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Agenda - 11/07/1990 CITY OF WOODBURN 270 Montgomery Street . Woodburn, Oregon 97071 · 982-5222 AGENDA WOODBURN CITY COUNCIL NOVEMBER 7, 1990 - 7:30 P.M. 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3.MI~ A City Council minutes of October 15, 1990 Workshop and October 22 & 29, 1990 meetings. 3A B. - Woodburn Downtown Association minutes of October'16 and 23, 1990. ' 3B 4. APPoINTMENTS AND ANNOUNCEMENTS A Appointment: Nancy Gritta as Finance Director. 4A B. Announcement: LOC Conference, Jantzen Beach, Nov. 10 -12. 5. COMMITIEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign 6. COMMUNICATIONS A. Written. None 7. BUSINESS FROM THE PUBLIC 8. PUBLIC HEARING A Subdivision Ordinance (Information in separate packet) Page 1 _ Agenda, Woodburn City Council of November 7, 1990. 9. TABLED BUSINESS 10. GENERAL BUSINESS A. Followup Report - Cable TV local access. B. C. D. E. F. G. H. lOA Council Bill 1255 - Ordinance prohibiting unlawful prosti- tution procurement activities. lOB Council Bill 1256 Ordinance prohibiting loitering to solicit prostitution. 10C 10D Council Bill 1257 - Resolution entering into contract with City/County Insurance services for membership in insurance pool. Council Bill 1258 - Resolution authorizing stop signs on King Way at Umpqua & Vanderbeck at Astor. lOE Council Bill 1259 - Resolution accepting strom drainage ease- ment through Southern Pacific Railroad property. 10F lOG 10H OLCC Recommendation: Grant Street Market. Bid Award: Concrete Saw. 11. APPROVAL OF ClAIMS 12. PUBLIC COMMENT 13. NEW BUSINESS 14. SITE PLAN ACfIONS 15. STAFF REPORTS A. Community Development Activity Reports. 15A B Mobile Home Legilsation Impact (Information in separate packet) C. Budget Status of part-time Code Enforcement Officer. D. Patenting of Wastewater Treatment Process. 15D 16. MAYOR AND COUNCIL REPORTS 17. ADJOURNMENT Page 2 _ Agenda, Woodburn City Council of November 7, 1990. ~,.,..~ 31/ COUNCIL WORKSHOP MEETING MINUfES October 15, 1990 TAPE READING 0145 DATE. COUNCIL CHAMBERS, crry lWL, crry OF WOODBURN, COUNlY OF MARION, Sf ATE OF OREGON, OCTOBER 15, 1990. 0155 CONVENED. The Council met in a workshop session at 7:00 p.m. with Mayor Kirksey presiding. 0160 ROIl. CAlL . 'S ; . Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Hagenauer Jennings Kyser Minard Sifuentez Steen Present Absent Present Present Present Present Present Staff Present: City Administrator Quinn, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Park & Recreation Director Holly, Deputy Recorder Tennant . 0180 The purpose of the workshop was to address concerns of local residents and business owners regarding the problems in the downtown area. Mayor Kirksey read a memo from City Administrator Quinn outlining some of the efforts made to revitalize the downtown area, however, problems relating to the to the social environment still need to be addressed collectively by the staff and community. 0262 Rick Ostrom, owner of Woodburn Pharmacy, expressed his concerns regarding the problems of drug abuse, prostitution, and litter near the Hayes St./First Street intersection. He requested that the Police Department concentrate their efforts in the downtown area and the Council pass ordinances to deter the illegal activity currently taking place. Marshall Serna, member of the COPS program, stated that physical presence in the downtown area will help to move those individuals who are creating the problems to other locations. He suggested citizen involvement to help the Police Department rather than relying on the police to do all of the work. Janie Schielder, owner of Horne Plate Market, suggested that an ordinance be adopted to keep prostitutes and drug abusers off the streets. Page 1 - Council Workshop Meeting Minutes, October 15, 1990 ,.. 31 COUNCIL WORKSHOP MEETING MINUTES October 15, 1990 TAPE READING Fred Bustamante, 1621 West Hayes, stated that his main concern is the prostitution problem in the downtown area. Bill Costine, 1740 Rainier Rd., stated that, in his opinion, the business owners are being harassed and the Police Department should take necessary action to enforce the laws rather than involving civilians. Frances Alvarado, interpreter for Jose Delgado of 903 N. Front Street, stated that a", shooting incident at his home this last weekend has made him more concerned . > , about the safety of his family and the need to solve gang related problems. Rosemary Hammack, night shift employee at Gary's- Market, stated that conditions experienced in the downtown area are extending to other locations within the City. She has also observed a large number of kids walking the streets in the late evening hours. She expressed her opinion that the Police Department was doing a good job considering the number of officers on-duty during each shift and the calls for service. Ruth Wells, whose residence is near 3rd and Garfield Street, made the following suggestions: . 1) within two weeks, the Council appoint a committee of city officials and citizens to address the concerns of the community; 2) within one month, the Police Chief and City Attorney research the City of Portland's solution to the same types of problems; 3) the staff find a solution to the loitering problem in the downtown area and city parks; and 4) convene the committee and set priorities for solving the problems. Irv Canfield, 205 E. Lincoln, recommended that citizens get involved to help the Police Department by (1) instituting a neighborhood/business watch program and (2) illuminating their yards and businesses to discourage strangers from hanging around. Al Nunez, Executive Director of Salud, stated that the problems in the downtown area are behavioral in nature and he resented any racial comments that had been made by the previous speaker. Carlos Nunez, 583 W. Hayes, agreed with Mr. Nunez citing the fact that the prostitutes are generally white females. Rosemary Bustamante, employee at Woodburn Pharmacy, stated that she was afraid to be out in the downtown area by herself. She also stated that it is also hard for some hispanics, like herself, to be stereotyped with those individuals that are creating the problems. Page 2 - Council Workshop Meeting Minutes, October 15, 1990 ~ 31/ COUNCIL WORKSHOP MEETING MINUTES October 15, 1990 TAPE READING Greg Senner, 1030 McKinley Street, suggested a neighborhood watch group concept for the downtown area. He stated that his neighborhood had fonned such a group and, with the help of the Police Department, were able to get rid of the drug problem in their area. Frances Alvarado, Oregon Human Development Corp., stated that the downtown area needs trash cans to help eliminate some of the garbage problems. She also " , suggested that downtown business owners and employees make themselves visible' . by walking the in the area on a regular basis. Jose Castro, owner of Solo Special Edition, expressed his opinion that there are a group of problems to solve which requires participation by City officials and concerned citizens. Antonio Fernandez stated that he felt the Council leadership had not been as enforceable as what it should be to curtail the activities currently taking place in the downtown area. Mike Harmel, owner of Roy's Bike Shop, expressed concern regarding the potential opening of grocery store on Grant Street at which alcoholic beverages may be sold. In addition, he suggested that the City also monitor the activities occurring in the public parking lot west of the Post Office before it becomes a problem area. Tim Horine, employee of Flomer's Furniture, suggested that concerned citizens frequent local businesses in the downtown area and that trash receptacles be placed in the downtown core area. Susan Packer encouraged concerned citizens to organize a neighborhood watch program for the downtown area. Lee Ehrens, 85 N. Workman Dr., suggested that (1) trash receptacles be installed, (2) concentrate on solving the problems associated with illegal activities in the downtown area, and (3) collectively, the Police Dept. and community work together in trying to solve the loitering problem in the downtown area. Jeff Hunt, 417 N. Second, expressed concern over the large number of individuals living in one household that are not related. He requested that the Council take whatever action is necessary to prohibit landlords from either allowing or encouraging this type of housing situation. Page 3 - Council Workshop Meeting Minutes, October 15, 1990 ~ ~t1 COUNCIL WORKSHOP MEETING MINUTES October 15, 1990 TAPE READING 2167 Pablo Quines stated that the youth have few activities to participate in locally, therefore, the City has gang problems which need to be addressed. He stated that he would be willing to volunteer his time on a committee to work with the youth. Dalia Lopez, Oregon Human Development, expressed concern regarding the current housing problem in Woodburn since landlords have been turning down hardworking homeless families because of the fear that more families would move into the same household. ... ~ ... Sandy Brentano, 10749 Crosby Rd., suggested that the community