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Agenda - 02/11/2002 AGENDA ~VO ODB URN CITY CO UNCIL February 11~ 2002 - 7.'00p. m. 270Montgomery Street ~ ~ ~Voodburn, Oregon CAI~I~ TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. City closures: City Hall and the Library will be closed on Monday, February 18, 2002 in observance of President's Day. B. Woodburn Library Book Discussion Group, Monday, February 25, 2002 at 10:00 a.m. in the Carnegie Room. Appointments: - None PRESENTATIONS/PROCLAMATIONS Presentation: A. Introduction of Water Treatment System Consultant Team. (Randy Rohman) B. Engineering Report for E. Hardcastle Avenue Improvement. (Frank Tiwari) C. WCAT Annual Report .......................................... (Jerry Kotter) 4C Proclamations: D. "Spay Day USA" - February 26, 2002 .............................. 4D 5. COMMITTEE REPORTS A. Chamber of Commerce. B. Woodburn Downtown Association. 6. COMMUNICATIONS 7. BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. Page 1 - City Council Agenda of February 11, 2002 Ao City Council minutes of January 28, 2002 .................... ._ ......8A Recommended actions: Approve the City Council minutes. Planning Commission minutes of January 10, 2002 ................... 8B Recommended action: Accept the Planning Commission minutes. o Ce Community Center Planning Committee minutes of January 24, 2002... 8C Recommended action: Accept the Community Center Planning Committee minutes. Planning Project Tracking Sheet dated January 31, 2002 .............. 8D Recommended action: Receive the Planning Project Tracking Sheet. Eo Building Activity Report for January 2002 .......................... 8E Recommended action: Receive the Building Activity Report. Police Department Activities Report for December 2001 .............. 8F Recommended action: Receive the Police Department Activities Report. Claims for the month of January 2002 ............................. 8G Recommended action: Approve the claims. He Agreement accepting proposed amended conditions - Woodburn Company Stores Phases II and III ................................. 8H Recommended action: Receive the agreement, as information. TABLED BUSINESS PUBLIC HEARINGS - None 11. GENERAL BUSINESS Council Bill No. 2370 - Ordinance approving the modification of two conditions of approval imposed previously by the City in Site Plan Review 00-18 (Woodburn Company Stores) ........................ llA Recommended action: Adopt the ordinance. Be Council Bill No. 2371 - Resolution entering into an agreement with Kennedy/Jenks Consultants for professional engineering services for development of a ~vater treatment and storage project and authorizing the Mayor to sign such agreement ................................ lib Recommended action: Adopt the resolution. Ce Council Bill No. 2372 - Ordinance ratifying the granting of a Cable Television Franchise to Willamette Broadband, LLC ................ 1 lC Recommended action: Adopt the ordinance. Page 2 - City Council Agenda of February 11, 2002 12. 13. 14. 15. 16. 17. DJ Ee Fe 18. Council Bill No. 2373 - Resolution authorizing application for a Land and Water Conservation Fund Grant from the Oregon Parks and Reareation. Department for a skate park ..................................... llD Recommended action: Adopt the resolution. Approval of engineering report for E. Hardcastle Avenue Improvement Recommended action: Approve the engineering report for E. Hardcastle Avenue Improvement as presented and direct staff to prepare a resolution of intent to improve. llE Liquor License Application - Woodburn Shell, 2995 Newberg Hwy .... Recommended action: Approve a Limited Off-Premise Sales liquor license for tFoodburn Shell, 2995 Newberg Hwy. llF Ge Annual liquor license renewal for all establishments ................. 11G Recommended action: Recommend to the Oregon Liquor Control Commission renewal of liquor licenses for the listed businesses for the year 2002. He Funding agreement between the City of Woodburn and the Woodburn Area Chamber of Commerce .................................... 11H Recommended action: Authorize the city Administrator to execute agreement. PUBLIC COMMENT NEW BUSINESS PLANNING COMMISSION ACTIONS - These are Planning Commission actions that may be called up by the City Council. CITY ADMINISTRATOR'S REPORT MAYOR AND COUNCIL REPORTS EXECUTIVE SESSION To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (1)(h). Be To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1)(f). ADJOURNMENT Page 3 - City Council Agenda of February 11, 2002 4C TO: FROM: SUBJECT: DATE: MEMO City Council through the City Ad~strato~,l ~ ~(~ Ben Gillespie, Finance Director ~. /h~! Woodburn Community Access Television Annual Report January 31, 2002 Attached is the Annual Report of Woodburn Community Access Television (WCAT). Accomplishments during the last year include regularly broadcast programs that are produced locally: City Council Fire District Board Meetings Planning Commission Library Board Parks and Recreation Board School Board Local special event programs this year included: Live fireworks Memorial Day Ceremony at Belle Passi Various school presentations Fiesta Hubbard Parade Summer Music in the Park Library lectures In addition WCAT airs programs originating outside the community that are of interest to area residents. Staffing is stable at one part time Production/Outreach Coordinator and two school to work positions. WCAT is looking for an RSVP referral to replace a volunteer who served part time for three years running the office. Currently 30 volunteer are registered with WCAT and about one quarter of those are actively working on specific video porjects. Renewal of the cable TV franchise agreement and the sale of the business to Willamette Broadband is providing WCAT an opportunity to review its place in the community. WCAT is searching for ways to encourage people to participate. Training community members to use the equipment and produce their own shows continues to be a priority. In the coming year WCAT hopes to become better known as a resource for the community. State of WCAT-5 Report to Woodburn City Council December 2001 Overview Woodburn Community Access Television (WCAT) operated on Direct Link Cable Channel 5 and continued to bring locally produced programming to the cable subscribers of the Woodbum, Gervais, and Hubbard areas. In addition, other programming from outside resources were used to supplement locally produced programming. Overall, the year of 2001 has been one of relative stability with growth in certain areas of community outreach. In addition, with the completion of franchise negotiations, WCAT is looking forward to 2002, when monies will be available through its new partner Willamette Broadband. These funds will allow the purchase of the last of needed studio equipment simplifying and technically enhancing WCAT operations. This will be true for both WCAT staff and the citizens that use the facility. The franchise document assures a portion of WCAT's cash flow will be fina;ncially stability. Funding Funding sources for WCAT for 2001 included primarily: 1) 12.5% of the franchise fees paid to WCAT by the City of . Woodburn. This amounted to $9,396.39 for the year. This money is used to fund WCAT operations and equipment repair. 2) Annual $1.00 per subscriber assessment. This is done in October and reflects the number of cable subscribers within the Woodburn city limits. This year's assessment was $4,290.00. These funds are primarily dedicated to equipment purchases and repairs. 3) DirectLink, Inc. pays $1000 a month in lieu of staff time as outlined in the present franchise. In addition, through an agreement with DirectLink, they pay an additional $300.00 a month to employ two school to work students. Total contribution for the year $15,600. 4) WCAT-5 contracts with the City of Woodburn to run the city's studio in the City Council Chambers. The annual contract is worth $5,4000 and pays for staff. 5) Misc. income comes from tapes sales, training fees, and interest income accounting for less than 4% of total income for 2001. 4C 2 Funding for WCAT will improve for the next ten years under the proposed franchise with Willamette Broadband, Inc.. Under the proposal WCAT-5 will receive a one-time payment of $40,000. WCAT will invest $15,000 and hold it for 5 years allowing the amount to grow and be available for updating equipment five years into the franchise. In addition WCAT five will receive the following: 1) 14% of the franchise fees will be paid to WCAT by the City of Woodburn. 2) $1500 monthly support from Willamette Broadband Inc. 3) $1.25 per subscriber per year, payable in October. 4) It is assumed that the city contract for operation of City Hall studio will continue at $5,600.00 a year. 5) There have been informal discussions with the Woodbum City Manager to hire a full-time manager/production coordinator for the organization. Funding would come out of city franchise fees and would allow WCAT to better serve the city's video needs. 4C Membership & Training Activities Presently, WCAT has approximately 30 trained volunteers of which about 1/4 are operating on specific video projects. WCAT continues to offer a curriculum of 6 workshops. Numbers of citizens attending are down, and training is presently being conducted twice a year or as needed. These workshops consist of Orientation to Public Access and WCAT, Producing, Studio Production, Field Production, Video Editing, and Directing. The workshops are given independently of each other allowing for greater flexibility by citizens. WCAT-5 has had only limited success in getting citizens to attend our workshops. We are still unclear as to why this occurring and have begun to look at new ways of marketing the workshops. Another disturbing trend are groups actually going through the workshops, and then not taking advantage of the services WCAT has to offer. Administrative Notes Dali Adams continues to contract with WCAT as a part-time Production/Outreach Coordinator. Dail supervises two School to Work students and a RSVP volunteer. Presently, WCAT is looking for RSVP volunteer to replace Jackie Sullivan, who served WCAT-5 for three years. The RSVP volunteer handles office duties, opening the office daily for a few hours, answering the phones, filing and updating the community bulletin board for air. 4C Board Jerry Cotter continued his role on the Board as Board Chair. The Board continued to be made up of representatives from the school district, City, and local producers/citizens. Presently the Board consists of Jerry Cotter (Governmental/Local Citizen), Bruce Thomas (citizen), Rob Felix (Woodburn School District), Ben Gillespie (City of Woodburn), and Rosa Gonzalez (Citizen). DirectLink WCAT has had a good working relationship with DirectLink. The company has worked well with WCAT and has allowed WCAT to air special programming and place satellite receivers on top of their building. Both organizations have shared a cordial and businesslike relationship, Business Plan The WCAT Board has continued working its business plan. An important area of the plan is community outreach. Much of WCAT's focus this last year has been in marketing WCAT to the school district and community. WCAT will continue a community presence through on-air promotion, visibility at community events, and increased training. The Mission Statement Woodburn Community Access Television's Mission Statement: "Allow and Maintain Access for All Citizens of the Woodburn Area to Enhance Communication within the Community" Strategic Goals: 1) Provide on-going basic and advanced television production training to the citizens of Woodburn and the cable viewing area. 2) Provide consistent, on-going, and locally produced television programs for 4C 4 cablecast to the community. 