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Agenda - 02/10/1992 AGENDA WOODBURN CITY COUNCIL FEBRUARY 10, 1992 - 7:00 A. PM g w CALL TO ORDER AND FLAG SALUTE ROLL CALL MINUTES A. City Council minutes of January 27, 1992. 3.~A B. Planning Commission minutes of January 30, 1992. 3__~B C. Park Board minutes of January 30, 1992. 3C D. Library Board minutes of January 22, 1992. 3D APPOINTMENTS AND ANNOUNCEMENTS ANNOUNCEMENTS A. Cable TV Advisory Board meeting - Wednesday, Feb. 12, 1992, 7:00 PM at Woodburn City Hall. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign COMMUNICATIONS A. Written - Letter from Barbara Lucas regarding Planning Commission action in Site Plan 91-04 - Retail Store. 6_~A B. Written - Letter of appreciation from HWI. 6._~_B 7. BUSINESS FROM THE PUBLIC (This allows public to introduce items for Council consideration not already scheduled on the agenda.) 8. PUBLIC HEARINGS A. Supplemental Budget for FY 91-92. 9. TABLED BUSINESS Page I - Woodburn City Council Agenda - February 10, 1992 10. 11. 12. 13. 14. 15. GENERAL BUSINESS A. Council Bill No. 1368 - Ordinance adopting supplemental budget for FY 91-92.. Council Bill No. 1369 - Resolution authorizing transfer of operating contingency. Council Bill No. 1370 - Resolution calling for a public hearing on annexation of certain property. (7 Oaks Subdivision) Council Bill No. 1371 - Resolution authorizing Police Mutual Aid Agreement. E. Approval of salary step increases. APPROVAL OF CLAIMS PUBLIC COMMENT NEW BUSINESS SITE PLAN ACTIONS A. Al's Fruit and Shrub remodel. B. Four-unit apartment complex - N. Third St. 16. STAFF REPORTS A. 1992 OLCC Relicensing Report. B. Building Activity Report for January 1992 C. Code Enforcement Report for January 1992. MAYOR AND COUNCIL REPORTS 17. ADJOURNMENT Page 2 - Woodbum City Council Agenda, February 10, 1992 10A lOB 10C 10D 10E 14A 14B 15A 15B 15C TAPE READING COUNCIL MEETING MINUTES January 27, 1992 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 27, 1992. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kyser presiding. 0012 ROLL CALL Mayor Kyser Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Sifuentez Present Councilor Steen Present Staff Present: City Administrator Childs, City Attorney Shields, Finance Director Gritta, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Recreation & Park Director Holly, Public Works Program Director Rohman, City Recorder Tennant. 0020 MINUTES. JENNINGS/FIGLEY... approve the Council minutes of January 13, 1992 and accept the Park Board minutes of January 14, 1992 as written. The motion passed unanimously. 0027 APPOINTMENTS - PARK BOARD. Mayor Kyser recommended the reappointments of Sue Fofana-Dura, Jack Mitchoff, and Lynda Hamilton as Park Board members with their terms expiring on December 31, 1994. JENNINGS/FIGLEY ....reappointments be approved as recommended. The motion passed unanimously. OO45 The Cable Television Advisory Committee will hold a public workshop on Monday, February 3, 1992, 7:00 p.m., City Hall Council Chambers, for the purpose of receiving public input on improvements and/or changes to the existing Cable TV franchise ordinance. Page I - Council Meeting Minutes, January 27, 1992 TAPE READING COUNCIL MEETING MINUTES January 27, 1992 .0O60 OO65 0115 PROCLAMATION - CATHOLIC SCHOOLS WEEK. Mayor Kyser proclaimed January 26 - 30, 1992 as Catholic Schools Week and advised .the public that the proclamation is posted on the bulletin board in City Hall. CHAMBER OF COMMERCE REPORT. Dan Glennon, representing the Chamber Board, advised the Council of the following upcoming activities: 1) Casino Night - March 13, 1992; 2) Shadow program for High School students - during the month of February 1992; and 3) Distinguished Service Award Banquet - February 4, 1992 at 7:00 p.m.. PUBLIC INPUT HEARING - PROPOSED INCREASE IN TAX LEVY AUTHORITY. 0376 Mayor Kyser declared the hearing open at 7:05 p.m,. Attorney Shields briefly reviewed certain legal information pertaining to the intent of the new hearing process as required under new state legislation which requires tax coordination between non-school units of local government. He stated that the public notice' provided for a tax levy authority amount not to exceed $2,856,446. He suggested that the Council continue the public hearing to another date if a recommended amount differs from the published amount. The staff would republish the hearing notice based on a newly established specific tax levy authority amount. Kathy Figley, Chairman of the Budget Committee, read a memo to the Council advising them that the Budget Committee has recommended a total 1992-93 tax levy authority of $2,569,358 which is 6% over the current tax levy authority of $2,423,922. She also stated that the Committee is reviewing the budget and specific cuts would be required to balance the budget within the recommended amount. In addition, she stated that not all of the Committee members are comfortable with the proposed amount. Administrator Childs reviewed his computer models which provide for a breakdown of estimated taxes to be received by the City utilizing a 6% tax levy increase, a 9.7% tax levy increase, and the maximum tax levy increase as stated in the public notice. Kevin Hendricks, Woodburn Rural Fire District Chief, presented a letter to the Council stating that it was the Fire District's position that all non-school units of local government supported by property taxes should not increase their total tax levy authority by more than 6%. The letter also summarized the loss of revenue anticipated by the District if the City were to levy a 6% increase, a 9.7% increase, and the maximum levy as submitted under the tax coordination plan. Mayor Kyser expressed his concern regarding the City's inability to provide necessary services to the community under the limitations imposed by the recommended $2,569,357 tax levy. Bill Costine, 1740 Rainier Rd., questioned the staff regarding the specific cuts to the City departments in order to balance the budget with the recommended tax levy. Page 2 - Council Meeting Minutes, January 27, 1992 TAPE READING COUNCIL MEETING MINUTES January 27, 1992 1044 1 O83 Administrator Childs stated that the Committee has not made any specific cuts at this time and the Committee will continue to meet in order to make the adjustments necessary to balance the proposed budget. Following a brief discussion, HAGENAUER/SlFUENTEZ... tax levy authority be $2,660,000. Councilor Jennings expressed his opinion that the Council should not reverse the recommendation of the Budget Committee. Attorney Shields stated that if the motion passed, the Council should continue to the hearing until a later date so other taxing districts could provide input on the effect the proposed tax levy would have on their jurisdiction. Following additional discussion on the issue, the motion and second were withdrawn. FIGLEY/SIFUENTEZ .... continue the public hearing to February 6, 1992, 7:00 p.m., for the purpose of allowing the Budget Committee, all 12 members, to discuss specifics of budget cuts proposed for either the figure tentatively arrived at last Thursday or any other figure under that submitted in the hearing not to exceed the amount in the notice. The motion passed 4-2 with Jennings and Galvin voting nay. COUNCIL BILL 1365 - ORDINANCE RELATING TO THE SUBDIVISION AND 1127 PARTITIONING OF LAND WITHIN THE CITY. Council Bill 1365 was introduced by Hagenauer. The two readings of the bill were read by title only since them were no objections from the Council. On roll call vote for final passage, Council Bill 1365 passed unanimously. Mayor Kyser declared the bill duly passed with the emergency clause. COUNCIL BILL 1366 - RESOLUTION APPROVING THE PARATRANSIT PLAN. 1157 Councilor Hagenauer introduced Council Bill 1366. 