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Agenda - 07/14/1997e AGENDA WOODBURN CITY COUNCIL JULY 14, 1997 - 7:00 P.M. City of Woodburn 270 Montgomery Street * * * Woodburn, Oregon CALL TO ORDER AND FLAG SALUTE A. Council minutes: June 2, 1997 workshop and special meeting. June 16, 1997 workshop and special meeting. June 23, 1997 regular meeting. June 30, 1997 workshop and special meeting. B. Planning Commission minutes of June 26, 1997. APPOINTMENTS/ANNOUNCEMENTS/PRESENTATIONS ~,PPOINTMENTS ~.NNOUNCEMENTS A. Continuation of Liquor License Application - Raven Inn July 28, 1997, 7:00 p.m. pROCLAMATIONS B. National Night Out - Tuesday, August 5, 1997. COMMITTEE REPORTS A. Chamber of Commerce B. Other Committees COMMUNICATIONS BUSINESS FROM THE PUBLIC 97071 3A.3 (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) PUBLIC HEARINGS TABLED BUSINESS A. Council Bill No. 1758 - Ordinance increasing local gas tax. B. WDA request for removal of trees on Front Street. Page 1 - Woodburn City Council. Agenda, July 14, 1997 16. 11. 12. 13. 14. C. WDA request for parking restrictions. GENERAL BUSINESS A. Council Bill No. 1811 - Ordinance amending Section § of Ordinance 1900 (Discharge of Weapons). Council Bill No. 1812 - Resolution authorizing interfund borrowing of funds at June 30, 1997. Council Bill No. 1813 - Resolution authorizing interfund borrowing of funds during FY 1997-98. Council Bill No. 1814 - Resolution entering into an agreement for professional services with Murray, Smith & Assoc. for maintenance work on water storage reservoir. Council Bill No. 1815 - Resolution entering into an agreement with Pacific Netcom, Inc. for telecommunications consulting services. F. Payment authorization for repair of Mill Creek pump #2. G. Contract award: alley rehabilitation project. H. Acceptance of utility easements on Astor Way. I. Acceptance of warranty deed at the end of Mar Cel Drive. J. Acceptance of public right-of-way and utility easement north of proposed Robin Avenue. K. Approval of connection to city services of property located at 1570 Blaine Street. L. Sound amplification request for Fiesta Mexicana. M. Sound amplification request for Centro Cristiano function on July 19, 1997. N. Request that Police Chief be given authority to authorize street closures on Tues., August 5, 1997 from 6:00 to 10:00 p.m. in connection with National Night Out. APPROVAL OF CLAIMS PUBLIC COMMENT NEW BUSINESS SITE PLAN ACTIONS A. Planned Unit Development, Stage II Design Review Greens at Tukwila 1-0A lOO 10F 10H 101 10J 10K 1OM 10N 14A Page 2 - Woodburn City Council Agenda, July 14, 1997 15. 16. 17. 18. 19. STAFF REPORTS A. LUBA remand of LaPointe Texaco/Exxon. B. Award of Housing Rehabilitation Grant. C. Water supply to Centennial Park. D. Aquatic Center Update. E. Summer water use information for the public. F. Building Activity for June 1997. CITY ADMINISTRATOR'S REPORT MAYOR AND COUNCIL REPORTS EXECUTIVE SESSION ADJOURNMENT Page 3 - Woodburn City Council Agenda, July 14, 1997 COUNCIL WORKSHOP MEETING MINUTES June 2, 1997 3A.1 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, 'COUNTY OF MARION, STATE OF OREGON, JUNE 2, 1997. 0003 CONVENED. The Council met in a workshop session management/non-union compensation issues at 7:16 p.m. with Mayor Kirksey presiding. _ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present (7:50 pm) 0010 Staff Present: City Administrator ChiMs, City Attorney Shields, City Recorder Termant Administrator Childs stated that this workshop had been called to review (1) the methodology of the management/non-union compensation study, (2) receive a status report on the performance evaluation form, and (3) to discuss the Budget Committee's recommendation to limit the appropriations for management/non-union salaries. In regards to the development of new performance evaluation forms which will be used in conjunction with the merit salary range, a general meeting with the executive management staff and consultants was held in early spring. Staff input has been evaluated by the consultants and the next step is for the consultants to interview each staff member in order to determine performance standards for each job. Even though we are ready to proceed with this process, he has elected to put this project on hold pending the outcome of this meeting. I-Ie briefly reviewed the study completed by our consultants which provided for a full compensation study (wages and benefits). The consultants also recommended the placement of positions within grade levels based on both internal and external comparisons. The consultants interviewed each manager and non-union employee to obtain accurate job information before they proceeded with re-writing our job classifications and obtaining salary data from a pre-determined list of comparator cities and/or agencies. Following a Council workshop with the consultants, it was decided to implement a competency/merit salary structure which provides for an entry range, 3 steps, and a merit range. It was determined that market average of the positions was at Step C of the salary structure since merit pay should be above market since work performed exceeded expectations and is a reward for exceptional work. The entry range was created in order to give some flexibility in hiring an individual who has previous Page 1 - Council Workshop Meeting Minutes, June 2, 1997 COUNCIL WORKSHOP MEETING MINUTES June 2, 1997 3A.1 TAPE READING experience and circumstances warrant a salary at an amount higher than the base entry level. In order to move to Step A, it takes 1 year to 18 months depending on whether or not the employee starts at the beginning salary level or with an amount that is within the range other than the beginning salary level. In November 1996, the Council adopted a Resolution that implemented the new salary structure, authorized the wage adjustments, and provided rules to be followed in implementing the new plan. He reminded the Council that some positions within the City did not have comparable matches with other cities/agencies, therefore, the consultants placed these positions into grade levels based on internal job comparisons. O433 Councilor Figley commented on the grid structure and her perception of what had occurred as a result of the study. In general, reasonable comparables were used to determine market averages and, as she had anticipated, about one-half of the employees within the study had minimal, if any, changes while the other half of the employees were definitely underpaid. The issues at hand are 1) implementing the merit wages and 2) how to take care of those employees who were underpaid as per the study results. Administrator Childs referred to his memo November 7, 1996 which outlined recommended policy decisions regarding the implementation of the study. He stated that the Consultants had assigned the grade levels for each position. He reviewed the individual placement of positions within a specific grade level based on length of service with the City. He stated that 3 positions received no change in salary since their salary was already in the merit range or their salary was already in the entry level range where it should be due to tenure in the position. There was also a Police Sergeant position that did not receive a change in base pay, however, he will be eligible for a step increase on July 1, 1997. In this case, he had originally been placed at the top of the old scale since internal compression between Sergeant pay and top patrol officer pay was so close that it was necessary to place him at the top step in order to give him at least a 5 % pay differential between the two positions. As outlined in the memo, the approximate cost to implement the proposed schedule (includes all departments) was $6,400 per month which included salary and related benefit expenses. At the workshop with the Consultant, it was brought out that about half of the employees within the study would need 5 % or more salary increase in order to bring them up to the market level. Brief discussion was held regarding the summary of 1996-97 Personnel Services costs (adopted and estimated expenditure) in the first part of the budget document since concern was expressed in why different classifications within the same pay grade at the same step level were not shown as having the same base pay. Staff stated that it would take one full budget year with those individuals getting the same base pay before it would show the same amount of annual base pay since the current pay adjustments were implemented mid-year. Page 2 - Council Workshop Meeting Minutes, June 2, 1997 COUNCIL WORKSHOP MEETING MINUTES June 2, 1997 ,3A.1 TAPE READING Councilors Pugh and Sifuentez expressed their views on the implementation of the study since they feel that the implementation should have been taken place over 2 or 3 years. Administrator Childs stated that the 1997-98 budget allowed for a 3% COLA adjustment and did not provide for the ability of employees to move into the Merit range. However, if no COLA adjustment is provided for by the Council, there would be flexibility within the budget to give some merit increase to those employees who are eligible and deserving of a merit increase. He also expressed his concern regarding the potential of not granting eligible employees a 5 % step increase during the year even though they may have received an adjustment in November. Further discussion was held regarding the Budget Committee's recommendation to place a cap (4%) on personnel base salary expenses for 1997-98. Several Councilors felt that the cap should be implemented, however, the Council will still need to address the question of how to deal with this situation in future years. It was suggested that positions that received increases in excess of the Budget Committee's recommendation receive the same base pay during the 1997-98 budget year. Administrator Childs suggested that, in order to try and honor the Budget Committee's motion, the Council give a reduced COLA or defer the ability to move into the merit system. In any event, he urged the Council to stay consistent with the whole schedule. Councilor Figley stated that merit pay requires more sophistication in order to implement, and at this time, we still do not have a new performance evaluation program in place. She also expressed her concern about holding salaries at the same level since a majority of the non-union/management employees have been with the City many years which is why they were placed at Step C on the new schedule. She reiterated that the study was to analyze internal job relationships to insure equal pay for job performed. She feels that two things that should be looked at and/or decided upon: 1) the ratios and relationships amongst the salaries has some validity and if COLA is given, it needs to be done across the board otherwise it interferes with the relationships, and 2) defer anyone going into the merit range for at least another year which would give the City time to implement this aspect of the study. Councilor Jetanings and Pugh stated that they did not object to the results of the study, however, they did object to the speed in which the implementation took place. Councilor Jennings expressed his opinion that the Council needs to look at ways of making adjustments beginning in 1998-99 to bring those employees within the same grade/step level be paid the same base salary. Councilor Pugh expressed his opinion that the Council is losing a basic message from the taxpayers in that Ballot measures 47/50 were passed to limit property taxation and it is irresponsible for the Council to grant large pay increases in light of reducing programs and lay-off of personnel. Page 3 - Council Workshop Meeting Minutes, June 2, 1997 COUNCIL WORKSHOP MEETING MINUTES June 2, 1997 3A.1 TAPE READING Further discussion was held on how the City may want to implement future adjustments in order to bring all of the affected (management and non-union) employees under the schedule at specific step levels. They looked at options as to how to deal with the 1997- 98 salaries for those employees who exceeded the 4% over the 1996-97 budgeted amount. It was the opinion of several Councilors that no one should lose their current base salary amount, however, no adjustments should be made (COLA or steps) if it exceeded the Budget Committee motion. Administrator Childs reminded the Committee that the budget does provide for a 3 % COLA which would maintain the balance between management/non-union employees and the AFSCME employees who, by contract, are scheduled for a 3 % COLA effective July 1, 1997. In regards to the Woodburn Police Association, their contract expires on June 30, 1997 and it is unknown at this time what COLA amount, if any, would be agreed upon by the parties or, if applicable, awarded by an arbitrator. Tape 2 Further discussion was held regarding COLA adjustment to the matrix in order to keep the salary schedule increasing by an amount similar to the COLA adjustment given to union employees. In summary, a majority of the Councilors agreed that, for fiscal year 1997-98, the following policy be followed: (a) the salary/merit schedule be increased by a 3 % COLA; (b) base salary for individual positions that exceeded the 4% 1996-97 budgeted amount remain status quo for 1997-98 resulting in these positions not being a specific step level; (c) merit range increases would be delayed until 1997-98; and (d) step increases would not be given if the total increase exceeded the 4% limit. It was the consensus of several Councilors that this issue should be looked at more closely prior to the preparation of the next budget so that a plan can be established as to how future adjustments can be implemented including the merit range increases. 0437 ADJOURNMENT. The workshop was adjourned at 8:58 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 4 - Council Workshop Meeting Minutes, June 2, 1997 3A.1 SPECIAL COUNCIL MEETING MINUTES June 2, 1997 TAPE READING 0450 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 2, 1997. CONVENED. The Council met in special session at 9:00 p.m. with Mayor Kirksey presiding. The purpose of the meeting was to discuss the interim management of the Parks Department. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present 0474 Staff Present: City Administrator Childs, City Recorder Tennant INTERIM MANA~g&~T OF PARKS AND RECREATION PROGRAM. Councilor Jennings stated that he had received several calls from local residents suggesting that the City Administrator assume the role of Parks & Recreation Director rather than hiring an interim manager. However, he also stated that he would not object to the hiring of an individual on a temporary basis to do administrative work under the direction of the City Administrator. Mayor stated that she had called this meeting since she knew there was concern on the part of the Council as to how management of the Department would handled during the interim. She stated that she had previously spoken to some of the Councilors who expressed an interest in having the City Administrator assume the role of Park & R%creation Director during the interim, however, the Administrator wished to have the Councilors express their views on this issue. Councilor Figley stated that her thoughts on this subject are similar to Councilor Jennings' comments. However, she does have a strong objection in that anyone now a supervisor in that department should be officially appointed as interim director. She feels that the Administrator could be assigned the extra duties. An alternative would be to bring a temporary whose background is personnel rather than parks to (1) oversee the administration of the department, {2) look at some political and personality issues that do exist in the department, and (3) work on an upgraded job description. Page 1 - Special Council Meeting Minutes, June 2, 1997 3A.1 SPECIAL COUNCIL MEETING MINUTES June 2, 1997 TAPE READING Councilor Pugh expressed his opinion that the position remain vacant for the full budget year and the Administrator assume the role of Park and Recreation Director in addition to his regular duties. During the fiscal year, the Administrator would have ample time to prepare an organizational study for the following fiscal year. He also stated that he did not want an employee within the department to assume an interim appointment nor did agree with the hiring of an outsider to fill a temporary position. Councilor Sifuentez stated she did not want to hire a temporary employee and that she would support the Administrator as an interim Director for as long as he could do it whether it be 2 or 3 months. Councilor Chadwick expressed her opinion that it would probably be best if the Administrator is appointed as interim Director until a new person is appointed. Councilor Hagenauer agreed that the Administrator would be a good choice to take on the interim Director position and he objected to appointing any supervisor within the Park and Recreation program as interim Director. Mayor Kirksey stated that another alternative may be the appointment of an individual on the Park Board who would be willing to work on a temporary, part-time basis as an interim Director. Councilor Jennings suggested that some of the goals in Parks may need to be slowed down, with the exception of Centennial Park, until such time as a permanent Director is hired. 0770 Administrator Childs stated that, in summary, the majority of the Council favored his assumption of the role as Park & Recreation Director for the interim period. He stated that the hiring process will take approximately 3 months from the commencement of the advertising period to the hiring of an individual. He felt that starting the process now will still give the Council an opportunity to review the existing job description and make necessary changes before the interview process begins. During the interim period, certain projects will be placed on hold while others, such as the Parks Master Plan and Centennial Park project will continue to progress as planned. Other responsibilities that will be necessary during this period is general oversight of the department, personnel management, development of a marketing plan for the aquatic center, need to hire a part-time individual to schedule rental of the Community Center, and closeout of the FEMA grant for the pool. He stated that he would do his best to fill this Page 2 - Special Council Meeting Minutes, June 2, 1997 3A.1 SPECIAL COUNCIL MEETING MINUTES June 2, 1997 TAPE READING position even though it will take time from all of his other duties. He reiterated that he did not want his primary function jeopardized in any manner nor did he want to not be able to give the Park & Recreation department the full degree of attention that it deserves. He recommended that the Council seriously consider an executive level temporary service which deals primarily with local government who could provide us with an individual to help with the administrative work of the department. This is the same agency that Mt. Angel is using during while they are recruiting for a new City Administrator. Councilor Pugh expressed his opinion that direct involvement by Administrator Childs at this time will give him a better insight on how the department should be organized and/or restructured before the hiring process begins. Councilor Sifuentez stated that managers are taking on more responsibilities and they are learning first hand what the department's needs are in the overall picture. She feels that knowing the administrative aspects of Parks and Recreation will enhance the City Administrator's overall knowledge of city operations. Councilor Jennings and Figley suggested that a Centennial Park Task Force be appointed to work towards completion of this project. Mayor Kirksey suggested that the Administrator delegate some of the administrative work to other management employees. As an example, the Finance Director be could be assigned the FEMA grant closeout since he has an expertise in financial reports. 1135 JENNINGS/SIFUENTEZ... recommend to the City Administrator that he fill the position of Park & Recreation Director until a new Director is found. Councilor Pugh stated that he wants to wait one year before it is filled in order to give the Administrator sufficient time to present a good organizational structure based on his knowledge of the programs. Councilors Figley and Jennings that some delay can be expected but not for a specific period of time. The vote on motion was 5-1 with Councilor Pugh voting nay. For the record, Councilor Pugh stated that his no vote was not against the motion but for the fact that there was no time constraint. 1300 JENNINGS/PUGH .... Mayor ask two members of the Council and 2 members of the Park Board to serve with the City Administrator on a screening committee for a candidate for replacement. Mayor Kirksey stated that Woodburn Together has contacted her requesting that they have a representative on the screening Page 3 - Special Council Meeting Minutes, June 2, 1997 3A.1 SPECIAL COUNCIL MEETING MINUTES June 2, 1997 TAPE READING committee because of the impact our recreation programs have on children. Administrator Childs stated that he is sensitive to the situation and would like the latitude to pursue the recruitment process without designating specifically who would be on the committee. Councilor Jennings and Figley expressed their desire to insure that Council and Park Board is involved in the process so that there is a consensus as to who is ultimately hired. Dave Vancil, Woodburn Together, encouraged the Administrator and/or Council to appoint a member of their organization to the screening committee and/or be allowed to give input into the qualities of a Director since their group has a close working relationship with the Director and is very involved in the Parks & Recreation youth programs that are provided to the community. It was the consensus of the Council that the motion on the floor is a base in which to go by and the Administrator can add to the screening committee as he sees fit. The motion passed unanimously. 1585 JENNINGS/SIFUENTEZ .... recommend the appointment of a Task Force to work on Centennial Park which would include, as a minimum, Kathy Figley, Mel Schmidt, Randy Scott, and John Pitt. Councilor Jennings expressed his opinion that, with the appointment of the Task Force, this project will proceed rather than being delayed another construction season. Mel Schmidt stated that, as a new member on the Park Board, he does feel a little out of place on the Task Force but is willing to do what he can get this project going. Mayor Kirksey stated that she would talk to the individuals to see if they are willing to serve on the task force. The vote on the motion passed unanimously. 1742 Discussion was also held on establishing a timeline in which to hire a new Director. Councilor Jennings stated that Council should leave it up to the Administrator to come up with a plan based on Council discussion and recommendations made at this meeting, and let him exercise his leadership and authority to proceed with the recruitment process. Councilor Pugh reiterated his desire to see a good organizational plan in place before a new person is hired for the position. Administrator Childs stated that updating and/or revising an organizational plan should be one of the responsibilities of the new Director in order for them to put together a good program. Page 4 - Special Council Meeting Minutes, June 2, 1997 TAPE READ ING 1932 2039 3A.1 SPECIAL COUNCIL MEETING MINUTES June 2, 1997 Mayor Kirksey stated that she has had several Councilors and Budget Committee members suggest that the position should be combined to a Park Director/Pool Manager since this is the way of the future. Councilor Jennings suggested that the aquatics marketing plan work by an outside consultant be placed on hold until a new Director is hired since a new Director may be experienced in this area. David Vancil stated that there is about $3,500 leftover in woodburn Together accounts that is dedicated to the pool and it has been suggested that the formation of a group, "Friends of the Woodburn Aquatic Center", could use the money as a operating fund. One of the projects delegated to this group could be the marketing of the pool once the evaluation is done by city staff. Mayor expressed her opinion that the Council knows what the criteria is for Park Director before it is advertised. Administrator Childs stated that he would try to prepare a staff report for the next meeting that might describe a means in which anyone interested in having some input on the criteria could convey the information to him. Mayor Kirksey stated that is necessary to have this process be open and have community input. ADJOURNMENT. JENNINGS/SIFUENTEZ .... meeting be adjourned. passed unanimously. The meeting adjourned at 9:48 p.m.. The motion APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 5 - Special Council Meeting Minutes, June 2, 1997 COUNCIL WORKSHOP MEETING MINUTES June 16, 1997 3A.2 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 16, 1997. 0003 CONVENED, The Council met in a workshop session on a yard waste recycling program at 7:43 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor laugh Present Councilor Sifuentez Present 0059 Staff Present: City Administrator Childs, Public Works Manager Rohman, City Recorder Tennant Yard Debris Recycling Committee members: Henry Jaeger, Tom Waggoner, Preston Tack, Charlotte Hiller, Jack Donnelly, Dallas Figley Jim Sears, Marion County Solid Waste Director, requested the Council to support the curbside collection of yard waste. This is a county wide issue for a number of reasons, one of which is movement towards the statewide goal of 50% reduction at landfills (currently at about 29% county wide). All cities over 4,000 have the responsibility to help move the county towards the goal. Implementation of yard waste and mixed waste paper which is also proposed at this time. Secondly, the waste burner facility is close to capacity and by implementing yard waste collection and removal, the amount of waste can be reduced. Finally, recycling is a better use environmentally, namely through composting. He believes that the yard waste recycling program needs to be implemented and provide the opportunity for the residents to recycle by providing a container for that purpose. The difference between Salem's program and the proposed City program is that Salem did away with the 90 gallon rollcart. Their studies show that there is about a 30% reduction by weight when you do not include yard waste and mixed waste paper, therefore, the rollcart could be reduced to a 63 gallon cart and still provide adequate container space for other waste products. He is concerned that, in allowing for a 90 gallon rollcart, residents may decide to continue past practice and not use the yard waste recycling program. He urged the City to reconsider the proposed option of the 90 gallon rollcart. Page 1 - Council Workshop Meeting Minutes, June 16, 1997 3A.2 COUNCIL WORKSHOP MEETING MINUTES June 16, 1997 TAPE .READING 0177 Public Works Manager Rohman reviewed the Yard Debris Recycling Committee report which recommended that an automated pick-up system would be provided and all cans would be provided by United Disposal. The proposed container size designed specifically for yard waste is 65 gallon. The Task Force was intent on allowing the residents to select an option for size of a garbage container whether it be 95 gallons, 65 gallons, 35 gallons, or 20 gallons. One reason for the options is that in the winter time when yard waste is not filling the container, some residents still fill the 95 gallon container to the top with garbage. United Disposal Service will be requesting a rate adjustment due to the additional costs in implementing the yard waste recycling program. It was noted that the last increase granted to United Disposal was in 1992. If approved, the program would be implemented around March 1, 1998 since it will take some time for UDS to order the new equipment and March is generally the first month following winter in which residents would see a need for the yard waste container. An extensive publication progran~ will be required to let residents know what will be happening and provide information on options that will be available to them. 0430 Sam Brentano, United Disposal Service, stated that his company does want to work toward meeting statewide recycling goals, providing an alternative to backyard burning, and to prolong the life of the waste-energy facility in Brooks. Full automation will also minimize the need for future rate increases since one of the large costs is labor. This program was started in Wilsonville and Tualatin about 5 years ago and, initially, residents were reluctant to accept a program which was forced upon them but within a few weeks they liked the program and found it of value. Once the program is in place, there will be a different vehicle used for each purpose - garbage, yard waste, and recycling of other debris. Under the proposed program, each household would be given a 60 gallon roll cart which should provide adequate space for yard debris, however, if it may require a customer to hold over some of their yard debris for a little longer in order to have it all recycled at no extra cost. Weekly service would be provided for yard debris recycling. For garbage collection, several rollcart sizes would be available with rates determined upon the size of the cart and the 90 gallon cart will not realize a discount in rates since the goal is to reduce waste and promote recycling. At this time, 14 items can be recycled by customers. It was noted that the yard waste recycling program would be made available to single family residents rather than to multi-family, commercial, or industrial customers. He did state that UDS would be willing to work with a apmlauent complex to provide a drop box for yard waste recycling. During a brief discussion regarding rate increases, Charlotte Hiller stated that the residents will be paying for the service, however, recycling is an overall benefit to the community similar to other types of programs people pay for even though they may not use those programs. Page 2 - Council Workshop Meeting Minutes, June 16, 1997 COUNCIL WORKSHOP MEETING MINUTES June 16, 1997 3A.2 TAPE READING Mary Kanz, Mid-Valley Recycling, stated that one concern of residents is that they have limited space to store the second container. It was also noted that if statewide goals are not met, the choice as to Whether or not recycling programs are put in place may be taken away from the customers. In regards to rates, the mounts listed in the staff report will be fairly close to the amounts submit to the City for consideration. Mr. Brentano stated that residential and drop box rates have been low and the adjustments take into consideration these shortages in order to make the rates more equitable to all customers. Preston Tack suggested that rate information be in the first part of any educational brochure so that customers know early on how much it will cost in relationship to the services provided. Mr. Brentano assured the Council and Committee that they will be spending a lot of money on trying to educate the customers on the new program so that the customers can make a choice on the size of garbage container. 