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03-08-2010 Agenda PacketJ CITY O F W 00 D C " B U R N DICK PUGH TCOU LOR W R~ CITY COUNCIL AGENDA J. MEL SCHMIDT, COUNCILOR WARD II PETERMCCALLUM,000NCILORWARDIII JAMES COX, COUNCILOR WARD IV e~ MARCH 8, 2O~ O ~ 7.00 P M FRANK LONERGAN, COUNCILOR WARD V . . ERIC MORRIS, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. On Friday, March 19, the Chamber, with title sponsor Silverton Hospital Network, and Gold Sponsors DataVision Communications and Yes Graphics, will host the 57th annual Distinguished Service Awards (DSA) Banquet at Wellspring. This is our most festive event of the year, as we're privileged to honor "The Best of the Best" in the Woodburn area. Tickets for this dinner are $30 each available from the Chamber office, and should be purchased early as this event is sold out every year. Appointments: B. Mike Sowa -Planning Commission 4. PROCLAMATIONS/PRESENTATIONS Proclamations: None Presentations: A. 2008-2009 Auditor's Report - Boldt, Carlisle 8~ Smith LLC, Jeff Eschen 8~ Brad Bingenheimer B. 2009 Crime Statistics -Chief Russell 5. COMMITTEE REPORTS A. Chamber of Commerce "Habra interpretes aisponib~es Para aque~l'as personas que no ~jab~an Ing~es, previo acuerao. Comuniquese a~ (So3198o-2485... March 8, 2010 Council Agenda Page i 1 Woodburn School District 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA -Items listed on fhe consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of February 22, 2010 2 Recommended Action: Approve the minutes. 9. TABLED BUSINESS A. Council Bill No. 2814 - A Resolution modifying the business Assistance Loan Program Guidelines 10. PUBLIC HEARINGS A. Graffiti nuisance abatement 11. GENERAL BUSINESS -Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill No. 2815 - A resolution finding that the property 5 located at 1059 N. Front Street, Woodburn, Oregon constitutes a graffiti nuisance property and authorizing the Woodburn Police Chief to abate said nuisance Recommended Action: Adopt the Resolution. B. Towing Services 12 Recommended Action: Provide staff policy direction for management of rotational towing services. C. Acceptance of Bancroff Bond Application 21 March 8, 2010 Council Agenda Page ii Recommended Action: City Council accept the Bancroft Bond applications submitted by property owners within the Ironwood Subdivision Local Improvement District which were filed after the initial 10-day filing period. D. Intergovernmental Agreement with the City of Silverton 23 Recommended Action: City Council authorize the City Administrator to sign an intergovernmental agreement (IGA) with the City of Silverton for Structural/Mechanical Inspections and Plan Reviews. E. Intergovernmental Agreement with the City of Dallas 30 Recommended Action: City Council authorize the City Administrator to sign an intergovernmental agreement (IGA) with the City of Dallas for Structural/Mechanical Plan Reviews. F. Cam Property Exchange 36 Recommended Action: City Council authorize the City Administrator to enter into a property exchange agreement with Pirfil and Elana Cam according to the terms outlined in the staff report in a legal form acceptable to the City Attorney. G. Taxicab Ordinance and Administrative Enforcement Program 42 Recommended Action: Review and discuss the attached draft Taxicab Ordinance. 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS -These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. None 13. CITY ADMINISTRATOR'S REPORT A. Access to Ordinance Project 60 14. MAYOR AND COUNCIL REPORTS 15. ADJOURNMENT March 8, 2010 Council Agenda Page iii ß¹»²¼¿ ×¬»³ March 8, 2010 TO: City Council FROM: Kathy Figley, Mayor SUBJECT: Planning Commission Appointment The following appointment is made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, March 8, 2010. No reply is required if you approve of my decision. PC LANNINGOMMISSION New appointment Mike Sowa for a term to expire December 2011 o ï COUNCIL MEETING MINUTES February 22, 2010 Counter DATE: COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, 1-0000 COUNTY OF MARION, STATE OF OREGON, FEBRUARY 22, 2010. CONVENED: The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL: Mayor Figley Present Councilor Cox Absent Councilor Lonergan Absent Councilor McCallum Present Councilor Morris Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, Assistant City Administrator Stevens, City Attorney Shields, Public Works Director Brown, Economic & Community Development Director Hendryx, Community Services Director Row, Finance Director Palacios, City Recorder Shearer. ANNOUNCEMENTS 1-0070 Richard Jennings presented Distinguished Service Awards to Kelly Long Howard (Junior First Citizen), Councilor Pete McCallum (Senior First Citizen), and Bruce Thomas (Senior First Citizen). th Mexican Fiesta Planning meeting will be held Wednesday, February 24 at 6pm, City Hall. BUSINESS FROM THE PUBLIC: 1-0975 Angie & Kevin Wheatcroft discussed their experience with a tow operator in Woodburn. CONSENT AGENDA: 1-1985 A) approve the Woodburn City Council minutes of February 8, 2010; and B) accept Community Services Department Statistics; and C) approve the Parks and Recreation Minutes of February 9, 2010. Councilor Schmidt pointed out an error in the attendance totals in the Parks and Recreation minutes. Community Services Director Row stated the error would be corrected. A revised statistics report was submitted to the City Recorder’s Office. Pugh/Morris …adopt the Consent Agenda as modified. The motion passed unanimously. COUNCIL BILL NO. 2813 – A RESOLUTION AUTHORIZING THE 1-2262 DEPARTMENT OF COMMUNITY SERVICES TO APPLY FOR A LAND AND WATER CONSERVATION FUND GRANT FROM THE OREGON PARKS AND RECREATION DEPARTMENT FOR THE REPLACEMENT OF THE PLAYGROUND AT WYFFELS PARK AND DELEGATING AUTHORITY TO Page 1 - Council Meeting Minutes, February 22, 2010 î COUNCIL MEETING MINUTES February 22, 2010 Counter THE DIRECTOR OF COMMUNITY SERVICES TO SIGN THE APPLICATION Councilor McCallumintroduced Council Bill No. 2813. Recorder Shearer read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2813 duly passed. COUNCIL BILL NO. 2814 – A RESOLUTION MODIFYING THE BUSINESS 1-2370 ASSISTANCE LOAN PROGRAM GUIDELINES Councilor McCallum introduced Council Bill No. 2814. Recorder Shearer read the bill by title only since there were no objections from the Council. Councilor Pugh moved that this item be tabled for future consideration. Councilor McCallum seconded. On roll call vote on the motion to table, the motion passed unanimously. Mayor Figley declared Council Bill No. 2814 tabled. TYPE V LEGISLATIVE AMENDMENT – LEGISLATIVE AMENDMENT LA 1-2450 2009-02, ALLOWING SIGNS IN THE PUBLIC RIGHT-OF-WAY IN THE RETIREMENT COMMUNITY SINGLE-FAMILY RESIDENTIAL (R1S) ZONE Economic and Community Development Director Hendryx gave a presentation on the proposed legislative amendment. Council discussed the proposed amendment. Council expressed that they did not want this amendment applying to right of way along Highway Pugh/McCallum 214.…accept the amendment except where it would pertain to Highway 214. The motion passed unanimously. PROFESSIONAL SERVICES CONTRACT AWARD TO MURRAY SMITH AND 1-3567 ASSOCIATES – DESIGN OF PRIMARY AND SECONDARY DISINFECTION OF THE WATER SUPPLY SYSTEM McCallum/Schmidt …that Council, as Local Contract Review Board, authorize the City Administrator to enter into a Professional Services Contract with Murray Smith and Associates to provide professional services for pre-design, final design, and construction engineering services for primary and secondary disinfection of the City’s water supply system in the amount of $208,817. The motion passed unanimously. ACCEPTANCE OF TWO PUBLIC UTILITY EASEMENTS TAX LOTS 1-3740 05W1400800 AND 052W13BD-01800 Morris/Pugh …Council accept the two Public Utility Easements described on Attachment “A” and Attachment “B” to the Staff Report for this item. The motion passed unanimously. SILVERTON NETWORK SUPPORT AGREEMENT 1-3850 McCallum/Pugh… Council authorize the City Administrator to execute an intergovernmental agreement with the City of Silverton to provide computer and network support. The motion passed unanimously. Page 2 - Council Meeting Minutes, February 22, 2010 í COUNCIL MEETING MINUTES February 22, 2010 Counter AUTHORIZE SIGNERS FOR CITY GENERAL BANK ACCOUNTS 1-4380 Pugh/Schmidt … Council authorize the attached bank resolutions authorizing signers on the City’s general bank accounts. The motion passed unanimously. CITY ADMINISTRATOR’S REPORT: 1-4661 A) Another E-Blurb will be issued soon B) Relay for Life fundraising is ongoing MAYOR AND COUNCIL REPORTS: 1-4750 Councilor Morris reported that the Change for Haiti fundraiser at High School is ongoing Councilor Morris asked for an update on the Enterprise Zone application. City Administrator Derickson reported that the application is moving along well and Economic & Community Development Director Hendryx stated additional th information will be before Council on March 8. ADJOURNMENT: Schmidt/McCallum… meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:20 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST ____ Christina M. Shearer, Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, February 22, 2010 ì ß¹»²¼¿ ×¬»³ March 8, 2010 TO: Honorable Mayor and City Council through City Administrator THRU: Scott Russell, Woodburn Chief of Police FROM: Doug Garrett, Captain SUBJECT: Graffiti Abatement Hearing for the residence located at 1059 N. Front Street RECOMMENDATION: After conducting a public hearing, approve the resolution on the agenda under General Business finding that the property located at 1059 N. Front Street is a graffiti nuisance property and authorizing the Police Chief to abate the nuisance. BACKGROUND: Owner Of Record: Jorge Paniagua P.O. Box 687 Woodburn, Oregon 97071 Bank of Record: Bank of America Home Loans ATTN: ca6919-01-41 400 Country Wide Wy. Simi Valley, CA 93765 From approximately July 30, 2009 until the present date, the Woodburn Police Department through its Code Enforcement Unit has been aware of, and working towards, insuring that the property and residence located at 1059 N. Front St. is in compliance with Woodburn City Ordinance 2411. Code Enforcement has sent three (3) Notices to Abate to the owner, Jorge Paniagua at the listed P.O. Box, which have been returned unclaimed. Over the course of the last seven (7) months the property and residence located at 1059 N. Front St. has deteriorated at an increasing