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Agenda - 02/13/1995e CITY OF WOODBURN 270 MONTGOMERY STREE]' ***° WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL FEBRUARY 13, 1995 - 7:00 P.M.. A. Council minutes of January 17 & 30, 1995 workshop meeting, Be and January 23, 2995 regular meeting. Planning Commission minutes of January 26, 1995. Library Board minutes of January 25, 1995. A~ APPOINTMENTS: Cable TV Advisory Board: Phyllis McKean; 2384 Umpqua Road, term expiration: December 31, 1995. 3A 3B 3C ,~NNOUNCEMENTS: 1. Public Hearinos before the City Council: February 27, 1995 - 7:00 p.m. a. Miles Chevrolet Zone Map Amendment & Site Plan approval b. Dangerous building'located at 182 Young Street (Rugged Mfg.) c. Liquor license renewal: La Linda's 2. '1 Love Woodburn' celebration - Tuesday, February 14, 1995 5:00 pm - 8:00 pm at Woodbum City Hall. 3. Council workshop with Salud and FmHA representatives: Wednesday, February 15, 1995, 7:0Op.m. at Woodbum City Hall. 4. Transportation Task Force: February 16, 1995 - Noon at City_ Hall. 5. Wastawater Advisory Committee: February 28, 1995 - 7:00 .p.m. at City Hall. 6. Cable TV Advisory Board - February 28, 1995 - 7:00 pm at Woodburn Ubrary. 7. Council Goal Setting Session: March 2, 1995, 5:00 - 10:00 pm. PROCLAMATIONS A. Chamber of Commerce B. Other Committees ~is--aii0ws public to in~roduce Items for council consideration not already scheduled on the agenda.) A. Annexation 94-02, Zone Map Amendment 94-04, Subdivision 94-03, Cipole Group, Inc. (HENRY FARMS) 8A Page I - Council Agenda, February 13, 1995 11. 12. 13. 14. 15. 16. 17. 18. 19. A. Council Bill No. 1605 - Ordinance granting authority and establishing procedures for inventory searches by the Woodburn Police Department. 10A B. Council Bill No. 1606 - Ordinance accepting a L.O.C. Benefits Services Trust grant and making appropriations. 1 QB C. Council Bill No. 1607 - Resolution entering into a contract to provide educational training and support for smoking/tobacco cessation program. 10C D. Council Bill No. 1608 - Resolution authorizing state purchasing agreement. 10D E. Council Bill No. 1609 - Resolution authorizing an interagency agreememt for collision reconstruction and scene homicide team services. F. Revised Calls for service Priority Est as recommended by Diferential Police Response Committee (DPR). G. 1995 OLCC license renewals. H. Bid Award: Heat Recovery System for Aquatic Center. I. North Front Street parking. _' ........................ ; ......... ~ ' ~. A. Claims for the month of January 1995. A. Washington Federal Savings. A. February 8, 1995 Earthquake. B. Budget Committee Meeting. C. North Marion County Law Enforcement Consortium. D. "COPS FAST" grant award. E. League of Oregon Cities workshop. F. Young Street Railroad Crossing Repairs & Crossing Closure. G. Aquatic Center construction update. H. Building Activity Report for January 1995. I. Code Enforcement 1994 Annual Report. To consult with counsel concerning the legal rights and duties of a public body with regard to cui~rent litigation or litigation likely to be filed. IOE 10F 1OH 101 11A 14A 15A I~B 15C 15D 15E 15F 15H 1§1 ORS 192.660(1)(h) Page 2 - Council Agenda, February 13, 1995 TAPE 000! 0003 COUNCIL NORKBHOP MEETING MINUTES January 17, 1995 D~TE. COUNCIL (~MBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 17, 1995. ~ At 7:00 p.m., the workshop convened for the purpose of meeting with the Wastewater Advisory Committee to discuss user rates. Mayor Kirksey .. Present Councilor Chadwick-. Present Councilor Figley Present Councilor Hagenauer Absent Councilor Jennings Present Councilor Pugh Absent Councilor Sifuentez Present Staff Present: City Administrator Childs, Public Works Director Tiwari, Wastewater Supt. Sinclair, Asst. City Engineer Morrison, Public Works Manager Rohman, Public Works Secretary Gerstner 3A The workshop minutes prepared by Public Works Secretary Lynn Gerstner for the WastewaterAdvisory Committee are attached as a s,,mmary of the discussion held during the workshop. The workshop concluded at 10:20 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page i - Council Workshop Meeting Minutes, January 17 , 1995 WASTEWATER ADVISORY COMMITTEE WORKSHOP w! CITY COUNCIL MINUTES OF JANUARY 17, 1995 Woodburn City Council Chambers 3A Members Present: Scott Burlingham, Chairman Preston Tack Gil Flaugher Rich Barstad Walt Lawson Forrest Mills JoAnn 'Bjelland G.S. (Frank) Tiwari Members Absent: Marv Shelby Consultants: Daria Wightman, CH2M Hill Bob Tomlinson, CH2M Hill Council Members Present: Staff: Public Information: Kathy Figley Elida Sifuentez Mary Chadwick Dick Jennings Mayor Nancy Kirksey Frank Sinclair Dean Morrison Randy. Rohman Chris Childs Barbara Lucas Chairman Scott Burlingham opened the Wastewater Advisory Committee workshop at 7:00 p.m. in the Council Chambers of City Hall. Public Works Director Tiwari gave a brief description of the wastewater committee: prior discussions and decisions made since August, 1993, including the approved planning target year of 2020, population growth rate of 3.4 percent, phasing of the project and selected alternative of treatment process. Gil Flaugher/Preston T~ck motioned/seconded approval of minutes of November 15, 1994. Motion passed unanimously. _ CH2M Hill economist, Bob Tomlinson, presented information on how the city can pay for the first phase ($38 million) of the wastewater treatment system. Sixty percent of the cost would be charged to future users. Developers would be charged $2,977 for each residence, which is an increase of $145 over the present system development charge. Forty percent of the cost would be charged to present users. Based on a sewage discharge of 600 cu ft per month, the bill of a single family user would increase from $14.20 a month to $22.82. Commercial users, discharging 10,000 cu ft per month, would see an increase from $221.65 to $499.33. Industrial rates, for 100,000 cuft, would increase from $1,143.20~ to $4,398.10. These industrial charges are only an approximation because actual charges will depend on the tested pollutant loadings and measured flow. Staff indicated that the average winter use by a single family home'in W~odburn is approximately 700 cuft of water. The consensus of the group was that the sewer user ~ste be flow-based, with a minimum charge for 500 cu ft. The flow-based, minimum charge philosophy was also the preference of those in the audience. A flow-based rate would be based on the average of water use during the three months of December, January and Page I - WVtAADVCOId~IIN11-15 February. With no lawn sprinkling to consider, the flow base represents a fairly accurate water use average because most of the water that comes into a house is discharged into the sewer. The workshop group also felt that the flow-based with minimum charge was the fairest rate option. The minimum will cover some of the cost of the plant and the volume will cover use over 500 cu ft. Because of anticipated public criticism of annual increases, the group also favored an increased rate for a full five-year period. No decision was made as to whether the increase would go into effect in July of this year or next January. In discussing the need to be fair, reference was made to a system based on a portion of every month. Bob Tomlinson explained that return to sewer ratio needs to be determined and in Los Angeles it was 55% of water use actually returned to the sewer. The sewer bill is then based on 55% of the varying volume. The City of Silverton had that system until two years ago, but over time it proved difficult for customers to understand, i.e. how did you arrive at my bill when my neighbor's is this? The higher rates went, the less people believed in the system thus affecting public relations as well. It was felt that':.Woodburn will have to resolve, with administrative action, the historical record problems for those who go south in the winter or those who sell their homes and other unusual cases. Questions were raised by commercial and industrial users about their rates tripling; however, city staff asserted that increased sampling and testing show that commercial and industrial wastewater have a greater impact on the sewage system than has been shown in the past. A laundromat business owner said that his charges will increase more than his fair share, however, residential users in the audience favored the proposal. It was suggested-that the city plant poplars right away so that income would be received sooner. Staff told the group they will be meeting with DEQ and CH2M Hill engineers to hear the city's proposal. The ECOLTREE company wants to establish an experimental poplar planting on a ten-acre site adjacent to the city's treatment plant. This would happen in the next twelve to eighteen months. Both city and DEQ would like to review results of this experiment before establishing the permanent poplar plantation, which means it will probably be 1998 or 1999 before the main poplar plantation is established. Citizens in attendance asked whether a town of Woodburn's size could really affor_d a plant this size. It was explained that several years ago, EPA set 1-1/2% of annual income as the limit for an affordable annual sewer user bill. This 1-112% limit would work out to $333 a year for a householder with an annual income of $22,200. A monthly rate of $22.82 is what the city anticipates for a single family discharging 600 cuft of sewage a month. This would be approximately $274 a year, which is well below the EPA guidelines. Jaime Isaza commented briefly that DEQ will be monitoring the city's financing plan and rates because there is the possibility that state funds may be available at a reasonable rate to help Woodburn finance the new sewage treatment system. At the next meeting on February 28, 1995 the committee will review the draft chapters of the Facility Plan and the final option. Preston Tack/Frank Tiwari moved to adjourn. Meeting adjourned at 10:20. p.m. Page 2 - WW~M)VCOIVI~MIN11-15 TAPE Q001 OO03 COUNCIL WORKSHOP MEETING MINUTES January 30, 1995 ~_~ COUNCIL CH~MBER~, CITY HALL, CITY OF WOODBURN, COUNTY OF MERION, STATE OF OREGON, JANU~Y 30, 1995. ~ At 7:00 p.m., Mayor Kirksey convened the workshop session for the purpose of discussing Ambulance Franchise issues. Mayor Kirksey .. Present Councilor Chadwick-' Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, City Recorder Tennant Also in attendance: Marion County representatives - Michael Hanson, Asst. Legal Counsel, and Joe Fowler, Health Dept. Managers WoodburnAmbulance Service - Randy Garner and Shawn Baird~ Richard Van Orman, Mt. Angel City Administrator~ and Helen Buzenberg, Intern from University of Oregon. 3A 0036 0121 Administrator Childs reminded the Council that the franchise ordinance had been extended to April 30, 1995 in order to address the'~issue as to whether or not a franchise should be renewed and, if renewed, whether or not a franchise Zee should be charged for this service. He stated that staff has further researched the issues since the November workshop and staff memos on this subject were distributed to the Councilors at the start of this workshop. Marion County staff members were asked to attend this workshop in order to provide the Council with information on the Ambulance ServiceArea plan. Joe Fowler stated that the County has been working on a county-wide plan for 5 or 6 years. The plan involved participation from the public, Fire Departments, 9-1-1 ' agencies, ambulance service providers, local government agencies, and hospital service providers. The plan was approved by the State last year and the County is now in the process of implementing the plan. - Mike Hanson stated that the County is only doing the Ambulance ServiceArea plan because State law gives them the - responsibility to develop and coordinate ambulance services~ The plan lays out the ambulance service areas which generally Page I - Council Workshop Meeting Minutes, January 30, 1995 TAPE READING 0547 COUNCIL WORKSHOP MEETING MINUTES January 30, 1995 , 3A goes by geographical boundaries. There is only one service provider in a specific service area. The County has exclusive 5 year franchises with the ambulance services which will expire on December 31, 1997. At the expiration date of the franchise, the providers will need to re-apply and a competitive process could be followed by the County to select the ambulance provider for the next franchise term. An advisory committee is in place which sets performance standards and assures that all state standards are met. Under the state law, the City does have. the authority to franchise, however, the franchise ordinance must conform to and comply withthe County plan. The City franchise allows for rate regulations whereas state law does not.allow County plans to regulate rates. The County can set a fee for administrative services, however, the County has elected not to set any fees at this time. Once the plan has been fully implemented, they may need to hire someone part-time to handle complaints and to review and check performance standards of the ambulance service providers. The County may then decide to impose an administrative fee to offset costs to oversee the ~mhulance Service Plan. In establishing a City franchise fee, consideration should be given regarding the overall impact fees may have on the franchisee and their ability to operate. Under the County plan, the provider is not at liberty to discontinue ambulance service at anytime during the franchise period, however, the County could take over the ambulance service's operation. Coordination between the County and City is a key element in making the ambulance service franchise work withinthe City. Councilor J~nnings questioned the need to have a franchise if ambulance service is closely regulated by the countyiand state. He also suggested that if an ordinance is adopted, the ordinance would basically adopt the county plan and state regulations. Administrator Childs stated that he has had some experience in writing an Ambulance Service Plan through his previous employment and policy issues need to be addressed by the Council before final determination is made as to whether or not a franchise ordinance is adopted. Issues that would make it favorable for a franchise include (1) regulation of rates, (2) County's obligation to consult with City, (3) County - follow-through with their obligations, and (4) provide for th~ city to collect some fee for oversight of the franchise even though the County may impose some fees. Brief discussion was also held on the issue of exclusi~e versus non-exclusive franchise. Even though the City's ordinance may be non-exclusive, the County's franchise will still only provide for one ambulance provider within the City. Page 2 - Council Workshop Meeting Minutes, January 30, 1995 COUNCIL WORK~HOP MEETING MINUTES January 30, 1995 TAPE READING It was noted that the State law provides that the County consult with appropriate agencies, however, a franchise would give the City the right to accept or reject any service provider for the City. 1023 Randy Garner stated that, after hearing the comments made by County legal counsel, he feels that there probably is some benefit to having a franchise with both entities as an added protection for.his business. He also stated that he had prepared written information for Council review which focuses on the franchise fee issue. Discussion was held on the overall concept of a franchise ordinance and it was the consensus of the Council that~he ordinance should only address issues that are not covered by state or county regulations. Randy Garner stated that the City does incur some administrative costs, however, he felt that the City should only impose fees actually incurred to administer the franchise rather than charging a percent of gross income. He reiterated his concerns regarding potential violation of the Federal Medicare Anti-Kickback statute. He suggested that the following issues were identifiable problems: (1) franchise fee is a regressive tax since the burden of the fee is paid by only 50% of the patients with the rest of the accounts uncollectible~ (2) franchise fee elevates rates and discourages the use of the service to avoid the bill; (3) Medicare has changed their category of payments and it is unknown as to what effect it may have on reimbursing the ambulance ~ervice for services provided; (4) people are reactive to, ambulance rates and, as a provider, would like to keep the base rate below $600~ (5) he does not feel Chat the franchise fee goes back to the citizens in providing emergency services~ (6) County will eventually have to establish a fee to offset administrative costs~ (7) franchise tax should not be compared to a utility tax in which service can be discontinued for failure to pay~ and (8) higher ambulance rates may Weaken WoodburnAmbulance's position to continue this service when the time comes for re-applying for a franchise with the County. He stated that he is not at odds with the City and he feels that it is totally reasonable to expect the City to recover documented costs. He strongly - objects to the current percentage of gross franchise fee ' currently being charged. Discussion was held on the fee issue and whether it should be assessed on the percentage basis, flat rate, or a.per patient' basis. Administrator Childs stated that he was reluctant to lose the. current franchise fee payment which amounts to approximately $8,000. Additionally, he did not feel that the Page 3 - Council Workshop Meeting Minutes, January 30, 1995 TAPE READING Tape 2 ~k457 0712 COUNCIL WORKSHOP MEETING MINUTES January 30, 1995 City was violating the Medicare law by charging on the percentage basis. After further discussion on the issue, it was the consensus of the Council that staff analyze costs incurred by the City to administer the ambulance franchise and report back to the Council. Randy Garner stated that he would not remit any funds to the City until the issue is resolved since he is at a much greater risk at the federal level with the Medicare issue. He feels that the City needs to show that the fees paid benefit the people who receive the service. -' It was also noted that ultimately, the County must approve any franchise adopted by the City for ambulance services. Richard Van Orman stated that Mt. Angel is following on the heels of Woodburn since their franchise withWoodburn Ambulance expires June 30, 1995. He commented on how the emergency medical service franchise fee concept is divorcing itself from the regular franchise theory whereas the franchise fee paid is for allowing the business to use City streets. Attorney Shields commented on how the parties agree to disagree with the main issue being the use of federal money collected towards the payment of franchise fees. The workshop adjourned at 8:55 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR 3A ATTEST Mary Tennent, Recorder City of Woodburn, Oregon Page 4 -Council Workshop Meeting Minutes, January 30, 1995 TAPE READING 0001 oo~5 0023 0032 0053 COUNCIL MEETING MINUTES January 23, 1995 DATE. COUNCIL CHAMBERBv CITY I~%LL, CITY OF WOODBURNv COUNTY OF NARIONt STATE oF OREGONt JANUARY 23~ 1995. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick.. Present Councilor Figley Present Councilor Hagenauer Absent Councilor Jennings Absent Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Manager Rohman, Community Development Director Goeckritz, Police Lt. Eubank, Park Director Holly, 9-1-1 Communications Manager Wolf, City Recorder Tennant ~INUTES, FIGLEY/PUGH .... approve the Council workshop minutes of January 5, 1995 and the regular and executive session minutes of January 9, 1995; and accept the Planning Commission minutes of January 12, 1995. The motion passed unanimously. ~PPOI~S TO WOODBURN CABLE T~LEVISIONADFISORY BOARD. Mayor Kirks~_y appointed Don Wilson and Jane Estrada to the Cable Television AdvisoryBoard with their terms expiring on December 31, 1997. FIGLEY/PUGH .... appointments of Don Wilson and Jane Estrada be approved. On roll call vote, the motion passed unanimously. ANNOUNCEMENTS. On January 30, 1995, a Council workshop will be held in the City Hall Council Chambers to discuss the Ambulance Franchise issue. The Transportation Task Force will hold a workshop at the French Prairie Middle School on Wednesday, February 1st, from 4:00 p.m. to 8:00 p.m.. Mayor Kirksey reminded the public that an "I LOVE WOODBURN" Party will be held on Tuesday, February 14th, City Hall Council Chambers, at 5:00 p.m. and all citizens are encouraged to attend.. Refreshments will be served and she will b6 giving a "State of the City" address at 6:30 p.m.. 3A Page I - Council Meeting Minutes, January 23, 1995 TAPE READING 0098 Q155 0222 COUNCIL MEETING MINUTES January 23, 1995 3A UPCON!NG PUBLIC HEARINGS,. The City Council will be holding public hearings on the following issues during the month of February 1995: (1) February 13th - 7:00 p.m. -- Henry Farms Annexation and Zone Change; (2) February 27th - 7:00 p.m. -- Dangerous building located at 182 Young Street; and (3) February 27th - 7:00 p.m. -- Liquor License non-renewals for 1995 (if necessary). PROC~TION - CATHOLIC SCHOOLS WEEK. Mayor Kirksey proclaimed the week of January 30 - February 4, 1995 as Catholic Schools Week in recognition and appreciation to the contributions the school makes in our community. CHEER OF COMMERCE REPORT. Patrick Vance, Chamber Board member, invited the Council and public to attend the annual First citizen Award Social to be held on Wednesday, February 8th. At this event, the Chamber will name and honor a 1) Senior First Citizen, 2) Junior First Citizen, 3) Outstanding Young Farmer, 4) Outstanding Educator, and 5) Outstanding Service Organization Member. This event is a coffee and dessert social to be held at the United Methodist Church. Tickets are available at the Chamber office and will also be sold at the door. He also stated that the Chamber is beginning to plan for a Leadership Woodburn program whereby the Chamber would put together annually an educational program for a limited number of leaders and potential leaders in the community to learn more about ~he community .through a series of regular sessions with government, social, and civic leaders to develop more comprehensive knowledge of the community and to prepare them to take leadership positions within the co~unity and other organizations. ~ETTER OF REBIGN~TION. Mayor Kirksey stated that she has also received a letter of resignation from Ron Wilson who has been a member of the Woodburn Cable Television Advisory Board. Administrator Childs briefly reviewed the duties of Advisory Board which meets 0nly on an as-needed basis and recommendations are forwarded to the Council for any action that may need to be taken. He noted that the Board will be reviewing the North Willamette Telecom application for a Cable TV franchise in Woodburn. Mayor Kirksey encouraged citizens interested on serving on this Board to contact her at City Hall. Page 2 - Council Meeting Minutes, January 23, 1995 COUNCIL MEETING MINUTES January 23, 1995 TAPE ~EADING [291 PUBLIC ~a_~ING - COMMUNITY DEV~_LOPM~NT BLOCK GR~/~T~. Mayor Kirksey declared the public hearing open at 7:11 p.m.. Community Development Director Goeckritz reviewed the staff report which recommends the submittal of a Community Development Block Grant application in the amount of $300,000 for a city-wide housing rehabilitation program and, in addition, to utilize $100,000 paid back to the City from prior housing rehabilitation programs as the City's share of the grant proposal. He stated that under thi? proposal,, ng.?~Y- tax dollars would be used to either administer or renablll=a=e homes. If the grant is approved,"low interest loans would be made available to qualified homeowners which are paid back to the City at the time of sale or transfer of title. In ~ome cases, low income homeowners may qualify for a no interest loan to make immediate repairs to their homes. It is anticipated that the program will provide for the rehabilitation of 40 homes in Woodburn. He reviewed the positive results of the program which include energy efficiency, extended life of the dwelling, and a positive contribution towards the community beautification. Director Goeckritz also stated that this is an on-going program in which we will eventually get money back and can use it in the future to continue the program. Steve Martinenko, Housing Rehabilitation Specialist, will be administering the City's program. It was noted that Mr. Martinenko worked for over 10 years in the Washington County program and is very knowledgeable about housing rehabilitation. In addition, he is a Woodburn resident and will be close by to help residents with problems or concerns that they may have. No comment~ were made on-the proposed grant application by members of ~he audience nOr were any letters from the public received regarding the program. " Mayor Kirksey declared the public hearing closed at 7=19 p.m.. FIGLEY/PUGH... Community Development Block Grant application for housing rehabilitation be approved. On roll call vote, the motion passed unanimously. 0577 Councilors Pugh and Figley commented on the positive results the rehabilitation program has made within the community, especially in the downtown area. Mayor Kirksey also encouraged citizens interested in serving on the loan review board to contact her at City Hall. pUBLIC HE~tH_!NG - P~R~T~SIT PLAN. Mayor Kirksey declared the public hearing open at 7:22 p.m.. Public Works Manager Rohman stated that the City must annually solicit comments from the citizens, primarily from those who have disabilities, to address the services provided by%he paratransit program. The Dial-a-Ride program consists of two components, one of which is the Dial-a-Ride van and the other is usage of volunteer drivers to take elderly and disabled Page 3 - Council Meeting Minutes, January 23, 1995 3A 3A COUNCIL MEETING MINUTES January 23, 1995 TAPE READING citizens to medical appointments. Federal Transportation Administration rules require the paratransit plan to implement the provisions of the 1990 Americans with Disabilities Act. To be in compliance with federal regulations as it relates to the van service, the City must ultimately provide a comparable service to the fixed service route and meet the following six criteria= 1) Service Area, 2) Response Time, 3) Fares, 4) Trip purposes, 5) Hours and Days of Service, and 6) Capacity Constraints. C~rrently, the City does not comply with Response Time and the Hours and Days of Service. In regards to response time, "next day" service must be provided which would require a Monday through Friday operation of the van. The criteria regarding Hours and Days of Service would ~lso require van operation Monday through Friday. In July 1994, a third day of operation was added to the van schedule. Even though the van has experienced a 40% increase in ridership since July, staff does not feel that there is enough clientele with disabilities in the community to warrant a 5 day service. It was noted that compliance is required by January 26, 1997, however, the City could apply for an undue financial burden waiver if the City cannot meet the compliance date. More detailed review of this~ requirement will need to be addressed later this year or during the next annual review of the paratransit plan and no Council action is necessary at this time. Manager Rohman also advised the Council that a proposal will be submitted to the State legislators that would provide additional funds for transit services through increased vehicle registration fees. This proposal, however, would require an ~nitiative process by the legislature and passage by the voters before it would take effect. If approyed by the voters, it would provide a stable source of funding to the City and early estimates indicate that the City would receive $100,000 or more annually for transit services. Ione Muell, Shalimar Mobile Park, was unable to attend the hearing, however, she had requested Manager Rohman to tell the Council that, as an individual with an eye problem, the Dial- a-Ride Van Service keeps her functioning and provides her with necessary transportation to locations within the City. Councilor Sifuentez also stated that she knows of several Hispanic seniors who regularly use the paratransit van service and she hears of nothing but good comments on the program. Mayor Kirksey also stated that a friend of hers, Foster Rigler, had told her that he was very glad that the Dial-a- Ride van service was available in the community to help the elderly and disabled citizens. - No other comments were received from members of the au~ience. Mayor Kirksey declared the public hearing closed at 7=32 p.m.. Page 4 - Council Meeting ~inutes, January 23, 1995 TAPE 0913 0971 1004 COUNCIL MEETING MINUTES January 23, 1995 PUBLIC HEARING - MILES CHEFRO~E~ ZONE ~P AN~NDN~ AND SITE pLAN~PPROVAL. Mayor Kirksey declared the public hearing open at 7:33 p.m.. Councilor Pugh declared a conflict of interest on the grounds of moral and ethical consideration. He stated that he declines to participate and vote on this issue since he has already voted on this issue as a Planning Commission member and feels it is inappropriate for him to vote on it as a Council member. Mayor Kirksey stated that one of her policies has always been that full Council participation is necessary on controversial issues. Therefore, she requested Council continuation of the public hearing until Monday, February 27, 1995, 7:00 p.~., at which time the full Council will be present. FIGLEY/SIFUENTEZ... due to now the absence of a quorum since Councilor Pughunwilling to participate for understandable reasons, and due to the nature of the hearing, the public hearing be continued until the February 27, 1995 Council meeting. On roll call vote, the vote was 3-0-1 with Councilor Pugh abstaining. COUNCIL BILL 1604 - RESOLUTION ENTERING INTO ORS 190 ~GR~EN~RNT FOR 9-Z-Z com~n~CA~IONS SBaF~cEs. Councilor Sifuentez introduced Council Bill 1604. 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 1604 duly passed. CITY H~LL/L~BRARYHVAC SYSTEMS, Administrat~r Childs reviewed his memo requesting Council authorization to proceed with preparation of specifications and advertisement for bids to upgrade the existing Library HVAC (Heating/Ventilation/Air-Conditioning) system and to replace the existing City Hall }IVAC system. The upgrades to the Library system, which will cost approximately $52,000, include replacement of two large axial fans and modifications the mechanical room ductwork. In regards to the City Hall system, three options were provided by the Consultants of which staff has selected the option with the least cost (estimated $72,000). The current multi-zone system would be replaced by a combination of seven "package unit" single zone'- HVAC units. This option will be designed to utilize a combination of gas and electricity, and it will have an estimated 5-year energy savings payback. FIGLEY/PUGH .... proceed with the specifications and bid advertisements to replace the City Hall HVAC system and- upgrade the Library HVAC system. The motion passed unanimously. 3A Page 5 - Council Meeting Minutes, January 23, 1995 COUNCIL MEETING MINUTES January 23, 1995 TAPE READING ;~03 John Zobrist, 923 Willow, questioned if utility companies, through their energy efficiency programs, participate in the housing rehabilitation program whether it be through providing low cost fixtures, appliances, or other energy saving devices. Community Development Director Goeckritz stated that, during the last program, Northwest Natural Gas Co. was a participant in the weatherization program and they provided door hangers in three languages to advertise the rehabilitation program. 