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Agenda - 11/25/1996 1. 2. 3. 4. AGENDA WOODBURN CITY COUNCIL 270 MOlllgomery Street · · · Woodburn, Oregon NOllember 25, 1996 - 1:00 P.M. II~'~:'~~ .8~1 A. Council minutes of November 12, 1996. B. Planning Commission minutes of October 24, 1996. C. Human Rights Commission minutes of November 13, 1996. 3A ~ ~ ;.: :. APPOINTMENTS: A. RSVP Advisory Council. 4A ANNOUNCEMENTS: B. Reminder: Aquatic Center Plaque Dedication (6 p.m. immediately preceding this meeting) C. ~t~'.~'~~!ber 28 and 29, 1996 - Thanksgiving Holiday LIBRARY: November 28 and 29, 1996 - Thanksgiving Holiday November 27 - close at 6:00 p.m. WOODBURN AQUATIC CENTER: December 2, through December 13, 1996 for annual maintenance D. Water Master Plan Open House, December 5, 1996, 4 - 8 PM E. Joint workshop with School Board - December 10, 1996 at 7:00 PM at City Hall - Informational presentation by archaeologists. Council Workshop for preliminary discussion on impacts of Ballot Measure 47 - December 16, 1996,7:00 p.m. at City Hall PROCLAMATIONS F. 5. A. Chamber of Commerce B. Other Committees 6. 7. IIMMmII_ .. . '.. " "..... ",'.', . .. . -, .. . . . . ..... ....:..........:...:.......-.,:....:..:..: .....:....... USI.~~::_~::II~';:~~C (This allows"pi:iblic"tointroduce items for Council consideration not already scheduled on the agenda.) Page 1 - Council Agenda, November 25, 1996 8. 9. ~"'HlI.R . :. -.".', .. . , . . . .. . ..... .',"",.... ..::........,.........::.:...... .:...:....:....,....... m~~EQ!:II~lt4.'~~~ A. Council Bill 1758 - Ordinance imposing an additional motor vehicle fuel tax. SA 10. .8W1m~_a 11. 12. 13. 14. .li2A A. Council Bill No. 1764 - Resolution amending the International City Managers Association (lCMA) Retirement Corporation Deferred Compensation Plan and Trust for certain City employees. B. Council Bill No. 1765 - Resolution entering into agreement with Southern Pacific Transportation Company for construction, operation and maintenance of an underground sewer pipeline. .1Qa C. Contract Award - Tractor/mower .1.QC .li2Q .1.QE D. Restricted parking - Park Circle/Park Avenue E. Resumption of full-time City Attorney position. 15. I[Ip()~lIr::II~'~mI:. "':~~II~ BrlllQII.IB. "'PlI8:j:lltI~1 A. SPR 96-16 - Universal Forest Products 1I1fF.~~.m A. Board/Committee term expirations. B. Establishment of City Well Field. C. Government Law Section Executive Committee 1JIIr._:~;- 1M ~ 15C 14A 16. 17. 18. -.........'............."......::.........'.......... . . , .-. '."'. '.. .... . " ... . . . . . .. . - .... . . . - ... . ............... ~.' " -, ......... ..... ...... ..... ,",".'" .-. ..... . To conduct deliberations with persons designated by the governing body to negotiate real property transactions (ORS 192.66-(1 )(e). To consult with counsel concerning the legal rights and duties of a publiC body with regard to current litigation or litigation likely to be filed. (ORS 192.660(1 )(h). 19. ~MIfII Pag.e 2 - Council Agenda, November 25, 1996 3A COUNCIL MEETING MINUTES November 12, 1996 TAPE READING QQQl DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTI- OF MARION, STATE OF OREGON, NOVEMBER 12,1996. CO~~~D. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuemez Present Present Present Present Present Present Present Staff Pre!ent: City Adninistrator Childs, City Attorney Shields. Public Works Director Tiwari, Commumy De\'elopmem Director Goeckritz, Park & Recreation Director Holly, Police U. Null. Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant 0020 MINUTIS. JENNINGS/PUGH.... approve the Council minnt<"$. of October 28, 1996, the special meeting ninutes of October 29, 1996, and the workshop minutes of October 21 and November 4, 1996; and accept the Library Board minutes of October 23, 1996. The motion p155ed unanimously. 0033 ANNOl.NCEMENTS. A) The public is invited to an Open House regarding the Water Master Plan scbeduled for Decenber 5, 1996 at City Hall between the 00urs of 4:00 pm and 8:00 pm. B) Mayer Kirksey invited the public to attend the plaque dedication at the Aqunic Center 01 Monday, November 25, 1996, at 6:00 p.m.. C} A pmlic hearing on the siting of a new state prison will be held in Salem aI the State FairgrOllIds on Monday, November 18th. D) A jom meeting with the School Board has been scheduled for Tuesday, De..."ember 10th, 7:0) p.m.. City Hall, at which time the Cooncil and Board will receive a report on the geolo~ical findings by the archaeologists. Page 1 - Council Neeting Minutes, November 12, 1996 3A COUNCIL MEETING MINUTES November 12, 1996 TAPE READING 0070 PROCLAMATION - NATIONAL BmLE WEEK. Mayor Kirksey proclaimed the week of November 24 - December 1, 1996 as National Bible Week in the City. 0120 CHAMBER REPORT. Randy Saunders, representing the Chamber, reminded the Council of the upcoming annual Cnamber auction which will be held at the Woodburn Fire Station on Friday, No\'embc:r 15th. He also stated that the monthly Chamber Forum will be held on November 20th. 12:00 noon, Yun Wah's Restuarant, with the guest speaker being local businessman Dan Bah on the topic of "How to get the most from the Internet" . 0140 WOODBURN COMMUNITY CENTER ADVISORY COMM.J.Tl'IUt. Included In the agenda packet were the minutes of the October 9th meeting. 0158 U:ITU FROM STATE mSTORIC PRESERVATION OFFICE. The C()UlJ;::il was notified of the recent designation of property to the National Register of Histori.: Places. The property is listed in the register as Bank of Woodburn (1890) and is 10Clted at 199 N. Front Street, 0205 Preston Tack, 2197 Camellia Way, submitted a letter for the record urging the Council thorough.'Y review the City of Lake Oswego's legislative proposals #3 (repeal or modify the expo:ited land division process) and #4 (modify the "120 Day Rule). Councilocs Pugh and Jennings requested that staff provide the Council with copies of these legislative proposals. 0344 David F~land, representing Oregon Dept. of Transportation (ODOT) employees assigned to the striping and painting road crew in the Salem area, brought to the City's attention OD01's recent decision to store paint and other dangerous f1ammahle solvents inside the OOOT maintenance building located adjacent to Highway 99E between McKinl~ St. and Blaine St.. He also stated that OOOT plans on storing two of the paint t:rud:s inside the building with paint in each trock, which is, according to OSHA, is a saf~ violation. He reiterated that this was being brought forth by the employees siD:e they feel that these paints and soh'ents should be stored within the City. Mayor Krrksey thanked the ODOT employees for caring about the residents who live in close proximity to the maintenance building. She stated that she lives across the street from the maintenance building and will be looking into this situation immediately. Page 2 - Council M.eeting Minutes, November 12. 1996 3A COUNCD... MEETING MINUTES November 12, 1996 TAPE READING ~ COUNCD... BD...L 1758 - ORDINANCE IMPOSING AN ADDITIONAL MOTOR VEHICLE FUEL TAX ON MOTOR VEIDCLE F(JEI~ ORAI.ERS FOR PURPOSES OF PAVKMENT PRESERVATION (tabled from October 28.1996). JENNINGS/FIGLEY... remove Council Bill 1758 from the table. The motion passed unanimously. Councilor Jennings expressed his apology to the public for not getting sufficient information out to the public on this subject before it was placed on the agenda as a Council Bill. He briefly explained that the Council bad elected not to hold a formal public hearing so that the Councilors could discuss this issue with their constituents. He also read a letter from Governor Kitzhaber's office requesting the City to delay consideration of this bill until after the Governor studies the State Advisory Committee's recommendation for a state-wide gas tax increase. He stated that he had discussed this issue with a number of local citizens and with Mike Sherlock who represents the Oregon Gasoline Dealers Association. Of the 19 calls he received, 7 were in favor of the tax, 12 against the tax, and of the 19, 7 wanted the opportunity to vote on the issue. He also stated that he still does not fully understand the rack price concept since gasoline prices varying so much from station to station and town to town. He reminded the public that the funds deriveq from this tax would only be used to keep up with the City's resurfacing and reconstruction program. He suggested that the public come forth with other ideas on how money can be generated to fund street improvements. Mayor Kirksey read her memo to the Council which recommends that an amendment be made to the bill which would delay the tax collection until July 1, 1997, eliminate the emergency clause, and add two Whereas clauses that (1) address the Oregon Gasoline Dealers Association support of a state-wide tax increase and (2) express Council support of a state-wide gasoline tax increase. in-lieu-of the City gasoline tax provided that the City receives gas tax funds in an amount not less than the anticipated $200,000 per year that would be generated by a 2 cent gasoline tax. She stated that she bad received over 20 telephone calls on this subject with the tally being about 50% on each side and those that called today were receptive to the above amendment. In her opinion, this gives the Governor and State Legislature 7 months to come up with a state-wide plan that will benefit all jurisdictions. 0782 Councilor Pugh stated that he bad received 24 telephone calls of which 80% were against the proposed tax increase. In his opinion, he feels that the work being prepared at the Governor's office should be seriously considered and he supports the concepts outlined by the Mayor. He stated that the City needs money to maintain its streets, however, he felt that the any action should be deferred until the Governor's plan is presented to the legislature. Councilor Figley stated that she had received 14 calls of which 4 were in favor, 2 offered no opinions, and 8 were against the tax increase. She outlined the following Page 3 - Council Meeting Minutes, November 12, 1996 3A COUNCIL MEETING MINUTES November 12, 1996 TAPE READING options that she sees at this time: 1) continue the current practice, 2) enact the increase and utilize the funds for necessary street improvements, or 3) refer a bond issue to the voters. She is willing to support a gas tax but she is not willing to vote on immediate enactment until the Governor's Task Force comes out with a recommendation. She also supports the referral of this issue to the voters. Councilor Hagenauer stated that he had received approximately 30 calls of which 10 were in favor, 15 against, and the balance were neither for or against the proposed tax. He agreed with the Mayor's recommendation to defer collection until July and eliminate the tax if the City receives the amount of estimated funds that would have been collected if the 2 cent tax was imposed under the ordinance. Councilor Sifuentez stated that she had received 28 telephone calls of which 16 were in favor, 10 against, and 2 calls requesting information only. She expressed her support for the Mayor's recommended amendments to the proposed ordinance. She also stated that the proposed tax is a user tax that is paid by all motorists, therefore, the full cost of improvements are not borne by the property taxpayers of the City. Additionally, she has not understood why Woodburn has paid high gas prices over the last five years when compared to same stations in Canby and Salem. Councilor Chadwick stated that she had received approximately 70 telephone calls of which all but 2 calls were against the proposed tax. She also expressed her confusion as to why local gas prices are at least 11 cents higher than the price of gas in Canby. In her opinion, the objections were from senior citizens many of which are on fixed income. She expressed her support of the Mayor's recommendation. 1024 Administrator Childs stated that he had contacted the City's Bond Counsel, Richard Roberts, to review the proposed ordinance and, in his opinion, it does comply with the new restrictions imposed by Ballot Measure 47. He also stated that staff is also recommending two technical changes to the bill suggested by Attorney Roberts. 1150 Frank Calderone, 2085 Salal Road, spoke in opposition to the proposed tax and questioned the need for Woodburn to be one of only 3 cities to even bave a gas tax in place. Majorie DeBoie, 1850 Sallal, opposed the tax and expressed concern not only for the loss of business the station owners will incur but all other businesses in the interchange area since many motorists stop to buy gas and eat before continuing on their travel down the freeway. Fabian Bell expressed his opinion that taxation is getting out of control. If the action is taken state-wide, then all motorists would pay a tax rather than placing the burden on our station owners to increase their prices even more and ultimately lose their business. Page 4 - Council Meeting Minutes, November 12, 1996 ~ 3A COUNCIL MEETING MINUTES November 12. 1996 TAPE READING Ken Alexander. 575 Woodland, stated that residents are already taxed too much for the services that are being provided and he is opposed to the proposed gas tax increase. 1330 Gary LaPoint. 10618 Crosby Rd. NE, stated that he bas been looking into putting a Iiew station in town near the freeway, however, the proposed tax reminds him of a personal experience in losing a gas station business he had for 10 years near the MultnomahlWashington County border. Multnomah County has a 3 cent tax and Washington County had their tax repealed by the voters. With his close proximity to Washington County, motorists started bypassing his station to buy gas at stations in Washington County to avoid the tax. He suggested that the Council also lobby the League of Oregon Cities to support a state-wide gas tax. Additionally, he felt that the City should get the full 5 cent tax that is collected by the state for gas sold at Woodburn stations rather than settling for the approximate $200,000 which is generated by a 2 cent tax. 1700 State Representative Patti Milne, 2330 Miller Farm Rd., appreciated the fact that the Council would like the legislature to look at a plan for a state-wide increase, however, she also suggested that a Task Fotte be formed consisting of Councilors. City staff, and station owners to look at available options before a gas tax is implemented. Bob Barman, 2990 Newberg Hwy., stated that he is the owner of the Woodburn Chevron station located near 1-5. He is also a Uni-Cal dealer in Canby selling gas at $1.189 per gallon versus $1.339 per gallon in Woodburn. The margin that each station makes is within 1 cent. The Woodburn station has to purchase the gas directly from the oil company while the Canby station purchases from an independent dealer at a lesser cost. He strongly opposed the tax which, in his opinion, would greatly impact his business and he feels it is very unfair of the Council to place such a burden on the station owners. Over the last few days, he obtained signatures from approximately 2,500 customers who had come to his station objecting to the proposed tax. The petitions were submitted into the record. Marc Nelson, 990 Cupids Knoll Rd, Monmouth, stated that be owned the Commercial Fueling station at the Highway 99FJY oung Street intersection. In his opinion, adding the 2 cent tax will impact his business since there are other commercial fueling stations located within close proximity of Woodburn which do not incur the tax. Within the last 5 years, no city or county has passed a gas tax. He cited an alternative method used by the City of Monmouth which was to pass a city-wide bond measure. He also suggested that a Committee be appointed to look at alternative futx'ling method. In his opinion, the Council would be doing a disservice to the citizens if they passed an ordinance without going to a vote of the people. 