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Agenda - 09/26/1994 CITY OF WOODBURN 270 MONTGOMERY STREET * * * * WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL September 26, 1994 - 7:00 P.M. 1. 2. 3. 4. ::"" dl~ tHE,)( .,: .................................................................................'........................'........................................................'..............'..................... RQEl1fO~EU ................................................................... IJm.~I?~ A. Council minutes of September 12, 1994. B. Planning Commission minutes of September 8, 1994. 1~I~f.If~:~~II:~~!~;;~:N:~:~'l!.lg~~~5~ A. APPOINTMENTS: B. ANNOUNCEMENTS: 3A 3B Wastewater Advisory Committee/Council Workshop TUESDAY, SEPTEMBER 27. 1994 - 7:00 P.M. - City Hall C. PROCLAMATIONS: Crime Prevention Month - October 1994. 4C 5. III_G::~I.Bm A. Chamber of Commerce B. Other Committees 6. IUMMUNlo4mtm:N:g ........................................'.....................................................................'........ A. Written 7. IUlllell::::EB.ml::~:ml::':lllmll (This allows public to introduce items for Council consideration not already scheduled on the agenda.) 8. IUI~J.~::~:I~I~!~~~ A. Liquor License Request - Playa de Oro, 553 N. Front St. 8A 9. !\~:~~!?:~:::~!)J..$.~~~'~ 10. 1:~!I.H~~'t~'~H~:~11. --- - , .., _ A. Request from Habitat for Humanity for waiver of fees. 10A B. -Council Bill No. 1583 - Ordinance modifying Conditions of Approval contained in Ordinance 2095, approving site plan for Capital Development. 108 C. Council Bill No. 1584 - Resolution entering into fund exchange agreement with the State for realignment project for Country Club Road at Highway 214. 10C Page 1 - Council Agenda, September 26, 1994 ... ,.. D. Council Bill No. 1585 - Resolution entering into agreement with the State accepting a traffic safety grant for enforcement of traffic laws. 1QQ. E. Council Bill No. 1586 - Resolution approving placement of a stop sign on Fifth Street at Highway 214. 10E F. Acceptance of utility easement adjacent to west property line of Fairway Plaza to allow for installation of 8" water main. 10F G. Acceptance of utility easement in conjunction with the realignment of Country Club Road with Oregon Way. 10G H. Wastewater discharge limits for North Marion Fruit processing facility. 10H I. Connection of sanitary sewer to property outside city boundary. 101 J. Request for use of sound amplification equipment. 10J K. Tax base fact sheet, 10K 11. BllIIII\\l\IIIllIl.Il 12. 13. 14. 15. 1.II1II;\11- ta:~:a'l;:~:~n:tiI"~*:w.lS:lS: g~l!::::iRxx..:~~.~Sgg - A. Expansion of Heritage Arms apartments. .~I~~.IIBI A. Discussion of sewer rate philosophy. B. Crime Prevention Month - October 1994. 15A 15B 15C 14A C. D. Leaf pick up program Schedule extension of submission of Wastewater Treatment Plant Facilities Plan. 15D E. Cascadia Project. 15E 16. 17. UAM1'\b~~itNn~:ll!.$1!\nKtbU~~*~B....~CtinbT'C!! Mt:....:...~~M~~~!:MM_MY#Jb~~}!~ .~._::\~li.11 To conduct deliberations with persons deisgnated by the governing body to carryon labor negotiations. ORS 192. 660( 1 }(d) 18. ~r8!lm!\N'M:~g / Page 2 - Council Agenda, September 26, 1994 '.. r TAPE READING 0001 0015 0023 0045 0076 3A COUNCIL MEETING MINUTES September 12, 1994 DATE. COUNCIL CHAMBERS, CITY BALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 12, 1994. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kelley Figley Galvin Hagenauer Jennings Mitchell Sifuentez Present Present Present Present Present Absent 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 August 22, 1994 be approved; the planning Commission minutes of August 25, 1994, Recreation & Park Board minutes of August 22, 1994, and the Library Board minutes of August 24, 1994 be accepted. On roll call vote, the motion passed unanimously. APPOINTMENTS TO PARK BOARD. PLANNING COMMISSION. AND WASTEWATER ADVISORY COMMITTEE. Mayor Kelley appointed the following individuals to fill various vacancies: Park Board, position IV - Michael ROdriguez Planning Commission, position VI - James Salyers Wastewater Advisory Committee, position 2 - Jayne Gorsch JENNINGS/FIGLEy.... appointments be approved. The motion passed unanimously. ANNOUNCEMENTS OF UPCOMING MEETINGS. The Wastewater Advisory Committee will meet on-Tuesday, September 20, 1994, 7:00 p.m., in the City Hall-Council Chambers. The Transportation Task Force will hold their next meeting on Thursday, September 22, 1994, 7:00 p.m., in the City Hall Council Chamber~~ The City council and Wastewater Advisory Committee will hold a joint workshop on Tuesday, September 27th, 7:00 p.m., Council Chambers, to discuss rate-setting philosophies. Page 1 - Council Meeting Minutes, September 12, 1994 ... '!" 3A COUNCIL MEETING MINUTES September 12, 1994 T~E READING Councilor Jennings stated that the Transportation Task Force meeting will be held on Thursday, September 15th instead of september 22nd as previously announced. 0108 CHAMBER OF COMMERCE REPORT. Dave valencia, representing the Chamber Board, reminded the public that the Business Showcase will be held on Thursday, september 22nd, between 4:00 pm and 8:00 pm at the Woodburn Armory. This event will give local businesses an opportunity to talk to each other about their business and give the citizens an opportunity to see what products and services are available locally. He also stated that the Chamber's Business Directory is now available at the Chamber office. 0158 RESIGNATION OF BILL MITCHELL - COUNCILOR WARD I. A letter from Bill Mitchell was read into the record advising the Mayor and Council that he is resigning from the Wastewater Advisory Committee and City Council effective September 9, 1994. Councilor Jennings requested that the letter received by the Mayor and council dated september 8th also be read into the record. There was a difference of opinions as to whether or not the letter should be read. After consultation with Attorney Shields, it was determined that a Council motion could be made to override the decision of the Mayor. JENNINGS/FIGLEy.... letter from Bill Mitchell relating to the Wastewater Advisory Committee be read into the record. The motion passed unanimously. Mayor Kelley read the letter requesting the Mayor to extend the appointment terms of the members to one month following the adoption of a wastewater plan. The terms are scheduled for expiration on December 31, 1994. 0300 PUBLIC HEARING - CONTINUATION OF CAPITAL DEVELOPMENT COMPANY HEARING - SITE PLAN REVIEW #93-22 AND RECOMMENDATION TO AMEND ORDINANCE 2095 AND 2098. Mayor Kelley open the hearing at 7:12 p.m. which was a continuation from the August 8, 1994 meeting. Recorder Tennant read the required ORS statement regarding land use hearings. community Development Director Goeckritz entered the fQllowing exhibits into the record: 1) Exhibit 1 - Capital Development Company Application for annexation and comprehensive Plan and Zone Map Amendments and for Woodburn Crossing Planqed Development; 2) Exhibit 2 - Planning co~ission record for site Plan Review #93-22 and Ordinances amendments to 2095 and 2098 3) Exhibit 3 - Traffic Analysis Correspondence; and 4) Exhibit 4 - Written Testimony from prior hearing Page 2 - Council Meeting Minutes, September 12, 1994 .~. r TAPE READING 1158 1412 1589 3A COUNCIL MEETING MINUTES September 12, 1994 Director Goeckritz stated that Ordinance 2095 and 2098 include various conditions, one of which requires that the Transportation Rule be completed prior to any development of the area and plan amendments being made. Since the Transportation Rule has been taking more time to complete than originally expected, Capital Development has requested that they be allowed to develop Pha~e I of the Factory Outlet Mall concept on the property already zoned Commercial General (CG). The development would take place on approximately 13 acres with a building site of 85,000 square feet. The Planning Commission reviewed the proposal at their July 14, 1994 meeting and is recommending that the Council amend Ordinance 2095 and 2098 to allow the development of Phase I. Reconfiguration of the entire property with the Comprehensive Plan map and Zone map amendments would not take place until after the Transportation Rule is adopted. Director Goeckritz reviewed the location of the proposed development, necessary street/sidewalk/bikeway improvements, and Highway 214/1-5 interchange improvements. John Donaldson, Senior Vice-President of Capital Development Co., stated that his company has been working on this project for approximately 3 years. His company would prefer to do the full development at this time, however, they would only be able to complete a portion of it until such time as the Transportation Rule is completed. He expressed his concern on absorbing all of the street improvement costs during this initial phase since they are not able to build out completely and keep rental costs at a more reasonable level. He expressed his opinion that his company would be paying for more improvements that would normally be required, therefore, he requested a waiver of the Traffic Impact Fee due to the on- site and off-site improvements. Howard Stein, Traffic Engineer Consultant, briefly reviewed the traffic analysis report and the estimated trip rates (average of 3 vehicles entering and 3.5 vehicles leaving per minute). Since most individuals do multi-factor shopping trips, it is anticipated that more trips will be made on off- peak hours. Jane Kanz, Executive Director, stated that the Chamber of Commerce remains in support of the developer's proposal which would create new jobs and strengthen the local economy. The Chamber also feels that the fees to be paid by the developer are quite high and they suggest that other alternatives should _ be researched by the City to lessen the off-site improvement costs. John Baker, 999 Alder Lane, questioned why the burden of improvement costs ar~placed on this developer whereas HWI, located on the west side of 1-5, received some block grant assistance and did not have to pay similar costs. Sy Meigs, 1710 Woodland Ave., questioned why lottery funds could not be applied for and, if approved, be used to help offset off-site improvements costs. Page 3 - Council Meeting Minutes, September 12, 1994 '~ ~ TAPE READING 1799 2214 2390 2473 2653 2658 3A COUNCIL MEETING MINUTES September 12, 1994 Keith Woolen, 259 W Clackamas Cl, spoke in opposition to the proposal citing the need for an adopted Transportation Rule before any development takes place in the area and the full development of the property take place at that time. He also expressed concern regarding a previous report which addressed the need to expand the width of Highway 214 over the next several years. Mindy smith, owner of McDonald's, did not object to the development of the property, however, she was concerned about the traffic flow into her business once a median strip is placed from the interchange to Evergreen Road. She suggested that the City allow her to place signs on Evergreen Rd. to direct customers to her business. Bill Coldwell, spokesperson for several residents along S. Columbia, spoke in opposition to the proposed design of Evergreen Road once it is extended towards Parr Road even though the extension will not take place for several years. Layton Fowley, 1243 Woodland Ave., stated that he was more for the development rather than against it because of where it was going to be located, however, he is very concerned about the traffic situation between Highway 214 and Highway 99E. Mr. Donaldson reiterated that even with their development, traffic problems will continue to exist along Highway 214. His company feels that they are doing their fair share to help reduce the traffic problem based on the conditions outlined by the City. They are also willing to accept the Evergreen Road extension wherever the City decides to have the road located. Howard stein also stated that the median strip would be a mountable strip so that emergency vehicles could drive over the strip at a slow speed. The Mayor declared the public hearing closed at 8:14 p.m.. Brief discussion was held regarding the request from Capital Development Company to reduce some of Traffic Impact Fees they will be required to pay under the provisions of the current ordinance. JENNINGS/FIGLEY... accept the Planning commission's recommendation and staff be instructed to prepare the required amendments to the ordinances. The motion passed unanimously. PUBLIC HEARING - ZONE MAP AMENDMENT #94-2 AND SITE PLAN REVIEW #94-14 -- MILES CHEVROLET. Mayor Kelley declared the public hearing open at 8:18 p.m..- Recorder Tennant read the required land use statement into the record. At 8:24 p.m., the Mayor called for a short recess. The meeting reconvened at 8:31 p.m.. community Development Directot Goeckritz stated that the property under discussion is located adjacent to Highway 219 just west of Arney Road and east of Woodland Ave.. The parcel of land is approximately 6.48 acres with the proposed building to consist of 14,605 square feet. He reviewed the proposed road extension between Arney Road and Woodland Avenue to be Page 4 - Council Meeting Minutes, September 12, 1994 ...' r 3A COUNCIL MEETING MINUTES September 12, 1994 TAPE READING located along the northern boundary of the property. It was noted that there would need to be a cut in the Woodland Avenue median strip in order to complete the traffic flow. Additionally, a traffic light would be installed at the Woodland Ave./Highway 219 intersection when the ODOT traffic warrants are met. The property is currently zoned Commercial Off~ce and the applicant is requesting a change to Commercial Retail. The planning commission held a public hearing on this application and, following the hearing, unanimously voted to deny the zone change request. The applicant subsequently filed an appeal with the city. Tape 2 DirectoroGoeckritz read letters from the following individuals into the record: Henry Smuland (opposition), Dick Pugh (opposition), anonymous letter from Neighbors for Miles Chevrolet (proponent), and Dale Yuranek (proponent). 0489 wally Lien, attorney representing Miles Chevrolet, stated that he has only been working on this issue since the application was denied by the Planning commission. He has received additional information from the consultants and reported that approximately 80 residents in the West Woodburn had attended a meeting organized by Miles Chevrolet to discuss the issues of concern. He provided background information on the company which is currently located just south of Woodburn's city limits along Highway 99E. He reviewed criteria within the State land use law which must" be met in order to allow changes in zone and he reviewed the "single-use" concept which is allowed by law. He stated that this concept provides control over the property that the governmental unit would not have if a commercial Retail zone was granted as an outright use. 0829 Richard Newman, President of BP Group, Inc., stated that his company specializes in Business and Financial Plans specific to the area of assessment of sites for auto dealerships. He reviewed the location of the current site and the need to relocate in order to keep their business in sound financial condition. other properties considered for purchase by Mr. Miles were located around the Highway 214/Highway 99E/Mt. Hood Avenue area. These properties did not meet the needs of the business for various reasons and Mr. Miles Ultimately purchased the property located adjacent to Highway 219 in January 1994. In his opinion, the City would realize several benefits such as bringing in additional assessed valuation, traffic system improvements, continued economic growth, ~ additional employment, and single owner versus multiple owner of the land. He stated that an independent traffic study was - prepared which showed that the business would not have a peak period which ~ould adversely impact local traffic. The study also indicated that the business would generate 200 trip counts per day which would probably double over the next few years. A written report from B P Group, Inc., was submitted into the record as a proponent's exhibit. 