March 25, 2013 Agenda
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ITY ALL OUNCIL HAMBERS ONTGOMERY TREET
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
3.ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None.
Appointments:
None.
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
A.Downtown Woodburn Unidos
B.Woodburn School District
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
A.Prescription Drug and Heroin Abuse Awareness Month1
Presentations:
B.Construction Phases Update
6.COMMUNICATIONS
None.
–
This allows the public to introduce items for
7.BUSINESS FROM THE PUBLIC
Council consideration not already scheduled on the agenda.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-2485.**
March 25, 2013
Council Agenda Pagei
–Items listed on the consent agenda are considered
8.CONSENT AGENDA
routine and may be adopted by one motion. Any item may be removed
for discussion at the request of a Council member.
A.Woodburn City Council minutes of March 11, 20132
Recommended Action: Approve the minutes.
B.Woodburn Planning Commission minutes of February 28, 20134
Recommended Action:Accept the minutes.
C.Woodburn Recreation and Park Board minutes of March 12, 8
2013
Recommended Action: Accept the minutes.
D.Crime Statistics through February 201312
Recommended Action: Receive the report.
9.TABLED BUSINESS
None.
10.PUBLIC HEARINGS
A.DataVisionTelecommunications Franchise Agreement16
–Members of the public wishing to comment on items of
11.GENERAL BUSINESS
general business must complete and submit a speaker’s card to the City
Recorder prior to commencing this portion of the Council’s agenda.
Comment time may be limited by Mayoral prerogative.
A.Council Bill No.2920-An Ordinance Granting a 18
Telecommunications Franchise to Datavision Communications,
LLC to Occupy Certain Rights-of-Waywithin the City of
Woodburn and Declaring an Emergency
Adopt the ordinance.
Recommended Action:
B.21
-
Council Bill No.2921A Resolution AuthorizingApplicationfor a
Local Government Grant from the Oregon Parks and Recreation
Department for the Construction of a Picnic Pavilion with
Restroom Facilities, a Walking Path and Landscape
Improvements at Legion Park
Recommended Action:Adopt theresolution.
C.Award of Contract for Street Sweeping Operations25
March 25, 2013
Council Agenda Page ii
Recommended Action:That the City Council, acting as the
Local Contract Review Board, award a contract for providing
street sweeping operations to Water Truck Services, Inc. of
Wilsonville, Oregon for per year.
$93,996.76
D.Transit Vehicle Grant Agreement27
Recommended Action:Authorize the City Administrator to enter
into the enclosed Grant Agreement No. 29041 with the Oregon
Department of Transportation (“ODOT”) for the purchase of a
“category A” heavy duty low-floor transit vehicle in the amount
of $311,250 or 83% of the total project cost, whichever is less.
E.Mt. Angel Fire District Network Support Agreement44
Recommended Action:Authorize the City Administrator to
execute an Intergovernmental Agreement with the Mt. Angel
Fire District to provide computer and network support.
–
These
12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
are Planning Commission or Administrative Land Use actions thatmay be
called up by the City Council.
A.Planning Commission approval of Design Review 2013-01,49
located at 2720 Newberg Highway (Dutch Bros)
Recommended Action:No action is recommended. This item is
placed before the Council for information purposes, in
compliance with the Woodburn Development Ordinance. The
Council may call up this item for review if it desires.
13.CITY ADMINISTRATOR’S REPORT
14.MAYOR AND COUNCIL REPORTS
15.ADJOURNMENT
March 25, 2013
Council Agenda Page iii
PROCLAMATION
PRESCRIPTION DRUG AND HEROIN ABUSE AWARENESS MONTH
WHEREAS
, the abuse of prescription medications is a growing public health concern; and
WHEREAS
, every day in the United States more than 2,500 teenagers abuse prescription
medication for the first time; and
WHEREAS,
opiate-based prescription drugs can fuel addiction that causesthe user to
desperately seek more causing some prescription drug abusers to turn to heroin, another opiate, which can
be stronger, cheaper and more addictive; and
WHEREAS,
heroin-related arrests in Oregon are up 70 percent over the last two yearsand in
Marion County possession of heroin was up 30 percent in 2011, and delivery of heroin was up 60 percent
over the same timeframe; and
WHEREAS
, 70 percent of all prescription drugs that und up in the blood streams of our children
and youth come from family and friends, and many young people mistakenly think that it is safer to
misuse prescription medications than illegal street drugs; and
WHEREAS
, parents and other family members are often unaware that a loved one is abusing
prescription medications; and
WHEREAS,
when used properly, prescription medications have a legitimate medical use, but
misuse of these medications can leads to addiction, overdose and even death; and
WHEREAS
, the City of Woodburn and the Woodburn Police Department are committed to a
drug safe community and want to call attention to this problem and help parents, families and other
community members understand what they can do to curb the abuse of prescription medications and
heroin by hosting a prescription drug summit on April 25 at Woodburn Health Center from 6-8 p.m.
NOW, THEREFORE,
the Woodburn City Council recognizes the importance of raising
awareness around the issue of prescription drug abuse and heroin use in Woodburn and issues the
following proclamation:
IT IS HEREBY PROCLAIMED BY THE WOODBURN CITY COUNCIL THAT APRIL 2013 SHALL
BE DESIGNATED AS “PRESCRIPTION DRUGAND HEROIN ABUSE AWARENESS MONTH.”
IN WITNESS WHEREOF
, I have hereunto set my hand and caused the seal of the City of Woodburn to
th
be affixed this 25 day of March 2013.
