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Agenda - 04/13/2009
CITY O F W 00 D B U R N KATHRYN FIGLEY, MAYOR DICK PUGH, COUNCILOR WARD 1 J. MEL SCHMIDT, COUNCILOR WARD II AMEItitDED COUNCIL AGENDA PETER MCCALLUM, COUNCILOR WARD III .LAMES COX, COUNCILOR WARD IV e APRIL 13, ZOO7 ~ 7.00 P.M. FRANK LONERGAN, COUNCILOR WARD V KRISTEN BERKEY, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: None Appointments: None 4. PROCLAMATIONS/PRESENTATIONS Proclamations: A. Day of the Child B. Volunteer Week 2 Presentations: C. Cooperative Agreement with ODOT (Evergreen Transit Facility- 3 Dan Brown D. 2008 Crime Statistics -Charlie Blevins 26 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn School District 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items for Council consideration not already scheduled on the agenda. ••Habra interpretes aisponib(es pars aque[fas personas que no ~ja6[an Ing[es~ previo acuerao. Comuniquese a~ 1531980-2485... April 13, 2009 Council Agenda Page i 8. CONSENT AGENDA -Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item maybe removed for discussion at the request of a Covnci! member. A. Woodburn City Council minutes of March 23, 2009 39 Recommended Action: Approve the minutes. B. City Council Minutes of Goal Setting Workshop 60 Recommended Action: Approve the minutes. C. March Claims Recommended Action: Accept the Report. 62 D. Acceptance of Public Utility Easement. 69 Recommended Action: Accept the Public Utility Easement granted by Richard and Leslie Warnick, property owners of 1365 North Front Street in Woodburn, Oregon. 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 maybe limited by Mayoral prerogative. A. Council Bill No. 2768 - A Resolution authorizing the City 75 Administrator to transfer additional City funds to the Oregon Department of Transportation to address cost overruns and change orders associated with the OR Highway 214/Settlemier/Boones Ferry Intersection Improvement Project. Recommended Action: Adopt the Resolution. 6. Council Bill No. 2769 - A Resolution directing that Yield signs be 80 installed on the Southbound lane of "B" Street at the intersection of Cleveland Street and on Woodland Avenue at the intersection of Myrtle Street. Recommended Action: Adopt the Resolution. April 73, 2009 Council Agenda Page ii C. Council Bill No. 2770 - A Resolution directing that parking 83 restrictions be installed in the Boones Crossing Development Phase I as specifically provided herein. Recommended Action: Adopt the Resolution. D. Amendment to Professional Services Contract CH2M Hill 87 Consultant Wastewater Facilities Plan Update. Recommended Action: Council, as Local Contract Review Board, authorize by motion that the City Administrator amend the current agreement for professional services with CH2M Hill to include $109,763 for Change Order #4. The newly established contract amount, including change order # 1 through #4 is $859, 639. E. Authorization of Reimbursement Traffic Impact Fee - McPS 91 Credit Union. Recommended Action: By motion, authorize reimbursement to MaPS Credit Union in the sum of $128,929.25 for the difference between the original Traffic Impact Fee (TIF) assessment ($189,928.25) collected and the approved alternative TIF assessment ($60,999). F. City Council FY 2009/10 Goals 93 Recommended Action: By motion, adopt City Council Goals, as presented in this Staff Report or as deemed appropriate by the City, for 2009/10. G. ARRA Economic Stimulus Funding -Young Street Resurfacing 95 Recommended Action: Authorize the City Administrator to execute, on behalf of the City, Agreement No. 25528 with the State of Oregon/ODOT in order to accept $490,000 in funding made available to the City of Woodburn under the American Recovery and Reinvestment Act (ARRA). 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. None 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 15. ADJOURNMENT April 13, 2009 Council Agenda Page iii PROC TION El Dia de Ios NiSos/EI Dia de los Libros Day of the ChildJDay of the Book ~~~~ WHEREAS, literacy is the foundation of learning and is essential to the growth and success of all children; and VvH~, many of the nations of the world, and especially within the Western Hemisphere, celebrate El Dia de los Nifios in recognition and celebration of their children; and VVFI[fi1tF.AS, well-educated and literate children aze critical to Oregon's economic future; and VvHEREAS, the importance of reading and education aze most often communicated through family members, and supported by such public institutions as public libraries, with their literacy programs for children and families. THEREFORE, I, Kathryn Figley, Mayor of the City of Woodburn, proclaim Apri126, 2009, the ofTicial EI Dia de Ios Nifios/El Dia de los Z.ibros Day of the Chi1c~/Day of the Book and encourage the people of Woodburn to join in this observance. IN WITNESS WHEREOF, I hereunto set my hand and caused the seal of the` Ci~,y~of Woodburn to be affixed this 8h day of Apri12009. City of W 1 PROCL~9IVIATION VOLUNTEER WEEK -APRIL 18 -APRIL 25, 2009 WHEREAS, Woodburn volunteers have undertaken many responsibilities that promote the general welfare of the City of Woodburn and make a difference in the lives of its residents; and WHEREAS, in providing these services, volunteers have demonstrated a spirit of personal concern and wholehearted willingness to help others; and WHEREAS, volunteers reflect the commitment of neighbors helping neighbors in the finest sense of that tradition; and WHEREAS, these volunteers ask nothing more than the satisfaction of a job well done; and WHEREAS, these individuals are most deserving of appreciation and thanks; and WHEREAS, the City Council, in gratitude for the dedicated service rendered by members of this community wishes to recognize all those who have given their time, energy and talents to help others. NOW, THEREFORE, I, KATHRYN FIGLEY, Mayor of the Ciry of Woodburn, do hereby proclaim the week of Apri118 through Apri125, 2009 to be voLViv~ w~ in the City of Woodburn and encourage government, business, and residents to honor this observance with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City o~oodburn to a fixed this 8~ day of April 20(19. a Fi y, yor Wo b n 2 W N /n[o ryora tt/ Idd9 April 13, 2009 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Director of Public Works SUBJECT: STAFF REPORT COOPERATIVE IMPROVEMENT AGREEMENT WITH THE OREGON DEPARTMENT OF TRANSPORTATION -EVERGREEN TRANSIT FACILITY ACTT N: Presented to Council for review and consideration is a Cooperative Improvement Agreement (CIA) with the Oregon Deportment of Transportation (ODOT) for the design and construction of a Transit Facility near the intersection of Oregon Highway 214 and Evergreen Road. BACKGROUND: A Transit Facility in the vicinity of the Woodburn Interchange has been identified as being a key feature the future I-5 Interchange Improvement Project. ODOT and the City of Woodburn have agreed to proceed with the design and construction of the Transit Facility in advance of the larger and unfunded I-5 Interchange Improvement Project. The CIA articulates the terms and obligations for ODOT and the City of Woodburn to successfully complete this capital improvement project. ~~ia~~:~~•se The Evergreen Transit Facility (I-5 at OR 214/219 Woodburn Interchanged has historically been referred to as the Park and Ride Lot Project. This project is more to the City of Woodburn than a Park and Ride Lot. It will serve as a transit connection point for our local Woodburn Transit and other regional transit providers. The Project will provide an integrated alternative mode facility at the Woodburn Interchange. The Project site has been approved in the Woodburn Interchange Management Plan (November, 2005 on pages 7-3 and 9-1 J. The Project will include amenities, such as shelters and landscaping, consistent with Agenda Item Review: City Administrator City 3 Honorable Mayor and City Council April 13, 2009 Page 2 the Woodburn Development Ordinance and "gateway" location of the new facility. Key jurisdictional and business points within the agreement that the Council should review carefully are as follows: 1. The scope of the Transit Facility project also includes improvements of Evergreen Road from OR 214 north to Country Club Court to City street standards. 2. ODOT will retain ownership of the right of way onto which the Transit Facility is constructed. 3. City will operate and maintain the Transit Facility for a period of 20 years. 4. ODOT and City wiA split equally the capacity of a 48 inch culvert passing under I-5 in the vicinity of the Transit Facility and day-lighting into East Senecal Creek. 5. City approval of the CIA authorizes ODOT to acquire right of way for the project on the City's behalf. This means that the Council, as the City Road Authority, approves the alignment and declares a public necessity for the construction of Evergreen Road per the alignment identified. Should Council review of the CIA not reveal any items that require significant renegotiation with ODOT, an Agenda Item seeking approval of a resolution authorizing the City Administrator to finalize the CIA with ODOT will be presented on April 27, 2009. FINANCIAL IMPACT: This Project is being paid for by funds currently allocated to the Woodburn Interchange Improvement Project and is currently estimated at $7,500,000. Within the Woodburn Interchange Improvement Project funds allocation is $2,500,000 of City of Woodburn match. The total City match for the Interchange Improvement Project is $8,000,000, with the remaining $5,500,000 not due until the Interchange construction is completed. 4 Misc. Contracts & Agnrements No. 25,169 COOPERATIVE IMPROVEMENT AGREEMENT OR 214 at Evergn~n Road Transit Facility City of Woodburn THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter r+efen~ed to as "State;" and the CITY OF WOODBURN, ailing by and through its designated officials, hereinafter referred to as "City," collectively hereinafter referred to as the "Parties.° RECITALS 1. Interstate 5 (Pacfic Highway) and Oregon Route 214 and Oregon Route 219 (Hillsboro-Silverton Highway) are a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). Oregon Route 214/219 (OR 214/219) is routed through the corporate limits of City. Evergreen Road and Country Club Court are part of the city street system under the jurisdiction and control of City. 2. By the authority granted in On~gon Revised Statutes (ORS) 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, dties and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and condfions mutually agn3eable to the contracting parties. 3. By the authority granted in ORS 366.425, State may accept deposits of money or an irrevocable letter of credit from any county, dty, road district, person, firm, or corporation for the performance of work on any public highway within the State. When said money or a letter of credit is deposited, State shall proceed with the extension of an existing storm water line, as described herein. Money so deposited shall be disbursed for the purpose for which it was deposited. 4. For the purpose of providing acceptable traffic patterns on public highways, State and City (subject to receiving full funding) plan and propose to improve the I-5 Woodburn Interchange and OR 214/219 in the vicinity of the interchange (Interchange Project) to improve mobility and safety, consolidate access, and bring OR 214!219 up to State design and operational standards. 5. State and City have developed a variety of documents including City's 2005 Comprehensive Plan; 2005 Transportation System Plan (TSP); 2006 Interchange Area Management Plan (TAMP); and State Intergovernmental Agreement No. 23,240 entered into on June 6, 2006 which addresses the funding and various elements of the Interchange Project. These documents provide direction for the I-5 Woodburn Interchange to keep it functioning acceptably through the forecast 20-year planning horizon. Key No. 95739 5 City of Woodburn /State of Oregon -Dept. of Transportation Agreement No. 25,169 6. The Project described herein (OR 214 at Evergreen Road Transit Facility) was approved as part of the Revised Environmental Assessment (REA), Finding of No Significant Impact (FONSI), for the Interchange Pr " by Federal Highway Administration on December 8, 2006. 7. Access management for this Project shall follow Administrative Rule (OAR) Chapter 734, Divisi and the Oregon Highway Plan, unless other,~v NOW THEREFORE, the premises it is agreed by and between the Pa TERMS OF AGREEMENT 1. State and City enter into engineering standards for ante and policies of Oregon Oregon Transportafion Plan, as stated irk foregoing Recitals, establish and define procedures and ~jon, and maintenance of: a. anew park-and-ride face 'Facility) existing State-owned right of way on OR 214. The nsit Fac 'll inte nnect City's local transit service to Chemeketa Ar Reg' I o ation System (CARTS) paratrans' ;'.ices, and ex a mmuter ivices between the cities of Wilson a an `Salem (prov_, by South Metro Rapid Transit [SMART] of Wi onville);~and b. extension Road f the existing intersection with OR 214 the rsecho try Club Court; including an access road ~~ (Acre oa m the exte ed Evergreen Road to the Transit Facility back to Evemre ~ toad. Collectively the a projec ai lements shall hereinafter be referred to as "Project". The lpcation of the roject is approximately as shown on the detailed map attached ' to, mark Exhibit A, and by this reference made a part hereof. Preliminary des tans f the Transit Facility element of the Project are shown in the attached Figure whirl" by this reference is made a part hereaf. 2. State shalt retain title to the land used for the Transit Facility and Access Road; and City agrees to use the property exclusively for the Transit Facility, unless othervvise agreed to by State, or authorized herein. 3. State and City agree that the extension of Evergreen Road and the Access Road shall be designed and constructed to City Collector Street and Access Street standards, or as approved by the City's Public Works Department. The typical cross sections of a City Collector Street and Access Street; and the approved alignment of Page 2 of 21 6 City of Woodburn /State of Oregon -Dept. of Transportation Agreement No. 25,169 Evergreen Road are shown in Exhibit B, attached hereto and by this reference made a part hereof. 4. By approval of this Agreement, the City establishes a declaration of necessity and alignment for the extension of Evergreen Road. 5. Upon completion and acceptance of Project by date and City, the extension of Evergreen Road, as shown in Exhibit C, attached her~e~p and by this reference made a part hereof, shall be owned and maintained by City. 6. Right of way to be purchased by State and ;ponveyed to City. for the extension of Evergneen Road is shown in Exhibit U, attac~ed hereto and by his reference made a part hereof. 7. Exhibit E, attached hereto and by this reference made a part hereof, shows an Access Road from Evergreen Road to thehi;~ransit Facility and back to Evergreen Road. Access approaches an .,Evergreen 'Roaad and the Access Road shall be controlled as follows: a. Evergreen Road from the inte~ectiort of OR 214 to the northern intersection° of the Access Ro~Vt! shall'` be fully access controlled by recorded deed. ,,., b. The -northern; and western legs of the Access Road shall be signed for two-w~~r traft~c,_accessible by buses, passenger cars, and delivery and . service vehicles: ~`h~~southern'; leg of the Access Road shall be signed to restrict traffic to one-way forbuses only, and the intersection of this leg of the Access Ro, with Evergreen Road will be physically restricted to right- out in compliance with the intent of the TAMP. c. Access approaches'on Evergreen Road from the northern intersection of the Access Road to the intersection with Country Club Court will be :controlled 'and permitted by the City, but will be a minimum of 100-feet from any street intersection. d. Approaches to private property and the Transit Facility lot off of the Access Road will be a minimum of 100-feet west of the Evergreen Road intersection. e. All other segments of the Access Road will be limited to one approach per property. 8. City and State agree to equally share (fifty percent each) the capacity of an existing, unused, 48-inch storm water line located under the I-5 freeway and north of the OR Page 3 of 21 7 City of Woodburn /State of Oregon -Dept. of Transportation Agreement No. 25,169 214/OR 219 interchange, depicted as a dotted blue line in Exhibit F, attached hereto and by reference made a part hereof. a. The area applied to the State's share of the capa of the existing storm water line is currently an undefined area wit ' the existing and to be reconstructed right of way of OR 214 east -5; and within the existing and to be reconstructed right of way oft nterchange in the northeast and southeast quadrants of the interch e. b. The area applied to the City's sh of the capac f the existing storm water line is an area outside o e right of way of nd OR 214 that includes: ~~ -.~, i. an undetermined area i southeast quadrant of this interchange that currently drains into the fisting state highway storm water trunk lines south he intercha but after reconstruction of the interchange, diverted to referenced existing storm water line north of OR 14, ~ ~;~ ii. an undetermined rea no 0 21 ,including the segment of E s en Road n h OR 214 sferred to the City as part of is P jest, as sh in Exhibit D; and the Transit Facility and :,, Acces Road shown „Exhibit C, bounded by: tructed rift of way of OR 214 on the south; right o ~ I-5 and the reconstructed OR 214/219 ~,~ange on the west; line of Country Club Terrace extended west to I-5 on west side of Country Club Road on the east. of the existing referenced storm water line and the quantities ntributed by the State and City to the storm water line are ~e. Therefore, the Parties agree that they will: a. share equally the cost of an engineering study to determine: 1) the capacity of the existing storm water line based on the allowable water level of Seneca) Creek; and 2) the quantity of storm water flowing to the existing storm water line from the City's Interchange NE Quadrant Drainage Sub-basin; and b. provide any storm water detention facilities required to ensure that their respective shares of the capacity of the storm water line are not exceed. Page 4 of 21 8 City of Woodburn /State of Oregon -Dept. of Transportation Agreement No. 25,169 10. State agrees to extend the existing referenced storm water line east from the existing manhole at the east end of the line, to the west edge of the Transit Facility (as shown in Exhibit F). This extension of the existing storm water line will be included in the Project and funded with Project funds. 11. The Parties agree to include in the Project an eat ion of the referenced existing storm water line, of a diameter capable of conve ' the City's share of the capacity of the existing storm water line. This eaten ' w art at the west edge of the Transit Facility (as shown in Exhibit F), t as yet termined location on the east side of Evergreen Road. This eat ion will be in din the Project plans and be constructed as part of the Pro' T cost of the a nsion is to be funded by the City. Funding required for a eat " wn will be bas the State's final Engineer's Cost Estimate subm' al Plans, Specificati and Estimates (PSBE) for competitive construction ct bidding by State. Th payment of the costs so identfied will be made by th ity six (6) to eight (8) weeks prior to the Project being advertised r constructio idding. This payment will not be considered as part of the ancial cunt ~ 'on to the Interchange Project. 12. Power and maintenance r onsibil' the s alized intersection at OR 214 and Evergreen Road will re ain a a eed to by State and City in Miscellaneou tracts and A ree nts No. ,dated September 1, 1992. 13. The Pr ' twill financed b fate at a total estimated cost of $7,700,000 in federal nal hway System HS) and State funds. The estimate for the total Project cos s - o change. fate shall be responsible for the federal fund matbh. ~, z:~ 14. This Agreement s become effective on the date all required signatures are obtained and''shall re 'n in effect for the purpose of ongoing maintenance and operation respansibilitie -~ or the useful life of the facilities constructed as part of the ~! Project. The uful life is defined as twenty (20) calendar years from the date the right of way fo9r Evergreen Road is transferred to the City. The Project shall be cot'f~leted within five (5) calendar years following the date of final execution of this Agreerri~nt by both Parties. 15. The term of this Agreement may be extended by the Parties as long as the Transit Facility is used for the purpose described herein and the right of way for the Transit Facility is not needed by the State for other transportation purposes. CITY OBLIGATIONS 1. City hereby grants approval for State to proceed with the design and construction of an extension of Evergreen Road, together with the local street connections, from the existing intersection with OR 214 north to the intersection with Country Club Court Page 5 of 21 9 City of Woodburn /State of Oregon -Dept. of Transportation Agreement No. 25,169 and the Transit Facility Access Road on the approximate alignment as shown in Exhibit C. 2. City agrees to review Project design plans for conformance to City's development standards at its own expense. The City's review will accomplished within a time period allotted on the approved Project schedule. 3. City agrees, upon request from State, to provide information on existing City utilities located in Project area. 4. City shall, upon receipt of a fully executed -copy of this Agreement and upon a subsequent letter of request from State, forward to State an advance deposit or irrevocable letter of credit in an amount equal to the State's final engineer's Cost Estimate for extension of the existing storm water line, as descriti'ed in Terms of Agreement, paragraph 11. State shall send the letter of request for the deposit four (4) to six (6) weeks prior to;:advertisement fol~;bid on the Project. 5. City shall, upon completion and ac©eptance of Project by State and City, accept all jurisdiction, maintenance, and, control `of Evergreen Road, the Transit Facility, and the Access Road, as describer herein, including aH surface maintenance, pavement striping, illu n, landscaping, .water, electrical power, storm drainage, and signing pelt Wing ereto. 6. City sha , its own expense, maintain and water landscaping installed as part of the Project i e tween the north side of OR 214 and the Transit Facility, as Ex C. ay for all watering of landscaping and other ainten oft ark and Ri ransit Facility. ~,~~ 7. City shall, pne to iri`~ lation of permanent, fixed improvements to the Transit ~~r; Facility, obtain I neces ry permits, including permits from State's District 3 office. ity shall pay I costs of construction, installation, operation, and maintenance of 8. City a s t use the Transit Facility exclusively for public transit patrons, unless otherwis roved by State; and shall provide a reasonable level of local transit service to nd from the Transit Facility. Uses other than Transit Facility that do not require State approval are: a. Public overflow parking during holiday retail sales events at stores in the vicinity of the Interchange; and b. Other public events sponsored and scheduled by the City. Page 6 of 21 10 City of Woodburn /State of Oregon -Dept. of Transportation Agreement No. 25,169 9. City shall provide parking for patrons of the Transit Facility only and will not lease or assign parking for any private purpose, unless approved by the State. 10. City agrees that the parking spaces provided in the Tran Facility shall not be used to reduce the parking required for private dev ment in the Woodburn Development Ordinance. 11. City shall apply any fees and other revenues o tion of the Transit Facility in excess of the amount required to opera nd main the Transit Facility and Access Road, to the funding of the Inter nge Project o otherwise approved by the State. ~. __~. 