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Agenda - 01/12/2009CITY OF WOODBURN CITY COUNCIL AGENDA JANUARY 12, 2009 - 7:00 P.M. KATHRYN FIGLEY, MAYOR DICK PUGH, COUNCILOR WARD ) ~. MEL SCHMIDT, COUNCILOR WARD II PETER MCCALLUM, COUNCILOR WARD III JAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V KRISTEN BERKEY, COUNCILOR WARD VI CITY HA!! COUNC!! CHAMBERS - 27O MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. City Hall and the Library will be closed Monday, January 19tH for Martin Luther King, Jr. Day. The Aquatic Center will be opened during normal business hours. B. Community Development Department will be holding an open house for the Downtown Development Plan Update on January 21, 2009, at 6:00 p.m. at City Council Chambers. Agpointrnents: C. Stakeholder's Working Group 4. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: A. Jim Hendryx B. Marion County District Attorney Walt Beglau 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn School District 6. COMMUNICATIONS None. "I~Ia~rit interpreter ~~ishoni~~~es r~ara aque~~c~s ~ersonc~s que no ~ja~alan Ing~es, pre.vio aeuer~o. Covrluniquese a~ (Sn3198o-2485•.. January 72, 2009 Council Agenda Page i 1 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. Community Services Department November 2008 Statistics 2 Recommended Action: Accept the report. B. Planning Project Tracking Sheet Recommended Action: Accept the report. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None 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. 3 A. Council Bill No. 2758 - An Ordinance vacating a portion of a b triangular permanent easement on 1274 5th Street, and declaring an emergency. Recommended Action: Adopt the Ordinance. B. Council Bill No. 2759 - A Resolution directly appointing the 11 engineering consultant firm Harper Houf Peterson 8 Righellis, Inc. to provide construction engineering services for the North Front Street improvement. Recommended Action: Adopt the Resolution. C. Council Bill No. 2760 - A Resolution entering into amendment 17 number 3 to clean water state revolving fund loan agreement No. R98413 with the state of Oregon and authorizing the City Administrator to sign such amendment. Recommended Action: Adopt the Resolution. January 12, 2009 Council Agenda Page ii D. Council Bill No. 2761 - A Resolution establishing the 23 compensation schedule for certain part-time hourly and seasonal employees. Recommended Action: Adopt the Resolution. E. Qwest Communications Settlement Offer 27 Recommended Action: Authorize the City Administrator to execute the proposed Settlement Agreement with Qwest Communications. F. Liquor License Change of Ownership Full On-premise Sales 37 Recommended Action: Approve a Change of Ownership application for Rumors Bar, Inc. 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS -These are Planning Commission or Administrative Land Use actions that may be called up by the City Covncil. A. Approval of DR 2008-05 and EXCP 2008-08, located at 1300 40 Second Street, tax lot 051 W07DA00800. Recommended Action: No action is recommended. B. Approval of CU 2008-01, located at 595 North Pacific Highway, 41 tax lot 051 W 17BB09300. Recommended Action: No action is recommended. 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 15. ADJOURNMENT January 12, 2009 Council Agenda Page iii 'a(~'r'.-.y_ ~'"~ U R ~~~., ~To DB N January 12, 2009 TO: Honorable Mayor and City Council FROM: Kathy Figley, Mayor SUBJECT: Appointments and Reappointments The following appointments are made, subject to the approval of the Council. Please forward any comments to me prior to the Council meeting on Monday, January 12, 2009. No reply is required if you approve of my decision. Downtown Development Stakeholder's Workins~ Grouo: Martin Ochoa Lela Quiroz Luis Qunitero Bruce Thomas Tom Flomer Frank Lonergan Elias Villegas Deb Yager Paul Kenfield David Sato Agenda Item Review: City Administrator "' ttorney N~ Finance 1 COMMUNITY SERVICES DEPARTMENT STATISTICS NOVEMBER 2008 Recreation Services Division Nov-07 Nov-08 Revenue: $2,109.25 $31,022.77 Expenditures: $21,090.54 $26,775.94 Program Attendance: Youth Sports: 0 234 Adult Sports: 186 168 Youth Programs: 0 8 Adult Programs: 5 4 Teen Programs: 341 626 After School Club: 1,103 1,669 Special Events: 0 0 TOTAL: 1,635 2,709 Aquatics Division 2007 YTD 2008 YTD $42,669.97 $73,178.75 $160,624.36 $134,024.82 476 720 1, 451 544 1,610 427 10 131 2,268 2,960 6,281 6,650 9,500 2,583 21,598 14,015 Nov-07 Nov-08 2007 YTD 2008 YTD Revenue: 7,882.94 10,701.22 $68,224.46 $87,223.90 Expenditures: 39,229.94 47,298.65 $233,789.39 $262,936.24 Cost Recovery: 20% 23% 29% 33% Attendance: 3,537 5,035 21,934 26,416 Lesson Enrollment: Group: 59 39 653 635 Adults: 8 0 16 4 Private: 1 4 28 44 4th Grade: 91 0 243 121 TOTAL: 159 43 940 804 Library Division Nov-07 Nov-08 2007 YTD 2008 YTD Revenue: $16,261.16 $20,491.57 $38,796.59 $48,572.16 Expenditures: $89,345.41 $96,004.89 $400,861.18 $433,396.43 Library Attendance: 12,925 15,586 76,217 86,529 Library Circulation: 11,332 11,288 57,587 60,863 Adult Prooram Count: 0 0 10 20 Adult Attendance: 0 0 3,700 3,815 Youth Service Prooram Count: 29 26 126 101 Youth Service Attendance: 382 462 2,526 3,123 Database Usage: 626 524 2,730 10,718 Adult Computer Usage: 3,350 3,967 21,316 21,214 Youth Services Computer Usage: 801 876 4,306 5,008 Room Reservations 6 8 21 34 New Adds: 529 377 2,587 2,004 Volunteer Hours Worked: 87 92 487 519 NOVEMBER 2007 2 PLANNtNE3 PROJECT TRACKING SftEET Rowsea: rntirslia~f, ,lant~y o8, 2009 Project Applicant Descxiption Status: Date Deemed 120 Day Plarmer Referrals FadYties Mail Notice Notice to Post Sd Rpt Due PC Hearing PC Final Appeal SrUelocation Received Complete Comp Gate Meeting for PC Paper Property Admin Dec. Order Deadline CPA 2008-01, City of Amend the Comp. Plan Reoarved 12129@008 Natalie Woodburn • to adopt the revised Labossiere Communitjr Parks and Recreation Services Master Plan as a sub- exhbit Cll 2008-01, Amokio conditional use Received 10/16/2008 11!20/1008 03120!2009 Don Dolenc 10/17!2008 11121/2008 11!2612008 12/04/2008 12!1112008 Benavidez DR 2008- Famnvorker Medium desityy residential Received 10/21/2008 1112012008 03120/2009 Carrie 10/2?12008 11/2112008 11126/2008 12/04/2008 12111f2008 05,EXCP 2008- Housing development g~~e 08 Deveopment Corporation (FNDC) FSUg 2006-01, Steve Fnel Subdivision Received 09103/2008 Don Dolenc 09112!2008 Famswortlr- approval Welkin Engineering 344 Hardcasde Ave. LA 2007-02, City of Legislative Amendment Received f 11'2612007 Natalie Woodburn Period Review Remand ~ City o(Woodbum LA 2007-03, City of tegislative Amendment Received 11/'16/2007 Natalie 05124/2008 05124!2008 06/0512008 06113/2008 0611312008 06/26!L008 Woodburn 270 Mon ~omery St labos9iere Page 1 of 1 3 PLANNING PRO.ritCi'~ ~N~P~r~ ~ t~3~G) Revised: Thtxsday, JBnua-Y 06, ~9 Project Applicant Sitel.ocation: Description BL 2008-140, Josue Tones Barreito 449 N Front ST paperwork seances PAR 2008-07, Theron Covey, Church~l 417 Catch Street Partition property into 2 parcels Leonani PUD 2006-01, ZC 2006-01, Boones Crossing, LLC - Parcels 1, 2 8 3 of Partition Modifications to Boones CU 2006-04. CPC 2007-01 Mike Harrks Plat2006-55 Crossing PUD Incomplete Ltr Status: Date Received Sent Out 120-App Received 180-Expiration: Planner incomplete 12/22/2008 4/21/2009 06!20/2009 Don Octant Incomplete 09/10/2008 10/212008 1!8/2009 03109/2009 Came Brennecke trxomplete 10/31/2006 2fZ8r2007 04/29/2007 Jam Allen Page 1 of 1 4 Type 1 Applications App Complete / Folder Name Applicant Project / PreApp Mtg SiteLocation Description Date Recd: P ~mple~mo Stalus: Planner: BL 200&140 Josue Torres Krascar International 449 N Front ST paperwork services 12/22/2008 Incomplete Don Dolenc Barreito FPUD 2007-02 Bryan Cavaness Boones Crossing Dahlia Street and 07/12/2007 Phase III Brawn Street FSUB 200&01 Steve Castle Coutt 