2336 Mike Sherlock, Eugene, Executive Director of the Oregon Gasoline Dealers Association, spoke in opposition to the 2 cent gas tax. He suggested that the Council thoroughly review how this tax would impact not only the station owners but the other businesses in the area. He suggested that the Council give the Governor an opportunity to develop a state-wide plan rather than working independently to impose a tax. H the Council decides to proceed with the tax, he urged them to refer the ordinance to the voters. In Page 5 - Council Meeting Minutes, November 12, 1996 3A COUNCIL MEETING MIN1ITES November 12, 1996 TAPE READING regards to the effective date, he suggested that the date be later than July 1997 since the legislature may not come to an agreement until the latter part of the session. He reiterated that cities need to take an active part to get a stilte-wide package adopted and the Gasoline Dealers Association is in support of a state-wide gas tax that is fair to all jurisdictions. 2647 Barbara Lucas, 214 E. Clackamas CI, read a letter in support of the proposed gas tax. It is unknown as to what the City would receive from any state-wide gas tax whereas the 2 cent gas tax would generate approximately $200,000 annually for street improvements. Imposing the gas tax would not place the entire burden for street improvements on the City property taxpayers. Barbara Rozcko, 339 N Fifth St., expressed her frustration with all of the privilege taxes on utility bills and increased sewer bills that have been imposed on city residents over the last few years. She strongly opposed the proposed 2 cent gas tax. 2971 Dan McConnell, 692 Hwy 99E, stated that he owns Woodburn Taxi Service which operates within a 100 mile radius of Woodburn. He continues to purchase his fuel in Woodbum, however, he does feel that the residents are taxed too much. He was not in total opposition to the tax provided that priorities are followed and he named numerous streets that needed improvements along with some gravel and/or dirt roads that need to be paved. Tape 2 Bill DePizza, 474 McLaughlin, commended those who have already spoke on this issue. In his opinion, local residents are already taxed too much and the City should wait until the Governor makes up his mind about a state-wide tax. He also feels that the people should have an opportunity to vote on this issue. Gary Hammack, 695 N Settlemier, expressed his opinion that no more taxes should be imposed by the Council. Mark Crow, 1516 Newberg Highway, spoke in opposition to the tax and questioned how gas tax revenues received by the City are currently spent. He expressed concern regarding language placed in the ordinance that would defer the implementation since it would still put a tax in place if certain conditions are not met by a state-wide tax increase. If the City would meet with the station owners, a tax would probably still go into effect at some point in time. 0269 Mayor Kirksey expressed her appreciation to the audience for their comments and she suggested that the implementation date be delayed to September I, 1997. She reiterated her support for a state-wide gas tax and her intent to actively work at the state and local levels to put pressure on the legislature to take some action to solve this state-wide problem. A lengthy discussion was held by the Council on the merits of referring the issue to the voters as part of the ordinance or to pass the proposed ordinance, with amendments suggested by the Mayor and staff, and let the voters fIle a referendum petition to bring the issue to a vote. Page 6 - Council Meeting Minutes, November 12, 1996 3A COUNCn.. MEETING MINUfES November 12, 1996 TAPE READING 0672 PUGHlBAGENAUER.... Council Bill 1758 be imposed with the corrections on the memo from Mayor Kirksey dated November 12, 1996, which delays the tax implementation to Sept:embCr 1, 1997, eliminates the emergency clause, and adds the Whereas clauses so stated in the memo (see attached). Further discussion was held regarding the question of referring the issue to the voters. 0900 JENNINGSIFIGLEY... amend the proposed ordinance to include language that would refer the issue to the voters at the next available election date. On roll call vote, the vote was 3-3 with Councilors Pugh, Hagenauer, and Sifuentez voting nay. Mayor Kirksey voted nay to defeat the motion. On roll call vote for the original motion, the vote was 3-3 with Councilors Chadwick, Figley, and Jennings voting nay. Mayor Kirksey voted aye to pass the motion.. Administrator Childs suggested that the Council Bill be brought back at the next regular meeting with the amendments. JENNINGS/FIGLEY....table until the next regular meeting. 1be motion passed unanimously. 1064 Mayor Kirksey called for a recess at 9:06 pm and the meeting reconvened at 9:20 pm. 1103 COUNCIL BILL 1760 - IlR'\OLUTION ENTERING INTO AN AGREEMENT WITH MOSS ADAMS ADVISORY SERVICES FOR DATA PROCESSING STRATEGIC PLAN. Councilor Hagenauer introduced Council bill 1700. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1700 duly passed. 1142 COUNCIL BILL 1761 - R&'\OLUTION ADOPI'ING A COMPETENCYIMERIT SALARY STRUCTURE FOR MANAGEMENT AND NON-UNION EMPWYEES: AUTHORIZING PLACEMENT OF INDIVIDUAL EMPWYEES ON THE SALARY STRUCTURE: PSTABLISHING RULES OF IMPLEMENTATION: AND REPEALING RESOLUTION NO. 1681. Council Bill 1761 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Pugh expressed concern regarding the adoption of this bill prior to knowing the full impact of Ballot Measure 47. Mayor Kirksey stated that this question had been brought up at the Council workshop on this issue and it was the consensus of those members present that implementation should not be delayed because of Ballot Measure 47 since this type of a study should have been done several years ago. Page 7 - Council Meeting Minutes, November 12, 1996 3A COUNCIL MEETING MINUTES November 12, 1996 TAPE READING Councilor Figley spoke in favor of this bill which would compensate employees fairly for work being performed. The proposed competency/merit salary stmcture will pay . those exceptional employees for their work at a higher level than those who only meeting the established standards. In regards to Ballot Measure 47, she stated that she has experienced working through layoff plans and those employees who continue to work for the City need to be fairly compensated for the extra work that will be expected from them. Councilor Sifuentez stated that she also has a problem with the passage of Ballot Measure 47 in that she would like to use all available funds to preserve jobs. Councilor Jennings encouraged the passage of the bill so that the Council does not send out a message to the employees that could initiate poor employee morale. On roll call vote for final passage, Council Bill 1761 passed unanimously. Mayor Kirksey declared the bill duly passed. ill.Q COUNCIL BILL 1762 - RESOLUTION ENTERING INTO AN INTERC'...oVRRNMRNTAI~ AGRRRMIlNr WITH CHRMRICETA COMMUNITY COLT .F.GE FOR PARTICIPATION IN TIm CHRMRICETA COOPERATIVE REGIONAL LIBRARY SERVICE (CCIU .,S). Council Bill 1762 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1762 duly passed. 1548 COUNCIL BILL 1763 - RESOLUTION OPPOSING THE SITING AND/OR CONSTRUCTION OF NEW STATE-RUN ADULT CORRECTIONAL FACILITIES IN MARION COUNTY. Councilor Hagenauer introduced Council Bill 1763. The bill was read by title only since there were no objections from the Council. Mayor Kirksey stated that she serves a Mayor's coalition which opposes the citing and! or construction of an adult correction facility in Marion County. She bad requested this resolution which will be submitted as part of the public hearing process to be held in Salem on November 18th. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1763 duly passed. 1737 SPECIAL MEETING PROCEDURAL CHANGES. Mayor Kirksey read her memo recommending the inclusion of "Staff Reports" and "Mayor & Council Reports" as part of the agenda with a disclaimer that no formal action will be taken by the Council as a result of these items. Additionally, she recommended that the Council add "Public Input" to the special meeting agenda to give Page 8 - Council Meeting Minutes, November 12, 1996 3A COUNCIL MEETING MINUTES November 12, 1996 TAPE READING the public an opportunity to bring up an issue of concern that may not be included as part of the agenda. PUGHlFIGLEY.... adopt the recommendations made by Mayor Kirksey. The motion passed unanimously. 1895 AMERICAN HRART ASSOCIATION - DOOR TO DOOR SOLICITATION.S The American Heart Association has requested permission to conduct door-t<H1oor solicitation during their annual campaign between February and March 1997. Administrator Childs recommended that their request be granted and that the solicitation be confined to the hours between 8:00 am and 5:00 pm. JENNINGSIFIGLEY..... permit the American Heart Association to conduct a door-to- door and informational fund raising campaign between February I, 1997 and March 20, 1997 and the solicitation be restricted to the hours between 8:00 am and 5:00 pm. The motion passed unanimously. 1915 CLAIMS FOR THE MONTH OF OCTOBER 1996. SIFUENTEZJPUGH.... approve voucher checks #34049 - #34501 issued during the month of October 1996. The motion passed unanimously. 1934 STAFF REPORTS. A) Preliminary Special Election Results - As of November 12, 1996, the tally of votes was as follows: Measure 24-80 - Advisory Ballot: 1,951 Yes Votes 2,229 No Votes Mayor Position Nancy Kirksey 3,302 Write-ins 200 Councilor Ward I Dick Pugh 876 Write-ins 26 Councilor Ward IT Dick Jennings 357 Write-ins 11 Councilor Ward VI Elida Sifuentez 201 Write-ins 9 There are still ballots yet to be counted and a final certified tally of votes will be submitted at a later date. B) County Proposal for Traffic/Storm Water System Development Charges within the City's Urban Growth Boundary -- A tentative understanding has been reached between the County officials and City staff that would impose Traffic and Storm Water SDC charges on developments within the City's Urban Growth Boundary that is equal to the City's current charge plus 20%. Funds collected will go towards joint projects in the area of transportation and storm water improvements. A public hearing will be held Page 9 - Council Meeting Minutes, November 12, 1996 3A COUNCn.. MEETING MINUTES November 12, 1996 TAPE READING before the Board of Commissioners in December after which, if approved by the Commissioners, an agreement will be brought to the Council for approval. C) Status Report on Basement Remodeling Project - Request for Proposals for architectural services has been distributed and the deadline for submitting proposals has been extended to mid-December, therefore, the project will not start until after July I, 1997. With the recent passage of Ballot Measure 47, this project will be re-evaluated and a recommendation will be forwarded to the Council for their consideration. D) Hermanson Neighborhood Watch Group Concerns -- A copy of a letter sent by City Attorney Shields to the Department of Justice was included in the packet for the Council's information. E) Parr Road Preliminary Engineering Issues - Public Works Director Tiwari gave a 15-minute presentation on issues surrounding the improvements to Parr Road which includes two separate projects: 1) formation of a local improvement district from Settlemier Avenue west to Centennial Park, and 2) improvement of the current railroad crossing at Settlemier A ve/Front StlBoones Ferry Rd. intersection. He reviewed estimated costs for each project and provided a brief overview of funding alternatives which would involve the City, State, Railroad, and the Loca.llmprovement District. 2743 CITY ADMINISTRATOR'S REPORT. At the November 4th workshop, some of the Councilors indicated that they had not received a copy of the Chamber's request to receive more funds from the hotel/motel tax money collected by the City. Extra copies of the letter were made available at the meeting. In regards to the upcoming League of Oregon Cities conference, a primary and secondary voting delegate needed to be selected prior to the conference. It was the consensus of the Council to have Mayor Kirksey serve as the primary voting delegate and Councilor Hagenauer serve as the secondary voting delegate. 2852 MAYOR AND COUNCn.. REPORTS. Councilor Figley congratulated the owners of the Bank of Oregon building on their recent designation in the National Register of Historic Places. Councilor Jennings questioned if a workshop would soon be held on the effects of Ballot Measure 47. Mayor Kirksey stated that a workshop will be held on December 16th which will give the staff sufficient time to obtain the estimated [mancialloss imposed by the ballot measure. Discussion was held regarding the participation of the boards, commission, and committee members at this workshop. It was the consensus of the Council that this Page 10 - Council Meeting Minutes, November 12, 1996 ~ 3A COUNCn.. MEETING MINUTES November 12, 1996 TAPE READING workshop would be for the Council and a subsequent workshop would be held with the boards, commission, and committee members. Councilor Figley requested that the Council be provided with some information on this issue prior to the workshop. 3358 ADJOURNMENT. JENNINGSIFIGLEY.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:16 p.m.. APPROVED NANCYA.~EY,MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 11 - Council Meeting Minutes, November 12, 1996 3A MEMO. TO: City Council FROM: Nancy A. Kirksey, Mayor of Woodburn SUBJ.: Amendments to Gas Tax Ordinance DATE: November 12, 1996 In addition to amendments to the proposed ordinance researched and presented by staff, I recommend that the Council adopt the ordinance with the following additional amendments: 1. Delay the tax collection implementation date (Sec. 30) to July 1, 1997. 2. Eliminate the .Emergency Clause. (presently Sec. 31 of the proposed ordinance). 3. Add the following additional .Whereas. clauses to the proposed ordinance: WHEREAS, the Oregon Gasoline Dealers Association advocates increasing the statewide gasoline tax by up to an additional five cents per gallon; and WHEREAS, the Woodburn City Council supports the Oregon Gasoline Dealers Association proposal to increase the statewide gasoline tax, particularly if the additional funds are earmarked for distribution to the respective cities of Oregon; and WHEREAS, upon passage of any statewide motor fuels tax that would ensure the City of Woodburn the same level of revenues that would be generated by the tax contemplated in this ordinance, it is the intent of the Woodburn City Council that this ordinance then be immediately repealed; MINUTES WOODBURN PlANNING COMMISSION October 24. 