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Agenda - 01/10/2000
CITY CO(.IPtCIL A OEPIDA JAfff. JARY 10, 2000 - 7:00 P. Pl. 270/~lont~qomen/Street ~ ~ Woodburn, Oregon Se 0 C~LL TO ORDER AND FLAG SALUTE ROLL C~I.L ANNOUNC. RMENTS AND APPOINTMENTS A. 1999 - 2000 Supplemental Budget Hearing: January 15, 2000 - 9:00 a.m. B. Public Hearing: Oakwood Subdivision (continuation) - January 24, 2000 - 7:00 p.m. PR K~ENTATIONS/PROCLAMATIONS A. Certificates of Recognition to Dorothy Senatra and Lee Ehrens. COMMrrrEE REPORTS A. Gbnmber of Commerce. B. Woodburn Downtown Association. tC. Woodburn School District. 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 itpm may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of December 13, 1999 regular and executive meetings ............................................ B. Planning Commission minutes of December 9, 1999 ................. C. Claims for the month of December 1999 ........................... D. Building Activity Report for December 1999 ........................ GENERAL BUSINESS A. Council Bill No. 2015 - Ordinance amending Ordinance 2018 to incorporate Federal Flood Plain Map and regulation changes .......... B. Council Bill No. 2016 - Ordinance creating Museum Committee ....... 8A 8B 8C 8D 9A 9B Page 1 - Agenda, January 10, 2000 Council Bill No. 2017 - Resolution directing placement of stop sign on Vanderbeck at Boones Ferry Rd .................................. 9C Council Bill No. 2018 - Resolution entering into agre~-ment for professional en~neering services for N. & S. Front Street improvements. 9D Acceptance of utility easement from Hidden Creek Properties ......... 9E No Parking on Vanderbeck Rd. from Boones Ferry Rd. west approximately 400 feet ......................................... 9F Bid award: Library HVAC ....................................... 9G Bid award: Used pickup for Street Division ......................... 9H 10. TABLED BUSINESS 11. 12. 13. 14. 15. 16. 17. PUBLIC HEARINGS A. Tukwila P.U.D. B. Ambulance rates PUBUC COMMENT NEW BUSINESS SITE PLAN ACTIONS ......................................... lib 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 under the authority of ORS 192.660(1)(d) B. To conduct deliberations with persons designated by the governing body to negotiate real property transactions under the authority of ORS 192.660 (1)(e). C. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or Htigation likely to be filed under the authority of ORS 192.660(1)(h). D. To consider records that are exempt by law from public inspection under the authority of ORS 192.660(1)(0 18. ADJOURNMENT Page 2 - Agenda, January 10, 2000 COUNCIL MEETING MINUTES DECEMBER 13, 1999 8A TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 13, 1999. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0010 ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Present Councilor Pugh Absent Councilor S ifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Park & Recreation Director Westrick, Police Chief Null, Deputy Chief Russell, Finance Director Gillespie, Public Works Manager Rohman, Library Director Sprauer, City Recorder Tennant Mayor Jennings informed the public that Councilor Pugh had recently undergone a serious operation and, as of today' s report, he was doing well. 0025 ANNOUNCEMENTS. A) December 27~h Council Meeting has been canceled by the Mayor and Council. B) Holiday Closures: Woodburn Aquatic Center will be closed all day on December 24th, December 25th, and January lSt; and it will close at 5:00 pm on December 31st. Woodbum Public Library will be closed all day on December 25th and January lSt; it will also be closed at 12:00 noon on December 24th. City Hall and other City offices will be closed all day on December 24th and 3 l~t; and it will also be closed at 12:00 noon on Thursday, December 23rd. C) Appointments to City Boards, Commissions, and Committees Effective January 1, 2000: Mayor Jennings made the following appointments which will take effect on January 1, 2000: Park & Recreation Board: Position I: Sharon Felix - fills unexpired term of position held by Lee Ehrens. Term expiration date of December 31,2001. Position VI: Patricia Watts - reappointment with term expiring on December 31, 2002. Page 1 - Council Meeting Minutes, December 13, 1999 COUNCIL MEETING MINUTES DECEMBER 13, 1999 8A TAPE READING Position VII: Herb Mittman - term expiration date of December 31, 2002. Library Board: Position IV: Phyllis Bauer - reappointment with term expiring on December 31, 2002. Planning Commission: Position I'. Alma Grijalva - fills unexpired term due to recent resignation of Terry Will. Her term will expired on December 31, 2000. Position II: Irv Fletcher - term expiration date of December 31, 2003. Position VI: Frank Lonergan - reappointment with term expiring on December 31, 2003. Budget Committee: Position m: Tom West - reappointment with term expiration date of December 31, 2002. Position VI: Grayce Higgins - replaces Barbara Lucas who resigned this year. Ms. Higgins term will expire on December 31, 2002. FIGLEYfBJELLAND... appointments be approved. The motion passed unanimously. 0138 PRESENTATION: COMBAT AUTO THEFT (CAT) PROGRAM. Deputy Chief Russell stated that the Police Department is becoming involved with a new l~rogram that relates to prevention of and/or recovery of stolen vehicles. If a vehicle owner signs up for this program, a CAT sticker will be issued that is placed in the vehicle thereby giving our local police agencies permission to stop the vehicle between the hours of 1:00 am and 5:00 am. He stated that the program is voluntary and there will be an administrative charge of $2.00 per vehicle. He urged the public to consider participating in this program if they do not routinely drive their vehicle during the early morning hours. It is hoped that this program will reduce the number of auto thefts and, if it should become stolen, there is a greater chance that it will be recovered. It was also noted that costs for the program are being offset by grants from Allstate, State Farm, and Progressive I~surance companies and that the City of Salem will do a majority of the work to input the information into the computer system. 0300 PRESENTATION: Y2K READINESS REPORT. Police Chief Null informed the public that all of the City' s systems have been upgraded in readiness for the year 2000. The 9-1-1 Center recently installed their new computer system and prompt response will be given to police, fire, and ambulance calls for service. The City has also been assured by the telephone, electric, and gas companies that their systems are also Y2K compliant, therefore, no problems are anticipated. He stated that on New Years Eve, the City will be establishing a mini- Emergency Command Center (EOC) from 10:00 p.m. to 3:00 a.m. and management staff will be on- call and available to respond if an emergency situation does occur. The public works departments (water, street, and wastewater) will have staff members on-site and the Fire Department will also have additional staff members on site. He stated that the EOC will stay later than 3:00 a.m. if a major incident does occur. Additionally, the National Guard Page 2 - Council Meeting Minutes, December 13, 1999 COUNCIL MEETING MINUTES DECEMBER 13, 1999 8A TAPE READING Armory will be open and staffed throughout the New Year weekend and they will respond in the event of a declared emergency. He stated that the Police Department is concerned with potential civil disorder at 12:00 midnight. In anticipation of this, the department will have 14 officers on the street at that time and the County will have 3 transport vans available to take prisoners to the County jail. In addition, another 25 County officers will be available to help communities within Marion County. He also reminded the public that (1) discharging a firearm in the City is illegal, (2) that all of the lead rounds that are discharged do come down and can injure people or damage property, and (3) since it is against the law, a person can be arrested for this offense. He encouraged people not to call at midnight unless it is an emergency call since too many users can bring down the telephone system. The EOC Command post will be setup at the Fire Station and residents can go to either the Command post, City Hall, or the east side Police precinct if they need assistance. He reminded the public that the intent of this presentation is to have fun and celebrate the new year, however, it needs to be done in a safe manner. 0480 IEHAMBER OF COMMERCE REPORT. Doug Templeton, Chamber Board member, provided the Council with the following information: 1) Phil Hand took over as the new Chamber President; 2) He thanked out-going President Cindy Vetter for all of her hard work in managing the Chamber and deserves recognition from all of the members; 3) Chamber annual meeting and dinner was held on December 9t~; 4) Chamber Forum will be held on December 15~ at the Settlemier House and attendees must RSVP by December 14th; 5) Business Development Committee will meet at Hallmark Properties on December 16t~ at 8:00 am and the committee looks for to City representation at their meetings; and 6) The holiday lighting contest registration deadline is December 14~ with the judging on December 16th. 0555 I.~TTER FROM BARBAIL4~ LUCAS RE: TRANSPORTATION POLICY. Administrator Brown read the letter from Barbara Lucas expressing her concern regarding the I-5/Highway 214 traffic proposal being brought to the Council at this meeting since the agenda packet does not include staff reports from the City or ODOT and there is no opportunity for the public to provide input on this issue. She urged the Council to not make any policy decisions at this meeting until questions regarding truck traffic, traffic circulation in the commercial areas, and ODOT's proposal to widen Hwy. 214 only~to Oregon Way are answered. Page 3 - Council Meeting Minutes, December 13, 1999 8A COUNCIL MEETING MINUTES DECEMBER 13, 1999 TAPE READING 0619 CONSENT AGENDA. A) Approval of Council minutes of November 22, 1999 and Council workshop minutes of November 29, 1999; B) Acceptance of Library Board minutes of November 10, 1999; C) Acceptance of Museum Board minutes of December 8, 1999; D) Approval of claims for the month of November 1999; E) Police Activity report for August 1999; and F) Building Activity report for November 1999. FIGLEY/SIFUENTEZ... adopt the consent agenda as presented. Councilor Bjelland r~ferred to the Building Activity report and questioned the issuance of 47 new residence permits in November. Administrator Brown stated that there is a lot of activity going on in town, however, a number of the permits issued were for new homes in the Heritage Park subdivision. The motion to adopt the consent agenda passed unanimously. 0683 DISCUSSION OF I-5 INTERCHANGE PROJECT AND TRANSPORTATION ~'OLICY. Mayor Jennings stated that he was moving this item up on the agenda so that ODOT representatives did not have to stay for the City's general business items. Administrator Brown stated that the purpose of this agenda item is to provide an status report and to give Council advance notice of a workshop with the Planning Commission next month. The City's Transportation System Plan (TSP) outlines the current policy and, based on the TSP, a letter was sent to ODOT in March 1999 requesting that certain projects, including the Highway 214 widening, be placed on the Statewide Transportation System Plan (STIP). The City also identified modification of the existing interchange and the addition of a second interchange to meet long range transportation needs. The Council and Budget Committee set aside $750,000 in the current budget, along with $280,000 already budgeted for the Alternative Analysis study, for the purpose of showing ODOT that the City is willing to contribute to these much needed projects. The State legislature did pass gas tax legislation and, if approved by the voters, will provide bond money for improvements on the STIP. The planning process for all state-wide projects have been moving forward and the State, along with the Regional Transportation Advisory Committee, have begun to look at projects that would be funded with the anticipated bond funds. The City has been asking for the widening of Highway 214 and business property owners have indicated a willingness to donate right-of-way for this purpose. The Mid-Willamette Valley Area Commission on Transportation (MWACT) endorsed a proposal to modify the interchange and include some widening on Highway 214 which is high on the list of projects to be funded. He stated that he had invited to this meeting Gary Johnson from ODOT, who is also a member of MWACT, to provide information to the Council on why the decision was made by MWACT. He stated that at Page 4 - Council Meeting Minutes, December 13, 1999 8A COUNCIL MEETING MINUTES DECEMBER 13, 1999 TAPE READING the conclusion of this discussion, staff will be asking Council, as policy, to endorse what MWACT has done in the short term. Mayor Jennings reminded the Council and the public that no engineering designs have been presented or approved and the purpose of this discussion is to ask for Council support the consolidation of two projects. He also informed the Council and public that the workshop will be held on January 6, 2000 to, once again, go over this issue and solicit input from other members of the community. Gary Johnson, ODOT Regional Manager for northwest Oregon, stated that ODOT is moving forward with the planning process in case voters approve the gas tax in May 2000. He stated that ODOT and the Oregon Transportation Commission rely heavily on advice from MWACT and other local agencies in establishing project priorities. The I-5 interchange and Highway 214 widening project to Country Club Road is in the top 5 regional projects to be funded with gas tax funds. At the last MWACT meeting, they identified a list of priorities for Marion, Polk and Yamhill counties which was brought forth to a regional meeting of other area commissions. All but one of the MWACT priorities made the list. The OTC will accept additional public testimony at this month's /'aeeting and they expect to adopt their version of the final statewide version of the project list in January. Following this action, the next step will be through the interim legislative committee and the final step, prior to the gas tax vote, will be an appearance before the legislative emergency board. In regards to the widening of the rest of Highway 214, he stated that they are not walking away from this improvement, however, the widening of Hwy 214 east of Oregon Way was not as well positioned to compete for the money that may be available since the criteria established by the Commission was a fairly unique set of parameters that would not apply in the standard STIP process. He reminded the Council that Highway 214 is a district level highway which is harder to obtain funding for through the state programs, however, by combining it with the interchange project, it will set the stage for further widening improvements as funding becomes available through the regular STIP process. Mayor Jennings stated that federal dollars are not available until the project is on the STIP and questioned if the Strobeck list will be considered as a planning document. Mr. Johnson stated that, with the process being followed on the Strobeck list, it will be considered as a planning document. He also stated that there are 5 regions in ODOT of which Woodbum is a part of Region Il. The allocated funding share of to Region II will be approximately 1/3 of the bond issue dollars to be used for improvements. Terry Cole, ODOT, requested that any City proposal that may be brought up at the January 6~ meeting be shared with them in advance so that they will have an opportunity review the proposal and prepare for the workshop. Councilor Bjelland stated that voter approval of the gas tax in May will implement legislation already passed and public education on the benefits of the bond program is necessary to obtain voter support for this legislation. Page 5 - Council Meeting Minutes, December 13, 1999 COUNCIL MEETING MINUTES DECEMBER 13, 1999 8A TAPE READING Administrator Brown reiterated that staff is requesting, for the existing interchange and for the purpose of qualifying the City's Highway 214 needs for this bond money, support for the concept of the consolidated interchange and Hwy. 214 widening project as it is being proposed by Region II. If the Council takes this action, he would then write a letter to OTC on behalf of the Council to let them know that not only MWACT but the City is interested in having this project completed. He also stated that the estimated cost for this consolidated project is $15 - $20 million. Additionally, an I-5 corridor refinement study is being conducted and proposals are being discussed to modify the existing interchange to relieve congestion on Highway 214 and to extend the life and capacity of the interchange. Administrator Brown suggested that the Councilors think about the following issues before the January workshop: 1) scope of the project - Hwy. 214 widening be extended to at least Boones Ferry Rd, if not further, and potentially using City dollars to accomplish this project extension 2) access management issues; 3) other alternatives such as a lesser modification of I-5 interchange for cost effectiveness and efficiency in the use of tax dollars; 3,) keep the options open to create a 2na interchange and look at ways to partner with this project to get more out of it than it is currently designed; 5) potential impact on local businesses and general disruption to business while work is being done in the area; and 6) potential impact on other city roadways such as the newly built Arney Road. Mayor Jennings reminded the public that the Alternative Analysis Study is not a wasted study just because the project consolidation is being proposed. Terry Cole stated that they will be presenting a briefing to the Oregon Transportation Commission on December 16~ regarding the refinement plan work. He reminded the Council that this is still a preliminary stage on the concepts and it does not preclude discussion on a 2nd interchange. FIGLEY/KILMURRAY.,. go on record to support consolidation of the widening and interchange improvement projects. Councilor Figley stated that she shares the concerns listed in Mrs. Lucas's letter regarding the overall broader picture. She supports consolidation at this stage since she believes there is a need for widening and other improvements to Highway 214, and, without some improvements to the interchange, those improvements will not be done by ODOT. She also requested that staff' s suggestions be forwarded to the Council before the January 6~h workshop. The motion to consolidate the two projects passed unanimously. Mayor Jennings reminded the public that the January 6~ workshop is a public meeting with the Planning Commission but it is unknown at this time if public input will be taken. Terry Cole stated that the refinement plan will narrow down alternatives to look at something that is feasible and addresses the problem. In this case, ODOT feels that they Page 6 - Council Meeting Minutes, December 13, 1999 COUNCIL MEETING MINUTES DECEMBER 13, 1999 8A TAPE READING 2296 have developed some designs that will work well over the 20+ year planning period. If concurrence is gained on the refinement plan, they will seek to have that concept adopted into the City's Comprehensive Plan along with the other assumptions regarding access measures on Highway 214 and local circulation. Once completed, an Environmental Assessment Process will commence with the design process is still over a year away. Councilor Bjelland requested that ODOT provide a sequence of events to participants of the January 6th workshop since it is a very important description of the processes that need to be followed in order to come to a final decision. Barbara Lucas, 214 E. Clackamas CI, questioned if the Council voted for ODOT's proposal to revamp the I-5 interchange so that it will serve the City for the next 20 years. Mayor Jennings stated that the Council voted to support consolidation of the 2 MWCAT proposals and the 2ad interchange project has never been before MWCAT. She expressed concern with ODOT's current position to improve the current interchange so that it would serve the City's traffic needs for the next 20+ years and thereby making it unnecessary to have a second interchange. 