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Agenda - 10/12/1992 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. MINUTES A. B. C. Council minutes of September 28, 1992. library Board minutes of September 23, 1992. Planning Commission minutes of September 24, 1992. 3A 3B 3C 4. APPOINTMENTS AND ANNOUNCEMENTS ANNOUNCEMENTS A. Public hearing on Transportation Development Plan (transit): October 26, 1992 - 7:00 p.m. at Woodburn City Hall. 4A APPOINTMENTS PROCLAMATIONS 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign 6. COMMUNICATIONS A. Written 7. BUSINESS FROM THE PUBLIC (This allows public to introduce items for Council consideration not already scheduled on the agenda.) 8. PUBLIC HEARINGS A. Annexation of property located west of 1-5 and north of Hwy. 214. (Chappell Development) 8A B. Northland Cable Television franchise renewal. 8B 9. TABLED BUSINESS Page 1 - Agenda, Woodburn City Council, October 12, 1992. 11' 10. GENERAL BUSINESS A. Council Bill 1424 - Ordinance granting a cable television franchise to Northland Cable Television. B. Council Bill 1425 - Ordinance approving annexation and zone map for 48 acres of property located on the south side of Parr Rd. between Brandywine Subdivision and Centennial Park. (School District) C. Council Bill 1426 - Ordinance annexing and reclassifying property located adjacent to 1-5 and south of Hwy 214. (Capital Development) D. Council Bill 1427 - Resolution authorizing agreement with State Highway Division for signal modification at Hwy.214 & Evergreen. E. Council Bill 1428 - Resolution authorizing agreement re:Municipal Judge. F. Council Bill 1429 - Resolution entering into a stipulation and final order with DEQ. 11. APPROVAL OF CLAIMS Voucher checks # 15946 - 16322 for the month of September 1992. 12. PUBLIC COMMENT 13. NEW BUSINESS 10A 10B 10C 100 10E 101= 11- 14. SITE PLAN ACTIONS A. Skippers Restaurant. 14A B. Office building on Glatt Circle. 14B 15. STAFF REPORTS A. Code Enforcement Report for the month of September 1992. 15A B. Building Activity Report for the month of September 1992. 158 C. Report on water testing for lead and copper. 15C D. LUBA appeal - Seven Oaks Subdivision proposal. 150 E. Fourth of July Report. 15E 16. MA YOR AND COUNCIL REPORTS 17. ADJOURNMENT Page 2 - Agenda, Woodburn City Council, October 12, 1992. 1f 3A COUNCIL MEETING MINUTES September 28, 1992 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 28, 1992. 0003 CONVENED. The Council met in regular session at 7:00 p.m. with Council President Jennings presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kyser Figley Galvin Hagenauer Jennings Sifuentez Steen Absent 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, Park Director Holly, Finance Director Gritta, Library Director Sprauer, Public Works Manager Rohman 0019 MINUTES. FIGLEY /SIFUENTEZ.... City Council minutes of September 14, 1992 be approved and the Planning Commission minutes of September 10, 1992 be accepted. The motion passed unanimously. 0030 PROCLAMATION - DISABILITY AWARENESS MONTH. Council President Jennings stated that the Mayor had issued a proclamation which declared the month of October 1992 as Disability Employment Awareness Month. 0045 CHAMBER OF COMMERCE REPORT. Jack Berkey, Chamber Director, stated that Norma Paulus will be the guest speaker at the Chamber's luncheon forum on October 21st which will be held at the Elk's lodge. In addition, the Chamber is planning to make the auction an annual event. Page 1 - Council Meeting Minutes, September 28, 1992 11 3A COUNCIL MEETING MINUTES September 28, 1992 TAPE READING 0095 PUBLIC HEARING - ANNEXATION OF 48 ACRES LOCATED ON THE SOUTH SIDE OF PARR ROAD (92-03), ZONE MAP AMENDMENT. AND CONDITIONAL USE. Council President Jennings declared the public hearing open at 7:04 p.m.. Community Development Director Goeckritz read the required statement which outlined the proposed annexation, zone map amendment from Marion County urban transition to City single family residential, and the conditional use submitted by the applicant, Woodburn School District. The Planning Commission has reviewed and recommended approval of the School District's requests. Director Goeckritz proceeded to review each staff report which included the findings for each request. In addition, the City has received a notarized letter from the property owners requesting the annexation. The property is located on the south side of Parr Road between Brandywine subdivision on the east and Centennial Park on the west. 0530 Dave Christoff, realtor of record for the Woodburn School District, stated that the School District has done a thorough study of the district needs and, with the assistance of their architects and other consulting engineers, have determined that this property site would meet the schools needs logistically. The traffic issue, however, needs to be evaluated by the City and become a part of the City's overall transportation plan. Keith Robinson, Woodburn School District Superintendent, spoke briefly on the demographics and the need for additional classroom space due to growth within the community. He stated that it is necessary for the district to have their property issues in place before a bond issue is passed so that they can be ready to expand the school facilities and ease overcrowding. Marshall Hankerson, School Board Chairman, stated that the 48 acre site is large enough to accommodate either an elementary or high school and is close to Centennial Park. 0778 Lynn Kelly, 931 Gatch Street, spoke in opposition to the proposal since the school district already has sufficient land to build additional buildings. Dave Christoff stated that their is available land at Washington School but the current land configuration is not conducive to the district's needs. The School District will need additional sites to meet the estimated growth within the schools, however, the district may decide at a later date to expand current facilities in addition to new site facilities. 0942 Councilor Galvin questioned the potential traffic problems on Parr Road when a school is built on the property. Page 2 - Council Meeting Minutes, September 28, 1992 ". 3A COUNCIL MEETING MINUTES September 28, 1992 TAPE READING Public Works Director Tiwari stated that Parr Road improvements will be required when the school is built. On a long-term basis, there has been discussion on a south by-pass which would be placed on the south side of the property and Parr Road would be a regular east-west street rather than a major arterial. He stated that it is not intended that Parr Road would turn into another Highway 214 and that improvements will have to be made to meet whatever traffic flow is generated from increased growth on the southern portion of the city limits. During Council discussion on the proposal, the major concern was traffic impact as land within that particular area and west to 1-5 begins to develop. The public hearing was declared closed at 7:40 p.m.. 1218 FIGLEY /SIFUENTEZ.... the request for annexation, zone map amendment, and conditional use be approved as recommended by the Planning Commission, and direct staff to draft an ordinance with findings in favor. The motion passed unanimously. 1269 PUBLIC HEARING - ANNEXATION (#92-02) AND COMPREHENSIVE PLAN MAP CHANGE (#92-02) - 173 ACRES ADJACENT TO 1-5 AND SOUTH OF HWY. 214. Council President Jennings declared the public hearing open at 7:44 p.m.. Community Development Director Goeckritz read the required statement regarding the proposed annexation, and comprehensive plan map change for the approximately 174 acres which is located adjacent to 1-5, south of Highway 214, and bordered by Evergreen Road and West Hayes Street. He also stated that the following materials are entered into the record in its entirety: 1) applicants report, 2) City staff Planning report, 3) City staff Planning comments, 4) written comments from the State, 5) written testimony from people who were at the previous hearing, and 6) Woodburn traffic impact analysis study. The applicant, Capital Development, originally requested 1) annexation of the property which is located within the Urban Growth Boundary, 2) modification of the zone designations and 3) comprehensive land designations which would include commercial, multi-family, and single family. However, the State Transportation rule required a transportation study prior to any zone changes, therefore, that portion of the reqest is not included in the current proposal. Director Goeckritz reviewed all of the conditions as recommended and approved by the Planning Commission along with the transportation issues that are associated with this proposal. Once the transportation plan is completed, the developers can file an applications for a zone change and the City could Page 3 - Council Meeting Minutes, September 28, 1992 ... TAPE READING 2356 Tape 3A COUNCIL MEETING MINUTES September 28, 1992 then review the reconfiguration of the land designations through another hearings process. Cindy Nelson, representing Capital Development, stated that they have owned the property for approximately one year and that they intend to have the property completely developed within the next 13-15 years. She gave a slide presentation on the company's development activities which includes design and construction of schools, office and retail buildings, shopping centers, and property management. She expressed her support for the development of a transportation plan and hoped that any other major commercial activity proposed in the 1-5 interchange area would be included in that study. In regards to stages of development, she stated that Phase I would include 800,000 square feet of commercial property and 10 acres of multi-family development. Commercial development would be the primary development in Phase I and may need to be scaled down depending upon the outcome of the transportation study. She also stated that Capital Development was in agreement with the process to reconfigure the land designations after the transportation plan is completed. Jim Thomspon, 331 S. Columbia, questioned as to when residents can provide input regarding the need for a buffer zone between the Senior Estates property and the proposed development. Council President Jennings stated that the land just west of the Senior Estates property is dedicated roadway and it can be vacated depending upon what the community and City would want to do with the property. Any changes would require Planning Commission review and citizens would be able to provide input on the issue. Dan Glennon, 1460 Walton Way, stated that he was representing a property owner who lives out-ot-state and is providing testimony on his behalf. The property is located southeast of and adjacent to the proposed acreage and the property owner is in favor of the annexation. Kay Grodd, Columbia Drive, questioned the current zoning of the property and Planning Commission's decision to make the annexation conditional upon Capital Development agreeing to rezoning of the property. Community Development Director stated that the original proposal included changes in the zone map, however, this portion of the proposal was eliminated following the receipt of a letter from the State Highway Department regarding the Oregon Transportation Rule. Once the property is annexed, the applicant would be required to resubmit the zone change proposals and public hearings would be held on the proposals. Page 4 - Council Meeting Minutes, September 28, 1992 1f 3A COUNCIL MEETING MINUTES September 28, 1992 TAPE READING #2 Following the answer to her question, Ms. Grodd expressed her opposition to the proposed annexation since the future development would disrupt the peace and quietness of their neighborhood. 0095 Keith Woolen, 259 Clackamas Circle, he expressed concern about the need for a transportation plan to solve traffic problems which currently exist. In addition, he objected to the annexation, partitioning, and proposed zone changes since current city services are inadequate to meet current needs. 0505 Hazel Smith, 105 Ben Browns Lane, stated that her property adjoins the proposed annexed area on the south side and she questioned the proposed plans for drainage of the ground water and the location of sewer lines. Director Tiwari stated that the project itself has not been fully identified, however, the staff will be looking at the retention system which will have a requirement that the flow from the surface be similar to what is coming now. Until the engineering stage is reached, it is difficult to determine the specifics since the type and number of structures has not been finalized. Gordan Grodd, Columbia Drive, expressed his opposition since the proposed development would place a tremendous load on the infrastructure and traffic problems. 0684 During rebuttal, Cindy Nelson stated that she hoped her company would help the City to resolve some of the traffic problems. In order to develop this property, she stated that they would have to incur a substantial expense to develop and install infrastructure to city standards. She also stated that development of the property may take several years, however, it is not a continuous process. 0805 The public hearing was declared closed at 8:57 p.m.. Following some brief comments by the Councilors, FIGLEY ISIFUENTEZ.... accept the recommendation of the Planning Commission for the annexation and comprehensive plan change subject to the conditions of the approval stated in the recommendation and instruct the staff to draft an ordinance so stating. The motion passed unanimously. 1054 COUNCIL BILL 1421 - SIGN ORDINANCE. Council Bill 1421 was introd uced by Councilor Hagenauer. Finance Director Gritta 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. Council President Jennings declared the bill duly passed with the emergency clause. Page 5 - Council Meeting Minutes, September 28, 1992 11' 3A COUNCIL MEETING MINUTES September 28, 1992 TAPE READING 1121 COUNCIL BILL 1422 - RESOLUTION SETTING A PUBLIC HEARING DATE ON THE RENEWAL OF THE NORTHLAND CABLE TV FRANCHISE. Council Bill 1422 was introduced by Hagenauer. The bill was read by title only since there were no objections from the Council. Council President Jennings stated that the proposed resolution does not have a specific date for the hearing listed. HAGENAUER/FIGLEY... amend Section 1 to add the date of October 12, 1992, 7:00 p.m. for conducting the public hearing. The motion passed unanimously. On roll call vote for final passage, the bill passed unanimously. Council President Jennings declared the Council Bill 1422 duly passed. 1208 COUNCIL BILL 1423 - RESOLUTION CALLING FOR PUBLIC HEARING ON ANNEXATION OF PROPERTY LOCATED WEST OF 1-5 AND NORTH OF HIGHWAY 214. Councilor Hagenauer introduced Council Bill 1423. The bill was read by title only since there were no objections from the Council. Council President Jennings stated that the hearing will be held on October 12, 1992 at 7:00 p.m.. On roll call vote for final passage, Council Bill 1423 passed unanimously. Council President Jennings declared the bill duly passed. 1250 REQUEST FOR TEMPORARY EXTENSION LIQUOR LICENSE AND CLOSURE: LA LINDA'S RESTAURANT. Chief Wright recommended the approval of the request from owner Erasmo Carbajal to extend live music and closure of the premises for a private party on Thursday, October 1, 1992 from 8:00 p.m. to 2:00 a.m., and that the noise from the music be kept within the building. FIGLEY/SIFUENTEZ... request to extend live music and closure of the premises for a private party on Thursday, October 1, 1992, be approved subject to the condition that the music noise be kept within the building. The motion passed unanimously. 1294 BID AWARD - LOADER BACKHOE. Public Works Manager Rohman stated that bids had been received from the following vendors for the purchase of a loader backhoe which replaces a unit purchased in 1977: Hessell Tractor and Equipment, $41,546.00; Star Rental and Sales, $$42,995.00; Case Power and Equipment, $44,300.00; Salem Ford New Holland, $45,200.00; and The Halton Company, $45,627.00. FIGLEY /SIFUENTEZ.... award the bid to Hessell Tractor and Equipment for a loader backhoe in the amount of $41,546.00. The motion passed unanimsouly. Page 6 - Council Meeting Minutes, September 28, 1992 - 3A COUNCIL MEETING MINUTES September 28, 1992 TAPE READING 1362 SITE PLAN REVIEW. At the September 10, 1992 Planning Commission meeting, the Commission approved the site plan for the placement of a Carl's Jr. restaurant adjacent to Lawson Avenue near Stacy Allison Way. The Council took no action on this issue. 1413 Councilor Sifuentez stated that she is getting more complaints on the traffic speed on E. Lincoln Street and has contacted Chief Wright regarding the problem. 1462 ADJOURNMENT. The meeting adjourned at 9:15 p.m.. APPROVED FRED W. KYSER, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, September 28, 1992 11' 38 MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD . DATE: ROLL CALL: September 23, 1992 Phyllis Bauer - Present Nancy Bowman - Present Gloria Predeek - Present Jean Weatheri11- Present Jan Zyryanoff - Absent STAFF PRESENT: Linda Sprauer, Director Judy Coreson, Recording Secretary CALL TO ORDER: GUESTS: None SECRETARY'S REPORT: DIRECTOR'S REPORT: OLD BUSINESS: "-/~) , //(// , " .-' '..// - Ii President Phyllis Bauer called the meeting order at 12:45 PM at I~zy's Restaurant. luncheon was for Jan Zyryanoff who resigned the Board because she moved out of the limits. to The from city The monthly Board minutes approved as submitted. of August 26, 1992 were Monthly Statistics: self-explanatory. The monthly statistics were Spanish Language Grant: Woodburn Public Library 1S one of five libraries to receive $7000 of a federal grant funded by the Department of Education through CCRLS for the purchase of Spanish language materials. Chemeketa Community College. Salem. McMinnville, Independence and Woodburn Public Libraries will share the total of $35.000. Literacy Program: Woodburn Public Library provides shelving for literacy materials and space for tutors and their studenti to meet for the Literacy Program through Chemeketa Community College. Roof Repair: On August 31st the City Council accepted the proposal from Lloyd A. Weigel Construction, Inc. for repair to the library's roof. Upon closer inspection, Mr. Weigel determined that the metal ridges on the roof were not as he had first thought, and therefore, the work he outlined to perform would not solve the 1 11' 3B leaking problems. After consultation with a representative from Champion Metal, he withdrew his contract proposal. Mr. Weigel indicated his willingness to continue working with us to solve this roof problem. Champion Metal has donated Tim Wolfe's time for writing specifications for the repair to the roof. Linda has received them and now will put it out for formal bid, as the cost will exceed $5,000. Financing for this project 1S budgeted in the Library Endowment Fund which 1S reserved for Capital Improvement projects. NEW BUSINESS: Friends of the Library: The Friends of the Library has changed their meeting date and time to the second Monday of the month at 3:30 PM. There is now an "On Your Honor Paperback Book Sale" cart in the library from which patrons may purchase paperbacks for 10 cents each. For the first two weeks, $21.00 was received from this sale for the Friends of the Library. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: Opening on Board: We have not received any applications as yet for the position on the Board vacated by Jan Zyryanoff. The closing date for this position is September 30 at 8:00 PM. ADJOURNMENT: The meeting was adjourned at 1:30 PM. Respectfully Submitted, ~~ Judy Coreson Recording Secretary Library Board Minutes 9/23/92 2 If 3C MINUTES WOODBURN PLANNING COMMISSION SEPTEMBER 24,1992 1) ROLL CALL: Chairman Mr. Johnson Present Vice Chairman Mrs. Warzynski Present Commissioner Mrs. Henkes Present Commissioner Mrs. Bjelland Present Commissioner Mrs. Grijalva Present Commissioner Mr. Pugh Present Commissioner Mr. Bauer Present Commissioner Mr. Stoval Absent Staff Present: Barbara Sochacka, City Planner 2) MINUTES: Planning Commission minutes of September 10, 1992 were accepted as written. 3) COMMUNICATIONS: None 4) BUSINESS FROM THE AUDIENCE: None , 5) HEARINGS: None 6) REPORTS: Skipper's Fast Food Restaurant, SPR #92-15/Skippers, Inc. Staff stated that the applicant wished to build a new free-standing fast food restaurant with drive-thru. Staff approved with conditions listed in the staff report. Office Building/Glatt Addition, SPR #92-13/Milne/Palmer 11' 3C Staff stated that the applicant wished to build a 2000 sq. ft. of commercial office space. Staff approved with conditions listed in the staff report. Transportation Task Force Memo A memo to the Planning Commission from the Community Development and Public Works Departments stating "that to fulfill the obligations of planning the City's immediate transportation needs and meet the spirit of the State Transportation Rule will require a concerted effort on the part of the City Council and Planning Commission. To meet the obligations substantial efforts in the policy development area will need to be made that will require more time than either the Councilor Commission may have time to address. Therefore, staff is requesting the Mayor and Council to appoint a special transportation task force that would formulate a draft document for Council/Commission review." 7) BUSINESS FROM THE COMMISSION: None 8) ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. 9) TRANSPORTATION WORKSHOP - TRANSPORTATION ISSUES/FRANK TIWARI, PUBLIC WORKS DIRECTOR, RANDY ROHMAN, PUBLIC WORKS PROGRAM MANAGER. ~ 4A MEMO TO: City Council through the City Administrator FROM: Public Works Program Manager SUBJECT: Public Hearing on Transportation Development Program DATE: October 8, 1992 A public hearing on the Transportation Development Program prepared by Transportation Services will be held at 7:00 pm on October 26, 1992 in the Woodburn City Hall Council Chambers. Rules in the Americans with Disabilities Act require public hearings on annual revisions of the Paratransit Plan which is part of the Transportation Development Program. Participation by disabled individuals in the community is going to be encouraged. Input from the public will be requested on both fixed route and Dial-A-Ride services. RR:lg 11' 8A MEMO TO: Woodburn City Council through City Administrator FROM: Community Development Director SUBJECT: Chappell Development Factory Outlet Mall DATE: October 8, 1992 At their September 10, 1992 hearing the Planning Commission reviewed the Chappell Development proposal to annex approximately 28 acres with concurring Comprehensive Plan and Zone Map Amendments to the City of Woodburn. The Commission's recommendations were set for hearing in front of the City Council for September 12, 1992. However additional written testimony from the State Highway Division submitted on October 7, 1992 and by Marion County on October 8, 1992 requires additional time be taken by the applicant and city staff to respond to their comments. The applicant is therefore requesting a continuance of this hearing from the original set date of October 12, 1992 to October 26, 1992. This will provide additional time in which to address the issues raised by the Highway Division and Marion County . 11' 10/0i/92 15:3i 'fi'503 224 4133 COPE hAND L.uJDYE @002/002 8A ...ARI< G,COPELANC, P.c." THO"'''S ..... UYt(01'c. "c. ..J, OAVIO 8ENNETT. p,c. OAYlO P. WOI.F', ..ee-. 1Il00!:," 1II.110PI<lN&. ".C. RICHARD L SADLER. p,c. RANOA'-'L. k CUN". ....CO... JAMES 5. eRA-tiE, P.e... ftOSEAT.... kU"'~"'''..INc:..a: CoPELAND, LAN DYE, BENNETT AND WOLF' A PARTNeAS...IP INCl.UOING PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW :1500 FIRST INTERSTATE TOWER PORTLANO,ORI!:GON SIno. MITCHEL Ill, COHEN, P,C. OA,V,O L. 8L.OU...T D...VlO 5. CASE. P.C.. TlootANC .. T.J:flI:0N ..c OA"IO N. COUI.DER P. STEPHEN RUSSELl. '11, P,C. ...ARCOT PO~""N 101<1 ROBERT P. OwENS .... J(A1iiI1 L. e4lLllY . 150312z.&-4100 AI.ASKA or'-ICE 550 wC:~T SI!;VENTH AVENUE SUITE 1350 "NCHO.."Oa::....I.AStu. S8S01 (6071 Z78-SISZ ,.......C5.....u::::.aC31::.a4 -.t.a2 .~.. ~...ft. ... -.........,..... STATe ....D a_cs:o.l STaTe ~1l:S ....~...,1OM STATE AflIO OICCQIlI ~.ATI ....86 ......~ STAn: ....D "'~"I..aTON ''rATI ft,oI.Ilf) .t.U..OT..CRS OCICCOtl ST..Te .....OIoIl,.y October 7~ 1992 via Teleco~ier 982-5244 Hr. Steve Goeckritz, community Development Director CITY OF WOODBURN 270 Montgomery street Woodburn, oregon 97071 Re: Chappell Development Pactory outlet Center Dear Mr. Goeckritz: This is to confirm my telephone conversation with you today in which I requested a delay in hearing on the above-referenced application from Monday, october 12, 1992 to Monday, October 26, 1992 on behalf of the applicant. To the extent that such 14-day continuance delays the clty.s final decision on this application beyond the statutory 120-day time limit, this letter will serve as the applicant's waiver of such 120-day time limit to the extent of such 14-day continuance. Thank you for your cooperation. ve/d~rs, p.~n Russell III, P.C. PSR/le cc: Mr. Robert Chappell Mr. Hal Keever Mr. Howard stein 11' 88 MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator tIf,(;. S U BJ. : Executive Summary - Northland Cable Franchise Renewal DATE: October 2, 1992 (Revised Oct. 8, 1992) The draft ordinance for Northland Cable Television's franchise renewal is the culmination of some ten months' work on the part of staff, the Cable Advisory Committee, and our consultant. The Cable Advisory Committee, in particular, should be commended, as the volunteer members of this committee have conducted over 26 hours of public meetings during this period as well as many hours of "homework" reading and research. Obviously, considerable time and resources have also been devoted to this task by the applicant, Northland Cable Television, Inc. The draft franchise ordinance extends a new 10-year franchise to Northland, through the year 2002. It calls for payment of a 5% franchise fee (now the standard for renewals) throughout the term of the franchise, and contains numerous other provisions that should benefit Woodburn residents. A majority of the 27 pages contained in this document address three principal issues; changes to Ord. #1766 as they pertain to Northland, a new Public, Education and Government (PEG) Access program, and enhanced reporting procedures regarding operational data which needs to be provided by Northland to the city. Ordinance No. 1766, enacted in 1981, is the city's "enabling ordinance", upon which any Cable TV franchise must be drawn from. Although lengthy (37 pages), this ordinance is all-encompassing and was undoubtedly a model ordinance for a city of any size at the time of its enactment. However, the Federal Cable Act of 1984, the equally all-encompassing federal legislation regarding Cable TV regulation, rendered many aspects of Ord. #1766 ineffective or inapplicable. The effect of this federal legislation, as well as practical evaluation of Northland's first ten years of operation in Woodburn, give rise to the numerous deletions or amendments to Ord. #1766 as contained in this draft franchise ordinance. The draft also calls for Northland's cooperation in a possible update and rewrite of Ord. #1766 if the city deems it appropriate. The PEG Access prOVISions contained in the draft ordinance should be extremely beneficial to Woodburn residents. Previously, in spite of considerable language in both Ord. #1766 and Northland's franchise ordinance, some difficulty and frustration was encountered by the public in properly accessing this system. The 11' 88 Page 2 - Council Memo/Northland Renewal (10/8/92) Cable Advisory Committee has determined that these problems revolved around the lack of a formal PEG Access framework and sustained involvement in providing this service by knowledgeable groups or individuals. The draft franchise ordinance attempts to rectify past problems by providing a "process" for developing and maintaining a PEG Access program as well as the financial wherewithal to make it work. The proposed PEG Access program calls for the creation of an "Access Provider" group to develop rules and procedures for a PEG Access program, implement the system and to review and budget for the ongoing maintenance of the program. In this regard, it is proposed that Northland will' play an integral role, including provision of studio facilities and live feed hookups at the school district, city hall and a third location yet to be determined. Northland will also provide staff support for PEG Access up to a maximum of 15 hours per week (a potential value of over $9,000/yr). In terms of equipment, Northland will add to the equipment now in place and used by the Woodburn School District on Channel 4 (a value of approximately $7,000). Within 90 days of renewal, Northland will also provide a one- time payment of $55,000 for purchase of equipment identified for the Public and Government components of the PEG Access program. This will be followed by annual payments for upkeep and replacement of the equipment. These payments will be based on subscriber numbers and it is estimated will provide a minimum of $22,500 over the 10-year term of the franchise. Provisions regarding reports and information to be made available by Northland to the city have been strengthened. As a practical matter, the city may not wish to be inundated with every bit of material available from Northland, but does need to have ready access to key information regarding the "health and welfare" of the franchise. In the course of the Cable Advisory Committee's evaluation of the renewal proposal, Northland has been cooperative in providing necessary background information. At the committee's request, representative samples of the company's complaint/work order logs were reviewed and type and number of incidents were found to be within acceptable limits. Similarly, the company's financial records were reviewed, showing that proper franchise fee payments have been made when due. Two areas of frequent complaint from cable consumers involve channel selection and the prices charged by cable companies in providing cable service to their customers. The ability of cities to exercise any regulatory authority in either of these two areas was specifically eliminated by the 1984 Federal Cable Act. The question has been posed as to whether very recently passed federal cable legislation (S.12) might have any effect on this proposed renewal ordinance. The exact impact, if any, - 88 Page 3 - Council Memo/Northland Renewal (10/8/92) is uncertain at this point pending development, interpretation and implementation of specific administrative regulations by the FCC. We believe that any direct effect on the specific language of this document would be minimal. However, it is important to note that Ordinance #1766 does provide for the city to develop a structure for ratemaking authority if that possibility occurs. 