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March 9, 2015 Agenda KF,M CW ATHRYN IGLEYAYOR ITY OF OODBURN TAL,CW1 ERESA LONSO EONOUNCILOR ARD LE,CWII ISA LLSWORTHOUNCILOR ARD CCA RC,CWIII ITYOUNCILGENDA OBERT ARNEYOUNCILOR ARD SS,CWIV HARON CHAUBOUNCILOR ARD FL,CWV RANK ONERGANOUNCILOR ARD M9,2015–7:00.. ARCHPM EM,CWVI RIC ORRISOUNCILOR ARD CHCC–270MS ITY ALL OUNCIL HAMBERS ONTGOMERY TREET 1.CALL TO ORDER AND FLAG SALUTE 2.ROLL CALL 3.ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. Appointments: A.UGBMediation Team1 4.COMMUNITY/GOVERNMENT ORGANIZATIONS A.Woodburn Chamber of Commerce B.Woodburn School District 5.PROCLAMATIONS/PRESENTATIONS Proclamations: A.Mayors Day of Recognition for National Service2 Presentations: None. 6.COMMUNICATIONS . None – This allows the public to introduce items for Council 7.BUSINESS FROM THE PUBLIC consideration not already scheduled on the agenda. –Items listed on the consent agenda are considered routine 8.CONSENT AGENDA and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at503-980- 6318at least 24 hours prior to this meeting. **Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo. Comuníquese al (503) 980-2485.** March9, 2015Council Agenda Page i A.Woodburn City Council minutes of February 23, 20153 Recommended Action: Approve the minutes. B.2015 OLCC Renewals5 Recommended Action:That the Woodburn City Council recommend to the Oregon Liquor Control Commission (OLCC) the renewal of the liquor licenses for the businesses listed below for the year 2015. C.Building Activity for February 20157 Recommended Action:Receive the report. 9.TABLED BUSINESS None. 10.PUBLIC HEARINGS A.2014-2015 Supplemental Budget Request8 –Members of the public wishing to comment on items of general 11.GENERAL BUSINESS 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. 2976-A Resolution Approving Transfers of FY 10 2014-2015 Appropriations and Approving a Supplemental Budget Recommended Action:Hold a public hearing and adopt the attached resolution approving a supplemental budget for fiscal year 2014-2015 for the funds and departments listed on Exhibit A. B.Council Bill No.2977-A Resolution Waiving Ordinance 2312 13 (The Noise Ordinance) for Construction Activity Associated with the Highway 99E-Young Street Waterline Relocation Project Recommended Action:Adopt the attached resolution waving the City Noise Ordinance for the construction activities associated with the Highway 99E-Young Street Waterline Relocation Project. C.REDFLEX Contract Extension Amendment17 Recommended Action:It is recommended the City Council authorize the City Administrator to sign the attached Contract Amendment exercising the first extension of the agreement with REDFLEX Traffic Systems, Inc. to provide Red Light Photo Enforcement Services to the City of Woodburn. March 9, 2015Council Agenda Page ii D.Award of Construction Contract for Highway 99E –Young19 Street Waterline Relocation, Bid No 2015-05. Recommended Action:That the City Council, acting in its capacity as the Local Contract Review Board, award the construction contract for the Highway 99E –Young Street Waterline Relocation project to M.L. Houck Construcion Co. in the amount of $115,037.00. E.Acceptance of two Public Utility Easements within the Red 21 Robin Development at 3060 Sprague Lane, Woodburn, OR 97071 (Tax Lot 052W12B 01000) Recommended Action:That Council accepts the Public Utility Easements for City water facilities granted by DDG Woodburn Two, LLC, property owner of 3060 Sprague Lane, Woodburn, OR 97071 (Tax Lot 052W12B 01000). – These are 12.PLANNING COMMISSION OR ADMINISTRATIVE LANDUSE ACTIONS Planning Commission or Administrative Land Use actions that may be called up by the City Council. None. 13.CITY ADMINISTRATOR’S REPORT 14.MAYOR AND COUNCIL REPORTS 15.EXECUTIVE SESSION To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (2)(h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2)(f). 