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June 27, 2022 Agenda ERIC SWENSON,MAYOR CITY OF WOODBURN DEBBIE CABRALES,COUNCILOR WARD I ALICE SWANSON,COUNCILOR WARD II CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV MARY BETH CORNWELL,COUNCILOR WARD V JUNE 27, 2022— 7:00 P.M. BENITO PUENTE JR.,COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. The City Council Meeting/Community BBQ is scheduled to take place on Tuesday, July 12, 2022, at 6:00 p.m. to coincide with Music in the Park. B. Join Woodburn Recreation and Parks at Centennial Park on July 4th from 5:00 p.m.-10:00 p.m. for a fun night of games, food and live music. • At 6:00pm listen to A.C.T. 2 Acoustic Duo. • At 8:30pm enjoy live music from Jacob Westfall. • End the evening with a festive firework show! Appointments: None. 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: A. 2022 Woodburn Fiesta Mexicana Court This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-6318 or Statewide To//Free Relay (800) 735-1232, at least 48 hours prior to this meeting. Si usted necesita asistencia especial, comuniquese al 503-980-6322 o a la linea telef6nica gratuita, (800) 735-1232, con un minimo de 48 horas, antes de la reuni6n. **Habra int6rpretes disponibles para aquellas personas que no hablan Ingl6s, previo acuerdo. Comuniquese al (503) 980-6322.** June 27, 2022 Council Agenda Page i 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of June 13, 2022 1 Recommended Action: Approve the minutes. 4 B. Crime Statistics through May 2022 Recommended Action: Receive the report. C. EV Charging Stations Agreement 9 Recommended Action: Authorize the City Administrator to sign Amendment No. 1 of the License Agreement with EV Charging Solutions (EVCS) for the installation and operation of Electric Vehicle (EV) Charging Stations at the Woodburn Memorial Transit Facility. D. Dedication of a Utility Easement on Stacy Allison Way, Woodburn OR, 16 97071 to Portland General Electric Company(Tax Lot 052W 12C002301) Recommended Action:Authorize the dedication of a utility easement to Portland General Electric Company for the real property owned by the City of Woodburn on Stacy Allison Way, Tax Lot 052W 12CO02301 . E. Authorization for Third Party Legal Counsel for Public Records Request Recommended Action: Authorize the retention of outside legal counsel to provide appropriate advice to the City Recorder. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. June 27, 2022 Council Agenda Page ii 11. GENERAL BUSINESS-Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill No. 3189 - A Resolution Authorizing the Transfer of 24 Appropriations within the Water Fund for the Fiscal Year 2021-2022. Recommended Action: Adopt the resolution authorizing up to $250,000 transfer from the Water Fund's Contingency to Materials & Services. B. Award of Construction Contract for the New Production Well for the 28 Parr Road Treatment Plant Project Recommended Action:Award the construction contract for the New Production Well for the Parr Road Treatment Plant Project to the lowest responsible and responsive bidder, R.L. Reimers Co., in the amount of $2,579,613.50. C. Award of Contract for Transit Vehicle Purchase 30 Recommended Action:Authorize the City Administrator to purchase a Chrysler Voyager modified minivan from Creative Bus Sales for$77,000 pursuant to the ODOT vehicle procurement program. D. Authorization of Additional $300,000 for Contract Change Orders for 41 the 1-5 Pump Station and Force Main Upgrades project Recommended Action: Authorize an additional $300,000 for this project for anticipated project change orders during the final construction stages of the 1-5 Pump Station and Force Main Upgrades Project. 12. OTHER BUSINESS None. 13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A. Call-Up Briefing: Planning Commission approval of a Conditional Use 42 Permit, Design Review, Phasing Plan, & Street Exception application package for the US Market gas station and commercial office area at 2540&2600 Newberg Hwy(OR Hwy 214)(CU 21-02, DR 21-10, EXCP 21- 05, & PP 21-01) Recommended Action: Staff briefs the Council on this item pursuant to Woodburn Development Ordinance (WDO) Section 4.02.02. (The Council may call up this item for review if desired and, by majority June 27, 2022 Council Agenda Page iii vote, initiate a review of this Commission decision.) Staff recommends against call-up because a party with legal standing appealed the decision. It is from attorney David Petersen of Tonkon Torp, LLC who represents the existing ARCO and Chevron gas stations in town. The hearing date would be July 25, 2022. 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. EXECUTIVE SESSION None. 17. ADJOURNMENT June 27, 2022 Council Agenda Page iv COUNCIL MEETING MINUTES JUNE 13, 2022 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 13, 2022 CONVENED The meeting convened at 7:00 p.m. with Mayor Swenson presiding. ROLL CALL Mayor Swenson Present Councilor Carney Present Councilor Cornwell Present Councilor Schaub Present Councilor Swanson Present Councilor Puente Absent Councilor Cabrales Absent Staff Present: City Administrator Derickson, Assistant City Attorney Granum, Assistant City Administrator Row, Police Chief Pilcher, Public Works Director Stultz, Community Services Director Cuomo, Finance Director Turley, Community Development Director Kerr, Senior Management Analyst Sherman, Public Affairs and Communications Coordinator Moore, City Recorder Pierson ANNOUNCEMENT The City Council Meeting /Community BBQ is scheduled to take place on Tuesday, July 12, 2022, at 6:00 p.m. to coincide with Music in the Park. APPOINTMENTS Carney/Schaub... appoint Karen Linton to the Community Center Advisory Committee. The motion passed unanimously. PROCLAMATION National Night Out—Mayor Swenson proclaimed Tuesday,August 2,2022 as "2022 391h Annual National Night Out" in the City of Woodburn. PRESENTATION Dr. Antonio German, Clinical Medical Director at Salud Medical and Pacific Pediatrics,provided a presentation on Oregon health insurance coverage and asked Council to consider City support for advancement of access to healthcare in the state. CONSENT AGENDA A. Woodburn City Council minutes of May 23, 2022, B. Building Activity for May 2022. Carney/Swanson... adopt the Consent Agenda. The motion passed unanimously. PUBLIC HEARING A Public Hearing to consider input on the Fiscal Year(FY)2022-23 City Budget Adoption. Mayor Swenson declared the hearing open at 7:36 p.m. for the purpose of hearing public input on the Fiscal Year (FY) 2022-23 City Budget Adoption. City Administrator Derickson provided a staff report. No members of the public wished to speak in either support or opposition of the Fiscal Year(FY) 2022-23 City Budget Adoption. Mayor Swenson closed the hearing at 7:39 p.m. A Public Hearing to consider input on the Fiscal Year 2022-23 possible uses and distributions of Page 1 - Council Meeting Minutes, June 13, 2022 1 COUNCIL MEETING MINUTES JUNE 13, 2022 State Revenue Sharing funds. Mayor Swenson declared the hearing open at 7:39 p.m. for the purpose of hearing public input on the Fiscal Year 2022-23 possible uses and distributions of State Revenue Sharing funds. City Administrator Derickson provided a staff report. No members of the public wished to speak in either support or opposition of the Fiscal Year 2022-23 possible uses and distributions of State Revenue Sharing funds. Mayor Swenson closed the hearing at 7:40 p.m. COUNCIL BILL NO. 3186 — AN ORDINANCE AMENDING THE WOODBURN DEVELOPMENT ORDINANCE (WDO) AND WOODBURN COMPREHENSIVE PLAN RELATING TO "MIDDLE HOUSING" (LA 21-02) AND DECLARING AN EMERGENCY Carney introduced Council Bill No. 3186. City Recorder Pierson read the bill twice by title only since there were no objections from the Council. Community Development Director Kerr provided a staff report. Councilor Swanson stated that she is opposed to this but appreciates all the work staff did on this. On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared Council Bill No. 3186 duly passed. COUNCIL BILL NO. 3187 — A RESOLUTION ADOPTING THE FISCAL YEAR (FY) 2022-23 BUDGET; MAKING BUDGET APPROPRIATIONS; AND CATEGORIZING TAXES Carney introduced Council Bill No. 3187. City Recorder Pierson read the bill by title only since there were no objections from the Council. City Administrator Derickson provided a staff report. On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared Council Bill No. 3187 duly passed. COUNCIL BILL NO. 3188 — A RESOLUTION DECLARING THE CITY OF WOODBURN'S ELIGIBILITY AND ELECTION TO RECEIVE STATE REVENUE SHARING Carney introduced Council Bill No. 3188. City Recorder Pierson read the bill by title only since there were no objections from the Council. City Administrator Derickson provided a staff report. On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared Council Bill No. 3188 duly passed. AWARD A CONTRACT TO NELSON\NYGAARD FOR PREPARATION OF A TRANSIT DEVELOPMENT PLAN Assistant City Administrator Row provided a staff report. Carney/Cornwell... award a Personal Services Contract to Nelson\Nygaard to provide professional services for the preparation of a Transit Development Plan(TDP) and authorize the City