Agenda - 04/08/1991CITY OF
270 Montgomery Street
WOODBURN
Woodburn, Oregon 97071 · 982-5222
AGENDA
WOODBURN CITY COUNCIL
APRIL 8, 1991 - 7:00 p.m.
1. C/~! TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. MINUTES
Ao
B.
C.
D.
City Council minutes of March 25, 1991.
Woodbum Planning Commission minutes of March 21, 1991.
Woodburn Library Board minutes of March 27, 1991.
RSVP Advisory Council minutes of March 11, 1991.
3B
3C
3D
4. APPOINTMENTS AND ANNOUNCEMENTS
Ao
Appointment
1. Planning Commission Appointment.
4A
Announcement
1. Special Council Meeting - April 15th, 6:00 p.m.
5. COMMITTEE REPORTS
A. Chamber of Commerce
B. Woodburn Comeback Campaign
6. COMMUNICATIONS
A. Written
1. Facility Expansion - Children's Services Div: Fairway Plaza
2. LOC - Joint Legislative Conference: April 22, 1991.
Page 1 - Agenda, Woodburn City Council of 4/8/91
6A.1
6A.2
9.
11.
12.
14.
15.
16.
BUSINESS FROM THE PUBLIC
(This allows public to introduce items for Council consideration
not already scheduled on the agenda.)
PUBLIC HEARING
TABLED BUSINESS
GENERAL BUSINESS
Ao
OLCC Compliance Plans: Crossroads Deli, Home Plate Market
Raven Inn, Pub 99, La Linda's.
10A
Council Bill No. 1287 - Resolution authorizing software license
agreement with MSI Group for court package.
10B
Council Bill No. 1288 - Resolution authorizing software maintenance
& enhancement agreement with MSI Group. 10C
Council Bill No. 1289- Resolution authorizing & amending public
parking lot time limitations on downtown parking lots. 10D
E. Council Bill No. 1290 - Ordinance imposing transient occupancy tax. 10E
Council Bill No. 1291 - Ordinance authorizing sewer capacity fee
payment plan for subsurface disposal users. 10F
Council Bill No. 1292 - Ordinance authorizing cost recovery from high
strength industrial users of WWTP .10G
APPROVAL OF CLAIMS
PUBLIC COMMENT
NEW BUSINESS
SITE PLAN ACTIONS
A. Front Street commercial/office building.
STAFF REPORTS
14A
17.
A. Building Permit Activity for March, 1991.
B. Census Summary.
MAYOR AND COUNCIL REPORTS
15A
15B
18. ADJOURNMENT
Page 2 - Agenda, Woodburn City Council of 4/8/91
COUNCIL MEETING MINUTES
March 25, 1991
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0001 DATE. COUNCIL CHAMBERS, CiTY HALL, CiTY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, March 25, 1991.
0003 CONVENED.. The Council met in regular session at 7:00 p.m. with Mayor Kyser
presiding.
0011 ROLL CALL
Mayor Kyser Present
Councilor Figley Present
Councilor Galvin Present
Councilor Hagenauer Present
Councilor Jennings Present
Councilor Sifuentez Present
Councilor Steen Present
Staff Present:
City Administrator Quinn, City Attorney Shields, Public Works Director 'r~vari,
Community Development Director Goeckritz, Park and Recreation Director Holly,
Police Chief Wright, Finance Director Gritta, Deputy Recorder Tennant.
.0023
MINUTES.
JENNINGS/SIFUENTEZ .... approve the Council minutes of March 11, 1991; accept
the Planning Commission minutes of March 14, 1991, the Park & Recreation Board
minutes of February 7, 1991, and the Downtown Association minutes of March 12,
1991. The motion passed unanimously.
Administrator Quinn advised the Council that United Disposal Service will be
providing dumpsters for yard debris on March 30 and 31, 1991, as part of the
annual Spring Clean-Up week. As in the past, the dumpsters will be located at
several locations throughout the City.
0067
CHAMBER OF COMMERCE REPORT;
Dan Glennon, Chamber President, stated that the Oregon Ag Fest will be held on
April 12th at the Oregon State Fairgrounds. He issued an invitation to the Council
to attend the Ag Stars awards program, sponsored by the Woodburn Chamber, to
be held at the Jackman-Long Building, 6:00 pm - 9:00 pm., on that date.
0101
PUBLIC HEARING - TRANSIENT OCCUPANCY TAX.
Mayor Kyser declared the public hearing open at 7:03 p.m..
Administrator Quinn reviewed the staff report which outlined the major provisions
of the proposed ordinance. He stated that the proposed tax would apply to
Page 1 - Council Meeting Minutes, March 25, 1991
COUNCIL MEETING MINUTES
March 25, 1991
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0338
O789
hotels, motels, boarding housings, mobile home/trailer parks, and RV parks and
would be applicable to occupancy of a unit for less than a 30 day pedod. Current
taxes levied by communities within our area range from 5% - 10%, therefore, it is
proposed to establish a 6% tax of which the operators would retain 10% of the tax
collected for their handling fee. Disposition of the remaining funds is a policy
decision of the Council, however, it was suggested that the Chamber receive
some funds for tourism promotion.
Jay Kimball, representing Hospitality Associates (Comfort Inn), stated that his firm
did not object to the tax, however, they questioned the amount of the tax and the
disposition of the revenue. He stated that the current tax rate in Wilsonville is 5%
while Salem charges a 6% tax. He contended that similar tax rates would reduce
the occupancy rate in Woodburn since most of the patrons are shopping around
for the best rates. In regards to expenditure of revenues generated from the tax,
he suggested that the money be used on promoting tourism rather than park or
road improvements.
Mary Carroll, Manager of I-5 RV Park, stated that the park experiences similar
circumstances as the Comfort Inn motel and compet'Cdve pdcing is a factor in the
occupancy rate of the RV park. She also suggested that the City enact or enforce
any law(s) which would prohibit overnight parking in parking lots.
The public hearing was declared closed at 7:27 p.m..
Mayor Kyser stated that the City of Salem is proposing an increase in their
transient occupancy tax from 6% to 10%. He also stated that he is willing to give
the Chamber of Commerce some of the revenues for tourism promotion.
Discussion was held on the amount of revenue to allocate to the Chamber and the
disposition of remaining funds in support of city operations.
JENNINGS/STEEN .... instruct staff to draft an ordinance adopting a 6% transient
occupancy tax with 10% to be retained by the collector, 10% to the Chamber for
tourism with a $4,000 limit, and the balance of funds collected to the General
Fund. The motion passed 5-1 with Steen voting nay.
1029
APPEAL OF VARIANCE #91-01 -- ROBERT MONTGOMERY.
Robert Montgomery appealed the Planning Commission decision to deny a
variance request to place a garage approximately two feet from a side yard
property line instead of the required five foot placement. Options available to the
Council on the appeal request were: (1) refer the matter back to the Planning
Commission for further consideration, (2) affirm the action of the Planning
Commission and deny the appeal, and (3) set the appeal for hearing before the
Council.
Councilor Jennings advised the Council that he would abstain from the discussion
on this issue since he had a potential conflict of interest.
Following a bdef discussion on the available options,
Page 2 - Council Meeting Minutes, March 25, 1991
COUNCIL MEETING MINUTES
March 25, 1991
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HAGENAUER/FIGLEY .... approve the Planning Commission decision to deny the
variance based on the findings of the Commission. The motion passed 5-0-1 with
Jennings abstaining.
1094,, COUNCIL BILL 1286 - RESOLUTION AUTHORIZING A SUPPLEMENTAL
AGREEMENT TO STATE HIGHWAY DEPARTiVIENT CON l ~AC¥ #10471
REGARDING HIGHWAY 214 ROADWAY IMPROVEMEN]'~.
Council Bill 1286 was introduced by Hagenauer. The bill was read by title only
since there were no objections from the Council. On roll call vote for final
passage, Council Bill 1286 passed unanimously. Mayor Kyser declared the bill
duly Ipassed.
1147
1179
1191
UQUOR UCENSE APPLICATION - WESTVIEW TEXACO.
Police Chief Wright recommended the approval of a new ownership package store
liquor license submitted by Barry Sullivan and Dean & Unda O'Donnell DBA:
Westview Texaco.
JENNINGS/SlFUENTI=7... approve the liquor license application as recommended
by staff. The motion passed unanimously.
REQUEST FOR STREET CLOSURE AND USE OF SOUND AMPLIFYING
EQUIPMENT.
The st~"~ recommended Council approval of a request from Ramon Ramirez,
representing PCUN, to temporarily close a city street in the downtown area and to
use sound amplifying equipment on May 5, 1991 for the Cinco de Mayo
celebration between the hours of noon and 7:00 p.m..
SIFUENTEZ/FIGLEY ....approve the application for temporary street closure and
sound amplifying equipment for the Cinco de Mayo celebration. The motion
passed unanimously.
Mary Carroll, Manager of the I-5 RV Park, questioned the Council on the six month
rule pertaining to residency within an RV park. The staff advised her that Oregon
State law prohibits individuals from staying at the same location for more than six
months.
1143
Ramon Ramirez expressed his appreciation to the Council for their approval of the
temporary street closure and use of amplifying sound equipment on May 5th. He
also invited the Council to attend the 12th annual Cinco de Mayo celebration.
1372
Dan Glennon, Chamber President, stated that the Chamber of Commerce agrees
with the 10% or $4,000 limit of occupancy tax receipts for the current time period.
Page 3 - Council Meeting Minutes, March 25, 1991
COUNCIL MEETING MINUTES
March 25, 1991
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However, he requested that the Council reconsider the limitation in a few years as
annual revenues increase and the need for tourism promotion increases.
Mayor Kyser assured Mr. Glennon that the ordinance could be amended at a later
date to update the revenue amount to be forwarded to the Chamber of
Commerce.
1483
Councilor Jennings stated that the West Woodburn area has had a series of
vandalism incidents caused by minors between the ages of 6 and 14. Police Chief
Wright stated that he has requested curfew ordinances from several Oregon cities
in order to review their standards versus state law. Oregon State Law currently
designates curfew between the hours of 12:00 a.m. and 4:00 a.m..
1774
In reviewing a staff report on the K-Mart/Bi-Mart storm drain improvements, Public
Works Director Thvari stated that the developers have decided to finance the
improvement rather than pursuing a Local Improvement District.
Director T'~tari also advised the Council that the installation of a traffic signal on
the southbound ramp of the I-5 interchange will be completed by November 15,
1991.
1820
Councilor Steen questioned the staff as to how soon a draft curfew ordinance
would be presented to the Council. Police Chief Wright stated that he anticipates
submitting some information to the Council et their last meeting in April.
1847
Councilor Figley complimented the Park Department on the installation of
playground equipment in West Woodbum and Nelson parks. She also expressed
her appreciation to the Police Department for their assistance at the Comeback
Campaign's community event on March 16th.
188O
Mayor Kyser advised the Council that he would be attending a meeting in Salem
on March 263J~ which will consist of Congressman Kopetski and Mayors from
seven communities within our local area.
1904
ADJOURNMENT.
The meeting adjourned at 8:00 p.m..
AFl'EST
APPROVED
Fred W. Kyser, Mayor
Mary Tennant, Deputy Recorder
City of Woodburn, Oregon
Page 4 - Council Meeting Minutes, March 25, 1991
MINUTES
WOODBURN PLANNING COMMISSION
MARCH 21, 1991
1)
2)
3)
ROLL:
President Mr. Johnson Present
Vice President Mr. Vallieres Absent
Commissioner Mrs. War-zynski Present
Commissioner Mrs. Sprauer Present
Commissioner Mr. Park Present
Commissioner Mr. Shillig Present
Commissioner Mr. Rappleyea Present
Commissioner Mr. Scott Present
Commissioner Mr. Guerra Present
Staff Present - Steve Goeckr'~z, Community Development Director
MINUTES:
The Woodburn Planning Commission minutes of March 14, 1991 were
approved as written.
MOTION TO RECONSIDER:
Staff read the statement from the City Attorney on the motion to reconsider.
Staff then read the three alternatives that were brought up at the meeting
of March 14, 1991. Staff made clear that no testimony could be heard from
anyone in the audience and staff could only discuss with the Commission
what was already on record.
Commissioner Warzynski made the motion to reconsider Site Plan #91-01.
Commissioner
seconded the motion.
A vote was taken and passed five yes, one no.
Commissioner Shillig abstained.
President Johnson asked if there was any discussion on the motion made
at the March 14, 1991 hearing.
Commissioner Guerra had a question about the financing of the road. He
understood that the developer and the City would work out a compromise
in lieu of the building of the road. He felt that the entire burden should not
be put on the developer. The previous vote implied that the developer
would be burdened with the entire improvement of the road.
Commissioner Park stated that all decisions that have been made in the
past required the developers build the roads. He felt that the Commission
should not change its policy.
Commissioner Warzynski stated that the way she understood it was the
developer who was going to pay for Front Street and she felt they would
be getting the double whammy if they would be required to pay also for the
east/west road.
President Johnson asked staff if the developer was going to pay part of
Front Street.
Staff answered that Mr. Tiwari stated at the earlier hearing the City would
pay for the east side of Front Street and the developer would be
responsible for the west side. The widening of Front Street would be from
the south property line to the north property line.
President Johnson asked what the rational was for requesting this road.