3) Encourage citizen involvement by on-going media and community presence. 4) Strive to acquire the most technically advanced video and audio production equipment within the constraints of WCAT's operational budget. 5) Provide on-going television coverage of local governmental and community boards. Equipment The organization updated its Community Bulletin Board this last year by purchasing a new on-air computer using Powerpoint software. The new computer gives WCAT-5 new abilities to display graphics and soon, high resolution moving video clips. The program allows for display of a variety formats for cablecasting community messages. WCAT-5 has also added MUZAK as the audio background to the Community Bulletin Board giving WCAT access to 65 music channels each with different themes. Depending on the time of year, and other events, WCAT-5 can switch into the most appropriate background music for the community. WCAT added more Super-VHS equipment in 2001. Most of the equipment was purchased used through dealers. The equipment, expands WCAT's ability to do more production work and allow more flexibility in production activities. In 2001, WCAT finished repairs and maintenance on the Northland Cable Company equipment donated to WCAT by their successor DirectLink. With the final repairs, WCAT now has a limited ability to edit Hi-8 tapes "off-line" with the repaired equipment. That will allow more post-production activity with more than one project being edited at a time. Partnerships WCAT is still deeply involved forging partnerships with the School District. Last spring, several educators from the District brought their classes into WCAT's studio and produced class projects ranging from displaying scientific experiments to school newscasts. 4C WCAT has also partnered with Chemeketa Community College with limited success, to advertise and register students for WCAT training programs. WCAT still enjoys a partnership with "The Woodburn Independent" newspaper. The paper gives WCAT free advertising space in their weekly TV guide, while WCAT acknowledges their sponsorship on-air Production Activities Using the City Council Studio, WCAT broadcasts 2 planning commission meetings a month, Library Board and Parks and Recreation Board meetings. Two City Council meetings are cablecast each month as well. These meetings all air live and then are replayed via videotape. WCAT also continues to broadcast Woodbum Fire District Board of Director's meetings. The tape delayed presentation airs the following Tuesday and then again two weeks later. School Board meetings are also taped monthly and air several times over the following weeks. WCAT producers have also produced a live fireworks show, Memorial Day Ceremony at Belle Passi, various school presentations, and Woodburn Parks and Recreation dance programs during the past year. Other productions included Fiesta, Hubbard Parade and celebration, Summer Music in the Park and various workshops and lectures held at the Library and City Council Chambers. "Si Se Puede", a health and information show for the Hispanic Community has continued. The show continues to deliver information to area Latino farmworkers. "Let's Communicate", a show hosted by Dick Jennings and Kathy Figley has appeared in limited form, this last year highlighting the proposed urban growth boundary. WCAT continues to carry the ARTS network for four hours a day. The satellite programming, courtesy of DirectLink, complements WCAT's other programming and give local viewers another reason to view the channel. Once again, the channel carried the Mormon Conference. The show, which is shown twice annually, comes in on satellite. This year, an earth station was purchased by WCAT and the receiver was installed replacing a loaned unit from DirectLink. 4C 6 On average, the WCAT studio logs 40 hours of use per month, producing 6-10 hours of programming. To demonstrate an example: If citizens used commercial studios for their projects, the cost would he $250.00 per hour. Looking at the number of WCAT hours, 40 hours x $250.00 =$10,000 or $120,000 a year is being contributed to the community. The Future The focus for WCAT this next year will include increasing the number of active volunteers, expanding the organization's recognition into to the community, continue to develop partnerships, developing a separate control room for the studio and finish the purchasing equipment to simplify studio operations. The Board is pleased with the conclusion of franchise negotiations and looks forward to the increased financial support by and developing a working relationship with Willamette Broadband Woodburn Community Access Television's Board of Directors will continue to examine and adjust its business plan taking advantage of oppommities and community needs and wants. The WCAT Board of Directors will continue to move WCAT forward and in a direction that will benefit the Woodbum Community as a whole. 4D 2002- "$pa USA" WHEREAS, dogs and cats give companionship to and share the homes of over 57,000,000 individuals in the United States; and WHEREAS, two unaltered cats and their kittens can produce 420, 000 more cats in seven years and two unaltered dogs and their puppies can produce 67, 000 more dogs in six years; and WHEREAS, Humane Societies and shelters have to kill 5 million dogs and cats each ),ear, although many of them are healthy and adoptable, simply because there are not enough good homes; and WHEREAS, the problem of companion animal overpopulation costs the taxpayers of this country billions of dollars annually through animal control programs aimed at coping with the millions of unwanted cats and dogs; and WHEREAS, spaying and neutering dogs and cats has been shown to drastically reduce cat and dog overpopulation, and WHEREAS, veterinarians, Humane Societies, national and local animal protection organizations and private citizens have joined together again to advocate the spaying and neutering of companion animals on "Spay Day USA 2002." NOW, THEREFORE, I, Richard Jennings, Mayor of the City of Woodburn do hereby proclaim FEBRUARY 26, 2002 - "SPAY DAY USA" in the City of Woodburn and I call upon the people of Woodburn to observe the day by having their own dogs or cats spayed or neutered or by sponsoring the spaying or neutering of another's dog or cat. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Woodburn to be affixed this day of February, 2002. Ribhard Jennin~s, M~yor City of Woodbu'rn COUNCIL MEETING MINUTES JANUARY 28, 2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 28, 2002. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0020 ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Public Works Manager Rohman, Park & Recreation Director Westrick, City Recorder Tennant 0055 ANNOUNCEMENTS. A) City Council/Community Center Planning Committee Workshop: This workshop will be held on Monday, February 4, 2002, 7:00 p.m., in the City Hall Council Chambers. B) Chautauqua Program - Taps: The Civil War in Word and Song: The Woodbum Public Library is sponsoring this program which will be presented on February 10, 2002, 2:00 p.m., in the Woodbum High School Lectorium. 0095 PRESENTATION: LIVABILITY TASK FORCE PROPERTY PRIDE AWARDS. 8A Jane Christoff, representing the Livability Task Force, stated that the Task Force was formed to help promote livability in Woodbum which includes organizing projects, educating citizens on livability issues, and to recognize people who contribute in making Woodbum aesthetically beautiful. Their mission statement includes "...promotion of livability through cleaner community where there is pride in property ownership and a sharing of a strong and common sense of community". She stated that the Task Force has elected to present Property Pride Awards on a quarterly basis to recognize homeowners and businesses in the community. The awards are based on aesthetic appeal, property improvements and maintenance, and positive contribution to their neighborhood and community. The home award was presented to Floyd and Gladys Lenhardt, 388 E. Lincoln St., whose upkeep and beautification efforts of their property enhance the drive down that residential street. Floyd and Gladys Lenhardt accepted the award and expressed their appreciation to the Page I - Council Meeting Minutes, January 28, 2002 COUNCIL MEETING MINUTES JANUARY 28, 2002 TAPE READING Task Force for recognizing their home for this award. Mr. Lenhardt stated that the home was built in 1902 and was purchased by his grandmother in 1921. He was bom in that home and it is their intent to live in the home for the rest of their lives. Their hobbies include growing plants and they display about 350 potted plants around their property during the spring/summer months. Additionally, they have a greenhouse on their property in which they grow all of their plants either from seed or cuttings. The business award was presented to Silverton Hospital for the Tukwila Center for Health & Medicine. She stated that this building has 3 water features which presents a peaceful setting for those utilizing the facility. In attendance to accept the award was Gary Simon (Chairman of Silverton Hospital Board of Trustees), Tom Clark (architect), Cathy Heisen and Patrick Vance. Gary Simon thanked the City for the award and, as a resident of the area all his life, he feels that, in addition to be a great clinic for the City, the visual image of Woodbum is very important. He also applauded the City for their Urban Renewal efforts and felt that those individuals who created the need for the upcoming election are the ones who really need to have a vision for a vibrant and visually acceptable community. Patrick Vance stated that Bill Winter, Executive Director, was unable to attend this meeting, however, he did want remind the City that Silverton Hospital's involvement in Woodbum began under Richard Brentano more than 10 years ago, and the Board of Directors and Foundation Board has been very fortunate in having Woodbum individuals such as Gary Simon, Bob Engle, Darrell Mendenhall, and Tim Abrahamson who have made it their mission to represent Woodburn and guide the Hospital's involvement in Woodbum. He also stated that the building has been recognized in the Architect Literature joumal. Tom Clark stated that Silverton Hospital wanted to recognize their clientele properly in Woodbum and when choices needed to be made, the Board always took the high road. Another client on this project, Webstar, also wanted to promote Woodbum and wanted the building to represent the spirit in Woodbum. He stated that there is a lot of support in this community to make Woodburn better and he congratulated the City in recognizing homeowners and businesses for their accomplishments. Mayor Jennings complimented the Task Force for the job they are doing in making Woodburn a more livable community. 