work together to show the individuals who loiter in the downtown area that they are not afraid of them. ~ Dave Higginbotham, 411 Bradley St., suggested that a behavioral problem exists in which some laws would help but there is still a need to set an example. He stated that he had read an article which stated that some cities use a loud speaker system _ to play easy listening music. Individuals who prefer not to listen to this music will not stay in the area, therefore, reducing the loitering problem. Jilda Ballweber, 395 Smith Dr., questioned the staff as to what extent the citizens can help to eliminate the existing problems. A lengthy discussion was held between members of the audience and Police Chief Wright as to how citizens can become involved and the importance of following through with the legal requirements when complaints are filed. Tape 2 He also answered questions regarding the jail system and the decriminalization of a large number of criminal offenses to violations. Following this discussion, Mayor Kirksey stated that the Council would be taking their concerns under advisement immediately and some action would be taken by the Council at their next regular meeting. She also felt that the appointment of a committee would be done as soon as possible and encouraged concemed citizens to sign-up on the list being circulated within the audience. 1183 ADJOURNMENf. The meeting adjourned at 9:08 p.m.. APPROVED Nancy A. Kirksey, Mayor ArrEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 4 - Council Workshop Meeting Minutes, October 15, 1990 3A COUNm MEETING MINUfES October 22, 1990 TAPE READING 0001 DATE. COUNm OIAMBERS, crIY lWL, crIY OF WOODBURN, COUNlY OF MARION, Sf ATE OF OREGON, OCTOBER 22, 1990. 0003 CONVENED. The Council met in regular session at 7:30 p.rn. with Mayor Kirksey presiding. 0012 ROIL CAlL. Mayor Kirksey Present .. ..~ '" Councilor Hagenauer Present Councilor Jennings Present Councilor Kyser Present Councilor Minard Present Councilor Sifuentez Absent Councilor Steen Absent Staff Present: City Administrator Quinn, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Library Director Sprauer, Deputy Recorder Tennant 0020 MINUfES. JENNINGS/MINARD.... approve the Council minutes of October 8 and 15, 1990; accept the Planning Commission minutes of October 11, 1990 and the Downtown Association minutes of September 11, 18, 24, and October 2 and 9, 1990. The motion passed unanimously. 0034 Mayor Kirksey reminded the Council that League of Oregon Cities registration fonns need to be submitted to the Administrator's office by October 26th. , Since the next regular Council meeting is scheduled for November 12th (Veteran's holiday), it was the consensus of the Council to hold a special meeting on November 7, 1990, at 7:30 p.m.. Administrator Quinn also informed the Council that the Factfinder's report regarding AFSCME labor negotiations will be received by the City within the next few days. As required by law, both parties must either accept or reject the factfinder's report within 5 working days of receipt of the report. It was the consensus of the Council to hold a special meeting on October 29, 1990 at 7:30 p.m. to review the report. Page 1 - Council Meeting Minutes, October 22, 1990 .31/ COUNCIL MEETING MINUfES October 22, 1990 TAPE READING 0155 PROCLAMATION - RED RIBBON WEEK. Mayor Kirksey read a proclamation declaring October 20-28, 1990 as Red Ribbon Week within the City to encourage citizens to participate in drug prevention education activities. 0230 APPOINTMENI OF STEERING COMMITfEE RE: DOWNTOWN CONCERNS. Mayor Kirksey appointed the following individuals to serve on the steering committee: Carlos Nunez, Kathy Figley, Jose Castro, Dahlia Lopez, Jilda Ballwebe!,. ': . Jeff & Mary Beth Hunt, Susan Packer, Rick Ostrom, Lucien Klien, Marshall Serna, .' and Susan Fofana-Dura. She requested that the committee meet to establisl1 goals and the committee contact all individuals interested in helping to solve problems in the downtown area. She emphasized the need for a unified effort of City officials, Police Department, and concerned citizens. 0325 JENNINGSIHAGENAUER.... suspend Council rules and agenda item 7 (Business from the public) be next on the agenda. The motion passed unanimously. 0340 Jilda Ballweber, member of Downtown Steering Committee, requested that the Council send a letter to the U.S. Post Office requesting them to trim the bushes on the south side of the Woodburn Post Office immediately. Community Development Director Goeckritz stated that the Code Enforcement Officer has notified the U.S. Post Office that they have until October 28th to either remove or trim the bushes. 0429 Marshall Serna, representing the COPS program, encouraged the Council to keep the police patrol active in the downtown area as much as possible. 0502 COUNCIL BILL 1254 - RESOLUfiON AunIORIZING INTERFUND BORROWING TO SUPPORT CASH FLOW TO WASTEWATER TREATMENT PLANr FUND. Council Bil11254 was introduced by Kyser. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1254 passed unanimously. Mayor Kirksey declared the bill duly passed. 0542 ACCEPTANCE OF EASEMENTS - DAVIDSON FARMS. me AND OREGON PACIFIC DISfRlCf CHURCH OF TIlE NAZARENE. The staff recommended the acceptance of the utility easements on the 100 acre site west of 1-5 interchange. JENNINGS/KYSER... accept the utility easement as recommended. The motion passed unanimously. Page 2 - Council Meeting Minutes, October 22, 1990 - .3A COUNCIL MEETING MINUTES October 22, 1990 TAPE READING 0560 WATER SERVICE EXfENSlON TO NAZARENE CHURCH AND ACCEPTANCE OF EASEMENT. The staff recommended that water service be extended to the Nazarene Church which is located outside of the city limits and to accept the 20 foot storm drain utility easement with the conditions outlined in the letter from the Church. The water connection fees and meter installation charges for the church will be paid by Hardware Wholesalers, Inc.. MINARD/JENNINGS.... accept the 20 foot easement as recommended by staff. The -, " motion passed unanimously. ..... 0567 CAPITAL IMPROVEMENT PROJECf ADJUSfMENT - EXTENSION OF FRONT STREET RESURFACING PROJECf. The staff recommended the extension of the resurfacing project from Harrison to Hardcastle Ave. for an estimated cost of $12,000.00. The contractor has agreed to extend the boundary based on the same unit price as the original bid price for Cleveland St. to Harrison Street. JENNINGS/MINARD... accept the staff recommendation and extend the resurfacing project boundary from Harrison St. to Hardcastle Ave. The motion passed unanimously. 0589 SITE PLAN REVIEW - HARDWARE WHOLESALERS. INC. CHWO. No action was taken by the Council on the site plan. 0603 Administrator Quinn advised the Council that the City has received notification from the State authorizing the City to sell the Grace Village property. The staff will be in contact with Attorney Stiles to proceed with the sale of the property. 0640 Chief Wright provided the Council with an informational memo regarding the review of three businesses within the City (The New Woodbumer, Pub 99, and La Linda's) that were under a OLCC compliance review plan. No action was taken by the Council. 0650 Councilor Kyser suggested that the tax base flyers be delivered between October 27th and November 1st. 0727 Councilor Hagenauer questioned the status of the home located at 867 Front Street which has been tagged by the Community Development Department. Director Goeckrltz stated that he would check with his staff on the status of the situation. 0778 Councilor Minard questioned if the City had sufficient funds available to continue the part-time code enforcement officer's position until December 31, 1990. Page 3 - Council Meeting Minutes, October 22, 1990 .311 COUNCIL MEETING MINUfES October 22, 1990 TAPE READING Community Development Director Goeckritz stated that the part -time officer is working on his own in the evening hours and is trained in all areas of code enforcement. However, his work load has been mainly in the areas of abatements and park security. 1008 Councilor Jennings suggested that the street sweeping in the downtown core area be done more often than once a week to help clean-up the area. He also questioned the cost of installing trash receptacles in the downtown business area. Discussion was held regarding trash receptacles and the on-going maintenance costs. .. ".: ~~ 1244 Mayor Kirksey requested the Park Department to finish the City Hall landscape project near the Second St./Montgomery St intersection. 1300 Councilor ,Minard questioned if the property in the open area on Hardcastle near Gatch could be deeded to the property owner since the City is unable to maintain the property on a regular basis. Some discussion was held regarding deeding the property versus an easement since the property in question is part of the Wyfel Park dedication. 1364 Councilor Jennings requested that Christmas lights be placed on the evergreen tree at City Hall this year. 1396 ADJOURNME.NT. The meeting adjourned at 8:18 p.rn.. APPROVED Nancy A. Kirksey, Mayor ATfEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, October 22, 1990 3A COUNCIL MEETING MINUfES October 29, 1990 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CflY HALL, CflY OF WOODBURN, COUNlY OF MARION, Sf ATE OF OREGON, ocrOBER 29, 1990. 