12. City shall apply the appraised val f a oluntary donations o t of way to the Project by affected property owners terns development cha s assessed by the City as part of a current or future I development permit. The City may also modify provisions of the elopment 'deems appropriate applied equally to all voluntary donors of righ required f e Project. 13. City agrees that no signs (e~lccept o ffic s approved by State) and no cellular communication towe shall the Transit Facility property except as perms by State. ~ 14. City sha of enter into any thi rty agreements for the use or generation of solar electrica er, a charging of a ctric vehicles or any other purpose at the Transit Facility with o rior writt approval from State. ~~~~City agr o m .fain and op~te the Transit Facility for twenty (20) years from 16.A11 employers, including City, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required workers' compensation coverage unless such employers are exempt under the date th ht o y for Evergreen Road is transferred to the City. In the event of terminatio f this ement, City shall, by the date of said termination, vacate completely an surren the State property, including those improvements and xtures placed r made thereon by City, and shall, leave it in a good, clean, and onable co ition, except as may be expected ftom normal use, wear, and da a ftom rthquake, fire, public calamity, acts of God, or other circumstances over ' h C' has no control. If any property (temporary, moveable improvements installe ) is not removed from State Property and completely vacated within one year the termination date, and if State Property occupied by the Transit Facility is not restored to its original state (as it was prior to construction of the Project), City shall pay State, upon demand, the reasonable cost to State of such removal and restoration. Page 7 of 21 11 City of Woodburn /State of Oregon -Dept. of Transportation Agreement No. 25,169 ORS 656.126. City shall ensure that each of its subcontractors complies with these requirements. 17. City acknowledges and agrees that State, the Oregon cretary of State's Office, the federal government, and their duly authorized repr entatives shall have access to the books, documents, papers, and records of C' which are directly pertinent to this Agreement for the purpose of making 't, examination, excerpts, and transcripts for the useful life of the faciliti n ed under this Agreement. Copies of applicable records shall be mail vailable ~ on request. Payment for costs of copies is reimbursable by State. ~.,~ 18. City shall comply with all federal, ,and cal laws, regulatt executive orders and ordinances applicable to th ork der this Agreement, - luding, without limitation, the provisions of ORS 2 05, 279C.515, 279C.520; 279C.530, and 2798.270 incorporated herein by refere and made a part hereof; Without Limiting the generality of the foregoing, City expr agrees to comply with: (i) Title VI of Civil Rights Act of 1964; (ii) ~~Title V and n 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act 990, and ORS 659A.142; (iv) all regulations and administrative. rules established p ant to the foregoing laws; and (v) all other applicable requirements of.f~deral ands to civil rights and rehabilitation statutes, rules, and regulations: 19. City, by Q~ecution of Agreement,.;gives its consent as required by ORS 373.030(2) and ORS 1;Q5.76Q to any and aA 'changes of grade within the City limits, and gives its consent `as required by ORS ;373.050(1) to any and all closure of streets intersecting the highway, if any,thei~e be, in connection with or arising out of the Project covered by this Agreement. 20.If City utilizes a contractor (Contractor), the Special Provisions for the construction contract work (Contract) fbr this Project shall include the following stipulations: '° a. Contractor: shall name State and City as third party beneficiaries of the resulting Contract. b. To the. fullest extent permitted by ORS 30.140, State and its officers, employees and agents from and against all claims, suits, actions, lasses, damages, liabilities, costs, and expenses of any nature whatsoever resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, sub-contractors, or agents under the Contract. c. Commerical General Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the Contract, Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverages that are satisfactory to State and City. This Page 8 of 21 12 City of Woodburn /State of Oregon -Dept. of Transportation Agreement No. 25,169 insurance shall include personal and advertising injury liability, products, and completed operations. Coverage may be written in combination with Automobile Liability Insurance (with separate limits). Coverage shall be written on an occurrence basis. If written in conjunirtion with Automobile Liability the combined single limit per occurrence ~'shaN not be less than $1,000,000 for each job site or location. Each annual aggregate limit shall not be less than $1,000,000. ~~- . d. Automobile Liability. Contractor shall IStain, at Cortitfactor's expense, and keep in effect during the term of a Contract, Cti'mmerical Business Automobile Liability Insurance c erin ~ II owned, non-owned, or hired vehicles. This coverage be itten in combination with the Commerical General Liabili u (with separate limits): ;;Combined single limit per occurrence shal a less than $1,000,000. e. Additional Insured. ~ liability insu coverage, except Professional Liability, Errors and ' ns, or Wo ' Compensation, ~ if included, required for performan o ontract s include State and City and its divisions, officers an emplo s Ad nal Insured but only with respect to the Contracto acti ' ' t rmed under the Contract. Covera t II be prima a on-contri ory with any other insurance and std=insu nce. ~. f. No~~ of ~ ncellation or ange. There shall be no cancellation, materi ential ex ustion of aggregate limits, or non-renewal ura cover thirty (30) days written notice from the ,Con or insurer(s) State and City. Any failure to comply with the re 'ng p 'sions of this clause shall constitute a material breach of Contract d sha ground for immediate termination of the Contract. g. Before th ~ ontract is executed, the Contractor shall furnish to State and City a ce icate of insurance for the limits which will be in force and ~pplicabl o the Project. 21.City gra ,date the right to enter onto City right of way for the performance of duties as t forth in this Agreement. 22. City certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of City, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind City. Page 9 of 21 13 City of Woodbum /State of Oregon -Dept, of Transportation Agreement No. 25,169 23. City's Project Manager for this Agreement is Dan Brown, P.E., Public Works Director, 190 Garfield Street, Woodbum, Oregon 97071-4627, phone (503) 982- 5241, or assigned designee upon individual's absence. STATE OBLIGATIONS State, or its consultant, shall conduct the studies, traffic investigations, preliminary e produce and provide final plans, specifical identify and obtain all required permi including all required materials testin c and contract documents; adverti for contracts; pay all contractor costs ovid services and other necessary fun of contract entered into for this Project. ~ece ry field surveys, environmental igi ri and design work required to and estimates for the Project; perform al nstruction engineering, uality docum tion; prepare all bid struction bid osals; award all chnical inspection, p management sole administration o e construction 2. As part of Project, State urchase n d right of way for the extension of Evergreen Road and the A d to the sit Facility, and other right of way incidental to obtaining Proje envir tal pe Upon completion of Project and acceptance by State and ity, righ fort . extension of Evergreen Road shall be transf by deed f S to C' .. tate shall provide the appropriate recorded d s right of wa ~ ps to City. Such deeds will reserve the access control p isions - escribed in s of Agreement, Paragraph 7. 3. State shall re ible for all is associated with construction and installation o~ 'ect, ~ e ' ed ' erns of Agreement, paragraph 11. ,~`"~`- ~ State shall, ~}_- one _ ution of this Agreement and four (4) to six (6) weeks prior to advertisemeor bi ~ ~ the Project, a letter of request for an advance deposit or irrevocable left r of cre ~ for payment of the extension of the existing storm water ine rn an amout equal toy the State's final Engineer's Cost Estimate for said item. ~~ 5. St ~ reserves ~ he right to enter and occupy the Transit Facility at reasonable times for p oses f inspection to determine compliance with this Agreement and to perform~~` i 'Hance of State's adjacent facilities, except that State shall not enter and occu a Transit Facility as to materially hinder or prevent normal operation of the Transit Facility. State also reserves the right to enter and take possession of the property in case of national or other emergencies for the purpose of preventing sabotage or otherwise protecting the adjacent highway facilities. During such an emergency, State shall relieve City from any obligation to comply with the provisions of this Agreement. Page 10 of 21 14 City of Woodburn /State of Oregon -Dept. of Transportation Agreement No. 25,169 6. State certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within State's current appropriation or limitation of the current biennial budget. 7. State grants City the right to enter onto State right of -way for the performance of duties as set forth in this Agreement. 8. State's Project Manager for this Agreement ,is~~Alan J;:.Fox, Area 3 Project Leader, 885 Airport Road SE, Building P, Salami.;,. Qregon 97301-4790, phone (503) 986- 2681, or assigned designee upon individ!'s absence. JOINT OBLIGATIONS 1. Both parties shall, to the extent perrnr~ted by the Oregon Constitution and the Oregon Tort Claims Act, indemnify, did, save, and hold harmless each other, ~;. their officers and employes from any and~~11 claims, suits, and liabilities which may occur in their respective performance of this `project. 2. Notwithstanding the foregoifig defens±a obligations under the paragraph above, neither party nor any attomey~engaged;;~I~~„either party shall defend any claim in the name of the other, party or any,.agen~i/departm+eit/division of such other party, nor purport to act as legal representative of the other party or any of its agencies/c~Lpartmrnts/divisions, without the prior written consent of the legal counsel of such other party. Each. party may, at anytime at its election assume its own defense and settlement in the: event that it determines that the other party is prohibited front. defending .it, or tl~~i3~# other party is not adequately defending it's interests, ,or that~an important gogemmental principle is at issue or that it is in the best interests of the; party to do so. Each party reserves all rights to pursue any claims it may have against the other if it elects to assume its own defense. GENERAL PROVISIONS 1. This;,Agreemenfrnay be terminated by mutual written consent of the Parties. 2. State may terminate this Agreement effective upon delivery of written notice to City, or at such'; later date as may be established by State, under any of the following conditions: a. If City fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If City fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger pertormance of this Agreement in accordance with its terms, and after receipt of written Page 11 of 21 15 City of Woodburn /State of Oregon -Dept. of Transportation Agreement No. 25,169 notice from State fails to correct such failures within ten (10) business days or such longer period as State may authorize. c. If State fails to receive funding, appropriations, 'mitations or other expenditure authority sufficient to allow State, ' the exercise of its reasonable administrative discretion, to contin ~ to make payments for performance of this Agreement. d. If federal or state laws, regulatio r guidel' are modfied or interpreted in such a way that eith he work and is Agreement is prohibited or State is prohibit om «aying for suc rk from the ~;. planned funding source. x-- e. If State deems the removal o ransit Facility is necessary for the public interest or for other transpo n needs. 3. Any termination of this ant shall accrued to the Parties prior ~ to 'on. any rights or obligations 4. If City fails to maintain facilit s in a wit~f the terms of this Agreement, State, at its ~, may mai in , e facility . d bill City, seek an injunction to enforce t dutie' and obliga of this Agreement or take any other action allowed law. - 5. This Agree t executed ~ .several counterparts (facsimile or otherwise) all o - ii~;when en o ~ nstitute one agreement binding on all Parties, ;~ `~hotwithst~'it„~'ng all Parties not signatories to the same counterpart. Each copy of this``reem nt so executed shall constitute an original. This Agreeme and atthed exhibits constitute the entire agreement between the ~arties on the : bject matter hereof. There are no understandings, agreements, or esentations'~ oral or written, not specified herein regarding this Agreement. No wa _ conser, modification or change of terms of this Agreement shall bind either party Bess i writing and signed by both Parties and all necessary approvals have been ok>jn„ .Such waiver, consent, modification or change, if made, shall be effective ninfy in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. IN WITNESS WHEREOF, the Parties hereto have set their hands as of the day and year hereinafter written. Page 12 of 21 16 City of Woodburn /State of Oregon -Dept. of Transportation Agreement No. 25,169 This Project is in the 2008-2011 Statewide Transportation Improvement Program, (Key #15739) that was approved by the Oregon Transportation Commission on November 14, 2007. The Oregon Transportation Commission on June 18, 200 approved Delegation Order No. 2, which authorizes the Director to approve and ex a agn3ements for day-today operations. Day-today operations include those a ties requind to implement the biennial budget approved by the Legislature, in ng 'vibes to execute a project in the Statewide Transportation Improvement Pr m. to foNow Page 13 of 21 17 City of Woodburn /State of Oregon -Dept. of Transportation Agreement No. 25,169 On September 15, 2006, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, Paragraph 1, in which authority is delegated to the Deputy Director, Highways to approve and sign agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program. CITY OF WOODBURN, by and through its STATE,,;~JF OREGON, by and through designated officials its Department of Transportation By ~Y City Administrator Deputy Director,;,Highways Date ~ Date `~kPPROVAL RECOMMENDED APPROVED AS TO FORM By By Technical Services Manager/Chief City Legal Counsel Engineer "` Date a Date . BY C'tv C Region 2 Manager D ~ ` ~ or k li W Date . s or c City of Woodbu ~_~_ 190 Garfield St. R~, By oodburn, OR 970 -4627 Region 2 Technical Center Manager i e: (503) 982-5 1 Em an.brown .woodbum.or.us ~. Date State Co-n+'~' "., ; APPROVED AS TO LEGAL Alan J. Fox, A~ 3 Project Leader SUFFICIENCY Oregon Department of Transportation By Highway Division, Region 2 Assistant Attorney General 885 Airport Road SE, Building P Salem, OR 97301-4790 Date Phone: (503) 986-2681 Email: alan.i.foxCd2odot.state.or.us Page 14 of 21 18 City of Woodburn /State of Oregon -Dept. of Transportation Agreement No. 25,169 Exhibit A - -- ~ ~. - - ~ ~ _ ~ ~ A r '/~. ~ % ~- _ :.~ ~, I~.: 1 _ -~• ~ ~~. I. / J r ~,z, ~~f j . ~ / ~ ---.. _ _~ _ r ~ ~ / _ I / , / f/ -- _~ 0 _ Rmaw .~ ~, ~,.._. / .L. -iL, .~' ,~ - + __ _ ,r ,, ill ~ +. '~*~ ~ / i~ ,, "=°-' Evergreen Road e.r. ~, - ~ %~ ~ ~ ~ ~~ '~ Extension ,~ ' ~ / aa~ _ ~ _ ., r - EE 'J° r--~ ak1~ ~ ~-sue ~ I I ~ F ~iC r~ 1 ~ ~~ ~;j ~ !{` !llllf" ~ s ' . . i •- ~~-_ ~ ` ~ r~ wmawo we r ~ ~ 1 _ , J -~~ ~'~~ / ~ Woodbarn I-5 ,~~ ~~.~R.d~: R~ - -s"°`r r~ I Interchange ~Y Park & ' ! ,! ~~ ~ Ride Site ~ f~ ~ ~ ~Y'~.. O ~++~~ ""'°_ ... ~ -~~ `•••••••••••~ ~~ ~...- ... S ~..~ OREGON TiiVWSPORTA710N MAP w+r~R.•~ arr -~ ~~- ' w `~ ~E A~ WOODBURN !• ~ - cn _ _ ~ R~r ~~ f ~~ L ~ Y ? ~. ~~ _~ ~ . ~.~r.a s.-r~~ RR ~~ ~- It10R 6I~.~.IZ-1 NIRMIY (~{'I ®ISZJia~ IM~~OI~OOtR1~Y ~i ~~ ~ Page 15 of 21 19 City of Woodbum /State of Oregon -Dept. of Transportation Agreement No. 25,169 Exhibit B Woodburn Service Collector and Access Streets See Figure 7-2, Street Design Standar City of Woodbum Transportation System Plan U ,January 2005 SERVICE COLLECTOR STREET •• ACCESS STREET! COdIMERCUI. STREET WITH PARKINf3 80TH SAES Page 16 of 21 20 Approximate Evergreen Rd. Alignment See Figure 3, Interc~tange Improvements, Widen North Woodbum Interchange Project Revised Environmental Assessment, November 2006 City of Woodburn /State of Oregon -Dept. of Transportation Agreement No. 25,169 Exhibit C Approximate Evergreen Road Alignment See Figure 3, Interchange Improvements, Widen North Woodburn Interchange Project Revised Environmental Assessment, November 200E City of Woodburn /State of Oregon -Dept. of Transportation Agreement No. 25,169 Exhibit D Right of Way to be Transferred to City of Woodburn City of Woodburn /State of Oregon -Dept. of Transportation Agreement No. 25,169 Exhibit E Approximate Evergn:en Road Alignment Access Controls City of Woodburn /State of Oregon - Depf. of Transportation Agreement No. 25,169 Exhibit F Transit Facility, Access Road, and Evergreen Road Storm Water Line n' pant. of Transpo~~'tion ~dbum ~ State of prego F~gute ~ ~ . City of W 25,169 ~~ign plan' A9memant No• Preliminary. Facial ~ Trans-~ __ _...- t r~ g R41~0 ! t r ~ j '~ c ~ } i c f ~ j ~ ~pN51T f ~u'-~ ' ~ NNpDBV • t -- j1 28~~ r _ ~ 1 ) ~ ~ ~ , 1 ii ., ,_ ~ J.- « Z { ~.....- ~-., - .f, --- 1 ~ _._-. - - a~ ~~ ~~~ ~ ~ ,~~ asp sip •"~~) ~ ~,Y _--. s wnx ~aA "_ ' vVarcR•' ~1 1 ~..~' ~4'~~~g ~ ~ S ~~~ ~ ~ _..- ~~~ ~ WA1 i 5T~ ,~ ~ E ~~S ~ ~ `~ ., ', ....-•- -' - _ ~ s tSU~ EoC~ ~~ ~ I ~~ ST~'~,,,,,._ ~ x. srus '' _ -~. .~- - gl0~ ...~---^~ _..---.--_.._.._.__-.--- j - --"~`-~y1uRE ~~ E%~~ ~~ '`. t~---~""` _..pR 274 -"' .....r-----„__._- °"`,",~, ,Ma page 2~ of 2~ 25 e F.. ,,,~,:.. I'~ ~... r~~ 4: t..w yy~ ~, ~. .ems ?:F V~~f ~%~ yy~•5 `\ SIR 1 .... ter': Woodburn Police Department "Committed to Excellence" 26 ~ .. Violent Crime Year Population Modified Overall % Change Violent Crime Index Violent Crime Murder Foroibte Rape Robbery Aggravated Crime Index 96 Change Assault 2005 22,085 1,409 +9.82 55 096 0 8 21 26 2006 22,615 1,080 -23.35% 56 +1.996 0 11 20 25 2007 22,875 952 -11.85°/6 59 +5.38% 1 T 19 32 2008 23,335 928 -3.9696 84 +42.37% 4 13 20 47 Property Crime Year Population Property Crima 96 Change Burglary Theft MV Theft Arson Index 2005 22,065 1.354 +10.26% 238 920 191 5 2006 22,615 1,024 -24.37% 141 763 117 3 2007 22,875 893 -12.79° 111 699 82 1 2008 23,335 838 -6.15% 135 615 79 10 "~`} l~ _. r "y'... Woodburn Police Department "Committed to Excellence" 27 Year _~-- 2005 2006 2007 .2008 population 22.065 ~----- 22,615 __----- 22,875 ,,,.~-~- 23,335 2005 2006 Vioient Crimesl100k Pop 249 247 258 359 Percentage Change -1.19% -0.8 2007 +4.45°l0 2008 +39.14°I° +10.4% 4-year Average Property Crimes/100k Pop 6,137 4,528 3,904 3,591 +8.85% -26.22°~ -13.78°k -8.00% -9.78% 28 <,,'~~ i = .,_ "J.~ a'J Woodburn Police Depa~nent "Committed to Excellence" MiTI~L . r f. ~. .fi .Ir ~. ~.. Year Population Crimes/100k Population 2005 22,065 6,386 2008 22,615 4,775 2007 22,875 4,162 2008 23,335 3,950 • Yesr Population Crimes/100k Population 2005 +1.09°~b +8.42°i6 2006 +2.49% -25.43% 2007 +0.99% ~ -12.8496 2008 +2.01 % -5.10% Woodburn Police Department "Committed to ExceNence" a.• ~~~ . - .. .. 29 • 2008 Adjusted Index Crimes: - Violent Index Crimes +39.14% - Property Index Crimes -8.00% - Total Index Crimes -5.10% • Three Year Adjusted Crime Trends: - Violent Index Crimes +14.26% - Property Index Crimes -16.00% -..i~D1~~-- . ~. ~~ - Total Index Cremes -14.45% ~ra~:i' ~~~~ ~ .3_ Woodburn Police Department "Committed to Excellence" 30 City Population CrimesH00k Pop Modified Overall Crime Index Violent Crime Index Property Crime Index Eugene 154,620 5,322 8,230 426 7,804 Grants Pass 32.260 5,375 1,734 470 1,667 Grestram 100,655 4,770 4,802 470 4,332 Hillsboro 89,285 3.403 3,039 195 2.844 Keizer 36,1 SO 2,766 1,000 74 926 Klamath Falls 21,305 3,553 757 92 665 McMinnville 32,400 2,598 842 47 795 Milwaukee 20,91 S 3,33? 698 42 656 Newbergll)undee 25,695 2,556 657 35 622 Oregon City 30,405 3,637 1,106 58 1,048 Portland 575,930 6,127 35,287 3,701 31,586 Tualatin 26,040 3,609 940 SO 890 Salem 154,520 5.189 8,019 583 7,436 Woodburn 07 22,875 4,161 952 59 893 WOOdbum 08 23.335 4.053 928 84 838 31 .. ,,: ,, pg-2008.. . n _ _ ;.. t :+ Arson 20 ndex Crime (V~olen ) t Arson Aggravated Assault Robbery RapE Murde 32 •?i ~ 2008 ^ 2007 ® 2006 ~- -~~~ ', '.ei.. •a.;: ~ „ r. Woodburn Police Department "Committed to Excellence" 10 20 30 au ~0 0 soo ~~ 301 2a 10 ^ 2006 ^ 2007 ^ 2008 Woodburn Police Department "Committed to Excellence" 33 Grimes 2006-2008 Ail Other Index Property - T nen ....,~.,.. _..---- Burglary ~~~ ~ ~.K .: ~~ ~~'`i} °°Y{s~'I +Af ~ ~%~ 4 ..aa~~- ~ - i`+~~RFi '~" 4*`.;,N '~ ~ C~~ .z' yi ~. ~. '. e~ ii ~: ''ti. t idt U:t++ ^ ~ ',~F `~~ ~ .~y i .'A ~ s+~~ y" r ~ 1 . H d yN~~~Iy~ ~/i~ -4Y~~rt. ~ .Frfp: rte' ~ Y ~' ~~ ~ Z ~M 5Yi' , y ~ Tj~N' . 1.~,,c~ s .~ i i ~+A d : '~ 1 ~~" p1ar d }, tf~il' 't ~~,:. G~;~ ~x~ ~~ f '4is s .~..;C e t,. - t` ~ ~ l ~ ( ~ i^-. - ; ~~~ .s;~ . ~ ~y ~ .~ , ~ ~~y(yi s i _••F V.~ Y 9 ~ ~ ~ ~ r s 11 ? J~s ~~.~ K ~ ~.s ,a, _ fi ~ ~ F ~ ~' *% !, ~ . ~ ^ ~ ~ w 1 'i1r 1 .,.. .. The th l~/Ie Connection Direct Costs to Woodburn Businesses & Citizens for 2008 • Fraud & Identity Theft - 67 cases in 2007 vs 80 cases in 2008 • Embezzlement - 4 cases in 2007 vs 4 case in 2008 • Theft of All Types - 702 in 2007 vs 625 cases in 2008 ,~ ~ w, .y :. ~ ~~. Woodburn Police Deparbnent "Committed to Excellence" 34 Total Calls for Service 21,427 Total Number of Offenses 2,873 Total Number of Arrest 953 - Traffic 6,266 - Traffic Crimes 262 - Vandalisms 563 - Thefts 615 - Drug Cases 114 - Alarm 834 - Animal 702 - City Ordinance 896 35 By the numbers 2008 Notable Incidents for 2008- Woodburn Index Crime Clearance % Rates 2007 vs 2008 100 80 60 40 20 0 ~~~ Q-~ a~~P ~ ~ a, P°' -+- 2008 -;--- 2007 ~ vJ% s ~'.« w _raf~~ Woodburn Police Department "Committed to Excellence" 36 Future Strategies Include: - Continued Assault on Crime: • Enforcement: Patrol, Detectives, CRT • Prevention: Weed & Seed Project • Education: Strengthening Neighborhood connections thru Police Patrol Districts, and Citizens Police Academies - Enhanced Patrols • CRT missions in District 2 (Core Area) • Downtown Sub-Station - Gang Suppression: • Enforcement • Intervention • Parole and Probation Sweeps -- Community Involvement • District Meetings • District Projects - Strategic Planning -,: ,~~ . . Woodburn Police Department "Committed to Excellence" 37 • 'a S: ~. Questions? Charles Blevins Acting Chief Jason Alexander Acting Captain Woodburn Police Department (503)982-2345 38 .~~- .~ !_°.w~•s ~~ ~$ ~ Y '~ Woodburn Police Department "Committed to Excellence" COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READ 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH Z3, 2009. The meeting convened at 7:05 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Figley Present Councilor Berkey Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Stevens, Acting Police Chief Blevins, Acting Police Captain Alexander, Community Services Director Row, Asst. City Engineer Liljequest, Community Development Director Hendryx, Building Official Krieg, City Recorder Tennant 0055 ANNOUNCEMENTS. A) Woodburn Proud Inc. / Blanchette High School -Seat dedication ceremony in honor of Police Captain Tom Tennant will be held on Friday, Mazch 27, 2009, at Keizer's Volcano Stadium. The public is invited to attend with admission to the baseball game being $5.00. 