344 Hardcastle Ave. final subdivision plan appro~ 09/03/2008 Famswtxth- Subidivision Welkin Engineering nAPP 2009-001 Mark Williams National Guard 1630 Park Ave. Addition and remodel of the armory and a 01/06!2009 Armory street exeption SIGN 2008-11 Advanced Electric Carl's Jr. Restaurant 1755 Mt. Hood Ave. (3) 25.75 sq. ft. wall signs 05/16f2008 Sign SIGN 200&10 Advanced Electric Carl's Jr, Restaurant 1755 Mt Hood Ave. 13.36 sq ft wall sign 05/16/2008 Sign SIGN 2008-27 Wal-Mart {Stlade Wal-Mart 3002 Sfacy Allison Modifications to an existing electripl sign 11124/2008 L O't]uinn WY BL. Business License EXT Extrnsion FPIiD ° Final PUD SIGN - Sign Permit TMK"C = T'rnyorary Marketing Pemdt TSP = Tenponry Sign Pemtit PAPP _ Prc-Application FNC ° Fence Petntit PLA - Properly Line Adi ThursAay, Ja~uaq~ 08,1009 Don Dolenc Received Don Ddenc Don Ddenc Hold Natalie Labossiere Hold Natalie Labossiere Don Dolenc 5 '~ ~; ~~~~ -fie ~'6~ W~~ WO BUR j~j ~~%~'`' r,,:,.r,:,,,,:,E ixs„ January 12, 2009 TO: Honorable Mayor and City Council FROM: Dan Brown, Public Works Director SUBJECT: 1274 5+~ Street Easement Vacation RECOMMENDATION: It is recommended that the City Council adopt the attached Ordinance vacating a portion of a triangular section of the existing permanent easement in 1274 5th Street, the Farmwarker Housing Development Corporation (FHDC) property.. BACKGROUND: The City Council directed staff to prepare an Ordinance for Council action vacating a portion of the triangular section of the permanent easement located in the northeast corner of 1274 5th Street. The decision by the City Council was made after the public hearing as required by law. DISCUSSION: The City Council initiated vacation proceeding on November 10, 2008 by adopting Resolution 1915. A public hearing was held on December 8, 2008 on the question whether the portion of the triangular permanent easement should be vacated. Upon conclusion of the public hearing the City Council considered the staff reports, public testimony, and the need for the proposed vacation and directed staff to prepare an Ordinance for Council action vacating a portion of the triangular section of the permanent easement in 1274 5th Street. No conditions of approval were established for the easement vacation. An emergency clause was added to the Ordinance so that it would take effect immediately and accommodate FHDC's project to rehabilitate its existing apartments. FINANCIAL IMPACT: The recording fees will be paid by FHDC to fund the process. Agenda Item Review: City Administrato ~ y Attorney 6 COUNCIL BILL N0.2758 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF A TRIANGULAR PERMANENT EASEMENT IN 1274 5TH STREET AND DECLARING AN EMERGENCY. WHEREAS, The City Council initiated the vacation proceedings of this portion of an existing permanent utility easement on November 10, 2008; and WHEREAS, Resolution 1915 fixed the time, place and date of a public hearing to receive public comment on whether that certain portion of a triangular permanent easement at 1274 5~' Street should be vacated; and WHEREAS, The City Council on December 8, 2008 held the public hearing on the question of vacation; and WHEREAS, the City Council has considered the public testimony, the staff reports, the need for the proposed vacation and the public interest herein; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: SECTION 1. The tract of real property subject to the vacation is legally described in Exhibit "A" to this Ordinance, which is incorporated herein. A sketch of the subject property is attached as Exhibit "B" to this Ordinance, which is also incorporated. SECTION 2. The Council finds that no oral objections were made at the public hearing and no written objections have been filed with the city for this vacation. SECTION 3. The Council hereby vacates that portion of the triangular section of the permanent easement referenced in Section 1. SECTION 4. Pursuant to ORS 271.150, a certified copy of this ordinance shall be filed with the Marion County Clerk. PAGE 1-COUNCIL BILL NO. 2758 ORDINANCE NO. 7 SECTION 5. This ordinance being necessary for the immediate preservation of the public peace, health, and safety in order to accommodate the property owner's desire to rehabilitate its existing apartments, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the mayor. Approved as to form: ~/ /• ~~ / Y ~ ~ ~ ~ 0 City Attorney Date 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 2- COUNCIL BILL NO. 2758 ORDINANCE NO. 8 W.B. Wells EXHIBIT "A" December 29, 2008 & Associates, InC. Surveyors • EnplMera • Plcmnen Exc~pllonal a~rv1w, ~-~. Cnatly~ aoluaern. '~ Cualay aeyond Your fxp•olaflon~ Eadner-t Vacation Description Nuevo Amanecer Phase I Job No. 2007-296 A Portion OFAn lEeaanent For Utility Facilities, With Al! Appurteaaoop Incident Theroto Or Necessary ThcreYVith, Recorded November 2, 1977 In Red I Ol, Pege 0749, Microfilm Records For Marlon County, In, Under And Across A Portion Of Pend 1 Of Partition Plat No. 93-1 S, Recorded March 2,1993 In Red 1837, Page 0403, MitxoBhn Rnoorda For Mario. County, Laaated In 1'he Southeast One-tZtlarter Of Section 7, Township S South, Range 1 West Of The Willamette Merldiso, City Of Woodburn, County Of Marion, State Of Orogpn, More Paitiaulariy Described As Follows: That Portion Of Said Eaeemeat Lying Northesaterly Of Engincer's Station l 142+75, As Shoan C!n Oregon State Highway Division Drawing No. 9B-8-14 Dated January 197I And Southwesterly Of A Liae Lying Paraild To And 2.00 Fat Northeasterly Of 17re NortheaaterlyLine Of An F.xiaNng Boildiryt At Approximately Engineor's Station ! 143+79, Aa Shown On The Accompanying Sketch And By This Reference Made A Part Hereof , :S:e?!~ ~' Ort~aoel .a~lxta, ~laso RANDY L AGJPM~fIpDl to _ _ ~E8: ~2~5• ~o 4230 N.E. Fremont 91. • Portland, OR 97213 • Errx]N: Intoewbwalb.COm • Fax: 5A9/28A-8530 • Phone: 50S/28A-b696 EXHIBIT "B' Norao'oo'E z9s.zs~ -,1~-•- ` T \` '~.. .~.~ T ~ ~ ~y 1 ~x`~~'~ °-~1 ~ ~ ~ PARCBL 1 ~~ i ~ emu; \ , PA$TITION PLAT N0. 93-15 ~~ \ ~ \\ ` y ~i ~~~ ~ ~ ~ PORTION OF EASEMENT ~/~ilq~~ ~ TO BE YACATEO ~ i ~~ ~ *//~ ~ ~ i '' S1t+i ~ ~ ~ ~ ~ ,,y~y~~ 5t~ ~ s- \\ \ ~_ \ ~ \\ 2 \ A1~ i REGISTERED ¢Pi ~ ~ \ PROFESSIONAL ~ ~ \ 63'1. ~~ LAND SURVEYOR ?. \ ~ ~3 ,,6 4 ,~nYO~% ee4 ~'~ ~t1 RANDY L ROHI~R $' ~ y, ~ Q 2107 ~~ EXPIRES 12-51-10 ~~ ,l EASEMENT NOTES ~ (\` ~ 8~ ~1 U491FD ACCESS PROVISIONS AND PET8IAIENT SIAPE AND ~/ ~Ga`~4~ DR/ilAGE EASE4ENT IN DEED TO STATE OF OREGON, BY AlNTTNRDUCN RS STA1E HGHWAY COMMISSION RECORDED ~~~ lfA OCTOBER B, 1977 IN BOOK 115, PAGE OE84, DEED AECOIiDS U2 AN EASp1ENT fOR U11UTY PURPOSES TO THE C11Y OF N~DODBURrI PER DOCI1MENi RECORDm NWEMf#R 2, 1977 N REEL 101, PACE 0749, fW RECORDS. EASEMENT SKETCH FOR NUEVO AMANECER PHASE I 1274 fFifl STREET Ml T}E SE 1 4 OF SECINII 7, 755, RIN, IIL 011Y CF , MARlDN CWN1Y. OREOON 10 ~~~ W B RN ln; orrrra rrA rAR4 January 12, 2009 TO: Honorable Mayor and City Council through City Administrator In Capacity as Local Contract Review Board FROM: Dan Brown, Public Works Director SUBJECT: RESOLUTION: DIRECT APPOINTMENT OF HARPER HOOF PETERSON 8 RIGHELLIS, INC. TO PERFORM CONSTRUCTION ENGINEERING PROFESSIONAL SERVICES FOR THE NORTH FRONT STREET PROJECT RECOMMENDATION: By resolution, award by direct appointment a contract to the engineering firm Harper Houf Peterson 8~ Righellis, Inc. (HHPR) for the performance of Construction Engineering professional services required for the construction of the North Front Street Improvement capital improvement project. BACKGROUND: The City of Woodburn selected HHPR as the most qualified firm to perform the design of the North Front Street Improvement project. The City selected HHPR through a competitive Request for Proposal process consistent with local contracting rules and Oregon Revised Statute 279C. The contract for design services initially negotiated with HHPR was for