1159 James Green, 366 Acacia, brought to the Council's attention that the turning radius for trucks from Hwy. 214 onto Evergreen Rd is to narrow and something should be done to restrict truck traffic on Evergreen. He stated that he-had to wait on Evergreen Rd. for 4 traffic signal changes before traffic on Evergreen could move onto Hwy. 214. Councilor Pugh stated that he had also experienced this type of problem on Evergreen Road. 1211 SITE PLAN RBVIEW #94-23 -- ONE-~OMM CORPORATION. The Planning Commission has approved the site plan by One-Comm Corporation for the installation of an enhanced specialized mobile radio communication facilityto be located at 2780 Progress Way. pIT~ pI~%N~EF~EW ~94-Z4 -- OREGON GOLF ASSOCIATION, The Planning Commission has also approved the site plan for the expansion (1200 sq. ft.) of a ground maintenance facility to be located west of Mill Creek on Hazelnut Drive. PUGH/FIGLEY,.. Site Plans. S94-23 and ~94-24 be approved. The motion passed unanimously, _ ST~FF REPORTS. A) Country Club Road Realignment Project -- It is anticipated that work will begin at the Country Club Rd/Oregon Way/Hwy. 214 intersection by the first part of February. B) Settlemier Avenue Resurfacing Project -- This project will continue to be delayed until weather conditions have changed. The contract has been extended to May 1st, however, the contractor w~11 be laylng the final course of asphalt as soon as weather permits. 1354 Mayor Kirksey stated that she had recently heard of some concerns from local residents regarding the traffic saturation patrol that washeld last Friday morning. Lt. Eubank stated that state law provides that a Polic~- officer can enforce any laws in other jurisdictions provided that the officer has the permission from the jurisdiction's Chief. Several months ago, several smaller agencies in our Page 6 - Council Meeting Minutes, January 23, 1995 3A · , 3A TAPE READING 1515 3585 COUNCIL MEETING MINUTES January 23, 1995 area, which includes Woodburn, formed a consortium to help each other enforce laws that are of a particular concern in each community. Once each month, the officers from the different agencies meet at a designated location to enforce laws such as traffic, DUII, narcotics, and to assist with law enforcement activities at major functions such as the Oktoberfest. In addition to the smaller agencies,' the Marion County Sheriff's Department and Oregon State Police participate in the program. He also reminded the Council and public that the city does have a Ride-a-Long program to give interested citizens an opportunity to see what the officers do out in the field. Councilor Sifuentez reminded the public' that bricks for the Swim~ing Pool can be purchased until the latter part of March. She would also welcome any suggestions from the public for fundraisers that would generate more dollars for the new pool. Councilor Figley enthusiastically support the revival of the Housing Rehabilitation program to improve homes especially within the downtown area. She expressed her opinion that the prior program has turned portions of this area into a quality and attractive residential neighborhood which seems to get better each year. CITY ADMINISTRATOR'S REPORT. Administrator Childs stated that a safety fence has been installed in front of the Salud building along Front Street. He expressed his appreciation to the Street Department for the installation of the fence. He advised the Council that the owner(s) of the building located at 182 Young St. (formerly housed Rugged Manufacturing) have started to demolish the front portion of the building. More information will be available on or before the dangerous building hearing set for February 27th. He also informed the Council that preparatory work is going on at the old bank building (199 N. Front) and a report will be made at the next Council meeting. Mayor Kirksey informed the Council that the Administrator had worked with Salud regarding the safety fence and, as a result, Salud paid for a portion of the safety fence, the City crew installed the fence, and the city will keep the fence once it is removed from the site. She expressed her appreciation to the Administrator for making this project a win-win situation for both parties. -- Mayor Kirksey reiterated her invitation to the public for the "I LOVE WOODBURN" party scheduled for February 14th. Page 7 - Council Meeting Minutes, January 23, 1995 TAPE READING 1686 COUNCIL MEETING MINUTES January 23, 1995 ADJOD]tNMENT. FIGLEY/SIFUENTEZ .... meeting be adjourned. unanimously. The meeting adjourned at 7:56 p.m.. The motion passed 3A APPROVED NANCY A. KIRKSEY, MAYOR' ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, January 23, 1995 3B MINUTES PLANNING COMMISSION MEETING JANUARY 26, 1995 1) ROLL CALL: Chairperson Mrs. Warzynski Present Vice Chairperson Mrs. Bjelland Present Commissioner Mrs. Davis Absent Commissioner Mrs. Henkes Present Commissioner Mr. Kosikowski Present Commissioner Mr. Finch Absent Commissioner Mr. Atkinson Present Commissioner Mr. Salyer Absent Commissioner Mrs. Shultz Present Staff Present: Steve Goeckritz, Community Development Director Teresa Engeldinger, City Planner 2) 3) 4) 5) MINUTES: The Planning Commission minutes of January 12, 1995 were accepted with the correction on page 3 of an addition to Commissioner Bjelland statement "who governed this service with reaards to health and safety issues." BUSINESS FROM THE AUDIENCE: None COMMUNICA ,TIDNS: Staff stated that a Transportation Task Force Open House would be h-eld at the French Prairie Middle School', February 1, 1995 between 4 and 8 pm. This open house provides people the opportunity to come and see what the Task Force is working on in regards to the Transportation Plan. This is first of the three workshops that will be held. PUBLIC HEARINGS: None PCM~=~CM1-26.$5 SG:bw 3B 6) REPORTS: A. Site Plan Review 94-25 Staff stated that administrative approval was given to the applicant, Washington Federal Savings. It is located adjacent to Cascade Drive and Hwy 214. Its access on Cascade Drive will be shared with the doctors office at the south property line. Commissioner Warzynski asked if the parking would be shared with the existing medical office. Staff answered no, they will have their own parking area. Commissioner Stultz asked if the two facilities would be sharing the existing driveway until the new one is built to the north of the existing one and Would it be aligned with the driveway at Cascade Park? Gary Day, representing Washington Federal Savings, stated that the access would not be aligned with the access at Cascade Park. The purpose for the common driveway is to limit the number of access points and to accommodate additional parking. Commissioner Stultz asked if the customer parking would be adequate? Mr. Day answered yes. He stated that this bank pattern does not have a lot of traffic due to mainly doing loans, they do not have safe deposit boxes and checking type of services. The drive through area has a large area for stacking cars. Staff complemented the applicant on the thorough application. Commissioner Stultz had some concerns regarding the traffic on Cascade Drive. Staff answered that the off-set driveways were not a major concern due to the fact the two facilities are not high generators of traffic. He stated that parking on Cascade Drive will be looked at to see if the parking on that street impairs visibility north of the applicants driveway. If it turns out that there is a problem a no parking sign may be the solution. Staff stated they would get back to the Commission on this issue. B. Partition 94-10 PCM~PCM1-26.95 SG'~w 2 3B 7) 8) Staff stated that this applicant is looking at a substantial amount of improvements before anything can build on this lot. Staff further stated that there are pockets in the city that do not have city services, or the roads need to be improved. Staff has granted administrative approval of this partition. As a condition of approval, the applicant will have to hire a surveyor and do the street improvements. Commissioner Atkinson stated that the fire department comment stated that streets were not adequate. He asked if this meant that this would corrected before any building permit would be issued. Staff answered yes.. C. Chapter 16 & 17 Zoning Ordinance Staff stated that the two chapters would be given to the Commission at a later date. D. Transportation Systems Plan Staff identified there were some corrections to the proposed transportation map regarding Country Club Road alignment. One other was the north/south Cooley Road extension. Also a traffic signal was mis-located at Front Street. There was some discussion regarding the connection of 5th Street, highway levels of service and bike/pedestrian paths. E. Letters The Commissiqa reviewed the draft letter the Commission was sending to Mr. Myers along with another and a draft letter to Marice Miller regarding the impact of development on our local schools. '~.- BUSINESS FROM THE COMMISSION: Commissioner Bjelland stated that Barbara Lucas wanted to get the City Council to tour the Wastewater Treatment Plant and she wanted the Planning Commission involved. ADJOURNMENT: There being no other business from the Commission the meeting adjourned. PCM~CM1-26.95 SG:bw 3 3C MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: January 25,1995 Willy Baldwin - Present Nancy Bowman - Present Dorothy Jaeger - Present Gloda Predeek Jean Weathedll - Present - Present STAFF PRESENT: Linda Sprauer, Director Judy Coreson, Recording Secretary GUESTS: None CALL TO ORDER: Vice-President Gloria Predeek called the meeting to order at 12 Noon. SECRETARY'S REPORT: The monthly Board minutes of November 23, 1994 were approved as submitted. The December monthly meeting was not held. DIRECTOR'S REPORT: Monthly Statistics: The monthly statistics were self-explanatory. Activities: A list of activities was distributed to the Boa~.d. The Chatauqua Sedes begins February 22 at 7 PM in the Multi-Purpose Room with "Uniquely Oregon: Exploring Oregon Folklore", a slide and lecture presentation by Sharon Sherman from the University of Oregon. "Twisted Visions: Bias and the News Media" will be presented by Rick Seifert on March 14. "Comfort of Detective Fiction" will be discussed by Lynn Darroch of Mt. Hood Community College on April '18. The Chatauqua Series is sponsored by the Woodburn Public Fdends of the Library and the Oregon Council for the Humanities. Apdl 9-15 is National Library Week. The OLA Annual Conference is scheduled for April 26-29 at the Hilton Hotel in Portland. Linda encouraged Board members to attend. OLD BUSINESS: NEW BUSINESS: Building Repair Project: The repair project is almost completed. The chimney on the old building is not finished yet. A patron has donated the labor to repair the chimney. The Library will purchase the bricks when the number needed is determined. Heating System Project: The HVAC system study has been completed. The Library Board would like the library's HVAC system fans to be replaced along with the City Hall project and not be delayed. Payment for the fan replacements would come from any available funds in the contingencies line item in the Library budget and from the Library Endowment Fund with a loan repayment over a three, to five year pedod. Parking Lot Project: The parking lot for the Library will be completed with a Public Works project. By the February Library Board meeting, Randy Rohman, Public Works manager., will have more information concerning the parking lot which is to be completed by the end of this fiscal year. Sunday Hours: The Sunday open hours are busy. The Sunday hours are no longer on a trial basis, but are now an established 6 months per year service. CCRLS Update: Without the proposed legislation, half of the funding for CCRLS could be lost because of Ballot Measure 5. The proposed bill states the regional library is to be defined as a local govemment service, rather than an educational system, to be funded by property taxes under the Tax Limitation measure. O~,: The Oregon Library Association's legislative goal is to continue LINK (Library Information Network of Knowledge), which provides that all library resources in the state be available to everyoi=~e served by a local library. There are five major libraries in the state designated to answer questions referred to them by libraries in their region. Election of Officers: The Board voted to elect the following officers for 1995: President Gloria Predeek, Vice-President Willy Baldwin, and Corresponding Secretary Jean Weathedll. Letter of Appreciation: A letter of appreciation to Dwight Carlile for his donation of $10 was signed by President Gloda Preedeek. Library Board Minutes 1/25/95 2 BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: "1 Love Woodbum Day", an Open House in'the Council Chambers at City Hall, is scheduled for February 14 at 5:00 PM. This coincides with Oregon Statehood Day and Valentines Day. Budget Hearings: Budget Hearings will begin March 6. Linda reported on the Budget Proposal for 1995-96. The Library Board strongly requested that the Custodial position at the library be restored to the Library's budget, especially for security reasons - for the safety of employees as well as the patrons. Linda will take this request to Chris Childs, City Administrator. ADJOURNMENT: The meeting was adjoumed at 1:25 PM. Respectfully Submitted, Judy Coreson Recording Secretary Library Board Minutes - 1D5~5 MEMO TO: FROM: Mayor and City Council through City Administrator Woodburn Planning Commission~.~. SUBJECT: Annexation 94-02, Zone Map Amendment 94-04 Subdivision 94-03, Cipole Group Inc. DATE: February 6, 1995 At their hearing of December 8, 1994 the Planning Commission reviewed the applicants petition requesting annexation of approximately 22 acres to the City of Woodburn. In addition, the applicant requested a zone map change from Marion County Urban Transition Farm (UTF) to City Single Family (RS). The annexation of this site was sought by the applicant in order to obtain approval of a single family subdivision. After hearing testimony the Planning Commission closed the hearing and moved to ,recommend to the City Council the approval of the annexation, zohe map amendment and subdivision proposal. The City Council may act on one of the following alternatives: Approve, with conditions, the applicants request and instruct staff to prepare an ordinance with findings to substantiate the approval. e Approve but modify the Planning Commissions conditions- of approval and instruct staff to prepare an ordinance with findings to substantiate the approval. _ Deny the applicants request and instruct staff to prepare an ordinance to substantiate the decision with findings. CITY OF 270 Montgomery Street · 8A WOODBURN Woodburn, Oregon 97071 · 982-5222 STAFF REPORT ANNEXATION 94-02 ZONE MAP AMENDMENT 94-04 SUBDIVISION 94-03 VARIANCE 94-07 VARIANCE 94-08 I APPLICANT: David L. Trapp & Associates PO Box 681 Baker City, OR 97814 II OWNER: Cipole Group, INC. PO Box 1108 Tualatin, OR 97062 II! NATURE OF THE APPUCATION: The applicant has submitted a petition requesting to annex approximately 22 acres to the City of Woodburn. The owner of the subject property has filed the necessary petition and does consent to the proposed annexation, in addition, the applicant is requesting a zone map change from Marion County Urban Transition Farm (UTF) to City Single Family (RS). The annexation of this site is being sought by the applicant in order to request approval of a single family subdivision. In addition, the applicant is also requesting a variance to the fence height standards within ten feet of a property line for those lots along Boones Ferry Road and a variance to the setback standards for lots 1, 41, 42, 43, and ~.~.. IV 8A RELEVANT FACTS: Land area: Approximately 22 AC The property can be identified specifically as Tax Lot 400 5S, lW, Section 7BD, tax account number 42333000. A drainage way exists on the site. It is located along the southern property boundary. The subject property is bounded by Senior Estates to west, Woodburn Jr. High to the south, Boones Ferry Road to the east and vacant limited multi-family land and single family land to the north. General description of the area: a. slopes - relatively flat but slopes gradually towards a ditch to the south.boarder b. vegetation - small percent for farming c. drainage- d. flood area - e. sewage disposal- f. utilities (gas,electric,tel)- Existing Land Use a. No. single family units O b. No. multiple family units O c. Commercial 0 Industrial 0 Public Uses 0 d. Open space 22 AC School Impact: The applicant has stated that there will be a minimal impact on the school district. Per staffs request and the required Information for annexation, a letter dated Nove~nber 17, 1994 from Keith Robinson has been submitted. It is estimated that .5'children per dwelling could be expected. 8A V RELEVANT APPROVAL CRITERIA: A. Woodburn Comprehensive Plan Ce Residential Land Development Policies Annexation Policies Administration and Enforcement Policies Housing Goals and Policies Public Services Goals and Policies Transportation 'Goals and Policies Growth and Urbanization Policies Woodburn Zoning Ordinance Chapter 5 Permits and Enforcement Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter 6 Planning Commission 7 Public Hearing 8 General Standards 9 Residential Standards 10 Off Street Parking, Loading and Driveway Standards 13 Variance Procedures 15 Zone Change 19 Manufactured Dwelling Standards 22 Single Family Residential District 39 Mandatory Parkland Dedication of Cash-in-lieu Woodburn Subdivision Ordinance Landscape, ,~tandards Sign Ordinance 8A Woodburn Comprehensive Plan Residential Land Development Policies The residential land development policies A-1 through A-8 have been addressed by the applicant. A-1. Residential areas should be designed around a neighborhood concept. Neighborhoods should be an Identifiable unit bounded by arterials, non-residential uses, or natural features of the terrain. The neighborhood should provide a focus and Identity within the community and should have a community facility, such as a school, park, or privately owned community facility to allow for interaction within the neighborhood. Staff: The applicant has stated that the property is located directly north, of the junior high. No specific community facility is being proposed. The entrance has been identified as having a landscape island and traffic circle. No other community facility is being proposed. A-2 Uving Environment- Developments in residential areas should be constructed in such a way that they will not seriously deteriorate over time... Staff: Construction of the infrastructure and dwellings shall have to meet public works standards and Uniform Building Code. The apR!icant has indicated that a homeowners association will be established. A-3 Development should promote, through the use of moderate density standards and creative design, a feeling of openness and spaciousness with sufficient landscaped area and open space to create a pleasant living environment. Staff: The lot sizes range from about 7,500 square feet to over 10,000 square feet. The minimum lot size allowed in the City of Woodburn is 6,000 square feet.. No provision for open space has been made. A-4 Streets in residential areas should be used by residents for access to collectors and arterial. Residential streets should be designed to minimize their use for through traffic. 4 ~A A-5 A-6 A-7 A-8 A-9 Staff: The applicants proposed development will have one direct public residential access to Boones Ferry Road which is classified as an arterial. All access within this development will be via residential streets that are designed for residential use. The police department comments note a secondary access is needed for police and fire safety. Residential developments should strive for creative design which will maximize the inherent values of the land being developed and encourage slow moving traffic. Each residential development should prov!de for landscaping and tree planting to enhance the livability and aesthetics of the neighborhood. Staff: The applicant has stated that aesthetics are e~tremely Important. The applicant has created lots that are larger than the minimum requirements. The landscape island and circle will help in keeping traffic slow. These areas are proposed to be landscaped and will be maintained by a homeowners association. Non-residential uses... Staff: This policy is not applicable because the site is planned for and proposed for residential use only. Home Occupations... Staff: Home occupation businesses are allowed per section 1.270 of the Woodburn Zoning Ordinance. The applicant has stated that there will be no home occupation and C~bmbination businesses allowed through the homeowners association. High traffic generating non-residential uses should not be located in such a manner as to Increase traffic flows on residential streets or residential collectors, Industrial and commercial uses which locate adjacent to residential areas.. Staff: The subdivision is for single family development. The properties to the north, east and west are planned for residential use, therefore no non-residential uses will impact this development. 8A A-lO High density residential areas should be located so as to minimize the possible deleterious effects on adjacent Iow density residential developments When high density and Iow density areas abut, density should decrease in those areas immediately adjacent to Iow density residential land. Whenever possible, buffering should be practiced by such means as landscaping,sight-obscuring fences and hedges, and increased setbacks. A-11 Staff: The proposal is for Iow density single family residential development. Specific buffering is not required between Iow density residential developments. However, staff is requiring the developer to put up. a 'good neighbor" fence along the western property boundarys adjacent to Senior Estates. Traffic from high density residential areas should ha~e access to collector or arterial streets without going through other residential streets. Staff: This Iow density development will have direct access on to Boones Ferry Road which is an arterial. Annexation Policies Annexation policies are extremely important for the City. While it is important that enough land is available for the necessary development anticipated in the City of Woodburn, it is also essential to prevent too much land being included in the city limits as this leads to inefficient, sprawling development. Because of the need to plan for public iml~revements, the City should insure that there is a five year supply of {recant land within the City. Services should be prov_ided to that land during that five year period. Staff: The Urban Growth Boundary was adopted in 1980. This boundary designates areas outside Woodburn's City Limits that could be annexed to accommodate growth to the year 2000. While the city does not actively annex property there is a policy of not 'leap frogging.' The subject property is contiguous to the current city limits line. City services are available and adequate to accommodate this development. Housing Goals and Policies G-1-1 The City will insure that sufficient land is made available to accommodate to growth of the City. This requires that sufficient land for both high density and Iow density residential developments is provided within the confines of the growth and development goals of the City... 6 Public Staff: Lands within the urban growth boundary and outside of the city limits are available for development. The subject property has been planned for single family development.. Market conditions and supply of developable land dictate what parcels within the city's planning area are developed. Services Goals and Policies It is the goal of the City to provide adequate public services to all areas of the City to include: sewer lines of adequate ..capacity; water lines of adequate capacity for both domestic supply and fire fighting capabilities; and storm drainage to prevent flooding of valuable property where feasible. Staff: Sewer, water and storm drain lines are available, it will be the responsibility of the developer to construct the infrastructure that is needed for this development to occur. It is the policy of the clty to provide facilities at the least long range cost to the city. Efficient design of all facilities should be encouraged. The sizing of all lines should be adequate to accommodate the expected lifetime of those lines The citv should oversize the lines where it is deemed reasonable that durlhg'the life of the facility the lines will be carrying additional capacity. .* Staff: The applicant has stated that facilities and lines will be engineered to public works specifications. Adequately sized lines will be required to provide sufficient capacity to serve this area of the city. All sizing and location of utilities will be subject to review and approval of the public works department. 7 SA Transportation Goals and Policies Staff: The applicant has addressed the transportation policies. One access has been provided for onto Boones Ferry Road which is an arterial. Staff recommends that a secondary access for residential purposes be located to the north for eventual connection to Country Club Road which is a collector. The police department's comments request a secondary access for fire and life safety..The site plan indicates a future access point to the north. The applicant has indicated that this access point would be a lot held in reserve. If the future connection is not realized within a specified amount time, the applicant would be have the ab!lity to then build on the reserved lot'. Staff recommends that a stub ¢oad be provided for. A traffic Impact study has been submitted with this application. The traffic, engineer looked at the site generated traffic volumes, level of service at the intersection of Country Club Road and Boones Ferry and the interseCtion of Henry Farm Blvd and Boones Ferry. Per the report, dally trips generated for full buildout will be 765 trips, 66 AM peak hour and 88 PM peak hour. Both intersections were analyized and given a level of service A. The engineer also stated that no left turn lane is required at this time and no specific off-site road improvements are recommended for this site. The applicant shall provide for adequate vehicular movement. This may include street widening, a left turn refuge lane and connection to Country Club Road to the north. The applicant will be required, as a condition of approval, sign a non- remonstrance consent form for fair share cost of improvements to Boones Ferry Road. Staff will recommend to city council to initiate a local improvement district for improvements on Boones Ferry Road. Sta~ also recommends an pedestrian access point to the Jr. High. The school district has agreed to this and the applicant w~l coordinate with the school district the exact location of this access way. No other bikeway or pedestrian way is being proposed with this development. Growth and Urbanization Policies Policies K-1 through k-11 are applicable to the petitioners request. Public services are available to the site, the developer will be required to pay systems development charges for their Impact on the infrastructure. The City of Woodburn and Marion County hav~ maintained a process for providing an exchange of information relative to the proposed annexation. Marion County has made written response and is in favor of the proposal. Once the annexation takes place, the property will fall under the City's jurisdiction. 8A VVoodburn Zoning Ordinance Chapter 8 General Standards Section 8.190 Vision Clearance Staff: The site plan indicates a landscape island along Henry Farm Blvd and a traffic circle. Both areas are proposed to be landscaped. A fence is proposed to erected along Boones Ferry Road. A variance is being requested to the fence height within ten feet of the property line. The a 30 inch fence is the maximum allowed height. The applicant wishes to build a six (6) foot fence. The preliminary subdivision plat Indicates the location of the fence. The fence will nOt be over 30 Inches high within the vision clearance area at the intersection of Henry Farm Blvd andBoones Ferry Road. Compliance with the vision clearance requirements for all Intersections will be reviewed at time of final approval. Chapter 10 Off Street Parking, Loading and Driveway Standards Section 10.080 Driveway Standards Staff: The applicants driveways will be reviewed and subject to (a) through (j) as applicable to this request. All driveways will be subject to review and approval by the public works department and building department. Chapter 15 Zone Change Procedures Staff: The applicant has not addressed this section of the zoning ordinance. The zone change is necessary in order to reclassify the property from the current zoning, which Marion County Urban Transition Farm, to a city designation,. The applicant-, is requesting that the property be rezoned to single family residential which conforms to the Woodburn Cor~prehensive Plan. " Chapter 22 Single Family Residential District Section 22.010 Within the RS Single Family Residential District no building, structure, or premises shall be used, arranged or designed to be used except for the one or more of the following uses: (a) Single Family Dwelling Staff: The proposed subdivision and single family residences are an allowed use. -. -- 8A Chapter 39 Parkland Dedication.and Cash-in-lieu Staff: The applicant shall be required to pay the required parks systems development charges. Woodburn Subdivision Standards Chapter III Section 7 Staff: The applicant has submitted most of the information as required per section 7. Specific utility information and location(s) can be addressed at the time of final engineering approval. No easements have been identified. The applicant has not indicated access points along the east side of Boones Ferry Road in relation to the proposed development. Landscape Standards Staff: The applicant will be responsible for providing on site landscaping as shown on the preliminary plat. Landscaping should also be provided for along Boones Ferry Road within the five foot fence easement. A final landscape plan shall be submitted to the planning department following preliminary approval. Sign Ordinance Staff: The applicant has not indicated if monument signs will be erected at the entrances. Any signs will be reviewed by planning staff. The building official will issue necessary permits for signs. VI vii COMMENTS FR(JI[/I OTHER DEPARTMENTS: Attachment A Attachment B Attachment C Attachment D Public Works Building Department Police Department Planning Department CONCLUSION: The applicant is petitioning the City of Woodburn for annexation of approximately 22 acres of property described in this report. The annexation, is being requested .for-' the development of an approximate 80 lot subdivision. To proceed with this development, the applicant is requesting a zone change from Marion County UTF Urban Transition Farm to City RS Single family. - 10 VIII RECOMMENDED CONDITIONS OF APPROVAL: Based on the information in this report, the following conditions of approval are recommded: A. Annexation Zone Change 1. Provide Planning Staff a copy of legal survey describing area to be annexed prior to city council hearing. This will be necessary for City Recorder. SUBDIVISION 1. Subdivision approval is subject to approval of annexation and zone change. 2. Comply with staffs comments as submitted by Public Works Department Building Department Police Department Planning Department 3. Submitt copy of Subdivision plat to Woodburn Fire District prior to recordation with Marion County for review. The applicant shall comply with the fire districts conditions of approval. 