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Agenda - 08/11/1997o Se AGENDA WOODBURN CITY COUNCII, AUGUST 11, 1997 - 7:00 P.M. City of Woodburn 270 Montgomery Street * * * Woodbum~ Ore~on 97071 CALL TO ORDF. R AND FLAG .qALUTF. A. Council minUt~'bf 1uly 28, 1997 regularand~utive-meeXi~s.- B. Council workshop meeting of August 4, 1997. APPOINTM~NTS/ANNOUNCEMI~NTS/PROCLAMATION~q APPOINTMENTS A. Recreation and Park Board: Dorothy Seaatra, 1600 Country Club Circle, to an unexpired term ending _Dece__mber 31, 1999. ANNOUNCEMP~NTS B. AUGUST 25, 1997 - 7:00 P.M. - Public hearing on proposed amen~ts to the Comprehensive Plan regarding water and wastewator planning and issues. PROCLAMATIONS COMMITI~I~. RF~PORTS A. Chamber of Commerce COMMUNICATION.q BURINF.qR FROM ~ PUBLIC -.~._ ('Itfis allows the public to intorduce items for Council consideration not already Council Bill No. 1758 - Ordinance increasing local gas lax. WDA request for removal of trees on Front Street. WDA request for parking restrictions. PUBLIC FI~.ARINGS TABLI~D BUSIN~q.q A. B. C. 9A Page I - Agenda: Woodburn City Coun..~l, August 11, 1997. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. GENERAL BUSINES.q A. Council Bill No. 1819 - Resolution directing placement of four-way stop signs at intersention of Settlemier Avenue, Parr Road and S. Front St. B. No parking restriction on west side of Settle. mia- from Parr Road north to Settlemier Park for installation of a bike lane. C. No parking resUicfion on both sides of Parr Road from Settlemi~ Avenue west to end of new schools. D. Acceptance of utility easement as part of I-5 pump station and force main project. E. Amplified music request from House of Zion. F. Recruitment of Recreation & ~ Director/Report on Evaluation of Department Organizational Structure. APPROVAL OF CLAIMS A. Claims for the month of July 1997. PUBLIC COMMF~NT NEV~ BUSINF~S SITE PLAN ACTIONS Subdivision 97-02; Site Plan Review 96-21 (Hollywood Video) Site Plan Review 97-08 - Chu's Eatery addition. Site Plan Review 97-09 and Conditional Use 97-02 - Communication Tower. Ao B. C. STAFF REPORTS A. Parr Road Improvement Status Report. B. Nuisance Eaf~ Report. C. Building Activity Report for luly 1997. CITY ADMINISTRATOR'S RF~PORT MAYOR AND COUNCIL RITPORTS I~'ECUTIV~ SESSION A. To consult with mm.sd concerning the legal rights and duties of a public body with regard to currmt litigation or Htigation lilly to be filed unde the authority of ORS 192.660(1)(h). To consider records that are exempt from public inspection under the authority of ORS 192.660(1)(0. ADIOIJ-RNM'F~NT 10F llA 14A 15A 15C Page 2 - Agenda: Woodburn City Council, August 11, 1997. TAPE READING 0005 0032 0059 0071 COUNCIL MEETING MINUTES July 28, 1997 DATE. COUN~XL C~%HBERBv CITY B/%LL, CXTY OF WOODBURNv COUNTY OF NARION, gTATE OF OREC~N, JULY 28, 1997.. CONVENED. The'Council met in regular session at 7:00 p.m. With Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey- - P~es~nt Councilor Chadwick .... Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Finance Director Gillespie, Public Works Manager Rohman, City Recorder Tennant Administrator Childs stated that the Council minutes of July 14, 1997 need to be corrected regarding the grant award for the World Berry Center Museum. The total amount of the grant was $7,500. JENNINGB/FIGLEY... accept the Council minutes of July 14, 1997 as corrected. The motion passed unanimously. Administrator Childs stated that a request was received today requesting a waiver of solicitation fees and he suggested that it be added to the agenda as item 10(G). Mayor Kirksey stated that this item will be added to the agenda. ANNOUNCEMENTS, Al I~tTI(H~L NIghT OUT ON AUGUST 5, 1997 =- Chief Wright encouraged the public to participate t/l this annual event by attending their neighborhood block party. He also reminded the public that safe communities begin at home, then extend to the neighborhood, and finally to the entire .community. B) COUNOTLNO~Op ON AUGUST 4. 1997. ?~00 um -- This vorkshopw~ll be held for the purpose of disc~sing potential ballot measures for the' November 1997 election. 3A Page 1 - Council Meeting Minutes, July 28; 1997 TAPE READING 00~6 03~5 COUNCIL MEETING MINUTES July 28, 1997 Councilor Jennings stated that he had attended the "Chamber At The Drags" on July 23rd and had won one of two matches against Chamber Executive Director Jane Kanz. .He suggested that the Council get a team together for-next year since this was a ~ery enjoyable event. CO~I~m?ION O~ PUBLIC g-%aISG --- RaVE~ X~S LX0VOR LXC~SE. Mayor Kirksey continued the public hearing at 7:06 p.m.. Chief Wright r.ead_his supplemental sta~rep~'r~-~-0-the---' record which Specifically addressed questigns raised _at the June 23rd-hearing. ~Based upon the incidents which occurred in 1993/94 and the February 1997 incident in which alcohol was a factor, he recommended that the Council provide a negative recommendation to OLCC. Additionally, he felt that racial comments made by Mr. Wiebe during the February 7, 1997 incident along with alcohol abuse leads one to believe that Mr. Wiebe would not be able to comply with laws nor be able to control himself or the responsibilities involved in operating a licensed liquor establishment. Councilor Jennings questioned if the information provided within this agenda packet is the reinvestigation material. Chief Wright affirmed that and stated that the investigation material included in the packet has been provided to Mr. Wiebe and Attorney Reid. Mike Reid, attorney representing applicant Ronald Wiebe Jr., stated that he disagreed with Chief Wright's recommendation and with his conclusions.within the recommendation relating to racial slurs and alcohol abuse. He reiterate his client,s statements that the racial Slurs did not happen and reminded the Council that no other individual present at the tavern on the evening of the incident has come forward to substantiate Darlene Standridge,s statement. RegardingMr. Wiebe'suse of Lithium, Mr. Reid explained that the medication is taken on a doctor,s prescription for treatment of depressionandthatthere is nothing inappropriate about that. He acknowledged the concern of mixingL~thiumwith alcohol and the potential proble~mthat could be caused by Mr. Wiebe being a social drinker. However, he stated that he saw nothing in the staff report about mixing Lithium and'alcohol and that he did not feel therewas any evidence that Mr. Wiebe's taking Lithium had contrib~ted to his problem. 3A Page 2 - Council Meeting Minutes, July 28, 1997 TAPE READING COOl, OIL MEETING MINUTES July 28, 1997 In regard to Mr. Wiebe's behavior, Mr. Reid stated that there was one conviction which occurred in 1993 - He stated that all of the problems essentially refer to "one bad day# in 1993, and as a result of that incident he was cited for DUII 'and went through an alcohol'diversion program. In reference to the February 7, 1997 incident at the Raven Inn, Mr Reid stated that the allegations against his client cover severa/~_behavior~: He-wasrude-~n trying to-lure .... --- customers from one tavern to the tavern he is plannig~g.'to_buy He was arrogant in boasting that~h~-w-as to become the new owner of the Raven and about some of his plans for the Raven; He was angry and evidently Darlene Standridge became upset when Mr. Wiebe ordered her to prepare some food-after which she began to "card" everyone and ousted some who had no ID with them, even though they were obviously over the legal age limit. He stated that Mr. Wiebe then became angry, feeling that Darlene Standridge was trying to sabotage the business. When Tina Wiltsey came to the bar that evening, he became more upset because he believed that Darlene Standridgewa~ acting on Wiltsey's orders. Tina Wiltsey assured him that was not the case. Mr. Reid stated that it was alleged that Mr. Wiebe ordered the employees around, which was viewed as inappropriate behavior, however, no witness told the police investigator that Mr. Wiebe had ordered any employee around. He stated that Darlene Standridge was the only person to make the allegation. In reference to Mr. Wiebe's drinking, Mr. Reid stated that no one, including Darlene Standridge, is alleging that he was intoxicated in any bar. The only allegation that he abused alcohol or had been intoxicated, was that one night when he had consumed over the legal limit of alcohol for driving a motor vehicle. Mr. Reid stated that it all right for Mr. Wiebe to drink in the Raven, or any other place. He stated that Mr. Wiebe has never denied that he was drinking at the Raven. Mr Reid stated that he felt the police investigators are under the erroneous belief that because Mr..Wiebe intende~ to purchase the'Raven and had put earnest money down, that he now falls within the general prohibition against a licensee drinking on duty. He reminded the Council that'Mr. Wiebe was not.a licensee of OLCC at that time and even if he were to claim to be a licensee as alleged byDarlene Standridge, the fact is that he is not a licensee, and this would be confirmed 3A Page 3 - Council Meeting Minutes, July 28, 1~97 " , , 3A TAPE READING 0682 COUNCIL MEETING MINUTES July 28, 1997 by OLCC. He stated that}tr. Wiebe can drink at the ~ven without violating any OLCCrule, therefore Mr. Wiebehad done nothing illegal in drinking at the ~mven. Mr~ Reid reminded the Council that the liquo~'commission is c6ncerned not that someone drinks, but only can become 'concerned when, because of someone's drinking, they use poor judgement and break the law repeatedly. He stated that Mr. Wiebe usec~or judgement and Broke the .la~ whiuh resulted in an alcohol diversion program~n~-c6nviction of DUII,-but-the fact that he contil%ues to d~ink socially is irrelevant. He stated Mr. Wiebe has not broken any law in the last four years, while under the influence of alcohol or otherwise. Mr. Reid commented on the alcohol treatment program's recommendation that he abstain from the use of alcohol. After talking with the coordinator of the program he was told that they always recommend abstinence. Mr. Reid stated that Mr. Wiebe was not diagnosed as an alcoholic and the recommendation is of no real significance. He stated that Mr. Wiebe has had no problems associated with his drinking for nearly four years. Mr. Reid made some additional comments regarding his perception of Darlene Standridge's credibility as a witness. He then reminded the Council that while one might not like some of the things that Mr. Wiebe has done, the question for the Council is whether those things represent a basis for a recommendation that his liquor license be denied, and to consider that Mr. Wiebe has not abused alcohol in almost four years. He stated that all the allegations are not a basis to deny the license. Mr. Reid stated that Mr. Wiebe fully understands his responsibility as a licensee of the OLCC and if granted a license, will comply with the law, will not drink on duty, and will run a good business. Mr. Reid states that Mr. Wiebe has indicated that he will especially cater to the hispanic population of the community and that he harbors no racial prejudice. Mr. Reid concluded by asking that the Council give Mr. Wiebe a chance and recommend favorably to OLCC. Page 4 - Council Meeting Minutes, July 28, 1997 ~' COUNCIL MEETING MINUTES July 28, 1997 TAPE ~ADING O8O9 Councilor Jennings cited the OLCC rules in giving one of the reasons for denying a license, which state that it may be denied if the applicant has a history of alcohol or drug abuse. Councilor Jennings stated that Mr. Wiebe,s history of attending alcohol diversion meetings with alcohol on his breath after being instructed to abstain, in his mind, constituted alcohol abuse. -Mr.