Agenda - 01/28/2008
CITY OF WOODBURN
CITY COUNCIL AGENDA
JANUARY 28, 2008 - 7:00 P.M.
KATHRYN FIGLEY, MAYOR
WALTER NICHOLS, COUNCILOR WARD 1
RICHARD BJELLAND, COUNCILOR WARD II
PETER MCCALLUM, COUNCILOR WARD III
JAMES COX, COUNCILOR WARD IV
FRANK LONERGAN, COUNCILOR WARD V
EUDA SIFUENTEZ, COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET
6:00 PM - WORKSHOP
1. Housing Ordinance
7:00 PM - REGULAR CITY COUNCIL MEETING
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. A public hearing regarding traffic impact fees will be held on
February 11 at 7:00 pm in the City Hall Council Chambers.
B. A public hearing regarding the supplemental budget will be
held on February 11 at 7:00 pm in the City Hall Council
Chambers.
C. A public workshop regarding proposed changes to the animal
control ordinance will be held on February 19 at 7:00 pm in the
City Hall Council Chambers.
Appointments:
None.
4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
None.
"Habra interpretes oisponibles para aqueUas personas que no bablan Ingles! previo acueroo. COl11unlquese
al (503) 980-2.485:'
January 28, 2008
Council Agenda
Page i
5. COMMITTEE REPORTS
A. Chamber of Commerce
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 enacted by one motion. Any item may be removed
for discussion at the request of a Council member.
A. Woodburn City Council minutes of January 14, 2008, regular 1
and executive session
Recommended Action: Approve the minutes.
B. Woodburn Parks and Recreation Annual Board Workshop draft 14
minutes of January 8, 2008
Recommended Action: Accept the draft minutes.
C. Community Services Department Statistics for December 2007 17
Recommended Action: Receive the report.
D. Planning Project Tracking Sheet dated January 23, 2008 18
Recommended Action: Receive the report.
E. Personal Services Agreement for Mill Creek Trail Design 21
Recommended Action: Receive the report.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
None.
January 28, 2008
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. 2698 - Resolution directing that a stop sign be 24
installed on Williams Avenue at the intersection of Carol Street
Recommended Action: Adopt the resolution.
B. Council Bill No. 2699 - Resolution extending workers' 27
compensation coverage to volunteers of the City of Woodburn
Recommended Action: Adopt the resolution.
C. 2008 OLCC Renewal 31
Recommended Action: Recommend to the Oregon Liquor
Control Commission renewal of liquor licenses for the listed
businesses for the year 2008.
D. Spanish Language Classes 38
Recommended Action: Approve a budget transfer in the
amount of $750 to provide Spanish language instruction to City
Employees.
E. City Administrator Employment Agreement 40
Recommended Action: Approve, and authorize the Mayor to
execute, the Addendum to the Employment Agreement with
John C. Brown.
12. NEW BUSINESS
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.
None.
14. CITY ADMINISTRATOR'S REPORT
15. MAYOR AND COUNCIL REPORTS
16. ADJOURNMENT
January 28, 2008
Council Agenda
Page iii
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January 28, 2008
FROM:
Honorable Moyor and City Council W'
John C. Brown, City Administrator%
TO:
SUBJECT:
Housing Ordinance
RECOMMENDATION:
It is recommended the City Council approve the attached rental housing
ordinance for the purpose of discussions with rental housing representatives.
BACKGROUND:
The Council held a workshop on December 10, 2007 to discuss a draft rental
housing ordinance. Background regarding this issue is included in the staff
report for that workshop (Attachment 1).
The Council raised questions and concerns about the proposed ordinance, and
asked for a staff response on January 28, 2008. The Council sought additional
information on three issues: applicability to manufactured homes occupying
manufactured dwelling parks, occupancy limits, and basement egress windows.
These are addressed below, as are staff findings and recommendations
regarding other questions raised by the Council. Council also discussed
changes to clarify the livability standards used for enforcement, a non-
retaliation clause, clarification of terms used in the ordinance, and fee provision
modifications to eliminate charges but retain the ability to charge fees in the
future.
DISCUSSION:
The attached document reflects staff's recommendations for a rental housing
ordinance. Recommendations are based on staff's analysis of federal and
State requirements, state programs, programs in other cities, and other
applicable codes and regulations. The revised draft was written for legal
defensibility and practicality of administration. It was drafted to apply only to
rental housing, as more need appears to exist for the protections provided by
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Agenda Item Review:
City Administrator _
City Attorney _
Finance..
Honorable Mayor and City Council
January 28, 2008
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the ordinance for those who do not own their homes. It is recommended that
the Council focus exclusively on rental housing at the present time, to
implement the program within the limits of existing budgets and to establish
need, demand, workload, and cost experience. The program can be
expanded later, if needed.
Staff revised the ordinance to reflect the livability standards contained in State
tenant/landlord law. These standards provide the kind of protections the
Council seems to want, allow for reasonable flexibility in enforcement, and
should already be familiar to landlords. These protections are already available
to renters. For a variety of reasons, renters may be reluctant to raise their
housing concerns with their landlords. Because of the overlap between State
law and the proposed ordinance, staff is concerned some residents may
complain to the City before their landlord is even aware of the problem.
Substituting the City as proxy for the tenant may subject landlords to
unnecessary City regulation, will increase program costs, and ignores the
personal responsibility that renters have for their own welfare. Because tenants
may not know their rights under existing State laws, this program would include
an education component to advise tenants of the kinds of assistance that is
currently available to them. Because fear of retaliation is also a concern, staff
included a no-retaliation provision in the ordinance as was discussed at the last
Council meeting.
Regarding the specific issues for which Council sought additional information:
Manufactured Housing.
The Oregon Housing and Community Services Department addresses the
conditions of manufactured dwelling parks, and certain rented manufactured
housing stock in those parks. State involvement, however, is limited to
facilitation and mediation between park owners and tenants, and does not
address livability inside the structure. If the intention of the ordinance is to
provide protections to renters, related to livability issues, and because the State
of Oregon is not currently providing this level of protection, staff sees no reason
to draw distinctions between tenants renting stick-built or manufactured
housing. Therefore, the revised draft was modified to apply to tenants renting
manufactured housing in a manufactured dwelling park.
Honorable Mayor and City Council
January 28, 2008
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Occupancy.
While it is possible to address maximum occupancy of dwelling units as a part of
this ordinance, the occupancy standard must be "reasonable" under federal
law to avoid City liability. A memorandum from the City Attorney is attached
specifically addressing this issue. Occupancy limits in the handful of Oregon
jurisdictions that now address this issue are as follows:
OCCUPANCY L1MITATIONS*
Jurisdiction
Beaverton, Oregon
Farmworker Housing (OR-OSHA)
Hermiston, Oregon
Portland, Oregon
Tigard, Oregon
standard
1 + 1 additional resident for every 150 square feet
1 + 1 additional resident for every 100 square feet
1 + 1 additional resident for every 100 square feet
1 + 1 additional resident for every 100 square feet
1 + 1 additional resident for every 150 square feet
*Calculated based on "habitable" area, which excludes bathrooms, hallways,
closets and similar spaces.
Accordingly, staff recommends 150 square feet of habitable space per
occupant as the most restrictive enforceable standard that is consistent with
federal law.
Eqress Windows in Basements.
Occupants in a basement need a means of egress in the event that doorways
become sealed or blocked by fire. Building codes require egress windows in
basements for this reason. This is the same requirement employed, for the same
reasons, in the City subdivision standard which requires two means of
ingress/egress for each subdivision. Staff continues to recommend the
requirement for basement egress windows, as presented to the Council on
December lOth, for the safety of renters.
Other issues were also raised at your last workshop:
Honorable Mayor and City Council
January 28, 2008
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Bathrooms.
Council briefly discussed establishing requirements for the minimum number of
bathrooms in each unit. There are no such standards for new construction. And
a single bathroom properly plumbed, is physically sufficient to serve the needs of
a large number of occupants. Therefore, no provisions regarding the number of
bathrooms are recommended.
Temperature Standards.
Two temperature standards were discussed, for water and room temperature.
The 120 degree standard for hot water was questioned, as was the requirement
that space heating be sufficient to produce a temperature of 68 degrees at a
height of three feet above the floor. This latter discussion focused on the
permissibility of space heaters as primary heating source.
With respect to the water temperature standard, water heaters in new
construction must be able to heat to at least 120 degrees Fahrenheit, to provide
sufficient heat when combined with soap to sanitize eating and drinking utensils.
A higher temperature is more desirable, which is why some late-model
dishwashers come with a booster to increase water temperature. Tenant
landlord standards require "hot and cold" running water - a subjective
standard. Staff believes a specific temperature standard, sufficient to sanitize
dishes and easily measured, is preferable. Accordingly, recommended
ordinance language includes the 120 degree standard.
With respect to space heating, portable space heaters are not recommended
as an adequate primary heat source. Older space heaters or those relying on
combustible fuel can present a fire danger, and electric space heaters can
easily overload the wiring in older homes, when combined with too many other
electric appliances. Space heaters also heat only a limited space, leaving other
rooms cold. Space heaters may be an effective addition to primary heat
sources, but should not act as a replacement.
Regarding primary heat sources, it is acknowledged that older homes may have
been constructed with heating systems that are not capable of heating the
entire house to the 68 degree standard included in the first ordinance draft. It is
also acknowledged that a temperature of less than 68 degrees may be
acceptable to some, particularly if they are wearing heavy clothing.
Recognizing these circumstances, staff recommends the Council rely on the
standard imposed in landlord tenant law that requires that the unit have
Honorable Mayor and City Council
January 28, 2008
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adequate heat sources conforming to applicable law at the time of installation
and which are maintained in good working order.
Carbon Monoxide Monitorinq.
Carbon monoxide monitors are not necessary in many homes. It is questionable
whether requiring a monitoring device is within the city's jurisdiction, even if a
monitor might be beneficial. Carbon monoxide is the unburned by-product of
combustion. It should not be found in all-electric homes or those where water
heaters and central heating units are located outside the dwelling (as required
by building codes). Carbon monoxide might be present in homes with gas
ranges or clothes dryers, or wood burning stoves, but not in unhealthy amounts
or at all if those appliances are properly ventilated. The Building Official believes
requiring carbon monoxide monitors imposes a building standard which the City
may not do pursuant to building codes. Practically, it will be very difficult to
fairly impose this requirement without knowing on a unit by unit basis which units
might need a carbon monoxide monitor or not. Accordingly requirements
related to carbon monoxide monitoring are not included in the ordinance.
Other Charges.
A limited number of other changes were discussed by the Council as desirable.
Definitions of the words "approved" and "listed" as used in the ordinance were
requested. Accordingly, the revised draft includes a definition of "approved."
As "listed" was used only once in the document. The section in which it
appeared was re-written to make its meaning more clear; eliminating the need
for another definition. A modification to the judicial review section was also
requested, to include the time and location of the referenced hearing. This has
been done. And, as mentioned previously, the Council agreed to preserve the
opportunity to charge fees in the future, rather than immediately, once reliable
program cost experience is gained. The ordinance has been revised to reflect
that choice.
Finally, a "legislative findings" section was added to strengthen the ordinance.
As indicated, staff believes the attached ordinance accomplishes, to the
degree that legal defensibility allows, the goals Council discussed in its
December 10, 2007 workshop. Your approval of the draft ordinance, for the
purpose of discussions with rental housing representatives, is therefore
recommended. As indicated in December, it would be staff's intention to bring
Honorable Mayor and City Council
January 28, 2008
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back an ordinance for your final consideration within 30 days, following
meetings with those representatives.
FINANCIAL IMPACT:
Unknown at the present.
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ATTACHMENT ~
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December 10,2007
FROM:
Honorable Mayor and City Council. J!J
John C. Brown, City Administrato~V
TO:
SUBJECT:
Housing Ordinance
RECOMMENDATlQN:
Consider the attached rental housing ordinance discussion draft, and provide
direction to staff as appropriate.
BACKGROUND:
The City Council has discussed a housing ordinance during its goal setting
sessions since 2003. Although it was not added to the Council's formal list of
goals until 2007, staff indicated in earlier sessions the matter would be addressed
as time and resources permitted. The housing ordinance has been included in
City Attorney department goals since 2005-06 budget, but took a back-seat to
other more pressing matters, as it awaited administrative analysis in other
departments. The City Attorney's goals for 2007-08 provide a December 31,
2007 completion date for an ordinance.
Council's early discussions regarding a housing ordinance explored the
consensus that might exist regarding the desirability of property maintenance
regulations beyond those provided by the Dangerous Building Ordinance.
Subsequent discussions delved into protecting tenants from substandard
housing conditions due to lack of maintenance and/or structural deficiencies.
Staff was asked to review models, such as the Uniform Housing Code for the
purpose of customizing them to fit Woodburn's needs. Staff was also asked to
provide an analysis of the impact on city staff and financial resources. By
January 2007, the Council's focus was refined to structural condition.
In 2004, Building Division staff attempted to quantify the workload and fiscal
impacts of implementing a housing ordinance. They determined staff time and
city costs would depend on the scope of the program, and the difficulty
encountered in obtaining compliance from property owners. Although that
Agenda Item Review:
City Attorney
Finance
Honorable Mayor and City Council
December 10, 2007
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ATTACHMENT
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analysis was not sufficient to assist in a Council decision at that time, it remains
true that workload and fiscal impact will be determined by the scope of
enforcement.
staff has also pointed out that protections and enforcement authorities already
exist, in the form of the Dangerous Buildings Ordinance, the Nuisance
Ordinance, and Oregon tenant/landlord relations law.
DISCUSSION:
The attached ordinance was prepared relying on assumptions based on my
discussions with the City Council and staff. Those assumptions are:
. The City Council wants to insure decent housing for those who rent from
others and have little or no choice in how a structure is maintained
. Enforcement should be limited to habitable, residential, structures
. Duplication of, or overlap with, other programs should be avoided
. An ordinance should be internally consistent and consistent with other
legal authorities
. Enforcement should be conducted using Code Enforcement Officers,
City or County Building Division staff should be used as a supporting
resource
. Enforcement procedures should mirror those used to abate other
nuisances
. The financial cost of the program should be borne by its beneficiaries
Most of these assumptions are a policy choice. As I view it, however, there are
two major policy choices, beyond the fundamental question of "does a need
exist for this ordinance?" which I'll address in greater detail later in this report.
These are breadth of application and financial responsibility.
Staff examined four options for developing a housing ordinance: adopt the
Uniform Housing Code, modified to address the foregoing assumptions; adopt
the International Property Maintenance Code, modified to address the forgoing
assumptions; adopt the housing code of another City, modified to address the
foregoing assumptions; or develop an entirely new ordinance. As the first three
options can be implemented more efficiently, the last option was not pursued.
As additional background, the Uniform Housing Code (UHCI was last updated in
1997. It was superseded by the International Property Maintenance Code
(IPMC), the current version was adopted in 2006. The UHC was authored by the
Honorable Mayor and City Council
December 10, 2007
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International Conference of Building Officials (ICBO) based on the Uniform
Buildina Code (UBC). The ICBO then coordinated a code update with two
other regional organizations and developed a new set of national model codes.
This collaboration by the three major code groups resulted in the formation of
the International Code Council and the creation of the International Buildina
Code, which replaced the UBC as the predominant model building ordinance.
The IPMC is the successor to the UHC, based on the International Building Code.
The City of Woodburn has adopted the State of Oregon Structural Specialty
Code (OSSC) and the State of Oregon Residential Specialty Code (ORSC).
These codes are compatible with the International Code Council documents
established in the IBC.
The change from UHC to IPMC does not prevent Woodburn from adopting the
UHC. That the code was superseded, however, combined with other factors,
led staff to recommend a different model for a Woodburn ordinance. Those
factors can be enumerated at your request, but generally can be characterized
as inconsistencies or overlap with the WDO, and dangerous building and
nuisance ordinances; procedures that differ significantly from those utilized for
other City abatement activities; references to the UBC and Uniform Mechanical
Code that are no longer pertinent; standards higher than the OSSC and ORSC
adopted by the City, and those outside the City's authority to enforce; and
designation of responsibility to departments and officials that do not exist within
the City organization.
As successor to the UHC, the IPMC was also evaluated by staff as the model for
a housing ordinance. Factors weighing against that recommendation can also
be enumerated. In general, however, staff found the IPMC presented some of
the same kind of problems as the UHC. And it applies to all structures, not just
those used for habitation.
In its analysis of the ordinances used in other Oregon cities, staff found the same
model is being used effectiyely in Corvallis, Portland, and Tigard and applies
only to rental housing. This same model has more recently been adopted in
Eugene, where it is also being used effectively. The attached ordinance is
based on that model, modified to address Woodburn assumptions, particularly
those related to process. Staff believes the attached ordinance, when
combined with existing ordinances and State law provides the protection
contemplated by the Council, and addresses the assumption upon which it was
developed. It is presented for your consideration, discussion, and further
direction.
Honorable Mayor and City Council
December 10, 2007
Page 4
ATTAC'1fENT f I
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In summary, the ordinance:
. Provides only minimum habitability criteria, enumerating standards for:
o structural integrity
o Plumbing
o Heating
o Weatherproofing
o Chimneys
o Stairs, handrails, porches, and guardrails
o Windows
o Doors
o Smoke detectors; and
o Addressing
It:
. Applies to only, but all, rental housing in the City of Woodburn including
apartments multi-plexes and single family units
. Exempts hotels and motels; hospitals, nursing care, and medical facilities,
group homes and manufactured dwellings in a manufactured dwelling
park
. Supplements the Oregon Residential Landlord and Tenant Act
. Compliments, rather than overlaps, City Nuisance and Dangerous
Buildings ordinances
. Provides the same due process to those who are subject to enforcement,
and follows the same abatement process as other City nuisance
ordinances.
. Establishes a fee, to be imposed on the owner of each rental unit, to
recover the cost of enforcement. The fee would be updated as part of
an annually review of the Master Fee Schedule, based on preceding
year's costs.
If adopted, staff proposes to administer this ordinance on a complaint-driven
basis, using code enforcement staff as the primary contact. Depending on
complexity of a case, building division staff, or the county building division staff,
might serve as technical resources. The number of complaints to be addressed
each year is unpredictable. It is the experience in other jurisdictions, however,
that enforcement activities will tail off as landlords become more familiar with
their responsibilities and as problems are corrected.
Beyond the fundamental question of "is there a need for this ordinance," are
the questions of how broadly should the ordinance be applied - all buildings, all
residential structures whether owner occupied or rented, or only to rental units -
Honorable Mayor and City Council
December 10, 2007
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and should the beneficiaries be required to support the cost of enforcement
actiyities.
Staff recommends the Council limit applicability to rental units only, as tenants
may have little or no control over how a property is maintained. This limitation
would allow owner/occupiers to exercise their choice to live in poorly
maintained structures, a choice that affects neighbors and the surrounding
neighborhood. Limiting enforcement to rental units facilitates the imposition of
program charges to beneficiaries. Imposition of a property-based charge to all
residential units in the City is problematic; an assessment placed on rental
businesses is far less so.
While improving the condition of our rental housing stock benefits the entire
community, the primary beneficiary of this program is the resident. Accordingly,
staff also recommends the Council assess a charge for each rental unit. This
would be a charge to the landlord, to support the cost of the program. The
charge would, presumably, be passed on to the tenant in the form of a rental
assessment. The program will be conducted to control costs, which will be
accounted for each year. It is proposed that the initial assessment be adjusted
annually, to recover the previous year's costs of operation.
A nominal amount of between $5 and $8 per unit is suggested as a starting
point, which might generate between $10,000 to $15,000 in the first year, based
on a loosely estimated 2,000 rental units. Such a sum might be sufficient, if the
number of cases is low, and compliance is quickly obtained. More complicated
cases, on the other hand, such as those requiring adjudication, would easily
consume such sums.
The attached ordinance and this report are intended to prompt additional
discussion regarding the policy considerations identified in this report. If the
Council wants to proceed with the attached ordinance, it is recommended staff
be given the opportunity to review the document with our landlord and
apartment manager community partners, before an ordinance is adopted.
FINANCIAL IMP ACT:
As previously indicated, the fiscal and workload impacts of this program are
difficult to predict. A complaint driven program will help contain costs by
limiting the number of open cases. The amount of time needed to bring each
case to closure will vary. Based on our Code Enforcement experience,
however, it is expected that most property owners will remedy deficiencies
Honorable Mayor and City Council
December 10, 2007
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when they are notified. Rather than attempt to predict the budgetary
requirements for this program, if the Council chooses to implement the program,
it is recommended that no budgetary or staffing adjustments be made at the
present time. It is recommended that the program be allowed to operate for a
year, before any adjustments are made. It is recommended, however, that fees
become effective with the adoption of the ordinance, to reduce impact to the
general fund.
MEMO
FROM THE WOODBURN CITY ATTORNEY
TO:
Mayor and Council
John C. Brown, City Administrator
FROM:
N. Robert Shields, City Attorney
DATE:
January 25, 2008
RE:
Occupancy Standard
Background
Staff presented a Rental Housing Ordinance to Council in a December 10, 2007
workshop. The ordinance was extensively discussed and will be addressed again by
Council in a January 28,2008 workshop. The ordinance sets a maximum occupancy
limit of "one resident, plus one additional resident for every 150 square feet or portion
thereof of floor area of the habitable rooms of the dwelling unit.
A significant amount of litigation has occurred throughout the United States concerning
municipal occupancy limits. Federal law governs the legal parameters in this area. The
purpose of this memo is to supplement the City Administrator's Staff Report and provide
Council an overview of the governing law. I will also be available at the workshop to
answer your questions.
A Municipal Occupancy Limit must be "Facially Reasonable"
Federal courts have consistently ruled that the setting of municipal occupancy limits
involves two "protected classes" - race (i.e., statistically, certain races have larger
families) and familial status (i.e., whether a family has children).
More specifically, the Fair Housing Act requires that municipal occupancy standards be
facially "reasonable." This means that the text of the ordinance itself (as opposed to the
manner in which the ordinance is applied) must be reasonable. What standard is
considered "reasonable" has been determined by the position of the federal Department
of Housing and Urban Development (HUD).
HUD's position has been that an occupancy standard that is not more restrictive than "a
minimum gross floor area of not less than 150 for the first occupant and 100 square feet
for each additional resident" is considered a "safe harbor" under the Fair Housing Act.
For a municipality to deviate from this "safe harbor" would require, at a bare minimum, a
professional study supporting why it believes a more restrictive standard is "reasonable."
Mayor and Council
John C. Brown
January 25,2008
Page 2
Even with such a study, a more restrictive standard would be difficult to justify given
HUD's position and the occupancy standards set by the State of Oregon and other Oregon
cities (see City Administrator's Staff Report). If a federal court found a more restrictive
standard "unreasonable" and that the City violated the Fair Housing Act, the City could
be liable for the payment of damages and attorney fees.
A Municipal Occupancy Limit must also be "Reasonable as Applied"
In addition to the "facially reasonable" requirement, federal law requires that any
municipal occupancy limit be applied (i.e., enforced) in non-discriminatory manner. The
town of Cicero, Illinois, for example, was sued by the federal government under the Fair
Housing Act. The complaint alleged both that the adopted occupancy limit was "unduly
restrictive" and that city officials were enforcing the ordinance "with the objective of
preventing, or discouraging, Hispanic families with children from becoming residents of
the town." A copy of the federal government's complaint filed against Cicero is attached.
The case against the town of Cicero was settled by Cicero entering into a Consent Decree
agreeing to pay compensation and make changes in its city requirements.
Attachment: Complaint
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
ATTACHMENT i
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UNITED STATES OF AMERICA,
Plaintiff,
v.
Civil Action No. 93C-1805
Judge Zage1
TOWN OF CICERO, ILLINOIS;
CICERO BOARD OF TRUSTEES;
BETTY LOREN, RUSSELL SPIREK,
RICHARD SMETANA, FRANK
MALTESE, LEO FREDERICK,
JOHN KOCIOLKO, JOSEPH
DE CHICIO, and GERALD
RESNICK, in their capacities
as members of Cicero's
Board of Trustees,
Defendants.
COMPLAINT
The United States of America alleges:
1. This action is brought by the United States to enforce the provisions of Title VIII of the Civil
Rights Act of 1968 (the Fair Housing Act), as amended by the Fair Housing Amendments Act of
1988,42 U.S.C. SS 3601, et seq.
2. This Court has jurisdiction over this action under 28 U.S.C. S 1345 and 42 U.S.C. S 3614.
3. The Town of Cicero, Illinois ("Town"), is a political subdivision established and operated as a
municipal corporation under the laws of the State of Illinois. It is located in Cook County, within
the Northern District of Illinois. The Town's eastern and northern boundaries border directly on
the City of Chicago.
4. The Town of Cicero is governed by a Board of Trustees consisting of eight members, including
the Town President. Defendant Betty Loren is the interim Town president and a member of the
Cicero Board of Trustees. Defendants Russell Spirek, Richard Smetana, Frank Maltese, Leo
Frederick, John Kocio1ko, Joseph De Chicio, and Gerald Resnick are members of the Cicero
Board of Trustees. These persons are named as defendants in their capacities as Town Trustees.
5. Defendant Gerald Resnick is also the Building Commissioner ofthe Town of Cicero. In that
capacity, he is responsible for enforcing certain laws, ordinances, and regulations relating to the
use and occupancy of buildings, including residential dwellings, located within the Town
boundaries.
ATTACHMENT
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6. At the time of the 1970 Census, the Town of Cicero had a total population of66,058. Virtually all
of the Town's population at that time was white and non-Hispanic. The Census counted only 5
black persons and 917 persons of Spanish origin.
7. The 1980 Census revealed that additional black persons and persons of Spanish origin had moved
into the Town of Cicero. The Census counted 61,232 persons, of whom approximately 61 (.1
percent) were black, and of whom 5,271 (8.6 percent) were of Spanish origin.