1996 3B 1) ROll CAI.l: Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mrs. Bjelland Mr. Atkinson Mrs. Warzynski Mrs. Henkes Mrs. Schultz Mr. Will Mr. Lawson Mr. Frawley Mr. Palmer Present Present Present Present Absent Present Present Present Present Staff Present: Steve Goeckrltz. Community Development Director Teresa Engeldinger. Assistant Planner Naomi Tejeda. Assistant Planner Nancy DeVault. Secretary 2) MINUTES: Commissioner Warzynski questioned item *5 of the minutes. The Commissioner questioned why the Commission was voting on it a second time when it had already been denied during the original public hearing for the zone change. Staff concurred that It was denied. He explained that the vote was necessary because the Commission Instructed staff to come back at the meeting with the final order. The final order laid down the reasons and the rational as to why the denial was substantiated. Staff further stated that the Commission was to look at the final order and agree or disagree with it. Commissioner Warzynskl moved to approve the minutes of October 10. 1996 as written. Commissioner Henkes seconded the motion. A vote was taken and the minutes of October 10. 1996 were accepted as written. 1 3B 3) BUSINESS FROM TI-lE AUDIENCE: None 4) COMMUNICA11ONS: Staff announced that the City has received the Rural Fund Award for the Downtown Development Plan Project. Staff further stated that It Is a joint cooperative effort between the Woodburn Downtown Association (WDA) and the City of Woodburn. The WDA Is puffing dollars Into the project as well as the City and we were able to receive approximately $35,000 and move forward with that project. Staff stated that what makes this a really Interesting program Is the fact that we have not only the participation of a group of private citizens representing the WOA, but also are willing to put their dollars out to make this work. Staff will be looking for a consultant to work with the City and the Woodburn Downtown Association. MY plan that Is proposed will come to the Planning Commission for review. Staff stated that the planning process will be plece-mealed to the Commission over a period of about six (6) to eight (8) months. Staff also announced that a letter was received from the State Informing us that the Woodburn Bank located on Arthur and Front Streets which was built In 1890, Is now on the National Register of Historic Places. Staff Introduced the new Assistant City Planner, Noeml Tejada and the Building and Planning Secretary, Nancy DeVault. Commissioner Lawson asked whether the Commission will receive a copy of last years goals for the City before the meeting for their review. Staff will talk with the City Administrator regarding this to ensure that these get out to the Commission. 5) ClOSED PUBUC HEARING: A. Site Plan Review 96-14, Sllvercrest Western Homes Nature of the Application Is a storage building located In Industrial Park on Progress Way. Staff reported that the applicant Is asking for expansion of an existing facility. Mythlng above 4,000 square feet whether It be industrial or commercial, does require that Site Plan Review and 2 . : 3D Public Hearing be held. The only conditions that Staff have for them Is to clean up their landscaping on the road frontage. Staff recommended approval as long as the conditions established in the Staff Report are met. Commissioner Palmer questioned staff whether the required Fire & Ught Safety Review had been completed. Staff stated that the Fire & Ught Safety Review required through the Marion County Building Department. is conducted by their engineers. Commissioner Will questioned the condition regarding cleaning and maintaining the landscape. to what exten1? Staff informed them to clean up trash that has collected in the bushes. Staff indicated that they are pretty good about complying with this request. We just wanted to remind them again that we would like them to keep the road frontage trash free. Commissioner Atkinson wanted to clear up an item of the Staff Report. page two (2). Section 10.101 of Chapter 10 of the Zoning Ordinances. He stated that they only go to 10.08. He stated that this might be a typo. Staff concurred that this needed to be corrected. Testimony by the Applicant. Steve Craig, Western Homes Sllvercrest. SlIverton. Staff Informed the applicant that he must submit a Building Permit once the Commission approves his request. Staff Informed the applicant that a Building Permit with Marlon County takes approximately four (4) to six (6) weeks to process. There was no testimony from opponents or proponents to the project. Chairperson Atkinson moved to close the hearing. Commissioner Palmer motioned to approve Site Plan Review 96-14. Commissioner Frawley seconded the motion. 3 3B 6) DISCUSSION ITEM: A. Ordinance Interpretation - Foster Farms Staff stated that Jim Nash, who Is representing Foster Farms, would like to have the commission hear what his Interpretation of what constttutes poultry and what doesn't. Mr. Nash is Interested In putting the facility, which he describes in his memo to the Commission dated October 17, 1996, in a light industrial zone. Staff's interpretation Is that a chicken Is a chicken but on the other hand, we have to give those Individuals an opportunity to further Interpret what a chicken Is and give their side of the story. Staff further added that the commission has the right to make Interpretations of definitions as to how broad or how narrow those definitions or usages should be. Jim Nash, resident of Merced, California and an employee of Foster Farms, passed out revised versions of what was sent to the Commission along with color photos. Mr. Nash reviewed the letter, summarized his project, and explained the photos. Accompanying Mr. Nash tonight were Dennis Strand, Company Engineer, and Rob Rubebottom, Hatchery Person for the State of Oregon. Mr. Nash discussed two Issues: a.) There Is to be no livestock or poultry In the City IImi1s. Mr. Nash stated that It seemed to him that as the City became more urban and less rural there may have been a hold over of people wanting to have chickens or livestock. A ruling was made for the good of the City that those were not compatible uses within the City. Mr. Nash stated that his presence tonight was to try to expel any Ideas that his operation would be anything like that. b) Hatcheries. Mr. Nash further stated that the other definition says nothing about hatcheries because there are not that many of them. Mr. Nash stated that It was his understanding that the zoning ordinance did not address this. Mr. Nash explained to the Commission that a hatchery Is a concrete tilt up building of about 50,000 square feet. Outside there would be parking lot 4 3D and landscaping. Inside the building they hatch out baby chickens. Therefore, they would want clean air and sanitary conditions. Mr. Nash described the hatchery operation. At full capacity, Mr. Nash stated they expect to have approximately three (3) to five (5) truckloads of eggs coming In each week. He stated that when the eggs are taken inside the building the truck backs-up at the dock and the eggs are taken Into the building and placed In trays that are placed. on racks and then Into cabinets for twenty-one (21) days. Mr. Nash further added that during this time they circulate warm, moist air around the eggs. He stated that a source of clean air Is very Important to them. At eighteen (18) days old they take them out of one of the cabinets and place them Into a different cabinet and a different type of tray because atter three (3) more days, they are going to hatch out Into little chicks. More air is circulated until the chick is ready to crack It's way out of the shell. Mr. Nash further explained that when the chick comes out, this is the point where their life starts out In the world and sanitation is very Important. Mr. Nash stated that at this point the chicks have very little resistance to disease. Therefore they do not want these chicks to be any place near older chickens that have come In contact with disease. This Is why they want to have the hatchery In a place like the Industrial Center. Mr. Nash explained that the chicks don't need to have any feed or drink, and they are only in this building for less than one day. They go out anywhere from a few hours less than to a few hours older than one day. Mr. Nash explained that 110 chicks are placed Into baskets and then loaded onto pallets and wheeled Into a truck. Mr. Nash further stated that there is a heating system underneath the truck that keeps the chicks warm as they go down the road. Mr. Nash explained that they are Insistent on sanitation, so they thoroughly clean things between hatches In preparation for the next set of eggs. He stated that the building Is totally enclosed and Is climate controlled. The cabinets are Inside of a larger building. Mr. Nash stated there Is no Inside/outside exposure. People are not allowed to come In and out of the hatchery and Incoming/outgoing trucks fit up tightly to the docks. Mr. Nash explained how this compares to a poultry ranch: 1) In a hatchery chicks are never on the ground or floor. They are eIther In a tray or a basket ready to go out. On the ranch they are on the ground or In a cage and they could be exposed to the elements, 2) There is no feed or water given to the chicks. On a ranch the chicks require Increasing amounts of feed and water as they grow. 3) There is no manure produced in a hatChery. 5 ~ . 3D 4) The hatchery is a totally enclosed building. The Incoming air Is filtered, and the outgoing air Is scrubbed with water. There are no openings. Out at a ranch It Is possible for dust and feathers to blow, files etc. Mr. Nash read letters from neighbors of their Fresno, California hatchery. Commissioner Will Inquired about the wastewater as It relates to the usage of chemicals and water volume at the hatchery. Dennis Strand replied that In their other facilities the wastewater stream goes Into the sanitary sewer system. He stated they use mild washing solutions to clean the hatchery. Mr. Strand stated that there are no hazardous materials that are unusual to a hatchery operation. He further stated It Is quite similar to that of a food processing type of environment as far as the wash down and soaps utilized. Mr. Strand Informed the Commission that it would not have an Impact on the wastewater. Mr. Strand stated they project that In this hatchery the Incoming water volume would be approximately 40,000 gallons per day. He further added that the disposal water would be about 3/4 of the total Incoming water. Mr. Strand explained that they own the chicks and they send them to company owned ranches or contract growers. Mr. Strand stated that In both these cases, they still own the chicks and they come to the processing facility when they are of market age. He Indicated that the chicks are not sold. Casualties are either vacuumed Into a closed container or a pressed Into bales that go to a land fill or to a processing plant. Commissioner Palmer Inquired about the Zoning Ordinance, Section 35- 010, G-1. Auction House or Market livestock or poultry sale. Vice Chairperson Atkinson questioned whether there was sale on these premises. Mr. Strand assured the Commissioner that no sales are conducted on the premises. He further added that the chicks are for their own use. There Is no customer sales associated with this facility at all. Commissioner Warzynskl asked Staff If the Industrial Park has rules, regulations and limitations on what kind of Industries are permitted. Staff replied that the only rules, In regards to the type of businesses going in Industrial Park. are within the City's Zoning Ordinances. Staffs primary concerns are the level of affluent how that affects our treatment facility, and the smell. 6 .. ~ ..'''''. 3D Commissioner Frawley asked how long would this process take to amend the ordinance and would this company be In a position to wait that length of time for the Commission to get this change made. Staff responded that the evaluation could be started this year. Commissioners were concerned regarding odor. Rob Rubebottom, Hatchery, Foster Farms, stated that there really Isnlt any noticeable odor around the hatchery because It Is totally enclosed with an Internal vacuum system that cleans the air. Everything stays Inside the hatchery, and everything Is filtered. Rob stated there are two hatcheries currently in Oregon, Lyons and Oregon City. Commissioner Lawson made the motioned that staff be Instructed to prepare draft changes In the Ordinance, and bring them back to the Commission. Commissioner Henkes seconded the motion. The motion passed. 7) REPORTS: Overlay Zones: Staff made an overview of overlay zones: a) Flood plain areas - 100 year fiood plain. b) Type that would Identify certain properties within the Community that would be used for specifiC uses In the future. Staff further explained that Overlay Zones puts people on notice that there may be a potential use In the future that Is different from the zoning designation that they have presently Identified under. Staff reviewed the Resolution for an Expedited Subdivision which was passed by the Commission. Other items in the packet were also reviewed and discussed. 7 ......r . ''''1' 3D 8) BUSINESS FROM lHE COMMISSION: Commissioner Wills shared a survey with the Commission and Council. He stated he will be gone November 4th. Staff recommended to Commissioner Will that he provide them with any comments, insights or goals that he would like to have discussed on November 4th so that they may be provided to Council. 9) ADJOURNMENT: Commissioner Palmer made the motion to adjourn the Planning Commission meeting. A vote was taken, the Planning Commission meeting adjourned at 8:15pm. 8 r. _HUMAN.....,..- 3C Meeting Minutes - November 13, 1996 Upstairs Conference Room - City Hall I. ROLL CALL Members Present: Dave Fischer Doyne Deos Marilyn Landeen Jody Fischer Wendy Veliz Staff Present: Ken Wright Nita Marr Guest: Stephen Schoonmaker, Human Rights Analyst, City of Salem II. AGENDA ITEMS A) Meeting was called to order by Ken Wright, who announced a change in the agenda order - to begin with guest presentation. D) Stephen Schoonmaker, Human Rights Analyst, City of Salem 1) Chief of Police Ken Wright introduced the guest and thanked him for taking the time and interest to make a presentation to the Woodburn Human Rights Commission. 2) Mr. Schoonmaker began with a brief history of his position, which he has held for the past four years, and of the City of Salem's Human Rights Commission, which was formed 32 years ago, and has spent the past four years refocusing their efforts and direction. The Salem HRC is comprised of 1 5 commissioners, each serving a 3-year term and eligible to serve a second term. The Commission is empowered by the City Council, charged with responding to complaints of discrimination, and is working toward an improved quality of life within their community. 