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Agenda - 08/25/1997e o 0 AGENDA WOODBURN CITY COUNCIL AUGUST 25, Lq~ - 7:00 P.M. City of Woodburn 270 Montgomery Street * * * Woodbum~ Orel~on 97071 CAI JL TO ORDFR AND FLAG gALUTE A. Council minutes of August 11, 1997 regular and executive meetings. 3A B. Planning Commission minutes of July 24, 1997. 3B C~ Recreation and Park Board minutes of Juue 10, 1997. 3C APPOINTMENTS/PROCLAMATIONS APPOINTMF. NTS p2qNOUNC~MENS~ A. Sunday Library hours beginning September 7 - 1:00 - 5:00 p.m. B. Temporary closure of Aquatic Center for annual maintenance (September 1, 1997 through September 21, 1997). C. LUBA Remand Hearing: (LaPo~ site plan) - September 22, 1997, 7:00 p.m. PROCLAMATION COMMYFI~F~ REPORTS A. Chamber of Commerce B. Other Committees COMMUNICATIONS A. Memorandum from Council of Governments. 6A BUSINESS FROM TIlE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) PURLIC IqEARINGS A. Woodburn Comprehensive Plan changes regarding Water and Wastewater Plans. 8A Page 1 - Agenda, Woodburn City Council of August 25, 1997. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. TABLF~D BUSINESS A. WDA request for removal of trees on Front Street B. WDA request for parking restrictions. GENERAL BUSINESS A. B. C. De F. G. H. I. J. APPROVAL OF CLAIMS PUBLIC COMMI~NT NEW BUSINF~S Council Bill No. 17-58 - An ordinance increasing the local gas tax. Council Bill No. 1820 - Resolution urging special Legislative session. Council Bill No. 1821 - Resolution entering into an agreement with Salem Transit District for Special Transportation Fund Agreement for PT 97-98. Council Bill No. 1822 - Resolution entering into local agency fund exchange agreement for improvement of railroad crossing at Boones Ferry Road. Acceptance of utility easements in conjunction with Centennial Subdivision. Acceptance of utility easement as part of I-5 pump station & force main project. Contract award: exterior painting of water tower. Contract award: I-5 pump station upgrade & force main. Request for sound amplification permit. Possible garbage franchise fee increase. SITE PLAN ACTIONS/INTI~RPRETATIONS/SUBDIVISIONS A. Planning Commission interpretation of Sign Code. B. Subdivision g97-03/Minor Partition/~97-08, Paulus Estates. STAFF RRPORTS A. Proposed Marion County gas tax. CITY ADMINISTRATOR'S REPORT MAYOR AND COUNCIL REPORTS EXECUTIVE SESSION A. To conduct deliberations with persons designated by the governing body to negotiate real property transactions under the authority of ORS 192.660 (1)(e) 10A IOH lOI lOJ 14A 1SA Page 2 - Agenda, Woodburn City Council of August 25, 1997. ' · 3A TAPE RF~ADING OOZO OOZO 0060 COUNCIL MEETING MINUTES August 11, 1997 DATE. COUNCIL CHAMBERS, CZTY H~LL, CITY OF WOODBURN, COUNTY OF M~I~ZON, BTATE OF OREGON, ~UGU~T 11, 1997. CO~D, The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. a0LL C~LL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Absent 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, Library Director Sprauer, Public Works Manager Rohman, Park Maintenance Supervisor Pitt, Finance Clerk Deen. MINUTES. -- Jennings/Figley...Approve the regular and executive se~ion Council meeting minutes of July 28, 1997, and the Council workshop minutes of August 4, 1997. The motion passed unanimously. Mayor Kirksey appointed Dorothy Senatra, 1600 Country Club Circle, to serve on the Recreation and Park Board, with the term ending December 31, 1999. Jennings/Figley...Motion to approve the appointment of Dorothy Senatra to the Recreation and Park Board with term to expire December 31, 1999 - The motion passed unanimously. Preston Tack, 2197 Camellia Way, accepted the appointment for Dorothy Senatra, as she was unable to attend the Council Meeting. ANNOUNCEMENTS. A Public Hearing on the proposed amendments to the Comprehensive Plan regarding wastewater planning issues will be held on August 25, 1997 at 7:00 PM in the Woodburn City Hall Council Chambers. TAPE READING 0101 0275 0323 0375 0395 COUNCIL MEETING MINUTES August 11, 1997 Ca~aBER OF COMaERCE ~EPORT. Scott Cummins, Bank of America, addressed the Council on behalf of the Chamber of Commerce Board and stated that the Chamber After Hours would be held atWoodburn Carcraft on Thursday, August 14th, at 4:30 p.m.,~and the Chamber Forum would be held at the Woodburn Medical Center at noon on August 20th. He also introduced the new Woodburn "lure" brochure, which the Chamber has recently published. Tom Waggoner, 849 Woodland Avenue, asked to read his memo to the City Administrator concerning the beautification of the Woodland median strip, asking Council's help in preserving the median when Woodland Avenue is widened to accommodate the traffic signal on Highway 214 and Woodland. He invited Council to visit the site. Councilor Pugh also urged the Council to visit the site. Mayor Kirksey set the site visit at 6:00 p.m. August 25, 1997, immediately before the Council meeting. Mr. Wagner also expressed praise to Parks Maintenance Supervisor Pitt for keeping Woodburn's parks in good shape. Marily~ --~- .Christ (no address g~ven) ag~res~ed the Council with remarks concerning her reli~lous beliefs. TABLED BUSINESS. COUNCIL BILL ~758 -ANORDINaWCE INCURRING LOCA~ ~8 T~ Jennings/Pugh...Motion to remove Council Bill 1758 from the table in its original format. The motion passed unanimously. Jennings/Pugh...Motion to amend Council bill 1758 and request Staff to update the'ordinance with current dates and current information and to present for Council consideration at the next Council meeting. City Administrator Childs questioned the Mayor for c~ariflcatlon that the Council is considering puttlna Council B~ll 1758 on the ballot for the November, 1997 election. Mayor Kirksey stated the issue would be on the November, 1997 ballot. Councilor Jennings reminded .the Council that the bill must be adopted bythe Council bY the A~gust 25, 1997 council meeting, and.that %hi~ time lin? would give staff just two weeks to revise the b111 and bring it up to da~e, however, he suggested discussion of the issue be held at th~s meeting. The motion passed unanimously. 3A Page 2 - Council Meeting Minutes, August 11, 1997 COUNCIL MEETING MINUTES August 11, 1997 TAPE READING WOODBURN DOWNTOWN ASSOCIATION REQUEST FOR REMOVAL OF TREES ON FRONT STREET. No action.was taken by the Council to remove this item from the table. WOODBURN DOWNTOWN~SOCIATION REOUEST FOR PARKING taken by the Council to remove this the table. item from 0450 0478 05 7 0543 0590 COUNCIL BILL ~8xg - ~ RESOLUTION DIRECTING PLACEMENT OF STOP S~NS ATT HE INTERSECTION OF SETTLEMXERAV~NUE, PARR RO~D~%ND Councilor Sifuentez introduced Council Bill 1819 and Administrator Childs read the bill by title only since there was no objections from the Council. On roll call vote for final passage, .the bill passed unanimously. Mayor Kirksey declared the bill duly passed. NO PARKING RESTRICTION ON WEST SIDE OF SETTLEMIER AVENUE FROM PARR ROAD NORTH TO SETTLEMIER PARK FOR INSTALLATION OF BIKe. LANE. Fx--i~y/Je_nnings...Motion that Council take no action at the present time. The motion passed unanimously. Counci%or Figley prefaced her motion be stating th. at_she is in the ne%ghborhood 9ffected by the no park%ng restrictions and the neighborhood Is opposed to the restr~c%ions. She .st~ggested that Public Works Director Tiwari have a me~ting wi[th the ~neighborhood about the issues of concerns.' NO PARKING ON BOTH SIDES OF pARR ROAD FROM ~ETTLEMIER ~VENU~. 0 E SCH . . JENNINGS . c~l approve the ~nstallation of no parking signs on both sides of Parr Road from Setttlemier Avenue' to the west end of the new school. The motion passed unanimously. ACCEPTANCE OF UTILITY EASEMENT AS PART OF I-5 pUMP STATION~ND FORCE MAN R . Jennings/Figley...Motion ~o accept the utility 9asement as par~ of the I-5 pump station and force main pro3ect. The motion passed unanimously. AMPLIFIED MUSIC REQUEST FROM THE HOUSE OF ZION Counci%or Jennings stated some concerns about loud music amplification disturbing Woodburn Citizens and the possible need to have some restrictions when granting these requests. Jennings/Figley...Mgtion to grant the amplified_music request from the House of Zion. The motion passed unanimously. aECRUX RECa J, TXON PARXS DIRECTOR/Rm'OR ON E V UATXq ?AR DWART OR.G .XZ T O STRU. mtE. ~ings/~i~ey...~o~on ~o nave ~ne.c~y Administrator be au=nor~zeo =o procee~ with the recruitment of a new Park and Recreation Director. The motion passed five to one, with Councilor Pugh voting nay. 3A Page 3 - Council Meeting Minutes, August 11, 1997 COUNCIL MEETING MINUTES August 11, 1997 TAPE READING 9760 0792 Councilor Pugh addressed Administrator Childs stating his concern that the written documentation contains nothing about marketing responsibility and that h? felt it should be . included. He stated that he would like to go on record stating that he feels that in order to avoid problems the marketing decision has to be the Park Director's basic responsibility and not that of the pool supervisor. Administrator Childs questioned whether Councilor Pugh was referring to independently engaging the services of a marketing firm, and stated that th~ City has done so in regard to the aquatic center. Councilor Pugh stated he was referring to the lack of a marketing plan e.xpected from the pool organization and he stated he felt this should be the responsibility_of the Park and Recreation Director, and not the pool supervisor. Administrator Childs stated that he felt that there were some things that were inherent in a magagement-level job and the document was not intended to specifically discuss the jOb description of the Director, but.simply, as requested, to evaluate generally the organizational structure of the department. Mayor Kirksey questiOned Administrator Childs.whether the council will be able to examine the job description before recruitment is begun. Administrator. Childs stated that ~he job description i~ th~ same as was given to the Council in the June Workshop, and as indicated in the memo, it would be appropriate in the recruitment announcement to specify that the applicant have an adequate knowledge of aquatic center operations. ~.Ap prove Claim $37341 - 37883 issued for the month of July 1997. The motion passed unanimously. PUBLIC COMMENT Layton Frawley, 1243 Willow Avenue, expressed.h$s appreciation for the excellent clean-up done at French Prairie Middle school field after last weekend's soccer matches. Mayor Kirksey stated that there were about 600 so¢¢.er players in Woodburn over the weekend, and that she too was impressed with the orderliness of the group. Ron Halter, _ 16700 Arney Road, spoke on behalf of the Gasoline Dealer..s.Association of Woodburn. concerning the Dealers· oppos~=~on to the proposed gas tax. He thanked the Council and the staff for the%r past efforts put forth on behalf of the citiz.ens to be fair.and evenhanded, but stated that at the pres.ent tl.me~ the gasoline dealers of Woodburn are not being =rea=ed fairly. He stated that the proposed.gas tax would be catastrophic to the .dealers and urged Coun.cll to let the Governor have more time to enact a state-wide gas tax. 3A Page 4 - Council Meeting Minutes, August 11, 1997 TAPE READING ~235 1355 1406 ~507 1597 1715 COUNCIL MEETING MINUTES August 11, 1997 Councilor Figley stated that perhaps the representatives from Woodburn need to be confronted regarding the issue. Councilor Jennings suggested the Council pass.a Resolution urging t~e governor to convene a special session to take on the transportation issue. wx= o~ ,ooumurn =o care rot ana protect the assets of their City, and the upkeep of the streets and roads are part of those assets. Councilor Chadwick commented that gas prices were much lower }~ .th~.egst~rn part of the state than in the Wood,urn.area and =ng= 1= is aifflcult to understand the discrepancies in prices. Mr. Halter stated that he wanted to ask the Council again to reconsider, as the three cent tax would take 1/3 of the Dealer's profit. Marc Nelson of 293 N. Pacific Highway.spok? in defense of local legislators and noted possible Inefficiency and poor ~d~emen~ ~gmetimes used by ~he Oregon Departmen% of ~ranspor~a~lon. ~_F~__IN~S~?UGH:--Motien ~hgt.~he ~ouncil.reqyest ~taff to.draw {e~o~!o9 ~o our leglsla~lve aeleqatlon in this district ana =o nne Governor, s~rongly suppor~ing a specialsesslon of-.. _t~.e legislature ~o re~%ew the gas tax issue. The mo~lon passed unanimously. Mg~gr Kirkse~_state~ that when the resolution is passed, she w111 personally sgna copie~ =o all mayors in the s~ate to ~ncou~.age their city councils to also send resolutions to the ±egisla=ors and the governor. SITE PLAN ACTIONS A. Subdivision 97-02; Site Plan Review 96-21 (Hollywood Video): No action was taken by Council on this site plan. B. Site Plan Review 97-08 - Chu's Eate.ry addition: No action was taken by Council on th~s site plan. C. Site Plan Review 97-09 and Conditional Use 97-02 - Communication Tower: No action was taken by Council on this site plan. STAFF REPORTS. A PARR ROAD LI BTREET IMPROVEMENT .Pu _ ressed that the City is trvin~ =o make sure students walking to school on Settlemier Avehue- and Parr Road will have a paved surface to walk on. He stated that a sidewalk will be installed on the west side of Settlemier Avenu9 up to Parr Road, a bike path on Parr Road. and that there will be a quarded crossina across Parr Road to ensure the safety of the 6hildren. ~ 3A Page 6 - Council Meeting Minutes, August 11, 1997 TAPE ~{EADING ~833 ~869 ~888 ~242 2215 ~330 2400 COUNCIL MEETING MINUTES August 11, 1997 Councilor Figley discussed her concerns of the danger of children either riding or walking in the bike path. Councilor Sifuentez also expressed her concerns about the bike paths and the problem with speeders in school areas. Mayor Kirksey questioned whether it would ~e possible to double th? fines in school areas, such as is now being done in construction zones. Police Chief Wr.igh~ explained that the speed limits are not set by the Polic? Q~parnment, however the department.places school zones in nig~ priority for enforcemen%. He d2scussed ntrol )ee~ers rious ways to co. . . s~ . .~nd stated that he supported e no parking res=r~ctions anQ the bike path near the schools. He stressed that the Police department is very willing to work with neighborhoods concerning speeding problems. Public Works Director Tiwari spoke in answer to the Mayor's question about the fines, stating that the Speed Control Board sets the speed limits. City A~to~ge¥ ~hig~ds sta~gd that the City does not have the power ~o Qlc~a~e l~s own zincs, as all f~nes must be set by State statute. Nuisance Enforcement Report "B~[ilding~Activity Report for July, 1997 ~DMI ~RATOR' S ' T. City AdministratorC~ds stated that he had received an anonymous letteF for the City and Council. H? wanted to ~emind .th.e public that 9o letters or informat%on ¥ould be ~ealt w~th by the Council unless such letter ~s s~gned. YOR COUNC L RE RTB Councilor Sifue~d that the Woodburn Fiesta Days was a grea= success and wished to thank Chris V$llastr~go and Maggie Garcia for their work in overseeing the F~esta. Councilor · Pugh questioned whether the stoplight on 214 is being ~nstalled in November. Public Works Manager Rohman assured him that it is planned for November. Councilor Figley also expressed her thanks to Chris Villastrigo and Maggie Garcia for a wonderful Fiesta. Councilor. Jenn:'zn~s stated that the Cleveland Street railroad racks. ½s ue eing resolved. He reminded the Council that ne wou2~ me amse~t from ~he August 25, 1997 meeting. He stated .that he.d2d not d2sagree with the d%scussion regarding the me~2an str2p on Woodlan~Street, but w2shed to remind those 2nvolved.