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Agenda - 04/25/1994 CITY OF WOODBURN 270 MONTGOMERY STREET ,0,~, WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL APRIL 25, 1994 - 2.'O0 P2VI. A. City Council minutes of April 11, 1994 regular meeting and April 13, 1994 workshop meeting. 3A PRESENTATIONS: Woodburn Public Library Employee of the Year: Mary Parra ANNOUNCEMENTS: May 4, 1994, 7:00 p.m. - Ballet Folklorico De Woodburn, sponsored by Friends of Woodburn Library, French Prairie Middle School Gymnasium. May 10, 1994, 7:00 p.m.- Woodburn Public Library Slide/lecture program by artist John Pitcher PROCLAMATIONS: Public Works Week in Woodburn, May 16 - 21, 1994. 4¢ D. APPOINTMENTS:. Beverly Koutny to the RSVP Advisory Board. A. Chamber of Commerce B. Other Committees A. Written (This allows public to introduce items for Council consideration not already scheduled on the agenda.) A. Vacation of Country Club Road east of Boones Ferry Road. Page 1 - Woodburn City Council Agenda, April 25, 1994. 10. A. Council Bill No, 1537 - Resolution extending contract with cable television consultant. A. Contraet award: water pipe. Request for sound amplification permit: C/nco De Mayo Celebration May 5, 1994 at Chemeketa Community College. Request from Centro Cultural for sound amplification permit and street closure for C/nco De Mayo Celebration in downtown city parking lot. 10A 10B 10C 1OD 16. 17. Bi-Mart/Kmart traffic signal status. Towing ordinance update. Memorandum Opinion - Ex parte contacts and land use visits in land use cases. Meeting pertaining to neighborhood associations. Appeal of Site Plan//94-01/Variance//94-03 (Sandwich Express). F. Removal of health hazard due to septage water. To conduct deliberations with persons designated by the governing body to negotiate real property transactions. ORS 192.660(1)(e). 15A 15C 115E 15F Page 2 - Woodburn City Council Agenda, April 25, 1994. TAPE READING 0001 0010 0030 0042 OO75 COUNCIL MEETING MINUTES April 11, 1994 DATE. 'COUNCIL'CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF M~RION, STATE OF OREGON, APRIL 11, 1994. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. ROLL C______~L. Mayor Kelley Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Mitchell Present Councilor sifuentez Present Staff Present: city Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police chief Wright, Public Works Manager Rohman, Library Director Sprauer, Finance Director Gritta, city Recorder Tennant MINUTES. JENNINGS/FIGLEY... approve the Council minutes of March 28, 1994; accept the Planning Commission.minutes of March 24, 1994 and the Library Board minutes of April 5, 1994. The motion passed unanimously. ANNOUNCEMENTS :, A workshop has been scheduled between the Council and Woodburn School District for Wednesday, April 13th, 7:00 p.m., City Hall, for the purpose of discussing items of mutual concern. The swimming Pool Committee will hold an Open House at the Community Center on Saturday, April 16th, at 12:00 noon. As part of Public Safety Telecommunicators Week, a 9-~-1 Intergovernmental Display will be set-up at Walmart Oh Saturday, April 16th. A Council worksh, op will also be held on April 19th, 7:00 p.m., City Hall, to d~scuss wastewater issues with the Wastewater Advisory Committee. The Transportation Task Force will meet on Thursday, April 21st, 7:00 p.m., at Woodburn city Hall. PROCLAMATIONS.. (1) Mayor Kelley proclaimed April 10 - 16, 1994 as Public Safety Telecommunicators Week. (2) Mayor Kelley also proclaimed April 17 - 23, 1994 as National Library Week. Page 1 - Council Meeting Minutes, April 11, 1994 COUNCIL MEETING MINUTES April 11, 1994 3A TAPE READING 0086 CHAMBER OF COMMERCE REPORT.. Gerry Bosch, Chamber representative, advised the Council of the following events: (1) Monthly Chamber forum will be held on April 15th, 12:00 noon, at Yum Wah's Restaurant. Guest speaker will be a member of the Woodburn School Board. (2) Casino night will be held on April 22nd at the WoOdburn Fire Department. Tickets are still available for this annual fundraiser. (3) The Greeter's program is an on-going Friday morning activity in which Chamber members visit a local business between 7:30 a.m and 8:30 a.m.. 0132 0159 0186 0254 WOODBURN COMRBACK C~MP&IGN. Councilor Figley stated that the group will be meeting on Wednesday, April 13th, 6:00 pm, to discuss the direction the Committee will take in the future. Citizens are invited to the meeting to provide input regarding this on-going program. DETT-~R FROM OREGON DEPT. OF VETERAN'S ~FFAIRS,.. Mayor Kelley stated that he had just received a letter from Lyle Frazier, Project Director, Oregon Veteran's Home, advising the City that, following the initial evaluation of applications, the City's application was not among the final proposed sites. Barbara Lucas, 214 E. Clackamas C1, stated that SENA had filed a Notice of Appeal with the City, however, they had not been notified of this meeting. Community Development Director Goeckritz stated that, procedurally, the Council needs to review the appeal and, if applicable, set a hearing date for the appeal. Once the date is set, all interested parties will be contacted in addition to the required legal publication. Ms. Lucas also questioned the staff report regarding%- Neighborhood Associations since she was under the impression that a workshop would be held on this issue. Director Goeckritz stated that he had provided a staff report to the Council and it is their decision as to what the next step should be. COUNCIL BILL ~535 - RESOLUTION ENTERING INTO A PROFESSIONAL ~GR~_NT FOR BOND COUNSEL SERVICES. Council Bill 1535 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. It was noted that Attorney Richard Roberts has served as the city's Bond Counsel for many years. On roll call vote for final passage, Council Bill 1535 passed unanimously. Mayor Kelley declared the bill duly passed. Page 2 - Council Meeting Minutes, April 11, 1994 TAPE READING 0305 0339 0366 0419 COUNCIL MEETING MINUTES April 11, 1994 3A COUNCI~ BILL 1535 - RESOLUTION AUTHORIZING A MEMOIt~NDUM OF UNDERSTANDING WITH THE OREGON NATIONAL GUARD (Ganq Enforcement Services}. Council Bill 1536 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Jennings expressed his appreciation to the National Guard for their continued funding of this program. On roll call vote, the motion passed unanimously. Mayor Kelley declared Council Bill 1536 duly passed. NOTICE OF app~an - B~KER/BROWN (Site Plan Review ~94-01 and variance #94-03), An appeal of the Planning Commission's decision was filed by Attorney Wallace Lien on behalf of the Senior Estates Neighborhood Association (SENA) within the 10 day filing period as required by the City's zoning ordinance. JENNINGS/FIGLEY .... staff be directed to set a public hearing date a the earliest time permitted by Oregon law and order that the Planning Commission certify and transmit to the Council its complete record in these cases. The motion passed unanimously. WAR N~OR!~L pOOL - STATUS OF OPERATION. A staff memo to the Park Board provided various options available to the City regarding pool operations for 1994. After reviewing the options, the Park Board voted to approve the permanent closure of the pool in order to insure a sufficient level of appropriations to operate for 3 full months in fiscal year 1994-95. JENNINGS/SIFUENTEZ .... support the position of the Park Board and the swimming pool not be opened this summer. The motion passed unanimously. Administrator Childs stated that the Park Department will use some of the remaining portion of the 1993-94 pool budget to provide alternative recreational programs for youth this summer. B~SKETBALL HOOPS WITHIN THE pUBLIC RIGHT-OF-WAY. Administrator Childs had prepared a memo to the Council which recommended that letters be sent to occupants of residents that have basketball hoops requesting voluntary compliance of removal or relocating the basketball hoop to an area outside of the public right-of-way. Councilor Jennings reiterated that even though he is taking an active part on having the basketball hoops removed from the right-of-way, this issue was initiated by complaints from constituents concerned about the safety of children who play basketball in the streets. Discussion was held regarding the letter which only requests for voluntary compliance. In addition, it addresses the Page 3 - Council Meeting Minutes, April 11, 1994 TAPE READING 