The URL can be used to link to this page

Agenda - 10/10/1994 5. 6. CITY OF WOODBURN 270 MONTGOMERY STREET .... WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL OCTOBER 10. 1994 - 7:00 P.M. 1. 2. 3. _:'I.lt.rlrm:~II_ ',:- ..:: -:....,',' 'r'" ", . ,";", . .... ......;. .', ::'. . :~'...:. ........::.....:..~~...:::.:::._.:t...~:~..:....:......::...... .... :...J:....:.......:.........::..:1...:::....::::..:.:..:.........:.:......... .......~..........:...::....~..w. If.f_ . :: ::: :::~. .:..... ': .;: :~ ................... .!-.. ..................... urm1itiflS - A. B. Council minutes of September 26, 1994 regular and executive session. Planning Commission minutes of September 22, 1994. ~ 38 4. _lJ1Gf_ ... ................... ................ ..................))...........................~......................... .............1'0" .................................................... APPOINTMENTS: City Council Ward I: Mr. Fred Kasachev, 189 Willow St. 4A ANNOUNCEMENTS: Wastewater Advisory Committee: October 11, 1994, 7:00 p.m. at City Hall. October 18, 1994, 7:00 p.m. at City Hall. PROCLAMATIONS t:9I.D_I':'f::B":':eti"tiY:!:~ _:~:~IYM A. Chamber of Commerce B. Other Committees -..........'...'....::.'.'.'...':..::........:...':....:...:...,: . :0':. :~.............. .::.. :..... ::: :'..: '::: ..:..:. ~:. . . . .. :.. .: A. B. Letter of appreciation from citizen. Petition requesting consideration of appointment of Dick Pugh to City Council Ward I. M ~ 7. _RllIl!.1I (This allows public to introduce items for Council consideration not already scheduled on the agenda.) 8. 111111*:...11 9._ Page 1 - Council Agenda, October 10, 1994 ~ 10._ 11. 12. 13. 14. A. Acceptance of donated mower. B. Contract award: decommissioning of underground fuel storage tanks. C. Contract award: pickup for Water Division. D. Recommendation to place stop sign at Meadow Lane & Hermanson. E. Recommendation to place "No Parking" signs on west side of Alder Lane. F. Acceptance of public right-of-way in conjunction with Evergreen Road extension. Approval of merit salary increase (Communication Center Manager) G. - .. .. . . ~ ..,: ..... .' 'oV; .... ....: ....... . ........ '. ........:.... _S ',' .v' ................ ............ ..........,.. .. ...."........... - . ,'.. '. ... '. . . '$. -:: :.:, ,,';". :.:" . ...........................,;.0...... ....... ........... ...... ........................... A. Site Plan Review 94-19 - Automotive Service Center on Arney Rd. 15._ A. Status of Salud Medical Center building. B. Pool project update. C. Water update. D. Crime Prevention Month activities. E. Legal Synopsis: Comoass COrD. v. City of Lake Oswego. 16. 17. -- .. . " ... . ............:..:......~...:.......:....~.:.....~....~.... .......................................:...::............: 18._ Page 2 - Council Agenda, October 10, 1994 1.QA .lQa 1Q.C. .1QQ .1Qf .lQE 1m 14A 1M ~ .15C liQ. ill .1.5..E TAPE READING 0001 0012 0040 0058 0075 0115 0151 3A COUNCIL MEETING MINUTES September 26, 1994 DATE. COUNCIL CHAMBERS, CITY BALL, CITY OP WOODBURN, COUNTY OP MARION, STATE OP OREGON, SEPTEMBER 26, 1994. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. Administrator Childs requested that an additional staff report (Item 15(F)) be added to the agenda since it relates to recent water test results. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Kelley Figley Galvin Hagenauer Jennings Sifuentez Present Present Present Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief wright, Police Lt. Eubank, Public Works Manager Rohman, Library Director Sprauer, 9-1-1 Communications Manager Wolf, city Recorder Tennant MINUTES. JENNINGS/FIGLEy.... 12, 1994 and accept September 8, 1994. approve the Council minutes of September the Planning Commission minutes of The motion passed unanimously. ANNOUNCEMENTS. Mayor Kelley informed the public that the city of Gervais is holding their 2nd Annual Festival (parade, live entertainment, amusement rides, crafts, etc.) beginning Friday, September 30th, and concluding Sunday, October 2nd. The Wastewater Advisory Committee and city Council will hold a workshop on Tuesday, September 27th, to discuss rate philosophy. PROCLAMATION - CRIMI PRIVIN'l'ION MON'l'H. Mayor Kelley proclaimed the month of October 1994 as Crime Prevention Month. PUBLIC REARING - LIOUOR LICENSE REOUEST RE: PLAYA DE ORO RESTAURAN'l'. Mayor Kelley declared the public hearing open at 7:06 p.m.. Police Lt. Eubank reviewed the staff report on the liquor license application which was submitted by Salvadore ROdriguez. He stated that the original staff report submitted to the Council on August 22, 1994 included 20 special Page 1 - Council Meeting Minutes, September 26, 1994 - 3A COUNCIL MEETING MINUTES September 26, 1994 TAPE READING conditions, however, as suggested by Councilor Mitchell, staff is proposing another condition that would require the video cameras to be 100% operational and, if not, no alcohol can be served at the establishment until the cameras are fully operational. since this is a change of ownership application, incidents over the past 12 months such as illegal activities, disturbances, calls for service, and life threatening incidents are considered for the purpose of determining a recommendation of approval or denial of the license. Playa de Oro Restaurant, located at 553 N. Front st., has been under the ownership of Mr. Rodrigu.ez since April 1994. There have only been two calls for service since Mr. Rodriguez has taken over the business. Prior to that time, the restaurant had on- going problems relating to illegal drugs and various other negative activities which had occurred in and or around the premise. The Oregon Liquor Control commission (OLCC) had previously denied Mr. ROdriguez a temporary license based on the problems at the establishment in the past. Staff's recommendation is to deny the Class A liquor license change of ownership application, however, if the Council were to endorse the application, they requested that the 21 special conditions be attached to the license. 0559 Carol Bartlett, attorney representing Mr. Rodriguez, stated that the past history brought out in the staff report involve 2 different owners of the restaurant that have nothing to do with the current owner. They have recently met with Chief Wright and now have a better understanding of what problems the Police Department has had in the past at the establishment. She stated that Mr. Rodriguez is willing to accept the 21 conditions and she urged the Council to endorse the application with the conditions. OLCC has indicated that they may be willing to issue a temporary license until the formal Commission hearing is held in late November or December if the Council endorses the application with the 21 conditions. If the Commission endorses the license, the Council will have another opportunity in March 1995 to review the establishment's operation during the annual license renewal process. Salvadore Rodriguez, applicant, stated that he is aware of the prior history at the establishment, however, he would like to have the same opportunity to sell alcohol with meals similar to other businesses within the city. He plans to remodel the business and is trying to make it a cleaner and more enjoyable environment. He expressed his willingness to work with the city and to take whatever measures are necessary to secure a liquor license. Councilor Figley questioned if Mr. ROdriguez was willing to only sell alcohol with meals rather than having a lounge atmosphere. Attorney Bartlett stated that he is always willing to sell Page 2 - Council Meeting Minutes, september 26, 1994 - TAPE READING 1552 2747 3A COUNCXL KEETXNG KXNUTES September 26, 1994 food items and/or make hors d'oeuvres available for those consuming alcoholic beverages. She stated that Mr. ROdriquez is committed to making this a respectable establishment. Mayor Kelley suggested a 30 or 60 day trial period. Attorney Bartlett stated that it could be another condition with an outlined procedure to follow, however, the renewal period is next spring and the Council has an opportunity at that time to re-evaluate the license. Gib Ramage, 1030 Astor Way, submitted a petition signed by 17 individuals who are urging the Council to endorse the application. He read the petition which included information as to the owners efforts to clean-up the restaurant and make it a family style restaurant. Dave Downs, Hit Parade Music Co., stated that his business is located near Playa de Oro Restaurant. He expressed his opinion that business owners need to take advantage of all avenues that are available to them in order to make a viable living. In his opinion, the license endorsement would benefit both the owner and the City. Chief Wright expressed his opinion that the department's recommendation does carry a precedent. He still stands by the recommendation to deny the license based on past history, however, if it is endorsed, he recommended that the conditions be attached. The conditions were drafted by his staff without the input of Mr. ROdriquez. He briefly reviewed the different types of OLCC licenses and the Commission's rules relating to conditions. Attorney Bartlett reiterated that OLCC has indicated that they would reconsider the temporary license with conditions before it goes to the Commission for a formal hearing. She urged the Council to give Mr. ROdriquez a chance to improve the financial condition of his business and an opportunity to work towards a change in clientele who patronize the business. Fraul Rodriquez, 838 Meadowvale Lane, stated that he has a Business Degree and he his assisting his brother in trying to make this a viable business. He urged Council endorsement of the liquor license. In regards to the number of conditions proposed by staff, Chief Wright stated that this is the most stringent list recommended by staff due to the problems experienced in the past. Mayor Kelley closed the public hearing at 8:22 p.m.. Each of the Councilors expressed their views and concerns on this issue. In summary, they were willing to give the new owner an opportunity to have the Class A license but strongly encouraged the serving of alcohol only during meal hours. Tape 2 JENNINGS/SIFUENTEZ.... make an affirmative endorsement to OLCC with the additional 21 licensing conditions recommended by staff. On roll call vote, the motion passed unanimously. Page 3 - Council Meeting Minutes, September 26, 1994 TAPE READING 0049 ~ 0424 0449 3A COUNCIL MEETING MINUTES September 26, 1994 HABITAT FOR HUMANITY -REOUEST FOR WAIVER OF DEVELOPMENT FEES. Ismael Villastrigo, 418 Bradley, spoke on behalf of the local Habitat for Humanity organization and requested a reduction and/or waiver in development fees. He stated that the organization has built two homes in Woodburn in the past and is proposing a third home at 475 S. Front street. Volunteer time and donations help to keep the actual cost of the home at an affordable level to families who could not otherwise purchase a home. The new homeowner is responsible for all taxes on the property which is included in their monthly payment. In the past, the city had waived all but $1,800 in fees. The fees have now increased to approximately $6,000. JENNINGS/FIGLEY... maximum fees to be collected from Habitat for Humanity be $1800 for the house to be located at 475 S. Front Street. Public Works Director Tiwari stated that the remainder of the fees should be paid from other city funds. . JENNINGS/FIGLEy.... add to the motion that the remainder of the funds needed to pay for the fees be transferred from Public Works contingency funds. On roll call vote, the motion passed unanimously. COUNCIL BILL 1583 - ORDINANCE MODIFYING CONDITIONS OF APPROVAL CONTAINED IN ORDINANCE NO. 2095 AND APPROVING SITE PLAN FOR CAPITAL DEVELOPMENT. Council Bill 1583 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 1583 duly passed with the emergency clause. COUNCIL BILL 1584 - RESOLUTION ENTERING INTO A FOND EXCHANGE AGREEMENT WITH OREGON DEPT. OF TRANSPORTATION FOR COUNTRY CLUB ROAD REALIGNKENT PROJECT. Councilor Hagenauer introduced Council Bill 1584. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1584 duly passed. COUNCIL BILL 1585 - RESOLUTION ENTERING INTO AN AGREEMENT WITH THE STATE RE: TRAFFIC SAFETY GRANT FOR ENFORCEMENT OF TRAFFIC LAWS. Council Bill 1585 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1585 passed unanimously. Mayor Kelley declared the bill duly passed. . Page 4 - Council Meeting Minutes, September 26, 1994 .,. 3A COUNCXL MEETXNG MXNUTES september 26, 1994 TAPE READING 0475 COUNCXL BXLL 1586 - RESOLUTXON APPROVXNG PLACEMENT OP A STOP SXGN ON NORTH PXPTH STREET AT HXGHWAY 214. Councilor Hagenauer introduced Council Bill 1586. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1586 duly passed. 0512 ACCEPTANCE OF UTXLXTY EASEMENT - PAXRWAY PLAZA. XNC.. Staff recommended the acceptance of a 16' wide utility easement adjacent to the west property line of Fairway Plaza for the purpose of installing an 8" diameter water main. JENNINGS/FIGLEy.... easement from Fairway Plaza, Inc. be accepted. The motion passed unanimously. 0526 ACCEPTANCE OP UTILITY EASEMENT - COUNTRY CLUB RD/OREGON WAY REALIGNMENT PROJECT. Staff recommended the acceptance of an easement from Echo Leonetti which will provide for the relocation of street radius and traffic control devices. JENNINGS/FIGLEy.... easement from Echo Leonetti be accepted. The motion passed unanimously. 0539 WASTEWATER DISCHARGE LIMITS POR NORTH MARION PRUIT PROCESSING PACILITY. Public Works Director Tiwari stated that there is a potential buyer for the facility who is proposing a lower usage amount of wastewater discharge than the allowable amount shown on the last city permit. Staff recommended to reaffirm the allowance of wastewater discharge permit load limits without change in ownerShip considerations unless a change in operation or expansion were to take place. JENNINGS/FIGLEY... Council 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. The motion passed unanimously. 0571 CONNECTION OP SANXTARY SEWER SERVICE TO PROPERTY OUTSXDE OP THE CITY LIMITS. Councilor Jennings questioned why the property is not being annexed at this time. Director Tiwari stated that the properties involved (2560 & 2580 N. Boones Ferry Rd.) are adjacent to Tukwila Subdivision and there is concern that the septic system may be disrupted or altered from the development, therefore, creating a failure and a health hazard. If the connection is allowed, the property owner would pay the required connection fees and would be charged 1.5 times the established service rate. Councilor Jennings stated that he would not be voting on this issue due to a potential moral conflict since he has been Page 5 - Council Meeting Minutes, September 26, 1994 ~ 3A COUNCIL MEETING MINUTES September 26, 1994 TAPE READING lifetime friends with one of the property owners. Councilor Figley stated that she recognized the need for the connection but suggested that the owners sign a waiver that they would not remonstrate when an annexation issue is brought before them. Director Tiwari stated that a waiver has been used in other situations similar to this case. FIGLEy/HAGENAUER.... request for sanitary sewer connection at 2560 and 2580 N. Boones Ferry Rd. be granted with the conditions recommended by staff and the execution of waiver relating to annexation. On roll call vote, the vote was 4-0-1 with Councilor Jennings abstaining. 