8. The 1990 Census revealed a substantial increase since 1980 in the Hispanic population of the
Town of Cicero. In 1990, the Town had a total population of 67,436, of whom 24,931 (37 percent)
were Hispanic, and of whom 141 (.2 percent) were black. Since the 1990 Census, the influx of
Hispanic families into the Town has continued, and a substantial majority of families seeking to
move into the Town since the Census have been Hispanic. Real estate professionals estimate that,
in 1992, prior to the discriminatory actions challenged in this lawsuit, approximately 80 percent of
persons purchasing residential dwellings within the Town have been Hispanic.
9. Defendants have been aware of the demographic changes described above. Defendants believe
that Hispanic families have a larger number of children than white families and that Hispanic
households are accordingly larger than white families. Acting on this belief, the defendants, on
December 23, 1991, sought to exclude these Hispanic families from residence in the Town by
enacting an ordinance that limits the number of persons who may occupy a residential dwelling
based on the size of the dwelling.
10. The occupancy ordinance requires a minimum of 200 square feet of space for the first occupant
and 150 square feet of space for each additional occupant, and it excludes certain portions of a
dwelling in this space calculation formula. The ordinance is unduly restrictive -- more restrictive
than model codes utilized in most areas of the country -- and most applications do not permit the
normal use for which a dwelling was intended. For example, in many applications the Town does
not permit two persons for each bedroom in a dwelling.
11. While the ordinance was enacted in December of 1991, the Town did not begin to enforce the
ordinance strictly until November of 1992. The occupancy requirements are enforced only against
persons purchasing residential dwellings within the boundaries of the Town. The purpose and
effect of this enforcement scheme is to ensure that the restrictive standard is not applied to
existing residents of the Town, a majority of whom are non-Hispanic and white.
12. Through the enforcement of the occupancy ordinance, the defendants have begun to achieve their
objective of preventing, or discouraging, Hispanic families with children from becoming residents
of the Town. The defendants have refused to issue the necessary approval for occupancy of
dwellings by a number of Hispanic families who have contracted to purchase dwellings within the
Town. In each instance, the defendants relied on the occupancy ordinance to exclude a Hispanic
family with children even though the dwelling was large enough to accommodate the family. On
information and belief, all or nearly all of the potential purchasers who have been prohibited from
purchasing a dwelling in the town because of this ordinance have been Hispanic families with
children.
13. The defendants' enactment and enforcement of the occupancy standards as described above has
made housing unavailable because of national origin, and also constitutes discrimination in terms,
ATTACHMENT
Page --1- of L.\
conditions, or privileges of sale or rental of dwellings because of national origin, in violation of
Section 804(a) and Section 804(b) ofthe Fair Housing Act, 42 V.S.C. {3604(a) and 42 V.S.C.
{3604(b).
14. The defendants' enactment and enforcement ofthe occupancy standards as described above has
made housing unavailable because of familial status, and also constitutes discrimination in terms,
conditions, or privileges of sale or rental of dwellings because of familial status, in violation of
Section 804(a) and Section 804(b) of the Fair Housing Act, 42 V.S.C. {3604(a) and 42 US.C.
{3604(b ).
15. The conduct of the defendants constitutes:
a. A pattern or practice of resistance to the full enjoyment of rights secured by Title VIII of the
Civil Rights Act of 1968 (the Fair Housing Act), as amended by the Fair Housing
Amendments Act of 1988,42 US.C. ~~ 3601, et seq.; and
2. A denial to a group of persons of rights granted by Title VIII of the Civil Rights Act of
1968 (the Fair Housing Act), as amended by the Fair Housing Amendments Act of 1988, 42
V.S.C. ~~ 3601, et seq., which denial raises an issue of general public importance.
16. The defendants' discriminatory practices have caused injury to persons seeking to purchase, sell,
or occupy residential dwellings within the Town and also to real estate professionals involved
with such transactions. Such aggrieved persons are entitled to be compensated by defendants for
the injuries caused by the discriminatory conduct.
17. The defendants' conduct was intentional, willful, and taken in disregard of the rights of others.
WHEREFORE, the Vnited States prays that the Court enter an ORDER that:
1. Declares that the discriminatory practices of the defendants as described herein violate the Fair
Housing Act, as amended, 42 V.S.C. ~~ 3601, et seq.;
2. Enjoins the defendants, their agents, employees, and successors, and all other persons in active
concert or participation with them from continuing to discriminate on account of national origin or
familial status in violation of 42 V.S.C. ~~ 3601, et seq.;
3. Requires such actions by the defendants as may be necessary to restore all persons aggrieved by
defendants' discriminatory housing practices to the position they would have occupied but for
defendants' discriminatory conduct;
4. Awards such damages as would fully compensate aggrieved persons for damages caused by the
defendants' discriminatory conduct, pursuant to 42 V.S.c. ~ 3614(d)(1)(B);
5. Awards each person aggrieved by defendants' discriminatory housing practices punitive damages
because of the intentional and willful nature of the defendants' conduct, pursuant to 42 V.S.C. ~
3614(d)(I)(B); and
6. Assesses a civil penalty against the defendants in an amount of money authorized by 42 US.C. ~
3614(d)(1)(C), in order to vindicate the public interest.
ATTACHMENT
Page~of ~
The United States further prays for such additional relief as the interests of justice may require.
Janet Reno
Attorney General
James P. Turner
Acting Assistant Attorney General
Paul F. Hancock
Chief, Housing and Civil Enforcement Section
Isabelle M. Thabault
Cheryl L. Ziegler
David G. Lubben
Attorneys
Housing and Civil Enforcement Section
Civil Rights Division
United States Department of Justice
P.O. Box 65998
Washington, D.C. 20035-5998
(202) 514-8033
Fred Forman
United States Attorney
Michele M. Fox
Assistant United States Attorney
219 S. Dearborn Street
14th Floor
Chicago, IL 60604
(312) 886-9085
DISCUSSION DRAFT 3
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE REGULATING RENTAL HOUSING; PROVIDING FOR
ADMINISTRATION AND ENFORCEMENT; AND SETTING AN EFFECTIVE DATE.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Title. This Ordinance shall be known as the "Woodburn Rental
Housing Ordinance."
Section 2. Leaislative Findinas.
A. The City Council finds that a safe, decent place to live is a basic
necessity that enables families to meet other basic necessities and save for their
future
B. The City Council further finds there are a growinq number of
residential rental properties within the City, and that many of these properties
are in a declining state of maintenance.
C. The City Council further finds that inadequate maintenance directly
affects the health, life, safety and welfare of the residents of the City of
Woodburn and impacts the health and vitality of the surroundinq neighborhood
and the City as a whole.
D. The City Council further finds that it is necessary to adopt this
Ordinance so that rental housing in the City is maintained in a qood, safe, and
sanitary condition and does not create a nuisance or blighted conditions to its
surroundings.
E. The City Council further finds that the adoption of this Ordinance is
a reasonable method of insuring suitable housing, safe and viable
neiqhborhoods and a healthy City.
Section 2~. Purpose. The purpose of this Ordinance is to provide
minimum habitability criteria to safeguard health, property and public welfare of
the owners, occupants and users of residential rental buildings.
Section 3~. State of Oreaon Residential Landlord and Tenant Act. This
Ordinance is intended to supplement and not conflict with the habitability
standards of the Oregon Residential Landlord and Tenant Act.
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ORDINANCE NO.
DISCUSSION DRAFT 3
Section 4~. Scope.
A. Except as described below, these standards shall apply to rental
housing located within the City.
B. Notwithstanding subsection 4A-5A and consistent with the Oregon
Residential Landlord and Tenant Act, the following are exempted from the
application of this Ordinance:
1. Hotels, motels and lodging houses;
2. Hospitals and other medical facilities;
3. Nursing care facilities as defined In the Woodburn
Development Ordinance;
4. Group homes and group care facilities as defined In ORS
Chapter 443; and
5. Manufactured d'Nellings located in a manufactured dvvelling
park that existed on tho data of this ordinanco.
Section 6. Complaints. A complaint under this Ordinance shall be
submitted in writing on a form provided by the City and shall include the
following:
A. The name of the person filing the complaint.
B. The name of the landlord.
C. The address of the alleged violation.
D. A description of the alleoed violation.
E. Proof that reasonable efforts were made to provide the landlord
with written notice of the alleqed violation.
Section iI. Definitions. For purposes of this Ordinance, the following
definitions shall apply:
Apartment House. Any building or portion of a building containing three
or more dwelling units, which is designed, built, rented, leased, let, or hired out to
be occupied for residential living purposes.
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ORDINANCE NO.
DISCUSSION DRAFT 3
Approved. Acceptable to the code official or authority having
iurisdiction.
Building Code. The currently adopted edition of the State of Oregon
Structural Specialty Code and Residential Specialty Code.
Dwelling Unit. A single unit providing complete independent living
facilities for one or more persons including provisions for living, sleeping, eating,
cooking, and sanitation. For purposes of this Ordinance, where portions of a
residential building are occupied under separate rental agreements, but
tenants share eating, cooking, and/or sanitation facilities, each portion under a
separate rental agreement shall be considered a dwelling unit.
Enforcement Officer. A police officer, code enforcement officer or other
city official authorized by the City Administrator to enforce this Ordinance.
Habitable Room. Any room used for sleeping, living, cooking or dining
purposes, but excluding closets, pantries, bath or toilet rooms, hallways,
laundries, storage spaces, utility rooms and similar spaces.
Landlord. The owner, lessor, or sublessor of a dwelling unit.
Mechanical Code. The currently adopted edition of the State of Oregon
Mechanical Specialty Code.
Owner includes a mortgagee in possession and means one or more
persons, jointly or severally, in whom is vested: (a) all or part of the legal title to
property; or (b) all or part of the beneficial ownership and a right to present use
and enjoyment of the premises.
Person. Any natural person, firm, partnership, association or corporation.
Rental Agreement. All agreements, written or oral, concerning the use
and occupancy of a dwelling unit and premises.
Rental Housing. A dwelling unit which IS the subject of a rental
agreement.
Section &~. Standards.
A. Structural Intearity. Roofs, floors, walls, foundations and all other
structural components shall be capable of resisting any reasonable stresses and
loads to which these components may be subjected. Structural components
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ORDINANCE NO.
DISCUSSION DRAFT 3
shall be of materials allowed or approved at the time of construction by the
Building Code.
B. Plumbinq.
1. Plumbing systems shall be installed and maintained in a safe
and sanitary condition and shall be free of defects and leaks.
2. Every plumbing fixture or device shall be properly connected
to a public or an approved private water system and to a public or an
approved private sewer system.
3. All sinks, lavatory basins, bathtubs and showers shall be
supplied with both hot and cold running water and have a water pressure of at
least 15 psi. Every dwelling unit shall be supplied with water heating facilities
which are installed in an approved manner, properly maintained, and properly
connected with hot water lines to all required sinks, lavatory basins, bathtubs
and showers. Water heating facilities shall be capable of heating water enough
to permit an adequate amount of water to be drawn at every required facility
at a temperature of at least 120 degrees at any time needed.
4. In every dwelling unit all plumbing or plumbing fixtures shall
be:
(a) Properly installed, connected, and maintained in good
working order;
(b) Capable of performing the function for which they are
designed; and
(c) Installed and maintained so as to prevent structural
deterioration or health hazards.
C. Heating.
1. Adequate heating facilities which conform to the applicable
law at the time of installation and maintained in good working orderThoro shall
be a permanently installed heat source with the ability to provide a room
temperature of 68 degrees Fahrenhoit throo foot abovo tho floor, measured in
the approximate center of the room, in all habitablo rooms.
2. ,\11 hoating dovicos or appliancos shall bo of an approved
~
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ORDINANCE NO.
DISCUSSION DRAFT 3
J2. Portable heating devices may not be used to meet the
dwelling heat requirements of this Code.
4. Ventilation for fuel burning heating appliances shall be as
required by tho Mechanical Code.
D. Weatherproofing.
1 . Roofs, exterior walls, windows and doors shall be maintained
to prevent water leakage into living areas which may cause damage to the
structure or its contents or may adversely affect the health of an occupant.
2. The roof shall be structurally sound, tight, and have no
defects which might admit rain. Roof drainage shall be adequate to prevent
rainwater from causing dampness in the walls or interior portion of the building
and shall channel rainwater in an approved manner to an approved point of
disposal.
E. Chimneys. Every masonry, metal, or other chimney shall remain
adequately supported and free from obstructions and shall be maintained in a
condition which ensures there will be no leakage or backup of noxious gases.
Every chimney shall be reasonably plumb. Loose bricks or blocks shall be
rebonded. Loose or missing mortar shall be replaced. Unused openings into the
interior of the structure must be permanently sealed using approved materials.
F. Stairs and Porches. Every stair, porch, and attachment to stairs or
porches shall be so constructed as to be safe to use and capable of supporting
the loads to which it is subjected and shall be kept in sound condition and good
repair, including replacement as necessary of flooring, treads, risers, and
stringers that evidence excessive wear and are broken, warped, or loose.
G. Handrails and Guardrails. Every handrail and guardrail shall be
firmly fastened, and shall be maintained in good condition, capable of
supporting the loads to which it is subjected, and meet the following
requirements:
1. Handrails and guardrails required by building codes at the
time of construction shall be maintained or, if removed, shall be replaced.
2. Where not otherwise required by original building codes,
exterior stairs of more than three risers which are designed and intended to be
used as part of the regular access to the dwelling unit shall have handrails.
Interior stairs of more than three risers shall have handrails. When required
Page 5 - COUNCIL BILL NO.
ORDINANCE NO.
DISCUSSION DRAFT 3
handrails are installed they shall be installed so that they meet the applicable
building code requirements in effect at the time this work is being performed.
3. Where not otherwise required by original building codes,
porches, balconies or raised floor surfaces located more than 30 inches above
the floor or grade below shall have guardrails. Open sides of stairs with a total
rise of more than 30 inches above the floor or grade below shall have guardrails.
When required guardrails are installed, they shall be installed so that they meet
the applicable building code requirements in effect at the time this work is
being performed.
H. Windows.
1. Every habitable room shall have at least one window facing
directly to an exterior yard or court. The minimum total glass area for each
habitable room shall be 6.8 percent of the room's floor area, except for
basement rooms where the minimum shall be 5 percent. The exception for
basement windows shall not apply where any occupancy has been changed
or increased contrary to the provisions of this Ordinance.
2. Every habitable room shall have at least one window that
can be easily opened or another approved device to adequately ventilate the
room. Except where another approved ventilation device is provided, the total
openable window area in every habitable room shall be equal to at least one-
fortieth of the area of the room.
3. Every bathroom and toilet compartment shall be provided
with light and ventilation, except that no window shall be required in bathrooms
or toilet compartments equipped with a ventilation system.
4. Each sleeping room shall be provided with a window for
emergency escape or rescue. The window shall have a sill height of no more
than 44 inches above the floor or above an approved, permanently installed
step. The step must not exceed 12 inches in height and must extend the full
width of the window. The top surface of the step must be a minimum of six feet
from the ceiling above the step.
5. Windows in sleeping rooms that are provided to meet
emergency escape or rescue requirements shall have a minimum net clear
opening of at least 20 inches wide, at least 22 inches high, and, if constructed
after July 1, 1974, at least five square feet in area.
6. Every window required for ventilation or emergency escape
shall be capable of being easily opened and held open by window hardware.
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ORDINANCE NO.
DISCUSSION DRAFT 3
Any installed storm windows on windows required for emergency escape must
be easily openable from the inside without the use of a key or special
knowledge or effort.
7. All windows within ten (10) feet of the exterior grade that
open must be able to be securely latched from the inside as well as be
openable from the inside without the use of a key or any special knowledge or
effort. This same requirement shall apply to all openable windows that face
other locations that are easily accessible from the outside, such as balconies or
fire escapes, regardless of height from the exterior grade.
8. Every window shall be substantially weather-tight, shall be
kept in sound condition and repair for its intended use, and shall comply with
the following:
(a) Every window sash shall be fully supplied with glass
windowpanes or an approved substitute without open cracks and holes.
(b) Every window sash shall be in good condition and fit
weather-tight within its frames.
(c) Every window frame shall be constructed and
maintained in relation to the adjacent wall construction so as to exclude rain as
completely as possible and to substantially exclude wind from entering the
dwelling.
I. Doors.
1 . Every dwelling or dwelling unit shall have at least one door
leading to an exterior yard or court, or in the case of a two-family dwelling or
apartment, to an exterior yard or court or to an approved exit. All such doors
shall be openable from the inside without the use of a key or any special
knowledge or effort. All screen doors and storm doors must be easily openable
from the inside without the use of a key or special knowledge or effort.
2. In apartment houses, exit doors in common corridors or other
common passageways shall be openable from the inside with one hand in a
single motion, such as pressing a bar or turning a knob, without the use of a key
or any special knowledge or effort.
3. Every door to the exterior of a dwelling unit shall be equipped
with a lock designed to discourage unwanted entry and to permit opening from
the inside without the use of a key or any special knowledge or effort.
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ORDINANCE NO.
DISCUSSION DRAFT 3
4. Every exterior door shall comply with the following:
(a) Every exterior door, door hinge, door lock, and strike
plate shall be maintained in good condition.
(b) Every exterior door, when closed, shall fit reasonably
well within its frame and be weather-tight.
(c) Every doorframe shall be constructed and maintained
in relation to the adjacent wall construction so as to exclude rain as completely
as possible, and to substantially exclude wind from entering the dwelling.
5. Every interior door and doorframe shall be maintained in a
sound condition for its intended purpose with the door fitting within the
doorframe.
J. Smoke Detectors. Smoke detectors sensing visible or invisible
particles of combustions or alarms shall be required in all buildings where a room
or area therein is designated for sleeping purposes either as a primary use or use
on a casual basis. Smoke detectors or alarms shall be installed in each sleeping
room or area, in the immediate vicinity of the sleeping rooms and on each
additional story of the dwelling, including basements and attics with habitable
space. All detectors or alarms shall be approved, shall be installed in
accordance with the manufacturer's instructions, shall plainly identify the testing
agency that inspected or approved the device, and shall be operable.
K. Display of Address Number. All dwelling units shall have address
numbers posted in a conspicuous place so they may can be read from the
listed street or public way. The aAddress numbers posted shall be the same as
the number those appearinqH5fe.Ei on the County Assessment and Taxation
Records for the property. Units within apartment houses shall be clearly
numbered, or lettered, in a logical and consistent manner.
L. Overcrowding. No dwelling unit shall be permitted to be
overcrowded. A dwelling unit shall be considered overcrowded if there are
more residents than one resident, plus one additional resident for every 150
square feet or portion thereof of floor area of the habitable rooms in the
dwelling unit.
Section 72.. Abatement Notice. Whenever a violation of this Ordinance is
found to exist within the corporate limits of the city and the enforcement officer
elects to proceed by abatement, the enforcement officer shall give written
notice, by a type of mail that requires a signed receipt, to the landlord of the
property upon which the violation exists.
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ORDINANCE NO.
DISCUSSION DRAFT 3
Section 810. Abatement. Upon receipt of the notice that a violation exists,
the landlord shall have thirty (30) days to abate the violation.
Section -9-11. Notice Reauirements. The notice to abate the violation shall
contain the following:
A. An order to abate the violation within thirty (30) days;
B. The location of the violation;
C. A description of what constitutes the violation;
D. A statement that if the violation is not abated within the prescribed
time, the City will seek civil penalties under this Ordinance; and
E. A statement that a person who is dissatisfied with the abatement
notice has the right to judicial review under this Ordinance.
Section -1-012. Reauest for Judicial Review. The landlord may file a
written request for judicial review in the Woodburn Municipal Court within ten
(10) days of the date that the notice to abate was mailed.
Section ++13. Reauirements for Reauest. The request for judicial
review need not be in any particular form, but should substantially comply with
the following requirements:
A. Be in writing;
B. Identify the place and nature of the alleged violation;
C. Specify the name and address of the landlord seeking judicial
review; and
D. Identify the enforcement officer alleging that a violation exists.
A copy of the notice request for iudicial review shall be served on the
enforcement officorWoodburn City Attorney's office.
Section +214.
Schedulino of Judicial Review.
A. The judicial review hearing shall be held within ten (10) days after
the request for judicial review is made. The day may be postponed by:
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ORDINANCE NO.
DISCUSSION DRAFT 3
1 . Agreement of the parties; or
2. Order of the court for good cause.
B. After a hearing is scheduled, t+he court shall promptly notify the
parties as to the time and location of the hearing.~
1. The landlord; and
2. The enforcement officer.
Section +315. Judicial Review Hearinc. At the judicial review hearing
the City and the landlord shall have the right to present evidence and witnesses
and to be represented by legal counsel at their own expense. After due
consideration of pertinent information and testimony, the court shall make its
findings. The findings shall be based on substantial evidence and shall be final.
Section l4JA. Notification of Violation. The landlord shall be notified
by a type of mail that requires a signed receipt postmarked no later than five
days after the findings are entered by the court or by personal delivery by a
representative of the City. Upon notification of violation, the landlord shall have
30 days to abate the violation.
Section +61Z.
Enforcement.
A. Inspection and Riqht of Entrv. When necessary to investigate a
suspected violation of this Ordinance, the enforcement officer may enter on
any site or into any structure open to the public for the purpose of investigation,
provided entry is done in accordance with law.
B. Civil Infraction. In addition to, and not in lieu of any other
enforcement mechanisms, a violation of any provision of this Ordinance
constitutes a Class I Civil Infraction which shall be processed according to the
procedures contained in the Woodburn Civil Infraction Ordinance.
C. Civil Proceedinq Initiated by City Attorney. The City Attorney, after
obtaining authorization from the City Council, may initiate a civil proceeding on
behalf of the city to enforce the provisions of this Ordinance. This civil
proceeding may include, but is not limited to, injunction, mandamus,
abatement, or other appropriate proceedings to prevent, temporarily or
permanently enjoin or abate any violations of this Ordinance.
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ORDINANCE NO.
DISCUSSION DRAFT 3
Section18. Prohibition on Retaliatory Conduct by Landlord. No landlord
may terminate a tenancy, increase rent, decrease services or refuse to renew a
lease or tenancy because a tenant has in good faith:
A. Filed a complaint under this Ordinance; or
B. Requested the landlord to make repairs to a premises as required
by this Ordinance; or
C. Provided information or testified In any proceedinq involvinq the
enforcement of this Ordinance.
Section UJ1.. Separate Offenses. Each day during which a violation
of this Ordinance continues shall constitute a separate offense for which a
separate penalty may be imposed.
Section +720. Fee.
A. For the purpose of offsetting costs to the City association associated
with the enforcement of this Ordinance, the City Council map impose an
annual fee is imposed by the City Council for each dwelling unit covered by a
rental agreement and include the fee in the Woodburn Master Fee Schedule.
B. The fee for year 2007 ~shall be $_ per dwelling unit.
C. This fee shall be evaluated on an annual basis and may be
adjusted by the City Council and included in the Woodburn Master Fee
Schedule based upon the costs incurred by enforcement and administration of
this Ordinance.
Ga. The following unit types, while subject to the standards,
enforcement procedures, and other requirements established in this Ordinance,
shall be exempt from fee payment requirements:
1. Rentals with a recorded deed restriction requiring the units to
be rented affordably to households at or below 50% of the Area Median
Income;
2. Rentals under contract with a public agency that requires the
rental to be inspected at least annually and verifies that the dwelling is rented to
a low income household; and
3. Rentals designated as senior or disabled housing by a public
agency.
Page 11 -COUNCIL BILL NO.
ORDINANCE NO.
DISCUSSION DRAFT 3
€C. The landlord is responsible for paying the annual fee upon written
request.
FD. The failure of the landlord to pay the fee constitutes a violation of
this Ordinance.
Section l821. Severability. If any section, paragraph, subdivision,
clause, sentence, or provisions of this Ordinance shall be adjudged by any court
of competent jurisdiction to be unconstitutional or invalid, such judgment shall
not affect, impair, invalidate, or nullify the remainder of the title, but the effect
thereof shall be confined to the section, paragraph, subdivision, clause,
sentence or provision immediately involved in the controversy in which such
judgment or decree shall be rendered, it being the intent of the governing body
to enact the remainder of this Ordinance notwithstanding the parts to be
declared unconstitutional and invalid.
Section +9-22.
Effective Date. This Ordinance shall be effective on
Approved as to form:
City Attorney
Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 12 -COUNCIL BILL NO.
ORDINANCE NO.
SA
COUNCIL MEETING MINUTES
JANUARY 14,2008
TAPE
READING
0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, JANUARY 14,2008.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0010 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present
Present
Present
Present
Present (7:01 pm)
Staff Present: City Administrator Brown, City Attorney Shields, Assistant City
Administrator Stevens, Police Chief Russell, Acting Public Works Director Rohman,
Community Development Director Allen, Finance Director Gillespie, Community
Services Director Row, Recreation Services Manager Spence, City Recorder Tennant
0030 ANNOUNCEMENTS.
A) Woodburn Public Library will be closed on January 18,2008 for in-house training.
B) Martin Luther King Holiday: City Hall and the Library will be closed on Monday,
January 2P\ in observance of the holiday. The Aquatic Center will be open with regular
hours.
C) City Council Workshop regarding the housing code will be held on January 28,
2008, 6:00 p.m., in the City Hall Council Chambers.
0052 City Administrator Brown introduced Terrie Stevens as the City's new Assistant City
Administrator who began working for the City on January 2, 2008. He stated that her
most recent position was a Human Resource Manager for the County of Riverside,
California, however, she also has five years of general management experience in the
health care industry and two years as a consultant. With her background in human
resources, she will be an excellent addition to the City staff.
Mayor Figley extended her welcome to Ms. Stevens and encouraged the Councilors to
meet with her whenever they have some time available.
0096 PRESENTATION: COMMUNITY CENTER FEASIBILITY STUDY.
Community Services Director Row stated that the City has been working on a new
Community Center for several years and bond issues, both unsuccessful, had been before
the voters in 2000 and 2002. Eventually the condition of the community center building
on Third Street had deteriorated to the point that a decision was made in 2003 to close the
Page 1 - Council Meeting Minutes, January 14, 2008
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COUNCIL MEETING MINUTES
JANUARY 14,2008
TAPE
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Center and the building was sold in 2005. In 2006, the City hired Carleton Hart
Architecture to develop a Community Center feasibility study and they are in attendance
at this meeting to share the results of their work.