1290 Bob Miles, 280 S. Pacific Hwy. and owner of Miles Chevrolet, Page 5 - Council Meeting Minutes, September 12, 1994 '...' ~' I TAPE READING 1594 1837 3A COUNCIL MEETING MINUTES september 12, 1994 stated that he has been at his present location for 22 years. He stated that his business has contributed to the community in not only fundraisers but giving students at the high school an opportunity to learn the automotive business. He has received an award for his accomplishments from the National Auto Dealership Association and he wants to keep his business within the community. When he purchased the property, he had not considered the possibility of a zoning problem mainly because he had been in the community for so many years and that the property was located in an ideal location for an automobile dealership. The expansion of the business is necessary to accommodate their needs and he is willing to accept the single zone condition. He also felt that developing the land would provide more security to the residents adjacent to the west side of Woodland Avenue to the end of their property. He suggested that the council~isit the Kendall Chevrolet site in Vancouver, WA, which is located adjacent to a residential area and the residents have no concerns regarding the business.at that location. Wally Lien referred to the site plan drawing and noted that there would be no access from Highway 219 into the property. Accesses are provided along the side streets. He suggested that the property is too large for a commercial Office complex and, if.that type of development is allowed, it would create more traffic during peak periods which would add to the traffic problem already experienced by the city. He stated that the report provided to the Council at this meeting addresses the following criteria: 1) public need (item 4), 2) best site possible to meet the need (item 5), and 3) do you provide a detriment to the city by taking the CO zone away (item 6). Dave Valencia, 1037 Young street, expressed his opinion that the site would be a suitable location for the auto dealership. He stated that Miles Chevrolet is a quiet, clean, and generally a good neighbor type of business that adds to the quality of Woodburn and would add to the tax base. He also stated that Doug Templeton of Carcraft had asked him to speak on his behalf to reiterate the good neighbor attitude Miles Chevrolet has displayed in the past and he feels the community would benefit from the relocation of the business. Carl Brown, Brown Insurance Agency, expressed his opinion that the needs in areas 4, 5 & 6 have been addressed and-the zone amendment should be approved. He also stated that Mr. Miles has been involved in local civic organizations for many years and he urged the Council to fully consider the requested zone change. Gary Dehore, WoodburnjRV Park, spoke favorably in allowing the auto dealership since, in his opinion, it would be good for the community and make the property a safer area. Robert Earl, surveyor of the property, stated that he had found evidence of people living on the site back in the shrubbery area. He also stated that local businesses should Page 6 - council Meeting Minutes, September 12, 1994 ... i TAPE READING 2561 3A COUNCIL MEETING MINUTES September 12, 1994 be supported and he urged the council to give Mr. Miles a chance at the proposed location. Bernadine Imblum, 3117 Myrtle, stated that she was speaking on behalf of 7 different families who live just west of the property and all are in favor of the zone change for the auto dealership. She stated that the vacant property attracts individuals who are involved in illegal activities and the auto dealership will eliminate that type of activity. She also stated that she had researched Mr. Miles reputation and found only positive cQmmentson him and his business. Additionally, the residents who live close to the property do not want to be bombarded by any housing unit that would create more children in the area, therefore, the auto dealership would be an ideal business at that location. John Barker, 999 Alder Lane, stated that he has resided in the area for 17 years and the lot has been vacant all those years. The lot is a nuisance and he feels that the prospect of a new business with the necessary road improvements would not be a detriment to the neighborhood. He also expressed concern regarding the petition in opposition signed by approximately 300 individuals when there are approximately 1500 residents in the West Woodburn area~ Jane Kanz, Chamber Executive Director, supported the proposed zone change citing 1) Miles Chevrolet as a known business within the community and their support for the community, 2) the importance in ~etaining local businesses and how difficult it is to recruit new businesses, and 3) the improvements to the property. . Jim Olson stated that he has been a member of the business community for over 20 years and he spoke in favor of the zone change. He stated that DEQ and other state/federal agencies have stringent regulations on automotive businesses. Miles Chevrolet has been a contributor within the City for many years which is often taken for granted by the community. He urged Council approval of the zone change. Mindy Smith, owner of McDonald's, also supported the proposed zone change and favorably commented on Mr. Miles contributions to the community. Carlile Ramon, Pastor of the 7th Day Adventist Church located adjacent to Burlingham Park, stated that the Church's boardmembers, some of which live in the area, have voted to support the zone change. They feel that the business would be a positive aspect to the neighborhood and would. reduce toe ~ criminal activity in the area. Marianne Imblum, 3117 Myrtle, stated that there is a lot of traffic on Myrtle Street between 9:00 p.m. and 5:00 a.m.. The police have bee~ in area more lately, however, the residents in that area feel that the auto dealership would reduce the loitering that takes place on the vacant lot during the late night/early morning hours. She realized that people in the area would like to keep the property vacant indefinitely, however, she urged the Council to allow the development Page 7 - council Meeting Minutes, September 12, 1994 ... r TAPE READING Tape 3 0387 3A COUNCIL' MEETING MINUTES september 12, 1994. proposed by Miles Chevrolet. Dale Baker also encouraged the rezoning of the property as long as there is the condition that an auto dealership is the only allowable use on the property. Richard Pugh, Planning commission member and resident of the West Woodburn area, spoke in opposition to the proposed zone change. He stated that he believed in the basics of the Comprehensive Plan and changes should not be made unless 1) the original plan was in error, 2) the community changed since adopted, or 3) there has been a change in planning and growth policy. He does not feel that an amendment should be made since there is no need for the rezoning. Harry Smuland, 3244 McNaught, spoke in opposition to the proposal and expressed his opinion that the Code Enforcement Division should be taking care of the nuisance problem that currently exists. He expressed concern regarding the impact of the development on the values of their homes and also stated that the total population in West Woodburn is approximately 1500 of which approximately one-third are children. Mr. Branson stated that his concerns have already been expressed py Mr. Pugh and Mr. Smuland. Sy Meigs, 1710 Woodland Ave., expressed concern on the traffic flow on Woodland since the" Arney Road would only be a one-way traffic flow. Additionally, he was concerned regarding the placement of the curved road between Arney Road and Woodland Avenue. He also felt that the value of their property would decrease if the development is approved. . Jose Gonzalez, 3388 Jory street, stated that the peak time for auto dealerships is on saturdays. since it is already difficult for motorists to get onto Highway 219 due to the Saturday traffic to the dragstrip, he felt that potential car buyers would test drive the vehicles in the residential area. He did not object to business and growth within the community but was concern regarding the impact it may have on his neighborhood. John Zobrist, 923 willow, expressed his opinion that an office structure would blend in more with the area and the trees should be kept for their aesthetic value. He also felt that the roadway issue needs to be addressed in more depth. vi Anderson expressed her opposition to the proposal anQ stated that her concerns have already been addressed .by other individuals who have provided testimony at this hearing. Tom Wagner, 849 Woodland Ave., expressed his opinion that there are other properties available which are currently zoned for an auto dealer~hip. ~n regards to the petitions, he did not obtain all of the na~es of residents due to a lack of time. He felt that office complexes can be made to look very presentable. He presented a letter in opposition as an exhibit. Page 8 - Council Meeting Minutes, September 12, 1994 ... r TAPE READING 0739 1258 1530/ 3A COUNCIL MEETING MINUTES September 12, 1994 Jerry Erdt, 1266 Woodland, stated that it was his understanding that auto manufacturers dictate the locations of dealerships and he expressed concern that if one dealership is allowed in the area then all of the local dealerships will move out to the area. In' regards to the statements made by Pastor Ramon, most of the people within the congregation live outside of the West Woodburn area. Tom Wagner also stated that he had talked to another individual who had heard. that Hershbergers would also be moving out to the freeway area. Wally Lien expressed his hope that they would be able to continue to mitigate the issues. He referred to the land use law as a flexible .planning process and commented briefly on the land appraisal and traffic issues which are included in the report given to the Council as a proponent's exhibit. He also referred to a letter from ODOT d~ted June 1, i994 which states that Arney Road will remain open for two-way traffic from Highway 219 north. There would be a 28 foot cut in the median strip which would require the removal of red maples, however, the trees would be replaced either on-site or off- site and still allow the traffic patterns to flow back and forth. In addition,. the proposed site plan does not have any buildings within several hundred feet. He reminded the Council that an apartment complex could be placed in a CO zone as an outright use. . Richard Newman stated that there would not be a chain link fence around the property and the wetlands would be protected. Since the current location of the business is on 3 acres of land, it does not ~rovide the business owner'with any long- term growth potent1al. currently, there is no service operation at the dealership on the weekends and the business is closed on Sunday. He also stated that he had spoken to Mr. Hershberger on the relocation issue and was told that would not be relocating his business to either Highway 214 or Highway 219. Mayor Kelley declared the hearing closed at 10:47 p.m... During Council discussion on the testimony presented by both sides, some concern was raised regarding the report submitted by the applicant and the need for the Planning Commission to review the material before a decision is reached by the Council. It was also' suggested that ppssible conditions could be worked out at the Planning commission~and.neighborhood level such as additional buffers between the development and the residential area, hours of operation, and test drive issues. FIGLEy/JENNINGS.... remand the issue back to the Planning commission for additional study including the materials submitted by the applicant this evening with particular attention on issues of landscaping, hours of operation, noise, and property use. The motion passed unanimously. Page 9 - council Meeting Minutes, September 12, 1994 '...' 1" 3A COUNCIL MEETING MINUTES September 12, 1994 TAPE READING The Mayor called for a recess at 10:53 p.m. and reconvened the meeting at 11:00 p.m.. 1631 COUNCIL BILL 1582 - ORDINANCE VACATING CERTAIN PORTION OF PUBLIC." RIGHT-OF-WAY PLATTED AS POPLAR STREET. FIRST STREET. AND THORN STREET. council Bill 1582 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 1582 duly passed. 1703 CONTRACT AWARD - SETTLEMIER AVENUE OVERLAY AND REHABILITATION OF HAZELNUT ROAD~ Bids for the overlay project were submitted by the following contractors: North santiam Paving, $122,445; D & D Paving Co., $137,995; and Morse arose Co., $151,950. Public Works Director Tiwari stated that the bridge was built approximately 6 years ago as part of the North Front street/Country Club Improvement project. The approach to the bridge is now failing and needs some repair and he assured the council that the bridge is structurally sound. JENNINGS/FIGLEY... award the contract to North santiam Paving in the amount of $122,445 for the overlay of Settlemier Avenue and the rehabilitation of Hazelnut Road. The motion passed unanimously. 1791 SELECTION OF CONSULTANT FOR TRANSPORTATION GROWTH MANAGEMENT GRANT PROGRAM. Staff recommended Council approval to use $20,000 as the City'S cost share for the completion of the project and to designated Kittleson & Assoc., Inc. as the consultant. JENNINGS/FIGLEY... approve the use of $20,000 as the city's cost share. . Administrator Childs requested that the motion include the designation of Kittleson & Associates, Inc. as the consultant. Councilor Jennings stated that he would include the designation of Kittleson & Assoc. as the consultant in his motion and Councilor Figley agreed to the amendment. The motion passed unanimously as amended. 1847 ACCEPTANCE OF UTILITY ~SEMENT RE: STACY ALLISON STREET LIGHTING. - Staff recommended the acceptance of a 10'x 12' utility easement from Property Management Services, Inc., which will surround a transformer to supply power for Stacy Allison street lighting. JENNINGS/FIGLEy.... accept th~ utility easement from Property Management Services, Inc.. The motion passed unanimously. / Page 10 - Council Meeting Minutes, September 12, 1994 ... 1" TAPE READING ~ 2055 2088 2146 2194 3A COUNCIL MEETING MINUTES September 12, 1994 NAMING OF THE NEW WOODBURN POOL. within a staff memo from Director Holly, the Park Board is recommending that the new pool be named "The Woodburn Aquatic Center". SIFUENTEZ/FIGLEy.... Council approve the Park Board's recommendation to name the pool as The Woodburn Aquatic Center. Councilor Jennings stated that he has had contact with other members of the community who would like to have the pool named as "The Woodburn Memorial Aquatic Center". Discussion was held regarding the. two names and Director Holly stated that the name suggested by Councilor Jennings was discussed by the Board, however, they unanimously approved the name stated in the memo. Following the discussion, the motion and second were withdrawn. SIFUENTEZ/FIGLEy.... Woodburn pool be named Woodburn Memorial Aquatic Center in memory of citizens who have also put work into the swimming pool over the past years. The motion passed unanimously. APPLICATION BY WOODBURN LIBRARY FOR LIBRARY DEVELOPMENT GRANT FUNDS. Director Sprauer requested authorization' to submit an application for grant funds to the Oregon state Library to be targeted for children's services. JENNINGS/FIGLEy.... approve the request to submit a Library grant application and authorize the City Administrator to sign the application. The motion passed unanimously. SOUND AMPLIFICATION REOUEST -.MESSENGERS OF THE CROSS. Administrator Childs recommended the issuance of a sound amplification permit to Messengers of the Cross on Sundays between 11:00 am and 4:00 pm during the month of September and to authorize the use of the Library Park stage for their ministry. JENNINGS/FIGLEY... approve the request as recommended by staff. The motion passed unanimously. BILLS FOR THE MONTH OF AUGUST 1994.- SIFUENTEZ/GALVIN.... approve voucher claims #24Q58 - #24411 for the month of August 1994. The motion passed unanimously. RESIGNATION OF BILL MITCHELL - COUNCILOR WARD I. JENNfNGS/SIFUENTEZ.... accept the letter of resignation from Bill Mitchell. On roll call vote, the motion passed unanimously. Councilor Jennings informed the Mayor that six individuals from the West Woodburn area (Ward I) are willing to be a part of a selection committee which would include the Mayor and a Page 11 - Council Meeting Minutes, September 12, 1994 .... ~ TAPE READING 2386 2421 2435 2478 3A COUNCIL MEETING MINUTES september 12, 1994 Councilor. It is fully understood that the Mayor makes the appointment, .however, these citizens would. like to be a part of the process in selecting someone to represent their interests. It was also noted that if the committee was formed, representatives from Senior Estates who reside within Ward I should be appointed to the committee. SUBDIVISION APPROVAL - STEKLOV ADDITION #94-02 (Pete Cam. DeveloDer). The Planning Commission approved, with conditions, a 79 lot subdivision to be located between Brown and Ogle Streets south of Br~dley street. No action was taken by the council on this issue. SITE' PLAN REVIEW #94-18 The Planning Commission Center with conditions. this issue. -- WOODBURN AQUATIC CENTER. approved the site plan for the Aquatic No action was taken by the Council on STAFF REPORTS -- A) Gang Intervention specialist - Two individuals have been hired as part of a grant program that involves the City, School District, and Marion County Juvenile. B) Final Traffic Plan- Settlemier Avenue Overlay Project -- Project will be completed in two phases and home owners along Settlemier street will receive written information on the project prior to any construction activity. C) . Building Activity Report for July 1994. Councilor Jennings stated that Governor Roberts had recently told the public that it was a'State objective to place state offices in downtown areas. He' suggested that the City contact the State to let them know that office buildings are vacant in the city's downtown area. Councilor sifuentez stated that she was involved with a group that is putting on a voter registration drive on Saturday, september 10th. Since music was involved, she requested permission to use sound amplification equipment. . FIGLEy/JENNINGS.... grant a sound amplification permit to Councilor Sifuentez for september 10th at Settlemier Park on behalf of students from Portland State u~iversity~ho-are conducting the registration. drive. - The motion passed 4-0-1 with Councilor Sifuentez abstaining. Mayor Kelley read the following list of candidates for city /offices on the November 8th ballot: Mayor -- Len Kelley; Nancy Kirksey Councilor Ward III Robert Allen; Don Hagenauer Councilor Ward IV Lydia (Mary) Chadwick Councilor Ward V Kathy Figley; Theolyn (Lynn) Martin Page 12 - Council Meeting Minutes, September 12, 1994 ... r TAPE READING ATTEST 3A COUNCIL MEETING MINUTES september 12, 1994 ADJOURNMENT. SIFUENTEZ/GALVIN.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 11:25 p.m.. . APPROVED LEN KELLEY, MAYOR Mary Tennant, Recorder city of Woodburn, Oregon / Page 13 - Council Meeting Minutes, September 12, 1994 ... r 38 MINUTES PLANNING COMMISSION SEPTEMBER 8, 1994 1) ROll CAll: Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mrs. Warzynski Mrs. Bjelland Mrs. Henkes Mrs. Davis Mr. Kosikowski Mr. Finch Mr. Atkinson Mr. Pugh Present Present Absent Absent Present Absent Present Absent Staff Present: . Steve Goeckritz, Community Development Director Teresa Engeldinger, City Planner 2) MINUTES: The Planning Commission minutes from August 25, 1994 were accepted as written. 3) BUSINESS FROM THE AUDIENCE: None 4) COMMUNICATIONS: A. Parking lot Paving Plan - Seventh Day Adventist Church, Willow St. Staff stated that to update the progress on this project, they will be paving and landscaping and putting in sidewalks soon. B. Planning Commission Training - October 8, 1994 Staff stated that registration would have to-be in by October 1, 1994. 