~hat perhaps they should talk to the Department ~ ~ra~sportatlon. concgrnlng the beautification project, so =na= wna=ever work is done to beautify the area would n6t be torn up when the Department of Transportation came in to widen the area. 3A Page 7 - Council Meeting Minutes, August 11, 1997 TAPE READ I NG 2553 ~640 ~820 TAPE 2 0530 0550 COUNCIL MEETING MIN~TEB August 11, 1997 Mayor Kirksey - Stated that she had ridden with Chief Wright, visiting the National Night Out festivities on August 5th and was encouraged to see how many neighborhoods are becoming involved. She also wanted to compliment those involved in helping to make the Fiesta Days a success, and to thank the Parks Department for fixxng the parade vehicle. Mayor Kirksey stated that she would like volunteers for a committee to work with the Latin America Club to look at what needs to be done about fees and direction concerning the Fiesta. Councilors Jennings, Figley and Sifuentez agreed to serve on the committee. Chief Wright stated that all private security individuals in the State of Oregon.must .be 1xcensed and tralned. The Fiesta hired private security this year. There were a total of 14 calls related to the.Piesta and th? private security personnel were very competent in their own r~ght, and worked well with the Woodburn Police to keep order during the Fiesta. EXECUTIVE SESSION. JENNINGS/FIGLEY .... Motion to adjourn to executive session under the authority of ORS 192.660(1)(e) to consult with counsel concerning the legal rights and dut!e~ of a public body with regard to current litigation or litigation likely to be f~led, And under the author!ty of ORS 1~2.660(1)(f) to con~ider records t~at are exempt from_~ubl½c, iD~'i'~ect~n.. Th? motxon .passed unanimously. The Council ad]o~rn~u to executfve session at 8:15 p.m. and reconvened the meeting at 8:50 p.m. The ~ollowing action was taken as a result of the executive session: JENNINGS/PUGH...Motion to have the City attorney, in concert with the Police Chief. review and revise Ordinance 1187, dealing with solicitation. The motion passed unanimously JENNING~/Pugh...meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:57 p.m. 3A APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant,'Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, August 11, 1997 MINUTES WOODBURN PLANNING COMMISSION JULY 24, 1997 3B ~ The Planning Commission met in regular session at 7:00 p.m. with Commissioner Atkinson presiding. Chairperson Atkinson Present Vice Chairperson Will Present Commissioner Schultz Absent Commissioner Lawson Present Commissioner Frawtey Present Commissioner Palmer Present Commissioner Torres Absent Commissioner Warzynski Present Commissioner Young Present Staff Present: Steve Goeckritz, Community Development Director Naomi Tejeda, Assistant Planner Commissioner Atkinson motioned to approve the minutes, Commissioner Lawson seconded. The motion passed. BUSINESS FROM AUDIENCF None. COMMUNICATIONS None PUBLIC HEARtNc. A. Subdivison ?7-02 & Site Plan Revi~# 96-21 Noi~i Park PI;7~, Shom3in Ce-'- . _ _D~_~ed subd,~s,~,,, of the No, u, Park Pla~ Sh,-,--,~-- ,~ ........... . - . ' ...... v~_~,,,au ~*~--LUr anQ Be cons~r-dction ~,; a ~.OZl square ~oot tenan~ space buildinq in lot #$ - ~' Staff made presentation as reflected in Staff Report with recommendation to approve subject to the conditions of approval specified in the staff report and the following: · Applicant shall provide staff with documentation of approval from Payless Drugs regarding the relocation of the proposed video rental/sales store · Applicant shall provide staff with a revised subdivision plan · Applicant shall assemble no additional signage · Applicant shall conform to established color scheme to blend with other tenants within the complex Commissioner Palmer · Questioned who is the legal owner of the property housing the Payless facility. Page I - Planning Commission Minutes of July 24, 1997 , · · Reaffirmed.that clarification on that i.ssue is forthcoming from applicant, and that letter from Payless shall be from owner rather than tenant. Commissioner Young · Questioned limitation of color scheme - Isn't Hollywood Video govemed by nationwide color scheme? Staff Color coordination can be required in catain situations - as has been.required at the Wilsonville Hollywood Video. ' Testimony by ADDlicarlt - Mark Wolf, 15015 Main St., Suite 203, Bellvue, WA 98007 Applicant thanked commission for continuation from last meeting and thanked staff for their assistance and thoroughness. Previous problems with Safeway have been resolved 'by movement of the facility more to the west. The complex is owned by four groups as a tenancy-in-common except for the Payless parcel. The Payless parcel is owned by Payless, but is deeded in the year 2004 to the Jewish Boys Fund of New York. it is very difficult to get an answer out of Payless as to who has current ownership of the property, but Payless has promised a letter of approval regarding the movement of the video-store. ' · The only issue applicant was not aware of was the graphics/color scheme requirement. He would like to see the Hollywood Video graphics and colors on the building, but will do the best to match the center. Testimony by Pro_aonen~ None Testimony by ODDonen~ None HeaHnq Closed None Commissioner Palmer moved to approve applicatJon Commissioner Frawley seconded. Motion passed. subject to conditions stated. Page 2 - Planning Commission Minutes of July 24, 1997 B. Site Plan Review 97-07 and Conditional Use 97-01. collocation of a wireless radio communications facility_ at 2780 Progress Way. The a_~plicant if Pa(JeNef - Staff read applicable ORS statements. Staff made presentation as reflected in Staff Report included in Planning Commission packet distributed for this meeting. Applicant requests to add 3-whip antenna to existing tower. Applicant has received approval from F.C.C. Staff recommended approval with the followin~ conditions: · Applicant shall consln.mt a 2'~ x 2" signage on site listing Responsible Person to be contacted in case of emergency. · Applicant shall pave area currently covered in gravel. 3B None Testimony by A~_ plicanf None Testimony by Proporlerlt-~ None Testimony by O_~ponen~ None. None Commissioner Wa _rzynski motioned to approve application with conditions stated by staff. Commissioner Will seconded. Motion was passed. Discussion Item~ A. Interpretation of the Woodbum Sign OrdinarlCC Staff Presentation Staff recommended that although lhis is not a public hearing, commission may want to proceed as if it were. Staff made presentation as reflected* in Staff Report included in Planning Commission packet distributed for this meeting. Parties in this case (Hillyer's Ford and Miles Chevrolet) take issue with Staff's interpretation of what constitutes an 'Integrated Business Center'. Page 3 - Planning Commission Minutes of July 24, 1997 The Sign Code, Section 4 states an Integrated Business Center is a group of two or more businesses which are designed as a center whether or not.the businesses, buildings or land are under common ownership. These IBCs are allowed to have free-standing signs measuring up to 150 square feet. '[hose businesses not identified as IBCs are allowed signage measuring no more than 75 square feel Both signs are allowed at a height of 35 feel Parties in this case maintain that their auto dealerships consist of two or more separate corporations, therefore should be allowed lhe larger signage. Staff has concern with this broad interpretation of the sign ordinance and has six points to make with regard to the commission'-s interpretation of the sign ordinance. 1) Broad inta3xetation could be applied to a number of existing businesses requesting increased sign footage. 2) Broad interpmtafi~ would set a precedent for new businesses using same rationale. 3)- .- Broad-.' interpretation would result in West--Woodbum-having the-tti{~he~t concentration of 150 square foot signs in the city. 4) Broad interpretation could have a marked effect on Woodbum's skyscape around the interchange. 5) Broad interpretation would have a negative impact which goes beyond the purpose of the sign ordinance. 6) Broad interpretation goes against the. need of the public to be protected against sign clutter. These individual businesses do have the dght to have free-standing signs, but those signs should be limited to 75 square feel The commission is tasked with interpretation of the sign offlinance, and to decide whether staff is being too restrictive, or applicant is being too broad. Commissioner A:tkinson Asked it'there is'a need,for a motion. Affirmed a motion would be in order. Commissioner Will Qu~ whether sign permits have already been obtained. per business? How many signs are permitted Replied sign permits have bccn issued for signage on the buildings only. One freestanding sign per IBC, plus signage on buildings for each business within the IBC is allowed. Commissioner Palmer stated he has a possible conflict of interest due to the fact that his daughter works for Miles Chevrolet. Commissioner Frawiey has had service done on both his vehicles at Miles Chevrolet. Commissioner Warzynski has purchased a vehicle from one of applicants. 3B Page 4 - Planning Commission Minutes of July 24, 1997 _Commissioner Youn_a questioned whether building permit application listed only owner rather than businesses, and if that would have any effect on staff interpretation.'?. ~ would have always interpreted this as a single business, and would not have made allowance for anything greater than 75 square foot signage. Testimony byA~_ Dlicant- Wally Lien, Land Use Lawyer for Miles Chevrolet, Hillyer's Mid-City Ford and Hershberger Motors, 1198 Capitol Street, Salem OR. Issue started with Miles Chevrolet, that being the issue of their monument sign/size. In 1996 a sign application was. filed for the Miles Chevrolet monument sign, the same sign that was at the old location on Hwy 99E. The sign was just to be moved. Applicant elected at that time to go-forward with other issues, and leave monument sig~sion for a later time:-. Th~rr~ff~e Hillyer's Ford sign issue came along. Hillyer's essentially took the same position, to sort out zc~ne change and site plan issues first, then come back and combine monument sign issue with that of Miles Chevrolet. With the impending relocation of Hershberger Motors, all three monument sign issues have bccn lumped together. Applicants are asking the Commission .to make a generic interpretation with regard to the sign ordinance, and to apply that decision to the separate applications. Applicants maintain that since their businesses are comprised of several separate corporations, they are to be considered an Integrated Business Center at each dealership, therefore, should be allowed the maximum signage of 150 square feet. Mr. Lien presented visual aid showing current signage both on west and east side of interchange, diagrams depicting proposed signage and asked the Commission to consider following point,~: '. · · Skyscape: look at aesthetics of proposed signage - he maintains the pruposal would not detract from current skyscape (1600 sq acres between 3 businesses) · Photos of business strip east of interchange - showing concentration of current signage (16 small parcels within 1600 acre area, each with 75 sq ff sign) · Diagram depicting difference of 75 sq ft opposed to 150 sq ff sign - Maintains difference is not double, but only adds a 3-foot border around 75 sq ft sign. The 150 sq. ff sign means a lot to a retailer with potential customers zooming along the interstate. · Overpass obstructs view of west side of interstate from east side Mr. Lien continued to stress the view that auto dealerships maintain separate businesses within their locations. New car franchises require that new automobiles are under a separate business than used cars, service, etc. All three applicants claim to have between 4 and 7 separate businesses at their specific locations, therefore maintain they each meet the criteria for an Integrated Business Center. Questions Commissioner Lawson Asked what is the difference in time and distance in a freeway driver's ability to recognize a 75 3B Page 5 - Planning Commission Minutes of July 24, 1997 sq ft sign as opposed to a 150 sq ft sign, and are smaller signs available from auto companies? ~ did not have answers to either question. Commissioner Frawley Do auto manufacturers designate any sign size for their franchises? Mr.,_LJ_e_D states is dependant upon where business is located (i.e. business area/on freeway interchange). . Commissioner Warzyn_ ski Are Texaco and Comfort Inn signs larger than the 150 sq ft maximum? Does not have exact dimensions, but just looking at them, it appears so. They were granclfathered in prior to the sign ordinance, so are not subject to current limitations. Commissioner Will Is Hillyer's required by Ford to have a separate business for the new car franchise? That is correct. It is very controlled. Ford does not tell them what other businesses they can or cannot have, but a new car franchise must be separate. Commissioner Frawlev Questioned land company out of auto dealership at Miles Chevrolet. ~ .. Stated the company wa{' created-for tax purposes, and is a separate land development company which actually owns the land the dealership is located on, and whose offices are housed at the same location. Commissioner Will Miles Chevrolet has very few signs, you cannot miss Hillyer's Ford and their seven signs. granted IBC status, how would that affect building signage? Monument sign would not affect signs on buildings. Commissioner Will asked for staff input. If Signage on building is determined by square frontage on buildings, and has no effect on monumental signage. Commissioner Frawley Concerned with future land development in that area, how this decision will affect sign clutter. Page 6 - Planning Commission Minutes of July 24, 1997 St~"~ed that factory outlet site will have their IBC signage. overpass and will not be affected. Some land is held by state for future Commissioner Frawley Questioned development of land behind Hillyer's. State is zoned IL and owned by Waremart, would have to undergo a zone change in order t~)' become a factor. - Commissioner Frawler Commented zone changes have occured in the past. Testimony from Prooonen~ .A~o. licant Leo Hillyer, 3000 Newberg Highway, Woodbum, OR 97071 Requested to leave the legal part on the table and speak from his heart. Looking at some of the larger signs that are grandPathered in, many are old and in need of repair. Auto dealers are suggesting modem signs that are not flashy, spinning, etc, but are environmentally soft. Auto dealers cannot put up their own 'signs, they must come from the auto companies. The sign he had downtown was 150 sq ft, but has been destroyed by Ford because it is out of date. Stated all he is asking is to have the same size sign, only new rather than old. Asked commission to leave the legalities out of it, think from the heart, and use good common sense. The requested signs are new, state of the art, very nice signs that will add as much to the interstate as the three new businesses. A=_:m_ licant Kio Miles - 3001 West Newberg Highway, Wooclbum OR 97071 Sign he is requesting to put up is 137 sq ff and is the same sign he had at the location on Hwy 99E. He is just asking to'relocate it to the new location. Applicant gave an overview of the different businesses ( 5 coqxxations) within the Miles Chevrolet location. In response to staff's discussion of 6 points of~ they will do everyth~ lhat Ihey have said they will do and will strive to be a good neighbor. Noted that when people are driving along the freeway and are Iooidrlg for a place to buy a new vehicle, buy parts for a vehicle, or get a vehicle serviced, they will be looking for the sign appropriate to the type of vehicle in question. None _,Nx). licant Ward Hershberger- 2380 Miller Farm Road, Woodbum OR 97071 Applicant stated he is moving his business to the freeway area also and none of the auto dealerships am asking for anyhing more than what they have been allowed in the past. He only wants to be a good neighbor with an attractive looking place, without a lot of big signs around. 3]~ Page 7 - Planning Commission Minutes of July 24, 1997 3B At this point staff called for a 5-minute break in the proceedings, cautioning the commissioners not to discuss this subject during the break. Commissioner Al;kinson called the meeting back to order at 8:44 Testimony by Other Proponell~ None Testimony by Opponents ~l~t.¥~agg13~r~849 Woodland Avenue, Woodburn, OR 97071 Stated multiple business cortcep~ under one name is a tax dodge that started back in the 1930's. In his opinion it is only one business, not multiple businesses. States applicants knew the score prior to the move, and are now asking for more than they are allowed. They should be held to the city ordinance like any other business. Rebuttal Staff Using Mr. Lien's figures, 1200 square feet of signage by 16 businesses exists on the east side of the freeway. On the west side, the existing businesses plus the factory outlet will create 950 square feet, plus 3 more parcels bring it up to 1250 square feet of signage for only 9 businesses - almost equal to the signage for 16 businesses on the east side. Stx3wed comparison of 75 square foot'sign vs 150 sq(mre foot sign, and thet sam~ image can nearly fi[ into'both areas. Reiterated that the task of the commission is to determine how the sign ordinance will be interpreted, and what effect it will have in regard to future signage within the city. in response to Mr. Wagoner, code is designed not to make a differentiation as to whether the businesses are owned by one person or mom than one person. In response to staff's comparison to signage on east vs west sides of freeway, the signage on the west side is spread out over a much longer lineage than that on the east side. If it is the planning commission's desire to prohibit businesses such as Hillyers, Miles, and Hershberger to have the larger signage, the commission should change the language of the ordinance. Maintains the current language supports the position of the applicants. Discussiorl Commissioner Warzyn_ ski Questioned commission's place to decide, as sign ordinance is already in place. Also does not recall commission ever going back and overturning a previous decision. Page 8 - Planning Commission Minutes of July 24, 1997 Staff The current sign ordinance was developed by the Planning Commission, and adopted by City Coundl. Staffworl<s under the direction of the Planning Commission and the City Council, who are responsible for the interpretation of the ordinance. Applicant has the right to appeal the decision to the City Council (point to be confirmed with the City Attomey) if the commission decides in favor of staffs position. Commissioner Frawley Stated that ever since he can remaaber car dealerships have provided all the services that th~ applicants claim as separate coq3omtions, and that the publichas inherently expected that they could receive all services without question. Commissioner Lawsorl -Deeisien to be made is not simple. Com~ssionmust eliminate all that has been"said'tlla~ot germane to the question at hand. The sign ordinances have evolved in this city over many years, each time becoming stricter than before. Changes cannot be retroactive, which is the reason old signs are permitted, while new signs must conform to a stricter code. We cannot interpret the ordinance broadly in this particular circumstance, and then apply a stricter interpretation with regard to the rest of the city. If the definition is interpreted broadly, the ordinance becomes useless. 