0722 0735 0751 COUNCIL MEETING MI~F~TES April 11, 1994 A possibility of receiving a citation for Disorderly Conduct if traffic is impeded which carries a maximum penalty of 6 months in jail and/or a $5,000 fine. It was noted that sending a letter requesting voluntary was a discretionary action on the part of the Council for tort liability purposes. Mayor Kelley advised the Council that the two parties involved in the dispute on Joyce Street have agreed to work on their differences through the Neighbor to Neighbor program. Discussion was also held on alternative areas for children and/or adults to play basketball since safety is a major concern of the City. Mayor Kelley also expressed his opinion that there are times that problems can be solved within neighborhoods through better communications rather than the enactment of new laws. JENNINGS/MITCHELL .... staff send out the letter included as Exhibit A to occupants of all residences identified by staff which have basketball hoops located in street right-of-way. The motion passed unanimously. ACCEPTANCE OF STORM SEWER EASEMENT. A storm sewer easement has been signed by the Joseph Ziebart, Ziebart Homes, Inc., for the purpose of providing additional storm water runoff storage during a 100-year storm event. The easement is within Lot 7 of the platted Ziebart Addition. JENNINGS/HAGENAUER .... storm water retention easement from Ziebart Homes, Inc., be accepted. The motion passed unanimously. BID AWARD - ABOVE GROUND FUEL TANK, Bids for a 1100 gallon above-ground fuel tank to be located at the Wastewater plant were received from the following vendors: NW Pump and Equipment, $4,304.34; C & K Petroleum Equipment Co., $6,790.26; Ace Tank, $10,735.59; Northwest Construction, $14,613.00; and Diversified Mechanical, $17,601.00. Staff recommended the acceptance of the bid from C & K Petroleum Equipment since the low bidder did not include the cost of labor within their bid which was part of the specifications. HAGENAUER/JENNINGS .... accept the bid from C & K Petroleum Equipment in the amount of $6,790.26. The motion passed unanimously. INTERAGENC¥ GANG INTERVENTION PROGRAM GRANT ~PPLICATION. The Police Department requested authorization to submit a grant application to the Edward Byrne Memorial Grant Program for federal assistance in funding an interagency gang intervention program. The purpose of the grant is to reduce juvenile crime rate and gang activity and to provide a community-wide education and assistance program involving gang members and their families. If the grant is approved for funding, the City would hire two Gang Intervention Specialists with matching funds to supplement the grant being paid by the Page 4 - Council Meeting Minutes, April 11, 1994 TAPE READING 0776 0807 0835 1028 COUNCIL MEETING MINUTES April 11, 1994 3A City, ~oodburn School District, and Marion County Juvenile Department. The City's match amount for budget year 1994-95 would be $12,200. JENNINGS/FIGLEY... application be submitted to the Edward Byrne Memorial Grant Program in the amount of $104,596.00. The motion passed unanimously. REQUEST FOR STREET CLOSURE - MONTGOMERY STREET. Library Director Sprauer requested that, on April 20, 1994, the Council restrict parking on Montgomery Street between First and Second Street from 6:00 AM to 6:00 PM and close the same street area between 3:00 PM and 6:00 PM for the purpose allowing a skateboard performance by local teens. This activity is in conjuctlon with the National Library Week and the opening of the City's "Teen Center" in the Library. JENNINGS/FIGLEY .... restrict parking and close Montgomery Street between First and Second Streets on April 20, 1994 as requested by staff. The motion passed unanimously. CLAIMS ~OR THE MONTH OF MARCH 1994. SIFUENTEZ/GALVIN .... approve payment of voucher checks ~22042 - 22451 for the month of March 1994. The motion passed unanimously. Preston Tack, 2197 Camilla Way, read a letter, signed by Gilbert Flaugher and himself, to the Council regarding citizen involvement. They encouraged more public participation and suggested that all communications to the Council be either read or summarized, staff reports be summarized and Council discussion be held on each item, proposed ordinances be published to allow citizen review and/or public hearings, and distribution of a bi-weekly newsletter or postcard outlining agenda items. ST~FF REPORTS. (1) Discussion Paper on Neighborhood Associations --.. Councilor Figley stated that she would be interested in a workshop, however, she would like the workshop to include Planning Commission members and staff members from the City of Salem and Portland who work with Neighborhood Associations in order to obtain as much information as possible about associations before making any decision on this issue. Councilor Sifuentez also felt the need to invite the Planning Commission since so many of the issues currently being discussed by SENA are related to growth and development. Discussion was held regarding the need to obtain information and yet not centralize the discussion on a site specific basis. In regards to setting a date for the workshop, JENNINGS/FIGLEY .... staff report back at the next meeting with a recommended date for the workshop. The motion passed unanimously. Page 5 - Council Meeting Minutes, April 11, 1994 TAPE READING 1500 1530 COUNCIL MEETING MINUTES April 11, 1994 3A (2) A~t Print Donation - In a memo'from the Library Director, it was noted that Dr. Larry Davis has donated another 49 numbered art prints framed to museum standards. Many of the prints are by artist John Pitcher and plans are being made to have Mr. Pitcher present a program at the Library on May 10, 1994 at 7:00 p.m.. (3) Tree Maintenance on Stacy Allison Road - In Public Works Director Tiwari's memo, he stated that his review of the city ordinance and agreement with the property.owner of Barclay Square indicates that the property owner Is responsible for the maintenance of the trees. However, the city would be required to pay $500 per tree if it is determined that the tree died because of the project excavation and root damage within five years of the project. (4) Jail Inspection Report - The city's jail facility was inspected by the State Corrections Department and the report is on file in the Police Department. (5) United Disposal Service - Between March 25 - 27, 1994, dumpsters were made available at numerous sites within Woodburn to allow residents an opportunity to clean-up their yard and dispose of the debris at no charge to the residents. (6) Final official Results of the March 22, 1994 bond issue levy as certified by the Marion County Elections Division. Councilor Mitchell stated that the Wastewater Advisory Committee is planning on an Open House for June 6, 1994 at which time they will review wastewater alternatives with interested citizens and provide tours of the current wastewater facility. Councilor Figley questioned staff progress in reducing the amount of vehicular traffic that uses the abandoned gms station as a bypass to Rainier Road. Public Works Director Tiwari stated that there has been enough activity in that area lately (development proposal and real property negotiations) that he felt this issue should be addressed after the negotiations are completed. He stated that he had not approached Mr. Baker or Mr. Brown regarding the barricading of the entrance to their property. Councilor Figley expressed her concern that the problem continues to exist and she feels for the property owners (Mr. & Mrs. Thomas) who have had to put up with this situation for a long period of time. In any event, she did not want the issue to be dropped by the City. Director Tiwari stated that the city could 1) talk to the property owners of the gas station about the installation of a barricade or 2) city barricade the lot. He reassured Page 6 - Council Meeting Minutes, April 11, 1994 TAPE READING 1815 COUNCIL MEETING MINUTES April 11, 1994 Counciior Figley that some sort of action would be taken within the next couple of months. Councilor Jennings felt that the issue was important and the Thomas's should receive some assistance from the City in reducing and/or eliminating the problem. He also suggested that the State Highway Department cover the traffic signal which is located on the south side of the Oregon Way ':. intersection to deter motorists from using the private driveway as a public roadway. Councilor