2407 COUNCIL BILL 2012 - ORDINANCE ANNEXING 1.32 ACRES LOCATED EAST 2519 OF HIGHWAY 99E ON THF~ NORTH SIDE OF AZTEC, AMENDING THE ZONING MAP FROM UTF TO RS, APPROVING A PRELIMINARY SUBDIVISION PLAT, AND GRANTING A VARIANCE. Council Bill 2012 was introduced by Councilor Chadwick. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Mayor Jennings declared a conflict of interest on this issue. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2012 duly passed with the emergency clause. COUNCIL BILL 2013 - RESOLUTION ENTERING INTO STATE REVOLVING 2560 FUND LOAN NO. R98412, AMENDMENT NO. 1, FOR WASTEWATER SYSTEM IMPROVEMENTS. Councilor Chadwick introduced Council Bill 2013. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2013 duly passed. COUNCIL BILL 2014 - RESOLUTION GIVING CITY COUNTY INSURANCE SERVICES TRUST NOTICE OF POTENTIAL WITHDRAWAL FROM MEMBERSHIP IN THE SELF-INSURANCE POOL. Council Bill 2014 was introduced by Councilor Chadwick. Recorder Tennant read ;the bill by title only since there were no objections from the Council. Mayor Jennings stated that notice is given annually to City County Insurance Services so that the City can annually review available insurance programs. Page 7 - Council Meeting Minutes, December 13, 1999 COUNCIL MEETING MINUTES DECEMBER 13, 1999 TAPE READING On roll call vote, the bill passed unanimously. Mayor Jennings declared Council Bill 2014 duly passed. 2617 ACCEPTANCE OF EASEMENT: SOUTH SIDE OF PARR ROAD WEST OF SCHOOL DISTRICT PROPERTY. Staff recommended the acceptance of a roadway, sidewalk, and utility easement from Warsanofi and Zinovya Toran which will allow for future improvements in the vicinity of Centennial Park. FIGLEY/SIFUENTEZ... accept the roadway/sidewalk/utility easement from Warsanofi and Zinovya Toran as described in Attachment B of the staff report. The motion passed unanimously. 2655 LIQUOR LICENSE APPLICATION: LUCKY'S DELI, 986 EVERGREEN RD. A liquor license application was submitted by Lucky's Deli IV, LLC, for a retail malt beverage license. Included in the staff report was a petition against granting the license submitted by residents of Panor 360. Staff recommended that the Council recommend ~tpproval of the license, subject to the condition that there will be no live music at the establishment, since OLCC only looks at issues that are liquor license related. The petition cited issues pertaining to limited parking, traffic congestion, noise, and the detrimental effect an alcohol establishment would have to the immediate residential area. FIGLEY/KILMURRAY... approve a retail malt beverage (RMB) liquor license for Sylvia Dixon, Lucky's Deli, 986 Evergreen Road, with the condition that no live music will be held at the establishment. The motion passed unanimously. 2742 MUSEUM MANAGEMENT PROPOSAL. Administrator Brown stated that the Museum Board has expressed a desire for the City to take over responsibility of the Museum which is currently an all-volunteer operation. He has met with the Board and drafted a proposal which was accepted by the Board at their November 1999 meeting. If the proposal is approved by the Council, it would go into effect in January 2000. In summary, the City would (1) be responsible for the building maintenance and museum collection, (2) establishment of an advisory committee to assist the Council in policy decisions relating to the museum, (3) continue the volunteer program to keep the museum open for two, if not more, days per week; (4) formulate a budget for presentation to the Budget Committee at the supplemental budget hearing in January, and (5) staff position be created as part of the budgeting process to manage the museum and coordinate special events on a City-wide basis. He suggested that the advisory committee consist of 5 or 7 members with a background and interest in historical collections, preservation, and local/natural history. Additionally, he recommended that one of the appointments be a high school student to provide a link between school history programs and senior projects. Page 8 - Council Meeting Minutes, December 13, 1999 8A TAPE READING 3037 COUNCIL MEETING MINUTES DECEMBER 13, 1999 Mayor Jennings stated that he would like to see 7 individuals appointed to the advisory committee and, to date, he has had 3 volunteers to serve on the committee. FIGLEY/BJELLAND... approve the proposal to assume organizational control from the Museum Board, establish criteria for establishing a Museum advisory commission, and direct staff to prepare and bring back the necessary enabling legislation at the next regularly scheduled meeting. The motion passed unanimously. COMMUNITY DEVELOPMENT DEPARTMENT RE-ORGANIZATION. 8A Tape 2 0061 Administrator Brown stated that the Planning Department needs some additional help to process current planning applications in addition to on-going long range planning projects. Currently, the Assistant Planner is on a long term absence for health reasons and the department is struggling to keep pace with the development proposals being submitted. He recommended that the Council approve a limited term Assistant Planner position which would expire on June 30, 2000. If an extension of this position is necessary, it will be evaluated during the regular budget process for fiscal year 2000- 1~001. Funds are available within the current Community Development department budget for this position without going to the Budget Committee or Council for approval of additional appropriations for this position. FIGLEY/SIFUENTEZ... authorize the limited term Assistant Planner position to June 30, 2000. The motion passed unanimously. REQUEST FOR RATE INCREASE - WOODBURN AMBULANCE FRANCHISE. Councilor Kilmurray declared a conflict of interest on this issue since her daughter is employed by Wobdburn Ambulance. She stated that she would abstain from voting and participating in any discussion on this issue. As provided for in the staff report, Woodburn Ambulance is requesting a base rate increase of $36.00 which is the average cost per call for ambulance response from their facility to the response site. This increase is being requested as a result in a change in Medicare regulations that make responding miles no longer eligible for reimbursement. FIGLEY/SIFUENTEZ... staff be directed to draft a resolution authorizing a rate increase for the franchised provider of ambulance service in the City. The motion passed 4-0-1 with Councilor Kilmurray abstaining. City Attorney Shields brought to the Council's attention that the franchise ordinance does require a public notice and hearing before an increase is approved by the Council. Notice will be provided and a hearing scheduled for January 10, 2000. 0153 SITE PLAN ACTIONS. A) Site Plan Review #99-20 - Hawthorn Inn & Suites (120 Arney Road): No action was taken by the Council on the Planning Commission's approval of an application to Page 9 - Council Meeting Minutes, December 13, 1999 COUNCIL MEETING MINUTES DECEMBER 13, 1999 8A TAPE READING construct a 12 room addition to the existing hotel. B) Planned Unit Development g99-01 and Minor Partition g99-05 - Stage H Design Review: "The Links at Tukwila": No action was taken by the Council on the Planning Commission's denial of a 93 lot single family residential PUD and a related partition. C) Site Plan Review t/99-21 - Jack in the Box Restaurant (Highway 219 & Arney Rd): No action was taken on the Planning Commission's approval to construct a fast food restaurant in the vicinity of Hwy. 219 and Arney Road north of the existing Texaco Station. 0160 MAYOR AND COUNCIL REPORTS. The Councilors reminded the public to stay off the telephone lines around the start of the New Year unless there is an emergency and they extended best wishes to the citizens of our community for a happy and safe holiday weekend. Mayor Jennings stated that the first Festival of Christmas Music is now over and it was well received by the community. Next year, he plans on trying to go into partnership with the Settlemier House by starting at that location and then expanding it during the month bf December to make it an enjoyable Christmas Festival. 0245 EXECUTIVE SESSION. FIGLEY/SIFUENTEZ .... adjourn to executive session under the authority of ORS 192.660(1)(h), ORS 192.660(1)(e)ORS 192.660(1)(d), and ORS 192.660(1)(f). The motion passed unanimously. The Council adjourned to executive session at 8:40 p.m. and reconvened at 8:59 p.m.. 0262 Mayor Jennings stated that no action was taken by the Council in executive session. ADJOURNMENT. BJELLAND/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting concluded at 9:00 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 10 - Council Meeting Minutes, December 13, 1999 Executive Session COUNCIL MEETING MINUTES December 13, 1999 8A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 13, 1999. CONVENED. The Council met in executive session at 8:43 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 Absent Councilor Sifuentez Present 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, Public Works Director Tiwari (8:43 pm to 8:48 pm), City Recorder Tennant The executive session was called under the following statutory authority: 1) ORS 192.660(1)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions; 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; 3) ORS 192.660(1)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations; and 3) ORS 192.660(1)(f) to consider records that are exempt by law from public inspection. ADJOURNMENT. The executive session adjourned at 8:55 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - Council Executive Session Minutes, December 13, 1999 WOODBURN PLANNING COMMISSION December 9, 1999 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 Will (Resigned) Commissioner Lawson (Resigned) Commissioner Lima A Commissioner Mill P Commissioner Bandelow P Commissioner Lonergan P Commissioner Heer P Staff Present: Steve Goeckritz, Community Development Director Jim Mulder, Senior Planner 8B Commissioner Mill reported Commissioner Lima is in Brazil. MINU'I~ES Vice Chairperson Cox moved to approve the minutes as submitted. Bandelow seconded the motion, which carried. Commissioner BUSINESS FROM THE AUDIENCE None COMMUNICATIONS Randy Rohman, Public Works Program Manager invited the Commission to attend a joint Council/Planning Commission workshop on the I-5 Refinement Study on January 6, 2000 at 7:00 p.m. in the Council Chambers. Presentation will be made by individuals from ODOT and the Consultant team that is working on the refinement study. Alternatives and guidelines will be covered as well as input received at earlier focus group meetings. Randy stated he would like to see the Commissioners attend. Randy also provided the Commission with several letters that cover the problem regarding the Tukwila Drive red brick pathways. Letter #1 dated 1995 states that paving or stone crossings are not a standard street feature for the City. Randy commented he believed at that time it was a condition of approval that the Homeowners Association be responsible for the pathways for a period of ten years. He added if they were still in basically good repair after that ten-year period, the City would assume maintenance responsibility for them. Letter #2 was sent in January of this year to Tukwila Partners regarding the problem at the entrance of Tukwila Drive. Randy stated the problem was not with the paving stones. He remarked the sub-base in that area is failing which is causing the depression. Randy stated this was one of the areas the City would have liked to have Planning Commission Meeting - December 9, 1999 Page 1 of 10 8B gotten to it this summer but there were other higher priority patching jobs. He reported it will be on the priority list for next summer. Randy explained they would have to dig and repair the sub grade. At that point, it will have to be determined what will be done with the paving stones in that area since it was not a failure of the stones. Randy said there will be some discussion with the Homeowner's Association to work out a solution and determine responsibility regarding the paving stones. Vice Chairperson Cox inquired what response was received bythe City regarding the letter addressed to Dorothy Monier in January? Randy Rohman replied no response was received. He also reported the pot hole on Highway 214 was called to the attention of the State. However, he does not know when they will get around to repairing it. Randy referred to the question raised by the Commission at the November 10th meeting regarding the traffic signal at Boones Ferry and the lane configurations. He reported ODOT will take a look at volumes in the lanes and if it is something that ODOT can work out, they may agree to switch that around. Commissioner Bandelow stated there are problems with the right lane ending at the school when you are headed west on 214 approaching Boones Ferry crossing. She asked if it is possible to have a sign on the east side of the intersection indicating the lane will end? Randy Rohman stated these things are always a problem because of the right turn restriction. He said he has another meeting with some folks at ODOT and he will bring up this is,~ue with them. Commissioner Mill mentioned there is a similar situation out in the City of Milwaukee. He stated they have painted large diagonal white arrows on the roadway to show that the road is going to end and that you need to merge. He added there are also signs posted. Vice Chairperson Cox hopes that the answer to Mr. Hubenthal's issue regarding the lane and synchronization of 214 and Boones Ferry Road has been relayed to him. Staff replied affirmatively. PUBLIC HEARING A_._~.Site Plan Review 99-18, construction of a 15,420 sq. ft. addition to an existing 6,000 sq. ft. automotive repair facility (Woodburn Automotive), $$$ Hwy. 99E, Richard Edmonds, applicant. Chairperson Young opened the Public Hearing. Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended approval of the site plan subject to the conditions outlined in the Staff Report and that the Variance to reduce the fence height from 7 feet to 6 feet be approved but that the Variance to allow the reduction of the separation between the building opening and the adjacent residential property line to reduce from 50 feet to 40 feet be denied. Planning Commission Meeting - December 9, 1999 Page 2 of 10 Questions Commissioner Mill asked if the 40-foot mark is where the outside property line starts to angle? 8B Staff replied it is probably about 30-35 feet. He explained the measurement was made from the opening itself which starts 12-15 feet north of the south building wall. Commissioner Mill inquired what are the required normal setbacks under ordinance if there were no openings in that wall? Staff responded it would be a lO-foot buffer requirement. Therefore, it could actually go down to 10 feet if there were no openings. Commissioner Lonergan questioned if the chain link fence goes all the way west from the north and all the way back? Staff answered the applicant is proposing to extend the fence. Chairperson Young asked if the 6 parking spaces on the other parcel not shown on the landscaping count as part of the 59 spaces? Staff replied No. These are separate spaces. Vice C~airperson Young inquired if the building on the leased property is used for the same business purposes as part of the integrated business operation with the deeded property? Staff stated the applicant does own the business Mufflers, Hitches and More. Staff's understanding is that there are two separate businesses but they are both owned by the applicant. He added the applicant does not own the southerly property. Vice Chairperson Cox commented perhaps Staff's approach is correct not to consider the businesses together if they are two separate businesses that are not part of an integrated business operation. However, we should not be concerned about who owns the deed and we should state this piece of property needs to be developed as a whole if it is all operated as a unitary business. Vice Chairperson Cox remarked part of the mess along Highway 99 will gradually be cleaned up but if we start looking for ways not to require things be brought up to current code when something happens, we will let things slide that we might otherwise have a handle on. He stated he is interested to hear what Staff and the applicant has to say about the nature of the business or businesses on that property. Staff remarked they did not think it appropriate to force the applicant to make an improvement on property he did not own and control. He further stated the issue of the potential closure of the driveway could be revisited at the time the applicant secures the property to the south of this site plan. Testimony by A~_~licant Richard Edmonds, 20698 Hazelnut Ridge Road, Woodburn Automotive. Scottsmill stated he is the owner of Planning Commission Meeting - December 9, 1999 Page 3 of 10 8B Commissioner Heer asked what types of businesses will he put in to fill the building? Richard Edmonds replied it is presently an automotive shop and it will just be more of the same type of business. Mr. Edmonds added the automotive shop does all of the automotive repair and the muffler shop does exhaust, hitches and wiring. Commissioner Mill requested clarification that the applicant will be putting the fence around the north side of the property as well as abutting the residential properties. Richard Edmonds reported he was told three years ago that when he added on again he would have to put a 7-foot chain link fence around it. He explained slats will