3B Commissioner Your~n With regard to the idea of two or more businesses, new automobile franchises require a separate corporation than other businesses. Commissioner Will stated Mr. Lien made a'good argtJment, but feels he did not make his case.. Commissioner Atkinsor~ Clarified that the Planning Commission does not operate by the wishes of the City or the Staff, but operates under a set of ordinances and regulations. Commissioner Will Moved to ask Staff to prepare findings to support Planning Commission conclusions. Commissioner Frawley Seconded Motion. A role call vote was conducted, with Commissioner Young voting no, Commissioner Palmer abstaining, and all others present voting yes. Motion passed. Commissioner Warzyn_ ski Suggested that Planning Commission look into the sign ordinance to see if rewording might clarify the ordinance for future use. Page 9 - Planning Commission Minutes of July 24, 1997 B. Site Plan I~eview 97-08 Chu's Eateq/Addition Co~missioner Frawley Looks like its been left open-ended. What is happening with it? Staff Police Department stated in their comments, that building would be moving 24 feet closer to the residential neighbors that are already complaining about noise. The wall will be made from concrete to cut down on the noise, and staff is working to insure protection of area residents:. C. Procedure on Remand of I~UBA 97-068 See attached letter from City Attorney Robert Shields. D. Housina Rehabilitation Grant ...... City has received a $5(X),(XX) grant for housing rehabilitation. It is the maximum amount allowed for a grant and should assist 30-45 Iow and moderate-income homeowners to upgrade their residences. E. Building at 173 Grant See attached letter from Ken Palke, Woodbum Downtown Association F. Information reqardinq rainfall in Woodbum See attached information from Barbara Lucas - nice piece of information from a private citizen. Building activity for Fiscal Year 1996-97 was $47,000,000. Factory Outlet has begun to break ground. BUSINESS FROM THE COMM.L~S!ON Commissioner Frawley What is final decision on access for Oil Can Henry's? VVill be a physical barrier (pork chop) to be right-in and right--out only. Commissioner Lawsorl Stated he thought is was highly inconsiderate to the audience to let the visual aid used by Mr. Lien sit in front of the room, blocking the view of the proceedings for such a long period of time. Commissioner Palmer Moved to adjourned. Commissioner Will seconded. p.m. ~ Motion passed, meeting adjourned 9:27 Page 10 - Planning Commission Minutes of July 24, 1997 MINUTES RECREATION AND PARKS BOARD REGULAR MEETING TUESDAY, JUNE 10, 1997 3C o CALL TO ORDER The rr-~cting was called to order at 6.'00pm by Chairman Frank Anderson. ROLL CALL Members Present: Chairman Frank Anderson, Art Montgomery, Lee Ehrens, Dave Ott and Mel Schmidt. Absent: Barbara Rappleyea and Char Quinones Staff Present: City Administrator/Acting Director Chds Childs and Park Secretary Shirley Pitt Also Present: Mayor Nancy Kirksey and Councilwoman Kathy Figley. Mayor Kirksey was present at the meeting to inform the Board that a grant submitted by Nevin Holly to the Meyer Memodal Trust for $7,500 to re-roof the Woodburn Museum was approved. Councilwoman Kathy Figley came to the rr~.cting to offer her input and assistance to the Board on the newly formed Centennial Park Committee. She presented the Board with a list of Centennial Park Issues and Discussion Topics. This list will be a starting point for the newly formed Centennial Committee. She asked that a meeting be set up as soon as possible'so,this Iong'~nvaited pmje~ could get under' way. She ~tso welcomed ahy member of the Board who Wanted to' be a part of this committee. Acting Director Childs stated that key issues will be street requirements and the land .use processes of annexation and site plan review. He indicated that he would like to facilitate an initial m~.cflng with the original four committee members, as well as appropriate' Planning and Public Works officials, so that everyone has a clear undemtanding of what some of the issues might be. This meeting will be Friday, June 20~' at a location and time to be arranged by the City Administrator. WOODBURN POND ON HERMANSON STREET At the previous ~'ling of t~ Park Board, Director Holly was asked to send a letter to Mike and Kelly Bizon who were representing the neighbor's of the Woodbum Pond. This letter was to let them know that the Board had no authority to change an ordinance or easements. Chairman Anderson aSked to see a copy of the letter sent to the Bizons. Acting Director Childs said that he was not fully informed on this issue, but that he is familiar with Penny 'l'ischendorf and questioned whether she was approaching this matter from the same perspective as the Bizons. Ms. 'l'ischendorf has requested the opportunity to rr~ct with the Park Board at the next available opportunity. Page 2 June 10,1997 Recreation and Parks Board Minutes 3C MOTION: MEL SCHMIDT: LEE EHRENS: Moved to go on record as not in favor of making any changes in the maintenance and upkeep of the area of the Pond in the Hermanson area. Seconded the motion. DISCUSSION: The consensus of the Park Board was that this land was accepted by the City as a wildlife area. There was also discussion regarding an easement along the perimeter of the pond. Frank Anderson will check with City Attorney regarding this matter. Motion passed unanimously. CENTENNIAL PARK Lengthy discussion of this Park included what Phase of this project they should start with., paving roadway and parking lot or athletic fields. Mel Schmidt felt, after taking a trip through Tukwila Golf area that if they did not have to comply with City ordinance then the .D~rtment should not have to either. Acting Director Childs informed the Board'that the city must hold itself to the same sfandarcl.~ . ,...' ¥one el.se who develops in the city, but not any stricter standard~, it was ~"~:~geste~ that the City should discuss, with the people and organizations who have donated money and equipment to this project, what they would like to see done first. Mayor Kirksey asked why Parks shouldn't receive the same benefit of having hook up fees waived as the School received. She also suggest that the Board should pursue a grant from PGE for underground power to the Park. A bond issue to cover the entire project was discussed. Acting Director Childs reminded the Board that if volunteers were going to be used, appropriate legal requirements would have to be meL Mel Schrnidt asked about the possibility of burning the field after it is mowed. Acting Director Childs will check into this possibility. STAFFING AND RESPONSIBILITIES OF CURRENT PARK STAFF DURING THE INTERIM OF HIRING A NEW DIRECTOR Chairman Anderson asked Acting Director Childs what his plans were for the staff as relating to their present duties. Also, he asked if as acting Director he would be charging back in Intergovernmental Costs his salary. He also, asked when the Council was going to begin the search for a new Director. In answering the question of the hiring of a new Director, Acting Director Childs told the Board that he had sent the job description to the Council for their input. The Board asked to see a copy of the job description. A copy was made and distributed to the Board. Page 3 Recreation and Parks Boar Minutes June 10,1997 3C o 10. MARKETING OF SWIMMING POOL AND RELATED POOL MATi'ERS Chairman Anderson asked Acting Director Childs what his plans were for proceeding on this matter. He told the Board that he would move forward as rapidly as possible. Questions regarding staffing were brought up. Frank Anderson will ee.t with Mr. Childs for a month to month comparison of revenue at o ontgomery asked again that a nat/~'h~,,,,, ~--, =--,-,, ...... p ol. Art r- j' t" v, ,~;~ u~' III~[~III~QInslae of t ·' as a safety precaution for children he pool building COMPREHENSIVE PLAN When asked what his plans were for continuing work on the Parks Master Plan, Mr. Childs told the Board that he wanted to set up a meeting with Don Ganer to learn where he was at in respect to the Master Plan. Dave Ott asked if it would be possible to postpone action on this until a new Parks Director is hired. Mr. Childs said he had no problem with this and would pursue doing so. RENTAL POLICY Mayor Kirksey asked about the Parks Rental Policy. Acting Director Childs told her it was being taken care of and that this would be a business item on the next City Council agenda. He had met with, Nevin prior to his leaving regarding this matte~. ADJOURNMENT MOTION: LEE EHRENS: Moved to adjourn the meeting at 8:10pm. ART MONTGOMERY: Motion passed unanimously. Seconded the motion. NEXT MEETING DATE: Wednesday, July 9=. Mid Willamette Valley ¢ouncil of Governments 105 HIGH STRE~ S.E. SALEM. OREGON 97~1-3~7 Teleph~ (~3) ~-6177 F~ (5m) 5~6~ ViCE CHAIR: MAYOR DENNIS KOHO C!TY OF KEIZER 6A MEMORANDUM TO: FROM: All Mayors and County Commissioners David A. Galati ~ Executive Director DATE: August 1 5, 1997 SUBJECT: PROPOSED TRANSPORTATION, RESOLUTION Mayors and county commissioners from Marion, Polk and Yamhill counties met on August 13, 1997 to discuss Governor Kitzhaber's failed transportation funding package. A proposed resolution was prepared (see Attachment I ) and' is presented for your consideration and approval. If you agree with this resolution, please sign it and mail it back to the COG by Monday, August 25. MEMBER GOVERNMENTS--COUNTIES: Madon, Polk, Yamhill. CITIES: Amity, Aumsville, Carlton, Dallas, Dayton, Detroit, Donald, Dundee, Falls City, Gates, Gervais, Hubbard, Idanha, Independence, Jefferson, Keizer, Lafayelte, McMinnville, Monmouth, Mt. Angel, Newberg, Salem, Sheridan, Silverton. St. Paul, Stayton, Sublimity, Turner, Willamina, Woodbum, Yamhill. SPECIAL DISTRICTS: Chehalem Parks & Recreation District, Chemeketa Community College, Marion County Fire District #1, Madon Education Service District, Salem Area Transit District, salem/Keizer School Distdct 24J, Yamhill Education Service District, Yamhill Soil & Water Conservation District. INDIAN TRIBE: Confederated Tdbes of the Grand Ronde Community. ' ' 6A RESOLUTION RE: TRANSPORTATION FUNDING FOR THE STATE OF OREGON WHEREAS, transportation needs have reached a critical level in every city and county throughout every region in Oregon; and WHEREAS, transportation is a bi-partisan issue, potholes are neither Democrat nor Republican; and WHEREAS, an adequately funded transportation system is critical to local government, Oregon's economy, and our livability; NOW, THEREFORE, BE IT RESOLVED THAT, we, the undersigned, call upon the Governor, the President of the Senate, the Speaker of the House and the Members of the Legislature to convene in special session as soon as practical and pass into law a transportation funding package. Dated this 2Oth day of August, 1997. CITY OF WOODBURN Mayor ' ' 8A MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager ,~ Public Hearing on Comprehensive Plan Changes Regarding Water and Wastewater Plans August 19, 1997 RECOMMENDATION: Approve the proposed amendments to the Comprehensive Plan regarding changes required by planning efforts in the area of water and wastewater and direct staff to draft an ordinance for council adoption of the amendments. BACKGROUND: The City of Woodburn Planning Commission conducted a public hearing on the proposed amendments on August 14, 1997. Following the hearing the planning commission approved the amendments and directed staff to present the proposed comprehensive plan amendments to the council for final approval and adoption by ordinance. The City has over the past several years conducted extensive planning efforts in ~he areas of.water and wastewater services that are provided by the city, 'The results of these planning efforts have dictated that amendments to the Comprehensive Plan be made to reflect the results of these planning efforts. The wastewater effort was a result of the designation of the Pudding River as a water quality limited stream and the requirement for the city to improve the quality of its effluent to the river especially during river Iow flow periods in the summer months. The planning effort addressed this mandate and also looked at other improvements that would be required for the wastewater treatment facility to meets the needs of the community through the year 2020 with anticipated growth rates. The plan results required that changes be made in several areas of the Comprehensive Plan. In addition specific goals and policies and an abstract related to wastewater were added. The water effort was completed earlier this year and was driven by the desire to provide a more aesthetically high quality water to the city's residents. There was also the need to plan for potential changes to water quality regulations and to look at fire safety needs. The planning effort in water also looked out to the year 2020 for improvements and capital additions that would be required to meet future growth requirements. The plan results likewise required that changes be made in several areas of the Comprehensive Plan. Also, specific goals and policies for the water area were developed. DRAFT Il Woodbum has very little topographic variation, and this, combined with a well eaabllshed urban foreat and dense pattern of existing development has minimized any impact of potential scenic views aad sites. The City's elevation varies no more than forty feet to fifty feet within the entire Planning area. The City will, however, be sensitive to the potential for scenic views when reviewing new development requests. K. Water Areas, Wetland, Watersheds and Groundwater Resources ~'-'..-'- '-_'cq,- lU~V,~,i~.~L~.,X,Ut''~---~:~-J ?- 8A The State Departmeat ·. of Envir0_nm_ental Quality has provided the City with information identify~ea down in the summer and fall month~ but recovers to approximately the same annual level after heavy winter rains, normally 30-40 inches. Recharge ofthe aquifer appears to be ~ from mrface water infiltration~ obsolete. The City has'b~m-nmg~ [~ aware ofthepotenfial impacts to groundwater that underground storage tanks, storm drainage, ch~nical spills, residential on-site sewage disposal ~ and other slm~l,r land uses can have.. Therefore, through the .Zoning Ordinance Chapter Eleven, Site Plan Review Pmce~ the City will~.otify DEQ of any request to develop, change, alter, or'expand property in any waYthat could potentially impact groundwater and further, the City will support and enforce any requirements or recommendations proposed or mandated by State law or agency. The area north of I-Iighway 214 to the northern City lvrfllB~-.k has been identified as W lsnd areas by the U.,g. A,-iay C, ,-vs e:¥1armingkseetk, eom. Page 18 . v, mmO m*rALQ JALrI DRAFTII Air Quality The City's air shed is similar to others in the Will_n_mette Valley. The only sources of pollution are from automobiles and several minor point sources fi-om industries. The City occasionally experiences pollution from field imming, but this is beyond the scope of the City's control In effect, Woodbum'a- planning area does not~ontain any significant air pollution sources since it contains no large polluting 8A As outlined in Section 1,-5 of Volume I (Pg. 75) of the Compr~ Plan, tho City .has committed to adherence to DF_X} and EPA standards for air quality and emi~ons control In addition, Chapters 33, 34, and 35 of the Zoning Ordinance contain language requiting verifiable approvals fi-om State Department of Environmental Quality, and/or Mid-W'fllam~ Valley Air Pollution Authority before City approval is granted for any potential polluter to locate within the Woodlmm planning area. Such an approval take~ into consideration air quality, noise, glare, sewage, ,a'bration, etc. B. Water Quality November 18, 1993 the City of Woodbum received from the Department of Environmental Quality (DF.