the sum of $225,815 and awarded on February 28, 2007. The contract has since been amended twice for a current contract amount for design services of $289,515. The scope of services solicited in the Request for Proposal under which HHPR contract for design services was awarded did not include Construction Engineering services required during the construction phase of the Project delivery. The City has awarded a construction contract for Phase I of the North Front Street Improvement project and is in need of acquiring Construction Engineering professional services. Agenda Item Review: City Administra ty Attorney ~y~`=~ Finance 11 Honorable Mayor and City Council January 12, 2009 Page 2 DISCUSSION: Past City practice has been to amend a professional services contract to include Construction Engineering. Due to the fee amount associated with providing Construction Engineering professional services for the North Front Street Improvement project, it is recommended that Council approve acquiring these services under a separate contract. There are specific benefits to the City in retaining the professional services of the engineering firm that performed project design to perform Construction Engineering. Construction Engineering consists of the following general tasks outlined below: • Provide baseline control for construction • Provide on-site inspection services • Maintain daily inspection reports • Provide City with technical assistance in addressing local, state, and federal regulatory requirements that may arise during construction • Provide City with technical assistance for coordination with local utilities and the railroad during construction • Interpret the contract documents for construction compliance with design intent • Review and approve submittals, shop drawings, schedules and other contractor supplied documentation for compliance with contract documents • Schedule and witness field and laboratory tests prescribed in the contract documents • Determine suitability of on-site materials to be used in construction • Provide technical justification for any work or materials rejected due to non- compliance with contract documents • Review claims from the contractor for additional compensation, time extensions or both as a result of extra work • Submit written progress reports (monthly} for work completed, delays encountered, schedule revisions, or work modifications Provide technical assistance to the City in processing progress payments for work completed and reconciliation of final payment • Provide final project status report, including project cost summary and as-built drawings in both mylar and electronic format The engineer of record responsible for the design and preparation of the contract documents is best prepared to provide the Construction Engineering services required for a project. Project continuity, as well as accountability for design and contract documents, is maintained by having the professional responsible for preparing the contract documents provide the technical assistance needed to execute the construction contract. 12 Honorable Mayor and City Council January 12, 2009 Page 3 Oregon Administrative Rule Model Rules 137-048 recognizes the need for retaining professional services while a project is being delivered. Local Contracting Agencies can obtain professional services by direct appointment "that consist of or are related to Architectural, Engineering and Land Surveying Services or Related Services that have been substantially described, planned or otherwise previously studied in an earlier Contract with the same Consultant and are rendered for the same Project." The City used a formal selection procedure described in rules applicable to a Local Contracting Agency under ORS 279A.065 at the time the City selected Harper Houf Peterson 8 Righellis, Inc. to perform the Design Engineering Services. FINANCIAL IMPACT: The Construction Engineering contract amount of $277.636 is for all phases of construction for the North Front Street Improvement Project. The combined fees paid to HHPR for both design and construction engineering services is $567,151. The professional services costs associated with the Project will be incurred regardless of the contract award procedures used. The direct appointment of HHPR is estimated to provide some cost savings to the City in that the transition to providing Construction Engineering services is a natural progression for providing professional services for capital project delivery. Awarding the Construction Engineering to another firm would entail some inefficiency with a third parry familiarizing themselves with the contract documents. In the event that there are future claims associated with this Project, the addition of another engineering firm to the project delivery team for providing Construction Engineering services may complicate the efforts to address those claims. A third party responsible for Construction Engineering is required to refer any changes to the construction documents to HHPR for approval as the engineer of record. Another significant cost to the City avoided by the direct appointment is staff costs associated with the preparation and processing of an RFP for Construction Engineering services. Issuance of an RFP for award of Construction Engineering services to an engineering firm will result in a delay to starting Phase I of the Project and could result in a delay claim from the construction contractor. In summary, staff feels there is significant cost avoidance benefit associated with the City awarding the Construction Engineering services to HHPR by direct appointment. 13 COUNCIL BILL N0.2759 RESOLUTION NO. A RESOLUTION DIRECTLY APPOINTING THE ENGINEERING CONSULTANT FIRM HARPER HOUF PETERSON 8 RIGHELLIS, INC. TO PROVIDE CONSTRUCTION ENGINEERING SERVICES FOR THE NORTH FRONT STREET IMPROVEMENT PROJECT WHEREAS, the City Council, acting as the Local Contract Review Board, has the authority under the City's public contracting rules, and consistent with Oregon Administrative Rule 137-048, Model Rules for Consultant Selection: Architectural, Engineering, and Land Surveying Services and Related Services Contracts, to award a public contract by direct appointment; and WHEREAS, the requirements of the City consist of Construction Engineering Services that have been substantially described, planned and otherwise previously studied in earlier Contract with Harper Houf Peterson 8~ Righellis, lnc. and are related to the same Project as the Design Engineering Services rendered under the previously awarded Contract; and WHEREAS, the City used a formal selection procedure described in rules applicable to a Local Contracting Agency under ORS 279A.065 at the time the City selected Harper Houf Peterson 8~ Righellis, lnc. to perform the Design Engineering Services; and WHEREAS, it is in the public interest to directly appoint Harper Houf Peterson &Righellis, Inc. to provide Construction Engineering Services for the North Front Street Improvement Project. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Council, acting as the Public Contract Review Board, hereby directly appoints Harper Houf Peterson & Righellis, Inc. to perform Construction Engineering Services for the City in an amount not to exceed $277,63b.00. Section 2. This direct appointment is bored upon the Findings attached as Exhibit "A" and incorporated herein. Page 1 - Council Bill No. 2759 Resolution No. 14 Section 3. The City Administrator is outhorized to execute a contract with Harper Houf Peterson 8~ Righellis, Inc. consistent with this Resolution. Approved as to form: ~ ~/~~ _ ~ g ~° ° ~ City Attorney Dat 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 2 - Council Bill No. 2759 Resolution No. 15 Exhibit A FINDINGS SUPPORTING DIRECT APPOINTMENT OF HARPER HOOF PETERSON AND RIGHELLIS, INC. TO PROVIDE CONSTRUCTION ENGINEERING SERVICES FOR THE NORTH FRONT STREET IMPROVEMENT PROJECT 1. The City currently has a contract with Harper Houf Peterson and Righellis, Inc. to provide Design Engineering Service for the North Front Street Improvement Project. 