16.ADJOURNMENT March 9, 2015Council Agenda Page iii Agenda Item March 4, 2015 TO:City Council FROM:Kathy Figley, Mayor SUBJECT: UGB Mediation Team The following appointments to Woodburn’s Urban Growth Boundary Mediation Team are made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, March 9, 2015.At its July 14, 2014 meeting during Urban Growth Boundary discussion on mediation and legislation the Council appointed the Mayor and Former Council President McCallum to the team. I’m asking that former Councilor McCallum be included on the mediation team. Mediation is scheduled for March 30, 2015.No reply is required if you approve of my decision. Mayor Kathryn Figley Council President Frank Lonergan Former Council President Peter McCallum 1 2 COUNCIL MEETING MINUTES FEBRUARY 23, 2015 DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY 0:00 OF MARION, STATE OF OREGON, FEBRUARY 23, 2015 CONVENED The meeting convened at 7:01 p.m. with Mayor Figley presiding. ROLL CALL Mayor FigleyPresent Councilor CarneyPresent Councilor LonerganPresent Councilor Schaub Present Councilor Morris Present Councilor Ellsworth Present Councilor Alonso Leon Absent Staff Present: Assistant City Administrator Row, City Attorney Shields, Finance Director Head, Police Chief Russell, Economic and Development Director Hendryx, Public Works Director Scott,Captain Garrett,Human Resources Director Hereford, Communications Coordinator Horton, City Recorder Pierson CONSENT AGENDA 0:03 A. Woodburn City Council minutes of February 9, 2015, B. Crime Statistics through January 2015 Lonergan/Ellsworth ... adopt the Consent Agenda. The motion passed unanimously. WORKSHOP 0:04 Mayor Figley opened the workshop at 7:05 p.m. to discuss Medical Marijuana Dispensaries regulation and a proposed ordinance. City Attorney Shields provided a staff report. Council members asked questions and provided comments and direction periodically throughout the workshop. Frank Comer of Woodburn stated that he is concerned with edibles and would like to seethe Cityconstrain the use or sale of edibles if possible. Bruce of Woodburn, asked where dispensaries get there marijuana and Police Chief Russell answered that they get it from an Oregon Medical Marijuana Program grower. Mayor Figleythanked staff for their presentation and closed the workshop at 8:32 p.m. COUNCIL BILL NO. 2975 –AN ORDINANCE ADOPTING A MEDICAL 1:31 MARIJUANA PERMIT PROCESS; IMPOSING REGULATIONS ON THE OPERATION OF MEDICAL MARIJUANA FACILITIES; AND DECLARING AN EMERGENCYLonergan introduced Council Bill No. 2975. Recorder Pierson read the two readings of the bill by title only since there were no objections from the Council. Councilor Lonergan stated that he appreciates the effort of staff and thinks it’s a good start. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2975 duly passed. Page 1 - Council Meeting Minutes, February 23, 2015 3 COUNCIL MEETING MINUTES FEBRUARY 23, 2015 CITY ADMINISTRATOR’S REPORT 1:44 AssistantCity Administrator Row had nothing to report. MAYOR AND COUNCIL REPORTS 1:35 Mayor Figley congratulated Councilor Ellsworth on the successful Relay for Life kick-off and that she was inspired to start a team and invited other Councilors to join. She added that she is going to invite the elected bodies of neighboring communities to join as well. Councilor Ellsworth thanked the Mayor for coming to the kick-off and stated that Woodburn is just shy of reaching the million dollar mark and her goal this year is to reach that amount. Councilor Schaub stated that she was also inspired at the kick-off and announced that she will be an active member of the Mayors team. ADJOURNMENT 1:41 Lonergan/Morris … meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:40 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson,City Recorder City of Woodburn, Oregon Page 2 - Council Meeting Minutes, February 23, 2015 4 Agenda Item March 9, 2015 TO:Honorable Mayor and City Council through City Administrator THRU: Scott Russell, Chief of Police FROM:Jason R. Alexander, Captain SUBJECT: 2015 OLCC Renewal RECOMMENDATION: That the Woodburn City Council recommend to the Oregon Liquor Control Commission (OLCC) the renewal of theliquor licenses for the businesses listed below for the year 2015. BACKGROUND: Annually the police department reviews activities occurring at or in the vicinity of all