rate. Graffiti to the Agenda Item Review: City Administrator ___X___ City Attorney ___x___ Finance __x___ ë Mayor and City Council March 8, 2010 Page 2 outside of the residence as well as illegal entry into the interior of the location continue to be a concern. To date, the Police Department and Code Enforcement have responded to the location fifteen (15) times for graffiti and nuisance calls. It is anticipated that this property will continue to deteriorate and become an increasing safety hazard the longer abatement is held off. To date there has been no reciprocal communication from either Jorge Paniagua or Bank of America Home Loans to indicate what steps will be made to remedy the concerns noted. DISCUSSION: On February 25, 2010 the Woodburn City Recorder sent a Notice of Hearing to both the owner of the property, Jorge Paniagua, as well as to Bank of America Home Loans who appear to have interest in this property as well. Both of these parties have been advised that a hearing to abate the graffiti nuisance property will be held on March 8th, 2010 at 7:00 p.m. in the Woodburn Council Chambers. At this time either of the above parties will have the opportunity to appear and demonstrate good cause for failing to abate the nuisance within the prescribed time. Per City Ordinance the City has the burden of proving by a preponderance of the evidence that the property is a graffiti nuisance property. A “preponderance of the evidence” means that it is “more likely than not” that something has occurred. The City will present evidence that a graffiti nuisance property does exist at 1059 N. Front Street and that it should be abated by City Council action. The owner and anyone with an interest in the property also has the right to appear and show good cause for failure to abate the nuisance . After conducting the public hearing, if the City Council determines that the property is a graffiti nuisance property, then it should pass the resolution to that effect under General Business portion of the agenda. FINANCIAL IMPACT: An estimate of $750.00 to paint over the graffiti was provided by the City of Woodburn Public Works Department on March 2, 2010. This cost encompasses the cost of painting and securing of the structure. ê Mayor and City Council March 8, 2010 Page 3 The Woodburn Public Works Department will arrange to contract for these improvements to be made. The parties will then have thirty (30) days to reimburse the City for the abatement costs. If there is no response from the parties after the work is completed, then the City Administrator shall see that an assessment of the cost is made and entered in the City Lien Docket. é Oz ~ ~"f~ -' ~ :ie--^~='- OODBUR I~icorj~: r~zte~ 1 ~48~7 February 25, 2010 Bank of America Home Loans Jorge Paniagua ATTN: ca6919-01-41 P.O. BOX 6F7 400 Country g'l'ide Wy VVoadbum, OR 91071 Simi Valley, CA 93765 RE: NOTICE OF HEARING 1059 N Front Street, Woodburn, Oregon 97071 - Graffiti Nuisance acid linsecure Property You are hereby given notice that on l~-larch 8, 2010, at 7:00 p.m., the Woodburn City Council will hold a hearing regarding the property located at 1059 N Front Street, V~'oodburn, Oregon 97071. At the hearing, you may appear and be heard by the City Council. The City Council will determine whether the property is graffiti nuisance property as defined under Woodburn General Ordinance No. 2173. If the City Council determines the property is a graffiti nuisance property then the City Council may order abatement and bill the cost of abatement to you including administrative fees. If left unpaid, the City may place a lien on the property or take other action necessary to secure repayment. On February 5, 2010 the City mailed a Notice to Abate Graffiti that gave you ten business days to abate the nuisance. The hearing referenced above is your opportunity to demonstrate good cause for failing to abate the nuisance within the proscribed time. This Notice of Hearing has also been faxed to Bank of America Field Services (Fax: I - 866-603-4760). Please contact the ~'~'oodburn Police Department with any questions. Sincerely, i Christina M. Shearer City Recorder Office of the City Recorder 0!Ylorrtgomrt~ Str~~er • lB~cri.-vrn. Orcgort 9i 0i 1 COUNCIL BILL NO. 2815 RESOLUTION NO. 1959 A RESOLUTION FINDING THAT THE PROPERTY LOCATED AT 1059 N. FRONT STREET, WOODBURN, OREGON CONSTITUTES A GRAFFITI NUISANCE PROPERTY AND AUTHORIZING THE WOODBURN POLICE CHIEF TO ABATE SAID NUISANCE. , on March 8, 2010 at 7:00 p.m. the City Council held a hearing to WHEREAS determine whether the property located at 1059 N Front Street, Woodburn, is a graffiti nuisance property as defined under Woodburn General Ordinance No. 2173; and , the City Recorder sent notice of the hearing and the opportunity WHEREAS to be heard to the property owner and the apparent mortgage holder; and , the Council heard testimony and received evidence at the WHEREAS hearing regarding the property; and , the City Council finds that the property has significant and WHEREAS pervasive graffiti on multiple sides of the exterior of the residence and separate garage located on the property; and , the City Council finds the graffiti is clearly visible from the public WHEREAS right of way; and , the City Council finds that the Woodburn Police Department WHEREAS made multiple attempts to gain compliance from owner and mortgage holder and has given notice to the owner and mortgage holder to abate the graffiti within 10 business days; and , the City Council finds that no abatement occurred within the WHEREAS noticed timeframe, the graffiti has increased over the last several months, and that the structures are unsecure allowing individuals to enter therein; and , the City Council finds that the property owner has failed to prove WHEREAS good cause for failure to abate the nuisance within the noticed timeframe; and , the City Council finds by a preponderance of the evidence that WHEREAS the property is a graffiti nuisance property; and , the City Council finds that the significant graffiti and unsecure WHEREAS nature make the property a risk to the public health and safety; NOW, THEREFORE, Page 1 – COUNCIL BILL NO. 2815 RESOLUTION NO. 1959 ç THE CITY OF WOODBURN RESOLVES AS FOLLOWS: The Chief of Police shall abate the graffiti property nuisance Section 1. located at 1059 N Front Street, Woodburn, in a manner the Chief deems most appropriate and cost effective for abatement. The Chief of Police shall make the buildings of said property Section 2. secure in a manner the Chief deems necessary to prevent access into the structures by unauthorized individuals and to protect the public health and safety. The Chief of Police shall bill the property owner for the cost of Section 3. graffiti abatement and making the property secure. An administrative fee, as provided in the current Master Fee Schedule, shall be included to cover the costs of administering the abatement. The Chief of Police shall give the property owner 30 days to pay Section 4. the entire costs of abatement from the date of billing notice. If the costs of abatement are not paid within 30 days of billing Section 5. notice, the Chief shall notify the City Administrator. The City Administrator shall then see that an assessment of the cost is made and thereupon is entered in the docket of city liens. The lien shall be against the above referenced property and Section 6. shall be enforced in the same manner as street improvements are enforced. Said lien shall bear interest at the legal rate and interest shall commence to run from the date of the entry of the lien in the lien docket. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Christina Shearer City Recorder Page 2 – COUNCIL BILL NO. 2815 RESOLUTION NO. 1959 ïð City of Woodburn, Oregon Page 3 – COUNCIL BILL NO. 2815 RESOLUTION NO. 1959 ïï ß¹»²¼¿ ×¬»³ March 8, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Scott Russell, Chief of Police SUBJECT: Towing Services RECOMMENDATION: Provide staff policy direction for management of rotational towing services. BACKGROUND: The Police Department is providing this report to Council as a basis for obtaining policy direction on rotational towing services. DISCUSSION: For the last 15 years the City of Woodburn has allowed five (5) local tow companies to operate on a rotational tow list for non-preference tows required within the City. These tows arise out of accidents, police actions, parking violations, or public requests. Police Chiefs prior to my tenure had authorized each of the companies and added them to the list based upon various criteria; generally that they were businesses operated within the City and could provide a certain level of service. However, these standards did not include setting fees or enacting regulatory ordinances. In June of 2002 shortly after I became Chief of Police I notified the City Council of areas of concern regarding the commercial towing of vehicles impounded by the city. (see attached Staff Report dated June 19, 2002) These included a number of citizen complaints, and problems with tow operators responding in a timely manner. At that time the Council, by consensus, requested the police department to begin work on a Request for Proposal (RFP) to identify towing vendors that the city would use for various city required tows and to establish contract terms and rules for such towing operations. The RFP was completed in spring/summer of 2003 and as we were preparing to present it to Council the City was notified that the Oregon State Police would be issuing a new set of Oregon Agenda Item Review: City Administrator ___x___ City Attorney ___x___ Finance __x___ ïî Mayor and City Council March 8, 2010 Page 2 Administrative Rules (OAR) for towing services and that we would be best served by waiting for the adoption of these rules as they would govern all towing services in Oregon. The draft OAR’s were exhaustive in nature and covered all areas of towing requirements, driver qualifications, and services. It appeared that they would greatly benefit our process. The City Administrator directed the Police Department to wait for the enactment of the OAR’s and then ask Council to adopt them as local code to resolve the towing issue. The draft OAR’s were sent to the Office of the Attorney General for legal review and public hearings. The draft OAR’s remained at the AG’s Office for over three years. Captain Tennant was assigned to monitor this progress and did so monthly. What was finally adopted as the new OAR’s