0766 CHAMBER OF COMMERCE REPORT. Patrick Vance, representing the Chamber Board, expressed the Chamber's gratitude for the City's participation in funding the Chamber's Visitor Center and the promise to use those funds in promoting Woodburn. Additionally, the Chamber is developing a newer and better City map and some of the maps will be delivered to the City once it has been printed. Page 2 - Council Meeting Minutes, January 28, 2002 TAPE READING 0820 0923 1069 1200 1261 COUNCIL MEETING MINUTES JANUARY 28, 2002 LETTER FROM ELOISE THOMPSON. Mayor Jennings read a letter from Eloise Thompson, 331 Columbia Dr., expressing her appreciation for the new sidewalk on W. Hayes Street which provides safety to pedestrians all the way to Nellie Muir School. She also appreciates the new street lights, especially the one at the Columbia Dr. intersection, since it enables them to see the turn onto Columbia Dr.. Nikki DeBuse, representing the Woodbum Tulip Festival Committee, brought a Fact Sheet to the Council outlining the purpose of the committee and events scheduled for the 2002 Tulip Festival. This year, they are looking into the possibility of having Funtastic Carnivals bring a carnival into Woodbum the weekend of April 13th along with a parade, car show, and several other events. The Chamber of Commerce will be putting on a kick- off event on March 23ra at Woodburn Company Stores. The Committee will be contacting local businesses for sponsorships in printing brochures promoting Woodbum and the Festival. Their goal is to get tourists to stay in town, promote Woodbum, get them to do business in Woodbum, and to provide family activities for visitors and local residents. Mary Graves, Woodburn Company Stores, stated that several of the stores in the outlet mall had participated in the November 17th & 184 national event known as the "Local Heros Appreciation Weekend". There were 26 of the merchants who agreed to contribute a portion of their sales to the City's law enforcement program and fire department. Woodbum Company Stores agreed to match funds contributed by participating outlet merchants in support of this event. All of the checks have now been collected and she presented the City with a check in the amount of $4,763.40 to be split evenly between the Police Department and Fire Department. Mayor Jennings expressed his appreciation to the participating stores and Woodbum Company Stores for their contribution to these public safety programs. Jim Keller, 1919 Westwood Dr., Keizer, stated that he was just visiting at this meeting in order to learn more about the City. He is a candidate for office as a Marion County Commissioner. CONSENT AGENDA. A) Approve the Council regular and executive session minutes of the January 14, 2002; B) Accept the Recreation and Park Board minutes of January 8, 2002; C) Accept the Library Board minutes of January 9, 2002; D) Accept the Planning Commission minutes of December 13, 2001; E) Receive the Police Department Activities Report for November 2001; F) Receive the status report on the rehabilitation of the building located at 347 N. Front Street. 8A Page 3 - Council Meeting Minutes, January 28, 2002 TAPE READING 1284 COUNCIL MEETING MINUTES JANUARY 28, 2002 FIGLEY/SIFUENTEZ .... adopt the consent agenda as presented. The motion passed unanimously. CONTINUATION OF PUBLIC HEARING: REVIEW OF PLANNING COMMISSION DECISION ON SITE PLAN REVIEW MODIFICATION NO. 01- 1652 10 (Woodburn Company Stores). Mayor Jennings continued the public hearing at 7:25 p.m.. He stated that he has visited the site numerous times over this various subject, however, if he was required to vote, it would not affect the wayhe would decide to vote on this issue. Councilor Figley stated that she, along with almost all of the other Councilors, had visited the site but it would not affect her vote. Attorney Shields stated that the land use statement was read when. the heating was initially opened and it does not need to be re-read at this time. He also stated that, for the record, no one is making any kind of declaration regarding a conflict of interest and site visits are all that have been noted for the record. Community Development Director Mulder entered into the record the Planning staff report along with Exhibits 1 through 73 which are available for inspection by the Council and the public. He stated that the initial hearing before the Council was held on November 13, 2001 as a result of the Council calling up for review the Planning Commission's decision to approve the amended conditions except for the applicant's request to modify the condition which requires the applicant to dedicate and improve Amey Lane from the existing Amey Road westerly to the west boundary of the applicant's property. The Council continued the hearing to January 14, 2002 for the purpose of allowing the applicant and staff to work out some of the issues relating to this proposal. The Council had established certain stipulations regarding the timing of the staff report being available and when new evidence would be submitted. A Special Council meeting was held on December 19, 2001 and the Council adopted a revised order of procedure which established that the public hebxing would be continued to the January 28, 2002 Council meeting and the staff report be made available on December 31,2001 with new evidence and written arguments be submitted by January 18, 2002. The only evidence submitted by January 18, 2002 were the items that have already submitted into the record. The applicant had agreed to the revised procedures and granted the City an extension of the State's 120-day land use application processing rule until 5:00 p.m. on February 15, 2002. Notice of the revised order of procedure was given to the applicant and to other parties that participated in the November 13, 2001 hearing. Administrator Brown stated that the Council had received, under separate cover, a staff report regarding negotiations of a proposed modification of conditions. Additionally, he provided the Council with a copy of the proposed amended conditions which will supplement the work discussed in the staff report. It was noted that there are some changes to what the Council had previously been advised of in the staff report based on Page 4 - Council Meeting Minutes, January 28, 2002 COUNCIL MEETING MINUTES JANUARY 28, 2002 TAPE READING transactions that have taken place between staff and the applicant over the last several days. He summarized the alternatives available to the Council as provided for within the staff report and requested that the Council focus on alternative/t3 which would amend the conditions of approval in a different manner. At the time the application was submitted, it was staff's position that what was being requested was not fully consistent with City practices and past policies in having development pay for itself for the current time and into the future. Staff also indicated to the Council at that time that, from the standpoint of legal safety, the only legally safe option before the Council was to deny the application and leave the existing conditions in place. The Council:discussed the fairness issue of what was being asked of the applicant and, as a result, felt that there might be some middle ground available in which both the applicant and City could agree to. For that reason, the hearing was continued to give staff and the applicant an opportunity to seek the middle ground, and to give staff an opportunity to continue to build the record on this land use issue. He presented the Council with a proposal that has been agreed to by the applicant in a legally safe manner in that it would not involve a Dolan taking argument that would say that because you imposed something less than the original conditions that you leave yourself open to a legal challenge. The proposal also takes care of the fairness concerns on the applicant's behalf that were raised by the Council. In developing the proposal, staff looked at modified conditions that would be (1) consistent with past and current policies, existing standards, and good urban planning for the future, (2) fairness to the applicant, (3) continue to provide access to properties who would be using right-of- way under discussion, (4) protect the public safety, and (5) protect underground water resources. Under the proposed amended conditions, the applicant would dedicate to the' City the right-of-way along the full length of the north side of his property to the western bounds so that the roadway can be built to the western bounds from where the applicant's westerly driveway to the property west of the applicant's at some time in the future. That dedication of right-of-way would take place at the time the building permits would be pulled for the Phase II construction or, if there was an improvement to Arney Lane, whichever one comes first. Within the right-of-way, the applicant will build a 44 foot wide road improvement that would extend to the backside of the westerly driveway. Beyond that point, there would be no improvement required of this particular development so long as the developer does not increase the total square footage that he is intending to build in Phase II and III which is approximately 400,000 square feet for all 3 phases. The improvement includes a curb, gutter and sidewalk on the south side and, on the north side, it would only have a curb and gutter. There will be two driveways on the applicant's property and, the driveway openings required under the existing approved plans would still be constructed on the north side of the improvement. The City does not have the jurisdiction to require any level of development on the north side of the improvement since it is outside of the city limits, therefore, staff is proposing to eliminate the sidewalk and street lighting on the north side and the improvement of the driveways Page 5 - Council Meeting Minutes, January 28, 2002 8A COUNCIL MEETING MINUTES JANUARY 28, 2002 8A TAPE READING would be limited to the standard curb cut improvement and a small apron of asphalt paving of 5 feet back from the curb line which would take place within the right-of-way. If the northerly properties ever annex into City, or the Urban Growth Boundary extends and they develop their property, then it will be that development's responsibility to