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 Kyser declared Council Bill 1366 duly passed. COUNCIL BILL 1367 - RESOLUTION AUTHORIZING BEAUTIFICATION LEASE WITH SOUTHERN PACIFIC RAILROAD. Council Bill 1367 was introduced by Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Jennings stated that he would vote in favor of the lease, however, he disagreed with the annual lease payment to SPRR since the City is required to maintain the trees. On roll call vote for final passage, the bill passed 5-1 with Councilor Galvin voting nay. Mayor Kyser declared the bill duly passed. Page 3 - Council Meeting Minutes, January 27, 1992 TAPE READING COUNCIL MEETING MINUTES January 27, 1992 1218 .1249 DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) LOAN APPLICATION. Public Works Director Tiwari requested Council authorization to apply for a $300,000 loan for engineering services to be performed in fiscal year 1992-93. The loan would not accrue any interest charges if it is repaid within 5 years and it is anticipated that a bond sale for construction and/or improvement of the wastewater facility would be finalized within the 5 year period. JENNINGS/FIGLEY .... approve the DEQ loan application. The motion passed unanimously. CONTRACT AWARD - WASTEWATER TREATMENT PLAN LOCAL LIMITS 1310 1377 CALCULATION. Bids were received from the following engineering firms for the purpose of calculating local limits which relate back to each industry: CH2M Hill, $17,116.99; and HDR Engineering, $42,296.00. JENNINGS/SlFUENTEZ... award the contract to CH2M HILL as recommended by staff. The motion passed unanimously. ACCEPTANCE OF WATERLINE EASEMENTS. 1) The staff recommended the acceptance of the following waterline easements located along the north side of Hardcastle between Mill Creek and Highway 99E: Richard Jones, Rosendo and Anudelia Marquez, Anthony and Shiela Caragol, Nikifor Snegirev, Richard J. IIg, Sophia Usoltseff, Victor and Valentina Misyuk, Orrin and Kerin Ostrom, First Free Methodist Church of Woodburn, and Ford V. Husfloen. JENNINGS/FIGLEY... accept the 10 waterline easements along Hardcastle Avenue. The motion passed unanimously. 2) The staff also recommended the acceptance of a waterline easement which runs easterly from Progress Way on property owned by Earl & Donna Doman. JENNINGS/FIGLEY .... accept the waterline easement from Earl & Donna Doman. The motion passed unanimously. REQUEST FOR CONNECTION TO CITY SEWER SYSTEM. Public Works Director Tiwari briefly reviewed the request from property owner Hazel Smith to allow extension of water and sewer lines to 100 Ben Brown Lane which is located outside of the city limits but within the Urban Growth Boundary. The property owner would be responsible for all the costs associated with the line extensions, the full connection fee for each utility, and the monthly utility bill at 1.5 times the established rate. JENNINGS/SIFUENTEZ .... allow the property owner to connect to the city's utility lines. The motion passed unanimously. Page 4 - Council Meeting Minutes, January 27, 1992 TAPE READING COUNCIL MEETING MINUTES January 27, 1992 1465 1515 1535 1580 CLAIMS FOR THE MONTH OF DECEMBER 1991. SIFUENTFT/GALVlN... approve claims #12548 - #13256 in the amount of $466,112.71 for the month of December 1991. The motion passed unanimously. Councilor Sifuentez advised the Council that she would be unable to attend the budget meeting on January 28th and January 30th. In regards to the proposed tax levy issue, Mayor Kyser expressed his opinion that increasing the Fire District's tax levy by 6% does not have the same effect as the City's tax base since the district is currently operating on over a $1,000,000 tax base. ADJOURNMENT. The meeting adjourned at 7:50 p.m.. APPROVED Fred W. Kyser, Mayor A'I-I'EST Mary Tennant, City Recorder City of Woodburn, Oregon Page 5 - Council Meeting Minutes, January 27, 1992 MINUTES WOODBURN PLANNING COMMISSION January 30, 1992 1) 2) 3) 4) ROLL CALL: President Commissioner CommissIoner Commissioner Commissioner Commissioner Commissioner Commissioner Mr. Johnson Present Mr. Vallieres Present Mrs. Warzynski Present Mr. Park Absent Mrs. Henkes Present Mr. Rappleyea Present Mr. Guerra Present Mr. Bauer Absent Staff Present: Steve Goeckritz, Community Development Director Barbara Sochacka, City Planner Randy Rohman, Public Works Program Mgr. MINUTES: The Planning Commission minutes of December 12, 1991 were approved as written. The Woodburn City Council minutes of December 9, 1991 were accepted as presented. BUSINESS FROM AUDIENCE: None COMMUNICATIONS: None pcm-1/30.sg.bw s) PUBLIC HEARINGS: Centennial Subdivision 90-01 Flurry Stone & Associates Staff read the necessary statement to begin the public hearing. He read off the necessary criteria for this proposal. He stated the proposal was revised to 20 lots, located on East Hardcastle and zoned Single Family Residential. Staff recommended to the applicant a re-figuration of the "T" accesses. Staff recommended approval with all conditions listed in the staff report. Commissioner Guerra asked for clarification on the waterline size for this area. Staff answered that the pipe size was adequate for the existing development as well aS future development. There were no comments from the applicant or from the audience. President Johnson closed the public hearing. Commissioner Warzynski made the motion to approve 90-01 revised subdivision with conditions. Commissioner Vallieres seconded. A vote was taken and Subdivision 90-01 passed unanimously. DALE BAKER DEVELOPMENT PROPOSAL 1) 2) 3) 4) 5) Urban Growth Boundary Amendment 91-01 Annexation 91-02 Comprehensive Plan Map Amendment 91-02 Zone Map Amendment 91-02 Preliminary Subdivision Proposal 91-04 Staff read the necessary statement to begin the public hearing. He submitted a 33 page staff report into the record. Staff stated that the applicant, Dale Baker, wished to subdivide his 10 acre parcel into 37 lots. Staff stated that in order for this proposal to receive water and sewer services from the City, it must be inside the city limits. To accomplish this objective requires the city to look at 4 separate land use actions that must be reviewed by the Commission and by the City Council. The four objectives that must be met are 1) Urban Growth Boundary Amendment pcm-l/30.sg, bw 2 2) Annexation to the City, 3) Amend the Comprehensive Plan and Zoning Map, 4) Replat of Seven Oaks Subdivision. Staff explained that by adjusting the urban growth boundary the applicant will realize greater density of his property. Staff went over the justification for the change in the UGB. He also went over the justification for the Annexation, 1) Need, 2) adjacent to the existing city limits 3) will provide land for diversified housing need, 4) reflects a land use designation as Single Family Residential, 5) insures adequate land available to accommodate all economic sectors, 6) allows extension of public services. Staff recommended approval of UGB amendment and Annexation. Staff explained the criteria for the Comprehensive Plan Map and Zone Map- amendments. 1) need shown, 2) property will meet the need. Staff comments were 1) the property lies adjacent to city limits, 2) adjoining properties are occupied by Single Family Residential uses, 3) Property vacant except for four existing residential homes, 4) will be developed as residential subdivision, 4) need for city infrastructure, 5) need for residential development in West Woodburn. Staff recommended approval. Subdivision/Variance, the variance is for a 30 foot improved service access to rear lots, with parking on one side of the driveway. It will be the developers responsibility. Staff stated that there are 7 pages of conditions the applicant must meet. Commissioner Vallieres asked if sidewalks would be on the 30 ft improvement. Staff answered that the driveway access improvements consisted of paving and curbs. Commissioner Rappleyea asked about the 'T' access being allowed on this. lot and not on the other subdivision earlier. Staff answered that these driveway accesses were 30 ft. wide and larger for turning around capability. Don Kelly, Attorney 110 N. Second Street, Silverton, representing the applicant, stated that staffs comments exemplifies the time and effort that staff has spent on this project. He gave a brief history of the existing subdivision. He talked about Senecal Estates need for another access also. pcm-1/30.sg, bw 3 He stated that the basis for the variance is the existing location of road. He explained the developer wished to keep is as natural as possible, trees, etc.. He explained the need for the 'q~' accesses, the parking on one side of the access, no parking signs on the other side. He stated that the developer was at the present time talking to the public works department as to a delay for the southern sewer line being put in until needed. Commissioner Guerra asked if the 30 ft. variance on the southern part of the subdivision would have curbs. Mr. Kelly answered yes. President Johnson asked about the 8" sewer line to the south. Mr. Kelly answered that the applicant was in negotiations with the Public Works Department as to exactly when the line would need to be put in. Carl Kutsev, 16575 Butteville Rd., asked for the minimum of sq. ft. of the homes to be placed in the subdivision. He felt that these future homes should be as large or larger than the existing homes in the