5) PUBLIC HEARING: Continuation of Public Hearing of Site Plan Review 94-08 PCM\PCM9-08.94 SG:bw 1 ... " 38 Staff stated that the applicant had presented a revised site plan. There were now two accesses onto Young Street. [The applicant met with the Fire District. A letter dated August 25, 1994 from the Fire District was read into the record. An acceptable solution for the Fire District was the elimination of three parking spaces or the elimination of the median landscaped area on the east side of the parking lot. There is still the requirement of the sprinkler system in the new addition.] This will increase the mobility inside the complex if an emergency should occur. In losing the three parking spaces, the applicant would have to give up three units. They chose not to lose three units. Based on that information staff would like to make a recommendation that added to the list of conditions of approval that the applicant does show this revised site plan with a full 80 parking spaces to the Fire Marshall prior to building permit issuance. The other issues that were addressed by the applicant in this revised site plan were bicycle parking areas. The applicant has also provided a tot lot. Staff feels comfortable with this revised site plan. Commissioner Kosikowski asked about the disabled parking, if the fenqe would go around the entire complex, is the lot going to be redone as one lot. Staff answered yes, there are four disabled parking spaces, complete with signs, the fence is going all the way around the complex and the lot will be consolidated into one tax lot. Commissioner Bjelland asked the applicant if he would be upgrading the existing apartments. The applicant, Earl Doman, answered that they would be painting the entire complex the same color. Staff stated that due to the existing problems the applicant is having with graffiti on the buildings by Young Street, that many suggestions from putting in a window in the front to the lighting situation. The lighting plan will be submitted as a condition of final approval. Staff also wanted to suggest to the applicant that maybe some type of vegetation, that would not present a paintable surface, be placed in front of the buildings. There was some discussion between the Commission members, staff and applicant regarding the graffiti problem. Chairperson' Warzynski closed the public hearing. Commissioner Kosikowski stated that if the shrub was continued along the side of the building to deter graffiti and the new lighting plan would also help deter. PCM\PCM9-08.94 SG:bw 2 '... "" 38 Commissioner Atkinson stated that he felt that the owner should not be forced to change his existing landscaping. It should be left up to him as to how he wants to handle the graffiti situation. There was some discussion among the Commission members as to the parking spaces. Commissioner Kosikowski made the motion to approve this application for the development based on the standards, findings, conclusions and recommendations including the supplemental staff report and the addition of the seventeenth condition of the bike rack stated in the staff report. Commissioner Bjelland seconded the motion. A vote was taken and the motion passed unanimously. 6) REPORTS: A. Partition 94-06, E. Hardcastle Ave. Staff stated that this is for Commission acknowledgement of Administrative Approval by staff. Staff stated that the applicant is aware of the flood plain ordinance and the applicant will have to meet the standards set forth in the ordinance. B. Zone Ordinance Amendments - Discussion Paper Staff stated that they were not looking for any in depth review of these proposal at this time. Staff stated that there were 40 chapters and it would be brought before the Commission a little at a time. C. Update on Wastewater Advisory Committee - Frank Tiwari Mr. Tiwari gave the Commission an update on the work of the Wastewater Advisory Committee. He then opened himself up to questions from the Commission regarding other project questions they might have. There was some discussion about Settlemier (paving) and Front Street (where children have to walk to-and from SChDOI). There was discussion about the Country Club Road realignment. / Mr. Tiwari stated he would be glad answer any questions from the Commission PCM\PCM9-0S .94 SG:bw 3 ...' r 38 relating to Public Works anytime the Commission wished him to do so. Staff stated that the Commission might, in the future, wish to have the City Attorney come and answer any questions regarding the Dolan vs. City of Tigard. D. Code Enforcement - August, 1994 E. Building Department - August 1994 7) BUSINESS FROM THE COMMISSION: Commissioner Bjelland stated that she believed Mr. Tiwari should come back when the Wastewater plan gets more developed. Chairperson Warzynski stated that the Miles Chevrolet people were meeting with the neighbors. 8) ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. PCM\PCM9-08.94 SG:bw 4 ...' T" 4C CITY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 . 982-5222 PROCLAMA TION CRIME PREVENTION MONTH OCTOBER 1994 WHEREAS, crime prevention is everyone's business and depends on active cooperation among all elements of the community; and WHEREAS, in this era of escalating fear throughout the nation because of violence, citizens must be made aware of what they can do to protect themselves, their families, their neighbors, and their communities; and WHEREAS, the financial loss, personal injury, and community detf!rioration resulting from crime are intolerable and need to be addressed by the whole community; and WHEREAS, effective crime prevention programs excel because of partnerships among law enforcement, other government agencies, and individuals as they help to rebuild a sense of communal responsibility and shared pride; and WHEREAS, youth-oriented prevention programs promote positive alternatives and encourage youth to make significant contributions to their communities; and WHEREAS, all citizens should become more aware of violence, drug and other crime prevention efforts within the community to take action themselves and to nurture a safe, caring environment for future generations; NOW, THEREFORE, I, Len Kelley, the duly elected Mayor of Woodburn, do hereby proclaim October 1994 as Crime Prevention Month in Woodburnand call upon all citizens, government agencies, public and private institutions and businesses to increase their participation in our community's crime prevention efforts to more tightly weave the fabric of the community and strengthen community spirit. IN WITNESS WHEREOF, I have hereunto set my hand this 21st . !lay of s~mber, 1994. ~l(~ / City of Woodburn <"4i~' " .' " ~ i,.,\ ,.j'" /,I')"5\)):,.~j.,, .\'} ':-' ~' .", ~ rJ ~'i:,.{ j -, ',/?','.~ 'J'.1 ~~ . J' Ij ,;1,1 't~ '. '\ ,I r~Y~ ':.,~~ .~~_~) 'V " \ , {t ,i: (,n(f"I: '~;'VSI'"1'"'' y... ~/,. '\~{"~ 1~\.. ;ili" iit~ . t;l~ L'''~ :j y It ~ " It" ~'" U '{~~'" , " ~'r\../.., ...,,,:::-"'(-. ~ J4 li~I]:!/.' '," "".':' ~,v:.4J"'i, I+' ~'... - "i; ~}~;; ~~~,.. ff, .'~' ~~} ~,,')~/;A ... r 1 ' 8A City of Woodburn Police Department MEMORANDUM 270 Montgomery Street /ff) Don Eubank, Lieutenant V Criminal Operations Woodburn, Oregon 97071(503) 982-2345 Ext. 351 Date: September 11, 1994 To: Mayor and Council Thru: Ken Wright, Chief C. Childs, City Administrator Subject: Council Meeting September 26, 1994 Liquor License Request - Playa de Oro, 553 N. Front St. Change of Ownership DA License for applicant premises * * Addition to Special Conditions as requested * * Applicant: Mr. Salvadore Rodriguez At the August 22, 1994 Council Meeting, Councilor Mitchell asked about a condition on the license regarding the Video system. He asked if a condition could or should be added relating to non-service of alcohol when the video system was not operating. I am of the opinion that this is a valid concern and have added this Special Condition and have attached a revised page six, adding this condition as number 21 for your review. c: GLCC Mr. Rodriguez Attorney Bartlett File C:wp51 \playa.cha 1 '...' 'I' 8A CITY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 . 982-5222 September 15, 1994 Carol Bartlett Attorney at law 1 505 Water St NE Salem, Oregon 97301 Re: Mr. Salvadore Rodriguez Liquor License Application Dear Ms. Bartlett: I understand that you represent Mr. Salvadore Rodriguez in the liquor license application pending before the Oregon Liquor Control Commission. As you are aware, the Woodburn City Council must make a recommendation to OlCC. A public hearing is currently set before the Council on September 26, 1994. I did not attend the August 22, 1994 Council meeting but understand that you had concerns about certain police department records that you stated were not available to you from the department. My associate, Sharon Mitchell, did attend the meeting and telephoned your office on August 26, 1994 to follow up on your concerns. Ms. Mitchell left a message for you but did nor receive a return call. For your convenience, I am enclosing the police department's public records request form. If you wish to request any additional records, please follow the instructions on the form and return it to the city immediately. If I can be of assistance, please contact me. Sincerely, ,/\ /. I..........., : / \..- .' ./ \ I ,. / N. Robert Shields City Attorney NRS/kv cc: Mayor and City Council C. Childs, City Administrator K. Wright, Police Chief D. Eubank, Lieutenant '... 1" SA CITY OF WOODBURN POLICE DEPARTMENT [fWl]~[fWl](Q)[ffi~~[Q)CUJ[fWl] Woodburn, Oregon 97071 982-2345 Ext. 352 Paul E. Null Patrol Operatio To: Mayor and Council Thru: Chris Childs, City Administrator Subject: Liquor License Request - Playa de Oro, 553 N. Front Street After reviewing the attached police department staff report on the liquor license request from Playa de Oro, the city council may consider the following options: 1. Make an affirmative endorsement to OLCC with additional licensing conditions as presented in the attached staff report. 2. Accept the police departments recommendation of a negative endorsement to OLCC. To insure due process the Council should take no action at this time and set a date for a public hearine to allow the ap.,plicant an op.,portunity to be heard. If the applicant wishes to waive their right to the public hearing, the council may take action on the license request at this council meeting by not approving the liquor license request for Playa de Oro. ...' r SA City of Woodburn Police Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071(503) 982-2345 Ext. 351 9 Don Eubank, Lieutenant Criminal Operations ., '. '. Date: August 11, 1994 To: Mayor and Council Thru: C. Childs, City Administrator Subject: Liquor License Request - Playa de Oro, 553 N. Front St. Change of Ownership DA License for applicant premises Applicant: Mr. Salvadore Rodriguez Authority: Council Bill 1276, dated 021291 ORS 471.210...Local government recommendations... ORS 471.295...Grounds for refusing to issue a license Illegal Activities, Disturbances The liquor commission may refuse a license if the owner/operator, employees or customers of the business are involved in illegal activities in or near the business or there is a serious and persistent problem with fights, noisy activities or other disturbances in or around the business. Illegal Activities Included are; selling alcohol to a visibly intoxicated person, selling alcohol to minors, making alcohol available to minors through other people (called furnishing), selling alcohol between 2:30 a.m. and 7 a.m., licensee or employee drinking on duty, illegal drug use or sale, lewd conduct and prostitution. 1 '.... 'I' 8A Playa de Oro Disorderly Activities Included are; assaults, fights, harassment, vandalism, excessive noise, public urination, public drunkenness, and trespassing on private property. Council policy directs the police department to automatically recommend denial of a renewal application where there is a record of ten arrests, over the prior 12 months of employees or patrons of the licensed business for unlawful activities related to the sale or service of alcohol under the license either on the premises or in the immediate vicinity. As this is a Change of Ownership, DA License request, not a New Outlet, City Ordinance 1276 is applicable as a Liquor License Renewal. CALLS FOR SERVICE In the year 1993 the police department responded to 21 calls for service at 553 N. Front St., formerly The New Club Cafe. These responses resulted in 13 arrests, one of which was the previous licensee Juan T. Ruiz on Federal charges of delivery of a controlled substance, cocaine. These transactions occurred between May 1992 and October 1993. From April 1, 199~ until August 11, 1994 there have been two 2 calls for service in the area of this address. One was a warrant arrest in the alley near the bar entrance and the other was a traffic incident on the street in front of the business. A copy of the RAIN Display Incidents print out is attached as Exhibit 1. TWO LIFE THREATENING INCIDENTS In September of 1993 a man was shot in the leg near the rear door of this establishment. This person was a "regular" customer and was in this establishment just prior to the shooting. (WPD Case 93-6514) In October of 1993 a man was shot in the chest area at the corner of Front and Grant street. This shooting was done by a member of the HOBZ Gang who claim the downtown area as their "turf". (WPD Case 93-7907) 2 ... l' SA Playa de Oro PRIOR DRUG ACTIVITIES Prior to Juan T. Ruiz's purchase of this establishment, the former owner's daughter, who was a bartender at this establishment, then called the Alley lounge/Club Cafe, was involved in drug sales. While working and on duty as a bartender, she made phone calls and facilitated cocaine sales to an undercover agent. The defendant was arrested on warrants issued for Delivery of Cocaine when she was in the bar, off duty, drinking alcohol. Cocaine was found in her purse at the time of arrest. This incident along with the activities of Juan T. Ruiz show a history of drug sales and related activity at this location. Within the last 30 days a Confidential Reliable Informant (CRI) has been in several businesses in the downtown area including Playa de Oro for the purpose of contacting drug dealers for the purchase of drugs. The CRI did not contact any drug dt!alers in Playa de Oro. He was told by drug dealers that they do not hang out in that business because they do not serve alcohol and it is difficult to hang out without drinking alcohol because they look suspicious. OlCC DENIAL OF 90 DAY TEMPORAAv AUTHORITY Attached as part of this staff report is OlCC's staff report, Exhibit 2, is a denial of a 90 Day Temporary Authority to Dispense Class A Alcohol. The reasons given were based on significant public safety concerns. Even though Mr. Rodriguez was not involved with this business at this time, many incidents are listed that show public safety concerns and the probability of continued illegal activity such as drug sales, fights, and serious assaults. Recommendation: As a result of the premise history of serious and persistent problems and various negative activities that have occurred on or around the premises of 553 N. Front St. when it was a licensed premise; It is recommended that the Woodburn City Council send a negative endorsement to the Oregon Liquor Commission. In the eVBntthat OlGC would rule in favor of Mr. Rodriguez to receive a Class A Dispenser -License for theses premises, the following information and recommendations are presented. 3 '... T'" 8A Playa de Oro As stated in the denial from OlCC to Mr. Rodriguez, he did not write an adequate compliance plan to overcome the premises' history of serious and persistent problems. Since this denial Mr. Rodriguez has obtained an attorney and met with Chief Wright briefly and OlCC at length. On July 29th the Woodburn Police Department received a letter from Applicant Salvadore Rodriguez's attorney, Carol Bartlett, which included "Policies to Ensure Against Illegal Drug Sales" (Exhibit 3) and a listing of "Playa de Oro Signs" (Exhibit 4). Exhibit 3 are mostly OlCC Administrative Rules and are required. Exhibit 4 along with the conditions listed below are recommended to the Council as Special Conditions to be attached to the License for Playa de Oro should OlCC rule in favor of the applicant. These Special Conditions are necessary for the safety of the Playa de Oro establishment, their patrons and the citizens of Woodburn. If Mr. Rodriguez were to follow these conditions to the letter and if a license were granted by OLCC,. we are confident that his chances of success would be greater. CONDITIONS OF LICENSE The following Compliance Plan along with Exhibits 3 and 4 are necessary for the service of alcohol in the event the Oregon Liquor Commission rules in favor of Mr. Salvadore Rodriguez in the issuance of a Liquor License for operation of Playa de Oro Restaurant and Lounge, 553 N. Front Street, Woodburn, Oregon, 97071. 1. Service hours of alcohol shall be limited from 11 a.m. until midnight daily. 2. Drink Limit..Patrons will be limited to 2 drinks per hour and to 5 drinks in any single day. 3. Service Hours and Drink Limits will be clearly posted in both English and Spanish advising patrons of this policy. 4. _ No live music, Karaoke, mud wrestling, etc. will be . conducted on these -premises. 5. Owner/Manager shall schedule a Special Conditions class for all employees in conjunction with OlCC and the Woodburn Police Department prior to any service of alcohol. 4 '... ~ 8A Playa de Ora 6. All employees involved in the' service of alcohol shall attend and complete server education classes provided by the Oregon Liquor Commission. 7. Any and all law violations will be immediately reported to the police. When there is an incident that requires statements, involved employees shall immediately respond to the Police Department and cooperate fully with the investigation. Video Tapes and replays of these tapes will be immediately available to the police on request. 8. Persons working security will wear a uniform that clearly identifies them as "SECURITY". The uniform will not be blue or black in color. If a badge is worn it shall be a shield variety, not a star. City Ordinance 1839 explain's details of requirements for Private Security. .. 9. Security will make sure that persons are not loitering in or around the,building by making physical checks of all areas every half hour including, bathrooms, pool room, cafe area, alley way, rear door and Front Street entrance to cafe. All suspicious persons and activity will immediately be reported to the police. 10. Surveillance cameras will be on during all hours of operation when alcohol is served. Tapes will be made available to the police immediately on request for viewing and if necessary, for seizure as evidence. 11 . .Surveillance cameras shall be .mounted in such a manner as to view from the rear of the bar out to the customer area to capture faces. This also include the pool room area. More than one camera may be necessary to cover the entire. establishment. Tapes will be made available to the police immediately on request for viewing and if necessary, for seizure as evidence. 12. Food will be available at all times when alcohol is being served. 13. Anyone who becomes verbally offensive or engages in fighting or disorderly conduct will be barred permanently. 14. A log of all persons barred will be kept by the duty bartender and will be made -available to_th~ police upon- request; Replays of the video will be used to 'ensure that all-staff are aware of any person barred from the establishment. 