for towing were a mere shadow of the draft rules and included nothing that was helpful to our situation. When questioned about the process the AG’s office told Captain Tennant that the Oregon Legislature would be taking up the issue of towing in its next session and therefore the AG’s office declined to adopt the draft OAR’s. However, to this date no new legislation has been passed to regulate day to day towing operations as they relate to our City. The number of citizen complaints about towing has been significantly less in recent years and the recent complaint is the first I have seen since my return to duty. However, since the issues that I outlined in my June 19, 2002 staff report remain, and the State has taken no action on this issue, it was my plan to renew an effort to ask Council to consider an RFP for towing services upon Mr. Derickson’s appointment in late 2008, however the events of December 12, 2008 trumped my plans. After meeting with the current City Administrator on this issue he asked me to present this matter to Council at this time. In response to recent inquiries we have found that most local cities the relative size of Woodburn (as well as some that are smaller and larger) have contracts in place for towing services and that these contracts were obtained through a competitive RFP process. The RFP process allows tow companies to be vendors and then allows the City and the vendor to agree to the terms they will employ to do business together under the contract. Most of the cities contacted preferred this method to enacting regulations or ordinances to try and control towing services. The proposed towing RFP would be designed in conjunction with the Finance Department to meet the following objectives and benchmarks; fair pricing, good service, and proper business practices. In order to accomplish these benchmarks the RFP would contain provisions designed to: ïí Mayor and City Council March 8, 2010 Page 3 Identify several primary vendors for Class 1 (below 26,000 GVW) police and non-preference tows, a primary and an alternate vendor for Class 2 (over 26,000 GVW) police tows, and a primary and alternate vendor for Class 3 (abandoned/junk vehicle) tows; Selection of these vendors will be based upon competitive rates, facilities and equipment, organizational structure and staffing, and past vendor performance. Set clear expectations of performance, facility, and equipment requirements for successful candidates. Identify the scope of services required of any successful candidates. Require compliance with all applicable State and Federal laws by any successful candidates. Establish dispatch procedures and response time requirements. Establish general requirements for successful vendors to maintain city contracts. Comply with State contracting laws FINANCIAL IMPACT: It is expected that increased staff time will be required to administer the towing contracts initially. However, this will be more than offset by reduced staff time answering and investigating citizen, officer, and competing tow company complaints (about pricing and business practices that are not currently controlled), and in competitive reduced rate tow fees for City Tows required in the course of City business. ïì ïë ïê ïé ÉÐÜ ÑÑÜÞËÎÒ ÑÔ×ÝÛ ÛÐßÎÌÓÛÒÌ ïðêð Ó¬ò Ø±±¼ ßª»òô É±±¼¾«®²ô Ñ®»¹±² çéðéï Ð¸±²»æ øëðí÷ çèîóîíìë ÚßÈæ øëðí÷ çèîóîíéð ëÛÏÊÊúìÉËËÙÒÒÊûÖÕÙØÏØîÏÒÕÛÙ Ê Ö¿±² ß´»¨¿²¼»® Ð¿¬®±´ Ü·ª··±² Ý¿°¬¿·² Ê Ü±«¹ Ù¿®®»¬¬ Í«°°±®¬ Ü·ª··±² Ý¿°¬¿·² Ü¿¬»æ Ú»¾®«¿®§ îêô îðïð Ì±æ Ý·¬§ ß¼³·²·¬®¿¬±® Í½±¬¬ Ü»®·½µ±² Í«¾¶»½¬æ Ó»³±®¿²¼«³ Î»æ Ì±©·²¹ Ý±³°´¿·²¬ ±º Ó®ò ú Ó®ò É¸»¿¬½®±º¬ Î»½»²¬´§ ¬¸» Ý·¬§ Ý±«²½·´ ©¿ ³¿¼» ¿©¿®» ±º ¿ ½±³°´¿·²¬ ¿¾±«¬ ¬±©·²¹ »®ª·½» °®±ª·¼»¼ ¾§ ß´´ ß®±«²¼ Ì±©·²¹ ©¸·½¸ · ¿ ¬±©·²¹ ½±³°¿²§ ±² ¬¸» Ý·¬§ÑËðÏÐîÌÙØÙÌÙÐÛÙìÏÊÝÊÕÏÐÝÒêÏÇòÕËÊêÖÙ ¬±© ½±³°¿²§ ·² ¯«»¬·±² ©¿ ½±²¬¿½¬»¼ ·² ©®·¬·²¹ ø»» ¿¬¬¿½¸»¼ Ô»¬¬»®÷ ¿²¼ ¿µ»¼ ¬± ®»°±²¼ ¬± ¬¸» ½±³°´¿·²¬ò É» ¸¿¼ ¬± »²¼ ±«¬ ¬©± ´»¬¬»® ¿ ³§ ±ºº·½» ©¿ ²±¬ ²±¬·º·»¼ ¬¸¿¬ ¬¸»§ ¸¿¼ ½¸¿²¹»¼ ¬¸»·® ¿¼¼®» º®±³ Òò Ð¿½·º·½ Ø©§ò ·² É±±¼¾«®² ¬± ¿ ÐÑ Þ±¨ ·² Ó¬ò ß²¹»´ò ß ±º ¬¸· ©®·¬·²¹ ¸¿ ²±¬ ¼±²» ±ò ß¬ §±«® ¼·®»½¬·±² × ½±³°´»¬»¼ ¿ Í¬¿ºº Î»°±®¬ ±² ¬±©·²¹ º±® ¬¸» Ý·¬§ Ý±«²½·´ ¬± °®±ª·¼» ¿ ¸·¬±®§ ¿²¼ ¬¿¬« ±º ¬¸» Ò±²óÐ®»º»®»²½» Î±¬¿¬·±²¿´ Ì±© Ô·¬ò × ©·´´ ¿¼ª·» §±« ·º × ®»½»·ª» ¿²§ ®»°±²» º®±³ ¬¸» ¬±© ½±³°¿²§ò Ð´»¿» ´»¬ ³» µ²±© ·º §±« ²»»¼ ¿²§¬¸·²¹ »´»ò Í·²½»®»´§ô Í½±¬¬ Üò Î«»´´ô Ý¸·»º ±º Ð±´·½» ÝÝæ Ú·´» ïè ÉÐÜ ÑÑÜÞËÎÒ ÑÔ×ÝÛ ÛÐßÎÌÓÛÒÌ ïðêð Ó¬ò Ø±±¼ ßª»òô É±±¼¾«®²ô Ñ®»¹±² çéðéï Ð¸±²»æ øëðí÷ çèîóîíìë ÚßÈæ øëðí÷ çèîóîíéï ëÛÏÊÊúìÉËËÙÒÒÊûÖÕÙØÏØîÏÒÕÛÙ Ê Ü±«¹ Ù¿®®»¬¬ Í«°°±®¬ Ü·ª··±² Ý¿°¬¿·² Ê Ö¿±² ß´»¨¿²¼»® Ð¿¬®±´ Ü·ª··±² Ý¿°¬¿·² February 24, 2010 Mr. Dick Meyer All Around Towing 770 N. Pacific Hwy. Woodburn, Or 97071 Dear Mr. Meyer; At the February 22, 2010 meeting of the Woodburn City Council a Mr. and Mrs. Wheatcroft made a complaint against All Around Towing regarding the amount of the tow bill they received in connection with Woodburn Police Department Case# 10-637. In this case All Around Towing was the non- preference tow for their vehicle; Oregon License 343 ENU, a Dark Blue Saturn, which was towed on January 12, 2010 at about 1:45PM from West Coast Bank at 2540 Newberg Hwy. Woodburn, Oregon. The Wheatcroft’s alleged that All Around Towing attempted to charge them $800 for the tow, but eventually reduced it to $700 when they complained. They alleged that other tow companies in Woodburn stated that they would have charged much less, and they provided council with several written quotes of less than $200 for the same tow. The Wheatcrofts further alleged that they were treated abruptly by All Around staff, that they had to drive to Mt. Angel to get the vehicle released, and that All Around Towing was engaging in “Predatory Towing Practices”. I was asked to obtain a written response from you regarding this complaint, so that I could respond to the City Council’s concerns. I recall from our previous discussions about rates that you told me that All Around Towing operates under the Oregon State Police Tow rates, and so if you could provide your rates it might be helpful in thoroughly explaining this matter. However, you can respond with any information you think might be relevant to rebut this complaint. Thank you for your time and attention this matter. Sincerely, Scott D. Russell Chief of Police ïç ÉÐÜ ÑÑÜÞËÎÒ ÑÔ×ÝÛ ÛÐßÎÌÓÛÒÌ ïðêð Ó¬ò Ø±±¼ ßª»òô É±±¼¾«®²ô Ñ®»¹±² çéðéï Ð¸±²»æ øëðí÷ çèîóîíìë ÚßÈæ øëðí÷ çèîóîíéï ëÛÏÊÊúìÉËËÙÒÒÊûÖÕÙØÏØîÏÒÕÛÙ Ê Ü±«¹ Ù¿®®»¬¬ Í«°°±®¬ Ü·ª··±² Ý¿°¬¿·² Ê Ö¿±² ß´»¨¿²¼»® Ð¿¬®±´ Ü·ª··±² Ý¿°¬¿·² February 26, 2010 Mr. Dick Meyer All Around Towing PO Box 812 Mt. Angel, Oregon 97362 Dear Mr. Meyer; At the February 22, 2010 meeting of the Woodburn City Council a Mr. and Mrs. Wheatcroft made a complaint against All Around Towing regarding the amount of the tow bill they received in connection with Woodburn Police Department Case# 10-637. In this case All Around Towing was the non- preference tow for their vehicle; Oregon License 343 ENU, a Dark Blue Saturn, which was towed on January 12, 2010 at about 1:45PM from West Coast Bank at 2540 Newberg Hwy. Woodburn, Oregon. The Wheatcroft’s alleged that All Around Towing attempted to charge them $800 for the tow, but eventually reduced it to $700 when they complained. They alleged that other tow companies in Woodburn stated that they would have charged much less, and they provided council with several written quotes of less than $200 for the same tow. The Wheatcrofts further alleged that they were treated abruptly by All Around staff, that they had to drive to Mt. Angel to get the vehicle released, and that All Around Towing was engaging in “Predatory Towing Practices”. I was asked to obtain a written response from you regarding this complaint, so that I could respond to the City Council’s concerns. I recall from our previous discussions about rates that you told me that All Around Towing operates under the Oregon State Police Tow rates, and so if you could provide your rates it might be helpful in thoroughly explaining this matter. However, you can respond with any information you think might be relevant to rebut this complaint. Thank you for your time and attention this matter. Sincerely, Scott D. Russell Chief of Police îð ß¹»²¼¿ ×¬»³ March 8, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Christina Shearer, City Recorder SUBJECT: Acceptance of Bancroft Bond Application RECOMMENDATION: By motion, and under the authority of ORS 223.210, Council accept the Bancroft Bond applications submitted by property owners within the Ironwood Subdivision Local Improvement District which were filed after the initial 10-day filing period. BACKGROUND: Under ORS 223.210 (Bancroft Bonding Act), affected property owners have 10 days after the date of the first publication of the final assessment ordinance to file a Bancroft Bonding application thereby allowing them to pay for their share of the assessment costs under an installment program over a 10-year period. Applications received after the initial filing period require Council acceptance in order to participate in the installment program. DISCUSSION: Bancroft bond applications were received from the following property owners of record: (1)Santiago & Kelly Kent Tax Lot No. 051W07AA05600 (2)Robert Wamble II Tax Lot No. 051W07AA00300 (3)Michael & Teresa Heide Tax Lot No. 051W08BB01400 (4)Kevin & Lisa Carr Tax Lot No. 051W07AA04200 (5)Lon & Peggy Sanders Tax Lot No. 051W08BB02500 (6)Bill & Noreen Kapssof Tax Lot No. 051W07AA03800 (7)David & Cristina Blanke Tax Lot No. 051W07AA02200 Acceptance of these applications will allow the property owners to participate in the installment program established under the final assessment ordinance for this improvement project. FINANCIAL IMPACT: There is no financial impact on the City unless the property owners default on assessment payments. If that were to occur, the City could initiate foreclosure Agenda Item Review: City Administrator ___x__ City Attorney ___x___ Finance __x___ îï Mayor and City Council March 8, 2010 Page 2 proceedings in order to recover the assessment balance plus interest and related costs. The final assessment ordinance provides for annual payments and the first payment will not be due until February 11, 2011. îî ß¹»²¼¿ ×¬»³ March 8, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Steve Krieg, Building Official SUBJECT: Intergovernmental Agreement with the City of Silverton RECOMMENDATION: That the City Council authorize the City Administrator to sign an Intergovernmental Agreement (IGA) with the City