0100 A) Sign Focus Group: Mayor Figley appointed the following individuals to serve on the Focus Group to evaluate the sign standards in the Woodburn Development Code (WDO): Name R~presentinQ Ellen Bandelow Planning Commission Pete McCallum City Council Dan Dinges Business (small /large) Teri Sunderland Business (small / lazge) Cliff Zauner Citizens Mike Sumner Chamber /Downtown business owners Elizabeth Vega Highway 99E businesses Jake Jacobsen Citizens -extensive sign background Kelly Long Highway 99E businesses Sign Companies (specific company names yet to be determined) Page 1 -Council Meeting Minutes, March 23, 2009 39 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING Mayor Figley stated that she has appointed a lazger group for this review process, including a Councilor and Planning Commission member, in order to have a broader scope of representation and discussion on issues that impact businesses and the community. PUGA/LONERGAN..... approve the appointments to the Sign Focus Group. Councilor McCallum questioned the difference between a committee and focus group since his experience with a focus group has been that they will make recommendations but they are not a voting group. Mayor Figley stated that she is looking for a group of individuals that can work with the Planning staff and their own connections within the community in order to get some ideas on the table to improve the ordinance and/or its acceptability to the overall community. Councilor McCallum stated that he had been skeptical to having a sign company representative on the group since they could be construed as lobbyists but with the Focus Group not having voting power he did not object to their appointment as part of the Group. The motion passed 5-1 with Councilor Cox voting nay. Mayor Figley stated that she would be appointing at a subsequent meeting a Focus Group that would address other provisions in the WDO for the purpose of improving the current development ordinance. 0375 B) Council of Government Board Member: MCCALLUM/COX.... appoint Mayor Figley as Board member to the Council of Government. Mayor Figley stated that the City had become a member of the Council of Govemment last year after not being a member for several years. Because of the size of Woodburn, the City is eligible to have board representative which is generally the Mayor or the Mayor's designee. However, she would like to serve on the Board this yeaz then would like to have another person serve on the Board for the following year. The motion passed unanimously. 0445 PRESENTATION - A. W.A.RE. FOOD BANK. Elida Sifuentez stated that MacI,aren has been working with the A.W.A.R.E. Food Bank over the last 20 years and their donations from the Governor's Annual Food Drive have been donated to the local food bank. She also stated that MacLaren does a lot of service projects for the community including the Highway 99E semi-annual cleanup. Mike Riggan, MacLazen Superintendent, stated that giving back is a staple at MacLaren and it is one of his core values. This yeaz, they are donating 14,280 pounds of food as well as $2,327.46 to the A.W.A.R.E. Food Bank. Warde Hershberger, AWARE Food Bank, thanked MacLaren and everyone in the community for their support in providing food to those in need within our community. He mentioned that today they had prepazed 74 food boxes and January 2009 was their Page 2 -Council Meeting Minutes, March 23, 2009 40 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READ lazgest month so far whereby they had prepared 1,166 food boxes. The food bank is seeing about a 100 new families each month many of which have never had to use the food bank in the past. He thanked the entire community for their support. Mayor Figley stated that this has become an annual tradition which demonstrates the great work the A.W.A.R.E. Food Bank does everyday for those in need in addition to the work the staff of MacLaren does on their own account and in giving their residents direction in what giving back really means. 0631 PRESENTATION: BUILDING CODE FEES. Community Development Director Hendryx reviewed responsibilities ofthe Building Division which involves plan review and the inspection program for 1 and 2 family dwellings, commercial, and mechanical. It was noted that Marion County does plumbing and electrical inspections for the City. He stated that the City's current fee methodology is out of compliance with the State's methodology which is applicable to all cities and jurisdictions within the State. Secondly, he stated that the City's fees do not recover all ofthe costs of providing services and are one ofthe lowest in the State. He reviewed the work done by the Building Division in reviewing residential and commercial plans which are checked against specialty codes in addition to the inspection of buildings at various stages of the construction project. A residential structure would generally have 11 inspections and a commercial structure would have 15 inspections with additional inspections done if required for a structure to meet code requirements. Other plan reviews and inspections include retaining wails, fences, signs, tanks, flag poles, and antennas. Current staffing level has been reduced due to the change in the economy. He stated that the Building Division is a dedicated fund which is totally supported by the fees generated from building activities. The residential fees, which do not include system development chazges, have been determined by valuation of the building with the new methodology increasing the fees by approximately 10%. He reiterated that the tables aze established by the State of Oregon for plan review and inspection services. In regards to commercial buildings, the City's current fee methodology is also based on valuation which was built on a base from 1976 values. He stated that the State's methodology changes on how mechanical items are charged (water heater, furnace, air conditioner, etc) and this fee will change from the City's set amount of $15 per mechanical item to a fee based on value. About seven (7) years ago, the State realized that there was a problem with builders being able to deternune a consistent method of determining the building fees from one city to another so the State developed a set of unified application of fees for the Portland Metropolitan area and the State is now applying those fees state- wide. It was noted that the new fee schedule will have a yeazly increase in valuation state-wide which will be implemented in April of each yeaz. He stated that under the new methodology, the City will have one table that will apply to residential and commercial buildings and a new mechanical table will need to be developed that will base the fee on valuation. Under the State's process for implementing the change in methodology and Page 3 -Council Meeting Minutes, March 23, 2009 41 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING application for state-wide use, the building industry received a 60-day notice of the proposed change and to date, no comments, questions, or appeals have been received. Under the proposed changes, the table would increase the residential permits by 5% and 35% for commercial permits. He briefly reviewed the options available to the Council which includes (1) adoption of a new fee methodology to make it as neutral as possible to the current one with the exception of the mechanical fee schedule, (2) adopt a new fee methodology as proposed and advertised with a potential phase-in of the increases followed by a public hearing before actual fees are adopted, and (3) Council continue discussion on this subject. Councilor Lonergan questioned as to how many communities are implementing changes to their fee schedules. Building Official Krieg stated that the State had passed a Iaw requiring every jurisdiction in the State to use the same valuation tables which is published by the International Code Council as of April 1$` of each year. The purpose of the Iaw is to provide uniformity throughout the State so that every contractor has the knowledge of what they can expect to pay in their building permit fees no matter where they build their structure. Councilor McCallum stated that the City's first step is to get into compliance and recovery of costs should be studied in more depth before a decision is made by the Council. Councilor Cox mentioned that the staffreport includes a copy of the Oregon Administrative Rule (OAR} but it appears that it only applies to the tri-county areas. Building Official Krieg stated that the OAR originally was adopted to apply to the tri- county area and in the last legislative session, a law was passed that the Building Codes Division needed to come up with a uniform statewide form and methodology. The State Building Codes Division then added language in the existing OAR to apply the provisions to the entire state. Councilor Cox questioned if the City could continue to have certain fees on a flat rate schedule or does everything have to be on the valuation methodology. Building Official Krieg stated that the City is required to adopt the statewide valuation tables, however, the City could have a different fee schedule . Staff is proposing that the City eliminate the multiple ways of calculating permit fees and go to just one fee table. Councilor Cox also questioned if it was State law that fees charged pay for all Building Division operating costs or if that was a City of Woodburn policy. Director Hendryx stated that the City can collect fees for supporting building functions but those funds cannot be used for general fund operations. The City could use general fund revenues to subsidize the Building Fund, therefore, the City does have some area of discretion which is why aphase-in approach could be adopted by the Council. Councilor Schmidt stated that he would like to know what the actual cost to the City is for services provided by the Building Division when staffed at the service level in effect prior to the reduction in staff hours. Page 4 -Council Meeting Minutes, March 23, 2009 42 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READIN Director Hendryx stated that he would like to do a study on current costs since the department has had a reduction in staff following budget adjustments made last December. He understands concerns relating to potential fee increases during this time of economic downturn but there is a need to carry this initiative through since there is a mandate in the State. If the Council elects to move forward on the adoption of the methodology, then a public hearing process would be followed before a final decision is made by the Council. Mayor Figley stated that she would like to know the actual cost for Building Division services even if a policy decision is made to cover a portion with general revenues. City Attorney Shields stated that he did find a more recent OAR which he will provide to the Mayor and Council. 2810 Tonya Haskins, representing Excelsior Charter School, stated that she has been working to develop a charter school over the last several years. A chazter school is anon-tuition public school which they would like to open later this yeaz. The Oregon Department of Education has awarded their school a federal grant to begin the process to develop this charter school and they have gone through the process with the Woodburn School District who has approved their application for a grade 6-12 charter school. They have had difficulty in finding a location for the school since the City has a law that does not allow a public school to be located in a commercial zone. She requested that the City consider change the zoning laws to allow a public school in a commercial zone and provided some code charts to the Council as reference materials. Under the Downtown District zone, they will be allowed to locate their school with a conditional use in a commercial zone just as business, technical and trade schools are allowed to be located in those areas. Since students aze not charged a fee to attend, all facility acquirement finances have to come from outside sources. Initially, they will have approximately 100 students but the plan is to add one more grade level each year so it is necessary to locate a facility in the future that will house more students. They aze currently looking at a facility in the downtown area for the current yeaz but they would like to go into a different commercial area for expansion. Councilor Lonergan questioned how students would have sufficient playground azea in a commercial area. Ms. Haskins stated that they be looking at loans or grants to build playground azeas. Councilor Berkey stated that Arthur Academy, chazter school located on Catch Street, utilizes the Woodburn Library to get reading materials and the students get exercise when going to the Librazy. She inquired if Excelsior Charter School will be incorporating a similar type of activity into their program. Ms. Haskins stated that at this time the buildings there aze looking at are in the downtown azea and the first few months rent will be from federal grant funds. They will be utilizing the City's ballfield and the parks area for their physical education needs and go the Public library for their library resources. Page 5 -Council Meeting Minutes, March 23, 2009 43 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READIN Director Hendryx stated that there is an expense to the applicant if they would decide to file a conditional use application to house their school in a commercial zone. An option that would be available is for the Council to ask that this zoning regulation be reviewed as part of the overall Woodburn Development Ordinance (WDO) update for next year. This might not meet the School's time frame in locating a different location but this option would save the school some money in that they would not be paying the application fee for a conditional use. Councilor McCallum stated that, as a former school administrator, they had difficulty putting smaller alternative programs in the commercial areas as a result of concerns from the business owners. He would like more information before a decision is made on which option to consider. Councilor Pugh questioned if she had many roadblocks in' finding reasonably priced property in a residential zone. Ms. Haskins stated that she has been working on this project for about three (3) years and has been looking at facilities for about one (1) yeaz. They had found some promising locations but the buildings are zoned commercial even though they aze surrounded by a residential area. Mayor requested staff to review the options available for this group. Director Hendryx stated that in order to allow elementary and secondary public education schools in a commercial zone it would require a text amendment to the WDO. Councilor Cox expressed caution about spot zoning and state law does not permit this type of zoning. He stated that this is a broad policy issue that needs to be decided and needs to be made in the overall zoning decision process which may be a year or longer to complete. 4662 Administrator Derickson briefly reviewed the mechanisms (text amendments, comprehensive plan amendments, WDO amendments) in place to achieve their request and it is up to the school as to which mechanism they follow. In any event, a process does need to be followed which includes the Planning Commission and may involve the City Council. Director Hendryx stated that one question before the Council is whether or not they want staff to evaluate schools in commercial zones as part of the overall WDO text amendment process. Another avenue for the applicant is to pay the application fees to amend the Code and staff would go through the process separately to look at that specific issue. He reminded Ms. Haskins that there is no guarantee that an amendment would be made to the code to allow elementary and secondary schools in a commercial zone. 5048 Chris Karressboom stated that he had previously attended school in downtown Woodburn and did not understand why it could not be changed back to allowing it an commercial zone. Mayor Figley stated that one option is to add this issue to the list of WDO issues for the Focus Group to look as part of updating the entire WDO Code, however, it is unknown as to how long this process will take. Page 6 -Council Meeting Minutes, Mazch 23, 2009 44 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING Attorney Shields stated that the process will take a year if not longer to complete. Administrator Derickson briefly reviewed the processes the school could follow in order to work towards a decision on this issue whether it be a site specific application or one in which it is reviewed by the Focus Group as a potential amendment to the WDO. Jake Jacobsen stated that he is involved with several businesses and is a developer in a number of communities. He has found that Woodbum is really good and can be proud of Building Official Krieg who is a very knowledge building inspector who strives to get plans reviewed and back to contractors in a timely manner. Currently, funds are getting tighter and, with small business, it takes a proper attitude in how you approach your business to bring in customers. In face of the economy, his wife will be opening a second business in Woodburn within the next two weeks and it is difficult to open a business in the downtown area when all of the discussion about businesses in Woodburn focuses on the Highway 214 and Highway 99E corridors. He stated that he had spoken with City Administrator Derickson about his concerns and had been referred to Acting Police Captain Alexander to help them with the timeline process when applying for various permits through the City. As a result, he had found that City permits had different time periods in which they needed to be filed and he requested that the City standardize the time periods. He expressed his desire to continue to be involved in the community and looks forwazd to being a member on the Sign Focus Group. Tape 2 Councilor Schmidt questioned how long it would take to standardize the time periods as requested by Mr. Jacobsen. City Attorney Shields stated that it should not be that difficult if it is an inconsistency but he would first need to discuss it with the Police Department to determine the issue that has been discussed with them. 0381 CONSENT AGENDA: A) approve the City Council minutes of March 9, 2009; B) approve the Planning Commission minutes of January 22 and February 12, 2009; C) accept the Planning Project Tracking Sheet dated March 10, 2009; D) accept the Building Activity Report for February 2009; E) accept the Community Services Department Statistics report for February 2009; ~ approve the Recreation and Park Board minutes of March 10, 2009; G) accept the Police Department Crime Statistics for January and February 2009; H) accept the Code Enforcement Statistics for January and February 2009; and n accept the February 2009 Claims report. MCCALLUM/LONERGAN.... adopt the Consent Agenda as presented. The motion passed unanimously. 0440 PUBLIC HEARING• COMPREHENSIVE PLAN AMENDMENT CPA 2008 Ol (PARKS AND RECREATION MASTER PLANZ Page 7 -Council Meeting Minutes, March 23, 2009 45 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING Mayor Figley opened the public hearing at 8:40 pm. City Attorney Shields stated that this is a land use decision but it is legislative and the quasi judicial process does not apply to this hearing. Community Development Director Hendryx stated that before the Council is a Pazk Comprehensive Plan amendment to revise the park and recreation open space goals and policies section of the plan. In addition to the revisions, the Comprehensive Plan would adopt and update the City's Park and Recreation Master plan as asub-exhibit to the Comprehensive Plan. The Council had passed a resolution Last December to initiate this process and notice has been given to the Department of Land Conservation (DECD) in addition to advertising the public hearings before the Planning Commission and Council in the Woodburn Independent. 0625 Community Services Director Row stated that the Parks Master Plan update process has been in progress for over a year and it constitutes the first update to the Parks & Recreation Master Plan in 10 years. In developing the plan, a comprehensive needs assessment was done which included an analysis of the existing parks facilities and programs, a comprehensive community input process, analysis of current and proposed levels of service, and development of recommendations for making improvements to the City's pazk facilities and programs including strategies for ;funding, phasing, and timing for implementation. He introduced the City's consultant on this plan, Pat O'Toole, who is with Green Play LLC which is a nationally recognized parks and recreation planning firm out of Colorado. Pat O'Toole stated that the process started about a year ago and involved astart-up meeting, community input, citizen survey, demographics and trends, inventory assessment and level of service, followed by recommendations and action plans which will be discussed at this meeting. He reviewed the following key issues which includes recommendations as well as goals and objectives for each issue: (1) incorporate the master plan in the City work plan; (2) marketing and communication improvements; (3) creating and tracking performance measures; (4) increasing programming and partnerships; (5) increase cost recovery and funding; (6) evaluate and create an effective operating and maintenance system; (7) improve existing and develop new facilities; and (8) plan for community growth. The projected cost for priorities within this 10-year plan is $27,425,000 and broken down to the following yeazs: 2009-2012 ($3,410,000}; 2013- 2016 ($20,065,000); and 2017-2019 ($3,950,000). He provided a brief overview of priority projects listed for each year group which includes the estimated capital cost, funding sources for the project, the projected annual operating and maintenance cost estimate, and operating and maintenance funding sources. Councilor Pugh questioned if the picnic building at Burlingham Pazk is proposed to be expanded or replaced and, in regards to Burlingham Park expansion, where would the park be located since it is currently surrounded by buildings. Community Services Director Row stated that the picnic shelter is in poor condition and it would be replaced. The future additional park in West Woodburn has not been Page 8 -Council Meeting Minutes, March 23, 2009 46 CQUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READIN identified at this time and the map which has been distributed to the Council provides a circled area indicating a target zone in need of future park land. Councilor Pugh stated that the building next to Burlingham Park is now up for sale and he suggested that the City look into it since it has a nice building and open area available adjacent to the existing park. Councilor Lonergan stated that the building was offered to the City a number of years ago for low price but the maintenance costs were very high. Community Development Director Hendryx mentioned that the Planning Commission did recommend that the Council approve the Master Plan. He also mentioned that the Commission did make a recommendation that is reflected in the prioritization which moves up the acquisition of a park to the first priority period in the area south of Walmart. Councilor Schmidt stated that he had spent considerable time reviewing the draft plan but several weeks ago he had obtained a smaller draft plan document and he questioned why all of the material was not provided to him earlier. 