Agenda - 05/23/1994 CITY OF WOODBURN
270 MONTGOMERY STREET ° °** WOODBURN, OREGON
AGENDA
WOODBURN CITY COUNCIL
MAY 23, 1994 - 7:00 PM
e
ag
A. Council minutes of May 4, 1994 special meeting and May 9, 1994
regular and executive meetings.
B. Planning Commission minutes of April 28, 1994.
ANNOUNCEMENTS:
A. Special Council meeting:~ 24, 1994 - 12:30 om to
review bond sale
Transportation Task Force: May 26, 1994 at 7:00 pm.
Wastewater Advisory Committee Open House regarding wastewater issues
June 6. 1994 from 4:00 om to 8:00 om at Woodburn City Hall.
PROCLAMATIONS
D. VFW Buddy Poppy Sale: May 26, 27 and 28, 1994.
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. Continuation of hearing: SPR 94-01 & VAR 94-03; Sandwich Express.
~A
3B
4D
8A
A. Council Bill No. 1543 Ordinance setting juvenile curfews.
Be
Council Bill No. 1544 Resolution entering into agreement with Portland
State University for census.
10A
1OB
Page 1 - Agenda, Woodburn City Council, May 23, 1994.
Ce
K.
L.
M.
Council Bill No. 1546 - Resolution authorizing agreement for unemployment
insurance consultant services. 1
Council Bill No. 1547 - Resolution setting a public hearing on annexations
of property located on Parr Road. 10D
Insurance agent of record selection. 1
Servicenter utility payment options. 10F
Request for insurance coverage and use of sound amplification.
equipment for the July 4th celebration, lOG
Acceptance of public right-of-way in conjunction with Country Club
Road realignment. 1OH
Acceptance of utility easement in conjunction with Country Club
Road realignment.
Request for street closure for Settlemier Days activities.
Liquor license application: Members Club (Tukwila).
Bid Award: Legion Park picnic shelter.
Recognition of long-term RSVP volunteers.
14.
A. Kilroy Storage and Sales Lot.
15.
A. Notice of Transportation Growth Management Grant award.
B. Open house on wastewater treatment facility options.
C. Status of Stacy Allison street lighting.
D. Informational memo/Burley vs. City of Woodburn.
E. Police Cadet downtown cleanup.
F. Completion of Park Department utility/shop building.
G. Transit route and Dial-A-Ride schedule changes.
H. Clarification of street tree pruning and removal standards.
I. Final unofficial election results.
J. Police Department HVAC system.
16.
17.
101
lOJ
1OK
IOL
1OM
14A
15A
15B
15C
15D
15E
15F
15H
151
15J
Pagc 2 - Agend~t, Woodbum City Council, May 23, 1994.
3A
SPECIAL COUNCIL MEETING MINUTES
May 4, 1994
TAPE
READING
OO01
DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, MAY 4, 1994.
OOO3
~ The Council met in a special meeting at 7:00 p.m. with Mayor
Kelley presiding.
0008 ROLL CALL.
Mayor Kelley Present
Councilor Figley Present
Councilor Galvin Present
Councilor Hagenauer Present
Councilor Jennings Present
Councilor Mitchell Present
Councilor Sifuentez Present
0025
0106
Staff Present:
City Administrator Childs, City Attorney Shields, City Recorder Tennant
Mayor Kelley advised the Council that he had called the meeting for the
purpose of discussing the timelines of the budget process as it relates to the
public hearing and subsequent levy election. He objected to conducting the
budget hearing on May 9th since absolute compliance with Budget law had not
been followed. Additionally, he felt that the levy should not have been placed
on the ballot since the public did not have an opportunity to express their
views prior to the Council adopting the ordinance calling for the special
election.
Councilor Figley expressed her opinion that the public had ample opportunity to
voice their opinions during the Budget Committee meetings and the levy
amount was approved by the Budget Committee as part of the total budget.
Mayor Kelley felt that the City was not in compliance with Local Budget Law,
since the levy was placed on the ballot before the public hearing was held
before the Council. He referred to a copy of a flow chart recommended by the
Department of Revenue.
Attorney Shields stated that Local Budget Law and the Levy process were two
separate issues. There are no requirements that a public hearing on a levy
amount is required before it is submitted to the voters.
Page I - Special CoUncil Meeting Minutes, May 4, 1994
TAPE
READING
1162
SPECIAL COUNCIL MEETING MINUTES
May 4, 1994-
Recorder Tennant stated that in her discussions with the Department of
Revenue, the Budget Analyst confirmed the fact that the issues are separate
and levies can be placed on the ballot either before, during, or after the Budget
Committee process. The state law requires substantial compliance and, in
exploring this issue, it was his opinion that the City would be in substanti,31
compliance as long as another notice of the public hearing was published at
least 8 days prior to the hearing before the Council with additional information
in the notice regarding the publication of the Financial Notice and Summary.
Since the City still had time before the adoption of the budget, absolute
compliance would be the republication of the required notices and holding the
hearing on the specified date. It would cost the City approximately $1,135 to
republish the notices and staff felt that substantial compliance had been met
resulting in an approximate cost of $40 for the extra publication.
Attorney Shields that anyone can bring an argument of compliance before the
tax court. He explained the difference between absolute and substantial
compliance and advised the Council that if they had any concerns regarding
substantial compliance then they should authorize the republication of the
financial summary.
Mayor Kelley stated that he had called the Department of Revenue and talked
to Budget Analyst Ms. Colson who told him that the City would not be in
compliance and republication is required.
Further discussion was held regarding due diligence of process and the
question of absolute versus substantial compliance. Attorney Shields stated
that the safest course would be to re-publish. In any event, the Council could
hold the hearing on May 9th as scheduled which is before the levy election
then authorize the republication of the summary and hold another hearing on
June 13th. As in the past, the budget would be adopted at the last meeting in
June.
Administrator Childs stated that the hearing before the Council is a review
process of the budget document as approved by the Budget Committee. The
hearing is on the total budget and not on the levy before the voters, even
though the levy funds a small portion of the total city budget.
Brief discussion was then held on the attorney's comments and whether or not
authorization should be given to expend the additional funds.
Mayor Kelley expressed his opinion that the funds should be spent and insure
absolute compliance with Budget law.
MITCHELL/FIGLEY .... accept the Attorney's opinion and stay with the
procedure providing for substantial compliance.
Page 2 - Special Council Meeting Minutes, May 4, 1994
3A
TAPE
READING
1841
2016
SPECIAL COUNCIL MEETING MINUTES
May 4, 1994
Attorney Shields restated his opinion that substantial compliance has been met.
Administrator Childs also expressed his opinion that the City was in substantial
compliance but he was willing to contact the Department of Revenue to clarify
their advice to the City and prepare a staff report on his findings at the next
meeting.
On roll call vote, the motion passed unanimously.
Mayor Kelley stated that the governing body should work together to minimize
citizen concerns about facts and figures. He referred to a recent broadcast of
"Let's Communicate" in which Councilor's Figley and Jennings, and Terry Will
participated in the program and gave misinformation to the public on the status
of the budget and the amount of the budget.
Councilors Jennings and Figley objected to the statements made by Mayor
Kelley.
ADJOURNMENT.
JENNINGS/FIGLEY .... adjourn the special meeting.
unanimously.
The meeting adjourned at 8:03 p.m..
The motion passed
APPROVED
LEN KELLEY, MAYOR
ATTEST,
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 3 - Special Council Meeting Minutes, May 4, 1994
TAPE
READING
0001
0013
002O
004~
0063
oo83
DATE.
COUNCIL MEETING MINUTES
May 9, 1994
COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, MAY 9, 1994.
CONVENED. The Council met in regular session at 7:00 p.m.
with Mayor Kelley presiding.
ROLL CALL.
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, 9-1-1
Communications Manager Wolf, City Recorder Tennant
MINUTES.
JENNINGS/FIGLEY .... Council minutes of April 25, 1994 and
workshop minutes of April 19, 1994 be approved; and accept the
Planning Commission minutes of April 14, 1994 and Library
Board minutes of April 27, 1994.
The motion passed unanimously.
APPOINTMENTS - RSVP ADVISORY COUNCIL.
Mayor Kelley appointed Councilor Joe Galvin to replace
Councilor Elida Sifuentez on the RSVP Advisory Council.
JENNINGS/FIGLEY... appointment be accepted. The motion passed
unanimously.
ANNOUNCEMENTS ·
On Tuesday, May 10, 7:00 p.m., at the Woodburn Public Library,
a slide/lecture program will be presented by Artist/naturalist
John Pitcher. In addition, Dr. Larry Davis will receive a
recognition award for his major donation of art prints to the
Library.
Invitations were given to the Mayor and Council to attend an
event featuring the Rose Festival Court at Cascade Retirement
Center on Thursday, May 12, 3:15 p.m..
PROCLAMATION - PEACE OFFICERS MEMORIAL WEEK,
Mayor Kelley proclaimed May 9-13, 1994 as Police Officers
Memorial Week.
3A
Page I - Council Meeting Minutes, May 9, 1994
TAPE
READING
0094
0107
0157
0218
0350
COUNCIL MEETING MINUTES
May 9, 1994
3A
MEETING /%NNOUNCEMENTS.
The Wastewater Advisory Committee will hold their next meeting
on Tuesday, May 17th, 7:00 p.m., at Woodburn City Hall.
The Transportation Task Force meets on the third Thursday of
every month with the next meeting scheduled for May 19, 1994,
7:00 p.m., at Woodburn City Hall.
CHAMBER OF COMMERCE REPORT. ~
Tony Orlandini, representing the Chamber, stated that thenext
Chamber monthly forum is scheduled for May 20th, 12:00 noon,
at Yum Wah's Restaurant. Guest speaker will be Ron Hewitt
from the Chemeketa Training Center. On Friday, May 13th, the
Woodburn Veterinary Clinic will host the Greeter's Program at
7:30 a.m.. Additionally, the Chamber Board is organizing a
Business Fair to give local businesses an opportunity to show
their products to the community at large. This event is
tentatively scheduled for sometime in September.
LETTER FROM L~W ENFORCF. M_~NT GANG COMMITTEE.
Administrator Childs read the letter from the Committee
advising the Council of there work since the last gang forum
such as working with businesses regarding the sale of spray
paint and a draft Public Nuisance ordinance for businesses and
private residences.
~ETTER FROM TERRY WILL R~ TREE REMOVAL WITHIN PUBLIC RIGHT-
OF-WAY.
Mayor Kelley read a letter from Terry Will expressing his
concern about an apparent double standard that is used in the
trimming and/or removal of trees within the public right-of-
way. He cited two situations in which trees were removed, one
of which public works was notified of the pending tree removal
but no permit was ever issued. He stated that when he applied
for a permit in 1989 to remove a tree, he was required to
obtain an arborist report to verify that the tree was diseased
since the tree could only be removed if it was diseased or
dangerous. He requested city reimbursement of approximately
$2500 due to the City's failure to follow its own rules
regarding the tree removal permit process.
Councilor Jennings expressed his opinion that Mr. Will may
have a right to the claim if different standards are being
followed and he suggested that a staff report be submitted to
the Council on this issue.
Mayor Kelley requested staff to proceed with preparation of a
staff report.
Estella Garza, interpreter for Mr. Garcia, stated that Mr.
Garcia owns the building on N. Front Street next to Steen's
Jewelry in the downtown historic district. Mr. Garcia
questions if he can re-open the pool hall which had been at
Page 2 - Council Meeting Minutes, May 9, 1994
TAPE
READING
0668
0795
COUNCIL MEETING MINUTES
May 9, 1994
3A
the location prior to the March 1993 earthquake. She stated
that the Community Development Director has not provided Mr.
Garcia with any information nor has he received any assistance
from the Director on this issue.
Director Goeckritz stated that a pool hall is a non-conforming
use under Chapter 40 of the Zoning Ordinance. The building is
located in the downtown historic district. A grandfather
clause within the ordinance allowed the business to remain at
its location, however, rights allowed under the grandfathe~
clause terminate once the non-conforming activity at the
business ceases. The owner had one year in which to
reconstruct the building and re-open the business. The
building was reconstructed last summer, however, it was
designed for office sites.
Ms. Garza stated that Mr. Garcia did not understand how his
building could be considered as part of the historic zone when
it has never been registered within a historic registration at
the state or federal level.
Director Goeckritz stated that Mr. Garcia's building is one of
many buildings designated within the City's Historic District
and is included in the local designation on the City's
Comprehensive Plan. Registration of a building with the state
or federal historic registry is not a requirement as to
whether or not the building is included in the City's Historic
District.
Mike Doud, 1059 N. Front St., stated that he has lived at this
address over approximately 4 years and has complained
periodically to the Police Department about the speeding on N.
Front Street and the drug/prostitution problem in the
neighborhood park which abuts his property. He expressed his
frustration in not getting the Police Department to listen to
his concerns and take appropriate action. He was also upset
with the fact that the Cinco De Mayo celebration received a
sound amplification permit and the City staff did not follow
through on notifying all affected parties of the time
limitations placed on the permit.
Councilor Jennings suggested that this issue be discussed
later in the meeting.
JENNINGS/SIFUENTEZ .... staff be instructed to republish the
1994-95 budget financial summary and an additional hearing
date be set in conformance with the law.
Councilor Jennings stated that he did not want the question of
substantial compliance versus absolute compliance to turn into
a political situation.
Councilor Figley stated that she was in full support of the
budget and would reluctantly vote in favor of the
republication to protect the budget document.
Councilor Mitchell stated that republication of the financial
summary will still not make it lawsuit proof, however, he felt
Page 3 - Council Meeting Minutes, May 9, 1994
TAPE
READING
0885
1~48
COUNCIL MEETING MINUTES
May 9, 1994
3A
it is necessary to hold another hearing as a precautionary
measure.