0003 CONVENED. The Council met in special session at 7:30 p.rn. with Mayor Kirksey presiding. The purpose of the meeting was to call an executive session to discuss the Factfinder's report relating to AFSCME negotiations. 0012 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Hagenauer Jennings Kyser Minard Sifuentez Steen Present Present Present Present Present Absent Present Staff Present: City Administrator Quinn, Deputy Recorder Tennant City's Labor Consultant Don Scott I 0023 JENNINGS/MINARD.... convene into executive session as allowed under ORS 192.660 (l)(d). EXECUTIVE SESSION. The Council met in executive session at 7:33 p.rn.. Don Scott reviewed the Factfinder's report which requires either an acceptance or rejection by the Council. Following Council discussion on the report, the executive session was adjourned at 8:04 p.rn.. 0039 The special meeting reconvened at 8:05 p.rn.. KYSER/JENNINGS..... accept the Factfinder's report relating to labor negotiations between the City and AFSCME. The motion passed unanimously. 0050 ADJOURNMHNT. The special meeting adjourned at 8:08 p.rn.. APPROVED Nancy A. Kirksey, Mayor Page 1 - Council Meeting Minutes, October 29, 1990 ~ :38 WOODBURN OOWNTOWN ASSOCIATION MEEI'ING-OarOBER 16, 1990 I. CALL TO ORDER Rick called the meeting to order at 7145 AM. II. ATTENDANCE Present were: Rick Ostrom Chuck 'Raekleff Ruth Evans Bob Sigloh Dave Getman Vance Yoder Don Eubank Lucien Klein III. TREASURER'S REFORI' NONE IV. WDA BUSINESS Bob led discussion on the litter problem that was brought up at the Com- munity Meeting last night. A pressure washer bought by WDA and available for use by Downtown Merchants was a suggestion. The crime watch number was explained and possib~e abuse noted. Don explained the 911 number delay and the problem the police have in re- sponse time to a call. He also explained that an Officer is being dis- patched while questions are being asked. Rick assured us that he was going to keep up the pressure to get the pimps, the whores and drug pushers off the streets. Don explained the Parking Lot problem West of the Post Office and chains closing the lot at night. Don stated that the Police Dept. is doing something; but they need help by input from citizens as was done last night. Rick asked about using a dog to patrol the Downtown Area. Discussion fol- lowed explaining cost and good points. The Curfew of minors was discussed and Don explained possibilities. Dave reminded that HOPE meets every other Tuesday at 8100 AM at the Chalet Restuarant. Lucien will call a meeting by the Parking Lot Committee to discuss the Parking Lot problems West of the Post Office. Don asked to be notified. V. ADJOURNMENT Rick closed the meeting at 8:45 AM. 1/) . " az.-i.f~ W. Vance Yo ~J?;- WOODBURN DOWNTOWN ASSOCIATION MEEI'ING-OC"l'. 23, 1990 I. CALL TO ORDER Meeting was called to order by Rick Ostrom at 7:35 AM. II. ATTENDANCE Present were: Rick Ostrom Lucien Klein Jose Castro Vance Yoder Dick Raeklef'f' Ken Wright Bob Sigloh Ruth Evans Don Eubank Claudia James III. TREASURER'S REPORT Claudia reported $39. in Checking and $1867.]4 in Savings. IV. WDA BUSINESS Rick announced that the Council appointed a Steering Committee to lead a "Woodburn Comeback". Next Tues. at 8.00 PM at City Hall will be the f'irst meeting. Ruth Wells is the Committee Chairperson and announced a 2 hour limit on the meetings. Rick also reported customers pleasure and appreciation f'or f'eeling good and saf'e about walking Downtown. Rick reported a parking problem on Front St. and that the original parking plan is being petitioned f'or change. His f'ear is the loss of' parking space across the street. Ken explained the "Jay Walking" ordinance in Woodburn. If' one walks care- fully straight across the street it is not "Jay Walking". Lucien is calling a Parking Lot Committee meeting Wednesday Noon at the Club Gaf'e to deal with parking lot West of' the Post Of'f'ice. Bob asked about the Savings Account being placed where it would earn more interest. Bob moved that $1000. be transf'erred to the best deal. Lucien seconded and the motioned passed. Rick announced a "Weiner Roast" at the Parking Lot, Thurs. night, at 6:00 PM. Vance suggested a visit to the Museum Theater f'or a patriotic movie presented by Gene Stoller. Bob volunteered to be on a sub-committee to work on clean-up problems ii1 Woodburn. Bob brought up the purchase of a steam cleaner and Rick suggested contact- ing Murry Conklin, the local steam cleaner f'or a good price to Merchants in the Downtown Area. The Downtown Association goes on record of opposing any change in the reco- mmendation of the Parking Committee. V. ADJOURNMENT Rick closed the meeting at 8:35 PM. ---/1 ;/ "/ / /--:' / ~t:I[Z[C~ /_~;;?0~ / W. Vance Yode - Secretary If/} MEMO TO: MAYOR AND CITY COUNCIL FROM: MICHAEL QUINN, CITY ADMINISTRATOR DATE: NOVEMBER 1, 1990 SUBJECT: COUNCIL CONSENT FOR APPOINTMENT Per Chapter V, Section 21 (c)(3) of the City Charter, the City Administrator shall appoint ... the Finance Director, but with the consent of the City Council. I hereby submit Nancy' . Gritta for this position appointment. Her qualifications summary is as follows: Education: MBA, University of Santa Clara, Accounting - Finance MA, Indiana University, Sociology - Psychology BA, Indiana University, Sociology - Journalism CPA Examination, 1982 Experience: 1988 - 90 Corporate Accountant, Legacy Health System {Emanuel Hospital 1986 - 88 Fiscal Director, Burnside Projects, Inc. 1980 - 83 Asst. Professor - Accounting, George Fox College Prior experience in accounting, data processing, and college instruction. I believe Ms. Gritta to possess the technical expertise and management skills to contribute to a solid financial management position for the City of Woodburn. I have offered her the position at Step B of the scale for the first 6 months which is well within our budget for the position. She currently resides in Beaverton and is looking forward to joining our management team. Her employment is effective November 1 st. /tJlI MEMO TO: FROM: MAYOR AND CITY COUNCIL DATE: MICHAEL QUINN, CITY ADMINISTRATOR NOVEMBER 2, 1990 SUBJECT; CABLE TV LOCAL ACCESS At the October 8th Council meeting, Hope Jentis addressed the City Council regarding concerns about the quality and availability of local access programming and equipment associated with our cable tv franchise. Our franchise agreement expires in 1992 with Northland Cable and it is advantageous to negotiate new conditions during the next year with the company. While concentrating on the local access issue separate from program- ~, selection, rates, construction, and other concerns; I have had ~ couple of meetings with representatives from Northland Cable, the School District, Hope Jentis, and Jose Castro. It was determined that there was a great potential for local access programming, especially for educational programs; but there was a difference in perception about the available interest and resources. The general consensus in early spring was that the School District would pursue educational programming with Northland Cable TV and that the City would convene the Cable Advisory Committee to work on renewing the franchise agreement. While Ordinance 1816 provides for such a committee, it has for practical purposes been non-functioning and is in need of reappointment now that the franchise is coming close for renewal. To assist the Council in understanding the concerns expressed by Hope Jentis at the October 8th meeting, I submit the following: 1. Pete Gregorieff, manager of Northland Cable TV, will be present to respond to the concerns raised by Hope Jentis and answer questions as necessary. 2. The following attachments are provided: a. Ordinance 1766, Woodburn Cable Communications, excerpts of Section 20 concerning local access requirements. b. Ordinance 1816 creating the Cable Advisory Board along with 1983 membership. c. 10/8/90 statement by Hope Jentis. d. 2/16/90 response from Northland Cable TV to initial questions regarding construction and local access. RECOMMENDATION: The Council receive comments from Pete Gregorieff and consider the reappointment and reinstitution of the Cable Advisory Board to address any appropriate concerns you deem necessary as well as initiate franchise review concerns. / 'i> .~~ (f) No rate /' among subscri bers, but ./ subscribers. /0/7 . established shall afford any undue preference or advantage separate rates may be established for separate classes of Section 20. Local Origination and Access. . ..., ( ) ~r 01,r1J'1:['. !