4. Provide landscaping as in those areas shown on preliminary plat. Submitt one copy of final landscape design to planning department follgwing preliminaryapprval. Vision clearance standards shall be met. 5. Provide landscaping along Boones Ferry Road with fiv~ foot fence easment. Submitt copy of final landscaped design to planning department following preliminary approval. Vision clearance standards shall be met. 6. Plantings shall be watered regularly and in a manner appropriate for the specific plan 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 landscaped and buffer-. areas. All landscape and buffer areas shall be maintained and kept free of all depris, weeds and tall grass. 7. Provide planning staff a copy of CC&R's following pr&liminary approval. 11 8. Provide pedestrian access to the Jr. High to the south. The location shall be agreeded upon by the School District, developer and staff. The access way shall be hard surfaced and lighted end maintained by the homeowners association. 9. Provide site obscuring, uniform fence along entire western boundary of development (adjacent to Senior Estates). This shall be built to city standards prior to any building permit issuance of the dwellings. 10. Provide a uniform fence built to city standards along the entire frontage of Boones Ferry Road. This shall .comply with vision clearance standards. 11. Any singage shall be reviewed by the planning department. Sign permits shall be issued by the building official. 12. The applicant shall provide three 24 x 36 copies of a revised subdivision plat to the planning department. It shall show the subject property and subdivision (streets, access ways) in relation to those uses to the north, south, east and west. 13. The applicant shall provide property line sidewalks within the subdivision. 14. The applicant shall provide stubb out road to the north for future connection to Country Club Road. No offset intersections shall be allowed. Location of stub road shall be determined by the applicant, public works department and planning department at time in engineering approval. 15. No private driveway access points shall be allowed onto Boones Ferry Road. All driveways shall access on internal reside'htial streets. 16. The recorded subdivision plat must be in substantial conformity with the tentative plan for the proposed subdivision. 17. Prior to recordation with Marion County: The applicant shall submitt a copy the subdivision plat for review by the planning department and public works department. Once approved, it will be initialed by the community development director prior to recordation. 12 8A REQUIRED ATTACHMENTS STATEMENT OF INTENT should discuss/eXPlain the mason this request is made. Include brief description of any proposed construction or land use change, show that the request is: 1) in conformance with the Comprehensive Plan; 2) them is a public need for this change; 3) that need is best met by this proposal; 4) them is no other available and appropriately zoned land in the vicinity;, 5) petitioner's cannot make a reasonable use of the land as it is ourrenfly zoned. (See zone change policy .considerations). (Mark EXHIBIT 'A") PLOT PLAN: Show all properties within 250' from and parallel to the subject property and the land use of e~ch. Mark EXHIBIT 'B', Draw to scale. LEGAL DESCRIPTION of the property in metes and bounds (as it appears on the deed); Mark EXHIBIT 'C', or If property is within a platted subcrwision: * Loft , Block: , of (Subdivision). *NOTE: If a fraction of the lot, then attach full description as If it were metes and bounds. NAMES AND ADDRESSES OF ~ PROPERI"~ OWNERS (husband and wife) within 250 feet from and parallel to the subject property. Obtain certified list and map from title company and attach. Mark EXHIBIT 'D". ASSESSOR'S MAP. Attach copy of Marion County Assessor's map showing subject area and outlining 250' notification area. Mark EXHIBIT 'F"/ We, the undersigned, hereby Certify that all the statements in the plot plan, attachments, ~ exhibits transmitted herewith are true and complete, and we are the owners of record or corltm~ purchasers of pmperb/for which the ';~one-map chan.qe is requested: DATE 8A PETITION FOR ZONE MAP CHANGE , DIRECT QUESTIONS TO: (NAME) (ADDRESS) (TELEPHONE (CITY) I (STATE) (ZIP CODE) REQUEST: To change c~,~AC of (present zone/present comp. plan) U-f/:: _. To (desired zone/desired comp. plan) /~<~ es such zones are defined by the City of Woodbum Zoning Ordinance. OWNERS: NAME (PLEASE PRINT OR TYPE) I I * ADDRESS & ZIP CODE oro LOCATION AND SIZE OF THE PROPERTY; or if not addressed, then state ' distance to the ?earest intersecting stre~et or know I~:J.~ . j /~ .. APPUCATION CHECKLIST OFFICE USE ONLY YES NO 2. 3. 4. Statement of Intent (Exb. A) Plot P an (Exb. B) Legal Description of the Property Est of All Property Owners within 250 Feet of the Property Assessors Map . 8A 0rd=r No. 186919-M PreliminaryTitl~ Report June 17, 1994 ALSO EXCEPTING THEREFROM= Beginning at an iron pipe in the North llne of the B. F. Hall Donation Land Claim No. 51, in Section 7, Township 5 South, ~Ange I West of the Willamette Meridian ~-_ Marion Connty, Oregon, which is 2365.59 fe~t South 87' 25' ~.as~ fro~ the Northwest corner of said Claim No. 51;'thence South 2' 33' 09" West 117.88 feet .to an. iron SO-d;' %He~ce'So~th 8'~* 9-4' 53' East, ~a~all61 with' the'N~r~h ] {-e of said Cl-~m No. 51, 57.06 fe~t to .~2he Southwest corner of the ~ugene Gas=ho, et al, ~ra=t described ~.-_ Reel 185, Page 0254, Marion County Deed ~ords; th~ce North 13' 23' 00" East, parallel with Boones Fearry Road, 120.00 fact to ~he Northwest corner of said G&suho tract; th=nce ~orth 87' 24' 53' West 79.61 feet to the place of beginning. Order mo. 186919-M Preliminary Title Report June 17, 1994 8A /75Z.$0 Beginning at an i~on pipe ~ thc North 1~-= of the B. F. Hall Donation L~nd Claim, Township.5 South, Ranges I and 2 West of the · Wills~-tte Meridian, Marion Cou~.ty,% State of Oregon, which pipe is 20.797 ohai~s South, 87" 25' East of the Northwest cor~er of said claim; thence South 87" 25' East 20.797 ch-~-~ to an iron pipe ~n the Nozth line of ~s~d claimaud/n the center line of the Boones Ferr~ Road; thence SQuth ~3' 27' West, along .~he oen~er line of said ron~; 26.553 ch&in~, to ~n iron pipe 20 f~=t North of the South 1{~0 of saidDonati°nLand Claim; t~enoe North 88' 30' West, parallel with the said South line 13.927 o~-{ns to an iron p%pe; thence North 7' 20~ East 26.526 ~ to ~he ~u~nt of beginning; containing 50.89 cures of land, mor~ or less, and b-4,g a part of the B. P. Hall Donation na,d C!~{~ ~n Township 5 South, Range 1 West of the Willamette Mer~ {-Nation County, ~ate of Oregon. EXCEPTING T~EREFROM Beginning at a/1 iron Pipe South 800.77 feet'a~d East 1276.11 fr~m the Northwest corner of the B. P. Hall Donation Lan~ Claim Township 5 South, Range 1, West o~the Willamette Meridian; thence South 7' 20' We~t 1006.50 feet to a point 20 ~eet North of the South line of the.B.F. Hall Donation LandClaim; thence South 30' we~t parallel to said South Donation Land Claim line 1184.10 feet to a point in thc center line of ~he. Boone's F~rrY Road; thence .North 13' 27' Eas~ along the center line of Boone's Ferry Road-986.50 feet; thence North 86" 54' West 1286.50 feet to the point of beginning. EXCEPTING THEREFROM Beginning a~ an,iron pipe in the North iine of the B. F. Hall Donation Land Claim, Towhship 5 Sou~h, Range~'I~'2 West of the · Willamette Meridian, Marion.Coun.t~, Oregon, at the lnterse~tion of said North line with~he center l~ne of Boone's Pe~f Road; thence South 13' 27' West along said c~nter3.~e-' 120 f.e~.; thence North Clai~ 300 feet; thence North 13" 27' ~ast parallel with the canter Claim; then0e South 87· 25' Ea~ along said Nor~ line 300 lest. to the point of beginning. Annexation Information Sheet Exhibit "A" Reason for Annexation Request: It is the intent of the Cipole Group Inc., to annex the property for 'the purpose of a residential subdivision. Exhibit "B" Proposed Development of Area: The proposed development of the area is a higher scale subdivision that will serve the needs of the retiring community. Exhibit "C" Existing Condition of the Area: Currently, the majority of the property is vacant but a small percentage is being used for farming. In the Northeast corner of the lot there is an occupied ,,lrarm style home. Exhibit "D" School Impact Analysis: It is the anticipation of the Cipole Group Inc., that the impact on the school district will be very minimal. The · reason forthis is the targeted segment for this particular subdivision will be the retiring community. UI i ¥ Ut- WOODBURN, ANNEXATION PETITION AND CONSENT We, the undersigned legal owner or contrac~ purchaser and resident electors of a certain parcel of land herein described and attached to this Annexation Petition as Exhibit I, petition the Honorable Mayor and City Council of Woodbum for annexation of that certain property to the City of Woodbum. We further desire that by this petition that the certain property be annexed to and be Included within the cocpomte Emits of the City of Woodbum, Oregon, a municipal corpomtlon, and we do hereby consent to such annexation, without the necessity of any election being called with the area above described, and we do hereby consent that the City Council of the City of Woodbum, Oregon, take steps as are necessary to determine whether or not the said above described area shall be annexed. Absentee Ownei;{$i' or Contract Purchaser(si: Address: Resident Owner(si or Contract Purchaser(si that are Resident Elector(s)*: Address: Resident Electors* that are not Land Owners: Address: Resident Bectors means Registers! Voters " STATE OF OREGON } - COUNTY OF MARION } SS " I, C~ ~~ ~ being duly sworn upon oath, say that I secured each name appearing on the within and foregoing petition, and each name was signed freely, voluntarily, without undue influence of any nature and under no misrepresentation as to the facts, further affirm, that to the best of my knowledge the individuals above named constitute a majority of the eiectom registered in the territory proposed to be annexed and the owners/contraet purchasers of more than half of the land in that territory. (Signature, /~~~---~ L/-"~n~thls ~/~ Subscribed and sworn to .~'v.'- ?~.~tlS~ION EXPIRES AUG. 6, 1997 Date: NOT~ ~BUC FOR OR~ON My ~mmis~n expir~: ANNEXATION PETITION AND CONSENT AN#EXI~'T.693 ANNEXATION PETITION AND CONSENT. We, ,the undersigned legal owner or contract purchaser and resident electors of a ce~ain parcel of land herein described and attached to this Annexation Petition as Exhibit I, pet;ton the Honorable Mayor and City Council of Woodbum for armexation of that ea~taln property to the City of Woodbum. We further desire that by thls petition that the certain property be annexed to and be Included within the corporate limits of the City of Woodbum, Oregon, a municipal corporation, and we do hereby consent to such artrt~ wtthout the necessity of any election being called with the area above described, and we do hereby consent that the City Council of the City of Woodbum, Oregon, take steps as are necessary to determine whether or not the said above described area shall be annexed. Absentee Owner(si or Contract Purchaser{s}: Address: Resident Owner(s! or contract Purchaser(si that are Resident Elector(si*: Address: Address: Resident Bectors means Registered Voters STATE OF OREGON ) ~ COUNTY OF MARION ) SS named co~[;[ute a nmJodty of the electors registered In the territory proposed to be annexed and the o~mers/c~-act pureh~'er~ of more th~n half o~--land In that terdtory. ' Subscribed and sworn to me this (~t -/g( ANNEXATION PETITION AND CONSENT day' of (::~/,,'/~,~,t -.-J' NOTARY PUBliC FOR OREGON My Commiss~en expires: '~ ~'~ A~#EXPET .69'5 Be 8A What is the expected student population of the area upon completion of the development: 5. PARK AND RECREATION FACILmE.~ Exhibit 'E" Is there sufficient area to provide for park or open space for the development: ~ 6. ..LEGAL DESCRIPTION OF THE PROPRTY e Se PLOT PI.AN: Show all properties within 250' from property and the land use of each. and parallel to the subject ExhibE'G" NAMES AND ADDRESS OF AI~ PROPERTY OWNERR (husband and wife) within 250' from an parallel to the subject property. Obtain certified list and map from title company and attach. Exhibit "H" ASSESSOR'S MAP. Attach copy of Marion County Assessor's Map showing subject area and outlining 250' notification area. Exhibit "1" We the undersigned, hereby certify that all the statements in the plot plan, attachments, and exhibits transmitted herewith are lz~e and complete, and we are the owners of record or contract purchasem of property which the annexation is requested: ANNEXATION PETITION - REQUIRED INFORMATION PLEASE PROVIDE THE FOLLOWING INFORMATION: REASON FOR ANNEXATION REQUEST: A. Reason: Exhibit "A" Proximity of City Services - indicate on an accompanying map. PROPOSED DEVELOPMENT OF THE AREA Exhibit "B" If totally or partially undeveloped, What are the future plans for the site (Provide a preliminary site plan): ~ ~ ~ . B. if the site is fully developed provide a plot plan: e EXISTING CONDITIONS OF THE AREA Exhibit "C" B. Ce Land Area: Acres -General description of the area: 1. Slopes: 2. Vegetation: 3. Drainage: 4. Flood Areas: 5. ,Sewage disposal'. 6. Utilities (gas. elect, tele.) Existing Land Use: 1. Number of single family units: 2. Number of multiple family units: 3. Commercial Industrial Public Uses 4. Open Space SCHOOL IMPACT Exhibit "D" Where is the nearest school facility: ANNEXATION INFORMATION SHEET DIRECT QUESTIONS TO: (NAME) (ADDRESS) (cnY) '.1 II. pROPERTY OWNERS: ADDRESS & ZIP CODE I!i. ,LOCATION AND SIZE OF THE PROPERTY: APPUCATION CHECKMST OFFICE USE ONLY ,YES NO ANNEXATION PETITION SIGNED, (NOTORIZED SIGNATURES) BY PROPERTY OWNERS EXHIBITS: 1. REASON FOR ANNEXATION REQUEST 2_ PROPOSED I~EVELOPMENT OF AREA 3. EXISTING CONDITIONS OF AREA 4. 5. 6. 7. 8. (Exhibit (Exhibit "B") (Exhib~ SCHOOL IMPACT ANALYSIS (Exhibit PARK AND RECREATION FAClLmES AVAILABILITY (Exhibit "E") LEGAL DESCRIPTION OF THE PROPERTY (Exhibit 'F") PLOT PLAN MST OF ALL PROPERTY OWNERS WITHIN 100 (Exhibit "G") FEET OF THE PROPERTY (Exhibit "H~ 9. ASSESSOR'S MAP (Exhibit "i'~ ***************************************************************************** ff70~ SCHEDULED HEARING DATE: APPMCATION RECEIVED BY: w~{~ 8A Review of the'application is subject to the Woodburn Comprehensive Plan Residential Land .~,.~ ~. Development Policies, Annexation Policies, Transportation Goals ,and Policies and Urbanization Goals and Policies. The applicant must submit a narrative addressing this approval criteria. Indicate what Improvements will be made to the proposed site and when. Address any potential phasing of the development. A traffic impact study will be needed as part of a complete application. Provide nine (9) copies of site plan on 8 1/2 X 11 for planning commission members. Provide (2) two additional copies ( 18 X 24) of site plan for planning staff and a total of eleven (11! copies supporting documents, narrative etc. for planning commission members and staff. These documents need to be folded and collated. Clarify what is being request6d, e PUD or Subdivision. If it is a PUD, refer to Chapter 21 of the Zoning Ordinance. Some streets do not meet minimum road width standards. Apply for a Variance if applicable. Will there be CC&R's that disallow home occupations. Wh° will enforce it? ~¢~- Access from~_hee~lots shall be limited. One access point onto Boones Ferry shall be allowed. A secondary'access to the north shall be required. This shall be Indicated on the map. Show access points along east side of Boones Ferry Road in relation to the site. Comply With residential lot dimensional standards. Meet vision clearance standards for any proposed signage and fencing at Intersections. Owner should provide for a community facility per the Woodburn Comprehensive Plan Residential Land Development Policies. Provide for pedestrian aqeess way to the School site to the south. Please call if you have any questions. Community Development Department 982-5246 SITE REVIEW of SUBDIVISION 94-0~1~ 'ANNEXATION 94-02 ZONE MAP AMENDMENT 94-04 'MIELER FARM ESTATES" SUBDIViSION PLANNING DEPARTMENT COMMENTS 10/3/94 Applicable approval criteria: Woodburn Comprehensive Plan Residential Land Development Policies Annexation Policies Administration end Enforcement Policies Public Services Goals and Policies Transportation Goals and Policies Growth and Urbanization Policies · Woodbum Zoning Ordinance Chapter 5 Permits' and Enforcement Chapter 6 Planning Commission Chapter 7 Public Hearings. Chapter 8 General Standards Chapter 9 Residential Standards Chapter 10 Off Street Parking, Loading & Driveways Private street standards Chapter 15 Zone Change Procedure Chapter 19 Manufactured Dwelling Siting Standards Chapter 22 Single Family Residential District Chapter 39 Mandatory Parkland Dedication or Cash-in-lieu Woodburn Subdiv~lsion Ordinance Landscaplng Standards Woodburn Sign Ordinance The following Information is needed in order to review the application for completeness. This Information must be submitted to the Planning Department no later than 4:30 PM =4~o~40ctober ~0, 1994. Please note that a complete application must be submitted, reviewed and accepted by the Planning Department at least 21 days prior to the scheduled Planning._ · Commission hearing on N°vember~0',,1-9-94' Provide an certified list prepared by a title company of property owners within 250 feet of the property boundaries. Pay appropriate application fees. Attachment D City of Woodburn Police Department 270 Montgomery Street Don Eubank, Ueutenant Criminal Operations Date: To: RE: MEMORANDUM Woodburn, Oregon 97071(503) 982-2345 Ext. 351 September 28, 1994 Teresa Engeldinger, Planning Department Cipole Group, Inc. After reviewing this site plan review I would make the following comments: 5. Secondary entrance/exit to area for police and fire safety. Please call or see me' if you need clarifiCation. Left turn lane N. Bound Boones Ferry traffic for safe entry into area. Stop Signs.o.Each end of Henry, each end of Aletha, South end of Miller Farm Loop at Mayanna Dr and Exit from complex at Boones Ferry Rd. Standard pole lighting at all corners. Standard pole lighting at entrance/~xit on both corners. Attachment C PROJECT LOCATION: CONFERENCE PLACE: Conference Room * DATE: Woodbum City Hall REQUEST DATE: ct- CONTACT PERSON: Teresa EngeldlngeG Planning Dept, 982-5246 APPUCANT: l~)~v(ck-U'v-~pl~ ~ ~~s ~ 0._( ~t~ C_~~ ,"~'~-.. I'YPE OF PROJECT: ,~¢~.~.-~o,.~ .~_.~. TIME: I', I have read the Information sheet provided me and understand that which is pert~ent to my ~ ire Plan Review/Pre-Application request. All materials are to be collated and folded. ~ Signature - Owner/Agent DEPARTMENT COMMENTS 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 B 18. On site construction shall not commence until improvement plans have been reviewed and approved by the Public Works Department and all right-of-way permits, non-remonstrance consent forms are signed. 19. Final plan shall conform to the construction plan review procedures and standards. 20. Final plan shall conform to the City of Woodburn standard specifications and all state building codes. 21. Comply with comments as submitted by public works department, building department, police department, and planning department. 22. Following recordation with" Marion County, the applicant shall submitt to the planning department three (3) copies of the r. ecorded subdivision plat. SUBDIVISION PARTITION pRI~LIMINARY PLAT APPLICATION Date: Application No. SUBDIVISION NAME: DIRECT QUESTIONS TO: (NAME) (ADDRESS) (CITY) (STATE) (ZIP CODE) PROPERTY OWNER; (Please print or type) ADDRESS &-ZIP'CODE . te ¢orooo . . P.o. 2. Certified list with the names and addresses of property owners within 250 feet for a Subdivision and 100 feet for a Partition. 3. REQUEST: Give the acreage, number of lots, average lot size and any variances being requested. For example: "To divide 32.6 acres into 74 lots with variances to allow lot frontage on a cul-de-sac of 38' where 40' is required." The ZONE AND COMPREHENSIVE PLAN designation in which the parcel is located: Rs - e Describe the location of the property or give the address: Se Map No._;~l~.~ Tax Lot #(s) Attach a written statement, marked Exhibit 'A" which explains your reasons for subdividing the land and provides evidence that the request conforms to the Woodburn Comprehensive Plan, Zoning Ordinance, and Subdivision Policies. -.., The applicant bears the burden of proof that all approved cdteda has been met. Page 2- SUBPART~6~93 Attach 10 preliminary plats which contain the following information (Exhibit "B"): Preliminary Subdivision (Partition) Plat Checklist. () () () () () () () () Date Vicinity Map - ~ ~~c[ Subdivision Name (The name of any proposed subdivision shall not be the same as or similar to any name used on a recorded plat in the county or city). Township, range, section, tax lot number(s), acreage of the property to be divided. North arrow, scale (one inch equals 200 feet or larger) Locations and names of all existing streets within or on the boundary of the proposed subdivision/partition. Locations and names of all proposed streets. Lot (parcel) layOut with approximate dimensions, lot (parcel) numbers and areas for all lots (parcels). Zoning and Comprehensive Plan designations in the proposed subdivision (partition) and area adjacent to the proposed subdivision (partition). Indicate which buildings are to remain and which are to be removed. Topography within and adjacent to the proposed subdivision/partr~on. Locations of drainage ways, flood ways, or floodplain within and adjacent to the proposed subdivision/partition. The location and size of all proposed water, sewer, and storm drain lines. The location of all proposed fire hydrants. Signatures of each owner (husband and wife) or contract purchaser. NAME(_,.~ ADDRESS AND ZIP CODE /2. o. Page3-SUSPART=6/93 Henry Farm Estates Proposed by the: Cipole Group .Inc. Introduction and Legal Description The Clpole Group Inc. is submitting an application for ~nnexation, zone change, and subdivision plan for the property described as: Begimfing at the iron pipe in the North L/ne of the B2'. Hall Donation Land Claim, Township 5 South, Ranges 1 and 2 West of the ~m~.tte Meridia~ Marion Cbunty, State ,of Oregon, which pipe is 20.797 chains Soutl~ 87 degrees 25° East of the Northwest corner of said r]~tm.-, thence South 87 degrees 25' East 20297 chai~ ~o an iron'pipe in the North line of said rt~m _,nd in the center line of the Boones Ferry Road; thence South 13 degrees 2T West, along the center line of said roa& 26~26 chains, t~ an iron pipe 20 feet North of the So~_,th line of said Donation Land ~ thence North 88 degrees ~0' West, parallel with the said South line 17!)27 chains to an iron pipe~ thence North 7 degrees 2(Y East 26~26 chains of the BF. Hail Donation Land/'~tm tll Township 5 South, Range 1 West of the lb~llame~ Meridian in Marion County, State of Oregom Excepting Therefrom Begt.-iug at an iron pipe South 800.77 feet and East 1276.11 feet frmn the Northwest corner of the BF. I~.ll Donation Land Claim Township 5 South, Range 1, West of the V~t~m~e Meridiam th_~-nce South 7 degrees 2/Y West 1006!~0 feet to a point 20 feet Narth of the South line of the BF. Hall Donation Land Claim; thence So~tl~ 88 degrees 3(Y West pamnel to said South Donation Land Claim line 1184.10 feet to a point in the center line of the Boone's Ferry Roa& thence North 13 degrees 2T East akmg the center line of Boone% Ferry Road 98(L50 feet; thence North 86 degrees 54' West 1286.50 feet to the be~f~'--t~g at an iron pipe in the North line of the BF. Hall Donation Land Chim, Township 5 South, Ranges i and 2 West of the V~ll.m~_tte Meridian, Marion County, State of Oregon, at the intersection of said North line with the center line of Boone's Ferry Road~ thence South 13 degrees 27' West along said center line 120 feet~ thence North 87 degrees 25' West parallel with the North ~-e of said Donation Land Claim 300 feet; th~ce North 13 degrees 2T East parallelwith the center line .of said _ road 120 feet to the North line of said Donation Land Claim~ thence South 87 degrees East along said North line 300 feet to the point of beginning. At present, the parcel of Land is in farm deferral and has been used as such. It is a fiat piece of land that slopes very graduaIly towards a ditch to the South border. It is a parcel of land that is bordered to the West by the Senior Es~tea, Woodburn J~mtm' High to the South, Boone's Ferry Road to the East, ~-d_ three dtffere~lt parcel~ of la, id/D the North. Itis the tntent of the Ctpole Group Inc, t~ deveJ~ this land into a 79 lot subdiv/s/on with an averse of 8~X) squ~re foot lots. The available lots will then be It is the tnte-~_ of the Ctpole C~o~ to govern this subdivls/on with a set of covenants, con~t~aus, and restric//ons, as well as establish an association ~o maintain the _comm~m~ty L~n~. The Comprehensive Plan 8A Am Residential Land Development Policies A- 1. Residential sreas should be designed around a neighborhood bounded by arte~nt~, noa-restdentiat uses, or naunm tcm~ identity within the community ami should nave a comnmm~.y facility t~ allow fo~ interaction within the neighborhood. The property ~g proposed for annexation is located directly north of the Woodbum Junior High School This location allows the property t~ m~intain a beneficial relationship with the COrnm~nity. A-2. L~ mmnmmeat- DemoVme~s ~ nmdm~a areas sedooslydeted~__'_~-o~rtlme. -... -.. ---.,, additional standards the Ci~ deter~ snoma oe msptmcu insure mm-degrading hous~-g ~,,~ts, should be encouraged b~the Clt~. manner which obeys every mmng ormmmc, e~eepm~ m accordance with these or~-n,~es will guaran~-e a respectable and safe enviropm~-nL space to ereste a pleasant living e~viro~m~mt. , ,The- proposed development has very spacious lot sizes that ,~n necessitate a pleasant COmm~mity. Streets in residential areas should be used by residents for access to oollectm~ and artednt Residential streets should be designed to mtnlmlze their use for tlmmgh tr~mc- hom~ver, ~ possible dead-emi streets and cul-de-sacs should be avoided. In the design of the sulxiiviston there is only one access via Boones Ferry Road. This win avoid any ;mnecessary tr~fHc. A-5. Reside~_~=! develog~s should strive fo~ creative design -._ which ~ maximize the inherent values of the land being demdoped and m~ slow movln~ ~me. Each residential development should provide for !~ndscaping and tree planting to enb_n~ce the livability and aesthetics of the neighborhood- Aesthetics are e~'emely impo. rtant to this development- The project is aiming for an all inclusive effect, not just unique ~pec~ thgt WOZl~ function together. In order for this to occur, appeaxance and safety must be attended to in the highest degree. Non-residmttsl ~ses should be ~ from locating in should be phased outas soon as possible. and will therefore not be in danger c~ a non. conforming Within the proposed development there will be no hmne occupation and comttuaflon business 8A High tm_mc generating non-residential uses should not be Ioca2d in such & manner as to increase tr~mc flov~ on residential streets or residential cogectom. The proposed development has an access that is unique to just the development, and therefore will not generate any non- residential uses. :D. ,Anner'~tion Policies D-1 D-2 Annexation policies are ex/re, ely imports_ n~ for the ~t~y. While it is impor~__nt that emmgh l~nd is mmilable for the n _eoesf~wy_ _ va~mt land within the City. Servl pro~. during that. five ~ period. theredoes ~ot exist an adequate supply~ for anve year pen This ~vmexation will allow for that needed ~ as well as befl~ a logical functional and orderly addition to the City. Prior to the approval of Site p~n: Subdivision or l:~mned Unit Developments foe- land annexed to the city west d hterstate ~, a de~ Tmnspm'taflon Impact Study with the Depaflment ~ Tr~__~portatton proposal prior t~ final City actio~- The proposed developer is tD the east of Interstate 5, therefore this does not apply. G. Housing Goals and Po/ides. , ~ql~e ho~ng goal cf the city is t~ insure _~- adequate housing for all seet~ of the eomnmnity is provided. _ Poncies c~t~. --zsci. n: ts theDon~ e/the clt~ to sssist and ~e ~ .ow.m?., It is the intent of the Ctpole group to ~nnex this property for the purpose of a Iow density residential development ~h~ is with~ the overall city zoning plan: and ,_l~hough there is a zone change application, it win remain within the ~m~ zone category. "- It is the policy of the City ~o encourage a variety .of housing types t~ accommodate the demandsof the Local housing maflie~ At present there is a variety of housing options within the CRy of Woodbttrm Of these options there does not exist a vacant residential subdivision comparable to the one which the C/pole Group is proposing. The Cltywill need W insure there exists housing for the future pop~_~l_~_tion goal ( as stated in the Comprehe~.q~ve l~n) and this prolx~ subdivision will meet the needs of a future rr~rket segment. Unlike other present subdivisions, Henry Farm Estates offers spacious lot sizes. - 8D00 square feet. It is adjacent M the Senior Estates and across the street from Tukwlh, two develol~nts which have been very successful and are located in a geographically desired area. Una~- these subdivisions which have appealed to specific market segments, Henry Farm F~states can offer a ~l~erent housing option appeasable ~w the current Henry Farm Estates is propos/ng a tr~__dffio~aI subd/vis/on that is not e ~m__~ti~ and would not stray _from current accep~ble ordinances. Hem~ Farm Estates will not be a low income subdivision. It will con~n 79 lots which will be offered at current r~rket prices. Ho Public Services Gonls and 1N~cies. SUpliy and Sbrm drainn~e ~o prevent floo~ln~ of v~h~nhle pl'operty where feasible. H-2. To provide a central system ~o aecommoda~ the service lines to inclnde: Sewage ireaiment facilities s,,melent ia capaclW ~o o~mmnodaM the CR~s growth until the year 2(X~ Well s~ and treatment ~f wat~ as is necessary ~o accommodate the needs o/the City. Delention sysl~ms for flood wa~r and simon dr._in runoff so as not to overburde~ the drainage sysiems of the city. 8A Policies H-2. H-3o H-4~ it is the policy of the City to provide facilities at the ~_ie~__st long rn~ge eost tx~ the City. In accordance with the regulations of the Public Works Depa~ the Clpole group win lp_~ low mMntenance f=_~!!fles which win not deteriorate prematur~y. The Rues will be engineered to the Public Works specification, which will insure e~cient desigm The City should o~ersim the xnes ~here it is deemed reasonable that dining the life o/the facility the lines will be cm~21ng addlflo~n! capacity. Henry Farm Estates is a sulxliviaion with a pre-deterrra-ed capacity. This should allow for an initially efficient desig~ opemflmml cost facilities such as a lift stations whenever possible. To their lflghest pot~___ _~=~; subject fo cans~ ~ the Land Use ~ and ~ m-cas set aside fro- ope~ spa~ ~m m' parks. · Henry Farm Estates- will not require the use of high maintenance peripheral facilities which wotfld increase opera~onn! costs.