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Agenda - 02/27/1995 CITY OF WOODBURN/~ ~ 270 MONTGOMERY STREET °**° WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL February 27, 1995 - 7:00 P.M. m A. Council minutes: February 13 regular and executive meetings and February 15, 1995 workshop meeting. B. Planning Commission minutes of February 9, 1995. APPOINTMENTS: ~ 3A ANNOUNCEMENTS: February 28, 1995 - 7:00 p.m. - Wastewater Advisory Committee, City Hall. February 28, 1995 - 7:00 p.m. - Cable TV Advisory Board, Woodburn Library. March 2, 1995 - Noon - Transportation Task Force, City Hall. March 2, 1995 -',~-~P'm'.- Council Goal ~etting workshop. - [:~£ ",',~-~.L~.: . - !. ~ b ~'~. ~, ¢. ,.- - '~ ¢ ¢:~.~,%, ~ Pr ~. PROCLAMATIONS A. Chamber of Commerce B. Other Committees A. Letter from Engle & Schmidtman, Attorneys at Law. pub to i~'~''ntro~ciuc'-~'e items for Council consideration not already scheduled on the agenda.) ~B~~N~S~"'""'"Y' '~" ~ '";~"'::: ....... ~' "'' A. Dangerous Building located at 182 Young Street (Rugged Manufacturing) B. Liquor License Renewal Recommendation: La Linda'~.lnc. C. Zone Map Amendment 9~02 and Site Plan Review 9~14 for Miles Chevrolet. (Packet of materials provided separately) ~A Page I - Council Agenda, February 27, 1995. Ae Council Bill No. 1610 - Ordinance annexing 22 acres (located north of Woodburn Junior High) into City, amending the Woodburn Zoning Map and approving preliminary subdivision plat (Henry Farms). ~ Council Bill No. 1611 - Resolution calling for,a public hearing on the annexation of 19.6 acres of property Ioc'ated in the southwest quadrant of the Interstate 5 Interchange. C. Transfer of liquor license: Pub 99. D. Council action regarding the Salud Clinic dangerous building. IOA lOB 10C 1OD 12. ~':~E~ 14. 15. ~~'E.."~.~1~ A, Citywide Cleanup Day. B, Bill Creek li~ station pump update, C, St. Patrick's Day Parade, 16. ~~~i~~ I§B 1§C 17. Page 2 - Council Agenda, February 27, 1995. 3A TAPE READING 0001 0015 0018 0033 0043 0059 COUNCIL MEETING MINUTES February 13, 1995 DATE. COUNCIL CHAMBERBv CITY HALLv CITY OF NOODBURN~ COUNTY OF MARION~ BTATE OF OREGON~ FEBRUARY 13~ 1995. CONVENED. The Council met in regular session ak 7:00~.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Manager Rohman, Community Development Director Goeckritz, Police Lt. Eubank,.Park Director Holly, Library Director Sprauer, City Recorder Tennant MINUTE~ JENNINGS/FIGLEY .... approve the Council workshop minutes of January 17 and 30, 1995 and the regular Council meeting minutes of January 23, 1995; accept the Planning Commission minutes of January 26, 1995 and accept the Library Board minutes of January 25, 1995. The motion passed unanimously. Administrator Childs requested the addition of Staff Report item 15(J) to the agenda for the purpose of updating the Council on the Mill Creek Pumping Station. APPOINTMENT - CABLE TV ADVI~ORY BOARD. Mayor Kirksey appointed Phyllis McKean to the Cable TV Advisory Board with her term expiring December 31, 1995. JENNINGS/SIFUENTEZ .... approve the appointment of Phyllis McKean to the Cable TV Advisory Board. On roll call vote, the motion passed unanimously. Ah'NOUNCEMENTS. (1) Upcoming Public Hearings before the Council -- February 27, 1995 - 7:00 p.m. - City Hall Council Chambers: (a) Miles Chevrolet Zone Map amendment & Site Plan Approval (b) Dangerous Building - 182 Young Street (Rugged Mfg. ) (c) Liquor License Renewal for 1995: L~ Linda's Page i - Council Meeting Minutes, February 13, 1995 3A COUNCIL MEETING MINUTES February 13, 1995 TAPE READING to review the Planning Commission's record on this petition which ultimately provided for approval of the application, with conditions, for annexation, zone map amendment to Single Family Residential, and preliminary subdivision. Therproposed development is located just north of Lincoln Elementary School with the current city limits contiguous on three sides. The property lies within the Urban Growth BoUndary and is currently zoned Marion County Urba~ Transition Farm. He stated that the developers are proposing a 70' right-of-way at the entrance (city requirement of 60') which will provide for a median planting strip. They will also be installing a brick wall along Boones Ferry Road to enhance the entrance into the subdivision. The developers will be required to sign a non- remonstrance agreement in regards to any future improvements to N. Boones Ferry Road. He noted that the developers of Tukwila were also required to sign the non-remonstrance agreement. The lot sizes within the subdivision range between 7,500 sq. ft. up to 10,000 sq. ft. and it is staff's understanding that the stick-built homes will range from $120,000 to $170,000 in value.. The subdivision map, as provided for in the original staff report, will be revised to accommodate conditions imposed by the Planning Commission and a 60' right-of-way will be dedicated for a future roadway to the north for the purpose of connecting to Country Club Road. He stated that the Homeowners Association would be required to maintain the landscaping in addition to any other common areas. A walkway will be installed between the school and the subdivision to eliminate the need for students to walk on N. Boones Ferry Rd.. The developers are currently working on an agreement with the School District to address this issue. The final issue to be addressed by the Planning Commission will be the installation of a fence along the west boundary of the property. The Commission had discussed this issue previously, however, there was not a quorum of members present to make a decision. Of those individuals present, the consensus was to require a cedar fence with a lattice top. During a brief discussion on maintenance of the fence, Mayor Kirksey stated that she felt it was the Homeowner's Association obligation to maintain the fence just as they will be maintaining other aesthetic items within the subdivision. Helen Buzenberg, Student Intern from University of Oregon, questioned if site-built homes could be required versus manufactured housing. Director Goeckritz stated that the City cannot discriminate in the type of housing, however, he has been told by the developer that the homes would be stick-~uilt. 0908 Dave Trapp, applicant and representative of Cipole Group, Inc., stated that the developer wants a first-class subdivision which would provide a one-entrance subdivision Page 3 - Council Meeting Minutes, February 13, 1995 3A TAPE READING 1256 1300 1358 COUNCIL HEETIN~ ~INUTES February 13, 1995 mainly for security. In regards to the right-of-way to the north, the developers requested that there be a specific time period involved in which the City could then de~ide if a road was to be built to Country Club Road. If the City decides not to extend the roadway, then the lot would be vacated back to the developer. The main issue to be addressed at this time is the fence. There currently exists a chain link fence along the school property which would abut the south side of this development and a brick wall will be built on the east side. The developers would prefer a chain link fence on the west side since it would, probably last forever. The property has good drainage for storm water and the ditch along the school property curves into the subdivision. He will be discussing this issue with the School District. In regards to-the maintenance of the ditch, he stated that the developers had assumed that each property owner would be responsible for the fence on their property and the Association would enforce the repairs. This type of arrangement has worked in other subdivisions. Mayor Kirksey expressed her opinion that the Association should be responsible for the maintenance of the fence to insure that the property owners in Senior Estates abutting this subdivision do not have to.deal directly with the property owners within the subdivision. It was also noted that the subdivision would be enclosed on al-1 four sides for security purposes. Bob Engle, attorney representing the applicant, stated that he had originally been retained to acquire property to the north for future roadway purposes, however, that is no longer required. A lot will be kept open within the subdivision in the event a roadway is extended to Country Club Road~ He is also preparing the CC&R's and Homeowner's Association documents and he will be addressing the maintenance of the fence issue within the document which will go before the Planning Commission for review and acceptance. Dennis Miller, 1010 Randolph Rd.,-stated that he had no business interest in this development but he did feel that the development would be an asset to.the community. Rumors within Senior Estates have been spreading some of which indicated that there would be low-cost housing in that area. He expressed his relief in knowing that up-scale housing is .being proposed which would be good for the Senior Estates properties abutting the development and for the City. Grant Williams, 1321 Astor Ct., stated that he was a proponent for the development and his involvement with this issue relates to the fence. He felt that a chain link fence may be the best alternative provided that the slats in-between the links need to be replaced periodically. The Planning Commission did not have sufficient members present at the last Page 4 - Council Meeting Minutes, February 13, 1995 TAPE READING 1413 1583 1610 1783 COUNCIL MEETING MINUTES February 13, 1995 meeting to decide as to the type of fence which will be required. No one in the audience spoke in opposition to the proposed development. . _ _. Mayor Kirksey declared the hearing closed at 7:58 p.m.. The Council discussed the need to have enforceable Homeowner's Association rules which clearly state that the fence must be maintained by the Homeowner's Association so that the neighbors in the Senior Estates area and those within the subdivision do not have to deal with this issue in the years to come. The Mayor and Council also expressed individual opinions regarding the type of fence with 4 members in favor of the cedar fence and 3 members for the chain link fence. It was noted that the Planning Commission and neighbor~ within Senior Estates will need to come back.with a agreed upon fence type for Council review. JENNINGS/PUGH .... approve, with conditions, the applicants request and instruct staff to prepare an ordinance-with findings to substantiate the approval. On roll call vote, the motion passed unanimously. COUNCIL BILL 160~ - 0RD~N~NCE GRANTING AUTHORI~Y~ND ESTABLISHING PROCEDURES FOR INVENTORY SFJ~tCHEB ~ THE POLIC" DEPARTMENT, Council Bill 1605 was introduced by Councilor Hagenauer. The two readings of the bill were read by title only since there were no objections from the Council. City Attorney Shields stated that the proposed ordinance is basically a housekeeping item which will give City police officers the authority to conduct inventory searches of property found in the possession of an individual in custody and inventory property in an impounded vehicle. A recent Court of Appeals ruling indicates that legislative authority is necessary before these searches are made and passage of this proposed ordinance will meet the requirements of the State v. Custer case. On roll call vote for final passage, Council Bill 1605 passed unanimously. Mayor Kirksey declared the bill duly passed with the emergency clause. COUNCIL BILL 1606 - ORDIITANCE ACCEPTING A LEAGUE OF OREG@U Ci~iES BEn.FIT8 SERVICES TRUST GI:Mid~ FOR A SMOKING CEBSATIO~ PROGRAM. Council Bill 1606 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only since there were no objections from-the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1606 duly passed with the emergency clause. 3A Page 5 - Council Meeting Minutes, February 13, 1995 COUNCIL 'MEETING MINUTES February 13, 1995 TAPE READING 1853 COUNCIL BILL 1607 - RESOLUTION ENTERING INTO CHARLOTTE JONES. MOTIVATION CONSULTANT. TO PROVIDE ~DUCATION~?, TI~tI~iNG AND SUPPORT FOR SMOKING PARTICIPANTS Councilor Hagenauer introduced Council:Bill 1607. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1607 passed unanimously.. Mayor Ki~ksey declared the bill duly passed. 1890 COUNCIL BILL 1608 - RESOLUTION AUTHORIZING AGRE_~__.~NT WITW STATE GENERAL SERVICES DEPARTM_~9~T_ FOR PUR¢~q~ING. Council Bill 1608 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1608 duly passed. 1913 COUNCIL BILL ~609 - aES0LUTION AGREEMENT FOR COLLISION RECONSTRUCTION AND SC~E HOMICIDE TE~W SERVICES Councilor Hagenauer introduced Council Bill 1609. The'bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1609 duly passed. 1940 REVISED CALLS FOR SERVICE PRIORITY LIST RE~ DIFFER~NT~?, POLICE RESPONSE {DPR)~ Chief Wright's memo provided background information on the DPR Program which has been in place since October 1992. - The original list provided for 4 categories of calls and the recently revised list, as developed by the same committee members, expands the list to 6 categories to allow a clearer understanding of call priorities and to still allow flexibility based upon the circumstances. JENNINGS/FIGLEY .... authorize the implementation of the revised Calls for Service Priority List dated January 18, 1995. The motion passed unanimously. Councilor Jennings thanked Lt. Eubank for work he has done on this program. ~980 OREGON LIOUOR LICENSE RENEWALS FOR 1995. Police Chief Wright recommended the renewal of the following liquor licenses for 1995: AM-pM Mini Mart, Bi-Mart, Crossroads Deli, Gary's Market, Lind's M~rket, Lind's Plaza Market, OLCC Agency Store $60, Piper's Jewelry, Roth's IGA, Safeway, Salvadore's Bakery, Shop-n-Kart, 7-11 Store, Westview Texaco, Woodburn Chevron, Young Street Market, Payless, Eagle's Lodge, Woodburn Elks, Abby's Pizza Inn, Izzy's Pizza, Page 6 - Council Meeting Minutes~ February 13, 1995 3A 3A COUNCIL MEETING MINUTES February 13, 1995 TAPE READING The Raven Inn, Senior Estates Country Club, Woodburn Lanes, Pizza Hut, La Unica, E1 Nopal, Playa de Oro, Chung Sing Restaurant, The Pier, Yum Wah Chinese Restaurant, and Chu's Eatery Chief Wright stated that The Raven Inn, La Unica, E1 Nopal, and Playa de Oro currently have compliance plans that are attached to the license, thereforez/ annual approval of the compliance plans are not necessary. He also recommended the denial of the 1995 renewal for La Linda's, 293 N. Front, and suggested that a public hearing on this denial be scheduled for the next regular Council meeting. JENNINGS/FIGLEY .... approve the liquor license renewals for 1995 as recommended by staff. The motion passed unanimously. JENNINGS/FIGLEY .... set a public hearing date of Monday, February 27, 1995, 7:00 p.m., on the 1995 liquor license renewal request submitted by La.Linda's, Inc., 293 N. Front Street. The motion passed unanimously. 2090 2158 BID AWARD - HEAT RECOVERY BYSTEM (HVAC) FOR AOUATIC C~_.NTER, Bids for the HVAC System for the Aquatic Center were received from the following contractors: Industrial Aid System, $98,500, and Weller, Inc., $93,895. JENNINGS/FIGLEY .... accept the iow bid from weller, Inc. in the amount of $93,895. The motion passed unanimously. NORTH FRONT BTR~ET PARKING.. Staff recommended the installation of signs restricting the parking of vehicles on the unimproved public right-of-way along North Front Street near the Stonehedge Apartment complex. If approved, a specific sign such as "No Parking on Shoulder" will be installed to insure that citations-issued legally defensible. Stonehedge Apartments has instituted a parking permit system for their complex and the number of vehicles belonging to the tenants exceed the number of parking spaces which were required by city ordinance. Parking of vehicles in this area has damaged the grass and right-of-way in this area. JENNINGS/PUGH .... approve the installation of signs restricting parking on the unimproved right-of-way along North Front Street. The motion passed unanimously. Staff advised the Council that the signs would be a special order and they would be installed as soon as they are received. 2225 CLAIMS FOR THE MONTH OF JANUARy 1995. SIFUENTEZ/CHADWICK .... approve voucher checks ~25849 - 26167 for the month of January 1995. The motion passed unanimously. Page 7 - Council Meeting Minutes, February 13, 1995 3A TAPE READING 2278 ~329 COUNCIL MEETINg MINUTES February 13, 1995 SITE PLAN ACTIONS. (A) Site Plan Review #94-25 -- Washington Federal Savings: Community Development Director Goeckritz state~ that the Commission had approved the site plan with conditions~at their January 26th meeting. It was 'noted that the bank and medical building will share a common access onto Cascade Drive. No action was taken by the Council.