Bill Hart introduced Julie Proksch, Project Manager, and Paul Falsetto, Architect, who
have been working closely with staff on the feasibility study relating to the building
designs and operation of a Recreation Center and an Arts and Cultural Community
Center.
Julie Proksch stated that the study methodology included (1) a research phase involving a
task force, public input, and looking at similar facilities; (2) a program phase which
involved development of the types and sizes of the spaces; (3) performing a condition
assessment by evaluating the existing Aquatic Center for the purpose of expanding the
facility to house the proposed Recreation Center; (4) a site selection process for the Arts
& Cultural Community Center whereby site criteria was established and possible sites
evaluated based on the criteria; (5) a conceptual design phase involved development of
floor plans and elevations for the two facilities with the Task Force assisting in the
evaluation of the size and configuration of the buildings; and (6) conducting a financial
analysis on construction cost estimates as well as forecasting operating costs and
revenues. A second public meeting was held to present the plans as well as the financial
information to gain additional public input. She reviewed the project goals which
included the ability to provide facilities for all members of the community, strive to have
projects become ci vie landmarks, make every effort to embrace the highest standards of
green building practices to become gold leaf certified, encourage low operating and
maintenance costs, and look at project financing options to avoid going through the bond
process.
Paul Falsetto stated that the proposed Recreation Center would be an expansion to the
Aquatic Center and would take the existing front portion of the building (approximately
5,000 sq. feet) and expand the area to approximately 25,000 sq. feet. The new addition
would be to the north and east portion of the existing building resulting in the relocation
of the tennis court and would include a gym, fitness classrooms, weight room, activity
room, locker room expansions, and lobby. The parking area would be expanded to meet
the needs of the new building. Total estimated cost for the building, site work, fees and
permits is $8,282,441. Annual operating costs were forecasted at $825,000 with revenues
forecasted at $312,000 thereby requiring the City to subsidize the operating costs by
approximately $513,856 annually (62%). It was noted that the costs to operate the
Aquatic Center are not part of the Recreation Center costs. In regards to the Arts &
Cultural Community Center, the building is proposed to be located in Legion Park
adjacent to Park Avenue. This building would include an assembly room with a
commercial kitchen and storage areas, classrooms, teen room, senior lounge, dance room,
changing rooms, and staff areas. He stated that they had evaluated six sites for this
building and it was determined that Legion Park would be the best location based on the
following criteria: (1) cost and ownership of the site, (2) size of the site, (3) potential for
outdoor spaces, and (4) solar access. He reviewed the conceptual design of the facility
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and stated that land not currently in use south of the new police facility could become an
expansion of the existing park thereby moving the existing playing field to the west of the
proposed center. The proposed building is approximately 30,000 sq feet with a portion of
the building being two stories. The total estimated construction cost for this facility is
$8.8 million. In regards to forecasting operating costs, it is estimated that annual
expenses would be $689,782 and revenues would be $242,854 leaving a cost deficit to the
City in the amount of $446,928 (65% subsidy needed to meet operating costs). In regards
to funding sources for these projects, possible grant funding sources include MJ.
Murdoch Charitable Trust, Meyer Memorial Trust, Oregon Community Fund, Ford
Family Foundation, Collins Foundation, and individual donors. Non-grant funding
sources include the USDA Rural Development program, Special Public Works Funds,
Community Development Block Grant program, Renewable Energy Feasibility Fund, and
development impact fees. In their analysis, it is hoped that one or all of the grant sources
would provide $500,000 towards the direct cost for construction but there will be a
challenge to the City in that these grant sources do not tend to grant a large amount of
funds to municipalities. Study conclusions are as follows: (1) completing two $8 million
projects without a public bond would be a tremendous challenge to finance; (2) The Arts
& Cultural Community Center could be a distant-future project since the recent project at
Wellspring (The Woodlands) is fulfilling a current void in meeting space and there will
be a need to replace the soccer field if the Center is located at the proposed location in
Legion Park; (3) Recreation Center would add value to the existing aquatics facility; and
(4) the Recreation Center could incorporate some program elements from the Arts &
Cultural Community Center by shifting some of the smaller elements from the
Community Center into the Recreation Center.
0793 Councilor McCallum questioned if the Recreation Center could be a phased project since
he did not recall having a gym as part of the project.
Mr. Falsetto felt that it could be a phased project with the gym as a separate phase since it
is a large volume of space.
Councilor McCallum questioned the vision as to the Center's operating hours and
programs.
Mr. Falsetto stated that they had discussed this issue with staff and the consensus was that
there would be good solid use throughout the day by a variety of groups. Gymnasiums
appear to be under high demand and they feel that the fitness classroom tends to have
three distinct waves of use - the early morning crowd, lunch crowd, and after work
crowd. With a concerted effort by the City to increase the number of recreation
programs, they feel that the building will be effectively used throughout the day and
throughout the year.
Councilor McCallum stated that he is concerned about the difficulty in passing bonds and
there is a need to look at other financial sources to fund the construction costs. He stated
that a Community Center adds so much to community life and livability but funding is an
issue within our community.
Councilor Bjelland stated that the forecast of operating cost gave the annual operating
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costs for the facility but did not take into account any financing associated with the
construction of the project which could be a fairly significant amount of money since
grant sources are fairly limited.
Community Services Director Row stated that he was surprised as to how expensive these
facilities were from a construction cost and from an operating cost standpoint. Staff was
looking at these numbers very conservatively and did not take into consideration those
costs the City is already incurring at the Aquatic Center to operate the existing 5,000
square foot lobby area which would be incorporated into the 25,000 square foot
expansion. From an operational standpoint, a lot of programs that would be operated at
the Recreation Center already exist and are being subsidized, however, the new Center
will provide an opportunity for expanded programming.
1050 CHAMBER OF COMMERCE REPORT.
Don Judson, Interim Executive Director, provided information on the following
upcoming Chamber events:
1) Forum Lunch will be held at Country Meadows on January 16,2008 with Mayor
Figley to provide attendees with the "State of the City" address;
2) Chamber Annual Dinner will be held on January 24, 2008, at Country Meadows with
the gavel being passed from past President Walt Blomberg to their new President Deb
Yager along with presentations of annual awards;
3) Greeter's Program will be held on January 18th at Chemeketa Community College; and
4) Greeter's Program will be held on January 25th at Cascade Park Retirement
Community.
Mr. Judson also stated that progress is being made on the Woodburn Area Visitor's
Association (W A VA) which would involve contracting out tourism as a project thereby
keeping operating revenues and expenses for tourism separate from the Chamber. He has
met with, and received a proposal from, the Salem Convention Visitor's Association. A
meeting to review the proposal and further discuss the concept to separate out the tourism
project will be held on Tuesday, January 22od. He reiterated that the Chamber would be
operating based on revenues from dues and events while W A VA, if created, would
operate on revenues from Transient Occupancy Tax (TOT) funds and memberships.
1167 WOODBURN SCHOOL DISTRICT REPORT.
Walt Blomberg, School Superintendent, stated that the School District has been doing
some long-term planning and one of the projects being worked on now is Strategic
Planning. This is the time for the lO-year renewal and a Core Planning Team has met to
analyze the last plan, review results, and work on the next steps for the district. Action
Teams are looking more thoroughly at each of the proposed strategies for the future. The
Core Planning Team will meet on Wednesday, January 16th, to talk about some of the
work of the Action Teams and try to formulate a plan that will take the School District
into the next 10 years. One of the key issues facing the School District is their future
need for facilities. School District student enrollment has increased by 1,600 over the last
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10 years. The last schools were built in 1997 with those schools being filled by 1999 and
modulars were installed at each of the campuses as a short term solution. About four
years ago, they began building annexes which has resulted in borrowing money with loan
payback being taken out of their reserve accounts. Over the last ten years, over $6
million has been paid out of operational funds for modulars and payments on the annexes.
In addition, the District made a commitment to the community to maintain the facilities
and over $9 million has been invested in making sure that existing facilities had capital
improvements made as needed. The School District is now at a point where they do not
have the resources to continue maintaining facilities or adding space as they have had
over the last ten years. With the City's submittal of an urban growth boundary
expansion, he is concerned about providing additional space for the next 1,600 students
and the only alternative he can see at this time is submitting a bond issue to the voters
that would add school facilities. He agreed that the community deserves some facilities
like the Recreation Center and Arts and Cultural Community Center, however, he
requested that the City support a bond issue that the School District will eventually
propose since all of these facilities are part of making the community livable.
1400 Councilor McCallum stated that the School District needs to be congratulated in
performing facility maintenance projects as needed rather than deferring the projects
which ultimately cost the district more money to make the repairs. He also stated that a
recent report in the Educational Weekly publication rated Oregon very low citing the lack
of a mentor program for new teachers. However, it had been mentioned previously by
Superintendent Blomberg that Woodburn does have a mentoring program in place and he
extended his congratulations to the School District for taking a proactive approach to
implement a mentoring program.
Superintendent Blomberg stated that the District hired a significant number of new staff
this year and this type of program helps the teachers acclimate to the district, know the
district's priorities, and answers their questions.
Councilor Cox questioned if the School District has a ballpark figure on a bond measure
for new school facilities.
Superintendent Blomberg stated that he does not have a figure at this time to announce
but they hope to have a figure by the end of March. The last bond issue was for $40
million and was defeated by the voters. The dilemma is whether to place a bond issue
before the voters that would provide funding for additional facilities to handle growth
over the next 10 years or a lesser amount to fund facilities needed over the next 4 or 5
years. He also stated that they are talking to a consultant but no one has been hired as of
yet to assist with this decision making process.
1596 CONSENT AGENDA.
A) approve the City Council minutes of December 10,2007;
B) approve the Council workshop minutes of December 10, 2007;
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C) accept the Planning Commission draft minutes of December 13, 2007;
D) receive the Building Activity report for December 2007;
E) receive the Planning Tracking sheet dated January 9,2008;
F) receive the Claims for December 2007;
G) receive the Community Services Department Statistics for November 2007;
H) receive the Audit Reports for fiscal year 2006-2007 (City and Urban Renewal District
financial statements);
I) City Attorney Shield's reappointment to League of Oregon Cities (LOC) Legal
Advisory Committee;
J) receive report on Speed Zone change on Highway 211 east of Highway 99E; and
K) receive report on Highway 214/ Settlemier Avenue / Boones Ferry Road street
improvement update.
Councilor McCallum requested a verbal report on the audit process of the City's financial
records.
Finance Director Gillespie stated that his staff maintains the accounting records for all
City funds which includes producing monthly financial statements to departments, year
end financial statements, ad hoc reports to departments, Budget Committee mid-year
budget review, and a full audit at year-end completed by an outside audit firm. The audit
firm prepares combined statements for the various funds and disclosure statements so that
the reader understands what is in the numbers. The financial statements and audit
opinion are reviewed by staff and once finalized, the audit report is filed with the
Secretary of State. He also addressed the importance of internal control to reduce the risk
of potential embezzlement of funds which includes, but not limited to, hiring the right
people, having a separation of duties, review of financial transactions at several levels and
across several functions, and an annual audit of all City funds by an outside firm.
Councilor Cox stated that the audit is a financial audit and does not indicate any
mismanagement of funds or malfeasance by anyone. In fact, it is an absolutely sterling
audit report as has been reported in the past which staff should be very proud of.
Councilor McCallum requested a summary of the Highway 214 / Settlemeir A venue /
Boones Ferry Road project update.
Acting Public Works Director Rohman stated that the State funding assistance for this
project came from federal program dollars and ODOT recently informed the City that
they had received approval from the Department of Justice on the scope of work
agreement for the project construction engineering. This project has been delayed for a
number of reasons and ODOT has now informed the City that the bid opening date is
now scheduled for April 10, 2008. The construction project should commence about 60-
75 days after bid award and will take about 90 days to complete. It is anticipated that the
majority of the project will be completed by late summer.
MCCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion
passed unanimously.
2110 COUNCIL BILL NO. 2695 - ORDINANCE DELEGATING TO THE MUNICIPAL
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JUDGE THE AUTHORITY TO APPOINT PRO-TEM MUNICIPAL JUDGES
PURSUANT TO THE PROCEDURES PROVIDED IN THIS ORDINANCE.
Councilor Sifuentez introduced Council Bill No. 2695. Recorder Tennant read the two
readings of the bill by title only since there were no objections from the Council. On roll
call vote for final passage, the bill passed unanimously. Mayor Figley declared Council
Bill No. 2695 duly passed.
2153 COUNCIL BILL NO. 2696 - RESOLUTION ESTABLISHING A PUBLIC
HEARING DATE FOR LEVYING THE FINAL ASSESSMENT OF COSTS FOR
THE IMPROVEMENT OF COUNTRY CLUB ROAD BETWEEN BOONES
FERRY ROAD AND ASTOR WAY.
Council Bill No. 2696 was introduced by Councilor Sifuentez. The bill was read by title
only since there were no objections from the Council. On roll call vote for final passage,
the bill passed unanimously. Mayor Figley declared Council Bill No. 2696 duly passed.
2201 COUNCIL BILL NO. 2697 - RESOLUTION ESTABLISHING A PUBLIC
HEARING DATE FOR LEVYING THE FINAL ASSESSMENT COSTS FOR THE
IMPROVEMENT TO WEST LINCOLN STREET BETWEEN CASCADE DRIVE
AND LEASURE STREET.
Councilor Bill No. 2697 was introduced by Councilor Sifuentez. Recorder Tennant read
the bill by title only since there were no objections from the from the Council. On roll
call vote for final passage, the bill passed unanimously. Mayor Figley declared Council
Bill No. 2697 duly passed.
2227 OLCC NEW OUTLET APPLICATION: MARISCOS EL SARANEADO.1032
NORTH PACIFIC HIGHWAY.
A limited on-premises sales liquor license application was submitted by Mariscos EI
Saraneado LLC , DBA Mariscos EI Saraneado, due to a change in the business
partnership at this location which is currently licensed under the name of Cactus Grill
Taqueria.
BJELLAND/LONERGAN... recommend to OLCC approval of a liquor license
application for Mariscos EI Saraneado. The motion passed 5-1 with Councilor Nichols
voting nay.
2287 OLCC NEW OUTLET APPLICATION: DEDE'S DELI. 1537 MT. HOOD
A VENUE. SUITE 101.
A limited on-premises sales liquor license application was submitted by CJ Eateries LLC,
DBA Dede's Deli, for a new establishment at 1537 Mt. Hood Avenue.
BJELLAND/LONERGAN... recommend to OLCC approval of a liquor license
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application for Dede's Deli. The motion passed 5-1 with Councilor Nichols voting nay.
2307 POSITION UPGRADE: WATER DIVISION UTILITY WORKER II TO UTILITY
WORKER III.
BJELLAND/SIFUENTEZ... authorize the upgrade of a Water Division Utility II
position to a Utility III position.
Councilor Cox stated that the staff report explains clearly why the cross-connection
program needs to be moved to the Water Division but he did not understand as to why the
position upgrade needs to be made.
Acting Public Works Manager Rohman stated that the Utility Worker III job description
includes the cross connection program as an assigned job duty. If the cross connection
program was assigned to a Utility Worker II, then the City would be required to pay the
employee for working out of class.
The motion passed unanimously.
2380 REOUEST FOR NO PARKING ON THIRD STREET NORTH OF HARRISON
STREET.
BJELLANDILONERGAN... authorize No Parking on the east side of Third Street from
Harrison to the north side of 950 Third Street.
Councilor Lonergan questioned if staff looked at limited parking during Church hours
versus a 24-hour No Parking requirement since there are several homes in the area that
will not be able to park on the street in front of their homes.
Acting Public Works Director Rohman stated that this is a narrow street and No Parking
on a 24-hour basis facilitates the flow of traffic at times when other functions are being
held at the Church facility. Affected homeowners that have talked to staff about the
problem are aware of the proposed solution.
The motion passed unanimously.
2450 DRAFT ANIMAL CONTROL ORDINANCE.
Councilor Cox felt that a workshop would be the next step for the Council to follow in
order to obtain public input on the draft ordinance. He stated that he had reviewed the
draft ordinance and did not see any particular problem with the language but would like
to hear comments from the public before a final document is considered for adoption.
Administrator Brown stated that he had planned on making public announcements over
the radio stations in addition to using the WCAT scroller, City website, water bill mailer,
and newspaper. He suggested that the workshop be held on an evening other than a
regular meeting night. Since members of the community will be interested in seeing a
draft document before the workshop, he questioned if the Council had any specific
changes that they would like to make to the draft document before it is provided to the
public for review.
Councilor Cox stated that he did not see anything in the draft document that he would
like deleted at this time even though the final document may look slightly different.
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Councilor Bjelland did refer to provisions relating to fowl with chickens and ducks
limited to three but no mention of roosters, geese, turkeys, peacocks, or peahens.
City Attorney Shields stated that chickens and ducks were brought up before the Council
in a previous meeting and all other fowl would not be permitted under the livestock
provision. He stated that he would look more closely at the draft language to make sure
that it includes a definition for fowl.
Councilor McCallum stated that he has received a couple of complaints regarding cats
and he questioned if staff had found any ordinances from other cities regulating cats.
City Attorney Shields stated that a number of cities have adopted county ordinance and
the only location that he could find mandatory cat licensing is in Multnomah County.
The problem with cat licensing is ownership since cats do move around more than dogs
and there are no state law provisions about licensing cats whereas there are state law
provisions relating to dogs. He also mentioned that Jackson County has a provision that
allows for voluntary licensing of cats.
Councilor Cox stated that in a public meeting there will most likely be individuals telling
the Council that cats should be prohibited from running at large since cats can be vicious,
they defecate in peoples yards and make a mess but that problem will never go away and
he does not feel that the prohibition should be put into place.
Councilor McCallum stated that cats do take care of rodents but enforcement could be a
problem.
Police Chief Russell stated that they do get calls on feral cats which they have to deal
with but they have found that they end up trapping everything but cats.
Mayor Figley stated that a workshop will be scheduled for a date other than a regular
Council meeting date.
2946 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS.
A) Planning Commission's Approval of Design Review 2007-05 located at 100 Arney
Road (Shell Gasoline Station and Market): Request for removal of an existing gas
station canopy and replacing it with a smaller canopy. Planning Commission approved
the application subject to conditions including upgrading other aspects of the tenant space
including parking, landscaping, and signs.
B) Community Development Director's Approvial of Zoning Adjustment 2008-01
located at 1613 Umpqua Road: Allows for construction of a 6'xl2' bathroom addition to
a single-family dwelling in the Retirement Community Single Family Residential (RIS)
zone.
Councilor McCallum questioned the Planning Commission's ruling on standing signs at
the Shell station and whether or not they are now considered an attachment to the
building.
Community Development Director Allen stated that the Shell station, restaurant and hotel
are defined as a complex and the complex has a hotel and gas station pole sign even
though it is on the property of the hotel. The gas station also has a pole sign on the comer
of Arney Road and Highway 219 along with a couple of wall signs. Since the pole sign is
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not on the property of the gas station, the Planning Commission ruled that the pole sign
on the corner Arney Road and Highway 219 needed to be eliminated and replaced with a
monument sign. In regards to the existing pole sign that is on the hotel property, the
internal workings of the sign have been changed so it is just bright red lights and there
was no change in the size or location of the pole sign. This type of sign would not be
allowed under current ordinance provisions without some variances.
No action was taken by the Council to bring these land use actions up for review.
3094 CITY ADMINISTRATOR'S REPORT.
A) City Administrator Brown stated that he has made a Conditional Offer of Employment
to an individual for the Public Works Director position and he is waiting to get a contract
signed from the applicant before he releases his name. If everything works out, the start
date will be February 1, 2008.
B) Community Services Director Jim Row introduced Stu Spence as the City's new
Recreation Services Manager. He stated that Mr. Spence's most recent employer was the
City of Ellensburg, Washington where he served fi ve years as the Youth and Community
Center Coordinator and, prior to that, has had extensive experience in the Seattle area
with the Boys and Girls Club.
3130 MA YOR AND COUNCIL REPORTS.
Councilor McCallum requested a progress report on the natural gas line that is trying to
go through the City's urban growth boundary expansion area.
Community Development Director Allen stated that there are two projects from two
different companies one of which is Oregon LNG and the other is Palomar Gas
Transmission Company. The Oregon LNG has verbally informed the City that they will
be bypassing the City's urban growth boundary and the proposed urban growth boundary
through a north alignment that will stay north of Crosby Road. Palomar Gas
Transmission Company has still been providing information to property owners that
shows that their alignment would bisect the southwest industrial reserve and the urban
growth boundary on the south side of the City. The City has commented on numerous
occasions that the Council's intent is for the natural gas line is to stay outside of the urban
growth boundary. He stated that he had not heard anything back on either project for
over a month but they are still in the pre-application stage with the Federal Energy
Regulatory Commission.
Administrator Brown stated that staff had received an e-mail recently from Senator
Wyden's office who has been working on trying to get an environmental analysis
completed which staff feels would be helpful to the City in the long run since it will give
the City other forums to talk about how the gas line within the urban growth boundary
would affect the City.
3235 Councilor Bjelland provided a brief report on his presentation to the Oregon
Transportation Commission (OTC). He stated that the Commission members
congratulated Woodburn on the cooperation we have been providing to aD aT and OTC
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and they were very complimentary on Woodburn's efforts to deal with our transportation
issues. He feels that the City now has a good working relationship with OTC members
which may not have been the case with some of the previous members. His presentation
involved assessing and explaining the situation that Oregon is now experiencing in
regards to the tremendous transportation needs that exist and the fact that there is not a
good awareness or understanding of these issues by the public or by many legislators. He
has been promoting the fact that the Area Commissions on Transportation need to take a
more proacti ve role in putting across to the decision makers the issues that are being
faced with the small amount of funding that is available for modernization of the State's
transportation infrastructure, the tremendous needs that exist, and need to develop a new
financing mechanism to deal with those issues.
Councilor McCallum thanked staff and Police Chief Russell for being able to work with
ODOT to get their cooperation in keeping cars off of the ODOT lot adjacent to 1-5 in
which people were using the lot as a car sales lot.
Councilor Sifuentez stated that she belongs to a Committee that is getting ready to
celebrate Oregon's 150th birthday in 2009 and she has a letter from the Governor
encouraging Oregonians to write their own stories about Oregon and submitting them to
the Oregon 150 Committee.
3385 EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn into executive session under the authority
of ORS 192.660(2)(i).
NICHOLS/LONERGAN... adjourn to executive session under the statutory authority
cited by the Mayor.
Administrator Brown stated for the record that he would waive his right to have his
performance evaluation done in open session.
The motion passed unanimously.
The meeting adjourned to executive session at 8:45 p.m. and reconvened at 9:18 p.m..
3404 Mayor Figley stated that no decisions were made by the Council while in executive
seSSIOn.
COXINICHOLS... grant the City Administrator a raise effective October 1,2007 in the
amount of 6% of base salary which includes the COLA adjustment that he has already
received. The motion passed unanimously.
3440 ADJOURNMENT.
MCCALLUMJSIFUENTEZ...meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:21 p.m..
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APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
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12
Executive Session
COUNCIL MEETING MINUTES
January 14, 2008
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARlON, STATE OF OREGON, JANUARY 14, 2008.
CONVENED. The Council met in executive session at 8:50 p.m. with Mayor Figley presiding.
ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present
Present
Present
Present
Present
Staff Present: City Administrator Brown (9:02 pm - 9: 15 pm), City Recorder Tennant
Mayor Figley reminded the Councilors and staff that information discussed in executive session is
not to be discussed with the public.
The executive session was called pursuant to ORS 192.660(2)(i) to review and evaluate, pursuant to
standards, criteria and policy directives adopted by the governing body, the employment-related
performance of the chief executive officer of any public body, a public officer, employee or staff
member unless the person whose performance is being reviewed and evaluated requests an open
hearing.
ADJOURNMENT.
The executive session adjourned at 9: 15 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
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13
8B
Minutes
Annual Board Workshop
January 8, 2008
6:00 - 8:30 p.m.
DRAFT
1. Call to Order
Jim Row began the meeting at 6:03 p.m.
2. Present
Board Chair Bruce Thomas Present
Board Secretary Rosetta Wangerin Present
Member Joseph Nicoletti Present
Member Judy Wesemann Absent
Member Eric Morris Present
Member Charlene Williams Present
Member vacant vacant
Staff present: Jim Row, Community Services Director; Stu Spence, Recreation Services
Manager; Debbie Wadliegh, Facilities and Aquatics Manager: Paulette Zastoupil, Clerk.
Bruce Thomas thanked Eric Morris and Charlene Williams on their Park Board
appointment. Each Park Board and staff member was given Park Board Notebooks,
Ordinance 2270 and Ordinance 2060.
3. Review City Council Goals
Jim reviewed the 2007-2008 City Council Goals and went through each section with
emphasis on Parks and Recreation. Discussion and questions were answered involving
the City's budget process, including additional funds requests and the use of System
Development Charges.
4. Project Discussion
1. Parks and Recreation Comprehensive Master Plan
The 1999 Parks and Recreation Comprehensive Master Plan is being updated
with assistance from Group Mackenzie/ GreenPlay. The project kicked-off in
November. In mid-December, the consultants facilitated community and staff
focus group meetings, and gathered significant input regarding current level of
service, inventory of facilities, recreational programs and maintenance. By the
end of January or early February, they will mail a random survey to approximately
3000 Woodburn citizens. We expect to receive between 300-400 completed
surveys. An outreach to the Woodburn Latino community will be conducted to
encourage a representative response. The consultants will update our park
inventory, changes in population growth estimates, and develop an updated CIP.
A draft Plan should be available in about six months. It will then go before the
Planning Commission and City Council.
2. SDC Methodology Update
The City's SDC Methodology was last updated in 1999. Jim stated that nothing
has changed with this project since the last workshop. It will be updated as soon
as the Parks and Recreation Master Plan has been updated.