Figley informed the public that the donation made by United Disposal Service for the drop boxes amounted to $25,854.83. She stated that United Disposal Service continues to show their generosity by providing this service once each year free to the residents of Woodburn. Councilor sifuentez stated that the Swimming Pool Committee will continue to sell bricks and tiles over the next several months. In addition, they are planning other fundraisers to generate more dollars to offset the pool construction costs. ~DJOURNMENT. JENNINGS/FIGLEY .... meeting be adjourned. unanimously. The meeting adjourned at 7:59 p.m.. The motion passed APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, April 11, 1994 TAPE READING 0001 OOO3 0077 COUNCIL WORKSHOP MEETING MINUTES April13,1994 3A DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 13, 1994. CONVENED. The Council met in a workshop session at 7:00 p.m. with the Woodburn School Board. -. ROLL CALL. Mayor Kelley Absent Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Absent Councilor Mitchell Absent Councilor Sifuentez Present Staff Present: City Administrator Childs, Finance Director Gritta, Community Development Director Goeckritz, Police Chief Wright, City Recorder Tennant Woodburn School Board members: Jody Fischer, Eloisa Chaudhary, Jim Pippert, Marshall Hankerson School District Staff: Dr. Keith Robinson, Pete McCallum, Ruthann Audritsh, Rene Woodward Also Present: John Catterson Following introductions of individuals present at the workshop, Jody Fischer, School Board Chairman, stated that the Board members had requested the workshop since they felt that there was a need to get acquainted with the City Council since there are issues of mutual concern that periodically ne-ed to be addressed and to generate discussion on the building needs of the school district along with voter support for a bond measure. It was the consensus of the group to continue current practice of trying to coordinate use of school facilities for Park & Recreation activities and to provide for non-duplication of services whenever possible. In addition, the Board needs to periodically provide information to residents within the School District on the status of school programs, costs associated with school operations, and the conservative spending approach used by the School District in comparison to metropolitan areas. In regards to the bond issue, the Councilors briefly discussed the Swimming Pool Committee's approach to inform the voters of the swimming pool bond Page I - Council Workshop Meeting Minutes, April 13, 1994 TAPE READING 2425 COUNCIL WORKSHOP MEETING MINUTES April 13, 1994 3A issue and need for the facility. It was noted that a political action committee was formed once the issue was scheduled for a vote and the committee continued to promote the advantages of a new facility which would be available to individuals of all ages. Throughout the design process, several public meetings were held to receive citizen input. A major difference between the pool bond issue and the school bond issue is that the pool portrays a recreational aspect at a very Iow cost in comparison to the educational aspect at a very high cost. It was also suggested that the bond issue amount be for a generic building and furnishings and the computer lab be excluded. School Board Chairman Fischer stated that the Board has been meeting with several groups to receive input on a proposed bond measure and to determine which election date would be most conducive to receiving a positive vote from the community. In addition, the Board is working on a newsletter to provide the public with information on the schools. Community Development Director Goeckritz advised the group that the City is growing not only in Commercial/Industrial activity but also in residential housing, Newer subdivisions are helping to move the socioeconomic balance more towards the middle level, In regards to Law Enforcement, Police Chief Wright stated that the Police Department has had tremendous cooperation with the School District in the past even though the community is experiencing a rapid growth and is extremely diverse. He also suggested that the Council and the Board endorse each other on measures before the voters and expound on the benefits of the measure. Dr. Robinson also advised the Council that the pedestrian traffic study for the high school area is near completion and the Board and Council will .need to work together to make the area safer for students. ADJOURNMENT. The workshop adjourned at 8:15 p.m. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 2 - Council Workshop Meeting Minutes, April 13, 1994 CITY OF 270 Montgomery Street · WOODBURN Woodburn, Oregon 97071 · 982-5222 4C PROCLAMATION FOR PUBLIC WORKS WEEK IN WOODBURN WHEREAS, public works services provided in our community are an integral and necessary part of our citizens' everyday lives; and WHEREAS, the health, safety, comfort and economic vitality of this community greatly depend on the facilities and services such as water, wastewater and other waste collection and disposal, streets, transportation, etc.; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction are vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform; NOW THEREFORE BE IT RESOLVED that !, Len Kelley, Moyor of the CRv of Woodburn. Ore_eon. do hereby oroclaim May 16-21, 1994 as "Public Works Week" in Woodburn. Ore_eon. and call upon all citizens and civic organizations to acquaint themselves with the problems invoived in providing ourpublic works and to recognize the coritributions that public works officials make every day to our health, safety, and comfort. LEN KELLEY, I(/IA YOR WOODBURN PUBLIC WORKS DEPARTMENT PUBLIC WORKS WEEK ACTIVITIES MAY 16 - 21, 1994 "Quality of Life Through Public Works" MONDAY, MAY 16 - KICK OFF 9:00 a.m. - Mayor Kelley kicks off the week's festivities with a ribbon cutting ceremony to celebrate the 16th anniversary of the Woodbum Transportation Services. Regularly scheduled bus service will be free to customers all week. TUESDAY, MAY 17 10:00 a.m. - Public Works Facilities Informational Walk Through for City employees and recognition of support services contribution. (9:00 a.m. - 5:00 p.m. - Free Bus Service on the regular schedule and Free Dial-a-Ride Shopping van service) WEDNESDAY. MAY 18 2:00 p.m. - RIBBON CUT~ING CEREMONY - (Tentative) ASTOR WAY WELL HOUSE - Mayor Kelley will dedicate the new 1,000 gpm well. NOTE: A model of the City's water source will be demonstrated after the dedication. DEMONSTRATION - Confined Space Awareness Demonstration - a volunteer member of the governing body to be rescued from a confined space located at {tO be decided) OTHER PROJECT RECOGNITION: Hardcastie Ave./Hwy. 99E Improvements Bi-Mart/Kmart Traffic Signal (9:00 a.m. - 5:00 p.m. - Free Bus Service on the regular schedule) THURSDAY, MAY 19 1:30 p.m. - 3:30 p.m. - OPEN HOUSES: Public welcome to Open House at Wastewater Treatment Plant, Water and Street Shop Facilities; also, the Public Works Office including Engineering, Transit and Dial-a-Ride Divisions. '.-. DEMONSTRATION - a model of the City's water source will be demonstrated in the Engineering area at 3:00 p.m. (9:00 a.m. - 5:00 p.m. -- Free Bus service on the regular schedule and Free Dial-a-Ride Shopping Van service) FRIDAY, MAY 20 3:00 p.m. - PUBLIC WORKS EMPLOYEE OF THE YEAR AND EMPLOYEE APPRECIATION CEREMONY - Council Chambers, City Hall. (9:00 a.m. - 5:00 p.m. -- Free Bus Service on the regular schedule) SATURDAY, MAY 21 This year's employees adopted volunteer work project to be announced 4C 8A MEMO TO: FROM: SUBJECT: DATE: City Administrator for Council Action Ranc~y Scott, CE Tech III, through Public Works Directo; ~'): Country Club Road Right-of-Way and Easement Vacation and Rededication of Replacement Right-of-Way (in Conjunction with the Tukwila Development) April 21, 1994 RECOMMENDATION: After public hearing, Council proceed, by motion, to instruct staff to prepare an ordinance vacating the Country Club Road right-of-way and utility easements as shown on Attachment "A" and legally described on Attachment "B", subject to the following conditions: 1. That a utility easement be retained over the existing water main and storm sewer as shown on Attachment "A" and legally described on Attachment "F". That a replacement 60-foot right-of-way with utility easements be rededicated to the City of Woodburn, as shown