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Agenda - 08/28/1995 CITY OF WOODBURN 270 MONTGOMERY STREET **** WOODBURN, OREGON AGENDA WOODBURN CiTY COUNCIL August 28, 1995 - 7:00 P.M. A. Council minutes of August 14, 1995 regular and executive meeting. B. Planning Commission minutes of August 10, 1995. APPOINTMENTS: ANNOUNCEMENTS: A. Council workshop: Transportation Plan Wednesday, September 6, 1995, 7:00 p.m. at Woodburn City Hall. B. Public hearing: Transportation Plan - September 25, 1995, 7:00 p.m. at Woodburn City Hall. C. Public hearing: Annexation of 1.8 acres located west of Brown Street and south of Warren Way. D. Public hearing: Annexation of 14 acres located east of Brown Street. E. Public hearing: Annexation of 5.71 acres located west of S. Boones Ferry Rd. PROCLAMATIONS F. Neighbors Make The Difference Day, September 20, 1995. A. Chamber of Commerce B. Other Committees A. Letter from Scott Spence, Student Intern. ("¥i~i""~'"~'iio~"~Ns~-'-~"~'~i~li'~'~' t'~ i~"~:0"~J'u'"'~:'e items for Council consideration not already scheduled on the agenda.) A. City of Woodburn Supplemental Budget for Fiscal Year 1995-96. 4F Page I - Council Agenda, August 28, 1994 6A ~A 10: 11. 12. 13. 14. 15. 16. 17. 18. A. Council Bill No. 1660 - Ordinance adopting a supplemental budget for fiscal year 1995-96. 10A B. Council Bill No. 1661 - Ordinance approving the application in Site Plan 95-10 to allow for development of a service station and car wash. 10B C. Council Bill No. 1655 - Resolution setting the amount of TIF fees for a sub-category of land use. 10C D. Council Bill No. 1662 - Resolution authorizing redemption of 1978 General Obligation Water Well Bonds. 10D E. Council Bill No. 1663 - Resolution establishing depositories for City funds. 10.E. F. Council Bill No. 1664 - Resolution authorizing interdepartmental borrowing of funds during fiscal year 1995-96. 10F. G. Council Bill No. 1665 - Resolution entering into an agreement with the Salem Area Transit District for FY 1995-96. 10G H. Liquor license application: La Michoacana. 10H 101 I. Sound amplification request. A. Acquatic Center Update. B. Human Rights Commission. C. City Investment Report. 15A. 15B 15C Page_ 2 - Council Agenda, August 28, 1994 3A COUNCIL MEETING MINUTES August 14, 1995 TAPE 0001 DATE. COUNCIL CH~,MBERBt CITY HALL, CITY OF WOODBURNt COUNTY OF I~%RION~ STATE OF OREGON, AUGUST 14~ 1995. 0003 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. 0013 ROLL CALL Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Absent Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Asministrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Finance Director Gillespie, Police Chief Wright, Library Director Sprauer, Intern Scott Spence, City Recorder Tennant 0025 0032 JENNINGS/PUGH .... approve the regular and executive session Council minutes of July 24, 1995; and accept the Planning Commission minutes of July 27, 1995. The motion passed unanimously. Administrator Childs requested that another staff report be added to the agenda (item 15(C) regarding the city's input into the Statewide Transportation Improvement Program. 0051 aNNOUNCEMENTS. Mayor Kirksey advised the Council that Larry Watson will be moving to Salem, therefore, he will be resigning from the Park Board. citizens interested in serving on the Park Board are urged to submit an application to the Administrator's office. The Oregon Department of Transportation (ODOT) Statewide Transportation Plan hearing will be held at the Salem Public Library on Tuesday, August 15th, between 4:30 pm and 7:30 pm. A van will be leaving from city Hall at 4:00 pm to take interested officials, businessmen, and citizens to the hearing. The Cable TV Advisory Board will hold a public hearing on the North Willamette Telecom application on Wednesday, August 23, 1995, 7:00 p.m., in the city Hall Council Chambers. Page i - Council Meeting Minutes, August 14, 1995 TAPE READIN_ G O09~L 0160 0312 3A COUNCIL MEETING MINI~ES August 14, 1995 A public hearing on a proposed 1995-96 Supplemental Budget will be held before the city Council on Monday, August 28, 1995, 7:00 p.m., in the City Hall Council Chambers. ~w__aw~_~R__ OF CO__~N~RCE REPORT. Joann Beck, representing the Chamber of Commerce, advised the Council of the following scheduled events: 1) "Chamber at the Drags" will be held on Wednesday, August 16th, 5:00 p.m.. Admission price is $5.00 which includes food, beverage, and an opportunity to drive a high-performance car. 2) The next Greeter's program will be held on Friday, August 25th, 8:00 a.m., at the Holiday Inn Express. This program provides the business community with an opportunity to meet their business neighbors and welcome new businesses into the community. She also advised the Council that, during the last legislative session, the Chamber of Commerce had supported the light rail project. Barbara Lucas inquired as to when the Council would be taking some action on increasing sewer rates so that she would be able to get the information out to the public. She also questioned if there had been a selection of an engineering consultant to do the design phase of the new treatment plant facility. Public Works Director Tiwari stated that the Council has approved a preliminary wastewater facil%ties plan whic~ has been submitted to the Department of Environmental Quallty (DEQ) for review. There continues to be interaction between staff members of the City and DEQ since the submittal of the plan. The staff is working on formulating rates that would be applicable in November, however, there are several complications involved with the change from flat rate to an average for winter rate. In regards to the consultant issue, there has been some discussion on this issue among staff, DEQ staff, and the consultants on the Facilities Plan. Staff is also beginning to evaluate the merits of preparing a Request ~or ProDo~al which may be more desirable from ~he community's perspective, however, there will be added costs and delays that need to be considered before a final decision is made on soliciting for proposals. Tom Waggoner, 849 Woodland Ave., expressed his appreciation to the City and Parks Dept. for installing a fence at Burlingham Park. He also suggested that some old power poles or something similar be placed in front of the fence in the parking area in order to provide a barrier between the fence and cars. Page 2 - Council Meeting Minutes, August 14, 1995 3A COUNCIL MEETING MINUTES August 14, 1995 TAPE READING 0341 Mayor Kirksey expressed her thanks to community for their participation in the VJ day activities on Saturday, August 12th. A special thanks was extended to John Dickenson, Barbara Lucas, Colleen Rehm, and the Wilhites who helped organized the event. She also read an excerpt from an article in the News & Views written by Reiko Snively who lived in Japan at the time of the bombing. 0434 CONTINUATION OF PUBLIC ~RING - SITE PLAN #95-10, LAPOINT T~F%CO GAS STATION BRD CARWASH. The Mayor continued the public hearing at 7:17 p.m.. Community Development Director Goeckritz reviewed the staff's response to the letter submitted by the opponent's attorney at the July 24th hearing, s~mmarized as follows: 1) The application did not include specifics on type, color or texture of exterior surfaces, however, it did state that "the design will be based upon the architectural style developed by recent projects". Staff assumption was that it would be the same as all other Texaco stations and the staff report did contain illustrations of what the structure would look like and the type of siding. 2) The Sign Plan originally submitted by the applicant was rejected in part and will be resubmitted for staff review and approval. The approval is an administrative decision provided that they are within the established guidelines of the Sign Ordinance. 3) The Solar Access issue was mentioned in the applicant's staff report that "the buildings have been sited so that it does not cast shadows on any adjacent properties solar access". The Planning staff agreed with the applicant's statement and it was decided that shadow patterns was not an issue since the one-story building would have to cast a shadow over 280 feet prior to casting a solar shadow on an adjacent structure. 4) In regards to the appellant's reference to the Zoning Ordinance Section 29.030(a)(1), the City requires development areas to be paved and the staff report so indicates that the applicant must comply with Chapter 10 of the Zoning Ordinance. 5) In regards to Off-Street Loaning Bays, the g~aff a~r~ that this particular section of the Zoning ordinance is not very clear and subject to various interpretations. He recommended that the Council require the applicant to have a loading bay if the Council decides to approve the application. 6) The Woodburn Zoning Ordinance (chapter 30) designates a service station as a permitted outright use within the commercial general zone. Director Goeckritz stated that, in his opinion, the applicant has submitted adequate information to meet the site plan review process. Additionally, the applicant is willing to meet the conditions imposed by the Planning Commission and Page 3 - Council Meeting Minutes, August 14, 1995 3A COUNCIL MEETING MINUTES AUgust 14, 1995 TAPE READING that the traffic study is adequate as determined by ODOT and city staff. 0827 Dale Crandall, attorney representing the applicant, stated that the applicant is willing to accept a condition that an off-street loading facility be provided even though there will not be a lot of loading/unloading involved at the service station. He also agreed that there is ambiguity within the zoning ordinance on this issue and the applicant is willing to take whatever action is required by Council. He assured the Council that the colors of the structure are the Texaco colors and the structure will not cast shadows that would infringe on an adjacent properties from utilizing solar collectors that would make them ineffective. The proposed business is included in the commercial general zone and the traffic study has been approved by both the city and ODOT. 0956 1020 1086 Mayor Kirksey read a letter from George Brice III urging the Council to deny the appeal and allow the applicant to develop the property into a business which is an outright use allowed by the zone code and approved by the Planning Commission. Tom Burg, 2211 Country Club Rd., spoke in favor of the proposed development. He stated that the traffic problems will take a long time to solve and development of businesses should not be curtailed if the traffic study meets the approval of the State and city. Vance Croney, Attorney representing Barry Sullivan & Dale Baker (Appellants), submitted another letter for the record in support of the appeallant's continued opposition to the Texaco Gas Station and Car Wash site plan. He stated that Mr. Baker's calculations of trips per day (916) were based on 18 hoses even though there may only be ? p.um. ps. He agreed with Director Goeckritz that there is ambiguity in the Zoning Ordinance, however, he contended that. the site plan must be drawn to scale if an off-street loading bay is used, otherwise, the conditional use process must be followed. He also expressed his opinion that the staff's recommendation for conditioning approval of the application on siting off- street loading is not applicable since applying a condition at this time would require a conditional use procedure. Mr. Croney requested that the record be kept open for an additional 7 days in order to allow him time to submit additional material. 1247 Attorney Crandall stated that he had nothing more to add during rebuttal. Page 4 - Council Meeting Minutes, August 14, 1995 TAPE READING 1329 1450 1628 COUNCIL MEETING MINUTES August 14, 1995 The Council questioned staff if other gas stations in the area have off-street loading areas. Director Goeckritz stated that he could not recall other stations built in more recent years having the off-street loading areas. The Council discussed with Attorney shields the options available to the Council regarding the closure of the hearing and keeping the record open for additional testimony. Mayor Kirksey declared the public hearing closed at 7:45 p.m.. Attorney Shields stated that the hearing could be closed for receiving public testimony, however, the request to keep the record open for 7 days is a separate issue. If the record remained open, then all parties can submit additional documents for Council consideration. Councilor Jennings expressed his opinion that the traffic impact relating to this particular development will not be as important since the amount of freeway traffic exiting to Woodburn for fuel will remain about the same. There may be some additional traffic to the gas station from local residents. The property is currently zoned commercial general and the proposed gas station is an outright use for this property. Additionally, he did not advocate keeping the record open as requested by the appellant's attorney. Councilor Pugh agreed with Councilor Jennings in that the gas station is a permitted use in the commercial general zone and the city has a responsibility to live within the boundaries set by the zoning ordinance. In his opinion, the traffic impact is an unknown issue, however, changes to the traffic flow on Lawson St. need to be addressed in order to divert traffic to Evergreen Road. Councilor Jennings suggested that, at a later date, staff review the ordinance and bring back recommended changes for Planning Commission and Council consideration. Councilor Sifuentez stated that she felt that applicant has followed the rules and the application should be approved. councilor Chadwick agreed with the statement made by Councilor $ifuentez. JENNINGS/PUGH .... the request to keep the record open for 7 days be denied. The motion passed unanimously. JENNINGS/SIFUENTEZ .... direct staff to prepare an ordinance with findings of fact to approve the application from Mr. LaPointe to build a new service station. The motion passed unanimously. 