Staff answered that in the statement in the minutes from Mr. Tiwari, "from
an engineering point.., the street makes good sense".
Mike Quinn, City Administrator, questioned the utility of the east/west street.
He stated that he would be happy to answer any questions. He did remind
the Commission that the public hearing had been closed and that he could
only answer questions on the information received at the hearing.
Commissioner Guerra stated that if the Commission decided that the
project frontage was on the south side of the property when discussing the
public road, he felt that there was no question that the developer as well as
the city were obligated. If we are defining the frontage as on Front Street
then the developer wouldn't be obligated to any cost except to the cost on
Front Street.
Staff stated that he wanted to make one additional point. In talking about
cost, the City Council will determine who pays what cost, the Commission
can only recommend there be a street there.
2
Commissioner Warzynski asked for the motion to be read that was to be
voted on, presented at the last meeting.
Staff read the motion from the minutes of March 14, 1991 which called for
the developer to build the road at the time of the building construction.
Commissioner Warzynski asked if a vote could be called for and then go
on with more discussion.
A motion was made by Commissioner Warzynski and seconded by
Commissioner to overturn March 14, 1991 's condition to require the
developer to build the street at the time of building construction. The
condition was overturned 5 .to 3.
Commissioner Rappleyea felt that with no access out to Hwy 214, it is very
important that an east/west road be built. He made the motion to approve
Site Plan #91-01 with the condition that the developer improve Front Street
and dedicate the east/west road and this road be built when Grace Village
property is developed. The two people who would be assessed in the
building of the road would be Stonehedge Apartments and Grace Village
property because these two properties will benefit.
Commissioner Warzynski seconded the motion.
Staff asked for clarification,if this motion was similar to the motion that was
voted on March 14, 1991, just a different time frame.
Commissioner Guerra stated that yes, they would be assessed in the
future,no up front cost. He believed that this road should be built.
Commissioner Sprauer stated that her understanding is that the road is
simply dedicated for the future and not stipulated who will pay.
Commissioner Park stated that a roadway would enhance this development
because it would make it easier for the residents to get in and out without
the traffic on Front Street. He felt that this was a good compromise.
President Johnson asked staff to clarify Commissioner Sprauer's
understanding.
Staff stated the City Council would decides who pays for the road.
Commissioner Scott asked what was the LID process for Woodburn.
3
Staff answered it was similar to any other community in which those people
that benefit are those who participate.
Commissioner Scott asked what if they dedicate the road, the Commission
couldn't put a stipulation on it of who is to pay. If there is access to Hwy
214 they will be increasing traffic in their development.
President Johnson asked since the State is restricting access to Highway
214, does this shift any responsibility of subsequent roads to the city or
State.
Staff answered, in this case you would either access one property from 5th
Street or the other from Front Strest therefore the state does not have any
jurisdiction.
President Johnson stated that he was not comfortable with the fact of
dedication of the road. The development would have multi-accesses round
the property, the developer has some legitimate concerns regarding the
security.
Commissioner Park asked for clarification, if the Commission ask the
developer to dedicate the road, when it comes time to build the property
owners to the south will have to share in this cost. He asked if the City
Council would make that decision.
Staff answered that if they benefit from the road they could be assessed as
part of the improvement under a local improvement district.
Commissioner Warzynski asked if the Woodburn Trucking Company is
commercial, is that a commercial zone by it's self and do they have direct
access on to Front Street.
Staff answered yes to both questions.
Commissioner Guerra clar'~ied the motion. If this motion passes the road
will not necessarily be built, but the developer will be dedicating the
property for future use.
Commissioner Warzynski asked for Commissioner Rappleyea repeat the
motion.
Commissioner Rappleyea did.
4
4)
Mike Quinn stated that Commissioner Rappleyea has made a motion as a
requirement to the developer to dedicate the land but not have to do the
up front development cost. He also included an additional section on his
motion, "the Planning Commission recommendation to the City Council that
in the future it shall be developed as required by the city. Mr. Quinn
wanted to clarify that if this was the motion, it should be understood the
developer has no control over the section that says that Grace Village and
Stonehedge has to pay for the roadway. That can still be the Commissions
recommendation to the Council. He wanted the distinction in his mind that
this was not a requirement of the developer, his requirement is to dedicate
the land and in the future he will participate in what ever the city plans in the
future, whether it is an ED or participation or whatever. He wanted the
Commission to know that is how he understood the motion.
Commissioner Rappleyea stated that what he meant in the motion.
President Johnson asked if there was any further discussion. He asked if
every one was clear on what the motion was. He asked if there was any
further questions on that. There were none.
A vote was taken by Roll Call: 4 yes, 3 no, I abstention
President Johnson clarified it with staff that the developer could still appeal
to the City Council.
Staff said yes.
ADJOURNMENT:
There being no further business the Woodburn Planning Commission
meeting adjourned.
5
MINUTES
MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD
DATE:
March 27, 1991
ROLL CALL:
Phyllis Bauer - Present
Doan Flomer - Present
Gloria Predeek - Excused
Jean Weatherill- Present
Jan Zyryanoff - Present
STAFF PRESENT: Linda Sprauer, Director
Judy Coreson, Recording Secretary
GUESTS: None
CALL TO ORDER: President Joan Flomer called the meeting to order
at 12:50 PM. Prior to the meeting, Judy Brunkal
demonstrated the North Valley Link, the computer
connection between CCRLS libraries and Multonomah
County, Washington County, Clackamas County and
Portland Community College libraries.
SECRETARY'S
REPORT: The monthly Board minutes of February 27, 1991
were approved as submitted.
DIRECTOR'S
REPORT:
Monthly Statistics: The monthly statistics were
self-explanatory.
Activities: A list of activities was distributed
to the Board.
Staff: Ruth Sharer, Children's Librarian, has
resigned to accept a position at Fort Vancouver
Regional Library in Vancouver, Washington.
Roof Repair Project: Bill Bland Construction will
begin the repairs to the roof as soon as the
weather permits.
Book Detection System: Linda has received
estimates from Gaylord, Checkpoint, SM, and Knogo
Companies. She plans to proceed with the Knogo
Company, as a single source vendor since their
system is very different from the others.
OLD BUSINESS:
Budget Update: The Budget Committee has finished
reviewing the budget. Approximately ~8,500 will
be put back into the library°s book budget. There
will no longer be an Assistant Director position.
However, a Librarian or Library Assistant position
may be added if new revenues are received.
NEW BU8INESS~ Non~
BUSINESS TO/FROM
THE CITY COUNCIL
AND/OR MAYOR: None
ADJOURNMENT: The meeting was adjourned at 1:40 PM.
Respectful ly Submitted
Recording Secretary
Library Board Minutes - 5/27/91 2
NEXT MEETING APRIL 8, 1991 at 11:45 AM AT BRACK'S RESTAURANT
RETIRED SENIOR VOLUNTEER PROGRAM ADVISORY COUNCIL MEETING MINUTES
DATE. 3-11-91 at Brack's Restaurant, Evelyn Mills, Vice Chairperson, presiding.
ROLL.
Anderson, Fran
Henkes, Maxie
Johnston, Bob
Staff: Harvey, Jill
Hellhake, Pat
Kolousek, Pebbel
Lorimer, Jim
Mills, Evelyn
Guest: Dalia Torres
Director of Special Projects for
Woodburn School
Minutes were corrected to read, "Dalia Torres, Director. of Special Projects for
Woodburn School District," then approved.
COMMITTEES.
RECOGNITION - Fran is checking on possible purchase of tables clothes for RSVP
Recognition events.
BUDGET - Budget Committee is done taking budget information from city departments.
Will now meet to put together package to present to City Council.
MEMBERSHIP - Letter was read to city council and mayor submitting names of new
members, Dalia Torres and Nancy Kirksey, for approval. Also, names
of Cliff Small, Ardith Stromme,.Rosetta Wangerin, and Lillian
Warz~nski were submitted for re-appointment.
CORPORATE - Discussion of how persons donating to United Way could make direct/specific
donation to RSVP without RSVP applying for United Way Funding.
HISTORIAN - Pebbel spent more time at Woodburn Independent searching for additional
information regarding history of RSVP. Hopes to have done by. end
of year.
UNFINiISHED BUSINESS.
Nancy has been meet(ng w(th ~he Museum and Mac Laren School regarding Museum Storet
NEW BUSINESS.
Jill reviewed the Grant Application Process, and Budget Management of Volunteer
Expenses.
Meeting Adjourned.
MEMO
TO: CITY COUNCIL
FROM:
FRED E. KYSER, MAYOR
DATE: APRIL 2, 1991
SUBJECT: APPOINTMENT - PLANNING COMMISSION
With the recent resignation of Mr. Bill Shillig from the Planning Commission, I hereby
submit Wesley Bauer as a new appointment to fulfill the unexpired term of this Planning
Commission position until December, 1992.
Mr. Bauer is a retired bank executive with exceptional experience and familiarity with
development projects and their financial impacts upon the community. I believe his
expertise will add a needed dimension to the Planning Commission. Mr. Bauer resides
at 1190 Randolph Road.
March 26, ]99l
DEPARTMENT
OF GENERAL
SERVICES
Facilities Division
Mayor Nancy A. Kirksey
270 Montgomery St
Hoodburn, OR 97071
Re: STATE LEASE OFFICE FACILITY LOCATION
As required by Administrative Rule OAR 125-125-040, this is to inform you of a
proposed location of a state agency leased office facility. The Department of
General Services is proceeding to negotiate a lease agreement for occupancy by
the state agency at the location described below. If you have any comments
or concerns about this state office location or require additional
Information, please contact me within 10 days of your receipt of this notice.
TENANT AGENCY: Department of Human Resources, Children's Services
Division.
LOCATION:
Approximately 7,800 square feet of office space in
Building #15 of the Falrvlew Plaza Shopping Center
in Hoodburn, Oregon.
TERM AND USE:
Ten year term beginning on or about July l, 1991,
for Department of Human Resources Division's field
office functions. This space is an addition to
the current State Office facility location.
pa~Ghim, Property Management
Property Management Section
Facilities Division
(503) 378-2865
PG:js
0654H
1225 Ferry Street SE
Salem, OR 97310
(503) 378-2865
League of
Oregon
Cities
Local Government Center, 1201 Court St. N.E., I~0. Box g28, Salem 97308.Telephone: (503) 588-6550; 1-800-452-0338 toll free; FAX: 378-585,,t
March 22, 1991
FROM:
RE:
Mayors, City Managers/Administrawrs
and City Record i.n Oregon Cities
Dick Townsend, Executive Directo
LOC-AOC Joint Legislative Conference
The League of Oregon Cities and the Association of Oregon Counties invite you to participate in a Joint
Legislative Conference to be held Monday, April 22nd, at the Chumaree Hotel in Salem. The program is
designed to present local government priorities to the Legislature in the most effective manner possible
before the final press of legislative activity.
The program will begin at 8:30 a.m. State legislators have been invited to address the group, and staff will
present legislative updates. The afternoon will be reserved for attending committee heatings and meetings
with your legislators at the Capitol. The conference will conclude with an LOC-AOC cocktail reception
scheduled from 5:30 to 7:00 p.m. at the Chumaree, to which legislators have been invited.
You are encouraged to invite your legislators to join you at the reception, and to take them to dinner after
that. Enclosed with this letter is a postcard that we are asking you to fill out as soon as possible, letting
the League know of any appointments you have made with your legislators for the 22nd. If we don't hear
from you by Wednesday, April 15, our office will be contacting you to assist you in formalizing those
arrangements.
The following is a preliminary schedule of the day's events:
8:30 a.m. Joint LOC-AOC Breakfast
10:00 a.m. Break
12:00 Noon Joint LOC-AOC Luncheon
1:30 p.m. LOC Briefing
2:00 p.m. Visits to the Capitol
5:30 p.m. Joint LOC-AOC Legislative Reception
A time to relax and socialize informally with your legislators
7:00 p.m. Dinner on Your Own
You are encouraged to invite your legislators to dinner
A conference registration form will be included in the April Newsletter. To ensure that all those interested
get a chance to register, we are enclosing several more registration forms and would ask that you distribute
them to your elected officials and staff who may not have received a Newsletter. Individuals should make
their own lodging reservation at the Churaaree (370-7888 or 1-800-248-6273).
(Over)
OFFICERS: Can(lace Barrow. Mayo~', Grants Pass, President * Joe
McLaugh#n, Mayor, Pendle~, V~ * Mike Lindberg, Com-
mission~, Poftlafld, tmasu~- * Ric~a[d Townsend, Executive Director.
DIRECTORS: Jen'y ~, Mayix, T~3xd ° Pete Han~eY· City Manager' La~ O':~'~/~:J° ° Jen~ Hull' c(xjfx:il~' Madras * Bill ~e' May~'
Spdngfleld * Bill Peiefso~, City Managec Hermiston - blad(~ Rossi, ~ Inde~ · Charles Vain, ~ Comallis * Loran Wiese,
Ma3~-. Coquille.
City Managers/Recorders
March 22, 1991
Page Two
Free time has been set aside from 2.'00 to 5.-00 p.m. to allow you to visit with your legislators and sit in on
committee hearings at the Capitol. (You are responsible for your own transportation to and from the
Capitol.) You are encouragzd to contact other ~ and ~/n your/eg/s/at/ve d/str~ to ~ord/nat~
appo/ntmen~ w/th your/eg/s/ators. Again, please inform us of appointments made with your legislators by
returning the enclosed postcard as soon as possible.