on Attachment "E" and being legally recorded with the Marion County Recorders Office upon the Tukwila Subdivision Plat. BACKGROUND: 1. Findings of Fact Location: The proposed right-of-way to be vacated is located on the west end of Country Club Road within the Glatt Subdivision location map is shown on Attachment "A". A legal deScription of area to be vacated is provided on Attachment "B". Current land use and zoning: The property on the north and south side of the proposed area to be vacated is zoned RS, Single Family Residential. The property on the west end, west of Boones Ferry Road is not within the city boundary. Surrounding land use and zoning will not change by vacating the proposed portion and rededicat]ng the Hght-of-way to the north. Current use of right-of-way proposed for vacation: The right-of-way proposed for vacation is currently undeveloped. However, a city maintained water main and storm sewer exists within a portion of the area to be vacated, that portion west of Miller Farm Road. A utility easement will be retained for these facilities. Memo to Council Country Club Rd R/W April 14, 1994 Page 2 De Et Transportation Needs: The property adjacent to the proposed vacation does not require this portion of Country Club Road for transportation needs of public rights-of-way. Future transportation needs: The current configuration of Country Club Road is intended to function as a collector upon development, the rededicated right-of- way will continue to function as a collector as designated on the transportation plan. 2. APPLICABLE STATUTES ORS 271.130 provides for a governing body to vacate a public right-of-way on its own motion. The Woodburn City Council made such motion by Resolution No. 1227 on March 28, 1994. Be The governing body may not vacate the right-of-way if the owners of the majority of the affected area, as computed in ORS 271.080 object in writing. As of this date, no property owner has objected. Attachment "C" shows the affected area. Notice of the public hearing has been given as provided in ORS 271.110, see calendar of events shown on Attachment "D". Do ORS 271.130 stipulates if a non-consenting abutting property owner's property would be substantially affected, provisions must be made for paying damages before the vacation can be granted. As of this date, there is no non-consenting property owner and no adjacent property will be substantially affected. The vacation could only substantially affect the adjacent properties if the vacation prevented public access to the property. Public access will be maintained to the affected properties with the rededicated right-of-way. OR~ 274.1 ~0 provides for the governing body to make the vacation conditional or to take effect only upon the consummation of rededication, Condition No, 2 within the recommendation requires rededication of the replacement right-of- way. Attachment "E" shows the location and the manner of the replacement right-of- way rededication. 8A Memo to Council Country Club Rd R/W April 14, 1994 Page 3 H. The vacation meets all other state and local guidelines concerning street vacation. CONCLUSIONS: " 1. With rededication of the replacement right-of-way, there is no need for the property proposed to be vacated. 2. There would be no substantial impact on the market value of abutting property. 3. The proposed vacation of this portion of Country Club Road, with the rededication of the replacement right-of-way, will provide for future transportation needs. 4. There have been no objections filed by property owners within the affected area. ATTACHMENTS: IIAII IlCll l! E !! - Map of area to be vacated - Description of area to be vacated - Affected area - Calendar of events - Plat of rededocated right-of-way - Utility easement to be retained LOT3 ~mz ~ ~ o.'-~, rn o .. \ g Z -4 0'- I ! I I I -I I I I I I 8A III ATTACHMENT "B" 8A DESCRIPTION OF PROPERTY TO BE VACATED Beginning at the Northwest comer of Lot 2, Block 2, GLATT SUBDIVISION, as said subdivision is recorded in Volume 38, Page 30, Book of Town Plats for Marion County, ._. Oregon,'.and being situated in Sections 7 and 8 in Township 5 South, Range I West of the Willamette Meridian in Marion County, Oregon; thence southwesterly along the southerly right-of-way line of Country Club Road on the arc of a 520.00 foot radius curve to the left (the chord of which bears South 66.53'43' West 23.25. feet) a distance of 23.26 feet to the TRUE POINT OF BEGINNING; thence southwesterly along said right-of-way line on the am of a 520.00 foot radius curve to the left (the chord of which beare south 61'17'47' West 78.30 feet) a distance of 78.37 feet;*,thence southwesterly along said right-of-way line on the arc of a 730.00 foot ra~lius curve to · the right (the chord of which bears south 74'35'02' West 441.59 feet) a distance of 448.61 feet; thence North 87'45'31' West along said southerly right-of-way line, a distance of 549.48 feet to the northeast corner of Lot 'A' as platted in MILLER FARM SUBDIVISION recorded in Volume 40, Page 24, Book of Town Plats for Marion County, Oregon; thence North 14'26'46' East along the East boundary line of said subdivision a distance of 61.39 feet to the southeast comer of Lot 'F' of said MILLER FARM SUBDIVISION; thence south 87'45'31' East along the northerly line of said Country Club Road, a distance of 636.41 feet; thence northeasterly along said right-of-way line on the arc of a 670.00 foot radius curve to the left (the chord of which bears North 76'51'42' East 354.21 feet) a distance of 358.47 feet; thence northeasterly along the arc of a 230.00 foot radius curve to the left (the chord of which bears, north 84'21'50' East 147.86 feet) a distance of 150.53 feet to the TRUE POINT OF BEGINNING. ALSO Beginning at the southeast corner of Lot 'F' MILLER FARM SUBDIVISION as recorded in Volume 40, Page 24, Book of Town Plats for Marion County, Oregon; thence South 14°26'46' West along the easterly boundary line of said subdiv'=ion a distance of 61.39 feet to the Northeast corner of Lot 'A' of said subdivision; thence north 87'45'55' West along the North line of said Lot "A' a distance of 112.37 feet to the Northwest corner of said Lot 'A'; thence north 1'09'50' East a distance of 60.02 feet to the Southwest corner of said Lot 'F'; thence south 87°45'55. East along the south line of said Lot'F', a distance of 126.48 feet to the point of beginning. ALSO. Beginning at a point on the westerly boundary line of MILLER FARM SUBDIVISION as recorded in Volume 40, Page 24, Book of town Plats..for Marion County, Oregon at its intersection with the south right-of-way line of Country Club Road, which point bears north 1'09'50' East 112.84 feet from the Northeast corner of Lot 54 of said subdivision; thence North 87°45'55' West along the south right-of- way line of said Country Club Road a distance of 298.96 feet; thence southwesterly along said right-of-way line on the arc of a 20.00 foot radius curve to the left (the chord of which bears south 53059'35. West 24.76 feet) a distance of 26.70 feet to a point on the easterly right-of-way line of Boones Ferry Road; thence north 15'45'05' East along the easterly right-of-way line of said Boones Ferry Road 8 distance of 39.29 feet to an angle point therein; thence north 15036'28. East along said right-of-way line a distance of 63.47 feet; thence southeasterly along the northerly right-of-way line of said Country Club Road, on the arc of a 20.00 foot radius curve to the left (the chord of which bears south 36°04'44' East 31.38 feet) a distance of 36.08 feet; thence south 87'45'55' East along said northerly right-of-way line a distance of 273.95 feet to a point on the west boundary line of said MILLER FARM SUBDIVISION; thence south 1°09'50" Westalong said west boundary line a distance of 60.02 feet to the point of beginning. ,' Vacation will also include a 20' utility easement on both sides of the public right-of-way. I I I I I I I I I I I I ti~° 0 ATTACHMENT CAL~AR OF EVENTS VACATION OF A PORTION OF COUN'I~Y CLUB ROAD WITHIN THE TUKWIIA DEVELO~ I.BY RF.~OLUTION NO. 1227, COUNC~ INITIATED VACATION PROC~.HrHNGS AND ESTABTI.qI:I~-r) A DATE FOR THE PUBLIC HEARING. 