3A Page 5 - Council Meeting Minutes, August 14, 1995 3A 1675 1779 1868 COUNCIL MEETING MINUTES August 14, 1995 COUNCIL BILL 1653 - ORDINANCE ~N~D. INg ORDINANCE 1638. THE ~NTM~aL_ CONTROL ORDINANCE. TO ~DD A SECTION PROHIBITING ~N OWNER FROM ~LOWINg ~ DOG TO DEPOSIT WASTE MATT~K. Council Bill 1653 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1653 duly passed with the emergency clause. Councilors Jennings and Pugh stated that animal owners need to take more responsibility for their animals which includes picking up dog waste matter. co~NcIu BILL Z654 - ORDINANCE ~NDINg ORDINANCE R~G~DINg TRAFFIC IMPACT FEES ~ 8YST~ D~LOP~ C~GE8 TO ~ntOW FOR ~ ~T~TI~ Councilor Hagenauer introduced Council Bill 1654. Recorder Tennant read ~e two readings of the bill by title only since there were no objections from the Council. Councilor Jennings stated ~at this particular ordinance did not lower any Traffic Impact Fees or System Development Charges, however, it did lower the ceiling amount which dete~ines whether or not they are eligible to pay for these development costs over a peri~ of time. On roll call vote for final passage, Council Bill 1654 passed unanimously. Mayor Kirksey declared the bill duly passed with the emergency clause. COUNCIL BILL 1655 - RESOLUTION SETTINg THE AMOUNT OF THE TRAFFIC IMPACT FEE FOR a SUB-CaTEgORY OF I.~ND USE R~vIS~D BY THE CITy ENGINEER. Council Bill 1655 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Public Works Director Tiwari stated that the proposed bill would add a sub-category for a small limited-use sit down restaurant with the Traffic Impact Fee (TIF) assessed on a "per-seat" charge. The City Engineer would decide if this sub-category would apply and, if so, the developer would make a choice on which TIF they will pay. The TIF ordinance does have an appeals process in the event there is a dispute between the developer and staff as to the amount of the TIF. Councilor Jennings expressed concern as to the definition of "small" since one person's view of this definition will be different from another person's definition. Director Tiwari stated that this Resolution was brought before the Council as a technical issue only and there has been no request from a developer to establish this sub-category. Page 6 - Council Meeting Minutes, August 14, 1995 ¸3A COUNCIL MEETING MINUTES August 14, 1995 TAPE READING JENNINGS/PUGH .... Resolution be returned to staff for a re- write as to the definition of what a small sit-down limited use restaurant is. The motion passed unanimously. 2160 COUNCIL BI~ 1656 - RESOLUTION &UTHORIZING THE CITY'S w~wS~ERSHIP IN CITY;COUNTY INSUI!_aNCE SERVICES TRUST FOR WOOFERS' COMPENSATION INSURANCE, Councilor Hagenauer introduced Council Bill 1656. Recorder Tennant. read the bill by title Only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1656 duly passed. 2182 2258 COUNCIL BILL 1657 - RESOLUTION C~LLING FOR PUBLIC HEARING ON ~NN~%TION OF 5.71 aCRES LOCATED WEST OF B. BOONES FERRY RO~D. Council Bill 1657 was introduced byCouncilor 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 the bill duly passed. The public hearing is scheduled for Monday, September 11, 1995, 7:00 p.m., in the City Hall Council Chambers. COUNCIL BILL 1658 - RESOLUTION C~LL~NG FOR PUBLIC a~ING ON ~___wNE_~aTION OF 14 aCReS LOCATED E~ST OF BROWN STREET. Councilor Hagenauer introduced Council Bill 1658. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1658 passed unanimously. Mayor Kirksey declared the bill duly passed. The public hearing is scheduled for Monday, September 11, 1995, 7:00 p.m., in the city Hall Council Chambers. 2292 COUNCIL BILD 1659 - RESOLUTION C~L~ING FOR PUBLIC HF~RING ON THE ~_.~TION OF 1.8 ~CRES LOCATED WEST OF BROWN STREET ]%ND SOUTH OFFARREN W~Y. Council Bill 1659 was introduced by Councilor Hagenaner. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared the bill duly passed. This public hearing will also be held on Monday, September 11, 1995, 7:00 p.m., in the City Hall Council Chambers. 2327 REOUEBT FOR PEa_MISSION TO USE SOUND ~/~PLIFICATION. The Centro Cristiano Church has requested permission to use sound amplification equipment for an outdoor church service on August 19, 1995, 2:00 pm - 8:00 pm, in the City's Library Park. The staff has recommended that the application be approved for the date and hours requested. Page 7 - Council Meeting Minutes, August 14, 1995 TAPE READING 2342 2402 2571 2578 COUNCIL MEETING MINUTES August 14, 1995 JENNINGS/SIFUENTEZ .... approve the sound amplification permit for Centro Cristiano Church to be held at Library Park on August 19, 1995 from 2:00 pm - 8:00 pm. The motion passed unanimously. BID AWARD #96-02 -- STANDARD SIZE PICg-UP FOR COD~ ENFORCEMENT. Bids were received from the following vendors: Colvin Auto Center, $12,330.38 (1996 Ford); Colvin Auto Center, $13,498.35 (1995 Ford);.Hillyer's Ford, $13,500.00 (1995 Ford), and Capitol Chevrolet, $13,194.00 (1995 Chevrolet). Staff recommended the acceptance of the low bid which exceeds the bid specifications. JENNINGS/HAGENAUER .... accept the low bid from Colvin Auto Center in the amount of $12,330.38. The motion passed unanimously. BID AWARD #96-01 -- SMALL PICK-UP TRUCK FOR BUILDING DIVIB~0N. Bids were received for a small extended cab pick-up from the following vendors: Capital Chevrolet, $12,750.00 (1993 Chevrolet); Hillyer's Ford, $14,229.00 (1996 Ford); Capital Chevrolet, $14,534.28 (1995 Chevrolet); Colvin Auto Center, $14,652.00 (1996 Ford); Cascade Chevrolet, $14,973.00 (1995 Chevrolet); and Colvin Auto Center, $15,197.00 (1995 Ford). Staff recommended that the low bid from Capital Chevrolet be rejected since it did not meet bid specifications in that the mileage on the vehicle exceeded 10,000 miles and the vehicle year was not a current or previous year model. HAGENAUER/SIFUENTEZ .... approve the bid from Hillyer's Ford in the amount of $14,229.00. HAGENAUER/SIFUENTEZ .... amend the motion to include the rejection of the low bid submitted by Capital Chevrolet since it did not meet bid specifications. The motion to amend passed unanimously. The motion as amended also passed unanimously. ACCEPTANCE OF UTILITY F~SEMENTS - MILES CHEVROLET SITE. Staff recommended the acceptance of utility easements for sanitary sewer located on the new Miles Chevrolet site (Highway 219/Woodland Ave): 1) a temporary easement on an existing system; and 2) a permanent easement to cover relocated line. JENNINGS/SIFUENTEZ .... utility easements from Robert Miles be accepted. The motion passed unanimously. CLAIMS FOR THE MONTH OF JULY 199s, SIFUENTEZ/PUGH .... approve voucher checks ~28058 - 28375 for the month of July 1995. The motion passed unanimously. Page 8 - Council Meeting Minutes, August 14, 1995 COUNCIL MEETIN~ MINUTES AUgust 14, 1995 TAPE READING 260~ SITE PLaN R-~VIEW ~95-15 -- MEDIC_~L CLINIC IN NORTHWOOD PLAZa. No action was taken by the Council on this site plan. 2639 2768 Tape 2 STAFF REPORTS. (A) Building Report for July 1995 -- Director Goeckritz stated that building permits issued in July will provide over $2.5 million in additional value within the city. (B) Heating, Ventilation, & Air-Conditioning System (HVAC) -- The majority of the City Hall HVAC replacement project is completed and adjusting air-flows will be done over the next two weeks prior to a final inspection. (C) Statewide Transportation Improvement Program Public Meeting -- The staff prepared a letter for the Mayor's signature which will be presented to ODOT at the hearing outlining the City's needs for road improvements over the next several years and urging ODOT to include at least the ~1 priority (I-5 modification and Hwy. 214 widening between Woodland and Cascade Drive) on their plan. The public was reminded that the hearing will be held on Tuesday, August 15th, 4:30 pm to 7:30 pm, at the Salem Public Library. Councilor Jennings complimented the Mayor, Barbara Lucas, and John Dickenson for their work in putting together the VJ Day celebration which was one of the nicest celebrations for the ending of World War II 50 years ago. He stated that Saturday's session was not well attended but it was enlightening and those who attended the dance Saturday evening had a lot of fun. On Sunday morning, a memorial service was held at the Settlemier House. He suggested that a thank-you letter be sent to the American Legion and to Barbara Lucas for their work on this project. Councilor Sifuentez stated that she enjoyed the dance and was glad that she had an opportunity to participate in the activities. Councilor Pugh stated that this celebration is a very special time since most people who actually lived through the World War II era will no longer be here during the 75th year celebration. Councilor Pugh also urged the staff to get the sound system fixed as soon as possible so that the public can hear what is being said over the Cable Access station. He also thanked Barbara Lucas for her article in the newspaper about VJ Day. 0114 EXECUTIVE SESSION. Page 9 - Council Meeting Minutes, August 14, 1995 TAPE READING 0130 0~30 3A COUNCIL MEETING MINUTES August 14, 1995 JENNINGS/HAGENAUER.. adjourn to executive session under the authority of ORS 192.660(1)(h) to consult with counsel regarding current litigation and ORS 192.660(1)(e) to conduct deliberations with persons designated to negotiate real property transactions. The motion passed unanimously. The meeting adjourned to executive session at 8:34 p.m. and reconvened at 9:47 p.m.. No action was taken by the Council following the executive session. JENNNGS/SIFUENTEZ .... meeting be adjourned. .The motion passed unanimously. The meeting adjourned at 9:48 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder city of Woodburn, Oregon Page 10 - Council Meeting Minutes, August 14, 1995 3A Executive Session COUNCIL MEETING MINUTES August 14, 1995 DATE, CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 14, 1995. CONVENED. The Council met in executive session at 8:40 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Absent Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Scott Spence, City Recorder Tennant Press: Shelby Case, Woodburn Independent The executive session was held under the authority of: 1) ORS 192.660(1)(h) 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; and 2) ORS 192.660(1)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. Mayor Kirksey reminded the Councilors, staff, and press that information discussed in executive session is not to be discussed with the public. Attorney Shields provided the Council with updates on the pending litigation of Mar-Dene Corp. v. City of Woodburn. City Administrator Childs provided the Council with information regarding a potential real property transaction. ADJOURNMENT. The executive session adjourned at 9:45 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, August 14, 1995 3B MINUTES WOODBURN PLANNING COMMISSION AUGUST 10, 1995 1) 2) 3) ROLL CALL: Chairperson Vice Chairperson CommIssioner CommissIoner Comm,ss~oner Commissioner CommissIoner Commissioner Commissioner Mrs. Warzynski Present Mrs. Bjelland Present Mrs. Henkes Present Mrs. Schultz Present Mrs. Davis Absent Mr. Atkinson Absent Mr. Will Present Mr. Palmer Present Mr. Frawley Present Staff Present: Steve Goeckritz, Community Development Director MINUTES: The Planning Commission minutes of July 27, 1995 were accepted with the correction from Commissioner Will on page 3 regarding the storm/sanitary sewers stating he asked staff for an report from Western Engineering before this development was brought before the Planning Commission. BUSINESS FROM THE AUDIENCE: Salvador's Restaurant Joanne Beck, attorney, representing Salvador Larios, who is proposing to open a restaurant downtown. He made his ideas known to the Woodburn Downtown Association (WDA) and they made some recommendations to Mr. Larios. WDA has signed that this proposal is ok with them. Commissioner Palmer asked if the removal of the door/window bars was going to be a standard for the downtown. Staff answered the WDA has taken the position that they do not want to give the downtown area a barricaded look. Mrs. Beck stated that the WDA is trying to restore some of the historic PCM\PCM8-10.95 SG:bw 3B buildings downtown and make it look nice and mesh this with the businesses of the hispanic community, Staff stated that the WDA is tied to the Woodburn Planning Commission through the Woodburn Zoning Ordinance, Chapter 40, Downtown Historic District. The Planning Commission reviews these proposals and can reinforce the recommendations of the WDA.