- Reid stated-~chat ~h=.-/~93~issue' is-n~t--~-rece~t--~buse of alcohol. He stated that he felt-the Chie~of Police and his investigators were in error in their recommendations in this case. O87O Chief Wright stated that though this particular episode was in the past, and that Mr. Wiebe has not been arrested, nor had a run-in with the law, does not mean that Mr. Wiebe does not have a problem. He stated that he felt the police recommendation was as accurate as possible and that he stands behind it. He reminded the Council that the police recommendation and the Council's recommendation were just recommendations; and that the final decision would be that of OLCC o A000 Mayor Kirksey declared the public hearing closed at 7:35 p.m.. Councilor Pugh stated that, in his opinion, the staff report was completed in a thorough manner and supported a negative recommendation. Councilor Figley stated that she did not see any additional information within the staff report which would change her mind on this issue. She reminded the Council that this establishment has had a history of prior problems and she reiterated her objection to granting a liquor license to Mr. Wiebe Jr. based on the information contained within the report. Councilor Jennings expressed concern regarding Mr. Wiebe,s not taking medication on a regular basis and he had not seen a doctor's report whichwould provide information on the effects of taking the lithium medication on an as-needed basis. He was also concern about the records from the Addiction Counseling & Education Services, Inc., whichreco~mended that Mr. Wiebe continue attending alcohol anonymous meetings and abstain from'drinking alcohol, neither of which has been done by Mr. Wiebea~ of thi~ date. Councilor Sifuentez stated that she felt that it was to the Council'sadvantage to reinvestigate this issue, however, the new information had not changed her opinion and she would be following the Police Chief's recommendation. Page 5 - Council Meeting Minutes, July 28, 1999.. 3A 3A COUNCIL MEETING MINUTES July 28, 1997 TAPE READING 11'62 t-190 Councilors Hagenauer and Chadwick stated that they were in agreement with comments made by the other Councilors. JENN!.NGS/PUGH .... City provide a negative reco~endation to the Oregon Liquor Control Commission for liquor license approval of Mr. Ronald Wiebe Jr.. The motion passed unanimously. TABLED BUS~N~SS - COUNCIL BILL ~0-'175&: ORD!_W~NCE INCRF2%SINC ... LOCAL G.-%B TAX. Noaction was taken by the Council to-remove this item f~6~ .... the table. TABLED BUS~NES$ - WOODBURN DOWNTOWNASSOCIATION REQUEST FOR REMOVAL OF TREES ON FRONT ST~R~T. No action was taken by the Council to remove this item from the table. TABLED BUS~NESS,- WOODBURN DOWNTOWN ASSOCIATION REQUEST FOB No action was taken by the Council to remove this item from the table. TABLED BUSINESS - APPLICATION FOR CONNEOTION TO CITY SERVICES: 1570 JENNINGS/FIGLE~... application for connection to city utility services be removed from the table. The motion passed unanimously. JENNINGS/PUGH... based on the information within the report from Attorney Shields regarding annexation of property, the application to grant city'services be approved provided that the property is annexed into the City. Councilor Jennings stated that he felt that the Council should approve the applicationbecause of the potential healt/T----c. hazard, however, he disliked the postage stamp type of annexations. The motion passed unanimously. Councilor Jennings thanked theAdm/nistrator for sending out the notices to the gasoline dealers and reminded the public that he would be offering a motion at the next Council meeting to remove the gas tax issue from the table. Page 6 - Council Meeting Minutes, July 28, 1997 TAPE READING 1266 4294 ;324 1348 1375 COUNCIL MEETING MINUTES July 28, 1997 COONOIL BILL 1816 - ~_I~OLOTZON ENTERZNG INTO Co~ctl Bill 1816 w~ ~uc~ by Co~ctlor Hag~auer2 '~ecord~Te~ant rea~e bill by title only since ~ere were no objections from ~e Cocci1. On roll call vote for final passage, ~e bill ~ss~animously. Mayor Kirksey declared Co~cil Bill 1816 duly passed. COOP~T~ RE~IO~ L~Y SERVICE (~8). Council Bill 1817 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 1817 duly passed. COUNCIL BILL 1818 - RESOLUTION ESTABLISHING 1997-98 EMPLOYEE COMPENSATION. Councilor Hagenauer introduced Council Bill 1818. 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 1818 passed unanimously. Mayor Kirksey declared the bill duly passed. ACCEPTANCE OF UTILIT~ E~SEMENT -- I-5 FORCE N/A_~_TN_~wD GRAVITY SEWER PRO~ECT. Staff recommended the acceptance of an utility easement from Marion County for a parcel of land located within the gravity sewer project. JENNINGS/FIGLEY... easement from Marion County be accepted. The motion passed unanimously. LIOUOR LICENSE ~PP~ATION - SU CASA !~ORTS, 297 Fron.~L- Street. -- Chief Wright recommended a positive endorsement of a package store liquor license application submitted by Rafael & Isabelle Mendoza DBA SuCasa Imports. JENNINGS/PUGH .... reoosmendto OLCCthe approval of the package store liquor license application for Su Casa Imports. Councilor Figley stated the business owners have a very attractive and clean establishment, however, shew anted to bring to the Council's attention that they had previously denied package store applications submitted by other individuals who had operated clean businesses but situations 3A Page 7 - Council Meeting Minutes, July 28, 1997" TAPE READING COUNCIL MEETING MINUTES July 28, 1997 3A in the past had led to the Council,s decisions not to approve those specific licenses. She stated that she would be very vocal in her objection to a future package store license at this location if the same behavior occurs from patrons as in ~the past. Chief Wright stated that he has spoken with the owners who also operate a very nice store in Hillsboro which includes a Community Policing desk within their business. He .agreed that there had been numerous problems, hoWever, there is no - substantial facts in place that wouIdallo~'-hlm to make a negative recommendation on this application. The vote on the motion to approve the license passed unanimously. .~492 LIQUOR LICENSE APPLICATION - LUPITA'S, 311 N. FRONT STREET. Chief Wright recommended a positive endorsement of a Class C liquor license application, with a compliance plan, submitted by Martin Ochoa DBA: Lupita's. JENNINGS/PUGH... favorable recommendation be forwarded to OLCC for a new outlet Class C liquor license for the busi Lu ira's al ' . ness P ong with the agreed upon Compliance Action Plan. During a brief discussion on the restrictions of a Class C outlet, the Council was assured that there would be no lounge and alcohol would only be served if food was ordered. All alcohol servers within the establishment would be required to have an OLCC server's permit. Councilor Pugh expressed his opinion that the restaurant is a very attractive establishment and the liquor license will enhance the business and he hopes that they will be able to grow and become very successful. The vote on the motion to approve the license passed '' - unanimously. ~- regon, to do door to door solicita*~-- ~- ~= ..... ___,ff~rY- -' y~'Z_ ~", ~ ~ougn Au~st 28, 1997 Mayor Kirksey expressed concern regarding the granting of the fee waiver since there was no information available that clearly defined this group as a religious organization. Administrator Childs reminded the Council that the City,s solicitation ordinance has been in effect since 1969 and, based, upon Supreme Court cases in the mid-1980,s, the City has allowed fee waivers for organizations that are clearly Page 8 - Council Meeting-Minutes, July 28, 1997 TAPE READING COUNCIL MEETING MINUTES July 28, 1997 3A 2168 religious in nature. He read his memo into the record which recommended the waiver of the fees. As stated within the memo, the State .Dept. of Justice informed the City that this organization is exempt from registering with the Department 'since they are classified as religious in nature. The councilors reiterated their concerns regarding request and questioned the City Attorney as to the options available to the Council. Attorney 'Shiei~-&'stated that there is"-a ordinance as it relates to-an 'Oregon 'ca.~e plus some federal laws regarding religious organizations. He suggested that the City consider modifications to the existing ordinance to update the process. He reminded them that they have two options available to them at this time - 1) grant the waiver or 2) deny the waiver and require the organization to follow the investigation process. PUGH/SIFUENTZ... deny this waiver request submitted by the United States Mission of Portland, Oregon. Councilor Jennings expressed concern as to the method of solicitation in which this organization would follow and whether or not they would be wearing identification badges. Mayor Kirksey stated that they would not be soliciting until such time as they follow the proper channels and the Police Department conducts an investigation. The motion to deny the request passed unanimously. ~CLAIMS FOR TN~ ~OIqTH OF JUNE 1997. Si~'r~Z/FI~L~.~... approve Voucher checks $37131 - 37581 in the amount of $811,854.23 issued during the month of June 1997. The motion passed unanimously. STAFF REPORTS, -~- A} PARR ltOa~ LID Councilor Jennings stated that the paving contractor for this project is concerned that he will not be able to get his work done on time due to~.the utility company,s 2 week delay in getting their work Completed, therefore subject to penalty fees as provided for within the contract. Director Tiwari stated that they will be working with the contractor and realize that delay on the part' of the utility companies are not the fault of the paving contractor. It is the City,s intent to get the sidewalk and bikeway~ in before school starts. Page 9 - Council Meeting Minutes, July 28, 1997 TAPE READING COUNCIL MEETING MINUTES July 28, 1997 3A B) WOODLAND AvENuE naNDS~E ~Dx~_W IS~u~ -- Public Works Manager Rohman read his memo into the record regarding the feasibility of providing.water to the median ~lu properly maintain, aaoltlonal landscaping i~the median ~tr%p. In. summary, ODOT (Oregon Dept. of Transportation) has ~ x ana a =razrlC signal wi11 soon be installed at that interseG~ion. In addition, proposed developm.~ntS in th6'-'.'- northwest area will require duar-l~ft tur~ lanes.