We ask the manager/recorder to coordinate registration of your elected officials, including councilors.
Your assistance is greatly appreciated, and we hope to see you on April 22nd.
REMEMBER: The deadline for returning registration forms to the League office is April 17th.
ReT:jr
Enclosures
WOODBURN POLICE DEPARTMENT
270 Montgomery Street Woodburn, Oregon 97071 9¢~2-2345
Ken
Chief of Police
DATE:] April 1, 19~1 .
TO~' ,Mayor a. nd C~ty Council
FT~'~ ~/~': MK~hWa~g~n~?i~ ~t~ fAP~ ~ ~trator
RE: 1991 OLCC Compliance Plans
Businesses Affected:
1. Crossroads Deli
2. Home Plate Market
3. Raven Inn
4. Pub 99
5. La Linda's
The above businesses have met with the Police Department and
developed the attached "Compliance Plans". The process included a
proposed "Plan", provided by the Police Department and a meeting
with the business. While meeting with the businesses all points of
the proposed plan were discussed and agreed to through negotiation.
The Council will note that input from the hearings of the cou/%cil,
public, and businesses were used to develop the plans. The Police
Department staff will be meeting with the affected businesses
monthly and providing a complete "Calls for Service" list on a
monthly basis to each of the businesses. I will be providing the
Council with periodic reports and updates.
I have conferred with agents of the Oregon Liquor Commission and
discussed the city's concerns and the need for the "Compliance
Plans". The OLCC has agreed to conduct employee meetings and
training for not only the above businesses, but all businesses
within Woodburn which have Liquor Licenses.
I would request the Council review and approve the attached plans.
KLW/ils
o
CROSSROADS FOOD AND DELI
COHPLIANGE ACTION PLAN
EFFECTIVE HARCH 25 , 1991
gILL SCHEDULE A COHPLIANCE PLAN CLASS FOR ALL EMPLOYEES BY HAY 1, 1991,
AND HOLD SEMI-MONTHLY MEETINGS ~ HY EHPLOYEES TO COVER THE LAIRS,
BUSINESS POLICIES, AND PATRONS INVOLVED IN UNIA~FUL ACTIVITY.
I~ILL KEEP A PATRON DAILY INCIDENT LO~ ON CUSTOMER ACTIVITY. I~ILL LO~ ANY
EXCLUDED CUSTOM~.S, INCLUDING ANY CUSTOI~-RS AP~ESTED FOR CAUSING A
DISTURBANCE, TRESPASSING DRUG ACTIVITY, OR ENTERING THE PREIfISES
INTOXICATED.
EHPLOYEES ~/LL SIGN CITIZEN ARREST FORHS ~ POLICE ~ CALLED BY THE
EMPLOYEES BECAUSE OF UNLAWFUL ACTIVITY BY PATRONS, IF ASKED BY THE POLICE
OFFICER TO DO SO.
CROSSROADS FOOD AND DELI %~/LL INCREASE SECURITY BY REGULAHLY pATROT.?-TNG
ITS PARKING LOT IN ORDER TO ATTEHPT TO PREVENT INDMDUALS, NOT DOING
BUSINESS ~ITH CROSSROAD, FROM LOITERING OR ENGAGING IN UNLAWFUL ACTIVITY
ON C~OSSROAD'S PREHISES. CROSSROADS EMPLOYEES ~ ASK SUCH INDIVIDUALS
TO ?.~-&VE THE PREHISES. IF, AFTER ALIi REASONABLE ATTEHPTS TO REMOVE THE
OFFENDING PERSON FROH THE PP, EHISES HAVE FAILED, CROSSROADS FOOD AND DELI
9'ILL CALL THE ~OODBURN POLICE DEPARTHENT FOR ASSISTANCE.
I~ILL PERMANENTLY EXCLUDE, IF OT~'E-R~ISE PERHITTED BY LA%~, ANY PATRONS
ARRESTED AND CONVICTED OF UNLAgUUL ACTIVITY OCCURRING UPON CROSSROADS'
PREMISES.
9'ILL HOLD MONTHLY HEETINGS F/TH I~OODBURN POLICE DEPARTHENT TO MONITOR
PROGRESS. THE WOODBUP-N POLICE DEPA~THENT ~IILL PROVIDE CROSSROADS ~TH A
LIST OF ALL CALLS FOR SERVICE ON A MONTHLY BASIS AS ~ELL AS ~ITH A
DETERMINATION AS TO I~tETHER TBS CALL I~AS REI~TED TO THE SERVICE OR SA?-F- OF
ALCOHOL.
gILL CV.F~N CROSSROADS' PARKING LOT ON A DAILY BASIS.
%~ILL CONTACT NEIGHBORING BUSINESSES AND RESIDENCES BY MAIL TO IDENTIFY
PROBLEMS SUCH AS VEHICLE TRAFFIC AND OTHER NOISE ISSUES, AND NEGOTIATE
F, EI~DIES TO IDBNTIFIF-D FROBLEHS OCCURRING ON CROSSI~OADS' I'~OPERTY.
9'ILL HEET %~ITH THE I~OODBURN CHIEF OF POLICE ON A QUARTEP~LY BASIS TO
DISCUSS PROBLEHS 0K CONCF/tNS I~EGARDING FI~E~ISES, PATRONS, OR EMPLOYEE
ACTIVITY AND TO FURTHE~ MONITOR COMPLIANCE ACTION PLAN.
10.
CROSSROADS FOOD AND DELI gILL ATTENlWf TO REDUCE THE NUMBER OF TRESPASS
CA?.?R FOR SERVICE. HOg'EVE~, IT IS UNDERSTOOD THAT IF A PATRON REFUSES TO
CEASE HIS OR m~ UNLAWFUL BEHAVIOR AFTER BEING APPROACHED BY CROSSROADS
AND ASKED TO DO SO, CROSSROADS HAY CAUSE THE ~JOODBURN POLICE DEPARTHENT
AND REQUEST ASSISTANCE.
HASSAN HOHAHUD
CROSSROADS FOOD AND DELI
c~
CITY COUNCIL
OLCC
FILE
KEN 9'P. ICHT, CHIEF OF POLICE
~OODBUP, N POLICE DEPARTHENT
PUBB 99
COHPT-TANCE ACTION PLAN
EFFECTIVE HAI~CH 25, 1991 i~
1. WILL SCHEDULE A COIfPLIANCE PLAN CLASS FOR ALL EMPLOYEES BY HAY 1, 1991, AND
HOLD SEHI-MONTHLY HEETINGS ~JITH HY EHPLOYEES TO COVER THE LA~JS, HOUSE
POLICES, AND PATRONS INVOLVED IN DRUG OR OTHER UNLA~IFUL ACTIVITY.
2. 9'ILL POST ~IARNING SIGNS AGAINST DRUG ACTIVITY AND PATRONS LEAVING PREMISES
T~ICE. SIGNS 9'ILL BE POSTED AT pEEHISES ENTRANCES AND IN P, ESTROOHS.
3, ~JILL KEEP A PATRON DAILY INCIDENT LOG ON CUSTOHER ACTIVITY. %~ILL LOG ANY
BAKED CUSTOMERS, ANY CUSTOHERS 9-HO CAUSE A DISTURBANCE, SUSPECTED OF DRUG
ACTIVITY OR ENTER THE PREHISES INTOXICATED.
4. CORPORATE PRINCIPAL KRIEGER ~JILL BE AT THE LICENSE PREMISES FOR A TOTAL OF
60 HOURS 9'EEKLY TO MONITOR EHPLOYEE AND PATRONS.
5. ~JILL PERNANENTLY BAR ANY PATRONS SUSPECTED OF DRUG INVOLVEHENT, CAUSES
FIGHTS, DISTURBANCES AND TRESPASSING PATRONS, INVOLVED IN THE PROMOTION OF
PROSTITUTION OR ENTERING THE PREMISES INTOXICATED.
6. EHPLOYEES %~ILL SI~N CITIZEN ARREST FOKI4S ~LEN POLICE ARE CALLED FOR, FIGHTS,
DISTURBANCES, AND TRESPASSING PATRONS, AND NOTIFY POLICE OF ANY SUSPECTED
DRUG ACTIVITY.
7. EHPLOYEES 9-HO VIOLATE MOUSE POLICIES, O.L.C.C. LA~JS AND ADMINISTRATIVE
RULES, STATE STATUTES, IN THE COURSE OF BUSINESS, 9-ILL BE TERHINATED.
8. WILL HOLD MONTHLY HEETINGS %~ITH THE ~JOODBURN POLICE DEPARTHENT COHNAND STAFF
TO REVIE~J CALLS FOR SERVICE. THE ~JOODBURN POLICE DEPARTHENT %~ILL PROVIDE A
LIST OF CALLS FOR SERVICE TO DATE.
9. WILL OFFER BUFFET FOOD ITEHS, SUCM AS NACHOS, ENCHILADAS, CORNDOGS,
ETC. ON FRIDAY AND SATURDAY TO DISCOURAGE OVER CONSUMPTION OF ALCOHOLIC
BEVERAGE.
10. ~F/LL CHECK RESTROONS ON A REGULAR BASIS TO pREVENT DRUG ACTIVITY AND USE.
11. 9'ILL THOROUGHLY SCREEN ALL NE~J HIRE EMPLOYEES BY CHECKING THEIR BACKGROUND
AS FOLLO~S: CHECK ~IITH PREVIOUS EMPLOYER, CHECK ~ITH ~OODBURN POLICE
DEPARTHENT, AND CHECK ~ITH DEPARTMENT OF MOTOR VEHICLES FOR DRIVING RECORD.
12. PROVIDE SECURITY TO MONITOR ACTIVITY ON SIDEWALKS AND PARKING LOT
SURROUNDING THE BUSINESS TO DISSUADE ILLEGAL ACTIVITY.
13.
TO FURTHER MONITOR COMPLIANCE ACTION PLAN.
~ILL]~EET WITH THE~OODBURR CHIEF OF POLICE ON A QUARTERLY BASIS TO DISCUSS
PROBLElt~ OR CONCERNS REGARDING pP. EHISES, PATRONS OR EMPLOYEE ACTIVITY AND
~N ~P, IGHT, C~EF OF POLICE
WOODBURN POLICE DEPARTMENT
CC:
CITY COUNCIL
OLCC
FILE
10.
11.
1~.
13.
RAVEN INN
GOHPLIANCE ACTION plAN
EFFECTIVE MARCH 25, 1991
WILL SCHEDULE A COMPLIANCE PLAN CLASS FOR .AT.'I'. ~[PLOY~ES BY HAY 1, lggl, AND
HOLD SEMI-MONTHLY ~TINGS ~ITH MY EMPLOYEES TO COVE~ THE lAWS, HOUSE
POLICES, AND PATRONS INVOLVED IN DRUG OR OTHE~ UNIAWFUL ACTIVITY.
POST WARNING SIGNS AGAINST DRUG ACTIVITY AND PATRONS T.F~VING PKEHISES
T~ICE. SIGNS WILL BE POSTED AT PREMISES ENTP, ANCES AND IN RESTROOHS.
WILL COORDINATE LIVE MUSIC WITH THE POLICE DEPARTMENT. WILL HONITOR THE USE
AND VOLUHE OF JUKE BOX.
WILL STOP AT~ INCOMING PATRON PHONE CALLS.
WILL KEEP A PATRON DAILY INCIDENT LO~ ON CUSTOHER ACTIVITY. WILL LOG ANY
BARED CUSTOMEI~S, ANY CUSTOMERS ~HO CAUSE A DISTURBANCE, SUSPECTED OF DRUG
ACTIVITY, OR ENTERS THE PREMISES INTOXICATED.
WILL I~AINTAIN NOILMAL HOURS OF OPERATION AS DESCRIBED BY O.L.C.C. RULES, BUT
WILL DISCONTINUE THE S~T.F. OF ALL ALCOHOLIC BEVERAGES AFTER THE HOU~ OF 2: 00
A.M.
COP~PORATE PRINCIPAL WILTSEYWILL BE AT THE LICENSE PREMISES FOR A TOTALOF
§0 HOIIRS~Y TO HONITOR EHPLOYEEAND PATRONS. DULLING THIS 50
WILTSEYWILL BE AT THE PREHISES A HINIHUHOF S HOURS FRIDAY OR SATURDAY
NIGHT ANDONE~EEKNIGHT BET~U~R 7 P.H. AND 11 P.H. . CORPORATE PRINCIPLE
· 'rLTSEYOR A DESIGNATED RESPONSIBLEPF/~SONWILLBE ON-CALL, AND KESPONDTO
THE TAV~INWITHIN 30 MINUTES WHEN P, EQUESTED BY A TAVEP~ EMPLOYEE OR THE
WOODBUI~N POLICE DEPARTMENT.
WILL PEP, HANENTLY BAR ANY PATRONS SUSPECTED OF DRUG INVOLVEMENT, CAUSES
FIGHTS, DISTURBANCES AND TRESPASSING .PATRONS, INVOLVED IN PROHOTING
PROSTITUTION OR ENTERING THE PREMISES INTOXICATED.
EMPLOYEES~ILLSIGNCITIZENAI~F~ST FORMSWHEN POLICE ARECALLED FOR FIGHTS,
DISTURBANCES, AND TRESPASSING PATRONS, AND NOTIFY POLICE OF ANY SUSPECTED
DRUG ACTIVITY.