1267 Jim Sears briefly answered questions regarding gases that are emitted from the burner facility and how often those reports are made available to the public. He stated that there are different schedules that are followed and those reports are submitted to the Department of Environmental Quality. He also stated that medical waste at the burner facility has dropped off and it is not expected to take any more medical waste. A County Advisory Council is now addressing these issues and, on August 12th, they will be having a panel to address the dioxin level. It was noted that the dioxin level emitted into the air from the burner facility is not as hazardous as the dioxin level emitted by diesel trucks traveling down I-5. Mayor Kirksey questioned if landfill rates would be reduced for pickup loads of yard debris if the emphasis is on recycling. Mr. Sears stated that rates would probably remain the same at the landfill site. Some discussion was held regarding potential inequity to customers who do not utilize the yard debris recycling container and yet they pay the same rate for garbage service. Public Works Manager Rohman stated that exemption programs had been tried in other cities but it ended up being difficult to administer and often times unfair to some of the customers. It is also hoped that customers will place their leaves in the container over a period of weeks which would reduce the amount of leaves that are raked out into the street and picked up by the City. The City would be encouraging residents to utilize the yard debris recycling program as much as possible. Mr. Brentano stated that his company will need about 6 months to implement the program once rates are adopted. Public Works Manager Rohman stated that the process will include a formal proposal Page 3 - Council Workshop Meeting Minutes, June 16, 1997 COUNCIL WORKSHOP MEETING MINUTES June 16, 1997 3A.2 TAPE READING from United Disposal Service followed by staff review of the proposal, a public hearing, and adoption of the rates by the Council. Public education will be a major emphasis prior to the implementation of the program. Mary Kanz briefly described the educational aspect of the program which includes reminders once the program is in place. 1764 The workshop concluded at 8:37 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 4 - Council Workshop Meeting Minutes, June 16, 1997 3A.2 SPECIAL COUNCIL MEETING MINUTES June 16, 1997 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 16, 1997. CONVENED. The Council met in special session at 6:45 p.m. with Mayor Kirksey presiding. The purpose of the meeting was to discuss the job description/title for the vacant position of Parks and Recreation Director. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Childs, Public Works Director Tiwari, City Recorder Tennant 0023 Mayor Kirkey stated that she had called this meeting to discuss the combination of the Parks and Recreation Director and Aquatics Manager positions. She had invited Budget Committee and Park Board members to attend this meeting in order to get their input on combining the management responsibilities of these positions. During the budget process, combining the positions was not an option since the Director at that time was not qualified to be a pool manager. In her opinion, this is an opportune time for the Council to c9nsider the options before the position is advertised. Flurry Stone stated that the original process in trying to get a new aquatic center it did include the hiring of a pool manager since the Park & Recreation Director did not have specific expertise in that area. During the budget meetings, it was brought up that the Director could help to manage the pool. With the loss of our.Director, it gives the City an opportunity to look at the pool manager position as a combination Parks & Recreation Director/Pool Manager position. In his position at Bonneville Power, he did a study which showed that management positions are being combined and the typical ratio of management employee supervising other employees is 1 to 40, however, Bonneville has adopted a 1 to 30 ratio. In his opinion, this is something the City should be looking at in order to reduce the number of management employees. Page 1 - Special Council Meeting Minutes, June 16, 1997 3A.2 SPECIAL COUNCIL MEETING MINUTES June 16, 1997 TAPE READING Frank Anderson, Park Board Chairperson, stated that we have an opportunity to look for an individual who has different skills and background since this is the first time we have had an opportunity to look for a Recreation Manager when we have had something significant as a year-round indoor pool. The Aquatics Center has been a major drain on the Parks & Recreation funding and he encouraged the Council to at least investigate and search for a person who might be able to do both positions but not limit the search to combining the positions. Bruce Thomas questioned if the current job classification includes overseeing the pool functions and supervises the Pool Manager. Mayor Kirksey stated that he was correct in that the Parks & Recreation Director does oversee the pool management. David Vancil stated that the City should be looking at an individual's knowledge, skills, and ability to manage our aquatics facility as well as other recreation and maintenance programs. It is not his intent to lose a full-time employee at the aquatic center rather to use the pool manager's position in a different way. Wendy Veliz supports the idea of hiring an individual who does have the skills and ability in operating the aquatic center. Bruce Thomas expressed his concern with spreading the Park & Recreation Director too thin if this individual is expected to have complete management responsibility of the pool in addition to all other recreation and park management responsibilities. Tom West questioned when the Director position had to be filled and if anyone had an idea what the salary level would be for this position. Councilor Pugh stated that the salary issue will need to be reviewed once it is determined what duties will be delegated to the new Director. Lee Ehrens, Park Board member, expressed his opinion that it will be difficult to find an individual who is well-qualified to direct the management of park maintenance and recreation program in addition to being fully trained to manage an aquatic center. He feels that the Director's job is to oversee the programs and activities of the department to make sure they run smoothly not to run the daily operations. Barbara Lucas expressed her opinion that the Park & Recreation Director and the Aquatics Pool Manager should be two separate positions. She also questioned what the Council's intention would be regarding the current Pool Manager. Councilor Figley stated that she is would also like to get some feedback from the other Councilors and/or public as to Page 2 - Special Council Meeting Minutes, June 16, 1997 3A.2 SPECIAL COUNCIL MEETING MINUTES June 16, 1997 TAPE rEADING what they have planned regarding current pool staff. She stated that, in her reading of the job description, there are phrases that refer to directing the activities of the pool and supervising the pool manager. She agreed that strong consideration should be given to an applicant who is well- qualified in both areas but does not feel that we should limit ourselves to accepting applications from individuals who are qualified in both areas. David Vancil stated that this vacant position is giving the City an opportunity to re-prioritize the job qualifications and, for example, place more emphasis on aquatic management in the position description. He did not feel that it was absolute to entitle the position as Park & Recreation Director/Aquatics Manager. 0492 Flurry Stone stated that the Budget Committee should not look at personality. They looked at total number of dollars available for the program. With the resignation of Nevin Holly, now is the time to look as what you can do and, if it can be accomplished, a manager should be well-versed in all facets of parks and recreation programs. Councilor Figley stated that the Council is looking at two different issues - (1) how can we accomplish the work with fewer managers, and (2) issues on personnel need to be treated separately. In any event, managers do need to be given a sufficient number of employees to do the work required and for them to do it well. Councilor Jennings questioned the Budget Committee members if they agreed that 2 full-time employees are needed at the aquatic center for purpose of safety. If this is the case, then maybe the Pool Manager title should be changed to Pool Supervisor. In his opinion, there should not be any reduction in the number of full-time staff at the pool. It was the consensus of the Budget Committee members present to keep 2 full-time staff members at the. pool. Barbara Lucas stated that she feels that there should be a separate Park & Recreation Director and Pool Manager with the Director being very knowledgeable about pools but only overseeing the pool operations rather than day to day operations. 0655 Administrator Childs stated that he has heard a lot of criticism about the pool operations but overall, he feels that the aquatic center has been well-managed for a new facility. The budget for 1997-98 has been approved which includes funds for a marketing program which, in turn, may generate more income to the facility. The budget also includes 2 full-time personnel at the aquatic center with safety being a primary issue as to why 2 full-time positions are needed. From his brief experience as interim Director, the Director and Pool Manager positions are two distinctly full-time jobs. If the Page 3 - Special Council Meeting Minutes, June 16, 1997 TAPE READ I NG 0742 992 SPECIAL COUNCIL MEETING MINUTES June 16, 1997 Council so decides to entitle the position as both Parks & Recreation Director and Pool Manager, there may very well be some candidate that would be capable of filling the position and pay would probably be 20%-40% over the existing salary schedule for the Park & Recreation Director. Councilor Pugh expressed his opinion that those individuals who have expressed their ideas at this meeting are struggling on how many people there should be in the management of this department. He feels that staff needs to organize within the department from the top down and the Administrator should define the organizational structure before a Director is hired. Councilor Figley expressed her concern that there is a hidden agenda and concerns regarding specific personnel should be handled through personnel channels and not through changing the job description. She agreed that the advertisement and recruiting should state that the Director give a priority to the aquatic center because of the financial and emotional investment involved and preference or consideration would be given to applicants who have come from areas with a strong aquatic program. She feels that the adding the Pool Manager to the current job description is asking too much from applicants but feels that modifying the job description to emphasize overseeing the aquatics program is necessary. She reminded the Council that the job description is a document that is written to give some flexibility and can be modified as time goes on. Councilor Jennings briefly recapped the current job description which calls for the Director to plan, administer, and directs the activities which includes the aquatic center. The Director also provides direct supervision over the Park Superintendent, Recreation Coordinator, Aquatic Manager, and Secretary. In his past experience as a supervisor, direct supervision means that the Director needs to get involved which each of these areas. The job description also requires the Director to have the knowledge, skills, and abilities to perform the essential functions of the job. In his opinion, the Director should not be expected to direct the hiring and firing of pool staff which would take away a lot of time from the Director to manage the other areas of park maintenance and recreation programs. He agreed in placing a priority in hiring an individual with aquatic center skills but he stated that he will not vote to change the title to Park & Recreation Director/Pool Manager. Councilor Hagenauer stated that the City needs to hire an individual who has a lot of experience with aquatic centers and the job description should emphasize this job requirement. 3A.2 Page 4 - Special Council Meeting Minutes, June 16, 1997 3A.2 SPECIAL COUNCIL MEETING MINUTES June 16, 1997 TAPE READING Mayor Kirksey suggested that the City look at how other communities are managing their programs before we proceed with making any changes to the job description. Councilor Sifuentez stated that she does not feel there is a hidden agenda, however, this is an opportunity for the Council to look at alternatives and to have the Administrator look more closely into the existing operations to see if any changes can be made before an individual is hired into the position. She also felt that the new Director could evaluate in the following budget year the positions within the department and make adjustments in 1998-99. Councilor Chadwick stated that she felt the City should look for an individual who is qualified in both positions, but, if that is not feasible, then fall back on the current job description. 1137 Mayor Kirksey stated that the Director has direct supervision over 5 people who run their own programs and it seems to her that it is top heavy in management. In listening to the concerns of some of the Councilors and public, she feels that it needs to be an open process. In her opinion, she believes there is an individual who is capable of managing both. In regards to the pool staffing levels, additional lifeguards should be hired rather than a pool manager. An alternative would be to contract out for lifeguards rather than have them as paid part-time employees. Flurry Stone stated that in looking more closely at the job description, he would suggest that the specific job skills paragraph add aquatic center skills. He feels that it is essential that a new Director really knows how to manage an aquatic center. Councilor Pugh stated that he feels the City Administrator should take another 30-60 days before a final decision is made to define it as either one or two positions. He feels that the Administrator should submit a report to the Council on this issue before it is ever advertised. 1343 Lee Ehrens stated that the pool is difficult to market with the year-round school system since not all of the kids are off school at the same time. He reiterated that we need to give the pool a chance and agreed that it does need some assistance from advertising specialists to increase pool revenues. He was skeptical as to finding a well-qualified Parks Director who has also been a Pool Manager for a year-round pool facility. HAGENAUER/PUGH... the Administrator evaluate the organization and job description and report back to the Council in 45 days. Mayor Kirksey suggested that the Administrator work with the Park Board and Council during this evaluation process. Page 5 - Special Council Meeting Minutes, June 16, 1997 3A.2 TAPE READ I NG 1495 SPECIAL COUNCIL MEETING MINUTES June 16, 1997 Councilor Jennings questioned if the intent of the motion is not to advertise until after the middle of August. Councilor Hagenauer stated that no advertisement would be done until after the middle of August. On roll call vote, the motion passed 4-2 with Councilor Figley and Jennings voting nay. ADJOURNMENT. JENNINGS/SIFUENTEZ .... meeting be adjourned. passed unanimously. The meeting adjourned at 7:36 p.m.. The motion APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 6 - Special Council Meeting Minutes, June 16, 1997 COUNCIL MEETING MINUTES June 23, 1997 3A.3 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 23, 1997. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. ROLL CALL. Staff Present: Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present (7:03 pm) Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Library Director Sprauer, Finance Director Gillespie, City Recorder Tennant 0021 MINUTES. JENNINGS/PUGH .... approve the regular and executive session Council minutes of June 9, 1997; and accept the Planning Commission minutes of May 22, 1997. The motion passed unanimously. 0032 Administrator Childs requested that a temporary street closure request be added to the agenda (item 10Q). Mayor Kirksey stated that she would add this item to the agenda. 0047 INTRODUCTION OF DEQ REPRESENTATIVE. In the past, the City has received a $300,000 interest-free loan from DEQ, and a low interest loan for $2,000,000 which was subsequently increased to $4,000,000. Recently, the City was notified that we were the recipient of a new low interest loan award in the amount of $20,000,000.00. This new loan will accrue interest at 3.87% which will save the City about $250,000 annually. Public Works Director Tiwari introduced Peggy Halferty, DEQ Clean Water State Revolving Fund Program Coordinator, who has facilitated the loan process on behalf of DEQ and has verbally told the City that, if additional funds become available over the next couple of years, that more low interest loan funds will be offered to the City for the wastewater project. With the funds now being made available to the City, then the City may not need to sell bonds in the future to fund the improvements. Peggy Halferty stated that Jaime Isaza has been the project officer with this project for the last 5 years and has worked diligently to pull this project together. The $20,000,000 Page 1 - Council Meeting Minutes, June 23, 1997 3A.3 COUNCIL MEETING MINUTES June 23, 1997 TAPE READING loan is the largest loan made through the Clean Water State Revolving Fund Program for the State of Oregon. Approximately 80 loans are outstanding within the State and the total State loan fund of approximately $200,000,000. Instead of increasing the City's current $4,000,000 loan, it was decided to award a new loan of $20,000,000 in order to provide the City with a slightly lower interest rate on funds borrowed. It is DEQ's policy to fund on-going projects before new projects are funded, therefore, the City does have an opportunity to secure funds to complete the project (approximately $10,000,000) as funds become available. Another financing option that might work for the City is going through the DEQ Pollution Control Bond Fund. DEQ feels that this project will be a model project for many communities. Mayor Kirksey stated that the City owes Public Works Director Tiwari and DEQ representatives a debt of gratitude for the financial savings forthcoming to the City in obtaining the low-interest and interest free loans. 0231 ANNOUNCEMENTS. A) Special Council Meeting will be held on June 30, 1997, 7:00 p.m., in the City Hall Council Chambers. B) Council Workshop will be held on June 30, 1997following the Special Council Meeting to review current planning fees and system development charges. 0237 CHAMBER OF COMMERCE REPORT. Jane Kanz, Executive Director, stated that the Chamber "Business After Hours" will be held at Hillyer's on July 10th at 4:30 p.m.. On July 23, 1997, the Chamber Drags will be held at the Woodburn Dragstrip beginning at 5:00 p.m.. She encouraged the public to attend the annual Chuckwagon Breakfast, 4th of July Picnic and Fireworks, and the St. Paul Rodeo. She also stated that the Chamber had recently installed a new outdoor tourist display rack which has been successful and the Chamber needs more City brochures. Ms. Kanz reminded the Council that the Board members are the individuals who generally give the Chamber report at Council meetings which, in mm, gives them an opportunity to let the public know what local business they operate or represent. 0341 CENTENNIAL PARK TASK FORCE COMMITTEE REPORT. Councilor Figley stated that the Mayor had recently appointed this Committee which met for the first time last Friday. The Committee is making significant progress to put together a site plan for Planning Commission review, initiate the process for annexation, and begin meeting with local service clubs and other organizations that have offered the City money to see if they are still interested in helping to fund this project. The Committee hopes to have useable ground at Centennial Park by next summer. They are will be working with staff and volunteers to do whatever necessary to expedite this project. Page 2 - Council Meeting Minutes, June 23, 1997 COUNCIL MEETING MINUTES June 23, 1997 TAPE READING Mayor Kirksey stated that Dale Yuranek and Walt Hamer have also agreed to serve on this Committee. 04O7 MAMMOTH PARK COMMITTEE REPORT. Mayor Kirksey stated that the digging has started and no City funds or City man-hours are being used on this project. Any hours spent by City personnel to operate equipmem has been on their own time. Donations continue to be accepted to help meet the Committee's financial goal. 0425 LETTER FROM BENNY DODGE. The agenda packet included a letter from Benny Dodge, owner of property located at 1404 Hardcastle, objecting to what he believes is harassment from Code Enforcement and the City regarding obnoxious vegetation. 0434 Councilor Chadwick stated that a property owner in Senior Estates whose property abuts the drainage ditch area between the School District property and Henry Farms Subdivision is concerned about the current depth of the ditch and the vast amount of algae in the ditch which is a breeding ground for mosquitos and other insects. Public Works Director Tiwari stated that the area in question is part of a holding area for water detention and work will soon begin to make necessary improvements to the ditch area on both sides of Boones Ferry Rd. along with the installation of a new gravity sewer line. It is anticipated that the contract for the gravity sewer project will be awarded at the June 30th Special Council meeting. 