Kathryn Figley, Mayor
City of Woodburn
1
COUNCIL MEETING MINUTES
MARCH 11, 2013
DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
0:00
OF MARION, STATE OF OREGON, MARCH 11, 2013
CONVENED
The meeting convened at 7:00 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor Figley Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallum Present
Councilor Morris Present
Councilor Raustein Present
Councilor Ellsworth Present
Staff Present:
City Administrator Derickson, City Attorney Shields, Public Works
Director Brown,Police Chief Russell, Communications Coordinator Horton, City
Recorder Pierson.
COMMUNITY/GOVERNMENT REPORTS
0:00
A.Woodburn Chamber of Commerce – Don Judson, Executive Director of the Woodburn
Chamber of Commerce, announced that this Wednesday is the monthly Forum Lunch
and that the County Commissioners will be speaking about the State of the County and
reminded the City Council that the DSA banquet is taking place this Friday. He also
thanked the City and Mayor for approving the WAT agreement.
B.Woodburn School District – Chuck Ransom, Interim Superintendent, provided an update
on the fire restoration progress at the high school.
PRESENTATION
0:08
A.Mayor Figley announced that the Construction Phases Update presentation scheduled for
tonight’s council meeting is being rescheduled.
CONSENT AGENDA
0:09
A. Woodburn City Council minutes of February 25, 2013,
B. Woodburn Planning Commission minutes of February 7, 2013,
C. Full On-Premise Sales –Great Privilege.
McCallum/Lonergan
… adopt the Consent Agenda. Motion passed unanimously.
PUBLIC HEARING
0:09
Mayor Figley declared the hearing open at 7:10 pm for the purpose of hearing public input
on the proposed Cable Television Franchise with WaveDivision VII, LLC. City Attorney
Shields provided a staff report. Jerry Cotter, 419 McLaughlin Drive, spoke in favor of the
new franchise agreement and thanked Wave and the City for their work on it. Karen
Daniher, WAVE Broadband Vice President ofOperations in Oregon, spoke in favor of the
new franchise agreement. Don Judson, Woodburn Chamber of Commerce stated that
WAVE is a strong member of the community and that he supports the new franchise
agreement. No members of the public wished to speak in opposition of the proposed cable
Page 1 - Council Meeting Minutes,March 11, 2013
2
COUNCIL MEETING MINUTES
MARCH 11, 2013
television franchise agreement. Mayor Figley declared the hearing closedat 7:27 pm.
COUNCIL BILL NO. 2919- AN ORDINANCE GRANTING A CABLE TELEVISION
0:27
FRANCHISE TO WAVEDIVISION VII, LLC D/B/A WAVE BROADBAND AND
DECLARING AN EMERGENCYMcCallum
introduced Council Bill 2919. Recorder
Pierson read the two readings of the bill by title only since there were no objections from the
Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley
declared Council Bill No. 2919 duly passed.
AWARD OF CONSTRUCTION CONTRACT FOR THE I-5 INTERCHANGE –
0:29
FORCE MAIN AND SANITARY SEWER SERVICES RELOCATION EAST OF
ASTOR WAY Cox/Lonergan…
.acting as the Local Contract Review Board, award the
construction contract for the I-5 Interchange –Force Main and Sanitary Sewer Services
Relocation East of Astor Way Project to Canby Excavating, Inc. in the amount of
$165,895.00. Motion passed unanimously.
CITY ADMINISTRATOR’S REPORT
0:30
City Administrator Derickson stated that he will try to reschedule Alan Foxfrom ODOTfor
the next Council meeting.
MAYOR ANDCOUNCIL REPORTS
Councilor McCallum reminded people that Woodburn Spring Clean-up day will be taking
0:31
place on March 23 beginning at 8:00 am.
ADJOURNMENT
0:32
McCallum/Cox
..meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 7:32pm.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 2 - Council Meeting Minutes,March 11, 2013
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CityofWoodburn
CityofWoodburn
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
March 12, 20135:30p.m.
1.CALL TO ORDER
The meeting and was called to order at 5:30 p.m.
2.ROLL CALL
Position I Brent Glogau, Member (12/13) Absent
Position II (Student) Sofie Velasquez (12/13) Present
Position III Joseph Nicoletti, Board Secretary (12/13) Present
Position IV Rosetta Wangerin, Board Chair (12/13) Present
Position V Bruce Thomas, Member (12/13) Present
Position VI Ardis Knauf (12/16) Present
Position VII Gevin Gregory (12/16) Present
3.APPROVAL OF MINUTES
Joseph Nicoletti/Ardis Knauf-
Motion to approve the February 12, 2013 annual
workshop minutesas presented. The motion passed unanimously.
4.BUSINESS FROM AUDIENCE
None
5.OLD BUSINESS
Removal of Wyffels Park Play Equipment
Jim reported that, per thePark Board’s recommendation in February, the old spider
climber has already been removed and the swing set is scheduled for removal any
day. Rosetta recommended that we replace the “Playground” sign with something
else, like “Play Area” or “Natural Area”.
Community Center/ Aquatic Center Expansion
Jim placed this item on the agenda following the Board’s recommendation in
February. After some discussion, the Board agreed to form a workgroup to meet
outside of the regular Board meetings to discuss the project and determine the
possible level of community support. During the initial meeting, the Board will
determine who else should be invited to participate in the process and may even
request a joint work session with the City Council. Jim will coordinatethe initial
meeting with interested Board members.
6.NEW BUSINESS
Legion Park Pavilion/ Restroom Project
Jim discussed the Legion Park Pavilion/ Restroom project that he and Stu are putting
together for the Local Government Grant Program. Applications are due April 12.