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14
Page 2
3. Mill Creek Greenway Phase I
Jim gave a brief history of the Mill Creek Greenway Master Plan. In 2003, a Task
Force was formed and an inventory and assessment of the potential trail system
was completed. The resulting Mill Creek Master Plan was adopted by the City
Council in May 2006. In spring of 2007, a $210,000 State Grant was awarded, to
be matched with Parks SDC funds, to begin the first phase of the project. A
design team will be selected within a couple of weeks. The Board discussed the
Mill Creek Greenway Phase I plan and viewed the south section of the map.
4. Playground Replacement
Bruce presented a brief history of this project. A few years ago, the Board
developed a 10-year plan to replace every City owned playground. The plan
involves replacing one playground each year. A KaBOOM! grant helped fund the
replacement of Nelson Park in 2006, and other various grants and City funds
replaced North Front Street Park in 2007. A $30,000 grant from the State of
Oregon will fund the replacement of the playground at Burlingham Park this May.
It was discussed that the playground replacement schedule may need to be
updated in a future board meeting. Bruce Thomas re-enforced the fact that this
project takes a lot of effort and encouraged Board members to support it by
getting involved and working on the necessary committees.
5. Aquatic Center Expansion - Community Arts & Cultural Center
Board reviewed the final concept plan and was invited to hear the Consultant's
presentation at the January 14, 2008 City Council meeting. The City Council will
then have the opportunity to ask questions and give direction to our department
on how to proceed.
6. Legion Park Master Plan
This plan will be included with recommendations in the Parks and Recreation
Comprehensive Master Plan. Jim explained that this project will be hard to find
funding to complete. A discussion on a more extensive tree inventory is needed.
7. Settlemeir Park Master Plan
This plan will be included with recommendations in the Parks and Recreation
Master Plan.
8. Centennial Park Phase IV
Board discussed reasons why the Centennial Park Master Plan may need to be
updated. Jim explained that the Mid-Valley Baseball Association is seeking
grants to fund the completion of ball field #4. He went on to explain the City's
partnership with the Mid-Valley Youth Baseball Association, in which the city
provides the facility and support and the association runs the program and
collects the revenue. Again, the Parks and Recreation Plan will address this park
at a conceptual level.
9. Woodburn Community Foundation
The Foundation is a key part of funding and grant writing to meet department
goals. There has been no change since the last Board workshop on this project.
15
10. Recreation Needs Assessment
Jim explained that this project was delayed, due to the Recreation Services
Manager vacancy. The Master Plan survey and related analysis will do many of
the things that a recreation needs assessment would do. Once the Master Plan is
complete, we will assess whether further assessment is necessary.
11. Project Prioritization
The Board members were asked to prioritize the following 7 projects. They were
asked to assign a 1-7 score to each project, with 7 representing their highest
priority and 1 representing their lowest priority. They could use each number (1-
7) only once. The projects with the highest scores will represent the Board's
highest priorities for the coming year. The results follow:
2008 Project List Bruce Rosetta Eric M. Joseph Charlene Total Rank
1. Annual Playground Replacement 7 6 6 7 7 33 1
Initiative
2. Centennial Park Phase IV 6 7 7 2 6 28 2
3. Mill Creek Greenway Phase I 5 4 3 6 5 23 3
4. Aquatic Center Expansion 4 5 5 4 3 21 4
5. Implementation of Legion Park 2 3 4 5 4 18 5
Master Plan
6. Implementation of Settlemier Park 3 2 2 3 2 12 6
Master Plan
7. Community Arts and Cultural 1 1 1 1 1 5 7
Center
For comparison, the 2007 Project Prioritization List, is as follows:
2007 Project List Bruce Rosetta EricY. Joseph Total Rank
1. Annual Playground Replacement 8 8 8 8 32 1
Initiative
2. Aquatic Center Expansion 4 7 7 6 24 2
3. Mill Creek Greenway Phase I 7 4 5 5 21 3
4. Implementation of Legion Park Master 3+ 5 6 4 18+ 4
Plan
5. Implementation of Settlemier Park Master 5 6 3 3 17 5
Plan
6. Centennial Park Phase IV 6 3 4 2 15 6
7. Community Arts and Cultural Center 1 1 1 7 10 7
8. Burlingham Park renovation 2 2 2 1 7 8
Meeting adjourned at 8:55 p.m.
Rosetta Wangerin, Board Secretary
Paulette Zastoupil, Recording Secretary
Date
Date
Page 3
16
8e
COMMUNITY SERVICES DEPARTMENT STATISTICS
DECEMBER 2007
Recreation Services Division
Dec-06 Dec-07 2006 YTD 2007 YTD
Revenue: $6,325.00 $4,044.00 $51,001.00 $61,002.41
Expenditures: $26,690.00 $20,439.49 $207,586.82 $180,973.85
Proqram Attendance:
Youth Sports: 0 0 601 476
Adult Sports: 620 450 2,573 1,901
Youth Programs: 0 0 2,300 1,610
Adult Programs: 24 7 516 17
Teen Programs: 0 184 0 2,452
After School Club: 1,668 1,919 8,875 8,200
Special Events: 300 0 4,495 9,500
TOTAL: 2,612 2,560 19,360 24,156
Aquatics Division
Dec-06 Dec-07 2006 YTD 2007 YTD
Revenue: 10,483.26 8,473.17 74,337.23 76,697.63
Expenditures: 39,192.46 44,326.81 258,395.58 278,116.20
Cost Recoverv: 27% 19% 29% 28%
Attendance: 3,480 3,102 25,195 25,214
Lesson Enrollment:
Group: 51 66 592 725
Adults: 0 5 3 19
Private: 0 0 5 31
4th Grade: 75 59 333 305
TOTAL: 126 130 933 1,080
Library Division
Dec-06 Dec-07 2006 YTD 2007 YTD
Revenue: 1,389.35 1,573.53 37,540.90 40,703.21
Expenditures: 85,390.31 76,854.00 486,408.53 477,715.18
Librarv Attendance: 16,904 13,026 103,069 89,243
Librarv Circulation: 8,749 10,539 60,786 68,126
0 0
Adult Proqram Count: 0 1 11 11
Adult Attendance: 0 45 6,244 3,745
Youth Service Proqram Count: 35 26 168 152
Youth Service Attendance: 480 451 3,265 2,977
0 0
Database Usaae: 458 369 3,360 4,302
Adult Computer Usaae: 4,077 4,156 26,404 25,472
Youth Services Computer Usaqe: 843 742 5,288 5,048
0 0
New Adds: 391 437 2,080 3,024
Volunteer Hours Worked: b~CEMBER 20~~ 926 573
17
PLANNIN~G 'PROJECT TRACK1NG$H~t:1:',,' . '
, ' , ' - ' ~', . . ~
,
Revised: . Wednesday, January 23. 2008 ,
Project Applicant Description
SiteLocation:
DR 2007-10, King's Moy Site upgrade, install new
Management fire hydrant, landscaping
& restripe parking for
new furniture store.
770 N. Pacific Hwy
DR 2007-13, Varvitsiotis Carl's Jr. fast food
Architecture restaurant
(JCK 1755 Mt. Hood Ave.
Restaurants)
DR 2007-14, Scott Beck, Kerr Contractors office
Architect addition.
395 Shenandoah Ln
EXCP 2008- John Baker Type II Exception to
01,DR 2007-11 (Cuppy's Drive- Street ROW &
Thru) Improvements
1-1 987 Lawson Avenue
00
FPUD 2007- Bryan Final approval of PUD -
02,ANX 97-08, Cavaness Boones Crossing III,
ZC 97-12, CU Type I
97-03, PUD 97- Dahlia Street and Brown
03, VAR 97-12 Street
LA 2007-02, City of Legislative Amendment
Woodburn Period Review Remand
City of Woodburn
LA 2007 -03, City of Legislative Amendment
Woodburn 270 Montgomery St.
ZA 2007-03, Mastery Modification to parking
Learning conditions of approval
Institute with a Zoning Adjustment
591 Gatch St.
Page 1 of 1
Status:
Received
Received
Received
Received
Received
Received
Received
Received
Date
Received
Deemed
Complete
,,~ <,'
120 Day Planner
Date
Mail Notice Notice to
for PC Paper
Post Stf Rpt Due PC Hearing PC Final
Property Admin Dec. Order
Appeal
Deadline
Referrals
Facilities
Meeting
10/04/2007 12/26/2007 04/24/2008 Sam Gollah
11/20/2007 01/04/2008 05/03/2008 Sam Gollah
12/13/2007 01/15/2008 05/14/2008 Sam Gollah 12/13/2007
01/16/2008
07/12/2007
11/26/2007
11/26/2007
Don Dolenc
Don Dolenc
Jim Allen
Jim Allen
08/27/2007 12/26/2007 04/24/2008 Sam Gollah
~
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PLANN1NG,PROJEC~S (INCOMP~EjE/~OLDl-- "
Revised: ' Wednesday, January 23, 2008',
,/ ~
Project Applicant SiteLocation: Description
DR 2007-12VAR 2007-07, Mark Grenz, P.E./ Multitech 845 East Lincoln Street Multiple-family dwellings
EXCP 2007-08
PUD 2006-01ZC 2006-01, CU Soones Crossing, LLC - Parcels 1, 2 & 3 of Partition Modifications to Soones Crossing PUD
2006-04, CPC 2007-01 Mike Hanks Plat 2006-55
I-l
\0
Page 1 of1
Status:
180-Expiration: Planner
Date Received
Incomplete
11/13/2007
05/11/2008 Don Dolenc
Incomplete
04/29/2007 Jim Allen
10/31/2006
','
"'
Activity Report - January 10 through January 23
Folder Name Applicant Pro;ect SiteLocation Description Date Rec'd: App Comple Status:
BL 2008-002 Michael Theodore Rapid Transit 389 W. Hayes SI. Mobile Auto Repair 01/16/2008
Celmer Automotive LLC
BL 2008-003 Lee Zumwalt LZB Inc dBa Earth 619 SE 12th SI. Construction - Contractor 01/22/2008
Anchors
PAPP 2008-01 Y. Yakubovich Y. Yakubovich 855 Luba SI. Divide the lot into 3 (possibly more) 01/14/2008
parcels.
PAPP 2008-02 Derek Bentley Derek Bentley 2499 N. Front SI. Develop front 2.5 acres; building 01/16/2008
structure to be for lease or sale.
TMKT 2008-01 Yolanda Guerrero Yolanda Guerrero 320 North Pacific Flower stand for a 2-day event from 01/10/2008
Highway Feb. 13-14.
Planner:
Sam Gollah
Sam Gollah
Don Dolenc
tI)
o
'.Vedlle,~day, January 23, 2008
BL = Business License EXT = Extension SIGN = Sign Penn it TMKT = Temporary Marketing Permit TSP = Temporary Sign Permit PAPP = Pre-Application FNC = Fence Permit
8E
A~'~
WQ.Qf2.B~~N
Incorprrated 1889
.
.
January 28, 2008
FROM:
Honorable Mayor and City Council through City Administrator
Jim Row, Community Services Director~,(1
TO:
SUBJECT:
Personal Services Agreement for Mill Creek Trail Design
RECOMMENDATION:
This item is informational only. No action by the Council is necessary.
BACKGROUND:
The City Manager has executed a Personal Services Agreement with Firwood
Design Group to develop a detailed design, obtain environmental permits, and
manage the construction of the Mill Creek Greenway Trail project.
This will be the first Greenway project completed since the Mill Creek Greenway
Master Plan was adopted in May 2006. This project involves constructing a trail
system, complete with asphalt pathways, a bridge, two trailheads, benches,
and trashcans. The first phase runs from Cleveland Street at the north to
Hermanson Pond at the south. The project also includes the replacement of the
playground at Hermanson Park I.
The Recreation and Park Board recently created the playground replacement
initiative, and considers it their first priority development project. The Board
deems implementation of the Mill Creek Greenway to be their third priority
project, immediately following the completion of Centennial Park. The City
Council adopted the Playground Replacement Initiative and implementation of
the Mill Creek Greenway as 2007-2009 Council Goals.
Design work will begin in early February. The preliminary design will be
presented at a public meeting, prior to the development of construction
documents. Due to the length of time required to obtain wetland permits from
the Department of State Lands and the United States Army Corp of Engineers, it
is likely that construction will not begin prior to the 2009 construction season.
Agenda Item Review:
I~
City Administrator~ City Attorney
Finance
21
Mayor and City Council
January 28, 2008
Page 2
.
.
DISCUSSION:
This project is a current City Council goal. The Budget Committee discussed this
project and approved including $465,000 for it in the General Fund ClP, to be
funded by Parks System Development Charges and a $210,000 grant, which was
awarded to the City last fall.
The City received eight proposals from qualified design firms in early November
2007. A three-person committee reviewed and scored the proposals. The top
two firms, AKS Engineering and Firwood Design Group were invited to make a
presentation to the review committee. Those presentations resulted in the
committee's unanimous recommendation to award the contract to Firwood
Design Group. At $46,435, Firwood's proposal was the lowest cost of those
received.
FINANCIAL IMPACT:
The contract amount is $46,435. The Budget Committee and City Council
discussed this project and approved including $465,000 for it, including
construction, in the General Fund CIP, to be funded by Parks System
Development Charges and a $210,000 grant awarded by the State of Oregon.
22
Due to the size of the personal services agreement,
it is not included with Item 8E in this agenda packet.
It is available for review by the public in the City Recorder's
office and in the City Administrator's office.
flv)) 'tt -Po//ow:s ~is ?o.r~
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23
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into as of the date first indicated on the
signature page, by and between the City of Woodburn, an Oregon municipal corporation
(hereinafter referred to as "CITY"), and Firwood Design Group, LLC, a corporation
(hereinafter referred to as "CONSULTANT').
WHEREAS, CITY needs certain professional consultant services; and
WHEREAS, CITY wants to engage CONSULTANT to provide these services by reason
of its qualifications and experience; and
WHEREAS, CONSULTANT has offered to provide the required services on the terms
and in the manner set forth herein,
NOW, THEREFORE, IT IS AGREED as follows:
SeCTION 1 - Scope OF SeRVices
The Scope of Work to be performed by CONSULTANT under this Agreement is
described by:
A. Exhibit A, Solicitation for Proposals, dated October 5, 2007.
S. Exhibit S, CONSULTANTs proposal, dated November 9, 2007
C. Exhibit C, Letter and revised budget from Kelli Grover at Firwood Design
Group, dated January 17, 2008.
All Exhibits are incorporated by reference and are a part of this Agreement as if fully set
forth.
SeCTION 2 - DUTies OF CONSULTANT
A. CONSULTANT shall be responsible for the professional quality, technical
accuracy and coordination of all work furnished by CONSULTANT under this
Agreement. CONSULTANT shall, without additional compensation, correct or
revise any errors or deficiencies in its work.
B. CONSULTANT represents that it is qualified to furnish the services described in
this Agreement.
C. CONSULTANT shall be responsible for employing or engaging all persons
necessary to perform its services.
D. It is understood that Kelli Grover will be designated by CONSULTANT as the
person providing services to CITY under this Agreement and that this designated
person shall not be replaced without CITY's approval.
PERSONAL SERVICES AGREEMENT
PAGE 1
SECTION 3 - DUTIES OF CITY
A. CITY shall provide CONSULTANT the pertinent information regarding CITY's
requirements for the Project.
B. CITY shall examine documents submitted by CONSULTANT and shall render
decisions promptly, to avoid unreasonable delay in the progress of
CONSULTANT'S work.
C. CITY certifies that sufficient funds are available and authorized for expenditure to
finance costs of this Agreement.
D. The contact person on the Project for CITY is designated as Jim Row. CITY
shall provide written notice to CONSULTANT if CITY changes its contact person.
SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of
the Agreement by both parties and be completed on or before September 30,2009.
SECTION 5 - PAYMENT
Payment shall be made by CITY to CONSULTANT only for services rendered and upon
submission of a payment request and CITY approval of the work performed. In
consideration for the full performance of the services set forth in Exhibits A, B, and C,
CITY agrees to pay CONSULTANT a fee not to exceed $46,435. Compensation shall
be only for actual hours worked on the Project, at the rates specified in Exhibit B, and
related direct expenses. CONSULTANT shall furnish with each bill for services an
itemized statement showing the amount of services devoted to the Project by
CONSULTANT as well as any agents or employees of CONSULTANT and any direct
expenses.
Section 6 - Termination
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY
shall have the right to terminate this Agreement or suspend work on the Project for any
reason upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to
cease all work under this Agreement upon receipt of said written notice.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement,
although instruments of professional service, are and shall be the property of CITY,
whether the Project for which they are made is executed or not. Consultant shall be
held harmless for future use of all documents without the Consultant's involvement.
PERS'JN.A,l SERVICES AGREEMENT
PAGE 2
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the
performance of this Agreement shall be considered as confidential by CONSULTANT
until they are released by CITY to the public. CONSULTANT shall not make any such
documents or information available to any individual or organization not employed by
CONSULTANT or CITY without the written consent of CITY before any such release.
SECTION 9 -INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any
interest, direct or indirect, financial or otherwise, which would conflict in any manner or
degree with the performance of the services under this Agreement.
SECTION 10- CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required
under this Agreement, CONSULTANT shall at all times be considered an independent
contractor, under control of CITY as to the result of the work but not the means by which
the result is accomplished. Nothing herein shall be construed to make CONSULTANT
an agent or employee of CITY while providing services under this Agreement.
Section 11 -Indemnity
CONSULTANT shall defend, save and hold harmless CITY, its officers, agents and
employees from all claims, suits or actions of whatsoever nature, including intentional
acts, to the extent they result from or arise out of the negligent activities of
CONSULTANT or its subcontractors, agents or employees under this Agreement.
Section 12 - Insurance
CONSULTANT shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, with a limit of not less
than $1,000,000 for each occurrence.
B. Automobile Liability Insurance, occurrence form, with a limit of not less than
$1,000,000.00 for each occurrence. Such insurance shall include coverage for
owned, hired, and non-owned automobiles.
C. Workers Compensation in at least the minimum statutory limits.
PERSONAL SERVICES AGREEMENT
PAGE 3
D. All insurance shall:
1. Include CITY as an additional insured with respect to this Agreement and
the performance of selVices in this Agreement.
2. Be primary with respect to any other insurance or self-insurance programs
of CITY.
3. Be evidenced, prior to commencement of selVices, by properly executed
policy endorsements in addition to a certificate of insurance provided to
CITY.
4. No changes in insurance may be made without the written approval of
CITY.
SECTION 13 - NONASSIGNABILlTY
Both parities recognize that this Agreement is for the personal selVices of
CONSULTANT and cannot be transferred, assigned, or subcontracted by
CONSULTANT without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON PROFESSIONAL SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that
CONSULTANT is skilled in the professional calling necessary to perform the work
agreed to be done under this Agreement and that CITY relies upon the skill of
CONSULTANT to do and perform the work in the most skillful manner, and
CONSULTANT agrees to perform the work. The acceptance of CONSULTANT'S work
by CITY does not operate as a release of CONSULTANT from said obligation.
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition
of this Agreement or of any provisions of any ordinance or law shall not be deemed to
be a waiver of such term, covenant, condition, ordinance or law or of any subsequent
breach or violation of same or of any other term, covenant, condition, ordinance or law
or of any subsequent breach or violation of the same or of any other term, condition,
ordinance, or law. The subsequent acceptance by either party of any fee or other
money, which may become due hereunder shall not be deemed to be a waiver of any
preceding breach or violation by the other party of any term, covenant, or condition of
this Agreement of any applicable law or ordinance.
SeCTION 16- STATE PUBLIC CONTRACT PROVISIONS
All requirements of ORS Chapters 279, 279A, 279B, and 279C including but not limited
to the following, as applicable, are incorporated herein by reference.
PERSONAL SERVICES AGREEMENT
PAGE 4
A. If CONSULTANT fails, neglects or refuses to make prompt payment of any claim
for labor or services furnished by any person in connection with this Contract as
such claim becomes due, Agency may pay such claim to the person furnishing
the labor or services and charge the amount of the payment against funds due or
to become due CONSULTANT by reason of the Contract. The payment of a
claim in the manner authorized above shall not relieve the CONSULTANT or its
surety from its obligation with respect to any unpaid claims.
B. CONSULTANT and its subcontractors, if any, are subject to Oregon Workers'
Compensation Law, which requires all employers that employ subject workers
who work under this Contract in the State of Oregon to comply with ORS 656.017
and provide the required workers' compensation coverage, unless such
employers are exempt under ORS 656.126. CONSULTANT shall ensure that
each of its subcontractors, if any, complies with these requirements.
C. CONSULTANT shall, upon demand, furnish to the Agency, written proof of
workers' compensation insurance coverage. CONSULTANT is required to submit
written notice to the Agency thirty (30) days prior to cancellation of said
coverage.
D. CONSULTANT shall use recyclable products to the maximum extent
economically feasible in the performance of the contract.
E. CONSULTANT is engaged as an independent contractor and will be responsible
for any federal or state taxes applicable to any payments made under this
Contract.
F. CONSULTANT agrees and certifies that it is a corporation in good standing and
licensed to do business in the State of Oregon. CONSULTANT agrees and
certifies that it has complied and will continue to comply with all Oregon laws
relating to the performance of CONSULTANT's obligations under this Contract.
H. CONSULTANT shall:
H.1 Make payment promptly, as due, to all persons supplying to the
CONSULTANT labor and material for the prosecution of the work provided
for in the contract documents;
H.2 Pay all contributions or amounts due to the State Accident Insurance Fund
incurred in the performance of this Contract;
H.3 Not permit any lien or claim to be filed or prosecuted against the Agency
on account of .my labor or material furnished; anri
PERSONAL SERVICES AGRE
PAGE 5
H.4 Pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
I. The CONSULTANT shall promptly as due, make payment to any person, co-
partnership or association or corporation furnishing medical, surgical and hospital
care or other needed care and attention, incident to sickness or injury, to the
employee of such CONSULTANT, of all sums which the CONSULTANT agrees
to pay for such services and all moneys and sums which the CONSULTANT
collected or deducted from the wages of employees pursuant to any law, contract
or Agreement for the purpose of providing or paying for such service.
J. The CONSULTANT shall pay employees for overtime work performed under the
contract in accordance with ORS 653.010 to 653.261 and the Fair Labor
Standards Act of 1938 (29USC201 et. seq.).
K. An employer must give notice to employees who work on a contract for services
in writing, either at the time of hire or before commencement of work on the
contract, or by posting a notice in a location frequented by employees, of the
number of hours per day and days per week that the employees may be required
to work.
L. CONSULTANT will comply with 279.835 et seq. in the procurement of products
and services from a nonprofit agency for disabled individuals.
SECTION 17 - ATTORNEY FEES
In the event a suit or action is instituted to enforce any right guaranteed pursuant to this
Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and
disbursements, reasonable attorney fees to be fixed by the trial and appellate courts
respectively.
SECTION 18 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed
as follows:
TO CITY:
TO CONSULTANT:
Jim Row
Community Services Director
270 Montgomery Street
Woodburn, OR 97071
SECTION 19 -AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT
PERSONAL SERVICES AGREEMENT
PAGE 6
This document represents the entire and integrated Agreement between CITY and
CONSULTANT and supersedes all prior negotiations, representations, and agreements,
either written or oral.
This document may be amended only by written instrument, signed by both CITY and
CONSULTANT
SECTION 20 - GOVERNING LAW
This Agreement shall be governed by the laws of the State of Oregon.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the
day and year written.
CITY OF WOODBURN:
CONSULTANT:
Title: City Administrator
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Title:
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By. \
John C. Brown
By:
Date:
Date:
PERSONAL SERVICES AGREEMENT
PAGE 7
EXHIBIT" A"
Solicitation for Proposals
WOODBURN
ORE G 0 N
Incorporated 1889
October 5,2007
Solicitation for Proposals
City of Woodburn
Mill Creek Greenway Trail Project
Introduction
The City of Woodburn, Department of Community Services is seeking the services of a qualified
design team to provide final design and construction services leading to construction and bid
documents for the proposed Mill Creek Greenway Trail Project. Civil engineering, landscape
ttesign, and construction surveying services are required components of this project. The project
. . ill indude determination of a final trail route, survey work, and the development of a final
design and construction bid documents and construction oversight.
The City desires design work necessary to complete the first phase of work identified in the Mill
Creek Master Plan, adopted by the Woodburn City Council in May 2006. This project will
develop the south section of Woodburn's Mill Creek Greenway Trail System. This first phase of
the Greenway project constructs about % mile of the system's multi-purpose non-motorized
pathway system. The pathway will be 10 to 12 feet wide, generally constructed of asphalt, and
designed for pedestrians and bicycles. This phase also includes six benches, two wildlife
observation platforms, signage, and two roadside trailheads and replaces outdated playground
equipment at Hermanson Park 1. The City will manage the purchase and installation of the
playground equipment separate from the trail construction project. The anticipated cost of these
improvements, excepting the playground is $330,000.
Proposal Inquiries and Submittal
Firms are invited to submit a proposal outlining their experience and qualifications in performing
work directly related to the services required. Interested firms should submit five (5) copies of
their proposal by 4:00 p.m. on November 9, 2007, to Jim Row, Community Services Director,
at Woodburn City Hall, 270 Montgomery Street, Woodburn, Oregon, 97071. Firms that mail
their proposals to the city should allow for adequate delivery time. Postmarks will not be used as
the basis for determining timely delivery. Faxed or electronically delivered submittals will not
be accepted.
Prospective proposers are encouraged to examine this solicitation document by viewing it in a
PDF format, available over the Internet at the City's website: http://www.woodbum-
or.gov/publicworks/en~ineeringlbidsandrfps.htm. Inquiries shall be directed to Jim Row by
phone (503-982-5265), fax (503-980-2448), or e-mail: jim.row@cLwoodburn.or.us
The Department of Community Services will evaluate all proposals and execute a Personal
Services Agreement with the firm whose proposal appears to be the most advantageous to the
City. City Administrator approval of the recommended firm and proposed Personal Services
Agreement will be required. A sample Personal Services Agreement is attached.