make those improvements. On the south side, there are a number of street lights to be installed between Amey Rd and the westerly driveway. A small allowance has been made for the re-spacing of those lights to get better lighting coverage at the driveways. The proposed amended conditions are in lieu of any future participation in a street Local Improvement District (LID) unless the square footage exceeds the footprint intended for the 3 phases of this development. In regards to the systems development charges (SDC) and traffic impact fees (TIF), developers have the ability to request CoUncil deferral of the payment of those fees or to make payments on those fees. It has been the CoUncil policy to allow those fees to be deferred as long as the occupancy permit has not been issued. A condition in this proposal would provide for the deferral of the SDC's and TIF's for Phase II until the occupancy permit for Phase II is granted, however, it would allow the applicant to come in at a future point in time to exercise the same set of fights for Phase III. The SDC and TIF fees would be the fees in effect at the time the payment is made and not the fees that might be in effect today. At the time the project reaches 315,000 sq. feet of leasable square feet which includes Phase I, it would then trigger the roadway improvements. Until the roadway improvements are made, the applicant will be able to use the existing roadway for construction traffic only. Currently, there is a right-of-way issue going on between the developer, an adjacent property owner, and Marion County. The proposal includes some language that if there is a need to dedicate some land back to the developer by virtue of vacation of Arney Road through the alignment activities that have taken place to the degree that he has a legal claim to that property, then the City would support him in that legal claim. That may take the form of staff support or engineering support or a letter to the County or it may come as far as asking for a Council Resolution supporting that action. Staff felt that it was important to assist in that regard since there is a public benefit to constructing the roadway. Since the applicant has already paid his permit fees based on construction of the full length of roadway, the City would refund permit fees on the portion of the roadway that will not be constructed. Administrator Brown reiterated that the proposed amended conditions are presented to the Council as an alternative and it has been discussed with and agreed to by the applicant. Based on the provisions outlined at this meeting, staff has prepared an agreement outlining the proposed amended conditions which has already been executed by the applicant to show good faith. If the Council is interested in this option, staff requested that the Administrator be authorized to execute the agreement on the City's behalf tomorrow and Council give direction to the staff to prepare an ordinance making the conditions as agreed to with the applicant. Page 6 - Council Meeting Minutes, January 28, 2002 8A COUNCIL MEETING MINUTES JANUARY 28, 2002 TAPE READING 2775 Mayor Jennings questioned if staff felt comfortable with the amended conditions as proposed. Administrator Brown stated that he felt that this is the best job that can be done to deal with this issue and he feels that it is a fair agreement. He also felt that the agreement reflects the Council's intentions and meets the conditions discussed earlier in his presentation, therefore, he recommended Council adoption of the agreement. Councilor Bjelland questioned where the intended improved roadway is located and if there is one or two driveways. Administrator Brown stated that there will be two driveways with the roadway to be :: constructed to the most westerly driveway. The length of the roadway will be approximately 70% of the original full length that would have gone to the applicant's westerly property boundary. He also stated that fight-of-entry permits for properties north of this development will be eliminated in this agreement since the work will be done within the public right-of-way. Steven Craig, applicant representing Woodbum Company Stores, thanked the staff for their efforts in working out the amended conditions. He stated that he did not believe the original conditions were fair as to what they were being required to do in order to complete their development and, after the November 13th hearing, he felt that the Council also felt that it was not completely fair. He stated that they have come to terms with staff and are willing to build the road to the most westerly point of their westerly entrance. There is approximately 30% (or 250 lineal feet) of roadway improvement to be eliminated, however, he stated that the storm drain system line does extend the full length of northerly property line. The sidewalk on the north side of the roadway will not be constructed under the agreement which amounts to approximately 800 feet of sidewalk that would serve two households. Another issue was the right-of-entry permits and, when they tried to get the permits from the property owners to the north, those property owners tried to extract additional services from his company on their properties. He believes that the conditions as agreed to and in the timing on how it relates to what is being constructed is fair and equitable. He stated that they are still installing the exact number of street lights that were originally conditioned to the westerly driveway. He requested that the Council approve the amended conditions so that all parties can move forward. 3315 Marty Roher, property owner to the north of the subject property, stated that he was originally opposed to the applicant's proposal, however, he is delighted with the settlement discussed at this meeting. He congratulated staff for a job well done and thanked Woodburn Company Stores for coming to a reasonable conclusion on this issue. For the record, Attorney Shields stated that staff was asked by the Council to talk to the developer about possible ways to resolve this issue. There is nothing in the record, or to Page 7 - Council Meeting Minutes, January 28, 2002 COUNCIL MEETING MINUTES JANUARY 28, 2002 TAPE READING his knowledge, that the developer has, at any point in time, communicated with the Mayor or the Council. If that was the case, then it would have been stated at the beginning of the hearing. Mayor Jennings declared the public hearing closed at 7:59 p.m.. Councilor Nichols stated that he is glad to see the issue resolved in which both parties are in agreement. Councilor Figley stated that her biggest concern with land use applications is that every application needs to be evaluated by the same set of rules. In this case, she believed this agreement was thoroughly evaluated and is pleased that both staff and the applicant are in agreement with the amended conditions. Councilor McCallum expressed his opinion that the staff did an excellent job in following the conditions that the Council had set out previously. He is also glad that Woodbum Company Stores is feeling good about Woodbum again and he reiterated that the City feels very good about Woodbum Company Stores which has become a very important part of our community. Councilor Bjelland stated that issues that he had brought forth were not focused specifically on Woodbum Company Stores but on what type of precedent the City would establish for other projects of a similar nature. There were some issues potentially raised as a result of this application that needed to bed addressed in the future relating to the Dolan case and takings of property and, even though he felt the City was on sound footing with the original proposal, he feels that the agreement gives him enough comfort level to approve the agreement without saying that a precedent has been established that would impact the City on future development. Councilor Sifuentez thanked the staff for their work on this agreement. Councilor Chadwick stated that Woodbum Company Stores is an attractive addition to Woodbum and she was glad to have come to an agreement with the applicant. Mayor Jennings also stated that he was pleased with the outcome of the agreement since he was the one who brought the issue up to the Council for potential review. He reiterated that the Council action was not intended to overturn the Planning Commission's decision since they did what they needed to do with the information they had available to them. FIGLEY/NICHOLS... amend the conditions as proposed by the City Administrator in Site Plan Review Modification No. 01-10. Discussion was held on the wording of the motion. Attorney Shields suggested that two motions be made by the Council - one to authorize execution of the agreement and the other motion to direct staff to prepare an ordinance to adopt the proposed amended conditions. The motion and second were withdrawn. FIGLEY/NICHOLS... amend the conditions of approval as incorporated in the Page 8 - Council Meeting Minutes, January 28, 2002 COUNCIL MEETING MINUTES JANUARY 28, 2002 TAPE READING document before the Council designated Amended Condition of Approval 1 and Amended Condition of Approval 23 and instruct staff to bring an ordinance substantiating this decision. On roll call vote, the motion passed unanimously. 4196 FIGLEYfNICHOLS... authorize City Administrator to execute the agreement with Craig Realty Group which has already been signed by the applicant. The motion passed unanimously. Mayor Jennings thanked all parties involved in this issue. ~ Mayor Jennings called for a recess at 8:08 p.m. and the meeting reconvened at 8:12 p.m.. 4218 COUNCIL BILL 2369 - RESOLUTION DIRECTING STOP SIGN INSTALLATIONS ON PANA STREET, COUNTRY LANE, AND LUBA STREET WHERE THEY INTERSECT WITH BRIDLEWOOD LANE. Council Bill 2369 was introduced by Councilor Chadwick. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2369 duly passed. 