~ held on Tuesday, March 14th, 7:00 p.m., at Woodburn City Hall. A supplemental budget hearing will also take place on that date to reallocate-funds primarily for the City Hall and Library HVAC systems and the installation of a lift station in the basement of City Hall. (C) North. Marion County Law Enforcement Consortium -- Chief Wright provided statistical information to the Council on the recent joint traffic enforcement of assigned streets within the City. The assigned areas were based on accident rates and citizen complaints of speeding vehicles in residential areas. It was noted that the highest number of citations were issued to motorists driving on Hardcastle St. and East Lincoln Street. The consortium is scheduled to participate in traffic enforcement in Aurora during the month of February and in Hubbard during the month of March. (D) "COPS FAST" Grant -- In November 1994, the Council authorized application for two more police officer positions under the federal crime bill. Tentative approval has been given to one position which will provide $75,000 in grant STAFF REPORTS~ (A) Status Report - February 8, 1995 Earthquake: Administrator Childs reported that there was no report of damage to city property or residential~commercial property within the City. Precautionary measures were taken following the earthquake which were consistent with the nearly completed Emergency Operations Plan. (B) Budget Meetings -- Administrator Childs stated that the first Budget Committee meeting for Fiscal Year 1995-96 will be funds over the next 3 years. Funding for this position, along with the two positions under the "COPS" grant, will be reflected in the 1995-96 budget. (E) League of Oregon Cities Elected Officials Workshop -- The workshop will be held on Saturday, March 14th in Salem. Councilors interested in attending are requested to contact Administrator Childs no later than Friday, March 3rd. (F) Young Street Railroad Crossing Repairs -- Major repairs to-the crossing was scheduled for February 14th, however, the weather has delayed the repair work. Th~ crossing will be closed while the repairs are being made and traffic detoured at Front St. and Doud St.. The rubberized crossing material will not be installed until a later date since the crew doing Page 8 - Council Meeting Minutes, February 13, 1995 3A COUNCIL MEETING MINUTES February' 13, 1995 TAPE READING this type'of installation work is not available at this time and it is unknown as to when the work will be completed. (G) Aquatic Center Construction Status Report ~- Park Director Holly stated that the work is progressing on-schedule and he is pleased with the progress to:date. (H) Building Activity Report for January 1995 (I) Code Enforcement - 1994 AnnuaL'Report (J) Mill Creek Lift Station Pump -- Public Works Manager Rohman advised the Council that the pump drive on one of the three pumps snapped on January 14th and damage occurred to the bearings and seal on the pump. Repairs were made, however, the pump is still not operating properly. Staff will continue to work on the pump and will be consulting with the pump manufacture to solve the problem. -- Tape 2 0001 Administrator Childs reminded the Council that he needed the "homework" for the Goal Setting Session no later than Wednesday, February 15th. 0044 Councilor Figley expressed her appreciation to the Police Department for the successful grant award in which federal funds are being returned to the local citizens for a useful purpose. She also expressed her delight in seeing the Transit Bus operating during the inclement weather. Councilor Sifuentez reminded the public that bricks for the new swimming pool will be sold until April 1st. 0087 0100 0105 Mayor Kirksey reminded the public of the #I LOVE WOODBURN" celebration which will be held on Tuesday, February a4th. EXECUTIVE SESSION, JENNINGS/SIFUENTEZ .... adjourn to executive session to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed under the authority of ORS 192.660(1)(h). The motion passed unanimously. (Councilor Sifuentez did not attend the executive session nor was she present after the meeting reconvened to participate in any Council discussion or action since she had previously declared a conflict of interest on the issue involving Salud Medical Building.) The meeting adjourned to executive session at 8:32 p.m. and reconvened .at 9:09 p.m.. D~NGEROUS BUILDING ISSUES~ (A) Old Bank Building, 199 N. Front Street -- JENNINGS/FIGLEY .... because of the activity going on inside the building, at 199 N. Front Street, we withhold any further Page 9 - Council Meeting Minutes, February 13, 1995 3A TAPE READING 0181 COUNCIL MEETING MINUTES February 13, 1995 proceedings on that matter until a future date and ask staff to continually monitor the progress and give us a report at each Council meeting. On roll call vote, the ~ote was 5-0. (B) Salud Medical Building, 347 N. Front Street -- JENNINGS/PUGH .... delay any further action on the Salud Medical Building at 347 N. Front street until an executive session is held at the next regula~ Council meeting. On roll call vote, the motion passed 5-0. Mayor Kirksey stated that the delay is because the Council will be holding a workshop with Salud on Wednesday, February 15th. PUGH/JENNINGS .... staff provide Council with an attendance record of Planning Commission members at the next regular meeting. Councilor Pugh stated that his purpose in obtaining this information is to check the attendance records of Commission members. He expressed his concern in that the Council might be subjecting themselves to difficulties when the Commission has a consistent absentee problem. It was suggested that a 15-month period be reviewed in. accumulating the attendance record. The motion passed unanimously. 0260 JENNINGS/FIGLEY... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:16 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR Mary Tennant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, February 13, 1995 Executive Session COUNCIL MEETING MINUTES February 13, 1995 3A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 13, 1995. CONVENED, The Council met in executive session at 8:38 p.m. with'Mayor I~irksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Absent Staff Present: City Administrator Childs, City Attorney Shields, City Recorder Tennant, Community Development Director Goeckritz Press: Shelby Case, Woodburn Independent The executive session was held under the authority of ORS 192.660(1)(h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. Mayor Kirksey reminded the Councilors, staff, and press that information discussed in executive session is not to be discussed with the public. The staff provided the Council with a status report on the dangerous buildings located at 199 N. Front Street (Old Bank Building) and 347 N. Front Street (Salud Medical Building). ADJOURNMENT, The executive session adjourned at 9:09 p.m.. ATTEST APPROVED NANCY A. KIRKSEY, MAYOR Mary Tennant, Recorder Page I - Executive Session, Council Meeting Minutes, February 13, 1995 COUNCIL WORKSHOP MEETING MINUTES February 15, 1995 TAPE READING 0001 000 DATE. COUNCIL CHA~BERB, CITY HALL, CITY OF WOODBURN, COUNTY OF I~%RION, BTATE OF OREGONv FEBRUARY 15v 1995. ~ At 7:00 p.m., Mayor Kirksey convened'the workshop session for the purpose of discussing the status of the Salud Medical Building. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Absent Councilor Pugh Present Councilor Sifuentez Absent Staff Present: City Administrator Childs, City Attorney Shields, Community Development Director Goeckritz, City Recorder Tennant Also in attendance: A1 Nunez, Salud Executive Director; Curt Arthur, Coldwe-ll- Banker Real Estate; David A. Force, Rural Economic & Community Development Service (Farmer's Home Admin); Alma Grivjalva, Fernando Fernandez; Shelby Case, Woodburn Independent. 0009 Mayor Kirksey stated that this workshop was called to discuss the status of the building and to see what can be done to repair the building rather than it being a detriment to the downtown area. She stated that the City has an obligation to treat property owners equally to get the work accomplished and other property owners have been pushed to get their buildings rehabilitated. It has been two years since the earthquake and no repairs have been made. Mayor Kirksey also distributed copies of the State's Executive Order involving the siting of state offices in downtown areas. Administrator Childs stated that the dangerous building process started 18 months ago and Salud was given until December 31, 1994 to repair or abate the building. Understandably, Salud's on-going priority has been to provide a medical facility to their clients. Staff has met periodically with A1 Nunez and others to look at options which ultimately resulted in the marketing of the building last fall. The Council has deferred any action until the next meeting in order to see what the outcome Df this workshop. A1 Nunez stated that Salud understands their financial obligation to RECD and once the new building is started, the outstanding balance will become part of the new obligation to Page i - Council Workshop Meeting Minutes, February 15, 1995 3A 3A COUNCIL WORKSHOP ~EETIN~ ~INUTES February 15, 1995 TAPE READING RCDC. There will be sufficient equity in the new building to allow the transfer of the financial obligation. He would like to do whatever possible to facilitate someone e~se to save a historic building and have it become an on-going business since Salud does not have the funds available to make the repairs. He had received estimates on demolishing the building ($113,780) and on repairing the'building, which included removal of the third story attic along with seismic upgrades.($165,350). 0339 Discussion was held regarding cost estimates for basic repairs to rehabilitation of building for office spaces. These estimates were as low as $70,000 and as high as $250,000 and Executive Director Nunez reiterated that Salud did not have any funds available at this time to even make the basic repairs. Salud has been trying to sell the building with the current market price at $125,000, however, they are willing to consider any reasonable offer. Administrator Childs question Mr. Nunez regarding the use of Federal Emergency Management Admn. Funds (FEMA) towards the basic repairs to the building. Mr. Nunez stated that the Salud Board had made a policy decision to use the FEMA.money (approximately $67,000) towards a new building. The new facility will cost in excess of $2 million and Salud has almost reached its goal in obtaining funding for the new facility. David Force indicated that once the new building is started, RECD may be willing to release the lien on the N. Front Street building and transfer the lien to the new building. If approved, Salud would then be able to do whatever they wish with the building. Salud would need to follow a formal application process to request the release of the lien from RCDC and Public Health Service. This process would take at least 30 days to complete. Executive Director Nunez suggested that, if the release could be obtained, Salud may be willing to donate the building to the City or any other non-profit organization that would be willing to make the necessary repairs. Another alternative would be to sell the property at a value of $40,000-$50,000 which would make the cost after the repairs close to the current asking Drice of $125,000. Councilor Figley stated that the Council is very concerned over the safety of the pedestrians and the integrity of the buildings adjacent to the Salud building. They are also very frustrated in that no efforts have been made over the last two years to make any structural repairs. ~ Curt Arthur stated that there has been a very limited showing of the property even though over 500 contacts have been made. The primary problem in trying to sell this property is its Page 2 - Council Workshop Meeting Minutes, February 15, 1995 TAPE READING 2400 COUNCIL NORKBHOP MEETING MINUTEB February 15, 1995 location in addition to total costs involved to acquire the property and make the necessary renovations for an office complex. Alma Grivjalva expressed her views in seeing th~ downtown area as a Cultural Center. She also suggested that the community work with the 3-Valleys Project towards securing some type of funding through the foundation in an effort to revitalize the downtown area. After some further discussion on this issue, Mr. Nunez stated that he would immediately pursue the lien release with RECD, discuss different sale options with Mr. Arthur, and also contact a bank for a commercial loan to do the repairs. He also stated that he would keep staff advised as to how the various options are progressing. Based on the intentions of Mr. Nunez to pursue other options, it was the consensus of the Councilors present that they would delay any action on this issue for another 30 days from the date of the next regular meeting with a status report to be presented at that time. Mayor Kirksey reiterated that Salud provides an exemplary service to the community but an obligation exists to get the building repaired as soon as possible. The workshop concluded at 8:28 p.m.. 3A APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 3 - Council Workshop Meeting Minutes, February 15, 1995 3B MINUTES WOODBURN PLANNING COMMISSION FEBRUARY 9, 1995 1) 2) 3) 4) 5) ROLL CALL: Chairperson Vice Chairperson Commissioner CommissIoner Commissioner CommissIoner Commissioner Commissioner Commissioner Mrs. Warzynski Present Mrs. Bjelland Present Mrs. Davis Absent Mrs. Henkes Present Mr. Kosikowski Absent Mr. Finch Absent Mr. Atkinson Absent Mr. Salyers Absent Mrs. Schultz Absent _. Staff Present: Steve Goeckritz, Community Development Director Teresa Engeldinger, City Planner MINUTES: The minutes of January 26, 1995 were accepted with the following corrections: Commissioner Schultz name spelling needed to be corrected. Transportation Task Force minutes of January 12, 1995 were provided to the Commission for their information. BUSINESS FROM THE AUDIENCE NOT ON THE AGENDA: None COMMUNICATIONS: Staff introduced Jason Tuck, an Oregon State University graduate. He updated the Comprehensive Plan map display on the Council Chambers wall. He also made all the corrections as to the land use inventories on our existing maps. REPORTS AND DISCUSSION ITEMS: Henry Farm Subdivision Fence: PCM~pcm2-9.95 SG:bw 3B Staff stated that the developer submitted a plan in regard to a fencing scheme for the part of the subdivision that backed up to the Senior Estates homes that front on Astor Way. They initially proposed a cyclone fence with slats. Staff reminded the Commission of the discussion between themselves and staff in regards to the type of fence they did or did not want. A cyclone fence would not be acceptable. The Commission wanted something with more aesthetic appeal. As a result of that, the developer proposed two solid wood fences one with a lattice top and one without. Staff felt that this would be ~adequate as far as aesthetics and make a good sound barrier. It is proposed to be six foot high. Staff stated that after discussion with ..the Building Official it is recommended that gravel not cement be poured around the post so as to extend the life of the cedar post. The post would have to be placed lower in the ground. Commissioner Bjelland asked how far the post would have to be sunk into the ground Staff answered that the Building Official would have to make that determination. Commissioner Bjelland stated that she liked the fence with the lattice on the top and wanted to be sure adequate gravel was placed around each post. City Planner, Teresa Engeldinger, asked if the Commission was satisfied that it was to be a cedar fence. On the drawings it says cedar tone fence but the letter states it is a cedar fence, she would asked the developer for clarification. The Commission stated that cedar post and cedar fencing would be recommended to City Council. B. Annexation Procedures for Unincorporated Areas of Woodburn Staff stated that since the last meeting staff has put together a list of properties that are currently outside the city limits. Staff stated a copy of the chapter of the Oregon Revised Statues that deals with boundary changes within cities was given to the Commission. Staff stated that the properties are strictly islands of land that are surrounded by the city limits, these properties are currently in Marion Counties jurisdiction. Staff would like to get an interpretation of these procedures from the city attorney. Chairperson Warzynski stated that this was such an important topic that it should be discussed with more of the Commission members present. PCM~pcm2-9.95 2 SG:bw 3B Staff stated that it would be a good idea to have the City Attorney attend at that time so he could answer any questions the Commission might have. 6) 7) C. Washington Federal Savings - Driveway Access Staff stated that this was a clarification of the access on to Cascade Drive. The driveway location was looked at by staff and Randy Scott of Public Works. There are currently no parking signs already POSted on Cascade Drive. If there are cars parking there then this is an enforcement problem. Staff stated that the new driveway will be in a better location than the old one. D. Discussion Paper - Zoning Ordinance Amendment - Chapter~ ~ \~ Staff stated that this will be discussed at a later date. _ E. Code Enforcement Activity - January 1995 The Code Enforcement Officers were kept quite busy this month. F. Building Activity - January 1995 Staff stated that by the end of the fiscal year we should reach last years amount of $20,000,000. BUSINESS FROM THE COMMISSION: Chairperson Warzynski asked when the workshop for the Planning Commissioner training was. She hoped that who ever attended would report back to the Commission on the workshop. - Staff stated that it was February 25, 1995. ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. PClVl~pcm2-9.95 3 SG:bw ROBERT L ENGLE KIRK A. SCHMIDTMAN JOANN K. BECK ASSOCIATE COUNSEL February 20, 1995 ENGLE & SCHMIDTMAN A'UrORNEYS AT LAW NORTHWOOD OFFICE PARK - 610 GLATF CIRCLE WOODBURN. OR 97071 FEB 2 2 1095 6A --; :/.ROLD A. EICHS3F..ADT RETIRED 1990 TELEPHONE FAX (503) City Council City of Woodburn 270 Montgomery Woodburn, OR 97071 RE: Transportation Impact Fees and Water and Sewer Surcharge as Related to Woodburn Downtown Historic Area Dear Council Members: I am writing on behalf of Salvador Larios who is working to improve the old Woodburn Office Supply building at 311 N. Front St. in downtown Woodburn. It is Mr. Larios' plan to remodel the building into an upscale family type restaurant serving authentic Mexican and Italian dinners. Because the use of the building will be changed from that of an office supply business to a public restaurant, Mr. Larios has been informed that he must comply with the recent.Ordinances imposing TIF and sewer and water surcharge fees for the changed use. The total of these proposed fees is $24,000.00 and is to be paid up front. Although Mr. Larios can appreciate the need for the City of Woodburn to obtain funding for it's capital improvements, the amount of fees imposed seems prohibitive and discouraging to renewal in the downtown area. Because the downtown Historical Area is a deteriorating area in need of .revitalization, 'it would seem appropriate that some incentive be imposed to attract and retain businesses in that area. A reduction of fees is one visible means to encourage downtown business. Therefore, this letter is written as a request to the Council to consider a reduction in TIF and water and sewer surcharge fees assessed to new or changed businesses locating in the Woodburn downtown Historic Area. The reduction could be limited to the Historic Area and would not affect other areas of the city. Such a limitation is not only reasonable, but understandable as part of an attraction for businesses to locate in the core area. Page 2 February 20, 1995 Woodburn City Council 6A Additionally, it is anticipated that the new Aquatic Center will bring new visitors and additional foot traffic to the downtown, and it is necessary that the City of Woodburn do whatever it can to stimulate the revitalization of that area. Improving the downtown area would not only benefit the Downtown Historic Area itself, but would be a benefit to the city in general in that renewal of the downtown area would be something we could all be proud of. On behalf of Mr. Larios and the Historic Area in general, I would urge you to consider a reduction in the fees schedule as applied to the Historic downtown area. Thank you for your consideration. Yours truly, N K. BECK JKB/~d cc: Salvador Larios 8A TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator- ~C Dangerous Building Hearinq -"Rugged Mfg." Buil(;ling February 16, 1995 Pursuant to Ordinance 1900, our "Dangerous Building" ordinance, a series of steps have been taken to mitigate the potential dangers that the above-referenced structure might pose. These include: 1) The City Administrator made a determination that the structure represented a potential hazard. 2) This determination was reported to the Council by staff report dated January 3, 1995. 3) The Council, through Council Bill/Resolution No. 1603, set a public hearing on the matter and directed that appropriate notice be made. 4) Appropriate notice has been made regarding the public hearing, scheduled for 7:00 p.m. on Monday, February 27, 1995. Another very significant step taken since the initiation of these proceedings, however, has been voluntary compliance by those involved with ownership of the building.. Since the January 9th Council meeting, the majority of the burned out building has been demolished and removed. The criteria under which I originally reported to the Council, "... probability of partial or entire collapse", no longer appears to be applicable. While we can remain hopeful that the now vacant property can be put to some productive use by its owners, the City's interest from a "Dangerous Building" perspective has been eliminated. My recommendation, under the present circumstances, is for the Council to consider a motion, prior to convening the hearing, that the Council not proceed with the public hearing, based on the information reported above from the City Administrator that the building has been removed. 8B City of Woodburn Police Department MEMORANDUM 270 Montgomery Street Ken Wright Chief of Police Woodburn, Oregon 97071 (503) 982-2345 Date: To: Subject: BUSINESS: MANAGER: February 13, 1995 Mayor and Council 1995 Liquor License Non-Renewal, WPD CR 95-0616 LA LINDA'S, INC 293 N. FRONT ST.,WOODBURN, OREGON XAVIER CARBAJAL In 1994, the Woodburn Police Department responded to 81 calls for service resulting in 28 arrests at La Linda's at 293 N Front St., Woodburn. A RMB (Retail Malt Beverage) Liquor License was issued to this location in 1983. The owners of the license was a family by the name of Carbajal. This license continued until January 1994 when members of the family purchased the business. Applicants were Xavier Carbajal, Evlalia Carbajal, Teodora Garza and Lydia Valdivia. As the business opened with severe license restrictions and the business has had previous problems with drug dealers, intoxicated persons, fights, disorderly conduct; a continuation of a compliance plan was initiated and agreed to by the new owners. In 1992 the police department was called to and responded- to 55 inciden.ts at La Linda's and in 1993 with a compliance plan the business reduced the calls to 28 calls for service:.. This showed a substantial decrease in activities. As the new corporation was essentially the same persons that had been running and working at the business it was my recommendation in January 1994 for the City Council.to approve the license transfer with a compliance plan. (attached) In June 1994 it was brought to my attention that calls for service at La Linda's were reaching unacceptable levels. I made several phone calls attempting to contact the owners to set a appointment for a review of activities but was unable to have anyone call me back. I then sent a letter, copy attached, with a printout of activities to date. As of this date I have not had a response. In the June 1994 letter I pointed out that the police department had responded to eighteen calls of which eleven arrests had been affected for disorderly conduct, harassment and trespass. SB Council policy in the form of Resolution No. 1037, dated February 12, 1991 clearly directs the police department to recommend to deny the renewal when there are persistent problems and the police department will automatically recommend denial of a renewal application when there is a record of ten arrests in the prior 12 months of employees or patrons of the licensed business for unlawful activities related to the sale or service of alcohol under the license either on the premises or in the immediate vicinity. The police department has attempted to work with the licensee and previous licensees of La Linda's with varying degrees of success. This past year there seems to be little, if any desire for the owners to maintain a orderly establishment; to keep track of activities, to assist the police and District 'Attorney in prosecuting arrestees, to contact neighboring businesses to mitigate issues and to contact the police department. Over the past seven years the police department has worked with all liquor by the drink establishments in Woodburn. This process requires the establishment to provide commitments above and beyond the necessary minimum and are supported by the police department. Consistently, by working with the businesses we have assisted them in eliminating and greatly reducing disorderly activities through compliance plans negotiated with the licensee and OLCC. Over the past seven years there have been three plans with La Linda's with varying degrees of success. This past year there has been little or NO cooperation by the licensee. RECOMMENDATION: The Woodburn City Council recommend to the Oregon Liquor Control Commission a non-renewal recommendation for La Linda's, 293 N. Front St., Woodburn. That the City cite past history of the establishment and more pointedly the over 70% increase in 1994 compared to 1993, lack of licensee response to the police department letter in June of 1994 and violation of City Council Resolution 1037. WOODBURN POLICE DEPARTMENT SIX MONTH REPORT LaLINDA'S INC. 293 N. FIRST STREET, WOODBURN OWNER/MANAGER: XAVIER CARBAJAL In the first six months of 1994 the Woodbum Police Department responded to a total of (18) eighteen calls for service at LaLinda's. In comparison, the Woodbum Police Department responded to (19) nineteen calls in the first six months of 1993. This represents a .05% decrease. 1994 calls for service are as follows: CITIZEN mrrmTv, n BY CP, g TYPE OF CALL ARREST ARREST OWNER CITIZEN POLICE 94-339 Assault 0 No X 94-2121 Disorderly Conduct 1 Yes X 94-3219 Disorderly Conduct 1 Yes X 94-3236 Harassment 0 No X 942526 Harassment 1 Yes X 94-3225 Lost Property 0 No X 94-667 Misc. 0 No X -- 94-3895 Suspicious Person 0 No X 94-685 Suspicious Situation 0 No X 94-1025 Theft 0 No X 94-1807 Theft 0 No X 94-2991 Theft 0 No X 94-1301 Traffic 0 No X 94-673 Trespass 1 Yes X 94-669 Trespass 3 Yes X 94-672 Trespass 3 Yes X ., SB 94-2826 Trespass 1 Yes X 94-1165 Vandalism 0 No X Totals 18 11 7 8 10 The Oregon Liquor Control Commission reported that during the first five m~nths of~1994 four person-- were arrested for DUll and claimed to have been drinking at I,Linda's prior to the ~rl'e~, Three of the four persons arre~ed was a result of a traffic accident. 94-339 Assault - On 01-16-94 at 0100 hrs. officers responded to the tavern on a anonymous complaint of an assault at the tavern. On arrival the officer contacted an intoxicated male who was injured, but refused any information to the officer. No action was taken. 94-2121 Disorderly Conduct - On 04-02-94 at 0059 hrs. officers responded to the tavern and arrested a person that security had in custody for attempting to start a fight with a patron. '-' 94-3219 Disorderly Conduct - On 05-15-94 at 0003 hrs. officers responded to the tavern and arrested a person that security had in custody for creating a disturbance in front of the tavern. Paul E. Null, Lt. Date 8[3 The 1994 calls for service are as follows: The first half of 1994 are included in Lt. Nulls' report. CITIZEN INITIATED BY CR# TYPE OF CALL ARREST ARREST' OWNER CmZEN POLICE 94-3942 Trespass 0 No X 94-3950 Suspicious Activity 0 No X 944092 Trespass/Detox 1 Yes X 944119 Theft from Motor Veh 0 No '-X 94-4269 Hit and Run 0 No X 944296 Drink in Public 0 No X 94-4304 Assault 0 No X 94-4527 Theft of Wallet 0 No X 94-4691 Trespass/Vandalism 1 Yes X 94-5353 Trespass/Harassment 1 Yes X 94-6510 Theft from Motor Veh 0 No X 94-6646 Harassment 0 No X 94-6817 Warrant Fugitive 1 No X 94-6883 Traffic Complaint 0 No X - 94-6887 Drug Offense - Pcs Cocaine 0 No X 94-7033 City Ordin _ Indecency 1 Yes X 94-7230 Tre~pass/Curfew/Mip 1 Yes 94-7254 MIP 1 No X 94-7273 Theft 0 No X 94-7388 Liquor Law Viol 1 No X 94-7393 Assist Public 0 No X 94-7533 Liquor application review 0 No X 94-7588 Harassment 0 No X 8[3 94-7741 Trespass 1 Yes X 94-7856 Found Property - Drugs 0 No X 94-7890 Trespass 1 No X 94-7921 Seized Property 0 No X 94-7992 Stolen Veh 0 No X 94-8032 Suspicious Activity 0 No X 94-8391 Trespass 0 No X 94-8397 Drug Offense 0 No X 94-8415 Trespass 0 No X 94-8424 Trespass/Warrant 2 Yes X 94-8427 Trespass 1 Yes X 94-8559 Trespass 2 Yes X 94-8561 Trespass 1 Yes X 94-8565 Trespass 1 Yes X 94-8580 Trespass/Harassment/ 1 Yes X fight 94-8701 TiTespass 0 No X 94-8720 Trespass/Harassment 1 Yes X 94-8862 Attempted Arson 1 No X 94-8887 Disorderly Conduct 3 No X 94-8893 Trespass/Warrant 1 No X 94-8914 Warrant 1 No X 94-8917 Fight 1 Yes X 94-9041 Area Check 1 No X 94-9055 Curfew Warn 0 No X 94-9189 Harassment 1 No X 94-9193 Menacing 0 No X 94-9196 Fight 0 No X 94-9231 Drunk/Detox 0 No X 8B 94-9355 Unsecured Business 0 No X 94-9378 Disturbance Person - drunk 0 No X Total 55 calls for service (from 28 14 36 13 4 06/94 to 123194) - 81 total calls for service Trespass, 94-3942, on 06-11-94 the police were contacted by La ,Linda's security regarding an intoxicated male refusing to leave the business. Officers escorted the subject out of the business. No arrest made. Trespass, 944092, on 06-17-94 the police responded to the La Linda's restaurant on a trespassing complaint. The complainant signed a complaint and the subject was arrested and removed from the business. Assault, 944304, on 06-26-94 police were dispatched to La Linda on an assault. They ~ere unable to locate the victim or suspect. Trespass, 94-4691, on 07-10-94 police responded to a trespass/vandalism call at La Linda's. A complaint was signed and the suspect was arrested. Trespass, 94-5353, on 07-30-94 police responded to a trespassing/harassment call at La Linda's. The security officer signed a complaint and the suspect was arrested. Harassment, 94-6646, on 09-11-94 police contacted an individual wanting to report a harassment. The complainant had advised it occurred inside of the La Linda's restaurant. The officer checked the business for the suspect but he was gone. No complaint was signed. Drug Offense, 94-6887, 09-19-94 the police responded to La Linda's on Drug offense call. The Business security had found a plastic baggy with white powdery substance in it on a customer. The item was turned over to the police, which submitted the items to the crime lab for analysis. AT this time there is no disposition to this case. a suspect is named. ,, Public Indecency, 94-7033, on 09-24-94 police responded to indecency type call at the business. ~he complainant, security, had observed a subject urinating in public. A complaint was signed and the subject was cited. Later, the complainant, failed to make a formal complaint with the city attorney. The charge was dismissed. Trespass/Curfew, 94-7230, on 10-01-94, police responded to a trespass call at the La Linda's. Security had arrested a juvenile for trespassing. Officers also charged the subject with MIP and Curfew. MIP, 94-7254, on 10-01-94 police were dispatched to La Linda's on an intoxicated minor call. Officers contacted the suspect and charged him with MIP. He was cited and released at the scene. 