The selected consultant will assume responsibility for all contractual matters and services
outlined in their proposal and the approved Personal Services Agreement. Payment for contract
services will be made monthly, upon receipt of the Consultant's billing statement, for work done
to date. The invoice shall include a summary of progress through the billing date and shall not
be submitted more often than once per month. All billings will be processed through the
Director of Community Services. The City of Woodburn reserves the right to reject any or all
proposals not considered to be in the best interest of the City.
SCOPE OF WORK
The City has completed preliminary design. All work performed by the Consultant shall
conform to the design and construction standards of the City of Woodburn, APW A Standard
Specifications for Public Works Construction. A preconstruction conference shall be arranged
with representatives of the City, the Consultant, and the Contractor. Field and laboratory
materials testing shall be certified by an Oregon licensed Professional Engineer if required.
A.) Outline of Tasks
Task 1: Project Management and Coordination
Consultant shall work with City to set up a Project Development Team (PDT) consisting of
Consultant and appropriate subconsultant staff, City staff and other agencies staff as
appropriate. Consultant shall schedule, prepare for, attend, and document PDT meetings
and coordinate these activities with City.
Consultant shall prepare a detailed project schedule showing all major tasks, PDT
meetings, and review milestones. The schedule must be updated monthly throughout the
duration of the work by Consultant. Monthly progress reports and progress billings shall
be prepared in a format approved by the City
Consultant Project Management responsibilities are:
. Contract management.
. Subconsultant management.
. Schedule, coordinate, and supervise project work.
. Maintain liaison and coordination with City and outside agencies.
. Prepare records of decisions.
. Prepare progress reviews.
. Monitor project budget.
. Prepare, maintain, and update project activity schedule.
. Provide timely responses to City comments.
Task 2: Site Survey and Mapping
Consultant shall perform all surveying needed to prepare mapping, design all elements of
the project, and prepare easement descriptions. Consultant Site Survey and Mapping
responsibilities are:
. Research and compile available survey data.
. Establish horizontal and vertical control points.
. Perform topographic surveying and mapping, as necessary to update existing
information.
. Locate existing natural and man-made features.
. Map limits of potentially jurisdictional wetlands (should they be determined to
exist) that may be impacted by construction.
. Tie horizontal locations of all utilities; in instances where there may be a
major conflict with utilities, tie the vertical location as well.
. Prepare base map. City mapping data will be made available.
Tas}.~ 3: Environmental
Consultant shall identify environmental review needed for the project, and then prepare
review reports needed to advance the project for construction. Consultant Environmental
Review responsibilities are:
. Coordinate environmental work with, the Oregon Department of
Environmental Quality (DEQ), the Oregon Department of Fish and Wildlife,
Oregon Department of State Lands (DSL), and the Federal Emergency
Management Agency (FEMA).
. Perform a site inspection and prepare an environmental review letter report
addressing natural resources issues (including wetlands).
. Complete a Wetlands Delineation and Determination of area bounded by the
trail route and route features.
. Prepare Joint Application for Removal/Fill if necessary.
The environmental work will include preparation of a wetlands mitigation plan, if required.
Should it be determined during preliminary design and environmental phase of this project
that such documents are r'quired, an amendment to the Professional Services Agreementgwill be negotiated.
Task 4: Property Research, Mapping, Descriptions, and Staking
The project is located entirely on City owned property or rights-of-way. No easements or
acquisitions will be necessary.
Task 5: Utility Location and Coordination
Consultant shall identify and locate all known utilities within the project limits, initiate
contacts with utility companies, and coordinate relocations needed for construction of the
Project. Consultant Utility Location and Coordination responsibilities are:
. Identify utilities within the vicinity of the project.
. Send preliminary plans to each of the affected utilities.
. Determine possible conflicts with utilities.
. Establish communication with affected utilities, with the objectives of
providing notice of design intent and mitigating conflicts
Task 6: Preliminary Design
Consultant shall prepare preliminary design of all elements including, but not limited to, trial
route geometry and surface sections associated with this project. Consultant Preliminary
Design responsibilities are:
. The designer will prepare and evaluate concepts of the trail route and features based on
the conceptual design plan, evaluate alternative alignments if needed. Pedestrian safety
at the intersections to public streets shall be examined.
. Prepare sketches, estimates and discuss recommended alignment for the rrail route and
features.
. Prepare preliminary plans.
. Evaluate the design aspects as it relates FEMA regulated 1 DO-year flood way and plain for
potential flooding.
. Review preliminary design alternatives with the City.
. Review available budget vs. estimated costs; if necessary, work with the City to make
adjustments in the design needed to meet project objectives within the available budget.
. Present preliminary design in a public meeting and respond to City and public comments.
Task 7: Final Design
Consultant shall prepare the final design of all elements of the project including, but not
limited to, trail route geometry, pavement sections, observation platforms, trail heads,
drainage, construction staging and traffic control, erosion control, and signing, pavement
markings and striping street crossings. Consultant Final Design responsibilities are:
. Prepare final design including final drawings.
. Prepare proposed construction schedule.
. Prepare for and attend design review meetings with the City at 30, 70, and 95
percent stages.
. Respond to City comments on final plans, specifications and estimates, and make
revisions as necessary.
Task 7: Specifications and Special Provisions
Consultant shall prepare contract docwnents and specifications utilizing City of W oodbum
Standards and specifications. Consultant shall write any additional Special Provisions needed.
Consultant Specifications and Special Provisions responsibilities are:
. Prepare and assemble contract docwnents and specifications
. Prepare preliminary Special Provisions.
. Revise Special Provisions based on comments received during reviews.
Task 8: Quantities and Cost Estimates
Consultant shall prepare updated cost estimates with each review milestone during the project
design. Consultant Quantities and Cost Estimates responsibilities are:
. Determine preliminary quantities and prepare cost estimates at review milestones.
. Prepare final quantities estimate and Engineer's Cost Estimate.
Task 9: Bidding Assistance
Consultant shall be available for answering questions during the advertising and bidding of the
project. The fi)llowing subtasks involved in Bidding Assistance are:
. Respond to questions from bidders and City.
. Prepare plans and specifications addenda as needed.
. Assist with the evaluation of bids, if necessary.
Task 10: Construction Engineering
Consultant shall provide construction engineering service and construction staking on the
project. The following subtasks involved in Construction Engineering are:
. Furnish survey personnel and equipment as required to establish horizontal and
vertical baseline control for construction.
. Assist the city in Coordinating, Conducting the Pre-Construction meeting for
project
. Furnish personnel and equipment as required to perform on-site inspections.
. Furnish the services of a Resident Inspector to provide inspection of the work of
the Contractor during the construction period. The Resident Inspector shall be
experienced in the type of work to be done to the end that competent inspection of
materials and labor will be provided. The Resident Inspector shall visit the
project site as needed during construction work.
.~.' '.:~e;':"ifii1$:ec'''n'r~i'''~jj
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· V erify monthly reports of construction progress and monthly estimates as the
basis of payment to the contractor.
· Meet with representatives of local, state and federal agencies when necessary for
consultation or conferences in regard to the construction project.
· Interpret the contract plans and specifications to determine construction
compliance.
· Review and approve submittals, shop drawings, schedules and other data the
contractor is required to provide.
· Arrange for, or witness, field laboratory test as prescribed in the contract
documents.
· Determine the suitability of on-site materials to be used in the construction.
· Reject work and materials that do not conform to the contract documents.
· Determining payment due the contactor based on the extent of work completed
and makes recommendation as such to the City.
· Provide off-site material testing and inspection by a certified laboratory as needed
as needed on the project.
· Review claims for extra compensation and requests for extension of time
submitted by the contractor and prepare change order, recommendations to the
city for final disposition.
· Submit written progress reports (monthly) on construction work completed,
delays encountered, schedule revisions, or work modifications.
· Upon substantial completion of construction, conduct investigation of the project
and assist the city in preparing the punch lists of work to be done to achieve final
completion.
· Assist the city in negotiating final payment for construction. Document
proceedings of negotiations, if any, and record basis for final payment.
· At the completion of the project, prepare final project status report, including
project cost summary, and prepare as-built plans and provide to city in both
hardcopy (Mylar) and digital (AutoCAD).
Reviews and Project Schedule:
This project is scheduled for an April 2008 bid opening. The Consultant shall prepare his
schedule to enable construction to commence no later than May 2008.
At minimum, reviews of the design shall be held at approximately 30%, 70% (preliminary
plans review), 95% (advance plans and specifications review), and 100% (plans-in-hands
review).
Consultant shall prepare and submit a project schedule with the following milestones:
. Project pre-design meeting
· Field survey
. Wetlands Delineation and Determination
. Environmental reports
. Utility coordination
. Easement descriptions
. 95 percent plans, specifications, and estimate
. Final plans and specifications
. City and other agency reviews
. Recommended bid let date
Project Deliverables:
All engineering and surveying shall be performed under the direction of the appropriate
professional engineer and surveyor registered in the State of Oregon. The professional that
has provided the direct supervision of the work shall stamp all reports, maps, plans, and
specifications.
Provide two sets of final plan sheets, on Mylar (4-mil), stamped and signed by an Engineer
registered in the State of Oregon. Full-size and half-size paper prints of the plans shall be
provided as needed for review purposes.
30 Sets of contract documents, specifications and plans shall be provided of bidding
purposes.
Consultant shall supply 3 master copies of all elements of engineering design; plan sheet,
Contract specifications and quantities, engineers estimate in English measurements for the
city use
Consultant shall provide digital copies of plan sheets in AutoCAD format.
Following is list of plan sheets by topics that shall be prepared and a minimum and
submitted by the Consultant on this project:
. Title sheet
. Trail Route, Trail Head and typical sections
. Trail Route, Trail Head details
. Trail Route, Trailhead plans and profiles
. Traffic control and stage construction
. Erosion control details and plans
. Signage, Pavement Marking and Striping Plan
City Responsibilities
. City will make available to the Consultant copies of Preliminary plans in both hardcopy
and digital format (AutoCAD).
. City will obtain property and easements if required for the Project, although not
anticipated, since the project is located entirely on City property and rights-of-way.
Documents Furnished by Consultant
All documents shall become, and remain, the property of the City. The following documents
shall be furnished to the City:
A. Three Copies of the final trail design for the Mill Creek Greenway Trail, including the
following:
I. Copies of completed plans, specifications, construction drawings, and bid packages,
as needed (three master copies for City use in addition to quantity required by
contractor).
2. Itemized construction cost estimates as appropriate.
3. One copy of the quantity and design computations.
4. Two unreduced copies of the record drawings on 4-mil Mylar as well as an electronic
copy.
Insurance Requirements
The Consultant must show proof of insurance (workers compensation, automobile, and errors
and omissions) as required by the City's Personal Services Agreement (see attached).
Proposal Format
Successful proposals will clearly identify the firm's project team, experience with similar
projects, approach to this project, projected schedule or time line, references, other supporting
material and fee. While the fee identified in the proposal will be a consideration, it will not be
the sole determining factor in selecting the successful consultant. The City has the right to
require any clarification or change necessary to understanding the Consultant's approach to the
project and view of the work scope.
Questions regarding this project should be referred to:
Jim Row
Community Services Director
City of W oodbum
270 Montgomery Street
Woodburn, OR 97071
jim.row@ci.woodburn.or.us
(503) 982-5265
EXHIBIT "B"
Consultant's Proposal, Dated November 9, 2007
CitV of Woodburn
Mi\\ creek Greenwa'/ irai\ - Phase 1
proposal for professional Sel"llces
November 9th, 2007
FDG
Firwood Design Group, LLC
Snn'eying . Engineering · Planning
39120 Proctor Blvd.. suite #1 Saody, Oregoo 97055
Tel: 503-668-3737 Fax: 503-668-3788
FO(;
Firwood Design Group, LLC
Surveying . Engineering . Planning
39120 Proctor Blvd., Suite #1 Sandy, Oregon 97055
Tel: 503-668-3737 Fax: 503-668-3788
November 9, 2007
Jim Row
Community Services Director
City of Woodburn City Hall
270 Montgomery Street
Woodburn, Oregon 97071
Re: Professional Services for the Mill Creek Greenway Trail Project
Dear Mr. Row,
We are pleased to submitted this proposal for your consideration in selecting a consulting firm
to provide professional services related to Phase 1 of the Mill Creek Greenway Trail Project.
For this project, the Firwood Design Group has assembled a highly qualified team familiar with
each others skills to meet your project needs. This team includes WOLD Environmental
Consulting, LLC who will be providing wetland related services for this project as a
subcontractor. Our team provides expertise in all aspects of your project, including recent
surveying, engineering design, environmental permitting and construction experience on a
variety of projects. Selecting the Firwood Design Group, LLC for this project will provide you
with the followi ng:
· Technical expertise and experience in a wide range of sidewalk, street, and pathway
projects.
· The capacity to undertake the work immediately and work with a dedicated staff for
the duration of the project. We have the personnel and resources to complete the
project with the schedule as identified in our proposal.
I am authorized to represent Firwood Design Group, LLC in any negotiations and sign any
contract that may result from selection of our proposal.
Our firm has the required insurance in effect and we are prepared to provide you with the
appropriate certifications should our firm be selected.
We strive to provide the highest standards of professional excellence in our work, to insure
that every project undertaken will be an economical and practical success. We look forward to
working with you on this project should you find our proposal to your satisfaction.
Sincere~ ~ / ~
--f,d1fl' 0 C-7~
Kell;l~rover, P.E.
Project Manager
Table of Contents
1.0 Project Understanding
2.0 Firm Qualifications
3.0 Project Approach
4.0 Scope of Services and Schedule
1
1
2
4
Task 1: Project Management and Coordination 4
Task 2: Site Survey and Mapping 5
Task 3: Environmental 5
Task 4: Property Research, Mapping, Descriptions and Staking 6
Task 5: Utility Location and Coordination 6
Task 6: Preliminary Design 6
Task 7: Final Design 7
Task 8: Specifications and Special Provisions 8
Task 9: Quantities and Cost Estimates 8
Task 10: Bidding Assistance 8
Task 11: Construction Engineering 8
5.0
6.0
7.0
8.0
Key Personnel Qualifications
Quality of Client Service and Work
Fee Structure
Resu mes
9
12
12
12
Proposal to Provide Engineering Services for
Mill Creek Greenway Trail Project
City of Woodburn
1.0 Project Understanding
The City of Woodburn, Department of Community services is seeking the services of
a qualified design team to provide final design and construction and bid documents
for the proposed Mill Creek Greenway Trail Project. The following services will be
required to prepare the final design, bid documents, and provide contract
administration, and construction oversight for this project: Civil engineering,
surveying, landscape design, and wetland determination services.
The 2006 Mill Creek Master Plan has identified the prospective work to be completed
under Phase 1 of the Greenway Trail project. This first phase will develop
approximately three quarters of a mile of the multi-purpose trail system. The City of
Woodburn owns the project property and/or public right of way, therefore acquisition
of easements is not anticipated.
Amenities to the pathway system will include six benches, two wildlife observation
platforms, signage, and two roadside trailheads. The replacement of the existing
playground equipment at Hermanson Park I will be purchased and installed by the
City as a separate effort.
2.0 Firm Qualifications
The Firwood Design Group, LLC (FOG) is a full service professional land surveying
and civil engineering consulting firm. FOG retains an engineering staff with over 55
years of combined experience. With this professional longevity our engineers have
worked on a variety of projects bringing a depth of experience and knowledge that
insures sound design, attention to detail, and a quality product.
Our specific area of expertise includes surveying, planning and civil engineering
services in support of private and publiC infrastructure and site improvements. Work
for municipal agencies has included street and sidewalk enhancements, sanitary
sewer replacement and extensions, stormwater sewer rehabilitation and
replacement, and waterline and storage improvements.
FOG has teamed with WOLD Environmental Consultants, LLC (WEC) to provide
the comprehensive design team that incorporates the environmental and civil
engineering professional services required for a project of this nature.
WEC is a certified woman business enterprise (WBE) (#4963) and emerging small
business (ESB) (#4963) that specializes in environmental and natural resource
consulting. WEe was founded by Dr. Louise A. Wold, a Professional Wetland Scientist
and Certified Lake Manager, who has provided sound environmental and natural
resource consulting services for over 18 years for a variety of public agencies, as
well as numerous private clients. The firm maintains a high level of integrity,
professional ethics, and technical expertise. Their services focus on aquatic and
terrestrial ecology - wetland delineations, biological/habitat assessments, regulatory
compliance/permitting, mitigation design, and monitoring, wetland banking, water
..
Proposal for Professional Services
Mill Creek Greenway Park, Phase 1 - City of Woodburn, Oregon
,. . _..w"".,.~_..................-.,~.- . .. .~,. ..._..... -. ".~...".",..u..
quality studies, and lake restoration and management. Specific public sector projects
include regulatory permitting for the city of Astoria; wetland consultant for the city of
Willamina; wetland technical advisor for Clean Water SelVices, Washington County.
WEe's staff has extensive expertise and experience in landscape architecture
designing and preparing park master plans, nature trails, educational pathways
within wetlands and buffer areas for a variety of public and private projects. Specific
nature trail and park projects include, Park and Recreation Master Plan for the city of
Banks, VilIebois East SOO-acre Mixed Use Sustainable Planned Community for the city
Wilsonville, Oregon, Kays Interpretive Nature Trail and Wetland Buffer Restoration
Plan, city of LaCenter, Washington.
3.0 Project Approach
Key to our approach is insuring a team effort with City staff and involving the
stakeholders. The first step we take to establish this dynamic is to hold a kick-offj
pre-design meeting. This consists of meeting city staff reviewing the goals and
objectives of the project, noting the parameters that the design is structured by and
developing an understanding of the vision for the project. The vision includes the
considerations such as schedule, aesthetics, maintenance requirements,
environmental impact considerations, and future uses. We see this as an
opportunity to understand what the ultimate vision for the project is so that we can
provide an end product that serves the vision.
The design work will be initiated by
marking the preliminary centerline
alignment for the path in the field
with stakes. This will provide the
basis upon which the extent of
wetland and/or stream impacts can
be evaluated in the field to determine
the required areas for wetland
delineation. Once identified the
wetland delineation will be performed
and included on the site survey. If the
delineation work discovers an
alternate path alignment to avoid
and/or minimize wetland impacts this
option wilt be reviewed with the
project team. At this stage a 300/0 complete design review will be held with the
project team. Once a final alignment is decided upon the project area will be
surveyed, including the respective wetland delineations.
From the survey data a design surface will be created from which a site grading and
impact evaluation will be conducted. Considerations in the design will be existing
utility conflicts and necessary relocations, pedestrian safety, insure lOO-year flood
plain no-rise is provided, and minimization of natural resource impacts.
11/9/2007
2
..
Proposal for Professional Services
Mill Creek Greenway Park, Phase 1 - City of Woodburn, Oregon
A preliminary design (700/0 complete) will be prepared and presented to the project
team along with a complete constraint and alternatives report and pertinent
diagrams, illustrations and cost factors to assist in refining the design to meet the
project objectives. A key element of the preliminary design will be consideration of
the wetland areas and associated permitting.
Permitting and documentation can be of the "scheduling pitfalls" of many projects.
We have found that, the best way to manage this threat is to design the project with
permitting constraints in mind. We do this by incorporating a permitting specialist
who is also an experienced Professional Wetland Scientist. This person is not only
involved from the beginning in the project's design, but also maintains close contact
and interaction during the permitting and environmental elements of the project. In
effect, an integral link is provided between the overall project management, design,
permitting and documentation needs of the project.
Based on the initial walk through of the proposed Mill Creek Greenway Trail system,
a significant portion of wetlands are situated within the southern extent of the
project area. Based upon the existing layout of the proposed trail, impacts to these
critical resources will likely result. Impacts to wetland resources along the trail will
require state and federal authorization prior to commencement of work. Specifically,
permitting documents will need to be prepared as directed by the Department of
State Lands (DSL) and US Army Corps of Engineers (ACOE) through the Joint
Removal Fill Permit Application process. Compensatory mitigation will also be
required for unavoidable adverse impacts to wetland resources within the project
area. Options for proposed mitigation locations include opportunities within the
project vicinity and though the potential construction of a wetland bank within the
southern extent of Hermison Park III. As the project develops, mitigation site
locations will be determined with input from the City of Woodburn and other
agencies.
While, impacts to these critical natural resources will be avoided to the maximum
extent practicable, minor impacts are likely unavoidable. As such, the proposed trail
route including potential bridges or boardwalks will be designed to minimize impacts
to the functions and values of these natural resources as much as feasible including
those pertaining to sediment control, pollution control, and floodplain restrictions.
Potential effects on natural resources along the proposed trail network, although
certainly not negligible, should be limited to a handful of items. Experience on other
projects, recent site visits along the corridor, and review of the County GIS and
Oregon Natural Heritage Program databases indicates that along the corridor there
are:
. Potential anticipated direct or indirect effects on wetlands and waterways
. Potential anticipated direct or indirect effects to areas of archeological
significance,
. No anticipated direct or indirect effects to threatened and endangered
(T&E) plant or animal species (federal or state listed).
11/9/2007 3
. ,
, .
Th~nVi~~~~~t~l~h~II~~:~~ c~e:;:,i:7t:'::Z:~:~g.t:~l:i~1::::
environmental team member, WOLD Environmental Consultant, LLC, :1: :egUlar
basis on a variety of their projects. These issues are resolved through creative
designs, conscientious engineering, strategically sound environmental planning, and
strong communication with agencies early on in the planning process, which is
reflected by the number of expedited project approvals.
Once the final design parameters are established the requisite environmental permit
applications will be prepared and submitted to the appropriate state and federal
agencies.
A 950/0 complete final drawing set will be prepared and submitted to the city for final
review, including but not limited to:
. the trail route geometry to allow effective construction staking
. details of pavement sections
. locations and construction details of observation platforms
. signage details and diagrams to be located at trail heads
. required elements to address drainage
. pedestrian safety applications at street crossings (striping, signage, etc.)
. construction staging, traffic control and erosion control
At this juncture the construction scheduling will be reviewed and the most practical
and cost effective approach will be identified in light of the environmental permitting
status. In other words, the project construction could be broken into phases, such
that if the permitting was not in-place by April 2008, those portions of the project
not associated with the permitting could be bid-out and constructed. Upon review
with the project team and selection of the best alternative the pertinent construction
bid documents, cost estimates and specifications will be prepared and solicitation of
bids initiated.
4.0 Scope of Services and Schedule
To accomplish the project goals and objectives as outlined in the request for
proposals, and to complete the work in a cost effective and timely manner, we
propose the following scope of services and schedule. The following tasks are
categorized as outlined in the request for proposal, they do not necessarily reflect
the order that the work will be accomplished, rather each task describes the
assignments and responsibility to be included in the contract.
Task 1. - Project Management and Coordination
Our project team will meet with City staff to set up a Project Development Team
(PDT) and hold a pre-design meeting to discuss in detail the scope of work, project
approach and schedule to further refine and review the project benchmarks and
critical milestones. At this time the communication protocols will be defined along
with the duties and responsibilities of each member of the project team.
11./9/2007
4
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Proposal for Professional Services
Mill Creek Greenway Park, Phase 1 - City of Woodburn, Oregon
Monthly billings and progress reports will be prepared according to the City approved
format, along with an adjusted schedule as required.
Project management at a minimum will include:
. contract management.
. monitor and maintain project
budget to insure consistent with
contract amount.
. sub-consultant management.
. schedule, coordinate, and
supervise project work.
. saintain liaison and coordination
with City and outside agencies
and utility providers.
. prepare records of decisions.
. prepare progress reviews of
project, including maintaining
and updating project activity schedule.
. provide timely and comprehensive responses to City comments.
Task 2 - Site Survey and Mapping
This task will include conducting the project area survey using City benchmarks,
preparation of base maps, location of property boundaries as needed, and prepare
legal descriptions and associated exhibits for acquisition of easements as required.
Site Survey will include the following:
. establish horizontal and vertical control points.
. perform topographic surveying and mapping, as necessary to update existing
information.
. locate existing and natural man-made features.
. map limits of jurisdictional wetlands that may be impacted by construction.
. tie locations of utilities.
. identify and locate existing easements (e.g. gas, power, access, etc.)
. locate property boundaries that in required areas identified by the project
team.
Task 3 ~ Environmental
This task includes the completion of a wetland delineation and report in accordance
with 1987 US Army Corps of Engineers (ACOE) Wetlands Delineation Manual along
with supporting technical or guidance documents issued by the (DSL) and the ACOE.
The Wetland Delineation Report will be formatted in accordance with DSL's
Administrative Rules for Wetland Delineation Report Requirements and for
Jurisdictional Determinations.This task will also include coordination with DSL, ACOE,
USFWS, and FEMA if necessary and the completion of a joint removal fill permit
application package.
11/9/2007
5
..
Proposal for Professional Services
Mill Creek Greenway Park, Phase 1 - City of Woodburn, Oregon
Potential wetlands and habitat impacts along the trail will likely be key environmental
components that will require compensatory mitigation associated with the Joint
Removal Fill Permit. However, because
the areas (quantity) of impacts are
unknown, the scope of this work will be
determined after site design is
completed and discussions with the city
and agency staff are conducted to
determine the most feasible and
practicable form of mitigation (i.e., on-
site mitigation or the design of a wetland
bank, etc. . nn ng purposes,
ave inc u ed a rough estimate of
potential costs for a basic on-site
~ ..... wetland mitigation plan.
/.
Task 4 - Property Research, Mapping, Descriptions and Staking
Preliminary plans of the proposed improvements will be prepared and reviewed with
the City. Should the design indicate that a potential encroachment may exist the
pertinent property boundaries will be located and easements, if necessary, will be
prepared.
Task 5 - Utility Location and Coordination
All utilities within the project limits will be identified. If relocation of a utility is
required this will be coordinated to insure that the construction schedule is
maintained. Utility location and coordinate will include:
· Identification of utilities within the vicinity of the project.
. Determine possible conflicts with utilities.
· Establish communication with affected utilities, including provide preliminary
plans to the affected utilities and coordinating to mitigate conflicts.
Task 6 - Preliminary Design
A preliminary design will be prepared and will include at a minimum the trail route
geometry and associated surface sections. The primary responsibilities to be included
in this task include:
· Prepare and evaluate a comprehensive preliminary design based on site
constraints, conceptual design, alternatives analysis and impact minimization.