Administrator to sign the Agreement. The motion passed unanimously. AWARD A CONTRACT TO VERRA MOBILITY TO PROVIDE PHOTO ENFORCEMENT SYSTEMS & RELATED SERVICES Police Chief Pilcher provided a staff report. Carney/Swanson... award a contract to Verra Mobility to provide photo enforcement systems and related services to the City of Woodburn and authorize the City Administrator to sign the Agreement. The motion passed unanimously. AWARD A SOLE SOURCE CONTRACT TO AXON ENTERPRISE INC. Police Chief Pilcher provided a staff report. Carney/Schaub... award a sole source contract to Axon Enterprise, Inc. for the purchase of the Company's Core+Plan bundled with Axon Air and Axon VR Controller Kit services and authorize the City Administrator to sign the Agreement. The motion passed unanimously. Page 2 - Council Meeting Minutes, June 13, 2022 2 COUNCIL MEETING MINUTES JUNE 13, 2022 CITY ADMINISTRATOR'S REPORT The City Administrator reported the following: • Officer Ponce has returned to work on light duty at the police department. • Thanked staff who worked on the Taste of Woodburn over the weekend. • An RFP is going out for the police department's response team, which will be a tool to help the department respond to homelessness issues in the community so they have non- profit resources available to respond to nonviolent situations. • Community BBQ/Council meeting taking place in July MAYOR AND COUNCIL REPORTS Mayor Swenson noted that he was pleased with how the Taste of Woodburn went and the next big event is the July 4th celebration at Centennial Park. ADJOURNMENT Swanson/Schaub...move to adjourn. The motion passed unanimously.Mayor Swenson adjourned the meeting at 8:05 p.m. APPROVED ERIC SWENSON, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, June 13, 2022 3 6/15/2022 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2022 Year to Date CHARGE DESCRIPTION Jan Feb Mar Apr May Total AGGRAVATED ASSAULT 5 0 0 10 2 17 ANIMAL ORDINANCES 2 9 2 7 4 2 ASSAULT SIMPLE 8 7 8 11 12 46 ATTEMPTED MURDER 0 0 0 0 2 2 BURGLARY- BUSINESS 2 2 0 0 0 BURGLARY- RESIDENCE 2 1 0 0 0 3 CHILD NEGLECT 0 0 1 0 0 1 CRIME DAMAGE-NO VANDALISM OR ARSON 3 6 1 1 2 13 CURFEW 0 1 0 0 0 1 CUSTODY- MENTAL 2 4 3 2 1 12 DISORDERLY CONDUCT 5 2 1 3 4 1 DRIVING UNDER INFLUENCE 6 8 7 11 9 41 DRUG LAW VIOLATIONS 2 0 3 3 1 9 DWS/REVOKED-MISDEMEANOR 4 2 2 1 1 10 ELUDE 1 2 0 2 0 ESCAPE FROM YOUR CUSTODY 0 0 1 0 0 1 FAIL TO DISPLAY OPERATORS LICENSE 0 0 0 1 0 1 FORCIBLE RAPE 0 0 0 2 0 2 FORGERY/COUNTERFEITING 1 0 0 0 0 1 FRAUD - BY DECEPTION/FALSE PRETENSES 0 1 5 0 0 6 FRAUD -CREDIT CARD/AUTOMATIC TELLER MACHINE 0 0 0 3 1 FRAUD -OF SERVICES/FALSE PRETENSES 0 2 0 0 0 2 FUGITIVE ARREST FOR ANOTHER AGENCY 43 38 37 29 30 177 HIT AND RUN-MISDEMEANOR 1 3 5 2 2 13 IDENTITY THEFT 1 0 0 0 0 1 INTIMIDATION /OTHER CRIMINAL THREAT 8 7 6 3 2 26 KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 0 2 0 0 0 2 MINOR IN POSSESSION 1 1 0 0 1 3 MISCELLANEOUS 0 0 4 0 0 MOTOR VEHICLE THEFT 3 2 3 1 6 1 OTHER 2 0 1 6 2 11 PROPERTY RECOVER FOR OTHER AGENCY 2 0 0 0 0 2 PROVIDE FALSE INFORMATION TO LAW ENFORCEMEN 1 0 0 2 0 3 RECKLESS DRIVING 2 3 5 4 3 17 RECKLESSLY ENDANDERING 2 0 1 0 3 6 RESTRAINING ORDER VIOLATION 2 1 1 2 2 8 ROBBERY- BUSINESS 1 1 0 0 0 2 ROBBERY-CAR JACKING 0 1 0 0 0 1 ROBBERY-OTHER 1 0 0 0 0 1 ROBBERY- RESIDENCE 1 0 0 0 0 1 RUNAWAY 1 0 0 0 1 2 EX CRIME -CONTRIBUTE TO SEX DELINQUENCY 1 0 0 0 0 1 EX CRIME -MOLEST(PHYSICAL) 0 0 2 1 0 3 EX CRIME -NON-FORCE RAPE 1 0 0 1 0 2 EX CRIME -OTHER 0 1 0 0 0 1 EX CRIME -SEXUAL ASSAULT WITH AN OBJECT 0 0 1 0 0 1 TOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 1 0 4 0 0 HEFT- BUILDING 2 1 1 0 2 6 HEFT- FROM MOTOR VEHICLE 1 0 0 0 0 1 HEFT-OTHER 4 0 3 2 0 9 HEFT- PICKPOCKET 0 0 0 0 1 1 HEFT-SHOPLIFT 13 2 3 5 9 32 RAFFIC VIOLATIONS 1 2 0 0 0 3 RESPASS 3 45 3 2 4 57 Page 1 of 2 4 6/15/2022 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2022 Year to Date an Feb Mar Apr May Total UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 2 0 1 0 0 3 VANDALISM 2 38 4 1 2 47 EAPON -CARRY CONCEALED 1 0 0 0 0 1 WEAPON -EX FELON IN POSSESSION 2 2 1 1 0 6 EAPON -OTHER 1 01 01 11 0 01 1 EAPON -POSSESS ILLEGAL 1 71 31 31 1 6 2 EAPON -SHOOTING IN PROHIBITED AREA 1 21 01 01 0 0 2 Jan Feb Mar Apr May Total 2022 Total 158 200 124 124 115 721 2021 Total 173 97 81 272 134 757 2020 Total 161 139 105 133 149 687 Arrests/Year 800 goo 600 y 500 GN`1 400 Q 300 200 100 0 2020 2021 2022 Year Page 2 of 2 5 6/15/2022 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2022 Year to Date CHARGE DESCRIPTION Jan Feb Mar Apr May Total AGGRAVATED ASSAULT 5 0 3 5 4 1 ANIMAL ORDINANCES 2 5 3 6 4 2 ARSON 0 0 0 1 0 1 ASSAULT SIMPLE 17 11 12 13 24 7 ATTEMPTED MURDER 0 0 0 0 1 1 BURGLARY- BUSINESS 4 1 0 1 1 BURGLARY-OTHER STRUCTURE 1 0 0 1 0 BURGLARY- RESIDENCE 3 2 0 0 0 CHILD NEGLECT 0 0 1 0 0 1 CRIME DAMAGE-NO VANDALISM OR ARSON 18 9 6 15 4 5 CRIMINAL MISTREATMENT 0 0 1 0 0 1 CURFEW 0 1 0 0 01 1 CUSTODY- MENTAL 2 4 3 2 1 1 DISORDERLY CONDUCT 4 3 2 3 7 1 DRIVING UNDER INFLUENCE 6 8 7 11 9 41 DRUG LAW VIOLATIONS 2 0 2 3 1 DWS/REVOKED- FELONY 0 0 0 1 0 1 DWS/REVOKED-MISDEMEANOR 4 2 2 2 1 11 ELUDE 6 1 1 4 2 1 ESCAPE FROM YOUR CUSTODY 0 0 1 0 0 1 FAIL TO DISPLAY OPERATORS LICENSE 0 0 0 1 0 1 FORCIBLE RAPE 2 0 4 2 3 11 FORGERY/COUNTERFEITING 2 2 2 1 5 1 FRAUD- BY DECEPTION/FALSE PRETENSES 2 4 8 9 3 2 FRAUD- CREDIT CARD/AUTOMATIC TELLER MACHINE 3 2 0 4 4 1 FRAUD- IMPERSONATION 0 1 2 1 2 FRAUD- OF SERVICES/FALSE PRETENSES 1 2 0 0 0 FRAUD-WIRE 0 0 0 0 1 1 FRAUD-OTHER 0 0 0 1 0 1 FUGITIVE ARREST FOR ANOTHER AGENCY 25 22 28 18 19 112 GARBAGE LITTERING 0 0 1 0 0 1 HIT AND RUN FELONY 1 0 1 1 2 HIT AND RUN-MISDEMEANOR 23 21 27 15 14 100 IDENTITY THEFT 3 3 2 4 2 1 INTIMIDATION /OTHER CRIMINAL THREAT 5 6 6 1 10 2 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 2 0 0 2 MINOR IN POSSESSION 1 1 0 0 0 2 MISCELLANEOUS 13 20 16 21 8 7 MOTOR VEHICLE THEFT 22. 19 9 22 17 8 NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 1 1 OTHER 3 1 3 5 4 1 PROPERTY- FOUND LOST MISLAID 3 3 1 2 0 9 PROPERTY RECOVER FOR OTHER AGENCY 1 0 1 1 0 3 PROSTITUTION - ENGAGE IN 0 1 0 0 1 PROSTITUTION - PROMOTE 0 1 0 0 1 RECKLESS DRIVING 3 3 7 E 3 2 RESTRAINING ORDER VIOLATION 3 2 1 3 11 ROBBERY- BUSINESS 3 1 0 2 1 7 ROBBERY- CAR JACKING 0 1 0 0 0 1 ROBBERY- OTHER 2 0 0 0 0 2 ROBBERY- RESIDENCE 1 0 0 0 0 1 RUNAWAY 3 0 1 1 2 7 SEX CRIME - MOLEST (PHYSICAL) 0 0 5 2 9 SEX CRIME - NON-FORCE RAPE 4 1 0 0 SEX CRIME - OTHER 0 1 0 0 1 SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 0 0 1 1 STALKER 0 0 0 1 2 3 Page 1 of 2 6 6/15/2022 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2022 Year to Date an Feb Mar Apr May Total STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 0 0 1 0 1 HEFT- BICYCLE 2 0 0 1 2 HEFT- BUILDING 2 1 2 1 4 1 HEFT- FROM MOTOR VEHICLE 31 15 17 12 14 8 HEFT- MOTOR VEHICLE PARTS/ACCESSORIES 0 2 1 3 2 HEFT- OTHER 10 12 8 8 7 4 HEFT- PICKPOCKET 0 1 0 0 1 HEFT- PURSE SNATCH 3 0 0 0 1 HEFT- SHOPLIFT 35 26 54 28 281 171 TRAFFIC VIOLATIONS 2 2 4 0 2 1 TRESPASS 5 15 2 4 3 2 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 7 1 0 1 2 11 VANDALISM 12 23 17 20 28 100 VEHICLE RECOVERD FOR OTHER AGENCY 4 3 0 2 1 1 WEAPON -CARRY CONCEALED 1 0 0 0 1 2 WEAPON - EX FELON IN POSSESSION 2 2 1 1 1 7 WEAPON -OTHER 0 0 1 d 0 1 EAPON - POSSESS ILLEGAL 8 3 4 4 7 2 WEAPON -SHOOTING IN PROHIBITED AREA 6 2 2 1 2 1 Jan I Feb I Marl Apr IMayl Total 2022 Total 1 3331 274 2831 2771 2771 1,445 2021 Total 1 2591 2131 2571 2621 2731 1,264 2020 Total 1 3071 3221 2491 2781 3611 1,517 Offenses/Year ,600 ,400 1200 1000 - Z 900 W 0 600 400 200 0 2020 2021 2022 YEAR Page 2 of 2 7 Woodburn Police Department ORDINANCE VIOLATIONS 2022 Year to Date 6/15/2022 Ordinance Discription Jan Feb Mar Apr May Total Animal Complaint 39 53 53 67 48 260 Ordiinance -Abate/Nuisances 2 5 11 6 3 27 Ordinance -Abandoned Vehicles 38 34 59 36 31 198 Ordinance -Abate Graffiti 13 48 18 38 14 131 Ordinance - Land Use Violations 1 0 0 0 0 1 Ordinance -Oth Violation 135 58 110 58 45 406 Ordinance -Tall Grass 1 0 0 1 241 243 2022 Total 229 198 251 206 382 1,266 2021 Total 51 66 83 96 115 411 2020 Total 109 121 97 80 156 563 Ordinance Violations / Code Enforcement Officers 800 700 600 Z 500 O Q 400 O 300 n 200 100 2020 2021 2022 COMBINED TOTAL-CODE ENFORCEMENT OFFICERS Ordinance Violations / Year 1400 1200 1000 N p 800 F J O 600 400 200 2020 2021 2022 YEAR TOTALS FOR ALL OFFICERS 1 8 �'I'1 r I Iii♦ r} B V' June 27, 2022 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Row, Assistant City Administrator SUBJECT: EV Charging Stations Agreement RECOMMENDATION: Authorize the City Administrator to sign Amendment No. 1 of the License Agreement with EV Charging Solutions (EVCS) for the installation and operation of Electric Vehicle (EV) Charging Stations at the Woodburn Memorial Transit Facility. BACKGROUND: Prior to the completion of the 1-5 Interchange Project, the Woodburn Memorial Transit Facility was selected by the Oregon Department of Transportation (ODOT) through their West Coast Electric Highway Project as a location for installation of an electric vehicle fast charging station and a level 11 charging station. In April 2014, the City Council authorized staff to contract with AeroVironment Inc for the installation and operation of the EV charging stations at the Transit Facility. The agreement had an initial term of five (5) years with up to three (3) successive five (5) year renewal periods. We are currently in the first five (5) year renewal period. In June 2014, the License was transferred to Webasto Charging Systems and assigned and transferred again to EVCS (current Licensee) in June 2020. EVCS is ODOT's selected installer/ operator of EV charging stations installed through the West Coast Electric Highway program. DISCUSSION: Amendment No. 1 modifies the original agreement to: Agenda Item Review: City Administrator x_ City Attorney x_ Finance—x- 9 Honorable Mayor and City Council June 27, 2022 Page 2 1 . Authorize EVCS to sublicense the installation/ operation of some or all of the charging stations (with City & ODOT consent) to another provider, which will allow for the inclusion of proprietary charging stations. 