1520 Director Row stated that he had been provided a copy of the draft document at that time and it subsequently went through more updates with inclusion of supplemental information by the time the Planning Commission held their hearing. The document before the Council is the most up-to-date version of the Pazks & Recreation Master Plan including the recommendations from the Planning Commission. Councilor Schmidt questioned how the survey was done by the consulting 5rm, why there was only a limited number of people in his neighborhood along the Greenway who received a copy of the survey, and how to obtain a copy of the mailing list of those who received the survey. Director Row stated that the scope of work provided to the consultant was to mail out 3,000 surveys to residents of the community with a goal to receive a response of 300-400 surveys which would give the statistical analysis firm a sufficient number of surveys to validate the results and draw conclusions about the desires of the community. The first round of surveys provided about 197 responses so the consultant, even though it was not in their scope of work, sent out an additional 2,000 surveys. Of the tota15,000 surveys mailed out, 349 surveys were returned which gave the consultants the confidence they needed to consider it a valid survey. The survey results were weighted for three factors: age, ethnicity, and home ownership. The survey firm purchased a mailing list of the entire 97071 zip code which included 7,300 households. Of the surveys returned, 7°l0 were from households outside of the city limits. Mr. O'Toole also mentioned that a mailing list will only provide one survey per household (physical address). His firm uses RC Associates to perform almost all of their surveys nationally since their firm is not a statistical firm. The City has the option of giving RC Associates a mailing list of utility customers, zip codes, or some other type of mailing list which RC Associates then randomly select the number of surveys they send out. If the City were to mail out the surveys, it takes away the random selection process. Page 9 -Council Meeting Minutes, March 23, 2009 47 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING The surveys were sent out on City letterhead and in City envelopes but by RC Associates. Councilor Schmidt stated that in his reading of the plan, the City should be pursuing the activities that involve youth rather than going the proposed route to spend a lot of money on wallcways and bikepaths. Mr. O'Toole stated that the section referred to by Councilor Schmidt is on trends and they apply regional trends of which youth is a tremendous movement and the teen market is also a moving tazget. However, trails and walking trails aze the number one amenity that all ages can use including youth and it will bring back the multi-generational use for the community. Councilor Schmidt stated that in his subdivision, they have trails and he sees very few people using them during daylight hours. Trails are expensive to construct and maintain and, of the survey results, close to 40% aze unwilling to pay anything towards recreation facilities. In regazds to youth programming, Director Row referred the Council to pages 92-95 which constitutes the text on Goal 4 which is to strategically increase programming and partnerships. Councilor Schmidt also suggested that staffre-visit the third section (page 1) that deals with the survey that was taken since the number of times the facilities had been used by a household during the last 12 months is the same number as the total responses (264) since it would appear that the number of times the facilities had been used would vary between the total number of returned surveys (349) and zero (0). Director Row stated that staff will check out this potential error. 2844 Mayor Figley stated that the document is quite lazge and it is quite possible that with the amount of statistical information used that some of the data could have been inputted incorrectly. This document does include an analysis of what the City's current assets are, it looks at a 10-yeaz old plan with a view toward what else can be done to improve the City's park and recreation facilities, and it includes current cost estimates to make improvements that aze listed as priorities. She stated that not all of the projects will be completed over the next 10 years nor will those that will be done be constructed in the order cun~ently listed in the proposed plan. She feels that this plan is a reality check to determine if this plan is consistent with what the City would like to do and, as an elected body, being able to look at what is being done well versus what needs to be improved or done differently. 2963 Mr. O'Toole stated that the survey is only one instrument used to get opinions from community members. The Focus Group and the of level of service also provides much needed information to formulate the draft master plan document. Councilor Schmidt also mentioned that a number of responders were concerned about the safety issue and how much they would be willing to pay for police officers and code enforcement. He also reiterated his opinion that the City should focus on activities for youth rather than the trail project since these individuals will soon be the workforce of the future. He stated that he does not understand why Centennial Park, a facility used by Page 10 -Council Meeting Minutes, March 23, 2009 48 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READIN youth, has not been finished and felt that the $3-$4 million proposed for the trail project should be diverted to other projects such as completion of Centennial Park and many other facility projects. 3357 Mayor Figley reminded the Council that the Master Plan is a guideline for a lot of decisions that maybe made over the next 10 years by a number of different Councilors with input from the Park & Recreation Board and community members. Councilor Schmidt stated that he could support the master plan except for the greenway trail project. He felt that the path will be used at night even though it is to be closed after once it is dark for potential criminal activity and the pathway will have serious consequences to the public safety officers once the trail is extended along the greenway in close proximity to the Woodburn Police facility located on Mt. Hood Avenue. 3733 Administrator Derickson stated that it is his understanding that the Greenway Master plan itself as a phase of the project is City policy and the Park and Recreation Master Plan before the Council not only supports the existing project that has been approved but prioritizes the phases beyond what is proposed to be constructed already. Therefore, adoption of the Park & Recreation Master Plan does not necessarily impact what has already been approved and moving forward in terms of the development of the trail project. Director Row stated that the Mill Creek Trail project was adopted in 2006, funding identified and obtained in 2007, and staff has begun implementation of Phase I . The Parks and Recreation Master Plan was developed considering other plans that were already in existence and includes a recommended list of potential projects in the future most of which do not have funding currently identified and will require future approval of by the Budget Committee and Council once funding is identified. He stated that there is no direct connection between the Parks and Recreation Master Plan and any other specific project other than to identify it as a potential project. The existing Parks and Recreation Master Plan identifies the acquisition of properties within the greenway and development of a trail system within the greenway as a goal which is an existing project. The Comprehensive Plan, Section L, which staff is proposing to amend as a part of this process already has language in it consistent with the acquisition of properties and development of a trail system within the greenway. Administrator Derickson stated that to impact the Mill Creek Greenway project it would require Council action independent from the Master Plan. He stated that the master plan provides a steering guide and the question is whether the plan reflects the direction the City wants to focus on for the next 10 years for park and recreation. It was noted that plans can be changed and funding determines which projects move forward. Councilor Pugh expressed his opinion that the Council should be moving forward with the Parks and Recreation Master Plan, however, an addendum should be made to set aside a study with certain people to look at the Mill Creek Greenway project again. Mayor Figley stated that several have made the point that the Parks and Recreation Master Plan is a guideline and when funds become available then a policy decision is Page 11 -Council Meeting Minutes, March 23, 2009 49 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING made as to whether or not a project moves forwazd. She stated that there are safety and security concerns that have been expressed by property owners adjacent to the greenway as it now is and those concerns will continue to be there even if the trail project were eliminated. She feels that this is a separate series of discussion from the Parks and Recreation Master Plan and concerns expressed by the neighborhood should be discussed outside of this venue. 4600 Councilors Lonergan and Cox questioned if this is the final document and, if so, the document needs to include page numbers on the table of contents, page numbers on the appendices, tabs and/or color coded sections in order to make the document more readable. Additionally, the staff should prepaze a report that shows what part of the plan is new or different so the Council can focus on these changes. Director Row stated that a staff report will be provided when the ordinance is brought back for Council consideration. 4875 Rosetta Wangerin stated that she has been a member of Parks & Recreation Boazd for over 6 years and has participated in the Master Plan process for the Greenway, Legion Park, Settlemier Pazk, and the Master Pazk Plan. As of March 2009, she is now the Chair of the Board and stated that the Board is in support the master plan which is an overall comprehensive plan pulling together all of the many facets of what has been happening in Woodburn. She stated that this is a good plan that takes into consideration everything except for the fmancial environment of our country is as of today. She stated that her property backs up along the greenway neaz Wyffell Park and they used to see a lot of illegal activity between Young Street and Lincoln Street but now that she and other neighbors have cut down the weeds and cleaned up the area they now find where people are moving through the area and the children aze playing safely at the pazk. She also provided to the Council with letters from four (4) of her neighbors in support of the Master Plan and noted that one of her neighbors did add that they wanted to see that everything would be patrolled and policed well to discourage any illegal activity. Bruce Thomas stated that, until December 2008, he had been a Pazk Board member for several years. He stated that there was a lot of public input that went into this plan besides the survey and the Pazk Boazd had requested that additional surveys be distributed following the initial mailing since they wanted to obtain more responses from the community. Additionally, former Councilor Richard Bjelland also assisted in the statistical analysis of the survey responses. He spoke in favor of the master plan and urged the Council to adopt the plan. Dagmaz Kinne, Grant Street, expressed her support of master plan because it looks towards building a community that is coherent and it provides valuable benefits relating to quality of life. The plan will tie the various places and divisions of Woodburn together and the concerns as faz as safety, orderliness, how to maintain it, and how to finance it are details that will be addressed whereas what is being talked about at this time is just a plan in looking into the future over the next 10 years. Page 12 -Council Meeting Minutes, March 23, 2009 50 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE }tEADIN Allen Quintero, Julie Ct, spoke in favor of part of the Master Plan but feels that the Mill Creek greenway should be deleted from the plan with the money to be used in other areas of parks and recreation. He stated that there aze a lot of projects going on within the City and spending money on the trail project should not happen. Zandi Cox, Hermanson Street, felt that there are a number of worthwhile projects included in the Master Plan, however, she urged the Council to reconsider the master plan. She stated that she has read a majority of the plan and has read the Mill Creek Greenway plan multiple times. She felt that there are safety and security issues that need to be addressed. Other issues of concern relating to Mill Creek Phase I include (1) not all of the azea will be accessible by vehicle, (2) the park is adjacent to problem areas and a homeless camp is located at the county line, (3) Mill Creek is storm water runoff and the water levels in this creek are unpredictable, (4) trail projects have invasion of private property issues since a lot of the Mill Creek plan does turn people's private properties into public right-of--way, and (5)adding a parking lot to the end of their neighborhood will increase the traffic in their area. Lastly, she expressed her belief that the City needs to have a solid plan together before they move forward on projects that have neighborhood and community impacts. She reiterated that Mill Creek is a drainage ditch and the pond behind it is half dry during several months of the yeaz and there is a better solution on how to spend the City's money and, if this money must be spent, then the concerns of the property owners need to be addressed. Tape 3 Brenda Tuley, Hermanson Street, stated that her issues also relate to (1) security issues, (2) annual flooding of Mill Creek will require annual replacement of wood chips or gravel on the trail, and (3) continued graffiti on private property. She stated that their neighborhood has banded together to try and keep their azea a safe and quiet environment She stated that she understood trying to improve the community but their part of the community is not ready for it because law enforcement has not been able to control it. She also mentioned that they had purchased their home because of its privacy but she is convinced that if the trail project proceeds then their privacy will be taken away and it will create an opportunity for additional crime in their area. Councilor Lonergan stated that since the last Council meeting there was a successful drug raid in the neighborhood and assured Ms. Tuley that the police are in the area. Chris Kazressboom, Cleveland Street, stated his objection to opening up a pathway down Marshall Street that is not well-lit and Hermanson Park has no lighting at all. He also expressed concern on how the pathway wild invite criminal activity in the park and adjacent neighborhood. Lastly, he mentioned that the park is always wet in the winter months and he does not feel that it will be a good park for pedestrians walk through yeaz- round. 700 Allen Wright, Julie Ct, stated that he had bought the property for the greenway, privacy and peacefulness and he wants to keep the wildlife habitat as it currently is. He agreed with the statements made previously regazding security issues. He urged the Council not to proceed with Phase I of the trail project. Page 13 -Council Meeting Minutes, March 23, 2009 51 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING Dan Eichenauer, Marshall St., agree with the security issues brought up by other individuals and stated that he is also impacted by the installation of a sidewalk in front of his home which will take up about one-third (1/3) of his driveway. Robert Estrada, Hermanson St., spoke in opposition to the plan since he does not know what impact the plan will have on him in the future. He stated that he does not want to lose his backyard privacy which will betaken away if the trail is constructed. During the winter months, the water level is quite high and during the summer months there is very little water in the pond. He also expressed concern about security since people will use the trail even though it is closed off after dark. He stated that Meadowpark is a nice azea in which to live and does not know what impact the trail will have but he does want to keep the location as it currently is since it does provide him some privacy. Agnes Haugen, Deer Run Lane, felt that the master plan is okay but not the greenway portion in Meadowpark. She urged the Council to reconsider the greenway project. Cory Cox agree with everything that has been said and he submitted a letter into the record from property owner Douglas Hannan who was unable to attend this meeting. Mayor Figley also submitted into the record a letter she had received from Eric Morris in support of the Park & Recreation Master Plan. PUGH/ ... remove the Mill Creek greenway from the Master Plan. Mayor Figley stated that the motion cannot be made until after the public hearing is closed. Acting Chief Blevins spoke on concerns expressed by Ms. Tuley and other members of the audience. He stated that he was not able to share information at the last meeting regarding the house on Wilson Street since they had been working on this location for about six months. They have also spoken with the owner of Shalimaz who has cleazed out a lot of brush which will help the police stave off the homeless camps and he has agreed to file a trespass complaint on anyone who sets up camp out there which will then give the police the ability to make arrests. In regards to tagging, that is a city-wide problem and patrol staff cannot provide 24/7 coverage to any azea in town. Lastly, the department cannot comment on juveniles being arrested which is why Ms. Tuley was unable to obtain information on the outcome of one or more cases. He assured those present that the Police department will do their best to patrol the area. Ms. Tuley stated that she understands that police cannot be in the area all of the time and they have had to chase people off numerous times. Calls have been made to the department but officers cannot be in the area quick enough to detain the individuals causing problems. She stated that she did not see how police patrols would increase if the trail is put in even though the trail will provide some accessibility. Additionally, the trails will increase the chance of undesirables coming into the azea which is of concern to the neighborhood. Councilor McCallum stated that at the last meeting, it was mentioned that will be necessary to increase patrols in the area but it may not be a fully certified police officer doing the patrolling. Page 14 -Council Meeting Minutes, March 23, 2009 52 COUNCIL MEETING MINUTES IYIARCIi 23, 2009 TAPE READING Acting Chief Blevins stated that park rangers are an option for nightly patrol which are used in some cities. Another option is providing bicycle patrols after dark and the officers will use night vision goggles. If the trail is constructed and they work at keeping patrols in the area during the initial opening period, then it should reduce the criminal activity in the area. 1838 Cory Cox continued to express his concern about security even though a park ranger might be available to respond to a call for service. Mayor Figley stated that this neighborhood still has problems that need to be addressed whether a greenway is constructed or not. She suggested that arrangements be made to meet with the neighborhood to discuss more specifically what is going on in their area and what can be done to make it better since a problem already exists. Bruce Thomas stated that the Master Plan has between 100 and 200 components of which the greenway trail is only one component. The Park Board started this process when the Master Plan was adopted around the year 2000 based on citizen input at that time. The greenway is a continuous loop that would be built out over many years. Councilor Lonergan stated that citizen input was started in the 1970's when much of the land was donated and they had looked at bikepaths and trails along Mill Creek at that time. Councilor Schmidt stated that he would agree with the Master Plan if it did not include the greenway project. He did not object to the greenway if the City had good security in that area but that is not something that can be provided on a regular basis. Jake Jacobsen agreed that the youth are the future for our community and the plan before the Council is laid out to help the youth but it is obvious that the greenway is not as acceptable. He expressed his opinion that the plan not include the trail project. Robert Estrada, Hermanson St., expressed his opposition to the greenway project since it would directly affect him. He did not oppose the entire trail project but did oppose the project that would be behind his property. He also mentioned that he has owned his property for about 18 months and has never been approached by anyone as to what he thought about a trail behind his property. 2510 Councilor McCallum requested updated information on the wildlife issue and what happens on the permitting procedure. Director Row stated that when the City had applied for the grant, the Department of Fish and Wildlife (ODFW) was sent a copy of the trail project to comment on and voice any concerns, however, they did not comment at the time. He stated that he has spoken with the City's environmental biologist who is in the process of finalizing the City's wetland permit application and she stated that most of the issues recently brought up by ODFW aze addressed in the permit. Staff believes that there are no concerns relating to negative impacts on wildlife habitat that would be under the purview of ODFW for this project. Councilor McCallum stated that a concern had been raised about providing medical assistance on the pathway since the pathway width may range from 12 feet down to 6 feet. Page 15 -Council Meeting Minutes, March 23, 2009 53 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING Director Row agreed that some of the pathway areas maybe difficult to access by emergency services and in the 6 foot area it will require access from one end or the other on foot. Councilor Schmidt stated that he has spent time with both Hubbazd and Aurora Fire Departments over years and he does not see where medical access will be a problem. Councilor Cox stated that following this hearing, a motion will be made to have staff draft a proposed ordinance approving the Park and Recreation Master Plan with the deletion of the greenway pathway. He questioned if there was a way to delete this portion of the pathway without deleting the whole idea of pathway systems throughout the Mill Creek greenway. Administrator Derickson stated that there has been considerable money spent on the project that is currently moving forward. The removal of the future development of the greenway project may be taken out of the Master Plan but it may not stop the project that has aheady been approved by the Council unless the Council decides to stop the project. Staff recommended that they be given tune to address some of these issues and provide a staff report outlining the changes to the existing Master Plan in addition to making the proposed Master Plan easier to read. Mayor Figley suggested that the public hearing be continued in order to come back with materials that are more user friendly and, during that time, schedule some time to meet with the neighborhood in a venue that is more appropriate toward healthy discussion and getting somethings done. Councilor Pugh expressed his desire to make a motion as previously brought up during this hearing. Discussion was held as to whether or not to close the hearing and the procedure that would be followed depending upon which option is selected. City Attorney Shields stated that there aze two (2) basic options: 1) hearing be closed then no other comments can be taken by the Council at the next meeting or 2) a motion to continue needs to be done before the hearing is closed. Since this is a land use case, any motion on changes to the proposed Master Plan would be made by the Council after the hearing is closed. 3660 Councilor Lonergan stated that the Planning Commission was looking at changing the priority of one of the pazks and adding one in the southeast portion of the City off of I-5. He questioned if, when the property was being developed, did the City acquire land in lieu of money for park development. Director Row stated that the Planning Commission had looked at taking a specific recommendation and moving it up one 4-year time period. In regards to the available land, the City does not own any land in that particular area and money acquired from the development has been placed in the Parks System Development fond. Councilor Schmidt requested clarifcation on the greenway project status of Phase I if the greenway project is taken out of the proposed Master Plan. Page 16 -Council Meeting Minutes, March 23, 2009 54 COUNCIL MEETING NIINUTES MARCH 23, 2009 TAPE READING Administrator Derickson stated that Phase I has ah~eady been approved by the Council but if it is policy decision to consider not proceeding with Phase I, then staffneeds to be able to provide a report to the Council on the financial commitments, grant contracts, impacts, and acquisitions relating to this project. 