be placed between the two houses that are closest to the shop. Mr. Edmonds stated he is willing to put up a fence on the north side if the neighbors want one. He also reported all of the neighbors he has talked to are content with the fence. Additionally, Mr. Edmonds said he will also put a gate that will open and close to the west of the office where the other side of the fence comes so he can secure the back side of the building at night time. Chairperson Young inquired if the area indicated as paved with new pavement to match existing and the area north of that will remain as it stands today or will it have rock in it? Richard Edmonds answered it will remain as it is. Vice Chairperson Cox reviewed Staff's recommended condition that an easement be granteql so that in the future if the applicant does not lease and control the southerly building and the use changes, the driveway could be closed off and access be provided from his property. Vice Chairperson Cox asked Mr. Edmonds if he is willing to comply with this condition? Richard Edmonds replied No. He explained there are two separate tax lots. ODOT asked him three years ago if he would close the driveway off they would allow a 50-foot approach, 25 on either side of the property. Mr. Edmonds reported his attorney did not find it feasible at that time to join the properties because this property has had three law suits since 1983 to 1996 fighting the lease on the property. Vice Chairperson Cox commented Mr. Edmonds likes to regard his businesses as "a unit" for some purposes and yet when it comes to reducing the driveway impact he does not. Chairperson Young referred to page 21 of the Staff Report, item #22 of the Conditions. He inquired if an ODOT approach permit has been secured? Richard Edmonds did not understand why he would have to obtain a permit when the driveway is already there. Staff interjected any time a site is modified, whether it be change of use or addition on intensity of use, ODOT can require a new approach road permit. He added ODQT may approve the permit with no changes whatsoever but they do require a new permit based on the new intensity or use because it is accessing a State highway. Planning Commission Meeting - December 9, 1999 Page 4 of 10 8B Commissioner Bandelow requested justification for the roll up door in the 40~and 50-foot section. Richard Edmonds clarified the door will be used as an exit for completed cars. Commissioner Mill expressed his concerns regarding the noise level. He asked Mr. Edmonds what he is thinking as far as keeping that door closed during the summer months and only opening it when a vehicle needs to be pulled out? He also asked Mr. Edmonds if he has received any complaints from neighbors regarding noise? Richard Edmonds stated fans are supplied during the summer time. He added good ventilation runs through there. Mr. Edmonds reported he received one complaint pertaining to an employee's radio being too loud. He commented he has covers over the compressors to deflect any possible noise. Commissioner Bandelow asked if there is any possibility that the landscaping could help deflect the noise where the roll up door will be? Staff remarked landscaping is not effective at attenuating noise. He stated it would need to be a solid mass like a wall or solid fence. Staff indicated the need for the 50-foot roll up door is because the opening is adjacent to a residential use. Commissioner Bandelow also inquired if the reason for the 50 foot roll up door is because of nois(~? Staff answered yes. He explained the openings are limited especially when it is adjacent to residential uses. Commissioner Heer questioned whether it would be appropriate to make it part of the condition that a cement fence be put up? Staff responded you can require a solid wall. He stated this would be effective to attenuate the noise. The higher the wall the better the attenuation. Staff explained the cost would depend on the material, height and length of the wall. Richard Edmonds commented an 180 foot solid block wall constructed where the two houses are would cost approximately $16,000. He said he talked with the two neighbors that will be affected by this and both prefer the fence than a block wall because the block wall will make it look more like a prison. Chairperson Young asked if the trash receptacle is for front load equipment? He also inquired whether there will be adequate area for the front loader to turn around? Richard Edmonds said it is for front load equipment and they will have adequate turn around area. Additionally, Mr. Edmonds referred to page 21 Item #21 of the Staff Report, Conditions of Approval and commented the manhole cover required by Public Works will not help the flooding problem. He stated the problem stems from the neighbors leaves plugging up the rain water runoff drain system that drains over to the other property. Planning Commission Meeting - December 9, 1999 Page 5 of 10 8B Staff interjected it is his understanding there seems to be some disagreement between the Public Works Department and the design that the applicant has shown the Public Works staff. Staff further commented some thing would have to be resolved by them if what the applicant states exists and it is adequate and can be located, it would then satisfy the condition. If not, then the condition must be met. Richard Edmonds stated there is a difference of opinion in regards to the buildings occupancy code which is an S-3 category. The Fire Marshall states the building is an H-4 category. Mr. Edmonds said he then would have to install 1-hour and 2-hour walls with all different doors, windows and vent systems in the office. Mr. Edmonds also stated he spoke with the Building Inspector, David Maret and was told that the Building category is an H-4. Vice Chairperson Cox commented the Commission should not impose these types of conditions because they do not have any expertise about them. Furthermore, he does not want to cut corners on fire safety. He added he does not want to get involved in this decision. Vice Chairperson Cox remarked fire safety requirements must still be met and there are other procedures to appeal a determination of the occupancy code. He added the Commission can not resolve these issues for Mr. Edmonds. Richard Edmonds said the requested 16 ft easement to install the fire hydrants will take away from his property. Testin~ony by Proponents None Testimony by Opponents None Hearing Closed Chairperson Young closed the public hearing and opened discussion by the Commission. Discussion Vice Chairperson Cox commented he does not believe the project meets the Variance tests nor the test for changing the fence type. He reiterated the Commission can not get involved in these disputes because they do not know enough about the issue to answer those types of questions. Vice Chairperson Cox also stated they can not override the other laws and rules because it is outside of their jurisdiction. Commissioner Mill stated he is not comfortable with the roll-up door being in such close proximity to the property line to the residences. He stated there are other types of walls that can be more attractive and attenuate the noise situation. Commissioner Mill commented he believes a 7 foot fence height is a good idea. He remarked he is not sure the applicant will lose 25 feet of building if the building is dropped back 10 feet. Additionally, he pointed out, as indicated in the Staff Report, the building can be reconfigured to meet the needs. Commissioner Lonergan thinks it is a good plan and is glad Mr. Edmonds' business has Planning Commission Meeting - December 9, 1999 Pag'e 6 of 10 8B done well. However, he expressed his concerns with the roll-up door. Commissioner Lonergan believes there will be too much noise coming out of there and we have a responsibility to these neighbors as well as the future neighbors. He further added he has no problems in granting the Variance for the fence. Commissioner Bandelow also agreed the 6 foot fence makes good sense. She further commented she is in the same quandary as everyone else regarding the roll-up door and stated we must be careful when granting Variances that have to do with residential and commercial being in close proximity. In summary, Commissioner Bandelow said she is leaning towards not granting the Variance for the roll-up door and having the applicant bring this back to the Commission. Commissioner Heer stated the 6 foot fence seems reasonable to her. She pointed out it makes sense to have the door where it is. Commissioner Heer also commented the neighbors obviously knew they lived next door to commercial and therefore, she supports the Variance. Chairperson Young said he agrees with the 6 foot fence under the landscaping policies and standards. However, he does have a problem with the door. He indicated the zoning ordinances are a little bit stronger and that really sets the precedence for the way we do business in the City. Therefore, he would be opposed to changing the zoning ordinance. Commissioner Mill requested Staff provide examples of the concept of "practicaldifficulty". Staff provided several examples. (1) Shape of the lot i.e., placement of a reasonably sized house on a 30 foot narrow lot, (2) Rear yard setbacks i.e., expansion of rooms to accommodate the need for extra space for wheelchair bound individuals so they are able to manipulate the wheelchair. Staff pointed out a Variance is not granted for just the convenience of the applicant or for economic reasons. Commissioner Mill remarked he does not see "practical difficulty" as an issue in this particular instance and we would be making allowances for hardship for precisely economic or convenient reasons. Chairperson Young agreed with Commissioner Mill. Vice Chairperson Cox questioned whether there will be a claim that the applicant has lost his appeal rights because the Planning Commission placed this condition regardless of what the fire code requires? Staff responded No. He explained these conditions might be modified under the interpretation of State laws. Vice Chairperson Cox moved to approve Site Plan Review 99-18 and Variance 99-12 as far as it relates to the fence and deny the Variance for the roll-up door at less than 50 foot standard with an additional condition that the new asphalt paving in the northwest corner be put in. Staff to return with facts and findings. Commissioner Lonergan seconded the motion. Motion unanimously carried. Planning Commission Meeting - December 9, 1999 Page 7 of 10 8B FINAL ORDERS - A.~. Site Plan Review 99-20, approval to construct a 12 room addition to an existin.q 47 room hotel (Hawthorne Inn and Suites), 120 Arney Rd, Lindquist Architects, applicant. Vice Chairperson Cox moved to accept Site Plan Review 99-20 as presented by Staff. Commissioner Mill seconded the motion, which unanimously carried. B__~. Planned Unit Development 99-01, Minor Partition 99-05, proposed 228-unit development for single-family residential on 33.2 acres, request to partition Lot #8 of the Tukwila PUD to create 3 parcels & subdivide 2 of the parcels to create 93 single-family, The Links @ Tukwila Phase I, Jimmy Bellomy, applicant (continued). Vice Chairperson Cox stated Bob Shields, City Attorney, provided a lot of input into drafting this order and complimented him for a job well done. Vice Chairperson Cox moved to accept the order as written. Commissioner Heer seconded the motion. Motion carried. DISCUSSION ITEMS A._~. Site Plan Review 99-21, proposed 2,870 sq. ft. fast food restaurant with drive- thru, Jack-in-the-Box, Highway 214 and Arney Rd. adjacent to the Texaco Station and the Hawthorne Inn Suites, Charlie Patton, applicant (administrative approval). Chairperson Young said he visited the site. He commented there is a drainage system with a depression area in one corner. He asked Staff whether this will remain a detention pond al~d if there will be anything that will prevent children from accessing the area? Staff remarked the applicant obtained permission from the Division of State Lands to fill the wetland that was shown on that portion of property. He stated one of the conditions is that they obtain approval from Public Works for the work that was done. Staff was not sure if Public Works standards address the safety issue. Commissioner Lonergan inquired whether the land north of this between the property line and Arney Road is develop able. Staff answered affirmatively. He explained Jack-in-the-Box will only take a little bit less than half of the entire parcel. He also stated Staff will have them landscape around the culvert and basin so it will look presentable once the remaining portion is developed. Commissioner Mill requested clarification regarding ODOT's comments. Staff stated there are problems with the traffic going southbound from Arney Road onto Highway 219. Presently there is a right-turn only sign. Unfortunately a lot of people coming back from the Outlet Mall will turn back down Arney Road going by the proposed Jack-in-the- Box instead of going westbound on Arney Road to get to the freeway. Staff further commented traffic will then turn right and make a left past the raised median which is causing potential traffic hazards. ODOT wants to prevent any turns at that intersection. Therefore, ODOT wants Jack-in-the-Box to place some sort of barrier to prevent any turns, including right hand turns. Consequently, the only turning movement at that intersection Planning Commission Meeting - December 9, 1999 Page 8 of 10 8B would be a right turn northbound onto Arney Road. specific on what design will be utilized. Staff indicated ODOT has not been Vice Chairperson Cox moved to accept Site Plan Review 99-21 as presented by Staff. The motion was seconded by Commissioner Bandelow. Motion carried. REPORTS A~ Building Activity for November 1999 BUSINESS FROM THE COMMISSION Commissioner Heer requested Staff to include in the Planning Commission packet a copy of Council's agenda. Commissioner Lonergan suggested copies of the Council minutes be provided as well. Staff stated copies of the Council minutes can be included in the Commission packet. Staff also reminded the Commission copies of the Tracking Sheet for Planning projects will be provided to them on a monthly basis. The sheet will help the Commission see what projects will be coming up. Commissioner Bandelow reported the Oregon Association of Realtors has raised dues statewide with a large portion of the increase going specifically to investigate and to lobby. She added the Association have taken the position that ODOT is seen by the State as a Planniqg Organization. Staff announced the Land Conservation Development Commission has offered the City financial support if we participate in a regional economic study in which Woodburn would literally be the focal point. The City wants to participate in this study because through the economic analysis, it may show that we are eligible for some additional industrial land. Consequently, giving even more weight to our argument that we need the improvements on Highway 214 and possibly with additional improvements to the Parr or St. Louis overpass. Staff indicated the study will take between six to eight months. Commissioner Lonergan asked Staff when the next Planning Commission meeting will be? Staff answered in January. He wished everyone happy holidays! Commissioner Heer requested the City Council agenda be mailed to the Commissioners. Commissioner Bandelow stated someone asked her why the City Council agenda could not be published in the weekend edition of the VVoodburn Independent? She stated the Independent will accept items as late as Fridays before noon. Staff said this would be something he would have to talk to the City Administrator about. Staff inquired if the Commission would like the City Council agendas and the minutes of the last Council meeting? Planning Commission Meeting - December 9, 1999 Page 9 of 10 8B Vice Chairperson Cox stated at least the portion of minutes that pertain to-anything that comes up from the Planning Commission. Commissioner Mill suggested it be scaled down to what is specific for them. Staff reported the minutes will be in their packets and the agenda would be mailed out Fridays. ADJOURNMENT Commissioner Heer moved to Commissioner Mill which carried. adjourn the meeting. Motion was seconded by Planning Commission Meeting - December 9, 1999 Page 10 of 10 A/P CHECK LISTING FOR THE MONTH OF DECEMBER 1999 8C CHECK NO 48575 48576 48577 48578 48579 48580 48581 48582 48583 48584 48585 48586 48587 48588 48589 48590 48591 48592 48593 48594 48595 48596 48597 48598 48599 486OO 486O1 48602 48603 486O4 486O5 48606 486O7 486O8 486O9 4861O 48611 48612 48613 48614 48615 48616 48617 48618 48619 48620 DEPARTMENT POST HTR-VARIOUS PTTY CASH-VARIOUS VOID VOID VOID SERVICES-RSVP REFUND-BUILDING SUPPLIES-STREET SERVICES-PARKS SERVICES-ENG SERVICES-PARKS SERVICES-VARIOUS SERVICES-PARKS SUPPLIES-ENG SERVICES-PLAN SERVICES-RSVP SUPPLIES-POLICE SUPPLIES-RSVP REIMBURSE-FINANCE SUPPLIES-POLICE SERVICES-FINANCE S~ERVICES-VARIOUS sUPpLIES-BUILD SERVICES-ENG RI--[MBURSE-FINANCE SERVICES-POLICE SERVICES-HOUSING SUPPLIES-POLICE SUPPLIES-POLICE SERVICES-HOUSING SERVICES-VARIOUS SERVICES-ENG SERVICES-STREET SERVICES-STREET SUPPLIES-WATER SUPPLIES~'.SVP SUPPLIES-PARKS SERVICES-POLICE SUPPLIES-FINANCE SUPPLIES-WWTP SUPPLIES-ENG SUPPLIES-STREET SERVICES-VARIOUS SUPPLIES. 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SERVICES-POLICE SERVICES-HOUSING SERVICES-PARKS SERVICES-VARIOUS SERVICES-ENG SERVICES-WWTP SERVICES-WWTP SERVICF_S-POLICE SERVICES-NON DEPT SUPPLIES-POLICE SERVICES-PARKS SUPPLIES-PARKS SERVICES-VARIOUS SUPPLIES-WWTP SUPPLIES-RSVP SERVICES-WWTP SUPPLIES-PARKS SUPPLIES-DAR SUPPLIES-WATER S~RVICES-PUB WKS SUPPLIES-PARKS SERVICES-PARKS SERVICES-VARIOUS SUPPLIES-WWTP SERVICES-VARIOUS SERVICES-VARIOUS SERVICES-VARIOUS SUPPLIES-POLICE SUPPLIES-WWTP SUPPLIES-RSVP SUPPLIES-Al-FY SERVICES-POLICE SUPPLIES-VARIOUS SERVICES-MAYOR SERVICES-WATER VOID VOID VOID SERVICES-POLICE SERVICES-SELF INS REFUND-BUILDING SUPPLIES-PARKS MARION CTY TREASURY 012223 12110199 $54.00 MARV ELLIS INC 012245 12/10199 $7,217.00 METROFUELING 012448 12/10/99 $1,317.71 DR CLEON MILLER 012509 12/10/99 $524.00 MIRACLE TOUCH PAINT 012512 12/10/99 $3,669.00 MUFFLERS HITCHES 012655 12/10/99 $208.21 NW NATURAL 013350 12/10/99 $559.75 ONSITE ENVIRON 014055 12/10/99 $2,183.70 OR ANALYTICAL LAB 014107 12/10/99 $340.00 OR DEPT OF AGRIC 014205 12/10/99 $20.00 OR DMV 014240 12/10/99 $45.50 PACIFIC NETCOM 015038 12/10/99 $968.74 PAULS SMALL MTR 015175 12/10/99 $67.59 PINNACLE TECH 015325 12/10/99 $13,750.00 PIONEER GLASS 015330 12/10/99 $124.90 PIONEER ELECTRONICS 015345 12/10/99 $319.97 PORT GENERAL ELEC 015420 12/10/99 $21,629.98 3ACK RAWLINGS 017054 12/10/99 $652.06 ROTHS IGA 017340 12110199 $45.92 RUFF'IN CONST 017345 12/10/99 $9,792.00 SAFFRON SUPPLY 018020 12/10/99 $188,36 SCHETKY NW SALES 018240 12/10/99 $358.00 LES SCHWAB TIRE 018300 12/10/99 $539.67 SHAPIRO & ASSOC 018425 12/10/99 $348.68 SHOOTER MERCANTILE 018453 12/10/99 $100.00 SOLO SPECIAL EDITION 018603 12/10/99 $133.00 SONll'ROL 018605 12110199 $1,3OO.00 STATESMAN 3OURNAL 018760 12/10/99 $454.00 US OFFICE 019100 12/10/99 $85.58 UNITED DISPOSAL 020020 12/10/99 $1,009.20 US WEST COMM 020091 12110199 $291.87 US WEST CC)MM 020095 12/10/99 $1,369.77 VAUGHNS INC 021121 12/10/99 $387.50 VIKING OFFICE 021180 12/10/99 $412.17 VWR SCIENTIFIC 021300 12110199 $526.13 WALMART STORES 022035 12/10/99 $28.84 WEST GROUP 022160 1Z/10/99 $287.12 WBN FLORIST 022600 12/10/99 $30.00 WBN RADZATOR 022700 12/10/99 $187.00 YES GRAPHICS 024025 12/10/99 $5,942.10 DEREK LISBY NONE 12/13/99 $120.00 VALLEY MAILING 021044 12/16/99 $441.60 VOID VOID $0.00 VOID VOID $0.00 VOID VOID $0.00 GORDON STAHI.BERG NONE 12/17/99 $431.00 LEGACY VISITING NONE 12/17/99 $20.00 RICHARD EDMONDS NONE 12117199 $908.00 OR RAILWAY NONE 12117/99 $86.55 Page 3 A/P CHECK ! 