- Ms. Beck is here to convey to the Commission the WDA wishes in regards to this building and to look for conformation, acknowledgement and approval by the Planning Commission. Commissioner Henkes asked if there could be a lot of damage when a building is power washed. Ms. Beck answered that the outside of the building is aggregate and power washing pressure can be adjusted. Commissioner Palmer asked about item 4 in the report regarding painted window signs. Ms. Beck stated that he is proposing to have a nice sign painted on the inside of the window. Commissioner Schultz stated that she would rather see a permanent sign on the exterior rather than any sign painted on the window. Ms. Beck answered that the ordinance reads that if there are any changes to the outside of the building requires more consideration. She felt it is appropriate for a restaurant to have a window sign and the WDA felt so too. The awning will remain but Woodburn Office Supply sign will be covered up. Commissioner Schultz asked if the sign takes up the whole window or half the window. Ms. Beck stated that she could not answer that. As she recalls the front window is rather short and high up on the window. Commissioner Frawley stated that the sign on the restaurant at Mall §DE is painted on the window and it looks fine. Commissioner Schultz moved that the Commission accept recommendations from the Woodburn Downtown Association. the Commissioner Will seconded. PCM\PCM8-10.95 SG:bw 2 3B 4) A vote was taken and the motion passed. COMMUNICATIONS: 5) 6) None PUBLIC HEARINGS: None DISCUSSION: A. Draft Transportation Plan Staff presented an overview of the plan. He stated that this plan is a draft. This document establishes the base work and the rational for the city to proceed with street and highway improvements. Commissioner Palmer stated that he was concerned that the interchange is scheduled 10 years down the road, he felt that this should be the first item. Until the interchange area is straightened out we have a mess. Staff stated that the Statements Journal newspaper article might be a little premature as it relates to Woodburn receiving 2.1 million. There is the possibility that this could end up going to a vote of the people, it could be tossed out by the legislature at the next session. There is no guarantee that this money will be there. He stated that the Transportation Task Force has taken the position that the money is not there. If it comes in good, the transportation program needs to be looked although this money does not exist. Staff stated that the realignment of Country Club Road and the extension of Evergreen Road has helped traffic flows in this area. Each step taken will improve the area a little at a time. The city cannot afford to do everything at once. Frank Tiwari, Public Works Director, stated he was available for any questions the Commission had. Commissioner Palmer stated that he heard Wilsonville was doing their improvement on their own with their money. Mr. Tiwari answered that he is not fully aware of how they are doing it but he can assure the Commission that even if you have the money to complete PCM\PCM8-10.9$ SG:bw 3 3B everything the state would not allow you to go ahead and build an interchange or install a traffic light. It has to meet the state criteria. He stated that the split diamond has been the first priority of the Transportation Task Force so it will be able to serve the traffic on the south east side. This will help get the traffic count down on Hvvy 214. Commissioner Palmer stated that he still felt that this should be the first priority. Staff stated that the split diamond is there to relieve Hvvy 214. The models show us that this would relieve the traffic flow on Hwy 214. Although it will continue to increase, it will relieve it by about 25 to 30 percent. Mr. Tiwari stated that everyone agrees that this is a very high priority project. But there are two things, 1) the amount of money involved and 2) the rules, state as well as federal, that have to be followed. Commissioner Schultz asked what can be done to improve Hwy 214 until this project can happen. Mr. Tiwari answered that it is going to be a high priority to widen and increase the stacking area. A signal on the east side of the freeway ramps. Commissioner Schultz had some concerns about the driveway access on Hvvy 214 at Fairway Plaza. She stated that cars try to go every direction while Hwy 214 traffic is trying to get into the left turn lane at Evergreen. Mr. Tiwari stated that maybe it should be a right turn only. Staff could talk to the state regarding that issue. He had some further discussion regarding the state highway improvements, and sidewalks next to curbs. There was further discussion regarding sidewalks and accessments between Commission members and Mr. Tiwari. Commissioner Frawley asked if any of the business would be displaced with the widening of Hwy 214. How many feet of right of way would there be7 Mr. Tiwari answered about 20 feet for each side plus at least 10 feet of easement. Staff stated that some of the businesses have already started negotiations regarding property. Some are planning to relocate on the property. They are already anticipating this change. PCM\PCM8-10.9 $ SG:bw 4 3B Commissioner Frawley asked about the Kentucky Fried Chicken since it was so close to the road now. Mr. Tiwari answered that is the only building close to the highway. The gas stations are already looking at moving there facility around to accommodate the new law regarding underground tanks. Commissioner Frawley asked if the businesses are going to pay for all the cost of moving, etc. or will the city have to kick in some funds? Mr. Tiwari answered that most of the business are already planning on the changes and it will be their expense. In the case of KFC it will have to be negotiated as to what will take place. Commissioner Bjelland stated that she was opposed to Senior Estates being grandfathered and not required to have sidewalks. While the Commission is saying to the rest of the city you will put in sidewalks and we will be assessing you. She felt that this is discriminatory and she hopes that someone challenges that. She has mixed feelings about the curbline or property line sidewalks. Some places along 99E where there is a strip that has to be maintained looks terrible. She had several things that she did not agree with. Staff stated that these are recommendations, if the Commission does not agree with the policies that are to be implemented into the Zoning Ordinance, Subdivision Ordinance or the Comprehensive Plan you need to let staff know and staff in turn will send the Commission suggestions along with the recommendations to the City Council. There was further discussion regarding the draft transportation plan. Staff stated that after the Commission makes their suggestions to the City Council and City Council approves the recommendations and suggestions the plan then goes to the state for their approval. Commission members felt that the TIF fees were too Iow. Staff stated that the Commission could make raising the TIF fees as one of the recommendations to City Council. There was a feeling among many members TIF fees should be raised. The amount received at this time is inadequate to get future highway improvements done. PCM\PCM8-10.95 SG:bw 5 3B 7) 8) 9) REPORTS: A. Building Activity for July, 1995 BUSINESS FROM THE COMMISSION: None ADJOURNMENT: There being nor further business the Planning Commission meeting adjourned at 8:30 pm. PCM~PCM8-10.95 SG:bw 6 CITY OF WOODB. URN 270 Montsomery Street i- Woodbum, Oregon 97071 (503) 98~2-5~2~ ~DD _(503! 982-~433. · FAX (503)982-5244 .... 4F PKOCLAMATION HE, IG~O~ MAKE THE DIFFEKENCE DAT volunteers provide a spirit of goodwill that multiplies in value when each neighbor reaches out to assist another; their time and assistance can't be measured in terms of dollars, and INHF~REAS, volunteers throughout the city donate their time to a wide variety of community service programs, and it is in this spirit of neighbor helping neighbor that Key Bank of Oregon's employees are committed to improving the quality of life in the communities in which they live and work; and to show their commitment, hundreds of employees will leave their positions and collectively donate their time and talent to dozens of human service projects in communities throughout the state on Wednesday afternoon, September 20; NOW, TIIEREFORE, I, Nancy A, Kirksey, Mayor of the City of Woodbum, do hereby proclaim Wednesday, September 20, 1995 as NEIGHBORS MAKE THE DIFFERENCE DAY in Woodburn and I urge all residents of Woodbum to recognize, support and commend these special volunteers, IN WITNESS WltEREOF, I have hereunto set my hand and mused the Seal of the City of Woodbum to be affixed this 23rd day of August, 1995. ~CoYfA~oo~bk~umY [ Or~;jn ? 6A 19975 Butteville Road NE Hubbard, Oregon 97032 August 22, 1995 Woodburn City Council City Hall 270 Montgomery Street Woodburn, Oregon 97071 Dear Mayor and Council Members: I was given the opportunity to work for the City of Woodburn for the summer. As a student intern, I worked on several projects for the City and witnessed firsthand the dynamics of government at the city level. In addition, my interactions with council members gave me an insight to how policy makers guide and shape the City with their vision. This opportunity would not have been possible if the city adminisWator did not encourage avenues for student interns to work for the City of Woodburn. I would like to express my gratitude, to the City of Woodburn, for furthering my practical education of government and for allowing me to gain a better understanding of the profession of my choice. The City of Woodburn, however, also benefitted. The City received many hours of assistance at a fraction of the cost, compared with hiring an additional employee or contracting for services. I realize, now more than ever, government is asked to provide more services, more efficiently, and with far fewer resources. Internships and collaborations with educational centers, are alternatives to these challenges. It is a win-win situation for both the City and the student. This is why I encourage the Council to foster future internships, not only at the college level, but at the high school level as well. Again, I want to thank the City of Woodburn for the opportunity. Woodburn is a great city with many challenges, but more important, the City has a bright future. I wish the present and future leadership much success in leading Woodburn into the next century. Sincerely, Scott Spence Administrative Intern 8A MF.~O TO; THROUGH ~ FROM ,' DATE ~ ~UBJECT -' MAYOR AND CITY COUNCIL City Administrator Childs City Recorder Tennant August 22, 1995 Public Hearing - 1995-96 Supplemental Budqet During the 1995-96 budget process, the City included the North Marion County Communications Center (NORCOM) budget as part of the City's overall budget since all budgets must be approved by the governing body no later than June 30, 1995. Since the effective date under the ORS 190 agency agreement was July 1, 1995, the User Board had no authority to form a budget committee to review the budget nor had they the authority to formally adopt their budget. However, Section VII(E) of the agreement provided for the adoption of that portion of the City's 1995-96 budget relevant to 9-1-1 Communication services as the NORCOM budget for fiscal year 1995- 96. We have been discussing this situation with representatives of the Department of Revenue, Local Budget Division, since March of this year. They advised us to follow the procedure to adopt the NORCOM budget as part of the City budget and now they have advised us to prepare a supplemental budget in order to closeout the 9-1-1 Communications Fund. In simple terms, the line item budget originally adopted no longer exists in the City's budget and, in order to transfer the working capital carryover to the NORCOM agency, a supplemental budget is required. Following this public hearing, a Council Bill supplemental budget will be presented to the consideration and action. adopting the Council for 8A CITY OF WOODBURN NOTICE OF SUPPLEMENTAL BUDGET HEARING FOR FISCAL YEAR 1995-96 The Woodburn City Council will hold a public hearing on a proposed supplemental budget for the City of Woodburn, Marion County, State of Oregon, for the fiscal year 1995-96 on Monday, August 28, 1995, 7:00 p.m., in the City Hall Council Chambers, 270 Montgomery St., Woodburn. The purpose of the hearing is to discuss the proposed supplemental budget with interested persons. A copy of the supplemental budget may be inspected or obtained at the City Recorder's Office, City Hall, 270 Montgomery St., Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m.. S~Y OF SUPPLEMENTAL BUDGET 9-1-1 FUND: Revenues: Working Capital Carryover Total Revenues Expenditures - 9-1-1 Communications: Materials & Services - Closeout payment to NORCOM Total Expenditures Mary Tennant City Recorder Published August 9, 1995 IOA eouNez . BZLL 1660 ORDINANCE NO. AN ORDINANCE ADOPTING ~ SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1995- 96v AND DECLARING AN EMERGENCY. WHEREAS, Oregon State Statute 294.480 allows for the adoption of a supplemental budget during a fiscal year to meet changes in financial planning, and WHEREAS, the establishment of the North Marion County Communications Center (NORCOM) has necessitated a budgetary change in order to closeout the fund balance within the City's budget, and WHEREAS, the First Notice of Hearing and Financial Summary along with the Second Notice of Hearing were published in the Woodburn Independent on August 9, 1995 and August 16, 1995 respectively in accordance with Oregon Administrative Rule 150- 294.480, and WHEREAS, the city Council held a public hearing on August 28, 1995 to give citizens an opportunity to comment on the proposed 1995-96 supplemental budget, now, therefore, THE CITY OF NOODBURNORDAINS ~S FOLLOWS: Section 1. That the supplemental budget for fiscal year 1995-96 is hereby adopted as set forth below. Section 2. That fiscal year 1995-96 revenues and appropriations are adjusted as follows: 9-1-1 COMMUNICATIONS FUND: Revenues: Working Capital Carryover Total Revenues $225.000 $225,000 Expenditures - 9-1-1 Communications: Materials & Services - Closeout payment to NORCOM $225,000 Total Expenditures ~225r000 Section 3. That the city Recorder shall file with the Department of Revenue, State of Oregon, a true copy of the supplemental budget as finally adopted in accordance with Department of Revenue Administrative Rule OAR 150-249.480. Page 1 - COUNCIL BILL NO. ORDINANCE NO. · .. IOA Section 4. That if any clause, sentence, paragraph, section or portion of this ordinance for any.reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered. Section 5. This ordinance being necessary for the public peace, health and safety, in that the supplemental budget for fiscal year 1995-96 is necessary to transfer 9-1-1 funds to the newly established North Marion County Communications Center, an emergency is declared to exist and this ordinance shall take effect immediately upon passage bythe Council and approval by the Mayor. Approved as to form: ~/ /~. ~Bk~r City Attorney Date APPROVED: NANCY A. KIRKSEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. ORDINANCE NO. lOB COUNCIL BILL NO. 1661 ORDINANCE NO. AN ORDINANCE APPROVING THE APPLICATION IN SITE PLAN REVIEW CASE 95-10 TO ALLOW FOR THE DEVELOPMENT OF A SERVICE STATION AND CAR WASH FACILITY, ADOPTING FINDINGS AND CONCLUSIONS, AND DECLARING AN EMERGENCY. WHEREAS, the Woodburn Planning Commission conducted the first evidentiary hearing in Site Plan Review Case 95-10 on May 25, 1995 and approved the application, and WHEREAS, pursuant to the Woodburn Zoning Ordinance, this decision was appealed to the Woodburn City Council, and WHEREAS, the Council conducted another evidentiary hearing on July 24, 1995, and in response to a request by the applicants and opponents, continued the public hearing until August 14, 1995, and WHEREAS, the Council heard additional evidence on August 14, 1995, closed the public hearing, and directed staff to submit a proposed ordinance, granting approval of the application, based upon findings and conclusions, and WHEREAS, the Council has reviewed the record in Site Plan Review Case 95- 10 and considered the public testimony presented, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The application in Site Plan Review Case 95-10 is hereby approved. Section 2. Approval of said application is based upon the findings and conclusions attached hereto as Exhibit "A" that are, by this reference, incorporated herein. Section 3. Approval of said application is subject to the conditions contained in Exhibit "A". Section 4. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect upon passage by the Council and approval by the Mayor. Page I - COUNCIL BILL NO. ORDINANCE NO. City Attorney APPROVED: 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 lOB Date Nancy A. Kirksey, Mayor Page 2 - COUNCIL BILL NO. ORDINANCE NO. lOB EXHIBIT "A" FINDINGS 'Site Plan Review 95-10 Texaco Gas Station and Car Wash II RELEVANT FACTS: The Woodburn Planning Commission conducted the first evidentiary hearing in Site Plan Review Case No. 95-10 on May 25, 1995 and approved the application. Pursuant to the Woodburn Zoning Ordinance, this decision was appealed to the Woodburn City Council. The Council conducted another evidentiary hearing on July 24, 1995, and in response to a request by the applicants and opponents, continued the public hearing until August 14, 1995. The Council heard additional evidence on August 14, 1995 and closed the public hearing. The site is located on Lawson Street, south of McDonald's. The current site is vacant. The property is surrounded by commercially zoned property to the north, south, east and west. The subject property is part of a larger parcel that was recently approved for a partition (MP 95-01). No new tax lot number has been assigned to this parcel, but the parent parcel was identified on Marion County Assessors Map 5S,2W, Section 12C, tax lot number 500 and 602. The site is zoned Commercial General and the proposed building area is approximately 6,237 square feet in size. RELEVANT APPROVAL CRITERIA: Woodburn Comprehensive Plan Commercial Land Development Policies Administration and Enforcement Policies Public Services Goals and Policies Transportation Goals and Policies 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 29 Commercial Retail Chapter 30 Commercial General Page I - SPR95-10 lOB C. Sign Ordinance D. Landscaping Standards Woodburn Comprehensive Plan FINDINGS: Applicable approval criteria have been met through the implementing ordinances of the adopted Zoning Ordinance and any other ordinances in effect at the time of approval. The commercial land development policies have been addressed because the subject property is within one of the four major commercial areas identified in the Comprehensive Plan. The public service policies have been met because adequate public services are available and can be extended to the property at the owners expense. A traffic study has been prepared by Lancaster Engineering. Traffic volumes at Lawson Street and Evergreen Road as well as traffic distribution and levels of services were addressed in the report. This has be reviewed by staff and Oregon Department of Transportation. The City concurs with the conclusions reached in the traffic impact study. The motel will not generate a large number of peak hour trips which tend to more adversely affect roadway capacities. As pointed out in the study, trips to the gas station will be primarily composed of vehicles currently on the roadway system which are called "pass-by" trips. As found in the study and concurred with by ODOT, the proposed project will not adversely impact the existing road network and mitigation measures, therefore, are not require. The transportation policies have been met because the proposed use and property is located along collectors, which can accommodate traffic flows without interruption. The existing street pattern and private east/west access way provides for interconnection. The Oregon Department of Transportation was involved in the review of this application and submitted written testimony that concurs with the traffic impact study submitted by the applicant. The applicant will be subject to traffic impact fees that were established to quantify a developments impact on the transportation system. Even though this particular development is not pedestrian or public transit oriented, pedestrian access is being provided for. Woodburn Zoning Ordinance The following sections of the zoning ordinance were found to be relevant to the approval of this application. Chapter 8 General Standards Section 8.140 No Parking in Front Yard or Landscaped Area Page 2 - SPR95-10 lOB FINDING: The applicant has not proposed any parking within the required setback, therefore, this standard has been met. Section 8.190 Vision Clearance FINDING: No structures are proposed with the vision clearance area, therefore, this standard has been met. The final site plan and landscape plan will be reviewed for compliance with the required vision clearance areas. Chapter 10 Off Street Parking, Loading & Driveway Standards Section 10.050 Off-Street Parking, Loading & Driveway Standards FINDING: The applicant is providing 8 parking spaces per planning staffs request. No specific standards exist for gas stations. Therefore, this standard has been met. Section 10.060 Off Street Loading The Zoning Ordinance would require I loading space. The Planning Commission may waive this requirement after proceedings are had for as for a conditional use as provided for in sections 10.010 to 10.070, and when the Planning Commission has determined that the use to which the building is to be put is of a kind not requiring the loading or unloading or delivery of merchandise or other property by commercial trucks or delivery vehicles. FINDING: A loading space is not required because the proposed use is for the sales of {;las and car wash only. No retail sales other than gas is proposed and the applicant has indicated that only office supplies etc. will be delivered through the main entry doors, therefore no loading spaces are required. The Planning Commission may waive this requirement. The applicants request was found to be complete because the reference to "conditional use" in the zoning ordinance is very convoluted and does not specifically make reference to chapter 14 conditional use, but instead makes reference to sections 10.010 to 10.070 from chapter 10 parking standards. Page 3 - SPR95-10 lOB Section 10.070 Parking and Loading Area Development (a) through (i) Section 10.080 Driveway Standards (d) through (k) FINDING: These sections deal with technical specifications relative to parking and driveway access, widths, access points, paving, construction materials and measurement techniques. The applicant has provided substantial evidence that these standards can be met. Technical matters regarding driveways and parking will be reviewed by engineering staff at the time of final approval. Chapter 11 Site Plan Review Section 11.020 Site Plan Composition. The following shall be required for any application for site plan review: (a) A site plan drawn to scale, showing the proposed layout of all structures and other improvements including, where appropriate, driveways, pedestrian walks, landscaped areas, fences, walls, off-street parking and loading areas, and railroad tracks. The site plan shall indicate the location of entrances and exits and the direction of flow into and out of off-street parking and loading areas, the location of each parking space and each loading berth and areas of turning and maneuvering vehicles. The site plan shall indicate how utility service and drainage are to be provided. Finding: The applicant has provided a site plan with all the relevant information that is required, therefore this approval criteria has been satisfied. (b) A landscape plan, drawn to scale, showing the location of existing trees proposed to be removed and to be retained on the site and the location and design of landscaped areas, and other pertinent landscape features. Finding: The applicant has provided a preliminary landscape plan that meet or exceeds the landscaping requirements, therefore this standard has been met. (c) Architectural drawings or sketches, drawn to scale, in sufficient detail to permit computation of yard requirements an showing all elevations of the proposed structures and other improvements as they will appear on completion of construction. Finding: The applicant has submitted elevations of what the structure would look like and the type of siding and that the design will be based upon the architectural style developed by recent project, therefore this standard has been met. Page 4 - SPR95-10 lOB (d) Specifications as to type, color, and texture of exterior surfaces of proposed structures, i.e., color board. Finding: The staff report submitted to both the City Council and Planning Commission contained illustrations of what the structure would look like and the type of siding. Although a specific color board was not submitted the applicant's report states on page one, paragraph 2, "the design will be based upon the architectural style developed by recent projects". This would indicate the structure will conform to all other Texaco stations such as the one on the west side of the I-5 interchange. (e) A sign plan drawn to scale, showing the location, size, design, material, color and methods of illumination of all exterior signs. Finding:The proposed signs as submitted, do not meet the standards of the Sign Ordinance relative to directional signs and off premise signs and the applicant has not applied for a variance. However, the applicant has indicated on the site plan the location of some of the signs. Therefore this standard has not been met. A sign plan will be resubmitted for staff review. This is an administrative decision not requiring Planning Commission approval. The only time Planning Commission approval is required is when signs would exceed ~ouare footage, height or a an aoolicant reouests an off-oremise si(~n and oroceeding are had as for a variance (Sign Ordinance page 8 Section 10 (1) (a) (f) and page 15 Section 14 variances). If it is found the applicant wishes to secure approval for an off-premise sign or exceed sign standards that would come to the Planning Commission as a variance request exclusive of the site plan. This is a stand alone application. (f) Shadow patterns of proposed structure (showing shadow during the Solar Access Standard period). Finding: The applicant has addressed this standard on page five of the applicant's submittal in that the buildings have been sited so that it does not cast shadows on any adjacent properties solar access. An addition, this approval criteria (Chapter 17) was not recognized as relevant because there are no solar access recordations in the City of Woodburn. This one story structure would have to cast a shadow over 280 feet prior to casting a solar shadow on a adjacent property, therefore this standard has been satisfied. Page 5 - SPR95-10 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. lOB Section 11.070 Criteria for Evaluating a Site Plan FINDING: The applicant has addressed this site plan review criteria adequately. (a) The placement of structures on the property shall minimize adverse impact on adjacent uses. FINDING: The applicant's site plan has complied with City standards regarding setbacks and landscaping, therefore this standard has been met. (b) Landscaping shall be used to minimize impact on adjacent uses. (c) Landscaping shall be located as to maximize its aesthetic value. FINDING: The applicant has submitted a preliminary landscape plan. It indicates that 16% of the entire site is landscaped. This exceeds the 15% minimum standard. No landscaping is being proposed within the parking area. However, landscaping will be provided at the front of the parking stalls, therefore this criteria has been addressed. (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. FINDING: The applicant's proposal indicates shared driveway access points to Lawson Street and the private access road between McDonald's and the subject property, therefore, this criteria has been satisfied. (e) The design of the drainage facilities shall minimize the impact on the City's or other public agencies drainage facilities. Page 6 - SPR95-10 lOB FINDING: Services are available to the site. Storm drainage is subject to public works review during final engineering. Notes have been generated regarding this issue in the staff report as attachment A. This approval criteria has been complied with. (f) The design encourages energy conservation, both in its siting on the lot and its accommodation of pedestrian and bicycle traffic. FINDING: The applicant has stated that this building will not cast shadows on any adjacent properties. Since it is a proposed gas station and car wash, it is not oriented to accommodate pedestrian and bicycle traffic, therefore, this approval criteria has been satisfied. (g) The proposed site development, including the architecture, landscaping and graphic design, is in conformity with the site development requirements of this Ordinance and with the standards of this and other ordinances insofar as the location and appearance of the proposed development are involved. FINDING: Because this staff report has discussed the approval criteria as it relates to site plan review. The applicants proposal is in substantial conformance with the current ordinances and standards as discussed in this staff report. This approval criteria has been satisfied. (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. FINDING: The exterior appearance of structures and signs are internally compatible and compatible with the immediate neighborhood. 