~..,.' ../ (a) Grantee shall provide and maintain at least one Local Origination and Access Studio within the service area. Location of the studio to be approved by the Councilor its designated representative. (b) Grantee shall provide, install and maintain a Local Origination and Access Audio/Video System at their Local Origination and Access Studio. The System shall contain a complement of compatible equipment as specified in the franchise ordinance all of which will be of broadcast or top level industrial qual ity. (c) The Grantee shall make the portable audio/video equipment avai1aQ1~, for use by residents in accordance with a Grantee developed and City approved studio and equipment operations/usage plan, provided the following: (1) Grantee may charge a fee and/br deposit for the use and' safe return of said equipment. (2) The user shall be responsible to the Grantee for any loss of or damage to said equipment. (3) Said equipment shall be available to residents on a "check-out I. basis, and Grantee shall be given reasonable notice by a resident who wishes to use said equipment. (4) Residents may not use the equipment for longer than a reason- able period of time, nor more frequently than is reasonable. - (5) Grantee may deny use of said equipment to any resident who, in the judgment of Grantee, is not competent in the care of said equipment. (6) Grantee shall hold harmless the City from any damages resulting from the use of local Origination and Access Studio and portable equipment. (d) If the Grantee provides a color production van for remote public access productions and locally-originated programming, the van should be a fully equipped, multiple-camera, color production van with switches, special effects editing and audio origination capability. It should have complete videotape recording (VIR) equipment for editing and later playback of programs, . and can be linked for live origination to the system head-end or network distribution center by two-way cable throughout the Granteels service area. Portable micro-wave equipment should be provided to link the production van to the system where cable inter-connections are not available. The head-end or network distribution center should be equipped with an omni-directional micro-wave receive antenna to afford reception of the production van micro-wave signal from virtually any line -of-sight location within a 20-mile radius. Page 23- COUNCIL BILL NO. 652 ORDINANCE NO. 1766 I /011 (e) Grantee1s production capability will be supplemented by a minimum of two portapak cameras and two 3/4" portable video recorders. (f) Grantee shall provide community access channels for use by City residents~ including a channel for Government access, a channel for primary and secondary school access use, a channel for access use by colleges, a channel for community access on a first come, first serve basis, and a channel for leased access untilthere is demand for full channel-time use, such may be com- bined on one or more channels. Additional access channels will be activated when any of the channels stipulated are in use during 80% of the weekdays (Monday through Friday) for 80% of the time during any consecutive three (3) hour period for (6) consecutive weeks. (g) Grantee will actively promote production assistance to facilitate use of these community access channels. Grantee shall maintain suf.ficient ~ , dedicated studio staff to fully support active local origination and access acttvities. The staff, upon reasonable notice, shall provide traini~g and technical assistance in the use of the studio and portable equipment. This training and assistance shall, at a minimum, be available at the local origination and access studio and made availablE upon request at public schools. (h) Grantee shall maintain all studio equipment, including portable equipment, in a fully operational status on a continuous basis, and to technic< standards requisit for quality performance. When any equipment is removed for maintenar it will be replaced by like-type equipment of equivalent performance. Section 21. Emergency Alert - Audio/Video Override The Grantee shall design and construct the cable communications system to provide for a restricted audio and video simultaneous override of all video channels during emergencies, with override to be placed under City control. Video override to include a character generator capability for delivery of emergency messages to the communicatively handicapped. The audio override shall include a squeal alert tone to precede the verbal and video messages. The design of the Emergency Alert system is to be submitted to the City Administrator for approval prior to construction. Section 22. Safety Requirements A Grantee shall, at all times: (a) Install and maintain its wires, cables, fixtures and other equipment in accordance withthe requirements of the City Building Code, and in such manner that they will not interfere with any installations of the City. (b) Keep a'nd maintain in a safe, suitable, substantial condition, and in good order and repair, all its structures, lines, equipment, and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the ( City wherever situated or located. ' . Page 24- COUNCIL BILL NO. 652 ORDINANCE NO. 1766 . loll COUNCIL BILL ORDINANCE NO 714 -1lli AN ORDINANCE CREATING A CABLE TELEVISION ADVISORY BOARD, DEFINING ITS DUTIES AND RESPONSIBILITIES. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose. The Woodburn Cable Television Advisory Board is hereby created to advise and make recommendations to the City Administrator and when appropriate, the Mayor and City Council, on matters pertaining to the operation of the Cable . . . Television System in the City of Woodburn. Section 2. Board Membership. The Bpard shall consist of seven (7) members, appointed by the Mayor with the approval of the City Council, and from resident voters of the City. Members shall serve without pay. Terms of office shall be three years from the date of appointment. Appointments shall be made an- nually upon the expiration or other determination of the members term of office. Terms of office shall begin the first year, with three 'members who will serve for the period of one year, two who shall serve for the period of two years and two who shall serve for the period of three years from the date of their appoint- ment. Each member of the Board serves at the pleasure of the Mayor and City Council and may be removed prior to expiration of their terms without cause or hearing. Members may be removed by the Mayor, with the consent of the City Council. In addition to the appointed members, the Mayor and the City Administrator or his designee will serve as exofficio members. Section 3. Meetings. The Board shall meet at such times as the Board may determine are appropriate and necessary. All Board meetings shall be conducted in accordance with the bylaws of the organization, the provisions of this ordinance and with law. Section 4. Officers. The Cable Tel~vision Advisory Board shall, at its first annual meeting, elect a chairman, secretary and such other officers as the Board may deem appropriate. Officers shall have such duties and authority as the Board shall establish, con- sistent with its bylaws, other provisions of this ordinance and with law. Section 5. Board Responsibilities. The Cable Television Advisory Board shall work directly with the Cable Franchise holder and have the responsibiltty for advising and making recommendations to the City Administrator or the designated staff liaison, and when appro- priate, to the Mayor and Council, on matters pertaining to the use of community access channels; to foster awareness of the community Page 1 - COUNCIL BILL NO. ,714 ORDINANCE NO. 1816 - loll access channel,s; to act as intermediary for the community with respect to all issues, concerns and needs of the community re- garding cable television; and to perform as a respondent to all grievances brought before the committee. Section 6. Rule~ and Regulations. The Cable Television Advisory Board shall advise and recommend to the Cable Franchise holder and when appropriate the City Administrator and the Mayor and Council reasonable rules and regulations governing the use and control of community access cable television channels in the City of Woodburn. Section 7. Internal Administration Policies and Procedures. The Cable Television Advisory Board shall operate in conforman~~~ with all city administrative procedures. .- Section 8. Annual Reports. The Cable Te'levision Advisory Board shall make a full and complete report to the City Council and make such other reports as may be required by the Mayor and Council. Approved as to form: '/7' ~'/~ /)~'~ City Attorney S-s-g:r Date \. ('~ \. __7::____ Approved: /,,' \:.,u<. '------- William J. Costine, Mayor Passed by the Council May 9. 