5 ...' r 8A Playa de Oro 15. Additional lighting will be added to the alley entrance by the door and in the alley way in addition to the street light to. illuminate this area completely to prevent vandalism, fighting, drug dealing, prostitution and business security. Sufficient lighting shall be on inside the establishment during hours of operation to enable.an officer to view under tables, in corner and all areas to check for weapons, drugs etc, without the use of a flashlight. 16. The owner and/or manager listed on the OlCC License request shall remain on the premises during all hours the bar is open and there is service of alcohol. 17. Owner and Manager shall hold monthly meetings with the Woodburn Police Chief or designee to monitor progress. The police will provide calls for service at these meetings and discuss the activity listed. The Owner and Manager will be provided prevention and intervention information when necessary .and will comply as instructed. 18. Will thoroughly screen all new hire employees by checking their background as follows: Previous employer, Oregon State PoUce Identification Bureau requiring all employees to provide Playa. de Oro with a Criminal History Check prior to employment, and check with Department of Motor Vehicles for driving record. 19. If the establishment elects to have a pay phone, the phone will be fixed for out going call only through the phone company. Past history shows that pay phones in bars and taverns have been used for drug and prostitution transactions. 20. Employees who violate house policies, O.L.C.C. laws, and administrative rules and/or state statutes in the course of business, will be t~rminated and OlCC and the Woodburn Police Department will be notified of such activities and terminations. . 6 '... ' ~ Playa de Oro Exhibits: 8A 1) RAIN Display Incident log from April 1, 1994 to August 1 1, 1994 2) OLCC 90 Temporary Authority denial report 3) Policies to ensure against Illegal Drug Sales 4) Playa de Oro Signs and locations of signs cc: OlCC Mr. Rodriguez Attorney Bartlett 7 ... r SA EXHIBIT 1 DISPLAY INCIDENTS CAR545 000804/04/94 RE AGEN:WBP DATE:040194 TO:081194 LOCATION:553 N FRONT ST ESTIMATED NUMBER OF RAIN HITS:2 (PRESS "PF8" FOR ACTUAL COUNT.> AGCY INC# TP INCIDENT TYPE WBP 94-003267 I TRAFFIC MOVING LOCATION 553 N FRONT ST DATE STAT 051794 D WBP 94-003740 I FUGITIVE 553 N FRONT ST 060594 C ACTUAL NUMBER OF RAIN HITS:2 '.; r j'IHI U.::. :J..... ..L.~'.,jl-'flll '-_}L'_\..... -,(-'LLII _H--'_' _'1'_' -----"''-'/--' OREGON LIQUOR CONTROL COMMISSION Regulatory Field Services Division Salem Field Office . EXHIBIT 2 8A' NEW OUTLET/GREATER PRIVILEGE DXSPENSER CLASS A SUMMARY APPLICANT(S): RODRIGUEZ, Salvador TRADE NAME: PLAYA DE ORO ADDRESS: 553 N. Front Street CI.TY: Woodburn COUNTY: Marion ZIP CODE: 97071 TYPE OF LICENSE: Dispenser Class A ACTION: 90 Day Temporary Authority ..za..~ntxc%.xc..-...~.".....2...C...~-_._..._....-..-...2.aa..........___..._~_ca=~.c~...-...._._Ba.a.=.._........... DENY request for 90 Day Temporary of Authority based on significant public safety concerns. MANAGER RECOMMENDATION: Applicant reviewed prima facie refusal bases, met with Investigator Forbes several times as well as Chief wright and myself and was unable to write an adequate compliance plan to overcome premises history of serious and persistent problems. ~ ~i.' C ~~\. ~~J 5~ f Char tt1~~' Date /. " .' _~._..RE._.__&.__.~&._~.__&..~..._....a.-&-.._._--_.....___.__.._._......_..__...__._~._..____.____.M_.~.._.....~.._- LICENSE PROCESS RECOMHEND~TION: ) tf(ANT ( ) RRF1.1SE PREFERENCE CRITERIA Greater Services ( ) Uniqueneas ( ) Primarily 8. Rest&urll.nt ( ) Community Inadequll.tely Served ( ) In Small COt\\I\Iuni ty ( ) In Sma)..l COI\\/l\unity /Few $eaU () UNFAVORABLE CRITERIA LeIner Services ( ) NoG~eat.r Services/Uniqueness () Tavern Atmo.phere ( ) Only One Meal Per Day ( ) Fast Foods/Short Order Foods ( ) Heavily Patronized By Minors () ( ) CONDITIONS/RESTRICTIONS ~.e~.=S2ae...e......~5a.Q.~X..5....4.~~_....---_.._..-..._~__._..._&R.......~..-_....a....-...~~..._..a&a2-m..__._...CSA~ REGULATORY STAFF COMMITTEE RECOMMENDATION TO ADMINISTRATOR: BRINKROFF: EVANS: Kl,l!t.U; REED/WILLIS: ) GAANT ) aAANT ) GRANT ) GRANT ) REF1.1SI!: ) R!F1.1SE ) REFUSE ( ) REFUSE ) GRANT () R~SE ) CONDITIONS/RESTRICTIONS ....&~Gn&~~~s~.&...S~...._.E.~g2_._..___.M._.~_~.cm.~-__._~.__._~~.~Ka.._._~.~ft_..a_e_c.a....__._._Gs_..m..-._.._..u~r.~~ DATE: ADMINISTRATOR: x.~~:z&a~...._.........a&m-.-.......__....-_..-.-.-_."____~a..e_.__.W"~.__-.~.D4_---.-.~...-ua.-..-...-w.-.~..mm_aK..~ DATE: COMMIssrON ACTION: / '." ,. , . '-" \-.... 8A. OREGON LIQUOR CONTROL COMMISSION REGULATORY FIELD SERVICES Subject: License Investigation: Refusal of 90 Day Temporary Authority 4-27-94 Rodriguez, Salvador PLAYA DE ORO (DA) 553 N. Front Street Woodburn OR 97071 ATTACHMENTS: 1. Notice of Proposed License Cancellation dated 1-7-94 Compliance Plan from Mr. Rodriguez, received 4-25-94 2. RECENT BACKGROUND OF APPLICANT PREMISES: NEW CLUB CAFE: Retail Malt Beverage license, 3-15-73 through 10-15-76. NEW CLUB CAFE: Dispenser Class "A" license, 10-15-76 through 10-18-93. DON ,JUAN'S MEXICAN RESTAURANT AND LOUNGE: Change of Tradename 10-18-93. DON JUAN'S: Dispenser Class "An license expired 3-31-94; license not renewed. PLAYA DE ORO: Applicant Rodriguez will begin operation 5-1-94 and requests a 90 day temporary authority for Dispenser Class "A" license. PREFACE: On 11-4-93 the Federal Bureau of Investigation and the Woodburn Police Department served a search warrant at applicant premises and arrested former licensee Juan T. Ruiz for the distribution and possession of cocaine on the licensed premises. Former licensees Juan and Auro~ ~uiz voluntarily stopped the sale and service of alcoholic beverag~s at the applicant premises on 11-30-93. The restaurant remained open. Mr. Rodriguez presented an application to ~he Salem Fielq Office of OLCe on 4-20-94 for a DA license, change of ownership, for the applicant premises. '..' T"" l'l~ I U":' :::'-+ J..U'.JI HI-I L'L'_I_ .::JHLLI-j __'Ll..=,. JIO -"':.:.:"1 ~ r..... '-.--I "'---"" 8A Page Two PLAYA DE ORO (DA) *** ORS 472.160 (5) There is a history of serious and persistent problems involving disturbances . . and . . unlawful drug sales at ~he premises proposed to be licensed. FACTS: 1. While the premises was lic~nsed as DON JUAN'S MEXICAN RESTAURANT AND LOUNGE the Commission proposed license cancellation on 1-7-94. 2. The proposed cancellation was based upon seven violations which occurred between 5-13-92 and 10-27-93 at the applicant premises. . 3. The seven violations each pertain to permitting unlawful activities on the applicant premises. The violations inClude use of the business telephone to negotiate drug transactions, receipt of money for drug sales, delivery of illegal drugs and the negotiation of future drug sales. 4. I spoke with Woodburn Police Chief Ken Wright On 4-25-94 regarding his opinion of the proposed premises. Chief Wright stated he was "abSOlutely opposed" to the issuance of a 90 day temporary authority because of the need for a background investigation of the new owner in light of the past unlawful activity on the premises. "The premises location has been a source of narcotics transactions unprecedented in the city in the last seven years." 5. A review of records for 1993 shows Woodburn Police Department responded to a total of 24 calls for service at or in the immediate vicinity of the premises. Nine of the calls (13 indiViduals) resulted in arrest. 6. The 13 arrests are: one for detoxification of premises patron; one for misuse of identification; two for trespass, four individuals for misc. crimes such as assaulting a public safety officer, disorderly conduct, minor loitering on a licensed premises, criminal mischief, possession of a contrOlled substance (cocaine); one for unlawful use-of a weapon (gun), menacing, assault 4; one for theft/trespass; one for MIP/curfew/minor loitering on licensed premises and one (bartender of premises) for allowing minor to loiter on licensed premises. Thi former licensee (Juan Ruiz) was ...' T' ..............___'-'1111 .___.1.-"_'_ --'(-I~L-I' _<'U---' JI'-J "'"'tUI..:J r'. :' .......... '--' 8A Page Three PLAYA DE ORO (DA) arrested at the premises on 11-4-93 for distribution and possession of cocaine. 7. A review of records for 1992 shows Woodburn Police Department responded to 13 calls for service at the premises. One customer was arrested for the delivery of cocaine and implicated the premises bartender. The other incidents include two criminal mischief, one harassment, fOur thefts, two trespass and two warrant arrests. 8. The proposed premises operation is similar to DON JOAN'S MEXICAN RESTAURANT AND LOUNGE. The entertainment (two pool tables and a video game maChine) will remain unchanged. Applicant Rodriguez has painted the exterior of the premises and plans future changes to the style and decor of the interior. GOOD CAUSE: 9. While the premises was licensed as NEW CLUB CAFE there were no OLCC violations. 10. The applicant proposes to: (see statement from Mr. Rodriguez) 1) Sell more food than liquor (projects 51%; 1993 actual was 34%) 2) Will have security at all times 3) Install signs and surveillance cameras to prevent "bad conduct of patrons" 4) Will increase lighting available in "non-visible" areas 5) Will ensure the premises is clean and neatly ordered 6) Will paint and maintain interior/exterior of restaurant 7) Restaurant will be a non-smoking area; smoking permitted in lounge 8) New personnel will be hired 9) Will work cooperatively with Wogdburn Police De-partment-. - 10) -The atmosphere-of the premises will be "elegant and friendly" 11. Former licensee Juan Ruiz was convicted for drug transactions which occurred at the applicant premises and will be incarcerated. His prison sentence will be approximately four years. '..... ,... r'lH""( l~~ "'''j4 lU; ';:;oHI'1 1"__ILI_,- ':JHLLi"j ::"U.:J ..:Jl W -;~Il-' '---" --.;" SA page Four PLAYA DE ORa (DA) 12. Applicant initiated a meeting with Woodburn Police Chief Ken Wright; which occurred 4-26-94. Mr. Rodriguez stated Chief Wright requested more detail as to how applicant would accomplish the goals of the compliance plan. 13. On 4-26-94 I requested a more specific compliance plan. Applicant stated he will submit a comprehensive compliance plan within a few days. ANALYSIS/CONCLUSION: The criterion applies. The premises has a recent history of serious problems with unlawful activities. The premises has a history of persistent problems because the illegal activities continued for a documented period of 18 continuous months, ending when the search warrant was served at the premises on ll-4~93. Case precedent has established that a premises had a history of serious and persistent problems, and cancelled the license, where there were unlawful drug sales and violent incidents involving physical harm and threats of physical harm. Rastafarian Private Club, OLCC-90-V-085. The Commission concluded there was a history of serious and persistent problems were there were 24 incidents occurring over a two year period of time, including 12 fights, 3 thefts, 4 verbal disturbances, 1 car accident in the parking lot, 3 incidents of public urination, and one incident of shots fired in the parking lot. La Brisa, OLCC-91-L-037. The Commission has given significant weight to severe crimes, such as those involving violence or threat of violence, unless the circumstances show the incidents were isolated and happenstance. Handy Food Mart, OLCC-91-L-020. The history at this premises is more severe and carries greater we~ght in assessing the ability of applicant to resolve the serious and persistent problems. At the applicant premises, the documented unlawful activities were neither isolated nor chance occurrences. The Woodburn Police Department records show the frequency and severity of crime incidents increased at the applicant premises in 1993. One can argue the former licensee was the c~yse of the unlawful activities, as evidenced by his conviction vor illegal drug sales. Therefore, the applicant licensee will not be presented with these specifiC unlawful activities because the former licensee will be incarcerated. The serious problem is resolved. ...' r t-'.. " '---...- ' ''-.-/ SA Page Five PLAYA DE ORO (DA) However, this reasoning is simplistic. This conclusion assumes the former licensee was exclusively selling illegal drugs to the FBI undercover agent. Reasonable inference may be drawn that unknown patrons of the premises' were also engaged in these unlawful activities. There are documented arrests in 1992 and 1993 of patrons in the premises who were arrested for possessiOn or delivery of cocaine. It can be assumed that unidentified patrons may return to conduct unlawful activities if the premises operation is lacking adequate controls. Mr. Rodriguez has demonstrated a sincere willingness to address the activities and behaviors which contributed to unlawful activities which occurred in and around the applicant premises. Mr. Rodriguez initiated the meeting with Police Chief Ken Wright which occurred on 4-26-94. Mr. Rodriguez developed a compliance plan to prevent the recurrence of unlawful activities. Mr.. ROdriguez repeatedly stated he wants to discourage patrons who engage in illegal activities. The issue is whether Mr. Rodriguez has the ability to adequately control the premises and the behavior of patrons in the immediate vicinity of the premises. Case precedent has found a licensee's statement that he would not tolerate a repeat of criminal activity on the premises did not constitute a reasonable effort to control the activity. The Winema, OLCC-90-V-ll7. Case precedent found good caUSe to outweigh serious, numerous and persistent problems under the former licensee because applicant's experience and plan of operation would result in a significant change in the business and applicant could maintain reasonable contrOl of the premises. Handy Food Mart. OLCC-88-L-018. There is no documented historical information from premises previously operated by the applicant because Mr. ROdriguez has never been a licensee of the Commission. The ability and effectiveness of Mr. Rodriguez's efforts to adequately control the premises is unproven. At this stage of the license process, applicant has not submitted a fUlly developed plan. There is inSttfficient information upon which to evaluate Mr. Rodriguez' compli~nce plan~ / '..' T"' j"IHi U~ ~~ ~U.~~Hl'l VL~~, ~MLLll ~U~ ~:w ~Wl~ ,-' '-'" 8A RECOMMENDATION: '-'( , 1'1 ,~y ; . w"- \, 1-.1)/\ ) J. ,,)--\; 0 ,) 'tIt.... V 0 V ',', C. ~ti~ - ~ S. . "pJ: ~ J 1 ~d--" c>; r: Gf;'~ v.... ,./ ( t~ "0u ill) ~(V _~~",'(t-, . "~\' f\ /t\ \ r!~ ~(\ \ 0~'f)~ 0Y( \ DENY applicant's request for a 90 day temporary authority. Page Six PLAYA DE ORO (DA) ~{C~ ~6t;J Jan ce Forbes License Investigator \... Cher- ...t. Regulatory ADDITXONAL XNFORMATION: The DA license expired 3-31-94. The Woodburn City Council recOlnmended DENY of the renewal application at their meeting of 2-28-94. The Salem Field Office has not received the renewal application from prior licensees, Juan and Aurora Ruiz. On 4-20-94 Mr. and Mrs. Ruiz stated their attorney, Mike Mills, advised them the renewal was not required pending the results of the hearing conducted 3-9-94 (the issue was whether Mrs. Ruiz could drop Mr. Ruiz from the license). On 4-27-94 I telephoned Mr. MillS and Mrs. Ruiz. I left a message with Mary, secretary for Mr. Mills. I requested the original renewal application. I called Mrs. Ruiz at her home. She stated she did not have the renewal application. She did not recall giving it to the City of Woodburn for endorsement. She stated she would request a duplicate renewal application if the original could not be located. The question of the necessity of the renewal application was not posed to Co~~ission staff. I informed Mr. and Mrs. Ruiz, on 4-20-94, that the DA license expired and the application of Mr. Rodriguez is considered a outlet application. ne\<l / As a new outlet, the premises does not qualify for a 90 day temporary authority. ... r SA To : OLee From: Salvador Roidriguez I Salvador Rodriguez was born i.n Los Angeles California in 1968. When I was five years old my parents moved me to Mexico. 