~ a Stip!!!~ted l'mai Order which set pollutant load limits for ~ into tt~ Pudding River and um~ frame to develop a ~l, ty ~lan to meet th,~, n,,~ e-__ ~._.., eltw,,~ ~ ,~. .... u,__ ~ ..... L.~-~....':'~. ~ umo me city · ,~j ~-~, mo cny completed ~ ~ Fx:~ifi~ Plum ami fiaw~x~-:~' it tc :;~e C. Solid Waste No solid waste or hazardous waste sites exist within the Woodbum plamfing mm. Solid waste collection is provided by United Dis~sal Service, Inc., under a franclgse from the City. Wastes are currently disposed Of at two locations. c:~lanning~c~wiron.q _ual. Pago 21 DRAFT 11 The first is thc new Ogden Martin Mass-bum Facility, where Marion County requir~ United Disposal Service, Inc. to take ~11 burnable waste. The second is the Marion County Landfill site, Northwest of 8A Woodbum's planning area. The landfill site is used for non-burnable, non-ha~rdous waste, unacceptable to the bum facility. United Disposal Service, Inc. has recently obtained approval ~om the City, to locate a mmsfer rtation for recyclable materials. Tho ~ ofwa~'mte~ has bee. e~couragod bytho City, tho CounV], and thepriv~, sector, as a positive method for reducing the various costs as.~ociated with waste manag~ The City of Woodbum will continue to support actions takeo by the various public and/or private agencies to improve the handling and management ofrecydable materials. D. No~e Policy L-6 of Volume I of the City's plan identifies traffic flows along Interstate 5, and Pacific Highway 99E and the R~ilroad, as the City's prima~ noise sources. - II, 3 8A TT · II S c:kolanning~ublic.scr -Pagc 51 DRAFT 11 c.'~planning~pu blic.scr- Page 51 oo Transportation Goals and Policies Goal K-1. Establish a framework for the development of facilities to move persons and goods in as safe, effective and efficient a manner as possible under projected year 2015 traffic conditions. Policies K-1-1. DeVelop a transportation system that interconnects residential areas with employment centers, commercial areas, schools, parks, churches and regional ~. transportation networks APPeND)IX C ABSTRACT OF TIlE WATER SYS'r~M ELEMF~T DRAFT 8A 88 APPENDIX C c:~lam'~ing\wtrpIn.ab$ _Pagc 83 c:~ola n ning~,wastewtr, al:~s 8A c:~an ning\wastewtr, abs FU~Q EXISTING PHASE I PHASE II =0 100 ! SCALE IN FEET II~OONDARY II City of Woodburn, Oregon Wastewater Treatment Plant Combined-Phase I and Phase II - Site Layout 8A August 6, 1997 Steve Goechritz Community Development Director City of Woodbum 270 Montgomery Street Woodbum, OR 97071 DEPARTMENT OF LAND CONSEI~VATION AND DEVELOPMENT Subject: Comprehensive Plan amendments to Public Facilities Plan / DLCD file: PA Woodburn 02-97 / Local file: Comp 97-01 Dear Steve: Thank you for the opportunity to comment on the City of Woodbum's proposed amendments to the Comprehensive Plan regarding water, wastewater and groundwater protection facilities planning. As you know, the City's Periodic Review Work Program was approved by .*.he Department on July 39, 1997, aed tkese comments have been developed in light of this recent approval. Since your plan amendment covers Goal 11 Subject matter found in.the City'sappr6ved Work Program,' these proposed amendments will be re-reviewed under Periodic Review when the City submits completed work under Work Program Task No. 3.a. (Update Public Facilities Plan). (OAR 660-25-040) Overall, the plan amendment updates water and wastewater plan text and policies based on the City's most recent Wastewater Facilities Plan (1995) and Water Master Plan (1996). These documents provide background for the City in addressing important Goal 11 public facilities issues. The following are specific comments on your proposal: I. Draft Policy J-2-1 calls for projecting water needs through 2015 whilc draft Goal I-2 and draft Policy I-2-1 call for projecting wastewater needs through 2020, and draft Goal J-2 calla for water system planning through 2020. Draft Policy J-2-1 appears to contain an inconsistent time frame with other draft public facility goals, policies and ~oh~ discussion. Co,'emo~ 1175 Court Street NE Salem, OR 97310-0590 (503) 373-0050 FAX (503) 362-6705 Letter to Steve Goechritz Page Two 8A 2. Page 2, Paragraph 2 of the draft Wastewater System Element Abstract needs to revise its discussion of the relationship between the City's wastewater service area, the City's., urban growth boundary (UGB) and DLCD's approval authority. Goal 11 requires sewer systems to be located within UGBs and DLCD's roll is to assure compliance wi~ this standard whenever new facilities are proposed. 3. Page 2, Paragraph 5 of the draft Wastewater System Element Abstract reports population equivalent projections used in preparing the plan amendment proposals. The proposed growth rates are presented as constant average annual rates through the entire planning period. These population equivalent forecast rates raise the need to show compliance with ORS 195.036. This statute requires that the City's population forecast be coordinated through Marion County, who is charged with establishing and maintaining such forecasts on a coordinated basis with cities in the County for use when comprehensive plans are maintained and updated. While recognizing that a forecast of population equivalents for sewer system planning are not the same as population fo.-'e,',,a.~, y~)ur facilities plans need to show how a ORS 195.036 population forecast which has been coordinated with the County is embedded in the assumptions used to calculate the population equivalent forcc~t for wasteWater planning purposes. The need for thi~ kind of population coordination effort has'been identified as a key element in the City's approved Periodic Review Work Program under Task 1 (Buildable Lands Inventory), Task 2 (Commercial and Industrial Lands Inventory), and Task 3 (Update Public Facilities Plan). The results of each of these Work Program Tasks are population sensitive and therefore subject to ORS 195.036 coordination. 4. In Volume II of your Wastewater Facilities Plan background document, Figure 1 (Sewage Service Area) shows the City's sewage service area boundary to extend beyond the City's UGB at a number of locations. Your proposal states that sewer service has been planned only for areas within the City's existing UGB, however Figure 1 appears to be in conflict with this statement and thc intent of Goal 11. Your plan amendment needs specifically clarify the relationship between provision of sewage service within the UGB and the Goal 11 requirement and the intent of Figure I's sewage service area boundary. SA Letter to Steve Goechritz Page Three Again, we appreciate the opportunity to comment on your proposed plan amendment. Please enter this letter into the record of proceedings. If you have any questions, do not" hesitate to call me at (503) 373-0062. Sincerely, Willamette Valley Urban Representative Randall L. Rohman, Woodburn Public Works Dept. Rob Hallyburton, Marion County Planning DLCD PR file Jaime Isaza, DEQ - Eugene Peter Dalke, DEQ - Portland Jim Sitzman, DLCD Jim Knight, DLCD .. IOA TO: MEMO Mayor and City Council FROM: Chris Childs, City Administrator Gas Tax Ordinance/Ballot Title August 21, 1997 SUBJ.: DATE: RECOMMENDATION: 1. Approve, by motion, amendments proposed by staff, or subsequently by city council, to Council Bill No. 1758. 2. Approve, by roll call vote, Council Bill No. 1758 in final form. BACKGROUND: This matter was removed from the table on August 11, 1997 and staff was requested to make various updating changes to the ordinance and ballot title. For your convenience, the 'copy provided in the agenda packet-has been prepared in "redline/strikeout" format to more easily identify the changes made. 'The Recorder's file contains a 'clean" copy of the ordinance suitable for signature. However, the city council may make further amendments in the course of this meeting as it determines appropriate. You will note that the changes made are confined to various "whereas" clauses, Sections 2, 30 and 31 of the body of the ordinance and the attached ballot title. NOTE: Since this ordinance was already introduced and read twice on October 28, 1996. Another reading is not legally required. However, staff is prepared to highlight all of the proposed changes to the ordinance. ~ · 10A COUNCIL BILL NO. 1758 ORDINANCE NO. A ORDINANCE IMPOSING AN ADDITIONAL MOTOR VEHICLE FUEL TAX ON MOTOR VEHICLE FUEL DEALERS FOR PURPOSES OF PAVEMENT pRESERVATION; PROVIDING FOR ADMINISTRATION, ENFORCEMENT AND COLLECTION OF SAID TAX AND SETTING EFFECTIVE DATES AND IMMEDIATELY REFERRING SAID ORDINANCE TO THE ELECTORS OF THE CITY OF WOODBURN. WHEREAS, the State of Oregon grants municipal authority to impose a motor vehicle fuel tax as adopted in Article IV, Section 3a of the Oregon Constitution; and WHEREAS, under ~--~e~tm-8~-ef ~~lof Measure -~, ~'~.(enacted by the Oregon voters at the,~,,,=," ......... ,,~,~,~,, I ~,, ,==," ..... ,=, o,' F_;~ct~on} ~~~he 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, 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 Page I - COUNCIL BILL NO. 1758 ORDINANCE NO. 10A WHEREAS, the motor vehicle fuel tax revenue is ~~xclusively for reconstruction, improvement, repair, maintenance, operation and use of public highways, roads and streets; and WHEREAS, if old pavements are allowed to deteriorate and not brought back to their original strengths by preventative maintenance and resurfacing, then reconstruction of these streets will be necessary at a future date, the cost of reconstruction is much higher; and WHEREAS, the City Council held a workshop on September 10, 1996 to discuss street pavement related issues. After input, the City Council reached a consensus to expand the existing resurfacing program and to include a certain number of streets for resurfacing based on the age of the pavement, and WHEREAS, the City Council recognizes the need for street pavement preservation and improvements based on the information provided by the staff and on field investigation made on their own; and WHEREAS, the City Council recognizes the need for an additional dedicated source of funding for pavement preservation and street projects; NOW THEREFORE. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. 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. JZ~i131tigJZ~ 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. Page 2 - COUNCIL BILL NO. 17§8 ORDINANCE NO. 10A (B) "Authorized Agent" any person or agency that has been given authority to implement a portion of this ordinance. (c) Oregon. (D) "City" means City of Woodburn, a municipal corporation of the State of "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. (E) "Motor Vehicle Fuel-Handler" means any person who acquires or handles motor vehicle fuel within the City through a storage tank facility with storage tank capacity that exceeds 500 gallons' of motor vehicle fuel. (F) "Distributor" means, in addition to its ordinary meaning, the deliverer of motor vehicle fuel by a dealer to any service station or into any tank, storage facility or series of tanks or storage facilities connected by pipelines, from which motor vehicle fuel is withdrawn directly for sale or for delivery into the fuel tanks of motor vehicles whether or not the service station, tank or storage facility is owned, operated or controlled by the dealer. (G) "Highway" means every way, thoroughfare and place of whatever nature, open for use of the public for the purpose of vehicular travel. (H) "Motor Vehicle" means all vehicles, engines or machines, moveable or immovable, operated or propelled by the use of motor vehicle fuel. (I) "Motor Vehicle Fuel" means and includes gasoline, diesel, mogas, methanol, and any other flammable or combustible gas or liquid, by whatever name such gasoline, diesel, mogas, methanol, gas or liquid is known or sold, usable as fuel for the operation of motor vehicles, except gas, diesel, mogas, methanol, or liquid, the chief use of which, as determined by the City, is for purposes other than the propulsion of motor vehicles upon the highways. Propane fuel and motor vehicle fuel used exclusively as a structural heating Page 3 COUNCIL BILL NO. 1758 ORDINANCE NO. 10A source are excluded as a taxable motor vehicle fuel. (J) "Person" includes every natural person, association, firm, partnership, or corporation (K) "Service Station" means and includes any place operated for the purp0~e of retailing and delivering, motor vehicle fuel into the fuel tanks of motor vehicles. (L) "State" means State of Oregon. Section 4. ~L~LII:~;iJ~ An additional motor vehicle fuel tax is hereby imposed as provided herein on every dealer'operating within the corporate limits of Woodburn. The City of Woodburn motor vehicle fuel tax imposed shall be paid monthly to the City or to its authorized agent. (A) A person who is not a permitted dealer or permitted motor vehicle fuel-handler shall not accept or receive motor vehicle fuel in this City from a person who supplies or imports motor vehicle fuel who does not hold a valid motor fuel dealers permit in the City. If a person is not a permitted dealer or permitted motor vehicle fuel-handler in this City and accepts or receives motor vehicle fuel, the purchaser or receiver shall be responsible for all taxes, interests and penalties prescribed herein. (B) A permitted dealer or fuel-handler who accepts or receives motor vehicle fuel from a person who does not hold a valid dealer or fuel-handler permit in.this City, shall pay the tax imposed by this Ordinance to the City or it's. authorized;agent, upon the sale, use or distribution of the motor vehicle fuel. Section 5. Amount and Payment, (A) Subject to subsection (B) and (C) of this section, by law, every dealer engaging in his own name, or in.the name of others, or in the name of his representatives or agents in the City, in the sale, use or distribution of motor vehicle fuel, shall; (1) Not later than the 25th day of each calendar month, render a statement to the City or to its authorized agent, of 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 the City by a purchaser thereof upon which sale, use or distribution the dealer has assumed liability for the applicable motor 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 Page 4 COUNCIL BILL NO. 1758 ORDINANCE NO. . 10A (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 Re~_uirements. 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 A_n_~licsfions 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 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 end, if a corporation, the corporate name under which it is authorized to transact business and the names and addresses of its principal officers and registered agent, as well as primary transport carrier. (D) The application for a motor vehicle fuel dealer or fuel-handler permit having been accepted for filing, the City or its authorized agent, shall issue to the dealer or fuel- handler a permit in such form as the City or its duly authorized agent may prescribe to transact business in the City. The permit so issued is not assignable, and is valid only for the dealer or fuel-handler in whOse name issued. (E) The City Recorders Office shall keep on file a copy of all applications and/or Page 5 - COUNCIL BILL NO. 1758 ORDINANCE NO. 10A permits. (F) herein. No fee(s) shall be charged by the City for securing said permit as described Section 8. Failure to Secure Permit. (A) If any dealer sells, distributes or uses any motor vehicle fuel without first filing the certificate and securing the permit required by Section 7, the motor vehicle fuel tax shall immediately be due and payable on account of all motor vehicle fuel so sold, distributed or used. (B) The City shall proceed forthwith to determine, from the best available sources, the amount of such tax, and it shall assess the tax in the amount found due, together with a penalty of 200 percent of the tax, and shall make its certificate of such assessment and penalty, determined by City Administrator or the City's duly authorized agent. In any suit or proceeding to collect such tax or penalty or both, the certificate is prima facie evidence that the dealer therein named is indebted to the City in the amount of the tax and penalty therein stated. (C) Any fuel-handler who sells, handles, stores, distributes, or uses any motor vehicle fuel without first filing the certificate and securing the permit required by Section 7, shall be assessed a penalty of $250.00 unless modified by Section 28 Subsection "a", determined by the City Administrator or the City's duly authorized agent. In any suit or proceeding to collect such penalty, 'the certificate is prima facie evidence that the fuel- handler therein .named is indebted to the City in the amount of the penalty therein stated. (D) Any tax or penalty so assessed may be collected in the manner prescribed in Section 12 with reference to delinquency in payment of the tax or by Court Action. 