On roll call vote, the motion passed unanimously.
PUBLIC HEARING - 1994-95 CITY BUDGET.
Mayor Kelley opened the public hearing at 7:30 p.m.. He also
stated that another hearing on the budget would be held in the
near future.
Administrator Childs reviewed the staff report which provided
information on budgetary revenues and appropriations for all
funds, including State Revenue Sharing. He reviewed the
property tax support which would be required to meet the level
of appropriations approved by the Budget Committee. The total
levy authority proposed by the Budget Committee (excludes
bonded indebtedness) is $2,886,931 which is 6% over the
current levy authority. In addition, recent passage of the
Swimming Pool bond issue will increase the total taxes levied
on the property tax roll, however, it is unknown as to the
actual amount until the bonds are sold later this month. He
reviewed the personnel changes and capital improvements
proposed in the budget document. The total 1994-95 budget for
all city funds is $17,481,759.
No one in the audience provided any public input on the
proposed budget document.
The public hearing closed at 7:43 p.m..
It was noted that the next public hearing will be held on June
13, 1994.
VARIANCE f94-03.
Mayor Kelley declared the public hearing open at 7:44 p.m..
Recorder Tennant read the land use statement as required by
ORS 197.763 which outlines approval criteria and advising
persons in attendance at the hearing of certain rights and
duties.
Community Development Director Goeckritz submitted the
following exhibits into the record:
Exhibit A - Staff Report prepared March 17, 1994; and
Exhibit B - Wallace W. Lien Appeal dated April 1, 1994, ODOT
Correspondence dated March 17, 1994, and Staff Addendum dated
April 3, 1994.
On March 24, 1994, the Planning Commission approved a variance
request to the landscaping standards and acknowledged staff's
administrative approval of a 1,950 square foot building which
would house a Sandwich Express business. The building would
be located near the Hwy. 214/Oregon Way/Country Club Road
intersection which is the area under discussion for a roadway
realignment. Director Goeckritz stated that the developer had
submitted two options, one of which would require a
landscaping variance by decreasing the planting strip between
the property line and public right-of-way from 10 foot to 5
Page 4 - Council Meeting Minutes, May 9, 1994
TAPE
READING
2187
3030
COUNCIL MEETING MINUTES
May 9, 1994
3A
foot (option $1). In Attorney Lien's letter of appeal, he
cited violation of the Transportation Goals and Policies of
the Woodburn Comprehensive Plan. Director Goeckritz stated
that ODOT will permit a right-turn egress onto Highway 214 but
not a right-turn ingress. He also stated that the State
Transportation Rule is not a factor unless there is a request
for a change of zone. In his opinion, small eatery
establishments generate limited traffic.
Arthur Hill, representative of Sandwich Express, stated t~at
the landscaping variance will not be required if option 2
(site plan that provides for the realignment of the roadway)
is allowed since two parking stalls can be changed to compact
car parking stalls therefore eliminating the need for the
variance. He stated that the establishment would be a
Victorian House design and it would bring credit to the
community.
Dorothy Senatra, 1600 Country Club Circle, stated that she was
not in favor of more traffic on Highway 214, however,' if the
street changes do occur and the traffic signal installed, she
requested that the traffic signal be audible for blind or
impaired vision pedestrians.
Mrs. Stigerts, 966 Oregon Way, questioned if the oil tanks
would be removed before a building permit is issued. She also
stated that she has a large sugargum tree located within the
right-of-way which provides shade to her home during the
summer months and her intent is to save the tree if the
roadway realignment does occur.
Fred Jackson, representing Kentucky Fried Chicken, stated that
he did not object to a new business in the area, however, he
was concerned about issues that would directly affect his
business such-as the flow of traffic and replacement of
signage. He also stated that several seniors had asked him to
address the realignment issue since they are concerned about
increased traffic going through their neighborhood.
Public Works Director Tiwari stated that the entrance to
Fairway Plaza which is located directly across from Rainier
Road will be closed if the roadway realignment is completed.
A public hearing will take place when the street vacation is
before the City Council.
Mr. Jackson stated that he is willing to work with the City,
however, he does not want to incur additional costs in
replacing signage that has just been installed.
Orin Thomas, 2136 Rainier Road, stated that he likes the
barricade currently in place and he did not feel that another
restaurant was necessary. Additionally, the realignment will
cause more traffic and he would prefer the quietness that now
exists with the barricade in place.
Don Mixell, 799 Oregon Way, questioned if the building on the
property was going to be torn down and if a barrier would be
installed along the Thomas's property line.
Councilor Jennings stated that he had previously met with the
Page 5 - Council Meeting Minutes, May 9, 1994
TAPE
READING
Tape 2
0113
231
O53O
COUNCIL MEETING MINUTES
May 9, 1994
3A
Thomas's on another issue and that Mrs. Thomas had told him
that she did not want her view blocked by a barrier.
Shirley Mixell, 799 Oregon Way, stated that SENA had asked for
and been denied for a continuance of the hearing at the
Planning Commission level. She stated that the public hearing
was required since the developer was proposing a variance on
the landscape standard. In regards to the realignment, nq
consideration has been given to the neighborhood and she ~elt
that Mr. Thomas will have more traffic flow near his home.
She also stated that if the purpose of the realignment was to
improve the intersection, then having a egress less than 50
feet away from the light will create more problems then it
will solve.
Mark Shipman, Attorney representing SENA, stated that the
procedural notice was defective in that it did not
specifically address Chapter 11 regarding Site Plan Review.
Therefore, he requested an automatic continuance of the
hearing. Additionally, he felt that the developer should
formally withdraw option ~1 or the Council needs to rule on
both alternatives.
Director Goeckritz informed the Council that the applicant has
already withdrawn option #1 at the Planning Commission level.
Attorney Shipman expressed opposition to the site plan since,
in his opinion, it did not meet the criteria addressed by
staff and a traffic study should be initiated with the end
result being that access to Highway 214 would be prohibited.
If the Council did not elect to continue the hearing, he
requested to have the record remain open for an additional 7
days.
Attorney Shields stated that the notice does not provide
specific reference to Chapter 11 even though it clearly
mentions site plan review on the notice. In order to protect
the record and future Council decision, he recommended that
the hearing be continued to the next meeting.
Councilor Jennings questioned if the applicant wants to move
the building in order to eliminate the variance, would they
need to submit a new site plan and follow through the regular
process. Following some discussion on this question, the
Council, Attorney Shields stated that the Council should
continue to take testimony at this meeting, continue the
hearing, and allow him to do additional research on this issue
prior to the next meeting.
Virginia Hunt, 781 Oregon Way, questioned if the gas station
would be torn down and a new building built in its place.
Public Works Director Tiwari answered questions that had been
brought to the Council's attention. He stated that if option
#2 is accepted as proposed, the gas station will be completely
Page 6 - Council Meeting Minutes, May 9, 1994
COUNCIL MEETING MINUTES
May 9, 1994
TAPE
READING
removed and a new building will be put in its place. In
regards to the audible traffic signal, he had previously
discussed this issue with Ms. Senatra and has subsequently
passed the information onto the State. This type of signal
will most likely be installed if the road realignment project
is approved. In regards to the tree on Oregon Way, the
engineering plan calls for left turn lanes on both Country
Club Road and Oregon Way. The City will most likely need ~o
use another 2.5 feet of existing right-of-way, however, i% may
be possible to adjust the existing plan in order to save the
tree. He also briefly discussed the proposed access onto
Highway 214 which has been approved by the State Highway
Department. He stated that entrance into the establishment
will not be allowed from Highway 214, however, exiting the
property with a right-turn only is acceptable since the
traffic signal will give a break in the traffic flow.
0969
1030
1063
JENNINGS/FIGLEY ..... continue the public hearing until May 23,
1994. On roll call vote, the motion passed unanimously.
The meeting recessed at 8:59 p.m. and reconvened at 9:07 p.m..
COUNCIL BILL 1538 - ORDINANCE VACATING COUNTRY CLUB RO~TM
RIGHT-OF-WAX AND EASEMENT AND REDEDICATION OF RIGHT-OF-WAy
(T~w~LA D~v~LOPMENT)~
Council Bill 1538 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 Kelley declared Council Bill 1538 duly passed.
COUNCIL BILL ;$39 - RESOLUTION A THORIZINQ P RSON SERV CE
AGREEMENT WITH DON CAREY AND ASSOCIATES FOR DESIGN AND~
CONSTRUCTION OF AOUATIC CENTE~.
council Bill 1539 was introduced by Hagenauer. The bill was
read by title only since there were no objections from the
Council. On roll call vote for final passage, Council Bill
1539 passed 5-0-1 with Councilor Mitchell abstaining. Mayor
Kelley declared Councll Bill 1539 duly passed.
COUNCIL BILL ~540 - RESOLUTION AUTHORISING SALE OF GENER~T.
OBLIGATION BONDS FOR THE CONSTRUCTION OF A SW!--HMING pOO?.
COMPLEX.
Councilor Hagenauer introduced Council Bill 1540. The bill
was read by title only since there were no objections from the
Council.
Due to the uncertainty of construction costs, the bond sale
would be for the full amount authorized by the voters. A
variety of options exist that would provide some relief on
property taxes in the event there is a surplus of funds
following the completion of the project. Staff recommendation
would be to apply any surplus towards bond principal and
Page 7 - Council Meeting Minutes, May 9, 1994
3A
TAPE
READING
1200
1231
1259
1413
1437
COUNCIL MEETING MINUTES
May 9, 1994
interest payments in any or all of the second through fourth
years. The City will need to levy the full amount as approved
by the Budget Committee in fiscal year 1994-95 to insure
collection of sufficient funds for bond principal and interest
payments due June 1, 1995. Following a brief discussion, a
roll call vote was taken for final passage. The vote was 5-0-
1 with Councilor Mitchell abstaining. Mayor Kelley declared
the Council Bill 1540 duly passed.
COUNCIL BILL 1541 - RESOLUTION SETTING A PUBLIC HEARING
WHETHER TO VACATE a PORTION OF PUBDIC RIGHT-OF-WAY NEAR
INTERSECTION OF HIGHWAY 2~4/COUNTR¥ CLUB ROAD/RAINIER ROAD,
Council Bill 1541 was introduced by Hagenauer. Recorder
Tennant read by bill by title only since there were no
objections from the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Kelley declared
Council Bill 1541 duly passed.
INS~]~ANCE AGENT OF RECORD SELECTION PROCESS,
A staff memorandum recommended that a Councilor be designated
to assist the staff in evaluating applications for the City's
Agent of Record.
JENNINGS/FIGLEY .... designate Councilor Magenauer to assist
the staff with the Agent of Record process. The motion passed
unanimously.
REOUEST FOR USE OF SO~ND AMPLIFICATION EQUIPMENT.
Angel Garcia requested permission to use sound amplification
equipment on May 14, 1994, between the hours of 6:00 p.m. and
9:30 p.m.. The private party will be held at 218 Oswald
Street and will include a performance'by Ballet de Folklorico
de Woodburn and music played by a disc jockey.
JENNINGS/FIGLEY .... request be approved for Saturday, May 14,
between the hours of 6:00 p.m. and 9:30 p.m..
Brief discussion was held regarding the need to review the
noise ordinance since it is very general in nature.
The motion passed unanimously.
CLAIMS FOR THE MONTH OF APRIL 1994.
SIFUENTEZ/GALVIN .... approve voucher checks #22452 - #22811
for the month of April 1994. The motion passed unanimously.
City Administrator Childs advised the Council that with the
passage of Council Bill 1540 (Calling for Bids for General
Obligation Bonds), the Council will be required to meet within
4 hours of the bid opening to make a determination on the
bids. The bids will be opened on Tuesday, May 24, 1994, at
10:00 a.m.. It was the consensus of the Council to meet at
12:30 p.m. on May 24th.
JENNINGS/GALVIN .... publish notice of the meeting.
Page 8 - Council Meeting Minutes, May 9, 1994
TAPE
READING
~6~7
1671
COUNCIL MEETING MINUTES
May 9, 1994
Councilor Jennings stated that the City has been criticized
for not providing more notice of meetings and this is one
method of making sure the public is aware of the special
meeting.
On roll call vote, the motion passed unanimously.
SITE PLAN REVIEW.
(1) Patrick Industries Site Plan Review #94-05, and ~
(2) Fleetwood Industries Site Plan Review #94-06. ~
Councilor Jennings expressed his enthusiasm for the pending
projects since they will bring more jobs to the community.
action was taken by the Council on either site plan.
No
STAFF REPORTS.
(1) Response from Department of Revenue -- Administrator
Childs clarifying the conflicting advice from the Department
of Revenue on the public hearing issue.
(2) Proposed Juvenile Curfew Ordinance -- The proposed
ordinance (which was included in the agenda packet) has been
forwarded to the Gang Committee for review.
(3) Infrastructure problems: Windfield Estates Subdivision--
In a staff memo, it was noted that the City was not involved
with any financial or other agreements between the private
parties in regards to the sale of lots. The infrastructure
has not met city standards and temporary barricades will again
be installed to prohibit public use of the street. The City
has written a letter to the subdivision owner advising them
that the open utility trenches must be filled and if it is not
done by May 16th, the City would hire a contractor to fill the
trenches and charge the owners for the work.
(4) Settlemier Avenue closure due to water line replacement--
Over the next six weeks, the Water Department will be
replacing water lines along Settlemier Avenue between Lincoln
Street and Arthur Street. The portion of the street in which
is being performed will be closed from approximately 9:00 am
to 3:00 pm..
(5) Public Works Week Program -- A schedule of activities for
the period of May 16th through May 21st was provided as
informational material.