0507 PUBLIC HEARING - 1997-98 CITY BUDGET. Mayor Kirksey declared the public hearing open at 7:19 p.m.. Administrator Childs read the staff report into the record outlining the budget as approved by the Budget Committee. The purpose of this public hearing is to give the citizens an opportunity to comment on appropriations within the budget document which includes State Revenue Sharing funds. The total tax levy within the budget is $4,841,437 of which the City anticipates collection of $2,907,071. Ballot Measure 47/50, Ballot Measure 5 compression, and uncollectible taxes are the reasons for the differences between the total levy certified to the County and the anticipated levy to be collected. In general, most programs were maintained even property tax dollars were lost due to Ballot 47/50. Personnel positions were eliminated and/or kept vacant in the Police Department (Police Sgt), and Parks & Recreation (Adult program Recreation Coordinator and Aquatics Program Manager). Job sharing between the Police Department, Municipal Court, and Community Developmem will take place in order to save current two full-time positions. The overall increase in the total budget is a result of public works construction projects which will take place over the next few years. He reminded the public that no taxpayer will pay over $10.00 per $1,000 assessed value for all combined general government (non-school) purposes (Ballot Measure 5). The final Page 3 - Council Meeting Minutes, June 23, 1997 3A.3 3A.3 TAPE READING 0827 COUNCIL MEETINGMINUTES June 23, 1997 budget ordinance will be brought before the Council at their Special meeting on June 30th. Preston Tack, 2197 Camilla Way, requested that a f'mal copy of the budget document be made available at the Library as a reference tool for interested citizens along with the quarterly financial reports prepared by the Finance Director. He also suggested that, if it was permissible, to include the filing of the information at the Library within the budget ordinance. Since there were no other comments from the public, Mayor Kirksey declared the public hearing closed at 7:28 p.m.. Administrator Childs stated that no further action is required at this time unless the Council wishes to make changes in the proposed budget. Councilor Figley informed the public that a copy of the proposed budget is located in the reference area of the Library and a final copy will be forwarded to the Library following adoption of the budget. PUBLIC I-1EARING -- LIQUOR LICENSE TRANSFER OF OWNERSHIP RE: RAVEN INN TAVERN. Mayor Kirksey declared the public hearing open at 7:29 p.m.. Police Chief Wright reviewed the staff report regarding the proposed change of ownership of the Raven Inn Tavern to Ronald Wiebe. In his staff report dated May 23, 1997, he recommended that the Council provide a negative recommendation to OLCC based on factual information on Mr. Wiebe's behavior and conduct prior to and during the application process. The investigation did reveal that Mr. Wiebe had been arrested for Burglary 1st degree and DUII along with numerous other offenses in 1993. However, Mr. Wiebe had been involved in a volatile domestic dispute with his ex-wife in 1993 and, as a result, all charges except for an Assault 4th degree were dismissed by the District Attorney. Regarding the DUII charge, it was dismissed following successful completion of a DUII diversion program. During the license investigation process, the bartender on-duty during an incident in February 1997 reported that Mr. Weibe had been on the premise giving orders to employee(s), made racists comments to patrons, then traveled to an establishment south of Gervais at which location he caused a disturbance and was subsequently ejected. It was also noted that Mr. Weibe's father had told a police investigator that his son was on medication (lithium) which is why he was acting like he was at the tavern. Mike Reed, Attorney representing Ronald Weibe, stated that Mr. Wiebe had been convicted of a misdemeanor as a result of a domestic dispute and he had gone through the DUII diversion program for the dismissal of the DUII charge. Otherwise, his record is clean and he questioned if these two incidents are severe enough to deny Mr. Weibe a positive recommendation to OLCC on the liquor license transfer of ownership application. Attorney Reed stated that the problem stems from an incident in February 1997. Darlene Standridge, the on-duty bartender, has been spreading malicious comments and has not been telling the truth surrounding the circumstances surrounding Page 4 - Council Meeting Minutes, June 23, 1997 3A.3 TAPE READING COUNCIL MEETING MINUTES June 23, 1997 the incidents. He stated that witnesses would be presenting testimony at this hearing which would contradict the statements of Darlene Standridge. He summarized the events which occurred that evening stating that the bartender had carded everyone even if they looked well over the age of 21 and asked those individuals who did not have identification to leave the premises. Mr. Weibe did make an issue with this action since he was in discussing the purchase of the business with the current owner and he did not want to have all of his customers go somewhere else in the future. He stated that Mr. Weibe had asked for a menu to check out the food and when she did produce a menu, he became persistent which caused the bartender to become irritated with him. In regards to ordering other employees around, Ms. Standridge was the only employee on duty at the time of the incident. Also, at the time of the incident, he was not ejected from the Raven nor was he ejected from another tavern later that evening nor was he under the influence of alcohol as stated by Ms. Standridge. Attorney Reed also informed the Council that Darlene Standridge did not show up for work after she had given her statement to the police and she has not been back since then. Attorney Reed stated that Mr. Weibe has plans to remodel the tavern which would include new carpet, re-paint, new bartop, new buddy tables and chairs, and a new menu with continued emphasis on mexican food. He will also be installing a sound system that would allow all customers to bring in their own music to be played. He plans on installing video surveillance cameras inside the premise. In regards to Mr. Weibe's taking medication, Attorney Reed stated that he does take lithium which is a drag prescribed by his family doctor for depression. He takes the drag daily, between 1 and 3 does per day, depending upon on he is feeling each day. Mr. Weibe believes that his ability to decide how many doses to take does work for him, however, if the Council has concerns about taking irregular doses, then he is willing to agree to take the 3 doses every day. Mr. Weibe is a social drinker but he fully understands his responsibilities as a tavern owner and he will not consume alcohol, let alone be under the influence, while he is at The Raven. He wants to earn the Council's trust and the opportunity to run a good, clean tavern in Woodburn. Attorney Reed requested that the Council forward a favorable recommendation to OLCC. Kay Worster stated that she was with Mr. Weibe on the evening of the incident reported by Darlene Standridge. She stated that she was asked by Mr. Weibe to come with him to the tavern to evaluate the food since she was formerly a restaurant owner at two different locations and did have a Class A liquor license in Oregon. She stated that it was about 8:30 p.m. when they arrived and he was visibly unhappy since the bartender repeatedly told them that the food they would order was not available and, when the bartender did make some food, it was overcooked. The bartender was rude to them and to all of the other people on the premise. Mr. Weibe was visibly disappointed in what was happening with their initial reaction being that the bartender was running the customers off, however, she was not really the case. In any event, the bartender was out-of-line. She stated that the bartender did call the owner, Tina Wiltsey, and told Ms. Page 5 - Council Meeting Minutes, June 23, 1997 3A.3 COUNCIL MEETING MINUTES June 23, 1997 TAPE READING 1563 Wiltsey that Mr. Weibe was out-of-line and eventually they did leave The Raven. In her opinion, Mr. Weibe was not out-of-line at the tavern. Following this incident, they had gone to another location to eat on their way home and they did not stop at the Last Chance Saloon and have another beer. They did have a couple of beers at the Raven and did converse with other patrons at the tavern. She does not know how Ms. Standridge came up with the story that she had given to the police investigator since it was absolutely not tree. Douglas Templeton stated that he was at the Raven on the night in question as the off- duty bartender. His status was evening manager and he had explained to Ms. Standridge that checking ID was only in those cases where it was questionable if an individual was 21. Also, regulars of the pool team did not need to be checked and Mr. Weibe was concerned about this situation. He stated that Ms. Standridge and Mr. Weibe were not friendly with each other following this incident and he did not make racists comments to the patrons. In his opinion, he may have been authoritative but he did not feel that Mr. Weibe was out-of-line. Connie Barnett, manager of Last Chance Saloon, stated that on the evening in question, Mr. Weibe did come into the tavern but he did not cause a disturbance at the establishment with anyone other than herself since she was quite offended when he was handing out his business card trying to drum up business for the Raven. Even though Ms. Wiltsey owns the bar, she stated that she has worked hard at the bar and she feels ownership of the bar, therefore, his actions upset her personally. She reiterated that she was offended by his actions was but he did not offend any of the customers. Richard Gibbons stated that he operates a restaurant in Salem, Nona Rozelli's, and Mr. Weibe has been a customer on numerous occasions. He has always been polite and has been a pleasure to have him at his restaurant. Tom Camas stated that he was at the tavern on the night in question playing pool when Ms. Standridge asked him for ID and he subsequently left the tavern since he did not have his wallet with him at that time. In regards to the loud music, there was a championship match on and the volume had been lowered but she had increased the volume of the music on purpose. 1680 No one in the audience spoke in opposition to the license application. Councilor Jennings questioned owner Tina Wiltsey as to the location of the Last Chance tavern and regarding specific statements she had made in the report. Ms. Wiltsey stated that she is the realtor for this transaction plus she is the owner of the Raven Inn tavern, therefore, she is quite involved with this transaction. The Last Chance is located at 12157 Portland Rd. which is at the Y intersection of just south of Gervais (formerly Checkerboard tavern/Ace's Yellow Rose tavern). She stated that her statement to the police investigator was everything that Darlene Standridge had told her. She stated that Connie Barnett did not want him at the Last Chance since he was passing out his business card. She stated that she was not there at either night and the only thing Page 6 - Council Meeting Minutes, June 23, 1997 3A.3 TAPE READING 1933 2141 2145 COUNCIL MEETING MINUTES June 23, 1997 she knew was what her bartenders had told her. She also stated that there was food at The Raven and it was a matter of Ms. Standridge not wanting to cook. The Mayor declared the public hearing closed, however, Chief Wright requested that he be allowed to give additional testimony for the record. JENNINGS/SIFIJENTEZ... hearing be re-opened. The motion passed unanimously. Chief Wright stated that his staff report was completed on May 23rd and delivered to Mr. Weibe by mail. He has admitted to taking medication and an individual has a right to choose how much to take and whether or not to mix medication with alcohol. He finds that it is disconcerting that the seller, Ms. Wiltsey, provided the investigator with certain information, finds out that it is inaccurate, then fails to notify the police investigator of this information. Since all of these witnesses contradict the information provided to the investigator, then, in his opinion, his staff should be given an opportunity to get the truth before a final decision is made by the Council. Brief discussion was held regarding the delay in making a decision to July 28, 1997. Attorney Reed initially stated that he would object to postponing the decision, however, after further discussion, Mr. Weibe agreed to the delay to July 28, 1997 in order to give the Police Department additional time to investigate the incident. JENNINGS/SIFUENTEZ .... hearing be continued to July 28, 1997 to allow the Police Department to check out the accuracy of the information and look into any other pertinent information. The motion passed unanimously. At 8:06 p.m., the Mayor continued the hearing until July 28, 1997. TABLED BUSINESS -- COUNCIL BILL 1758 (ORDINANCE INCREASING LOCAL GAS TAX). No action was taken by thc Council to remove this item from the table. TABLED BUSINESS -- WOODBURN DOWNTOWN ASSOCIATION REQUEST FOR REMOVAL OF TREES ON FRONT STREET. No action was taken by the Council to remove this item from the table. TABLED BUSINESS -- WOODBURN DOWNTOWN ASSOCIATION REQUEST FOR PARKING RESTRICTIONS. No action was taken by the Council to remove this item from the table. COUNCIL BILL 1800 - RESOLUTION CERTIFYING CITY'S ELIGIBILITY TO RECEIVE STATE SHARED REVENUES DURING FISCAL YEAR 1997-98. Council Bill 1800 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1800 duly passed. Page 7 - Council Meeting Minutes, June 23, 1997 3A.3 COUNCIL MEETING MINUTES June 23, 1997 TAPE READING 2175 COUNCIL BILL 1801 - RESOLUTION DECLARING CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING DURING FISCAL YEAR 1997-98. Councilor Hagenauer introduced Council Bill 1801. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1801 duly passed. 2196 COUNCIL BILL 1802 - RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2224 2250 2289 1996-97. Councilor Hagenauer introduced Council Bill 1802. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1802 passed unanimously. The Mayor declared the bill duly passed. COUNCIL BILL 1803 - RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS WITHIN A FUND DURING FISCAL YEAR 1996-97. Council Bill 1803 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1803 duly passed. COUNCIL BILL 1804 - RESOLUTION ENTERING INTO STATE REVOLVING LOAN AGREEMENT FOR FINANCING WASTEWATER SYSTEM IMPROVEMENTS. Council Bill 1804 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Congratulations were extended to Public Works Director Tiwari in securing the $20,000,000 from the Department of Environmental Quality. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1804 duly passed. COUNCIL BILL 1805 - RESOLUTION ENTERING INTO A CONSTRUCTION FINANCE AGREEMENT WITH WAREMART~ INC. REGARDING IMPROVEMENTS TO HWY. 214/219 AND I-5 INTERCHANGE REQUIRED BY THE WAREMART DISTRIBUTION CENTER CONSTRUCTION. Council Bill 1805 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for tm_al passage, the bill passed unanimously. Mayor Kirksey declared the bill duly passed. Page 8 - Council Meeting Minutes, June 23, 1997 COUNCIL MEETING MINUTES June 23, 1997 TAPE READING 2328 COUNCIL BILL 1806 - RESOLUTION ENTERING INTO A CONSTRUCTION 3A.3 FINANCE AGREEMENT WITH HILLYER'S MID-CYFY FORD REGARDING 2357 IMPROVEMENTS TO HWY. 219. Council Bill 1806 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1806 duly passed. COUNCIL BILL 1807 - RESOLUTION ENTERING INTO AN AGREEMENT 2408 WITH THE STATE OF OREGON FOR HIGHWAY 214/219 AND I-5 INTERCHANGE IMPROVEMENTS REQUIRED BY THE WAREMART DISTRIBUTION CENTER CONSTRUCTION. Councilor Hagenauer introduced Council Bill 1807. The bill was read by title only since there were no objections from the Council. Councilor Jennings questioned if this improvemem will also include the traffic signal installation on the east side of the I-5 off-ramp. Staff informed the Council that the east side traffic signal will be installed at a substantially reduced price over the original bid proposal. On roll call vote for final passage, Council Bill 1807 passed unanimously. Mayor Kirksey declared the bill duly passed. COUNCIL BILL 1808 - RESOLUTION AUTHORIZING AN ADDENDUM TO AN 2455 AGREEMENT WITH MOSS ADAMS FOR DATA PROCESSING PROFESSIONAL SERVICES. Council Bill 1808 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1808 duly passed. CONTRACT AWARD - WOODLAND AVENUE, HIGItWAY 214/219, AND I-5 INTERCHANGE IMPROVEMENTS. Bids were received from the following contractors for the road improvements to Woodland Avenue, Highway 214/219 improvements, widening improvements to the northbound offramp, and traffic light installation at the northbound offramp and Hwy. 214: Emery & Sons Construction, $1,002,507.00; M.L. Houck construction, $1,071,149.25; Morse Bros., $1,104,489.00; Canby Excavating, $1,135,645.85; North Santiam Paving Co., $1,313,451.50. The low bid was 26.2% below the engineer's estimate of $1,358,553.50. JENNINGS/FIGLEY .... contract be awarded to Emery & Sons Construction in the amoum of $1,002,507.00. The motion passed unanimously. Page 9 - Council Meeting Minutes, June 23, 1997 3a.3 COUNCIL MEETING MINUTES June 23, 1997 TAPE READING 2470 APPROVAL OF RESTRICTED PARKING ON GATCH STREET NEAR JOHNSON STREET. Residents in this area have expressed concerns regarding congestion and reduced site visibility due to parked cars on the west side of Gatch Street at the Johnson Street intersection. JENNINGS/PUGH... staff recommendation to restrict parking along an area of Gatch Street at the intersection of Johnson Street be approved. The motion passed unanimously. 2486 PARK AND RECREATION INDEPENDENT CONTRACTOR CONTRACT RE: 2500 ANN FINCH. Administrator Childs recommended the acceptance of a independent contractor contract with Ann Finch who offers dance classes through the City's Recreation program. JENNINGS/FIGLEY... contract between Parks & Recreation and Ann Finch be approved. The motion passed unanimously. REQUEST FOR EXTENSION OF LIABILITY INSURANCE COVERAGE AND SOUND AMPLIFICATION PERMIT - 4TH OF JULY CELEBRATION. 2516 A request for extension of the City's Liability insurance to cover activities associated with the 4th of July Picnic and Fireworks was made by Chairman/Coordinator Don Eubank. This event is co-sponsored by the City and Kiwanis Clubs and is held at the Woodbum High School athletic field. Liability and Workers Compensation insurance coverage has been purchased through the fireworks vendor which will be in effect during the fireworks display only. A request was also made to use sound amplification equipment during the day and evening activities. JENNINGS/FIGLEY .... extend the City's liability insurance coverage for the July 4th activities and authorize the use sound amplification equipment for the activities from approximately 10:00 am and 11:00 pm. The motion passed unanimously. REQUEST FOR SOUND AMPLIFICATION PERMIT FOR LIBRARY ACTIVITIES. The Police Department recommended that the request submitted by Librarian Mary Parra for use of sound amplification equipment for library activates at Library Park on the following dates be approved: June 25th from 7 pm to 8pm; July 10th from 3 pm to 5 pm; July 22nd from 7 pm to 8 pm; and July 30th from 7 pm to 8 pm. JENNINGS/FIGLEY .... approve the request for permission to use sound amplification on the dates and times listed above. The motion passed unanimously. Page 10 - Council Meeting Minutes, June 23, 1997 COUNCIL MEETING MINUTES June 23, 1997 TAPE READING 2530 REVISIONS TO DISCHARGE OF WEAPONS PROVISION OF ORDINANCE 3A.3 2612 1900. The Police Chief's staff report briefly addressed the concern regarding ceremonial discharge of firearms conducted at a cemetery within the city limits. He recommended that the City Attorney be authorized to draft an ordinance amendment that would allow ceremonial discharge of firearms at a funeral service provided that the arrangements for such service is through a state licensed funeral home and blank ammunition is used by the honor guard. JENNINGS/PUGH... accept the Police Chief's recommendation and authorize the City Attorney to develop the amendment to Ordinance 1900. Councilor Jennings questioned if the Police Department would approve any requests for the ceremonial discharge of a firearm prior to the adoption of an ordinance amendment. He stated that he was under the impression that an amendment would have been before them at this meeting and he is anxious to get the amendment adopted by the Council. Chief Wright stated that he is unable to answer the question, however, as stated in the memo, there are approximately 30 services annually at the cemetery of which 3 or 4 involve honor guards. The motion passed unanimously. CLARIFICATION OF FORMATION AND SCOPE OF COMMITTEE TO HIRE A 2725 PARK & RECREATION DIRECTOR. Mayor Kirksey stated that she would like clarification on this issue. Councilor Jennings stated that his motion was for the Mayor to appoint 2 members from the Council and 2 members from the Park Board. Councilor Sifuentez suggested that the City work closer with the School District especially in the area of Parks and Recreation and recommended that a School District representative be part of the panel. Administrator Childs stated that there is some time before the interview process begins and he did not object participation by a School District representative in this process. Councilor Jennings stated that his motion was meant as a minimum and it would not preclude the appointment of more panel members. REQUEST FOR TEMPORARY STREET CLOSURE - ALEXANDRA COURT. Residents of Alexandra Court are requesting the closure of their street for their annual July 4th block party between the hours of 10:00 am to 11:00 pm. Staff recommended that the request be granted. JENNINGS/FIGLEY... authorize the temporary closure of Alexandra Court and allow the street to be barricaded between the hours of 10:00 am and 11:00 pm, however, emergency traffic will be allowed. The motion passed unanimously. Page 11 - Council Meeting Minutes, June 23, 1997 TAPE READING 2739 2839 Tape 2 0103 COUNCIL MEETINGMINUTES June 23, 1997 MAJOR PARTITION ACTION. The Planning Commission approved, with conditions, a 3-lot partition submitted by Capital Development. The site plan, which was included in the packet, provides for residential multi-family zoning in Parcels 1 & 2 and a combination of commercial, multi- family, and single family residential in Parcel 3. If the Council takes no action on this partition, then the Planning Commission President may sign the final plat within 30 days from the June 12th preliminary approval date. Councilor Figley questioned if the zoning changes are consistent with policy previously established by the Commission and Council. Community Development Director Goeckritz stated that the zoning concept is consistent in this case that being commercial zoning will be located next to the freeway, then multi- family residential, followed by single-family residential abutting the major portion of Evergreen Road extension. No action was taken by the Council on this issue. STAFF REPORTS. A) SENIOR ESTATES PARK TITLE REPORT. -- First American Title researched the title for this property which showed that there are conditions and restrictions involving the common areas. Councilor Figley stated that she agreed with the report with one exception that being the subdivision plat in which Lot 23 (Senior Estates Park) is not referred in the report. The verbiage on the plat that dedicates the lot "...to public use forever the streets, easements and park area shown hereon..." She stated that this was not verbiage that she would like to see since it is not an actual deed to the property. In her opinion, issues that need to be addressed include 1) what kind of control could the Council yield to a private association, and 2) whether to perfect our own records and the original intent of the developer at the time of filing by trying to obtain a deed from Senior Estates, Inc.. She stated that if she was doing the title work, she would have shown the ownership as Senior Estates Inc. since they are the last holders of a deed. If the Council decides to pursue obtaining a deed, contact will need to be made with the corporation division to ascertain who the signers are for Senior Estates Inc. Preston Tack stated that it needs to be determined if it is Senior Estates Inc. or Senior Estates Golf & Country Club which is the legal name for the residents and whether or not there is a successor corporation involved. Councilor Figley reiterated the two issues that need to be addressed by the City. B) REQUEST FOR PROPOSAL FOR COMPUTER HARDWARE, SOFTWARE, AND INSTALLATION-- A memo from Finance Director Gillespie summarized the schedule for receipt of proposals and interviewing vendors for the purchase and installation of 5 networks servers. It is anticipated that a proposed contract will be submitted to the Council for their consideration at the first meeting of September. 3A.3 Page 12 - Council Meeting Minutes, June 23, 1997 TAPE READING COUNCIL MEETING MINUTES June 23, 1997 C) RECREATION PROGRAM CONTRACT FORM -- A staff report from Administrator Childs recommends that the standard form of contract that has been utilized by the Department in the past be used in all future contracts with recreation program contractors and the Park & Recreation Director continue to be responsible for securing these contracts before programs are offered to the public. D) UNITED DISPOSAL SERVICE REQUEST FOR RATE MODIFICATIONS AND IMPLEMENTATION OF YARD WASTE RECYCLING PROGRAM--- A request has been submitted by UDS to proceed with a rate review process per the City's franchise ordinance since a Council decision on this issue is necessary before equipment is ordered to implement a citywide yard waste recycling program. A public hearing on this issue will be held in August or early September. 3A.3 0110 0165 ADMINISTRATOR'S REPORT. Administrator Childs referred to the large agenda packet that was provided to the Council for this meeting and he stated that it was the largest packet that he knows of since he has been Administrator. In regards to length of time for a regular Council meeting, the record to date is 23 minutes. MAYOR AND COUNCIL REPORTS. Mayor Kirksey stated that she has a concern regarding Ordinance 1841 which allows for use of golf carts on city streets within Senior Estates. In her opinion, this ordinance should be broadened so that other residents who live within the City can use their golf carts to get to the golf course provided that they do not drive the cart on a State Highway. Several residents who do not live in Senior Estates live within the 1/2 radius described within the ordinance, however, they are not extended the same privilege of driving their golf cart on city streets without having a license through the Department of Motor Vehicles. She stated that she had discussed this with the Police Chief, however, she feels that the staff should look into this issue further. Councilor Jennings stated that the Transportation Task Force had reviewed this issue in great depth and found that there were a lot of ramifications to this issue. He stated that the Plan does include language regarding the use of golf carts on city streets and he emphasized his objection to opening up all of the city streets for golf cart usage unless proper licensing is obtained. Chief Wright stated that golf carts can be driven in Plats 1-7A in Senior Estates, however, they cannot cross the State Highway. Under DMV motor vehicle laws, the golf cart can be licensed and operated on all streets provided that a triangular slow moving sign is displayed if the vehicle is going less than 15 MPH. If operating the golf cart on any street outside of the exemption area, the driver must have a driver's license, insurance, and vehicle registration as required by motor vehicle laws. Page 13 - Council Meeting Minutes, June 23, 1997 3a.3 TAPE READING 0365 COUNCIL MEETINGMINUTES June 23, 1997 Mayor Kirksey stated that the confusion seems to be in the wording of the ordinance which implies that if you are within a 1/2 mile of the golf course but outside of Senior Estates that you should be able to operate the golf cart without having the required DMV licenses. ADJOURNMENT. JENNINGS/SIFUENTEZ .... meeting be adjourned. The meeting adjourned at 8:40 p.m.. The motion passed unanimously. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 14 - Council Meeting Minutes, June 23, 1997 TAPE READING 0123 0135 0175 COUNCIL WORKSHOP MEETING MINUTES June 30, 1997 3A.4 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 30, 1997. CONVENED. The Council met in a workshop session at 7:12 p.m. with Mayor Kirksey presiding to review system development charges, traffic impact fees, and planning fees. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Absent Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: Public Works Director Tiwari, Community Development Director Goeckritz, City Recorder Tennant Mayor Kirksey stated that the City of Salem voters will be asked to vote on a charter amendment for the purpose of increasing a number of city fees, including planning and building fees, as required by passage of Ballot Measure 50. Copies of the proposed ballot title and summary of fees were distributed to the Council for their information. Public Works Director Tiwari stated that Oregon state law does allow the imposition of system development charges in water, wastewater, traffic impact fees, storm drain, and parks. Currently, the City has all of these charges in place for many years but not all are imposed at the maximum allowable level. The Traffic Impact Fee (TIF) and Park SDC charges are both levied below the maximum allowable charges. He reminded the Council that expenditures from the these fees are restricted to capacity improvement. It was noted that the TIF ordinance allows for a charge up to 30% of the maximum allowable starting at 25 9'0 and increasing it by 1% per year with the charge at 28% as of January 1997. If the City were to increase the charge to an amount over 30%, then an amendment to the ordinance is necessary. In regards to the establishment of the maximum allowable charges, periodic review is necessary to evaluate and make necessary adjustments to the charges. Director Tiwari reviewed a table of charges for each system development charge imposed by cities within are area. In summary, the City charges $6,127 for a single family residence in comparison to the average for eight communities of $6,379. It was Page 1 - Council Workshop Meeting Minutes, June 30, 1997 3A.4 TAPE READING 0971 1239 1295 COUNCIL WORKSHOPMEETINGMINUTES June 30, 1997 noted that our Water and Wastewater system development charges are higher than the average whereas the other charges (parks, TIF, storm drain, water meter) are less. Director Tiwari briefly explained that nationally accepted engineer figures are used as a basis to determine SDC maximum allowable charges and each type of building or development use has a different SDC charge based on their impact on each system. Councilor Jennings stated that he was pleased to find that the overall average is less than other communities since so many builders tell him that Woodburn charges substantially more than any other city in the valley. One area of major concern is the traffic impact fee charges. Director Tiwari stated that he did not obtain data that would show what percentage level of the maximum allowable charge is being assessed by each City. He stated that he had originally recommended a 50 % level with a maximum of 68 %, however, the Council set the charge at 25 % in 1994 with 1% increases each year thereafter. It was noted that the traffic impact fees go into a system development fund dedicated for street capacity improvements. The first major expenditure from this fund will be the Parr Road widening project. He also stated that the TIF charge only looks at 10% of the City's match for the improvement of Highway 214 since the remaining 90% should be paid by the State. Councilor Jennings stated that he would not be adverse to increasing the TIF to 50 % and increase another 1% per year over the next five years then review the percentage again. He stated that the Transportation Plan calls for improvements that will need additional funds for capacity improvement and TIF fees generate a small part of the total estimated cost. By doubling our TIF charges, the City will be charging similar dollars for traffic impact that other cities are charging in the surrounding area. Mayor Kirksey suggested that the TIF charges be increased to 50% with an additional 5 % each over the next 3 years. Dave Christoff, local realtor, expressed his support of an increase in TIF since it would bring in additional dollars to make necessary capacity improvements. Further discussion was held regarding the increase of fees in light of the passage of Ballot Measure 50. It was the consensus of the Council to request an opinion from the City Attorney as to whether or not the fees can be raised without a vote of the people. If it can be done without a vote, then the next step in the process will be to receive public input on proposed percentage increases. Mayor Kirksey also brought to their attention that the Park SDC fees are quite low and discussion should be held on this subject at a later date. Community Development Director reviewed the list of projects of short-term planning projects along with a comparison of fees of the same cities used in the SDC comparison. He stated that the average cost collected by these cities were substantially more than Page 2 - Council Workshop Meeting Minutes, June 30, 1997 3A.4 COUNCIL WORKSHOP MEETING MINUTES June 30, 1997 TAPE READING Woodburn's charge. Site plan review is one area that clearly shows disparity in fees in that fees range from $6,000 to $15,000 and Woodburn charges $350. Since General Fund dollars are used to offset a portion of planning costs, it is most likely that the City will have to go to a vote of the people in order to increase planning fees. Brief discussion was held on the use of private consultants to assist in this process. Director Goeclcritz stated that developers are required to have the documents prepared by an engineering consulting firm. However, staff still needs to review the consultant's work since they are not familiar with City requirements. Discussion was held regarding the formulation of a base fee with additional charges assessed for extra hours staff is required to work on a planning project with a maximum limit. It was suggested that the main areas to look at for fee increases are in subdivisions, PUD's, and site plan reviews. Additionally, it was suggested that the Community Development Director evaluate the fees and provide numbers that would reflect what the market would bear in our area. David Christoff also suggested that an adjustment be looked at in those cases where small subdivisions, such as 4 lots, be charged a lesser amount than a larger subdivision, such as 100 lots. Further discussion was held on the staff looking at a variety of options and prepare a proposal for Council review. Mayor Kirksey stated that she would request the City Attorney to issue an opinion on the question of submitting Planning fee increases to a vote of the people. Councilor Jennings stated that information needs to get out to the public, developers, and realtors, as to how much it actually costs the City to review planning documents in relationship to the fee charged to developers. Jane Kanz, Chamber Executive Director, suggested that public education is necessary to explain capacity improvement, purpose of fee increases, and adjustments to TIF fees for small businesses especially in the downtown area. Public Works Direcwr Tiwari stated that in already developed areas, new businesses only pay more fees if the capacity is changed by the new business. Brief discussion was held on the downtown area and it was suggested that if any fees were to be subsidized, it should be in the downtown area to encourage growth. Community Development Director stated that in the interview process of 4 different consultants for the downtown development plan, all consultants stated that lowering fees to businesses in a specific area will result in having low-end businesses that continually turnover. Another alternative was to reduce SDC fees in the downtown area but to be more restrictive on improvement made to the buildings and/or upgrading the landscaping in the downtown area. Page 3 - Council Workshop Meeting Minutes, June 30, 1997 TAPE READING COUNCIL WORKSHOP MEETING MINUTES June 30, 1997 3A.4 2938 It was the consensus of the Council that Director Goeckritz will provide alternatives to new planning fees using the average of fees charged by other cities as a basis for new City fees. ADJOURNMENT. The meeting concluded at 8:30 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 4 - Council Workshop Meeting Minutes, June 30, 1997 TAPE READING 0001 0003 0010 0015 0032 SPECIAL COUNCIL M~ETING MINUTES June 30, 1997 3A.4 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF ORE~ON, JUNE 30, 1997. CON%rg%N-~D. The Council met in special session at 7:00 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Absent Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: Public Works Director Tiwari, Community Development Director Goeckritz, City Recorder Tennant Mayor Kirksey stated that Councilor Chadwick had called her earlier today to tell her that she was unable to attend the special meeting but would try to attend the workshop following the special meeting. COUNCIL BILL 1809 - ORDINANCE ADOPTING A BUDGET FOR FISCAL 0069 YEAR 1997-98, MAKING APPROPRIATIONS, AND LEVYING TAXES. Council Bill 1809 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1809 duly passed with the emergency clause. COUNCIL BILL 1810 - RESOLUTION APPROVING A TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS WITHIN THE WASTEWATER FUND DURING FISCAL YEAR 1996-97. Councilor Hagenauer introduced Council Bill 1810. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1810 passed unanimously. Mayor Kirksey declared the bill duly passed. 0086 ACCEPTANCE OF UTILITY EASEMENT ON SCHOOL PROPERTY. Staff recommended the acceptance of a utility easement from the Woodburn School District (Junior High School Property west of Boones Ferry Rd) for the purpose of installing pipeline relating to the I-5 gravity sewer and making ditch improvements. J~NNINGS/FIGLEY .... accept the utility easement from Woodburn School District 103C as recommended by staff. The motion passed unanimously. Page 1 - Special Council Meeting Minutes, June 30, 1997 3A.4 TAPE READING 0092 0100 0111 .0120 SPECIAL COUNCIL MEETING MINUTES June 30, 1997 CONTRACT AWARD - PARR ROAD LID STREET IMPROVEMENT. Bids for the widening of Parr Rd and Settlemier Avenue intersection improvements were received from the following contractors: D & D Paving, $542,814.06; D & D Concrete Utilities, $560,645.70; M.L. Houck Construction, $571,189.75; North Santiam Paving, $589,043.80; and Morse Bros., $657,727.00. Staff recommended that D & D Paving be awarded the contract which is 5% below the Engineer's estimate. JENNINGS/PUGE .... award the construction contract to the lowest responsible bidder, D & D Paving, for street improvements on Parr Road in the amount of $542,814.06. The motion passed unanimously. CONTRACT AWARD - I-5 GRAVITY SEWER PROJECT. Bids for the I-5 Gravity Sewer project located west of Boones Ferry Rd between School District property and Henry Farms Subdivision were received from the following contractors: Moore Excavation, $279,653.09; Marshall Excavation, $281,984.00; S-2 Contractors, $307,308.00; Valley Excavating, $335,900.00; Alliance Corp., $342,592.00; Miller & Sons, $353,345.80; and Davidson Utilities, $434,374.65. Staff recommended the acceptance of the low bid from Moore Excavation whose bid was approximately 19% less than the Engineer's estimate of $364,750.50. JENNIN~S/FIGLEY... award the contract to the lowest responsible bidder, Moore Excavation, in the amount of $279,653.09 for the construction of the I-5 gravity sewer project. The motion passed unanimously. LIABILITY, PROPERTY, AND WORKERS' COMPENSATION INSURANCE COVERAGE FOR FISCAL YEAR 1997-98. Staff recommended the continuation of insurance coverages through City County Insurance Services for fiscal year 1997- 98. JENNINGS/PU~H .... continue 1997-98 insurance coverage for liability, property, and workers' compensation through City County Insurance Services. The motion passed unanimously. JENNINGS/FIGLEY .... meeting be adjourned. The motion passed unanimously. The special meeting adjourned at 7:07 p.m.. ATTEST Mary Tennant, Recorder City of Woodburn, Oregon APPROVED NANCY A. KIRKSEY, MAYOR Page 2 - Special Council Meeting Minutes, June 30, 1997 MINUTES WOODBURN PLANNING COMMISSION JUNE 26, 1997 3B ~ The Planning Commission met in regular session at 7:00 p.m. with Commissioner Atkinson presiding. Chairperson Vice Chairperson Commissioner Commissioner Commissioner CommIssioner Commissioner CommissIoner Commissioner Atkinson Present Will Present Schuitz Present Lawson Present Frawley Present Palmer Present Torres Absent Warzynski Present Young Absent Staff Present: Steve Goeckritz, Community Development Director Naomi Tejeda, Assistant Planner Commissioner Lawson motioned to approve the minutes, Commissioner Atkinson seconded. The motion passed unanimously. BUSINESS FROM AUDIENCE None COMMUNICATIONS Request for extension of subdivison review 97-02, site plan review 96-21 for Hollywood Video - meeting to be continued to July 24, 1997. Commissioner Warzynski motioned to grant extension for review. Commissioner Will seconded. The motion passed unanimously. PUBLIC HEARING PLANNFn UNIT DEVF-LOPMENT 97-02 The Piculell Grou_D. Inc. and TEMCO Investment. linC.. "The Greens at Tukwila". Commissioner Palmer stated that he was an interested party due to ownership of adjacent property, however, he does not anticipate it will affect the vote, so he will participate in process. Staff read applicable ORS statements. Staff made presentation as reflected in Staff Report included in Planning Commission packet distributed for this meeting. Page 1 - Planning Commission Minutes of June 26, 1997 3B Commissioner Palmer · Asked at what point are Meridian Drive and Hwy 214 connected with the development. Staff · Will be dependent upon applicant's success in proceeding with Phase II. Commissioner Palmer · Asked about the possibility of a light at Meridian Drive and Hwy 214 in the future. Staff A light at that location has not been discussed. Meridian Drive will be a 34-foot improved surface, curb to curb, and during second phase will be tree lined with Red Norway Maples. Meridian Court will be smaller, but will be adequate for the Fire Department to use the cul- de-sac as a turn-around. There will be no parking there. Also, because there will be no parking on Hazelnut Drive, it is required that a parking space be installed for visitors to individual homes. Testimony of A!:)..olic.3nt - Tucker Mayberry (3236 SW Kelly. Portland. OR 97201 ) · Thanked Planning Commission for having public hearing and expressed his pleasure working with staff and is looking forward to finishing the project. · Will probably look at building up Phase II next summer. Plans include a swimming pool for the facility during that phase. · Will be developing lots using CC&R's and homeowners association by laws that were developed for the Miller Farm and Orchard Greens phases at Tukwila, with very few changes. Lots will be sold to builders, or people who wish to build their own homes. Commissioner Palmer Recommendation for Phase II - would like a lane connecting Meridian Drive on west side to golf course. Commissioner Atkinson · Called for testimony by proponents of the project. None Commissioner Atkinson · Called for testimony by opponents of the project. None Commissioner Palmer · Closed discussion - moved for approval of planned unit development 97-02 UGreens at Tukwila" subject to conditions of staff. Page 2 - Planning Commission Minutes of June 26, 1997 3B Commissioner Frawley · Seconded motion. Motion passed unanimously. Staff · Proposal will be brought to City Council as information at the next council meeting. provide notice to applicant. Will DISCUSSION ITEMS Staff · Applicant for signage at Hillyer Ford and Miles Chevrolet is requesting a continuance for the hearing to the July 24, 1997 meeting of the Planning Commission. Staff asked commission for a motion to that effect. Commissioner Lawson · Moved for a continuation of the hearing as requested by applicant. Commissioner Will · Seconded motion, motion passed unanimously. WORKSHOP I MCKEEVER/MORRIS. INC. (SMART DEVELOPMENTi · Presentation was given to Planning Commission on June 5, 1997, with proposed amendments as part of removing obstacles. Those amendments were discussed on June 5th and it was agreed that the applicant would return at this meeting to respond to comments that occurred at the meeting on the June 5th meeting. Applicant has provided a packet to the Commission which includes the revisions and a final draft report, · Asked for questions pertaining to packet. Commissioner War-zynski · Referred to Page 4 - COncerned that Woodbum's planning and code documents are not conducive to Smart Development Principles Keith Liden · Responded that this is a "before" picture - icon representing "no provisions" and is not necessarily a negative. Some things in the packet would resolve some of those issues. · First seven pages of packet are review material. New or revised material starts with the Design Guidelines including many illustrations and photos to give everyone a better idea of what is being discussed. · Idea that he is proposing is that these guidelines would help fulfill the smart development principle dealing with design elements and help describe what elements are important and Page 3 - Planning Commission Minutes of June 26, 1997 3B provides some guidance for the applicant as far as what the Planning Commission will require, plus serves as almost a checklist for the Commission when evaluating proposals. · Some concepts have already been implemented, and in some respects the City of Woodburn is practicing now what is being proposed. The market will drive whether the people will accept smaller lots and tighter situations. We are ahead of many of other communities in dealing with a lot of these issues. Commissioner Will · Questioned designs for garage and parking guideline as 60 ft from the front property line. · Agreed that the 60-ft distance is somewhat extreme, may be a criteria to change. Commissioner Will · Questioned Section 10A. 150 regarding nonconforming landscaping. · Explained the cost of landscaping would be tied in with the magnitude of the change during redevelopment of a property, and gives an order or priority of which changes to make. Commissioner Palmer · Page 16, Item H regarding fences - does this cover us requiring fence stability? · Unclear at this point - he can this issue discuss with the city attorney and building official and get back at next meeting. Commissioner Palmer · Suggested might be a better place to address this issue than within the ordinance. Commissioner Laws(;)n · Asked for brief explanation of Smart Development precept. Applicant gave brief overview as explained in packet. Commissioner Lawson · Question regarding Page 2 - Commercial Neighborhood Zone - likes smaller floor space suggested. Not sure CNZ has any place in today's environment, not many people would want it in their back yard. Concerned with crime/gang activity in parking lots, littering, etc. Page 4 - Planning Commission Minutes of June 26, 1997 3[3 · Responded this would be a decision for the Planning Commission to make. Referred to LaGrande's decision to allow a downsized neighborhood commercial use as a conditional use in many residential zones (max floor area 2500 sq. ft.), but did not limit uses which was a source of difficulty when developers wanted to build service stations in neighborhoods. Staff · Suggested incorporation of Iow intensity use in a neighborhood commercial zone. · Stated he has made changes to criteria (pages 21-22). Primarily design review - reworked to incorporated guidelines and conditional use. · Questioned narrower streets - matching use and parking demands; will that create general access problems, emergency response problems, etc.? Put together table(included in packet) to be used as a guideline to help make decision about which street standard to use in a particular instance. Staff · Stated this is a good first step. Will be discussed further with public works staff and fire district staff and develop a package that will be comfortable. Keith Liden · Asked for feedback - going in the right/wrong direction? Commissioners generally commented that packet looks good. Applicant stated will now put together a final report and submit a hard copy as well as on disk. Guidelines will be printed as a brochure. Staff · This is a good foundation with which staff and commission can use to refine ordinances, will then go through a public hearing process. None BUSINESS FROM THE COMMISSION Commissioner Frawley · Comer of Maple at Smith, lot on NE comer - view is obstructed. Staff · Will have Code Enforcement Officer look into situation. · Announced there will be no meeting on July 10, next meeting will be July 24, 1997. Page 5 - Planning Commission Minutes of June 26, 1997 3B Commissioner Frawley · Code Enforcement issues vehicles parked too long on street, housing overcrowding. Staff · Tedious process to get situation straightened out. There are constitutional rights issues involved, and court processes. When complaints arise, Code Enforcement can look into situation and take it from there. Motion was made and seconded to adjourn the meeting. The motion passed. Page 6 - Planning Commission Minutes of June 26, 1997 CITY OF WOODBURN ~70 Montgomely Street * Woodbum, Oregon 97071 * (503) 982-5~22{2 TDD (503) 982-7433 * FAX (503) 98{2-5~244 4B PROCLAMATION NATIONAL NIGHT OUT 1997 W~EREAS, the National Association of Town Watch is sponsoring a unique, nationwide crime and drug prevention program on Tuesday, August 5th, 1997, called "National Night Out"; and ~REAS, the "14th Annual National Night Out" provides a unique opportunity for the City of Woodburn to join forces with thousands of other communities across the country in promoting cooperative police-community crime and drug prevention efforts; and Igf'i:l~gEAS, it is essential that all citizens of the City of Woodburn be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime and drug abuse in Woodbum; and ~/I:iEREAS, police-community parmerships and neighborhood safety and awareness cooperation are important themes of the "National Night Out" program; NOW, TltEREFORE, I, Nancy Kirksey, Mayor of the City of Woodbum, do hereby proclaim Tuesday, August 5, 1997, as "NATIONAL NIGHT OUT" in the City of Woodburn. Nancy Kxrksey, Mayor City of Woodbum ~/ Dat~ ~ 10A COUNCIL BILL NO. 1 81 1 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE 1900 (DISCHARGE OF WEAPONS) AND DECLARING AN EMEKGENCY. WHEREAS, Section 5 of Ordinance 1900 regulates the discharge of weapons within the city limits; and WHEREAS, the City Council, by Ordinance 2192, recently amended this provision; and WHEREAS, the City Council wants to further modify this provision so that the ordinance permits ceremonial discharge of firearms at funerals conducted at cemeteries within the city, when the Chief of Police is notified, provided that no projectile is fired and only blank munition is used; and WHEREAS, the amendment to the ordinance will also provide that the City Council may, after an investigation and recommendation by the Chief of Police, by motion authorize other ceremonial discharges of firearms provided that no projectile is fired and only blank ammunition is used; and WHEREAS, the City Council finds that the ordinance should be amended to incorporate these provisions; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 5 of Ordinance 1900 is hereby amended to read as follows: Section 5. Section 5. Discharge of Weapons. (1) Except at firing ranges approved by the Chief of Police, no person other than a peace officer shall fire or discharge a gun, including spring or air-activated pellet guns, air guns or BB guns, firearm or other weapon which propels a projectile by use of gun powder or other explosive, jet or rocket propulsion. (2) "Firearm" means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder and which is readily capable of use as a weapon. (3) Notwithstanding subsection 1 of this section, the City Council may, after an investigation and recommendation by the Chief of Police, approve ceremonial discharges of a firearm or firearms. Ceremonial discharges of a firearm or firearms are permitted at Page 1 - COUNCIL BILL NO. ORDINANCE NO. IOA funerals conducted at cemeteries within the city when the services are arranged through a state licensed funeral home, the Police Chief is notified and only blank munition is used. Section 2. ~lr, rgr, l~. This ordinance being necessary of 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 Counc~and~d.~aapproval by the Mayor ^~.rov~ ~, to ~o.n: 'V3."r~~ W-- / ~ - q '¢ City Attorney Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder Approved: NANCY A. KIRKSEY, MAYOR ATTEST: Mary Tennant, City Recorder City of Woodbum, Oregon Page 2 - COUNCIL BILL NO. ORDINANCE NO. lOB TO: From: Subject: Date: Mayor and City Council through the City Administrator Ben Gillespie, Finance l)iFector Interfund Loans ~/.~." July 3, 1997 Recommendation: Council adopt the attached resolution authorizing interfund loans from the General Fund to the RSVP Fund and the City Gas Tax Fund. ~alglf~..9.1lll~ The major source of funding in the RSVP Fund is a federal grant. Funds are received on a reimbursement basis. Fourth quarter 1997 costs of the program will not be reimbursed until the first quarter of 1998. The City Gas Tax Fund receives its revenue from the State one month after the State collects it from the gas dealers.. The revenue for June will be posted in 1997, but the cash will not be received until July of 1997-98. These conditions would result in negative cash balances at year end, which can be avoided with interfund loans. The Council has adopted a resolution approving interfund loans during fiscal year 1997-98. However, loans that span a year end require the Council's specific authorization. The attached resolution authorizes loans of $23,000 to the RSVP Fund and $10,000 to the City Gas Tax Fund. The loans are for a period not to exceed one month. Financial Implications: These transactions will result in the loss of investment income to the RSVP Fund and the City Gas Tax Fund and a compensating increase in investment income for the General Fund. The cost to the RSVP Fund will be about $105 and the City Gas Tax Fund will be charged about $41. lOB RESOLUTION NO, ~ RESOLUTION ~UTHORIZIN~ INTERFUND BORRO~IN~ OF FUNDS ~T JUNE 1997. NHERF~, cash balances in the RSVP Fund, and the City Gas Tax Fund may be negative at year end, and NHEREAS, interfund loans are necessary to comply with Local Budget Law. Oregon Revised Statutes 294.460 allows this type of loan; now, therefore, THE CITY OF WOODBURNRESOLVES AS FOLLOWS= Section 1. That $23,000 of General Fund monies will be loaned to the RSVP Fund. Section 2. That $10,000 of General Fund monies will be loaned to the City Gas Tax Fund. Section 3. That the loans will bear interest at the rate the City can earn on monies deposited in the Local Government Investment Pool. Section 4. That said loans be repaid to the General Fund no later than July 31, 1997. Section 5. That the funds returned shall be obtained from city Gas Tax revenues and from RSVP grant revenues. Approved as to form:~,~~ City Attorney Date APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Page Mary Tennant, Deputy Recorder City of Woodburn, Oregon COUNCIL BILL NO. RESOLUTION NO. NANCY &. KIRKSEY, MAYOR 10C MEMO DATE: TO: FROM: SUBJECT: July 3, 1997 Mayor and City Council through/tt~e City Administrator il~'.''