2. The Design Engineering Services contract with Harper Houf Peterson and Righellis, Inc. was signed by the City on February 28, 2007 for a sum of $225,815. 3. The Design Engineering Services contract with Harper Houf Peterson and Righellis, Inc. has been amended twice for a new contract amount of $289,515. 4. The Design Engineering Services contract scope of work that Harper Houf Peterson and Righellis, Inc. is currently working under does not include Construction Engineering Services. 5. The City has awarded Phase I of the North Front Street Improvement Project and apre-construction meeting with the Contractor was held on December 11, 2008. The need for Construction Engineering Services is immediate. 6. The negotiated fee for Harper Houf Peterson and Righellis, Inc. to provide Construction Engineering Services for the North Front Street Improvement Project is $277,636. 7. The combined contract amount for Harper Houf Peterson and Righellis, Inc. to provide both Design Engineering Services and Construction Engineering Services for the North Front Street Improvement Project is $567,151. The total fee is significantly less, by percentage of the total project cost, than is typical for an urban street improvement project. 8. Harper Houf Peterson i~ Righellis, Inc. is the most qualified to perform Construction Engineering Services because they designed the project. 9. A third party consultant brought into the North Front Street Improvement Project at this time would have to defer to the Harper Houf Peterson 8~ Righellis, Inc., as engineer of record for the design, to address Construction Engineering interpretation of the plans and specifications. Changes to the plans and specifications needed must be performed by the engineer of record. 10. There is no financial benefit to the City in awarding Construction Engineering Services to a firm other than Harper Houf Peterson &Righellis, Inc. Page 1 16 ~~ W' BvRN lxr: rya. Arrd rn,Y9 January i 2, 2009 TO: Honorable Mayor and City Coun 'through City Administrator FROM: Ben Gillespie, Finance Director SUBJECT: Clean Water State Revolving Fund Loan Amendment Number 3 to Agreement No. R98413 With The State of Oregon RECOMMENDATION: Approve the resolution entering into Amendment Number 3 to Clean Water State Revolving Fund Loan Agreement No. R98413 with the State of Oregon, Department of Environmental Quality, and authorizing the City Administrator to sign said amendment. BACKGROUND: At the Juiy 9, 2007 meeting Council approved Resolution 1861 that authorized entering into Clean Water State Revolving Fund (CWSRFj Loan Agreement No. R98413 with the State of Oregon and authorized the City Administrator to sign said loan agreement. The loan agreement offered a low interest loan for facility planning. The loan was for afive-year time period and repayment begins after project completion. The City has received Amendment Number 3 to Loan Agreement No. R98413 which increases the amount of the loan to $600,000 from $450,000. DISCUSSION: The cost of planning of the next phase of sewer plant expansion will exceed the amount of this loan. The City had requested an increase of $250,000 (for a total of $700,000), but DEQ approved only a $150,000 increase. This low interest (1.10%) will cover most of the planning cost and the balance will be funded by an interfund loan. FINANCIAL IMPACT: The increased amount of the loan will increase the amount of debt service payable in the future, which will be built into future rates. Agenda Item Revie~ City Administra ' y Attorney !~' ~', Fin 17 COUNCIL BILL N0.2760 RESOLUTION NO. A RESOLUTION ENTERING INTO AMENDMENT NUMBER 3 TO CLEAN WATER STATE REVOLVING FUND LOAN AGREEMENT NO. R98413 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AMENDMENT. WHEREAS, the City of Woodburn has determined that the City needs to accomplish wastewater facilities planning in order to comply with the City's National Pollution Discharge Elimination System permit, and WHEREAS, the State of Oregon acting by and through its Department of Environmental Quality is authorized to enter into Clean Water State Revolving Fund loan agreements and disburse funds pursuant to OAR 340-054-0065(2), and WHEREAS, the City of Woodburn through Resolution 1861 authorized entering into Clean Water State Revolving Fund Loan Agreement No. R98413 and for the City Administrator to sign said agreement, and WHEREAS, the State of Oregon acting by and through its Department of Environmental Quality, has provided Amendment Number 3 to Clean Water State Revolving Fund Loan Agreement No. R98413 modifying loan interest rates, NOW THEREFORE: THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into Amendment Number 3 to Clean ~~Iater State Revolving Fund Loan Agreement No. R98413 which is affixed as Attachment "A", and by this reference incorporated herein, with the State of Oregon acti::y b: d through its Department of Environmental Quality, to increase the amount of the loan. Section 2. That the City Administrator of the City of Woodburn is authorized to sign Amendment Number 1 to Clean Water State Revolving Fund Loan Agreement No. R98413 on behalf of the City. '~/y~ Approved as to form: ~r ~ / ~~ ~ ~ 2~~ O City Attorney ate APPROVED: Kathryn Figley, Mayor Page 1 COL!NC? .BILL NO. 276Q RESOL! 'ON NO. 18 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Attest: Mary Tennant, Recorder City of Woodburn, Oregon Page 2 COUNCIL BILL NO. RESOLUTION NO. Page 2 COUNCIL BILL NO. 2760 RESOLUTION NO. 19 OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY ATTACHMENT CLEAN WATER STATE REVOLVING FUND Page Of PAGE 1 CLEAN WATER STATE REVOLVING FUND LOAN AGREEMENT NO. R AMENDMENT N0.3 CITY OF WUODBURN This Amendment No. 3 to Loan Agreement No. R98413 (as amended "Loan Agreement") is executed between the STATE OF OREGON ACTING BY AND THROUGH ITS DEPARTMENT OF ENVIRONMENTAL QUALITY ("DEQ") and the City of Woodburn (the "Borrower"), effective as of the Effective Date of Amendment indicated below. Capitalized terms used in this Amendment which are not defined herein shall have the meanings assigned to them in the Loan Agreement. The purpose of this amendment is to increase the amount of this planning loan, at the City's request Date of Original Agreement: July 19, 2008. Effective Date of Amendment No. 1: August 10 , 2008. Effective Date of Amendment No. 2: December 7, 2007. Effective Date of Amendment No. 3: Dccember 26, 2008. The parties agree as follows: I . ARTICLE I (C) is amended and restated as follows: "(C) LoaN AMOUNT: $600,000." 