1'STING FOR THE MONTH OF DECEMBER 1999 48720 48721 48722 48723 48724 48725 48726 48727 48728 48729 48730 48731 48732 48733 48734 48735 48736 48737 48738 48739 48740 48741 48742 48743 48744 48745 48746 48747 48748 48749 48750 48751 48752 48753 48754 48755 48756 48757 48758 48759 48760 48761 48762 48763 48764 48765 48766 48767 48768 SERViCES-RSVP SERV~CES-ENG SERWCES-PARKS SERViCES-PARKS SUPPLIES-STREET SERViCES-VARIOUS SUPPLtES-STREET SERV~CES-tJBRARY SERVICES-VARIOUS SERVICES-STREET SUPPLIES-BUiLD REIMBURSE-F[NANCE SUPPLIES-PUB WKS SERVICES-SELF INS SERVICES-PARKS SUPPLIES-STREET SERVICES-FINANCE SUPPLIES-FINANCE SERVICES-VARIOUS SERVICES-Alq'Y SERVICES-ATfY SERVICES-PLAN SUPPLIES-PARKS SUPPLIES-STREET SUPPLIES-WWTP SERVICES-POLICE SUPPLIES-WATER SERVICES-STREET SUPPLIES-STREET SUPPLIES-POLICE SUPPLIES-POnCE SUPPLIES-VARIOUS SERVICES-TRANSIT REIMBURSE-PARKS SERVICES-NON DEPT SUPPLIES-PARKS PEI'rY CASH-VARIOUS CASH-NON DEPT SERVICES-WATER ¥O~D VOiD ¥O~D VOID SERVZCES-RSVP SERVZCES-PARKS SUPPLZ~CE SERVZCES-POL[CE SUPPLtES-WWTP BILL COLEMAN NONE 12/17/99 $100.00 AEROTEK INC 000080 12/17/99 $478.00 ARCH PAGING 000535 12/17/99 $15.92 AT & T 000623 12/17/99 $11.73 BATTERIES PLUS 001161 12/17/99 $79.99 BOLDT, CARL[SI F 001345 12/17/99 $1,775.00 CASCADE NUT 002224 12/17/99 $47.56 FRIENDS OF LIBRARY 005347 12/17/99 $54.47 ROBERT GIBSON 006175 12/17/99 $2,667.90 HIRE CAU_tNG 007240 12/17/99 $573.14 LbL BUILDING 011010 12/17/99 $23.59 GERALD LE~MBACH 011190 12/17/99 $129.99 MARION COUNTY CLERK 012087 12/17/99 $235.25 MARION CTY TREASURY 012223 12/17/99 $480.00 MCLARENS CARPET 012398 12/17/99 $2,680.22 NATIONAL CHEMSEARCH 013030 12/17/99 $351.76 NEW HORIZONS 013165 12/17/99 $5.00 NORVAC ELECTRON[CS 013373 12/17/99 $143.95 ONE CALL CONCEPTS 014054 12/17/99 $110.70 OR CITY ATTYS ASSOC 014145 12/17/99 $55.00 OR STATE BAR 014500 12/17/99 $400.50 OREGONIAN PUBLISH 014653 12/17/99 $542.34 PACZFIC PRINTERS 015058 12/17/99 $72.00 PORT GENERAL ELEC 015420 12/17/99 $10,096.55 PUBLIC WKS SUPPLY 015648 12/17/99 $267.37 3ACK RAWLINGS 017054 12/17/99 $166.66 RINGEYS RADAR 017210 12/17/99 $78.00 LES SCHWAB 018300 12/17/99 $109.28 SHAPIRO & ASSOC 018425 12/17/99 $36.00 SLATER COMM 018522 12/17/99 $848.85 SOLO SPEC[AL EDI'I'iON 018603 12/17/99 $268.00 TERRITORIAL SUPPLIES 019060 12/17/99 $186.47 US OFFZCE 019100 12/17/99 $731.71 Ti:MS DIESEL 019167 12/17/99 $1,181.52 D RANDALL WESTRICK 022260 12/17/99 $33.98 CHAMBER OF COMMERCE 022510 12/17/99 $2,000.00 WBN FERTIL]ZER 022590 12/17/99 $105.13 CITY OF WOODBURN 015255 12/17/99 $151.43 US BANK 020070 12/20/99 $10,000.00 VALLEY A LZNG 021O44 12/22/99 $388.80 VOID VOID $0.00 VOID VOID $0.00 VOID VOID $0.00 VOiD VOID $0.00 BATEMAN SENIOR MEALS NONE 12/22/99 $248.00 GERVAZS SCHOOL NONE 12/22/99 $100.00 LANDS END NONE 12/22/99 $127.95 GGFM NONE 12/22/99 $350.00 ABIQUA SUPPLY (XX)034 12/22/99 $390.00 Page 4 A/P CHECK LISTING FOR THE MONTH OF DECEMBER 1999 '~C 48769 48770 48771 48772 48773 48774 48775 48776 48777 48778 48779 48780 48781 48782 48783 48784 48785 48786 48787 48788 48789 48790 48791 48792 48793 48794 48795 48796 48797 48798 48799 48802 48803 488O4 48805 48807 488O8 48809 48810 48811 48812 48813 48814 48815 48816 48817 SUPPI TES-WWTP SERV~CES-ENG SUPPI tES-WWTP SUPPLIES-ENG SUPPLIES-WWTP SUPPLIES-PARKS SERVICES-WATER SUPPLIES-POI TCE SERVICES-PARKS SERViCES-POLICE SERV~CES-WWTP SUPPI tES-WWTP SERVZCES-WWT'P SUPPLIES-.POI tCE SERVICES-WWTP RETAINAGE-WWTP SERVICES-COURT SERVICES-PUB WKS SERVICES-ENG SERVICES-PARKS ~ERVICES-WWTP SUPPLIES-PARKS SERVICES-LIBRARY SUPPLIES-WW'rP SERVICES-PARKS SUPPI TES-FC)LICE SERVICES-STREET SUPPLIF_S-WWTP SERVICES-WWTP SUPPLIES-WWTP SUPPLIES-FINANCE SUPPLIF_S-WWTP SERVICES-WATER SERVICES-PARKS SUPPLIES-VARIOUS SERVICES-WWTP SERVICF_S-WWTP SERVICES-POLICE SERVICES-WWTP SERVICES-WWTP SERVICES-~ SUPPI TES-WWTP SERVICES-WATER SUPPLIES-WWTP SUPPLIES-WWTP SUPPLIES-WWTP ADS EQUIPMENT AEROTEK INC AIR OIL PRODUCTS AIR TOUCH CELLULAR ALL PURE CHEMICAL AMEREC SAUNA AMTEST OREGON ARAMARK UNIFORM AWARDS & ATHLETICS AT&T WIRELESS AT&T LANGUAGE BROWN & CALDWELL CALIFORNIA CONT CHEMEKETA COMM COLL CHIEF SUPPLY CORP CH2M-HILL CITY OF WOODBURN MARGOT COMLEY CRANE & MERSETH CRYSTAL SPRINGS DAILY JOURNAL DE HAAS & ASSOC ENGELMAN ELECTRIC lAMES W FOWLER CO FRANKLIN COVEY GE CAPITAL WW GRAINGER ]ERRY L GROFF PE HARRIS UNIFORMS HIRE CALLING IND WELDING IKON OFFICE INSTANT FIRE KEYSTONE LEARNING LAWSON PRODUCTS LINDS MARKET MN CT~ ENV HEALTH METROFUELING MOLALLA COMM NEXTEL COMM NORCOM NORTH COAST F_LEC NW BIOSOLIDS MGMT OR STATE UNIV PLAIT ELECTRIC RADIX CORP lACK RAWLINGS RED WING SMOE 000050 OOOO8O 000112 000113 000136 000190 OOO4OO 000534 000580 000655 000659 001573 002028 002410 002442 002478 002525 002686 002896 002919 003020 003108 005215 005332 006079 0O6283 OO6355 007090 007240 008119 010082 011176 011240 012125 012~t8 012563 013188 013198 013215 013262 014550 015340 017035 017054 017138 018455 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12122199 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 12/22/99 lZ/22/99 12/22f99 12122199 12/22/99 12/22/99 12/22/99 12/22/99 12122/99 12/22/99 12/22/99 12122/99 12122199 12/22/99 $443.57 $886.00 $619.05 $74.00 $640.0O $28.05 $258.00 $64.78 $124.40 $17.03 $616.60 $52,462.47 $310.70 $500.00 $158.50 $10,289.13 $68,055.91 $143.75 $3,027.79 $11.00 $24.38 $384.85 $1,876.70 $1,293,062.40 $61.00 $119.10 $1,050.00 $305.75 $432.66 $31.93 $16.77 $265.i0 $977.45 $54.31 $30.00 $477.50 $1~193.09 $230.65 $431.22 $20,681.25 $133.49 $250.00 $220.00 $256.74 $336.00 $499.99 Page 5 48818 48819 48820 48821 48822 48823 48824 48825 48826 48827 48828 48829 48830 48831 48832 48833 48834 48835 48836 48837 48838 48839 48841 48842 48843 48845 48846 48847 48848 48849 48850 48851 48852 48853 48854 48855 48856 48857 48858 48859 4886O 48862 48863 48864 48865 48866 A/P CHECK LISTING FOR THE MONTH OF DECEMBER 1999 SUPPLIES-FINANCE SUPPLIES-WWTP SERVICES-WWTP SUPPLIES-STREET SERVICES-PUB WKS SERVICES-WWTP SERVICES-VARIOUS SUPPLIES-POLICE SUPPLIES-PARKS SUPPI TES-VARIOUS SERVICES-WATER VOID VOID VOID SERVICES-POLICE SUPPLIES-ENG SERVICES-PLAN SERVICES-VARIOUS SERVICES-PARKS SERVICES-VARIOUS SERVICES-ENG SERVICES-VARIOUS SERVICES-PARKS SERVICES-PARKS SUPPLIES-PLAN SERVICES-VARIOUS SERVICES-POLICE SERVICES-VARIOUS SUPPLIES-PARKS SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-PARKS SUPPLIES-PARKS SUPPLIES-VARIOUS SERVICES-POLICE SUPPLIES-FINANCE SUPPLIES-VARIOUS SUPPLIES-POLICE SUPPI TES-ENG SERVICES-WWTP SUPPLIES-VARIOUS SERVICES-WATER SUPPLIES-WWTP SUPPLIES-VARIOUS SERVICES-POLICE SERVICES-STREET SUPPLIES-VARIOUS 8C SOFTWARE SPECTRUM 018600 12/22/99 $26.00 US OFFICE PROD 019100 12/22/99 $122.49 TSR CORP 019270 12/22/99 $4,000.00 UNOCAL ERNIE GRAHAM 020010 12/22/99 $763.29 UNION PACIFIC 020015 12/22/99 $292.86 US GEOLOGICAL SURVEY 020060 12/22/99 $4,740.00 US WEST COMM 020095 12/22/99 $109.98 VIKING OFFICE 021180 12/22/99 $195.66 WBN INDEPENDENT 022630 12/22/99 $42.00 YES GRAPHICS 024025 12/22/99 $356.30 VALLEY MAILING 021044 12/29/99 $395.20 VOID VOID $0.00 VOID VOID $0.00 VOID VOID $0.00 THE [XX3RMAN NONE 12/30/99 $65.00 NEUTRON INC NONE 12/30/99 $82.08 PLANNERS TRAINING NONE 12/30/99 $40.00 A&A PEST CONTROL 000011 12/30/99 $185.00 ACE SEPTIC 000031 12130/99 $160.00 ADV LASER IMAGING 000066 12/30/99 $158.95 AEROTEK 000080 12/30/99 $1,090.00 AIR TOUCH CELLULAR 000113 12/30/99 $1,092.61 AIR TOUCH PAGING 000115 12/30/99 $19.14 ALPHA PEST CONTROL 000165 12/30/99 $149.00 AM PLANNING ASSN 000270 12/30/99 $34.00 A--QUALITY TYPEWRITER 000't20 12/30/99 $65.45 ARAMARK UNIFORM 000534 12/30/99 $1,251.91 AUTO ADDITIONS 000558 12/30/99 $101.00 AT & T 000623 12/30/99 $112.21 HOUSEHOLD BANK 001199 12/30/99 $631.35 BEN FRANKLIN 001205 12/30/99 $75.37 BI MART CORP 001275 12/30/99 $137.69 CASCADE POOLS 002226 12/30/99 $41.30 CLACKAMAS LOCK 002558 12/30/99 $8.00 COASTAL FARM 002625 12/30/99 $349.97 CRYSTAL SPRINGS 002919 12/30/99 $24.00 CTL CORP 002926 12/30/99 $673.29 DAVISON AUTO 003080 12/30/99 $573.14 DAVISON AUTO 003081 12/30/99 $26.96 ENG CONTROL PROD 004180 12/30/99 $55.00 EUGENE HILTON 004425 12/30/99 $177.64 FARM PLAN 005062 12/30/99 $124.66 FCS GROUP INC 005072 12/30/99 $297.57 FOTO MAGIC 005258 12/30/99 $38.54 GLOBAL COMPUTER 006212 12/30/99 $77.87 GW HARDWARE 006405 12/30/99 $1,618.19 HILLYERS MID CITY 007228 12/30/99 $3443.22 HIRE CALLING 007240 12/30/99 $376.47 IND WELDING 008100 12/30/99 $31.59 Page 6 A/P CHECK I TS'I'~NG FOR THE MONTH OF DECEMBER 1999 8C 48867 48868 48869 48870 48871 48872 48873 48874 48875 48876 48877 48878 48879 48881 48882 48883 48884 48885 48887 48888 48889 48890 48891 48892 48893 48894 48895 4889~ 48897 48898 48899 48902 48903 48905 489O6 48907 489O8 48909 48910 48911 48912 48913 48914 48915 SERVICES-PARKS SERVICES-POLICE SUPPLIES-C GARAGE SUPPLIES-VARIOUS SERVICES-A'n'Y SUPPLIES-PARKS SERVICES-VARIOUS SERVICES-COURT SERVICES-PLAN SUPPLIES-VARIOUS SERVICES-VARIOUS REIMBURSE-PLAN SUPPLIES-ADMIN SERVICES-WATER SUPPLIES-WWTP SERVICES-PARKS SERVICES-ENG SUPPLIES-WTR SERVICES-ATTY SERVICES-MAYOR SUPPLIES-ATrY SUPPLIES-RSVP SUPPLIES-WATER SUPPLIES-PARKS SUPPLIES-POLICE SUPPLIES-WW'rP SUPPLIES-PARKS SERVICES-BUILD SUPPLIES-VARIOUS SUPPLIES-STREET SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-PARKS SERVICES-POLICE SERVICES-WWTP SERVICES-PARKS SUPPLIES-VARIOUS SUPPLIES-POLICE SUPPLIES-WWI'P SERVICES-VARIOUS SERVICES-FINANCE SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-PARKS SUPPLIES-PARKS SERVICES-NON DEPT SERVICES-SELF INS SUPPLIES-PARKS IOS CAPITAL INTL ASSOC FOR PROP INTERSTATE AUTO LSd. BUILDING LEAGUE OF OR CITIES LINCOLN EQUIPMENT LUCENT TECH MSI GROUP MARION CTY TREASURY MR P'S AUTO PARTS MUFFLERS HITCHES 3IM MULDER NAT BUSINESS FURN NORLIFT OF OREGON NORTHSTAR CHEM NW ELEVATOR ONSITE ENVIRON OR DEPT OF ADMIN OR DISTRICT ATTY OR MAYORS ASSOC OREGON STATE BAR PACIFIC PRINTERS PAULS SMALL MTR PEPSI COLA PIONEER ELECTRONICS PRAXAIR DIST PROMOTIONS WEST RLM CONSULTING ROTHS IGA SALEM BLACKTOP SCHUCKS COMMERCIAL LES SCHWAB TIRE SEARS COMM CREDIT SHOOTERS MER SIERRA SPRINGS US OFFICE PROD TIMELESS ENTER UNOCAL ERNIE GRAHAM UNITED DISPOSAL US WEST COMM WA~! TNG SAND WALMART STORES WILL CHAP RED CROSS WITHERS LUMBER WBN INDEPENDENT WBN RADIATOR WBN RENT-ALL 008118 008230 OO8295 011010 011110 011250 011370 012015 012223 012510 012655 012670 013023 013200 013235 013275 014055 014198 014268 014345 014500 015058 015175 015225 01534.5 015480 015563 017257 017340 O18O6O 018283 018300 018318 018453 O1846O 018605 OlglO0 019159 020010 020020 020095 021180 022029 022035 022328 022~,5 022630 022700 022708 12/30/99 12/30/99 12/30/99 12/30/99 12/30/99 12/30/99 12/30/99 12/30/99 12/3o/99 12/30/99 12/30/99 12/30/99 12/30/99 12/30/99 12/30/99 12/30/99 12/30/99 12/30/99 12/30/99 12/30/99 12/30/99 12/3o/99 12/3o/99 12130/99 12130/99 12/30/99 12/30/99 12130199 12/30/99 12/30/99 12/30/99 12/30/99 12/30/99 12/3o/99 12/30/99 12/30/99 12130199 12/30/99 12130/99 12/30/99 12/3o/99 12/30/99 12/3o/99 12/30/99 12/3o/99 12/30/99 12130199 12130199 $470.55 $35.00 $43.70 $522.09 $1,961.00 $67.47 $868.36 $125.00 $24.43 $67.16 $672.21 $4.oo $5,517.69 $86.42 $1,130.00 $300.00 $803.20 $26.{30 $95.00 $8o.oo $110.00 $193.50 $703.96 $755.35 $78.15 $14.45 $239.50 $17,969.52 $551.96 $533.80 $76.94 $1,937.86 $128.95 $35.50 $50.OO $1,748.95 $218.45 $1,915.22 $583.10 $216.00 $149.81 $1,847.48 $175.01 $1o.oo $1,318.28 $3o.oo $405.OO $9.75 Page 7 A/P CHECK LZSTZNG FOR THE MONTH OF DECEMBER 1999 8C 48916 48917 48918 48919 48920 48921 48922 48923 48924 48925 48926 48927 48928 48929 48930 48931 48932 SUPPL.[ES-WATER REiMBURSE-RSVP REiMBURSE-RSVP REiMBURSE-RSVP REiMBURSE-RSVP REiMBURSE-RSVP REiMBURSE-RSVP REIMBURSE-DAR REtMBURSE-DAR REiMBURSE-DAR REiMBURSE-DAR RE[HBURSE-DAR REiMBURSE-DAR RL~M-DAR/WTR REiMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR YES GRAPHICS 024025 12/30/99 CHARLES MOHLER 035555 12/30/99 ALHEDA QUIR.tNG 035608 12/30/99 MARIAN REED 035615 12/30/99 .]UNE WOODCO(~ 0356~8 12/30/99 RICHARD SNYDER 035655 12/30/99 .]AY WOODS 035763 12/30/99 KARL ANDERS 045070 12/30/99 EX]ROTHA BORELAND 045100 12130199 CORNEl TUS DONNELLY 045230 12/30/99 LEONARD G~AUQUE 045290 12/30/99 FRED HAYES 045315 12/30/99 ] WARD 0 BP~EN 045497 12/30/99 .]OAN PREZEAU 045525 12/30/99 GERTRUDE REES 045545 12/30/99 FRED TOPOREK 045660 12/30/99 HA'I-I'IE VANDECOVERING 045670 12/30/99 $918.90 $13.50 $12.60 $19.20 $38.40 $38.40 $9.50 $30.25 $151.00 $102.50 $172.50 $142.25 $235.25 $32.50 $11.00 $52.50 $1,713,448.83 Page 8 Community Development 270 Montgomery Street Woodburn, Oregon 97071 8D MEMORANDUM (503) 982-5246 Date: To: From: Subject: December 30, 1999 Steve Goeckritz, Community Development Director Robert L. Mendenhall, Building Official Building Activity for December 1999 December 1997 December 1998 December 1999 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 7 $1,055,863 6 $785,219 34 $3,353,364 Multi Family; 0 $0 $0 0 $0 Residential Adds & Alts 9 $90,000 1 $18,000 6 $753,206 Industrial 0 $0 0 $0 0 $0 Commercial Value 2 $213,500 0 $0 0 $0 Signs, Fences, Driveways 4 $6,425 3 $28,400 7 $27,890 Manufactured Homes 9 $345,000 0 $0 0 $0 TOTALS 31 $1,710,788 4 $831,619 47 $4,134~460 July I - June 30 Fiscal Year To Date $36,709,325 $21,467,907 $20,061',168 RLM:nd Bldg~activity December 99 MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrato~''~ Public Works Program Manager J~~ Flood Plain Ordinance Amendment January 5, 2000 RECOMMENDATION: Approve the attached ordinance which amends Ordinance 2018 which regulates and constrains development and construction within flood-plain areas in the city. BACKGROUND: The Federal Emergency Management Agency (FEMA) has completed a new Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for Marion County and Incorporated Areas which includes the City of Woodburn. Because the FIS has been completed, certain additional requirements must be met under the provisions of the National Flood Insurance Act of 1968. One of these requirements is to adopt flood plain regulations that meet the standards of the National Flood Insurance Program (NFIP) to ensure continued eligibility in the program. The existing flood-plain ordinance, No. 2018, meets the basic requirements of the NFIP but some housekeeping changes are required to update some information on changes in the responsible federal agency, update some definitions to match federal changes and to add one new definition. 9A COUNCIL BILL NO. 2015 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2018 TO INCORPORATE FEDERAL FLOOD PLAIN MAP AND REGULATION CHANGES DEVELOPED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND DECLARING AN EMERGENCY. WHEREAS, Ordinance 2018 regulates and constrains development and construction within the flood-plain areas of Woodburn, and WHEREAS, the Federal Emergency Management Agency (FEMA) has developed a new Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for Marion County, Oregon and incorporated areas including Woodburn, and VyHEREAS, certain housekeeping amendments are now necessary to modify Ordinance 2018 so that Federal Emergency Management Agency FIS and FIRM changes can be incorporated, NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 2 (a) of Ordinance 2018 is hereby amended to read as follows: (a) "Area of Special Flood Hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FIRM. Zone A is usually refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH or AR/A. Section 2. Section 2 (b) of Ordinance 2018 is hereby amended to read as follows: (b) "Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood." Page -1 - COUNCIL BILL NO. ORDINANCE NO. Section 3.Section 2 (d) of Ordinance 2018 is hereby amended to read as follows: (d) "FIRM". An acronym for Flood Insurance Rate Map. This is the official map of the community, on which has been delineated both the special hazard areas and the risk premium zones applicable to the City of Woodburn. Section 4.Section 2 (f) of Ordinance 2018 is hereby amended to read as follows: (f) "Flood Insurance Study" means the official report provided by the Federal Emergency Management Agency that is an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations. Section ,5. Section 2 (k) of Ordinance 2018 is hereby amended and relettered to read as follows: (h) "Lowest Floor" means the lowest floor of the lowest enclosed area (including a basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure'in violation of the applicable nonelevation design requirements of this ~rdinance found at Section 5(A)(2). Section 6. Section 2 (h) of Ordinance 2018 is hereby amended and relettered to read as follows: (i) "Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For insurance purposes the term "manufactured home" does not include a "recreational vehicle" which is: built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self propelled or permanently towable by a light duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. Section 7. Section 2 (j) of Ordinance 2018 is hereby amended to add an additional subsection to read as follows: (j) "Mean Sea Level" means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations on the city's FIRM are referenced. Page-2- COUNCIL BILL NO. ORDINANCE NO. Section 8. Sections 2 (i) through (n) of Ordinance 2018 are hereby relettered to become Sections (k) through (o). Section 9. Section 2 (m) of Ordinance 2018 is hereby amended and relettered to read as follows: (n) "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. Section 10. Section 2 (n) of Ordinance 2018 is hereby amended and relettered to read as follows: (o) Substantial Improvement" means any reconstruction, rehabilitation, addition or other improvement of the structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction"of the improvement. This term includes structures which have incurred damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred regardless of the actual repair work performed. The term does not, however, include either: (il) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the city code enforcement official and which are the minimum necessary to assure safe living conditions or, (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure". Section 11. Section 3 (d) of Ordinance 2018 is hereby amended to read as follows: (d) Basis for establishing the areas of special flood hazard. The area of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for Marion County and Incorporated Areas" dated January 19, 2000, with accompanying flood insurance maps is hereby adopted by reference and declared to be a part of this ordinance. In addition, the City's Storm Water Management Plan is also adopted by this ordinance and included as a part thereof. Section 12. Section 3 (f)(1) of Ordinance 2018 is hereby amended to read as follows: Page -3- COUNCIL BILL NO. ORDINANCE NO. (1) For Mill Creek main drainage channel A MAXIMUM FLOODWAY WIDTH OF 150 FEET AS DEFINED ON DATA TABLE//6 OF THE MARION COUNTY AND INCORPORATED AREA FLOOD INSURANCE STUDY. Section 13. Section 3 (f)(2) of Ordinance 2018 is hereby amended to read as follows: (2) For Senecal Creek main channel, a MAXIMUM FLOODWAY WIDTH OF 145 FEET AS DEFINED ON DATA TABLE //2 OF THE MARION COUNTY AND INCORPORATED AREA FLOOD INSURANCE STUDY. Section 14. Section 4 (a) of Ordinance 2018 is hereby amended to read as follows: (a) Establishment of development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3 (f). The permits shall be for all structures including manufactured homes as set forth in the definitions and for all other developments including fill and other activities as also set forth in the definitions. Section 15. Section 4 (f) of Ordinance 2018 is hereby amended to read as follows: (f) Alteration of water courses. (1) Notify adjacent communities and the state agency responsible prior to any alteration or relocation of a water course, and submit evidence of such notification to the Federal Emergency Management Agency. (2) Require that maintenance is provided within the altered and relocated portion of said water course so that the flood carrying capacity is not diminished. Section 16. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by Woodburn City Council and approval by the Mayor. Page -4- COUNCIL BILL NO. ORDINANCE NO. Approved as to form~ '~f~~ 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 Page -5- COUNCIL BILL NO. ORDINANCE NO. January 10, 2000 9B TO: FROM: SUBJECT: Mayor and City Council City Administrator ~ Museum Committee Recommendation: It is recommended the City Council adopt the attached Ordinance Creating a Museum Committee and Defining its Duties and Responsibilities. Background: On December 13, 1999, City Council approved staff's proposal to assume organizational and management responsibility for the World's Berry Center Museum and to establish a Museum advisory commission. You also directed staffto return at the January 10, 2000 meeting with an enabling ordinance. Discussion: The attached ordinance is consistent with your December 13, 1999 approval and direction. It establishes a seven member advisory committee to assist with and make recommendations in policy decisions regarding the museum. Member qualifications will include area residency, with background and interest in historical collections, historic preservation, and local/natural history. A high-school student, to provide a link between school history programs and/or senior projects will fill one member position. Registered voters will fill remaining seats. Terms are for four years and staggered excepting the student seat, which is a two-year term coinciding with a student's Junior and Senior years. The Committee will meet quarterly. Financial Impact: There is no financial impact from the recommended action. Museum Committee members will serve without pay, as is customary with City boards, commissions, and committees. A financial impact exists, however, with assuming the museum function. Initial costs will include staff'time, building maintenance and utilities, and will expand in time to include acquisition and capital costs. Cost estimates are being developed and will be shared with the Council and Budget Committee when available. JCB COtr C L roLL NO. 2016 ORDINANCE NO. AN ORDINANCE CREATING A MUSEUM COMMITTEE AND DEFINING ITS DUTIES AND RESPONSIBILITIES AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose. The Woodburn Museum Committee is hereby created to advise and make recommendations to the City Administrator and Mayor and City Council, on matters related to the management of the museum. Section 2. Membership. The Committee shall consist of seven (7) members, appointed by the Mayor with the approval of the City Council, and shall be responsible to the Mayor and City Council. Six (6) members shall be appointed from resident voters of the greater Woodburn area. The seventh member shall be appointed from the student body of Woodburn High School and need not be a resident voter. Members shall possess a background and interest in historic collections, historic preservation and local and/or natural history. Members shah serve without pay. Terms of office, excepting that of the member appointed from the student body of Woodburn High School, shall be four (4) years from the date of appointment and staggered so three positions will expire every two years. ~Fhe term of office for the member appointed from the Woodburn High School shaH be two (2) years from the date of appointment, which shall be in August. Ail other appointments shall be made annually, in December, upon the expiration or other determination of the members' term of office. Each member of the Committee serves at the pleasure of the Mayor and City Council and may be removed prior to expiration of their terms without cause or hearing. Members may be removed by the Mayor, with the consent of the City Council. In addition to the appointed members, the Mayor and City Administrator will serve as ex-officio members. Section 3. Meetings. The Committee shall meet quarterly, or at such times as the Committee may deem necessary and appropriate. All Committee meetings shall be conducted in accordance with the bylaws of the organization, the provisions of this ordinance and with law. Section 4. Officers. The Museum Committee shall, at its first meeting, elect a chairman and such other officers as the Committee may deem appropriate. Officers shall have such duties and authority as thc Committee shall establish, consistent with its bylaws, other provisions of this ordi- nance and with law. Section 5. Committee Responsibilities. The Museum Committee shall be responsible for advising and making recommendations to the City Administrator, and when appropriate, to the Mayor and Council, on all matters pertaining to the planning, acquisition, development and management of the Museum. 9B Page 1 = COUNCIL BILL NO. ORDINANCE NO. 9B Section 6. Budget. The Museum Committee shall participate in the preparation of the annual budget and shall recommend to the Budget Officer a budget for the expenditure of all funds produced by tax or other means for the development, promotion and management of the Museum in the City of Woodburn. Section 7. Rule~ and Regulations. The Museum Committee shall advise the City Administrator regarding preparation and adoption of reasonable rules and regulations governing the use of and proper conduct in the Museum in the City of Woodburn. Section 8. Supervision of Curator. The City Administrator shall have the responsibility for the hirin~ termination, discipline and any other personnel actions affecting the Museum Curator, or other paid museum personnel. Section 9. Internal Administrative Policies and Procedures. The City Administrator shall be the fiscal and internal administrative agent for the Museum. The museum shall operate in conformance with City administrative procedures including those pertaining to the following: (1) Personnel, including recruitment, selection, classification and pay for department stat~ (2) Personnel matters, including discipline and grievances; (3) Receipt, disbursement and accounting for monies; (4) Maintenance of general books, cost accounting records, and other financial documents; (5) Purchasing; (6) Budget administration; and (7) Operation and maintenance of equipment and buildings. Section 10. Assistance to the Committee. The Curator, shall assist the Committee in the performance of its duties, and shall prepare reports as requested by the Committee. Section 11. Annual Reports. The Museum Committee shall make a full and complete annual report to the City Council and make such other reports as may be required by the Mayor and Council. The Curator shall be responsible for the preparing the report with Committee input. Section 12. Emergency Clause. This ordinance being necessary for the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the- -j~yor. Approved as to form~.~~ 01-- 0 ~r- C000 City Attorney Date Approved: Richard Jennings, Mayor Page 2 - COUNCIL BILL NO. ORDINANCE NO. MEMO 9C TO: FROM: SUBJECT: City Administrator for Council Actio~~9~! ie Moore, C. E. Tech III through Public Works Director ~ STOP sign request on Vanderbeck Road at Boones Ferry Road DATE: January 4, 2000 RECOMMENDATION: It is recommended that Council approve the attached resolution, which would allow the installation of a stop sign on Vanderbeck Road at the intersection of Boones Ferry Road. (See attached map). BACKGROUND: Miller Links is a new subdivision, which has been construction north of Vanderbeck Road. The construction for the subdivision included the extension of Vanderbeck Road to Boones Ferry. Boones Ferry Road is classified as a minor medal in the Woodburn Tmmportation System Plan. With this extension to Boones Ferry Road there is a great need to have a stop sign on Vanderbeck at the intersection of Boones Ferry. The Manual of Uniform Traffic Control Devices (MUTCD) states that stop signs can be installed at thc intersection of a less important road with a main road or when a street enters a through highway or street. Both of these conditions apply in this case. Therefore, it is recommended that the attached resolution be approved to install a stop sign on Vanderbeck Road where it intersects with Boones Ferry Road. COUNCIL BILL NO. RESOLUTION NO. 2017 A RESOLUTION DIRECTING THAT A STOP SIGN BE INSTALLED ON VANDERBECK ROAD AT THE INTERSECTION BOONES FERRY ROAD. 9C WHEREAS, ORS Chapter 810 grants to the City of Woodburn, the authority to install stop signs at various locations within the City limits, and WHEREAS, the City Council has received and considered the attached staff report recommending that a STOP sign be placed on Vanderbeck Road at the intersection of Boones Ferry Road, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Road. That a STOP sign be installed on Vanderbeck Road at the intersection of Boones Ferry Approved as to form: City Attorney Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Approved: Richard Jennings, Mayor ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. J-':l't'l ~ ~'~'] I'J 'r'l']-~ ~i:i-ii:~i-:i:Fl~ -rrrrrrr'D'rrg' - . 0 MEMO TO: FROM: DATE: SUBJECT: City Council through City Administrator-~ Public Works Director January 6,2000 Professional Engineering Services Agreement for North Front and South Front Street 9]) RECOMMENDATION: Approve attached resolution that allows the city to enter into an agreement with DeHaas and Associates in the amount of $196,100 for professional engineering services to improve North Front and South Front Streets. BACKGROUND: The street capital improvement plan adopted by the city indicates that the engineering design activities need to be started on South Front, North Front and Boones Ferry Road without much delay. The attached resolution, if approved, will allow city to enter into agreement with DeHaas and Associates to perform engineering services for Front Street. There is another engineering consultant chosen for Boones Ferry Road and a recommendation for that agreement will be forthcoming. The start of engineering design services for East Hardcastle Street is still a year away, although one side of the sidewalk, designed to follow the future street grade, is nearly constructed. Front Street improvements are likely to reduce some of the traffic load on Settlemier Street and, without a doubt, it will improve the safety of school age children. This project will require some right-of-way acquisition and a few easements for sidewalk construction. The city must start the process now so that construction activities can start in the summer of the year 2001. 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 GST~AGMTS~)eHaas~N&SFront 9D COUN NO. 2018 RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH DEHAAS AND ASSOCIATES INC. FOR PROFESSIONAL ENGINEERING CONSULTING SERVICES TO PROVIDE DESIGN IMPROVEMENT PLANS FOR NORTH FRONT AND SOUTH FRONT STREET IMPROVEMENTS AND AUTHOI~IZING THE MAYOR AND THE CITY RECORDER TO SIGN SAID AGREEMENT. WHEREAS, the City Council considers the improvement of North Front Street From Hardcastle Avenue to the High School entrance and South Front Street from Cleveland Street to Parr Road 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, 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 North Front Street and South Front Street, improvements, which is attached hereto as Attachment "A' and by this reference incorporated herein. Section 2. authorized to sign said agreement. City Attorney That the Mayor and the City Recorder, on behalf of the City are Date APPROVED: Richard Jennings, Mayor Passed by the Council Page 1 - COUNCIL BILL NO. RESOLUTION NO. CITY OF WOODBURN ATTACHMENT PROFESSIONAL SERVICES AGREEMENT Page ! of THIS AGREEMENT is made and entered into as of the date first indicated on the signature pagc, by and between the City of Woodburn, Woodburn, Oregon, (hereinafter referred to as the "City"), and Del-lnn.~ & Associates, Inc., (hereinafter referred to as "Consultant"). WHEREAS, City r~uired services, which Consultant is capable of providing, under terms and conditions hereinafter 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 hereina~er require; NOW, THEREFORE, in consideration of those mutual promises and the terms and conditions set forth hereafter, the patties agreed as follows: Ao 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. Bo CONSULTANT'S SERVICES B.I The scope of Consultant's services and time of performance under this Agreement are set forth in Exhibit A. All provisions and covcnan~ 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 AH written documents, drawings, and plans submitted by Consultant and intended to be relied on for the project shall bear thc 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 ~mitials or those of the Consultant's authorized Project Manager sho__ll not be relied 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 AH Agreemcnts on the Consultant's part are contingcnt upon, and thc 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 unnvailability of labor at established area wage rates or delay caused by failure of the City or City'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 contractors, other consultants not under Consultant's control or governmental agencies, the performance of whose work is precedent to or concurrent with the performance of the Consultant's work. In the case of the happening of any such cause of delay, the time of completion shall be extended accordingly. B.4 The existence of this Agreement between City and Consultant shall not be construed as City's promise or assurance that Consultant will be retained for future services unrelated to this public works project. B.5 Consultant sh~__li maintain confidentiality of any private information and any public information which is exempt from disclosure under State or Federal law to which the Consuitant may have access by reason of this Agreement. Consultant warrants that its employees assigned to work on services provided in this Agreement shall maintain confidentiality. AH agreements with respect to confidentiality shall survive the termination or expiration of this Agreement. 9D Page 1- Agreement PROFESSIONAL SERVICES AGREEMENT DEHAAS & ASSOCIATRS, INC. SOUTH FRONT ~'REET & NORTH FRONT STREET Co ATTACHMENT CITY'S RESPON$IBILrr~ Page C. 1 The scope of City's respons~ilities, including those of its Project Manager, are set forth in]~xhibit B, which is attached hereto and incorporated herein. C.2 City certifies that sufficient funds are available and authorized expenditure to finance costs of this Agreement. COMPENSATION D.I Except as otherwise set forth in this subsection D, City agrees to pay Consultant a sum not to cx__cccd_ $76,150.00 for performance of those setwices outlined in Exhibit 3,, Schedule I, and a sum not to exceed $119,950.00 for performance of those services outlined in Exhibit A, Schedule H. However, compensation may be less than such maximum amount and shall be actually determined on an hourly basis as shown on the Rate Schedule 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 expenses. Consultant shall furnish with each bill for services an itemized 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 Sendces Items 1-4 of Exhibit A, but does not include Special Scn~ices 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 Consultant's standard hourly rate schedule (Exhibit C). D.2 During the course of Consultant's performance, if City of its Project Manager specifically request Consultant to provide additional services which are 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 set forth on Exhibit A as a reimbursable expense item, Consultant stroll only be entitled to the compensation amount specified in subsections D.I and D.2. Only those reimbursable expenses which are set forth on Exhibit A and itemized on Consultant's bills for services shall be the basis for which payment of those cxpcnses by City shall be owing. D.4 Except for amounts withheld by City pursuant to this agreement, Consultant will be paid for services for which an itemi?