EMPLOYEES ~HO VIOlATE HOUSE POLICIES, O.L.C.C. lAWS AND ADMINISTRATIVE
RULES, STATE STATUTES, IN THE COURSE OF BUSINESS, WILL BE TERHINATED.
~ILL HOLD MONTHLY MEETINGS ~ITH WOODBURN POLICE DEPARTMENT COMMAND STAFF TO
P~VIEW CALLS FOR SERVICE. THE POLICE DEPARTMENT WILL PROVIDE A LIST OF
GA!JS TO DATE.
WILL STOP ALL SPECIAL REDUCED PRICE BEER NIGHTS.
WILL OFFER BUFFET FOOD ITEMS, SUCH AS NACHOS, ENCHILADAS,
CORNDOGS, ETC. ON FRIDAYAND SATURDAY TO DISCOUP, AGE OVER CONSUMPTION OF
ALCOHOLIC BEVERAGE.
14. WILL CHECK KESTROOMS ON A REGULAR BASIS TO PREVENT DRUG ACTIVITY AND USE.
15.
~F~LL THOROUGHLY SCREEN AT.~. NE~ H~KE F~PLOYEES BY CHECK~G THEIR BACKGROUND
A~ FOLLOWS: CHEC~ ~ITH PREVIOUS EHPLOYEI~, CHECK ~F~TH ~OODBURN POLICE
DEPARTHENT AND CHECK WITH DEPARTHENT OF HOTOR VEHICLES FOR DI~V~G KECORD.
16. ~fLL HEET IFITH THE I;OODBURN CHIEF OF POLICE ON A QUARTERLY BASIS TO DISCUSS
PROBLENS OR CONCERNS REGARDING PREMISES, PATRONS OR EMPLOYEE ACTIVITY AND
TO FURTHER HONITOR COHPLIANCE ACTION PLAN. /~
TINA ~ILTSEY, pRESIDENT J F4~Nf~, CIF/EF OF POLIC
RAVEN INN, INC. I;OODBURN POLICE DEPARTMENT
CC: CITY COUNCIL
OLCC
FILE
HOHE PLATE HARKET
COHPLIANCE ACTION PLAN
EFFECTIVE HARCH 25, 1991
1. WILL SCHEDULE A COMPLIANCE PLAN GLASS FOR A~.L EHPLOYEES BY HAY 1, 1991,AND
HOLD SEMI-MONTHLY HEETINGS WITH HY EHPLOYEES TO COVER THE LAWS, HOUSE
POLICES, AND PATRONS INVOLVED IN DRUG OR OTHER UNLA~lTUL ACTIVITY.
2. WILL KEEP A PATRON DAILY INCIDENT LOG ON CUSTOHER ACTIVITY. WILL LOG ANY
EXCLUDED CUSTOMERS, ANY CUSTOHERS %~HO CAUSE A DISTURBANCE, SUSPECTED OF DRUG
ACTIVITY OR ENTER THE PREMISES INTOXICATED.
3. WILL PERMANENTLY EXCLUDE ANY PATRONS SUSPECTED OF DRUG INVOLVEMENT, CAUSES
FIGHTS, DISTURBANCES , TRESPASSING PATRONS , PERSONS INVOLVED IN PROHOTING
PROSTITUTION OR ENTERING THE PREMISES INTOXICATED.
4. EMPLOYEES WILL SIGN CITIZEN ARREST FOE/iS ~UAEN POLICE ARE CALLED FOR FIGHTS,
DISTURBANCES, AND TRESPASSING PATRONS, AND NOTIFY POLICE OF ANY SUSPECTED
DRUG ACTIVITY.
5. EMPLOYEES WHO VIOLATE F~/~KET POLICIES, O.L.C.G. LAWS AND ADMINISTRATIVE
RULES, STATE STATUTES, IN THE COURSE OF BUSINESS, ~JILL BE TERMINATED.
6. ~JILL HOLD MONTHLY MEETINGS WITH WOODBURN POLICE DEPARTMENT COHMAND STAFF TO
MONITOR PROGRESS. THE POLICE DEPARTMENT ~'ILL PROVIDE A LIST OF GALLS FOR
SERVICE TO DATE.
7. %V/LL THOROUGHLY SCREEN ALL NEW HIRE EMPLOYEES BY CHECKING THEIR BACKGROUND
AS FOLLOWS: CHECK WITH PREVIOUS EMPLOYER, CHECK %rITH WOODBURN POLICE
DEPARTMENT AND CHECK WITH DEPARTMENT OF MOTOR VEHICLES FOR DRIVING RECORD.
8. PROVIDE FOR CLEANLINESS OF SIDEWALKS AND CURB AREAS OF FIRST AND HAYES
STREETS OUTSIDE BUSINESS. S~EEP SIDEWALKS BY ON A DAILY BASIS OR MORE OFTEN
IF NECESSARY.
9. PAINT OVER OR REMOVE GRAFFITI FROM OUTSIDE WALLS OF BUSINESS WITHIN 5 WORKING
DAYS.MAINTAIN CLEANLINESS INSIDE AND OUTSIDE OF BUSINESS.
10. CONTACT NEIGHBORING BUSINESSES AND ATTEMPT TO IDENTIFY PROBLEMS AND NEGOTIATE
REMEDIES TO IDENTIFIED PROBLEMS. DEVELOP PLAN TO WORK WITH AFFECTED
BUSINESSES.
11. WILL HEET WITH THE WOODBURN CHIEF OF POLICE ON A QUARTERLY BASIS TO DISCUSS
PROBLEMS OR CONCERNS REGARDING PREMISES, PATRONS OR EHPLOYEE ACTIVITY AND TO
FURTHER MONITOR COMPLIANCE ACTION PLAN.
12. DISCOURAGE LOITERING INSIDE OF BUSINESS. POST SIGNS TO REINFORCE
LOITERING POLICY.
IL A
13. MAINTAIN A FLOOD LIGHT OVER SOUTH-REAR DOOR OF~UILDING.
CC: CITY COUNCIL
OLCC
FILE
MEMO
TO:
MAYOR AND CITY COUNCIL
FROM:
MICHAEL QUINN, CiTY ADMINISTRATOR
DATE: April 4, 1991
SUBJECT:
COURT APPLICATION SOFTWARE
The agenda items contained in Council Bill Nos. 1287 and 1288 deal with the computer
software enhancement of our court applications. As you know, we have commenced with
the transfer of our criminal court functions to District Court, but we must maintain our
Municipal Court for civil cases, traffic infractions, and the prior criminal caseload. To
effectively do this with the reduced staff resources projected, we need an efficient court
program. In addition, we are in the process of switching our computer applications from
an antiquated DG system to an IBM network of personal computers as an enhancement
and efficiency measure.
We have evaluated court applications software and are very pleased with the program
developed by the MSI Group from Fort Smith, Arkansas. They have an existing
application in Corvallis and receive high marks for service and maintenance. The
program is very comprehensive, user friendly, and. has nice features, like collection
reminders to improve receipts. The software will cost $10,000 including installation and
training. This compares favorably with the $15,000 originally budgeted for the
development of a court package with EDEN Systems plus the extra cost for training and
incidentals.
The maintenance agreement commences 60 days after installation and is designed for
a monthly basis. Due to the changes and conversion involved in our switchover from the
DG to the network, we believe it advisable to carry the maintenance and receive any
available enhancements during this first year of operations. We will evaluate its
continuance on a monthly basis. We will communicate via modem connection regarding
maintenance concerns. We do not anticipate any problems with MSl Group, Inc. for
these service agreements and have found them to be flexible and cooperative to deal
with.
RECOMMENDATION:
Adoption of both council bills dealing with this court application
software.
COUNCIL BILL NO. 1287
RESOLUTION NO.
A RESOLUTION AUTHORIZING A SOFTWARE UCENSE AGREEMENT WITH MSI,
GROUP, INC.
WHEREAS, the City of Woodbum operates a municipal court and is in need of
an efficient and effective method of handling court cases; and
WHEREAS, the City of Woodburn is involved in the transfer of computer
operations to our personal computer network; and
WHEREAS, City staff have evaluated various program options for court
application software compatible with our computer system; and
WHEREAS, it is in the best interest of the City of Woodbum to enhance our court
application software in order to continue the' provision of such court services; NOW,
THEREFORE,
THE Cl'i'/OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City Administrator is author's, ed to sign and execute the agreement
entitled "MSI Group, Inc. Software License Agreement," a copy of which is attached for
reference.
Approved as ,o Form:''~'~r ~ ~- L//_ ? ~'
City Attorney Date
APPROVED:
Fred W. Kyser, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Deputy Recorder
City of Woodbum, Oregon
Page I -
COUNCIL BILL NO. 1287
RESOLUTION NO.
MSI GROUP, INC
SOFTWARE UCENSE AGREEMENT
1. UCENSE
MSI Group, Inc., hereinafter referred to as MSI, grants the City of Woodbum, Oregon,
hereinafter referred to as CITY, non-transferable, non-exclusive use of MSI's Municipal
Court Information System Software, henceforth "the software," in object form only, subject
to the terms and conditions set forth in this License. If CITY abides by the terms and
conditions set forth heroin, the term of the Ucense shall be continuous. The software is
BACK-UP OR ARCHIVE COPIES OF THE SOFTWARE
Ali MSI software packages are the licensed copyright materials of MSI and shall not be
duplicated, except for backup or archive purposes, used or disclosed in whole or in part
for any purpose other than operation of the computer system of CITY or unless written
approval is obtained from MSI.
MSI certifies that the software provided does not infringe on other patents or rights.
3. DOCUMENTATION OR PRINTED MATERIAL
CITY may not copy, in whole or in part, any MSI program, documentation, or related
materials furnished in printed form. Additional copies may be purchased from MSI if
needed.
e
MODIFICATIONS
CITY may not modify the software except as provided through programs included with
the software, CITY may not make use of a disassembler or other program to attempt to
reconstruct the source code of the software. CITY is responsible for reasonable
protection of the software from theft, unauthorized reproduction, or use contrary to the
License.
Se
UMITED WARRANTY AND LIABILITY
MSI warrants that the tangible physical items of software are free from known defects at
the time of delivery and that MSI has the legal right to sell such software, MSI also
warrants that the software will perform as represented by MSI. The above warranty is in
Page I - Software License Agreement
lieu of any other warranties, either expressed or implied. MSI DISCLAIMS THE IMPUED
WARRANTY OF MERCHANTABIMTY AND ANY IMPEED OR EXPRESSED WARRANTY
AND SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES. Both MSl and CITY agree that software
is not intended as 'CONSUMER GOODS' under state or federal warranty laws. MSI is
not responsible for lost or unrecoverable data files or for any damage caused by
electrical storms, improper electrical wiring, water, misuse, or Acts of God.
MSI assumes that CITY has adequate backup copies of its data files. MSl is not
responsible for lost or unrecoverable data files. MSI recommends that backup media be
replaced by CITY, at a minimum, every 6 months.
MAINTENANCE AND ENHANCEMENT
MSI shall provide software maintenance services at no charge to CITY for 60 days after
installation of the software. Software maintenance services are defined as the services
necessary to keep the software in functional and operating condition. The services
include, but are not limited to, telephone consultations with MSI dudng normal business
hours, the shipping of diskettes and computer materials, where necessary, to MSI via
United Parcel Service or other ovemight carder, and 'on site" visits by MSi if this is
reasonably required. MSI shall respond to cri~s request for service within twenty-four
(24) hours after notirmation by CiTY and shall continue with reasonable diligence until the
service request is resolved.
CITY shall provide a modem and telephone line for MSI to provide software maintenance
services. All toll charges are the responsib~ity of CITY.
MSI shall provide to CITY at no charge any software enhancements and upgrades for
s'~y (60) days after installation of the software. If CITY desires eligibility for upgrades and
enhancements after this 60 day period, CITY may enter into a separate agreement with
MSl and may be charged an annual fee for any and ail enhancements and upgrades.
7. DEFAULT
Either party has the right to terminate this agreement and any license granted on written
notice to the other party if such other party (1) materially fails to perform any of its
obligations under this agreement, which failure has not been corrected within ten (10)
days after receipt of written notice thereof, or (2) takes action to liquidate and dissolve,
becomes insolvent, suffers an appointment of a receiver, assigns ail or part of its assets
for the benefit of its creditors, or is involved in any proceeding (voluntary or involuntary)
under any bankruptcy or solvency laws.
Page 2 - Software License Agreement
On any such termination by MSI, CITY agrees to return immediately to MSI the software
and all related documentation in the possession of CITY and to make no further use of
the software.
Any termination under this section shall not affect either party's ability to pursue any other
remedy existing at law or in equity for such default
8. PAYMENT
For and in consideration of the services to be rendered by MSI, CITY shall pay and .MSI
shall receive, compensation as follows:
A. The total purchase price of $10,000.00 shall be due and payable upon
satisfactory delivery and installation of the software by MSI and upon
completion of two days training.
B. The total purchase pdce Includes the software, installation, and training.
It does not Include paper supplies, pre-printed forms, backup tapes/diskettes,
extra ribbons, or other .consumable supplies.
C. The cost of any program changes required by CITY will be quoted by MSI
and may be accepted or rejected by CITY.
