Loading...
Agenda - 03/13/2000 CITY CO(_IDICIL A GEIYDA A4ARCH 13, 2000 - 7:00 p./vl. 270/Vlontgomery Street * Woodbum, Oregon Se GAL1. TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS A. Public Hearing: March 27, 2000 - 7:00 p.m. at City Hall: Local Law ~nforcement Block Grant B. Friends of the Library Book Sale: Pre Sale-Thursday, March 16, 5:00 - 7:00 pm - $3.00 admission Friday & Saturday, March 17 & 18 - 10:00 am - 4:00 pm Ce Woodburn Public Library Programs: March 16, 2000 at 7:00 p.m. at City Hall - "Live at the Library" by garden designer and author Barbara Ashmun March 26, 2000 - 2:00 p.m. at City Hall - "Bridge Stories", by Sharon Wood Wortman, Portland author. PRESENTATIONS/PROCLAMATIONS A. Human Rights Commission Award to Joan Garren. B. Proclamation: Media Democracy Week - March 19 - 25, 2000 .......... 4B COMMITTEE REPORTS A. Chamber of Commerce. B. Woodburn Downtown Association. C. Woodburn School District. D. Livability Task Force. COMMUNICATIONS BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Council minutes of February 28, 2000 regular & executive meetings .... 8A B. Planning Commission minutes of February 24, 2000 ................. 8B Building Activity Report for February 2000 ......................... 8C Claims for the month of February 2000 ........................... 8D Letter of support for passenger train service feasibility study .......... 8E PUBLIC HEARINGS Page 1 - Council Agenda of March 13, 2000. 10. 11. 12. 13. 14. 15. 16. 17. TABLED BUSINESS GENERAL BUSINESS Be Council Bill No. 2030 - Resolution entering into a grant with the State of Oregon for public transportation capital assistance funds ............ 1 IA Co Council Bill No. 2031 - Resolution entering into Amendment No. 2 to Water/Wastewater Financing Program financial assistance contract ... liB Council Bill No. 2032 - Resolution entering into Amendment No. 2 to Special Public Works Fund financial assistance contract ............. 11C D. Council Bill No. 2033 - Resolution entering into an agreement with DeHaas & Associates for engineering consulting services for E. Hardcasfle Avenue improvements ............................................... 11D E. Compensation package for Assistant City Engineer ................. 11E F. Bid award for Library self-checkout system ....................... llF G. Bid award for purchase of storm drain pipe ....................... 11G H. Rejection of bids for purchase of used pickup ..................... 1 IH I. Liquor license application - Cigarettes-N-More ...................... 11I J. Liquor license application - Big Kmart ............................. 11J K. Presentation by Councilor Pugh concerning MWACT. L. Discussion and direction to staff concerning I-5 Woodburn Interchange Refinement Study. PUBLIC COMMENT NEW BUSINESS SITE PLAN ACTIONS CITY ADMINISTRATOR'S REPORT MAYOR AND COUNCIL REPORTS EXECUTIVE SESSION (A) To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(1)(d); (B) To consult with counsel concerning the legal rights and duties of a public body with regard to current lifigaton or litgafion likely to be filed pursuant to ORS 192.660(1)(h); (C) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(0 18. ADJOURNMENT Page 2 - Council Agenda of March 13, 2000. MEMO 11G TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager ~ Bid Award for Storm Sewer Pipe March 10, 2000 RECOMMENDATION: Award City of Woodburn Bid number 20-15 for ductile iron pipe to Pacific States Cast Iron Pipe Company for $10,303.20. BACKGROUND: City of Woodburn Bid number 96-17 was opened and read at 2:00 p.m. on March 9, 2000. The bid was for 648 feet often inch and 324 feet of eight inch ductile iron water pipe. The results were: Bidder Pacific States Cast Iron Pipe United Pipe and Supply US Filters Amount $10,303.20 $10,915.56 $11,224.48 This pipe will be utilized for the installation of a subsurface storm water drainage system on Settlemier Avenue between Oak Street and Settlemier Park. This purchase will assist in completion of this project prior to Settlemier Avenue resurfacing. 4B CITY OF WOODBURN 270 Montgomery Street · Woodbum, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 PROCLAMATION MEDIA DEMOCRACY WEEK MARCH 19 - 25,2000 Whereas, democracy is the foundation of our society and in order for democracy to flourish, people must be able to communicate ideas, share opinions and get information; and Whereas, a healthy, democratic society is founded on an engaged, informed and included citizenry; and Whereas, the primary means of information delivery and exchange today is through electronic media; and Whereas, Public, Educational and Governmental (PEG) media centers provide people with access to electronic communications training, equipment, facilities and delivery systems; and encourage civic dialogue and participation; and teach electronic media literacy; and Whereas, Public, Educational and Governmental (PEG) media centers serve their communities' needs and promote media democracy for all people regardless of their life circumstances, their political or religious beliefs or their ability to pay; NOW, THEREFORE, I, RICHARD JENNINGS, Mayor of the City of Woodburn do hereby proclaim the week of March 19 - 25, 2000 to be MEDIA DEMOCRACY WEEK in the City of Woodburn to honor the work of Woodburn Community Access Television and its contribution to the citizens of Woodburn. The City of Woodburn supports the efforts of Woodburn Community Access Television in its activities during this week as it seeks to educate the community on the important role of media democracy in the perpetuation of liberty and freedom. Signed this ~day of March, 2000. City of Woodburni -- 8A COUNCIL MEETING MINUTES FEBRUARY 28, 2000 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 28, 2000. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 00O7 ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Present Councilor Pugh Present Councilor Sifuentez Absent Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park & Recreation Director Westrick, Police Chief Null, Public Works Manager Rohman, Senior Planner Mulder, City Recorder Tennant 0047 ANNOUNCEMENTS. A) Community Center Visioning Town Hall Meeting will be held on February 29, 2000, 7:00 p.m., at the Woodburn Community Center. B) Woodburn Museum 2000 Leap Year Party will be held at the Bungalow Theater on February 29, 2000 at 6:00 p.m.. C) Excursion/Commuter Train Service meeting will be held on Monday, March 6, 2000, 7:00 p.m., at Woodburn City Hall. D) Budget Committee Workshop on the fiscal year 2000-01 operating budget will be held on Saturday, March 11, 2000, 9:00 am, in the City Hall Council Chambers. E) Friends of the Library Book Sale: The spring book sale will begin with a pre-sale on Thursday, March 16', from 5:00 pm to 7:00 pm ($3.00 admission), and will be open for general sales on Friday and Saturday, March 17th & 18', from 10:00 am to 4:00 pm. F) Public Library Chautauqua Program: March 5, 2000 -- 2:00 p.m., City Hall: "The Tillamook: A Created Forest Comes of Age", by Gall Wells of Oregon State Forestry Dept. March 26, 2000 - 2:00 p.m., City Hall: "Bridge Stories", by Sharon Wood Wortman, Portland author. Page 1 - Council Meeting Minutes, February 28, 2000 COUNCIL MEETING MINUTES FEBRUARY 28, 2000 8A TAPE READING 0124 CHAMBER OF COMMERCE REPORT. Patrick Vance, representing the Chamber Board, thanked Mayor Jennings for his attendance at the Distinguished Service Awards program last week which honored local individuals and businesses for their efforts in making Woodburn a better place to live. Upcoming events are as follows: 1) Business after Hours will be held on March 9th at Ticor Title Co, 735 Glatt C1, beginning at 4:30 p.m.; and 2) The Chamber Forum will be held on March 15th, 12:00 noon, at the Family Medical Center. Guest speaker will be County Commissioner Mike Ryan who will speak on the "State of the County". He also stated that Tulip Festival T-shirts will be available on March 20th at several locations around town and at the Wooden Shoe Bulb Co.. The T-shirts will be sold for $10.00. 0180 PRESENTATION: REGIONAL PUBLIC TRANSPORTATION AND BUS ROUTE THROUGH WOODBURN TO SALEM. Public Works Manager stated that Salem Area Transit District is responsible for the disbursement of special transportation funds in Marion and Polk counties for transportation services to the elderly and disabled. Funds are now available for general transportation use in rural Marion and Polk counties (outside Salem Urban Growth boundary) and a new service will soon begin which will provide bus transportation to the communities of Hubbard, Woodbum, Mt. Angel, Silverton, Gervais and Brooks to the City of Salem. This service will be provided by the Oregon Housing & Associated Services, also known as "Wheels", which is a company that has provided transportation services for the elderly and disabled in our area for several years. The Salem Transit Special Transportation Advisory Committee formulated the Rural Transportation Enhancement Program to provide expanded transportation services from the rural areas to the Salem area. There has been little advertising of this new program to date since they need to make some trial runs to determine actual route times and to make necessary modifications to the route before a marketing program is fully implemented. The approximate cost for this service will be $4.00 round trip to Salem and $2.00 round trip to Silverton. The second transportation issue presented to the Council involved the formation of a transportation brokerage (central dispatching agency) for Oregon Medical Assistance Plan (OMAP) clients. The brokerage would take care of the billing so that the agencies (i.e. Dial-a-Ride) would receive reimbursement from OMAP. He stated that the reimbursement paperwork is complicated and utilizing the brokerage will provide more revenue to the City. Currently, the City accepts donations from Dial-a-Ride clients, however, we do not always know which clients are covered under OMAP. It is anticipated that an ORS 190 agency consisting of Salem Area Transit, Marion, Polk, and Page 2 - Council Meeting Minutes, February 28, 2000 TAPE READING 0710 0723 COUNCIL MEETING MINUTES FEBRUARY 28, 2000 Yamhill counties will be formed to oversee this program and to select a provider for the brokerage service. It is anticipated that the brokerage service will be operational in the year 2001. CONSENT AGENDA. A) Council regular and executive session minutes of February 14, 2000; B) Library Board minutes of February 16, 2000; C) Planning Commission minutes of February 10, 2000; D) Recreation and Park Board minutes of February 8, 2000; and E) Police Department activity reports for November and December 1999. FIGLEY/PUGH... adopt the consent agenda as presented. The motion passed unanimously. CONTINUATION OF PUBLIC HEARING: ANNEXATION g99-02, COMPREHENSIVE PLAN MAP AMENDMENT g99-02, ZONE MAP AMENDMENT g99-06, AND SITE PLANrREVI]gW g99-14 (BOONES FERRY PLACE RETIREMENT CENTER). Mayor Jennings continued the public heating at 7:25 p.m.. Recorder Tennant read the land use statement required by ORS Chapter 197. Senior Planner Mulder stated that the agenda packet included the record before the Planning Commission plus two additional items: Exhibit G - Letter received from Allen Hubenthal and Lana Fowler dated November 19, 1999; and Exhibit H - Supplemental materials dated February 22, 2000 received from the applicant providing some additional evidence in support of their application. He stated that public hearings were held before the Planning Commission on September 23 and October 14, 1999, and the Commission adopted a final order on October 28th to approve the proposed annexation and deny the proposed comprehensive plan amendment, zone change, site plan review, and variances. Following this decision, the applicants requested continuance of the Council's November 22na public hearing until this date. In addition to continuing the hearing, the Council remanded the application back to the Planning Commission for the purpose of reviewing a revised proposal submitted by the applicant. The new hearing before the Commission was held on January 13, 2000 and, at the Commission's next meeting, they adopted a final order to recommend Council approval of the proposed annexation, comprehensive plan amendment, zone change, and site plan review as revised by the applicant. It was noted that the variances were withdrawn since the revised site plan did not require any variances. He reviewed the revised application which involves the annexation of approximately 3.32 acres of property located west of Boones Ferry Road and south of Country Club Road. Properties adjacent to this parcel which would still remain outside the city limits are owned by US West and the LDS Church. In regards to the comprehensive plan 8A Page 3 - Council Meeting Minutes, February 28, 2000 COUNCIL MEETING MINUTES FEBRUARY 28, 2000 TAPE READING amendment and zone change, the applicant is requesting that the property be changed from single family residential to multi-family residential. The Commission agreed with the testimony presented by the applicant in support of their proposal and the Commission adopted a final order recommending approval of the zone change and comprehensive plan amendment. In regards to the site plan, the modified plan would provide for construction of two buildings, one of which would be a 12 unit Alzheimer facility and the second building a 90 unit assisted living facility. It was noted that the original proposal consisted of 182 total units and the reduction in total units eliminated the need for the two variances required under the original proposal. The single 1-bed units will be approximately 350 sq feet in size. The landscaping, setbacks, and parking area are in excess of the code requirements and a 7' sight obscuring fence will be placed around the perimeter with trees and shrubbery adjacent to the fence. In regards to the zone change, the Planning Commission did place a condition in the final order that the zone change be conditional on this proposal being completed and, if this proposal was not followed through with by the applicant, the zoning would revert back to single family residential. 1285 Mayor Jennings stated that he has known the applicant, J. Wallace Gutzler, for many years, however, if the vote should be a tie, he would vote on this issue since knowing him would not impair his ability to vote. Wally Gutzler, applicant, stated that the plan was revised by the applicants based on comments from the neighbors and Planning Commission after the initial public hearing. They decided to downsize the project and to revise the plan which would address the objections raised during the hearings process. The revised plan consists of 1 building which will house 12 Alzheimer suites and 1 building to house 70 assisted living suites at this time which the ability to add 20 assisted living suites as a 2nd phase. He stated that it was for economic reasons that they will be waiting to construct the 2nd phase since it is unknown as to how long it will take to fill up the first 70 suites. They have done their feasibility studies and feel that they have a very good idea as to what this area needs. They have constructed, and continue to operate, a number of these facilities in Oregon and throughout the west. For the record, he stated that the applicant has adopted and, is claiming as its own, all of the recommendations made by the staff and the staff report. He stated that this development will provide for a substantial increase in the City's tax base without an impact on the schools, low impact on transportation since they have their own bus, and limited noise impact. He reiterated that they are very good neighbors and are, in many ways, a benefit to the neighborhood. Their feasibility study shows that there is a public need for this type of facility and that they do accept Medicaid residents even though by looking at the facility a person would not be able to tell that since the facility is developed so that all of the suites are equipped the same. In regards to code requirements, 30 parking spaces are required whereas they will be providing 49 parking Page 4 - Council Meeting Minutes, February 28, 2000 8A COUNCIL MEETING MINUTES FEBRUARY 28, 2000 TAPE READING spaces, 30% of the area is required to be landscaped whereas they will be landscaping 50% of the area, and 34 trees are required in the interior whereas they will be planting 80 trees. He reiterated that they are trying to make this development aesthetically pleasing to look at and an asset to the neighborhood. He stated that they are prepared to meet all 45 conditions and that they build this type of facility for their own operational purposes rather than selling or leasing it to another company. He also mentioned that one of the conditions requires them to take care of the surface water and they are prepared to provide for retention of surface water on site so that it can be absorbed into the system down to Goose Creek when it is able to handle it. They will be negotiating with LDS Church to relocate the sanitary sewer line which currently runs across the middle of their property. In summary, he stated that they believe that they have adequately complied with all of the goals and guidelines required by the City and, based on land availability, this parcel was the only one large enough to accommodate a development of this size. He also expressed his opinion that this is a suitable use for this site and will complement the surrounding area. Mr. Gutzler also submitted into the record letters in support of this project from Ed & Pam Laramore, 1325 Althea Street, and Rosemary Hammack, 1320 Althea Street. He also included into the record a letter from Jack Berkey, realtor, giving his written opinion that vacant property of this size is not currently available within the City. Councilor Bjelland questioned if financing had been secured for this project. Mr. Gutzler stated that, once approved, they will apply for financing which takes 60-85 days for approval and it is anticipated 'that construction will begin around mid-summer. He stated that they have 8 to 10 projects under construction and they do not anticipate any problems in obtaining financing. 