area. He asked if the road would only be widened on Mr. Bakers property. Staff answered that the homes would be 1600 sq. ft. or more and the Butteville Road improvements would only be on Mr. Baker's property. Harold Adkins, 16605 Butteville stated he has concems about Butteville Rd. It would have to be widened. He asked if the road would be widened on both sides or only on the city annex only. Staff answered that a transportation model is currently being prepared. Butteville Road is being looked at as an arterial and primary access. The developers are being asked for the extra property for the future widening. Keith Shrock, 1225 Hardcastle, stated he has a lot in Carson Park, the property bordering the subdivision. He was concerned about the lot size and the traffic on Butteville. Tom Pidell, 1474 June Way, stated he also owns a lot in Carson Park. He had concerns about traffic. He would like to know more details about the proposal and size of homes. He felt this proposal was the wrong way to. go about handling the traffic situation. pcm-1/30.sg.bw 4 Don Kelly replied to concerns citizens had. He stated that the existing homes were 1500 sq. ft. Mr. Baker plans a deed restriction that each new home must be a minimum of 1600 sq. ft. or more. He agreed that widening only one side of Butteville Road was not reasonable. He stated that if the development is built or not built, Butteville road will need to be improved. If this proposal is built the developer will have to pay for the improvement in front of his property. As for the traffic, he stated that it depended on where Senecal Estates residents were going as to where they would exit. the area. There were no more questions from the Commission members The public headng was closed. President Johnson asked about curbs and sidewalks along Butteville. Staff answered that those improvements would have to be made along the front of this property. The applicant is negotiating with Public Works Depart as to when this would be completed. President Johnson asked if the improvements would cost the city any money. Staff answered no, the developer would be responsible for all the improvements. CommissiOner Vallieres made the motion to approve Urban Growth Boundary Amendment 91-01 with staff recommendations. Commissioner Warzynski seconded the motion. UGB 91-01 passed unanimously. Commissioner Guerra made the motion to approve with conditions Annexation 91-02. Commissioner Warzynski seconded the motion. A vote was taken and Annexation 91-02 passed unanimously. Commissioner Warzynski made the motion that the city amend their Comprehensive Plan 91-02 and Zone Map 91-02 as recommended by staff. Commissioner Guerra seconded the motion. pcm-l/30.sg.bw 5 6) pcm-1/30.sg, bw Comprehensive Plan 91-02 and Zone Map 91-02 passed unanimously. Commissioner Vallieres made the motion to approve Preliminary Subdivision Proposal 91-04 with staff recommendation. Commissioner Henkes seconded the motion. Preliminary Subdivision Proposal 91-04 passed unanimously. President Johnson told the audience that this would go to the City Council with the Planning Commission's recommendations in March. Site Plan Review 91-17 Al's Fruit and Shrub Stand Staff stated that Al Bijge wished to enlarge the parking lot and green houses. He stated that the parking lot design meets staff criteria. Staff recommended approval with conditions listed in the staff report. , a customer of Al's, asked if there would be any left turn going in and out of the lot. Staff answered that with 99E improvements would be 5 lanes, 2 going North and 2 going South with a refuge turn lane. President Johnson closed the public hearing. Commissioner Warzynski made the motion to approve Site Plan 91-17. Commissioner Rappleyea seconded the motion. Site Plan 91r17 passed unanimously. REPORTS: Alternative Solution for West Hayes Street Staff went over the Planning Commission Motion and Recommendation regarding W. Hayes. 1) 2) 3) Physical Barriers Sidewalks Additional Signage to Control Traffic 6 4) 5) Increase Police Patrol Work With State on City's Transportation Model and East/West By- Pass. City staff come up with an additional alternative for West Hayes Street. Staff felt that this alternative should be put before the Commission for their review before putting this alternative before the City Council. Randy Rohman, Public Works Program Manager, stated that enforcement was the only way that speed could be controlled. He stated that Hayes Street was a Federal Aid Urban Street (FAUS). On FAU streets barriers would not be allowed. In working with the State Highway Department, they recognize that Hwy 214 is a problem. He explained the State Hwy. Dept's six year plan 93-98. It is still in the preliminary stage and public hearings would be held in the spring. The sidewalks and signage needed on Hayes' Street. Staff took a look at the entire length of Hayes Street. On the map posted it shows bike paths on both sides of the street and widening it with curbs and gutters all along the length of the street. This is a long term project. A short term project at the cost of $3,000 is to install walk ways and bike lanes along both sides of Hayes Street in Phase I between Cascade and Hayes, which covers all of the Senior Estates area. Signs would be put up at both ends of the development. Parking would be eliminated. There would a 11~,~ foot travel lane, which is what you have now with parked cars. A standard 8" wide strip for the bike way to separate the travel lane. Reflectors would be installed for night usage. He stated that safety was the main concern. There is an option of installing sidewalks on both sides of West Hayes at a cost of $45,000.00. President Johnson asked how far the no parking would be extended. Randy Rohman answered all along West Hayes. President Johnson asked if the no barrier situation could be appealed. Randy Rohman stated that he had not gone into depth. He stated that looking at it from a traffic view point these barriers are not known to slow traffic. Staff from the planning department stated that it was their understanding that an FAU designation could be altered. Randy Rohman stated that it could be dropped out of the FAU system. City Council could request the state drop it and the State Transportation pcm-1/30.sg, bw 7 could rule on it. West Hayes was added when the FAU (FAP system at that time) was initiated. Commissioner Guerra asked if aid money could be gotten to improve that street if it is part of the FAUS Randy stated that yes, federal money could be gotten for street improvements. He stated that FAU money was gotten for Cleveland Street. In the past work was done on Settlemier, Gatch and Park with money received from FAU. Commissioner Guerra asked if dropping this from FAU and putting barriers would jeopardize future funds. He asked if the proposal with a cost of' $3,000 was a cost to the City. Randy answered yes. President Johnson stated that this was not a public hearing, but it was going to be opened up as an informal hearing. He stated that comments should be focused to the current proposal, if there were any comments on the original recommendations they could possibility be addressed to. Mr. Schilling, 328 E. Clackamas, stated that he was concerned about safety, noise, no police protection. He stated that if a bike way was put on Hayes a new storm drains would need to be installed. When it rains it covers all but the middle of Hayes Street. He was concerned about the communication or lack of about last weeks meeting being canceled, no letter/phone call after he asked to be informed of hearings. He felt that if a citizen took the time to come to the hearing and speak he should be informed of the hearings. Uoyd Wilson, 130 W. Clackamas Circle, stated that he had concerns of' safety of children, he talked about children running out in front of cars at 2- 3 in the afternoon. He suggested I foot speed bumps. Ruth Herman Wells, 275 N. Third, stated that she was concerned about the lack of notification for residents who lived close to Hayes. She was very concerned about Woodburn growing. She felt that there should not be any access from Wal-Mart to Hayes Street. She was concerned that the Commission was not in touch with the community. Keith Woolen, 259 W. Clackamas Circle, stated he was concerned about neighbors. He read a statement about the beauty of Woodburn, making pcrn-1/30.sg, bw Frontage Rd totally commercial, Parr Rd being East/West arterial. He stated that Hayes Street should be ended as a cul-de-sac at Barclay Square Apartments. Don Mixell, 799 Oregon Way, read a letter addressed