-_It is maxtmiz~g the utility of a well planned public service infrastructure. anyother arms mtlyas a Instresort. The City will adhcrc t~ the policies in the StormW___~_ and Water and ~-~mr elements of the Comprehensive plan. This proposed development is in an area of existing utilities. Major uttltttea run paranel with Boones Ferry Rd and win allow for efficient e~t_e-ston of the services. To insure,that the grosvth does not ina'ease the cost to the pres~ City residents, the City~ policy should insure th_n_t the ne~ developments HoTo pay fo~ any additional services they demand. The City shall institute the necessary taxes and fees to insure that this is accomplished as far as is practical The C/pale Group accept~ a financial responsibility to pay for elements concerning the connection of necessary utilities for the propped subdivision, and is willing to abide by these obligations. However, the C/pole Group does not foresee any additional serv/ces that will increase the cost to present C/ty residents. It s~,nn be a policy of the City to maintain a wor~n~ Capital Im!~vement ~ which Shnn ~i! a set of public facility projects, their e~__ts, and fnnd~-g for a six ~ar period, and for the logical ex2mlon cf public c~_~ntles over a proJec2~l twenty year period. It s~u nnd nmendlt ns necessary to Imm ~ public ~nf~nstructnre where needed and to nmintatn cmnpnance with ~oncy itt} {~} c/the docmnmt and the $~de ~n4 use goal eleven.. (Public l~_cillties l~mnlng). The Capital Improvement Plan wffi not be burdened to provide utilities to Henry Farm Estates, due to the dose ptm/~ty of exist/ag utilities. t I. 'Et-nn,poFtaflon Goo]s and Policies Goal 1-1. Establish a fr~~ fo~ the development of facilities to move PoHctes 1-1-2. 1-1-3. network. SA 1-1-5. The C/pole Group comprehends their responsibility to the improvement of Boones Ferry Rd as a result of increased tra~c vol, tree. It is also underst~-r{ that this is Hrrated to their respective side of the street including the distance of the bordering property boundary. Develop a public transit system which win provide service and facilities to improve the mobility and accessibility ~f the transportation disadvantaged. 1-2-2. Develop a tr~ n-~pm-tation sy~i~m that avoids er reduces a reliance upon any one fm'm ef tr~_.sportaflom movement of tr~n=it bikeway and pedestd~ sys~m which will provide routes Prmno~ op~_ m_-m efficiency wi~;- the _tr~s_ _~~ system by the use of traffic management {x~chniques including aoeess controls on major ~ and the um~tion of available h¥-_-~tt system capacity Je IL K-X. Growth C~d Cites goal is m grow to fi population o~ qqrozlmaidy 18000 by neoemm~p~c services. The groma mnoum ne Dmancea m restore, o,; should not add any addltlo~,! burdem oa the C~ty's tsxl~m~. The Ctpole Group is propos/mg a subdivision that win provide housi~ for a future market segment without bmdeulug the current City's taxpayers. In addition. Henry Farm F~_t__~s_ is a subdivision th, t m~h~m the C/t~s growth goal policies, It shows an orderly growth Growth and Ult~nJ~dion Policies. To insure the growth Is orded~ and efficient, the City shall ph~e Henry Far~n Estates is in accordance with the overall zoning This proposed development is outside the city It,vats but is zoned X-2o K-4 8A for low density reaidential development. It ia also in accord_ nnce with the Com?rehensive Plan. The Com?rehenaive Plan calls for policies wlg. ch prohibits sprawled develo~rmaent. This proposed development is bordered on thr~ aides by the city limits and if would exem!~, lily a natur~ succession and surfeit the Com?rehensive Plan. To ~n-~ure that the City~ growth does not emceed its abmty to provide public services, the City sh~ll adopt a growth control similar to the Limited ~ O~n-nce now in effect. When and ff the and determine at that time ff it is in the public interest to facilities to accommodate the additional growth, The. proposed development is already within the' confines of the existing growth dewrm~l-., therefore, the development of Henry Farm Estates does not dem~na expanded public facilitie~ The accel~,~e of H_~ry Farm Estates will help to promote growth and prosperity as well as avoid any --necessary measures to stimutate growth. The County sh.. rcia~ responslbm~ fc~ regulating land use on bads wl_fll~, the ~_growth area until such lands are annm~ by the This parcel of land is sturounded by an url~_-t-ed area and should be available for urban development~ The City and County shall ..~,,~n a process provtai-g fo~ an excha~e o/infor~on and ~,~ao~_~ relating to land use c~sld~ed in the mt.m ~owth .r~ by ~ CoGGW s--- oe mnramea Dy shall z~pond wt~,- t~mW daTs..akss the ~ mlu~ and the ~ ~-anm an e~mmimx. ha~e t~enty days to respmd unless they request nd the City allows additional time to submit emnments before the City ntahes a derision on the annezation proposal. the annexation request and has provided ~n!2ut for the prior .proceedt~s, 8A K-9. K-1L All land use actions within the urban growth area and outside the city limits sb~ll be conslsbmt with the Cities Comprehensive pl2n and He~ry Farm Estates satisfies the stat2d goals of the Cites Corr?rehensive Plan _~nd b~.~ been consistent with County's L~nd use plan. Ia orde~ M promote eous]stmcy aud eoo~ion ~ thc portion ~ the mban growth area outside the city limit. Such slain be consldez~d first by the Cl~ and refctred to the County prior to the count, s This is an area that does not apply to the Clpole Group ~r the Except as provided in Polioy K-10 bdow, the area outside the urban growth boundazlr sh-" be .,~i.~n,.d in rural and resom~ uses consisi~nt with Stai~wide Land Use Phnning Goals. growth boundary. The City and County shall sirlve il) enlLanoe the livabiflty of the urban growth area and ~o prom~ logical sad orderly development therein a wi*M~ the Urban Growth Boundary prior M snnexaflon to the city shnH both !)~ cl:ix~dc:d ~ tho c~t~' Hmits. ~ as ~ ~ to in w~ting !~ the C2t~ and CmmtT. Th~ C~t7 sh~,11 IX: z~sponslbk: for preparing the public facilities plan. l~ntt~. ,~,~,,e~ng tins piece of property woul~ follow a iogi.c~l, sequ .e~e. In con)unction, there is adequate utilities nearby t~r woma pr _o~ote a cost effective connection- -- consideration d: O~ Orderly, economic provision for public fadlities and servloes; The ~ Subdi~iaion is bordered by the city ~mi~s on three $ide~ The ~.~n~-~tion of the this property will indicate a logical, and orderly extension of the city limits. As well as, advantage of the nearby utilities, which are economically app._ ltn~. b. Availability of su~cient ~nd for the various uses to insure This proposed subdivision will allow the buyer a di~erent type of housing option. An option that offers a neighborhood environment with very spacious lot sizes. 8A & Encouragement of in-filling deve/~t within developed areas before conversion of ur~ni~d incas; and e. Applicable provisions of the M~don County and City Comprehensive l~n.~. project mee~s the need of the City's goals. It is au crg~m-ed extension of the city limits ~h~t defies-the notion of sprawling. In addition, this project ~ advantage of a ~Jl designed infr~m~ture that will be able to sufficiently service this project without an addl~onal e .xT~n_ -_~e W the goal of the C~ty by enabling suver/luous ~ ~o continue in an orderly fashion- ENGLE & SCHMIDTMAN ATII'ORNEY~ AT LAW NORTHWOOD OFFICE PARK- 610 GLAI-r CIRCLE November 17, 1994 Theresa Engledinger Woodburn City Planner oty Hah 270 Montgomery St Woodburn, OR 97071 Re: Henry Farms Subdivision (formerly Miller Farm Estates Subdivision) .. Dear Theresa: As you know, I represent the {Dipole Cvroup, the developer of the above subdivision. It is my hope that the enclosed information will permit you to prepare notices of public hearing for tomorrow which will permit a public hearing before the Planning Commission on December 8, 1994, on this projeca I enclose herein the following documents: A preliminary layout of the Henry Farms Subdivision showing street names, a subdivision name and Boones Ferry Road fence locations. Z 3. A copy of the,.pre!iminary utility layout plan. The original of a letter from Dr. Keith Robinson, Superintenden~ of the Woodbum.Public Schools providing a school impact analysis to the Woodbum Public School system of the project. 4. A traffic impact study. As attorney for the developer, I am authorized to commit to you the following: The developer is willing to reserve one lot on the northerly boundary of the project for a fixed number of years to be negotiated between the developer and staff, which lot could be used to provide a northerly access to Country Club Road if the parcel or parcels of property between Henry ~arms Subdivision and Country Club Road develop appropriately for use of said access during the fixed term. Theresa Engledinger Woodburn City Planner November 17, 1994 Page 2 e The developer will reserve a pedestrian access way between Henry Farm Loop and the southerly boundary of the property at a location which is acceptable to the School District and to the City of Woodburn. In my discussions with Dr. Robinson regarding the school impact analysis, he advised me that he would like to see a pedestrian access but he would like to work with the City and with the developer's engineers as well as the School District's engineers to identify the most appropriate location for such pedestrian access. We do not believe that this access needs to be provided on the plat map at this time as long as the developer commits, as it is doing by this letter, to provide to the School District an easement or to provide to the association managing common property an easement for that purpose. The originals of the site plan will be delivered to me tomorrow by Federal Express from Mr. Trapp in LaGrande. The enclosed copies of the site plan were faxed to me by Mr. Trapp for the purpose of meeting your Thursday deadline for the filing of these documents. Se At the time that I dictated this letter, I have not as yet received from Mr. Trapp the traffic impact study, but I expect to receive it within the day. If it is not received today, I will commit to you the delivery of that study, presumably by. Friday night, November 18, and in no event later than Monday night, November 21. The developer will provide restrictive covenants to disallow home occupations. The restrictive covenants will be enforced by a homeowners' association, or other entity acceptable to the City, created by the restrict/ye covenants. The island and turnaround circle in the entrance of the project will also be maintained by that entity. If further information or commitments are needed, please advise. your help and cooperation in ~hi.~ matter. R B~~T~NGLE We appreciate Rl.F~:ak/Encls H. S. Stein, P.E. .Transportation Engineer 0/-% 13340 S.W. Hanson Road Beaverton, Oregon 97008 Phone/Fax (503) 641-1437 November 22, 1994 Project No.: 154.00 Mr. Steve Goeckritz Community Development Director City of Woodbum 270 Montgomery Street Woodbum, WA 97071 SUBJECT: Traffic Analysis for the Proposed Henry Farm Subdivision along Boones Ferry. Road in Woodbum, OR. ' Dear Mr. Goeckritz: In response to your request, I have performed an analysis of the tmffi~ impa~ of the proposed Henry Fan~ (80 hcrees) which is located along the west side of Boones Ferry Road, south of County Club Drive. (See Figure 1 attashed.) As shown below, the traffic generated by these homes can be a(xxxnmodated on the existing roadway network. This truffle anaiysis extends the work lhat was performed for the Orchard Greens development that was dated July 11,1994. Existing Traffic Volumes A reconn~ of the site and its vicinity wes conducted. Traffic volumes within the study ama were obtained from actual weekday peak hour traffic counts conducted during July 1994. Figure 1 shows these recent a.m. and p.m. peak hour volumes obtained at the key intersection of Boones Feny Road and Ceunty Club Road. Trafrm volumes greater than 20 were rounded upward to the nearest 5 vshicle~; It should be noted that only minimal traffic volumes tu~m to/fi'om Count~ Club Drive from Boones Ferry Road. Existing Peak Hour Traffic OperatiOns To assess the Impact of full buildout of the Henry Farm subdivision, traffic operations were analyzed during both a.m. and p.m. peak hours. Interse~on operational analyses were conducted using the p~ures in the 1985 Highway Capacity Manual (HCM) for evaluating unsignalized Intersection. The operation of an Intersection is defined in terms of Level of Service (LOS) criteria which are stated as a letter grade ranging from LOS A, indi(=aflng free flow, little delay traffic (~onditions, to LOS F, Indicating fomed flow traffic (x)nd'~ons with long delays and vehicle queuing. For unsignalized intersections with minor street stop (x)ntrol, the LOS refle,~ the operation of the most critical traffic movement/approach for the intersection and the criteria am based on the number of available gaps in major street traffic. The critical movement is typically a left tum maneuver from the minor street approach onto the major street. The capacity worksheets am on file in my office and will be made available if needed. Traffic Operations · Oeveiopment Impact · Paridn~ · Accident/gatety Analysis · Henry Farm November 22, 1994 Page 2 Table 1 shows the calculated Levels of Service (LOS) for study area intersections based on peak hour traffic volumes shown in Figure 1. These results indicate that this intersection operates at LOS A during both the a.m. and p.m. peak hour, which is the highest LOS grade. This finding was confirmed during the field reconnaissance of the study area that was conducted during the peak hours. Few vehicles experience any delay In making their maneuvers. Table 1:1994 Current Levels of Service A.M. Peak Hour P.M. Peak Hour Reserve Level of Reserve Level of Country ClubJBoone$ Ferry 726 A 585 A (Cr!t____u~_! App,~-'oec_~h: EB) FUTURE TRAFFIC VOLUMES To assess futura traffic cond'~ons with Hemy Farm, existing tmffi~ volumes were Increased by 10 pement to account for approximately two years of growth In traff'm due to sources outside the study area. In addition, traffic volumes generated by the buildout of the Orch~ Greens sectlen of Tukwtla Including the golf course (detailed in the July 1994 mpor0 were added in. These background traffic volumes are shown in Figure 2. Site-Generated Traffic Volumes The number of vehicle tdps Into and out of Henry Farm were estimated using the trip rotes for single family homes prese;tted in the 5th Edition of the T/'/p Eienerat/on Report(~ Use Code 210) published by the Institute of Transportation Engineers (ITE). These trip rates are4~sed on empire! observations performed at many similar sized developments located throughout' the United States. Table 2 shows the estimated vehicle trips that would be generated by Henry Farm. Table 2: Trip Generation for Bulldout of Henry Farm Dally A.M. Peek Hour P.M. Peak Hour Trips Total In Out Total In Out Lend Use Hemy Farm (80 Homes) 765 66 17 49 88 56 32 Henry Farm November 22, 1994 Page 3 Directional Distribution and Assignment of Site-Generated Trips The vehicle trips associated with Hemy Farm was assigned to Ne roadway network based on · existing travel pattems to/from the section of Tukwila along Millers Farm Road. Based on these pattems, the assumed directional disM~on for vehicle tdps is shown in Figure 3. The resulting new trips through the key interseclion of Country Club Drive and Boones Ferry Road are also shown In Figure 3. Total Future Volumes and Traffic Operations To estimate total future traffic volumes once Henry Farm homes are oonstmotad, the traffic volumes shown in Figure 3 were added to the future background trafflo volumes in Fig~'re 2. Count~ Club Dflve and Boones Ferry Road will continue to operate at LU~ ~ eve. m,~., = these land uses (Orchard Greens, golf course and Henry Farm) are built out. In addiUon, the entrance Intersection to Henry Farm will operate at LOS A during both peak hours. Finally, an analysis was perforated to determine if a separate left tum lane would be required along Boones Fern/Road at Henry Farm Boulevard. This analysis considers the percent of vehicle turning left end the magnitude of the approach and opposing traffic flows. Based on the AASHTO criteria, the approach volume does not exceed the critical value (297<330 for % left turn= 14%, Vopp= 229). Thus, a separate left turn is not required at this time. Future Levels of Service with Henry Farm end Tukwile Developments A.M. Peak Hour P.M. Peak Hour , Reserve Level of Reserve Level of Country ClubjBoonse Ferry 715 A 557 A (Cmk~ Appro~h: EB ) Henry FmrmJl)oones Ferry 705 A 625 A (Crit._tc~_! Ap~.nro,~c_~h: EB ) Henry Farm November 22, 1994 Page 4 Conclusions Based on the results of the analysis described in this letter, it is concluded that the Henry Farm subdivision will have little, if any, impact on future traffic conditions in the vicinity of the site. Furthermore, the major Intersection and roadways in the study area can operate at the highest Levels of Sen/ice, LOS A, when this development is built out. No s~ off-site roadway improvements am recommended to accommodate this development or mitigate its impact. If there am any questions related to this report, please contact me directly. Sincerely, Howard S. Stein, P.E. Transportation Engineer attachments cc:. D. Trapp, Applicant PROJ154.RPT Figure 1: Site Vicinity Map and Recent Peak Hour Traffic Volumes To I-5 \ Country Club Road '; Henry Farm (80 Homes) Golf Course Orohard Greens Tukwila Drive Tukwila Millers Farm Road Highway 2t4 ~ To Hwy 99 July 1994 - AM(PM) Peak Hour Vol'umee Drawing not to scale Figure 2: Future Background Peak Hour Volumes With Orchard Greens/Tukwila 0/-% To I-5 Golf Course Orchard Greens 'Henry., Farm (80 Homes) O O Highway 214 Millere Farm Road To Hwy99 AM(PM) Peek'Hour Volumes Drawing not to ecale Figure 3: Traffic Associated with Henry Farm To I-5 Golf Course Orchard Grccns .. Henry Farm (80 Homes) Millers Farm Road - , To Hwy 99 AM(PM) Peak Hour Vo~nle8 Highway 214 Drawing not to ecale Figure 4: Total Future Traffic with Buildout of Henry Farm and Tukwila/Orchard Greens To I..5 (2s)2o ,.~ ~ O chard Greens , (3o)4s .,,~,+1 1~~ r. .. Henry Farm Highway 214 Mlilem Farm Road To Itwy 99 AM(~M) Peak Hour Vol~me~ Drawing not to ecek) I-LS. Stein, P.E. WOUD UtCN .BUBL, It5 bt_;t'-lUUbb ~,,m~o~ Co~,,iz~ School. DLST~Crr 103 965 NORTH BOON~ FEm~Y ROm) WOODmmN, O~SOON 9707] '(S03) November 17, 1994 Bob Engle Engle and Schmidtman Attorneys 610 Glatt Circle Woodbum, OR 97071 RE: Impact of l~filler Farm Estates Dear Mr. Engle: This letter is in response to your request for a statement of the impact of Miller Farm Estates on Woodburn School Disiri~ As you know Woodbum Schools are crowded. Because of the crowding the district has implemented year-round education in grades kindergarten through eighth grade. As the large classes in the middle school and elementary school move through the system the high school will soon significantly exceed its capacity. Thus, the board has submitted five separate bond measure proposals to voter to pro,vide additional space, in our district Each time the measure was defeated by slim margins~ Thus, space in our schools is an issue. I have reviewed the plans for Miller Farm Estates. The plans indicate 80 lots are available for construction of single family homes. We have typically anticipated that new homes and apartments in Woodbum will result in an average of.5 students per household. Thus, based on that figure we could expect to see 40 students from. this development. Assuming the students were spread throughout the K-12 school district it would result in an average of slightly more · than three students per grade. This is the most likely scenario. If the homes were in a price range that pwvided more family-type housing we m},'ght expect up to an average of one child per household resulting in an additional 80 students, or - slightly more than six students per grade. 'This is possible but not the most likely outcome. As I indicated to you on the phone we would like to work with the developer to pR_vide a pathway entrance onto the school groundS to preclude the need for students to walk out to and' along Boones Ferry RoacL We believe that such a plan would improve safety of the students and':: prevent further congestion of the auto and bus traffic at the schools. If you have questions please do not hesitate to call me. .~pe~'intendent of~gchools NDRTH IOA City of Woodburn Police Department MEMORANDUM 270 Montgomery Street Ken Wright Chief of Police Woodburn, Oregon 97071 (503) 982-2345 Date: February 9, 1995 To: Mayor and Council C. Childs, City Administrator Subject: Inventory Search Ordinance A recent Oregon Court of Appeals decision (State v. Custer) has raised a question with a police officers authority to conduct warrantless searches. Within the courts final decision is was stated that specific legislative authority was necessary before a police officer could search and in turn arrest/charge a person for a crime using the fruits of thc search. The court decision is not final at this stage and may be changed in the future. However, to provide police officers with the tools necessary to conduct day to day business the proposed ordinance is necessary. The City Attorney and I have worked on this ordinance for the past two months and bring it to the council for consideration. Should you have questions Mr. Shields and I will be available. RECCO~ATION: The City Council approve and pass Inventory Search Ordinance 10A MEMO TO: FROM: DATE: SUBJECT: FEBRUARY 9, 1995 REVISIONS TO INVENTORY SEARCH ORDINANCE Attached please find a revised copy of the proposed inventory search ordinance for your final review. Based upon our previous discussions, I am hopeful that this can be considered by the City Council at its next meeting. However, it is imperative that you again review the ' i~lEl[l:~t[J~J_~t aspects of the document. Your earlier comments on this subject, along with Lt. Null's, were insightful and anticipated several potential problems under the ordinance. I have attempted to make the necessary modifications. They are as follows: First, the "whereas clauses' were changed to more specifically reference the reason for the ordinance. Specifically, it is in response to the State v. Custer, 126 Or App 431 (1994), which holds that specific legislative authority must exist for an inventory search. These clauses further state that this ordinance is only intended to create legislative authority for inventory searches and not to limit any other legal bases for searches. , Second, the definition of "police custody" was simplified so that it includes an "arrest" under ORS 133.005(11 or any restraint imposed pursuant to a statute or court order. '" Third, the term 'police officer" now references "peace officer" as defined by ORS 133.005(3) and specifies that the individual is one employed by the Woodburn Police Department. Fourth, Section 4 of the ordinance now allows an inventory search of personal property either at the time of booking or at the time that custody is transferred to another law enforcement agency or correctional facility. There is also language in section 4 (C) that allows an earlier inventory if safety mandates one. (Remember that a "pat down search" for officer safety is constitutionally allowed and is not_in any way restricted by the terms of this ordinance.) .. IOA Ken Wright February 9, 1994 Page 2 Fifth, the search of certain closed containers is allowed under the ordinance. I believe that your concern about.the inventory of minute items in a wallet or purse is well taken. However, I am hopeful that this can be "fine tuned' by a standard operating procedure. Finally, Section 4(E) was changed to reflect reality. You mentioned to me that, as a practical matter, a correctional facility will not always accept property items from the transport officer. Please review these modifications and we can discuss them at your earliest convenience. NRS/kv IOA the clothing worn by such person. In addition, the officer will also remove all items of personal property from all open containers in the possession of such person. 3. A closed container in the possession of such person will have its contents inventoried only when: a. the closed container is to be placed in the immediate possession of such person at the time that person is placed in the secure portion of a custodial facility, police vehicle or secure police holding room; b. such person requests that the closed container be with them in the secure portion of a police vehicle or a secure police holding room; or c. the closed container is designed for carrying money and/o.r, small valuables on or about the person including, but not limited to, closed purses, closed coin purses, closed wallets and closed fanny packs. (D) Valuables found during the inventory process shall be noted by the police officer in a report. (E) All items of personal property not left in the immediate possession of the person in custody nor left with the facility or agency accepting custody of the person shall be handled by preparing a property receipt listing the property to be retained in the possession of the police department. A copy of that receipt will be tendered to the person in custody when such person is released to the facility or agency accepting custody of such person; (F) All items of personal property not left in the immediate possession of the person in custody nor dealt,with as provided .in section 4(E) above, will be released to the facility or agency acdepting custody of the person so that they may: 1. Hold the property for safekeeping on behalf of the person in custody, and 2. Prepare and deliver a receipt, if required by ORS 133.455, for any valuable held on behalf of the person in custody. Section 5. The Council declares that an emergency exists because recent decisions of the Oregon Court of Appeals and Supreme Court demand that procedures for inventory searches be mandated by an appropriate legislative body; therefore, this ordinance shall be in full force and effect from and after its passage by the Council and approval by the Mayor. Page 5- COUNCIL BILL NO. 1605 ORDINANCE NO. IOA COUNCIL BILL NO. 1605 ORDINANCE NO. AN ORDINANCE GRANTING AUTHORITY AND ESTABLISHING PROCEDURES FOR INVENTORY SEARCHES BY THE WOODBURN POUCE DEPARTMENT AND DECLARING AN EMERGENCY. WHEREAS, the Council finds that when a Woodburn police officer takes a person into custody or impounds a vehicle it is necessary to make an inventory of the property found in the possession of the person and inventory the property in the vehicle, and WHEREAS, these inventory searches are necessary to: locate weapons and instruments that facilitate escape; locate toxic substances, flammables and explosives; identify property to establish accountability and avoid spurious claims of ownership of that property; assist in the prevention of theft of property and the location and identification of stolen property; and reduce the danger to persons and property, and WHEREAS, the Council believes it necessary, in order to comply with recent court decisions such as State v. Custer, 126 Or App 431,868 P 2d 1363 (1994), to pass this ordinance specifically granting authority for Woodburn police officers to conduct inventory searches; and WHEREAS, this ordinance grants authority for Woodburn police officers to conduct inventory searches and establishes a systematic procedure so that the inventory involves no exercise of discretion, by the law enforcement personnel directing or taking the inventory, and WHEREAS, ~his ordinance establishes this authority and procedure for inventory searches legislatively, based upon the City of Woodburn's powers'and home rule authority, but is not intended to limit or restrict, and does not limit or restrict, any other legal bases for a search which presently exist or may hereinafter be found to exist; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. puroose. This ordinance is meant to exclusively apply to the process for conducting an inventory of the personal property in an impounded vehicle and the personal possessions of a person in police, custody and shall not be interpreted to affect any other statutory or constitutional right that police officers may employ to search persons or search or seize possessions for other purposes. Page 1 - COUNCIL BILL NO. 1605 ORDINANCE NO. Section 2. Definitions. For the purpose of this ordinance, the following definitions shall apply: IA) "Valuables" means: 1. Cash in an aggregate amount of $50.00 or more; or 2. Individual items of personal property with a value of over $500.00. (B) "Open container' means a container which is unsecured or incompletely secured in such a fashion that the container's contents are exposed to view. (C) 'Closed container' means a container whose contents are not exposed to view. (D) 'Police custody" means either: ~. 1. The imposition of restraint as a result of an 'arrest' as that term is defined in ORS 133.005(1); 2. The imposition of actual or constructive restraint by a police officer pursuant to a court order; 3. The imposition of actual or constructive restraint by a police officer for purposes of taking the restrained person to an approved facility for the involuntary confinement of persons pursuant to Oregon law. (E) "Police officer' means any peace officer, as defined by ORS 133.005 (3) who is employed by the Woodburn Police Department. Section 3. Inventories of Impounded Vehi¢le~. (A) The contents of all vehicles impounded by a police officer shall be inventoried. The inventory shall be conducted before constructive custody of the vehicle is released to a third-party towing company except under the following circumstances: 1. If there is reasonable suspicion to believe that the safety of either the police officer or another person is at risk, a required inventory shall be done as soon as safely practical; and 2. If the vehicle is being impounded for evidentiary purposes in connection with the investigation of a criminal offense, the inventory shall be done after such investigation is completed. Page 2- COUNCIL BILL NO. 1605 ORDINANCE NO. IOA IOA (B) The purposes for the inventory of an impounded vehicle are: 1. To promptly identify property to establish accountability and avoid spurious claims to property; 2. To assist in the prevention of theft of property; 3. To locate toxic, flammable or explosive substances; and 4. To reduce the danger to persons and property. (C) Inventories of impoUnded vehicles shall be conducted according to the following procedure: 1. An inventory of personal property and the contents of open containers shall be conducted throughout the passenger and engine compartments of the vehicle including, but not limited to, accessible areas under or within the dashboard area, in any pockets in the doors or in the back of the front seat, in any console between the seats, under any floor mats and under the seats; 2. In addition to the passenger and engine compartments as described above, an inventory of personal property and the contents of open containers shall also be conducted in the following locations: a. Any other type of unlocked compartments that are a part of the vehicle including, but not limited to, unlocked vehicle trucks and unlocked car-top containers; and b. Any locked compartments including, but not limited to, locked vehicle trunks, locked hatchbacks and locked car-top containers, if either the keys are available to be released with the vehicle to the third-party towing company or an unlocking mechanism for such comp~rtment is available within the vehicle. 3. Unless otherwise provided in this ordinance, closed containers located either within the vehicle or any of the vehicle's compartments will not be opened for inventory purposes. 4. Upon completion of the inventory, the police officer shall complete a report. 