8B Trespass, 94-7741, on 10-22-94 police responded to trespassing call at La Linda's. Security had a subject in custody for trespassing when the police arrived. A complaint was signed. '14he suspect was arrested. Trespass, 94-7890, on 10-30-94 police responded to a trespassing call at La Linda's. The suspects were verbally warned. No arrests were made. Suspicious Activity/trespass, 94-8032, on 11-04-94 police responded to La Linda's on a_ trespass call. NO arrest was made. Unwanted Person, 94-8391, on 11-19-94 police were dispatch/to the business regarding multiple subjects "milling" around the business. The subjects were dispersed by the officer with out incident. Warrant/Trespass, 94-8424, on 11-20-94 police officers responded to the business on trespassing complaint. The business security had arrested two subjects for trespassing. The officers took them into custody on warrants and cited them on the charges. A complaint was signed. Trespass, 94-8427, on 11-21-94 officers were dispatched to La Linda's on a trespass complaint. A subject was arrested on the charge. The complainant signed a citizens' arrest form. Trespass, 94-8559, on 11-26-94 officers responded to a call of two subjects trespassing at the La Linda's Restaurant. The security officers had two. HMA's in custody for the act. Police arrested the subjects. Trespass, on 94-8561, on 11-26-94 officers were dispatched to the business on a trespass call. The security officers had a subject in custody. The complainant signed a complaint and the subject was cited and released. Trespass, 94-8565, on 11-27-94 officers responded to the business and arrested a subject for trespassing. The complainant signed a complaint at the scene. The suspect was cited and released. Trespass/Fight/Harassment, 94-8580, officers observed a fight involving two subject. The officers arrested the suspect. This happened near the business but not there. Trespass/Vandalism/Harassment, 94-8720, on 12-04-94 La Linda's security reported a trespass/mischief t~pe call. Police officers responded to the scene. The Security officers advised that the suspect had punched the front door window out. The suspect was arrested for trespass/mischief and Harassment. Disorderly Conduct, 94-8887, on 12-10-94 officers observed three subject being disorderly near La Linda's. Officers contacted the subjects and arrested them for being disorderly. Fight, 94-8917, on 12-12-94 officers responded to La Linda's on a call of an assault that occurred there. The complainant signed a complaint and the suspect was arrested on the charge. 8B Harassment, 94-9189, on 12-23-94 the police were contacted by La Linda's security officers at the police dept. Security had a HMA in custody for harassment. They signed a complaint. The suspect was also charged with Harassment by police since he had struck one of the officers also. Menacing, 94-9193, on 12-24-94 police officers were called to the business by the restaurant security. The security officer reported that he had been menaced by hispanic male adult displaying a knife. Officers checked the area for the suspect but he was gone prior to arrival. Officers interviewed tl~e secuoty officer but his statement regarding the matter kept changing, especially in regards of if the suspect actually pulled a knife and if the security officer drew his weapon. The suspect is unknown and could not be located for contact. Fight, 94-9196, on 12-24-94 police were dispatched to the restaurant on a fight call happening across the street from the business at the tracks. Officers checked the area but were unable to locate any signs of a fight or anyone fighting. La Linda's Restaurant/lounge has been given CRASH letters for 1994, in which they were mentioned as having been the bar/tavern where the subjects arrested for DUII had been doing their consuming of alcoholic beverages. There were at least four separate entries in the Crash reports. cc. licensee OLCC B:\OLCCXLALINDAS.95 8[5 o o o o o 11. LA LINDA'S COMPL~CE ACTION PLAN EF~ JANUARY 6, 1994 Will schedule a compliance plan class for all employees within 60 days of Council approval, and will hold semi-monthly meetings with employees to .cover the laws, house policies, and patrons involved in drug or other unlawful activity. Will post warning signs against drug activity and patrons leaving premises twice. Signs will be posted at premise entrances and in restrooms. Will keep a daily patron incident log on customer activity. Will log any barred customers, any customers who cause a disturbance, suspected of drug activity or who enter the premises intoxicated. Will permanently bar any patrons suspected of drug involvement, causing' fights/disturbances, trespassing, involved in the promotion of prostitution, or entering the premises intoxicated. Employees will sign citizen arrest forms when police are called for fights, disturbances, trespassing patrons, and will notify police of any suspected drug activity. Employees who violate house policies, O.L.C.C. laws and administrative rules, state statutes in the course of business, will be terminated. Will hold meetings with Woodburn Police Department command staff to monitor progress on an as needed basis. The Police Department staff will provide calls for service to date. Will offer, through 12:00 a.m., buffet food items such as nachos, enchiladas, corndogs, etc. on Friday, Saturday and Sunday nights to discourage over consumption of alcoholic beverages. Will check restrooms on a regular basis to prevent drug activity and use. Will thoroughly screen all new hire employees by checking their background as follows: Check with previous employer, check with Woodburn Police Department, and check with Department of Motor Vehicles for driving record. Will continue to provide security to monitor activity on sidewalks of Front Street between SALUD Clinis to Mays Furniture and Garfield Street from Front Street to the alley, the security will dissuade illegal activity, educate the public and call police as needed. The security will not be an extension of the Woodburn Police Department. 8B 12. 13. 14. Will continue to provide for cleanliness of sidewalks and curb areas of Front and Garfield streets. Sweep sidewalks by 7:00 a.m. on Saturday, Sunday, Monday, and legal Holidays. Will continue to contact neighboring businesses and attempt to identify problems and negotiate remedies to identified problems. Will develop a plan to work with affected businesses. . Will provide uniformed security at entrance and in the area as follows: Friday - 2 security officers Saturday - 3 security officers Sunday- 1 security officer Xavier Carbajal La Linda's Restaurant Ken Wright, Chief of Police Woodburn Police Department City Council OLCC File 8B COUNCIL BILL NO. /,~'? ~o RESOLUTION NO.../~3 ~ A RESOLUTION ADOPTING POLICY GUIDELINES AND PROCEDURES REGARDING LIQUOR LICENSE RECOMMENDATIONS BY THE CITY COUNCIL WHEREAS, the City of Woodburn is required to recommend liquor license renewals per ORS 471.210, 471.213; and WHEREAS, a defined policy on said liquor license applications will ensure equitable and consistent treatment of liquor license applications; and WHEREAS, the adoption of said liquor license policy will protect the interest of the general public and provide consistent direction to staff in the processing of said applications, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: That the "Policy on Liquor License Recommendations" is hereby adopted by the City Council, a copy of which is attached for reference. Approved as to form City Attorney APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Date FRED W. KYSER, MAYOR ?/ Page 1 - COUNCIL BILL NO. RESOLUTION NO. CITY OF WOODBURN POLICY ON LIQUOR LICENSE RECOMMENDATIONs AUTHORITY: Review of liquor license application pursuant to ORS 471.210, 471.213 OBJECTIVE: Approval of the recommendations of this report will establish as Council policy that a specific number of liquor-related complaints will cause an automatic denial of a liquor license renewal application. BACKGROUND: During the 1990 renewal period, the staff developed a definitive criteria to be used in making license renewal recommendations. All liquor licenses are renewed annually between January and March. STANDARDS: Oregon law provides criteria to be used by OLCC for license refusal which can be adapted into criteria for police department recommendations. The specific offenses are: Fights or assaults Liquor law violations by the licensee or their em~31oyees Excessive or obtrusive noise Illegal drug use or sales on the premises Trespass on private property Public Drunkenness Failure of the Licensee to take appropriate action to prevent or control problems caused by patrons on the premises or within the local vicinity. GUIDELINES 1. A recommendation to deny the renewal application will be made when there are persistent problems involving the types of police calls listed above related to the sales or service of alcohol. The police department will automatically recommend denial of a renewal application when there is a record of ten arrests, in the prior 12 months, of employees or patrons of the licensed business for unlawful activities related to the sale or service of alcohol under the license either on the premises or in the immediate vicinity. 8B Actions by the licensee which might tend to mitigate, the problems should be considered by the City Council Examples of mitigating actions are seeking and following recommendations by the OLCC, neighbors, or police, and increased security measures. The recommendation by the police department is only one component of the liquor license recommendation process. Community input is a significant factor in a complete review of applications by the Council. · Prior to the annual renewal period, city staff will provide a general notice to the public. Page 2 Policy on Liquor License Recommendations 10A COUNCIL BILL NO. 1610 ORDINANCE NO. AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 22 ACRES OF PROPERTY LOCATED AT 2291 N. BOONES FERRY ROAD (NORTH OF WOODBURN JUNIOR HIGH SCHOOL); AMENDING THE CITY OF WOODBURN ZONING MAP FROM MARION COUNTY "URBAN TRANSITION FARM" (UTF) TO CITY OF WOODBURN "SINGLE FAMILY RESIDENTIAL" (RS); AND APPROVING THE PRELIMINARY SUBDIVISION PLAT OF SAID PROPERTY; SUBJECT TO THE VARIANCES APPROVED AND THE CONDITIONS IMPOSED BY THE WOODBURN PLANNING COMMISSION. WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have established certain land uses within the City of Woodburn's Urban Growth Boundary, and WHEREAS, the Woodburn City Council has reviewed the record in Annexation Case No. 94-02, Zone Map Amendment No. 94-04 and Subdivision No.. 94-03 and considered all public testimony previously presented; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by the Cipole Group, Inc., is located at 2291 Boones Ferry road, and is legally described as follows: Beginning at the iron pipe in the North Line of the B. F. Hall Donation Land Claim, Township 5 South, Ranges I and 2 West of the Willamette Meridian, Marion County, State of Oregon, which pipe is 20.797 chains South, 87o 25' East of the Northwest corner of said claim; thence South 87o 25' East 20.797 chains to an iron pipe in the North line of said claim and in the center line of the Boones Ferry Road; thence South 13o 27' West, along the center line of said road, 26.553 chains, to an iron pipe 20 feet North of the South line of said Donation Land Claim; thence North 88o 30' West, parallel with the said South line 17.927 chains to an iron pipe; thence North 7o 20' East 26.526 chains to the point of beginning; containing 50.89 acres of land, more or less, and being a part of the B. F. Hall Donation Land Claim in Township 5 South, Range 1 West of the Willamette Meridian in Marion County, State of Oregon. Excepting Therefrom: Beginning at an iron pipe South 800.77 feet and East 1276.11 feet from the Northwest corner of the B. F. Hall Do,nation Land Claim Page I - Council Bill No. 1610 Ordinance No. 10A Township 5 South, Range I West of the Willamette Meridian; thence South 7o 20' West 1006.50 feet to a point 20 feet North of the South line of the B. F. Hall Donation Land Claim; thence South 88o 30' West parallel to said South Donation Land Claim line 1184.10 feet to a point in the center line of the Boones Ferry Road; thence North 13o 27' East along the center line of Boones Ferry Road 986. 50 feet; thence North 86o 54' West 1286.50 feet to the beginning. Also Excepting Therefrom: Beginning at an iron pipe in the Noi"th line of the B. F. Hall Donation Land Claim, Township 5 South, Ranges I and 2 West of the Willamette Meridian, Marion County, Oregon, at the intersection of said North line with the center line of Boones Ferry Road; thence South 13° 27' West along said center line 120 feet; thence North 87o 25' West parallel with the North line of said Donation Land Claim 300 feet; thence North 13o 27' East parallel with the center line of said road 120 feet to the North line of said Donation Land Claim; thence South 87o 25' East along said North line 300 feet to the point of beginning. Also Excepting Therefrom: Beginning at an iron pipe in the North line of the B. F. Hall Donation Land Claim No. 51, in Section 7, Township 5 South, Range 1 West of the Willamette Meridian in Marion County, Oregon, which is 2365.59 feet South 87o 25' East from the Northwest corner of said Claim No. 51; thence South 2o 33' 09" West 117.88 feet to an iron rod; thence South 87o 24' 53" East, parallel with the North line of said Claim No. 51, 57.06 feet to the Southwest corner of the Eugene Gascho, et al, tract described in Reel 185, Page 0254, Marion County Deed Records; thence North 13o 23' 00" East, parallel with Boones Ferry Road, 120.00 feet to the Northwest corner of said Gascho tract; thence North 87o 24' 53" West 79.61 feet to the place of beginning. Section 2. That based upon the findings and conclusions contained in Exhibit "A", the subject property is hereby annexed to the City of Woodburn. Section 3. That the Woodburn Zoning Map is hereby amended, as to the property described in Section 1 of this ordinance, from Marion County "Urban Transition Farm" (UTF) to City of Woodburn "Single Family Residential" (RS) based upon the findings contained in Exhibit "A". Page 2 - Council Bill No. 1610 Ordinance No. 10A Section 5. That the Preliminary Subdivision Plat of said property is approved subject to the conditions and variances approved by the Woodburn Planning Commission and based upon the findings contained in Exhibit"A". Section 6. That the annexation, zone map amendment, and preliminary subdivision approval herein are subject to the conditions contained in Exhibit "B", attached hereto and incorporated here_in, that the Council finds reas?nable./ Approved as to form..(~,(~-~~ ~/,~-.,~ / ~' --? City Attorney D~ite APPROVED: Nancy A. Kirksey, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST:' Mary Tennant, City Recorder City of Woodburn, Oregon Page 3 - Council Bill No. 1610 Ordinance No. FINDINGS AND CONCLUSIONS EXHIBIT "A" Page I of 10 Ae Residential Land Development Policies A-I. A-2o A-3o Residential areas should be designed around a neighborhood concept. Nctghborh~ should be an identifiable unit bounded by ~, non-residential uses, or natural features of the terraim The neighborhood should provide a focus and identity within the community and should have a communit~ facility, such as a school park, or privately owncd community facility to allow for interaction within thc neighborhood. ' The property being proposed for ~nn~tion is located directly north of the Woodburn Jnnlor High SchooL This location allows the property to maintain a beneficial relationship with the community. Living Environment - ~ments in Fesidential areas should be oonstmcted In such a way that they will not serlollsly deteliorate over ~ Zoning Ol~_Jnnn_~t_ should be non-residential uses. Construction s~ndards in the State Building code sh~ bc vigorously enforced, and if necessary, additional standards thc City deirrmin~ should bc imposcd to insure non-degrading housing _units, should be encouragcd by the City. The proposed develolxnent will be planned and built in a m~nner which obeys every zoning orcl/nznce. Keeping in accord~n~_e with these ordin~n~-es wLll guarantee a respectable and safe environment. Deve.~pment should prosnot~ through the use of moderate density standards and creative design, a feeling of openness ~nd spaciousness with s-mclent landscaped area and open space to create a pleasant living environment The proposed development has very spacious lot sizes that will necessitate a pleasant comm-nlty. A-4o Streets in residential are~ should be used by residents for access to collectm~ and arlx~rls, l_ Residential streets should DC d~igllCd {I) minimi~. ~ o~c roi' tlKO~h tmfllC~ however, whenever possible dead-end streets aad cuL~ should be avolde~L In the design of the subdivision there is only one access via Boones Ferry Road. This will avoid any .nnecessary traffic. IOA Resid~mtial developments should strive for creative design wMch will maximize the inherent values of the land being deve/oped and encourage slow moving tr._mc. Each A-6o EXHIBIT "A" Page 2 of 10 residential development should provide for l~ndscaping and tree planting to enbo~ce the livabtlity and aesthetics of the neighborhood. 