(6) Art Donation to Woodburn Public Library -- Dr. Larry
Davis has donated a total of 55 art prints to the Library,
many of which were done by Artist/naturalist John Pitcher from
Washington. A slide/lecture program featuring Mr. Pitcher
will be held on Tuesday, May lOth, 7:00 p.m. at the Library.
A reception will follow the program and Dr. Davis will receive
a recognition award for his contribution to the Library and
community.
(7) Building Activity Report for April 1994.
3A
Page 9 - Council Meeting Minutes, May 9, 1994
TAPE
READING
1809
1926
1926
1980
COUNCIL MEETING MINUTES
May 9, 1994
Councilor Sifuentez expressed her willingness to participate
on a committee to review the noise ordinance.
Councilor Figley reminded the public that children are
eligible for free immunizations on May 14th at several public
clinics one of which is the Salud Medical Center.
Councilor Figley also requested that pathways in Senior
Estates Park be repaired to prevent injuries to individuals
walking in the park.
Councilor Jennings expressed his appreciation to the Ms.
Senatra for bringing the audible traffic signal request to the
Council's attention.
EXECUTIVE SESSION.
JENNINGS/FIGLEY .... adjourn to executive session to conduct
deliberations with persons designated by the governing body to
negotiate real property transactions under the authority of
ORS 192.660 (1)(e). The motion passed unanimously.
The Council adjourned to executive session at 9:35 p.m. and
reconvened the meeting at 9:48 p.m..
¢0UNCIL BILL 1542 - RESOLUTION ENTERING INTO A PURCHASE AND
~LB AGREEMENT WITH DALE BAKER~NDTIMOTHY BROWN.
Council Bill 1542 was introduced by Hagenauer. The bill was
read by title only since there were no objections from the
Council. On roll call vote for final passage, Council Bill
1542 passed unanimously. Mayor Kelley declared the bill duly
passed.
ADJOURNMENT ·
JENNINGS/SIFUENTEZ .... meeting be adjourned. The motion
passed unanimously. The meeting adjourned at 9:50 p.m..
3A
APPROVED
LEN KELLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 10 - Council Meeting Minutes, May 9, 1994
Executive Session
COUNCIL MEETING MINUTES
May 9, 1994
DATE, CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION,
STATE OF OREGON, MAY 9, 1994.
CONVENED. The Council met in executive session at 9:38 p.m. with Mayor Kelley
presiding. The session was held under the authority of ORS 192.660 (1)(e).
ROLL CALL.
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, City Recorder Tennant,
Public Works Director Tiwari
The purpose of the executive session was to conduct deliberations with persons designated
by the governing body to negotiate real property transactions.
City Attorney Shields reviewed proposed contract language relating to the negotiations for
real property located near the Country Club Road/Oregon Way intersection.
ADJOURNMENT.
The executive session adjourned at 9:50 p.m..
APPROVED
LEN KELLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page I - Executive Session, Council Meeting Minutes, May 9, 1994
'3B
MINUTES
WOODBURN PLANNING COMMISSION
APRIL 28, 1994
1)
2)
3)
4)
5)
ROLL CALL:
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Staff Present:
MINUTES:
Mrs. Warzynski Present
Mr. Bauer Absent
Mrs. Davis Present
Mrs. Bjelland Absent
Mrs. Henkes Present
Mr. Atkinson Present
Mr. Finch Present
Mr. Pugh Present
Mr. Kosikowski Present
Steve Goeckritz, Community Development Director
Teresa Engeldinger, City Planner
The Woodburn Planning Commission minutes of April 14, 1994 were accepted
with the following corrections:
1. Page 8, 3rd paragraph, the word "past" should be replaced with "up to
the discussion".
2. Page 8, paragraph 7, the word "something" should be replaced with"
a response from ODOT".
BUSINESS FROM THE AUDIENCE:
None
COMMUNICATIONS:
A City Attorney Memorandum Opinion No. 94-02, Ex parte Contacts
PUBLIC HEARING:
A. SPR//94-05, VAR 94-04, LLA 94-02 Patrick Industries
PCM 4/28/94
SG:bw
Staff read the statement necessary to begin the public hearing. Staff read the
criteria relevant to this hearing, the Raise or Waive Rule and the Right to Have
the Record Remain Open.
Staff stated there were three basic proposals. One is the SPR for a 137,000
manufacturing facility. The second is a lot line adjustment agreement between
Fleetwood and Patrick Industries. The third is a variance for the driveway, 50'
instead of 39'. Patrick Industries is a 19 acre parcel which fronts Highway 99E
for approximately 1280 feet. Staff stated that the applicants proposal is a
permitted out right use in this zone. It is located north of Sierra Craft. Staff
explained the design of the proposal, office, parking, etc. Staff stated t.h. at
Patrick Industries, over a period of two or three years, could double its number
of employees. The applicant has requested a driveway with right-in, right-out
and left turn refuge lanes. The property to the north is vacant land. It will be
left vacant and mowed. The cul-de-sac of National Way will give Patrick
Industries a second access to their property. Staff stated that in the Planning
Commission packets there was a staff report from Darwin Doss that addresses
the Comprehensive Plan issues and the Zoning issues. Staff stated that the
City felt comfortable with their analysis and their response to the various
issues.
The Addendum, which addresses driveway access issues, was brought up by
staff. Staff gave a brief history of the property. In 1988/89 Miller Brewery
representatives approached the city and presented a proposal to make this 43
acres into a Industrial Park subdivision. City agreed that this was a good
proposal and worked to make sure that in the future public access to Highway
99E would be available. In 1990 that the State Highway Division began
analyzing right of way issues, driveway access, etc. The city went through the
process of developing an access agreement with the Highway Division. At that
time ODOT had no interest in allowing any access on to 99E from the north
UGB (Urban Growth Boundary) all the way down to the Sierra Craft facility.
The city believed that in that 1200 feet of distance at least one access point
should be provided. The state agreed. Since then the Highway Division has
stated that they have purchased the rights to any private access along that
12OO feet of highway. It will take either a request from the city for a public
access or a request from the property owner for private access. There is come
contention on the part of Miller Brewery and Patrick Industries that this access
was not purchased. The contention on the State Highway side is that it was
purchased. This will have to be resolved between those two parties. The city
was not part of that negotiations. Since then, Patrick Industries has
approached the city and asked for a private access on Highway 99E. Staff
contacted Mr. Grassman of ODOT and asked for his interpretation if the city
could make allowance and change from a public access to a private access.
3B
PCM 4128/94
SG :bw
2
3B
At that time his tentative response was that it was a possibility. Since that
time the State has firmed their position that they do not believe they will
provide for private access on to that property. However, the applicant and city
do have the opportunity to make application to the State for a public driveway.
In the addendum of the staff report there are three basic options. 1) Only a
public access is allowed by the State. That the applicant provide a 90 right of
way, and in turn improve that right of way from the street to the back portion
of their asphalt improved area and dedicate the rest. 2) The applicant be
allowed to go ahead an try to secure access for a private driveway from the
State Highway. 3) Is one in which the applicant look at potentially a re-design
so that he could access from National Way. As far as the proposal, staff h, as
recommended approval of the Site Plan, approval of the Variance and appr(xval
of the Lot Line Adjustment. Staff stated that the Public Works Director, Frank
Tiwari, was available for questions if the Commission so wished his input.
Staff also stated that depending on the outcome of Patrick Industries, it would
affect Fleetwood's request.
Commissioner Kosikowski asked if the State Highway Division had been invited
to participate in this hearing.
Staff answered yes, that in the memo this letter was to be considered part of
the record and their presentation.
Chairperson Warzynski asked if the Commission had any say in making a
decision on the alternatives.
Staff answered yes, the Commission will have to make the determination on
which of those three alternatives you will accept.
Chairperson Warzynski asked if both Patrick Industries and Fleetwood are going
to have access from the National Way cul-de-sac.
Staff answered yes, Fleetwood would have two driveway accesses from this
cul-de-sac.
Commissioner Kosikowski asked
recommendations.
if the Commission could make
Staff answered yes.
Commissioner Henkes asked what Patrick Industries would be manufacturing.
Staff answered laminated wood materials for cabinets, etc, for manufactured
PCM 4/28/94
SG:bw
3
3B
homes and travel trailers, etc.
The applicant, Darwin Dawson, Salem, representing Patrick Industries, clarified
that the property to the south is owned by Fleetwood. They are negotiating at
this time. Patrick Industries feel the best option is to secure access from
Highway 99E, but to also have the an emergency access from National Way.
He stated that none of the options presented in the staff report were viable to
Patrick Industries. He suggested another alternative, rather that the city require
a shorter street dedication of about 250 feet so that Patrick would have access
and the property located to the north would have access if it were developed
in the future. He stated that another point Patrick Industries was concerned
about was the non remonstrative agreement regarding the traffic signa~ at
Industrial Way. They wished some evidence from the city that they are not the
only signature on that agreement and be responsible for the whole dollar
amount. He was also concerned about customers/clients of Patrick Industries
finding the access to their facility with no access on Highway 99E as proposed
in the third alternative.
Chairperson Warzynski asked Mr. Dawson if he stated that the property located
on National Way belonged to Fleetwood?
Mr. Dawson answered yes.
Commissioner Henkes asked about the signal, where was it to be located.
Mr. Dawson answered at Industrial Way.
Commissioner Kosikowski asked about public access, he asked how far it
would be into the property?
Mr. Dawson answered about 250 feet. It would be located 400 ft. south of
the north property line.
Chairperson Warzynski asked if there was anyone who wished to speak for this
proposal.
Jane Kanz, Director Woodburn Area Chamber of Commerce, stated that she
was in support of both Patrick Industries and Fleetwood projects. She talked
about the future of Woodburn in regards to jobs and good companies locating
and remaining in Woodburn.
John Richards, Fleetwood, stated that Fleetwood would be affected by this
proposal. He stated that Fleetwood would not be in support of a through public
PCM 4128194
SG:bw
'3B
access going around the rear of their property. Fleetwood does not like their
property adjacent to the public road due to vandalism, etc.
Commissioner Kosikowski asked if Fleetwood would oppose the public access
of a cul-de-sac 250 feet into Patrick Industries property?
Mr. Richards stated no, they would not oppose a cul-de-sac.
Chairperson Warzynski asked if there was anyone else who wish to speak for
the project? There were none. She then asked if there was anyone in the
audience who wished to speak against this proposal? ~
Betty Pierce, Oregon Way, referred to a letter from ODOT dated 4/20/94
stating no access from Hvvy 99E. She was concerned about trucks and
Manufactured Homes coming onto Highway 99E.
Chairperson Warzynski asked if there was anyone else who wished to speak
against this proposal? There were none. The public hearing was closed.
Commissioner Kosikowski asked if the Commission had the power to force or
subpena the State to show up at these hearings so they could be included in
the discussion? He asked Mr. Frank Tiwari, Public Works Director if the state
could be forced to attend these hearings?
Mr. Tiwari answered that he felt that state had put their case in writing. He
stated that the Commission has no jurisdiction in regards to the State
highways.
Commissioner Pugh asked Mr. Tiwari to clarify the cul-de-sac concept.
Mr. Tiwari stated that there was an agreement between the City and State
regarding public roads. A public road should function like a public road, which
the city must maintain. A private driveway should function as a private
driveway that only benefits single development and the city should not have to
maintain that access. If a cul-de-sac is put in and is for the benefit of that
development only, then due to it being a road the city must maintain it.
Commissioner Kosikowski asked what type of maintenance the city would be
responsible for?
Mr. Tiwari answered that just like any other cul-de-sac in the city, would need
to be maintained.
PCM 4/28194
SG:bw
5
3B
Commissioner Pugh asked if Mr. Tiwari if there would be any difference if there
was a private driveway or a cul-de-sac?
Mr. Tiwari answered no difference, due to the same amount of traffic using
both. He then explained what was meant by controlled access by the state.
Chairperson Warzynski asked staff if he could clarify the alternatives listed in
the staff report.
Staff answered the Commission will decide to require either a cul-de-sac, public
street from property line to property line, private driveway, or no access fr.om
Highway 99E. ,
Chairperson Warzynski asked if Nationally was extended without a cul-de-sac
would it divide Fleetwood and Patrick Industries on the property line?
Staff answered no it would cut through one of the Patrick Industries properties.
Commissioner Henkes stated she would like to see this a private driveway at
no cost to the city and it would protect Fleetwood.
Staff recommended to the Commission that they prioritize the alternatives to
the State.
Commissioner Pugh stated that this needed more work. He recommended it
go back to staff with three Commissioner members for further
recommendations to the state.
Chairperson Warzynski felt that all the alternatives would be turned down by
the state.
Staff stated that satisfying all three involved, Patrick Industries, City and State
was a job. Staff stated no matter what the Commission recommends it will be
negotiate with the state.
Commissioner Pugh made the motion to refer this proposal back to staff and
a sub-committee of the Commission to work with staff and bring back to the
Commission for presentation publicly as soon as possible.
The motion died for lack of a second.
Commissioner Henkes made the motion to make this a private driveway.
PCM 4/28/94
SG:bw
6
The motion died for lack of a second.
Commissioner Kosikowski made the motion to recommend to the State
Highway Division the alternatives recommended by staff prioritized as they are
with one additional alternative, Addendum 1-A the option made by Patrick
Industries, a public access 250 ft. with a cul-de-sac.
Commissioner Davis seconded the motion.
A roll call vote was taken.
Chairperson Warzynski - Yes
Commissioner Pugh - No
Commissioner Kosikowski - Yes
Commissioner Henkes - No
Commissioner Davis - Yes
Commissioner Atkinson - Yes
The motion passed.