The project is expected to include a new pavilion/ restroom building, landscaping and
Page 1of 4
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CityofWoodburn
CityofWoodburn
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
March 12, 20135:30p.m.
turf improvements, a walking path, and possibly even irrigation ion the vicinity of the
pavilion.
Legion Park Project Letter of Support
Jim presented a letter of support for the Legion Park from the Board for their
consideration. He asked that they authorize Rosetta to sign it on behalf of the Board.
Bruce Thomas/Joseph Nicoletti -
Motion toapprove the Legion Park Project letter
of support and authorize Rosetta to sign the letter on behalf of the Board. The motion
passed unanimously.
7.DIVISION REPORTS
Aquatics – Kristin Wierenga
Finance Review
February Revenue was up 4% from last year & more than doubled ($16,867 v.s.
o
$8,368) from 2 years ago
Februarycost recovery rate was 38%
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YTD cost recovery is currently at 44%
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Upcoming Events
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Zumba Event March 23 from 10am-12pm: Try out all the Zumba classes we
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offer!
Spring Break swimming lessons – each day of break, just $20! (Didn’t offer last
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year)
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Easter Egg Hunt March – 30 Possible Promo Video
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Zumba Sentao starts April with a 6 week session
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Yoga new in April
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Aquatic Child Care new in April
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Marketing
March promo going on now
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30% off bathing suits and rash guards
Friend referrals 20% off for both referred and member who referred
Entry to win free membership with every friend brought to fitness class
Working on special graphic design for all of our marketing materials for
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consistency
Other: New Volunteer
Rene’ Metteer –landscaping & flower gardening.
o
Page 2of 4
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CityofWoodburn
CityofWoodburn
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
March 12, 20135:30p.m.
Looking for plant donations
o
Recreation – Stu Spence
Youth Basketball -
has concluded, up next is T-Ball & Coach Pitch.
Community EdClasses -
18 signed up for dance classes in January and February. 5
kids participated in the first Kids in the Kitchen Cooking Class. Summer plans include
gardening, career development, and photography
Sponsorships -
The City recently received funding for three city programs from
Woodburn Together. Mini-grants in the amount of $1,000 each were awarded to fund
GREAT (Gang Resistance, Education, and Training) Camp, $5 Swim week, and the
Recreation & Aquatic Sponsorship Fund.
Spring Break
- Spring Break Day Camp will be offered this year for eight days in
partnership with the Woodburn School District and the Four Square Church.
Boys & Girls Club
- The Woodburn Boys & Girls Club continues to focus on programs
for teens in Woodburn. They are currently working on plans to develop community
garden plots on site near the Teen Center located inside Settlemier Park.
Stu @ the Pool
- In May, I will begin the transition to the Aquatic Center to cover for
Kristin while she is gone on Maternity Leave. I will be job shadowing all facets of the
job in May/June and be the management presence while she is gone this summer.
WSN Sponsors -
Last year we launched Woodburn Summer Nights, a program that
th
combined the 4 of July event, Music in the Park, and Movies in the Park. Staff then
sought sponsorships for those events grossing over $9,000 in 2012. This year’s total
sponsorships have already reached over $7600.
Egg Hunt
- The annual Woodburn Easter Egg Hunt will take place at Legion Park on
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March 28. The event, with over 5,000 hidden eggs, begins at 5:30pm and is free to the
public.
Dog Treat Hunt
- For the first time, Woodburn is hosting a doggy treat hunt complete
with Easter Dog costume contest. This event will take part at the Woodburn Dog Park
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inside Centennial Park on Friday, March 29 at 5:30pm.
Parks and Facilities – Jim Row
Jim briefly discussed the status of the Legion Park Playground Project,which should be
completed in mid to late May. There was a little discussion about the plans for updating
the Legion Park Master Plan, as well as future events planned for the new greenway trail.
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CityofWoodburn
CityofWoodburn
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
March 12, 20135:30p.m.
8.FUTURE BOARD BUSINESS
9.BOARD COMMENTS
Ardis and Gevin commented that they are interested in seeing the community center
project completed. Bruce commented that the park usage is impressive for this time
of year.
10.ADJOURNMENT
The meeting adjourned at 6:30 PM
___________________________ ________________________________
Joseph Nicoletti, Board Secretary Jim Row, Community Services Director
Date_________________ Date___________________
Page 4of 4
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Agenda Item
March 25, 2013
TO:Honorable Mayor and City Council
FROM:Scott C. Derickson, City Administrator
SUBJECT:
DataVision Communications, LLC Franchise
:
RECOMMENDATION
Adopt the ordinance.
:
BACKGROUND
In 2001, the City granted a 10 year franchise to DataVision Communications, LLC
Franchise to provide telecommunications services. This franchise is not for
providing cable television services but is for utilizing City rights-of-wayto provide
other telecommunications services. For the duration of the existing franchise,
DataVision has complied with all franchise provisions and is currently in good
standing with the City.
DataVision provides a full range of voice communication and data services to
business and residential customers. Voice is provided utilizing VOIP and TDM
technology. Data includes both private data service and Internet connectivity
over a 100% fiber optic network --the clearest and most reliable infrastructure
available today. In addition, DataVision offers its end users whole home and
business monitoring and security, and FiberCloud data storage, backup and
cloud based software services.
:
DISCUSSION
On March 18, 2013 the Assistant City Attorney and I met withJohn Hoffmann, the
manager of DataVision, to discuss finalization of the new franchise. This meeting
was extremely productive and it wasagreed that the new franchise should
reflect the “status quo” since the existing franchise has worked well for both
parties.