~[ bill is received by City within 30 days. D.5 City $1mll be responsible for payment of required fees, payable to governmental agencies including, but not limited to plan checking, land use, zoning and aH other similar fees resulting from this project, and not specifically covered by Exhibit A. D.6 Consultant's compensation rate includes but is not limited to salaries or wages plus fringe benefits and contributions including payroll, taxes, worker's compensation insurance, liability insurance, pension benefits, and similar contributions and benefits. D.7 In the event Consultant's responsibilities as described on Exhibit A have been separated into two or more phases, then Consultant shall not be entitled to any compensation for work performed directly on a later category of respons~ilities unless and until City specifically directs that Consultant to proceed with such work. 9D Page 2- Agreement PROFESSIONAL SERVICES AGREEMENT DEH&AS & ASSOCI&TES, INC. SOUTH FRONT STREET & NORTH FRONT STREET Eo Fo Ho ATTACHMENT Page ~b- of cn~s P~O~CT City's Project Manager is Randy T. Scott. City shall give Consultant prompt written notice o£ any rcdcsignation o£its Pro~cct Manager. CONSULTANT'S PR0}ECT MANAGER Consultant's Project Manager ts Marlin DeI4~_s In the event that Consultant's designated Project Manager is changed, Consultant shall give City prompt written not/ficafion of such redesignafion. In the event the City rece/ves 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. P~OJECT INFORMATION City shall provide full information regarding its requirements for thc Project Consultant agrees to share aH 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, mag~=iaes 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 af actual or potent/al problems, faults or defects in the project or any portion thereof~ any nonconformance with federal, state or local law, role 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 there~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 acquiescence to Con/ultant's statement or claim, nor constitute a waiver of any of City's fights. CONSULTANT IS INDEPENDEKF CQNTRACIX)R 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 Daf this Agreement. Consultant binds itself; its partners, officers, successors, assigns and legal representatives to the City. Consultant shall bc completely independent and solely determine the manner and means of accomplishing thc end result of thc Agreement, and City does not have thc right to control or interfere with thc manner or method of accomplishing said results. City, however, has the fight to specify and control the results of Consultant's responsibilities. 1.2 Subcon~: City understands and agrees that only those special consulting services identified on Exhibit A may be performed by those persons identified on Exhibit A and not by Consultant Consultant acknowlcdge~ such services arc provided to City pursuant to a subcontract(s) between Consultant and those who provide such services. Consultant may not utilize any subcontractors or in any way assign its responsibility under thc Agreement without first obtaining thc express written consent of the City. 1.3 Consultant shall be responsible for and indemnify a.~_ defend City against any liability, cost or damage arising out of Consultant's use of such subcontractor(s) and suba)ntractor's negligent acts, oral.ions, or errors. Subcontractors will bc required to meet the same insurance requirements of Consultant under this Agreement. Unless otherw/se specifically agreed to by City, Consultant shall requ/re that subconWactors also comply with and be subject to the provis/ons of this Section I. 9D Page 3- Agreement PROFESSIONAL SERVICES AGRF. F..MF. NT DEHAAS & ASSOCIATES, INC. SOUTH FRONT STREET & NORTH FRONT STREEr 1.4 ATTACH~dENT /~ Page_ ~,, of /~ Consultant shall make prompt payment of any claim for labor, materials or services furnished to the Consultant by any person in connection with this A~ment as such claim b~comes due. Consultant shall not permit any lien or claim to tn: filed or prosecuted a~t, ain~ the City on account of any labor or material furnished to or on behalf of thc Consultant. If thc Consultant fails, neglects or refuses to make prompt payment of any such claim, thc City may pay such claim to the person furnishing thc labor, materials or services and charge the amount of the payment against funds due or to become duc the Consultant under this Agreement. 1.5 No person shall be employed under the terms of this agreement as described herein in violation of all wage and hour laws. 1.6 1.7 1.8 1.9 1.10 I. II 1.12 Consultant shall make prompt payment as due to any person, co-parmership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injmy, to thc employees of such Consultant of ail sums which the Consultant agrees to pay for such services and all monies and sums which the Consultant collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying such service. 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 shah pay to Department of Rovenue 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 indemnify, 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 shah be deemed as fully and ~:onclnsively included in the rate upon which Consultants compensation is based. No person shall be denied or subjected to discrimination in receipt of thc 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. Consultant slmll comply with aH applicable federal, state and local laws, rules and regulations. Consultant sl~ll pay all contributions required to be made by Consultant to the Industrial Accident Fund. (This provision is required by ORS 279.312(2)). Consultant shall pay when due all sums, including sums withheld from Consultant's employees which Consultant has agreed to pay to health care providers for treatment rendered to Consultant's employees. CFhis provision is required by ORS 279.301)1)). No person employed pursuant 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 n__,~zess_ ity, emergency, or where public policy, as determined by Owner, absolutely requires it. Employees sl~ll be compensated at the rate of time and a haft for all overtime worked in excess of 40 hours in oue week, except for individuals who arc excluded from receiving 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 meet the tests for executive, administrative or professional status under these laws arc exempt from payment of overtime wages). ¸- 9D Page 4- Agreement PROFESSIONAL SERVICES AGREEMENT DF, HAAS & ASSOCIATES, INC. SOUTH FRONT STREEr & NORTH FRONT STREET 1.13 ATTACI-{LMENT-- Consultant shall pay to the Oregon Department of Revenue all sums withheld from employees pursuant to ORS 316.167. CFhis provision is required by ORS 279.310(4)). 1.14 To the maximum extent economically feasible, Consultant shall use recycled paper in performing the contract wori~ (This provision is required by ORS 79.555(e)). J. INDEMNITY AND INSURANCE Consultan! ~knowledge~ respons~ility for liability arising out of the l~rformanc~ of this Agreemenl and the aUaclunents tint, to only ~xi ~hall hold City Inrmle~ from and indemnity City of any and all liability, settlements, loss, co,ts ~md expenses in connection with ~ny ~-~ion, nfit or claim resul~g or allegedly resulting from Consultant's negligent ~ omissions, errors or willful misconduct provided pursuant to this Agreement or from Consultant's failure to perform its responsibilities as set forth in this Agreemem. The review, approval or acceptance by City, its Project Manager or City of Woodburn employees of documents or other work prepared or submitted by Consultant shall not relieve Consultant of its responsibility to provide such materials in full conformity with City's requirements as set forth in this Agreement and to indemnity City from any and all costs and damages resulting from Consultant's failure to adhere to the standard of performance described in Section J.2.3. The provisions of this section shall survive termination of this Agreement. City agrees to indemnify and hold Consultant harmless from liability, settlements, losses, costs and expenses in connection with any action, suit or claim resulting or allegedly resulting from City's negligent acts, omissions or from its willful misconduct as governed by ORS Chapter 30. J.2 Insurance Requirements and Consultants Standard ~f Care. 1.2.1 Consultant shall provide City with evidence of the following insurance coverages prior to the cormnencement of the wod~ A copy ~f each insurance policy, issued by a company currently licensed in thc State of Oregon, snd certified as a true copy by an authorized r~resentativc 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 iss~_m_nce of such insurance shall be furnished to City. Unless specifically set forth on Exhibit A, cxpenses relating to the cost of insurance shall not be thc basis for additional reimbursement to Consultant. J.2.2 The City agrees that in accordance with generally accepted constructed practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of thc 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 exerdsed under similar circum.~ances by reputable members of its profession practicing in the Portland Metropolitan Are~ The Consultant will mperform any send/es not meeting this standard without additional compensation. Consultant's reperformance of any services, even ff done at City's request, shall not be considered as a limitation or waiver by City af 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 been procured pursuant to this Agreement. All policie~ sly, il be written on an "occurrence basis", except for Consultant's Professional Liability Insurance which may be written on a "claims made" basis, provided it ~ endeavor to be nminlzined in fifil force for not less than four (4) years following Consultant's performance under ~ Agreement. All policie~ ~ provide for not less than 30 days written notice to the City b~fore they may be revised, non-r~ncwed, or canceled. Thc Consultant shall cndeavor to provide for not less ~_h~__n 30 days written notice to the City before thc policy covcragc may be reduced. Excepting professional liability and workcr's compensation coveragc, all policies shall provide an endorsement naming the City, its officers, cmployecs and agents as additional insured. In the event the policy lapses during perforv~nce, the City maYi treat Page 5- Agreement PROFESSIONAL SERVICES AGREEMENT DEHAAS & ASSOCIATES. INC. SOUTH FRONT STREET & NORTH FRONT STREET 9D ATTACHMENT -- Page ~ of O.,.,~ said lapse as a breach; terminate this Agreement and seek damages; withhold progress payments without impairing obligations of Consultant to p _roce~___ with work; pay an insurance carrier (either Consultant's or a substitute) the premium amount and withhold that amount from payments; and use any other remedy provided by this Agreement or by law. 9D J. 2.5 Insurance Requirements. The Consultant, its subcontractors, if any, and all employers working under this Agreement are subject employers under the Oregon Worker's Compensation Law and shall comply with ORS 656.017 which requires them to provide worker's compensation coverage for all their subject workers. The Consultant will mnintain throughout this Agreement the following insurance: J.2.5.1 Worker's compensation and employers liability insurance as required by the State where the work is performed. J.2.5.2 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. J. 2.5.3 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. J.2.5.4 Professional liability insurance of $500,000 per occurrence and in the aggregate, including contractual liability coverage, ff Consultant propose~ using subcontractors, in addition to any other requirements of this Agreement, City may require subcontractors to provide Professional Liability Insurance, provided the amount and form of coverage complies with requirements of paragraphs ~.2.1., ~.2.2, J.2.3, J.2.4 and J.2.5.4. J. 2.5.5 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 1.2.5.3. J.2.6 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 amounts payable under aH 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 thnu the amount of the applicable insurance deducU~ole. K. EARLY TERMINATION K.I This Agreement may be terminated prior to the expiration of the agreed upon terms; K. 1.1 By mutual written consent of the patties; K. 1.2 By City for any reason within its sole discretion, effective upon delivery of written notice to 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 thc terms through no fault of the Consultant. Page 6- Agreement PROFESSIONAL SERVICES AGREEMENT DEHAAS & ASSOCIATES, INC. SOUTH FRONT STREET ar NORTH FRONT STREET K.2.I ATTACHMENT ' .... Page~ of /~ , If 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 terms and in a reasonablc manner, services similar to those so terminatecL In addition to any other remedies the City may have, Consultant shall be liable for all costs and damages incurred by City in procuring such similar services, and thc Contract shall be in full force to thc extent not terminated. 9D Lo K.3 K.4 If City tenuinates thc Al~recmcnt for its own convenience, payment of Consultant slmli bc pro~ to and include thc day of termination and shall be in full satisfaction of all claims by Consultant asalnst City under this Asreement. Termination under any provision of this paragraph shall not affect any right, obhgation or liability of Consultant or City which accrued prior to such termin~ion. Consultant shall surrender to City items of work or portions thereof, referred to in Paragraph O for which Consultant has received payment, or City has made payment. City retains the right to elect whether or not to proceed with actual construction of the project. SUSPENSION OF WORK City may suspend, delay or interrupt all or any part of the 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 mcthod of compensation shall be allowed as a result of such delay or suspension unless thc reason is within the Consultants control. City shall not be r~onsible for work performed by any subcontractors after notice of suspension 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, then the City shall extend thc time of completion by the length of thc delay and the method of compensation shall be adjusted to reflect the Consultant's increase or decrease in its standard hourly rates. SUI~CONSULTANT~ AND ASSIGNMENTS M. 1 Unless expressly authorized in Exhibit A or Paragraph I of this A~roement, Conmdtant shall neither subcontract with others for any of thc 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 subcon~rs and thc 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 he void. Except as othe~vise specifically agreed, all costs for services performed by others on behalf of Consultant shall not be subject to additional reimbursement by City. lvL2 City shall have thc right to lct othcr agreements be coordir~md with this Agreemcnt. Consultant shall cooperate with other firms, engineers 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 engineers and subconzultants 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 slmll have access upon request to such books, docuracnts, receipts, papers and records of Consultant as are directly pertinent to this Agreement for thc purpose of m_~ing audit, examination, excerpts, and Page 7- Agreement PROFESSIONAL SERVICES AGRF. F. MENT DIDIAAS & ASSOCIATES, INC. SOUTH FRONT STREET & NORTH FRONT STREET ATTAO~MENT~'~ - 9D Page ~ of O../.Q...... transcripts for a period of four (4) years unless within that time City specifically requests an extension. This clause ~lail su.'vive the expiration, completion or termir~ion of this Agreement. WORK IS PRQPERTY OF CITY A. Originals or certified copies of the original work forms, including but not limited to documents, drawings, tracings, surveying records, mylars, papers, diaries, inspection reports and photographs, performed or produced by Consultant under this Agreement shall be the exclusive property of City and shall be dclivercd to City prior to final payment. Any statutoly or common law rights to such property held by Consultant as creator of such work shall be conveyed to City upon request without additional compensation. Upon City's approval and provided City is identified in connection therewith Consultant may include Consultant's work in its promotional materials. Drawings may bear disclaimer releasing thc Consultant from any liability for changes mode on the original drawings and for reuse of the drawings subsequent to the date they are turned over to the City. Bo Consultant shall not be held liable for any damages, loss, increased expenses or charges othenvise caused by or attn'outed to the reuse, by City or their designees, of all work performed by Consultant pursuant to this contract without the express written permission of the Consultant. Co City agrees it will indemnify 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 projects, without the express written permission of the Consultant. P. LAW QF 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 sh~li become a part,of this Agreement as if fully set forth herein. Q. 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 rehtionships, 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 tiffs Agreement. MODWICATION Any modification of the provisions of this Agreement sho_ll 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 sh~ll be binding unless executed in writing by Consultant and City. In the event that Consultant receives any communication of whatsoever nature from City, which commtmication Consultant contends to give rise to any modification of this Agreement, Consultant shall, within thirty (30) days after receipt, make a writtcn request for modification to City's Project Man,~gcr. Consultant's failure to submit such written request for modification in the manner outlined herein may be the basis for refusal by thc 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 cxpcctcd as part of thc 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. S. OTHER CONDITIONS Page 8- Agreement PROFESSIONAL SERVICES AGRF. FJdFJqT DEHAAS & ASSOCIATES, INC. SOUTH FRONT STREET & NORTH FRONT STREET To Wo ATTAC~ENT Page _"7 , of JO S.1 Except as otherwise provided in paragraphs S.l.1, S.l.2 snd 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 the project; and further, that any review or approval by the owner of the plans and specifications shall not be deemed to diminish the adequacy of Consultant's work. $.1.1 S. 1.2 Substuface Investigations. In soils, foundations, ground water, and other subsurface investigations, the actual charactefi,~cs may vary significantly between successive test points and sample intervals and at locations other th~_n whcl~ observations, cxploration, and investigations have bccn madc. Bccausc of thc inhcrcnt uncertainties in subsurface cvaluafions, changed or unanticipated underground conditions may occur that could affect total project cost and/or execution. These conditions and cost/execution effects are the responsibility of the Consultant. Opinions of Cost, Financial Considerations, and Schedules. In providing op/nions of cost, financial analyses, economic feasibility projections, and schedules for the project, Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or mo__intenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, nmnagement, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project costs of schedule. Therefore, Consultant makes no warranty that Owner's actual project costs, financ/al aspects, economic feasibility, or schedules will not vary from Engineer's opinions, analyses, projections, or estimates. S.1.3 Record Drawings. Record drawings, if required, will be prepared, in part, on the basis of information complied 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 thc information from those employees or firms employed by the Consultant under terms of the contract as stated therein that is incorporated into the record di-awing. 