1 10A COUNCIL BILL NO. 1424 ORDINANCE NO. AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO NORTHLAND CABLE TELEVISION, INC. AND DECLARING AN EMERGENCY. WHEREAS, Northland Cable Television, Inc. (" Northland"), or one of Northland's affiliates, has provided cable television service to residents of the City of Woodburn (the "City") since July 1982 pursuant to Ordinance No. 1784; and WHEREAS, in a public proceeding affording full participation to the residents of the City, the City Council has determined that (i) Northland has substantially complied with the material terms of its existing franchise and with applicable law, (ii) the quality of Northland's service, including signal quality, response to consumer complaints, and billing practices has been reasonable in light of community needs, (iii) Northland has the financial, legal, and technical ability to continue to provide cable television services to the residents of the City, and (iv) Northland's proposal to meet future cable-related community needs and interests, as expressed in this Ordinance, is reas'onable; and WHEREAS, in consideration of the foregoing, the City desires to issue a cable television franchise to Northland, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOllOWS: Section 1. The City hereby grants to Northland a cable television franchise (the "Franchise") pursuant to the authority of and in accordance with the terms and conditions of Ordinance No. 1766, Council Bill No. 652, passed by the City Council of the City on September 21,1981 ("Ordinance 1766") and in accordance with and to be governed by the Cable Communications Policy Act of 1984, Pub. l. No. 98- 549, codified at 47 U.S.C. ~ 521 et seq., as the same may be amended from time to time (the "1984 Act," or "Cable Act"). Because Ordinance 1766 provides only the general framework and sets forth only the general terms and conditions of a cable television franchise, the City, in this Ordinance, hereby shall modify certain provisions of Ordinance 1766 as they apply to Northland, and the City hereby sets forth certain additional terms and conditions that shall apply to Northland. In the event of a conflict with or a dispute concerning the terms and conditions of the Franchise granted to Northland by this Ordinance, the 1984 Act and the rules and regulations of the Federal Communications Commission and the terms and conditions of this Page 1 - COUNCil Bill NO. 1424 ORDINANCE NO. 10A Ordinance shall prevail over and control the provisions of Ordinance 1766 and the interpretation and administration of the Franchise. Northland and the City agree that if the City wishes at any time to combine Ordinance 1766 and the Franchise granted I to Northland, without materially affecting the material requirements of either document, the parties will cooperate fully to accomplish in a timely manner the combining of the documents, as well as their appropriate official adoption as combined by City ordinance. Section 2. The Franchise granted hereby to Northland shall not be exclusive; provided, however, no cable television franchise or similar grant of authority shall be made by the City to any person or entity (i) on terms and conditions that, taken together and construed in their entirety, are less restrictive or burdensome than those contained in this Ordinance, or (ii) the material provisions of which are not reasonably comparable to those contained in this Ordinance. Section 3. The term of the Franchise granted to Northland shall be ten (10) years, commencing October 20, 1992 and ending October 19, 2002. Section 4. As applied to Northland, the provisions of sections 4(c) of Ordinance 1766 shall be deleted in its entirety and replaced with the following: (C) In the event of termination, the City may purchase or require any successor to Northland's system to purchase Northland's facilities at a cost not to exceed its then equitable price, with a reduction for uncompensated damages incurred by the City in connection with Northland's operation. In order to determine the equitable price of Northland's system as specified above, the following procedure will be followed: (1) Northland and the purchaser each shall select one qualified appraiser experienced in the evaluation of cable communications systems. (2) The two selected appraisers shall select a third appraiser. The three appraisers shall be employed to determine the equitable price of Northland's system. The equitable price shall be such as is agreed upon by two of the three appraisers. The appraisers shall be directed to reach their determination within thirty (30) days. Northland and the purchaser shall each pay fifty percent (50%) of the cost of emploYing such appraisers. (3) Upon determination of the equitable price, and upon payment of such sum by the purchaser, Northland shall transfer all rights, titles, and Page 2 - COUNCIL BILL NO. 1424 ORDINANCE NO. :~ lr lOA interest in the subject property to the purchaser within thirty (30) days. Section 5. As applied to Northland, all the language following the words "compensation and damages," in section 4(e) of Ordinance 1766 shall be deleted and replaced with the following words: "as if such holding over were a material violation of the Franchise. Section 6. As applied to Northland, the provisions of section 5(j) of Ordinance 1766 shall be deleted in their entirety. Section 7. Notwithstanding anything to the contrary contained in Ordinance 1766, the City hereby approves the encumbrance of the Franchise and the assets of Northland's cable television system and the mortgaging, hypothecation and assignment of same for security purposes in connection with the financing and refinancing, from time to time, of Northland's cable television system and operations within the City of Woodburn. Section 8. Notwithstanding any provisions of Ordinance 1766 to the contrary, Northland shall be required to extend energized cable from any existing terminus of its cable television system to any area within the city limits of the City in which electrical power and telephone utility services are available and the facilities of both such utility companies are located in dedicated public easements to which Northland can gain access without unreasonable monetary expenditures, (i) for aerial construction, in which Northland has received bona fide written requests from no fewer than twelve (12) prospective subscribers along each linear mile of cable to be constructed, or 4 prospective subscribers along each 1/4 mile of cable to be constructed,as measured from the nearest point on the existing cable system; and (ii) for underground construction, in which Northland has received bona fide written requests from no fewer than twenty-four (24) prospective subscribers along each linear mile of cable to be constructed, or 8 prospective subscribers along each 1/4 mile of cable to be constructed, as measured from the nearest point on the existing cable system. Section 9. As applied to Northland, the provisions of the last sentence of section 13(h) of Ordinance 1766 shall be deleted in their entirety. As applied to Northland, the provisions of sections 13(k) and (I) of Ordinance 1766 shall be deleted in their entirety. As applied to Northland, the provisions of section 13(b), (c), (d), and (e) shall be deleted and replaced with the following: (a) Comoliance with FCC Rules and Regulations. Northland shall design, install, operate and perform tests upon the Cable system in a manner that fully Page 3 - COUNCIL BILL NO. 1424 ORDINANCE NO. 10A complies with the applicable provIsions of the Federal Communications Commission (FCC) Rules and Regulations, Part 76, Subpart K ("FCC Technical Standards"), as now or hereafter constituted. The City shall have the right to enforce the FCC rules and regulations under this Franchise. The City and Northland agree that the City may establish and enforce higher or additional reasonable technical standards, following consultation with Northland, but only to the extent that applicable law and the rules and regulations of the FCC allow. (1) Residential Network, Forward Signals. The residential network shall be capable of carrying a minimum of 60 standard video television channels and the full FM broadcast band. The combined forward trunk and distribution system shall deliver signals to each subscriber's television receiver that meet or exceed applicable FCC specifications on each and every video channel. (2) Residential Network Reverse SiQnals. The reverse channels of the residential network shall have the capability of providing return signals from any subscriber tap to the extreme end of any area of the system which is intended to receive the return signals. The system will be sufficient if for all video signals originating within the system, the signal delivered to the subscriber's television receiver, after being transmitted down a forward channel, meets the specifications of (1) above. (b) System Testing. Northland shall perform all system tests required by the FCC Technical Standards, in the manner prescribed in the rules and regulations of the FCC. In addition, upon written request of the City, in cases where the City has legitimate concerns regarding the cable system's signal quality and performance, Northland shall perform, or cause to be performed, at Northland's own expense, the various tests stipulated in the FCC Technical Standards, in the manner prescribed in the rules and regulations of the FCC. Finally, if the City determines that additional testing of particular areas or particular equipment or particular technical parameters of the system is reasonably required to resolve a subscriber complaint to the City regarding the technical performance of the system at such subscriber's dwelling, then Northland, upon written request of the City, shall perform, at Northland's own expense, such particular tests as are reasonably necessary to provide technical information for resolving the subscriber complaint. (1) Record Keeoina and City Insoection. Written records of all system test results performed by or for Northland shall be maintained for a period of no less than 3 years following the date of completion of such Page 4 - COUNCIL BILL NO. 1424 ORDINANCE NO. lr 10A tests, and shall be available for City inspection upon written request, at Northland's local office during normal business hours. Upon written request by the City, written test reports shall be submitted to the City within 30 days following completion of all tests required in this Section. {2} City Witnessing of Tests. For all tests specified in this Section, upon written request of the City to Northland, the City shall be given the opportunity to review and approve test sites in advance. The tests may be witnessed by representatives of the City. In scheduling such tests the parties shall cooperate in developing a mutually agreeable time. (3) City TestinQ. At any time, at its sole expense and risk the City shall have the right to perform, or cause to be performed, the various tests stipulated in the FCC Technical Standards, in accordance with the designated procedures. During such testing and the calculation of the results thereof, Northland shall be allowed to have representatives present. In scheduling such tests the parties shall cooperate in developing a mutually agreeable time. The City shall defend, indemnify, protect and hold Northland harmless from and against any and all claims, demands, actions, judgments, costs {including without limitation reasonable attorneys' and experts' fees}, losses, expenses, and liabilities of every kind or nature whatsoever which may arise in connection with or result, directly or indirectly, from the City's exercise of its rights pursuant to this Section. (c) Remedies for Failure to Meet Technical Standards. For any test required under this Section 9, if the test indicates that the system fails to meet the FCC Technical Standards, then Northland shall be required to indicate what corrective measures have been taken, and the entire test shall be repeated. If results of a second test indicate failure of the system to meet the technical performance requirements of this Franchise, then the City may apply such remedy or remedies as it deems appropriate, unless the circumstances of the failure are caused by conditions which are beyond Northland's control, as determined and verified by the City. Section 10. As applied to Northland, the provisions of section 16 of Ordinance 1766 shall be deleted in their entirety and replaced with the following: Northland shall provide a mobile emergency power source to be used in the cable television system in the event of a disruption in Northland's normal power source. The mobile emergency power source shall have adequate capacity to Page 5 - COUNCIL BILL NO. 1424 ORDINANCE NO. 10A provide temporary power to Northland's headend facilities, satellite earth station, and any single field power supply or processing hub. Section 11. As applied to Northland, the provisions of section 17(b) of Ordinance 1766 shall be amended by adding the following sentence at the end of the section: Northland shall send the notice contained in the foregoing paragraph to each subscriber already receiving cable service at the time that this Franchise goes into effect, who has not yet received the notice, at the earliest possible date, and in no case later than 6 months following the effective date of the Franchise. As it applies to Northland, the provisions of section 17(c) of Ordinance 1766 are deleted in their entirety and replaced with the following: Except as provided below, Northland shall not charge its subscribers for responses made to outage or service-interruption calls, interference or quality- of-service related calls, or other calls of a similar nature (collectively, "Trouble Calls"). Northland shall have the right to charge for Trouble Calls if Northland has made repeated visits to a subscriber's residence for the same or essentially identical problems and Northland has established with reasonable certainty that the subscriber's problem was not caused by the fault of Northland or a defect in Northland's Cable System. As applied to Northland, the last sentence of section 17(d) of Ordinance 1766 is deleted in its entirety. As applied to Northland, the provisions of the first sentence of section 17(g) of Ordinance 1766 shall be amended by replacing the words "human rights" with "civil rights." The provisions of the second sentence of section 17(g) of the Ordinance shall be deleted in their entirety and replaced with the following: Northland shall not place in any private residence any two-way communications equipment that can be used for subscriber surveillance purposes, nor shall such equipment subsequently be used for subscriber surveillance in any manner, without first obtaining the written consent of the subscriber. As applied to Northland, the provisions of section 17(h) of Ordinance 1766 shall be amended by striking the word "written" in the third line of the first sentence. Page 6 - COUNCil Bill NO. 1424 ORDINANCE NO. " 10A As applied to Northland, the provisions of section 17(i) of Ordinance 1766 shall be deleted in their entirety and replaced with the following: If Northland rebuilds, upgrades, modifies or otherwise undertakes similar construction activities, Northland shall use its best efforts to ensure that the subscribers of the cable system receive continuous, uninterrupted service. If Northland sells or otherwise disposes of its cable system or if the City revokes or fails to renew Northland's Franchise, Northland shall use its reasonable efforts to assist in the transfer of the cable system to a new operator. In the event of a system purchase by the City, or change of ownership, Northland shall cooperate with the City to operate the system for a temporary period, and in maintaining continuity of service to all subscribers. Section 12. As applied to Northland, the provisions of section 19 of Ordinance 1766 shall be deleted in their entirety and replaced with the following: To the extent permitted under the 1984 Act and the rules and regulations of the Federal Communications Commission, as the same may be amended from time to time, the City shall have the authority to regulate Northland's rates and charges to cable television subscribers In the event the City desires to regulate Northland's rates and charges, the City shall develop rules and procedures in accordance with the 1984 Act and the rules and regulations of the Federal Communications Commission and, to the extent reasonably possible, in consultation with Northland. Section 13. As applied to Northland, the provisions of section 20 of Ordinance 1766 shall be deleted in their entirety and replaced with the following: Public, Educational and Governmental Access Channels. (A) Definitions. (1) As used herein, "Public Use" shall mean noncommercial use by the public on a first-come, first-served, nondiscriminatory basis. (2) As used herein, "Educational Use" shall mean noncommercial use by public schools and school districts and not-for-profit educational institutions chartered or licensed by the State of Oregon or an agency or division thereof. Page 7 - COUNCIL BILL NO. 1424 ORDINANCE NO. 10A (3) As used herein, "Governmental Use" shall mean noncommercial use by a municipal, county and state government or an agency or division thereof. (4) As used herein, "PEG" shall mean Public, Educational, and Governmental. (B) Designation of PEG Access Channels. Northland shall designate at least one full-time activated channel for Educational Use and at least one full- time activated channel for Public Use and Governmental Use. From and after January 1, 1994, Northland shall make available and dedicate up to three additional channels for Public and Governmental Use, each of which shall be dedicated at such time as each of the Public and Governmental channels then existing is in use for locally scheduled original programming any five of seven days per week for any consecutive five-hour block of time from noon to midnight during eight consecutive weeks. "Original Programming," for the purposes of this Section, shall mean any video programming in its initial cablecast on the system or in its first, second, or third repeat, provided that one half of such programming shall have been initially produced locally for cablecast on the Woodburn system. "Locally Scheduled," for the purposes of this Section, means that the scheduling, selection and/or playback of original programming on a per-program basis is determined by, or in consultation with, or pursuant to the operating procedures of, the access provider designated by the City under this Franchise. It is the intent of the City to allow Northland to place programming of a non-commercial type on unused portions of channels dedicated to Public and Government access use. On all such channels, access programming shall have priority. However, following written request of Northland, the Access Provider may authorize Northland to place suitable, non- commercial programming on the Public and Government access channels. One channel dedicated to Educational Use and at least one channel dedicated to Public and Governmental use shall be provided by Northland throughout the term of this franchise. If more than one channel for Public and Governmental use is provided under the requirements of this Section, then each such channel shall revert back to the control of Northland at such time as for eight consecutive weeks the channel is not in use for locally scheduled original programming at least 2 hours per day, five days per week. Page 8 - COUNCIL BILL NO. 1424 ORDINANCE NO. If 10A (C) Administration of PEG Access Channels. The use of PEG access channels shall be administered as follows: (1) The Educational Use access channel shall be operated and administered by the Woodburn School District #103 (the "District"). (2) The Public Use and Governmental Use access channels shall be operated and administered by an Access Provider ("Access Provider"), which shall be a committee or commission appointed by the City, or a non-profit corporation designated by the City. (D) Access Services Provided bv Northland. Northland shall provide PEG Access services, under guidelines provided by the Access Provider in consultation with Northland, and reflected in an agreement between the Access provider and Northland (see Section 13(K)) following an ascertainment of community access needs and interests (see Section 13(J)). These services shall include: training in the use of video production, editing and playback equipment; production assistance; community outreach; program promotion; program scheduling and playback; equipment maintenance; equipment check-in and check-out; program scheduling; business management services; and similar services consistent with the guidelines developed by the Access Provider. Northland shall provide a staff person or persons who will be responsible for such staff support as is necessary to accomplish these access services at a level required by the development of the use of the access channels. The staff person or persons shall be made available by Northland a maximum of fifteen (15) hours per week for providing access service staff support. Access services provided by Northland shall be provided under guidelines made by the Access. Provider in consultation with Northland. Northland may discharge its responsibilities for providing part or all of these access services by means of a contract for services with the Access Provider or, if the Access Provider prefers, a person designated by the Access Provider. Upon request by the District or the City, Northland will assist in disseminating information concerning programming carried on the PEG access channels by means of a character generated message transmitted on Northland's local origination channel. All PEG access channel programming shall be clearly and conspicuously identified as such. Page 9 - COUNCil Bill NO. 1424 ORDINANCE NO. 10A (E) No Editorial Control by Northland. Northland shall not exercise any editorial control over the PEG access channels. Northland shall have no obligation, responsibility or liability for or in connection with the content of any of the programming carried on any portion of the PEG access channels administered and operated by the District or the Access Provider. Northland's obligations, responsibilities and liabilities with respect to the services it provides andlor the operations it undertakes in connection with the PEG access channels shall be strictly limited to the extent of Northland's direct involvement therewith. (F) Eauiement and Funding for PEG Access Channels. Northland shall within 90 days following the effective date of this Franchise donate to the District the equipment listed below to be used in connection with the Educational Use access channel: Quantity Model Mfr. 1 Tyee 1 6340 Scientific Atlanta Modulator (in place 6/92) 2 Series III ISS Agile Modulator (in place 6/92) 1 Series III ISS Agile Demodulator (in place 6/92) 1 100 Star Character Generator (in place 6/92) 1 Video Switch (in place 6/92) 1 EVS-3000 Sony Hi-8 Playback Deck Page 10 - COUNCIL BILL NO. 1424 ORDINANCE NO. 11' 10A 1 RME-700 Sony video Edit Controller 1 CCD-V801 Sony Hi - 8 Camcorder 1 EVS-3000 Sony Hi-8 Edit Deck 2 CTN1355R Panasonic Color Monitor 1 3221 Bogen Tripod wI Fluid Head 1 3.7 Meter Charerell Satellite Dish 1 lNB Satellite Receiver 1 K8TB0068 Panasonic VCR (G) In addition to the contribution of the equipment listed above, Northland shall make payments to the City for the sole purpose of securing the purchase, repair and replacement of equipment to be used in connection with the use of the channel(s) reserved on Northland's cable system for Government Use and Public Use. These additional payments shall be made in accordance with the following schedule: (1) Within ninety (90) days of the effective date of this ordinance, the amount of fifty-five thousand dollars ($55,000); and (2) Anniversary of effective date of this ordinance 1 2 3 4 Amount per subscriber $1 $1 $1 $1 Page 11 - COUNCil Bill NO. 1424 ORDINANCE NO. ~ 10A 5 6 7 8 9 $1 $1 $1 $1 $1 As used in this section, the term "subscriber" shall mean the sum of (a) the number of activated primary cable television hook-ups in each and every residential home and commercial establishment in the geographical service area of the system within the City, and (b) the number derived by dividing (i) the aggregate revenue obtained by Northland from multiple dwelling units, including, without limitation, hotels, motels, apartments, schools, dormitories, etc. in the geographical service area of the system within the City, and commercial establishments, including, without limitation, bars, restaurants, business offices, etc, in the geographical service area of the system within the City, by (ii) the standard service rate charged by Northland to residential cable television subscribers within the City. (H) Public Access Facilities. Northland shall, throughout the term of this Franchise, provide studio facilities for public access use, including production studio, control room, editing room, capability for playback and master control, training facilities, office and meeting room, set storage, equipment check-in and check-out, space for equipment maintenance, and tape storage. The studio facilities shall be conveniently located within the city limits of Woodburn. Northland may meet this obligation in whole or in part by making studio facilities as described above available for public use at its own local origination studio in Woodburn. If Northland chooses to make its own local origination studio available as a means to fulfill its obligation to provide access studio facilities under this Section, then Northland shall allow residents of the City to use Northland's studio and Northland's video equipment to produce programming to be carried on the PEG access channels. Northland may charge reasonable deposit or equipment rental fees for the use of Northland equipment for PEG access purposes, but shall not make any charge for the use of its studio facilities for PEG access purposes; provided that such deposits or fees shall be imposed only to the extent necessary to reasonably ensure equipment safety and return. Northland shall cooperate with the City and the Access Provider to accomplish the functional integration of Northland's equipment and Page 12 - COUNCIL BILL NO. 1424 ORDINANCE NO. 11' 10A facilities with equipment purchased by the District, the City or the Access Provider for PEG access use. For its local origination program, Northland may share the use of studio equipment purchased by the Access Provider for PEG access use, under guidelines provided by the Access Provider in consultation with Northland, However, Northland shall ensure that any such shared equipment is regularly maintained in good working order, and replaced as necessary, throughout the term of this Franchise. Northland may impose reasonable rules and regulations pertaining to the use of its studio facilities for access purposes; provided that a) public access use of the studio shall be given priority over any other use after 5:00 PM each day, and at all other times when the studio is not being used for Northland's own local origination productions; b) provision is made for meeting the studio requirements of PEG access as it grows throughout the Franchise term; c) provision is made by Northland for ensuring convenient access to the studio for PEG access production after normal business hours; and c) rules and regulations for studio use for PEG access shall be formed in consultation with the Access Provider. If the requirement of this Franchise to provide access studio facilities is met by Northland through sharing its local origination studio, and if at any time during the Franchise term the Northland studio availability is determined by the City to be inadequate to reasonably fulfill Northland's obligations under this Section 13, then Northland shall provide separate studio facilities for PEG access use. (I) Return Signal Paths. At Northland's expense,Northland shall design, construct and activate (1) a return signal transmission path from the District's administration office to carry signals of the Educational Use access channel to Northland's central electronic control center ("headend"); (2) a return signal transmission path from the Woodburn City Hall to carry signals of the Governmental Use access channel to Northland's headend; and (3) a return signal transmission path to carry signals of the Public Use access channel to Northland's headend from any single location designated by the City of Woodburn that is located within the city limits and reasonably accessible by Northland. All construction for such signal return paths shall be completed within six (6) months of the passage of this Ordinance. Other than as specifically set forth herein, Northland shall have no financial or other obligation or responsibility in connection with the PEG access channels. Page 13 - COUNCil Bill NO. 1424 ORDINANCE NO. ~ (J) (K) Page 14 . 