4026 COX/MCCALLUM.... hearing be continued to the second mceting in April with the record kept open and the staffbe instructed to make specific findings in the areas discussed - 1) improvements be made in the report making it more user friendly, 2) advice or opinion from staff of what affect it would have to delete Phase I of the Greenway project from both the Park & Recreation Master plan and the overall Greenway plan; and 3) to call a halt on Phase I. Councilor Pugh objected to the motion since he was unable to have his motion seconded and voted upon. Mayor Figley stated that Councilor Cox's motion was a procedural motion which has precedent. On roll call vote, the motion passed 5-1 with Councilor Pugh voting nay. Mayor Figley continued the public hearing until the second meeting in April at which time the public will be able to make additional comments. Administrator Derickson stated that staff will do an analysis of the options that were brought up at this meeting for Council review. Mayor Figley stated that she has heard from the members of the neighborhood that they have a problem that needs to be addressed whether the trail project is constructed or not and meeting in a informal process is a way to get some issues taken care of that impacts their quality of life. Councilor Cox thanked everyone who testified and stated that he is very acutely aware of the concerns they have expressed. He did not want to make any commitment to agreeing with them but hoped that something would at least be acceptable. 4475 COUNCIL BILL NO 2766 -RESOLUTION DIRECTING THAT STOP SIGNS BE INSTALLED ON AUSTIN AVENUE. GARFIELD STRF_FT SMITH COURT. WORKMAN DRIVE. AND MAPLE STREET WHERE THEY INTERSECT WITH SMITH DRIVE AND /OR MCL_AUGHLIN DRIVE. Councilor McCallum introduced Council Bill No. 2766. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor McCallum questioned if the national code was followed that addresses whether a stop sign can be installed at an intersection depending upon the type of street. Administrator Derickson stated that stop sign placement has been adopted by the City under the provisions of the Manual of Uniform Traffic Control Devices which is a section of the Uniform Traffic Code. This document delineates standards and criteria for the use of these types of devices and it is the opinion of Public Works that stop sign placement is consistent with that criteria. Page 17 -Council Meeting Minutes, March 23, 2009 55 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READIN Councilor Cox stated that adoption of this resolution will solve the immediate problem the residents are experiencing. However, he still feels that traffic calming devices remains to be an issue that needs to be addressed in the future. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declazed Council Bill No. 2766 duly passed. 4755 COUNCIL BII.L N0.2767 -RESOLUTION SUPPORTING A TRANSPORTATION AND GROWTH MANAGEMENT (TGM) GRANT APPLICATION TO DEVELOP A ffiGHWAY 99E CORRIDOR PLAN. Council Bill No. 2767 was introduced by Councilor McCallum. The bill was read by title only since there were no objections from the Council. Councilor Lonergan questioned if this corridor would allow the City to manage the color of paint that is put on some buildings along Highway 99E. Director Hendryx stated that this plan would look at the Highway 99E corridor as to how we would like to see it in the future. The plan is primarily designed to look at the ultimate street right-of--way, what improvements are there, and access control. However, some building design can be considered in the plan. Administrator Derickson stated that this particular grant application has come from staff and other people in the community about envisioning the next step for the Highway 99E corridor and what is the next appropriate mechanism for starting to Look at it for the future. Councilor McCallum stated that anything that can be done for businesses along Highway 99E would be helpful. Councilor Schmidt stated that there is a lot of support from business owners along Highway 99E. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declazed Council Bill No. 2767 duly passed. 5294 OLCC LIQUOR LICENSE NEW OUTLET FULL OFF-PREMISE SALES: El Rancho Grande Market.1335 N Pacific Highway Suite 130. An application for a new outlet off-premise sales liquor license was submitted by Rigoberto Pineda DBA: El Rancho Grande Mazket Inc.. COX/LONERGAN... recommend to OLCC approval of the new outlet application for El Rancho Grande Market, Inc.. Councilor McCallum mentioned that any new outlet does somewhat increase the burden on Police Department. The motion passed unanimously. 5364 2009 COPS CHRP POLICE OFFICER FUNDING GRANT. Staff requested authority to apply fora 2009 Community Oriented Policing Services (COPS) Hiring Recovery Program grant which, if received, will providing funding to hire Page 18 -Council Meeting Minutes, Mazch 23, 2009 56 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING a police officer to fill a current vacancy without placing a major burden on the City's budget. Grant funds will pay for 100% of a police officer at the entry salary level and benefits for 36 months. The City would be required to retain the position for at least 12 months following the conclusion of the grant period. LONERGAN/MCCALLUM...authoriu staff to make application for a police officer position under the 2009 COPS CHRP grant. Administrator Derickson stated that this staff report was written by Police Chief Russell who has been released to work a couple of hours each day. The motion passed unanimously. 5475 CITY ADMII~TISTRATOR'S REPORT. Administrator Derickson briefed the Council on the City's grant allocation from the State of Oregon in the amount of $268,000 for our transportation program. The City submitted first and second tier proposed projects to ODOT and the City's first tier project for the use of that money included the replacement of a mid-size bus, transit plan, narrow band radio communications for transit, and downtown transit facility annex in the south parking lot. S~f25 MAYOR AND COUNCIL REPORTS. Councilor Lonergan stated that their had been some previous discussion about installing a crosswalk across South Settlemier in the vicinity of Settlemier Park since youth will cross that roadway in order to enter into the park and the traffic speed on Settlemier Avenue has raised concerns from the residents. Councilor McCallum questioned if the City had submitted asix-month letter to ODOT regarding the placement of a traffic light at Park Avenue to allow pedestrians to safely cross Highway 214. He also thanked Councilor Berkey for the opportunity to show the Council a great light industry business in Woodburn. Councilor Schmidt stated that he was not in favor of speed bumps since they can cause damage to a motor vehicle and he felt that there are better ways than speed bumps to address the speeding problem. He also requested that the calendar on the City web page be updated with all meetings and not just City Council meetings. Councilor Berkey thanked everyone for attending her company's open house. 6030 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660(2xd). COX/LONERGAN.... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. Page 19 -Council Meeting Minutes, March 23, 2009 57 COUNCIL MEETING MINUTES MA.RCIi 23, 2009 TAPE READIN The Council adjourned into executive session at 11:27 p.m. and reconvened at 11:47 p.m.. Mayor Figley stated that no action was taken by the Council while in executive session. 6095 ADJOURNMENT. MCCALLUM/COX .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 11:48 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page ZO -Council Meeting Minutes, March 23, 2009 58 Executive Session COUNCIL MEETING MINUTES March 23, 2009 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 23, 2009. CONVENED. The Council met in executive session at 11:28 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Councilor Berkey Present Councilor Cox Fresent Councilor Lonergan Present Councilor McCallum Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Stevens, 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 to conduct deliberations with persons designated by the governing body to conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(2)(d). ADJOI;fRNMENT. The executive session adjourned at 11:45 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 -Executive Session, Council Meeting Minutes, May 23, 2009 59 COUNCIL MEETING MINUTES March 28, .2009 Goal Setting and Governance Training Workshop DATE: BOARD ROOM, SALUD MEDICAL CENTER, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 28, 2009 CONVENED. The meeting convened at 8:00 a.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Councilor Berkey Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson. Also in attendance was Consultant Stacey McLaughlin, the workshop facilitator with Mountaintop Insight Consulting. GENERAL BUSINESS. A) Goal Settin¢ and Governance Trainins -Fiscal Year 2009/2010 City Administrator Derickson stated that in response to the City Council's desire to develop municipal goals he had scheduled this meeting. He also provided an overview of the need to develop ground rules for meeting administration to better meet the needs and expectations of various City Councilor's when conducting the public's business. The City Administrator introduced consultant Stacey McLaughlin stating she would be facilitating the workshop and turned the meeting over to Ms. McLaughlin. Ms. McLaughlin provided an overview of her background in municipal government and organizational development training in government, nonprofit and corporate settings. Ms. McLaughlin reviewed the various communication styles with the City Council and offered insight and information on the decision-making processes of the various styles communication styles. As a component of the goal setting process Ms. McLaughlin led the City Council through experiential group processes assisting the City Council in defining its principle interests and concerns for the City of Woodburn for the upcoming fiscal year. The City Council then used the information to formulate goals for the upcoming fiscal year. Page 1 -Council Meeting Minutes, Mazch 28, 2009 60 The City Council engaged in discussion about numerous issues facing the City in order to determine its focus for the next fiscal yeaz - it was the consensus of the City Council to focus on specific areas that are not necessarily considered a part of the day ~o -day business of the municipal staff. It was also determined the goal list, while certainly not all inclusive of all of the City Council's desires for the community -would focus on a reasonable number of goals the City Council felt were important and could be accomplished within the next twelve months. Goal areas included: • Improve Communications - develop a communication plan; redesign the City's website • Promote Economic Development -complete the economic development plan in partnership with the Chamber of Commerce; revisit the City's economic strategy regazding business attraction, retention and sustainability • Implement Community Outreach -build cultural connections with community members; assist community members in economic crisis; build partnerships • Refine City Policies -complete long-range fmancial plan; create cleaz municipal regulations and codes for greater understanding-and eliminate unnecessary over- regulation The City Council continued to work through a brief lunch -Councilor Lonergan left the meeting at 1:15 as he had a prior commitment. The City Council also engaged in discussion regarding meeting conduct, and examined various ground rules by which the meetings would be conducted. Suggestions included: no surprises, ambushes or set-ups, keep the meeting environment civil and professional, agree to disagree, honor one another's perspective -tell it like it is, seek clarification when you do not know. After additional discussion, it was agreed that the consultant would forward additional examples of Council and Boazd ground rules for the City Council to examine and discuss further, perhaps at a future City Council meeting or training session. ADJOURNMENT. The meeting was adjourned at 3:49 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST: Scott Derickson, Administrator City of Woodburn, Oregon Page 2 -Council Meeting Minutes, March 28, 2009 61 PROGRAM x AP0460 REPORT x CHECK REGISTER USER s VEEOT DATE s 4/08/09 TIME s 8:47 NOLD YES COPIES s 1 OUTPUT QUEUE: FINNP3055 DISTRIBUTION: •NONS SELECTION OPTIONS BANK ACCOUNT A/P PROM CHHCK NUM86R •ALL THRU CBHCK NUMBER •ALL FROM CBECK DATH x 3/01/2009 THRU CNHCK DATB 3/31/2009 RHCONCILIATION STATUSHS: RECONCILED UPDATED ALL 62 NOODBURN LIVE C I T Y O P W O O D B V R N PAGE 1 DATE 4/ 08/09 AP0460 TIME 8: 47:33 CHBCK REGISTER VEBOT CHECK tl s . a CHECK DATE PAYEE NAMB 3TATU3 STATUS DATB UPDATED CHECK AMOUNT RECONCILED AMT DIPPBRENCE sn ac. eesssas.u vs:u usassao HANK ACCOUNT a AP A/P Accounts Payable s:ass.as. ussssas.assssu sssa sas ... asassavs. .oass..asassa s. .a....s:sss as 96906 3/31/2009 BBS RBCONCILBD 4/07/2009 Y8S 727.29 727.29 .00 96907 3/31/2009 LINCOLN NATIONAL LIPS INS RECONCILED 4/07/2009 YES 487.65 489.65 .00 96908 3/31/2009 VALLEY MAILING SERVICE IN RBCONCILED 4/07/2009 YSS 871.70 871.70 .00 96909 3/06/2009 ACTION DRAIN i ROOTBR SER RECONCILED 4/07/2009 YE8 3,489.00 3,489.00 .00 96910 3/06/2009 ALEX13 R88TAURANT RBCONCILSD 4/07/2009 YES 30.00 30.00 .00 96911 3/06/2009 ALLiBD NA8T8 SERVICES 845 RECONCILED a/07/2009 YBB 808.25 Bo8.25 .00 96912 3/0612009 ARC-OREGON TRAIL CHAPTER- RECONCILED 4/07/2009 YES 3,800.00 3,800.00 .00 96913 3/06/2009 ANNE ROSALSS RECONCILED 4/07/2009 YES 87.00 87.00 .00 96914 3/06/2009 ANAADS AND ATHLETICS RECONCILED 4/07/2009 Y83 54.00 54.00 .00 96915 3/06/2009 HOONEB PERRY ELECTRIC INC RECONCILED 4/07/2009 YES 1,062.97 1,062.97 .00 96916 3/0611009 CANNY TELECOM RECONCILED 4/07/2009 YSS 19.95 19.95 .00 96917 3/06/2009 CANON FINANCIAL SERVICES RECONCILED 4/07/2009 YES 333.00 333.00 .00 96918 3/06/2009 CAPITOL A33ST3 AND PAVHMH RECONCILED 4/07/2009 YSS 9,900.00 9,900.00 .00 96919 7/06/2009 CHARLB3 NHITS RECONCILED 4/07/2009 YH3 934.50 934.50 .00 96920 3106/2009 DATAVISION COMMUNICATIONS RBCONCILED 4/07/2009 YHS 294.50 294.50 .00 96921 3/06/2009 DEPT OP BNVIRONMBNTAL QUA RECONCILED 4/07/2009 YSS 240.00 240.00 .OD 96922 3/06/2009 DESKS INC RBCONCILBD 4/07/2009 Y88 3,571.00 3,571.00 .00 96923 3/06/2009 DOROTHY PALMER RECONCILED 4/07/2009 Y8S 6.00 6.00 .00 96924 3/06/2009 ERNIE GRAHAM OIL INC RECONCILED 4/07/2009 YES 504.63 504.63 .00 96925 3/06/2009 FEDERAL EXPR838 CORD RECONCILED 4!07/2009 YBS 106.88 106.88 .00 96926 3/06/2009 INORAM LIBRARY SERVICES RECONCILED 4/07/2009 YBS 296.31 296.31 .00 96927 3/06/2009 JACK RANLINGS RECONCILBD 4/0?/2004 Y88 21.40 21.40 .00 96928 3/06/2009 JARROD HOIPER3 RECONCILED 4/07/2009 YSS 103.95 103.95 .00 96929 3/06/2009 JOSH ROUSCULP RECONCILED 4/07/2009 YSS 45.00 45.00 .00 96930 3/06/2009 KATHY PIOLBY RECONCILED 4/07/2009 YE3 62.74 62.74 .00 96931 3/06/2009 REVIN RAY POTTER RECONCILED 4/07/2009 YES 2,760.00 2,760.00 .00 96932 3/06/2009 L. CRAIG AALUPONSKI RECONCILED 4/07/2009 Y8S 269.50 269.50 .00 96933 3/06/2009 LEAGUE OF ORBGON CITIES RECONCILED 4107/2009 YSS 20.00 20.00 .00 9693• 3/06/2009 MARION COUNTY BLDG INSPEC RBCONCILBD 4/07/2009 YBS 150.64 150.64 .00 96936 3/06/2009 MK)LALLA COMMUNIGTIONS RBCONCILBD 4/0T/2009 Y88 149.70 149.70 .00 96937 3/06/2009 NBOPOST LSA3ING RBCONCILBD 4/07/2009 YSS 111.52 111.52 .00 96938 3/06/2009 NST A8SBT3 CORPORATION RECONCILED 4/07/2009 YBS 240.00 240.00 .00 96939 3/06/2009 NBXTBL COMMUNICATIONS RECONCILED 4/07/2009 Y89 2,162.09 2,162.09 .00 96940 3/06/2009 NORTHNBST NATURAL OA8 RECONCILED 4/07/1009 YES 10,544.15 10,544.15 .00 96941 3/06/2009 OR DEPT OP TRANSPORTATION RECONCILED 4/07/2009 YES 95.00 45.00 .00 96942 3/06/2009 ORSQON GARDEN RECONCILED 4/07/2009 Y88 75.00 75.00 .00 96943 3/06/2009 PACIFIC OFFICE AUTOMATION RBCONCILHD 4/07/2009 Y8S 38.37 38.37 .00 96944 3/06/2009 PBTROCARD RBC0NCIL8D 4/07/2009 YES 2,095.37 2,095.37 .00 96945 3/06/2009 PORTLAND CiBNBRAL ELECTRIC RECONCILED 4/07/2009 YES 36,905.37 36,905.37 .00 96946 3/06/2009 PORTLAND GBNHRAL HLECTRIC RECONCILED 4/07/2009 YES 441.95 441.95 .00 96947 3/06/2009 PORTLAND GBAiERAL BLBCTRIC RECONCILED 4/07/2009 YES 885.91 885.91 .00 96948 3/06/2009 POSTNS? RECONCILED 4/07/2009 Y86 30.00 30.00 .00 96949 3/06/2009 PRECISION AMMUltITION LLC RECONCILED 4/07/2009 YBS 9,391.73 9,391.73 .00 96950 3/06/2009 PUBLIC NORKB SUPPLY INC RECONCILED 4/07/2009 YS3 196.25 196.25 .00 96951 3/06/2009 QNBST RBCONCILBD 4/07/2009 YE3 128.01 128.01 .00 96952 3/06/2009 RADIX CORPORATION RBCONCILED 4/07/2009 Y83 204.00 204.00 .00 96953 3/06/2009 RALPH HARRIS RECONCILED 4/07/2009 YH9 45.00 45.00 .00 96954 3/06/2009 ROY HIDING ABCONCILSD 4/07/2009 Y88 13.00 13.00 .00 96955 3/06/2009 SCOTT STINSON RECONCILED 4/07/2009 YBS 25.25 25.25 .00 96956 3/06/2009 SILKE COMMUNIGTIONB INC RECONCILED 4/07/2009 Y83 195.98 195.98 .00 96958 3/06/2009 VYANBT OPERATING GROUP IN RECONCILED 4/07/2009 Y83 88.50 BB.50 .00 96959 3/06/2004 STAPLES HUSIN888 ADVANTAG RECONCILED 4/07/2009 YSS 708.11 708.11 .00 63 WOODBURN LIVH C I T Y O F W O O D B U R N PAGE 2 DATE 4/08/09 AP0460 TIME 8:97:33 CHHCX REGISTER VESOT CHECK M CBECX DATE PAYEH NAME 3TATU3 STATUS DATE UPDATED CHECK AMOUNT RECONCILED AMT DIPPERHNCE ::.u~_~ 96960 =saa....::.....:....a.:a:..as.::..:. 3/06/2009 STATE OP ORHCiON CORP DIVI .a.....:~..: RECONCILED .~.a..~.:~..... 4/07/2009 ....:~~. YHS .:z............ 50.00 ~..........~::.m:..a 50.00 .....IIa::...... .00 96961 3/06/2009 TASBR INTERNATIONAL RECONCILED 4/07/2009 YSS 350.00 350.00 .00 96962 3/06/2009 TSSTAMERIG LABORATORIES RECONCILED 4/07/2009 YS3 926.07 926.07 .00 96963 3/06/2009 WAVE BROADBAND RECONCILED 4/07/2009 YES 317.23 317.23 .00 96964 3/06/2009 WHEELER DEALER RECONCILBD 4/07/2009 YES 134.73 139.73 .00 96965 3/06/2009 WILLIAM G WHISMANN RECONCILED 4/07/2009 Y8S 1,462.50 1,462.50 .00 96966 3/06/2009 WOODBURN RADIATOR 4 GLASS RECONCILED 4/07/2009 YES 250.00 250.00 .00 96967 3/06/2009 XEROX CORPORATION RECONCILED 4/07/2009 YSS 218.86 218.86 .00 96968 3/06/2009 YHS GRAPHICS RECONCILED 4/07/2009 YES 138.00 138.00 .00 96969 3/06/2009 ZURICH NORTH AMHRIG RBCONCILED 4/07/2009 YES 161,213.34 161,213.39 .00 96970 3/06/2009 911 SUPPLY RECONCILED 4/07/2009 YSS 103.95 103.95 .00 96971 3/31/2009 YALLBY MAILING SSRVICfi IN RHCONCILED 4/07/2009 YES 818.80 818.80 .00 96972 3/13/2009 A-QUALITY TYPEWRITER & CA RECONCILED 4/07/2009 YES 102.45 102.45 .00 96973 3/13/2009 ALLIED WASTE SERVICES M45 RECONCILHD 4/07/2009 YES 1,361.55 1,361.55 .00 96979 3/13/2009 AMAZON.COM CREDIT RECONCILED 4/07/2009 YES 581.28 581.28 .00 96975 3/13/2009 ARAMARK UNIFORM SERVICE I RECONCILHD 4/07/2009 YES 163.38 183.38 .00 96976 3/13/2009 ASAP SOFTWARH RECONCILED 9/07/2009 YES 317.33 317.33 .00 96977 3/13/2009 BEAVSRTON HONDA YAMAHA MO RECONCILED 4/07/2009 YSS 231.99 231.99 .00 96978 3/13/2009 BLUMIDiTHAL UNIFORM & EQUI RECONCILED 4/07/2009 YSS 407.70 407.70 .00 96979 3/13/2009 GSE CRBBK TRUCKING LLC RECONCILED 4/07/2009 YH9 150.00 150.00 .00 96980 3/13/2009 CDN GOVERNMENT INC RECONCILED !/07/2009 YSS 128.01 128.01 .00 96981 3/13/2009 CHNTSR POINT LARGH PRINT RECONCILED 4/07/2009 YSS 177.63 177.63 .00 96932 3/13/2009 CHARLBS JOHNSON RECONCILED 4/07/2009 YS3 3.00 3.00 .00 96984 3/13/2009 COASTAL FARM HOME 3UPPLY RECONCILED 4/07/2009 YS3 1,899.00 1,899.00 .00 96985 3/13/2009 COMPLHTH WIRELESS SOLUTNS RECONCILED 4/07/2009 YES 35.00 35.00 .00 96986 3/13/2009 DELL MARKBTING LP RHCONCILED 4/07/2009 YS3 1,035.99 1,035.99 .00 96987 3/13/2009 DHPENDABLB PRINTER 3UPPOR RECONCILED 4/07/2009 YE3 85.00 85.00 .00 96988 3/13/2009 DK & A33OCIATE3 INC RECONCILED 4/07/2009 YES 5,992.50 5,992.50 .00 96989 3/13/2009 DON 9CHUST2 RHCONCIL8O 4/07/2009 YS3 15.00 15.00 .00 96990 3/13/2009 DP NORTHNS3T INC RBCONCILHD 4/07/2009 YES 7,385.00 7,385.00 .00 96992 3/13/2009 FBRGUSON ENTERPRISES INC RECONCILED 4/07/2009 YS3 6,371.30 6,371.30 .00 96993 3/13/2009 FLHETPRIDH RECONCILED 4/07/2009 YBS 554.16 554.16 .00 96996 3/13/2009 GALE RECONCILED 4/07/2009 YSS 220.16 220.16 .00 96997 3/13/2009 GAYLORD BROS INC RECONCILED 4/07/2009 YES 97.06 97.06 .00 96998 3/13/2009 GRAINGBR INC RECONCILED 4/07/2009 YB9 193.81 193.81 .00 96999 3/13/2009 GRAPNIX PLUS RHCONCILED 4/07/2009 YSS 409.72 409.72 .00 97000 3/13/2009 GREAT WESTERN SWEEPING IN RECONCILED 4/07/2009 YES 10,346.10 10,346.10 .00 97001 3/13/2009 GTD INC DBA RUMORS RHCONCILED 4/07/2009 YES 196.77 196.77 .00 97002 3/13/2009 HACH CHHMICAL CO RECONCILED 4/07/2009 YSS 598.88 598.88 .00 97003 3/13/2009 I.C.M.A. RECONCILED 4/07/2009 YSS 1,039.00 1,089.00 .00 97004 3/13/2009 I.C.M.A. RECONCILED 4/07/2009 YES 772.80 772.80 .00 97005 3/13/2009 INGRAM LIBRARY SERVICES RECONCILED 4/07/2009 YES 77.31 77.31 .00 97006 3/13/2009 INNHRWORK COUNSELING CENT RBCDNCILHD 4/07/2009 YE9 5,700.00 5,700.00 .00 97007 3/13/2009 INTL MUNICIPAL LAWY8R3 AS RHCONCILED 4/07/2009 YSS 625.00 625.00 .00 97008 3/13/2009 ISOLUTIONS CONSULTING LLC RBCONCILED 4/07/2009 YSS 341.90 341.90 .00 97009 3/13/2009 JASON ROBBINS RECONCILED 4/07/2009 YSS 42.99 42.99 .00 97010 3/13/2009 JERRY JANSZBN RECONCILBD 4/07/2009 YHS 9.00 9.00 .00 97011 3/13/2009 KUSTOM KRBATIONS OF ORSGO RECONCILED 4/07/2009 YHS 296.70 296.70 .00 97012 3/13/2009 LABOR RELATIONS INPO SYST RSCONCILHD 4/07/2009 YBS 595.00 595.00 .00 97013 3/13/2009 LANGUAGE LINE SERVICHS RECONCILED 4/07/2009 YES 323.40 323.40 .00 97014 3/13/2009 LEAGUE OF ORHGON CITIHS RECONCILHD 9/07/2009 YHS 50.00 50.00 .00 97015 3/13/2009 MARION COUNTY BLDG INSPEC RECONCILED 4/07/2009 Y83 366.96 366.96 .00 97016 3/13/2009 MARION COUNTY CLERK RECONCILED 4/07/2009 YES 223.00 223.00 .00 64 WOODBURN LIVE C I T Y O P N O O D B U R N PAGE 3 OATB !/08/09 AP0460 TIME 8: 47:33 CHECK REGISTER VH8OT CHECK F v CHECK DATH PAY88 NANE STATUS STATUS DATE UPDATED CHECK AMOUNT RECONCILED AMT l s~sa~ DIFFBRHNCB aa~a a~~~~~~a~~~ ~RC~~s 97017 a~~ia3~iisiiEafss~llia~f at}~~~f ~~si~if~ 3/13/2009 MAULDING CONSTRUCTION ~a~~f ~siia~f RECONCILED ~i~~asif aaasasv~ 4/07/2009 iaa~~a~ YE9 aa~ss ~zasa~s ata 433.00 ay~i~a~ss~z~ :~ 433.00 .00 97018 3/13/2009 MELBA H8ND8RSON RBCONCILED 4/07/2009 YES 10.00 10.00 .00 97019 3/13/2009 MBLISSA MONJB RBCONCILED 4/07/2009 YES 77.52 77.52 .00 97020 3/13/2009 MICRODAQ.COM LTD RBCONCILBD 4/07/2009 YES 163.00 163.00 .00 97021 3/13/2009 MID NILLAN87TB VALLEY COG RECONCILED 4/07/2009 YES 60.00 60.00 .00 97022 3/13/2009 MONIQUB HULLING-ADAMS RECONCILED 4/07/2009 YB3 12.00 12.00 .00 97023 3/13/2009 NORCOM RECONCILED 4/07/2009. YB3 26,374.09 26,374.09 .00 97024 3/1312009 NORTNNEST NATURAL GAS RBCONCILBD 4/07/2009 Yfi3 9,182.88 9,182.88 .00 97025 3/13/2009 NURNBBRG SCIENTIFIC RECONCILED 4/07/2009 YE3 183.74 183.?4 .00 97026 3/13/2009 OFFICE DEPO? RECONCILED 4/07/2009 YES 88.89 88.89 .00 97027 3/13/2009 ONS CALL CONCEpT3 INC RECONCILED 4/07/2009 YE3 203.65 202.65 .00 97028 3/13/2009 OR DEPT OP ADMINISTRATIVH RECONCILED 4/07/2009 YES 894.06 894.06 .00 97029 3/13/2009 PACIFIC SPORTS TURF INC RECONCILED 4/07/2009 YES 8,778.00 8,778.00 .00 97030 3/13/]009 PATRICIA BMING RECONCILED 4/07/2009 YES 6.00 6.00 .00 97031 3/13/2009 PATRICIA THURRBLL RECONCILED 4/07/2009 YSS 8.00 8.00 .00 97033 3/13/2009 PORTLAND GENERAL ELECTRIC RECONCILED 4/07/2009 YBS 41,966.97 41,966.97 .00 97034 3/13/2009 QUALITY CONCRETE RECONCILED 4/07/2009 YBS 150.00 150.00 .00 97035 3/13/2009 QNEST RECONCILED 4/07/2009 Y83 199.77 199.77 .00 97036 3/13/2009 QNHST RECONCILED 4/07/2009 YBS 2,055.59 2,055.59 .00 91037 3/13)2009 RANDALL 0 LANGBHHN INC RECONCILED 4/07/2009 YES 762.50 762.50 .00 97038 3/13/2009 RECORDED BOOKS INC RECONCILED 4/07/2009 YES 231.60 231.60 .00 97039 3)13/2009 RED KING SHOE STORE RECONCILED 4/07/2009 YHS 253.59 253.59 .00 97040 3/13/2009 RICH GLAUBSR RECONCILED 4/07/2009 Y86 270.00 270.00 .DO 97041 3/13/2009 RIP CITY MAGAZINE RECONCILED 4/07/2009 YES 34.95 34.95 .00 97092 3/13/2009 RUTH GALLANT RECONCILED 4/07/2009 YES 20.00 20.00 .00 97043 3/13/2009 5AFBNAY 3TOR8S RECONCILED 4/07/2009 YBS 65.45 65.45 .00 97044 3/13/2009 $ILVSRFLSBT SYSTHM3 RECONCILED 4/07/2009 YBS 1,369.93 1,369.93 .00 97045 3/13/2009 SILVBRTON HOSPITAL BUS H8 RECONCILED 4/07/2009 YSS 144.00 144.00 .00 97096 3/13/2009 SPRINT RBCONCILBD 4/0711009 Y8S 246.95 246.95 .00 97047 3/13/2009 STAPL88 BUSINESS ADVANTAG RECONCILED 4/07/2009 YHS 1,667.55 1,667.55 .00 97098 3/13/2009 STAR MB'DICAL INC RECONCILED 4/07/2009 YES 1,172.00 1,172.00 .00 97049 3/13/2009 TERRITORIAL 3UPPLIB3 INC RECONCILED 4/07/2009 Y8S 471.60 971.60 .00 97050 3/13/2009 THOMAS BOURB(iY 6 CO INC RBCONCILBD 4/07/2009 Y83 60.00 60.00 .00 9?051 3/13/2009 TRAINER'S NARSHOUSB RECONCILED 4/07/2009 Y8S 71.71 71.71 .00 97052 3/13/2009 UNIVAR USA INC RECONCILED 4/07/2009 YBS 7,685.04 7,685.04 .00 97053 3/13/2009 U8 POSTAL SHRVICB RECONCILED 4/07/2009 YHS 200.00 200.00 .00 97059 3/13/2009 USA BLUEBOOK RECONCILED 4/07/2009 YSS 296.12 296.12 .00 97055 3/13/2009 USA MOBILITY NIRBLE$S INC RECONCILED 4/07/2009 YHS 112.26 112.26 .00 97056 3/13/2009 NATBR MHTRIC9 NEST RECONCILED 4/07/2009 Y88 663.61 663.61 .00 97057 3/13/2009 WBST PAYMBNT CENTER RECONCILED 4/07/2009 Y83 396.68 396.68 .00 97055 3/13/2009 NILCO FARMERS RECONCILED 4)07/2009 YHS 310.58 310.58 .00 97059 3/13/2009 NILLAMETTB CHAP RED CROSS RBCONCILED 4/07/2009 YBS 133.25 133.25 .00 97060 3/13/2009 NITHBRS LUMBER RECONCILED 4/07/2009 Y88 92.30 92.30 .00 97061 3/13/2009 NOODBURN INDEPENDENT RBCONCILED 4/07/2009 Y8S ?5.00 75.00 .00 97062 3/13/2009 Y83 GRAPHICS RECONCILED 4/07/2009 YES 101.50 101.50 .00 97063 3/31/2009 DUANB BARRICK RECONCILED 4/07/2009 YES 500.00 500.00 .00 97064 3/31/2009 VALLEY MAILING 3BRVICE IN RECONCILED 4197/2009 Y83 686.78 686.78 .00 97065 3/20/2009 ACS CHEMICAL TOILETS RECONCILED 4/07/2009 YES 523.50 523.50 .00 97066 3/20/2009 ALLNOOD INDUSTRI88 INC RECONCILED 4/07/2009 YSS 5,710.00 5,710.00 .00 97067 3/20/2009 AMBR PUBLIC gORK3 ASSN RECONCILED 4/07/2009 Y8S 225.00 225.00 .00 97068 3(20/2009 AMBRIGAS - SALBM RECONCILED 4107/2009 YS3 632.58 632.58 .00 97069 3/20/2009 APPLIED HLBCTRICAL TRAINI RBCONCILBD 4/07/2009 YES 100.00 100.00 .00 97070 3/20/2009 APPLIED INDUSTRIAL THCHNO RECONCILED 4/07/2009 YES 81.60 81.60 .00 65 NOODHURN LIVE C I T Y O F N O O D B U R N PAGH 4 DATE 4/ 08/09 AP0460 TIME 8: 47:33 CHECK REGISTER VESOT CHECK 8 ..