5. Any valuables located during the inventory process shall be listed on a property receipt. A copy of the property receipt shall either be left in the Page 3 - COUNCIL BILL NO. 1605 ORDINANCE NO. 10A vehicle or tendered to the person in control of the vehicle if such person is present. Section 4. Inventories of Persons in Police Custody. (A! A police officer shall inventory the personal property in the possession of a person taken into police custody and said inventory will occur: 1. At the time of booking; or (B) 2. At the time custody of the person is transferred to another law enforcement agency, correctional facility, or "treatment facility" as that phrase is used in ORS 426.460 or such other lawfully approved facility for the involuntary confinement of persons pursuant to Oregon Revised Statute. The purposes for the inventory of a person in police custody are: 1. To promptly identify property to establish accountability and avoid spurious claims to property; 2. To fulfill the requirements of ORS 133.455 to the extent that such statute may apply to certain property held by the police officer for safekeeping; 3. To assist in the prevention of theft of property; 4. To locate toxic, flammable or explosive substances; 5. To locate weapons and instruments that may facilitate an escape from custody or endanger law enforcement personnel; and 6. To reduce'the danger to persons and property. (C) Inventories of the personal property in the possession of such persons shall be conducted according to the following procedures: 1. An inventory shall occur at the time of booking. However, if reasonable suspicion exists to believe that the safety of either the police officer or the person in custody or both are at risk, an inventory will be done as soon as safely practical prior to the transfer of custody to another law enforcement agency or facility. 2. To complete the inventory of the personal property in the possession of such person, the police officer shall remove all items of personal property from Page 4 - COUNCIL BILL NO. 1605 ORDINANCE NO. IOA the clothing worn by such person. In addition, the officer will also remove all items of personal property from all open containers in the possession of such person. 3. A closed container in the possession of such person will have its contents inventoried only when: a. the closed container is to be placed in the immediate possession of such person at the. time that person is placed in the secure portion of a custodial facility, police vehicle or secure police holding room; b. such person requests that the closed container be with them in the secure portion of a police vehicle or a secure police holding room; or c. the closed container is designed for carrying money and/gl.small valuables on or about the person including, but not limited to, closed purses, closed coin purses, closed wallets and closed fanny packs. (D) Valuables found during the inventory process shall be noted by the police officer in a report. (E) All items of personal property not left in the immediate possession of the person in custody nor left with the facility or agency accepting custody of the person shall be handled by preparing a property receipt listing the property to be retained in the possession of the police department. A copy of that receipt will be tendered to the person in custody when such person is released to the facility or agency accepting custody of such person; (F) All items of personal property not left in the immediate possession of the person in custody nor dealt,with as provided .in section 4(E) above, will be released to the facility or agency acCepting custody of' the person so that they may: 1. Hold the property for safekeeping on behalf of the person in custody, and 2. Prepare and deliver a receipt, if required by ORS 133.455, for any valuable held on behalf of the person in custody. Section 5. The Council declares that an emergency exists because recent decisions of the Oregon Court of Appeals and Supreme Court demand that procedures for inventory searches be mandated by an appropriate legislative body; therefore, this ordinance shall be in full force and effect from and after its passage by the Council and approval by the Mayor. Page 5- COUNCIL BILL NO. 1605 ORDINANCE NO. City Attorney APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Nancy A. Kirksey, Mayor IOA Page 6- COUNCIL BILL NO. 1605 ORDINANCE NO. lOB ..THROUGH: tROM = City Administrator Childs City Recorder Tennant ~ DATE ~ February 6, 1995 SUBJECT: Smoking/Tobacco Use Cessation Grant RECOMMENDATION: Council approve the Council Bills which accept the grant from the LOC. Employee Benefits Services (EBS) Trust and authorize a contract' with Charlotte Jones, Motivation Consultant, to provide educational training and support for program participants. BACKGROUND: -' In 1993, the EBS Trust, which administers the City's health insurance program, initiated a grant program that would target specific health related topics with the first year topic being smoking/tobacco use cessation. This topic was chosen not only . because of its widely known health consequences, but also for the statistical data which shows that smokers have a higher utilization of health insurance. In August 1994, the EBS Trust extended the Smoking/Tobacco Use after several cities expressed an interest in offering this type of program to their employees and eligible ~dependents. '~.. The grant program gives cities flexibility in program design based · on the needs of each city. The EBS Wellness Committee established basic guidelines, that being if nicotine patches are used, then the grant will pay for 90% of the cost of the patch treatment. In addition, the grant also requires, and pays for, some type of educational training and support program to help the participants work through this difficult time period. The employee will be responsible for any physician costs incurred and, if u~ed, the remaining 10% cost for the nicotine patch treatment. Our application for grant funds consisted of $3,456 for the nicotine patch treatment and $4,675 for the educational training and support program for a total of $8,131. Any funds not expended for this program will be returned to the EBS Trust by July 31, 1995. One City employee's interest in a smoking cessation program led to our survey of all employees which resulted in approximately 12 individuals willing to take the first step towards being smoke/tobacco use free. These employees also expressed their iwillingness to participate in a group session for educatlOnal training and support rather than private counseling. While 'researching the training issue, several options were reviewed, however, utilizing a Motivation Consultant to assist the participants in changing their attitudes seemed to be thebest type of training program. After contacting Meridian Park Hospital, I was referred to Charlotte Jones who provides counseling/teaching services at Meridian Park in addition to having numerous clients in the metro area. A s,mmary of her qualifications is attached for reference. lOB The grant application was submitted in late October in hopes of a December start date, however, grant approval was delayed until late January. Since a number of the employees are anxious to start the program, we have scheduled the first session for Monday, February 13th, with the actual Quit Day scheduled for Wednesday, March 1st. Please note that the consultant's contract calls for a $350 per person fee ($3,500 minimum) with consultation either in the group session at City Hall or private sessions at Meridian Park Hospital. The group educational training and support program consists of 8 sessions to be held twice each week. Each session is 90 minutes in duration and will be held from 12:00 noon to 1:30 p.m.. If an employee is required to be away from the worksite during all or a portion of the session, time off will be charged to vacation or accrued compensatory time. As an incentive and thankyou to those employees who quit, 4 hours will be credited to the employee's vacation account if they remain smoke-free for six months. Eventually, the City will experience such benefits as increased productivity and employee morale, lower health care costs, and the reduction of smoking related absenteeism andassociated illnesses. coo'Ncrr, ]~rr.'r. ~to. 760~, ORDINANCE NO. AN ORDINANCE ACCEPTING ~ LEAGUE OF OREGON CITIES BENEFITS SERVICES TRUST GR~NT RECEIVED DURING FISCAL YEAR 1994--95# MAKING ~PPROPRIATIONS, AND DECLARING AN EMERGENCY. WHEREAS, Oregon Revised Statutes 294.326 provides for the expenditure of grant funds transferred to a municipal corporation for a specific purpose, and WHERE~B, ag rant has beenreceived from theLOCEmployees Benefit Services Trust for the purpose of funding a smoking/tobacco 'use cessation program for employees and eligible dependents under the Trustts health care program, now, therefore, THE CITY OF WOODBURN ORDAINS AS FOLLOWS= Section 1. That the grant be accepted for its specific ptlrpose, a copy of which is attached for reference. Section 2. That appropriations be increased within the W.E.L.L. Health Program Fund for fiscal year 1994-95 as follows: W. E. L.L. HEALTH PROGRAM FUND EBS Grant Total W.E.L.L. Health ProgramRevenue 8,131 8,13! ~XPENDITURES W.E.L.L. HEALTH PROGRAM FUND: Materials'& Services - (Cessatioh Program) $ 8,131 Total W.E.L.L. Health Program Appropriation $ 8r131 Section 3. This ordinance being necessary for the immediate preservation of the public peace, health and safety, in that the adoption of the appropriations will allow the availability of funds to proceed with the program, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval bythe~Ma~mr.-~ Approved as to Form: city Attorney APPROVED: NANCY A. KIRKSEY, MAYOR Page i - COUNCIL BILL NO. ORDINANCE NO. -' lOB EMPLOYEE BENEFITS SERVICES TRUST HEALTH AND LIFE INSURANCE PROGRAMS A Membership Service of League of Oregon Cities - P.O. Box 311 Salem, OR 97308 · 375-8292 · 800-503-3323 January 26, 1995 Mary Tennant City Recorder City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 RE: Smoking/Tobacco Cessation Grant We are pleased to present your city with the enclosed check for $8,131.00 for the Smoking/Tobacco Cessation Program. EBS will be contacting you after your employees have begun their program for a progress report. We hope your program is successful and will be anxious to hear your results. A final report of funds spent., successes and the return of any unused funds is d~e in our office on or before July 31, 1995. Please don't hesitate to cal on us if you need our assistance. Sincerely, Janet Schoessler EBS Trust -. Encl. , 1013 PROPOSAL TO ~ F.~S TRUST FOR 1994-95 SMOKING- TOBACCO CESSATION GRANT PROGRAM TO: Janet 8choessler, EB$ Asdstant Plan Manager EB8 Trust P. O. Box 928 ~alem, Oregon 97308 FROM: ~ry Tennant (Nan.) City R~c~ndeh City of Woodburn 270 MontgOmery St., Woodburn (Aaaress) (503)982-5210 (Phone The City of Woodburn is pleased to present, for your consideration, the following application for an employee and eligible dependent smoking/tobacco use cessation program to qualify the C~ty for the Ells Trust's 1994-95 Smoking Cessation Grant program REQUEST FOR FUNDING P'~ FASE COMPLETE THE FOLLOWING: 1. Identify the number of individuals, including dependents, that have indicated an interest in participating in the city's nicotine patch program. Following of survey of employees and dependents, we had 13 employees:.~illing to participate in a. Smoking Cessation Program. 2. WhatisthearYdclpateclcostperpersontobereimbursedatgO%? Only 12 of.the participants are anticipating the use of nicotine patches. Our other participant would prefer to quit smoking without the use of prescribed medicine. The estimated cost per person is $320 which would be reimb=rsed at 90% (net $288 -- total estimated cost of $3,456). 3. Descdbeyourprogramforeduca#onandsuppo~totheparticlparCs?lncludethe cost to the oity per parffclpar~ All of the participants were ~iven a choice as to the type of educatipnal'and support program theywould be willing to attenu. Uur employees nave enthusiastically endorsed a group educational/support program facilitated by Charlotte Jones, Cou=s~)ofl~4otivational Consultant, who also .f~cilitates programsthrough Meridan Park Hospital. The cost for her services is $350 per person plus a $125 introductory session (estimated total $4,675.00). Sessions will be held at City Hall during the workday and the City will be offering an incentive program to participants WhO remain smoKe-tree a?~er b months. 4. Howdoyou intendtomeasurethe success oftheprogram? A final evaluation of ~he smokin9 cessation program will be made in July 1995 at which time we will survey the number of employees who remain smoke-free, and will solicit comments'from them regarding the program and their person experiences. DUE AT EBS 1-1-95 COUNCIL ILL 1607 RESOLUTION NO. A RESOLUTION ENTERING INTO A CONTRACT WITH CHARLOTTE JONES, MOTIVATION CONSULTANT, TO PROVIDE EDUCATIONAL TRAININGANDSUPPORT FOR PARTICIPANTS IN THE SMOKING/TOBACCO USE CESSATION PROGRAM. WHEREAS, the City participates in the League of Oregon Cities Employees Benefits Services (EBS) Trust Program for health insurance coverage for its employees, and WHEREAS, the EBSTrust has established ag rant program to provide health and .wellness programs to its participants for 'targeted health related topics, and WHEREAS, a grant for a Smoking/Tobacco Use Cessation Program has been applied for and received by the City which requires educational support andtraining for.programparticip~nts, now, therefore, THE CITY OF WOODBURN REBOLVES AB FOLLOWS: Sect&on 1. That the City of Woodburn enter into a contract with Charlotte Jones, Motivation Consultant, to provide educational support and training for participants in the Smoking/Tobacco Use Cessation program. Said contract is attached "hereto and by this reference incorporated herein. Section 2. That the Mayor of the City of Woodburn is authorized to sign said agreement on behalf of the City. Approved as to Form ' , City Attorney te .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 i - COUNCIL BILL NO. RESOLUTION NO. Charlotte Jones Motivation Consulting 10C Motivation is like afire: Unless you add fuel, it goes out. PROPOSAL/CONTRACT Prepared for CITY OF WOODBURN Th~ River Forum, Suim 100 4380 SW Macadam Av~nu~ Portland, Oregon 97201 Charlotte Jones Motivation Consulting 10C DATE: COMPANY: ADDRESS: TELEPHONE: COMPANY REPRESENTATIVE: DESCRIPTION OF PRQ. IECT:, .'~. February 6, 1995 City of Woobum 270 Montgomery Street Woodbum, OR 97071 (503) 982-5210 Mary Tennant, City Recorder Develop and implement a smoking cessation program for the City of Woodbum. Charlotte lon~ and Associates will be responsible for promotional materials (brochures and handouts), all training materials (notebooks, films, videos, books, graduation certificates) and all correspondence with participants, postage, and support phone calls. The overall objective of the program is to provide the training, environment, skills and support needed to allow the employees of the City of Woodbum to become smoke-free. This will be accomplished through: EIGHT SESSIONS, TWO TIMES A WEEK, 90 MINUTES LONG ..... PLUS REUNION ONE MONTH AFTER GRADUATION SESSION ONE Monday, February 13, 1995 REGISTRATION Additional private lesson time allotted for each participant. '- Time 15-20 minutes to each person to determine and access his or her actual sincerity and motivation for quitting. To try to understand special needs of individuals to help them sucee~xl. SHARING SESSION TWO Wed. February 15, 1995 PREPARATION TO QUIT Additional private lesson time allotted for each participant. 15-20 minutes to each person to determine and access his or her actual sincerity and motivation for quitting. To try to understand special needs of individuals to help them succeed. A WINNING PLAN .... VISUALIZE SUCCESS MOTIVATIONAL TOOLS FOR ACHIEVING SUCCESS The River Forum. Suite 100 4380 SW Macadam Avenue Portland, Oregon 97201 Proposal and Contract page 2 SESSION THREE Monday, February 27, 1995 SESSION FOUR Wednesday, March 1, 1995 WHY WE SMOKE AND THE TRIGGERS PHYSIOLOGICAL EFFECTS OF NICOTINE ADDICTION CARDIAC AND RESPIRATORY QUIT DAY!!!!! POSITIVE AFFIRMATIONS DIRECTING EMOTIONAL ENERGY IN POSITIVE CHANNELS 10C SESSION FIVE Monday, March 6, 1995 THE ABC's OF WITHDRAWAL BREAKING THE CONNECTION SESSION SIX Wednesday, March 8, 1995 SESSION SEVEN Monday, March 13, 1995~, ADVANTAGES TO YOUR NEW HABIT NOT SMOKING BEWARE OF RATIONALIZATIONS DESIGNING AN EXERCISE PROGRAM FOR YOU ENJOYING THE BENEFITS STRESS MANAGEMENT WEIGHT MANAGEMENT SESSION EIGHT We~Inesday, March 15, 1995 SESSION NINE Monday, April 3, 1995 SURVIVAL TECHNIQUES GRADUATION/GIVING OUT OF CERTIFICATES 8HARINO AND CELI~BRATIOH SAYING GOOD-BYE UNTIL NEXT MONTH'S REUNION REUNION Proposal and Contract page 3 10C COST OF PROJECT: $350.00 per partipicant for the entire smoking cessation program with a minimtlm of class size of 10 participants, or minimim fee for project of $3500. Charlotte Jones to be held responsible to instruct privately the individuals who do not attend the class sessions. These private sessions to be held at Meridian Park Hospital in Tualatin, OR. PAYMENT SCItEDULE: contract paid by the -Qurr DAY" (fourth class) Wednesday, March 1, 1995. Tuition will be refunded in the event a person needs to drop out prior to the third session (2-27-95) The signatory warrants the he/she has read taxi agrees to ~dl terms and conditions herein contained and has authority to Sign for the firm referred to in this proposal and contract. City of Woodburn: Title: Date: Olaflotte Jones Date COI:m'CZL : ZLZ., 160(¢ RESOLUTION NO. A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE STATE OF OREGON DEPARTMENT OF GENERAL SERVICES FOR PURCHASING. WHEREAS, the City has in the past contracted with the State of Oregon Department of General Services to enable the City to take advantage of State purchasing services, and WHEREAS, it is in the interests of the City to formalize said agreement and continue said agreement, NOW, THEREFORE, THE CITY OF WOODBURNRESOLVES ~ FOLLOWS= Section 1. That the Mayor and City Administrator are authorized to sign on behalf of the City the 1995 Cooperative Purchasing Agreement with the State of Oregon, General Services Division. Section 2. That said agreement is attached hereto and, by this reference incorporated herein. City Attorney APPROVED: Passed by the Council Submitted to the,~ayor Approved by the Mayor Filed inthe Office of the Recorder NANCY A. KIRKSEYt M~YOR ATTEST: Mary Tennant, Deputy Recorder city of Woodburn, Oregon Page COUNCIL BLI,L NO. RESOLUTION NO. dAN 1 § 199.5 LI II lgLJ STATE OF OREGON COOPERATIVE PURCHASING PROGRAM (ORCPP) CINDY MUSGROVE PROGRAM COORDINA4'OR DEPARTMENT OF ADMINISTRATIVE SERVICES PURCHASING DMSION 1225 FERRY STREET SE SALEM, OR 97310 'IOD o Consideration: There is a cost for services provided by the Oregon Cooperative Purchasing Program. The Qualified Agency shall pay to the State an annual, non-refundable, program administration fee in the amount of $150 upon execution of this Agreement and on each yearly anniversary thereafter while this Agreement remains in effect. There are additional ~Servioe Charges" based on actual servi~e usage. Service cha~es for (i) individual.purchases from price agreements and (ii) solicitation document development and proowement administration (iii) advertisement of Q~_,slifled Agen6T ITBs and RFPs will be invoiced at the end of each month ao~ording to Fee Schedules A, B and C. Service charges ~re due m~d payable within 30 days of the date of tho invoi~. Past due ao~unts may result in assessment of late paymemt charges at the rate of eight ~ (8%) pex. annum. Note: The State rese~es the right to ~mnge the Fee Schedule at m~r time, subject to tile requirement to provide Qualified Agency with at least 30 days prior written notice. Fee Schedule A - Individual Usage of State's Price Agreements Value ~f Comxact Release Order $ 0.00 to 199.99 $ No Charge $ 200.00 to $999.99 $ 20.00 $1,000.00 to S 4,999.99 $ 50.00 $ 5,000.00 to $ 9,999.99 $ 75.00 $10,000.00 to $ 49,999.99 $ 100.00 $ 50,000.00 to $ 99,999.99 $ 150.00 $100,000.00 to $499,999.99 $ 300.00 $500,000 and over $ 500.00 Fee Schedule B - Solicitation Document Development Invitations to Bid/Preparation for award recommendation - $300.00 * Invitations to Bid/Combining State and (~,.lified Agency purchase requests - up to $300.00 * Requests for Proposal- $30O.OO to $5OO.OO * Proposal Evaluation/Preparation for award recommendation -. $25.00 p~x hour. * Each request will be evaluated for its complexity and estimated time involvement. Fee Schedule C - ITB/RFP Advertisement (i) Qualified Agency shall pay $45.00 for each 1TB and RFP transf~ (uploaded) to-the VIP system if the estimated contract price is equal to or greater than $25,000; ('fi) Qualified Agency. shall pay $25.00 for each ITB and RFP transferred to the VIP system if the estimated contract price is less than $25,000. ORCPP, page 3 1UL) 10. 11. 12. 13. Termination: This Agreement may be terminated by either State or Qualified Agency upon 30 days' written notice. No such termination shall prejudice any tights or obligations of either party already accrued prior to the effective date of termination. Hold Harmless, Indemnity: Qualified Agency shah defend, hold harmless and indemnify State, its divisiom, officers, employees, agents and members from aH claims, suits, or acXions of whatsoever nature resulting ~om or arising out of the acts or omissions of Qualified Agency, or its officers, employees, agents or subcontractors, under this Agreement. Successors in Interest, Assignment: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Neither party shall assign or transfer its interest in this Agreement without the prior wt~en consent of the other. Public Use: Q~mlified Agency ~ and warrants that aH'purchnses made through'the. ORCPP shall be for public use and benefit only. No goods or services may be devoted to, or resold for, personal use or profit. ' Limitation of Liability: Qualified Agency understands and agrees that the State makes no representation or warranty regarding the suitability, durability, merchantability or fitness for a particular purpose of any goods or servi~ available through this Agreement. Qualified Agency agrees that the State shah not be subject to any claims, actions, or liability arising out of or in any way related to any defect, malfunction, or damage of any nature arising from or related to goods or services obtained from contractors through this Agreement. Further, the State shah not be liable for any direct, indirect, incidental or consequential damages sustained .by Qualified Agency and arising out of or in any way related to goods or services obtained from contractors through this Agreement. Authorized Agents: ',Qualified Agency agrees to (i) provide State a list of aH persons authorized to sign Purchase Requests on behalf of the Qualified Agency, including samples of _such persons' si~mturea, and (ii) immediately inform State of any change in authorized agents. Applicable Law, Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. (~,nlified Agency agrees to comply with aH laws, rules and ordinances applicable to this Agreement, including but not limited to, ORS 279.312, 279.314, 279.316 and 279.320. In the event ofany litigation between the State and Qualified Agency arising out of or related to this Agreement, such litigation shall only be commenced and maintained in the Circuit Court of Marion County in Salem, Oregon. ORCPP, page 4 Thank you for expressing an interest in participating in the Oregon Cooperative Purchasing Program. that your organization may participate in the program it must meet one of the following qualifications. Mark the qualification, A, B, C or D, that best describes your organization and submit the requested documentation with the signed Oregon Cooperative Purchasing Agreement. My organization C .~ o,C i~v/a0~b~zS/t is a: A. ~ Division or unit of local government having separate autonomy such as Oregon counties, cities, municipalities or other public corporate entities having local governing authority. A United States governmental agency or American Indian tribe or agency. B. Q,alified nonprofit, agency for disabled individuals partiCq~ating in the program set forth in ORS 279.820 to 279.850. So Ce If your organization meets qualification B it must be ~.eflified as a Q~_,nlified Rehabilitation Facility with the Pun:ha.sing Division's Spedal Programs Coordinator. Information mgarding~certification is available by calling 373-1250. Residential program under contract with the Depattme~ of Human Resource (DHR) or a division thereof to provide services to youth in the oustody of the state. If your organization meets ~_~lification C provide us with a letter from DHR or division thereof confirming your contract with them. The letter mast be on agency letter head and contain the '. following information: DI. I$ ~11 Scope of contract, what service is being provided. Contract number Starting and expiration dates of contract. -- State Contract Administrator's, name, original signature, mailing address & telephone number. Public benefit corporation "as defined in ORS 65.001 that provides public ._sgxvices either under contraot with a state agency, as defined in ORS 171.133, or under contract with a unit oflocal government, as defined in ORS 190.003, that funds the contract,, in whole or in part with state funds." To qualify under q,_,nlificafion D, your organization must meet the requirements listed in D 1, D2, D3 and must submit to us required information in D4. active status Domestic, Nonprofit Corporation which is (must be one of the following): ao Formed as a public benefit corporation pursuant to ORS 65.0'!.4 to 65.067; Designed as a public benefit corporation designated by statute; Recognized as tax exempt under section 501 (c) (3) of the Internal Revenue Code of 1986 or Otherwise organized for public or charitable purpose, in accordance with its - articles of incorporation and bylaws; Qualificz_fion D continues on the baok of this page. D2. Is restricted so that on dissolution it must distribute its assets to (must be one of the following) 1OD, An Organization organized for a public or char/table purpose; A religious corporation; The United States of America; A state of the United States of America, or A person who is reco~ as exempt under section 501 (c) (3) of the Internal Revenue Code of 1986; IS NOT a *religious corporation" as defined in ORS 65.001(33). Submit a letter from the State or Local government agency confirming your contract with them. The letter must be on agency letter head and contain aH the following information: a. scope of contract, what se~ice is being provided~ b. Contract number c. Starti~ and expiration dates of contract. d. eo Contract Administrator (State or Local Government) must verify that the contract is funded by State funds in part or in whole. Contract AdminisU~or's (State or Local Government): name, odginal sisnature, tnailin8 address & telephone number. IOD OREGON COOPERATIVE PURCHASING AND ADVERTISEMENT AGREEMENT This Oregon Cooperative Purchasing Agreement ("Agreement") is entered into pursuant to ORS 190.110, 190.240, 279.855 and 656.753 (2) by and between the State of Oregon, acting by and through its Department of Administrative Services (DAS), Purchasing Division ("State"), and , a Qualified Non-State Agency ("Qualified Agency"), as defined in ORS 190.003, 190.110 (1), 190.240, 279.S55 (1) through (3) or 656.005 (24) and 656.752. Purpose: The State allows Q~_mlified Non-State Agencies which enter into Oregon Cooperative Purchasing Agreements to particiPate in the Oregon Cooperative Purchasing Program (#ORCPP"). Qualified Agency desires to participate in the ORCPP and therefore enters into this Agreement with State. It is understood that Q,~slified Agency's execution of this Agreement and payment of the program administration fee allows, but does not obligate, .Qualified Agency to use the ORCPP services provided by the State. Term of Agreement: This Agreement, which is effective as of the date it is signed by the State, shah remain in effect for one year from the effective date and, unless renewed, shall terminate on ,.O~:e....~/., ! Agreement Renewal: This Agreement may be renewed for one-year extension periods upon mutual agreement of the State and Q,_,_,~ified Agency. Notice of intent to renew shall be submitted in writing to the State's ORCPP Coordinator at least 30 days prior to the termination date set forth in paragraph 2, above. Responsibilities of the State: Upon the Qualified Agency's execution of this Agreement and payment of the program adminisUation fee, the State shall: VIP Support Softw~u'e: Provide Qualified Agency with custom telecommunications software that will allow Qualified Agency access to the State's Vendor Information Program (VIP). Bo Price Agreement Purchases: Authorize (~j!!ified Agency to place orders with contractors on State price agreements using Contract Release Order (CRO) forms. The State will provide contractors with a list of Qualified Agencies authorized to-purchase from price agreements. Co Procedure: Assign CRO forms and purchase request forms to Qualified Agency. Additional forms are available from the State upon request. Do Purchase Request Purchases: Issue solicitation documents 0nvitations to Bid or Request for - Proposals) upon receipt of a Purchase Request. (Iss~_fing solicitation documents consists primarily of the State preparing an Invitation toBid or Request for Proposal that complies with Oregon's public purchasing statutes and roles, placing the document on the State's VIP system,.and administering the procurement process.) The Purchase Request must have an esfimate~d value of more than $25,000 and must specify in detail the goods or trade services desired. The State will issue solicitation documents ORCPP, page 1 Eo Fo Bo Co Do upon receipt of a Purchase Request only if doing so will not result in duplication of existing State price agreements from which the Qualified Agency is authorized to purchase. Upon request of the Qualified Agency, the State will assist in other aspects of the procurement process, such as bid or proposal evaluntion and bid or proposal preparation for Qualified Agency award recommendation (Reference Fee Schedule B). Contracts shall be awarded to the lowest respo~ responsible bidder, or the best proposer, as appropriate, in acoordnnce with the provisions of (i) the Oregon Revised Statutes ('ORS"), particularly chapter 279, and ('fi) the Oregon Administrative Rules ('OAR"), particularly chnpters 125 and 137. Following contract award, Qualified Agency shall be responm'ble for all matters of contract administration, such as but not limited to: inspection of goods, supervision of trade services contractors, and compliance with or enforcement of manufacturer or contractor warranties. User and Vendor Information: Information that (i) will allow (~_~nlified Agency to trt~nsfer (Upload) its 1TBs and RFPs to the State's VIP system; (.fi) on how to promote the use ofthaVIP system to the vendor community. Automated Billing - Solicitation (Bid) Advertisment: Provide detailed docum~on supporting each State invoice, identifying the actual solicitations (ITBs and RFPs) transfarred to, and advertised on the VIP systen~ This information will accompany each monthly invoice. Responsibilities of the Qualified Agency: During the term of this Agreement, Qualified Agency shaH: Price Agreement Purchases: Complete and send to State, by the lOth day of each month, a monthly CPO ~er, together with all blue copies ofCRO's report~ purchases made from State price agreements during the preceding month. Negotiation: Pursm~ to OAR 137-30-090(5) and 137-30-105, re!