2200 2646 Patrick Bickler, project architect, briefly reviewed the differences between an assisted living facility and a retirement facility. He stated that the size of the studio suites range from 350 to 425 sq. ft. and the 1 bedroom suites range from 525 to 625 sq. ft.. He reviewed the layout of the facility, parking, landscaping, exterior design and colors. He reiterated that the facility will have a large dining/entertainment room and the landscaping on the west side of the facility will provide the residents with a spacious backyard. In terms of the exterior design, they have created a building with distinctive designs which includes octagonal shapes. The Alzheimer building will be located behind the assisted living facility at the north end of the property. He stated that their goal is to integrate the assisted living facility into the neighborhood and to make it a welcoming area for residents, their families, and the surrounding neighbors. Preston Tack, 2197 Camilla Way, expressed his opinion that this facility would benefit the community and provide individuals who are in need of utilizing this type of facility with another choice as to where they would like to live. He also feels that the assisted living facility is a good transitional use for that particular comer. Page 5 - Council Meeting Minutes, February 28, 2000 8A TAPE READING 2700 2888 Tape 2 COUNCIL MEETING MINUTES FEBRUARY 28, 2000 Elizabeth Gemma stated that her property borders the southeast comer of the proposed facility and she supports the applicants proposal which, in her opinion, would be a benefit to the neighborhood. Becky Miller, 2348 N Boones Ferry Rd, stated that her property is located across the street from the proposed facility and that she feels that the facility would be an appropriate transition for the residents since they would still be surrounded by a residential area in addition to having the Glatt Art Center and the golf course close by. Stewart Miller, 2348 N Boones Ferry Rd., also expressed his support for this project as modified. He stated that the height of the building in the original plan was of a concern to him, however, the height of the revised plan is similar to that of a 2-story home. He feels that this will be a real nice project, will have no impact on the schools, minimal traffic impact, and landscaped open space that will benefit the neighborhood. James Atkinson, 1219 Henry's Farm, stated that the revised proposal is an improvement, however, he is still in opposition of the project. He stated that his concern all along has been the placement of the buildings and he, along with Mr. Hubenthal, would like to see the Alzheimer unit located behind their property rather than the proposed location near Country Club Road. He also requested that the record remain open for additional testimony since Mr. Hubenthal was unable to attend this meeting due to a family emergency. Mayor Jennings questioned the City Attorney as to whether or not the Council is required to continue the hearing if no new testimony is submitted. Attorney Shields stated that the continuation of the hearing is at the discretion of the Council. Wally Gutzler, applicant, stated that they have looked at the placement of the Alzheimer unit (1 story building) to the south end of their property, however, they feel that the best location is at the north end of their property. Even with the additional phase 2 wing, with a 32 foot tall peak, is located 49 feet from the nearest point of the neighbors property. This is a substantially greater distance than a single family house would be if single family homes (35 foot maximum peak allowed) were built on that property. Mayor Jennings declared the public hearing closed at 8:28 p.m.. Councilor Figley stated that there has been a lot of communication between the applicant and the neighbors, and the developers have revised their project to address the concerns of the neighbors. She stated that she is in support of this project. Councilor Pugh also expressed his support for the project. Councilor Kilmurray stated that she felt the developers did a good job in addressing the concerns of the Commission and the neighbors. She also reminded the developers that they need to monitor the lighting of the facility since there are numerous single family residences abutting the proposed assisted living facility. 8A Page 6 - Council Meeting Minutes, February 28, 2000 TAPE READING 0180 0202 COUNCIL MEETING MINUTES FEBRUARY 28, 2000 Councilor Bjelland expressed his opinion that the applicants have done an excellent job in addressing the concerns that the neighbors had originally raised and he agreed with the applicant that there is a growing need for this type of facility. Councilor Chadwick stated that she felt that this would be an attractive development. Mayor Jennings recommended that the record not be kept open since Mr. Hubenthal had previously presented testimony and he did not feel that any brand new testimony would be presented. PUGH/FIGLEY... the record not be kept open for 7 days. The motion passed unanimously. FIGLEY/PUGH... concur with the Planning Commission's final order and approve Annexation g99-02, Comprehensive Plan Amendment ~99-02, Zone Change g99-06, and Site Plan Review g99-14, and instruct staff to prepare an ordinance to substantiate this decision. On roll call vote, the motion passed unanimously. COUNCIL BILL 2026 - ORDINANCE ADOPTING A SUPPLEMENTAL 8A 0245 BUDGET FOR FISCAL YEAR 1999-2000. Council Bill 2026 was introduced by Councilor Chadwick. Recorder Tennant read the two readings of the bill by title only since there were no objections from Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2026 duly passed with the emergency clause. COUNCIL BILL 2027 - ORDINANCE GRANTING A ZONE CHANGE ON CERTAIN PROPERTY LOCATED AT 751 YOUNG STREET FROM SINGLE 0270 FAMILY RESIDENTIAL (RS) TO MULTI-FAMILY RESIDENTIAL (RM). Councilor Chadwick introduced Council Bill 2027. The two readings of the bill were read by title on.ly since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2027 duly passed with the emergency clause. COUNCIL BILL 2028 - RESOLUTION ENTERING INTO AN AMENDMENT TO AN AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY. Councilor Chadwick introduced Council Bill 2028. Recorder Tennant read the bill by title only since there were no objections from the Council. Mayor Jennings stated that this Resolution would give the City Administrator authority to sign future amendments of this type with Union Pacific rather than bringing each amendment back to the Council for approval. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared the Council Bill 2028 duly passed. Page 7 - Council Meeting Minutes, February 28, 2000 COUNCIL MEETING MINUTES FEBRUARY 28, 2000 TAPE READING 0307 COUNCIL BILL 2029 - RESOLUTION ENTERING INTO AN AGREEMENT 8A WITH MULTI-TECH ENGINEERING SERVICES INC FOR PROFESSIONAL ENGINEERING CONSULTING SERVICES FOR THE DESIGN IMPROVEMENT PLANS FOR BOONES FERRY ROAD AND COUNTRY CLUB 0495 ROAD STREET IMPROVEMENTS. Council Bill 2029 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. Mayor Jennings questioned if sidewalks would be included in this project along Country Club Road. Public Works Director Tiwari stated that sidewalks would be included as part of the improvement project. He also addressed concerns previously expressed by Councilor Pugh regarding the contractual arrangement for consultants to perform the engineering work rather than city staff. He stated that consultants are needed when expert opinions are necessary and for those times in which peak loading is reached. Staffing of full-time personnel should be for average loading and consultants used when a specific project requires more staff time on a short term basis than what currently staff level can provide. He also reminded the Council that he has been trying to fill the Assistant City Engineer position for over a year and he recently received his second rejection from an individual thereby making it more difficult for current staff to get the work done within a specified time period. Assuming the design plans are completed this summer, a local improvement district needs to be formed and it is anticipated that the construction project will begin in 2001. It was also the consensus of the Council that the sidewalks on Country Club Road would extend to Astor Way and be installed on both sides of the street. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2029 duly passed. REJECTION OF BIDS FOR THE PURCHASE OF A USED PICKUP TRUCK AND A USED SEDAN: BID NO. 20-12. Bids for one 1998 or newer used pickup truck and one 1998 or newer used sedan were submitted by the following vendors: Sedan: Hershberger Motors, $10,700; Hillyer's Ford, $11,000; Hershberger Motors, $12,765; Hillyer' s Ford, $13,000; Power Chevrolet, $13,500; Cnaby Ford, $13,524; Power Chevrolet, $13,750; Hillyer's Ford, $14,000; Power Chevrolet, $14,850; and Wilsonville Chevrolet, $15,981. Pickup: Wilsonville Chevrolet, $12,965; Hershberger Motors, $13,996; and Hillyer's Ford, $15,500. Staff recommended that the bids be rejected since a majority of the bids did not meet specifications. Additionally, the vendors indicated that they were under the impression that the City would accept significant deviations from the specifications, however, this was not the City's intent. Page 8 - Council Meeting Minutes, February 28, 2000 TAPE READING 0573 COUNCIL MEETING MINUTES FEBRUARY 28, 2000 FIGLEY/KILMURRAY... reject all bids received for City of Woodbum Bid #20-12 due to specifications that were written to allow excessive deviations. The motion passed unanimously. REQUEST FOR SOLICITOR'S LICENSE FROM THE UNITED STATES MISSION. Administrator Brown stated that a request had been received from the U.S. Mission to conduct a door to door solicitation between February 29t~ and March 29~h. This organization is a 501 (3)(c) non-profit religious organization that serves the homeless in a number of cities with the closest being the Portland area. As a religious organization, they are not only exempt under the City's solicitation ordinance but case law has reduced local government's authority to regulate solicitation by religious and charitable organizations. He stated that this organization plans on soliciting between the hours of 2:00 pm and 8:00 pm on weekdays and between 1:00 pm and 7:00 pm on Saturdays. He has asked them to finish their solicitation during the weekdays at an earlier hour, however, they have stated that most of their donations are received during the evening solicitation hours. Administrator Brown also stated that the City's solicitation ordinance is outdated and, as time permits, staff will come back with an amended ordinance to reflect current law and the City's ability to regulate peddlers. Councilor Pugh stated that he would be voting no on this issue as a method of protesting this law. Councilor Figley stated that she would be voting yes on this issue since the City has no choice in the matter. FIGLEY/KILMURRAY .... approve a permit allowing the United States Mission to solicit door to door from February 29 through March 29, 2000. On roll call vote, the motion passed 4-1 with Councilor Pugh voting nay. 0724 SITE PLAN ACTIONS. A) Mall 99 Remodeling Project: No action was taken by the Council on the administrative approval of the Mall 99 remodeling application. 0771 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that he has recently moved into his new home located within the city limits. 0787 MAYOR AND COUNCIL REPORTS. Councilor Pugh spoke briefly on the gas tax measure which will be before the voters at the May primary election. He urged the public to vote in favor of the gas tax and he read a paragraph printed in a recent League of Oregon Cities newsletter which indicates that Page 9 - Council Meeting Minutes, February 28, 2000 8A TAPE READING 0912 O932 O95O COUNCIL MEETING MINUTES FEBRUARY 28, 2000 increased truck mileage results in the trucking industry paying more than what they would have paid under the diesel tax and the argument presented by Triple A as it relates to fair share is not a good reason to vote no on this issue. Councilor Figley reminded the public of the Community Center Visioning Town Hall meeting on February 29% 7:00 p.m., at the Community Center, and the meeting scheduled for March 6th, 7:00 p.m., City Hall, on the possibility of a train excursion or commuter service. Councilor Kilmurray expressed her thanks to the Public Works Director for placement of the counting strips on Hardcastle. Councilor Chadwick thanked the Police Department, State Police, and SWAT team in their handling of the situation within Senior Estates last week, and to Officer Weaver for coming out to the Senior Estates coffee hour to explain the situation. Mayor Jennings stated that he would like to see the zone map on the wall in the Council Chambers rather than the Comprehensive Plan map since it is confusing when discussing a zone change as to the actual zoning designations of property adjacent to the properties under discussion. EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(d), ORS 192.660(1)(h), and ORS 192.660(1)(f). FIGLEY/PUGH... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 9:05 pm and reconvened at 9:53 pm. Mayor Jennings stated that no decisions were made by the Council in executive session. The Mayor also stated that he, along with Officers Sarah Totten and James Don, will be reading to 15 Kindergarten classes within the school district as part of "Read Across America" Day. ADJOURNMENT. FIGLEY/PUGH... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:55 p.m.. APPROVED RICHARD JENNINGS, MAYOR 8A ATFEST Mary Tennant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, February 28, 2000 Executive Session COUNCIL MEETING MINUTES February 28, 2000 8A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 28, 2000. CONVENED. The Council met in executive session at 9:08 p.m. with Mayor Jennings presiding. ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Present Councilor Pugh Present Councilor Sifuentez Absent Mayor Jennings reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant The executive session was called under the following statutory authority: 1) ORS 192.660(1)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations; 2) ORS 192.660(1)(h) 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; and 3) ORS 192.660(1)(0 to consider records that are exempt by law from public inspection. ADJOURNMENT. The executive session adjourned at 9:50 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - Council Executive Session Minutes, February 28, 2000 WOODBURN PLANNING COMMISSION February 24, 2000 CONVENED The Planning Commission met in a regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Young P Vice Chairperson Cox P Commissioner Fletcher P Commissioner Grijalva P Commissioner Lima P Commissioner Mill P Commissioner Bandelow P Commissioner Lonergan P Commissioner Heer P Staff Present: Steve Goeckritz, Community Development Director Jim Mulder, Senior Planner Scoff Clark, Assistant Planner 8B MINUTES Commissioner Lonergan moved to accept the minutes of the February 10, 2000 Planning Commission meeting. Commissioner Fletcher seconded the motion, which carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS None GUEST SPEAKER A.~. Dave Christoff, Buildable Lands Committee Chairperson to discuss the Buildable Lands and Urbanization Project. Frank Tiwari, Public Works Director discussed various Public Works projects and programs: Wastewater Plant He reported in 1994 the Wastewater Plant project was estimated in 1998 dollars to be 38.3 million dollars. Frank indicated the project is currently going through major constrbction Planning Commission Meeting - February 24, 2000 Page 1 of 9 phase and is expected to be completed in 2001. Their goal is to have the construction accomplished with one year inflation beyond 1998. He also informed the Commission potholes are corrected within a few days, generally within 24 hours. Additionally, Frank provided the Commission with a sewer rate comparison with other cities. He announced Woodburn is the first community in the nation to use the poplar plantation system. Water Frank reported they receive complaints from people indicating their shirts are turning yellow after a few washes. He stated it seems like the consensus has been building that the City of Woodburn should go to a water treatment system. Frank reported there will more likely be a treatment system in place within the next few years. The system will remove iron, manganese and above all, it will give the opportunity to be able to remove other pollutants if our system in any way became polluted. Transportation Frank also outlined the goals set by the community for the transportation program: (1) to have the transportation system for transportationally disadvantaged people; (2) consideration towards commuters and school aged children; (3) general public. He said they have never gone beyond the first goal. Frank stated lately they have heard a lot from the community that there needs to be some connection between Salem and Portland. He mentioned the Tualatin area is being considered as a connection point into Portland. Additionally, Salem Transit District is looking at a bus connection from HubbardNVoodburn into Salem as well as from HubbardNVoodburn into Silverton to start in March. Street He said the Council has determined that widening of Highway 214 is top priority at this point and is being coordinated with the State. Frank stated the City has set aside some money to ensure that the City does not come up short towards putting their share of the funding for the project that was started a few years ago. Additionally, Frank reported some of the water detention policies already in place are being addressed at this time and will be presented to City Council. Chairperson Young informed Frank the Commission questions whether the street size on Boones FerryNanderbeck is a standard size? Frank Tiwari responded the City standard, as adopted in the Transportation Plan, if you have a narrow right-of-way and the intent is that some day there will be a widening, then we need to see which direction it is to be widened. He explained the narrow portion where the subdivision ends and the connection between the subdivision and Boones Ferry Road, the property owner to one side, Dr. Entena, refused to dedicate any right-of-way on that side. The property on the south side was owned by somebody else. Frank further stated the 40 feet right-of-way was available. He added that any property owner living on the north side that wants to develop the property must dedicate an additional 20 feet to make it 60 feet right-of-way, widen the pavement and put in sidewalks. 