2. Increases the number of authorized charging stations from two (2) to twelve (12). 3. Increases the fee paid to the City to $1 ,200 per calendar quarter with a 3% annual escalator. The license fee is contingent upon the installation of 12 charging stations. If the number of stations remains at two (2), the present compensation rate of $.05/kWh will remain in effect. The Woodburn Memorial Transit Facility is owned by ODOT, but in accordance with Cooperative Improvement Agreement No. 25169, is operated and maintained by the City. As is required by the agreement, ODOT has reviewed and approved this amendment. FINANCIAL IMPACT: This agreement is anticipated to increase the compensation the City receives from the charging stations up to $1 ,200 per calendar quarter. This fee will escalate by 3% annually. The electrical power costs will be borne by the contractor. 10 License Agreement Amendment No. 1 This Amendment No. 1 is entered into by and between EV Charging Solutions, Inc., a California corporation, ("EVCS" or"Licensee") and the City of Woodburn ("Licensor"), for the purpose of amending their License Agreement ("Agreement") fully executed on June_, 2022, as set forth below. The license, originally executed by AeroVironment, Inc. (original Licensee) and the Licensor in June 2014, was assigned and transferred to Webasto Charging Systems, Inc. (succeeding Licensee) in 2018, and assigned and transferred again to EVCS (current Licensee) in June 2020. The purpose of this Amendment is to include: 1. The right of Licensee to sublicense the Premises as that term is defined in the Agreement to a sublicensee ("Sublicense e") for the term of the Agreement and all extensions thereof; 2. An increase in the number of permitted charging stations and parking spaces; and 3. An update of the License Fee. Accordingly,the Parties agree as follows: 1. The Parties agree to delete Section 3 -Use, in its entirety, and to replace Section 3 - Use as follows: "3. Use. The Premises may be used by Licensee and any SubLicensee of Licensee's choice, following notification to Licensor and ODOT and subject to prior written consent of Licensor,which will not be unreasonably withheld, for any lawful activity in connection with the provisions of electrical automobile charging services, including the maintenance and operation of related facilities.As a condition to its validity and enforceability, each sublicense agreement shall: (i) incorporate by reference the terms and conditions of this Agreement; (ii) be consistent with the terms and conditions and limitations of this Agreement; (iii) prohibit SubLicensee's further sublicense of the rights delivered hereunder without Licensor's prior written consent; and (iv) name Licensor as an intended third party beneficiary of the obligations of SubLicensee. Licensor agrees, at no expense to Licensor, to cooperate with Licensee and SubLicensee, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Licensee's and SubLicensee's intended use of the Premises. 2. The Parties agree to delete Section 6 - Compensation, in its entirety, and to replace Section 6 -as follows: 6. License Fee. Within 30 days of the end of each calendar quarter during the Term, Licensee shall pay Licensor as license fee $1,200 for the previous calendar quarter. The fee shall be increased annually by 3 percent. License fee shall be payable to Licensor at the following address: 270 Montgomery Street, Woodburn, OR 97071. Licensor shall be required to provide an accurate and executed W-9 Form to Licensee. 1 11 The License Fee is contingent on the installation and operation of four (4) EVCS EV chargers and eight (8) SubLicensee chargers for a total of twelve (12) chargers. Payment of the License Fee commences 90 days after completion of charger commissioning, which is expected mid-2022. If the number of EV chargers remains at two (2), the License Fee will revert to $0.05/kWh of combined charger usage. 3. The Parties agree to delete Section 7 - Improvements, in its entirety, and to replace Section 7 - Improvements, as follows: 7. Improvements. Licensee and SubLicensee have the right to construct, maintain, install, repair, secure, replace, remove, and operate on the Premises electrical automobile charging services and facilities, including but not limited to one or more freestanding charging station(s), utility lines, electronic equipment, advertising displays and supporting equipment and structures therefor ("Licensee Facilities" and "SubLicensee Facilities"). In connection therewith, Licensee and SubLicensee have the right to do all work necessary to prepare, add, maintain and alter the Premises for Licensee's and SubLicensee's operations and to install utility lines connecting the Facilities to electrical services as needed.All of Licensee's and SubLicensee's construction and installation work shall be performed at Licensee's and SubLicensee's cost and expense and in a good and workmanlike manner. Title to the Licensee and SubLicensee Facilities and any equipment placed on the Premises by Licensee and SubLicensee shall be held by Licensee and SubLicensee or by their lenders or assigns and are not fixtures. Licensee and SubLicensee have the right to remove the Licensee and SubLicensee Facilities at their sole expense on or before the expiration or earlier termination of this Agreement, and Licensee and SubLicensee shall repair any damage to the Premises caused by such removal. Upon the expiration or earlier termination of this Agreement, Licensee and SubLicensee shall remove the Licensee and SubLicensee Facilities from the property. 4. Throughout the Agreement,the Parties agree to replace "AV" and replace "Licensee" with "Licensee and SubLicensee". S. The Parties agree to amend Exhibit A of the Agreement with the revised charger location drawing attached hereto,which may, among other things, increase the number of charging stations and parking spaces permitted by the Agreement. 6. Licensee's notice address in Section 11 is amended as follows: EV Charging Solutions, Inc. Attn: Chief Operating Officer 11800 Clark Street Arcadia, CA 91006 7.All other terms and conditions of the Agreement shall remain in full force and effect. This Amendment, effective as of the date last written below, is executed by the persons signing below who warrant that they have the authority to sign on behalf of EVCS and Licensor. 2 12 In Witness whereof,the parties have read and understand this Amendment No. 1, and by their signatures below, agree to the terms. LICENSOR LICENSEE City of Woodburn EV Charging Solutions, Inc. By: By: Name: Name: Title: Title: Date: Date: 3 13 EXHIBIT A- Charger Location Revised Drawing Original Charger Location Drawing 2895 Newberg Hwy, Woodburn, OR 97071 The Premises,are,desco°bed anch'v depicted as fir&Gms: fi r 4 14 Revised Charger Location Drawing 2895 Newberg Hwy, Woodburn, OR 97071 � h f V Description: Original EV Charging Station. The original EV charging station was located at the south side of the property's parking lot and used two parking spaces. Upgraded EV Charging Station. The upgraded EV Charging Station uses the twelve (12) parking spaces on the south side of the parking lot, starting with the original two chargers. 5 15 �'I'1�r I Iii♦ r} B V' June 27, 2022 TO: Honorable Mayor and City Council through City Administrator FROM: Curtis Stultz, Public Works Director SUBJECT: Dedication of a Utility Easement on Stacy Allison Way, Woodburn OR, 97071 to Portland General Electric Company (Tax Lot 052W12C002301) RECOMMENDATION: Authorize the dedication of a utility easement to Portland General Electric Company for the real property owned by the City of Woodburn on Stacy Allison Way, Tax Lot 052W 12CO02301 . BACKGROUND: Portland General Electric Company (PGE) requires this permanent easement to provide power to the upgraded pump station located at the subject site. PGE previously provided power to the site without an easement; however, with site upgrades under development they are now requiring an easement. The 1-5 Pump Station and Force Main Upgrades Project, which is currently under construction, will provide wastewater collection services for those properties within the recently expanded urban growth boundary. DISCUSSION: This 10-foot wide PGE utility easement is located along the northern property boundary of the City owned lot (Tax Lot 052W 12C002301 ), adjacent to the Wal- Mart on Stacy Allison Way. The dedication provides PGE a permanent easement and right-of-way to construct, maintain, repair, improve, and replace all necessary infrastructure for the purpose of transmission, distribution, and sale of electricity and communication. FINANCIAL IMPACT: There is no cost to the City or PGE for the dedication of this easement. Agenda Item Review: City Administrator_x_ City Attorney x_ Finance—x- 16 Mayor and City Council June 27, 2022 Page 2 ATTACHMENTS A Copy of the PGE Utility Easement is included as part of this agenda item. 17 Nl� II IIII ��u . mm o VVVV After Recording Please Return To.