4298 CASCADE SURGE FACILITY USE AGREEMENT. Director Westrick stated that the Parks & Recreation Board had reviewed an application from Cascade Surge to utilize Legion Park as their home field for 2002. This minor league soccer organization had been based in Salem but had approached the City to use Legion Park for 9 home matches and practices during their season which runs from May through July. There has also been some discussion regarding the use of Centennial Park. The Recreation and Parks Board had reviewed the facility use agreement and is recommending Council approval of the agreement. Director Westrick reviewed the agreement which will provide for a rental fee of 20% of gross ticket sales or $151 per day whichever is greater. Additionally, the City would receive a portion of the sponsorships through signs posted along the Park Avenue and parking lot fences. He stated that Cascade Surge is operated by a non-profit organization called Reaching Youth Through Sports. Even though this is an adult t soccer program, they do a lot of youth development and they plan on doing some youth programs involving our local schools and the Recreation Department. Staff is still working out details in which Legion Park can still be used by individuals for activities on the same days in which soccer games are held. Other highlights of the agreement include Cascade Surge submitting a security plan to the Police Department which will describe how they will respond if problems occur. Alcoholic beverages are not allowed in the parks and Cascade Surge is not asking for permission to serve alcoholic beverages. Them will be a front entry point in which items can be inspected so that alcohol screening can take place. He stated that this is a truly an Page 9 - Council Meeting Minutes, January 28, 2002 8A COUNCIL MEETING MINUTES JANUARY 28, 2002 TAPE READING international club in that there will be players from England, Mexico, all across the United States, and even some local students from Salem. He expressed his opinion that this program will enhance activities offered in our community and staff is looking at ways to incorporate Surge activities with other events occurring in the City. Mayor Jennings questioned if dates have been established so that other organizations are aware of when Legion Park will be in use by Cascade Surge. Director Westrick stated that specific dates will be placed in the agreement. Councilor McCallum stated that when the School District utilized Legion Park as their football field, there were some interesting problems tha~ had to be dealt relating to access to facilities when a major event was taking place. He also questioned who would be operating the concession stand during the games. Director Westrick stated that the Recreation and Park Board is working plan to have a master concessionaire who would handle all of the activities at Centennial, Settlemier, and Legion Park. Councilor McCallum also questioned the anticipated attendance at soccer games along with the impact on the neighborhood if a large crowd is expected. Other issues of concern are security, crowd control, beverage control, parking, and noise from the sound system. Director Westrick stated that staff will be on duty when the games are being held and that person's response to incidents will be determined by the security plan and by established procedures. Games should be over by 10:00 p.m. and they will be doing all they can to adhere to the park curfew time limit. Councilor Bjelland questioned if the sponsorship signs would be placed at Legion Field on a permanent basis or only during the soccer season. Director Westrick stated some of the signs may be permanent and others brought out during the games. Currently, the City has sponsor signs in the park, however, about one- half the of the businesses no longer exist and the idea is to have new signs in place of the non-existent business signs. Staff is also looking at making the sign placement more attractive by spreading them out so that they face in toward the field. Keeping some of the fences open will help with security concerns at the park. Mayor Jennings stated that, from prior experience involved with an event that has a 1,000 people in attendance, there will be a need for additional portable toilets since the restrooms under the stadium is insufficient to handle such a large crowd. Arrother concern would be in placing up some sort of barrier around the stadium in order to keep people from just walking in from the backside of the park and not paying to see the event. Jim Parent, representing Cascade Surge, distributed copies of their 2001 Yearbook and a Media Guide for the League system in which they belong. He stated they belong to the Premier Development League which is considered an amateur league so that the amateur and/or college player can participate in the league without losing NCAA eligibility. They Page 10 - Council Meeting Minutes, January 28, 2002 COUNCIL MEETING MINUTES JANUARY 28, 2002 8A TAPE READING Tape 2 are allowed to have professionals, however, they have elected not to and they focus on the college player for playing on the national team or future professional play. The exact dates are available and they will provide those to Director Westrick for inclusion in the agreement. He stated that they have 9 home dates with one of those dates to be played in Keizer as part of an agreement with the Keizer Chamber of Commerce in conjunction with the Keizer Iris Festival. They are also looking at 2 exhibition dates that they would like to arrange with the Willamette Soccer Leagues with the goal to try and get the Woodbum community involved in their games. In regards to high school age youth teams, they have organized teams that play games locally in the State and have taken them other locations such as England or Europe. Last year, their organization took 2 teams to the Czech Republic and Austria and the year before they took a team to England. Kids on the team are mostly from the Salem/Keizer area. As far as the youth teams to be brought to Woodbum, they will be bringing a brand new national youth soccer league called the Super Y League. This league will play a northwest division schedule which includes 3 teams from Canada, 3 teams from Washington, and 2 teams from Oregon. They will be hosting youth 14 girls, and youth 14, 15, and 17 boys, and they will be using Legion and Centennial Parks as their home base. Their intent is to try and play one or two of those games prior to one of the minor league team games. He stated that youth outreach in the community is something they do participate in by making approximately 60-100 appearances at schools promoting strong character values, teamwork, integrity, and discipline. Additionally, they have worked with after school programs in the Salem area by providing a couple of the college players to come to the school and provide the activity during the after school program, and they intend to expand this program to the Woodbum area. Their organization does numerous fundraisers so that they can pay the college players can be paid for these types of activities since they cannot be paid to play soccer. During the season, they stay with local families and become a part of the community. In regards to revenue, soccer is not a revenue generator and their games are a highlight to what they are trying to do rather than making money. They do not look for attendance to pay for all costs and selling field signs will be a new adventure for them since they have not had a facility that they could use in order to sell field signs. He stated that attendance averages 500-600 people when they played their games at Willamette University's field. He also addressed their public relations attitude and it is their policy to work with circumstances that may arise and realize that there may be times that not all attendees will be paying to see the games. They promote their games as a family event and they will checking to see that no alcoholic beverages are brought into the parks. Councilor Figley stated that she was impressed with Cascade Surge when they made their presentation to the Recreation and Park Board and she is looking forward to having them as a tenant in Woodburn. Page 11 - Council Meeting Minutes, January 28, 2002 COUNCIL MEETING MINUTES JANUARY 28, 2002 TAPE READING Councilor Nichols was also supportive of Cascade Surge becoming a part of our community activities. It was the consensus of the Council to authorize the execution of the facilities agreement by staff. 0486 PLANNING COMMISSION ACTIONS: A) Planning Commission approval of Conditional Use 01-03: Request by Immanuel Lutheran Church to operate a preschool in a previously-used church parsonage located at 1100 E. Lincoln Street. , ~ No action was taken by the Council on this matter. 0540 MAYOR AND COUNCIL REPORTS. Councilor Figley stated that she was unable to attend the Chamber dinner due to her attendance at a meeting in Keizer involving the progress of the mil project for the west side of Portland. This is a commuter train that is scheduled to run from Wilsonville west of the freeway to the Beaverton transit center which then connects into the Max and general Tri-Met system. There has been a question that has come up regarding extension of the commuter train from Wilsonville to the Salem-Keizer area. She stated that she found the presentation very informative and, even though the service to Wilsonville is scheduled to start in 2004 or 2005, it is not too early for those cities south of Wilsonville to think about whether or not this is an option to pursue. Since it is in the preliminary stages, it would involve an expenditure of staff time and some expenditure of cash for some type of a feasibility study. At this time, Keizer would like to pursue this issue. She suggested that the City may want to pursue this issue since we will soon need to update our Transportation System Plan and this may be an alternative to the automobile that could be incorporated into the plan. It is her understanding that this issue will be brought up at an upcoming Mid Willamette Area Commission on Transportation (MWACT) meeting to see if there are other communities in support of this extension project. Councilor McCallum thanked staff for their work on the budget review meeting which was held last Saturday and for their work on the land use issue discussed at this meeting. Councilor Bjelland questioned Councilor Figley as to whether or not a letter from the Council would be appropriate at this time acknowledging general support of the project to submit to MWACT. Councilor Figley stated that a letter would be appropriate and it could then be submitted at the next MWACT meeting. Councilor Bjelland expressed his opinion that this is a project that should be explored and a letter of support would be in order. If it requires a contribution from the City, then it will need to go through the budget process. Page 12 - Council Meeting Minutes, January 28, 2002 TAPE READING 1282 COUNCIL MEETING MINUTES JANUARY 28, 2002 Following some additional discussion on this issue, it was the consensus of the Council that the Administrator would draft a letter for the Mayor's signature. Councilor Sifuentez that she had obtained a Youth Leadership workbook at the League of Oregon Cities conference and, as a result, she has been working with Jeanne Holm on that issue and it has been very interesting as to what other cities are doing in this area. She solicited Council support on moving forward on this issue with the School District with the hope that they can implement a program in the fall of 2002. Councilor Sifuentez also stated that she is chai~'ing the Governor's Food Drive for MacLaren and there will be several activities held in order to generate food and cash donations to the local food bank. This year, she will be involving more of our community and city employees in this food drive. Mayor Jennings stated that there is no need for an executive session. ADJOURNMENT. BJELLAND/MCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:00 