNITY HAS CHANGED SINCE ADOPTION OF THE ORIGINAL PLAN.
Population:
Population in the Woodburn Planning area has increased appx. 50% since
adoption of the original plan in lgSO, from ll,O00 to 15,600. This is not
only a subtantial increase by itself, but ahead of projections for the
community. This increase is also reflected in the shopper demand for
retail goods and services throughout the Woodburn market area, including
commercial uses and development along the Pacific Highway.
Commercial Areas:
Woodburn appears to contain three different types of commercial
development, l) The transient c~erctal uses near I-5, on Hwy 214;
2) The large scale commercial developments along Hwy 214, west of Pacific
Hwy and 3) The small scale developments along the Pacific Highway
corridor, historically, the city's primary commercial area. This area is
generally located between the railroad to the south and Hwy 214 to the
north. With three notable exceptions, Mall 99; Roth's 1GA and a site at
Hwy 214, this corridor is comprised of comparitively small sized lots
fronting the highway.
During the last lO-15 years, considerable development has occured near
I-5, to primarily serve travelers along that traffic corridor. However,
during this same period considerable new development and redevelopment'
have also occured along Pacific Highway.
With appx. 33 bus(ness sites along the west side of the highway, ll
exhibit new development during this period. The east side contains appx.
30 business sites, of which l0 indicate soine type of new development,
excluding the Jehovahs Witness Church. Along both sides of Pacific Hwy,
commercial improvments have occured on 33% of these properties.
Henkes Statement, Pg. 4
~hibit 'A~
Page 10 of 16
lOB
Traffic Volumes:
According to the Highway Depts. Traffic Volume Tables, 1980 ed., when the
orignal plan was adopted, traffic volumes along Pacific Hwy were appx.
lO,O00 per day. The 1994 ed. indicates traffic counts now average appx.
16,500 per day,n increase of 65~; during this period. Coincidentally,
these increases virtually parallel the population growth in the community
during this same period.
Among other changes, this traffic increase has resulted in the widening
of a significant northerly portion of Pacific Highway. The Henkes
property is included in this improvement area.
These changes, taken togeather demonstrate compliance with this criteria.
1041
............. 'f~ .. ~
,qr,or) -:i-~-' ITM
1.11 2 7 J
88O0,
tlENKES PROPERTY
PLAN AMENDMENT
N Paci fic Itwy
CIIURCtl
MULTI-FAM
I
' I / .......
ol / nml~!
C, URC,
OF " PACIFIC
CIIRI ST PRI N'IE R
I I ........ Z ....... .
~/ ~Goo ,
I I / ,,,~, .,., ,.
.I
COMMERCIAL ~~ f*
DES I GNATI ~ ~-
700
~'~'Y~- ~ I
bloodbu rn, Ore.
MOTEL ~-
_..,_____.____ ~o0____~.~ _~
,~.
North
Exhibit "A"
Pa~e 12 of 16
SUPPORTING STATEMENT
REZONING
HENKES PROPERTY
1041N Pacific Hwy.
W~odburn, OR
B~CKGROUND:
OCT. 1995
Tax Lot 8300
Sec. 8CD 5 IW
Please see ~ttached supporting statement for Plan Amendment.
REVIEW CRITERIA:
108
1 ) THERE IS A NEED FOR THE PROPOSED USE.
Community changes documented in the related supporting statement
indicate substantial change in population growth in the planning
area and increased traffic volumes along Pacific Highway. This
change, has in turn provided the demand and incentive for a
significant nu~er of new commercial developments along this
corridor in recent years.
Such development has occured on appx. 331~ of the related sites. This
trend, along with the consumption of designated commercial land for
development on Hwy 214 between Pacific Hwy and I-5, has resulted
in fewer comnerctal sites being available within the community to
serve demand for small scale retail development. The few which are
available are principally located along Pacific Highway.
Hen~es Statement, Pg. 6
Exhibit 'A'
Page 13 of 16
lOB
2) THIS PROPERTY WILL BEST NEET THE TH~S NEED.
Inasmuch as this parcel is located on Pacific highway with its
frontage designated for c°neercial use and it's rear portion
accessable only from the highway, through the comercialy designated
portion of the site, it appears to be a reasonable candidate for the
requested change.
The in~nediate relationships between the subject property and the
adjacent co~erctal properties, including the nmtel to the south
would support the compatablitity for the change, as well.
OF
' PACIFIC /,~,
~,'1 C. IIRI ST PRIIITER ~/~?~'
_. / North
ZONING MAP AMENDMENT /' / /
1041 N Pacific Hwy Woodburn, Ore. / .. / ....
-- ' · ' -- ' t.... ( ~' ,-"/~ '¢.s'a.t~,~s i~ ~ .
.~.~1 .
I :' in ~, I~ ~.. l~ ~,. 'OF. II - -'
L : L' ¢ .....
- ~_ :;¢'",~,;; ................ -..
.... ~ _._ ~~ I~/ '",~, ,,¢
~"'~ .~! ~,,,~, I~~~~....~~z..
~! ~~1_: .... ~ -~' '-' ' ~' ~ '-"
_~,, '".."i :.~'"'~~"~ ~~ /' ~~T~m.:; ,r~. '.'-Z.
.I ~/ ;~I~~~ - :~ ' - , '"'.
~~_'1.~.': .'1. 870~' : ~ I ~, ... . '" ; ~, . ' ~;
~...,~,......~...,,, ~ ...~.. ... ~:..~..:....~: ,, ,:... ..~.,.~ .:......
- ...-. ,;-.-/, .-.. ... · :-.:.
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.. ~~ ..' ..:. ...-. .. . . :'...
-~O~i:',-,,~m~ ~ ,~,~,'" ' .... '" "' ...-'- :.' ~'
; ,';g;';. ;-eL,. ' ,?:-. '.,: ..... :-. . ~
STAFF EXHIBIT 1
10C
COUNCIL BILL NO.
ORDINANCE NO.
1698
AN ORDINANCE CHANGING THE ZONING DESIGNATION ON CERTAIN PROPERTY
LOCATED EAST OF HIGHWAY 99E AND NORTH OF HARDCASTLE FROM MULTI-
FAMILY RESIDENTIAL (RM) TO COMMERCIAL RETAIL (CR); AMENDING THE
WOODBURN ZONING MAP; IMPOSING A CONDITION OF APPROVAL; AND
DECLARING AN EMERGENCY.
WHEREAS, the applicant, Leroy B. Miller, submitted application 95-09 for a
Zone Change from Multi-Family Residential (RM) to Commercial Retail (CR), and
WHEREAS, the Woodburn Planning Commission conducted a public hearing on
January 11, 1996, and recommended that the City Council approve said application,
and
WHEREAS, the City Council conducted a de novo public hearing on March 11,
1996 and heard testimony on said application, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The subject property is owned by Leroy B. Miller and is described
as follows:
Marion County Assessor Map 5S, 1W, Sec. 8DC, Tax Lot 400.
Section 2. That based upon the findings and conclusions contained in Exhibit
"A" attached hereto, the zone designation on the subject property is changed from
Multi-Family Residential (RM) to Commercial Retail (CR).
Section 3. That the Woodburn Zoning Map is hereby amended to designate the
subject property as Commercial Retail (CR).
Section 4. That the zone designation change is subject to the condition
contained in Exhibit "A" that the Council finds reasonable.
Page I -
COUNCIL BILL NO.
ORDINANCE NO.
lOC
Section 5. This ordinance being necessary for the immediate preservation of
the public peace, health and safety, and emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval by
the Mayor. D~atI ~-.1
Approved as ,o ,orm.'~?,'~'v~/~'~~'~'')
City Attorney
APPROVED:
Nancy A. Kirksey, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
A'i-rEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 2 -
COUNCIL BILL NO.
ORDINANCE NO.
Exhibit
Page 1 of
10C
CITY OF WOODBURN
270 Mon~ Strut · Woodbum, Or~,~on 97071 * (503) 98~-5~x2
TDD (503) 982-7433 · FAX (503) 982-5244
STAFF REPORT
ZONE CHANGE # 95-09
II
II!
iV
APPLICANT:
Leroy B. Miller
P.O. Box 198
Woodburn, Oregon 97071
NATURE OF THE APPLICATION:
The applicant is requesting a zone change in order to rezone property from RM Multi-
Family Residential to CR Commercial Retail.
RELEVANT FACTS:
The site is located east of Hwy 99E end north of Hardcastle Ave. The property can
be identified specifically on Marion County Assessor Map SS, lW, Section 8DC, Tax
Lot 400. The site currently has some buildings on the northern portion, the southern
portion is vacant. This area is planned for Commercial on the Woodburn
Comprehensive Plan. The property is split zoned. The northern 1.O6 acres is
currently zoned CR Commercial Retail while the southern .56 acres is zoned RM
Multi-Family Residential. The zone change consists of this southern .56 acres.
The applicant is requesting a zone change only at this time. At such time
development occurs, the applicant will be required to request site plan review
approval for any construction.
RELEVANT APPROVAL CRITERIA:
Woodburn Comprehensive Plan
Commercial Land Development Policies
Public Service Goals and Policies
Be
Woodburn Zoning Ordinance
Chapter 5 Permits and Enforcement
Chapter 6 Planning Commission
Chapter 7 Public Hearing
Chapter 15 Zone Change Procedures
Chapter 26 Multiple Family Residential
Chapter 29 Commercial Retail
Page 2 O:[ 8 * '~,0C
Woodburn Comprehensive Plan:
STAFF FINDING: The property is located within one of the four identified major'
commercial areas and is over one acre in size. This is in compliance with the
Commercial Land Development Policies.
Woodburn Zoning Ordinance
Chapter 15 Zone Change Procedures
STAFF FINDING: The applicant has provided adequate information as required by
Section 15.030 Initiation of Zone Change by Complete Petition.
Chapter 16 Comprehensive Plan Amendment Procedure
Section 16.080. Burden of Proof. The following specific questions shall be given
consideration in evaluating requests regarding plan and zoning amendments and are
as follows:
(b) To support a zone change, the applicant shall:
(1) Show there is a need for the use proposed;
STAFF FINDING: The property is currently split zoned, the proposed
zone change would bring the southern .§6 acres into the CR
Commercial Retail zoning designation. The Woodburn Comprehensive
Plan Map designates this property as Commercial. Therefore, a zone
change from RM Multi-Family Residential to CR Commercial Retail is
a logical transition since the entire property is planned for a
commercial use. The applicant states that "The fact that the city of
Woodburn Comprehensive Plan designates the subject property as
commercial is e recognition by the city of Woodburn that additional
commercial land is needed within the planning period."
(2) Show that the particular piece of property in question will best
meet that need.
STAFF FINDING: The subject property is directly adjacent to the
existing Les Schwab Tire Center, the business is wishing to expand
and as stated by the applicant "this parcel will best meet the current
needs of the Tire Center." The current Woodburn Comprehensive Plan
has the property designated for commercial which illustrates a
commercial use would be the best use in this particular area. The
applicant states that the "Les Schwab Tire Center is a significant
employer and a viable expanding business within the city. It is within
the interest of the City of Woodburn to cooperate, where possible,
with the needs of such business to expand. There exists no other
commercially zoned property which will meet the current expansion
needs of Les Schwab Tire Center. This parcel will best meet the
current needs of the Tire Center for expansion."
V
VI
VII
Exhibit ~A"
, Page 3 of 8 10C
COMMENTS FROM OTHER DEPARTMENTS:
None at this time. Comments will be included when the aPPlicant requests Site Plan
Review approval.
CONCLUSION:
The request is for a zone change from RM Multi-Family to CR Commercial Retail. No
site specific development is being proposed at this time.
DECISION:
If the Woodburn Planning Commission recommends approval to the city council, the
following conditions of approval are recommended by staff:
1. The applicant shall request Site Plan Review approval for structures built,
structurally altered, or enlarge.
Exhibit
Page 4 of
i.0C
EXHi~' A
STATEMENT OF INTENT
l. Introduction.
Petitioner owns a 1.62 acre parcel shown as Tax Lot 400 on the Assessor's Map,
attached to this Statement of Intent as Exhibit 1. This 1.62 acre parcel currently contains
two zoning designations. The Northerly 1.06 acre +/- segment of said parcel is currently
zoned Commercial Retail. The Southerly .56 +/- acre segment of that 1.62 acre parcel is
currently zoned Multi-Family Residential.
Tax Lots 300, 500, 600, 700 and 800 are zoned Commercial Retail.
Les Schwab Tire Center is the owner of Tax Lots 600, 700 and 800 and wishes to
purchase from petitioner the Southerly portion of Tax Lot 400, the majority of which is
presently zoned Multi-Family Residential. Les Schwab Tire Center needs to expand its
business into said parcel and such expansion requires that said parcel be rezoned to
Commercial Retail.
2. Comprehensive Plan.
A Comprehensive Plan Use map of the city of Woodburn designates all of Tax Lot
400 as commercial. As a matter of fact, the Comprehensive Land Use Plan map of the
city of Woodburn also designates Tax Lots 900, 1000 and 1100 as commercial. This zone
change request is in conformance with Woodburn's Comprehensive Plan Land Use map
designation.
3. Public Need for Change.
'The fact that the city of Woodburn Comprehensive Plan designates the subject
property as commercial is a recognition by the city of Woodburn that additional commercial
land is needed within the planning period.
4. Need Best Met by this Proposal.
Les Schwab Tire Center is a significant employer and a viable expanding business
within the city. It is within the interest of the city of Woodburn to cooperate, where
possible, with the needs of such businesses to expand. There exists no other commercially
zoned property which will meet the current expansion needs of Les Schwab Tire Center.
This parcel will best meet the current needs of the Tire Center for expansion.
Page 5 of 8
10C
5. No Other Available and Appropriately Zoned Land in the Vicinity.
Although the Northerly part of Tax Lot 400 is currently zoned commercial, only the
Southerly part of Tax Lot 400 will currently meet the expansion needs of Les Schwab Tire
Center. Zoning designations normally follow property lines. For reasons which are not
clear, Tax Lot 400 is zoned partially Commercial Retail and partially Multi-Family
Residential. It is appropriate and reasonable that the entirety of Tax Lot 400 should be
changed to Commercial Retail.
6. Reasonable Use of Land Limited by Current Zoning Designation.
The Comprehensive Plan designates all of Tax LOt 400 as Commercial Retail. A
Multi-Family Zoning designation on the Southerly portion of this property does not conform
to the Comprehensive Plan designation. Until the zoning is brought into conformity with
the Comprehensive Plan, reasonable use and development of the land is frustrated.
LEROY B. MILI-~.R
f 8
/
?.
Exhibit "A"
Paqe 7 of 8
PETITION FOR ZONE MAP
I~ CHANGE - .
DIRECT QUESTIONS TO: RECEIVED NOV Z 7 199,.5
LEROY B. MILLER ,
(NAME)
O. Box 198 (503) 651-33.40
(ADDRESS}
Woodburn
OR
(TELEPHONE
97071
(CITY) (STATE) '; ~lP CODE)
REQUEST:
To change .5 6 AC of (pr?sent zone/present comp. plan) ~
To (desired zone/desired comp. plan) CR as such zones are defined
by the City of Woodbum Zoning Ordinance.
OWNERS:
LEROY B. MILLER P.O. Box 198
NAME (P! I=ASE PRINT OR TYPE)
ADDRESS & ZIP CODE
Woodburn, OR 9707]-
1OC
LOCATION AND S!_TF__ OF THE PROPERTY: or if not addressed, then state
distance to the nearest Intersecting street or know landmark. _
" APPLICATION CHECKLIST ',',.
OFFICE USE ONLY YES N°
2.
3.
4.
Statement of Intent (Exb. A)
PIct' Plan (Exb. B)
Legal Description of the Property
Ust of All Property Owners within
250 Feet of the Property
Assessors Map
.3.
Se
Exhibit "A"
Page 8 of 8
REQUIRED ATTACHMENTS
STATEMENT OF INTENT. should discus~lexplaln the reason this request is made.
Include brief description of any proposed o0nstnJoflon or land use change. ,how
that the request Is: 1) In conformance with the Comprehensive Plan; 2) there Is a
public need for thls cliange; 3) that need is best met by this proposal; 4) them is
no other available and appropriately zoned land in the vicinity; 5) petitioners
cannot make a reasonable use of the land as It is currently zoned. (See zone
change policy considerations). (Mark EXHIBIT
PLOT PLAN' Show all propertieS within 250' from and parallel to the subject
property and the land use of each. Mark EXHIBIT 'B", Draw {6 scale.
LEGAL DESCRIPTION_of the property in metes and bounds (es it appears on the
deed); Mark EXHIBIT "G', or if property is withln a platted subdivislon:
T c':,-. C-, [~: ~ C,~ .pC' c>c", qco -
* Lot: , Blodk: , of_ (Subdivision).
*NOTE: If a fraction of the lot, then attach full description as if it were metes and
bounds.
HAMES AND ADDRESSES OF ~.11_ PROPER3Y OWNERS (husband and wife)
within 250 feet from and parallel to the subject property. Obtain certified list
and map from title company and attach. Mark EXHIBIT "D".
ASSESSOR'S MAP, Attach coPY of Madon County Assessor's map showing
subject area and outlining 250" notirmation area, Mark EXHIBIT 'F"/
We, the undereignecl, hereby bertify that all the statemel~tS in the plot plan,
attachments, and exhibits transmitted herewith are true and complete; aqd we are
.the owrlers of record or contract purchasers of orooerty for which the zone mad
change is requested:
NAME
DATE
10C
IOD
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator
Public Works Program Manager
Agreement for Professional Engineering Services for
Water System Planning
March 20, 1996
RECOMMENDATION:
Approve the attached resolution entering into an agreement with HDR Engineering Inc.
for professional engineering services to accomplish water system planning for the city.
Estimated cost for this service is $ 104,000.
BACKGROUND:
As reported in a February 26, 1996 staff report, in response to a council goal to
develop a Water Master Plan for the City of Woodburn during 1996, Public Works
staff has been engaged in the preparatory work required to get this project initiated.
Public Works worked with the Oregon Health Division, Drinking Water Section who
administers the rules regarding what is required in a master plan. A goal of staff was
to develop a plan that would provide direction for providing the best quality water
possible in sufficient quantity to meet the needs of the citizens of Woodburn. To
accomplish this the plan will look at treatment options that would reduce iron and
manganese levels, provide options for disinfection, provide options for reduction in
arsenic levels, and comply with requirements of the Safe Drinking Water Act.
Storage, distribution systems, and additional source requirements will also be
evaluated.
Staff evaluated various consultants who were qualified to accomplish this type of
project. HDR Engineering Inc. was selected and the scope of work and other aspects
of the project were negotiated. HDR has a strong background in water supply
engineering and provides the professional expertise in this field that will produce a
valuable planning tool for the city. An agreement outlining the scope of professional
engineering services is now presented for council consideration. Estimated cost of the
project is $ 104,000.
IOD
COUNCIL BILL NO. 1 699
RESOLUTION NO.