_n_~nE to State procurement and conlractinE, Qualified Agency ai~es not to use prices on State pdce a~'eanems ~ purchase request procurements, or either of them, in an attempt to nego~e more favorable prices from contractors. Coniractor prices on State contracts shall not be used for negotiation or any purpose other than purchases made in accordance with t_his ASreement. Solicitation Advertisement: Transfer (upload) solidtations 0TBs and RFPs) information in a form and according to the process identified by the State. Responsibility for Content and 'Substance: Take full and complete responsibility for the content and substance, as well as the Erammafi~ and textual quality, of the solicitation information _ transferred to the VIP systent ORCPP, page 2 AGENCY NAME: ADDRESS: INFORNL%TION FORM CITY OF WOODBURN 270 MONTGOM~-RY STREET W0ODBURN, OR 9707~ FAX # 982-5244 TEL. # 982-5217 Person responsible for ContraCt Release Order Forms .JFAN DEFAb PORqMhSIN~ CLE~ TEL. # 982-5217 FAX # 982-5244 Contact person for accounts payable issues KARI~ HALTER, ACYXXIWl~ PAYABLE TEL. # 982-5219 FAX.#. 982-5244 LIST ALL DIVISIONS OR SECTIONS IN YOUR AGENCY AUTHOBIZF-D UNDER THIS AGREEMENT PUBLTC WORKS (Includes: Street, POLICE DEPARTMENT Water, Was~ewa~er, Enaineering, Planninq. FINANCE CDEPARTMENT. Code Enl. 9-1-1 ~IC~%T IONS PUBLIC LIBRARY PARK AND RECREATION AIIMINISTRATION _ TRANSIT/DIAL-A-RIDE Upon ~ce of your participation qualifications the State will provide communication soitware allowing you access to the VIP program. Please indicate the software disk size needed. (Check One) 5 1/4DD __5 1/4HD __3 1/2DD xx 3 1/2HD Submit the following: Program qualification page, Oregon Cooperative Purchasing Agreement completed and signed, $150.00 program administration fee and this information page. SEND TO: DEPARTMENT OF ADMINISTRATIVE SERVICES COOPERATIVE PURCHASING PROGRAM · PURCHASING DMSION 1225 FERRY STREET SE SALEM, OR 97310 l:~outreach~orcppagr.doc 07-21-94 1OD 14. 15. MERGER: THIS AGREEMENT CONSTITUTES THE ENTIRE AGRREMENT BETWE~ THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TEKMS OR PROVISIONS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNI~SS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH 'WAIVER, CONSENT, MODnZlCATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGRR-:F-MENTS OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. Signatures: Each party, by the signature below of its authorized representative, hereby acknowiedges that it has read this Agreement, understan, ds it, and agrees to be bound by its terms and conditions. Each person signing this Agreement represents and warrants to have the authority necessary to execute this Agreement. NON-STATE AGENCY c D.A.S. PURCttASING DIVISION Signature: Signature: Name: N~CY A. KIRKSEY Name: Title: I~YOR Title: Date: Feb~3_ary l!t~ 1995 Date: AGENTS AUTHO1H~-D TO SIGN PUll.CHASE REQUESTS ON BEHALF OF THE QUALIFIED NON-STATE AGENCY Si~mture: ' Signature: Name: CHRIS CffILDSr CITY AIIKINI~R Name: NANCy GRITYAt FINAN~ DIRECTOR Signature: 'Name: G.S. FRANK TIWARI PUBLIC WORKS DIRECTOR Signature: Name: MARIANNE WOLF 9-1-1 DIRECTOR Siinature: Name: ~ WRIGHTe POLICE CHIEF Signature: Name: NEVIN ~ HOLLY PARK AND RECREATION DIRE(/I~R IMPORTANT- COMPLETE THE INFO~TION FORM ON THE NEXT PAGE ORCPP, page 5 IOE CITY OF WOODBURN POLICE DEPARTMENT ~270 Montgomery~ Woodburn, Oregon 97071 Paul E. Null Patrol Operations~ieutenant 982-2345 Ext. 352 Date: January 19, 1995 To: (~hrishris Childs, City Administrator o~or and City Council right, Chief Law Enforcement Interagency Agreement Subject: The Oregon State Police, Marion County District Attorney's office and law enforcement agencies in Marion County, have met over the last two months to discuss coordinating efforts towards joint investigations of serious injury and fatal traffic accidents resulting in a criminal prosecution. It was agreed among the participating agencies to formali?e our alliance and support through the attached interagency agreement. The Collinion Reconstruction and Scene Homicide Team (C.R.A.S.H.) will be made up of police officers who have undergone formal training in accident reconstruction and can testify in court as expert witnesses. The, Marion County District Attorney's Office has assigned a deputy district attorney to work directlg, with the C.R.A.S.H. Team. This agreement and others such as Homicide Assault Response Team (H.A.R.T.) and North Marion County Law Enforcement Consortium, provides enhanced law enforcement services to the citizens of cities in Marion County. The benefits of the City of Woodburn being part of the C.R.A.S.H. Team are numerous. RECO~ED ACTION: The Woodbum City Council authorize the Police Department to enter into Agreement with cities, county and state agencies of North Marion County under an Interagency Agreement. igl- COUNCIL BILL NO. '/6~ RESOLUTION NO. A RESOLUTION AUTHORIZING AN INTERAGENCY AGREEMENT FOR COLLISION RECONSTRUCTION AND SCENE HOMICIDE TEAM SERVICES. WHEREAS, law enforcement agencies in Marion County have met with the Oregon State Police, and the Marion County District Attorney's office to discuss joint investigation of serious injury and fatal traffic accidents, and WHEREAS, participating agencies agreed to form the Collision Reconstruction and Scene Homicide Team (C.R.A.S.H.) to provide enhanced law enforcement services to the citizens of Marion County, and WHEREAS, it is in the interests of the city and citizens of Woodburn to execute an interagency agreement, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Chief of Police, acting on behalf of the city, be authorized to execute the agreement between the Oregon State Police, Marion County Sheriff's office, Marion County District Attorney, Keizer Police Department and the City of Woodburn. Section 2. reference, incorporated herein. Approved as to form'_~ ]'~ ~~ (~ity Attorney That a copy of said agreement is attached hereto and, by this Nancy A. Kirksey, Mayor APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. IOE INTERAGENCY AGREEMENT COLLLSION RECONSTRUCTION AND ~CENE HOMICIDE (C.R.A.S.H.) TEAM The C.R.A.S.H. Teum will consist of personnel selected by each jurisdiction and after consultation with the District Attorney's Office. The investigations shall be under the joint direction of the head of the agency of primary responsibility, the C.R.A.S.H. T_~am, and the District Attorney designate. The individual C.R.A.S.H. T~m member is accountable to their agency administrator for their conduct, performance, and activities as a law enfo~r.cement officer. The C.R.A.S.H. Te~_m will respond to all vehicle collisions requiring scene investigation if requested by the primary agency. The following is the protocol for the C.R.A.S.H. Team res~nse: 1. Fatal collision involving two or more vehicles or 2. A collision resulting in or possibility of criminal prosecution (i.e., negligent homicide, manslaughter, felony assaulO or Any Department collision resulting in a serious injury To be available to assist H.A.R.T. when requestd. e The C.R.A.S.H. Team should be consulted on .all other fatal motor vehicle collision or where a question exists as to whether or not a reconstrucfionist would be of a benefit to the investigation. ,, The C.R.A.S.H. T~m may use OSP Crime Lab and fingerprint personnel where appropriate. Ge The C.R.A.S.H. Tam may use the Marion County shops and mechanic for inspection of vehicles. These arrangements must be approved with Marion County Sheriff's Office supervisors and no vehicles can be stored ~qt the Marion County Shops in lleu of their own facility. Copies of all report8 will be submitted immediately to the jurisdictional agency who will immediately submit them to the District Attorney. The C.R.A.S.H. Team will conduct their investigation in a professional manner and will use approved techniques in handling of all evidence. IOE The C.R.A.S.H. To_nm will attend training seminars if. requested and available and will provide their assistance as instructors in local jurisdiction training programs. II. AGENCY A. OF PRIMARy RF~PONSIBILITY The team must limit rezponsibility to the reconstruction and evidence identification aspects of the collision unless the primary agency specifically requests additional azsis~ce. Each jurisdiction shall be responsible for the expenses incurred by their own members and only those members during the course of the investigation.. Investigations outside the city limits, the agency which rec~vcd the initial call (Oregon State Police or Marion County Sheriff's Office) shall be the agency of primary responsibility, o Upon notification of a collision requiring investigation within their jurisdiction, the agency of primary responsibility shall: Assure proper protection of the scene until the arrival of the C.R.A.S.H. Team. 2. Provide all available assistance az requested by the C.R.A.S.H. Team. Continue command of the investigation through completion of the investigation. Notify the Team through the We, stem Regional Dispatch Ceater of the Oregon State Police. a. Team members will notify their own agencies. III. EVIDENCE A. Each agency of primary responsibility will provide for storage and control of all - evidence that conforms with their e.stab~h~ property control procedures. B. Copies of property report forms will be included in the investigation r.~rts. IOE IV. SIGNATORY AUTHORITY OF AGENCY PARTICIPATION Oregon State police Date Marion County Sheriff's Office Marion County District Attorney Date Date Keizer Police Department Date City of Woodbum Date CITY OF WOODBURN POLICE DEPARTMENT 1OF 270 Montgomery Stre~Woodburn, Paul E. Null (_ _~ Patrol Operations~ieOtenant Oregon 97071 982-2345 Ext. 352 Date: January 21, 1995 To: Subject: ri S Childs, City Administrator and City Council ght, Chief ~Differe, ntial Police Response (DPR) On October 26, 1992 the Woodbum City Council authorized implementation of the Woodburn Police Department's Differential Police Response Program (DPR). The design of the program is to implement alternatives to a police officer~ immediate response to all calls for service. In order to broaden and provide more effective police services to the community, we must defer or refer most calls for service by an alternative response method known as a Differential Police Response Program (DPR). Prior to the Woodbum City Council authorizing DPR, a committee was formed to study and establish alternatives to ,,immediate police officer response. The committee was made up of a City Council person; Don Hagenauer, citizens; Mary Schultz and Carl Brown, and members of the Woodbum Police Department. '- In October and November of 1994, Woodbum police officers of all ranks, members of NORCOM, and DPR clerks, held several strategic planning sessions to discuss how effectively the DPR program was functioning and how the program could be improved. Several changes were suggested by the employee committee. In order to facilitate the DPR program, a prioritization of calls for service had to be established. One change suggested by the employee committee, was to modify the "prioritization" of calls for service. Under the current DPR program, the calls for services are prioritized into four categories. The employee committee re- evaluated the priorities and expanded them to six categories. The additional categories allowed for a clearer understanding of which type of call would be handled first, based on the urgency of a particular situation, but still allow flexibility dependant in the circumstances. Another change was to give dispatchers more authority to hold calls for service based on the-priority level the call for service fell. -. 1OF The changes suggested by the employee committee were somewhat significant. It was the feeling of police administration, the new prioriti~_tion should be reviewed by the original DPR committee for reassessment and approval, prior to going to the City Council for sanction. On January 18, 1995, Lt. Eubank and myself met with the original DPR committee and presented the revised prioritization list to them. The committee made comparisons between the old and revised prioritization list and approved of the changes. I have attached a copy of the revised priority list for your review. RF~OMMF~DED ACTION: The Woodbum City Council sanction the implementation of the revised Calls for Service Priority List, dated January 18, 1995. 1OF Prioritization of Calls for Service Revised 01-18-95 To insure each call for service receives the most efficient police response, the following priorifization will be u~: (Change) Priority 1: Emergency call which requires immediate response where there is reason to believe that a continuing serious threat to life exist. Immediate dispatch/response Notify the shift supervisor/OIC immediately Separated previous priority I into three priorities. Previous priority' l i st ed in-progress crimes again~ persons and crimes against property, as same priority. Revised priority makes crimes against person (Priority 1) a higher priority than major crimes again~ property (Priority 2), followed by lessor crimes in progress such as a shoplifter (Priority 3.) (Change) Priority 2: Emergency call which requires immediate response where continuing criminal activity is present or has just occurred and there is substantial risk of ma_ior pro_t~rty damage. See Prio,rity 1 Immediate dispatch/response Notify the shift supervisor/OIC immediately (Change) Priority 3: Crimes in progress that present no significant threat of serious physical injury or major property damage; or Any incident or activity that could be classified as a possible crime or potential hazard to persons or property. Dispatch delay is authorized if no officer is available Dispatch will notify supervisor as soon as practical Dispatch shall call the complainant back within 15 minutes and advise of the delay and expected time of officer arrival See Priority 1 - Gives dispatch authorization to advise complainant of delay and hold call for next available officer. " 1OF (No Change) Priority 4: Request for police response which does not require an emergency response, but there exists a likelihood that an officer's investigation will lead to the apprehension of a suspect. Dispatch delay is authorized if no officer is available At time of call dispatch will advise complainant a probable response time If continued delay exists, dispatch will call complainant back and reestablish probable response time (No Change) Priority 5: Request for service where the officer's primary function will be fact-finding, reporting, or rendering assistance. Dispatch delay is authorized This type of call may be delayed or referred to detectives, DPR clerk, Community Policing Officer, Community Resource Officer, Ordinance Officer, etc. Advise complainant of the delay Maintain call on CAD screen until call is handled or disp0sitioncd by dispatch (No Change) Priority 6: Call for report purposes only. This type of call will be handled by a DPR clerk. e Dispatch delay authorized Dispatch will advise complainant of delay and-establish when 'a person" will call them back to take a report. This type of call may be dehyed to the following day or later if situation calls for extended delay. ,City of Woodburn Police Department Ken Chief of Jl MEMORANDUM lOG Woodburn, Oregon 97071 (503) 982-2345 Date: February 9, 1995 To: Mayor and Council C. Childs, City Administrator suoject: 1995 OLCC License Renewals Annually the city reviews all establishments that are licensed to sell liquor within the city. The police department has completed the review for 1995. All reviews were completed using Council policy. As of February 1991 the Woodbum City Council through Council Bill 1276 and Resolution 1037 established guidelines and procedures regarding liquor license recommendations. Through establishment of guidelines and procedures the City Council ensures equitable and consistent treatment of liquor license applications and the adoption of the policy protects the interest of the general public and provides consistent direction to staff in the processing of liquor license applications. The following liquor license applications were reviewed and are recommended for approval. PACKAGE STORES: AM/PM Mini Mart Bi-Man Crossroads Deli Gary's Market Lind's Market Lind's Plaza Market OLCC Store #60 Piper's Jewelry Roth's IGA Safeway Store Salvadore's Bakery Shop N Kart 7-11 Store Westview Texaco Woodbum Chevron Young Street Market Payless CLASS "B" DISPF3~SERS: Eagle's Lodge Woodbum Elks RETAIL MALT BEVERAGE: Abby's Pizza Inn lzzy's Pi 7.7n *The Raven Inn Senior Estates Country Club Woodburn Lanes Pizza Hut *La Unica *El Nopal CLASS "A" DISPENSERS: *Playa de Oro Chung Sing Restaurant The Pier Yun Wah Chinese Restaurant Chu's Eatery *Those establishments denoted by "*" have compliance plans because of past problems or conduct of employees, patrons or high incidents of problems within the immediate area. The Police Department recommends non-renewal of the following license(s) that come under the City Council guidelines that directs the police department to automatically deny renewal of a liquor license for excessive fights, liquor law violations, excessive noise, illegal drug use, trespass, public drunkenness and failure of the licensee to take appropriate action to prevent or control problems caused by patrons on the premises or within the local vicinity. La Linda's - The licensee, police and OLCC developed a compliance plan effective January 1994. On June 13, 1994, I sent the owner a letter advising them that the police had responded to eighteen calls and had arrested eleven per~ons. I requested that they contact me for a meeting to discuss the compliance plan and the excessive arrests and calls for service. To date they have chosen not to respond. In 1994 the police department responded to 47 calls arresting 28 persons. This represents a 76% increase over 1993. Recommendation: A non-renewal recommendation requires a public hearing, Recommend that the Woodbum City Council set a public hearing for the 1995 Liquor License of La Linda's, Inc., 293' N. Front St., Woodbum. That the public hearing be at the next regularly scheduled meeting of the Council, February 27, 1995. lOG 1OH MEMORANDUM TO: Woodburn Mayor and City Council THRU: Chris Childs, City Administrator FROM: ~'/Nevin Holly, Director Recreation and Parks SUBJECT: Bid On HVAC System For Aquatic Center DATE: February 9, 1995 As you will recall, when we opened our bids for the Aquatic Center, the lone bid of $133,000 for the heat recovery system was rejected by the Council. This item has been rebid and bids are being opened at 2:00 p.m., Thursday, February 9, 1995. The timing of the bid opening precludes me from having a recommendation at the deadline for Council packet inclusion. 'A recommendation and summary of bids Will be provided to you for consideration and action at the time of the February 13, 1995 Council meeting. IUI MEMO TO: FROM: SUBJECT: DATE: City Council through the City Administrator Public Works Program Manager f~'~~ Vehicle Parking on North Front Street February 9, 1995 RECOMMENDATION: Approve by motion installation of signs restricting parking on unimproved right-of-way along North Front Street. BACKGROUND: it has come to the attention of staff that there are concerns about vehicles parking in the grass area east of North Front Street near the Stonehedge Apartment complex. The vehicles are parking off the roadway on the right-of-way between the roadwaY and the railroad tracks on the city and railroad right-of-way. It is our understanding that Stonehedge Apartments has instituted a parking permit system with a limit on the number of permits per apartment unit. Cars are apparently being parked on the unimproved right-of-way since they are excess to the number of permits that are available for their apartment. Front Street in this area is approximately 22 feet wide which is sufficient for two vehicle travel lanes. There is not sufficient paved area for parking. The vehicles which are apparently causing the problem are parking in the grass/dirt between the paving and the railroad tracks. There are no "No Parking" signs along this section of street. "No Parking" signs normally are interpreted to mean no parking on the paved surface next to an installed curb in the usual case. There are no curbs along the portion where the problem has been reported. The parking of vehicles in this area has damaged the grass and right-of-way in.¢he affected area. Enforcement action appears to be warranted to discourage this practice. There appears to be justification in Woodburn Ordinance 1904 Section 2{5) to enforce such parking as prohibited. To insure that citations issued are legally defensible, some signage indicating that parking is prohibited should be installed. As mentioned above the standard "No Parking" sign is not appropriate in this situation. A specific sign such es "No Parking on Shoulder" will be obtained and installed. There will still be a need for these cars to park somewhere. There are few options available in the area for on-street parking. The Stonehedge complex provided the amount of on-site parking required by city ordinances. RR:Ig FROflTST. PKG 11A A/P CHECI( LISTING FOR THE NONTH OF JANUARY PAGE= 1 Check: N~r Budgetary Account N~nt~er 2584,9 25850 25851 25852 25853 25854 25855 25856 25857' 25858 25859 2586O 25861 25862 25871 25872 25874 25875 25876 25878 25881 25685 25687 25892 25893 SUPPL ! ES'PARKS PETTY CASH-VAR ICXJS SE',,~R BONO COUPONS SI-:UER BOND COUPONS SEMER BOND COUPONS SERVI(:ES*I~ATER VOID VOID VOID SERVICES-POLICE REFLN)-~ATER/SE~ER SUPPLIES-911 SUPPLIES-911 SERVICES-STREET SUPPLIES-POI. litE SERVICES-POL I CE SUPPLIES-CITY ATTY SERVICES-tI~I'P SERVECES-bq~TP SUPPLIES-CITY ATTY SERVICES-COURT GERVICES-911 LOAN PAYI4ENT-MJBL lC SERVICES-FINANCE HEHBERSHIP-POLICE GERVi CES-911 RE INSURSEFENT-F I NANCE SERVICES-VARIOUS 14EI4BERSH I P- DUI LD i NG GERVICES-911 SUPPLIES-TNANSIT SUPPLIES-VARIOUS 14EHBERSHIP-BUILD ING SERVICES-UATER TElL° ENPLOYt:ESoE#G SERVICES-POLICE SERVICES-COURT SUPPLIES-POLICE SERVICES-CO~? SUPPL I ES-VARIOUS GERVI C~S-911 SUPPLIES-ENGINEERING GERVICES-911 SUPPL IES-911 SERVI LES oVAR I OUS Vandor Nee Vendor Number Check - Date Uritten A~ount of Check US POST OFFICE 020090 1/03/95 190.00 CITY OF UGCX)BURN 015255 1/03/95 162.27 US NANK 020070 1/03/95 265.00 STATE STREET BANI( 018775 1/03/95 270.00 DEPOSITORY TRUST 003211 1/03/95 5,?6?.50 US POST OFFICE 020090 1/06/95 37/*.00 VOID VOID VOID VOID VOID VOID HO#ECOURT SUITES HOTEL NONE 1/06/95 :306.~6 ONRIN GNANLOND NONE 1/06/95 INAGE UATCNE$ INC NONE 1/06/95 ALCO CAPITAL RESOURCE INC 000104 1/06/95 119.25 ARANARK UNIFOIU4 SERVICE INC 000534 1/06/95 22.68 AUTONATED OFFICE SYS 000563 1/06/95 /.21.05 AT&T LANGUAGE LINE 000659 1/06/95 227.18 BUTTERSHORTN$ LEGAL PUBLISH 001590 1/06/95 75.76 CH2N-HI LL 002/*78 1/06/'95 1,087.38 CINTAS 00:'4~4 1/06/95 186. CLMI( BOARDIVA CALLAGiIAB 0025/*:3 1/06/95 18/*.04 HARGOT CONLEY 002686 1/06/95 :35.00 CONFORT INN 002687 1/06/95 228.96 DEPT OF ENVIR QUALITY 00:3205 1/06/95 60,000.00 EDEN SYSTEHS INC 004065 1/06/95 3,~1.00 F.B. !. 005071 1/06/95 51.00 GERVAIS TELEPflONE CO 0061/*:3 1/06/95 95.~ NANCY GRITTA 006325 1/06/95 6.00 G.T.E. 14OR I UJET 006375 1/06/95 590.11 ICDO 008003 1/06/95 195.00 I.D.H. CORPQNAT IOR 008010 1/06/95 *~ /.2,176.12 I .C.14.A. 008023 1/06/95 INDUSTRIAL UELDING SUPPLY 008100 1/06/95 68./,I INTL A$SOC OF PLUNBING 008~77 1/06/95 100.00 JANES ABBOTT ELECTRIC 009058 1/06/95 55.50 308 SHOPPERS INC 009119 1/06/95 1,216.70 I(ILROYS SELF STORAGE 010088 1/06/95 798.00 PETER H. I(ONOVALOV 010295 1/06/95 2?.50 I~USTON I(REATTIONS 010315 1/06/95 117.50 #$! GROUP INC 012015 1/06/95 125.00 HETROFUELING INC 012~8 1/06/95 1,576.t6 140N[TOR CO-OP TELEPHONE 012550 1/06/95 173.91 NE$SCO SUPPLY INC 01:3160 1/06/95 1,279.77 NEU HORU) SYSTEHS 01:3163 1/06/95 2,358.60 Nt/ IHAGING SOLUTIONS INC 013290 1/06/95 NORT#UEST NATURAL GAS 013350 1/06/95 1 126,219.15 11A 2/O2/95 A/P CHECK LISTING FOR THE HONTH OF dANUARY 1995 PAGE: 2 Check Number 25894 ~898 25910 25911 25912 2591:3 25914 25915 25916 2591]' 25918 25919 25920 25923 25927 25928 25930 25932 25933 25935 25939 Budgetary Account Ntnber SERVICES-POLICE MENaERSHIP'FI HANCE DUES-BUILDING RED I STRAT ION* F I HANCE SUPPLI ES-~ATER SUPPLIES-DAR SERVICES*VARIOUS SUPPLIES-VARIOUS SERVICES-VARIOUS SUPPLIES-FINANCE SUPPL I ES-E#G! SEEN i JIG SEEVICES*911 SUPgLIES-WATER SERVICES-LIBRARY SUPPLIES-WATER SUPPLIES-VARIOUS RE I BURSENENT- F ! NAN CE SUPPLIES-STREET SERVICES-VARIOUS SERVICES*VARIOUS SUPPLIES*INTP SUPPLIES-SUI LOING RE$1STRATION-911 REFUNO-BUILDING SERVICES-POLICE SUPPLIES-WTP SUPPLIES-HAYDN SERVICES'DAR SERVICES*DAR SERVICES-OAR SERVICES-DAR SERVICES*DAR SERVICES*DAR SERVICES'DAR SERVICES'DAR SERVI C~S*DAR SERVICES-DAR SEEVICES-DAR SERVICES-OAR SERVICES*DAR IJlVESTIGATI~-POLICE SENVICES-PARJ:S SUPPLIES-VARIOUS SERV! CES-WATER SEL~N 8ON0 COUPONS VOID Vendor Name Vendor Nteber Check - Date Written Amount of Check OtNEILL CONSULTING SERVICES 01&0~8 1/06/9~ 360.00 OR ASSOC OF NUNICIPAL RECOROER 014083 1/06/95 35.00 OREGON BUlLOIN6 OFFICIALS 014125 1/06/95 25.00 OR DEPT OF ADMINISTRATIVE SERV 014190 1/06/95 100.00 PACIFIC WATER WORKS SUPPLY 015065 1/o6/95 2,o8o.oo PAGENET OF OREGON INC 015101 1/06/95 20.90 PETRO CON SERVICES INC 015251 1/06/95 299.00 PITNEY BONES 015350 1/06/95 203.50 PORTLAND GENERAL ELECTRIC 015420 1/06/95 3,210.88 PORTLAND STAJ4P & SEAL 015~50 1/06/95 13.15 PO~ELL'S BOOKSTORE INC o15~67' 1/o6/95 . . ~.95 ST PAUL COOPERATIVE TELEPHONE 018035 1/06/9~ 17/'.60 SILVFRTON SANO& GRAVEL 0182o90 1/06/95 887.11 SOUNO ELEVATOR CO 018610 1/06/95 163.43 STETTLER SUPPLY CO 0187~0 1/06/95 4,859.40 TELECOIOI SYSTENS INC 0190~3 1/06/9~ 539.50 I~LqY TENHANT 019055 1/06/95 17.90 UNOCAL:ERNIE GRAHAM OIL 020010 1/06/95 341.41 UNITED DISPOSAL SERVICE 020020 1/06/95 560.65 U.S. WEST CO144UNlCATIUNS 020095 1/06/93 593.15 ' VALLEY t~LOING SUPPLY 021050 1/06/95 9.50 WAL-MARTS STORES INC 022035 1/06/95 36.71 WlLLA/4ETTE VALLEY C(X~ 022387 1/06/95 35.00 W(XX)BURN FERTILIZER 022590 1/06/95 150.00 WoooauNN FLOtll ST 022600 1/06/95 58.00 WOCX)BUNN RENT-ALL 022708 1/06/95 19.00 YES GRAPHICS 024025 1/06/95 40.00 GRACE DAVIDSOR 045210 1/06/95 56.25 CORNELIUS DONNELLY 045230 1/06/95 375.75 I~qvl N (;NIH" 045295 1/06/95 21.25 TONY HALTER 045310 1/06/95 '- 40.00 HATHY HUNT 045337 1/06/95 19.75 WARD O'BRIEN 0;,5497 1/06/95 50.25 GERTRUOE REES 045545 1/06/95 60.50 JA/~S STROUP 045595 1/06/95 68.75 BARBARA STROUP 045596 1/06/95 22.42 HATTIE VANOECOVER I N6 045670 1/06/95 8.75 ~ENE ta~LL$ 045698 1/06/95 52.00 LC~LL t~IEOFF 045705 1/06/95 26.50 JUDY ¥OUN~ 045?40 1/06/95 40.00 D(MLD L EUBANK 00~280 1/10/95 5,000.00 WOOOBURN CONSTRUCTION 022560 1/10/95 108,865.00 POSTASE BY PHONE 015~66 1/10/95 800.00 US POST OFFICE 020090 1/12/95 192.40 US HANK 020070 1/13/95 ._ 530.00 VOID VOID 257,329.~6 11A 2/02/9~ A/P CXECIC LISTING FOR THE HONTH OF JANUARY 19(;5 PAGE: ~eck Nmr Budgetary Account N~r V~r Nam VeZot N~r Check - Date Uritten Amount of Check VOID VOID VOID VOID PROFESSIONAL EGUIPMENT NONE 1/13/95 35.45 ELENA CAM NONE 1/13/95 7.45 NY$CA NONE 1/13/95 120.00 A & A DRILLING SERVICE 000010 1/13/95 1,780.00 ACE SEPTIC & EXCAVATING 000031 1/13/'95 200.00 A.P.A. OREGON CHAPTER 000275 1/13/~ ANANARI~ UNIFORN SERVICE 0005]4 1/13/95 AUTONATED OFFICE $YS 00~(~ 1/15/~ 191.45 AT&T INFORI4ATION SYSTEH$ 000620 1/13/9~ . 105.60 AT & T ~ 1/13/95 217.43 AT&T LANGUAGE LINE SERVicE 000~59 1/13/95 5]4.50 BI-NART CORPORATION 001275 1/13/95 19.99 BLAC~ B[RO CONSULTING INC 001290 1/13/95 1,800.00 BO8'S BACICHGE SERVICE 0013~ 1/13/9~ 11,29~.65 DON CAREY & ASSOCIATES 002126 1/13/95 4,0'~.00 CARLSON TESTING INC 002143 1/13/95 508.00 CELLULAR ONE 002305 1/13/~ 18.18 CINTAS 002484~ 1/13/95 163.6~ COHHUNITY TRANSPORTATiON ASSOC 002720 1/13/95 160.00 CONSOLIDATED PLASTICS CO 002]68 1/13/95 165.66 GENERAL ELECTRIC CAPITAL 006079 1/13/95' 136.00 G.T.E. ItoN%LNET 006~75 1/13/95 266.58 G.~. I',ARD~E CENTER 006405 1/15/95 326.87 NABITAT FOR NU#ANITY 007070 1/13/95 4,481.12 IIIGN-PURITT ClIBIICAL INC 007189 1/15/95 1,566.90 #[ LL-DONNELLT DIRECTORIES 007220 1/13/95 105.95 #O~TETLER FAI~$ TILING 007304 1/13/9~ i .C.#.A. 008026 1/13/95 "- 128.95 LANOIS& GYR 011032 1/13/95 ~?.oo LN~RENCE CONPANY 011175 1/13/95 200.00 NETROFUEL I NG INC 0124~8 1/13/95 86.8~ HILLER CONSULTING ENGINEERS 012505 1/13flt5 1,000.00 NATIONAL REC & PARK ASSOC 0130~0 1/13~5 160.00 NORTI~EST NATURAL GAS 013350 1/13/~5 160.71 ONE CALL CONCEPTS INC 014054 1/13/95 51.30 OR DEPT OF N~#INSTRATIVE SERV 014198 1/13/~5 572.80 OREGON DEPT OF JUSTICE 01/~210 1/13/95 15.00 ON DEPT OF NOTOR VEHICLE 01&2/~0 1/13/~ 39.00 PIONEER ELECTRONICS 015145 1/13/95 59.~ PORTLAN~ GENERAL ELECTRIC 015420 1/13/95 21,875.33 R & R UNIF~S OF OREGON 017003 1/13/95 801.83 TERRY RANIREZ 017050 1/13/95 32.00 RED UING SHOE STORE 017138 1/13/~5 131.75 317,720.47 , 11A 2/02/95 A/P CHECK LISTING FOR THE HONTH OF JANUARY 1~95 PAGE: Check 2~011 26015 26O16 Z6019 26020 26021 26022 2.602/, 26025 2~26 26O27 26028 2603O BudgetarY/Account Ncnber SUPPLIES-PLANNING SUPPLIES-PARKS SUPPLIES-VARIOUS SERVICES-VARIOUS SERVICES-CITY ATTY SUPPLIE$-CITYADN[N SUPPLIE$-UUTP SEUERBONDCOUPON SUPPLIE$-COOE ENFORCE SUPPLIES-POLICE SUPPLIES-VARIOUS PIOCUP-UATER SUPPLIES-UUTP SERVICES-VARIOUS SERVICES-VARIOUS SUPPLIES-VARIOUS SUPPLIE$-PAfUCS SUPPLIES-VARIOUS SERVICES-RSVP SERVICES-RSVP SERVICES'RSVP SERVICES'RSVP SERVICES-RSVP SERVICES-RSVP SERVICES-RSVP SERVICES'RSVP SERVICES-RSVP SE~RBO~CiXffmoNS SEUERBC~_r~v__moNS SEI~ERBONDCOUPORS PETTY CASH-VARIOUS PICEUP-PARKS VOID VOID VOID REFUflD-UATER/SEUER SERVICeS-BUILDING REFUND-POLICE REGISTRATION-PLANNING SERVICE$-UUTP SERVICES-VARIOUS SUPPLIES'LIBRARY SERVICES-UUTP SERVICES-C STORES SUPPLIES-POLICE SUPPLZES-C STORES Vendor Nm. ne SALEH PRINTING-BLUEPRINT 018110 FRANK SCHEER o18297 SCOT CUSTOOIAL SIJPPLY 018308 SCOTT & ASSOCIATES 018110 N. ROSEST SHIELDS 018~50 SLATER COIMUM{ CATIONS 018522 #. LEE S{4ITII PUBLISHERS 018566 SONC~4A VALLEY BANK 018602 S.T.S.S. 018721 TERRITORIAL SUPPLIES INC 019060 TffE d. TflAYER CGHPAMY 019100 TRACESEL BUICE-G{4C 019197 UNOCAL:ERNIE GRAIMN OIL 020010 U.S. UEST COI4qUNIGATIONS 020091 U.S. MEST CGI44UNICAT{ONS 020095 MOCOBURN OFFICE SUPPLY 022670 ZEDCX~ INC 025010 ZIP 14ANUFACTURING CO 025050 MARGARET CANARY 035122 DONALI) E FOLTZ 0352&7 ELMER HOFHARS 035340 LEO LA ROQUE 035465 CAROLYN HCHILLAN 035500 VADA CY~ENS 035583 MARIAN REED 035615 ~UNE UOCOCOCE 0356~8 dAY VOGO$ O35763 FIRST INTERSTATE BANK 0051/,0 FIRST INTERSTATE BANK- 0051/.0 FIRST INTERSTATE BANK 0051/.0 CITY OF UO(X)BURN 015255 HURRAY CHEVROLET 01269? VOID VOID VOID VOID VOID VOID ROCELiO KEDINA NONE ROGUE REGE#CY INN NC)NE HR SERGIO ESPINOZA NONE CITY OF STAYTOR NONE A & A PEST CONTROL tHC 000011 AT&T UIFOPJ4ATION SYSTEI4S 000620 BI-14AJ~T CQ~POP~KT toff 001275 Cr#TA$ 002/.8~ AHERICAR BUSZ#ESS HACHZ#ES 0028?5 DARE AHERICA 003037 DATA COHH gAREHOUSE 003049 Vendor Nudger Check - Date Uritte~ Amount of Check 1/13/95 25.00 1/13/95 94.43 1/13/95 ~1.50 1/13/95 2,317.63 1/13/95 62.25 1/13/95 87.00 1/13/95 135.00 1/13/95 61.50 1/13/95 155.50 1/13/95 351.91 1/13/95 ' 9,~'..Z$ 1/13/95 352.91 1/13/95 2,963.81 1/13/95 1~.30 1/13/95 57.45 1/13/95 187.50 1/13/95 16.00 1/13/95 83.50. 1/13/95 ~9.00 1/13/95 101.00 1/13/95 13.25 1/13/95 80.00 1/13/95 81.75 1/13/95 2,295.00 1/17/95 270.00 1/18/95 1,325.00 1/18/95 '- 153.26 1/19/95 15,501.58 1/20/95 22.30 1/20/95 M.92 1/20/95 15.00 1/20/'95 280.00 1/20/95 171.47 1/20/~5 14.83 1/20/95 181.88 1/20/95 178.85 1/20/95 1,557.55 1/20/'95 -- 18~.75 362,640.14 2/02/95 A/P CHECK LISTING FOR THE MONTH OF JANUARY 1995 PAGE: 5 Check Nar Budgetary Account Nudoer Vendor Nm Vendor N~ber Check - Date Written Amount of Check 26032 SERVICES-I~/TP DEPT OF ENVZR QUALITY 003205 1/20/95 35.00 26033 SUPPLIES-V~TP DYNOKE# INOUSTR[ES 00~3315 1/~/~ ~1.~ ~ ERViES-FI~E ~EN SY~S INC ~5 1/20/~ 13.00 ~35 ~PLIES-~P ~NE~ ELE~RIC ~ ~ 1/20~ 1,551.~ ~ ~V[~S-V~[~ ~IS ~ EIDE ~ 1/ZO/~ 1~0.00 ~9 REI~~-~P R~ A HELSING ~71~ 1/20/~ 56.40 ~1 TE~ E~LOYEES-ENG ~ S~RS ZNC ~3 ~FEREKE-~CIL ~ OF ~ CITIES 011110 I~/~ '' ~.00 ~ ~LZES-V~[~ ~T~LING INC 01~ 1~ ~19.58 ~5 ~PLZES-911 HI~YST~ ~E~E 012~59 1~ ~6.95 ~ SERVI~S-N~ DEPT ~l~ 01~ 1/20~ ~1.~ ~ ~LIES-FI~ ~E~ D~T OF ~TI~ 01(210 1/~ 15.00 ~9 ~LIES-~P P~ZFIC ~ ~L~ ~TER 015~9 1/20~ ~.