8B Planning Commission Meeting - February 24, 2000 Page 2 of 9 Vice Chairperson Cox asked Frank whether he was personally involved in the process or is he referring to what he has heard from other people on his staff? Frank Tiwad responded he was not fully involved in it but is ultimately responsible for anything that happens in Public Works. He stated he prefers 24 wide streets over 34 feet wide street which has parking on both on sides because it is cleaner and less likely to have any accidents. Vice Chairperson Cox indicated it is his recollection that this subdivision went through at least three different meetings before it was evidentially approved. He stated there were two principal issues: (1) whether or not Vanderbeck would go on through or not; (2) whether or not the right-of-way should be a standard right-of-way all the way out to Boones Ferry. Vice Chairperson Cox further stated the matter was held over for at least one meeting to try to negotiate something with Dr. Entena and the matter then came back before the Commission at a later meeting. He remarked nothing was ever said that the problem of the narrower right-of-way would be resolved by narrowing the street. Vice Chairperson Cox said the Commission was told that the standard street width would prevail throughout. He commented he specifically asked how can you get a 32-34 foot street in a 40 foot right-of-way and was told they could squeeze it tightly because it is not very far and they will be able to work the utilities in and still get the standard street in. Vice Chairperson Cox inquired at what point in time and by whom was the change made? Frank Tiwari answered there is a standard street according to the Transportation Plan which does allows up to 22 ft. street. Frank asked Vice Chairperson Cox if a motion was made to require the street to be 34 feet wide? He explained it is all 34 feet with parking allowed on both sides of the street inside the subdivision. Vice Chairperson Cox mentioned the Commission were not told at that time that there would be a different width of streets serving this subdivision than within the subdivision itself. They were told that the street was a 32-34 ft. street. Vice Chairperson said they were not told that there was going to be a smaller street there and they did not approve a smaller street. Frank Tiwari pointed out there are other areas which are going for 24-29 ft. streets which are connecting streets to the large subdivisions. Vice Chairperson Cox expressed his concerns that a change was made at staff level from what the Commission approved. He indicated he believes it is the Planning Commission's job to set the policy of how wide streets should be and should not be made at the staff level after they are told one thing and gets built a different way. Frank Tiwari explained policy decisions have to be made by the Planning Commission and City Council. These decisions are to be reflected by documents and motions. He stated the actual implementation belongs with staff. Frank said the question in this situation is whether there was a clear cut motion made that it be a 34 ft. wide street. 8B Planning Commission Meeting - February 24, 2000 Page 3 of 9 8B Vice Chairperson Cox remarked the Commission did not state in the motion to approve this subdivision that there would be a 32 foot improved right-of-way. Additionally, they did not say that there would be concrete curbs or asphalt on it. He stated these things are part of what is presented to the Commission. The package presented to the Commission was a standard street throughout. Vice Chairperson remarked instead of requiring that additional right-of-way be obtained from Dr. Entena by eminent domain, if necessary, to make the street right-of-way the same width. Instead of having to do that, the Commission was told at the next meeting that Dr. Entena will not agree to additional right-of-way, but we don't need to get that right-of-way because we can get the regular street in the right-of-way that is there. Vice Chairperson also expressed his concerns on how things get from the Planning Commission to finished product. He stated he wants the policy that the Commission establishes to be carried out and not changed just because somebody later on decides to change it. Frank Tiwari felt perhaps Vice Chairperson Cox may have something in his mind if there was a motion made. He added as far as he is concerned, a standard street in different locations are different. Chairperson Young questioned whether the documents from this project could be requested? Staff will complete an inventory of all the minutes that had to do with Miller Farm and transcribe the sections that deals with the streets and provide it to the Commission. Commissioner Bandelow asked if the Commission is expected to specify what type of standard street to implement on every project? Frank Tiwari replied this is a good question. He explained inside the subdivisions or where the property owner owns the property he has dedicated 60 feet right-of-way and it is 34 feet wide street with both sides parking. Frank remarked anything that differs from this will be an exception. The acceptable thing is that in subdivisions it is 34 ft. wide street. In the area in where the developer does not even own the property, the maximum you can require is what you can build in that street unless, it is turned down. He commented it is wise to turn a project down rather than say that you negotiate with another property owner. Commissioner Bandelow asked if the Commission would have to specifically require that the right-of-way be acquired if the scenario were to occur again that the street appeared to be narrower and the Commission were assured that it was not going to be narrower?. Frank Tiwari replied affirmatively. He explained the Commission would have to require it and the City Council has to agree on it. Commissioner Bandelow inquired whether it is spelled out in the Staff Report that the right-of-way is narrower? Planning Commission Meeting - February 24, 2000 Page 4 of 9 Frank Tiwari answered he is sure that you can find in the report that the right-of-way is narrower. He explained it is a right-of-way unless the developer is required to buy another property and widen the read. In this case, the developer was not required to buy another property. Frank stated it is simpler to turn the project down if it does not meet the standards. Vice Chairperson Cox interjected the Commission were told the utilities could be accommodated and built with the additional right-of-way. Vice Chairperson Cox requested Staff to bring the Staff Report, drawings and minutes of the meetings. Commissioner Mill questioned who else was involved for the sewer rates study besides the City of McMinnville? Frank Tiwari stated Canby, Forest Grove, Hillsboro, Keizer, Lake Oswego, McMinnville, Newberg, Silverton and West Linn. Commissioner Mill also asked whether November through February is the period of time were the water and sewer bills are averaged? Frank Tiwari answered affirmatively. He explained the 3 lowest months are used out of 4 months to average the bill out. Commissioner Mill raised the issue regarding speed bumps and indicated there is a new speed bump system that is presently being utilized in other jurisdictions, i.e., City of Milwaukee and City of Salem, that have been very effective in reducing speed on streets. He reported Miller Farm Road, Alexandra Avenue and James Street have become shortcuts to businesses and major arterials. Commission Mill wondered what is Public Works position regarding the issue? Frank Tiwari reported the Fire Department are clearly against speed bumps because of damage to their apparatus. He further explained a few seconds of delay to them could be a matter of property loss and loss of life. Frank commented he strongly opposes to children at play signs. Additionally, he slightly opposes to speed bumps because there are depressions that occur and expenses involved with this. Over a period of time Fire Departments and attorneys have always been telling him that speed bumps are not a good thing. Commissioner Mill asked Frank if there has been recent research done from the Public Works Department or contacts made with Clark County, City of Salem, City of Portland and/or City of Milwaukee where these speed bumps are presently in use regarding their effectiveness, damage or problems with their local Fire, Police or Public Works Departments? Frank Tiwad replied No. He stated it was looked at a number of years ago and at that time it was not feasible. Frank commented there must be community consensus so that it can 8B Planning Commission Meeting - February 24, 2000 Page 5 of 9 be accomplished. Commissioner Lima questioned whether there are any statutory rules that prohibit speed bumps? Frank Tiwari answered there are no rules that prohibit speed bumps. He indicated cities are hesitant because of the possible liability issues that may arise. Frank stated the City is very conscientious of lawsuits. Commissioner Lima asked when will the water treatment system and the bus transportation system from Woodburn to Salem be operational? Frank Tiwari replied the water treatment system will be operational in about three to four years. The bus transport system from Woodburn to Salem is being discussed with Salem Transit District and more than likely will start on an experimental basis within a month or SO. Commissioner Mill inquired if it would be sufficient if they got a petition together of property owners whose homes abut the street that the speed bump was desired? Frank Tiwari clarified this would not be sufficient because the policy is not yet established but the petition would certainly start the ball rolling. He stated there would need to be attorney opinions, Council discussions and perhaps neighborhood meetings to see what the community as a whole wants. Commissioner Heer expressed her concerns for the safety of the people who are walking along Tukwila Drive and getting hit by a vehicle. Frank Tiwari explained stop signs are not at all intended to be placed to slow down traffic. He commented traffic speed is to be enforced by police officers. Frank stated we need to have a certain amount of traffic in each direction. The conflicts have to be evaluated and then look at whether a stop sign needs to be installed or not. He reported the law requires that there be a technical engineering report before Council even makes a motion to install a stop sign because of the risk and because of the fact that you can run into legal liability problems. Frank urged the Commission notto think in terms of the stop sign slowing down the traffic. He stated it is much more dangerous to have people run the stop sign than not. Commissioner Heer requested Frank inform the Commission what solutions can be taken to slow the traffic down. Frank Tiwari stated there is no magic pill in solving this problem. He stated it would be a combination of providing neighborhoods with police protection and possibly looking into the right location for slowing down traffic, i.e., speed bumps. He reiterated stop signs will cause more problems that solve it. 8B Planning Commission Meeting - February 24, 2000 Page 6 of 9 Commissioner Fletcher pointed out there have been a couple of stop signs installed within a few years in Senior Estates at locations where there is hardly no traffic i.e., Princeton Road, Umpqua, Astor, Oregon Way and Hayes Street. Frank Tiwari he stated the most effective solution to speeding would be to have the photo system which takes the speed and the owner of the vehicle is mailed a ticket a few days later. Dummy cameras may also be placed in several locations. He indicated it may be worthwhile exploring this issue. Vice Chairperson Cox mentioned there is a radar trailer with a display screen that shows the car speed. He commented another solution would be to explore the possibility of using radar guns. Frank Tiwari informed the Woodburn Police Department has the radar guns available for citizen use. Commissioner Lonergan asked what would be the other alternative for the Highway 214 project if the gas tax does not pass? Frank Tiwari responded the City will have their share but the State will not if the gas tax does not pass. He further stated hopefully there will be some improvements to Highway 214 with the money the City has accumulated. Frank reported Highway 214 needs to be improved from Boones Ferry to I-5 and not just from Evergreen to I-5. He stated the goal is to hopefully start construction by the summer of 2001. Commissioner Bandelow reported there is a lot of foot traffic along the area where the Mill Creek force main is and Park Avenue. She commented there are no sidewalks there and people are walking on the edge of the road. Frank Tiwari suggested the Commission make notations of projects the Commission would like to see included in the Capital Development programs. Commissioner Mill referred to Commissioner Bandelow's sidewalk issue and commented this is a life safety issue. He said there are issues in that area that exists in no other section of the city. There is a high amount of foot traffic, high amount of vehicle speed and the largest school in the city. Commissioner Mill further stated these are a very unusual set of circumstances that leaves us wide open and it would be reasonable and prudent for the city to move this to a very high priority on that list. In closing, Commissioner Mill stated this is an area where the city or state needs to step forward, take the ball, recognize there is a problem and run with it. Frank Tiwad explained issues are brought in and then converted into a project in a cost effective way and placed on the priority list for the City Council or Budget Committee to decide whether it is right or not. 8B Planning Commission Meeting - February 24, 2000 Page 7 of 9 SB Staff reported he would like to have a shod discussion regarding Buildable Lands but hold off on any in-depth discussion until Dave Christoff can be here to present the position of the Growth Management Committee. Staff encouraged the Commission to write down their ideas or concerns to be discussed at a later time with Dave Christoff. The comments will then be incorporated as an Appendix to the existing Buildable Lands Committee as recommendations for Council review. Chairperson Young commended everyone that worked on the Buildable Lands report for a job well done. He stated it is a very comprehensive report. Vice Chairperson Cox said he preferred not to go too deeply in discussing the report until he hears from Dave Christoff. He stated the issue is whether or not the Growth Management Committee recommendation that a certain specific parcel from a certain amount of additional industrial/commercial land be added or whether no additional land be added to the Urban Growth Boundary. Vice Chairperson Cox commented he sees the conclusion but does not get the reasoning process that leads to that. Staff replied the most simplistic explanation of this is that the state is very much interested in seeing the City do everything within the existing Growth Boundary. Commissioner Bandelow questioned what are the consequences we face from the state from going against statewide policy? Staff answered we most likely would find ourselves in front of the Land Conservation and Development Commission itself. It circumvents the Land Use Court of Appeals and all arguments would go to the Commission itself. He explained the issues, findings and conclusions would have to be justified to the Commission to be able to proceed with the adoption of that Ordinance. Chairperson Heer agreed with Vice Chairperson Cox that we wait until next meeting to discuss this issue. The Commission requested this issue be viewed when Dave Christoff is available. PUBLIC HEARING None FINAL ORDERS None DISCUSSION ITEMS C_ Lot Line Adjustment 00-01 to reconcile the existing property lines with the approved phase lines of the Boones Crossing PUD, east of Boones .Ferry Road, West of Brown Street, Thomas McConnell, applicant. PropertieS, Inc., Planning Commission Meeting - February 24, 2000 Page 8 of 9 8B applicant. (Administrative Review) Vice Chairperson Cox moved not to request a public hearing and that we accept the administrative decision. Commissioner Heer seconded the motion. Motion unanimously carried. REPORTS Comprehensive Plan maps and Zone maps were distributed to the Commission. Staff commented all new property lines will be added onto the maps on a quarterly basis. BUSINESS FROM THE COMMISSION None ADJOURNMENT Commissioner Bandelow moved to adjourn the meeting which was seconded by Commissioner Lima. Motion carried. Meeting adjourned at 8:40 p.m. APPROVED ROYCE YOUNG, CHAIRPERSON ATTEST Jim Mulder, Senior Planner City of Woodburn, Oregon Planning Commission Meeting - February 24, 2000 Page 9 of 9 Community Development 270 Montgomery Street Woodburn, Oregon 97071 8C MEMORANDUM (503) 982-5246 Date: To: From: Subject: March 1, 2000 Steve Goeckritz, Community Development Director Robed L. Mendenhall, Building Official Building Activity for February 2000 1998 1999 2000 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 9 $880,268 11 $1,030,568 6 $544,848 Multi Family 0 $0 0 $0 0 $0 Residential Adds & Alts 6 $90,607 5 $128,400 I $600,000 Industrial 0 $0 0 $0 0 $0 Commercial Value 6 $484,893 0 $0 3 $1,487,000 Signs, Fences, Driveways 9 $26,987 2 $1,150 4 $23,598 Manufactured Homes 0 $0 0 $0 0 $0 TOTALS 30 $1,482,755 18 $1,160,118 14 $2,655,446 July 1 - June 30 Fiscal Year To Date $39,505,929 $23,294,438 $25,682,887 RLM:nd Bldg~activity February 00 A/P CHECK LISTING FOR THE MONTH OF FEBRUARY 2000 8D CHECK NO 49333 49334 49335 49336 49337 49338 49339 49340 49341 49342 49343 49344 49345 49346 49347 49348 49349 49350 49351 49352 49353 49354 49355 49356 49357 49358 49359 49360 49361 49362 49363 49364 49365 49366 49367 49368 49369 49370 49371 49372 49373 49374 49375 49376 49377 49378 49379 DEPARTMENT POST M'FR-VARIOUS VOID VOID VOID REFUND-WI'R/SWR REFUND-WTR/SWR REFUND-W'FR/SWR SERVICES-COURT REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR SERV[CES-ENG SERWCES-VAP~OUS SERVICES-POLICE SUPPLIES-ENG SUPPLIES-POLICE SUPPLIES-LIBRARY SUPPI TES-VAR~OUS SUPPLIES-POLICE SUPPLIES-ENG SERV~CES-C STORES SUPPLIES-BUILD SUPPI TES-ENG SERVICES-VARiOUS REiMBURSE-POLICE SUPPLtES-WTR SUPPLIES-WV~T SUPPI TES-STREET SERVICES-BUILD SUPPLIES-ENG SUPPLIES-VARIOUS SUPPLZES-STREET SERVZCES-VAI:LI:OUS SERVICES-VARIOUS SERVICES-VARIOUS REIMBURSE-ATTY SUPPLIES-POLICE SUPPLIES-LIBRARY SERVICES-POLICE SERVICES-WTR PETTY CASH-VARIOUS PAYROLL-VARIOUS SUPPLIES-LIBRARY SERVICES-WATER VOID VOID VENDOR NAME VENDOR DATE NO US POSTAL SERWCE 020089 2/1/00 VOID VOID VOID VOID VOID VOID ASSOC HOUSING NONE 2/3/00 RP NIGHT NONE 2/3/00 THE LUCKEY CO NONE 2/3/00 OR MUNI .lUDGE ASSOC NONE 2/3/00 THE LUCKEY CO NONE 2/3/00 OSVALDO ESTRADA NONE 2/3/00 WINDSOR PROP NONE 2/3/00 L MARTIN %SOUTHERLAND NONE 2/3/00 AEROTEK INC 000080 2/3/00 AT & T 000623 2/3/00 BM CLEANING SERV 001030 2/3/00 BI MART CORP 001275 2/3/00 COLUMBL~ GORGE CTR 002679 2/3/00 COMARK GOVERNMENT 002684 2/3/00 CrL CORP 002926 2/3/00 GALLS INC 006011 2/3/00 GW HARDWARE 006405 2/3/00 IKON OFFICE 008119 2/3/00 INTL CONF OF BUILD 008290 2/3/00 MICROWAREHOUSE 012459 2/3/00 NW NATURAL 013350 2/3/00 PAUL NULL 013420 2/3/00 US FZLTER 015065 2/3/00 PRAXAIR DIST 015480 2/3/00 PUBLIC WKS SUPPLY 015648 2/3/00 RLM CONSULTING 017257 2/3/00 SALEM PRZN'I-ZNG 018110 2/3/00 US OFFICE PROD 019100 2/3/00 UNOCAL ERNIE GRAHAM 020010 2/3/00 UNITED DISPOSAL 020020 2/3/00 US WEST COMM 020091 2/3/00 US WEST COMM 020095 2/3/00 KAY VESTAL 021126 2/3/00 VIKING OFFICE 021180 2/3/00 WALMART STORES 022035 2/3/00 WBN FAMILY CI TNIC 022587 2/3/00 VALLEY MAILING 021044 2/3/00 CITY OF WOODBURN 015255 2/3/00 OREGON PERS 014424 2/4/00 INGRAM DIST 008116 2/8/00 VAII Fy MAZLING 021044 2/9/00 VOID VOID VOID VOID AMOUNT $1,200.00 $0.oo $0.0o $o.oo $26.72 $7.45 $34.83 $75.00 $7.45 $35.48 $13.90 $12.26 $379.50 $105.28 $416.00 $40.39 $123.06 $329.79 $536.75 $138.07 $98.65 $618.76 $92.50 $513.08 $4,764.18 $37.47 $1,6oo.oo $14.84 $219.40 $21,016.52 $85.50 $2,960.75 $640.28 $1,117.35 $265.57 $925.98 $35.87 $153.14 $239.29 $412.50 $648.80 $125.46 $89.19 $2,646.19 $554.40 $0.o0 $0.o0 Page i 49380 49381 49382 49383 49384 49385 49386 49387 49388 49389 49390 49391 49392 49393 49394 49395 49396 49397 49398 49399 49400 494O1 49402 49403 49404 49405 49406 49407 49408 494O9 49410 49411 4941~ 49413 49414 49415 49416 49417 49418 49419 49420 49421 49422 49423 49424 49425 49426 49427 49428 A/P CHECK lIS'TING FOR THE MONTH OF FEBRUARY 2000 VOID SUPPlIES-lIBRARY REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-BUS ITC SERVICES-POLICE SERVICES-FIN SERVICES-POLICE SERVICES-ADMIN SERVICES-PARKS SERVICES-ENG SUPPLIES-LIBRARY SERVICES-LIBRARY SERVICES-WTR SERVICES-POLICE SERVICES-VVTR SERVICES-VARIOUS SUPPLIES-PLANNING SERVICES-WWTP SERVICES-PLAN SUPPLIES-LIBRARY SERVICES-RSVP SERVICES-ADMIN SUPPliES-LIBRARY SUPPLIES-VARIOUS SUPPliES-POLICE SUPPLIES-FINANCE REIMBURSE-WW1T REIMBURSE-PLAN SERVICES-FINANCE SERVICES-WATER SUPPLIES-TRANSIT SUPPLIES-LIBRARY SUPPlIES-LIBRARY REIMBURSE-FINANCE SUPPLIES-C GARAGE SUPPLIES-POLICE SERVICES-STREET SUPPLIES-FINANCNE SUPPlIES-VARIOUS SUPPLIES-LIBRARY SUPPLIES-LIBRARY ' SERVICES-PUB WKS SERVICES-POLICE SUPPLIES-VARIOUS SERVICES-WATER SERVICES-VARIOUS SERVICES-PLANNING VOID VOID OR HISTORICAL SOOETY NONE 2/11/00 CENTEX HOMES NONE 2/11/00 TIM BARSUKOFF NONE 2/11/00 JOEL STOLTZFUS NONE 2/11/00 NW REAL ESTATE SERV NONE 2/11/00 WINDMILL INN NONE 2/11/00 PAC NW ASSN OF FIN NONE 2/11/00 DUII TASK FORCE NONE 2/11/00 OREGON APA NONE 2/11/00 ABBYS PIZZA 000027 2/11/00 AEROTEK INC 000080 2/11/00 AL'S FRUIT & SHRUB 000160 2/11/00 AM LIBRARY ASSOC 000250 2/11/00 AMTEST OREGON 000400 2/11/00 ANIMAL MEDICAL CLINIC 000434 2/11/00 ARAMARK UNIFORM 000534 2/11/00 ARCH PAGING 000535 2/11/00 AWARDS & ATHLETICS 000580 2/11/00 AT & T 000623 2/11/00 ROGER ] BUDKE 001580 2/11/00 BULLDOG VIDEO 001586 2/11/00 CANBY TELEPHONE 002062 2/11/00 CASCADE SOUND 002230 2/11/00 CHEMEKETA COMM COLL. 002410 2/11/00 CTL CORP 002926 2/11/00 DARE AMERICA 003037 2/11/00 DATA COMM WHSE 003049 2/11/00 V lEAN DEEN 003107 2/11/00 NANCY DEVAULT 003218 2/11/00 DIRECT LINK 003240 2/11/00 FCS GROUP INC 005072 2/11/00 GK MACHINE 006009 2/11/00 GALE GROUP 006015 2/11/00 GAYLORD BROS 006030 2/11/00 BEN Gill Pc;PIE 006189 2/11/00 GRAY AUTOMOTIVE 006289 2/11/00 HARRIS UNIFORMS 007090 2/11/00 HIRE CALLING 007240 2/11/00 IKON TECHNOLOGY 008117 2/11/00 IKON OFFICE 008119 2/11/00 JACKSON HIRSH 009043 2/11/00 lEAN KARR & CO 010030 2/11/00 KOLEY ENG PRODUCTS 010293 2/11/00 LEGACY LAB SERV 011188 2/11/00 LEGISLATIVE COUNSEL 011200 2/11/00 lINDS MARKET 011240 2/11/00 L~ TECH 011370 2/11/00 MARION CTY TREASURY 012223 2/11/00 $0.00 $60.17 $26.64 $24.13 $34.83 $25.00 $321.00 $350.00 $75.00 $160.00 $200.00 $1,380.00 $59.90 $200.00 $396.OO $128.64 $25.65 $194. $6.50 $11.73 $5,467.50 $23.00 $19.95 $100.75 $758.78 $10,209.00 $989.68 $166.92 $16.oo $29.13 $315.00 $7,200.00 $27.90 $317.40 $14.00 $1,634.00 $615.10 $837.23 $502.O0 $2,878.44 $36.52 $42.15 $815.00 $132.00 $350.00 $30.O0 $833.91 $51.40 8D Page 2 A/P CHECK LISTING FOR THE MONTH OF FEBRUARY 2000 49429 SERVICES-POLICE MARION ENVIR SERV 49430 SUPPLIES-STREET MARTIN BROS SIGNS 494.31 SUPPLIES-STREET MAULDING CONST 49432 SUPPLIES-VARIOUS METROFUELING 49433 SUPPLIES-LIBRARY MICRO MARKEI'[NG 49434 SERVICES-LIBRARY MID VALLEY DEVELOP 49435 SUPPLIES-LIBRARY NAME BADGES BY 3AN 49436 SUPPLIES-BUILD/ENG NATIONAL BUSINESS 49437 SERVICES-POLICE NORCOM 49438 SERVICES-VARIOUS NW NATURAL 49439 SUPPLIES-LIBRARY OFFICE DEPOT 49440 SUPPLIES-BUILDING OFFICE MAX 49441 SUPPLIES-LIBRARY OMNIGRAPHICS 49442 SERVICES-ENG ONSITE ENVIR 49443 SUPPLIES-LIB OPEN SPACES 49qqq SUPPLIES-POLICE OR DMV 49445 SUPPLIES-TRANSIT O'i-FS FRICl'ION 49446 SUPPLIES-STREET PACIFIC SAFETY SUPPLY 49447 SUPPLIES-WATER US FILTER 49448 SUPPLIES-STREET PACIFIC UTILITY E~UIP 49449 SERVICES-PARKS PIONEER GLASS 49450 SUPPLIES-WATER PLATT ELECTRIC 49451 SERVICES-VARIOUS PORT GENERAL ELEC 49452 SUPPLIES-VARIOUS ROSE CITY STAMP 49453 SUPPLIES-PARKS S&S WORLDWIDE 49454 SUPPLIES-POLICE SMITH & WESSON CAM 49455 SERVICES-PARKS SONITROL 49456 REiMBURSE-COURT MARY TENNANT 49457 SUPPLIES-STREET TRAFFIC SAFETY SUPPLY 49458 SUPPLIES-LIBRARY UNIVERSITY OF OREGON 49459 SUPPLIES-RSVP US POSTAL SERV 49460 SERVICES-VARIOUS US WEST COMM 49461 SUPPLIES-POLICE VIKING OFFICE 49462 SUPPLIES-PARKS WILSONVI! I F LOCK 49463 SERVICES-WATER WOLFERS HEATING 49464 SERVICES-VARIOUS WBN INDEPENDENT 49465 SUPPLIES-STREET ZUMAR INDUSTRIES 49466 REIMBURSE-WATER lOAN PREZEAU 49467 SERVICES-WATER VALLEY MAILING 49468 PE1-FY CASH-VARIOUS CTI'Y OF WOODBURN 49469 VOID VOID 49470 VOID VOID 49471 VOID VOID 49472 SERVICES-PARKS SCOTT MCLEAN 49473 REFUND-WTR/SWR 3OHN HARGER 49474 REFUND-WTR/SWR DAVISON AUTO 49475 REFUND-WTWSWR BRUCE REDDICK 49476 REFUND-WTR/SWR SANDgrRUM HOMES 49477 REFUND-WTR/SWR ZOLIK KOSHKAROFF 012227 2111100 012285 2/11100 012305 2/11100 012448 2/11100 012462 2111100 012470 21111{30 013009 2111100 O13023 2/11/00 013198 2/11/00 013350 2/11/00 014029 2/11/00 014031 2/11/00 O14044 2/11/00 014055 2/11/00 O14057 2/11/00 O1424O 2/11/00 014690 2/11/00 015040 2/11/00 015065 2/11/00 015095 2/11/00 015330 2/11/00 015340 2/11/00 O1542O 2/11/00 017314 2/11/00 018017 2/11/00 O18580 2/11/00 018605 2/11/00 019055 2/11/00 019220 2/11/00 020040 2/11/00 02009O 2/11/00 02O095 2/11/00 021180 2/11/00 022422 2/11/00 O2246O 2/11/00 022630 2111100 025045 2/11/00 045525 2111100 021044 2117100 015255 2117100 VOID VOID VOID NONE 2118100 NONE 2/18/00 NONE 2118100 NONE 2/18/00 NONE 2/1.8/00 NONE 2/18/00 $36.52 8]) $86.O8 $1,202.00 $1,332.46 $144.59 $20.00 $18.25 $2,473.85 $20,681.25 $1,230.14 $439.8O $349.98 $101.75 $1,706,80 $25.00 $13.oo $137.70 $488.10 $1,363.24 $253.2O $585 28 $194.10 $24,193.19 $74.10 $132.69 $450.00 $100.00 $42.93 $217.00 $104.00 $297.00 $7,268.59 $171.28 $24.75 $449.13 $499.85 $447.50 $38.00 $490.80 $133.52 $0.00 $0.00 $0.00 $275.00 $4.16 $13.26 $17.97 $14.90 $36.4O Page 3 A/P CHECK LISTING FOR THE MONTH OF FEBRUARY 2000 49478 REFUND-WTR/SWR 49479 REFUND-WTR/SWR 49480 REFUND-WTR/SWR 49481 SUPPLIES-WWTP 49482 SERVICES-TRANS 49483 SUPPLIES-TRANS 49484 SERVICES-ENG 49485 SERVICES-POLICE 49486 SERVICES-ENG 49487 SUPPLIES-WWTP 49488 SERVICES-PARKS 49489 SERVICES-ENG 49490 SERVICES-PARKS 49491 SERVICES-PARKS 49492 SERVICES-PARKS 49493 SUPPLIES-STREET 49494 SERVICES-POLICE 49495 SERVICES-HOUSING 49496 SERVICES-PUB WKS 49497 RETAINAGE-PUB WKS 49498 SERVICES-WWTP 49499 SUPPLIES-WWTP 49500 SERVICES-ADMIN 49501 SUPPLIES-PARKS 49502 SERVICES-POLICE 49503 SERVICES-PUB WKS 49504 SERVICES-POLICE 49505 SERVICES-VARIOUS 49506 SERVICES-PUB WKS 49507 SERVICES-WWTP 49508 SERVICES-ADMIN 49509 SUPPLIES-ADMIN 49510 SUPPLIES-WWTP 49511 SERVICES-PUB WKS 49512 SERVICES-V%qNTP 49513 SERVICES-LIBRARY 49514 SERVICES-VARIOUS 49515 SERVICES-STREET 49516 SERVICES-WWTP 49517 SERVICES-PUB WKS 49518 SUPPLIES-POLICE 49519 SERVICES-HOUSING 49520 SERVICES-PUB WKS 49521 SUPPLIES-VARIOUS 49522 SERVICES-HOUSING 49523 SUPPLIES-C GARAGE 49524 SERVICES-HOUSING 49525 SUPPLIES-PARKS 49526 SERVICES-PARKS FRED FROLOV HILLIGOSS HOMES CENTEX HOMES DALE FRASER SALES KATHY MCCLASKEY AMER RED CROSS LORMAN EDUCATION SERV LINN CTY SHERIFF EVENT SOLUTIONS OR PUBLIC BROAD LEE ALAN RENGERT AEROTEK INC ARCH PAGING AT&T AT&T WIRELESS BEN KO MATIC INC BULLARD,KORSHO3 SMITH CARPET WHSE CH2M HILL CITY OF WOODBURN CLACKAMAS COMM COLL CLACKAMAS LOCK COMMWORKS INC CONSOLIDATED PLASl-[CS CORP D~qSION CRANE & MERSETH CRYSTAL SPRING W'I-R DAILY 3OURNAL DE HAAS & ASSOC DEFT OF ENV QUALITY DUTY FENCE CO FAMILIAN NW FISHERS PUMP 3AMES W FOWLER CO FRONTIER INDUSTRL4L GE CAPITAL ROBERT W GIBSON HIRE CALLING IKON OFFICE KERR CONTRACTORS LEGISLATIVE COUNSEL MCLARENS CARPET M/D CONTROLS SYS METROFUELING MEYER & 3ONES CONST MIl I FR MACHINE MIRACLE TOUCH PAINT NATL CHEMSEARCH NATL EEC & PARKS NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE 000535 000623 OOO655 001200 001584 002175 002478 002525 002550 O02558 002721 002768 002878 002896 002919 OO3O20 003108 003205 003307 005030 005147 005215 005362 006079 006175 007240 008119 010067 011200 012398 012405 01244.8 012452 012508 012512 013030 013090 2/18/oo 2../18/00 2/18/oo 2/18/oo 2/18/00 2/18/00 2/18/oo 2/18/00 2/18/oo 2/18100 2/18/oo 2/18/oo 2118100 2/18/00 2/18/oo 2/18/oo 2/18/oo 21181oo 2/18/00 2/18/00 21181oo 2/18/oo 2/18/oo 211810o 211810o 21181oo 21181oo 21181oo 21181o0 21181oo 2/18/oo 2118100 2118100 2/18/oo 2/18100 2118/00 2/18/oo 2/18/oo 2118100 2/18/oo 2/18/oo 2/18/oo 2/18/00 2118100 2/18/00 2118100 2/18/00 2/18/00 2/18/00 $45.73 8D $7.45 $7.45 $67.00 $30.00 $105.00 $438.00 $1o.oo $370.00 $25.00 $6s.oo $140.00 $15.92 $11.60 $14.03 $474.23 $87.10 $1,930.00 $24,676.54 $54,142.93 $1oo.oo $220.00 $3,204.00 $295.86 $60.00 $23,675.69 $47.00 $58.51 $2,964.05 $163.29 $3,984.00 $514.35 $88.34 $1,028,715.77 $2,765.00 $166.09 $1,855.80 $~6.38 $49.11 $30,878.51 $310.00 $2,038.13 $1,530.00 $289.25 $T;.00 $3,~80.00 $6,850.00 $714.24 $60.00 Page 4 A/P CHECK LiSTING FOR THE MONTH OF FEBRUARY 2000 49527 SUPPLiES-LIBRARY 49528 SERVICES-WWTP 49529 SUPPLIES-WATER 49530 SERVICES-~G 49531 SERVICES-POLICE 49532 SUPPLIES-I TBRARY 49533 SERVICES-ENG 49534 SERVICES-PARKS 49535 SERVICES-HOUSING 49536 SUPPLIES-PARKS 49537 SUPPLiES-WWTP 49538 SERVICES-STREET 49539 SUPPLiES-WWTP 49540 REIMBURSE-POI TCE 49541 SUPPLIES-PARKS 49542 SUPPLiES-VVWTP 49543 SUPPLiES-WWTP 49544 SERVICES-ENG 49545 SUPPLIES-VARIOUS 49546 SUPPLiES-STREET 49547 SERVICES-ENG 49548 SERVICES-PARKS 49549 SERVICES-PLANNING 49550 SERVICES-PUB WKS 49551 SUPPLIES-WWTP 49552 SERVICES-WATER 49553 V O I D 49554 V O I D 49555 V O I D 49556 SUPPLIES-COUNC/L 49557 REFUND-WTP,/SWR 49558 SERVICES-ADMIN 49559 SERVICES-LIBRARY 49560 SERVICES-VAR/OUS 49561 SUPPI tF-S-STREET 49562 SERVICES-VARIOUS 49563 SUPPI tES-w~;rP 49564 SERVICES-WATER 49565 SERVICES-VAR/OUS 49566 SUPPLIES-PARKS 49567 SERVICES-STREET 49568 SERVICES-POLICE 49569 SERVICES-POLICE 49570 SUPPLIES-PARKS 49571 SUPPLIES-PARKS 49572 SUPPLIES-VAR/OUS 49573 SUPPLIES-PARKS 49574 SUPPLIES-PARKS 49575 SUPPLIES-PARKS NETWORK GENERATIONS NICOLI ENGINEER NORTH COAST ELEC NW GEOTECH NW NATURAL OFF/CE DEPOT ONS1TE ENVIRON OR REC & PARKS BRIAN PASCOE CONST PEPSI COLA CO PLAT1' ELECI'R~C PORT GENERAL ELEC ]ACK RAWLINGS SCO'1-1' RUSSELL SAFFRON SUPPLY SEARS COMMERC/AL SPENCER ENVIRON TEK SYSTEMS US OFFICE PRODUCTS TRAFFIC SAFETY SUPPLY WILHELM ENGINEERING WOLFERS HEATING WBN FAMILY CLINIC WBN INDEPENDENT ZEE MEDICAL SERV VALLEY MAILING VOID VOID VOID RbH UPHOLSTERY WINDSOR PROP ODDA SALEM PUB LIB AbA PEST CONTROL AG WEST SUPPLY AIR TOUCH CELLULAR ALL PURE CHEM AMTEST OREGON ARAMARK UNIFORM AWARDS & ATHLE1/CS AT&T AT&T LANGUAGE LINE ROBERT BALDWIN HOUSEHOLD BANK BEN FRANKLIN BIMART CORP CASCADE COLUMBIA CLACKAMAS LOCK 013162 2/18/00 013192 2/18/00 013215 2/18/00 013287 2/18/00 013350 2/18/00 014029 2118100 014055 2/18/00 014431 2/18/00 015171 2/18/00 015225 2118100 015340 2/18/00 015420 2/18/00 017054 2/18/00 017346 2/18/00 018020 2/18/00 018318 2/18/00 018691 2/18/00 019046 2/18/00 019100 2/18/00 019220 2/18/00 022322 2/18/00 022460 2/18/00 022587 2/18/00 O2263O 2/18/00 025070 2/18/00 021044 2/24/00 VOID VOID VOID NONE 2/25/00 NONE 2/25/00 NONE 2/25/00 NONE 2/25/00 000011 2/25/00 O00096 2/25/00 O00113 2/25/00 000136 2/25/00 000400 2/25/00 000534 2/25/00 000580 2/25/00 000623 2/25/00 000659 2/25/00 OO1O71 2/25/OO O01199 2/25/OO OO12O5 2/25/O0 001275 2/25/00 002218 2/25/00 002226 2/25/00 002558 2/25/00 $575.00 8D $15,446.54 $269.25 $1,263.25 $1,006.22 $11.97 $903.60 $255.OO $3,494.00 $585.05 $211 .O9 $10,106.60 $352.01 $69.61 $76.39 $359.95 $85.OO $460.00 $1,397.42 $826.50 $1,160.85 $216.30 $37.50 $26.25 $170.10 $190.00 $0.00 $0.00 $0.00 $147.72 $115.66 $125.00 $10.00 $137.50 $90.63 $1,092.39 $1,920.00 $225.75 $892.87 $32.50 $23.35 $415.71 $137.32 $807.70 $21.94 $285.25 $905.00 $175.60 $19.50 Page 5 A/P CHECK LIs-rING FOR THE MONTH OF FEBRUARY 2000 49576 49577 49578 49579 49580 49581 49582 49583 49584 49585 49586 49587 49588 49589 49590 49591 49592 49593 49594 49595 49596 49597 49598 49599 49600 49601 49602 49603 496O4 496O5 49606 49607 496O8 496O9 49610 49611 49612 49613 49614 49615 49616 49617 49618 49619 49620 49621 49622 49623 49624 SUPPLIES-VARIOUS SUPPLIES-PARKS SERVICES-LIBRARY SUPPLIES-VARiOUS SUPPLIES-POLICE REIMBURSE-PLAN SERVICES-PARKS SUPPLIES-VARIOUS SERVICES-WWTP SERVICES-POLICE REIMBURSE-PUB WKS SUPPLIES-VARIOUS SERVICES-PARKS SERVICES-POLiCE SERVICES-STREET SUPPLIES-VARIOUS SERVICES-FINANCE SERVICES-PARKS RENT-POLICE SERVICES-STREET SUPPLiES-VARIOUS SUPPLIES-POLICE SUPPLIES-PARKS SUPPLIES-WATER SUPPLIES-VARIOUS SERVICES-HOUSING SUPPLiES-VARIOUS SERVICES-PARKS SERVICES-HOUSING SUPPLiES-BUILD SERVICES-PARKS SERVICES-ADMIN SUPPLiES-ENG SUPPlES-STREET SERVICES-PARKS SERVICES-PUB WKS SERVICES-NON DEFT SERVICES-PARKS SUPPLiES-FINANCE SUPPLiES-PARKS SUPPLIES-PARKS SERVICES-ADMIN SERVICES-WATER SERVICES-PARKS SUPPLIES-PARKS SUPPLIES-STREET SUPPLiES-VARZOUS SERVICES-POLICE SERVICES-ENG COASTAL FARM COASTWIDE LAB DAILY 30URNAL DAVISON AUTO DAVISON AUTO NANCY DEVAULT ENGELMAN ELECTRIC FARM PLAN FIRST CASCADE CORP FOTO MAGIC LYNN GERSTNER GW HARDWARE C.] HANSEN CO HILLYERS MID CITY HIRE CALLING IND WELDING SUPPLY IKON TECH SERV IOS CAPITAL KEY INVEST PROP KITFE~N & ASSOC L&L BUILDING LiGHTNING POWDER LINCOLN EQUIPMENT L1TFLE CHEMICAL METROFUELING METRO OVERHEAD DOOR MR P'S AUTO PTS MUFFLERS HITCHES NAGL FLOOR NATL BUSINESS FURN NEXTEL COMM NOMARCO CONST NORTH COAST ELEC NORTHSIDE FORD NW ELEVATOR ONE CALL CONCEPTS OR DEFT OF ADMIN OR REC & PARKS ASSOC PACIFIC PRINTERS 3D PENCE AQUATIC PEPSI COLA CO PROFESSIONAL VIDEO RADIX CORP R-CO PAVING ROTHS IGA SAFFRON SUPPLY SLATER COMM TEK SYSTEMS 002625 002626 003020 003080 003081 003218 004190 005062 005130 005258 006140 006405 007055 007228 007240 008100 008117 008118 O10080 010093 011010 011230 011250 011285 012448 012451 012510 012655 013004 013023 013188 013195 013215 013225 013275 01405~ 014198 014431 015058 015223 015225 015552 017035 017090 017340 018020 018300 018522 019046 2/25/00 2/25/00 2/25100 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/oo 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/OO 2/25/OO 2/25/00 2/25/OO 2/25/0O 2/25/0O 2/25/OO 2/25/OO 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25100 2/25/00 2/25/OO $284.50 $829.54 $34.13 $989.88 $12.68 $51.75 $210.21 $87.28 $48,689.00 $89.2O $63.94 $1,862.57 $410.00 $280.78 $466.38 $57.00 $1,800.00 $339.55 $3,488.00 $429.86 $488.40 $352.40 $136.32 $49.90 $1,260.66 $606.00 $82.50 $155.70 $3,950.00 $325.O0 $292.70 $7,700.00 $54.1o $135.16 $300.00 $122.40 $150.00 $65.00 $371.12 $779.20 $311.65 $245.05 $256.74 $3,243.00 $16.88 $819.00 $159.76 $116.8~ $460.00 8D Page 6 A/P CHECK LISTING FOR THE MONTH OF FEBRUARY 2000 49625 SUPPI. IES-VA~OUS 49626 SUPPLZES-VARIOUS 49627 SERVICES-PARKS 49628 SERVZCES-FINANCE 49629 SUPPLIES-ENG 49630 SUPPLZES-VARIOUS 49631 SUPPI tES-WWTP 49632 SUPPLIES-PARKS 49633 SERViCES-CABLE TV 49634 SUPPI tES-W~,q'P 49635 SUPPLIES-STREET 49636 SUPPLIES-PLAN 49637 REIMBURSE-RSVP 49638 REIMBURSE-RSVP 49639 REiMBURSE-RSVP 49640 R[]MBURSE-RSVP 49641 REIMBURSE-RSVP 49642 REIMBURSE-RSVP 49643 REIMBURSE-RSVP 49644 REIMBURSE-DAR 49645 REiMBURSE-DAR 49646 REIMBURSE-DAR 49647 REiMBURSE-DAR 49648 REIMBURSE-DAR 49649 REIMBURSE-DAR 49650 REIMBURSE-DAR 49651 REIMBURSE-DAR 49652 REiMBURSE-DAR 49653 REiMBURSE-DAR 49654 PETTY CASH-VAI~OUS US OFFICE PRODUCTS UNOCAL ERNIE GRAHAM UNITED DISPOSAL US WEST COMM VAN WATERS WALMART STORES WESTERN POWER WILL RED CROSS WBN COMM ACCESS