· Pedestrian safety at the public street crossings will be incorporated into the
preliminary design.
11/9/2007
6
-
Proposal for Professional Servicef
Mill Creek Greenway Park, Phase 1 - City of Woodburn, Ore~on
. Sketches, cost estimates and an alternative alignment discussion will be
prepared for the project team review in conjunction with the development of
the preliminary design.
. The preliminary design will account for impacts within the lOO-year floodplain
and provide assurance that the design incorporates a "no-rise" effect.
. The associated preliminary
mitigation plan, as necessary, will
be incorporated in the design
efforts.
. The preliminary design (700/0
complete) will be presented in a
public meeting and responses will
be provided public comments.
Task 7- Final Design
A 950/0 complete final drawing set will be
prepared and submitted to the city for
final review, including but not limited to:
. the trail route geometry to allow effective construction staking.
. details of pavement sections.
. locations and construction details of observation platforms.
. signage details and diagrams to be located at trail heads.
. required elements to address drainage.
. pedestrian safety applications at street crossings (striping, signage, etc.).
. construction schedule.
. construction staging, traffic control and erosion control.
. mitigation plan as required.
Upon final review from the project team, the requisite changes will be made to the
plans and the final construction plans (1000/0 complete) will be produced. This plan
set will include the following sheets at a minimum:
o Title Sheet with Vicinity Map
o Trail Route, Trail Head and typical sections.
o Trail Route, Trail Head details
o Trail Route, Trailhead plans and profiles
o Erosion control details and plans
o Cross-sections to ensure no-rise in floodplain.
o Signage, Pavement Marking and Striping Plan
11/9/2007
7
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Proposal for Professional Services
Mill Creek Greenway Park, Phase 1 - City of Woodburn, Oregon
Task 8 - SpecificatIons and Special Provisions
After completion of the above task specifications, and contract documents will be
prepared in accordance with the City of Woodburn Standards and submitted to the
City for review and approval; revisions will be addressed accordingly and once
approved by the City, two (2) sets of full size Mylar drawings (4-mil) along with
thirty (30) sets of half size (11 x 17) drawings and thirty (30) sets of contract
documents and specifications will be printed and provided to the City. Three (3)
Master Plan sets and additional sets, as needed will provided the City. Furthermore,
continued coordination with all utilities will also occur at this time.
Task 9 - Quantities and Cost Estimates
Updated cost estimates will be provided with each review milestone during the
project design. The following outlines the responsibilities included under this task:
· Determine the preliminary quantities and prepare cost estimates at review
milestones.
· Final quantities and an Engineer's Cost estimate will be prepared at 100%
complete plan set.
Task 10 - Bidding Assistance
During the bidding phase, the project manager/engineer will be available to answer
any questions that may arise, prepare addenda's if necessary, review bids, and assist
in the selection of a contractor as necessary; all as directed by the City.
Task 11 - Construction Engineering
During the construction phase, the project manager/engineer will be available to
attend and conduct the preconstruction conference, review and provide written
comments to the City regarding all contractor/supplier material or equipment
submittals, recommend and evaluate materials testing, perform bi-weekly project
inspections, assist in change order negotiations, and review and comment on all
contactor pay and change order requests.
Survey services will be provided to establish horizontal and vertical baseline control
for construction.
Post construction, one complete reproducible velum set of as-built plans will be given
to the City, along with a disc (in AutoCAD version formatted to be compatible with
the City's CAD system) of the as-built plans.
Schedule
We have prepared a chart (See Figure 1) that outlines the schedule we are able to
commit to in order to have the project under construction this spring.
11/9/2Q07
8
-
Proposal for Professional SerVic~
Mill Creek Greenway Park, Phase 1 - City of Woodburn, Oregon
5.0 Key Personnel Qualifications
We have assembled a unique and highly qualified team to assist the City of
Woodburn in designing and permitting the first phase of the Mill Creek Greenway
Trail.
Firwood Design Group, LLC has teamed with WOLD Environmental Consulting,
LLC to provide full service professional services for the project.
Key features of our project team are summarized as follows:
./ Strong project management skills, particularly relating to projects that
blend engineering and environmental design.
./ Wold Environmental is certified as both a woman owned (WeE) business
and emerging small business (ESe), certification # 4963.
./ Strong agency experience and preparation of joint removal fill permit
documents.
./ Extensive experience in the preparation of plans, specifications, and
estimates. Strong background working for public agencies and we are
very experienced in the preparation of public bidding documents.
./ Extensive experience in designing and implementing mitigation plans
and conducting mitigation monitoring.
Firwood Design Group, LtC
Firwood Design Group, LLC will be the lead consultant. Our firm is an emerging small
business, we have three professional engineers, two engineers in training, and two
drafters. Our survey group includes one professional land surveyor supported by two
technical draftsmen and two field crews. Many benefits are realized by our clients
with a small but focused firm. One of the most significant advantages is our ability to
maintain a low cost service with a high quality product.
Project Manager
Kelli A. Grover, P.E., Ms. Grover has over 12 years of professional experience in
civil! environmental engineering, including planning, design and construction
oversight.
Ms. Grover will be the project manager! project engineer and your day-to-day
contact and responsible for all communications with the City, attend all meetings and
schedule the work effort of the team.
Within the last five years Ms. Grover, has managed a variety of engineering projects
ranging from large sanitary sewer replacement projects, stormwater sewer
construction and fish-passage culvert construction. Ms. Grover has worked first hand
in the public sector as a project manager for the City of West Linn where she
managed sanitary and storm sewer capital improvement projects.
11/9/2007
9
-
Proposal for Professional Services
Mill Creek Greenway Park, Phase 1 - City of Woodburn, Oregon
Ms. Grover is also an experienced professional in integrating site design
improvements with special attention given to low-impact "green" designs with
consideration of the natural resources.
Areas of expertise:
. ,
. Stormwater Drainage, treatment, detention and conveyance design.
. Sanitary Sewer Collection and Conveyance systems
. Low Impact "Green" design.
Survey lead
Dan Gilbert, P.L.S., is the survey lead, Mr. Gilbert brings over 25 years of
experience as a professional land surveyor. Mr. Gilbert is a registered professional
land surveyor in the State of Oregon, and his a member of the Professional Land
Surveyors of Oregon. Typical projects have included boundary and property line
surveys, topographic and ftoodway surveys, and design and construction surveys for
street, sidewalk, and drainage improvement projects.
Recently Mr. Gilbert completed survey work related to a stream restoration project
along Johnson Creek for the City of Portland, OR. This project involved pre-
construction survey along with post construction survey as part of a long term
monitoring effort to evaluate movement of the large woody debris and channel
meandering.
Senior Designer
Brad Bakke, E.I.T., will be the lead designer assigned to this project. Mr. Bakke
brings over 10 years of experience as a civil engineering draftsman and his attention
to detail and breadth of knowledge insures accurate and complete designs.
11/9/2007
10
-
Proposal for Professional Services
Mill Creek Greenway Park, Phase 1 - City of Woodburn, Oregon
WOLD Environmental Consulting, LLC
. '.
Wetland Scientist
Dr. Louise Wold, PhD, PWS, CLM
Dr. Louise A. Wold is a Professional Wetland Scientist (PWS) and Certified Lake
Manager (CLM) with over 18 years experience as an environmental and natural
resources professional. Dr. Wold has managed a variety of projects ranging in scale
and scope from small one-acre sites to large multifaceted 2,300-acre projects. She
maintains a broad range of expertise in regulatory compliance, policy, and permitting
including Clean Water Act, Endangered Species Act, NOAA Coastal Zone Consistency,
and Essential Fish Habitat. Dr. Wold has provided technical expertise for a variety of
projects in accordance with local, state, and federal criteria including: wetland
delineations, permitting~ wetland creation, enhancement, wetland banking, wetland
and stream restoration design; fish friendly culvert design; functional site
assessments, endangered/threatened species studies, biological assessments,
habitat restoration, environmental impact assessments, and has successfully
obtained numerous permits for a variety of complex projects.
Areas of expertise:
. Aquatic Ecology
. Wetland Delineation
. Regulatory Compliance and Permitting
. Wetland Mitigation and Wetland Banking
Landscape Architect
Holly Mayer, R.L.A.
Holly Mayer has been involved in all phases of landscape architecture for over 14
years including project management, environmental planning, wetland restoration
and mitigation design, site engineering, and construction implementation. She is
highly experienced with graphic databases and computer design applications offering
a wide range of graphic and communication skills. Her professional expertise and
focus has been the integration of environmental design into the urban context,
specifically within urban watersheds and wetland ecosystems.
Areas of expertise:
. Areas of Expertise: Nature paths and trail systems
. Wetland mitigation design
11/9/2007
II
-
Proposal for Professional Services
Mill Creek Greenway Park, Phase 1 - City of Woodburn, Oregon
6.0 Qual/ty of Client Service and Work
As the lead consultant Firwood Design Group, LLC will be the primary point of
contact and readily available to meet with the City as needed both in person and
over the phone. We are in close proximity and can accommodate a meeting at a
moments notice.
Firwood Design Group, LLC has been operating since 2003 and started with three
employees. As a result of our firm's high quality of client service and work product
our firm has grown to employee sixteen people and continue to grow. We are
confident this is the result of our excellent reputation for providing a quality product
within budget and in a timely fashion. Our high level of client satisfaction is
demonstrated by our repeat clients and referrals. We have several clients for whom
we provided dedicated engineering services for all of their projects.
We achieve this specifically by :
. Maintaining regular, accurate and detailed project notes.
. Regular client communication
. Frequent project team meetings, progress checks and budget
reviews.
. QA/ QC review on every project before is leaves the office.
Our quality assurance and quality control is of high priority as this is the basis for our
reputation. We achieve this through regular team meetings and thorough plan
reviews by both the project engineer and the project team.
7.0 Fee Structure
A breakdown of our fee proposal, showing the dedicated staff and hours for each
task follows on the next page. The hourly rates as listed include mileage and
printing cost, no separate fee is applied. The salary costs for travel time have been
accounted for in the proposed fee, by incorporating associated hours.
8.0 Resumes
The resumes of key members of our project team may be found at the end of our
proposal.
11/9/2007
12
-
Kelli Grover
Firwood Design Group. LLC
WOLD EnVIronmental Consulting. LLC
m
I "E
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e c
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$85
r
Taaks II
1 - Project Management and I
Coordination I
- .___...__u__ - ...-------- ---- -------- -----r
___ ? ~_~!~_~~~~__~.!l~_m_app!l")fL___~
3- Environmental I 31
"---- ----..-.---- -~--~_._.._------_.-
4 - Property Research, Mapping,
_ __ ___ _ De~~ip-ti.o!:,l!)_~nd ~_~~~9 __ _
___~ l.)ti}!ty Loc~~!~n _~~<:! Coo~~in~~~m __
I I
i
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I :
I
I
------8~- Sp~~i~~~~~;-;~;~p~Cial - ~
f'~()",!~!oi!s _ ___ _ i
I
I
9- Quantities and Cost Estimates I
1- _m_____ m ___._________m_________ ----- -. --,
1___ ___ 1_0___ E?j~~~9~ssi~!.anc~ _ ____ I
1 !
I i
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I
Mill Creek Greenway Trail
Project Team
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8
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20
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:
I I
--SubtotaIMan~houri: 31 144 ---a-J-S8 --1-38 14 r 50
- m-u---='m_ ~ubt~@~Costl $2,635 $13,680 ~rt$5,1~~-jjI190J--$4,250
,
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-------- ------ i
____m_____ -- tOTAL FEet
TOTAL
HOURS FOG FEES EXPENSES
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$100
20
71
40 $3,800
8 30+- 54 $5,960
10 24 65 $5,885
8 14 $1,250
--
8: $760
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40 40 16 $9,900
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I
$3,8(
$5,9t
$5,8f
$1,2E
$7E
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I
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r.
-
Proposal for Professional Services
Mill Creek Greenway Park, Phase 1 - City of Woodburn, Oregon
RESUMES
11/9/2007
14
10
G
Task Name
. ,
Task 1 - Project Management
~
2 ~ Task 2 - Site Survey and Mappi\
3 8 Task 3 - Environmental
4 (3 Task 4 - Property Research, Ma
5 (3 Task 5 -Utility Location and CO(
6 (3 Task 6 - Preliminary Design
7 (3 City Review
8
Task 7 - Final Design
.....
9
8
Revise ,add details
10
[3
City Review
11
12
13
\111II
14 8 Task 11 - Construction Engineer\
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Project: Project schedulempp
Date: Tue 11/6/07
Task
Split
~UR.e.
-
Lead Consultant Firm Profile
Firwood Design Group, LLC is an emerging small business (ESB) that specializes
in environmental and natural resource consulting. FOG was founded by Bruce W.
Erickson, a registered Professional Civil Engineer who has provided sound consulting
services for over 35 years for a variety of public agencies, as well as numerous
private clients.
FOG's specific area of expertise includes surveying, planning and civil engineering
services in support of private and public infrastructure and site improvements. Work
for municipal agencies has included street and sidewalk enhancements, road and
pathway stabilization, sanitary sewer replacement and extensions, stormwater sewer
rehabilitation and replacement, and waterline and storage improvements.
Currently FOG's employs three professional engineers, two engineers in training, and
two drafters. Our survey group includes one professional land surveyor supported by
two technical draftsmen and two field crews. Many benefits are realized by our
clients with a small but focused firm. One of the most significant advantages is our
ability to maintain a low cost service with a high quality product.
PROJECT EXPERIENCE
Project: City of Banksl City of Vernonia State Park Trail Repair
Client: Oregon State Parks and Recreation Department
Completed: 2002
Project Summary:
Design and construction oversight of new embankments for two sections of
trail that had been washed out. Approximately 15,000 cubic yards of fill
had been washed out. The trail was built on an old railroad grade with a
fourteen foot wide gravel surface.
Project: Japanese Gardens Road Stabilization and Repair
Client: Portland Parks and Recreation
Completed: 2001
Project Summary:
Provided design and construction oversight for repairs to a section of roadway
that provides access to the Japanese Gardens in Washington Park. Work
involved determining the extent of fill to be replaced in an area of sunken
pavement to be repaired, and design of new pavement section.
11/9/2007
:-
Project: Steward State Park, Lost Creek Lake, Oregon
Client: Portland District, U.S. Army Corps of Engineers
Completed: pre-2000
Project Summary:
Provided design services for park amenities and infrastructure, including a
sewage system collection and treatment system, roads, parking areas, camp
and picnic areas, trails, boat docks and ramp, swimming beach, bathhouse and
restrooms, electrical system, water system, and landscaping.
Project: Trimble Loop
Client: Bill Trimble
Completed: on-going
Project Summary:
Design engineering plans for site development related to culvert replacement,
public pedestrian trail and street and utility improvements associated with a 9-
lot residential development.
Project: Trout Creek Bible Camp Bunkhouse Improvements
Client: Trout Creek Bible Camp
Completed: on-going
Project Summary:
Provided site survey, permitting assistance, and layout planning for new
bunkhouse units and associated pedestrian access trails. The site is heavily
wooded and local code requires thinning of tree for fire suppression. Surveyed
site and trees, determined extent of tree removal, provided permit assistance
and storm design for new bunkhouse units.
Project: Camp Namanu
Client: Campfire Girls, Inc., Clackamas County, OR
Completed: pre-2000
Project Summary:
Provided desig n services to construct a new water system and associated
improvements serving the camp.
11/9/2007
2
REFERENCES
-
Mr. Joe Fullman
Trout Creek Bible Camp
38105 Gordon Creek Road
Corbett, Oregon 97019
503-695-2948
Maryanne Hill
Government Camp Water Company
PO Box 67, Government Camp, OR 97028
503-272-3281
Andrew Tagliafico
Government Camp Sanitary District
PO Box 25, Government Camp, OR 97028
503-272-3515
David Queener
Clackamas County Development Agency
9101 SE Sunnybrook Blvd., Clackamas, OR 97015
503-353-4322
11/9/2007
3
Project Manager
Kelli A. Grover, P.E.
Kelll Grover is a Professional Environmental Engineer with over 12 years of experience
in civil/environmental engineering, including planning, design and construction oversight. She
has managed a variety of engineering projects ranging from large sanitary sewer
replacements, water transmission line construction, fish-passage culvert design and site
development. Most recently, she worked In the state of Washington managing and designing
various civil engineering projects. Ms. Grover has also worked in the municipal sector as a
project manager, overseeing sanitary sewer, storm sewer and water line repair and
replacement projects. From her experience as a public works project manager Ms. Grover has
developed a solid understanding of the capital Improvement process and an appreciation of
maintaining good communication between all entities involved in a project with special
consideration to the public.
Representative Experience
Trimble LOOD - Sandv. OR
Provided project management for site development related to culvert replacement, public
pedestrian trail and street and utility improvements associated with a 9-lot multi-family
development.
AA Rite-Wav Roofing - Gresham. OR
Completed a re-design for new parking improvements to accommodate a low-impact
application to manage and treat stormwater runoff from new impervious area. Worked with
landscape architect to achieve an aesthetically pleasing and functional vegetated swales.
Yu Commercial/ Retail Site Imorovements - Vancouver, WA
Project Manager for site development improvements related to a 13,500
Commercial/Retail Building. Low Impact "Green" designs were utilized to treat and
infiltrate the stormwater from the new impervious area of over an acre. Parking
planter strips were integrated into the site design and served not only to treat the
stormwater but added aesthetic appeal to the entire site. Project also entail securing
utility and access easements from neighboring property.
Grove Field Airoort Storm Sewer - Port of Camas/ Washouaal. WA
Project entailed long term planning storm water planning for future build-out and a
design for an immediate improvement to the airport facility. Conveyance analysis,
storm water treatment and detention were all components of this project. Using GIS,
land use overlays were prepared and drainage management options were prepared
along with estimated costs for each option.
Trout Creek Bible Came Bunkhouse Improvements
Provided site survey, permitting assistance, and layout planning for new bunkhouse
units and associated pedestrian access trails. The site is heavily wooded and local
code requires thinning of tree for fire suppression. Surveyed site and trees,
determined extent of tree removal, provided permit assistance and storm design for
new bunkhouse units.
Education
M.S., EnvlrQnme\1tal
Sciences, PQrtland
State University <in
progress)
B.S., Water Resource
Engineering,
Humboldt State
University
Professional
History.
Flrwood Design
Group, LLC,
Engineering Manager,
2007-present
Parati,
Project Manager,
2004-2007
City of West Linn
Project Manager,
1999-2004
City of Portland
Bureau of
Environmental
Services,
Engineer In Training,
1997-1999
Oregon Department
of Fish and Wildlife,
Field Biologist,
1996-1997
T.W. Environmental
Inc., 1995-1996
Registrations and
Certifications
Oregon, PE 1/ 67149
Washington, PEl 42599
Idaho, PE # 12447
Montana, PEl 17782
Certified River
Restoration Practitioner
Sanltarv Sewer and Water Replacement - West Linn. OR
Replaced 19th Century sanitary sewer pipe located In the alleyways of a historic residential
neighborhood. Public involvement with the local neighborhood association was key to this
projects success. The project was designed and constructed in two phases. Together the
phases involved Installing 3,600 LF of 8-inch PVC sanitary line; 3,800 LF water line of various
, . pipe sizes. Regular construction meetings and inspection was conducted to ensure smooth
progress and limited change orders.
Sanitary Sewer Reolacement - West Linn, OR
Designed 67SLF of 8-lnch sanitary sewer to replace a failing system. Project involved fiber-
optic crossings, collector road traffic control, and coordination with a neighboring Clackamas
County sanitary sewer and paving project.
Storm water Sewer Improvement - West Linn. OR
In adequate capacity of the storm sewer infrastructure resulted in reoccurring
flooding of a local residence. Project installed new collection basins and re-routed the
conveyance pipe through private property to connect to an existing storm sewer. The
project involved easement negotiation, landscape mitigation, and public Involvement
with the local neighborhood association.
NPDES Permitting, West Linn, OR
Managed NPDES permit implementation and compliance for all activities under the
jurisdiction of West Linn. Led the City through NPDES permit renewal process,
conducted negotiations with the Oregon Department of Environmental Quality in
conjunction with other permitting agencies. Oversaw water-quality-monitoring
program and public education to ensure permit compliance.
Fish Presence/Absence Survey, West Linn, OR
Provided project oversight and coordination with Oregon Department of Fish and
Wildlife to survey several streams with the city limits to determine the presence or
absence of fish populations in streams. Project was performed in response to
Endangered Species Act listings to better prepare the City of West Linn for
appropriate action and/or necessary permitting for future projects.
Fish Passage Culvert Replacement, West Linn, OR
Project involved cutthroat trout bearing stream with deficient culvert crossings under
two residential local access roads. Replaced 30" CMP culverts with precast concrete
bridge sections, open-bottom with fish rock installed. Managed DSL/USACE
permitting, performed preliminary design, coordination/design approval with ODFW,
and public involvement for road closures.
Streambank Stabilization - Miami River, Oregon
Project entails the placement of erosion control fabric to prevent mass wasting and
lateral cutting, installation of ].hooks and other in-stream structures to minimize the
effects of erosive flow events, and plant native riparian shrubs and trees to provide
biological and mechanical protection for a 170-foot reach of the Miami River.
Prlnlcpal
Bruce W. Erickson, P.E.
- 1_
- I .
Bruce Erickson is a Professional Civil Engineer with over 35 years of experience In civil
engineering. Mr. Erickson has served as a project engineer and manager on numerous studles,
design, and construction projects for private and municipal clients. These projects have
Included site and land development projects; street and sidewalk improvement projects; storm
drainage and surface water facility projects; sanitary sewer extension and pump station
projects; water main extension and storage facility projects.
Mr. Erickson currently serves as the engineer for the Government Camp Sanitary District, the
Government Camp Water Company and the Salmon Valley Water Company
Representative Experience
City of Banksl Citv of Vernonia State Park Trail Reoair
Project manager for design and construction of new embankments for two sections of trail that
had been washed out. Approximately 15/000 cubic yards of fill had been washed out. The trail
was built on an old railroad grade with a fourteen foot wide gravel surface.
Japanese Gardens Road Stabilization and Repair
Project Summary: Provided design and construction oversight for repairs to a section of
roadway that provides access to the Japanese Gardens in Washington Park. Work involved
determining the extent of fill to be replaced in an area of sunken pavement to be repaired,
and design of new pavement section.
Steward State Park. Lost Creek Lake. OreQon
Project manager for design of park amenities and infrastructure, including a sewage system
collection and treatment system, roads, parking areas, camp and picnic areas, trails, boat
docks and ramp, swimming beach, bathhouse and restrooms, electrical system, water system,
and landscaping.
Sidewalk Imorovement Proiect: for the City of Milwaukie. Oregon
Project manager for a Community Development Block Grant sidewalk improvement project, for
portions of 42nd Avenue, 37th Avenue, Washington Streett and Olsen Street. Improvements
included sidewalks, curbs, grading and pavement, drainage systems, retaining walls, and
some planting.
Hoodland Service Area: Clackamas County Service District No.1
Project manager for the design and construction of the Fairway Interceptor Sewer System and
the North Welches Interceptor Sewer System extensions, consisting of approximately 22,000
lineal feet of 8- to lQ-lnch diameter sewer pipe, 1,500 lineal feet of 4-inch diameter force
main pipe, and sewage lift station.
Columbia Boulevard Sewage Treatment Plant: Portland. OR
Project manager for the design and construction of a new plant outfall sewer, consisting of
approximately 7,000 lineal feet of 72-inch diameter pipe, including a slough crossing, railroad
crossing and existing outfall crossing
Water System Improvements: City of Oreoon City. OR
Project manager and engineer for the design and construction of approximately 51,000 lineal
feet of water mains and modifications to existing booster pump station.
~' :.
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. .
HistOf1' <
Flrwood Design
Group; LLC, Prlnclpa
Engln~eri 200;3-
pr~se~t. c'" .
.\' .
" \....
Compass. --
Engineering',
PrinciPill En~lneer
Manager, 199J-200Q,
" "
L1h & Associates
Office Manager, 199Q-
. 19911
Clackamas County
Department of
Utilities,
Manager of
Engineering,
1981-1996
Bruce W. Erickson
Consulting Engineer
Owner,
1976-1981
Stevens, Thompson
& Runyan Inc.,
Senior Engineer
1967-1976
Re~i,trations and
Afflll.tlons>
Oregon, PE#6743
Washington, PE #13607
Idaho, PE #- 2543
American Public Works
Ass.odatioh - Life
Member :'-
. -
American Water Works'
Assocfqtlol1 - Ufe
Member
American Society of Civil
Engineers -
Life Member
Civil Designer
Brad Bakke, E.I.T.
, .
. ,
Brad Bakke is a registered E.I.T. with over 10 years experience in the surveying and civil
engineering field. Mr. Bakke has designed and created construction documents for various
projects involving both Site and Subdivision design.
Representative Experience
TLC Credit Unions. Lincoln City and Newport, Oregon
Civil designer and drafter for the TLC Credit Unions for Lincoln City and Newport, Oregon. The
required design and improvements included stormwater detention calculations and layout,
parking lot grading, water and sewer utility design, and public street improvements.
Molalla Clinic Site Development and Public Improvements. Molalla. Oregon
Civil designer and drafter for the Molalla Clinic on-site improvements, public improvements for the
Highway 211 Street widening (ODOT), and the waterline - street extension for Hezzie Lane (City
of Molalla). On site design for the 5 acre site included storm water detention and water quality
calculations related to a large shallow detention pond f water quality swale system for the 3.5
acre parking lot and medical building facility. Storm water calculations involved basin drainage
resolution between the existing and "built out" site to the City of Molalla's Stormwater Master
Plan.
No-Name Street. Woodburn. Oregon
Civil designer and drafter for 250 If of new public road and Sidewalk for the city of Woodburn.