A RESOLUTION ENTERING INTO AN AGREEMENT WITH HDR ENGINEERING INC. FOR
PROFESSIONAL ENGINEERING CONSULTING SERVICES FOR WATER SYSTEM
PLANNING AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT.
WHEREAS, the State of Oregon acting through the Health Division has
established requirement for water master plans in OAR 331-61-060, and
WHEREAS, the City of Woodburn Council has established completion of a
water master plan as a goal for 1996, and
WHEREAS, the City desires to provide the best quality water possible in
sufficient quantity to meet the needs of the citizens of Woodburn, and
WHEREAS, HDR Engineering, Inc. has approved an agreement for Engineering
Services that is acceptable to the City with the exception of the termination of
Agreement clause modified herein, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an agreement with HDR
Engineering, Inc. for professional engineering consulting services to complete a water
master plan and water treatment alternative evaluation for the City of Woodburn that
complies with OAR 331-61-060.
Sec'don 2. That the City of Woodburn has modified the Termination of
Agreement clause contained in the Terms and Conditions of Engineering Services to
read as follows:
Se
TERMINATION OF AGREEMENT
OWNER or ENGINEER may terminate the Agreement, in
whole or in part, by giving seven (7) days written notice.
Where the method of payment is "lump sum" or cost
reimbursement, the final invoice will include all services and
expenses associated with the Project up to the effective
date of termination. An equitable adjustment shall also be
made to provide for termination settlement costs ENGINEER
incurs as a result of commitments that had become firm
before termination, and for a reasonable profit for services
performed.
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
1OD
Section 3. That the Mayor is authorized to sign the form of agreement with
HDR Engineering, Inc. attached hereto containing the modification made by Section
2 of this resolution.
Section 4. That after approval of this agreement by the City, the agreement
shall be submitted to HDR Engineering, Inc. for approval in its modified form.
I$1 N. Robert Shields
Approved as to form:
City Attorney
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
Date
Nancy A. Kirksey, Mayor
Page 2-
COUNCIL BILL
RESOLUTION NO.
1OD
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is made as of this day of March, 1996, between
THE CITY OF WOODBURN, OREGON ("OWNER") an Oregon Municipality, with
principal offices at City Hall, 270 Montgomery Street, Woodbum, Oregon, and HDR
ENGINEERING, INC., ("ENGINEER") a Nebraska corporation, with principal offices at
8404 Indian Hills Drive, Omaha, Nebraska, 68114 for services in connection with the
project known as the "Phase 1 - Water Master Plan and Water Treatment Alternative
Evaluation Study" and Optional - Phase 2, "Pilot Study and Treatment Plant Pre-Design",
hereinafter known as the Project;
WHEREAS, OWNER desires to engage ENGINEER to provide professional
engineering consulting services ("Services") in connection with the Project; and
WHEREAS, ENGINEER desires to render these Services as described in
SECTION I, Scope of Services;
NOW, TIW~REFORE, OWNER and ENGINEER in consideration of the mutual
covenants contained herein, agree as follows:
SECTION L SCOPE OF SERVICES
ENGINEER will provide Services for the Project, which consist of the Scope of Services
as outlined on the attached Exhibit A.
SECTION IL RESPONSIBHATIES OF OWNER
In addition to the services described in paragraph 6 of the attached "HDR Engineering~
Inc. Terms and Conditions of Engineering Services," OWNER shall provide the
information to ENGINEER as outlined in the attached Exhibit A:
SECTION m. COMPENSATION
Compensation for ENGINEER'S services under this Agreement-shall be on the basis of
"per diem with a not to exceed maximum"
The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that
may be imposed on this Agreement shall be added to the ENGINEER'S compensation as
Reimbursable Expenses.
Compensation terms are defined as follows:
Per Diem shall be based on the hourly rate per the resource description stated in the rate
sheet which is attached to this Agreement as Exhibit B. This hourly rate to be paid as
total compensation for each hour an employee works on the project, plus Reimbursable
Direct Expense.
City of Woodburn Agreement- 1 of 3 13 February, 1996
Water Master Plan and Treatment Evaluation
Agreement for Engineering Services
Reinlx~s~le Direct Expense shall mean the actual expenses incurred directly or indirectly
in connection with the Project for transportation travel, subconsultants, subcontractors,
comtmmr usage, telephone, telex, shipping and express, and other incurred expense.
ENGLN'EER will add ten percent (10%) to invoices received by ENGINEER from
subconsu~ants and subcontractors to cover supervision, administrative, and insurance
expenses
Compen~on for ENGINEER'S services under this Agreement shall not exceed the
follo~g without the prior written authorization of the OWNER:
Phase I
P~_-t 1
P~ 2
Pa~ 3
P~_-t 4
Water Master Plan
System Analysis and
Water Quality Review
Alternative Evaluation and
Bench Scale Testing
Council/Public Meetings
eighty thousand dollars ($80,000)
five thousand dollars ($5,000)
fourteen thousand dollars ($14,000)
five thousand dollars ($5,000)
Pha~e 2 (Optional)
To be determined prior to commencing Phase 2
The ENGLNEER shall be entitled to cost of living increases in the hourly rates stated on
Extu't/a B and in the not to exceed levels stated above at the beginning of each calendar
year durirg this Agreement. This cost of living adjustment shall be agreed to by all
parties
sr. cno. iv. T RMSCo omoNs OF ENGINEERING SERVICES
The -FIDR Engineering~ Inc. Terms and Conditions of Engineering Services," which are
attached, ue incorporated into this Agreement by this reference.
SECTION V.
PERIOD OF SERVICE
Upon receipt of written authorization to proceed, ENGINEER shall perform the services
within the time period(s) described in Exhibit A.
SECTION VI.
OPTIONAL SERVICES
The .,~-vices designated as being "Optional" shall become part of this Agreement with the
execution of an Amendment to this Agreement which would detail the scope and
compensazion for the optional services. Until such Amendment,- no services designated as
optional shall be completed.
1OD
CIO.' q: abcdburn Agreement - 2 of 3
Water Maser Plan and Treatment Evaluation
Agreo~ent. Or Engineering Services
13 February, 1996
IOD
IN WITNF_,SS WHF~RF~F, the parties hereto have executed this Agreement as of the day and
year first written above.
"OWNER"
BY:
TITLE:
ADDRESS:
I-IDR ENGINEERING, INC.
'ENGINN~ER"
BY:
NAME:
T1TLE:
ADDRESS:
Agreement- 3 of 3
Exhibit A
Scope of Work
This project is divided into two phases. Phase 1 includes the "Water Master Plan" and the
Water Treatment Alternative and Bench Scale Testing" which isbudgeted under this
Agreement. Phase 2 includes the completion of a water treatment pilot study and a
preliminary treatment plant design. Each of these Phase 2 Tasks are optional in this
Agreement and will only be completed upon receipt of written authorization from the
OWNEK The OWNER has the option of ending the work with the completion of Phase
1 or authorizing additional Phase 2 work as detailed in this Scope of Work. The OWNER
may at anytime notify the ENGINEER in writing of authorization for additional work
described under Phase 2 and issue an Amendment to this Agreement and a Notice to
Proceed. The total compensation for the optional services shall be as setforth in the
Amendment.
PHASE 1
PART 1 - WATER MASTER PLAN
TASK 1:
Project Management/Administration
Manage HDR team
B. Develop project standards and records management
C. Communicate and coordinate with OWNER project manager
D. Provide written monthly summary progress reports
TASK 2:
Coordination, Data Collection, Planning
A. Me~ with Public Works/Pl~g staff 1. Review/discussion
2. Agree on project approach, protocols, and schedule
3. Model/CIP format/goals
B. Collect Available Cturent D~t~ from the OWNEI~
2.
3.
4.
5.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Service area zoninWland use maps and policies
Service area policies/agreements
Population information/growth forecasts/annexation plans
Number/typedocation of service connections
Water supply/day, ands by pres,mm zone for last 3 years (ADD,
MDD)
Comput~ model files/data
System inventory/age of waterlines
System maps (including node elevations)
Area base maps
System supply, pump, storage characteristics
Fh'e flow requirementsfISO rating
Water fights
Water quality data last 5 years
Telemetry/control systems
Maintenance/repair records
City of Woodburn
Phase 1 - Scope of Work
Exhibit A - 1 of 12
March 1, 1996
1OD
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
Operations plan/procedures
Organization/certification stares/training
Sampling procedures
Cross-connection control program
Standard construction specifications (To be included in Plan
Append)
Water rate histo~/stmcture
5 year expens~meome
Revenue sources
Available revenue sources
Current CIP, projects in process, planned projects
C. Tour Project Fadlities with Public Works staff
1. Xfisit key project supply, pump, storage, control facilities
2. Record operational concerns and problems
3. Discuss suggested improvementsfideas
4. Photograph facilitiea/record comments
D. Attend pre-plan meeting with City staff and state
Work Product: Summary of av,ailabl® cl~;a/information
(part of Plan C/mp~er 8)
TASK 3:
Planning Data Memorandum Using State Guidelines
(Formatted as Plan Chapters)
A. Planning Data Information (Plan Chapter 3)
2. Service Area Agreements
Service Area Chasacteristies
4. Service Area Policies
5. Zoning/Iamd U~e Map - 1 l"x 17" fold-out (Assumed to be
Available from Planning)
6. Population projections
7. Water Service Area Map - 11" x 17" fold-out (Assumed to be
Available from City)
B. Watex System Demands (Plan Chapter 4)
1. Exist~ system demands
2. Demand categories
3. ADD, MDD, and MID (including Fire)
4. Gallons per capita per day
5. System losses - if data available
6. Water conservation plan
a) Current program
b) Continuin$ pro,am
c) Program classification
d) Program outline
e) Program effects on demand
7. Projection methodology
8. Future demand projections
Oty of Woodbum
Phase I - Scope of Work
Exhibit A - 2 of' 12
March 1, 1996
IOD
TASK 4:
C. Existing System Inventory/Review (Plan Chapter 5)
1. Facilities description/condition
a) Sources of Supply
b) Supply facilities
c) Storage
d) Transmission and Distribution Piping
e) Control systems/procedures
2. Functional descriptions/relationships
3. Water System Maps - on 11" x 1T' single fold-out (base maps
assumed to be available fi'om the City)
a) Primary facilities
b) Interconnections
4. Recent and scheduled improvements
D. Firefiow (Plan Chapter 6)
1. Fire. flow standards referenced
2. Fireflow requirements
a) Rural
b) Residential
c) Commercial/Multi-family
d) Industrial
3. Firefiow requirements
a) Existing
b) Future
4. Hydrant standards
E. Performance and Design Criteria (Plan chapter 7)
1. Water quality parameters
2. Treatment issues (SDWA)
3. System demands
4. Pipe si~/ng parameters
5. Backup supply/systems
6. Fireflow storage
7. System des~ standards
Wo~ Product: Oraft Plannlnll O~t~ Memor~netum
F. Submit Planning Data Memorandum to City/state for r~¥iew/comment
G. Meet with the Planning Departmem St_aflto disoas~ Planning Data
Memorandum
H. Hold a workshop with the City Planning Comrdm'on to discuss and
review the Planning Data Memorandum (this workshop is budgeted
under Part 4)
I. Include comments/make agreed changes to be incorporated into draft
plan
Computer Model Setup Existing System
The OWNER's existing computer model will be updated us'rog OWNER
supplied WATSYS soRware, data files, and node map. The budget for this
task assumes significant OWNER involvement in data collection and model
'. 1OD
Oty of Woodburn
Phase 1 - Scope of Work
Exhibit A - 3 of 12
March 1, 1996
calibration. It is assumed that the model will be relatively shnple to update
and calibrate to the characteristics of the system.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
Review/confirm available model data
Add new information to the data files to make model current
Review model information with Public Works
Use demand data to update demands at system nodes
Debug and nm th~ model for existing conditions
Review results with the Public Works Department and determine
calibration needs
Develop cah~ation ~pecificafions - Submit specs to Public Works
Public Works to complete cah~oration tests
Test model/review output with Public Works
Work Products: Calibrated model of Existing System (to run on IBM
Pentlum compatible) and plot of Node~Pipe Network Map
TASK 5:
Water Supply Resources (Chapter 8)
A. Determine future supply needs
B. Identify existing and potential sources
C. Well Inventory and Capacity
D. Water Rights
E. Approximate quantifies of available water
F. List other potential water users
G. List existing water resource studies
I-L Discuss contamination potential
I. Treatment
1. Requirements
2. Alternatives
3. Potential Treatment Plant Sites
Work Product: Draft Ch$l~r 8 - W~ter Supply R~$ouree$
TASK 6:
Water Quality Assessment (Chapter 9)
& Water treatment - SDWA Compliance
1. Groundwater Disinfection Rule
2. Contaminants
3. Disinfection by-products
4. Coliform Rule
5. Lead/Copper Rule (Corrosion control compliance)
6. Sampling, testing requirements
Work Product: Draft Chapter 9 - Water Quality Assessment
TASK 7:
Storage (Chapter 10) and Distribution System (Chapter 11)
A. Storage (Chapter 10)
1. Storage criteria
2. Storage requirements
City of Woodburn
Phase 1 - Scope of Work
Exhibit A- 4 of 12
March 1, 1996
IOD
3. Potential storage sites
B. Distnqxfdon System (Chapter 11) (Water system base maps of existing
system provided by City)
1. Hydraulic Analysis
a) Methodology
b) Existing system - ADD, MDD, MID and selected (up to
4) key fires
e) Future (20 year) conditions (ADD, MDD, MID and 2
key fires)
d) Summarize results/defidencies
e) Run system with improvements
f) Summarize existing and improved flows/pressures
2. Water piping
a) Repair history summary
b) Line sizing
c) Line replacement priorities
3. Telemetry and control
a)Summary
b) Compliance with reporting r~mr' ements
4. Vulnerability Analysis
a) Seismic
b) Storage
c) Distribution System
Work Products: Draft Chapter 10 - Storage and Chapter 11 -
Distribution System
TASK $:
Capital Improvement Plan (Chapter 12) - Deficiencies and Proposed
Improvements
A. Summary of System Defideneies
1. Supply
2. Treatment
3. Storage
4. Transmission/distribution
5. Telemetry/control
6. Operations
B. Identification of Improvements
1. Improvement alternatives
a) Supply
b) Treatment
e) Storage
d) Transmission/distribution
e) Telemetry/control
f) Operations
2. ARemative analysis (cost estimate~seleetion)
a) Supply
b) Treatment
e) Storage
City of Woodbum
Phoebe 1 - Scope of Work
Exhibit A - 5 of 12
March 1, 1996
1OD
d) Transmission/distribution
e) Telemet~/control
f) Operations
3. Capit~l Improvement Phn M~p with CIP Project locations
will be drawn as a layer over the AutoCAD base map and be
bound in the plan
C. Pfioritization/S cheduling of Imp~ 1. Methodology
2. Table of projects in each zone by project type with most
3. Excel spreadsheet Capital Improvement Plan
a) Each year (first 5 years)
b) Each 5 years (next 15 years)
c) Project description
d) Project objective
e) 1996 cost
f) Scheduled year
g) Escalated cost
h) Planning period totals
Hold a workshop with the City Council to discuss the Master Plan
completed through Task 8. (this workshop is budgeted under Part 4)
Work Product: Draft Chapter 12 - Capital Improvement Plan
Do
TASK 9:
Financial Plan (Chapter 13)
A. Financial Status (5 year operating income/expenses)
B. Available and potential revenue sources
C. Funding allocation
D. Water rate impacts
Work Product: Draft Chapter 13 - Financial Plan
TASK 10: Operations Program (Chapter 14) (builds upon existing City
Operations Plan and Information)
A. Organization
1. Organization chart
2. Responsibilities
3. Certification
a) Affected positions/status
b) Means of professional ~rowth
System Operation and Control
1. System components
a) Normal component operation
b) Component relationship
e) Alternative operation modes -
2. Routine system operation
a) Start-up and shutdown procedures
b) Safety procedures
Bo
IOD
Oty of Woodburn
Phase 1 - Scope of Work
Exhibit A - 6 of 12
March 1, 1996
Work Product:
c) Record keeping and review
Preventive Maintenance Program
a) Type of maintenance required
b) Frequency of maintenaneefmspection
Equipment, Supplies, and Chemical Inventory
a) Equipment, supplies, and chemicals used by system
b) Service representatives for major components/chemicals
e) Reference manufacturer technical specifications
d) Stock of supplies and chemicals needed
Water Quality Monitoring (SDWA Compliance)
1. Routine procedures (builds upon existing City sampling plans)
a) Sample point location -
b) Point selection procedure
¢) Sampling personnel
d) Number of samples taken
e) Sampling frequency
f) Testing laboratory
(1) Test procedure
(2) Submittal forms
2. Violation procedures
a) MCi. listing
b) Violation action
(1) Changes in operation
(2) Notification procedures
(a) Sample notifications
(b) Newspaper/broadcast media
Emergency Response Program
1. Ranked Call-up list
2. Vulnerability analysis
3. Contingency plan
Cross-Connection Control Program
1. Authority
2. Department/personnel responsfole
3. Procedures
4. Description of information file
Chapter 14 - Opot~tions Pro, rem
TASK 11: State Environmental Checklist
The Enwr' onmental Checklist will be completed with the City of
Woodbum as the lead agency
TASK 12: Draft Plan
Executive Summary (Chapter 1) and Introduction (Chapter 2)
B. Assemble/proof draft plan
C. Hold workshop with City Planning Commission (this workshop is
budgeted under Part 4)
1OD
City of Woodburn
Phase 1 - Scope of Work
Exhibit A - 7 of 12
March l, 1996
D. Hold workshop with City Council (this workshop is budgeted under
Part 4)
E. Hold a Public Open House to solicit comments from the general public
(this Open House is budgeted under Part 4)
Work Product: 5 draft copies to City, $ copies to State for review
F. Meet with City staflTstate to go over dr~ plan comments to devdop
final plan
TASK 13:
Final Plan
A Make City/state review changes to draft plan
Work Products: 25 copies of final plan to City, 2 to state and 50
copies of Executive Summary to City
B. Issue final plan
Work Not Covered Under Part 1
The conversion of existing water system computer drawings into an AUTOCAD format is
not covered by this Agreement.
PART 2 - SYSTEM ANALYSIS AND WATER QUALITY REVIEW
IOD
Work Plan:
1. Review with City staff the existing water system and proposed treatment plant
operation with special emphasis on meeting the Safe Drinking Water Act regulations
to investigate how the system is currently operatin~ review the water supply needs of
the OWNER. develop the water quality goals of the treatment plants with regard to
disinfection, iron and manganese levels, and arsenic removal, and develop a basic
strategy for optimizing the use of available water resources while maintaining water
quality throu~mhout the system and meeting the Groundwater Disinfection Rule.
Review water quality issues, treatment goals, and available water quantifies
throughout the system. These characteristics would be compared to the City water
supply demands and transmission/distribution system characteristics to help determine
a "systems approach" to water treatment. This will allow the OWNER to evaluate
the impact and scheduling of disinfection and treatment of the wells located
throughout the City.