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. Page 7 - SPR95-10 10B Chapter 30 Commercial General Section 30.010 Within any CG Commercial General District, No building, structure or premises shall be used, enlarged or designed to be used, erected, structural altered or enlarged except for one or more of the following uses: Any use permitted in the Commercial Retail District: Section 29.030 (b) (3) (4) automobile service station and washing automobile laundries. A service station must meet the conditions specified in the Woodburn Zoning Ordinance section 29.030 (a) (1) which requires hard surface (paving). FINDING: The proposed use is permitted in the Commercial General District. Chapter 10 parking, loading and driveway standards also address paving requirements. In addition, the staff report establishes a condition (pg 6 VII (5) that paving be completed as required under chapter 10 of the Woodburn Zoning Ordinance. This standard has been complied with. Section 30.040 Height, 30.050 Side and Rear Yards, 30.060 Front Yard, 30.070 Lot Area and Width Finding: The proposal complies with the general standards because the site plan shows that the building does not exceed six stories or 70 feet in height, no year yard is required. A landscape yard that meet or exceeds the 5 foot depth has been identified in the site plan. No lot area requirements exists, therefore these standards have been met. Sign Ordinance Standards FINDING: The proposed signs as submitted do not meet the standards in the sign ordinance relative to directional signs and off premise signs. The applicant has indicated on the site plan the locations of some of signs. Specific sign locations (canopy area, car wash, building) and sizes will be reviewed separately by staff, and the Planning Commission if the applicant chooses to pursue a variance. Page 8 - SPR95-10 10B Landscaping Standards Staff: The applicant submitted a preliminary landscaped plan. The applicant has provided substantial evidence that landscaping standards have been met. A final landscape plan shall be submitted to the Planning Department following preliminary approval. Ill 1. CONCLUSION: The applicant is requesting site plan review approval of a gas station and car wash. 2. Site Plan Review 95-10 is a permitted use. The applicant has submitted evidence for the staff to make a recommendation and the planning commission to render a decision. 4. The applicant is willing to meet the conditions of approval. 5. ODOT has concluded the traffic study is adequate. City Public Works staff concur. IV DECISION AND CONDITIONS OF APPROVAL: Based on findings in this report, your request is approved with the following conditions of approval: The proposed development shall be in substantial conformance with the preliminary plan. Submit a final landscape plan to the planning department following preliminary approval. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead and dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of materials, or parking shall be permitted within the required landscape and buffer areas. All landscape and buffer areas shall be maintained and kept free of all dribs, weeds and tall grass. This maintenance shall also be required for the those areas that are in the public right-of-way adjacent to the property. Page 9 - SPR95-10 10B '3. Provide wheel stops in parking stalls. Because there is no specific parking area landscaping, this will preserve and enhance the landscaping that is in front of the stalls. ., Comply with vision clearance standards per section 8.190. These triangles shall be drawn on the final landscape plan. Comply with parking and loading area development requirements of Zoning Ordinance Chapter 10. 6. Submit sign plan to planning department for review. e On-site construction shall not commence until the improvement plans have been reviewed and approved by the Public Works Department and all non-remonstrance consents forms are signed, right-of-way permits, and system development charges have been paid. Refer to part two Pg 9 of the standards document for site plan preview (Randy Scott 982-5247). Upon acceptable completion of all improvements to be maintained by the City, the applicant shall provide the City a maintenance bond good for one year; in the amount of 10% of the of the improvement. Prior to occupancy permit issuance, the applicant shall submit one set of reproducible as-builts. 10. Comply with the Site Plan Requirements that are affixed to this approval as Attachments A through FII. Page 10 - SPR95-10 SITE PLAN REVIEW WOODBURN TEXACO 10B Ae GENERAL CONDITIONS 1. Final plan shall conform to the Construction Plan Review Procedures and Standards. 2. Construction shall conform to DEQ and EPA rules and regulations, e Partition and access agreements shall be completed and recorded prior to building permit issuance. .. All work shall conform to the City of Woodburn standards and specifications and all state building codes. STREET AND DRAINAGE 1. Driveway approach onto public street shall be constructed of concrete and shall conform to the City of Woodburn commercial standards. 2. Shared access to vacant lot shall be curbed or barricaded to prevent vehicle traffic entering undeveloped area. 3. On-site storm runoff detention shall be required. CalCulate on a 10-year storm, 2-year release. 4. On-site catch basins shall be the pollution control type. 5. Storm runoff discharge: The existing catch basin to be utilized as the discharge point shown on plan may not have sufficient depth for gravity flow from site or capacity even with the detention as specified. This shell be analyzed and verified.. 6. No open street cuts will be allowed on Evergreen, Stacy Allison, or Lawson. WATER 1. Water maters Shall be placed within Lawson Avenue right-of-way. 2. Domestic service can be provided from Lawson Avenue. Backflow prevention device for domestic and/or irrigation service shall be placed at property line. Fire protection shall be as per the Approval. Woodburn Fire District's Condition of . Attachment A De · :, ':' ' 10B SANITARY SEWER 1. Sanitary sewer service as shown on the plan is acceptable providing this is a private line within private easements and maintenance agreements. 2. Car wash shall discharge into sanitary sewer system, not stot. m sewer. Memo To: From: Teresa Engeldinger, Planner City of Woodbum Bob Benck, Fire Marshal Woodburn Fire District Super 8 Motel & Texaco Station Date: March 28, 1995 SITE PLAN REVIEW COMMENTS WOODBURN FIRE DISTRICT A. ACCESS: Minimum access appears to be provided. B. FIRE FLOW: The minimum requirement for Super 8 motel will be 2000 gpm based on Type V 1hr. construction and sprinkled to NFPA 13R 'requirements. The Texaco station will require the minimum 1500 gpm. C. HYDRANTS .' A minimum of three additional hydrants will be required, one hydrant will be dedicated to support the sprinkler system and located near the Fire Department Connection. The two additional hydrants will be located near access points at the north and south entrances to the property. D. SPRINKLERS / FDC .' An NFPA 13 R system will be required for the motel with a 21/2 inch stand pipe in each stairwell. Each standpipe will have a 21/2 inch. outlet on each floor. The FDC for the sprinkler system must be located off of the building and within 25 feet of a fire hydrant at a location approved by the Fire District. The Stand pipe FDC's may be attached to the building at a location approved by .the Fire District. E. ALARM SYSTEM: As required by UFC for R I occupancies. 1776 Newberg Highway Woodbum, Oregon 97071 Attachment B F. PREMISE IDENTIRCATION: Street address numbers must be of contrasting material with its background, and visible from the public way. G. CONDITIONS FOR CONSTRUCTION .' Approved building per'nits and approved plans must be on site. At least two additional hydrants must be inservice, approved by the city and operational prior to the beginning of combustible construction. H. BUILDING PLANS .' All construction must comply with Building Codes as adopted by the City of Woodbum. Uniform Fire Code compliance as adopted by Woodbum Fire District and the State of Oregon. A Fire and Ufe Safety Review must performed by Marion County Building Department and be completed prior to the beginning of cbnstruction. A final inspection for Uniform Fire Code compliance by the Fire District is required prior to receiving a certificate of occupancy. 1776 Ncwl:)erg Highway Woodbum, Oregon 97071 REQUEST DATE= ~.\ ~NLf~C.¥~ c~ ~ .. ':"'~EPA~E~=~~~ CO.ACT PERSON'. Terra Engeldinge~ Plannlng Dep~ 982-52~ PROJ~T LOCA~ON: ~[~[~N L~[~ ~ &~O [~~[~ ~~ ~NFBBCE ~~ ~nfemn~ R~m - DA~:5~ 199~ ~ME: ~;~0 W~bum ~ Hall 10B GENERAL INFORMATION TO APPUCANT ' have read the Information sheet pmvkled me and understand that which is pertinent to my Plan Revlew/Pre-Appllcetion request. All materials are to be collated and folded. Signature - Owner/Agent DEPARTMENT COMMENTS HE FOLLOWING IS REQUIRED AFTER PRE~APPUCATION CONFERENCE: 1) Eight (8) copies of Final Plan must be brought into Public Works 2) 'As BUllts' must be provided prior to issuance of the building permit Attachment C ':' "~ 10B To: Tereaa Rnsaldit~e.r (Plauninz~ From: Larry Azen~ (Industrial Waste Coora~tot) Da~e; 4-14~5 Subject: Woodbum Texaco, L~wson P~ F~md w~l bo for tho ~t~.~, Dr~ off tho Pump Mo~t or the clo~.st Storm from where they wash down around tho ga~ pump~. TOTF4_ P.O1 · - .. lOB City of Woodburn Police Department MEMORANDUM 270 Montgome~~ Ken Wrigh~/~) I Chief of P~ Date: March 23, 1995 Woodburn, Oregon 97071 (503) 982-2345 To: Planning Dept., T. Engeldinger Subject: Super 8/Texaco Service Station - Site Review In review of the proposed Super 8/Texaco ~ite plan I would comment as follows: Lawson at Hwy 214 - recommend right in and right out only from and onto Lawson. Lawson at the West Texaco drive-way - the narrowness (30 feet) of the drive-way could cause Waffle to backup on Lawson St. This concern is prompted by traffic entering and exiting the Texaco and 'proposed site'... Lawson ia a two lane street with no turn lane. All traffic entering/exiting the Texaco weg eatrance will turn acw~ a lane of traf~. The narrow 30ft drive will allow two vehicles to use the drive at the same time but only if each vehicle stays to the right. Should one vehicle not stay right the drive would be rendered usele.~ for free flow of traffic. Another consideration would be the use of the drive by combination RV vehicles and aero. i-truck combinations. In order for the combination vehicles to adequately enter and exit they will anving wide. This will cause them to use the entire drive. Recommendation: Widen Lawson St. drive to 40 feet to allow for vehiclea to enter and exit at the same time and allowing for the combination vehicles to have adequate turning space. Attachment D REQUEST DATE:-~\ ¥,A,~C..¥~ c~ · .' ~';' '::"~EPARTMENT: ~10[L~)[~X CONTACT PERSON: APPUCANT: TYPE OF PROJECT: PROJECT LOCATION: CONFERENCE Teresa Engeldinger, Planning Dept, 982-5246 PLAC~ Conference Room Woodbum City Hall ' DATE:~I~?L'L 199~1S TIME: iS gENERAL INFORMATION TO APmCANT ' ' ! have read the Infcnnstion ~heet provkled me and ondemtand that which is peCdnem to my ! ite Plan Revlew/Pre-Appllcetlon request. All matedais are to be collated and folded. ~ Signature - Owner/Agent 10B DEPARTMENT COMMENTS 1) Eight (8) copies of Final Plan must be brought into Public Works 2) 'As Builts' must be provided pdor to Issuance of the building permit ~RPRE.FH1 Attachment E REQUEST DATE: ']. \ ~&(~'~C'¥'~. i.~ 5 ': '.'~EPA~E~: CO.ACT PERSON: Ter~ ~geldinger; Planning Dep~ 982-5246 PROJECT LOCA~ON: ~[~%~ L~G~ ~ ~0 [~~[~ ~~ CONF~ENCE P~ ~nfemn~ R~m - DA~5~F~ 199~ W~bum C~ Hall TIME: GENERAL INFORMATION TO APPUCANT ' have mad the Information sheet provided me and understand that which is Pertinent to my ISite Plan Review/Pre-Application request. All materials are to be collated end folded. Signature - Owner/Agent 10B DEPARTMENT COMMENTS HE FOLLOWING IS REQUIRED AFTER PRE-APPUCATION 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 Attachment May 3, 1995 Mr. Steve Goeckritz, Community Devdopment Director City of Woodbum 270 Montgomery Street Woodbum, OR 97071 DEPARTMENT OF TRANSPORTATION Distric~ 3 SUBJECT: Transportation. Impact Study for Super 8 Motel/Texaco FILE COD~ Dear Steve: Oregon Department of Transportation (ODOT) ~ have r~viewed the subject transportation impact ~udy (TIS) to determine pote~_'~! impacts to the state highways in the area. The scope of the study was determined in consultation between the preparer (Tom Iamcaster) and appropriate ODOT-sta/E We have concluded that, although the analysis was not prepared using methodology acceptable to ODOT (Le., SIGCAP), the findings of the study would not be materially altered if revisions were required. We, therefore, find that the. study adequately describes the existing and future tr~mc conditions in the area the potential impacts of the proposed project. Thank you for the opportunity to review this TIS. Please feel flee to contact me at 986-2663 or W'glard Bradshaw, Region 2 Traffic Enl~eer, at 986-2656 if you have any questions or require additional information Sincerely, Daniel L. Fficke Region Planner Rich M~wain W'dlard Brad~aw Tom Lan~ 0-94) Salem, OR 97310 FAX (~o3) Attachment F 10C MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager Revised Traffic Impact Fee August 9, 1995 RECOMMENDATION: Approve the attached resolution establishing a Revised Land Use Sub-Category and Traffic Impact Fee (TIF) for a small restaurant with limited capacity of twenty seats. BACKGROUND: When resolution 1194 was passed by council on September 13, 1993 the City Engineer was authorized to utilize the Institute of Transportation Engineers (ITE) land- use categories that were most similar to those listed in the resolution to set the TIF. This process has worked well to this point but recently an area was identified which dictated a revised TIF be developed utilizing the methodologies originally applied. ITE land use category 832, sit down restaurant, indicates in the definition that these restaurants normally serve breakfast, lunch, and dinner. It also indicates that these types of restaurants frequently belong to a restaurant chain and some are open 24 hours. It was recently brought to the City Engineers attention that this definition does not apply well to some of the small cafes and dells that may start in the city. It was also suggested that some other factor other than size in square footage should be applied to these facilities. Many of these restaurants do not offer the three different meals or operate over the hours defined in the ITE category. The City Engineer developed, based on a technical review using the same methodolo0y that was utilized in the formation of all other TIF calculations, a revised fee setup to cover these type of restaurants. The charge was developed on a per seat basis and an approximately 35 per cent decrease was made to the average trip length with the rationalization that patrons do not travel longer distances to get to this type of facility. The charges were computed to match the fees established in Resolution 1194 and with the one percent increase that took place on January 1, 1995 the current TIF is $1 § 1.49 per seat. In Iow density seating situations this method will be slightly cheaper. However, in a high density seating situation, this fee may be more costly than the square footage method. Since this category and fee schedule differs from those originally adopted the attached resolution is needed to implement the change. Staff recommends its approval. 