to Mr. Childs, City Administrator from the President of Senior Estates, Les Moore. Bill Costine, 1740 Rainier Rd, asked where would you go on a bike lane once you got to the end of it? he felt that requiring sidewalks in this area of Senior Estates was not fair, since sidewalks were not required in any other part of Senior Estates. He stated that Evergreen was built to eventually go through to Parr Rd. He stated that a 15 mile per hour speed limit should be posted on West Hayes from the school to Evergreen and. enforced by the police department. Steve Crosby, 2333 Hayes Street, stated he was concerned about Hayes Street being a collector street. He felt that more consideration should be given to the people on Hayes Street. He stated that the only car parked on Hayes was his when he moved in. He felt that Hayes should not be open to Wal-Mart. He stated that the police enforcement once or twice a week would be helpful. He talked about speed bumps on residential streets. He felt barrels and five foot sidewalks would deter from the beauty of the street. He stated that speed bumps, signs, police and a cul-de-sac would deter traffic. John Taylor, 2202 West Hayes, stated he wanted a clarification about FAU, there was no FAU monies used on Hayes. Randy Rohman answered no, but FAU money could be requested for improvements, it is still part of the FAU system. Mr. Taylor stated that the dividers could be used because Hayes Street was. not listed. Randy stated that what FAU meant was that it is eligible for federal cost sharing. Mr. Taylor stated he would like the dividers with a planter with flowers and 'shrubs. He stated that Senior Estates was special. He stated that Senior Estates had paid in over $100,000,000 dollars into the City for library, police and fire and he felt they were not being treated well. He stated that he goes into the construction site and looks at everything. He stated that there was a sign for annexation of 177 acres there was a sign for Lawson Street. pcm-1/30.sg.bw 9 pcm-1/30.sg, bw He stated that for Wal-Mart there was no sign. He asked if it was a law that a sign be posted. Staff answered no, that by law notification for 250' radius of the property. It is zoned commercial. It is a use that is allowed in the area. Wal-Mart is one of the permitted use. He stated that a Site Plan Review doesn't require signs posted because it was properly zoned and a permitted outright use. A zone change, annexation, etc, does require a sign posted. Staff explained the road proposal. Mr. Taylor stated that staff should have talked to all the people, they wouldn't have let Wal-Mart in to the city. He had concerns about their not being able to get out of their driveways. He stated that houses are not selling due to the expected traffic increase. Commissioner Warzynski asked that speakers be limited on time. Gloria Matthiesen, 2261 W. Hayes St., stated that she moved to Woodbum. due to it being a small community, safe and attractive. She was concerned about the traffic on Hayes. She felt that the walkways were not necessary and a waste of money. She stated that she did not want Hayes to continue to Wal-Mart. Barbara Lucus, 214 E. Clackamas Circle, stated that Mr. Tiwari talked at length with her about a FAU street. She stated it was done in 1974, no one was asked if they wanted to be put on the list. No money is available for 3 years for Hayes Street. She stated that Hayes Street could be taken 'off list by City Council. She stated that the state keeps telling us that because the street is designated FAUS it must remain open to handle the overflow traffic from Hwy 214. The State is telling us we can't do anything with our street. As for the cul-de -sac a vote was taken in July and the biggest majority voted to have a cul-de-sac at Barclay Square. The second biggest choice was to put some type of protective barrier around the golf crossings. She stated that if parking was banned on Hayes Street people will park on the other side streets. Monique Wettin, 235 W. Clackamas stated that she felt that all the. surrounding communities would funnel into Hayes Street to reach Wal-Mart. She referred to it as a double funnel. She feels that 50% of the Wal-Mart traffic will be on Hayes Street. She feels a cul-de-sac should be at Barclay Square. She feels that no more development until a solution can be reached. She felt that the Commission should take them seriously. She felt 10 that there should be a cul-de-sac at Barclay Square and no permits should be given until the city figures out a system of how to carry the traffic. Laton Campbell, Santiam Dr. stated that he was making a tape of Senior Estates and all their activities. He hoped that the Commission would not ruin the beauty of Senior Estates. Shidey Michael, stated that all through this thing they had asked for the cul-de-sac at Barclay Square. She stated that Steve stated "no cul-de-sac would be allowed in the city." She stated that this evening the Commission approved 'q"' streets which are the same thing as a cul-de- sac. She stated that the City should cul-de-sac Hayes and leave Senior Estates alone. (Staff Note: Commission allowed 'q~' driveway) Blanche Crawford stated that she was land/locked. She stated she drove a golf cart and couldn't get out on to Hayes and she can't cross Hwy 214. Everett Phillips, 1681 King Way, asked if the Commission had committed itself to Wal-Mart to not put a cul-de-sac at the end Hayes. Staff answered that this was one of the recommendations. Betty Popp, 796 Oregon Way stated that all the people who were here this evening had made it very clear they didn't want Hayes to be a main arterial. President Johnson stated that the purpose of the new testimony was to help the Commission. Commission Rappleyea made the motion to drop all the original recommendations, stating that all the people here were only interested in the cul-de-sac. He made the motion that the Commission recommend to City Council to consider if a cul-de-sac be put on West Hayes and more police enforcement. President Johnson stated that he felt that the other recommendation along with the new recommendation be sent to City Council. Commissioner Warzynski asked if the Commission made the 5 recommendations, could it be a new motion or amend the original motion. Staff answered amend. pcm-1/30.sg, bw 11 7) 8) Commissioner Rappleyea re-stated his motion to amend the original to increase police patrols, drop Hayes from FAUS list and consider a cul-de- sac at Barclay Square. Commissioner Warzynski seconded the motion. President Johnson - No Vice President Vallieres - Yes Commissioner Warzynski - Yes Commissioner Rappleyea - Yes Commissioner Guerra - No Commissioner Henkes - Yes The motion passed 4 yes, 2 no. President Johnson stated to the audience that the decision of the Commission was to: Amend the original to read to 1) increase police patrol, 2) drop Hayes from FAUS list, 3) consider a cul-de-sac at the end by Barclay Square. Site Plan Review 92-01 4 - unit apartment Staff suggested re-arrangement of parking. It is an outright use. Small development. This is for Commission information only. BUSINESS FROM THE COMMISSION: None ADJOURNMENT: There being no further business the Planning Commission meeting adjourned at 10:30 p.m. pcm-1/30.sg.bw 12 MINUTES WOODBURN RECREATION AND PARKS BOARD SPECIAL MEETING JANUARY 30, 1992 WOODBURN COMMUNITY CENTER 5:15PM CALL TO ORDER The meeting was called to order at 5:30 in the upstairs Conference Room of the Community Center by Director Holly. ROLL CALL Members Present: Sue FoFana-Dura, Barbara Rappleyea, Larry Watson and Dave Ott. Members Absent: Lynda Hamilton and Jack Mitchoff Staff Present: Director Nevin Holly; Shirley Pitt, Secretary; John Pitt, Parks and Facilities Superintendent. DISCUSSION Director Holly apologized for having to call a meeting at such short notice, however he had just received word that the Parks Department was being required to cut another $37,876 from their budget. This, the Director reported was a very difficult and frustrating task. The cuts are due tomorrow and it must be decided tonight just where they must come from. The Director presented 2 scenarios to the Board for their recommendation and input. (attached) Scenario 2 was discussed at length and it was the consensus that after losing two full time positions in last year's budget cuts they would prefer Scenario 1, keeping the Recreation Coordinator position in tact. They felt however, that if this scenado were recommended by them that job descriptions were necessary defining responsibilities of each position and requested this be