~nd its · i~pact on Woodland Avenue has yet-to-be det~e~mi~ed. Staff recommended that the City wait until final roadway plans have been developed before a decision is made on supplying water to the median strip. ~440 Councilor Pugh stated that he is bothered about the potential loss of the median strip in order to accommodate potential traffic flow. He suggested that there is sufficient right of way along Woodland Avenue that could be used for the roadway instead of destroying the median strip. He urged the Council and staff to keep this attractive median strip intact when looking at proposed roadway plans. MAYOR AND COUNCIL REPORT~. Councilor Figley stated that a more solid report on Centennial Park will be made available to the Council at the next meeting. Some additional engineering work has been completed and the Committee will be meeting to discuss the results of this work. In regards to the Housing Rehabilitation Loan Committee, they will soon be meeting with staff so that when funds are made available, homeowners who have been granted a loan can proceed with their improvements. =p.~r~men= on r~ezr nanalxng of the emergency fire situation =-~xe was use~ as a command post at the site and he thanked the farsightedness of the Police ,~.=,. ..... ~- - _ ~.= .~n=o ezrec~ anU many city employees ~rumxx= worK~ ana Po£lce; were at the site throughout this emergency to provide assistance and technical information. Councilor Hagenauer questioned the status of the private railroad crossings along Cleveland Street. Page 10 - Council Meeting Minutes, July 28, 1997 TAPE READING COUNCIL MEETING MINUTES July 28, 1997 3A Public Works Director Tiwari stated that the City has received a copy of a letter from Bob Benck, Woodburn Fire District, to the Mid-Willamette Valley Railroad stating that crossings need to be put into place . ~ouncilor Jennings stated thatMrs Ostergaard who lives on the south side of Cleveland is also researching this issue and has found that the property owners do have permits which allow the crossings 'to be put back into place, ho~v~, the ~i~pute i~- in the-question of who pays for those cros§ingS'. .... Councilor Hagenauer also questioned if a utility company or developer is responsible for cleaning up the area in which they were working and/or replacing damaged property. Director Tiwari stated that work done within the public right- of-way must be cleaned up by the developer. In regards to a private easement, it is the property owner's responsibility to work with the developer or utility company to restore the property to its original state. He briefly reviewed the process followed by Public Works when a developer or utility company fails to clean-up the work area following completion of a project. 2841 Councilor Sifuentez invited the public to attend the annual Mexican Fiesta which will be held at Legion Park August 1st - August 3rd. The parade will begin at 12:00 noon starting at Settlemier Park and she encouraged the Council to participate in the parade. Mayor Kirksey stated that the train used in past parades is over at Case Automotive and being fixed. However, if the train is not running by Saturday, alternative plans will need to be made by the Council so that they will still participate in the parade activities. Councilor Jennings offered ~--~zlrive the DARE vehicle if it is available. Councilor Chadwick stated that she had attended the Aware Food Bank open ho~se last week, which has recently moved to a new location providing nice office space to house this program. Councilor Pugh questioned the status of the Hwy. 219 lane expansion and traffic light installation at the Woodland Ave/Hwy. 219 intersection.' Traffic congestion is creating a hazardous s'ituationw~thin this area. Public Works Manager Rohman stated that the City has let the contract for this project and we are trying to get it completed as soon as POssible. In regards to the traffic signal, each traffic signal pole has to be made special and Page 11 - Council-Meeting Minutes, July 28, 1997 TAPE REA____DING COUNCIL MEETING MINUTES July 28, 1997 3A 3185 orders for poles are not submitted until after a contract has been awarded. It will take up to 3 months to get the poles a~ staff is hoping that the light will be installed between mid-September and the first part of October. A gentleman in the audience expressed his concern regarding the heavy truck traffic coming out of the Waremart development coupled with the traffic from the new Hillyer,s car dealership located directly across the street from '~rney Rd and the heavy truck traffic, coming off of Arney-Rd-from the-proposed factory outlet mall development. Chief Wright briefly commented on the recent fire at Woodburn Fertilizer and commended Lt. Eubank for his work in developing the emergency plan which was put into place at the time of the incident and handled stupendously by all affected personnel. Councilor Jennings also thanked Lt. Eubank for being the author of the emergency plan which appeared to do what it was intended to do during an emergency situation. Chief Wright also informed the Council that Pat Johnson, reporter for the Woodburn Independent, will be leaving the Woodburn Independent effective August 1st for a new reporting job in Beaverton. He congratulated him on his move even though he will miss his fair reporting of issues within our community. Mayor Kirksey stated that it is nice to be back in Oregon and she expressed her appreciationto the Council for representing her at various meetings and functions while she was away. AD~INISTRATOR,S Administrator Childs also expressed his thanks to Pat Johnson for his fair reporting of city issues. He also introduced Annie Chu who is a new reporter for Northland Cable News. Administrator Childs stated that he had. attended a l~on meeting with the new Marion County Sheriff, Raul Ramirezi-Who announced at the meeting the selection of Lt. Greg Olson as his Undersheriff. Mayor Kirksey expressed her regrets with the news of reporter Pat Johnson leaving the employment of our local newspaper and .. she wished him the best of luck in his future endeavors. ~474 ~XE~UTiFE S~88iON. JERNINGN/PX~LE~ .... adjourn to executive session under the authority of ORS 192.660(1)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. The motion passed unanimously. The Council adjourned to executive session at 8:35 pm and reconvened the meeting at 9:02 p.m.. Page 12 - Council Meeting Minutes, July 28, 1997 TAPE READING COUNCIL MEETING MINUTES July 28, 1997 Tape 2 ~001 The ~ollowing action was taken as a result of the executive session. -.JENNINGS~FXGAEY... accept the proposal from Mrs. Hazel Smith .which is a payment of $9,802.23 plus 10'x393, property for p~blic right of way fromM rs. Smith in lieu of assessment amount fixed by Ordinance No. 2193. The motion passed unanimously. JENNINGS/FIGAE¥... accept the proposal from Ron & Debbie Monnier which is a strip of land for public right-of-way in lieu of assessment amount fixed by Ordinance No. 2193. The width of this strip is the difference between 46' distance from the center and the south edge of existing right-of-way and the length is defined as the entire length of property along Parr Road. The transfer of land is to take place at the time of property sale or earlier. The motion passed unanimously. JENNINGS/FIGLE¥... accept the public right-of-way from Hope Lutheran Church having an overall area of approximately 1/3 acre as shown on the attached map, follow the terms of the church letter dated June 27, 1997 as modified by Public Works Director's letter dated July 23, 1997, and reduce the assessment obligation outlined in Ordinance No. 2193 by $13,745.38 to compensate for land transaction. The motion passed unanimously. ~053 JENNIN~S/FT~LEY... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:03 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR 3A ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 13 - Council Meeting.Minutes, July 28, i997 Executive Session COUNCIL MEETING MINUTES July 28, 1997 3A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF O~N, JULY 28, 1997. ROLL CALL. The Council met in executive session at 8:40 p.m. with Mayor Kirksey presiding. Mayor Kirksey Present Councilor Chadwick --Present Councilor Figley Present Councilor Hagenauer Presem Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Mayor Kirksey reminded the Councilors, staff, and press that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, City Recorder Termant Press: Annie Chu, Northland Cable News The executive session was caUed under the authority of ORS 192.660(I)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. The executive session adjourned at 9:00 p.m.. APPROVED '-'z_ NANCY A. KIRKSEY, MAYOR -' ATTEST Mary Tennarff, Recorder city of Woodbum, Oregon Page .1. - Executive Session, Council Meeting Minutes, July 28, 1997 " COUNCIL WORKSHOP MEETING MINUTES AUGUST 4, 1997 3B TAPE READING ~022 pOSO A~ COUNCIL CHAMBBRS~ CITY HALL, CITY OF WOODBURN, COUNTY OF MARION# STATE OF ORE~ON, AUGUST 4, 1997 ~- The council met in a workshop session at 7:14 p.m. with Mayor Kirksey presiding to discuss November Ballot Measure priorities. 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; Finance Clerk Deen Administrator Childs noted the purpose of the meeting, stressing the short time line before the filing deadline, and offered three issues which could be considered for the November ballot: - Increase Planning and other Miscellaneous Fees - Bond Issue to Construct Centennial Park - Increase Gas Tax Administrator Childs noted that the Council has identified a potential need to increase the plannin--g~and other miscellaneous fee schedule, and that it is now achievable only through a vote because of Measure 50 ramifications. He listed some possible arguments for and against the increase in fees: pRO: Long -running need for updated land Use Planning fee structure; now achievable only by a vote of the people. Page 1 - Council Workshop Meeting Minutes, August 4, 1997 similar need for review and update of other routine city fees and charges. 3B 0111 Increased financial support needed for adequate staffing to handle current volume of Land Use Planning activity. Popular sentiment that developers, rather than existing taxpayers should pay the costs associated with accommodating new growth. CON: Exact nature and amount of reVised fees not yet fully determined. May still be some question as to whether specific fees require vote. No track record established among other cities regarding this type of measure. (City of Salem does have a similar fee increase measure on the November 4 ballot.) Arguably lesser financial impact to city than other possible ballot measures. Councilor Pughguestioned whether the Council had made a decision to raise the fees. Administrator Childs stated that it was his understanding that the Council was in favor of raising the fees in order to adequately staff and fund the department. Mayor Kirksey stated that she thought it was the consensus of the Council to raise the fees. Councilor Figley stated that she felt it was aDDarent that our fees are abnormally low and particularl%a~on things that are labor intensive. She stated that she felt very strongly that we need to leave the fees impacting the average tax payer where they are and set fees for big projects that would come closer to market rate, and that the City can charge the market rate and not stifle development in the City. Councilor Pugh questioned whether we needed to license major engineering firms. Page 2 - Council Workshop Meeting Minutes, August 4, 1997 0168 Mayor Kirksey stated that she felt we could have more complex forms for them, but that the rules and fees charged are ultimately the Council,s responsibility. After further discussion, Councilor Jennings statedthat he thought the issue is not ready to put on the ballot. 