1 fmished secondary school and at the ~ame time I wns working with them, in a restaurant on the beach that we acquired with sacrifice. My duties were help my father fish in a boat that we owed. I also Scuba dived for seafood to supply the restaurant. After Completing secondary school in Mexico I moved back to Oregon. I graduated from Lake Oswego High School and finished two years at Portland Community College. After college 1 went to work for my aunt Rosa Flores \vhich 0\-\'115 Adult foster homes. After gaining experience and with the help of lilY parents I decided to open my O\vn care facility. whIch has been highly successful since. Now the opportunity of buying this restaurant was presented and I took advantage of buymg it. Do to the reputatlOn of this business the following changes wili be made: 1) Sell more food than liquor 2) \Vill have security at all times 3) Signs and surveillance cameras will be install to prevent bad conduct of patrons 4) More lighting will be available in areas non-visible 5) \Vill make sure that premises INill be cleaned arid neatly ordered 6) WiIi pa mt and maintain interior! exterior of restau.rant 7) Restauf,,:mt \vill be non-smoking unless in bur 8) All personnel will be changed 9) Will work together with Woodbur'ri police 10) 111e atmosphere of th~restaurant..bor \vi11 be e]eRa.nt and" - ' . fr-iendly / Sincerely. Salvador Rodri~ue7. /' ~- r/' ---) -, j.LL. td Ct. '\ n.utt\tJ"~ ... r I -'i.'':( 8A EXHIBIT 3 policies to Ensure Aqainst Illeqal Druq Sales OLCC has informed this applicant that a prior-prior owner (not the last owner, but the owner previous to the last owner) was arrested at this address because he was selling cocaine. I don't foresee this as a problem in the future because the prior-prior owner (Mr. Ruiz) is now incarcerated in fed~ral prison. In the event that Juan Ruiz is paroled, he is permanently barred from entering .Playa de Oro. Persons suspected of possessing drugs will be searched at the door. Refusal to be searched will resul t in refusal to be admitted. Persons leaving unexpectedly will not be re-admi~ted. Only 1 person at a time will be allowed in the bathroom. Video cameras will record during hours of operation. Inside the lounge surveillance cameras will be on during all hours of operation. Anyone caught engaging in illegal activities will be reported to the police and permanently barred from Playa de Oro. Replays of the video will ensure that all staff are aware of any person barred from this establishment. To prevent minors from entering the lounge, the security officer and staff are going to check In for anyone that looks under 30 years of age. Signs will be posted in visible areas, and are translated in both Spanish and English. To control the premises, all patrons will be seated, except pool players. Large groups will not be allowed to mill about. Serving alcoholic beverages to any patron who appears to be visibly intoxicated will not be tolerated. Food will be available at all times. Anyone who becomes verbally offensive will be removed for that particular day. If a fight does break out, the security officer and employees will stop it right away and arrest the offending party. This patron will not be allowed in the establishment again; and all employees will cooperate with the police in pressing charges. The security officer will make sure ~le are_not loitering/ around the building. The Woodburn Police Department are welcome and encouraged to s.tQ~ in ?t ~ny t~rne~ ... T 8A EXHIBIT 4 Playa de Oro - Siqns The following signs will be posed in the Playa de Oro restaurant and lounge areas:, Sign #1 (Spanish) - Aviso para todos nuestros clientes: Cualquier persona que sea sospechosa de distribuir drogas en este negocio seran sacados para siempre y reportada al la policia. La policia secreta es bienvenida aqui. (English) - No Drugs Allowed in This Establishment If you appear to have drugs in your possession, you will immediately be reported to the police and will not be allowed to return to this establishment. Undercover police officers are welcome here. Sign #2 (Spanish) - Si usted sale una vez y regresa se pude quedar aqui-pero si usted sale dos veces - No regrese hasta el siguiente dia. (English) - If you must leave the premises unexpectedly it will be necessary to remove your food and drink to make room for other customers. You will not be admitted back in until the next day. Sign #3 (Spanish) - Solo una persona en el bano a un tiempo. si usted no sigue esta regla sera corrido. Favor de no fumar en el bano. (English) - Only one person in the bathroom at a time. No Smokinq in Bathroom. Sign #4 (Spanish) - Estimados clientes: El estado the Oregon-requiere quitar bebidas alcoholicas de qualquier persona intoxicada. (English) - It is the law: We must remove your drink if you show signs of intoxilation. '.. ~' 8A Sign #5 (Spanish) - Siusted nacio despues de el dia de hoy en 1973, nostros no te venderemos alcohol a usted. (English) - If you were born after today's date in 1973, we will not sell alcohol to you. Sign #6 (Spanish) - El embarazo y el alcohol no se mezclan. Tomar bebidas alcoholicas, incluyendo vino, coolers y cerveza puede causar defectos de nacimiento. (English) Pregnancy & alcohol do not mix. Drinking alcoholic beverages, including wine, coolers, and beer during pregnancy can cause birth defects. Sign #7 (Spanish) - Tipos de identificacion aceptable: Licencia de mane jar vehiculos motorizados 0 targeta de identificacion del motor vehiculos Oregon 0 una targeta de declaraciou de que establezca su edad de OLCC. (English) - Acceptable Identification: Valid motor vehicles operators licanse or Oregon DMV ID care or completed OLCC statement of age card. Sign #8 (Spanish) - No se permite la entrada a menores de edad en esta parte del local. (English) - No Minors Allowed. Sign #9 (Spanish) - No se permiten apuestas jugando pool. (English) - No Betting Allowed. Sign #10 (Spanish) - Qualquier persona que empieze una pelea sera arrestado y no podra entrar a este lugar nunca mas. . - . / (English) - Fighting will Not Be To~ted III The pol1ce will be called and charqes will be pressed aqainst you. ~ 8A The locations are: Sign # 1 will be posted on the front wall where the pool tables are located. (See EHhibit F) I Sign # 1 R Will be posted neHt to sign # 1 Sign #2 will be posted inside the doors located where the pools are and the other one on the door located neHt to the bar table. (See EHhibit F) Sign #2R WiII.be posted neut to sign #2 Sign #~ will be posted on the front of the ladies and gentlemen bathroom doors. (See EHhibit F) Sign #3R Will be posted neHt to sign #3 Sign #4 will be set on top of each table in the lounge. (See fHhibit F) Sign #4R Will be posted neHt to sign #4 Sign #5 will be posted on the mirror behind the bar counter. (See EHhibit F) Sign #5R Will be posted neHt to sign #5 Sign #~ will be posted on the mirror behind the bar counter. Rnd will be behind the counter of the cash register. (See fHhibit F) Sign #6R Will be posted neHt to sign #6 Sign #1 will be posted in front of the doors as you enter. (See fHhibit F) Sign #1A Will be posted neHt to sign #1 Sign #8 .will be posted j1l front of the doors as you e~ter. (See fHhibit F, , - Sign #BA Will be posted neHt to sign #B T 8A Sign #9 will be posted neHt to the pool tables. (See EHhibit F) Sign #9R Will be posted neHt to sign #9 Sign #10 will be posted in front of the pool tables on the wall. (See EHhibit F) Sign # 1 OR Will be posted neHt to sign # 10 '... ,.. 0, - () ,'\ ... / {\ 'ur. I ':).6 - " I , FRONI SIR-cST RESTAURANT 1-11\ D POOL~OOIV\ D 7-7A 8-S.A. ~ 2.. - ?_^ EXHIBIT f" 5-5A 0-GA L-l OOO~<o C- -? A I I TA-'blES PCS"TROOM5 ~~ '---' f11 4 3- 3F\ 3-3A 5-5:" s - ,::.,e:.. L E:: f\ R. I 14-4,>\ I , .." r 8A 1.-.1A 7-71'- - 2A I 0 _~ . l (), or :.')-10/\ ..-;. 10A MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator ~ S U BJ . : Habitat For Humanity - Fee Waiver Request DATE: September 22, 1994 An appearance by representatives of Habitat for Humanity has been placed on this Council agenda. The group is requesting waiver of required city fees for a house that they intend to construct in Woodburn during the coming year (see attached letter) . No staff report specifiC to this issue is included in the agenda packet, but staff will be prepared to provide verbal background/comment when the matter is addressed by the Council. '..' l' 14 SEPTEMBER 1994 lOA \Ri~~~n~~ SEP 1 5 1994 TO: Mr. Chris Childs, City Administrator FROM: Ismael Villastrigo, President, Habitat for Humanity Dear Mr. Chris, I spoke to Mr. Frank Tiuwari yesterday concerning making a presentation on the 26th of September at the next Woodburn City Council meeting. This presentation is concerning the building of our next Habitat house in Woodburn scheduled for this year. The new house will be built at 475 Front Street. In the past the city has cooperated by reducing the building permit fees. My plea will again be to help us by continuing to support this worthwhile program. I will be bringing the new family that was selected and introduce them to the council as well as some of the volunteers that make up our Habitat for Humanity group. Since many of our volunteers are senior citizens, I would ask If we could be put on early on the agenda. I took Franks and Elida Sifuentes advise and postponed my presentation till the 26th since I understood there was to be many presenters at the 12th meeting. I hope to meet you soon Chris many thanks for your cooperation. You can call me at work 503-326-6092 or home 981-3365 to confirm the presentation for the 26th. Muchas gracias y adios. ~/:U- Ismael Villastrigo President, Mt Angel, Silverton Woodburn HFH .... r 108 MEMO FROM: Mayor and City Council Chris Childs, City Administrator fJ4te, TO: SUBJ.: Amendments to Ordinances 2095 and 2098 (Capital Development Co.) DATE: September 22, 1994 RECOMMENDATION: Approval of accompanying Council Bill/Ordinance regarding Site Plan Review 93-22 (Capital Development Co.) and amending Ordinances No. 2095 and 2098. BACKGROUND: Following a public hearing held on September 12, 1994, Council directed staff to prepare the necessary ordinance amendments. They are reflected in the accompanying Council Bill. As Council is aware, the amendments concern the annexation and comprehensive plan amendments relating to the subject property. Upon receipt of development plans for the property, staff will review and discuss the fee structure with applicants' representatives. Ordinance 2111 (re: Traffic Impact Fees) sets out a uniform procedure and appeal process for consideration of credits or requests for relief from applicable fees. / I , ..,,1_ r 108 COUNCIL BILL NO. 1583 ORDINANCE NO. AN ORDINANCE MODIFYING THE CONDITIONS OF APPROVAL CONTAINED IN ORDINANCE 2095, APPROVING A SITE PLAN FOR A RETAIL OUTLET CENTER TO BE CONSTRUCTED BY CAPITAL DEVELOPMENT, AND DECLARING AN EMERGENCY. WHEREAS, Ordinance 2095 reclassified certain property located in the southeast quadrant of Interstate 5, south of State Highway 214, from Marion County Urban Transition (UT) zone to City of Woodburn Single-Family Residential (RS), Multi- Family Residential (RM) and Commercial General (CG) zoning districts, and WHEREAS, this reclassification approval was subject to certain conditions of approval, and WHEREAS, the applicant, Capital Development, has requested modifictation of these development conditions, and WHEREAS, the Planning Commission and City Council have noticed and conducted public hearings on the proposed modification of said conditions, and WHEREAS, the applicant has also submitted a site plan for consideration and approval, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Ordinance 2095, Exhibit "A", Condition of Approval No.1, is amended to read: 1. Phase 1 of the development is allowed to proceed conditioned upon the applicant's use of the existing land use designations with no reconfiguration, as depicted in the following map of the subject property: / Page 1 - Council Bill No. 1583 Ordinance No. '",,' r 108 ,.-:, ~ ., ~~~ ;IN ~ :z ~ HEW6€RC R(W) ;0 ~ _..fIT 21<( 1 CURRENT PU.N tiN' NJ.fj>S,1 . COf.A(ERCW.. - 57.Jj acres .... ...... ~AMlt..y - 31.Jj acres !IllSfNGlE. fAMtly - 87.:5 acres lOW. N:;RES 176oW: acres MAP 2 / / Page 2 - Council Bill No. 1583 Ordinance No. .... ,. 108 Section 2. Ordinance 2095, Exhibit "A", Condition of Approval No.2, is amended to read: 2. Development of the site is permitted but no configuration change of the land use designations is allowed until the transportation plan for this area complies with OAR 660-12-060(1 )(b). Section 3. The Site Plan Review application in Case No. 93-22, previously approved by the Planning Commission, is granted. Section 4. Modification of the Conditions of Approval herein and the approval of the site plan review application are based upon the staff report and, specifically, the findings contained in the staff report which are attached hereto as Exhibit "A" and by this reference are incorporated herein. Section 5. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist ~Jnd this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. ISI N. Robert Stlields Approved as to form: City Attorney Date 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 3 - I I Council Bill No. 1583 Ordinance No. ",' r 108 EXHIBIT "A" Capital Development Staff Report Due to the volume of this exhibit (79 pages) it is not included with your agenda. A copy will be available at the meeting, as well as filed with the office of the City Recorder. / ".,. r 10C MEMO TO: City Council through City Administrator FROM: Public Works Program Manager # ft---- SUBJECT: Fund Exchange Agreement for Country Club Road Realignment DATE: September 19, 1994 RECOMMENDATION: Approve the attached resolution authorizing the Mayor and City Recorder to sign a fund exchange agreement with the state to receive $68,656 for the project to realign Country Club Road at Highway 214. BACKGROUND: The City is annually allocated federal Surface Transportation Program (STP) funds toward a federal aid or fund exchange project. A federal aid project requires a project to be identified in the State Transportation Improvement Program. The city currently has no project that meets this criteria. The other option is the fund exchange program where the city's allocated federal STP funds are exchanged for state dollars at the rate of 94 cents on the dollar for use on any project the state determines is eligible. The city's 1994 allocation of $73,038 will be exchanged for $68,656 in state dollars. The allocation must be used annually and can not be carried over from year to year. The city submitted the Country Club at Highway 214 realignment project as a fund exchange project. The state determined that this project was eligible and prepared a fund exchange agreement for the city's action. Staff recommends that the attached resolution authorizing the mayor and city recorder to sign the agreement be approved. , ..' r 10C COUNCIL BILL NO. 15-84 RESOLUTION NO. A RESOLUTION ENTERING INTO LOCAL AGENCY FUND EXCHANGE AGREEMENT NUMBER 13,095 WITH THE STATE OF OREGON TO EXCHANGE FEDERAL SURFACE TRANSPORTATION PROGRAM FUNDS FOR STATE FUNDS TO BE UTILIZED IN THE REALIGNMENT PROJECT FOR COUNTRY CLUB ROAD AT HIGHWAY 214 AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS, , the State of Oregon, by the authority granted in ORS 366.770 and 366.775, may enter in cooperative agreements with cities for the performance of projects and, WHEREAS, , The State has established a fund exchange program to exchange allocated federal funds for state funds to be utilized for accepted projects and, WHEREAS, , The State has determined that the Country Club Road at Highway 214 realignment project is eligible for exchange funds, NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into local agency fund exchange agreement number 13,095 with the State of Oregon which is attached as Exhibit n A" and by this reference incorporated herein for the exchange of allocated federal funds for state funds to be utilized on the project to realign Country Club Road with Highway 214. Section 2. That the Mayor and City Recorder are authorized to sign said agreement on behalf of the City of Woodburn. Approved as to form: r-y7,~~ City Attorney C{ bS-lN- DatJ APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder I , ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. , ..' r 10C Approved: ODOT Staff September 8, 1994 Miscellaneous Contracts & Agreements No. 13,095 LOC7tL .J\Jj'ENCY :J'U.:N1J 'EXCJ{.7t:J'{(j'E .Jt(j'R'E'EM'E:NT . !; , TIllS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State"; and the CITY of WOODBURN, acting by and through their Elected Officials, hereinafter referred to as "Agency". 1. By the authority granted in ORS 366.770 and 366.775, State may enter into cooperativeaagreements with counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 2. State and Agency have determined that it is advantageous to both parties and in the public's interest to enter into this agreement. 3. Agency has submitted a completed and signed Part 1 of the Project Prospectus outlining the schedule and costs associated with all phases of the HILLBORO/SIL VERTON mGHW A Y @ COUNTRY CLUB signal improvements, hereinafter referred to as "project". 4. To assist in funding the project, Agency has requested State to exchange Federal funds which have been allocated to Agency, for State funds based on the following ratio: $94 State for $100 Federal Based on this ratio, Agency wishes to trade $73,038 Federal funds for $68,656 State funds. 5. State has reviewed Agency's prospectus, considered Agency's request for the fund exchange, and has determined that Agency's project is eligible for the exchange funds. 6. The partie~.her~to agree.~hat the exchange is subject to the following conditions: A. The federal funds transferred to State may be used by State at its discretion. B. State dollars transferred to Agency must be used for the above-named project. This fund. exchange is to provide funding for specific roadway projects, and is not intended for maintenance. EXHIBIT "An '0' r 10C City of Woodburn Fund Exchange Contract #13,095 C. State funds may be used for all phases of the project, including preliminary engineering, right-of- way, utility relocations, and construction. Said use shall be consistent with the Oregon Constitution and statutes (Section 3a of Article IX Oregon Constitution). Agency shall be responsible for accounting for expenditure of State funds. D. This fund exchange shall be on a reimbursement basis, with State funds limited to the maximum amount shown on page 1. All costs incurred in excess of the fund exchange amount will be the sole responsibility of Agency. E. State certifies at the time this contract is written that sufficient funds are available and authorized for expenditure to finance costs of this contract within State's current appropriation or limitation. Funds available for reimbursement on, or after, July 1, 1993, are contingent upon the legislatively-approved budget of State. F. Agency shall be responsible for all costs and expenses related to its employment of individuals to perform the work under this agreement, including but not limited to PERS contributions, workers' compensation, unemployment taxes, and State and Federal income tax withholding. G. Agency agrees to comply with all applicable State, Federal and local laws, rules, regulations and ordinances, including but not limited to those pertaining to Civil Rights. H. Agency or its consultant shall conduct the necessary preliminary engineering and design work required to produce final plans, specifications and cost estimates; purchase all necessary rights of way in accordance with current State and Federal laws and regulations; obtain all required permits; be responsible for all utility relocations; advertise for bid proposals; award all contracts; perform all construction engineering and make all contractor payments required to complete the project. 1. Agencyshall submit a copy of the project plans and specifications to State for review two weeks prior to advertisement for construction bid proposals. State shall notify Agency of any changes or modifications it deems necessary prior to advertisement. Failure to suggest changes shall in no way constitute State approval of the plans and specifications. 