~ ~50 ~PLIES-~P P~TT ELECTRIC ~ 015~0 1/~ 2~.52 ~1 ~RV[~S-~P PI~EER ELE~R~I~ 015~5 1~0~ 9.50 ~2 ~LZES-T~SIT R & R ~IF~S 01~3 1~0/~ ~ SERVZ~S-~T TERRY ~[REZ 01~0 1/20~ 39.50 ~ ~PLIES-~LIC ~S LES SC~ TI~ ~NTER 01~ 1~0~ t~.~ ~5 FILING FEE-V~I~ ~ET~Y OF STATE 01~ 1/~ 2~.~ ~ ~LIES-~E EHF~ SiLWRFLEET SYST~S 01~ 1~0~ 57.16 ~7 ~IES-STREET~TER TAYL~ ELE~RZC ~PLY 01~30 1/~ 7~.26 ~8 ~PLIES-STREET/C ~ ~:E~IE ~ OiL 02~10 1~ 216.~ ~9 SERVI~S-911 U.S. ~ST ~I~T[~S 02~ 1~0~ 1~.16 ~ ~RVIES-~P ~ VIKING INSTANT ~' ~11~ 1~ ~.00 ~1 ~LZES-LZB~Y ~ U~-~T ST~ES INC 0~5 1~0/~ 120.52 ~ SERW~S-~TER ~TER~F~ & RE~CH ~ SERVI~S-~LIC ~ ~UN FL~iST 0~ 1/~/~ ~.~ ~5 ~LIES-FIW~ ~PERFE~ ~iNE 0~ 1/~/~ ~ ~IES'~LZ~ YES ~HZ~ 02~025 1/20/~ ~2.50 ~7 ~LIE$'~P ~ ~ ~RVZ~ 0~0~ 1/~ 15.~ 2~ ~LZE$-~ZCE ~TRO~LING IHt 012~ 1/20/~ 556.37 ~ SERVZ~S-~ATER ~ ~T OFFI~ 02~ 1/20/~ 218.~0 ~ PE~iT-~Z~ ~ ~TY 012~ 1/~/~ 500.00 2~71 PETTY ~$H-V~]~ CITY OF ~ 015~5 1~/~ 1~.12 2~ VO ~ D VOZ D VO [ D ~7~ VOI D VO[ D VO Z O 260~ VO Z O VO ~ D VO ~ D 2~76 ~PLiE$-~Y~ PA~ 152 ~ S~S N~E 1/27/~ 250.00 2~ RE~-~TER/SE~R STATE OF ~E~ ~LO~NT H~E 1/27~ 374 ,~3~ 7. 92 11A 2/0:)/95 A/P CHECK LISTING FOR THE HONTH OF JANUARY 1995 PAGE: 6 ~k N~r Budgetary Ac~t N~r 26078 SERViCES'POLiCE 26079 SERVICES-LIBRARY 26080 SERVICES-PARKS 26081 SERVICES-VARIOUS 26082 REGISTRATION-ENGINEERING 26083 SERVICES-911 26084 SERVICES-POLICE 26085 SUPPLIES-VARIOUS 26086 SUPPLIES-LIBRARY 2608? SU~PLI£$-CI?YATTY 26088 INTERNSNIP-CITYADI4IN 26089 REGISTRATION-POLICE 2609~ SUPPLIES-t4ATER 26092 SUPPLIES-LIBRARY 26093 SERVICES-ENGINEERING 26094 SERVICES-ENGINEERING 26095 SERVICE$'I6/TP 26096 REGISTRATION-POLICE 2609? SERVICES-PARKS 26O98 SERVICES-COURT 26099 SUPPLIES*UATER 26100 SUPPLIES-VARIOUS 26101 REIHHURSENENT*FINARCE 26102 PERHIT-SUILDING 261O3 SUPPLIES-POLICE 26104 StJPPLIES-LIHRARY 26105 REGISTRATION-POLICE 26106 SERVICES-POLICE 26107 SUPPLIES*LIBRARY 26108 SERVICES-POLICE 26109 SUPPLIES-VAR[GUS 26110 SUPPLIES*UATER 26111 SUPPLIES-VARIOUS 26112 SERVICES-POLICE 26113 SUPPLIES-POLICE 2611& SUPPLIES-LIB/PARKS 26115 SUPPLIES-PARKS 26116 REINBURSEHE#T-FINANCE 26117 SERVICES-PARKS/POLICE 26118 SUPPLIES-VARIOUS 26119 SUPPLIES°POLICE 26120 SERVICES-NON DEPT 26121 SUPPLIES-LIBRARY 26122 SERVICES*ENGINEERING 26123 SERVICES-LIBRARY V~or Name Verxfor NLnber Check - Date grfttefl Amount of Check TUALATIN VALLEY FIRE & RESCUE NONE 1/27/95 300.00 A-mJALITY TYPL~RITER CO 000/,20 1/27/95 97.00 ANDERS~IDOORHECHARICS 000~30 1/27/95 579.~4 ARARARK UNIFOI~ SERVICE 000534 1/27/95 115.78 ASPHALT INSTITUTE 000550 1/27/95 160.00 AUTGNATED OFFICE SYS 000563 1/27/95 33.75 AT&T.LAROUAGE LINE SERViCES 000659 1/27,/'95 21&.73 BI*KART CORPOP, ATION 001275 1/27/95 2&1.55 ROIl 8REI4ERPUBLICATIONS 001;~-5 1/27/95 100.00 BUTTERSUORTHS LEGAL PUBLISH 081590 1/27/95 83.76 HELEN BUZENBERG 001660 1/27/95 .' 160.00 CANBY POLICE DEPT 002051 1/27/95 10.00 CASE AUTONOTIVE 082190 1/27/95 1,&lO.&$ CESSCO INC 082330 1/27/95 20.00 CHILTON CONPANY 002457 1/27/95 15.76 CH2H-HILL 002477 1/27/95 2,767.9& ON2H-NILL 002478 1/27/95 10,936.23 CINTAS 00248~ 1/27/95 332.95 CIS: ClTY-CTY INS $ERV$ 002~88 1/27~ 375.08 CLACKANAS LOCK 002558 1/27/95 200.08 K4R GOT C(~LEY 00~_ _fda_ 1/27/95 20.08 CONSOLIDATED SUPPLY CO 082'770 1/27/95 50.0~ CONVENIENCECARO 082815 1/27/95 142.10 V JEAN DEEN 003107 1/27/95 27.80 DEPT OF ENVIR QUALITY 003205 1/27/95 30.00 DIP-N-OO~UT 003224 1/2'?'/95 7'2.60 EBSCO SUg$CHIPTION SERV 00~040 1/27,/95 10.00 CITY OF EUGENE 004353 1/27/95 3o.oo EUGENE HILTON 00~355 1/27/95 167.55 FACTS ON FILE INC 005010 1/27/95 42.15 FARMERS OIL 0050/,0 1/27/95 6.00 FARM PI.Ag 005062 1/27/95 24.88 H D FOM. ER CO INC 005210 ¶/2?/95 2/,8.06 FONCE 4 C~POTER 005242 1/27/95 775.36 FOTOHAGIC 005258 1/27/95 88.92 FRARKLIN GUEST CO 005332 1/27/95 110.15 GO~ER GRAPHICS 0062'70 1/27/95 555.00 6HAN~ St. Afq oo6z7~ 1/z?/95 ~o.oo NANCY GRITTA 006325 1/27/9S 15.50 G.T.E. 1406ILHET 00637"5 1/27/95 613.~8 G,~. HARDI,~,RE CENTER 006~05 1/27/95 HARRIS UNZFORHS 00~090 1/27/95 793.50 NUGGINS INSURANCE AGENCY 007~3 1/27/95 350.00 JACKSOn'S BOOKS 0090~6 1/27/95 196.25 JO6 SHOPPERS INC 009119 1/27/95 ._ 1,201.40 JUOSON'S INC 009199 1/27/95 1,093.$6 11A 2/02/95 A/P CHECK LISTING FOR THE MONTH OF JANUARY 1~5 PAGE: ? ~eck N~nb~r Vendor Name Budgetary Account N~r Ver~or Number Check - Date Written k~unt of Check 1/27/95 194.57 1/27/95 75.55 1/27/95 1,567.50 1/27/95 646.61 1/27/95 71.71 1/27/95 ?,612.08 1/27/95 114.37 1/27/95 1,550.00 1/27/95 186.18 1/27/95 100.00 1/27/95 236.70 1/27/95 26.50 1/27/95 282.24 1121/95 98.88 1127/95 60.48 1/27/95 2,148.71 1/27/95 1,46~.72 1/27/95 120.00 1/27/95 19.10 1/27/95 5,915.50 ' 1/27/95 20.00 1/27/95 ~.31 1/27/95 260.00 1/27/95 662.40 1/27/95 172.05 1/27/95 35.00 1/27/95 356.16 1/27/95 37.95 1/2T/95 69.8O 1/27/95 700.00 1/27/95 '- 81.47 1127195 425.35 1/27195 153.50 1/27/95 20~.00 1/27/95 1127/95 10.95 1127195 9~.~; 1127/95 101.00 1/27/95 253.75 1/27/95 1,008.56 1/27/95 50.~8 1/27/95 20.00 1/27/95 36.65 1/30/95 55.00 26124 SUPPLIES-STREET K-HART STORES 010015 26125 SERVICES-PLANNING KITTLESON & ASSOCIATES 010093 26126 SERVICES-LIBRARY KHOCO CORPORATION 010293 26127 SUPPLIES-VARIOUS L & L gUILDING SUPPLIES 011010 26128 SUPPLIES-LIBRARY K4Z)ERA CINEVIDEO INC 012036 26129 SERVICE$-BUILD[NG NARION COUNTY RLDG INSPEC 012090 26130 SUPPLIES-PARKS #ISCO 012515 26131 SUPPLIES-POLICE 911 DISTRIBUTORS INC 013002 26132 SUPPLIES-POt. ICE NATIONAL INPRINT COP. P 013068 26133 SERVICES-PARKS OR DEPTOF ADNINisTRATIVE SERV 01~i98 2613/* SUPPLIES-STREET OUTDOOR FENCE CO 01/~90 26135 SUPPLIES*POLZCE PACIFIC PURE BOTTLED UATER 015059 26136 OUPPLIES-~ATER PACIFIC ~ATER ~ORKS SUPPLY 015065 26137 SUPPLIES-mTER PAI.H~RASIVE Am) TOOL CO 01510? 261~8 SUPPLIES-POLICE PIONEER ELECTRONICS 015345 26139 SERVICES-~TER PORTLA. D GE#ENAL ELECTRIC 015420 261/.0 SERVICES-STREET PORTLAND GE#F.P.A£ ELECTRIC 015~22 261~1 SERVICES-911 PTi COO4UNICATIORS 015580 261&2 SUPPLIES-TRANSIT R & R UNIFORN$ 017003 26143 SERVICES-POLICE/911 NAZN 0170~2 2614~ SERVICES-PARI(S RECREATIONAL SPORTS SECTION 017100 261&5 SERVICES-STREET SALENBNAKE &UHEEL INC 018075 261~6 SERVICES-PARKS SCHOOL BUS SERVICES INC 018270 26147 SUPPLIES-STREET SILVERTON FOUNDRY 018/,77 26148 SERVICES-POLICE SLATER CONI4UNICATIONS 018522 26149 SUPPLIES-CITY ATTY STATE COURT AOI41HISTRATOR 018745 26150 SERVICES-POLICE SUN RIVER 018848 26151 SUPPLIES-LIBRARY TRANSPARENT LANGUAGE I#C 019213 26152 SERVICES-911 ~ U.S. &lEST CI:~NUNICATIORS 26153 SUPPLIES-t/ATER UTILITY VAULT CO 020165 26154 SUPPLIES-LIBRARY VISIONS 021203 26155 SUPPLIES-POLICE MAL-14ART STORES INC 022035 26156 SUPPLIES-POLICE/CITY ATTY I~ST PUBLISHING CO 022160 26157 S~PPLIES-~ATER WESTERN POI~ER & EOUIPNENT 022228 26158 SUPPLIES-WTP ~HESSCE VAREC INC 022270 26159 SUPPLIES-LIBRARY JOHN WILEY & SONS INC 022317 26160 SUPPLIES-LIBRARY ~INNERAGO SOFTWARE CO 022435 26161 SERVICES-VARIOUS 1,000BURN FLORIST 022600 26162 SERVICES-DAR 1,000BURN INOEPENOENT 022630 26163 SUPPLIES-VARIOUS I~q:X~OBURN LUI48ER CO 022660 2616/, SUPPLIES-PARKS U(:XX)BURN OFFICE SUPPLY 022670 26165 SLPPLIES-STREET t&:)OOBURN RENT-ALL 022708 26166 REINBURSEMENT-POLICE kENNETH URIGHT 022830 26167 SUPPLIES-FINANCE NOUNTAIN NETUOP. K SOLUTIONS NONE 427,095.66 14A MEMO TO: Mayor and City Council through City Administrator FROM: Planning Commission SUBJECT: Site Plan Review 94-25 DATE: February 6, 1995 At their meeting of January 26, 1995 the Planning Commission approved, with conditions the construction of a banking facility located at the south west corner of Cascade Drive and State Highway 214. The structure will be placed in front of the existing medical office building located on the south portion of the lot. ATTACHMENT A WASHINGTON FEDERAL SAVINGS WOODBURN BRANCH PROJECT 999 NORTH CASCADE DRIVE WOODBURN, OREGON SITE DEVELOPMENT APPLICATION NARRATIVE OwTlers: Dr. Ronald E. Walker Mary A. Walker Purchaser: Washington Federal Savings 300 SW Eliswo~th Street Albany, Oregon 97321 Nate Lowe, Senior Vice President Phone: (503) 967-7574 Submitted by: Benchmark Architectural Sen, ices 250 S.W. Jefferson Ave. Corvallis, Oregon 97333 Gary Day Project Architect Phone/F,0c (503) 752-1939 NARRATIVE What are the design objectives of the project? Washington Federal Savings proposes lo construct a branch savings and loan facility 10 senm the Woodbum community. The Woodburn Branch Project is an allowable financial institution use within the CO Development Distr~ on the southwest comer of Hwy 214 and Cascade Drive. The .8861 aore lot has an. existing medical office located in it's southwest comer. The applicant seeks approval of the proposed site developm?rit plan which will parlJtion the existing lot into two separate ownerships. ~The~.._sco.pe of .the project addresses the oonslnlction of a new savings and loan facility of ap _Eroximately .ouu S.T. on me northem half of the existing lot and modifications 10 the existing office parking lot to reconfigure parking and provide, a shared acoess 10 Casoade Drive. The Owner and Pumhaser have made a concun'ent application to parUtion the existing lot into two ownerships. The branch savings and loan design will include a single drive-thru teller lane with ten vehicle stacking capacity, and have an initial staffing level of four individuals with a potential future staff of six persons. Operating hours are from g:00 AM .to 5:00 PM Mondays thru Thursdays, ~.00 AM thru 6:00 PM on Fridays. Staff members report to work one-half hour prior to operating hours. The design will be based upon the arc, hitec~ral style developed in Washington Federal's recent construction projects in Dallas, Corvallis., and Wilsonville Oregon. Materials will include: Brick masonry v~neer (deep reddish-brown color), synthetic stucoo (earthen tan color), black anodized Insulated commercial aluminum storefront windows, stained wood soffits and trim (dark reddish-brown color) and a da.'rk-green standing seam metal roof. An accessible walkway shall be provided from the existing sidewalk along Highway 214 to the ifuildings main entry. Trash shall be stored in a sight-obscuring masonryenclosure along the new south property line. Mechanical equipment shall be located on grade behind a sight-obscuring masomy screen wall. Site lighting shall be by pole-mounted lights (approximately 20'-0" tall) of a design that will avoid glare onto adjacent streets and prope~es. '14A Page - 1 8DNIA¥8 '-l¥1zl:::::l(ZIZ::l---I .N..OJ._DNIHS¥~A I I ii Z NOIg,'='l=lO 'NanaaooM =lAIl:~la [~IC]¥OIB""¢O aNY t'i-~ ).MN ::::::lC~l:::::l:::::lO HON"~"I:;::IIE~i NI=:iNI~EICIOO/V~ SONIA"~'S '-l'~'i::::l::::::::Ia:::::l.-.I. NO..LIDNIHS'~"M Z Z Z 0 15A MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator February 8, 1995 Eartho_uake February 9, 1995 SUBJ.: DATE: As you know, the community experienced aminor earthquake at approximately 1:10 a.m. on Wednesday, March 8, 1995. Experts have pegged the eyent at approximately magnitude 3.6 - 3.7 and now suggest that it may have be~n yet another aftershock from the 1993 "Spring Break Quake". The following precautionary measures, consistent with the city's nearly completed Emergency Operations Plan, were taken: 1. A telephone "Damage Hotline" was established (982-5228). 2. A Public Information Officer (PLO) was designated. City crews were initially diverted from non-essential tasks to evaluate all public facilities for damage. No notable damage to city facilities was identified, and we are unaware of any injuries or property damage elsewhere in the city. Not altogether surprisingly, no calls had been received ~)n the "Damage Hotline" in the first 24 hours after it was established. This telephone line will be discontinued at the end of business hours tomorrow, Friday, February 10, 1995. The PlO designation was helpful in this instance in conveying information about the "Damage Hotline" number to the news media, as well as providing some clarifications in response to media inquiries. The PlO duties were ably handled in this instance by Marianne Wolf, Communications Center Manager. Any further details of significance regarding the recent earthquake will be conveyed to the Mayor and Council as appropriate. This event once again emphasizes the unpredictability of natural forces and the importance of readiness. Our Emergency Operations Plan is sufficiently advanced that, had this been an event of greater severity, basic measures beyond those described above could have been imple[nented in a reasonably orderly manner. 15B MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council / Budget Committee Members Chris Childs, City Administrator ~ First Budqet Committee Meetin_~ February 8, 1995 The initial Budget Committee meeting to review the 1995-96 city budget has been scheduled for 7:00 o.m., Tuesday. March 14, 1995 at City Hall {Council Chambers). The first order of business on the 14th will be to deal ~Nith a supplemental budget for F.Y. 1994-95 necessitated by the need for several significant unanticipated expenditures within the current year (HVAC replacement/Basement sewage pump, etc.). Copies of the budget calendar, previously distributed to Council members, are being furnished to the budget committee members with this memo for informational purposes. A copy of the Supplemental Budget calendar is also enclosed. April 14, 1995 is another key date, being the deadline for the Budget Committee to conclude its deliberations so that necessary publication deadlines and' Council agenda calendars can be met. Hopefully, the committee will have an approved budget well before the mid-April date. It is my intention to present the budget in a format similar to last year, hopefully avoiding significant amounts of time dwelling on minute details. The March 14 initial meeting date is pretty much "cast in stone" to meet public notice requirements, with subsequent meeting dates to be scheduled as needed. The Tuesday/Thursday format of previous years has generally proven advantageous. CC: Finance Director City Recorder BUDGET CALENDAR Fiscal Year 1995-96 15B: DA'r~ STEPS January 20, 1995 February 20, 1995 March 1, 1995 March 14, 1995- April 14, 1995 May 3, 1995 May 10, 1995 May 22, 1995 ~une 26, 1995 Department Heads City Administrator City Recorder Budget Committee Budget Published Second Notice City Council Budget information be submitted to City Administrator for review Submit budget information to Finance Office Publish notice of public hearing at least 8 days nor more than 14 days before public hearing date The Committee holds public hearing, hears City Administrator's budget message, and receives explanation of budget document. First notice of public hearing before the Council is given not more than 25 days or less than 15 days before the hearing date (complete summary of Budget Committee's adopted estimated requirements) Published not more than 14 days or less than 8 days before the hearing date Holds public hearing on budget as published. Adopts budget ordinance before the st~'t of the new fiscal year. 15B - SUPPLEMI~NTAL BUDGET CALENDAR Fiscal Year 1994-95 DATES STEPS March 1, 1995 March 14, 1995 March 22, 1995 Mnrch 29, 1995 April 10, 1995 April 10, 1995 Budget Committee Budget Published Second Notice City Council Publish notice of public hearing at least 8 days nor more than 14 days before public hearing date Thc Committee holds a public hearing on the supplemental budget and receive~ explanation of budget document from the Administratbr. First notice of public hearing before the Council is given not more than 25 days or le~s than 15 days before the hearing date (complete summary of Budget Committee's adopted estimated requirements) Published not more than 14 days or less than 8 days before the hearing date Holds public heating on supplemental budget as published. Adopts budget ordinance. 15C CITY OF WOODBURN POLICE DEPARTMENT 270 Montgomery Street Woodburn, Oregon 97071 Paul E. Null Patrol Operations Lieutenant 982-2345 Ext. 352 Date: January 21, 1995 To: Subject: Chris Childs, City Administrator Mayor and City Council Ken Wright, Chief North Marion County Law Enforcement Consortium On Friday, January 20, 1995 from 6:00 a.m. to 12:00 p.m., thc Woodbum Police Delnu'tment hosted a joint traffic enforcement for members of the North Marion County Law Enforcement Consortium. Members from six North Marion law enforcement agencies participated. A total of 57 traffic citations and 32 traffic warnings were issued. Thc following number of citations were written at listed locations: Hardeastle St. (14); East Lincoln St. (9); West Hayes St. (6); East Cleveland St. (6); Young St. (14) Hwy 214 (5); and Hwy 99E (3). The assigned areas were based on accident rates and citizen complaints of speeding vehicles in residential The joint law enforcement effort allows the department to focus in on problem traffic areas in order to obtain traffic law compliance and reduce traffic accidents. Thc majority of the'citations were written for exceeding the speed limit, failure to use seatbelt, no drivers license, and no insurance. The North Marion County Law Enforcement Consortium is scheduled to participate in Ixaffic enforcement in the city of Aurora next month and Hubbard in March. TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator Tentative "COPS Fast" Grant Award February 9, 1995 15D Recent media reports have indicated that the City of Woodburn is among a number of Willamette Valley cities awarded funds this week for small cities through the federal crime bill. Woodburn's tentative grant award is $75,000, which will partially fund one additional officer over the three-year period of the grant. This is the 'COPS Fast" grant which the Council authorized application for on November 14, 1994. The original grant application was for a maximum amount of $150,000 (over three years) for the support of two positions. Formal notification of the grant award will be forthcoming, along with further details regarding annual allocation and administrative details. This grant, along with the earlier 'COPS" (Community Oriented Policing) grant will be reflected in the proposed 1995-96 budget to be presented later this spring. Chief Wright and the Police Department are to be commended in capitalizing on every worthwhile opportunity to enhance our limited amount of local resources to further ongoing crime prevention and enforcement programs. MEMO 15E TO: Mayor and City Council FROM: Chris Childs, City Administrator L,0.C. Elected Officials Worksho_os SUBJ.: DATE: February 8, 1995 The League of Oregon Cities (LOC} has announced their biennial series of Elected Officials Workshops. A copy of the tentative workshop program is attached for your information. The most reasonable alternative for attendance by Woodburn's elected officials is Salem. Oreoon on Saturday. March 18. '1995 (all of the workshops are Saturday sessions). These League workshops are generally well organized and informative and 'the price is right'. If you are interested in attending this workshop, please contact Kay Vestal, Executive Secretary, or myself r~o later than Friday. March 3. 1995. 15E lO:~O"a.t~. ::~id' U~e.:Planning :~" ' '.12:00 n~n :::',~ThiS Se~0n incltides, a.bdef bac~und.of-thc' land use planning system, . but ;'i.~;~ .... '. ?i-.~:~!-:~will.'f~.' on ".the planning'commission's- and the COUncil's role 'in "'.making. land -' -;~' :':..?i/:/;L.~.~teCisionS.'.'!.AreaS.'~-inciude'eX' Parte::conttacts, conflicts '.- ..'.i.:,~: '"; .findings;.and public' hearing, p~ures..-.- i'.-': '"- .... :~ ../'~., ..'.-:' '"' . '~ .:;' · . :~: . ,~:.....~-e . . . ,~': .' . .... '"'" '"' ....... ~;LOC;;nd .,CIS es : . ' .... ' 12:00 noo LUNCIt · ~ n..,.. :. .:' -: Servic · . i;!:'f.-' .-i'::~'. ':~. ~: ' "'~),.~" ...... ' .:.: ..,~ i 1:00 p.lm':~..-City:Finnnces .and Budgeting .'-:.i: ... ' :.'" ':"- ~..% ?:' ': '" -' :-:-"'?:" ~q',~,S~' ,-C~;~ .--~ -' :: : '": '" ~v~ .: '-.... ,...;:. :.'' ..' :' :. :~'-:'i,-~i ~"?~'a, :~..;-~..' .' ,~:,-. ' ' ' 2:30 p.m.'.~-:,: ~. AK.:::.-.: :./* !. ~:.. ...... : -- ~. -.: .... ':? .:- . --;? ;.< -~::---'.~3-':.: :~;.;',' 'y..: .i,>~'~::,"~::~.' '~:C:'~ ' ''::' ~ ¢~' · '&' :" - ' '' .i:~'i i!-":.~ --, ,~ i~,i.-~- ~:~..:.,: ,:~ - ' 15F M~'.MO FROM: DATE: City Administrator for Council Information Iulic Moore, C.E. Tech HI ~.~ Young Street Railroad Crossing Closure February 9, 1995 Repairs and Crossing Southern Pacific has recently notified us that a crew will be here doing major repairs. . on the Young Street crossing on Tuesday, February 14. The crossing will be closed for the entire day so these repairs can be made. Traffic will be detoured at Front Street and Doud Street. This does not mean the rubber crossing mategal will be installed. Southern Pacific has only one crew in thc whole district that does this kind of installation and that crew is still not available and they do not know when it will be available. 15G STAFF REPORT TO: Woodburn Mayor and City Council THRU: /~Chris. Childs, City Administrator FROM: ~'~(,~Nevin Holly, Director Recreation and Parks SUBJECT: Woodburn Memorial Aquatic Center. Construction Update DATE: February 9, 1995 The Woodbum Memodal Aquatic Center is on schedule for a late Summer 1995 opening. Work progress has been going well. Most of our utility requirements are in place. Site excavation has been neady completed. Footings and the stem wall are complete and yesterday, February 8th, block walls began to be installed. We anticipate that within 30 days the extedor walls and the truss roofing will be complete. The actual pool and decking installation is done later in the project. There are regular weekly construction meetings being held. Our project supervision is being provided by Pool Consultant, Don Carey and Project Architect, Larry Matson. One or the other physically monitor our progress on a weekly basis., We are in the process of preparing job descriptions and advertisement-for our Aquatics Manager and Head lifeguard. We anticipate bdnging our new manager on board in June. This will allow for planning and direct input into the Aquatic Center's initial opening. This is an exciting time for our Department and the community as a whole.' NH:swp MEMO TO: FROM: SUBJECT: DATE: Community Development Director Bob Arzoian, Building Inspector Building Activity for JANUARY 1995 February 2, 1995 15H New Residence Value Multi Family Residmtial Adds & Airs /ndustrial Comrr~rc~al Value Signs, Fences, Driveways0 Mobile Homes JANUARY 1995 No. Dollar Amt 0 $ 0 0 0 3 55,500 0 0 6 56,5OO :3 4,500 0 0 JANU. ARY 1994 JANUARY 1995 0 0 :3 $:323,817 0 0 0 0 3 11,300 3 26,100 1 7,000 6 931,000 0 0 6 185,500 0 0 7 16,900 I 17,900 0 0 July I-/uue 30 Fiscal Y~x-a~-Dat~ 12 $ 116,500 $ 7.857.987 5 $ :~6,200 $17.946.538 25 1,483,317 Building Official RS:bw 8LDACT01 .q5 'MEMO TO: FROM: SUBJECT: DATE: Planning Commission and City Council through City Administrator Senior Officer M. Culver/J. Hansen, Code Enforcement Ofcr Code Enforcement Section Yearly Report for 1994 January 16, 1995 1bi . The Code Enforcement Section responded to or self initiated 1,818 cases in 1994, compared to 1,632 cases in the same period in 1993 - a 12% increase in activity. 1993 1994 INCREASE/ CASES CASES DECREASE 357 427 + 19.6% PUBLIC PROPERTY VIOLATION; These cases include storage of motor vehicles, boasts, trailers, abandoned autos, etc. on public property. 4O 3O Vehicles TOWED due to a violation on public streets/property. 260 212 -22% PRIVATE PROPERTY ABATE NUISANCES: These cases include articles on private property labelled as junk, old cars, car parts, miscellaneous debris, wood, tires, any type of debris that lessens the aesthetics of property. 56 51 -9% 177 248 +40% HEALTH HAZARD; These cases involved solid waste products (garbage) and other refuse which creates a public health hazard and habitat for rats; also human defecation and open septic tank(s) related to housing problems. LAND USE VIOLATIONS; Involve zoning ordinance violations such as single family unit being used as a multifamily unit, residential unit'S-operating as commercial businesses in a residential zone, traffic safety involving line of sight et intersections, and vehicle(s) being parked on landscaped areas. 16 8 -50% DANGEROUS BUILDING; Where building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated to become an attractive nuisance to children, vagrants or migrants affecting public health, etc....-.' 247 346 +40% ANIMAL CONTROL: These include but are not limited to dogs barking/running at large, vicious/menacing animals, follow up cases on animal control involving cruelty for Woodburn Police Dept. Dogs released to owners and payments of impound fees. Related duties involving livestock. 19~?_ 1993 CASES CASES 121 134 INCREASE/ DECREASE +11% 180 158 -14% 195 187 66 106 -4% +61% 151 OBNOXIOUS VEGETATION: This includes weeds, tall grass, poison oak, poison ivy, blackberry bushes and other vegetation located on private properties from May I through September 30. ASSIST OTHER AGENCIES: Such agencies as the Woodburn Police Dept, Woodburn Fire District, Marion County Health Dept, Marion County Housing Authority, Department of Labor and Industries, Accident Prevention Division, and Woodburn Building Department. MISCELLANEOUS VIOLATIONS; Public indecency, no merchant's license, peddlers, etc. CITY PARK VIOLATIONS: General rules end regulations affecting rules of conduct within Woodburn City Parks. ' Settlemier Legion Park Park Community Center City Parks security checks (drive through) 1993 1994 1,632 1,818 + 11.4% SUMMARY Average complaints per month: 1993- 1994- 139.8 151.5 I~RPT 0>- _o d E MEMO TO: FROM: SUBJECT: DATE: City Council through the City Administrator Public Works Program Manager ~~/~~ Mill Creek Lift Station Pump February 13, 1995 The city is again down to two operating pumps at the Mill Creek lift station. The operating pumps can handle anticipated pumping demands but there is currently no backup available if one of these pumps should develop problems. The pump drive shaft on one of the three pumps snapped on January 14, 1995 and also damaged bearings and seals on the pump shaft. The pump shaft, which is approximately four inches in diameter and four feet in length, was machined from record drawings and replaced. The pump has tended to vibrate and stop quicker than normal when shut down. It also has a tendency to vibrate when operating at different speeds. Some additional tear down inspection of the pump will be made this week and representatives of the pump manufacturer will also be consulted. RR:Ig #CREEK\UPOATE.HC COUNCIL WORKSHOP Ambljlance Franchising Issues January 30, 1995 - 7:00 p.m. (Tentative Agenda) Convene/Welcome (Nancy A. Kirksey, Mayor) Recap Intent of Workshop (Chris Childs, City Administrator) Workshop Handouts: a. Discussion outline - county officials b. City Administrator Memo re: Medicare "Kickback" issue c. City Attorney Memo re: Medicare "Kickback" issue Presentation on county Ambulance Service Area (ASA) regulatory authority (Michael J, Hanson, Assr, Legal Counsel and Joe Fowler, Health Department, Marion County) General discussion on State/County vs. City regulation of ambulance service Review/discussion re: Workshop handouts on Medicare "Kickback' concerns Other Issues? Council concensus/direction Adjournment Note: On January 9, 1995, the Council enacted Council Bill 1599, which extended the current ambulance franchise agreement with Woodburn Ambulance Service, Inc. until April 30, 1995, pending the outcome of tonight's workshop and subsequent direction of the Council regarding continued regulation of ambulance service by city franchise. DEGREE OF I:tEGuI~TION pROVIDED THROUGH COUNTY I%HBUL~NCE sERVICE I%RE~ pLIkN VS. CITY FRANCHISE REGULATIONS cOUNTY AUTHORITY- De ORS 823.180(1)- Develop plan for need 'and coordina- tion of ambulance services- ORS 823.180(1)- Establish one or more ambulance service areas- . ..... -o~vice providers ORS 823.180(3)- Franchl~e am~.u~_ ~es. bY county throughout county, including wlth~ ~ ..... ordinance- Replace ambulance services- C_ITY AUTHORIT~- A. Be De 3.180(2,3)- Be notified and consulted prior to ORS 82 _ _=_-~4~. or amendment- county plan auu~v-- ORS 823.220(3)~ Adopt city ordinances regulating comply with the county plan. amublance services that by county Board of ,Compliance determined Commissioners ORS 823.250(1)~ Authority to replace ambulance service operating within city· . Regulate private veh%cles ORS 22'1.485 and_221'~_~4., franchises- InC~ge~ authority ever .nt~r?