10C COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION SETTING THE AMOUNT OF THE TRAFFIC IMPACT FEE (TIF) FOR A SUB CATEGORY OF LAND USE REVISED BY THE CITY ENGINEER. WHEREAS, ORS 223.297 - 223.314, adopted in 1989, authorizes local governments to impose system development charge, and WHEREAS, the City has developed methodologies to support the implementation of a Traffic Impact Fee, and WHEREAS, the City has adopted Ordinance No. 2111 establishing a Traffic Impact Fee, and WHEREAS, Ordinance No. 2111 provides that the amounts of the Traffic Impact Fee shall be set by resolution, and WHEREAS, Resolution No. 1194 established the amounts of Traffic Impact Fees, and WHEREAS, Ordinance No. 2111 provides for the imposition of fees to be charged for the review of alternative rates and alternative payment requests, and WHEREAS, the City Engineer has determined that a revised TIF for a sub category of land use involving small limited use sit down restaurants that utilizes a per seat charge needs to be implemented to facilitate modification of existing buildings, and WHEREAS, previously developed methodologies were utilized to obtain the revised fee, and WHEREAS, all other provisions of Resolution 1194 will apply to this revised TIF; NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. ADDITION OF SUB-CATEGORY The sub-category is for a small limited use sit down restaurant with limited capacity of twenty seats. The restaurant is usually small with limited seating, has a single location, is open for limited meals, and is frequently family owned and operated. Page 1 - COUNCIL BILL NO. RESOLUTION NO. 10C Section 2, TRAFFIC IMPACT FEE AMOUNT The following TIF corresponds to those established by Resolution 1194: Sub-Category - Restaurant Sit Down, Small, Limited Use Maximum Allowable TIF TIF from 1/1/94 through 12/31/94 TIF from 1/1/95 through 12/31/95 Average Daily Trip Rate - TIF per Trip - Approved as to for~~~--~'~ City Attorney $582.66/seat 45.67/seat 51.49/seat 6.57 19.77 Dat~'/ / APPROVED: Nancy Kirksey, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. RESOLUTION NO. 1OD MEMO THROUGH: FROM DATE SUBJECT: Mayor and City Council City Administrator Childs Mary Tennant, City Recorder August 21, 1995 Early Redemption of 1978 General Obligation Water Wells Bonds RECOMMENDATION: Council adopt the attached Council Bill which calls for the early redemption of the 1978 General Obligation Water Wells Bonds. BACKGROUND INFORMATION: These bonds, dated October 1, 1978, were sold to finance the site acquisition, construction, and other related costs for two new water wells. The 1995-96 budget provides for the early redemption of these bonds in anticipation of a future bond sale for a new wastewater treatment facility. Financial consultants have advised us that early payoff of this debt may improve the City's current bond rating of A from Moody's. The total outstanding principal amount on this issue is $115,000. Under state law, we are required to provide at least 30 days public notice on any Call for Early Redemption using newspaper publications and other financial sources as a means of notifying bondholders. Since these are bearer bonds, it is unlikely that all of the bonds will be turned in for payment immediately, however, interest ceases to accrue on all unpaid bonds within this issue as of October 1, 1995. 1OD com, CZL SZLL Fo. 1662 RESOLUTI'ON NO. A RESOLUTION OF THE CITY OF WOODBURN, I~I~RION COUNTY, OREGON ~UTHORIZING THE ~Y REDEI~PTION OF ITS Z978 GENER3%L OBLIGATION W~TER WELLS BONDS. WHERE~S, the city issued its 1978 General Obligation Water Wells Bonds, in the amount of $375,000, on October 1, 1978 pursuant to Ordinance No. 1639 (the "Authorizing Ordinance"); and WHEREAS, the Authorizing Ordinance authorize the City to redeem the Bonds prior to maturity on any interest payment date on and after October 1, 1990; and WHEREAS, the City has accumulated water revenues in amounts sufficient to now call the bonds prior to maturity which will result in interest savings to the City and eliminate the debt of the City, now, therefore, THE CITY OF WOODBURNRESOLVES AS FOLLOWS: Section 1. The outstanding bonds of the city issued as the 1978 General Obligation Water Wells Bonds are hereby called for redemption on October 1, 1995. Section Z. The City Recorder shall give notice of such redemption in substantially the form attached hereto as Exhibit A by publishing such notice of redemption in the Daily Journal of Commerce in Portland, Oregon and in the Woodburn Independent and by mailing such notice to Moody's Investor Service, Inc., and Standard & Poor's Corporation, New York, New York not less than 30 days prior to the redemption date and to provide such other courtesy notices as the Recorder deems advisable. Adopted by a vote of the city Council, with a quorum in attendance, this Approved as to Form: City Attorney D~t~ / APPROVED: NANCY A. KIRKSEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. 1OD EXH'~B~'T A NOTICE OF FULL REDF.~PTION C~TY OF ~OODBURN~ ORE~ON ~ENEI:t~ OBLigaTiON ~TER WELLS BONDS NOTICE IS HEREBY GIVEN that the City of Woodburn, in Marion County, Oregon, has called for redemption on October 1, 1995, all of its then outstanding General Obligation Water Wells Bonds dated October 1, 1978 (the "Bonds"). The Bonds will be redeemed at a price of one hundred percent (100%) of their principal amount, plus interest accrued to October 1, 1995. The redemption price of the Bonds is payable on presentation and surrender of the Bonds at the office of: City Recorder City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071-4730 Interest on all Bonds or portions thereof which are redeemed shall cease to accrue on October 1, 1995. The following Bonds are being redeemed: Bon~ Number Principal Amount 53-57 $25,000 58-63 $30,000 64-69 $30,000 70-75 $30,000 Date of Maturity October 1, 1995 October 1, 1996 October 1, 1997 October 1, 1998 979013BW8 979013BX6 979013BY4 979013BZ1 By Order of the City of Woodburn, Oregon City Recorder, city of Woodburn, Oregon, as Paying Agent Dated: August 30, 1995. Under the Interest and Dividend Tax Compliance Act of 1983, payor may be required to withhold 31% of the redemption price from any Bondowner who fails to provide to payor and certify under penalties of perjury, a correct taxpayer identifying number (employer identification number or social security number, as appropriate) or an exemption certificate on or before the date the Bonds are presented for payment. Bondowners who wish to avoid the application of these provisions should submit a completed Form W-9 when presenting their Bonds. IOE ,MEMO TO: THROUGH FROM DATE SUBJECT MAYOR ~ CITY COUNCIL City Administrator Childs City Recorder Tennant ~ August 22, 1995 Resolution RE: Deposit/Withdrawals of City Funds RECOMMEND~TION~ Approve the Council Bill establishing depositories for City funds, authorizing withdrawals by certain city officials, and repealing Resolution 1032 (dated 12/17/90). BACKGROUND INFORMATION: The purpose of this bill is to provide an updated Resolution to be submitted to various financial institutions in which City funds are either deposited and/or withdrawn. Changes in this bill include: 1) Newly enacted state legislation now defines banks and financial institutions within ORS 294.035(4); 2) Deputy City Recorder position has been changed to City Recorder; and 3) Minor language changes in Section 2 to simplify the reading of the section. IOE RESOLUTION NO. ,,":~ :~- RESOLUTION ESTABLISHING DEPOSITORIES FOR CITY FUNDS, AUTHORIZING WITHDI:t~.%LS THEREFROM BY CERTAIN OFFICERS, ~1DREPF. J~ING RESOLUTION NO. 1032. THE CITY OF WOODBURNRESOLVES AS FOLLOWS~ Section 1. That those banks and financial institutions as defined by Oregon law (ORS 294.035(4)) and the Woodburn Investment Policy and Portfolio Guidelines for the city are hereby designated as depositories of funds for the City of Woodburn. Deposited funds may be withdrawn on checks, drafts, receipts, or advices of debit given or signed in the name of the City of Woodburn by any two (2) individuals in the following positions: Mayor City Administrator Finance Director City Recorder and that said institutions shall be and are authorized to honor and pay the same whether or not they are payable to bearer or to the individual order of any person or persons signing the same. Section 2. The aforesaid persons are authorized to draw funds and deposit funds in the name of the City of Woodburn; to make and enter into Special Depository Agreements with reference to the manner in which, the conditions under which, or the purposes for which funds, checks, or other items of the City of Woodburn may be deposited, collected, or withdrawn; to delegate to others such authority in connections with any Special Depository arrangement that may be deemed appropriate, and to do and perform such other and further acts and things in connection with or pertaining to the establishment of any account or the transaction of any banking or investment business with said financial institutions as they may consider proper and is allowed by law. Section 3. That the authority hereby conferred upon the above individuals holding these positions shall remain in full force and effect until written notice of the revocation thereof shall have been delivered to and received by the financial institution(s) at the branch(es) or office(s) where such account(s) is(are) maintained. section 4. That Resolution No. revoked. City Attorney 1032 is hereby repealed and Page 1 - COUNCIL BILL NO. RESOLUTION NO. APPROVED: NANCY A. KIRKSEY, MAYOR IOF TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator ~ Resolution Authorizing Interdepartmental Borrowing August 24, 1995 RECOMMENDATION: Approve accompanying Council Bill (Resolution) authorizing interdepartmental borrOwing of funds during Fiscal Year 1995-96. BACKGROUND: This action is a "housekeeping" item. It allows the City flexibility in temporarily utilizing funds that are on hand in various reserve funds to offset operating costs in major tax-supported funds. Property tax money, the principal source of revenue for the tax-supported funds, typically does not begin to accrue until November, five months into the fiscal year. Temporary interfund borrowing of this nature, a long-standing component of Oregon Budget Law, eliminates the need for borrowing from commercial lending institutions during the period prior to receipt of tax revenues. 