2. FIRST NOTICED PUBLISHED ~.NOTICF_~ POSTED 4.SECOND NOTICE PUBLISHED 5.PUBLIC HEARING API~II~ 5,1994-'-" APRIL B, 1994 8A ,NOTRE pOS'Tim NONCE OF ~ ~T~ON PUBUO LO~-3 '1 ATTACHMENT "F" 8A An easement for utility purposes described as follows: Beginning at a point on the west line of Miller Farm Road, said point being north 01~)9'50' East 92.27 feet from the northeast corner of Lot 54, Miller Farm Subdivision recorded in Volume 40, Page 24, Book of Town Plats for Marion County, Oregon, and being sltuated in Section 7, Township 5 South, Range 1 West of the Willamette Meridian in marion County, Oregon; thence north 81°22'33- west 325.53 feet to a point on the easterly right-of-way line of Boones Ferry Road; thence north 15°45'05' east along the easterly right-of-way line" ~f said Boones Ferry Road a distance of 7.57 feet to an angle point therein; thence north 15°36'28' east along said right-of-way line 18.62 feet; thence leaving said easterly line, south 81° 22'33' East 318.92 feet to a point on the west=right-of-way line of Miller Farm Road; thence south 01009'50- west along said westerly line 26.22 feet to the place of beginning and containing 8,377 square feet of land. 10A MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator Extension of Cable TV Consultant Contract April 21, 1994 RECOMMENDATION: Approve the accompanying Resolution authorizing Addendum to professional services contract with cable television consultant Stephen Jolin, PhD (dba MuniCom Communications Management), in an amount not to exceed $4,300. Funds are budgeted for this purpose in line item numbers 001-090-616.060 and 039-395-630.050. BACKGROUND: Mr. Jolin has assisted the city in this capacity since June, 1992, initially involving the renewal of the Northland Cable Television, Inc. franchise, and subsequently assisting the city in respect to the second franchise application (from North Willamette Telecom) solicited by the Council in March, 1992. Present issues to be dealt with primarily involve technical review of required documents and reports submitted by Northland Cable and the resolution of the North Willamette Telecom franchise application. As an economizing measure, all work involving cable television franchising issues has been accomplished "in-house" by the City Administrator and City Attorney, with the only specialized outside expertise being that provided by Mr. Jolin. The ongoing work in regard to the North Willamette Telecom (NVVT) application is complicated by a seemingly endless abundance of new FCC regulations as well as the extremely competitive relationship between the two local cable companies. As Council will recall, staff, in conjunction with the Cable Advisory Committeer has been directed to negotiate a suitable franchise agreement with NVVT. The assistance of a skilled cable consultant is essential for this purpose. As a cost containment measure this contract extension, similar to our previous arrangements with Mr. Jolin, contains a "not to exceed" clause relative to the total contract value. The original contract with Mr. Jolin, to which this Addendum will be appended, is not reproduced in your agenda packets, but is available for review upon request by any Council member. Although this contract extension is for an amount less than 95,000, it is appropriately presented for Council approval because it is a continuation of a previously approved contract in a greater amount. 10A COUNCIL BILL NO. 1537 RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO AGREEMENT WITH STEPHEN JOMN FOR EMPLOYMENT AS A CABLE TELEVISION CONSULTANT. WHEREAS, the City retained Stephen Jolin for the purpose of evaluating a cable television franchise renewal for Northland Cable Television, Inc. and reviewing and evaluating a cable television franchise application submitted by North Willamette Telecom; and WHEREAS, the cable television franchise renewal for Northland Cable Television, Inc. has received final approval and the City is still in the process of considering the cable television franchise application of North Willamette Telecom; and WHEREAS, it is necessary that additional funds be expended and the parties wish to enter into an Addendum to Agreement so that the City can complete the cable television franchise application process for North Willamette Telecom; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor and City Recorder are authorized to sign an Addendum to Agreement with Stephen Jolin (dba Municom) a copy of which is attached hereto, and by this reference, incorporated herein. D~a~e Approved as to for City Attorney APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. 1537 RESOLUTION NO. IOA ADDENDUM TO AGREEMENT THIS ADDENDUM TO AGREEMENT entered into this day of ,1994, between the City of Woodburn, an Oregon municipal corporation, (hereinafter CITY) and Stephen Jolin (dba Municom) 4820 S.W. Barbur Blvdo #34, Portland, Oregon, 97201 (hereinafter CONTRACTOR). WITNESSETH WHEREAS, CITY retained CONTRACTOR for the purpose of evaluating a cable television franchise renewal for Northland Cable Television, Inc. and reviewirig and evaluating a cable television franchise application submitted by North Willamette Telecom; and WHEREAS, the cable television franchise renewal for Northland Cable Television, Inc. has received final approval and CITY is still in the process of considering the cable television franchise application of North Willamette Telecom; and WHEREAS, it is necessary that additional funds be paid to CONTRACTOR so that consideration of the cable television franchise application of North Willamette Telecom can be completed, NOW, THEREFORE, in consideration of the terms, conditions, and covenants and performances contained herein, the parties agree as follows: I. INTENT OF ADDENDUM This ADDENDUM TO AGREEMENT is intended by the parties to modify that agreement made and entered into on the 9th day of June, 1992, between the City of Woodburn, an Oregon municipal corporation, and Stephen Jolin (dba Municom), 4820 S.W. Barbur Blvd. #34, Portland, Oregon, 97201. The terms of said agreement are modified only as contained in this ADDENDUM TO AGREEMENT and in all other respects the original agreement shall remain in full force and effect. " II. CONSIDERATION Paragraph IV (Consideration) of said original agreement is modified to add an additional paragraph which shall read as follows: Notwithstanding, and pursuant to the ADDENDUM TO AGREEMENT, additional compensation not to exceed (four thousand three hundred dollars) $4,300.00 shall be paid to CONTRACTOR at the rate of 885.00 per hour according to the SUPPLEMENTAL SCOPE OF WORK attached hereto. 10A II1. SUPPLEMENTAL SCOPE OF WORK The SUPPLEMENTAL SCOPE OF WORK attached to this ADDENDUM TO AGREEMENT is adopted by the parties and shall be incorporated as "Attach~nent 3" of said original agreement, CITY OF WOODBURN By' Len Kelley, Mayor Date: STEPHEN JOLIN Date:, ATTEST: Mary Tennant, City Recorder City of Woodburn 10A SUPPLEMENTAL SCOPE OF WORK (April, 1994) Task Descriotion Meetings with City Staff and NWT to complete negotiations; w/prep. & followup (3) Draft/language revisions to complete franchise document Strategy/status review meet- ings with City Administrator and City Attorney (2) Meetings with Cable Advisory Board; w/prep. & followup (2) City Council. meeting/hearing; w/prep. & followup (1) Miscellaneous telephone consultation w/parties Technical review of periodic reports submitted by North- land Cable Television, Inc. Direct Expenses (mileage, photocopies, etc.) Estimated Hours 12 12 8 8 3 3 3 n/a Approximate professional Fees $1,020 $1,020 $680 $680 $255 $255 $255 $135 TOTAL: $4,300 10B MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager Bid Award for Ductile Iron Pipe April 20, 1994 RECOMMENDATION: Accept the bid of $6,731.66 from Pacific States Cast Iron Pipe for 972 feet of ductile iron pipe. Funding will be from account 070.700.714.001. BACKGROUND: City of Woodburn bid #94-18 for 972 feet of various size ductile iron pipe was opened and publicly read at 2:00 pm on April 19, 1994. The results were: Bidder Amount Pacific States Cast Iron Pipe Co. $6,731.66 Consolidated Supply Co. 6,885.71 United Pipe and Supply Co. 6,887.00 US Pipe and Foundry Co. 7,134.20 The pipe will be used by the water shop for expansion and upgrade projects this summer. 