Chairperson Warzynski asked for a motion on the Site Plan Review, Lot Line
Adjustment, and the Variance.
Staff stated that the variance would only apply if the state accepts the private
driveway alternative.
Commissioner Kosikowski made the motion to approve the SPR #94-05, VAR
//94-04 and LLA//94-02.
Commissioner Henkes seconded the motion.
A roll
call vote was taken:
Chairperson Warzynski - Yes
Commissioner Henkes - Yes
Commissioner Kosikowski - Yes
Commissioner Atkinson - Yes
Commissioner Pugh - Yes
Commissioner Davis - Yes
The motion passed.
A three minute break was taken.
Chairperson Warzynski reopened meeting.
3B
PCM 4/28/94
SG:bw
7
3B
Commissioner Pugh wished to change his vote from a yes to a no on the last
motion approving SPR 94-05, VAR 94-04, and LLA 94-02
B. SPR #94-06 Fleetwood Enterprises.
Staff read the statement necessary to open this hearing. Staff read over the
relevant criteria for this proposal and the Raise It or Waive It Rule. Staff stated
that a correction was necessary on pg. 5, the last paragraph sentence referring
to Highway 99E access should be removed. Staff stated that Fleetwood
Enterprises had purchased from Miller Brewery a 24 acre parcel with 2 access
points off of the National Way cul-de-sac one for employees and the other~ or
for storage facilities of the manufactured homes on the back lot. Staff gave a
brief history of the property which was owned by Miller Brewery. Staff stated
that the applicant wished to add a 48,000 sq. ft. addition to the existing
building. Staff did request to have in the record the request that when the
developer does future development a 45 ft right-of-way could be dedicated
depending on the State's response to Patrick Industries proposal.
The applicant, John Richard, 3125 Myers, Riverside, CA. representing
Fleetwood Enterprises, stated he was concerned about the possibility of a road
being built behind their property in the future. He discussed the facilities
already existing in Woodburn. He stated that each facility is responsible for
their own financial survival. The new facility will have to be responsible for any
and all conditions the Commission request of the facility. He stated that the
only objection Fleetwood has is the road to be dedicated behind or to the north
of their property.
Dave Pollsen, Dave Newton & Associates, 1201 SW 12th, Portland, stated that
the city staff had been very cooperative. He stated that generally they agreed
with the staff report. He did had a couple of concerns, 1) the non-
remonstrative agreement regarding the assessment district. They would like
more information. 2) the non-remonstrative agreement for roadway
dedication. They would like more information. He wished some of the wording
to be used in the staff report be changed. In their application, he had listed
Fleetwood objections:. Comprehensive Plan C-8 - he stated that the 90 ft.
dedication of right-of-way at the north property line is at the city limit. He felt
to dedicate that right-of-way would contradict the Comprehensive Plan. He had
a letter from Universal Forest Products, regarding the other 45 ft. right-of-way
dedication stating that no new public street was necessary for Universal Forest
Products future expansion. Universal Forest Products had some concern that
a new road into the industrial park would bring non industrial park traffic trying
to avoid the lights at the corner of Hvvy 214 and 99E. Mr. Pollsen had
concerns about the drainage easement. If the roadway was constructed with
PCM 4/28~94
SG:bw
8
'3B
the drainage easement in its current place, a portion of the property would not
be able to be developed.
Dan O'Roke, 2655 Progress Way, General Manager, Fleetwood Homes, had
concerns regarding more traffic.
Chairperson Warzynski asked if there was anyone in the audience who wished
to speak for this proposal? There were none. She then asked if there was
anyone who wished to speak against this proposal. There were none. The
public hearing was closed.
Staff addressed the applicant's question regrading the future signal at Industrial
Way. He explained how the fair share would be reached.
Commissioner Kosikowski asked if all of the industrial park would be included
in the improvement district.
Staff answered yes.
Chairperson Warzynski asked if the street issue had to be addressed with this
SPR?
Staff answered yes, the addendum is the same as Patrick Industries SPR.
Commissioner Pugh moved for a continuance until the next Planning
Commission meeting.
Commissioner Atkinson seconded.
A roll call vote was taken:
Chairperson Warzynski
Commissioner Pugh
Commissioner Kosikowski
Commissioner Atkinson
Commissioner Henkes
Commissioner Davis
- No
- Yes
- No
- Yes
- No
- Abstain
The motion failed.
Mr. John Richards asked if Fleetwood Homes came back in the future with
another SPR for expansion couldn't the city request a dedicated right-of-way
at that time.
PCM 4/28194
SG:bw
9
Staff answered yes.
Commissioner Kosikowski made the motion to approve SPR #94-06 with the
conditions listed in the staff report and with the stipulation that in any future
development of Fleetwood Enterprises in this area a 45 ft. dedication of right-
of-way will be required.
Commissioner Henkes seconded.
A roll call vote was taken:
Chairperson Warzynski
Commissioner Kosikowski
Commissioner Pugh
Commissioner Atkinson
Commissioner Henkes
Commissioner Davis
- Yes
- Yes
- Yes
- Yes
- Yes
- Abstain
The motion passed.
3B
DISCUSSION:
None
REPORTS:
A. SPR 94-04 US Bank
Staff gave administrative approval for a 598 sq. ft. addition.
B. Adjustment, Lot #29 Miller Farm
Administrative decision to approve.
C. Neighborhood Association Information.
Staff stated that in the future a joint meeting would be held.
PCM 4/28/94
SG:bw
10
3B
BUSINESS FROM THE COMMISSION:
Commissioner Warzynski had concerns regarding Laurel Avenue septic tanks
at properties not annexed into the city. She felt that these pockets of property
should be annexed into the city.
Commissioner Henkes had some concerns regarding the paving on Brown
Street.
Staff stated that it was under litigation.
ADJOURNMENT:
· There being no further business the Planning Commission meeting
adjourned.
PCM 4/28/94
SG:bw
11
PROCLAMATION
4D~
V F W POPPY SA! FR
May 26, 27, 28, 1994
WHEREAS, the annual sale of Buddy Poppies by the Veterans of Foreign Wars
of the United States has been officially recognized and endorsed by governmental
leaders since 1922; and
WHEREAS, V F W Buddy Poppies are assembled by disabled veterans and the
proceeds of this worthy fund-raising campaign are used exclusively for the benefit of
disabled and needy veterans, widows and orphans of deceased veterans; and
WHEREAS, the basic purpose of the annual sale of Buddy Poppies by the
Veterans of Foreign Wars is eloquently reflected in the desire to 'Honor the Dead by
Helping .the Living;' THEREFORE,
I, Len Kelley, Mayor of the City of Woodburn, Oregon hereby urge the citizens
of this community to recognize the merits of this cause by contributing to its support
through the purchase of Buddy Poppies on May 26, 27 and 28, 1994, the period set
aside for the distribution of these symbols of appreciation for the sacrifices of our
honored dead.
I encourage all patriotic citizens to wear a Buddy Poppy as evidence of our
gratitude to the people of this country who have risked their lives in defense of the
freedoms which we continue to enjoy as American citizens.
City of Woodburn
MEMO
8A
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Council through City Administrator
Community Development Director
SPR 94-01 and VAR 94-03 Baker & Brown Sandwich Express
May 12, 1994
On May 10, 1994 the Planning Department received correspondence from Mr.
Arthur Hill, a representative for Sandwich Express, to withdraw their request
for Variance 94-03.
Staff Recommendation:
The City Council acknowledge the applicant's request and add two
conditions to the Planning Commission's conditions of approval which
would read as follows:
Reduce the size of parking spaces (Nos. 4 and 5) on the site
Phase Ii from the stall standard of 19' x 9' to a compact car stall
standard of 15' x 9' or remove these two parking stalls from the
parking inventory.
Meet the landscape standards for a five-foot landscape strip
adjacent to Country Club Road as prescribed in Section 30.060
of the Woodburn Zoning Ordinance·
14EMOS\$PRVARBB. CCH
-1 8A
TO:
FROM:
SUBJECT:
DATE:
MEMO
MAYOR AND CITY COUNCIL THROUGH CITY ADMINISTRATOR
PLANNING COMMISSION ~L~
APPEAL TO CITY COUNCIL, SANDWICH EXPRESS
SITE PLAN #94-01 AND VARIANCE #94-03
MAY 5, 1994
At their hearing of March 24, 1994 the Planning Commission acknowledged staff's
administrative approval of a 1,950 square foot 'Sandwich Express" and approved a
request for a variance to the landscaping standards.
This action resulted in an appeal by Wallace W. Men, P.C., representing 'Woodburn
Senior Estates Neighborhood Association.' His appeal is incorporated in your staff
report as Attachment F. Staff's response to that report is incorporated as
Attachment G/Addendum. The site plan maps are incorporated as Attachment J.
After the public hearing, the Council may reverse or affirm, in whole or in part, the
decision of the Planning Commission with any conditions that are appropriate.
After Council deliberation, it will be necessary to direct staff, bv motion, to oreoare
8 DrODOSed ordinance, with findin0s and conclusions, for consideration and adoption
bv Council at its next meetinq.
Arthur Hill
8675 Rogers Road
Independence, OR 9?35
((503) 838-3333 lax: (503) 8.'48-1.~19
May 10,1994
Steve Goeckritz
Community Development
City of Woodbum
270 Montgomem/St.
Woodbum, Oregon 97071
Dear Teresa,
This letter is to confirm that we wish to withdraw our request for variance 94-03
on (Option 2) Sandwioh Express SPR 94-01 plans as presented. As I testified in
the planning commission hearing last evening, we want to comply with the goals
of the planning staff and all codes. The restrictive nature of the dual-phased
buildout is no longer in the plan. This will permit the movement of the building
approximately 4 rt. west allowing the required 5 ff. green area required. We will
reduce the size of the two parking places to compact size to preserve the use of
that area as parking. We are agreeable to the condition of approval of our plans
of the 5 ft. landsc, apc setback.
Thanks again to you and the others at the City of Woodbum.
Sincerely,
Arthur Hill
IOA
City of Woodburn
Police Department
MEMORANDUM
270 Montgomery Street
Don Eubank
Operations Lieutenant
Woodburn, Oregon 97071(503) 982-2345 Ext. 351
Date: May 19, 1994
To: ~C_~ris Childs, City Administrator
/~i~or and Council
Thru: ~Wright, Chief
RE: Law Enforcement Gang Forum Committee
Curfew Ordinance
Committee
Members:
Patti Milne Co-chair, Alicia Hernandez Co-chair, Diana Meyer, Pam
Harrington, Ricky & Vickie Akins, & Don Eubank
Thank you to other citizens who have attended a meeting to give their
opinion and input to the committee.
In September of 1993 a second city wide Gang Forum was held with the intent on
forming work committees. Two (2) Law Enforcement Committees were formed. One
committee has been working on Nuisance and Graffiti Ordinances. My committee
focused on a Curfew Ordinance with the intent of making parents more responsible
and accountable for their children.
After approximately eight (8) meetings the committee presented the City Attorney
with a draft ordinance. I have had several meetings with the city attorney to discuss
the proposed ordinance. The committee and the city attorney have met and discussed
the changes he made. After reviewing the "legal" paper and putting the changes
made into perspective, the committee is quite satisfied with the final version.
We present this Curfew Ordinance to the City Council for consideration. We are
confident that with the cooperation of the Municipal Court and the Juvenile
Department, services can be made available for families to improve patenting skills,
develop individual self esteem and to cultivate life skills needed to survive in todays
complicated society.
10A
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE SETTING TIMES FOR JUVENILE CURFEWS, PROVIDING FOR
PENALTIES AND DECLARING AN EMERGENCY.
WHEREAS, the City of Woodburn is a municipal corporation with a charter and
home rule powers, and
WHEREAS, Oregon state law vests the City with legal authority to enact local
curfew restrictions and regulations which are consistent with state statute and the
hours of which are at least as restrictive as those hours allowed by state law,
WHEREAS, it is in the interests of the citizens of the City of Woodburn to
enact a local juvenile curfew ordinance, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Cu~ew. No minor under the age of 18 years shall be in or upon any
street, highway, park, alley, or other public place between the hours specified in
Section 2, unless:
(a) Such minor is accompanied by a parent, guardian or other person 18 years
of age or over and authorized by the parent or by law to have care and custody of the
minor;
(b} Such minor is then engaged in a lawful pursuit or activity which requires
the presence of the minor in such public place during the hours specified in this
Ordinance, or
(c) The minor is emancipated pursuant to ORS 419B.550 to 419B.558.
Section 2. Hours of Curfew. For minors under the age of 16 years, the curfew
is between 10:00 p.m. and 6:00 a.m. of the following morning. For minors 16 years
of age or older, the curfew is between 12:00 a.m. midnight and 6:00 a.m. of the
following morning.
Section 3. Responsibility of Parent or Guardian. No parent, guardian, or person
having the care and custody of a minor under the age of 18 years shall knowingly or
negligently allow such minor to be in or upon any street, highway, park, alley or other
public place between the hours specified in Section 2, except as otherwise provided
in this Ordinance. For purposes of this section, a person negligently allows a violation
Page 1 -
COUNCIL BILL NO.
ORDINANCE NO.
10A
if in the exercise of reasonable diligence the person should have known that a
violation would occur.
Section 4. Violation bv MinQr. Any minor who violates the provisions of this
ordinance may be taken into custody as provided in ORS 419C.080, 419C.085 and
419.088 and may be subjected to further proceedings as provided by law.
Section 5. Violation by Parent or Guardian. Violation of Section 3 of this
Ordinance is a Class 2 civil infraction with a forfeiture amount not to exceed
$250.00.
Section 6. This ordinance being necessary for the immediate preservation
of the public peace, health end safety, and emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval by
the Mayor. ~e /~'
Approved as to ,orm~~ -~' /'~ z](_
City Attorney Da
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 2 -
COUNCILBILLNO.