The Franchise grants DataVision the right to use the public rights-of-way to
provide telecommunications services. The Franchise term is for a five year
period with an automatic renewal of an additional five yearsunless one of the
parties gives notice of non-renewal.This franchise is not exclusive in that the
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___
16
Honorable Mayor and City Council
March 25, 2013
Page 2
City reserves the right to grant a similarfranchise to other telecommunications
providerspursuant to the requirements of state and federal law.
Highlights of the new franchise include:
The present franchise fee of 7% of DataVision’sgross revenues is
maintained. A minimum annual franchise fee of $1,000 shall be paid for
occupying the right-of-way.
City construction standardsshall apply to all work performed by the
Franchisee in the City rights-of-way.
All wiring and physical improvements placed by the Franchiseein City
rights-of-way shall be placed underground unless the Franchisee obtains
permission from the City.
An emergency clause was added to the ordinance so that the new
franchise can become immediately operational after its formal
acceptance by DataVision.
:
FINANCIAL IMPACT
Franchise fees are an important part of City revenue. During Fiscal Year 2011-
2012, DataVisionpaid $5,237.76to the City under the terms of its franchise.
17
COUNCIL BILL NO. 2920
ORDINANCE NO. 2501
AN ORDINANCEGRANTING A TELECOMMUNICATIONSFRANCHISE TO
DATAVISION COMMUNICATIONS, LLC TO OCCUPY CERTAIN RIGHTS-OF-WAY
WITHIN THE CITY OF WOODBURN AND DECLARING AN EMERGENCY.
Ordinance 2291granted a franchise (“the Existing Franchise”)
WHEREAS,
toDataVision Communications, LLC to operate telecommunications services for
a 5year period within the corporate limits of the City of Woodburn; and
the parties to the Existing Franchise have been negotiating in
WHEREAS,
good faith towards renewal; and
the parties have agreed to a new non-exclusive 5-year
WHEREAS,
franchise with an automatic 5 year renewal;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
.
Section 1.Franchise Grant
A. Subject to the terms and conditions contained herein, the City of
Woodburn does hereby grant to DataVision Communications, LLC (“the
Franchisee”) a telecommunications franchise (“the Franchise”) tolocate its
facilities within the rights-of-way of the City.
B. Such grant is subject to all of the laws and ordinances of the City of
Woodburn and the State of Oregon.
C. The scope of this grant allows the installation of facilities by the
Franchisee in the City’s rights-of-way. Such facilities shall be used bythe
Franchisee to provide telecommunications services consistent with the authority
granted by the FCC. In the event either the location of the Franchisee’s facilities
or the nature of the services provided is proposed for modification, the
Franchisee shall be required to obtain an additional or revised franchise from
the City.
Section 2.Construction Standards.
A. The construction standards of the City of Woodburn, as well as any
other applicable construction standards in existence at the time of the Franchise
Page–Council Bill No. 2920
1
Ordinance No. 2501
18
or hereafter enacted, shall apply to all work performed by the Franchisee in City
rights-of-way.
B. The Franchisee’sfacilities shall not interfere in any way with any of the
City’s communications or other public and city-permitted facilities, including
other franchised facilities, either as installed or during operation. The Franchisee
will compensate the provider of power directly for the cost of power consumed
in support of the Franchisee’s facilities, and shall hold the City completely
harmless from any power cost.
C. The Franchiseeshall locate below the surface of the ground all wiring
and physical improvements within City rights-of-way, unless it is physically
impossible to do so. Placement of any improvements above ground, or on poles
shall only be with the prior review and approval of the City.
D. Where permission is granted by the City to locate the Franchisee’s
facilities upon poles, the Franchiseeshall independently obtain prior written
approval from the owner and/or operator of the poles on which its facilities shall
be placed. Upon request, the Franchisee shall provide copies of such written
approvals for City review.
E. Where permission is granted by the City to locate the Franchisee’s
facilities upon poles, the Franchiseeshall undertake all wiring and physical
improvements required by the owner of each pole to which its facilities are to
be attached. In the case of City-owned poles or fixtures, such work shall be
performed subject to the approval of the City Engineer or his designee.
The franchise fee payable to the City shall be
Section 3. Franchise Fee.
7% (seven percent) of the Franchisee’s gross revenues earned within the
corporate limits of the City. In the event no revenues are earned, but the
Franchisee is actually occupying City rights-of-way, the Franchiseeshall pay a
minimum annual franchise fee of $1,000. Franchise fees shall be payable
quarterly, on or before April 30, July 31, October 31 and January 31, for the
preceding calendar quarter. Suchpayment made by the Franchisee will be
accepted by the City from the Franchisee, as also in payment of any license,
privilege or occupation tax or fee for revenue or regulation, or any permit or
inspection fees or similar charges for street openings, installations, construction or
for any other purpose now or hereafter to be imposed by the City upon the
Franchisee during the term of the Franchise. Payments made more than ten
calendar days beyond the due date shall bear interest at the rate of 9% per
annum.
Page–Council Bill No. 2920
2
Ordinance No. 2501
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The term of the Franchise shall be five (5) years. The
Section 4.Term.
Franchise shall be subject to one automatic renewal on the same terms and
conditions for an additional period of five (5) years unless notice is given by
either party 180 days in advance of the expiration of the Franchise of its
intention to terminate or renegotiate the Franchise.
The grant of Franchise herein is conditioned
Section 5. Acceptance.
upon the Franchisee’s acceptance of all terms and conditions hereof in writing
ina form acceptable to the City.
This ordinance being necessary for the
Section 6. Emergency Clause.
immediate preservation of the public peace, health and safety so that
franchised telecommunications services can continue, an emergency is
declared to exist and this ordinance shall take effect immediately upon
passage and approval by the Mayor.