1OF COUNCIL BILL NO. 1664 RESOLUTION NO. A RESOLUTION AUTHORIZING INTERDEPARTMENTAL BORROWING OF FUNDS DURING FISCAL YEAR 1995-96. WHEREAS, expenditures within the General Fund, Transit Fund, Library Fund, Park and Recreation Fund, and Federal Programs Fund may exceed revenues received at the time of expenditures, therefore, interdepartmental loans are necessary to comply with Local Budget Law. Oregon Revised Statutes 284.460 allows this type of loan, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. During the fiscal year 1995-96, funds not to exceed $850,000 be loaned to the General, Transit, Library, Park and Recreation, and Federal Programs Funds from General Operating Reserve, Wastewater Equipment/Replacement Reserve, Water Equipment/Replacement Reserve, Parks Capital Improvement, Water Capital Improvement, Wastewater Capital Improvement, Street/Storm Drain Capital Improvement, Water, and Wastewater Funds. Section 2. That said loans be returned to the respective funds listed in Section I of this Resolution no later than June 30, 1996. Section 3. That the loans will earn interest from the date on which the loan is made at the rate being paid by the State of Oregon's Local Government Investment Fund. The borrowing fund will pay the interest expense on the date the loan is repaid. Section 4. That the funds returned shall be obtained from property tax revenues levied for fiscal year 1995-96 within the General, Transit, Library, and Park and Recreation Funds; and from federal grant revenues within the Federal Proorams Approved as to form__ City Attorney Date APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Nancy A. Kirksey, Mayor Page I - COUNCIL BILL NO. RESOLUTION NO. 10G MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager/~ Special Transportation Fund Agreement for FY 95-96 August 21, 1995 RECOMMENDATION: Approve the attached resolution entering into an agreement known as the "STF-8 Agreement" with Salem Area Transit District to receive $15,600.00 in Special Transportation Funds. BACKGROUND: The Special Transportation Fund (STF) is derived from a portion of the State cigarette tax and dedicated for use in providing transportation for the elderly and disabled. The City Dial-A-Ride program has received STF grant funds since 1988. The State allocates the funds by formula to each county and in Marion County these grant funds are administered by the Salem Area Transit District. Through the Grant Application process the City was awarded $15,600.00 for its Dial-A-Ride Program to provide transportation for elderly and disabled residents of the community. The agreement presented this year is identical to the one approved last year with the exceptions of changes resulting from a different amount of grant funds being awarded and budget modifications to accommodate the new grant. Staff recommends that the resolution be approved authorizing the Mayor to sign the agreement on behalf of the city. S'rFFY95-96 RR:bw lOG COUNCIL BILL NO. 1665 RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE SALEM AREA TRANSIT DISTRICT KNOWN AS THE "STF-8 AGREEMENT", FOR FY 1995-96 AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, the City of Woodburn applied for Special Transportation funds for Fiscal year 1995-96 as approved for under Oregon Statute, and WHEREAS, the City of Woodburn has been awarded $15,600 in operational assistance for the Dial-A-Ride program, and WHEREAS, the Salem Area Transit District administrates the Special Transportation Fund for Marion County. NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with the Salem Area Transit District, which is attached as exhibit "A" and by this reference incorporated herein, to secure Special Transportation Funds for Dial-A-Ride operating assistance. Section 2. That the Mayor is authorized to execute and the City Administrator to administer said agreement on behalf of the City. Approved as to form:~'~'~ ~//'~-~ 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 ATTEST: Mary Tennant, City Recorder City of W0odburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. lOG EXHIBIT "A" Due to its length the "STF-8 Agreement" has not been included in the agenda package. Copies will be available for inspection at the Council meeting if desired. City of Woodburn Police Department MEMORANDUM 1OH 270 Montgomery Street Ken Wright Chief of Police Date: To: Thru: Subject: Woodburn, Oregon 97071 August 18, 1995 Mayor and Council C. Childs, City Administrator Liquor License App~eation (503) 982-2345 Applicant: La Michoacana 450 N. First St. Woodburn 97071 Guadalupe Pefia 2299 "F" St. Hubbard 97032 New Outlet - Restaurant RECOMMlZ~NDATION Deny the License Should the City Council wish to accept the recommendation to deny the license, the Council must have a public hearing at the next council meeting. INVESTIGATION May 30, 1995 the police received a liquor license application from the Michoacana Restaurant, 450 N. First St., Woodbum. A background check was completed on all persons listed on the application. No criminal arrests or convictions were found for applicant names provided. In 1988 it was brought to the attention of the Woodbum Police'that Federal, State and Local law enforcement authorities were conducting an investigation of illegal narcotics at Michoacana Restaurant located at 450 N. First St., Woodbum. Subsequently Mr. Roberto Pefia was arrested on November 17, 1988 and charged in federal court with possession of a controlled substance (cocaine). Mr. Pefia was convicted and sentenced to federal penitentiary. In 1990, because of police incidents investigated, citizen complaints, and arrests of persons for illegal drag activity in the area of and within the premises of 450 N. First St., the Police Department notified Mrs. Pefia by letter that complaints had been received and asked that she take appropriate remedial action. This action was _taken -to serve notice in accordance with Oregon Law 105.580. As a result of this notification I met with applicant Pefia and her attorney. The result was that Pefia would take appropriate action. Recomendation - Liquor l_{cense Application La Michoa~ Re~ta~a~ REASONS IN SUPPORT OF DENIAL OF LICENSE PROBLeMs RnLATI~D To LIOUOR. In the year of 1994 the Police Department investigated 71 liquor related incidents in the reporting grid 601. In the entire city, the Police Department investigated 559 such incidents. The reporting area in which the applicant is requesting a 'new outlet license" has the highest number of reported incidents of liquor involved investigations. IH:~-OAL ACTlvrrl~. DISTtW, BANCES, In 1995, Grid 601 continues to be the focus of on- going criminal investigations involving serious and persistent problems with fights, noisy activities and other disturbances. Despite additional uniform police patrols, foot patrols and community involvement, the Police Department investigated 2 robberies, 38 assaults, 52 vandalism, 67 weapons violations, 29 drug law investigations, 14 drank drivers acrid 19 curfew violations. Of 4109 reported incidents city wide, 485 incidents were investigated in Grid 601. In 1988, the Grid repor~g area for the downtown district was identified-as Grid 7, in which 878 incidents were investigated, and in 1990, 521 incidents were reported and investigated in the same area, which is now identified as Grid 601. !~mmLn'IOOD OF CRIM~AL ACTrVTrY. Liquor hws do not ~ow ~e ~m~ssion m d~y a ~ ~u~. ~ is a ~s~b~ ~ ~g ~e ~n~ ~ ~ult ~ efi~ acfi~. ~, ~ m~ ~ a ~n~le pmbab~ ~at g~g ~e ~ ~ ~ve fi~ ~ cfi~ ~. ~~ of ~~ a~ ~ ~m ~ demons~ d ~e bus~s mu~ or m ~e f~us of ~egfl ~fidF. As pr~ously ~om, ~e bus~s, ~ ~ehOa~ R~~t, ~ &e f~us of efi~fl aefi~ ~ 1988 ~ ~e ~t of one of · e ~o owns, Ro~ P~a. A~, ~ 19~ when ~e ~li~ d~ent nofifi~ ~e omer of ~e bus~s ~at cfi~fl ~fivi~ w~ ~umg, ~d most r~fly ~ 1995. WOODBURN POLICB CASE 95-3566. A Confidential Reliable Informant, working for the Police Department, contacted persons in the downtown area of Woodburn. As a result of one contact the CPI was offered illegal drugs. The delivery of illegal drags occurred at 450 N. First St., inside La Miehoaeana Restaurant. At the time of the drug transaction the operator/owner Ouadalupe Peha was present. Subsequently officers arrested and charged Samuel Romero Arco, AKA: "Chong/Pelon', with Delivery of Controlled Substance 2 - Methamphetamine. 1OH The fact that illegal drag activity occun~ in the business in 1988, 1990 and continues in 1995 establishes the reasonable probability that illegal drag activity 'will continue and that the high incidence of illegal activity occurring in and around the business gives muse to deny the issuance of the liquor license. FBLONY CmM~ ¢omac'rIoN, The application received by the Police Department was made 0nly in the name of Guadalupe Gonzalez Pefia. Through the investigation, employees of the applicant were identified and criminal history investigation showed no criminal convictions. 2 Recomendation - Liquor License Application La Michoacana Restaurant As previously noted, applicant's husband Roberto Pefia was arrested and convicted in federal court of the charge of Possession of Controlled Substance with Intent to Distribute Cocaine. Oregon Law 471.295 - Grounds For Refusing To Issue License (4) states; That the Applicant: (d) Has been convicted of violating any of the alcoholic liquor laws of this state, general or local, or has been convicted at any time of a felony. Records show that Mr. Peris was convicted and sentenced for a felony. Along with the application the City was provided with warranty deeds for the property at 450 N. First St., Woodburn, Oregon. The deeds conveyed the property solely to Guadalupe Peri,a, wife of Roberto Pefia. Oregon is a Common Law Property state as opposed to a Community Property state such as California. In a Community Property state, property is owned in common by husband wife each having an undivided one-half interest by reason of their marital status. In a common law system, each spouse owns whatever he or,she earns. The warranty deed provided to the Police Department that conveys the property Of 450 N. First St., Woodburn is dated July 10, 1990. This may appear to show that Roberto Pefia has no interest in the property and the property is the sole possession of the wife, Guadalupe Peris. As I stated earlier, Oregon is a Common Law Property state. In such a system each spouse owns whatever he or she earns. Prior to July 10, 1990 Mr. Peris was one of four listed owners of the property and business. After July 10, 1990 Mr. Pefia conveyed his portion to his wife with no mention of remaining owners. Mr. Pefia still has an interest in the property through his marriage to Guadalupe. Should she die, one haft of the estate would go to her husband, Mr. Roberto Pefia and one half to children of the marriage. Should the Pefias pursue a divorce, Mr. Pefia would have a right to a claim of all properties owned by his wife. The signing over of the property is a charade for appearances only. Applicant, Guadalupe Pefia, provided the investigator with documentation showing that: she has a business account with First Security Bank and is the sole proprietor and only signer. Application for Restaurant License and financial statements show only Guadalupe Pefia as the sole proprietor. The utility billings; PGE, Northwest Gas and garbage disposal accounts are in the name of Roberto Pefia. No records showing a final marriage dissolution were presented. On June 26, 1995, a Woodburn Police Officer had occasion to contact Mr. Roberto Pefia for a traffic violation. While at the traffic stop the officer and Mr. Pefia engaged in conversation. Mr. Peris relayed to the officer that he was on his way home from his restaurant, La Michoacana. Mr. Pefia told the officer that he had been in Mexico for a couple of years and had returned and was living in Hubbard. Mr. ?efta went on to say that, at the restaurant he ~did it all - from cooking to running errands~. 1OH 3 · OODBORN POLICE 95-005123 Connect LIQOUR LICENSE APPLICAT Reported Date/Time: Occurred Date/Time: Location: 450 N Intersects: 07/23/95 0943 hfs 05/30/95 0943 hfs FIRST GRANT ST Distribution: Records OLCC to / / 0000 hfs ST WOODBURN,OR Grid: 601 1OH SUMMARY On 053095 at about 0900 hrs. I received a liqour license app].ication [rom the Hichoacana Restaurant, 450 N First St. On 072395, I compl, eted my investigation. Witness: BUSTAMANTE,CARI ANN Hr 270 MONTGOMERY ST ~, WOOOBURN,ORFGON Phone: (503)982-2345 Type: Rusiness AGENT OF WOODBURN POLICE OEPARTMENT Witness: ROORIGUEZ,J.T. HH 270 HONTGOHERY ST WOODBURN,OREGON Phone: (503)982-Z345 Type: Busihess Employer/School: WOOOBURN POLICE DEPARTMENT POLICE OFFICER' Involved person: PENA,GUADALIJPE GONZALEZ Hgt: 4'11" Wgt: 140 Hair: Black Eye: Brown 2299 F ST , HU88ARO,OR Phone: (503)982-2040 Type: Home SSN: 463-82-1285 Emp[oyer/$chool: I.A MICHOACANA RESTAURANT 450 N FIRST ST ~ WOODBURN,OR Work Days : VARIED Work Hours: 0900 TO 2200 HRS BUSINESS OWNER DOB: 03/10/47 Age: 48 HF (So~)98]-9922 Reporting Officer: WILLIAM A TORRES ¢~i~. Case status/Date: D 07/23/9~.. Approved: Page 1OH Involved person: PENA-REYE$,ROBERTO OOB: 03/0&/50 Age: 45 Hgt: 5'07" Wgt: 172 Hair: Black Eye: Brown 2299 F ST , HUBBARD,OR Phone: (S03)982-2040 Type: Home OLN: 1953851 (OR) Employer/School: LA MICHOACANA RESTAURANT 450 N FIRST ST , WOOOBURN,OR CO-OWNER OF BUSINESS HH (503)981-9922 Business: LA HICHOACANA RESTAURANT 450 N FIRST ST WOODBURN,OR Phone: (503)981-9922 Type: Business Business: OREGON !.lOOUR CONTROl_ COMMISS AKA: ' OLCC 2].3 MA~RONA AV SE . SAIEM~OR Phone: (503)378-4871 Type: Business Employer/School: STATE OF OREGON JANICE FORBES - FIELD INVESTIGATOR Business: ATTORNEY GENERAL'S OFFICE AKA: bANKRUPTCY'AND CREDIT BOARD 995 CENTER ST NE , SALEM,OR Phone: (503)378-4732 Type: Business Employer/School: jUSTICE DEPARTMENT Other: GAMEZ-PENA,MERLINDA Hgt: 5'00" Wgt: 135 Hair: Black Eye: Brown SSN: 543-19-0661 Employer/School.: LA MZCHOACANA RESTAURANT 450 N FIRST ST , WOODBURN,OR EMPLOYEE OF BUSINESS DOB: 11/23/53 Age: 41 HF (503)981-9922 Reporting Officer: WILLIAM A TORRES ~17716 Page 2 · ~5-005133 1OH Other: L. AMAS,ROSALINDA Hair: Black Eye: Brown SSN: 545-70-6894 Relation to Uictim: Employer/Employee Employer/School: LA MICHOACANA RESTAURANT 450 N FIRST ST , WOODBURN,OR EMPLOYEE OF BUSINESS DOB: 05/03/52 Aqe: 43 HF (503)981-9927 Other: RAMIREZ,MARIA ANTONIETA DOB: 1.]/27/72 Aqe: 22 HF Hgt: 5'04" Wgt: 130 Hair: Black Eye: Brown SSN: 552-14-1471 Employer/School: LA MICHOACANA RESTAURANT (.503)981-9922 450 N FIRST ST , WOOOBURN,OR EMPLOYEE OF BUSINESS Other: PENA,MARISA Hgt: 5'04" Wgt: 125 Hair: Black Eye: Brown SSN: 54i-i1-0715 Employer/School: LA MICHOACANA RESTAURANT 450 N FIRST ST , WOODBURN,OR EMPLOYEE OF BUSINESS DOB: 09/17/76 Age: 18 HF (503)981-9922 .C_R_I. M E _AN_A. L__Y.S_I.S_..Q A..T_~_:_ SOLICITED: Other TOOL USED: CRIME PREV: None TARGET: AREA: Business TYPE: Private PREMISE: RESTAURANT HATE/BIAS: N GANG RELATED: No OFCR HAZ: N DOMESTIC ABUSE: N Reporting Officer: WILL. lAM A TORRES ~177t6 Page 3 · 9s- 1 OH ACTION TAKEN " On 053095 at about 0900 hrs. I began my investigation into the liquor license application for the HIchoacana Restaurant at 450 N First St. I checked the applicant's, Guadalupe Pena's background. I checked her driving status. She was clear and vali. d. I checked her for a crlminal history. She dld not have one. I obtained her list of employees personal information. I checked each one for criminal histordes, drJ. ving records, and for wants status. They were aII clear. No one had a criminal history. ~ checked the financia] record? which Hfs P~na had provided. The records where in good standina [ checked with the State Credit and Bankruptcy Board. The were no ir,~.i, dents of credit probl~m~: or fJIings for bankruptcy. ~ checked our police records involving the Hichoacana restaurant. I found that Hfs Pena's Husband, Roberto Pena had been arrested and convicted for Narcotic offenses in the past. I checked him for criminal records. I was abJe to locate one. I also was able to locate a current case which involved a testifying informant purchasing controlled substances lnside of the restaurant while Hfs Pena was in the area. This occurred on Hay 25th, 1995.