1. Agency shall compile accurate cost accounting records. Agency shall bill State, in a form acceptable to State, no more than once a month, for costs incurred on the project. State will reimburse Agency at 94% of the billing amount, not to exceed $68,656. The cost records and accounts pertaining to the work covered by this agreement shall be retained for inspection by representatives of State for a period of three (3) years following final payment. Copies shall be made available upon request. ' K. Agency shall, upon completion of project, maintain and operate the project at its own cck and expense. ..' r City of Woodburn Fund Exchange Contract #13,095 lOC L. The contractor, its subcontractors, it any, and all employers working under this agreement are subject employers under the Oregon Workers Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. M. This contract shall be for two years, beginning on the date State's representative executes this agreement, and terminating two calendar years later, on the same month and day, unless otherwise extended or renewed by fonnal agreement of the parties. N. This contract may be terminated by mutual consent of State and Agency or by either party upon 30 days' written notice, delivered by certified mail or in person. O. State and Agency hereto agree that if any term or provision of this contract is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining tenns and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular tefIl} or provision held to be invalid. 7. Agency shall authorize execution of this agreement during a duly authorized session of its City Council. The fund exchange program was approved by the Oregon Transportation Commission on July 21, 1992, at which time the State Highway Engineer was authorized to sign the necessary agreements for and on behalf of the Commission. By Subdelegation Order HWY-6, Paragraph 11, the State Highway Engineer further delegated the signing authority to the Program Section Manager. By delegated authority, the Program Section Manager approved this project on August 31, 1994. ..' r 10C City of Woodburn Fund Exchange Contract #13,095 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. All agreement provisions were approved as to legal sufficiency on July 2, 1992, by Dale K. Hormann, Assistant Attorney General. APPROVAL RECOM:MENDED STATE OF OREGON, by and through its Department of Transportation By Region Manager By Program Services Section Manager Date Date APPROVED AS TO LEGAL SUFFICIENCY CITY of WOODBURN, by and through its Elected Officials By Agency Counsel By Date By Date Agency Contact: Randy Rohman Public Works Program Manager 270 Montgomery Street Woodburn OR 97071 / ..' r 100 CITY OF WOODBURN POLICE DEPARTMENT [M~[M(Q)~~~[Q)[UJ[M 270 Montgomery Street Woodburn, Oregon 97071 Paul E. Null ~ Patrol Operations Lieutenant 982-2345 Ext. 352 Date: September 17, 1994 Subject: ransportation - Seat Belt Enforcement Grant To: Chris Childs, Ci Mayor and Cou cil Thru: In February 1994 the police department was awarded a traffic safety grant for the enforcement of seatbelt and motorcycle helmet violations. The grant provided funds to pay police officers overtime for enforcement. ODOT has conserved enough money to offer an additional $2,000. for participation in the program from October through December 1994. The funds can be used for additional overtime expenses, training and conferences, and materials for a holiday blitz between Thanksgiving and Christmas. Since these funds are from a different program source, the city must enter into a new agreement with ODOT. RECOMMENDATION: The City Council enter into agreement with the Oregon Department of Transportation, Transportation Safety Section, for supplement enforcement funds for the enforcement of safety belt and motorcycle violations. cc Sgt. Devault / , ..". r 100 COUNCil BilL NO. J 58 ~ RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE STATE OF OREGON (OREGON DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY SECTION) ACCEPTING A TRAFFIC SAFETY GRANT FOR ENFORCEMENT OF TRAFFIC LAWS. WHEREAS, the enforcement of traffic laws in Woodburn is very important to the traffic safety of the city of Woodburn, and WHEREAS, grant funds are available from the State of Oregon, Oregon Department of Transportation, Transportation Safety Section, to supplement the enforcement of traffic laws in Woodburn, especially laws for safety belts, by providing funds for education and payment of overtime, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with the State of Oregon, acting by and through the Oregon Department of Transportation, Transportation Safety Section to provide reimbursement for police officer training and payment of overtime in safety belt enforcement. Section 2. That the Mayor, on behalf of the City, is authorized to execute said agreement, a copy of which is attached and, by this refere e, in orporated herein. 9 to 4f~ Approved as to form: 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 1 - COUNCIL BILL NO. RESOLUTION NO. , .",.. r OregOri DA1E: September 1,1994 DEPARTMENT OF TRANSPORTATION TRANSPORTATION SAFETY FILE CODE: TO: Contracting Police Agencies FROM: Anne Holder, Fiscal Specialist Transportation Safety Section RE: Intergovernmental Agreement for Overtime Enforcement of Traffic Laws Enclosed are two original intergovernmental agreements for your approval. Please have the authorized person in your office sign both originals and return them to my attention at the Transportation Safety Section, 400 State Library Building, Salem OR 97310 for further processing. When the agreement is completely signed we will send you an original for your file. Please remember that no costs may be incurred before the agreement is completely signed If you have any questions please feel free to contract me at (503) 378-3669. Thank you. AH / 400 State Library Building Salem, Oregon 97310-1349 (503) 378-3669 1-800-922-2022 FAX (503) 378-8445 ...' r 100 IN1ERGOVERNMENTAL AGREEMENT -TSS Agreement NumberDTNH22-93-Z-35195486 ODOT # 13,025 This Agreement is made and entered into by and between the State of Oregon acting by and through the Oregon Department of Transportation, Transportation Safety Section, hereafter called Department, and Woodburn Police Department, hereafter called Agency. I . RECITALS A. PURPOSE The principal purpose of this agreement is to supplement the enforcement of traffic laws throughout Oregon, especially laws for safety belts, by providing extra overtime funds; and the education and information of safety belt, DUn, and other traffic laws through local promotional activities. B. AUfHORITY 1. By the authority granted in 802.300-340, the Department may enter into contracts and agreements for the performance of functions and activities to promote highway safety. 2. By the authority granted in ORS 190, the Department can enter into intergovernmental agreements. C. BENEFITS Traffic officers will be trained in safety belt enforcement. Public attention about traffic safety will be gained. Data about safety belt use will be gathered. Hundreds of traffic enforcement hours will be added and, the expected result will be increased belt use and decreased deaths and injuries from motor vehicle crashes. D. EFFECTIVE DATE AND DURATION This Agreement shall become effective on September 1, 1994 (or on the date when both parties have signed this Agreement, whichever date is later). This Agreement shall expire, unless otherwise terminated or extended, on December 31, 1994. II. PROJECT MANAGEMENT PLAN A. DEPARTMENT OBLIGATIONS Department agrees to pay Agency not to exceed the sum of $2,000 upontcompletion of work as described under n.B. Al:ens;y Obli~ations. Department shall pay quarterly billings received ~ Agency within 30 days if received by Department on or before the 10th of the month following the billing period. .... l" TSS Agreement # DTNH2293Z35195486 ODOT # 13,025 8131/94 Page 2 10D B. AGENCY OBLIGATIONS The following assignments will be performed during effective contract dates. 1. To provide overtime traffic enforcement, with an emphasis on safety belt, DUll and other traffic violations for the Blitz Period of September 30- October 9, 1994 and a.holiday blitz between Thanksgiving and Christmas. 2. To provide publicity through the media prior to and after each enforcement blitz period as outlined in (B. 1.) above. Agency will inform the news media of this special program and keep them apprised of enforcement results. Agency will advise the news media of safety belt compliance in all investigated traffic crashes throughout the entire agreement time frame. 3. All officers receiving overtime pay must have previously completed the two hour training course "TSD Safety Belt Enforcement" 4. Officers will be permitted and encouraged to issue multiple citations to. drivers who have committed several violations. Example: "exceeding maximum speed" and "failure to wear safety belt." 5 . Agency will select target enforcement areas by conducting pre-enforcement safety belt user surveys in high crash locations prior to each enforcement blitz. Post-enforcement safety belt surveys will be conducted in the same locations at the conclusion of each enforcement blitz and results reported to the public through the news media. 6. Agency will report quarterly to the Department listing traffic enforcement activity during the overtime patrols and listing traffic enforcement activity on regular non-overtime patrol. (See Attachment A for information required.) 7. Agency agrees to document traffic enforcement, using straight-time hours by non-federally funded officers, equal to or greater than the number of hours submitted for overtime reimbursement under this Agreement. 8. Reimbursement Agreement Agency shall submit billings to the Department not later than the 10th of the month following the billing period. These billings must reflect actual costs and work accomplished during each Blitz period. (Reporting/Billing periods: September/October and November/December. The billing shall be submitted on the appropriate Department reporting fonn (Attachment B), indicate agreement number, billing period, overtime hours/rate of pay and be signed by contracting official. The Department will not be able to honor Claims for Reimbursement received after January 10, 1995. 9. Allowable charges under this agreement to contract funds include: ..' r 100 TSS Agreement # DTNH2293Z35195486 ODOT # 13,025 8131194 Page 3 a. Overtime pay for Enforcement Blitz traffic patrol at agency average overtime rate including benefits. Any approved associated administrative costs will be reimbursed at the straight time rate. b. Overtime pay for conducting pre-enforcement and post-enforcement safety belt user surveys. c. Administrative costs associated with the project, including Department approved travel expenses and expenses associated with the planned Awards Conference. d. Public information/education and enforcement materials. The Department, the Secretary of State's Office of the State of Oregon, the Federal Government, and their duly authorized representatives shall have access to the books, documents, papers, and records of the Agency which are directly pertinent to this specific agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of three (3) years after final payment Copies of applicable records shall be made available upon request Payment for cost of copies is reimbursable by Department. C. KEY OFFICIALS 1. Woodburn Police Department S gt. Allen DeVault 270 Montgomery Street Woodburn, OR 97071 2. Transportation Safety Section 400 State Library Building Salem, Oregon 97310 Telephone Number 378-3669 or 1-800-922-2022 CONTACT: Geri Parker III. GENERAL PROVISIONS A. TERMINATION This agreement can be tenninated at any time with two (2) weeks written notice by either party in writing. / ..' r TSS Agreement # DTNH2293Z35 195486 ODOT # 13,025 8131f)4 Page 4 100 B . STATE WORKERS' COMPENSA nON ACf The Agency, its subcontractors, if any, and all employers working under this Agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. C. INDEMNITY Subject to the limitations of the Oregon Constitution and statutes, Agency and Department each shall be solely responsible for any loss or injury caused to third parties arising from Agency's or Department's own acts or omissions under this agreement and Agency or Department shall defend, hold hannless and indemnify the other party to this agreement with respect to any claims, litigation or liability arising from Agency's or Department's own acts or omissions under this agreement. D. FEDERAL REGULA nONS It is understood and agreed that the activity covered in this Agreement is undertaken under the authority of Section 403, Title 23, United States Code, and is subject to the admiriistrative regulations established by Federal guidelines including Circulars A-87 and A-102, and are hereby incorporated by reference with the same force and effect as if they were given in full text The Agency agrees not to use the funds received through this agreement for activities previously carried out with its own resources. IV. APPROVAL The Section 403 Grant for Statewide Occupant Protection Selective Traffic Enforcement Program was approved by the Oregon Transportation Commission on October 20, 1993. At that time the Manager was authorized and directed to sign all contracts included in this Plan for and on behalf of the Commission. Said authority is set forth in the records, Minute Book of the Oregon Transportation Commission. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. V . SIGNATURES AGENCY WOODBURN POLICE DEPARTMENT ST ATE OF OREGON, by and through its Department of Transportation, Transportation 0 Safety Section !y Ed Marges, Manager Date By (Type or print name and title) Date ..', l' 10D Attachment A THREE FLAGS ACTIVITY REPORT Intergovernmental Agreement #DTNH22-93-Z-35195 486 Agency Address Contoct Person: TelEPOIe Reporting period k) Description of Activities/results (Attach separate Sheet if necessa...ry) Surveys: Pre-safety belt survey 0/0 Post-safety belt survey % Media Campaign: # News Releases issued # Press Conferences held # Newspaper Articles printed (Attach) Other Media (describe) Pre-Campaign Post-Campaign Enforcement Activity: Safety belt/Child Restraint Contacts Citations Warnings DUll Arrests Speed (all) Other Traffic Violations 10-day Blitz O.T. Enforcement Reporting Period StraiQht time Anecdotal reports of non-traffic arrests resulting from overtime safety belt enforcement:(attach separate sheet if necessary) Training (during this reporting period) ,. .__ Training Received In-service Training given #Officers course name # Office rs course name Number of Officers participating in Three Flags Program Number of officers trained in TSC Safety Belt Program / Mail reports by: November 10. 1994 December 31. 1994 To: Transportation Safety Section 400 State Library Building Salem, OR 97310 ...' 1" 100 ~ 0- 0- ~ ~ II 0 0 IC: W 0 .c: ~ ~ g. iI't iI't iI't ..... .9 -0 en < 0 f- ez:: ...J 'id <: U 0 ...J f-o ...J ~I 0 z 0 ;:J ....... 0 0 f-o ~ ... .... V"l 0 <: ~ 0- - ...J ...J 5 V"l <: <: 00 ...., z' f-o f-o ... ~ 0 0 0 00 ~OC'"l f-o f-o .. .....0- 8 U f-' "0 E-c<~ 0 '" ;>....... '5 U ~"O Z~~ 0.. 41 ril~ 0.. E ~oo 00 <) ~ ~ ... ~~'lI: -g U u~fi ~ U ~ ... 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Z bE w ~ ,~:l.~ ~ ,g ,g Cl ~.9.9 ~.9.9 f-o~ ez:: 00<( ~,g,g en ,- V> - Uz U oj oj ZQQZQQ Z ZQQ Z'" ... >< -~U .....+: V> 0:: zoo <: 00 U ::r: 0- 'OQ '" Zw _ tl~ <> 0 b b t b b z -> ...J U o(/) -a ~ <.) u <.) ~ u u til ~ = f-o .0- ~~ "0 Z to:: to:: to:: ez:: t.::; t.::; t.:l O~ ;:J <: ~.; 0<( ..... ..... ..... ..... ..... .... 00 w 0 0 0 0.. 0 0 <: <:E- 0.. ::2 Z~ .~25 u :3 (/)0 c ., 'CiJ C2 00 0<( ::2 N M '<t V) \Cl 2- ---- / ...' r 10E MEMO TO: City Administrator for Council Action FROM: Public Works Director L----:: SUBJECT: Julie Moore, C.E. Tech III ~ !J STOP sign request on N. Fifth Street at State Hwy. 214 FROM: DATE: September 21, 1994 RECOMMENDATION: It is recommended that Council approve the attached resolution regarding the install~tion of a STOP sign on N. Fifth Street at the intersection of State Hwy. 214. BACKGROUND: A citizen brought to our attention that there was not a STOP sign on North Fifth Street at State Hwy. 214 near Nuevo Amanaceer apartments. The Nuevo project has completed one phase of the apartments and there is an increase in the amount of traffic entering the Hwy. at this intersection. Fifth Street is barricaded south of Nuevo so there is no through traffic. In the past there was very little traffic and then only from the Seventh Day Adventist Church which has an access driveway to Fifth Street. The Manual of Uniform Traffic Control Devices states that STOP signs are warranted on a street that enters a through highway or street. The above intersection meets this criteria. An investigation in the field revealed that a white stop bar had been painted at the intersection but there was no sign. Therefore, a sign has been installed, with approval from the City Administrator, because of the obvious safety reasons from traffic entering the highway from Fifth Street. The legal considerations and Woodburn's practice requires that STOP sign installation be approved by the Council based on an engineering recommendation. Therefore, approval of the resolution is requested. / , .... r 10E COUNCIL BILL NO. ! 581-: RESOLUTION NO. A RESOLUTION DIRECTING THAT A STOP SIGN BE INSTALLED ON N. FIFTH STREET AT THE INTERSECTION OF STATE HWY. 214. WHEREAS, ORS Chapter 810 grants to the City of Woodburn, the authority to install stop signs at various locations within the City limits, and WHEREAS, the City Council has received and considered the attached staff report recommending that a stop sign be placed on N. FIFTH STREET AT THE INTERSECTION OF STATE HWY. 214, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOllOWS: Section 1. That a STOP sign be installed on N. FIFTH STREET AT THE INTERSECTION OF STATE HWY. 214. Approved as to form~ ~-\ City Attorney -- OZ!?f,!1 'I- Date Approved: Len Kelley, Mayor Passed by 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 1 - COUNCIL BILL NO. RESOLUTION NO. I '." r 10E NWl/4 SE1/4 SEC.07 TWP.5S'. RGE.1W. WM MARION COUNTY~ OREGON 0:: SEE MAP 5 1W 07AC Q I ~ N CIRCLE ~ ~"\O~ S\\, "-l~ 9\ 1000 42J08622 ~ ~ 1;- ,1:- . , , , , - I ' , , -' \\\0\ 1\ ~~ \ ? r\ t .< ro o ci t2 4.50 .-.. ..261 385.00 196 222 N88 30W .~ ~ ~6h o ~ <::> .+J '% ~o// ~ 7& ~~ 2500 42502000 '",,' l' 10F MEMO FROM: City Administrator for Council Action rs Randy Scott, CE Tech III, through Public Works Director TO: SUBJECT: Acceptance of Utility Easement DATE: September 21, 1994 RECOMMENDATION: It is being recommended that the city council accept the attached utility easement. The utility easement is referenced as Attachment II A ". BACKGROUND: The utility easement to be conveyed to the city is shown on the map as Attachment "B". The utility easement is sixteen feet in width and adjacent to the west property line of Fairway Plaza and will provide for the installation of an 8" diameter water main. RS:lg Attachments (2) / FWAY.EAS ...' r ATTACHMENT "A" UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that FAIRWAY PLAZA.INC.. 