Approved as to form:
City AttorneyDate
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page–Council Bill No. 2920
3
Ordinance No. 2501
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Agenda Item
March 25, 2013
TO:Honorable Mayor and City Council through City Administrator
FROM:Stu Spence, Recreation Services Manager
SUBJECT:
Oregon State Parks Local Government Grant Application
RECOMMENDATION:
Adopt the resolution.
BACKGROUND:
The Community ServicesDepartment, working through the Recreation and Park
Board, has identified the need to improve Legion Park’s aging picnic pavilion
and restroom facilities.
This project is expected to alsoinclude landscape and turf improvements,an
asphalt walking path andan irrigation system for theturf in the vicinity of the
pavilion/ restroomfacility. Theproject meets the funding criteria for the State’s
Local Government Grant Program, whichrequires a 40% local match of cash,
contributions of materials, and volunteer labor. Oregon State Parks requires that
the City Council approve a resolution supporting the grant application.
DISCUSSION:
The 2009 Parks and RecreationMaster Plan recognizes the need for renovations
to Legion Park and lists it as a priority to be completed in the 2013–2016 planning
horizon. The Recreation and Park Board considers the Legion Park Playground
to be a high priority park development priority for 2013.
Applications are currently being accepted for Oregon State Park’s Local
Government Grant Program. If funded, the Community Services Department
would expect to initiate the project in fall 2013 and complete it during summer
2014.
The Local Government Grant Program awarded the Community Services
Department nearly $45,000 in 2012 to construct a new playground at Legion
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance ___x__
21
Honorable Mayor and City Council
March 25, 2013
Page 2
Park. This project is a continuation of our efforts to rehabilitate Legion Park. The
Local Government Grant program, whichis funded by State Lottery proceeds,
continues to be the strongest source of park development funds available to
the City. This project is expected to be competitive, as the program places a
priority on projects that have a “rehabilitation” focus.
FINANCIAL IMPACT:
This grant program requires a 40% match, which can include in-kind, non-cash,
contributions. The Community Services Department is currently in the process of
developing a budget for this project and will request grant funding in the
amount of 60% of total project costs.The City’s share of matching funds will be
provided through in kind labor and Parks System Development Charges.
22
COUNCIL BILL NO. 2921
RESOLUTION NO. 2027
A RESOLUTION AUTHORIZING APPLICATION FOR A LOCAL GOVERNMENT GRANT
FROM THE OREGON PARKS AND RECREATION DEPARTMENT FOR THE CONSTRUCTION
OF A PICNIC PAVILION WITH RESTROOM FACILITIES, A WALKING PATH AND
LANDSCAPE IMPROVEMENTS AT LEGION PARK
, the Oregon Parks and Recreation Department is accepting
WHEREAS
applications for the Local GovernmentGrant Program; and
, the Department of Community Services desires to participate in
WHEREAS
this grant program to the greatest extent possible as a means of providing
needed parks and recreation improvements and enhancements; and
,the proposed project meets the City’s identified need for
WHEREAS
rehabilitating Legion Park by replacing the obsolete picnic pavilion and
restroom facilities and constructing a walking path and landscape
improvements; and
, the Recreation and ParkBoard, City Council, and staff have
WHEREAS
identified improvements to Legion Parkasahigh priority need in Woodburn; and
, the City of Woodburn’s 2009 Parks and Recreation Master Plan
WHEREAS
recommends improvements to Legion Park; and
, City residents will benefit from the replacement of the existing
WHEREAS
picnic pavilion and restroom facility at Legion Park; and
,the Cityof Woodburn will provide adequate funding for on-
WHEREAS
going operations and maintenance of this facility should grant funds be
awarded;
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
That the City of Woodburn’s Community Services Department is
Section 1.
authorized to apply foraLocal Government Grantfrom the Oregon Parks and
Recreation Department for the Legion Park Pavilion/ Restroomprojectas more
fully described above.
That the City certifies that the required 40% “matching share”
Section 2.
for this grant application is available should this grant be obtained.
Page 1 – COUNCIL BILL NO.2921
RESOLUTION NO.2027
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That the Director of Community Services is authorized to submit
Section 3.
said grant application on behalf of the City.
Approved as to form:
City AttorneyDate
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 2 – COUNCIL BILL NO.2921
RESOLUTION NO.2027
24
Agenda Item
March25, 2013
TO:Honorable Mayor and City Council,Acting as the Local Contract
Review Board,through City Administrator
FROM:Dan Brown, Public Works Director
SUBJECT:
Award of Contract for Street Sweeping Operations
RECOMMENDATION:
That the City Council,acting as the Local Contract Review Board,awarda
contract for providingstreet sweeping operations to Water Truck Services, Inc. of
Wilsonville, Oregon for per year.
$93,996.76
BACKGROUND:
The City of Woodburn has contracted street sweeping operations since July
2008. The current contract option years expire in July 1, 2013. The Public Works
Department issued a Request for Proposals (RFP) on February 15, 2013 and
closed to solicitation on March 7, 2013 for a new contract to commence on July
1, 2013 to ensure no disruption in service.
The City elected in 2008 to contract out for street sweeping services to avoid
costs associated with the following:
Capital expenditure for new sweeper - $180,000.00
Annual maintenance cost for sweeper - $19,000.00
Annual personnel cost savings by reallocating staff - $12,000.00
Actual savings realized exceeded those estimated.
The expiring contract for street sweeping services has been provided by Great
Western Sweeping of Sherwood, Oregonfor $122,000.00 per year. Great
Western Sweeping was one of four firms responding to the RFP.