- Portland o:Portland General Electric Company Attn:Property Services 121 SW Salmon Street, IWTC1302 Portland, Oregon 97204-9951 Grantor's Mailing Address: City of Woodburn 270 Montgomery St Woodburn, OR 97071 (Space above this line for Recorder's use) Grantor: City of Woodburn Grantee: Portland General Electric Company APN/APN2: 052W12CO2301 /R345042 PGE UTILITY EASEMENT For good and valuable consideration the current receipt,reasonable equivalence, and sufficiency of which is hereby acknowledged by CITY OF WOODBURN, a municipal corporation of the State of Oregon ("Grantor") hereby grants, conveys and warrants to PORTLAND GENERAL ELECTRIC COMPANY,an Oregon corporation,and its successors and assigns("Grantee"),a nonexclusive,perpetual easement and right-of-way (the "Easement") over, under, upon, through and across the real property situated in Marion County, Oregon as further described in Exhibit"A" attached hereto (the "Property"). The Easement shall affect an easement area approximately Ten (10) feet in width, extending Five (5) feet on each side of a center line of Grantee's Systems (as defined herein) located as currently existing, constructed and/or to be constructed, extended or relocated on the Property, except to the extent of those portions of the Property, if any, occupied by existing building footings, foundations, aboveground improvements and/or subsurface structures on the effective date hereof(the "Easement Area"). As used herein, the term "Systems" shall include a variable number of wires, circuits, and all appurtenances, equipment, structures, poles, guys, anchors, transformers, and facilities as Grantee deems necessary or convenient for the operation and maintenance of such Systems and for the purpose of transmission, distribution, and sale of electricity and communication. Grantee's Rights. Grantee shall have the right to enter upon and use the Easement Area to plan, survey, construct, inspect, operate, maintain, repair, replace, improve, relocate, remove, and enlarge one or more Systems and the right to derive income therefrom, together with all rights, uses, and privileges directly or indirectly necessary or convenient for the full enjoyment, use, and exercise of Grantee's rights under the Easement, doing all such acts or things on the Easement Area, and all works necessary or appurtenances ancillary,including but not limited to,the right to provide,maintain, and protect quality habitat for aquatic, terrestrial, and avian wildlife, and the right of ingress to and egress from, along and upon said Easement Page 1--PGE UTILITY EASEMENT(Commercial Customer Form) M#2852501 Property Address: No Site Address, TL 2301,Woodburn, OR 97071 PP 2008-100,Parcel 2 (PGE Form Approved by KMI on 5/13/2020 through 12/312020) 18 Area and over and across the Property and Grantor's adjoining property interests, in connection with or related to all or any portion of the foregoing. Grantee shall have the right to make changes in grade, elevation or contour of the land within the Easement Area, and to cut away and keep clear, prevent the construction or placement, remove, level, and/or dispose of all obstructions, structures, natural features, trees,vegetation and/or undergrowth, on,under, along or above the Easement Area(although Grantee may leave any of the foregoing on the Easement Area), which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient use, enjoyment, or exercise of Grantee's rights under the Easement or which is necessary for the protection from fire, natural disaster, terrorism, theft, vandalism, and other similar hazards. No right of Grantee hereunder shall lapse or be waived in the event Grantee fails to use the Easement, or any portion thereof, on a continuous basis. Existing Systems. In addition to the Easement granted hereby, Grantor hereby confirms and ratifies all of Grantee's Systems currently located on the Property and,to the extent not previously conveyed to Grantee, hereby grants and conveys to Grantee a nonexclusive,perpetual easement and right-of-way with respect to such currently located Systems upon the terms and conditions set forth herein. Grantor's Use. Grantor shall have the right to use the Easement Area for all purposes,provided that such use is not deemed by Grantee to interfere with the use, enjoyment, or exercise by Grantee of any rights under the Easement. If Grantee is required to modify the Easement or relocate the Easement Area or Systems because of any Grantor use of and/or condition of the Property, the cost associated with such relocation or modification shall be the responsibility of Grantor. Notwithstanding the rights granted to Grantee hereunder, above-ground maintenance of the Property subject to this Easement (excluding the Systems) shall be the responsibility and at the expense of Grantor,including,but not limited to,irrigation, grass mowing, and vegetation and erosion control. Grantor Representations and Warranties. Grantor represents, covenants, and warrants to Grantee that Grantor is lawfully seized in fee simple title to the Property; that Grantor has the legal right and authority to grant this Easement and that no other party has an ownership interest in the Property or any portion thereof(including the associated timber,water,and mineral rights)that will limit or interfere with Grantee's rights hereunder whatsoever; and that the execution and performance of this Easement by Grantor is duly authorized. Required Actions/Necessary Documents. Grantor agrees to cooperate with Grantee to obtain all necessary permits, licenses and governmental action and shall sign all necessary documentation to enable Grantee the full use, enjoyment and benefit of this Easement. Each of the foregoing shall be without further compensation to Grantor. Liabilities. In no event shall either party be liable to the other party or any other person or entity for any lost or prospective profits or any other special, punitive, exemplary, consequential, incidental or indirect losses or damages (in tort, contract, or otherwise)under or in respect of this Easement or for any failure of performance related hereto howsoever caused, whether or not arising from Grantee's sole, joint or concurrent negligence. Grantee's Use.Notwithstanding anything herein to the contrary, when performing repairs, maintenance or other construction activities Grantee agrees to use due care in any use of the Property and will make commercially reasonable efforts so as not to unreasonably disturb Grantor's use of its Property. With the exception of the addition of the Systems, Grantee agrees to return the Easement Area to its condition which existed prior to the installation of any of its improvements in the Easement Area,including but not limited to the replacement of any sod, landscaping,paving or other improvements that existed within the Easement Area prior to such installation or repair. Applicable Law/Costs and Attorney Fees. This Easement shall be interpreted, construed and enforced in accordance with the law of the State of Oregon with venue for any action being in the County where the Property is located. Page 2—PGE UTILITY EASEMENT(Commercial Customer Foran) M#2852501 (PGE Form Approved by KMI on 5/13/2020 through 12/31/2020) 19 Entire Agreement. This instrument, along with any exhibits and attachments or other documents affixed hereto or referred to herein, constitutes the entire agreement between Grantee and Grantor relative to the Easement. This Easement may be altered and/or revoked only by an instrument signed by both Grantee and Grantor.Grantee and Grantor hereby agree that all prior written and oral agreements,understandings and/or practices relative to the Easement are superseded by this instrument. The consideration acknowledged herein is accepted by Grantor as full compensation for all rights granted Grantee pursuant hereto, and for all current and future damages, injuries, and loss of value incidental to or in any way associated with the Property and/or the Easement. This Easement may be executed in counterparts, and such counterparts together shall constitute but one original of the Easement. Each counterpart shall be equally admissible in evidence, and each original shall fully bind each party who has executed it. As used herein and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. This Easement shall run with the Property and shall be binding on Grantor and shall inure to the benefit of Grantee, and Grantee's successors, and assigns, as well as