10A Access Provider and Community Ascertainment. Within 45 days following the effective date of this Franchise, the City shall establish an Access Provider, whose purpose shall be to provide policy and management oversight of the operation of PEG access in connection with the use of the PEG access channels. Within 4 months following its formation, the Access Provider shall conduct an ascertainment of community access needs and interests in Woodburn (Ascertainment). The purpose of the Ascertainment shall be to educate community members in the possible uses of community access television, and to obtain guidance for the formation of access policy and guidelines concerning such matters as: ongoing access needs in the area of services, channels, equipment and facilities; operational and management guidelines; the budgeting of funds for access; and guidelines for an agreement with Northland (see Section 13(J) for ensuring the provision of access equipment, facilities, channels and services. Agreement between Northland and the Access Provider. Following the Ascertainment, Northland shall, within 30 days following completion of the Ascertainment and a written request by the City, enter into an agreement with the Access Provider (" Agreement"), which Agreement shall establish the manner in which Northland and the Access Provider shall cooperate to ensure the provision of access facilities, equipment, channels and services to meet community needs and interests over the life of the Franchise. Failure by Northland to enter in good faith into such Agreement in a manner fully reflecting its requirements under this Franchise, or to abide by the material terms of such Agreement, shall constitute a substantial and material violation of the Franchise. If at any time during the term of the Franchise Northland elects to fulfill its obligations for providing access services by a contract for services with the Access Provider or a person designated by the Access Provider, as allowed for in Section 13, then the Agreement with the Access Provider shall contain, or be amended to contain, the requirement and general conditions for such contract for services. (l) Annual Review Process The Access Provider shall annually review the development of all aspgcts of PEG access, and report its findings and recommendations to the City. The Access Provider's report may contain recommendations as necessary regarding amounts and sources of funding needed for PEG operations, facilities, equipment, and equipment repair and replacement, in addition to resources specifically provided for in this Franchise. COUNCIL BILL NO. 1424 ORDINANCE NO. If 10A (M) Access Support Not Part of Franchise Fees. The City and Northland agree that Northland's support of access as provided for in this Franchise, whether for channels, equipment, services or facilities, shall not be regarded as franchise fees, nor as payment in lieu of franchise fees. Section 14. As applied to Northland, the provISions of section 23(e) of Ordinance 1766 shall be amended by adding the following: Notwithstanding the foregoing, Northland shall not be required to secure the prior written approval of the City Director of Public Works for any (i) subscriber connections or hook-ups, or modifications thereto, or (ii) bona fide emergency repairs or replacements, of (iii) any construction on private property, provided that such written approval is not required by any other applicable law or regulation. As applied to Northland, the provisions of section 23(i) and section 26(d) of Ordinance 1766 shall be amended by adding the following: Notwithstanding anything to the contrary herein, except in the event of a bona fide emergency, the City shall not undertake any such activities without first providing Northland (i) written notice detailing with specificity the nature of the alleged breach, default or failure to perform, and (ii) a reasonable time period, which in no event shall be less than ten (10) days, in which to effect a cure or to commence such activities as are reasonably designed to effect a cure of such breach, default or failure to perform if the same cannot be cured within such time period. Section 15. As applied to Northland, the provIsIons of section 24(a) of Ordinance 1766 shall be amended to require a surety bond in the amount of Sixty Thousand Dollars ($60,000). As applied to Northland, the provisions of section 24(b) of Ordinance 1766 shall be deleted in their entirety. Section 16. During the term of the Franchise granted by this Ordinance, Northland shall pay to the City five percent (5%) of its Gross Revenues. The franchise fee shall be paid quarterly, in arrears, within 20 days following the last day of each fiscal quarter. P,age 15 - COUNCIL BILL NO. 1424 ORDINANCE NO. 10A Section 17. As applied to Northland, the provisions of section 26(e) of Ordinance 1766 shall be deleted in their entirety. Section 18. As applied to Northland, the provISions of section 27(j) of Ordinance 1766 shall be deleted in their entirety, and the following substituted: Should a court of competent jurisdiction, the State of Oregon or any agency thereof, the FCC, or any other agency of the federal government require Northland to act in any manner which is inconsistent with any provisions of this Franchise agreement, then the City and Northland shall make a good faith effort to mutually agree upon such reasonable amendments to this Franchise agreement as may be necessary to carry out the full intent and purpose of the Franchise. If no such agreement is possible, and if the Franchise is substantially and materially affected, then either party may terminate the Franchise on the grounds that substantial and material compliance with the original terms of the Franchises has been frustrated by such judicial, state or federal requirement. Section 19. As applied to Northland, the provisions of section 23(f) and section 27(1) of Ordinance 1766 shall be amended by adding the following: The City shall defend, indemnify, protect and save harmless Northland from and against any and all losses and physical damage to property and bodily injury or death to persons which may arise out of or be caused by the City's use of such poles or other facilities of Northland. Section 20. As applied to Northland, the provisions of section 28(e) of Ordinance 1766 shall be deleted in their entirety. Section 21. Ifany section, sentence, clause or phrase of this Ordinance is for any reason determined to be illegal, invalid, unconstitutional or incapable of being enforced by any rule of law or public policy, all other terms, conditions and provisions of this Ordinance shall nevertheless remain in full force and effect. Section 22. As applied to Northland, new sections 35 - 38 shall be added to Ordinance 1766, as follows: 35. Material Franchise Provisions. Page 16 - COUNCIL BILL NO. 1424 ORDINANCE NO. If 10A (A) The events referred to in the following subsections are regarded by the City to be substantial considerations, material to inducing the City to enter into this Franchise. Upon the occurrence of any of these events, or upon the occurrence of such other event as may be determined by the City under Section 35(B) to violate a material franchise provision, the City may, without limitation, exercise its rights under Section 36 or as set forth elsewhere in this .franchise, or such other rights as it may possess; (1) Unless otherwise specified by the City, any failure by Northland or its parent corporations to fully execute and return to the City within 45 days of written request therefor form the City, any undisputed order, contracts, agreement or documents required under this Franchise and requiring Northland's signature or acceptance; (2) The failure to pay compensation to the City for use of the streets under this Franchise; (3) The failure to provide financial support and services for PEG access under Section 13 of this ordinance, or any requirement that such financial support must be credited against compensation payable to the City under Section 17 of this ordinance. (B) The enumeration of particular material franchise provisions in Section 35(A) shall not preclude the City from later identifying other material provisions of this Franchise. 36. Remedies for Franchise Violations. (A) In addition to any rights set out elsewhere in this Franchise, or such other rights as it may possess, and to the extent authorized by law, the City reserves the right at its discretion to apply any of the following remedies, alone or in combination, in the event Northland violates any material provision of the Franchise. In determining which remedy or remedies are appropriate, the City shall consider the nature of the violation, the persons burdened by the violation, the nature of the remedy required in order to prevent further violations, and any other matters the City deems appropriate: (1) Impose monetary penalties not to exceed one thousand dollars ($1,000) per day or per incident, as may be appropriate under the circumstances; Page 17 - COUNCIL BILL NO. 1424 ORDINANCE NO. 10A (2) Require Northland to reduce its rates and charges by such amount or amounts as is reasonable in light of the violation; (3) Require Northland to make payments or refunds to its subscribers or subscriber classes in such amount and on such bases as are,reasonable. . For purposes of this subsection, subscriber class means any group of actual or potential subscribers identified by Northland on the basis of specified characteristics for the purpose of providing, marketing or establishing any combination or package of cable services, rates or charges, or for the purpose of providing or directing customer services or marketing in any form; or (4) Require Northland to correct or cure the violation prior to any rate increase becoming effective, or otherwise delay consideration of any rate increase request until the violation is corrected or cured. (B) Assessment of Penalties. It is the intent of the City to determine monetary penalties as a reasonable estimate of the damages suffered by the City, whether actual or potential. In any event where Northland fails, neglects or refuses to comply with this Franchise, or any of its terms o.r provisions, the damages suffered by the City as a result may include, without limitation, increased costs of administration and other damages difficult to measure. Therefore, monetary penalties assessed under Section 36(A)( 1) shall be considered liquidated damages. The penalties provided for in this Franchise may be imposed if Northland fails to comply with any material provision of this Franchise. (C) Termination. In addition to other rights and remedies set forth elsewhere in this Franchise, the City may a terminate this Franchise, and all of Northland's rights and privileges pertaining thereto and arising thereunder, in the event that: (1) Northland violates any material provision of this Franchise; (2) A court of competent jurisdiction determines that Northland has practiced any fraud or deceit upon the City; (3) Northland fails to obtain and maintain any permit required by any federal or state regulatory body in order to own and operate the cable system; or (4) Northland fails to maintain the full amount of its performance bond Page 18 - COUNCil Bill NO. 1424 ORDINANCE NO. 11' 10A as required under the terms of this Franchise. (D) Hearinq. Upon the occurrence of one of the events set out above, following 10 days written notice to Northland of the occurrence and the proposed termination and an opportunity for Northland to be heard, the City may by ordinance, resolution or other appropriate document, declare termination. In a hearing of Northland, Northland shall be afforded due process rights as if the hearing were a contested case hearing subject to Oregon law, including the right to cross-examine witnesses and to require that all testimony be on the record. Findings from the hearing shall be written, and shall stipulate the reasons for the City's decision. If a termination is lawfully declared, all rights of Northland shall immediately be divested without a further act upon the part of the City (E) Appeal. The City's declaration of a termination on written findings shall b~ subject to Writ of Review filed in the Marion County Circuit Court in accordance with ORS Chapter 34. 37. Notice and Oooortunity to Cure (A) The City shall give Northland thirty (30) days prior written notice of its intent to exercise any of its right under Section 36, identifying the reasons for such action. (B) If Northland removes or otherwise cures the asserted violation constituting the stated reason within the thirty (30) day notice period, or if cure is not reasonably possible within the thirty (30) day period, Northland initiates good faith efforts satisfactory to the City within the thirty (30) day period to cure the asserted violation constituting the stated reason and the efforts continue in good faith, the City shall not exercise its rights under Section 36. (C) If Northland fails to remove or otherwise cure the asserted violation constituting the stated reason within the thirty (30) day notice period, or if Northland does not undertake and continue efforts satisfactory to the City to remedy the stated reason, then the City may exercise any or all of the remedies available under Section 36 or such other rights as the City may possess. 38. Receivership. The City shall have the right to revoke and terminate this Franchise one hundred and twenty (120) days after the appointment of a receiver, or trustee, to take over and conduct the business of Northland, whether in receivership, reorganization, bankruptcy, or other action or proceeding, unless such receivership or Page 19 - COUNCil Bill NO. 1424 ORDINANCE NO. 10A trusteeship shall have vacated prior to the expiration of said one hundred and twenty (120) days, or unless: (A) Within one hundred and twenty (120) days after his election or appointment, such receiver or trustee shall have been approved by City and shall fully have complied with all the provisions of the Franchise and remedied all defaults thereunder: and (B) Such receiver or trustee, within said one hundred and twenty (120) days, shall have executed an agreement, duly approved by City, as well as the court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of the Franchise. Section 23. As applied to Northland, the words "or 'System' or 'Cable System'" shall be added following the term "CATV System" in the first line of section 2(C) of Ordinance 1766: and the following sentence shall be added to the end of section 2(C) of Ordinance 1766: Unless otherwise specified, the terms "System" or "Cable System" in this Franchise shall refer to the cable system operated by Northland in the City of Woodburn . Section 24. As applied to Northland, the provISions of section 2(P) of Ordinance 1766 shall be deleted in their entirety, and replaced with the following: (P) As used herein, the term "Gross Revenues" means any and all compensation in whatever form, from any source, directly or indirectly earned by Northland or any affiliate of Northland or any other person who would constitute a cable operator of the cable system under the Cable Act, derived from the operation of the cable system insofar as such operation in any manner requires use of the public streets and rights of way in the city limits of the City of Woodburn. Amounts identified by the City as franchise, copyright, or other license fees, shall not be excluded from Gross Revenues. Gross Revenues shall include but not be limited to basic and pay service revenues, revenues from installation and equipment rental and sale, and any leased access revenues. Gross Revenues shall also include a pro-rata percentage of local and regional advertising revenues based on subscriber count, except during any period in which Northland is actively producing and cablecasting on the cable system in Woodburn a local news program of Woodburn area news. Gross Revenues shall not include any taxes on services furnished by Northland, Page 20 - COUNCIL BILL NO. 1424 ORDINANCE NO. 1 10A which taxes are imposed directly on a subscriber or user by a City, County, State or other governmental unit, and collected by Northland for such entity. Gross Revenues shall not include amounts which cannot be collected by Northland and are identified as bad debt; provided that if amounts previously representing bad debt are collected, then those amounts shall be included in Gross Revenues for the period in which they are collected. Amounts included in Gross Revenues shall not be counted more than once; therefore, revenues of both Northland and an affiliated entity that represent a transfer of funds between Northland and the affiliated entity, and that would otherwise constitute Gross Revenues of both Northland and the affiliated entity, shall be counted only once for purposes of determining Gross Revenues. Section 25. Ooen Records and Reoorts. (A) Northland shall maintain a business office within the City for managing Northland's cable system. Northland shall manage all of its operations in accordance with a policy of keeping its records open and accessible to the City. The City shall have the right to inspect all records of Northland and affiliated entities relating to Northland's operations under this Franchise, including, but t- not limited to, income tax returns, financial statements, service complaints, logs, performance test results and other materials, at any time during normal business hours and upon reasonable notice. Northland shall not deny the City access to Northland's records on the basis that: (1) Northland's records contain trade secrets or are otherwise commercially confidential; or (2) Northland's records are under the control of an affiliated entity, rather than Northland. Northland shall, within ten (10) days of receipt or mailing by Northland, provide copies to the City of any communications to and from any regulatory agency having jurisdiction over Northland pertaining to any alleged, apparent or acknowledged violation by Northland of any applicable rule or law of the agency regarding Northland's provision of cable services under this franchise. (B) Annual Reoorts. Northland shall annually present a written report to the City (the "Annual Report"). Northland shall submit the Annual Report no later than April 15th of each year , following the end of Northland's calendar fiscal year. Except as otherwise provided by City Council by ordinance, the Annual Report shall include information for Northland's operations within the City for Page 21 - COUNCil Bill NO. 1424 ORDINANCE NO. 10A the immediately previous year, including but not limited to: (1) System structural and operating information: (a) System ownership, including all levels of parent corporations and related ownership percentages; (b) An organization chart for Northland, listing officers and members of the board of directors, department heads, and supervisors for major activity centers by category; (c) Total cable system mileage and overall homes passes; (d) The number of standard cable subscribers, pay subscribers (by service) and pay-to-basic percentages, along with, numbers of other categories of subscribers, such as by tiers, as the City may reasonably require. (e) Cable services provided on the cable system, including services begun or dropped during the previous year; and (f) A schedule of all of Northland's rates and charges. (2) A summary of previous year's activities: (a) Northland's local origination programming activities during the year and activity on Northland's channel designated for local origination programming. (b) Audits and investigations conducted to detect illegal connections and other attempts at unauthorized access to Northland's cable system; (c) Northland's development or incorporation of new technology on the cable system, such as addressability, interactivity, pay-per- event programming, teletext, data communications or other entertainment and non-entertainment services; (d) Marketing and development of leased access channels and usage patterns for such channels, if any; (e) A list of all material petitions, applications, communications, Page 22 - COUNCIL BILL NO. 1424 ORDINANCE NO. ... 10A and reports submitted by Northland and its parent corporation to the FCC, the Securities and Exchange Commission or any other federal or state regulatory agency having jurisdiction in respect to any matters affecting Northland's cable services within the City. Northland shall make copies of any such documents and their replies from respective agencies available to the City upon request. (3) Financial Information: (a) Financial statements for Northland Cable Television, Inc. prepared in accordance with generally accepted accounting principles and audited by an independent certified public accountant. Financial statements for Northland's Woodburn area cable system and, separately, for its cable system within the City, prepared in accordance with generally accepted accounting principles. For purposes of this Section, Woodburn area cable system means the regional cable system served by the same headend as the cable system serving the franchise area. A responsible corporate officer shall certify that the financial statements for Northland's cable system within the City are an accurate reflection of the operations of Northland or its affiliated entities, consistent with any attached notes and disclosures. The City reserves the right to require, if good cause exists as reasonably determined by the City, that the financial statements for Northland cable system within the City be reviewed or audited by an independent certified public accountant; the cost of such review or audit shall be borne by Northland if the review or audit reveals underpayment of more than 1 % of the franchise fees required by Section 17, and otherwise by the City. Financial statements for the Woodburn area cable system and for the City shall include a statement of operations and a description of the allocation methodologies a other information as needed to allow proper interpretation of the statements. If Northland makes a significant change in its accounting methods in any year, Northland shall disclose such change and include a restatement of the financial statements submitted in prior years to the extent that such restatement may be required by generally accepted accounting principles. The financial information shall be in sufficient detail to include: (i) Gross Revenues by category, such as basic, pay, pay- Page 23 - COUNCIL BILL NO. 1424 ORDINANCE NO. 10A per-view, advertising, installation, and other miscellaneous revenues; (ii) Operating expenses by category, such as purchased programming services, local origination programming, technical support and maintenance, marketing, management fees, and other general and administrative expenses. Deferred or non-cash expenses shall be separately identified; (iii) Other expenses, such as depreciation and amortization, interest expenses, and income taxes paid and accrued, as applicable; (iv) Capital expenditures by category, such as headend equipment, distribution plant, converters, programming equipment, test equipment, and, buildings and improvement, vehicles or other facilities; (v) Any incurrences or repayment of debt, and remaining outstanding debt by lender or type, including interest rates and future payment terms; (vi) Any contributions from distributions to or other transactions with affiliated entities, in any form; and (vii) Detailed information regarding the amounts paid, and the Grantee's method of accounting for, City franchise fees and utility taxes, including a description of the computation of such fees and taxes, and a reconciliation of Gross Revenues to the computational bases used. (b) A statement of Gross Revenues for Northland's cable system within the City, consistent with the financial statements provided under Subsection 25(B)(3)(a); (c) Forecasts of subscriber numbers and Gross Revenues by category through June 30th of the next year; (d) Planned construction, upgrade or rebuild activity of Northland's cable system within the City for the current year and the projected costs of such activity; and Page 24 - COUNCIL BILL NO. 1424 ORDINANCE NO. 'If 10A (e) Northland's annual corporate report, if any, including its audited financial statements. (4) General Reports. Northland shall prepare and furnish to the City, at the times and in the form reasonably prescribed by the City, such other reports with respect to its operation, affairs, transaction or property as the City may deem reasonably necessary or appropriate to the performance of the City's rights, functions or duties under this Franchise. (5) Format/Public Hearina. The City, after consultation with Northland, may reasonably specify the form and details of all Northland's reports required under this Franchise. If directed by the City, Northland's annual report, if any, shall be presented at a public hearing at which Northland shall summarize the contents of the annual report and members of the , general public may comment thereon. (C) As applied to Northland, the provisions of sections 23(a), 25(d), 25(e) and 27(n) of Ordinance 1766 shall be deleted in their entirety. Section 26. Public Records. Northland acknowledges that information submitted to the City is subject to the Oregon Public Records Law, and is open to public inspection. Northland is responsible for becoming familiar with and understanding the provisions of the Oregon Public Records Law. Section 27. No Recourse Aaainst Citv. Northland shall have no recourse whatsoever against the City or its officials, boards, commissions, agents or employees for any loss, costs, expense or damage arising out of any provision or requirement of this Franchise or because of the enforcement of this Franchise or in the event this Franchise or any part thereof is determined to be invalid. Section 28. Forum. Any litigation between the City and Northland arising under or regarding this Franchise shall occur, if in the state courts, in the Marion County Court having jurisdiction thereof, and if in the federal courts, in the United States District Court for the District of Oregon. Section 29. Written Acceptance. (A) On or before thirty days after this ordinance becomes effective, Northland Page 25 - COUNCIL BILL NO. 1424 ORDINANCE NO. ~ 10A shall file with the City Recorder's office a written acceptance and guaranty of this Franchise, duly executed by Northland, in the form attached hereto as Exhibit II A ". (B) Failure to File Acceptance. Any failure on the part of Northland to file such written acceptance and guaranty within such time shall be deemed an abandonment and rejection of the right and privileges conferred by this Franchise, and this ordinance shall thereupon be null and void. Section 30. EmerQencv Clause/Effective Date. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect on October 20, 1992 after passage and approv~~. Approved as to for~: V l. r ~ City Attorney Page 26 - COUNCIL BILL NO. 1424 ORDINANCE NO. .". 