0870 SOUND AMPLIFICATION PERMIT REOUEST. . Another request for a sound amplification permit was submitted by Messengers of the Cross for the month of October 1994. Administrator Childs stated that this is the 3rd request for the permit and usage of the Library Park stage. The evangelistic group shares there message to interested individuals by playing music, passing out literature, and providing a social atmosphere. There have been no complaints filed with the Police Department as of this date. JENNINGS/FIGLEy.... grant permission to Messengers of the Cross for use of sound amplification equipment and the Library Park stage for the month of October 1994. The motion passed unanimously. 1012 TAX BASE PACT SHEET. Administrator Childs recommended the preparation of an impartial fact sheet on the City's tax base measure to be distributed to all city voters or households. He also recommended that two Councilors be designated to assist him in reviewing the format and content of the fact sheet. JENNINGS/FIGLEy.... authorize staff to develop an impartial fact sheet on the tax base issue as recommended. The motion passed unanimous1y. It was the consensus of the Council that Councilors not be designated to assist the Administrator with this project. 1043 Rosemary Hammack, 1225 Hardcastle, expressed her frustrations in the lack of city ordinances which would force owners of rental property to be responsible property owners who would evict tenants that are creating disturbances or problems in the neighborhood. She cited a specific case in which gang- related activities are taking place at a rental home located on Park Avenue which is owned by an individual in Alaska and drive-by shootings have occurred in the neighborhood as a result of the gang activity. She expressed concern over the safety of individuals, especially children; who live in the area. Page 6 - Council Meeting Minutes, September 26, 1994 TAPE READING 1313 1467 1481 2082 3A COUNCIL MEETING MINUTES September 26, 1994 Chief Wright stated that work has been progressing on a Nuisance House Ordinance which has only been in effect in larger cities for a short time. It is anticipated that an ordinance will be before the Council within the next two months for review. Rosemary Hammack urged the Council to vote favorably on the ordinance once it is before them. SITE PLAN ACTIONS. Expansion of Heritage Arms Apartments located on Young Street -- No action was taken by the Council on this issue. STAFP REPORTS. (A) Sewer Rate Philosophy -- Public Works Director Tiwari provided a brief overview of issues to be discussed at the workshop sc~eduled for Tuesday, September 27th. (B) Crime Prevention Month - October 1994 -- List of activities scheduled during October provided for Council information. (C) Leaf pick-up program -- This year's program to begin October 24th and end December 16th. (D) Wastewater Facilities Planning Report-- Council consensus to send written request to DEQ for an 8 month extension in SUbmitting the praft Final Wastewater Treatment Plant Facilities Plan. (E) Cascadia Project -- Information from Council of Governments regarding an informational presentation on October 4th, Salem Public Library, relating to the development of high speed rail between Vancouver BC and Eugene. (F) Water Test Results for Microbiological Contamination -- Public Works Manager Rohman stated that recent water sampling on Wilson Street resulted in a positive test sample and subsequent testing from connections from both upstream and downstream had also tested positive. Since the testing is done from outdoor hose connection points, sterilization is more difficult and it is believed that this the reason for the positive tests. By law, the City is required to notify the pUblic of the test results through pUblication of a notice in the local newspaper and by mail to the water customers. The City is working with the state Health Department on this issue. Water lines in the area have been flushed and additional samples have been taken with results to be received mid-week. It was noted that all samples taken did not contain any fecal coliform or E. Coli bacteria. Councilor Hagenauer stated that the barriers in front of the Salud building are down and garbage is COllecting in front of the building. Director Goeckritz stated that he will contact Salud's Director to have the area cleaned up and the barriers replaced. Page 7 - Council Meeting Minutes, September 26, 1994 TAPE READING 2219 2337 2370 ATTEST 3A COUNCIL MEETING KINUTES September 26, 1994 Councilor Figley questioned the status of the Pool bids and Centennial Park. Director Holly stated that the Marines did preliminary ground work around mid-September and they are scheduled to return October 14-16 to continue with infrastructure work. Some drainage tile was installed in September by an anonymous donor. In regards to the new swimming pool, it is anticipated that bids will be opened on October 27th. Mayor Kelley stated that the street light on the 800 block of Oregon Way has a tree limb blocking the light and he requested that the staff remove the tree limb in order to keep the area illuminated. Another tree limb needs to be removed in the 700 block of Hardcastle that has been hanging for quite a period of time. He also stated that residents are complaining about a vacant house in the 700 block of Hardcastle that is a public nuisance and he requested staff to take necessary action to have the building removed. Public Works Director Tiwari stated that his staff will take care of the removal of tree limbs. In regards to the vacant house, staff will proceed with the process to declare the house a dangerous building. EXECUTIVE SESSION. JENNINGS/FIGLEy.... adjourn to executive session under the authority of ORS 192.660(1) (d) for the purpose of conducting deliberations with persons designated by the governing body to carryon labor negotiations. The motion passed unanimously. The Council adjourned to executive session at 9:40 p.m. and reconvened at 10:14 p.m.. Mayor Kelley stated that no decisions would be made by the Council on issues discussed in executive session. ADJOURNKE:NT. JENNINGS/FIGLEy..... meeting be adjourned. The motion passed unanimously. The Council meeting adjourned at 10:15 p.m.. APPROVED LEN KELLEY, MAYOR Mary Tennant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, September 26, 1994 - 3A Executive Session COUNCIL MEETING MINUTES September 26, 1994 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 26, 1994. CONVENED. The Council met in executive session at 9:42 p.m. with Mayor Kelley presiding. The session was held under the authority of ORS 192.660 (1 Hd). ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Kelley Figley Galvin Hagenauer Jennings Sifuentez Present Present Present Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, City Recorder Tennant Labor Consultant: Don Scott Don Scott provided the Council with a status report on the labor issues involving American. Federation of State, County, & Municipal Employees (AFSCME) and the Woodburn Police Association. ADJOURNMENT. The executive session adjourned at 10: 12 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, September 26, 1994 - 38 MINUTES WOODBURN PLANNING COMMISSION SEPTEMBER 22, 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. Pugh Mr. Atkinson Present Present Absent Absent Present Absent Present Absent Staff Present: Steve Goeckritz, Community Development Director Teresa Engeldinger, City Planner 2) MINUTES: The Woodburn Planning Commission minutes of September 8, 1994 were accepted as written. 3) BUSINESS FROM THE AUDIENCE: None 4) PUBLIC HEARINGS: A. Site Plan Review 94-19 The Arney Road Auto Care Center Staff read the statement necessary to open the public hearing. Staff stated that the applicant wished to build a 18,000 sq. ft. automotive service center. Staff read the Approval Criteria, the Raise it or Waive it Rule, the Right to Have the Record Remain Open and the Right to a Continuance of a Hearing. The zoning of the area is Interchange District and a service station (gas, oil, lubricating, minor repair, general repair) is a outright permitted use. Staff further stated that the automotive service center is similar to a service station and the activities that take place although no gas will be sold. Although an automotive service center is not identified as a specific land use in this Zoning District, the proposed use will meet the intent and purpose of the zone. PCM09-22.94 SG:bw 1 - 38 Staff pointed out on the map where the property was located. The applicant has submitted all the necessary information for staff to support a recommendation for approval with certain conditions listed in the staff report. Staff read a correction into the record. "If the Planning Commission does approve this application, one recommendation of approval on page 10, condition K, number 1, states that the applicant sign a nonremonstrative consent form to pay the fair share of cost of Arney Road improvements." Staff recommends that this statement be omitted. They will still be required to pay their fair share cost of signalization of Arney Road where it interconnects with Hwy 219 plus road frontage improvements. Commissioner Pugh asked if the conditions regarding any change to Arney Road were a commitment to the future improvements of Arney Rd. or only that if that should occur that this would be a commitment. Staff answered that if the improvements are realized, they will help pay for the cost of the improvements. Eldon Edwards, Architect, Wilsonville, stated that the property was located at the interchange area. He stated that the building would be approximately 18,000 sq. ft. He stated that they will have a reciprocal agreement with the RV Park for access to Highway 219 and the park to the north. He did have concern about placement of a the 12" water and 10" sewer main the full length of the property. He stated that they would like to flag this as something to discuss in the future. Staff stated that this could be discussed between the Public Works staff and the developer. Chairperson Warzynski asked if there was anyone in the audience who wished to speak for this proposal. There were none. She then asked if there was anyone who wished to speak against this project. There were none. She then closed the public hearing. Commissioner Pugh made the motion to approve this application based on the standards, findings and conclusions as provided by staff. Commissioner Bjelland seconded the motion. A vote was taken and the motion passed. PCM09-22.94 SG:bw 2 38 5) DISCUSSION: Site Plan Review 94-05 Patrick Industries A request for amendment to a Planning Commission condition of approval. Staff stated that the Commission established a condition when Fleetwood and Patrick brought a proposal before the Commission. The condition was that a cul-de-sac on the Fleetwood property be improved and an access point from that cul-de-sac to Patrick Industries property be improved for the development of this site. Patrick Industries has some concerns on being able to meet the condition because Fleetwood is not proceeding simultaneously with their construction along with Patrick Industries. It was conveyed by staff to Patrick Industries that staff does not have the authority to amend a condition, the Planning Commission is the only authority to do that. Staff reminded the Commission that Patrick Industries was required to secure a access point from Highway 99E and from National Way. The two basic reasons were to allow for an alternative route for emergency access and allow employee traffic an alternative route along with industrial truck traffic. At the original hearing neither Patrick Industries or Fleetwood objected to this condition. In fact, Fleetwood and Patrick Industries site plans showed that Fleetwood was going to sell to Patrick Industries that property that adjoins National Way. Mr. Darwin Doss said Patrick Industries is ready to go ahead with construction. But because the property is not under their control, the extension of National Way, the cul-de-sac and the emergency exit from their property they cannot proceed with that condition. He stated that they were asking for a continuance of the condition which requires the road extension and cul-de-sac for three years. Negotiations are still continuing between Fleetwood and Patrick Industries on the property south of the site. Chairperson Warzynski asked if the emergency exit through Familian is already in place. Familian has agreed to let Patrick Industries have access through their property as a emergency exit. Mr. Doss stated that yes it was agreed with Familian only if this emergency exit was required. He stated that in the past 5 months Patrick Industries has negotiated with ODOr to construct a cul-de-sac as a dedicated public access onto the Patrick Industries property off 99E and will provide future access to future development further north. PCM09-22.94 SG:bw 3 - 38 Commissioner Pugh stated that he was concerned that Fleetwood was not here at the meeting. Mr. Doss stated that it was their understanding they were on different construction time schedules. Fleetwood did not wish to complete their project then have it sit empty until needed. Staff discussed the purpose of extending National Way, and the cul-de-sac. Staff stated that if the Commission wishes to approve the request, in regards to temporary access, staff has no problem with that but would be concerned with setting a precedent if a three to five year extension was approved. Staff recommended that it be for one year with the possibility of an extension beyond that time frame. Commissioner Pugh suggested that the applicant bring back a letter from Fleetwood and Familian Sierra Craft stating their intentions before the building permit is issued. Commissioner Kosikowski made the motion to approve the proposal with the conditions that there is a one year time frame and if necessary come back and ask for an extension. In addition, a letter from Fleetwood and Familian that addresses the issue of the temporary access through Familian and Fleetwood and their intentions about building. Commissioner Pugh seconded the motion. A vote was taken and the motion passed. 6) REPORT: A. Partition #94-07 Staff stated that the applicant asked for administrative approval of a partition. The property is located at 845 Lincoln Street. Staff gave approval and wished acknowledgement from the Commission. B. Zoning Ordinance Amendments Chapters 8 & 9 Staff stated that the changes are represented by a dash-line for things that staff wished deleted, the additions are in italics, and staff comments have been added to the end of the chapter. PCM09-22.94 SG:bw 4 38 C. Wastewater Treatment Advisory Update Frank Tiwari, Public Works Director, gave the Commission an update on the progress of the Wastewater Advisory Committee. 7) BUSINESS FROM THE COMMISSION: There was a brief discussion among the Commission and Mr. Tiwari regarding Woodburn water. 8) ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. PCM09-22.94 SG:bw 5 - 4A September 26, 1994 To: city councilors, Wards 2, 3, 4, 5, and 6. From: Mayor Len Kelley Subject: Appointment to city council Seat, Ward 1; pursuant to city Charter, Chapter VII, and City Ordinance Number 1971 section 3 A. (2) . It is with pleasure I submit this appointment for Councilman of Ward 1: Mr. Fred Kasachev, who was born in Woodburn, Oregon twenty nine years ago. He is a homeowner and resides at 189 willow street, Woodburn since 1987. He is self employed in wood products trucking since 1987. Fred was a farmer prior to 1987. Fred has two children, a daughter who is 10 years old and a son, six years of age. This notice is intended to give the City Council time to react to this appointment. Len Kelley, Mayor &:1ty ~~rator City Recorder city Attorney ~ MEMO TO: FROM: SUBJ. : DATE: Mayor and City Council Chris Childs, City Administrator F.Y.1. - Correspondence from Mrs. Woodrow Wells October 4, 1994 6A The following hand-written letter was received by the city last week: . ~ z,z- 9f/ ~~ &/W~: .,?, -9 ~~ ~~ . --J' --- d. -- .' ~ ~~ ~ ....<.- / ~<<... ~ ,- .F (/ '. ~~. r"~~ >;1?~'" ~~ _C0(2. ~ ~ / ~/. ~ <, r~'~ ~~ /L-.a..a~~~./ r _ I' t:::J _< ~ _ .r~L-€-4..L;;' -~ c; J -<-.- - ~-&~A" I~.'" ~,;:~ ~ h-/~.:z/~ 7~ fi:t; ,d d-] ; 7'tf.. ~ r". . 0- A-4--'<<- ~ ~ 7- ~ .~~ ~ ~ ~h4,.d ~ ~ -1- 4~~ /~ ~ <JL~~ -?--"~:I' a ~ ~ "'C-.~..- ~j/' g .L.;/....r- ~ ~~ VC//~~ /. --,(/(/--' .k--I ~ L~.G / d,..~..: 4 k. ~ .tL /.~ ~.. ;1- -+-t/./J j - _ e..,<-:f V J1-/~ .....!J ~ '-'~./ /- - - _.- ~-/~~~ ~ ~ &J-<-/ ~~ ~~ {/. tf' , .. / /' .' . ~ /. /_ _ _ _.J.-/-~' -~ _~ Y'r~ ,r//} ., I /~&f) ~ Administrator's Note: The helpful city employee has been identified as Water Department Technician Floyd Barth. I commend Mr. Barth for his diligence, which is typical of the public spirit encouraged of all Woodburn employees. While people are quick to point out any negatives, the extra effort of people such as Mrs. Wells to take the time to write a positive comment is admirable and certainly appreciated. - t- MEMORANDUM * REC'O * OCT 0 3 1994 68 WOODBURN CITY ATTORNEY October 2, 1994 To: Len Kelley, Mayor, City of Woodburn From: Tom Waggoner, Chairperson - Committee to petition Dick Pugh for City Council, Ward 1 to fill Bill Mitchell's term. Subject: Submittal of petition ------------------------------------------------------------------- I am pleased to present the enclosed petition requesting your consideration for nominating Dick Pugh to fill the vacancy left by Bill Mitchell. There are 377 signatures of adult citizens from this Ward on this petition. A little background regarding this petition. I am the chairperson selected by a group of individuals within Ward 1 to form and carry out a "grass roots" effort to help select a candidate who will represent the constituency within this Ward. The result has been an enthusiastic support for Dick Pugh. ~121J;;=Uld Copies to: )City Administrator V City Attorney City Council- Richard Jennings, Donald Hagenauer Joseph Galvin Kathryn Figley Elida Sifuentez be appreciated. President Woodburn City Council - " Jate: September 21, 1994 4 - 68 j t ro: Mayor Kelley, Dick Jennings, Pres. Woodburn City Council and members of the Woodburn City Council. ?rom: Citizens in Ward 1 interested in petitioning Dick Pugh for nomination to the Woodburn City Council. ~etition: We the undersigned, being concerned citizens of this Ward, recommend to the Mayor that Dick Pugh be nominated to fill the unexpired term of Councilman Bill Mitchell. Highlights of this individual's background is presented below for your consideration to this position. Dick was born in Colorado Springs, Colorado in 1929. He attended Colorado schools and colleges and earned an Accounting degree in 1951. He ~ his wife, Barbara, have been married 45 years: they have 2 daughters, Sally SlI.i th of CIa tskanie, OR, Carol McCoy of Sydney, Australia, & a son, Andy (deceased). They have 6 grandchildren. Mr. Pugh has had an interesting career; he worked in several cities throughout the U.S., England & the European continent. His 35 years of experience included 20 years as Vice President of several large manu- facturing firll.s in IIhigh tech", lIaerospacell, and welding technology. In 1989, he embarked upon a second career and became partners with his wife in real estate, licensed as Brokers in both California & Oregon. They lI.oved to Woodburn in 1991. Dick is a licensed pilot, owned an airplane for many years and enjoyed flying throughout the western U.S. & Canada. He has been a teacher and enjoys amateur photography as a hobby. Dick has served on the Woodburn Planning COlpJDission since 1992, filling a vacancy to expire this December. He believes in community involvement and is dedicated to the planned growth of this community. Name Address --------------------------------------------------------------------------------- Date ~~u u.-;/ ) b ~C "?r\ r-'Y( #-e- ./.30 ( r (/ . 68, Name Address Date C'. ~r, 36 ~ 3D 3 () -;7 q-~If~~ ,I l I " ;)<;,~",,---- (I__~-:/ .. _~'2J____ ~-'5d -'7f , . 025 / Date: September 21, 1994 To: Mayor Kelley, Dick Jennings, Pres. Woodburn City Council and members of the Woodburn City Council. From: Citizens in Ward 1 interested in petitioning Dick Pugh for nomination to the Woodburn City Council. Petition: We the undersigned, being concerned citizens of this Ward, recommend to the Mayor that Dick Pugh be noainated to fill the unexpired term of Councilman Bill Mitchell. Highlights of this individual's background is presented below for your consideration to this position. Dick was born in Colorado Springs, Colorado in 1929. He attended Colorado schools and colleges and earned an Accounting degree in 1951. He and his wife, Barbara, have been married 45 years: they have 2 daughters, Sally Smith of Clatskanie, OR, Carol McCoy of Sydney, Australia, & a son, Andy (deceased). They have 6 grandchildren. Mr. Pugh has had an interesting career; he worked in several cities throughout the U.S., England & the European continent. His 35 years of experience included 20 years as Vice President of several large manu- facturing firms in "high tech", "aerospace", and welding technology. In 1989, he eabarked upon a second career and became partners with his wife in real estate, licensed as Brokers in both California & Oregon. They moved to Woodburn in 1991. Dick is a licensed pilot, owned an airplane for many years and enjoyed flying throughout the western U.S. & Canada. He has been a teacher and enjoys amateur photography as a hobby. -w---------------------------------------~--------------------------------------- Dick has served on the Woodburn Planning Commission since 1992, filling a vacancy to expire this Deceaber. He believes in community involvement and is dedicated to the planned growth of this community. Halle Address Date . Wt'cd bv/'v tA/; I/o tV 0 I!. W" / Itp v.J weod b ,N' Jt./ e(t,?Tt~ 3 :3/ () (-/1~~.<) ? PIC C:~.4- ~I('~, ) 1/;1..1/1; q 7z7 c; J>- ;J f.- t l/ I 7' - ,").f /)(} G 0<-7-1 q;.J I I 9-3o'-C( ~ 68 Halle Address Date 9-so 9 r-~o-~ 9 - 52). fie; q -~O -9(.{ '\ - ~ 0 - L{. C_n~ S ~ C". '\ C~ ~~ \ P\:: \).)\~ ~L '\)..~ W.\.. \<J..0 ~ '7 2. t....J \--1/ I t, t. 6 \/:/ A Y [' - dO- '\ - 0\ - q l C)[o\.lCL*- J()(& { ;19- y , " 3f 68 ---- Date: September 21, 1994 To: Mayor Kelley, Dick Jennings, Pres. Woodburn City Council and members of the Woodburn City Council. From: cit!zens in Ward 1 inte~ested In petitioning Dick:Pugh for nominatiQn to the Woodburn City Council. Petition; We the undersigned, being concerned citizens of this Ward, recommend to the Mayor that Dick Pugh be nomin~ed to fill ~he unexpired term OI CQuncilman Bill Mitcnell. Highlights of this individual's background is presented below for your consideration to this position. Dick was born in Colorado Springs, CoJ.orado in 1929. He attended Colorado schools and colleges and earned an Accounting degree in 1951. He aqd his wife, Barbara, have been married 45 ~ears: they have 2 daughters, Sally Smith of Clatskanie, OR, Carol McCoy of Sydney, Australia, & a son, Andy (deceased). They have 6 grandchildren. Mr. Pugh has had an interesting career; he wdrked in several cities throughout the U.S., England & the European continent. His 35 years Qf experience included 20 years as Vice President of several large man~- facturing firms in "high t-eeh", "aerospace", and ",elding technoloify. In 1989, he embarked upon a second career and became partners with his wife in real estate, licensed as Brokers in both California & Oregon. They mQved to Woodburn in 1991. Dick.is a licensed pilot, owned an airplane f~r ~any years and enjoted flying throughout the western U.S. & Canada. Qe has been ~ teache~ and enjoys amateu~ photography as a hobby. . 1 '. ! Dick has served on the Woodburn Planning Commi$sion since 1992, filling '.1 vacancy. to expire this December. He belie~s in qommunity involvemen~ end is dedicated to the planned gro~h of this community. _______________~---~---------------------------------~_____~-------J------------ ame Address D80:te tJR 7-2..~ -,5 '/ , 1 7- Z7'-7}' '( OA- r- d. 1- q ~ I I I o - Z CJ J]<( It t \ C?_i('. e'L( / L I ~ I coO' ul t- l..-c.-"'Jj4/ ~.v I &.LA :v 7/4 (I[;.il/J-v.I /}y ) ,. ~~ 7rtf f1U~<n,rtL...., 4-ler1- 'fl: /1#'-"/ l!?-> (i~{~'-tX.L- 4v/ /;/ UdrL ;::f. ~I 7 r, ~(,.,<- Cle-q/,- /\ V , ~" 6B, Name Address Date 7'--<9'-9~ Q-(l.9 - 1 -2r"-7~ -9 -;;1 -0; 9 (" (' tJ~ . / "'/1 , , - ..... I lJ ell Ii ~ 1-i 0 J')Il rt 1t/-ll'h1 ' ( , ( ,r1~./ J1( ~ JJ?3 /J/~I/~ u/~~ ~~~:7 2H~ 7>>~)uu~V u:/~ ?--, _ r 31_( /1 CA./.Jc<=. 4/, LJoo "''-1 ~t:t: ff!?~ I:;; ~~~ $~~: Cj~ O~ 3:011 ~I,j- ~ Q-2<'l-1L 7f;~i ~/Q'1.AJif ,?7.-:--~:V /b""i1J/~~ Cj-:ff.-tJ-<?4 , _ /.11 J J I I / I P -:) 9- 1 . / /' e;;:---- ((' ~ .,r, d4//f At/>-/6G/S ~--;;1;:>/- -.,4' ~.".--~x.. v".<- .J .".' ,....-=.."": _~ , .../ 'X,' . /7 L . 1 /. :,/- 44-~"""/ .1 . /)p~ 3.&t> ~/ J' )'rJ"~;, At~/~.h' T , J 9- ?-9 -- 9"/'" ) . 9 - a-CJ- 9~' , > i/.i1 F1t!.,A/4!.14:-;/ ;- .7 - i -r 74' /' 68 0-'" - Dat~: september 21, 1994 To: "ayor KelleY, 'Dick Je:hnings, Pres. WoodbUrtl City council and Dlembe+s of ~he ~oodbu~n city COUA~il~ From: Citizens in ward 1 1nterest.d i~ petitioning ~ic~ P-u~ foe nomina~iGn to the Woodburn c~ty Counail. " " P~ti~iop: We ~be under~ignedt being ~oncerned eitizens Of tbis Ward, recQ..enq "to the Mayor that Dick Pugh be nominated to fill Ule unexpired term of Coun~il~n Bill Mitchell. Highlig~ts of t~{s indivi~s backwround is p~sented be~ow for yopr consider.t~9n to this pogi~ion. Dick ~cls Qorn in Colorado SpJ:ingsi Colorado in 1929.. He attendesi .colorado schools and cpl~~g&S an~ earneq an Aocountj.:pg d~gree in '1951. He and his wife, aarba~a, have been ~arried 45 years: they have 2 daughters', SailY Smith of Clatskanie, .pR, earol M~Coy of Sydney.l Australia,: & a son, Andy' (deceased). They liav~"6 ~andchildren. ' Mr. Pugh has had ~n int~res~in9 c~reef; h~ ~r~d in ~evera~ cities ~hroughout t~~ UfS., England & the Europe~n QOht1ne~. H1S 35 years of experience ~nclUded 20 years as Yice Pres~dent of several large manu- 'facturin~' firm.s in "high tech", "aerospace", an,d weldin~ te~~ology. In 198.g, he embarked upon a second -caI;t!er and bec9fe 'pf'-rtpers :W;ith his wife in rea~"estate, licensed as Brokers in both California & Oregon~ -They moved to WOodburn in 1991. Dic~ is a lioells"ed pilot, o'me~ .an airplaBe ior' mallY years and -anj oyed flyiftg throughout ~he western U.S. & Canada. H~ ~~ been a teacher and ~njoysamateu~ phbtbgrapht as a hobby~ Dick llas'$Q.ryed Qn ~he Wooliburn BlanDing Cammiss~on since "1992, 'tIling a vacancy to exp.1re thi~ De~ember. He' ,believes in cOlllllluni ty involvement and is dedicated to tile planned gfi>>wth Qf this co_unity. ," ----~-------~----------~----~~-------~---~------------~------------~~-----~---- Hame Addre~s Qat-e - . IJ. ~- u tr (I' . . ~lr~-o{~, !JJ.L-" I 68 Address Date .1036 /4Lf$ll ~ t 9-2 - cr / :14-1/1.Lf -C '? ' I b,/J1dA .s;;:; t.~o~~'r"1\I' ,if;zj::~-};;z~ ~~3~~~ /H-- 4- J" - <1'1 . q /30 ! '1 . 7~ft~ - . 68 \ <::) - \ . ~'-\ .J1 )."1.' · ~ - .1 .....,.... /O~/ -q~ .l -.- ~ 10 -- 68 Date: September 21, 1994 To: Mayor Kelley, Dick Jennings, Pres. Woodburn City Council and members of the Woodburn City Council. From: Citizens in Ward 1 interested in petitioning Dick Pugh for nomination to the Woodburn City Council. Petition: We the undersigned, being concerned citizens of this Ward, recommend to the Mayor that Dick Pugh be nominated to fill the unexpired term of Councilman Bill Mitchell. Highlights of this individual's background is presented below for your consideration to this position. Dick was born in Colorado Springs, Colorado in 1929. He attended Colorado schools and colleges and earned an Accounting degree in 1951. He and his wife, Barbara, have been married 45 years: they have 2 daughters, Sally Smith of Clatskanie, OR, Carol McCoy of Sydney, Australia, & a son, Andy (deceased). They have 6 grandchildren. Mr. Pugh has had an interesting career; he worked in several cities throughout the O.S., England & the European continent. His 35 years of experience included 20 years as Vice President of several large manu- facturing firms in "high tech", "aerospace", and welding technology. In 1989, he embarked upon a second career and became partners with his wife in real estate, licensed as Brokers in both California & Oregon. They moved to Woodburn in 1991. Dick is a licensed pilot, owned an airplane for many years and enjoyed flying throughout the western O.S. & Canada. He has been a teacher and enjoys amateur photography as a hobby. Dick has served on the Woodburn Planning COBllBission since 1992, filling a vacancy to expire this December. He believes in community involvement and is dedicated to the planned growth of this community. Mame Address Date ~=~ M // . - Q 7// tdc~" jo . :2 -!. ,. ... ,~ I "-"'__,' V I J//;'-1 /.-./.... 9- ~ -- /'tf' ~-, -- i.I / - =-,C;- I . 68. Name Address Date -dA~ ~ ~I. -;'#.!UtI ,$? ttj-. (. '- J-s>?~tl~~/ , , :3 J :J 1 /ZL/h- ~{--' ,d'-/ 1(1 - 68 Date: September 21, 1994 To: Mayor Kelley, Dick Jennings, Pres. Woodburn City Council and members of the Woodburn City Council. From: Citizens in Ward 1 interested in petitioning Dick Pugh for nomination to the Woodburn City Council. Petition: We the undersigned, being concerned citizens of this Ward, recommend to the Mayor that Dick Pugh be nominated to fill the unexpired term of Councilman Bill Mitchell. Highlights of this individual's background is presented below for your consideration to this position. Dick was born in Colorado Springs, Colorado in 1929. He attended Colorado schools and colleges and earned an Accounting degree in 1951. He and his wife, Barbara, have been married 45 years: they have 2 daughters, Sally Smi th of Clatskanie, OR, Carol McCoy of Sydney, Australia, & a son, Andy (deceased). They have 6 grandchildren. Mr. Pugh has had an interesting career; he worked in several cities throughout the U.S., England & the European continent. His 35 years of experience included 20 years as Vice President of several large manu- facturing firms in "high tech", "aerospace", and welding technology. In 1989, he embarked upon a second career and became partners with his wife in real estate, licensed as Brokers in both California & Oregon. They moved to Woodburn in 1991. Dick is a licensed pilot, owned an airplane for many years and enjoyed flying throughout the western U.S. & Canada. He has been a teacher and enjoys amateur photography as a hobby. Dick has served on the Woodburn Planning Commission since 1992, filling a vacancy to expire this December. He believes in community involvement and is dedicated to the planned growth of this community. --------------------------------------------------------------------------------- Name Address Date 1) (,/(A/ Lltb./LAd{ Il~ p;at&l~ ~rr:1e.fl ~~ L(, S'<l ~.a/?l I '1 fV ( ffil )/~ P <<p / ~/ 7 D ~ / ;../ "C.