10A Aesthetics are extremely im?o. rf~nt to this development. The project is aiming for an all inclusive effect, not just -nique aspects that won~ function together. In order for this to occur, appearance ~nd safety must be attended to in the highest degree. Non-residential uses should be prevented from locating in residential neighborhoods. Existing non-conforming uses should be phased out as soon as possible. The proposed property currenflypossesses emblements and will therefore not be in danger of a nonconforming IISe. Home occupations and combination business and home should be allowed if the residential chamc/er is unaffected by the use. h the case o/home occupations, these can be allowed through the zoning ordin,,nees. Within the proposed development there will be no home occupation and combination business ,mi ts. High frame gener~ng non-residential uses should not be located in such a mann~ as to increase ~mc flows on The proposed development l~s an access that is .nique W just the development, and therefore will not generate any non- residential uses. EXHIBIT "A" Page 3 of 10 D. Annexation Policies 10A Annexation policies are extremely important for the City. While it is impor~_nt th~ enough t~nd is available for the necessary development anticipated in the City of Woodburn, it is also essential to inefficient, sprawling development. Because of the need to plan for public improvements, the City should insure ~t there is a five year supply of ~a_e_~__nt land within the City. Services should be provided to th.t land during that five y~ar period. The location of the proposed property bas been a pop,l~r region for new development in the City of Woodburm At the current growth rate there does not exist an adequate supply of L2nd for a five year period. This annexation win allow for that needed land, as wen as being a logical functional and orderly addition to the City. Prior to the approval of Site pt~n; Subdivision or Planned Unit Devel~~ for hnd annezed m the city west of In~rsta~ 5, a detailed Transportation Impact Stody with the Depm/ment of ll~ms~flon will be required. A notification period of 45 days ~dl be provided the Dep~t of Tr~_nsportaflon to respond to the before n~mtioaed proposal prior to_finAl City action. The proposed development is to the east of Interstate 5, therefore this does not apply. G. Housing Goals and Polities. Goal The housing goal ag the city is to ins_me ~h~ adequate housing for all sectm~ o/the eom_ munity is provlde~ Policies G-l-1. The City will insure that sufficient land is made availab~ to accommodate tim growth of the C~ty. Tm~ requires *h~t s_~cient la~_d f~ both high density and Iow densi~ residential developments is provided ~lthtn the co-Rnes oi' the growth and development goals o~ the whenever lmssible, to rehabilitate and renew the alder housing in the city. It is the intent of the C/pole group to ~nnex this property for the purpose of a low density residential development that is within the confines of the growth and development goals of the City. This property is presently outside the city limits but is consistent with the goals of the overall city zoning plan; and although there is a zone change application, it will remain within the s~me zone category. G-1-2. EXHIBIT Page 4 of 10 It is the policy of the City to encourage a variety _of housing types to accommodate the demands of the local housing marl~e~ At present there is a ~-ariety of housing options within the C/ty of Woodburm Of these options there does not exist a vacant residential subdivision comparable to the one which the C/pole Cxroup is proposing. The City will need to insure there exists housing for the future populat/on goal ( as stated in the Co .mgrehensive phn) and this proposed 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 to the Senior Estates and across the. street from Tukwila. two develo?nents which have been very successful and are located in a geographically desired area~ Unlike these subdivisions which have appealed to spect_ tic m~rket segments, Henry Farm Estates can offer a different houaing option appeasable to the current community strata as well as allure newcomers. To i~sure the new concepts in ho~stng are not restricted unduly by ordin~nces, the City sh,ll periodically review its ordinances for appli_e~_ hility to the current trends in the housing market. Henry Farm Estates is proposing a traditional subdivision that is not e~aaordir~ry and would not stray from current acceptable ordinances. To provide for the persons hying in ~_e. co .mmunity. of a. ~owor_ .inco..m~ the City will accept its regienal share ~ ~ow mcome hOUSing. -ires poncy Henry Farm Estates will not be a low income subdivision. It will con. in 79 lots which will be offered at current rn~rket prices. IOA Public Services Goals and Policies. It is the goal of the City to provide adequa~ public services to all areas of the City to include. Sewer 1tries of adequate capacity Water lines of adequate capacity for both domestic supply and are f~hUn~ capabmUes. Strum drainage to prevent flooding of valuable property where feasible. H-2o To provide a central system to accommodate the service fines to inclnde: Seerage treatment facilities s,_,mcient in capacity to accommodate the City's growth l~tti the year 200~ Lift s~flons as n~ to the sewer lines'. EXHIBIT Page 5 of 10 Well stm-age and treatment of water as is necessary accommodate the needs o/the City. Detention systems for flood water and storm drain runoff so as not to overburden the drainage sysl~ns of the dty. 10A Policies H-2. Ho2. H-3o H-4. H-5o Ho6. It is the policy of the City to provide facilities at the least long range cast to the City. In accordonce with the regulations of the Public Works Depar~ent, the Cipole group wi]] build low rr~intenznce facilities which will not deteriorate prematurely. / Efficient design d all facilities should be encomage& The sizing of all lines should be adequate to accommodate the expeclrd lifetime of those Hnes. The lines will be engineered to the Public Works specifications, which will insure efficient design- The City should oversize the lines where it is deemed reasonable ~hn~ during the life of the facility the lines ~ be carrying additional capacity. Henry Farm Estates is a subdivision with a pre~letermined n,,mber of dwellings. This should eliminate the possibility of oversizing the lines because there is not a future consideration of addition~l capacity. This should allow for an initially efficient desigI~ The City should minimize the number of high maintenance and operational cost facilities such as a lift stations whenever possible. To maximize the utility of existing city services, and t~ minimize ~nAin _L~,~,=n~ costs, existing lands which are vacant should be developed to their highest pol~ntial, subject to constraints of the Laud Use and ez~pting areas set aside for open space presavatioa ~ parks. Henry Farm Estates =an not require the use of high rrmtu~e peripheral facilities which would increase operational costs.- It is maximizhlg the utility of a well planned public service infrastructure. Demtopment Zones - The City should encourage development in areas ~ existing facilities first. ~econdly, the City should enoourage de~Jopment in areas where ex2nsiom of ezisting elW set,lees can be aeeommndalv The Cit should eaeomage devel ment o/new areas to any other ~-eas oalyas a last resert. ~he City will ~lhere t~ the lmlides in the Simon Water and Water and Se~er e___le~e_ nfs of the Coml~he~si~ plan. This proposed deve2olmxent is in an area of existing utilities. Major utilities run parallel with Boones Ferry Rd and will ~llow for efficient extension of the services. To insure ~At the growth does not increase'the cost ~o the present City residents, the City~ policy should insure that the new developments EXHIBIT "A" Page 6 of 10 pay for any additional services they demancL The City shall institute the necessary ~=es and fees to insure that this is accomplished as far as is practical 10A The C/pale G~oup accepts a financial responsibility to pay for elements concerning the connection of necessary utilities for the proposed subdivision~ ~nd is willing t~ abide by these obligations. However, the C/pole Group does not foresee any additional services that will increase the cost to present City residents. It Sh~n be a policy of thc City to maintain a working Capital hnpr~ent Plan m~xlch shall def~__!! a set of public facility projects, their costs, and funding for a six year period, and for the logical extension of public facilities over a projected twenty year pexiod. It shall and antend it as necessary to insure adequate public infrastr~ctox~ ~dle~c needed and to nmlntain compliance with Policy (l~ (1) d the dot~__ men_ t and thc statewlde land use goal eleven (Public Facilities l~nnin~. The Capital Improvement Plan will not be burdened to provide utilities to Henry Farm Estates, due to the close proximity of existing utilities. 1. Transportation Goals and Polities Ooal 1-1o Establish'a fr~_mewerk for the development of facilities to move persons and goods in a safe, effective and efficient a manner as possible under projected year 2000 traffic conditions. Policies 1-1-2. 1-1-4. Develop a tr~_nsportation system thnt intex~xmnects residential areas with employment centers, commercial areas, schools, parks, churches and Feglon~ transportation networks. Henry Farm Estates will have an access onto Boones Ferry Rd. which will give the subdivision access to the current transportation network. Develop a street system wherein arterial streets are of snmcient width to accommodate tra~c flows without interruption. Collector streets should function to conduct trmTic between arterial streets, which serve to accommodate movement within neighborhoods. The Henry Farm Estates has engineered a funcfionnl development that meets the desired widths of arterial streets. The rrmtn loop is sixty feet wide whereas the side streets are fifty feet wide. This meets with the Public Works codes ~nd provides proficient mo _~ent within the subdivision. To iasure that state and federal highways with routes through the City are im.~ in accordance with projected traffic volumes and the cieme~ts COninined within this plan. 1-1-5. EXHIBIT Page 7 of 10 The Cipole Group comprehends their responsibility to the improvement of Boones Ferry Rd as a result of increased traffic voll]rne. ~ 0A It is also understand that this is limited to their respective side of the street including the distance of the bordering property bo~mdary. Develop a public transit system which will provide service and facilities to improve the mobility and accessibility of the transportation disadvantaged. Goal 1-2. Policies 1-2-1. 1-2-2. 1-2-3. Develop a trans~on system that avoids o~ reduces a reliance upon any one form of transportation. Encourage the development of tr~ntit services by route e~llmngion, increasing levels of service and appropriate street design to facilitate movement of transit vehicles. Develop a btke~vay and pedestrian system which will provide routes conneOlng residential areas to schools, parks, places of employment Promote optimum efficiency within the transpoflaflon system by the use of trnmc management techniques inclnding a__~o~s__ controls on mJor arimtals and the u~li~__tion of available tr~nalt 8ysi~m capacity prier to the construction of mj~ new transportation facilities. Encourage the design ~nd development of transportation fadlities th;t can be readily modified to aceommodate future ~ands. Je Growth Goal City's goal is to grow to a popmstion of apprc=Imate~ 181)00 by the year 2006. This growth should be (mJerly and accompanied by the necessary public services. The gFowth should be ~ in reside~_ fl~_l~ indust~n~; and re~il sectors of the City. As much as possible, the growth should not add any additional burdens on the Cites ~." The Cipole Group is proposing a subdivision that will provide housing for a future rr~rket segment without burdening the current City's taxpayers. In addition, Henry Farm Estates is a subdivision that matches the City's growth goal policies, It shows an orderly growth Growth and Ud~_-i~_ tion Policies. Henry Farm Estates is in accordance with the overall zoning pL2n. This proposed development is outs/de the city limits but is zoned X-2. EXHIBIT "A" Page 8 of 10 for low density residential development. It is also in accordance with the Comprehensive Pl~n~ The Comprehensive Plan co_ll~ for ~nnexation policies which prohibits sprawled develop?enL This proposed development is bordered on three sides by the city limits and if ~nnex~ would exemplify a natural succession and surfeit the Comprehensive Plan. IOA To insure that the City's growth does not ~ its ability to provide public servt_ce~__, the City ShOn adopt a growth control OFdin~ncc, similar to the LhnU~! OFowth Ordinance now in effect. When and if the growth control Is used, the City sh,dl zeenmine the public facilities plan and determine at ehot time if it is in the public interest to .,~pand facilities to accommodate the additional growth. The proposed development is already within the confines of the existing growth d~rmnd: therefore, the development of Henry Farm Estates does not d~rnnnd exp-__nded public facilities. The clty~ public facilities now being built are to be paid for by the s~stem developm~t ch=rges from the anflcipaled growth. To insure that the City~ growth does not fall short of the expected growth raW. the City The acceptance of Henry Farm Estates will help to promote growth and prosperity as weU as avoid any -nnecessary measures to stimulate growth, and is eoosldered to be available, over time, for urban development. This parcel of l~nd is surrounded by an urbani~l area and should be available for urban development. The City and County shau main~in a process providing f~r an erch,,-ge of infm'mation and reco~tions relating to land use considered in the urban growth area by the County sh-n be fonmmied by the County to the City for comments and ~dations. The City sh-, respond wlthtn tw~tity days, unless the City requests " and the County grants an eztenslon. This is a process flint is independent of the Cipole Group and the proposed Henry Farm Estates. K-6. Upon receipt 0/ an --nezation request or the initiation of annexation proceedings by the City, the City shall forward information regarding the request (including any Iwoposed z0oe change) to the County for comments and recommendations. The County shaft have tmmty days to respond .nk,,xs they request and the City allows additional time t~ subn~It comments before the CiW makes a decision on the smne~ation proposal. In this par~ic11~r incident Marion County, has been informed of the -nnexation request and has provided input for the prior proceedings, specifically the October 18, pre-application meeting. EXHIBIT "A" Page 9 of lO X-7. K-9o K-11. All land use actions within the urban growth area and outside the city limits shall be consistent with the City's Comprehensive plan and the Counys I~nd use regulations. Henry Farm Estates satisfies the stated goals of the City's Comprehensive Plan and has been consistent with County's land use plan. In order Io promolE consislency and coordination between the City and the County, both thc City and County shall review and approve ame~ldmellts Of the Cites Comprehe118i~ ~ which apply to the l~rtion of the urban growth area o~tside thc city limits. Such changes sh~ll be considered first by the City and referred to the County prior to ftnal adoption. If the County approves ,a proposed ameadment to the Cites plan, the clmuge shall be adopted by ordinanoe, and made a part of the County~ plan_ This is an area that does not apply to the Cipole Group or the proposed Henry Farm Estates. l/~cept as provided in Policy K-10 below, the area outside the urban growth boundary shall be maintained in rural and resource uses consistent with Statewide Land Use Planning Goals. This does not apply, as the proposed area is within the urban growth bo~mdary. The City and County shall strive to e~zance the livabllity of the urban growth area and to promote logical and orderly developmeat therein a cost effective mat~. The County shaU not allow urban density uses wi~fbln th~ Urban Growth Boundary pflor to annexation to the city unless agreed to in writing by the City. City se~r and water facilities shall both be extended beyond the city limits, emcept as may agreed to In writing by the City and County. The City shall be responsible for the preparing the public facilities plan. The propo6ed development is bordered on three sides by the city limits. Anneadng this piece of property would fonow a logical sequence. In conjunction, there is adequate utilities nearby that would promote a cost effective connection. Conversion of land within the boundary to urban uses shall be based ou a consideration of: Orderly, economic provision for public facilities and services; The proposed Subdivision is bordered by the city limits on three sides. The ~nnexation of the this property win indicate a natural, logical, and orderly extension of the city limits. As well as, taking advantage of the nearby utilities, which are economically appealing. b. Availability of snmcient land for the various uses to insure choices in the market place; This proposed subdivision will allow the buyer a different type of housing option- An option that offers a neighborhood environment with very spaOous lot sizes. 