licensed liquor establishments in Woodburn. Through the established guidelines and procedures, the City Council ensures equitable and consistent treatment of liquor license applications. The following liquor license applications were reviewed in accordance with police department standards and are recommended for approval: Off Premise Sales: 7-Eleven A&J Market BI-Mart CorpC and M Market Crossroads Grocery & DeliDel Sol Market EZ Stop Grocery & DeliWoodburn Stop N Go Sunrise Food Mart and Deli Young Street Market La Azteca New Am/PM Pipers JewelrySip Wine and Bistro Safeway Store #1976Carniceria El Ranchito Tienda GuatemalaWalgreens WalMart SupercenterWoodburn Market Woodburn Fast Serve INCDel Sol Market Woodburn Mega FoodsSenior Estates Golf Course Valley Pacific FloristFin De Semana Meat Market Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___ 5 Honorable Mayor and City Council March 9, 2015 Page 2 Tienda Mexicana Full On Premise Sales: Chu’s EateryThe Raven Inn Monte Carlos Sports BarDenny’s At Woodburn Eagles LodgeElks Lodge Elmer’ RestaurantMonte Carlos Sports Bar Los Cabos Mexican RestaurantLupita’s Mariscos El SarandeadoOGA Members Course Rumor’s Bar and GrillTrapala The End ZoneYun Wah Casa Marques MexicanGrillEl Tule Taqueria Legaria’s Bar and Grill Limited On-Premise Sale: 7 Mares RestaurantAbby’s Pizza Inn of Woodburn El Agave GrillDEDE’s Deli Los Laureles TaqueriaMariscos El Sarandeado Pizza Hut Woodburn Lanes Shari’s of WoodburnLos Laureles Taqueria Caniceria Y Restaurant La PerlaFresca’s Mexican Grill Cottage Kitchen Senior EstatesSora Sushi Restaurant Taqueria Las Palmas DISCUSSION: The Police Department has completed a background investigation, in connection withthe OLCC,on the businessesand found nothing that would disqualify or preclude the renewal of these licenses. FINANCIAL IMPACT: None. 6 7 Agenda Item March 9, 2015 TO:Honorable Mayor and Councilthrough City Administrator FROM:Sarah Head, Finance Director SUBJECT: 2014-2015 Supplemental Budget Request RECOMMENDATION: Hold a public hearing and adoptthe attached resolution approving a supplemental budget for fiscal year 2014-2015 for the funds and departments listed on Exhibit A. SUPPLEMENTAL BUDGETS GENERALLY: Every year, after the budget is adopted by Council, circumstances and events arise that were either unforeseen or not quantifiable at the time the budget was prepared and adopted. In addition, supplemental budgets can be used to correct errors or oversights. Oregon Budget Law provides for changes to adopted budgets through a supplemental budget process that requires that the City provide public notice of the proposed changes and, if the change is greater than 10% of any fund’s total expenditures, hold a public hearing to discuss the proposed changes and accept public testimony on the changes. Staff provided the required public notice via the Woodburn Independentand the hearing will be held at the Council meeting on the 8prior to consideration of the resolution. th Like the adopted budget, supplemental budget requests must be balanced; in other words, net revenue and net expense for the request must be equal. This can be accomplished by budgeting additional revenue, or by reducing another expenditure category (such as contingencies). Agenda Item Review: City Administrator ___x___City Attorney __x____Finance ___x____ 8 Honorable Mayor and City Council March 9, 2015 Page 2 DETAIL OF THIS REQUEST This supplemental budget request includes a variety of items that have come up during the year. General Fund:Court Department The Court revenue and expense will be increased $30,000 to reflect the increase in citation volume. General Fund: Recreation Department The Recreation revenue will be increased $20,000 to reflect sponsorship revenue expected this year and expense will be increased $30,000 to reflect the expenditures during this fiscal year. The change in Fiesta oversight did not occur until after the current year budget was adopted. General Fund: Administration Department The Administration expense will be increased $5,000 to cover wages and benefits pending future Council action. Sewer Capital