__~. r;&%es and access, se==x,,9 maximum fa=es, conuru~ ~ and other ndards for equipment and insurance, :~ety and reliability elements. ~COUNTY PLAN_. Approved by state. De Sets ambulanceservice area boundaries- ards, assures all providers Sets performance standand has advisory committee to meet state standards, assist. Proviges exclusive 5 year franchises- initially existing qualified providers franchised until December 31, 1997. E. No rate regulation. F. Authority to set fees and franchise fees by order. None to date. POSSIBLE CONFLICT AND COORDINATION AREAS. A. Franchising. city franchise non-exclusive. franchise exclusive. County *No ambulance provider can operate in Woodburn without two franchises. Loss of county franchise means no operation, with or without city fran- chise. And vice versa. But city franchise alone insufficient to operate. Bo Ce Franchise Terms. City, 6 years. County., 5 years. *Overlap creates administrative difficulties for franchisees'and governments. Make effort to operate on same term of years and time? Fees. Both have authority to set franchise fees. *No inherent conflict, but need to consider impact of fees on franchisee. Total cost could hurt ability to operate. Fees should reflect different functions regulated by governments. Franchise Transfer/Termination. Both control. *See A above. Need to coordinate actions. Interruption of Service~. authority to take over. Both control, and have *Reasonable to plan now to avoid conflict if this should become necessary. Elements of Service Regulated. Will both attempt to regulate quality and quantity of service? *City franchise refers to rates, routes, access, equipment, insurance and safety and reliability factors. *County franchise refers to boundaries, response times, equipment, personnel, insurance, financial ability to operate, experience and ability, regional coordination, appropriate level of care and transport to appropriate hospital, and countywide continuous coverage. MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator SUBJ.: Contacts re: Medicare Kickback "Violations" DATE: January 26, 1995 As a result of the Council's November 2, 1994 workshop regarding ambulance franchising issues, City Attorney N. Robert Shields contacted David Werfel, attorney for the American Ambulance Association. A memo from Mr. Shields, summarizing his conversation with Mr. Werfel, is attached. Subsequent to that discussion, I attempted to contact officials in the two jurisdictions mentioned in Mr. Shields' memo; Lowell, Massachusettes and Merced County, California. I talked to Richard Johnson, City Manager at Lowell, Massachusettes (pop. 100,000), who confirmed that, in issuing an RFP for ambulance services "to the highest bidder", the city had indeed somehow run afoul of the regional Inspector General for the Dept. of Health & Human Services {see attachment to Mr. Shields' memo). Mr. Johnson stated that he was not employed by the City of Lowell at the time of the controversy, but referred me to David J. Fenton, Assr. City Solicitor, who had been involved in the franchise fee dispute. I contacted Mr. Fenton, who indicated that he had retrieved the file from ciW archives and would send me pertinent excerpts of information regarding the matter. As of this date, I have not yet received any material from Mr. Fenton and have been unable to reach him in followup telephone calls. My second contact was Chuck Baucum, EMS Director for Merced County, California. A private company, Riggs Ambulance Service, provides some 93% of the services to the county's 200,000 population. According to Mr. Baucum, it was a smaller ambulance company, with about 4% of the "market", that raised objections to the county's fee structure in respect to the Medicare "kickback" rules. Riggs Ambulance Service has not objected. Through all of the discussion, the fee structure has not been changed, but the smaller company pays their fee "under protest" when due. Contrary to Mr. Werfel's statement to City Attorney Shields concerning the existence of an Inspector General's opinion in that case, Mr. Baucum noted that, in fact, federal officials at various levels have been particularly unwilling to offer an opinion regarding the validity of the county's franchise fee structure. The fee amount is computed annually and derived from an established schedule b~ed on volume of Page 2 - Memo/Contacts/Medicare Issue (1/26/95) calls. There are additional provisions for a separate assessment to non-county residents using the county's franchised services. At the conclusion of our somewhat lengthy conversation, Mr. Baucum stated that, in his opinion, our current franchise fee arrangement, an established percentage of all gross revenues, is a much more straightforward method than even what Merced County uses, and should be comparatively much less subject to any possibility of criticism or examination relative to the Medicare "kickback" rules. MEMO TO: FROM: RE: DATE: CHRIS CHILDS, CITY ADMINISTRATOR. /~/~, N. ROBERT SHIELDS, CITY ATTORNEY NOVEMBER 29, 1994 CONVERSATION WITH DAVID WERFEL NOVEMBER 29, 1994 As a follow-up to the city council ambulance workshop on November 2, 1994, I telephoned David Werfel, attorney for the American Ambulance Association, on November 29, 1994. Mr. Werfel first stated that he did not particularly remember the conversation with Randy Garner regarding the Medicare anti-kickback statute, 42 USC Section 1320a, et seq. He stated that he received hundreds of telephone calls per month from the nationwide membership of the American Ambulance Association. As to the legality of ambulance franchises, Mr. Werfel believes that they all violate the statute. However, he seems to concede that a "flat fee" arrangement is preferable to a percentage basis. This is because he believes that a percentage commits the city to be a "partner" with the ambulance company regardless of their profits. On the other hand, a flat fee arrangement is possibly easier to justify because it represents the set consideration that the city exacts for use of their streets. When I asked Mr. Werfel for specifics on jurisdictions that have been found in violation, he stated that the Inspector General's office of the Department of Health and Human Services has investigated and issued citations in numerous cities and counties. According to Mr. Werfel, various letters from the Inspector General's office are available to Mr. Garner through the American Ambulance Association. So far, to my knowledge, the city has obtained a copy of only one of these letters (attached). This letter, dated July 16, 1991, according to Mr. Werfel addressed a situation Lowell, Massachusetts. I believe that this community is a suburb of Boston. Finally, Mr. Werfel said that he was also aware of a similar situation in Merced, California. He said that an Inspector General's opinion regarding this California county was available through the American Ambulance Association. NRS/kv DEPART~ENT OF HEALTH & HUh[AN SERVICES Office of I~vestJgations Region I John F. Kennedy Federal Bldg. Government Center Boston MA 02203 AI-11-2-11 July 16, 1991 David M. Werfel, Esquire American Ambulance Association 330 Motor Parkway Suite 303 Hauppauge, New York 11788 Dear }tr. Werfel: :It has recently come to the attention of this office, that ambulance companies are entering into contractual relationships '!with cities and towns in New England, so that, the cities and Ctowns will refer emergency calls to private ambulance services. This type of contractual relationship undoubtedly appears very attractive to the cities and towns whose State aid has shrunk, and who are looking for alternative sources of revenue to replace the losses in State aid to local communities. However, a legal review of these types of relationships by ambulance companies with cities and towns indicates that where the contracts call for the ambulance companies to provide a lump sum reimbursement to the towns at the start of the arrangements, or a per patient referral payment At the time of service, both the municipalities and the ambulance'~ompa--~S~ou~in violation of the anti-kickback statute of the Social Security Act (42 USC 1320a-7b), were the ambulance companies to then bill either the Medicaid or Medicare programs for reimbursement of 'costs for services rendered to Medicaid or Medicare beneficiaries. The Office of General Counsel, U.S. Department of Health and Human Services has advised the undersigned that for the purpose of the statute, cities and towns are to be regarded the same as individuals, and that Ambulance companies would be 'paying for referrals within the meaning of the statute. We are taking every means possible to notify the various cities and towns and ambulance companies through State governments, and ambulance and municipal associations, that they are both in violation of the aforementioned statute - the ambulance companies for paying the kickbacks, and the cities and towns for receiving them - when ambulance companies make payments for the referrals and subsequently use the fruits of the referrals thus generated, to pick up and transport persons and subsequently bill Medicaid Page 2 - David M. Werfel, Esq. or Medicare for those services. It has also come to our attention that some cities and towns have entered into contracts with ambulance companies requiring that the ambulance companies waive co-insurance and deductibles in order to get the contracts, as a means of keeping the citizens of the municipalities happy by not having to pay the co-insurance or deductibles. We want to use criminal prosecutions and sanctions, only as a last resort to resolve this problem, on the theory that a number of the participants may not be aware that they are in violation of the anti-kickback statute. If, however, it becomes evident that cities and towns and ambulance companies, after notification, continue these practices billing for Medicaid and Medicare beneficiaries and waiving co-insurance and deductibles, we will investigate such cases and refer them for criminal prosecution. This office will also use the vehicle of permissive 5 year sanctions to remove ambulance companies from program participation, that knowingly.and willfully violate the anti- kickback statute, after being informed that these arrangements violate the statute. '" If you have any questions or comments concerning the content-of this letter you may contact the undersigned by writing to him at HHS, OIG, OI, P.O. Box 8767, Government Center Station, Boston, Massachusetts 02114, or by calling (617) 565-2660. You may also call Samuel C. Fish, Chief Counsel, Region I, U.S.'Department .of Health and Human Services at (617) 565-2370. Sincerely yours, Horace- E. Ervin Regional Inspector General'. for Investigations ..:: January 30, 1995 MEMO TO: FROM: City of Woodburn Mayor and City Council Members Randy Garner, EMT-P President Woodburn Ambulance Service, Inc. City Ambulance Franchise Renewal The purpose of this memo is to provide our input on the issue of whether or not the City of Woodburn shoUld continue to be involved in ambulance franchising. Considering all of the issues raised by both sides to date, it is our opinion that for the City to continue in such a role serves little or no purpose. These functions are now being carried out at the County level, with aggressive over sight from the State of Oregon. In all Oregon cities, except for Woodburn and Mount Angel, this level of oversight is deemed adequate. Were the City to want to continue franchising, our fair question would then be: What is it about the operation of Woodburn Ambulance Service that causes you to feel that more regulation than is being provided anywhere else in the state, is required? In all honesty, there is only one provision of the City franchise that concerns us. As you are aware, that is the franchise fee provision. All other aspects of the franchise are either already mandated at a higher level, or are not of significant consequence to our operation. Were it not for the franchise fee prqvision, although we are unaware of any specific benefit offered by the franchise, we would have no problems with it. In today's environment, the assessment of a franchise fee by the City of Woodburn has numerous problems. Some identifiable problems are: 1. The franchise fee (tax) is extremely regressive. Since over half of the patients transported by Woodburn Ambulance, fall into programs where ambulance allowables are in force and already exceeded, the entire burden for the franchise fee falls on the remaining half who pay not only their share, but the other half's share also. This group is composed largely of the un- insured and under insured who are forced to settle their ambulance bills out of pocket. A breakdown of our 1994 charge-offs and sample Medicare and Welfare benefit statements is attached, which illustrates this point. The franchise fee appears to only be 1%. But because of this paradox, the effective rate is 2. % for half of the patients, and 0 % for the other half. 2. To the extent that this fee elevates ambulance rates, it discourages people from using the service. As hard as it may be to believe, many people avoid calling an ambulance, to avoid the bill. Hardest hit are those for whom even the $42 per year membership fee is a burden. A copy of a City Memorandum issued by Nancy Gritta during our last rate increase request is attached. Note the second page of the memo where she states, "In comparison to nearby cities, we find all proposed rates, with the exception of the proposed rate for Advanced Life Support comparable. This is the rate change which gives us pause .... "She goes on to justify our need to charge the higher rate, but she is correct. As ambulance rates go up, public fear of calling follows. The Advanced Life Support rate is the one most often charged by our service. 3. Because of recent changes in Medicare, a future rate increase maybe in the offing. A profile of new Medicare guidelines, effective January 1st, is attached. Previously, Medicare had one category for Advanced Life Support Base Rate. Now there are four. They would not have done this unless they were intending to decrease ambulance expenditures. They also changed their definition for what qualifies as an "emergency". Every ambulance company in the state is bracing for this recent occurrence. As we have yet to see any 1995 claims come through, the effect of this change can not yet be appreciated. Certainly, eliminating the franchise fee would help to offset any effect this change may have. 4. This fee does nothing to contribute to, our improve the quality of ambulance service in the community. As a private business, we already pay property taxes (both real and personal) and gasoline taxes. 5. Since the County may end up putting on staff to deal with the County Ambulance Service Area Plan, they are likely to assess a fee to recover their actual overhead. This will also have an effect on ambulance rates. Such a fee would be warranted, but in combination with a City fee could have a dramatic effect on rates. 6. Unlike a Utilities franchise tax, an ambulance franchise tax cannot be fairly distributed to all users. As stated in item number one, it falls to a minority group. Utilities can discontinue service to accounts that do not pay. We cannot. Insurance issues do not come into play. All Utility bills are Out-of-pocket. Because everyone faces discontinuation of service if they don't pay a utility bill, a far greater number of people pay their fair share, reducing the cost-shifting of unpaid fees to other users. 7. An ambulance franchise tax falls to sick people. Every Sales Tax proposal we've seen eliminates this class of taxation. 8. The argument that an ambulance franchise tax appropriately falls to the users cannot be substantiated in this case. The moneys generated by this tax do not go toward the operation or betterment of the system they are using. They are simply a tax, that goes to the city's general fund. A small group of sick people are taxed, to the benefit of everyone in the city. This is extremely regressive. 9. High ambulance rates, no matter what the cause, weaken our position when the time comes to reapply with the county, for the right to serve this area. There is no question that we will be faced with a challenge by a Portland company. They will offer reduced overhead through the use of personnel paid at lower rates (with higher turnover), elimination of the use of NORCOM for ambulance dispatch (they have their own dispatch centers), and elimination of our degree of local oversight of the system. All of these arguments aside, the City has a long way to go to assure that this franchise fee is not in violation of the Medicare Anti-Kickback statute. Until such a Federal ruling on the franchise is issued, assuring that we will not be sanctioned by the Federal Medicare Program, we believe that we are well within our rights not to remit the accrued fee. Since the franchise agreement is a document generated by the City, we believe that it is the City's responsibility to insure that entering into that agreement will not cause us to break any laws. The City's opinion in this regard is not enough assurance for us. The consequences of such a violation are far too substantial to accept anything less than assurance from the sanctioning agency. Aside from the fines and legal fees that may be incurred, the damage to our excellent reputation by being sanctioned by Medicare, is at stake. We have worked too hard to build our reputation to allow this to happen. I hope that the City would recognized that this issue will be followed closely be the newspapers. Whatever negative publicity it generates, undermines the public's confidence in both of our institutions. I believe that it is in the best interest of the community, that this issue be resolved quickly. "A Friend For Life" Woodbu mbulanee Service, Inc. Health Care Supplies, Inc. P.O. Box 584 1040 N. Boones Ferry Road Woodburn, Oregon 97071 State of Oregon Ambulance Service Regulation Overview: Beginning July 1, 1994 the Oregon Health Division has been charged with a much broader scope of regulation over ambulance services than any time previous. The following chart references areas of regulation which provide equal or more stringent compliance requirements than the current City of Woodbum franchise agreement. References made to Oregon Administrative Rule under Statutory Authority of Oregon Revised Statutes Chapter 823 Franchise Section 7 11 12 13 14 15 16 17 18 19 24 Topic Legal Compliance Ambulance Equipment Radio Communication Level of Care Financial Responsibility Business Hours Record Keeping Sanitary Concerns Altemate Services Transfer of Service Inspections ORS/OAR Reference 333-550-020(2)(c) 333-550-040(3)(e) 333-560-000 through 090 333-550-040(5)(a-f) 333-550-040(1)(e) 333-050-020(2)(e) 333-550-040(5)(b) 333-550-100(5) (b-c) 333-550-040(4)(b) 333-550-040(1)(a) 333-550-040(8) 333-570-060(2) 333-550-080(1-5) 333-550-060(1 ) (503) 981-9598 / FAX (503) 982-4823 Salem (503) 362-2552 / Mt. Angel (503) 845-9626 / Silverton (503) 873-4580 'I)I$CUUIq'I'S 14 MEMBERSHIP DISCOUNT DISCOUNTS TOTALS GOV REDUCTIONS 13 MEDICAID REDUCTION 15 MEDICARE/MEDICAID REDUCT. 21 ORE HEALTH PLAN WRITEOFF 22 MEDICARE REDUCTION 32 MVAF WRITE OFF GOV REDUCTIONS TOTALS 519 100.0 519~' 142 32.1 164 37.0 12 2.7 41 9.3 84 19.0 443~' ALL UOMPANIES 1/30/95 CREDIT TYPE REPORT 1/ 1/94 TO 1/31/95 CODE DESCRIPTION .......... CREDITS.BY_..CREDIT .TYPE 4 WRITE OFF'S 16 INTEREST WRITE OFF 17 FINANCIAL HARDSHIP W/O 19 WRITE OFF PER MANAGEMENT 20 SMALL BALANCE WRITE OFF 4 WRITE OFF'S TOTALS 5 COLLECTION-WOOD 28 SENT TO COLLECTIONS-WDBN 5 COLLECTION-WOOD TOTAES 6 COLLECTION-M/A 29 SENT TO COLLECTION-MT ANG 6 COLLECTION-M/A TOTALS 7 COLLECTION-SILV 30 SENT TO COLLECTION-SILV 7 COLLECTION-SILV TOTALS 8 PD ACCT TRANS 90 PAID ON ACCOUNT - PD 91 INSURANCE PAYMENT - PD 8 PD ACCT TRANS TOTALS 83355.96 83355.96 100.0 85653.43 42500.68 6416.95. 6338.64 43653.12 184562.82 46.4 23.0 3.5 3.4 23.7 1:24 pm COUNT COUNT~ DOLLARS DOLLAR~ 627 95.0 6:~' 0.9 18.~-~.' 2.7 9;~ 1.4 660 132 100.0 132':~ 35 100.0 29 100.0 29:-~'- 25 96.2 i 3.8 26~~' 8533.54 2218.06 2788.85 185.85 13726.30 62.2 16.2 20.3 1.4 83522.76 83522.76 100.0 18736.30 18736.30 100.0 14127.03 14127.03 100.0 1423.22 731.00 2154.22 66.1 33.9 MEDICARE PAYMENT REPORT FOR ItEALTIt INSURANCE . SOCIAL SECURITY ACT Provider Number Check Number Statement Date O000RGBJD 220577818 01/2q/95 OR-L-RP-OOI71C Page 1 AETNA LIFE INSURANCE CO. MEDICARE CLAIltS ADMIN POST OFFICE BOX 1997 PORTLAND Ihl,,h,,llh,,I,,,I,,,llll,,,,I,hl,,I,,I,,ll,,I,,i,,ih,,ll OR 97207 * OR FOR SERVICES RENDERED BY: WOODBURN AHBULANCE SERVICE I WOODBURN AMBULANCE SERVICE PO BOX 58q %'IOODBURN OR 97071-0584 r ~ HIC ~$5017297D HDD-I1MDDY PT PROC ItODS NUM BILLED ALLOWED 225 1225q qlI AO220tlll 001 596.00 225 l~2Sq qlI A0221 002 16.00 6.7~ ICN $2q36qO151600 ACT qOq985 EOB 5BE6 OFFSET 0.00 AC DEDUCT COINSUR INTEREST OTHER PT PAID PROV PD PROVIDER R3 0.00 96.68 0.00 0.00 0.00 586.71 OOOORGBJD PD O.O0 1.35 O,O0 0.00 0.00 5,59 O000RGBJD 392.10 CLAIM TOTALS 612.00 q90.13 0.00 98.03 0.00 O.O0 0.00 UAII~Es IIAVE BEEN HADE TO TIIIS NOTICE SO THAT THE REPRESENTATIVE PAYEE'S HAllE AHD ADDRESS IS SHOWN. ERV1CES RENUERED BY) 15 FOLLOWED BY TIlE HAHE OF TIlE PROVIDER RENDERING THE SERVICES ON THE NOTICE. :: PD liEDICARE PAYNENT IS BASED ON PATIENT HILEAGE ONLY. :: RS THE APPROVED AMOUNT IS BASED ON THE CUSTOMARY CHARGE. lB: 5B IB: E6 B: 91 THE STATEHENT (FOR lll[S IlIFORIIATION IS BEING SENT TO HEDICAIO. THEY WILL REVIEW IT TO SEE IF ADDITIONAL BENEFITS CAN BE PAID. 1lIE HEDICARE NUMBER SHOWN ON THE CLAIM WAS INCORRECT OR HISSING. PLEASE USE THE HEDICARE NUMBER SIIO$~N 014 I'IITS FIOTICE ON FUTURE CLAINS, ATTENrIoII V.I.P.S. (VERY IMPORTANT PIIYSICIAN): EgN VISIT CODE TRAINING IS ~EZHG SCHEDULED IN YOUR AREA SOON. HE RESPECTFULLY REQUEST ALL PIIYSIcIAIlS ATTEND THESE SEMINARS. A SOON TO BE RELEASED ~ESM NE#SLETTER' HILL LIST TIlE DATES AND LOCATIONS FOR THE SENINARS. ADDITIONAL SENINARS HAY ALSO BE SCItEDULED THROUGH YOUR HEDICAL ASSOCIATION. TIlE PATTENT IS YOUR BEST SOURCE FOR ELIGIBILITY INFORHATIOi~I. THE PRIVACY ACT DOES NOT PER/lIT US TO RELEASE THIS INFORMATION OVER TilE PIIOtJE. Total Total Offset Or ; Submitted Allowed Total Total Amount Paid Total Paid Charges Charges Deductible Coinsurance Previously To Patient ')ER 612. O0 q90.13 O. O0 98.03 O. O0 0.00 Total Paid To Provider 392.10 II II :~ II '~ II (~ II O II H II II "'g II II H II II ITl II II Z II ~;1 II -'J II II II Z II II ~:~ II II ~ II ;::0 II I'1'1 II JTJ II ~ II 0 II Z II h,I II C~ II ~ II ~ II II I~1 II I.-I II Ill II J:::J II ~ II ~ II ,- II II C:I II II II II :J~ 'ri II II C::} II "o II 0 "TI II · ~ II l::::l II --.J II I~ i--i II h.i II C:: II I"rl II ~:~ 0 II '"""J II I'll II II :)~ II II '"~ II II ~ II II C:: O II II I-- II II ,~, "ti II ~ II Z ~ II ~ II ~ . II O II ITl :~ II II ~J: II I-- I-- r" I-- I-- r'- 1:7 II (/i "1) II :1~,i--~1~ ~:,oo ~,~...~ ~-~ :1:~ ~-~,~ ~,~-,~1.-~ ~,~..~ ~.~ ~ tl Itl ;l:~ttl It i-i i.~ i.~ i-i o,~ ~ ~"1 N N I-Ioo I-Ioo ~to~ "-I '--I II ~7 C:J II "~"1---, i-.~ ZNN ",r O O "~OO ~'1.~1,,~ "~'NN '"'r"rll II ~ "1'11~ II Oo ~4~ ~1:~ C00~ I,,-I IJ1 ~l:h 000~ :~L/I II I1'1 II · "1 --J '-I --t --I -'1 II O H O II N I'-,~ NI~ NI,~ NI,~ NI,~ NI.,~ ;~ II ~ Ill II (-~ II N M II lin ,,.-I C,~ II II -'~ II II ~ (/J II ~ II ~ II II~ I-~ ¢.,.,J ~ N N --I II ('"J ~ II II ~ II II ~ II II ~ 1..j II II ( II ...... , o . . o 01-' II --J I'tl.~_ II · * .... C~ I-' II I'rl II II o * rrl II II i~ II :l~ --I II ~ II "o ~ II ~-~ II "0 I-- II ~ '~1 II i-- II & 11 .......... i--i O II ~ :~o II ........ ITl :~ II ~ II II ~ II II II II ;~7 II ~' '0 II II O~ ~J (~1 ,1~, I--~ C~I N ,~ (,~1 C~ N f,.~l ~:~ II "~ II · ' ~ ~-- ITl II II OOO OOO OOO NNo C~ C:~ o NN --I ~'m' II ~ II II II II II II II · ~ ITl II ~ "O II ~O C~ II Itl :1~ ,, II ~ II .... II :i~ II II [~1 II c~ ,4:) It ~ II N 'q II I/I II I--, I~ C~ II II N '~4 II · II i-~ ~.~ II · II ,~ I1 II C) II II CO II II II II II EXHIBIT "B" Page 1 of 2 MEMO TO: FROM: RE: DATE: MAYOR AND CITY COUNCIL NANCY GRI'i-rA, FINANCE DIRECTOR WOODBURN AMBULANCE - PROPOSED RATE INCREASES FEBRUARY 10, 1993 After careful consideration including: discussions with the President of the company, and other emergency service experts, an analysis of the company's financial statements as compared to like companies of the same size, it is our opinion that the following factors are important in the consideration of whether rate revisions are merited for Woodburn Ambulance. The costs of doing business in Woodburn are probably higher for the company than for many ambulance companies of the same size. Without a local hospital the turn-around time for an ambulance and its staff is longer than average. This means the company must have more than one ambulance ready and available at a given time and it also means that revenue per ambulance hour is less. The Company has partially made up for this by running another business at the same Iocation--Woodburn Health Care Supplies, Inc. The industry in ~hich Woodburn Ambulance works requires high investments in fixed assets including ambulances and suitable lodging for employees on night duty. Since the company must respond within a short period of time there is virtually no way certain costs can be cut. This results in high fixed costs and a high break even point. This means considerably more revenue is needed to reach the point where these costs are covered and the company can be.qin to make a profit. We calculate an operating profit of about six percent of sales for the company if the proposed rates are adopted and the level of demand and costs remain the same and if the City of Mount Angel which is part of this company approves the proposed rate increases there. This rate of profit is at the industry average for like firms of the same size. (Within three years when debt payments decrease profits should increase.) Officers of the company are also owners. They receive salaries, which means they are able to benefit as paid employees as well as by virtue of EXHIBIT "B" Page 2 of 2 their company ownership. However, since they also work as emergency personnel they are in effect filling two positions--as management and as staff. Rates charged by other cities vary enormously, This seems to be to a large extent determined by whether the company is a non-profit or for profit firm. Woodburn Ambulance is a for profit firm. The wide span of rates makes it possible to always find a city where rates are higher or lower. In comparis6n to nearby cities, we find all proposed rates with the exception Of the proposed rate for Advanced life Support comparable. This is the rate change which gives us pause. It is above Marion County's rate, $545 (although for the County, this rate is not all inclusive) and it is considerable more than what Woodburn Ambulance is proposing for Mt. Angel ($488). However, there is a good case for the argument that costs are hiqher in Woodburn. Mt. Angel has a hospital within six miles. The company migh~ argue that people at high risk for need of an ambulance can avoid high costs by enrolling in the company's $40 a year membership which is a type of "ambulance insurance." This ro osed rate is robabl tolerable if we had a reasonable assurance that the com an could not foresee raisin the rate a ain in the near future. The public clearly has an interest in assuring rates are reasonably high enough to both provide an acceptable return on investment for the company and assure that the company can provide high quality service. The company has an excellent reputation among those providing emergency services in the area. Many believe it would be difficult to replace this company with like service for the same rate. HCPCS CODES Ail existing ambulance HCPCS codes for ambulance services, except A0999, will be deleted, effective 1/1/95, and replaced with the following: Method 1 A0300 BLS, non-emergency transport, includes mileage and supplies. A0302 A0304 BLS, emergency transport, includes mileage and supplies. ALS, non-emergency transport, no specialized ALs services rendered, includes mileage and supplies. A0306 ALS, non-emergency transport, specialized ALS services rendered, includes mileage and supplies. A0308 ALS, emergency transport, no specialized ALS services rendered, includes mileage and supplies. A0310 ALS, emergency transport, specialized ALS services rendered, includes mileage and supplies. Method 2 A0320 BLS, non-emergency transport, supplies included, mileage separately billed. A0322 BLS, emergency transport, supplies included, mileage separately billed. A0324 A0326 A0328 A0330 Method 3 A0340 ALS, non-emergency transport, no specialized ALS services rendered, supplies included, mileage separately billed. ALS, non-emergency transport, specialized ALS services rendered, supplies included, mileage separately billed. ALS, emergency transport, no specialized ALS services .~$ rendered, supplies included, mileage separately billed. ~( ALS, emergency transport, specialized ALS services rendered, supplies included, mileage separately billed. BLS, non-emergency transport, mileage included, disposable supplies separately billed. A0342 BLS, emergency transport, mileage included, disposable supplies separately billed. A0344 ALS, non-emergency transport, no specialized ALS services rendered, mileage included, disposable supplies separately billed. DEPARTMENT OF HEALTH & HUMAN SERVICES OFFICE OF THE GENERAL COUNSEL September 21, 1992 Randy C. Garner Woodburn Ambulance & Health Care Supplies 1040 N. Boones Ferry Road P.O. Box 584 Woodburn, Oregon 97071 CHIEF COUNSEL - REG. 1 2250 JFK FED. BLDG. BOSTON, MA 02203 (617) 505-2370 FAX (617} 565.4447 Dear Mr. Garner: This is to respond {o your letter of September 10, 1992, in which you requested me to review your company's "franchise fee arrangement,, with the city of Woodburn, Oregon, and to confirm the view expressed by the City Administrator of Woodburn that nothing in this arrangement "could even be remotely described as a kickback". I regret to state that I am unable to confirm the City Administrator,s opinion. As you may know, the Medicare/Medicaid anti-kickback statute, 42 U.S.C. §1320a-7b(b), is primarily a criminal statute, and the Department of Justice is vested with the exclusive authority to enforce all criminal laws of the United States. Because only the Department of Justice can decide whether to initiate a prosecution under §1320a-7b(b), no employee of the Department of Health and Human Services has the authority to advise a Medicare/Medicaid provider that a particular business arrangement does not constitute an illegal kickback. Moreover, even if I had the authority to issue advisory opinions under §1320a-7b(b), I could not give you the assurances you are seeking. The agreement enclosed with your letter requires your company to pay the city of Woodburn a "franchise fee" of~,,one percent (1.0%) of the gross receipts.collected each year by [your company] for patients picked up within the corporate limits of the City of Woodburn". If it could be established that this fee was intended to induce the city to refer Medicare/Medicaid patients to your company for ambulance services, a prosecution would be possible under the statute. Moreover, the City Administrator,s observation that the statute only applies when monetary payments are made "at the start of the arrangement" or on a "per call basis" is incorrect. If payments are made to induce referrals of Medicare/Medicaid patients, it would be immaterial whether those payments are made at the start of the arrangement or at some later point, or on a per call basis versus a percentage of gross receipts. It would also be immaterial that your company's arrangement with the city is "well founded under the Oregon laws governing cities and their right to enter into franchise agreements',. Section 1320a-7b(b) is a Federal statute and, thus, would supersede any contrary provision of State or local law. If you have any additional questions, please feel free to call me at the above number. Sincerely, Clifford Pierce Assistant Regional Counsel Horace E. Ervin · DEPARTMENT OF HEALTH & HUMAN SEItVICF. S FEB 2 5 1992 the Gene~ Co~m~l WeehMetm. D.C 2O201 Mr. Allen R. Betray Depu=¥ Counsel Office of County Counsel 2222 N Street Merced, California 95340 Dear Hr. Betray: This is in response to your le~tar of January 10, 1992, to ~/le Office of the. Gen~ral Counsel rmgarding ~he appro- priateness of con~a~cs 'betWeen ~he Co~t~-of M~=ed and a~u~ance.~an~s f?r.~e_~s~on of ~en~ medics1 nervxces (~). You xn~Xcaced ~at, p~s~C conCrac=s, ~u~an=e areas**.,- i.e., ~ey ~or ~s rigA~, ~e a~ulanca c~p~ies ~e r~ired to pay an e~ua~ fee ~o ~e CounCy. As.y~u are awu~, we. are precluded from offering any advisory ~}n}?ns r?g.er?xng, wne~h?V .an.~ p=iculer arrangement or p acc~ce vxoxaces nme ancx-A~ckback s~a~ute. However, we hope the following general commen~s will be helpful. These comments supplement ~nd clarify the earlier e~a~emen=s on ~his issue by 1:he Of£~ce of Inmpec'cor General. The Medicare and Medicaid anti-k/ckback statute, 42 U.$.C. $ 1320a-Tb(b), wfiich you reference in your letter, makes it a felony for a person or entity ~oknowingly and willfully offer, pay, solicit, or receive remuneration wi~h the .t.,'11:en~ to induce or in return for the referral of Medicare end MediCaid progrMn business. Ap eries or entity is also ;u~ec= to exclusion from partic~pation in the Mad/care and ea~caid programs for & knowing and willful violation of the anti-kickback statute. 42 U.S.C. S 1320a-7(b)(7). Ye? ~tate in you~. le~=e~ that ~.he annual fee required of . am?~Aagca, conpanx~a xs calculated according ~o the number 6f ~ac~enc~ ~_anspor~ed...- Am indicated above, if remuneration xs ~nov~ngAy and willfully offered or made either in return for or with the intent to induce the referral of benefi- ciaries for the provision of an item or service reimbursed in whole or in par~ by Medicare or Medicaid, the anti-kickba=Jc statute would be implicated. See United States v. Graber, 760 F.td 68 (3d Cir. 1985}; United States v. Bay St~o Ambulance and.HosDi~al Rental s~rVlce. Inc., 874 F.2d 20 (1st Cir. 1989). You also state that fees the county receives from ambulance companies "are used ... to defray its cos~ of Page 2 - Hr. Allen R. Berrey ,.~-,~ ~ thaC ~C can be demonsCrated +~-+ ,~, ~ ....... ~u r~_? ~.~ .... Y _ ounty from ambulance companies .,- ~spac~g ~ances, end (2) ~e ~o~ta are nsc ~C~d~ ~o pay r~uneration for ~e o~ He~c~e and business, ~he anti-kic~back s~a2uts would not.appear.~o be rev~winq ~he County,s pra~c~ces, you ma~ w~sh to refer o~g?_~dance, C~..~he ~par~unen~E~ re~n~ly ismu~ "safe ~r r~_ac~ona ~at des~L~ ~ness re].a~ionmhipa · ~i hoc ~ ue s~]ecc of ~h~al or civil proie~Cion. Fed. R~. 35,952 (July 29, ~991). ~ese ro~lations ~mm~iZ8 from prose~Cion ce~in t es o " - ~ f ref~al ~ces. 42 C.F.R. S 1001.952(f). ~le ~e ~angement · v~a aa=u n~r, you Ray w~sh to consider ~e pre--lc d~s~sion which d~m~mmes ~e Dep~en~ts ra=~onale ~ pr~lgat~ng ~is p~v~s~on. ~s pr~ision protects fee ~~2s ~a~ aro.rela~ed only ~o ~e cos~ of operating ~e tefra1 m~ice ' provision ~l~ci~ly does not D~te~ fees ~ ~: v 56 Fed. Reg. 35976. ~:,~.gret_~Aat vi can~.ot respond to your concerns in more h~; ,~oy~y.e~._~_ye n?pe that the &hove ~nforn~ion is ~p~u~ ~ eva~uac~nq ~e ~ra~~6- ~a= o~ ~~=y~ Fespond ~n f~~data~l should Sincerely yours, D. M¢Car~y Thornton Inspector ~eneral D~vision