ORDINANCE NO.
lOB
MEMO
TO:
Mayor and City Council through City Administrator
FROM:
Community Development Director
SUBJECT:
An Agreement with Portland State University Cent, er
for Population Research and Census
DATE:
May 18, 1994
Included with this memo is a resolution, entering into an agreement
with Portland State University to complete a city wide population
census count. The objective is to obtain accurate population figures.
It is anticipated the Woodburn population, based on housing counts
and field surveys, reflects a population closer to 16,000 rather than
14,055 estimated by the Population Research and Census Center.
The result of this potential increase in the population could represent
additional State and Federal revenues in the way of highway, liquor
and cigarette taxes to the city.
lOB
COUNCIL BILL NO. /.~'~
RESOLUTION NO.
A RESOLUTION ENTERING INTO AN AGREEMENT WITH PORTLAND STATE
UNIVERSITY CENTER FOR POPULATION RESEARCH AND CENSUS.
WHEREAS, preliminary census data has established the city of Woodburn's
population at 14,055 as of July 1, 1993; and
WHEREAS, city staff believes that, based upon housing counts and field
surveys, that Woodburn's population is closer to 16,000, and
WHEREAS, the population count has a direct impact upon the Woodburn's
ability to secure revenue, and
WHEREAS, the city council has previously authorized a population census for
the purpose of obtaining actual population figures, and
WHEREAS, Portland State University Center for Population Research and
Census is qualified to perform this census, NOW, THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Mayor is authorized to sign on behalf of the city of
Woodburn an agreement with the State of Oregon acting by and through the State
Board of Higher Education on behalf of Portland State University, School of Urban and
Public Affairs, Center for Population Research and Census.
Section 2.
and, by this reference, is incorporated herein.
Approved as to form:.
City Attorney
That a copy of said agreement is attached hereto as Exhibit "A'
APPROVED:
Len Kelley, Mayor
Passed by the Council
Submitted to the Mayor
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
Exhi bi t A
Page i of 2
10B
AGREEMENT
Between the City of Woodburn, hereinafter referred to as the
"ORGANIZATION," (a public organization) and the State of Oregon acting by and
through the State Board of Higher Education on behalf of Portland State University,
School or Urban and Public Affairs, Center for Population Research and Census,
hereinafter referred to as the "UNIVERSITY," for the period June 1, 1994 through July
29, 1994.
WHEREAS, the ORGANIZATION desires to obtain certain demographic
information;
NOW, THEREFORE, it is mutually understood and agreed as follows:
UNIVERSITY AGREES:
1. To provide the services outlined in the Description of Services which are
attached hereto and hereby incorporated into the agreement as
Attachment A.
2. To assign necessary professional staff members and hire other personnel
necessary for completion of the services outlines in Attachment A.
3. To invoice the ORGANIZATION for services provided based on a rate of
$5.00 per inhabitable housing unit, not to exceed $28,000,
ORGANIZATION AGREES:
1. To provide office space and equipment as specified in item 8,
Attachment A, Description of Services.
2. To encumber or otherwise set aside, pursuant to law, funds in an
amount at least equal to the costs of services indicated in item 7,
Attachment A, Description of Services.
3. To pay on receipt of invoice actual costs of the survey up to the amount
indicated in item 7, Attachment A, Description of Services. UNIVERSITY
shall not send an invoice to ORGANIZATION prior to July 1, 1994.
Page I - AGREEMENT
Exhibit A
Page 2 of 2
lOB
CITY OF WOODBURN
IT IS FURTHER AGREED:
That this contract may be terminated with the mutual consent of the
ORGANIZATION and the UNIVERSITY.
IN WITNESS WHEREOF, said parties have executed this agreement as of the
day of ,1994.
STATE OF OREGON ACTING BY AND
THROUGH THE STATE BOARD ~OF
HIGHER EDUCATION ON BEHALF OF
PORTLAND STATE UNIVERSITY
By: By:
Len Kelley, Mayor
City of Woodburn
Date:
Date:
Edward Schafer, Director
Center for Population Research
and Census
Attest:
Mary Tennant, City Recorder
City of Woodburn
By:
Jay Kenton, Director
Business Affairs
Date:
CONTACTS:
Steve Goeckritz
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Charles Rynerson
PSU--CENS
P.O. Box 751
Portland, Oregon
(503) 725-5160
97207
Page 2 - AGREEMENT
lOB
ATTACHMENT A
NOTICE OF WORK
Area to be covered: City of Woodburn
Dates of Survey: June 1, 1994 - June 18, 1994.
UNIVERSITY'S report to be made available to the ORGANIZATION no later than:
July 29, 1994. .~
UNIVERSITY staff members working on survey:
Charles Rynerson, Census Coordinator
Jerry Eads, Census Supervisor
8 to 12 Enumerators
Estimated range of housing units to be surveyed: 5,200 to 6,000
Cost of census not to exceed: $28,000.00. If there are fewer than 5,600
inhabitable housing units, the cost will be based on $5.00 per inhabitable
housing unit.
A large well-lighted office to be provided by the ORGANIZATION containing a
telephone, and a large work table.
A detailed map (e.g. Highway Department or Planning Department map) which
contains current readable street designations and current city boundaries to be
provided by the ORGANIZATION.
Publicity to be provided by the ORGANIZATION:
Newspaper coverage prior to and during the enumeration and use of other
media known by the ORGANIZATION to effectively increase public awareness
of community affairs. These may include public notices, newsletters, radio and
local cable television.
10C
MEMO TO
THROUGH
FROM
DATE
SUBJECT
Mayor and City Council
City Administrator Childs
Mary Tennant ~
May 17, 1994
Unemployment Insurance Consultant Services
RECOMMENDATION: Approve the Council Bill authorizing a contractual
services agreement with the Lawrence Company for Unemployment Tax
and Cost Control Management Services, and cancellation of ~he
contractual services agreement with the Gibbens Company.
BACKGROUNDs In 1982, the City contracted with the Gibbens Company,
a nationwide organization, to provide unemployment cost control
services. For many years, Gibbens Company has been the only
unemployment consulting firm with offices located in Oregon.
However, as with other large corporations, smaller, office
operations are being slowly being phased out and the workload is
being shifted to company operations in other States. As a result,
I have had less contact with company representatives over the last
year on pending claims. The Gibbens agreement provides for
quarterly service fees of $.035 per $100 payroll. As payroll has
increased over the years, so has the annual premium to Gibbens
Company. In fiscal year 1992-93, our annual premium was $1,142.02.
The estimated premium for 1993-94 is $1,267.00 while the budgeted
premium for 1994-95 is $1,236.00.
Jeff Lawrence, a former employee of Gibbens Company, recently
started his business after seeing the service level decline to
Oregon businesses. He has been in the Unemployment Insurance field
for 13 years in Oregon and has formed the Lawrence Company to more
effectively serve Oregon employers. During the early years of our
contract with Gibbens Company, Mr. Lawrence served as the City's
account executive and eventually was promoted to Manager of their
Account Services Division. Over the years, we have had a good
working relationship with him and the Gibbens Company.
The proposed agreement calls for an annual fee of $800.00 with a
one-time setup charge of $50.00 and renews annually unless there is
60 days written notice of termination prior to the anniversary date
of the agreement. We do have a need for this type of consulting
service since I have limited time available to handle the initial
response on claims filed, review, audit, and potential hearings
process involved with unemployment claims. The proposed fee will
save the City several hundred dollars and I am confident that Mr.
Lawrence will provide an excellent service to the City.
10C
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION AUTHORIZING AN UNEMPLOYMENT INSURANCE CONSULTANT
SERVICES AGREEMENT WITH ,JEFFREY W, LAWRENCE.
WHEREAS, the City needs to contract with an organization to provide
unemployment cost control services, and
WHEREAS, Jeffrey W. Lawrence is familiar with the City's operation and
appears qualified to provide said services, and
WHEREAS, the City desires to retain the personal services of Jeffrey W.
Lawrence, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Mayor is authorized to execute a personal' services
agreement with Jeffrey W. Lawrence, dba, Lawrence Company, a copy of which is
attached hereto and, by this reference, incorporated herein.
Appr°ved as t° f°rm:~ 'C)/~ ~~~)
City Attorney Da
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Len Kelley, Mayor
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
10C
SERVICE AGREEMENT
For a period of three years, beginning September 1. 1994 ,
Lawrence Company agrees to provide City of Woodburn, Oregon,
Unemployment and Cost Control Management Services as follows:
1. Review and record past and present payroll reports, tax rate
notices and benefit charge statements.
2. Review annual tax rate notices for accuracy.
3. Process all claims for benefits and take exception to claims
of questionable merit. ,
4. Represent in hearings where benefit liability is affected.
5. Audit benefit charge statements and protest questionable
and/or erroneous charges.
6. Issue periodic claims activity and summary reports.
7. Inform interested personnel of account activity through
telephone communications and service letters.
8. Review accomplishments periodically.
The Lawrence Company agrees to render the above services in the
State of Oregon for a flat annual fee of $800.00 , one fourth
payable each quarter when billed for the duration of this
agreement. An initial set-up fee of $50.00 will be charged on
the effective date of this service agreement.
At no time will the Lawrence Company render any services which
could be interpreted as the practice of law.
The rights and duties of the parties hereunder are personal and
shall not be assignable by either party without the express written
consent of the other party.
The term of this agreement shall commence on September 1, 1994 and
shall continue until August 31, 1997. This agreement may be then
renewed by mutual agreement of the parties for one year periods.
Either party may terminate this agreement for any reason by giving
the other party sixty (60) days prior written notice.
CITY OF WOODBURN
Mayor
LAWRENCE COMPANY
Jeffrey W. Lawrence
Date Date
1OD
COUNCIL BILL NO.
RESOLUTION NO.
15"-/- 7
A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF
CERTAIN PROPERTY DESCRIBED HEREIN.
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. Pursuant to ORS 222.120, 7:00 p.m. on June 13, 1994 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 notices of the hearing shall be posted in four public places in the City
for a like period. ~ D~ai~/? ~7~
Approved as to form.4~
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.
RESOLUTION NO.
IOD
IOE
MEMO TO
THROUGH
FROM
DATE
SUBJECT
Mayor and Council
city Administrator Childs
Mary Tennant
May 19, 1994
Insurance Agent of Record
RECOMMENDATION: By motion, Council appoint
Agency as the City's Agent of Record for
beginning July 1, 1994.
Huggins Insurance
a three year term
BACKGROUND: The City has retained the services of an Insurance
Agent of Record since 1981 for the purpose of marketing, analyzing,
and placement of our various insurance programs (excluding employee
benefit programs) and to provide other insurance services such as
risk management, to ensure the maximum risk coverage and cost
effectiveness to the City.
Request for Proposals were received from five agencies of which
three were interviewed by the Selection Committee (Councilor
Hagenauer, Administrator Childs, Attorney Shields, Dan Brown, and
Recorder Tennant). Following the interviews, the Committee
thoroughly discussed each proposal and ultimately agreed upon
recommending Huggins Insurance Agency to serve as our Agent of
Record.
Chuck Huggins, Account Executive, has had many years of insurance
experience and currently provides Agent of Record services to
several public agencies. As part of his proposal, risk management
services would be provided by John Janzen, Agency Risk Management
Group, who performs a broad range of consulting services to several
independent insurance agents in Oregon. His expertise in loss
control services, especially with cities, will provide the City
with a more comprehensive risk management program which will help
us to reduce and control insurance losses.
The City's renewal date for insurance coverages is July 1, 1994.
We will be going out for bid on general liability, auto liability
and physical damage, boiler & machinery, and property insurance.
Conflicting schedules have delayed our ability to finalize an
agreement which would be effective July 1, however, if selected,
Mr. Huggins has agreed to start reviewing our current policies and
approach insurance companies for proposals to ensure timeliness in
securing insurance coverages. The first year's fee, which includes
services provided by Mr. Janzen, will be approximately $8,000 for
all of the insurance coverages serviced by Mr. Huggins. For your
information, last year's insurance premiums for these coverages,
exclusive of workers' compensation and brokerage service fees, was
approximately $94,500.
If Huggins Insurance is designated as Insurance Agent of Record, a
Resolution and accompanying agreement will be submitted at the June
13th meeting for formal ratification.
1OF
M~I~O
TO~
PROM~
RE=
DATE=
MAYOR & CITY COUNCIL
N~NCY GRITTY, FINANCE DIRECTOR
8ERVICENTER
MAY 18,.1994
In our last memo we related the fact that the ServiCenter, which
collects and tabulates some of the city's water and sewer bills,
and is located in Fairway Plaza was under new ownership. We also
mentioned an alternative suggested to us, and used in many other
cities, whereby a box is located within one or two retail stores
for depositing payments as customers conduct other business. (The
City would then collect and tabulate these payments.)
We feel at this t~me we need a decision from the Council about the
direction we take. There are a number of factors which should be
considered in the decision.
The citizens of Woodhurn enjoy the benefit of not having to mail
their hills without coming to City Hall. Although this has been a
greater benefit to citizens living on the West side of town near
Fairway Plaza, we have no doubt there would be complaints were we
to discontinue this option.
Since the change of ownership at the ServiCenter, we have worked
with the employees there reviewing procedures on more than one
occasion. Unfortunately, the number of times which we have had to
re-calculate payments has been many more than we find acceptable.
When this happens, we are paying twice--once to the ServlCenter and
once for our own time. We have been assured and do believe the
ServiCenter staff is working hard to correct this problem. This
may indeed just be part of the learning process which will take
care of itself in time.
Simultaneously the new owner has indicated that she would like to
be compensated 30 cents for each bill receipted--up from 25 cents.