TV WBN FERT[/TZER WBN RADIATOR YES GRAPHICS CHARLES MOHLER ALMEDA QUIR~NG MARIAN REED .JUNE WOODCOCK I:LtCHARD SNYDER STEVE STURN .]AY WOODS KARL ANDERS DOROTHA BORLAND CORNELIUS DONNELLY LEONARD GIAUQUE FRED HAYES 3 WARD O'BRIEN MARILYN PARADIS 3OAN PREZEAU GERTRUDE REES STEVE STURN CITY OF WOODBURN 019100 020010 020020 020095 021094 022035 022228 022328 022547 022590 022700 024025 035555 035608 035615 035648 035655 035664 035763 045070 O45100 045230 045290 045315 045497 045512 045525 045545 045585 015255 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/25/00 2/29/00 $216.26 $1,337.55 $504.60 $216.00 $1,105.20 $32.31 $153.74 $20.00 $1,350.00 $1,320.79 $2O0.00 $57.50 $5.40 $12.00 $11.70 $16.80 $33.60 $26.O0 $33.60 $13.00 $101.00 $104.50 $101.25 $105.50 $127.75 $27.50 $246.50 $42.25 $157.75 $137.78 $1,487,172.85 8D Page 7 SE March 13, 2000 TO: FROM: SUBJECT: Mayor and City Council John C. Brown, City Administrator"---- Letter of Support for P~__~_~e~ger Train Service Feasibility Study Recommendation: It is recommended the City Council approve and authorize the Mayor to sign the attached letter of support. Back~ound: In 1999 an ad-hoc committee was formed, comprised of citizens, business owners, and officials from Marion County communities interested in exploring the feasibility of establishing limited passenger train service. The Committee proposes to initiate recreational passenger train service between the communities of Woodburn, Mt. Angel, Silverton, Stayton, Sublimity, and Salem via the Willamette Valley Railroad. The Committee has also discussed expanding the recreational service into limited commuter passenger service. Council Figley recently attended a Committee meeting, and subsequently held a public meeting to determine local interest for rail service. The meeting concluded with agreement from approximately 30 participants that: a dinner train from Woodburn through Mt. Angel to Silverton or Stayton should be established; Woodburn's steam locomotive could be restored and put into excursion service; and commuter service between locations North and South could improve traffic congestion in Woodbum while providing an alternative to the automobile for visitors to area attractions. The group also discussed potential benefits to area tourism and downtown revitalization, and preservation of the City's rail history. The Committee seeks Woodburn's support of an application to fund a feasibility study, from the Oregon Rural Investment Fund. The Fund has $700,000 available on a competitive basis to the Marion, Polk, and Yarnhill County region in the current biennium. The study is estimated at $50,000 - $ 70,000. Mid-Willamette Council of Governments (COG) staff will prepare the application. The application deadline for this biennium is spring, 2000. The attached letter responds to the Committee's request, based on the interest shown at Council Figley's meeting. As the letter will not obligate the City to any funding commitments, and may advance the initiation of passenger rail service and its attendant benefits to Woodburn, the City Council's approval of the recommended action is respectfully requested. CITY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 March 13, 2000 8E Grant Review Committee Oregon Rural Investment Fund c/o Ray Teasley, Mid-Willamette Valley Council of Governments 105 High Street SE Salem, OR 97301 SUBJECT: Funding for a Feasibility Study to Establish Recreational and Commuter Rail Service in Marion County Dear Mr. Teasley: This reflects the City of Woodbum's interest in establishing recreational passenger train service between Woodburn and eastern Marion County, and commuter service between Woodbum and areas North and South. In that regard, I offer Woodbum's support for an award from Oregon Rural Investment Funds to study its feasibility. The City of Woodbum shares a common desire with our surrounding communities to enhance our economic and cultural resources. The Mid-Willamette Valley is home to some of Oregon's most popular tourist attractions. Woodburn's Tulip Festival, Mt. Angel's Octoberfest, St. Paul's Rodeo and Sublimity's Harvest Festival represent just a few of our established tourist events. Silverton's Oregon Gardens will provide further opportunity to attract visitors to the area. Recreational passenger train service in this end of the Willamette Valley would expand the region's tourist and cultural resources and provide a transportation linkage between them. As a commercial hub in North Marion County, Woodburn is experiencing tremendous pressure on its transportation infrastructure and at its connections to statewide and interstate transportation infrastructure. Commuter train service could offer a viable alternative to the automobile for many of our residents who work elsewhere, and for the residents of surrounding areas who come to work here. Because of the number of jurisdictions and private interests who could be . involved, and economic questions regarding the viability of recreational and commuter rail service, a feasibility study needs to be undertaken. The feasibility study should provide an analysis of the rail infrastructure needs, regulatory requirements, and business Mr. Ray Teasley Marchl3, 2000 Page 2. 8E plan components necessary for a successful tourist train operation. Accordingly, the City of Woodburn supports exploring the feasibility of establishing recreational and commuter rail service, and the successful award of Oregon Rural Investment Funds to finance a feasibility study. If you have any questions regarding the City of Woodburn's support for this issue please contact John C. Brown, City Administrator, at (503) 982-5228. Sincerely, Richard Jennings Mayor RJ/JCB llA MEMO TO: FROM: SUBJECT: DATE: City Council through City AdministratO~ Public Works Program Manager Capital Purchase Grant Agreement for Transit Bus March 7, 2000 RECOMMENDATION: Approve the attached resolution entering into ODOT Grant Agreement No. 17742 with the State of Oregon for capital purchase assistance for a new transit bus and authorizing the mayor and city recorder to sign the agreement on behalf of the city. BACKGROUND: The city has in the past received capital purchase assistance for transit vehicles from the Federal Transit Administration's Section 5311 program for small cities and rural areas. These federal funds are administered by the Oregon Department of Transportation and the city has a bus purchase identified in the current ODOT Statewide Transportation Improvement Program. This agreement provides for $121,325 in assistance for the purchase of a transit bus. The agreement does provide a better match ratio than has been standard for these agreements. The city match is 10.27% compared to the 20% that is normal in federally funded capital purchase grants. The reason for the reduced rate is that federal Special Transportation Program (STP) funds are being transferred to the Federal Transit Administration's Section 5311 program for small cities and rural areas for this capital purchase program. The STP funds carry the lower match requirement with them. The agreement has been simplified and modified this year. Much of the federal regulation information has been deleted since the city signs separate "Certifications and Assurances" that federal law will be complied with as part of transit operations. The agreement is similar in content to an operating assistance agreement that the city entered into in July 1999. The city attorney has reviewed and signed the agreement. Staff recommends that the resolution authorizing entering into the agreement be signed. 11A COUNCIL BILL NO. RESOLUTION NO. 2030 A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 17742 WITH THE STATE OF OREGON AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS, the State of Oregon acting through the Oregon Transportation Commission is authorized to enter into agreements and disburse funds for the purpose of supporting public transportation pursuant to ORS 184.670 to 184.733, and WHEREAS, the City of Woodburn applied for public transportation capital assistance funds for Fiscal Year 1999-2000 under Title 49, United States Code, Chapter 5311, Small City and Rural Areas Program, and WHEREAS, the State of Oregon, Department of Transportation, has been designated to evaluate and select recipients of assistance from federal funds available under the Small City and Rural Areas Program, to coordinate grant applications and to administer the disbursement of the federal assistance, and WHEREAS, the State of Oregon, Department of Transportation, has approved $121,135 for capital assistance for the City of Woodburn from Special Transportation Program transfers which are part of the FY 99-00 5311 Program of Projects, NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into Grant Agreement No. 17742, which is affixed as Attachment "A" and by this reference incorporated herein, with the State of Oregon acting by and through its Department of Transportation to secure Federal Special Transportation Program funds which are part of the FY 99-00 5311 Program of Projects for the purpose of supporting public transportation. Page 1- COUNCIL BILL NO. RESOLUTION NO. 11A Section 2. That the Mayor and City Recorder of the City of Woodburn are authorized to sign said agreement on behalf of the City. Approved as to form: City Attorney Date APPROVED: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon llA ATTACHMENT "A" Due to the length of the attachment it has not been included with the Council packet. It will be available for review at the Public Works office or at the council meeting. llB/C MEMO TO: FROM: SUBJECT: City Council through City Administrato~ Public Works Program Manager Amendments to Oregon Economic Development Financial Assistance Award Contracts DATE: March 7, 2000 RECOMMENDATION: Approve the attached resolutions entering into amendment number 2 to two Oregon Economic Development Department Financial Assistance Award Contracts. BACKGROUND: The city in 1997 and 1998, respectively, entered into Special Public Works Fund (for Woodland Avenue improvements) and Water/Wastewater Financing Program (for Mill Creek force main) Financial Assistance Award Contracts with the state through the Oregon Economic Development Department. The projects funded by these two programs are complete and the city is in the process of closing out both projects with Economic Development. In order to make final reports and close out both projects, interest earnings that both of these loan and grant financing programs earned before funds were dispersed must be included in the Financial Assistance Award Contracts. The city incurs no additional obligations as a result of these amendments. The two attached amendments include those interest earnings in the applicable contracts and staff recommends they be approved. lib COUNCIL BILL NO. RESOLUTION NO. 2031 A RESOLUTION ENTERING INTO AMENDMENT NUMBER 2 TO WATER/WASTEWATER FINANCING PROGRAM FINANCIAL ASSISTANCE AWARD CONTRACT G98002 WITH THE STATE OF OREGON AND AUTHORIZING THE MAYOR TO SIGN SAID AMENDMENT. WHEREAS, the City of Woodburn entered into a Water/Wastewater Financing Program Financial Assistance Contract G98002 for Mill Creek force main improvements with the State of Oregon acting by and through its Economic Development Department on July 15,1998, and WHEREAS, the Water/Wastewater Financing Program assistance project for Mill Creek force main improvements has been completed and the city is preparing to close the project, and WHEREAS, the Economic Development Department has determined that before this financial assistance contract can be closed that the contract must be amended to reflect interest earnings that occurred after the contract was entered into, NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into Amendment No. 2 to Water/Wastewater Financing Program Financial Assistance Contract G98002, which is affixed as Attachment "A" and by this reference incorporated herein, with the State of Oregon acting by and through its Economic Development Department for Mill Creek force main improvements. Page 1- COUNCIL BILL NO. RESOLUTION NO. 1lB Section 2. That the Mayor of the City of Woodburn is authorized to sign said amendment on behalf of the City. Approved as to form: City Attorney Date APPROVED: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon AMENDMENT TO CONTRACT BETWEEN: State of Oregon Economic and Community Development Department 775 Summer Street NE Salem, OR 97301-1280 AND: Recipient Project Name: City of Woodburn Mill Creek Force Main ATTACHMENT Page / of Project No. G98002 Amendment No. 2 llB Original Contract Date: July 15, 1998 Amendment Requested by:___ Recipient Project Termination Date: December 1, 1999 Economic and Community Development Department The agreement between the City of Woodbum and the S{ate of Oregon for the above-named project requires amendment for: (fi) the following: Attached hereto is a revised project budget, Exhibit A, that reflects the interest earnings received by the city. This budget replaces Exhibit B in the Loan Agreement. It is understood that this amendment does not alter, remove or modify any other section of the original contract. CITY OF WOODBURN By: Richard Jennings, Mayor Date signed STATE OF OREGON By: Betty Pongr~tcz, Manager Valley/Mid-Coast Team Date signed Program Deve~xxmmNem;1572.wl~d ("-,I 0 oo .~. ATTACHMENT '/~ Page ~ of ~ 11C COUNCIL BILL NO. 2032 RESOLUTION NO. A RESOLUTION ENTERING INTO AMENDMENT NUMBER 2 TO SPECIAL PUBLIC WORKS FUND FINANCIAL ASSISTANCE AWARD CONTRACT B97002 WITH THE STATE OF OREGON AND AUTHORIZING THE MAYOR TO SIGN SAID AMENDMENT. WHEREAS, the City of Woodburn entered into a Special Public Works Fund Financial Assistance Contract B97002 for Woodland Avenue improvements with the State of Oregon acting by and through its Economic Development Department on September 9, 1997, and WHEREAS, the Special Public Works Fund assistance project for Woodland Avenue improvements has been completed and the city is preparing to close the project, and WHEREAS, the Economic Development Department has determined that before this financial assistance contract can be closed that the contract must be amended to reflect interest earnings that occurred after the contract was entered into, NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into Amendment No. 2 to Special Public Works Fund Financial Assistance Contract B97002, which is affixed as Attachment "A" and by this reference incorporated herein, with the State of Oregon acting by and through its Economic Development Department for improvements to Woodland Avenue. Page 1- COUNCIL BILL NO. RESOLUTION NO. llC Section 2. That the Mayor of the City of Woodburn is authorized to sign said amendment on behalf of the City. Approved as to form:~'~'~ ~ City Attorney APPROVED: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon AMENDMENT TO CONTRACT llC ATTACHMENT Page ~,,, of BETWEEN: State of Oregon Economic and Community Development Department 775 Summer Street NE Salem, OR 97301-1280 AND: Recipient Project Name: City of Woodbum Project No. B97002 Woodland Avenue Improvements (Waremart, Inc.) Amendment No. 2 OriginalContract Date: October 10, 1996 Amendment Requested by:~ Recipient Project Termination Date: September 26, 1999 Economic and Community Development Department The agreement between the City of Woodburn and the State of Oregon for the above-named project requires amendment for: (t/) the following: Attached hereto is a revised project budget, Exhibit A, that reflects the interest earnings received by the city. This budget replaces Exhibit B in the Loan Agreement. It is understood that this amendment does not alter, remove or modify any other section of the original contract. CITY OF WOODBURN By: Richard Jermings, Mayor Date signed STATE OF OREGON By: etty Pon~acz, Manager Valley/Mid-Coast Team .z/zz Date signed MEMO TO: FROM: DATE: SUBJECT: City Council through City Administrator~~ ~ Public Works Director~ ~ ~ January 6,2000 Professional Engineering Services Agreement for East Hardcastle Street llD RECOMMENDATION: Approve attached resolution that allows the city to enter into an agreement with DeHaas and Associates in the amount of $58,400 for professional engineering services to improve East Hardcastle Street. BACKGROUND: The street capital improvement plan adopted by the city indicates that the engineering design activities need to be started to improve East Hardcastle Street soon after Front Street engineering nears completion. The attached resolution, if approved, will allow city to enter into agreement with DeHaas and Associates to perform engineering services for East Hardcastle Street. There is another engineering consultant chosen for Boones Ferry Road, however, Front Street work will be done by DeHaas and Associates. The commencement of engineering design services for East Hardcastle Street is not urgent at present; however, it will be cost effective if some work is completed while work activities are being performed on other projects. The city has installed a sidewalk on the south side of Hardcastle Street to improve pedestrian safety, and street is scheduled for construction in the year 2002-03. The completion of engineering design earlier is likely to facilitate development of a suitable funding package with cost sharing that is more acceptable to the property owners. The scope of work has been reviewed by the engineering staff and the legal portion of the contract has been reviewed, modified and approved by the city attorney. Attachments: Resolution Contract Agreement: Legal Body/Scope of Work/Compensation GST:Ig OST~.OMTS~3eHaas~E.Hardcastle 11D COt NCm NO. 2033 RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH DEHAAS AND ASSOCIATES INC. FOR PROFESSIONAL ENGINEERING CONSULTING SERVICES TO PROVIDE DESIGN IMPROVEMENT PLANS FOR EAST HARDCASTLE AVENUE STREET IMPROVEMENTS AND AUTHORIZING THE MAYOR AND THE CITY RECORDER TO SIGN SAID AGREEMENT. WHEREAS, the City Council considers the improvement of East Hardcastle Avenue from Pacific Highway 99E Easterly to the existing city boundary approximately 100 feet east of Heritage Avenue to be necessary