9. GOVERNING LAW
This agreement shall be construed and the legal relation between the parties determined
in accordance with the laws of the State of Oregon.
10. WAIVER
No waiver by either party of any breach of any provision of this agreement shall be
construed as a waiver of any succeeding breach of the same or other provision of this
agreement.
11. ASSIGNMENT
This agreement shall be binding upon and shall inure solely to the benefit of the parties
hereto. Assignment of the agreement shall not occur without prior written consent of the
parties.
Page 3 - Software License Agreement
12.
A'n'ORNEY FEES
Should either party be required to seek the services of an attorney to enforce its rights
under this agreement, the prevailing party in such action shall be entitled to recover
reasonable attorney fees, legal costs, and other collection fees and costs incurred by that
party in connection with the suit.
13. SEVERABiMTY
If any provision or part of this agreement shall be declared illegal, void, or unenforceable,
the remaining provisions shall continue in full force and effect.
14.
ENTIRE AGREEMENT AND ACKNOWLEDGEMENT
The parties acknowledge that this agreement has been read and understood, represents
the entire agreement and understanding of the parties, and supersedes all pdor
agreements, communications, or understandings, whether or oral or wdtten.
15 NONCES
All notices required by or related to this agreement shall be deemed to have been
properly given when dern/ered personally or sent by mail with all postage fully prepaid to
the parties hereto at the respective addresses set forth below, or at such other address
as may be furnished by either party to the other in writing:
MSI:
MSI Group, Inc.
Bryan D. Smith, Vice-President
2120 South Waldron, Suite C-312
Fort Smith, Arkansas 72903
City of Woodbum
Michael I. Quinn, City Administrator
270 Montgomery Street
Woodburn, Oregon 97071
Page 4 - Software License Agreement
Agreement entered into this
FOR MSI:
Signature:
T'~e:
day of
Bryan D. Smith
Vice-President
,1991.
FOR CITY:
Signature:
T~e:
Michael I. Quinn
City Administrator
Page 5 - Software license Agreement
COUNCIL BILL NO. 1288
RESOLUTION NO.
A RESOLUTION AUTHORIZING ASOFTWARE MAINTENANCE AND ENHANCEMENT
AGREEMENT WITH MSI GROUP, INC.
WHEREAS, the City of Woodburn has authorized the software license agreement
with MSI Group, Inc. for the court informatiOn system per Council Bill 1287; and
WHEREAS, the City of Woodburn desires the additional maintenance,
consultation, and enhancement provisions available for an undefined period of time on
a monthly basis at the option of the City, and
WHEREAS, it is in the best interest of the City of Woodburn to ensure the proper
maintenance of this software application; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City Administrator is authorized to sign and execute the agreement
entitled 'MSI Group, Inc. Software Maintenance and Enhancement Agreement,' a copy
of which is attached for reference~ ~ ~/~.. ~.... ~ /
Approved as to Form:
City Attorney Date
APPROVED:
Fred W. Kyser, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
A'I-I'EST: "
Mary Tennant, Deputy Recorder
City of Woodburn, Oregon
Page I -
COUNCIL BILL NO. 1288
RESOLUTION NO
MSI GROUP, INC
SOFTWARE MAINTENANCE AND ENHANCEMENT AGREEMENT
WHEREAS, the City of Woodbum, Oregon, hereinafter referred to as CITY,
and, MSI Group, Inc., hereinafter referred to as MSl have executed a separate agreement
for the non-transferable, non-exclusive use of MSI's Municipal Court Information System
Software, henceforth 'the software," and
WHEREAS, City desires and MSI can provide software maintenance services
and enhancements for the software, NOW, THEREFORE:
1. SCOPE OF SERVICE
MSI shall provide software maintenance services during the period of this agreement.
Software maintenance services are defined as the services necessary to keep the
software in functional and operating condition. The services include, but are not limited
to, telephone consultations with MSI during normal business hours, the shipping of
diskettes and computer materials, where necessary, to MSl via United Parcel Service or
other overnight carrier, and 'on site' visits by MSI if this is reasonably required. MSI shall
respond to CITY'S request for service within twenty-four (24) hours after notification by
CITY and shall continue with reasonable diligence until the service request is resolved.
CITY shall provide a modem and telephone line for MSI to provide software maintenance
services. All toll charges are the responsibility of CITY.
MSI shall also provide to CITY software enhancements and upgrades during the period
of this agreement.
MSl assumes that CiTY has adequate backup copies of its data files. MSI is not
respons~le for lost or unrecoverable data files. MSI recommends that backup media be
replaced by CITY, at a minimum, every 6 months.
2.. EFFECTIVE DATE
This agreement is effecxive on the 61st day after installation of the software.
3. TERM
The'initial term of this agreement shall be from the effective date until December 31, 1991.
Thereafter, the agreement shall be renewed upon an annual basis upon written approval
of both parties.
Page I - Software Maintenance and Enhancement Agreement
4. PAYMENT
Upon commencement of this agreement CITY shall pay MSIa monthly payment in an
amount of one hundred twenty-five dollars ($125.00) payable to MSI, in advance on the
first day of each month.
5. TERMINATION
Either party may terminate this agreement by given written notice to the other party thirty
days prior to the termination date.
6. GOVERNING LAW
This agreement shall be construed and the legal relation between the parties determined
in accordance with the laws of the State of Oregon.
7. WAIVER
No waiver by either party of any breach of any provision of this agreement shall be
constnJed as a waiver of any succeeding breach of the same or other provision of this
agreement.
8. ASSIGNMENT
This agreement shall be binding upon and shall inure solely to the benefit of the parties
hereto. Assignment of the agreement shall not occur without prior written consent of the
parties.
A'I-I'ORNEY FEES
Should either party be required to seek the services of an attorney to enforce its rights
under this agreement, the prevailing party in such action shall be entitled to recover
reasonable attorney fees, legal costs, and other collection fees and costs incurred by that
party in connection with the suit.
10. SEVERABILITY
If any provision or part of this agreement shall be declared illegal, void, or unenforceable,
the remaining provisions shall continue in full force and effect.
Page 2 - Software Maintenance and Enhancement Agreement
7r
COUNCIL BILL NO. 1289
RESOLUTION NO.
A RESOLUTION AUTHORIZING PUBUC PARKING LOT TIME LIMITATIONS IN THE
LOT ADJACENT TO THE U.S. POST OFFICE AND BORDERED BY LINCOLN AND
GRANT STREETS.
WHEREAS, the City of Woodbum has authority to control vehicles and pedestrian
traffic upon public rights-of-way and properties through Ordinance 1527; and
WHEREAS, Section 4(2)(c) of Ordinance 1527 authorizes the City Administrator
to establish, remove, or alter certain traffic control devices in parking areas; and
WHEREAS, the City Council has previously authorized public parking lot
limitations in the interests of public safety and welfare through Resolution 962; NOW,
THEREFORE,
THE crrY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City Administrator is directed to install "No Parking" signs in the
public parking lot bordered by Uncoln and Grant Streets, and adjacent to the U.S. Post
Office property.
Section 2. The "No Parking" time limitation in the designated parking lot shall be
in effect daily from 11:00 p.m. until 7:00 a.m. the following morning.
SECTION 3. The City Administrator is authorized to facilitate the installation of
traffic barriers consisting of posts and chains at the access driveways to the designated
public parking lot.
Approved as to Form:d~- ~- ~ ~ ~'-' ~ /
City Attorney Date
APPROVED:
Fred W. Kyser, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
A'I-rEST:
Mary Tennant, Deputy Recorder
City of Woodburn, Oregon
Page I-
COUNCIL BILL NO. 1287
RESOLUTION NO.
COUNCIL BILL NO. 1290
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR A TRANSIENT OCCUPANCY TAX AND PROVIDING ADMINISTRA-
TIVE PROCEDURES FOR COLLECTING SAID TAX.
WHEREAS, transient accomodations provide for an influx of population
which may have varied and extra needs for municipal services, and
WHEREAS, a tax upon those who generate the demand for extra
services is a common principle within local government and is not uncommon
in its application to transients and tourists; and
WHEREAS, the City has authority as a charter city to impose
said tax absent any statutory restriction; and
WHEREAS, the City Council finds it in the best interest of the
community to tax said transient occupancy; NON, ltlEREFORE, ltlE CITY OF WOOl)BURN ORDAINS. AS FOLLOWS:
Section 1. DEFINITIONS; For purposes of this ordinance, the
following mean:
(1) Accrual Accounting~. A system of accounting in which the
operator enters the rent due from a transient into the record when the
rent is earned, whether or not it is paid.
-(2) Cash Accounting. A system of accounting in which the operator
does not enter the rent due from a transient into the record until the
rent is paid.
(3) Hotel. A structure, any portion of a structure, or any
space that is occupied or intended or designed for transient occupancy
for thirty (30) days or less for dwelling, lodging or sleeping purposes;
and including, but not limited to, any hotel, inn, tourist home or'house,
motel, studio hotel, bachelor hotel, lodging house, public or private dormitory,
fraternity, sorority, rooming house, public or private club, space in a
mobile home or trailer park, space in a recreational vehicle park, or other
similar structure if the occupancy is for less than a 30-day period.
(4) Occupancy. The use or possession or right to the use or
possession of a room or space in a "hotel" for lodging or sleeping purposes.
Page I - COUNCIL BILL NO. 1290
ORDINANCE NO.
(5) Operator. A person who is a proprietor of a hotel in any
capacity. When the operator performs his functions throu9h a managing
agent of a type or character other than an employe, the managing a§ent
shall also be considered an operator and shall have the same duties and
liabilities as his principal. Compliance with the provisions of this ordinance
by either the principal or the managing agent shall be considered compliance
by both.
(6) Person. "Person" means any individual, firm, partnership,
joint venture, association, social club, fraternal organization, fraternity,
sorority, public or private dormitory, joint stock company, corportation,
estate, trust, business trust, receiver, trustee, syndicate, or any other
group or combination acting as a unity.
{7) Rent. The consideration charged (gross rent), whether or
not received by the operator, for the occupancy or space in a "hotel" valued
in money, goods, labor, credits, property or other consideration valued
in money, without any deduction.
(8) Rent Package Plan. The consideration charged for both food
and rent when a single rate is made for the total of both. The amount
applicable to rent for determination of the transient occupancy tax shall
be the same charge made for rent when it is not a part of a package plan.
(9) Tax. The tax payable by the transient or the aggregate
amount of taxes due from an operator during the period for which he is
required to report his collections.
(10) Tax Administrator. The Finance Director or designee.
(11) Transient. An. individual who exercises occupancy for a
period of 30 consecutive calendar days or less, counting portions of calendar
days as full days. The day a transient checks out of the hotel shall not
be included in determining the 30-day period if the transient is not charged
rent for that day by the operator. An individual occupying space in a
hotel shall be transient Until the period of 30 days has expired unless
there is an agreement in writing between the operator and theoccupant
providing for a longer period of occupancy. Said agreement must be initiated
within the first five (5) daysof occupancy. A person who pays for lodging
on a monthly basis-, irrespective of the number of days in such month, shall
not be deemed a transient.
Page 2 - COUNCIL BILL NO. 1290
ORDINANCE NO.
Section 2. IleOSITION OF TAX. For the privilege of occupancy
in a hotel, a transient shall pay a tax in the amount of six'percent {6%)
of the rent charged by the operator. The tax consititues a debt owed by
the transient to the City, and the debt is extinguished only when the tax
is remitted by the operator to the City. The transient shall pay the tax
to the operator of the hotel at the time the rent is paid. The operator
shall enter the tax into the records when rent is collected if the operator
keeps his records on the accrual accounting basis. If rent is paid in
installments, a proportionate share of the tax shall be paid by the transient
to the operator with each installment. If for any reason the tax due is
not paid to the operator of the hotel, the tax administrator may require
that the tax be paid directly to the City. In all cases, the rent paid
or charged for occupancy shall exclude the sale of any goods, services
and commodities other than the furnishing of rooms, accomodations, and
parking space in mobile home parks, trailer parks, or recreation vehicle
parks.
Section 3. RULF$ FOR CO! ! FCTIOll OF TAX BY OPERATOR.
(1) Every operator renting space for lodging or sleeping, the
occupancy of which is not exempted under the terms of this ordinance, shall
collect a tax from the occupant. The tax collected or accrued constitutes
a debt owned by the operator to the City.
(2) In cases of credit or deferred payment of rent, the payment
of tax to the operator may be deferred until the rent *is paid, and the
operator shall not be liable for the tax until credits are paid or deferred
payments are made. Adjustments may be made for uncollectible*accounts.
(3) The tax administrator shall enforce this ordinance and 'may
adopt rules and regulations necessary for enforcement.
{4) For rent collected on portions of a dollar, fractions of
a penny of tax shall not be remitted.
Section 4. OPERATOR'S OUTIES. An operator shall collect
the tax.when the rent is collected from the transient. The amount of. tax
shall be stated separately in the operator's records and on the receipt
given by the operator. An operator shall not advertise that the tax will
not be added 'to the rent, that a portion of it will be assumed or absorbed
Page 3 - COUNCIL BILL NO. 1290
ORDINANCE
by the operator, or that a portion will be refunded, except in the manner
provided by this ordinance. The operator shall pay the tax to this city
as imposed by this ordinance as provided for in Section 8 of this ordinance.