the tenants, sub-tenants, licensees, concessionaires, mortgagees in possession, customers, and invitees of such persons or entities. The Easement is an in-gross easement and is not appurtenant to any particular property of Grantee. IN WITNESS WHEREOF, Grantor has executed this Easement effective as of the day of , 20 GRANTOR: CITY OF WOODBURN By: Name: Title: ACKNOWLEDGMENT STATE OF ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument as of CITY OF WOODBURN and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. Dated: , 20 Notary Public My commission expires: Page 3—PGE UTILITY EASEMENT(Commercial Customer Foran) M#2852501 (PGE Form Approved by KMI on 5/13/2020 through 12/31/2020) 20 EXHIBIT A PROPERTY DESCRIPTION PARCEL 2, PARTITION PLAT 2008- 100, CITY OF WOODBURN, MARION COUNTY, OREGON. Page 4—PGE UTILITY EASEMENT(Commercial Customer Foran) 21 11111��111111111111111111111 IIIIIIIIII 31111111111111S �I��Illlllllllllllllllllllllllui��Illlllllllllllllllllllllllllllllliu�1��\1�\� iiiiiiiiiii EXHIBIT "A" PGE Easement - over City of Woodburn property A tract of land lying in the Southwest One-Quarter of Section 12, Township 5 South, Range 2 West, of the Willamette Meridian, Marion County, Oregon, and being a portion of Parcel 2 of Partition Plat No. 2008-100, said tract being more particularly described as follows: BEGINNING AT a point on the east line of said Parcel 2 of Partition Plat No. 2008-100 that bears South 06059'35" East 29.92 feet from the northeast corner of said Parcel 2; Thence North 44°33'01" West, 25.69 feet to an angle point; Thence North 44°31'51" East, 1.50 feet to an angle point; Thence North 45030'46" West, 8.00 feet to an angle point; Thence South 44°31'51" West, 8.00 feet to an angle point; Thence South 45030'46" East, 8.00 feet to an angle point; Thence North 44031'51" East, 1.50 feet to an angle point; Thence South 44033'01" East, 32.11 feet to the east line of said Parcel 2; Thence North 06059'35" West, along said east line, 8.20 feet to the POINT OF BEGINNING. The parcel of land to which this description applies contains 208.50 square feet, more or less. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 16, 1982 TERRY GOODMAN 1989 RENEWAL DATE: 6-30-21 22 EXHIBIT MAP PGE EASEMENT LOCATED IN SEC. 12, T. 5 S., R. 2 W., WM CITY OF WOODBURN, MARION COUNTY, OR PARCEL 1 P.P.NO. 1992-17 S44°31'51"W 8.00'--,,"'�" N45*30 � '46"W 8.00' . . . . . . . . . . .. WAL—MART REAL ESTATE * * * * * . . . . . . . BUSINESS TRUST . . . . . . . . . . . 1.50' REEL 1879 PAGE 71 S45*30'46"E 8.00'--"""#>\ . . . . . . . . . . 0 to �7' 0 N44*31'51"E 1.50'f********* * * * *.* :\ ' V) . . . . . . . .....\*I- . . . . . . . . . . ..\5 . . . 6"9, 208.50 SQ. FT, 5r \ . . . . ... . . . sr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . POINT OF BEGINNING CITY OF WOODBURN N06*59'35"W 8.20' PARCEL 2 P.P.NO. 2008-100 oz 19 PBS DRAWN BY: TLG I SCALE: 1"=10' 4/26/2022 CHECKED BY: TLG I JOB NO.: 71431-002 SHEET 1 OF 1 23 DBUR Proe.�;:;rrreef A$'7R7 June 27, 2022 TO: Honorable Mayor and City Council through City Administrator FROM: Tony Turley, Finance Director SUBJECT: FY 2021-22 Transfer of Appropriations Request within Water Fund RECOMMENDATION: Adopt the resolution authorizing up to $250,000 transfer from the Water Fund's Contingency to Materials & Services. BACKGROUND: Every year, after Council budget adoption, circumstances arise that were either unforeseen, unquantifiable, or discovered as errors. Oregon Budget Law, ORS 294.471 (1 ) provides for changes to adopted budgets through a transfer resolution or supplemental budget process that notices the proposed changes. Transfers not in excess of 15 percent of any fund's total expenditures may be made through a resolution without adoption of a supplemental budget. The proposed transfer of Water Fund appropriations is less than 4 percent of the Fund's total budgeted expenditures. DISCUSSION: Water Fund (470): Contingency $250,000 Authority is requested to move $250,000 from Contingency to the Materials & Services category. Water Fund (470): Materials & Services $250,000 The increase represents additional funds needed for higher than anticipated Materials & Services costs including chemicals, electricity, licensing fees, and professional services associated with the EPA-required Risk & Resiliency Plan. Additionally, an unprecedented growth in residential and industrial development has significantly increased water supply expenditures this year. Due to supply chain disruptions, additional meters were purchased to ensure the City can supply development in the coming year. Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x- 24 Honorable Mayor and City Council June 27, 2022 Page 2 FINANCIAL IMPACT: If the resolution is approved, $250,000 will be transferred from the Water Fund's Contingency to Materials & Services category. This transfer will not change the Fund's total budgeted expenditures. WATER FUND(4710 Amended Budget Appropriation, Transfers In(Quit) Revised)Appropriation Expenditures Personnel Services $ 1,694,975 1,694,975 Materials&Services 1,096,890 250,000 1,346,890 Debt Service 1,228,600 1,228,600 Transfers Out 453,080 453,080 Contingencies&Reserve 2,078,855 (250,000 1,828,855 Expenditures Total 6,552,400 6,552,400 25 COUNCIL BILL NO. 3189 RESOLUTION NO. 2193 A RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS WITHIN THE WATER FUND FOR THE FISCAL YEAR 2021-2022. WHEREAS, on June 14, 2021 , the Woodburn City Council approved a Resolution adopting a budget for the fiscal year 2021-2022, wherein funds were appropriated; and WHEREAS, ORS 294.463 provides that transfers of appropriations may be made within a given fund when authorized by Resolution of the City Council; and WHEREAS, the City routinely budgets certain amounts and contingencies to provide budget resources to fund appropriations not anticipated at the time of budget adoption; and WHEREAS, Transfers may be made from an operating contingency appropriation to the appropriation category from which it will be expended; and WHEREAS, Contingency transfers that in aggregate during a fiscal year do not exceed fifteen percent (15%) of the total appropriations of the fund contained in the original budget may be made through a resolution without adoption of a supplemental budget; and WHEREAS, Changes to previously budgeted appropriations in the Water Fund are needed for higher than anticipated Materials & Service costs including chemicals, electricity, licensing fees, and professional services associated with the EPA-required Risk & Resiliency Plan. Additionally, an unprecedented growth in residential and industrial development has significantly increased water supply expenditures this year. Due to supply chain disruptions, additional meters were purchased to ensure the City can supply development in the coming year. NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Transfer of Appropriations. The following Transfer of Appropriations within the Water Fund for the 2021-2022 fiscal year is hereby approved: Page 1 -COUNCIL BILL NO.3189 RESOLUTION NO.2193 26 WATER FUND(470) Amended Budget Appropriation Transfers In (Out) Revised Appropriation Expenditures Personnel Services $ 1,694,97S - 1,694,97S Materials&Services 1,096,890 250,000 1,346,890 Debt Service 1,228,600 - 1,228,600 Transfers Out 453,080 - 4S3,080 Contingencies& Reserve 2,078,8SS (250,000) 1,828,8SS Expenditures Total 6,SS2,400 6,SS2,400 Approved as to form: City Attorney Date Approved: Eric Swenson, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson City Recorder City of Woodburn, Oregon Page 2-COUNCIL BILL NO.3189 RESOLUTION NO.2193 27 Iii♦ r�} RRYiN�� /y1 fun.- June 27, 2022 TO: Honorable Mayor and City Council (acting in its capacity as the Local Contract Review Board) through City Administrator FROM: Curtis Stultz, Public Works Director SUBJECT: Award of Construction Contract for the New Production Well for the Parr Road Treatment Plant Project RECOMMENDATION: Award the construction contract for the New Production Well for the Parr Road Treatment Plant Project to the lowest responsible and responsive bidder, R.L. Reimers Co., in the amount of $2,579,613.50. BACKGROUND: This project is included in the approved FY 21/22 budget and includes the well pump procurement and installation, as well as the necessary civil site work to connect the new well to the Parr Road Water Treatment Plant. Bids were publicly opened June 8, 2022. Two (2) responsible and responsive bids were received, and the results are as follows: HP Civil, Inc. $2,690,822.20 R.L. Reimers Company $2,579,613.50 The Engineer's Estimate for the project was: $3,069,000.00 The recommended award is approximately 16% lower than the Engineer's Estimate DISCUSSION: The work to be completed under this construction contract is the second of two construction phases of the overall capital improvement project- the Parr Road Municipal Water Supply Well Project. Completed in the spring of 2021, the first phase included well drilling and well casing installation activities. Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x 28 Honorable Mayor and City Council June 27, 2022 Page 2 This second phase includes the construction of a well house, pump installation, raw waterline piping, water distribution piping, stormwater improvements, site security, and standby power. Upon completion of the second phase, the new well will provide an additional water source for the Parr Road Water Treatment Plant. The new water supply will provide much needed future water capacity to the Citizens of Woodburn as development expands throughout the City. The contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279C, and the laws and regulations of the City of Woodburn; therefore, staff is recommending the contract be awarded. FINANCIAL IMPACT: The subject project is identified in the adopted fiscal year 2021/22 Budget and funded from the Water Capital Construction Fund - 465. 29 �'I'1�r I Iii♦ r} Y 9M& Its BU Pri,,�arrt rr rf aA'!87 June 27, 2022 TO: Honorable Mayor and City Council (acting in its capacity as the Local Contract Review Board) through City Administrator FROM: Kathleen McClaskey, Transit Manager SUBJECT: Award of Contract for Transit Vehicle Purchase RECOMMENDATION: Authorize the City Administrator to purchase a Chrysler Voyager modified minivan from Creative Bus Sales for $77,000 pursuant to the ODOT vehicle procurement program. BACKGROUND: Out-of-Town Medical Transportation (OTMT) trips have risen over the past year, coinciding with the rise of in-person medical appointments that were less frequent early in the pandemic. In consideration of an increased number of trips, the City's Transit Division identified a need to replace a fleet vehicle often used in the OTMT Program. The City's fifteen year-old Chevy Uplander is the oldest modified minivan in the City's Transit fleet and has 143,600 miles. Both factors exceed the Oregon Department of Transportation's (ODOT) useful life standard of four years or 100,000 miles. In recent years, this minivan has had costly repairs, contributing to its need for replacement. DISCUSSION: Staff completed an ODOT-approved vehicle procurement process for the minivan and it was determined that the Chrysler Voyager was the best vehicle for the Transit Division's OTMT needs. It is available from Creative Bus Sales. The current minivan has seating for 4 passengers, or 3 seated passengers and 1 ADA mobility station. The Chrysler Voyager has seating for 7 seated passengers and 2 ADA mobility stations, up to 15% more cabin space, a reinforced heavy-duty swing out ramp and latch, enhanced ADA lighting package, hard wearing TPO(thermoplastic polyolefin) front, and side and rear flares to absorb minor impacts. The Chrysler Voyager will have a useful life of at least 4 years, or 100,000 miles. Agenda Item Review: City Administrator_x City Attorney_x Finance_x- 30 Honorable Mayor and City Council June 27, 2022 Page 2 A new vehicle will support the City's existing paratransit services. Additional cabin space will make out-of-town trips more comfortable for passengers. A new vehicle will also contribute to reliable transportation services and help minimize repair costs. FINANCIAL IMPACT: The purchase price for the Chrysler Voyager will not exceed $77,000. Vehicle expenditures will also include vehicle graphics estimated at$3,500 or less. The City will use ODOT-ad ministered Statewide Transportation Improvement Formula (STIF) funds and STIF Intercommunity discretionary funds (STIF IC) for the purchase. Vehicle production and delivery currently have long lead times due, in part, to pandemic-related workforce and shipping issues. Because of this, delivery and payment will likely occur in the spring of 2023. This vehicle is included in the Transit Fund's FY 22-23 budget. Attachments -Creative Bus Sales' Response to Request for Transit Vehicle Price Quote (RFQ) -Chrysler Voyager Minivan Floor Plan 31 REQUEST FOR TRANSIT VEHICLE PRICE QUOTE (RFQ) This is (check appropriate): R1 Initial Request for Quote (from Requesting Agency to Vendors) Due Date: 3125/2022 X Response to RFQ (from Responding Vendor back to Requesting Agency) Grant Funded Purchase Grant Agreement Number: STIF 35053 and STIF Formula VENDOR (Business Name): Creative Bus Sales Vendor Contact Person: Ken .farmer Phone: 503.936.,4320 Email Address: kenipereativebussales.com Alt Phone: 425.609.1600x314 X,Meets Buy America Standards (49 USC § 53230); 49 CFR part 661) REQUESTING AGENCY INFORMATION Agency: Woodburn Transit Date: March 3, 2022 Contact Person: Kathleen McClaskey Phone: (503) 982-5246 Email: Kathleen. McClaskey@cii.woodburn.or.us Fax: (503) 981-7206 Agency Address: 270 Montgomery St.Woodburn, OR 97071 Kimberly Stanchfield from Knowledge In Mobility will be assisting with this purchase process. Send all questions, correspondence, RFQ submittals to both Kimberly at Kimberiy@KnowlegeinMobirity.com and Kathleen McClaskey as listed above. The above Agency, through its Public Transit program or public transit affiliate, is requesting price quotes from Oregon State Price Agreement Contract Vendors for the purchase of the following vehicle(s): From: Oregon State Price Agreement No. of Vehicles Required: 2 PTD Vehicle Category (Check): (Please see PTD Vehicle Descriptions and Useful Life Standards) F Cat A 0 Cat B D Cat C 0 Cat D Cat E3 (select from 1 to 3) Length (can be range) <20' Regular Seats: 3-5 ADA Statio ns/Ti ed owns: 2 Fuel Type: Z Gasoline E Diesel [:] Bio-fuel E] Hybrid F CNG Ej Propane [:] Electric 7 High Floor Z Low Floor Other Comment: RFQ Updated 11/15 Page 1 of 7 32 The general specification for vehicle is as follows: A. VENDOR'S VEHICLE BASE PRICE INFORMATION VEHICLE BASE PRICE This Section to be completed by Vendor Enter base price from State Price Agreement below Vehicle Make/Model: Braun Voyager LX--Side Entry Length: Approximately 17' Fuel Type: Gasoline Floor: E] High Floor X Low Floor ether: $53,781 No. of Regular Passenger Seats: 5 + Driver No. of ADA Stations w/Tiedowns Desired: 2 Other Special Note: B. VEHICLE REQUIRED SPECIFICATIONS Requesting Agency completes Description column VENDOR RESPONSE Vendor completes "Vendor Response"columns Requesting Agency's Vendor Suggestions Required Specifications Description (related to vehicle specs) 1. Altoona Test Executive Summary Provided. 2. At the end of the RFQ are 3 required certification attachments. Theses must be returned with the RFQ Attached. response. Failure to include will render your response non-responsive. Chassis specs attached. Braun Side Entry Manual Foldout Ramp conversion includes: Full Size Spare Tire, 3. All standard specs per State Price Agreement. Key Fob, Key Blank,, Include a list of vendor provided standard specs with Front License Plate Bracket, RFQ response including all chassis specs. Rear Mud Flaps, Vinyl Seat Covers, 2nd Row 2 Pass. Foldaway Seat, 2 Belt Bags, 2 Sets of QRT Deluxe Tie Downs w/ Lap & Shoulder Belts, RFQ Updated 11/15 Page 2 of 7 33 2 OEM Seat Belt Ext., Q'Straint Lap Belt Ext. Safety Equipment Kit includes: 10 Unit First Aid Kit, 5# Fire Ext., Triangle Flare Kit, Body Fluid Clean Up Kit, Belt Cutter. 2-Way Radio Pre-Wire, Service Manual Conversion, USB Adaptor 12V, Decal—ADA Seating Notice, Decal—2 Wheelchair Securement Location. SE Provided. Power Ramp and Kneeling have 4. Side Entry Minivan with Power Ramp and Kneeling not yet been engineered on the Voyager chassis. 5. V-6 gasoline engine, 6-speed automatic Provided. transmission, or equivalent 6. External color standard white Provided. 7. Tires- radial, black sidewall, with full-size mounted Provided. Full-Size spare mounter in rear hatch spare area. 8. Cruise control, tilt steering, power windows, power Provided. door locks 9. Front& rear AC, defrost and heat Provided. 10. Two (2) ADA forward facing wheelchair securement Provided. positions 11. Two (2) sets of QRT Deluxe or equivalent wheelchair Provided. securements with mounted storage pouch or box 12. Altro grey flooring, or equivalent Provided. 13.ADA Wheelchair ramp on right side of vehicle that Manual ADA ramp provided. Power option not can be Power operated from the driver seat. yet available on the Voyager chassis. 14. ADA Interlock Provided. 15. Rear ambulatory 2 or more passenger bench seat with PPE vinyl Provided. 16. FAK, Fire Ext, and BBP Kit mounted Provided. 17. Triangle Reflector Kit—Secured to the floor Provided. 18. Seat Belt Cutter--Mounted within reach of driver Provided. RFQ Updated 11115 Page 3 of 7 34 19. Back-up camera, screen in dash Provided. 