and beneficial; and WHEREAS, Consultant professional engineering services are needed now to complete the design of the street improvements, and WHEREAS, De Haas and Associates, a professional engineering consultant, has provided engineering consultant services to the city on other similar projects and were satisfactory to the city; and WHEREAS, a proposed agreement for professional services has been prepared and agreed to by De Haas and Associates, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with DE HAAS and Associates, Inc. for professional engineering services to provide design improvement plans for the East Hardcastle Avenue Street Improvement, which is attached hereto as Attachment "A" and by this reference incorporated herein. Section 2. authorized to sign said agreement. That the Mayor and the City Recorder, on behalf of the City are Approved as to form: City Attorney Date APPROVED: Richard ~Iennings, Mayor Page 1 - COUNCIL BILL NO. RESOLUTION NO. ATTACHMENT m . CITY OF WOODBUILN Page .._L_ of ~ PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into as of the date first indicated on the signature page, by and between the City of Woodburn, Woodbum, Oregon, (hereinafter referred to as the "City"), and DeHaas & ~iates, Inc., (hereinafter referred to as "ConsulUmt"). WHEREAS, City requires sea-vices, which Consultant is capable of providing, under terms and conditions heremdter described and; WHEREAS, Consultant represents that it is qualified on the basis of specialized experience and technical competence and prepared to provide such services as City does hereinafter require; NOW, THEREFORE, in consideration of those mutual promises and the terms and conditions set forth hereafter, the parties agreed as follows: The term of this Agreement shall be from the date of execution by both parties until tasks required hereunder are complete and accepted, unless earlier terminated in accordance herewith. ~ONSULTANT'$ SERVICES B. 1 The scope of Consultant's services and time of performance under this Agreement are set forth in Exhibit A. All provisions and covenants contained in Exhibit A are hereby incorporated by reference and shall become a part of this Agreement as if fully set forth herein. B.2 All written documents, drawings, and plans submitted by Consultant and intended to be relied on for the project shall bear the signature, stamp or initials of Consultant or Consultant's authorized Project Manager. Any documents submitted by Consultant which do not bear Consultant's signature, stamp or initials or those of thc Consultant's authorized Project Manager shall not be rehed upon by City. Interpretation of plans and answers to questions covering plans given by Consultant or Consultant's Project Manager need not be put in writing unless requested by the City and may be relied upon by City. B.3 All Agreements on the Consultant's part are contingent upon, and the Consultant shall not be responsible for damages or be in default or be deemed to be in default by reason of delays in performance due to third party: strikes, lockouts, accidents, act of God, other delays unavoidable or beyond Consultant's reasonable control, or due to shortages or unavailability of labor at established area wage rates or delay caused by failure of the City or Ci~s agents to furnish information or to approve or disapprove the Consultant's work promptly, or due to late or slow, or faulty performance by the City, other conlractors, other consultants not under Consultant's control or governmental agencies, the performance of whose work is precedent to or concmrent with the performance of the Con,mltmt's work. In the case of the happening of any such cause of delay, the time of completion shall be extended accoraingly. and Consultant shall not be comqn~ as City's promise or B.4 The existence of this Agreement between City · unrelated to this public works Project- assurance that Consultant will be retained for future services B.5 Consultant shall maintain confidentiality of any private information and any public information which is exempt from disclosure under State or Federal law to which the Consultant may liave a~cess by reason of this Agreement. Consultant warrants that its employees assignal to work on sawices provided in this Agreanent shall maintain confidentiality. All agreements with respect to confidentiality shall survive the taminafion or expiration of this Agreement. liD C. C_ITY~S RESPONslBILITIEs Page 1- Agreement 9ROFESSIONAL SERVICI~ AGREF~ENT DEHAAS & ASSOCIATES, INC. EAST ~ AVENUE ~FREET IMPROVEMNT ATTACHgENT lid C.! Thc scope of City's responsibilities, including those of its Project Manager, are sc~ forth in Exhibit B, which is at~ached hereto and incorporated herein. C2 City certifies that sufficient funds arc availablc and anthori~ed cxpcnditurc to finanoe costs of this Agreement. COMPENSATION D. 1 Except as othcn~ss sst forth in this subsection D, City agr~a to pay Consultant a sum not to exceed $58,400.00 for performance of those ssrvic~ outlined in Exhibit A. Scape of Consultants Services for East Hardcastle Awmue Street Improvem~ts. However, compensation may be less than such maximum amount and shall be a~tually de~e~nined on an hourly basis as shown on the Rate S~hedul¢ attached as Exhibit C which is attached hereto and incorporated herein. Compensation shall be only for actual hours worked on this project and related direct ex~. Consultant shall furnish with each bill for scrvic~s an itc. mized statement showing the amount of hours devoted to the project by Consultant as well as any agents or employees of Consultant and any direct expenses. The above not to exceed sum does include Special Services Items 1-4 of Exhibit A, but does not include Special Services Items 5-7 of Exhibit A, these are optional and costs are difficult to estimate. Payment for such services shall be negotiated or at the Consultanfs standard hourly rate schedule (Exhibit C). D.2 During the course of Consultant's performance, if City or its Project Manager specifically request Consultant to provide additional services which ~re beyond the scope of the services described on Exhibit A, Consultant shall provide such additional services and bill the City at the hourly rates outlined on the attached Standard Hourly Rate Schedule, provided the parties comply with the requirements of Section R. No compensation for additional services shall be paid or owing unless both parties specifically agree to such additional compensation and services. D.3 Unless expressly sst forth on Exhibit A as a reimbursable expense item, Consultant shall only be entitled to the compensation ~mount specified in subsections D.1 ~nd D.2. Only those reimbursable expenses which are set forth on Exhibit A and itemized on Consult~mt's bills for services shall be the basis for which payment of those expenses by City shall be owing. D.4 Except for amounts withheld by City pursuant to this Agre~m~ent, Consultant will be paid for seawices for which an itemized bill is received by City within 30 clays. D.5 City shall be responsible for payment of required fees, payable to governmental agencies including, but not limited to plan checking, land use, zoning and all other similar fees resulting from this project, and not specific~ly covered by Exhibit A. D.6 Consultant's compensation rate includes but is not limited to salaries or wages plus fiinge benefits and contributions including payroll, taxes, worker's compensation insurance, liability inmranee, pension benefits, and similar conlributions and benefits. D.7 In thc event Consultant's responsibilities as described on Exhibit A have been separated into two or more phases, then Consultant shall not be entitled to ~my oompen~ti0n for work po-formed direcXly on a later category of responsibilities unless and until City specific, ally directs that Consultant to proceed with such work. CITY'S PROJECT MANACJER City's Project Manager is Randy T. Scott. City shall give Conmltant prompt written notice of any redesignation of its Project Manager. Page2-Agreement PROFESSIONAl. 8EIIVICES AG~ENT DEHAAS & AS$O(IL~TES, EAST ~ AVIiNUE STREET IMPROVEMNT ATTACHMENT ..~ Page...2.._. of / ~ CONSULTANT'S PROJECT MANAGER Consultant's Project Manager is Marlin DeHaas. In thc event that Consultant's designated Project Manager is changed, Consultant shall give City prompt written notification of such redesignation. In the event the City receives any communication from Consultant of whatsoever nature which is not executed by Consultant's designated Project Manager, City may request clarification by Consultant's Project Manager, which shall be promptly furnished. PROJECT IHFORMATION City shall provide full information regarding its requirements for the Project. Consultant agrees to share all project information, to fully cooperate with all corporations, firms, contractors, public utilities, governmental entities, and persons involved in or associated with the Project. No information, news or press releases to the Project, whether made to representatives of newspaper, magazines or television and radio stations, shall be made without the authorization of City's Project Manager. DUTY TO INFORM If at any time during the performance of this Agreement, or any future phase of this Agreement for which Consultant has been retained, Consultant becomes aware of actual or potential problems, faults or defects m the project or any portion thereof, any nonconformance with federal, state or local law, rule or regulation, or has any objection to any decision or order made by City with respect to such laws, rules or regulations, Consultant shall give prompt written notice thereof to City's Project Manager. Any delay or failure on the part of City to provide a written response to Consultant shall neither constitute agreement with nor acquiescenc~ to Consultant's statement or claim, nor constitute a waiver of any of City's fights. CONSULTANT IS INDEPENDENT CONTRACTOR 1.1 Consultant shall be and herein declares that it is an independent contractor for all purposes and shall be entitled to no compensation other than compensation provided for under paragraph D of this Agreement. Consultant brads itself, its partners, officers, successors, assigns and legal representatives to the City. Consultant shall be completely independent and solely determine the manner and means of accomplishing the end result of the Agreement, and City does not have the right to control or interfere with the manner or method of a~xnnplishing said results. City, however, has the right to specify and control the results of Consultant's responsibilities. 1.2 Subcontracting: City understands and agrees that only those special consulting se~ices identified on Exhibit A may be performed by those persons identified on Exhibit A and not by Consultant Consultant aclmowledges such services are provided to City pursuant to a subcon~xact(s) between Consultant and those who provide such services. Consultant may not ulilize any subcon~actors or in any way assign its responsibility under the Agreetmmt without first obtaining the express written consent of the City. 1.3 Consultant shall be responsible for and indemnify and defend City against any liability, cost or damage arising out of Consultant's use of such subcontractor(s) and suboontractor's negligent acts, omissions, or errors. Subcontractors will be required to meet the same insurance requirements of Consultant under this Agreement. Unless otherwise specifically agreed to by City, Consultant shall require that subcontractors also comply with and be subject to the provisions of this Section I. 1.4 Consultant shall make prompt payment of any claim for labor, materials or services furnished to the Consultant by any person in connection with this Agreement as such claim becomes due. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on account of a~j labor or matoSal furnished to or on behalf of the Consultant. If the Consultant fails, neglects or refuses to make prompt payment of any such claim, the City may pay such claim to the person furnishing tho labor, materials or services and charge the amount of the payment against funds due or to become due the Consultant under this Agreement. liD Page 3- Agreement PROFESSIONAL SERVICi~S AGREEMENT DE;HAAS & ASSOCIATES, INC. EAST HARDCASTLE AVENUE STREET IMPROVEMNT ATTACHMENT ~ , Page x_/- of /~ 1.5 No person shall be employed under the terms of this agreement as described herein m violation of all wage and hour laws. 1.6 Consultant shall make prompt payment as due to any person, co*pnrl~erstfip, association or ~orporation, furnishing medical, surgical and hospi~ care or o0~r n~led care and attention, incident to sickness or injury, to the employees of nh Consultant of all sums which the Consulter agre~ to pay for such services and all monies and sums which the Consultant collected or deducted from the wages of employees pursuant to nny law, contract or agreement for the purpose of providing or paying such service. i.7 Should Consultant elect to utilize employees on any aspect of this Agreement, Consultant shall be fully responsible for payment of all withholding required by law, including but not limited to taxes, including payroll, income, social security (FICA) and Medicaid. Consultant shall also be fully responsible for payment of salaries, benefits, taxes, Industrial Accident Fund contributions and all other charges on account of any employees. Consultant shall pay to Department of Revenue all sums withheld from employees pursuant ORS 316.167. All costs incident to the hiring of assistants or employees shall be Consultant's responsibility. Consultant shall indemni~., defend and hold City harmless from claims for payment of all such expenses. Unless otherwise expressly set forth on Exhibit A as a reimbursable expense item, specific costs associated with items set forth in this paragraph shall be deemed as fully and conclusively included in the rate upon which Consultants compensation is based. 1.8 No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the ground of sex, race, color, creed, marital status, age, disability or national origin. Any violation of this provision shall be grounds for cancellation, termination or suspension of the Agreement in whole or in part by the City. 1.9 Consultant shall comply with all applicable federal, state and local laws, rules and regulations. 1.10 Consultant shall pay all contributions required to be made by Consultant to the Industrial Accident Fund. (This provision is required by ORS 279.312(2)). 1.11 Consultant shall pay when due all ~]m-% including sums withheld Eom Consultant's employees which Consultant has agreed to pay to health care providers for treatment rexglcred to Consultant's employees. (This provision is required by ORS 279.301)1)). 1.12 No person employed pummnt to this contract shall be employed for more than eight hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where public policy, as determined by Owner, absolutely requires it. Employees shall be compensated at the rate of time and a half for all overtime worked in excess of 40 hours in one w~k, except for individuals who m-e excluded from r~ving overtime under ORS 653.010 to 653.260 of under 29 U.S.C. Sec. 201.209. (This provision is required by ORS 279.316). (Note: Persons who m~l the tests for executive, administrative or professional stares under these laws are exempt from payment of overtime wages). 1.13 Consultant shall payt° the Oregon Dq~nrtment °f Revenue alI sums withheld fr°m employees pm'sunnt to ORS 316.167. (This provision is required by ORS 279.310(4)). 