1983 May 10, 1983 Ma y 10, 1 983 Hay 10, 1 983 Submitted to the Mayor Approved by the Mayor Filed in the Office of the Mayor ")J / ATTEST=/ i'/u,,' ,/"r-f. ( : ' ' Barney~. Burris, Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO 714 ORDINANCE NO. 1816 lOll MEMORAtJDUM: October 21, 1983 TO William Costine, Mayor FROM Catherine Myers, City Councilor Walt Nichols, City Councilor SUBJECT: Woodburn Cable Advisory Committee/Candidate Appointment ... '";., The Woodburn Cable Advisory Board was establishe~_by City Council ORD. 1766, in May of 1983. Candidates for appointment to the seven member Board were preliminarily screened during late summer following staff work to specify Rolls and Responsibilities and Bylaws for operation of the Board. Final interviews for the seven vacant Board seats were held on Thursday evening, October 20. Based upon the candidate interviews it is our recommendation that the following individuals be appointed to terms on the Woodburn Cable Advisory Board: Carol ~obeson 3 year term Howard Young 3 year term Maria Rodrizuez 2 year term Hope Jentis 2 year term Jim Dawson 1 year term It is our recommendation that these five persons be appointed to the Board immediately and that their terms be fixed for the period established. The term of appointments should commence on January 1, 1984, as in the case with all appointments to City Boards and Commissions. It is further our recommendation that the Board convene its first meeting on November 16, 1983 and take as one of its first orders of business the interview of candidates for appointment to the remaining two Board positions. Upon completion of interviews, the Board will forward recommendations to the Mayor and Council for consideration. Thank you. SR: CM: WtJ/swp /~J~ c~ , ., /'" . '. ' I L'! u / .' ,.; -, L"" f/ o'n -:s':c,... 'I I ~ ; o/l ("v- "'"'r- My goal in producing local access television in Woodburn has been to promote the positive aspects of our community. I have worked long and hard to try to accomplish this, even to the extent of purchasing my own video equipment because no quality equipment was available for local access in Woodburn. This included the purchase of industrial quality editing equipment, at considerable personal cost. However, the fact that I have my own equipment to use does not provide local access capability to the schools, local government, and the' community at large, even though I have been available as much as possible on a volunteer basis. I'm sure that if the above-designated facilities and equipment were available, many other community groups would make use of it for local access programming. . . < In discussions with Keith Robinson last week, he advised me that he has spoken with Pete Gregorieff, ~ahd the District is negotiating with Northland to have an educational channel originate from the School District Office, provided the school district contributes financially. Mr. Gregorieff has,told me that this channel would be the only local access channel available on the air in Woodburn. If this is the case, the studio they are planning to construct in the School District office would have to be made available to the general public to qualify as local access. I'm sure that this would pose some significant problems for the school district, as well as for local access producers such as myself. How would we have access to a studio on school property? And even if it were accessible to the general public, why should school funds be used to provide services that the cable franchise holder is clearly responsible for providing? I certainly hope so that quality provided for in promote Woodburn that the Council is able to resolve these issues local access equipment is made available, as Council Bill No. 652, and we can continue to as a good place to live, work and do business. n I J-- I 1-/".. /.)/'"'._ k N 7 IS r\ EG 0 -lZc~ <- = IC-Y-C;O ~ ;OA STATEMENT BEFORE WOODBURN CITY COUNCIL 9/7/90 RE LOCAL ACCESS CABLE I recognize that I have approached City Council previously regarding money to support the local access programming in Woodburn. Perhaps that was not the correct procedure, but at the time I was not aware of Council Bill No. 652, Ordinance No. 1766, dated September 21, 1981. I became aware of this Council Bill through conversations with cable access station managers in other cities, who advised me that there had to be a Woodburn ordinance governing the franchise with the cable access provider. .. "';-.;0" I obtained a copy of Council Bill No. 652 several months ago, and spent several days reviewing the provisions in it which applied to local access (Section 20, pg. 23-24). I have discussed this ordinance with several people, including Mike Quinn, Keith Robinson, Pete Gregorieff (Northland Cable's Station Manager), station managers from Canby, Multnomah Cable Access, and Portland Cable Access. The local access section of Council Bill No. 652 provides, among other things, that: Section 20(b): "Grantee shall provide, install and maintain a Local Origination and Access Audio/video System at their Local origination and Access StudiO: (emphasis added). The System shall contain a complement of compatible equipment as specified in the franchise ordinance all of which will be of broadcast or top level industrial quality. (emphasis added). Section 20(e): "Grantee's production capability will be supplemented by a minimum of two portapack cameras and two 3/4" portable video recorders (emphasis added) . Section 20(g): "Grantee will actively promote production assistance to facilitate use of these community access channels. Grantee shall maintain sufficient, dedicated studio staff to fully support active local origination and access activities (emphasis added). Section 20(h): "Grantee shall maintain all studio equipment, including portable equipment, in a fully operational status on a continuous basis, and to technical standards requisite for quality performance. when any equipment is removed for maintenance, it will be replaced by like-type ....-.......-",..."..-",,--", .,.,.. ItJt1 equipment of equivalent performance. added) . (emphasis This Council Bill was signed over 9 years ago, and the franchise agreement is due for renewal in september of 1991. As of this date (October, 1990) none of the above provisions of this Council Bill have been honored by Northland Cable, in spite of my repeated requests over t~e last several years. In recent conversations with station Manager Pete Gregorieff, I was informed that unless the City was willing to return a portion of their franchise fees to promote local access, that Northland was not going to meet the provisions of this ordinance. However, in reviewing this Ordinance, I see nowhere that charges the City with this responsibility. While it is true that some municipalities return a percentage of the'ir franchise fees to local access support, it is by no means a requirement. On the contrary, it seems clear to me that the cable provider is the one who is totally responsible for honoring the provisions outlined above. - , . . . I have come before you tonight to bring this matter to Council's attention, since I have not been able to resolve these problems any other way and I felt Council should be aware of what was--or was not--going on with local access in Woodburn. Section 20(b): There is no "broadcast or top level industrial quality" equipment available at Northland Cable, and there is no actual access studio. Their "studio" is an empty room, with no professional lighting available. Section 20(e): Northland does not have ~ 3/4" equipment available, and only has one home video camcorder, which is neither industrial level nor broadcast quality. section 20(g): Northland is not actively promoting production assistance, nor do they maintain any staff available to assist local access programming. The entire staff of Northland Cable in Woodburn consists of Pete, who is in the office one day a week; Elsa, who is there from 8-5 Monday through Friday; Donna, who is now in Europe for three weeks; and two installers who are extremely backlogged. In fact, I have not been able to get anyone at Northland to so much as change a videotape in the deck (which, by the way, is not industrial standard) after 5 p.m. to facilitate shows airing on schedule. Furthermore, there is no staff to provide training or technical assistance for local access production. When community members have requested assistance from Northland, they have been referred to me. I am not employed by Northland Cable, and I should not be made responsible for updating information on the character generator, such as one running now which says that the Woodburn Public Library is closed on Saturday due to budget cuts! /011 Jti NORTHlAND COMMUNlalTIONS CORPO~TION -------.. -~-_.- -_.----------,-,--~-_._.._---_._--------_....~-~.__.._.-_._----_.-..---_._.