Construction Fund & Water Capital Construction Fund The Sewer Cap Construction Fund will transfer $53,000 to the Water Cap ConstructionFund to complete a transfer requested in the supplemental budget of November 22, 2010 for interest on a loan. The original loan was settled, but this interest payment remains as a liability for the Sewer Cap Construction Fund in the audited financial statements and needs to be paid. Current year authorization is required to process the transfer. Information Services Fund: Materials & Services The Information Services Fund has requested an increase of $5,700 in Capital Outlay, with an offsetting decrease in Materials & Services. This is budget neutral request to prevent Capital Outlay from being over budget. FINANCIAL IMPACT: Exhibit A displays the supplemental budget as posted in the newspaper. 9 COUNCIL BILL NO. 2976 RESOLUTION NO. 2056 A RESOLUTION APPROVING TRANSFERS OF FY 2014-2015APPROPRIATIONS AND APPROVING A SUPPLEMENTAL BUDGET ORS294.463(1) permits “transfers of appropriations” within any WHEREAS, fund “when authorized by official resolution or ordinance of the governing body”; and ORS294.463(2) limits “transfers of general operating contingency WHEREAS, appropriations to no more than fifteen (15) percent of the total appropriations of the fund” unless adopted pursuant to a supplemental budget;and transfers made pursuant to any of the above must state the need WHEREAS, for the transfer, the purpose for the authorized expenditure, and the amount of the appropriation transferred; and ORS294.471(1)(a) permits supplemental budgets when “an WHEREAS, occurrence of condition which had not been ascertained at the time of the preparation of a budget for the current year or current budget period which requires a change in financial planning”; and ORS294.473requires the governing body to hold a public WHEREAS, hearing on the supplemental budget when the estimated expenditures contained in the supplemental budget for fiscal year or budget period differ by (10) percent or more of any one of the individual funds contained in the regular budget for that fiscal year; and the transfers contained herein are made pursuant to ORS WHEREAS, 294.463; and the supplemental budgetcontained hereinis made pursuant to WHEREAS, ORS 294.471; and a public hearing was heldMarch 9, 2015onthe supplemental WHEREAS, budget changes, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: That pursuant to the applicable ORS provisions cited above, the Section 1. City Council hereby approves the transfers of appropriations and supplemental budget for FY 2014-15 in the amounts listed in Exhibit “A.” Page 1 – COUNCIL BILL NO. 2976 RESOLUTION NO. 2056 10 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. 2976 RESOLUTION NO. 2056 11 Exhibit A City of Woodburn 2014-2015 Supplemental Budget March 9, 2015 NOTICE A public hearing on a proposed supplemental budget for the City of Woodburn, Marion County, State of Oregon, for the fiscal year July 1, 2014 to June 30, 2015 will be held at the City of Woodburn City Hall, 270 Montgomery St Woodburn, Oregon 97071. The hearing will take place March 9, 2015 at 7:00 pm. The purpose of the hearing is to discuss the supplemental budget with interested persons. A copy of the supplemental budget document may be inspected or obtained on or after March 2, 2015 at the City of Woodburn City Hall, 270 Montgomery St Woodburn, Oregon 97071, between the hours of 8:00 am and 5:00 pm. SUMMARY OF PROPOSED BUDGET CHANGES AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED General Fund ResourceOriginalSupplemRevisedRequirementOriginalSupplemRevised 1Court 129,33730,000159,3371Court129,33730,000159,337 2Recreation375,76220,000395,7622Recreation (Fiesta)375,76230,000405,762 3Administration203,0115,000208,011 3Contingency2,292,214(15,000)2,277,214 Revised Total Fund ResourcesRevised Total Fund Requirements 15,470,74915,470,749 Comments: Increased revenue & expense for red light camera and Fiesta, personnel costs for Admin Sewer Cap Const Fund ResourceOriginalSupplemRevisedRequirementOriginalSupplemRevised 11Transfers Out-53,00053,000 22Contingency6,018,000(53,000)5,965,000 