/ / Ben Gillespie, Finance Director ,I~' Resolution Authorizing Interfund Borrowing RECOMMENDATION: It is recommended that the Council approve the accompanying Resolution authorizing interfund borrowing during Fiscal Year 1997-98. BAI~KGROUND: This action is a housekeeping item designed to provide adequate liquidity in all funds. It allows the City flexibility by temporarily utilizing available monies in some funds to offset cash shortages in other funds. Property tax money, the principal source of revenue for the tax-supported funds, is collected in November end May. These funds are often Iow on cash during October and May, just prior to distribution of property taxes. The Federal Programs Fund operates on a reimbursement basis and from time to time requires a loan until the next reimbursement is received. Temporary interfund borrowing of this nature, a long-standing component of Oregon Budget Law, eliminates the need for borrowing from commercial lending institutions during the period prior to the receipt of tax revenues. FINANCIAL IMPLICA'RONS: Interest charged to the borrowing funds will equal interest earned in the lending funds. The net effect will be zero. 10C COUNCIL BILL NO. 1 81 3 RESOLUTION NO. A RESOLUTION AUTHORIZING INTERFUND BORROWING OF FUNDS DURING FISCAL YEAR 1997-98. WHEREAS, expenditures within the General Fund, Transit Fund, Library Fund, Park and Recreation Fund, and Federal Programs Fund may exceed revenues received at the time of expenditures, therefore, interfund loans are necessary to comply with Local Budget Law. Oregon Revised Statutes 294.460 allows this type of loan, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. During the fiscal year 1997-98, funds not to exceed $950,000 may be loaned to the General, Transit, Library, Park and Recreation, and Federal Programs Funds from General Operating Reserve, Wastewater Equipment/Replacement Reserve, Water Equipment/Replacement Reserve, Parks Capital Improvement, Water Capital Improvement, Wastewater Capital Improvement, Street/Storm Drain Capital Improvement, Water or Wastewater Funds. Section 2. That said loans be returned to the respective funds listed in Section I of this Resolution no later than June 30, 1998. Section 3. That the loans will earn interest from the date on which the loan is made at the rate being paid by the State of Oregon's Local Government Investment Fund. The borrowing fund will pay the interest expense on the date the loan is repaid. Section 4. That the funds returned shall be obtained from property tax revenues for fiscal year 1997-98 within the General, Transit, Library and Park and Recreation Funds; and from federal grant revenues within the Federal Programs Fund. Approved as to form: City Attorney Date 10C APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder NANCY A. KIRKSEY, MAYOR ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 2 COUNCIL BILL NO. RESOLIJTION NO. 1OD MEMO TO: FROM: SUBJECT: City Council through City Administrator Public Works Program Manager ,~,~-"~ Professional Engineering Services Agreement for Maintenance Work on City's Elevated Water Storage Reservoir DATE: July 9, 1997 RECOMMENDATION: Approve the attached resolution authorizing the mayor to sign an agreement with Murray Smith & Associates, Inc. to provide professional engineering services involving work related to painting of the city's 750,000 gallon elevated water storage reservoir in the amount of $9,500. BACKGROUND: The city recently completed removal and replacement of the interior coating of the city's 750,000 gallon elevated water reservoir. The next required step will be repainting of the exterior of this reservoir. The city will need professional engineering services to provide the required specifications and construction engineering for this work. Murray, Smith and Associates, Inc. provided the professional engineering services for the interior reservoir work and are familiar with the tank and its condition. The city would like the tank painted before the end of the summer prior to the rainy winter months and it is necessary to get the consultant working on this project at this time to comply with this desired time schedule. Funding for this projected was included as part of the water division budget for this fiscal year. 1OD COUNCIL BILL NO. 1 814 RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH MURRAY, SMITH AND ASSOCIATES, INC. WHEREAS, The City of Woodburn needs plans, specifications, and engineering estimates for painting of the city's 750,000 gallon elevated reservoir, and WHEREAS, The city will need assistance during bidding, award and construction, and WHEREAS, Murray Smith & Associates, inc. has been identified as a consultant capable of providing the services necessary to the city; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with Murray Smith & Associates, Inc. to provide professional services as a consultant in preparation of plans and specifications and for construction engineering assistance for the painting of the city's 750,000 gallon elevated water storage reservoir which is attached as attachment "A" and by this reference incorporated herein. Section 2. That the Mayor is authorized to sign said agreement on behalf of the City of Woodburn. Approved as to form: 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, Recorder City of Woodbum, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. IOE MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager~/"~'~ /~ Telecommunications Consultant Services Agreement for Work on New Phone System July 11, 1997 RECOMMENDATION: Approve the attached resolution entering into a Telecommunications Services Agreement with Pacific Netcom, Inc. for work on obtaining a new telephone system for the city in the amount of $12,160. BACKGROUND: The city's existing phone system is obsolete and at capacity. The system no longer has guaranteed parts availability in the case of mechanical difficulties. Council on May 12, 1997 selected Pacific Netcom, Inc. to provide the telecommunications consultant services required to obtain a new telephone system for the city. Pacific Netcom's work will be divided into three phases as follows: Phase 1: Assessment and Design. Development of a comprehensive design and set of functional requirements for the new phone system. Phase 2: Procurement. Development of the documentation and evaluation methodology necessary to produce a request for proposal for the procurement of all hardware, software, services and other components that meet the functional requirements as defined in phase one. Phase Three: Implementation. Management of the overall implementation of the phone system and facilities acquired as a result of phase two. Replacement of the current obsolete phone system is a documented need and will enable the city to provide better and more efficient service. Staff recommends that the resolution entering into the agreement with Pacific Netcom, Inc. be approved. COUNCIL BILL NO. 1 81 5 RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH PACIFIC NETCOM, INC FOR TELECOMMUNICATIONS CONSULTING SERVICES AND AUTHORIZING THE MAYOR TO SIGN ON BEHALF OF THE CITY. WHEREAS, The City's phone system is obsolete and parts availability is no longer guaranteed by the system's vendor, and WHEREAS, The city requires the service of a telecommunications consultant to guide the development of specifications for and procurement of a replacement telephone system, and WHEREAS, The city requested proposals from qualified telecommunications consultants, and WHEREAS, The City of Woodburn Council on May 12, 1997 selected Pacific Netcom Inc. to provide the telecommunications consulting services for acquisition of a new telephone system for the city; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with Pacific Netcom, Inc. for telecommunications consultant services which is affixed as Attachment "A" and by this reference incorporated here in. Section 2. That the Mayor is authorized to sign said agreement on behalf of the city. Approved as to form:~, .~V~~/?~ 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, Recorder City of Woodburn, Oregon IOE Page I - COUNCIL BILL NO. RESOLUTION NO. IOE AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is entered into between Pacific Netcom, Inc., an Oregon corporation (hereinai~er Consultant) and the City of Woodbum, an Oregon municipal corporation (hereinafter Client). Consultant desires to provide and Client desires to obtain consulting assistance to as described in the attached Proposal for Telecommunication Services. In consideration of the mutual covenants comained in this Agreement and other good valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Professional Services 1.1 Consultant will provide the services specified in its April 10, 1997 Proposal for Telecommunication Services which is attached hereto as Exhibit "A" and is by this reference incorporated herein and any services specified in any future Statement of Work which hereai~er may be agreed to between the parties. 1.2 The services shall be performed at Client's location, or at Consultant's Portland, Oregon location, or upon request of Consultant, approved by Client, at any remote locations. 1.3 Client may change the services or obtain additional services not covered by this Agreement. Client shall submit specifications to Consultant. Consultant shall provide Client with a cost estimate for performing the changed or additional services, and if accepted by Client shall be governed by the terms and conditions of this Agreement. 1.4 Consultant shall assume full responsibility for the services provided. 2. Term and Termination: 2.1 This Agreement shall commence upon date of the last party signature and shall expire upon completion of the services and payment thereof by Client, or upon its earlier termination as provided in this section. 2.2 Either party may terminate this Agreement immediately upon ten (10) days written notice to the other, with or without cause, for any reason whatsoever. Upon termination of this Agreement, each party shall be released from all obligations and liabilkies to the other occurring or arising after the date of such termination, except that any termination of this Agreement shall not relieve Client's obligation to pay Page 1 - Agreement for Professional Services IOE for any services already rendered, or for any liability arising from any breach of this Agreement. 3. Fees 3.1 In consideration for the services provided, Client shall pay Consultant at the rate of lqinety-five Dollars ($95) per hour. In conformance with the Proposal for Telecommunication Services (attached as Exhibit "A") the project shall be divided into three phases, as follows: Phase 1: Assessment and Design, Phase 2: Procurement, and Phase 3: Implementation. Consultant's consideration for the completion of Phase 1 shah not exceed Four Thousand Eight Hundred Forty-five Dollars ($4,845). Consultant's consideration for the completion of Phase 2 shall not exceed Two Thousand Eight Hundred Fifty Dollars ($2,850). Consultant's consideration for the completion of Phase 3 shall be as outlined in the Proposal for Telecommunication Services (attached as Exhibit "A") and is not estimated to exceed Four Thousand Four Hundred Sixty-five Dollars ($4,465) 3.2 Consultant will invoice Client for services as rendered. Consultant shall provide Client an invoice with a description of services rendered not later than five (5) business days after the preceding invoice period. The net invoiced amount is due in thirty (30) calendar days from the date of receipt of the invoice. 3.3 The fees payable under this Agreement shall not be considered to include local, state, or federal sales, use, excise or other similar taxes or duties levied against Client or a consequence of the providing service. Such taxes and duties shall be assumed and paid by Client. 3.4 In addition to the fees provided for under this Agreement, Client will pay Consultant's reasonable business expenses for services performed on behalf of Client including, but not limited to, travel expenses, parking expenses, and long distance tolls, if any. Consultant's shall present requests for expense reimbursement as incurred but at least monthly. Payment will be made by Client for expenses approved within thirty (30) calendar days of receipt. 4. Warranty 4.1 Consuhant warrants services will be of professional quality and conform to the generally accepted standards of the telecommunications industry. 4.2 Consultant warrants that, as a participating member of the Society of Telecommunications Consultants (STC), aH conduct will be in compliance with the eleven point Code of Ethics as published by the STC. Page 2 - Agreement for Professional Services IOE 4.3 4.4 4.5 Public 5.1 5.2 5.3 5.4 5.5 eleven point Code of Ethics as published by the STC. Consultant makes no other warranties, written, oral or implied, including without limitation any implied warranties of merchantability or fitness for a specific purpose. Any services performed by Consultant which are determined by Client to be of less than professional quality and which after investigation by Consultant are acknowledged by Consultant to be of less than professional quality shall be corrected by Consultant without charge to Client. Client shall provide Consultant with a written request for investigation of services within two (2) weeks after Client discovers the alleged error but not more than 180 calendar days from the performance of such Services. Contracting Provisions Consultant shall comply with all applicable federal, state and local laws, rules and regulations. Consultant, Consultant's subcontractors, if any, and all employers working under this contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all of their workers. Consultant shall pay all contributions required to be made by Consultant to the Industrial Accident Fund. Consultant shall pay when due ali sums, including sums withheld from Consultant's employees' pay, which Consultant has agreed to pay to health care providers for treatment rendered to Consultant's employees. No person employed pursuant to this contract shall be employed for more than eight hours in any one day, or 40 hours in any one week, except incases of necessity, emergency, or where the public policy, as determined by Client, absolutely requires it. Employees shall be compensated at the rate of time and a half for all overtime worked in excess of 40 hours in one week, except for individuals who are excluded from receiving overtime under ORS 653.010 to 653.261 or under 29 U.S. Sec. 201-209. Consultant shall make payment when due to all persons supplying labor or material to Consultant for the prosecution of work performed under this contract. Consultant shall not permit any lien or claim to be filed or prosecuted against Client on account of labor or material furnished pursuant to this contract. Page 3 - Agreement for Professional Services IOE If Consultant fails, neglects or refuses to make payment when due of any claim for labor or services furnished to Consultant or a subconsultant for work performed pursuant to this contract, Client may pay such claim and charge the amount of the payment against funds owed by Client to Consultant. 5.6 Consultant shall pay to the Oregon Department of Revenue all sums withheld bom employees pursuant to ORS 316.167. 5.7 To the maximum extent economically feasible, Consultant shall use recycled paper in performing the contract work. 6. INDEMNITYPrtOLD HARMLESS Consultant shall defend, indemnify and hold harmless Client, Client's officers, employees, agents, and representatives bom and against all claims, demands, penalties, and causes of action of any kind or character, including the cost of negligence thereof; including attorney's fees, arising in favor of any person and arising out of the negligence or intentional misconduct or omissions of Consultant, Consultant's agents, employees, and subconsultants. This Agreement is binding on the heirs, successors, and assigns of the parties hereto. this Agreement may not be assigned by Owner or consultant without prior written consent of the other. 8. FINAL A~REEMENT/BINDING EFFECT/ATTORNEY FEES This document contains all of the terms and conditions of the parties' Agreement. Any waiver or modification of the terms of this Agreement must be in writing. This Agreement shall be construed so that the plural shall include the singular and the singular shall include the plural. This Agreement shall be binding upon the parties, their successors and assigns. The prevailing party in any lawsuit arising out of the Agreement shall be entitled to attorney fees, costs and disbursements. 9. INTERPRETATION OF AGREEMENT This Agreement shall be interpreted in accordance with Oregon law. All provisions of this Agreement have been negotiated at arm's length. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. Page 4 - Agreement for Professional Services IOE 10. SEVERABILITY/SURVIVAL If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. Any provisions concerning the limitation of liability or indemnity shall survive the termination of this Agreement for any cause. CITY OF WOODBURN PACIFIC NETCOM, INC. BY' BY: Nancy A. Kirksey, Mayor Harry Green, President Date: Date: ATTEST: Mary Tennant, City Recorder Page 5 - Agreement for Professional Services IOE Due to the size of Exhibit "A", it is not included but is attached to the original and available for inspection in the City Recorder's office. 1OF To~ From: Subject: Date: City Council through City Administrator Assistant City Engineer ~ Payment authorization for urgent repair of Mill Creek Pump #2 including rehabilitation of foundation and driveline. July 7, 1997 RECOMMENDATION: Authorize payment of $9,382.67 to Stettler Supply Company of Salem for repair of Mill Creek Pump #2, including rehabilitation of foundation and driveline that has brought the City back to meeting redundancy requirements of DEQ; reliability has been achieved. BACKGROUND: Almost 100% of the sewage volume generated by the City passes into Mill Creek station wet well and is then pumped out to the treatment plant. Keeping Mill Creek pump station m good running condition is essential. Pump #2 was m need of repairs. Pump #2 was evaluated by City crews and an outside consultant as being m poor condition. The outside consultant is Reed Electric; their expertise includes vibration analysis of rotating machineries. Their assessment of Pump # 2 was: Inboard bearing failing. Pump case cracked between inboard and outboard bearing housings. Steel connecting pump base had broken loose from floor foundation. The pump base is actually three pump pedestals; each pump has three pedestals to support it. Stettler Supply was engaged to do the pump repair work. They removed the pump from the station and took it to their shop in Salem. Stettler Supply further examined the pump as it was being dismantled m their shop; they concluded the cracked pump case could be welded but they would not provide a warrantee. Public Works wanted a warrantee for a period of at least one year. The pump case was sent to Beckwith and Couffle m vancouver, Washington; that firm welded the crack and agreed to guarantee the weld for one year. During this time tho drive shaft was further evaluated; it was decided to ship it to Driveline Specialties in Portland. That firm detemuned the universal joint bushings were worn but shaft segments were straight. They re-built all three universal joints. While pump and shaft repairs were progressing investigation of pedestals was done. It was determined to remove the old grout and spacer plates and replace them with new grout. Gelco was hired to do this work as a sub-contractor to Stettler Supply. The various firms involved were instructed to send their parts and bills to Stettler Supply when they had completed their repairs. Stettler reassembled the pump and installed it m the station along with the drive sha~. This bill is total of outstanding payments to be made on #2 pump repairs. It should be noted this pump station has been in service for over 18 years during high flow conditions in the last winter and emergency repairs had to be made to pump #1; fortunately only a minor amount of waste water spilled to the creek. TO: FROM: SUBJECT: DATE: City Council through City Administrator Dean Morrison, P.E., Assistant City Engineer Contract award for the Alley Rehabilitation Project. July 1, 1997 lOG RECOMMENDATION: That Woodburn City Council award the Contract to low bidder, Geico Construction, in the amount of $159,459.75 for construction of the Alley Rehabilitation Improvements Project. BACKGROUND: The Engineering Department properly advertised and received two legal bids for the above named project. The bids were publicly opened and read at City Hall on Tuesday June 17, 1997 at 11: 00 am. The bid results, including the Engineer's Estimate, are as follows: Gelco Construction D & D Concrete Utilities $159,459.75 $165,227.50 Engineers Estimate $144,725.00 The lowest bid of $159,459.75 was received from Gelco Construction and is within 10 percent of the Engineer's Estimate. NOTE: The LID portion of the project was estimated at $109,645.00 and the low bid for this portion of the project is $117,756.75. By ordinance the assessment will be limited to $109,645.00. File: l:~project~95 oo 12-29k~unawrd. wpd 1OH MEMO TO: FROM: City Council through City Administrator Dean Morrison, Assistant City Engineer SUBJECT: Acceptance of Utility Easements as part of I-5 Force Main & Gravity Sewer Project DATE: July 7, 1997 RECOMMENDATION: That the Woodburn City Council accept the Utility Easements duly signed by the property owners and received by the City. BACKGROUND: A sanitary sewer force main and gravity sewer has been approved for an area from West Lincoln Street near Cascade to the existing samtary line at Boones Ferry and Goose Creek. Enclosed are easements that are necessary to provide for such an alignment. List of signed easements: Mitchoff J. D Swanson, William A. & Naomi G. 11 1080 Tax Lot # 92920-490 92920-480 HENRY'S i, i' i/ FARM ~ SUB, ! 10 FOOT EXISTING I I Enclosure SCHDDL PRDPERTY UTILITY EASEMENT 1OH KNOW ALL ME~ BY ~ PRESENTS, that Swanson. tflfilliam/L & Swanson. Naomi G. husband and ~fe for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever gr~nt unto the CITY OF WOODBURN, a Municipal Corporation of Marlon County, Or. on ~ to hevdn as the CITY, a perman~t fight-of-way and eas~nealt over and along the full width and length of the premises described as follows, to wit: A four-foot-six inch wide utility easement, bordering the northerly property line lying within a portion of Senior E~__t~ Il2 Block 14, lot ti0, Tax lot No. 92920-4~0, Deed Red 998, Page 184 in Seaion 7, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, the easement is more particularly descn'bed ~ follows: Beginning at the northwest comer of lot ~9 Block 14 of Senior Estates Number Two; thence south 82~39' east, 80.00 feet along the north property line to the edge of a 10.00 foot existing easement as defined on the Plat for Senior Estates It2, thence south 07' 21' west 4.50 feet; thence north 82° 39' west 80.00 feet, thence north $2° 39' east 4.50 feet to the point of beginning. With the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, a ~ pipeline or pipelines, with all appurtenances inddent thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above d~cn'bed pioT~ses at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such UT~Y fac'flity is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvements disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. TH~ GRANTORS, heir~ and assi~s, reserve the right to use the premises for walkways, driveway~, planting, and related purposes, and all UTILrrY/halllties ~ be at a depth consistznt with the~e purposes. EXCEPTION: No structure shall be placed within the easement, or within 45° projection upward from the bottom of the pipe. Accepted bythe Woodbum City Council on .1997 Mw/Te~ut, City Recorder City of Woodbum, Oregon STATE OF OREGON ) ) ss COUNTY OF MARION ) On this thc ~3t- tCday of .,~J~ ~ ,~ e-_ , 1997, before me a Notary Public in and for thc County and State kno~ to mc to be the s~mc pe~s) ~os~ mm~ ~'c subscnt~d to thc wiflxin instnm~t and ackn°~ ~at ~ ~I~Y exccut~ thc s~nc for thc purpese therdn contain~ IN WITNESS WHEREOF, I hereunto set my hand and official se. al. NOTARY I~!all~LIC ' My Commission Expires: 6v" / -3 '- ~? '7 : :~;:,.['i LYNN A. GERSTNER UTILITY EASEMENT 1 OH KNOW ALL MEN BY THESE PRESENTS, that Mitchoff. J.D for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forover grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, a permanent right-of-way and easeme~ over and along the full width and length of the premises described as follows, to wit: A five-foot wide utility easement, bordering the northerly property.line lying within a portion of Senior Estates #2 Block 14, lot #10, Tax lot No. 92920-490, Deed Reel 1310, Page 14 in Section 7, Township $ South, Range 1 West of the W'dlamette Meridian, Marion County, Ore, on, the easement is more particularly described as follows: Besinning at ~ southwest corner of lot #10, Block Fourteen of Senior Estates Number Two; thence south 82~9. east, 80.00 feet along the south property line; thence north 07° 21' east 5.00 feet; thence north 82' 39' west 80.00 feet, thence south 82° 39' west $.00 feet to the point of beginning. Vvr~th the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, a UTIL~ pipeline or pipelines, with ail appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere ~ the use of said pipeline, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and ail times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. TI-IE CITY SHALL, upon each and every occasion that such UT~Y facility is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvements disturbed by the Cit~, to as good condition as they were in prior to any such installation or work, but if not practicable~ then pay to Grantors reasonable compensation. THE GRANTORS, heirs and assigns, reserve the right to use the premises for walk-ways, driveways, planting, and related purpose~ m~l all UTIL~ facilities shah be at a depth consistent with these purposes. EXCEPTION: No structure shall be placed within the easement, or within 45° projection upward from the bottom of the pipe. ,~t.~i: %... __.~::, <-// '..; ~ Accepted by the Woodbum City Council , :?,' -.-~/-~-->-~--- on , ! 997 Mary Tennant, City Recorder City of Woodburn, Oregon STATE OF OREGON ) ) SS COUNTY OF MARION ) IN WITNESS WHEREOF, I horeunto set my hand and official seal. ."~ ~.~-~-r. ~ -~ NOTAR~ lbUBLIC My Commisaion Expires: 101 MEMO TO: City Council through City Administrator FROM: Dean Momson, Assistant City Engineer SUBJECT: Acceptance of Warranty Deed for Block "A" in First Addition to Mauna Kae Park DATE: July 7, 1997 RECOMMENDATION: That the Woodbum City Council accept the property at the end of Marcel Drive being transferred by a Warranty Deed duly signed by the property owner and received by the City. ( Note: This property will become part of Marcel Drive right-of-way ) BACKGROUND: Block "A" m Marina Kae Park is a one foot by sixty foot spite strip that was intended to be given to the City. The Warranty Deed from Shirley Rose to the City will do what was proposed on the plat but never legally transfered to the City even though there was an retention to do so. At present, all taxes for the spite strip have been assessed to Mrs Rose, and she wants to bring about a change that will establish ownership of this small parcel to the City. List of signed legals: 1. Shirley D. Rose WALILALE 5 · 103' 03 035 --k FORM- Warranty Deed (individual or corporate) WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That SHIRLEY D. ROSE hereinafter called the grantor, for the consideration hereinafter stated, to grantor paid by CITY OF WOODBURN, A MUNICIPAL CORPORATION, hereinafter called the grantee, does hereby grant, bargain, sell end convey unto the said grantee and grantee's heirs, successors and assigns, that certain real p~operty, with the tenements, heraditaments and appurtenances thereunto belonging or appertaining, situated in the County of Marion and State of Oregon, desc~bad as follows, to-wit: A Public Right-of-Way dedication, 1 foot by 60.07 fool stdp as referred to in the Plat of the First Addition to Mauna Kae Park as recorded in Volume 28 page 35, within the SE 1/4 of the SW 114 of Section 8, Township 5 South 1 West in the VV'diamotte Meridian, Marion County, Oregon. This stdp of land is described as block "A" and is referenced as tax lot # 92460-090. This 1 foot wide Public Right-of-Way dedication is more particularly described as follows: Beginning at the southeast (~omer of lot ~3 Block 1 of the 1st Addition to Mauna Kae Park, thence north 86° 03' 18" west, 82.40 feet to the point of true beginning, thence north 6° 40' east, 1 foot, thence north 86~ 01' 39" west, 60.07 feet, thence south 6° 40' west, 1 foot, thence south 86° 01' 39" east, 60.07 feet more or less to the point of true beginning. 101 (IF SPACE INSUFFICENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. And said grantor hereby covenants to end with said grantee and grantee's heirs, successors and assigns, that grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances and that grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever, except those claiming under the above described encumbrances. The true and actual consideration paid for this transfer, stated in terms of dollars, is $0.00 . ~However, the actual consideration consists of or includes other property or value given or promised which is the whole/part of the consideration (ir, dicate which)? (T. Y,e sentence between the symbols~, if not applicable, should be deleted. See ORS93.030.) In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations al;d to individuals. In Witness Whereof, the grantor has executed this instrument this .x~ 'T day of if a corporate grantor, it has caused its name to be signed and its seal affixed by an officer erJother person duly authorized to do so by order of its board of directors. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE- SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY IHOULD OHEOK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. Accepted by the Woodburn City Council on ,1997 City Recorder STATE OF OREGON, County of This instrument was acknowledge,~ before me on This instrument Wad acknowledged before me on by )ss. /~)~. .~ ,1997, ,1997, as Notary Public for Oregon My commission expires Shirley D. Rose 6799 Westrldge Ct, N. Kelzer. OR 97303 GRANTOR'S NAME AND ADDRESS Ci~/or ¥,'oodburn 270 Montgomery St Woodbum. OR 97071 GRANTEE'S NAME AND ADDRESS After recording return to: City of Woodburn 270 Montgomery St Wggdburn. OR 97071 NAME. ADDRESS, ZIP Until a change is requested all tax statements .--.hall be sent to the following address: NAME, ADDRESS. ZIP SPACE RESERVED FOR RECORDER'SUSE STATE OF OREGON, County of Marion / I certify that the within instru- ment was received for record on the day of , 19__, at o'clock __M., and recorded in book/reel/volume No. ,on page. or as fee/file/instru- ment/mlcrofilm/receptlon No Record of Deeds of said county. Witness my hand and seal of County affixed. Name Title By Deputy lOJ MEMO To: From: Subject: Date: City Administrator for Council Action Randy Scott C.E.Tech m, through Public Works Director Acceptance of Public Right-of-Way and Utility Easement July 10, 1997 RECOMMENDATION: It is being recommended that the City Council accept the attached Public Right-of-Way as described on Attachment "A", an area north of the proposed Robin Avenue designated as wetlands for drainage purposes on Attachment "B" and a utility easement as described on Attachment "C". BACKGROUND: The Right-of-Way is being conveyed to the city to provide for the extension of Robin Avenue from Woodland Avenue to Amey Road, the area North of Robin Avenue is designated as a wetland area and is being conveyed for drainage purposes, the utility easement is adjacent to the Woodland Avenue for sidewalk and utility purposes. The conveyance is in conjunction with the Miles Chevrolet development. Also attached is a map showing the location of proposed dedications. lOj AI'T~ 'C- UTILITY EASEMENT ATTACHMENT WETLAND/DRAINAGE AREA Z L ~ 420.?t° HIGHWAY 214 FORM- W....