discussed at the next regularly scheduled meeting. Concerns over youth programs were very prominent. All present expressed concerns. MOTION: L. WATSON: Moved that Director submit Scenario I to the Budget Committee. D. OTT: Seconded the Motion. Motion passed unanimously. Larry Watson stated that being forced to eliminate senior programs would hurt many senior's in the community that were unable to afford, or who were not a part of Senior Estates. He said he thought it was the role of the Department to serve all the community not just a part of it. ADJOURNMENT At 7:10 the Meeting adjourned. MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: January 22, 1992 ROLL CALL: Phyllis Bauer - Excused Nancy Bowman - Present Gloria Predeek - Present Jean Weatherill-Present Jan Zyryanoff -Present STAFF PRESENT: Linda Sprauer, Director Judy Coreson, Recording Secretary GUESTS: None CALL TO ORDER: Vice President Gloria Predeek called to order at 12 Noon. the meeting SECRETARY'S ~EPORT: DIRECTOR'S REPORT: The monthly Board minutes of December 11, 1991 were approved as submitted. Monthly Statistics: self-explanatory. The monthly statistics were OLD BUSINESS: NEW BUSINESS: Activities: A list of activities was distributed to the Board. The videos shown during the holidays were well attended. The library will be closed for the President's Day Holiday: Saturday, February 15 and Monday, February 17. Book Detection System: The electrician has made the necessary electrical changes for the system to be installed. We have received the first shipment of tags to be attached to library materials. Budget Committee: The Budget Committee meeting concerning the library's budget is scheduled for Thursday, January 23 at 7 PM at the library. Art Donated: Several framed donated by Dr. Larry Davis. art prints were The Law Library in Salem is distributing materials to public libraries to make the books more accessible to the public. The current Law Library does not have space to house more materials. Woodburn Public Library has received a copy of the Oregon Revised Statutes from them. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at 1 PM. Respectfully Submitted, reson Recording Secretary Library Board Minutes - 1/22/92 2 TO: DATE: Woodburn City Council January 23, 1992 RE: Site Plan 91-04 Retail Store My name is Barbara Lucas. I live at 214 E. Clackamas Circle, in Woodburn, Oregon. I live just three houses from W. Hayes Street. I wish to complain aboUt the decision made by the Planning' Commission when it approved the site plan for 91-04 Retail Store. I am complaining that the Woodburn Planning Commission did not ade- quately consider the adverse traffic impact that the store would have on my neighborhood. I think the Planning Commission should have considered the following excerpts from the Comprehensive Land Use Plan: IX Goals and Policies for the Land Use Plan A Residential Land Development Policies A-8 ~gh traffic generatinq non-residential uses should not ~e located in such a manner as to increase traffic flows on residential streets or residential collectors. B Commercial Land Development Policies B-2 Lands for high traffic generatinq uses (shopping centers, ~alls, restaurants, etc.) should be located on well improved ~rterials. The uses should provide the necesssary traffic control devices needed to ameliorate their impact on arterial ~treets. X The Land Use Plan B Commercial Lands Commercial lands also pose difficulty in deciding their ~rop~ ~ocation because of the high traffic which is generated ~LY__c__o.~mercial uses and the necessity for good transportation facilities imp~_o~e.meD.~M._T~e3__~_MQ__c_a_R__imp~ct qu~te sevmrmly 6n adjacent residential uses and th_i~_Jlll~st be considered ~ their location~ and esDecially in their zoninq. D '~ow Density Residential Lands Low density residential areas are the most sensitive land use ~nd must be intensively protected. In general they are not ~omDatible with commerci, a] and industrial uses and sometyp_e_ 6f bufferin~ technigue must be used to protect them. Also, arterials and other transportation corridors can severely affect the usefulness of low density residential areas. cc: City Council Planning Commission Planning Staff City Attorney Hen ware Wholes ers Inc. Member-Owned Distributor of PIardware and Building Materials  Nelson Road P.0. Box 868 · Fort Wayne, Indiana 46801 · Phone 219/749-8531 th~ ~1~. Fax Numbers: General PIWI Correspondence 219/493-1245 · Lumber/Building Materials 219/493-2296 January 31, 1992 Mayor Fred Kyser 270 Montgomery Street Woodburn OR 97071 Dear Mayor Thank you very much for participating in the grand opening of our new distribution center in Woodburn and especially thanks to you and Don for supplying the beautiful flowers. We used them Thursday, for our Board of Directors inspection tour on Friday, and our employee open house on Saturday. Everyone commented on how beautiful there were. Mayor, we appreciate all the help you've given us in finishing our project and I hope that it suits everyone in the area. We are certainly pleased with it. Best wishes to you. Don ^. ~olf Pres i dent ]U DISTRIBUTION CENTERS: Cape Girardeau, Missouri · Dixon, Illinois · Medina, Ohio Waco, Texas · Columbia, South Carolina · Portland, Oregon COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1991- 92, AND DECLARING AN EMERGENCY. WHEREAS, a supplemental budget is required under Oregon Revised Statutes 294.450 when the transfer of operating contingency appropriations within a given fund exceeds 15% of the total appropriations of the fund, now, therefore, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the supplemental budget for fiscal year 1991-92, as approved by the Budget Committee, is hereby adopted as set forth below. Section 2. That fiscal year 1991-92 appropriations are adjusted as follows: 9-1-1 COMMUNICATIONS FUND: 9-1-1 Development-- Transfer of Operating Contingencies (31-315-92100) ($194,000) Capital Outlay: Communication system (31-315-71009) $194,000 Section 3. That the City Recorder shall certify the supplemental budget to the County clerk and County Assessor of Marion County, Oregon, and shall file with the Department of Revenue, State of Oregon, a true copy of the supplemental budget as finally adopted in accordance with the Department of Revenue Administrative Rule OAR 150-294.480. Section 4. That if any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered. Page 1 - COUNCIL BILL NO. ORDINANCE NO. Section 5. This ordinance being necessary for the public peace, health and safety, in that the supplemental budget for fiscal year 1991-92 needs to be adopted prior to the expenditure of funds, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form :~'~'~'~ ~ 2'- City Attorney Date APPROVED FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder AI-I'EST Mary Tennant, Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. ORDINANCE NO. MEMO TO: FROM : DATE : SUBJECT: City Council through City Administrator Childs Mary Tennant, City Recorder February 3, 1992 Legal Fees - Pacific Northwest Development litigation RECOMMENDATION: Council approved the attached resolution which transfers General Fund operating contingency appropriations to the Non-Departmental Materials & Services category. .BACKGROUND: In regards to this particular litigation, the City agreed to pay for 1/2 of all legal fees, expenses, and settlements. In October 1990, a settlement agreement was reached and the Council authorized the transfer of operating contingency to the non- departmental materials & services category for the purpose providing sufficient appropriations to pay settlement costs and allow for $8,000 in outstanding legal fees. A final audit of the legal fees now indicates that the City owes approximately $14,261 out of a total of $16,823.57 due under the 50/50 apportionment. Since 1989, the City has paid a portion of the legal fees based on invoices submitted by Alexsis Risk Management, however, Alexsis did not bill the City on a regular basis and we are now faced with a large unanticipated expenditure in the 1991-92 budget. COUNCIL BILL NO. I~ RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 1991-92. WHEREAS, Oregon Revised Statutes 294.450 allows for the transfer of operating contingency appropriations within a given fund to an existing appropriations category within the same fund during the year in which appropriations are made, and WHEREAS, the General Fund requires a transfer of operating contingency appropriations to the Materials and Services category of Non-Departmental for additional legal fees incurred associated with the Pacific Northwest Development litigation, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That authorization is hereby given to transfer the following operating contingency appropriation: GENERAL FUND Transfer From: Operating Contingency (01-090-92100) $ 6,500 Transfer To: Materials & Services - Non-Departmental (01-090-60007) Approved as to Form.'