Agenda Item Review:City Administrator __x____City Attorney ___x___Finance __x___
25
Honorable Mayor and City Council
March 25, 2013
Page 2
DISCUSSION:
Four firms responded to the RFP and are listed below based upon their ranking
by the selection panel:
1.WaterTruck Services, Inc. –Wilsonville, OR
2.Great Western Sweeping –Sherwood, OR
3.Cannon Pacific –San Marcos, CA
4.Rose City Environmental, Inc. –Portland, OR
The Public Works Department appointed a panel of three professional staff
directly associated with the street sweeping operations from an administrative
and regulatory perspective. The panel scored the four responding firms based
upon the criteria established within the RFP. Evaluation and selection was based
upon the following:
1.Qualifications to perform scope of services
2.Prior work experience performing scope of services
3.Demonstrated understanding of the scope of services
4.References from other communities receiving services
5.Fee schedule for providing scope of services
6.Overall best value to the City
Water Truck Services, Inc.received the highest evaluation score and was
selected as the responding firm to be recommended to Council for contract
award.
The recommend contract award is in conformance with public contracting laws
of the State of Oregon as outlined in ORS Chapter 279B and the lawsand
regulations of the City of Woodburn.
FINANCIAL IMPACT:
The contracted street sweeping operational services will be funded from Fund
140, Street Maintenance.
26
Agenda Item
March 25, 2013
TO:Honorable Mayor and City Council through City Administrator
FROM:Jim Row, Community Services Director
SUBJECT:
Transit Vehicle Grant Agreement
RECOMMENDATION:
Authorize the City Administrator to enter into the attachedGrant Agreement
No. 29041 withthe OregonDepartment of Transportation (“ODOT”)for the
purchase of a “category A” heavy duty low-floor transit vehicle in the amount of
$311,250 or 83% of the total project cost, whichever is less.
BACKGROUND:
The TransitDivision has identified the need to replace one of its large transit
vehicles, the 2002 Eldorado, which has outlived its useful life. This vehicle has
156,000 miles and requires frequent repairs. With a seating capacity of only 23
passengers, the Eldoradois the smallest of our full sized transit vehicles. The
other vehicles in our full sized fleet seat 30-35passengers and the new vehicle
will have between 35-40 seats. Our current full sized vehicles are category b
medium duty vehicles, with a useful life of 10 years or 350,000 miles. The new
vehicle will be a “categoryA” heavy duty bus with a useful life of 12 years or
500,000 miles.
DISCUSSION:
This item is consistent with the 2010 Transit Plan, which recommends the
purchase of a new low-floor vehicle. Low-floor vehicles offer several distinct
advantages over standard high-floor buses. First, low-floor buses offer much
faster boarding and de-boarding, especially for the elderly or individuals with a
mobility device. Low-floor buses also facilitate easier boarding for children,
passengers carrying groceries, strollers,and other large loads. Low-floor buses
also have more reliable and easier to operate ramp mechanisms for boarding
and de-boarding passengers in a wheelchair or mobility device. Low-floor buses
also tend to be more “modern” andcanhelpenhance the image of transit in
the community.
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance ___x__
27
Honorable Mayor and City Council
March 25, 2013
Page 2
If thisgrant agreement is authorized, staff will initiate the procurement process
and bring a purchase contract to the Council for approvalin the coming
months.
FINANCIAL IMPACT:
The $311,250ODOTGrant will be matched with $63,750 in local funds. The
required matching funds were accumulated in the Equipment Replacement
Fund, General Capital Construction Fund, and the Transit Fund as follows:
General Capital Construction$18,294
Equipment Replacement$20,000
Transit Fund$25,456
Total Cost$63,750
Expenditure authority to transfer from the Equipment Replacement and General
Capital Construction funds will be included in theproposedFY 2013-2014 transit
budget.
Attachment
ODOT Agreement No. 29041
28
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32
33
34
35
36
37
38
39
40
41
42
43
Agenda Item
March 25, 2013
TO:Mayor and City Council through City Administrator
FROM:Christina Shearer, Finance Director
SUBJECT:
Mt. Angel Fire District Network Support Agreement
RECOMMENDATION:
Authorize the City Administrator to execute an Intergovernmental Agreement
with the Mt. Angel Fire Districtto provide computer and network support.
BACKGROUND:
The Mt. Angel Fire Districtapproached the City requesting a proposal for
network support services. Currently, the City provides network support to several
local governments and districts in the area providing network support,
equipment and software installation.
The proposal is to provide network support services at a set hourly rate with all
equipment, software and peripherals to be provided by the Mt. Angel Fire
District and is consistent with other support agreements already in place with
other jurisdictions. The proposed support will take approximately 5 hours per
month to provide adequate coverage which willbe covered by Information
Services.
FINANCIAL IMPACT:
The agreement would supplement the IS department’s revenue by
approximately $4,500annually, and approximately $1,500this fiscal year.
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___
44
Agreement
Computer and Network Support
This Agreement is made to engage the services of City of Woodburn (“the City”) to provide
Computer and Network Support to the Mt. Angel Fire District (“the District”); and is made under
the authority of ORS 190.003 to 190.110.
In consideration of mutual benefits and obligations herein set forth, the parties agree as follows:
1.Scope of Services
1.1.The City shall provide support for and maintenance of desktop computers,
printers, servers, and any other computer related equipment for the District. All
ownership rights to said equipment shall remain with the District.
1.2.The City will help setup and/or relocate any computer related equipment.
Network drop locations, power receptacle locations, and furniture relocation will
be the responsibility of the District.