3) The Commission works on a committee system in order to handle all the activities and assignments that fall into their authority. Each committee and the Commission meet once monthly. Affirmative Action Committee - works in concert with the City Council to ensure/revise/monitor the City's affirmative action plan. A Commissioner routinely participates in hiring interviews for police officers. Education & Outreach Committee - prepares and provides information for relevant speaking engagements within the community, also promotes and conducts displays regarding diversity issues, celebration of Human Rights Day, etc. 3C Disability Issues Committee - an independent living center resource which provides information on how to live independently. S.C.A.L.E.S. (Salem Cultural Awareness with Law Enforcement Services - conducts a citizen police academy to educate citizens about how the police department works, policies and procedures, etc. A.D.A. Committee (Americans with Disabilities Act) - reviews and monitors the City for total compliance with the Act. 4) The Commission averages 30 complaints annually. Two commissioners meet with the complainant and then meet with the opposite party. They mediate between both sides to seek a resolution. The Commission has a listing in the phone book, publishes meeting notices in advance in the newspaper, and holds public meetings, and holds public forums in an effort to be readily accessible to the public. They try to meet in a place other than City Hall in order to diminish the feeling of bureaucracy. The Commission submits quarterly reports to the City Council. Mr. Schoonmaker stated the effectiveness of the Commission is from good commissioners who are sincere in their desire to help someone who has felt discriminated against. 5) Ken Wright asked about the Education & Outreach Committee and how projects are chosen. Mr. Schoonmaker stated that the Commission never turns down a request. Their only limitations are due to the resources of people, time and money - not by ideas or avenues. He had suggestions on some other groups which our commissioners might like to attend to get an idea of what is being done in other communities. Those include Portland's Dynamic Differences, Eugene's Prejudice Reduction, and the Salem Human Right Commission (they meet the second Thursday of each month at 7: 30 p.m. at the Salem Senior Services center at 1055 Erickson Street NE. He also suggested a training done by Marco Benavidez - Cultural Competency. It is a two-day training and includes a manual. He also suggested viewing a video entitled "Not In Our Town". 6) When asked about how a group gets the ball rolling Mr. Schoonmaker offered the following formula for Transformational Change: VISION x COMMITMENT x NEXT STEP (CONFIDENCE IN) = TRANSFORMATIONAL CHANGE Vision - Common understanding of a 5-10 year vision of where we want Woodburn to be Commitment - Degree of motivation by community and staff Next Step - Confidence in our next step If our Vision level is 8, our Commitment level is 8 and our Next Step level is 8, the result is 8 x 8 x 8 = 512, which gives us a 51.2% chance of successful transformational change. B) Election of Officers - Since the group is so small, general consensus was that Dave Fischer and Jody Fischer will co-chair the Commission for the present time. It was agreed that more people need to be involved, to 3C . 4' S include representatives from the high school student population and the NQ"1t '. ~i' ..st1~ ~ Russian and Hispanic segments of the community. Copies of the meeting . t.U~€t r.G.~~ ~b.. agenda and minutes will be forwarded to the press. Commissioners are :tI\\~f "\ 1)\b iL ff\~\ .. _ ~couraged to attend the meeting of the Woodburn City Council on 00. ~i\f""tJ.tle,.\ \" ~f\0 <:,..+...t;Jovember 25, 1996, at which the Human Rights Commission sunset clause {t'f, L,..V tit-! ct . ~tpwill be discussed. Commissioners are asked to speak in support of removing O~\t4 ,,""' f."'ILr the sunset clause and continuing the Commission. "'~ 8~t;;.'~ \,,(t~fd)'l!( C) Dave FischerlThree Valleys Project - This agenda item is deferred to the next \, meeting of this Commission. All members are encouraged to attend the , November 18th meeting of the Three Valleys Conversation at which use of the Rockefeller Foundation monies will be discussed. The meeting is at the Woodburn Community Center. E) Jody Fischer/Awards - Jody suggested the presentation of awards and creation of a bumper sticker as a means of bringing visibility to the Human Rights Commission. There was some discussion as to possible prematurity of such awards and what basis there was for the Commission to choose recipients. It was agreed that the commissioners should begin by designing a set of criteria to be used in determining nominees. Each commissioner shall submit three criteria for an award recipient and shall bring these to the next meeting of the Commission. F) General Discussion Ken Wright informed the group that their job is to set policy and advise the City Council rather than to raise funds and facilitate the workings of the commission. Staff members have been appointed to take care of those details so that the Commissioners are free to carry out their mission. Each Commissioner shall write a Vision Statement to be discussed at the next meeting. Each Commissioner shall bring another person with them to the next meeting. G) Next Meeting - The next Human Rights Commission meeting will be held on January 8, 1997 at 7:00 p.m. at the Council Chambers of Woodburn City Hall. III. ADJOURNMENT - Meeting was adjourned at 9:20 p.m. Enclosure: A Citizens' Guide on How To Establish the Climate Where Racism Cannot Occur (provided by Stephen Schoonmaker) cc: Woodburn Independent file 4A M E M 0 RE: NOVEMBER 24, 1996 CITY COUNCIL t\~"" NANCY KIRKSEY. MAYOR RSVP APPOINTMENT RECOMMENDATIONS DATE: TO: FROM: I recommend appointment of the following individuals to serve on the RSVP Advisory Board: MARIJO POUJADE (Foster Grandparent Program) ANN NAFFZIGER (St Lukes Parish, Jesuit Volunteer and Senior Ministry) ESTHER ELDRIDGE (Director or Woodburn Community Services, Woodburn Family Medical Center) RICHARD WEAVER Woodburn City Police (S.A.L.T.) SHIRLEY HACKETT RSVP Volunteer MEMO 9A TO: Mayor and City Council FROM: Chris Childs, City Administrator ~ SUBJ.: Tabled Business - Council Bill No. 1758 DATE: November 21, 1996 At your November 12, 1996 meeting, Council Bill 1758 was removed from the table, discussed (with certain amendments made by Council motion) and re-tabled. If this item is again removed from the table, the attached draft marked "Version 1" represents the status of the ordinance at the time it was tabled. This includes the changes recommended by staff and the City's bond counsel and the additions and changes included in Mayor Kirksey's memo of November 12, 1996. Based on input received from both the Mayor and individual Council members, staff has also taken the liberty of preparing the attached draft marked "Version 2". This is identical to Version 1 in all respects except that it also contains language to facilitate referral of the ordinance to city voters. If the Council believes that should be done, a motion can be made to amend the ordinance to incorporate the referral language contained in Version 2. The Version 2 draft would then~ be the one under consideration if a roll call vote is called for. 9A VERSION NO. 1 COUNCIL BILL NO. 1758 ORDINANCE NO. A ORDINANCE IMPOSING AN ADDITIONAL MOTOR VEHICLE FUEL TAX ON MOTOR VEHICLE FUEL DEALERS FOR PURPOSES OF PAVEMENT PRESERV A nON; PROVIDING FOR ADMINISTRA nON, ENFORCEMENT AND COLLECTION OF SAID TAX AND SETIlNG EFFECTIVE DATES. AND DECLARING AN EMERCENCY. 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 .M",; ~, . ~~'d'f,~-a .. '."'- . '*"~~' ~~~ ~ [~. ffi ~)":!fWf{>', lW;'j';',50.};;:~'d~\lH~'>0\$" '~'.~'1,1n{F~'. ~r, "'n''i{~ . ; ~':-:V""<;''''''<~'''''''''~<''''Z . "':"~'..:':d' --;0. ,) 0.,.,J.<=...,..~... 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I WHEREAS, Ordinance 2028, the City of Woodburn Motor Vehicle Fuel Tax Ordinance, is currently in effect, and '..d :~9 '%~<.~."f:'>;~~~ g; ~%'';i'i:i;, 0':~~ f:.:'~~<;~~1.~1 ;""\d<V'.{/.;~f;'df~T<if.~HNi{,-,<~~~~..';!:ti""?~<<';~"";'''; 0" ~ .ffy..p.:S;./.W'~;".N"X0:".~;:' <'50"".';': .~.-*,... .~( ...,.. ,,^;'1 }.../.~~~..>> :........;:...~~ . ....y<<;~....)."""~,....~. :..<-.~...^!'}:' ..,&.,/,::.~. .-/.;.~ ..:{:;'. . ; ~ :~.;'.iI~;:<< ~ '~ .. <";~ ~'.... ~'i;;q'~~/*"'.~.,""""''m'~ 19?~'1'~'(1 .;..rl'<yt"'f;[f~' >>~'~(~;['f't>~'t~11~;i'~v~}: '. ~ -:.0&fu'?"~"''' {.~o; ... .;.... .!:,~:'; ...;......;..M.....~<~;>.. .....J.g.(.:.o)..~ .).:J....~q...~"^"'.).~::-..t;.~:;~....e-..'<'-.f;-~f..:...;.}...:n:...'^:;"..;.t/....~.?< >'.-;0- ..J....:&>>r/.~ .::<...... .!,;, i~~ ;,' '<>~;;;iA\.\ 8 .~~~Jrr\$}~ "q:::<<~1Vgrg,.'ni' i~' 'H;,.(~~;;:~:',;~F'. /~J{:'~~:'1~:w. 1t:'f'~ .. ~..~ ; ~ .~. ; ,~.z.J.~..,.i>:./. .....;... ..,. '. ''', ."" :.,.., :.(,A';): A }.,~, ',. .lJ" ..,....:. t.J,..~.<./. ..j..,!,A..."d ," . ,...8 'A".. ..~.~.....t;,..""'>.,,,,>>,:., ..".,:dr .... < . ",.. ... "~"~.::-,,. w" .' '''':'*>'/';::'''~'"',~.",,''''';d''::''i'~~' ><<, >~'''-r:''''''''''v~ ." '^' ~,-",~<~ (1'w'j"'1^'>i:'%' 'i":v. '..;.>,~"'),-;, ~;,~/), ~)~~~~~~/.,~",\($~~:h~i~~.;~"A~.~;'~h'f-:>.H;J\~~$.,!\~';'~ :~~'('o',~:l'8.,}. ~.~ (':.:S,~.;~.~~~'J.~~!~~k;f~~h;;:::":J...~ ~ ~;~;, . .,::t;:f' i':'/ ,..:i'<~.J<~.;:tt':'.AA'i't(.r( Jl~ '~r~~in(t.\'5\;{;)f~'>>;;:::r.;}>~bt:~::$;~(;T,:.~.';~t~:t-~'>;1>'ft;)~. :~ ..>..}." .,:>}...{: .....:<~..% h. ..,~..~~,:,,-<<::....):';-<..,.......M. /..~,x... <;0<"',,:-,,><:,,, -:-$:..."'.1.. 'I. '..... .S:-"'-J:;..J ~ }..k-.;..~,-:. .......\....,........ -",'" 1:....-:t.:;.:. -'>..":J :x-:).". ~:.. i ~ . .:;(~ ~.g;~.~~"..;s:x.~ 'Jf(Bf.-};t1'1~oSd;;->;o~,<~~.~.~...,tCj,:t,}~";:;~~ff;11i,:~' ~;, . : ',",' ~ . " ... .<< ;. <;;.. ~., ':, . .>>':- >>;;.:.. .. .' ...:.~:-:> .<"'" -:-.. ~~ ~~>..-.. ..,-;> ~,...;&J:v ,':<'-... v.. .. ..-:;.,~...;-). N /.. ..... ;-::..:-...--...... ~ . ,<<~x. >;s.~~mxW'-:~.... ...V'~. ..... . '. ... 1,... \..., :..'. 080 ~'lm-US'i~..: *;~; gR'f:fFf; "i0kf~\'~'hi~1;.;5:r;(i;';b'f;n~1-;'g,..,\"~);nt8~,3"'~(:;~Y;"-;ntir"uMg~'t .'t Y;':"'i5 4<<. :-::".;:--~.: ." .x:........~.. .. ..~~~...... .; h!=:.~...... .; &:;.....e-. :~$...<:. .~...~::;::-&.... ...........):".."' ....~<<-.. ....~::v...o./ -'~'0n. ...:-" :>...~~ ~ .l~~.~.::<<{-~ .~<< .' .-:x'\ ~., . ~1s . - s ;; '~h H~,~.~~r . Y~:i;li;;~~ ~~;~~Y" r.?~;=?d-*;' :;:~. ~'Y:;:~~~l?~.t'>'A,"~<~"(H/ tBP'i-";i' * . ..~~ ',. ",~?J$,;:.A~ ~.,.:i....:~. .':' :.::A~....",.. x,:..::: .1.....%. ...^~p~,VA'~,;./'.::::;; .'<:'. t,;;;.;;j.l.~ \\~~1~Y.~.$~Jh;f''''''}''i.~,,<.+ /.h4\t" . %. ..1.. ^.. ." .' " ~ sE:lj;; .?<~ ;~~;~, : ~,~'; Utt.h;;~i;~ g( ,tin;' ~ ; ,~.;~w.;:;' ~ . ~ . ......0,;. ..f'. .. .~>....... . .........;>yo,. .:,....;>'y; .". .~l?i\ ..~.1 '?,';o;.-..:,: y. . " WHEREAS, the motor vehicle fuel tax revenue is exclusively for reconstruction, improvement, repair, maintenance, operation and use of public highways, roads and streets; and WHEREAS, if old pavements are allowed to deteriorate and not brought back to their Page 1 - COUNCIL BILL NO. 1758 ORDINANCE NO. ~ 9A 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. Ii1!L This ordinance shall be known as the "City of Woodburn Pavement Preservation Ordinance." Section 2. PUfoose. This ordinance is intended to raise tax revenue in addition to Ordinance 2028 for the purpose funding street resurfacing and repavement. This ordinance is not intended to amend, modify or change any provision of Ordinance 2028, the City of Woodburn Motor Vehicle Fuel Tax Ordinance. Section 3. Definitions: As used in this ordinance, unless the context requires otherwise: (A) "Aircraft fuel" means any gasoline and other inflammable or combustible gas or liquid by whatever name such as gasoline, gas or liquid is known or sold, usable as fuel for the operation of aircraft, except gas or liquid, the chief use of which, as determined by the City is for purposes other than the propulsion of aircraft. (B) "Authorized Agent" any person or agency that has been given authority to implement a portion of this ordinance. (C) "City" means City of Woodburn, a municipal corporation of the State of Oregon. (D) "Dealer" means any person who: (1) Supplies or imports motor vehicle fuel for sale, use or distribution in, and after the same reaches the City, but "dealer" does not include any person who imports into Page 2 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A 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 source are excluded as a taxable motor vehicle fuel. (J) "Person" includes every natural person, association, firm, partnership, or corporation (K) "Service Station" means and includes any place operated for the purpose of retailing and delivering motor vehicle fuel into the fuel tanks of motor vehicles. (L) "State" means State of Oregon. Page 3 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A Section 4. Tax lmoosed. 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 Pavment. (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 (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 Page 4 - COUNCIL BILL NO. 1758 ORDINANCE NO. ~ 9A 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 Requirements. No dealer or fuel-handler, shall sell, use or distribute any motor vehicle fuel until he has secured a dealer or fuel-handler permit as required herein. Section 7. Permit Aoolications and Issuance. (A) Every person, before becoming a dealer or fuel handler in motor vehicle fuel in this City shall make an application to the City or its duly authorized agent, for a permit authorizing such person to engage in business as a dealer or fuel handler. (B) Applications for the permit must be made on forms prescribed, prepared and furnished by the City, or its duly authorized agent. (C) The applications shall be accompanied by a duly acknowledged certificate containing: (1) The business name under which the dealer or fuel-handler is 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 and, if a corporation, the corporate name under which it is authorized to transact business and the names and addresses of its principal officers and registered agent, as well as primary transport carrier. (D) The application for a motor vehicle fuel dealer or fuel-handler permit having been accepted for filing, the City or its authorized agent, shall issue to the dealer or fuel- handler a permit in such form as the City or its duly authorized agent may prescribe to transact business in the City. The permit so issued is not assignable, and is valid only for the dealer or fuel-handler in whose name issued. (E) The City Recorders Office shall keep on file a copy of all applications and/or permits. (F) No fee(s} shall be charged by the City for securing said permit as described herein. Page 5 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A 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 a dealer or fuel- handler cancel any permit issued to such dealer or fuel-handler, the cancellation to become effective 30 days from the date of receipt of the written request. (B) If the City or its authorized agent ascertains and finds that the person to Page 6 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A 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. Pavment of Tax and Delinauencv. (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. Page 7 - COUNCIL BilL NO. 1758 ORDINANCE NO. 9A (G) No dealer who collects from any person the tax provided for herein, shall knowingly and willfully fail to report and pay the same to the City or its authorized agent, as required herein. Section 13. Monthlv Statement of Dealer and Fuel-Handler. Unless modified by Section 28, Subsection "b" every dealer and fuel-handler in