ENGINEER will review available water quality data from the City's wells from the
past 3 years to evaluate thc suitability of available treatment te~hnolosies for thc City
of Woodbum This review will give a preliminary indication of the feasibility of
utilizing biological treatment for iron and manganese removal as opposed to using
conventional chemical oxidation and filtration. This information will be used to screen
potential alternatives for Part 3.
4. Following this analysis, ENGINEER will meet with the City Staff to review findings of
the review and as a project team make final recommendations for Part 3. Pertinent
City qf Woodburn
Phase 1 - Scope of ~*brk
Exhibit A - 8 of 12
March 1, 1996
findings and recommendations will be coordinated with and incorporated into the
Water System Comprehensive Plan.
Assumptions:
1. This work will take place in parallel with and be coordinated with work associated
with the Water Master Plan.
2. The OW2xlER will compile and provide ENGINEER available system, water demands,
and waler quality data in a usable and legible form as a part of this work and the Water
Master Plan work.
3. City staffwill be available to meet and provide assistance in determining system
operational characteristics.
Work Products:
1. Meeting to discuss summary findings with City staff. Written work products will be
produced as part of the Water Master Plan.
PART 3 - ALTERNATIVE EVALUATION AND BENCti SCALE TESTING (HDR
WATER LABORATORY)
Work Plan:
1. Alternatives will be developed that will meet the requirements of the Groundwater
Disinfeaion Rule and the other Safe Drinking Water Act regulations as they apply to
the City of Woodbum. In all cases the goal of the selected alternative will be to meet
projected regulations for iron, manganese, arsenic, and groundwater disinfection.
The extent and number of alternatives recommended for further evaluation and
possibly bench scale testing will depend somewhat on the findings of Task 1 and input
from City staff. However, it is anticipated that four alternatives will be considered in
the evaluation and that two of the following alternatives for disinfection and treatment
may either be bench scale tested or recommended for pilot testing:
Disinfection:
· Chlorination (including on-site chlorine generation)
· Chloramines
· Ozone
· UV
Iron, manganese, and arsenic removal: · Biological treatment - (Will not be bench scale tested)
· Ozone oxidation and filtration
· Chlorination and sequestering
· Chlorination, KMnO, oxidation and filtration
· KMn04 oxidation and filtration
To fully evaluate each selected alternative, treatment feasibility and preliminary cost
estimate~ for those treatment technologies will be completed. It may be that one or
more of these alternatives could be eliminated due to economic considerations.
Cia.' of Woo&urn
Pha.~e 1 - Sco..e of Work
Exhibit A - 9 of 12
March 1, 1996
',1OD'
During the evaluation process, ENGINEER will regularly communicate with the
OWNER to keep City staff informed of the advantages and disadvantages of each
alternative. This team approach will allow ENGINEER and OWNER to reach a
consensus on the recommendations and conclusions developed during this process.
Assumptions:
1~ No other water sources such as additional wells or surface water will be part of this
evaluation.
2 Additional work in this task will be based on the initial findings and information
developed in the Water Master Plan with regard to wellhead treatment versus a
centralized treatment plant.
Work Product:
~ A letter report summarizing the findings of the alternative evaluation and bench scale
testing. ENGINEER will meet with the OWNER to discussthe findings and select a
technology for pilot testing. The report will recommend at least one treatment
technology for pilot testing. The Oregon Health Department will be consulted during
the evaluation process regarding the proposed treatment technology.
P.4A~,T 4 - WORKSHOPS AND MEETINGS
Work Plan:
~. During the course of the work as designated above, workshOps and public meetings
will be conducted to review the progress and direction of the plan.
Two (2) workshops will be held with the City Planning Commission during the
Project. These workshops will be to provide information on the progress of the work,
to review the information collected, to discuss the decisions made, and to solicit
comments and direction from the Planning Commission.
Two (2) workshops will be held with the City Council during the Project. These
workshops will be to provide information on the progress of the work, to review the
information collected, to review the alternatives and costs being considered, to discuss
the decisions made, and to solicit comments and direction from the City Council.
One (1) Public Open House will be conducted aider the completion of the Draft Master
Plan. This Open House will be to present the drai~ plan to the general public to allow
them to provide comment to the City regarding the plan.
Assumptions:
1. City Staff will organize and publicize aH workshops and the Public Open House.
£ City Staff will participate in the workshops and the Public Open House.
~ All meetings will be held in Woodburn.
Work Product:
I. The work product for this Part will be the meetings.
1OD
City of V~oodb urn
Pi~ase 1 - Scope of Work
Exhibit A - 10 of 12
March 1, 1996
PHASE 2- WATER TREATMENT ALTERNATIVE VALUATION AND PILOT
STraY (OPTIONAL)
The following Phase 2 tasks are preliminary versions of task elements to illustrate the
nature of the anticipated work. Final task descriptions would be developed with the
preparation of the Amendment to this Agreement and with authorization of the OWNER.
Phase 2 builds upon and is complimentary to work completed in the Phase 1 Water Master
Plan and Water Treatment Evaluation. Using the information gathered during the Phase 1
evaluation a pilot study will be developed and completed. Following completion of the
pilot work, preliminary water treatment plant design documents will be developed for the
City.
Phase 2 (OotionaB
Task I - Pilot Testing and Report
Task 2 - System Pre-Design and Engineering Report
Task 1 - Pilot Testing and Report
Based on the findings from Phase 1, a pilot study will be conducted. ENGINEER will
work with City staff to design, assemble, set up, and operate the pilot unit. It is expected
that an existing HDR pilot unit could be modified to be used as part of the pilot testing. It
is recommended that City staff work closely with ENGINEER during the pilot testing
phase of this study to familiarize themselves with the process. HDR engineers will provide
City staff with training on the operation ~nd maintenance of the pilot plant. The City role
in operating and maintaining the pilot depends upon staff availability and budgets. HDR
engineers are available to collect data and operate the pilot plant, however to reduce costs
to the City, it may be desirable for City staff to provide assistance. Operating the pilot
plant during the pilot study also familiarizes City personnel with the treatment process
prior to construction of the full-scale plant. Depending upon the process selected, the
pilot testing could take from 1 to 6 months to complete.
During pilot testing, raw and treated water samples will be taken and water quality
characteristics will be determined by field and laboratory testing. The Oregon Health
Department will be encouraged to visit the pilot plant to review the process and provide
comments. ENGINEER will work with the State during the pilot study to expedite the
approval process. A report will be prepared detailing the pilot study results and
recommendations. This report will be submitted to the State of Oregon for review and
approve
Task 3 - gystem Pre-Design and Engineering Report
Based upon the pilot test results and the alternative analysis, ENGINEER will work with
City Staff to develop pre-design drawings and design criteria for a water treatment system
for the City's wells. This system will have the objective of meeting all current and
projected drinking water regulations.
IOD
City of W~odburn
Phase 1 - Scope of Work
Exhibit A - 11 of 12
March 1, 1996
Preliminary site plans will be developed as a part of the Pre-design to identify any property
acquisition or easement issues that may exist. Pr 'eluninary plant layouts and building
requirements will be investigated. The feasibility of combined treatment of two or more of
the wells will be considered. This would include preliminary raw water transmission
pipelines and pumping requirements.
A constmctability review will be done by HDR staff not directly working on the project to
independently determine the construction issues for each selected alternative. This review
will identify possible cost savings and avoid unnecessary construction problems.
An Engineering Report will be develOped itemizing all of the alternatives considered, the
cost estimates, and any other issues that were considered during the selection of the
treatment alternative. A set of documents will be provided to the City Engineer and the
State for review. Comments will be incorporated into the final documents which will be
prepared for the purpose of approval of the treatment facilities.
SCHEDULE
The proposed schedule for Phase 1 is shown on the attached Gantt chart.
1OD
City of Woodburn
Phase 1 - Scope of Work
Exhibit A - 12 of 12
March 1, 1996
· I'.OD
City of Woodburn
Phase I Schedule
~Am~ 18J25J 3 . .
~ ~fl PDM
~ ~m~ Wo~ ."
Wa~r ~ R~
:
P~ 3 - ~ E~
Water T~ R~ ~ ~
EXHIBIT B 1OD
HDR ENGINEERING
Project Rate Sheet
Client: Woodburn Oregon
Project: Water Master Plan and Treatment Evaluation
Printed: 01 -Mar-96
Project Number: 08307-001-102
Start Date 31-Mar-96
End Date 31-Dec-96
Resource Description
Project Manager
Project Principal
Water Lab Director
Senior Project Engineer
Project Engineer
Computer Model Engineer
Junior Project Engineer
Lab Technician
Cad Technician
Administrative Staff
Word Processing
QA/QC Reviewers
1996 Hourly Rate
$ 97.50
$ 189.80
$ 137.10
$ 113.70
$ 85.90
$ 63.00
$ 57.00
$ 48.00
$ 57.00
$ 45.00
$ 43.50
$ 127.50
Reimbursable
Direct Expense
90 Outside Consultants
91 Miscellaneous Expenses
92 Travel Expenses
93 Mapping/Photos/Surveys
95 Printing and Photocopying
96 Telephone/Fax
97 HDR/Centerra Computers
98 Income From Drawings and Specs' (Credit)
99 Outside Computer
Actual Charge plus 10%
Actual Charge plus 10%
Actual Charges / Mileage is $0.31
Actual Charge plus 10%
$0.10 per copy in house/or Actual Printers Charge plus 10%
Actual Charge plus 10%/Faxes $0.25 per sheet
Engineering: $10.00 per hour
Drafting: $15.00 per hour
Actual Income is
Actual Charge plus 10%
Project Manager Date
HDR Engineering, Inc.
Terms and Conditions of Engineering Services
IOD
1. STANDARD OF ~
All of ENGINEER'I ~ raider this Agreement will be
performed in · ~ and prudent rrmnner in
covered by ENGI~$ ~ m.~bject to the limit~m
of liability contained in Seclio~ 17. If requested by OWNER,
mimbur~d by OWNER ~d m k~ur~nce i~ r~3f~Y
av~lable from ~ ~ m ENGINEE~
3. OPml(X~ OF PROBAm~ COST
(COST ESTIMATEG!
pr, oj3~J~ bld~ ~'J ~ ~ ,CO~'L~ ~ will
pmplms.
Anemdingly, ENGInEeR ~i am comml or h~ve ctm~ge of,
method~ tm:tmk:lue~, ~m~uenoe~ pm~dure~ of
5. CONTROLLING LAW
Thi~ Agreement ;- m be gov~ned by ~ I~w of the i,;~
where ENGINE~ ~ ~ performed.
OWI~I=I-i~ ~ AND 11~-OI~4ATION
OWNER w111 provide M cdtm~ mtcl information perlnining
to OWNER's req~imn~n~ ~ ~e Projeot, including dedgn
ob~ .nd con~'nims. ,p~oe. ~ ~d
,~3ecific~fions, or b~andm'd Bidding Documents which
OWNER will furnish the sen,'~ of soils/geotechnical
engim o~ other consultants ~t include reporl~ ~nd
Koprol~ pro~nal reoommendal~ons when such
The OYVNER ~gree~ to be~r full responsibility for the
technic~ ~ccuracy and content of OWNEl~fumished
documents and m.
The OWNER or OWNER's representative will examine all
indies, reports, ~ketche~, drawings, q3eci~c;~on~,
pro~<~ nnd omer doc~'~em~ prep,md by ENGINEER.
$x~mim, ~ rentier to ENGINEER, in writing, dl~lm
deb~y the sefv~ of ENGINEER.
their pm'tn~m, suooe~om, a~igns, and legal
oth~.
9. 'TERMINATION OF AGREEMENT
OWNER o~ ENGINEER n~y termin.~ the Agreement, in
whole or in I~ ~ giving ~
effective ~ of termination. An equitable adjustment shall
(2/93)
liso be ~ to provide fo~ termination settlement costs
ENGII,,~ incurs as a result of commitment~ 'ltmt had
b, ecome fln'n before te~on, and for a reasonable profit
lO. s~
II ~n¥ ;m3vi-~m of ~ agreement is held invalid or
unerdm:~ble, the remaining provisions shall be v~id and
bimflr~ u~ the pattie& One or more wMvem by elthm'
~ ~ OWNER will make prompt payments in
~ to ENGINEER's invoioes.
13. CoI~rlIOI. LING A~RE~IENT
14. EQUAl. EMPLOYMENT AND NONDISCRIMINATION
In ommeclion with the services under this Agreement,
ENGINEER ~gree~ to comply with the Koplicable
Opporlunity, ~nd other employment, statutes and
15. HAZARDOU~ SUBSTANCE INDEMNIRCATION
~ incJucling, but not limited, m ~e ~ of
rqxxt~, ~ dmwtng~ and epe~ mleted m
asbestos, or relating m e~e m~u~l, alleged or thre~ened
dimmge, di.pemd, reeease or m,=~e of po,utmm
Irrl~nt or oordambmnt, including m'noke, v~po~, mx~t,
ENG~NEEn or ENG~NEE~ ~ re~ommy ~ m
ol~ain lud~ ooverage. Acc~, to the furl IxtmR
e~oem~ and co~ts, including but not limited to a~tomeY's
operm~oe of the property or fanaity, ~ in .nyw~y reline to
em~pe of poaumms m m~m=, or ~i) ~dse out of, or
r.eult from. oona'itlons ex~ng rathe project site.
17. LIMffATION OF LIABILITY
ENGINEER'~ ~,:~: Ii~:dlity to OWNER for m~y Imm m
dm~ge, inoluding but not limimd to ~ ~
mlemee ~ holcl~ hmrnle~ ENGINEER from any li~bility
1OD
2 (2/93)
10E
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator
Public Works Program Manager
Agreement to Lease Space on Water Towers
March 18, 1996
RECOMMENDATION;
Approve the attached resolution entering into an agreement with Sprint Spectrum
Limited Partnership (SSLP) for lease of space on city water towers for placement of
antennas.
BACKGROUND:
The city was recently presented a proposal to use city water towers for the placement
of communication antennas to be utilized for next generation cellular phone
communications. There would be 12 flat panel antennas mounted on the railings of
the tower in three four panel sectors. There would also be a small equipment pad
located under the larger of the two towers. The company conducted tests on the
suitability of the towers as a site for these antennas the week of March 11, 1996.
As reported to council at the March 11, 1996 meeting a fee has been negotiated over
the term of the proposed lease that would be sufficient to pay for repainting of the
tower on a 10 year cycle. This would relieve the water fund from this expense.
Utilization of lease revenue for maintenance of the tower is appropriate.
The city attorney has recommended that a change be made to the term provision of
the agreement that allows the city, owner in agreement, to terminate the agreement
prior to the end of each term. This change has not been presented to SSLP and it is
not known if it will be agreeable to them.
COUNCIL BILL NO.
RESOLUTION NO.
1700
IOE
A RESOLUTION ENTERING INTO AN AGREEMENT WITH SPRINT SPECTRUM LIMITED
PARTNERSHIP TO LEASE SPACE ON CITY WATER TOWER STRUCTURES AND
AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT.
WHEREAS, Sprint Spectrum L.P. has negotiated an agreement to lease space on city
water tower structures for placement of antenna, and
WHEREAS, the city has determined that it is advantageous and proper to lease space
on the water tower structures; NOw THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into a lease agreement with Sprint
Spectrum Limited Partnership to lease space on city water tower structures. Said
agreement is attached hereto and by this reference incorporated herein.
Section 2.
agreement on behalf of the city.
Approved as to form:d~/~/'~ City Attomey
That the Mayor of the City of Woodburn is authorized to sign said
Date
APPROVED:
Nancy A. Kirksey, Mayor
Passed by the Council
Submitted to the Mayor
Al~l~roved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 -
COUNCIL BILL NO.
RESOLUTION NO.
PCS SITE AGREEMENT
Version 2.0
Site Name: WOODBURN
Site I. D.: 077A: POR.014.15.
1. Pramiee~ and Use. Owner leases to Sprint Spectrum L.P., a Delaware limited
parme~hip ("SSLP*), ~e s~te o~,cribe~ beiow:
[c~ck ap~o~fa
[] Real prol~rty consLstr,g of approximately __ square feet of land;
[] Building interi~ ~ consisting of approximately __ square feet;
O Building e~derior _~e_~ for attachment of antennas;
I~ Building exterior space for placement of base station equipment;
[] Tower antenna space
E~ Space required for ~ runs to connect PCS equipment and antennas,
in ~e location(s) ('Site'~ shown on Exhibit A, together with a ~ easement for
re_a__~c~a_ bie access ~ and to the appropriate, in the discretion of SSLP, seurce of
removing, replacing, ma~-'.=ining and operating, at its expense, a pemonsl communications
r~ums. SSLP will use ~ Site in a manner which will not unreasonably disturb the
2. Term. The te~n of ths Agreement (the 'Initial Term') is five years, commencing on the
date ('Commencemenl Date') SSLP signs this Agreement. This Agreement will be
automatically ~nawed ~' three additional terms (each a 'Renewal Term') of five years
se~, uniess41~l~! prov=es~notice of intention not to renew not less than 90 days
prior to the expiration of .'e Initial Term or any Renewal Tern%
3. Rent. Re~t in ~ am;'unt of $12,000.00 will be paid annually beginning the earlier of (a)
of the PCS, or (b) the first day of the month tollo~ng commencement of physical
preparation of the Site Thereafter, the annual rent will be paid aa or before each
anoive~ary of the Com-encement Date, partial years to be prorated. In the event that
another teiecommunica[c~-~ career nnllocates on the Site, SSLP's rent will be reduced by
twenty five percent
4. Title and Quiet Po~e~ston. Owner represents and agrees (a) that it is the Owner of
the Site; (b} that it has the nght to enter into this Agreement; (c) that the pemon algning this
Agreement has the aut/~ity to sign; (d) that SSLP is entitled to a__n'~___ to the Site at all
times and to the quiet pos~,sion of the Site throughout the Initial Term and each Renewal
Te~m se long as SSLP ,s not in default beyond the expiration of any cum pa~=d; and
(e) that Owfter shall not ~ unsubervis~d acc~s~ to the Si~ of to the ~ ~
5. A~stgnment/Subfal~i~g. SSLP will not assign of transfm' this Agraeme~ of sublet all of
any podJoa of the Site aY4',3ot the prior w~ten consent of Owner, which ¢oneent will not be
sublet wilt~3ut Owner's ~ written consent to any pafly controlling, ccmtrofled by of under
comm~3 control with SS.P or to any party which acquires substantially all of the =___e~-~s_ of
SSLP.
6. Notices. All notices ~ust be in wnting and are effective when deposited in the U.S.
mail, certified and posters prepaid, or when sent via overnight delivery, to the address set
forth below, or as otherwse provided by law.
?. Improvements. SSLF may, at its expanse, make such improvements on the Site as it
and data communications. Owner agrees to cooparate with SSLP with ~ to ol3talning
any required zoning ap~3'ovals for the Site and such improvements. Upon temlinatJon or
expiration of this Agreement, SSLP may remove its equipment and imlxovame~ and
restore the Site to the ccm:lition existing on the Commencement Date, ~ fof ordinary
wear and tear.