of Silverton for Structural/Mechanical Inspections and Plan Reviews. BACKGROUND: The City of Woodburn has an IGA with Marion County for mutual inspection and plan review assistance. An IGA with Silverton addresses structural/mechanical inspections and plan reviews and would allow Woodburn and Silverton to assist each other on an as-needed basis. DISCUSSION: The Structural/Mechanical Inspections and Plan Review IGA was reviewed by the Woodburn City Attorney. FINANCIAL IMPACT: The Structural/Mechanical Inspections and Plan Reviews IGA involves budgeted money to the extent that Woodburn uses Silverton’s resources. To the extent that Silverton uses Woodburn’s resources, some revenue will be received by the City. Attachments: IGA for Structural/Mechanical Inspections and Plan Reviews Agenda Item Review: City Administrator ___x___ City Attorney ___x___ Finance __x___ îí INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF SILVERTON AND THE CITY OF WOODBURN FOR STRUCTURAL/MECHANICAL INSPECTIONS AND PLAN REVIEWS This Agreement is made pursuant to ORS 190.010 between the City of Silverton a municipal corporation of the State of Oregon, hereinafter called “Silverton”, and the City of Woodburn, a municipal corporation of the State of Oregon, hereinafter called “Woodburn”. I. RECITALS: 1. Silverton and Woodburn have determined that they have a need for qualified personnel to perform structural/mechanical inspections and plan reviews in lieu of their own employees who may be ill, on vacation, or otherwise temporarily unable to perform their duties, and; 2. Silverton and Woodburn employ inspectors who are qualified and licensed to perform such inspection and plan review duties, and; 3. It is the mutual desire of Silverton and Woodburn that each agency provide personnel to provide these backup services to the other agency as needed, therefore; 4. This Agreement is being brought forth to allow Silverton, by and through its Community Development Departments’ Building Inspection Division, to provide structural/mechanical inspections and plan reviews on a as-needed basis to cover the Woodburn’s inspection staff, and for Woodburn to provide the same services upon request for Silverton. II SILVERTON OBLIGATIONS Silverton Shall: 1. Perform structural/mechanical inspections and plan reviews on behalf of Woodburn, as requested by Woodburn. 2. Comply with all ORS and OAR requirements and regulations pertaining to the structural/mechanical and plan review programs. 3. Provide State of Oregon certified/licensed inspectors to perform all inspections. IGA Structural/Mechanical Inspections And Plan Reviews Page 1 îì 4. Complete Inspection Report Form provided by Woodburn. 5. Provide identification upon entering a job site and the state the reason for the site visit. 6. Fax a copy of the completed inspection report to Woodburn within 48 hours of completion of the inspection. 7. Comply with the inspection notification requirements of applicable ORS and OAR. 8. Provide Woodburn a monthly request for payment to be submitted with a list of the inspection requests and plan reviews completed listing the date, location and type of inspection, and time spent performing inspections each day and number of hours performing plan reviews. 9. Send (via facsimile) a request for inspection to Woodburn the morning of the requested date of inspection after first verifying with the Woodburn Building Official that adequate staffing exists to provide Silverton with backup services. (Inspection request form shall include the site location, type of inspection needed, and permit number and information). 10. Remit payment to Woodburn within 30 days of receipt of monthly request for payment by Woodburn. Woodburn shall submit final invoice for work completed under this agreement not later than 30 days after expiration date of this agreement. III WOODBURN OBLIGATIONS Woodburn shall: 1 Send (via facsimile) a request for inspection to Silverton the morning of the requested date of inspection after first verifying with the Silverton Building Official that adequate staffing exists to provide Woodburn with backup services. (Inspection request form shall include the site location, type of inspection needed, and permit number and information). 2 Remit payment to Silverton within 30 days of receipt of monthly request for payment by Silverton. Silverton shall submit final invoice for work completed under this agreement not later than 30 days after expiration date of this agreement. 3 Perform structural/mechanical inspections and plan reviews on behalf of Silverton, as requested by Silverton. IGA Structural/Mechanical Inspections And Plan Reviews Page 2 îë 4 Comply with all ORS and OAR requirements and regulations pertaining to the structural/mechanical and plan review programs. 5 Provide State of Oregon certified/licensed inspectors to perform all inspections. 6 Complete Inspection Report Form provided by Silverton. 7 Provide identification upon entering a job site and the state the reason for the visit. 8 Fax a copy of the completed inspection report to Silverton within 48 hours of completion of the inspection. 9 Comply with the inspection notification requirements of applicable ORS and OAR. 10 Provide Silverton a monthly request for payment to be submitted with a list of the inspection requests completed listing the date, location and type of inspection, and time spent performing inspections each day and number of hours performing plan reviews. IV MUTUAL FINANCIAL OBLIGATIONS 1. Silverton and Woodburn agree to pay each other for services provided under this agreement at the rate of $65.00 per hour. These rates may be adjusted annually (in writing) to the mutual satisfaction of both parties. 2. Payment under the terms of this agreement is separate from and in addition to the payments made under any other existing agreements between Silverton and Woodburn. 3. All requests for payment shall be submitted to: City of Woodburn Steve Krieg, Building Official 270 Montgomery Street Woodburn, OR 97071 City of Silverton Building Inspection Daryl Jones, Building Official 306 S. Water Street Silverton, OR 97381 4. All requests for payment shall include documentation described in Section II (8) to justify payment under this agreement. IGA Structural/Mechanical Inspections And Plan Reviews Page 3 îê 5. Silverton and Woodburn certify that at the time the agreement is written, sufficient funds are available and authorized for expenditure to finance costs of this agreement. V. TRAVEL AND OTHER EXPENSES No additional fees are part of this agreement. VI. RESPONSIBLE PARTIES FOR ADMINISTRATION The primary organizations and officials responsible for conducting the administrative requirements of this agreement are: City of Woodburn: Steve Krieg, Building Official City of Silverton: Daryl Jones, Building Official VII. NON-PERFORMANCE Neither party shall be held responsible for delay or failure to perform when such delay or failure is due to fire, flood, epidemic, strikes, acts of God or the public enemy, unusually severe weather, legal acts of public authorities, or delays or defaults caused by public carriers, which cannot be reasonably foreseen or provided against. Either party may terminate the agreement, effective with the giving of written notice, after determining such delays or failure will reasonably prevent successful performance in accordance with the terms of this agreement. VIII. INSURANCE AND INDEMNIFICATION Woodburn shall, to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the City of Silverton and its officers and employees from any and all claims, suits, and liabilities which may occur in the performance of this agreement. Likewise, Silverton shall, to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the City of Woodburn and its officers and employees from any and all claims, suits, and liabilities which may occur in the performance of this agreement. Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon Tort Claims Act (ORS 30.260 to 30.300). IX. NONDISCRIMINATION IGA Structural/Mechanical Inspections And Plan Reviews Page 4 îé The parties agree to comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations in the performance of this agreement. X. COMPLIANCE WITH APPLICABLE LAWS The parties agree that both shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this agreement. The parties agree that this agreement shall be administered and construed under the laws of the State of Oregon. XI. AMENDMENTS The terms of this agreement shall not be waived, altered, modified, supplemented or amended except by written instrument signed by both parties, with the exception of the annual review and modification of rates. This agreement may be extended upon written amendment for a period not to exceed two years from original expiration date. XII. TERMINATION This agreement may be terminated by mutual consent by both parties or by either party upon 30 days' notice, in writing, and delivered by certified mail or in person. XIII. TERM OF AGREEMENT This Agreement shall become effective on the date on which every party has signed this Agreement. This Agreement shall expire unless otherwise terminated, or extended by amendment, on January 1, 2015. IGA Structural/Mechanical Inspections And Plan Reviews Page 5 îè IN WITNESS WHEREOF, the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth . below THE CITY OF SILVERTON CITY OF WOODBURN Bryan Cosgrove Date Scott Derickson Date City Administrator City Administrator IGA Structural/Mechanical Inspections And Plan Reviews Page 6 îç ß¹»²¼¿ ×¬»³ March 8, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Steve Krieg, Building Official SUBJECT: Intergovernmental Agreement with the City of Dallas RECOMMENDATION: That the City Council authorize the City Administrator to sign an Intergovernmental Agreement (IGA) with the City of Dallas for Structural/Mechanical Plan Reviews. BACKGROUND: The City of Woodburn has an IGA with Marion County for mutual inspection and plan review assistance. An IGA with Dallas addresses structural/mechanical plan reviews and would allow Woodburn and Dallas to assist each other on an as-needed basis. DISCUSSION: The Structural/Mechanical Plan Review IGA was reviewed by the Woodburn City Attorney. FINANCIAL IMPACT: The Structural/Mechanical Plan Reviews IGA involves budgeted money to the extent that Woodburn uses Dallas’s resources. To the extent that Dallas uses Woodburn’s resources, some revenue will be received by the City. Attachments: IGA for Structural/Mechanical Plan Reviews Agenda Item Review: City Administrator ___x___ City Attorney ___x___ Finance __x___ íð INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DALLAS AND THE CITY OF WOODBURN FOR STRUCTURAL/MECHANICAL PLAN REVIEWS This Agreement is made pursuant to ORS 190.010 between the City of Dallas a municipal corporation of the State of Oregon, hereinafter called “Dallas”, and the City of Woodburn, a municipal corporation of the State of Oregon, hereinafter called “Woodburn”. I. RECITALS: 1. Dallas and Woodburn have determined that they have a need for qualified personnel to perform structural/mechanical plan reviews in lieu of their own employees who may be ill, on vacation, or otherwise temporarily unable to perform their duties, and; 2. Dallas and Woodburn employ plans examiners who are qualified and licensed to perform such plan review duties, and; 3. It is the mutual desire of Dallas and Woodburn that each agency provide personnel to provide these backup services to the other agency as needed, therefore; 4. This Agreement is being brought forth to allow Dallas, by and through its Community Development Departments’ Building Division, to provide plan reviews on a as-needed basis to cover the Woodburn’s inspection staff, and for Woodburn to provide the same services upon request for Dallas. II DALLAS OBLIGATIONS Dallas Shall: 1. Perform plan reviews on behalf of Woodburn, as requested by Woodburn. 