Section 5. EXENPTIONS. The tax shall not be imposed on:
(1) An occupant staying for more than 30 consecutive days.
(2) A person who rents a private home, vacation cabin or similar
facility from an owner who personally rents the facility incidentally to
the owner's personal use.
(3) Any occupant whose rent is paid for a hospital room or a
stay in a medical clinic, convalescent home or home for aged people.
(4} Any occupant whose rent is of a value less than $2.00 per
day.
Section 6. OPERATOR'S REGISTRATION.
(1) An operator of a hotel shall possess a valid business registration
in accordance with the requirements of Ordinance 2055.
{2) Failure to register does not relieve the operator from collecting
the tax imposed by this ordinance, or a person from paying said tax. Section 7. CERTIFICATE OF AUTHORITY.
(1) The tax administrator shall, within 10 days after registration,
issue without charge a certificate of authority to each registrant to collect
the tax from the occupant, together with a duplicate for each additional
place of business of each registrant. Certificates are nonassignable and
nontransferable and shall be surrendered immediately to the tax administrator
on the cessation of business at the !ocation named or on the'sale or transfer
of the business~ Each'certificate and duplicate shall state the place
of. business to which it is applicable and shall be prominently displayed
so as to be seen'by all occupants and persons seeking occupancy.
{2) The certificate shall state: (a) The name of the operator.
{b) The address of the hotel.
(c) The date on which the certificate was issued.
(d) This Transient Occupancy Registration Certificate signifies
that the person named has fulfilled the 'requirements of the Transient Occupancy
Tax Ordinance of the City of Woodburn by registering. With the tax administrator
for the purpose of collecting from transients the occupancy tax imPosed
by the City and remitting the tax to the tax administrator. This certificate
Page 4 - COUNCIL BILL 1291 ORDINANCE NO
does not authorize any person to operate a hotel without strictly complying
with all local applicable laws including but not limited to those requiring
a permit from any board, commission, department or office of the City of
Woodburn. This certificate does not constitute a permit. This certificate
does not authorize any person to conduct any unlawful business or to conduct
any lawful business in an unlawful manner.
Section 8. COLLECTIONS, RETURNS AND PAYIIENTS
(1) -The tax shall be paid by the transient to the operator at
the time that rent is paid. The taxes collected by the operator are due
and payable to the tax administrator on a calendar basis on the 15th day
of the month for the preceding month and are delinquent on the last day
of the month in which they are due.
(2) On or before the 15th day of the month following each month
of collection, a return for the preceding month's tax collections shall
be filed with the tax administrator. The return shall be filed on a form
prescribed by the tax administrator.
(3) Returns shall show the amount of tax collected or otherwise
due for the related period. The tax administrator may require returns
to show the total rentals on which tax was collected or is due, gross receipts
of the operator for the period, an explanation in detail of any discrepancy
between the amounts, and the amounts of rents exempt.
(4) The operator is entitled to withhold ten percent (10.0%)
of the tax due to cover the administrative expense of collecting and remitting.
the tax. This deduction shall be so noted in the appropriate place on
the return form.
(5) The operator shall deliver the return and the *tax due the
City to the tax administrator's office either by personal delivery or by
mail. If the return is by mail, the postmark shall be considered the date-
of deliver~6~or determining delinquencies.
For good cause, the tax administrator may. extend the time
for filing a return or paying the tax for not more than one month, rio
further extensions shall be granted except by the Council. An operator
to whom an extension is granted shall pay interest at the rate of one percent
(1%) per month on the amount of tax due, without proration for a fraction
of a month. If a return is not filed, and the tax and interest due are
Page 5 - COUNCIL BILL NO 1290
ORDINANCE NO.
not paid-by the end of the extension, the interest shall become part of
the tax computation of penalties described in Section 9.
(7) The tax administrator'may require returns and payment of
the amount of taxes for other than monthly periods in individual cases
to ensure payment or to facilitate collection by the City. Section g. DELINQUENCY PENALTIES.
(1) An operator who has not been granted an extension of time
for remittance of tax due and who fails to remit the tax prior to delinquency
shall pay a penalty of ten percent (10%) of the tax due in addition to
the tax.
(2) An operator whohas not been granted an extension of time
for remittance of tax due and who .fails to paya delinquent remittance.
before the expiration of 31 days following the date on which the remittance
became delinquent shall pay a second delinquency penalty of fifteen percent
(15%) of the tax due, the amount of the tax, and the ten percent (10%) penalty
first imposed.
(3) If the tax administrator determines .that nonpayment of a
remittance is due to fraud or intent to evade ~he tax, a penalty of twenty-five
percent (25%)'of the tax shall be added to the penalties stated in subsections
(1) and (2)..
(4) In addition to the penalties imposed by this section, an
operator who fails to remit the required tax shall pay interest at the
rate of one percent (1.0%) per month, without proration for portions of
a month, on the tax due, exclusive of penalties, from the date on which
the tax first became delinquent until paid.
(5) Each penalty imposed and the interest accrued under provisions
of this section shall be merged with'.and become part of the tax required
to be paid.
(6) An operator who Ca(lsto rem(t the tax within the required
time may petition the tax administrator for waiver and refund of the penalty
or a portion of it. The tax administrator may, if good cause is Shown,
direct a refund of the penalty or a portion of it. Section 10. DEFICIENCY DETERMINATIONS.
(1) In making a determination that the returns are incorrect,
the tax administrator may determine the amount required to be paid on the
Page 6 - COUNCIL BILL NO. 1290
ORDINANCE NO.
basis of the facts contained in the return or on the basis of any other
information.
(2) Deficiency determination may be made on the amount due for
one or more than one period. The determined amount shall be.payable immediately
on service of notice, after which the determined amount is delinquent. Penalties
on deficiencies shall be applied as provided in Section 9.
(3) In making a determination, the tax administrator may offset
overpayments *that have been made against a deficiency for a subsequent
period or against penalties and interest on the deficiency. The interest
on the deificiency shall be computed as provided in Section 9.
Section 11. REOEMPTION PETITION. A determination becomes payable
immediately on receipt of notice and becomes final within 10 days after
the tax administrator has given notice. However, the operator may petition
for redemption and refund by filing a petition before the determination
becomes final.
Section 12: FRAUO; REFUSAL TO COLLECT; EVASION.
(1) If an operator fails or refuses to collect the tax, make
the report, or remit the tax, or makes a fraudulent return or otherwise
willfully attempts to evade the tax payment, the' tax administrator shall
obtain facts and information on which to base an estimate of the tax due.
After determining the tax due and the'interest and penalties, the tax administrator
shall give notice of the total amount due.
(2) Determination and notice shall be made and mailed within
three years after discovery of fraud, intent to evade, failure or refusal
to collect the taxes, or failure to file a return. The determination becomes
payable immediatley on receipt of notice and becomes final 10 days after
the tax administrator has given notice.
(3) The operator may petition for redemption and refund if the
petition is filed before the determination becomes final.
Section 13. #OT]~CE OF DETERMINATION.
(1) The tax administrator shall give the operator a written
notice of the determinatio'n. If nottce is mailed it Shall be addressed
to the operator at the address that appears on the records of the tax admin-
istrator, and service is complete when the notice is deposited in the post
of fi ce.
Page 7 - COUNCIL BILL NO. 1290 ORDINANCE NO.
(2) Except in the case of fraud or intent to evade the tax,
a deficiency determination shall be made and notice mailed within three
years after the last day of the month following the close of the monthly
period for which the determination has been made or within three years
after the return is filed, whichever is later.
Section 14. Operator Belay. If the tax administrator believes
that collection of the tax will be jeopardized by delay, or if a determination
will be jeopardized by delay, the tax administrator shall determine the
tax to be collected and note facts concerning the delay on the determination.
The determined amount is payable immediately after service of notice. After
payment has been made, the operator may petition for redemption and refund
of the determination if the petition is filed within 10 days from the date
of service of notice by the tax administrator.
Section 15. Redetermination.
(1) An operator against whom a determination is made under Section
10, or a person directly interested, may petition for a redetermination,
redemption and refund within the time required in Section 14. If a petition.
for redetermination and refund is not filed within the time required, the
determination is final on expiration of the allowable time.
(2) If a petition for redetermination and refund is filed within
the allowable period, the tax administrator shall reconsider the determination
and, if the operator requested a hearing in the petition, .shall grant the.
hearing and give the operator 10 days notice of the time and place of the
hearing. The tax administrator may continue the hearing if necessary.
(3) The tax adminisi~'rator may change the amount of the determination
as a result of the hearing. If an increase is determined, the increase
is payable immediately after the hearing.
(4) The decision of the tax administrator on a petition for
redetermination becomes final 10 days after service of notice on the petit.loner
unless appeal of the decision is filed with the City Council within 10
days after notice is served.
(5) A petition for redetermination or an appeal is not effective
unless the operator has' complied with the payment provisions.
Page 8 - COUNCIL BILL NO. 1290
ORDINANCE NO.
Section 16. SECURITY FOR COLLECTION OF TAX.
(1) The tax administrator may require an operator to deposit
security in the form of cash, bond or other security. The amount of security
shall be fixed by the tax administrator, but shall not be greater than
twice the operator's estimated average monthly liability for the period
for which the operator files, returns or $5,000, whichever amount is less.
The amount of the security may be. increased or decreased by the tax administrator,
subject to the limitations of this subsection.
(2) Within three years after any amount of the tax becomes due
and payable or within three years after any determination becomes final,
the tax administrator may bring an action in the courts of this state,
or any other state, or of the United States, in the name of the city to
collect the amount delinquent, together with penalties and interest. Section 17. LIENS.
(1) The tax, interest, penalty, and filing fees paid to the
tax administrator and any advertising costs incurred when the tax becomes
delinquent shall be a lien from the date of its recording with the County
Clerk of Marion County, Oregon until the tax is paid, The lien shall be
superior to all subsequently recorded liens on all tangible personal property
in the operator's hotel. The lien may be foreclosed and the necessary
property may beI ~o~d
tO discharge the lien.
(2) Notice of the lien shall be issued by the tax administrator.
when the operator has defaulted in payment of the tax, interest and penalty.
A copy of the notice shall be sent by certified mail to the operator.
(3) Personal property subject to the lien may be sold at public.
auction after 10 days notice in a newspaper of general circulation in the
city.
(4) A lien for the tax, interest and penalty shall be released
by the tax administrator when the full amount has been paid to the City.
The operator or person making the payment shall receive a receipt stating
that the full amount of the tax, interest and penalty has been paid, that
the lien is released and that the record of the lien is satisfied.
Section 18. REFUNDS BY CITY TO OPERATOR. When the tax, penalty
or interest has been paid more than once or has been erroneously or illegally
collected or received by the tax administrator, it may be refunded if a
Page 9 - COUNCIL BILL NO. 1290
ORDINANCE NO.
written verified claim stating the specific reason for the claim is filed
within three years from the date of payment. The claim shall be submitted
on forms provided by tha tax administrator. If the claim is approved,
the excess amount may be refunded to the operator or it may be credited
to an amount payable by the operator and any balance refunded·
Section lg. REFUNI)S BY CITY TO TRANSIENl. If the tax has been
collected by the operator and deposited with the .tax administrator and
it is later determined that the tax was erroneously or illegally collected
or received-, by the tax administrator, it may be refunded to the transient
if a written verified claim stating the specific reason for the claim is
filed with the tax' administrator within three years from the date of payment.
Section 20. RECORDS REI~UIRED FRON OPERATORS. Every operator
shall keep guest records, accounting books, and records of room rentals
for a period of three years and six months.
Section 21. EXAMINATION OF RECORDS. During normal business
hours and after notifying the operator, the tax administrator may'examine
books, papers, and accounting records related to room rentals to verify
the accuracy of a return or, if no return is made to determine the amount
to be paid. To assistin this process, the tax administrator may request
certified copies of the annual income tax return covering the hotel operator.
Section 22. CONFIDENTIALITY. The tax administrator or a person
having an administrative or clerical duty under the provisions of this
ordinance shall not make known, in any manner the business affairs, operations,
or information obtained .by an investigation of records and equipment of
a person required to file a return or pay a transient occupancy tax or
a person visited or examined in the discharge of official duty; or the
amount or source of income, profits, losses or expenditures contained in
a statement or application; or permit a statement or application, or a
copy of either, or a book containing an abstract or particulars to be seen
or examined by any person. However, nothing in this section shall be construed
to prevent:
{1) Disclosure to 'or examination of records and equipment by
a city official, employe or agent for collecting taxes for the purpose
of administering or enforcing the provisions or collecting the taxes imposed
by this ordinance.
Page 10 - COUNCIL BILL NO. 1290
ORDINANCE NO.
(2) Disclosure, .after filing a written request, to the taxpayer,
receivers, trustees, executors, administrators, assignees, and guarantors,
if directly interested, of information concerning tax paid,' unpaid tax,
amount of tax required to be collected, or interest and penalties. However,
the City Attorney shall approve each disclosure, and the tax administrator
may refuse to make a disclosure referred to in this subsection when, in
the tax administrator's opinion, the public interest would suffer.
(3) Disclosure of names and-addresses of persons making returns.
(4) Disclosure of general statistics regarding taxes collected
or business done in the City.