Revised Total Fund ResourcesRevised Total Fund Requirements 11,389,25011,389,250 Comments: Transfer out for interest payment on interfund loan Water Cap Const Fund ResourceOriginalSupplemRevisedRequirementOriginalSupplemRevised 1Transfers In164,22153,000217,2211Contingency1,349,22153,0001,402,221 22 Revised Total Fund ResourcesRevised Total Fund Requirements 2,612,2212,612,221 Comments: Receipt of transfer for interest payment on interfund loan Information Services Fund ResourceOriginalSupplemRevisedRequirementOriginalSupplemRevised 11Materials & Services418,735(5,700)413,035 22Capital Outlay87,5295,70093,229 Revised Total Fund ResourcesRevised Total Fund Requirements 890,088890,088 Comments: Transfer for additional capital outlay Building Fund ResourceOriginalSupplemRevisedRequirementOriginalSupplemRevised 1Intergovernmental152,888150,000302,8881Materials & Services270,251170,000440,251 22Contingency286,015(20,000)266,015 Revised Total Fund ResourcesRevised Total Fund Requirements 1,158,9301,158,930 Comments: Increased volume - increased revenue, Construction Excise Tax, and professional services 12 Agenda Item March 9, 2015 TO:Honorable Mayor and City Council through City Administrator FROM:Randy Scott, Public Works Director SUBJECT: Resolution Waiving Application of the Noise Ordinance-Highway 99E- Young Street Waterline Relocation Project, Bid No 2015-05. RECOMMENDATION: Adopt the attached resolution waving the City Noise Ordinance for the construction activities associated with the Highway 99E-Young Street Waterline RelocationProject. BACKGROUND: The Oregon Department of Transportation (ODOT) has issued Construction Permit 03M 43347totheCity of Woodburn for installation of the WaterlineRelocation Project. Project elements of the installation of the waterline through the intersection will involve encroaching into existing traffic lanes, reducing traffic lanes and stopping traffic. The permit issued by ODOT requires thatthis typeof workimpacting existing trafficbe performed during the night. Work hoursper the permit are 7:00 pm to 5:00 am Sunday through Thursday. The contract documents for the project require the project to be substantially completed by May 21, 2015. Not all the work activities will be done at night, only those activities that will impact traffic. DISCUSSION: Ordinance 2312, the Woodburn Noise Ordinance, was enacted to protect, preserve, and promote the health, safety and welfare of the residents of the City of Woodburn through the reduction, control and prevention of loud noise. General constructionactivitybased on noise decibel levels wouldnot be permitted between the hours of 9:00 pmand7:00 amunder the current noise Ordinance. The Ordinancedoes provide flexibility as related to construction Agenda Item Review:City Administrator __x___City Attorney __x____Finance __x___ 13 Honorable Mayor and City Council March 9, 2015 Page 2 activities by allowing the City Administrator to administrativelyauthorize constructionactivity within those restrictedhours for a period not to exceed 10 days. This project will exceed the 10day period,the approvalof the attached resolution is required to waive the requirements. The Oregon Department of Transportation has been granted a waiver to the noise Ordinance 2312 for the Pacific Highway 99E and Young Street Intersection Improvement Project by Resolution No. 2053, adopted August 11, 2014.The waiver period is June 1, 2015 to November 30, 2015. The project limits for the waterline projecton Young Streetbasically extend from Elm Street to George Street with a majority of adjacent uses to the project being commercial, however some residential uses may be impacted at both the west and east end of the project. Staff will notify all residences and businesses in the immediate area that could be affected by the noise. FINANCIAL IMPACT: There is no financial impactto the city budget by approval of this resolution. 