~------ 1201 Third Avenue, Suite 3600 Seattle, Washington 98101 (206) 621-1351 February 16, 1990 Mr. Michael Quinn City Administrator City of Woodburn 270 Montgomery street Woodburn, OR 97071 Dear Mr. Quinn: As Divisional Vice President for Northland Communication Corpora- tion, with responsibility over the Woodburn system operations, Jim Penney has requested that I respond to your letter of January 12, 1990, which raised concerns in three areas of our system operations. Since Pete Gregorieff, System Manager in Woodburn, and I work closely together, I have discussed these issues with him. Pete has informed me that he is aware of two areas in the City that do not have cable television service. Aztec Drive is the first area. Originally, we served it with aerial plant, but when it was moved to underground, the contractor, despite our re- quests, failed to notify us of the open trenches, so we were un- able to replace the cable. The second area is Country Acres, a mobile home park with 33 lots and approximately 10 homes in the development. Both projects have been slated for construction in late 1991 or early 1992, with preliminary construction costs es- timated at $900 per customer, at today's prices for labor and material. To fully address this concern, we would like to know whether the City is aware of any other areas we are required to build. I appreciate that you are calling attention to the difference be- tween Northland and other nearby cable systems. Although it is inevitable that our service will be compared to that of other communities, it is important to understand that quality service is represented in many different ways. By offering the 12 chan- nel Economy Basic service, we provide customers with an oppor- tunity to purchase a lower-priced service whose future price will not be impacted by increases in programming costs. That was the basis for the recent programming changes we made to Economy Basic. Further, we have added TNT and Country Music Television NQRTHIAND COMMUNIOlTIONS CORPO~TION 10;-1 Quinn - 2 to the Premium Basic, and also added Nickelodeon this past week. This is but one aspect of our service, as I believe the quality of our pictures and our response to our customer1s service needs is reliable and dependent. In reviewing local origination and access, I have discussed witH Pete the level of demand he has receiyed from the public. Specifically, no party has made requests for equipment, access or channel use, except, of course, Hope Jentis and her show "What's Good in Woodburn." He has heard indirectly of outside discus- sion, but there have been no specific requests or direct com- munications to Pete. We have the studio, two cameras and two video recorders that are available for public use. In addition, there are many cases where we provide assistance in training and educational transmissions, as well as local programming. Over- all, I agree that the City and the School District could benefit greatly from this programming, and I believe now is the time to meet to address further these important community needs. I hope this response assists in answering your concerns. Please call me at 206-621-0314 or Pete Gregorieff in our Woodburn office at 503-982-6073 if you wish to discuss these or other issues fur- ther, or we would be pleased to personally meet with you. Sincerely ~ C.:14J--- Steve C. Friedman Divisional Vice President cc: James A. Penney Pete Gregorieff 1781.sm 1201 Third Avenue, Suite 3600 . Seattle, Washington 98101 . (206) 621-1351 ;0 I~ / 0 c.., MEMORANDUM TO: MAYOR AND CITY COUNCIL THROUGH CITY ADMINISTRATOR FROM: KEN WRIGHT, CHIEF OF POLICE N. ROBERT SHIELDS, CITY ATTORNEY DATE: November 1, 1990 RE: ADDITIONAL ORDINANCES PROHIBITING PROSTITUTION RELATED ACTIVITY ************************************************** The City Council and a large number of Woodburn residents have become increasingly concerned with illegal activity in downtown Woodburn. On October 22, 1990, the Council appointed a special committee which has named itself the Woodburn Comeback Campaign to study and make specific recommendations regarding this problem. As you are aware, numerous city ordinances already exist prohibiting certain criminal activities. To avoid city and personal liability, the Council is legally obligated to respect individual civil rights. Within these legal limits, however, city staff is constantly searching for additional ways to address the problem. Proposed Council Bills and are the product of extensive discussions with City of Portland law enforcement personnel. Portland currently has similar ordinances in effect. Woodburn police officials have met with Portland police concerning the enforcement aspects of the ordinances. Legal aspects of the ordinances have been discussed with the Portland City Attorney's office. Specifically, the proposed council bills prohibit certain prostitution related conduct. Since Oregon state law does not address this conduct, the ordinances are subject to possible legal and constitutional attacks. At present, however, the ordinances remain valid and are enforced in the city of Portland. RECOMMENDATION: These ordinances were discussed with the special committee and received their endorsement. We recommend that the Council adopt the proposed ordinances. cc: Woodburn Comeback Campaign ." 10l3. COUNCIL BlIL NO. /d S-S- ORDINANCE NO. AN ORDINANCE PROIDBITING UNIAWFULPR0SITIUI10NPROCUREMENT ACTIVITIES AND DECLARING AN EMERGENCY. THE CI1Y OF WOODBURN ORDIANS AS FOu.oWS: Section 1. Definitions. As used in this ordinance. "prostitution" means that unlawful conduct defined in ORS 167.007. As used in this ordinance:' prostitution procurement activitY' means any conduct by any person that constitutes a substantial step in furtherance of an act of prostitution. Such activity includes, but is not limited to, lingering in or near any street or public place, repeatedly circling an area in a motor vehicle or repeatedly beckoning to, contacting, or attempting to stop pedestrians or motor ." vehicle operators. . . . Section 2. Prostitution Procurement Activity. It. is unlawful for any person to engage in any prostitution procurement activity with an~ intent to induce, entice, solicit, procure, locate, or contact another person tCl> commit an act of prostitution. Section 3. Penalty. Violation of this ordinance is punishable, upon conviction, by a fine of not more than $500.00 or by imprisonment not exceeding six months. or both. However, no greater penalty shall be imposed than the penalty prescribed by Oregon statute for the same act or omission. Section 4. Emen!:ency Clause. 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 immediately upon passage by the Council and approval by the Mayor. Approved as to form: City Attorney Date Approved: Nancy A Kir~ey, Mayor Passed by the Councils Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder Attest: Mary Tennant, Deputy Recorder City of Woodburn Page 1 - COUNCIL BILL NO. / ~ S-~.- ORDINANCE NO. /() G COUNCIL BILL NO. /cJS(":' ORDINANCE NO. AN ORDINANCE PROIDBITING LOITERING TO SOUCIT PROSTITUTION AND DECLARING AN EMERGENCY. 1HE mY OF WOODBURN ORDAINS AS FOUDWS: SECITON 1. Definition of prostitution. As used in this ordinance, "prostitution" means engaging in, offering to engage in, or agreeing to engage in an act of sexual conduct or sexual contact as those terms are defined in ORS 167.002(4) and (5), with a person not married to the actor, in return for the payment of a fee. Section 2. Loitering to solicit prostitution l'rohibited. It is unlawful for any person to loiter in or near any street or public place in a manner and under circumstances. -;:' . manifesting the purpose of inducing, enticing, soliciting, or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested are that the person~l'epeatedly beckons to, stops or attempts to stop, or engages in conversation, male passersby or repeatedly stops or attempts to stop motor vehicle operators by hailing them or gesturing to them. Section 3. penalty for Violation. Violation of this ordinance is punishable, upon conviction, by a fine of not more than $500.00, or by imprisonment not exceeding six months, or both. However, no greater penalty shall be imposed than the penalty prescribed by Oregon statute for the same act or omission. Section 4. Emergency Clause. 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 immediately upon passage by the Council and approval by the Mayor. Approved as to form: City Attorney Date Approved: Nancy A. Kirksey, Mayors Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder Attest: Mary Tennant, Deputy Recorder City of Woodburn Page 1 - COUNCIL BILL NO. 1;2.. 5' Co ORDINANCE NO. ". /UL) COUNCIL BILL NO. /:l. 5 7 RESOLUTION NO. A RESOLUITON ENTERING INTO A CONfRACf wrrn CI1Y/COUNlY INSURANCE SERVICES TRUsr FOR MEMBERSHIP IN TIlE PROPERlY SELF-INSURANCE POOL. WHEREAS, the City/County Insurance Services Trust (CIS) offers pooled self- insurance offering cost stability and the potential for long-term savings; and WHEREAS, CIS is sponsored by the League of Oregon Cities and the Association of Oregon Counties as a service to Oregon cities and counties; and WHEREAS, the City of Woodburn finds that membership in CIS is of benefit ~ ' in managing the risks involved in providing services to its citi~ens; and WHEREAS, the City of Woodburn has been provided with an opportunity to review the Trust Agreement, Bylaws and Rules of CIS; and WHEREAS, the City of Woodburn has reviewed the Trust Agreement, Bylaws and Rules of CIS for compliance with the Charter and Ordinances of the City of Woodburn; now, therefore, TIlE Cl1Y OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City of Woodburn does hereby enter into a contract with CIS and becomes a member of the CIS Trost for Property for a three-year period commencing July 1, 1990 and agrees to abide by the terms of the Trust Agreement, Bylaws and Rules of CIS which, along with this Resolution, constitutes the contract between the City of Woodburn and CIS. The City Administrator is hereby authorized to execute