10A EXHIBIT "A" ACCEPTANCE AND GUARANTY City Recorder City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 This is to advise the City of Woodburn, Oregon {the "City"} that Northland Cable Television, Inc. ("Northland") hereby accepts the terms and provisions of Ordinance No. , passed by the City Council on , 1992 (the "Franchise") granting a franchise for ten years to Northland Cable Television, Inc. Northland agrees to abide by each and every term of the Franchise. In consideration for the benefits to be received by Northland under the Franchise and as an inducement to the City to enter into the Franchise, Northland hereby agrees to guarantee performance by its affiliates to whom the Franchise is voluntarily transferred, if so ordered by the City Council, of all of Northland's obligations under the Franchise. NORTHLAND CABLE TELEVISION, INC. BY: TITLE: DATE: BY: DATE: BY: DATE: Page 27 - COUNCIL BILL NO. 1424 ORDINANCE NO. lOB' COUNCIL BILL NO. /42~ ORDINANCE NO. AN ORDINANCE ANNEXING AND RECLASSIFYING CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF PARR ROAD BETWEEN THE BRANDYWINE SUBDIVISION ON THE EAST AND CENTENNIAL PARK ON THE WEST FROM MARION COUNTY URBAN TRANSITION (UT) ZONE TO CITY OF WOODBURN SINGLE FAMILY RESIDENTIAL (RS) DISTRICT. WHEREAS, the Woodburn Comprehensive Plan Map has established certain land uses within the City of Woodburn's Urban Growth Boundary, and WHEREAS, the Woodburn City Council has reviewed the record in Annexation Case No. 92-03, and Zone Change Case No. 92-03 and considered the public testimony previously presented, NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The legal description of the involved real property is as follows: A parcel of land located in Section 13, Township 5 South, Range 2 West of the Willamette Meridian and in Section 18, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon. Beginning at the most Northerly Northwest corner of said Donation Land Claim No. 84 and the Southwest corner of the Donation Land Claim of Edward Belonger and wife,and running thence East 70.25 chains, more or less, to the West boundary of the S.P.R.R. right of way; thence South 400 15' West along the West boundary of said S.P.R.R. right of way, 21.90 chains, more or less, to the South boundary of an 8.28 acre tract of land conveyed by Francis Morrain and wife to Ada Jones, by deed recorded May 23, 1889; thence North 890 15' West 56.29 chains, more or less, to a point 16.50 chains due South of beginning; thence North 16.50 chains to the place of beginning. ALSO Beginning at the Southwest corner of the Donation Land Claim of Edward Belonger in Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon; thence East 70.34 chains to the West line of the right of way of the Southern Pacific Railroad; thence North 410 15' East 5.44 chains along said railroad right of way to the center of the County Road leading through the Western part of the City of Woodburn; thence North 180 35' East 4.32 chains along the center of said County Road; thence West 75.27 chains; parallel with the South line of the Donation Land Page 1 - COUNCIL BILL NO. ORDINANCE NO. 10B' Claim of Edward Belanger; thence South OC) 15' West 8.18 chains to the place of beginning. SAVE AND EXCEPT land conveyed to E.A. Cunningham and L. Cunningham, husband and wife, by Elmer E. Settlemier and Ada A. Settlemier, his wife, by deed dated April 25, 1908 and recorded April 27, 1908, in Volume 103, Page 154, Deed Records for Marion County, Oregon. ALSO SAVE AND EXCEPT land conveyed to Portland, Eugene and Eastern Railway Company, a corporation, by Elmer E. Settlemier and Ada A. Settlemier, his wife, by deed dated May 27, 1913 and recorded June 5, 1913, in Volume 129, Page 182, Deed Records for Marion County, Oregon and subsequently deeded to Southern Pacific Company, by Portland, Eugene & Eastern Railway Company, recorded July 10, 1915, in Volume 137, Page 76, Deed Records for Marion County, Oregon and also deeded to Southern Pacific Transportation Company, by Southern Pacific Company, recorded December 15, 1969, in Volume 675, Page 762, Deed Records for Marion County. ALSO SAVE AND EXCEPT land conveyed by E. Urbane Widmer and Beulah Widmer, husband and wife, by deed recorded June 30, 1975, in Reel 18, Page 1881, Marion County Records, as follows: Beginning at a point in the center line of County Road No. 517 (Parr Street) said point being 540.00 feet North 000 15' East and 1297.85 feet South 89041' 30" East and 2599.55 feet South 890 39' East from the most Northerly Northwest corner of the Peter Raymond Donation Land Claim No. 88 in Township 5 South, Range 2 West of the Willamette Meridian in Marion County, Oregon, said point of beginning being also the Northwest corner of that certain tract of land conveyed to E. Urbane Widmer and Beulah Widmer by deed recorded in volume 498, Page 585 Marion County Deed Records; and running thence North 890 39' West along the center of said County road 6.31'; thence South 000 43' 30" West 412.01'; thence South 8r 53' 40" East 114.06'; thence North 000 21' East 15.50' to the Southeast corner of said Widmer tract; thence North 000 21' East along the East line of said Widmer tract 400' to the Northeast corner of said Widmer tract and the center line of said County Road; thence North 890 39' West along the North line of said Widmer tract in the center of said County Road 105' to the point of beginning. ALSO SAVE AND EXCEPT Beginning in the center of a County Road at a point which is 540.5 feet North OC) 15' East and 1208.58 feet from the most Northerly Northwest corner of the Peter Raymond Donation Land Claim in Township 5 South, Range 2 West of the Willamette Meridian in Marion County, Oregon; thence south 1622.50 feet to the South line of Page 2 - COUNCIL BILL NO. ORDINANCE NO. 108 a tract of land conveyed to Dan Widmer and Elfie M. Widmer, husband and wife, by instrument dated May 24, 1944, and recorded June 14, 1944, in Volume 304, Page 98, Deed Records for Marion County, Oregon; thence South 89040' East along the South line of said tract, 660.0; thence North 1625.84 feet to the center of said County Road; thence West along the center of said County Road, 660.0 feet to the place of beginning. ALSO SAVE AND EXCEPT Beginning in the center of a County Road at a point which is 540.5 feet North 00 13' East and 1888.56 feet from the Northerly Northwest corner of the Peter Raymond Donation Land Claim in Township 5 South, Range 2 West of the Willamette Meridian in Marion County, Oregon; thence South 1625.84 feet to the South line of a tract of land conveyed to Dan Widmer and Elfie Widmer, husband and wife, by instrument dated May 24, 1944 and recorded June 14, 1944, in Volume 304, Page 98, Deed Records for Marion County, Oregon; thence South 890 40' East along the South line of said tract, 802.30 feet; thence North 1629.90 feet to the center of said County Road 802.30 feet to the place of beginning. ALSO SAVE AND EXCEPT land conveyed to Thomas P. Campbell and LaVerne Campbell, by Eva Marie Obrist, recorded November 23, 1965, in Volume 609, Page 696, Deed Records for Marion County, Oregon. ALSO SAVE AND EXCEPT land conveyed to Landura Corporation, a California corporation, by Eva Marie Obrist, recorded June 19, 1974, in Volume 780, Page 682, Deed Records for Marion County, Oregon. Section 2. The real property described in Section 1 of this Ordinance is hereby annexed to the City of Woodburn with the inclusion of that portion of Parr Road right of way that fronts the School District Property. Section 3. The zoning designation of said real property is hereby reclassified from its present designation of Marion County Urban Transition Zone (UT) to City of Woodburn Single Family Residential (RS) District. Section 4. The zoning reclassification is subject to the conditions contained in Exhibit "A", attached hereto and incorporated herein, that the Council finds reasonable. Section 5. The annexation, and zoning reclassification of said real property are based upon staff report and, specifically, the findings contained in the staff report which are attached hereto as Exhibit "B" and by this reference incorporated herein. Page 3 - COUNCIL BILL NO. ORDINANCE NO. ~ 10B Section 6. The City Administrator or his designee is hereby directed to correct the Woodburn Zoning Map to the classification herein made. Approved as to for::n~ City Attorney 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 4 - COUNCIL BILL NO. ORDINANCE NO. EXHIBIT II A" CONDITIONS OF APPROVAL 1. A notarized letter requesting annexation from the property owners. 2. The decision at right-at-way tor an arterial street that runs parallel to the School District south property line. 3. The City annex that portion at Parr Road right-at-way that fronts the School District property to the City limits to the east. 10B ~.. 108 EXHIBITHB" STAFF REPORT ANNEXATION 92-03 INTRODUCTION The Woodburn School District is interested in purchasing approximately 48 acres for needed additional school facilities. The District has concluded that a facility should be sited in the south central portion of Woodburn to better serve this area of our community. A conceptual site plan is attached as exhibit "B". 1. Location: The 48 acre site is located on the south side of Parr Road between the Brandywine Subdivision on the east and Centennial Park on the west. See Exhibit ItA". 2. Property Owners: Louis & Elsie Berning, 285 Canyon Mesa Dr., Sedona, AZ 86335 3. Existing Conditions of the Area Land Area: Acres - 48 acres General description of the area: 1. Slopes: - 0 to 3% 2. Vegetation: - farm crops 3. Drainage: - attached engineer's letter Exhibit "C" 4. Flood Area - property is not in flood area 5. Sewage disposal: - see map on Exhibit "N' 6. Utilities (gas, elect, tele) - see map on Exhibit "A" Existinq Land Use: 1. Number of single family units: ~ 2. Number of multiple family units: ~ 3. Commercial -1L Industrial -1L Public Uses ~ 4. Open Space ~ acres. 4. Wetland Determination: The City of Woodburn contacted the Division of State Lands (DSL) who are responsible for reviewing developments that may affect wetlands. OSL's response was that none of the property meets the wetland criteria. See Exhibit "0". .. 10B ~ .~ ~XHIBIT IIBO 5. Public Facilities: Mitchell, Nelson, Welborn, Reimann Associates, Inc. have addressed, on a preliminary level, the opportunity to secure water and sewer service. Also preliminary observations have been investigated as to how to handle storm water run off. See Exhibit "E". As for street improvements and more detailed analysis of public facilities those would be addressed at such time as the Planning Commission reviews the School Districts site plan. 6. Applicable Criteria: A. Woodburn Comprehensive Plan a) Chapter IV Existing Lands: 1) It was in 1973-74 the City began working on the establishment an Urban Growth Boundary. This boundary was established in 1980. The applicants property lies within that Urban Growth Boundary . b) Chapter V Open Space, Scenic and Historic Areas and Natural Resources. Lands needed for open space are certainly accommodated with this proposal. A substantial amount of the property will be utilized for outdoor recreation and other activities. In regards to protection of wetlands none have been identified on this site by DSL c) Chapter IX Goals and Policies Policy A-1 page 42 identifies the fact that liThe neighborhood should provide a focus and identity within the community and should have a community facility to allow for interaction within the neighborhood." There area no parcels 48 acres in size within the City Limits that can accommodate a school site therefore land within the UGB was assessed for development. Policy 0-1 page 46 state that there should be a five year supply of vacant land within the city. Policy H page 49 identifies the fact that public services must be available to all areas of the city in the way of water, sewer and streets. Those services are available to the site. Policy 1-1-2 page 51 requires a transportation system to interconnect residential areas with school and parks. This proposal will at the time of site plan review will require an -~ 108 EXHIBIT IIBII analysis of various modes of transportation i.e. street improvements, sidewalks, bike lanes and pedestrian trails. Policy J-1 page 55 states that growth should be orderly and accompanied by necessary public services. Of course providing adequate school facilities is one of those primary public services. d) Chapter X The Land Use Plan Policy E page 73 states that II In addition to the four major types of land uses, lands for public use are shown. These are lands which are used or intended for governmental units including lands which are currently owned by the City or School District. Future acquisition sites are not indicated, however, as this may tend to affect the price the public will have to pay. As the location of these sites depends a great deal on price and availability, the City and School District will have to make the decisions at the time the acquisition is needed as to the best 10cation.1I e) Chapter XII Implementation of the Plan Growth management' pages 83-86 identifies the fact that providing adequate public facilities such as schools is an integral part of good growth management policy. f) Urban Growth Policy - City of Woodburn/Marion County The proposal has been submitted to Marion County for review. 7. Findings: 1 . The proposed site lies within the City's Urban Growth Boundary 2. The Comprehensive Plan Map designates this property for single family residential use. 3. Schools are permitted as a Conditional Use in single family residential designated areas. 4. The property has no identified wetlands. 5. Public services in the way of water and sewer are available. 6. The property is not subject to flooding. 7. The request will fulfill a future public need. RECOMMENDATION: Staff recommends approval of the Annexation request. ~. 10B EXHIBIT "B" CONDITION OF APPROVAL: 1. A notarized letter requesting Annexation trom the property owners. 2. The dedication ot right-ot-way tor an arterial street that runs parallel to the School Districts south property line. 3. The City annex that portion ot Parr Road right-ot-way that fronts the School District property to the City limits to the east. " ~~~l\O~ trLox I (\il iTY /1t1Ap ". -.... . ... .", . ~I'r 'J .2 '1 ~ol2..~ ,5' S(?;# J / f A~f(fi T Si1i L f:.X\--\ \ \5\\ J\ - e XI{ (f?J {T (CBIt ARR ROAD EXHIBIT "B"N ,"", .;1<>::>' . W -} E 5 -, - ..r 'l) . 1"'1 CD or - . ~. i~ -, . .~ ~" ~~ . . ~ '<l N . -c .. ~ .fl D 3 z: f,\ t' i... .~ . r. \,. .. , , ... .. ", .. . ~ ~p.. ~ (1~~D5 . . , . ~ \0 I . ,'\~ ... \\ ~,\. . ~p. " . . .. .. ... ... p~AY PI & l-DS 10B o~ ,LOS- t - ........: . -' '-~ G - - - ,.l., 4- 40-, V . - , : ". '.- .,:' OJ o o V1 \{) ID M CO "- ,0 ,~ ~v ~ ~~ ",~Xi< ~o_ ()'V / o EX\-\ \ ~f\ ~ . . - ":.f":;-"'- ~:: (.., ' ;t::r.-....".: " . . ,-~ t'." .... ,,'~ D-::~.H,,,,""i ~'''.. .:... ,r-," ;:. ::"....... ~ '(~::t:~ ~ .. "". --......(~ ..:},\~.t..:0~~'<:.r ... EXHIBIT "B" "1 "--l. . , 108 EXHlglT l(CII.~ B-3~ F-2500-01 FUJITANI HILTS & ASSOCIATES, INC. /FHA/ GEOTECHNICAL CONSULTANTS July 2, 1992 Ms. Marci Christian Woodburn School District No. 103 965 N Boones Ferry Road Woodburn, Oregon 97071-9674 PRELIMINARY GEOTECHNICAL EVALUATION PARR STREET SCHOOL SITE Dear Ms. Christian: In response to your request and authorization on July 2, we have completed a preliminary geotechnical evaluation of the above property. The purpose of this evaluation was to de- termine if existing soil conditions, as they relate to foundations and earthwork, would negatively impact your Boards intention to purchase this property for eventual school con- struction. Our study was based upon a site visit by our Geologist, Kim Elliott, on July 1, our general knowledge of the area, and a review of available file information on a nearby project. The work did not include an environmental assessment of the site to determine the possible presence of hazardous materials. This report was prepared for your use in determining the feasibility of purchasing the sub- ject property. It is not intended as a design document or to be used in place of a compre- hensive geotechnical investigation for project design. We would appreciate the opportunity to prepare a proposal for a site-specific geotechnical investigation if you proceed with the purchase of the property and project development. SITE CHARAcrERISTICS The site is located on the south side of Parr Street immediately west of Elana Way. From the City map you have provided, it appears to consist of about 55 acres with 1,400 feet fronting Parr Street. The site is currently a relatively level, open, cultivated field. The site and surrounding undeveloped areas have been farmlands dating back to at least 1936. There are currently no buildings on the site. The school site is located within the Willamette basin that was formed by the folding and faulting of Columbia River Basalt flows and older marine sedimentary rocks. The basin 2255 S.W Canyon Rd. . Portland, OR 97201 . 5031223~6147 . FAX 5031223~6140 1;'1 U \ 'R \\ r ~~, .~ ~~ EXHIBIT "B" 108 , . Ms. Marci Christian July 2, 1992 Page 2 F-2500-01 has been partially filled with consolidated and semi-consolidated non-marine sedimentary deposits. The most recent of these deposits are the Willamette Silts which were deposited by water back-flooded from the Columbia and Willamette Rivers during catastroPhic flooding some 12,000 to 19,000 years ago. The Willamette silts underlie the current ground surface, and consist generally of interlay- ered fine sandy silts, clayey silts, silty fine sands and occasionally silty clays. Beneath the site, these soils probably extend several tens of feet below the ground surface. Regional groundwater is usually relatively deep and occurs within the underlying sands and gravels of the Troutdale Formation. However, local and seasonal groundwater can be perched within the more permeable zones of the Willamette Silts, and during the wet season water levels can rise temporarily to, or close to the ground surface. GEOTECHNICAL CONSIDERATIONS The site, in our opinion, will prove acceptable for conventional continuous and individual spread footing foundations for typical school construction. Allowable bearing in the Willamette silts generally varies from 1,500 to 3,000 pounds per square foot depending on site-specific conditions. Parameters for foundation design should be determined on the basis of explorations during the design phase. Site preparation usually entails stripping the of the upper 12 to 18 inches from beneath building and pavement areas to remove the topsoil and root zone. The underlying undis- turbed soils, after proof rolling, will provide and acceptable subgrade for pavement, floor slab, and structural fill construction, in our opinion. The on-site soils can be used for fill, but they are sensitive to placement moisture content and workability is poor, so their use as fill is sometimes limited landscaping and yard areas where compaction is not criticaL The practicability of using on-site soils for structural fill will depend upon support requirements and anticipated moisture conditions at the time of construction. Drainage within the Willamette silts is typically poor. Because of this and high seasonal groundwater, the site will not prove acceptable for water discharge through conventional drywells, in our opinion. Surface runoff should be channeled in surface ditches or shallow retention basins, or collected and discharged into storm sewers if available. Special drain- age provisions may also prove necessary beneath gymnasium floor slabs and other areas that may be particularly sensitive to subgrade moisture. Drainage will also require special attention with respect to running tracks and athletic playfields. F )( \~ \ ~ \ \" c lr ~. .~ EXHIBIT "B" 108 Ms. Mard Christian July 2, 1992 Page 3u F-2500-01 CONCLUSIONS Based upon our study and evaluation of the proposed site, and assuming dev~lopment for typical school facilities, it is our opinion that there are no unusual geotechnical site charac- teristics that would preclude purchase of the property. We trust that this information will satisfy your present needs. Sincerely, FUJITANI HILTS & ASSOCIATES by f}~~t;-!;a- . Senior Vice President F25000lA.DOR [)(\-\ \ \S \\ C lr 10C COUNCIL BILL NO. / #-21D ORDINANCE NO. AN ORDINANCE ANNEXING AND RECLASSIFYING CERTAIN PROPERTY LOCATED IN THE SOUTH EAST QUADRANT OF THE INTERSTATE 5 SOUTH OF STATE HIGHWAY 214 FROM MARION COUNTY URBAN TRANSITION (UT) ZONE TO CITY OF WOODBURN SINGLE FAMILY RESIDENTIAL (RS), MULTI-FAMILY RESIDENTIAL (RM) AND COMMERCIAL GENERAL (CG) DISTRICTS. WHEREAS, the Woodburn Comprehensive Plan Map has .established certain land uses within the City of Woodburn's Urban Growth Boundary, and WHEREAS, the Woodburn City Council has reviewed the record in Annexation Case No. 92-02 and Zone Change Case No. 92-03 and considered the public testimony previously presented, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The legal description of the involved real property is as follows: A parcel of land lying in the A. Dubois Donation land Claim No. 98, and the M. lore Donation land No. 61, in Sections 12, 13, and 14, Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon, said parcel being more particularly described as follows: Beginning at a 5/s inch iron rod marking the Southwest corner of the A. Dubois Donation land Claim No. 98, in said Township and Range and running thence South 000 39' 31" West 530.27 feet to a % inch iron pipe; thence North 890 32' 2011 West 2110.97 feet to a point on the Easterly right of way line of Interstate Highway 5; thence along said right of way line North 350 53' 54" East 3649.14 feet to a point on the Westerly line of said Donation land Claim No. 98; thence along said Donation land Claim line South 000 31' 6511 West 69.04 feet; thence continuing along said Easterly right of way line North 350 57' DO" East 246.21 feet; thence South 880 51' 55" East 1349.22 feet; thence North 00040' 55" East 27,96 feet to a point on the Southerly line of West Hayes Street; thence along said Southerly line South 880 51' 5511 East 628.17 feet to a point on the Westerly line of Evergreen Road; thence along said Westerly line South 000 47' 17" West 2111.00 feet to a 5/s inch iron rod; thence North 890 28' 1311 West 2110.60 feet to a point on first said Westerly line of said Donation land Claim No. 98; thence along said Westerly line South 000 31' 5511 West 470.58 feet to the point of beginning all in Marion County, Oregon. Section 2. The real property described in Section 1 of this Ordinance is hereby annexed to the City of Woodburn. Page 1 - COUNCil Bill NO. ORDINANCE NO. lr 10C Section 3. The zoning designation of said real property is hereby reclassified from its present designation of Marion County Urban Transition Zone (UT) to the City of Woodburn Single Family Residential (RS), Multi-family Residential (RM) and Commercial General (CG) districts. Section 4. The zoning reclassification is subject to the conditions contained in Exhibit "A", attached hereto and incorporated herein, that the Council finds reasonable. Section 5. The annexation, and zoning reclassification of said real property are based upon the staff report and, specifically, the findings contained in the staff report which are attached hereto as Exhibit "B" and by this reference incorporated herein. Section 6. The City Administrator or his designee is hereby directed to correct the Woodburn Zoning Map to the classification herein made. Approved as to fO~~ ~ City Attorney If) I '6 /12- Dbte I 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 2 - COUNCIL BILL NO. ORDINANCE NO. ... 10C EXHIBIT "A" CONDITIONS OF APPROVAL 1. Prior to any development of the 173.84 acre parcel the comprehensive map be amended to generally reflect the applicant's proposed land configuration (C.P. 92-02). . 2. Assist the city in amending its 1985 Transportation Plan for the Highway 214, 1-5 interchange Parr Road area, prior to development, to bring it into compliance with OAR 660-12-060(1 )(b) regarding adequate transportation facilities to support proposed land uses. 3. Any reconfiguration of the land use designations maintain the same ratios as identified on the original comprehensive plan. - ExMbtt A8" Page 6 of 24 10C STAFF CONCLUSIONS: The goals and policies in this section of the report are those which staff determined to be the most applicable to the annexation request: 1) .. .. .Annexation policies are extremely important for the City. While it is important that enough land is available for the necessary development anticipated in the City of Woodburn, it is also essential to prevent too much land being included in the city limits as this leads to inefficient, sprawling development. Because of the need to plan for public improvements. the City should insure that there is a five year supply of vacant land within the City. Services should be provided to that land during five year period...". (Annexation Policies, page 46. Policy 0-1 ) CONCLUSION: The parcel is already within the identified urban growth area which is considered to be available for urban development. There are no alternative sites within the city limits that are sufficient to accommodate a mixed-use development plan of this nature. 2) .. ...Growth goal is to grow to a population of approximately 18.000 by the year 2008. This growth should be orderly and accompanied by the necessary public services. The growth should be balanced in residential, industrial, and retail sectors of the City. As much as possible. the growth should not add any additional burdens on the City's taxpayers." (Growth Goal. page 55, Policy J-1) CONCLUSION: The Comprehensive Plan contains an inventory of lands that are suitable for economic and residential growth. The site has been designed to accommodate the proposed 57.9 acres of commercial and 101.7 acres of residential land. City services are available to the site. 3) It.. .Conversion of land within the boundary to urban uses shall be based on a consideration of: a. Orderly. economic provision for public facilities and services; CONCLUSION: The site has access to public facilities and services. b. Availability of sufficient land for the various uses to insure choices in the market place; CONCLUSION: The site will provide approximately 56.3 acres of commercial land, 31 acres of high density residential land and 70.5 acres of low density residential land. This site provides a variety of development opportunities and certainly increases choices in the market place. Page 5 - Staff Report Exhitii:1t -8" Page 5 of 24 6) It should be noted that the site is already planned for commercial and residential uses. The proposed plan map amendment reflects only the relocation of already des~gnated acreages -- components of the Comprehensive Plan Map, already approved. Therefore, it does not disturb the balance of the vacant land inventory for the city and, at the same time, enhances the opportunity of market choices to better utilize the available undeveloped land. 10C 7) The following City services are available to the site: Infrastructure: This development will connect to an existing 12" water line along the northern property line of the site. Per the City's request, a loop water system will be designated to run from Parr Road around the proposed development to connect to Settlemier in the future. A water detention facility may be necessary in order to treat stormwater. If required, the facility will be incorporated into the commercial and multi-family site designs. The City's Public Works Department will be installing a lift station in order to connect a gravity flow sewer line along the new road to the lift station. The solid waste will be 'pumped to an existing treatment facility. Schoollmoact and Availability: The nearest school facilities include Nellie Muir Elementary, Woodburn Junior and Middle School, and Woodburn Senior High School. The potential impact at future build out is estimated as follows: 72 acres single family x 4) units per acre 288-300 residences x .5 elementary students = approx 150 students 30 acres multi-family x (15) units per acre 450 units x .5 elementary students/unit The Woodburn School District has been contacted regarding this project to explore the possible need for an additional school site (see Applicant's Exhibit D). Park and Recreation Facilities Availability: The Parks and Recreation Department has advised the developer that they are desirous of receiving the development fees to develop the existing parks. The owner is aware that the city would prefer cash in lieu of parkland (see Applicant's Exhibit E). Page 4 - Staff Report y 10C STAFF COMMENTS -- BACKGROUND INFORMATION Exhibit -811 Page 4 of 24 1) The site is located within the identified urban growth area which is urbanizable and is considered to be available for urban development. This site (173.84 acres) is planned for residential uses, both low density and high density, and for commercial development. This planning area is located on the current Woodburn Comprehensive land Use Plan. Since the site is not within the city limits, the zone designations must be brought into conformance with the Comprehensive Plan. 2) The site has been designated on the plan for approximately 57.8 acres of commercial zoning, 31.8 acres of multi-family zoning, and 87.3 acres of single-family zoning. It should be noted that the proposed annexation Master Plan for this parcel will be in conformance with the current Comprehensive Plan relative to acreage, but the arrangement of zoning districts will be altered to create a better site plan design. The developer proposes to provide approximately 55.3 acres of commercial, 31.0 acres of multi-family and 70.5 acres of single family, leaving approximately 17.8 acres for public streets and open space. 