&7"#'/ ~ 1?/1 CJ 1/5."11 tt~CJ/ f/ I' D /r II V / " " ,. I. " , " I, 1/ / / $ 3# /J -& It \1'\~Q. "0~'\~ \ .7 1(, -<- t.( ( I Name Address !/3~/l7' , ~i5~ ///j'~ ~ #,,_p.-5- ~,~- ,,/~~yC' f!?-AL--~..h- --' /242 ~ ~ 16r() ~~f(Jt ~~-~ . 1;q/~ /~3~ r:~~(td. ~/ " ,eJ o?/lI9t/ /A U~AA ~ 68 Date ~ t' I 7"'tS> ~ 71 "7 -/eT - ~ '1 'f ~ ~j"S6" -9 -f~ "'""7'- ", /, ./ , 68 . Name Address Date /tJ -/- f?c/ /t?-/ - ;0.-/-- 9(L" /d- / ~ //J - /- ~ // / <it I ~#.~.2~ !tJ-t-1'f (... h. L l /t> - t -' J6...) --1 - - 68 Date: September 21, 1994 To: Mayor Kelley, Dick Jennings, Pres. Woodburn City Council and members of the Woodburn City Council. From: Citizens in Ward 1 interested in petitioning Dick Pugh for nomination to the Woodburn City Council. Petition: We the undersigned, being concerned citizens of this Ward, recommend to the Mayor that Dick Pugh be nominated to fill the unexpired term of Councilman Bill Mitchell. Highlights of this individual's background is presented below for your consideration to this position. Dick was born in Colorado Springs, Colorado in 1929. He attended Colorado schools and colleges and earned an Accounting degree in 1951. He and his wife, Barbara, have been married 45 years: they have 2 daughters, Sally Smith of Clatskanie, OR, Carol McCoy of Sydney, Australia, & a son, Andy (deceased). They have 6 grandchildren. Mr. Pugh has had an interesting career; he worked in several cities throughout the U.S., England & the European continent. His 35 years of experience included 20 years as Vice President of several large manu- facturing firms in "high tech", "aerospace", and welding technology. In 1989, he embarked upon a second career and became partners with his wife in real estate, licensed as Brokers in both California & Oregon. They moved to Woodburn in 1991. Dick is a licensed pilot, owned an airplane for many years and enjoyed flying throughout the western U.S. & Canada. He has been a teacher and enjoys amateur photography as a hobby. --------------------------------------------------------------------------------- Dick has served on the Woodburn Planning Commission since 1992, filling a vacancy to expire this Decellber. He believes in cOllDlunity involvement and is dedicated to the planned growth of this community. Name Address Date .3 ~if Nef<iq -51.. J 3' :f 7k;k,v~cfzi:z;vr _ LA) /~ .3 r?1 /: /!-,-Jr y/t; /?JI(J !( . .., i /.5,:>'2 ' c:;;/ / C" 7/3(; ";t- " r. ".'C, ;",J ~G-t.:l\ ; -;; . r::-..~;:' .I.-:?- ..-' () "::::i~. S~ 68 Name Address Date ) /c'-/~7Y / (LJ ) 1,-/ Date: September 21, 1994 To: 68 Mayor Kelley, Dick Jennings, Pres. Woodburn City Council and members of the Woodburn City Council. From: Citizens in Ward 1 interested in petitioning Dick Pugh for nomination to the Woodburn City Council. Petition: We the undersigned, being concerned citizens of this Ward, recommend to the Mayor that Dick Pugh be nominated to fill the unexpired term of Councilman Bill Mitchell. Highlights of this individual's background is presented below for your consideration to this position. Dick was born in Colorado Springs, Colorado in 1929. He attended Colorado schools and colleges and earned an Accounting degree in 1951. He and his wife, Barbara, have been married 45 years: they have 2 daughters, Sally Smith of Clatskanie, OR, Carol McCoy of Sydney, Australia, & a son, Andy (deceased). They have 6 grandchildren. Mr. Pugh has had an interesting career; he worked in several cities throughout the U.S., England & the European continent. His 35 years of experience included 20 years as Vice President of several large manu- facturing firms in "high tech", "aerospace", and welding technology. In 1989, he embarked upon a second career and became partners with his wife in real estate, licensed as Brokers in both California & Oregon. They moved to Woodburn in 1991. Dick is a licensed pilot, owned an airplane for many years and enjoyed flying throughout the western U.S. & Canada. He has been a teacher and enjoys amateur photography as a hobby. Dick has served on the Woodburn Planning Commission since 1992, filling a vacancy to expire this December. He believes in community involvement and is dedicated to the planned growth of this community. Name --------------------------------------------------------------------------------- Date Address III IJ1U.r{L UJ ~ A.-<Y7/"> /)"Y"J-/ 3d X&~ a~~-.~ ~~ (j !..J /407 ILj:1--? /.i/-~S I tfbF 1;ri 14- s-c; / (.~ 4- j ) I c; I~/~ j (j~ I 9ilo-7/ 9~~- - fh-N- 9 ., ]D - ~ ? - 3 ,) / y- L? '5 ~ (j7tj.. ~-30~7<l Q~ I ( ( ( J I t.; 68 Name Address Date /Iu/b t~ u /~- rf"" (!) U , n Y\ /l cI ~b, .7 ,;f- 7". .go. 94 ./ .~ 12 . .&/J&zy:;--..-<- - ~;'%q,1IY)~ ':..Q. ~ - 7 ~ -- r q) i 6 (, /' t17nd -e r.b - r / I p13v //h cW),C-e;f:: h,71r / :7 '1'1.J ,. / ~ -I / j V th1. :-t..A -t..-/[ / '7'- 30- ~ 1- - 17 0U 1)n--.~Lfj;,~--<<)( .~~<-- I" till I<~? fVI'"ll} /GI^ K~ IJ~ 1- 50-17 --C/.- f (' C{-':1 0 - e;"V 10-' -~t /t"';; - I - 7'~;/ - {\.J ~ () 68 Date: Se~tember 2l, 1994 1'0: Mayor Kelley, ~k Jennings, prf"iP Woodburn City Couhc.41 ~d membef's of the Woadburn City CounQtl. From: Citizens in Ward 1 intere~ed in peti~oning Dick Pugh for no~ination to the Woodburn City Council. Petition: We t~ unAersigned, ~ing co~cerned citizens of this Ward, recommend to the Mayor that Dick Pu~ be nomin~ed to fill the unexpired term of Council~~ Bill Mitchell. Highlights~f this individual's background is presented ~elow for your consideration to this ppsition. Dick was ~n,r in Col.erado ~r1ngs, Colorado in 1929. He attended Colorado sch~is and colleges and earned an Accoqpting degree in 1951. ~e and h~ wife, Barbara, have been marri~d 4~years: th~y ha~e 2 daughteqil, Sallf Smith l!JI Clatllkanie, OR, Carol M~Coy of Sydney, Austraaia, & a ~n, Andy (deceased). They have 6 grandch~dren. Mr. ~ugh has ha\ an iD~r~ting career; he wor~ed in sever.l cities throughout the U.S., Englaqj & the European continent. His 35 ye.ls of experience inc~ed 20 years as Vice Pre~ident of several large .anu- facturing fir'" in "hi. tech", "aerospace", and welding technology. In 1989, qe embarked upon a second QIilreer and became partn~rs with his _ife in real estate, 1icensep as Brok~rs in both California & Oregon. They moved to Woodburn in 1991. Dick is a licensed tfllot, ownect an airplane for many years and .enjoyed flying throughout the wistern UI'S. & Canada. tie has been . teach~r and enj~s ampte~ photography as a hobby. Dick has served on the Woodburn 'lanning Commission since 1992.0, filling a vacancy to expire thi$ DecEiDber. He believes i.n coluaunity involvement ~Ind is dedicated to the plsnns~ growth o~ this community. --~-----~---------------~~~-------------------------------------~--------~-- Ham _, Address DS1!e ;;) 7:/Z~7<;L - ~ C (- . /7~1J Name Address M ?~~~;d- 9f~rry f-;i,1-9<f 7-2-9-9'y ~ -:J-'1 -9</ - :J er -91 9- ;l~-99- 9 - ;7.1 -<?f/ Q-.?9- q<-/ ~/~ /J?/~~.('./~.../ -r~- ~:;:~~~ #~ ;z::-'~ /r'lc) V~~~~ ,~4~ IH7 lVo:;;: ~~ "1ak~:~ . ,,~\< / ~3 '( bJ :: aAl1: rt:-/~~,..,. . .3'1-f.>~ (1...) 2l. ~ PJ:t~-:t; 1~:?"). 't. (() ~,., J-".-Jf' ]), 3;l. ~..,.,,"" ('"~- 0,,-. it &-0 w /6~b ~~~ ~~tO/' I ~:J,7 ~ I j""2.- 4- V..c.- ~ /~.3 // ~ . 68' Date ,/ 68 Naae Address Date -~ r-28- - d- 9-7~ C/ - ;:L<::J-Pf q- ZC(-y ~.e~ y <- ).'/ :r'''4A"/<.- " ,'?' C( 7- I( r . ", ( , Date: September 21, 1994 6S. -pI K To: Mayor Kelley, Dick Jennings, Pres. Woodburn City Council and members of the Woodburn City Council. From: Citizens in Ward 1 interested in petitioning Dick Pugh for nomination to the Woodburn City Council. ,Petition: We the undersigned, being concerned citizens of this Ward, recommend to the Mayor that Dick Pugh be nominated to fill the unexpired term of Councilman Bill Mitchell. Highlights of this individual's background is presented below for your consideration to this position. Dick was born in Colorado Springs, Colorado in 1929. He attended Colorado schools and colleges and earned an Accounting degree in 1951. He and his wife, Barbara, have been married 45 years: they have 2 daughters, Sally Smith of Clatskanie, OR, Carol McCoy of Sydney, Australia, & a son, Andy (deceased). They have 6 grandchildren. Mr. Pugh has had an interesting career; he worked in several cities throughout the U.S., England & the European continent. His 35 years of experience included 20 years as Vice President of several large manu- facturing firms in "high tech", "aerospace", and welding technology. In 1989, he embarked upon a second career and became partners with his wife in real estate, licensed as Brokers in both California & Oregon. They moved to Woodburn in 1991. Dick is a licensed pilot, owned an airplane for many years and enjoyed flying throughout the western U.S. & Canada. He has been a teacher and enjoys amateur photography as a hobby. Dick has served on the Woodburn Planning CODlDlission since 1992, filling a vacancy to expire this Jrecember-;--ae believes in community involvement and is dedicated to the planned growth of this community. --------------------------------------------------------------------------------- Name Address Date ~~)L , ~ ~h~~Vr.-/ tJat '1 'I , I ,I .~~ /) J --A j ::> 2. n ~-t..!I ~cf~ ". /' 7/~/~',: '. 68'" Name Address Date ~/,?' Cj I ' ',', ,';0:, f30 /q t '7/3-e> /''i' <.t- 9...,$0- I 'CJ WJ.~ j)t41~ aJ .. , . 68 Date: September 21, 1994 To: Mayor Kelley, Dick Jennings, Pres. Woodburn City Council and members of the Woodburn City Council. From: Citizens in Ward 1 interested in petitioning Dick Pugh for nomination to the Woodburn City Council. Petition: We the undersigned, being concerned citizens of this Ward, recommend to the Mayor that Dick Pugh be nominated to fill the unexpired term of Councilman Bill Mitchell. Highlights of this individual's background is presented below for your consideration to this position. Dick was born in Colorado Springs, Colorado in 1929. He attended Colorado schools and colleges and earned an Accounting degree in 1951. He and his wife, Barbara, have been married 45 years: they have 2 daughters, Sally Smith. of Clatskanie, OR, Carol McCoy of Sydney, Australia, & a son, Andy (deceased). They have 6 grandchildren. Mr. Pugh has had an interesting career; he worked in several cities throughout the U.S., England & the European continent. His 35 years of experience included 20 years as Vice President of several large manu- facturing firms in "high tech", "aerospace", and welding technology. In 1989, he elllbarked upon a second career and becaae partners with his wife in real estate, licensed as Brokers in both California & Oregon. They moved to Woodburn. in 1991. Dick is a licensed pilot, owned an airplane tor many years and enjoyed flying throughout the western U.S. & Canada. He has been a teacher and enjoys aaateur photography as a hobby. --------------------------------------------------------------------------------- Dick has served on the Woodburn Planning Commission since 1992, filling a vacancy to expire this December. He believes in community involvement and is dedicated to the planned growth of this community. Haae Address Date LJ:' J Dt J W:J/OcJ / i 1:)<- DuG I~-..e/ tv. ~~ 9CA' C( (~S: ~ '5:768 Name Address Date q- dR/V 1'. ;{ 68 Address Date -.JdAJL-+ ~/:L1DJ , f! ;;4/ /.e r _);.tidP ~ I H(}rA/q .,. d .. JC)' A/ r a j() E Iv! r Po. t1fq r -f' r ;s-Il~ Fd;;r .. <)J 4'A.~.t/JAJ I),LrlolU ()eh/'&\ tral-c~ l.J~1 ~f"] '-f~ ] 'if J "If;( ! Ltr5 ~f'? o tJI:., ~ Lu,'/!oU/ A-v< t-/ur,Jj,d~/ tJ II w,,//{}(,/ Ave (J/Jd16"'/'(/ IJ~ tv', '; If) (.,0/ #v ( tJ Ani!;", r A/ c);( lJ .. 'l!A/~ / A(/( tJC)~ i ~/IU ~L. W, '//00/ Au~ tJQod~urt<-l ~;e tv!' I !tJ c.J IJ. (j e.. 000 eLf&</)() ~ . 0,' //ov../ fJl/~ Woo) 6lA./",v J;e jO -/ -~'r' IdJ-/--- 9q /tJ-/-9'f /0 -/-q(/ / () -I - '1c( /0-/ -?~ 10-/- 9y 68 Name Address Date .~ t?~ /<jc./J tJ~ / IJ--J - 9/ 17-/ /o-}-9 10A MEMO FROM: City Council through City Administrator ~ Public Works Program Manager /0 TO: SUBJECT: Acceptance of Donated Flail Mower DATE: October 5, 1994 RECOMMENDATION: Accept the donation of a 1968 Mott flail mower to the City Street department from Casey Jones with an estimated value of $1,200. BACKGROUND: Mr. Casey Jones lives at 7390 South Drake Road in Mount Angel. He is a retired equipment salesman and municipal employee who worked in the Willamette Valley for many years. He would like to donate to the city a 1968 Mott self propelled flail mower. This is a walk behind flail type mower with a 32 inch width of cut. It has been very well maintained and the flails used are readily available. The engine and gear box were stolen from the machine in 1991 and Mr. Jones spent approximately $1200 to have the mower repaired. Mr. Jones used this cost when he estimated the value of the mower. The street department will use the mower for right of way maintenance. It will be used in ares that tractor mounted equipment can't reach. It is in very good condition and upkeep is expected to be minimal. Staff recommends that the donation be accepted. 108 MEMO TO: FROM: City Council through City Administrator ft---- Public Works Program Manager ~ SUBJECT: Bid Award for Underground Storage Tank Decommissioning DATE: October 5, 1994 RECOMMENDATION: Accept the bid of Petro Con Services Inc. for $2,250.00 for decommissioning of four underground storage tanks. BACKGROUND: Bids for City of Woodburn bid number 95-01 for decommissioning of four underground storage tanks were opened at 11 :00 am on October 5, 1994. The results were: Bidder ~ Petro Con Services, Inc O'Sullivan Environmental Seminole Environmental Anderson Backhoe $ 2,250.00 5,511.00 6,219.00 6,512.00 The four fuel tanks are located at the Street Shop (2), well number 8 near Legion Park and well number 9 on Country Club Road. Regulations and insurance requirements have made it cost effective to remove these tanks. The low bidder, Petro Con Services, Inc., has been in business for over three years and has all required DEQ licenses and is licensed by the Oregon Contractors Board. Staff checked the company's qualifications with DEQ and was told that the contractor was well qualified and that the agency has no reported problems with his work. Staff recommends that the bid be awarded to Petro Con Services, Inc. renb Bid 96-01 RR:bw 10C MEMO TO: City Council through City Administrator FROM: Public Works Program Manager ?f ~ SUBJECT: Bid Award for Pickup Truck DATE: October 5, 1994 RECOMMENDATION: Accept the bid of Trachsel Buick - GMC Trucks for $9,434.23 for a small pickup truck. NOTE: This vehicle is for the water division. BACKGROUND: Bids for City of Woodburn bid number 95-05 for a small pickup truck were opened at 2:00 pm on September 20, 1994. The results were: Bidder Price Trachsel Buick - GMC Canby Ford Miles Chevrolet Bill Copps GMC Bill Copps GMC Hershberger Motors $ 9,434.23 9,488.00 9,765.33 9,793.02 10,082.87 11,713.10 The pickup will be utilized by the water division and was budgeted. A comparable vehicle from last years state bid schedule was approximately $9,650. Staff recommends that the bid be awarded to Trachsel Buick - GMC. 10D MEMO TO: City Administrator for Council Action Public Works Administrator c:'J...