2. Comply with all ORS and OAR requirements and regulations pertaining to the structural/mechanical plan review programs. 3. Provide State of Oregon certified/licensed plans examiners to perform all plan reviews. 4. Provide Woodburn a monthly request for payment to be submitted with a list of the plan reviews completed and number of hours performing plan reviews. IGA Structural/Mechanical Inspections And Plan Reviews Page 1 íï 5. Remit payment to Woodburn within 30 days of receipt of monthly request for payment by Woodburn. Woodburn shall submit final invoice for work completed under this agreement not later than 30 days after expiration date of this agreement. III WOODBURN OBLIGATIONS Woodburn shall: 1 Remit payment to Dallas within 30 days of receipt of monthly request for payment by Dallas. Dallas shall submit final invoice for work completed under this agreement not later than 30 days after expiration date of this agreement. 2 Perform plan reviews on behalf of Dallas, as requested by Dallas. 3 Comply with all ORS and OAR requirements and regulations pertaining to the structural/mechanical plan review programs. 4 Provide State of Oregon certified/licensed inspectors to perform all plan reviews. 5 Provide Dallas a monthly request for payment to be submitted with a list of the plan reviews completed and number of hours performing plan reviews. IV MUTUAL FINANCIAL OBLIGATIONS 1. Dallas and Woodburn agree to pay each other for services provided under this agreement at the rate of $65.00 per hour. These rates may be adjusted annually (in writing) to the mutual satisfaction of both parties. 2. Payment under the terms of this agreement is separate from and in addition to the payments made under any other existing agreements between Dallas and Woodburn. 3. All requests for payment shall be submitted to: City of Woodburn Steve Krieg, Building Official 270 Montgomery Street Woodburn, OR 97071 City of Dallas Ted Cuno, Building Official 187 SE Court Street Dallas, OR 97338 4. All requests for payment shall include documentation described in Section II (5) and Section III (5) to justify payment under this agreement. IGA Structural/Mechanical Plan Reviews Dallas, OR Page 2 íî 5. Dallas and Woodburn certify that at the time the agreement is written, sufficient funds are available and authorized for expenditure to finance costs of this agreement. V. TRAVEL AND OTHER EXPENSES No additional fees are part of this agreement. VI. RESPONSIBLE PARTIES FOR ADMINISTRATION The primary organizations and officials responsible for conducting the administrative requirements of this agreement are: City of Woodburn: Steve Krieg, Building Official City of Dallas: Ted Cuno, Building Official VII. NON-PERFORMANCE Neither party shall be held responsible for delay or failure to perform when such delay or failure is due to fire, flood, epidemic, strikes, acts of God or the public enemy, unusually severe weather, legal acts of public authorities, or delays or defaults caused by public carriers, which cannot be reasonably foreseen or provided against. Either party may terminate the agreement, effective with the giving of written notice, after determining such delays or failure will reasonably prevent successful performance in accordance with the terms of this agreement. VIII. INSURANCE AND INDEMNIFICATION Woodburn shall, to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the City of Dallas and its officers and employees from any and all claims, suits, and liabilities which may occur in the performance of this agreement. Likewise, Dallas shall, to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the City of Woodburn and its officers and employees from any and all claims, suits, and liabilities which may occur in the performance of this agreement. Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon Tort Claims Act (ORS 30.260 to 30.300). IX. NONDISCRIMINATION The parties agree to comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations in the performance of this agreement. IGA Structural/Mechanical Plan Reviews Dallas, OR Page 3 íí X. COMPLIANCE WITH APPLICABLE LAWS The parties agree that both shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this agreement. The parties agree that this agreement shall be administered and construed under the laws of the State of Oregon. XI. AMENDMENTS The terms of this agreement shall not be waived, altered, modified, supplemented or amended except by written instrument signed by both parties, with the exception of the annual review and modification of rates. This agreement may be extended upon written amendment for a period not to exceed two years from original expiration date. XII. TERMINATION This agreement may be terminated by mutual consent by both parties or by either party upon 30 days' notice, in writing, and delivered by certified mail or in person. XIII. TERM OF AGREEMENT This Agreement shall become effective on the date on which every party has signed this Agreement. This Agreement shall expire unless otherwise terminated, or extended by amendment, on January 1, 2015. IGA Structural/Mechanical Plan Reviews Dallas, OR Page 4 íì IN WITNESS WHEREOF, the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth . below THE CITY OF DALLAS CITY OF WOODBURN City Administrator DateCity Administrator Date Jerry Wyatt Scott Derickson IGA Structural/Mechanical Plan Reviews Dallas, OR Page 5 íë ß¹»²¼¿ ×¬»³ March 8, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Row, Community Services Director SUBJECT: Cam Property Exchange RECOMMENDATION: It is recommended that the City Council authorize the City Administrator to enter into a property exchange agreement with Pirfil and Elana Cam according to the terms outlined in the staff report in a legal form acceptable to the City Attorney. BACKGROUND: The City is constructing the first phase of the Mill Creek Greenway Trail, which will course through property located primarily within the Mill Creek corridor; from Cleveland Street at the north to Deer Run Street at the south. To maintain the connectivity of the trail system, the pathway must course around the eastern edge of Hermanson Pond, on property currently owned by the Cam’s. In order to facilitate this process, the City would like to acquire .59 acres of property immediately adjacent to Hermanson Pond, currently owned by the Cam’s. In exchange for this property, the City will permit the Cam’s to acquire .59 acres of City owned property at a future date. This portion of the trail will be constructed once permits from the Oregon Department of State Lands and the U.S. Army Corps of Engineers have been received and the conditions dry up, likely in June or July 2010. DISCUSSION: To construct the Mill Creek Greenway Trail around the eastern edge of Hermanson Pond, the City must acquire .59 acres of land shown as Tract A from the Cam’s (see exhibit A1). In exchange, the City will convey to Cam .59 acres south of Tract A and adjacent to Cam’s property. Since Cam’s plans for developing their property have not been finalized, they would like time to determine the exact configuration of their acquisition parcel. As a result, the Agenda Item Review: City Administrator ___x___ City Attorney ___x___ Finance __x___ íê Honorable Mayor and City Council March 8, 2010 Page 2 City proposes to allow the Cam’s 5 years to select .59 acres from the predetermined area shown as the alternative selection area (see exhibit B1). Prior to the conclusion of the 5-year term, the Cam’s may request a 5-year extension to the time limit for making a selection. The City Council will have the sole discretion in approving the extension request. If no selection is made and no extension is requested within the original 5-year selection period, the City will convey to the Cam’s the .59 acres “default selection” (see exhibit C1). The City will be responsible for paying all escrow and closing costs and will obtain title insurance for the transaction. All of the properties subject to this agreement are similarly valued, unimproved, located within the flood plain, and possess jurisdictional wetlands. FINANCIAL IMPACT: $465,000 was budgeted for the Mill Creek Greenway Trail Project in 2007-2008. Funding included a $210,000 grant from Oregon State Parks, and $255,000 in Parks System Development Charges. Project funding has been carried forward into fiscal years 2008-2009 and 2009-2010. Attachments: City of Woodburn Mill Creek Trail Property Line Adjustment Exhibit A1 Exhibit B1 Exhibit C1 íé íç ìð ìï ß¹»²¼¿ ×¬»³ March 8, 2010 TO: Honorable Mayor and City Council FROM: Scott C. Derickson, City Administrator N. Robert Shields, City Attorney SUBJECT: Taxicab Ordinance and Administrative Enforcement Program RECOMMENDATION: Review and discuss the attached draft Taxicab Ordinance. BACKGROUND: Historically, many years ago, Woodburn had a taxicab ordinance but almost no taxis. The ordinance was repealed by the Council because it required that the City inspect, get proof of insurance, etc. for taxicabs and the City was not meeting these requirements. Recently, with the appearance of a