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 e dealer or fuel- handler cancel any permit issued to such dealer or fuel-handler, the cancellation to become effective 30 days from the date of receipt of the written request. Page 6 COUNCIL BILL NO. 1758 ORDINANCE NO. 10A (B) If the City or its authorized agent ascertains and finds that the person to whom a permit has been issued is no longer engaged in the business of a dealer or fuel- handler, the City or its authorized agent may cancel the permit of such dealer or fuel- handler upon investigation after 30 days notice has been mailed to the last known address of the dealer or fuel-handler. Section 11. Remedies Cumulative. Except as otherwise provided in Sections 12 and 14, the remedies provided in Sections 8, 9 and 10 are cumulative. No action taken pursuant to those sections shall relieve any person from the penalty provisions of this Ordinance. Section 12. Payment of Tax and Delinquency. (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 reasonable cause and without any intent to avoid payment, the penalties provided by subsections (B) and (C) of this Section may be waived. Penalties imposed by this Section shall not apply when the penalty provided in Section 8 has been assessed and paid. {E) If any person fails to pay the motor vehicle fuel tax of any penalty provided 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, Page 7 - COUNCIL BILL NO. 1758 ORDINANCE NO. IOA as required herein. Section 13. Monthly Statement of Dealer and Fuel-Handler. Unless modified by Section 28, Subsection "b" every dealer and fuel-handler in motor vehicle fuel shall render to the City or its authorized agent, on or before the 25th day of each month, on forms prescribed, prepared and furnished by the City or its authorized agent, a signed staterhent 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 Rle Month~ 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 provided in this Ordinance. In any suit brought to enforCe the rights of the City under this section, the above determination showing the amount of tax, penalties and costs unpaid by any dealer or fuel-handler and that the same are due and unpaid to the City or its authorized agent is prima facie evidence of the facts as shown. Section 15. Billin_a Pu~'chesers. 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 t~ Provide Invoice or Delive~ 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. 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 Page 8 COUNCIL BILL NO. 1758 ORDINANCE NO. IOA 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. Exemption of Export 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 authori2ed 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 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 Page 9 COUNCIL BILL NO. 1758 ORDINANCE NO. 10A 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 Exempted. The motor vehicle fuel tax imposed. by Sections 4 and 5 shall not be imposed on any motor vehicle fuel sold to the Armed Forces of the United States for use in ships, aircraft or for export from the City; but every dealer shall be required to report such sales to the City or its 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 Comin_o Into CiW 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. Refunds will be made pursuant to ORS. 319.280 to 319.320. Section 22. Examinations end Invesfi_~ations. The City, or its duly authorized agent, may make any examination of accounts, records, stocks, facilities and equipment of dealers, fuel-handlers, service stations and other persons engaged in storing, selling or distributing motor vehicle fuel or other petroleum products within this City, and such other investigations as it considers necessary in carrying out the provisions of this ordinance. If the examination or investigations disclose that any reports of dealers or other persons theretofore filed with the City or its authorized agent pursuant to the requirements herein, have shown incorrectly the amount of gallons of motor vehicle fuel distributed or the tax accruing thereon, the City or its 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. Umitation on Credit for or Refund of 0vema_vment and on Assessment of Additional Tax. (A) Except as otherwise provided in this ordinance, any credit for erroneous overpayment of tax made by a dealer taken on a subsequent return or any claim for refund of tax erroneously overpaid filed by a dealer must be so taken or filed within three years after the date on which the overpayment was made to the City or to its authorized agent. Page 10 COUNCIL BILL NO. 1758 ORDINANCE NO. 10A (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. Examining Books and Accounts of Carrier of Motor Vehicle Fuel. The City or its duly authorized agent may at any time during normal business hours examine the books and accounts of any carrier of motor vehicle fuel operating within the City for the purpose of checking shipments or use of motor vehicle fuel, detecting diversions thereof or evasion of taxes in enforcing the provisions of this ordinance. Section 25. Records to be Kept by Dealers and Fuel-Handler. Every dealer and fuel- handler in motor vehicle fuel shall keep a record in such form as may be prescribed by the City or its authorized agent of all purchases, receipts, sales and distribution of motor vehicle fuel. The records shall include copies of all invoices or bills of such sales and purchases, and shall at all times during the business hours of the day be subject to inspection by the City or its authorized officers or agents. Section 26. Records to be Keot Three Years. Every dealer and fuel-handler shall maintain and keep, for a period of three years, all records of motor vehicle fuel used, sold and distributed within the City by such dealer or fuel-handler, together with stock records, invoices, bills of lading and other pertinent papers as may be required by the City or its authorized agent. In the event such records are not kept within the State of Oregon, the dealer shall reimburse the City or its duly authorized agents for all travel, lodging, and related expenses incurred in examining such records. The amount of such expenses shall be additional tax imposed hereunder. Section 27. Use of Tax Revenues, (A) The City Administrator shall be responsible for the disposition of the revenue from the tax imposed by this ordinance in the manner provided by this section. (B) For the purposes of this section, net revenue shall mean the revenue from the tax imposed by this ordinance remaining after providing for the cost of administering the motor vehicle fuel tax to motor vehicle fuel dealers and any refunds and credits authorized herein. The program administration costs of revenue collection and accounting activities shall not exceed 10% of annual tax revenues. (C) The net revenue shall be used only for the activities related to the resurfacing, and repair, of public highways, roads and streets within the City of Woodburn. Section 28. Administration. The City Administrator or his designate is responsible for administering this ordinance. In addition, the City Administrator may enter into an agreement with the Financial Services Branch of Oregon Department of Transportation as an authorized agent for the implementation of certain sections of this ordinance. If the Page 11 - COUNCIL BILL NO. 1758 ORDINANCE NO. 10A Financial Services Branch is chosen as an authorized agent of the City, then the modifications outlined below shall apply: (a) (b) 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 obtainlng a permit, then the penalty provided in Section 8 and this Subsection may be waived. The fuel handler's monthly reporting requirements of Section 13 and 14 shall be waived. SeCtion 29. ~. If any portion of this ordinance is for any mason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. Section 30. Effective Dates. The permit requirements imposed by this ordinance are effective ~ ~~ and the taxation imposed by this ordinance is effective G~pt~,~b~r ~, ~ 9~ · .~~...~..~ Section 31. ~. This ordinance shall be referred to the electors of the City of Woodburn at the ~ ~~~...~ 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 ,,=~,,=,!,u=, ~, , ==,, n approval of a majority of the electors of the City of Woodburn at the special election of ,M~y 2.C, I ,~27. ..:~.~. :. ~, Approved as to form: City Attorney Date APPROVED: Nancy A. Kirksey, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 12 - COUNCIL BILL NO. 1758 ORDINANCE NO. 10A SPECIAL MUNICIPAL ELECTION CITY OF WOODBURN Marion County, Oregon Submitted to the Voters by the City Council REFERRAL OF ORDINANCE IMPOSING MOTOR VEHICLE FUEL TAX QUESTION: Shall the City of Woodburn adopt an ordinance imposing a motor vehicle fuel tax? EXPLANATION: The l~313osed ordina .nce 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 Woodburn. 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. 10B TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator ~ Resolutiorl Urqinq Soecial Leqislative Session* August 21, 1997 RECOMMENDATION: Approve accompanying Council Bill (resolution) calling for a Special Session of the Legislature for consideration of an additional statewide vehicle fuel tax. BACKGROUND: At the August 11, 1997 meeting, it was requested that a resolution of this nature be prepared for city council consideration. The proposed resolution was developed collaboratively by staff and has been preliminarily reviewed and approved by the mayor. lOB COUNCIL BILL NO. 1820 RESOLUTION NO. Whereas, lack of adequate funding has crippled the ability of Oregon governments, at all levels, to provide badly needed street and highway infrastructure maintenance and improvements; and Whereas, growth and other external factors have left the City of Woodburn, like many other cities, with a growing backlog of unfunded projects, contributing to increased congestion and potential gridlock; and Whereas, the Honorable John A. Kitzhaber, Governor of Oregon, on behalf of all Oregonians, has continually advocated adequate statewide transportation funding as a priority issue; and Whereas, urgently needed funding for the streets and highways of Oregon's cities and counties should not be held hostage to partisan politics; and Whereas, the City of Woodburn supports the development of a uniform transportation funding package originating at a statewide level; and Whereas, failure to develop a uniform transportation funding program will result in piecemeal and patchwork 'solutions'. stretching to the four corners of this state; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: 1. That the Honorable John A. Kitzhaber, Governor of Oregon, move posthaste to convene a Special Session of the Oregon Legislature to develop an acceptable transportation funding package; and 2. That any such transportation funding package specifically include consideration of an additional statewide motor fuel tax; and 2. That Woodburn's own Legislative Delegation, Dist. 15 Senator Marylin Shannon and Dist. 38 Representative Patti Milne, lend their support and cooperation to the effort to convene a productive Special Session for this purpose; and 3. That a copy of this Resolution be forwarded to the above-named Governor and Legislators; and Page I - Council Bill No. Resolution No. lOB 4. That the City of Woodburn encourages other cities and counties to enact similar resolutions emphasizing the importance of transportation funding issues statewide. Approved as to form: City Attorney Date ., APPROVED: Nancy A. Kirksey, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 2 - Council Bill No. Resolution No. 10C MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager .~ Special Transportation Fund Agreement for FY 97-98 August 19, 1997 RECOMMENDATION: Approve the attached resolution entering into an agreement known as the "STF-108- 21 Agreement" with Salem Area Transit District to receive $21,327.00 in Special Transportation Funds. BACKGROUND: The Special Transportation Fund (STF) is derived from a portion of the State of Oregon cigarette tax and dedicated for use in pro.viding transportation for the elderly and disabled. The city Dial-A-Ride program has been awarded varying amounts of STF grant funds on an annual basis Since 1988.- The state allocates the funds by formula to each county and in Marion County these grant funds are administered by the Salem Area Transit District. Through the grant application process the City was awarded $21,327 for its Dial-A-Ride Program to provide transportation for elderly and disabled residents of the community. The agreement presented this year is identical to the one approved last year with the exceptions of changes resulting from a different amount of grant funds being awarded and budget modifications to accommodate the new grant. The agreement also changes the manner in which the city is reimbursed for expenses incurred that are covered by the awarded funds. The number of the agreement was also changed from "STF-8" which it had been known as since the city started receiving the grant. Staff recommends that the resolution be approved authorizing the Mayor to sign the agreement on behalf of the city. 10C COUNCIL BILL NO. 1821 RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE SALEM AREA TRANSI~T DISTRICT KNOWN AS THE "STF-108-21 AGREEMENT", FOR FY 1997-98 AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, the City of Woodburn applied for Special Transportation funds for Fiscal year 1997-98 as approved for under Oregon Statute, and WHEREAS, the City of Woodburn has been awarded $21,327 in operational assistance for the Dial-A-Ride program, and WHEREAS, the Salem Area Transit District administrates the Special Transportation Fund for Marion County. NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with the Salem Area Transit District, which is affixed as attachment "A" and by this reference incorporated herein, to secure Special Transportation Funds for Dial-A-Ride operating assistance. Section 2. That the Mayor is authorized to execute and the City Administrator to administer said agreement on behalf of the City. Approved as to fo rm.'~,~~ ./~_-_~'~ ~-{Z" ~ ~'- 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, City Recorder City of Woodburn, Oregon Nancy A. Kirksey, Mayor Page I - COUNCIL BILL NO. RESOLUTION NO. 10(] ATTACHMENT "A" Due to its length the "Special Transportation Fund Agreement - Formula Funds for FY 1997/98" has not been included in the agenda package. Copies will be available for inspection at the Council meeting if desired. 1OD MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager ~~ Local Agency Agreement with the State of Oregon for Railroad-Highway Crossing Improvement August 19, 1997 RECOMMENDATION: Approve the attached resolution which enters into a local agency agreement with the State of Oregon to alter the Railroad-Highway crossing at the Southern Pacific Lines and Boones Ferry Road (south-Settlemier Avenue). BACKGROUND: The Southern Pacific Lines railroad-highway crossing at Settlemier Avenue/Boones Ferry Road has been identified for some time as a high accident grade crossing. The city has been coordinating with the state through the Oregon Department of Transportation (ODOT) and Southern Pacific Railways to improve this crossing. An agreement has been reached to improve thiSSecti0n through a joint state, city and railroad project. ODOT will utilize federal and state rail safety funds for this project. Southern Pacific will fund improvements required along the tracks and for crossing guard upgrades. The city will cost share improvements to make the road wider and provide sidewalk and bikeway improvements. This project will be prepared and bid as a state contract. Design and further coordination will be done by DeHaas & Associates Inc. as part of their existing contract with the city. Due to the rather extensive review process and bidding requirements for a state contract, design work will be planned for the contract to be bid next spring for construction during the summer 1~)~)8 construction season. 