motor vehicle fuel shall render to the City or its authorized agent, on or before the 25th day of each month, on forms prescribed, prepared and furnished by the City or its authorized agent, a signed statement of the number of gallons of motor vehicle fuel sold, distributed, used, or stored by him during the preceding calendar month. The statement shall be signed by the permit holder. All statements as required in this section are publiC records. Section 14. Failure to File Monthlv 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. Billing Purchasers. Bills shall be rendered to all purchasers of motor vehicle fuel by dealers in motor vehicle fuel. The bills shall separately state and describe to the satisfaction of the City or its authorized agent the different products shipped thereunder and shall be serially numbered except where other sales invoice controls acceptable to the City or its authorized agent are maintained. The bills required hereunder may be the same as those required under ORS 319.210. Section 16. Failure to Provide Invoice or Delivery Tag. No person shall receive and accept any shipment of motor vehicle fuel from any dealer, or pay for the same, or sell or offer the shipment for sale, unless the shipment is accompanied by an invoice or delivery Page 8 - COUNCIL BILL NO. 1758 ORDINANCE NO. ~ 9A tag showing the date upon which shipment was delivered and the name of the dealer in motor vehicle fuel. Section 17. Transoorting Motor Vehicle Fuel in Bulk. Every person operating any conveyance for the purpose of hauling, transporting or delivering motor vehicle fuel in bulk shall, before entering upon the public highways of the City with such conveyance, have and possess during the entire time of his hauling or transporting such motor fuel an invoice, bill of sale or other written statement showing the number of gallons, the true name and address of the seller or consignor and the true name and address of the buyer or consignee, if any, of the same. The person hauling such motor vehicle fuel shall at the request of any officer authorized by the City to inquire into or investigate such matters, prOduce and offer for inspection the invoice, bill of sale or other statement. Section 18. Exemotion of Exoort Fuel. (A) The license tax imposed by Section 4 and 5 shall not be imposed on motor vehicle fuel: (' ) Exported from the City by a dealer; or (2) Sold by a dealer in individual quantities of 500 gallons or less for export by the purchaser to an area or areas outside the City in containers other than the fuel tank of a motor vehicle, but every dealer shall be required to report such exports and sales to the City or its authorized agent in such detail as may be required. (B) In support of any exemption from motor vehicle fuel taxes claimed under this section other than in the case of stock transfers or deliveries in his own equipment, every dealer must execute and file with the City or its authorized agent an export certificate in such form as shall be prescribed, prepared and furnished by the City or its authorized agent, containing a statement, made by some person having actual knowledge of the fact of such exportation, that the motor vehicle fuel has been exported from the City, and giving such details with reference to such shipment as may be required. The City or its authorized agent may demand of any dealer such additional data as is deemed necessary in support of any such certificate, and failure to supply such data will constitute a waiver of all right to exemption claimed by virtue of such certificate. The City or its authorized agent may, in a case where it believes no useful purpose would be served by filing of an export certificate, waive the certificate. (C) Any motor vehicle fuel carried from the City in the fuel tank of a motor vehicle Page 9 - COUNCil Bill NO. 1758 ORDINANCE NO. 9A 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 fuel in individual quantities of 500 gallons or less for export by the purchaser, the dealer shall retain in his files for at least three years an export certificate executed by the purchaser in such form and containing such information as is prescribed by the City or its authorized agent. This certificate shall be prima facie evidence of the exportation of the motor vehicle fuel to which it applies only if accepted by the dealer in good faith. Section 19. Sales to Armed Forces Exemoted. The motor vehicle fuel tax imposed by Sections 4 and 5 shall not be imposed on any motor vehicle fuel sold to the Armed Forces of the United States for use in ships, aircraft or for export from the City; but every dealer shall be required to report such sales to the City or its 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 Comino Into City Not Taxed. Any person coming into the City in a motor vehicle may transport in the fuel tank of such vehicle motor fuel for his own use only and for the purpose of operating such motor vehicle without securing a license or paying the tax provided in Sections 4 and 5, or complying with any of the provisions imposed upon dealers herein, but if the motor vehicle fuel so brought into the City is removed rom the fuel tank of the vehicle or used for any purpose other than the propulsion of the vehicle, the person so importing the fuel into the City shall be subject to all provisions herein applying to dealers. Page 10 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A Page 11 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A Section 26. Records to be KeDt 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, reec)Astruetien, improvement and repair, and mainteflaflee of public highways, roads and streets within the City of Woodburn. Section 28. Administration. The City Administrator or his designate is responsible for administering this ordinance. In addition, the City Administrator may enter into an agreement with the Financial Services Branch of Oregon Department of Transportation as an authorized agent for the implementation of certain sections of this ordinance. If the Financial Services Branch is chosen as an authorized agent of the City, then the modifications outlined below shall apply: (a) The fuel handler's penalty of Section 8 Subsection .c. shall be reduced to $100.00. And if the Division determines that the failure to obtain the permit was due to reasonable cause and without any intent to avoid obtaining a permit, then the penalty provided in Section 8 and this Subsection may be waived. (b) The fuel handler's monthly reporting requirements of Section 13 and 14 shall be waived. Page 12 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A Section 29. Seoarabilitv: If any portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. Section 30. Effective Dates: The permit requirements imposed by this ordinance are effective July 1, 1997 and the taxation imposed by this ordinance is effective September 1, 1997. SeetieA 31. This orainaRse beiRg Aeeessary far the immeaiate preser'lotiaA af the pUBlie peaee, health aAa saret', so that the aamiAistrsti'le implemeAtatiaR 8f the eraiRsAee may proseed, aA emergeAey is aeelafed to exist aRd this erdiAsRee shall take effect immediately UPOA passage by the CeuAeil aAEI sppf8val b,.. the Mayer. Sestio" 30. This ordi"8RSe is effeeti\'e 8A Jul-, 1, 1997. 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 13 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A VERSION NO. 2 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. . 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 ~~ :", ~~;' 041;) 6~;; -:W?ttX ;;;l:;" 'T~'~f1 1; . 7f;....'.'l'f"" ~ '.'~' :.~~~,.. "l~j~?'':1~n:;i;;:'9i;f'~1r~:::r~/&'ff::'~.~' > ( ~ . ;& $L << ,.'N .', ,. ,.0,A , ..:.x:'~""~:>>'''''' . "",>>:.;<,. ,~.,,: :M.z., . ,J "^^.,,,,~t $. . ,~'='f.:,J,., ~,t\..J..J:\..~^ ",t ""-:;:';'7)' ,,,-,.t,',,r"'v,,,M,,., .' .... \ . ~~ :'~6'~ .wi';;",,~' >;pr~:'if"" '~h" '~f'~.=&N ~x'}' ,'" ,. ",,;;:' ~v''''0'V''''::::''''f'''''''''>>:'''Y'''''''''f:''''''v.. .,.y "'OX.'" j';<.;.*' ~~&~~.f <t;.~f.~,+..~,~:F:::"., :l~~)~;~.' 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'.-: WHEREAS, Ordinance 2028, the City of Woodburn Motor Vehicle Fuel Tax Ordinance, is currently in effect, and . ;,..-};. .....~,~<-:...:w. .,~~~;: <......v,:.'.,- "'<.:~., /< ..' ~"/'. .'\:.....' '-... :,: '..;::''::y: ~;.......:..:;:. ...>:~.,.~--.;.,......~.'.0:.. "''V&,,'' -/""v ''1.-:-:::" '.::.Y'~->'~ ....... '. ~....t,,/.,H)~.,l,~ ,.:;' ;".t'i~Jhs, ~y~ ~~}"f.::z!.!o.'(/x,~f?,. ~~j;';~. 's :i;>.~J.EJh.,.~!f.:;tJ:~ !!\k..n":'~~J~ ~S:ffi ~.;~.; t:,~ x-Jh~>,..!l,K::<l 1~ .' i.i~. . ~~':~~q ~>~, ':,~.f'~~' '>~'~:Hi'o;';h~: ';~ :',~:'&~^'~>.:: *?;jf;:f;(s\Tfr~ Y':ly;r:ft:'t~'NGY'i' r<(;f!~^ ~v: ; ...:::; ;.........d...~<;>:.W. :~.~. '.~ \.~ ..'..... 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"'...;-<- d,..:":;:'" ,<;..~ .':i-..,. ~y..)!'> . .... /.'....:-~t.~~~<<%;~::J~>^.e....."'),: ... ~. ..)...,/. ~....A~;'J 'l'....{:. ~~; ........w-,};.y:....'.{-..\~~,:: .'::"'-::... y.{..:.-,~"^~~... .. f~ ~A:j; d.'" d;'h f~ ; ~'~ :,' ~ {f. * {*\ rfW;,; s'i i dt;1 ~'6 'f.\:i} ~'V~ 1.; i>':{~""~t' .^.: Y'5i';); ~ r;'0~" ~', ,to $ ':'tJ~'i~'f;;.'&:,:' d ~'i1 .)<A"'-';;'''/' ...... . u':-: ~..^.->::~>>~;...));:.~........4...-<<8 :....~. ..n.s.........x,.,~~...j....>.' '''0~ ........~.;m )..,:31. ." ?:}....5::.. ;.0m..:.- .:;:.$..M..;..c~. :-"1.'-,).::2::,,~,,~,~"&-,,~,:;.P.:"k"";>>^-:;"':}:';''''.o<^:,":!... .~. * ';' ~ (> ~ ~. ~<:' ~ ,;: ~:.t~'r0~:~~ >""~"'8 -::::.. ~~>~< r;~:.~~~t:t~~'rStL;>~t\f'\f'Y'" ';'';~1?~\ ..~0\""~~f:(-:;:.~.~t:"'rt~.t;...:~~"o; ~(:::~":"5Z~"~:' .:;::,., .:;:,Ji. ,..~. .j;.,..tt'"&",~."-;",,,, ,,,!.;:.,,;U:j,L...m,, . "."~l:.w.,<,,, ,!>,,,,, . ~<<,>v~.'k.;.,.~i:/.. 4I:.;.. ..:;,,~, t"'Mh.:';"6h.. ~,,~ :.\ .,-<,$\ ~ .,~. ;' i ~ 6 . ~{ib '*',~' d~~';f.',. .tf,;f;r:'i'f ~h~ -ft ?~~', k/>'; t'},!S :iff:'<'~" t~ fd t.~; ~:~., n ~,~:~;r>;,./ i' ..;\:t;! a> 'j';(:' F{tV~ ~ . : .M......-..";,.~. .*;.;4},....-::... ...~.,'.}... .. :>....k.\...-J.....~~ ~ ":~:-X.': ~~fz:....^;"':....J...~:...,;;;...$:~. :-.....:-=:-:>.:)~J .../. .... {. .......~ .. "';":--.; .l............~/. >~t.:. .}.~...-..~:-='....:Y..,:...J.:..... :--..:;~.)'.:: WHEREAS, the motor vehicle fuel tax revenue is exclusively for reconstruction, improvement, repair, maintenance, operation and use of public highways, roads and streets; and Page 1 - COUNCIL BILL NO. 1758 ORDINANCE NO. " 9A 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. IitIL This ordinance shall be known as the "City of Woodburn Pavement Preservation Ordinance." Section 2. PurDose. This ordinance is intended to raise tax revenue in addition to Ordinance 2028 for the purpose funding street resurfacing and repavement. This ordinance is not intended to amend, modify or change any provision of Ordinance 2028, the City of Woodburn Motor Vehicle Fuel Tax Ordinance. Section 3. Definitions: As used in this ordinance, unless the context requires otherwise: (A) "Aircraft fuel" means any gasoline and other inflammable or combustible gas or liquid by whatever name such as gasoline, gas or liquid is known or sold, usable as fuel for the operation of aircraft, except gas or liquid, the chief use of which, as determined by the City is for purposes other than the propulsion of aircraft. (B) "Authorized Agent" any person or agency that has been given authority to implement a portion of this ordinance. (C) "City" means City of Woodburn, a municipal corporation of the State of Oregon. (D) "Dealer" means any person who: (1) Supplies or imports motor vehicle fuel for sale, use or distribution in, and Page 2 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A 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 source are excluded as a taxable motor vehicle fuel. (J) "Person" includes every natural person, association, firm, partnership, or co rporation (K) "Service Station" means and includes any place operated for the purpose of re:ailing and delivering motor vehicle fuel into the fuel tanks of motor vehicles. Page 3 - COUNCIL BILL NO. 1758 ORDINANCE NO. ~ 9A (L) "State" means State of Oregon. Section 4. Tax Imoosed. 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 Pavment. (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 (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 Page 4 - COUNCIL BILL NO. 1758 ORDINANCE NO. ~ 9A 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 o~ laws of the United States or of the State of Oregon. Section 6. Permit Reauirements. No dealer or fuel-handler, shall sell, use or distribute any motor vehicle fuel until he has secured 8 dealer or fuel-handler permit as required herein. Section 7. Permit Aoolications and Issuance. (A) Every person, before becoming a dealer or fuel handler in motor vehicle fuel in this City shall make an application to the City or its duly authorized agent, for a permit authorizing such person to engage in business as a dealer or fuel handler. (B) Applications for the permit must be made on forms prescribed, prepared and furnished by the City, or its duly authorized agent. (C) The applications shall be accompanied by a duly acknowledged certificate containing: (1) The business name under which the dealer or fuel-handler is 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 and, if a corporation, the corporate name under which it is authorized to transact business and the names and addresses of its principal officers and registered agent, as well as primary transport carrier. (D) The application for a motor vehicle fuel dealer or fuel-handler permit having been accepted for filing, the City or its authorized agent, shall issue to the dealer or fuel- handler a permit in such form as the City or its duly authorized agent may prescribe to transact business in the City. The permit so issued is not assignable, and is valid only for the dealer or fuel-handler in whose name issued. (E) The City Recorders Office shall keep on file a copy of all applications and/or permits. (F) No feels) shall be charged by the City for securing said permit as described Page 5 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A herein. 