p.m.. 8A APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 13 - Council Meeting Minutes, January 28, 2002 8B WOODBURN PLANNING COMMISSION January 10, 2002 CONVENED The Planning Commission met in a regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Young p Cox p Fletcher p Lima p Grosjacques P Mill P Bandelow p Lonergan P Staff Present: Jim Mulder, Community Development Director ELECTION OF OFFICERS Chairperson Youn.q stated it has been a great honor and joy being the Woodburn Planning Commission Chairperson for three years. He indicated he feels that for the year 2002 and for the good of the City perhaps another person would like to take the reigns and announced his withdrawal from the nominations. He commented the Chairperson has a great amount of responsibility and it is important to coordinate with Staff in meeting with them prior to each meeting to review and discuss the cases. Commissioner Loner.qan thanked Chairperson Young for the work he has done in the last three years as Chairperson. The Planning Commission and the City certainly owes him a debt of gratitude. He nominated Vice Chairperson Cox as the new Chairperson of the Planning Commission. Commissioner Lima seconded the nomination. Nomination unanimously carried. Chairperson Cox remarked he appreciates the honor and hopes he can do half as good a job as Royce Young has done. He stated Royce's attention to detail and levelheadedness in running these meetings has certainly been noticed by everyone. The newly appointed Chairperson Cox presided the meeting. Commissioner Mill nominated Commissioner Young as Vice Chairperson. Commissioner Youn.q respectfully declined the nomination. Commissioner Lonerqan nominated Commissioner Lima in the capacity of Vice Chairperson. Nomination unanimously carried. MINUTES A__~. Woodburn Planning Commission Minutes of December 13, 2001 Commissioner Mill referred to page 4 of the minutes and noted spelling correction be made to Marylee's last name to read Anglin. Commissioner Fletcher moved to approve the minutes with the noted correction. Commissioner Grosjacques seconded the motion, which carried. BUSINESS FROM THE AUDIENCE None Planmng Commzsslon Meeting- January 10, 2002 Page I of 5 COMMUNICATIONS A_.=. City Council Minutes of December 10, 2001 Commissioner Younq referred to page 7 and congratulated City Attorney Shields for his selection as the Chair Elect of the Government Law Section of the Oregon State Bar. He stated everyone in the community needs to know that we are well represented in Woodburn which is very apparent by Attorney Shield's selection to the position. B.__:. Presentation by Randy Rohman re.qardinq Water Treatment Project Randy Rohman, Proiect Mana,qer, Public Works Department provided an update regarding the Water Treatment Project. He reported the desire to remove iron and manganese, significant system storage capacity deficiency and regulatory problems primarily with arsenic and potentially with radon are several of the reasons for embarking on the project to treat the City's water supply. Mr. Rohman further described the project itself will entail construction of three treatment plants. The plant system will use four existing wells and we will end up drilling two new wells. One plant will be located on National Way where there is an existing well and property. He also indicated it will have a storage tank of 2.2 million gallons and will also utilize water from Well 8 which is adjacent to Legion Park near the Community Gardens. The storage tank will be in the neighborhood of 40 feet tall and approximately 100 feet in diameter. Mr. Rohman further stated they do not see any problem with it fitting in that area as it is an industrial zone and therefor~e, a minimal level of landscaping will be provided. He indicated the new plant and wells will be located at the second treatment plant site which is on Parr Road. It was also reported by Mr. Rohman that a determination has not been made regarding Settlemier Avenue as a potential well site as the property for that well has not been acquired at this time, although they are in the process of talking with the property owner of that site. He commented the City does have possession of the property adjacent to the Middle and Elementary School as well as Centennial Park. The facility for that site will be similar to the National Way site with the treatment facility designed to be expandable so that in the future one or two additional wells could be drilled in that area and also connected into that plant by adding additional filters. Itwas also reported by Mr. Rohman that a 2.2 million gallon storage tank built at that site and the landscaping requirements will be a little more intensive since there is a little more public use. However, they do not feel that a storage tank of that size would cause any problems. The third site is on Country Club Road and they do have two existing wells there, Donner Well and Astor Way Well. He stated those two wells will be connected to provide the water to be treated at that particular facility. The City owns the well site and they are in the process of purchasing the adjacent parcel surrounding that site so that they have additional property and they can better isolate the plant from the neighborhood surroundings. Mr. Rohman explained the reason for the addition of a storage tank at the Country Club site as indicated in the handout provided to the Commission was because it appears that the Federal Government will enact the Radon Rule as currently written. He stated with the decision on the Arsenic Rule in October, the feeling received by the EPA is that they will be moving forward with the Radon Rule and should become final probably this Spring. Mr. Rohman stated they are anticipating there will be no real significant changes from the proposed rule. He indicated something needs to be done to reduce the radon concentration in our wells. Radon is an extremely volatile gas and minimal aeration will achieve significant removal rates of radon. He stated seismic requirements on the water tanks require that there be a fairly significant amount of airspace above maximum water level. It was reported by Mr. Rohman that they anticipate the removal of iron and manganese will result in the reduction of the arsenic level which will result in a finished water that is well below the 10 part per billion standard that has been enacted. He reported potassium per manganate oxidation and filtration will be the treatment process to be utilized which is a high level oxidizer and not a disinfectant. Mr. Rohman further explained if a disinfectant is utilized as an oxidizer, the health division would require them to maintain a disinfectant residual which would require the addition of chlorine somewhere in the process. It has been Council's goal, if possible, to avoid the addition of chlorine to the water supply which is primarily the reason the potassium per manganate oxidation and filtration process was selected. He described the process would require back washing approximately every 24 hours into a tank and the iron and manganese would settle out. Some of the water would be run back through the plant and the iron and manganese would be pumped to the sewer and into the treatment plant. Mr. Rohman reported the total project cost is $19.3 million which covers design, construction engineering and the actual construction of the plants and storage tanks. The City has received a $4 million safe drinking water revolving fund loan to cover a portion of the costs. Additionally, the Oregon Economic and Community Development has indicated that they would work 8B Planmng Commission Meeting - Ja~tuary 10, 2002 Page 2 of 5 with the City to obtain a State sold bonding to cover the remaining loan requirements which would save the City the costs of bond attorneys and issuance costs and since it is a State bond they would get lower interest rates. He also reported the revenue stream to repay the loans would be partially through increased water rates which was approved by City Council last year and took effect with November 2001 water use and those increases will occur annually with November water use for five years. At that point, the plant will be finished and we should see a leveling effect of the water rates. Mr. Rohman stated the Water System Development Charges were also reviewed and increased January 2002. He indicated the preliminary site plan should be ready some time this summer and will be coming before the Planning Commission. Commissioner Lonerqan asked what are the problems that may be caused if the radon level is averaging 300 to 400 picocuries in the well when it needs to be below those numbers? Randy Rohman explained the contribution of indoor radon from the water supply is relatively small and most experts agree that it is a 2-3% contributing factor. High levels of air radon have been linked with cancer effects primarilyto smokers through lungs. However, there has been some association with ingestion of radon in water with some cancers. He indicated the current radon rule has what is called "maximum contaminant level" which is the 300 picocuries per liter. The alternate maximum contaminant level (4,000 picocuries per liter) is allowed if the State or City develops a multimedia mitigation program. He commented the State of Oregon will probably not institute a multimedia mitigation program. The major problem with this program is that it requires that there be a program developed that all new home construction be built radon resistant and that there be a program to go back and retrofit existing homes and make them more radon resistant. Indoor air problems with radon in Oregon are relatively minimal and is primarily a problem in the east coast. Mr. Rohman further indicated there are significant costs associated with the multimedia mitigation program and every indication he has received from the State Health Division is that they are not going to take that effort to try to fight something like that through the Legislature. Therefore, we are looking at reducing the radon level below the 300 picocuries per liter which is a relatively easy process and contaminant to remove. Commissioner Loner.qan inquired what will be the percentages of increase in water rates? Randy Rohman replied the rates went up in the November water use and were reflected in the December water bill. He explained they went to a cost of service rate where it differentiated a little bit from the way they used to do water billing. Previously you paid a basic fee for a certain quantity of water and then a usage fee for anything above that. He reported the current rate is a fixed plus usage rate. A fixed charge is paid for the meter and then you pay a usage charge for the water. Mr. Rohman explained it is a three block structure for residential up to 700 cubic feet (winter average use) and then the rate goes up a little bit from 1,800 cubic feet (summer average use) and above 1,800 cubic feet the rate goes