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 reason of Consultant's failure to comply with the terms of this Agreement. A waiver by City and breach by Consultant sh~ll not be deemed to be a waiver of any subsequent breach by Consultant. INTEGRATION This Agreement, including but not limited to Exhibits and Consultant's proposal submitted to City contains the cntirc integrated agrccmcnt betwccn thc parties and supcrscdcs ail prior writtcn or oral discussions, representations or agreements. In case of conflict among these documents the provisions of this Agreement shall control. MISCELLANEOUS / GENERAL Consultant binds itseff, its partners, officers, su___~cessors, assignees and legal representatives to the City under the terms and conditions of this Agreement as described herein. If any of the provisions contained in thc Agreement arc held illcgal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. Any provisions concerning the limitation of liability or indemnity shall survive the termination af Agreement for any cause. All notices required under this Agreement shall bc delivered by facsimile, l~rsonal ctclivcry, or mail and $1mll be addrcssccl to thc following persons: 9D Page 9- Agreement PROFESSION,'%L SERVICES AGREEMENT DF.H&AS & &SSOCI&TES, lNG. SOUTH FRONT STREET & NORTH FRONT STREET ATTACHMENT Page ~ of 9D Mr. Marlin Dela~ DeIa~.~ & Associates, Inc. Suite 300, ACC Center 9450 SW Commerce Circle Wilsonville, OR 97070 (503) 682-4018 Mr. Frank Tiwari Public Works Director City of Woodburn 270 Montgomery Street Woodbum, OR 97071 (503) 982-5244 Notice shall be effective upon delivery 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 clmnged, 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 shall be effective. X.. In thc event either party initiates a lawsuit of arbitration against thc other, then the prevailing party shall in addition to any other recovery, be entitled to recover its reasonable attorney fees and all other costs of litigation or mbitration. The CONSULTANT and the CITY hereby agree to all provisions of this AGREEMENT. IN W1T~ESS WHEREOF, the parties by their signatures below enter into this Agreement this dayof CONSULTANT: DeH~.~ & Associates, Inc. Name of Firm Marlin J. Tide President Mailing Address: 9450 SW Commerce Circle ACC Center, Suite 300 Wilsonvillc, OR 97070 Employer I.D.No. 93-0736727 , 19__ CITY OF WOODBURN: 270 Montgomery Street Woodbum, OR 97O71 Approved as to form: Page 10- Agreement PROFESSIONAL SERVICES AGREEMENT DEHAAS & ASSOCIATES, INC. SOUTH FRONT STREE'r & NORTH FRONT STREET EXlIlB1T A 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: Schedule I (South Front Street) is that portion of South Front Strcet from the Scttlcmier Avenue intersection northerly approximately 2300 feet to a point midway between Oak Street and Cleveland Slxeet. Schedule H (North Front Street) is that portion of North Front Strect from the intersection of Hardcastle Slx{ct approximately 3400 f{ct to the northerly side of the access ramp to Highway 214. SCHEDULE I - SOUTH FRONT STREET 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. BASIC SERVICE,S 1. Finalize Preliminary Design. 1.1 Furnish 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. A~st 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 comers 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 fi:om utility companies, and on typical design details and standards furnished by the CITY. 1.6 Coordinate with Union Pacific Railroad regarding grading and drainage on railroad R/W. 1.7 Evaluate with CITY whether to incorporate improvements to repair and improve the SW comer of Cleveland and South Front Street. 1.8 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. 1.9 Prepare an estimate of total construction and engineering costs for undergrounding overhead utilities. 9D 1.10 Furnish three (3) sets ofprelimina~j plans and specifications to the CITY for review and approval prior to proceeding with final design. 1.11 Meet with representatives of local, state and federal agencies and thc CITY in regard to design of the DE llAAS & ASSOCIATI~ linc SOlYl'I! l;'ROl~ ~REET & I~ORTll FROI~ STREET -L PROJECT. iLFinal Design Services. 2. ! Prepare final plans and specifications for the PROJECT, in accordance with appropriate regulatory agencies and the CITY'S requirements. 2.2 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. 2.3 Coordinate any utility line relocation which may be required. 3.Bidding and Contract Award Services. 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 contxact documents. 4.Services During Construction. 4.1 Furnish survey personnel and equipment as required to establish baseline control for construction of PROJECT and provide all construction staking as necessary and defined in the contract documents. 4.2 F~nish personnel and equipment as required to perform on-site inspections a. 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 recx~ds, maps and plans necessary 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. b. Meet with representatives of local, state and federal agencies when necessary for consultation or conferences m regard to construction of the PROJECT. c. Interpret the contract plans and specifications to det~ li, ille coi'l~trtlction compliance with the intent of the design. d. Review and approve shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections, and other data which the CONTRACTOR is required to provide and recommend to the CITY, changes deemed advisable. e. Arrange for, conduct, or witness, field, laboratory, or shop test of construction materials, as pres~ibed in the f. Det~ liiin¢ the suitability of on-site materials to be used in the construction. g Reject work and materials that do not conform to the contract documents. 9D D£ llAAS & ASSOCIATE. linc SOUTII I:ROI~T STRF~ & ~lORTil l:ROlqT STREgT -2- Assist the CITY in determining payments due the CONTRACTOR based on the extent of work completed. Review claims for extra compensation and requests for extension of time submitted by the CO~CTOR and prepare recommendafons 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. Upon substantial completion of construction, conduct an investigation of the PROJECT and assist the CITY in preparing punch lists of work to be done to achieve final completion. Assist the CITY in negotiating final payment for construction. Document proceedings of negotiations, if any, and record basis for final payment. At the completion of the PROJECT, pre'pare a final PROJECT status report, including a PROJECT cost mary, and prepare mylar as-built plans for submittal to the CITY. 9D SPECIAL SERVICES (As requested by City) 1. Provide compaction testing services 2. Prepare descriptions related to right-of-way acquisitions. Estimate 7 each ~ $300.00 Prepare Right-of-Entry documents (description by Tax Lot) where necessary to operate on private property to construct driveway approaches, adjust or reconstruct fences and match grades, etc. Estimate 29 each ~ $100.00 Estimated Cost $6,300.00 $2,100.00 $2,900.00 Provide miscellaneous consulting and other services, associated with the PROJECT, not hereinbefore listed under Basic Services. Complete property surveys to set comers for newly acquired RAV. Costs are to be at standard hourly rates. ff the CITY elects to underground existing overhead utihties 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. If CITY elects to form a Local Improvement Dislrict (LID), related services requested of the CONSULTANT will be at standard hourly rates. $5,000.00 SOIJ~ll I~ROI~ ~R~'~ & NOR~ll I~RO~I~ S~RI~ SCHEDULE I! - NORTH FRONT STREET The CONSULTANT agrees to perform in accordance with all applicable federal, state and local laws, statutes, ordinances, rules and regulations of any king, whatsoever, professional services in connection with the PROJECT as hereinafter stated and defined as Basic Services. ]BASIS SERVICES l.Finalize Preliminary Design. 1. I Furnish 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 from such companies and authorities the location of their existing and planned facilities. Assist the CITY in negotiations with the utility compames and authorities for the adjustment of their facilities. 1.3 Identify right-of-way acquisition requirements. 1.4 Prepare record of found existing property comers and file with the 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 Coordinate with Union Pacific Railroad regarding grading and drainage on railroad RAV. 1.7 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. 1.8 Prepare an estimate of total construction and engineering costs for undergroundmg overhead utilities. 1.9 Furnish three (3) sets of preliminary plans and specifications to the CITY for review and approval prior to proceeding with final design. 1.10 Meet with representatives of local, state and federal agencies and the CITY in regard to design of the PROJECT. Meet with ODOT regarding construction on the overcrossing section of Highway 214 and the access ramp to Highway 214, including drainage. 2.Final Design Services. 2.1 Prepare final plans and specifications for the PROJECT, in accordance with appropriate regulatory agencies and the CITY'S requirements. 2.2 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 decaned to be appropriate at the time the PROJECT is scheduled to be bid. 2.3 Coordinate any utility line relocation which may be required. 3.Bidding and Contract Award Services. 3. I Furnish one set of reproducible prints and thirty five (35) copies of final plans and specifications for bidding and 9D D£ HAAS & ASSOCIATES. INC SOUTH FRONT STRk~T & NORTH FRONT STR£~T for construction of the PROJECT. 3.2 Interpret plans and specifications during the bidding period and prepare clarifications and addendi. 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.Serviees During Construction. 4.1 Furnish survey personnel and equipment as required to establish baseline control for construction of the PROJECT and provide all construction staking as necessary and defined in the contract documents. 4.2 Furnish personnel and equipment as required to perform on-site inspections a. 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 CON-TRACTOR will keep and the Inspector will check, all records, maps and plans necessary 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. b. Meet with representatives of local, state and federal agencies when necessary for consultation or conferences in regard to construction of the PROJECT. c. Interpret the contract plans and specifications to determine construction compliance with the intent of the design. d. Review and approve shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections, and other data which the CONTRACTOR is require to provide and recommend to the CITY, changes deemed advisable. e. Arrange for, conduct, or witness, field, laboratory, or shop test of construction materials, as prescribed in the contract documents. £ Determine the suitability of on-site materials to be used in the conslmction. g. Reject work and materials that do not conform to the contract documents. h. Assi~ the CITY in determining payments due the CONTRACTOR based on the extent of work completed. i. Review claims for extra compensation and requests for extension of time submitted by the CONTRACTOR and prepare recommendations to the CITY for final disposition. j. Submit written progress reports on design activities to include statements of work completed, findings and conclusions, delays encountered, schedule revisions, or work modifications. k. Upon substantial completion of construction, conduct an investigation of the PROJECT and assist the CITY in preparing punch lists of work to be done to achieve final completion. 1. Assist the CITY in negotiating final payment for construction. Document proceedings of negotiations, ff any, and reoord basis for final payment. m. At the completion of the PROJECT, prepare a final PROJECT status report, including a PROJECT cost mary, and prepare mylar as-built plans for submittal to the CITY. 9D DE IIAAS & ASSOC~T~. I~C SOUTli I:ROI~IT STII£~T & lqOItTll FllO~IT STREET SPECIAL SERVICES (As re~iuested by City) 1. Provide compaction testing services Estimated Cost $9,350.00 2. Prepare descriptions related to right-of-way acquisition. Estimate 18 each ~ $300.00 Prepare Right-of-Entry documents (description by Tax Lot) where necessary to operate on private property to construct driveway approaches, adjust or reconstruct fences and match grades, etc. Estimate 18 each ~ $100.00 1,800.00 4. Provide miscellaneous consulting and other services, associated with the PROJECT, not hereinbefore listed under Basic Services. 6,800.00 5. Complete property surveys to set comers for newly acquired R/W. Costs are to be at standard hourly rates. Il'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. 7. If CITY elects to form a Local Improvement District (LID), related services requested of the CONSULTANT will be at standard hourly rates. 9D D£ IIAAS & ASSOCIA'f~. INC SOUI'II I:P, ONI gl'P,£kX & NORTH FRONT -6- 9D EXHIBIT B CITY'S RESPONSIBILITIES SCHEDULES I and H 1. Provide necessary information to the CONSULTANT as to the CITY'S requirements for the PROJECT. Assist the CONSULTANT by placing at his 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 m the preparation of the contract documents. 4. Advertise for proposals from bidders, open the sealed proposals at the appointed time and place and pay for all costs incident thereto. 5. Obtain approvals and permits l~om all governmental authorities having jurisdiction over the PROJECT. 6. Give prompt notice to the CONSULTANT whenever the CITY obseawes 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. If the CITY elects to form an LID, hold such public hearings as are appropriate in processing the LID project. ffthe CITY elects to form an LID, docket the liens related to the local assessment district and otherwise implement the provisions of the CITY CODE related to procedures for Local Improvements and Special Assessments. DF. HAAS & ASSOCIAI~. INC EXHIBIT C STANDARD FEE SCHEDULE (Year 2000) Listed heremalter 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 $ 52.00 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 Chainman $ 40.00 Rear Chamman $ 28.00 2-Man Crew $ 87.00 3-Man Crew $115.00 Mileage $ 0.35 per mile Prints $ 2.00 each Copies $ O. 15 each Fax $ 1.00 page Direct Expense Cost + 5% STANDARD COMPENSATION ESTIMATE Schedule I - South Front Street Basic Services $57,000.00 Contingencies (5%) 2,850.00 Special Services (Exhibit A, Schedule I, Items 1-4) Special Services (Exhibit A, Schedule I, Items 5-7) $59,850.00 16,300.00 $76,150.00 Hourly Rates Schedule H - North Front Street Basic Services $92,000.00 Contingencies (5%) .4,600.00 Special Services (Exhibit A, Schedule II, Items 1-4) Special Services (Exhibit A, Schedule II, Items 5-7) $96,600.00 23,350.00 $119,950.00 Hourly Rates Total $196,100.00 plus optional services (Exhibit A, Schedule I & II, Items 5-7) at hourly rates 9D MEMO To: For Council A~tion, through the City Administrator'~9~ From: Randy Scott, C.E Tech III, through the Public Works Director '~. Subject: Acceptance of Utility Easement, Heritage Park Subdivision Date: January 7, 2000 9E RECOMMENDATION: It is being recommended that the City Council Accept the attached Utility Easement as described on Attachment "B" BACKGROUND: The utilitiy easement is being conveyed by Hidden Creek Properties in Conjunction with the Vanderbeck Pump Station Construction. The Utility Easement is to be used for an underground electrical line to the pump station. Included as Attachment "A" is a map showing the boundary of the Utility Easement Included as attachment "B" is the properly signed Utility Easement I (~o') (2o') (~o') C~2 C2~ (30') m > r-~Z· ~ + PATRIOT S 00'16'00° W ) N 00'16'00' E 108.01' N 00'16'00' E S 00°16'00' W 108.01' 88.01' 133.01' N 00*16'00' [ N 00'16'00' S 00'16'00' w 106.00' r.rl ] S 00'16'00' W 106.00' ~ - S 00'16'00° W 9E ATTACHMENT "B" 9E UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Hidden Creek Properties, LLC, for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, a permanent utiity easement over and along the full width and length of the premises described as follows, to wit: A portion of that tract of land situated in the Northeast one-quarter of the Northwest one-quarter of Section 7, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, City of Woodbum, Oregon and being more particularly described in a Warranty Deed to Hidden Creek Properties on June 4, 1997, recorded in Deed Reel 1398, Page 44 of Marion County Deed Records. Permanent Utility Easement: The west 5 feet of Lot 130 of Heritage Park Phase 4 in the City of Woodburn, Oregon. Contains a Total Permanent Utility Easement Area of 300 square feet, more or less. with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, utility pipeline or pipelines, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such utility facility is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvement disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. THE GRANTORS, h~irs and assigns, reserve the right to use the premises for walkways, driveways, planting, and related purposes, and all utility facilities shall be at a depth consistent with these purposes. EXCEPTION: No structure shall be placed within the easement, or within 45© projection uP_Ward from the bottom of the pipe. (~ j~/..~ J~~ Accepted by l~e Woodburn City Council · on ,1999 VP /VR, Inc./, member Mary Tennant, City Recorder City of Woodburn, Oregon STATE OF OREGON ) ) SS COUNTY OF MARION ) On this the [?th day of De~ 1999, before me a Notary Public in and for the County an( Slale personally appeared. A. Leto ~ir~th~n. VP .