3B 0210 0300 Councilor Figley stated that she felt strongly that the City should'have exact numbers for the fees and felt the development community should have the right to be heard at a public hearing before putting the issue on the ballot. Mayor Kirksey stated that the Council needs to give Staff direction on the iSsUe and questioned whether the Council was ready to raise fees for the next budget year. Council Figley stated that the City does need to raise fees, but that it would be difficult to have the fee schedules ready for the November ballot. She suggested that perhaps it would be better to work toward the May ballot. It was the consensus of the Council to delay the issue until at least the May, 1998 ballot. Administrator Childs introduced the next item, which was the possibility of a bond issue to construct Centennial Park: PRO: Would facilitate timely full completion of high profile facility desired and needed by the community. Opportunity to capitalize on current degree of citizen support for Park and Recreation facilities as evidenced by recent passa~_of aquatic center bond measure. Possible attractiveness of cost to taxpayers (as compared to rates for aquatic center/new schools/county detention facility.) Would complement and enhance fast-track construction of school facilities next door. Page 3 - Council Workshop Meeting Minutes, August 4, 1997 3B 0358 ~ON: Double majority rule necessary for passage of measure. It would require 50% of registered voters to cast votes and 51% of those to vote in favor of the measure. Precise updated total project cost not yet available. - Possible perception of "yet another tax." - Will require concerted commitment and effort on the part of advocates Councilor Figley stated that she felt that some progress needs to be evident to the citizens before the issue goes on the ballot. This would lend more credibility for the citizens. She also stated that she felt there should be another meeting to investigate what funds are available. Mayor Kirksey stated that the City has $70,000 available and need to be doing something with it. Councilor Jennings reminded the Council that some of the money has already been used to come this far with the project, and that the Citizens probably aren't aware of all the things that have been done. Administrator Childs stated that the $70,000, the work already done and other outstanding pledges, represents to Centennial Park about what the FEMAmoney meant for the aquatic center. Councilor Jennings stated that he did not feel the measure has a chance to pass on the November ballot. sC~_u~_c~ilo~r~_~Fi_g, ley_a.g, re.e_d .with Counc. ilor Jennings, and a~.y.u u~..au sne zelt r/lat if the City could shom~ some z m~ v~, ~;~ ~ay or November 1998 ballot ~tal~il~r Sifu.entez stated .that she felt the City needed u ~ aggresszve in soziciting help from the School d~strict, as this park wzll be so much to their benefit. Councilor Figley stated that she has heard many complaints on the false starts, etc. on the project and suggested thatthe council set up a task line to show the voters that we have been and are doing something in regards to Centennial Park. Page 4 - Council Workshop Meeting Minutes, August 4, 1997 Mayor Kirksey stated that parks help kids. If they are playing ball in a park, they are not on the streets. It was the consensus of the Council not to put the issue on the November ballot. 3B ~)626 0718 .Administrator Childs introduced the third item for consideration for the November ballot, an increase in the gas tax. PRO .- gON: Demonstrated transportation funding needs. Possible perceived "commitment,, to put'~his on the ballot due to previous publicity. Apparent popularity of local gas tax as a funding mechanism (based on margin of passage with original city gas tax). Issue not yet "of the table" with specific course of action determined. Transportation funding issue "up in the air" on a statewide basis. - The need to recognize the possibility of a well financed campaign against the measure. Councilor Pughasked what has happened with the Governor in regard to the statewide gas tax. Councilor Jennings stated that he has sat in a Transportation Commission Task Force meeting with the Governor, and he felt that the Governor will not_~all a special session to enact the bill. He also stated-~aat the Governor is not in favor of cities having their own gas tax. Administrator Childs stated that the timeline was very tight if the issue is to be put on the November ballot. He reminded the Council that there is only one more regular Council meeting, after the issue is removed, from the table, to fine-tune whatever is needed and 'to bring an ordinance to the Council. · Page 5 - Council Workshop Meeting Minutes, August 4, 1997 1105 1158 Councilor Jennings stated that he voted to go ahead with putting it on the ballot. Since the funding is up in the air, he suggested looking at an ordinance with a clause stating that if a State law is enacted and we would receive the same amount of money from our tax, we could void our tax. He felt that the people could choose between a bond issue or the gas tax, which would be partially paid by freeway traffic. He also stated that he felt the gas tax issue stood a better chance of passing if the Centennial Park and fee increases were not on the same ballot. Councilor Figley suggested the Council put the issue on the November ballot. - .... Counci-t~r- Bigley spoke of the ~hc'ern of-the lack of leadership in the statewide issue, and stated that she felt that the City could revoke it's tax if necessary. Administrator Childs stated that the ordinance must be finalized at the second meeting in August (August 25), as the Council needs time to review the wording, etc. Councilor Jennings reiterated that the issue be "pulled from the table" at the August llth meeting and staff be directed to draft a new ordinance. He asked the Mayor if the public would be allowed input at that meeting. After some discussion, Mayor Kirksey stated that she felt the public should have the opportunity to be heard, however this should be as a part of the regular Council meeting, not as a separate public hearing. The consensus of the Council was to remove the issue from the table at the August 11th Council meeting and direct staff to draft an ordinance, and that the issue would be placed on the November ballot. The workshop was adjourned at 7:50 PM 3B Page 6 - Council Workshop Meeting Minutes, August 4, 1997 TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator ~4,~* Tabled Business/Council Bill 1758 (Fuel Tax Increase) August 7, 1997 City council has publicly indicated an intent {o remeve this item from the table at its August 11, 1997 meeting and various interested parties have been notified accordingly. A copy of the proposed ordinance and ballot title, as they existed at the time the matter was tabled on November 25, 1997, are attached. At a recent August 4, 1997 workshop session to prioritize possible November ballot measures, there was some discussion regarding having a revised draft available for consideration on August 11th. In reviewing the existing draft, it is clear that further city council discussion and direction is needed for staff to develop a subsequent draft, presumably for adoption on August 25, 1997. I point out the following features that merit further consideration and feedback from the governing body in order to develop an appropriate revised ordinance: ~.[~!ff~. This needs to be reviewed and modified by the City Attorney to conform to Measure 50, which was passed subsequently to Measure 47. Whereas #4 and #5. These likely need to be either modified or eliminated due to the passage of time and the fact that the 1997 Legislature has adjourned. ~. This is the =equal to or better' language indicating an intent, j;o repeal if the state enacts a future funding package. Similar language is reflected in'the Jast paragraph of the ballot title. Does this sufficiently and clearly reflect the governing body's intent? .~.J3~r.~It~.. This =Whereas= likely should remain, but begs the question as to whether an additional 'Whereas' should be added refle~ng the more recent 'legislative history', wherein the matter was tabled in hopes of a statewide solution. Section 5(A}(2) Amount and Pavment~ This reflects the 2-cent tax previously discussed. Any further change in amount would need to be reflected here. Section 30. Effective Dates, This section will need to be updated. Are the 'spiit' effective dates still necessary? 9A Page 2 - Tabled Business/Council Bill 1758 (8/7/97) New Section 31. Emeroencv Claus=. An emergency clause needs to be added to make the ordinance effective prior to the September 4, 1997 filing deadline for the November election. · Clarification and further direction regarding these points of concern will enable staff to prepare an appropriately worded draft for final adoption on August 25, 1997. COUNCIL BILL NO. 1758 ORDINANCE NO. =o;o, o, =o o, ~,~.,- ruc~. UEALERS FOR PURPOSES OF PAVEMENT PRESERVATION; PROVIDING OF THE CITY OF WOODBURN. t:PEI~RING SAID ORDINANCE TO THE ELECTORS WHEREAS, the State of Oregongrants muniei~al authority to impose a motor vehicle fuel tax as adopted in Article IV, Section 3a-of-the Oregon COh~titution; 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 futura 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 - COUNCILBILLNO. 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 fund. lng for pavement preservation and street projects; NOW THEREFORE. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: - Section-1. Title;, 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. Definitions: 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. 9A Page 2 - COUNCIL BILE*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 §00 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, {ank or storage facility is owned, operated or controlled by the dealer. (G) "Highway" means every way, thoroughfare and place~of-whatever-nature, for use of the public for the purpose'of vehi~u[ar t?avel. (H) "Motor Vehicle" means ali 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" moans 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. ~-JI,T,_[i~/Ed[~ An additional motor vehicle fuel tax is herelw_imposed as provided herein on every dealer operating within the corporate limits of Woodb~r~. 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 porrnitted 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. 