Section 23. DISPOSITION OF TAX FUNDS. All revenue received
from the transient occupancy tax shall be accounted for by a special line
item account commonly referred to as "Hotel Tax", and distributed in the
following manner:
(1). General Fund shall receive ninety percent (90.0%) of said
tax receipts for support of general municipal services and promOtion of
the City.
(2) General Fund shall receive an additional ten percent (10.0%)
of said tax receipts for support of tourist information and special promotion
of the community. An annual amOunt not exceeding four thousand dollars
($4,000.00) shall be transferred to the Woodburn Chamber of Commerce, or
other bona fide organization providing said services on behalf of the City,
on a quarterly basis.
SectiOn 24. APPEALS TO COUNCIL. A person aggrieved by a decision
of the tax administrator may.appeal to the City Council by filing a notice
of appeal with the tax administrator within ten days of notice of the decision.
The tax administrator shall transmit the notice, together with the'file
of the appealed matter, to the Council. The Council shall fix a time and
place for hearing the appeal and shall give the appellant not less than
ten days written notice of the time and place of hearing.
Section 25. SEYERABILITY. The provisions of this ordinance
are severable. If a portion of this ordinance is for any reason held by
a court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remaining portions of this ordinance.
Page 11 - COUNCIL BILL NO. 1290
ORDINANCE NO.
Section 26. VIOLATIONS.
{1) It is unlawful for anYoperator or other person so required
to fail or refuse to register as required herein, Or to furnish any return
required to be made, or to fail to pay the tax collected, or fail or refuse
to furnish a supplemental return or other data required by the tax administrator,
or to render a false or fraudulent return. No person required to make,
render, sign, or verify any report shall make any false or fraudulent report,
with intent to defeat or evade the determination of any amount due required
by this ordinance.
(2) Notwithstanding paragraph {1) of this section, the'City
Attorney, in addition to other remedies permitted by law, may commence
and prosecute to final determination in any court of competent jurisdiction
an action at law to collect the tax imposed.
Section 27. CIVIL INFRACTION. A violation of any provision
of this ordinance shall constitute a Class 2 civil infraction and shall
be dealt with according to the procedures established by Ordinance NO.
1998. Each day of non-compliance with this ordinance shall constitute
a separate violation.
Section ZS. EFFECIIVE BALE. This ordinance shall be in full
force and effect effective June 1, 1991.
Approved as to form:
City Attorney Date
APPROVED:
FRED W. KYSER, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Deputy Recorder
City of Woodburn, Oregon
Page 12 - COUNCIL BILL NO. 1290
ORDINANCE NO.
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through the Cit~ Adm__j.inistrator
Public Works Director~ ~
Capacity Fee Payment Plan
March 19, 1991
Recommendation: Approve attached ordinance that allows a four-year payment plan for
properties which utilize sub-surface disposal of sewage.
Background: A four-year payment plan, with interest, allows City to collect the fees without any
loss. In addition, this payment plan is limited to the properties having 20 units or more utilizing
a sub-surface sewage disposal method. Obviously, very few properties are likely to qualify for
this program, but the community as a whole benefits from the program because of its
environmental effect. Therefore, approval of the ordinance has been recommended.
GST:Ig
subsu~f, mern
COUNCIL BILL NO. 1291
ORDINANCE NO.
AN ORDINANCE ALLOWING A SEWER CAPACITY FEE PAYMENT PLAN FOR
CERTAIN PROPERTIES UTIEZlNG SUBSURFACE SEWAGE DISPOSAL SYSTEMS
AND DECLARING AN EMERGENCY.
WHEREAS, the city discourages subsurface sewage disposal systems by not
allowing new developments to use such systems; and
WHEREAS, a failure of such system could create a health hazard; and
WHEREAS, the problem becomes more acute when the contamination is from a
concentrated source, such as a mobile home park; and
WHEREAS, the city values natural resources and wants to help protect all
underground water sources; and
WHEREAS, the city has substantial investment in its sewage treatment facility and
removes contaminants from the city's wastewater; and
WHEREAS, the wastewater facility capability should be made available to those
properties utilizing subsurface sewage disposal systems; and
WHEREAS, the properties allowed to benefit from the treatment facility must pay
for the normal capacity fees; and
WHEREAS, a payment plan to the normal capacity fee will encourage the
property owners to take corrective action without wanting to postpone it due to a
prohibitive front end cost when a large number of units are concerned; and
WHEREAS, the City does not lose resources by allowing a payment plan which
accrues interest to certain properties, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definitions. The following definitions apply:
(A) "City Engineer'' shall mean the City Engineer of the City of Woodburn.
(B) "Finance Director'' shall mean the Finance Director of the City of Woodburn.
Page I -
COUNCIL BILL NO. 1291
ORDINANCE NO.
(C) "Local Government Investment Pool" shall have the meaning given that term
in ORS 294.805 to 294.895.
(D) "Owner" shall mean any person, firm, corporation, or other entity having legal
title to real property subject to the applicable sewer capacity fee and possessing legal
authority to authorize the docketing of a lien against said property.
(E) "Sewer Capacity Fee" shall mean a non-refundable fee charged by the city
to allow an owner to use a portion of the city's sewerage capacity, also known as a
sanitary sewer connection fee or systems development charge.
(F) "Subsurface Sewage Disposal System" shall have the meaning given that term
in ORS 454.605.
Section 2. General Provisions
(A) The owner of real property utilizing a subsurface sewage disposal system
incorporating twenty (20) or more dwelling units has the option of paying sewer capacity
fees utilizing a four-year payment plan.
(B) The first installment of said fees described above is due and payable at the
time of connection, with the remaining installments payable on the basis determined by
the City according to the payment plan.
(C) This installment payment plan of sewer capac'~y fees is exercised at the option
of the owner. Written application for such option must be filed by the owner, and
approved by the city prior to connection.
(D) The owner is responsible to insure that all scheduled payments are made
when due. The owner is not relieved of this obligation even though the city may allow the
due date to pass without receMng payment. The city may declare the remaining balance
due and payable in full when the owner fails to make scheduled payments on time. At
the city's option, failure to make scheduled payments may result in disconnection.
(E) If the installment payment option is utilized, the balance owed to the city,
including interest thereon, may be paid in advance by the owner at any time without
penalty.
Section 3. Administration. The City Engineer shall be responsible for
implementation of this ordinance by allowing the connections to the city sewerage system
and by making other technical and payment plan decisions. The Finance Director shall
be responsible to program the servicing plan so that bills are sent to owners. The City
Page 2-
COUNCIL BILL NO. 1291
ORDINANCE NO.
Engineer shall provide documents needed by the Finance Director for serving of the
payment plan.
Section 4. Interest Rate. Interest shall be fixed at the date of inception of the
plan at the rate quoted by the local government investment pool (per annum) plus 11/2%
rounded to the nearest one-tenth of one percent.
Section 5. Severability. If any section, clause, or phrase of this ordinance is
determined by any court of competent jurisdiction to be invalid or unenforceable for any
reason, such determination shall not affect the validity of the remainder of this ordinance
which shall continue to be in full force and effect.
Section 6. Emerc~ency Clause. This ordinance being necessary for the
immediate preservation of the public peace, health, and safety, an emergency is declared
to exist and this ordinance shall take effect immediately upon passage by the Council and
approval by the Mayor.
Approved as to Form:
City Attorney
Date
APPROVED:
Fred W. Kyser, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Deputy Recorder
City of Woodburn, Oregon
Page 3 -
COUNCIL BILL NO. 1291
ORDINANCE NO.
MEMO
TO:
FROM:
SUBJECT:
DATE:
The City Council through City Administrator n ..----~
Public Works Director ~ ' _
Sewer Surcharge Ordinance #1932 modification to add cost recovery method
April 5, 1991
RECOMMENDATION: Approve the attached ordinance that allows the city to recover costs
associated with summer high strength load processing and the capital cost associated with plant
modification due to industrial loadings.
BACKGROUND: The proposed ordinance does not change existing sewer rates but it does
increase a certain amount of cost to those customers who discharge high strength waste to the
city system. The major changes are outlined below:
Treatment Capability and Acceptance of Sewage (Section 3):
This section authorizes staff not to accept industrial/commercial or septage sewage if this
sewage is likely to cause violation of city's permit.
2. Industrial User Billing (Section 4):
Modified to correspond more with EPA and DEQ regulations.
Operational Cost Recovery Super Surcharge for High Strength Loadings (Section 6):
During summer months, the treatment plant operated by the city has to start additional units
(aeration cell and lagoon) to process the high strength waste that is discharged by food
processors. Obviously, there is added cost involved in operating the additional units. The
cost associated with this operation is estimated to be $20,000 (i.e. $14,000 for electrical and
$6,000 maintenance). The aeration cell and lagoon system, once started, continue to work
for the entire summer season. Therefore, the cost is based for the entire season. The 20%
super surcharge proposed in the ordinance will produce approximately $20,000 to cover the
additional cost of summer operation related to the high strength waste.
Capital Cost Recovery Agreements (Section 7):
This section allows the city to enter into an agreement with the industrial dischargers in
regard to the city's capital cost recovery from the benefitted industries. Obviously, the
agreement cannot be reached unless it is mutually beneficial to the city and to the industry.
o
Large Load Charge (Section 8):
The reliability of the treatment process decreases as the high strength load increases during
the summer months. Therefore, it is important to keep the loadings to a level that will not
place the city treatment process at dsk.
a) Industrial loading
The penalty is intended to encourage high strength waste producers to keep the
permitted loading to 90 percent of allowed load. At 90 percent the penalty is 10%; at
95% the penalty is 150%. The notice of violation, covered in another ordinance, will be
issued when the loading exceeds the permitted loading.
b)
Septage loading
High strength septage loading charges in summer months will be 200% of the regular
winter charges. This is also to discourage septage loading, along with food processors'
loadings, which makes the treatment system less reliable during the summer months.
I hope the above description provides the general intent of the modification. I will be available
to answer any questions during the council meeting.
ORD1932.CCM
COUNCIL BILL NO. /
ORDINANCE NO.
AN ORDINANCE RELATING TO SURCHARGES ON WATER FOR THE OPERATION AND
MAINTENANCE OF MUNICIPAL SEWERAGE SYSTEMS, PROVIDING FOR SUCH
SURCHARGES AND THE COLLECTION THEREOF, AND REPEALING ORDINANCE NO.
1932
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. General Provisions: That a surcharge, as provided in this ordinance,
shall be added to each municipal water bill or statement issued by the City of Woodbum.
Such surcharge shall apply to all monthly periods of water use and service received from the
City, and such surcharge shall be collected from water users in the same manner and under
the same provisions of law as other charges for water use and service. Such surcharge shall
be levied against each water account, excepting those accounts providing only fire or
irrigation service, whether or not the premises within the city limits are actually connected to
the sanitary sewerage system, if the property has been located within 100 feet from an
adequate sewer line for a period of one year.
A like surcharge may be made to all premises within the city limits which are supplied w'~
water from sources other than the city water system. A separate charge shall be collected
from all premises outside the City which discharge to the city sewerage system. The
premises connected to a water system other than the City may be required to provide
metering devices for the waste discharge calculations. An additional charge shall be collected
for 'bailer-dump" locations. All rates and charges established herein are tabulated in Section
5 hereunder. Charges for premises outside the city limits shall be one-and-one haft (1-1/2)
times the rates shown in Section 5, Interpretation and administration of this ordinance and its
provisions shall be the responsibility of the City Engineer.
This ordinance also deals with permitted industrial/commercial loading related service
charges. However, the city-issued waste discharge permits that reflect EPA and DEQ
requirements and other capacity/connection fee requirements related to loadings are not
covered by this ordinance.
Se(~tion 2. Abbreviations:
BOD
SBOD
gal
lbs
SS
POTW
-- Bio-chemical oxygen demand
= Soluble BOD
= cubic feet
-- gallon(s)
- pounds
= Suspended solids
- Public Owned Treatment Works
Page 1-
COUNCIL BILL NO.
ORDINANCE NO.
log
Section 3. Treatment Capabili~ and Acceptance of Sewage: The city, at
its discretion, may refuse to accept sewage loadings from industrial/commercial or
septage haulers, if such loading is beyond permitted loading or if such loading, in
the opinion of the city, places the treatment process at risk or may cause violation
of the city's permit.
Section 4. Industrial User Billincr Industrial users may be required to install
metering and sampling devices to monitor flow, BOD0 suspended solids and any other
necessary constituents. The industry may be required to combine all effluent lines to a single
point for such metering/sampling and to monitor their effluent discharge. The City may bill on
an estimated basis if the user fails to perform the required monitoring and sampling..-au3y
or all of the following criteria may be used to determine if an industry is to be
billed as an industrial user.
Be
Ce
D. The user comes under the national categorical pretreatment
promulgated by the EPA.
E. The City has issued the user an industrial discharge permit.
The user is permitted to discharge more than .8 percent of the designed
average dry weather hydraulic, organic or solid handling load to the City's
?OTWo
The user has a non-domestic flow of 25,000 gallons or more per average
work day.
The user is determined by the POTW Superintendent to have a sigoifieant
impact upon POTW operations.
standards
Section 5. Monthly Surcharae: That the monthly surcharges required by
Section 1 of this ordinance shall be according to the following schedule:
CUSTOMER CLASS
/~ Residential
B. Apartments & Condos. per unit
C. Commercial
SURCHARGE
$13.50
$13.50
$ 2.10
above minimum
MIN./MO.