Hollvwood Video Warehouse ParkinQ Improvements. Wilsonville. OreQon
Civil designer and drafter for the parking lot improvements at the Hollywood Video Warehouse
Parking lot. On-site parking lot improvements included parking lot grading, segmental retaining
wall layout, and calculations relating to the water quality swale - storm water detention system
centered inside the parking area (the parking area is approximately 1 acre in size).
Jones Ridge Subdivision. Sandy OreQon
Civil designer and drafter for the 11 lot Jones Ridge subdivision located in Sandy, Oregon. The
required design and improvements included calculation and layout of 800 If of public road and
utility improvements (including water quality and underground storm water detention) relating to
the residential lots.
Parmele Estates Subdivision. Sandy. Oreqon
Civil designer and drafter for the 33 lot Parmele Estates subdivision located in Sandy, Oregon.
The required design and improvements included calculation and layout of 700 If of public road
and utility improvements (including water quality and underground stormwater detention) relating
to the 33 lot subdivision.
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pr~~~~;fQn~f ~js~O~Y
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. Firwood Design
Group, LLC: .".
, Civtl Designer '.'
2006.prese~t .
Don Cushing' '
Associates, ..
Civil Designer'
2001-2006.
OTAK;, .... .. .'
. Civil Designer'
2000: 20Q1' ,
Crane and Merseth
Surveying and
Engineering,
Civil Designer and
Surveying Technician
1998.2000
Boundary Locaters
(Boundary Surveying)
Surveying Technician
1995-1998
Registrations and
Affiliations
Registered E.!. T.
Oregon
CAD Designer
Richard Feucht, E.I.T.
~ ~ .
Rich Feuch is a registered Engineer In training with over 3 years of experience in civil
engineering, including design and construction oversight. He has helped to design a variety of
engineering projects ranging from transportation to site development.
Representative Experience
Cisco Kid Restaurant. City of Estacada. OR
Designed and drafted for commercial construction improvements consisting of driveway,
parking, sidewalks, curbs, sanitary service, water service, site grading and drainage systems.
Kosrow Commercial Comolex. City of Boring. OR
Designed and drafted commercial construction improvements consisting of driveway, parking,
sidewalks, curbs, retaining walls, grading, sewer and drainage systems.
Highland Meadows Subdivision. Welches. OR
Designed and drafted residential improvements consisting of driveway, grading, water, sewer
and drainage systems.
AA Rite Way Roofino. City of Gresham. OR
Designed and drafted commercial improvements consisting of grading, parking and
stormwater drainage systems for a light industrial facility.
pacific Hoe, Saw and Knife Comoany. City of Portland, OR
Drafted mitigation and remediation plans consisting of contaminated soil removal and
restoration of an area with clean fill and native vegetation for a soil remediation site along
Johnson Creek. Project involved environmental zoning overlays and associated regulations,
site planning application and development permit.
i"
~ I ',1
i, ".'
,,'
eCiu~a~lq,,:- I
8 .S;~.' Civil En.glt'l~erlng
Universityot '
SaskatchewCln,
Saskatoon, 5K
a.s: Computer Science
Unlversifyof'
Saskatc.hewan,
Saskatoon, SK
Professi()n.'
History
Firwood Design,
Group, LtC,
Civil Designer
2007-present
I nternational Road
Dynamlcs,lnc.
Northwest Regional
Rep,2000-2006
University of
Saskatchewan
College of
Engineering
Research Assistant,
1999-2000
Saskatchewan
Department of
Highways ahd
Transportation,
Soils Lab Technician
Summer 1999
Registrations and
Certifications
Oregon Engineer In
Training
Sub-consultant Firm Profile
Firwood Design Group, LLC is pleased to team with WOLD Environmental
Consulting, LLC. We have worked together for over two years on a variety of
projects and because we share a common value in quality and client satisfaction we
are able to provide an unmatched service.
WOLD Environmental Consultants, LLC (WEC) is a certified woman business
enterprise (WBE) and emerging small business (ESB) that specializes In
environmental and natural resource consulting. WEC was founded by Dr. Louise A.
Wold, a Professional Wetland Scientist and Certified Lake Manager, who has provided
sound environmental and natural resource consulting services for over 18 years for a
variety of public agencies, as well as numerous private clients.
The firm maintains a high level of integrity, professional ethics, and technical
expertise. Their services focus on aquatic and terrestrial ecology - wetland
delineations, biological/habitat assessments, regulatory compliance/permitting,
mitigation design, and monitoring, wetland banking, water quality studies, and lake
restoration and management. Specific public sector projects include regulatory
permitting for the city of Astoria; wetland consultant for the city of Willamina;
wetland technical advisor for Clean Water Services, Washington County.
WEC's staff has extensive expertise and experience in landscape architecture
designing and preparing park master plans, nature trails, educational pathways
within wetlands and buffer areas for a variety of public and private projects. Specific
nature trail and park projects include, Park and Recreation Master Plan for the city of
Banks, Villebois East SOO-acre Mixed Use Sustainable Planned Community for the city
Wilsonville, Oregon, Kays Interpretive Nature Trail and Wetland Buffer Restoration
Plan, city of LaCenter, Washington.
PROJECT EXPERIENCE
Project: Park" Recreation Master Plan
Client: City of Banks, Oregon
Completed: 2006
Project Summary:
../ Conceptual improvement plans and cost estimates for existing City parks
../ Development of a comprehensive trail system, which incorporated a
connection to the existing Banks-Vernonia State trail,
../ Integrated network of pedestrian and bicycle routes linking residents to
key activity areas such as schools, parks and local businesses.
../ Established funding alternatives and background data
11/6/2007
Project: Kay's Subdivision Interpretive Nature Trail .
Buffer Restoration
Private Client within La Center, Clark County, Washington
Completed: 2006
Project Summary: Project included Wetland evaluation, town, state, and
federal wetland permitting, mitigation design. Project components
included:
./ Permit documentation and approvals
./ Site design, planting plan, grading and drainage, details and
specifications for the restoration of degraded wetland buffer, and
incorporation of new interpretive nature trail.
./ Site amenities included the establishment of three distinct vegetative
communities for educational purposes, six-foot wide hazelnut shell
mulch pathway, interpretive signage, and benches with view of the
adjacent wetland and the East Fork of the Lewis River views.
./ Planting plan, grading and specifications for the rehabilitation of
approximately 0.60 acre of degraded wetland associated with historical
agricultural activities.
Project: Finley Wildlife Refuge
Client: United States Fish and Wildlife - Corvallis, Oregon
Completed: 2002
Project Summary: Designed and located various structural improvements for
public viewing of a S,OOO-acre national wildlife refuge. Project components
included:
./ Viewing structures with interpretive signage of native wetland and
prairie environments.
./ Structures to reflect the agrarian character of existing historic on-site
buildings
./ Minimizing impacts to plant life and wildlife habitat.
Project: Villebois East
Client: Wilsonville, Oregon
Completed: 2004
Project Summary: Provided design services for open space area within 500-
acre mixed-use sustainable planned community along Coffee Lake Natural
Area. Key project components included:
./ Design of central pedestrian plaza,
./ Interpretive trail with benches and wildlife viewing areas, streetscape
planting, native plantings along trail and in open space areas
./ Restoration plantings in the wetland buffer area.
11/6/2007
2
, !
, .
Project: City of Astoria Water Supply Diversion Projects, ACOEI DSL
Permitting
Client: City of Astoria
Completed:2007
Project Summary: Provided environmental consultation, technical expertise, and
permitting associated with the removal of silt and deposition material from behind
Bear Creek Diversion Dam#2. Key project elements included:
./ Temporary diversion dam design
./ ODFW consultation
./ ACOE and DSL coordination
./ Preparation of Removal Fill Permit
Project: City of Astoria Water Supply Diversion Project Cedar Creek,
ACOE/DSL Permitting
Client: City of Astoria
Completed: 2007 - 2008
Project Summary: Currently providing environmental consulting, technical
expertise, and permitting associated with the design and replacement of fish friendly
culverts along Cedar Creek and the removal of silt and deposition material from
behind Bear Creek Diversion Dam# 1. Key project elements included:
./ Fish friendly culverts
./ permanent diversion dam design
./ ODFW consultation
./ ACOE and DSl coordination
./ Preparation of Removal Fill P~rmjt
Project: City of Willamina, Wetland Consulting
Client: City of Willamina
Completed: 2007 - 2008
Project Summary: Currently providing environmental consulting, technical
expertise, and permitting associated with the design and replacement of stormwater
sewer line:
./ permanent diversion dam design
./ ODFW consultation
./ ACOE and DSL coordination
./ Preparation of Removal Fill Permit
11/6/2007
3
Mr. Thomas Morgan
City of Astoria
1095 Duane Street
Astoria, Oregon 97103
503.338.5173
REFERENCES
Mr. Tim McDonald
David Hill Development
233 SE 2nd Avenue
Hillsboro, Oregon 97123
503.572.8299
Ms. Terry Kinney
West Hills Development
735 SW 158tn Avenue
Beaverton, Oregon 97006
503.641. 7342
11/6/2007
4
\ ~r. LOUise A. Wold, .PWS, eLM
LPri~cipa11E~vironmental Scientist
Years of Experience - 18
Education
Ph.D., Environmental and Natural Resource
Sciences, Washington State University
M.S.. Aquatic Biology, Eastern Washington
University
B.S., Environmental Biology, Eastern
Washington University
professional History
WOLD Environmental Consultants, LLC,
PrincipaVEnvironmental Scientist,
2007- present
Wetland Specialists NW, LLC, Board of
Directors,2007-present
Parati, Division Director of Environmental
Services/Senior Associate, 2005-2007
The Chazen Companies, Manager of
Wetlands and Ecological Services,
2001-2005
Geographical Services, Inc., Aquatic
Biologist, 1996-2001
Ramm Associates, Assistant Planner, 1991-
1996
Adams and Clark:, Inc., 1989-1991
Registrations
Professional Wetland Scientist (# (580)
Certified Lake Manager (#4788)
USACOElWetland Training Institute
Certified (#276)
Woman Business Enterprise (WBE) #4963
Emerging Small Business (ESB) #4963
Professional Affiliations
Society of Wetland Scientists
PNW Chapter, SWS
North American Lake Management Society
National Association of Environmental
Professionals
Additional Training
Vegetation Identification for Wetland
Delineation, Rutgers University, NJ
Vegetation Identification for Wetland
Delineation Winter. Rutgers
University, NI
Nationwide Pennits Complete, Wetland
Training Institute, Atlanta, GA
W ADOT Biological Certification. Olympia,
WA
Dr. Louise A. Wold is a Professional Wetland Scientist (PWS) and
Certified Lake Manager (eLM) with over 18 years experience as an
environmental and natural resources professional. Dr. Wold has
managed a variety of projects ranging in scale and scope from one"
acre sites to 2,300"acre multifaceted projects. She maintains a broad
range of expertise in regulatory compliance, policy, and permitting
including Clean Water Act, Endangered Species Act, Clean Water
Services, NOAA Coastal Zone Consistency, and Essential Fish
Habitat.
Dr. Wold has provided technical expertise for a variety of projects in
accordance with local, state, and federal criteria including: wetland
delineations, permitting.. wetland creation, enhancement, wetland
banking, wetland and stream restoration design; fish friendly culvert
design; functional site assessments, endangeredlthreatened species
studies, biological assessments, habitat restoration, environmental
impact assessments, and has successfully obtained numerous
permits for a variety of complex projects.
As a CLM, Dr. Wold has conducted surface water quality studies for
both private and governmental agencies. Her services have included
in situ water and sediment sampling, data analyses, monitoring,
evaluations of food chain interactions, restoration and management.
Dr. Wold maintains expertise in aquatic invertebrate and
phytoplankton taxonomy has conducted a variety of stream and
riparian assessments, ecotoxicological studies and invertebrate
sampling.
Representative Experience
Technical Expert, Water Quality Evaluation Bryam Lake
Village ofMt. Kisco, Westchester County, New York
The Parks at Forest Grove Wetlands, Regulatory Compliance,
Mitigation Design & Monitoring
Forest Grove, Wasbington County Oregon
Arbor Homes Mitigation Design & Monitoring of 10 Projects
Washington County, Oregon
City of Willamina, Wetland Consultant
City of Willamina, Yamhill County, Oregon
City of Astoria Water Supply Cedar Creek and Bear Creek
Diversion Dam. #2, ACOEIDSL Permitting
City of Astoria, Clatsop County, Oregon
City of Astoria Water Supply, Bear Creek Diversion Project,
ACOEIDSL Permitting
City of Astoria, Clatsop County, Oregon
Nora Road Wetland Services
City of Beaverton, Washington County, Oregon
\ .l.IJ:. .LUUlse .t\. Wold., PWS, eLM
PrincipalfEnvironmental S~ie~ist ________
Clean Water Services Technical Advisor
Hillsboro, Washington County, Oregon
Creekside at Bethany, CWS Service Provider Letter. Permitting
City of Beaverton, Washington County, Oregon
Washougal River Road Wetland Delineation. Habitat Assessment & Restoration
Washougal, Clark County, Washington
Kays Property Wetland and Habitat Permitting, Wetland & Habitat Mitigation
City of La Center, Clark County, Washington
7th Day Adventist Church. Wetland Delineation & Riparian Habitat Area Evaluation
City of Washougal, Clark County. Washington
Leiser Point - Stream & Riparian Habitat Assessment
City of Vancouver, Clark County, Washington
Chelatchie Prairie Wetland Delineation & Wetland Bank Project
Chelatchie, Clark County, Washington
McKinley Avenue Road Improvements, Culvert Replacement. & Permitting
City of Kellogg, Shoshone County, Idaho
Streambank Stabilization Permitting & Engineering Design
Miami River, Garibaldi, Tillamook County, Oregon
Streambank Stabilizati.on for 500-foot section of Magnet Gulch
Kellogg, Idaho
Moon Gulch Wetland Permitting and Mitigation, Stream Restoration
Silver Valley, Idaho
Meadowcroft Wetland Mitigation Bank
Loon Lake, Stevens County, Washington
Galena Ridge Golf Community. Wetland Delineation, Permitting.. & Mitigation
City of Kellogg, Shoshone County, Idaho
Mack Road, Wetland Delineation, & Fish Friendly Stream. Crossing Permit
Union Vale, Dutchess County, New York
Neahkahnie Creek Wetland Delineation Project Highway 101
Manzanita, Tillamook County, Oregon
Juniper Creek Subdivision Wetland Permitting & Mitigation Planning, BA
Rockaway Beach, Tillamook County, Oregon
......... ....u'.u~e .n. nOla, rvv~, t.:LM
\ PrindpallEnvironmen~al Scientist___u_~u
Village at Summer Creek Wetland Delineation, Permitting, CWS Mitigation &
Enhancement
City of Tigard, Washington County, Oregon
Aumsville Mine - Wetland Delineation, Habitat Assessment, DOGAMI Permitting
Aumsville, Marion County, Oregon
Quail Gardens SNRO Permitting, CWSI City Vegetated Corridor Enhancement
Hillsboro, Washington County, Oregon
Rachelle Gardens Subdivision Wetland Permitting, Wetland & Buffer Mitigation
Beaverton, Washington County, Oregon
Washington County Drop Box Wetland Delineation & CWS Buffer Enhancement Planning
Hillsboro, Washington County, Oregon
Border Street Subdivision CWS & SNR Vegetated Corridor Enhancement Plan
Washington County, Oregon
Gales Creek Terrace Wetland Delineation, Permitting, Wetland & Buffer Mitigation
Planning
Forest Grove, Washington County, Oregon
Beekman Country Club - ETR Assessment, Wetland Delineation, Individual Permit,
Mitigation Design & Monitoring
Town of Beekman, Dutchess County, New York
Sleepy Hollow Moat Water Quality Assessment
Town of Sleepy Hollow, Westchester County, New York
Crum Elbow Water Quality Assessment & Pond Restoration Plan
Town of Hyde Park, Dutchess County, New York
Briarcliff Commons Water Quality Assessment, Monitoring & Restoration Planning,
Town of Greenburgh, Westchester County, New York
Valimar Pond Water Quality Assessment, Monitoring & Restoration
Town of Greenburgh, Westchester County, New York
Hidden Falls Pond, Water Quality Assessment, Restoration & Monitoring
Town of Rye Brook, Westchester County, New York
Brickyard Property Essential Fish Habitat Consultation within the Hudson River
City of Kingston, Ulster County, New York
Lake Carvel Water Quality Assessment
Dutchess County, New York
Ao'.... ~v,.u~\': n. nOla, rw:s, l.;LM
PrincipallEnvironmental Scientist
Newman Lake Restoration & Monitoring
Spokane County, Washington
Liberty Lake Restoration & Monitoring
Spokane County, Washington
, ,
, .
I ~uuy L. luayer, KLA
~ssociatelLandscape Arc~itect__
Years of Experience - 14
Education
B.L.A., University of Arkansas
Minor Degree, Geography, Environmental,
Soil, and Water
Professional History
WOLD Environmental Consultants, LLC,
AssociatelLandscape Architect., 2007-
present
Parati, Landscape Architect, 2005- 2007
Western Planning Associates, Inc.,
Landscape Architect., 2004-2005
Landesign Associates, LLC Managing
Partner, 2001-2005
Dennis Seven Dees, Landscape Architect,
1997-2001
National Home Center, Fayetteville,
Arkansas, 1994-1995
H & H Landscapes and Nursery, 1993
Registrations
Landscape Architect (#397) Oregon
Professional Affiliations
PNW Chapter, Society of Wetland
Scientists
Ecological Society of America
American Quaternary Association
1" ltive Plants Society
Society of Professional Geologists
Additional Training
Wetland mitigation design, construction.
and monitoring courses
LID methods and materials seminars
Constructed Treatment Wetlands-
Interstate Technology and Regulatory
Council
Native Plants of Oregon - Portland
Community College
Alternative Practices to Manage Highway
Stonnwater Runoff -Isaak Walton
League of America
Native Plants Specifications Workshop --
The Society for Ecological Restoration
Green Building Training - Sustainable
Communities Northwest
Portland Traffic and Transportation -
Portland State University
Holly Mayer has been involved in all phases of landscape
architecture for over 14 years including project management,
environmental planning, wetland restoration and mitigation
design, site engineering, and construction implementation.
She is highly experienced with graphic databases and
computer design applications offering a wide range of graphic
and communication skills. Her professional expertise and
focus has been the integration of environmental design into
the urban context, specifically within urban watersheds and
wetland ecosystems.
As staff landscape architect and environmental planner, Holly
has been instrumental in the design and preparation and
design of full construction document sets for park master
plans, nature trails, wetland and wetland buffer enhancement,
restoration and mitigation plans; streambank restoration
plans; constructed treatment wetland plans; and stormwater
treatment swales and infiltration facilities for a wide range of
ecosystems including marine, freshwater, and terrestrial
habitats.
Representative Experience
Park & Recreation Master Plan - City of Banks, Oregon
Kay's Subdivision Interpretive Nature Trail & Buffer Restoration - La
Center, Clark County, Washington
Villebois East 500-Acre Mixed-Use Sustainable Planned Community
- Wilsonville, Oregon
Duck Pond Cellars Constructed Treatment Wetland - Dundee, Oregon
Juniper Creek Wetland Mitigation Planning & Design, Rockaway Beach,
Tillamook County, Oregon
Galena Ridge Golf &; Residential Community - Kellogg, Shoshone
County, Idaho
Village at Summer Creek Wetland Delineation. Permitting, Vegetated
Corridor Mitigation &; Enhancement. City of Tigard, Washington County,
Oregon
American Honda Northwest Regional Facility Stormwater Harvesting
Analysis - Gresham, Oregon
Washougal River Road Habitat Mitigation Planning & Design- Washougal,
Clark County, Waghington
Barrington Square Apartments: Willamette Stormwater Control Program
Pilot Project, Bureau of Environmental Services - Portland, Oregon
Finley Wildlife Refuge, US Fish &; Wildlife, Design Services & Construction
Implementation. Corvallis, Oregon
\ nOllY L. lVlayer. KLA
As~ociate~andscape Architect
Quail Gardens Significant Natural Resource Permitting, CWS &.. City Vegetated Corridor
Enhancement Plan. Hillsboro, Washington County, Oregon
Rachelle Gardens Subdivision Wetland Permitting, Wetland & Buffer Mitigation. Beaverton, Washington County,
Oregon
Wasbington County Drop Box Wetland Delineation & CWS ButTer Enhancement Planning. Hillsboro, Washington
County, Oregon
Border Street Subdivision CWS & SNR Vegetated Corridor Enhancement Plan-
Washington County, Oregon
Gales Creek Terrace Wetland Delineation, Permitting, Wetland & ButTer Mitigation plAnning. Forest Grove,
Washington County, Oregon
Beaver Lake Estatea Lake Front, Greenway &.. Watershed Restoration Design - Clackamas County,
Oregon
Cresap Summit Subdivision Tree Protection & Mitigation Plans, Environmental Conservation - Portland,
Oregon
Portland Auto Auction Service Headquarters Stormwater Management Standards- Portland, Oregon
Oregon Heron Pointe Subdivision, North Park Development -
Fairview, Oregon
. ,
~,
. ,
- ,
"
EXHIBIT "e"
Letter and revised budget from Kelli Grover at Firwood Design Group,
Dated January 17,2008
Firwood Design Group, LLC
Surveying . Engineering . Planning
39120 Proctor Blvd., Suite #1 Sandy, Oregon 97055
Tel: 503-668-3737 Fax: 503.668.3788
January 17, 2008
Jim Row
Community Services Director
City of Woodburn City Hall
270 Montgomery Street
Woodburn, Oregon 97071
Re: Addendum to our Professional Services Proposal for the Mill Creek Greenway Trail Project
Dear Mr. Row,
As requested, this letter serves as an addendum to our original Mill Creek Greenway Trail
proposal for professional services dated November 9th, 2007. There are two addendum items,
as follows:
1- The budget has been revised for Task 7-Final Design and Task 11- Construction
Engineering. The hours assigned in Task 7 to the Wetland Scientist have been
reduced from 55 to 30, and 20 hours assigned to the Landscape Architect, resulting in
a new proposed task fee of $8,525. Additionally, the hours estimated for Task 11
have been increased to reflect more frequent construction inspections, to be more
aligned with the expectations of the City, resulting in a new proposed task fee of
$6,630.
The revised total project budget is $46,435, a copy of the revised budget is enclosed
for your records.
2- This addendum item is a clarification that the proposed scope and fee include the
preparation of wetland permits and the associated mitigation plan, as required by site
improvements related to the Mill Creek Greenway Trail project.
Our team looks forward to working with you on this exciting project. Should you have any
additional questions or points of clarification, please don't hesitate to contact me.
:~:r~~
Project Manager
Kelli Grover
Firwood Design Group, LLC
WOLD Environmental Consulting. LLC
~~ T -.'.,
1 - Project Management and
Coordination
? ~ Sjte~ll~~ .a!l~ l'!.I~pp'i~9 ____
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$85 $95
6
9
40
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6
8
20
20
12
no. _____'_ .. __ _ __ Subtota~ ~~.Tl.~~~urs _ ~~_ .__j~_
__ ___ _ _ __. ___.._.__~ubto~1 Cost. $2,635 $17,480
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Project Team
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$60 --$7~_ ,- $~30 +_$85
18 16 /27 I 23
~------ - - --'-~__t~--.-
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6
3- Environmental
- --'--~-----~"'-' --.- -
4 - Property Research, Mapping,
D~~ripti()ns_ an~__~~a~ing__
I 5- Utility Location and Coordination I
--. ~ _ ~:'i~j~~ry-DeSj:n n' '--r-
-_. _ . -- ~- -- -- _n______ 1_
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8- Specifications and Special
- --0-__ __ __E~~jsio!1~_____ --- t---
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_ 11-Construchon _ En9inee!in9 n ~ 48
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40
25
6
TOTAL
HQURS FOG FEES ~~'
TOTAL n
,~
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IV C
+='1\1
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$100
75 i
____\_____1_______ .--- ----r---
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I 54/ $5.960 ,$5,!
r I'-'~T
24 1---::1 :~~:--~- :~::
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16 I 116 $9,900 ____ $9,9
I
30 -t- 95
i
$8,525
$8,5
17f- $1,440
I
. 15/ $1. ,~20
8 $760
. 661_ $6.630
+-- -
I
_$205 !_.
i
$1,&
$1,3:
$7€
$6,6~
---+---
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$46,230, ---==1-
,
--.----1
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81 70
$6,885 $7,000
----_._.._~-~ --- - --." ----~-~---_.~-~~-------
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-----------.-. -------TOT AL FEET== ._=-=__
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$46,43~
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.
January 28, 2008
FROM:
Honorable Mayor and City Council through City ~~iS~~
Randy Rohman, Acting Public Works Director 4 ~
Julie Moore, C. E. Tech 1I1~
stop sign installation on Williams Avenue where it intersects with
Carol Street
TO:
VIA:
SUBJECT:
RECOMMENDATION:
Approve the attached resolution to allow the installation of a stop sign on
Williams Avenue where it intersects with Carol Street.
BACKGROUND:
Carol Street is a paved street between Lincoln Street and Williams Avenue and
was gravel between Williams and Hardcastle until recently when a new housing
development was built and the road was improved to standard specifications.
Williams is a paved street between Carol Street and Hwy. 99E.
DISCUSSION:
The Manual of Uniform Traffic Control Devices (MUTCD) states that stop signs can
be warranted on a street entering a through highway or street or with the
intersection of a less important road with a main road where the normal right-of-
way rule is unduly hazardous.
Both Carol Street and Williams Avenue are local roads. However, with the road
improvement eliminating the gravel portion, Carol will attract more traffic due to
multi-family residences and the commercial business in the area, which access
Carol Street. Williams currently has a stop sign at the intersection of Hwy. 99E.
Staff recommends that a stop sign be placed on Williams Avenue where it
intersections with Carol Street.
FINANCIAL IMP ACT:
Estimated cost for installation of one stop sign is $100 including materials and
labor, which will be funded from the regular Street Maintenance Budget.
Agenda item Review: City Administrator
/ City Attorney
Finane
24
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COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION DIRECTING THAT A STOP SIGN BE INSTALLED ON WILLIAMS AVENUE AT
THE INTERSECTION OF CAROL STREET.