~ '~ ~~..~.~'x~ City Attorney $ 6,500 Date APPROVED FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. COUNCIL BILL NO. RESOLUTION NO. /.~ ?0 A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF CERTAIN PROPERTY DESCRIBED HEREIN. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 222.120, March 9, 1992 at 7:00 p.m. is declared to be the time set for public hearing before the Woodburn City Council on whether the City of Woodburn shall annex that property referenced in Exhibit "A" hereto attached. Section 2. Pursuant to ORS PP2.120, no election is required on this issue. Section 3. Notice of said hearing shall be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city, and notices of the hearing shall be posted in four public places in the city for a like period. Approved asto form:'~."'~?'~~~~ 2--~.0- ¢2-- City Attorney Date APPROVED: Fred W. Kyser, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 1- COUNCIL BILL NO. RESOLUTION NO. ANX7OAKS Exhibit "A" Page I of 2 ]O~s. 39 ~21o06'54'E 426.~4 10~1.39 Exhibit "A" WOODBURN POLICE DE?ARTMENT 270 Montgomery Street Woodburn, Oregon 97071 98,2~-2345 Ken ~right . ChiefofPolice DATE: TO: FROM: SUBJECT: January 27, 1992 Mayor and Council Ken Wright, Chief of Police Mutual Aid Special Teams Without police agencies throughout the State of Oregon cooperating together, costs of services to each agency could very easily double or triple the current costs. For these past 10 years, the City of Woodburn has had a mutual aid agreement with other agencies and the City of Salem. In the past, our agreement has been renewed every three years. We are now proposing a perpetual agreement. Our current agreement expired June 30, 1991. Of the many resources the Salem Police Department possesses, it has made available their 'special teams, i.e. SWAT, Bomb Squad, and other highly specialized teams. These resources have been provided at little or no cost to user agencies and have provided much needed augmentation to the Woodburn Police Department. I would request and reconunend the City enter into the "Special Police Operations Teams" agreement with the City of Salem Police Department KLW/ils c: File COUNCIL BILL NO. /~ ~/ KESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A "POLICE MUTUAL AID AGREEMENT" AMONGST VARIOUS MUNICIPAL, COUNTY, AND STATE LAW ENFORCEMENT AGENCIES. WHEREAS, it is mutually beneficial for public agencies to supplement, coordinate, and support one another in the event of certain emergency situations, and WHEREAS, the community welfare is best preserved through such supplemental police support which would otherwise overtax the resources of a single jurisdiction during such emergency situations; and WHEREAS, Oregon Revised Statue Chapter 190 intergovernmental agreements for cooperation services; and authorizes such WHEREAS, the City of Woodburn has previously entered into such mutual aid agreements for said benefits: NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor is authorized to sign the Special Teams Agreement on: behalf of the City of Woodburn, a copy_ of ~h is aJ~hed hereto for reference. Approved as to form:~.~~ ~ City Attorney Date APPROVED: FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 1 COUNCIL BILL NO. RESOLUTION NO. CITY OF SALEM, OREGON City Hall / 555 Liberty St. S.E. Zip Code 97301-3503 POLICE DEPARTMENT Telephone (503) 588-6123 January 14, 1992 Chief Ken Wright Woodburn Police Department 170 Montgomery Street Woodburn, OR 97071 Dear Chief Wright Attached is the long-awa/ted revision to the "Special Teams Agreement". The only change to the agreement is under Article 5, which now makes the agreement perpetual. Previously the agreement was limited to three years, and that agreement expired on June 30, 1991. Please determine who has the authority to sign the agreement for your agency, sign both copies and remm one signed original to me as soon as possible. Please keep one copy for your records. Please excuse the delay but keep in mind that once these are signed, the agreement remains in force until the City of Salem or your agency chooses to cancel it. If you have any questions, feel free to call me at 588-6422. Sincerely, WK/dg Enclosures Operational Support Section STAGREE AGREEMENT FOR USE OF SPECIAL POUCE OPERATIONS TEAMS This Agreement is made between the City of Salem, an Oregon municipal corporation ("Salem"), and The CITY OF WOODBURN, an Oregon municipal corporation, ("User''), for the purpose of establishing terms and conditions for the use of Salem's special operations teams by User. This Agreement is entered into pursuant to ORS Chapter 190; and has as its further consideration the mutual benefits, obligations, reservations and protections herein contained. ARTICLE 1. - DEFINmONS 1.1. "Chief Officer'' means the User's Chief of Police, Sheriff, or other head of the User's law enforcement agency; or the person who, by law, administrative rule, or special appointment, is acting in that capacity in the absence of the permanent head of the agency. 1.2. "Consumables" means ammunition, food, and other materials used by a special team which, once used, are unsuitable for further use "as is." The term does not include fuel, lubricants, etc. consumed by vehicles used for transport of special teams and their equipment. 1.3. "Duty Commander" means the Shift Commander, Watch Commander, Force Commander, Station Commander, or other officer who is on duty as supervisor in charge of a law enforcement agency's operations. 1.4. "Incident Commander" means the officer assigned by Salem to supervise and command the operations of one or more special teams at an incident, and to have full command of all other law enforcement operations and activities within the incident perimeter. 1.5. "incident Perimeter'' means the geographic perimeter as established or modified from time to time by the Incident commander, and within which the Incident commander is in charge of all law enforcement operations. 1.6. "Uaison Officer" means a supervisory officer assigned by the User's Duty Commander to assist, coordinate, and maintain communication between the Salem Incident commander and the User's Duty Commander. 1.7. "Special Team" includes the Special Weapons and Tactics Team ("SWAT"), the Hostage Negotiations Team, the Hazardous Devices Team, and any other special capability team created by Salem to handle specialized high risk police operations and identified as a special team for purposes of this Agreement by Salem's Chief of Police. ARTICLE 2. - PROCEDURES 2.1. User may request the services of Salem's special teams only by direct request from its Duty Commander upon express approval of its Chief Officer. Such request shall be communicated directly by User's Duty Commander to Salem's Duty Commander, and shall include an explicit confirmation that User's Chief Officer has been informed of and specifically authorized that particular request. AGREEMENT - SPECIAL POLICE OPERATIONS TEAMS - Page 1 2.2. Salem's Duty Commander will respond to the User within 15 minutes whether a request will be honored or not. Salem, through its Chief Officer and Duty Commander reserve complete and sole discretion to grant or deny any request for the use of special teams. 2.3. Upon approval of a request an Incident Commander from Salem' Police Department will be assigned and officers assigned to comprise the team or teams. User will assign a Uaison Officer and notify Salem's Duty Commander. Salem expressly disclaims all responsibility for time of response. Arrival of individual team members in sufficient strength to assume operational responsibility for an incident is dependent upon factors such as availability of equipment, scheduled vacations and days off, other special assignments, etc., some of which are beyond Salem's control and others are within Salem's sole discretion and judgment as to priority of assignment. 2.4. Once Salem's Incident Commander arrives at the scene of the incident, the Uaison Officer will brief the Incident Commander and define the goals and objectives to be met in resolving the incident. The Incident Commander will assess the situation and inform the Uaison Officer of the necessary incident perimeter and any necessary preliminary operations which can be done by the User (road blocks, evaluation, intelligence gathering, establishing communications with utilities, etc.). When, in the judgment of the Incident Commander, an effective liaison has been established and sufficient special team personnel and equipment are ready, he or she will assume command of the incident and so notify the Liaison Officer. 