1.14 To the maximum extent ~momically feasible, Consultant shall use re~cled paper in performing the contract work. (This provision is requir~ by ORS 79.555(e)). ,g~EM!qITY tCq-D INSURANCE Consultant acknowledges responsibility for liability arising out of the performance of this Agr~nent and the attachments thereto only nnd shall hold City harmless from and indemnify City of any and nil liability, settlements, loss, c~sts and expenses in o~x~qion with any action, suit or claim resulting or allegedly resulting from Consultant's negligent act, omissions, errors or willful miseonduc~ provided pursmmt to this Agreement or from llD Page 4- Agreement PROFESSIONAL SERVICES AGREEMENT DI~IAAS & ASSOCIATES, INC HAP, DK,~'TI.E AVENUE ~TREET IMPROVEMNT J.2 A*r*rAcHI~N"r. I~ge _,~.. or. Consultant's failure to perform its responsibilities as set forth in this Agre~nent. The review, approval or aec~tance by City, its Projeet Manager or City of Woodbum employees of documents or other work pmpm-ed or submitted by Consultant shall not relieve Consultant of its responsibility to provide suoh mat~ials in full oonformity with City's ~ents as set forth in this Agreement and to indemnify City from any and all costs and damages resulting from Consultaat's faihim to adhere to the stsmdard ofpcrformanoe desoribed in Section J.2.3. The provisions of this s~tion shall survive termination of this Agreement. City agre~ to indonnify and hold Consultant harmless from liability, settlements, losses, costs and expenses in conneofion with any aotion, suit or claim resulting or allegedly resulting from Ci~s negligent acts, omissions or from its willful misconduct as governed by ORS Chapter 30. Insurance Requir~nents and Consultants Standard of Care. J2.1 Consultant shall provide City with evidence of the following insurance coverages prior to the commencement of the work. A copy of each insurance policy, issued by a company currently licensed in the State of Oregon, and certified as a true copy by an authorized representative of the issuing company or at the discretion of the City, in lieu thereof, a certificate in a form satisfactory to City certifying to the issuance of such insurance shall be furnished to City. Unless specifically set forth on Exhibit A, expenses relating to the cost of insurance shall not be the basis for additional reimbursement to Consultant. J.2.2 The City agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property. J.2.3 In the performance of its professional services, the Consultant shall use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the Portland Metropolitan Area. The Consultant will reperform any sea-vices not meeting this standard without additional compensation. Consultant's repefformance of tory services, even ff done at City's request, shall not be considered as a limitation or waiver by City of any other remedies or claims it may have arising out of Consultant's failure to perform in accordance with the applicable standard of care or this Agreement. J.2.4 Consultant shall furnish the City a certificate evidencing the date, amount and type of insurance that has bee~ procured pm'smmt to this Agreement. All policies shall be written on an 'oceurrence basis", except for Consultant's Professional Liability Insurance which may be written on a "olsims made" basis, provided it shall endeavor to be maintained in full force for not less than four (4) years following Consultant's performance under this Agreement. All policies shall provide for not less than 30 days written notice to the City before they may be revised, non-renewed, or canceled. Tbe Consultant shall endeavor to provide for not less than 30 days written notice to the City before the policy coverage may be reduced. Excepting professional liability ~nd worker's 0rnntxa~sation coverage, all policies ~hall provide an e~dorsement naming the City, its officers, employe~ and agents as additional insure. In the event the policy lapses during pexfrmmmoe, the City may: treat said lapse as a breac~ t~minat~ this Agreem~t and seek damage~; withhold progre~ ~ts without impairing obligatiom of Consulumt to proce~ with woflq pay an ~ em'der (either Consultant's or a substitute) the premium amount aad withhold that amount from payments; smd use any other r~nedy provided by this Agreement or by law. llD J.2.5 Insurance Requirements. The Consultant, ils subeonlxaotors, ff any, and all employers working undex this Agreement arc subje0t gmployors under the Or~on Worker's Compensation Law and shall comply with ORS 656.017 whioh requires them to provide worker's compensation coverage for all their subjoot workers. The Consultant will maintain throughout this Agreement the following insumnoe: J.2.5.1 Worker's oornpensation and employers liability insurance as required by the State when: the work is performed. Page 5- Agreement PROFI~SIONAL SERVICES AGREI~dENT DEIIAAS & A,~OCIATi~, II~ EAS'T ~ AVENIJE STREE'r IMPRO¥'EMNT J.2.6 J.2.5.2 J.2.5.3 J.2.5.4 J.2.5.5 ATTACHMENT 4 ' Page ~ of ! % Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from the use of motor vehicles, including on-site and off-site operations, and owned, non-owned, or hired vehicle, with $500,000 combined single limits. Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of the Consultant or of any of its employees, agents or subcontractors, with $1,000,000 per occurrence and in the aggregate. Professional liability insurance of $500,000 per occurrence and in the aggregate, including contractual liability coverage. If Consultant proposes using subcontractors, in addition to any other requirements of this Agreement, City may require subcontractors to provide Professional Liability Insurance, provided the mount and form of coverage complies with requirements of paragraphs J.2.1., J.2.2, J.2.3, J.2.4 and J.2.5.4. City will be named as an additional insured with respect to Consultant's liabilities hereunder in insurance coverages identified in items J.2.5.2 and J.2.5.3. The coverage provided by these policies shall be primary and any other insurance carried by City is excess. Consultant shall be responsible for any deductible amoums payable under all policies of insurance. In the event a dispute arises between City and Consultant for which Consultant has obtained insurance, the maximum amount which may be withheld by the City for all such claims be no more than the amount of the applicable insurance deductible. liD ~_. EARLY T]~RMINATION. K. 1 This Agreement may be terminated prior to the expiration of the agreed upon terms; K. 1.1 By mutual written consent of the pm-ties; K1.2 By City for any reason within its sole discretion, effeotive uPon delivery °f written n°tice t° Consultant by mail or in person; and K. 1.3 By Consultant, effective upon seven days prior written notice in the event of substantial failure by the City to perform in accordance with the terms through no fault of the Consultant. K.2. I ff City terminates the Agreement in whole or in part due to default or failure of Consultant to perform services in accordance with this Agreement, City may procure, upon reasonable term~ and in a reasonable manner, serdces similar to those so terminated. In addition to any other remedies the City may have, Consultant shall be liable for all costs and dama~ incurred by City in procuring such similar services, and the Contract shall be in full force to the exttmt not terminated. K.3 K.4 If City terminates the Agreement for its own convenience, payngnt of Consultant shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Consultant agnlnst City under this Agreement. Termination under any pwvision of this paragraph shall not aff~t any right, obligation or liability of Consultant or City whioh aeeruod prior to suoh termination, Consultant shall surrender to City items of work or portions thereof, referred to in Paragraph 0 for which Consultant has received payment, or City has made payrmmt. City red,ins the fight to elect whether or not to proooed with actual c, onslxucAion of the project. Page 6- Agreement PROFESSIONAL SERVICES AGRF.,R~ENT DEllA'iS & AS,SOC:i&TllS, II~ ATTACHMENT Page ~ ,, of SUSPENSION OF WORK. City may suspend, delay or interrupt all or any part oftha work for such time as the City deems appropriate for its own convenience by giving written notice thereof to Consultant. An adjustment in the time of performance or method of compensation shall be allowed as a result of such delay or suspension unless the reason is within the Consultants control. City shall not be responsible for work performed by any subcontraotors after notice of suspemion is given by City to Consultant. Should the City suspend, delay or interrupt the work and the suspension is not within the Consultant's control, tlxm the City shall extend the time of completion by the length of the delay and the method of compensation shall be adjusted to reflect the Consultant's increase or decrease in its standard hourly rates. SUBCONSULTANTS AND ASSIGNMENTS M. 1 Unless expressly authorized in Exhibit A or Paragraph I of this Agreement, Consultant shall neither subcontract with others for any of the work prescribed herein, nor assign any of Consultant's rights acquired hereunder without obtaining prior written approval from City. Work may be performed by persons other than Consultant, provided Consultant advises City of the names of such subcontractors and the work which they intend to perform and the City specifically agrees thereto. Consultant acknowledges such services are provided to City pursuant to a subcontract(s) between Consultant and subcontractor(s). Except as otherwise provided by this Agreement. City incurs no liability to third persons for payment of any compensation provided herein to Consultant. Any attempted assignment of this contract without the written consent of City shall be void. Except as otherwise specifically agreed, all costs for services performed by others on behalf of Consultant shall not be subject to additional reimbursement by City. M.2 City shall have the right to let other agreements be coordinated with this Agreement. Consultant shall cooperate with other firms, enginee~ or subconsultants on the project and the City so that all portions of the project may be completed in the least possible time within normal working hours. Consultant shall furnish other en~neers and subeonsultants and affected public utilities, whose designs are fitted into Consultant's design, detail drawings giving full information so that conflicts can be avoided. ACCESS TO RECORDS City shall have access upon request to such books, documents, receipts, papers and records of Consultant as are directly pertinent to this Agreemont for the purpose of making audit, examination, excerpts, and transcripts for a period of four (4) years unless within that time City spe,ifi~y requests an extension. This clause shall survive the expiration, cxnnpletion or termination of this Agreement. WORK IS PROPERTY OF CITy A. Originals or oa'tified copies of the original work forms, including but not limited to documents, drawings, lraeings, surveying records, mylars, papers, diaries, inspection reports and photographs, performed or produced by ConsuRant under this Agreem,mt shall be the exclusive ~ of City and shall be delivered to City prior to final payment. Any statutory or oommon law rights to such property held by Consulumt as creator of such work shall be conveyed to City upon request without additional compeasation. Upon City's approval and provided City is identified in oonnec'don therewith Consultant may include ConsuR~t's work in its promotional materials. Drawings may bear discl,imer releasing the Consultant fxom any liability for ohanges made on the ori~nal drawings and for reuse of the drawings subsequent to the date they are turned over to the City. B. Consultant shall not be held liable for any damages, loss, mereased expenses or charges otl~se caused by or attributed to the reuse, by City or their design~, of nil work performed by Consultaat pursuant to this contract without the express written permission of the Consultant. llD Page 7- Agreement PROFESSIONAL SERVICES AGREEMENT DF. HAAS at ASSOCIATES. INC. EAST ~LE AVENUE b'FREEr IMPROVEMNT ATTACHMENT Page ...~..- of City agrees it will indenmify and hold Consultant harmless for all losses or damages that may arise out of the reuse of specific engineering designs incorporated into extensions, enlargements or other prqiects, without the express written permission of the Consultant. lid LAW OF OREGON The Agreement shall be governed by the laws of the State of Oregon. The Agreement provisions required by ORS Chapter 279 to be included in public agreements are hereby incorporated by reference and shall become a part of this Agreement as if fully set forth herein. ADHERENCE TO LAW Consultant shall adhere to all applicable federal and state laws, including but not limited to laws, rules, regulations and policies concerning employer and employee relationships, workers compensation, and minimum and prevailing wage requirements. Any certificates, licenses or permits which Consultant is required by law to obtain or maintain in order to perform work described on Exhibit A, shall be obtained and maintained throughout the term of this Agreement. MODIFICATION Any modification of the provisions of this Agreement shall not be enforceable unless reduced to writing and signing by both parties. A modification is a written document, contemporaneously executed by City and Consultant, which increase or decreases the cost to City over the agreed sum or charges or modifies the scope of service or time of performance. No modification shall be binding unless executed m writing by Consultant and City. In the event that Consultant receives any communication of whatsoever nature fi-om City, which commumeation Consultant contends to give rise to any modification of this Agreement, Consultant shall, within thirty (30) days alter receipt, make a written request for modification to City's Project Manager. Consultant's failure to submit such written request for modification in the manner outlined herein may be the basis for refusal by the City to treat said communication as a basis for modification. In connection with any modification to the contract affecting any change in price, Consultant shall submit a complete breakdown of labor, material, equipment and other costs. If Consultant incurs additional costs or devotes additional time on project tasks which were reasonably expected as part of the original Agreement or any mutually approved modifications, then City shall be responsible for payment of only those costs for which it has agreed to pay. OTHER CONDITIONS S. 1 Except as otherwise provided in paragraphs S. 1.1, S. 1.2 and S. 1.3 Consultant represents and agrees that the contract specifications and plans, if any, prepared by the Consultant will be adequate and sufficient to accomplish the purposes of thc project; and further, that any review or approval by the owner of the plans and specifications shall not be ~ to diminish thc adequacy of Consultant's work. S.I.I S.1.2 Subsurface Investigations. In mils, foundations, ground water, and ether subsurface investigations, the actual characteristics may vm7 significantly betwoen successive test points taxi sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface ,valuations, changed or unantidpated underground cxmditions may occur that cxmld affect total proje, t cost and/or execution. These conditions and cost/execution effects are the reslxn~bility of the Consultant. Opinions of Cost, Financial Considerations, and Schedules. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the project, Consultant has no conlrol over cost or price of labor ~ materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenanc~ ex~ts; competitive bidding procedures and market conditions; time or quality of performan~ by third parties; quality, type. manageanent, or dir~tion of operating personnel; and other economic and operational factors that may materially affect the ultimate proje~ costs of schedule. Therefore, Consultant makes no warranty that Owner's actual Page 8- Agreement PROFESSIONAL SERVICES AGREEMENT DIDIAAS & AS$OC~s,'rR$, INC. EAST HARDCASTLE AVENUE STRI3ET IMPI~)VEMNT We ATTACHMENT Page ~ of project costs, financial aspects, economic feasibility, or schedules will not vary from Engineer's opinions, analyses, projections, or estimates. S.1.3 Record Drawings. Record drawings, ffrequimd, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the project was finally constructed. Consultant is responsible for any errors or omissions about which the Consultant knew or should have known in the information fix~m those employecs or firms employed by the Consultant under terms of the contract as stated therein that is mcortx~ated into the record drawing. S.2 Notwithstanding any acceptance or payments, City shall not be precluded or stopped from recovering from Consultant, or its insurer or surety, such damages as may be sustained by mason of Consultant's failure to comply with the terms of this Agreement. A waiver by City and breach by Consultant shall not be deemed to be a waiver of any subsequent breach by Consultant. I~FEGRATION This Agreement, including but not limited to Exlubits and Consultant's proposal submitted to City contains the entire integrated agreement between the parties and supersedes all prior written or oral discussions, representations or agreements. In case of conflict among these documents the provisions of this Agreement shall control. MI. $CE~LANEOUS / GENERAL Consultant binds itself, its partners, officers, successors, assignees and legal representatives to the City under the terms and conditions of this Agreement as described hereto. ff any of the provisions contained in the Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. Any provisions concerning the limitation of liability or mdenmity shall survive the termination of Agreement for any cause. All notices required under this Agreement shall be delivered by facsimile, personal dehvcry, or mail and shall be addressed to the following persons: llD Xo Mr. Marlin DeHaas DeHaas & Associates, Inc. Suite 300, ACK3 Center 9450 SW Commerce Circle Wilsonville, OR 97070 (503) 6824018 Mr. Frank Tiwari Public Works Director City of Woodbum 270 Montgomery Street Woodbum, OR 97071 (503) 982-5244 Notice shall bc effective upon dchvery to the above address. Either party may notify the other that a new person has been designated by it to receive notices, or that the address or FAX number for the delivery of such notices has been changed, provided that, until such time as the other party received such notice in the manner provided for herein, any notice addressed to the previously-designated person and/or delivered to the previously-designated address or FAX shah be effective. In the event ather party initiates a lawsuit of arbitration against the other, then the prevailing party shall in addition to any other recovery, be entitled to recover its reasonable attorney fees aid all other oosts of litigation or arbitration. Page 9- Agreement PROFESSIONAl. SERVICES AG~ENT Dltl. tRAS & ASSOCIATES, INC. EAST llARDCASTI. E AVI~I~IJE STREET IMPROVEMNT ATTACHMENT ~ Page /O of /~-~ 11D The CONSULTANT and the CITY hereby agree to all provisions of this AGREEMENT. l]q WITNESS WHEREOF, the pm'ties by their signatures below enter into this Agreement this CONSULTANT: DeHaas & Assoeietes, Ii~. Name of Firm Marlin J. DeHaas Title Presider~t Mailing Address: 9450 SW Commerce Circle AGC Center, Suite 300 Wilsonville, OR 97070 Employer I.D.No. 93-0736727 day of .... 19~ CITY OF WOODBURN: Attest: Mailing Address: 270 Montgomery Street Woodburn, OR 97071 Approved as to form: Page 10- Agreement PROFESSIONAL SERVICES AGREEMENT DEHAAS & ASSOCIATES, il~. HARDCASTLE AVENUE STREET IMPROVEMNT ATTACHMENT Page ..~ of SCOPE OF CONSULTANT'S SERVICES The work to be performed by the CONSULTANT outlined in the AGREEMENT shall generally include provision of engineering and surveying services related to the following road improvements: EAST HARDCASTLE AVENUE is that portion of East Hardcastle Avemue fix)m the intersection of Pacific Highway 99E easterly approximatley 1500 feet to the existing city boundary approximately 100 east of Heritage Avenue. EAST HARDCASTLE AVENUE The CONSULTANT agrees to perform in accordance with all applicable federal, state and local laws, statutes, ordinances, rules and regulations of any kind, whatsoever, professional services in connection with the PROJECT as hereinafter stated and defined as Basic Services. ~$ASIC SERVICE.S. 1. Finalize Preliminary Design. 1.1 Furmsh survey personnel and equipment required to obtain additional field information necessary, to prepare plans and specifications for the PROJECT. 