10A EXHIBIT "A" Page 10 of 10 d. Encouragement of ln-fllUng development within developed are~ before conversion of urb~-t,~l areas: and c. Applicable provisions of the Marion County and City Comprehensive The Comprehensive Plan has been analyzed and this proposed project meets the need of the City's goals. It is an org~nig~l ext~n.~ion of the city limits that defies the notion of sprawling. In addition, this project rakes advantage of a well designed infrastructure that win be able to sufficiently service this project without an addition_~! expen_ se to the current city taxpayer. This project will also enable the continued growth goal of the City by enabling superfluous developments to continue in an orderly fashion. 1 oa EXHXB[T "B' 10A Page ! of 3 CONDITIONS OF APPROVAL: 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 following preliminary apprval. Vision clearance standards shall be met. 5. Provide landscaping along Boones Ferry Road with five 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 specles 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 preliminary approval. £XH~B~T #B" IOA 'Page 2 of 3 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 and 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 residential 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. EXHBIT "B" 10A Page 3 of 3 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 recorded subdivision plat. lOB MEMO TO: Mayor and City Council Administrator through City FROM: Community Development Director s.~.~. SUBJECT: A Request for Annexation, Davidson Farms Inc. DATE: February 23, 1995 An application has been submitted for an amendment to the City of Woodburn's Urban Growth Boundary. The affected property consists of a 19.6 acre portion of a larger parcel (87.98 AC) owned by Davidson Farms, Inc. The subject property is located in the South west quadrant of the Interstate 5 interchange, and can be specifically identified as TL 100 (44158-000) 5S, 2W, Section 11, Section 14, see map I. In addition, the applicant is requesting that the affected portion of the property be annexed to the City of Woodburn and then be redesignated as industrial on the City's Comprehensive Plan Map and zoned light industrial on the City's Zone Map. lOB COUNCIL BILL NO./(oll RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF CERTAIN PROPERTY LOCATED IN THE SOUTHWEST QUADRANT OF THE INTERSTATE 5 INTERCHANGE. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 222.120, 7:00 p.m. on'March 27, 1995 is declared to be the time set for public hearing before the Woodburn City Council on whether the City of Woodburn shall annex that property as referenced on the diagram attached as in Exhibit 'A" hereto. Section 2. Pursuant to ORS 222.120, no election is required on this issue. Section 3. Notice of said hearing shall be published once each week for two successive weeks prior to the day of the hearing in a newspaper of general circulation in the City, and m-'~'~/~~ the/ for i~~ . notices of the hearing shall be posted in four publi_c places in City like period Approved as to for '~ ~' ~: City Attorney Date APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon NANCY KIRKSEY, MAYOR Page I - COUNCIL BILL NO. RESOLUTION NO. I I ItITN I I AREA TO BE ANNEXED .' I00 103 03 03 0 l~ 10C City of Woodburn Police Department MEMORANDUM 270 Montgomery Street Ken Wright Chief of Police Woodburn, Oregon 97071 (503) 982-2345 Date: February 16, 1995 Mayor and Council C. Childs, City Administrator Subject: WPD Case 95-265, Transfer of Liquor License Pub 99, 1032 N Pacific Hwy. Applicant: Yee Inc. - Principal Corporate Members Are: Jong C. Yee Mark K. Yee Kenneth L. Yee Terrence F. Yee Kathy C. Yee HISTORICAL BACKOROUND OF LOCATION In 1988 the city received and processed a liquor license from Mr. R. Krieger to purchase and operate the Pub 99 tavern. During the process, in 1988, the police department was conducting a deep-cover narcotics investigation. As a result of the investigation numerous patrons and a bartender were arrested and subsequently convicted of Possession and Delivery of controlled substances namely heroin and cocaine. Ultimately through negotiation with the applicant and the OLCC a compliance plan of special conditions was established and with the police departments' recommendation the Council provided a favorable recommendation to the OLCC. During the years that followed activities at the location fluctuated but appeared to be in control by the licensee. This continued until 1993 and 1994. Police investigations and information received indicated that again major drug dealing was occurring at the Pub 99. The police department began conducting a indepth investigation into the activities at the Pub. This investigation culminated on January 12, 1995 with the arrest of seven persons including the on- duty bartender. The latest incident mirrored the 1988 investigation and also included the arrest of the on-duty bartender. It should be noted that in 1988 at the time of the conclusion of the investigation the license was in transfer and the new owner had assumed all previous employees. On January 6, 1995 applicant Ken Yee took over the ownership of the Pub 99 assuming employees pending the City and OLCC acceptance of the license. 10C On January 12, 1995 the police department concluded a major drag investigation six days after a new owner, Mr. Ken Yee, had assumed the business. Mr. Yee. was called by police and OLCC agents to respond to The Pub 99. Upon arrival and being briefed of the situation and making his own observations, Mr. Yee voluntarily immediately closed and secured the Pub 99. To this date Mr. Yee has kept the business closed. Refer to exhibits 1, 2, & 3 for police department calls for service for years 1992, 1993 & 1994. Investigation On January 13, 1995 the police department received the application of the Yee Inc. for ownership of The Woodbum Comer Sports Pub, 1320 N.' Pacific Hwy., Woodbum. Through the background investigation it was determined that Mr. Yee owns The Pier, Woodbum, Blue Willow Restaurant, Salem, Blue Willow At Battle Creek, Salem, and Plaza Restaurant and Lounge, Stayton. The Yee Corporation have been in the restaurant business a number of years and have had a liquor license in Salem during this time at the stated locations. A criminal records check has been completed on all corporate officers finding that Ken Yee was convicted of Forth Degree Assault in 1990. A check with OLCC files of the businesses operated by Yee Inc. show one warning violation of serving a intoxicated person in February 1994. The department investigation could find no other negative reports. An area canvas of businesses adjacent to Pub 99 was conducted in the course of the investigation. The department contacted eight businesses. Of the eight businesses one had no opinion and the remaining eight stated that they felt that patrons of the Pub have-caused problems in the area and feel that the location would be more appropriate for any business other than a bar. One business stated that they were opposed to the issuance of a liquor license. Beginning February 1 thru February 13, 1995 applicant Yee, OLCC and the police department conducted several meetings to discuss the history of the Pub 99 and what Yee would have to do to correct problems. In discussion with Yee is was determined that to operate a successful local sports pub, free of any drug or unlawful activities that Yee would have to take personal involvement in the operation. In discussion with Yee it was determined that Yee purchased The Pier in Woodbum, next door to the Pub 99, in April of 1994. That in 1994 the police responded to four incidents at the Pier non resulting in arrests. That in the 20 years that Yee has been in business there have been no problems with criminal activity. Taking all of this into consideration I entered into discussion of special conditions that Yee would do in addition to Oregon Laws in order to establish the Woodbum Comer Sports Pub as trouble free, illegal drug free business. Those conditions would be provided to the city council in the form of a Compliance Plan (exhibit #4) with the police departments investigation and recommendation. 10C RECOMMENDATION In review of all available information relating to Yee Inc. and Ken Yee and that Mr. Yee has not been involved in illegal activities or' the subject of a criminal investigation. That Mr. Yee has operated a successful business (The Pier), for the past year and has been in the liquor serving business for over 15yrs and has only received one warning violation. That Yee Inc., Mr. Yee has been very cooperative with both the OLCC and police department. I recommend the Woodburn City Council reccomend approval of the Transfer of License of the Pub 99 - Ray's Sports Bar to Yee Inc., Woodburn Corner Sports Pub., with the attached Compliance Plan as special conditions. B:\olee\~pt~bar. pub applicant olcc - Salem file lOC COMPLIANCE PLAN WOODBURN CORNER SPORTS PUB 1320 North Pacific Highway, Woodburn, OR 97071 Effective upon Date of Opening Objective: To operate a successful local sports pub free of any drug or other unlawful activities. Plan of Action: 1. Hiring of Employees Prior to the hiring of any employees, for the opening and for continual operation, we will conduct thorough background check with previous employers, with Federal and State agencies for prior criminal offenses, and with the Department of Motor Vehicles for driving record. We will maintain a list our current employees and tbeir job functions and make this list available to the appropriate agencies and departments. We also hope to initiate a drug testing program for current and perspective employees. 2. Employee Education We will conduct a compliance training class for all employees prior to our opening for business to cover the laws, our operation policies, and the handling of patrons involved in drug or other unlawful activities. In the future all new employees must go through the compliance training course and be certified by the management team. We will also invite the Woodburn Police Department, the OLCC, and other agencies to conduct training sessions to raise our employees' awareness on the prevention of any illegal activities and update us on any change in procedures. 3. Employee Handbook We will put in place, prior to our opening for business, an employee handbook to document our operation procedures and relevant federal, state, city and OLCC regulations. 4. Employee Su_nervision Corporate principle Ken Yee, a full time manager, and other members of the management team will supervise the employees to ensure proper rules and regulations are being enforced. Employees who violate operating policies, OLCC laws, or city and/or state laws will be terminated. 10C 5. Employee Participation During business hours, there will be an approved manager or Ken Yee plus one employee on duty. As part of the compliance training course and included in the employee handbook is the understanding and acknowledgment by the employees that they will sign agreement to notify police of any suspected drug activities and will sign citizen arrest forms and will testify in court, if needed. 6. Warning Signs We will post warning signs, both in English and in Spanish in sizes no smaller than 11" by 14" against drug activity, one person in a rest room at a time, and patrons leaving and returning to premises more than once. Signs will be posted at premise entrances and in rest rooms. We will post warning signs stating that any previously 86'd patrons entering the establishment will be arrested. We will install cameras to record traffic in and out of the rest rooms, front door, the tavern counter area, and the parking lot. The cameras will be connected to a recorder which will be taping on a continuous basis during business hours. Tapes will be rotated on a weekly basis and made available to the Woodburn Police Department for their review. 8. Patron Handling We will promote a clean, comfortable, and enjoyable environment and will encourage patrons to report any suspected illegal activities to our attention. We will allow only one person in a rest room at a time, we will inform patrons that they are allowed to leave and return to the establishment no more than once daily. We will permanently bar any patrons caught in conducting illegal activities, in causing fights, disturbances and trespassing. We will keep a log of such incidents and we will also add to the incident log activities such as refusal of services, walk throughs, and field inspections. We will maintain a list of 86'd patrons. The incident log and the 86'd list will be made available to our employees so they can prevent 86'd patrons from reentering the premises. The incident log and the 86'd list will also be available for review by the Woodburn Police Department and the OLCC. 10C 9. OLCC Regulations We will strictly enforce OLCC's regulations and will provide a full compliment of food items to discourage over-consumption of alcoholic beverages. Items of food to be offered include Hamburgers, Steaks, Boasted Chicken, Fish & Chips and other items. A menu will be provided to the OLCC when available. 10. Owner and Management Participation During the first six month of operation, Ken Yee will be at the license premises no less than 20 hours weekly to monitor employees and patrons, and will be at the premises from 8:30 PM to closing on Friday night, Saturday night and two other week nights. During those nights, Ken Yee will periodically go over to the Pier to monitor the situations at the Pier. An approved manager will be on the premises in Ken Yee's place in the event that Ken Yee is not available due to unforeseen circumstances. 11. Problem Prevention Ken Yee and the management team will hold weekly meetings to discuss any problems, potential problems, and steps that need to be taken to prevent these problems from occurring again. Ken Yee and the management team will hold monthly meetings with the Woodbum Police Department command staff to review all calls for service and specific ways to minimize such calls in the future. Ken Yee will meet with the Woodbum Chief of Police on a quarterly basis to discuss problems or concerns regarding premises, patrons, or employee activities and to further monitor compliance plan. Conclusion: It is our goal to work with all appropriate departments and agencies to make the Woodburn Comer Sports Pub a clean and enjoyable establishment for law abiding citizens. It is also our intention to work with the local community to make Woodbum a clean and enjoyable town for both businesses and residents. Submitted by Reviewed by Ken L. Yee Coq~orate Principle Woodbum Comer Sports Pub February 10, 1995 Ken Wright Chief of Police Woodbum Police Dept. February 10, 1995 c ?M,~WORK$'OLCCCOM2.WP~ CRg95-611 CAD-719 Received 01-26-95 at 1037 PUB 99 al~: RAY'S SPORTS BAR A'}ND GRILL 1032 N. PACIFIC HWY, WOODBURN ~~D~/MA~GER: RA YMO ND KRIEGER 10C In 1994, There were 21 calls for service at Pub 99. In 1993, the Woodburn Police Department responded to a total of 24 calls for service at the Pub 99 Tavern. This represents a 8 % decrease in calls for service'at the Pub 99. 