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 a dealer or fuel- handler cancel any permit issued to such dealer or fuel-handler, the cancellation to become effective 30 days from the date of receipt of the written request. Page 6 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A (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. Pavment of Tax and Delinauencv. (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 Page 7 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A addition to all other sums provided by law. (G) No dealer who collects from any person the tax provided for herein, shall knowingly and willfully fail to report and pay the same to the City or its authorized agent, as required herein. Section 13. Monthlv Statement of Dealer and Fuel-Handler. Unless modified by Section 28, Subsection -b- every dealer and fuel-handler in motor vehicle fuel shall render to the City or its authorized agent, on or before the 25th day of each month, on forms prescribed, prepared and furnished by the City or its authorized agent, a signed statement of the number of gallons of motor vehicle fuel sold, distributed, used, or stored by him during the preceding calendar month. The statement shall be signed by the permit holder. All statements as required in this section are public records. Section 14. Failure to File Monthlv 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. Billing Purchasers. Bills shall be rendered to all purchasers of motor vehicle fuel by dealers in motor vehicle fuel. The bills shall separately state and describe to the satisfaction of the City or its authorized agent the different products shipped thereunder and shall be serially numbered except where other sales invoice controls acceptable to the City or its authorized agent are maintained. The bills required hereunder may be the same as those required under ORS 319.210. Section 16. Failure to Provide Invoice or Delivery Tag. No person shall receive and accept any shipment of motor vehicle fuel from any dealer, or pay for the same, or sell or Page 8 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A 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. Transoorting Motor Vehicle Fuel in Bulk. Every person operating any conveyance for the purpose of hauling, transporting or delivering motor vehicle fuel in bulk shall, before entering upon the publiC highways of the City with such conveyance, have and possess during the entire time of his hauling or transporting such motor fuel an invoice, bill of sale or other written statement showing the number of gallons, the true name and address of the seller or consignor and the true name and address of the buyer or consignee, if any, of the same. The person hauling such motor vehicle fuel shall at the request of any officer authorized by the City to inquire into or investigate such matters, produce and offer for inspection the invoice, bill of sale or other statement. Section 18. Exemotion of Exoort Fuel. (A) The license tax imposed by Section 4 and 5 shall not be imposed on motor vehicle fuel: (1 ) Exported from the City by a dealer; or (2) Sold by a dealer in individual quantities of 500 gallons or less for export by the purchaser to an area or areas outside the City in containers other than the fuel tank of a motor vehicle, but every dealer shall be required to report such exports and sales to the City or its authorized agent in such detail as may be required. (B) In support of any exemption from motor vehicle fuel taxes claimed under this section other than in the case of stock transfers or deliveries in his own equipment, every dealer must execute and file with the City or its authorized agent an export certificate in such form as shall be prescribed, prepared and furnished by the City or its authorized agent, containing a statement, made by some person having actual knowledge of the fact of such exportation, that the motor vehicle fuel has been exported from the City, and giving such details with reference to such shipment as may be required. The City or its authorized agent may demand of any dealer such additional data as is deemed necessary in support of any such certificate, and failure to supply such data will constitute a waiver of all right to exemption claimed by virtue of such certificate. The City or its authorized agent may, in a case where it believes no useful purpose would be served by filing of an export certificate, waive the certificate. Page 9 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A (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 fuel in individual quantities of 500 gallons or less for export by the purchaser, the dealer shall retain in his files for at least three years an export certificate executed by the purchaser in such form and containing such information as is prescribed by the City or its authorized agent. This certificate shall be prima facie evidence of the exportation of the motor vehicle fuel to which it applies only if accepted by the dealer in good faith. Section 19. Sales to Armed Forces Exemoted I 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 Coming Into City Not Taxed. Any person coming into the City in a motor vehicle may transport in the fuel tank of such vehicle motor fuel for his own use only and for the purpose of operating such motor vehicle without securing a license or paying the tax provided in Sections 4 and 5, or complying with any of the provisions imposed upon dealers herein, but if the motor vehicle fuel so brought into the City is removed rom the fuel tank of the vehicle or used for any purpose other than the propulsion of the vehicle, the person so importing the fuel into the City shall be subject to Page 10 - COUNCIL BILL NO. 1758 ORDINANCE NO. " 9A all provisions herein applying to dealers. Section 21. Refunds. Refunds will be made pursuant to ORS. 319.280 to 319.320. Section 22. Examinations and Investigations. 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. Limitation on Credit for or Refund of Overoavment and on Assessment of Additional Tax. (A) Except as otherwise provided in this ordinance, any credit for erroneous overpayment of tax made by a dealer taken on a subsequent return or any claim for refund of tax erroneously overpaid filed by a dealer must be so taken or filed within three years after the date on which the overpayment was made to the City or to its authorized agent. (B) Except in the case of a fraudulent report or neglect to make a report, every notice of additional tax proposed to be assessed under this ordinance shall be served on dealers within three years from the date upon which such additional taxes became due. Section 24. 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 KeDt bv 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 Page 11 - COUNCIL BILL NO. 1758 ORDINANCE NO. ~ 9A inspection by the City or its authorized officers or agents. Section 26. Records to be KeDt 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, rcceAstructieA, improvement and repair, an~ maintenanee of public highways, roads and streets within the City of Woodburn. Section 28. Administration. The City Administrator or his designate is responsible for administering this ordinance. In addition, the City Administrator may enter into an agreement with the Financial Services Branch of Oregon Department of Transportation as an authorized agent for the implementation of certain sections of this ordinance. If the Financial Services Branch is chosen as an authorized agent of the City, then the modifications outlined below shall apply: (a) The fuel handler's penalty of Section 8 Subsection .c. shall be reduced to $100.00. And if the Division determines that the failure to obtain the permit was due to reasonable cause and without any intent to avoid obtaining a permit, then the penalty provided in Section 8 and this Subsection may be waived. (b) The fuel handler's monthly reporting requirements of Section 13 and 14 shall Page 12 - COUNCIL BILL NO. 1758 ORDINANCE NO. 9A be waived. Section 29. Seoarabilitv: If any portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. Section 30. Effective Dates: The permit requirements imposed by this ordinance are effective July 1, 1997 and the taxation imposed by this ordinance is effective September 1, 1997. 'eeliaA 31. This erainanee being neeessaFY far the iRufleaiate preservation af the publie pease, health ana safet"{ se that the administrative implementatien af the erdinaAee may flreceed, aA emergene'( is aeelarea te exist aAa this erdinanee shall take effeet immeaiotel-, lJpen passage 0-' the CelJneil ana appreval by the Mavor. *~J'J7~rtG".,.:,.<;t,; ~>'~'\~~:1~:~1l~1$1'1'::k~""~w'r. f:~ jwfi"!':'~ >>}:";~~'~'~>;'~\'\l\";f~; ~.~.tf ~lr;r:..:<t . \1~f "; ;~}..:.";.4..",," ......~,.;.N:N";.~<<.^:f..;<'...$..../.. .....~;...;>>::-. vi: '..J;.~^~....: :>.;<. "..;. .A;~.;. ~E~...t0:;;" .1-:M.' .....>>::;:.. . ;>;~......"y.:}.^ ';:"'>>.;/.$S .... . ~..J: . 'u(~rD'~1' 0; "?~~Y~lg ':dt.'~,{::8,'.;'{~~;:)i ?-,,'< <",\. , ~ ^ ~~~-:::i'~"d~G ~/~,!,:~'~~f~l.#~./:}.~"'<{;f"$'%~'l' ~'.Wl~V0^~~-.i: .r: 1':~S '~,,:::: ~<:.~ >'. 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H ~.~J\,~~Fi!S.;J.~ :,~~ ~"'."'.o.o -'.;...;.....;...W '~:. .:(:<'::-;...,}.:-.-Y-l:;.,i'-'>:....u'O";...$'--'u..,^='o/./ ' N~Y^::':>>"~'U(,v"'l""<( ''''''* {/r-.:.:....:;.'....>>..~ (: ~....,.vi.......;.<<~~~{1 ,;o.r-::-~~'S: ..' "i, ,~t..\Ahm;} ~,~..~ ~~~l.!;,f):fd>~,~.L:::.~J:.W:~)..)~\H\"., ,'gt.R&', J~~\~A'..t..,.,s.,o:,.. ~ .V, ",:V~~t F!\ ~ g'~H .l. ;d ~, ~'''~J. ~ - . ..' :':.. __n.__n.n_nn__ .... . . " 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 13 - COUNC 9A SPECIAL MUNICIPAL ELECTION CITY OF WOODBURN Marion County, Oregon May 20, 1997 Submitted to the Voters by the City Council REFERRALOF ORDINANCE IMPOSING MOTOR VEHICLE FUEL TAX QUESTION: Shall the City of Woodburn adopt an ordinance imposing a motor vehicle fuel tax? EXPLANATION: The proposed ordinance imposes a tax of two cents per gallon, in addition to the existing one cent tax, on motor vehicle fuel sold, used or distributed within the City of 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. F\GASELEC MEMO TO: MAYOR AND CITY COUNCIL THROUGH CITY ADMINISTRATOR CHILDS lOA FROM Mary Tennant r-< City Recorder 1~ DATE November 21, 1996 SUBJECT: DEFERRED COMPENSATION PLAN AMENDMENTS RECOMMENDATION: Council adopt the proposed Resolution which amends and restates the City's Section 457 Deferred Compensation Plan administered by International City Manager's Association (ICMA) Retirement Corporation in the form of the leMA Retirement Corporation Deferred Compensation Plan and Trust. BACKGROUND: The City has maintained a Section 457 Deferred Compensation plan with ICMA Retirement Corporation since 1973. Section 457 deferred compensation plans were established as an employer asset subject to the claims of the employer's general creditors even though employee contributions via payroll deductions constituted the majority of funds placed in the plan. A few months ago, President Clinton signed a bill into law that changes the Section 457 Deferred Compensation Plan from a employer asset to a trust for the exclusive benefit of plan participants and their beneficiaries. ICMA Retirement Corporation has prepared an amended Plan which establishes the Trust and incorporates other plan provisions as provided for by the new legislation such as increased annual contributions, inactive account distributions, payment election dates, and 457 loans. Oregon law currently restricts investment opportunities to bonds and or a guaranteed interest account. Legislation has been drafted by state officials that will amend state law to follow federal provisions thereby allowing employees to diversify their account balances into a portfolio which would include stocks, bonds, equity funds, mutual funds, and a guaranteed interest account. It is anticipated that, if approved, the diversification of investments would be available to employees in April 1997. Another provision of the law would allow for an employee to obtain a loan on their contributions, not to exceed their contribution balance or $50,000 whichever is less. The proposed Resolution will not allow for loans at this time since IRS guidelines have not been established which would allow us to evaluate our responsibilities in administering a loan program. The City can elect at a later date to implement loan provisions if we so desire to offer this option to our employees who participate in this plan. lOA COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AMENDING THE INTERNATIONAL CITY MANAGERS ASSOCIATION (ICMA) RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN AND TRUST FOR CERTAIN CITY EMPLOYEES. WHEREAS, the City has had the ICMA deferred compensation plan available for its employees since 1973 which serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City has determined that the continuance of the deferred compensation plan will serve these objectives; and WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of, and allow enhancements of the benefits of the deferred compensation plan, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City hereby amends and restates the deferred compensation plan (the IIPlanll) in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust, a copy of which is attached as "Exhibit All. Section 2. That the assets of the Plan shall be held in trust, with the Employer serving as Trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The City's beneficial ownership of Plan assets held in the ICMA Retirement Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries. Notwithstanding the foregoing, all Plan provisions creating a Trust to hold all the assets of the Plan for the exclusive benefit of participants and beneficiaries shall become effective once the appropriate body, which includes the State of Oregon, makes the necessary amendments permitting the establishment and maintenance of such a Trust. Section 3. That the Plan will not permit loans, however, the Ci ty reserves the right to reconsider this action once the Trust is established to hold all of the assets of the Plan for the exclusive benefit of participants and beneficiaries, and guidelines have been established by the Internal Revenue Service. Section 4. That the City hereby agrees to serve as trustee under the Plan. ~ Approved as to Form: I /. 'fvcrl~ / J ~ 2 ( -7.6 City Attorney Date APPROVED Page 1 - COUNCIL BILL NO. NANCY A. KIRKSEY, MAYOR , RESOLUTION NO. lOA "EXHIBIT An ICMA RETIREMENT CORPORATION DEFERRED COMPENSATION 457 PLAN AND TRUST DOCUMENT Due to the length of the document, it is not included in this agenda packet, however, it is available for inspection. ~ MEMO lOB SUBJECT: City Council through City Administrator Public Works Program Manager 4 .ft--- Agreement with Southern Pacific Transportation TO: FROM: DATE: November 20, 1 996 RECOMMENDATION: Approve the attached resolution entering into an agreement with the Southern Pacific Transportation Company for construction, maintenance and operation of a sewer line under Southern Pacific tracks and authorizing the mayor to sign the agreement on behalf of the city. BACKGROUND In order to provide sanitary sewer service for the new school on Parr Road a new sanitary sewer service was required. The new line would need to run under Southern Pacific Transportation Company track. There is also the potential for other users to connect to this line. The city agreed to make application for the crossing of the tracks and the subject agreement was provided by Southern Pacific to allow installation of the line. The Woodburn School District will pay all costs associated with installation of the sewer line. They will also pay the $2,975.00 of handling charges and fees associated with execution of this agreement. The agreement also provides the city the right to operate and maintain the sewer line as required after it has been installed. lOB COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF AN UNDERGROUND SEWER PIPELINE AND AUTHORIZING THE MA VOR TO SIGN SAID AGREEMENT. WHEREAS, The City of Woodburn operates and maintains sanitary sewer collection systems, and WHEREAS, A new sewer line to provide sanitary sewer service to the new school being constructed on Parr Road and potentially other users is required to cross under tracks owned by the Southern Pacific Transportation Company, and WHEREAS, The City of Woodburn requires the right to operate and maintain the new sewer line after it is constructed; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with the Southern Pacific Transportation Company to construct, reconstruct, operate, and maintain an underground sewer line as described in said agreement. Said agreement is attached hereto and by this reference incorporated herein. Section 2. That the Mayor of the City of Woodburn be authorized to sign said agreement on behalf of the city. Approved as to for~ rr1r ~ \ \ -- t (-1 G C~A~m~ Dme 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 1 - COUNCIL BILL NO. RESOLUTION NO. Form C.S. J.4OO Revised: Dccc:mbcr 4, 1992 Approved as CO fonn by General CounscI March 23, 1993 -OSJIC-734.4S ScpIcmbca' 16, 1996 lOB Page 1 of4 RELMIS: C-734.45 UNDERGROUND PIPELINE (SEWER - WATER - STORM DRAIN- ETC.) LEASE No. 7/92S-1 lEASEE No. .;l.1.J5"~f:.. THIS AGREEMENT, made this 16th day of September, 1996, by and between SOUTHERN PACIFIC TRANSPORTA nON COMPANY, a corporation, (Licensor), and CITY OF WOODBURN, a public agency, address: 270 Montgomery Street, Woodburn. Oregon 97071, (Licensee); WITNESSETH: 1. Grant of Rights: Licensor hereby grants to Licensee the right to construct, reconstruct, maintain and operate, subject to the terms of this Agreement, an underground 10-inch sewerage pipeline within a 20-inch steel casing (herein called "structure"), at or near Woodburn. County of Marion, State of Oregon, in the location shown on the attached print of Drawing C-734.45, sheets 1 and 2, dated August 9, 1996. This grant is subject and subordinate to the prior and continuing right of Licensor, its successors and assigns, to use all of its property in the conduct of its business, Licensor reserving full rights, consistent with the rights herein granted, to construct, reconstruct, maintain and operate existing and additional transportation, communication, pipeline and power facilities upon, over and beneath its premises. 