~::.a: CHECK DATE PAYHB NAME aaa.a ae:~.==_:=~~:aa:~==___.~...~:.. STATUE STATUS DATE UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE 97071 3/20/2009 AQUAM INC .......as... RECONCILED ...e=.ae~.~~e.. 4/07/2009 .~..~... YSS ..~..~~:.~..... 553.00 aa.~....::._.~.~::a: 553.00 a:::....~.....~ .00 97072 3/20/2009 ARAMARK UNIFORM SERVICE I RECONCILED 4/07/2009 YHS 97.16 97.16 .00 97073 3/20/2009 ASONJA PERRY RECONCILED 4/07/2009 YES 85.00 85.00 .00 97074 3/20/2009 ASPHALT CONCRETE SOILS TE RECONCILED 4/07/2009 YSS 1,259.21 ],259.21 .00 97075 3/20/2009 ATLT RECONCILED 4/07/2009 YHS 43.85 43.85 .00 97077 3/20/2009 CHARLES WHITS RECONCILHD 4/07/2009 YES 959.00 959.00 .00 97078 3/20/2009 CHBMHKSTA COMMUNITY COLE RECONCILED 4/07/2009 Y8S 732.30 732.30 .00 97079 3/20/2009 CLACKAMAS HHRITAGfi PARTNE RECONCILED 4/07/2009 YHS 45.00 45.00 .00 97080 3/20/2009 CONSOLIDATED SUPPLY CO RECONCILED 4/07/2009 YHS 13,850.00 13,850.00 .00 97082 3/20/2009 DOLLAR 1'RHE STORE INC RECONCILED 4/07/2009 YSS 50.00 50.00 .00 97084 3/20/2009 FERGUSON 6NT8RPRISBS INC RECONCILED 4/07/2009 YES 8,650.81 8,650.81 .00 97085 3/20/2009 FIRST STt1DHNT INC RECONCILED 4/07/2009 YHS 262.50 262.50 .00 97087 3/20/2009 G.K. MACHINE INC RECONCILED 4/07/2009 YES 113.14 113.14 .00 97088 3/20/2009 GLOBAL EQUIPMENT CO INC RECONCILED 4/07/2009 YES 144.22 144.22 .00 97089 3/20/2009 GROUP MACKBNZIE ENGR INC RECONCILED 4/07/2009 YES 16,155.98 16,155.98 .00 97090 3/20/2009 HALTON COMPANY RECONCILED 4/07/2009 YES 1,904.94 1,904.94 .00 97091 3/20/2009 HD SUPPLY WATERWORKS LTD RHCONCILBD 4/07/2009 YSS 543.00 543.00 .00 97092 3/20/2009 HILLYBR'3 MID CITY FORD RECONCILED 4/07/2009 YES 24.14 24.14 .00 97093 3/20/2009 HUBBARD CHHVROLET RECONCILED 4/07/2009 YES 26.74 26.74 .00 97094 3/20/2009 IKON OFFICE SOLUTIONS RECONCILHD 4/07/2009 YES 415.84 415.84 .00 97095 3/20/2009 INDUSTRIAL MACH FAB INC RECONCILBD 4/07/2009 YSS 205.00 205.00 .00 97096 3/20/2009 INDUSTRIAL BUFFET CO RECONCILED 4/07/2009 Y8S 353.60 353.60 .00 97097 3/20/2009 INORAM LIBRARY SERVICES RHCONCILED 4/07/2009 YS3 464.73 469.73 .00 97098 3/20/2009 JACK'S OVERHHAD DOOR INC RECONCILED 4/07/2009 YE3 140.00 140.00 .00 97099 3/20/2009 JASON OLSON RECONCILED 4/07/2009 YH3 202.50 202.50 .00 97100 3/20/2009 JHT HBATING INC RECONCILED 4/07/2009 YES 546.00 546.00 .00 97102 3/20/2D09 KEY EQUIPMBNT FINANCE RECONCILED 4/07/2009 Y83 174.60 174.60 .00 97103 3/20/2009 L. CRAIG HALUPONSXI RHCONCILED 4/07/2009 YHS 25.58 25.58 .00 97104 3/20/2009 MICHBLH ROBSRT3 RECONCILED 4/07/2009 Y89 150.54 150.54 .00 97105 3/20/2009 MID VALLEY YOUTH BALL ASS RECONCILED 4/07/2009 YS3 1,691.50 1,691.50 .00 97107 3/20/2009 MSI GROUP INC RECONCILED 4/07/2009 YH3 400.00 400.00 .00 97108 3/20/2009 MUFFLERS, HITCHER & MORB RBCONCILBD 4/07/2009 YES 82.33 82.33 .00 97109 3/20/2009 N ROBERT SHIHLDS RECONCILBD 4/07/2009 YES 14.95 14.95 .00 97110 3/20/2009 NEOPOST INC RHCONCILBD 4/07/2009 Y63 243.00 243.00 .00 97111 3/20/2009 OACP RECONCILED 4/07/2009 YHS 210.00 210.00 .00 97]12 3/20/2009 OACP RECONCILED 9/07/2009 YES 50.00 50.00 .00 97114 3/TO/2009 OFFICE DEPOT RECONCILED 4/07/2009 Y8S 76.08 76.08 .00 97115 3/20/2009 OR CITY/COUNTY MGMT ASSOC RECONCILBD 4/07/2009 Y8S 182.00 182.00 .00 97116 3/20/2009 OREGON CONTRACT FLOORING RECONCILED 4/07/2009 YES 188.37 188.37 .00 97117 3/20/2009 PATRIOT DIAMOND INC RECONCILED 9/07/2009 YE9 326.25 326.25 .00 97118 3/20/2009 PAUL'S POWER EQUIPMENT & RECONCILED 4/07/2009 YES 806.33 806.33 .00 97119 3/20/2009 PEPSI-COLA COMPANY RECONCILED 9/07/2009 Y89 345.40 345.40 .00 97120 3/20/2009 PBTROCARD RBCONCILBD 4/07/2009 YBS 473.35 473.35 .00 97121 3/20/2009 PLUMBMASTSR INC RECONCILED 4/07/2009 YES 333.90 333.90 .00 97122 3/20/2009 PLANS/ANNA CONPERSNCE RSGI RECONCILED 4/07/2009 Yfi3 660.00 660.00 .00 97125 3/20/2009 S.O.S. LOCK SERVICE RECONCILED 4/07/2009 Y8S 34.00 14.00 .00 97126 3/TO/2009 SCHETKY NORTHWHST SALES RBCONCILED 4/07/2009 YES 130.02 130.02 .00 97127 3/20/2009 SHOWCASES RBCONCILBD 4/07/2009 YES 6.65 6.65 .00 97128 3/20/2009 CRYSTAL AND SIERRA SPRING RECONCILED 4/07/2009 YES 312.57 312.57 .00 97129 3/20/2009 SILVERFLBET SYSTEMS RECONCILED 4/07/2009 Y83 1,521.22 1,521.22 .00 97130 3/20/2009 8TAPL83 BUSINESS ADVANTAG RECONCILED 4/07/2009 Y$S 558.60 558.60 .00 97131 3/20/2009 STAR MEDICAL INC RECONCILED 4/07/2009 YES 552.00 552.00 .00 97132 3/20/2009 SUSAN K SAUSE, P.C. RECONCILED 4/07/2009 YSS 1,290.00 1,290.00 .00 66 NOODBURN LIVE C I T Y O F N O O D B U R N PAGE 5 DATE 4/ 08/09 AP0460 TIME 8: 47:33 CRBCK REGISTHR VEEOT CHECK / ~~~e:. CHHCK DATB PAYSB NAME .a 9TATUS STATUS DATB UPDATED CHECK AMOUNT RECONCILED AMT DIFFSRSNCB 97133 ss aeaxe area:enasavass:a:aa..:oa 3/20/2009 T-MOBILB :a....assea RECONCILED «a..:a.~..a... 4/07/2009 ar~~.... YBS u.u....:r~... 249.95 a..~~a s...:aava 249.95 u....a..~..~~ .00 97134 3/20/2009 TIMOTHY COHOS RHCONCILSD 4/07/2009 YSS 21.58 21.58 .00 97135 3/20/2009 TRAFFIC SAFETY SUPPLY CO RECONCILED 4/07/2009 YHS 88.00 88.00 .00 97136 3/20/2009 TRUB CARS INC RECONCILED 4/07/1009 YHS 237.50 237.50 .00 97137 3/20/2009 VALLEY PACIFIC CONSTRUCT RECONCILED 4/07/2009 YSS 353,008.24 353,008.24 .00 97138 3/20/2009 VALLEY RIVHR INN RSCONCTLHD 4/07/2009 X83 110.50 110.50 .00 97139 3/20/2009 VP CONSULTING INC RECONCILED 4/07/2009 YSS 900.00 900.00 .00 97141 3/20/2009 NDBRN CHAMBHR OF COMMERCE RECONCILED 4/07/2009 YBS 17,939.00 17,939.00 .00 97142 3/20/2009 NILLTAM NIGHTINGALH RECONCILED 4/07/2009 YS3 28.63 28.63 .00 97143 3/20/2009 WIL80NVILLH LOCK 4 SHCURI RECONCILED 4/07/2009 YS6 177.00 177.00 .00 97145 3/20/2009 NOODHURN SSN 4 VAC RSCONCILHD 4/07/2009 YSS 107.82 107.82 .00 97196 3/20/2009 WORKPLACE PRO RECONCILED 4/07/2009 Y83 86.40 86.40 .00 97147 3/20/2009 XHROX CORPORATION RECONCILED 4/07/2009 YES 190.05 190.05 .00 97148 3/20/2009 YBS GRAPHICS RECONCILED 9/07/2009 YES 193.00 193.00 .00 97149 3/31/2009 L. CRAIG HALUPONSKI RECONCILED 4/07/2009 YES 400.00 400.00 .00 97150 3/31/2009 PHTTY GSH RECONCILED 4/07/2009 YES 141.88 141.88 .00 97151 3/31/2009 VALLEY MAILING SERVICE IN RECONCILED 4/07/2009 YES 517.04 517.04 .00 97154 3/27/2009 ARAMARK UNIFORM SERVICE I RBCONCILBD 4/07/2009 Y83 1,640.99 1,640.99 .00 97155 3/27/2009 ARAMARK UNIFORM SERVICH I RECONCILBD 4J07/2009 Y85 841.12 841.12 .00 97156 3/27/2009 ATiT RSCONCILHD 4/07/2009 YS9 60.22 60.22 .00 97158 3/27/2009 HATTERIE3 NORTSNEST RECONCILED 4/07/2009 YS3 270.30 270.30 .00 97159 3/27/2009 BI-MART CORPORATION RECONCILED 4/07/2009 YES 885.4• 885.44 .00 97160 3/27/2009 BOON83 FERRY ELECTRIC INC ABCONCILBD 4/07/2009 YES 754.34 754.34 .00 97161 3/27/2009 BRAVO LANDSGPS MAINTBNAN RECONCILED 4/07/2009 YSS 150.64 150.64 .DO 97163 3/27/2009 CARQUEST AUTO PARTS RECONCILED 4/07/2009 Y83 128.97 128.97 .00 97164 3/27/2009 GSGDB PARR RBTIRBMHNT C RBCONCILHD 4/07/2009 YSS 75.00 75.00 .00 97165 3/27/2009 CASCADE POOLS RECONCILED 4/07/2009 YBS 1,270.48 1,270.48 .00 97166 3/27/2009 GSS CRSSK TRUCKING LLC RECONCILED 4/07/2009 YB9 500.00 500.00 .00 97169 3/27/2009 CHARLES WHITE RECONCILED 4/07/2009 YSS 623.00 623.00 .00 97171 3/27/2009 COASTAL FARM HOME SUPPLY RHCONCILBD 4/07/2009 YES 1,772.39 1.772.39 .00 97173 3/27/2004 DAYTSON AUTO PARTS RECONCILED 4/07/2009 Y83 1,621.99 1,621.99 .00 97174 3/27/2009 DHMCO INC RECONCILED 4/07/2009 YS3 675.16 675.16 .00 97176 3/27/2009 SNERTIA ENERGY INC RECONCILED 4/07/2009 YSS 40,522.10 40,522.10 .00 97177 3/27/2009 ENGBLMAN ELECTRIC INC RECONCILED 4/07/2009 YE3 600.73 600.73 .00 97179 3/27/2009 PASTENAL COMPANY RECONCILED 4/07/2009 YSS 199.29 199.29 .00 97180 3/27/2009 FHRGUSON ffi7TERPRIS88 INC RECONCTLHD 9/07/2009 Y83 1,539.65 1,539.65 .00 97182 3/27/2009 FISHER'S SUPPLY INC RECONCILED 4/07/2009 YHS 117.50 117.50 .00 97185 3/27/2009 (iAI.L'S ARAMARR CO RECONCILED 4/07/2009 YSS 91.98 91.98 .00 97187 3/27/2009 GEORGINA SUAREZ-SSPIN02A RECONCILED 4/07/2009 YHS 58.71 58.71 .00 97188 3/27/2009 GRAINGER INC RECONCILED 4/07/2009 YHS 52.28 52.28 .00 97184 3/27/2009 GRATING PACIFIC LLC RSCONCILHD 4/07/2009 YS9 968.00 968.00 .00 97190 3/27/2009 MACH CHEMICAL CO RECONCILED 4/07/2009 YS3 3d .74 34.74 .00 97144 3/27/2009 IKON OFFICE SOLUTIONS RECONCILED 4/07/2009 YH9 345.81 345.81 .00 97195 3/27/2009 INDUSTRIAL NHLDING SUPPLY RBCONCILHD 4/07/2009 YES 44.21 44.21 .00 97196 3/27/2009 INGRAM LIBRARY SHRVICSS RECONCILED 4/07/2009 YH3 348.78 348.78 .00 97197 3/27/2009 J. NARD O'HRISN RECONCTLED 4/07/2009 YS3 385.48 385.48 .00 97198 3/27/2009 SACK'S OVHRHSAD DOOR INC RECONCILED 4/07/2009 YSS 1,183.00 1,183.00 .00 97199 3/27/2009 JSPF TVCKSR RECONCILED 4/07/2009 YSS 32.50 32.50 .00 47202 3/27/2009 LEGACY WIRSLHSS SSRVICHS RECONCILED 4/07/2009 YBS 472.00 472.00 .00 97203 3/27/2009 LS3 SCNWAB TIRE CENTER RBCONCILBD 4/07/2009 YSS 2,837.54 2,837.54 .00 97204 3/27/2009 LONG EROS/L6L BUILDING RBCONCILID 4/07/2009 Y83 925.43 925.43 .DO 97207 3/27/2009 MAROARST LAMBERT RECONCILED 4/07/2009 YSS 246.56 246.Sb .00 97211 3/27/2009 NEXTSL COMMUNIGTIONB RSCONCILBD 4/07/2009 YSS 1,694.46 1,699.46 .00 67 WOODBURN LIVE C I T Y O F W O O D B U R N PAGB 6 DATH 4/0 8/09 AP0460 TIME 8:4 7:33 CHECK REGISTER VEEOT CHECK / ......... CHHCK DATE .aa..:..a PAYSB NAMB as:__=::~........: ......... STATUS ...... ~....: STATUS DATB :~ ~ UPDATBD CHECK AMOUNT RECONCILHD AMT DIFPERENCE 97212 3/27/2009 NITA J MARK : RECONCILED ~. ....:..... 4/07/2009 ........ YES .....:::._~:::. 85.75 ..:...::~.~.:tea.::z. 85.75 :~...........~~ .00 97215 3/27/2009 OFFICB DEPOT RECONCILED 4/07/2009 YBS 516.11 516.11 .00 97216 3/27/2009 OREGON CITY ATTORNEYS ASS RECONCILHD 4/07/2009 YES 145.00 145.00 .00 97217 3/27/2009 OR DHPT OF MOTOR VEHICLE RSCONCILBD 4/07/2009 YSS 36.00 36.00 .00 97218 3/27/2009 OVS RECONCILED 4/07/2009 YSS 86.07 86.07 .00 97220 3/27/2009 PLAIT ELBCTRIC CO RECONCILED 4/07/2009 YBS 81.95 81.95 .00 97221 3/27/2009 PUBLIC WORKS SUPPLY INC RECONCILHD 4/07/2009 YHS 96.45 96.95 .00 97222 3/27/2009 QWBST RECONCILED 4/07/2009 YSS 462.76 462.76 .00 97223 3/27/2009 RALPH HARRIS RBCONCILBD 4/07/2009 YES 162.84 162.84 .00 97226 3/27/2009 SAFHWAY STOR83 RHCONCILHD 4/07/2009 YES 48.71 48.71 .00 97227 3/27/2009 CRYSTAL AND SIBRRA SPRING RHCONCILSD 4/07/2009 YES 105.70 105.70 .00 97228 3/27/2009 SPRINT (AIRLINK) RECONCILED 4/07/2009 YES 597.51 597.51 .00 97230 3/27/2009 STAPLES BUSINHSS ADVANTAG RHCONCILED 4/07/2009 YES 265.65 265.65 .00 97232 3/27/2009 THINGS RSMSMBBRED RECONCILHD 4/07/2009 YES 242.96 242.96 .00 97234 3/27/2009 TRAPFIC SAFETY SUPPLY CO RHCONCILHD 4/07/2009 YES 450.10 450.10 .00 97235 3/27/2009 TRAILER WORLD RECONCILED 4/07/2009 YES 4,951.00 4,951.00 .00 97237 3/27/2009 VALLEY PACIPIC FLORAL RECONCILHD 4/07/2009 YES 59.85 59.85 .00 97240 3/27/2009 WILLAMETTE CHAP RED CROSS RECONCILHD 4/07/2009 YES 2,278.30 2,278.30 .00 97243 3/27/2009 YES GRAPHICS RHCONCILHD 4/07/2009 YES 138.67 138.67 .00 BANK AP TOTAL: 283 CHECKS --- -------------- --- - ------------ -- --------------- 935,393.88 935,393.88 .00 RECONCILBD 283 CHECKS 935,393.88 NOT RECONCILED CHHCKS .00 VOIDHD CHECKS .00 UPDATBD 283 CHECKS 935,393.88 NOT UPDAT BD CHECK3 .00 6$ r- , . , z.4.+'.~-w ut 'W' oDB N Ixrarxcre~rd IAA4 April 13, 2009 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Director of Public Works SUBJECT: ACCEPTANCE OF PUBLIC UTILITY EASEMENT RECOMMENDATION: Accept the Public Utility Easement granted by Richard and Leslie Warnick, property owners of 1365 North Front Street in Woodburn, Oregon. BACKGROUND: The City is in the process of constructing the utility undergrounding portion of the North Front Street Improvements Project on North Front Street between Highway 214 and Cleveland Street per the City Of Woodburn Public Works Department Capital Improvement Program. in order to complete construction activities on this project, the City of Woodburn needs to acquire an additional public utility easement for a portion of a PGE vault currently encroaching onto private property at 13b5 North Front Street. The Public Utility Easement is a portion of land measuring 2.0 feet by 15.0 feet, and is located on the west side of North Front Street on the eosterly edge of the existing property line at 1365 North Front Street. It provides a permanent easement to construct, reconstruct, operate, and maintain public utilities and structures. FINANCIAL IMPACT: The cost of the Public Utility Easement is $1,000. ATTACHMENTS A copy of the signed easement document is attached. Agenda Item Review: City 69 Attorney ate', ~~ ~ ooDBV~ Itttor/~orate~t 4889 March t 9, 2009 Mr. & Mrs. Richard Warrick 9255 72"d Ave., NE Salem, OR 97305 RE: Permanent Utility Easement Uear: Mr. and Mrs. Warrick Attached is a permanent utility easemeait for your signatut+es. This offer is subject to final approval by Woodburn City Council. If you have any questio-~s or need additional information please feel free to contact me at 503- 982-5241. Sincerely, ~~ ~ • Eric Liljequist, PF. Assistant City Engineer 190 Garfield St. Woodburn, OR 97071 Public Works Admiaistration and Engineering Divisions fdi? (:ar(iefrf Str,'er • lt%Sedfntnt, Oregon 9i0~ t 1$ $03.9R2-?u~ • Fn-~ i03-982-52x2 70 AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodbum 270 Montgomery Street Woodbum, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Permanent) Mr. Richard ii. and Mrs. Leslie L. Warnick, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called C/TY, a permanent easement and right-of- way, including the permanent right to construct, reconstruct, operate, and maintain public utilities and structures on the following described land: See attached Exhibit "A"Legal Description of Permanent Easement and attached Exhibit "B"Sketch for Legai Description of Permanent Easement which are by this reference incorporated her~sin GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is one thousand dollars 8~ no cents ($1,000.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. Public Utility Easements (Permanent) Page 1 of 2 71 DATED this '~~ ~ day of !`~ ~ ~ `bt 20 ~ 9 . BY: / ~l/~:~U~~~ M,r~Richard H. Wamick Mrs. Leslie L. Wamick PERSONAL ACKNOWLEDGEMENT STATE OF OREGON, County of i~~f ~~~'~'t ) ss. The foregoing instrument was acknowledged before me this ZD ~ day of ~~.~. a ~ c ~I , 20 ~~ by i G~~~vr.! H . a~~d L~51- ~ ~rcr, •I~cIL UFFiCfALSEAL ~(."L~ '1/LJ ~. C~(/~'~'~"~t' MARIA C CARRlLLO NOTARY PUBLIC FOR OREGON ':~ :: NOTARY PUBLIC•OREGON 2 G COMMISSloNNU.3982)6 My Commission Expires: f 1/ D MY COMMISSIOW EXPIRES QCTOBER 1 t, 2x09 City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Mr. Richard H. and Mrs. Leslie L. Warnick 9255 72"d Ave., NE Salem, OR 97305 Accepted from on behalf of the City of Woodburn after authorization by its City Council on date City Recorder: Mary Tennant Public Utility Easements (Permanent) Page 2 of 2 72 Harper P Houf Peterson Righellis Inc. Exxisrr A ° February 24, 2009 Assessor Map No. 51 W07AD Page 1 of I Utility Easement UTILITY EASEMENT A parcel of land, as shown on attached Exhibit "B", lying in the Northeast One-Quarter of tho Southeast One-Quarter of Section 7, Township 5 South, Range 1 West, of the Willamette Meridian, City of Woodburn, Marion County, Oregon, and being a portion of that tract of land as described by Statutory Quitclaim Deed to Richard H. Warrick and Leslie L. Warnick, recorded February 25, 2005 as Reel 2443 Page 304, Marion County Deed Recards, said parcel of land being more particulazly described as follows: Commencing at a 3 inch brass disk in tnonument box inscribed "MARION COUNTY T.S.S. R.1.W. 0+00 M.R. 70 MARION COUNTY" per survey recorded as MCSR 4409 F010, Marion County Sutvey Records, near the centerline of Front Street as shown on MCSR 37263, Marion County Survey Records, said brass disk being located in the calculated city limit line as shown on said MCSR 37263; Thence N82°48'49"W, along said calculated city limit lirn, 30.67 feet to a point in the northwesterly right-of--way line of Front Street as shown on MCSR 37263, said right-of--way line being parallel with and 25.00 feet northwesterly when measured at right angles to the centerline of Front Street as shown on said MCSR 37263; Thence S41 ° 15'00'°W, along said northwesterly right-of--way line, 50.58 feet to the True Point of Beginning; Thence continuing along said northwesterlyright-of--way line S41° 15'00"W, 15.00 feet to a point; Thence leaving said northwesterlyright-of--way line N48°45'00"W, 2.00 feet to a point; Thence N41°15'00"E, parallel with said northwesterly right-of--way line, ]5.00 feet to a point; Thence S48°45'00"E, 2.00 feet to the Point of Beginning. The parcel of land to which this description applies contains 30 square feet more or less. This legal description, along with the basis of bearings thereof, is established from that record of survey recorded under Survey Number MCSR 37263, Marion County Surny Records. . pE131STEl~ED PROFESStONAt. JtILY.15, 2003 IHN T. CAMiaF3wC.S ~Ei0i1"70 ! `1 12-3~-oa -.:._. _. 205 SE Spokane Street • Suite 200 • Portland, OR 97202 • www.hhpr.com • 503.221.1131 ph • 503.221.1171 tax 73 EXH181T "8" PAGE 1 OF 1 FEBRUARY 24, 2009 ~~~/ ~~~ ~ '~ ~o - - - E 21234.21 0~ !~~ ~ AS ~ dTY L~M17 - ' -" _ - - _ - IV82'48'49"W ~ ~Q" SHOWN ON MCSR 372 3E - - 30.67' ~. ~~ ~~ ti0 ~~, P~ ~h, Q ~ F~ ~ - yoy~ ?s. ~ .~ ~h ~ /ry~~ POINT OF S4 Z 00'0"E TRUE /~G~ .~ POINT OF ~, ~~ COMMENCEMENT ~? FOUND 3 BRASS DISK BEGINNING ~~ IN MoNUMENr eox N 21536.11 ~ ~i~~' PER MCSR 4409 F010 E 21200.86/x' N 21570.30 541'15'00"W ~ E 21264.64 15.00' N41'15'00"E 15.00' ~ N48'45'00"W 2.00' SCALE 1"=20' LEGEND ?s, /~ ~~ /~ i~~ /~~ i .\ ~ll~ ?0 ~Y REGISTERED PROFESSIONAL LAND SURVEYOR e ~' .I/ OREGON ~ ,IUIY 15, 2005 JOHN T. CAMPBELL 60070 LS EXP. t2-31-09 UTILITY EASEMENT ~' t 3o so.Fr, t Harper P Houf Peterson Righellis Inc. 205 SE SPOKANE S?REET, SUITE 200, PORTLAND, OR 97202 TEL 503.221.1131 ~wvw.hhpr.com FAX 503.221.1171 74 a~ ~7W/~'„ W URN fKrorpo,neeA fAB9 April 13, 2009 TO: Honorable Mayor and City Council through City Administrator In Capacity as Local Contract Review Board FROM: Dan Brown, Public Works Director SUBJECT: OR 214/SETTLEMIER/BOONES INTERSECTION IMPROVEMENT INCREASE OF CITY FUNDING FOR PROJECT RECOMMENDATION: Approve by resolution authorization to increase the City of Woodburn contribution to the OR 214/Settlemier/Boones Intersection Improvement Project. BACKGROUND: The City is the sponsor of the 214/Settlemier/Boones Intersection Improvement Project and per the Intergovernmental Agreement (IGA) with ODOT, is responsible for all cost overruns and non-participatory expenses associated with the project. ODOT provided notification the City owes an additional $120,000 to address cost overruns and contract change orders issued during the construction phase of the project. ODOT has agreed to address $50,000 of the $120,000 identified to offset the cost overruns and change orders encountered with the construction of this intersection improvement contract. The resultant outstanding $70,000 of additional funding is needed to be provided by the City. DISCUSSION: The City, as sponsor of this project, hired a consulting engineer to design and prepare contract documents for the project. The City has expended $66,808 for professional services fees to the design consultant. During the preliminary design phase of this project, ODOT determined that it would utilize Federal funding for this project. This decision required that the project be performed per Federal requirements. The design fees expended by the City were determined to be non-participatory because those services were Agenda Item Review: City Administrato(<C~_City Attorney 75 Honorable Mayor and City Council April 13, 2009 Page 2 started prior to FHWA approval of the project and the consultant was not hired by the City in a manner that is approved by FHWA/ODOT. The construction contract and administration of the construction contract must conform to FHWA requirements. The City of Woodburn is not certified by FHWA/ODOT to administer a federal aid transportation project and requested that ODOT perform contract oversight and administration. The City acquired the services of ODOT to provide construction engineering and construction management for this project. ODOT hired a consultant to perform construction engineering and construction management (CE/CM) for this project. The City had no contractual relationship with the consultant providing CE/CM services. Cost overruns and change orders have been encountered on this project for which the contractor must be compensated. The consultant for CE/CM attributes most of the cost overruns and change orders to the Engineer of Record hired by the City. The City disagreed with this conclusion and presented arguments to ODOT suggesting that some of the cost overruns and change orders were avoidable if proper CE/CM actions were taken. ODOT and CE/CM consultant agreed to provide funding for $50,000 of the $120,000 identified. The City and design consultant agree that there are design errors in the contract documents. The City will attempt to recover approximately $36,000 of the $70,000 in its share of the cost overrun and change order additional costs that are directly related to design error. Staff has met with the Engineer of Record and has put him on notice of the additional costs incurred as a result of design error. The City will have to pursue reimbursement from the Engineer of Record without participation from ODOT because ODOT did not have a contractual relationship with the Engineer of Record. The non-participatory costs for design of this project are: • Preliminary Engineering and Contract Document Preparation $66,808 FINANCIAL IMPACT: The additional $70,000 in funding for the subject project increases the City's contribution to the construction phase of the project to $723,167. The additional $70,000 will be taken from the Transportation SDC. • Current Construction Cost $1,121,466 76 Honorable Mayor and City Council April 13, 2009 Page 3 • Contingency $ 10,015 • City of Woodburn Share • ODOT Share The combined City contribution to subject project = $ 723,167 $ 408,314 5 789.975 77 COUNCIL BILL N0.2768 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO TRANSFER ADDITIONAL CITY FUNDS TO THE OREGON DEPARTMENT OF TRANSPORTATION TO ADDRESS COST OVERRUNS AND CHANGE ORDERS ASSOCIATED WITH THE OR HIGHWAY 214/SETTLEMIER/BOONES FERRY INTERSECTION IMPROVEMENT PROJECT WHEREAS, the City Council has reviewed the request to increase City funding contribution provided to the Oregon Highway 214/Settlemier/Boones Ferry Intersection Improvement Project, and WHEREAS, the City is obligated by an Intergovernmental Agreement No. 23,291 to provide match and any non-participating costs, including all costs in excess of the federal funds provided, and WHEREAS, the City's negotiated share of the incurred cost overruns and change orders is $70,000 of an estimated $120,000, and WHEREAS, the City has contributed prior to this action $653,167 to the construction costs of the intersection improvement project, and WHEREAS, the total City contribution to the intersection improvement project that includes preliminary and final design, construction engineering, construction management, and construction contract is $789,975; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: The City Council authorizes the City Administrator to transfer $70,000 of City Transportation System Development Charge money to the Oregon Deportment of Transportation to address the identified cost overruns and change orders associated with the construction of subject project. Page 1 - Council Bill No. 2768 Resolution No. 78 Approved as to form: ,~• r~ ~~~J ~ ~ ~ ~~ 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 Poge 2 - Council Bill No. Resolution No. 79 'W UR j~j ~~!,,,,,, InaoryorgfeA /dd9 April 13, 2049 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: YIELD SIGNS INSTALLATION That Council adopts the attached resolution authorizing the installation of yield signs: (1) on the Southbound lane of "B" Street at the intersection of Cleveland Street and (2) on Woodland Avenue at the intersection of Myrtle Street. BACKGROUND: The Public Works Department has received an amended ODOT crossing order No. 50772 (amending crossing order No. 50553) requiring the City of Woodburn to replace an existing stop sign with a yield sign at the intersection of "B" Street and East Cleveland Street to keep trucks from blocking traffic on East Cleveland Street. A stop sign will remain on the north side of the existing RR tracks to stop southbound traffic on "B" Street. The Public Works Department also observed a lack of traffic control at the intersection of Woodland Avenue and Myrtle Street. Staff recommends installing two yield signs at the center island of this intersection to provide appropriate traffic control at this intersection. DISCUSSION: The Manual of Uniform Traffic Control Devices (MUTCDj states that yield signs can be warranted on approaches to an intersection under certain circumstances. For the aforementioned three yield signs, MUTCD section 28.09, subsection D, indicates that Yield signs may be installed at intersections where "...a special problem exists and where engineering judgment indicates the problem to be susceptible to correction by the use of the YIELD sign." It is recommended that the attached resolution be approved to allow the installation of yield signs as shown in the attached "Figure # 1 " and "Figure #2" to provide improved traffic control at these intersections. Agenda Item Review: City Administrator City Attorney 80 Honorable Mayor and City Council April 13, 2009 Page 2 i~r_~;~~r_~;r:~r~~ Estimated Cost for installation of 3 YIELD signs is $300, which will be funded from the regular Street Maintenance Budget. 