8. Cornpifance with t.m~. Owner represents that Owner's properly (including the Site),
aM all i/~l~rovements ocated th~l'eo~rl, al'~ in ~.lb~tall~al co~p~-~c~ ~ b~ik:llllg,
life/safe{y, (:lisability ano other laws, codes and regulations of al~otical~ governmental
authorit~s. SSLP will sut~stanfially comply with all applicable ~ r~lating to its
possession and use of the Site.
9, Interference. SSLP a'll resolve technical interference problems ~ oilier equipment
located at b~e Site on th~ Commencement Date or any equipment that beccxaes attached
to the Site at any future =ate when SSLP desires to add additional equipment to the Site.
Likewise, O~ner will n~ ;3ermit the installation of any futura equipment which results in
technical interfe, rence proc, terns with SSLP's then existing equipment.
10. Utilities. Owner ,~,-=sents that u~dlities adequate for SSLP's use of the Site am
available. SSLP will pa~ ~3r all utilities used by it at the Site. Ownel' will coo{:~s~ with
SSLP in SSLP's effor~ = obtain utilities from any location provided by Owner of the
servicing utility.
* either party
11. Termination. SSLP may terminate this Agreement at any time by notice to Owner
without further liability if SSLP does not obtain all permits or other approvals (collectively,
'approval') required from any governmental authority of any easements required from any
third pan'y to operate the PCS system, or if any such aplxoval is canceled, expires or is
withdrawn or terminated, or if Owner fails to have proper owne~hip of the Site or authority
to enter into this AgreemenL or if SSLP, for any other reason, in its sole discretion.
determines that it will be unable to use the Site for its intended purpose. Upon terminafio~,
all prepaid rent shall be retained by Owner.
12. Default. If either party is in default under this Agreement for a parlod of (a) 10 days
remedies available to it against the defaulting party under apfltiuabie law, including, but not
limited to, the dght to ten. hate this Agreement. If the non-monetary default may not
reasonably be cured wi~in a 30 day period, this Agreement may not be terminated if the
defaurdng party commences action to cure the default within such 30 day pariod and
proceeds with due diligence to fully cure the default.
13. Indemnity. Owner and SSLP each indemnifies the other against and holds the other
harmless from any and all costs (including reasonable attorneys fees) and claims of
liability of loss which arise out of the use and/or o¢cupanoy of the Site by the indemnifying
party. This indemnity does not apply to any claims arising from the seie negligence of
14. Hazardoua Subetencea. Owner represents that it has no knowledge of any
substance, chemical or waste (collec0vely, 'substance') on the Site that is idant~ed as
hazardous, toxic or dangerous in any applicable federal, state of local law of regulation.
SSLP shall not introduce of use any such substance on the Site in violation of any
applicable law.
15. Subordinattoa and Non-Disturbance. This Agreement is subordinate to any
mortgage or deed of trust now of record against the Site. However, promp~ after this
financial lisbillty or administrative expense.
16. Ml~.sttaneou~. (a) This Agreement applies to and binds the heirs, succeseom,
executors, administrators and assigns of the parties to this Agreement; (b) This
Agreement is governed by the laws of the State in which the Site is located; (c) If
requested by SSLP, Owner agrees promp~ to execute and deliver to SSLP a recordable
Memorandum of this Agreement in the form of Exhibit B; (d) "[his Agreement (including the
Exhibits) constitutes the entire agreement between the parties and supersedes all priof
wdttan and ved:~al agreements, r~entations, promises or undemfandings between the
parties. Any amendments to this Agreement must be in writing and executed by both
partias; (e) If any provision of this Agreement is invalid of unertforoeabie with respect to
any party, the remainde~ of this Agreement or the appllcetton of such provision to persons
oti~r than those as to whom it is held invalid of unenforceable, ~1 not be affected and
each provision of this Agreement will be valid and enfo~e__~__hle to the fullest extent
permitted by law;, and (f) The prevailing paffy in any action or proceeding in court or
mutually agreed upon arbitration proceeding to enforce the terms of this Agreement is
entitled to receive its reasonable attorney=' fees and other reesonabie enforcement costs
and expenses from the non-prevailing party.
The following Exhibits are atfac~ed to and made a part of this A~reement: Exhibit A, B and
C.
OWNER: CITY OF WOODBURN, a municil~al corporation ~f ~he State of Oregon
By:.
Its: NANCY A. KIRKSEY, MAYOR, CITY OF WOODBURN
S.S./Tax No.:
Address: 106 Broadway, Woodbum, OR 97071
Date:
SPRINT SPECTRUM L.P., a Delaware limited partherahip
By:.
Its:
Address: 7770 S.W. Mohawk, Bldg. 'F', Tualatin, OR 97062
Date:
g:~portland\leasing~s~77a\woodburn~csagsht.doc 1 3/14t96 8:12 AM
~/ersion Z;O
Site Name: WOODBURN
EXHIBIT A*
Site Description
12'18-95
IOE
Site I. D.: 077A: POR.014.1S.3.4
Site situated in the City of Woodbum, County of Marion, State of Oregon commonly described as follows:
106 Broadway
Legal Description:
25.BsB~nning at the northwest corner of Lot 1, Block 8 in said Woodbum Packing Company's Addition; thence North 19000, West
feet to a point; thence South 41015, West 87.60 feet to a point, distant 30 feet North 4t° 15', East from the southwes~
line of sa. id Block 6 as s. hown o.n. the duly recorded plat of Woodb. um Packing Company's Addition; thence Southeasterly on
a curve to the right having a raaius of 241.97 feet (tangent to saia curve at last mentioned point bears South 78019'39" East
24.29 feet) an arc distance of 24.30 feet to a point; thence North 41015' East 64.28 feet to the point of beginning, containing
an arc of 1643 square feet, more or less.
Sketch of Site:
WOODBURN
Owner Initials
SSLP Initials
Note: Owner and SSLP may, at SSLP's option, replace this Exhibit with an exhibit setting forth the legal description of the property on which the Site is
located and/or an as-built drawing depicting the Site.
*[Use this Exhibit A for PCS Site Agreement, Memorandum of PCS Site Agreement, Option Agreement and Memorandum of Option Agreement.]
g:~portland~leasing~sp-077a\woodbum~csagsht.doc 2 3114196 8:12 AM
Version 2.0
Sit~ Name: WOODBURN
EXHIBIT B
PCS Site Agreement
Memorandum of PCS Site Agreement
IOE
12-18-9 5
Site I. D.: 077A: POR.014.15.3.4
This memorandum evidences that a lease was made and entered into by written PCS Site Agreement dated ,
19._, between CITY OF WOODBURN, a municipal corporation of the State of Oregon ('Owner') and Sprint Spectrum L.P., a
Delaware limited partnership ('SSLP'), the terms and conditions of which are incorporated herein by reference.
Such Agreement provides in part that Owner leases to SSLP a certain site ('Site') located at 106 Broadway, Ci[y ofVVoodlx~% Counbj of
Marion, Sta~e of Oregon, within the property of Owner which is described in Exhibit A attached hereto, with grant of easement for
unrestricted rights of access thereto and to electric and telephone facilities for a term of five (5) years commencing on
., 19.__, which term is subject to three (3) additional five (5) year extension pe~ods by SSLP.
IN VVITNESS VVHEREOF, the parties have executed this Memorandum as of the day and year first above written.
CITY OF VVOODBURN, a municipal
State of Oregon
By:
corporation of the
Name: NANCY A. KIRKSEY
Title: MAYOR, CITY OF WOODBURN
Address: 106 Broadway, Woodbum, OR 97071
"SSLP"
Sprint Spectrum L.P., a Delaware limited partnership
By:
Name:
T'~e:
Address: 7770 S.W. Mohawk, Bldg. 'F', Tualatin, OR 97062
Owner Initials
SSLP Initials
Attach Exhibit A - Site Description
g:~oortland~leasing~sp-O77a\woodbum~ocsagsht.doc 3 3/14196 8:12 AM
10F-G
MEMO
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Council through City Administrator
Community Development Director ~ ~ G
Housing Rehabilitation Program
March 22, 1996
As the council is aware the city was able to secure $300,000 in Community
Development Block Grant Funds to facilitate our Housing Rehabilitation program.
There are however specific documents that must be filed with the state that recognize
various HUD regulations.
Specifically there are two resolutions that need to be approved and submitted to the
Oregon Economic Development Department prior to securing grant funds.
Those resolutions are attached for your review.
1OF
COUNCIL BILL NO. 1701
RESOLUTION NO.
A RESOLUTION ADDRESSING FAIR HOUSING ASSISTANCE IN THE CITY OF
WOODBURN, AS REQUIRED BY THE OREGON COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM AND THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD).
WHEREAS, The City of Woodburn is a recipient of an Oregon Community
Development Housing Rehabilitation Grant for 1995-96, and
WHEREAS, discrimination in the sale, rental, lease, advertising of sale,
rental or lease, financing of housing or land to be used for construction of housing,
or in the provision of brokerage, rental services because of race, color, sex, disability
(physical or mental), familial status (children) or national origin is prohibited by Title
VIII of the federal Fair Housing Amendments Act of 1988, and
WHEREAS, it is the policy of the City of Woodburn to support the Fair
Housing Amendments Act of 1988 and to implement a Fair Housing Program to
ensure equal opportunity in housing for all persons, regardless of race, color, religion,
sex, disability (physical and mental), familial status (children) or national origin, and
WHEREAS, the Oregon Community Development Program and the United
States Department of Housing and Urban Development (HUD) require that this
resolution be adopted, NOW, THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That within the resources available to the City through city,
county, state, federal and community volunteer sources, the City will assist all
persons who feel they have been discriminated against because of race, color,
religion, disability (physical and mental), familial status (children) or national origin in
the process of filing a complaint with the Oregon Civil Rights Division or the U.S.
Department of Housing and Urban Development, Seattle Regional Office Compliance
Division, that they may seek equity under federal and state laws.
Section 2. That the City shall publicize this Resolution and through this
publicity shall cause real estate brokers and sellers, private home sellers, rental
owners, rental property managers, real estate and rental advertisers, lenders, builders,
developers, home buyers and home or apartment renters to become aware of their
respective responsibilities and rights under the Fair Housing Amendments Act of 1988
and any applicable state or local laws or ordinances.
Page I -
COUNCIL BILL NO
RESOLUTION NO.
1OF
Section 3. The Fair Housing Program, for the purpose of informing those
affected of their respective responsibilities and rights concerning Fair Housing Law and
complaint procedures, will at a minimum include, but not be limited to: 1 ) the printing,
publicizing and distribution of this Resolution; 2) the distribution of posters, flyers,
pamphlets and other applicable Fair Housing information provided by local, state and
federal sources, through local media of community contacts; and 3) the publicizing of
locations where assistance will be provided to those seeking to file a discrimination
complaint.Approved as to
City Attorney Date
APPROVED:
NANCY A. KIRKSEY, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
A'I-I'EST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 2-
COUNCIL BILL NO
RESOLUTION NO.
10G
COUNCIL BILL NO. 1702
RESOLUTION NO.
A RESOLUTION ADOPTING A RESIDENTIAL ANTI-DISPLACEMENT AND
RELOCATION ASSISTANCE PLAN PURSUANT TO THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974 AND AUTHORIZING THE MAYOR TO SIGN SAID PLAN
WHEREAS, The City of Woodburn is a recipient of an Oregon Community
Development Housing Rehabilitation Grant for 199§-96, and
WHEREAS, the Oregon Community Development Program and the United
States Department of Housing and Urban Development (HUD) require that this
resolution be passed adopting the attached Residential Anti-Displacement and
Relocation Assistance Plan and that the Mayor sign said plan, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn hereby adopts the Residential Anti-
Displacement and Relocation Assistance Plan attached hereto.
Section 2. That the Mayor is authorized to sign said plan on behalf of the
Approved as to form.'~~~ '~ ~(
City Attorney ate
APPROVED:
NANCY A. KIRKSEY, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page I -
COUNCIL BILL NO
RESOLUTION NO.
RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE
PLAN UNDER SECTION 104(D) OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED
The City of Woodburn (the "City") will replace all occupied and vacant Iow/moderate-
income dwelling units demolished or converted to a use other than as Iow/moderate-
income housing as a direct result of activities assisted with funds provided under the
Housing and Community Development Act of 1974, as amended, as described in 24
CFR 570.488(b).
All replacement housing will be provided within three years after the commencement
of the demolition or conversion. Before entering into a contract committing the City
to provide funds for an activity that will directly result in demolition or conversion, the
City will make public, by publication in a newspaper of general circulation, and submit
to the Oregon Economic Development Department the following information in
writing:
1. A description of the proposed assisted activity;
The location on a map and number of dwelling units by size (number of
bedrooms) that will be demolished or converted to a use other than as
Iow/moderate-income dwelling units as a direct result of the assisted activities;
A time schedule for the commencement and completion of the demolition or
conversion;
The location on a map and number of dwelling units by size (number of
bedrooms) that will be provided as replacement dwelling units. If such data are
not available at the time of the general submission, the City will identify the
general location on an area map and the approximate number of dwelling units
by size and provide information identifying the specific location and number of
dwelling units by size as soon as it is available;
The source of funding and e time schedule for the provision of replacement
dwelling units;
The basis for concluding that each rel lacement dwelling unit will remain a
Iow/moderate-income dwelling unit for at least 10 years from the date of initial
occupancy; and
Information demonstrating that any proposed replacement of dwelling units with
smaller dwelling units (e.g., a 2-bedroom unit with two 1-bedroom units) is
consistent with the housing needs of lower-income households in the
jurisdiction.
10G
lOG
The Community Development Department, (503) 982-5248, is responsible for
tracking the replacement of housing and ensuring that it is provided within the
required period.
The Community Development Department, (503) 982-5248, is responsible for
ensuring requirements are met for notification and provision of relocation assistance,
as described in 24 CFR 570.488(c)(2), to any lower-income person displaced by the
demolition of any dwelling unit or the conversion of a Iow/moderate-income dwelling
unit to another use in connection with an assisted activity.
Consistent with the goals and objectives of activities assisted under the Act, the City
will take necessary and appropriate steps to minimize the displacement of persons
from their homes.
Adopted by the City of Woodburn by Resolution of its City Council.
Date Nancy A. Kirksey, Mayor
1OH
City of Woodburn
Police Department
MEMORANDUM
270 Montgomery
Ken Wright// /
of 1996
Woodburn, Oregon 97071
(503) 982-2345
To:
Mayor and Council
C. Childs, City Administrator
Subject:
Liquor License Add Partner/Trade Name
Applicant:
OGA Properties, Inc., Member Club, Inc.
2990 N. Boones Ferry Rd., Woodbum, Or.
Type of License:
Add Partner:
Retail Malt Beverage (RMB)
Marmae, Inc. - (1) Maria Adney (2)Walter M. MacArthur
29270 S.W. Parkway Ct. #10
Wilsonville, Or. 97070
On February 2, 1996, the police department received application from OGA Properties, Inc.,
Members Club, Inc., to add partner to their liquor license.
A comprehensive background investigation was completed by the police department.
Applicant, OGA Properties, has been licensed by the Oregon Liquor Control Commission
and is requesting to add partner Marmac, Inc. Marmac (Adney/MacArthur) will be serving
liquor from a concession trailer at the Club House of the golf course. In the course of the
investigation it was found that neither Adney nor MacArthur haVe been licensed by OLCC
and no violations were found. No criminal history was found for either applicant. It was
found that Adney had traffic violations in Washington state that resulted in warrants being
issued for her arrest. The warrants were for traffic violations and expired in December
1993.
The liquor license questionnaire completed by Adney did not reveal all aliases used or traffic
violations committed by Adney. Upon completion of the investigation officers determined
that Adney is also known as; Kraus, Harding and Greene. When asked why she, Adney, did
not provide all other names used or traffic violation information, her response was that she
wanted the liquor investigation to go easier.
1OH
It would appear that Adney knew of the traffic warrants. By not revealing all other names
used and by not revealing all traffic violations, raises a question of veracity on the part of
applicant, Adney. Upon discussion with officers Adney admitted the traffic violations and
aka names used. On March 12, 1996 1 contacted Adney regarding the names and requested
that she obtain another Individual History Questionnaire from OLCC and provide me with a
amended form containing all names used. Adney did this and I have attached the amended
from to the investigation.
RECOMIVW~NDATION
Although Adney did not provide all names used, the investigation revealed no criminal
history for Adney or co-applicant MacArthur. There were no liquor violations or other
information revealed by the invesfigaton that would prohibit the applicants from obtaining
the requested license.
The City Council recommend the add partners to the OGA Properties, Inc./Members Club,
Inc. be approved.
cc applicants
olcc
~ Distribution: Records 1DH
OOeU..N POCTC
Tncident Report ._
96-000793 Connect ~ - -
LIQOUR LICENSE
Reported Date/Time: 02/05/96 !421 hfs
Occurred Date/Time: 02/05/96 i421 hrs to
Location: 2990 N BOONES FERRY RD
/ /
0000 hfs
WOODBURN
OR
SUHMARY
On 020596, Mr. Waiter 'MacArthur and Mrs. Maria Adney filed a liqour
license application for the "lgth Green" at the 2990 North Boones
Ferry Road. Mrs. Adeny is the current and proposed manager of the
business. The application is to sell retail malt beverages, add a
partner and to change the name of the business. I conducted a
background investigation.
Involved person:
MACARTHUR, WALTER MARLIN DOB: 04/24/35 Age: 60 WM
AKA: "MAC" Hgt: 6'04' Wgt: 199
Hair: Brown Eye: Hazel
29240 SW PARKWAY CT Apt 22 WILSONVILLE, OR 97070
Phone: (503)GSS-92G1 Type: Home
OLN: 2359284 (OR) SSN: 563-42-7080
Employer/School: (503)362-4126
Involved person:
ADNEY, MARIA CHARLOTTE DOB: 01/07/62 Age: 34 WF
AKA: HARDING & GREENE Hgt: 5'04" Wgt: 120
Hair: Blonde Eye: Brown
29270 SW PARKWAY CT Apt 70 WILSONUILLE, OR 97070
Phone: (503)685-9813 Type: Home
OLN: 6046932 (OR) SSN: 571-37-2110
Employer/School: "19TH GREEN AND SNACK BAR" (503)312-9663
2990 N BOONES FERRY RD Apt WOODBURN, OR 97071
HANAGER
Reporting Officer~1286 ~'~ctives:
;oa~o~t_~tpU~e/qDua[~d? 03/O~/~'gneA~P~o°V~ad~ro1 or
Follow-up Assigned To: Date:
Other:
Page
By:
C.M. Entry:
Involved person:
ADNEY, REID NORMAN
Hgt: 5'10" Wgt: 200
16688 HIGHWAY 99E
OLN: 1334734
96-004)793
DOB: 12/24/51 Age: 44 WM
Apt SP I WOOOBURN, OR 9ZOZ1
(OR)
Involved person:
HARDING, GLENN
UNKNOWN ADDRESS
WM
UNKNOWN, WA
1'OH
Business:
19TH GREEN
2990 N BOONES FERRY RD
WOODBURN, OR 97071
Business: MARMAC INC
29240 SW PARKWAY CT Apt 22 WILSONVILLE, OR 97070
Phone: (503)685-9261 Type: Business
Bus[ness:
OREGON GOLF ASSOC.PROPERTIES
2990 N BOONES FERRY RD WOODBURN, OR 97071
Bus[ness:
MEMBERS CLUB INC
2990 N BOONES FERRY RD
WOODBURN, OR 97071
Bus[ness:
PACE INVEST.ENTERPRISES INC
1685 LANCASTER DRIVE NE SALEM, OR 97301
Bus[ness:
OREGON L[QOUR CONTROL COMM.