number of taxicabs and no City regulation, the Council requested staff to develop a draft Taxicab Regulation Ordinance and Administrative Enforcement Program for Council consideration. Some taxicab operators have contacted staff during the past few weeks and inquired about the status of the pending Council regulation. Because of this public interest, the City Council may wish to hold a public hearing prior to the enactment of a taxicab ordinance, although no public hearing is legally required. Finally, if a taxicab ordinance is enacted by the Council, staff requests that the effective date be set with enough time so that the public and taxicab operators can be educated by City staff as to the new regulations. DISCUSSION: The taxicab ordinance will be implemented by the Finance Director and Police Chief and its provisions will be enforced by the Police Department. They have participated in the drafting of the ordinance and are available to discuss implementation and enforcement with the Council. Agenda Item Review: City Administrator ___x___ City Attorney ___x___ Finance __x___ ìî Honorable Mayor and City Council March 8, 2010 Page 2 The ordinance is presented for discussion in draft form. After the Council discusses the draft, staff will proceed further as directed. The important points about the ordinance are as follows: Ordinance Application As a local government the City’s jurisdiction is limited to taxicabs that regularly do business in the City. The ordinance states that any “Taxicab Company” that operates Taxicabs and either has its “primary place of business” within the City or “regularly conducts business” within the City (Section 1 J) is subject to City regulation. Taxicab Company Permit Requirements Section 3 requires that a Taxicab Company Permit be obtained from the Finance Director. In addition other administrative requirements, an Insurance Certificate (insurance requirements are set out in Section 8) and an Inspection Certificate (Section 7) must be submitted. All Taxicabs must pass a safety inspection by a Certified Mechanic. Fees No fees are included in the draft ordinance. Recommended fees will be based on the costs incurred by the City for the level of regulation desired by the City Council. Taximeters All Taxicabs must either charge a “flat rate” (“a rate that remains constant regardless of the distance traveled or the time involved”) or have a Taximeter. All Taximeters are subject to the inspection requirements of Section 6. Taxicab Rates Under the ordinance, the City does not set Taxicab rates. However, Section 15 provides that, except for a Taxicab charging a Flat Rate, the rates to be charged to passengers are to be based on the factors of mileage from the point of origin to the point of destination by the most direct route, the time involved, and the number of passengers. No Taxicab may charge any fees or rates other than those that are posted. ìí Honorable Mayor and City Council March 8, 2010 Page 3 Also, a clear and complete summary of a Taxicab Company’s rate schedule must be posted in a conspicuous place in the passenger compartment of every Taxicab. Finally, every Taxicab Company must provide to the Finance Director a copy of its rate summary prior to posting it in the Taxicabs. Except for a Taxicab charging a Flat Rate, a summary of the meter rate in a form approved by the Finance Director shall be placed in a manner to be visible from the outside of every Taxicab. Taxicab Driver Permits Section 9 requires that a Taxicab Driver Permit be obtained from the Finance Director. Specific criminal history and driving record requirements are set out. These requirements are reasonable, legally defensible and protect the public. Operating Regulations Section 12 contains the operating regulations for Taxicab Companies and Taxicab Drivers. Complaints Section 16 requires that every Taxicab shall have posted in a prominent place within the passenger compartment a notice entitled “Complaints” setting forth the address and telephone number of the Taxicab Company to which complaints should be directed and a notice that a record of all complaints shall be open to inspection and review by the City at any time on its request. Also, a Taxicab Company is required to maintain an Annual Log of all complaints for a period of five years that is available to the City on request. Suspension or Revocation The City can revoke or suspend any permits issued under the ordinance if there is a reasonable basis to do so. All appeals of decisions made by the Finance Director under the ordinance go to the Council. FINANCIAL IMPACT: ìì Honorable Mayor and City Council March 8, 2010 Page 4 The Taxicab Ordinance and Administrative Enforcement Program will have a financial impact on the City. The amount of the impact will be dependent on the level of regulation that the Council decides to pursue. ìë ÝÑËÒÝ×Ô Þ×ÔÔ ÒÑò ÑÎÜ×ÒßÒÝÛ ÒÑò ßÒ ÑÎÜ×ÒßÒÝÛ ÐÎÑÊ×Ü×ÒÙ ÚÑÎ ÌØÛ ÎÛÙËÔßÌ×ÑÒ ÑÚ ÌßÈ×ÝßÞÍå ÌßÈ×ÝßÞ ÜÎ×ÊÛÎÍå ÌßÈ×ÝßÞ ÝÑÓÐßÒ×ÛÍå ßÒÜ ÍÛÌÌ×ÒÙ ßÒ ÛÚÚÛÝÌ×ÊÛ ÜßÌÛ , the Woodburn Charter provides that the City shall have all ÉØÛÎÛßÍ powers which the constitutions, statutes, and laws of the United States and of Oregon expressly or impliedly grant; and the above referenced grant of power has been interpreted as ÉØÛÎÛßÍô affording the City all legislative power under the home rule provisions of the Oregon Constitution; and it is the purpose of this Ordinance to require that those persons ÉØÛÎÛßÍô operating taxicabs do so in a safe, fair and efficient manner; and the taxicab industry constitutes an important part of the City's ÉØÛÎÛßÍô transportation system, and transportation so fundamentally impacts the well- being of the City’s citizens that some regulation is necessary to ensure that the public safety is protected, the public need provided for, and the public convenience promoted; and the provisions contained herein should be applied and ÉØÛÎÛßÍô enforced in such a manner as to require the taxicab industry to regulate itself, under City supervision, to promote innovation and adaption to changing needs, and respond to economics of the marketplace, so long as the public interest is served, ÒÑÉô ÌØÛÎÛÚÑÎÛô ÌØÛ Ý×ÌÇ ÑÚ ÉÑÑÜÞËÎÒ ÑÎÜß×ÒÍ ßÍ ÚÑÔÔÑÉÍæ Í»½¬·±² ïò Ü»º·²·¬·±² A.Certified Mechanic. A mechanic who meets all the following criteria: 1. Does not own, lease or drive a Taxicab; 2. Has no financial interest in any Taxicab Company operating within the State of Oregon; 3. Has received ASE (Automotive Service Excellence) A Series (Automobile/Light Truck Certification) master certification; and Taxicab Ordinance Page 1 of 14 ìê 4. Is not employed by any Taxicab Company. B.City Recorder. The City of Woodburn City Recorder or designee. C.Driver. Any person operating Taxicabs as a Driver for any Taxicab Company regardless of whether the vehicles so operated are owned by the company, leased, or owned by individual members of the company. D.Finance Director. The City of Woodburn Finance Director or designee. E.Flat Rate. A rate that remains constant regardless of the distance traveled or the time involved. F.Operate. To drive a Taxicab, to use a Taxicab in the conduct of business, to receive money from the use of a Taxicab, or cause or allow another person to do the same. G.Person. Any individual, partnership, trust, estate, corporation, or other form of business organization recognized by Oregon law. H.Police Chief. The City of Woodburn Chief of Police or designee. I.Taxicab. Any motor vehicle intended to be used for the transportation for hire of persons or property where the destination and route traveled may be controlled by a passenger and the fare is calculated on the basis of any combination of an initial fee, distance traveled, waiting time, or a flat fee. J.Taxicab Company. Any person that operates Taxicabs other than only as a Driver that either has its primary place of business within the city limits, or regularly conducts business within the City, regardless of whether the vehicles so operated are owned by the company, leased, or owned by individual members of the company. K.Taxicab Company Permit. A permit issued under this Ordinance to operate a Taxicab Company. L.Taxicab Driver Permit. A permit issued by the City that the Driver is authorized to operate a Taxicab under this Ordinance. M.Translink Provider. A business or company that has been approved as a provider of transportation services by the federal government by meeting federal standards and receipt of a certificate evidencing such compliance. Taxicab Ordinance Page 2 of 14 ìé N.Taximeter. A mechanical or electronic device which calculates and displays a fare based on an initial fee, distance traveled, waiting time, or any combination thereof. êØÚÉÔÎÏéÜÅÔÚÜÛúÎÐÍÜÏÄíØËÐÔÉëØÌÈÔËØÙnøÅØÐÍÉÔÎÏÊ A.No Person shall operate any Taxicab Company in the City of Woodburn without possessing, in addition to any license required by any other law, a valid Taxicab Company Permit issued pursuant to this Ordinance. A Taxicab Company Permit may not be sold, assigned, mortgaged or otherwise transferred. B.Exemptions to Taxicab Company Permit Requirement. 1. Public Transportation provided and funded in whole or in part by public organizations shall be exempt from the permit requirements of this Ordinance. 2. Courtesy shuttles provided by hotels, motels, and companies providing recreational activities as a convenience for registered guests and paying customers only, where no additional charges apply. 3. Certified Translink Providers that show proof of such certification to the City. êØÚÉÔÎÏ éÜÅÔÚÜÛúÎÐÍÜÏÄíØËÐÔÉüÍÍÑÔÚÜÉÔÎÏÊnôÊÊÈÜÏÚØ A. Application Requirements. An applicant for a Taxicab Company Permit must submit to the Finance Director: 1. Proof of registration with the Secretary of State for any corporate, LLC or LLP entity; 2. Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such; 3. The business name, business address and residence address and telephone numbers of the applicant; 4. A list of any misdemeanor or felony convictions of the owner(s) and officers of the Taxicab Company; 5. The name of the person who will be responsible for and who will oversee the day-to-day operations of the Taxicab Company; Taxicab Ordinance Page 3 of 14 ìè 6. The make, type, year of manufacture, VIN number, and seating capacity of each vehicle that will be operated as a Taxicab under the Taxicab Company Permit; 7. A description of the proposed color scheme, name, monogram or insignia that will be used on the Taxicabs; 8. A nonrefundable application fee in the amount of ___________. B. Insurance Certificate. No Taxicab Company Permit will be issued unless the Taxicab Company provides to the Finance Director a Certificate of Insurance indicating that the insurance requirements of Section 8 of this Ordinance have been satisfied. C. Inspection Certificate. No Taxicab Company Permit will be issued unless the Taxicab Company provides to the Finance Director an Inspection Certificate from a Certified Mechanic as provided in Section 7 of this Ordinance. D. Issuance of Permit. The Finance Director will issue a Taxicab Company Permit upon finding that the applicant has met the requirements of this Ordinance Taxicab Company Permits Í»½¬·±² ìò ß²²«¿´ Ì¿¨·½¿¾ Ý±³°¿²§ Ð»®³·¬ Î»²»©¿´ò shall be renewed upon submission of an annual permit fee in the amount of ___________. Í»½¬·±² ëò Û¯«·°³»²¬ Every Taxicab is to be equipped with the following: A. Except for a Taxicab charging a flat rate, a Taximeter that meets the requirements of this Ordinance. B. A Taxicab charging a flat rate must be equipped with a sign that states “Flat Rate” and specifies the rate. C. A top light identifying it as a Taxicab. D. The company name and telephone number where service can be requested displayed on the exterior of the Taxicab. E. A cell phone or taxi radio dispatching calls for service. Taxicab Ordinance Page 4 of 14 ìç F. A current copy of the Taxicab Company Permit with the approved vehicle’s Vehicle Identification Number (VIN). G. A notice providing information necessary to file a complaint under this Ordinance. Í»½¬·±² êò Ì¿¨·³»¬»® Î»¯«·®»³»²¬ò A. Every Taxicab, except for a Taxicab charging a Flat Rate, must be equipped with a Taximeter in accurate operating condition, with a lighted face that can easily be read at all times by the passenger. B. Every Taximeter must be inspected by a certified taximeter installer and certified at installation, at change in rate, and within 1 year of the last inspection. A certificate of inspection must be issued by a qualified Taximeter repair service upon each inspection. A copy of the certificate of inspection must remain in the Taxicab. C. Certificates of inspection must include: 1. The identifying number of the Taximeter; 2. The make, model and license number of the Taxicab in which the Taximeter is installed; 3. The name of the Taxicab Company; 4. The date of inspection; 5. A statement that the Taximeter has been inspected and approved and that its readings are accurate; and 6. The signature of the individual making the certification. D. A Taxicab Company must keep on file copies of all certificates of inspection of Taximeters. E. Taximeters must operate within the following limits of accuracy: Plus or minus 50 feet in 1 mile and 1 second in 1 minute of waiting time. F. Certificates of inspection may be examined by the City at any time during normal business hours. Taxicab Ordinance Page 5 of 14 ëð G. All Taximeters must be approved by the National Type Evaluation Program (NTEP) as evidenced by a “Certificate of Conformance” issued by an authorized inspector. All Taximeters must have an active NTEP Certificate of Conformance number. Í»½¬·±² éò ×²°»½¬·±² ¿²¼ Ó¿·²¬»²¿²½» ±º Ì¿¨·½¿¾ A. Prior to the issuance of a Taxicab Company Permit, and annually thereafter, each Taxicab shall be examined and inspected by either a Certified Mechanic and shall be found to be in safe operating condition. B. Every Taxicab must have proof of its annual inspection in the vehicle. Proof of the inspection shall be submitted to the Finance Director on an annual basis. Í»½¬·±² èò Ì¿¨·½¿¾ ×²«®¿²½» Î»¯«·®»³»²¬ò A. Coverages and Limits: All Taxicab Company Permit holders must obtain, comply with, and maintain the minimum levels of insurance coverage outlined below during the entire term that the Taxicab Company Permit is valid: 1. Commercial Business Insurance. Taxicab Company Permit holders must secure and maintain a Commercial General Liability policy reflecting limits of no less than $1,000,000 per Occurrence and $2,000,000 Aggregate for covered claims arising out of, but not limited to, Bodily Injury, Property Damage, Personal Injury, and Contractual Liability in the course of the policy holder’s work under the Taxicab Company Permit. 2. Vehicle Insurance. All Taxicab Company Permit holders, regardless of whether the company holds title to a vehicle or not, must provide the City with a copy of a valid Commercial Auto Liability policy reflecting a Combined Single Limit of not less than $500,000 per occurrence for claims arising out of, but not limited to, bodily injury and property damage incurred in the course of the vehicle’s use as a Taxicab. The Commercial Auto Liability policy must comply with the mandatory laws of the State of Oregon and/or other applicable governing bodies. 3. Worker’s Compensation and Employers Liability Insurance. The Taxicab Company Permit holder must secure and maintain a Workers Compensation and Employers Liability policy where required by state law. 4. The Commercial General Liability and Commercial Auto Liability coverage must name the City and its officers, agents and employees as Taxicab Ordinance Page 6 of 14 ëï additional insureds as respects to claims, in the course of the policy holder’s work as a Taxicab Company. 5. The insurance limits are subject to statutory changes as to maximum limits of liability imposed on municipalities of the State of Oregon during the permit’s term. 6. The insurance policy must allow for written notice to the Finance Director 30 days before any policy is canceled, will expire, or be reduced in coverage. Í»½¬·±² çò Ì¿¨·½¿¾ Ü®·ª»® Ð»®³·¬ Î»¯«·®»¼ ß°°´·½¿¬·±² Ð®±½» ú Î»¯«·®»³»²¬ò A. Permit Required. No person may drive a Taxicab that regularly conducts business in the City without a Taxicab Driver Permit issued under this Ordinance. B. Application Documents Required. Applicants for a Taxicab Driver Permit must submit to the Finance Director the items listed below. The failure to submit any of the items listed will result in a denial of the permit: 1. A completed application on a form approved by the Finance Director; 2. A copy of the applicant’s current driver’s license; 3. A copy of the applicant’s non-Oregon driving record for any year in which the applicant was not a resident of Oregon during the last 10 years, regardless of the jurisdiction; and 4. If necessary, any information that reasonably relates to the application or is a clarification of information provided to the Finance Director. C. Photographs. Applicants will be photographed by the City upon submittal of the Taxicab Driver Permit application. The photograph then becomes a part of the applicant’s submittal package. D. Fees Required. Applicants must submit a nonrefundable application fee in the amount of _______________. E. Age, Criminal History, Driving History and Insurability Requirements. Applicants for a Taxicab Permit may not be issued a permit if any of the following conditions exist: Taxicab Ordinance Page 7 of 14 ëî 1. The applicant has a felony conviction in the 10 years preceding the submission of the application; 2. The applicant has a felony conviction involving physical harm or attempted physical harm to a person, regardless of when the conviction occurred; 3. During the 5-year period preceding the submission of the application, the applicant has been convicted of any criminal offense involving: a. Any misdemeanor involving theft, robbery, burglary, assault, sex crimes, drugs, prostitution, or weapons; or b. Any traffic crime, including but not limited to: Driving under the Influence of Intoxicants, Reckless Driving, Attempt to Elude a Police Officer, or Failure to Perform the Duties of a Driver; 4. During the 5-year period preceding the submission of the initial application, the applicant had greater than 10 traffic infractions as defined in ORS 801.557; greater than five serious traffic violations as defined in ORS 801.477; greater than five motor vehicle accidents that are required to be reported to the Oregon Department of Motor Vehicles pursuant to ORS 811.720; or, greater than five of any combination of serious traffic violations or motor vehicle accidents as provided above; 5. During the 10-year period preceding the filing of the initial application, the applicant’s driving privileges were suspended or revoked by any governing jurisdiction as a result of a driving-related incident; 6. The applicant has more than three traffic violations of any kind within the previous 12 months from the date of the application; 7. The applicant does not have at least 2 years’ worth of continuous driving experience in a United States jurisdiction immediately prior to the date of the application’s submission; 8. The applicant is less than 21 years old; or 9. The applicant is unable to obtain car insurance for any reason. Taxicab Ordinance Page 8 of 14 ëí Í»½¬·±² ïðò ×«¿²½» ±º Ì¿¨·½¿¾ Ü®·ª»® Ð»®³·¬å Ì»®³å Î»°´¿½»³»²¬ò A.After an application for a Taxicab Driver Permit is submitted, the Police Chief will provide to the Finance Director a written investigation based upon the requirements of this Ordinance. B. Issuance and Fees. If an applicant submits the required documents and otherwise satisfies all conditions and requirements of this Ordinance, the Finance Director will issue a Taxicab Driver Permit. C. Permit Requirements: A Taxicab Driver Permit must: 1. Contain the permit number, permit expiration date, the driver’s name and the driver’s photograph; 2. Be posted in a prominent place within the Taxicab; and 3. Be inside the vehicle and available for inspection by any customer, passenger, police officer or designated City employee. D. Term. A Taxicab Driver Permit is valid for a period of 12 months from the date of issuance and must be renewed upon expiration. E. Replacements. If a driver’s permit is lost, damaged or stolen, the Finance Director will issue a replacement permit for a fee in the amount of __________. Í»½¬·±² ïïò Ì¿¨·½¿¾ Ü®·ª»® Ð»®³·¬ Î»²»©¿´å Ý±²»¯«»²½» ±º Ú¿·´«®» ¬± Î»²»©ò A. Taxicab Driver Permits must be renewed every 12 months from the date of issuance. B. The following information and the renewal fee must be submitted to the Finance Director no less than 30 days prior to the renewal date: 1. Updated file information if any information in the original application has changed; 2. Payment of the renewal fee of ___________. C. A Taxicab Driver Permit will not be renewed if the driver fails to satisfy any condition that would have been grounds to deny the initial