81 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION DIRECTING THAT YIELD SIGNS BE INSTALLED ON THE SOUTHBOUND LANE OF "B" STREET AT THE INTERSECTION OF CLEVELAND STREET AND ON WOODLAND AVENUE AT THE INTERSECTION OF MYRTLE STREET. WHEREAS, ORS Chapter 810 grants to the City of Woodbum, the authority to install yield signs at various locations within the City limits; and WHEREAS, the City Council has received and considered the attached staff report recommending that YIELD signs be placed on the Southbound lane of °B" Street at the intersection of Cleveland Street and on Woodland Avenue at the intersection of Myrtle Street, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That a YIELD sign be installed on southbound lane of "B" Street at the intersection of Cleveland Street. Section 2. That YIELD signs be installed on Woodland Avenue at the intersection of Myrtle Street. Approved as to form `~ rY'r~~ ~ ~ 2 a ~ f City Attorney D e Approved: Passed by Council Submitted to the Mayor Kathryn Figley, Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page I -COUNCIL BILL NO. RESOLUTION NO. 82 ~v e'g'o AO~gY Sr LEGEND: ~- EXST. STOP SIGN ~,~~ EXST. YEILD SIGN PROPOSED YIELD SIGN N W E S REM `'EXST. P SIGN A REPLA WITH NEW LD SI ON EXST. POL C~F~F~~~ Sr '' PROJECT TITLE: B STREET RR XING SIGN ADJUSTMENT • s'J T ~' T'Q DRAWING NAME: FIGURE 1 ~O~L~ V 1\ PROJ. N0: 2009-015-28 DESIGNED: EL Incor orated 4889 DWG. N0: P-1 DRAWN BY: GK PUBLIC WORKS DEPARTMENT DATE: 3 26 2009 REVIEWED: EL ENGINEERING DIVISION SCALE: NTS APPROVED: EL LEGEND: 0 PROPOSED YIELD SIGN MYRTLE ST ~1 J STATE HWY 219 PROJECT TITLE: N --''` WOODLAND AVE YIELD SIGN ADDITIONS c; `- DRAWING NAME: ~' E OODBUR FIGURE 2 PROJ. N0: 2009-015-28 DESIGNED: EL Incor orated 1889 DWG. N0: P-1 DRAWN BY: GK S PUBLIC WORKS DEPARTMENT DATE: 3 26 2009 REVIEWED: EL ENGINEERING DN/SION SCALE: NTS APPROVED: EL -.~ ~~1. W . _ RN lsturpc ru~rA IRR9 April 13, 2009 TO: Honorable Moyor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: NO•PARKING SIGN INSTALLATION IN BOONES CROSSING DEVELOPMENT PHASE I That Council adopt the attached resolution. BACKGROUND: The Public Works Department has received a request from the Boones Crossing Development Phase I Home Owners Association to install no-parking signs within their development. The no-parking signs would restrict parking to only one side of the local street per the illustration below. ~tj f !!~. ~` LOCAL ~ _ i RESIDENTIAL _ _ WITH ~ cASeMC~n r ' ~r ~ wui:aiiMi ~ PARKING s• ~ a• ar r• u• ~ ~r ax s• ONE SIDE ~ SIOE LINO MAKINO TNAYEL TRAVEL LANG auE ~ ~ Wl1LK fCAPE LANE ~ LANE WALK _` -- '--t--- a!' ROW . a0' The Boones Crossing Home Owners Association has specifically requested to implement parking restrictions along Dahlia Street, County Lane, and Foxglove Street. Letter is attached to this staff report. Agenda Item Review: City 83 Attorney Honorable Mayor and City Council April 13, 2009 Page 2 DISCUSSION: The parking restrictions requested by the Boones Crossing Home Owners Association are consistent with the street design standards the City would require today within a development. The public safety concerns identified by the Home Owners Association and created by unrestricted on street parking within a narrow street cross section are legitimate and should be addressed by the City. Shown below is map outlining the proposed parking restrictions within the Boones Crossing neighborhood for which Public Works seeks City Road Authority approval. .~ ~ MroRAnrr COMMUNITY MAILBOX FINANCIAL IMPACT: ~ti 0 tia ~~ ~ ~6~ The estimated cost of implementing parking controls within the Boones Crossing Phase One as requested is X2,800 and funded from the Street Fund (Fund 140). Today, Public Works would not approve a development proposal without implementing parking control to one side of the street with a 28 to 30 feet road cross section. LEGEND= 84 Honorable Mayor and City Council April 13, 2009 Page 3 August 22, 2008 Dan ffiown Public works D'uodor City ofwoodbran 270 Difootgomety st. woodbum, OR 97071 Mr. Bmwa, RECE~yEp Mss ~ s Zoos PuBUC woRKs On behalf of the k3oones Cioasmg Phase Orm home Ownea Maociatiat, I aci writing this letter m tsgoeat that parking on all of the sheets within this snbdivisioa - Drdiiia 3t., Tulip St., Foxgieve St Bad Coarttty Lane - be dmaged to only be allowal on ot>a side of the mad, the oppmite side of wlrece the neighborhood tnailbmces ate located. At a recetg association meding, with over thirty (30) hanseowmra in amendanoe, tins change was proposed and wtad ~ ty to brig to the Ckty for comidettr<kon. Hoaocowaers in this subdlvisicn feel the cArrmttwo-aide perlmrg is a metbe~ of public aafisty. After discassing with the local fire district otI'i<:isls, they are also in agi+eerttent that it would be eutremeky difficult, if nat impossible, to navignte an engine thrangh tfrde str+cets should there be hove file. Theta are many times when there are cars blociiog fire hydrants. Also, dne to tbe amo~mt of cars padaed on these streets, it is mrasfe for the numinous duldrm in this neigbeorhood to rids their bikes, scoo0ers, etc. As ao association who is workkng dilkgently to make our neighborhood safe fa our families, we ask you to approve ovr request for one sided paddng on our streets. Sincxrely, Steve Newport Pt~aidettt Boones Crossing Phase Ono HOA // s's' ~xs,4v2. Ws0 a Bv,a OIL 6707/ s~~- ypi-~yZz 85 COUNCIL BILL NO. RESOLUTION NO. A RESOIUTION DIRECTING THAT PARKING RESTRICTIONS BE INSTALLED IN THE BOONES CROSSING DEVELOPMENT PHASE I AS SPECIFICALLY PROVIDED HEREIN WHEREAS, ORS Chapter 810 grants to the City of Woodburn, the authority to improve parking restrictions at various locations within the City limits; and WHEREAS, the City Council has received and considered a staff report from the Public Works Director recommending that certain No-Parking signs be placed at specific locations to restrict on-street parking to only one side of local streets in the Boones Crossing Development Phase I as specified below; NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City Council authorizes installation of No-Parking signs at the following described locations: A. On Dahlia Street between South Boones Ferry Rood and Tulip Avenue. B. On County Lane between Dahlia Street and Pana Street. C. On Foxglove Street from cul-de-sac to street terminus. Section 2. That the Public Works Director is delegated authority to designate specific no-parking zones to coincide with other street characteristics to avoid interferences and si~ghyt distance problems. Approved as to form: O ~• !~~ ~ ~ ~ a a ~f City Attorney Date Approved: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Kathryn Figley, Mayor ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 1 -COUNCIL BILL NO. 86 RESOLUTION NO. W N locarrorarel idd9 April 13, 2009 TO: Honorable Mayor and City Council through City Administrator In Capacity as Local Contract Review Board FROM: Dan Brown, Public Works Director SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES CONTRACT CH2M HILL CONSULTANT WASTEWATER FACILITIES PLAN UPDATE •..u ~~; • Council, as Local Contract Review Board, authorize by motion that the City Administrator to amend the current agreement for professional services with CH2M Hill to include $109,763 for Change Order #4. The newly established contract amount, including change order #1 through #4 is $859,639. • Base Contract Amount $698,576 • Change Order # 1 $ 28,500 • Change Order #2 $ 3,480 • Change Order #3 $ 19,320 • Change Order #4 $109,763 New Contract Total $859,639 BACKGROUND: The current City of Woodburn Wastewater Facility Plan was completed in 1995. The current wastewater facility plan calls for facility upgrades to be completed in two phases. Phase I of the facility upgrades were completed in and became operational in 2001 and were designed to address the City's wastewater treatment needs through 2010. The 1995 Plan anticipated that Phase II would be planned to accommodate increased flows and loadings due to growth increases and to address new water quality regulations. The firm CH2M Hill was hired to perform the Phase II of the original 1995 Plan that is currently referred to as the Wastewater Facility Plan Update. Council approved award of this contract on December 10, 2007. Agenda Item Review: City Administrator City Attorney 87 Honorable Mayor and City Council April 13, 2009 Page 2 The Wastewater Facility Plan Update has proven to be more complex than anticipated, requiring more consultant effort than estimated when the contract was initially negotiated. During the course of updating the existing Wastewater Facility Plan, we have uncovered some significant deficiencies in the existing treatment facility and method of operations that have required significant increases in the level of research, analysis, and integration into the Facility Plan Update that was not anticipated at the time the original scope of services were negotiated. Council authorization to proceed with Change Order #4 will allow sufficient fee to fully complete the scope of services needed for Wastewater Facility Plan Update to ensure the quality of Facility Plan will meet the City's need for executing the capital improvements identified. Specific areas of the original scope of services that have been identified as being underestimated in the amount of consultant time required are provided below: • Task 1 -Project Management The project was initially estimated to be completed in 12 months. Actual project duration will be 16 months. • Task 3 -Collect Existing Data ~ Review Existing Conditions The original scope of services assumed a 10 year planning horizon. DEQ review of initial data collected for the plan update specified that they required a 20 year planning horizon to be eligible to use State Revolving Fund revenues. • Task 4 -Develop Projected Wastewater Flows and Loads The original scope of services assumed a 10 year planning horizon. DEQ review of initial data collected for the pion update specified that they required a 20 year planning horizon to use State Revolving Fund revenues. • Task 6 -Develop 8 Evaluate Treatment Alternatives The original scope of services assumed a 10 year planning horizon. DEQ review of initial data collected for the plan update specified that they required a 20 year planning horizon to use State Revolving Fund revenues. 88 Honorable Mayor and City Council April 13, 2009 Page 3 During the analysis performed for the plan update, it became apparent the allocated and actual industrial loads for future planning were extremely critical as to influencing considered alternative methods for treatment and compliance. • Task 7 -Develop >~ Evaluate Discharge ~ Reuse Alternatives The original scope of services assumed a 10 year planning horizon. DEQ review of initial data collected for the plan update specified that they required a 20 year planning horizon to use State Revolving Fund revenues. During the analysis performed for the plan update, it became apparent the allocated and actual industrial loads for future planning were extremely critical as to influencing considered alternative methods for treatment and compliance. • Task 8 - Collecting/Transmission System Mapping >~ Evaluation The original scope of services assumed a 10 year planning horizon. DEQ review of initial data collected for the plan update specified that they required a 20 year planning horizon to use State Revolving Fund revenues. This study was significantly complicated by the fact that the plan must account for 2030 growth, yet the City comprehensive plan had not identified where this future growth would be located. City data available on the existing collection and transmission system was not as rapidly available as originally thought. This contribution of City data resulted in more time and effort than staff and the Consultant estimated for the completing the Plan update. • Task 11 -Public Involvement The level of technical support required for Citizen Advisory Committee was more extensive than originally estimated. Two key personnel changes within the City staff participating on the Project Management Team required additional consultant effort to provide continuity with those changes. The Treatment Plant Superintendent and assigned City Project Manager both retired during this project. Therefore, the City was not able to provide some of the direct participation or lead in public involvement that consultant assumed at the project start. 89 Honorable Mayor and City Council April 13, 2009 Page 4 • Due to some of the critical discoveries made during the plan update with regard to system needs and costs, additional public involvement in excess of that originally estimated will be needed. Finally, during the development of the plan update, DEQ published the new TMDL requirements for the Molalla/Pudding Subbasin. While this new requirement was known to be in regulatory implementation process at the time this contract was negotiated, the actually timing of a final determination was not known and what the actual discharge requirements would be was not known. The discharge limitations of the adopted TMDL are more restrictive than those previously imposed in other watersheds throughout the state. Consultant assistance was required to comment on proposed TMDL limitations and to also adopt those limitations into current operations and future facility planning. FINANCIAL IMPACT: Public Works currently has sufficient funds available within the Wastewater Construction fund to offset this increase in the professional service contract for the preparation of the Wastewater Treatment Facilities Plan update. 90 W RN l~cr,yo,o~rd 1889 April 13, 2009 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Director of Public Works SUBJECT: AUTHORIZATION OF REIMBURSEMENT TRAFFIC IMPACT FEE - MaPS CREDIT UNION RECOMMENDATION: By motion, authorize reimbursement to MaPS Credit Union in the sum of $128,929.25 for the difference between the original Traffic Impact Fee (TIF) assessment ($189,928.25) collected and the approved alternative TIF assessment ($60,999) . MaPS Credit Union received final occupancy from the City of Woodburn for their building at 1860 Newberg Highway on September 24, 2007. Under the TIF ordinance in effect at that time (former Ordinance 2248) a TIF of $189,928 was calculated by staff. MaPS paid this TIF. Former Ordinance 2248 allowed MaPS to hire an engineering consultant to prepare snd submit to the City an alternative TIF rate calculation if MaPS believed that its impact on the City's transportation system was less than the TIF established by the City. MAPS Credit Union paid for and submitted an alternative rate calculation based on the actual Woodburn MaPS Credit Union trip generation data. ~~~~~~~ MOPS Credit Union hired the engineering consultant firm URS Corporation to perform all analysis required for the alternative rate calculation. The City of Woodburn received the initial submission of URS Corporation's alternative rate calculation for the MaPS Credit Union Traffic Impact Fees on August 21, 2008. Agenda Item Review: City Administrator City Attorney 91 Honorable Mayor and City Council April 13, 2009 Page 2 Upon review of this initial analysis submitted, the City of Woodburn raised concern regarding the 57~ "pass-by" rate used in URS Corporation's data collection. To expedite the process, URS agreed to use the City's 15% "pass-by" rate and with the trip generation analysis performed based on actual observed trips. The revised altemative assessment submitted by URS Corporation and concurred with by City staff is $60,999. This is $128,929.25 less than the original amount paid ($189,928.25) by MaPS Credit Union. Under former Ordinance 2248, the altemative rate assessment presented by URS Corporation had to be calculated under the 5th edition of the Institute of Transportation Engineers (ITE) Trip Generation manual in effect at the time of the original MaPS assessment. However, in an effort to validate the alternative assessment, staff performed a comparison analysis using the current methodology in effect today pursuant to Ordinance 2438 (passed by the City Council April 30, 2008). This comparative analysis revealed that the City would assess MOPS Credit Union $78,770 in Transportation SDC charges. The conclusion reached upon performing the comparative analysis is that the original assessment methodology used to compute a TIF rate of $189,928.25 was not appropriate and that the revised rate based upon the alternative analysis prepared by URS Corporation may be underestimated based current Transportation SDC rate structure. FINANCIAL IMPACT: Reimbursement of the $128,929.25 will be taken from the Transportation System Development Charge Fund. 92 W URN l~roryoreiod id89 TO: Honorable Mayor and City Council FROM: Scott C. Derickson, City Administrator SUBJECT: City Council FY 2009/10 Goals RECOMMENDATION: April 13, 2009 By motion, adopt City Council Goals, as presented in this Staff Report or as deemed appropriate by the City, for 2009/10 BACKGROUND: During the City Council's March 28, 2009 Special meeting, the City Council developed a set of goals for 2009/10. It was also determined the gool list, while certainly not all inclusive of all of the City Council's desires for the community - would focus on a reasonable number of goals the City Council felt were important and could be accomplished within the next twelve months. Goal areas included: • Improve Communications - Develop a communication plan, including a redesign the City's website. • Promote Economic Development -Complete the economic development plan in partnership with the Chamber of Commerce; revisit the City's economic strategy regarding business attraction, retention and sustainability. • Implement Community Outreach -Build cultural connections with community members; assist community members in economic crisis; build partnerships. • ~tefine City Policies -Complete long-range financial plan; create clear municipal regulations and codes for greater understanding and eliminate unnecessary over-regulation. Agenda Item Review: City City A 93 Honorable Mayor and City Council Apirl 13, 2009 Page 2 FINANCIAL IMPACT: The ARRA stimulus funds are provided on a reimbursable basis and no local match is required. Public Works proposes to utilize Fund 363 Street/Storm Capital Improvement Fund for initial expenditures to complete work and repay the Fund 363 with stimulus funding when reimbursed. Attachment -April 19, 2009 Award Letter from ODOT 96 ''''.. ,• ~%° .. JI ~.HVA V !-` ~~~~ .~, April 9, 2009 Tk~eodoee R. Kulangoekl, Govemar City of Woodburn Dan Brown 190 Gafield St Woodbum, OR 97071 Deparan~tt of Transportation Transpo~t~tlon ENtanoemant Propraen 355 Capitol St. NE, Room 326 Salem, OR 97301-3871 RE: Economic Stimulus Project -Confirmation and Agreement Young Street: OR89E -North Front Street (Woodburn) Agreement No. 25528 The above-named project has been accepted for funding through the American Recovery and Reinvestment Ad of 2009 (ARRA). The funds will come from the portion of Oregon's ARRA funds sub-allocated to cities, counties, and metropolitan areas. The amount identified for this Project is 5490,000. The ARRA program has sperrtific goals, deadlines and reporting requirements different from those of other federal or state programs. One cxitical difference is that ARRA funds are available only until March 1, 2010. if a project is not ready for bid at that time, the ARRA funds will be withdrawn for redistribution to other projects in Oregon, or may be lost to other states. To avoid losing any of Oregon's ARRA funds, it is important to start your project promptly and advance it to contract on time. Several actions must ocxur before the project can begin: • Complete the ODOT Project Prospectus and Environmental Class cation. • Sign the Local Agency Agreement and ARRA Checklist. • Secure a qual~ed consultant (if needed) and obtain Notice to Proceed from ODOT. Local Agency Agreement -The Agreement for your Project is attached as a PDF document. This Agreement contains provisions speafic to the ARRA, and Standard Provisions that apply to all federal-aid transportation projects in Oregon. To meet the stated deadlines, you must sign and return by email in the foam of a PDF, the Agreement and the ARRA Checklist to karin.I.jorgensen(~odot.state.or.us no later than Auril 19. 2009. The Agreement text is the same for all ARRA projects. Do not request chanoes unless there are errors specific to your agency or project identification. If you retum the agreement late, the project may be delayed several weeks as it will miss being included in expedited STIP and environmental approvals ODOT has planned. 