WHEREAS, ORS Chapter 81 0 grants to the City of Woodburn, the authority to
install stop signs at various locations within the City limits, and
WHEREAS, the City Council has received and considered the attached staff
report recommending that a STOP sign be placed on William Avenue at the
intersection of Carol Street, NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That a STOP sign be installed on Williams Avenue at the
intersection of Carol Street.
City Attorney
~~S/200g
D te
Approved as to form:
~.~ tL)
Approved:
Kathryn Figley, Mayor
Passed by Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
26
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January 28, 2008
TO: Honorable Mayor and City Council through City Administrator
FROM: Mary Tennant, City Recorder ~
SUBJECT: Workers' Compensation Volunteer Coverage
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution to
extend Workers' Compensation coverage to certain classes of volunteers.
BACKGROUND:
City County Insurance Services (CIS) is the City's workers' compensation
insurance carrier for paid staff and volunteers. During annual renewal, the City
provides CIS with a payroll estimate for each class of volunteers that perform
work for the City. The premium costs incurred are based on actual hours worked
by volunteers using the Oregon minimum wage. CIS general liability insurance
does not cover volunteers if they are injured or sustain a work-related illness while
performing any duties arising out of and in the course of their employment as
volunteer personnel for the City since volunteers are entitled to benefits under
Oregon Workers' Compensation law.
DISCUSSION:
In October 2001, Resolution No. 1656 was adopted by the Council extending
workers' compensation coverage to volunteers in the Library, office clerical
staff, and park and recreation programs. CIS has requested that the City
provide an updated resolution on volunteer activities to be covered under
workers compensation since our fiscal year 2007-08 application only lists
coverage election for library and office clerical staff volunteers. In the event the
City needs volunteer coverage extended into other class codes during the
remainder of this fiscal year, the resolution allows for the extension of coverage
provided that CIS is given advanced notice of the coverage needed. In
regards to park and recreation volunteers, a special accident policy has been
in place for several years which covers recreation program volunteers while
participating in these City run programs.
Agenda Item Review: City Administrator ~ City Attorney
Finane
27
Honorable Mayor and City Council
January 28, 2008
Page 2
.
.
FINANCIAL IMPACT:
The estimated financial impact for fiscal year 2007-08 based on estimated
payroll of $10,000 is $21.00. The current fiscal year budget included the
estimated cost for insurance coverage within each department based on hours
of service provided by volunteers.
28
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION EXTENDING WORKERS' COMPENSATION COVERAGE TO
VOLUNTEERS OF THE CITY OF WOODBURN.
WHEREAS, the City wishes to protect its volunteer workers from injuries arising
out of the scope of their service to the City, now, therefore
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. Pursuant to ORS 656.031, workers' compensation coverage will be
provided to the classes of volunteer workers listed on the attached Volunteer Election Form
(Exhibit A), by reference incorporated herein.
Section 2. Non-public safety volunteers will keep track of their hours and have
their assumed payroll reported in the correct class code for the type of work being performed
using Oregon minimum wage.
Section 3. A roster of active volunteers will be kept monthly for reporting
purposes. It is acknowledged that City County Insurance Services may request copies of these
rosters during year-end audit.
Section 4. Unanticipated volunteer projects or exposure not addressed herein will
be added onto the City of Woodburn's coverage agreement (1) by endorsement, (2) with advance
notice to CIS, and (3) allowing two weeks for processing. It is hereby acknowledged that
coverage of this type cannot be backdated.
Approved as to form:
APPROVED
KATHRYN FIGLEY, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Mayor
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page I - Council Bill No.
Resolution No.
29
"EXHIBIT A"
(E) Inmates/Community Service Workers: If your entity uses workers from the
correctional system (Le., community service workers, inmates on work release, peer
review crews, etc.), it is important to clarify in writino who will provide workers'
compensation coverage for these workers prior to work inception. CIS recommends
you obtain a Certificate of Coverage for Workers' Compensation from the sentencing
court or make arrangements to provide coverage through your own entity. If you are
responsible for providing the workers' compensation coverage, be sure to keep monthly
time records for these workers and report them using Oregon minimum wage. CIS has
designated Class Code 7720V for this type of exposure.
(F) Miscellaneous: Assumed payroll for all other volunteer elections should be
computed at Oregon minimum wage using actual hours worked and reported in the
appropriate NeCI classification code with a "V' added to the end. Unanticipated
volunteer projects or exposure can be added throughout the coverage year (1) by
endorsement, (2) with advance notice to CIS, and (3) allowing two weeks for
processing. Coveraae of this tyoe cannot be backdated.
City County Insurance Services
Volunteer Election Form for Coverage Year 7/1/2007 to 6/30/2008
Multiply (1) X (2) X (3) X (4) = Estimated Assumed Payroll
Volunteer Category CIS (1) (2) (3) (4) (5)
Code Est. No. of No. of No. of Oregon 2007- 08
Volunteers Hours Months Minimum Estimated
per month per per Wage Assumed
month year ($7.50) Payroll
City Hall/County Courthouse 9015V
Maintenance
Clerical 8810V 2,500
College/School (manual labor) 9101V
Community Center 9102V
Court-Mandated Community 7720V
Service Workers
Emergency T elecommunicators 8810V
Garbage/Refuse 9403V
Golf Course 9060V
Interpreters 8810V
Library 8810V 7,500
Library & Museum Maintenance 9101V
lifeguards (pools) 9015V
lifeguards (beaches & rivers) 9102V
Meal site Volunteers 9079V
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January 28, 2008
TO: Honorable Mayor and City Council through City Administrator
Via: Scott D. Russell, Chief of Police V
FROM: Thomas P. Tennant, Captain
SUBJECT: 2008 OLCC Renewal
RECOMMENDATION:
City Council recommend to the Oregon Liquor Control Commission renewal of
liquor licenses for the listed businesses for the year 2008.
BACKGROUND:
The Police department is responsible for reviewing all liquor license applications.
The Department also conducts annual renewals, which take into account
activities occurring at or in the vicinity of all licensed liquor establishments in
Woodburn. Application reviews and annual renewals are conducted in
accordance with Council Resolution 1613, dated January 23, 2001, which
established guidelines and procedures for liquor license recommendations.
Through these guidelines and procedures, the City Council ensures equitable
and consistent treatment of liquor license applications. Adopted policy protects
the interest of the general public and provides consistent direction to staff in the
processing of liquor license.
Standards used by the Police department to evaluate applicants and license
holders include:
. Fights and assaults
. Liquor law violations by licensee or their employees
. Excessive or obtrusive noise
. Illegal drug use or sales on the premises
. Trespass on private property
. Public drunkenness
. Failure of licensee to take appropriate action to prevent or control
problems caused by patrons on the premises or within the local vicinity.
Agenda Item Review: City Administrator
City A Horney
Finance
31
Mayor and City Council
January 28, 2008
Page 2
.
.
Evaluation Guidelines and Criteria are as follows:
1. A recommendation to deny the renewal application will be made when
there are persistent problem involving the types of police calls listed above
related to the sales of alcohol.
2. The police department will automatically recommend denial of a renewal
application when there is a record of ten arrests, in the prior twelve months, of
employees or patrons of the licensed business for unlawful activities related to
the sale or service of alcohol under the license either on the premise or in the
vicinity.
3. Actions by the licensee, which might tend to mitigate the problems,
should be considered by the City Council. Examples of mitigating actions are
seeking and following recommendations by the OLCC, or police, and increased
security measures.
4. In addition to the criteria previously outlined, a recommendation for
denial of a license renewal may be made when there are persistent problems
involving police calls related to sales or service of alcohol not stemming from
calls for assistance from the establishment, within the preceding twelve months,
concerning unlawful activities by employees and patrons of the licensed
business, either on the licensed premises or in the immediate vicinity thereof.
5. The recommendation by the police department is only one component of
the liquor license recommendation process. Community input is significant
factor in a review of applications by the Council. With all licensing activities, it
must be remembered that the City recommends and OLCC grants or denies.
DISCUSSION:
Fifty (53) licenses were evaluated for renewal in 2008. These include 23 Off-
Premise Sales licenses, where alcoholic beverages may be sold, but not
consumed on the premises; 11 Limited On-Premise Sales establishments, where
beer and wine may be consumed on the premises; and 19 Full On-Premise Sales
licenses, where hard alcohol may be consumed on the premises. All 53 licenses
are recommended for renewal.
32
Mayor and City Council
January 28, 2008
Page 3
.
.
All liquor license establishments met the guidelines and policies established by
Resolution 1613 in the year 2001 without the need for comment. Those
establishments denoted by an "*,, have a compliance plan. Compliance plans
are developed to bring establishments into compliance due to a history of
serious and persistent problems or because of frequency of problems within the
immediate area.
The following liquor license applications are recommended for approval by the
police department:
Off-Premise Sales:
7-11 Store #2353-17416B
Bi-Mart # 643
Safeway Store # 1976
Crossroads Grocery & Deli
Salvador's Bakery I
E-Z Stop Market Grocery & Deli
A&J Market
Gary's Market # 1
Woodburn Shop N Kart
The Raven Inn
O'Donnell Enterprises (AM-PM Mini
Mart)
OlCC Store #60
Su Casa Imports
Grocery Outlet of Woodburn
Woodburn Stop N Go
Piper's Jewelry
Harry & David
Woodburn Fast Serve (Woodburn
Chevron)
Roadrunner V Woodburn
Young Street Market
Walmart Supercenter # 1793
US Market # 1 09
Your Northwest
la Azteca
Full On-Premise Sales:
* Chu's Eatery
* Los Cabos Mexican Restaurant
lupita's
Eagle's lodge #3284
OGA Members Course
Denny's at Woodburn
Senior Estates Golf & Country Club
Billy 0 Deli & Pub
Perla's Restaurant
Margarita's la Cantina
Elmer's Restaurant
The End Zone Sports Bar
Elk's lodge #2637
Rumors Bar & Gril
* Yun Wah Chinese Restaurant
The Bistro at Well Springs
The Raven Inn
* Cinco De Mayo Taqueria
Happy Garden Buffet
33
Mayor and City Council
January 28, 2008
Page 4
.
Limited On-Premise Sale:
Abby's Pizza Inn
Pizza Hut
Taqueria Guadalajara
Cactus grill Taqueria & Restaurant II
7 Mares Restaurant
Salvadors Bakery
FINANCIAL IMPACT:
None
.
Mugsy's Bagles
Shari's of Woodburn
Nuevo Arandas
Woodburn Lanes
Cactus Grill T aqueria
34
12/3/2007
City of Woodburn, Mary Tennant
WOODBURN
270 Montgomery St
Woodburn, OR 97071
OLCC LICENSE RENEWALS
Attached is the list of OLCC liquor licenses in WOODBURN that are eligible for license
renewal. These licenses will expire on 4/1/2008.
Oregon Revised Statute (ORS) 471.166 establishes the process for local governments to make
recommendations to the OLCC. It also requires the OLCC to notify licensees of the license
renewal application or processing fees charged by their local governments. According to our
records, you charge:
License Renewal Fee: $35.00
OtTPremises Fee: $35.00
We will direct renewal applicants to mail the renewal fees to the address on this letter. Please
notify us immediately if the fees or address are incorrect.
Approximately 40 days after the licenses expire, the OLCC will send you a list of the licensees
who filed a renewal application. You can use this list to verify that applicants have paid your
fees.
Recommendation Process:
You have unti I 2/6/2008 to exercise one or more of the following options:
I. Provide a written renewal recommendation to the OLCC for any or all of the licenses on
this list.
2. Make a written request for additional time to investigate a specific renewal or renewals.
The request must set forth the reason additional time is needed, state that the local
government is considering making an unfavorable recommendation, and state the specific
grounds being considered toward an unfavorable recommendation.
3. Take no action. After 2/6/2008, the OLCC will process the renewal
applications as if you made a favorable recommendation.
Please send any correspondence to OLCC License Renewals, P.O. Box 22297, Portland, OR
97269 2297. You can also contact our license renewal section at 1 (800) 452.6522, or at (503)
872.5121 or (503) 872.5122 in Portland.
35
12/03/2007 Local Government Notification: Renewing Licenses Page 1 of 2
Dial. License License
# Number Tradename Participant Type Premises Address
Local Government: WOODBURN
2 97113 7 MARES RESTAURANT DAMAS, OBDULlO M l 561C N PACIFIC HWY,
WOODBURN. OR
91691 7-ELEVEN STORE t#2353-17416B LONG, CARL E 0 893 N PACIFIC HWY,
WOODBURN. OR
94344 A & J MARKET A & J MARKET INC 0 134 HARRISON ST. WOODBURN
OR
89324 ABBY'S PIZZA INN OF DON-SUSIE ENTERPRISES INC L 1215 N PACIFIC HWY.
WOODBURN WOODBURN, OR
89147 BI-MART #643 BI-MART CORP 0 1600 MT HOOD AVE,
WOODBURN, OR
90416 Bill Y 0 DELI & PUB Bill Y 0 DELllLC F-COM 2267 COUNTRY CLUB RD,
WOODBURN, OR
91183 CACTUS GRILL T AOUERIA CACTUS GRILL TAOUERIA LLC L 1032 N PACIFIC HWY,
WOODBURN, OR
90954 CACTUS GRILL TAQUERIA & CACTUS GRILL TAQUERIA lLC L 1615 MT HOOD AVE,
RESTAURANT #2 WOODBURN, OR
89269 CHU'S EATERY CHU, ANNIE N F-COM 1390 N PACIFIC HWY,
WOODBURN, OR
CHU. PETER C
100718 CINCO DE MAYO TAQUERIA CABALLERO, ROBERTO I F-COM 450 N FIRST ST, WOODBURN, 01
CABALLERO. BATHSHEBA
89752 CROSSROADS GROCERY & DELI PARK, SANG C 0 303 N PACIFIC HWY,
WOODBURN, OR
90183 DENNY'S AT WOODBURN DENNY'S AT WOODBURN lLC F-COM 2919 NEWBERG HWY,
WOODBURN. OR
89378 EAGLES lODGE #3284 EAGLES LODGE #3284, F-CLU 371 S PACIFIC HWY,
WOODBURN WOODBURN WOODBURN, OR
91366 ELKS LODGE #2637 WOODBURN ELKS LODGE #2637, WOODBURN F-CLU 409 N FRONT ST. WOODBURN,
OR
91766 ELMER'S RESTAURANT WMCINC F-COM 255 ARNEY RD #100,
WOODBURN, OR
89464 EZ STOP GROCERY & DELI JABER. MOHAMMED 0 111 N FRONT ST. WOODBURN,
OR
90458 GARY'S MARKET #1 HAMMACK'S MARKETS INC 0 695 N SETTLEMIER AVE.
WOODBURN, OR
99763 GROCERY OUTLET OF GROCERY OUTLET INC 0 1575 MT HOOD AVE,
WOODBURN WOODBURN. OR
BROWNING, SHANNON
98240 HAPPY GARDEN BUFFET HAPPY GARDEN BUFFET INC F-COM 1575 MT HOOD AVE #130,
WOODBURN, OR
91299 HARRY AND DAVID #595 BEAR CREEK STORES INC 0 1001 ARNEY RD, WOODBURN. 0
90033 LA AZTECA TIENDA MEXICANA LA AZTECA INC 0 153 GRANT ST, WOODBURN. OR
91617 LOS CABOS MEXICAN LOS CASOS RESTAURANT INC F-COM 1565 N PACIFIC HWY,
RESTAURANT WOODBURN. OR
92545 LUPIT A'S OCHOA, MARTIN F-COM 311 N FRONT ST, WOODBURN,
OR
92918 MARGARITA'S LA CANTINA LEGENDS BAR & GRILL LlC F-COM 1593 MT HOOD AVE,
WOODBURN, OR
100918 MUGSY'S BAGELS HOl KEN ENTERPRISES LLC l 1585 N PACIFIC HWY SUITE F,
WOODBURN, OR
93074 NUEVO ARANDAS SEVilLA INC l 550 N 1ST ST. WOODBURN, OR
89712 O'DONNEll ENTERPRISES O'DONNELL, DEAN 0 2720 NEWBERG HWY,
WOODBURN. OR
91002 OGA MEMBERS COURSE MEMBERS CLUB INC F -COM 2850 HAZELNUT DR.
WOODBURN. OR
36
~ 2/03/2007 Local Government Notification: Renewing Licenses Page 2 of 2
Dist. License License
# Number Tradename Participant Type Premises Address
Local Government: WOODBURN
2 91773 PERLA'S RESTAURANT GUTIERREZ. MARICELA F-COM 553 N FRONT ST, WOODBURN,
OR
90274 PIPER'S JEWELRY PIPER'S JEWELRY INC 0 1727 MT HOOD AVE,
WOODBURN. OR
91164 PIZZA HUT PIZZA HUT OF SE KANSAS INC L 1425 MOUNT HOOD, WOODBURt
OR
89640 ROADRUNNER V WOODBURN L & L CONVENIENCE LLC 0 850 LAWSON AVE, WOODBURN.
OR
97085 RUMOR'S BAR & GRILL GTDINC F-COM 327 N PACIFIC HWY,
WOODBURN, OR
91075 SAFEWAY STORE #1976 SAFEWAY INC 0 1550 N PACIFIC HWY,
WOODBURN, OR
90379 SALVADOR'S BAKERY KEY ROSE ENTERPRISES INC l 405 N FIRST ST, WOODBURN, OF
90391 SALVADOR'S BAKERY KEY ROSE ENTERPRISES INC 0 405 N FIRST ST. WOODBURN. Of
82751 SALVADOR'S BAKERY 11I1 EL AVILES, RITA F-COM 320 N PACIFIC HWY,
CORRALEJO WOODBURN. OR
MELENDEZ, FRANCISCO A
AVILES, SYLVIA
97269 SENIOR ESTATES GOLF & SENIOR ESTATES GOLF & F-COM 1776 COUNTRY CLUB RD.
COUNTRY CLUB COUNTRY CLUB INC WOODBURN. OR
89925 SHARI'S OF WOODBURN SHARI'S MANAGEMENT CORP L 1543 MT HOOD AVE.
WOODBURN. OR
91580 SU CASA IMPORTS SU CASA IMPORTS INC 0 1032 N PACIFIC HWY.
WOODBURN, OR
92532 TAQUERIA GUADALAJARA TAQUERIA GUADALAJARA INC L 966 N PACIFIC HWY,
WOODBURN, OR
92662 THE BISTRO AT WELLSPRING THE SILVERTON HOSPITAL F-COM 1475 MT HOOD AVE.
WOODBURN. OR
91532 THE END ZONE B SYDNEY ENTERPRISES LLC F-COM 980 N PACIFIC HWY,
WOODBURN, OR
91115 THE RAVEN INN THE RAVEN INN INC F-COM 262 N PACIFIC HWY,
WOODBURN. OR
92214 US MARKET #109 US MARKET #109 LLC 0 398 N PACIFIC HWY.
WOODBURN. OR
90081 WAL MART SUPERCENTER #1793 WAL-MART STORES INC 0 3002 STACY ALLISON WAY.
WOODBURN, OR
90102 WOODBURN FAST SERV INC WOODBURN FAST SERV INC 0 2990 NEWBERG HWY.
WOODBURN, OR
92118 WOODBURN LANES WOODBURN LANES INC L 435 N PACIFIC HWY,
WOODBURN. OR
90496 WOODBURN SHOP 'N KART B & E 4 LLC 0 1542 MT HOOD AVE,
WOODBURN, OR
89714 WOODBURN STOP N GO O'DONNELL ENTERPRISES INC 0 100 ARNEY RD. WOODBURN. OR
89520 YOUNG STREET MARKET KIM, HYUN K 0 1030 YOUNG ST, WOODBURN,
OR
KIM, WON S
91840 YOUR NORTHWEST YOUR NORTHWEST INC 0 1001 ARNEY RD #416,
WOODBURN. OR
91006 YUN WAH CHINESE YUN WAH CORP F-COM 2288 COUNTRY CLUB RD.
RESTAURANT WOODBURN, OR
37
lID
~~
.
.
January 28, 2008
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: Spanish Language Classes
RECOMMENDATION:
It is recommended the City Council approve a budget transfer in the amount of
$750 (to be included in the list of adjustments presented to Council during the
mid-year review) to provide Spanish language instruction to City employees.
BACKGROUND:
Among the Council goals for 2007-09 is Community Engagement and
Communications to: "continue to provide for language translation in City offices
and at public meetings," "improve staff capability and consciousness through
training and recognition," and "emphasize high quality customer service."
Some of the means used in the past to reach these goals, related to Spanish
speaking customers, were to require Spanish language skills for certain positions;
provide certification pay to employees who use Spanish language skills to assist
the public; hiring a Community Relations Officer; and providing Spanish classes
to employees. Classes were held once, several years ago.
DISCUSSION:
I conduct monthly "brown-bag" lunches with City employees. One request
coming from the lunches is that the City reinstitute Spanish language training for
employees.
A positive response to this request is consistent with the Council's Community
Engagement and Communications goal and what was done in the past, so we
arranged for a course designed and provided by Chemeketa Community
College. The course began January 22, 2008 and will be held on Tuesdays and
Thursdays from 11 :30 am to 12:50 pm for the next seven weeks, in the Library
Community Room. The course includes basic level Spanish vocabulary and
Agenda Item Review:
City Administrator _
City Attorney
Finance
38
Honorable Mayor and City Council
January 28, 2008
Page 2
.
.
grammar, focus on work-related phrases, and Latino culture. Costs total $750.
27 employees are enrolled, but attendance is limited only by the size of the
room. Employees will participate in instruction during their lunch hour. Because,
for greater effectiveness, the coursework requires more than an hour per week I
am contributing, at City expense, an additional half hour per class for each
student.
Based on brown-bag conversations, it can be expected some of those currently
enrolled in this course will want to continue their progress. I believe it is
appropriate for the City to sponsor ongoing beginning classes until demand
subsides, and to sponsor a "next-level" class to help employees attain sufficient
proficiency to comfortably conduct simple conversations with our Spanish
speaking customers. Employees with higher level Spanish skills also asked for
support to improve their skills. That support can be provided by small
conversation groups led by the Community Relations Officer and other Spanish-
speaking employees. These conversation groups have not been initiated yet,
but can be held during a lunch hour, at no cost to the City.
FINANCIAL IMPACT:
Course costs total $750. This will be divided between the General fund, Street
fund, Water fund, Wastewater fund, Technical and Environmental (T&E fund)
and Norcom in amounts proportionate to the numbers of employees attending
from each of these areas. The majority of costs attaches to the General fund,
but will amount to only a few hundred dollars. Funding will be transferred from
contingencies in each of the affected funds, as part of mid-year budget
adjustments. This item was brought to your attention at this time, as payment to
Chemeketa for the class is required.
39
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January 28, 2008
TO:
Honorable Mayor and City Council
FROM:
John C. Brown, City Administrator
SUBJECT:
City Administrator Employment Agreement
RECOMMENDATION:
It is recommended the City Council approve, and authorize the Mayor to
execute, the attached Addendum to the Employment Agreement with John C.
Brown.
BACKGROUND:
I am employed pursuant to a four (4)-year employment agreement executed in
September 2004. The agreement establishes my compensation, benefits,
working conditions and rights, requires the Council to evaluate my performance
annually, and provides for merit-based salary increases. On January 14, 2008
you evaluated my performance for the period from October 1, 2006 through
September 30, 2007 and elected to increase my salary, retroactive to October
1, 2007, by six (6) percent, including the three (3) percent COLA that was
granted to me on October 1, 2007. The COLA was the same as was granted to
other management and non-union employees at that time.
DISCUSSION:
The attached addendum modifies the salary provIsion of the Administrator's
contract, effective October 1,2007. Other contract provisions are unchanged.
FINANCIAL IMPACT:
The attached agreement increases the City Administrator's base compensation
from $127,572 to $135,226.32 annually. Total salary and benefits will increase
from $178,632.19 to $187,915.28. The total cost of this increase in 2007-08 is
$6,962.40 and will be supported primarily by the General Fund. Funding to
support this increase is included in the City Administrator's budget for 2007-08.
Agenda Item Review:
City Administrat
City Attorney
Finane
40
ADDENDUM "c"
COMPENSA TION ADJUSTMENT
TO EMPLOYMENT AGREEMENT WITH
JOHN C. BROWN, CITY ADMINISTRATOR
THIS ADDENDUM TO AGREEMENT is entered into this 28th day of January 2008,
between the City of Wood bum, ("City"), an Oregon municipal corporation, and John C. Brown,
("City Administrator").
WITNESSETH
WHEREAS, City and City Administrator executed an Employment Agreement on September
27, 2004; and
WHEREAS, that Employment Agreement has been amended to reflect adjustments in the
City Administrator's compensation as a result of annual performance evaluations; and
WHEREAS, the City Council conducted an evaluation of City Administrator on January 14,
2008 for the one-year period ending September 30, 2007 and concluded the City Administrator meets
or exceeds applicable standards for his employment; and
WHEREAS, the City Council wishes to amend City Administrator's employment Agreement
to provide a compensation adjustment based upon the results of City Administrator's evaluation.
NOW, THEREFORE, in consideration of the terms, conditions and covenants contained
herein, the parties agree as follows:
The Employment Agreement is amended to add a new section 6 which shall read:
6. Salary. Effective October 1,2007, and through the remainder of the Services Period, City
agrees to pay employee a base annual salary of One Hundred Thirty Five Thousand Two
Hundred Twenty Six Dollars and Thirty Two Cents ($135,226.32) for services rendered.
Such amount shall be payable in installments at the same time as the regular employees of
City are paid. This amount includes the Cost of Living Adjustment (COLA) granted to
management and non-union employees effective October 1,2007, but is exclusive of the
COLA to which employee is entitled on July 1, 2008. Annually, after a satisfactory
evaluation by the City Council, an increase in salary will be negotiated.
In Witness Whereof, the parties hereto have executed this Agreement on the date written above.
City of Woodburn
City Administrator
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Johue. Brow~~-City Administrato-;:
Kathryn Figley, Mayor
41