3) The redistribution of the zoning districts is intended to place the commercial uses adjacent to arterial systems and the Interstate 5 corridor. As a result of this redistribution, the residential areas will be buffered by the commercial district and integral with the existing Senior Estates Development (see Applicant's Exhibit B). 4) The following objectives were taken under consideration in relocating land use patterns in this area: · spread commercial areas along 1-5 (this configuration provides a better opportunity for "freeway oriented" commercial development) · provide a multi-family zone buffer between the commercial freeway frontage and the residential areas to the east · eliminate Evergreen Road and Hayes Street as major collectors for the southeast commercial development 5) The developer requests that the 173.84-acre parcel be annexed to the City of Woodburn because there are no alternative sites within the city limits sufficient in size to accommodate a mixed-use site plan of this nature. The parcel is in single ownership and it is designated commercial (58 ac), high density residential (32 ac) and low density residential (72 ac) on the Comprehensive Plan. The identified districts are also essential parts of the integrated conceptual plan for the 173.84 acres and, therefore, the parcel should be annexed in one piece to provide for a better planning balance in coordinating residential and commercial sectors of the city and, at the same time, provide a more efficient and socially acceptable transportation system to accommodate the site development. Page 3 - Staff Report If 10C Exhibit IIBII Page 3 of 24 SITE CHARACTERISTICS: The site is a flat parcel of land, currently under farming use. It is composed of a large rectangle, adjacent to a large triangular portion of farm ground. There is a slight natural slope of the property to the northwest area and natural drainage occurs in that direction. The majority of the site is well drained; however, there are a few areas where standing water is present. These areas are located in the southeast quarter of the site. There is one small site located on the property which classifies as a "farmed wetland" (300' x 85') but the applicant did not pinpoint the exact location of the wetland. The property is not subject to flooding. Vegetation on the site is a mix of seed grasses. There is little or no natural vegetation on the site because it has been under farm production for several years. Page 2 - Staff Report 1r 10C STAFF REPORT ANNEXATION #92-02 ZONE MAP AMENDMENT #92-03 COMPREHENSIVE PLAN MAP AMENDMENT #92-02 PARTITION NO. 92-04 Exhibit uBu Page 2 of 24 APPLICANT: CAPITAL DEVELOPMENT COMPANY PROPERTY LOCATION: The site is located adjacent to Interstate 5, south of State Highway 214. The parcel is bordered by Evergreen Road to the east and West Hayes Street on the north. (see Applicant's Attachment A) REQUEST: 1) The Applicant requests the annexation of approximately 173.84 acres to the City of Woodburn. 2) In addition, the applicant is requesting a zone change from Marion County zoning of UT Zone (Urban Transition) to the City of Woodburn zoning districts of commercial, multi-family and single- family with concurrent redistribution of commercial, high density and low density designations on the Comprehensive Plan Map. (see Applicant's Attachment B) CURRENT ZONING: UT (Urban Transition) Zone, outside the city limits but within the Urban Growth Boundary area of Woodburn COMPREHENSIVE PLAN DESIGNATION: COMMERCIAL - approximately 58 acres HIGH DENSITY RESIDENTIAL - approximately 32 acres LOW DENSITY RESIDENTIAL - approximately 87 acres Page 1 - Staff Report lr 10C STAFF REPORT CAPITAL DEVELOPMENT Exhibit "B" Page 1 of 24 Introduction The Capital Development Company is requesting annexation of their 173.84 acres into the City of Woodburn. They are also requesting the city amend the Woodburn Comprehensive Plan Map to reflect a land use pattern that is seen, by the developers, as compatible with adjacent land uses. The result of this action would not diminish the acreage sizes presently designated for each of the three land use categories of single' family, multi-family and commercial, only rearrange their configuration. The last section of this proposal calls for the partitioning of this 173.84 acres into two parcels divided by dedicated right-of-way that will extend from Stacy Allison Avenue on the north to their south east/west property boundary (ExhibitS). The intent is to connect this street {Prairie Blvd} to Parr Road. As for a development proposal, there are no accompanying site design plans at this time. It is anticipated by the developer the first phase of construction will consist of a multi-family apartment complex ~nd retail store. Any development proposal will require public hearings before the planning commission. Capital Development estimates that total buildout of the 173.84-acre site will be completed by the year 2005. . Exhibit aou Page 7 of 24 10C c. LCDC Goals; CONCLUSION: Staff determined the following LCDC goals to be the most applicable to the proposal: Goal 5. To conserve open space and protect natural and scenic resources: Water Areas, Wetlands, Watersheds and Groundwater Resources; Comment: There is an identified spot of farmed wetland (400' x ), but the applicant has not indicated its precise location. Goal 6. To maintain and improve the quality of the air, water and land resources of the state. Comment: The City does not contain any significant air pollution sources. This proposal will be for commercial and residential development only and it will not create any point source pollution. The applicant is aware that the City has adopted DEQ and EP A standards for air quality and emissions control. Goal 8. To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Comment: This development has much potential for meeting local and recreational needs. The developer has envisioned a full range of commercial uses, including a factory outlet mall, a motel and RV Park, a miniature golf course, and open landscaped areas for passive recreation. The site seems to be ideal for this type of planned development because of its location and proximity to Interstate-5. Potential uses could serve both local residents and visitors to the region. In addition to the commercial recreation opportunities examined by the developer, there will be opportunities for walking, jogging, and biking along the local and minor collector streets of the residential development. There will be provision for bike lanes on the arterial streets. The land is basically flat and these forms of recreation can be actively pursued. Goal 9. To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. Comment: The Comprehensive Plan contains an inventory of lands that are suitable for economic growth. The City has established four major commercial areas. The property included in this application is one of these four sites. This project will provide economic development opportunities within the community. This is sufficient in size and shape, and it has been designated to accommodate the proposed 56.3 acres of commercial land. Page 6 - Staff Report ~ Ext)ibit "B" Page 8 of 24 . Goal 10. To provide for the housing needs of citizens of the state. Comment: The Comprehensive Plan contains goals for residential development as well as assessment of residential land needs for the future. The property is urbanizable and contains over a hundred acres of buildable residential land. The proposed residential developments will be designed with a neighborhood concept. 10C Goal 11. Public Facilities and Services Comment: The Comprehensive Plan contains services, goals and policies. The policies are in compliance with this DLCD goal. There are urban services available to the site. At the time of development review, specific engineering and design issues will be addressed. Goal 12. Transportation Comment: A traffic study was submitted as part of this application. Within that study is contained a detailed analysis of the arterial street system and the impacts of same. The Woodburn Crossing traffic impact study looks at a two-phase analysis of buildout. Phase I consists of 300,000 square feet of retail and 150 multi-family units while Phase \I encompasses the remainder of the approximately 174-acre project. Two of the three modifications required for Phase I, dual left turn lanes for northbound Evergreen and modification of Hwy 214 to accept the two left turn lanes, are tied together and would meet with resistance from the State Highway Division. This solution without widening Hwy 214 is not feasible in my opinion. Widening of Hwy 2140r some other action to alleviate some of the traffic pressure on this roadway must be acco'mplished before Phase I is completed. It may be possible that a portion of Phase I, the 150 multi-family units, could be accomplished without major traffic modification. Any notable amount of retail development, however, would probably not be possible without significant upgrades to Hwy 214. The Woodburn Crossing area will be difficult to develop for high traffic generation uses until capacity improvements are made to Hwy 214 or there are other modifications which will allow other roadways to absorb some of the traffic. It should be noted that, at the time of site plan review, the applicant and city will initiate a request for an exception for the extension of Prairie Boulevard as required under Goal 2 Land Use Planning, Part 1\ Exceptions: Subsection (c) and Oregon Administrative Rules OAR 660-04-020 and -022. The reason for this exception is due to the fact that Prairie Boulevard extends approximately 1,200 feet beyond the city's urban growth boundary and city limits with its connection to Parr Road. Page 7 - Staff Report If Exhibit -Su Page 9 of 24 Goal 14. Urbanization - To provide for an orderly and efficient transition from rural to urban land use. Comment: The site is already within the Urban Growth Boundary area. There are public facilities and services available to site. This parcel of land will provide an additional site for commercial and residential development. d. Encouragement of in-filling development within development areas before conversion of urbanizable areas. Comment: Within the city limits there are no alternative sites for a mixed-use project of this scope, therefore, annexation of this site is requested in order to provide a site that is sufficient in size to accommodate this development. e. Applicable provisions of the Marion County and City Comprehensive Plans Comment: This land use is consistent with the City's Comprehensive Plan. The site is already planned for commercial and residential use. Once the property is annexed, the applicant will proceed with a zone change in order to bring the site in conformance with the Woodburn Comprehensive Plan. 4) "The City will insure that sufficient land is made available to accommodate the growth of the City. This requires that sufficient land for both high density and low density residential developments is provided within the confines of the growth and development goals of the city (...)" (Housing Goals and Policies, page 48, Policy G-1-1) "It is the policy of the City to encourage a variety of housing types to accommod~te the demands of the local housing market... " . (Housing Goals and Policies, page 48, Policy G-1-2) Comment: The site provides for approximately 31 acres of multi-family residential land and approximately 70.5 acres of single family residential land. 5) "...The City should at all times have sufficient land to accommodate the retail needs of the City and the surrounding market area. The City has four major commercial areas: 99E, 1-5 interchange, the downtown area and the 214/211/99E four corners intersection area. No new areas should be established." (Commercial land Development Policies, page 44, Policy B-1) "Whenever possible, the City should encourage or require commercial developments which are designed to allow pedestrians to shop without relying on the private automobile to go from shop to shop. Therefore. acreage site lots should be encouraged to develop "mall type" developments that allow a "one stop" shopping opportunity. Commercial developments or commercial development patterns which require the use of the private automobite shall be discouraged." (Commercial land Development Policies, page 44, Policy B-3) Comment: The commercial component of the site encourages the design of "mall type" shopping centers that allow a "one stop" shopping opportunity. Page 8 - Staff Report ll" 10C 6) Exhibit uBII Page 10 of 24. The Urban Growth Boundary agreement between the City of Woodburn and Marion County requires acknowledgement and concurrence prior to annexation (see Attachment A1) 10C In summary I staff concludes: 1. The proposed annexation lies within the Urban Growth Boundary as identified in the City's adopted Comprehensive Plan. Therefore, a request for annexation is feasible. 2. The proposed site is contiguous to the existing city limits and the City has the capability of handling the water, sewer and storm drainage of the planned use to meet the potential needs of the proposed development. 3. The inclusion of this land within the city limits will provide additional land for more diversified housing needs and commercial development. CONDITIONS OF APPROVAL: Staff recommends that the Woodburn Planning Commission approve requested annexation proposal. Page 9 - Staff Report - lr Exhibit -8" Page 11 of 24 10C ' RT II. ZONE CHANGE REQUEST #92-03 AND COMPREHENSIVE PLAN MAP AMENDMENT REQUEST #92-02 A.PPUCABLE LAND USE CRITERIA: WOODBURN ZONING ORDINANCE: 1. CHAPTER 15. ZONE CHANGES ./ 2. COMPREHENSIVE PLAN AMENDMENTS The goals and policies in this section of the report are those whidl staff determined to be the most appliCable to the zone change and comprehensive plan map amendment requests: Section 16.080. Burden of Proof. The following specific questions shall be given consideration in evaluating requests regarding plan and zoning amendments and are as follows: a) To support an amendment, to the Comprehensive Plan. the applicant shaH: 1) Prove that the original was in error; 2) Show that the community has changed since the original plan was adopted; or 3) Show that there has been a change in the planning and growth policy of the City. r b) To support a zone chanqe. the applicant shall: ., 1) Show there is a need for the use proposed; ~ 2) Show that the particular piece of property in question will best meet that need. . ' .. STAFF COMMENTS: i.The property is currently zoned Marion County UT (Urban Transition) Zone That means the property is zoned for exclusive farm use only, and no residential, multi- family or commercial development could take place on the land with the zoning it now has. 2. Althqugh the land is zoned U r ban T ran sit ion has been encompassed in the Woodburn.Comprehensive Plan. On the Woodburn Comprehensive Plan Map there are approximately 58 acres of commercial designation, 32 acres of high density residential designation and 87 acres of low density designation. 3. The current Comprehef1sive Plan Land use Map places a significant portion of the low density residential land directly adjacent to the 1-.5 Corridor. It also places both GOmmercial 'and high density residential land directly adjacent to. the Senior' Estates Development Senior Estates is a low density residential subdivision with golf cOurse af1d :laoe 10 -' ~t:1ff 'Renort ... " . . Exhibit DB" Page 12 of 24' 10C recreational facilities for citizens over5s years of.age. This ta,ild ~e p~tem envisioned ". on the Comprehensive Plan Map createS a potential conflict between the high traffic uses associated with commercial and high density residential'devefopment. and the slower paced traffic and lifestyle of the Senior. Estates neighborhoods. 4. The applicant requests a zone dlange and plan map amendment on approximately 73.84 acres. It is the second phase of a requested land use action for annexation to the City of Woodburn and subsequent zone and map manges to accommodate a master plan previously submitted. 5. The purpose of the map amendment is to redistribute the zoning districts in a more appropriate manner; to provide freeway exposure to the commercial districts: and to provide significant buffe~ng between the freeway and ,the single family r~idential ares. 6. The request is supported by the accompanying master plan layout for the 173.84 acre parcel as contemplated by the Prairie Corporation. The Prairie Corporation has an option to purdlase this parcel and complete the envisioned development of the 173.84 acre site over the next 15 years. STAFF CONCLUSIONS: A) To support an amendment to the Comprehensive Plan, the following specific questions shall be given considerations: _ prove that the original plan was in error; _ show that the community has changed since the original plan was adopted; or _ show that there has been a change in the planning and growth policy of the City. Comments: 1. The re-configuration of the zoning districts, submitted by ..the developer, more appropriately places low density residential land adjacent to .the existing Senior Estates neighborhood. It also places the commercial land adjacent to the 1-5 Comdor. The high density residential land is used as buffer between the commercial and low density residential land. 2. The proposed land use pattern with its <;lccompanying transportation layout of the arterial street system in a more appropriate design of land uses for thisspedfic site ( 173.84 acres). 3. No ...mistake was made in the original plan: Conditions in the area have changed since the adoption of the Land Use Plan - a specific developer has a specific concept that he is willing 'to implement on the subject property. 4. This request still meets all the goals and policies' of the Woodburn Comprehensive Plan. * The proposal meets the specific residential land use policies outlined in the Comprehensive Plan.on pages 42, 43, 44 and 72. PaOf~ 11 - Staff Reoort 11' " < Exhibit IIBR Page 13 of 24 10C 2. The property is currently zoned Marion County.Exclusive r <2l11~.(jse" That.means the ' property is zoned for exdusive' fami use only.' and no residential. multi..famity or commercial, development could take place on the land with the zoning it now has. The zone change request is part of City"s annexation process. 3. There are no other parcels of similar size and zoning adjacent to the 1-5/ 214 Interchange that could be utiflZed for a mixed-use project envisioned be the developer. In summary, staff concludes: The proposed zone map amendment and comprehensive plan map amendment reflects the intent of the Comprehensive Plan and Zoning Ordinace. RECOMMENDATION: Staff recommends the present comprehensive plan map designations of commercial, multi-family and single family be approved. Condition of Approval 1. Prior to any development of the 173.84 acre parcel the comprehensive plan map be amended to generally reflect the applicant's proposed land configuration (C.P. 92-02). 2. Assist the city in amending its 1985 Transportation Plan for the highway 214, 1-5 interchange Parr Road area, prior to development, to bring it into compliance with OAR 660-12-060 (1 )(b) regarding adequate transportation facilities to support proposed land uses. 3. Any reconfiguration of the land use designations maintain the same ratios as identified on the original comprehensive plan. Prll1f' 1? - Strlff Rf'ol1rt Exhibit u8" Page 14 of 24 1,OC STAFF REPORT CAPITAL DEVELOPMENT ADDENDUM City staff has reviewed the comments submitted by the land Conservation and Development Department (lCDD), attachment B1, and the Oregon State Highway Division, attachment C 1 . In response to the issues raised by lCDD (attachment B1), city staff has the following comments: In city staff's opinion, the present land use configuration lacks compatibility with the adjoining single family residential area. The purpose of the reconfiguration is to "move" the commercial retail uses away from the single family uses. By moving the commercial retail uses adjacent to the freeway, those structures serve as a noise barrier to the 60,000 vehicles per day that travel the 1-5 corridor. In its present land use configuration future single family development would be directly exposed to undesirable freeway noise. DlCD oaragraoh 3 - The issue raised is that the reconfiguration makes the commercial land "freeway oriented". The perception is that these commercial uses are specifically targeted to freeway traffic, therefore changing the original identified function. City staff response: What city staff was describing in our initial report is a commercial land use pattern that would abut the freeway. Whether the commercial land use remains in its present configuration or is used as a buffer against the freeway, those commercial uses will be the same as now, i.e., Wal-Mart, McDonald's, Taco Bell and in the near future, Holiday Inn, Carl's Jr., Skippers and commercial shopping centers. The commercial land uses, therefore, are the same as allowed in the present plan. Ironically, if the same land use pattern was maintained in its present configuration and annexed to the city, LCDD's and the Oregon State Highway Division's arguments would be mute. This is because the present city transportation plan and comprehensive plan map has received acknowledgement, in the past, by both agencies. However, failing to rearrange the land use configuration would be to the detriment of the City of Woodburn. By rearranging the land use pattern, we are not changing the intensity of use nor are we modifying the transportation plan. The transportation plan calls for a street to intersect Parr Road and the alignment of Prairie Blvd allows that to occur. DlCD paragraph 4 - Requires that an "exception" be taken regarding the extension of the proposed Prairie Blvd to Parr Road. City staff response: At this time an exception is not beirfg taken. That will be an exercise, if necessary, that will be initiated when the city amends its transportation plan. Presently, the city is addressing the street system within its urban growth boundary. 11' Exhibit uR" Page 15 of 24 There also remains the question as to whether an exception needs to be taken since Woodburn's Transportation Plan, approved by LCOC in 1985 and again in 1989 with periodic review, identified two connections with Parr Road outside the city's urban growth boundary. See attachment 01. 10C OlCO oaraaraoh 5 - Raises the concern that the southerly half of this commercial development is not wide enough to be useful and, therefore, will remain vacant. City staff response: The most narrow point of the proposed commercial development at its southerly end is approximately 275 feet :t in depth excluding the freeway frontage road. Staff concurs that a widening of this portion may be necessary. This would result in the elongation in the multi-family designated use of the west side of Prairie Blvd. OlCO oaragraph 6 - The issue is whether using the multi-family as a buffer, the division of the 31-acre site into three parcels will allow for affordable housing. City staff response: Relative to Woodburn's population and physical size, a 31-acre multi-family complex would be a monolith. Also, the present location of such a complex of this size at its present location adjacent to a single family residential area could have negative impacts on those adjoining properties. The overall objective of rearranging the 31-acre parcel into three parts is to lessen the impacts of the multi-family development on adjoining single family residential areas by providing parcels of less acreage to be disbursed throughout the 173.84- acre site. Each multi-family site would represent approximately 10:t acres. In Woodburn, by our standards, this could represent up to 170:t units per ten-acre site. Parceling the 31 acres into three sites would allow for different design alternatives and a range of rental costs. As for the "buffer", it is not at all uncommon to place multi-family developments adjacent to commercial developments and to use them as buffers between commercial and single family land uses. Oleo oaraaraoh 7 - Raises the concern that 20 acres of residential land is sacrificed for streets and additional commercial larid. City staff response: It should be noted that one of the conditions of approval states the applicant "maintain the same zone designation ratios as identified on the original comprehensive plan map." This requires the developer to maintain 86.87:t acres for residential use. As for the Oregon State Highway Division's response to the applicant's proposal, attachment C1, staff can only reiterate the responses given in this addendum. .. Exhibit uBlt Page 16 of 24 . 1pC City staff does concur, however, that an amended transportation plan that takes into consideration the land use impacts of this proposal is necessary. This shall be a requirement that must be shared by this applicant, other applicants that have a "significant" impact on the interchange, and the City of Woodburn. As to whether this must occur prior to annexation and comprehensive plan amendments, or after annexation and comprehensive plan amendments but prior to any development proposal, has to this point been clarified. CAPDEV.ADD/sg lr DIRECTOR Craig O. Luedeman BUILDING INSPKllON (503) 588-5147 PlANNING & ENfORCEMENT (503) S88-5038 BOARD Of COMMISSIONERS Randall Franke Gary Heer Mary Pearmine ADMINISTRATIVE OffiCER Ken Roudybush Exhibit -80 Page 17 of 24 10C Marion County OREGON COMMUNITY DEVELOPMENT DEPARTMENT July 30, 1992 steve Goeckritz Planning Director city of Woodburn 270 Montgomery st. Woodburn, Oregon 97071 Dear steve: Thank you for the opportunity to comment on the capital Development Company annexation, Comprehensive Plan and Zone Change proposals. Provided annexation of the subject property preceeds the plan and zone changes the County will have no direct authority or involvement in plan and zone change decisions except for review and comment in accordance with our Urban Growth Boundary and Policy Agreement. This is a very significant development proposal which will have impacts on the road/transportation system outside of the UGB. I have given a copy of the Traffic Impact Analysis to our Public Works Department for their review and comment. You should anticipate addi- tional comments from them in the future. The extension of prairie Blvd. outside of the UGB to connect with Parr Road and any other road extensions outside of the UGB in the future will require an excep- tion to the statewide Goals (Goal 3 Agricultural Goal). The impact of this action will be more fully assessed at that time. In regards to the Plan and Zone changes we encourage the city to wisely use the land that is available for urbanization. The County is discouraging expansions of theUGB into areas suitable for farming. Senator .Building . 220 High Street NE . Salem, Oregon 97301-3670 ^-. If III r \-\ l\f\ ~ ~t\ A: ~ Exhibit IIB" 1 10C Page 18 of 24 . Once the city has completed annexation of the subject property please provide us notice so we can update our maps. Apparently we do not have a copy of your current Comprehensive Plan and associ- ated maps we would appreciate receiving a copy. If you have any questions please give me a call at 588-5038. A:CDC.L A1\(\C.AA~~N\ A 1 11' I 10C Exh;b;t 'B" ~Ill Page 19 of 24 August 13, 1992 Steve Goeckritz City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Dear Steve: This department has reviewed the proposal to amend the planning and zoning for 173.8 acres east of 1-5, south of West Hayes (Local file Annex/Z.M./C.P.92-02). We are concerned that the proposal may not be consistent with Statewide Planning Goals 10 (Housing), Goal 12 (Transportation) and Goal 14 (Urbanization). We have no concerns with the proposal to annex to the city since this is not, by itself, a land use decision. However, the proposal also includes a reconfiguration of the plan and zone districts in order to create a "freeway oriented" commercial area, and in order to alter the area's transportation plan. These elements will have significant effects on the 1-5 interchange and Highway 214. The Land Conservation and Development Commission's Transportation administrative rule requires that amendments to local plans and zoning which affect a transportation facility (e.g., the Woodburn 1-5 Interchange) shall "assure that allowed land uses are consistent with the identified function, capacity, and level of service" of the transportation facility (OAR 660-12-060(1)). This rule describes several ways that this may be accomplished (see attachment) . Since the proposal also includes a new transportation improvement outside the UGB, Sections 065 and 070 of the rule also apply, and an exception may be required. The proposed findings do not address these portions of the administrative rule. The proposed reconfiguration provides a linear strip of commercially zoned property along the entire 3,895-foot length of the western edge of the site facing 1-5. We are concerned that the southern half of this commercial strip is not wide enough to be useful for commercial development. This area would likely remain vacant, or used for parking only, and would provide no buffer between the multifamily site and the freeway. It is likely this half of the site will require future reconfiguration. rn V\c \-\ VV\ ~ v\f\ \3 i DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT Barbara Roberts Governor 1175 Court Street NE Salem, OR 97310-0590 (503) 373-0050 FAX (503) 362-6705 lr Exhibit "8M Page 20 of 24 10C Steve Goeckritz Page 2 August 13, 1982 The proposed reconfiguration also intends to provide a "buffer" of single family use between the development and the existing senior estates project. We are concerned that the 31 acres of multifamily zoned land is treated mainly as a buffer. As a result, the current single site is broken into three smaller pieces, and one of these three sites would be situated on two separate parcels. We question whether the remaining sites are large enough and located so as to be desirable for multifamily development. Available multifamily sites are vital in order to provide affordable housing for existing and future residents in Woodburn, including retail employees expected at this location. We note that the proposal increases the ratio of commercial to residential at this location -- 20 acres of residential is sacrificed for streets and for additional commercial land. Given the upturn in demand for residential development in Woodburn, and the impacts of the freeway-oriented commercial on the transportation facilities, the findings should explain why there should not be a 20-acre reduction in the commercial area rather than in the single family residential area. Please don't hesitate to call me at 373-0067 if you have questions about these concerns. S7!