20. Pre-wire for 2 way radia_wires to terminate to right Provided. of doghouse 21. Woodburn Transit graphics or wrap, agency approval prior to installing.,-- l 22. Safety Vision (or equivalent) security camera system with 3 cameras. Include backup view monitor for the Safety'Vision Provided. rear facing camera. Purchased & installed to match existing fleet 23. Estimated delivery (mm/yr) Approximately 180 days from receipt of PO. Subtotal Cost of Required Options: $22,164 Total Vehicle Cost with All required Options: $75,945 Estimated Vehicle Privilege Tax(if billing to agency)— $352 OTE AICA Modifications are exempt from tax Please mote that if preferred options below are selected, the amount of the tax may increase due to increase in selling price. Total Vehicle Cost with All Required Options and tax: $75,297 D. VEHICLE PREFERRED OPTIONS Included in Requesting Agency's Preferred Options Description Ease Price? YES I NO Price for each additional key 1. Spare FOBS/ Keys No $130 each FOB. 3 sets are included in base. 2. Additional Set of QRT MAX belts No $440 RFQ Updated 11/1,5 Page 4 of 7 35 3. COVID Barrier(provide photos of barrier being Textile barrier offered for consideration with clear poly window and zippered opening. �! No $680 i � �i I u°II'a • � I i Subtotal Cost of Preferred Options $1,250 [digitally sighed by Kelp Kt= 1 1 JarrIvI-%Ier J�rrner Date: 2022,03.25 11 :03:47 -07'00' Vendor's Signature: Cate Seat.: Vendor's Response Back to RPQ-Please sign and date your response here. Sample Floor plan (Attach or cut-and-paste new plan here, or attach on back) r RFQ updated 11/15 Wage a of 7 36 , v pp b I , 17 VENDOR INFORMATION Vendors are strongly encouraged to submit price quotes using the format provided. Vendors should specifically note if and how they meet the above specifications and mate any differences in what has been called out above, in their price quotes. This may be done on the form, or on an attached sheet. The vehicle(s) will be purchased with funding from the Oregon Department of Transportation, Public Transit Division and the Requesting Agency, and will follow applicable Federal and State procurement guidelines. Price Quote shall be submitted to the Requesting Agency contact person named on the first page on this form. (Price Quotes may be sent by U.S. Mail, emailed, or faxed to the addresses for Requesting Agency noted on page 1 of this farm. Vendors are required to submit the following certification attachments with each Quote response: Attachment 1 —Certificate of Compliance with Bus Testing Requirement Attachment 2—Pre-Award FMVSS and Buy America Certification Attachment 3—Transit Vehicle Manufacturer(TVM)Certification (DBE) VEHICLE SELECTION INFORMATION Selection of the vehicle and successful price quote will be based on: RFQ Updated 11/15 Page 6 of 7 37 ® Lowest Cost with Required Specifications(Lifecycle costs may be considered in price determination and may affect lowest bid determination) ❑ Best Value Determination(ODOT PTD pre-approval required.) The Best Value Determination criteria are as follows: RFQ Updated 11115 Page 7 of 7 38 Introducing thp-New CommercialSi de-E:ntry 0" jAr ' ,rr ,rr r r 1 r r r �w 1 l r G✓I 'J r It on t ✓/� r rii' r �/lG�///,r//�il�i'F%�ir�y/iptr�l✓��✓rIN✓a%�/l'//1 CFTA Y AMERICA 0MPLIANT graunAbility tsraun Ability 'r- The newest addition to the BrauanAbility Commercial fleet is the Chrysler Voyager.The side-entry foldout has all the ADA-compliant features of the Dodge Caravan but with 15% more cabin space for easier maneuverability, more seating positions plus enhanced space at the toe pan to limit wear and tear.The new conversion also features durable rubber plastic compound (TPO) front and rear flares to absorb minor impacts, LED spotlight package for the ramp and cabin and easy access footrest for rear seating. •15.6% more cabin space vs, Dodge Grand Caravan • Seating for up to 7 ambulatory*; up to 2 wheelchair positions • Added space at front for wheelchair passenger footrests • Hard-wearing `PPO front and rear flares to absorb minor impacts • Reinforced, heavy-duty swing-out ramp and latch • Enhanced ADA lighting package With optional aftermarket 2nd row 2-passenger folding bench seat BUILrTo TRUST 39 voyager Commercial SidorEntry r .i /��( Standard features ti ADA, p'MVSS and CMVSS Compliant CARB approved •7-passenger vehicle(with optional aftermarket 2nd row 2-passenger folding bench seat) Lowered floor from toepan to rear axle FT TUU,. 60"floor-to-ceiling at center of van' BUY AMERICA •30"wide manual ramp with 1,000 Ib capacity and swing out feature for ambulatory access r C 0 lilt P L I A ISI T Multiple wheelchair securement locations ' 13raunAbility- One wheelchair securement 4-belt set " Manual driver and passenger side sliding door providing 56" vertical opening (ADA compliant), passenger door provides 31-1/2" in width Step-and-Roll removable front passenger seat Front passenger floor tracks _... 3-passenger bench seat at rear with folding footrest for wheelchair securement,with 60"floor-to-ceiling height TPO plastic lower body panels with integrated steps Vinyl flooring with 3/8" plascore underlayment„ a c " thermoplastic honeycomb panel subfloor ADA-compliant park interlock ADA-compliant ramp and door entrance lighting Priority seat decal and Wheelchair securement location decals Auxiliary wiring harnesses include fused circuits a Emergency rear hatch release i Easy maintenance interior trim package •1g gallon OEM fuel tank �- Optional Features •Aftermarket 2nd row 2-passenger folding bench seat E • DCCT kit • Marine grade plywood underlayment —�-- T2arrep •Additional set.of tie-down strapscapacity 1.4�a4 lb& -�--�----- AN dimensions are for refemnceonly Dimensions Door opening usable width A 31.5•' Door opening usable height(at middle of door) B 56" Interior height at center of vehicle G 60" Interior height at driver and passenger position D 60" Ramp length E 52" Ramp width(usable clear opening) F 30" Ramp angle. G 13,75" Interior floor length(behind front seat strikers) H 71" Overall interior floor length (flat area) 1 98.5" Interior width at passenger doors(doors closed) 3 64" Interior width-ramp(deployed)to optional 2-passenger seat(stowed) K 49" Ground clearance(loaded)@ GVWR lbs" L 5" Overall vehicle height(unloaded) M 81" Due to manufacturing tolerances both with the OEM vehicle and the conversion components,all dimensions may vary slightly from those shown. Ramp angle subject to 1.5 degree variance based an chassis trim level and other environmental tactors-measured with a 2SO Ib approximated wheelchair passenger load at the center of the ramp S•clearance between the break-over angle position of the vehicle exhaust pipe and level ground when loaded to capacity BUILTTO U'' ■ 40 �'I'1 r I Iii♦ r} B V' June 27, 2022 TO: Honorable Mayor and City Council (acting in its capacity as the Local Contract Review Board) through City Administrator FROM: Curtis Stultz, Public Works Director SUBJECT: Authorization of Additional $300,000 for Contract Change Orders for the 1-5 Pump Station and Force Main Upgrades project RECOMMENDATION: Authorize an additional $300,000 for this project for anticipated project change orders during the final construction stages of the 1-5 Pump Station and Force Main Upgrades Project. BACKGROUND: This project is included in the approved FY 21/22 budget and FY 22/23 budget and includes a complete upgrade to the 1-5 pump station and a new force main on W. Hayes Street between Harvard Drive and N Cascade Drive, N Cascade Drive between W Hayes Street and W Lincoln Street, and W Lincoln Street between N Cascade Drive and Cozy Way. DISCUSSION: During the force main construction activities, we had found grade conflicts with franchise utilities that were not located/anticipated during the design and utilities pothole explorations. These overages, along with the normal change orders that occur with a project of this magnitude, have created the need for additional monies for change orders that will be necessary to complete this construction project. FINANCIAL IMPACT: The subject project is identified in the adopted fiscal year 2022/2023 Budget and is funded by the Sewer Fund. Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—X- 41 OFF�r I Iii♦ r�} Ag4.-4 RRYiN � /y1 fuo.. B V' June 27, 2022 To: Honorable Mayor and City Council through City Administrator From: Chris Kerr, Community Development Director ' ', Colin Cortes, AICP, CNU-A, Senior Planner Subject: Call-Up Briefing: Planning Commission approval of a Conditional Use Permit, Design Review, Phasing Plan, & Street Exception application package for the US Market gas station and commercial office area at 2540 &2600 Newberg Hwy (OR Hwy 214) (CU 21-02, DR 21-10, EXCP 21- 05, & PP 21-01) RECOMMENDATION: Staff briefs the Council on this item pursuant to ..a'N' a„�I�va_eim f,;.eveI[aD.piar)er�„II„ „ra�.iina�..n _ II::.:��,:� Section 4.02.02. (The Council may call up this item for review if desired and, by majority vote, initiate a review of this Commission decision.) Staff recommends against call-up because a party with legal standing appealed the decision. It is from attorney David Petersen of Tonkon Torp, LLC who represents the existing ARCO and Chevron gas stations in town. The hearing date would be July 25, 2022. BACKGROUND: The Planning Commission held a public hearing on June 9, 2022 and by a vote of 4-1 approved the consolidated applications package (Type III) with the conditions recommended by staff through the "�.:II.:a�.:ff.....r: „jp_g.L.!„ published June 2, except for the two revision items described below in the "Approval with Revisions” section. Specifically, the Commission approved only site plan Option 1 and denied Option 2. (Both are illustrated below.) Images See the next few pages for an aerial photo, site plans, and building facades. Agenda Item Review: City Administrator_x_ City Attorney_x 42 Fk9 ..,...114 II ` �,�,,. !�i�G��/y I�,,�ra� i� iirr��uw��inio��2�au s✓i�,,,� ��IrS r5/��,,, � ,� .