1OD COUNCIL BILL NO. 1822 RESOLUTION NO. A RESOLUTION ENTERING INTO A LOCAL AGENCY AGREEMENT WITH THE STATE' OF OREGON TO ALTER THE RAILROAD-HIGHWAY CROSSING AT THE SOUTHERN PACIFIC UNES AND BOONES FERRY ROAD AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SAID AGREEMENT. WHEREAS, the rail-highway crossing of the Southern Pacific Lines at Boones Ferry Road has been identified as a high accident location, and WHEREAS, there are federal and state rail crossing funds available for safety improvements, and WHEREAS, the state has approved this project as part of the Statewide Transportation Improvement Program, and WHEREAS, the city has completed preliminary engineering which indicates that this project is feasible and would improve operation of this rail and roadway crossing; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into a Local Agency Agreement with the State of Oregon to alter the railroad-highway crossing at the Southern Pacific Lines and Boones Ferry Road which is attached hereto as Exhibit 'A" and by this reference incorporated herein. Section 2. That the Mayor and City Recorder are authorized to sign said agreement on behalf of the city. Page I - COUNCIL BILL NO. City Attorney Date 1OD APPROVED: Nancy A. Kirksey, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodbum, Oregon Page 2 - COUNCIL BILL NO. 1OD ORDER NO. 96-047 ENTERED September 10, ODOT CROSSING NO. C-734.50 U.S. DO/NO. 759 614 K 1996 BEFORE THE OREGON DEPARTMENT OF TRANSPORTATION PO( 785 In the Matter of the Alteration of the Railroad-Highway ) Grade Crossing at Boones Ferry Road and ) SOUTHERN PACIFIC LINES, Valley Main Line, in ) Woodbum, Marion County, Oregon. ) ORDER In the furtherance of its duties in the administration of ORS 824.206, the Department Staff has investigated the adequacy of the safety at the subject grade crossing. The affected railroad is Southem Pacific Lines. The public authority in. interest is City Of Woodb,,m. Willamette Valley Raj..k?ay ComPanY is also a 15arty in. this matter. '- Diagnostic teams reviewed the crossing site on May 26, 1993, August 1, 1994, and August 2, 1995. The teams consisted of representatives from Southem Pacific Lines, Willamette Valley Railway C_pmpany, City of Woodbum, ODOT, and the Public Utility Commission. During the time pedod of the meetings, a City of Woodburn Transportation System Plan was developed, and an analysis was performed on the relationship of this crossing to the plan for the transportation system in the vicir{ity of the crossing. The diagnostic team reached agreement at the August 2, 1995, meeting regarding the proposed safety improvements at the crossing. Based upon that agreement, by letter dated July 30, 1996, Department staff served a Proposed Final Order and its Appendix A for all parties to review and acknowledge their agreement with its terms. All parties in this matter have agreed that the proposed crossing alterations are required by the public safety, necessity, convenience and general welfare. Therefore, under ORS 824.214, the Department may enter this Order without hearing. Appendix A to this Order depicts the crossing vidnity, including the alignment of the roadway and track at the crossing. The track intersects the roadway at an angle of approximately 25 degrees. The crossing is equipped with flashing light and automatic gat.e signals..The average daily traffic volume is approximately 2,874 vehicles at the crossing. The average 'speed of vehicles ORDER NO. 96-047 is approximately 25 miles per hour (mph). Motorists' sight distance of approaching trains is restricted in three quadrants by structures and vegetation. There is a daily average of 14 freight and 4 passenger train movements over the crossing at a maximum authorized speed of 45 mp.h,. There have been five reported train-vehicle collisions at the crossing in the last ten years. The collisions resulted in no casualties. It is proposed that the existing roadway at the crossing, which is approximately 20 feet wide, be reconstructed. At the crossing, the reconstructed roadway section will be 36 feet wide, .consisting of two 12-foot wide paved travel lanes and two 6-foot wide paved shoulder bikeways. The shoulders will be flared to allow a 90-degree angle for bicycles at the crossing. The reconstructed roadway will intersect the track at an angle of approximately 20 degrees. It is further proposed that the existing flashing light and automatic gate signals and activation circuitry be replaced. The project includes new flashing light and automatic gate signa]~ installed to accommodate the reconstructed roadway section, activated by constant waming time circuitry contained in a new signal house. Appendix A depicts the scope of the proposed project. From the foregoing, the Department finds that the proposed crossing alterations are required by the public safety, convenience and general welfare, and that it is appropriate to authorize expenditure of funds from the Grade Crossing Protection Account, as provided by ORS 824.250, in the amount agreed upon by the parties. 1OD IT IS ORDERED that: The subject grade crossing shall be altered as set forth below. All alterations ' shall be completed within 15 months from the entered date of this Order. City of Woodbum shall: a. Subject to reimbursement to a maximum of $55,000 as set forth below (1) Reconstruct that portion of the crossing lying outside lines drawn two feet outside each rail (or at the outer edge of manufactured surfacing) to accommodate a roadway 36 feet wide plus the bikeway flare as depicted on Appendix A. The roadway approaches to the crossing shall comply with OAR 860-42-215(1). (2) Furnish and install standard guardrail adjacent to each set of automatic signals at the crossing. The devices shall be installed according to ODOT Drawing No. 2115 and located according to OAR 860-42-070(1.3). The guardrail at the southeast quadrant shall be modified to accommodate the Ogle Street intersection with Boones Ferry Road. 2 o ORDER NO. 96-047 (3) Furnish and install stop clearance lines at the crossing, located according to OAR 860-42-070(10). bo Co Bear 28 percent of the costs of reconstructing that portion of the crossing lying between lines drown two feet outside each rail. ' - Maintain the ordered guardmil and stop clearance lines, existing advance warning signs and advance warning pavement markings, and that portion of the crossing lying outside lines drawn two feet outside each mil (or at the outer edge of manufactured surfacing), and bear all the costs. Southern Padfic Lines shall: a, Subject to reimbursement as set forth below:. (1) Reconstruct that portion of the crossing lying between lines drawn two feet outside each rail (or at the outer edge of manufactured surfadng) to accommodate a roadway 36 feet wide plus.the bikeway flare. (2) Furnish and install two Standard No. 2 flashing light signals and two Standard No. 4 automatic gate signals at the crossing. An additional set of flashing lights shall be installed on the signal at the southeast quadrant, directed at vehicles on Ogle Street The signals shall be ac~,vated according to OAR 860-42-090. The signals shall be located as depicted on Appendix A. bo Maintain the ordered automatic signals and circuitry, and that portion of the crossing lying between lines drawn two feet outside each rail (or at the outer edge of mariufactured surfadng), and bear all the costs. Notify the Department in writing or by facsimile transmission not less than five working days pdor to the date that the ordered automatic signalswill be activated and placed in service. Each party shall comply with the provisions of ORS 757.541 to 757.571, Excavation Regulations. Each party shall notify the Department in writing upon completion of its portion of the project. Using Section 130 federal funding, the Department shall bear 90 percent, or $49,500, whichever is less, of the cost of work listed in paragraph 2.a., IOD 3 · 1 OD ' ORDER NO. 96-047 above, gO percent of the cost of work listed in paragraph 3.a.(2), above, and 64.8 percent of the cost of work listed in paragraph 3.a (1), above. Pursuant to ORS 824.250, the Grade Crossing Protection Account shall bear 10 percent, or $5,500, whichever is less, of the Cost of the work listed in paragraph2.a., ·above, lOpercent of the Cost of the work listed in paragraph 3.a.(2), above, and 7.2 percent of the cost of work listed in paragraph 3. a.(1), above. Upon Completion of the reimbursable work ordered herein, Southern Padfic Lines or City of Woodbum, whichever advances the share of the cost apportioned to the Grade Crossing Protection Account, shall present its claim for reimbursement for Department approval. Made, entered, and effective John Gmssman State Traffic Engineer F:~HOME\WG_RAIL~ORDERSg'85ORD1.DOC/mh~cdl 4 I I I I I I C I I I I I / / / / / / I I I I 1 ORe 1 Od 96-047 APPENDIX A 1OD ' February 20, 1997 Docket No. 785 Misc. Contracts & Agreements No. 15214 LOCAL AGENCY AGREEMENT RAIL-HIGHWAY CROSSINGS PROGRAM PROJECT THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as 'State", and CITY OF WOODBURN, a municipal corporation of the State of Oregon, acting by and through City Officials, hereinafter referred to as 'Agency'. By the authority granted in ORS 366.770 and 366.775, State may '~nter into cooperative agreements with counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. Under such authority, State and Agency plan and propose to alter the existing railroad-highway crossing at Southern Pacific Lines (Union Pacific Railroad), and Boones Ferry Road, Woodbum, Marion County, Crossing No. C-734.50, hereinafter referred to as 'project". The project description and scope of. work is described in Department Order No. 96-047, marked Exhibit A, and by this reference made a part hereof. The project shall be conducted as a part ~)f the Rail-Highway Crossings Program under Title 23, United States Code, and the' Oregon Action Plan. The State shall be responsible for the match for federal funds. Agency shall be responsible for costs of any highway portion of the project which is not covered by state or federal funding. The Special and Standard Provisions attached hereto, marked Attachments I and 2, respectively, are by reference made a part hereof. The Standard Provisions apply to all federal aid projects and can be modified only by the Special Provisions. The parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the event of a conflict, this agreement shall control over the attachments, and Attachment I shall control over Attachment 2. 5. Agency shall adopt an ordinance authorizing its City officials to enter into and execute this agreement. EXH 16 'r- "A" 1OD Local Agency Agreement Page 2 Docket No. 785 Misc. Contracts & Agreements No. 15214 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. This project was approved by the Oregon Transportation Commission on July 20, 1994, as part of the Six-Year Transportation Improvement Program. (Page 221) The Oregon Transportation Commission, by a duly adopted delegation order, authorized the Deputy Director to sign this agreement for and on behalf of the Commission. STATE OF OREGON, by and through its Department Of Transportation Approval Recommended: Claudia L. Howells, Rail Section Manager Approved: Kenneth E. Husby Deputy Director Date This form was approved by Dale K. Hormann, Assistant Attorney General, on February 10, 1997 CITY OF WOODBURN, by and through its Elected Officials _ By Date Approved as to legal sufficiency (If required by agency) By City Counsel C:~vISOFFICE\WINWORD~TEMPLATE~C&A. DOT 1OD A'I-I-ACHMENT NO. 1 SPECIAL PROVISIONS Docket No. 785 Misc. Contracts & Agreements No. 15214 Construction work on this project is estimated to be more than $50,000. The project will be constructed by contract, let by the State. Agency shall, as a federal-aid participating preliminary engineering function, conduct the necessary field surveys, environmental studies, traffic investigations, foundation explorations, and hydraulic studies, identify and obtain all required permits, and perform all preliminary engineering and design work required to produce final plans, preliminary/final specifications and cost estimates. Agency shall acquire right-of-way in accordance with the Uniform Relocation Assistance and Real Property Acquisition A.ct of 1980, as amended. Agency insures that all project right-of-way monumentation will be conducted in conformance with ORS 209.150. Agency shall, upon State's award of the construction contract, fumish all construction engineering, field testing of materials, technical inspection and project manager sewices ~for administration of the contract. ']'he State 'shall obtain 'Record Samples' at specified intervals for.testing in the State Materials Laboratory in S~lem. Agency shall conform with requirements of the Oregon Action Plan, and if necessary shall appoint and direct the activities of a Citizen's Advisory Committee and Technical Advisory Committee, conduct any required public headngs and recommend the preferred alternative. Upon completion of the project, refer to State Order No. 96-047 for maintenance responsibilities, and any other issues that are not expressly addressed by this agreement. 1OD JOINT OBLIGATIONS ATTACHMENT NO. 2 STANDARD PROVISIONS': PROJECT ADMINISTRATION :" ' ' '"' ': ': ' :. ~. :. ~..:, - ..... : . '~ . :. - . 1. State is acting t° fulfill its r. esponsibili, tY tO the Federal Highway Adminis_t_ration (FHWA) bY the administration of this project, 'and 'Agency hereby agrees'that State shall have full authority to.carry out this adffdniStration. If requested by Agbncy, State· will further act for the AgencY in other matters pertaining to the project. State and Agency shall actively cooperate in fulfilling the requirements of tFte Oregon Action Plan. State and AgencY shall each assign a liaison person to coordinate. activities and assure th'~t the interests of both parties are considered during all phases for all projects. ' '- ' ....... ' ' '" Revised: 04/20/93 LJW026c~th #3 Any project that uses federal funds, in' projeCt develOpment, is Subject to PS&rE review and .approval by FHwA prior to advi~rtisement'' for bid. proposals, regaidl~ss of the so'urce'of funding f,.0r construction. :~ "' :"" '"' :.r. :: . . .... ..:: . .'. .. :.: ,-: :: :/-!..- .).-.-'....'.-~..._ '':: P.E:'& CO'NsTRucTION ENGINE.ERIN'.':::'-':" :'",': ::'" . . ... : :'"' .. ,:..,-..:... : .-... ~:~-7 . .' .- . ,..:'.; ~ ..:':..' · . . 2..Preliminary and construction engineering, ma); b~ ',~,:cA',.,~x;~:,~ ,.,~,~:u , , '~: e, Agency, or others. If Agency, or others, perform the engineezi~g, orate ..wi,'l! o:on~tor " the work for conformance with FHWA rules and regulati°'n's;-~'~r~;th'~"e~ent that Agency elects to engage the services of a..cons_ul, tant to perform any of the work covered by this agreement,.-~genc~;: ~rid 'C0%iiltant shall enter into an agreement describing the work to be performed and the method of pa'~Fment? State, shall concur ~n tl'ie, a~reement Cnor to the bemnmn~ of any work. No reimbursement shal! be · made'using: federal:,a~d funds' for 'any~costs' mcurri~q:l' bye' such Consultant'pnor to rece~wng, authorzzation, from-State to vroceed. ' ' ::~. ........ On' all- construction cro~ects- wliere~State.' ~s; the' s~m~ator~r- ~arty; to- the" contract, · and where-'Agency' xs doing' the constru..~,on engmeermg~and' prolect management, · 'Agency" agrees' to-accept: all- respons~bthty? for-' and' d'~f~nd: lawsmts' ~volvm~ tort cla:ms~ contract clmms; ~r any other lawsuit ~mmg ou~f' tlSe coi'~tractor s work or · A~:enc¥ s.superws~on of the' prolect. ...... ~--" .... "~- 1OD ' AUTHORITY FOR SURVEY 6. state shall prePare"an AuthOrity.. for' survey Which'w~ll itemize 'the estimate of cost for Preliminary engineering serviCes t°be provided by State; Age, ncy or others, and shall furnish Agency with a Copy of such Cost estimate. FINANCE 7. State shall, in the first instance, pay all reimbursable costs of the project, submit_al! claims for federal-aid participation to the FHWA in the normal manner and compile accurate cost accounting records. Agency may request .a statement of costs to date, at anytime, by submitting a written requesL· When the actual total cost of the project has been computed, State'shall furnish Agency'with an 'itemized statement of such final costs. ' PRO1ECr ACTIVITIES ' 8. State· shall,'if the wo~'k' is performed by Agency.Or oth:ers, i:evi'ew and process or approve all environmenltal statements, preliminary:and" fina. 1 plans, spedfications and cost estimates. State shall, if they prepare these documents, offer Agency the opportunity to'rev!e.War~d.appr0v6 the' documents pribr, tO advertising for bids. State shall prepare'contract' and bidding d'~'~r~ts;' ad'v'~;tise, for. bid prOposalS,.. award all: 'contraCts:a'~di: tipo~ 'a~'rd :'~)f a '~'~ctibn' ~r~'~t,' Perform all necessary laboratory testing of materiMs, process and pay. all contract~)r progress estimates,' check' final, qU~ih'fiti~s' '~r~a~':~o's:ts~-~ and': o~er~e~ an:d pi~o~i'~"j~tdrmittent inspection'services dUring tl~e': ~onstru~tion: phase' of the. p~;~)ject.: ~n~' a~tual cost of laboratory· testing' Services pr°'vld~d b)~"g'tate ~Vill be"'C~targdd 't°"j't'l~"'~)r~)ject c°SstrU~ti0flengineering expen~Ji't:U~:~"a'cc0'~r{~'"~nd W]li'be'i~duded i'r~ t~'~'~'~tai'cost of the project. · ..... · " 9. State Shall, as provided in 'ORS '366.155(h); pr~par~'pldn~"."~ind S~b.e~ifi~a'tions or the structure por~on only' of bridges 'and-culverts' at'no ...'eXp~e. nse to tl~e' cotmties. .10.- State is responsible f6r ~acquiSition' of the' n~cegSar?rieht;~of-waZ 'and sements for construction and mantenance of the project. Agency may request to perform the acquisition functions, subject to execution of a written agreement. State Revised: 04/20/93 LJW026c. th #3 3 IOD processing within, six months from date that costs were incurred. Partial billing (progress payment) shall be .submitted to State within three..months from' date that costs incurred. ' ' ' ....... : ..... 