~ Julie Moore, C.B. Tech III ~.Jv STOP sign request on Meadowvale Lane at the intersection of Hermanson Street THROUGH: FROM: SUBJECT: DATE: September 30, 1994 RECOMMEND A TION: It is recommended that Council approve the installation of a STOP sign on Meadowvale Lane at the southern intersection of Hermanson Street due to inadequate site distance at this intersection. BACKGROUND: The Meadowpark Homeowner's Association has requested STOP signs in this subdivision for safety reasons. With the addition of Carn Subdivision to the south of Meadowpark there is an increase of traffic through this area. Traffic counts were taken at both intersections of Meadowvale Lane with Hermanson. The volume of traffic at either intersection is too low to warrant STOP signs. However, the sight distance at the southern intersection is hindered by the curvature of Hermanson Street through Meadowpark and into Carn Subdivision. The Manual of Uniform Traffic Control Devices states that STOP signs can be warranted where there is limited view. This intersection is hazardous because of the limited sight distance on Hermanson. Therefore, it is recommended that a STOP sign be installed at the southern intersection of Meadowvale Lane with Hermanson Street because of the hazard created by limited sight distance. Map attached A:\TRAFFIC\STOP\MEADOWPK.STP ~ ') \ \ __~ : 7'2.9 . .1 ...............!~ r- u' a:1 ---- ~ ?f 749 - --....._---- _.~':--. - N 1049 0 1061 0 cr/3t-lqt.j 10E MEMO TO: City Administrator for Council Action Public Works Director ~~_ Julie Moore, C.E. Tech III ~ Alder Lane NO PARKING request THROUGH: FROM: SUBJECT: DATE: September 30, 1994 RECOMMENDATION: It is recommended that Council approve the installation of NO PARKING signs on the west side of Alder for the first 100 ft. from both the intersections of Steven St. and Linda St. as shown on the attached map. This will allow access of emergency vehicles to the street and still allow residents some on-street parking. BACKGROUND: The residents along Alder Lane requested NO PARKING along the street due to its narrow width. Council approved the installation of signs along the east side of Alder in January 1994, as was recommended by staff. Some residents felt both sides should be restricted because of the need for emergency vehicles. The Fire Department was consulted on this and they stated if the first 100 feet was restricted parking on the west side from both the intersection of Linda and Steven Streets, they would be able to access the street for emergency services. Alder Lane is 21.75 ft wide and according to the Transportation and Traffic Engineering Handbook, would be classified for no parking on one side of the street. Therefore, since it is vital that emergency services be unhindered to access this area it is recommended that NO PARKING signs be installed on the west side of Alder Lane 100 feet from both the intersection of Linda St. and Steven St. A:\ALDER2.NPK - 10E :d Cj ~ ~ WO -IZ: co a: en -Ia:~>- 1-4:1:0-1 a: ~en :>z: en a:oz:w 1-4~~ Z:~::Jll. O(ICOX H1::0W ~~O ~~9Z: ~z: gj OI-4~CO ~ 00 z:en 0 1-41-4~9 z:i=H o U~ 0... 0 ::Jenw o~i=~ WO 1-4 enu>-u a:WCO CO~ w enuf3i= I-4l-4llol: -IU . o..COW>- (I::J:l:U 1:: o..U a: en1::Z:~ 1-40WU :r:~WU t-~CQa: (Y) .~ D ..- ~ a ** ~ ~ I- ~ .~. --... ..0 h. W '"t3 fI) [ w o t.S. :c o : (J) ~ ~: 0: - W -j..) , ~Ul LEGEND W ~"I ~l - (J) o .~~ q" - ~u~ ,..... Proposed NO PARKING area ~ .~ c- . ~ 0-..) u~ Existing NO PARKING area ~ ...... 10F MEMO FROM: City Administrator for Council Action 15. Randy Scott, CE Tech III, through Public Works Director TO: SUBJECT: Acceptance of Public Right-of-Way DATE: September 8, 1994 RECOMMENDATION: It is being recommended that the city council accept the attached public right-of-way in conjunction with Evergreen Road extension. BACKGROUND: The right-of-way to be conveyed to the city is shown on the map at Attachment" A ". The right-of-way is in conjunction with the Evergreen Road extension and will provide for the existing three-way traffic signal to be expanded to a four-way intersection. A copy of the signed document is included as Attachment "B". RS:lg Attachment EVGRNRT.\.IAY ATTACHMENT "A" 10F _ _ ..;.;.:~: ~ --i.. _ _'- ::; ~'J;IN 1 . .c;. 7 '. '.-A "',';. ~\ ~......--~ ~~ u"\ r- . 7....., 1/, .,/ --- " 4 ..;. ~:5 ~~. : :-..~ ~ . ! . J . . I . ,..... .),. if iq !!~ ,- , II I; I; ! ; .(.;>.., .; ~~.' ~. rT ~, ,;; ::: --+ - ~--- 1:.. ~; .~ i j ~ t !"- .~. ;~ ;~ ".. . .-----' i~ j ;::! i :>: i ~ ! ~ ,:> :z \ j ~ ' ~ ! ;-w vJ i--- I .----- ... E/:57. . ~;;.= --.- '- --- HWY 214 EY:S-: ::CP ----~- t,',a:E~ ).1.':',,:-1 - - - - -.- - - - -------~- -- - -- - .- ----- '::;0 '0 )> o :f'T1 .r;; ;:0 ,G') ;0 :(11 JT1 .z OK ATTACHIIENT "B"WAllANTY DEED KNOW ALL MEN BY THESE PRESENTS, ThaL........fA..I.RW.A.Y....P.LAZ/LXN.C....... '10F~' hereinafter called the grantor, for the consideration hereinafter stated, to grantor paid by.....J~i.:t:Y::,Qf...Wo.o.dhurn ...................................................................................................................... ............................... ............................., hereinafter called the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or ap- pertaining, situated in the Countyof........MarioQ.............. and State of OreAon, described as follows, to-wit: (This property is conveyed and dedicated to the City of Woodburn for public road and utility purposes) DESCRIPTION ON REVERSE SIDE IIF SPACE INSUFFICIENT. CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the aame unto the said grantee and grantee's heirs, successors and assigllll forever. And said grantor hereby covenanta to and with said grantee and grantee's heirs, successors and assigns, that grantor is lawfuIIy seized in lee simple of the above granted premises, free from all encumbrances and that grantor will warrant and lorever delend the said premises and every part and parul thereof against the lawluj claims and demands 01 all persons whom_ver, e1Ccept those claiming under the above described encumbrances. The true and actual consideration paid lor this tramler, stated in terms 01 dollars, is ,t....~.&DO.................... ~JWfX_XHH:HJ(M)(,UJf:DK<<<<<<J(4C)fK~J(~J(~lt<<J{I{fJf<<)fm>>Jl:X'J8(JJfnm9hcjf ~~JiHlU<<Jt)UOOllJ~W(.I,LU.UXUI.UXU~lCHIWtU.XJH<<~HK.JtUJUO>>X In construing this deed and where the context 10 requires, the lJingular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. In Witness Whereol, the .grantor has executed this instrument this ..u~L..... day 01 u......~.'i;..\~:t:\:.Ylt'.>f->'-t., 19..~V if a corporate grantor, it has caused its name to be signed and its seal affixed by an officer or other person duly authorind to do 10 by order of its board of directors. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE. SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. . ...flURWAY. ..PlAZA...INC....... ............................................. ....~.~~~~:~l~~.~~.~.:::.:.:.:::::.:::::::.:::::.:.: STATE OF OREGON, County of u.....M..a.r..LtH:\.......u.................)ss. This imtrument was acknowlt;dged before me on u.....,S..e..p.:t..,......z:...z..........., 19..9..'1., by ...............O:J.:1:&?..r.~.~.......:B..c.1.c..~........................................._................................................ This illlltrument was acknowledged before me on ...................................................., 19........, by .................................................................................................................................................................... as................................................................................_................................................................................... ........................d).~...~~t~ft;b~c~~ My commission expires ...~~....!..3.J...!...9...q.7.......... GRANTEE'. NAME AND AOO"I:.. .~"'CE "ESERVED 'OR ftECOIltDEIIt.. USE STATE OF OREGON, } County of .......................................... ss. 1 urtify that the within instru- ment was received lor record on the .......... day of ..................................,19........, at ................ o'clock ......M., and recorded in book/reel/volume No....................... on page ........................ or as fee/file/instru- ment/microfilm/reception No................., Record of Deeds of said county. Witness my hand and seal of County affixed. GRANTOR'. NAME AND ADD.n:s. Aftet ............ retu.. h: m.m. .. NAME. ADORE.., Zl~ Until a change Is NqHl'" .n knc .fot.ments shoUIM sent f. th. 'olio_inti ocI'clA... I' \1__' NAME TITLE NAME:. ADDRESS, ZIP By.................................................... Deputy 10G MEMO FROM: Mayor and City Council Chris Childs, City Administrator 1A1~ TO: SUBJ.: Approval of Merit Salary Increase (M. Wolf) DATE: October 6, 1994 RECOMMENDATION: That Council approve, pursuant to Sec. 3 of Resolution #1081 (dated 9/9/91) a 3.3% merit salary increase for Marianne Wolf, Communications Center Manager, retroactive to October 1, 1994. BACKGROUND: Resolution #1063 established the 1991-92 Non-Union Employee Compensation Plan, which included a range/step plan for Executive Management employees. However, Resolution #1081 (Sec. 2) removed management employees hired after September, 1991 from the existing range/step plan. Also, Sec. 3 of Res. #1081 requires that the City Council give final approval to merit increases for management employees. A performance evaluation for Ms. Wolf has been recently completed, demonstrating that overall job performance meets or exceeds minimum standards. Ms. Wolf has been an asset to the City of Woodburn and is deserving of this merit increase. 14A MEMO TO: City Council through City Administrator FROM: Planning Commission.,.c:.c. .' . SUBJECT: Site Plan Reivew 94-19 Automotive Service Center, Arney Road DATE: September 30, 1994 At their September 22, 1994 hearing, the Woodburn Planning Commission approved, with condition, approval of an 18,000 square foot automotive service center. The site is located along Arney Road in West Woodburn. It is next to and south of the Woodburn 1-5 RV Park and will share access with the RV park onto Arney Road. The subject property can be identified specifically on Marion County Assessor Maps as Tax Lot 601, 5S, 2W, Section 128. Tax lot 601 is approximately 1.85 acres in size. The property is zoned 10 Interchange Oistrict and is currently vacant. Previous land use applications relative to this site is partition 90-02. This partition created the subject property. See attached site plan and vicinity maps. 94-195VC.CTR 14A '03 03 03 0 4>. ----:::- --- >- w z a:: < .. \,"'- ... :.!Y --,~...- L. ! / / (.:) / ~. / ~ 'F / ~~ / ~ / -- / (,fj / / .~ 1 1OOO@lkl,' - ~'V .- . / ~"'t' // ,/ ---/ t$ / , / ~ I I ..~ ... ~' ~,' . i" " I " . . l . ~ ,,' ",I :---.... " " s~........./ / ..... :"........ - - ~ . . . STATE LJ -~ ---.--- HIGHWAY 214 - > . ".. =i { .,. () ~ a : . ~ : . . : I 14A 15A MEMO FROM: Mayor and City Council Chris Childs, City Administrator t/I~ Status of Salud Building (347 N. Front St.) TO: SUBJ.: DATE: October 4, 1994 As you will recall, on March 14, 1994 the Council enacted a resolution . declaring the above-referenced structure a dangerous building and granting the owner (Salud Medical Clinic) until December 31, 1994 to either abate (demolish) the structure or repair it to appropriate safety standards. Councilors noted that such a timeline would better enable Salud to deal with "red tape" at the federal government level. Over the past several months the Community Development Director and myself have written a series of letters to both Salud and Farmers Home Administration (principal lienholder on the property) continuing to emphasize the approaching deadline and the need for an action plan. As a result of this correspondence, a meeting was held on September 23, 1994 with several Salud officials, a representative of FmHA, the Community Development Director and the City Administrator. The upshot of the September 23rd meeting was an action plan that has already been put into motion by Salud. Essentially, they have listed the property with a real estate broker for what they believe to be a competitive price, given the condition of the structure. The broker's strategy is to first solicit prospective leasehold tenants for the building. Then, with the potentially guaranteed income stream as an enticement, the broker will look at prospective buyers who would be willing, based on the rental income assurances, to make the necessary investment in rehabilitating the structure. Salud's marketing approach has apparently been O.K.'d by both FmHA and the U.S. Public Health Service (Salud's principal source of operating funds). The Salud officials stated that two different county agencies, the Health Department and the Sheriff's Department, have expressed interest the possibility of leasing space in the building. City staff has no indication of how firm such offers/inquiries may be. Salud's intent, as stated in the meeting, is to do the utmost possible to facilitate the preservation of the building; a desire that has periodically been expressed from the bench by individual city councilors. There is an obvious historic and aesthetic value in preserving the building. Also, it is commonly agreed that demolition of the building could pose additional difficulties in respect to the structural integrity of adjoining buildings. However, the Salud officials noted that a $70,000 settlement 15A Page 2 - Salud Building (10/4/94) from FEMA will be available to finance the demolition of the old structure if that is the ultimate outcome. If the council's priority is, in fact, to repair and preserve the building rather than to demolish it, serious consideration will need to be given to extending the December 31 st deadline to allow time for Salud to follow through with their action plan. Occupancy of the building by county departments, or any other governmental or nonprofit entity (including state offices as suggested recently), would require appropriate planning, discussion and, ultimately, budgetary approvals. The Salud officials believe a time extension will probably be necessary to successfully complete the process described. In turn, they asked "What does the city need from us to grant a time extension to make this plan work?" While that is ultimately a policy determination by the council, staff's initial response was that, Sl1 minimum, Salud would have to present, prior to December 31, 1994, formal evidence sufficient to demonstrate that the marketing plan is viable. This would realistically be in the form of signed documents indicating the intent of prospective tenants to lease space. The preceding summarizes the direction that Salud is presently taking in regard to the building. City staff has continually worked to "prod" Salud toward achieving a resolution to this matter that will minimize any potential costs to the city and its taxpayers. If the city council visualizes a different outcome, it needs to be clearly and concisely conveyed to Salud. - 158 MEMORANDUM TO: Woodburn Mayor and City Council THRU: ~hrls Childs, City Administrator FROM: ~eVln Holly, Director RecreaUon and Parks SUBJECT: Woodburn Memorial Aquatic Center Update DATE: October 6, 1994 The final construction plans for Woodburn's new Aquatic Center have been completed. A set of the plans are available for your inspection in the Engineering Office or at the Recreation and Parks office. ' We are pleased with the final plans and feel certain Woodburn is going to be provided with a fine community swim center. Bid openings are scheduled for Thursday, October 27 at 2:00pm in the City Hall Council Chambers. We will take a few days to review bids. We may ask the Mayor to schedule a special Council meeting as soon as Monday, October 31, 1994 for the purpose of awarding bids. The contractors are required to commence work within 15 days of the contract award. NH:swp 15C MEMO FROM: City Council through City Adminis~ J/ _ Public Works Program Manager #-( ~ Water Update on Total Coliform TO: SUBJECT: DATE: October 6, 1994 The city is still experiencing problems with total coliform results near the Wilson Street sample point. The City has been in contact with the Health Division and they have concurred with actions taken. Following is a summary of activity since the last council meeting. September 28: Results were received from three samples. Two were negative but one positive sample from a house connection was recorded. Lines in the area were flushed and additional samples were taken. October 4: The sample point and both house connections again tested positive. Five other locations in the city sampled in accordance with normal testing schedules were negative. The decision was made to resample the locations without any further action. October 6: The sample point and both house connections again tested positive. In consultation with health division it was decided to again flush the lines and resample the sites. The results of these tests will be available at council meeting and an update will be provided at that time. The next step if positive samples do continue would be to chlorinate the water lines in the vicinity. The results that will be available October 10th will dictate the city response in consultation with State Health Division. No action is required by city residents at this time and NO fecal coliform or E Coli Coliform bacteria have been found in any of the samples. 