up a little bit more, i.e.; 1,000 cubic feet water: 1st year = approximately 27% increase; 2r~ year = 27%; 3rd year = 20%; 4t" year--20% and 5"~ year=8%. He indicated the bill for this example would go from $11.65 (2001 rate) to $29.60 (November 2005 rate). Commissioner Bandelow asked Mr. Rohman how big a parcel will need to be purchased on Country Club? She also questioned whether there will be any noise level coming from the plant? Randy Rohman responded right now it appears they will purchase the entire 2 ~ acres. They tried to purchase a portion but the property owner was not willing to break the parcel up. He stated the purchase of the property has not been finalized as of yet. Mr. Rohman also indicated they may end up selling off no more than an 1% acre segment of the property that fronts on Country Club since they do not need the entire 2 ¼ acres if they feel they can comfortably fit the treatment plant in with enough buffer space around it to be landscaped to buffer it from the surrounding community. He assured Commissioner Bandelow that the plant should not be significantly noisy because the pumps are planned to be in acoustically sealed buildings and the filters have an air scour as part of the back wash. Additionally, the blowers will be located inside the treatment facility in an acoustically isolated room primarily both to dampen the noise to the outside area and also to protect people that might happen to be in the building when the blowers are working and there is a back wash cycle going 8B Plamung Commission Meeting - January 10, 2002 })age 3 of 5 on. It was also reported by Mr. Rohman that there will be a pad mounted emergency generator at each of the sites that are acoustically isolated and properly muffled. Commissioner Fletcher asked where will the radon that will be extracted from the top of the tanks will end up? Randy Rohman explained the gas will be vented out the top of the tanks and goes straight up in the air. He stated it is a very light type of gas that goes up and does not settle. Mr. Rohman commented this is not something that would require obtaining any air quality or air discharge permits. He reported this is not a combustible gas. Vice Chairperson Lima questioned whether this will be a phased construction? Randy Rohman reported all three plans will be built simultaneously with follow along additions to be phased. He indicated they probably will not see full operation until the Spring or Summer of 2005. Mr. Rohman stated the intent of having construction start in January is because that is a Iow water use time of the year and there is a little more flexibility in what they do as part of the start up. They anticipate about a 20 month construction cycle and would take bids in the first part of 2003 to allow the 2003-2004 construction seasons. Commissioner Fletcher inquired whether water softeners should be disposed of once the new water system goes on line? Randy Rohman replied Woodburn water is not particularly hard and the majority of people that utilized water softeners do so to reduce the levels of iron and manganese. He explained hardness is measured by calcium carbonate. Furthermore, hard water generally starts at 250 parts per million and anything below 250 parts per million of hardness is esthetically acceptable. Mr. Rohman reported Woodburn's water runs from 85 to 100 parts per million and once the iron and manganese are removed, most people will not feel the need for a water softener. He indicated most of Woodbum's wells are at the esthetic standards for iron. However, most of our wells run five to six times greater than the esthetic standard for manganese. He remarked manganese is probably more of a problem for staining and odor than the iron. Commissioner Grosiacques asked what percentage increase are we looking at for water system development charges? Randy Rohman answered the charge for a new single family residence construction went from $1,452 to $2,085. New commercial or industrial type development use fees are determined upon their peak day usage which was previously $5 and increased to $7.84. Commissioner Young asked Mr. Rohman if there are any threats to the aquifers or plans where they might have to curtail some of the usage that the golf courses currently enjoy? Randy Rohman responded they do not foresee any problems with that. He stated there is another Federal rule coming out called the Ground Water Rule that they are in the process of doing what is called the Source Water Protection Program. The first phase of that was determining where each of the wells'dr~w their water from and taking a look at any potential contamination sources in those areas. Furthermore, they looked at the sensitivity of the aquifer for contaminants flowing down to where we draw our water from. Mr. Rohman informed the Commission every indication received up to this point of the analysis is that the aquifer is well protected and do not see any historical draw downs in water levels. He remarked they do not envision that uses such as golf courses will cause any problems. PUBLIC HEARING None ITEMS FOR ACTION A__: Final Order for Conditional Use 01-03, request to convert an existinq garage into an additional 8B Planning Commissio~z Meeting - January 10, 2002 |~age 4 o1' 5 classroom located at 110 E. Lincoln St., Little Lambs Preschool, Scott Summers. applicant. Commissioner Mill moved to approve the Final Order for Conditional Use 01-03 as written. Motion was seconded by Commissioner Lima. Commissioner Young thanked Staff for incorporating the changes that the Planning Commission made and drafting the language for the new conditions of approval. He stated the changes were for the benefit of the applicant and the program in general. Commissioner Bandelow stated although she was not present at the last meeting, she is familiar with the site and the request and she reviewed the minutes and felt she would be able to vote on the Final Order for this project. Motion unanimously carried. B__=. Lot Line Adjustment 01-08, Boones Ferry Place lot consolidation, 2523-2551 N. Boones Ferry Rd., Anthony Kreitzber.ch applicant {Administrative review), Staff reported this was a condition of approval for the Boones Ferry Place retirement facility that was approved by the Commission last year and they needed to consolidate five existing lots so that the buildings would not go across any lot lines. Vice Chairperson Lima moved to approve the administrative review for Lot Line Adjustment 01-08 as presented by Staff. Commissioner Bandelow seconded the motion, which unanimously carried. DISCUSSION ITEMS None REPORTS A__=. Building Activity for December 2001. Commissioner Youn,q commented Woodburn has tremendous growth. He added although we may not make quite the impact on the fiscal budget as we did in 2001, 2002 looks to be very strong for the growth in Woodburn. Planning Project Tracking Sheet {revised 1-3-02) BUSINESS FROM THE COMMISSION Commissioner Loner,qan reported there is a strobe light in the store that used to be a vacuum center located on the northeast corner of Highway 214 and 99E on the Mollala junction and questioned whether this was legal. Staff interjected flashing type signs are not allowed. He stated he would have to look into whether a strobe light is considered a sign or not. Vice Chairperson Lima thanked Staff for updating the Planning Commission address and phone list. ADJOURNMENT Commissioner Loner,qan moved to adjourn the meeting. which carried. Meeting adjourned at 7:54 p.m. Motion was seconded by Commissioner Fletcher, 8B ATTEST AMES A. COX~/'CHAIRPERSON t. ~,~' ~,' ,~/_~__,~_-~ J~r~lder, CCmmunity Development Director ci}Y~f Woodburn, Oregon Date DATE Planning Commission Meeting - January 10, 2002 Page 5 of 5 NOTES Community Center Planning Committee Regular Meeting Thursday, January 24, 2002 7:00pm 400 S Settlemier Ave 1. The meeting was called to order at 7:15pm by Flurry Stone. 2. Roll Call Members present: Joan Garren, Sharon Felix, Butch Flomer, Tom Albright, Melissa Tittle, Elida Sifuentez. Staff present: Randy Westrick, Director; Jennifer Goodrick, AA, Randy Saunders, Architect. 3. Approval of January 10, 2002 meeting notes: Tabled 4. Floor plan/Site Options: a. Front & Oak--The Committee feels that these plans are ready to go to the workshop with the City Council on February 4, 2002. b. Centennial Park-Because the City Council wanted the Committee to look at additional options, Randy S. has prepared floor plans for a community center to be located at Centennial Park. It is the same floor plan that is for the Front & Oak site, just straightened out. A negative aspect is that the entire site is taken up with building and parking. A positive aspect is that the building would be surrounded by Centennial Park. Discussion ensued as to how the Front & Oak site is preferable to a Centennial Park location. Randy W. asked the committee to consider the site and floor plans because the City Council asked us to, but not to feel as if they had to make a recommendation other than the Front & Oak location if that is what they think would be best for the City. Randy described his trip last week to the Florence and Newport community centers. Florence was deserted, marketed as a conference center. Newport was more active because it is a true community center and programmed that way. Cost Estimates- a. Building- Phase One will cost $5.5 million for building construction. b. Land Acquisition-parking property would cost approximately $350,000. c. Other-total cost at F&O is $5,917,239. Cost at Cent is $5,795,236. Discussion ensued about how to fund the operating costs. The Committee discussed possible public oppositions and how to answer them. Randy W. assured that group that we have operating funds for the community center we run right now. Flurry said that he thinks the taxpayers will not be opposed to paying the, equivalent of one family dinner out per year to fund a new community center. e Project Budget a. Revenue by Source-see sheet in packet b. Bond Cost Future Committee Business a. Committee/City Council Workshop- (I) February 4, 2002 b. Next meeting after the workshop is February 21, 2002 8. Adjournment-meeting was adjourned at 7:45 CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5250 Date: To: From: Subject: February 4, 2002 Jim Mulder, Community Development Director Building Division Building Activity for January 2002 2000 2001 2002 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 32 $2,399,184 6 $726,398 9 $1,119,264 Multi Family 0 $0 0 $0 0 $0 Residential Adds & Alts I $38,889 I $19,000 2 $51,000 Industrial 0 $0 0 $0 0 $0 Commercial Value 1 $520,000 0 $0 6 $4,158,338 Signs, Fences, Driveways 4 $8,200 4 $11,000 1 $3,000 Manufactured Homes 0 $0 0 $0 1 $50,472 TOTALS 38 $2,966,273 11 $756,398 19 $5,382,074 July I - June 30 Fiscal Year To Date $23,027,441 $9,801,510 $36,638,764 I:\Community Development~ldg\Building Activity~uilding Activity - 2002~Activity - January 2002wpd¢ City of Woodburn Police Department STAFF REPORT 270 Montgomery Street Woodburn, Oregon 97071 Date: January 29, 2002 From: ,',' ~/~Paul Null, Chief of Police To: Mayor and Council ° ~// Thru: John Brown, City Administrat~:~q~ v Subject: Police Department Activities - December 2001 (503) 982-2345 8F The Consolidated Monthly Report is a monthly analysis of police department calls for service. This report lists all police department incident investigations for the month, shows year to date statistics, and comparisons to the previous year. The report is in conformance with Federal Bureau of Investigations national guidelines for crime classifications and is reported to the State of Oregon Law Enforcement Data System via the Regional Automated Information Network. Should you have questions or wish further information, please contact me. i-- ..