~l~ . '2 Rlndy BR:<pa> cc: David Foster, Housing Division Yvonne Addington, EDD John DeTar, ODOT DLCD File 003-92 A \\ ~C\-\ 01 lr Exhibit liB" Page 21 of 24 10C Steve Goeckritz Woodburn Crossing Page 2 The 1991 traffic impact study (hereafter referred to as the "1991 study") is information pertinent to the current application because of the substantial similarities existing between the 1991 development proposal and the 1992 proposal. The similarities can be readily seen by comparing the Phase I, Phase II descriptions provided on page 6 of the 1991 study and page 2 of the 1992 study. Also, the 1991 study provides analyses of the proposal's affect on transportation facilities not provided in the 1992 study, concluding that substantial improvements to 1-5 facilities and Highway 214 will be necessary to maintain acceptable levels of service. Both studies demonstrate that the plan amendment "significantly affects," as that term is used in OAR~-12-Q60, 1-5 and Highway 214 as they exist today. This occurs by reducing the Level of Service below the level established as acceptable in the 1991 Oregon Highway Plan. Both studies contain travel lane diagrams and statements indicating additional travel lanes, signalization and other facility improvements will be needed to accommodate the traffic generated. Both studies identify transportation facility improvements needed to accommodate the traffic generated by the land uses proposed as Phase I and Phase II, assuming that "acceptable level of service" is LOS "D." The minimum acceptable level of service for state highway facilities is established by the 1991 Oregon Highway Plan. L9S "0" is the minimum acceptable level of service for a District Level of Importance Highway such as Highway 214 within an urban area, but the plan establishes a higher standard for 1-5 facilities: LOS "C." Neither study identifies what is necessary, in the near term and through the remainder of the planning period, to provide LOS "C" for affected 1-5 facilities. Neither study presents what is necessary to show that 1-5 facilities will operate at an acceptable level of service. It therefore is not possible to identify what will be necessary in the near term and through the remainder of the planning period to comply with the provisions of OAR-660-12-G60. It is ODOTs opinion that Woodburn will need to incorporate land use actions stated in OAR-660-12-060 (1a), (1b), or (1c) as part of this land use decision in order for the proposed plan amendment to comply with Goal #12 and OAR 660-12. These actions at least need to show that 1-5 and Highway 214 will be able to operate at their minimum acceptable levels of service in the near term and through the remainder of the planning period. If Woodburn decides to exercise the option stated in OAR 660-12-G60(1b), it is ODOT's opinion that the 1985 Woodburn Transportation Plan will need to be amended as part of this land use decision. The facility improvements A f\t\c\-\ Cl If Exhibit HB" Page 22 of 24 10C Oregon August 12, 1992 Steve Goeckritz. Director Woodburn Community Development Department 270 Montgomery Street Woodburn, OR 97071 RE: Woodburn Crossing Plan Amendment and Annexation Dear Mr. Goeckritz: Thank you for informing the Oregon Department of Transportation (ODOT) of the land use action identified above. ODOT has concerns about this development's significant affects (as well as other proposals' affects) on Interstate Highway 5 (1-5) facilities and Oregon Highway Route 214 (Hillsboro- Silverton Highway). It should be noted that the 1993-1998 Highway Improvment Program adopted by the Oregon Transportation Commission in May, 1992 will not result in construction of any highway improvement projects for the Woodburn 1-5 Interchange or Highway 214 in Woodburn. The application includes an amendment to the Woodburn Comprehensive Plan. If approved, the application will substantially increase the exposure of commercial land to 1-5, approximately tripling the existing exposure. This substantial increase in visibility is, according to the applicant's information, "particularly important due to the resulting opportunity for "freeway-oriented" commercial development" - a type of development which, based upon the information submitted for this application, would not occur with the existing freeway exposure and could not occur without this plan amendment. Attached to this letter are the following documents to be included in the Woodburn Planning Commission and City Council public hearing record for this land use decision: 1) a copy of a report, entitled "Traffic Impact Study, Woodburn Crossing, Woodburn, Oregon," provided to ODOT during 1991; 2) a copy of the 1991 Oregon Highway Plan, the Transportation System Plan adopted by the Oregon Transportation Commission for the Oregon State Highway System; and 3) letters dated May 12, 1991 and June 10, 1991 discussing ODOT's concerns about the 1991 proposal. A \\!\C -\-\ \0\~.JJ\ c \ DEPARTMENT OF TRANSPORTATION Highway Division FILE CODE: 734-1839 (10-90) '1r Exhibit RBII Page 23 of 24 10C Steve Goeckritz Woodburn Crossing Page 3 described in the 1991 and the 1992 studies certainly need to be incorporated into the plan, but so will additional facility improvements needed to meet the LOS C standard for 1-5 facilities-improvement needs that have not been described. Near term changes described as needed to accommodate traffic conditions anticipated with Phase I also will need to be provided. As required in OAR-660-12-Q40 and the Public Facilities Planning Rule, a transportation facility financing program to fund near term improvements and the longer term improvements identified also needs to be part of this land use decision. As stated earlier, no Woodburn 1-5 Interchange or Woodburn area Highway 214 construction projects have been included in the 1993-1998 Highway Improvement Program. This letter and its attachments should be included in the Planning Commission and City Council hearing records as OOOT's testimony. OOOT should be considered a party to the hearing and be entitled to any notices of future hearings, or extensions of hearings. Please inform me in writing of the city's decision and provide a copy of any findings made to support the decision. If not already identified as applicable, the provisions of the Oregon Statewide Planning Goals 11 and 12, and the applicable administrative rules, the Public Facilities Planning Rule (OAR-660-11) and the Transportation Planning Rule (OAR-660-12), are applicable to review of this application. Yours truly, o/~~ ~~~ G. deTar Region Planner attachments cc: John Grassman, OOOT Brian Gregor, OOOT ~ick Reynolds, OOOT Lucinda Moyano, Justice Bob Rindy, OLCO AT\~l\-\ C 1 ~ 11..'.1, I, 11_: ' . t..: . JJ._'---:----:: - _.-- .. -- --~...---------~ -------".- Exhibit DB" Page ,/7 // -. ~. /--. , .'. o. ,~~~~.'~~~~~/~~Jq~~".'. . ;.,/ f - /'" ~. - -:OVl"iH"'<:<:.=":::'.,,., .r--~"-.:.;!''-~' .......,,, ; '.// ' /' '4 I /",,/ . UMITS ....' . .. . .. . .' .- .' . ,. ' . .......................... .' - . .. . ,. . .'f; .; . .. . .. . .. .. . . . ... - , . .. . . =~:=;::=i~~%~~~.~:..,... . .' .: ,. . 'I.~. .. i:... N&ODB1JRN: . .:~: '. .:....: _4.:"'''~''=---. . " ..."". ..;., :.. .~ -l.~ .;. .~. . \.~ :.;;. ~:~;~~~:~~:;{i ~;\Zc( .~~~. ."0 ;.-: - to ... .... 00( .... to ... ~ .. 'j~ ,12 :r I ,:13.18 ,I I '\ I - ,< " .).:: ~ .. . :.,- '. .~... ': ~:: ~..oo .;;~ .t.y; !.. ;; ~ . '. : ATIf\C\i\'i\EN-;f',:';'G31}, ~. . ,"'. .,' ,{; .... ,>~.,,:.'..~ ':;:,\,'.:': (<~~f::::' o. --....oJ..4. lI' 100 MEMO SUBJECT: City Council through City Administrator Public Works Director ~ ~ ~ Cooperative Agreement to Improve Signal at Evergreen and Hwy 214 TO: FROM: DATE: October 7, 1992 RECOMMENDATION: Approve the agreement between the City of Woodburn and Oregon State Highway Division to improve traffic signal at Evergreen and Hwy 214 by approving attached resolution and authorize the city to advance $12,000 to the state for signal modification. BACKGROUND: Oregon State Highway Division allowed Wal-mart to construct the traffic signal on Hwy 214 and Evergreen intersection. Now there is a demand that this three-legged signal be modified to accommodate the fourth leg, i.e., the entrance to Fairway Plaza and the surrounding properties between the plaza and 1-5. Plaza owners/renters have agreed to pay for the cost modification, therefore, the expenses associated with the signal will be only pass-through costs for the city. The signal modification cost is estimated to be $12,000. The state agreement requires that the City of Woodburn acquire the right-of-way for the road and the State of Oregon will construct the signal portion of the project. The right-of-way dedication will be done by the owners of Fairway Plaza for $1.00. However, the survey and road design costs will be absorbed by the city. These costs are minimal when compared to the project cost as a whole. The city plans to design and construct an approximately 75 feet long road north of Hwy. 214 so that signal sensor devices could be installed. This road will be extended in the future by the property owners who will benefit from its extension. The road construction cost estimated at $20,000 will also be a pass-through cost to the city. Fairway Plaza owners have agreed to reimburse this cost also. It is intended that the approach to Fairway Plaza west of Evergreen be closed and the one east of Evergreen be limited to right-in and right-out only after signal modification. The approval of the agreement is recommended because there is little cost to the city and there is substantial benefit from the traffic point of view. GST:lg SIGNALCC2 lr 100 COUNCIL BILL NO. 1427 RESOLUTION NO. A RESOLUTION ENTERING INTO A COOPERATIVE AGREEMENT WITH THE STATE OF OREGON FOR PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCING TO FURTHER DEVELOP AN EXISTING TRAFFIC SIGNAL AT THE INTERSECTION OF HILLSBORO/SILVERTON HIGHWAY NO. 140 (ALSO KNOWN AS HIGHWAY 214) AND EVERGREEN ROAD AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS, there is an existing three-way signal at HillsborolSilverton Highway No. 140 and Evergreen Road, and WHEREAS, to provide acceptable traffic circulation patterns on public highways the State of Oregon and City of Woodburn plan and propose to add a fourth directional head and make roadway improvements to allow and control traffic movements on the north leg of this intersection, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOllOWS: Section 1. That the City of Woodburn enter into a cooperative improvement agreement which is attached as Exhibit "N and by this reference incorporated herein, with the State of Oregon for preliminary engineering and construction financing to further develop an existing traffic signal at the intersection of Hillsboro/Silverton Highway No. 140 and Evergreen Road. Section 2. That the Mayor and City Recorder are authorized to sign said agreement on behalf of the City of Woodburn. Approved astofor~~~ City Attorney /0 - {[ - c; 2- Date APPROVED: Fred W. Kyser, Mayor Page 1 - COUNCIL BILL NO. 1427 RESOLUTION NO, 11' 100 Approved: ODOT Staff October 7, 1992 Misc. Contracts & Agreements No. 11,341 COOPERATIVE IMPROVEMENT AGREEMENT PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of - Transportation, hereinafter referred to as "State"; and THE CITY OF WOODBURN, acting by and through its Elected Officials, hereinafter referred to as "City". WIT N E SSE T H RECITALS 1. Hi11sboro/Si1verton Highway No. 140 is a part of the state Highway System under the jurisdiction, maintenance and control of the Oregon Transportation Commission, and Evergreen Road is a part of the City Street System under" the jurisdiction, maintenance and con1:rol of the city of Woodburn. 2. For the purpose of providing acceptable traffic circulation patterns on public highways and roads, State and city plan and propose to further develop the existing three-way signal at Highway 140 and Evergreen Road in Woodburn, Oregon, by adding a fourth directional head to control traffic movements at the north end of the intersection, technically defined as "adding a fourth leg to signal". hereinafter referred to as "project". The location of the project is approximately as shown on the sketch map attached hereto. marked Exhibit A, and by this reference made a part hereof. 3. By the authority granted in ORS 366.770 and 366.775, state may enter into cooperative agreemer-ts with the counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms conditions mutually agreeable to the contracting parties. project will be financed with funds available to City, and cost to State. and This at no 4. By the authority granted in ORS 366.425, State may accept deposits of money, or an irrevocable letter of credit, from any person, firm, or corporatioli for the performance of work on any B1292021 -1- lr Contract No. 11,341 CITY OF WOODBURN 100 public highway within the s~ate. When said money or letter of credit is deposited, state shall proceed with the project. Money so deposited shall be dispersed for the purpose for which it was deposited. 5. By the authority granted in ORS 810.210, state is authorized to determine the character or type of traffic control signals to be used, and to place or erect them upon State highways at places where state deems necessary for the safe and expeditious control of traffic. No traffic centrol signals shall be erected or maintained upon any state highway by any authority other than the state, except with its written approval. NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: STATE OBLIGATIONS 1. State shall review and approve all project plans and specifications, prior to any project work being performed on the State highway. 2. State shall inspect the construction of project to insure all work on project conforms to current State standards. 3. State shall provide all necessary.signal equipment to upgrade the existing three-legged signal at Highway 140 and Evergreen Road to a full intersection sig~al with four legs, including traffic detector loops a~d necessary conduit. 4. All work directly associated with upgrading the existing signal to a full intersection signal, including preliminary engineering and design work required to produce signal plans, specifications and cost estimates, and including trenching and modifications to existing traffic signal system, but excluding work to be performed by City forces as stated in City Obligations No.2, will be uccomplished by State forces. 5. state shall perform the signal equipment field testing and turn-on, and shall retain complete jurisdiction and control of the timing established for operation of the signal. 6. state shall compile accurate cost accounting records. City may request a statement of State costs to date at any time by .submi tting a written reque::d:. When actual total state costs of the traffic signal portion of project have been computed, State B1292021 -2- - T 100 .. Contract No. 11,341 CITY OF WOODBURN shall furnish City with an itemized statement of said final CQsts, and all contingency items attributable to project. CITY OBLIGATIONS 1. City shall follow all rules, regulations and specifications of Approach Road Permit No. 03A35l07, issued to City for construct1on of the fourth leg of the intersection at Highway 140 and Evergreen Road. Said permit is marked Exhibit B, . attached hereto and by this reference made a part hereof. 2. City shall conduct the necessary field surveys and traffic investigations; obtain the necessary rights-of-way and easements; identify and obtain or issue the required permits; arrange for relocation or adjustment of any conflicting utility facilities; perform all preliminary engineering and design work required to produce plans, specifications and cost estimates for the project, except as stated in state Obligations No.4; perform all roadwork not covered by State's signal work. including approach road construction, curb cuts, and any modifications to the existing traffic signal system; and shall provide all necessary materials testing, technical inspection and project manager services for administration of the contract. 3. City shall lay' out and paint the necessary lane lines and channelization, and erect the required directional and traffic control signing for the fourth leg and Evergreen Road. 4. City shall grant State the right to enter onto and occupy City street right-of-way for the construction, installation and maintenance of the traffic signal equipment, including advance detector loops. 5. City shall, upon receipt of a fully executed copy of this agreement, forward to State an advance deposit in the amount of $12.000.00, said amount being equal to State's estimated total cost for the signal upgrade. Any portion of said advance deposit which is in excess of State" s actual total cost will be refunded or released to City. Any costs which may be incurred by State over the amount of $12,000.00 will be paid by City. 6. City shall' maintain the asphal"tic concrete pavement surrounding the vehicle detector loops installed in Evergreen Road in such a manner as to provide adequate protection for said detector loops, and shall adequately maintain the pavement markings and signing installed in accordance with the plans and specifications. . B1292021 -3- . Contract No. 11,341 -CITY OF WOODBURN 100 7. City shall enter into and execute this agreement during a duly authorize<;l session of its City Council. GENERAL PROVISIONS 1.. state and City agree and understand that a mutual review of the project plans will be conducted prior to beginning any construction work on State highway. 2. Power and maintenance r~sponsibilities will remain as originally stated in Agreement No. 10754, dated September 1, 1992, between the City of Woodburn and the State of Oregon. 3. The Contractor, its subcontractors, if any, and all employers working under this agreement are subject employers under the Oregon.Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. The Oregon Transportation Commission, by a duly adopted delegation order. authorized the State Highway Engineer to sign this agreement for and on behalf of the Commission. Said authority has been further delegated to the State Traffic Engineer by Subdelegation Order HWY-~, paragraph 3. APPROVAL RECOMMENDED STATE OF OREGON, by and through its Department of Transportation By Region Engineer By Traffic Engineer Date Date APPROVED AS TO LEGAL SUFFICIENCY CITY OF WOODBURN. by and through its Elected Officials By By Mayor Asst. Attorney General By Date Recorder Date B1292021 -4- lr I,. 100 'r ~ rJ..~... .. ..+ ~o 1 .. . c ~ " ..... -":0.. ....' ~ West Woodburn 2 r I I I I I 1 L <D Ol '" < en ~ g / 3 lallWH 110. EXHIBIT A- e~ ~ . .....ft .....ft 110. I r I RO. / T 100 .~ ~~ l! .~ ~~ HIGHWAY DIVISION .><WAY NAME APPLlCA TION AND PERMIT TO CONSTRUCT APPROACH ROAD PERMIT NUMBER 3A35I 7 MCt.EPO<<NT ENGlfoCEERS,STAllOfl 140 Marion 37.0 SlOE OF HIGHWAY 1lI NORTH 0 EAST o SOUTH 0 WEST Street HlGt\WAY ~ I.tAP AHO ATTACHEOORAWlHG NUMllERS Milepoint Log BONO REOOlfIED AMOUf4T OF eot.co 1H+4S APPROACIiTO SERVE _ Hillsboro-Silverton Hw 214 .HWAYHUMBER COUtIlY rwEEN~ NEAA u.HOMAAKS 1-5 AND Oregon Way ~ttn: Randy Scott City of Woodburn 270 Montgmery St Yoodburn. OR 97071 -, R€f'EREHCE t!ves DNO OAA~ lNSUllANCE REQlIlRED REfERENCE OJ YES D NO OAR 134-5O-025(3J AMOUNT $ WAIVED Sio.ooo.oo o AOMIN1STRATlVEFEE o TEMPORARY DEPOSIT CHEO< HUMBER N/A >uC:ANT NAMENlO mof\ESS DATECOMPLETE APP\.JCA RECSVED (I Z DATE L I --' . x """"OVAl.. DATE lI'llUtY PERMIT suf'ERV\SOfI x ~l1OHDATE ~ -f.' r _ q. ? APPROACH ROAD COMf't..Ell()N OA'TC: , t:7 I l. REFl3'IEHCe0AR7346O-05O(~1 1he _es _bolsM"'" _<<_ 0( 11M.... p<-'YadjoPng'" __ ~ hioftwaY"""- ...IewfuI-.ori<y'ta ~.....- pem>it. _ll>is ~ picalion is ~ by... ~oI T._.........lioIo. 11M ~ Is subjed '" ... ..- on<! ~ c:anac..d ........ and attaehed "*""""= - ... - 0( o..qo..-- ~_-.~134.0Msi0nsa._isby_...- _apattolll>ispem>it.eop;.sofllM _maybo_lrom_Oislrict~~.oflic:a. . ~ofpennils__~ Is _. ~o(compianoe wfth _ ...~ planning goUo<<_ ~_.. ~~ ~ pion 10<_ ---.........,..,.. issued sob- fea"'''' __o(city.~<<-".......- ~ haW>g _joint__--.-,..o( ~yo<.......,....,"'f89Ulata --- by --- 0( zon;og and{<< ~NgUIo__lt_ba_~.~"-"''''''oucn~~-~b:oI~~tionO(compliIonoe''''''- -- plaNOnggool&.(OAA~ 6-1-93 SPECIAL PROVISIONS 1--<< the proposed application requires traffic control devices and/oc special road ~ the appfocant shall provide a copy of this application to the affected local govemment. The original appGcatlon must be signed byttle local gDIoemment offICiaL . )CALGOVEFI.....e .. TIRE p~t..c.. tUovl<'s l)"lY"e.c:to'( DATE ~ - lb-q z... -The a oc his contradOC" shall notify 1he District Maintenance SupeNiso('s office at least 48 hours in advance of commencing 1NOf1o; and attercompleling the WlX1<covered by this permit. (OAR 734-5O.Q4O)Te!ephone Number. 378-2630 3-This permit shall be issued as a new city street connection to the north. the issuance is contingent upon the closure of Permit #A232253. A23993. A27937 and Permit #A28038 shall be modified and signed as a.one-way to the north. This new connection shall serve all the new development to the north. 4-For additional special provisions. see page 2. YPE 5 APPROACH ROAD -CURBED HIGHWAY r-W-l I NOTE: All material and WOf1(manShip shall be in acc;ofdance wlUl 1M cur- I rent State of Ore<pn Standard Specification to( Highway CoI\StrUdiOO. . ~~ 0: iWYi.J '\.~ PLAN W-39 R, -40 R2- 40 \A-90 CUR8lYPE oc- 23 D..,..- 30 Ty'pe "A" SlZEAHO lYPE CQMP/.CTED TlitCKHESS ~NCHESI STONE 8ASE 1-1/2" 0" 8" - STONE lEVBJNG SlZEAHO lYPE CQMP/.CTED THlCl<NESS ~NCHESI COURSE 3/4" - 0" 2-1/2" ASPHALTIC cvss COMP/.CTED lHtCKHESS ~NCtiESl CONCRETE Class "B" 2-1/2" PAVEMENT t-3307F (3-83\ SEEBACKOFAPPUCA~ON To: From: Subject: Date: 10E MEMORANDUM Mayor and Council Janice Zyryanoff t)tJ)/ tI '# Intergovernmental Agreement for Municipal Judge October 6, 1992 The proposed Intergovernmental Agreement is a means of allowing a judge to serve in more than one jurisdiction without violating the constitutional prohibition against dual lucrative offices. The legislature approved a procedure under ORS 51.037 for judges and justices of the peace to contract with different agencies so that they are "a borrowed servant" from one agency to another agency. The contract, as it is set forth, allows the judge to continue to serve both the county and the city without violating the dual lucrative office prohibition of the state constitution. Since I understand that there are two very lengthy public hearings on October 12 when this contract is to be presented to council, I have decided to explain this to you in a memo form rather than appearing personally at the council session. ... 10E COUNCIL BILL NO. /1-28 RESOLUTION NO. A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY AND JANICE D. ZYRYANOFF. WHEREAS, CITY has, pursuant to Section 22 of the Woodburn City Charter, appointed Janice D. Zyryanoff its municipal judge; and WHEREAS, Janice D. Zyryanoff also serves COUNTY as its justice of the peace, and WHEREAS, the primary purpose of the attached agreement is to insure against any possible violation of the dual lucrative office prohibition provision of Article 2, Section 10 of the Oregon Constitution; NOW, THEREFORE, CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor is authorized to execute, on behalf of the City, the Intergovernmental Agreement with Marion County and Janice D. Zyryanoff, a copy of which is attached hereto, and by this reference, incorporated herein. Approved as to formc;n~ ~ 10- 6- YZ 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. 10E INTERGOVERNMENTAL AGREEMENT FOR MUNICIPAL JUDGE THIS AGREEMENT, made and entered into, by and between the City of Woodburn, Oregon, a municipal corporation, hereinafter referred to as CITY and Marion County, a political subdivision of the State of Oregon, hereinafter referred to . as COUNTY, and Janice D. Zyryanoff. WITNESSETH: WHEREAS, CITY has, pursuant to Section 22 of the Woodburn City Charter, appointed Janice D. Zyryanoff its municipal judge; and WHEREAS, Janice D. Zyryanoff also serves COUNTY as its justice of the peace, and WHEREAS, the primary purpose of this agreement is to insure against any possible violation of the dual lucrative office prohibition provision of Article 2, Section 10 of the Oregon Constitution; NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein the parties agree as follows: 1. COUNTY shall make Janice D. Zyryanoff available to CITY on Tuesday and Thursday of each week to perform judicial duties for CITY. 2. Janice D. Zyryanoff shall perform judicial duties as required by CITY. 3. CITY shall pay Janice D. Zyryanoff to perform judicial duties for as long as she acts as municipal judge pursuant to CITY's Charter. Signed this day of , 1992. CITY OF WOODBURN: By: Janice D. Zyryanoff Fred W. Kyser, Mayor MARION COUNTY: By: Page 1 - AGREEMENT ] 10". c.,.