~ Oe~ (~.~u~ o. ~o~o.,e) ATTACHMENT "A" WARRANTY DEED KNOW ALL MEN'BY THESE PRESENTS, That MILES REAL ESTATE LLC. hereinafter called the grantor, for the 3nsidemlion hereinafter stated, to grantor paid by CITY OF WOODSURN, A MUNICIPAL CORPORATION, hereinafter called the rare·a, does hereby grant, bargain, sell and convey unto the saki grantee and grantee's heirs, succe~ors and assigns, that ~=dain real IXePe~, with the tenements, heredilaments and appurtenances thereunto belonging or appertairing, situated in the ounty of Madon and State of Oregon, desathed as fellows, to-vat: ngianlng at ate Nmthweat comer of the real pmporty conveyed fe Robert I~Mdns on January 20, 1994 as recorded in Reel 1136 age 595 of~ I/,croffim Records far Merkm County, Oregon; Thence South ~'~.5~' East. along the No~th line of said Reel 13~ Page ~, · dbtanoe of 1~3.g~ fee(, to a paint of cur~ture; Thence Soutbaa~edy, a distance of 133.~ feet along the arc of , · pe~ of mvef~ cuwatura; Thence Soultmmlefty, a ~ of 133.~ feet along the arc of· la0.00 font radius cunm to the ,R, ~th · ~ Ingle of 42o3~'34", and ~tdch chord bears ,South ~7-4~'3~" E~t 130.~0 feet, to. point of tangenw; Thence , a point on the E.~ ,ne of ~1Rse1113~ page 595; Tbence ~outh 00or~)5' Wast, along the E~t line of said Rsal 113~ P~ge 9S, a di~lm~ce of 80.77 feet, to a pclnt on a curve; Th·nos NorltaveMmty, · clistznce of 82g feat along tim arc of a 32-00 f°°~ ' ~iu~ cunm M t~e left. with · oentml angle of 14-50'23', m~d whic~ chord bsara Nor~ 81o38'44' W~t 8~-~ feet, to a point of ~ngency: Tbeace North 8g~03~u5" Was'C · ~mce of 39.78 feet, to · paint of cunmture; Thence Northwe~edy, a di~ence of 7~45'3r ~ 1~.g3 feet, to a point of revere cunmtura; Thence ~, a di~ence of 74.37 feet Mong the arc of a 00.00 fea~ mdim cur~e to the lea, w~ a central angle of 42o3~4", end ~ ~ beers No~d~ 67.45~"-Wast 72.67 lek fe a oint of tsngenc~, Thence North 8go03'SS" WeM. · diM·rice 16g.3~ feet, to the Wast line said Reel 113~ Pnge 595; Thence North ~47'43" ~ ~ong the West line of said Reel 113~ Page 595, a dl~ance of 90.18 feet, to the point of beginning; (IF SPACE INSUFFIGENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. And said grantor hereby covenants to' and with said grantee and grantee's heirs, successors and assigns, that rantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances nd that grantor will warrant and forever defend the said premises ·nd every part and parcel thereof against the lawful iaims and demands of all persons whomsoever, except those claiming under the ·boy· described encumbrances. The true and actual consideration paid for this transfer, stated in terms of dollars, is $0.00 . -Iow·veT. the actual consideration consists of or includes other property or value given or promised which is the hole/part of the cOnsideration (indicate which).~ (The sentence between the symbols~. if not applicable, should be el·ted. See OR893.050.) In con~truing this deed end where the context so requires, the singular includes the plural and all grammatical hangs· eh·Il be implied to make the provisions hereof apply equally to corporations and to individuals. In With·sa Whereof, the grantor has executed this instrument this__ day of ,1997; a corporate grantor, it has caused its name to be signed and its seal affixed by an officer or other person duly uthorized to do so by order of its bo·rd of directors. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE- SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND JSE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE ~ROPERTY BHOULD CHECK WITH THE APPROPRIATE CITY OR ~OUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. Rrol3'erf'R. Miles STATE OF OREGON, County of f['"l ..~ 4' ~ · ' '~; This instrument was acknowledged before me on :/~ ~ by //-~ "~;¢-~ ~' /L~. /I),~. ~% ,ccepted by the ¥oodburn City Council ~n ;ity Recorder This instrument was acknowledged before me on by )SS. ~:t ,~- VESTAL ~ARY ~BLIC~GON No~ P~c for Oregon COMMISS~N NO 02~9 ~RES AUG 6 1~7 NAME ANU ~RANTEE'~; NAME AND ADDRb.~S ~fter recording return to: ,,1997, Jntil i change is requested all tax statements shell be sent to the 'oliowing address: ,1997, NAME, ADDHE$&,ZIP SPACE RESERVED FOR RECORDER'S USE STATE OF OREGON, County of Marion J I certify that the within instru- ment was received for record on the day of .,,, t9 at o'clock ~M., and recorded in book/reel/volume No. ,on page or ss fee/flle/instru- mentJmicrofilmlreception No , Record of Deeds of said county. Witness my hand and seal of County affixed. Name Title By Deputy lOJ FORM-Warranty Deed (individual oi' corporate) ATTACHMENT'B' WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That MI{ES REAL ESTATE LLC. hereinafter called the grsntor, for the :on~iderslion hereinafter stated, to grantor paid by CITY OF WOOl)BURN, A MUNICIPAL CORPORATION, hereinafter called le gra~ee, does hereby grant, bargain, ~ell and convey unto the said grantee and grant·a% heirs, ~ and assigns, that erlain mai IX·per·y, with the tenement, bars<r~Lments and appurtenances thereunto belonging or appertataing, siluated in the ;ouMy of ~ and State of Oregon, desct~3ed as follows, ~ ~ lethe No~heast comer of the real property conveyed to Robert R. I~es on Janumy 20, 1994 as receded in Reel 113~ Page 595 of the Ik~K~o~dm Records for Marion County, Oregon; Theme South 00~56'05' West, along the most Easterly line of la~l Reel 1136 Page 595. a distance of ~4.98 fo·t, to In angle comer on the ~akl moat ~ lins; Thence North Iioag the F..a~ ~ne of saicl Reel 1136 Page 595, a dietinG· of 0.37 feat, to a point mt I cory·; Th·Rca Norlhwe~lerb/, a dl~al~l of I~0 foe· along the am of e 112.00 foet mdlu~ ~rv~ to the leR, with a ceMml angle of 04-t 1'47', and which chord beam Nmlh a~,5~31' We~t I~0 fea~ to a point of tengoney; Tbenca No~h ~9-03~S" We~ · dl~tam:e of $9.7a fe~ fo · ix~i~ ef eunmfl~re; Thence Norllwe~terly, a distance of 133.~ f~at along the arc of a t ~0.00 fo~ mdiu~ c~'ve to tbe right, ~lh a eerdml angle of 42o38'34', snd ~ chord bears Norlh 67.45'3~' We~t, s di~tsnce of 130.~0 feet, to a ~ of rev·me e~vature; Thence Nodl~wesl~ly, I distance of 133.~6 fee< along Ih· am of a 1~0.00 foe· radius curve to the lei·, wit~ · ~ angle of 42°36'34', and which chord bears North 67~45'3~' We~ a distance of 130.~0 feet, to. point of tangency, and ~ia~ Ix~t is alee on the North line of eakl Reel t136 Page 595; Thence Sonth 89o03'55' Ea~ along the North line of =aid ~ 1136 Page 595, s distance of 331.69 feet, ·Gibe point of beginning; (IF SPACE INSUFFICENT. CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. And ·aid grantor hereby covenants to and with ·aid grantee and grantee's heirs, successors snd assigns, that ranter il l·tfully seized in fee simple of the above granted premises, free from sll encumbrances nd that grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful laima ·nd demands of all persons whomsoever, except those claiming under the above described encumbrances. The true and actual consideration paid for this transfer, stated in terms of dollars, le $0.00 . .Iow·var, the actual consideration consists of or includes other property or value given or promised which is the hole/part of the consideration (indicate which).~ (The sentence between the symbols~. if not applicable, should be elated. See ORS93.030.) In construing this deed and where the context so requires, the singular includes the plural and all grammatical ~anges shell be implied to make the provisions hereof apply equally to corporations and to individuals. In W1tnas~ Whereof, the grantor has executed this instrument this day of ,1997; a corperate grantor, it has caused its name to be signed and its seal affixed by an officer or other person duly uthodzed to do so by order of its board of directors. ROBERTR: MILES- ~- - - r - v HIS iNSTRUMENT WiLL NOT ALLOW USE OF THE PROPERTY DE- CRIBED IN THIS INSTRUMENT IN VIOLATION OF APPUCABLE LAND SE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING HIS INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE ROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR OUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. :cepted by the oodburn City Council , 1997 STATE OF OREGON, County of / ~ ~. '~/~'-' ! c;/~* )ss. This instrument was a~knowledged before me on ~'c .~ ~' ..)~ ,1997, by ~c/,~,~',~;' ~'~. I/~ '~' ~% This instrument was acknowledged before me on . ,i ."- - ~? ~' ,1997, ty Recorder of · -. ' OFFICIAL SEA - ':'~_') ~':_'/ ' t: .... · '~ '.~-~ KAY g VESl ~ ~ ~ Notity F/ub!ic for Oregon,. ""J ": 'i"" ;'/ NOTARY PUBL C-O~:'.'~}~)N ~:'My corn"mi·sion expires d -c-- :" ' COMMISSION NO U"'O49 ~ : ~" ". ?-/IMl$~lgN FXPmF.~ ~ ~ . ~,,,~-~ ~.,.i -..::,.....~. = _ .... _.~.~.'. ~RANTEI:'~ NAME ANI~ recording return to: NAME, ADDRESS, ZIP il a change is requested all tax statements shall be sent to the followlr ress: NAME, ADDI~E$~, ZIP SPACE RESERVED FOR RECORDER'S USE STATE OF OREGON, County of Marion ) I certify that the within instru- ment was received for record on the day of ,19~, at. o'clock ~M., and recorded in book/reel/volume No. ,on page or as fee/file/instru- mentJmicroffim/reception No , Record of Deeds of said county. Witness my hand and seal of County affixed. Name Title By Deputy lOJ UTILITY EASEMENT ATTACHMENT "C" 10J KNOW ALL MEN BY THESE PRESENTS, that MILES REAL ESTATE LLC., for the consideraion of One Dollar ($1.00) and other valualfle considerations to them paid, the receipt whereof hereby is acknowfl~lged, hereby do fomvor grant unto t~ CITY OF WOOl)BURN, a Municipal Coq~ration of Mafien County, Oregon mferrecl to herein as ~ CITY, a permanent fight-of-way and easement over and along the full width and length of the premises described as follows, to wit: A sixteen-foot Utility Easement, eight feet each side of the following described centefiine: Beginning at the Northwest com~' of the real property conveyed to Robert R. Miles on January 20, 1994 as ~ in Reel 1136 Page 595 of the Microfilm Records for Marion County, Oreg(m; Them~ South 04,,47'43' West, along the Wast line of said Reel 1136 Page 595, a distance of 80.18 feet to the True point of beginning; Thence conflmJing South 04047'43" West, along the West line of said Reel 1136 Page 595 a distance of 223.73 feet, to a point; Thence South 00005'43" West, along the West line of ~ Reel 1136 Page 595, a distance of 260.12 feat to a point of curvature; Thence ~mtheestedy, 79.71 feet along the arc of a 50 foot radius curve to the left, through a central angle of 91o20'43" and which cho~ bears South 45034~9" East a distance of 71.54 feat, to the point of ~ Thence No~ 01o14'41" West a cF~tartce of 6.54 feet to a point; Thence South 88045'19" West a distance of 9.59 feet to a point of cuwatum; Thence Northwestefiy 6.84 feet, along the arc of a 33.5 foot radius curve to the right, Ihrough a ce~-,~-a; angle of 1104229" and which chord bears North 85o23'27" West a distance of 6.83 fe~ to tim point of tangency; Thence North 13o51'31" West, a distance of 4.45 feet, to a point of curv~um; Thence Norttlwestedy 27.77 feet, along the am of a 29.5 foot radius curve to the right, through a central angle of 53°56'09" and which chord bears North 49o00'18" West a distance of 26.75 feet to the point of tangency; Thence North 84~09'05" West a distance of 4.45 feet to a point of curvature; Tber~e Northwesterly 11.26 feet, along the am of a 33.5 foot radius curve to the right, through a central angle of 19015'50' feet and which chord bears Norlh 08o5(729" West a distance of 11~.1 feat to the point of tangenc~, Thence North 86o13'13" West, a distance of 1.51 feet a point; Thence N°rth 00006'36" West, a distance of 128.78 feat, to a point; Thence North 01o01'46" East, a distance of 81.46 fest, to a point; Thence North 03o14'54" East, a distance of 98.31 feet, to a point; Thence North 03°26'43" East, a distance of 64.50 feet, to a point; Thence North 04~05'52" East, a distance of 62.71 feet, to a point; Thence North 04035'24" East, a distance of 40.99 feet, to a point of curvature; Thence Northeasterly 6.03 ~ along the arc of a 20.27 foot radius cuwe to lhe right, through a central angle of 17o02'15" and which chord bears Nod~ 10o59'34" East a distance of 6.01 feet, to a point; Thence South 83o45'14" East, a distance of 4.33 feat, to a point; Thence North 47044'42" East, a distance of 10.86 feet, to a point; Thence North 0°56'05" East, a distance of 3.56 feet, to a point; Thence North 89003'55" West, a distance of 18.47 feet, to the True point of beginning. Wdh the right, privilege and aulfmrity, to said City, to construct, maintain, replace, reconstruct, remove, and add to, a ~UTY pipeline or pipelines, with all appurtenances incident thereto or necessary therewith, in, under and across the said promises, and to cut and remove from said ~ght-of-way any trees and other obstructions which may endangor the safety or interfere with the use of said pipelines, or appurtenances attached or cormectad therewith; and the right of ingress and egress to and over said above described promises at any and ell times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such UTIUTY facility is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvements disturbed by the City, to as good condition as they were in pdor to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation, THE GRANTORS, heirs and assigns, reserve the fight to use the premises for walkways, driveways, planting, and related purposes, and all ~LITY facilities shall be at a depth consistent with these purposes. EXCEPTION: No structure shall be placed within the easement, or within 45= projection upward from the bottom of the pipe. ROBI~I~T R. MILES Accepted by the Woedbum City Council on ,1997 Mary Tennant, City Recorder City of Woodbum, Oregon STATE OF OREGON ) )SS COUNTY OF MARION ) · I, ~ :q .,-~. , On this lite ¢ 5 day of ~.,~ ~ 1997, before me a Notary Public in and for the County and State personally appeared, '~ c,, ~)c,'~Z.~ ~_. /;).,~-~ own to me to be the same pemon(s) whose names are m~ to the within instrument and acknowledged that they voluntarily executed the same for ~e purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ' / % )'.',..,_ ,._ .... NOTARY PJ[JBUC ~ -:- "~, OFFICIAL SEA~ ' ":~g-.-i.~'~ KAY L. VEST'AI ::; My Commission Expires: i' ' '.?:~.~7 NOTARY PUBLIC-ORE~N IOK MEMO To: From: Subject: Date: City Administrator for Council Action Randy Scott, CE Tech III, Through the Public Works Director Providing Connection to City Services at 1570 East Blaine Street. July 10, 1997 RECOMMENDATION: It is being recommended that the city council approve the request for connection to city service, domestic water and sanitary sewer service to property currently located outside the city boundary, at 1570 East Blaine Street. The approval is subject to the following conditions. 1.Thc property be annexed into thc city, thc process is to begin prior to service being provided ( see attachment "A", the properly signed annexation application ). 2. Sign non-remonstrance consent form for improvements on the future extension on East Blame Street( which is currently a private drive but may be public m the future) and Aztec Drive. 3. The existing subsurface sewage disposal system and domestic well shall be abandoned m accordance with state regulations. 4. At such time service can be provided from East Blame Street, the connection being allowed from Aztec Drive shall be removed and installed fi'om East Blame at the owner's expense. 5. All applicable fees be paid by the property owner. BACKGROUND: The owner of the existing residence located at 1570 East Blaine Street has requested to be allowed to connect to city water and sanitary service. The property is currently not located within the city boundary and is now supplied water service by an existing on-site private well, sanitary service is being provided by an on-site subsurface sewage disposal system which has failed and may have contaminated the existing well. At this time, the city has no facility to provide either requested service from East Lincoln Street currently operating as a private access. The configuration of the property does allow however the existing stmcture to be provided service from Aztec Drive. See attachment "B". For council's information, in addition to the annexation application provided, the owner has also made application to develop, partition separate parcels for single family residential use, this however is being reviewed through the site plan review procedures and process. Due to the length of time required, this is being brought before the council prior to the completion of the annexation, so that the connection can be made and eliminate the potential health hazard. ATTTACHMENT "A" 1 OK L ANNEXATION INFORMATION SHEET DIRECT QUESTIONS TO: DennisE. Rehder I1. II!. (NAME) 1640 E. Lincoln Rd. (ADDRESS) 981-o933 {TELEPHONE) Woodburn · OR 97071 (CITY) (STATE) (ZIP CODE) PROPERTY OWNERS: Dennis E. Rehder 1640 E. Lincoln - Woodburn, OR. 97071 NAME (PLEASE PRINT OR TYPE) LOCATION AND SIZE OF THE PROPERTY: ADDRESS & ZIP CODE Aprox. 1.00 Acres located at 1570 E. Blaine St - Woodburn, OR 97071 APPUCATION CHECKMST OFFICE USE ONLY YES NO ANNEXATION PETITION SIGNED, (NOTORIZED SIGNATURES) BY PROPERTY OWNERS EXHIBITS: 1. REASON FOR ANNEXATION REQUEST 2. PROPOSED DEVELOPMENT OF AREA 3. EXISTING CONDITIONS OF AREA (Exhibit "A") ',.- (Exhibit "B") .,, (Exhibit "C"} v-- 5. 6. 7. 8. SCHOOL IMPACT ANALYSIS (Exhibit "D") PARK AND RECREATION FACILmES AVAILABILITY (Exhibit "E-'") LEGAL DESCRIPTION OF THE PROPERTY (Exhibit "P3 (Exhibit "G") PLOT PLAN MST OF ALL PROPERTY OWNERS WITHIN 100 FEET OF THE PROPERTY ASSESSOR'S MAP SCHEDULED HEARING DATE: APPLICATION RECEIVED BY: annex.bs/bw DATE: · A, REO'D ,b. FEB 0 3 1997 WOODBURN COMMUNITY 775.L~ 260O 27 ATTACHMENT "B" 2900 l oK I~ --:lC t.945 CH" 5500 .4500 SO00 70.00 128.68 106 2aa2 92D~OO 1 105 104 92085~2~ .5200 ~100 F- '-, L~4 CIt .'t600 ,'t900 70.25 4800 101 '186.42 52.08 ~.~ 6 t56.76 5 '' ~6 59 14W 121.03 105 wo ~ A-7oo 3[ I IOL City of Woodburn Police Department STAFF REPORT 270 Montgom~, K e.n Wrig t Chief of Date: July Woodburn, Oregon 97071 (503) 982-2345 To.' Mayor and Council C. Childs, City Administrator The Woodbum Latin American Club, in preparation for the up-coming Fiesta Mexicana Celebration to be held July 13, 1997 and August 1, 2, 3, 1997 at Legion Park, has applied for a sound amplification permit. The Latin American Club has hosted the annual Fiesta Mexicana for thirty years. For the past several years Legion Park has been the location of the event and has grown from a local event to one that draws participants from all over Oregon as well as Washington and California. With the growth of the Fiesta Mexicana and encroachment of residences on Legion Park has also come social issues; noise, crowds, and parking problems to name a few. The police department will not have assistance from other law enforcement agencies because of severe budget reductions. The police department will have a command post established at Legion Park and provide foot and bicycle patrols in addition to regular patrol activities. While there have been minor incidents generally the .major problem is crowd control and parking problems. The Latin American Club and police department are working together in a attempt to mitigate these issues. As part of the festivities the Club requests the use of sound amplification equipment. As required by city ordinance 1900 (3) only the city council can approve such requests. The request are for the following days and times. Thursday July 31, 1997 6pm - 10pm Friday August'.~, 1997 1 lpm Saturday Augus ~t?, 1997 1 lpm Sunday August~, 1997 10pm Recommendation The City Council approve the use of sound amplification equipment on the above dates and for the times identified. C: \wp51 \council\fiesta97. snd 10L Woodbum Latin Amedcan Club P.O. Box 321, Woodbum, Oregon 97971 JUN 2 0 1997 June 20, 1997 'UtE The Woodbum Latin American Club would like to request an Amplified Sound Equipment Permit. The permit is for music that will be played in Legion Park during the Fiesta Mexicana. This year the Fiesta Mexicana will be held on August 1, 2, and 3. Most of the music will be on a stage back beside the picnic pavilion. However, there will also be music on a stage in front of the grandstand at times. We would like the permit for the following day and times: [] Thursday July 31, 1997 6 pm - 10 pm [] Friday August 1, 1997 10 am - 11 pm [] Saturday August 2, 1997 10 am - 11 pm ~ Sunday August 3, 1997 10 am - 11 pm If you need more information please contact Margarita Garcia at 981-6248, or Chris Villastrigo at 981-3365. Sincerely, Margarita Garcia President 1OM City of Woodburn Police Department 270 Montgome~/~~ Ken Wrig~it~f Chief of P~~/ STAFF REPORT Woodburn, Oregon 97071 (503) 982-2345 Date: July 10, 1997 To.' Mayor and Council C. Childs, City Administrator Subject: Sound Amplification Permit Ordinance 1900, 3, (5). The use or operation of an automatic or electric piano, phonograph, loudspeaker or sound-amplifying device so loudly as to disturb persons in the vicinity thereof or in such manner as renders the same a public nuisance; provided however, that upon application to the Council permits may be granted to responsible persons or organizations to broadcast programs of music, news speeches or general entertainment. The police department has received a request for sound amplification from Centro Cristiano A/G Church, 257 W. Lincoln St.. They are requesting to provide amplification at the Library Park on Saturday, July 19, 1997 between 4:30pm and 8:30pm. They are also requesting sound amplification on Sunday, July 20, 1997 between 4:30pm and 8:30pm at their church at 275 W. Lincoln St. Recommendation Allow the use of sound amplification to Centro Cristiano A/G Church on the above listed dates and times. cc applicant c:\wp5 l\council~sound JUL 1OM 257 W UNCOLN ST PO BOX 476 WOODBURN, OREGON 97D71 PASTOR NOE PINEDA Phone (503) 3G0-5231 July09, 1997 CITY OF WOODBURN 270 MONTGOMERY ST WOODBURN, OREGON 97071 Dear CITY CCRJNCIL, GREETING IN THE NAME OF OUR LORD AND SAVIOR JESUS CHRIST. WE APPRECIATE YOUR HARD WORK AT THE MEETINGS TAKING AWAY PROM YOU FAMILIES AND OTHER ACTIVITIES. THERE IS ALWAYS A PRICE TO PAY, WE WANT YOU TO KNOW AS PUBLIC OFFICERS YOU ARE ON SPOTLIGHT ALL THE TIME. CENTRO CRISTIANO'IS COMlVfl~TI]~ TO PRAY FOR'YOU. THE PRESERVATION OF OUR CITY GOVERNMENT DEPENDS ON THE FAITHFUL DISCHARGE OF THIS DUTY: "HE THAT RULE OVER MEN MUST BE JUST, RULING IN THE FEAR OF GOD." SAMUEL 23:3 MAY GOD GIVE YOU WISDOM AND KNOWLEDGE TO TAKE THE RIGHT STEPS THAT ARE BEFORE YOU. WE ARE ASKING PERMISSION TO USE THE LIBRARY PARK STAGE JULY 19TH (SATURDAY) FOR THE PURPOSE OF HAVING FOOD, MUSIC AND AN OUTDOOR SERVICE. BETWEEN THE HOURS 4:30 PM AND 8:30 PM. SUNDAY JULY 20TH WE ARE PLANNING AN OLYFSIDE CHURCH PARKING LOT MEETING IN CELEBRATING THE RENOVATION OF THE CHURCH BUll,DING LOCATED 257 W. LINCOLN ST. SAME TIME LISTED ABOVE. ADDITIONALLY, PERMISSION FOR AMPLIFIED MUSIC IN CONJUNCTION WITH PROGRAM ON THE DATE AND TIME LISTED ABOVE. PASTOR NOE PINEDA .... City of Woodburn Police Department 1ON MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345 Ext. 358 William A. Torr 7 0 patrOl Operatiolk -- ' CPO/D.A.R.E. Date: To: Thru: Re: July 8, 1997 Mayor and City Counci ~i/. Ken Wright, Chief of STAFF REPORT National Night Out, Tuesday, August 5, I ~ ~'7~ On Tuesday, August 5th, 1997, neighborhoods throughout Woodburn are being invited to join forces with thousands of communities nationwide for the "14th Annual National Night Out." National Night Out will involve over 8,820 communities from all 50 states in the United States, U.S. territories, Canadian cities and military bases around the world. In all, over 28.2 million people are expected to participate in America's Night Out Against Crime and Drugs on August 5th. National Night Out is designed to: (1) heighten crime and drug prevention awareness; (2) generate support and participation in local anti-crime efforts; (3) strengthen neighborhood spirit and police-community relations; (4) send a message to criminals, letting them know neighborhoods, communities, businesses and the police are organized and fighting back. From 7:00 to 10:00 p.m., on August 5th, 1997 residents in neighborhoods throughout Woodburn and across the nation asked to lock their homes, turn on outside lights and spend the evening outside with their neighbors and the police. Many Neighborhoods throughout Woodburn will be hosting a variety of special events such as block parties, cookouts, ice cream socials, organized flashlight walks, visits from the police and McGruff the crime fighting dog. National Night Out Coordinator, Matt Peskin said, "National Night Out is an ideal opportunity to build neighborhood unity and strengthen police-community partnerships in the fight for a safer and more liveable America. National Night Out is a powerful reminder that the crime/drug prevention awareness and programs must be nurtured and sustained every day of the year. On Tuesday, August 5th, millions nationwide will join forces to "Give Crime and Drugs A Going Away Party." COUNCIL ACTION In order to accommodate the citizens of Woodburn who wish to close their streets for block parties, I am requesting the Mayor and Council give the Chief of Police the authority to authorize street closures on Tuesday, August 5th, 1997 from 6:00 to 10:00 p.m. 14A Community Development MEMORANDUM Date: July 9, 1997 To: Mayor and City Council Chris Childs, City Administrator From: Steve Goeckritz, Community Development Director~L~,~, Subject: Planned Unit Development - Greens At Tukwila At their hearing of June 26, 1997, the Planning Commission approved, with conditions, Phase I consisting of a 24 lot single family subdivision within the Tukwila planned unit development. (see attachments A&B) Phase II, which is conceptual and will require Planning Commission approval at a later date consists of an additional 51 lots. Applicant: The Piculell Group, Inc. Arthur C. Piculell Jr., President TEMCO Investment, Inc. Tucker E. Mayberry, President 3236 SW Kelly Street, Suite 105 Portland, OR 97201 Owner: Tukwila Partners Robert L. Withers 955 Tukwila Drive Woodburn, OR 97071 Under contract to the Piculell Group, Inc., and TEMCO Investment, Inc. NATURE OF THE APPLICATION: The applicant is requesting Planned Unit Development (PUD) Stage II Design Review approval of a 24 lot single family detached residential community to be developed on the westerly 2.96 acres of lot #10 (tax lot ~r3200) and the northern 2.24 acres of lot #1 (tax lot #2600) of the Tukwila Planned Unit Development. The single family lots range from 5,888 square feet to 11,568 square feet. The applicant is proposing to construct full street improvements on Hazelnut Drive from the existing finished street end at the eastern edge of this housing project to the existing finished street end at Tukwila Drive. Both sided of Hazelnut Drive will accommodate golf cart and bicycle travel. The applicant states that "homeowners will have use of the neighborhood swimming pool (as well as the existing fitness trail located at the south end of Miller Farm) within the Miller Farm Development through an agreement with the Tukwila Partners." This request is within the previously approved Tukwila PUD which includes Miller Farm, Orchard Green, Ironwood at Tukwila and the Oregon Golf Association golf course. SG/njm / ,L. i ,! i i / I / 131 i '---~ ..... 1-.---1....i i ..... 2::' ' /---..-J ! i ,~.._ ~...7 ........... _~_.._/, : ' / ; !, ' "'---L. i -' i / ~lllllflllllllllllflllllllllllk "N \',\ 0,,/" ,/ "N '-/'/ ~.._ / i /' / / /' / / /L..._ / / ,/." / / / / / /' .' 14A / ,/ / / /' L TO: FROM: SUBJECT: DATE: Mayor and City Council through the City Administrator Community Development Director %L.g LUBA No. 97-068 Final Opinion and Order July 11, 1997 15A On July 3, 1997 the Land Use Board of Appeals remanded Gary LaPoint's Texaco/Exxon site plan review back to the city for further review. Planning staff is presently working with the city attorney to expedite the process and bring this to the city council at the earliest possible date. SG:Ig LUBA.CC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 BEFORE THE LAND USE BOARD OF APPEALS OF THE STATE OF OREGON BARRY SULLIVAN and DALE BAKER, ) ) Petitioners, ) ) VS. ) ) CITY OF WOODBURN, ) ) Respondent, ) ) and ) ) GARRY LaPOINT, ) ) Intervenor-Respondent. ) JULL 7 1997 LUBA No. 97-068 FINAL OPINION AND ORDER Appeal from City of Woodburn. Vance M. Croney, Salem, filed the petition for review and argued on behalf of petitioners. No appearance by respondent. Dale L. Crandall, Salem, filed the response brief and argued on behalf of intervenor-respondent. LIVINGSTON, Referee; HANNA, Chief Referee, participated in the decision. REMANDED 07/03/97 You are entitled to judicial review of this Order. Judicial review is governed by the provisions of ORS 197.850.. Page 1 15A 1 Opinion by Livingston. 