2.5. User shall provide support, facilities, consumables, perimeter secur'~j, and other assistance as requested by the Incident Commander until command of the incident is reassumed by or relinquished to the User as provided in Section 4.1. 2.6. While in command of the incident, the Incident Commander shall have sole authority to direct and control special team members, and any User agency officers who may be given special limited duties within the incident perimeter. The User agency shall be responsible for maintaining perimeter security, and for all support operations. ARTICLE 3. - LEGAL STATUS OF PARTIES AND PARTICIPANT~ 3.1. The sole operational functions of the City of Salem, its Chief Officer, and Duty Commander are to review requests for special teams; and, if approved, assign an Incident Commander and team members. Once so assigned, the Incident commander and team members are agents of the User, and are entitled to indemnity and defense by the User pursuant to ORS 30.260 to 30.300 as agents of the User. ~.~.. Any and all employees of Salem involved in the selection, and equipping of the Incident Commander and team members do so as agents of the User, and are likewise entitled to indemnity and defense by the User pursuant to ORS 30.260 to 30.300. 3.3. Selection, assignment, discipline, and training of Salem's special team members, generally, is done without consideration of their use in such capacity by other agencies. Salem's Chief of Police, City Manager, and Common Council have in their discretion, chosen and approved the nature and level of training and qualifications of police command officers and special team members to suit what they believe to be the proper balance between available resources and public needs. User agrees that Salem makes its special teams and Incident Commanders available hereunder without any representation as to the suitability or applicability of their training, equipment, or qualifications in incidents outside the City AGREEMENT - SPECIAL POLICE OPERATIONS TEAMS - Page 2 of Salem; and acknowledges that Salem's discretion, through its officers, employees and agents, as to the fitness, training, equipment, character, and ability of its command officers and special team members is discretionary within the scope and meaning of ORS 30.265(3)(c). 3.4. To the extent it lawfully may under the Constitution and laws of Oregon, the User agrees to indemnify, defend, and save harmless the City of Salem, its officers, employees and agents from and against any and all claims, actions, and appeals arising out of or incident to User's use of Salem's personnel under this Agreement. 3.5. User shall reimburse Salem for the actual cost of any consumables used by special teams in connection with their operations under this Agreement. 3.6. Salem shall pay all salary and fringe benefit costs, including Workers' Compensation coverage as required by law and also including overtime compensation, if any, incurred with respect to its personnel furnished to User hereunder. 3.7. Any persons arrested by Salem police officers acting under this Agreement shall be deemed for all purposes, including provision of medical care as required by law, to be in the custody of the User and not Salem. ARTICLE 4. - TERMINATION 4.1. The participation of Salem's personnel in any incident may be terminated by: 4.4.1. The Incident Commander upon that officer's determination that the incident is resolved, and notification thereof to the Ualson Officer; 4.1.2. The Incident Commander when, in that officer's discretion and judgment, it appears that further participation of Salem personnel would represent an unreasonable risk to their safety or welfare, or to the safety of others not involved in the incident; 4.1.3. The User's Chief Officer or Duty Commander upon notice to the Incident Commander. 4.2. Upon termination of Salem personnel's participation in an incident, the Incident Commander shall notify the Uaison Officer of their withdrawal and the reasons therefor. Salem personnel shall thereafter have no further authority or responsibility with respect to the incident. 4.3. Within 48 hours after termination of participation in an incident, Salem shall provide User with copies of such incident reports as would be produced by its officers involved in a similar incident in Salem; provided, however, that this shall not obligate Salem to furnish copies of reports generated by personnel from another agency, Internal Affairs reports, or reports prepared in anticipation of any potential administrative or judicial proceeding. ARTICLE 5. -TERM AND CANCELLATION 5.1. This Agreement may be cancelled by either party upon 30 days prior written notice to the Chief Officer of the other. AGREEMENT - SPECIAL POLICE OPERATIONS TEAMS - Page 3 5.2. Except as provided in Section 5.1., this Agreement shall be perpetual, continuing in force and from the most recent date of execution set forth below until terminated. ARTICLE 6. - MISCEI I ~t_NEOUg 6.1. This Agreement represents the entire understanding of the parties with respect to the subject matter hereof, and supersedes any and all prior written and verbal agreements, representations, and understandings with respect to the same subject matter. 6.2. The terms and conditions hereof are severable, and independent. Invalidity of any part hereof shall not be construed as impairing the validity or enforceability of the remainder. 6.3. This Agreement may be waived or modified, in whole or in part, permanently or pro temDore, only by prior written agreement of the parties. No other waiver, modification, or amendment may be made, and no representation purporting to do so may be relied upon by either party. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF SALEM, OREGON THE CITY OF WOODBURN, OREGON By: Mayor Date: ~ -\~ ---q 2__ By:. Title: Date: A_pproved a, to form unle,~ modified: City Attorney AGREEMENT - SPECIAL POLICE OPERATIONS TEAMS - Page 4 MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator ~ Approval of Salary Step Increases (N.Holly ! K. Wright) February 4, 1992 RECOMMENDATION: That Council approve, pursuant to Sec. 3 of Resolution #1081 (dated 9/9/91 ), salary step increases for Nevin Holly, Parks & Recreation Director, and Kenneth L. Wright, Chief of Police; retroactive to the respective employees' anniversary dates. BACKGROUND: Resolution #1063 established the 1991-92 Non-Union Employee Compensation Plan, which included a range/step plan for Executive Management employees. Resolution #1081 (Sec. 3) directs that the City Council give final approval to such increases. Performance evaluations for both employees have been recently completed, demonstrating that overall job performance meets or exceeds minimum standards. Nevin Holly (anniversary date 11/1/90) is scheduled to advance from Grade M- 25.0 Step D to M-25.0 Step E. Kenneth Wright (anniversary date 1/1/92) is scheduled to advance from Grade M-28.0 Step D to M-28.0 Step E. 270 Montgomery Street · WOODBURN Woodburn, Oregon 97071 · 982-5'222 February 6, 1992 Jack Bigej 1220 N. Pacific Highway Woodburn, Or 97071 RE: SITE PLAN REVIEW # 91-17 Dear Mr. Bigej: At its meeting on January 30, 1992 the Woodburn Planning Commission approved your request to remodel your store located at 1220 N. Pacific Highway. The approval is subject to the conditions already identified in the staff report. Please contact our office if you have any questions. Sincerely, Barbara Sochacka City Planner enclosures I,--/4 STAFF REPORT SITE PLAN REVIEW 91-17 AL'S FRUIT AND SHRUB APPLICANT: Jack Bigej PROPERTY LOCATION: 1220 N. Pacific Hwy ZONE: (CR) Commercial Retail APPLICANT'S REQUEST: The applicant intends to remodel his store by constructing a 16,000 sq. ft. addition. Also a 28 x 60 outbuilding will be constructed to house additional plants and nursery stock. A new asphalt parking lot will be constructed with 74 spaces. SUBJECT PROPERTY C][T¥ OF 270 Montgomery Street · WO 0 D B URN Woodburn, Oregon 97071 · 98c2-5222 February 5, 1992 Fred Kasachev 2995 Molalla Rd. Woodbum, Or 97071 RE: SITE PLAN REVIEW # 92-01 Dear Mr. Kasachev: At its headng on January 30, 1992 the Woodbum Planning approved your request to build a four-unit apartment complex at 1028 N.Third Street. The approval is subject to the following conditions: 1. An ornamental fence shall be placed along the east property line and 50 ft along both side property lines. The fence shall be no more than 7 ff in height. 