~V~ I.. _ i~ember known to me to be the same person whbse name is subscribed to the within instrument and acknowledged tha they voluntarily executed the same for the puq~ose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Before me: NOTARY PUBLIC FOR OREGON 9F TO: FROM: SUBJECT: MEMO ~,/ City Administrator for Council Action~ fulie Moore, C. E. Tech III through Public Works Director ~ No Parking restrictions on easterly portion of Vanderbeck Road DATE: January 5, 2000 RECOMMENDATION: It is recommended that Council restrict parking by approving the installation of no parking signs on Vanderbeck Road fxom Boones Ferry Road west approximately 400 feet. NOTE: This section of road is 24 feet wide. There will be no houses that will access the street in this area. (See attached map). BACKGROUND: Miller Links Subdivision is a new subdivision, which is being constructed along the north side of Vanderbeck Road. Part of the construction consisted of extending Vanderbeck to Boones Ferry Road, which will serve as the main access to this subdivision, even at~er the extension of Vanderbeck west to connect to Heritage Park Subdivision is accomplished. The road section that was put in between Boones Ferry and the subdivision is 24 feet wide (40 t~. right-of-way) and approximately 400 feet long. There will be no houses built along this section of road. The properties along the south side of Vanderbeck are part of Heritage Park and all access onto Independence St. The right-of- way of the remaining section of Vanderbeck adjoining the subdivision is 60 feet wide with a 34' paved width. The Transportation and Traffic Engineering Handbook suggests that for streets with a width of 30 feet or less that parking be prohibited on one side of the roadway. The Woodburn Transportation System Plan suggests that local residential roads with a travel width of 22' have no parking on either side. It is desirable to have parking restricted when a narrow residential street connects to an medal street, such as Boones Ferry Road. Therefore, since the roadway is narrow at this section of the street it is recommended that no parking be prohibited on both sides of the street. t Memo 9G TO: City Council through City Administrator~'~ FROM: Linda Sprauer, Library Director~ SUBJECT: Bid Award for Library HVAC Upgrade DATE: January 6, 2000 RECOMMENDATION: Award City of Woodbum Bid number 20-08 for Library HVAC Upgrade to C&R Mechanical, Inc. for $184,800 and authorize the City Administrator to sign the construction agreement. BACKGROUND: City of Woodbum Bid number20-08 for Library HVAC Upgrade was opened and read atl 1:00 a.m. on January 4, 2000. The base bid requested included a new chiller, new fans with variable frequency drives and new diffusers. There were also three options included but after discussion with the mechanical engineering consultants who studied the system it was determined that the base bid work was the best combination for the upgrade. The options may be completed at a later date. The results for the base bid were: Bidder Amount C&R Mechanical, Inc. Hydro-Temp Mechanical C J Hanson Company Portland Mechanical Contractors Gormley Plumbing and Heating 184,800 194,80O 201,780 207,500 229,084 The cooling system in the library has been deficient for many years and most components have reached the end of their useful lives and parts for some components have been difficult to find. The funding for the improvements will come from: $47,000 from those monies currently budgeted in the CIP; $49,000 from the General Fund; and $89,000 borrowed from the Library Endowment Fund (to be repaid in July 2000 from the General Fund Balance reserved for the Library - without interest). The contract for the improvements will call for the upgrade to be completed by May 15, 2000. MEMO TO: FROM: SUBJECT: DATE: City Council through City AdministratoF~ Public Works Program Manag, er/~~ Bid Award for Used Pickup Truck January 5, 2000 RECOMMENDATION: Award City of Woodburn Bid No. 20-10 for a used pickup truck to Hillyer's Ford for ~ 11,747.00. BACKGROUND: City of Woodburn bid number 20-10 for al 998 or newer used pickup truck with less thanlO,O00 miles was opened and read at 2:00 pm on January 4, 2000. Results were: Bidder Hillyer's Ford Miles Chevrolet Amount $ 11,747.00 $ 13,923.00 The used pickup offered by Hillyer's is a 1998 Ford Ranger with 4,063 miles. The vehicle was budgeted as an equipment replacement item in the Street Division. Community Development 270 Montgomery Street 11A MEMORANDUM Woodburn, Oregon 97071 (503) 982-5246 Date: To: From: Subject: January 6, 2000 Mayor & City Council Community Development Department %LG Denial of Stage II Design Review of Planned Unit Development 99-01 & Minor Partition 99-05 On December 9, 1999, the Woodburn Planning Commission adopted a Final Order denying a request for Stage II, Design Review, Planned Unit Development approval for a 93 lot single family residential subdivision known as "The Links at Tukwila; and denying a related request for a minor partition to create 3 parcels. A copy of the Final Order and Findings o~ Denial is attached. The proposed development is located east of Hazelnut Drive and wraps around the OGA golf course. The property is bounded on the north side by the City's Urban Growth Boundary and to the west and south by the golf course and single family residences. This property is one of the last two residential "housing pods" left in the Tukwila development. See attached subdivision map. Since the Planning Commissions decision an appeal has been submitted by the applicant. Additionally, the applicant has met with city staff on two occasions to resolve those issues raised in the Final Order. These discussions have resulted in modifying the original proposal. Those modifications, in Planning Staff's opinion, maintain the original overall design but address many of the Planning Commissions concerns. POTENTIAL ISSUE: The applicant's appeal must be resolved in a timely manner. This proposal is subject to the State required 120 day rule for review and final decision. That deadline is January 27, 2000. This requires the ordinance by adopted by Council no later than January 24, 2000. However, the details of the proposed modifications are still being worked out and will not be finalized in time to be reviewed for your January 10, 2000 hearing. 11A REQUEST: The Planning staff requests the City Council continue this appeal hearing to a special meeting date of January 17, 2000 for review. SG:nd CiTY OF WOODBURN (270 Montgomery Street · Woodbum, Oregon 97071 · (503) 982-5222 TDD (503) 98(2-7433 · FAX (503) 982-5244 llA NOTICE OF DECISION WOODBURN PLANNING COMMISSION ACTION TAKEN: Denial of Stage II, Design Review of Planned Unit Development 99-01 and Minor Partition 99-05 DATE OF DECISION: December 9, 1999 NATURE OF ACTION: On December 9, 1999, the Woodburn Planning Commission adopted a Final Order denying a request for Stage II, Design Review, Planned Unit Development approval for a 93 lot single family residential subdivision known as "The Links at Tukwila; and denying a related request for a minor padition to create 3 parcels. A copy of the Final Order and Findings of Denial is attached to this Notice of Decision. APPEAL RIGHTS: The decision of the Woodburn Planning Commission may be appealed to the Woodburn City Council if written notice is filed with the Woodbum Community Development Depadment within 10 days of the date this notice is mailed. If you have any questions, please contact Jim Mulder at 982-5246. Dated and mailed this 10th day of December, 1999. J Notice of Decision - PUD 99-O1 and MP 99-05 IN THE PLANNING COMMISSION OF WOODBUKN, OREGON I1A PLANNED UNIT DEVELOPMENT ) STAGE II DESIGN REVIEW ) NO. 99-01 ) ) FINAL ORDER MINOR PARTITION ) CASE NO. 99-05 ) WHEREAS, the Commission conducted a public hearing in this matter on October 28, 1999 and considered the written information and public testimony submitted, and WHEREAS, the Commission, atter providing a full and fair opportunity for testimony, closed the public hearing and directed staffto prepare a final order for consideration and adoption, NOW, THEREFORE: IT IS HEREBY ORDERED BY THE COMMISSION: 1. That the Commission hereby denies the above entitled applications based upon the Findings of Denial contained in Exhibit A, which is attached hereto and by this reference incorporated herein. Approved as to forn~W'c'~~ City Attorney Date Passed by the Woodbum Planning Commission Page 1 - FINAL ORDER · Exhibit "A" FINDINGS OF DENIAL (Planned Unit Development 99-01 and Minor Partition 99-05) A, FINDINGS OF FACT 1. The Planning Commission (''the Commission") finds that the applications before it are a "Stage H, Design Revievff, Planned Unit Development (PUD) application, under Chapter 21 of the Woodburn Zoning Ordinance and a partition. The partition is to create three large parcels which will eventually be further subdivided. 2. The Commission finds that Planning staffhas stated in numerous staffreports that "Conceptual Review" of the Tukwila project occurred in February 1991, although no public hearing was conducted nor vote taken and it is unclear from the minutes exactly what was presented to the Commission at that time. 3. The Commission finds that the property involved in the present applications is described as tax lot 3000 5S, 1W, 7AB, 7A, 6D on the Marion County Tax Assessor's maps. 4. The Commission finds that the owner of the property is Tukwila Partners and that the contract purchaser is United Properties of Oregon 5. Thc Commission finds that in thc Stage 1I, Design Review, Planned Unit Development (PUD) application, the Applicant requests approval of approximately 93 single family lots in two phases. Phase I will involve development of approximately 48 single family lots on 7.39 acres. Phase H will involve development of approximately 45 single family lots on 6.29 acres. A future devdopment phase, Phase m. contemplates the development of an additional approximately 132 lots on an additional 19.25 acres. However, no development approval is requested for Phase III at this time. 6. The Commission finds that the proposed density is 6.8 units per acre. This is calculated by dividing 93 units by 13.68 acres which is equal to 6.8 units per acre. 7. The Commission finds that the proposed average minimum lot size is 3,800 square feet. 8. The Commission finds that the property is presently designated Single Family Residential (RS) under the Woodburn Zoning Ordinance. B. APPLICABLE LAW 1. The Commission finds that Chapter 21 of the Woodbum Zoning Ordinance outlines a three stage process for Planned Unit Developments (''PUD"s). Stage I is "Conceptual Review" where planning staffmeets with the developer and a "conceptual plan" may be taken to the Commission to determine feasibility. Stage II is "Design Review" where an application is filed with the llA Page 1 - Findings of Denial B. APPLICABLE LAW 1. The Commission finds that Chapter 21 of the Woodburn Zoning Ordinance outlines a three stage process for Planned Unit Developments ("PUD"s). Stage I is "Conceptual Review" where planning staffmeets with the developer and a "conceptual plan" may be taken to the Commission to determine feasibility. Stage H is "Design Review" where an application is filed with the Planning Department, a public hearing is conducted by the Commission, and the specifics of the project are addressed. After the hearing, the Commission may approve or deny the development and must adopt findings. Stage IH is "Final Approval" and is merely a determination as to whether the final development plan is in substantial conformance with the Stage H "Design Review" approval. 2. The Commission finds that Stage I "Conceptual Review'' does not, and was not intended to, address development specifics of any portion of the PUD. In fact, portions of the PUD have developed out differently then the conceptual documentation indicates. This variation is legally possible because it is Stage II "Design Review," within the PUD process, which establishes all development specifics. 3. The Commission finds that the Applicant must comply with all of the Stage II "Design Review'' approval requirements contained in the Woodburn Zoning Ordinance and that the Applicant has the burden of proving that all of these requirements have been complied with. 4. The ~2ommission finds that the Applicant has the burden of proving compliance with each of the Design/Development Criteria stated in Section 21.020 of the Woodbum Zoning Ordinance. 5. The Commission finds that the Applicant has the burden of addressing each of the General Standards stated in Section 21.040 of the Woodburn Zoning Ordinance. 6. The Commission finds that density within the PUD is governed by Section 21.040 (c) of the Woodburn Zoning Ordinance, which provides in relevant part: Density. The density shall be computed by dividing the total acreage (including proposed streets, common areas, retail areas, etc.) by the number of dwelling units. Residential Planned Unit Development Densities shah not exceed the following limits: (1) RS District - 6 units/acre; (2) RD District - 10 units/acre; (3) RL District - 15 units/acre; (4) RM District - 25 units/acre; (5) RH District - 25 units/acre' when structures are 3 stories or less; (6) RH District - 50 units/acre when structures are more than 3 stories. If higher densities are desired a Zone Change approval must be granted prior to Final Planned Unit Development approval. (emphasis added) llA Page 2 - Findings of Denial 7. The Commission finds that the legal opinion submitted by the Applicant's attorney, that the density within the PUD has already been determined to be 12 units per acre, is incorrect and rejects it. The Applicant's attorney argues that the original density approved by the City was 12 units per acre and the Applicant is legally entitled to rely on this prior density determination. As authority for the prior density determination, the attorney cites the passage of Ordinance No. 2108 on July 26, 1993 by the Woodburn City Council. However, the Commission finds that Ordinance No. 2108 involved only an annexation of 115 acres of land for the Tukwila development and an amendment to the Woodbum Zoning Map designation of the subject property from from Marion County "Urban Transition Farm" to City of Woodbum "Single Family Residential." Ordinance No. 2108 took no action in regard to a PUD, because no PUD application was before the City Council at that time. The Applicant's attorney quotes the Planning Department's staff report, which was attached to Ordinance No. 2108, as .support for the argument that density was previously set by the City at 12 units per acre. The quoted staff report reads as follows: "The proposed development will consist of an 18 hole gol. f course that will be integrated with residential development to create a Planned Unit Development. The overall concept calls for the newly annexed area to provide a mix of single family and multi-family mixed units that will maintain density's as required by the (RS -12 units per acre) single family land use designatior~ The Commission finds that the Applicant's attorney has quoted this sentence from the staff report out of context and that when it is read within its proper comext within the staff'report, it's meaning becomes clear. When the City Council considered Ordinance No. 2108 the only applications before it were for an annexation and a zoning map amendment. No PUD application was being considered. The staff comment appears in the StaffReport under the heading, "Relevant Approval Criteria and Findings, A. Woodburn Comprehensive Plan". Since the Woodbum Comprehensive Plan Map designation for the annexed land was "RS - 12 Units Per Acre", it is clear that the staff'comment was merely a statement that the annexed area was within the density standards of the Comprehensive Plan Map. There is no reasonable basis to believe that the staff comment established a 12 units per acre density within the PUD. 8. The Commission finds that, since the property is presently designated Single Family Residential (RS) under the Woodbum Zoning Ordinance, and the application requests a density of 6.8 units per acre, the Applicant is required by Section 21.040 (c) of the Ordinance to make a Zone Change application before the requested density can be established. llA Page 3 - Findings of Denial C. CONCLUSIONS 1. The Commission concludes that the Applicant has failed to bear it's burden of proving compliance with each of the Design/Development Criteria stated In Section 21.020 of the Woodbum Zoning Ordinance. The burden is on the Applicant to provide a narrative and show compliance with each portion of this Section. The Applicant has not done this. llA In particular, the Commission concludes that the Applicant has not shown compliance with Section 21.020 (c), which provides as follows: "The size of the development, site and building design and operating characteristics of the proposed development are reasonably compatible with surrounding development and land uses and any negative impacts have been sufficiently minimized.' The Commission concludes that there is substantial evidence in the record before it that the proposed development is incompatible with the surrounding development because the lot sizes proposed by the Applicant are not typical of the developed area surrounding the project. In particular, the Commission concludes that the Applicant has not shown compliance with Section 21.020 (f), which provides as follows: ~Fhe buildings are located so as to provide light and air according to yard requirements and afford adequate solar access where desired." The Commission concludes that there is substantial evidence in the record before it th. at the proposed development contains insuffleient open space and that the proposed buildings are to be loea'ted too dose together. 2. The Commission concludes that the Applicant has failed to bear it's burden of proving compliance with each of the General Standards stated in Section 21.040 of the Woodbum Zoning Ordinance. The burden is on the Applicant to provide a narrative and show compliance with each portion of this Section. The Applicant has not done this. In particular, the Commission concludes that the Applicant has not shown that the density standard contained in Section 21.040 is met. 3. The Commission concludes that the Applicant did not apply for a Zone Change as required by Section 21.040 of the Woodbum Zoning Ordinance and that a Zone Change application is required before the present application for Stage II, Design Review can be granted. 4. The Commission concludes that the partition application should be-denied because it was submitted with and is an integral part of the Stage II, Design Review application. Page 4 - Findings of Denial r ~ liB Memo To: From: Date: Subject: Mayor and Council through t~ City Administrator Ben Gillespie, Finance Dire~oi,,~ ~ January 6, 2000 Ambulance Rates ,~ j RECOMMENDATION: That the council conduct a public hearing on the rate increase proposed by Woodbum Ambulance. If after the public hearing, the council finds that a rate increase is justified, it should pass a motion to direct staff to prepare the appropriate resolution for presentation at the next regular meeting. BACKGROUND: Historically Woodburn Ambulance has charged for services according to this fee schedule: A base rate including supplies, drugs, and medical procedures. A mileage charge for travel from the dispatch point to the incident. A mileage charge for travel from the incident to the final destination. This method of billing was designed to be consistent with what the ambulance industry and health insurers were doing as a whole. The industry standards have evolved; fewer insurers are reimbursing for responding miles. Effective last month Medicare regulations have changed. Responding miles are no longer eligible for reimbursement, and the cost of responding miles cannot be billed to the patient. Woodburn Ambulance has suggested that the rate for responding miles be dropped from the fee schedule, and the cost of responding miles be included in the base rate. For the period August 1, 1998 to September 1, 1999 Woodburn Ambulance billed $98,940 for responding mileage on 2,750 ambulance calls. That is an average of $35.98 per call. Woodbum Ambulance is requesting a rate increase of $36.00 to the base rate of $625. This will allow them to cover costs. If the current level of activity continues, this change will not affect the consumer's costs on average. Nor will the change effect on the Woodburn Ambulance's net profit. FINANCIAL IMPLICATIONS: Because the change will have no effect of Woodbum Ambulance's revenue, there will be no impact on the franchise fee payable to the City, and therefore no effect on the City's budget.