150 City of Woodburn Police Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071(503) 982-2345 Ext. 351 /f)pon Eubank, Lieutenant wriminal Operations Date: tober 4, 1994 To: RE: taff Report National Crime Prevention Month Progress Report October is National Crime Prevention Month and work is in progress to make this a city wide event. Previously, a copy of our proposed List of Activities of this month was given out in a Staff Report. As activities are starting to take shape and some are set, I have listed below those activities along with dates and times. As requested, these activities are listed from October 10, 1994 to October 24, 1994. Another staff report will be done for the period October 24, 1994 through October 31, 1994. 1. Proclamation by the Mayor of October as Nation Crime Prevention Month. Council Meeting September 22, 1994 2. Media Blitz regarding planned activities and events. During the week of October 10th, 1994. The Woodburn Independent and NCN will do stories about various activities. (Officer Russell & Lt. Eubank) 4. The Woodburn Comeback Campaign/Downtown Association & Woodburn Police will hold a City Social Event at the Woodburn World Berry Museum {Flyer attached}. (Officer Russell) October 11, 1994 from 6:30 pm - 8:00 pm. 5. The Woodburn Police Department will begin distributing Crime Prevention Flyers and Brochures at various locations through out the city. (Officer Torres) Will begin week of October 10, 1994. - 150 Nat CP Month 6. Presentation to Civic Clubs regarding Crime Prevention Month and activities. (Officer Russell & Torres) Will be done week of October 10, 1994. Other activities are nearing the final planning stages. As soon as these are confirmed, the media will be notified and information will be distributed. 150.:' ',1 . ", . :-,.~'. . .. ," ;..'~; - ,. . ,.;.:'.': '?.' .:~.;.~("!..': <. . Celeb' "ra"":,,,~,,:,"t' "e."'" .' '. '. ..... :.,.... '.- .. ," . ." . ' - .~. . . . - ;" . -'- .", -. - :~, ~ '. . . '. '. '. .... . ....... ..' . .... . .' '.' '.. '... ....... .' ..... '. ............. ................ :p~.M.1Jll~.~"/rtt . . ., 15E MEMO FROM: Mayor and City Council Chris Childs, City Administrator ~ legal Synopsis: Compass Corp. vs. lake Oswego TO: SUBJ.: DATE: October 6, 1994 Attached for your review is an evaluation prepared by N. Robert Shields, our City Attorney, regarding a land use case recently decided against the city of Lake Oswego. Although directed to city staff, Mr. Shields' memo merits consideration by both the city council and the planning commission. The immediate issue concerns the "120 Day Rule". Because the city council is an integral part of our land use process, applications that reach the council level are subject to this rule. Particular thought should be given to the "120 Day Rule" in light of several recent situations where land use issues have been remanded back to the planning commission. It would appear that violation of the "120 Day Rule", without an appropriate waiver from the applicant, could result in 1) automatically required aooroval of the application and 2) payment of applicant's related attorney fees by the city. Please review Mr. Shields' memo carefully. - 15E CITY OF WOODBURN 270 Montgomery Street . Woodburn, Oregon 97071 · 982.5222 MEMORANDUM OPINION NO. 94-05 FROM: STEVE GOECKRITZ, COMMUNITY DEVELOPMENT DIRECTOR TERESA ENGELDINGER. CITY PLANNER J1\ r ~ N. ROBERT SHIELDS. CITY ATTORNEY' \I (;;) COMPASS CORPORATION V LAKE OSWEGO COMPLIANCE WITH CITY "120 DAY RULE" STATUTE TO: SUBJECT: DATE: OCTOBER 4, 1994 In Comoass Corporation v. Citv of Lake Oswego. 319 OR 537 (1994), the Oregon Supreme Court addressed the use of a Writ of Mandamus in a land use context and substantially changed existing law in this area. While this may at first seem rather remote and esoteric to you, I believe this legal interpretation could have a significant impact on the city's everyday planning activities. Accordingly, the city should take appropriate actions to comply with this judicial ruling. THE "120 DAY RULE" STATUTE ORS 227.178 is referred to by Oregon urban planners and land use lawyers as the "120 day rule" and provides, in relevant part, as follows: 227.178. Final action on certain applications required within 120 days; exceptions; mandamus authorized. (1) Except as provided in subsections (3) and (4) of this section, the governing body of a city or its designate shall take final action on an application for a permit, limited land use decision or zone change, including resolution of all appeals under ORS 227.180, within 120 days after the application is deemed complete. 15E PAGE 2 - MEMORANDUM OPINION NO. 94-05 * * * (4) The 120-day period set in subsection (1) of this section may be extended for a reasonable period of time at the request of the applicant * * * (6) Notwithstanding subsection (5) of this section, the 120-day period set in subsection (1) of this section does not apply to an amendment to an acknowledged comprehensive plan or land use regulation or adoption of a new land use regulation that was forwarded to the director under ORS 197.610(1). * * * (7) If the governing body of the city or its designate does not take final action on an application for a permit, limited land use decision or zone change within 120 days after the application is deemed complete, the applicant may apply in the circuit court of the county where the application was filed for a writ of mandamus to compel the governing body or its designate to issue the approval. The writ shall be issued unless the governing body shows that the approval would violate a substantive provision of the city comprehensive plan or land use regulations as defined in ORS 197.015. [1983 c.827 ~27; 1989 c.761 ~16; 1991 c.817 ~15] FACTS OF THE LAKE OSWEGO APPLICATION. On March 22, 1991, the applicant applied for a land use permit to partition three patcels in the city of Lake Oswego. The city notified the applicant that the application was complete on April 5, 1991. On June 3, 1991, the city's Development Review Board conducted a public hearing on the application and on August 5, 1991, the Board voted to deny the application. On October 27, 1991, the Board voted to deny reconsideration of its decision and on October 22, 1991, the applicant filed an appeal with the city council. Finally, on January 14, 1992, with the appeal pending before the council, the applicant filed a legal action in the Clackamas County Circuit Court seeking a Writ of Mandamus. In basic terms, a Writ of Mandamus is a legal procedure where a private party can apply to a court for an order requiring a public official to make a decision. In this case, the applicant petitioned the Circuit Court to order the city to approve the application. The applicant's lawsuit was filed 285 days after the city had determined the application was complete. 15E PAGE 3 - MEMORANDUM OPINION NO. 94-05 CITY'S RESPONSE TO THE LAWSUIT. After the lawsuit was filed, the Circuit Court set a show cause hearing for February 12, 1992, on the question of why a Writ of Mandamus should not issue against the city. On February 11, 1992, the city council met and denied the land use application. The Lake Oswego City Attorney then argued at the February 12, 1992 court hearing that since the city had already made a decision on the application, the Circuit Court was now without legal jurisdiction to hear the case. CIRCUIT COURT RULING. The Circuit Court rejected the city's argument and issued a Writ of Mandamus requiring the city to approve the application. It held that under ORS 227.178 the applicant, at this point, was not just entitled to "a decision" but to an aooroval of the application. The Court also required that the applicant's attorney fees be paid by the city. COURT OF APPEALS . The city immediately appealed the judgment to the Oregon Court of Appeals. The Court of Appeals reversed the ruling of the Circuit Court, and relied on Ednev v. Columbia Countv Board of Commissioners, an analogous case decided under ORS 215.428, the county "120 day rule" statute. The Court of Appeals stated: At oral argument, plaintiff acknowledged that Edney is controlling, but contended that it was wrongly decided. We recognized in Edney that there was an inherent conflict between the mandamus statutes and the LUBA review statutes, and that full literal effect cannot be given to both. We acknowledged in that decision that there are persuasive arguments on both side of this issue. However, it was our conclusion that the legislature intended that the LUBA process, in which land use issues can be reviewed on their merits by the body to whom the legislature has assigned that task, is preferred over compulsory circuit court relief. We adhere to that view and to our decision in Edney. 121 Or App at 488. SUPREME COURT RULING. The applicant then petitioned the Oregon Supreme Court for review. The Supreme Court not only agreed to hear the case, but stated in clear terms that it agreed with the Circuit Court and reversed the Court of Appeals. The Court rejected 15E PAGE 4 - MEMORANDUM OPINION NO. 94-05 the Court of Appeals rather fuzzy reasoning that the legislature had not intended to give "literal effect" to the language of the 120 day statute and applied the actual language of the statute. The Court suggested that, in many cases, judicial approval of the application is the just consequence of the government's inaction. The Supreme Court explained: As the Court of Appeals noted in Edney v. Columbia County Board of Commissioners, supra, 119 Or App at 10, the mandamus statute and the LUBA statutes are silent about whether a city's belated decision to deny an application affects the circuit court's mandamus jurisdiction. The Court of Appeals concluded that such a decision by a city prevents the court from issuing a writ, reasoning that there is no reason to force a city to make a second decision. According to that court, once the city makes a decision, even a belated one, the purpose of the mandamus statute has been satisfied, and there is no need to resort to court. That reasoning overlooks the applicant's statutory right, not merely to an order that rules on the application, but to an order compelling an approval. If a city could avoid the mandamus remedy by denying the application on the eve of a court hearing, the incentive to make a timely decision within 120 days would disappear. Properly viewed, the approval action that the court compels through mandamus is not a second decision by the city; it is an action that the law requires as a consequence of the city's violation of the 120-day deadline. 319 Or at 545. As a final note, the Court left in place the portion of the Circuit Court's order requiring the city to pay the applicant's attorney fees. IMPLICATIONS OF THE DECISION. In my opinion, this court decision is a tremendously significant legal ruling for cities because it creates a "back door" process where an applicant may obtain a land use approval by the government's failure to make a timely final decision. Likewise, the legal ruling will adversely impact the city planning process unless extreme care is taken by city staff to avoid the pitfalls it creates. In an effort to assist city staff and avoid potential adverse impacts on the city, I have developed some guidelines to be used when applying the 120 day statute. I will end this opinion by listing the guidelines and suggesting that we meet at your earliest convenience to discuss their implementation. - 15E PAGE 5 - MEMORANDUM OPINION NO. 94-05 GUIDELINES FOR ORS 227.178 - THE "120 DAY RULE." 1 . Initially, review all land use applications for completeness when they are first submitted. 2. If an application is incomplete, send a letter to the applicant specifying what information is missing and noting that the city does not consider the application complete under ORS 227.178. 3. When an application is considered complete by the city, a letter should be sent to the applicant noting this fact. 4. Remember that the statute requires the city to respond to an incomplete application, as stated in Guideline No.2, within 30 days of receipt of the application. 5. Monitor all applications with a timeline so that any delay in the process will be apparent. This information should be shared with the applicant so that they are aware of any problems. 6. Promptly obtain from the applicant a waiver of the "120 day rule" (under ORS 227.178(4)) when it is probable that a timeline will not be met. This waiver must always be in writing and should specifically reference the statute. 7. It does no good to discuss the waiver issue with the applicant once the city is in violation of the rule. Anticipate timeline problems before they occur and, if a waiver can not be obtained, approach the City Administrator and City Attorney about possible emergency measures that can be taken to expedite the decision. Enclosure: Comoass Corooration v. Lake Oswego cc: Chris Childs, City Administrator COMPASS CO~P. v.. CITY OF LAKE OSWEGO Cite.. 878 P.2d 403 (Or. 1994) The aggregate. conduct of the accused, mis- leading both his clients and the Bar, war- rants disbarment. See In re Spies, 316 Or. 530, 541-42, 852 P.2d831 (1993) (accuUd disbaJTed for, among other things, mislead- ing clients, failing to. provide. comp!!tent rep- resentation, and not. cooperating with the Bark Bte also In re Punris, 8U~ 308 Or. at ed. 459, 781' P.2d850 (acCused disba:rTed for mis- representing' to clients status of their eases, accepting payment' without working on ~, and failing to respOnd :to investigative inqui- ries made by the Bar). Accordingly, coJU5idering the ABA Stan- danhi and the prior ,dedsioD$ of. this court, we conclude that thetriafpanel's de<;ision of disb8rment is:co~ .. ,. . The accused is disb81Te<L 'CW' . .... o oj 111'.. .lIUMlIltttmM. ~. .:_ ,. ~ I a~~. 