13; The costs records and accounts pertaining to the w. ork'covered by this agreement are to be kept available for inspection by representatives. .of State and the FHWA for a period of. three (3) yeark following the date of final payment. Copies of such record~ and accounts shall be made available upon request. For real property and equipment, the retention' P~riod' starts from the date of disposition (49 CRF_1_8.42). . This agreement is subject to.the provisions of the Single Audit: Act of 1984 (49 CFR, Part 90) as stated in Circular A-128 of the United States Office of Management and Budget. .. -.. PROIECr CANCELLATION .: 14. Agency agree_s...tha, t should they cause the project to be canceled or terminated for any reason prior to' its.. completionf Agency shall reimburse .State for any costs that have been incurred .by State on behalf of the project..~.~ o .. : " ' ". '-: ,"'.' :;:'~.';..' '.':' :" -.-.i.'-'-7":'-~''-. :.. :. '.:..y?.'. ;'. i' ~: ~i' ~ . . : - DELAYED STARTING DATE, -. :..'.i. ".W; z:~:'! ...L...~ ~ ~i:: · .v,W¥~.;~';~ ~;,.;"J ~'-, ~. --- . · 15. In. the event that right-of-way acqUisition for, or adtual const~ action.o~ the facility for which: this.' preliminary., engineering is undertaken'; is 'not started by the close of the TENTH FISCAL YEAR-following the fiscal year'i,n..whiCh;'..thiS!.agreement is executed, State.may request reimbursement of.. the sum. 0rj sumS bf, Federal;Aid funds disbursed to Agency under the terms of this agreemer~. ': .... '.-' ~ .:-- .; .~,.;~'~:~f.L-' -Z! ..,.-'.: UTILITIES · .: ~: :--; 6.- Agency shah relocate:hr: cause, to be. relocated?.all,-.Utilit~..cOnduits,rlines, poles, mains, pipe~, 'and such other facii~ties wh~e such r~10cati6~"~'S:::n:ecessary in order to conform said utilities and facilities with the plans" and ultimate requirements of the' prgject:::. Onl 'i those"utili ';'rel~aOgns which are eligible for ........ =~.__ y! .................. ty_.. ......... federal-aid participation under the FAPG, 23 CFR 645A, shall be included in the total project, costs, and.: participation;,..all.,, other.:, utility relocations s, hal,l.].be at? the sole ..expense. of Agency;.. o?:others(,:_St, ate:.will"ar'range; foi~-.ufili~ aaju~:~ents:i, ir~. a~reas lying within jurisdiction of State' anal, if State is perfor~in~itffb~';preli~ihary- engineering. Agency may request State to arrange for Utility adjustments.· lying within Agency jurisdiction, acting on behalf of Agency. Revised: 04/20/93 .','c ~. 'r?, .' . ..... . LJW026c.th #3 5 . :....:.. !- ..: WORKERS' COMPENSATION COVERAGE 21. The contractor, its subcontractors, if any, and all ~mPloyers working under this (Agreement/Contract) are subject employers under th4~ OregOn Workers' Compensation Law and shall comply with ORS 656.017, which requires thero to provide Workers' Compensation coverage for all their subject workers. LOBBYING RESTRICYION$ 22_ _Agency certifies by signing this agreement that: go No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperatiVe agreement, and the extension,, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 3. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attemptin, g to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee 6f Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard F.orm-LLL, "Disclosure Form' to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for'all' subawards at all tiers (including subgrants, and contracts and subcontracts 'under .grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352~: U.S.~.Code. 1OD Revised: 04/20/93 LJW026c. th #3 ' 7 IOE MEMO To~ From: Subject: Date: City Administrator for Council Action .~'t'~t-.-.~, Randy Scott C.E.Tech III, through Public Works Director Cemennial Subdivision, Easement Acceptance August 6, 1997 RECOMMENDATION: It is being recommended that the City Council accept the attached utility easements as described on Attachment "A', Attachment "B'and Attachment '~C". BACKGROUND: The easements are be'rog conveyed to the city for the installation of franchised utilities adjacent to Orchard Lane and Centennial Drive in conjunction with the improvement of the Centennial Subdivision Also attached is a map showing the location of proposed utility easements with each attachmem. ATTACHMENT "A" UTILITY EASEMENT ,IOE. KNOW ,~I.I. MEN BY THESE PRESENTS, that Donald L. Hagenauer and Agnes IL Itagenauer, for thc consideration of One Dollar ($1.00) and other valuable considerations to them paid, thc receipt whereof hereby is acknowledged, he, reby do forever grant unto thc CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, a permanent fight-of-way and e,a~ment over and along the full width and length of the premises described as follows, to wit: A 10.00 foot wide strip of land being a portion of lot 1 "Centennial" subdivision, City of Woodbum, Marion County, Oregon, described as follows: The westerly 10.00 feet, fight angle measure, of said lot 1. with thc right, privilege and authority, to said City, lo construct, maintain, replace, rcconsUuct, remove, and add to, a utility pipeline or pipelines, with all appurtenances incident thereto or necessary therewith, in, under and across thc said pa~mises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the fight of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the casement hereby granted. THE CITY SHALL, upon each and every occasion that such utility facility is constructed, maintained, rcplac, ed, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvement disturbed by the City, .to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. THE GRANTORS, heirs and assigns, reserve thc right to use thc premises for walkways, driveways, planting, and related purposes, and all utility facilities shall be at a depth consistent with these purposes. EX~ON: No structure shall be placed within the easement, or within 45° projection upward from the. bottom of the pipe. vo.m L. ghg~"~ '. / Accepted by the Woodbum City Council on 1996 Mary Tennant, City Recorder City of Woodburn, Oregon STATE OF OREGON ) ) ss COUNTY OF MARION ) Onthisthe // ~J~day of ..~-'v~/~ 1997, beforc me a Notary Public in and for the County and State pe~aumy ~ppeared. Donald L. Hagenauer and ~.gnes H. I-~el~.,c~' ~o';z,: to ,ir~ ;o ~ t,h~. r. ame Fe.~.~n.. wh~e nam~ are subscribed to the within instrument and acknowledged th~ they voluntarily executed the same for the purpose therein contained. IN WrrNEgg WHEREOF, I hereunto set my hand and official seal. MARY E TENNANT I NOTARY POBUO-OflGC3ON [ COMMI~.q(~I NO. 049288 l MY ~ E~,~:;~E8 NOV. 27, 1999 I Before mc: NOTAR4/' P~JLIC FOR OREGON My Commission Expires: ,OF ,9c IOE · O0 , O0 '09 2. O 0, qI . FN · OF 'Z'~I ,00 '0, ATTACHMENT "B" ,10E . UTILITY EASEMENT KNOW ALL MF_2q BY THESE PRESENTS, that Karen Hagenauer, for the consideration of One Dollar ($1.00) and other vaiuable considerations to them paid, the receipt whereof hereby is acknowledged, here. by do forever gr~t uato the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the crrY, a permanent right-of-way .and easement over and along thc full width and length of the premises described as follows, to wit: A 10.00 foot wide strip of land being a portion of lot 18 "Centennial" subdivision, City of Woodbum, Marion County, Oregon, described as follows: The easterly 10.00 feet, right angle measure, of said lot 18. with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and · dd to, a utility pipeline or pipelines, with ail appurtenances incident thereto or necessary therewith, in, under and ~a~ss the said premises, and to cut and remove from said right-of-~way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such utility facility is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvement disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways, driveways, planting, and related purposes, and all utility facilities shall he at a depth consistent with these purposes. EXCEPTION: No structure shall be placed within thc easement, Or within 45° projection upward from thc bottom of thc pipe. Accepted by the Woodburn City Council on 1996 Mary Tennam, City Recorder City of Woodbum, Oregon STATE OF OREGON ) ) SS COUNTY OF MARION ) Onthisthe t///~dayof ~-~ personally appeared. Karen Hagenaner known to me to be the same pe~on whose name is subscribed to the within instrument and acknowledged ~.at they voluntarily executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my handaad b/fi~iai ~... 1997, before me a Nolary Public in and for the County and State MARY E 1-=NNAh'T NOTARY PUBi.iO-OFEGON CO~M~StON NO. 049288 Before me: ' NOTA~t¥ PUf~C mR 0~ - My Co~ssion Expires: //- ~ ? - YY ~0£~ ,U~' ,0 'n w IOE o> · £9 ',["91 (,~9'£oz) ,..qg'.["o~' ATTACHMENT "C" ,1OE · UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Windsor Properties Ltd. and Ronald A. Smith, for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, a permanent right-of-way and easement over and along the full width and length of the premises described as follows, to wit: A portion of lots 2-17 "Centennial" subdivision, City of Woodbum, Marion County, Oregon, described as follows: The front 10.00 feet, right angle measure of said lots which abut public streets within said subdivision. with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, a utility pipeline or pipelines, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or conne, ct~ therewith; and the right of ingress and egress tO and over said above described premises at any and all times for the purpOse of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such utility facility is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors. and any improvement disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. THE GR~qTORS, heirs and assigns, reserve the right to use the premises for walkways, driveways, planting, ami ~! _ate~urposes, and all utlil~ facilities shall be at a depth consistent with these purposes. EXCEPTION: No stxu~ure shall be placed within the easement, or within 45° projection upward from the bottom of the pipe. \ Windsor Properties Ltd. / //y Accepted by thc Woodbum City Council Carl Spitzmlg¢l. Pa~t~//7~/ / Mary T, nnant, City R~rdc, Cz k-~/.~'q'] J' City ofWoodburn. O~gon Ronald A. Smith STATE OF OREGON ) Wt~6H /t~-rO~J ) ss COUNTY OI? MARION ) On this the q~' ~ay of personany appeared. ? 1997, before me a Notary Public in and for the County and State Carl SpitznagoL Par~er, of Windsor Properties, Ltd. and Ronald A. Smith known to m~ to be the same persons whose nam~ are mbsefibed to the within instrument and a~knowledged that they voluntarily executed the same for the purpose therein contained. WITNESS WHEREOF, I hereunto set my hand and official seal. · '.,,.- , / ./ NOTARY PUBLIC FOR OREGON ~ .~ . _~ ~ 1~---'-lo~;~ro, ~ ~ '~ ~ , ~Q k, ~ o~ ~ ~ ' ~ ~ ;'~I ~' ._ ' ' ,~-,~ ~ JO' ~ ~ ~'~ ' }: ~oo, ,~ ~:.,~,oo.~ ~,o.~?o.~ ......... ~.,~=. ' .- .. ~' ORCHARD LANE. !~ ' ~ ~ ~ ~' ~ ~ ' ' ~. , ~ - SUBJECTPROPER~ oo, o,oo, ~ _ , ~ ~ 80. O0 ' ~0. O0 VOlume 28, pago 1OF MEMO TO: FROM:. City Council through City Administrator Dean Momson, Assistant City Engineer SUBJECT: Acceptance of Utihty Easement as part of I-5 Pump Station & Force Mare Project DATE: August 21, 1997 RECOMMENDATION: That the Woodbum City Council accept the Utility Easement duly signed by the property owner and received by the City. BACKGROUND:· A sanit..ary sewer force main and gravi.ty sewer has been approved for an area from We~t Lincoln Street neat Cascade to the existing sanitary line at Boones Ferry and Goose Creek. Enclosed is one of the easements that will provide for such an alignment. List of signed easements: 1. Marion County Housing Authohty Tax Lot # 92290-090 Tax Lot it 92290-220 Tax Lot # 92290-239 lOG MEMO TO: FROM: SUBJECT: DATE: Administrato Public Works Program Manager Contract Award for Exterior Painting of Water Tower August 20. 1997 RECOMMENDATION: Award City of Woodburn Bid Number 98-02 for exterior painting of the 750,000 gallon water tower to Long Painting Company for $84,385.00. BACKGROUND: City of Woodburn bid number 98-02 for exterior painting of the city's 750,000 gallon water tower were opened and publicly read at 2:00 p.m. on August 19, 1997. The results were: BIDDER AMOUNT Long Painting Company S&K Painting Inc. Dunkin & Bush Inc. 84.,385.00 89,000.00 $246,000.00 This painting work involves required preventative maintenance for the tower. The painting need has been identified and Water Department funds were budgeted in this fiscal year to accomplish this work. The engineer's estimate for this project was $90,000. Staff recommends that the contract be awarded to Long Painting Company. MEMO 1OH TO: FROM: DATE: SUBJECT: City Council through City Administrator Assistant City Engineer ~3 August 21, 1997 I-5 Pump Station & Force Main Bid Results and Recommendation of Award RECOMMENDATION: It is recommended the Iow bidder, i.e., James Fowler Co., be awarded the contract in the amount of $387,067.00. Bid Results: This project was propedy advertised in the newspapers. qualified bidders with this result: James Fowler Co. - Dallas, Oregon Alliance Corporation - Portland, Oregon The engineer's estimate: There were two $387,067.00 $454,7O7.OO $411,131.00 -Iow bid is 5.9% below this estimate. BACKGROUND: This project is part of the overall sewerage improvements supported by DEQ's Iow interest loan funds. Presently, I-5 Pump Station discharges from an 8" force main into west Lincoln sewer interceptor at a point approximately 300' east of the Cascade intersection with Lincoln. The interceptor is a 10" diameter gravity line; this line is too small to continue functioning as the receiving pipe for west W0odbum sewage flow. The station has a 10 horsepower pump, a 15 horsepower pump and a 150 horsepower pump. The 15 horsepower pump is too weak to keep up with winter flows coming from west Woodbum but is too powerful for the capacity of the 10" interceptor. During winter flows, sewage backs up into manholes along west Lincoln to within four feet of manhole lids. The pipe system that will be constructed starts at present discharge point and will attach to the existing 8" force main but will be a 12" diameter line. It will continue easterly 1,047 feet, then northerly 777 feet through acquired easements and discharge into a new gravity sewer. The terminus discharge point will be a manhole in Woodbum Children's Center parking lot; the manhole will be located along the edge of landscaping bordering Hwy. 214 in the above mentioned lot (an attached map shows this pipe alignment). Two new 100 horsepower pump and motor units will replace pumps in the station; this should assure enough pumping capacity for some time into the future. The new line, even though it will be a combination of 8" existing and 12" new line, will have the capacity to transmit pump discharge volume of a 100 horsepower unit. Also, because of northerly alignment selected, sewage will be routed around downtown systems and directly to Mill Creek Station. This will remove flow load from downtown. As west Woodbum loads continue to increase in the future, a 12" line will be constructed parallel with existing 8" line; this will allow the 150 horsepower pumping unit to be placed into service. DM:Ig a:~oumpforc~bidresul.cc ~ LLI 1OH Z <:~ 101 City of Woodburn Police Department 270 Montgo .~.~reet Ken wright) Chief of STAFF REPORT Woodburn, Oregon 97071 (503) 982-2345 Date: August 18, 1997 To: Mayor and Council Subject: Sound Amplification Permit Recommendation: As the use of sound amplification devices would disturb the neighboring residences it is the recommendation that the request be denied. 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 p.ublic nuisance; provided however, that upon application to the Council permits may be granted to responsible persons or organizations to broadcast programs of music, news speeches or general entertainment. The police department has received a sound amplification permit request from Reyna Aguilera, 565 5th St. Mrs Aguilera is requesting a sound amplification permit for Saturday, September 13, 1997 for the celebration of their 50th wedding anniversary. They would like to have a musical group play music. The requested location is a single family residential area. The application is for a private party. As there will be no way to reduce the level of music so as to not interfere with the neighbors it is the recommendation of the police department to deny the request. cc applicant C :\wp51 \coun¢il\snddny .818 AU6 1 5 1997 101 .