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 "ere in 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: A 16-foot wide utility easement contiguous to and lying east of the west line of Tax Lot No. 44090-000, Deed Vol 881, Page 88 in Section 12, Township 6 South, Range 2 West of the Willamette Meridian, Marion County, Oregon, the west bound~y line is more particularly described as follows: Beginning at a point on the northerly right-of-way line of Oregon State Highway No. 214 from whence the southwest corner of the B. F. Hall Donation Land Claim bears south 88045' East 1919.65 feet and south 01"09" West 449.10 feet, said point also being the most southerly southwest corner of that certain tract of land recorded in Book 881, page 88, Marion County Deed of Records; thence north 09046'50" east along the west line of said Deed Vol 881} Page 88, 850.14 feet to a point on the south line of certain tract of land recorded in Vol 173, Page 487 Marion County Deed Records. With the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, UTILITY facility, 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-ot-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 ot 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. FAIRWAY PLAZA, INC. ~"-i1\ \"- ~.~\~V~ George Brice: President- '1 Accepted by the Woodburn City Council on ,1994 STATE OF OREGON ) ) SS COUNTY OF MARION ) Mary Tennant. City Recorder City of Woodburn, Oregon On this the ~day of .A u~ u~T , 1994, before me a Notary Public in and tor the County and State personally appeared, l~ e .., r- ~ e.. -=F ~ r-; (' e_ known to me to b the same person(s) whose names are subscribed to the within instrument and acknowledged that they voluntarily-executed the same toethe purpose1:heretn containe"d. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~.N"\ 71, rTf-^'-'V~ NQ Y PUBLIC 'y Commission Expires: 10 -/3 - 97 Return to: City of Woodburn 270 Montgomery St. Woodburn, OR 97071 OFFICIAL SEAL LYNN A. GERSTNER NOTARY PUBLIC-OREGON COMMISSION NO. 025262 MY COMMISSION EXPIRES JUNE 13. 1997 BRICE.UTl ... r < 10F .. t '\ w!iLJ' ATTACHMENT "B" 11 I \. : I I ....f ' ,.....-. DIn mt" I l 10F ... t S -, ,." W I DE (;~$iMEM~ ~~~~E ~--:l" ~~~F :JIO"';t Ei" '\ ~ ~~ _~"!!!!!'.A.III.A.~ll!- '\ t I 1t\ ~ ,~ .. .. . '\ 911 ::J \ \. ~\ 't t exn...._..... . fI!J WIDe U~E-tJ, / ~~JIJfMAM ,.,~ ' r 10G MEMO FROM: City Administrator for Council Action ~0 Randy Scott, CE Tech III, through Public Works Director . TO: SUBJECT: Acceptance of Utility Easement DATE: September 21, 1994 RECOMMENDATION: It is being recommended that the city council accept the attached utility easement in conjunction with the Country Club Road realignment project with Oregon Way. The utility easement is referenced as Attachment" A". BACKGROUND: The utility easement to be conveyed to the city is shown on the map as .. Attachment "B". The utility easement is in conjunction with the realignment of Country Club Road with Oregon Way. The utility easement will provide for the relocation of street radius and traffic control devices. RS:lg Attachments (2) <, l / CC.EAS ..' ' r AfTACHMENT "A" UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that ECHO lEONETTI, 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 thQ. 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 ot W.M., 12 DB, Tax Lot No. 93030-300 and more particularly described as follows: ,r Beginning at the northwest corner of Lot 1, Block 67 of Woodburn Senior Estates No.7 in Section 12, Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon; thence east along the north line of said Lot 1,20.00 teet; thence south 44046'25- Westto a point on the west line of Lot 1,28.17 feet; thence north 00027'10" West along said west 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, UTILITY facility, Including sidewalks and signal control devices, with all appurtenances Incident thereto or necessary ther~~nder and acr~e said premises, ..an1Jn r<>a:>nv~~ rlght-nf-'Al..y--an'l Dbstr . , lIul4\. Incltlde ~ \ , wbich may endanger the safety 0 ntertere 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. r;~ ~ elZ:- E 0 Leonetti Accepted by the Woodbum City Council on , 1994 ... STATE OF C IT'-l P"(){[.., IJ tit- COUNTY OF SA-(!.tA-I'II...t'vvt.O Mary Tennant. City Recorder City of Woodburn, Oregon ) ) SS ) On this the (3 day of ~A rJ- County and State personally appeared, . Fe. A D t-~Of)..e. ;--1-; known to me to be the same person(at whose name.-ace-.-sSubscribed to the within instrument and acknowledged that tfl;&y voluntarily executed the same for the purpose therein contained. sV IN WITNESS WHEREOF, I hereunto set my hand and official seal. C ~)CC\... 7J < 1'1,'-tU"J1I.cf..f,.,\ NOTARY PUBLIC ' . My Commission Expires: ..r- / (}.. :s .I 1 ( , , 1994, before me a Notary Public in and tor the r.:n:~.:..'.., , lA'UR'A'J:'NEWMAN :::(1'" " \ COMMISSION #1020~" ~ "S..I' NOTARY PUBLIC - CWFORNIA ~ ~ '. :. SACRAMF.W'O COUNTY '" ~~ MV ~OWA EXPiRES MAY -2;.';~~8 a ~ ..........A::.::' ''''R.~~~----'':'}''tjj~ / . lEONETTI.UTl ..' r 10G . . , t I ... ~ ) , ~ ... ~ .:'" 771l. LoT -# $00 .. ~~ ~ t\j. j..or.1- ~ ~ ..... : ~I ~~ ~' ~ I t 1. l; f I / ATTACHMENT "B" 10G CITY OF WOODBURN 270 Montgomery Street . Woodburn, Oregon 97071 · 982-5222 JlWY z/4 . '.. $A5T 80.00 . !. ~ \ 04-: . ..! / CC(Q)[Pl( ... r 10H MEMO TO: City Council through City Administrator FROM: Public Works Director ~ T ~ SUBJECT: Wastewater Discharge Limits for North Marion Fruit Processing Facility DATE: September 21, 1994 RECOMMENDATION: Reaffirm the decision to allow wastewater discharge permit load limits to stay with the North Marion Fruit Facility without change in ownership considerations, .unless a change in operation or expansion were to take place. NOTE: The permitted peak flow be limited to 0.10 mgd, the permitted average flow be limited to 0.05 mgd and BOD be limited 100 Ibs per day. BACKGROUND: The North Marion Fruit building has been for sale for some time. The City has received indication that a buyer may be interested if the facility can continue to operate under the city permit. The prospective purchaser is proposing usage that is lower than allowed in the last city permit. The load limits and conditions for North Marion Fruit are outlined in city permit number 003-90 signed by the City Engineer on May 22, 1990. The proposed change of ownership would continue to operate within the limits established by this permit. North Marion Fruit Processing Company operated in the city for more than 30 years. In the late fifties or early sixties, the plant operation was moved from downtown area to the southeast section of town. To my understanding, the legal requirements for shifting the operation from downtown to the new location were met. The business always paid its water and seV\Ler bills and served the community well. The following facts have been considered prior to make the decision on the recommendation: 1. The building in question has been used for fruit processing business ever since it was constructed. ..' ' r 10H City Council through City Administrator September 21, 1 994 page 2 2. The purchaser is proposing a change in ownership but is not requesting a building permit for expansion. 3. City Council approved a similar decision in December 1991, and the loading request now are lower than what was approved by the council previously. 4. The systems development charge is intended to be part of the building permit process for the construction or expansion of a building or be a part of the process for an increased demand in water and sewer from the city. The North Marion purchaser is neither requesting expansion of the existing building nor wanting any additional water and sewer capacity for their business. Staff has determined that the proposed sale should continue to operate under the proposed permitted conditions without additional fees unless a change in operation or expansion should occur. Staff is asking council to approve this decision. The property owner has stated that a decision of the council will facilitate the transaction and proposed permitted loadings are acceptable. A copy of this memo, along with council's decision, will be sent to Mr. Engle, attorney for property owner and to the individuals handling the proposed sale. / ..' r 101 MEMO FROM: City Administrator for Council Action ~ Randy Scott, CE Tech III, through Public Works Director TO: SUBJECT: Connection of Sanitary Sewer Service to Property Outside of the City Boundary DATE: September 22, 1994 RECOMMENDATION: It is being recommended that the city council approve a sanitary sewer service connection to the residence at 2560 N. Boones Ferry Road, Tax Account No. 42341-000, and 2580 N. Boones Ferry Road, Tax Account No. 42341-085. Both parcels are located outside of the city boundary and shown on the map as Attachment" A" . The approval shall be subject to the following conditions: 1. As per Ordinance No. 1931, the monthly charges shall be factored at 1.5 times the normal rates, and the property owner or agent will be required to pay system development charges according to approved ordinance. Proper private easements be conveyed and recorded for maintenance of the service line. 2. 3. The issue of future sewer connections to Boones Ferry Road be resolved by an agreement between staff and the concerned parties. BACKGROUND: The Tukwila Partners, developing Tukwila Subdivision, Phase II, have requested the residence at 2580 N. Soones Ferry Road be allowed to connect to sanitary sewer. The sanitary main is to be constructed with Phase II of the Tukwila development and will be located in Miller Farm Road. The existing residence is, at present, being served by a subsurface sewage disposal system located off-site, within an easement on property owned by Tukwila Partners and within Phase II of the development. If allowed to connect to service, the easement would be vacated, the disposal system removed, and the area developed. Staff would further request that 2560 N. Boones Ferry Rd., Tax Account No. 42341-000, also be approved for connection to sanitary service. This residence is also being served by an on-site sewage disposal system. The exact location is unknown to staff and may even encroach upon the Tukwila development. With the construction of the residential development adjacent to this parcel, the s'i-stem .may- be disrupted or altered creating a failure and a health hazard. In allowing both the existing residences to connect to city service, staff is following past policy by removing potential ground water contamination sources, such as subsurface sewage disposal systems. Attachment "A" is a map of both parcels, Attachment "B" is the letter of request from Tukwila Partners. BOONESWR.CC ..,,' r It) ~ 6 ...J 50' 1 - " ('of 2300 ~ Q iii 11~ co ~ 2401 2 J1224700 :IE c ~ 0 iii ~ 10 a: III . L .' ... - .. gB / 1900 / 1125J0541 ." COUNTI LOT -,,- 50' ." 4_ J1<l.02 1OtO.lI1 0 .3800 0 'N 925JOOJ1 " ATTACHMENT "A" 580 N.BOONES FERRY ROA 2560 N.BOONES FERRY ROA SAN 177.;u 500 S1224700J o co o co 700 92247102 800'~ 1122471O.J :;E. ll:: <( LL r s S "HIS o / 5 00.02 o 3700 ~ M-' 6 110.02 3600 92530051 ~ ~ .J 1/?#\,...,,,,oH "..', f" . 20 UT'(..IT 101 , EASEMENT "" 2501 9224T105 o ~w o IQ Ol c o :z: ~ ATTACHMENT "B" I 1 01 June 14, 1994 Frank Tiwari Ci ty of Woodbur'l\ Engineering Dept. 270 Montgomery St Woodburn. OR 97071 4 Dear Frank. The Tukwila Partners have recentlY submitted a proposal for the next .. thirty-seven lots and the development of our main entrance. This. develop.ent will surround two homes except as they front onto Boones Ferry Road. These homes are owned by Russ and Mark Baglien. The home owned by Mark is adjacent to the main entrance. His property has an easement for a septic drain field that is where we wish to locate the .ain entry to Tukwila. It is desired at this time to hook-up the Mark Baglien residence when the next development ~ccurs. An attached plan shows how,an easement between two lots could accomplish this. Appropriate fees would be paid for hook-up and monthly assessments. This would also he the time to get approval and run a line to the Russ Baglien residence. the home to the south. Both lines are shown on the plans. It is understood that citv council.approval is needed for these hook-ups. We appreciate your help in getting thru this process. Pieas~ iet at: :w.U\'f if ;:he!"e i:; at~Y Ilur-e informatiun i1eedo::d u,,,.rurther assistance on my part. Sincerely, _ /,/ ~" 2- ~->~ "' Mike CaJlpbe 11 _ / \... P.O. Box 532. Woodburn, Oregon 97071. (503) 982-4748. FAX (503) 982-4849 ..' r 10J City of Woodburn Police Department MEMORANDUM Woodburn, Oregon 97071 (503) 982-2345 Date: September 21, 1994 To: Council and Mayor Thru: C. Childs, City Administrator Subject: Sound Amplification Request The police department received a request from Messengers of the Cross from Portland wishing to use a band to perform amplified music in English and Spanish to share the Gospel. Messengers of the Cross wish use of the Library Park Stage on Sundays, II A.M. to 4 P.M., the month of October, weather permitting. This group requested and the council approved the same activity during the months of August and September. I have attached the written request for your review. RECOMMENDATION: The City Council authorizes the use sound amplification equipment at the Library Park stage as requested by Messengers of the Cross on Sundays between 11 A.M. and 4 P.M. during the month of October 1994. '... r [ffi~ce~~Vl~[Q) 10J SEP 2 2 1994 Chris Childs City Administrator 270 Montgomery St. Woodburn, Oregon 97071 September 17, 1994 Dear Sir; I am with the evangelistic group the Messengers of the Cross. Our bilingual outreach has been sharing with your community since July of this year. As you know, that outreach has included some amplified music in Library Park during the months of August and September. As the weather looks promising, and as we have received some very positive results, we would like your permission to continue this outreach during October as well. I would like to thank you for your cooperation in granting us the first two permits for August and September. I am hopeful that our outreach in your community can continue to yield such positive results. Thank you again for your help and consideration. Sincerely, 1~$J.- Manuel Taboada Messengers of the Cross 5506 NE Hoyt St. Portland, Oregon 97213 (503) 236-8506 / ..' r 10K MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator tIAk 5 U BJ . : Impartial Fact Sheet re: Tax Base Measure DATE: September 20, 1994 RECOMMENDATION: Authorize staff to develop and distribute an imoartial fact sheet to city voters concerning the City Tax Base Measure included on the General Election ballot. It is also recommended that two Council members be designated to assist the City Administrator in reviewing the content/format of the fact sheet. BACKGROUND: Prior to major funding cutbacks in 1990, the city periodically developed similar impartial fact sheets regarding tax base or operating levy ballot measures. A fact sheet enables basic information concerning an issue to be uniformly distributed to m1 city voters or households. Partisan literature and/or flyers, occasionally prepared by interest groups or political action committees either for or against a measure, are very often directed to only limited segments of the city's electorate. State law allows the use of city funds for preparation and distribution of imoartial information about important election issues when that information is intended to assist the voter in making an informed and knowledgeable choice. The city tax base measure is an important election issue since state law requires that a tax base measure be placed before local voters every two years until one is ultimately passed (and as long as alternative annual operating levy elections are necessary). An assumption can be made that the intent of this state law is recognition on the part of the state legislature that a stable funding base is essential for every local government entity. Sufficient funds are available in the current budget for this purpose. ...' r 14A MEMO TO: MAYOR AND CITY COUNCIL THRU CITY ADMINISTRATOR FROM: STEVE GOECKRITZ, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: SITE PLAN REVIEW: HERITAGE ARMS APARTMENTS, YOUNG STREET DATE: SEPTEMBER 22, 1994 I. APPLICANT: RSS Architecture 2225 Country Club Road Woodburn, Oregon 97071 II. OWNER: Earl Doman 2 Progress Way Woodburn, Oregon 97071 At their September 9, 1994 hearing, the Planning Commission approved with conditions the applicants request of a two-story apartment building consisting of 14 two-bedroom units (seven units per floor). Please note that additional conditions of approval were added by the Planning Commission. (See Map I) III. RECOMMENDED CONDITIONS OF APPROVAL BASED ON THE REVISED SITE PLAN 1. Owner comply with zoning ordinance standards for minimum lot sizes for single- family houses and multi-family units. 2. Owner partition, adjust property lines or vacate property lines so that the proposed and existing buildings are not built over property lines. 3. Provide bike racks for ten (10) bicycles. 4. All driveways shall be hard surface and -meet chapter _10 standards. - 5. Provide final landscape plan per section VII of Standards Document for Site Plan Review. Submit to the Planning Department. 6. irovide a 7 foot high fence where the multi-family housing abuts a single-family zone. , '",,' r 14A Memo to Mayor and Council September 22, 1994 Page 2 7. Provide required buffer of 15 feet and a 7 foot fence between the new addition and contiguous property that is zoned single-family. 8. Loading space shall be marked to indicate "no parking, loading. II 9. Discuss how open areas (tot lot) will be maintained. Provide a three foot high fence around the tot lot. 10. Prior to building permit issuance, the applicant shall submit a copy oJ the revised site plan to the fire department for review and approval. 11. Following preliminary approval, provide alighting plan to the Planning Department. Design and placement of lights will be determined by applicant and planning staff. 12. Comply with chapter 8 standards. 13. Comply with chapter 10 standards. 14. Comply with chapter 26 standards. 15. On site construction shall not commence until improvement plans have been reviewed and approved by the Public Works Department and all right-of-way permits, non-remonstrance consent forms are signed. 16. Final plan shall conform to the construction plan review procedures and standards. 17. Final plan shall conform to city of Woodburn standard specifications and all state building codes. 