2. A 3 ft additional planting buffer shall be established along the east property line. 3. The applicant shall contact the Planning Department to discuss the design alternatives for driveways location prior to issuance of any building permits. Please don't hesitate to contact our office if you have any questions. Sincerely, Barbara Sochacka City Planner WOODBURN POLICE DEPARTMENT 270 Montgomery Street Woodburn, Oregon 97071 982-2345 Ken Wright Chief of Police Date: February 6, 1992 ayor and City Council ~.~.~~ Ken Wright, Chief of Police Su~3ect: 1992 OLCC Relicensing On the February 24, 1992 Council Agenda I am presenting renewals for 1992. The proposed agenda would include renewal recommendations in accordance with Council policy and recommendations for hearings review of those licensees required by Council policy. I have been meeting with those establishments under a compliance plan on a quarterly basis this past year. The licensees have had complete access and review of all incidents occurring in and/or around their establishments. Hopefully this years relicensing process will be informative and one of the more pleasurable tasks for the Council. This would be in contrast to past years processes. I am including Council policy and will make available to the Council copies of OLCC's booklet Liquor Licensing In Oregon upon request. KL / j e COUNCIL BILL NO. 1276 RESOLUTION NO. 1037 A RESOLUTION ADOPTING POLICY GUIDELINES AND PROCEDURES REGARDING LIQUOR LICENSE RECOMMENDATIONS BY THE CITY COUNCIL WHEREAS, the City of Woodburn is required to recommend liquor license renewals per ORS 471.210, 471.21 3; and WHEREAS, a defined policy on said liquor license applications will ensure equitable and consistent treatment of liquor license applications; and WHEREAS, the adoption of said liquor license policy will protect the interest of the general public and provide consistent direction to staff in the processing of said applications, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: That the "Policy on Liquor Ucense Recommendations" is hereby adopted by the City Council, a copy of which is attached for reference. Approved as to form City Attorney Date APPROVED: FRED W. KYSER, MA~IR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Mary Tennaht, Deputy Recorder City of Woodburn, Oregon February 11, 1991 February 12, 1991 February 12, 1991 February 12, 1991 Page 1 - COUNCIL BILL NO. 1276 RESOLUTION NO. 1037 CITY OF WOODBURN POLICY O~I UQUOR LICENSE RECOMMENDATIONS AUTHORITY: Review of liquor license application pursuant to ORS 471.210, 471.213 OBJECTIVE: Approval of the recommendations of this report will establish as Council policy that a specific number of liquor-related complaints will cause an automatic denial of a liquor 'license renewal application. BACKGROUND: During the 1990 renewal period, the staff developed a definitive criteria to be used in making license renewal recommendations. All liquor licenses are renewed annually between January and March. STANDARDS: Oregon law provides criteria to be used by OLCC for license refusal which can be adapted into criteria for police department recommendations. The specific offenses are' Fights br assaults liquor law violations by the licensee or their employees Excessive or obtrusive noise Iile~a,I drug use'or sales on the premises Trespass on private property Public Drunkenness Failure of the Licensee to take appropriate action to prevent or ~ontrol problems caused by patrons on the premises or within the local vicinity. GUIDELINES 1. A recommendation to deny the renewal application will be made when there are persistent problems involving the types of police calls listed above related to the sales or service of alcohol. The police department will automatically recommend denial of.a renewal application when there is a record of ten arrests, in the prior 12 months, of employees or patrons of the licensed business for unlawful activities related to the sale or sei'vice of alcohol under the license either on the premises or in the immediate vicinity. Actions by the licensee which might tend to mitigate the problems should be considered by the City Council Examples of mitigating actions are seeking and o following recommendations by the OLCC, neighbors, or police, and increased security measures. The recommendation by the police department is only one component of the liquor license recommendation process. Community'input is a significant factor in a complete review of applications by the ..Counci!. Prior to the annual renewal period, city staff will provide a general notice to the public. Page 2 Policy on Liquor Ucense Recommendations MEMO TO: FROM: SUBJECT: DATE: Community Development Director Bob Arzoian, Building Inspector Building Activity for JANUARY 1992 February 5, 1992 JANUARY 1990 JANUARY 1991 JANUARY 1992 No. Dollar Amt No. Dollar Amt No. Dollar ~ant New Residence Value 2 $ 167,000 I $ 69,000 1 $ 110,000 Multi Family 0 0 0 0 0 0 Residential Adds & Alts 3 15,500 9 35,000 8 104,650 Industrial 0 0 0 0 0 0 Commercial Value 6 1,587,000 5 168,000 4 89,000 Signs, Fences, Driveways I 103 5 1,000 3 7,500 Accessory Sumctures 0 0 0 0 0 0 Mobile Homes 9 280,000 4 140,000 0 0 TOTAL: 21 $ 2,049,603 24 $ 413,000 16 $ 311,150 July 1-June 30 Fiscal Year-to-Date ~n Building Official RS:lg $4.071.179 $11.800.100 $8.554.231 BLDACT01.92 M E'M' 0 TO: FROM: SUBJECT: DATE: Planning Commission and City Council through City Administrator Code Enforcement Section Monthly Report for January, 1992 February 5, 1992 This monthly report encompasses Code Enforcement activities from January 1 - 31, 1992. Code Enforcement responded to or self initiated 134 cases. There are 11 cases (previous months' violations) still under investigation which must be cleared by the court. ABATED/ CASES CLEARED CITATIONS 39 39 2 22 20 3 3 0 10 10 0 0 0 0 2 2 0 PUBLIC PROPERTY VIOLATION: These cases include storage of motor vehicles, boats, trailers, abandoned autos, etc. on public street or public property. Vehicles TOWED due to a violation on public streets/property. PRIVATE PROPERTY ABATE NUISANCES: These cases include articles on private property labelled as junk, old cars, car parts, miscellaneous debris wood, tires, any type of debris that lessens the aesthetics of the property. HEALTH HAZARD: These cases involved solid waste products (garbage) and other refuse which creates a public health hazard and habitat for rats; also human defecation and open septic tank(s) related to housing problems. LAND USE VIOLATIONS: Involve zoning ordinance violations such as a single family unit being used as a mulfifamily unit, residential units operating as commercial businesses in a residential zone, traffic safety involving line of sight at intersections, and vehicle(s) being parked on landscaped areas. DANGEROUS BUILDING: Where building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated to become an attractive nuisance to children, vagrants, or migrants affecting public health, etc. INDUSTRIAL WASTE: Was disposed of through the City's storm drain system. REPI92.01 - 1 - ' ABA'FED/ CASES CLEARED 32 32 CITATIONS 5 1 1 0 Setflemier Legion Community Park Park Center 0 0 0 ANIMAL CONTROL: These include but are not limited to dogs barking/running at large, vicious/menacing animals, follow up cases on animal control involving cruelty for Woodbum Police Dept. Dog licenses sold to public, dogs released to owners and payments of impound fees. Related duties involving livestock. CITY PARK VIOLATIONS: General rules and regulations affecting rules of conduct within Woodburn City Parks. City Parks security checks (drive through) CASES 0 CASES 4 4 19 CONTRACT CUT CITATIONS 1 OBNOXIOUS VEGETATION: This includes weeds, tall grass, poison oak, poison ivy, blackberry bushes and other vegetation located on private properties from May 1 through September 30. ASSIST OTHER AGENCIES: Such agencies as the Woodburn Police Dept, .Woodburn Fire District, Marion County Health Dept, Marion County Housing Authority, Department of Labor and Industries, Accident Prevention Division, and Woodburn Building Department. MISCELLANEOUS VIOLATIONS: Public indecency, no merchant's license, peddlers, etc. CARD # INCIDENTS: Involve Woodburn residents that are not violations but a Code Enforcement officer responds and assists. Example: Resident requests animal live trap for varmint under house. Ofcr picks up captured varmint & releases back into country. REPT92.01