1994 calls for service are as follows: -~' CITIZEN INITIATED BY CR# TYPE OF CALL ARRES ARREST OWNER CITIZEN POLICE T 94-1298 ASSIST PERSON 0 NO X 94-5762 BAR CHECK 0 NO X 94-2123 BURGLARY 0 NO X 94-6067 DISORDERLY CONDUCT 0 NO X 94-8889 DRUG INVESTIGATION 1 NO X 94-8890 DRUG INVESTIGATION 1 NO X 94-9032 DRUG INVESTIGATION 1 NO X 94-9160 DRUG INVESTIGATION 1 NO X 94-9301 DRUG INVESTIGATION I NO 'X 94-3540 FIGHT 0 NO X 94-2921 HARASSMENT 0 NO X 94-5609 NOISE COMPLAINT 0 NO X 94-8452 POSSIBLE DUII 0 NO X 94-1608 TRESPASS 1 YES X 94-7834 TRESPASS I YES X 94-8721 TRESPASS I YES X 94-3285 UNATFENDED CHILD 0 NO 94-7744 UNWANTED PERSON 0 NO X 10C 94-8987 WARRANT SERVICE 0 NO X ATEMPT 94-732 WARRANT ARREST 1 NO X 94-8318 WARRANT ARREST I NO X ASSIST PERSON, 94-1298, REPORT OF A MAN IN THE TAVERN WITH A GUN, OFFICERS CONTACTED PERSON DESCRIBED, NO GUN LOCATED. BAR CHECK, 94-5762, BAR TENDER REQUESTED WALK THROUGH REGARDING AN ARGUMENT. BAR CHECK WAS MADE BY OFFICER WHO ADVISED SUBJECTS WERE GONE ON HIS ARRIVAL. BURGLARY, 94-2123, CONCRETE THROWN THROUGH WINDOW, ENTRY TO BUSINESS AND CASE (5i~ BEER TAKEN. DISORDERLY CONDUCT, 94-6067, ARGUMENT INSIDE BAR TURNED INTO A FIGHT WAS CALLED IN BY BARTENDER. BARTENDER DID NOT WANT TO PRESS CHARGES. FIGHT, 94-3540, ARGUMENT INSIDE BAR TURNED INTO A FIGHT WHEN SUBJECTS WENT OUTSIDE OF THE BAR. CALLED IN BY BARTENDER. HARASSMENT, 94-2921, BARTENDER WAS VERBALLY HARASSED BY SUBJECT WHO REFUSED TO GIVE I.D. BARTENDER DID NOT WANT ANY ACTION TAKEN UNLESS SUBJECT RETURNED TO THE BAR. TRESPASS, 94-1608, CITIZENS ARREST SIGNED BY BARTENDER ON SUBJECT WHO REFUSED TO LEAVE THE BAR WHEN ASKED. TRESPASS, 94-7834, CITIZENS ARREST SIGNED BY BARTENDER ON SUBJECT WHO REFUSED TO LEAVE THE BAR WHEN ASKED BY SECURITY TO LEAVE. TRESPASS, 94-8721, CITIZENS ARREST SIGNED BY BARTENDER ON SUBJECT WITH OUT I.D. WHO ENTERED BAR SEVERAL TIMES AFTER BEING ASKED TO LEAVE. UNWANTED PERSON, 94-7744, INTOXICATED SUBJECT WHO WAS ESCORTED FROM BAR KEPT BANGING ON OUTSIDE OF DOOR AND ATTEMPTING TO RE-ENTER BAR. BARTENDER LOCKED SUBJECT OUT AND CALLED POLICE. BARTENDER DID NOT SIGN COMPLAINT. WARRANT ARREST, 94-732, PERSON ARRESTED ON MARION COUNTY DISTRICT COURT WARRANT FOR DUII INSIDE OF BAR. WARRANT ARREST, 94-8318, KNOWN DRUG DEALER ARRESTED IN PUB ON MULTNOMAH CIRCUIT COURT WARRANT FOR PROBATION VIOLATION FOR DELIVERY CONTROLLED SUBSTANCE. 10C THE FOLLOWING DRUG REPORTS ARE IN WPD INVESTIGATIONS FILE IN DETECTIVE OFFICE AT TIME OF THIS REPORT: DRUG INVESTIGATION, 94-8889, DELIVERY OF COCAINE TO TESTIFYING AGENT INSIDE TAVERN AT 2113 HRS WHILE SEATED AT BAR. (ARREST MADE ON DCS ON 011295). DRUG INVESTIGATION, 94-8890, DELIVERY OF COCAINE TO TESTIFYING AGENT OCCURRED AT SEVEN ELEVEN AFTER MEETING SUBJECT INSIDE PUB 99 AND MAKING AGREEMENT TO MAKE PURCHASE. (ARREST MADE ON 011395 FOR DCS). DRUG INVESTIGATION, 94-9032, DELIVERY OF METHAMPHETAMINE TO TESTIFYING AGENT INSIDE TAVERN. (ARREST MADE ON 011293 FOR DCS) DRUG INVESTIGATION, 94-9160, DELIVERY OF COCAINE MADE INSIDE THE TAVERN AFTER AGENT PLACED CALL TO TAVERN AND WAS ALLOWED BY BARTENDER TO TALK TO SUSPECT. AFTER DELIVERY WAS MADE, AGENT OVERHEARD THE BARTENDER TELL THE SUSPECT TO PAY FOR HIS DRINK AND HE COULD TAKE CAR OF BUSINESS. DRUG INVESTIGATION, 94-9301, DELIVERY OF COCAINE MADE OUTSIDE OF BAR BY TESTIFYING AGENT AFTER CONTACTING SUSPECT INSIDE OF BAR. (ARREST MADE ON 011295). J.~OGG~S, DETECTIVE 12850 CRg 94-135 CAD# 94-162 PUB 99: 1032 NORTH PACIFIC HIGHWAY, WOODBURN OWNER/MANAGER: RAYMOND KRI'EGER In 1993 the Woodburn Police Department responded to a total of 24 calls for service at Pub 99. In 1992 the police department responded to a total of 20 calls for service at Pub 99. This represents a 20% increase in calls for service in 1993. 1993 calls for service are as follows. CITIZEN mrnn'r~.D ,~¥ CR# TYPE OF CALL ARREST ARREST OWNER CITIZEN POLICE 93-4633 Animal Complaint 0 NO X 93-7799 Area Check 0 NO X 93-6777 Assault with Knife 0 NO X 93-1134 As~_ult 0 NO X 93-4154 Disturbance 0 NO X 93-1141 Disturbance 0 NO X 93-4052 Disturbance 0 NO X 93-1058 Drunk Driver 1 NO X 93-8427 Fight 0 NO X 93-4202 Fight 0 NO X 93-4536 l-lamssment 0 NO X 93-6290 Hit and Run 0 NO X 93-2998 Hit and Run 0 NO X 93-6270 Hit and Run 0 NO X 93-6158 Prostitution 0 NO X 93-2796 Shots Fired 0 NO X 93-3627 Stolen Vehicle 0 NO X 93-5138 Suspicious Person 0 NO X 93-0233 Suspicious Person 0 NO X 10C 10C 93-6261 Trespass 1 YES X 93-1578 Unwanted Person 0 NO X 93-8423 Unwanted Person 0 X 93-8857 Warrant Arrest 1 NO X 93-0609 Theft 3 0 NO X Assault, 93-6777, On 09-15-93 the police responded to a man do~wn call in the parking lot of Mall 99 which is also the parking lot of Pub 99, Officer found a man with a stab wound to his head and the man refused to say what happened. The Pub 99 bartender is the one who called the police when a person went in the tavern to tell bartender to call the police. Assault, 93-1134, On 03-05-93 police received a report of a man stabbed in the neck. Officers checked and it is unknown where stabbing occurred. Disturbance, 93-4154, On 07-21-93, officer contacted a man and woman arguing in the parking lot of Pub 99. The argument was over the womans car being hotwired by another person and she just wanted her car back in running condition so she could leave. Disturbance, 93-1141, On 03-05-93 officer met complainant who had been in a verbal dispute with another person in the Pub 99. The tavern management had the person causing the argument leave. Disturbance, 93-4052, On 07-18-93 officer arrived at request of the bartender to disburse a group of people caUSing problems near the Pub 99 tavern. Officer found a loud disturbance in parking lot. Crowd left and bartender told officer that a car and its occupants were causing problems and he told them to leave and they did. Drunk Driver, 93-1058, On 02-28-93 a Molalla reserve police officer followed a drunk driver from Barlow road to the 1000 block of 99E where the driver of the car stopped and the Woodburn Police Dept. arrested driver for DUII. This did not involve Pub 99 other than location only. Fight, 93-8427, On 11-17-93 officer responded to Pub 99 at request of bartender who reported a pushing.and shoving match had occurred in the tavern but she did not know who was involved. Fight, 93-4202, 07-24-93, officer responded to the Pub on complaint of unknown problem going on in tavern. Officer did a bar check and did not ~ind any problem. Caller refused name. Harassment,93-4536, On 08-04-93 a customer had her hair pulled by another customer of the Pub. Victim did not want anyone arrested. Hit and Run, 93-6290, On 08-29-93 bartender reported she saw a vehicle hit her parked car in the Pub 99 parking lot. Officer was not able to re-locate the suspect vehicle. 10C Hit and Run, 93-2998, On 05-31-93, a customer of the Pub 99 tavern reported her car was struck by unknown vehicle while it was parked on the Pub 99 parking lot. Hit and Run, 93-6270, On 08-23-93, a person reported her car was hit by another car while it was parked at Pub 99 parking lot. Prostitution, 93-6158, officer checked out a complaint of a van parked in the rear parking lot of Pub 99 tavern and that the woman had taken several male hispanics from the tavern to the van. The officer questioned a man at the van and he said he was going to have sex with the woman but denied paying for sex. caller refused name. Shots fired, 93-2796, On 05-22-93 officer arrived on the report from the bartender of shots being fired outside the tavern. Officer found 5 22 cal. casings on the parking lot next to the north tavern wall. Bartender said she just kicked out a hispanic male and less than a minute later the shots were fired. Shots were fh'ed in the air. Stolen vehicle, 93-3627, On 06-30-93 a car was reported by a drunk man to have been stolen. He said he was too drunk to drive and parked the car at Pub 99. Police later recovered the car at Safeway store. Theft 3, 93-609, On 02-05-93 a woman told police she was inside the Pub 99 tavern and later went out to her car in the parking lot and found a set of earnings of hers was stolen from her car. Trespass, 93-6261, On 08-28-93 the bartender called police to arrest a man who had been refusing to leave after being told by the bartender to leave. A citizens arrest was made. Unwanted person, 93-1578, On 03-27-93 the police were called by bartender to remove an unwanted person who had ordered a meal and refused to pay for it. The person left the tavern and obtained a ride home. Unwanted person, 93-8423, On 11-17-93, the bartender called police to remove a female who entered the tavern with a beer can and when she was told to leave she refused. She left prior to police arriving. Warrant arrest, 93-7743, On 10-20-93 officer was at the tavern and found a man who had an outstanding warrant for his arrest. The officer arrested the man on the warrants for DCS 2 and PV DLIII. R.G. ANTOINE, SGT. 00050 PUB 99: 1032 N PACIFIC HWY, WOODBURN OWNER/MANAGER: RAYMOND KRIEGER 10C In 1992 the Woodburn PoliceDepartment responded to a total of 20 calls for service at Pub 99. In 1991 the police department responded to a total of 23 calls for service. This represents a 15% decrease in calls for service in 1992. 1992 calls for service are as follows. INITIATED BY CR# TYPE OF CALL CITIZEN ARREST ARREST OWNER CITIZEN POLICE 92-7319 Assault 4 0 NO X 92-1111 Assault Hgun 1 NO X 92-3211 Caid 0 NO X 92-3212 Caid 0 NO X 92-3066 Caid 0 NO X 92-564 Disturb Argue 0 NO X 92-2292 Fight 0 NO X 92-4667 Forgery 0 NO X 92-2561 Fugitive 1 NO X 92-7027 Furn. Liq to Minor 3 NO X 92-7123 Harassment 1 NO X 92-3803 Liq Offense 1 NO X 92-5981 Susp Person 0 NO X 92-897 Susp Person 0 NO X 92-445 Theft 1 YES X 92-353 Theft 0 NO X 92-3769 Trespass I YES X 92-3546 Trespass 0 NO X 92-3490 Trespass 0 NO X 92-2546 Trespass 0 NO X TOTALS 20 9 2. 9 4 7 Assault, 92-7319, On 11-22-92 the police responded to an assault. The officer contacted a subject who stated he went to the tavern to pick up a friend of his. Him and his friend got into a verbal argument at which time his friend struck him in the face. 10C Criminal Activity in Drugs, 92-3066, On 05-24-92 a Police Agent entered the tavern and contacted a subject inside. The subject agreed to get the Agent some Cocaine. Both the Agent and the subject left Pub 99 and drove to the Raven Inn. The subject was unable to obtain Cocaine from anyone at the Raven Inn, so th_ey drove back to Pub 99. While in Pub 99 a second subject agreed to sell the Agent twenty dollars worth of Cocaine. Criminal Activity in Drugs, 92-3211, On 05:29-92 a Police Agent entered the tavern and contacted a subject. The subject inside the tavern agreed to and sold the Police Agent one half gram of Cocaine. Criminal Activity in Drugs, 92-3212, On 05-30-92 a Police Agent entered the tavern and contacted a subject. The subject inside the tavern agreed to sell the Police Agent Cocaine. The subject and Police Agent left the tavern and drove to 1190 N. Pacific Hwy, an apartme'nt parking lot, where the agent purchased a quantity of Cocaine. Fight, 92-2292, On 04-18-92 an officer responded to the tavern on a fight. The caller refused to identify himself. On arrival the bartender was contacted and stated there was no fight occurring, only a verbal argument. Furnishing Liquor to a Minor, 92-7027, On 11-06-92 an officer made a routine bar check at the tavern. When checking the tavern he observed a person he knew only to be 17 years old drinking beer. The officer took the minor into custody for Minor on a License Premise and MIP. Both bartenders that were on duty were cited for Allowing Minor to Loiter on a License Premise, and one bartender was cited for Furnishing Liquor to a Minor. Liquor Offense, 92-3803, On 06-26-92 an Officer entered the Pub 99 in an attempt to locate a person who had been involved in a disturbance at The Pier. The officer contacted the suspect who was visibly intoxicated and had just been served by the tavern bartender. The Officer cited the bartender for serving a Visibly Intoxicated Person. COMPLIANCE PLAN WOODBURN CORNER SPORTS PUB 1320 North Pacific Highway, Woodburn, OR 97071 Effective upon Date of Opening Objective: To operate a successful local sports pub free of any drug or other unlawful activities. Plan of Action: 1. Hiring of Employees Prior to the hiring of any employees, for the opening and for continual operation, we will conduct thorough background check with previous employers, with Federal and State agencies for prior criminal offenses, and with the Department of Motor Vehicles for driving record. We will maintain a list our current employees and their job functions and make this list available to the appropriate agencies and departments. We also hope to initiate a drug testing program for current and perspective employees. 2. Employee Education We will conduct a compliance training class for all employees prior to our opening for business to cover the laws, our operation policies, and the handling of patrons involved in drug or other unlawful activities. In the future all new employees must go through the compliance training course and be certified by the management team. We will also invite the Woodburn Police Department, the OLCC, and other agencies to conduct training sessions to raise our employees' awareness on the prevention of any illegal activities and update us on any change in procedures. 3. Employee Handbook We will put in place, prior to our opening for business, an employee handbook to document our operation procedures and relevant federal, state, city and OLCC regulations. 4. Employee Su~rvision Corporate principle Ken Yee, a full time manager, and other members of the management team will supervise the employees to ensure proper rules and regulations are being enforced. Employees who violate operating policies, OLCC laws, or city and/or state laws will be terminated. 10C 10C Employee Partici.r}ation During business hours, there will be an approved manager or Ken Yee plus one employee on duty. As part of the compliance training course and included in the employee handbook is the understanding and acknowledgment by the employees that they will sign agreement to notify police of any suspected drug activities and will sign citizen arrest forms and will testify in court, if needed. 6, Warning Si_mas We will post warning signs, both in English and in Spanish in sizes no smaller than 11" by 14" against drug activity, one person in a rest room at a time, and patrons leaving and returning to premises more than once. Signs will be posted at premise entrances and in rest rooms. We will post warning signs stating that any previously 86'd patrons entering the establishment will be arrested. We will install cameras to record traffic in and out of the rest rooms, front door, the tavern counter area, and the parking lot. The cameras will be connected to a recorder which will be taping on a continuous basis during business hours. Tapes will be rotated on a weekly basis and made available to the Woodbum Police Department for their review. 8. Patron Handline We will promote a clean, comfortable, and enjoyable environment and will encourage patrons to report any suspected illegal activities to our attention. We will allow only one person in a rest room at a time, we will inform patrons that they are allowed to leave and return to the establishment no more than once daily. We will permanently bar any patrons caught in conducting illegal activities, in causing fights, disturbances and trespassing. We will keep a log of such incidents and we will also add to the incident log activities such as refusal of services, walk throughs, and field inspections. We will maintain a list of 86'd patrons. The incident log and the 86'd list will be made available to our employees so they can prevent 86'd patrons from reentering the premises. The incident log and the 86'd list will also be available for review by the Woodbum Police Department and the OLCC. 10C 9. OLCC Regulations We will strictly enforce OLCC's regulations and will provide a full compliment of food items to discourage over-consumption of alcoholic beverages. Items of food to be offered include Hamburgers, Steaks, Boasted Chicken, Fish & Chips and other items. A menu will be provided to the OLCC when available. 10. Owner and Management Participation During the first six month of operation, Ken Yee will be at the license premises no less than 20 hours weekly to monitor employees and patrons, and will be at the premises from 8:30 PM to closing on Friday night, Saturday night and two other week nights. During those nights, Ken Yee will periodically go over to the Pier to monitor the situations at the Pier. An approved manager will be on the premises in Ken Yee's place in the event that Ken Yee is not available due to unforeseen circumstances. 