10C CITY OF WOODBURN POLICE DEPARTMENT 270 Montgomery Street Paul Nufl Services Ueutenant Woodburn, Oregon 97071 982-2345 Ext. 352 Date: April 19, 1994 To: Mayor and Council Thru: Chris Childs, City Administrator Subject: Request for Sound Amplification Permit The Woodburn Police Department received a written request from Margarita Garcia, Cinco De Mayo Committee, Chemeketa Community College, for a Sound Amplification Permit. The permit request is for Thursday, May 5, 1994, for the hours of 6:00 p.m. to 10:30 p.m. The celebration will include a folklore dance presentation and a live band playing cultural music. The Cinco De Mayo Committee expect the event to be small in nature. Chemeketa held a two day celebration last year which was well received by the community. Chemeketa College borders a residential area on Lincoln Street. Last year celebration caused one resident to file noise complaints with the Police Department. This years celebration is scheduled on a week night. Due to the mentioned circumstances it is the Police Departments recommendation that the Sound Amplification Permit be restricted from the hours of 5:00 p.m. to 9:00 p.m. in consideration of residences in the area. -.- RECOMMENDATION: Authorize the use of sound amplification equipment on Thursday, May 5, 1994 from 5:00 p.m. to 9:00 p.m., at Chemeketa Community College, 120 E. Lincoln Street. cc Patrol Commander 10C April 19, 1994 TO WHOM IT MAY CONCERN: Woodbum Chemeketa Center would like to request an amplified sound permit for our Cinco De Mayo celebration on Thursday, May 5, from approximately 6 p.m. to 10:30 p.m.. The celebration will include a musical group and folk dancing. Sincerely, Margarita Garcia Cinco De Mayo Committee WOODBURN CENTER i 120 E. LINCOLN STREET I WOODBURN, OREGON 97071 I PHONE: 503 981-8820 IOD City of Woodburn Police Department 270 Montgome~ St/~~~ Ken Wrig] :7 /// Chief of Date: April 8, 1994 MEMORANDUM Woodburn, Oregon 97071 (503) 982-2345 To: Mayor and Council C. Childs, City Administrator Subject: Sound Amplification / Street Closure for Cinco De Mayo The Police Department received a request from Centro Cultural for sound amplification and Street closure on Saturday and Sunday May 7 & 8, 1994. The request is for the hours of noon to 9:30 p.m. and Saturday and noon to 7:00 p.m. on Sunday. In speaking to Mr. Paul Rameriz, President of Centro, he advises that all businesses in the area have been contacted by Mr. Bob Cortinias. In contacting the businesses there was no opposition and support was garnered for the celebration. Upon approval by the Council Mr. A1 Herrera will be coordinating the street closures with the Street Department and Police. The promoters, Centro Cultural, also hosted Cineo De Mayo last year. The differences this year are the extended street closure and that Cinco De Mayo will be two days. Some of the participants at Cinco De Mayo will be LALEY, the Latin American Law Enforcement Officers Association, and Marion County Sheriff's Office. The were no problems at last years event and as the organizers and participants are thc same this year I would not anticipate any problems. RECOMMENDATION: Authorize Centro Cultural to close the City Downtown Parking- Lot, First St. from Garfield to Grant, Hayes St. from Grant to Second and, Grant St. from Front to Second. And to allow the use of sound amplification equipment during the hours of 12 p.m. - 9:30 p.m. Saturday and 12 p.m. - 7 p.m. on Sunday May 7 Saturday & 8, 1994. cc. patrol commander WOODBURN CITY COUNCIL 270 MONTGOMERY ST. WOODBURN, OR. 97071 RE: CINCO DE MAYO CELEBRATION REG'D APR 0 8 POLIC5 DEFT. APRIL 8, 1994 We will be sponsoring our second annual "CINCO DE MAYO CELEBRATION" in downtown Woodburn on May 7 & 8, 1994. The celebration will run from noon till 11 p.m. on Saturday May 7 and noon till 7 p.m. on Sunday May 8 in the parking lot at Salud Medical Center. The focus of the celebration is to promote the City of Woodburn as a culturally diversified community. We respectfully request permission for audio amplification for the Cinco De Mayo on May 7 from noon till 9:30 p.m. and on May 8 from noon till 7 p.m.. As the Centro Cultural Club of Woodburn, our goal is to provide the community with an awareness of the Hispanic culture to the rest of our co~unity through this celebration. Our celebration will consist of having the local downtown businesses participating in the celebration by selling their products. The "CINCO DE MAYO CELEBRATION" will consist of information booths, food booths, music, performers, art and crafts booths for the community to enjoy. We would respectfully request permission to block off First St. from Garfield to Grant St. and Hayes St. from Front St. to Second St. and Grant St. from Front St. to Second St. The purpose of closing off the streets would be two fold, it would first allow us to secure a safe area for pedestrian traffic attending the celebration, and thus containing the celebration to one area. We hope through your support, we will be able to make the "~INCO DE MAYO CELEBRATION" a success for the community of Woodburn and the Centro Cultural Club of Woodburn. Attached is a map of the area for the "CINCO DE MAYO CELEBRATION". If you have any questions or need more information please feel free to contact me at 503-981-0212. Respectfully, Raul Ramirez President 1 5A MEMO TO: FROM: SUBJECT: DATE: C~ty Council through City Administrator for Information Public Works Program Manager ~:::~~ Bi-Mart/Kmart Signal Status April 21, 1994 The traffic signal at the Bi-Mart/Kmart shared access has completed testing and is ready to be turned on but the fact that a cooperative agreement for the signal has not been signed by GFI Woodburn Inc., owners of the Kmart property, has delayed the turn on. The City was informed by ODOT District 3 on Tuesday, April 19, 1994 that they could not turn on the signal until the agreement was signed. GFI Woodburn Inc. had some concerns about some provisions of the agreement dealing with responsibility for planning and specification preparation and had indicated last fall that they wanted to wait until the signal was installed to sign the agreement. Until two days ago the city was not aware that this would cause a delay. There had been no indication up until that time that placing the signal in service was contingent upon a completed agreement. Mr. Craig Gasser, GFI Woodburn owner, was on a business trip and returned to his office on April 20. He indicated that he would review the agreement with his attorney and felt that he should be able to sign the agreement by April 22, 1994. Council will be provided with a current status at the regular meeting on Monday, April 25. 15B CITY OF WOODBURN POLICE DEPARTMENT 270 Montgomer~ Paul Null Services Ueutenant Woodburn, Oregon 97071 982-2345 Ext. 352 Date: To: Thru: Subject: April 19, 1994 Mayor and Council Chris Childs, City Administrator Tow Ordinance Update Beginning April 26, 1994 the Woodburn Police Department will start enforcing the recently adopted Tow Ordinance. The Police Department has been and will continue to educate the general public of the city ordinance requirements through flyers, the media and drivers education classes. In an attempt to obtain some feedback on our education process thus far, I have contacted two insurance companies/agents within the City of Woodburn. I was advised that they have seen a marked increase in the number of vehicle insurance policies purchased since the Police Department started it's education campaign. Even though this was not a scientific survey, the Police Department is encouraged by the public response, as our primary objective is to encourage all drivers to obtain and maintain liability coverage, not to tow vehicles. CITY OF. 270 Montgomery Street WOODBURN Woodburn, Oregon 97071 · 982-5222 15C MEMORANDUM OPINION NO. 94-02 TO: FROM: SUBJECT: DATE: MAYOR AND CITY COUNCIL WOODBURN PLANNING COMMISSION N. ROBERT SHIELDS, CITY A'I-rORNEY EX-PARTE CONTACTS AND SITE VISITS IN LAND USE CASES APRIL 20, 1994 BACKGROUND Woodburn is developing at an unprecedented rate and the city is acting as the decision-maker in an increasing number of land use actions. Public hearings are frequently scheduled at the Council level and there are numerous other land use applications pending before the Planning Commission that could result in an appeal and eventual Council action. Many matters heard initially at the Commission level require a future legal determination by the Council. This increase in land use activity, together with a specific interest expressed to me by the Planning Commission for more information on these topics, has led to the preparation of this opinion. I am hopeful that the opinion addresses m.any of the concerns conveyed to me by the Commission. Perhaps, it will also be useful to the