25528, 1 R - Pg. 1 97 ARRA Checklist -The enclosed checklist is provided for all ARRA projects awarded to local govemment agencies to clarify their responsibility for timely completion of ARRA projects. The Agency official signing the Agreement must complete and return this chec list with the PDF version of the Agreement before ODOT will execute the Agreement, or give Notice to Proceed. Prospectus, STIP Amendment and Notice to Proceed -When you return the signed Agreement and Checklist your project will be assigned to a Local Agency Liaison in the ODOT Region 2 office. This person will work with ODOT Highway Program staff (Salem) to complete the actions needed before giving your project a Notice to Proceed for the ARRA- funded portion of the project. 1 R Resurfacing Projects -This project appears to fit the definition of 1 R Resurfacing. ODOT intends to process all the 1 R "overlay" projects as a group, and pursue an expedited environmental approval for the group from the Federal Highway Administration (FHWA). If the project is later modfied and no longer fits the 1 R guidelines, incorporated by reference in the Agreement, your agency must request an amendment of the Agreement and reinitiate the environmental approvals. For general information about the ARRA program you may contact me at (50~i) 996,36A0. If you have specific questions about the next steps for your project or changes in your project information, please contact Dave Galati, ODOT Local Govemment Section, attention: David.A.GalatiCa~odot.state.or.us. If you have specific questions regarding the Intergovernmental Agreement, please contact the ODOT Procurement office attention: Karin Jorgensen via email at: Karin.L.JorgensenCa~odot.state.or.us. Sincerely, Martin E. Andersen, PE ODOT Local Govemment Section Manager cc: Kelly Amador, ODOT Region 2, Local Program Enclosures (4) original agreements (1) Checklist (1) Envelope 1SS18, 1R-Pg.2 98 nt 200 K ~y This checklist is required for all ARRA-funded projects awarded to local government agencies, as a condition of ODOT signing the attached Local Agency Agreement for the Project. Instructions: (1) Read the referenced sections of the Local Agency Agreement; (2) Initial each box below; (3) Sign at the bottom of the page. Young Street: OR99E -North Front Street (Woodburn) City of Woodburn, Agreement No. 25528 ^ ARRA funds are not a grant. They are paid as reimbursement for actual Project costs based on invoices approved by ODOT or a certified local agency. ^ Project approval by ODOT, and inclusion in the Statewide Transportation Improvement Program (STIP), do not constitute formal authorization to begin work. Any costs incurred prior to FHWA Authorization and ODOT Notice to Proceed will not be reimbursed (Terms of Agreement #3) ^ ARRA funds are available only until Mazch 3, 2010. State may withdraw funds not obligated for construction by that date, and will not replace the withdrawn ARRA funds. (Terms of Agreement #10) ^ There is no match required for the ARRA funds but the Local Agency is responsible for non-participating Project costs. (Terms of Agreement #2; Standard Provisions #23 and #24) ^ The Local Agency has responsibility for long-term maintenance of the Project. (Special Provision #7; Standard Provision #47) ^ The Local Agency will have to repay ARRA and other federal funds under conditions described in Terms of Agreement #8 and Standard Provision #32. ru i~rstand ~ ~11ow1~ Seto ~ ~F~foltFsons ~ .I = o ~' ^ Project Administration (1, 2) ^ Preliminary and Construction Engineering (3, 4) ^ U5DOT Assistance Agreement (5-9) ^ State Obligations including: Project Funding Request (10), Finance (11), Project Activities (12-16), Right-of-way (17-22) ^ Agency Obligations including: Finance (23-33), Raikoads (34), Utilities (35, 36), Standards (37-41), Grade Change Liability (42-44), Contractor Claims (45, 46), Maintenance Responsibilities (47), Workers Compensation Coverage (48), Lobbying Restrictions (49A-49E) Authorized Agency Official Date 25528 99 ~~ I~C~. '~J~OODBUR,[~ 7ncorpa rntcat 1889 April 13, 2009 TO: Honorable Mayor and City Council through City Administrator FROM: Charles Blevins, Acting Chief of Police SUBJECT: IGA for Justice Assistance Grant Funds RECOMMENDATION: Authorize the City Administrator to execute on behalf of the City intergovernmental agreement #2009-F4634-OR-SB accepting the disbursal of $55,864.00 in Justice Assistance Grant (JAG) funds. BACKGROUND 8~ DISCUSSION: The Woodburn Police Department recently applied for and received $55,864.00 in grant funding through the federal Justice Assistance Grant (JAG) program. These funds will be used by the Police Department for upgrading patrol unit software and purchasing additional training equipment. The attached intergovernmental agreement with the cities of Woodburn, Salem, Silverton, Stayton, Keizer and Marion County is a federal requirement to receive the funding. It was just received by the Police Department and had to be "walked on" to the agenda. FINANCIAL IMPACT: The $55,864.00 will be a supplemental funding source. Agenda Item Review: City Administrator City Attorney Finance .... _ 1. ;~~~'., U.S Department of Justice GMS Application #2009-F4634-OR-SB THE STATE OF OREGON COUNTY OF MARION INTERGOVERNMENTAL AGREEMENT AMONG THE CITIES OF SALEM, SILVERTON, STAYTON, WOODBURN, AND KEIZER, AND THE COUNTY OF MARION FOR RECOVERY ACT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into by and between the COUNTY OF MARION, acting by and through its governing body, hereinafter referred to as "COUNTY," the CITY OF SALEM, acting by and through its governing body, hereinafter referred to as "SALEM," the CITY OF SILVERTON, acting by and through its governing body, hereinafter referred to as "SILVERTON," the CITY OF STAYTON, acting by and through its governing body; hereinafter referred to as "STAYTON," the CITY OF WOODBURN, acting by and through its governing body, hereinafter referred to as "WOODBURN," and the CITY OF KEIZER acting by and through its governing body, hereinafter referred to as "KEIZER," all of Marion County, State of Oregon, and referred to collectively herein as the "Parties," witnesseth: WHEREAS, this Agreement is made under the authority of ORS 190.010 et seq.; and WHEREAS, each party to this Agreement, in performing the governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each party to this Agreement finds that the performance of this Agreement is in the best interest of all Parties and that this undertaking will benefit the public. NOW THEREFORE, the Parties do hereby agree as follows Section 1. Disbursal Of Funds. In anticipation of receiving the JAG allocation for Cities and County as listed on Exhibit "A" which is attached hereto and incorporated herein by this reference, SALEM, as the grant applicant and fiscal agent, agrees to disburse funds received from this JAG allocation to the other Parties in the following amounts: to the COUNTY a total of $89,266.00 of JAG funds; to SILVERTON a total of $10,942.00 of JAG funds; to STAYTON a total of $22,461.00 of JAG funds; to WOODBURN a total of $55,864.00 of JAG funds; to KEIZER a total of $67,382 of JAG funds, from a total award of $818,084.00. Section 2. Indemnification. Subject to the limits imposed under the Oregon Tort Claims Act, each Party hereto agrees to indemnify, save, and hold harmless all other Parties to this Agreement and their officers, agents, employees and volunteers from and against any and all claims, suits, demands, actions, losses, damages, liabilities, and costs and expenses of any nature whatsoever (including reasonable attorneys' fees and disbursements) resulting from or arising out of or relating to the activities of the indemnifying Party or any of its officers; employees, contractors, or agents acting under this Agreement. Each Party hereto shall give to all other Parties notice in writing of any such claims, suits, demands, actions, losses, damages, or liabilities within twenty (20) days of the date that Party receives notice of any such claims. No Party hereto shall settle, compromise or take any action prejudicial to any other Party's defense of or interest in such claims without the express written consent of the potentially prejudiced Party. Section 3. Trust Fund/Fiscal Agent. The Parties hereby agree that SALEM will administer the financial and programmatic functions assigned to "fiscal agent" under the terms of the grant. To the extent required by JAG legislation: a) SALEM will establish anon-interest bearing trust account for JAG funds and make all decisions regarding administration of and distributions out of the fund; and b) SALEM will complete and submit quarterly financial reports and the annual performance report to the Bureau of Justice Assistance (BJA) as required. COUNTY, SILVERTON, STAYTON, WOODBURN, and KEIZER hereby agree to cooperate with and timely provide SALEM with the data necessary to complete any section of the quarterly financial reports or the annual performance report regarding the Parties' activity. In addition, COUNTY, SILVERTON, STAYTON, WOODBURN, and KEIZER shall submit to SALEM, the fiscal agent under the program, all information necessary to complete the preparation of the quarterly financial and program reports within five (5) calendar days after the end of each calendar quarter. These submissions shall begin on July 5, 2009. Section 4. Each Party to this Agreement shall be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of services by any other Party. Section 5. By entering into this Agreement, the Parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. Section 6. Effective Date, Term. This Agreement shall become effective upon the date of the last signature hereon, and shall continue until completion of the requirements of the Grant Award, unless sooner terminated as provided herein. The Agreement shall terminate immediately without notice being given by any Party hereto if the Bureau of Justice Assistance fails to make a 2009 Recovery Act Justice Assistance Grant award to the Parties for 2009. Section 7. Warranty of the Parties. The Parties warrant that nothing in any of the Parties' activities related to this Agreement are, or would result in, the breach of any state statutes, rules, program requirements and grant provisions applicable to the funds, and that if any of the Parties' activities related to this Agreement result in such a breach, the Parties shall be solely responsible for such breach, and shall hold SALEM harmless and indemnify SALEM for an amount equal to the maximum amount of liability for such breach. Nothing herein shall cause the Parties to be liable to (or require the Parties to indemnify and hold harmless) SALEM in the event that the breach, loss, damage or obligation is caused or contributed to by SALEM. Section 8. Compliance with Applicable Laws. The Parties agree that they will comply with any federal, state, and local laws, regulations, executive orders and ordinances that may be applicable to the work under this Agreement, including, but not limited to, program requirements and grant provisions applicable to the JAG funds, which by this reference are made a part hereof. 2 Section 9. Records Maintenance; Access. The Parties hereby acknowledge and agree that they and their duly authorized representatives and the federal government shall all have access to such fiscal records and other books, documents, papers, and writings of the other Parties that are pertinent to this Agreement to perform examinations and audits and make excerpts and transcripts. The Parties shall retain and keep accessible all such fiscal records, books, documents, papers, and writings for a minimum of three (3) years, or such longer period as may be required by applicable law, following final payment and termination of this Agreement, or until the conclusion of any audit, controversy, or litigation arising out of or related to this Agreement, whichever date is later. Copies of applicable records shall be made available upon request. Section 10. The Parties agree that no person shall, on the grounds of race, color, creed, national origin, sex, marital status, age or physical or mental disability suffer discrimination in the performance of this Agreement when employed by Party. Parties agree to comply with all applicable requirements of state and federal civil rights and rehabilitation statutes, rules and regulations. Further Parties agree not to discriminate against minority-owned, women-owned, or emerging small businesses in awarding subcontracts as required by ORS 279A.110. Section 11. Agency. No Party to this Agreement, nor the officers, employees or agents of that Party are agents of any other Party. Each Party shall be separately and exclusively responsible for acts, errors, and omissions of its own officers, employees, and agents except to the extent provided under the indemnity provisions of this Agreement. Section 12. Entire Agreement. This Agreement sets forth the entire understanding between the Parties with respect to the subject matter of this Agreement. Section 13. Termination. This Agreement may be terminated by mutual agreement of all Parties at any time. Any Party hereto may terminate this Agreement for any reason deemed appropriate in its sole discretion by giving not less than thirty (30) days written notice to the other Parties. Section 14. Modification. This Agreement may not be altered, modified, supplemented, or amended in any manner whatsoever except by mutual agreement of the Parties set forth in writing and executed with the same formalities as this Agreement. Any such alteration, modification, supplementation, or amendment, if made, shall be effective only in the specific instance and for the specific purpose given, and shall be valid and binding only if signed by the Parties. Section 15. Notice. Any notice provided for under this Agreement shall be sufficient if in writing and (1) delivered personally to all of the other Parties hereto; (2) sent by U.S. Mail to all of the Parties, postage prepaid, certified mail, return receipt requested; (3) sent overnight by commercial courier to all of the other Parties; or (4) sent by facsimile transmission to all of the other Parties, provided receipt of such facsimile is confirmed, in writing, on the first business day following the date of transmission. Notice shall be sent to the following addresses or such other address as each Party may specify in writing: CITY OF SALEM Linda Norris, City Manager City of Salem 555 Liberty Street SE Salem, OR 97301 Fax 503-588-6354 CITY OF SILVERTON Bryan Cosgrove, City Manager City of Silverton 306 South Water Street. Silverton, OR. 97381 Fax 503 873-7452 CITY OF WOODBURN Scott Derickson, City Administrator City of Woodburn 270 Montgomery Street Woodburn, OR. 97071 Fax 503 982-5243 COUNTY OF MARION John Lattimer, Chief Administrative Officer County of Marion 555 Court Street NE Salem, OR 97301 Fax 503-588-5237 CITY OF STAYTON Donald Eubank, City Manager City of Stayton 362 North 3~d Ave. Stayton, OR. 97383 Fax 503 769-1456 CITY OF KEIZER Chris Eppley, City Manager City of Keizer 930 Chemawa Road NE Keizer, OR. 97303 Fax 503 393-9437 Section 16. Funds Available and Authorized. The Parties understand and agree that SALEM'S payment of the amounts under this Agreement is contingent upon SALEM receiving from the Bureau of Justice Assistance funds and expenditure authority sufficient to allow SALEM, in the exercise of its reasonable administrative discretion, to make the payments under this Agreement. Section 17. Choice of LawsNenue. This Agreement shall be governed and interpreted according to the laws of the State of Oregon, without regard to conflict of laws principles. Venue for litigation of any action regarding this Agreement shall be in the Circuit Court for Marion County, State of Oregon, unless the action is brought in federal court, in which case venue shall be in the federal district court for the District of Oregon. Each Party to this Agreement expressly waives any and all rights to maintain an action under this Agreement in any other venue. Section 18. Severability. The Parties agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid. Section 19. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 4 IN WITNESS WHEREOF, the Parties have caused this /agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF SALEM, OREGON Linda Norris City Manager Dated: CITY OF SILVERTON, OREGON COUNTY OF MARION, OREGON John Lattimer Chief Administrative Officer Dated: CITY OF STAYTON, OREGON Donald Eubank City Manager Dated: CITY OF KEIZER, OREGON Chris Eppley City Manager Dated: Bryan Cosgrove City Manager Dated: CITY OF WOODBURN, OREGON Scott Derickson City Administrator Dated: 5 'w D URjv lwaorOora,eA 18A9 April 13, 2009 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Director of Public Works SUBJECT: ARRA Economic Stimulus funding Young Street Resurfacing RECOMMENDATION: Authorize the City Administrator to execute, on behalf of the City, Agreement No. 25528 with the State of Oregon/ ODOT in order to accept $490,000 in funding made available to the City of Woodburn under the American Recovery and Reinvestment Act (ARRA). BACKGROUND: The State of Oregon/ODOT received funding in 2009 as a federal economic stimulus package, of which a portion was made available to local public agencies for public road improvements. Only projects on the federal aid system were eligible for funding. The road or street was required to be a functionally classed as a rural collector, urban collector or above to be eligible for funding. All Title 23 rules applied to projects approved for funding. ~~~~~1i~ Public Works submitted an Avenue to Oregon 99E. accomplished within an approved by FHWA. application for resurfacing Young Street from Front This project was selected because it could be established environmental categorical exclusion The City is not certified to perform a federal aid project and elected to accomplish this project in partnership with Marion County that will be performing rural road improvements under the ARRA stimulus program in northern Marion County. Agenda Item Review: City Administrat "" City Attorney Finance 95 Honorable Mayor and City Council Apil 13, 2009 Page 2 FINANCIAL IMPACT: The ARRA stimulus funds are provided on a reimbursable basis and no local match is required. Public Works proposes to utilize Fund 363 Street/Storm Capital Improvement Fund for initial expenditures to complete work and repay the Fund 363 with stimulus funding when reimbursed. Attachment -April 19, 2009 Award Letter from ODOT 96 April 9, 2009 7heodoce R. Kulongoxki, Governor City of Woodburn Dan Brown 190 Garfield St Woodburn, OR 97071 Department of Transportation Transportatlon Enhanaemant Program 355 Capitol St. NE, Room 326 Salem, OR 97301-3871 RE: Economic Stimulus Project -Confirmation and Agreement Young Street: OR99E -North Front Street (Woodburn) Agreement No. 25528 The above-named project has been accepted for funding through the American Recovery and Reinvestment Act of 2009 (ARRA). The funds will come from the portion of Oregon's ARRA funds sub-allocated to cities, counties, and metropolitan areas. The amount identified for this Project is 6490,000. The ARRA program has speck goals, deadlines and reporting requirements different from those of other federal or state programs. One critical difference is that ARRA funds are available only until March 1, 2010. If a project is not ready for bid at that time, the ARRA funds will be withdrawn for redistribution to other projects in Oregon, or may be lost to other states. To avoid losing any of Oregon's ARRA funds, it is important to start your project promptly and advance it to contract on time. Several actions must occur before the project can begin: • Complete the ODOT Project Prospectus and Environmental Class cation. • Sign the Local Agency Agreement and ARRA Checklist. • Secure a qualified consultant (if needed) and obtain Notice to Proceed from ODOT. Local Agency Agreement -The Agreement for your Project is attached as a PDF document. This Agreement contains provisions speafic to the ARRA, and Standard Provisions that apply to all federal-aid transportation projects in Oregon. To meet the stated deadlines, you must sign and return by email in the form of a PDF, the Agreement and the ARRA Checklist to karin.I.jorgensen~odot.state.or.us no later than ril 19 2009. The Agreement text is the same for ali ARRA projects. Do not request chans~es unless there are errors specific to your agency or project identification. if you return the agreement late, the project may be delayed several weeks as it will miss being included in expedited STIP and environmental approvals ODOT has planned. 25528. 1 R - Pg. 1 97 ARRA Checklist -The enclosed checklist is provided for all ARRA projects awarded to local govemment agencies to clarify their responsibility for timely completion of ARRA projects. The Agency official signing the Agreement must complete and return this checklist with the PDF version of the Agreement before ODOT will execute the Agreement, or give Notice to Proceed. Prospectus, STIP Amendment and Notice to Proceed -When you retum the signed Agreement and Checklist your project will be assigned to a Local Agency Liaison in the ODOT Region 2 office. This person will work with ODOT Highway Program staff (Salem) to complete the actions needed before giving your project a Notice to Proceed for the ARRA- funded portion of the project. 1R Resurfacing Projects -This project appears to fit the definition of 1 R Resurfacing. ODOT intends to process all the 1 R "overlay" projects as a group, and pursue an expedited environmental approval for the group from the Federal Highway Administration (FHWA). If the project is later modified and no longer fits the 1 R guidelines, incorporated by reference in the Agreement, your agency must request an amendment of the Agreement and reinifiate the environmental approvals. For general information about the ARRA program you may contact me at (50Ci) 966,3640. If you have specific questions about the next steps for your project or changes in your project information, please contact Dave Galati, ODOT Local Govemment Section, attention: David.A.Galati(c~odot.state.or.us. If you have specific questions regarding the Intergovernmental Agreement, please contact the ODOT Procurement office attention: Karin Jorgensen via email at: Karin.L.Jorgensen(a~odot.state.or.us. Sincerely, Martin E. Andersen, PE ODOT Local Govemment Secction Manager cc: Kelly Amador, ODOT Region 2, Local Program Enclosures (4) original agreements (1) Checklist (1) Envelope 1SS28, IR - Pg. 2 98 _ [lean =,~ .,~. nt 200 _ ., , " y-~. .,. , -,~ - , ~= This checklist is required for all ARRA-funded projects awarded to local govennment agencies, as a condition of ODOT signing the attached Local Agency Agreement for the Project. Instructions: (1) Read the referenced sections of the Local Agency Agreement; (2) Initial each box below; (3) Sign at the bottom of the page. Young Street: OR99E -North Front Street (Woodburn) City of Woodburn, Agreement No. 25528 ^ ARRA funds are not a grant. They are paid as reimbursement for actual Project costs based on invoices approved by ODOT or a certified local agency. ^ Project approval by ODOT, and inclusion in the Statewide Transportation Improvement Program (STIP), do not constitute formal authorization to begin work. Any costs incurred prior to FHWA Authorization and ODOT Notice to Proceed will not be reimbursed. (Terms of Agreement #3) ^ ARRA funds are available only until March 3, 2010. State may withdraw funds not obligated for construction by that date, and will not replace the withdrawn ARRA funds. (Terms of Agreement #10) ^ There is no match required for the ARRA funds but the Local Agency is responsible for non-participating Project costs. (Terms of Agreement #2; Standard Provisions #23 and #24) ^ The Local Agency has responsibility for long-term maintenance of the Project. (Special Provision #7; Standard Provision #47) ^ The Local Agency will have to repay ARRA and other federal funds under conditions described in Terms of Agreement #8 and Standazd Provision #32. ^ Project Administration (1, 2) ^ Preliminary and Construction Engineering (3, 4) ^ USDOT Assistance Agreement (5-9) ^ State Obligations including: Project Funding Request (10), Finance (11), Project Activities (12-16), Right-of--way (17-22) ^ Agency Obligations including: Finance (23-33), Railroads (34), Utilities (35, 36), Standazds (37-41), Grade Change Liability (42-44), Contractor Claims (45, 46), Maintenance Responsibilities (47), Workers Compensation Coverage (48), Lobbying Restrictions (49A-49E) Authorized Agency ~cial Date 25528 99