permit, including any criminal activity or driving crimes/violations. Taxicab Ordinance Page 9 of 14 ëì D. If a driver fails to timely pay the permit renewal fee or timely provide the renewal information required by this Ordinance, the Taxicab Driver Permit expires and becomes void. A voided Taxicab Driver Permit requires the former permittee to file an initial permit application and pay all necessary fees required by this Ordinance to obtain a valid Taxicab Driver Permit. Í»½¬·±² ïîò Ñ°»®¿¬·²¹ Î»¹«´¿¬·±² ±º Ì¿¨·½¿¾ Ý±³°¿²·» ¿²¼ Ü®·ª»® A. Taxicab Companies. A Taxicab Company shall not: 1. Allow any Taxicab to be driven that has not been inspected and properly permitted, or 2 Allow a person to operate a Taxicab that does not have a valid Taxicab ò Driver Permit issued pursuant to this Ordinance. B. Drivers. A Driver shall not: 1. Transport a passenger to his destination by any other than the most direct route, unless requested to do so by the passenger; 2. Fail to give a correct receipt upon payment of the correct fare if requested to do so by the passenger; 3. Permit additional persons to occupy or ride in the Taxicab without consent of the original passenger; 4. Unreasonably refuse to transport to a requested destination any passenger who requests services and is able to demonstrate the ability and willingness to pay the fare; 5. Charge a fare higher than the posted rates, or try to defraud a passenger in any way by manipulating devices to cause a registration to be made of a greater distance or more time; or 6. Operate a Taxicab in violation of any Oregon law. Í»½¬·±² ïíò Í«°»²·±² ±® Î»ª±½¿¬·±² A. Any Permit under this Ordinance may be suspended or revoked by the Finance Director if after a reasonable investigation one or more of the following conditions exist: Taxicab Ordinance Page 10 of 14 ëë 1. The Taxicab Company ceases to operate any Taxicab for a period of 15 consecutive days without obtaining permission for the cessation of such operation from the City. 2. The Taxicab Company and/or Driver fails to operate the Taxicab in accordance with the provisions of this Ordinance. 3. The Taxicab Company and/or Driver fails to pay any of the fees or payments required to be paid by the provisions of this Ordinance. 4. The suspension or revocation is necessary to protect the public health, safety, and welfare. 5. The revocation or suspension is otherwise authorized by Ordinances of the city. B. Any suspension or revocation pursuant to this section shall be in writing, setting forth the reasons therefore and the right of appeal pursuant to this Ordinance. C. Except as provided below, any suspension or revocation shall be effective 10 days after mailing a copy thereof by first class United States mail addressed to the Taxicab Company and/or Driver at the business or residence address shown on the Permit application or renewal. D. Notwithstanding subsection (C) of this section, a suspension or revocation may be made effective immediately if the City finds reasonable grounds to believe that: 1. A person holding a Taxicab Driver’s Permit is not covered by liability insurance as required by this Ordinance, 2. A vehicle being operated as a Taxicab is not covered by liability insurance required by this Ordinance, or 3. Continued operation by the Taxicab Company or Taxicab Driver would cause, or is likely to cause, imminent danger to the public health, safety, or welfare. Í»½¬·±² ïìò Í«®®»²¼»® ±º Ý»®¬·º·½¿¬» ±® Ð»®³·¬ Any Permit suspended or revoked by the City shall be surrendered to the Finance Director and the operation of any Taxicab covered by said permit shall cease. Taxicab Ordinance Page 11 of 14 ëê Í»½¬·±² ïëò Î¿¬» A. Except for a Taxicab charging a Flat Rate, the rates to be charged to passengers are to be based on the factors of mileage from the point of origin to the point of destination by the most direct route, the time involved, and the number of passengers. No Taxicab may charge any fees or rates other than those that are posted. B. A clear and complete summary of a Taxicab Company’s rate schedule shall be posted in a conspicuous place in the passenger compartment of every Taxicab. Every Taxicab Company shall provide the Finance Director with a copy this summary prior to posting them in the Taxicabs. C. Except for a Taxicab charging a Flat Rate, a summary of the meter rate in a form approved by the Finance Director shall be placed in a manner to be visible from the outside of every Taxicab. Í»½¬·±² ïêò Ý±³°´¿·²¬ A. Every Taxicab shall have posted in a prominent place within the passenger compartment a notice entitled “Complaints” setting forth the address and telephone number of the Taxicab Company to which complaints should be directed and a notice that a record of all complaints shall be open to inspection and review by the City at any time on its request. B. Every Taxicab Company shall maintain an Annual Log of all complaints received either in writing or by telephone. Each Annual Log shall be kept by the Taxicab Company for a period of five years and shall be accessible to the City upon request. Í»½¬·±² ïéò ß°°»¿´ ¿²¼ É®·¬ ±º Î»ª·»© A. Any Person aggrieved by a decision of the Finance Director under this Ordinance may appeal such action to the City Council by filing a written Notice of Appeal, accompanied by an appeal fee of _____ with the City Recorder within 10 days of the Finance Director’s decision. B. Within 10 days of receiving the Notice of Appeal, the City Recorder will: 1. Set a time for the appeal to be heard by the City Council; 2. Place the hearing of the appeal upon the Council agenda; and Taxicab Ordinance Page 12 of 14 ëé 3. Notify the aggrieved Person and the Finance Director of the time set no less than 10 days prior to that time. C. The aggrieved Person may appear personally, via a company representative, and/or by counsel and present such facts and arguments as may tend to support the appeal. D. The Finance Director will provide the City Council with a staff report outlining the decision and the reasons therefore. E. The City Council will uphold the Finance Director’s decision, reverse it, or modify it with any conditions that the City Council deems appropriate. The City Council’s final decision shall be in written and supported by findings. F. All final decisions by the City Council under this Ordinance shall be subject only to Writ of Review in the Marion County Circuit Court pursuant to ORS Chapter 34. êØÚÉÔÎÏ çÔÎÑÜÉÔÎÏníØÏÜÑÉÄ A. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class 1 Civil Infraction and may be processed according to the procedures contained in the Woodburn Civil Infraction ordinance. B. Each day that a violation of this Ordinance is committed or permitted to continue shall constitute a separate Civil Infraction. C. The remedies provided for in this Section are cumulative and not mutually exclusive. . The sections and subsections of this Ordinance are Í»½¬·±² ïçò Í»ª»®¿¾·´·¬§ severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. . The repeal of any ordinance by this Ordinance shall not Í»½¬·±² îðò Í¿ª·²¹ preclude any action against any person who violated the ordinance prior to the effective date of this Ordinance. This Ordinance is effective on ___________. Í»½¬·±² îïò Ûºº»½¬·ª» Ü¿¬»ò Approved as to form:__________________________ City Attorney Date Taxicab Ordinance Page 13 of 14 ëè APPROVED:_____________________ Mayor Passed by the Council: ________________ Submitted to the Mayor: ________________ Approved by the Mayor: ________________ Filed in the Office of the Recorder: ________________ ATTEST____________________________ City Recorder City of Woodburn Taxicab Ordinance Page 14 of 14 ëç ß¹»²¼¿ ×¬»³ March 8, 2010 TO: Honorable Mayor and City Council FROM: Scott C. Derickson, City Administrator N. Robert Shields, City Attorney SUBJECT: Access to Ordinances Project COUNCIL GOAL: Refine City Policies. Complete long-range financial plan; create clear municipal regulations and codes for greater understanding and eliminate unnecessary over-regulation. RECOMMENDATION: Information only. BACKGROUND: During the last several years, the City has made significant efforts to adopt and maintain a modern set of ordinances. Much progress has been made. In approximately the last five years, the following significant ordinances were passed by the City Council: (1) Park Exclusion Process (2) New Noise Regulations (3) New Public Contracting Rules (4) Urban Growth Boundary Amendment (5) New Regional Automated Information Network (RAIN) Agreement (6) Business Registration Revision (7) Police Training Assessment (8) Sewer and Water Outside City Boundaries (9) Tree Ordinance Revision (10) Police Inventory Searches (11) Library Rules of Conduct (12) Graffiti (13) New Building Code Agenda Item Review: City Administrator ___x___ City Attorney ___x___ Finance __x___ êð Honorable Mayor and City Council March 8, 2010 Page 2 (14)Woodburn Development Ordinance (WDO) Amendments; (15) Tree Regulations (16) Newsrack Regulation (17) Municipal Judge Appointment Process (18) New Water Disconnection Procedures (19) New Animal Control Regulations (20) New Transportation Systems Development Charges (SDCs) (21) Rental Housing Regulations (22) New Garbage Franchise DISCUSSION: Despite substantial progress in ordinance adoption and revision, access to these ordinances is more complicated than it needs to be given the capabilities of modern technology. This makes usability of the ordinances more difficult for the Council, City staff and the general public. To remedy this problem, we have formed the Access to Ordinances Working Group. This group consists of the City Attorney, the City Recorder, the IS Manager and the Executive/Legal Assistant and is tasked as follows: TaskInvolved Staff Time Frame 1. Update existing City Attorney April 15, 2010 Executive/Legal Assistant Ordinance Compilation in present format. 2. Develop new format for City Attorney May 29, 2010 ordinance access. (Except IS Manager for the “hard copies” Executive/Legal Assistant maintained by the City Recorder, all Ordinance access will be electronic.) 3. Beta testing of new City Attorney For first 30 days after new format. IS Manager format is developed. 4. Training of Staff and City Attorney For first 30 days after new Council on new format. City Recorder format is developed. IS Manager 5. Future Ordinance revisions City Attorney On an ongoing basis City Recorder will be electronically incorporated into new IS Manager format as they are made. FINANCIAL IMPACT: None. êï