11, Problem Prevention Ken Yee and the management team will hold weekly meetings to discuss any problems, potential problems, and steps that need to be taken to prevent these problems from occurring again. Ken Yee and the management team will hold monthly meetings with the Woodburn Police Department command staffto review all calls for service and specific ways to minimize such calls in the future. Ken Yee will meet with the Woodburn Chief of Police on a quarterly basis to discuss problems or concerns regarding premises, patrons, or employee activities and to further monitor compliance plan. Conclusion: It is our goal to work with all appropriate departments and agencies to make the Woodburn Comer Sports Pub a clean and enjoyable establishment for law abiding citizens. It is also our intention to work with the local community to make Woodbum a clean and enjoyable town for both businesses and residents. Submitted by Reviewed by Ken L. Yee Corporate Principle Woodbum Comer Sports Pub February 10, 1995 Ken Wright Chief of Police Woodbum Police Dept. February 10, 1995 c :~&$ WORK S'~OL C CCOM2. WP$ QODBURN POLICE DEPART14ENT 'nctdent Reoo[~c Distribution: Records lOC 5-000265 Connect # -000337 - - IQUOR LICENSE eported Date/T/me: 01/13/95 1424 hfs ccurred Date/T/me: 01/13/95 1424 hfs to / / ocatton: 1032 N PACIFIC HW 0000 hfs WOODBURN,OR Grid: 301 nvolvedperson: YEE,KEN LANG DOB: 06/07/59 Age: 35 AM Hgt: 5'06" Wgt: 120 6595 HUNTINGTON CR SE , SALEM,OR Phone: (503)362-3629 Type: Home OLN: 2326139 (OR) SSN: 541-92-4986 Employer/School: YEE, INC. avolved person: YEE,HARCUS K DOB: 10/24/57 Age: 37 AM Hgt: 5'08" Wgt: 160 37 WALLACE ST , SOHMERVILLE,MA Phone: (617)776-7125 Type: Home SSN: 544-72-9094 Employer/School: STOCK HOLDER YEE, INC %volved person: YEE,TERRENCE FU DOB: 10/01/62 Age: 32 AM Hgt: 5'07" Wgt: 140 333 SURREY PL , MACUNGIE,PA Phone: (610)967-5958 Type: Home SSN: 541-92-1481 Employer/School: STOCK HOLDER YEE, INC ~porting Officer: JOHN E CO~INS#12850 Case status/Date: D 01/13/95 Approved: Page I 10C 95-000265 nvoived person: YEE,KATHY CHAU DOB: 09/13/34 Age: 60 WP Hgt: 5'02" Wgt: 130 1920 SPICETREE LN SE, SALEM,OR Phone: (503)581-3196 Type: Home SSN: 542-72-8833 Employer/School: STOCK HOLDER YEE INC nvolved person: YEE,JONG CHAU DOB: 09/10/34 Age: 60 Hgt: 5'03" Wgt: 120 1920 SPICETREE LN SE, SALEM,OR Phone: (503)581-3196 Type: Home SSN: 544-82-5060 Employer/School: STOCKHOLDER YEE INC nvolvedperson: MIKKELSEN,MYRON LEE DOB: 03/18/48 Age: 46 Hgt:-5'11" Wgt: 245 295 CLEVELAND ST , MT ANGEL,OR Phone: (503)845-6521 Type: Home SSN: 469-52-2731 Employer/School: MANAGER,CORNER SPORTS PUB asiness: RAY'S SPORTS BAR 1032 N PACIFIC HW , WOODBURN,OR Phone: (503)982-9295 Type: Business Employer/School: PRESENT BUSINESS TRADE NAME ~siness: WOODBURN CORNER SPORTS PUB 1032 N PACIFIC HW , WOODBURN,OR Phone: (503)982-9295 Type: Business Employer/School: NEW TRADE NAME miness: YEE, INC Employer/School: CORPORATION NAME ~porting Officer: JOHN E COGGINS #12850 Page 2 95-000265 10C PLAZA RESTAURANT AND LOUNGE 951 N FIRST ST , STAYTON,OR Phone: (503)769-5899 Type: .usiness: THE PIER 980 N PACIFIC HW , WOODBURN,OR Phone: (503)981-7112 Ty~e: Business usiness: BLUE WILLOW RESTAURANT 1985 LANCASTER DR , SALEM,OR Phone: (503)581-3067 Type: Business usiness: WILLOW AT BATTLE CREEK 6161 COMMERCIAL SE , SALEM,OR Phone: (503)588-2880 Type: Business ~eporting Officer: JOHN E COGGINS #12850 Page 3 ,ACKGROUND INVESTIGATION (STOCKHOLDER'S AND MANAGER): EE,KEN LANG-VALID OREGON OPERATORS LICENSE. CRIMINAL HISTORY :HOWS AN ARREST IN 1990 IN SALEM FOR ASSAULT IN THE 4TH DEGREE AND 'IOLATION OF A RESTRAINING ORDER. THE DISPOSITION SHOWS THE IOLATION OF A RESTRAINING ORDER CHARGE WAS DISMISSED. THE ISPOSITION OF THE ASSAULT FOR SHOWS CONVICTED IN 1990 OF iISDEMEANORHARASSMENT WITH THAT CHARGE BEING DISMISSED IN 1991 AS RESULT OF A DIVERSION. EE,TERRENCE-NO OREGON DRIVERS LICENSE. CURRENTLY LIVES IN ACUNGIE MA. NO OREGON OR MA. CCH SHOWN. NO CRIMINAL HISTORY FOUND N MA. EE, KATHY- VALID OREGON OPERATORS LICENSE. NO OREGON CRIHINAL ISTORY. EE,JONG-VALID OREGON OPERATORS LICENSE. ISTORY. EE,MARCUS-NO OREGON OPERATORS LICENSE. NO OREGON CRIHINAL NO OREGON CRIMINAL ISTORY. CURRENTLY LIVES IN SOHMERVILLE MA. NO CRIHINAL HISTORY OUND IN MA. IKKELSEN,MYRON-VALID OREGON OPERATORS LICENSE. CONVICTED IN 1973 OR DUII. REGON LIQUOR CONTROL COMMISSION: 122994 O.L.C.C. GAVE A LETTER OF WARNING TO THE BATTLE CREEK ESTAURANT AND LOUNGE FOR A SERVICE PERMITTEE SERVING AN NTOXICATED PERSON. THIS VIOLATION OCCURRED ON FEBRUARY 4TH 1995. OTHER VIOLATIONS WERE NOTED FROH O.L.C.C. ON ANY OF THE INVOLVED USINESSES. 3RPORATION COMMISSION: IST'S YEE, INC. AS AN ACTIVE OREGON CORPORATION AS OF 122894. 3ENT SHOWN AS STEPHEN T. TWEET. [ST'S JO-EL, INC. AS AN ACTIVE OREGON CORPORATION AS OF 121891. /RRENT PRESIDENT AND SECRETARY AR~ SHOWN AS KEN YEE. [ST'S BATTLE CREEK RESTAURANT AND LOUNGE INC., ACTIVE OREGON }RPORATION ACTIVE AS OF 030978. [ST'S BLUE WILLOW RESTAURANT INC., ACTIVE OREGON CORPORATION AS 110273. 95-000265 10C ~UIFAX: ,,~porting Officer: JOHN E COGGINS #12850 Page 4 10C ,N 021595 I CONDUCTED AN EQUIFAX CHECK OF LISTED INVOLVED PERSONS /N THE APPLICATION, THERE WERE NO DISCREPANCIES FOUND. .ETTER BUSINESS BUREAU: O INFO ON EITHER CORNER SPORTS PUB, PUB 99, THE PIER OR THE WILLOW T BATTLE CREEK, BLUE WILLOW RESTAURANT INC OR THE PLAZA RESTAURANT ND LOUNGE. .ANKRUPTCY COURT: 'O LISTING IN FEDERAL BANKRUPTCY COURT FOR THE DISTRICT OFOREGON 'OR ANY OF THE LISTED STOCKHOLDERS OR MANAGER. HURCH OF CHRIST-1560 HARDCASTLE ST. PASTOR/BILL PARK DVISED THAT TO HIS KNOWLEDGE THEY HAVE HAD NO CONTACT WITH ANYONE ROM THE PUB. HAD NO OPINION REGARDING THE RENEWAL/TRANSFER OF WNERSHIP. ICE AS NEW-1022 N. PACIFIC HWY-DEBBIE MARSHALL OES NOT FEEL THAT THIS LOCATION IS AN APPROPRIATE PLACE FOR A BAR. TATED THAT SHE HAS SOME CUSTOMERS WHO ARE UNCOMFORTABLE WITH THE LIENTELE THAT HANGS AROUND THE MALL BECAUSE OF THE BAR. 95-000265 EN FRANKLIN CRAFTS-990 N. PACIFIC HWY-GENE BECK R. BECK IS OPPOSED TO THE ISSUANCE OF A LICENSE TO ANY LIQUOR STABLISHMENT IN THE MALL AREA. HE STATED THAT ME WOULD ALSO BE PPOSED TO THE ISSUANCE OF ANY TYPE OF ALCOHOL LICENSE OR PERMIT TO HE PREVIOUS OWNER OF THE PUB RAY KREIGER AT ANY LOCATION IN THE ITY OF WOODBURN AGAIN. ~B T.V.-NANNETTE MILLER DVISED HAS HAD NO DIRECT CONTACT WITH THE PUB OR ITS CLIENTELE. DVISED THAT THEY HAVE HAD PROBLEMS WITH PEOPLE HANGING AROUND EHIND THEIR BUSINESS PARTYING AND FEELS THAT THIS IS A RESULT OF HE BAR. FEELS THAT THIS LOCATION WOULD BE MORE APPROPRIATE FOR A USINESS OTHER THAN A BAR. ULLDOG VIDEO-JOHN MELENDEZ- I HAVE ATTEMPTED CONTACT WITH MR. ELENDEZ ON TWO OCCASIONS AND LEFT MESSAGES ASKING FOR HIM TO ONTACT ME. I HAVE HAD NO CONTACT. ACO TIME-1090 N. PACIFIC HWY-KELLY,JANICE TATED THAT SHE LIVES IN SALEM AND THAT THE PUB HAS A BAD EPUTATION EVEN IN SALEM. STATED THAT THEY HAVE HAD PROBLEMS IN HEIR PARKING LOT (FIGHT'S, PUBLIC URINATION AND INTOXICATED EOPLE) THAT SHE FEELS IS A DIRECT RESULT OF THE BAR. STATED THAT ER EMPLOYEES ARE AFRAID TO WALK OUT TO THEIR CARS AT NIGHT. OTO HAGIC-1083 N. PACIFIC HWY-KOLLER,ELIZABETH TATED THAT SHE AND HER HUSBAND MOVED THEIR BUSINESS FROM THE MALL EVERAL YEARS AGO TO ITS PRESENT LOCATION AND THAT ONE OF THE ~ASONS THEY MOVED WAS DUE TO THE PROBLEMS AT THE PUB. STATED THAT Reporting Officer: JOHN E COGGINS #12850 Page 5 ~HE FEELS THAT THE MALL IS AN INAPPROPRIATE PLACE FOR A BAR. ~OUNTRY STORE-1740 HARDCASTLE ST. JAMES T. RADLEY :TATED THAT HE IS OPPOSED TO ANY CHANGE OR THE GRANTING OF ANY .ICENSE TO THE PUB BUILDING. MR. RADLEY STATED THAT SINCE THE PUB AD BEEN CLOSED IN JANUARY THAT HE HAS NOT SEEN ANY CRIMINAL CTIVITY IN THE AREA. HE ADVISED THAT THE NEIGHBORHOOD HAD CHANGED OR THE GOOD SINCE THE CLOSING AND THAT THE PUB HAS BEEN AT THIS .OCATION WITH A BAD NAME FOR SO LONG THAT GIVING IT A NEW SUIT AND · 'AME IS NOT GOING TO CHANGE IT. ACTORY SURPLUS-1002 N. PACIFIC HWY-BOB O'CONNELL R. O'CONNELL STATED THAT HE THINKS IT IS A GOOD IDEA FOR MR. YEE O TAKE OVER THE BUSINESS AT THE PUB AS HE THINKS THAT MR. YEE CAN LEAN THE PLACE UP FROM WHAT HE HAS SEEN AT THE PIER. N 02-15-95 I COMPLETED A BACKGROUND INVESTIGATION FOR A CHANGE OF WNERSHIP APPLICATION FORT HE PUB 99 TAVERN WHICH IS NOW C~T,T,ED THE ORNER SPORTS PUB. THE APPLICANT IS A CORPORATION CALLED YEE, INC. HERE ARE FIVE STOCKHOLDERS IN THE CORPORATION WHICH I COMPLETED ACKGROUNDS ON. ALSO ATTACHED TO THE APPLICATION WAS THE NDIVIDUAL HISTORY OF THE APPLICANTS CURRENT MANAGER WHOM I ALSO OMPLETED A BACKGROUND INVESTIGATION ON. TOCKHOLDER KEN YEE WHO IS LISTED ON THE APPLICATION AS THE EPRESENTATIVE OF YEE, INC. ADVISED HE THAT HE IS CURRENTLY THE WNER OF THE PIER RESTAURANT AND LOUNGE IN WOODBURN AND IS ALSO A TOCKHOLDER IN THE WILLOW AT BATTLE CREEK IN SALEM. THE ORPORATION COMMISSION SHOWS KEN YEE TO BE THE ACTIVE PRESIDENT AND ECRETARY OF THE CORPORATION. N DOING A NEIGHBORHOOD CANVASS, I FOUND THAT MR. YEE HAS ERSONALLY CONTACTED NUMEROUS BUSINESSES IN THE AREA REGARDING HIS URCHASING THE BUSINESS. ATTACHED IS A LISTING OF THOSE PERSONS DNTACTED THAT WANTED TO MAKE A STATEMENT REGARDING THE TRANSFER OF ~NERSHIP. TALKED WITH MR. YEE REGARDING HIS INVOLVEMENT IN LISTED $SINESSES (THE PIER RESTAURANT AND LOUNGE WOODBURN, THE PLAZA ESTAURANT AND LOUNGE STAYTON, THE WILLOW AT BATTLE CREEK SALEM, IE BLUE WILLOW SALEM AND THE CORNER SPORTS PUB WOODBURN. MR. YEE )VISED ME THAT THE PIER RESTAURANT AND LOUNGE IN WOODBURN IS {NED ONLY BY HIM. THE WILLOW AT BATTLE CREEK IS INCORPORATED AND ~LD BY CORPORATE OFFICERS KEN YEE, JONG YEE AND KATHY YEE. THE £LLOW AT BATTLE CREEK INC., IS A RESTAURANT AND LOUNGE WITH ONLY {E RESTAURANT OWNED BY THE WILLOW AT BATTLE CREEK INC. MR YEE FATED THAT HE IS ON THE LIQUOR LICENSE SO THAT ALCOHOL CAN BE ~RVED IN THE RESTAURANT. THE BLUE WILL RESTAURANT INC., IS A )RPORATION HELD BY THE SAME LISTED FIVE CORPORATE OFFICERS AS THE ~PLICANT. THE PLAZA RESTAURANT AND LOUNGE INC., IS A CORPORATION {LD BY THE SAME CORPORATE OFFICERS AS APPLICANT. ~. YEE ADVISED ME THAT MIS PARENTS KATHY AND JONG YEE WILL HAVE {E PRIMARY RESPONSIBILITY FOR RUNNING THE BLUE WILLOW RESTAURANT ~) LOUNGE AS WELL AS THE PLAZA RESTAURANT AND LOUNGE IN STAYTON. 95-000265 10C ~eporting Officer: JOHN E COGGINS #12850 Page 6 10C E STATED THAT HE WILL BE RESPONSIBLE FOR RUNNING THE CORNER SPORTS 'UB AND THE PIER IN WOODBURN AND THAT HE IS ATTEMPTING TO SELL THE' ILLOW AT BATTLE CREEK AT THIS TIME. N FEBRUARY 15TH 1995, I SPOKE WITH KATHY AND JONG YEE BY ELEPHONE. BOTH ADVISED ME THAT THEY ARE STOCKHOLDERS IN THE ORPORATION PURCHASING THE CORNER SPORTS PUB. THEY STATED THAT HEY WOULD HAVE NO ACTUAL INVOLVEMENT IN THE DAILY OPERATIONS OF HE CORNER SPORTS PUB. KATHY JONG TOLD ME THAT SHE EXPECTED ANY ROFITS FROM THE BUSINESS TO GO BACK INTO THE CORPORATION. S OF FEBRUARY 15TH 1995, I HAVE NOT MADE CONTACT WITH TERRENCE OR ~RCUS YEE. 95-000265 ..~porting Officer: JOHN E COGGINS #12850 Page 7 OREGON LIQUOR CONTROL COMMISSION P.O. Box 2229;' Portland, Oregon 97222 10C LICENSE HEADING: ~ees ~OODBURN CORNE~ ].03~ ~. Pacific Mailing Address (if different) SPORTS Hwy., 97071 TEMPORARY. AUTHORITY TO OPERATE Date Ja~a~y 6~ 1995 Processing Fee Paid $~5 PUB (Inck~s Serve¢ Education fee)( ~r'~lll~ Date&Receipt#.l~84 on 1-$-95 License Fee Paid $ Receipt # &F.'£Ai[, MAL'i' BEV~GE TYPE OF LICENSE Authority to Operate pending receipt of formal License Certificate effective :; 90 Day Temporary Authority from .; :,..u ~; .. ~' ' · -' to Restrictions For the Director REGULATORY PROCESS DIVISION ACKNOWLEDGEMENT FOR 90-DAY TEMPORARY AUTHORITY TO OPERATE · Granting of this authority does not obligate the Oregon Liquor Control Commission to issue a permanent license. · The Commission may revoke this authority without prior administrative proceedings for any of the grounds listed in ORS 471.295 or ORS 471,315. I have receive0 copies of these laws. Applicants who spend or commit money with only a Temporary Authority to Operate do so at their own risk. On behalf of the applicant, I acknowledge that I have read the {hree notices above: Original 1 st Copy 2nd Copy 3rd Copy 4th Copy White~L.icensee Green~HQ Cashier Canary--HQ Cashier Pink--Regional copy Goldenrod--Local OLCC office 1OD MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator ~ Status of Danqerous Buildinq COld Salud Bldq.! February 23, 1995 At the conclusion of the February 13, 1995 Council meeting, following Executive Session, the Council passed a motion to delay any action on the Salud Medical building at 347 N. Front St. until the February 27th Council meeting. Subsequently, a workshop session was held on February 15, 1995 with the mayor and four councilors in attendance, along with representatives of Salud, FHDC, the Rural Economic & Community Development Service (formerly FmHA) and Coldwell Banker Real Estate. A number of different ideas and concepts were discussed regarding how to deal with the dangerous building in a manner that would be a "win/win" situation for all parties. The resulting concensus among the councilors, based on the workshop discussion, appeared to be that another month (following the Feb. 27, 1995 Council meeting) would be merited to allow Salud to pursue some of the ideas generated at the workshop. Please refer to the workshop minutes in this regard. Technically, based on the February 13th motion, some type of Council action is necessary at the February 27th meeting. Based on the concensus from the workshop, the Council should consider a motion to again defer action on the Salud building until the March 27, 1995 meeting (28 calendar days), or some other date certain. 15A TO: Mayor and City Council FROM: Chris Childs, City Administrator Citywide Cleanuo Day February 22, 1995 SUBJ.: DATE: We have been advised that the annual "Citywide Cleanup Day", sponsored by United Disposal Service, has been scheduled for ~ and Sunday, March 18 and March 19. 199§. The cleanup program will be similar to that conducted in years past. Drop boxes will be located in the following locations on those two days: 1. South Settlemier parking lot (Settlemier Park) 2. Alexandria Ave. (behind city shop complex) 3. West Woodburn (Burlingham Park) 4. Downtown parking lot (adjacent to Post Office) 5. Senior Estates Clubhouse parking lot United Disposal may have a representative on-site at each location to verify city residency and to ensure that materials being dumped consist of vsrd debris only. This is, unfortunately, a result of problems and abuses encountered in past years. Questions concerning the Citywide Cleanup Day should be directed to United Disposal Service at 981-1278. 15B MEMO TO: FROM: City Council through City Administrator Public Works Program Manager .,~---~ SUBJECT: Mill Creek Lift Station Pump Update DATE: February 23, 1995 One of the three pumps at Mill Creek lift station is continuing to be a maintenance problem. On February 16 adjustments made to the pump had alleviated the vibration problems that had been reported to council on February 13. At that time the pump was operational. On February 21, staff was informed that treatment plant maintenance personnel found that one of the new bearings that had been replaced when the pump shaft broke in January had failed. The shaft was removed and returned to the pump supplier. They found that the machining of the new shaft had left it too large for the bearing and that this had caused the failure. The supplier indicated that the incorrect machining was their responsibility and are correcting the problem at no charge to the city. Treatment plant personnel should have the shaft reinstalled on Friday, February 24. An update will be provided council on February 27. This incorrectly machined shaft may have been the source of the previous vibration difficulty. There are still two operational pumps at the lift station. These pumps will handle anticipated pumping demands but there is no backup available with the third lift station pump out of service. 15C CITY OF WOODBURN POLICE DEPARTMENT 270 Montgomery Street Woodburn, Oregon 97071 Paul E. Null~ Patrol Operations Lieutenant Date: February 22, 1995 To: Chris Childs, City Administrator Mayor and City Council Subject: St. Patrick's Day Parade - Permit 982-2345 Ext. 352 On February 10, 1995, the Woodbum St. Patrick's Day Committee Inc. made application to the Woodbum Police Department for a parade permit. The parade will be held on March 18, 1995 at 11:00 a.m. The parade route will be the same as last year, starting at Bi- Mart parking lot on Mt. Hood Ave., traveling south on Hwy. 99E, and ending at Cleveland St. The applicant has received approval from the Oregon Department of Transportation to use the state highways, and has provided ODOT with a signed release of liability for the parade. On February 10, 1995, Chief Ken Wright administratively approved the request and issued a parade permit. As in the past, the Woodbum Police Department will be working in conjunction with the Street Department in providing traffic control for the event.