Council. My overall objective is to define the potential issues and outline the necessary legal procedures in general terms so that future problems in specific land use cases can be avoided. The "ounce of prevention" spent in familiarizing decision- makers with the correct procedures could save the City thousands of dollars in future legal expenses and unnecessary delays. SCOPE This opinion addresses only ex parte contacts and site visits in a land use context. Emphasis is placed on identifying potential areas of concern and meeting the declaration and disclosure requirements of Oregon land use law. The opinion does not - '15C Page 2 - MEMORANDUM OPINION NO. 94-02 address "conffi. ct of interest" declarations legally required under Oregon ethics law. At the Planning Commission's request, I previously addressed the ethics topic in an oral presentation. Before acting on a particular matter, both land use and ethics requirements should be carefully considered. THE QUASI-JUDICIAL MODEL In Fasano v. Washinoton County Commission, 264 Or 574, 507 P2d 23 (1973), the Oregon Supreme Court adopted the quasi-judicial model for site specific land use hearings. After this landmark case, the Oregon legislature codified many of these same procedures in various statutes. Under the quasi-judicial analysis, the local decision-making body (City Council or Planning Commission) hears the land use case acting in the role of a judge. In this judicial capacity, the public official must act fairly and impartially, avoiding and declaring any contacts made outside the public hearing by applicants, proponents, or opponents of the pending case. Communications made to the official by a party outside of the public hearing (ex-parte contacts) must be declared on the record in the land use hearing. If communications made to the official outside the public hearing are so significant that impartial judgment can not be rendered, the official must disqualify him/herself from further participation in the matter. The quasi-judicial model is in sharp contrast to the traditional legislative manner in which decision-making bodies conduct business. Legislative enactments are not site specific in nature and apply to the city as a whole. Examples of city legislation are criminal ordinances, park regulations, nuisance prohibitions and business registration. For legislative enactments, quasi-judicial restrictions do not apply and public officials are permitted to communicate with interested parties at any time. The legislative model is based upon representative democracy and free access by constituents to elected representatives. QUASI-JUDICIAL/LEGISLATIVE DISTINCTION For obvious reasons, the quasi-judicial v. legislative distinction is of tremendous importance to public officials because of the difference in applicable procedures. All site specific land use actions are quasi-judicial. A good rule of thumb is that all land use matters should be treated by public officials as quasi-judicial since the applicability of legislative procedures in this context is limited. 15C Page 3 - MEMORANDUM OPINION NO. 94-02 DEFINITION OF EX PARTE CONTACT "Ex parte" means "for one party" and, in the context of land use procedure is simply information received by a public official without all other parties present or informed. An ex parte contact has been made when: (1) Someone contacts the public official to discuss the merits of a proposal; pnd (2) The communication concerns an issue that is before, or will be coming before, the public official; and (3) The communication occurs so that all parties interested in the proposal are not given an opportunity to hear or respond. DECLARATION OF EX PARTE CONTACT Once the public official is aware of the ex parte contact issue, the next question is how the potential for ex parte communication should be managed. The best practical advice is to avoid ex parte contacts by explaining to people that discussing · a land use case with them outside of the public hearing could legally jeopardize your ability to rule on the case. However, in some situations, despite the best intentions to the contrary, an ex parte communication will occur. If an ex parte contact does occur, Oregon law requires that the substance of the communication be placed in the record at the first public hearing that is held concerning the matter. ORS 227.180(3) provides: No decision or action of a planning commission or city governing body shall be invalid due to ex parte contact or bias resulting from ex p~rte contact with a member of the decision-making body, if the member of the decision-making body receiving the contact: (a) Places on the record the substance of any written or oral ex parte communications concerning the decision or action; and (b) Has a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication made at the first hearing following the communication where action will be considered or taken on the subject to which the communication related. Page 4- MEMORANDUM OPINION NO. 94-02 15C The rationale sypporting the declaration requirement is that all interested parties have the right to a fair and impartial consideration of the evidence. The required announcement of the ex parte contact at the public hearing gives the parties notice of the communication and an opportunity to rebut this evidence. In this manner, any one-sided presentation to the public official is "cured" by disclosure of the ex parte communication and allowing it to be addressed. The only instance in which public declaration of an ex parte contact does not provide a remedy is when a series of ex parte contacts has made the involved decision-maker legally biased. If ex parte contacts are so significant that an impartial judgment cannot be rendered, the involved official should disqualify him/herself from further participation in the matter. FAILURE TO MAKE DECLARATION As previously mentioned, ORS 227.180(3) states that a land use decision of the planning commission or city council cannot be held invalid where the substance of the ex parte contact is declared at a public hearing. By the same token, an ex parte contact which occurs and is not declared by the public official is sufficient grounds for a court to reverse or remand the land use decision. It is for this reason that ex parte contacts should be avoided, if at all possible, and always declared at the public hearing if they do occur. SITE VISITS Closely related to the declaration of ex parte contacts is the legal requirement that personal site visits be disclosed. As a general rule, decision-makers in a quasi- judicial setting may tour the site at the time of the public hearing and use this information in making their decision. However, any individual visits to the site, made outside of the public hearing, should be disclosed at the public hearing. -'As an ex parte contact, the requirement is that the public official declare that there was a site visit so that interested parties have an opportunity to address this and submit rebuttal evidence. CASE EXAMPLES It is helpful to use actual case examples for illustration of the legal points made in this opinion. The court holdings in these cases are instructive and provide the opportunity to learn from other public officials' legal mistakes. 