2. The second sentence of ARTICLE 5(C)(1) is amended and restated as follows: "Until the Final Loan Amount is calculated, the Loan Reserve Requirement is $62,272." ;. The attached `'Appendix A: Repayment Schedule" replaces the current "Appendix A: Repayment Schedule". Except as expressly amended above, the terms and conditions of the Loan Agreement shall remain in full force and effect. CITY OF WOODBURN; R9 ~ 20 LOAN AGREEMENT A1viENDMEV'I' #3 ATTACHMENT _~_ OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY P8 8 Ot 9 ~..._. CLEAN WATER STATF. REVOLV[NG FUND PAGE 2 By: BORROWER: CITY OF WOODBURN By: Typed Name: Title: STATE OF OREGON ACTING BY AND THROUGH ITS DEPARTMENT OF ENVIRONMENTAL QUALITY Neil Mullane, Water Quality Administrator Date: Date: CITY OF WOODBURN: R98413 21 LOAN AGREEMENT AMENDMENT #3 ATTACHMENT _~_, OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY Page ~ of ___?Z___ CLEAN WATER STATE REVOLVING FUND PAGE 3 APPENDIX A: REPAYMENT SCHEDULE BORROWER: City of Woodburn ANNUAL INTEREST RATE 1.10% SRF LOAN NO .: R98413 TERM IN YEARS: 5 LOAN AMOUN T: $ 600,000 PAYMENT AMOU NT: $ 68,513 LOAN FEE: 0.0% ANNUAL FEE: 0.0% Due -------------------PAYMENT--------------- Principal Date Pmt# Principal Interest Fees Total Balance 600,000 6!1/2009 1 0 6,100 0 6,100 600,000 12/1/2009 2 65,213 3,300 0 68,513 534,787 6/1/2010 3 65,572 2,941 0 68,513 469,215 12/1/2010 4 65,932 2,581 0 68,513 403,283 6/1/2011 5 66,295 2,218 0 68,513 336,988 12/1/2011 6 66,660 1,853 0 68,513 270,328 6/1/2012 7 67,026 1,487 0 68,513 203,302 12/1/2012 8 67,395 1,118 0 68,513 135,907 6/1/2013 9 67,766 747 0 68,513 68,141 12/1/2013 10 68,141 375 0 68,516 0 TOTALS 600,000 22,720 0 622,720 REQUIRED LOAN RESERVE: S 62,Z7Z CITY OF WOODBURN: 18413 22 LOAN AGREEMEN"f AMENDMEN"r #3 /-'~ W ~N r„,.,~~,.,~,e ,asp ~- January 12, 2009 TO: Mayor and City Council through City Administrator FROM: Mary Tennant, City Recorder N~ SUBJECT: Minimum Wage Increase RECOMMENDATION: Council adopt the accompanying Council Bill which provides for an increase in the hourly rate to meet minimum wage law requirements plus pay range/step adjustments for related positions to maintain equity compensation between classifications. BACKGROUND: Under the current State minimum wage law, the Bureau of Labor & Industries Commissioner calculates the Cost of Living Adjustment (COLA) in September with hourly rate increases (rounded to the nearest five-cents} to be implemented on January lsf of the following year. As a result of the Commissioner's 2008 calculation and effective January 1, 2009, the minimum wage will increase from $7.45 per hour to $8.40 per hour based the U.S. City Average Consumer Price Index for all Urban Consumers for AN Items (CPI} of 5.37%. DISCUSSION: The City has an hourly rate schedule for Part-time /Seasonal employees (Exhibit A) with the first pay range level beginning with the minimum wage hourly rate followed by 5% adjustments between steps. Under the City's Personnel Policy manual, part-time employees are eligible for merit increases on either their anniversary dote or following completion of 1040 hours within the step, whichever is longer. The majority of our part-time employees work less than 20 hours per week therefore it takes them one year or longer before they are eligible for a merit increase. This schedule also provides for 5% increases between pay range levels to compensate employees who have greater responsibilities and/or lead worker responsibilities over other employees. Agendo Item ReviF v: City Administrat ity Attorney ~~~ Finance 23 Mayor and City Council January 12, 2009 Page 2 FINANCIAL IMPACT: The total estimated financial impact for fiscal year 2008-09 is $5,481 ($4,642 in wages and $839 in benefits) whereas annually, based on current year budget projections of part-time hours, the financial impact is estimated at $10,962 ($9,284 in wages and $1,678 in benefits). All of the positions affected by this hourly rate increase are included in the General Fund budget for Library and Park and Recreation programs. Funding to support these hourly rate adjustments for the remainder of this fiscal year are included in the current year General Fund budget appropriations. 24 COUNCIL BILL NO.27b1 RESOLUTION NO. A RESOLUTION ESABLISHING THE COMPENSATION SCHEDULE FOR CERTAIN PART-TIME HOURLY AND SEASONAL EMPLOYEES. WHEREAS, the City Council is obligated per Section 11 of the Woodburn City Charter to establish compensation for each City officer and employee; and WHEREAS, the minimum wage paid to employees effective January 1 of each year is established by the State of Oregon; and WHEREAS, the City Council recognizes the need to adopt a hourly rate schedule to maintain compliance with State law and maintain proper equity compensation between classifications; now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The hourly rate schedule for Part-Time /Seasonal Employees (Exhibit A) is hereby adopted effective January 1, 2009, a copy of the exhibit is attached for reference. Approved as to Form :`~: /~ ~ ~ City Attorney APPROVED ~ `~, 2 d ~ ~ to KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTF,ST Mary Tennant, City Recorder City of Woodburn, Oregon Page 1 - COUNCII, BILL NO.2761 RESOLUTIO?`.' NO. 25 Exhibit "A" PART-TIME /SEASONAL EMPLOYEES Effective January 1, 2009 CLASSIFICATION STEP A STEP B STEP C STEP D STEP E PS-1 Cashier 8.40 8.82 9.26 9.72 10.21 Lifeguazd Recreation Aide Office Assistant /Clerical Aide Water Safety Instructor Aide Library Page Park Maintenance Aide PS-2 Head Lifeguard 8.82 9.26 9.72 10.21 10.72 Recreation Leader Fitness Instructor PS-3 Aquatics Center Clerk 9.26 9.72 10.21 10.72 11.26 Water Safety Instructor Recreation Assistant PS-4 Recreation Program Mgr. 9.72 10.21 10.72 11.26 11.82 PS-5 10.21 10.72 11.26 11.82 12.41 Special Recreation Pgrm Mgr PS-6 10.72 11.26 11.82 12.41 13.03 Special Projects Manager Aquatics Prgm Mgr Lifeguard Supervisor 26 ~~ ~ / /' • \ n~l' 'w ODBURj~J jw.. r~•; x.11:,1 1 A,4 Y January 12, 2009 TO: Honorable Mayor and City Council through City Administrator FROM: Ben Gillespie, Finance Director ~, SUBJECT: Qwest Communications Settlement Offer. RECOMMENDATION: Authorize the City Administrator to execute the proposed Settlement Agreement with Qwest Communications. BACKGROUND: Under the terms of its current franchise, Qwest pays the City 7% (seven percent) of its gross revenues earned on its local "exchange access" or dial tone services as a franchise fee. In 2002, seventy cities in Oregon joined together to audit their franchise agreements with Qwest to determine whether the proper amount of franchise fees was being paid. The decision to audit Qwest was mode after an average decline of 25% in franchise fees paid to the cities overall several quarters, without any credible explanation for the decline from Qwest and after a 2002 Federal District Court ruling affirming the legality of franchise fees under the Federal Telecommunications Act. To facilitate the audit, Woodburn and the other cities entered into an intergovernmental agreement to create the Oregon Municipal Audit Review Committee ("OMARC"). OMARC selected Maximus, Inc. to perform to audit. Despite typical franchises providing for mandated annual franchise fee reviews, Qwest informed OMARC and Maximus that it would be unable to begin the audit until 2006, due to "corporate-wide legal, financial and staffing difficulties." Among other things, Qwest indicated that there were 200 audits scheduled ahead of OMARC's review. ORARC considered pursuing legal action to force Qwest to perform the audit in a more timely manner, but after weighing the cost and time such litigation could take, OMARC decided instead to use this intervening time to focus on another pending audit involving Verizon. Agenda Item Review: City Ad ity Attorney 27 Honorable Mayor and City Council January 12, 2009 Page 2 DISCUSSION: Franchise audits typically address two questions: 1) whether the correct lines of revenue are included in the franchise fee base; and 2) whether all home and business addresses are correctly coded to a city so that the revenues from these addresses are included in that city's franchise fee base. Lines of revenue The OMARC steering committee believes that there are no significant unidentified or disputed revenue streams that would affect the Qwest audit based on the results of the Verizon audit. The only disputed revenue streams found in the Verizon audit were those from federal accounts and pay phones. There are few federal offices located in Woodburn. Qwest sold its pay phone business to FSH Communications in 2004. Though pay phone revenue would be included in the review through 2004, pay phone revenues have plummeted as cell phone use has increased. Address matching We know from the PGE Oregon audit in 2001 and the Verizon audit that address matching is a very time consuming affair. Each participating city must create a list of all the addresses within its city boundaries. The city must then compare Qwest's list and the