213 MADRONA ST SE SALEM, OR
Phone: (503)378-4871 Type: Business
JANICE FORBES
Reporting Officer: C.A. CUNNINGHAM ~21286 Page 2
SECRETARY OF STATE
AKA: CORPORATIONS DIVISION
158 TWELVETH ST NE SALEH, OR 97310
Phone: (503)986-2200 Type: Business
Business:
BETTER BUSINESS BUREAU
PORTLAND, OR
Phone: (503)226-3981 Type: Business'
96-000793
1OH
Bus~ness:
OREGON DEPT. OF TRANSPORTATION
AKA: MOTOR VEHICLES DIVISION
SALEM, OR
Phone: (503)945-5098 Type: Business
Bus£ness:
CALIFORNIA DEPT OF MOTOR VEH.
SACRAMENTO, CA
Phone: (916)657-7827 Type: Buslness
Bus,ness:
CLARK COUNTY DISTRICT COURT
1200 FRANKLIN UANCOUUER, WA 98666
Phone: (360)699-2414 Type: Business
Business:
CLARK COUNTY SHERIFF'S OFFICE
VANCOUVER, WA
Phone: (360)699-2229 Type: Business
Bus,ness:
WASHINGTON LIQOUR CONTROL COMM
OLYMPIA, WA
Phone: (360)753-6262 Type: Business
Reporting Officer: C.A. CUNNINGHAH ~21286 Page 3
~6-0007~3
· 1'OH
BACKGROUND INVESTIGATION:
MACRRTHUR, WALTER MARLIN
1. Criminal History:
No criminal history was located for a. flacArthur.
Operator License Status:
W. MacArthur has a valid Oregon Operator's license and shows
two entries for motor vehicles collisions and no entries for
violations. The two motor vehicle collisions were both in
1989 and the case reports were destroyed by Oregon
Department of Motor Vehicles Division.
AONEY, MARIA CHARLOTTE
1. Criminal History:
No criminal history was located for H. Adney.
Operator License Status:
Under the name Maria Harding she had a California Operator's
license, wlth an allas of Maria Greene. The California
license shows it was surrendered by subject to Washington.
In Washington under using the name of M. Greene her license
is driving while suspended/revoked for failure to pay fines.
The Washington license shows that the license was
surrendered to Oregon. Under the name of Haria C. Greene
her Oregon Operator's license is suspended for failure to
furnish proof of financial liability. M. ~dney under that
name in Oregon has a valid Oregon Operator's license. I
located no entries for motor vehicle .collisions on any of M.
Adney's licenses and one entry for violations in Washington.
M. Rdney was cited in Washington for following to close,
driving uninsured and no valid operators license.
AONEY, REIO NORMAN
1. Criminal History:
NO criminal history was located for R. Adney.
2. Operator License Status:
R. Adney has a valid Oregon Operator's 11cense and shows one
entry for a PUC violation and no entrles for motor vehicle
collisions.
CORPORATION COMMISSION:
Reporting Officer: C.A. CUNNINGHAM ~21286
Page 4
W. MacArthur is listed as the President of the Pace
Investment Corporation.
W. MacArthur is listed as the President of the MarMac
Corporation. M. Adney is listed as the Vice President and
Secretary of MarMac Corporation.
96-000793
1OH
BETTER BUSINESS BUREAU:
1. No listings or complaints against Pace Investment
Corporation.
2. No listings or complaints against MarMac Corporation.
OREGON DEPARTMENT OF JUSTICE-FINANCIAL/CONSUHER FRAUD:
1. No listings or complaints against Pace Investment
Corporation.
2. No listings or complaints against MarMac Corporation.
OREGON LIGUOR CONTROL COHMISSION:
1. No listings or complaints against W. MacArthur.
2. No listings or complaints against M. Adney/M. Greene/M.
Harding.
3. No listings or complaints against 19th Green's temporary
service liquor license.
WASHINGTON LIOUOR CONTROL COMMISSION:
1. No listings or violations against W. MacArthur, or the
business BB~ Pete's as the records are destroyed after seven
years.
RECORDS SCAN FOR INVOLVED PERSON(S) AND BUSINESS:
I did a records scan on the business 19th Green for the
calendar year 19~ to date. I located no calls for service
at the business during that time period.
I did a records scan for W. MacArthur for the calendar year
1990 to date. I located on incident that occurred in Salem,
Oregon. W. HacArthur is listed in the case as the
Reporting Officer: C.A. CUNNINGHAM ~21286 Page 5
complainant. The £ncident is a business burglary at one of
his Midas Muffler Shops (Salem Police Department Case number
94-0[2646).
I did a records scan for M. Adney for the calendar year 1990
to date. [ located no incidents for H. Adney.
96-000793
1.OH
I did a records scan for R. Adney for the calendar year 1990
to date. I located one incident that occurred in Woodburn in
1990. R. Adney was a witness in a vandalism (Woodburn :olice
Department case number 90-4916). ·
RECORDS SCAN:
I dld a records scan for the grid area surrounding the
business for the calendar year 1995 to date. I locateo 5
total of elght (8) incidents. One (1) lncident was a 11quor
11cense application for the business's temporary service
11cense (Woodburn Pollce Department case number 95-550~. The
other seven (7) incidents were suspicious incidents,
involving vehicles and persons. I have attached a prin~ out
of the l£sted incidents.
SUMMARY:
On 030496, I completed a background investigation for a
liquor license for the business, '19th Green" The liquor license
is a to sell fetal1 malt beverages, change the business name and
to add a partner. The business ls located at 29g0 North Boones
Ferry Road. The buslness was known as 'Buffer's".
The business will sell only malt beverages in bottles or
aluminum cans. No other alcoholic beverages will be sold. The
business will also sell food, but I ~as advised by M. Adney that
food will not have to be purChased, before any malt beverages
would be sold.
The buslness is currently located in a concession traiier
that ls leased from Pace Investment Corporation to MarMac
Corporation. ~arMac Corporation ls renting the traller to the
"[gth Green". The trailer is located adjacent to the Oregon Golf
Association Pro Shop/Club House. M. Rdney advised that the
concession tra£1er ts a temporary locat£on, unt£1 a building can
be built at s0metime in the future.
I contacted ~. MacArthur he advised that M. Adney is the
manager of the "zgth Green". W. MacArthur advised that his
business is Pace Investment Corporation, which consists of
several Midas Muffler Shops located in the Valley area. ~.
MacArthur advised that MarMac corporat£on owns "~gth Green".
I contacted M. Adney and she advised she is always on-site
at the business and that she ls the sole employee at this time.
~. Adney advised when the business is in operation she will be
Reporting Officer: C.A. CUNNINGHAH ~21286 Page 6
· On-sit&. M. Adney advised that she has a cellular telephone at
the business and Mould call the Police if any problems with any
patrons developed.
During the background investigation of W. MacArthur, the
Pace Investment Corporation and MarMac Corporation, nothing was
located to establish a basis for a negative recommendation.
During the background investigation of R. Adney, nothing Mas
located to establish a negative basis for recommendation.
During the background investigation of H. Adney, I located
several omissions of a significant nature. On the O.L.C.C.
application form that H. Adney completed she did not list the
other last name of "Harding" that she used. M. Adney al~o stated
on her application for question eight (8) that she had never been
convicted of any infraction or violation of laM, to include
traffic violatlons for a fine or bai[ of over e$50.00.
I located an allas name of Harding used by H. Adney is
California on her California Operator's License. M. Adney advlsee
she was engaged to be married to a person named Glenn Hardlng in
California. M. Adney advlsed that she was about to get married
and she changed her name to "Harding" with California Department
of Motor Yehicles. I contacted California Department of Motor
Uehlcles and I was advlsed that it was common to allow persons to
change their names if they were going to get muffled, no copy of
a marriage 11cense Mas required.
I also located a Washington Operator's License for M. Adney,
under the name if M. Greene. ~. ~dney was involved in a motor
vehicle collision and was cited by the Clark County Sheriff's
Offlce for folloMlng to close, drlving uninsured and no valld
operator's license on July 7, ~99! (Clark County Sheriff Office
case number S91-10544 which is attached). ~. ~dney appeared in
Clark County Blstrict Court on December 5, lg91 on the charges.
~. Adney pled gullty to all charges and she was fined e$50.00 for
folloMing to close, a$~25.00 for driving.uninsured and a$330.00
for fail to acquire a Washington Operators License. ~. Adney did
not maintaln the payment schedule and after numerous delinquent
notices were sent, the Clark County Oistrict Court, on September
25, 1993 issued a warrant for M. ~dney failure to pay fines. On
September 23, 19~5 the warrant expired and case was turned over
to a collection agency. I have attached copies of the Clark
County Oistrlct Court docket.
I located a Oregon Operator License using M. Adney's alias
of H. Greene. The Operator's License was suspended for failure tc
furnish proof of financ£al l£ab£1ity. I contacted the Oregon
Department of Motor Vehicles Division and they advised that N.
Greene had a vanity 11cense plate issued by the Oregon Department
of Motor Vehlcles of "ZUNIO". Rn 5R ZZ form Mas sent to M. Greene
last address, but nothlng was returned and a suspension was
implemented. A record check with Oregon Department of Motor
Vehicles shows that that vanity plate "2UNIa" is now registered
to M. ~dney. However, at that tlme M. Adney's Operator Llcense
was not jolned with the license under M. Greene.
96-000793
1OH
Reporting Officer: C.A. CUNNINGHAM ~21286 Page 7
96-000793
On February 22, 1996 I contacted H. Adney and she advised
that she everything on her O.L.C.C. application was true. Present
at the meeting was Janice Forbes of O.L.C.C. I asked H. Adney
specificaliy about any vioIations or citations. H.Adney hesitated
and stated she never had any. I then asked her about the traffic
citations that she was issued under the name of H. Greene in
Washington. H. Adney was then abIe to recaiI the citations and
give a graphic details about why and how she came to be lssued
the citations. H. Adney advised that she didn't put the citations
on the application, as her 11quor 11cense was very important to
her business and she thought that "it.would go easier if I didn't
put them on there..."
M. Adney advised that she is separated and in the process of
divorcing R. Adney and he has no interest or ownership in the
business. H. Adney provided a written documentation to that
effect and it is attached.
I contacted the listed agencies in regards to W. MacArthur,
R. Adney and M. Adney and the listed information was obtained. I
also contacted the listed agencies in regards to Pace Investment
Corporation, MarMac Corporation, 19th Green, BBO Pete's and the
listed information was obtained.
I checked the attached documents submitted by W. HacArthur
and ~. Adney, Pace Investment Corporation and the MarHac
Corporation, and they appear to be in order.
I conducted a records scan for incidents that the Woodburn
Pollce Bepartment responded to at 2990 North Boones Ferry Road,
none were located.
! conducted a records scan for incidents that the Woodburn
Police Oepartment responded to or initiated for the area
surrounding the business. I located a total of eight (8)
incidents, one (1) involving a liquor license application and the
other seven (?) involving suspicious incidents. I have attached a
prlnt out of the listed incidents.
1'DH
Reporting Officer: C.A. CUNNINGHAH ~21286 Page 8
101
City of Woodburn
Police Department
MEMORANDUM
270 Montgomery Stre~
Ken Wrig~~
Chief of Po)g/t,~
Woodburn, Oregon 97071
(503) 982-234~
Date: March 13, 1996
To:
Mayor and Council
Thru:
C. Childs, City Administrator
Subject:
Liquor License - Add Partner
Type of License:
Package Store
Applicant:
Pipers's Jewelry
1727 Mt. Hood Avenue
Woodbum, Or.
Add Partners:
Charles A. and Rebecca J. Piper
2675 Meadow La.
Woodbum, Or.
On March 6, 1996, the police depamnent received application from Piper's Jewelry to add
panners to their liquor license. Previous partner, Harley A. Piper, is to be removed and
new partners added.
A comprehensive background investigation was completed by the police department.
Applicant Charles Piper has been licensed by the OLCC and in checking commission
records, no violations were found. No criminal records were found in the name of either
applicant.
The compleaed background investigation found all information and Fries in order.
officer's report.)
RECOMMENDATION:
The City Council recommend that the add partner license for
Piper's Jewelry by approved.
cc: applicant
~Qo. DBURN POLICE DEPARTHENT
Incident Report
Distribution: Records
OLCC
101
96-001479 Connect # -
LIQUOR LICENSE APPLICATI
Reported Date/Time: 03/06/96 1627 hrs
Occurred Date/Time: 03/06/96 1627 hrs to / / 0000 hfs
Location: 1727 ~T HOOD
AV
k~ODBU}L\' OR Grid: 311
SU~Y
On 030696 at about 1130 hrs, I received a liquor license application
for the Piper's Jewelry, 1727 Ht Hood Ay. The applicant was requesting
to change its ownership on the OLCC license. I began my Investigation.
Involved person:
PIPER,REBECCA JE~.N DOB: 02/10/52 Age: 44 kfF
AKA: REBECCA JEk~ KAHUT Hgt: 5'02' Wgt: 150
Hair: Brown Eye: Brown
2625 t4EAIX~LN WOODBURN, OR 97071
Phone: (503)981-6286 Type: Home
OLN: 1355262 (OR) SSN: 544-60-4252
Employer/School: PIPER'S JEWELRY (503)982-1321
1727 HTHOOD AV M)ODBURN, 0R97071
Work Days : biONDAYTHRU SATURDAY
Work Hours: 0930 TO 1730 HRS
NEW OWNER/g.~AUER
Involved person:
PIPER,CHARLES ALLEN DOB: 08/02/52 Age: 43
Hgt: 5'09' Wgt: 155
.Hair: Brown Eye: Hazel
2625 t4FADOW LN WOODBURN, OR 97071
Phone: (503)981-6286 Type: Home
OLN: 1397382 (OR) SSN: 542-64-3175
Employer/School: PIPER'S JEWELRY
1727 ~fr HOOD AV WOODBURN, OR 97071
OWNER
(503)982-1321
Reporting Officer: WILLI&q A. TORRE~~
Case status/Date: D 03/07/96 Approved: * -I~ / /
Follow-up Required: Assigned to Patrol or Detec~j~:
Follow-up Assigned To: Date:
Other:
Page 1
By:
C.H. Entry:
96-001479
=============================================================================
Involved person:
PIPHR,HARL~ALLEN DOB: 07/24/30 Age: 65 M~
Hgt: 5'09' Wgt: 170
Hair: Grey/Partial Eye: Hazel
10469 CROSBY RD NE WOODBL~Jq, OR 97071
OLN: 496771 (OR) SSN: 543-32-9326
PAST OWNER OF PIPER'S JEWELRY STORE
T'
Business:
OREGON LIQUOR CoN~rROL CO~
AKA: OLCC
213 MADRONA ST SE SALEM, OR 97306
Phone: (503)378-4831 Type: Business.
AGENT: JANICE FORBES PH: 378-3512'
Business:
PIPER'S JEWELRY
1727 MT HOOD AV WOODBLrI~N, OR 97071
Phone: (503)982-1321 Type: Business
CORPORATION
Business:
MARION COUNTY SHERIFF'S OFFICE
100 HIGH ST NE SAI.EM, OR 97301
Phone: (503)588-5071 Type: Business
RECORDS SECTION
CRIME ANALYSIS DATA:
TARGET:
AREA: Shop center
TYPE: Private
PREMISE: JE1VELRY BUSINESS
GANG RELATED: No OFCR HAZ: N
# ENTERED: 0
DOMESTIC ABUSE: N
COMPUTE~ USED: N
101
Reporting Officer: WILLIAM A. TORRES #17716
Page 2
96-001479 101
BACKGROUk9 INVESTIGATION:
Piper,Rebecca Jean
1. Criminal History:
No c~iminal history was located for Mrs Rebecca Piper under
her aarried or maiden name of Rebecca Kahut.
o
DHV 3river's License Status:
Rebe:ca Piper had a clear and valid driver's license. Hrs
Pipe: records'was clear of any violation/infraction entries.
I di~ locate a single entry on the record. The entry was for
a traffic accident in which she was involved in as a victim.
The ~ncident occurred in Marion County in June of 1992, and.
was :andled by the Sheriff's Office.(A copy of that report is
atta:hed. CR# 92-9898) Mrs Piper was not cited in the
incident.
BETTER BIL;INESS BUREAU:
Therc were no listings or complaints found against any of the
Pipe: Jewelry Stores.
OREGON LI~dORCONTROLCObtMISSION:
AGENT: JA~ICE FORBES
The Salem OLCC Regional Office was contacted. OLCC
investigator, Janice Forbes, advised that she had checked the
OLCC files for any, prior complaints or violations involving
liquor laws for the Woodburn Piper's Jewelry. Forbes advised
there were no compliance problems or violations found for the
business. This Included controlled substance violations.
RECORDS SC~V:
A re~rds scan was made for the business for the calendar year
of 1~5 to date. A total of three (3) calls for service
entries were found. Two of the Service calls were for liquor
license applications and/or license renewals. One service call
was aa alarm sounding incident. No other calls for service
were found.
The rails 'for service break-down as follows:
2 - liquor license applicktions
1 - robbery alarm call - false
LIST OF 03H~'iR BUSINESSES OM~ED:
1. Piper's Jewelry Store, 241 55V 2nd Av, Canby 262-2050
?iper's Jewelry Store, Wilsonville Town Ctr, Wilsonville
S82-8500
Summary:
On 030796 at about 0850 hrs, I began a background investigation for
a change of ownership/liquor application for the ~oodburn Piper's
Reporting Officer: WILLIA~i A. TORRES #17716 Page 3
Jewelry store at 1727 Mt Hood Av. The Name of the business will
remain the same. During the investigation. I was not able to locate
anything to establish a basis for negative recommendation.
I contacted the listed agencies regarding the jewelry business and
Mrs Rebecca Piper. The results are listed above.
I checked the rest of the attached documents and I found them to be
in order, including the financial records which showed that Charles
and Rebecca Piper were the current and sole owners of all the
Piper's Jewelry stores in Woodburn, Wilsonville, and Canby.
I contacted Mrs Rebecca Piper. She advised me that she was co-owner
with her husband, Charles Piper of the store. She stated the only
persons who would be selling the alcoholic beverages are her
husband, Charles and herself. She advised that either herself or
Charles would be at the store at all times during business hours.
She stated the only store the license ~'as for is the Woodburn
jewelry store. She advised the hours of the store are to remain the
same.