~ C.c)L)~C.lL.. TI-i~tl C1T'1 ADM. FoR Pre... "tlO N To: Frank Tiwari, Public Works Director ~ From: Frank Sinclair, POTW Superintendent 10F Date: 10/5/92 Subject: NPDES Stipulation and Final Order Recommendation Attached please find a copy of the NPDES Stipulation and final order. In order for the stipulation to be effective it requires the signature of the Mayor and lor Council. I recommend that the document be signed as soon as possible and sent back to DEQ. BACKGROUND A Stipulation and Final Order is a legal contract that is negotiated and signed by DEQ and the City. The Stipulation is issued because the City cannot meet the terms of its renewed NPDES permit. The new NPDES permit has set extremely strict limits on chlorine residual, Bioassay Testing, and suspended solids concentration requirements. Since the treatment plant was not designed to meet the limits, the stipulation relaxes the requirements in order to give the City time to alter the processes and gain compliance. The Stipulation and Final Order has a number of important sections including: A schedule for the City to do certain actions that will bring the permit violations to an end. Interim discharge limits different than :the permit limits. The interim limits were negotiated and agreed upon earlier this year. And an agreement by DEQ not to take enforcement action for permit violations past or future covered by the Order, provided that the schedules and interim discharge limits in the Order are met. Public Works Director's note: Council needs to be aware of the fact that the violation of the limits placed in the Stipulated Final Order (STF) triggers the fines agreed upon between the parties with no possibility of appeal. These automatic fines are in the range of $100 to $250 per day instead of $10,000 to $20,000 per day. This should be considered quite acceptable. The Stipulated Final Order also allows the city the time necessary to modify and construct the facilities to meet the new regulations. The plant construction must be completed and required operation requirement must be met in 50 months from the date of facilities plan approval by the state. This is slightly less stringent than the prior permit requirements. The City of Woodburn and the Department of Environmental Quality have met to work out the agreement and I recommend the approval of the SFO as presented. T 10F MEMO FROM: CHRIS CHILDS, CITY ADMINISTRATOR FRANK TIWARI, PUBLIC WORKS DIREC~O,\, ( N. ROBERT SHIELDS. CITY ATTORNEY Y'Jfl/~ STIPULATION AND FINAL ORDER WITH THE OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY TO: SUBJECT: DATE: OCTOBER 8, 1992 At your request, I have reviewed the proposed Stipulation and Final Order submitted by the Department of Environmental Quality (DEQ) of the State of Oregon. This is an important document which should be considered carefully. A Stipulated Final Order is, in effect, a settlement agreement. The City is reaching a settlement with DEQ where litigation is avoided and a compliance schedule is established. In return, the City agrees to comply with the schedule. If the City fails to meet the terms of the schedule, the civil penalties established by DEQ ($100 per day for interim requirement violations and $250 per day for other violations) are applicable. The City would not be in a position to contest the amount of these penalties and the only possible issue would be whether the terms of the Stipulated Order were violated. Also, it should be noted that the schedule involves a substantial monetary commitment on the part of the City to construct new treatment facilities. This construction, however, would have to occur in any event to meet the terms of the permit. Given the circumstances, I know that it is the recommendation of the Treatment Plant Superintendent and Public Works Director to enter into the Stipulation. This may well be reasonable based upon technical assessments and the fact that the compliance schedule provides the City adequate time to make improvements. It is important, however, that you and the City Council be fully aware of the legal and monetary implications of the document before it is executed. NRS/kv 11' 10F COUNCIL BILL NO. /429 RESOLUTION NO. A RESOLUTION ENTERING INTO A STIPULATION AND FINAL ORDER WITH THE DEPARTMENT OF ENVIRONMENTAL QUALITY OF THE STATE OF OREGON. WHEREAS, the City operates a sewage treatment facility that discharges treated wastewater to the Pudding River; and WHEREAS, the Department of Environmental Quality of the State of Oregon has issued a waste discharge permit to the City pursuant to Oregon and federal law; and WHEREAS, both the City and the Department of Environmental Quality recognize that the City may not be able to achieve the required compliance without making necessary improvements in the City's sewage treatment facility; and WHEREAS, the Department of Environmental Quality has proposed a schedule whereby the City can eventually achieve compliance, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor is authorized to sign on behalf of the City the Stipulation and Final Order with the Department of Environmental Quality, State of Oregon, a copy of which is attached hereto, and by this reference incorporated herein. Approved as to form~~ .f!y~ 10 -1' - '7 L 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. lr 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 10F BEFORE THE ENVIRONMENTAL QUALITY <X>MMISSION OF THE STATE OF OREGON DEPAR'IMENT OF ENVIRONMENTAL QUALITY, ) OF THE STATE OF OREGON, ) ) Department, ) ) v. ) ) CITY OF WOODBURN ) ) Respondent. ) ) STIPUIATION AND FINAL ORDER No. WQMW-WVR-92-258 MARION COUNTY WHEREAS : 1. On September 30, 1992, the Department of Envirornnental Quality {Department or DEQ} issued National Pollutant Discharge Elimination System {NPDES} Waste Discharge Permit Number 100987 {permit} to the city of Woodburn, {Respondent}, pursuant to Oregon Revised statutes {ORS} 468B.050 and the Federal W~ter Pollution Control Act Amendments of 197, P.L. 92-500 as amended. The Permit authorizes the Respondent to construct, install, modify or operate wastewater treatment control and disposal facilities (facilities) and discharge adequately treated wastewaters into the Pudding River, waters of the state, in conformance with the requirements, limitations and conditions set forth in the Permit. 2. The Respondent operates a sewage treatment facility that uses chlorine as a disinfecting agent for the treated effluent prior to discharging to public waters. 3. Chlorine and ammonia-nitrogen are toxic substances that can be harmful to aquatic organisms. Discharges of any substance, including chlorine .and ammonia-nitrogen, that cause water quality 1 - STIPULATION AND FINAL ORDER (MW\WC10\WC10502) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 10F stream standards violations outside of a designated mixing zone are prohibited by Oregon Administrative Rules (OAR) 340-41-445 (2) . 4. The water quality standard for dissolved oxygen is violated in the Pudding River. As a result, the Department has classified the Pudding River as a water quality limited stream and is in the process of establishing a Total Maximum Daily Load (TMDL) for dissolved oxygen. A TMDL is the total amount of pollutant that can enter a water bcxiy without causing a violation of a water quality standard. The TMDL includes waste load allocations (WLAs) for point sources and load allocations (LAs) for non-point sources and natural background activities. 5. Respondent is required to conduct a mixing zone study as part of the facility planning process to address the 'IMDL. Until such time as Respondent completes the mixing zone study, final effluent limits for chlorine and ammonia-nitrogen cannot be established. The -final effluent limits for chlorine and ammonia- nitrogen will not be effective until the Respondent attains operational level to comply with the TMDL. 6. The Department has included a chlorine effluent limitation in the permit. This limitation is an estimate of the maximum allowable effluent limit which would still meet water quality standards for chlorine. 7. The Department and Respondent recognize th~t the Respondent may not be able to achieve compliance with the water quality standards for chlorine and ammonia-nitrogen without making necessary improvements in Respondent's sewage treatment facility. 2 - STIPULATION AND FINAL ORDER (MW\WC10\WC10502) ". 1 10F 8. The Permit requires the Respondent to conduct bioassay 2 testing on final effluent. The Department and Respondent recognize 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 that whole effluent toxicity due to ammonia-nitrogen and/or chlorine is likely until the Respondent achieves compliance with the water quality standards for chlorine and ammonia-nitrogen. 9. The facility receives high Biochemical Oxygen Demand (BOD) loads from food processing industries during the sunnner months. Respondent has incorporated an aerated basin and lagoon into the treatment facility in an effort to reduce BOD loading to the secondary treatment facilities. The aerated basin and lagoon are in use for a period of five months during the sunnner. 10. With the incorporation of the lagoon into the treatment facility, additional solids in the form of algae are encountered. As a result, the Respondent may not be able to consistently meet the effluent limits for Total Suspended Solids (TSS) during the summer. 11. The permit includes 85 percent removal efficiencies for BOD and TSS in accordance with federal requirements. Respondent may not be able to consistently meet the removal requirements for BOD and TSS in the Permit. 12. The Department and Respondent recognize that the conunission has the power to impose a civil penalty and to issue an abatement order for violations of cOl1ditions of the Permit. Therefore, pursuant to ORS 183.415 (5), the Department and Respondent wish to limit and resolve the future violations referred to in Paragraphs 7, 8, 10 and 11 in advance by this stipulation and Final Order (SFO). 3 - STIPULATION AND FINAL ORDER (MW\WCI0\WCI0502) ll' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 . 10F 13. This SFO is not intended to limit, in any way, the Department. s right to proceed against Respondent in any forum for any past or future. violations not expressly settled herein. NOW THEREFORE, it is stipulated and agreed that: 14. The Environmental Quality commission hereby issues a final order : a. Requiring Respondent to comply with the following schedule: (1) Twelve (12) months after establishment of the 'DIDL, the Respondent shall submit a final facilities plan report that evaluates alternatives for complying with the 'DIDL, percent removal requirements for BOD and TSS, the water quality standards for chlorine and. ammonia, and all other applicable water quality standards. The facilities plan shall also include an evaluation of the mixing zone. (2) Eighteen (18) months after approval of the facilities plan, the Respondent shall submit engineering plans and specifications for construction of necessary improvements. (3) Twenty-four (24) months after approval of the facilities plan, Respondent shall award construction contracts for completion of necessary improvements. Progress reports are to be submitted to the Department at 6 month intervals from award of bid. (4) Forty-four (44) months after approval of the facilities plan, Respondent shall complete construction of the necessary improvements. 4 - STIPULATION AND FINAL ORDER (MW\WCI0\WCI0502) - lI' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5 10F (5) Fifty (50) months after approval of the facilities plan, Respondent shall attain operational level to comply with the 'DIDL established for the 'Pudding River and assure that any toxic impact of the Respondent's discharge of chlorine residual, ammonia-nitrogen or any other toxic substance complies with OAR 340-41-445(2)(p) for toxic substances and OAR 340-41-445(4) for mixing zones. b. Requiring Respondent to meet the following interim requirements which are effective from Permit issuance date until attainment of operational level to comply with the TMDL: (1) '!be chlorine residual concentration shall not exceed 1.5 mg!l on a daily basis. (2) Total SUSPended Solids concentration of 20 mg!l monthly average and 30 JIq!1 weekly average from May 1 - october 31. (Respondent shall comply with all mass limits in the permit). (3) Bioassay Tests may be conducted with chlorine and annnonia-nitrogen stripped from the final effluent. (4) BOD and TSS removal efficiency of 80 percent monthly average. c. Requiring Respondent to comply with all the terms, schedules and conditions of the Permit except as specified by Paragraph 14. b above, or of any other NPDES waste discharge permit issued to Respondent while this SFO is in effect. d. Requiring Respondent, upon receipt of a written Penalty Demand notice from the Department, to pay civil penalties of one - STIPUIATION AND FINAL ORDER (MW\WC10\WC10502) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 , ' 10F hundred dollars ($100) for each day of each violation of Paragraph 14.b and civil penalties of two hundred fifty dollars ($250) for each day of each violation of any other requirement of this SFO. 15. If any event occurs that is beyond Respondent's reasonable control and that causes or may cause a delay or deviation in performance of the requirements of this SFO, Respondent shall immediately notify the Department verbally of the cause of delay or deviation and its anticipated duration, the measures that have been or will be taken to prevent or minimize the delay or deviation, and the timetable by which Respondent proposes to carry out such measures. Respondent shall confirm in writing this information within five (5) working days of the onset of the event. It is Respondent's responsibility in the written notification to demonstrate to the Department's satisfaction that the delay or deviation has been or will be caused by circumstances beyond the control and despite due diligence of Respondent. If Respondent so demonstrates, the Department shall extend times of performance of related activities under this SFO as appropriate. circumstances or events beyond Respondent's control include, but are not limited to, acts of nature, unforeseen strikes, work stoppages, fires, explosion, riot, sabotage, or war. Increased cost of performance or consultant's failure to provide timely reports shall not be considered circumstances beyond Respondent's control. . 16. Respondent and the Department hereby waive any and all of their rights to any and all notices, hearing, judicial review, and 6 - STIPUIATION AND FINAL ORDER (MW\WC10\WC10502) ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 10F to service of a copy of this SFO. The Department reserves the right to enforce this SFO through appropriate administrative and judicial proceedings. 17. Regarding the schedule set forth in Paragraph 14.a above, Respondent acknowledges that Respondent is responsible for complying with that schedule regardless of the availability of any federal or state grant monies. 18. The terms of this SFO may be amended by the mutual agreement of the Department and Respondent. 19. Respondent acknowledges that it has actual notice of the contents and requirements of the SFO and that failure to fulfill any of the requirements hereof would constitute a violation of this SFO and subject Respondent to payment of civil penalties pursuant to Paragraph 14.d above. 20. Any stipulated civil penalty imposed pursuant to Paragraph 14.d shall be due upon written demand. stipulated civil penalties shall be paid by check or money order made payable to the "state Treasurer, state of Oregon" and sent to: Business Office, Department of Environmental Quality, 811 S.W. sixth Avenue, Portland, OR 97204. Within 21 days of receipt of a "Demand for Payment of Stipulated civil Penalty" Notice from the Department, Respondent may request a hearing to contest the Demand Notice. At any such hearing, the issue shall be limited to Respondent's compliance or non-compliance with this SFO. The amount of each stipulated civil penalty for each violation and/or day of violation 7 - STIPULATION AND FINAL ORDER (MW\WC10\WC10502) " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 10F is established in advance by this SFO and shall not be a contestable issue. 21. Providing Respondent has paid in full all stipulated civil penalties pursuant to Paragraph 20 above, this SFO shall terminate 60 days after respondent demonstrates full compliance with the requirements of the schedule set forth in Paragraph 14. a above. 8 - STIPUIATION AND FINAL ORDER (MW\WC10\WC10502) 1 10F 1 RESPONDENT 2 3 4 Date (Name) (Title) 5 6 7 DEPARIMENT OF ENVIRONMENTAL QUALITY 8 9 10 Fred Hansen, Director Date 11 12 13 FINAL ORDER 14 IT IS SO ORDERED: 15 ENVIRONMENTAL QUALITY COMMISSION 16 17 18 Date Fred Hansen, Director Department of Environmental Quality Pursuant to OAR 340-11-136(1) 19 20 21 22 23 24 25 26 9 - STIPUlATION AND FINAL ORDER (MW\WC10\WC10502) ". 1 1 10/08/92 A/P CHECK LISTING fOR THE MONTH Of SEPTEMBER 1992 Page Check NU1ber Budgetary Account NU1ber Vendor Name Vendor NU1ber Check - Date Written Amount of Check ------------ ------------------------- ------------------------------ ------------- -------------------- ---------------- 15946 AGREEMENT-NON DEPT MARION COUNTY 012085 9/02/92 6,661.38 15947 CONSTRUCTION/ENG SER-PW OREGON STATE HW DIV 014450 9/03/92 182,700.00 15948 PETTY CASH-VARIOUS CITY Of \IOOOBURN 015255 9/03/92 170.88 15949 COMPUTER-LIBRARY COSTCO WHOLESALE NONE 9/03/92 1,599.99 15950 SERVICES-\lATER US POST OffiCE 020090 9/03/92 228.19 15951 V 0 I D V 0 I D V 0 I D 15952 V 0 I D V 0 I D V 0 I D 15953 V 0 I D V 0 I D V 0 I D 15954 REfUND-WATER/SEWER HERMAN C ANDERS NONE 9/04/92 21.65 15955 REFUND-YATER/SEWER STAN HOSTETLER NONE 9/04/92 23.65 15956 REFUND' YATER/SEWER MADGE MIER NONE 9/04/92 14.04 15957 OVERPAYMENT-PLANNING DONALDSON,ALBERT,TWEET NONE 9/04/92 5.00 15958 SERVICES-WTP A & A PEST CONTROL INC 0000 11 9104/92 170.00 15959 BOOK-FINANCE AMER BANKER-BONO BUYER 000184 9/04/92 29.95 15960 NAMEPLATES-PLANNING AWARDS AND ATHLETICS 000580 9104/92 13.50 15961 SUPPLIES-LIBRARY/PARKS BI-MART CORPORATION 001275 9/04/92 88.74 15962 REIMBURSEMENT-PW BI-MART CORPORATION 001276 9/04/92 37,808.07 15963 SUPPLIES-VARIOUS BOISE CASCADE 001340 9/04/92 31.22 15964 PAGERS-POLICE/911 BUSINESS CONNECTIONS 001627 9/04/92 90.00 15965 SERVICES-POLICE/PARKS CASE AUTOMOTIVE 002190 9/04/92 1,031.40 15966 SUPPLIES-STREET CASCADE FARM MACHINERY 002210 9/04/92 51.72 15967 REIMBURSEMENT-CITY ADMIN CHRIS CHILDS 002448 9/04/92 67.40 15968 SUPPLIES-YATER CONSOLIDATED SUPPLY CO 002770 9/04/92 854.95 15969 SUPPLlES-WTP CONVENI ENCECARD 002815 9/04/92 10.37 15970 SERVICES-WTP ESTATES LAWN CARE,INC 004273 9/04/92 110.00 15971 COPIER-CENTRAL STORES FIRST BANK OF MARIETTA 005133 9/04/92 178.87 159n SERVICES-STREET FRIENDLY GMC 005349 9104/92 46.20 15973 UNEMPLOY INS-VARIOUS GIBBENS COMPANY 006180 9/04/92 245.89 15974 SERVICES-911 G.T.E MOBILNET 006373 9104/92 2.06 15975 SUPPLIES-VARIOUS G.W. HARDYARE CENTER 006405 9104/92 388.13 15976 REIMBURSEMENT-PARKS NEVIN HOLLY OOn68 9/04/92 60.00 15977 SERVICES-ENG/STREET JOB SHOPPERS INC 009119 9/04/92 791.20 15978 SUPPLlES-WTP L & L BUILDING SUPPLIES 011010 9/04/92 77.24 15979 SUPPLI ES-POLl CE LAB SAFETY SUPPLY 011024 9/04/92 128.39 15980 MAINTENANCE-COURT MSI GROUP INC 012015 9/04/92 125.00 15981 SERVICES-STREET MARION COUNTY FISCAL SVCS 012140 9/04/92 770.13 15982 LAUNDRY-WTP MARYATT INDUSTRIES 012240 9/04/92 131. 06 15983 SERVICES-PW NORTH SANTIAM PAVING CO 013220 9/04/92 4,800.00 15984 SERVICES-VARIOUS NORTHWEST NATURAL GAS 013350 9/04/92 1,767.85 15985 MAINTENANCE-WATER NPA WEST 013389 9/04/92 m.oo 15986 NEWSLETTER-COURT O.C.O .L.A. 014019 9/04/92 65.00 15987 MEMBERSHIP-POLICE O.N.E.A. 014039 9/04/92 20.00 15988 FUEL-POLICE OR OEPT OF GENERAL SERVICES 014200 9/04/92 225.00 15989 SHIPPING-PARKS PAC-WEST DIST 015001 9104/92 4.77 15990 MOYING-CODE ENFORCE LAWRENCE PARADIS 015115 9/04/92 140.00 242,523.89 11' 1 1 10/08/92 A/P CHECK LISTING FOR THE MONTH OF SEPTEMBER 1992 Page 2 Check Nunber Budgetary Account Nunber Vendor Name Vendor Nunber Check - Date Uritten Amount of Check ------------ ------------------------- ------------------------------ ------------- -------------------- ---------------- 15991 SUPPLIES-WTP PLATT ELECTRIC CO 015340 9/04/92 99 . 89 15992 UPS CHARGES-WTP PIONEER ELECTRONICS 015345 9/04/92 19.42 15993 SERVICES-VARIOUS PORTLAND GENERAL ELECTRIC 015420 9/04/92 8,125.83 15994 SUPPLlES-IJATER PRIER PIPE & SUPPLY 015515 9/04/92 16.50 1599S CONfERENCE-FINANCE PRIMA OREGON CHAPTER 015538 9/04/92 80.00 15996 SUPPLIES-UATER PUMMEL TRUCK SUPPLY CO 015705 9/04/92 1,102.50 15997 MAINTENANCE-UATER RAD I X CORPORATION 017035 9/04/92 525.00 15998 SERVICES-COURT TERRY RAMIREZ 017050 9/04/92 39.50 15999 PAINT-LIBRARY RODDA PAINT 01n81 9/04/92 163.65 16000 SUPPLIES-TRANSIT S & P ELECTRIC CO 018015 9/04/92 142.40 16001 SUPPLIES-LIBRARY SCOT CUSTODIAL SUPPLY 018308 9/04/92 265.07 16002 SUPPLI ES-UA TER SILVERTON SAND & GRAVEL 018490 9/04/92 2,249.88 16003 MAINTENANCE-LIBRARY SOUND ELEVATOR CO 018610 9/04/92 154.50 16004 MAINTENANCE-ENG TEKTRONIX, INC 019049 9/04/92 2,928.00 16005 fUEL-CENTRAL GARAGE UNOCAL: ERNIE GRAHAM OIL 020010 9/04/92 757.57 16006 SERVICES-VARIOUS UNITED DISPOSAL SERVICE 020020 9/04/92 932.90 16007 SUPPLI ES -YATER UNITED PIPE & SUPPLY CO 020030 9/04/92 370.66 16008 SERVICES-VARIOUS U.S. YEST COMMUNICATIONS 020095 9/04/92 642.75 16009 REGISTRATION-POLICE VANMETER & ASSOCIATES 021085 9/04/92 95.00 16010 CONCRETE-WTP VIESKO REOI MIX 021140 9/04/92 156.00 16011 SERVICES-YATER UATER,FOOD & RESEARCH LAB 022062 9/04/92 396.00 16012 SUPPLI ES-STREET IJOOOBURN FERTILIZER 022590 9/04/92 386.50 16013 SERVICES-PLANNING IJOOOBURN INDEPENDENT 022630 9/04/92 126.00 16014 SUPPLIES-LIBRARY/PARKS IJOOOBURN LUMBER CO 022660 9/04/92 232.39 16015 SERVICES-OAR HATTIE CLARK 045100 9/04/92 70.80 16016 SERVICES-OAR GRACE DAVIDSON 045210 9/04/92 33.12 16017 SERVICES-OAR CORNELIUS DONNELLY 045230 9/04/92 267.12 16018 SERVICES-OAR IJINNlfREO FACHINI 045245 9/04/92 48.72 16019 SERVICES-OAR FREMONT GREEHLING 045290 9/04/92 13.68 16020 SERVICES-OAR TONY HALTER 045310 9/04/92 71.28 16021 SERVICES-OAR BETTY PARK 045515 9/04/92 37.27 16022 SERVICES-OAR JAMES STROUP 045595 9/04/92 257.28 16023 SERVICES-OAR BARBARA STROUP 045596 9/04/92 125.57 16024 SERVICES-OAR EDITH IJILLlAMS 045707 9/04/92 57.84 16025 SERVICES-OAR JUDY YOUNG 045740 9104/92 51.60 16026 fICA TAX-fINANCE INTERNAL REVENUE SERVICE 060300 9/04/92 34.26 16027 REGISTRATION-fINANCE fINANCIAL DECISIONS INSTITUTE 005094 9/09/92 150.00 16028 SERVICES-YATER U.S. POST OffICE 020090 9/11/92 144. 17 16029 V 0 I 0 V 0 I D V 0 I 0 16030 V 0 I 0 V 0 I 0 V 0 I 0 16031 V 0 I 0 V 0 I 0 V 0 I 0 16032 SERVICES-911 ALCO CAPITAL RESOURCE 000104 9/11/92 86.67 16033 SUPPLIES-PARKS AMERICAN RED CROSS 000280 9/11/92 37.23 16034 SUPPLIES-911 AUTOMATED OffICE SYSTEM 000563 9/11/92 25.05 16035 SERVICES-VARIOUS AT&T INfORMATION SYSTEMS 000620 9/11/92 311.15 16036 SERVICES-911 AT&T CONSUMER PRODUCT 000640 9/11/92 27.50 264,382.11 1 1 10/08/92 AlP CHECK LISTING FOR THE MONTH OF SEPTEMBER 1992 Page 3 Check Nunber Budgetary Account Nunber Vendor Name Vendor Nunber Check - Date ~ritten Amount of Check ------------ ------------------------- ------------------------------ ------------- -------------------- ---------------- 16037 SUPPLIES-VARIOUS BOISE CASCADE 001340 9/11/92 908.80 16038 SERVICES-PARKS CITY OF SALEM FINANCE DEPT 002518 9/11/92 100.00 16039 SERVICES-PUBLIC YORKS DJ DRILLING INC 003009 9/11/92 237.50 16040 SERVICES-STREET DAILY JOURNAL OF COMMERCE 003020 9/11/92 22.50 16041 SERVICES-POLICE M.C. ENTENA.MD 004203 9/11/92 30.00 16042 SERVICES-CODE ENFORCE FARMERS OIL 005040 9/11/92 210.70 16043 SERVICES-CITY ADMIN FEDERAL EXPRESS CORP 005080 9/11/92 15.50 16044 SERVICES-911 GERVAIS TELEPHONE CO 006143 9/11/92 95.44 16045 SERVICES-STREET/PY JOB SHOPPERS INC 009119 9/11/92 803.60 16046 ELECTION-NON DEPT MAR I ON COUNTY FISCAL SVCS 012140 9/11/92 3,817.44 16047 SERVICES-WTP MARYATT INDUSTRIES 012240 9/11/92 100.05 16048 FUEL-VARIOUS METROFUELING INC 012448 9/11/92 503.30 16049 SERVICES-911 MONITOR CO-Of TELEPHONE 012550 9/11/92 123.29 16050 EXPENSES-P~ DEAN MORRISON 012610 9/11/92 250.00 16051 SERVICES-NON DEPT MUN I COM 012690 9/11/92 5,448.75 16052 MEMBERSHIP-PY NATIONAL SOCIETY OF PROF ENG 013100 9/11/92 157.00 16053 SUPPLIES-ENGINEERING NESSCO SUPPLY INC 013160 9/11/92 222.06 16054 SERVICES-VARIOUS ONE CALL CONCEPTS I NC 014014 9/11/92 50.32 16055 SUPPLIES-STREET OREGON CULVERT CO INC 014145 9/11/92 150.21 16056 SERVICES-CODE ENFORCE OR DEPT OF MOTOR VEHICLE 014240 9/11/92 68.00 16057 SUPPLIES-COURT PACIFIC PRINTERS 015058 9/11/92 18.95 16058 SERVICES-VARIOUS PORTLAND GENERAL ELECTRIC 015420 9/11/92 10,155.04 16059 SUPPLlES-911 POSITIVE PROMOTIONS 015463 9/11/92 382.45 16060 POSTAGE MTR-VARIOUS POSTAGE BY PHONE 015466 9/11/92 600.00 16061 SERVICES-911 PTI COMMUN I CATIONS 015580 9/11/92 120.00 16062 SERVICES-COURT TERRY RAMIREZ 017050 9/11/92 39.50 16063 SUPPLIES-POLICE/PARKS TERRY RICHARDSON 017192 9/11/92 695.00 16064 SERVltES-911 ST PAUL COOPERATIVE TELEPHONE 018035 9/11/92 177.60 16065 SERVICES-CODE ENFORCE SANTIAM COMMUNICATIONS 018173 9/11/92 23.00 16066 SUPPlIES-~ATER SCHNEIDER EQUIPMENT INC 018260 9/11/92 1,600.75 16067 SERVICES-~ATER SERVICENTER 018360 9/11/92 325.25 16068 LEGAL COUNSEL-POLICE N ROBERT SHIELDS 018450 9/11/92 390.00 16069 FUEL-VARIOUS SILVERFLEET SYSTEMS 018465 9/11/92 791. 34 16070 SERVICES-PARKS SLATER COMMUNICATIONS 018522 9/11/92 134.25 16071 SUPPLIES-CITY ATTY STATE COURT ADMINISTRATOR 018745 9/11/92 30.00 16072 SERVICES-YATER SUNSTAR,INC 018820 9/11/92 5,742.00 16073 PAGERS-YATER TElECOMM SYSTEMS INC 019043 9/11/92 52.50 16074 APPRAISAL REPORT-PY TOTTEN & COMPANY 019186 9/11/92 1,500.00 16075 SUPPLI ES-YA TER UNITED PIPE & SUPPLY CO 020030 9/11/92 332.49 16076 LEASE-NON DEPT U.S. BAN CORP 020059 9/11/92 20,999.90 16077 SERVICES-VARIOUS U.S. UEST COMMUNICATIONS 020091 9/11/92 450.50 16078 SERVICES-VARIOUS U.S. UEST COMMUNICATIONS 020095 9/11/92 2,256.99 16079 CYLINDER RENT-WTP VALLEY ~ELDING SUPPLY 021050 9/11/92 9.00 16080 SERVICES-PARKS WOODBURN CLEANERS 022630 9/11/92 15.00 16081 SUPPLIES-CODE ENFORCE WOODBURN PHARMACY 022680 9/11/92 44.36 16082 SUPPLI ES - POll CE YES GRAPHICS 024025 9/11/92 50.00 324,632.44 lr 1 1 10/08/92 AlP CHECK LISTING FOR THE MONTH OF SEPTEMBER 1992 Page 4 Check NlJIber Budgetary Account NlJIber Vendor Name Vendor NlJIber Check - Date ~ritten Amount of Check ------------ ------------------------- ------------------------------ ------------- -------------------- ---------------- 16083 RETREAT-LIBRARY FRIENDS OF THE MEDFORD NONE 9/15/92 65.00 16084 REIMBURSEMENT-MAYOR FRED ~ KYSER 010320 9/16/92 143.50 16085 PETTY CASH-VARIOUS CITY OF WOODBURN 015255 9/16/92 147.25 16086 SERVICES-UATER U.S. POST OFFICE 020090 9/17192 163.78 16087 V 0 I D V 0 I D V 0 I D 16088 V 0 I D V 0 I D V 0 I D 16089 V 0 I D V 0 I D V 0 I D 16090 OVERPAYMENT-UATERISE~ER MEL UHL NONE 9/18/92 30.35 16091 OVERPAYMENT-UATERISeuER DUANE RENEAU NONE 9/18/92 25.22 16092 OVERPAYMENT-UATERISEWER MIGUEL SALINAS NONE 9/18/92 24.31 16093 REFUND-BUILDING DAVE LUND NONE 9/18/92 179.03 16094 SUPPLIES-POLICE/PARKS AUTOMATED OFFICE SYSTEM 000563 9/18/92 333.35 16095 SERVICES-911/PU AT&T INFORMATION SYSTEMS 000620 9/18/92 249.05 16096 SERVICES-VARIOUS AT&T 000623 9/18/92 243.93 16097 SUPPLIES-PARKS B ITSTREAM I NC 001285 9/18/92 136.50 16098 SUPPLIES-VARIOUS BOISE CASCADE 001340 9/18/92 188.39 16099 SUPPLIES-ENGINEERING OCE-BRUNING INC 001500 9/18/92 293.16 16100 SUPPLlES-911 CABLECO ELECTRO PRODUCTS 002016 9/18/92 46.29 16101 SERVICES-POLICE COMMERCIAL SEAT COVERS CO 002715 9/18/92 50.00 16102 MAINTENANCE-CENT STORES COPY OFFICE'PRODUCTS 002875 9/18/92 178.75 16103 SERVICES-ENGINEERING DE HAAS & ASSOCIATES 003108 9118/92 371. 50 16104 SUPPLlES-UATER GAS ENERGY INC 006024 9/18/92 874.11 16105 SERVICES-911/PARKS G.T_E. MOBILNET 006373 9/18/92 100.15 16106 SUPPLIES-POLICE HARRIS UNIFORMS 007090 9/18/92 261.60 16107 SUPPLI ES- RSVP PATRICIA HELLHAKE 007117 9/18/92 89.99 16108 SUPPLIES-VARIOUS INDUSTRIAL WELDING SUPPLY 008100 9/18/92 221.89 16109 SERVICES-STREET/ENG JOB SHOPPERS INC 009119 9/18/92 1,200.14 16110 PERMITS-BUILDING MARION COUNTY BLDG INSPEC 012090 9/18/92 2,470.78 16111 LAUNDRY-WTP MARYATT INDUSTRIES 012240 9/18/92 237.12 16112 SUPPLIES-WTP/LIBRARY NATIONAL CHEMSEARCH 013030 9/18/92 663.09 16113 SUPPLIES-LIBRARY OFFICE DEPOT 014029 9/18/92 281.96 16114 SUPPLIES-POLICE PACIFIC PRINTERS 015058 9/18/92 22.50 16115 SERVICES-VARIOUS PORTLAND GENERAL ELECTRIC 015420 9/18/92 210.43 16116 SERVICES-COURT TERRY RAMIREZ 017050 9/18/92 39.50 16117 SUPPLI ES - STREE T SAFFRON SUPPLY CO 018020 9/18/92 760.31 16118 SUPPLIES-PARKS SHOP-N-KART 018451 9/18/92 93.38 16119 SERVICES-911 SILVERTON FIRE DISTRICT 018468 9/18/92 179 . 08 16120 SUPPLI ES-PARKS SOLO SPECIAL EDITION 018603 9/18/92 315.00 16121 SERVICES-PUBLIC UORKS STATESMAN JOURNAL 018760 9/18/92 40.28 16122 SUPPLIES-POLICE TERRITORIAL SUPPLIES INC 019060 9/18/92 842.08 16123 SERVICES-911 U.S. WEST COMMUNICATIONS 020095 9/18/92 99.63 16124 SUPPLIES-PARKS VIESKO REDI MIX 021140 9/18/92 353.70 16125 SUPPLIES-PARKS VIKING OFFICE PRODUCTS 021180 9/18/92 187.71 16126 SERVICES-WTP UATER,FOOD & RESEARCH LAB 022062 9/18/92 165.00 16127 SUPPLIES-PARKS WOODBURN ELKS 022585 9/18/92 154.00 16128 SERVICES-POLlCE WOODBURN INDEPENDENT 022630 9/18/92 46.40 337,411.63 ~ 1 1 10/08/92 AlP CHECK LISTING FOR THE MONTH Of SEPTEMBER 1992 Page 5 Check NUlber Budgetary Account NUlber Vendor Name Vendor NUlber Check - Date Written Amount of Check ------------ ------------------------- ------------------------------ ---...--------- -------------------- ---------------- 16129 AGREEMENT-911 GINA AlI>RIT5H 000542 9/21/92 500.00 16130 TAX MAPS-PLANNING MARION COUNTY TAX ASSESSOR 012210 9/23/92 45.00 16131 SERVICES-WATER U.S. POST OffICE 020090 9/24/92 161.16 16132 V 0 I 0 V 0 I 0 V 0 I D 16133 V 0 I 0 V 0 I 0 V 0 I D 16134 V 0 I 0 V 0 I 0 V 0 I 0 16135 SERVICES-POLICE ACME LOCK SHOP 000060 9/25/92 32.50 16136 SUPPLIES-LIBRARY AMERICAN BUSINESS DIRECTORIES 000199 9/25/92 132.00 16137 SUPPLIES-LIBRARY AMERICAN LIBRARY ASSOC 000250 9/25/92 30.05 16138 SUPPLlES-WIP AWARDS AND ATHLETICS 000580 9/25/92 95.00 16139 SERVICES-POLICE AT&T LANGUAGE LINE SERVICES 000659 9/25/92 249.00 16140 SUPPLIES-POLICE BALLOON WHOLESALERS INTL 001072 9/25/92 135.75 16141 SUPPLIES-LIBRARY BAKER & TAYLOR 001090 9/25/92 77.32 16142 SUPPLIES-PARKS BEN FRANKLIN STORE 001205 9/25/92 222.24 16143 SERVICES-WTP BLUE RIBBON JANITORIAL 001305 9/25/92 260.00 16144 SUPPLIES-LIBRARY BOUND TO STAY BOUND BOOKS 001360 9/25/92 1,994.16 16145 SEMINAR-911 BUREAU Of LABOR & INDUSTRIES 001605 9125/92 65.00 16146 SERVICES-WIP CARL'S SEPTIC TANK CLEANING 002136 9/25/92 110.00 16147 SUPPLIES-LIBRARY CHILDRENS PRES PUBLISHER 002450 9/25/92 120.05 16148 SERVICES-POLICE CHUNG SING 002482 9125/92 60.75 16149 SUPPLIES-WATER CONSOLIDATED SUPPLY CO 002770 9125/92 3,542.50 16150 SUPPLIES-liBRARY DEMCO MEDIA 003110 9/25/92 44.09 16151 SUPPLIES-LIBRARY DIY VIDEO CORP 003251 9/25/92 369.50 16152 SERVICES-POLICE DNA AUTO 003255 9/25/92 234.00 16153 SUPPLIES-LIBRARY EDUCATORS PROGRESS SERVICE INC 004083 9/25/92 40.90 16154 SUPPLIES-LIBRARY EQUINOX PRESS 004250 9/25/92 19.95 16155 SUPPLIES-WATER ERNST HARDWARE 004360 9/25/92 96.34 16156 SUPPLIES-COURT FORM SERVICE CORP 005254 9125/92 290.68 16157 SUPPLlES-WIP FOURSOM GOLF CARS 005262 9/25/92 33.50 16158 SUPPLIES-lIBRARY GALE RESEARCH CO 006015 9/25/92 34.14 16159 SUPPlI ES-lI BRARY GAYLORD BROS. INC 006030 9/25/92 639.07 16160 SUPPLIES-LIBRARY GLOBAL COMPUTER SUPPLIES 006212 9/25/92 45.45 16161 SERVICES-911/POlICE G. T .E. MOBllNET 006373 9/25/92 723.59 16162 SUPPLIES-lIBRARY GUMDROP BOOKS 006385 9/25/92 604.59 16163 SUPPlI ES - POll CE HARRIS UNIFORMS 007090 9125/92 337.90 16164 SERVICES-VARIOUS HARRIS AND EIDE 007095 9/25/92 10,000.00 16165 SUPPLIES-lIBRARY HERZINGER & CO 007180 9/25/92 242.48 16166 SUPPLI ES-WTP HIGH PURITY CHEMICAL INC 007189 9125/92 1,222.63 16167 SUPPLIES-LIBRARY HIGHSMITH CO INC 007215 9/25/92 67.98 16168 SUPPLIES-POLICE HUNTING SHACK INC 007336 9/25/92 1,800.30 16169 SUPPLIES-liBRARY INGRAM 015T GROUP 008116 9/25/92 433.91 16170 SUPPLIES-liBRARY INGRAM-COMMTRON 008117 9/25/92 178.87 16171 SERVICES-LIBRARY IllY'S PIlZA RESTAURANT 008395 9125/92 25.80 16172 SERVICES-STREET JOB SHOPPERS INC 009119 9/25/92 316.48 16173 SUPPLIES-LIBRARY JEAN !CARR & CO 010030 9125/92 33.50 16174 SUPPLIES-CENTRAL STORES MAIL-WEll ENVELOPES 012047 9/25/92 313.63 363,393.39 "II' 1 1 10/08/92 AlP CHECK LISTING FOR THE MONTH OF SEPTEMBER 1992 Page 6 Check NlIllber Budgetary Account NlIllber Vendor Name Vendor NlIllber Check - Date Written Amount of Check ....