2. Identifying Markers: Markers in form and size satisfactory to Licensor shall be installed and constantly maintained by Licensee at Licensor's property lines or such locations as Licensor shall designate and shall be relocated or removed by Licensee upon request of Licensor. The absence of markers does not constitute a warranty by Licensor that there are no subsurface installations. 3. Costs: Upon execution hereof, Licensee shall pay Licensor Four Hundred Seventy Five Dollars ($475) partially to defray cost of handling. In addition, as monetary consideration for the rights herein granted, Licensee shall pay to Licensor the sum of Twenty Five Hundred Dollars ($2,500). Licensee shall bear the entire cost of constructing, reconstructing, maintaining and operating said structure on Licensors premises. Licensee shall reimburse Licensor for all cost and expense to Licensor in furnishing any materials or perfonning any labor in connection with such work, including, but not limited to, installation of falsework and other protection beneath or along Licensor's tracks, and furnishing such watchmen, flagmen and inspectors as Licensor deems necessary. 'Lice'nseeq ~ Form c.s. 3400 RNscd: Dcocmba'''' 1992 ApproYcd as 10 fonn by General CounscI March 23, 1993 ~S3.'C-734..S Scptcmbcr 16, 1996 lOB Page 2 of4 4. Construction and Maintenance: Said structure shall be constructed, reconstructed and maintained in accordance with plans approved by Licensor. Approval by Licensor shall not constitute a warranty by Licensor that such plans conform with federal, state and/or local codes and regulations applicable thereto. All work upon or in connection with said structure shall be done to Licensor's satisfaction at such times and in such manner as not to interfere with Licensor's operations. In the construction, reconstruction and maintenance of said structure, Licensee shall keep Licensor's premises in a neat and safe condition, failing which Licensor may do so at Licensee's expense. If required by Licensor in its use of Licensor's premises, Licensee shall reconstruct, relocate or alter said structure. Except in emergencies, Licensee shall give Licensor five (5) days' written notice of the day and hour it proposes to do any work on said structure. Licensee shall cooperate with Licensor in making any tests Licensor requires of any installation or condition which in its judgment may have adverse effect on any of the facilities of Licensor. All costs incurred by the tests, or any corrections thereafter, shall be borne by Licensee. No change shall be made by Licensee in the commodity being conveyed through said structure without Licensor's prior written approval. 5. The rights herein granted are subject to the rights of Licensor (or anyone acting with the permission of Licensor) to construct. reconstruct. maintain and operate fiber optic and other telecommunications systems ( systems) in, upon, along, across and beneath the premises and rigbts-of-ways of Licensor including the premises through which said structure shall be constructed. Licensee agrees to reimburse Licensor and/or the owner of the system(s) for all expenses which either may incur which expenses would not have been incurred except by reason of the use of the premises by Licensee, its agents, employees or invitees including relocation costs or any damages incurred by such owner due to injury to the system(s). Licensee, at least five (5) days prior to performing any digging activities on the premises of Licensor, must call 1-800-AT-FffiER (available 24 hours) to receive a Qwest Communications Corporation control number. Licensee will be advised if a telecommunications system is buried anywhere on or about the premises of Licensor in the location where Licensee will perform such digging activities. If there is a telecommunications system, Licensee will be advised as to the owner of the telecommunications system and provided instructions on arranging for a cable locator and will be advised whether relocation or other protection for the telecommunications' system is required prior to beginning any work on the premises of Licensor. 6. To the extent allowed by law, Licensee agrees to release, defend and indemnify Licensor from and against any and all liability, cost and expense for injury to or death of persons and damage to or destruction of property (including, but not limited to, the property and employees of each of the parties hereto), when arising or resulting out of or in any way connected with the performance of work under this Agreement, except when due to the sole negligence, gross negligence, willful misconduct of criminal actions of Licensor. This covenant of indemnity shall continue in full force " Form C.S. 3400 ~ Dccanba'4, 1992 ApproYed as 10 fonn by General Counsel M.ch 23, 1993 '"OS3/C-734.4S Sc:pcembcr 16, 1996 lOB Page 3 of4 and effect notwithstanding the full payment of all sums due under this Agreement, or the satisfaction, discharge or termination of this Agreement in any manner whatsoever. The term "Licensor" as used in this section shall include the successors, assigns and affiliated companies of Licensor, and any other railroad company operating upon Licensor's tracks. 7. Condemnation: In the event all or any portion of Licensor's premises shall be condemned or taken for public use, Licensee shall receive compensation only for the taking and damaging of said structure. Any compensation or damages for taking said premises or Licensee's interest therein awarded to Licensee shall be assigned by Licensee to Licensor. 8. Termination: This Agreement may be terminated by either party hereto by giving thirty (30) days' written notice to that effect to the other party and Licensee shall thereupon remove said structure and appurtenances and restore the premises of Licensor to Licensor's satisfaction failing which Licensor may arrange to do so at Licensee's expense. If Licensee makes defiwlt in respect to any covenant or condition on Licensee's part hereunder and fails to correct such default within thirty (30) days' after receipt of notice from Licensor so to do, Licensor may forthwith terminate this Agreement by notice to Licensee. 9. Environmental Protection: Licensee shall, at its expense, comply with all applicable laws, regulations, rules and orders regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon request of Licensor. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise from the premises covered hereunder as a result of Licensee's use, presence, operations or exercise of the rights granted hereunder, Licensee shall immediately notify Licensor and shall, at Licensee's expense, be obligated to clean all property affected thereby, whether owned or controlled by Licensor or any third persons to the satisfaction of Licensor (insofar as the property owned or controlled by Licensor is concerned) and any governmental body having jurisdiction in the matter. Licensor may, at its option, clean Licensor's premises; if Licensor elects to do so, Licensee shall pay Licensor the cost of such cleanup promptly upon the receipt of a bill therefor. Licensee agrees to release, indemnify and defend Licensor from and against all liability, cost and expense (including, without limitation, any fines, penalties, judgments, litigation costs and attorney fees) incurred by Licensor as a result of Licensee's breach of this section, or as a result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense arises during the time this Agreement is in effect or thereafter, unless such liability, cost or expense is proximately caused solely and exclusively by the active negligence of Licensor, its officers, agents or employees. 10. Contractors: No work on Licensor's premises shall be commenced by any contractor for Licensee until such contractor has entered into Licensor's standard Contractor's Right of Entry agreement covering such work Form C.S. ).4()() JlniIed: December., 1992 AI'I'fIM"l as 10 form by GencraI Counsd Mwch 23, 1993 .OS~734..S Seplcmber 16, 1996 lOB Page 4 of 4 11. Non-assignability: This Agreement is not assignable, in whole or in part, by Licensee without Licensors prior written consent. 12. Liens: Licensee shall pay in full all persons who perform labor on said premises for Licensee, and will not suffer any mechanics' or materialmen's liens to be enforced against Licensor's premises for work done or materials furnished at Licensee's instance or request. If any such liens are filed thereon, Licensee agrees to remove the same at Licensee's own cost and expense and to pay any judgment which may be entered thereon or thereunder. Should the Licensee fail, neglect or refuse so to do, Licensor shall have the right to pay any amount required to release any such lien or liens, or to defend any action brought thereon, and to pay any judgment entered therein, and the Licensee shall be liable to the Licensor for all costs, damages, and reasonable attorney fees, and any amounts expended in defending any proceedings or in the payment of any said liens or any judgment obtained therefor. 13. Said structure shall be instalJed in accordance with minimum requirements of Form CS 1741, also attached and made a part hereof. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. LICENSOR By J"-'" L ?7?~ (T Manager-Contracts LICENSEE By (Title) ~ 1 J 1 I I I I)tO I II , r I I I r /I .. I I , I I I "I I ~ I I I I I I I I I I l:l;: I , I I I I 1111.... 11II 1'"1'0}( 11II I I I I II I I I I 1 1 I I I' ~ I< I. 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N N N N~;"::::;"~:OCoto~ N r"l ... c c " :> L . ~ .. ...J cr <",w !NQ: ~:... ~iii~ ;; z v 'l:tN N N ::::~N:::::;'~ N, '" vio ~ .:: ~ MEMO tOC To: City Council thru City Administrator / Frank Sinclair, POTW Superintendent thru Public Works Director ~~~ C~:~i-~ Bid Award for Diesel Tractor with Attached Flail Mower. From: Subject: Date: November 8, 19% RECOMMENDA nON: The contract for purchase of a diesel tractor with attached flail mower be awarded to the lowest bidder i.e. to Ernst Hardware Co. in the amount of $11,865.00. BACKGROUND: City of Woodburn bid number 97-02 for a diesel tractor with attached flail mower was opened and publicly read at 2:00 PM on October 25, 19%. The results were: Bidder Model Price 1. Ernst Hardware Co, John Deere 855 2. Lennon Implement Co. John Deere 855 3. Fisher Implement Co. John Deere 855 4. Northwest Outdoor Equipment, Inc. 10hn Deere 855 $11,865.00 $13,250.00 $15,500.00 $15,185.00 Ernst Hardware Co. of St Paul has met all the tractor specifications including the requirement of 70 hours or less operational time on the tractor. The Ernst Hardware Co. Tractor bas 63 hours of operational time on their machine. The tractor also bas a new tractor wananty of 24 months. Ernst Hardware Inc. provides new tractor warranties of 24 months for any tractor with less than 250 operational hours. The serial numbers of the tractor and flail mower are: 183558 tractor 00 1172 flail mower The tractor has been physically inspected and it meets the specifications. The current Diesel tractor and mower was purchased in 1980. It has reached the end of it's useful life. It bas become unreliable and replacements parts are difficult to obtain. Replacement of the tractor and mower bas been an identified need and funds were budgeted from the Wastewater Treatment Replacement Fund this fi.scal year MEMO 10D TO: THROUGH: FROM: SUBJECT: City Administrator for Council Action Public Works Director ~ ~ Julie Moore, C.B. Tech IIt:fY"......J Restricted Parking Proposal for Park Circle and Park Avenue North of Alexandra Avenue DATE: November 21, 1996 RECOMMENDATION: It is recommended that City Council authorize parking restrictions implemented on Park Avenue at the locations listed below: 1) NO PARKING from Mt. Hood Avenue to the north intersection of Park Circle. 2) 4 HOUR PARKING from the north intersection of Park Circle to Alexandra Avenue and all along Park Circle BACKGROUND: A parking problem on Park Avenue near Mt. Hood Avenue has come to our attention. Park Avenue is classified as a collector street. It has a 60 ft. right-of-way and 37 ft. paved width, which widens to 40 feet near the intersection ofMt. Hood Avenue (Hwy. 214). The last traffic count taken showed 3,070 vehicles using this street daily. There are numerous vehicles being parked in this area continually which is creating sight visibility problems, causing congestion, and hindering the street sweeper from regular street maintenance. Turn lanes are recommended to be painted near the intersection ofMt. Hood Avenue to separate turning movements. With turn lanes painted, No Parking signs will need to be installed on both sides of Park Avenue from Mt. Hood Avenue south to the northern intersection of Park Circle. This area south of the northern intersection of Park Circle would not require No Parking signs for the purpose of the turn lane designation, therefore it is recommended that the parking be restricted for a period of four hours in this area. However, it could be restricted to No Parking if the Council so desires. The developer of the residences on Park Circle is concerned that if the parking is restricted south to the community garden area then the vehicles being parked on Park Avenue will be moved to Park Circle. Therefore, four hour parking restrictions are recommended for Park Circle also. These parking restriction will allow some on-street parking but keep the road clear for the sweeper and provide for better visibility and safer driving conditions. The Police Department will treat the parking restrictions as a priority four level of service, which means they will respond to higher priority calls for service first, --c;J . U I l ..... I r .GJ IOD NT . HOOD AVENUE .... (I) Q) 0) .... .... .... .... 