1.3.The City will work with hardware and software vendor support to resolve issues.
If items need to be returned to the vendor for support the Districtwill take care of
and pay for any shipping and handling charges.
1.4.The City will not provide any physical hardware but will help make hardware
choice recommendations and work with the Districtto order any necessary
hardware.
1.5.The City will work with the District to backup and maintain the District’s data.
1.6.Support will be provided during normal business hours, 8am – 5pm Monday
through Friday. After-hours support will be available Monday through Friday but
will be limited to 2 calls per month and lasting no more than 2 hours each. If
additional after-hours or weekend support is needed, it will be available on a
mutually agreed upon time frame.
2.Limitations of Services
2.1The City shall, at its sole discretion, select which personnel will provide services
under this Agreement.
Page 1- Agreement/Computer and Network Support
45
2.2The City shall be the sole employer of any and all personnel providing services
under this Agreement. The City reserves the right to prioritize the workload of its
personnel.
3.Fees and Charges
3.1.Services rendered will be charged at $75 per hour (regular hourly rate) and be
based on quarter-hour increments.
3.2.After-hours and weekend support services under this Agreement shall be billed at
a rate of one and one-half (1.5) times the regular hourly rate.
3.3.Time spent traveling will be added to the hourly rate billed, but there will be no
additional travel costs billed.
3.4.Since the City will not be providing any hardware, all hardware costs will be the
responsibility of the District.
4.Billing and Payment
4.1.The hourly charges shall be billed quarterly.
5.Security
5.1.The Citywill use the existing encrypted VPN connection to remotely access the
District’s computers and help troubleshoot and resolve issues.
5.2.The City will not release any of the District’s information unless directed to do so
by the District.
6.Standard of Care/Limitation of Liability
6.1.The Cityassumes no liability for the accuracy of any data on the District’s
network.
6.2.The City agrees that all service under this Agreement will be performed in a
professional manner with the degree of care and skill ordinarily exercised under
similar circumstances by professionals practicing in the State of Oregon.
6.3.The District understands and agrees that the City shall not be liable to the District
Page 2- Agreement/Computer and Network Support
46
for any damage that may occur while the District’s computer system is being
servicedby the City, including liability for indirect, special, exemplary or
consequential damages.
7.Terms and Termination
7.1.This Agreement shall be effective upon execution hereof on behalf of both
parties, and shall continue until terminated as provided in 7.2.
7.2.This Agreement may be terminated by either party upon (30) days written notice.
7.3.Notwithstanding the giving of notice of termination as provided in 7.2, the
Districtshall remain obligated with respect to any unfulfilled financial obligation
which accrued hereunder prior to the effective date of such termination.
8.Communication and Notice
8.1.Any notice in writing required to be given hereunder shall be sufficient if sent by
regular mail or personally delivered to the City Administratorof the City and to
the President of the Fire Boardof theDistrict.
8.2.Each party shall designate, and may change from time to time, a representative for
communication, negotiations, and general liaison with the other concerning the
content, future and administration of this Agreement.
9.Amendments
9.1.This Agreement represents the complete and integrated agreement between the
parties with respect to the subject matter hereof, and may be amended only by
written amendment executed by both parties. As such, this Agreement cancels
and supersedes all prior written and oral agreements, representations,
negotiations, and communications between the parties and their representatives
with respect to the subject matter hereof.
10.Authority to Execute Agreement
10.1The District has the power and authority to enter into this Agreement and to
consummate the transactions contemplated by it. This Agreement has been duly
authorized by all necessary action on the part of the District and no other
corporate or other action on the part of the District is necessary to authorize the
execution and delivery of this Agreement. The officer executing this Agreement
Page 3- Agreement/Computer and Network Support
47
for the District has full authority to do so and thereby to bind the District to its
terms.
IN WITNESS WHEREOF the parties have caused the Agreement to be executed on
behalf by their duly authorized representatives as of the dates set forth below.
City of Woodburn Mt AngelFire District
By: _______________________________ By:_______________________________
Scott C. Derickson, City Administrator Stan Seifer, President
Date: ______________________________ Date: _____________________________
Page 4- Agreement/Computer and Network Support
48
Agenda Item
March 25, 2013
TO:Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Directorof Economic & Development Services
SUBJECT:
Planning Commission approval of Design Review 2013-01, located
at 2720 Newberg Highway (Dutch Bros)
RECOMMENDATION:
No action is recommended. This item is placed before the Council for
information purposes, in compliance with the Woodburn Development
Ordinance. The Council may call up this item for review if it desires.
BACKGROUND:
The applicant requested a Type II Design Review for an 815 square foot coffee
kiosk. The property is zoned Commercial General (CG). Abutting properties are
zoned Commercial General (CG). The property is heavily impacted by the I-5
interchange project and improvements to the Newberg Highway / Evergreen
Road intersection.The Director of Economic and Development Services
approved, subject to conditions of approval.The conditions of approval require
removal of abandoned nonconforming pole signs.
DISCUSSION:
None.
FINANCIAL IMPACT:
This decision is anticipated to have no public sector financial impact.
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x__
49
Honorable Mayor and City Council
March 25, 2013
Page 2
Zoning map
Site plan
50
R
REPUBLIC
SERVICES
Allied Waste is now Republic Services!
Dear customer,
We are pleased to announce our official transition to the Republic Services brand. We are the same local
company, the same dependable people and services you have come to know over the years, just with a
new brand starting now. Republic and its predecessors have been providing solid waste and recycling
services for Northwest communities since the 1930s. When Allied Waste and Republic Services merged
in 2008, the decision was made to transition all divisions in the U.S. to the Republic Services brand.