city's fist. A list of unmatched addresses between the two lists (a `discrepancy report') is created and volleyed back and forth between Qwest and the city until all addresses are reconciled or agreed upon. Because the process comes down to disagreements over individual addresses, staff frequently must perform field work to verify addresses. This can be simple in a very small city, but is daunting if not impossible in larger cities with thousands of address discrepancies. Some cities opted to hire Maximus on a side contract for this work. Woodburn chose to perform these tasks in house. Settlement Offer In January of 2007, Qwest approached ORARC with an offer to settle the audit by paying a total amount of 2% (two percent) of all franchise fees paid to all of the OMARC cities between 2000 and 2005. This equates to $1,400,000.00 sta#ewide. Woodburn's estimated share of this settlement amount is $16,077.00 28 Honorable Mayor and City Council January 12, 2009 Page 3 I recommend that the City accept Qwest's settlement offer based on the following: • The high cost of staff time needed to perform a more comprehensive review of the 2002 Qwest database. • Maximus is unable to complete the audit due to staffing issues. Qwest has agreed to work with each city to ensure correct address coding from this point forward. • Woodburn's rights are preserved for future audits from 2006 forward. • Qwest indicates that management involved in the current audit and settlement offer are retiring in the near future. No predictions can be made on what type of settlement, if any, future management would present. • Due to the age of the audit data and the stage of the unfinished audit, it is unlikely that a more favorable settlement would be presented to the City in the future. FINANCIAL IMPACT: This decision is anticipated to have no public sector financial impact. Attachment: Settlement Agreement 29 SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is between Qwest Corporation ("Qwest"), a Colorado corporation, and the City of Woodburn, an Oregon municipal corporation. Qwest and the City are referred to collectively herein as "the Parties." RECITALS A. Qwest pays a franchise fee of 7% of gross revenue earned within the City's corporate limits. B. A group of Oregon cities formed the Oregon Municipal Audit and Review Committee ("OMARC"), to review and analyze Telecommunications Fee revenues received from Qwest ("Review"). C. OMARC formed the OMARC Steering Committee ("Steering Committee") to make certain administrative decisions on behalf of the Oregon Cities in undertaking the Review. D. On January 22, 2003, the Steering Committee sent Qwest a notice of intent to review Qwest's payment of the City's Telecommunications Fee on behalf of the members of OMARC. E. Qwest and the City have not yet undertaken the Review, and no final determination has been made with respect to whether Qwest underpaid the Telecommunications Fee to the City during a review period commencing on January 1, 2000 and continuing through December 31, 2005 ("Review Period"), which, if underpaid, would constitute a debt to the City. F. Qwest and the City aze desirous of avoiding further expense in undertaking the Review, and desire and agree to provide for payment, in accordance with the terms of this Agreement, and thereby to settle and resolve any and all potential claims and disputes between them with respect to the Telecommunications Fee during the Review Period ("the Claim"). 30 G. Qwest and the City have reached an amicable resolution of the outstanding issues and wish to effectuate a payment by Qwest, with such actions resulting in full satisfaction and settlement of all outstanding claims for the Telecommunications Fee during the Review Period. NOW, THEREFORE, the Parties, through their undersigned representatives who are fully authorized to take the actions contemplated herein, pursuant to the foregoing recitals and in consideration of the following mutual promises, covenants and agreements, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows: AGREEMENT 1. Telecommunications Fee. The City and Qwest agree that, in consideration for the payment of the Claim, in the amount set forth in Section 3 hereof, that Qwest shall be deemed to, and shall have paid all of the Telecommunications Fee that was due and owing for the Review Period, including interest or penalties, and, that upon payment of such amount, the City shall not undertake any collection activity with respect to the Telecommunications Fee for the Review Period. 2. Effective Date. The Effective Date of the Agreement shall be the date of the last signature hereon, however, it is the intent of Qwest to enter into a similar agreement with 47 other Oregon cities listed in Exhibit A and notwithstanding the date of the last signature in this Agreement, this Agreement will not be effective until the date of the last signature on a1148 Agreements with each of the Oregon cities listed in Exhibit A. Should an Agreement not be secured by Qwest with any one of the 48 Oregon cities listed in Exhibit A, this Agreement will not be effective. 3. Amount. Qwest agrees to pay the City, and the City agrees to accept from Qwest, as full satisfaction of the Telecommunications Fee for the Review Period, within 30 days of the Effective Date, the total. amount of $16,077 ("the Amount"). The City agrees that no further Telecommunications Fee, including interest or penalties thereon, shall be assessed for the Review Period by the City, and the City agrees to take no further action in any administrative or -2- 31 judicial proceeding to collect such Telecommunications Fee, with respect to any Telecommunications Fee accruing during the Review Period. Receipt by the City of payment of the Amount shall constitute a release by the Parties of all claims, known and unknown, that each party may have against the other with respect to the Telecommunications Fee for the Review Period ("Released Claims"). Payment shall be made at the address provided for notices in Section 9 of this Agreement. 4. Taxes and Fees. This Agreement does not apply to, or release Qwest from payment of any taxes or fees, other than those described in the First Recital of this Agreement. 5. No Admission. The Parties agree that this Agreement is a full and complete compromise of the Claim and is made solely for purposes of settlement and that by entering into this Agreement none of the Parties aze making any admissions as to the substantive factual or legal issues regarding the Claim, and that in the event of future disputes regarding payment of the Telecommunications Fee that become due and owing after the Review Period, that this Agreement may not, and shall not, be introduced into evidence in any administrative or judicial action. 6. Voluntarily Entered. The Parties represent and warrant that this Agreement is entered into voluntarily by the Parties with full knowledge of the consequences and implications of the obligations set forth herein. The Parties also represent and warrant that they have had the opportunity to be represented by counsel of their choice throughout the negotiations which preceded the execution of this Agreement, and in connection with the preparation and execution of this Agreement, and that they have carefully and thoroughly reviewed this Agreement in its entirety. 7. Exclusive Purpose. The terms and conditions of this Agreement are made solely for the purpose of resolving outstanding claims for the Telecommunications Fee during the Review Period, do not constitute an admission of fact, and may not be used by either party in any other action or proceeding. -3- 32 8. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement and may be amended or modified only by a writing signed by the Parties hereto. 