1.2 Coordinate the design with utility companies and authorities whose facilities may be affected by the proposed construction and obtain fi.om such companies and authorities the location of their existing and planned facilities. Assist the CITY in negotiations with the utility companies and authorities for the adjustment of their facilities. 1.3 Identify right-of-way acquisition requirements. 1.4 Prepare record of found existing property corners and file with County Surveyor's Office. 1.5 Prepare for the CITY'S approval, preliminary plans and specifications based on the field data collected, information from utility companies, and on typical design details and standards furnished by the CITY. 1.6 Prepare an estimate of total construction costs, estimates of materials quantities to be furnished and work to be done, based on the preliminary plans and specifications. 1.7 Prepare an estimate of total construction and engineering costs for undergrounding overhead utilities. 1.8 Furnish three (3) sets of preliminary plans and specifications to the CITY for review and approval prior to proceeding with final design. 1.9 Meet with representatives of local, state and federal agencies and the CITY in regard to design of the PROJECT. 2.Final Design Services. 2.1 Prepare final plans and specifications for the PROJECT, in accordance with appropriate regulatory agencies and the CITY'S requ/rements. liD Dll IlAAS & ASSOCIATe. INC Fu~ST IlARIW_A,V[L£ AVIiNU£ STRk'~'~ IMPROVEMENT 2.2 A'I'TA~HMENT g/7~ Prepare an estimate of total construction costs, estimates of materials quantities to be furnished and work to be done, based on completed plans and specifications for the PROJECT. Such estimates are to be based upon the CONSULTANT'S best judgement and experience and as are deemed to be appropriate at the time the PROJECT is scheduled to be bid. llD 2.3 Coordinate any utility line relocation which may be required. 3.Bidding and Contract Award Servlce~. 3.1 Furnish one set of reproducible prints and thirty five (35) copies of final plans and specifications for bidding and for construction of the PROJECT. 3.2 Interpret plans and specifications during the bidding period and prepare clarifications and addenda. 3.3 Assist in receiving and tabulating construction and materials proposals, analyze bid results, assist in recommending contract award, and preparing final contract documents. 4.Services During Construction. 4.1 Furnish survey personnel and equipment as required to establish baseline control for construction of PROJECT and provide ali consm~ction staking as necessary and defined in the contract documents. 4.2 Furnish personnel and equipment as required to perform on-site inspections Furnish the services of a Resident Inspector to provide inspection of the work of the CONTRACTOR during the period of construction. The Resident Inspector shall be experienced in the type of work to be done to the end that competent inspection of materials and labor will be provided. The CONTRACTOR will keep and the Inspector will check, all records, maps and plans nocessa~ for the preparation of final record drawings. The Resident Inspector will verify monthly reports of construction progress and monthly estimates as the basis of payment to the CONTRACTOR as construction proceeds. Meet with representatives of local, state and federal agencies when necessmaj for consultation or conf{mmces in regard to construction of the PROJECT. Interpret the contract plans end specifications to determine construction compliance with the intent of the design. Review and approve shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections, end other data which the CONTRACTOR is required to provide and recommend to the CITY, changes deemed advisable. ha-range for, conduct, or wilness, field, laboratory, or shop test of cx~.qm~etion materials, as prescribed in the contract documents. f. Det~mine the suitability of on-site materials to be used in the construction. Reject work and materials that do not cxmform to thc contract documents. Assist the CITY in determining payments due the CONTRACTOR based on the extent of work completed. Review claims for extra compen~tion end requests for extension of time submitted by the CONTRACTOR and prepare recommendations to the CITY for final disposition. Submit written progress reports on design activities to include statements of work completed, findings and conclusions, delays encountered, schedule revisions, or work modifications. D£ gAAS & A,qSOCIATgS. INC FAST ilARDCASTL£ AVgl~'U£ STR~f IMPROVI~M£1CI' Page ~ of .- ~ Upon substantial completion of construction, conduct an investigation of the PROJECT and assist the CITY in preparing punoh lists of work to be done to achieve final completion. Assist the CITY m negotiating final payment for eonslruction. Document proceedings of negotiations, if any, and record basis for final payment. At the completion oftbe PROJECT, prepare a fmal PROJECT status report, including a PROJECT cost summary, and prepare mylar as-built plans for submittal to the CITY. ltd SPECIAL SERVICES (As requested by City) 1. Provide compaction testing services 2. Prepare descriptions related to right-of-way acquisitions. Estimate 1 i each ~ $300.00 Prepare Right-of-Entry documents (description by Tax Lot) where necessary, to operate on private property to construct ckiveway approaches, adjust or reconstruct fences and match grades, etc. Estimate 20 each ~ $ 100.00 Estimated Cost $4,100.00 $3,300.00 $2,000.00 5o Provide miscellaneous consulting and other services, associated with the PROJECT, not hereinbefore listed under Basic Services. Provide miscellaneous consulting services as directed and attend meetings m regards to formation of a Local Improvement District on the Project Complete property surveys to set comers for newly acquired R/W. Costs are to be at standard hourly rates. If the CITY elects to underground existing overhead utilities as a part of the PROJECT, provide such engineering services as are necessary to effect such undergrounding. Engineering costs are to be negotiated or at standard hourly rates. $3,000.00 D£ IIAAS & A.qSOCIATi~ ~ liAP, I)CA~TL£ AVD1U£ STP, I~T IMPP, OVgM£NT -3- CITY'S RESPONSIBILITIES ATTACH.I~ENT ~ Page~ of / llD o Provide necessary information to thc CONSULTANT as to the CITY'S requirements for the PROJECT. Assist the CONSULTANT by placing at its disposal all reasonably available information and technical data pertinent to the PROJECT including previous reports and any other data relative to design and construction of the PROJECT. Furnish to the CONSULTANT, prior to any performance by the CONSULTANT under the Agreement, a copy of any design and construction standards the CITY will require the CONSULTANT to follow in the preparation of the contract documents. 4. Advertise for proposals Rom bidders, open the sealed proposals at the appointed time and place and pay for all costs incident thereto. 5. Obtain approvals and permits from all governmental authorities having jurisdiction over the PROJECT. Give prompt notice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any defect or delay in the PROJECT. 7. If the CITY elects to form an LID, conduct all procedures related to the LID formation process. 8. ff the CITY elects to form an LID, hold such public hearings as are appropriate in processing the LID project. 9. ff the CITY elects to form an LID, docket the liens related to the local assessment district and othexwise implement the provisions of the CITY CODE related to procedures for Local Improvements and Special Assessments. D£ HAAS & ASSOCIA'r~, INC EXHIBIT C STANDARD FEE SCHEDULE (Year 2000) ATTACHMENT, /~ Page 1~.. of "' - Listed hereinafter is a schedule of hourly rates for engineering and surveying services most frequently performed by DE HAAS & ASSOCIATES, INC. Principal $ 79.00 Project Manager $ 67.00 Project Engineer $ 5200 Engineer Technician $ 41.00 Design Draftsman $ 43.00 Draftsman $ 37.00 Inspector $ 41.00 Clerical $ 28.00 Survey Manager $ 52.00 Project Surveyor $ 47.00 Survey Technician $ 39.00 Party Chief $ 47.00 Head Chamman $ 40.00 Rear Chainman $ 28.00 2-Man Crew $ 87.00 3-Man Crew $115.00 Mileage $ 0.35 per mite Prints $ 2.00 each Copies $ 0.15 each Fax $ 1.00 page Direct Expense Cost + 5% STANDARD COMPENSATION ESTIMATE East Hardcastle Avenu~ Street Imp,rovement Basic Services $40,000.00 Contingencies (5%) 2~000~00 Special Services (Exhibit A, Items 1-5) Special Services (Exhibit A, Items 6-7) $42,000.00 16,400.00 $58,400.00 Hourly Rates llD MEMO TO: FROM: DATE: SUBJECT: Mayor and City Council throu~ih the City Administrator, Public Works Directo _ October 6, 1999 Compensation Package for Assistant City Engineer Position in Public Works Department liE RECOMMENDATION: It is recommended that city council authorize the position of the new Assistant City Engineer be established at the salary range of M14. BACKGROUND: We have been unable to fill the Assistant City Engineer's position in Woodburn with a suitable qualified individual partially because of the city's current compensation package. We are aware that the current technical staff has worked for less, but it has become difficult to find a good replacement for these faithful, senior professionals without a salary adjustment. We have been trying to fill the Assistant City Engineer's position for more than one and one-half years. When we advertised the last time, we found two qualified individuals who applied for the position. However, both of the candidates declined to accept the position when an offer was made. One individual did tell me on the telephone that our compensation package is Iow for the current market. Qualified, licensed professional engineers with suitable experience are difficult to find, especially due to the higher demand in the private sector. The city is dealing with consequential technical issues and making decisions on many millions of dollars each year. We are growing fast and the work load is heavy. It is less expensive in the long run to pay the additional amount to sound technical decision makers and, accordingly, protect the long term interests of the city by hiring and retaining proficient technical staff. It is proposed that the new Assistant City Engineer salary range be increased by five percent. The current Assistant City Engineer's position is proposed to be designated as Construction Program Manager. I recommend that the position of Assistant City Engineer be moved up from Grade M13 to M14. The new range will be as outlined below: Proposed Range Entry Range Step A Step B Step C Step D Merit Range New Assistant $4,040 - 4,242 4,454 4,677 4,911 5,157 5,158 - 5,286 City Engineer The proposal, if approved by the council, will keep the expenditure within the budgeted amount because the initial starting salary will be kept at or below Step B. An urgent action is requested. I suggest that this change be reflected in the future resolution to be adOpted by the council establishing salary ranges. GST:Ig PVVASSTENGRPOSlTION llF MEMO TO: FROM: DATE: RE: Mayor and City Council through John Brown, City Administrato~ z//, Linda Sprauer, Library Director March 8, 2000 /~/ / Bids for Library Self-checkout System RECOMMENDATION: Award City of Woodburn bid No. 20-13 for the library self -check- out system to 3M Safety and Security Systems Division in the amount of $24,300 and authorize the City Administrator to sign the contract for the purchase and installation of the equipment. BACKGROUND: City of Woodburn bid No. 20-13 for the library self -check-out system was opened and read at 2:00 pm On Monday, February 28, 2000. Results were: AMOUNT BIDDER CODECO CANADA $ 21,950.00 3M SAFETY & SECURITY SYSTEMS $ 24,300.00 KNOGO NORTH AMERICA $ 30,550.00 Codeco Canada's failed to provide proof that they were certified by DYNIX to be fully compatible and further failed to provide the requested references for Dynix installations. Knogo North America is a re-seller of the 3M Safety and Security Systems Division product, so they both fully met the specifications with a $6,250.00 difference in their bid prices. The bid price from 3M is the same as quoted informally in December which reflects a 15% discount through March 31, 2000. Projected installation date is as close to April 13, 2000 as possible. Funds are budged for this project in the Capital Outlay portion of the Library Fund in the 1999- 2000 fiscal year budget. MEMO TO: FROM: DATE: SUBJECT: Mayor and City Council through City Administrator'-~ Assistant City Engineer ~ March 9, 2000 Contract Award for Purchase of Storm Sewer Pipe to be Installed on Settlemier Avenue llG RECOMMENDATION: The pipe purchase contract award recommendation will be presented in the council meeting since the bids have not been opened prior to council agenda preparation. BACKGROUND: The stretch of Settlemier Avenue between Oak and Settlemier Park entrance has never before had a subsurface storm drain installation. The water was directed to run along curb gutters and then to traverse street crossings (Poplar and Maple) via shallow water courses formed in the crossing pavements. By the time runoff had reached Settlemier Park, there was often a substantial stream of water collected; the new storm sewer will eliminate so much surface water. Since the city will, during the 2000 construction season, resurface Settlemier Avenue over the portion to have storm sewer installed, it is essential the storm sewer be installed before overlay activities take place. Bids for installation of the sewer are scheduled to open March 9 after agenda preparation; therefore, it became necessary to present the final recommendation at the regular council meeting. DM\Ig GST~STORMWTR\Settlemier-OaktoPark MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrato~,'~ Public Works Program Manager ~----~'~ ~"'~"- Bid Award for Used Pickup Truck March 7, 2000 RECOMMENDATION: Reject all bids received for City of Woodburn bid number 20-11 for a used % ton utility truck with service body. BACKGROUND: City of Woodburn bid number 20-11 for one 1996 or newer used % ton utility truck with service body with less than 45,000 miles was opened and read at 2:00 pm on February 24, 2000. Results were: Bidder Hershberger Motors Northwest Truckstel Sales Amount $ 14,295.00 $ 24,500.00 The Iow bid did not comply with city specifications and the other bid was in excess of funds that were budgeted for this vehicle. Public Works will review the specifications and determine the best way to obtain this needed replacement vehicle. till City of Woodburn Police Department 270 Montgomery Street llI STAFF REPORT Woodburn OR 97071 (503) 982-2345 Date: From: To: Through: March 8, 2000 ~ Paul Null, Chief of Poli Mayor and City Council John Brown, City Administrator,~ Subject: Liquor License Application Cigarettes-N-More Applicant: Cigarettes-N-More Nasario & Barbara Flores 4601 47th Av. NE Salem, OR 97305 Location: Cigarettes-N-More 559 N. Pacific Hwy. Woodburn, OR 97071 Licence Type: Package Store (PS) This license allows sales of packaged beer and wine to drink off premises. The police department received an application for a liquor license from applicant Nasario and Barbara Flores on February 2, 2000. The department has completed an extensive background and criminal records investigation on the applicants. Mrs. Flores has no criminal record and nothing of concern was found. Mr. Flores was convicted of a DUII in 1990; no other information obtained was of a questionable nature. I met with Mr. and Mrs. Flores regarding the operation of their business. I was advised that they plan on operating the small store themselves without hiring outside employees. Their hours of operation will be Monday through Saturday from 10:00 a.m. to 7:00 p.m. Mr. Flores stated he did not want to work late into the night and in order to minimize potential criminal activity he wanted to close earlier in the evening. Mr. and Mrs. Flores have been selling packaged alcohol out of the store for approximately three months on an OLCC temporary license." A records check at this location revealed no calls for police service. The police department has not received any notification from neighboring ; business for or against the issuance of a liquor license. Recommendation: The city council apProve a Package Store liquor license for Nasario and Barbara Flores,'Cigarettes-N-More, 559 N. Pacific Hwy., Woodburn City of Woodburn Police Department STAFF REPORT 270 Montgomery Street Woodbum OR 97071 . (503) 982-2345 Date: From: To: Through: March 8, 2000 Paul Null, Chief of Poli Mayor and City Council John Brown, City Administrator Subject: Liquor License Application Big Kmart llJ Applicant: Big Kmart (formally Kmart) 3100 W. Big Beaver Rd. Troy, MI 48084 Local Manager Kristie Dee Baker Location: Big Kmart 1475 Mt. Hood Ave. Woodbum, OR '97071 Licence Type: Package Store (PS) This license allows sales of packaged beer and wine to drink off premises. The police department received an appliCation for a liquor license from applicant Kristie Baker, manager of Big Kmart, on Febma~ 22, 2000. The department has completed an extensive background and criminal records investigation on the applicant, Mrs. Baker. Mrs. Baker has no criminal record and nothing of concern was found. Kmart Corporation has been a licensed corporation in the State of Oregon since January 30, 1970 with corporate offices in Portland, OR. OLCC was contacted regarding possible liquor law violations at other Big Kmart locations in the state. OLCC advised there records indicated no previous history. A scan of Woodbum Police Department records indiCated the department has responded to the location 20 times over the previous two years. None of the calls for service meet the criteria to deny issuance of a liquor license. Mrs. Baker was contacted and advised the alcohol will be stocked in one location within the store and that all liquor packages will electi!Onically coded to prevent theft. Recommendation: The city councilapprove a Package Store liquor license for Big Kmart, 1475 Mt. Hood Ave. Woodbum THERE WAS NO MEETING OF THE WOODBURN CITY COUNCIL HELD ON APRIL 10, 2000