such documents as are necessary pursu~anto .s Resolution. rn~ I 0 - z Cj - 1 :J Approved as to form: V I, City Attorney Date APPROVED NANCY A. KIRKSEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. / Dl 51 RESOLUTION NO. ) D&. MEMO TO: CITY ADMINISTRATOR FOR COUNCIL ACTION THROUGH: PUBLIC WORKS DIRECTOR ~' ~ FROM: JULIE MOORE, C.E. TECH III STOP SIGN REQUEST AT KING WAY AND UMPQUA ROAD SUBJECT: DATE: NOVEMBER 2, 1990 RECOMMENDATION: ., It is recommended that the City Council authorize the installation of STOP signs on King Way at the intersection of Umpqua Road and on Vanderbeck Lane at the intersection of Astor Way, by approving the attached resolution. BACKGROUND: A request was made by several residents in the area of King Way and Umpqua Road to have STOP signs installed at that intersection because of the increase in the number of near accidents due to added cross traffic since the construction of King Way from Umpqua to Heather Way. The fourth leg of the King Way/Umpqua Rd. intersection was recently completed by the construction of King Way to the east. With this addition, more traffic has been present at this intersection and the nearby residents have noticed several near accidents because King Way traffic doesn't slow down crossing Umpqua. In the Senior Estates area, usually the north-south streets have the through traffic. Along Umpqua, other cross streets, such as Jansen Way and Vanderbeck Lane, have STOP signs at them (see attached map). At the intersection of Vanderbeck Lane and Astor Way, the same situation occurs with Vanderbeck traffic crossing or turning onto Astor Way and not stopping. MUTCD states that STOP signs can be warranted where a less important road intersects with a main road and where the application of the normal right-of-way rule is unduly hazardous. Therefore, since the fourth leg of the King/Umpqua intersection has been completed and the north-south streets usually have the through traffic, which applies to Astor Way also, it is recommended that STOP signs be installed on King Way at the intersection of Umpqua Road and on Vanderbeck Lane at the intersection of Astor Way to improve traffic safety and establish right-of-way. r I {)E COUNCIL BILL NO. /.2 5 ~ RESOLUTION NO. A RESOLUTION DIRECTING THAT STOP SIGNS BE INSTALLED ON KING WAY AT THE INTERSECTION OF UMPQUA ROAD AND ON VANDERBECK LANE AT THE INTERSECTION OF ASTOR WAY. WHEREAS, ORS 487.890 grants to the City of Woodburn the authority to install stop signs at various locations within the City limits, and ....,;- ,;' WHEREAS, the City Council has received and considered 'the attached staff report recommending that stop signs be placed on King Way at the intersection of Umpqua Road and on Vanderbeck Lane at the intersection of Astor Way, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That stop signs be installed on King Way at the intersection of Umpqua Road and on Vanderbeck Lane at the intersection of Astor Way. Approved: Nancy A. Kirksey, Mayor Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 1:;59 RESOLUTION NO. 'Z L ~ ~ - If) l/) (\. Q.. r: ~ Q V) Z dl II ll.J ~ ILl ~ ~ l!J 0 ~ W ~ 0 o! -l L1l Q. .. . - o 0 0 0 . !. ... I> ~ ----'. """-7 '-- -'-. =.=- -- fOE:. 00000 o o 00000. OVOtl CI) UJUJ t-CI) <0: t-::> 000 lIJu 0:l.L. O...J HO z(!) UJ CI) o o >-...J t-...J HUJ r,3: AYM ~r--.. o 0 YI13HYO 1&J 0 > .... 0 a: Q 0 Q 0 OY1I' 0 z 0 CD 0 Q 0 ~ 0 H.L V3H J -~ 0 l- I-- () < 0 0 0 0 0 0 0 0 0 0 04- - '. AYM AYM 1::13 o o o o o 0 0 0 0 >- 0 o 0 ~ 0 N3SNVr CD z H 0 00 0 ~ o 0 o 0 o o 0 0 0 0 ... 000 1&J ~ ...J 0 0 0 0 0 0 0 0 0 0 . . 0 0 0 0 0 -0 0 0 0 0 0 0 o. 0 0 0 2 o t- o. ::I: ...c( :t . ~ Co) 1&J In ffi Q ~ > >- <( :Ie 0 0 0 c 0 0 0 0 ox~ Co) 1&J iii ~ . ~Q<;O""().H.L ~ o 000 o 000 -' '("9'/7 'tS 00000 o o 0 0 o 0 IOF COUNCIL BILL NO. 1:2 57 RESOLUTION NO. A RESOLUTION ACCEPTING AN EASEMENT ACROSS THE SOUTHERN PACIFIC RAILROAD TRACKS FOR A STORM DRAIN PIPE. WHEREAS, storm water problems exist for the properties located west of Highway 99E on the north and south sides of Highway 214; and WHEREAS, the property owners are responsible for the design and .. :: '" construction of storm drains, and WHEREAS, the City finds it useful to plan ahead and facilitate the resolution of storm water problems, and WHEREAS, the storm drain design work, done by a consulting engineer, identifies the location for a crossing of Southern Pacific Railroad tracks, and WHEREAS, if the easement work is done ahead of time, their time delay for construction can be avoided, WHEREAS, Southern Pacific Transportation Company has asked the City to send them a copy of the approved resolution with the easement documents, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City accept the easement for the storm drain across the Southern Pacific Railroad track. Page 1 - COUNCIL BILL No./.1S9 RESOLUTION NO. f /0;= Section 2. The City Council authorizes the payment of $460.00 for the processing of the easement document by Southern Pacific Railroad Company. Approved as to form: City Attorney Date APPROVED: NANCY A. KIRKSEY, MAYOR .. -. .. Passed by the Council Submitted by the Mayor Approved by the Mayor Filed in the Office of the Mayor Attest: Mary E. Tennant, Deputy Recorder Page 2 - COUNCIL BILL NO. 1:< 59 RESOLUTION NO. T Ilr; ~~. --1 ~ ""- ~ .A t: 2: ;::i ~ vfol~ .~CX) '........., - >- !: "! !~ .;r,. ). . .... ~ -~~'~ -,,- .~"'<. ~ "~ ~...' ~" ;0-" ~ - L~" ~ I i 1 '. / , '. -. ' ~ ~ ~.- ~ ot.... .... ~ ... . .#.. ~ Vj:jJ . ~ Ia. ~ I ot '6", ~-...t.~i ~ , ~ ",;N~~~~ ~ " )J r--, . ~~. ~ ,.: .' "~;. V-- f . ~ ~ f I :~" ~ iY~ /;~ > ~~c(\.. ~ l. 'iEI ~ V- ~ V""OV ~~ .' ~'t-. 6! II r-:. --.J ~~ :::::...::::: I '( -.&.-. ~,LEIrf fl' ~ f- 4--~ : ;=;:;$}LJ[] .\ __~ f- uff ~ .' ,l :~~~ i=~>- ~ ~ ... ""I...' r ~ b t-- 1-1 I'li~ l-...=T..... II I 'f--'I-;= . . I~ I '. ::':'~~I' I~'r . . ~., ~.' ,. i ef1t.;~~.LLf-- , ; ~: .::;;:- f- :. I G f 1-"':' " ,-:;;.C;T ~ - = Z z I "-:::\ .' .. -.J......... ~\ .. W'Q . " ..~.. ~ --", ~~. ", . 'L- W <(. f.- . /. Lr- 1 8 lOoil:>s"4... ~ ,. I::; -:-:-! en . Hf)/H ~~~+ .' ~ ~ . oc:( .:J . ">.<.~'" / ~ I'~ ~ v~~,-'Pl ~~~ r- '.J>;: J,~~ . 'fbJ' '. ~ ,<.Nx h: 'u::vxt: .. ';~ ~[~ ~x ~ . f~\'~^^~.~, Jk . . ~ ~'<i. { . ".. ". ~... ~ ~, ';(~.,. . -~ . ..0" . .~ -< ~ I ~ )-~ a: .' o z; ;:); o .: It. ~ u:t- %1 ... ~, 01 11:. c:> ~i I III 0:. ;:)' .1, . t I ]I w /I I - a I 0;::- ~ , ~ i , - ~ ( ( 0 :l ~ - 4;.;0 ~ lOG WOODBURN POLICE DEPARTMENT 270 Montgomery Street Woodburn, Oregon 97071 982-2345 Ken Wri ght__ Chief of Police 31, 1990 r~yor and Council ~n Wright, Chief of Police Liquor License Request - Grant St. Market WPD CR #90-5902 LOCATION: Grant St. Market 158 Grant Street Woodburn, Oregon 97071 Owner: Pena, Guadalupe Applicants: 1). 2) . Kim, Chang Tae Kim, Young Saeng 2303 S.E. 48th Avenue Portland, Oregon 97206 LICENSE TYPE: New Outlet - Package Store The Police Department received for investigation and recommendation a new outlet Package Store Liquor License. The current location is a grocery only store operated by Guadalupe Pena. She does not have nor has she requested a liquor license. Janie Schiedler at Home Plate, l~ blocks away, has the only package license in the downtown core area. The Department contacted all businesses in the adjacent blocks to allow public input. The response was generally negative, and/or no opinion. There is one church located at 275 W. Lincoln Street, 445 feet away from the proposed license. Upon contact, there was objection to the sale of alcoholic beverages. The Department contacted both Portland Police and Molalla Police regarding the applicants. There were no issues with either agency. The applicants are currently licensed to operate by Oregon Liquor Control Commission. Upon reviewing applicable laws relating to liquor control, I can find no reason to deny this applicant. The zone designation of the area is Historical and I have requested and attached a report from the City Planning Director. KLW/ils l' I / D {J MEMO FROM: Ken Wright, Police Chief Steve Goeckritz, Community Development DirectorS L C TO: SUBJECT: Beer and Wine Sales in the Downtown Historic District (DHD) DATE: October 31, 1990 In an earlier discussion you raised the question as to whether beer and wine sales could take place in the city's DHD zone. My response is a qu~lified yes. Specifically this zone district does not allow the establishment of such land uses as taverns, bars or pool halls. On the other hand grocery stores are a conditionally permitted use in the DHD zone. That does not mean however that zoning can dictate the type of products sold in that store. The sale of such items as alcoholic beverages come under the jurisdiction of the Oregon Uquor Commission control not the city's zoning ordinance. I hope this clarifies this issue. " i /0/1 MEMO FROM: City Council through City Administrator Public Works Program Manager I.Jf TO: SUBJECT: Purchase of Replacement Concrete Saw DATE: October 31, 1990 . . RECOMMENDATION: Approve bid award recommendation to be presented during the council meeting. BACKGROUND: The current concrete saw utilized by the Street and Water department for street cuts, curb cuts, sidewalk