9. Notices. All notices required or permitted to be given or to be made upon any party hereto shall be in writing and shall be personally delivered or telecopied, and also sent by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed to have been received for purposes of this Agreement on the day the notice is personally delivered or telecopied and deposited in the mail. (a) All notices to Qwest regazding this Agreement should be sent to: Andrew E. Ottinger, Vice President -Corporate Tax Qwest Corporation 1801 California Street, 25`h Floor Denver, Colorado 80202 Fax: (303) 672-5902 (b) All notices to the City regarding this Agreement should be sent to: City of Woodburn, (EIN# 93-6002282) Scott Derickson, City Administrator 270 Montgomery Woodburn, Oregon 97071 Fax: (503}982-5243 l0. Waiver of Costs, Etc. In connection with this Agreement, each party shall bear its own cc:~ts related thereto, including, but not limited to, attorney fees and each party waives any claim for any award of costs, disbursements or attorney fees in this matter. 11. Governing Law; Venue. The terms, provisions, interpretations and enforcement of this Agreement shall be governed by the laws of the State of Oregon, without regazd to conflict of laws analysis. Any litigation between the Parties arising out of or related to this Agreement shall be brought and maintained in the Circuit Court for Marion County, Oregon. Provided, if any litigation arising under this Agreement is brought in a federal forum, it shall be brought and maintained in the United States District Court for the District of Oregon in Portland, Oregon. -4- 33 12. Binding Obligation. The obligations of the Parties set forth in this Agreement shall be binding on the Parties, their successors and assigns. 13. Warranty of Authority. Each party to this Agreement hereby covenants and represents that the individual signing on its behalf is fully empowered to bind the party to the obligations and commitments set forth herein. 14. Counterparts. This Agreement may be executed in counterparts and by facsimile, and, if so executed, will be effective as if simultaneously executed at the time of receipt of the last executed counterpart. 15. Final Agreement. This Agreement is final and conclusive in all respects and all right to question the same by appeal or otherwise, is hereby waived. 16. No Party Deemed Drafter. The settling Parties agree that this Agreement has been negotiated by the settling Parties, by and through their respective counsel, all of whom have participated in the drafting hereof. The Parties agree that any rule of construction which provides that a document is to be construed against the draftsperson shall not apply. 17. Severability. In case any one or more of the provisions of this Agreement shall be found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Agreement shall not in any way be affected or impaired. Further, any provision found to be invalid, illegal or unenforceable shall be deemed, without further action on the part of the Parties to this Agreement, to be modified, amended and/or limited to the minimum extent necessary to render such clauses and/or provisions valid and enforceable. 18. No Assignment. City represents and warrants that it has not previously pledged, encumbered, assigned or transferred, or purported to pledge, encumber, assign or transfer any Released Claims. -5- 34 IN WITNESS WHEREOF, the undersigned Parties have duly executed this Agreement to be effective on the date as set forth in Section 2 hereof. QWEST CORPORATION CITY OF WOODBURN By: (signature) By: (signature) Name: Name: Scott Derickson (print) (print) Title: Title: City Administrator Date: Date: -6- 35 EXHIBIT A List of Oregon Cities participating in this Settlement Agreement, collectively referred to as the "Oregon Cities": CITY OF ADAIR VILLAGE CITY OF ALBANY CITY OF ASHLAND CITY OF ATHENA CITY OF BAKER CITY CITY OF BEND CITY OF CANNON BEACH CITY OF COLUMBIA CITY CITY OF CORVALLIS CITY OF COTTAGE GROVE CITY OF DALLAS CITY OF EUGENE CITY OF FALLS CITY CITY OF FLORENCE CITY OF GLADSTONE CITY OF GRANTS PASS CITY OF GRESHAM CITY OF HAPPY VALLEY CITY OF HERMISTON CITY OF INDEPENDENCE CITY OF IRRIGON CITY OF JEFFERSON CITY OF KLAMATH FALLS CITY OF LAKE OSWEGO CITY OF MADRAS CITY OF MILTON-FREEWATER CITY OF MILWAUKIE CITY OF NEWPORT CITY OF NORTH PLAINS CITY OF OREGON CITY CITY OF PENDLETON CITY OF PHOENIX CITY OF PORTLAND CITY OF REDMOND CITY OF ROGUE RIVER CITY OF ROSEBURG CITY OF SALEM CITY OF SEASIDE CITY OF SISTERS CITY OF SPRINGFIELD CITY OF ST. HELENS CITY OF STANFIELD CITY OF TALENT CITY OF TIGARD CITY OF TUALATIN CITY OF WARRENTON CITY OF WEST LINN CITY OF WOODBURN -~- 36 ~ lam W B N r~~~,p:.,++te ~ese January 8, 2008 TO: Honorable Mayor and City Council through City Administrator THRU: Charles Blevins, Acting Chief of Police FROM: Jason R. Alexander, Acting Captain SUBJECT: Liquor license Change of Ownership-Full On-Premise Sales RECOMMENDATION: The Woodburn City Council recommends that the OLCC approve a Change of Ownership application for Rumors Bar Inc. BACKGROUND: Applicant: Rumors Bar, Inc 327 N. Pacific Hwy Woodburn, Oregon 97071 503.981.0214 Business: Rumors Bar 327 N. Pacific Hwy Woodburn, Oregon 97071 503.981.0214 Owner: Melanin Huerta 1250 Newberg Hwy Woodburn, Oregon 97071 ~563-9~~1- So3 - 9 F52- y 3s l Asmires Ramirez 1250 Newberg Hwy Woodburn, Oregon 97071 . .So3~982-~3~/ Agenda Item Review: City Administrate City Attorney ~" ' "J Fina 37 Honorable Mayor and City Council January 8, 2009 Page 2 License Type: Fult On-Premise Sales-Permits beer, wine, cider, hard alcohol sales for on-premise consumption only. On December 31, 2008 the Woodburn Police Department received and application, requesting approval for a change of ownership for Rumors Bar Inc. located at 327 North Pacific Highway. This location originally housed the Rumors Bar, which possessed a Full On-Premise Sale license. The above mentioned applicant is applying for a change in ownership full-on-premise sales license through the Oregon Liquor Control Commission. The business will be open daily, Sunday thru Saturday, from 10:00 am to 2:30 am. There will be food service while the business is open and alcohol will be served during this time. There will be live or DJ music on weekends, Friday and Saturday from 9:00 pm until 2:00 am. There will also be recorded music, Karaoke, Dancing, Coin-operated games, Lottery and Pool tables on a daily basis. The police department has received no communication from the public or surrounding businesses in support of or against the change of ownership. DISCUSSION: The Police Department has completed a background investigation on the applicant and found nothing of a questionable nature, which would preclude the issuance of this license. FINANCIAL IMPACT: None 38 ~~~~7~ OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATI ? ~~: ~ ~~~~~ LICENSE TYPES ut10n-Premises Sales ($402.60/yr) O Commercial Establishment ^ Caterer O Passenger Carrier O Other Public Location O Private Club O Limited On-Premises Sales ($202.60tyr) O Oft-Premises Sales ($100/yr) O with Fuel Pumps ^ Brewery Public House ($252.60) ^ Winery ($250/yr) ^ Other: . CI~~1.F~ Ct1Yl1N0 COUNTY USE ONLY ACTIONS The city council or county commission; i ~i L`hange Ownership ^ New Outlet ("~° °r 4h ar COtJ"ti) O Greater Privilege recommends that this license be: O Additional Privilege O Other Granted D Denied O By: (signature) (date) Name: Title: Individuals O Limited corporation Partnership OLCC USE NLY Application Recd by: Date: /2 - 3! - o Q 1~"d'" ''~ ^ Limited Liability Company 90-day authority: ^ Yes ^ No 1. Appli (s): (See SECTI 1 of the Guide) G` 2. Trade Name (dba): /`LCl'yl~~'« ~~.. ~. l~'7 ( / 3. Business Location: (numtser, street, rural route) (city)1 ~ (county) (state) (ZIP 4. Business Mailing Address: ~~ ~ ~ _ ~f~~~%~/2.~i f rT,~ G (PO box, number, street, rural route) (city) (state) "`~' (Zl 5. Business Numbers: `~-~~~ ~~ (Phone} ({ax) 6. fs the business at this location currently licensed by OLCC?