15C Page 5 - MEMORANDUM OPINION NO. 94-02 Example No 1: A city's mayor met with the developer of a park as it was being conceptualized. The mayor then met several more times with the developer after a land use application was filed. The land use application came before the city council for public hearing and decision. Court Holdinq: The mayor had made ex parte contacts that legally had to be declared at the time of the public hearing. Failure to publicly declare these contacts at the time of the hearing would be grounds to reverse or remand the decision of the city council. If the number and nature of ex parte contacts were such that the mayor could no longer be fair and objective as a decision-maker on the application, it would be necessary for the mayor to disqualify himself from the hearing because of bias. Walker v. City of Beaverton, 18 Or LUBA 712 (1990). Exemole No. 2: County commissioners made a site visit to property which was the subject of a conditional use application. A public hearing was held and the site visit was not announced. Court Holdino_: Failure to announce at the public hearing the information obtained through the site visit resulted in a denial of the opportunity to rebut and address this evidence. The county's decision was remanded back to the county so that the parties could be provided an opportunity to rebut the facts resulting from the site observation. Concerned Property Owners of Rocky Point v. Klamath C0untv, 3 Or LUBA 182 (1981). Example No. 3: A public hearing was held concerning a land use matter. Both ex parte communications and personal site visits occurred. However, neither of these were disclosed by the involved decision-makers at the time of the public hearing. Covrt Holding: Where it is uncontested that a party in a land use hearing was provided no opportunity to rebut evidence placed before the decision-maker through ex parte contacts and individual site observations because no declaration was made, this is sufficient to demonstrate legal prejudice to that party's substantial rights. Therefore, the city's land use decision must be reversed. Angel v. Citv of Portland, 21 Or LUBA I (1991). CC: Chris Childs, City Administrator Steve Goeckritz, Community Dev. Dir. 15D MEMO TO: FROM: SUBJ.: Mayor and City Council Chris Childs, City Administrator ~~, Information Meeting on Neighborhood Associations DATE: April 20, 1994 At the April 11, 1994 Council meeting, a motion was passed requesting staff to report back at this meeting concerning a date for a possible joint workshop with the planning commission concerning the topic of neighborhood associations. Staff has contacted Tom Griffin-Valade, Neighborhood Association Staff Planner for the City of Salem. Mr. Griffin-Valade indicated his belief that he could attend such a meeting, and is very interested in doing so, but must first secure approval from his supervisor. Mr. Griffin-Valade will be in contact with staff regarding specific dates that he could be available. His preliminary indication was that he could likely accomodate such a meeting in late May or early June. Staff will advise the Council as to alternative workshop dates that will accomodate Mr. Griffin-Valade's attendance when more specific information is received from him. Participation by someone with Mr. Griffin-Valade's background on this topic will be very helpful to any workshop conducted. 15E MEMO TO: Mayor and City Council through City Administrator FROM: SUBJECT: Community Development Department Sandwich Express Site Plan #94-01 and Variance #94-03 Appeal to the City Council DATE: April 20, 1994 Planning Staff has set May 9, 1994 as the hearing date for the City Council to consider an appeal of the decision of the Woodburn Planning Commission to allow the development of the "Sandwich Express" on the corner of Highway 214 and Country Club Road. MEMO TO: City Council through City Administrator FROM: Assist, ant City Engineer~ SUBJECT: Removal of Health Hazard due to Septage Water DATE: April 21, 1994 GENERAL INFORMATION: Each summer, Public Works and the ordinance officer can expect to receive one call from persons complaining about pools of water, either in public rights-of-way or their neighbor's yards which, since there had been no recent rains, must be septage water. Their requests center around remedial action to remove the pools by removing the cause, that being failed septic tank/drain field systems. If the homes in question are near sewer mains, it is a simple matter of citing the conditions as health hazards and requiring the owner(s) to connect. Should the homes in question be on a street without a sewer main within the right-of-way, then the problem can be next to impossible to correct· However, a process needs to be established which can protect the general public from health hazard situations. The process could be established through enactment of a resolution or an ordinance by a governing body. 15F The resolution (or ordinance), when it is written, will address these points: 2. 3. 4. 5. 6. Health hazards posed by septage waters. Specific authorities which shall be granted City Engineer to mitigate health hazards. Testing of suspected waters. Fees and estimates of cost. Call for plans, documents, and approVals by appropriate authorities. List of specific actions to be taken bY City Engineer. BACKGROUND INFORMATION on septage system, its failure, health hazard created and proposed process. There are three main components to a septic tank/drain field system: 1. Septic tank 2. Distribution box with associated piping. 3. Drain field. SEPTIC TANK The septic tank has these four purposes: 1. Provide quiescent water conditions to allow primary settling to occur. Primary settling: conditions of quietness (hydraulic quietness, which is no currents) that will allow particles heavy enough to be affected by gravity to settle to the bottom. 2. Provide an environment in which anaerobic biological activity will reduce the solids materials to sludge and methane. 3. Provide a storage volume for sludge and incoming solids. Page I - HEALTH HAZARD.WATER 15F Provide an outlet (to the drainfield) high enough in the tank wall that the water volume inside will be decanted. Decanted means removal of water from the top two or three inches of liquid volume. DISTRIBUTION BOX The distribution box. has these functions: 1. That point which will accept decanted effluent from septic tanks. 2. Removable lid allowing access to box for cleaning. Often, wash-water lint and hairs are lodged in the box; the box should be cleaned on a regular basis. 3. Pipes lead from the box to different elements of drain field; water is thereby evenly sent to drain field. DRAIN FIELD These are its functions: 1. Allow settled and treated water to percolate downward into soil profile. 2. Allow roots of the cover crop (planted over drain field) to take up nutrients still suspended in effluent water. Septic tank systems will fail if tanks become too filled with heavy particulates and sludge. Tank storage volumes become too filled and the heavy particulates are swept out the opening instead of staying in the tank. These larger solids quickly plug the drain field. Water trying to enter the drain field instead backs up, usually finding its way to the surface. A key action to be taken to ensure good operation of a septic tank is to clean the sludge storage volume on a frequency to guarantee it will never be overfiiled with sludge. Tanks should be pumped dry at least once a year. There are other reasons for septic tank failures: 1. Grease - grease floats and goes right into drain field. Grease is an excellent plugger. 2. Soaps - these, too, float (suds) and then go into drain field and there dry to form a clog. 3. Too thick crust on surface of water in tank. Crust, if too thick, will block off exit port and back up water into home. These Crusts naturally form as part of biologic activity. Again, regular tank pumping is required. In the City of Woodburn the issuance of a permit for septic tank/drain field installation is prohibited by law. However, old septic tanks still exist and failures do take place. Regardless of no permits being issued there are homes in Woodburn served by septic tanks. This has come about through grandfather clauses, annexations, and homes situated just beyond city borders. HEALTH HAZARDS: ~eotaqe water is a health hazard to humans, birds, animals, and subsurface waters uoon which this municioalitv deoends for its ootable water su_oolv. Please note: Seotic systems never include sanitizin_~ systems that kill oatho0ens {T.B., AIDS, etc): the trace micro organism is E. C01i. Page 2 - HEALTH HAZARD.WATER 15F Even should a homeowner be knowledgeable enough to have their tank cleaned frequently, know where'the distribution box is and clean it frequently, too, there is still a downward percolating plume of wastewater which, in Woodburn, would be heading straight for potable water aquifers. The saving grace is the intervening soil horizons; these will also filter the. wastewater plume., and, hopefully, cleanse it of pollution before it reaches the aquifers. PROPOSED RECOMMENDATION: The proposed ordinance will have four recommendations, the first .will be a standard assessment project. The next two will shift additional costs to the city. The last, No. 4, will be a major departure from standards; it will be a cheap system but the city will be'asked to assume all costs for that portion of system in public rights-of-way. ' Should you have questions over any part of the foregoing, please don't hesitate to ask them. HAZARD. t~l'R Page 3 - HEALTH HAZARD.WATER