~SU...., Fo,x f--zc6 t,~ ~e Pe..,"r~ ; sst oa h~ ~~o~ ~£ va I,~o..3 eve c ~o - 7fOr~ · " lOJ TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator (~/~ Possible Garbaoe Franchise Fee Increase August 20, 1997 ACTION REQUESTED: Council discussion/determination as to whether the city should pursue an increase in the franchise fee paid by United Disposal Service. BACKGROUND: Staff is presently evaluating a request by United Disposal Service to make certain revisions to the company's franchise agreement. These include the addition of a yard waste recycling program and review/possible adjustment to other existing fees. The city council was updated on these issues at a workshop held on June 16, 1997. The question has arisen as to whether the city should seek an increase in the franchise fee in connection with the other franchise amendments. The United Disposal franchise contains a unique 'continuing' 6-year term and opportunities for changes that might be advantageous to the city are limited to occasions such*as this when the company requests unrelated changes. The last "reopener" of this franchise was in 1991. At that time, among other things, the franchise fee was increased from 2% of gross revenues to 3%. State law allows a franchise fee of up to 5% to be collected in most instances, which is the case with many of the city's other utility franchises (PGE, natural gas, cable TV). At the present time, a franchise fee increase from 3% to 4% would likely generate about $23,500 annually to the General Fund. Similarly, an increase to 5% would represent a total increase of some $47,000 per year. In light of the significant revenue losses that have resulted from Ballot Measures 47 and 50, the council may wish to consider this as an option. United Disposal officials have indicated that they are amenable to discussing a franchise fee increase. However, they have also stated that such an increase would simply be passed on to customers, which could result in some criticism toward the city. The City Attorney has not yet issued a legal opinion on the potentially complicated question of whether a franchise fee increase might constitute a 'fee shift" as defined by Measure 50 and its implementing legislation. A determination as to whether the city council desires to seek such an increase is merited before additional time is spent, in researching this question. Council direction in this regard would be helpful. 14A TO: FROM: SUBJECT: DATE: Mayor & City Council through City Administrator Planning Commission Interpretation of Section 4 (B) Sign Code August 15, 1997 At the July 24, 1997 regularly scheduled commission meeting, the commission heard testimony by the planning staff and a representative for Hillyer's Ford, Miles Chevrolet and Hershberger Motors as to their respective interpretations of what constitutes an integrated business center as described by the Woodbum Sign Code. The attached order establishes the planning commission's decision. C:~MEMO~NTERP.SIG .14A. IN THE PLANNING COMMISSION OF WOODBURN, OREGON INTERPRETATION ) ) SECTION 4 (B) SIGN CODE ) FINAL ORDER WHEREAS, a request was made for the Planning Commission to interpret the Woodburn Sign Code, Section 4 (B) Integrated Business center, and WHEREAS, the Planning Commission reviewed the matter at their regular scheduled meeting of July 24, 1997, and WHEREAS, the Planning Commission considered the written and oral testimony presented by staff and a representative for Hillyer's Ford, Miles Chevrolet and Hershberger Motors, and WHEREAS, the Planning Commission discussed the altemative merits presented by both parties, and WHEREAS, the Planning Commission instructed staff to prepare findings and conclusions, NOW, THEREFORE: It is hereby ordered by the Commission: The Planning Commission has interpreted Section 4 (B) of the Woodbum Sign Ordinance and based on that interpretation have approved findings and conclusions contained in Exhibit A, which is here to and by reference incorporated herein. Approved: (~t~ ~~" ~4~j~ James Atkinson, President Date . . 14A EXHIBIT A FINDINGS AND CONCLUSIONS I. WOODBURN ZONING ORDINANCE A. Section 2.040 Interpretation of Ordinance. 1 ) When, in the administration of this Ordinance there is doubt regarding the intent of the Ordinance, the Planning Director shall request an interpretation of the provision by the Planning Commission, which may issue an interpretation of the question if it has determined that such interpretation is within its power and is not a legislative act. Any interpretation of the Ordinance shall be based on the following: a) The purpose and intent of the Ordinance as applied to the particular section and question; and b) The opinion of the City Attorney when requested by the Planning Commission. 2) The Planning Commission may decide that the interpretation of the question is not within its power or that there is insufficient basis upon which to make an interpretation and may request the Planning Director to study the problem and, where necessary, propose an amendment to the Ordinance. 3) The interpretations shall be forwarded to the Common Council for its information. Copies of the interpretation shall also be furnished to each Commissioner and the City Administrator. When such interpretation is of general public interest, copies of such interpretation shall be made available for public distribution, when so directed by the Planning Commission. Findings: Under the Guidelines of Chapter 2 of the Woodbum Zoning Ordinance the Planning Director requested the Planning Commission interpret Section 4 (B) of the Woodburn Sign Ordinance. II. WOODBURN ZONING ORDINANCE A. Section 4. Definitions As used in this ordinance, unless the context otherwise requires: 1) lnteq_rated Business Center, A group of two or businesses which are planned and designed as a center, whether or not the businesses, buildings or land are under common ownership. Findings: An Integrated Business Center has been applied to complexes that consist of a variety of retail sales and services integrated together. Examples where one free standing 150 square foot signs have been allowed are: · Safeway/Payless Center · Mall 99E · Fairway Plaza · Lane Square 1 4A. III.APPLICANT'S INTERPRETATION OF SECTION 4 (B) Findings: The applicant's position at the Planning Commission meeting was that since Hillyer's car dealership consists of four separate business corporations, i.e., the sale of new cars, sale of used cars, rental and advertising, then that request falls under the definition of an Integrated Business Center. (see Exhibit B) The Commission finds the applicant's interpretation to be too broad. The applicant's interpretation could make allowance for a bank that sells stock, a grocery store with a pharmacy or a mobile homes sales and finance office allowed to double, i.e., from 75 square feet to 150 square feet, their existing sign size. Co The definition of Integrated Busir~ess Center is intended to say that e group of two or more stores Which are planned as a center, i.e. shopping mall, fit trois definition. Do Unlike a variance that is site specific and affects one property and requires an applicant to meet six specific criteria, this request has broader implications. This request may be site specific but the interpretation made by the Planning Commission not only affects Hillyer's Ford and Miles Chevrolet, the interpretation the commission renders could affect many other commercial uses city-wide. The Planning Commission's concern is the precedent this broader interpretation brought forward by the applicant will have on the entire community. Conclusions: A° A broad interpretation could be applied to a number of existing businesses requesting increased square footage. The precedent set could allow new commercial businesses using the same rationale of separate corporations to be granted the same treatment. The applicant's interpretation could possibly result in the area to the west of the interstate possessing the highest concentration of 150 square foot signs in the City. 14A D. The proposed result could have a marked effect on Woodbum's skyscape. Staff interprets this as a negative precedent that goes beyond the purpose and intent of the sign ordinance, and; F. Against the need for the public to be protected against sign clutter. IV. WOODBURN SIGN ORDINANCE A. Section 1. Purpose and Intent 1) The purpose and intent of this ordinance is to promote the efficient transfer of information; to balance the desire of individuals to identify their businesses and convey their messages against the desire of the public to be protected against sign duffer and the unrestricted proliferation of signs; to preserve the right of free speech exercised through signs; and to protect the public health, safety and welfare. Findings: The Commission has determined that a 75 square foot sign 35 feet in height such as the Wal'Mart and Burger King signs are adequate for a business to convey messages. Thro. ugh the years, the sign ordinance has become more restrictive in terms of the square footage of the. signs due to ~ proliferation of coo~merciai ~)usine;;~ signs. Conclusions: The Planning Commission has determined that the applicant's broad interpretation goes against the communities desire to protect the public from sign clutter and does not conform to the original intent of the ordinance. 14A EXHIBIT B APPLICANT'S REQUEST This application is for an Integrated Woodbum Sign Code for Hillyer ford. used throughout the United States. Business Center sign pursuant to Section 12 of the The sign is a normal Ford dealership trade sign th..at is The sign is a free standing monument model B1-13-73, the precise plans and specifications of which will be tendered as soon as they are received from Ford Motor Company. The sign, a drawing of which is att~hed hereto, will be 150 square feet of surface area sign, and will stand just under 35 feet above finished grade. Hillyer Ford is an integrated business, as are all automobile sales enterprises. The new Hillyer complex is home to four different businesses, including the new car dealership, the used car business, the rental car agency and the advertising business. Each of these businesses is separate and distinct from one another, and each is its own separate business entity. Attached hereto are copies of the filings done for the different businesses as a part of the corporate reorganization associated with moving into the new dealership facility. Section 4(B) of the Woodbum Sign Code defines an "Integrated Business Center" as a group of two or more businesses which are planned and designed as a center, whether or not the businesses, buildings or land are under common ownership. The Hillyer dealership neatly ~ts within the definition of. an 'Integrated Business Center", as the -new building was purposefully designe.d and constcuCted to accommodate all 'four separate businesses that function together in the same location. Section 12 of the Woodburn Sign Code specifies that an "Integrated Business center" is entitled to one free standing sign with a maximum area of 150 square feet, with a height not to exceed 35 feet. The Hillyer sign also fits within the maximum area and height allowances provided for in the code. This application meets all of the requirements of the Woodburn Code and should be approved as submitted. 14B TO: FROM: SUBJECT: DATE: Mayor & City Council through City Administrator Planning Commission Subdivision #97-03/Minor Partition #97-08 Paulus Estates August 15, 1997 At their headng of August 14, 1997 the planning commission approved, with conditions, a minor partition in conjunction with a 15 lot subdivision (see attached partition and subdivision plans). I APPLICANT: II III Paul C. Sedoruk 233 SE Washington Avenue Hillsboro, OR 97123 Len Osbourne Community Development Corporation 108 West Main Street Sheridan, OR 97347 OWNER: Windsor Properties, Ltd. P.O. Box 647 Hillsboro, OR 97124 NATURE OF THE APPLICATION: The applicant is requesting approval for the partition of Tax Lot 9100 into two parcels. Simultaneously with the minor partition, the applicant is submitting a 15 lot subdivision proposal proposed to be located on parcel #1. The applicant is not proposing any development on parcel #2. RELEVANT FACTS: The proposed minor partition and subdivision are located at the southeast corner of the intersection of Hawley Street and Wilson Street, with additional frontage on Pacific Highway 99E. It can be identified specifically on Marion County Assessor Map T5S, 1W, Section 18DA, Tax Lot #9100. The total site area is 5.31 acres. Parcel #1 is proposed to be 2.78 acres and parcel #2 is proposed to be 2.53 acres. Currently, the parent lot is zoned both Single Family Residential (RS) and Commercial General (CG). The RS zoned portion of the site is planned for residential development (less than 12 units .per acre) on the Comprehensive Plan. The CG zoned portion of the site is planned for commercial development on the Comprehensive Plan. Parcel " number #1 is proposed to be located on the RS zoned portion of the site and Parcel #2 is proposed to be located on the CG zoned portion of the site. The applicant is proposing to access the CG portion of the site via Pacific Highway 99E and the RS portion of the site via Wilson Street. The properties to the north of the subject site are zoned RS and CG. There is a small island of RM - Multi-Family Residential zoned land to the north of the site. The properties to the west of the site are zoned RS and to the east of the site are zoned CG. RS and CG zoned land lie south of the subject site. The applicant states that the RS portion of the site is vacant and is currently a grass field. The CG portion of the site is used to store manufactured homes. The applicant states that the site 'slopes gently and uniformly to the northwest at about two percent. The Iow point of the property is located at the northwest comer of the site. Sanitary sewer, storm water, and water exist adjacent to the site in the right-of-ways for Hawley Street and VVilson Street.' The proposed 15 lots., range in size'from 6,000 square feet to.7,200 square feet as shown on the preliminary plan. The applicant stated that the propos~cl homes 'Will be stick built. 14B -14B ' WOODBURN V'/c/,~'~'7'~ 14B l i ~r REC'D ~ 14B lO 'd 'ON X~ SNO0 J.NHI. IHO3H^HO ONe] JUL 2 4 1997 E:O: gI riel, L6-l~?.,-"lfiJ' woorlRI I~IM ,('~t't,~( f~ 14B II 14B 1 5A TO: MEMO Mayor and City Council FROM: Chris Childs, City Administrator Pro_Dosed Marion County Gas Tax August 21, 1997 SUBJ.: DATE: You may have seen a recent article in the Salem "Statesman Journal" (Aug. 20, 1997) which discussed the possibility of Marion County placing a 4-cent motor fuel tax, as well as a $15 per year vehicle registration fee increase, on the November 4, 1997 ballot. The proposal would divide proceeds on a 60/40 basis between the county and the various cities within the county. City distributions would be based solely on population. A subsequent article in the August 21, 1997 Statesman Journal indicated that the county may be considering a gas tax of as much as 5 cents per gallon, and also noted that a public hearing on these and other tax proposals will be held at 10 a.m. on Wednesday, August 27, 1997 at the Marion County Courthouse. We know little else about Marion County's plans or inte[~ i~.)ns in this regnrd. However, we have obtained some information about the estimated revenues from such a measure. According to the information, obtained from the Mid-Willamette Valley Council of Governments, Woodburn's estimated annual revenue from the 4- cent gas tax portion would be some $156,000. Woodburn would realize about $195,110 from a 5-cent gas tax. The city's estimated annual revenue from the registration fee increase portion would be some $113,235. ~. ~ As noted above, the allocation formulas (that we are aware of) are based strictly on population and include no adjusting factor in respect to which cities the relative percentages of fuel are actually sold. Woodburn, historically a "high volume" city in terms of motor fuel sales, would receive approximately 3.2% of the total revenues generated from this countywide fuel tax. City of Woodburn Police Department 270 Montgomery Street / Ke.n Wrigh~/~/ Chief of Po~c~//~'-~ STAFF REPORT Woodburn, Oregon 97071 (503) 982-234~ Date: August 25, 1997 To: Mayor and Council Subject: Sound Amplification Permita (~ ll[~o ) Recommendation: As the use of sound amplification devices would disturb the neighboring residences it is the recommendation, that the request be denied. 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 grante4_ to responsible persons or organizations to broadcast programs of music, news speeches or general entertainment. The police department has received a sound amplification permit requests from Antoino Flores, 830 Elana Dr. and Everardo Gonzalez, 218 Oswald St. Both are requesting sound amplification permits. Mr. Flores is requesting a permit for Sunday, September 7, 1997 and Mr. Gonzalez is requesting a permit for Saturday, August 30, 1997. I have attached the requests for your information and action. The requested locations are single family residential areas. The applications are for private parties. As there will be no way to reduce the level of music so as to not interfere with the neighbors it is the recommendation of the police department to deny both requests. cc applicants C:\wp5 l\councilksnddny C?._-;. \"'x r._.~iT ~% c ~ . o,. ~q. e C. 0 c:~anning\wastewtr, abs c:~anning\wastewtr, ab~ c:~planning\~.abs LEGEND PHASE !I SLUDGE AERATION TANKS SECONDARY CLARIFIERS CLARIFIERS SLUDGE THICKENING DIGESTERS i!~..! pRETREATMENT BLG. EFFLUENT FILTERS DISINFECTION ELECTRICAL BLG. © WOODBURN WASTEWATER TREATMENT PLANT FUTURE SITE PLAN