repair, and any other work requiring asphalt or concrete cutting is currently inoperative. The transmission that slowly moves the saw is broken. The saw was broke and repaired twice this past summer and the engine is, at best, in fair condition. We felt that after evaluating the saws condition, the best course of action would be to purchase a new saw with a slightly larger engine. We have advertised for the new saw and bids will be opened on Monday, November 5th at 2:00 p.m. The results of the bid opening will be presented to Council at the scheduled meeting Wednesday, November 7th. Funds will come from budgeted equipment replacement funds. j:T4 "" M E M 0 TO: commission and Administrator FROM: Code Enforcement Section, Planning City Council thru City SUBJECT: Monthly Report for october, 1990 DATE: October 31, 1990 This monthly report encompasses Code Enforcement activities from Oct. 1, 1990 to Oct. 30, 1990. Code Enforcement responded to or self 1nitiated 129 cases. There are 17 cases still under investigation. Under Investigation - these are violations that have to be cleared bf the court. They are an accumulation of previous monthly v1olations still under investiga~~on. ABATED I CASES CLEARED CITATION'S .. t :; 4 4 1 PUBLIC PROPERTY VIOLATION: These cases include storage of motor vehicle(s), boat(s), trailer(sl, abandoned autos, etc. on publ1C street or public property. Vehicle(s) were TOWED due to a violation on public streets or public property. PRIVATE PROPERTY ABATE NUISANCES: These cases include articles on private property labelled as junk, old cars, car parts, miscellaneous debris wood, ana tires. Any type of debris that lessens the aestfietics of the property. HEALTH HAZARD: These cases involved solid waste products (garbage) and other refuse which creates a public health hazard which produces habitat for rats. Also human defecation, and o~en septic tank(s) related to hous1ng problems. LAND USE VIOLATIONS: Cases involvin~ with zoning ordinance violat1ons such as, a 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. 46 41 o 2 17 10 o 37 30 1 CASE # ABATE PROBABLE CAUSE - PENALTIES CITATION PROCEDURES - /54 DEFINITIONS Addresses a particular problem that could be self initiated by a officer or called in by phone ei ther to the dispatch center or Ci ty Hall. The problem is then determined to be a violation (founded or unfounded). IF the problem is founded a Case # is assigned through the Dispatch Center. To put an end to or nullify a nuisance on private property. Due process of civil Law allows the alleged violator to remedy the violation prior to the next step which is Judicial Review. An Officer must determine that a violation is' ~ ' well founded. Due process,of law. Are addressed through- City Ordinances. Some Ordinances allow for~ different procedures. Obnoxious Vegetation #1822 allows for contract cutting of the violation, or a civil citation could be issued. In most cases, due to property owner{s) living outside city limit and living throughout the State contract cutting is used. As by law a citation must be issued in person not by mail. The Nuisance Ordinance { #1616) regarding abatement procedures on Private Property states no citation can be issued for the violation, only if the subject fails to remove the violation do civil Penal ties come into play. When Vehicles that are in violation that are parked on a public street or right-of-way, a non preference tow service is used in lieu of citation as vehicles are abandoned and owners of record are impossible to locate throughout the State. Again these procedures are set up by Administraeion Rules or by Ordinance not by Code Enforcement. These penalties procedure are very complicated and complexed. This format is defined by a Municipal Court Judge. The amount of schedule bail, the removal of any violation on private property or its contents is a Judge I s decision only. The forcible removal of any personal property on private property is the responsib1lity of the court system not a Code Enforcement Officer. Self compliance has been the precedent and rule established in Lieu of citation. / '5/1 MEMO TO: Planning Commission/City Council FROM: Code Enforcement Section/Michael Culver SUBJECT: Obnoxious Vegetation Violations - City Ordinance #1822 for 1990 DATE: October 29, 1990 This report encompasses Officer Culver's activities from (MAY 1 through SEPTEMBER 30, ". 1990). The Enforcement period of the Obnoxious Vegetation, City Ordinance #1822. 1990 1989 235 410 Lots mowed in City of Woodburn. 144 185 Cases involving owners of record who received certified letter. 76 95 Owners of involved violation live in city limit of Woodburn. 68 90 Owners of involved violations live outside city limits. Using the City's Grid Map violations are broken down as follows: GRID: 1 2 3 4 5 6 7 8 9 10 11 1990 2 27 0 6 67 78 17 0 2 8 20 Total 235 1989 4 28 10 10 70 80 25 30 3 20 130 Total 410 TOTAL: 29 - Cases were issued to Contractors for cutting. 10 - Cases void in final process of mowing. 19 - Total cases mowed by Contractor at a cost of $1020.00. , '. Decrease of 43% in violation notices sent to the public. Decrease of 12% in violation issued for contract cutting. SUMMARY: Statistics show a large improvement from the general property owners addressing their responsibilities and adding to the liveability goal and the aesthetic value of our community. /5D MEMO TO: The City Council through City Administrator FROM: Dean Morrison, P.E. and Frank TIWari, P.E. SUBJECT: Plan to Patent a Wastewater Treatment Process on Private Basis with Future City Agreement DATE: November 2, 1990 A few years ago, Dean Morrison's interest in airplanes and airports lead him to think of a small plane landing strip design that could utilize certain type of grass and municipal wastewater. When a portion of the Aurora Airport became available for sale, it was checked out by Dean and Frank, but the cost was too great to handle and the issue was dropped. Frank Tiwari felt that the process, that they have been discussing, will be especially useful for developing countries. Later Dean purchased a plexiglass prototype and started to analyze the process. In the same period the City's problem relating to the discharge limitation became more acute and it was felt that this process may help the City also. Therefore, the prototype was brought from Dean Morrison's home to the Wastewater plant site and lab tests were run to determine its value. It appears that the City may benefit from the process, but it is still too early to say. The patenting process may help the people who initially conceived the idea, along with the City and some other employees. The patenting agreement will not prohibit the City in anyway to utilize the patented process. In addition, the City will be given an interest in the patented process, if desired by the City. After the patenting work is completed, Oregon State University is interested in performing further research and in improving the process. J2--.- '-7 '7~ ~ M E M 0 TO: FROM: SUBJECT: DATE: City Council Public Works Program Manager~ Bids for Concrete Saw November 7, 1990 RECOMMENDATION: Award concrete saw bid to Columbia Equipment Inc. for $6,440. BACKGROUND: Three bids were recei ved on the Concrete Saw. follows: They were as Bidder Columbia Equipment Mason's supply Power Rents Saw Brand Price Target stow Wedge $6,440 6,465 6,880 All three bidders products deviated slightly from the specifications. The target did not have a reverse lockout and speed synchronization requested in the specifications but an updated hydrostatic drive transmission in their product eliminated the need for these features. Service and parts are readily available. - LUCIEN S. KLEIN PHILIP J. HAND KLEIN & HAND, P.C. ATIORNEYS AT LAW 970 NORm CASCADE DRIVE - P.O. BOX 377 WOODBURN, OREGON 97071 November 5, 1990 AREA CODE 503 TELEPHONE 981-0101 The Honorable Nancy Kirksey, Mayor and members of the Council of the city of Woodburn 270 Montgomery Woodburn, Oregon 97071 Re: Downtown Parking Lot closure Dear Mayor Kirksey and members of the city Council: The Woodburn Downtown Association requests that the public parking lot located West of the Post Office and between Grant street and Lincoln street be closed, Monday through Saturday, from 11:00 p.m. to 7:00 a.m. the following morning. The issue of closing this parking lot was reviewed by the Woodburn Downtown Association's downtown parking lot committee. The hours of closure should have a beneficial effect in deterring criminal activities in the parking lot. It is also requested that signs stating "customer Parking Only" or a similar statement of use be posted in the parking lot on First Street between Hayes Street and Garfield Street. It is also requested that appropriate signs be posted in the parking lot located West of the Post Office and between Grant street and Lincoln Street to discourage "day camping" in or about vehicles. Very truly yours, '. //./ ~,.,---~~ I--:~~~--L- -.---- ................."..", -r/ /(:L ' LUCIEN S. KLEIN Chairman, Downtown Parking Committee of the Woodburn Downtown Association LSK:cad Fax (503) 981-7810 1!