2 NATURE OF THE DECISION 3 Petitioners appeal a limited land use decision of the city 4 council approving a site plan for a gas station. 5 MOTION TO INTERVENE 6 Gary LaPoint (intervenor), the applicant below, moves to 7 intervene on the side of the respondent. There is no opposition 8 to the motion, and it is allowed. 9 FACTS 10 Intervenor wishes to construct a gas station with a car 11 wash on a vacant lot within the city's General Commercial (GC) 12 zone. In Sullivan v. City of Woodburn, 31 Or LUBA 192 (1996) 13 (Sullivan I), we remanded intervenor's site plan for additional 14 findings on two site plan review criteria, Woodburn Zoning 15 Ordinance (WZO) ll.020(d) and (e).1 Five months after our Page 2 1WZO 11.020 provides: "Site Plan Composition. The following shall be required for any application for Site Plan Review: ~(a) A site plan, drawn to scale, showing the proposed la~out of all structures and other improvements including, where appropriate, driveways, pedestrian walks, landscaped areas, fences, walls, off-street parking and loading areas, and railroad tracks. The site plan shall indicate the location of entrances and exits and the direction of traffic flow into and out of off-street parking and loading areas, the location of each parking space and each loading berth and areas of turning and maneuvering vehicles. The site plan shall indicate how utility service and drainage are to be provided. "(b) A landscape plan, drawn to scale, showing the location of existing trees proposed to be removed and to be retained on the site and the location and design of landscaped areas, and other pertinent landscape features. 15A 1 2 3 4 9 10 11 12 13 14 15 16 17 18 19 20 decision in Sullivan I, intervenor submitted a "modified" site plan for city council review during remand proceedings.2 The planning director concluded the modified site plan was not in substantial conformance.with the original site plan and recommended the city council refuse to consider the modified site plan. The staff report explains: "The following differences [between the original and modified site plans] should be noted: The original site plan consisted of 828 square feet for offices and 908.16 square feet for the car wash for a total of 1,736.16 square feet. The new submittal has a reconfigured and combined car wash and office complex. The total square footage is 2,900 square feet, this is 1,163.84 square feet larger than the original structures. The original site plan shows the office to the easterly property line and the car-wash on the southerly portion of the site. "- The new submittal shows the entire facility on - (c) Architectural drawings or sketches, drawn to scale, in sufficient detail to permit computation of yard requirements and showing all elevations of the proposed structures and other improvements as they will appear on completion of construction. "(d) Specifications as to type, color and texture of exterior surfaces of proposed structures. "(e) A sign plan, drawn to scale, showing the location, size, design, material, color and methods of illumination of all exterior signs. "(f) Shadow patterns of proposed structures (showing shadow during the Solar Access Standard period)." 2As 'explained in the staff report, Record 26, intervenor originally sought approval of a Texaco gas station and car wash. During the proceedings on remand, intervenor sought approval of an E~xon gas station and car wash. Page 3 15A 1 the southerly portion of the site. 2 ". The original site plan had two buildings; the 3 new submittal consists of one building. 4 ". The canopy for the gas pumps on the new 5 submittal is 4,048 square feet while the canopy 6 on the original site plan is 4,508 square .feet. 7 ". The trash enclosure has been repositioned and a 8 vacuum station added on the eastern portion of 9 the property in the new submittal. 10 ". The parking configuration has changed in the new 11 submittal. 12 ". The planter-strip on the eastern portion of the 13 property has been reconfigured in the new 14 submittal to reflect the removal of the office 15 complex on that portion of the site. 16 ". The LUBA remand requires the City Council to 17 address the Texaco sign and color scheme and 18 site plan[,] not the new submittal of the Exxon 19 service station." Record 31-32. 20 The city council conducted a remand hearing and approved 21 the modified site plan. This appeal followed. 22 FIRST ASSIGNMENT OF ERROR 23 A. New Site Plan 24 Petitioner contends the city's approval of the modified 25 site plan violates the WZO, because the modified site plan is 26 not in substantial compliance with the original si~e plan. 27 Petitioner argues that intervenor "has submitted a new site plan 28 on the coattails of the original." Petition for Review 5. 29 The challenged decision contains only three findings. The 30 first two findings address WZO ll.020(d) and (e) separately. 31 The third finding states: 32 "Applicant submitted a modified site layout diagram, 33 identified as the 'Proposed Submittal', and at Page 4 15A 1 hearing, through counsel, explained the modifications. ~ 2 The 'Proposed Submittal' is in substantial compliance 3 with the standards for review of a site plan, and is 4 substantially similar to the site layout diagram 5 submitted with the application originally, such that 6 it does not substantially change the application nor 7 substantially alter the consequences, upon other 8 landowners or the public, of this proposed use of the 9 subject property." Record 4. 10 A review of the two site plans, Record 104-06, confirms the 11 assessment of the planning director and petitioner that very 12 little beyond the location of the gas pumps is carried forward 13 from the original site plan to the modified site plan. A 14 reasonable person simply could not conclude that the two plans 15 are substantially similar. The finding that the consequences of 16 adopting the modified plan and the original plan are 17 substantially similar does not answer whether or why the 18 modified plan satisfies the site plan review criteria stated in 19 WZO 11.020. 20 B. New ADplic&tion 21 Petitioner contends the modified site plan is a new site 22 plan that requires a new application, notice and hearing. 23 Petitioner does not identify any WZO provision that requires a 24 new application when modifications to an application are made. 25 In Wentland v. City of Portland, 23 Or LUBA 321, 326 26 (1992), we explained that when an application is modified on 27 remand in small ways that do not cause it to significantly 28 differ from the original application, the local government does 29 not err in failing to require that a new application be filed. 30 In Bonner v. City of Portland, 11 Or LUBA 40, 60 (1984), we Page 5 15A 1 allowed the city "substantial latitude" in determining whether 2 revisions to an application, made during the local hearing and 3 appeal process, require treatment as a new application. 4 In this case, the same applicant seeks site plan review of 5 a gas station development on the same property. Petitioner was 6 allowed to participate in the process leading to approval of the 7 modified site plan. Although intervenor's modified site plan 8 differs from the original site plan in many significant 9 respects, petitioner's substantive rights have not been 10 prejudiced by the city's election to treat the submission of the 11 modified site plan as a continuation of the original 12 application. See Billinqton v. Polk County, 13 Or LUBA 125, 13 135-36 (1985). The city may, in the absence of a code 14 prohibition or some other obstacle identified by petitioner, 15 find the modified proposal to be a continuation of the original 16 application.3 17 Because we agree with petitioner that the modified site 18 plan is not substantially similar to or (to use petitioner's 19 words) "in substantial compliance with" the original site plan, 20 we sustain the first assignment of error. 21 SECOND ASSIGNMENT OF ERROR 22 Petitioner contends the challenged decision is not 3petitioner does not contend the applicable WZO criteria have changed since the application for site plan review was filed in 1995. We do not reach the issue of whether a new application should be required when the applicable code standards are amended between the city's consideration of an original site plan and a later, significantly altered site plan. Page 6 15A 1 supported by substantial evidence in the whole record. As 2 stated above, we agree the evidence in the record to which we 3 are cited overwhelmingly contradicts the city's conclusion that 4 the modified site plan is substantially similar to the original 5 site plan. 6 The second assignment of error is sustained. 7 THIRD ASSIGNMENT OF ERROR 8 Petitioner contends the challenged decision does not 9 contain adequate findings with respect to the modified site 10 plan. 11 Findings must (1) identify the relevant approval standards, 12 (2) set out the facts which are believed and relied upon, and 13 (3) explain how those facts lead to the decision on compliance 14 with the approval standards. Sunnyside Neiqhborhood v. 15 Clackamas Co. Comm., 280 Or 3, 20-21, 569 P2d 1063 (1977); 16 Heiller v. Joseohine County, 23 Or LUBA 551 556 (1992). The 17 city's finding, quoted above, that the modified site plan is 18 substantially similar to the original site plan is unacceptably 19 conclusory. Because the two plans are substantially different, 20 the city must apply WZO 11.020 to the modified site ~lan and 21 make appropriate findings. 22 The third assignment of error is sustained. 23 The city's decision is remanded. Page 7 15A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 CERTIFICATE OF MAILIN~ I hereby certify that I served the foregoing Final Opinion and Order for LUBA No. 97-068, on July 3, 1997, by mailing to said parties or their attorney a true copy thereof contained in a sealed envelope with'postage prepaid addressed to said parties or their attorney as follows: Vance M. Croney Wallace W. Lien, P.C. PO Box 5668 Salem, OR 97304-0668 N. Robert Shields Woodburn City Attorney Suite 102 10250 S.W. Greenburg Road Portland, OR 97223 Dale L. Crandall Attorney at Law 280 Court Street, Suite 14 Salem, OR 97301 Dated this 3rd day of July, 1997. Bobby Su$1inger ~' Administrative Specialist Community Development MEMORANDUM Date: To: Thru: From: Subject: July 10, 1997 Mayor and City Council Chris Childs, City Administrator Steve Goeckritz, Community Development Director Housing Rehabilitation Grant Woodbum has again been awarded, through the Oregon Department of Community Development, housing rehabilitation grant funds in the amount of $500,000.00. These funds are to be used as Iow-interest loan monies to Iow and moderate income homeowners to upgrade their dwellings. The grant will allow the City's Housing Rehabilitation Committee to loan up to $17,000.00 per housing unit to over 40 homeowners. Presently, the City has over 20 loan requests on file that wish to participate in the loan program. To date, and including the recent grant, the City has received over $1,950.000.00 from the state in housing grant funds and will have provided loans to over 140 homeowners. 15B SG/njm 15C MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator SUBJ.: Water Su_ooly to Centennial Park DATE: July 10, 1997 In another example of interdepartmental cooPerative effort, the Parks Department and the Public Works Department have achieved a means of bringing one of the four infrastructure elements of the Centennial park project, city water supply, to reality in the very immediate future. This involves an approximately 50/50 cost share in the extension of the water main along Parr Rd. frontage, stubbing to the property line and ending with a fire hydrant (useful for both perimeter fire protection as well as water line flushing). Stated more simply, Parks Department buys most of the materials and Public Works Department furnishes the labor (either "in-house" or contracted, depending on workload considerations). The timing is right for this project. Contracts have just been awarded for all aspects of the Parr Road reconstruction project, including extension of the water main along the nearby Woodburn School District property. The water line accessing the park property will provide necessary potable water as well as adequate water supply for park irrigation purposes. Approximately $10,000 in Parks SDC funds will be used for Parks Department's share of this project. The Public Works Director indicates that, because certain other properties will ultimately benefit, partial use of some Water SDC funds is also appropriate. The beginning balance (working capital carryover) in the Centennial Park component of the Park & Recreation C.I.P. Fund (Fund 64) is approximately $100,000, which is eligible for use in expansion of infrastructure. In addition, there are certain other outstanding community pledges or commitments more specifically directed toward ballfield construction, playground equipment, etc. The full cost for Centennial Park was estimated (several years ago) at some $1.2 Million, but present community sentiment is that some visible progress needs to be made in respect to the park. Indeed, visible improvements (a playable ballfield or soccer field, for instance) may enhance or revitalize community financial support of the overall project. · 15C Page 2 - Memo/Centennial Park/Water (7/10/97) Unavoidably, major cost components of the overall project are the four major types of public infrastructure (water, sanitary sewer, storm drainage, street improvements) which are inherent to all development projects in today's environment. Final impacts and costs of all of these cannot be known until the site plan review process for the project is completed. Following completion of the annexation/site plan review process, it may well prove necessary, depending on the fire district's requirements, for additional internal "looping" of water lines for fire protection purposes (because of planned future grandstands, concession areas, etc). Assuming a similar cost-sharing arrangement can be formulated, preliminary estimates suggest that the Parks Dept. share would be +/- $20,000. The Public Works Director, an engineering firm assisting with Centennial Park planning and myself are as expediently as possible investigating the prospect of also accomplishing the storm drainage "leg" of Centennial Park infrastructure in conjunction with the Parr Rd. reconstruction project. Since this is not a separately "bid out" project, and adequate funds are budgeted, specific action is not required on the part of the city council. Nevertheless, it is brought to the council's attention because of its overall significance, the level of community interest and the innovativeness of the cooperation involved. 15D MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator (Interim Recreation & Parks Dir.! SUBJ.: A~_uatic Center U_~date DATE: July 9, 1997 During the past several months, there have been some concerns expressed regarding the operation of the Woodburn Memorial Aquatic Center. This has generally centered around disappointment that, during its first fourteen months of operation, pool revenues offset only about 39% of the cost of operation & maintenance (O&M) of the facility, which was well below earlier expectations and budget projections. I am pleased to report that the months of May and June, 1997 have been two of the most successful in the aquatic center's brief lifespan. The combined ratio of revenues to O&M expenses during this combined two-month period stands at 49.8%. June also represented the third most successful revenue month ever, with income of almost $14,000. Midway through the month of June, aquatic center staff embarked on a broader and more aggressive snack concession sales program which thus far has proven very successful. We are now clearing some $60-$75 per day from concessions alone. Currently, during the first few days of July, the aquatic center has been averaging between 170 and 200 children during the afternoon open swim period. This attendance has resulted in part from promotional collaboration with other area agencies and youth programs. Finally, staff is in the process of finalizing an agreement with the firm of Image Resources to develop a marketing plan for the aquatic center as recommended earlier by the budget committee. It is anticipated that Image Resources' work will begin the week of July 14-18. · 15E MEMO TO: FROM: SUBJECT: DATE: City Council Through City Adminstrator Public Works Program Manager ~:~57~ Summer Water Use Information for the Public July 9, 1997 The City of Woodburn has an adequate supply of water to supply the needs of its residents. In the summer, when water use is at its higest, the city suggests that residents make some adjustments to how they use water for outside uses such as watering of yards and gardens. Water use during the hottest part of the summer is often three to four times the quantity used during the winter. Occasionally in the summer in the afternoon and evening between 4:00 pm and 10:00 pm city water use will exceed the amount that the wells can produce and the water tank is drawn down to make up the difference. Staff recommends that residents restrict their outside water use, particularily for lawn watering, during this time period. This will help insure that there is an adequate supply for residents use and also reserve capability to meet fire protection demands if they are needed. Lawn watering during the cool parts of the day, generally before 10:00 am, is best since it reduces the amount of water that evaporates and reduces the potential for disease. A good way to see if the lawn needs watering is to step on the grass. If the grass is stepped on and it springs back it does not need water. If it stays flat it is time to water. When watering do it long enough for the moisture to soak down to the roots where it will do the most good. A good guide is to water long enough to fill up an empty tuna fish can with water. Also position sprinklers so water lands on the lawn or garden and not on paved areas. Other hints to reduce outside water consumption include sweeping your driveway and sidewalks instead of hosing them off with water. Do not run the hose while washing the car. Also check for leaks that may be present in the sprinkling system or other outside water devices. By reducing outside water use during the hottest part of the day from 4:00 pm to 10:00 pm Woodburn residents can insure that there is an adequate supply of water for use by residents and sufficient reserve capacity to meet ootential fire orotecti0n needs. Once again there is no shortaoe of w{~ter for domestic use. TO: FROM: SUBJECT: DATE: Community Development Director Bob Arzoian, Building Inspector Building Activity for JUNE, 1997 July 8, 1997 15F New Residence Value Multi Family Res. Add & Alts Industrial Commercial Value Signs, Fences, Drways Mobile Homes JUNE 1995 NO. Dollar Amt 4 609,781 0 0 9 50,810 1 150,000 1 38,000 11 53,690 3 140,700 JUNE 1996 JUNE 1997 NO, J~3JJ~[_~d~t No. Dollar Amt 8 990,474 11 1,188,806 0 0 0 0 10 62,670 18 259,499 0 0 0 0 1 3200 4 1,856,532 1 8300 8 6,810 4 166,000 9 401,000 TOTAL: 29 $1,042,981 24 1,230,644 50 3,712,647 July 1-June 30 Fiscal Year-to-Date 0.478.419 $45,421,671 Robert Arzoian Building Official RS:bw BLDACT 0 6.9 7 TO: FROM: SUBJ.: Mayor and City Council Chris Childs, City Administrator pro0osed A_eenda Business Item 10-0: Extension Interim Telecommunications Facilities Ordinance of DATE: July 14, 1997 RECOMMENDATION: Approve accompanying ordinance amending Ordinance 2187 concerning interim regulations for telecommunications facilities. BACKGROUND: As noted in the attached memorandum from the Community Development Director, permanent regulations, for ultimate inclusion in the Woodburn Zoning Ordinance, are being developed, but are not yet complete. Since the interim regulations (Ord. 2187) "sunset" on August 1, 1997, it is desireable that the interim regulations be continued until the permanent regulations are in place. Due to the relatively short time line before expiration of the interim regulations, this item is proposed as an additional business item for tonight's meeting. Community Development MEMORANDUM Date: To: From: Subject: July 3, 1997 Chris Childs, City Administrator Steve Goeckfitz, Community Development Director ~, LQ. Interim Telecommunications Facilities Regulations The telecommunications regulations were adopted by the City Council in February, 1997. Section 3 of that ordinance stipulates this ordinance is to be repealed on August, 1, 1997. Although staff has developed a draft proposal to replace the interim ordinance, other priorities that are restricted to tight time constraints have filled the planning commission's agenda schedule. The eadiest a draft proposal could be submitted to the commission for review is August 14, 1997. Therefore, the earliest the ordinance could be heard by the Council would be September 8, 1997. I would therefore recommend the interim ordinance be amended to reflect a repeal date of October 13, 1997 or at such time prior to that date the council acts on the draft ordinance. SG/njm cc: City Attorney COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2187 0NTERIM TELECOMMUNICATIONS FACILITIES REGUI~TIONS) TO EXTEND THE REPEAL DATE AND DECLARING AN EMERGENCY. WHEREAS, the Council previously enacted Ordinance No. 2187 which provides for interim telecommunications facilities regulations; and WHEREAS, Ordinance No. 2187 presently provides that the interim telecommunications facilities regulations are repealed on August 1, 1997, and WHEREAS, the Council finds it necessary to extend the repeal date under Ordinance No. 2187 so that more time is available to consider and adopt the permanent ordinance provisions; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 3 of Ordinance No. 2187 is amended to read as follows: Section 3. The passage of this ordinance, and the interim telecommunications facilities regulations, enacted herein is expressly declared to be a temporary interim measure. This ordinance is repealed at 12:00 cgm. on October 13, 199 7. Section 2. 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 ap~q.val by the Mayor. Approved as to form:~ ~ '(~ ~ ,~..1 ,qt_ ~ ~Z City Attorney Date APPROVED: Nancy A. Kirksey, Mayor Passed by the Council PAGE 1 - COUNCIL BILL NO. ORDINANCE NO. Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Termant, City Recorder City of Woodbum, Oregon PAGE 2 - COUNCIL BILL NO. ORDINANCE NO. MEMO TO: Mayor and City Council FROM: Chds Childs, City Administrator SUBJ.: Tabled Busine;$ - Council Bill No, 1758 PriOr to re'ta~ing this matter at the November 25, 1996 CoUnc'il~neeting, a- motion was passed to amend the Council Bill under consideration to reflect what was referred to in discussion as 'Version I1', which included language to facilitate referral of the issue to voters. Attached is a 'clean' copy of the Council Bill ('Version I1') as it existed at the time it was tabled on November 25th. For succeeding meetings, reference to this tabled matter will be made only in the agenda index under the 'Tabled Business" heading. Councilors indicated that they wish to give thirty (30) days' notice before again removing this from the table. When such a date is established, the full text of the Council Bill will again be printed in the agenda packet. COUNCIL Mi~ETING ~ November 25, 1996 TAPE Councilors Hagenauer, Sifuentez. and Chadwick reitemled their desire to impose a user tax rather than proposing a bond issue. Additionally, they supported the referral of the vas tax to the voters. . ,,, . ,, ,, ~ ,~~ssion was held on tabling tbe~lssue at this time and notice be given to the publi¢-~N [ and gasoline dealers at least 30 days before it is brought back before the Council for ~ consideration. This will also give the Council time to educate the public on the need for additional revenue to fund street improvements and to work cooperatively with the gasoline dealers. Administrator Childs requested that the Council determine which version of the bill they want to have as part of the ordinance (version 1 does not refer it to the voters whereas version 2 refers it to the voters on May 20, 1997). FIGLEYfPUGH... Council Bill 1758 be amended to read in entirety the draft known as Version 2. Following a brief discussion, the motion passed unanimously. ~GSfPUGH .... Council Bill 1758 be tabled indefirfitely. The motion passed unanimously. 1903 Mayor Kirksey told the public that this bill was brought up for considem~n at the direction of the Council following a workshop they had IgeViously on the issue of street~ COUNCIL BH.I~ 1764 - ]~LUTION ~ING ~ ICMA RETIR~ CORPORATION DEFERRk'~ COMPENSATION PLAN AND TRUST FOR Council Bill 1764 was introduced by Councilor Hagenauer. Recorder Termant 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 ICar~ declared Council Bill 1764 d~ly passed. 11933 GOUNCIL BH.L 1765 - I~'~,OLUTION ENTERING INTO AN AGR~ WITH SOUTHERN PACIHC TRANSPORTATION CO. FOR CONSTRU~ON. OPERATION. AND MAINTENANCE OF AN UNDERGROUND 8g, WER Council Bill 1765 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared the bill duly passed. 1973 CONTRACT AWARD- TRACTOR/MOWER FOR WASTEWATER DIVISION. Bids for a tractor with an attached flail mower were received from the following vendors: Ernst Hardware Co., $11,865.00; Lennon Implement Co., $13,250.00; Fisher Implement Co., $15,500.00; and Northwest Outdoor Equipment Inc, $15,185.00. Staff recommended the acceptance of the low bid from Ernst Hardware Co.. Page 5 - Council Meeting Minutes, November 25, 1996 COUNCIL BILL NO. 1758 ORDINANCE NO. A ORDINANCE IMPOSING AN ADDITIONAL MOTOR VEHICLE FUEL TAX ON MOTOR VEHICLE FUEL DEALERS FOR PURPOSES OF PAVEMENT PRESERVATION; PROVIDING FOR ADMINISTRATION, ENFORCEMENT AND COLLECTION OF SAID TAX AND SETilNG EFFECTIVE DATES AND IMMEDIATELY REFERRING SAID ORDINANCE TO THE ELECTORS OF THE CITY OF WOODBURN. WHEREAS, the State of Oregon grants municipal authority to impose a motor vehicle fuel tax as adopted in Article IV, Section 3a of the ~Oregon Constitution; and WHEREAS, under Section 8(a) of Measure 47 (enacted by the Oregon voters at the November 5, 1996 General Election) the tax imposed by this ordinance does not constitute, and is not intended to constitute, a replacement for reduced property tax revenues under said measure since the government products and services paid for by said gas tax are not from ad valorem property taxes; and WHEREAS, Ordinance 2028, the City of Woodburn Motor Vehicle Fuel Tax Ordinance, is currently in effect, and WHEREAS, the Oregon Gasoline Dealers Association advocates increasing the statewide gasoline tax by up to an additional five cents per gallon; and WHEREAS, the Woodburn City Council supports the Oregon Gasoline Dealers Association proposal to increase the statewide gasoline tax, particularly if the additional funds are earmarked for distribution to the respective cities of Oregon; and WHEREAS, upon passage of any statewide motor fuels tax that would ensure the City of Woodburn the same level of revenues that would be generated by the tax contemplated in this ordinance, it is the intent of the Woodburn City Council that this ordinance then be immediately repealed; and WHEREAS, the motor vehicle fuel tax revenue is exclusively for reconstruction, improvement, repair, maintenance, operation and use of public highways, roads and streets; and WHEREAS, if old pavements are allowed to deteriorate and not brought back to their original strengths by preventative maintenance and resurfacing, then reconstruction of these streets will be necessary at a future date, the cost of reconstruction is much higher; and WHEREAS, the City Council held a workshop on September 10, 1996 to discuss street pavement related issues. After input, the City Council reached a consensus to expand the existing resurfacing program and to include a certain number of streets for Page I - COUNCIL BILL NO. 1758 ORDINANCE NO. resurfacing based on the age of the pavement, and WHEREAS, the City Council recognizes the need for street pavement preservation and improvements based on the information provided by the staff and on field investigation made on their own; and WHEREAS, the City Council recognizes the need for an additional dedicated source of funding for pavement preservation and street projects; NOW THEREFORE. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. T~le. This ordinance shall be known as the 'City of Woodburn Pavement Preservation Ordinance."~-. -- - Section 2. ~ This ordinance is intended to raise tax revenue in addition to Ordinance 2028 for the purpose funding street resurfacing and repavement. This ordinance is not intended to amend, modify or change any provision of Ordinance 2028, the City of Woodburn Motor Vehicle Fuel Tax Ordinance. Section 3. Defini~0n$: As used in this ordinance, unless the context requires otherwise: (A) 'Aircraft fuel' means any gasoline and other inflammable or combustible gas or liquid by whatever name such as gasoline, gas or liquid is known or sold, usable as fuel for the operation of aircraft, except gas or liquid, the chief use of which, as determined by the City is for purposes other than the propulsion of aircraft. {B) 'Authorized Agent' any person or agency that has been given authority to implement a portion of this ordinance. (c) Oregon. 'City' means City of Woodburn, a municipal corporation of the State of (D) "Dealer" means any person who: (1) Supplies or imports motor vehicle fuel for sale, use or distribution in, and after the same reaches the City, but 'dealer' does not include any person who imports into the City motor vehicle fuel in quantities of 500 gallons or less purchased from a supplier who is permitted as a dealer hereunder and who assumes liability for the payment of the applicable motor vehicle fuel tax to the City; or (2) Produces, refines, manufactures or compounds motor vehicle fuels in the City for use, distribution or sale in the City; or (3) Acquires in the City for sale, use or distribution in the City motor vehicle fuels with respect to which there has been no municipal motor fuel tax previously incurred. Page 2 - COUNCIL BILL NO. 1758 ORDINANCE NO. (E) 'Motor Vehicle Fuel-Handler' means any person who acquires or handles motor vehicle fuel within the City through a storage tank facility with storage tank capacity that exceeds 500 gallons of motor vehicle fuel. (F) 'Distributor' means, in addition to its ordinary meaning, the deliverer of motor vehicle fuel by a dealer to any service station or into any tank, storage facility or series of tanks or storage facilities connected by pipelines, from which motor vehicle fuel is withdrawn directly for sale or for delivery into the fuel tanks of motor vehicles whether or not the service station, tank or storage facility is Owned, operated or controlled by the dealer. (G) "Highway' means every way, thoroughfare and place of whatever nature, open for use of the public for the purpose of vehicular-travel. (H) 'Motor Vehicle' means all vehicles, engines or machines, moveable or immovable, operated or propelled by the use of motor vehicle fuel. (I) "Motor Vehicle Fuel' means and includes gasoline, diesel, mogas, methanol, and any other flammable or combustible gas or liquid, by whatever name such gasoline, diesel, mogas, methanol, gas or liquid is known or sold, usable as fuel for the operation of motor vehicles, except gas, diesel, mogas, methanol, or liquid, the chief use of which, as determined by the City, is for purposes other than the propulsion of motor vehicles upon the highways. Propane fuel and motor vehicle fuel used exclusively as a structural heating source are excluded as a taxable motor vehicle fuel. (J) "Person" includes every natural person, association, firm, partnership, or corporation (K) "Service Station" means and includes any place operated for the purpose of retailing and delivering motor vehicle fuel into the fuel tanks of motor vehicles. (L) "State" means State of Oregon. Section 4. ~.a~_[l~3EgS~ An additional motor vehicle fuel tax is hereby imposed as provided herein on every dealer operating within the corporate limits of Woodburn. The City of Woodburn motor vehicle fuel tax imposed shall be paid monthly to the City or to its authorized agent. (A) A person who is not a permitted dealer or permitted motor vehicle fuel-handler shall not accept or receive motor vehicle fuel in this City from a person who supplies or imports motor vehicle fuel who does not hold a valid motor fuel dealers permit in the City. If a person is not a permitted dealer or permitted motor vehicle fuel-handler in this City and accepts or receives motor vehicle fuel, the purchaser or receiver shall be responsible for all taxes, interests and penalties prescribed herein. (B) A permitted dealer or fuel-handler who accepts or receives motor vehicle fuel from a person who does not hold a valid dealer or fuel-handler permit in this City, shall pay Page 3 COUNCIL BILL NO. 1758 ORDINANCE NO. 9A the tax imposed by this Ordinance to the City or it's authorized agent, upon the sale, use or distribution of the motor vehicle fuel. Section 5. Amount and Payment. (A) Subject to subsection (B) and (C) of this section, by law, every dealer engaging in his own name, or in the name of others, or in the name of his representatives or agents in the City, in the sale, use or distribution of motor vehicle fuel, shall; (1) Not later than the 25th day of each calendar month, render a statement to the City or to its authorized agent, of ali motor vehicle fuel sold, used or distributed by him in the City as well as all such fuel sold, used or distributed by him in the City as well asall such fuel sold, usedordistributed in the City by a pumhaser thereof upon which sale, use or distribution the dealer has assumed liability for the applicable motor vehicle fuel tax during the preceding calendar month. p (2) Pay a motor vehicle fuel tax pursuant to the provisions of this ordinance uted on the basis of two (2.0! cents per gallon of such motor vehicle fuel so sold, or distributed .as shown by such statement in the manner and within the time provided s ordinance. This two (2) cent per gallon tax shall be in addition to the one (1 ! cent allon currently imposed by Ordinance 2028. (B) In lieu of claiming refund of the tax as provided in Section 21, or of any prior erroneous payment of motor vehicle fuel tax made to the City by the dealer, the dealer may show such motor vehicle fuel as a credit or deduction on the monthly statement and payment of tax. (C) The motor vehicle fuel tax shall not be imposed wherever it is prohibited by the Constitution or laws of the United States or of the State of Oregon. Section 6. permit Reauirements.* No dealer or fuel-handler, shall sell, use or distribute any motor vehicle fuel until he 'has secured a dealer or fuel-handler permit as required herein. Section 7. Permit Aoolications and Issuance. (A) Every person, before becoming a dealer or fuel handler in motor vehicle fuel in this City shall make an application to the City or its duly authorized agent, for a permit authorizing such person to engage in business as a dealer or fuel handler. (B) Applications for the permit must be made on forms prescribed, prepared and furnished by the City, or its duly authorized agent. (C) The applications shall be accompanied by a duly acknowledged certificate containing: (1) The business name under which the dealer or fuel:handler is trerisacting Page 4 - COUNCIL BILL NO. 17§8 ORDINANCE NO. business. (2) The place of business and location of distributing stations in the City* and in areas adjacent to the City limits in the State of Oregon. (3) The name and address of the managing agent, the names and addresses of the several persons constituting the firm or partnership and, if a corporation, the corporate name under which it is authorized to transact business and the names and addresses of its principal officers and registered agent, as well as primary transport carrier. (D) The application for a motor vehicle fuel dealer or fuel-handler permit having been accepted for filing, the City or its authorized agent, shall issue to-the dealer or fuel- handler a permit in such form as the City or its duly authorized agent may prescribe to transact business in the City. The permit so issued is not assignable, and is valid only for the dealer or fuel-handler in whose name issued. (E) permits. The City Recorders Office shall keep on file a copy of all applications and/or (F) herein. No fee(s) shall be charged by the City for securing said permit as described Section 8. F~ilure to Secure Permit. (A) If any dealer sells, distributes or uses any motor vehicle fuel without first filing the certificate and securing the permit required by Section 7, the motor vehicle fuel tax shall immediately be due and payable on account of all motor vehicle fuel so sold, distributed or used. (B) The City shall proceed forthwith to determine, from the best available sources, the amount of such tax, and it shall assess 'the tax in the amount found due, together with a penalty of 200 percent of the tax, and shall make its certificate of such assessment and penalty, determined by City Administrator or the City's duly authorized agent. In any suit or proceeding to collect such tax or penalty or beth, the certificate is prime facie evidence that the dealer therein named is indebted to the City in the amount of the tax and penalty therein stated. (C) Any fuel-handler who sells, handles, stores, distributes, or uses any motor vehicle fuel without first filing the certificate and securing the permit required by Section 7, shall be assessed a penalty of $250.00 unless modified by Section 28 Subsection 'a', determined by the City Administrator or the City's duly authorized agent. In any suit or proceeding to collect such penalty, the certificate is prima facie evidence that the fuel- handler therein named is indebted to the City in the amount of the penalty therein stated. (D) Any tax or penalty so assessed may be collected in the manner prescribed in Section 12 with reference to delinquency in payment of the tax or by Court Acti~)n. Page 5 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A Section 9. Revocation of Permit. The City or its authorized agent shall revoke the permit of any dealer or fuel-handler refusing or neglecting to comply with any provision of this Ordinance. The City or its authorized agent shall mail by certit'~l mail addressed to such dealer or fuel-handler at his last known address appearing on the files, a notice of intention to cancel. The notice shall give the reason for the cancellation. The cancellation shall become effective without further notice if within 10 days from the mailing of the notice the dealer or fuel-handler has not made good its default or delinquency. Section 10. Cancellation of Permit. (A) The City or its authorized agent may, upon written request of a dealer or fuel- handler cancel any permit issued to such dealer or fuel-handler, the cancellation to become effective 30 days from the date of receipt of the written request. (B) If the City or its authorized agent ascertains and finds that the person to whom a permit has been issued is no longer engaged in the business of a dealer or fuel- handler, the City or its authorized agent may cancel the permit of such dealer or fuel- handler upon investigation after 30 days notice has been mailed to the last known address of the dealer or fuel-handler. Section 11. Remedies Cumulative. Except as otherwise provided in Sections 12 and 14, the remedies provided in Sections 8, 9 and 10 are cumulative. No action taken pursuant to those sections shall relieve any person from the penalty provisions of this Ordinance. Section 12. Payment of Tax and Delinouencv. (A) The motor vehicle fuel tax imposed by Sections 4 and 5 shall be paid on or before the 25th day of each month to the City or its authorized agent which, upon request, shall receipt the dealer or fuel-handler therefor. (B) Except as provided in subsection (D) of this Section, to any motor vehicle fuel tax not paid as required by subsection (A) of this Section, there shall be added a penalty of one percent (1.0%) of such motor vehicle fuel tax. (C) Except as provided in subsection (D) of this Section, if the tax and penalty required by subsection (B) of this section are not received on or before the close of business on the last day of the month in which the payment is due, a further penalty of ten I~ercent (10.0%) shall be Daid in addition to the Denalty Drovided for in subsection (§) of this Section. (D) If the City or its authorized agent, determines that the delinquency was due to reasonable cause and without any intent to avoid payment, the penalties provided by subsections (B) and (C) of this Section may be waived. Penalties imposed by this Section shall not apply when the penalty provided in Section 8 has been assessed and paid. (E) If any person fails to pay the motor vehicle fuel tax of any penalty provided Page 6 - COUNCIL BILL NO. 1758 ORDINANCE NO. for by this Ordinance, the amount thereof shall be collected from such person for the use of the City. The City shall commence and prosecute to final determination in any court of competent jurisdiction an action to collect the same. (F) In the event any suit or action is instituted to collect the motor vehicle fuel tax or any penalty provided for by this ordinance, the City shall be entitled to recover from the person sued reasonable attorney fees at trial or upon appeal of such suit or action, in addition to all other sums provided by law. (G) No dealer who collects from any person the tax provided for herein, shall knowingly and willfully fail to report and pay the same to the City or its authorized agent, as required herein. Section 13. Monthly Statement of Dealer and Fuel-Handler. Unless modified by Section 28, Subsection 'b' every dealer and fuel-handler in motor vehicle fuel shall render to the City or its authorized agent, on or before the 25th day of each month, on forms prescribed, prepared and furnished by the City or its authorized agent, a signed statement of the number of gallons of motor vehicle fuel sold, distributed, used, or stored by him during the preceding calendar month. The statement shall be signed by the permit holder. Ali statements as required in this section are public records. Section 14. Failure to File Monthly Statement. If any dealer or fuel-handler fails to file the report required by Section 13, the City or its authorized agent, shall proceed forthwith to determine from the best available sources the amount of motor vehicle fuel sold, distributed, used or stored by such dealer or fuel handler for the period unreported, and such determination shall be prime facie evidence of the amount of such fuel sold, distributed, used or stored. The City or its authorizing agent, immediately shall assess the motor fuel tax in the amount so determined, as pertaining to the reportable dealer, adding thereto a penalty of 10 percent for failure to report. Fuel-handlers failing to file a monthly statement of motor vehicle fuel shall be assessed a penalty of $50.00. The penalty shall be cumulative to other penalties provided in this Ordinance. In any suit brought to enforce the rights of the City under this section, the above determination showing the amount of tax, penalties and costs unpaid by any dealer or fuel-handler and that the same are due and unpaid to the City or its authorized agent is prima facie evidence of the facts as shown. Section 15. Billino Purchasers. Bills shall be rendered to all purchasers of motor vehicle fuel by dealers in motor vehicle fuel. The bills shall separately state and describe to the satisfaction of the City or its authorized agent the different products shipped thereunder and shall be serially numbered except where other sales invoice controls acceptable to the City or its authorized agent are rr~intained. The bills required hereunder may be the same as those required under ORS 319.210. Section 16. Failure to Provide Invoice or Delivery Taq. No person shall receive and accept any shipment of motor vehicle fuel from any dealer, or pay for the same, or sell or offer the shipment for sale, unless the shipment is accompanied by an invoice or delivery tag showing the date upon which shipment was delivered and the name of the dealer in motor vehicle fuel. Page 7 - COUNCIL BILL NO. 1758 ORDINANCE NO. Section 17. TransoortinQ Motor Vehicle Fuel in Bulk. Every person operating any conveyance for the purpose of hauling, transporting or delivering motor vehiCle fuel in bulk shall, before entering upon the public highways of the City with such conveyance, have and possess during the entire time of his hauling or transporting such motor fuel an invoice, bill of sale or other written statement showing the number of gallons, the true name and address of the seller or consignor and the true name and address of the buyer or consignee, if any, of the same. The person hauling such motor vehicle fuel shall at the request of any officer authorized by the City to inquire into or investigate such matters, produce and offer for inspection the invoice, bill of sale or other statement. Section 18. Exem0tion of Exoort Fuel. (A) vehicle fuel: The license tax imposed by Section 4 and 5 shall not be imposed on motor (1) Exported from the City by a dealer; or (2) Sold by a dealer in individual quantities of 500 gallons or less for export by the purchaser to an area or areas outside the City in containers other than the fuel tank of a motor vehicle, but every dealer shall be required to report such experts and sales to the City or its authorized agent in such detail as may be required. (B) In support of any exemption from motor vehicle fuel taxes claimed under this section other than in the case of stock transfers or deliveries in his own equipment, every dealer must execute and file with the City or its authorized agent an export certificate in such form as shall be prescribed, prepared and furnished by the City or its authorized agent, containing a statement, made by some person having actual knowledge of the fact of such exportation, that the motor vehicle fuel has been exported from the City, and giving such details with reference to such shipment as may be required. The City or its authorized agent may demand of any dealer such additional data as is deemed necessary in support of any such certificate, and failure to supply such data will constitute a waiver of all right to exemption claimed by virtue of such certificate. The City or its authorized agent may, in a case where it believes no useful purpose would be served by filing of an export certificate, waive the certificate. (C) Any motor vehicle fuel carried from the City in the fuel tank of a motor vehicle shall not be considered as exported from the City. (D) No person shall, through false statement, trick or device, or otherwise, obtain motor vehicle fuel for export as to which the City motor vehicle fuel tax has not been paid and fail to export the same, or any portion thereof, or cause the motor vehicle fuel or any portion thereof not to be exported, or divert or cause to be diverted the motor vehicle fuel or any portion thereof to be used, distributed or sold in the City and fail to notify the City or its authorized agent and the dealer from whOm the motor vehicle fuel was originally purchased of his act. (E) No dealer or other person shall conspire with any person to withhold from Page 8 - COUNCIL BILL NO. 1758 ORDINANCE NO. export, or divert from export or to return motor vehicle fuel to the City for sale or use so as to avoid any of the fees imposed herein. (F) In support of any exemption from taxes on account of sales of motor vehicle fuel in individual quantities of 500 gallons or less for export by the purchaser, the dealer shall retain in his files for at least three years an export certificate executed by the purchaser in such form and containing such information as is prescribed by the City or its authorized agent. This certificate shall be prima facie evidence of the exportation of the motor vehicle fuel to which it applies only if accepted by the dealer in good faith. Section 19. Sales to Armed Forces Exemoted. The motor vehicle fuel tax imposed by Sections 4 and 5 shall not be imposed on any motor vehicle fuel sold to the Armed Forces of the United States for use in ships, aircraft or for export from the City; but every dealer shall be required to report such sales to the City or its authod=ed agent, in such detail as may be required. A certificate by an authorized officer of such Armed Forces shall be accepted by the dealer as sufficient proof that the sale is for the purpose specified in the certificate. Section 20. Fuel in Vehicles Comina Into City Not Taxed. Any person coming into the City in a motor vehicle may transport in the fuel tank of such vehicle motor fuel for his own use only and for the purpose of operating such motor vehicle without securing a license or paying the tax provided in Sections 4 and 5, or complying with any of the provisions imposed upon dealers herein, but if the motor vehicle fuel so brought into the City is removed rom the fuel tank of the vehicle or used for any purpose other than the propulsion of the vehicle, the person so importing the fuel into the City shall be subject to all provisions herein applying to dealers. Section 21. Refljnds. Refunds will be made pursuantto ORS. 319.280 to 319.320. Section 22. Examinations and Investiqations. The City, or its duly authorized agent, may make any examination of accounts, records, stocks, facilities and equipment of dealers, fuel-handlers, service stations and other persons engaged in storing, selling or distributing motor vehicle fuel or other petroleum products within this City, and such other investigations as it considers necessary in carrying out the provisions of this ordinance, if the examination or investigations disclose that any reports of dealers or other persons theretofore filed with the City or its authorized agent pursuant to the requirements herein, have shown incorrectly the amount of gallons of motor vehicle fuel distributed or the tax accruing thereon, the City or its author'=ed agent may make such changes in subsequent reports and payments of such dealers or other persons, or may make such refunds, as may be necessary to correct the errors disclosed by its examinations or investigations. Section 23. Limitation on Credit for or Refund of Overoavment and on Assessment of Additional Tax. (A) Except as otherwise provided in this ordinance, any credit for erroneous overpayment of tax made by a dealer taken on a subsequent return or any claim for refund of tax erroneously overpaid filed by a dealer must be so taken or filed within three years Page 9 - COUNCILBILLNO. 1758 ORDINANCE NO. after the date on which the overpayment was made to the City or to its authorized agent. (B) Except in the case of a fraudulent report or neglect to make a report, every notice of additional tax proposed to be assessed under this ordinance shall be served on dealers within three years from the date upon which such additional taxes became due. Section 24. ~xaminino Books and Accounts of Carrier of Motor Vehicle Fuel. The City or its duly authorized agent may at any time during normal business hours examine the books and accounts of any carrier of motor vehicle fuel operating within the City for the purpose of checking shipments or use of motor vehicle fuel, detecting diversions thereof or evasion of taxes in enforcing the provisions of this ordinance. Section 25. Records to be_ Keot by Dealers and Fuel-Handler. Every dealer and fuel- handler in motor vehicle fuel shall keep a record in such form as may be prescribed by the City or its authorized agent of all purchases, receipts, sales and distribution of motor vehicle fuel. The records shall include copies of all invoices or bills of such sales and purchases, and shall at all times during the business hours of the day be subject to inspection by the City or its authorized officers or agents. Section 26. Records to be Keot Three Years. Every dealer and fuel-handler shall maintain and keep, for a period of three years, all records of motor vehicle fuel used, sold and distributed within the City by such dealer or fuel-handler, together with stock records, invoices, bills of lading and other pertinent papers as may be required by the City or its authorized agent. In the event such records are not kept within the State of Oregon, the dealer shall reimburse the City or its duly authorized agents for all travel, lodging, and related expenses incurred in examining such records. The amount of such expenses shall be additional tax imposed hereunder. Section 27. Use of Tax Revenues. (A) The City Administrator shall, be responsible for the disposition of the revenue from the tax imposed by this ordinance in the manner provided by this section. (B) For the purposes of this section, net revenue shall mean the revenue from the tax imposed by this ordinance remaining after providing for the cost of administering the motor vehicle fuel tax to motor vehicle fuel dealers and any refunds and credits authorized herein. The program administration costs of revenue collection and accounting activities shall not exceed 10% of annual tax revenues. (C) The net'revenue shall be used only for the activities related to the resurfacing, and repair, of public highways, roads and streets within the City of Woodburn. Section 28. Administration. The City Administrator or his designate is responsible for administering this ordinance. In addition, the City Administrator may enter into an agreement with the Financial Services Branch of Oregon Department of Transportation as an authorized agent for the implementation of certain sections of this ordinance. If the Financial Services Branch is chosen as an authorized agent of the City, then the Page 10 COUNCIL BILL NO. 1758 ORDINANCE NO. modifications outlined below shall apply: (a) The fuel handler's penalty of Section 8 Subsection 'c' shall be reduced to $100.00. And if the Division determines that the failure to obtain the permit was due to reasonable cause and without any intent to avoid obtaining a permit, then the penalty provided in Section 8 and this Subsection may be waived. (b) The fuel handler's monthly reporting requirements of Section 13 and 14 shall be waived. Section 29. ~~1~: If any portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. Section 30. Effective Dates: The permit requirements imposed by this ordinance are effective ~July 1__[L1997__,and the taxation imposed by this ordinance is effective September 1,1-'~J~7~. '- Section 31. Voter Referral. This ordinance shall be referred to the electors of the City of Woodburn at the May 20, 199~7 special eJ_l_l_l_l_l_l_l_l~~ Said election shall be held in accordance with the applicable provisions of law. II~e appropriate notices shall be given as provided by applicable law. A copy of the ballot measure for this referral is attached hereto and by this reference incorporated herein. The taxation imposed by this ordinance shall commence on_September 1, 1997~ upon approval of a majority of the electors of the City of Woodburn a-t the special election of May 20, 1997_.~ Approved as to form: City Attorney Date APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woedburn, Oregon Nancy A. Kirksey, Mayor Page 11 COUNCIL BILL NO. 1758 ORDINANCE NO. SPECIAL MUNICIPAL ELECTION CITY OF WOODBURN Madon County, Oregon May 20, 1997 Submitted to the Voters by the City Council REFERRALOF ORDINANCE IMPOSING MOTOR VEHICLE FUEL TAX QUESTION: Shall the City of Woodbum adopt an ordinance imposing a motor vehicle fuel tax?. EXPLANATION: The proposed ordinance imposes a tax of two cents per gallon, in addition to the existing one cent tax, on motor vehicle fuel sold, used or distributed within the City of Woodbum. Revenues collected by this tax shall be used only for resurfacing and repair of city streets. The City Council intends to repeal this ordinance when revenue received by the city from any additional future statewide gas tax is determined to be equal to or greater than the revenue generated by this ta~ F~GASELEC