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 (Bi 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 all 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 as all such fuel sold, used or distributed-in ~ by a-purchaser thereof upon whi~h*~ale, use or distribution the dealer has assumed liability for the applicabFe ~6t~)r vehicle fuel tax during the preceding calendar month. (2) Pay a motor vehicle fuel tax pursuant to the provisions of this ordinance computed on the basis of two (2.0) cents per gallon of such motor vehicle fuel so sold, used or distributed as shown by such statement in the manner and within the time provided in this ordinance. This two (2) cent per gallon tax shall be in addition to the one (1) cent per gallon 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 AoDlications 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 transacting Page 4 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A 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-m.o*.or vehicle fuel dealer or fuel-handler permit ha~ing~ 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 it-~ tluly 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 (Fi herein. No fee(sD shall be charged by the City for securing said permit as described Section 8. Failure to Secure Permil;. (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. (Bi 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 both, the certificate is prima faci[~idence 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 facle 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 Action. Page 5 - COUNCIL BILL NO. 1758 ORDINANCE NO. 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 certified 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- ..... ham~er~ 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 Cumula~;iv~. 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 percent (10.0%) shall be paid in addition to the penalty provided for in subsection (B) of this Section. (D) If the City or its authorized agent, determines that the delinquency was due to reasonablecause 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 a~d~FijeI.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. All 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 prima 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 providedin 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-Es 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 maintained. The bills required hereunder may be the same as those required under ORS 319.210. Section 16. Failure to Provide Invoice or Delivery Tag* 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. 9A Page 7 - COUNCIL BILL NO. 17§8 ORDINANCE NO. 9A Section 17. _Transporting 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. Exemotion 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 exports 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-Jmposed .on-any motor-vehicle fuel sold to the Armed Forces-of the United States for use in s-hiPs, aircraft or for export from t-he ~ity;.buteVery dealer shall be required to report such s~les to the City or its authorized 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 C0minq 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. ~ Refunds will be made pursuant to ORS. 319.280 to 319.320. Section 22. Examinations and InvestiQation~. 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 othe~-'~rsons 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 authorized 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. i i i n i r r R f n f v r ' n n A m 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 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A 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. · · City or its duly tn k ' r V i I The 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. Becords to be Keot bv Dealer.s and-Fuel~Ha-h~l-~_r Every dealer andfuel ....... handler m 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 Kept Three Year~. 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 revent~_from the tax imposed by this ordinance remaining after providing for the cost of adminis~-~ing 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 Cityof W0odburn. Section 28. ~Administratign 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. ~IZ~[[~: If any portion of this ordinance-is for any-reason held invalid or unconstitutional by a court of competent jurisdiction, suc_h portion_shall be deemed a separate, distinct and independent prov[sion and~c~ holding shall not affect the validity of the remaining portions of this ordinance. Section 30. Effective Date~: The permit requirements imposed by this ordinance are effective July 1, 1997 and the taxation imposed by this ordinance is effective September 1, 1997. Section 31. _Voter Referrpl, This ordinance shall be referred to the electors of the City of Woodbum at the May 20, 1997 special election. Said election shall be held in accordance with the applicable provisions of law. The 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 at 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 Woodburn, Oregon Nancy A. Kirksey, Mayor Page 11 - COUNCIL.BILL NO. 1758 ORDINANCE NO. 9A SPECIAL MUNICIPAL ELECTION CITY OF WOODBURN Marion 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 tax. F~GASELEC 10A MEMO TO: THROUGH: FROM: SUBJECT: City Administrator for Council Action Public Works Director ~ Ju!ie Moore, C.E. Tech III ~ Four-Way Stop at parr Road and Settlemier Avenue DATE: August 5, 1997 RECOMMENDATION: It is recommended Council approve the attached resolution approving the installation of a four- way stop at the intersection of Parr Road/Settlemier Avenue/Front Street. This intersection is being improved in conjunction with the completion of the construction of two schools on Parr Road and the traffic volume on Parr Road and Settlemier will increase dramatically. BACKGROUND: The intersection of Parr Road and Settlemier Avenue is being improved to include three lanes, two travel lanes and a left turn lane. Front Street is going to be modified to intersect with Settlemier opposite Parr Road. This will eliminate the triangle of roadways before crossing the railroad tracks. MUTCD states multi-way stops are useful as a safety measure at some locations. With the completion of the construction of the two schools the traffic along Settlemier and Parr Road will increase. Therefore, it is recommended that the intersection of Parr Road, Settlemier Avenue and Front Street be made a four-way stop to allow for safer traffic movements. COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION DIRECTING THAT A STOP SIGNS BE INSTALLED AT THE INTERSECTION OF SETTLEMIER AVENUE, PARR ROAD AND SOUTH FRONT STREET, CREATING A FOUR-WAY STOP. WHEREAS, ORS Chapter 810 grants to the City of Woodburn, the authority to install stop Signs at various locations within the City limits, and WHEREAS, the City Council has received and considered the attached staff report recommending that stop signs be installed to crehte a four-way stop at the intersection of Settlemier Avenue, Parr Road and South Front Street, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That a stop signs be installed creating a four-way stop at the intersection of Settlemier Avenue, Parr Road and South From Street. 10A City Attorney Approved: Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Date Nancy A. Kirksey, Mayor ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. / / IOA / / / $~A'r'rz.~-~,~ AVE ~.97711PIN~ AND AI~NIN~I PLAN MEMO TO: City Administrator for Council Action THROUGH: Public Works Director c:~ct"L(~_~ FROM: Julie Moore, C.E Tech II~ SUBJECT: No Parking restrictions along west side of Settlemier Avenue from Parr Road north to Settlemier Park for purpose of installing 6 ft. bike lane. DATE: August 6, 1997 RECOMMENDATION: It is being recommended that Council approve no parking restrictions along the west side of Settlemier Avenue opposite Settlemier Park to Parr Road for the purpose of installing a 6 ff bike lane. BACKGROUND: Construction of the new schools on Parr Road has requ. ired staffto review the traffic patterns and safety needs along Settlemier Avenue as well as Parr Road. There are certain modifications that are necessary prior to the opening of school and others will be proposed in the future. The current Parr Road improvements will include a bike lane along Parr Road starting at the school property and ending on the church property along Settlemier Avenue unless extended further. The need exists to continue the bike lane along the west side of Settlemier no,th to the park. It also provides safety for children walking on the narrow sidewalks and the bike path could then continue into the park. Setflemier is classified as a minor arterial. The paved width varies along different sections of Settiemier. From Parr Road to Settiemier Park the paved width is 34 ft. and parking is allowed on both sides of the street. North fi.om this point, which is 300 feet south of Maple Street, -the paved width is 29 feet and no parking is allowed on either side of the street. The 1995 Oregon Bicycle and Pedestrian Plan reoommends a standard width for a bike lane at 6 feet. Bike lanes are separated from travel lanes with a 8 inch wide white 8trip0. Bike [alle~ shoed be on oae sidle similar to Hayes street which has functioned at an acceptable level. The proposed plan has been discussed with the City Admini._~rator/Aoting Parks Director and he is in favor of the bike lane extension. Police Chief is also in agreement with the proposal. Therefore, it is being recommended to restrict pattcing on the west side of Setflemier Avenue so.a 6 ft. bike lane lOB PARR RD. KELOW#& BRANDYWiN 1 OB CITY ·.. -..: 2:',ff. MEMO TO: THROUGH: FROM: SUBJECT: DATE: City Administrator for Council Action Public Works Director ~ ~__~ Julie Moore, C.E. Tech III No Parking Restrictions along Parr Road fi.om Settlemier Avenue to West oftbe New Schools August 6, 1997 RECOMMENDATION: It is recommended that Council approve the installation of no parking signs on both sides of Parr Road from Settlemier Avenue west to the end of the new schools. Parr Road is being widened to 39 feet, having two 13.5 ft. travel lanes and one 12 fl. left turn lane, and no extra widening has been made for on-street parking. BACKGROUND: Parr Road is currently being widened to 39 feet to include two 13.5 ft. travel lanes and a 12 t~. continuous center left turn lane. In addition, s/dewalks and bike lane will be installed w/thin the right-of-way. TMs hnprovement is being done in conjunction with the construction of two new schools. Prior to the widening Parr Road had just two narrow travel lanes and no shoulder improvements that allowed any parking along the road. There are no residences w/thin the city limits that access their property from Parr Road, all residences access off local roads intersecting PaLr__P, oad. The 39 i~. street improvement will consist of the three lanes and does not allow for on-street parking. Therefore, it is recommended that council approve the instal!