�f� r a,� I Y ,ai iik 1� w1 i County aerial (2020) with subject property outlined in green 43 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SITE SUMMARY ',�aFee-�sive .saiaa sF.r.aa acr 1L 1_V t�EA w IrvY,'i"dw M ^� orAL as=o A, VuM p kti ! '.. o AL -n.ScaFE arE �*i•f%3W US W.r --—- -¢-—- HWY 214 1 einem „�. a w � ' 1 E, I u,-nLE+�xYC� p.�ew t - - 12elmo mfElzs ,v nrsw + rw. yes y nia N p i C STORE e a �wa�•• �. i a 4,110 SF ui�vaass sr;+ p: OFFICE 1$53 SIF E..� ' ' ]ix<fzrni b'h IMYYH'4 II _ !.W � � -L. and Gacaa[v Wa cut lwi i.rG Y5C p F � WFRM PY L�A�� I Ppffi1E 91tYFU ' .• PEEA PP✓cYG45k}! 11'Y a&I I 11T— Gv� H dT .Y.M�FflO .. t; ,; a rl o-ecesc.aRailncr Le muni &. nwm s�.ws u� a; l r,,warr9r I'SiMWt`6+,�Ek„MWGI, ,,, 7-W+irrrAt W a mrn w.� lF1 AGI n�v� uIpI� F� , ys wm� m .. ' (PI H U � �/ � E erg aEb:,E ro rE �� a I Dz ", OFFICEtj 5,000 SF � ws ir,au i n+wati o- I :ems p i _...... .. �_-_ P'��aEo asp: JPLAN scnLe��..�®� T Site plan Option 7 approved by the Planning Commission (Note: Staff colored the applicant's landscaping plan) Ell, j Perspective rendering Option 1 44 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SITE SUMMARY PF-1—TY 8 SE =62120 6F.N 41 AC) TOTAL WU ING ARBA '.%3 6F. TOTAL PA+YE3 A' A =41119 6F. TOTAL LANDN"- E AREA -039 SF.055 fI ---- — ------- -------- ------•— HWY 214 — ------ pox I LlNGY_AF= EIDEIDE A I Ge,rce p>cvv. LGNp3^LF='. AREA�I I FL � A A.1Y1 I P11 RECi kll bz red n. � i W I YI6lW�EA¢GNca - E6 U yn Inl �� PJ�I�rU i FG)A36. 3 u I E dMe y �9, W 6tWl 5 5FJ \ iXP PRO`C- —'d_ v $J Isl PJ EcE r 5YrEEY1pEE lE7SHpl� r,• Irl Rs IJR�10E � rv_ \'\ \ \\,, A T I� II \ OFFICE L#fiG:APE f�#Tl+4 9848'BF 1'� I � I� \ PJ PktlNGYJJ 4"Y3 R% 4 � � 1 5'REE'I 'moi. n rasa Tt , . w 11N0.E TO,O, iWHEEL �'i ri£E5.0P. 'GLMItlE YPMFb W?c3GA�E ° sn)EHRI,:E iL 196 4P, �� 3a� £E xEx h w Tn .�� W FR".vIpEC Tb FmE67PoAN fal �I �/ rcN ct IA4MElWTS I 1 FI .+.s.E c£ CAMG,A 01%iPO a �r WWW O1� 01K=,ISMAI.FEAE'4 RIeW AaAd I w^ 1..34 4 sl5u cu swum,ITler[[ I I d I ' I W4WWO E41GLLoa. 6Nb4N?L SICEB A _ �Knu're I� svv I ur= I t I \ �yew.Lrae �c4woear€ I ik�3x3A �I �� PROPOSED II C STORE r x:6 PoE9 l81N BF `g \ Ella— �.� �Q REI6�„<,a ro R�r„�� II I I IIW I �3:5M.YlE3 I I I ^^we I f.0:8Hd19E !_,LA q! (CAPE PLAN I�SxA,.�E.I'�.30 Site plan Option 2 denied by the Planning Commission ,,,.. ........... b,s . Y -,n t � Rei'` .+� 4 4 s a` 61 y r ��1�'' ��Jf��l�`��r l��l�l��l��l r(��I ��f� j✓lG�il�,� r 4 o. rm Perspective rendering Option 2 45 TR M7,IMER �� Emil �� I IN Option 7 convenience store perspective of west facade (the 7-Eleven symbol is speculative) mummmmo°glllllll Option 1 south commercial office building perspective of north facade 46 Project Description The project involves the redevelopment of two lots totaling 1 .42 acres at the southwest corner of Newberg Highway / Oregon Highway 214 & Oregon Way into a gas station with convenience store as well as speculative commercial office area. A demolition contractor demolished the two vacant bank buildings and cleared the lots. Street Improvements There are two frontages: Newberg Highway (Oregon Highway 214) and Oregon Way. The developer may leave the highway frontage as is: 8-foot wide curb- tight sidewalk with electric power poles and overhead lines. The developer must upgrade Oregon Way street improvements from a narrow curb-tight sidewalk to a 6-foot landscape strip with trees and grass and an 8-foot wide sidewalk. There are also fees that the developer will pay: • To reduce vehicle crashes at major intersections; • In lieu of a City bus shelter and bus stop bicycle parking; • In lieu of highway street trees; • In lieu of highway sidewalk that conforms (by being behind a landscape strip); • In lieu of Oregon Way on-street parallel parking; • In lieu of tree preservation (for Significant Trees a demolition contractor had removed in May 2021); and • In lieu of burial or undergrounding of highway power lines. Buffering/Screening Specific measures to buffer unpleasant aspects of the development relative to neighbors: (1 ) An "Architectural Wall" as a buffer/screen wall along residential property; (2) Hedges and many trees in the yards along streets; (3) More landscaped islands/peninsulas with trees in parking areas; (4) Limiting exterior light fixture numbers and heights and requiring that they be full cut-off or fully shielded; (5) Prohibiting audible audiovisual advertising from sounding from fuel pump electronic display speakers; (6) Limiting any tire pump or vacuum location to minimum 100 feet north (away from Panor 360 condos), and based on noise Ordinance No. 2312, closing vacuums from 9:00 p.m. to 7:00 a.m.; 47 (7) Requiring a trash receptacle along each of the walkways leading to and from the highway and Oregon Way sidewalks, near each street, for intended use by convenience store customers and remaining privately maintained and serviced; and (8) On-site directional signage for motorists returning to 1-5. Staff and the developer have also worked to produce an upgraded site development by focusing on: a. The look and feel of street frontage for passers-by walking, cycling, and driving; b. The look and feel of yard landscaping along streets for passers-by walking, cycling, and driving as well as on-site employees and customers; c. Urban design: how close buildings are to sidewalk, how many and how large are windows, are their entrances visible from sidewalk and whether the public can see main entrances to buildings from sidewalk, and whether placements of entrances orient to those who walk or cycle no worse than to those who drive and park; d. How safely and comfortably pedestrians and cyclist can access and circulation among on-site buildings through walkways and visibly distinct crossings of drive aisles; e. Having enough on-site trash receptacles near sidewalk to lessen the likelihood of litter of yards along streets and street frontage by convenience store customers on foot; f. Avoiding excessive exterior lighting; g. Getting highway electric power poles and overhead electric power lines buried or fees in-lieu paid to fund such elsewhere in town; h. Having a mixture of evergreen trees among newly planted trees; and i. Increasing the quantity of street trees and on-site trees, and providing for fee in-lieu to fund tree plantings elsewhere in town; j. Administering Street Exception EXCP 21-05 to have the developer improve Oregon Way to be the best of the two frontages for pedestrians and cyclists in exchange for leaving the highway frontage as is or largely as is; and 48 Zoning The subject property is in the Commercial General (CG) zoning district. In the CG district, a gas station is permitted in most areas of the district but is a conditional use (CU) where it would be within 200 feet of residentially zoned property including on the subject property. Retail and commercial office are permitted. Planning Commission Approval with Revised Conditions The two Commission revisions are to: 1 . Strike allowance for the developer to refine and construct site plan Option 2, the one that the applicant had drafted because of Oregon Department of Transportation (ODOT) highway access restrictions, thereby approving only Option 1 . 2. Raise the Architectural Wall minimum height along the Panor 360 condominiums boundary (950 Evergreen Rd) from 8 to 9 feet, which is the maximum that Woodburn Development Ordinance (WDO) 2.06.02C.1 allows, and striking allowance for that wall to have upper segments of cedar wood between columns/piers. Testimony Several parties testified in opposition to the project: 1 . Michael Mills, P.O. Box 1307, Silverton, OR 97381 (applicant's attorney) 2. David Petersen, Tonkon Torp, LLC, 888 SW 5th Ave, Ste 1600, Portland, OR 97204 (attorney representing existing ARCO & Chevron gas stations) 3. Wayne Kittelson, Kittelson & Associates, Inc., 851 SW 6th Ave, Ste 600, Portland, OR 97204 (traffic consultant representing ARCO & Chevron gas stations) 4. Largo Abshere, 855 N. Cascade Dr, Woodburn, OR 97071 5. Janice Aiken, 1331 Princeton Rd, Woodburn, OR 97071 6. Carol Bettandorff, 717 N. Cascade Dr, Woodburn, OR 97071 7. Nancy Ferguson, 950 Evergreen Rd, Unit 323, Woodburn, OR 97071 8. Karen Halter, 938 Oregon Way, Woodburn, OR 97071 9. Mickey Harrison, 924 Oregon Way, Woodburn, OR 97071 10.Rebecca Hayes, 950 Evergreen Rd, Unit 205, Woodburn, OR 97071 11 .Doris Ehlen Kruse, 950 Evergreen Rd, Unit 312, Woodburn, OR 97071 12.Dorothy Monnier, 1200 Quinn Rd, Woodburn, OR 97071 13.Bobbi Reisner, 950 Evergreen Rd, Unit 221 , Woodburn, OR 97071 14.Carolyn Schindlebower, 950 Evergreen Rd, Unit 206, Woodburn, OR 97071 15.Betty Torabi, 925 Oregon Way, Woodburn, OR 97071 16.Don Zehrung, 966 Oregon Way, Woodburn, OR 97071 49 Testimony topics raised generally included concerns about: • Crime • Gas fumes smell • The homeless • Noise • Theft • Traffic • Trespass • Unsavory convenience store customers; and • Vandalism. Appeal Any of the parties with standing can appeal the Commission final decision per WDO 4.02.01 B no later than June 27, and the Council would hear an appeal (on July 25). In fact, the Council definitely will hear an appeal because staff received one on June 21 . It is from attorney David Petersen of Tonkon Torp, LLC who represents the existing ARCO and Chevron gas stations in town. The hearing date would be July 25. 50