14 COUNCIL BILL NO.2977 RESOLUTION NO. 2057 A RESOLUTION WAIVING ORDINANCE 2312 (THENOISE ORDINANCE) FOR CONSTRUCTION ACTIVITY ASSOCIATEDWITH THE HIGHWAY 99E-YOUNG STREET WATERLINE RELOCATION PROJECT City of Woodburn Ordinance 2312 was enacted to protect, WHEREAS, preserve, and promote the health, safety, and welfare of the residents of the City of Woodburn through the reduction, control, and prevention of loud raucous noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity; and the City of Woodburn (“the City”) has been issued a permit by WHEREAS, the Oregon Department of Transportation (“ODOT”)for the Highway 99E–Young Street Waterline Relocation Project;and the construction permit issued to the City by ODOT for the project WHEREAS, requires that the work that would impact traffic lanes be performed at night; and compliance with the ordinance would prohibit nighttime WHEREAS, construction activities on the project; and prohibition of nighttime work would contribute to higher levels of WHEREAS, daily traffic congestion that could pose a public safety risk; and the Woodburn City Council has determined that it is necessary WHEREAS, to waive the requirements of Ordinance 2312to facilitate the construction activities needed for the project; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: The City Council waives the application of Ordinance 2312 so Section 1. that construction activities can occur at night related to the Highway 99E and Young Street Waterline Relocation Projectfrom March 15, 2015 until June 1, 2015. Approved as to Form: City AttorneyDate APPROVED: Kathryn Figley, Mayor Page 1 – COUNCIL BILL NO. 2977 RESOLUTION NO. 2057 15 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. 2977 RESOLUTION NO. 2057 16 Agenda Item March 9, 2015 TO:Mayor and City Council through City Administrator FROM:Scott D. Russell, Chief of Police SUBJECT: REDFLEX Contract Extension Amendment RECOMMENDATION: It is recommended the City Council authorize the City Administrator to sign the attached Contract Amendment exercising the first extension of the agreement with REDFLEX Traffic Systems, Inc. to provide Red Light Photo Enforcement Services to the City of Woodburn. BACKGROUND: In 2010 the City entered into an Agreement with Redflex Traffic Systems, Inc. to provide Red Light Photo Enforcement Services to the City of Woodburn. The initial term of agreement expires on June 30, 2015.The City has the right to renew the Agreement for an additional one (1) year period at its discretion; and Staff advises that it is in the City's interestto exercise therenewal option. DISCUSSION: REDFLEX Traffic Systems Inc. has provided Red Light Photo Enforcement Services under contract to the City of Woodburn since 2010. This currently includes one (1) set of equipment located at the intersection of State Hwy. 99E and State Hwy. 211/Mt. Hood Ave. The City and REDFLEX have enjoyed a professional working relationship andREDFLEX has provided exceptional service under contract. City Staff recommends Council extend the existing contract for another year. FINANCIAL IMPACT: Contract terms remain unchanged and REDFLEX receives a portion of fines collected from violations captured by the system. There is no direct cost to the City Budget. Agenda Item Review:City Administrator ___x___City Attorney __x____Finance _x____ 17 FIRST EXTENSION OF THE AGREEMENT WITH REDFLEX TRAFFIC SYSTEMS, INC. TO PROVIDE RED LIGHT PHOTO ENFORCEMENT SERVICESTO THE CITY OF WOODBURN, OREGON totheAgreement withRedflexTrafficSystems, Inc.to THISAMENDMENT provide RedLightPhotoEnforcementServicestotheCityofWoodburn, Oregonisentered intobyandbetween theCityofWoodburn, Oregon(the ("Redflex")(collectivelyreferredtoas "City"),andRedflexTrafficSystems,Inc. the"Parties") A. In 2010 the Parties entered into an Agreement (the "Agreement") with Redflex Traffic Systems, Inc. to provide Red Light Photo Enforcement Services to the City of Woodburn, Oregon; and B.The Agreement expires on June 30, 2015; and C.The City has the right to renew the Agreement for an additional one (1) year period at its discretion; and D.The City has determined that it is in the City's interest to exercise its renewal option; , in consideration of the mutual covenantsand agreements set NOW THEREFORE forth herein: 1.Pursuant to Article II, Section 2, the City exercises its option to extend