~fion of no parking signs along both sides of this section of Parr Road. 1OD MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Dean Momson, Assistant City Engineer Acceptance of.Utility Easement as part of I-5 Pump Station & Force Main Project August 5, 1997 RECOMMENDATION: That the Woodbum City Council accept the Utility Easement duly signed by the property owner 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 sanitary line at Boones Ferry and Goose Creek. Enclosed is one of the easements that will provide for such an aligmnent. List of signed easements: I. Torres, Leonardo & Torres, Silvia Ascensio Tax Lot # 92290-230 UTILITY EASE~d ENT KNOW ALL IVlEN BY TIIESE PRESENTS, that T-llrf_~C~.~ouardo. & Torres. Silvia Ascensio. husband and wife_ for the consideratioa of One Dollar ($1.00), the receipt whereofl~reby ia acknowledged, plus eight hundred flay ~ (I;850.00) for the value of old shed on the property, plus two hundred dollars ($200.00) for ~arden crops and plants and other valuable oonsiderafio~ to be paid within ~/-five (45) days, hereby do forever ~mnt unto the CITY OF WOODBUEN, a Municyal Corporation of Marion County. Oregon re£e~red to herein as the CITY. · permanent right-of=way and easemem over and nlong the ~ull width and length of the premises aescribed as follows, to wit: t.f~.t y~ity_ .~... t. __b~___dg~__ the wma+~ p~opmy a.~ ~yi~ ,,arm a po~on of mas · ~,. y~.~:,~-z.~y, ~ ~ ~ rage 730, ~ Reel 338 Page Ihl, and Deed Reel 624 Page 215, in Section 7, Township 5 South, Range I West oftbe W'tllamette Meridian, Marion County, Oregon; the easen~ut is n~re particularly descn~ed as follows: Parcel #1 or within Tax Lot No. '92290-230 Besinning at a point which is no~ 8829' 00' west 96.40 feet from the southwest corner oflot #18 of M Home Tracts,_~i~h is ~ southa corne~ of Tax Lot 92290-230 and the point of beginning for this enseme~ thence north 13'21' 00' east, 150.98 feet along the west prope~ line; thence south 88' 29' 07" east 16.36 feet; thence south 13021' 00' ~ 150.98 feet; thence north 88'~9' 00' west 16.35 feet, more or less to the point of beginning. Also, for temporary co~tstr~ction purpose~, be.j~ng at a point which is 88029. 00" west 80.06 feet bom the southwest comer oflot #18 of Halls H~me Tracts, and the point of beginnin8 for this temporat3, ~ thence notch 13.21' 00' east, 150.98 foe~ thence south 88° 29' 07" east 2.80 feet; thence south 78° 12' 34" east, 7.27 fee~ thence suuth 13021. 00" west, 149.66 feet; thence north 88°29. 00' west 10.21 f~et, more or less to the point of beginning Parcel #2 or within Tax Lot No. 92290-229 Beginning at · point which is 150.99 ~ south 13 21~0" ~ and 51.08 feet, south 88 29' 00' ea~ l~om the no~dtw~ corner of lot #18 Halls Home trac~ M~'ion County Oregon; thence North 13 21' 00" e~st, 3.40 ~ ~ south 78 12' 34" east, 18.64 feet; thence north 88 29' 00" east 19.04 feet to the place of be~nn~. Vv-~ the 6.-,ht privilege and ~ty, to ~d City, to construct, n~nt~ replace, reconstru~ remove, a-~d add to, a L[]:H, IT* pipaline or pipefn~, with all appurtensnces incident thereto or neoe~s~try therewith, in, whic~ may endanger tl~ safety or inteff~ wi~ tbe use of said pipdin~ or ~ _ _~_~ or connected therewit~ and the risJ~t ofingre~ and egress to and over said above de~=~ibed premises at any and nil times for the purpose of doin8 anything neoe~s~ or use~ or convenien~ for the enjoyment of the eas~nent hereby ~anted. T~ CITY SHAT:I.. upon each and every occasion that such ~ ~ is consm~cted, maintained. replaced, ~ or removod, or added to, restore the premises of the Grantors, and any improvements disturbed by the ~y, to as good oondition as ti~ were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compens~on. and related ~ and all Y,]:IXY.~ facies shall be at a depth consistent with tbe~e ~ KXCI~I~ON: No s~cture shall be placed within the easen~t, or within 45' projection upward ~,om th~-- bottom of the pipe. ,1997 ) )ss ) Gl IUU City of Woodburn Police Department Ken Wrigbf ~/}// Chief of P~~ Date: August 4, 1997 STAFF REPORT Woodburn, Oregon 97071 (503) 982-2345 To: Mayor and Council Thru: 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 organi:,afions to broadcast programs of music, news speeches or general entertainment. The departmem has received a sound amplification request from the House of Zion Ministries, Inc. They will be holding a christian music concert on the premines of the church located at 438 Ogle St. on Saturday, August 23, 1997 between the hours of 1 pm and 5 pm. The House of Zion has had concerts before and the department received no complaints. Recommendation Allow the use of sound amplification on the above listed d~at_~ and times. IOE cc applicant cAwp51 k:omlciPsmdzion House of Zion Ministries, Inc. Emergency Shelter JUL 3 ! 1997 IOE 7-31-97 To whom it may concern: House of Zion Christian Fellowship is requesting a permit to have 4 hours of live Christian music on the premises of the church on Aug. 23, 1997 t¥om 1-5 PM. The church will be holding a Christian Concert along with other area churches. The people working the sound system will try to keep it as low as possible on that day. For more information please call any time at 981-8042 or 981-9130 and ask for Marta~-cia or Joe Lopez. Sincerely, Marta Garcia House of Zion, Director 1430 E. CLEVELAND WOODBURN, OR 97071 ' Phone: 981-8042 1OF TO: FROM: SUBJ.: DATE: ..MEMO Mayor and City Council Chris Childs, City Administrator ~ Recruitment of Recreation & Parks Director I Re_port on Evaluation of Deoartment Om___m~. !z_etional Structure August 7, 1997 RECOMMENDATION: That the City Administrator be authorized to proceed with the recruitment of a new Director of Recreation & Parks (actual selection process at a later stage will presumably include city council/park board participation as previously requested). BACKGROUND: At a special meeting held on June 16, 1997, it was requested that i evaluate the organizational structure of the Woodburn Recreation & Parks Department and bring a report on my findings back to the city council in 45 days. Recruitment of a permanent departmental Director was to be held in abeyance during this period. The balance of this memo represents the requested report summarizing my evaluation of the department. To develop a baseline from which to judge our own department, I have had extensive discussions with, and obtained considerable background data from, the administrators and managers of at least six similar-sized cities, all of which operate a year-round aquatic center as part of their parks & recreation offering. Three of these cities, in fact, McMinnville, Oregon City and Forest Grove, were included as comparison cities in the management salary study recently .conducted for Woodburn by PC Northwest, Inc. --~. For the greatest degree of clarity, I will present my evaluation in outline fashion to focus on the various different components of the Woodbum Recreation & Parks Department as it presently exists. 1. Administrafign The administrative component of our Recreation & Parks Department Consists totally of the Director position and one full-time clerical position, an administrative secretary, both of which deal with issues and administrative details on a department- wide basis. Aside from seeking greater internal operating efficiencies, options for 1OF Page 2 - Evaluation of Rec. & Parks Organizational Structure (8/7/97) significantly different ways of doing business are limited in respect to this fundamental element of the department. 2. Leisure Service~ Some of the cities contacted offer no leisure services programs, some contraCt with priva[e_..or_ non-profit providers and .others treat this area as literally ~he centerpiece of the~t-P¥ograms. As~with Woodburn, this is'an area in Other CitiesY~here Measures 47 and 50 had varying but significant degrees of impact. I find that Woodburn is almost ideally situated in this area at the present time. One full-time coordinator position can reasonably direct all of the leisure services programs currently being offered. The critical concern is to monitor the workload of this individual to see that his/her time and talent is not stretched too thin as existing programs grow and other new ones are added, or if perhaps the adult programs recently eliminated are someday reinstated. if we reach a point where a significant number of the adult services programs can or perhaps should be reinstated, the department Director will be in an advantageous position to determine whether to simply add staff to work at the direction of the incumbent recreation coordinator or whether to reinstate a second coordinator position that is more specit"~ally oriented to adult programs rather than youth programs. 3. A(]uafic Center As we initially set out to recruit for a new Director, some suggested that the position should be combined with that of the Aquatics Center Manager, In ~'-ve,~.city but one that was contacted, both positions are maintained as separate positions with the obviously different sets of expertise and focus necessary. The administrators and managers I talked to were adamant that such a balance is essential. The exception noted above is a situation where, due to Measure 47/50 impacts, one or the other of the two positions had to be temporarily eliminated. The incumbent Director was in a position to retire, and did so, and the pool manager was appointed as interim Director along with his/her regular aquatic center duties. The city manager reported to me that this has created a nightmarish situation and that the city is scrambling to locate funding to again reinstate the two separate positions. He indicated that the pool manager simply doesn't have the time to do his/her own job 1OF Page 3 - Evaluation of Rec. & Parks Organizational Structure (8/7/97) as well as perform the duties incumbent on the Director's position such as seeking grants and management and oversight of parks, program improvements, etc. In one city contacted, the pool manager also oversees 'other recreation programming and has been accorded department head status equal to that of the individual responsible for parks and facilities. In those cities that do compare organizationally, the Director is typically compensated at a level approximately 30% higher than the pool manager, which is consistent with_th® spread between the two*' positions in the .~W. ,_o~d_burn s~lary Schedule adopted, last November by the city council. It appears from my research that it may be unwise to attempt to combine the two positions, although I agree that it is essential that the new Director have adequate comprehensive knowledge regarding the overall operation of an aquatics center. Councilor Figley previously made an excellent practical suggestion; simply in that possession of relevant background, experience and knowledge of pools be included in the advertisement that is put out for the Director position. One other noteworthy point. All of the cities contacted were uniformly * committed to maintaining a minimum of two full-time personnel (including manager) at their aquatic centers. This is consistent with the minimum staffing level that the Woodburn budget committee felt was essential just for safety considerations alone. 