I contacted the Marion County Sheriff's Office record section for
information on the non-injury traffic accident that occurred on
June 3rd, 1992. I requested a copy of the report be sent to me as
soon as possible. I was able to determine that Mrs Piper was not
cited or charged with anything from this incident. At this time, I
completed my investigation.
96-001479
Disposition: discontinued
Reporting Officer: WILLIAbt A. TORRES #17716 Page 4
lOJ
City of Woodburn
Police Department
MEMORANDUM
270 Mont~m~r~t
Ken Wr~g~)
Chief of ~
Date: March 13, 1996
Woodburn, Oregon 97071
(5O3) 982-2345
To:
Mayor and Council
C. Childs, City Administrator
Subject: Liquor License Add Partner
Applicant:
Estates Restaurant
1776 Country Club Rd., Woodbum
Type of Limnse: Package Store, Restaurant
Add Partner's:
Joseph H. Eudemiller
131 Noatak- PO Box 1187
Cannon Beach, Or.
Katherine J. Nunenleamp
131 Noatak- PO Box 1187
Cannon Beach, Or.
On Februar~ 12, 1996, the police department received application from Senior Estates
Country Club to add partners to their liquor license. The previous tnu'tner, Susan Reznicsek,
is to be rer~oved and new partners added.
A comprehensive background investigation was completed by the police department.
Applicants have been licensed by the Oregon Liquor Control Commission. In checking
commissio~ files and the files of law enforcement agencies no liquor related violations were
noted. No criminal records were found in the name of either applicant. Both applicants will
be the onl3' persons in charge of the business and serving alcoholic beverages.
The completed background investigation found all information and files in order. (see
officer's r ~eport)
RECOMMENDATION:
The City Council recommend that the add partner license for the
Senior Estates Restaurant be approved.
cc: appkant
WOODBURN POLICE DEP~
Incident Report
Distribution: Records
OLCC
10J
96-000952 Connect # -
LIQUOR APPLICATION
Reported Date/Time: 02/12/96 0936 hrs
Occurred Date/Time: 02/12/96 0936 hrs to / / 0000 hfs
Location: 1776 COUNTRY CLb~
RD WOODBLq~N OR
SUMMARY
On 020996, Hr Eudemiller and Mrs. Nunenkamp applied for a liquor
license for the Senior Estates Country Club Restaurant at 1776 Country
Club Rd. I conducted an OLCC background investigation.
Involved person:
EUDEMILLgR,JOSEPH HAMPTON DOB: 09/10/34 Age: 61 WM
AKA: JOE Hgt: 5'10" Wgt: 170
Hair: Grey/Partial Eye: Brown
131 NOATAK - PO BOX 1187 CANON BEACH, OR 97110
Phone: (503)436-2433 Type: Home
OLN: 4944506 (OR) SSN: 560-26-5711
Employer/School: SENIOR ESTATES RESTAURANT (503)982-1776
1776 COUNTRY CLUB RD WOODBURN, OR 97071
RESTAURANTNANAGER
Involved person:
NUNENKAMP,KATHERINE JO DOB: 05/30/45 Age: 50 WF
AKA: KATHERINE J. CLYDE Hgt: 5'06' Wgt: 140
Hair: Brown Eye: Brown
131 NOATAK - PO BOX 1187 CANON BE~CH, OR 97110
Phone: (503)436-2433 Type: Home
OLN: 1655852 (OR) SSN: 541-52-0589
Employer/School: SENIOR ESTATES RESTAURANT (503)982-1776
1776 COUNTRY CLUB RD WOODBURN, OR 97071
Work Days : WEDNESDAY THRU SUN~AY
Work Hours: 0800 TO 1700 HRS
ASSISTANT MANAGER
Case status/Date: D 03/01/96 //Approved:
Follow-up Required: Assigned to Patrol or Detecti~
Follow-up Assigned To: Date: BY:
Other:
Page 1
C.M. Entry:
Business:
OREGON LIQUOR CONTROL CO~ISS
AKA: OLCC- SALR/ BRANCH
213 HADRONA ST SE SAI.F/4, OR 97302
Phone: (503)378-4871 Type: Business
JANICE FORBES - OLCC INVESTIGATOR
.96-000952,, 10J'
Business:
SENIOR ESTATES RESTAURANT
1776 COUNTRY CLUB RD M)ODBURN. OR 97071
Phone: (503)982-1776 Type: Business
Employer/School: SENIOR ESTATES COL~RY CLUB
GOLF AND COUNTRY CLUB - PRIVATE
Business:
CANNON BEACH POLICE DEPART~fl/NT
P.O. BOX #368 CANNON BEACH, OR 97110
Phone: (503)436-2811 Type: Business
RECORDS DIVISION
Business:
SFASIDE POLICE DEPARTHEKr
1091S HOLLADAY SFASIDE, OR 97138
Phone: (503)738-6311 Type: Business
Business:
BEND POLICE DEPARTHENT
P.O. BOX #108 SEASIDE, OR 97709
Phone: (503)388-5550 Type: Business
Business:
SECRETARY OF STATE DEPARIIqENT
AKA: CORPORATION CO~ISSION
158 T~ELVETH ST NE SALE~, OR 97310
Phone: (503)378-4166 Type: Business
Reporting Officer: WILLIA~ A. TORRgS #17716 Page 2
.96-000952
Business:
CONS~ FRAUD DEPARTMENT
100 JUSTICE BUILDING SALEH, OR 97310
Phone: (503)378-4732 Type: Business
Employer/School: OREGON DEPARTMEN~ OF JUSTICE
Business:
BETTER BUSINESS BUREAU
AKA: BBB
PORTLANd, OR 97214
Phone: (503)226-3981 Type: Business
Other:
LILIENTHAL,RONALD ~
1776 COUN~FRY CLUB RD WOODBURN, OR 97071
Phone: (503)981-1649 Type: Bone
Employer/School: SENIOR ESTATES COL%TRY CLUB,IN (503)982-1776
1776 COUNTRY CLUB RD ~ODBURN, OR 97071
PRESIDEN~ OF SENIOR ESTATES GOLF AN~ COL~'rRY CL[~ ~\~ RESTAURANT
Other:
REZNICSEK,SUSAN KAY DOB: 12/10/48 Age: 47 ~
Hgt: 5'05~ Wgt: 138
Hair: Brown Eye: Brown
5587 REATHA CT HUBBARD, 0R97032
Phone: (503)651-2288 Type: Ho~e
OLN: 1562477 (OR) SSN: 543-58-3324
PAST MANAGER
CRIME ANALYSIS DATA:
SOLICITED: Other TOOL USED:
TARGET:
AREA: Residential TYPE: Private
PREMISE: CLU3 HOUSE RESTAURANT/LOUNGE # ENTERED: 0
GANG RELATED: No
OFCR HAZ: N DOMESTIC ABUSE: N COMPUTER USED: N
lOJ
Reporting Officer: WILLIAM A. TORRES #17716 Page 3
· 96-000952
· 1.0J
BACKGROUND INVESTIGATION:
EUDEHILLER,JOSEPH HAHPTON
1. Criminal History:
No criminal history was located for Hr Eudemiller. I checked
both in Oregon and California. He was clear in both states.
There were no wants/warrants outstanding on him.
Department of Hotor Vehicle's License status:
Mr Eudemiller had a clear and current valid driver license. I
was able to find a single entry for a non-injury traffic
accident. The accident occurred in Bend, Oregon. A check with
the Bend Police Department revealed that no police report was
made. Hr Eudemiller advised that the accident occurred in a
parking lot and that it was handled civilly by both parties.
N~N~NKgJqP,K~THERINE JO
1. Criminal History:
No criminal history was located for Mrs Nunenkamp.
Department of Hotor Vehicles' License Status:
Mrs Nunenkamp has a clear and valid driver's license. She has
no violation/infraction entries.
CORPORATION CO~qlSSION:
The corporation commission was contacted. The commission
confirmed that businesses called the Rusty Scupper Restaurant,
the Loft Restaurant, and Katy's Restaurant were all o~ned by
the join corporation of Eudemiller and Nunenkamp, Inc. The
Corporation Commission advised that the Rusty Scupper
Restaurant was still owned by both eudemiller and Nuuenkamp at
this time. The other two businesses were now owned by separate
owners.
B~BUSIN~SS BUREAU:
There were no listings or complaints against any of the
businesses owned by either Nunenkamp and/or Eudemiller.
BANKRUPTCY COURT:
No listing was found in the Federal Bankruptcy Court for
either subject or their corporation.
DEPARTMENT OF JUSTICE - FINANCIAL/CONSUIdER FRAUD SECTION:
There were no listings or complaints against any of the
businesses owned by Mr Eudemiller and Mrs Nunenkamp.
OREGON LIQUOR CONU3IOL CO~fldlSSION:
AGENT: JANICE FORBES
Reporting Officer: WlLLIAH A. TORRES #17716
Page 4
Th~ Salem OLCC regional office was contacted. OLCC
investigator, Janice Forbes, was contacted. She checked the
Liquor Control Commission's files for possible complaints or
violations involving liquor laws for the businesses o~ed by
either Nunenkamp and Eudemiller. Forbes advised there were no
compliance problems or violations found for any of the
restaurants. This included controlled substance violations.
.96-00.0952
10J
I~CORDS SCAN:
A records scan was made for the Senior Estates Golf and
Country Club/Restaurant for the calendar year of 1995 to Cate.
A total of seven (7) calls for'service entries at this
location were located. Three of the calls for service were
liquor applications and/or renewals. All, but two of the calls
for service were reported under the previous management.
The calls for service break-down as follows:
3 - liquor license applications
1 - assist law agency
1 - assault case
1 - theft case
1 - suspicious persons call
A records scan was made for the grid area 102B. A total of
one-hundred thirty-eight (138) calls for service were located.
Host of the calls were to different locations within the grid
area.
LIST OF OTHER BUSINESSES O~N~/OPERATEI) BY EUDENILLER AND
NUNENKA~:
Katy's Restaurant, HountvtewHall, Bend Or.
12/89 to 05/92
Loft Restaurant, 123 S. Hemlock St, Cannon Beach
05/92 to.I0/95
Rusty Scupper Restaurant, 504 Broadway St., Seaside Or.
03/95 to 10/95
Summary:
On 021296 at about 0936 hrs, I began a background investigation for
a change of manager/liquor application for the Senior Estates Golf
and Country Club Restaurant at 1776 Country Club Rd. The name of
the business will remain the same. During the investigation, I was
not able to locate anything to establish a basis for negative
recommendation.
I contacted the listed agencies regarding Mr Eudemiller and Mrs
Nunenkamp; and their past businesses. The results are listed above.
Reporting Officer: ~ILLIAM A. TORRES #17716 Page 5
I contacted Hr Ronald Lilienthal. He advised me that he was the
current president of the Senior Estates Country Club. He advised
that the Country Club had leased the restaurant to both Nunenkamp
and Eudemiller. Mr Lilienthal advised that the past manager, Susan
Reznicsek had not renewed her lease and therefore the lease was
given to Nunenkamp and Eudemiller. Hr Lilienthal advised that both
Nunenkamp and Eudemiller were going to manage the restaurant. Mr
Lilienthal advised that the only ones who are be on the liquor
license are: Hr. Eudemiller, Mrs Nunenkamp and himself. No one else
~ould be on the liquor license. Mr Lilienthal advised me that the
lease was for one-year. Mr Lilienthal advised that lease was for
the restaurant only, but that it included all the equipment inside
of the restaurant as well. Hr Lilienthal advised that he would not
have any control in the restaurant's operation or liquor
dispensing.
96-000952
I contacted Mr. Eude~iller and Mrs Nunenkamp. Both advised me they
would be the only persons in charge of the business. Mr Eudemiller
advised he was going to be the one to dispense the beer and wine at
the restaurant. He advised that Mrs Nunenkamp would handle managing
the restaurant part of the business. Both advised me they were the
sole lessee in this business. And no one else had any control of
the business and/or the liquor service. I obtained addresses of the
past businesses that both have either managed or owned. I was
advised by Eudemiller and Nunenkamp that neither of them had any
current ownership in the Katy's restaurant (Bend, Or), and the'Loft
Restaurant (Cannon Beach). I was advised by both Eudemilter and
Nunenkamp that they vere selling their current business, the Rusty
Scupper restaurant.
I checked the rest of the attached documents and I found them to be
in order, including the financial records.
I checked with the police agencies in the area of the each
restaurant business. I was advised by the Bend Police Department
that they did not have any calls for service to Katy's Restaurant
during the time it was owned by the applicants. I was advised by
the Cannon Beach Police Department that they had only one entry for
calls for service to the Loft Restaurant while the applicants had
ownership. The call for service was for an unsecured window to the
business. I was advised by the Seaside Police Department of a
single call for service to the Rusty Scupper restaurant.'That call
for service was for au alarm sounding complaint. That report is
attached to this case. At this time, I completed my investigation.
Disposition: Discontinued.
lOJ
Reporting Officer: WlLLIAId A. TORRES #17716 Page 6
City of Woodburn
Police Department
MEMORANDUM
1OK
Ken Wrigli/t
Chief of Poli
Date: March 13, 1996
Woodburn, Oregon 97071
(503) 982-234~
To.'
Mayor and Council
C. Childs, City Administrator
Sabject:
Liquor License - Restaurant, New Outlet
Applicant:
Denny's At Woodburn
2919 Newberg Hwy.
Woodbum, Or.
~dividual Applicants:
Paul W. Freeburg
Jason C. Freeburg
Steven P. Freeburg
Kathy E. Freeburg
lulie K. Freeburg
On January 5, 1996, the police department received application from Denny's At Woodburn
for a New Outlet Restaurant liquor license.
A comprehensive background investigation was completed by the police department.
Applicants are currently licensed for liquor sales by the Oregon Liquor Control Commission.
la checking commission files and records of law enforcement agencies no liquor related
x~olations were noted. Other than a traffic conviction for Jason Freeburg no criminal
convictions were found for any of the applicants. The applicants will be the only persons in
~arge of the business.
Although the business will operate 24 hours per day, seven days a week, the applicant
advises by *house* policy, alcohol will only be served 10am - 10pm and a two (2) drink
limit will be imposed. The completed background investigation found all information and
flies in order. (see officer's report.)
RECOMMENDATION: The City Council recommend that the license be forwarded
to the Oregon Liquor Control Commission with a favorable
recommendation.
cz: applicant
Incident Report
Distribution: Records
OLCC
1OK
96-000094
LIQUOR LICENSE
Reported Date/Time:
Occurred Date/Time:
Location: 2919
Connect # -
01/05/96 1548 hfs
01/05/96 1548 hfs to / / 0000 hfs
NEWBERG HW WOODBURN
OR
SUMMARY
On 010596 at 1548 hfs Paul Freeburg, Kathy Freeburg, Jason Freeburg,
Julie Freeburg and Steven Freeburg requested a liquor license for
"Denny's" restaurant in Woodburn. The listed manager in charge of the
business w111 be Jason Freeburg. The business is a restaurant and lsa
new outlet. The business will serve malt 11qour in the bottle only and
wine in the bottle. The liqour will be located in a small
refrigerator. I conducted a background investigation.
Involved person:
FREEBURG, PAUL WILSON DOB: 10/25/36 Age: 59 WM
Hgt: 6'02" Wgt: 185
4293 ELF AU SE SALEM, OR 97302
Phone: (503)363-0354 Type: Home
OLN: 4704692 (OR) SSN: 325-30-9126
Involved person:
FREEBURG, KATHLEEN ELEANORE DOB: 10/08/41 Age: 54 WF
AKA: CIECKO,KATHLEEN ELEANORE Hgt: 5'05' Wgt: 140
Hair: Red/Auburn Eye: Green
4293 ELF AU SE SALEM, OR 97302
Phone: (503)363-0354 Type: Home
OLN: 3525290 (OR) $SN: 349-32-4316
Reporting Officer~21286
Case status/Date: D 02/05/9~ Approved:
Follow-up Required: Assigned to Patrol
Follow-up Assigned To:
Other:
tires: Page
Date: By:
C.H. Entry:
L====~===L======== ....
ZnvoLved person:
FREEBURG, 3ASON COLE DOB: 09/21/61 Age: 34
Hgt: 6'02" Wgt: 200
Ha[r: Blonde Eye: BIue
10636 OAK OR SE SALEM, OR 97306
Phone: (503)399-3516 Type: Home
OLN: 3360255 (OR) SSN: 330-60-2067
Employer/School: DENNY'S (503)981-9738
2919 NEWBERG HW WOOOBURN, OR 97071
HANAGER OF DENNY'S WOOOBURN
Involved person:
FREEBURG, JULIE KAY DOB: 09/16/64 Age: 31 WF
AKA: GUAT, JULIE KAY Hgt: 5'07" Wgt: 135
Hair: Blonde Eye: Green
10636 OAK DR SE SALEM, OR 97306
Phone: (503)399-3516 Type: Home
OLN: 4974905 (OR) SSN: 461-15-2534
Employer/School: DENNY'S (503)981-9738
2919 NEWBERG HW WOOOBURN, OR 97071
CO-HANAGER WITH JASON FREEBURG
1'OK
Involved person:
FREEBURG, STEVEN PAUL DOB: 07/17/70 Age: 25
Hgt: 6'02" Wgt: 210
Hair: Brown Eye: Blue
2685 EASTLAKE DR S SALEH, OR 97306
Phone: (503)363-9425 Type: Home
OLN: 4305796 (OR) SSN: 544-58-6845
Bus[ness:
DENNY'S RESTUARANT
2919 NEWBERG HW WOOOBURN, OR 97071
Phone: (503)981-9738 Type: Business
Business:
DOUGLAS COUNTY SHERIFF OFFICE
P.O. BOX 219 HINDEN, NV 99423
Phone: (702)782-9919 Type: Business
Reporting Officer: C.A. CUNNINGHAM #21286 Page 2
Bustne~s:
OREGON DEPT. OF TRANSPORTATION
SALEM, OR
Phone: (503)945-5098 Type: Business
HOTOR UEHICLE'S DIVISION-ACCIOENT REPORTS
1OK
Business:
POLK COUNTY SHERIFF'S OFFICE
DALLAS, OR
Phone: (503)623-9251 Type: Business
Bus[ness:
POLK COUNTY DISTRICT ATTORNEY
DALLAS, OR
Phone: (503)623-9251 Type: Business
Business:
POLK COUNTY COURT CLERK
DALLAS, OR
Phone: (503)623-9251 Type: Business
Business:
NEVADA HIGHWAY PATROL
357 HAMILL RENO, NV 89511
Phone: (702)688-2500 Type: Bus/ness
RECORDS SECTION
Business:
NEVADA-OFFICE ATTORNEY GENERAL
555 EAST WASHINGTON AV LAS VEGAS, NV 89101
Phone: (702)486-3420 Type: Business
Buslness:
NEVADA DEPT. OF MOTOR VEHICLES
CARSON CITY, NV
Phone: (702)687-3260 Type: Business
RECORDS SECTION & ENFORCEHENT BUREAU
Reporting Officer: C.A. CUNNINGHAM ~2!286 Page 3
Business:
SALEM POLICE DEPARTMENT
SALEM, OR 97301
Phone: (503)588-6123 Type: Business
RECORDS SECTION
1.OK
Business:
BETTER BUSINESS BUREAU
PORTLAND, OR-
Phone: (503)226-398I Type: Business
Business:
OREGON LIQUOR CONTROL COMM.