This could be included in any new contract, however, we can not in
good conscience recommend this now, because of the errors mentioned
above, and the fact all utilities are not paying this amount.
1OF
In addition to this, we have had complaints from citizens about new
procedures the ServiCenter has adopted. We feel it is the right of
every business owner to establish procedures, however, the reason
given for these procedures implied that they were at the request of
the City when in fact they were not.
In addition we have done enough research to believe we could
probably, without added expense or inefficiency, maintain our own
boxes for the deposit of payments at two locations on opposite
sides of town. This would save the amount we pay the ServiCenter
each month, without the addition of staff.
We then feel the Council can reasonably chose between three courses
of action.
The three alternatives available are:
Develop a new contract with the ServiCenter and return it for
approval.
Solicit bids for such services from qualified, interested
parties.
~ctivelv develop a plan to establish and service boxes for our
water payments independently and discontinue use of the
ServiCenter.
City of Woodburn
Police Department
MEMORANDUM
270 Montgomery Street
Don Eubank
Operations Ueutenant
Woodburn, Oregon 97071(503) 982-2345 Ext. 351
Date: May 8, 1994
To:
Thru:
RE:
Chris Childs, Cit~ A~rator
Mayor and Coun/~ , [.x~
Ken Wright, Ch~~,,~
Fourth of July Celebration Requests
1. Insurance Coverages
2. Sound Amplification
As General Chairman and Coordinator of the City sponsored 4th of July Celebration
I am requesting City Liability Insurance coverage for two (2) city sponsored activities
on the 4th of July, 1994. The events include the 2nd Annual Firecracker Run, which
will commence at the High School at 7:30 am. and the "Fourth Annual Old Fashion
4th of July Picnic with fun, games and a fireworks show. A run application with a
waiver of liability is currently being drafted by the City Attorney and Race Chairperson
Selina Danko. All events will again be held at the Woodburn High School and will
conclude around 11:00 pm.
The other insurance coverage necessary for this and future years is Workers
Compensation Insurance for those actually involved in the Fireworks set up and
lighting of fireworks. I have contacted Mary Tennant who has in turn contacted the
city insurance carrier. For coverage for 8-10 individuals, the cost is approximately
$50.00. The 4th Committee will pay this fee if this request is granted.
We are also requesting permission for the use of amplifying devices for the days
activities for the games, the race and music. Attached is a tentative schedule of
events for the 4th for your review. Our goal for this year is $7,000. Fireworks alone
cost $5,000.
Thank you for you consideration in this matter and if possible please plan on attending
this event as it is truly a community celebration. If you wish to volunteer to help with
this great event, please contact myself of Vee Ott.
"CO~, JO~
4th of July
S~ by ~
SC~D~E OF
8~ 10K R~ 2nd t
L~A~ON: W~ ~1
~:~ N~n ~01d F~hinn 41
] B~ yo~ pi~
L~ATION: "W~db~ ~
~ ~OT DOGS .2
~m~ At W~b~ ~!
~ N~n ~f~
1~0 F~
4~0 ~ R
7:~ "~W0R~q
L~A~ON: W~db~ ~h ~!
7:~ O~ R~:
7~0 Enrapt: Mmic'
10:~ "~ B~ ~WOI
. . ... . . · ~
City of Woodburn, Chairman, Don Eubank
ltiom: Comeback Campaign and Kiwanis CLubs
EVENTS AND LOCATIONS
greakfast, Sponsored by the French Prairie
mnual "Firecracker Run"
of Julv Citv Picnic"
lunch and join in the fun and "GAMES"
h School" "Woodburn Hinh School"
'FREE WATER MELON"
School (All age brackets)
11 Throw
H Throw
Throw
for Children
& PRE-~AME SHOW"
West Parking lot and Athletic Fields
Don Eubank, Chairman
Vee Ott Comeback Chair
Jose and Paul Castro
~y Chad Hamilton, BAD CHAD PRODUCTIONS
)RKS DISPLAY EVER"
:rew
IN THE FUN FUN FUN"
Celebration & Activities
10H
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Administrator for Council Action
Randy Scott, CE Tach III, through Public Works DireCto/~,~',-/'3/'
Acceptance of Public Right-of-Way
May 19, 1994
RECOMMENDATION: It is being recommended that the council accept the attached public
right-of-way in conjunction with Country Club Road realignment. See Attachment "B".
BACKGROUND: The public right-of-way to be conveyed to the city is shown on the map
as attachment "A'. The conveyance is in conjunction with the Country Club Road
realignment with Oregon Way.
The public right-of-way is required to provide for the relocation of the street-and certain
utilities.
A copy of the signed warranty deed is included as Attachment "B".
RTt,/AY. CCR
ATTACHMENT "A" 1 OH
- SUBJECT AREA
VICINITY MAP
N
$
.I
&Oir l;'
WARRANTY DEED
and ~%.~R'r~. COI~. ~ an O~e~on ~o~a~on
~i~te: ~1~ t~ ~, tot t~ ~derati~ ~n~ter ,tat~, to dr~tor ~d by.....~...~...~~
**-~*-O~..~~**~~Z~ ..................................................................................... ~i~ter
a~m, ~t ~n ~ pm~rty, ~th t~ te~t., ~dit~nt, a~ appu~e~ ~reunto ~o~i~ or
~ ~tuat~ in t~ C~nty ~.. .~0~ .................. a~ State o[ O~n, d~ as lollo~s, to-~t:
Tra~ 1
~i~ at ~ So~ ~r~r of ~t 18. BI~ 58 of W~burn Sen~r ~tes No. 6 s~division ~ ~ CiW of
W~b~n; ~, ~ ~12'30' w~ alo~ t~ west li~ of ~id ~t 18, 54.51 feet; ~e in a ~a~y
dir~ ~ a ~nt on ~ so~ I~ of ~id ~t 18, ~ ~i~ ~i~ so~ 8~45' ~, 58.89 feet from ~ so~we~
~r~r of ~t 18; ~e ~ 8~45' west al~ ~ ~ so~ li~, 58.89 f~t to ~ pla~ of begi~ a~ c~ini~
0.037 acr~ of ~nd,
~ge~r with
B~i~ at t~ So~ ~r~r of Lot 17, B~ck 58 of W~burn Se~or ~ates No. 6 su~ivision to ~e CiW of
W~b~n; ~e, ~ 88'45' west a~ ~ so~ U~ of ~ ~t 17, 45.19 feet; ~e in a ~astedy
to a ~ ~ ~ ~ ~ ~ sa~ lot 17, ~id ~nt ~ ~ ~12'30' w~ 10.~ f~t fr~ ~ ~a~
of ~ ~t 17; ~ ~ ~12'30' ea~ ~ ~ ~ ~ I~, 10.~ fm ~ ~ pla~ of b~i~ a~ c~ining
0.~5 ~res of ~, all bei~ situated in S~on 12, T~p 5 ~h, ~e 2 We~, MaCon Co~H, Or~on.
{IF ~E I~FFICIENT. ~I~E ~1~ ~ ~E~E SIDE)
~ ~d dr~tor ~y ~v~ to ~ ~th ~d 4r~ ~ ~r~t,'~ ~re, ~s ~
ded~tedr~htmf~ay **plus no assessment agalnst Lots 16, 17, 18 and 19
58 of ~oodburn Senior Estates, fo: the costs associated with Country
Club/Oreson ~ay ali;nment project
r~ ~ ~ ~ ~deration p~d ~or ~e tr~, atat~ in ~r~ ot d~l~a, ia
~ a ~ate ~r~tor, it ~, ~u~' it. ~ ~ ~ ~4~ ~ ~ ~tlx~ bx it. ~t~, duly ~tho~:~ t~mto
r.,. ,.~...;.T. ~; K~. *c..,.,~ .~ mL~ ~O ~.~ ~;~~ ............................................
P~P[~ SH~ CHECK WITH THE APP~PRIATE Ci~ OR ~.~ ~--~--~___
COUN~ P~NNING DEPA~MENT TO VERIFY APP~VED USES. G~~'~~~ ..........................................
ST~rg OP O~X, ) S~&~g O~ O~H, ~ d...~.~ ...........................................
.......... L-- ............. ........
~.R~._...~
19...~.~
~ ~ ~t ~ ~t ~ i~ ~ ot~r, did ~ ~t
P~]X o~ t~ ~ve ~ ..........................
..... .G~...G,....~.~,~_~.~...~g..PA~ ....................................................... ~"' ~ ~'
~, HZ~Z~SS, ~s~a~ a~ ~i~e ...................................................... ~'~ ...............................
........................................................................................ P~IRIE CO~.
............................ ~,~wl~ t~ ~e~t~ i~tm- . ...............................................................................................
~nt to ~ ........ ~ ................... r~u~ ~ ~ d~. ~ ~ ~aH~ ~ t~ ~ ~t w~ ~g~
............................*
1 OH
- C/.TX_.OF-_WQODB. Ui%N ..............................................
_270 ~oulagomer.y. 5.t; ........................................................
_~oo ri h ur.n~...or.e~an ....... ~.2_0_7_!. ........................
Frank Tiwari
-~'~'~'-~'f -W6'~'~I~ii ~ ~ .................................................................
-2?O"*Nontgomery-'~t- ................................................................
-Woo'dburn'7-Or ~;m.n.~;;~. fl~.t .....................................
STATE OF OREGON, l.s.
County o~ .......................................
I certify that the within instru-
ment was received [or record on the
.......... day o~ ................................... 19 .........
at ................ o'clock ...... M., are recorded
in book~reel/volume No ....................... on
pa~e ........................ ota, tee/lile/instm-
ment/n~ctolilm/recepfion No ..................
Record of Deeds o~ sa~d county.
Witneza my hand and aea[ of
County attixed.
NAME TITLE
101
MEMO
TO:
FROM:
City Administrator for Council Action
Randy Scott, CE Tech III, through Public Works Direct
SUBJECT: Acceptance of Utility Easement
DATE:
May 19, 1994
RECOMMENDATION: It is being recommended that the city council accept the attached
utility easement in conjunction with Country Club Road realignment. See Attachment "B".
BACKGROUND: The utility easement to be conveyed to the city is shown on the map as
attachment "A". The utility easement is in conjunction with the Country .Club Road
realignment with Oregon Way and will provide for the placement of certain utilities including
traffic control devices.
A copy of the signed document is included as Attachment "B".
UTILEA$.CCR
ATTACHMENT "A"
101
COUNTRY
_ SUBJECT AREA
VICINITY MAP
RAINER
,. il4' sr 41'
L = 29.98'
LC = $ 33' 58' 32" W 25.2'1'
'Cot. Loll
~,: /15° 35'
~ = /5.00'
L= 24.97
702+- FI. ·
LOT2
EL OCK 55
$TATE HIGHWAY 2 14
UTILITY EASEMENT ATTACHMENT 'B' 101
KNOW ALL MEN .BY THESE PRESENTS, that OREN E, THOMAS and BLANCH THOMAS. for
the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the
receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF
WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY,
a permanent right-of-way and easement over and along the full width and length of the premises
described as follows, to wit:
The property subject to this easement is described as Map T.5S, R.2W of W.M., 12 AD,
Tax Lot No. 18700 and more particularly described as follows:
Beginning at the northeast corner of Lot 2, Block 55 of Woodburn Senior Estates No. 6 in
Section 12, Township 5 South, Range 2 West of the Willamette Meridian, Marion County,
Oregon; thence north 00°12'30' West along the west line of said Lot 2, 20.00 feet; thence
south 44°31'30' East to a point on the south line of Lot 2, 28.62 feet; thence north
88°50'30" West along said south line, 20.00 feet to the place of beginning.
With the right, privilege and authority, to said City, to construct, maintain, replace,
reconstruct, remove, and add to, ~ facility, including sidewalks and signal control devices,
including sidealks and signal control devices, with all appurtenances incident thereto or
necessary therewith, in, under and across the said premises, and to cut and remove from said
right-of-way any trees and other obstructions which may endanger the safety or interfere with
the use of said pipelines, or appurtenances attached or connected therewith; and the right of
ingress and egress to and over said above described premises at any and all times for the
purpose of doing anything necessary or useful or convenient for the enjoyment of the easement
hereby granted.
THE CITY SHALL, upon each and every occasion that such UTILITY facility is constructed,
maintained, replaced, reconstructed or removed, or added to, restore the premises of the
Grantors, and any improvements disturbed by the City, to as good condition as they were in prior
to any such installation or work, but if not practicable, then pay to Grantors reasonable
compensation.
Oran E. Thomas
Blanch Thomas
STATE OF OREGON )
) SS
COUNTY OF MARION )
Accepted by the Woodbum City Council
on ,1994
Mary Tennant, City Recorder
City of Woodbum, Oregon
On this the ~, z~ day of ~ ~.- ,1994, before me a Notary Public in and for the
County and State personally appeared, O
known to me to be the same person(s} whose names are subscribed to the within instrument and
acknowledged that they voluntarily executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOT--ARY(5~UBLIC
YNN A. GERSTNER
TAR¥ PUBLIC-OREGON
COMMISSION NO. 025262
~.~.Y'~OMMIS$10N 8.R~RES~
My Commission Expires:
TI~A$.UTL
lOJ
City of Woodburn
Police MEMORANDUM
woodcut,
Chief f~~
Date: May 4, 1994
To:
Mayor&Counc~
C. Childs, City Administrator
Subject: Street Closure
Woodbum will be celebrating Woodbum Settlemier Days on the 18th and 19th of June. During
this time there will be many community events such as: parade, softball tournament, chicken
Bar-B-Q, strawberry feed, wandering circus, police department surplus and found property
auction and the annual Downtown Association Bed Races.