4. Parks MaintenanG~_ Most of the cities contacted have varying sized parks maintenance crews generally directed by a foreman or lead worker, rather than a superintendent-level position such as Woodburn historically has had. In our situation, however, the existing supervisory position's responsibilities actually increased three years ago in taking on the city ~ maintenance function as well as parks maintenan~CU,~- The other cities contacted generally have separate supervisors and crews for facility (public building) maintenance. There is a remote possibility that supervision of our maintenance function could be restructured to a lead worker situation, especially if the facilities maintenance function was removed. Unfortunately, the two tasks do complement each other to a gmat degree and would conceivably result in two different lead workers.r~eporting directly to the Director. A critical issue would become, his/her (Director's) time availability to take on the supervisory-level tasks now performed by the superintendent (ordering, day-to-day personnel direction, budget monitoring, public contact, etc.). This is a decision that is best evaluated and made once our new 1OF Page 4 - Evaluation of Rec. & Parks Organizational Structure (8/7/97) Director has been on board for an adequate length of time to make his/her own independent judgement. ~ One thing that I did find intriguing, and intend to watch closely, is a tentative decision by the City of Sherwood to pursue the contracting out of the park maintenance function. This was a technique that we utilized very successfully when I was city manager at Nyssa, Oregon. The key consideration in that instance evolved aroun_d _the old-adage that 'you get what you pay for"~--when you contract, for- anything. Development of an initial RFP Scope of Work for such an endeavor WOuld unavoidably be ~ trerr~dOUS task. During our recent budget season, I specifically suggested contracting as a possibility to the Parks Board, and it was agreed that staff would check into the feasibility of this. I was later advised only that staff had obtained informal quotes and that "the cost would be prohibitive". Time considerations involved in the budget process did not allow for more specific investigation into this area at the time. Because our 1997-98 budget is already developed and now in place, it is appropriate that the parks maintenance function continue to operate in its current mode for the balance of the fiscal year. However, I intend to closely monitor Sherwood's 'experiment' to determine if something similar can be utilized in Woodburn in the future. The City of Woodburn has followed a fairly traditional approach to offering a full range of both park and recreation facilities and opportunities. This approach complements time-proven organizational structure models that are typical of the park & recreation 'industry'. This is not to say that Woodburn can't do s~-mething differently, and we should be continually vigilant for bona fide opportuni~ to maximize service to our citizenry relative to the fiscal constraints that exist. At this point, the very best thing we can do is to move forward with the recruitment of a new Director; to be able to find an energetic and forward-thinking individual who can devote his or her full time to managing the department as it presently exists and in further evaluating, in greater detail, possibilities for innovation or necessary change. I1A ~/o6/97 A/P CHECK LISTING FOR Tm MONT~ OF JULY 1997 PAGE: 1 Cbec~naberaud~e~~t~ 37341 37342 . 37529 PETTY CiSH-VAHOI~S 3753O S~P~ 37~2 3~3 V 0 3~4 V 0 I D 3~5 3~6 ~p~ 3~7 S~~CE ~8 S~I~-A~ 37~9 375~ 3~91 37592 S~-V~S 37593 S~~ 37594 S~V~S 3~95 3~96 37597 3~ 37~ 37~2 37~3 37~ 37~ 37~7 37~ 37~0 37~ 376~ 37614 37~6 37617 ~618 ~.~ 37~19 376~ VeMor ~ Ve~or Number Cb~ - 0ate ~ritten 0182/7 7./01/97 0200~9 7/0~/97 ~ 7/~/97 0~5 7~/97 ~ 7~/97 021044 7/10/97 V vo~o 7/11/97 7/11/97 7/n/w ~34 7D1/97 ~35 ~5 7/11/97 ~23 7/11/97 ~3~5 7/~/97 ~4445 7/u/97 ~ 7/~/97 ~ 7/~/97 ~U9 7~/g7 onto ~/u/s~ o~ 7/n/97 o~o 7/u/w o~7o 7/u/97 o~7 7/u/97 0~4~ 7~/97 o~o 7/n/w 7~7 7~/~ 014~2 7~7 o~ 7/~ o~oz 7~/~ O~S 7/~/97 0~3~ 7~/97 0~ 7~7 0~34~ 7~7 0~ 7~/97 0~ 7~7 ~ou~t of ~ 5,000.00 1,000.00 197.50 138.97 195.00 30.00 155.00 53.95 175.00 236.94 165.60 125.00 17.63 120.00 136.00 140.85 249.13 311.00 50.00 95.0) 36.32 759.60 125.00 797.19 48.00 72.00 302.00 100.00 14.67 59.9~ 43.20 8,888.42 20,975.43 A/P C~K LISTING PO~ ~ ~ OF JULY 1997 llA PtGE: 2 C~ck#u~r Budgetary Aocountlmber Vendor.la~ ~e~lorlu~ ~-~it~ ~t of~ 37633 S~~ ~ ~G 0~22 7/11[97 24.~ 37637 S~tT~ V~LL~ ~ ~ 0~044 7[t8/97 543.04 37638 VOID ~0 I D ~OI D ~76s9 votv vot~ ~764o vot D VOiD VOID 37641 VOI D VO t D VOIn 37642 VOID VOID VOID 37647 S~~ ~ ~~ ~U3 7/18/97 6.95 37~ ~ ~D~ ~97 7/18/97 40.~ 37653 S~P~ ~~ ~ 7/18/97 345.~ 48,406.38 ~/o~/97 A/P CHEC~ LISTING FOR THE MONTH OF JULY 1997 llA ~ #umber Buckjet~y Ac~t ~ Ved~tor Name 376~ S}~'VIC~,.{~ DUI U3{{DY 011373 37670 · PERJiITS-I~'~LDHi~ ~671 '~~~ ~ ~ ~ ~ 0~1~ 37673 37674 .~C ~ .... ~ ~C ~ 014189 376~ ~-p~ ~ ~~ E P~ ~- 014431 37677 ~~AY~ PANIC ~ ~ ~LY 01~5 37~8 ~p~ ~ { ~IC 01~20 37679 S~VI~-~C ~ R & D ~~ ~ 017~2 37~ S~~C ~ ~F ~ 018~4 37~1 S~VI~ ~ ~Y ~ 0187~ 37~2 S~-p~ ~ ~ ~TI~S 0~5 37683 ~{AT~ ~ ~ ~E 021140 37684 ~~AT~ ~ ~ 0~2 37~5 S~A~ WAT~ ~ ~ 0~70 37~ ~~ ~ ~ ~ 0~1~ 37~7 ~~C ~ ~ ~ ~ 0~454 37~ ~E ~RL[ ~ ~ ~ A~ ~ 0~7 37~9 ~~C ~ ~ ~ 0~630 376~ ~.Y~V~ ~ ~ ~LY 0~70 3769~ P~ ~g ~ ~70 37692 S~~ 37693 ~ ~'V~ ~ ~ ~ 0~5 37694 ~0 I D VOI D VOI D 37695 V 0 I D V 0 [ D V 0 I D 37697 37698 ~p~ 376~ ~ ~~ ~ ~ ~ ~C ~34 Vendor Number C~eck - ~ate Written 7/18/97 7/18197 7/U/97 7/18/97 7/18/97 7/18/97 7118/97 ~/18/97 7/18/97 7/18/97 7/18/97 7/18/97 7/18/97 7/18/97 7/18/97 7/18/97 7/18/97 7/18/97 7/18/97 7/18/97 7/18/97 7~8/97 7p,/97 7/~/97 7/~2/97 7/24/97 7/24/97 7/24/97 7/24/97 7/24/97 7/24/97 7/24/97 7/24/97 7/24/97 7/24/97 7/24/97 7/24/97 7/24/97 7/24/97 7/24/97 7/24/97 7/24/97 ~aount ~ C{~ck 1,020.00 67.25 6,2S1.20. 71.74 19.95 175.00 4~579.80 165.00 19.50 273.76 315.07 13,576.50 22,0§2.35 9,382.67 42.44 88.28 82.50 25.00 204.48 805.00 1,727.32 437.25 78.94 32.36 625.32 140,§1 138.95 187.50 260.00 320.00 40.00 188.32 7.00 60.00 1.17 30.00 14.00 765.00 85.00 172.79 312.00 31.20 141.26 6.95 113,426.71 8/06/97 A/P CHECK LISTING FOR THE MONTH OF JULY 1997 llA PAGE: 4 37714 37715 37716 T~/17 37718 37719 37720 37721 37722 37723 37724 37725 37726 37727 37728 37729 37730 37731 37'/32 37';33 37734 37735 37736 37737 3773~ 37739 37741 3';742 3/743 37744 37745 37744 37747 3774~ 37749 37750 37751 37~3 377~ 377~6 37757 37759 l~dgetary Account Number Ved~tor ~ame SUPPLIB~-LIBRARy SUPPUES-WA?ER RF~~POBLIC ~~Y VOID VOID Vendor Number (~ - Date Written AWWA IW ~ ~BCT ~3 7/24/97 ~ ~ ~ ~1631 7RqW ~ ~ ~ ~ D~ ~18 7/24/97 -- ~'P~ ~C ~163 7/24/~ F~ F~ ~ .... ~V 7/2{/97 ~ ~ ~ ~7033 7/24/97 C.J. ~ ~ ~ ~7~5 7/24/97 ~ ~FIC & T~Y ~7189 7/24/97 I~ DI~ ~ ~8116 7/24/97 J~ ~ ~C ~119 7/24/97 ~ ~ & ~ 01~30 7/24/97 ~ ~S~ ~C 01~35 7/24/97 P~ N K~ 010~5 7/24/97 ~ ~ 01~8 7/24/97 ~ ~~ 0H370 7/~4/97 ~ ~'S ~ST Oln~ 7/24/97 ~ ~ on448 7/24/97 ~T'L ~IC ~I~ 013~ 7/24~7 ~ 013198 7/24~7 { { ~ 0143~ 7/24/97 PArC ~ ~ WAT~ 0~9 7~4~7 P~ ~ 0~8 7~4~7 ~~ ~Y ~ ~ 0~551 7~4~7 R & R ~ ~ ~ 017~3 7/24/97 ~ ~ {~ 017~ 7/24~7 S & S ~ 018017 V/24~7 { ~ 01~1 7/24/97 { ~ O1M19 7~4~7 ~ { ~ 0~ 7/24~ ~ ~ ~ o~ ~ { ~ 0~35 7~4~7 ~ ~ ~ 7~4~ ~ ~ ~ 7~/~ V~U~ mn.~ ~ ~4 7/24~ VOID VOID VOID VOID Aloth'lt of (~3c~k 40.00 218.26 63.95 477.75 554.20 96.00 175.00- 45.00 49.95 640.00 646.84 116.06 292.32 42.15 59.88 25.00 27.80 14.12 170.00 1,152.66 13.90 16,399.75 11.50 36.00 24.75 115.91 19.95 1,693.85 175.00 237.75 52.00 136.00 432.84 44.66 74.00 10.20 34.00 41.75 382.35 367.04 400.00 139,531.85 8/o~/97 A/P O{EO[ LISTIIJG FOR THE ~NTH OF JULY 1997 llA PAGE: 5 Check Number 3776O 37761 37762 37763 37764 37765 37766 37767 37768 37769 37770 37771 37772 37773 37774 37~5 37/76 37777 37778 37'/79 3778O 377N1 37782 377N3 37784 37785 37786 37787 37789 37790 37791 37792 37793 37794 37795 3779~ 37797 37798 37799 37800 3780,1. 37802 37803' 37804 Budgetary Acoount Mumber vendor #ame vendor Number ILILI~S MA}IUF SALES llOllg GEOR~ B~J~IHH NONE FAIRWAY Iai{ NOTEL NOllE WILLAII]~"I'E VU~.~ HOMES NONE PEtE O{ERI{I~OFF lg)NE H~ MID CITY FORD la)liE HILLY~RS Mil) CITY FORD MOWE WILL ]~AK WE 1997 ~ WO{~K$~{OP NOI{E GER~I FOC~ WONH 2LU~{~ ~:X)I~O{2ICU~ PgST (X)lrlq~)L 000165 { {]14]]~43144 Sl~{V](21:S IlIC (X)0534 A~ & ? OO0423 Bi~-~-l~b~C ]~C 0O12OO BI-I{U~ ~IO~ oo127s ]{{KXI]{ & (:~U~IE123 001573 C{21~l. OO2478 CI~ OF SAL~ ~ ~ 0O2518 ~ ~ SOOTH INC 00~18 FAMILI~ RW 006O30 FU~ PLAM 0O5O62 -Date Written Amount of Check 7/24/97 31.39 7/31/97 7.45 ?/3t/97 14.90 7/31/97 1.00 7/31/97 51.oo 7/3~/97 50.09 7/!!/97 27.65- 7/31/97'' _ _. 59.64 7/31/97 68.13 7/31/97 44.85 7/31/97 3.30 7/31/97 67.70 7/31/97 45.63 7/31/97 7.45 7/31/97 26.59 7/31/97 100.34 7/31/97 120.00 7/31/97 85.00 7/31/97 24.95 7/31/97 15.00 7/31/97 574.44 7/31/97 173.00 7/31/97 318.83 7/31/97 58.99 7/31/97 195.00 7/3~/97 18L49 7/31/97 286.80 7/3~/97 12.00 7/31/97 524.82 7/31/97 409~625.38 7/31/97 1~012.99 7/31/97 _ 1~.4o 7/31/97 '~--::- 50,486.19 7~/97 35.4)0 7/31/97 lB0.00 7/31/97 16,023.4)0 7/31/97 ' 90.33 7/31/97 1,500.40 7/31/97 3n.9o 7/31/97 27.45 7/31/97 21~837.0! 7/31/97 175.00 ?~1/97 432.89 7/31/97 638.40 7/31/97 241.58 646,015.46 8106/97 A/? C]{EO( LI$?IMG Fi3{{ ~ MONTH OF~13L¥ 1997 llA PAGE: 6 Number Bua~jet~ry Aooount Iluml~ Vendor Wame 37806 37807 37808 378O9 3781O 37811 ~-~ 378~ 37813 ~-V~ 37814 ~-~CE 378~ 37816 ~I~ 37817 37~18 ~~p 37819 ~P~-~LICE 378~ 37821 T~ ~Y~-~ 37822 37823 37824 37825 37826 378~ 378~ ~~C 378~ 378~ 3~31 27832 ~~ RILL 37833 S~~S 37834 37835 37836 37~7 37~ 37N~ 378~ 3~3 ~~C 3~44 37U6 37U7 37~ ~A~ 37851 Vendor Wumber C~eck - Date Written FLIIIY~I~ INC 005178 7/31/97 sol{ m~~ 005197 7/31/97 I{I)FOW[~O)I~ 005210 7/31/97 F~I~[~I:(~(X)I{I~?IOW . 005254 7/31/97 FOYOIU~IC 005258 7/31/97 G.K. ~ 006009 7/31/97 O::)W~O~IC~ 006270 7/31/97 OW li:A~14~" 006405 7/31/97 -'- liAIIRI~~ 00~050 7/31~7 _i{I~__.FRIC~ ll{~]HII~O0 007122 7/31/97 apc sc~Y~F~c & TBC~LOGY 007189 7/31/97 ~YDRO~I me o07350 7/31/97 [~lit~.WIl~CO 008075 7/31/97 IKOW OiTICESOU~ONS 008119 7/31/97 IS(30 IlIC 0083?0 7/31/97 JOB Sl{OPPi~ IlqC 009119 7/31/97 L & L BOI~~I~ 011010 7/31/97 I~U{D~ & ~t ~ 011032 7/31/97 I~UR~Ei~C~{30#PAIP/ 011175 7/31/97 LI]{IISIIIII[I{~ 011240 7/31/97 {~{~{]I]{{]I{T(X) 0112.50 7/31/97 ~CIIMte~LCO OLt2~5 7/31/97 l{~}~Yi3l{{(IaIltE 012087 7/31/97 IIU~(){ ~I~:~{{~['~,SEIIVICEH 0!}227 7/31/97 ~~ rU{M 012475 7/31/97 ll{2{{~Y~,~l~~~ 013225 7/31/97 ilOll~l{4[[~~~O 013275 7/31/97 ~ll},?l}l~ C4S 013350 7/31/97 OI{~0~~(II, IAB 014107 7/31/97 (l{{R~l'~2ll& P41~ 014431 7/31/97 PACT]ICImliI~T~ 015058 7/31/97 PAI2~I~' Oim 0[{:~3il 015101 7/31/97 PAI~'~ ~ ~ $1~'V 015175 7/31/97 I~-(X}{I (X) 015225 7/31/97 l{,~m~{~cco 015340 7/31/97 PII3II~E~,K~{{OI{IC~ 015345 7/31/97 POi~'~I'i~.~'?ROM~ 015446 7/31/97 & O (3{3{{{{{~(~ ]]lC 017002 7/31/97 llU)IlO3~{2~lYI~ 017035 7/31/97 HISg (21ri',/~l{m ]]{C 017314 7/31/97 [{:}'/~ Ill~[{]li[~ (X)RP 017352 7/31/97 "~hmi~i[llli{{~(X) 018020 7/31/97 l~l~{iil~i'l~C~l?l~ Old:NO 7/31/97 · ~WI~&~m~(2~l~ 018405 7/31/97 g~~ 018450 7/31/97 ,.~ATI~(301~10mI(Ii, ION.S 018522 7/31/97 Amount of 596.70 60.00 183.60 621.50 51.39 6~.39 102.50 1,162.52- 93.