(A copy of this report and subsequent arrest will be forwarded). A scan was made of the downtown core for amounts of criminal activity. A large number of calls were found to involve alcoholic violations, publlc indecencies, and a high degree of narcotic ~qrchasing and trafficking. Several other businesses with llquor .a. censes were found to have had an increase in vJo].ent behavior by patrons as well as an increase in crimi, nal activity in the above mentioned areas.( a copy of the scan was forwarded to the OLCC). Z contacted Officer Rodriguez who had some contact with Hr Roberto Pena on 5une 2&th, 1995. Ofcr Rodrignez advised me that Hr Pena advised that he was back in ~own currently. Ofcr Rodrlguez advised that Hr Pena had told him, he was back worklne and running the restaurant business again, whlch is contrary to what Mrs Pena has stated J.n her application. In the ~pplJ, cation and other documents, such as her deed of property ownership, she,claims that she was the sole owner and manager of the restaurant.'~n the deed documents Hr Pena had relinquished a].l rights to his wife,( A copy of this contact with Hr Pena is attached). disposition: discontinued Reporting Officer: WILLIAM A TORRES ~17716 Page 4 101 City of Woodburn Police Department MEMORANDUM Ken Chief of Date: August 14, 1995 Woodburn, Oregon 97071 (503) 982-2345 To: Mayor and Council C. Childs, City Administrator Subject: Sound-Amplification Request The police department received a sound-amplification request from Angel and Candida Garcia who live at 811 N. Front St., Woodbum. The Garcias' are requesting permission to have a musical group preform at their house on Sunday, September 24, 1995 between 3 P.M. and 9 P.M.. Their residence is located in a residential neighborhood. City Ord. 1900 Section 3 (5) The use or operation a automatic or electric piano, phonograph, loudspeaker or sound-amplifying device in such manner as renders the same a public nuisance; provided however, that upon application to the Council permits broadcast programs of music, news speeches or general entertainment. The occasion is a private party to celebrate the dedication of a baptism. The baptism is not a: program of music, news, speeches or general entertainment. I don't believe the sound-amplification device will be muted to the inside of the residence and that the sound- amplification will disturb persons in the vicinity. Recommendation: Request for Sound-Amplification be denied. cc Garcia file 15A STAFF REPORT TO: THRU: FROM: Nancy Kirksey, Mayor City of Woodburn City Councilors Chris Childs, City Administrator Nevin Holly, Director Recreation and Parks SUBJECT: Woodbum Memorial Aquatic Center Update DATE: August 22, 1995 Our long awaited Aquatic Center opening is coming close. We are looking toward opening the festivities early in October. A punch list by the Architect Larry Matson is scheduled for September 6th. The Aquatic Center for all practical purposes will be done by mid to late September. There will be an additional two weeks of testing systems and completing the punch list at this time. The opening festivities for the new Aquatic Center will be comprised of many special events culminating with the Grand Opening. By phasing in the opening period we will be able to comfortably facilitate a great number of different users and community members. If we were to have one large grand opening, we would not be able to facilitate all the attendee's. In the near future we will be able to attach definite dates to the opening festivities. Following is the opening schedule of events: 5. 6. 7. 8. 9. 10. 11. Open House - non swimming walk through and tours. "Project volunteers and invited guests evening". Lincoln School Evening (all children from Lincoln School get a one time free pass for the night dedicated to them). Accompanying parents must pay admisslon if they swim. Nellie Muir School (same as ~3) Washington School (same as #3) French Prairie School (same as #3) Woodbum High School (same as #3) St. Lukes School (same as #3) Sr. Citizens Afternoon Supporters Evening (for those that bought wall tiles) General Grand Opening on steps in front of Facility. This will be an exciting time for our residents. Think how exciting it is going to be for our community children as their own special evening has been set for the. Interviews are scheduled for this week to select our Assistant Manager. We have had 18 applicants apply. We will be interviewing 8 of these applicants. Our Aquatics Manager Kathy Willcox has been busy screening our applications. It appears we have some excellent candidates. We also have began taking applications for our Aquatic Staff. We will be having between 15 and 20 initial Aquatics Program Staff. Most of our lifeguards and aquatics instructors will be local people. We have several local young people who initiated the necessary training on their own to become eligible for employment at our new Aquatic Center. Hiring of part-time staff for this facility will be an on-going process as staff come and go. · 15A At Monday night's Recreation and Parks Board Regular Meeting we adopted the initial rate schedule for the Memorial Aquatic Center. There was a great deal of research and contemplation which went into establishing our admissions rates. The process of determining a fair and equitable rate schedule, and one that would generate necessary revenues was made much easier by a report prepared by Administrative Intern, Scott Spence. Scott did a comprehensive study of area pools. In formulating our rate schedule, we were cognizant of local taxpayer benefit and to children°s accessibility to the Aquatic Center. Out of City participants pay a substantially higher use rate than do local residents. The general admission and memberships rates are as follows: Admission Fees Child (0-3 years) Youth (4 thru High School) Adult (18-54) Honored Citizens Resident/Non-Resident Free with paying adult $1.25 / $1.75 $2.00 / $ 2.50 $1.75 / $2.25 Punch Card (10 visits) Resident/Non-Resident N/A $13.50 / $16.60 $18.00 / $22.50 $15.75 / $19.75 Memberships may be purchased for individuals, married couples or families. Families are classified as one or both parents and children, High School or younger, living in the same household. One or more three-month memberships may be purchased at one time. Non-Residents Individuals (4-99) $37.50 $ 50.00 Couples $60.00 $ 80.00 Family $75.00 $100.00 The fees include an Honored Citizen category which is comprised of individuals which are 55 years of age or older or are physically challenged. An extensive program schedule has been prepared which includes swim lessons schedules from pre-school though senior citizens. The schedule includes daily open swim periods, daily adult lap swim schedules and two family swim periods. Additionally we have been cognizant of the community concerns regarding the needs for more programming for teens. Therefore, each Friday night will be slated as Teen Swim Nights with Middle Schoolers from 8:30 - 10:00pm, and High School Swim from 10:00 - 11:30pm. The full schedule of Aquatics Programs is included in the Woodburn Recreation and Parks Fall and Winter Brochure which will be published next week. Structurally, the Aquatic Center is nearing its completion. Electrical service has been provided to the building. In the next month a great deal of interior finish work will be completed. This past week our quarry tile entry area was completed, and we are currently in the process of installing our community wall tile~. During the past two years much thought and concentration went into the design of this facility. Active community participation throughout the process has given us a facility which is a reflection of what the community wanted. Undoubtedly, there will be some areas of the design that some may not like, but by in-large we soon will have a fantastic facility to be enjoyed by the citizens of Woodburn for years to come. 15B City of Woodburn Police Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345 Ken Wright Chief of Police Date: August 21, 1995 To: Mayor and Council C. Childs, City Administrator Subject: Human Rights Commission In December 1993 the City Council passed Council Bill 1503 creating the Human Rights Commission and setting a sunset date for the commission. The mission and purpose of thc Commission is to foster mutual understanding and respect, and to protect the human rights of all persons in the City of Woodbum regardless of their race, gender, age, religion, or national origin. With the passage of the ordinance, a two year sunset date was established. Unless the Council continues the ordinance, the Human Rights Commission will cease to exist on December 31, 1996. The intent was, that should the ordinance not be fully activated through appointment of membership and continuous meeting of that membership, the ordinance would automatically "die". I would lake a moment to remind the Council of the importance of a Human Rights Commission. In a community as diverse as ours it is essential that a group of persons representing the many facets of the city establish and maintain dialogue with the citizenry. As long as we, as a community, are in discussion with each other in a attempt to better understand ourselves we will continue to be a healthy community. To date, only two positions on the Commission have been appointed by the Mayor. Before the Commission can conduct business, five additional positions must be appointed to the Commission. 15C MEMO TO: FROM: SUBJECT: Mayor and City Council through City Administrator Ben Gillespie, Finance Directo¢~')q Investment in Derivatives DATE: August 21, 1995 At the July 24 Council meeting Councilor Jennings questioned whether or not the City was invested in derivatives. He mentioned a "60 Minutes" story about two school districts that suffered losses on investments. Their brokers had invested in derivatives without the knowledge of district officials. Councilor Jennings also referred to the loss of 1.6 million dollars by the Orange County (California) Treasurer's Office. The City has two avenues of investment: Private sector investment brokers The Local Government Investment Pool (commonly called the State Pool) The securities that the City can purchase directly through investment brokers are very limited. ORS 294.035 restricts investments available to local governments to: Government bonds Money market accounts (time deposits, certificates of deposit, and savings accounts) Annuity contracts Trusts for public employee deferred compensation Banker's acceptances that are guaranteed Corporate debt that has received the highest ratings from Moody's or Standard and Poor's That statute also allows investments in mutual funds, but the Attorney General's Office has issued an opinion that such investments are unconstitutional. These securities represent the lowest risk relative to yield. The emphasis is on Iow risk of principle loss rather than on high returns. 15C To guard against a broker purchasing a risky investment without the City's knowledge each broker is asked to sign a certificate that reads in part: "All sales personnel of this firm dealing with the City of Woodburn's account have been informed and will be routinely informed and updated concerning the City's investment goals, limitations, strategy, and risk constraints... This firm pledges due diligence in infQrminq the City of all fores~bl~ ri~k~ associated with financial transactions conducted with this firm." (emphasis added) At this time the City has no investments placed through private brokers. This is largely due to easier access and better yields from the State Pool in recent weeks. The State Pool is free to invest in a much wider range of instruments. Jim Yasutome is the Senior Investment Manager for the State of Oregon. I asked his staff about derivatives in the State's portfolio. I was told that the State currently has about 100 million dollars in an security whose value is derived from underlying Treasury Bills. T-bills are an extremely Iow risk instrument. The fact that the investment itself is a derivative perhaps adds some risk. The 100 million dollars in the derivative is 2.3% of the State's total portfolio of 4.3 billion dollars. Approximately 2 billion dollars of that represents the Local Government Investment Pool. I was told that the decision to purchase that investment was based on the same criteria that the State applies to any investment decision. They evaluate the relative value and look for an attractive spread. The initial reports in the general press of Orange County's debacle focused on the derivatives. Later, more thorough analysis reported in the financial press concluded that although the derivatives added risk to Orange County's portfolio, the real cause of the disaster lay elsewhere. Orange County had used reverse repurchase agree- ments to leverage its investments at the rate of three to one. For each dollar of County money invested, it had borrowed three dollars from the brokerage houses to invest in the County's name. When the market began to contract, the brokers asked for additional collateral for the loaned monies. Orange County was unable to provide the collateral, so the loans were called causing the collapse. Investment in derivatives may represent some additional risk, However, I recommend that the City continue to use the State Pool for some of its investments. The State Pool has a long history of good to outstanding performance that includes minimal risk, competitive yields, ease of access to funds, and a prudent investment strategy.