(Flat Rate)
(Flat Rate)
$14.1 O/unit for first
600 cf; $2.10/100 cf
thereafter
D. Industrial - the sum of:
Flow (per million gal.)
BOD (per thousand lbs.)
SS (per thousand lbs.)
$689.25*
$264.95*
$307.25*
$349.50
Page 2 -
COUNCIL BILL NO. / o~ c/~z_
ORDINANCE NO.
E. Trailer-dump station
(per month in addition
to standard surcharge)
F. Septage per truck load
(based on truck capacity)
First 5O0 gsd.
Each additional 500 gal.
$15.00 minimum
28.00*
21.00' $2.8.00
G. IndMdual Recreational Vehicles No charge
*Also see Secdons 6, 7, & 8 for cost recovery, high strength incentive multiplier
as a charge to customer.
H. Mixed Residential/Commercial: This category uses the residential and or commercial
rates outlined under subsections 'A' to 'C' above. The criteria of using a mixed
residential/commercial method is outlined below:
1) If no monitoring device is available, then the City may reasonably estimate charges
based on the available facts such as number of employees, product, or other
criter'~.
2) If one C~ monitoring device serves for more than one category of user, then the
charges shall be as follows:
a) If separation of service is not practical, (determined by City Engineer) The service
charge shall be residential fiat rate for the first 1000 oft of water for each
residential unit and then the remaining is to be at commercial rate.
b) If service monitoring separation is practical, the charge for entire service shall be
at commercial rate. The customer may request the City for a separate
monitoring device for each category of service by paying meter installation fee.
Section 6. Operation Cost Recovery, Super Surcha~e for High Stren~h
Loadings: To recover the additional treatment costs during certain times of the
year the city shah initiate a super surcharge schedule for industrial/commercial high
strength dischargers permitted by the City. The high strength dischargers shall be
those industrial users discharging average BOD loading that exceeds 220 mg/L or
1,000 lbs. for the month. This charge will retie, et the additional POTW costs to
treat industrial/commercial wastes during the months of June, July, August,
September and October. With this surcharge the city shall be compensated for the
additional cost of operation and maintenance for using additional treatment units
when treating permitted wastes during the dry season. This shah be accomplished
at the option of the city, by utilizing alternative A1 or A2 outlined below:
Al. Proportional ratio of the load (lbs./day) being discharged by the industrial
user, OR
Page 3 -
COUNCIL BILL NO. /o~ q 2_
ORDINANCE NO.
Increase the high strength sewage billing rate of permitted loading
parameters (BOD, SBOD, SS, ete) by 20 percent during the months of
June, July, August, September and October.
Section 7. Capital Cost Recovery_ Agreements: The City, at its discretion,
may enter into agreements with industrial dischargers for the purpose of recovering
City incurred or anticipated costs used to modify POTW that benefit the industry.
This cost may be divided into a number of payments, and added to the monthly
invoice, rather than one lump sum payment. The cost recovery agreements may
reflect the construction costs, interest, engineering and administration costs for
POTW modifications needed to accommodate industrial growth.
Section 8. Large Load Charge: The intent of this charge is to discourage
users from discharging large permitted loads (lbs./day) of waste to the city system
during the dry weather season (June, July, August, September and October) that
could reduce reliability of the city sewerage system. The City, at its discretion, may
initiate the charge outlined below:
Industrial Loading- For large permitted industrial/commercial loads, the
City may use a multiplier and increase the entire monthly bill related to the
permitted parameters when these parameters have reached or exceeded 90
percent of permitted loadings (either maximum or average). The load
reduction charge will apply only to those permitted parameters where actual
loads reach or exceexl 90 percent of the industry's permit limits. This load
reduction incentive multiplier shall be 1.10 at 90 percent of permitted loading
and 2.5 at 95 percent of permitted loading, and it shall apply to entire final
charge for the parameter and not only to the portion above 90 percent.
B. Septage Loadings - If the city accepts waste during the dry weather season
the septage hauler rate may be multiplied by a factor of two.
Section 9. Unauthorized Connection and Service:
Ao
Unauthorized Connection: A 25 percent administrative charge may be added to the
service connection or capacity fee if a property is connected to the system without
obtaining proper permit and paying the required fees, This 25 percent may be added
to the regular fee in effect at the time unauthorized connection is discovered by the
City. The added surcharge may be excused if the property owner volunteers the
information and comes forward to pay the required connection fee.
Bo
Unauthorized Service: An administrative charge of 25 percent may be added to the
City utility service charge if a property receives City service and the customer does not
inform the City to start the billing. The charge calculated shall be limited to a twelve-
month period. The City may make a reasonable estimate of the amount due.
Page 4 -
COUNCIL BILL NO. /O. ? ~
ORDINANCE NO.
C. This section shall not be construed to limit the City's right to pursue any and all
available legal remedies in regard to unauthorized connections or service.
Section 10. Customer Billinq Adiustments: If the City, in the last twelve months has
overcharged a customer for the sewer service, and it is brought to the attention of the City
Engineer then he shall make an adjustment using available records of the past year.
Adjustment will be limited to a period of four months within the past year duration. A similar
adjustment for undercharge may be made but it shall be limited to a period of two months.
Section 11. Installation of Monitorinq Clean Out..: If City wants to install a clean out
on the service line near the house for infiltration monitoring and reduction, it may do so if
ten-day notice pdor to construction activity has been provided to the property owner. City
may not charge for the installation of clean out for monitoring and infiltration reduction
although it may be located on the private property.
Section 12. Increase in Rates and Charges: Future rate adjustments will be
established by Council action at a frequency and amount determined to be fiscally
responsible to support service obligations, ensure POTW compliance with EPA/DEQ
regulations, and to protect the environment and public health.
Section 13. serViCe Aqreements,: All prior Council approved service agreements
between the City and a customer will remain in force for the term of the agreement. However,
the requirements of this ordinance and other applicable ordinances, including the rate
increase provisions, must be met.
Section 14. Use of Monies Collected: That the monies collected pursuant the
provisions of this ordinance shall be used to pay the costs of construction, operation,
maintenance and expansion of sanitary and storm sewers, sewage treatment plants, pumping
stations, and related facilities and services, including administrative and engineering costs.
Section 15. Administration: Interpretation and administration of this ordinance and
its provisions shall be the responsibility of the City Engineer.
Section 16. Severability Clause: If any clause, sentence, paragraph, section or
portion of this ordinance for any reason shall be adjudged invalid by a court of competent
judsdicti0n, such judgment shall not affect, impair, or invalidate any of the remainder of this
ordinance.
Section 17. Repeal: That Ordinance No. 1932 is hereby repealed.
Approved as to form:
city Attomey
APPROVED:
Fred W. Kyser, Mayor
Date
Page 5 -
COUNCIL BILL NO. / ~ ~ ~
ORDINANCE NO.
STAFF REPORT
VARIANCE #91-01
SITE PLAN REVIEW #91-03
1)
2)
3)
4)
Applicant: Dennis Peterson
Location: 151 Front Street
Zone: DHD (Downtown Historic District)
Applicant's Request:
'Dennis Peterson Equipment Co. is a commercial laundry and drycleaning equipment
distributor. We intend to construct a two-story building at 151 Front Street, between
our existing laundromat and warehouse for the purpose of:
1) Office space, 2) warehousing and work space for equipment and parts, and 3)
a display area for new equipment."
(EAST ELE~/ATIOIq
Paint the building
Store all materials inside the building
Outside lighting
Awnings above the windows and doors
Wood trim around windows and doom
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Administrator
Bob Arzoian, Building Inspector
Building Activity for MARCH, 1991
April 2, 1991
New Residence Value
Mu]ti Family
Residential Adds &/fits
Industrial
Commercial Value
Commercial Adds.& Ails.
Signs, Fences, Driveways
Accessory Structures
Mobile Homes
TOTAL:
MAR 1989
No. .Dollar Amt
! $ 6o,ooo
0 0
4 39,700
0 0
I 13,500
5 5,500
5 5O
0 0
3 42,000
No.
2
16
32
MAR 1990
Dollar Amt
$152,ooo
465,000
8,800
0 0
I 105,000
I 8,0OO
6 43,000
0 0
5 177,000
MAR 1991
No. Dollar Amt
i $ 6o, ooo
0 0
11 32,500
1 35,000
2 480,000
1 30,000
3 1,500
0 0
4 140,000
19 $ 160,750 29 $ 958,800 23 $ T/9,000
July 1-June 30 Fiscal
Year-to-Date
~5~349.257
~;13.106.500
Robert Arzoian
Building Official
RS:lg
BLDACT03.91
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0 CEN%d%
11.
LA LINDA' S
CON~LIANCK ACTION
EFFECTIVE NARCH 25, 1991
WILL SCHEDULE A COMPLIANCE PLAN CLASS FOR ALL EMPLOYEES BY MAY 1, 1991, AND
HOLD SEMI-MONTHLY MEETINCS WITH MY EMPLOYEES TO COVER THE LAWS, HOUSE
POLICES, AND PATRONS INVOLVED IN DRUC OR OTHER UNLAWFUL ACTIVITY.
WILL POST WARNING SIGNS AGAINST DRUG AGTIVITY AND PATRONS ~.R%VING PREMISES
TWICE. SIGNS WILL BE POSTED AT PREMISES ENTRANCES AND IN RESTROOMS.
WILL KEEP A PATRON DAILY INCIDENT LOC ON CUSTOMER ACTIVITY. WILL LOG ANY
BARED CUSTOMERS, ANY CUSTOMERS WHO CAUSE A DISTURBANCE, SUSPECTED OF DRUG
ACTIVITY OR ENTER THE PREMISES INTOXICATED.
WILL PERMANENTLY BAR ANY PATRONS, SUSPECTED OF DRUG INVOLVEMENT, CAUSES
FIGHTS, DISTURBANCES, TRESPASSING PATRONS, INVOLVED IN THE PROMOTION OF
PROSTITUTION, OR ENTERING THE PREMISES INTOXICATED.
EMPLOYEES WILL SIGN CITIZEN ARREST FORHSWHEN POLICE ARE CALLED FOR FIGHTS,
DISTURBANCES, AND TRESPASSING PATRONS, AND NOTIFY POLICE OF ANY SUSPECTED
DRUG ACTIVITY.
EMPLOYEES WHO VIOLATE HOUSE POLICIES, O.L.C.C. LAWS AND ADMINISTRATIVE
RULES, STATE STATUTES, IN THE COURSE OF BUSINESS, WILL BE TERMINATED.
WILL HOLD MONTHLYMEETINGS WITH WOODBURNPOLIGE DEPARTMENT GOHMAND STAFF TO
MONITOR PROGRESS. THE POLICE DEPARTMENT WILL PROVIDE GALLS FOR SERVICE TO
DATE.
WILL OFFER BUFFET FOOD ITEMS, SUCH AS NAGHOS, ENCHILADAS, GORNDOGS,
ETC. ON FRIDAY, SATURDAY, AND SUNDAY NIGHTS TO DISCOURACE OVER CONSUMPTION
OF ALCOHOLIC BEVERAGE.
WILL CHECK RESTROOMS ON A REGULAR BASIS TO PREVENT DRUG ACTIVITY AND USE.
WILL THOROUGHLY SCREEN ALL NEW HIRE EMPLOYEES BY CHECKINC THEIR BACKGROUND
AS FOLLOWS: CHECK WITH PREVIOUS EMPLOYER, CHECK WITH WOODBURN POLICE
DEPARTMENT, AND CHECK WITH DEPARTHENTOF MOTOR VEHICLES FOR DRIVING RECORD.
PROVIDE SECURITY TO MONITOR ACTIVITY ON SIDEWALKS OF FRONT STREET BETWEEN
SALUD CLINIC TO MAYS FURNITURE AND GARFIELD STREET FROM FRONT STREET TO T~E
ALLEY. THE SECURITY WILL DISSUADE ILLEGAL AGTIVITY, EDUCATE THE PUBLIC AND
CALL POLICE AS NEEDED. THE SECURITY WILL NOT BE AN EXTENSION OF THE
WOODBURN POLICE DEPARTMENT.
12. PROVIDE FOR GT~ANLINESS OF SIDEWALKS AND CURB AREAS OF FRONT AND GARFIELD
STREETS. SWEEP SIDEWALKS BY 7:00 A.M. SATURDAY, SUNDAY, MONDAY, AND OTHER
LEGAL HOLIDAYS.
13. CONTACT NEIGHBORING BUSINESSES AND ATTEMPT TO IDENTIFY PROBLEMS AND NEGOTIATE
REMEDIES TO IDENTIFIED PROBLEMS. DEVELOP PLAN TO WORK WITH AFFECTED
BUSINESSES.
14. WILL HEET WITH THE WOODBURN CHIEF OF POLICE ON A QUARTERLY BASIS TO DISCUSS
PROBLEMS OR CONCERNS REGARDING PREMISES, PATRONS OR EMPLOYEE ACTIVITY AND TO
FURTHER MONITOR COMPLIANCE ACTION PLAN.
15. WILL SUBSTANTIALLY REDUCE TRESPASS CALLS FOR~OLICE SERVICE.
ERASMO CAKBAJAL l~g~ WRIGHT, ~H,~[~EF OF POLICE
LA LINDA'S RESTAURANT WOODBURN POLIVEDEPARTHENT
CC:
CITY COUNCIL
OLGC
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