~ 158.02 199.09 590.40 135.{30 427.35 175.O0 97.44 90.14 541.00 200.00 229.10 88.29 355.80 107.00 24.40 464.25 36.44 303.33 L5.67 1,433.O0 249.{)0 82.05 15.90 101.75 467.]L5 289.~ 4.92 132.9{) 3,823.52 224.75 24.15 39.39 845.00 381.64 409.23 93.50 195.45 662,006.97 81o6197 A/P CflEC[ LIS?I~ FOR ~E ~ OF JULY 1992 llA PAGE: 7 Ct~ck Number Budgetary Account ~umber Vea4or #aae 37852 SlllNI~C Iffii~KS SOOYIIBIti PACIFIC RKIUKI~ 37853 SI~NI(~-P[All}II~ ~ ~ ~ ~5 ~V~ ~ J ~ ~ 3~7 ~!~ ~:~ ~N OIL 3~ S~-V~ ~ D~ ~ 378~ ~V~S H~ ~ ~ 37~1 - -~~ .... ~l~ ~ ~ 37862 S~-V~S ~[~ ~ 37863 ~-P~ ~ F~I~ 37864 S~I~ ~ ~~ 37865 ~-V~S ~ O~I~ ~Y 37~7 ~ ZEE ~I~ S~CE ~ ]7868 ~~-~ ~A ~ 37869 ~~~ L~ ~ ~E 37870 ~~~ V~ ~ 37871 ~~~ ~ ~ ~7872 ~ ~ ~ 3~73 ~~ JAY ~ ~7875 ~~ ~ ~ 37876 ~~ ~ j~ 378~ ~~ ~ 0~ 3~9 ~ ~ P~IS 37~ ~D~ ~ ~ 37~3 ~D~ ~ ~ Veador 018619 018693 019060 019100 019136 020010 020020 020O95 0~2035 022070 022445 02259O 022630 0226'/0 022708 025070 035010 03.5465 035583 0356].5 035648 035763 045315 045350 O45497 0455OO 045512 045525 045545 045555 llulber check- Date ~itten 7/$1/97 7/31/97 7/3x/97 7/31/97 7/32/97 7/n197 7/31/97 7131197 7/3]./97 7/31197 7/31/97 7/31/97 7/31/97 7/31/97 7/31/97 7/31/97 7/31/97 7/3[/97 7/31/97 7/31/97 7/3~/9v 7/31/97 7/31/97 7~1/97 7/31/97 7/31/97 7/31/97 Aaount of Check 265.44 90.10 584.87 225.80 382.79 43S.45 44.24 _108.87 .. 90.00 570.44 345.74 27.50 127.07 90.00 58.60 35.00 35.00 15.00 13.00 19.20 45.00 127.75 64.25 17.50 115.50 11.75 34.25 152.50 8.75 31.{30 674,939.83J Community Development MEMORANDUM 14A Date: July 9, 1997 Mayor and City Council Chris Childs, City Administrator From: Subject: Planning Commission .... Subdivision 97-02, Site-Plan Review 96-21 At their hearing of 24 July 1997 the Planning Commission approved with conditions, a six-lot subdivision and site plan for a Hollywood Video store for the North Park Plaza Shopping Center located on the northwest corner of Highway 99E and Hwy 214. Applicant: North Park Plaza Tenancy-In-Common 15015 Main Street, Suite 203 Bellevue, WA 98007 Owner: Joseph Freed, Benjamin H. Werber, Anne Werber, Nat Franklin, and Mark C. Wolf 15015 Main Street, Suite 203 Bellevue, WA 98007 II. III. Nature of the Application: The applicant is requesting approval of the subdivision of a portion of Block 1, Walilale Home Tracts into 7 lots (North Park Plaza Shopping Center). (See Attachment A) The applicant is also requesting site plan review approval for the constna=iion of.a_6,521 square foot video rental/sales store in the North Park Plaza Shopping Cente .K--Z. ot #5 is the proposed location of the video rental/sales store. (See attachment A, A1 an~ B) Relevant Facts: The North Park Plaza Shopping Center is located at the comer of State Highway 99E and Mt. Hood Avenue. The property can be identified specifically on Marion County Assessor Map T5S, lW, Section 8A, Tax Lots ~3900 & ~1000. The area of the parcels is 10.20 acres with the subdivision taking place for tax purposes. The North Park Plaza facility even with the video store still ex~cds the plaza's parking and landscaping requirements. SG/njm Ill o m T 0 :::0 0 14A ! ] 4A Community Development MEMORANDUM 14B Date: To: From: Subject: August 5, 1997 Mayor and City Council Through City Administrator Planning Commission Site Plan Review 97-08 - Chu's Eatery Addition' On July 24 the Planning Commission meeting acknowledged and approved with conditions the expansion of Chu's Eatery. I. APPLICANT: II. Peter C.L. Chu 1390 N Pacific Highway Woodbum OR 97071 NATURE OF APPLICATION: The applicant is requesting site plan review approval for a proposed 2,118 square foot lounge addition. The property is located at 1390 N. Pacific Highway, Woodburn and is zoned CR - Commercial Retail. The property can be identified specifically on Marion County Assessor Map T5S, RlW, Section 8DB Tax Lot #2700, Account #-42661002. II1. RELEVANT FACTS: The intent is to build a 2,118 square foot addition to the southeast side of the building adjoining the two banquet rooms and existing lounge. See Attachment & Ii. The proposed floor and roof structure will be wood framed to match the existing-~- structure, with the exterior wall constructed of concrete block to control sound. The applicant states that "the [proposed] addition will be spdnklered throughout to match the existing building.' Access to the property will remain unchanged. 8G/njm cc: City Attorney .......... 14B · I '1 14B Community Development MEMORANDUM Date: July 9, 1997 To: Thru: Mayor and City Council ' Chris Childs, City Administrator From: Planning Commission Subject:. Site Plan Review 97-09 and Conditional-Use 97-02 Telecommunication Tower Collocate At their hearing of 24 July 1997 the Planning Commission approved with conditions PageNet's proposal to collocate i.e. use an existing telecommunications tower to place three antennas. 14C Applicant: PageNet dba Paging Network of Oregon, Inc. c/o John DeCoste 500 NE Multnomah, Suite 400 Portland OR 97232 I1. Property Owner and Location: Budingham Trust, Inc. c/o Bdce Investment Realty Corp. 2780 Progress Way Woodbum OR 97071 III. Nature of the Application: Telecommunications three whip type omni directional antennas on an existing tower owned by Onecomm dba Nextel, by virtue of a lease between them and the o_~3ers of the Budingham Trust property. (Attachments C and D) --~:. IV. Relevant Facts: On February 10, 1997, the City Council adopted, by ordinance, telecommunication facilities regulations that control the placement and zoning district in which these towers can be placed. Under Section 3, Melfmd of Review it requires that new telecommunication facilities be reviewed as a conditional use in addition to meeting specific criteria. Those criteda are outlined in SectiOn 4 of the telecommunications ordinance. The applicant has met the requirements as established in the telecommuni~s ordinance and those required by the Woodburn Zoning Ordinance relative to the conditional use and site plan review process. SG/njm EExhibi( {~ ( [he" Prernise.~") 14C The !ocalion of [he Premises within the Properly is more particularly described dr depicted as follows: ELIMINARY EXHIBIT 'B' FOR WOODBURN TO BE REPLACED. BY ACTUAL SURVKY WHEN RLINGHAM SITE H~ ,~.~/,, :SC.F..~.-.-.-.-.-.-.-.-~ I'vf.,sa. ,~cc...'~. ~ ~.~ ~ "o .-- ~'~ORO BURLINGHA~ SITE COIvIPLETED / / , 14C 15A MEMO To: From: Subject: Date: City Administrator for Council Information Randy Scott, CE Tech IIL Through the Public Works Director. Status Repoit, Parr Road LID Street Improvement August 6, 1997 Status of Parr Road Improvement Contracts. CONTRACT "A" ( Storm Sewer Work) The Construction on the last 250 feet of the storm sewer is again under construction, the utilities in conflict have been adjusted to provide for the installation. As indicated in the previous information to council, the extended time required to install the storm sewer will not delay the completion of the street surface improvements. CONTRACT "B" ( Street Work, Including Sidewalk and Bikepaths) The contractor for the street, sidewalk and bike path improvements has installed the major portion of the bikelane on the south side of Parr, the curb line on the North side and of this date, is preparing to install curbs on the South side. A portion of the curb on the West side of Settlemier has also been poured. A concrete surface of either the sidewalk or bikepath will be completed to provide for pedestrian traffic along both Parr Road and Settlemier to the new school prior to the start date. City of Woodburn Police Department 270 Montgomery St: Ken .Wright/~ Chief of Po~c~ To: Ma~or leet ) and Council STAFF REPORT Woodburn, Oregon 97071 (503) 982-2345 Date:August 5, 1997 Thru: C. Childs, City Administrator Subject: Nuisance Enforcement It has come to my attention that many of us observe city ordinance violations and do not notify the agency or department immediately for action to by taken. If we, police, do not know about the violation we cannot respond. In partnership with other city departments, the police departments we have a system in place that through trial and test has been proven to work effectively. Recently, it was brought to my attention of violations concerning line of sight hazards. In both cases the sight hazards were over grown shrubs on property obscuring the vision of motorists. In both instances the department contacted the property owners who immediately removed the shrubs or trimmed them to remove the hazard. While the police assign foot patrols to the parks police officers are not always able to observe all the violations. In partnership with the parks director Ordinance 2060 was passed by the City Council to expand the authority of parks employees to issue citations for parks violations. This has provided additional enforcement of park ordinance violations. If you see or hear of a violation you need to contact the city department that would handle the violation. Most often it will be the police department. You may call the poliee-'-btminess number 982-2345 and provide the information to the person answering the telephone. T~ call will then be assigned to the depatlment or officer for respon~ and resolution. The public works department has a Service Request system that is effective and a good tool. *attached. Should you wish, you may fill-out this form and drop it off at either the police department or Public Works office. As you recall, the Council approved the Differential Patrol Response (DPR) program in 1992. This program of prioritizing calls has proven very effective and assures that response to ordinance Violations will occur in a orderly fashion. With your immediate and diligent reporting of violations we will all be more effective. C:\wp51 ~,CouncilXauisance 15B Caller's Name/Phone #: o~,x~ v x~..~5 ~J~t,~tJl~.~ 1 PUBLIC WORKS DEPARTMENT CITY OF WOODBURN Caller's Address: PROELEM A DORESS: Re.quest taken bY: Date/Time: ACTION BUILD'G' SEWER WATER GROUP: ENGRG STREET OTHER PROBLEM: ADDITIONAL COMMENTS: Problem has been corrected YES NO If YES, no explanation is necessary but please fill in following: No. of persons Combined hours spent Equip. Hours - Additional comments -- o__[r if problem has not been corrected, Drawing (if needed) please explain: Action taken by: Date: Forward White copy to P.W. Office after taking request; forward Yellow, Pink and Green copies to Action G~oup. Yellow copy is retained by Action Group and Pink and Green forwarded to P.W. Office. SRFMg9 ? TO: FROM: SUBJECT: DATE: Community Development Director Bob Arzoian, Building Inspector Building Activity for JULY 1997 August 6, 1997 1 5(:: New Residence Value Muld F~nily Reaidential Adds & Alts Commercial Value Signs, Fences, Driveways Mobile Homes JULY 1995 No. I29LLA2,_Al~ 6 $1,101,263 14 716,400 13 213,507 0 0 5 377,016 6 12,080 6 233,000 JULY 1996 No. I2D~LAILAh~ 8 $ 837,294 0 0 14 I22,572 2 657,250 2 9,500 5 8,295 4 179,000 JULY 1997 No. IZQI,I,A2~ 1 $121,300 0 0 16 145,044 0 0 3 2,791,000 9 16,828 9 357,000 50 $2,562,266 35 $1,813,911 38 $3,431,172 July l-Juae 30 Fiscal Year-to-Date $1.813.911 $3.431.172 Robert Arzoian Building Official RA:njm 81gd797