the Agreement until June 30, 2016. CITY OF WOODBURN: REDFLEX TRAFFIC SYSTEMS, INC.: By: By: Scott Derickson,City Administrator Title: Date: Date: FIRSTEXTENSIONOFREDFLEXAGREEMENT 18 Agenda Item March 9, 2015 TO:Honorable Mayor and City Council through City Administrator FROM:Randy Scott, Public Works Director SUBJECT: Award of Construction Contract for Highway 99E – Young Street Waterline Relocation, Bid No 2015-05. RECOMMENDATION: That the City Council, acting in its capacity as the Local Contract Review Board, awardthe construction contract for the Highway 99E –Young Street Waterline project to M.L. Houck Construcion Co. inthe amount of Relocation $115,037.00. BACKGROUND: The contract involves the replacement of an existing 8 inch diameter waterline pipe withapproximately 300 lineal feet12 inch ductile iron waterline pipethrough east/west alignment of the intersection of Highway 99E & Young Street. The project is being driven bytwo factors, thefirst being the requirement to relocate portions of the existing waterline due to conflicts with elements of the Oregon Department of Transportation OR99E/Young Street Intersection Improvement Project, which is scheduled to be advertised forbid this spring; secondly, to increase capacity ofthe water systemin this area. The Projectwasidentified in the Capital Construction Projects of the adopted budget for fiscal year 2014/15. Bids were publically opened on February 24, 2015.Six (6) bids were received, opened and recorded as follows: M.L. Houck Construction Co.$115,037.00 Jesse Rodriguez Construction$145,000.00 Trench Line Excavating Inc.$149,330.00 Valley Pacific Construction$164,470.00 GT Excavating, LLC $164,555.50 Agenda Item Review:City Administrator __x____City Attorney ___x___Finance ___x__ 19 Honorable Mayor and City Council March 9, 2015 Page 2 Pacific Rim Construction Non-Responsive The Engineer's Estimate $103,100.00 The recommended award is 11% abovethe Engineer’s estimate. DISCUSSION: The bid submitted by Pacific Rim Constructionwas deemed Non-Responsive for failure to include the bid bondinthe submitted bid, nor submitting the first tier subcontractor’sdisclosure form within two hours of the bid opening, both being required by the bid documentsand public contracting law. The contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter279C and the laws, regulations of the City of Woodburn, therefore, staff is recommending the contract be awarded. FINANCIAL IMPACT: The subjectproject wasidentified in the adoptedfiscal year 2014/15Budget, and will be funded by using the Water Capital Construction Fund, 466.611.9531.5634 in the amount of $115,037. Project accounting code CDWA1463. 20 Agenda Item March 9, 2015 TO:Honorable Mayor and City Council through City Administrator FROM:Randy Scott,Public Works Director SUBJECT: Acceptance of two Public Utility Easements within the Red Robin Development at 3060 Sprague Lane, Woodburn, OR 97071 (Tax Lot 052W12B 01000) RECOMMENDATION: That Council acceptsthePublic Utility Easements for City water facilities granted byDDG Woodburn Two, LLC, property ownerof 3060 Sprague Lane, Woodburn, OR 97071(). Tax Lot 052W12B 01000 BACKGROUND: A permanent public waterline easement was required as a Public Works conditionof building permit B14-369. This waterline easement will completea looped City water main within the Arney Retail Center, providing better water distributionandwater quality. DISCUSSION: The two Public Utility Easements include a 16.0 foot wide Waterline Easement that is located along the northerly portion of the property that is essential for completing a looped waterline system, and a 13.11 foot by 14.00 foot waterline easement at the southerly portion of the property for a fire vault. Both easements provide a permanent easementand right-of-way to construct, reconstruct, operate, and maintain Water Mains, Service Lines and Appurtenances. FINANCIAL IMPACT: There is no cost to the City for acceptance of this Public Utility Easement. ATTACHMENTS ACopy of the properly signed public utility easement document is attached. Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x__ 21 22 23 24 25 26