213 MADRONA ST SE SALEM, OR
Phone: (503)378-487I Type: Business
2ANICE FORBES
Business:
SECRETARY OF STATE
AKA: CORPORATIONS OIVISION
158 TWELVETH ST NE SALEM, OR 97310
Phone: (503)986-2200 Type: Business
Bus[ness:
OREGON DEPT. OF JUSTICE
AKA: CONSUMER FRAUO
lO0 JUSTICE BUILOING SALEM, OR 97310
Phone: (503)378-4732 Type: Business
Bus[ness:
BEST WESTERN MILL STREET INN
3125 RYAN OR SE SALEM, OR 9730I
Reporting Officer: C.A. CUNNINGHAM ~21286 Page
8~ACKGR~UND INVESTIGATION:
1OK
FREEBURG, PAUL WILSON
1. Criminal History:
No criminal history was located for P. Freeburg.
Operator Llcense Status:
P. Freeburg has a valid Oregon Operator's license and shows no
entries for violations or collisions.
FREEBURG, KATHLEEN ELEANORE
1. Criminal History:
No crlminal hlstory wa8 located for K. FreeDurg, or under her
maiden name of Cieko.
2. Operator License Status:
K. Freeburg has a valid Oregon Operator's license and shows no
entries for violations or collisions.
FREEBURG, JASON COLE
1. Criminal History:
Jason Freeburg has a criminal history in both Oregon and
Nevada. Jason Freeburg was arrested on August 17, 1981 and
August Z4, 1981 in Polk County, Oregon on the charges of
Assault III and Assault IV, respectively. Jason Freeburg was
arrested on February 14, 1989 for Driving Under the Influence
of Intoxicants in Douglas County, Nevada by the Nevada Highway
Patrol.
Jason Freeburg was arraigned on the'charges of Assault III and
Assault IV, in Polk.County and released on a release
agreement. On August 24, 1981 and November 13, 1981 the Polk
County Oistrlct Attorney's Office requested that both charges
be dismissed.
Jason rreeburg was arraigned and pled guilty on April 17, 1~8~
to the crime of Reckless Driving in Tahoe Townsh£p Justice
Court, Nevada. The charge of Oriving under the Influence of
Intoxicants was dismissed as Jason Freeburg pied guilty to
Reckless Driving.
Reporting Officer: C.A. CUNNINGHAH ~21286 Page 5
Operator License Status:
Jason Freeburg has a valid Oregon operator's license. Jason
Freeburg has no Nevada operator's license or a reference
number, as the information was sent to Oregon. Jason
Freeburg's Oregon operator license shows a conviction for
Reckless Driving in Nevada, and Oregon Department of Hotor
Vehlcles suspended his license in Oregon from June 11, 1989 to
September 13, 1989. Jason Freeburg's Oregon operator license
also shows a conviction in 1990 for Speeding. A conviction in
1991 for Fail to use Safety Belt and a conviction for
speeding. Jason Freeburg's Oregon operator's license shows no
.-entries for collisions.
1'OK
FREEBURG, JULIE KAY
1. Criminal History:
No crlminal history was located for Julia Freeburg, or under
her malden name of Gaut.
2. Operator License Status:
Julia Freeburg has a valid Oregon operator's license status.
Julle Freeburg's operator's license shows two collisions, both
collisions were in Salem, Oregon. The Salem Police report
shows that Julia Freeburg, disobeyed a traffic control signal,
but no cltation was issued. The second collision was in 1993,
Salem Police report showed the drivers exchanged information
and no citations Were issued. No other entries for violations
or collisions were located.
FREEBURG, STEVEN P~UL
1. Criminal History:
No criminal history was located for .S. Freeburg.
2. Oregon Operator's License:
S. Freeburg has a valid Oregon operator's license. S.
Freeburg's Oregon operator license shows in 1990 a conviction
for speeding. And another conv£ction in 1990 for Fail to obey
a trafflc control device. S. Freeburg's operator license shows
a conviction in 1991 for speeding.
CORPORATION COHHISSION:
Denny's Corporation is the listed corporation for the aoodburn
Denny's and Mi11 Creek Denny's as they are both franchises of
the national corporations.
Reporting Officer: C.R. CUNNINGHAM #21286 Page
'BETTER BUSINESS BUREAU:
1. No listings or complaints against Woodburn Oenny's Restaurant.
2. No listings or complaints against the Hill Creek Oenny's
Restaurant.
3. No listings or complaints against the Best Western Inn at Hill
Creek.
4. No listings or complaints against the Best Western Inn Pacific
High,ay Inn-Salem.
1OK
OREGON LIQUOR CONTROL COHHISSION:
No listings or violations were located for S. Freeburg and K.
Freeburg. A service permit listing was located for Julle
Freeburg, P. Freeburg and Jason Freeburg. However, no
violations were located.
No listings or violations were located for the businesses of
Best Western Inn at Hill Creek and Salem.
No violations were located against the Hill Creek Denny's
Restaurant.
No listing or violations were located against Woodburn Denny's
Restaurant.
RECORDS SCAN FOR INVOLVED PERSON(S) AND BUSINESSES:
I did a records scan on the Woodburn Denny's for the calendar
year 1991 to date. I located s/x (6) calls for service that
the Woodburn Police Department responded to during that time
period. The s£x (6) calls were one (l') theft of services, one
(1) quick change fraud scam, one (1) Driving under the
influence arrest, one (l) minor in possession of an alcoholic
beverage by consumption, one (1) disturbance-persons arguing
and one (1) intoxicated person. Copies of these calls for
serv£ce are attached.
I dld a records scan on for P. Freeburg, K. Freeburg, S.
Freeburg, Julie Freeburg and Jason Freeburg for the calendar
year of 1991 to date. I located one incident involving S.
Freeburg, he was a victim of a theft from his motor vehicle in
Salem. I located a motor vehicle collision involving Julie
Freeburg in Salem. I located no incidents involving P.
Freeburg, K. Freeburg and Jason Freeburg.
3. I did a records scan for the.caIendar year 1990 to date for
Reporting Officer: C.A. CUNNINGHAH ~21286 Page 7
the Best Western Mill Creek Inn and I located a total of four
(4) incidents, two (2) suspicious persons, one (1) hit and run
motor vehicle collision and one (1) theft of motor vehicle
parts. I have attached the print out of the listed incidents.
RECORDS SCAN:
1OK
I did a records scan for the calendar year 1995 to date for
the area surrounding the Woodburn Oenny's Restaurant. I
located fifty slx (56) calls for service that the Woodburn
Police Department responded too. I Iocated one (1) incident
tinvolving illegal controlled substance activities. I located
one (1) flght incident. I located four (4) disturbance
incidents. I located three (3) assault incidents. I located
one (1) liquor law violation incident. I located one (1)
public indecency incident, the other incidents were not
related to immediate buslness area.
SUMMARY:
On 020996, I completed a background investigation for a liquor
license for the Woodburn Oenn¥'s Restaurant. The business is
located off Highway 214, near Interstate Five. The business has
been owned and operated by the Freeburg's since it was purchased in
1993. The business is requesting a liquor license. The listed
manager of the Woodburn Denny's is Jason Freeburg, the co-manager
will be 3ulie Freeburg.
I contacted 3ulie Freeburg and she advised that her husband,
3ason Freeburg, was the listed manager, but that he also was
managing the Mill Creek Denny's Restaurant. 3ulie Freeburg advised
that she was the co-manager of the Woodburn Denny's, and she spent
the majority of her time at the Woodburn Denny's.
I contacted S. Freeburg at his place of business as an answer
to a questlon on the O.L.C.C. form was omitted. The question was
question number nine (9), which is if the applicant had any arrests
or citations pending. S. Freeburg was advised to contact O.L.C.C.
and amend his appl£cat£on form.
I contacted the listed agencles in regards to the Woodburn
Denny's, Hill Creek Denny's in Salem, Best Western Hill Creek Inn
and the Best Western Pacific Highway Inn in Salem and the listed
£nformation was obtained. I contacted the listed agencies in
regards to P. Freeburg, K. Freeburg, $. Freeburg, Jason Freeburg
and Julie Freeburg and the listed information was obtained.
The case reports for the Assault III and Assault IV in Polk
County have not arrived at this time from the Polk County District
Attorney's. Office, due to the flooding in Polk County. The Nevada
Reporting Officer: C.A. CUNNINGHAH ~21286 Page 8
'High#~y Patrol Driving Under the Inf[uence of Intoxicants case
report on Jason Freeburg was destroyed, by the Nevada Highway
Patro[L
I contacted Jason Freeburg at the Woodburn Police Department.
Jason Freeburg advised that the Woodburn Oenny's would only sell a
maximum of two alcoholic beverages per customer, and alcoholic
beverages would not be sold before 10:00 am and no sales of
alcoholic beverages after 10:00 pm. Jason Freeburg advised that
before a~coholic beverages were served, that a customer must order
some food from the business.
I asked Jason Freeburg if he had.any arrests or other traffic
violations, other that the fa~l to signa~ for a lane change that he
l~sted on his application fora. Jason Freeburg advised
"No .... nothing else..." I asked Jason Freeburg if he had ever been
arrested. Jason Freeburg advised "No..."
I then asked Jason Freeburg if .he'could explain hls arrest for
Assault III and Assault IV in 1981 in Polk County, Oregon. Jason
Freeburg adv£sed he ams not trying to hide anything, but that he
had forgotten about the arrests, because he was a juvenile. Jason
Freeburg advised he had been drinking some beers with his
girlfriend and that she went "nuts" and threw his keys away. Jason
Freeburg adv£sed that he "just grabbed her arm' and told her she
was coming with him to find the keys. Jason Freeburg advised that
he was arrested by the Police and taken to Dallas, Oregon and
booked into the Polk County Jail.
jason Freeburg advised that the charges were dismissed and he
did not [ist them as required by the O.L.C.C. form, as he forgot
and he thought that if you were arrested as a juvenile, that
~nformat[on ~as not recorded. Jason Freeburg was twenty years o[d
when he was arrested [n 1981 in Polk County, Oregon and juveniles
are not booked ~nto aduZt correctiona! faci[[t[es.
I then asked Jason Freeburg ~f he was ever arrested for
anything else. Jason Freeburg advised "No..' I then asked Jason
Freeburg £f he could explain about the 1989 arrest in Nevada for
Or~ving Under the Influence of Intoxicants. Jason Freeburg advised
that he was arrested by the Nevada H~ghway Patrol for Driving Under
the Influence of Zntoxicants and he was booked into the jai! in
Nevada.
1OK
Jason Freeburg advlsed that he blew into the intoxilyzer and he
had a bac level of .OOX. Jason Freeburg advised that his nose was
red, as he had a cold, and the Trooper asked him to do a urine
sample. Jason Freeburg advised that the Nevada N£ghway Patrol
Trooper thought he was using "coke" Jason Freeburg advised that
he was on his honeymoon and he was not drunk or on drugs. Jason
Freeburg advised that he later got an attorney and he pled guilty
to the crime of Reckless Orlving.
Reporting Officer: C.A. CUNNINGHAH ~2128& Page
I asked Jason Freeburg if he had been arrested or issued any
other citations than the one listed and the arrests ! had located.
Jason Freeburg advised he had no other arrests or violations. The
Nevada Highway Patrol have destroyed the Police reports of the
arrest of Jason Freeburg on 02-14-89. As noted in Jason Freeburg's
operator's license record, he has numerous violations.
Julie Freeburg was involved in two collisions in Salem,
Oregon, one in 1990 and one in 19~3. Julie Freeburg was not cited
in either collision. I contacted the Oregon Oepartment of Hotor
VehiCles and I obtained copies of the Accident Report Forms
submitted by Julie Freeburg. I contacted Salem Police Oepartment
and I obtained copies of the Police Reports on the two collisions
that Julie Freeburg was involved in.
I checked the attached documents submitted by P. Freeburg,
3ulie Freeburg and E. Freeburg and they appear to be in order. I
checked the O.L.C.C. document submitted by S. Freeburg and it
appears to omit his operator's license suspension, and his traffic
violations. I checked the document submitted by 3ason Freeburg and
it has significant omissions in regards to his criminal history and
violations.
! conducted a scan for calls for service that the Woodburn
Police Department responded to at the Woodburn Denny's Restaurant.
! located a total of six (6) calls for service. I have attached
copies of the calls for service to this report.
! conducted a records scan for incidents that the Woodburn
Police Department responded to or initiated for the area
surroundin9 ~oodburn Denny's Restaurant. I located a total of fifty
six (56) incidents. I have attached a print out of the listed
incidents.
1OK
Reporting Officer: C.A. CUNNINGHAM ¢21286 Page 10
IOL
City of Woodburn
Police Department
MEMORANDUM
Ke.n Wrigi t// /' ]
Chief of
Woodburn, Oregon 97071
(503) 982-2345
Date: March 20, 1996
To:
Mayor and Council
Thru:
C. Childs, City Administrator
Subject:
Street-Parking lot Closure and Sound Amplification for Cinco De Mayo
The Police Department' has received a request from Centro Cultural for sound amplification,
parking lot and st~'eet closure on Friday, Saturday, Sunday and Monday, May 3, 4, 5 & 6, 1996.
The request ent__ail$ the closure of the Downtown parking lot and streets as mentioned in the
attached letter three full days and part days Friday and Monday. Centro Cultural is also asking
for permission to use sound amplification equipment for the hours listed in the attached letter.
The promoters, Centro Cultural, have hosted Cinco De Mayo for the past four years without
incident. The police department will be requesting assistance from all surrounding police
agencies and will be assigning additional patrols for this occasion.
The Cinco de Mayo Celebration has been growing with each year. This past year, 1995, it was
noted that the celebration had grown to the point that certain controls needed to be added to
assist in the orderly and safe movement by emergency vehicles, normal traffic and pedestrians.
Identified Improvements and Conditions:
Street/Parking-lot Closures:
First Street between Garfield and the South intersection of Grant Street. To include Hayes St.
to Front, Hayes St. approximately 50 feet west of First St. but not to block the rear door of
Salvadors Bakery loading door. Grant Street west to Second St. but to not block more than 40
percent of the Grant St./First St. intersection. The downtown parking-lot with coordination with
Hi School Pharmacy. The post office parking-lot for the storage of carnival equipment and
overnight security.
IOL
In the past three years concession booths have been on sidewalks causing congestion and
interfering with businesses. All booths will be on the streets and in the parking lots allowing
for the uncontested use of sidewalks for shoppers.
El&-trieal:
All cords will be out of the way of walkers/shoppers, covered and marked to prevent tripping.
Garbage:
Organizers will be responsible for the immediate containment of all debris caused by the
celebration and will be responsible for clean-up after the event.
Ten::
While the tent will be erected in the downtown parking lot the holes created by the tent stokes
will be hot patched to city standards. The organizers will be responsible for city inspection and
for the hot patch mixture in accordance with city specifications.
Times:
Cinco dc Mayo will be authorized to block streets from 6 P.M., Friday, May 3, 1996 and must
re-open streets by 3 A.M., Monday, May 6, 1996. The parking lots may be blocked from 6
P.M., Friday, May 3, 1996 to 12 Noon, Monday for removal of the tent and repair of holes.
Sound Amplification:
Organizers request the use of sound amplification equipment during the event. Allow the use
of sound amplification equipment on Saturday, May 4th from 12 P.M. to 10 P.M. and Sunday,
May 5th from 12 P.M. to 7 P.M.
RECOMMENDATION:
Authorize Centro Cultural to bock the City Downtown Parking-Lot
and streets and to allow the use of sound amplification equipment
in accordance with the above specified conditions and limits.
cc. patrol commander
IOL
~AR--19--96 TU~ 02 =00 PM AR. TURTLE-ENT 50~ ~91 5~51
Ken Wright
Meeting 3/7/96 with Chief Wright, Art, Mondo, and Francis, the following was discussed:
. A. Street use & blocking of streets
From alley between Front md 1st Streets to 2nd Sub, et
p. O1
From Grant to Garfield
On Hayes St. from alley between Front & 1st St to back door of Salvador's
B. Parking lot usage, use of parking lot behind Post Office, use of dowtltown parking lot.
C. Contact High School Pharmacy - use of their parking spaces behind Mexico Lindo
D. Overnight security
Uniformed security - Hubbard off duty Police Officers
Vendor ov~nlght stay for security.
E. Booths/Vendors
Vendors to supply own trash cans
All booths on ~tt'eet or_par.king !o,t_: nothing o sidewalks
Vendors to vaeale on Bun{lay mgm.
F. Electrical
· All lineg to be well insulated and to run in the gutters
Centro is responsible for covering any electrical lines that mn across sidewalks.
G. Centro to contact United Disposal prior to May event to dump cans in and around
event area
H. Tent_ ............ t.:.,~ ~ot b,, 12'00 noon Monday after event
Tent supplier to fill holes m parlcmg lot to city
I. DowntownBus'messes · ·
C.~. tt;9,, to.' .mf. om~, all Downtown. vus .mess? of event.
Francis when we speak to Salvador-
Chief Wrisht wdl aceoml~my Art, Monao, event and absolutely
re: no vehiele~ to be parked in front of Salvador's during
no downtown business shall block the sidewalks as to create a hazard.
J. Carnival. i ated for event.
Carnival to use the streets des..gn , . -x earlier than 6:00 P.M
Carnival to be able to set-up noes ano eqmpmen no
Friday - May 4th. Complete tear down to be ae, compli~.bY 3:00 A.M.
Mollday - May 7th. With no exceptions.
K. Use of Sound
Request for Sound Amplification permit to be utilized during event.
Ken. Ora¢i~ for yOM tillle and efforts - any further assistance on this event pis.
Contact me the dmirperson for the 1996 C~nco De Mayo, Art FIot~ at my.office
981-1974 or page me 918-1702.
14A
MEMO
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Council through City Administrator
Woodburn Planning Commission
Site Plan Review 95-25 Veterinary Clinic Expansion
March 21, 1996
At their March 14, 1996 meeting the Planning Commission acknowledged the
Planning Director's administrative approval of the Site Plan Review request.
I APPLICANT:
Jonathan Betts/Paul Jones
225 S. Pacific Highway
Woodburn, OR 97071
II NATURE OF THE APPLICATION:
The applicant is requesting administrative Site Plan Review approval of an
approximate 3,285 sq. ft. barn and office addition to the existing veterinary
clinic. See the attached site plan.
III RELEVANT FACTS:
The property is located at 225 S. Pacific Highway. The property can be
specifically identified on Marion County Assessors map T5S, RI W, Section
18DA, Tax Lot #1100. The subject property abuts Highway 99E. Currently
there are no road improvements along the entire frontage of the property.
Those improvements will be made when expansion of the facility takes place.