319. or. 537 . " . . -' .JFsTATE eX.iel. COMPASS CORPORATION, Petitioner . on Review, .. .'v;....... . . ~. The CITY;oF:r..uafOsWEGo,.' muniCipal co~tiC)n of 'the~ Staf:!! of Oregon;. Respondent' C)n keview~' ce, ~171U;' CA~76227r$C. 840507. .' - " - - .' . '. .'" . ~". .',' ,.' '-' -',. . 'Supreme' Court of Oregon, ..In. B8n~ ':.' '.,~'. .' " . .. .' Argued, and Submitted May J2, .1994.. "ResUbmitted'.i\ug. :8, 1994. ,0 '. :. OecldedAUg>.11/ 1994:"" , c' ~ .,;... ; ;. .. ~.. .... . ~ '. . , 1,.., . _ ': . . ..'. . .. ~. i.' '. .-~ 'Applicant for partition meet petition for alternatiVe writ of mandamUs, directing: city to"grimt alipUcatiO-lL''''Tlie: (jJtCUit ;COurt, ClaclaunaS. CoUnty, Sid~ A."BrocldeY, J.,:is- sued peremptory writ of mandate reqwnng city, to approye application. and city appealed. Ti)e, Cour.t of Appeals, 121; OrApp. 486, ,856 P.2d 319, reversed and remanded Appljcant 'tt)oQC)4l':~(!lItdH(~~"'"~'t~~"~q~~~1<<_'a.j'.'~.'~""'~.""'~~''''~_'''~"'''''''.~:." Or. 403 filed petition, for review. The Supreme Court, Durham, J., held that city's belated denial of partition application did not deprive circuit court of authority 'to issue writ of mandamus compelling approval of applica- tion. Co~ of Appeals reversed and remand- 1. Statutes e:ol88, 208 To' discern leE,1s1ature's intention, Su- preme Court begiD$' by examining teXt and context of statute. 2. Mandamus C;t87 Statute providingtlu,.t, if city's govern- ingbody fails to take action 'oil ,application for pennit, limited 'land-use declsi~n . or zone ~ge within8~~ l2O-day ~()(f, ap- plicant may seekWrlt.' of.~~Us toco~~ pel governing body or its designate, to issue approval, creates right to judicially compel approval of application; not merely a right to prompt decision by. governing body to ap- prove or disapprOveapplic;atioD., ORB",227.- 178(7). .. " .' :, 3. Zoning.and Planning~2 Under' statute'providiDg'thatif city's goVerning body fails to take' action' on appli- cation for pmmt; Iimited'land-~ decision or zone change witJiin' ipecified 12O-day period applicant may seek writ c)f. mandamus 'f.o compel governing body oJ;"~'itsdemgnate to issue approvaI, incentive fSprcWided for.time- ly govermnental ad:io~' along With remedial meChanism that results in approval, Unless governing body demoilstratesthat 'appi"ovill would, violate. Jocal'eompreJUlMwe plan. "dr land-use regulations. ORS227~178(7)." "~ ,." I . "j 4. ZoJling and Planning;l$=441. ;'." 0 , Land Use Board of Appeals (LUBA) has exclusive jurisdiction to review land-usedeci- sioD$ or limited laild-t1se' declSIonS: ORB 197~." '. -. -.!".. 5. ~~g; 81ld: PlaDn~iig ~;J84..L , .Abbreviated statutory time. limits 'con- trolling review.,proCedut.esbefore. Land Use Board, of. Appeals, (LUBM', and ,procedures for judicial review of LUBA'final orders, are ~"'1. ..,., - 15E .. ,. ".'if_ '~~~.'-"- ,,~.; , , . ~ - _rn..J{j~TtjtH.rfi~.~ .. .404 'Or. 878 PACIFIC REPORTER, 2d SERIES c 156 designed to accelerate. LUBA review process. ORS 197.830, 197.840, 197.850, 197.865. 6. Mandamus e:=tS7 Fact that no similar time limits to those governing review procedures before Land Use Board of Appeals (LUBA) and. proce- dures for judicial review of LUBA's final orders apply to mandamus proceeding re- garding governing body's failure to take ac- tion on application for permit, limited land- use decisiQn. or zone' change, or to. appeal from that proceeding to Court of Appeals, does not, standing alone, render mandamus statute ambiguous, since mandamus remedy is not designed to provide review of -local gOvernment's land-use decisi()Ds- or limited land-use decisions. ORS 197.8S0, 197.840, 197.850, 197.855, 227.178(7). 7. Zoning and Planning e:=t<<2, <<5 Land Use. Board of Appeals (LUBA) review statutes do. Ilot impose on cities any procedural requirements or deadlines for fi- nal . action on land-use applications.. ORS 197.825.. .. . . 8. Zoning and Planning c:=o<<4 In reviewing loea1 government's decision to.: approve land-use . I,pplicati.on" .Land Use l3oard~f Appeals(LUBA) 'JD&Y determine, among .other,' things, whether decision vio- lates eo.mpreltensive plan or land~use regula- tions. ORB .197.835. 9. Mandamus e:=t87 . Mandamus proceeding ~rought when 10- ea1government has failed to make decision on application. "for permit, limited land-use decision or zone change is not process for "review" of local government's decision, since predicate for mandamus proceeding is local government's failure' to make timely final decision oil application. OltS 227.178(7). 10. Mandamus e:=t16(1) City's delayed decision to deny applica- tion for permit, limited land-use decision or zone change does not render moot the appli- cant's claim to mandamus remedy, under statute providing.' that,. if city's governing body fails to take action within specUied 120- day period, applieant may seek writ of man- damus to compel governing body or its desig- nate to issue approval.ORS 227.178(7). 11. Mandamus e:=t87 Absence :of wording in mandamus stat- ute or Land Use Board of AppealS (LUBA) statutes addressing effect. of city's belated denial of application for permit, limited land- use decision or zone. change does Dot create ambiguity re~ding court's authority.to is- sue writ of mandamus following belated deni- al. ORS 197.825, 227.178. 12. Mandamus e:=t87 City's belated denial of partition applica- tion did not deprive circuit court of authority to grant writ of maridamus requiring approv- al of application. ORS 227.178(7)~ Gregory S. Hathaway 51f Davis, Wright, Tremaine, Portland, argued the cause, for petitioner on review. With him on the Peti- tion was Timothy R. Volpert. Cynthia L. Phillips, Deputy City Atty., . Lake Oswego, argued the cause, for respon- dent on review. .Jeffrey G.. Condit, City Atty., Lake Oswego, filed the response to the petition. .. . .' Dorothy S. Cofield : and David B. Smith, Tigard, filed a brief on behalf of amicus curiae Oregonians In Action. ...:! . ..,WgDlmHAM, J~~~::.' ." . . . Relator Compass Corporation seeks review of a decision of the" Court of APpeals that ordered dismissal. for Jack of .j~etiori, of its mandamus action under-ORS 227.178(7). State ex rel. Compass Corp. 11. CU1I of Lake Oswego, 121 or .App. '486, . 856 P.2d. 319 (1993). The issue is whether the defendant City of Lake. Oswego's. (City) denial f;lf rela- tor's partition application deprived the circuit court of authority under ORB 227.178(7) to issue a writ of mandamus to City'.s governing OO4Y to compel approval of the application. Our answer to that question is. "no." Accord- ingly, we reverse the decision of the Court of Appeals. On March 22, 1991, relator filed an applica- tion for a ..land use permit to create three parcels on a l.2-aere site. Pursuant to ORS COMPASS CORP. v. CITY OF LAKE OSWEGO Clreu878 P.2d 403 (Or. 1994) 227.178(2),1 City deemed the application 2 complete on April 5, 1991. On June 3, 1991, City's Development Review Board conducted a hearing on the application. On August 5, 1991,' the Board voted to deny the application and, on October ,7, 1991, voted to deny recon- sideration of its decision.' on October 22, 1991, relator filed aD appeal to the city Coun- cil. ' ' . .-. On January 14, 1992, relator tiled a peti- tion for an alternative writ of mandamus under ORS,227.178, which proVides, in part: "(I) Except as pr.ovided in subsections (3). and (4) Of this section, the governing , body of . city or its designate shall take final aetion on an application for a pennit, "limited ,land use decision or zone, change, including resolution of all appeals ...1Mounder ORS 22'1.180, within 120 days after the application is deemed complete. , ' " ... .' . . "(7) If the governing body of the city or its designate does not~e, final action on an application for a permit, limited land .' use decision or 'zone change withiD 120 days after the application is deemed com- plete, the applicant may' apply in the cir- cuit court of the ,county where the applica- ,tion was filed for a writ of mandamus to compel the governing bOdy or its designate to issue .t;he .approva1.Tbe \Vrit, shall be issu!!d unless, the governing body shows that thi !lPProval would violatea-substan- ,tive provisio~, of, the, city comprehensive l~ ORS 227:178(2) provides~ . .'If.it application for'a '~t. li~ited land , use decision or zone change is incomplete. the governing I;>ody or its designate shall notify the applicant of exactly what information is miss- ingwithin 30 daysof~pt of the application and allow the appl,icant to submit the missing inrorma.tion. Theappli~tion shall be deemed compl~t~ forme purpOse, of subsection (I) of this secti~upOn r~c!:ipt b'y,theJ~oveming body or its, designate of the missing information. If the'" applicant refuSeS' to 'subniii "the ,'missing 'information, the application shallb'e deemed " c~mplete fQr:~the p~eof s\JbsCcpon, (I) of "this ~on,ontheJJst,day,~q:thegoveming , body firSt received the appllcatlon/.', : _ ' Or. 405 plan or land use regulations as defined in ORS 197.015.", The court. issued the alternative writ and scheduled a show' cause hearing for February 12, 1992. On February 11, 1992, the city council took final,' action to deny relator's application. At the show cause hearing on Februai-y 12, 1992, City moved to dismiss the proceeding on the ground that the city council's action on February 11, 1992, 'deprived the court of authority to issue the writ. The court denied the motion. In its answer, City admitted that it had not taken final action on relator's application within 120 days of April' 5, 1991, and allegedtha( approval ,of the appliCation would violate City's comprehensive plan and land use regulatioris.. , ' " , , . Following a hearing,' the court isSued a peremptory Writ of mandamus requiring City 'to approve the application. a The court con- cluded: "The defendaDt[City] did not sustain its ' burden of proof that approval of the appli- cation would violate a substantive provision of defendants [lie] Comprehensive Plan or land use regulations as defined in ORB 197.015." City 'appealed the judginelit to the' Court of Appeals. Relying on the rationale of Ed- ney v. Columbia County Board of Commis- sioners, 119 or .App. 6, 849 P.2d 1125, dJ!'d on other grounds, 318 Or. 138, 863 P.2d 1259 (1993),4 the Court of..wIApi>eals re"ersed! finding. On review" weass\UDe, in accordance with the trial court'~finding. that the 'application incorporates the' coriditions required by CitY's planning staff. "." ," - "..' 3.' The coUrt also allowed relator, to recover its reasonable attorney, fees' pUrSuani to ORs 34.- 210(2). The propriety of that award is not before us. 4. Edney involved ORS 215.428(7), which'is simi- lar in every respect to ORS 227.'178(1). except that it governs, ~us"proc:.eedings against . countiesiIlStea.do(dtle.s.. ~eheld tl:1l~t circuit coliris do riof~ve juriSdiction und~r9RS 2'15.- ; ,428(7) 'when the 'underlying;'appficitiori' requIres , .a comprehensive.p.lao:amendment.., Edney ll~,Co- . ~!:~J::he~ ~aJ, ~~ JOWld. iAAt ,th~ .app,lll;atian con- " ,r. lun;zbjp C~'i~ B~ct. ;of (:qrn"*si~melj" .s.upra, _ ,i;:~ist~ ,?fre~toJ;';~..o.ri~naJapp~i9lti?n ~d~,;,eral, ,: .3~ 8, (),l.":,,~t.,i ~~...,,8M:: ~.~d,I}.s~,..:Bi#~~jhe cOndltlOIlS,thatCltys staff recommended and Edney apphcatlon reqwred,such-~n amendment. '., ..,telatoradOpted. 'Cit)' ditl'ilot assign ertor to that'we did'ilOt'reacl\.ihe lssue'oLwhether'a cir'euit ~:~~'~'^(Jtu~~~x).;".)('t~~..~n"'''~~",,,'''''''' "1<.-,.. '''';'.' "". ! ....~ ~ 15E ", ~"~f,"\l_~. :l I I I 'j i .. '_.("f:~~~.. I " I' I ! t . ....~..........~~.=~...'~'.M'.'" 1 5 E .. ....... ~. -. . -.., .._,>,.....,~.....__...,...--....-.............,............._....""-~..,...- 406 Or. 878 PACIFIC REPORTER,.2d SERIES holding that the circuit oourtlost mandamus jurisdiction when the city denied the applica- tion before th~ mandamus proceeding finally was adjudicated. S~ ~ reL Compass Cofp.. 11. City of Lake Oawego, supra, 121 Or.App. at 488, 856 P.2d 819.. .Acco~ to the Court of Appeals, its interpretation of ORB 227.- 178(7) resolved' an inherent conflict between the mandamus statute and the LUBA l't!view statutes in a manner that supported the leg- islature's preference for LUBA review of land use issues. I d. [1] Whether the belated deciSion by City to deny petitioner's application deprives the circuit court of authority to compel approval through a writ of mandamus is a question that is controlled by the legislature's inten- tion in adopting ORS 22'1.178('7). To discern the legislature's intention, we begin by exam- ining the' text and context of the statute. PGE 11. Bureau of Lobar &: IndustrieB, 317 Or. 606, 610, 859 P.2d 1143 (1993). Context includes "other provisions of the Same stat- ute and other related statUtes." Id. at 611, 859 P.2d 1143. [2] ORS 22'1.178(7) provides that, if the city's governing body fails to take action within the 12O-<1ay period specified in ORS 227.178(1), the applicant may seek a writ of mandamus "to compel the governing body or its designate to issue the approval." That wording ereates aright to a judicially com- pelled approval of an application, not merely a right to a prompt decision by the governing body to approve or disapprove the applica- tion. Nothing in the statUtory text suggests that the legislature intended to permit a local government to foreclose an applicant's access to the mandamus remedy by denying the court loses jurisdiction to issue the writ when a county takes final action during the pendency of the mandamus proceeding. [d. at 142, 863 P.2d 1259. S. ORS 197.825 provides: "(1) Except as provided in ORS 197.320 and subsections (2) and (3) of this section. the board shall have exclusive jurisdiction to review any land use decision or limited land uSe decision of a local government. special district or a state agency in the manner provided in ORS 197.830 to 197.845. "(2) The jurisdiction of the board: application after expiration of the. l2O-day deadline. . [3i The policy behind ORS 22'1.178(7) is evident. If.a governing body (ails to take final action on an application within the re- quired 120 days, the applicant is entitled to obtain. an order compelling approval, subject to defenses that the governing body must establish: The statutory schemtlJpProvides an incentive for timely governmental action, along with a remedial 'mechanism that results in an approval, unless the governing body demonstrates that approval would violate the local comprehensive plan or land use regula- tions. Our review of the text of ORS 22'1.- 17fWT) and other related. s~tutes that ad- dress the review of land use applications by . cities, ORS 227.160 to OM 22'1.185, discloses no basis for concluding that ORB 22'1.178(7) is ambiguous. . The statutes that provide for LUBA re- view of land use decisions by cities are relat- ed to the subject matter of ORS22'1.178(7) and are, therefore, a part of its context.' We examine those statuteS to determine wheth- er, in the light of their Wording, the meaning of ORS 22'1.178(7) becomes ambiguous. ORS 197.805 provides: "It is the policy of the Legislative AB- semblythat time is of the essence in reach- ing final decisions in matters mvolving land use and that those decisions be made con- sistently with sound principles governing judicial review. It is the intent of the Legislative Assembly inenaeti.ng ORS 197.805 to 197.855 toaceomplish these ob- jectives." [~] ORS 1970825& grants to LUBA ex- clusive jurisdiction to review land use deci- "(a) Is limited to those cases in which the petitioner has exhausted all remedies available by right before petitioning the board for. review; "(b) Is subject to the provisions of ORS 197.