New WebsiteI
Please bookmark our website, www.RepublicServicesNW.com, give us your feedback and let us know
what we're doing well and where we can improve.
A New Name on Your Invoice
You will receive invoices from Republic Services going forward. If you haven't already, we encourage you
to sign up for online bill pay —to set up your account please go to www.Rei)ublicServicesNW.com and
click on the Quick Link on the right side of the page. NOTE: If you pay your bill with online banking,
please change the Allied Waste name to Republic Services. No other changes needed.
Our customer service representatives are here to answer your questions.
Please call the phone number on your invoice with questions or feedback.
Republic Services is committed to providing exceptional service. Your customer experience is very
important to us. Reliable, friendly and professional —we are proud to be your environmental partner.
Thank you,
The Republic Services Team
2013 Customer Letter— NW Rebrand Notification
2013 Customer Survey
EPUBLIC
SERVICES
We appreciate your taking the time to participate in this survey to let us know
how we can improve your service.
Names & addresses on returned surveys will be entered into a drawing for one
month credit towards garbage service.
q! W1 REPUBLIC
40 SERVICES
Thanks for Responding!
Please return by xxxxxxxxx
Check if you would like more information on:
❑ Garbage Service
❑ Curbside Recycling
❑ Organics
❑ Other
If so, please provide this information: =*
REPUBLIC
SERVICES
To be entered into the drawing for one month credit of garbage
service, please provide the following:
Name:
Service Address:
Mailing Address:
Phone #:
E -mail Address:
Remitto: Republic Services of Marion County, D4456
Woodburn, OR 97071
Recycling Tips:
❖ Did you know that the triangle recycle symbol on plastic items indicates which type of
plastic the material is made from and not that it is approved for curbside recycling? Check
our recycle brochure or website, www.RepubticServicesNW.com for the types of plastic that
can go in your mixed recycle cart
❖ Remove lids from plastic bottle, jugs & jars before recycling. The lid is made from a
different kind of plastic than the container and cannot be recycled.
❖ Rinsing bottles and cans helps to keep the people who handle your recycling healthy.
KF,M
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ITY ALL OUNCIL HAMBERS ONTGOMERY TREET
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
3.ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None.
Appointments:
None.
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
A.Downtown Woodburn Unidos
B.Woodburn School District
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
A.Prescription Drug and Heroin Abuse Awareness Month1
Presentations:
'ERGIPPIH8SFIVIWGLIHYPIH
B.Construction Phases Update
Construction Phases Update
B
.
6.COMMUNICATIONS
None.
–
This allows the public to introduce items for
7.BUSINESS FROM THE PUBLIC
Council consideration not already scheduled on the agenda.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-2485.**
March 25, 2013
Council Agenda Pagei
–Items listed on the consent agenda are considered
8.CONSENT AGENDA
routine and may be adopted by one motion. Any item may be removed
for discussion at the request of a Council member.
A.Woodburn City Council minutes of March 11, 20132
Recommended Action: Approve the minutes.
B.Woodburn Planning Commission minutes of February 28, 20134
Recommended Action:Accept the minutes.
C.Woodburn Recreation and Park Board minutes of March 12, 8
2013
Recommended Action: Accept the minutes.
D.Crime Statistics through February 201312
Recommended Action: Receive the report.
9.TABLED BUSINESS
None.
10.PUBLIC HEARINGS
A.DataVisionTelecommunications Franchise Agreement16
–Members of the public wishing to comment on items of
11.GENERAL BUSINESS
general business must complete and submit a speaker’s card to the City
Recorder prior to commencing this portion of the Council’s agenda.
Comment time may be limited by Mayoral prerogative.
A.Council Bill No.2920-An Ordinance Granting a 18
Telecommunications Franchise to Datavision Communications,
LLC to Occupy Certain Rights-of-Waywithin the City of
Woodburn and Declaring an Emergency
Adopt the ordinance.
Recommended Action:
B.21
-
Council Bill No.2921A Resolution AuthorizingApplicationfor a
Local Government Grant from the Oregon Parks and Recreation
Department for the Construction of a Picnic Pavilion with
Restroom Facilities, a Walking Path and Landscape
Improvements at Legion Park
Recommended Action:Adopt theresolution.
C.Award of Contract for Street Sweeping Operations25
March 25, 2013
Council Agenda Page ii
Recommended Action:That the City Council, acting as the
Local Contract Review Board, award a contract for providing
street sweeping operations to Water Truck Services, Inc. of
Wilsonville, Oregon for per year.
$93,996.76
D.Transit Vehicle Grant Agreement27
Recommended Action:Authorize the City Administrator to enter
into the enclosed Grant Agreement No. 29041 with the Oregon
Department of Transportation (“ODOT”) for the purchase of a
“category A” heavy duty low-floor transit vehicle in the amount
of $311,250 or 83% of the total project cost, whichever is less.
E.Mt. Angel Fire District Network Support Agreement44
Recommended Action:Authorize the City Administrator to
execute an Intergovernmental Agreement with the Mt. Angel
Fire District to provide computer and network support.
–
These
12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
are Planning Commission or Administrative Land Use actions thatmay be
called up by the City Council.
A.Planning Commission approval of Design Review 2013-01,49
located at 2720 Newberg Highway (Dutch Bros)
Recommended Action:No action is recommended. This item is
placed before the Council for information purposes, in
compliance with the Woodburn Development Ordinance. The
Council may call up this item for review if it desires.
13.CITY ADMINISTRATOR’S REPORT
14.MAYOR AND COUNCIL REPORTS
15.ADJOURNMENT
March 25, 2013
Council Agenda Page iii