On behalf of the Woodbum Downtown Association I would request the City Councils permission
to block off First St. between Garfield and Grant Streets on Saturday June 18th from 8 a.m. to
12 p.m. to conduct the bedraees. This effort would be coordinated with the Street Department
and the Woodbum Police Department Cadets will be assisting.
Recommendation:
Authorize the Woodbum Downtown Association to block off First
St. betw~ Garfield and Grant on June 18th from 8 a.m. and
Noon.
B:$r-cLO~B.WDA
CC. WDA
1OK
City of Woodburn
Police Department
MEMORANDUM
270 Montgom~
Ken Wrig~ht~
Chief of
Woodburn, Oregon
97071 (503) 982-2345
Date: May 9, 1994
To:
Mayor & Council
C. Childs, City Administrator
Subject:
Retail Malt Beverage Application
Applicant:
OGA Properties, Inc., dba:
Members Club, Inc.
Tukwila
2990 N. IR)ones Ferry Rd.
Woodbum
On February 24, 1994 the police department received and began the background investigation
of the liquor license for Members Club, Inc. The police departments investigation revealed that
all principles involved have no criminal histories and are presently involved with the golf
industry. The extent of the golf course' liquor service will be at the office/proshop, and very
low key at this time. They are not anticipating food service or a full service bar. The
department has checked with several other golf clubs and was able to determine that Members
Club Inc. would be conducting business in a similar fashion. The liquor license would be for
the entire golf course when completed. This area would be both in and out of the city limits but
within the urban growth boundary; additional reccommendation by the Marion County
Commissioners may also be needed. Throughout the investigation nothing was revealed that
would indicate that Members Club Inc. should not have the requested RMB liquor license.
RECOMMENDATION:
The City Council recommend approval of the Members Club Inc.
golf course RMB liquor license to the Oregon Liquor Control
Commission.
ce. applicant
olec Salem
1OK
OGA PROPERTIES, INC.
OGA Members Course at Tukwila
Policy Statement Regarding Enforcement of
the Oregon liquor laws on the licensed premises
The nm~ger of the goff course (our head goff professisonal) will be directly responsible for enforcement
of the Oregon liquor laws on behalf of our Company. During periods of heavy golf play, we expect to
have goff course n~rshals touring the course to assist in thc pace of play, and these marsl~ls will also be
instructed in the liquor laws and will be insUu~ to be observant of any activity related to improper use
of alcohol.
Our n~n~ger will be responsible for protecting our Company from violations of the liquor law and
therefor protecting us from liability. He will see that alcohol will not be served to minors, or to a visibly
intoxicated persor~
Our man~ger will enforce the rule that anyone who appears to be 26 years old or younger will be asked for
identification prior to sale of alcohol. There are only two forms of ID that may be accepted alone: 1. A valid drivers license, with photo, or
2. A valid D.M.V. (Deparlment of Motor Vehicles) ID Card from Oregon only
ifa customer does not have one of the above, we will see that the OLCC form "$~atement of Age"card
will be filled in, following the insUuctions on the card.
Our nmqagcr will determine that our servers and course marshall.n: 1. know the law
2. know the signs of visiblc intoxication
3. are inmucted on the use of incident logs of such events as fights, disturbances or calling the
police in connection with any liquor hw infractions
~ M.~arson, Tr~r
~A Properties, Inc.
i *
la'No. I Z ~ 4 S 6 ? 8 9ou~1011121~lql-~161?l! m ~.~mv~
I
MEMORANDUM
IOL
TO:
Thru:
Woodbum Mayor and City Council
Chris Childs, City Administrator
FROM:
Nevin Holly, Director Recreation and Parks
SUBJECT: Legion Park Picnic Shelter Reconstruction Bid
DATE: May 19, 1994
,The bids to repair and reconstruct the Legion Park Picnic Shelter were opened at
4:00pm on May 18th. The project entails reconstructing the main storage 'room and the
reconstructing the damaged shelter cover. The project will also upgrade the electrical
and building plumbing. The bids received were as follows:
Security Construction
Gresham, Oregon
Addendum 1
Total Bid Including Addendum 1
$22,998.00
$3,40O.00
$26,398.OO
Woodburn Construction
Woodburn, Oregon
Addendum 1
Total Bidincluding Addendum1
$67,000.00
$8,0OO.0O
$75,000.00
O.A.K. Construction
Colton, Oregon
Addendum 1
Total Bid including Addendum
$47,551.00
$12,489.00
$60,000.00
Columbia Cascade Construction
Boring, Oregon
Addendum 1
Total Bid including Addendum 1
$49,500.00
$8,000.00
$57,500.00
NOTE:
Addendum 1 entails upgrading the middle storage room with stainless
steel sinks. Such sinks are appropriate for a cooking area.
All bids specified a June 27 construction completion date. There is a $350 a day
penalty for each day the project is delayed past the June 27th deadline. For Council
reference the contents of the building which were also damaged as a result of the tree
following on the shelter are being settled separately with the city's insurance carrier.
STAFF RECOMMENDATION:
Award bid to Security Construction, including Addendum #1 for the amount of
$26,398.00.
10M
MEMO
TO:
FROM:
SUBJ.:
DATE:
Mayor and City Council
Chris Childs, City Administrator ~
Reco~_nition for Lonq-Term RSVP Volunteers
May 18, 1994
RECOMMENDATION: Authorize, by motion, ongoing recognition of RSVP
volunteers with twenty or more years of volunteer service to the community by
granting lifetime passes on Woodburn Transit System.
BACKGROUND: This proposal for special recognition of 20-year + RSVP volunteers
was developed by Pat Hellhake, RSVP Coordinator, and has been endorsed by
Woodburn Transit System management.
A lifetime transit system pass for qualified RSVP volunteers would appear to
be a particularly appropriate manner in which to recognize the efforts of these
individuals. The Dial-A-Ride component of the transit system has relied heavily on
participation by RSVP volunteer drivers since its inception. Numerous other city
functions, including library, police and municipal court utilize RSVP volunteers along
with the many volunteer work stations located throughout the community in both the
public and private sector.
Potential loss of fare revenue to the transit system resulting from this program
is expected to be minimal, and is likely far outweighed by the goodwill value of
offering the lifetime passes. The passes will enhance the volunteers' ability to
continue their volunteer activities beyond the point that operating a personal
automobile might cease to be a viable option, and in the latter instance will contribute
positively to the quality of life for these deserving individuals. It is anticipated that
between two and four RSVP volunteers will be qualified to utilize the lifetime transit
passes at any given time.
If Council approves this policy, it is expected that the first lifetime passes will
be presented in conjunction with RSVP's annual Volunteer Recognition Day on June
22, 1994.
14A
MEMO
TO: Mayor and City Council
Administrator
FROM:
SUBJECT:
through City
Community Development Director
Site Plan Review 94-07 Kilroy's Manufacturbd
Home Sales Lot
DATE:
May 17, 1994
At their May 12, 1994 meeting, the Planning Commission
confirmed staff's decision for approval of a 1,600 sq. ft. sales
office for manufactured home sales center and storage lot for
Kilroy's Manufactured Home Sales. The site is located on the
northeast corner of Industrial Ave. and National Way. It can
specifically be identified on Marion County Assessors Map as
Tax 600 5S, lW, Section 8A. The site is zoned (IS) Industrial
Sales District.
The applicants site plan is attached to this memo.
O K~:ec ~
,C-*-- A SP/.oqc-r ~
Z8,~ 5 ~
,~IoDLc
14A
,
15A
MEMO
TO: Mayor and City Council through City
Administrator
FROM: Community Development/Public Works
Departments sL~ ,
SUBJECT:
Transportation
Application
Growth Management Grant
DATE: May 17, 1994
The City of Woodburn has secured a grant of $35,000 from the
Oregon Department of Transportation to complete the City's
Transportation Plan. It is anticipated this transportation planning
project will be completed by March, 1995.
A copy of the grant announcement is attached to this memo.
April 22, 1994
DEPARTMENT OF
TRANSPORTATION
Steve Goeckritz, Community Development Director
City of Woodbum
270 Montgomery
WOODBURN OR 97071
SUBJECT: TGM GRANT APPLICATION
Dear Steve:
REGION 2
FILE CODE:
I am pleased to inform you that the City of Woodbum's Transportation System Plan (TSP)
proposal has been selected as one of the Transportation Growth Management (TGM) projects
to be funded by the Oregon Department of Transportation, Region 2 office. The grant amount
will be for $35,000, which is $15,030 less than requested in your submittal. This reduction .in
funding became necessary because mom than twice the dollar amount was requested under
Category I than available for ODOT Region 2. This award is contingent upon ODOT's
approval of the final work program and execution of a grant agreement.
As the TGM Grant Manager, I will be contacting you in the near future to complete the grant
agreement and provide Instructions regarding selection and hiring of a project consultant. If
you have questions regarding your grant, please contact me at (503) 986-2766.
I look forward to working with you on this project.
Si _ncerely,
Peter Idema
TGM Grant Manager
PUt;;
Kendall C. Hilton, ODOT
Bob Cortright, DLCD
'34-1867 (1-94)
a-' \~ood.doc
2960 State Street SE
Salem, OR 97310
(503) 986-2600
FAX (503) 986-2630
15B
MI~.MO
TO:
THROUGH:
FROM:
SUBJECT:
DATE:
City Council
Public Works Director
Julie Moore, C.E. Tech IH.f~P~"f
OPEN HOUSE: Selection for Wastewater Treatment Facility
May 4, 1994
The Wastewater Advisory Committee has scheduled an OPEN HOUSE for Monday, June 6,
from 4 to 8 PM, at Woodburn City Hall to present information to the public regarding the
wastewater issues that the Woodbum area will be facing in the near future.
The OPEN HOUSE will feature a video of the present treatment facility, discussion on the
Pudding River clean-up including costs, presentations of alternative treatment plans needed to
meet the new E.P.A. regulations, an exhibition of regional challenges faced by all Pudding River
communities, and committee members will be available to accept written or oral public
testimony on the alternatives.
Information regarding thc Open House will be being printed in thc Woodbum Independent, the
News and Views and the High School Wireless. Water bills will have a message printed on the
back of the bills for the month of May. All sewer rate payers will receive a notice in the mail
prior to the Open House. And local radio and television stations will broadcast announcements
about the event.
Further details will be provided at the next regular Council meeting.
15C
TO:
FROM:
SUB,IF_~T:
DATE:
MI~MO
Public Works Director
Julie Moore, C.E. Tech ~
Status on Stacy Allison/Evergreen Road Street Lighting
April 25, 1994
Proposals are underway to have street lights installed along Evergreen Road and Stacy Allison
Way. On Evergreen there will be 6 - 200 Watt High Pressure Sodium (HPS) lights installed bn
gray fiberglass poles spaced approximately 240 ft. apart. The monthly cost for these lights is
approximately $87.36. Stacy Allison Way will have 3 - 200 Watt HPS lights on gray fiberglass
poles spaced approximately 250 ft. apart. The monthly cost will be approximately $43.08.
On Evergreen the vault that will supply the power is located approximately 12 feet east of the
east fight-of-way line of Evergreen Road. An easement is being obtained from the owners of
the property to be able to provide power to the right-of-way for the lights.
Stagy Allimn has a 60 ft. right-of-way and a 42 ft. paved width. A utility easement is being
ob~Jned for the north side of the right-of-way to allow extension of the power along the right-of-
The City will be responsible for the trenching to ins~l! the 2" conduit along the roadway,
including boring under the existing driveways and roadways as needed. Estimates for the
trenching to be done by an outside contractor will soon be received. The Water Department
may be able to do the boring under the driveways, otherwise that will be contracted out also.
15D
MEMO
TO:
Mayor and City Council
FROM:
Chris Childs, City Administrator
SUBJ.:
Pendinp Litipation / Burlev vs. City_ of WoodblJrrl
DATE: May 18, 1994
This is to advise the Council that I will be attending Marion County Circuit Court
on June 15 and 16, 1994 as the city's representative in the above-referenced case;
unless the Council determines that the Mayor, as ceremonial head of the city, should
more properly represent the city.
This information is not presented in Executive Session format because the
scheduled trial is a matter of public record. The case involves alleged injuries and
mental anguish to the plaintiff as a result of a dog bite. The plaintiff alleges that the
city was negligent in that an officer "allowed" the dog to escape.
This is an insurance comoanv case and the attorneys for the city's liability
insurance carrier, City County Insurance Services, have vigorously defended this case
on the city's behalf since its inception. Our City Attorney has been kept advised of
all developments in this case.
The police officer involved in the case was the late Fred Sugden, who was
tragically killed in an accident last spring. Officer Sugden's deposition was taken
before his death and will be read into the court record by another Woodburn police
officer.
The plaintiff in this case is represented by Lawrence A. Castle of the law firm
of Kelley & Kelley in Silverton.
15E
CItY Of WOODBURN
POLICE DEPARTMENT
Repe t
270 Montgomery/~e~--.~
Paul Null
Services Lieutenant
Woodburn, Oregon 97071
Date: April 29, 1994
TO:
Thru:
Subject:
City Administra~ncil
Ken Wright, C{~~///
Police Cadet Spo-'tls~ed Downtown Cleanup
982-2345 Ext. 352
On Saturday, April 16, 1994, the Woodburn Police Cadets, Cadet AdvisOr Officer
John Coggins, and citizens of Woodburn, participated in a "cleanup" of the downtown
area. The area cleaned included the Southern Pacific railroad tracks from Cleveland
to Harrison streets and Front to Second Streets, the alleyways, city parking lot's and
areas around City Hall and Library.
Local businesses also participated in the cleanup by donating their services. United
Disposal furnished a dumpster for the garbage collection, Dip-N-Donuts provided
coffee, donuts and cookies to the volunteer cleaners, and Woodburn High School
Pharmacy donated trash collection bags.