-------..-- ------------------------- ------------------------------ ------------- -------------------- ---..------------ 16175 SUPPLIES-POLICE MARION COUNTY SLOG INSPEC 012090 9/25/92 10.00 16176 SUPPLIES-LIBRARY MARSHALL CAVENDISH CORP 012235 9/25/92 1,328.04 16177 FUEL-VARIOUS METROFUELING INC 012248 9/25/92 350.51 16178 REIMBURSEMENT-PW DEAN MORRISON 012610 9/25/92 122.15 16179 SUPPLIES-LIBRARY NATIONAL GEOGRAPHIC SOCIETY 013060 9/25/92 17.15 16180 SERVICES-911 NORTH~ST COMPUTER SUPPORT INC 013264 9/25/92 220.00 16181 SUPPLIES-LIBRARY OLYMPIA BOOK CORP 014043 9/25/92 484 .48 16182 SERVICES-POLICE OR DEPT OF MOTOR VEHICLE 014240 9/25/92 25.00 16183 MEMBERSHIP-LIBRARY OREGON LIBRARY ASSN 014327 9/25/92 100.00 16184 SUPPLIES-LIBRARY OREGON PHOTOCOPY CO 014420 9/25/92 70.20 16185 SUPPLIES-LIBRARY OR STATE SHERIFF'S ASSOC 014530 9/25/92 39.50 16186 SUPPLIES-LIBRARY ORYX PRESS 014646 9/25/92 29.95 16187 SUPPLIES-LIBRARY ORR PUBLI SHERS 014651 9/25/92 39.95 16188 SUPPLIES-LIBRARY OXMOOR HOUSE 014665 9/25/92 13.20 16189 SUPPLIES-WATER PACIFIC WATER WORKS SUPPLY 015065 9/25/92 211. 58 16190 SUPPLIES-WATER PLATT ELECTRIC CO 015340 9/25/92 30.96 16191 SERVICES-VARIOUS PORTLAND GENERAL ELECTRIC 015420 9/25/92 11,847.94 16192 SERVICES-PARKS PRY PUBLISHING 015571 9/25/92 561.00 16193 SERVICES-COURT TERRY RAMIREZ 017050 9/25/92 47.00 16194 SUPPLIES-LIBRARY RANDOM HOUSE I NC 017051 9/25/92 110.73 16195 SUPPLlES-WTP JACK RAWLI NGS 017054 9/25/92 112.70 16196 REIMBURSEMENT-911 ED RECTOR 017120 9/25/92 25.00 16197 SUPPLIES-LIBRARY REGENT BOOK CO 017148 9/25/92 92.55 16198 SERVICES-COURT SHEREEN RICOY 017196 9/25/92 200.68 16199 SERVICES-WWTP RUGGED MFG 017361 9/25/92 411.42 16200 SUPPLIES-LIBRARY ST. MARTIN'S PRESS INC 018033 9/25/92 202.07 16201 SUPPLIES-LIBRARY SALEM TROPHY CO 018141 9/25/92 47.25 16202 SUPPLlES-WTP SARATEC MEASUREMENT 018202 9/25/92 171.42 16203 SERVICES-POLICE SAVIN SYSTEMS NORTHWEST 018205 9/25/92 74.68 16204 REIMBURSEMENT-LIBRARY LI NDA SPRAUER 018710 9/25/92 117.29 16205 SERVICES-PLANNING STATEMAN JOURNAL NEWSPAPER 018760 9/25/92 297.32 16206 SUPPLIES-LIBRARY TIME LIFE BOOKS MUSIC 019160 9/25/92 16.64 16207 REIMBURSEMENT-PW G.S. FRANK TIWARI 019180 9/25/92 48.53 16208 SERVICES-LIBRARY TRAPPIST ABBEY BOOKBIND 019240 9/25/92 612.00 16209 SUPPLIES-LIBRARY US WEST DIRECT 020092 9/25/92 11.60 16210 SUPPLIES-LIBRARY VAN NOSTRAND REINHOLD 021115 9/25/92 167.88 16211 SUPPLIES-LIBRARY YURI VETOKHIN 021130 9/25/92 67.95 16212 SUPPLIES-LIBRARY VIDEO STORE SERVICES 021172 9/25/92 28.90 16213 SERVICES-WWTP VIKING INSTRUMENT LAB 021177 9/25/92 400.00 16214 SUPPLIES-LIBRARY VISIONS 021203 9/25/92 168.09 16215 SERVICES-WWTP WASTEWATER NETWORK 022053 9/25/92 937.50 16216 SERVICES-WWTP WATER,FOOD & RESEARCH LAB 022062 9/25/92 385.00 16217 SERVICES-WWTP WATERLAB 022065 9/25/92 80.00 16218 SERVICES-PLANNING WOODBURN INDEPENDENT 022630 9/25/92 178.50 16219 SERVICES-RSVP ELIZABETH BROOESSER 035067 9/25/92 5.76 16220 SERVICES-RSVP THOMAS EVANS 035220 9/25/92 17.52 383,930.98 " If 1 1 10/08/92 A/P CHECK LISTING FOR THE MONTH OF SEPTEMBER 1992 Page 7 Check. NlIlber Budgetary Account NlIlber Vendor Name Vendor Nunber Check. - Date Yritten Amount of Check. ------------ ------------------------- ------------------------------ --------...---- -------------------- ---------------- 16221 SERVICES-RSVP HELEN GRAHAM 035300 9/25/92 32.64 16222 SERVICES-RSVP SHIRLEY HACKETT 035311 9/25/92 47.04 16223 SERVICES-RSVP MARGARET KANE 035390 9/25/92 19.20 16224 SERVICES-RSVP ETTA KOPPES 035415 9/25/92 30.00 16225 SERVICES-RSVP LEO LA.ROQUE 035465 9/25/92 195.84 16226 SERVICES-RSVP CHARLES MOHLER 035555 9/25/92 30.00 16227 SERVICES-RSVP ALMEDA QUIRING 035608 9/25/92 24.96 16228 SERVICES-RSVP BARBARA STALZER 035666 9/25/92 57.60 16229 SERVICES-RSVP JAY \IOOOS 035763 9/25/92 78.00 16230 SERVICES-RSVP GERALD \1000 035790 9/25/92 12.96 16231 PETTY CASH-VARIOUS CITY OF \IOOOBURN 015255 9/28/92 152.34 16232 1/2 PROCEEDS 4TH OF JULY WOODBURN COMEBACK COMMITTEE 022545 9/30/92 324.13 16238 V 0 I 0 V 0 I D V 0 I D 16239 V 0 I D V 0 I D V 0 I 0 16240 V 0 I 0 V 0 I D V 0 I D 16241 V 0 I 0 V 0 I D V 0 I 0 16242 SUPPLIES-YATER A & A DRILLING SERVICE 000010 9/30/92 850.00 16243 SUPPLIES-PARKS ADIRONDACK DIRECT 000061 9/30/92 944.75 16244 SERVICES-POLICE/CITY HALL ARATEX SERVICES,INC 000535 9/30/92 96.45 16245 SERVICES-POLICE AUTOMATED OFFICE SYSTEMS 000563 9130/92 172.75 16246 SUPPLIES-PARKS AYARDS AND ATHLETICS 000580 9/30/92 118.21 16247 SUPPLIES-PARKS/LIBRARY BI-MART CORPORATION 001275 9/30/92 119.62 16248 SERVICES-PUBLIC YORKS BOB'S BACKHOE SERVICE 001325 9/30/92 25,619.60 16249 SUPPLIES-VARIOUS BO I SE CASCADE 001340 9/30/92 1,069.63 16250 PAGERS-POLICE/911 BUSINESS CONNECTIONS 001627 9/30/92 90.00 16251 SERVICES-CITY HALL CANBY PLUMBING INC 002059 9/30/92 86.20 16252 SERVICES-POLICE CASE AUTOMOTIVE 002190 9/30/92 1,567.15 16253 SUPPLI ES - STREET CASE POYER AND EQUIPMENT 002270 9/30/92 37.60 16254 REIMBURSEMENT-CITY HALL CHRIS CHILDS 002448 9/30/92 38.98 16255 SERVICES-PUBLIC UORKS CH2M-HILL 002478 9/30/92 6,585.06 16256 SEMINAR-CODE ENFORCE CITY OF BEAVERTON 002490 9/30/92 30.00 16257 SUPPLIES-YATER/STREET CONVENI ENCECARD 002815 9/30/92 298.53 16258 SERVICES-POLICE DANIELS PHOTOGRAPHY 003030 9/30/92 205.16 16259 SUPPLIES-VARIOUS DAVISON AUTO PARTS 003080 9/30/92 433.91 16260 SUPPLIES-POLICE DAVISON AUTO PARTS 003081 9/30/92 19.37 16261 SUPPLIES-STREET DYCOR SUPPLY INC 003294 9/30/92 570.00 16262 LODGING-COURT EBB TIDE 004023 9/30/92 64.20 16263 SUPPLIES-LIBRARY/YYTP EOFF ELECTRIC CO 004230 9/30/92 153.95 16264 SUPPLIES-POLICE FARMERS OIL 005040 9/30/92 622.00 16265 SUPPLIES-PARKS FARM PLAN 005062 9/30/92 115.70 16266 SUPPLIES-STREET FURROW BUILDING MATERIALS 005340 9/30/92 65.96 16267 SUPPLIES-PARKS GRAND SLAM 006273 9/30/92 139.50 16268 SERVICES-911/YYTP G.T.E. MOBILNET 006373 9/30/92 139.18 16269 SUPPLIES-VARIOUS G.Y. HARDYARE CENTER 006405 9/30/92 980.36 16270 SUPPLIES-PARKS INDUSTRIAL WELDING SUPPLY 008100 9/30/92 34.68 16271 SUPPLI ES-STREET INLAND FOUNDRY CO 008130 9/30/92 1,605.00 427,809.19 11" 1 1 10/08/92 AlP CHECK LISTING FOR THE MONTH OF SEPTEMBER 1992 Page 8 Check Nl.I1lber Budgetary Account Nl.I1lber Vendor Name Vendor Nl.I1lber Check - Date Written Amount of Check ------------ ------------------------- ------------------------------ ------------- --------------..----- ---------------- 16272 SERVICES-PARKS CARLENE JACQUES 009049 9/30/92 17.00 16273 SERVICES-ENG/STREET JOB SHOPPERS INC 009119 9/30/92 722.96 16274 SUPPLIES-VARIOUS L & L BUILDING SUPPLIES 011010 9/30/92 339.32 16275 MEMBERSHIP-POLICE LATIN AMERICAN LAW ENFORCE 011098 9/30/92 100.00 16276 SERVICES-VARIOUS MARION COUNTY FISCAL SVCS 012140 9/30/92 1,200.00 16277 SUPPLIES-STREET RICK MCCORMICKS BARKDUST 012350 9130/92 570.00 16278 SUPPLIES-STREET/BUILDING MR P'S AUTO PARTS 012510 9130/92 137.87 16279 SUPPLIES-PARKS MUFFLERS, HITCHES & MORE 012655 9/30/92 450.00 16280 SERVICES-VARIOUS NORTHWEST NATURAL GAS 013350 9/30/92 597.45 16281 MEMBERSHIP-COURT OR ASSN FOR COURT ADMN 014081 9/30/92 85.00 16282 SUPPLIES-SEWER PACIFIC INTL PIPE & ENG 015035 9/30/92 763.00 16283 SUPPLIES-WATER PACIFIC SAFETY SUPPLY INC 015040 9/30/92 598.50 16284 SUPPLIES-RSVP PACIFIC PRINTERS 015058 9/30/92 87.50 16285 SUPPLIES-WATER PACIFIC WATER WORKS SUPPLY 015065 9/30/92 1,176.00 16286 SUPPLIES-POLICE PIONEER ELECTRONICS 015345 9/30/92 165.81 16287 SUPPLIES-PLANNING/PW R & D INDUSTRIES INC 017001 9/30/92 46.61 16288 MEMBERSHIP-POLICE/911 RAIN/MARION COUNTY FISCAL SVCS 017042 9130/92 7,987.00 16289 SERVICES-COURT TERRY RAMIREZ 017050 9/30/92 39.50 16290 LAUNDRY-VARIOUS RAWLINSON'S LAUNDRY 017055 9/30/92 61.05 16291 REIMBURSEMENT-POLICE JOSE A RODRIGUEZ 017283 9130/92 88.57 16292 SERVICES-PARKS/WATER LES SCHWAB TIRE CENTER 018300 9/30/92 499.39 16293 SUPPLIES-PARKS SCOT CUSTODIAL SUPPLY 018308 9/30/92 831. 70 16294 SERVICES-WATER SERVICENTER 018360 9/30/92 287.50 16295 SERVICES-CITY ATTY N. ROBERT SHIELDS 018450 9/30/92 3,656.25 16296 SERVICES-POLICE SLATER COMMUNICATIONS 018522 9/30/92 37.08 16297 SUPPLIES-CITY ATTY STATE COURT ADMINISTRATOR 018745 9/30/92 30.00 16298 SERVICES-POLICE STATESMAN JOURNAL NEWSPAPER 018760 9/30/92 148.71 16299 REIMBURSEMENT-FINANCE MARY TENNANT 019055 9/30/92 129.20 16300 SUPPLIES-WATER TRAFFIC SAFETY SUPPLY CO 19220 9/30/92 134.14 16301 SERVICES-VARIOUS UNITED DISPOSAL SERVICE 020020 9/30/92 506.20 16302 BOOK-LIBRARY UNITED RESEARCH PUBLISHERS 020043 9/30/92 15.95 16303 STAMPS-PARKS UNITED STATES POSTAL SERV 020090 9/30/92 116.00 16304 SERVI CES-911 U.S. WEST COMMUNICATIONS 020095 9/30/92 34.90 16305 SUPPLIES-WATER UTILITY VAULT COMPANY 020165 9/30/92 213.00 16306 SERVICES-YATER YATER,FOOO & RESEARCH lAB 022062 9/30/92 282.75 16307 SUPPLIES-PARKS WOODBURN FERTILIZER 022590 9/30/92 234.29 16308 SERVICES-LIBRARY WOODBURN INDEPENDENT 022630 9/30/92 48.60 16309 SUPPLIES-VARIOUS UOOOBURN LUMBER CO 022660 9/30/92 223.86 16310 SUPPLI ES-PARKS WOODBURN OFFICE SUPPLY 022670 9/30/92 187.67 16311 SUPPLIES-POLICE/CODE ENF WOODBURN PHARMACY 022680 9/30/92 56.34 16312 SUPPLIES-lIBRARY/STREET WOODBURN RADIATOR & GLASS 022700 9/30/92 1,913.45 16313 REIMBURSEMENT-POLICE KENNETH \olR I GHT 022830 9/30/92 38.10 16314 SUPPLlES-911 YES GRAPHICS 024025 9/30/92 45.00 16315 SERVICES-OAR HATTIE CLARK 045100 9/30/92 62.40 16316 SERVICES-OAR CORNELIUS DONNELLY 045230 9/30/92 189.12 16317 SERVICES-OAR WINNIFREO FACHINI 045245 9/30/92 19.97 452,983.90 If 1 1 10/08/92 AlP CHECK LISTING FOR THE MONTH OF SEPTEMBER 1992 Page 9 Check NU1ber Budgetary Account NU1ber Vendor Name vendor NU1ber Check - Date ~ritten Amount of Check ------------ ------------------------- ------------------------------ ------------- -------------------- ---------------- 16318 SERVICES-OAR BETTY PARI( 045515 9/30/92 22.13 16319 SERVICES-OAR GERTRUDE REES 045545 9/30/92 10.32 16320 SERVICES-DAR JAMES STROUP 045595 9/30/92 53.04 16321 SERVICES-OAR EDITH ~ILLIAMS 045707 9/30/92 54.72 16322 SERVICES-OAR JUDY YOUNG 045740 9/30/92 52.32 453,176.43 11 14A MEMO TO: City Council through City Administrator FROM: Community Development Director SUBJECT: Site Plan Review - Skipper's and Office Complex DATE: October 5, 1992 At their meeting on September 24, 1992 the Woodburn Planning Commission approved two site plan review requests, a Skipper's fast food restaurant (SPR #92-15) and an office complex (SPR 92-13) on Meridian Drive. SG:lg SKIPOFC .. '~ 1 -: i 14A SITE PLAN REVIEW # 92-15 SKIPPER'S FAST FOOD RESTAURANT STAFF REPORT APPLICANT: SKIPPER'S INC. PROPERTY LOCATION: STACY ALLISON (SEE ATTACHED VICINITY MAP) COMPREHENSIVE PLAN DESIGNATION: COMMERCIAL ZONING: COMMERCIAL GENERAL ( CG ) APPLICANT'S STATEMENT: · It is Skipper's intent to build a new free-standing fast food restaurant with drive- thru. The landscaping will be done in compliance to all city regulations and standards. The square footage of this building will be 2080.11 TO SALEM VllCCllNll1rV MAr NO SCALE MAP 1 SKIPPER'S 1 - . 'I ...-" 14A . STAFF COMMENTS: A. LOCATION AND ZONE. The property is located at Stacy Allison Street. The property is zone CG ( General Commercial). Fast food restaurants are permitted outright in the Commercial General District. The development will be directly west of the proposed Carl's Junior fast food restaurant ( see attached map 1 ) B. ANALYSIS OF DESIGN CRITERIA: 1. The property is approximately 30,000 s.f. in area. The proposed restaurant is approximately 2250 in area ( including walk-ins). 2. Required number of parking spaces -- 12-16 (see map 2 ) ( 1 parking space for 200 s.f. plus number of employees ) The applicants provides 48 parking spaces including two parking spaces for disabled and meets the required parking standard. 3. Landscaping - (see map 3 ) The applicant identifies the following landscape elements: __ 8 ft street frontage including three large trees ( maples ) _ interior parking landscape -- 1780 s.q. ( required minimum 860 s.f.) including three large trees It should be noted that all proposed interior landscaping areas area concentrated around the proposed building; the applicant did not identify any landscape islands within the parking areas ' 4. Driveway access -- Two access driveways are identified; the east access is shared with the adjacent development ( Carl's Junior). PROPOSED CONDITIONS OF APPROVAL: PLANNING: 1. A revised landscape plan including more diversified interior parking landscape with five or six parking islands shall be submitted to the Planning Department prior to issuance of any building permits. 2. The west access on Stacy Allison shall be shared with the adjacent property; a revised site plan to reflect this amendment shall be submitted to the Planning Department prior to issuance of any building permits. PUBLIC WORKS: SEE ATTACHMENT 1 FIRE DEPARTMENT: SEE ATTACHMENT 2 WASTE WATER: SEE ATTACHMENT 3 2 SKIPPER'S ~ ~ ~z ~~8~ ~ .r'\. ~i=~:X:3 ::i < } 58~~'" ~ ~~I~g ~ ~ d~~85 ~ ~ -.J 8z:X:~a~ "'~ !Q :;;: On'Q zoo W :x:f'-CII~ Q~ w 0 ~;i~8~"'0 6..... . ~CIIw::J g~ ~ ~ ~Iclm~ ~~ 0:: ~~z~ 8z ~ ~ :x:!QW \=!r5 W ~ CJ ~~~<:5~ ~~ g ~ ~:~I\=! ~~ B ~g~~~ g~ ~ ~ ~8~~~ ~~ ~ ~ Soi-w 0 W 0 ~::> '!l<"> g~ 9: <..> ~g*~~ ll:i= ~ ,., ~ .f .' ....., "'" - - <D l-'J ::> a:: i=;z: ICJ ~v;<.5 o::~w a -' w 50w 11=0 ~~g <9:0:: -_._-~~ ~; t't Co ;". ~ <" I I I I I 1 I I I- i~ I~ I ~~ .18 .6 @ StlDIS 6 "'... I aiJ:l ~L: o-e Uti .8l .". .06 .6 @ SIIDlS 01 [LIE ~~...nl N ~~5~ d := Cl....... cd I ~ ~r < ~::> 'F- ("N ~~ ~~ 0...'" ;z: . !Qo:: w g b Q (fl . a... tIlu a::: .i: \J~ C> ~ d ~ ~I~ Z ~I = '" Ow ~ '~ J=a :r:W "0. ;". 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I 0 ~0:::: 3 oo=' 0 l- ~< l:ii~b~ g: ,.!. w 0 ~6t-~a: ~~~b 0 <-'lSw oc::> 0 z ~ oc 0...0 a... ::>00 w<-' ii "" ~a::N~ 1'[ u........ 0z :r: ~~bol;S ~~a:J < g~z3 :::EV)(D ~~~ ::> ~6 ::> ~ CDZ<.) t-~ . 0\::::0 'OC <3 ~i= oc ~81S~~ V)S;?;O ~ (DO e:ot- z <-' i= o :::Et:;; ~g;dw ~~~ 0 01 tS5 ~03 u <-'~ I u... 5:::E 5~ z_;z: !z S2~UJO Vl 0 5........!t~~ ~m~~ &~~~ w~g ~O:::E5 'N 'N"" ~~ ~ 0 a: ~ V) Q:lO-gffi r- ~o oc <.)~Oa... ""'00 (/) :"r'I n ". [:~::::~:~: ::7';' .,;,":,",:.:-:-:-.. ,~.:~:: .,:"":,,,:, ~.' _r:"7,-~. ~ ,":7'.-:-:-:':' ::"7:,':"":"':..' ,~. .';'":'"':.:..~ .~. -:.:-:'7,,'7:'"-', .~. :a:@ .'. ._ . . ul f~ WSH @:" I........ 01 :::::-. @ ;:-:-. ~I m c 8i f r' f: t w r: ~ f &! ~ , r ~ r 0 (" C t \ r: t t r: .... r' L r ,~ \ , .e DQ',-",~ \' " .4J c c ~8 lP A~KnNG S1f AlLlS ----------- MAP 3 PROPOSED LANDSCAPE PLAN SKIPPER'S 14A 4 "IT - .,. t ..-, 14A SITE REVIEW SKIPPER'S GENERAL CONDITIONS: 1. Final plan shall conform to the construction plan review procedures and standards. 2. All work shall conform to the City of Woodburn standard specifications and all Oregon State building codes. STREET AND DRAINAGE: 1. Driveway approach shall conform to Ordinance #2033, three lanes shall not exceed 36 feet in width; two lane approach shall not exceed 26 feet in width unless it is a shared access with an adjoining property, which may be up to 34 feet in width. Driveways shall conform to Woodburn commercial standard and shall be constructed of concrete. 2. The access on Stacy Allison Way shall be shared with the adjacent property to the west. The east shared access as shown is required and acceptable. 3. On-site storm runoff may utilize the existing catch basin west of this development through private easements or bore into storm sewer manhole on the south side of Stacy Allison adjacent to this development. 4. On-site catch basins shall be pollution control type. 5. On-site detention is required, calculate on 10-year.storm 2-year release. 6. Install 5' concrete sidewalk adjacent to this development along Stacy Allison. WATER: 1. Service can be provided along Stacy Allison Way. 2. Backflow devices may be required, depending on water usage. 3. Fire protection shall be as per fire department requirements. SANITARY SEWER: 1. Sanitary service can be provided by an existing 6" dia service approximately 60 feet west of the north line of this development. This will be a private line, however, and shall not be placed within the public right-of-way. Easements will be required. 2. Grease trap will be required. x Randy Scott, Engineering RS:lg 9/17/92 ATTACHMENT 1 SKIPPERS 'I , ' ...:..................... 14A Wodbum R~ M EM 0 TO: Barbara Sochacka Assistant Planner ' FROM: Bob Benck Fire Marshal RE: Skipper's Inc. DATE: SCpL 15, 1992 Site Plan Review Comments \VOODBURN FIRE DISTRICT A. ACCESS: Adequate access is provided as indicated. B. FIRE FLOW: A minimum water How of 1500 gpm is required. C. HYDRANfS: The noted hydrant near the entrance to the facility will be adequate for the required fIre flow. D. SPRINKLERS/FDC: None required. E, ALARM SYSTEM: None required. F. PREMISE IDENTIFICATION: An outside visible address shall be required. ATTACHMENT 2 ,:....." ~"-'i 14A ,"""-- G. CONDITIONS FOR CONSTRUCTION: An on site water supply system must be in service and acceptable to the city prior to the begin ning of combustible co nstructio n. H. BUILDING PLANS: All buildings must comply to state,county. city codes and be reviewed by Marion County Building department for fire and life safety compliance before construction. ......"( -, j -1 1 148 SITE PLAN REVIEW 92-13 MILNE-PLAMER OFFICE BUILDING STAFF REPORT APPLICANT: Woodburn Construction Company OWNER: Milne-Plamer Property Partnership LOCATION: 787 Glatt Circle COMPREHENSIVE PLAN MAP DESIGNATION: Commercial with a CO Commercial Office Zone Designation APPLICANTS STATEMENT: Office Building CONDITIONS OF APPROVAL: 1. Meet the landscape plan as identified in the application. 2. Prior to issuance of the building permit the applicant pay the $50.00 site plan review fee. 3. Meet the site plan standards as identified in the application. 11" ...-. ~~ -- "I 148 SITE REVIEW 787 GLAlT CIRCLE GENERAL CONDITIONS: 1. Final plan shall conform to the construction plan review procedure and standards. 2. Landscaping and signing shall conform to the sight visibility triangle at the intersection of Glatt Circle and Meridian Drive. 3. All work shall conform to the City of Woodburn standard specifications and all state building codes. STREET: 1. The driveway approach shall conform to the Cityof Woodburn commercial standard. 2. The driveway shall not be located closer than 50 feet from the property corner at the intersection of Glatt Circle and Meridian Drive. 3. On-site catch basins shall be of a pollution control type. 4. The 6" dia. storm sewer being proposed shall connect to the back of the catch basin, not the side. The storm sewer shall not be placed in the public right-of-way, except for the connection. SANITARY SEWER: 1. The existing 6" dia. sanitary service for this lot is located on Meridian, approximately 60 feet north of Glatt Circle and this service shall be used. 2. A sanitary service should be extended to the area noted as future development. If this area does not remain under one ownership addition conditions may be required. WATER: 1. Domestic service will be provided from the existing 6" dia. main on the north side of Glatt Circle. Water meters shall be within the public right-of-way. 2. Backflow prevention device may be required, depending on the water usage. 3. Fire protection shall conform to the Woodburn Fire Department's requirements. Randy Scott, Engineering RS:lg 9/16/92 SITEREV\GLA TT ;~):t:"";:j.:,.::'~':,,:,-:.~~';-. . .':. . .Jt~"'l.;"","""""" t. --."' ." ~;if~ ~-." 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'~'. f .. .;.:.."- 'i. ~ :.x_.' .;.- s....~.:.: ..--./. ' ".' ;- ..'. :.~,~-~... .~' .......'. .".. .~ ~ .< ... . ..~.~~~.~~~ .:...... ~.,.. iii < " \ .~ .J'- ). ..... r , . :. .-.,.... ~~0?~~M-~~~}0f;t1,~.?1.}'b.~:iii~~~~~~)::~#t;i~g~~\~~'~jf.i1l~~~:~~~f.~~r~~~;~~~~:~.~::~~~;. . ."--.~. ~ :;;Ff~~~',~::" .t.~"~" 148 , . . " .:~:r 0 -:-t ..~ ~.,~ s:D T... .r. ~. ..'!\ !:.- ~.~ -- ~ T.. :J ~..Q ~ !'. (Q .>- 5" - L :J " iO' 0.. t~.... -. CD ~. . '< .~. X --- . - <W\ \ \ ( L.~ - ~ .... ~ -- ..... < . ~ '., y. ..' . .~-. -+ ,.., ~. .. (~ MEMO ,~ 15A TO: Planning Commission and City Council through City Administrator FROM: Code Enforcement Section SUBJECT: Monthly Report for September, 1992 DATE: October 4, 1992 This monthly report encompasses Code Enforcement activities from September 1-30, 1992. Code Enforcement responded to or self initiated 104 cases. There are 17 cases (previous months' violations) still under investigation which must be cleared by the court. CASES CLEARED ABATED/ CITATIONS 36 30 o 3 o 3 25 20 o 4 o 4 2 o 2 1 o 1 1 o 1 I PUBLIC PROPERTY VIOLATION: These cases include storage of motor vehicles, boats, trailers, abandoned autos, etc. on 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 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 single family unit being used as a multifamily 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. CASES CLEARED 21 4 Settlemiaregion Park Park 72 ,.-.} ABATED! CITATIONS 21 2 4 o Community Center 60 38 CONTRACT CASES CUT CITATIONS 1 5 7 MONRPTo09 o o 3 '1 15A 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 Woodburn Police Dept. 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) 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 Builidng Department. MISCELLANEOUS VIOLATIONS: Public indecency, no merchant's license, peddlers, etc. CARD 3 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. Officer picks up captured varmint & releases back into country. .~.., , J ~' 158 MEMO TO: Community Development Director FROM: Bob Arzoian, Building Inspector SUBJECT: Building Activity for SEPTEMBER 1992 DATE: October 2, 1992 SEPTEMBER 1990 SEPTEMBER 1991 SEPTEMBER 1992 No. Dollar Amt No. Dollar Amt No. Dollar Amt New Residence Value 2 $152,000 1 $ 95,000 0 $ 0 Multi Family 0 0 0 0 0 0 Residential Adds & Alts 20 $44,200 11 99,711 12 44,850 Industrial 1 900 0 0 1 700,000 Commercial Value 5 161,700 1 117,249 2 138,000 Signs, Fences, Driveways 5 3,800 3 35,433 8 17,820 Mobile Homes 5 175,000 9 360,000 3 92,000 TOTAL: 38 $ 537,600 25 $742,642 26 992,670 July I-June 30 Fiscal Year-to-Date $ 2.152.000 $ 3.050.656 $2.228.758 Robert Arzoian Building Official RS:bw BLDACT09.92 .. 15C MEMO TO: City Council through the City Administrator Public Works Program Manager /~ffL.- SUBJECT: Water Testing for Lead and Copper FROM: DATE: October 7, 1992 The City of Woodburn has accepted a proposal from 8ackflow Management, Inc. (8MI) to obtain water samples required for Environmental Protection Agency (EPA) mandated testing of the city's water supply for lead and copper. They will be conducting the initial phase of this sampling process to be completed by December 31, 1992. Reporting requirements for this testing are very detailed and complex and sampling must be done by the resident at the tap. 8MI personnel will be working individually with residents on obtaining the 60 samples required. 8MI personnel will have picture identification cards to identify themselves. Residents will be notified of the testing through a notice printed on the water bills. RR:lg \.ITRTEST 150 MEMO TO: FROM: Mayor and City Council Chris Childs, City Administrator tfzt-. S U BJ . : lUBA appeal - Seven Oaks Subdivision Proposal DA TE: October 8, 1992 As you know, on April 13, 1992 the Council approved the application for a) Urban Growth Boundary amendment, b) annexation request, c) Comprehensive Plan and zone map amendments and d) subdivision proposal regarding the proposed Seven Oaks Subdivision in West Woodburn. This approval was subject to ..... formal approval of the above-described Urban Growth Boundary amendment by the Marion County Board of Commissioners..... More recently, this UGB amendment application was, in fact, denied by the Board of Commissioners. As a result, the applicant has filed an appeal of the county's decision to the Land Use Board of Appeals (LUBA). The applicant's attorney has requested that the city participate by filing a motion to intervene and submit a legal brief in the LUBA proceedings. Staff believes that an understanding existed at the time of the city's consideration of this proposal that the burden of preparing conclusions and findings of fact, as well as any subsequent action (such as an appeal to LUBA), would be borne by the applicant. Accordingly, the attached letter in response to the applicant's request has been prepared and, given that it properly reflects the Council's previous policy direction in this matter, will be mailed to the applicant's attorney. 150 CITY OF WOODBURN 270 Montgomery Street - Woodburn, Oregon 97071 - 982-5222 October 13, 1992 Mr. Donald M. Kelley Kelley & Kelley Attorneys and Counsellors 110 North Second Street Silverton, OR 97381 RE: Dale Baker/Seven Oaks Subdivision LUBA Appeal Dear Mr. Kelley: I am in receipt of your letter of October 6, 1992 requesting the City of Woodburn's participation in the above-referenced appeal of a Marion County land use decision. After evaluating the issues involved and other factors, we have determined that direct involvement in this appeal does not appear to be an appropriate use of the city's resources. The appeal has been filed in respect to the decision resulting from the hearing held by the Board of Commissioners, not the hearing held by the City Council. Other than a summation by our Community Development Director of the action previously taken by the city, the City of Woodburn did not make a formal appearance, through counsel, at the county's hearing. It was our understanding, which we felt was properly conveyed to you and agreed to at the time of the city's hearing, that the burden of preparation of appropriate conclusions and findings of fact for the city's hearing, as well as any subsequent action (such as an appeal to LUBA), would be borne by the applicant. It is increasingly typical in many jurisdictions (Washington County, for example) to let the applicant defend the land use decision in this type of situation. In this instance, we believe that the applicant is well represented by competent counsel in respect to pursuing the appeal and defending the findings upon which the city's decision was based. 150 Page 2 - Donald M. Kelley (10/13/92) As City Administrator, I have an obligation to evaluate the city's stake in each case of real or potential litigation. This includes whether city staff time should be devoted to any particular case as opposed to other matters. During this period of unprecedented development in Woodburn, it is impossible to devote city resources to defend every development decision the Council makes. In this instance, the applicant is seeking to amend the UGB in order to ultimately attain a higher allowed housing density to maximize the subdivision he is developing. This has to be weighed against other significant developmental issues in which the public and the city government conceivably has a greater interest at stake, such as transportation issues surrounding the freeway interchange, re-evaluation of the entire Urban Growth Boundary, etc. In summary, the city is supportive of your client's proposal, as evidenced by the Council's previous approval of the application. In that respect, we wish you well in this matter. Unfortunately, from the standpoint of judicious use of taxpayer dollars and our limited resources, we do not believe that city participation in this appeal is justified. Very truly yours, Chris Childs City Administrator CClcnc cc: Mayor and Council . 15E CITY OF WOODBURN POLICE DEPARTMENT MElMORAIIDlllJM 270 Montgomery Street Woodburn. Oregon 97071 982-2345 Ext. 351 Don Eubank Operations Lieutenant Date: \ September 30. 1992 To/~\ ,It::7 RE: Mayor and Council Chief Ken Wright 4th of July Staff Report As you are probably aware. we had another glorious 4th of July Celebration. This included an "Old Fashioned Picnic" and one of the best Fireworks Display for miles around. I am writing this staff report for informational purposes. Over 50 people volunteered their time and energy to make this celebration successful. The majority of the volunteers came from the Comeback Campaign, their neighbors and off duty city employees. No" duty" city time was used to put this event together. The total collected/contributed for this event was $6,699 in various amounts. The largest single donation was $300.00 and the smallest was $1.00. There were a total of 249 contributors. Expenses for the entire event totalled $5,595.07 which included $5,000.00 for the Fireworks display alone. This leaves a balance of $1,103.93 as seed money for next years 4th of July Celebration. Sales from Hot Dogs and Pepsi, and donations helped keep our expenditures at a minimum. Proceeds from the sales and donations were divided equally with the Comeback Campaign for future city wide events. Thank you for your support of this wonderful event. I am looking forward to an even better 4th of July Celebration in 1993.