18. Cemply with CQmments as submitted by other departments and agencies. .... r 14A Map I 'J;~ 4: ,~ '>': ccs. -.) - ~ ~- j' .... ... ... - :'~ ] / _1, , '"", r 15A MEMO TO: The City Council through City Administrator FROM: Public Works Director ~9-:0. ~' SUBJECT: Sewer Rate Structure Philosophy DATE: September 22, 1994 In the mid seventies the City Council discussed rate philosophy and approved a rate structure that was more or less guided by the requirements of federal grant. Any increases that took place in the last 1 5 years have been proportional to the i'1itial rate structure approved by the Council during the facilities planning process. After twenty years, City Council needs to discuss the philosophy again and give direction to staff so that funding issues, required by DEQ, can be addressed properly. This item is another major component of facilities planning. The rate philosophy workshop on September 27th will allow discussion on: 1 . Objective and Priorities 2. Rate Equity and Fairness 3. Classification of Customers 4. Sewerage System Costs and Revenue Adequacy 5. Rate Structure Option: a} Equivalent dwelling units b} Fixture units c) Metered water use d) Monitored sewage flow e} Combination of above The intent of this memo and brief discussion in the council meeting of 26th is to provide information to councilors that has already been provided to the members of the Advisory Committee. We hope that it will increase the comfort level of councilors in workshop participation and it will facilitate the future decision making process. ..' r 158 City of Woodburn Police Department MEMORANDUM 270 Montgomery Street W oodbum, Oregon 97071 (503) 982-2345 Ken Wright Chief of Police To: Mayor and Co C. Childs, Cit Date: Thru: Subject: National Crime Prevention Month, October Crime prevention is everyone's business and depends on active cooperation among all elements of the community. In this era of escalating fear throughout the nation because of violence, citizens must be made aware of what they can do to protect themselves, their families, their neighbors, and their communities. The financial loss, personal injury, and community deterioration resulting from crime are intolerable and need to be addressed by the who community . The Woodburn Police Department is joining with other cities and counties within Oregon to bring to the attention of everyone that crime prevention is their business and that our community is only as safe as we want it to be. Throughout the month of October the police department will be conducting activities targeting crime prevention. The beginning would be for the Mayor to proclaim that October 1994 if Crime Prevention Month by Proclamation. Attached are a list of the planned activities that the Woodburn Police Crime Prevention Officers will be working on. If you or your neighborhood, group or club would like to participate contact Lt. Don Eubank or Officer Scott Russell at 982-2345. cc. Eubank Russell B:CRIMEPRV.MEM / ..' r 158 CITY OF WOODBURN POLICE DEPARTMENT MJEMOJRANDlUM 270 Montgomery Street ~1:Y--' Scott Russell Detective I DARE Officer Woodburn, Oregon 97071 982-2345 Ext. 358 September 12, 1994 To: Lt. Don Eubank, Criminal Operations Comm Subject: October National Crime Prevention Month Contacts: Officer Torres, Officer Russell The following is a list of activities that have been, or are being, scheduled for October 1994 as part of National Crime Prevention month. Please fmd the description of the event, the contact person for the event, and any cost for the event or materials needed. City of Woodburn Proclamation: Request Mayor to proclaim October Woodburn Crime Prevention Month. See attached sample proclamation asking citizens, business, and government to work together to prevent crime. Contact Lt. Eubank cost 0 Press Releases: Release information on all events to local media for coverage and increased public awareness Contact: Officer Russell, Officer Torres cost:O Drug Free Red Ribbon Week, October 23-31: Assist area Kiwanas Club with Drug Free Red Ribbon Week activities by encouraging public to take part in program through press releases support of event by officers presentation to club meeting. Contacts: Lt. Null, Lt. Greg Olsen MCSO .... l' 158 Cost: to be born by Service club Senior Estates Crime Prevention Event: Possibly a Crime Prevention Fair or other crime prevention event to be hosted by the Sf. Estates Neighborhood Watch. Contact: Leo Crisman 982-4056 Cost: Born by Neighborhood Watch Woodburn Police Explorers Crime Prevention booth: Woodburn Police Cadets will man a booth outside of Walmart and Kmart stores regarding crime prevention and community relations. This will occur over a weekend with approx. 4 hours at each location. Contact: Det. John Coggins Cost: Balloons, stickers, helium Woodburn Comeback Campaign Downtown Event: The Woodburn Comeback Campaign is considering a ice cream social to be held sometime during October in downtown. this event will possibly be in conjunction with the bungalow theater and Woodburn Museum. Contact person: Vee Ott Cost: 0 Woodburn High School: Woodburn High School officials are planning on hosting a "Turn Off the Violence" program during October. Officer Torres has scheduled meetings with them to assist in planning. (see attached example of sample "Turn Off the Violence" program.) Contact: Jack Bimrose, Principal Cost:School to print needed documents. Woodburn Elementary Schools: Woodburn Elementary Schools have agreed to have Woodburn Police Officers make a short presen~tion to students prior to October 31, 1994 regarding crime and violence prevention and siessing Halloween safety. Contacts: Officer Torres, Officer Russell ...' r 158 Cost: 2 officers at straight time pay rate, Woodburn School District to Print Flyers for children to take home. Information Blitz to public: Woodburn Police Department will print and distribute crime prevention information at various locations throughout the City including: Police Department Woodburn City Hall School District Office Woodburn Chamber of Commerce Woodburn Public Library Woodburn Parks Dept. Contact: Officer Russell Cost: Printing costs $40.00 per 250 each double sided document on colored paper trifolded $50.00 per 500 each doubled sided document on colored paper trifolded Presentations to Civic Clubs on Crime Prevention Month: Contact Woodburn Kiwanas, and Woodburn Rotary regarding short presentations at their respective meetings to elicit support of Woodburn Crime Prevention Month. Contact: Officer Torres Cost: one officer at straight time pay rate ..' l' 15C MEMO TO: City Council through the City Administrator for Information FROM: Public Works Program Manager 41!1.----- SUBJECT: Leaf Pick Up and Disposal Program DATE: September 22, 1994 The City Council has directed in past years that the Public Works increase its sweeping effort during the fall. This effort has been directed at the downtown area and main streets leading to schools. The areas where sweeping intervals are increased to weekly are shown on the attached drawing. The remainder of the city is swept once per month according to the usual schedule. This fall Public Works will continue this practice. Increased sweeping will run from October 24, 1994 to December 16, 1994. There are some other options available to citizens who want to dispose of their leaves at no cost. These options will also be available from October 24, 1994 to December 16, 1994. Leaves can be disposed of on the drying beds of the sewage treatment plant. They can be dropped off as follows: Monday through Friday Saturday 8:00 am to 3:00 pm 8:00 am to 1 :00 pm. The plant is located one mile east of 99E on Hwy 211 (Molalla Rd). The plant is on the north side of the road and there is a refuge lane for the left hand turn. Signs will direct individuals where to deposit the leaves. Leaves deposited must be removed from plastic bags or other containers. Public Works asks residents not to rake leaves or debris onto the street but the sweeper will pick up leaves that are found in the gutter. The sweeper will pick up leaves but small branches and twigs tend to plug it up. Some other options for disposal include: 1. Composting on private property. 2. Pickup at residence. United Disposal employees will pick up bagged leaves as a part of regular serviC".e with regular charges. - .~ 3. Composting at Marion County site. Marion County is composting yard waste, which can be dropped at the North Marion Station located at 17827 Whitney Lane NE near the ash disposal site. Information on cost and conditions can be obtained by calling 981-411 7. / LEAFDISP.CC ..' l" 15C --- I~r ..(....EIIlCO.... MAIN ; FIRE STATION ~ =9= .. LEGEND ~.w,~r Scheduled Weekly Sweeping ."" Extension of Weekly Sweeping Dunng Leaf Clean-up ..' r 150 MEMO TO: The City Council thru City Administrator Public Works Director ~?- ~' Information on Facilities Planning Deadline Extension Request FROM: SUBJECT: DATE: September 22, 1994 Attached is the copy of the letter and the time line schedule for the Wastewater Facilities Planning approved by the Advisory Committee. a The letter to D.E.Q. outlines the reasons for the 8 month extension request. Staff believes that D.E.Q. will approve the request because of the city's very active action oriented prior work. Unless city council has objections, the letter will be forwarded within a few days. ...' 1" -- 15D CITY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 . 982-5222 September 20, 1994 OPW27874.FM Mr. Jaime Isaza Project Officer, Water Quality Western Region 1102 Lincoln, Suite 210 Eugene, Oregon 97401 ... .. . Dear Mr. lsaza: Subject: October 1992 SFO Schedule Extension Request This letter is written as the formal request for a schedule extension to the Stipulated Final Order dated October 1992 corresponding to the current permit. The City of Woodburn requests an extension of 6 months for submission of the Draft Final Woodburn Wastewater Treatment Plant Facilities Plan for approval by the Department of Environ- mental Quality (DEQ). Instead of November 18, 1994, DEQ would receive the submis- sion July 18, 1995. In the meeting with DEQ on July 7, 1994, a schedule extension was discussed. DEQ requires a written request and substantiation of the request. Substantiation for the request includes: 1. Incorporating regional issues into the facilities plan 2. Wastewater Advisory Committee (WAC) requests for detailed involvement in development of the facilities plan 3. Desire for additional public involvement through another Open House before the Public Hearing { Evaluation of ~ additional alternatives, Sidestream Elevated Pool Aeration (SEP A) and poplar tree irrigation 4. I: \27874 \Extension .Itr 150 Mr. Jaime Isaza Page 2 September 20, 1994 OPW27874.FM 5. Ensuring compliance with the new DEQ facilities plan requirements 6. Negotiation of permit conditions during the facilities planning process 1. Regional Issues The City of Woodburn, with verbal consent from DEQ, embarked on a regional study to determine the demand for regional laboratory , solids handling, septage receiving, and landf1llleacheate disposal. The study has been supported by 13 surrounding communi- ties. Initially, a 2-month delay was expected to allow the results of the study to provide input into the selected alternative planning, but the final product has been delayed by 3 months. It is expected to be presented to the WAC on September 20, 1994. il. 2. Wastewater Advisory Committee (WAC) Involvement The WAC has been meeting since August 1993. They have made recommendations on the issues regarding flows and loads, evaluation of alternatives, selected treatment alterna- tive, and effluent disposal. The process is working well. It resulted in' a well attended public open house on the alternatives, regional issues, and oth~r environmental issues. The WAC wants to have additional detailed involvement in the facilities plan costs and rates analysis, which was beyond the original concept. In addition, they are still explor- ing new options they believe may be cost effective, such as SEP A and poplar tree irriga- tion. This detailed involvement will require additional time. 3. Additional Public Involvement through Another Open House , The scope and cost of the project is greater than anticipated and has required extensive public involvement. During the first phase of the facility planning process prior to fmal TMDLs being issued, a public meeting was held. After TMDLs were issued a Public Open House was held. The open house, held on the regional issues and "big picture alternatives", was attended by more than 100 people. A second open house is desired to present the selected alternative and the potential impacts on the sewer rates. This addi- tional open house will require more time in the....schedule. Th~se two open houses are provided in addi~on tQ the mandatory ~blic hearfng on the Facility Plan, 4. Additional Alternatives J~ additional alternatives were introduced for investigation after the preferred alte~a- tive was selected. The Sidestream Elevated Pool Aeration (SEP A) issue was first intro- duced at the June 21, 1994, WAC meeting. The Mayor introduced it and he showed how I: \27874\Extension.ltr .', -"---"'r"'" Mr. Jaime Isaza Page 4 September 20, 1994 OPW27874.FM 150 14a(l) Twenty months after establishment of the TMDL, the Respondent shall submit a final draft facilities plan report that evaluates alternatives for complying with the TMDL, percent removal requirements for BOD and TSS, the water quality standards for chlorine and ammonia, and all other applicable water quality standards. The facility plan shall also include an evaluation of the mixing zone. After receiving written comments from the Department on the fmal draft facilities plan, the Respondent shall submit a fmal facili- ty plan within 90 days. 14a(2) Four (4) months after approval of the facilities plan, Respondent shall submit a predesign report. Eighteen (18) months after approval of the facilities plan, the Respon- dent shall submit engineering plans and specifications for construction of necessary im- provements. .. We look forward to working with you during the facilities planning process to ensure the preparation of an acceptable submission for your approval. Sincerely, Frank Tiwari, P.E. Public Wodes Director dw/I: \27874 \Extension.ltr cc: City Council and Mayor City Administrator Daria Wightman Frank Sinclair Dean Morrison . Mark Hamlin David Mann / I: \2787 4 \Extension.ltr '. T MEMO TO: City Council through the City Administrator Public Works Program Manager q /:f!!I!-- FROM: SUBJECT: Water Exceeds Maximum Contaminant Level (MCL) for Microbiological Contamination DATE: September 26, 1994 The City of Woodburn received notice September 23, 1994 that it had exceeded the Maximum Contaminant Level (MCL) for microbiological contamination in the city's drinking water. The MCL exceeded is based on the presence or absence of total coliform bacteria in a sample. For a system of Woodburn's size, total coliform positive samples shall not exceed one per month. The city collects 17 samples for testing each month. One of four samples taken on September 20, 1994 tested coliform positive. The State Health Division was contacted and the city took repeat samples as required by Environmental Protection Agency (EPA) rules. Repeat samples were taken from the location of the original positive sample, on Wilson Street, within five connections upstream and downstream from the original sample, and one from elsewhere in the system. Friday afternoon, September 23, 1994, the city was notified that samples from the two connections upstream and downstream had also tested coliform positive. A repeat sample from the original sample point and from elsewhere in the system were negative when retested. The sampling point is designed for sampling and is relatively easy to sterilize. The point must be sterilized so that coliform bacteria which naturally occur in nature do not contaminate the sample. The service connection is an outdoor hose bib at a house. These are more difficult to sterilize. The city feels that there is a potential that inability to get the two service connections properly sterilized may have led to the positive results. The failure requires the city to make public notice in two ways. First is by publication ~ in a daily.or weekly newspaper of general circulation in the city as soon as possible, but in no case later than 14 days-after the vielation. Second- would '\)e by mail delivery to persons served by the system not later-than 45 days after the violation. EPA has"-'provided specific languagelhat must be used in the notice. The language is: / ~--- "The United States Environme[ltal ~rotection Agency (EPA) sets drinking water standards and has determined that the presence of tOtal coliforms is a possible health concern. Total coliforms are common in the environment '/ <, { - " and are generally not harmful themselves. The presence of these bacteria in drinking water, however, generally is a result of a problem with water treatment or the pipes which distribute the water, and indicates that the water may be contaminated with organisms that can cause disease. Disease symptoms may include diarrhea, cramps, nausea, and possible jaundice, and any associated headaches and fatigue. These symptoms, however, are not just associated with disease-causing organisms in drinking water, but also may be caused by a number of factors other than your drinking water. EPA has set an enforceable drinking water standard for total coliforms to reduce the risk of these adverse health effects. Under this standard, no more than 5.0 percent of the samples collected during a month can contain these bacteria, except those systems collecting fewer than 40 samples/month that have one total coliform positive sample per month are not violating the standard. Drinking water which meets this standard is usually not associated with a health risk from disease-causing bacteria and should be considered safe. II . The city is working with the State Health Division on the positive samples. Additional samples from the area were taken today, September 26, 1994. Results from this set of samples will be available September 27, 1994. The city flushed water lines in the vicinity of the positive samples. This action was concurred with by Health Division. All samples are also tested for the presence of fecal coliform or E. Coli bacteria. These forms of coliform bacteria are much more serious and are considered an acute health risk. The samples did not contain any of these coliform bacteria. At this time, there is no action required by Woodburn residents. RR:bw ~ r ~ " ;: I CNTAMANT .tc ......_~-- </" ( .. r