Persons who participated in the cleanup and are recognized for their efforts in making
Woodburn a cleaner city are: Officer John Coggins, Police Cadets; Mandy Pottratz,
Raelene Dryden, Joe Adams, Joe Carbajal, Bryan Bergerson, Tim Jorgensen, and
Jonathan Braman, {;itizens; Vee Ott, David Ott Jr., Jack Coggins, Eryn Blehm, and
James Audritsh.
United Disposal
Service, Inc.
2215 N. FRONT ST.
WOODBURN, OR 97071
TELEPHONE 981-1278
RESIDENTIAL- COMMERCIAL- INDUSTRIAL - RECYCENG
ACCT. NO.
SERVlCE ADORESS: Downtown Litter Clean Up
City of Woodburn
270 Montgomery St.
Woodburn, OR 97071
Please pay this invoice.
No statement will be seot
INVOICE DATE
MO. DAY YR.
TERMS: NET lOTH. A SERVtCE CHARG~ AT THE M, INUAL PERCENTAGE RATE OF 18% PER A~NUM
(MO4~.y RATE iS lh %) WiLL B~ A.c~:)LiE~ ON ALL PA~T DUE AC~OUflTS. FrIHAHCE ~
pt,EASE DLFrACH HEllE MANO IIETUI~ TI,ES IIK)RTION WlTfl YOU~ PAYMENT-
4/16/94 deliver 10 yd drop box for clean up by
Woodburn Police Cadets
Thanh You s
AMOUNT ENCLOS
No charge
Total Value of 1Oyd drop box = $197.79
.MltedDilpolllSefd~e, Mc. · 2215N. FrootSt. · Woodt)um. OR97071 · 981-1278 A
~A¥ THiS
AMOUNT
, -. 15F
INTEROFFICE MEMO
TO:
Thru:
Mayor and City Council
Chris Childs, City Administrator
FROM:
Nevin Holly, Director Recreation and Parks
SUBJECT: Utility/Shop Office Building Construction
DATE: May 18, 1994
As you are aware, the March 1993 Earthquake damaged our Parks
Maintenance Office area beyond repair. The new Park Utility/Office Building
was designed by architect Randy Saunders and was approved by Council
approximately 4 months ago. The utility/office building is now completed.
The building is located to the left of the front gate of the old Sewer Treatment
Plant area. You may reach the Parks Maintenance area by turning right on
Hardcastle off of Front Street and then making an immediate left at
Commerce Way. Follow the road down and turn right at the first road. You
may visit our new facility Monday through Friday from 7:00am to 4:00pm. If
you would like me to give you a tour of the site please give me a call. The
new facility is 1,460 square feet. It includes an office, a staff break room, a
locker room with laundry facilities, a garage shop/area and an overhead
storage room.
The Parks Maintenance Staff are excited about the new facility and would
welcome your visit.
NH:swp
1 5G
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator for Information
Public Works Program Managerf,~~
Transit Route and Dial-A-Ride Schedule Changes
May 17, 1994
Public Works is planning on making some transit route changes which are currently
planned to be effective July 1, 1994. There have been requests that service be added
to the Wal-Mart Store, Stonehedge Apartments and Nuevo Amanecer Apartments.
These request are being evaluated to determine if they can be incorporated into the
new route structure. Most changes are currently being planned on the west side of
the city with the east side route probably remaining as is. The changes should be
finalized in early June to allow printing of the new schedules and a public information
program on the new route. The last route change was made on July 1,. 1992.
Also on July 1, 1994 the transit system will add a third day of Dial-A-Ride Van service
on Fridays from 9 a.m. to § p.m. This extra day of service was incorporated to meet
increased demand and move the city closer to compliance with the requirements of
the Americans with Disabilities Act. The Dial-A-Ride Van service is currently offered
on Tuesday and Thursday from 9 a.m. to 5 p.m. and will continue on those days.
15H
MEMO
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Council through. Cit, y_~dministrator ~
Public Works Director ~ ~
Response and Clarification of Street Tree Pruning and Removal Standards
May 19, 1994
There were several issues raised by Mr. Will's letter in regard to street tree policy and its
implementation. There were some examples provided in his letter, therefore, a specific response
has been developed for information to Mayor and Council. To my understanding the issues
raised in the letter were as follows:
Ao
The following properties were cited as an example for major tree trimming or tree removal
without permission from the city:
1) 485 Arthur Street
2) 194 E. Lincoln
Cl0rification: Please see attached memo from Randy Scott for explanation. It appears that
permission was received by the property owners in both cases.
Tree removal issue fronting property, located on Montgomery Street, owned by Mr. Will.
Clarification: In 1989 this became a political issue, partially because of prior concerns of
residents for removal of trees on Settlemier Avenue and the surrounding area, and partially
because several neighbors wanted to protect all large trees in the area. The city council
ordered and paid for the second arborist's opinion which confirmed that the tree was
diseased and removal was allowed. No doubt Mr. Will should be commended for following
the legal requirements and not trying to sidestep the system.
Are there two standards -- one for those who request permission and comply with legal
requirements and another for those who do not?
Clarification: There is not a double standard that is being practiced by the staff, however,
each tree case is a little different. Obviously, there is a difference when a tree could be
considered as a border tree or when the tree removal issue becomes a political issue,
especially when the neighborhood takes a different position than the property owner who
is wanting to remove a tree. Also, there is a tremendous work load, partially due to growth,
on Public Works' personnel and under pressure mistakes and delays are possible.
Reimbursement request of $2,500 for justification and removal of the tree fronting Mr.
Will's property.
Clarification: At present there is no resolution or ordinance that deals with the
reimbursement issue raised by Mr. Will. Also, there is no standing reimbursement policy
on this issue that has been practiced by the staff in the past. Therefore, unless city council
directs otherwise, Mr. Will's request for reimbursement will be denied.
In the past, I had many useful discussions on Public Works issues with Mr. Will, and I hope this
will continue in the future.
GST:Ig
Attachment (memo from Randy Scott)
MEMO
TO:
FROM:
SUBJECT:
DATE:
Public Works Director
Randy Scott, CE Tech III ~
Street Trees, Arthur and Lincoln Streets
May 19, 1994
15H
At the May 9th City Council meeting a letter was submitted and read in regard to street
trees. Staff was instructed to respond to this letter at the next scheduled council meeting.
The following is my response.
Reference was made to the tree on Arthur Street -
The tree is located at 485 Arthur Street. The owner did request permission to remove
the tree for various reasons; however, permission to remove the tree was denied.
Permission was oranted to prune the tree and was accomplished bv a licensed and
bonded local tree service.
The tree required pruning due to the fact it had been improperly cut back previously.
A large main branch was cut horizontally near the crotch of the main trunk, allowing the
remaining portion of the branch to rot and spread into the main trunk. Without pruning
or cabling and bracing some of the overhanging branches, the trunk was susceptible to
splitting. It should be further noted if the rot continues to advance, undoubtedly the
tree will need to be removed in the future.
2. Reference was made to a tree on Lincoln Street -
The tree was located at 194 E. Lincoln and within the public right-of-way. The owner
requested, and was granted, permission to remove it. The tree was removed by a local
licensed and bonded tree service. The tree was a walnut species with various dead
branches that were hazardous and could have fallen during a wind storm. By properly
pruning the tree, the main trunk would have been the only part of the tree remaining.
Although the trunk would not have been a hazard, it would have been rather unsightly.
The owner was permitted to remove the tree and was instructed to cut the stump below
qround surface. The stump has not been cut below the ground surface and the owner
will be recontacted about this issue.
The ordinance does not require the stump to be removed to a minimum of six inches
below ground level as indicated in the letter submitted. The ordinance requires stumps
to be removed below the surface of the ground so that the top of the stump shall not
project above the surface of the ground.
No one, other than the property owners, has contacted me on these matters prior to
this letter.
TREELINC.ART
151
MEMO TO:
THROUGH
FROM
DATE
BUBJECT
Mayor and City Council
City Administrator Childs
Mary Tennant ~
City Recorder
May 18, 1994
Final Unofficial Election Results - May 17, 1994
One-Year Operating Levy Tax Measure
As of this date, the final unofficial tally of votes from the
Marion County Elections office is as follows:
Yes Votes 1,409
No Votes 1,310
The final abstract of votes will probably not be available in the
immediate future since the County does have 20 days after the
election in which to complete tally of votes.
1 5J
MEMO
TO: Mayor and City Council
FROM: Chris Childs, City Administrator
Police De_oartment HVAC System
May 19, 1994
SUBJ.:
DATE:
Serious and potentially expensive problems have developed in the HVAC
(Heating/Ventilation/Air Conditioning) system serving the police department portion
of the city hall building. The air conditioning component of the system is presently
inoperable.
Time permitting in the interim, staff hopes to be able to present further
information on this topic during Monday night's meeting, under the headings of either
"New Business" or "Staff Reports".
TO:
Mayor and City Council
FROM:
Chris Childs, City Administrator
SUBJ.:
"New B~j;iness" ! Police DeDartment HVAC System
DATE: May 23, 1994
On Monday, May 16, 1994 the HVAC (Heating/Ventilation/Air Conditioning)
system which serves the police department portion of the city hall building ceased to
function. Upon inspection by a representative of C. J. Hanson Co., the firm that
maintains and services the city's HVAC equipment, it was determined that the air
conditioner coil was damaged beyond repair (as a result of age-related wear and tear)
and that an electric motor had burned out.
The air conditioner coil is obsolete and no longer produced, and a replacement
coil would have to be custom built, at an estimated cost of $7,000. We are also
advised that the associated manufacturing process would take some ff~Eg.~..
Replacement of the electric motor will cost just under $1,000 and it is estimated that
installation costs (including rental of a heavy-duty crane) may be another $2,000.
Total costs for this method of repair would be approximately $10,000. Utilizing this
option does not necessarily improve the system's lifespan. Other major components,
including the heatinq coil, other electric motors and miscellaneous associated
equipment could go next.
C. J. Hanson Co. officials have indicated that there is little that can be done in
terms of short-term options to keep a liveable environment in the police department
area. We are still looking into whether the police side could be supported temporarily
by the west side or (separate) council chambers HVAC systems. Any such temporary
measures would be at additional cost to those costs estimated (above and below) for
repair or replacement of the main HVAC system itself. The building is designed as a
sealed environment (with no windows that can be opened for ventilation), so
occupants are entirely dependent on a functioning HVAC system. The minimum six
week period described above could put us into the month of July before the system
is restored to normal operation. The Police Department is presently utilizing a number
of electric fans to move outside air from through a side door. Although monitored as
well as possible, the open door itself poses a potential security problem.
The present police department HVAC system is a single unit multi-zonal system,
as is a similar (slightly larger) system that serves the west side of the building. Both
systems are eighteen years old (original equipment when the building was
constructed). Potentially, the system serving the west side of the building might last
Page 2 - Police Dept. HVAC System (5/23/94)
several more years, or it could encounter similar problems in the near future. Both
systems have been carefully serviced and maintained to maximize their service life.
Total replacement of city hall HVAC equipment has been discussed during city
budget committee meetings in both of the last two years, but nothing has been
specifically budgeted for this purpose. Funds have been budgeted for design
engineering in respect to the Library HVAC system, which is of a similar age and
obsolescense. Some General Fund monies in the 1994-95 budget were earmarked,for
evaluation/feasibility of the city hall teleohone system and could possible be redirected
toward engineering of a HVAC system replacement instead.
Informal discussions have indicated that the oolice side HVAC system could be
replaced with three "package units", each serving separate zones, for some $30,000 -
$40,000. Advantages would include new state-of-the-art equipment with a fresh
lifespan (+/- 20 years) and that the equipment could be designed to operate with
natural gas rather than electricity, likely realizing some operational cost savings for the
city. Based on such an estimate logic suggests that the slightly larger west-side
HVAC system could be similarly replaced for some $35,000 - $45,000.
In any event, the city lacks adequate technical expertise in the HVAC area and
consulting/engineering services to more thoroughly review our options and prepare
design specifications will have to be obtained. We estimate that such services may
cost upwards of $15,000 (exclusive of the cost of equipment). Some benefits might
be gained by coupling this project with the similar engineering evaluation budgeted for
the Library HVAC system. Biddable specifications (along with more precise cost
estimates) could become available as early as six weeks after an informal RFP is
issued for this purpose.
The costs of any of our possible options are staggering, even the $10,000 for
the "quick-fix" solution. Ballot Measure 5 limitations restrict the city's ability to
obtain any additional funding; any solution will have to be accomplished by reductions
or redirection in other areas of the budget. The nature of the current problem has not
afforded the time to thoroughly evaluate possible financial options. In addition, a
sense of direction from the Council is essential in terms of the relative adviseability
of pursuing either short-term or long-term solutions. Nevertheless, the following are
offered as immediate options for your consideration:
1. Give general authorization to staff to proceed immediately in obtaining
quotes for HVAC consulting/engineering services to evaluate and provide biddable
specs for both city hall HVAC systems (and if determined feasible by staff,
consolidate this work with similar budgeted HVAC evaluation of the Library system).
As payment for these services should not likely be due until completion, staff will
Page 3 - Police Dept. HVAC System (5/23/94)
develop reduction or redirection of other budgetary appropriations to accomplish the
cost of this work, to be incorporated into the budget to be presented for Council
adoption in June. This will also afford staff additional time to review alternative
means of financing the cost of the new HVAC systems that the engineer will develop.
2. If Council strongly believes that a short-term fix (the "$10,000 option") is
merited, in addition to the recommendation #1 above, staff needs direction on this as
well to get the process moving along on the fabrication of a replacement coil.