- 8S0 relating to judicial review by the Court of Appeals; "(c) Does . not include those matters over which the department has review authority un- der ORS 197.430 to 197.455. 197.649 and 197.- 650; "(d) Does not include those land use decisions of a state agency over which the Court of Appeals has jurisdiction for initial judicial review under ORS 183.400. 183.482 or other statutory provi- sions; COMPASS CORP. v. CITY OF LAKE OSWEGO . (:Ueu178 P.2cI 403 (Or. .994) mons or limited land use decisions.' ~ew procedures before LUBA, and the procedures for judicial revieW of LUBA final orders, are cont.J:olled by abbreviated statuto- ry time limits. ORB 197.830; 197.840; 197.- 850; 197.855. Those limits are designed to accelerate the LUBA reviewproeeas. No similar time limits apply to a mandamus pro- ceeding under ORB 227.178(7) or to an ap- peal from that proceeding to the Court of Appeals. . That eircwnstanee,.standing alone, does not render ORB 227.178(7) ambigUous because, as we diseUss below, ~e mandamus remedy is not d~ed to pl'Ovidereview of a ~oeal goVernment's land use decisions or lim- ited larid use decisions. [7] The LUBA review statutes,' unlike ORB 227.178(1), do not impose'oncities any procedural requirements or deadlines for fi- nal action on land use applications. . Those statutes do: Dot cite ORB 227.178('1) or ex- pressly address the. oircuit court's authority to compel an approval. in a mandamus pro- ceeding Under that. statuta. . '.(e) Does not include any JUles, ~, de, cisions. . deteimlnations or activities camed out under ORS 527.610"to. 527.770, 527.99O(1)'and 527.9921 'and .'.::' "(0 Is subject to ORS. 196.115 for any county IaDduse d~on that may be reviewed bY the Columbia RiVer Gorie'CODiaUaiOn:~ to sections IO(c) or 15(a)(2) of tbe-ColuDifiia 'River Gorge National Scenic ~: Act. P.L. 99-663. "(3) Notwithstanding subSection (1) of. this section; the 'clrtiiit . COUrts of this state retain jtuisdiction: .. '. . ,"(a) to grant declaratol)'. iQjunctive, or, man- datory relief in proce;edinp arisjng from deci- sions described in OKs 197.015(10)(1)) or pro- ceedings brought to enforce the provisions' of an adopted comprehensive plan or bpul use regula_ tions;' and " . . "(b) To enforce orders of the bOard in appro- priate proceedings' brought . by.. the board ora party ,~o the board proceeding resulting in the order. 6. ORS 197.015 provides. in part: "As used in ORS chapters 195, 196 and 197, unless the context requires otherwise: u...... "(10) 'Land use decision': "(a) Includes: "(A) A final decision or determination made by a local government or special district that con- cerns the adoption; amendment or application' of: "(0 The goals; "(ii) A comprehensive plan provision; ...,..\,.,....,.~,~r.q.~.~\~,.:,,~.-:.~.~.:O'.O'.~'.-7..':~)...,'.,...., _,"._. ,_"', ,.' . Or. 407 [8] . In reviewing a local government's de- ciaion to approve a land Use application, LUBA may determine, among other things, whether the decision violates the eomprehen- sive plan or land use regulations. ORB 197.- 835. That inquiry bears some resemblance to the circuit court's inquiry under ORB 227.- 178(7) to determine whether a city has ear- ried its burden to. show -that an approval would violate the eomprehensive plan or land use regulations. However, as the following discussion suggests. those . inquiries are. not identical. [9] . LUBA reviews a local government decision. The predicate for a inandaDlUS proceeding under ORB 227.178(7) ~ th~ loCal government's failure to make a iimely fii1al decision on an appli~tion. Because the'lOC8I government has failed'to makea~ '"decision, the' mandamus, .proeeediog is not ~. proCeSs fo! ~ of~local. ~imf8 d~clsi()~ Addit,ionally, _ . diff'~t standards contt:ol the det:emrlnations, by ~UB~ and the circuit -"(ill) i.: land use regulation;' or '_. "(iv) A new landUS'e regulation;" or. . "(8)'A ~ decision 9rdeterminatiol1qf a sta~ agency oth~ than the commissiqn with. respect to whiCh the agency is required to apply the' goa)s;md '.' ',... .'- . . .'(bY Does not, include a deciSion ofa ',local. government:. . '~(A) WhiCh is made under land use standards whIch"do not require' interpretation or the exer- cise of policy ot legal judgment; "(8) Which approves or denies a building per_ mit issued under cle,ar and. ~bjectiv<<= land. ~ standards;. . , .. "(C) Which is a limited. land use decision; 01'" ..'(D) Which determines final ~gin~ng de~ sign. construction, operation, main~nance, re- pair or preservation of a transportation facility WhiCh' is otherwise authorized by' and 'consisteht with the comprehensive plan and land use regu- lations; and "(c) Does not include a deciSion by a school district to close a school. :,' ~ . . ,. III ..". ". . "(I2) 'Umited land use decision' is a final decision or determination made by a local gov- ernment pertaining to a site within an urban ,growth bounduy which concerns: . "(a) The approval or denial of a subdivision or partition, as described in ORS chapter 92 _ . "(b) The approval or-denial of an.application based on discretional)" standards designed to regulate the physiCal characteristics .of a use per- mitted; outright, including but not limited to site review and design review." , ~ ,~ 15E ... ': j I j: i~' f7'.~.i. ; F."'...-:.".....,..-,.,.~~...:V'!l...,.,...."~.,,..,~. U ..... -" ...~. .. .- .. 'i 'I :1 I i i " io "' ~.~~~ " " I 408 Or. "878 PACIFIC REPORTER,'2d SERIES '1'5E. '. I 1 . . court, of whether an' approval of atand use application complies with the comprehensive plan and land use regulations; Under ORB 197.829,~UBA must affirm a lOCal gov- ernment's interpretation of those provisions unless it is not consistA!nt with the express wording, purpose, or policy of those provi- sions, or of a state law that those provisions' implement. By contrast; under ORS ~.- 178(7), "[t]he \Vrit shall be issued unle88 the gov- ernifl{l body shows that the approval would violate a substantive provision of the city comprehensive plan or land use regulations as d~fined in ORS 19'7.015," (Emphasis' supplied.) The two schemes could, conflict if the city's belated .decision rendered the mandamus proceeding moot. As the Court of Appeals noted in Edf&61/ t1. Colu~ County B.QO.nl of Commiasion6r8, supra. 119. Or -^pp. at 10, 849 P.2d 1l25, the nu,ndsunlJA statute and the . LUBA statutes are silent about whether a city's be1ateddecision to deny an application affeets the eireoiteourt's mandamUs jurisdic- tion. The Court of Appeals concluded that such a decision by a city prevents the court from issuing a writ, reasoning that there is no reason to force a city to make a second decision. According to that court, once the city makes a decision, even a belated one, the purpose of the mandamus statute bas been satisfied, and there is no need to resort to court. [10, 11] That reasoning overlooks the ap- plicant's statutory right, not merely to an order that roles on the application, but to an order coinpeUifl{l an approval. If a city could avoid the mandamus remedy by deny- ing the application on the eve of a court hearing, the incentive to make a timely deci- sion within 120 days would disappear. Prop- erly viewed, the approval action that the COurt compels through mandamus is not a 7. ORS 197.829 provides: "The Land Use Board of Appeals shall affirm a local government's interpretation of its com- prehensive plan and land use regulations, un- less the. board determines that the local gov- ernment' 5 interpretation: "0) 15 inconsistent with the express lan- guage of the comprehensive plan or land use regulation; second decision by the city; it is an action that the ~w requires as a consequence of the city's Violation of the l2O-day deadline. For that reason, a belated decision. to deny: aD application does not render moot the appli- cant's claim to the mandamus...JMereDledy. Under our analysis, the absence of wording in ORS 22'1.178 or the LUBA statutes ad- dressing the effect of a belated. denial does not ereate an ambiguity regarding the court's authority to issue a writ of. mandamUs. [12] Our review of the text and context of ORS 22'1.178(7) leads us to conclude that the legislature's intention behind that statute is clear. It Creates a remedy...:.a judicially com- pelled approvaI-for a city's violation of the l2O-d9 deadline in ORS 227.178(1). The applicant's right to .that remed.yls not affect- ed by the city's decision, after. the 12O-day period bas expired, to deny the. application. Nothing in. the other statutes that relate to the same subject, including the LUBA review statutes, creates an ambiguity 88 to the legis- lative intention regarding the eireoit. court's authority under these eircuJnst;ances It fol- lows . that the COurt of Appeals en-ed in holding that City's belated denial of ~.ap- plication deprived the circuit court of authori- ty to grant a writ of mandamus requiring approval.of the application. We reverse the Court of Appeals' decision in that regard. Because the Court of Appeals disposed of this ease. on jurisdictional grounds, it did not address City's other assignment of error. We remand the ease to the Court of Appeals so that it may address that assignment of error. ,I The decision of the Court of Appeals is reversed. The ease is remanded to. the Court ofAppeaIs for further proceedings. "(2) Is inconsistent with the purpose for the comprehensive plan or land use regulation; "(~) Is incoMistent with the underlying polio cy that provides the basis for the comprehen- sive plan or land use regulation; or "(4) Is con~ to a state statute, land use goal or role that the comprehensive plan provi- sion or land use regulation implements." t I ,,. . 15F MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator IAfb SUBJ.: League of Cities Conference Registrations DATE: October 4, 1994 The 1994 League of Oregon Cities (LOC) annual conference will be held at the Jantzen Beach Red Lion Inn in Portland on November 19 through 21, 1994. At this point, each of you should have received (directly from LOC) a flyer containing the program outline and registration materials. Anyone interested in attending all or a portion of the conference should contact me as soon as possible and, preferably, no later than October 21, 1994 so that proper arrangements can be made. Please bring us the registration form that you received so that it can be completed and appropriate registration fees calculated. Funds are budgeted in the Council/Mayor portion of the city budget for this conference and/or similar council-related activities. ~ MEMO TO: City Council through City Administrator for Information FROM: Public Works Program Manager4 ft-- SUBJECT: Water Update on Total Coliform DATE: October 10, 1994 Results from samples taken on October 10, 1994 showed a positive result from the Water Division sample point on Wilson Street but negative results from samples taken from two house connections. These two house connections were as far away from the sample point as State Health Division rules allow. Staff feels that the problem is isolated to a very small area around the sample point. It has been decided, in consultation with the Health Division, to chlorinate the supply lines in the immediate vicinity of the sample point. This will disinfect the lines and should eliminate the coliform bacteria that are leading to the positive results. Where possible, along the chlorinated section of line, the chlorinated water will be drawn into the home systems. This action will be closely coordinated with affected homeowners. Again NO samples contained any fecal or E. Coli type bacteria. Staff will continue to closely monitor the situation in consultation with the Health Division. RR:lg C: \RANDY\MEMOS\COl I FORM ~ MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator ~ Tentative Awarcl of BJA Grant SUBJ.: DATE: October 10, 1994 In the next few days there will likely be media reports that the City of Woodburn has been awarded a 3-year $150,000 federal community policing grant ($50,000/yr.). Police Chief Ken Wright was notified by federal officials Friday afternoon, October 7th. A formal ceremony in Washington, DC is scheduled for Wednesday, October 12, 1994 at which time President Clinton will sign the appropriations bill. This grant award poses a "pleasant dilemma" for the city. As councilors will recall, the 1994-95 proposed budget, presented last January, made allowance for this same BJA grant, which would fund two additional police patrol positions. A local matching share of some $36,000 (per year) was included in the proposed budget. Upon learning that the grant application was not funded last spring, the 1994-95 budget was adopted with the local matching portion reallocated, and some additional dollars added, to add one full-time patrol position outright without benefit of the BJA grant. Consequently, as we receive word of this belated tentative grant award, our 1994-95 budget is in effect without an allowance for the $36,000 local match for the BJA grant. Staff will further investigate our alternatives in this regard and keep the council advised. At the present time, our options appear to be as follows: 1. Find $36,000 in "new" money in Fiscal Year 1994-95 with the certainty that the same commitment can be continued through the following two fiscal years. 2. Pursuade federal officials to allow the grant to be deferred until July 1, 1995 (the next fiscal year), allowing the city an opportunity to budget for this continuing cost during 1995 budget deliberations. 3. Decline the BJA grant because adequate local matching funds are not available. While Option 1 would be ideal, Option 2 is the most likely scenario (if the acceptance date can be deferred). Option 3 has to realistically remain a distinct possibility. In separate discussions with Chief Wright and also Mayor Kelley, we are - Page 2 - Tentative BJA Grant Award (10/10/94) in agreement that this opportunity must be approached very carefully to avoid over- committing the city's resources. The council will have to look closely at a number of factors, including at least three measures appearing on the November 8, 1994 General Election ballot (measures 5, 15 and 20), in determining whether the city will be in a position to make the commitment to accept the grant and sustain that commitment over a subsequent three year period. On the positive side, Chief Wright and the Police Department, particularly through the grant-writing efforts of Lt. " Paul Null, are to be commended for successfully applying and competing for, and winning, this significant federal grant. A more thorough report on our options will be provided at the next Council meeting. .r , . DEPARTMENT OF JUSTICE Fax Memo DATE: October 7, 1994 TO: Woodburn Chief of Police Kenneth Wright FAX: 503-982-2370 FROM: Attorney General Ted Kulongoski RECtO OCT U 7 .. Vf\lvUSURN POLICE DePT. CONGRATULATIONS! I just heard {rom a friend of mine at the White House the good news that you and your department will receive $150,000 in Community Policing funds for two officers. This is great news, Chief, not just for you and your community, but for all of Oregon. Best personal regards. U