0 0 PARk CIACLE ~- . I 11490 · ZE 0 1152 1164 0 ~ .0 ~~: 16670 11410 1655 0 16390 11370 11350 ~ 0 1138 . 1637 0 . ~ 0 1136 1635 0 · 11330 01134. 1633 0 . PARK CIAClE .... -----.. - 1740 PARKVliW VILLAGE 28 UNITS o o lO N .... 1755-65- D. ~ UNI TIERRA L NT. HOOD o .t~~ . . 16310, 16290 1627 0 1625 0 1750 o. CITY SHOPS ,1469 II c I Q.' o PARK APARTMENTS 26 UNITS . -. AI EXAtIItA .' - , --- --- ' AVENUE 14450 .......... A No P A-1L\L.:1 N (q. .. Lf ltoU( PftUtNb-- I .: ~itr:,~ ~--,~':O!t~:~ M..E..MJ1 tOE TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs. City Administrator ~ Resumption of Fult-Time City Attorney Position November 21. 1996 RECOMMENDATION: That, with Council concurrence, the Mayor select two Councilors to assist her in negotiating a suitable personal services contract with N. Robert Shields, City Attorney, to return the City Attorney position to full-time salaried employee status. (Resultant contract will be presented to the full Council for final approval. ) BACKGROUND: On numerous occasions, the Mayor and individual Councilors have inquired as to the possibility of increased hours and/or returning the City Attorney position to a full-time status in view of constantly increasing need for legal services. It is in response to those inquiries that this recommendation is made at this time. As you are aware, the City historically had a full-time City Attorney prior to the passage of Ballot Measura 5 in 1990. For some time prior to that, when the City had a full range of municipal court services, the City even employed a part-time assistant City Attorney. In 1991, the assistant position was eliminated entirely and the salaried City Attorney position was eliminated, with the position incumbent, N. Robert Shields, rehired on a part-time contractual basis. This arrangement currently calls for a maximum of 26 billable hours per week on Mr. Shields' part, This time is presently compensated at $ 50 per hour, with the City providing most of the necessary overhead/secretarial support. Separately, on an .as needed basis., Mr, Shields handles the City's forfeiture/drug seizure legal work and has periodically been engaged by the Council for .special litigation. projects over and above the usual 26 hours (such as Emanuel Hospital, Mar-Dene, etc.). The City Attorney position is an integral part of any city government. This is recognized under our own Charter by virtue of the fact that the City Attorney, like the Municipal Judge and the City Administrator, autonomously reports directly to the elected body. In 1991, along with reducing the scope of the City Attorney position, the City elected to transfer criminal jurisdiction over many traffic and minor criminal matters to the State District Court system. The two concurrent actions resulted in an expectation that, without the various duties of court .prosecutor", the City Attorney would be in a better position to handle remaining municipal issues on a less than full-time basis. Nevertheless, the continuing and relentless growth in our city, a new degree of sophistication in respect to seemingly .everyday details. and an increasingly litigious society make the City Attorney's task far different than what it was just five years ago. These factors, combined, suggest that the city routinely needs more access to its legal counsel than the present arrangement permits. Within the time allocated, Mr. Shields continues to do very professional work for the City of Woodburn, consistently maintaining the highest standards of integrity and quality of work product. Due to both these qualities and his experience, he is well known and respected by his peers statewide. With that degree of experience comes an inherent efficiency; in knowing readily how to most effectively approach an issue in the first place, in knowing what extraneous factors mayor may not be relevant to the issue, and in "getting the job done right the first time". Page 2 - Memo/Full-Time Attorney (11/21/96) tOE I have taken the liberty of discussing with Mr. Shields, on a preliminary basis, the possibility of resuming full-time employment status. His initial reaction has been positive but, understandably, cautious. As a result of the existing arrangement, Mr. Shields has been able to build up a concurrent private practice over the past five years in addition to upholding his contractual obligations to the City of Woodburn. From his perspective, there is likely some distinct risk, as well as some distinct benefits, in considering a change of this nature. If the Council enters into discussions with Mr. Shields in respect to a full-time salaried arrangement, job security will probably be a concern in terms of the other client base he would lose, and might not easily regain. In that regard, Mr. Shields may understandably request a personal services contract setting out the terms of the position and addressing any future severance from city service. Such contracts are common among city attorneys, city managers, school superintendents, etc. Mr, Shields will undoubtedly want to be compensated in a manner commensurate with his experience, and transition timing may also be a matter to be negotiated with the Council. Based on comparative data I have solicited from other cities, a "ballpark" figure for a full-time 40 hour position might involve a salary range of $65,000 to $72,000 per year, Assuming an additional $23,000 for related payroll taxes and benefit package, this would, at most, amount to approximately a 41 % increase in cost. but would afford the City a 45-55% increase in available time. Assuming an implementation within the next several months, I have identified unanticipated General Fund working capital carryover dollars sufficient to offset these added costs. However, specific additional budgetary appropriations will have to be created through a supplemental budget during the current fiscal year. Staff has already determined that a supplemental budget will be necessary sometime during the year to deal with other issues (not related to General Fund). Any increase in City Attorney availability, whether increased part-time hours or a full-time salaried position, brings with it an increased amount of secretarial and support services, which is more difficult to quantify. Presently, the City Attorney and the City Administrator share one secretarial position. With careful monitoring, we can make this arrangement work satisfactorily through the end of the fiscal year. Adjustments could be merited at that time, but will be minimized to the extent possible. In terms of any budget reductions that may be necessitated by the recent passage of Ballot Measure 47, it will simply be a matter of reprioritizing in other less critical areas to ensure that the revised City Attorney arrangement is sustained through future budget years. 14A MEMO TO: FROM: SUBJECT: DATE: Mayor and City Council through City Administrator Planning Commission ~ LG. site Plan Review 96-16 universal Forest Products November 21, 1996 At their hearing of November 14, 1996 the woodburn Planning commission approved, with conditions, Universal's Expansion ReQuest. NATURE OF APPLICATION: The applicant Is reQuesting site plan review approval for the construction of a lumber storage shed. The building area Is 6750 sQuare feet or 30' x 225'. The property Is located at 2895 progress way In Woodburn and Is zoned IP - Industrial Park. The property can be Identified specifically on Marlon County ASsessor Map T5S, 1W, Section 50 Tax Lot 12600 Account 192350090. See attached site plan. RELEVANT FACTS: In a previous site Plan Review (Case 185-08), a condition of approval from the planning division was that the off-street parking for twelve (12) vehicle spaces shall be considered only temporary and shall be removed upon completion Of Improvements of progress way along the frontage of the applicants property. The removal of the twelve (12) parking spaces from the street right-of-way shall take place when the property to the north-east Is developed or a full street width Improvement takes place on progress Way. SG:nd ~ - - / w z ~ --' z ....... <[ ~ ~ ~ I ",' ~ ~ '9 ..f ~ I f- ~ ~ ~ 1 ;.. ~~e-'\ ft ~I j4'$'lt ~ 0'. 1:. !~ .! ~J t= .. tea - .. \J 't a ":;t:::J .J " v ~:t ~ \! ~~~::s ~ ", I I 1- (II .(11 I~ ~ ~ 8 Z' X . ~R o - 0 - t#-o - - - - - - - - -' - - - - - ~[- Q: - <lit - - t!w '> ~;::~ " . ~5~ / " - . .-(:.: - - . ~,~ -"'!O$. ~ -....J ' J.f "'-- ,,-.. " / " . ....... 3:s"~6' / ............... / ....... / ,,1,/ ~'f,". /" / / / () .~ I I I . I I it I . . \ , 14A <0 en ~~ .r> ~ <., ~"_"l o u.; 2: lLl U W 0:: C/) I- U ::) t=l o ~ a.... ~.. ;.,f . r r- JJ C/) i 'ft Z W ~~-! <I: ~ii i .-J D~~~ a.. u... 'C II! ~ \,)' III ~ ~ ~'i }:: ~ K), .-c (/)~~ 4 (I) ~. ~ ~ ~ W"i ~'= " - >~~~ ~~~~ Z ::J ~/ ., - ~~ ,. ~ ~ " ~" - L " ~ tV t ; --1.1- - .... 'l - - I, ~ I~ ~'-J -1, .(.. !::. " ~ r I I ! , . 1 , ! i , , ~ { :-t ~ ~\ . ~ i . -'J . r ~ ~ 14A JI 1 ~l' t ~ 1\ .~ ~ , ~ .. I~ ~~ !Ii~ =Ja! .... ... tt ..~ = ~c ...~ 15A MEMO TO: MAYOR AND CITY COUNCIL FROM: CHRIS CHILDS, CITY ADMINISTRATOR NOVEMBER 21, 1996 ~ DATE: SUBJECT: BOARD/COMMITTEE POSITIONS The following positions on various city boards and committees will expire on December 31, 1996, or are presently vacant (the names of incumbents are shown in parentheses): Budget Committee Position 1 - (Gary Hammack) - 3 year term Position 6 - (Barbara Lucas) - 3 year term Planning Commission Position 2 - (Terry Will) - 4 year term Position 5 - (JoAnn Bjelland) - 4 year term Recreation and Park Board Position VI - (Mari Worley) - 3 year term Position VII - (Barbara Rappleyea) - 3 year term Library Board (No terms expire in 1996) Cable TV Advisory Board Position 6 - (Jack Barnett) 3 year term Position 7 - (Milt Parker) - 3 year term (I also anticipate a vacancy in another position < 1 year term>, but letter of resignation not yet received). MEMO 15B FROM: City Council through City Administrator Public Works Program Manager4 ~ TO: SUBJECT: Establishment of City Well Field DATE: November 20, 1996 ACTIONS TAKEN: This week the city requested that the Oregon Water Resources Department create a city "well field" and allow water flow volume permitted under all city water rights documents, whether active or inactive, to be pumped from any or all of the city's wells. The request also expands the designated place of use to include the existing urban growth boundary. The documents were prepared in consultation with the staff of Water Resources Department and have been sent under the mayor's signature. ADVANTAGES: If the requests are approved by the Water Resources Department the city gains a great deal of flexibility in dealing with water demands. Water rights will not be lost when a well is abandoned, the permitted water volume can be pumped from each well as needed in the amount needed without regards to the limitations of a single water right and new wells can be drilled without the process of applying for addditional rights. BACKGROUND: The City currently has 12 separate water rights permits, registrations or certificates, each of which authorizes the appropriation of groundwater for municipal use. Each of these three water rights documents is affected by slightly different rules as administered by the water resources department. These 12 water rights have priority dates ranging from 1913 to 1993. In total these 12 water rights give the city rights to 20.45 cfs (cubic feet per second) or approximately 13.2 mgd (million gallons per day), which is an amount sufficient to meet the city's needs for at least the next 20 years. All of the city's water is drawn from the Troutdale Aquifer which underlies the city. All of the city's water rights documents state that they are for municipal use and that ~ 15C MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator ~ SUBJ.: Appointment to GOy't Law Section Executive Committee DATE: November 21, 1996 It may be of interest to the Council to know that Woodburn's City Attorney, N. Robert Shields, was recently selected by his peers to serve on the Executive Committee of the Government Law Section of the Oregon State Bar. This committee of approximately 12 individuals acts as the policy making body of the Government Law Section. The section itself has over 300 member attorneys statewide who represent various cities, counties, special districts and state agencies. /58 City Council through City Administrator November 20, 1996 page 2 the place of use is within the city's boundaries. The actual property described as the city's boundaries vary from document to document because the city limits have expanded over time and the older documents were never updated as these changes were made. Currently the city's registrations, certificates and permits require it to pump and use water from each well in accordance with the terms and conditions of the particular document covering that well. This arrangement makes the city's water system less flexible than it could be. I I ~f~fN~- I 1flA: I.){tt~-lI I I ~ -<..,<-, 0<(- ~ ~. .ARCHITECTURE. p,C,.. ~.. Rand31 S. Sauoden . Atcbit.cctIPrestdent 22~ COUNTRY CLUB RD. (S03) 982-1211 WOODBURN; OREGON 91011 (S03) 370-1929 . fP1OJ~'f-NO. 9"1~ ,J()L;f Iqtt(p 6-)cl":f('IH~ ~&tfl FI~IU~ ! :s: i ~'+I- ClA!.AHr>>~VJI T~ UA. -~ ~~11~~ - '1"~ ~ ANP " ~~~ -- ~ Wfe C~ \fOPt tiA~P.c:~~ - F 1,."1 ~PJU.1 ~~"'~IC4 '. ~ UN~P7a.>>lD , ~1'''I<-A~ ~~ O~I~-ftlA~, , '" I" ::.10' -011 - --.----It- -fARCHITECTURE.P.C,------ ~.t . iWldIl S. SIlIDdm . An:hitcdlP=ident ll25COUN1RYCI.UB RD. (503) 982.1211 WOODBURN. OREGON 97011 (503) 37~7929 --pPtQJ~1" Nt'). ct"ItJ[--- - oJ UN6--mCl-------- -.. __n_______ af'..~At1a~1.- r:=e~e. /1.161Hr FP<"L.J~e / I _\t\\t)oo~u~~ t1e NTf<.! .A~ ~) \- TM7H \..b ~et-eF"~ ill <:L L ~H1 t:-- fl.x:rLJ~ ~ ()\. rA"~7 \\.! 9f'e~ ~ UP :::I:: U61HI fIXTU~1S c,Li~e vuT F~~ HAHDIC-'Aj Ac,ve~ Lt?w t1A~l o -- \N,AI,\'" "- TF-A~H FC-eteFlA-u..e flr<.7T ~f2-~t:T o ~ 11f.. fL.Al-J t<e~O~~lJoret7 11 1'=: \I\1AL..iC- $ (/1Jr<-e ~m4 fA~e<. II" 10'- 0" ~~ " PAGE ONE COST ANALYSIS - PHASE ONE IMPROVEMENTS HAYES AND FIRST STREET STREETSCAPE IMPROVEMENTS WOODBURN I OREGON RSS ARCHITECTURE, P.C. ARCHITECT'S PROJECT NO. 9619 PHASE ONE IMPROVEMENTS - REVISED 10/96 1. 2. WATERLINE EXTENSION: 100 LF X $15.00/LF= 100 AMP ELECTRICAL SERVICE PANEL WITH PEDESTAL: ONE= FREEZE-PROOF HOSE BIBB WITH LOCKING VAULT: UNDERGROUND ELECTRICAL SERVICE: 300 LF X $15.00/LF= NEW CONCRETE CURB: 75 LF X $7.25/LF= REMOVAL OF TREE BOXES: FOUR X $100.00/EACH= CLEANOUT WITH COVER FOR TREE STAND: ONE= 3 . 4. 5. 6. 7. JULY 151 1996 $ 1/500.00 $ 750.00 ONE= $ 500.00 $ 4/500.00 $ 544.00 $ 400.00 $ 125.00 SUB-TOTAL: ----------------------------------------------------------------- 10% CONTINGENCY: $ 8,569.00 $ 857.00 TOTAL ESTIMATED COST: -------------------------------------------------------------------- S 9.426.00 ~ I ..l~~.J$ Q1:a\..!'2!V!& l:aac:JJ.0 ~,l v~ 1 J ~ -~ ~ ~ li ~ .go- o: I i~ o-:~ 111~ ui ;;;;:; 0 -:z CL. II U. 7.~ ~01 :J U t- 'E" l- II lU U ;: ~ ~l w l- I & ~~ L \I\~ u "lI II ! <tA g~ l- V .; ~o ~ 1=-= .. ! ~~ 1-.. ~ ,,~ u; ~ i ~ il <( Q.... ~ "0 .,. - 0 . cO ~ i<S J ffi: . r- t:-: ~ . ~ - ~ ~ It" "" ~ Jt\ ~ 41 0.1 ~ :1., t \r. -0. ~: \L x. \ :i .. 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