The site is zoned CG (Commercial General) and is planned for Commercial on
the Woodburn Comprehensive Plan Map. The total size of the property is
approximately .88 acres. Approximately .55 acres is being developed and .32
acres is being left vacant.
.&
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14A
14B
MEMO
TO: Mayor and City Council through City
Administrator
FROM:.
Woodburn Planning Commission
SUBJECT:
Parking Lot Expansion/Super 8 Motel
DATE:
March 7, 1996
Peninsula Group (Super 8 Motel) has secured lot 3 on the south
west corner of Lawson Avenue and Stacy Allison Way. This
property was procured after a lease agreement with McDonalds
sharing oversize vehicle parking could not be reached.
Staff finds the proposed parking scheme for lot 3 meets city
standards. However there are conditions. Those being:
(A) The development and landscaping be in substantial
conformance with the site plan.
(B) The parking lot be built to public works standards.
(C)
That a sidewalk be added between the parking lot and
the motel.
f- Il
STACY ALUSON WAY
81TE lit. AN
14B
14B
~"I~ N 1'07'44' [ 155.27
CITY OF WOODBURN
270 ~ Street · Woodbum, ~ 97071 · (503) 982-5292
TDD (503) 982-7433 · FA0((503) 982-5244
14C
STAFF REPORT
Subdivision # 96-01
II
III
APPLICANT:
Mike Hoge Wilhelm Engineering
PO Box 561
Woodbum, OR 97071
OWNER: Pete Chernishoff
34355 S. Meridian Rd
Woodburn, OR 97071
NATURE OF THE APPMCATION:
The applicant is requesting preliminary approval of an 8 lot subdivision.
RELEVANT FACTS:
The proposed subdivision is located along the norlh side of West Hayes Street and
west of Smith Drive. The property can be identified specifically on Marion County
Assessors Map as Tax Lot 5100 Township 5 South, Range 1 West, Section 7CC. The
parent parcel is approximately 2 acres in size.
The subject property is zoned RS, single family residential and planned for residential
use on the Comprehensive Plan.
Properties surrounding the proposed subdivision are Zoned Residential Single Family
to the north, south and west. The property to the east is zoned RM Multi-family and is
developed as multi-family (Hayesville).
A drainage way is located on the north side of the property.
Access will be via a proposed public street. It will eventually connect to Kotka and/or
West Uncoln.
The proposed lots range in size from approximately 7,218 square feet to 10,026 square
feet.
14C
IV
Ao
RELEVANT APPROVAL CRITERIA AND FINDINGS:
Woodburn Comprehensive Plan
Woodburn Subdivision Standards
Woodbum Zoning Ordinance
Chapter 5 Permits and Enforcement
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
6 Planning Commission
7 Public. Heating
8 General 'Standards
9 Residential Standards
10 Off-Street Parking, Loading and Driveway Standards
19 Manufactured Dwelling Siting Standards
22 Single Family Residential
39 Mandatory Parldand Dedication or Cash-in-lieu-of.
Woodburn Comprehensive Plan
Staff: Applicable approval criteria have been met through the implementing
ordinances of the adopted subdivision standards, zoning ordinance and
any other ordinances in affect at the time of approval.
Woodburn Subdivision Standards Chapter Iil Section 7
A. Tentative plans for subdivisions shall include the following
ao
g.
h.
i.
j.
· k.
Name of proposed subdivision
Vicinity map
Subdivision plan
Names and addresses in notification area
Diagram of water system
Diagram of sewage & storm drain system
Diagram of streets and sidewalk system
Legal description of subject property
Name of proposed streets
Lot numbers
Identification of easements, parkland
utilities.
information:
dedication, and private
Staff: Sufficient information has been submitted by the applicant. Attached with
this application is a site plan that indicates the proposed lots.
Woodburn Zoning Ordinance
Chapter 8 General Standards
Special Setback Standards
Staff: There is a special setback standard along Hayes Street of 40 feet. The
applicant has shown compliance with this standard because lots I and 8 have
been oversized to accommodate a structure and meet the setback.
14C
Chapter 9 Residential Standards
Staff: The proposed lots meet or exceed the minimum lot size, so therefore, this
approval criteria can be met as each lot develops.
Chapter 10 Off-Strest Parking, Loading and Driveway Standards
Staff: The applicants request is subject to Section 10.050 parking requirements
for single family, one and one-half spaces per dwelling unit. As each
building permit is issued, compliance with this standard shall be met.
Chapter 22 RS- Single Family Residential
Staff: The site is appropriately zoned for single family development, ff the
applicant chooses manufactured homes over stick built homes, the new
dwellings will have to meet the manufactured dwelling standards, Chapter
19, section 19.080. The applicant meets the minimum lot standards.
Chapter 39 Parkland Dedication
As a condition of approval of a final plat of a residential subdivision or the
issuance of a building permit for the construction of a residence, each developer
or buyer will be required to dedicate land for parks, or cash for the
development and acquisition of parks, or a combination of both at the option of
the City.
Staff:. The Woodbum Recreation and Parks Board has policy of requiring cash
payment on new developments.
V
COMMENTS FROM OTHER DEPARTMENTS:
Public Works - see attachment A
Fire Department - see attachment B
Building Department - see attachment C
VI
FINDINGS:
1. The appliCant is requesting preliminary approval of a 8 lot subd'wision.
2. The subject property is zoned appropriately for single family development.
3. The new lots will access a public street.
4. The applicant has met the goals and policies of the Comprehensive Plan.
5. The applicant has submitted the necessary documents as required by the
Subdivision Ordinance for preliminary approval of a subdivision.
14C
VII
DECISION:
Based on the findings in this report, staff recommends approval of this application
subject to the following conditions:
1. Meet Chapter 10 Off-Street Parking, Loading and Driveway Standards.
2. Comply with residential lot standards.
Comply with residential setback requirements and lot coverage standards.
Meet vision clearance standards for any proposed fencing. The applicant shall
indicate vision clearance triangle on corner lots.
Prior to final approval, the applicant will submit a copy of the proposed
conditions, covenants and restrictions to be recorded for maintenance of the
pdvate drive, if applicable.
o
Prior to any construction, a reproducible mylar of the final plat shall be filed with
the Public Works Department after all required signatures have been obtained
and the plat has been recorded with Marion County.
On-site construction shall not commence until the improvement plans have been
reviewed for compliance with subdivision and street width standards and
approved by the Public Works Department and all right-of-way permits, system
development charges have been paid.
Se
Upon accepte___h_le completion of all improvements to be maintained by the City,
the developer shall provide-the City a maintenance bond good for one year, in
the amount of 10% of the improvement cost.
Se
Pdor to building permit issuance the applicant shall submit one set of
reproducible as-builts.
10.
Prior to building permit issuance:
Comply with comments as submitted by Woodburn Public Works Department.
Comply with comments as submitted by Building Department.
Comply with comments as submitted by Woodburn Fire District.
14C
EXHIBIT "A"
The purpose of this Subdivision is to create 8 lots out of a 2.0 acre tract
of land (Tax Lot #5100). The existing tract of land is descn'bed as Lots 20
and 21 of Hall's Home Tracts. This proposed Subdivision would actually be
a replat of the 2 Lots mentioned. The property is zoned as Single Family
Residential. The proposed 8 lots being created will be for the construction of
single family homes. The proposed use complies with the standard use, as
allowed by Section 22.010 of the Woodbum Zoning Ordinance.
Sections 22.020 through 22.030 do not apply.
The proposed homes will be single story and will comply with Section
22.040.
The size of each lot has been specifically designed with the purpose of
complying with the minimum yard setbacks as defined in Sections 22.050
through 22.070. In addition, Section 8.040 requires a "special setback"
distance of 40' from the center of West Hayes St. This would require a
distance of 60' to the buildings on Lots 1 and 8. These have all been
provided for and will be complied with by the distances shown for in "Exhibit
B". Lots 4 and 5 have also been designed with an allowance for the
likelihood of a 10' drainage easement along their respective North lines, and
with additional room for building setbacks, as required.
Section 22.075 does not apply.
Each lot well exceeds thc minimum lot area and width requirements as
defined in Section 22.080.
The properties located immediately to the North and West are currently
undeveloped. Both of these properties arc also zoned (RS). The
development of the subject property would be in complete harmony with thc
future planned development of these properties. The properties to the South
are developed with single family homes which is consistent with the subject
properties' zoning and proposed development.
The property to the East is zoned (RM) and is developed as an apartment
complex. This property is surrounded by single family, homes on the North,
East, and South. Development of the subject property is in conformity with
the surrounding use and is allowed to be adjacent to the (RM) zoned
apartment complex.
The proposed Subdivision will create a public through street, which will
complement future development of adjoining properties. The public street is
designed to meet all City of Woodbum requirements for residential streets.
GENERAL
1.
o
SITE PLAN REVIEW
HAYES COZY SUBDIVISION
Randy Scott
Public Works
CONDITIONS
Final plans shall
Standards.
conform to the Construction Plan Review
Procedures and
The owner applicant shall be required to enter into an improvement agreement as
outlined in the Woodburn zoning Ordinance, Chapter III, Section 6.
Applicant is responsible for obtaining permits and/or approvals from other agencies
(county, state and/or federal).
Existing on-site water well or sewage disposal systems will be abandoned
according to state regulations.
This development will not block any natural drainage from surrounding properties.
All city maintained facilities on private property will require a minimum 16-foot wide
easement. Franchised utilities may require additional easements.
The subdivision shall be platted according to standard surveying practice and shall
be approved/recorded with Marion County.
Street lighting shall be provided by the applicant, as per Portland General Electric
Schedule "B" requirements.
All work shall conform to the City of Woodburn standards and specifications and
all state building codes.
14C
STREET
1.
Dedicate, for right-of-way purposes, a ten (10) foot wide strip along West Hayes
Street adjacent to this development. In addition, convey a 10-foot wide easement
for utilities and sidewalk bikeway improvements.
Improve West Hayes to city standards adjacent to this development. Improvement
to include street widening, storm drainage curb, sidewalk and asphalt surface
overlay.
Interior public street will provide 60-foot dedicated right-of-way, 34-foot wide paved
surface, sidewalks and curbs on both sides.
14C
sToRM SEWER
1. Existing drainage way shall be relocated within a 16-foot wide drainage easement.
e
Existing open ditch shall be eliminated and replaced with a 30" dia. concrete storm
sewer pipe; some cost share will be provided by the city.
e
Install storm sewer within 'Cozy Way" to West Hayes Street; extend also within
West Hayes St. improvement.
SANITARY SEWER
1. Sanitary sewer service can be provided asproposed by applicant. Place manhole
at north and south end. This will be a publicly maintained system.
2. Services to be installed with tracer wire.
WATER
1.
o
The water main will be city maintained facility and will extend to north boundary of
this subdMsion. The main will be 8" dia. In the future, the water main will loop to
the existing 8" dia. main within Kotka Street
Fire hydrants will be installed as per the Woodburn Fire District's and Woodbum
Public Works Department requirements.
Fire protection shall be as per the Woodburn Fire District's conditions of approval.
COZY HAY S. SPR
Memo To: Teresa Engeldinger, Planner
City of Woodburn
From: Bob Benck, Fire Marshal
Woodburn Fire District
Facility Name: Hoge Subdivision
Occupancy Class: R3
Build. Permit No. NA
Date: Feb. 14, 1996
SITE PLAN REVIEW COMMENTS
WOODBURN FIRE DISTRICT
A. ACCESS :
1. Exterior of Facility: To within 150 feet of all portions of the
exterior of all structures to be built. If the proposed public street dead
ends then a turn around provision must be made. Refer to attached
examples. Specific sizes as a minimum must meet the examples. If City
standards are greater, then those standards will be required. This turn
around must support the weight of Fire apparatus.
Z. To Interior of Facility: NA
B. BUILDING EXIT SYSTEM: NA
C. FIRE FLOW / WATER SUPPLY: 1OOO gpm based on Type VN
construction.
D. HYDRANTS:I hydrant located within 250 feet by drivable mute of all
properties.
E. SPRINKLERS / FDC : NA
F. ALARM SYSTEM : NA
1776 Newberg High. way
Woodburn, Orego7. 97071
Site Comments Continued:
G. PREMISE IDENTIFICATION : Address must be posted during
construction with permanent address visible from the public way upon
completion. Address should be a minimum of 3 inches in size and be of
contrasting background.
H. ocCUPANCY/ SPECIAL OCCUPANCY REQUIREMENTS: NA
I. BUILDING SIZE & LIMITATIONS/ TYPE OF CONSTRUCTION: As
required by City Standards.
J. FIRE & LIFE SAFETY REVIEW REQ.: NA
K. SPECIAL COMMENTS: None
COMPLIANCE WITH THESE REQUIREMENTS [)j~_j~[(~ CONSTITUTE
PERMISSION TO BUILD. BUILDING PLAN REVIEWS BY MARION
COUNTY BUILDING DEPARTMENT AND OR CITY OF WOODBURN MUST
BE COMPLETED,AND PERMITS OBTAINED.
1776 Newberg Highway
Woodburn, Oregon 97071
EXAMPLES'OF TURNAROUNDS
301
45'
1776 Newberg Higt~way
Woodbu rn, Oregon 971)71
SUBDIVISION/SITE PLAN REVIEW -- PRE-APPUCATIONI NOTES
REaUEST DATE=
CONTACT PERSON: Teresa Engeidinger, Planning Dept,
APPLICANT: )~)~'~Y., e_
~PE OF PROJECT: ~ [o~
PROJECT LOCATION:~ ~ ~~ ~~ ~S~ o~ ~[ ~ ~.
CONFERENCE
PLACE: Conference Room DATE: , ~ TIME:
Woodburn Ci~ Hall
14C
DEPARTMENT:
982-5246
GENERAL INFORMATION TO APPLICANT
I have read the information sheet provided me end understand that which is pertinent to my Site
Plan Review/Pre-Application request. All materials are to be collated and folded.
Signature - Owner/Agent
DEPARTMENT COMMENTS
I
THE FOLLOWING IS REQUIRED AFTER PRE-APPLICATION CONFERENCE:
1) Eight (8) copies of Final Plan must be brought into Public Works
2) "As Builts" must be provided prior to issuance of the building permit
SPRPRE.FN
TO:
FROM:
SUBJ.:
DATE:
MEMO
Mayor and City Council
Chris Childs, City Administrator ~,~
Manaaement Chanae - Code Enforcement Proqram
March 21, 1996
15A
This is to advise you that I am administratively shifting responsibility for the
Code Enforcement Division from the Community Development Department to the
Police Department. Effective date of this transfer will be Monday, July 1, 1996 to
provide for budgetary consistency and to allow reasonable time for revision of
Standard Operating Procedures and other transitional details to be accomplished in an
orderly manner.
While some economies of scale may be realized, there will also be some added
costs to the city in making this change. Prior to the adoption of the 1996-97 budget
by the governing body (in June), I will provide appropriately reconfigured portions of
the budget to reflect the shift to the Police Department. Until that time, funding for
code enforcement activities will be 'off the table' as far as the budget committee is
concerned.
The most problematical concern in making this change is the issue of front line
staff 'answering to two different bosses' representing markedly different disciplines.
While mutual cooperation is expected of all city departments, the one distinct area
where joint responsibility and technical coordination will be required of the two
departments concerns overcrowding. Otherwise, there is an important distinction to
be drawn between general "ordinance' enforcement and 'zoning" ordinance
enforcement.
General "ordinance officer" work, which will be the responsibility of the Police
Department, includes a variety of areas contained in various city ordinances, such as
obnoxious vegetation, animal control, abandoned cars, business license enfo. rcement,
park rules, etc. Those areas that are mandated by state land use laws, specifically
governed by the Woodburn Zoning Ordinance, and are clearly technical "zoning"
violations, will remain with the Community Development Department, This will
preserve some degree of continuity for the Planning and Building divisions, as well as
concentrate the enforcement responsibility in the hands of those with the proper
expertise to deal with these issues. Prooerlv ensuring this continuity is primarily what
may create some added expense to the city.
This change is not to be taken as any reflection on the Community
Development Director, who has very capably administered the code enforcement
program in the best interests of both the city end the department for the past seven
years. Much has been accomplished during that time. It is simply felt that this
change is merited at the present time in light of increasing workloads and changes in
circumstances since the program was similarly administratively configured in its
present form in 1989.
As part of the transition process, I will be requesting a meeting in the near
future with the Chief of Police, Mayor and Council President to discuss the parameters
of reasonable expectations for the newly reconfigured program as well as to clarify
chain of command issues.
15A
CC:
Chief of Police
Community Development Dir.
MEMO
15B
TO: City Council through City Administrator
FROM: Public Works Program Manager
SUBJECT:
DATE:
Maintenance of Gravel Streets
March 19, 1996
During the council workshop on unpaved streets staff was asked to provide some
information on general standards and maintenance costs for gravel streets in
Woodburn.
Due to the wide variety of conditions, gravel surface and subsurface conditions, and
weather factors there are no strictly defined standards used for the maintenance of
an unpaved street. Engineering literature states that maintenance operations should
be conducted on an "as required" basis. The decision on when maintenance should
be conducted is left to the front line supervision where knowledge of the street and
its construction would best lead to a proper decision on when grading should be done.
This is how the city conducts its maintenance operation with the street
superintendent determining when grading is conducted.
There are standards for time required to complete the grading operation and city
operations are roughly in line with these standards. These standards were developed
for rural roadways and city operations can be expected to take slightly longer due to
shorter stretches of road and time to move between locations. The city maintains the
street by grading the street surface and spreading gravel as required. The cost
associated with dust control measures on the gravel streets are absorbed by the
property owners.
Street division records indicate that during 1995, the Street Shop expended a total
of $8,262 for gravel street maintenance activity in the city. This included 159
personnel hours. It was estimated that equipment allocation costs were $4,582.00
and that $500.00 was spent on material. The city maintains over 2.5 miles of gravel
street, therefore cost per mile would be approximately $3,300 per year.
The cost figures for 1995 are provided because it was an average year in regard to
maintenance requirements. The current year, 1996, will probably require more effort
due to the unusual, weather conditions experienced in the past two months.
Reassessment, as a result of the recent flooding situation, has forced staff to evaluate
the possibility of installing sub surface storm drain pipe on most high priority gravel
streets. City Council has not established any priority for the gravel streets.
cc: Gravel Street File
Street Superintendent
C:\rand y\mernos\rnaingr.st:b w
DATE:
TO:
THRU:
FROM:
SUBJECT:
Memo
March 20, 1996
City Council.
Public Works Director.
Assistant City Engineer.
Manhole Instali~on at Harrison and Alley
15C
This is an update of progress for subject project; council authoriZation was given January 22, 1996.
Bob's Backhoe has project documents and should return them signed to City during week of March
18, 1996. The mayor will then be requested to sign documents and the Notice to Proceed will shortly
follow.
The project does not have an exact start date, but it should begin by the end of March, or early April
1996.
Twenty-one days have been allocated to do the work. The east-bound lane of Harrison between 1 st
and From will be dosed for seven dan out of the total oftwenw_ -one.
C:'~nxf~ts~95~5729~m.~