~s ^No~ 7. If yes to whom: ~~,~1'1~ _ Type of Lice r~ ~ .~7 r _..., a. ~ 8. Former Business 9. Wiff you have a manager?c~'4es ~~~,~, 10. What is the local governing body where your business is located? 11. Contact person for this applicatio (address) ~ I understand that if my answers are not true and complete, the OLCC may deny my license application. Ap nt(s) Signature(s) and Date: O Date TZ~ z-3 Date ~ ~R-~e t ~~ ~ ~ Date) z ® Date 1-800-452-OLCC (6522) www. oJcc.sta te. or. us 39 WO D URN ~I~!r1'`' ln; :.y: laird ~,c is January 12, 2009 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Community Development Director SUBJECT: Planning Commission's Approval of DR 2008-OS and EXCP 2008-08, located at 1300 Second Street, tax lot 051 W07DA00800. RECOMMENDATION: No action is recommended. This item is placed before the Council for information purposes in compliance with the Woodburn Development Ordinance. The Council may call up this item for review if it desires. BACKGROUND: The applicant requested a design review for Nuevo Amanecer Phase IV, a 40- unit affordable housing development and an exception to street right-of-way and improvements on 2~d Street. The Planning Commission held a public hearing on December 11, 2008 and approved the final order January 8, 2009 subject to conditions. DISCUSSION: None. FINANCIAL IMPACT: This decision is anticipated to have no public sector financial impact. Agenda Item Review: ''ity AdministratES~'C \ City Attorney[v.~) Fina 40 ~~ ~ W DBV N ~~ January 12, 2009 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Community Development Director SUBJECT: Planning Commission approval of CU 2008-O1, located at 595 North Pacific Highway, tax lot 051 W176B09300. RECOMMENDATION: No action is recommended. This item is placed before the Council for information purposes in compliance with the Woodburn Development Ordinance. The Council may call up this item for review if it desires. BACKGROUND: The applicant, Arnoldo Benavidez, requested a Conditional Use to sell and install auto parts (principally tires) at 595 N. Pacific Highway. He also proposed to continue the established use of auto repair. The Planning Commission held a public hearing on December 1 1, 2008 and received testimony from the applicant and interested residents. The Commission unanimously approved the request on January 8, 2009. DISCUSSION: None. FINANCIAL IMPACT: This decision is anticipated to have no public sector financial impoct. Agenda Item Revie~~: City Administrates ~ ~ -~'ity Attorney ~V y, Finan 41 ^ Woodburn Development Ordinance -Sign Standards & Land Use Standards ^ Planning Commission/City Council Survey ^ Business Survey and Outreach ^ Schedule ^ Observations ^ Woodburn Development Ordinance (WDO) -Yearly update (November) ^ 2008 - 2009 - Priorities (Established by Resolution) ^ Focus Group ^ Planning Commission ^ City Council ^ Several Amendments Adopted -Trees - Architectural standards -Vision Clearance - North America Industrial Classification System - Etc Community Development Update ^ Several Amendments In Process (Planning Commission) -Fencing I -Street trees - Flag Poles - Parking for drive-through only -Home Occupations - Etc Community Development Update ^ Several Amendments Under Review -Signs - Design review ~ -Bed & Breakfast ~ -Non-conforming uses/structures - Streets standards (width, classification, etc) Community Development Update ^ Several Provisions Needing Review -Sign standards -Annual Review? - Definitions (guidelines -corrections) - Concurrency -Big Box regulations -Street trees ^ Planning Commission/City Council Survey j - Do well? - Needs improving? -Priorities? - Work Program? - Planning Commission -January 22, 2009 ^ City Council - City Council -January 26, 2009 -Joint CC/PC February 2009 ^ Business Outreach -Woodburn Chamber of Commerce ^ Outreach -January 14t" 4 - 6PM Council Chamber ^ Survey on-line ^ Customer Survey - Mailed -All CDD Customers -Application Handouts ^ Signs - StafF Reviewed -Several Amendments (Administrative/ Po I i cy) - Not Reviewed (Focus -Legal) - Did Not Proceed ^ Limited Outreach -Substantive -Address Issues -Unsure Community Development Update ^ Amendment Procedure - Staff Report ^ Packet ^ Department of Land Conservation and Development (45 Days) ^ Planning Commission ^ City Council -Proceed (Legal, Focus, PC & CC) - Eva I uate Amendments ^ Outreach (Business, Citizens, Sign Companies) ^ Revise ^ Proceed -Review Entire Sign Chapter ^ Outreach ^ Review ^ Model Standards ^ Proceed With Amendments ^ Existing Standards ~ -Allowed/Not Allowed -Community Expectations? - Business Community? ^ Focus Group ^ Planning Commission/City Council Community Development Update ^ Survey Use -City Council/Planning Commission ^ Priorities ^ Work Program - Department Use ^ Focused Attention ^ Areas of Improvement .Training Community Development Update ^ Observations ~ -Training needs - WDO ^ Difficult ^ Limited Discretion - NAICS - Application materials ^ Evaluate Procedures and Standards ^ Consistent Interpretations ^ City Council Establish Department - Priorities -February/March 2009 - Work program -March 2009 - Schedule -Regular Updates ^ Outreach -Involvement -Development Community NORTH MARIONADULT CENTER JANUARY, 2009 Located in FIRST PRESBYTERIAN CHURCH BUILDING Hwy 214 & Boones Ferry Road Mon. Jan. S Tues. Jan. 6 Wed Jan. 7 Thurs. Jan. 8 Fri. Jan. 9 Tai Chi 10:1 S CLLR CCLR Noon Meal Noon meal Noon Meal Noon Meal Noon Meal Games Holiday parry Pinochle 1-3 Games Task Force Bird Feeders 4 p. m. Sing-a-long Computer Users 6:30 .m. Mon. Jan 12 Tues. Jan. 13 Wed Jan. 14 Thurs. Jan. 15 Fri. Jan. 16 Tai Chi 10:15 CCLR SALT 11 a.m. CCLR Noon Meal Noon Meal Noon Meal Noon Meal Noon Meal Blood Pressure Games Chec.ll-Ip.m. FUN BINGO Pinochle 1-3 Crafts Games Task Force Snow Flakes 4p.m. Mon. Jan 19 Tue. Jan. 20 Wed Jan. 21 Thurs. Jan. 22 Fri Jan. 23 Tai Chi 10:1 S CCLR DIABETES CLLR Health Fair Noon Meal Noon Meal 10- 3 p.m. Noon Meal Noon Meal Music Martin Luther Games Jammers 1-3 Pinochle 1-3 Crafts: King holiday BAKE SALE Valentines awes 11-3 .m. Mon. Jan. 26 Tues. Jan. 27 Wed Jan. 28 Thurs. Jan. 29 Fri. Jan. 30 Tai Chi 10:1 S CCLR Noon Meal Noon Meal Noon Meal Noon Meal Noon Meal Blood Pressure Check Il-Ip.m. Games Sing-a-long Pinochle 1-3 TEA PARTY Fund raiser games FUN BINGO Tickets: $S ($7 at door 3 .m. CALL BETH FOR MEAL RESERVATIONS: 503-981-3470 CALL BEVERLEE FOR ACTIVITIES INFORMATION: 503-982-4531 CELL: 1-360-292-5223 (OVER) Seniors and Law enforcement together - (SALT) will be holding their monthly meetings in the Adult Center on the second Wed of each month. There is always some good information to be gleaned from these meetings (Jan. l4 -11 a.m.) The Diabetes Health fair features shoes, meters, and pain management techniques. A free pair of socks will be given with every pair of shoes purchased (Jan. 14 -10 a.m. to 3 p.m.) *Fun Bingo with funky prizes is a joint effort with Colonial Gardens Retirement Center. Enjoy an afternoon of getting acquainted (Jan. 14 & 281 p.m.) *The bake sale was rescheduled from December because of the snow Come support the senior center with your donations of baked goods & by purchasing items.(Jan. 14- 11 a.m. to 3 p.m.) *Our computers are getting closer to becoming Internet friendly. They should be up and running very soon. Watch for the big announcement *And the tea party on January 30`" should be a fun event Wear your big hats and enjoy a series of fancy tea cakes and tea. Learn some facts about tea while sipping (3 p.m. to 4:30 p.m.) ate--- - A~~~ '0~e'll coo oar i~- b Y~ ~ ~ °ut s~ a is `~ ' ~. ~ _ maws y~ ~o t~ ~ . .. ~gdr is ~ ~ ~ Mood ..z .. ~o ~ ~. .- .. ti. A ~~ ~' . 'g ~ rp~~,~t's std $ _ , ,Yr "~• tit ~! i . '1'ae~ l ~ ~• ~~ z a~yd~no~- ...-~s~~t~9' ~1~ W ~ ~3. ~ . ~. . C ~ ~ 'w~ - 9~ 1~I $ ~~ x-~~t~~g2-2148 Cad ~~: Free Fac I~or+~ A ~