=4 "11 m I I m '-r;~ 8F 8G A/P CHECK LISTING FOR THE MONTH OF JANUARY 2002 CHECK NO 58504 58505 58506 58507 58508 58509 58510 58511 58512 58513 58514 58515 58516 58517 58518 58519 58520 58521 58522 58523 58524 58525 58526 58527 58528 58529 58530 58531 58532 58533 58534 58535 58536 58537 58538 58539 58540 58541 58542 58543 58544 58545 58546 58547 58548 58549 58550 58551 DEPARTMENT PAYROLL-VARIOUS POSTAGE-VARIOUS SERVICES-WATER VOID VOID VOID REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR SERVlCES-WWTP REIMBURSE-POLICE SERVICES-WTR SERVICES-VARIOUS SERVlCES-WWTP SERVICES-WATER SERVlCES-ATTY SUPPLIES-POLICE SERVICES-FINANCE SERVICES-POLICE SERVICES-POLICE SUPPLI ES-WATER SERVICES-PARKS SERVICES-FINANCE SERVICES- MAI NT SERVICES-VARIOUS SERVlCES-WWTP SERVICES-PARKS SERVlCES-WTR S E RVl CES-ADMI N REIMBURSE-FINANCE SUPPLIES-POLICE SERVICES-COURT SUPPLIES-PUB WKS SERVICES-MAI NT SERVICES-PARKS SERVICES-BUILD SERVICES-VARIOUS SUPPLIES-WWTP SERVICES-VARIOUS SERVICES-VARIOUS SUPPLIES-PLAN SERVICES-PLAN SUPPLI ES-WWTP SERVICES- FI NANCE SERVICES-STREET SUPPLIES-PARKS SERVICES-NON DEPT VENDOR NAME PERS US POSTAL SERV VALLEY MAILING VOID VOID VOID LEROY TABLER FIDELITY NTL TITLE THE LUCKEY CO WINDSOR PROP AMER BACKFLOW JASON ALEXANDER ARAMARK UNI FORM ARCH WI RELESS AT & T AWWA BEERY & ELSNER BOCHSLER HARDWARE CANBY TELEPHONE CASE AUTOMOTIVE COMPAQ FIN SERV CONSOLIDATED SUPPLY CREEKSI DE ENVIRON DP NORTHWEST CJ HANSEN CO HIRE CALLING ED HOOLEY lOS CAPITAL IKON OFFICE LAWRENCE CO GERALD LEI MBACH LIGHTNING POWDER MSI GROUP MARION CTY CLERK NEXTEL COMM NW NATURAL OR DEPT OF CONSUMER PORT GENERAL ELEC PRAXA1R DIST QWEST QWEST STATESMAN JOURNAL VALLEY MAILING WHITNEY EQUIPMENT WI LLAMETTE BROADBAND WOLFERS WBN FERTILIZER WBN FIRE DISTRICT VENDOR NO 014424 020089 021044 VOID VOID VOID NONE NONE NONE NONE NONE 000120 000534 000535 000623 000663 001230 001359 002062 002190 002724 002770 002904 003264 007055 007240 007301 008118 008119 011175 011190 011230 012015 012087 013188 013350 014199 015420 015480 016201 016202 018760 021044 022283 022326 022460 022590 022595 DATE 1/2/02 1/2/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 1/4/02 AMOUNT $95.72 $1,200.00 $678.00 $o.oo $o.oo $o.oo $28.66 $29.85 $99.27 $32.23 $250.00 $140.74 $28.46 $246.36 $32.05 $2O.O0 $1,340.43 $207.90 $39.9O $2,714.68 $118.54 $2,394.35 $3,900.00 $1,000.00 $173.40 $2,078.40 $450.00 $344.63 $11.59 $200.00 $89.00 $357.45 $125.00 $116.00 $508.31 $85.71 $3,243.26 $3,512.20 $14.65 $181.94 $1,103.47 $28.80 $1,457.60 $341.25 $315.00 $974.88 $177.92 $50.00 Page I A/P CHECK LISTING FOR THE MONTH OF JANUARY 2002 SC,- 58552 58553 58554 58555 58556 58557 58558 58559 58560 58561 58562 58563 58564 58565 58566 58567 58568 58569 58570 58571 58572 58573 58574 58575 58576 58577 58578 58579 58580 58581 58582 58583 58584 58585 58586 58587 58588 58589 58590 58591 58592 58593 58594 58595 58596 58597 58598 58599 58600 58601 S U PPLI ES- FI NANCE PAYROLL-PLAN SERVICES-WT/ST SERVICES-WWTP PETTY CASH-VARIOUS SERVICES-WTR VOID VOID VOID REFUND-PARKS REFUND-PARKS REFUND-PARKS REFUND-PARKS REFUND-WTR/SR REFUND-WTR/SR REFUND-PARKS REFUND-PARKS SERVICES-LIBRARY SERVICES-REC SERVICES-PARKS SUPPLIES-MUSEUM SERVICES-POLICE SERVICES-ATTY SERVICES-PARKS SERVICES-PARKS SERVICES-ENG REIMBURSE. POLICE SERVICES-WTR SUPPLI ES-LI B RARY SERVICES.WTR SERVICES-POLICE SERVICES.WWTP SERVICES-POLICE SUPPLIES-VARIOUS SERVICES-VARIOUS SERVICES.PLAN SU PPLI ES- MAI NT SERVICES-SELF INS SU PPLI ES-MAI NT SUPPLIES-VARIOUS SUPPLIES-POLICE SU PPLI ES-MAI NT SERVICES-ENG SERVICES-ADMIN SERVICES-PARKS SERVICES- MAI NT SUPPLIES-STREET SERVICES-PUB WKS SERVICES-ENG SUPPLtES-WWTP WBN INDEPENDENT EBS TRUST SCHLOTH TRUCKING MARION COUNTY CITY OF WOODBURN VALLEY MAILING VOID VOID VOID ALIClA CORTEZ LISA COUNTS ADRIANA ORTIZ ARDENE WEAR FIRST AMER TITLE JEFFERSON LIVl NGSTON IRENE YAKIS DEBBIE BRAMLEDGE MAD SCI ENCE MWEC ORPA AQUATIC SECTION ICMA FULFILLMENT ALZHEI MERS ASSOC MARK ENSIGN A&A PEST CONTROL ACE SEPTIC AEROTEK JASON ALEXANDER ALEXIN ANALYTICAL ALS FRUIT ARCH WIRELESS AT&T AT&T BM CLEANING BIMART CORP BOLDT,CARLISLE SMITH ROGER BUDKE CASCADE POOLS CIS CITY CTY INS COASTAL FARM CONSOLIDATED SPPLY CRYSTAL SPRINGS DAVlSON AUTO DE HAAS & ASSOC DEFFENBAUGH & ASSOC EAGLE WEB PRESS ENGELMAN ELEC ENVlRO CLEAN EQUIP ESCHELON TELECOM ESRI INC FALKENBERG I NC 022630 060020 NONE 012218 015255 021044 VOID VOID VOID NONE NONE NONE NONE NONE NONE .:NONE NONE NONE NONE NONE NONE NONE NONE 000011 000031 000080 000120 000124 000160 000535 000622 000623 001030 001275 001345 001580 002226 002488 002625 002770 002919 003080 003108 003109 004018 004190 004206 004264 004272 005025 1/4/02 1/5/02 1/7/02 1/8/02 1/10/02 1/10/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 $42.00 $206.21 $1,395.00 $885.OO $166.83 $617.60 $o.oo $o.oo $o.oo $150.00 $150.00 $150.00 $150.00 $53.87 $19.06 $20.00 $100.00 $205.00 $98.00 $25.00 $36.40 $40.00 $8.50 $157.50 $1,140.00 $195.00 $35.80 $136.00 $49.oo $30.25 $745.94 $14.52 $200.00 $198.12 $1,105.00 $227.50 $122.89 $23,355.85 $159.93 $609.46 $56.00 $660.62 $1,865.65 $523.31 $878.50 $830.07 $34.87 $157.50 $100.00 $7,639.00 Page 2 8G A/P CHECK LISTING FOR THE MONTH OF JANUARY 2002 58602 58603 58604 58605 58606 58607 58608 58609 58610 58611 58612 58613 58614 58615 58616 58617 58618 58619 58620 58621 58622 58623 58624 58625 58626 58627 58628 58629 58630 58631 58632 58633 58634 58635 58636 58637 58638 58639 58640 58641 58642 58643 58644 58645 58646 58647 58648 58649 58650 58651 SUPPLIES-STREET SU PPLI ES- MAI NT SUPPLIES-STREET SUPPLIES-WWTP SUPPLIES-MAINT SERVICES-MAINT SERVICES-VARIOUS SUPPLIES-WWTP SERVICES-VARIOUS SUPPLI ES-STREET SUPPLIESoWWTP SERVICES-MUSEUM SERVlCES-MAINT SUPPLIES-MAINT SERVlCES-POUCE SUPPLI ES-ATTY SUPPLIES-WWTP SUPPLIES-VARIOUS SERVlCESoWWTP SERVICES-POLICE SUPPLIES-STREET SERVICES-ADMI N SERVICES-POLICE SUPPLIES-MAI NT SERVl CES-WWTP SERVl CES-VARIOUS SUPPLIES-WWTP SUPPLI ES-ATTY SUPPLIES-VARIOUS SERVlCES-A1-TY SERVlCES-ADMIN S ERVl CES- MAI NT SUPPLIES-PARKS SUPPLIES-VARIOUS SERVICES-VARIOUS SERVICES-VARIOUS SERVICES-MAI NT SUPPLI ES-WWTP SERVICES-PARKS SUPPLIES-LIBRARY SUPPLIES-MAINT SERVlCES-MAINT SERVICES-MUSEUM SERVlCES-ENG SUPPLIES-VARIOUS SERVICES-STREET SUPPLIES-STREET SERVICES-VARIOUS SUPPLIES-WTR SERVICES-VARIOUS FAMILIAN NW FARM PLAN GK MACHINE VVW GRAINGER GW HARDWARE CJ HANSEN CO HIRE CALLING IND WELDING IKON OFFICE IPD INC ITT FLYGT CORP JOHN PILAFIAN KENTEC HEATING L&L BUILDING LEGACY LAB SERV MATTHEW BENDER MAULDING CONST METROFUELING MOLALLA COMM NATL ASSOC TOWN NES TRENCH SHORING NEW WORLD SYSTEMS NORCOM NORTH COAST ELEC NORTH CREEK ANAL NW NATURAL OFFICE DEPOT OR CITY ATTYS OR DMV OR DISTRICT ATTYS OR NATURAL STEP OVERHEAD DOOR PEPSI COLA PLATT ELECTRIC PORT GENERAL ELEC QWEST RESCUE ROOTER ROGERS MACHINERY RSS ARCHITECTURE SAFEWAY STORES LES SCHWAB TI RE SONITROL SOS LOCK SERV TEK SYSTEMS CORPORATE EXPRESS TIMS DIESEL UNOCAL:ERNIE GRAHAM UNITED DISPOSAL USA BLUEBOOK VERIZON WI RELESS 005030 OO5O62 OO60O9 006283 006405 007055 0O724O 008100 008119 008370 008395 009130 010060 011010 011188 012298 012305 012448 012563 013018 013157 013168 013198 013215 013216 013350 014029 014145 014240 014268 014370 014700 015225 015340 015420 016202 017190 017297 017346 018025 018300 018605 018608 019046 019100 019167 020010 020020 020046 021124 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 $132.30 $114.08 $194.22 $375.67 $496.85 $446.00 $1,966.40 $31.5o $157.36 $97.41 $225.00 $6.50 $8,200.00 $14.55 $34.00 $713.66 $180.00 $1,675.23 $49.90 $25.00 $912.00 $93,086.00 $22,536.92 $343.92 $607.80 $14,149.50 $91.97 $55.00 $81.50 $95.OO $2OO.OO $556.OO $531.65 $63.38 $53,098.27 $1,531.57 $661.00 $420.30 $1,017.50 $92.14 $435.28 $105.00 $40.O0 $736.00 $763.43 $35.00 $463.52 $1,669.60 $714.36 $131.51 Page 3 A/P CHECK LISTING FOR THE MONTH OF JANUARY 2002 58652 58653 58654 58655 58656 58657 58658 58659 58660 58661 58662 58663 58664 58665 58666 58667 58668 58669 58670 58671 58672 58673 58674 58675 58676 58677 58678 58679 5868O 58681 58682 58683 58684 58685 58686 58687 58688 58689 58690 58691 58692 58693 58694 58695 58696 58697 58698 58699 58700 58701 SUPPLIES-PARKS SUPPLI ES-STREET SUPPLI ES-PARKS SERVICES-ENG SUPPLI ES-ATTY SUPPLIES-VARIOUS SERVlCES-MAINT SU PPLI ES-VAR I OUS SUPPLIES-LIBRARY SUPPLI ES-VARIOUS S ERVl CES-LI BRARY SUPPLIES-WWTP SERVICES-WATER PETTY CASH-VARIOUS SERVICES-WATER VOID VOID VOID REFUND-WTR/SR SUPPLI ES-PARKS SUPPLIES-ATTY SUPPLI ES-ATTY REFUND-POLICE SERVlCES-ATTY SERVlCES-ENG SERVtCES-WTR SERVICES-POLICE SU PPLI ES- PARKS SUPPLIES-STREET SERVICES-STREET SERVICES-COURT SUPPLIES-WTR SERVICES-PUB WKS SUPPLIES-FINANCE SERVICES-ENG SUPPLIES-POLICE S U PPLI ES-STREET SUPPLIES-FINANCE SUPPLI ES-WWTP SERVlCES-VVTR SERVlCES-C STORES SERVICES-POLICE SERVI CES-ATTY SERVICES-POLICE SERVICES-FINANCE SUPPLI ES-ATTY SERVlCES-ENG SERVICES-CABLE TV SUPPLI ES-C GARAGE SERVICES-STREET VIKING OFFICE WALLING SAND WATER SAFETY PROD WDY INC WEST GROUP WITHERS LUMBER WOLFERS WBN INDEPENDENT WORLD BOOK YES GRAPHICS WBN HIGH SCHOOL PTD MICRO FIRST AVER TITLE CITY OF WOODBURN VALLEY MAILING VOID VOID VOID LEONID MOSKALENKO RON LALONDE STEVENS NESS SECRETARY OF STATE TA REPORT SERV OR STATE BAR AEROTEK I NC ALEXIN ANAL LANGUAGE LINE BIMART CORP CCP IND CIS CITY CTY INS MARGOT COMLEY CONSOLIDATED SUPPLY CRANE & MERSETH CTL CORP DE HAAS & ASSOC ENTENMANN ROVl N FEENAUGHTY MACH FRYS ELECTRONICS WW GRAINGER HIRE CALLING lOS CAPITAL I NTL ASSOC PROP LANE PC)WELL SPEARS LTJ ENTERPRISES MARION CTY TREAS MATTHEW BENDER MULTI TECH ENG MUNICOM NORTH COAST ELEC N SANTIAM PAVING 021180 022029 022080 022110 022160 022445 022460 022630 022810 024025 022615 015640 005126 015255 021044 VOID VOID VOID NONE NONE NONE NONE NONE NONE 000080 000124 000659 001275 002300 002488 002686 002770 002896 002926 003108 004201 005082 005405 006283 007240 008118 008230 011036 011365 012223 012298 012682 012690 013215 013220 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/11/02 1/14/02 1/14/02 1/15/02 1/17/02 1/17/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 1/18/02 $57.28 $3,351.56 $95.48 $3,050.61 $1,084.00 $263.00 $166.50 $224.50 $750.00 $4,177.50 $50.00 $94.00 $10,000.00 $148.10 $512.80 $o.oo $o.oo $o.oo $29.92 $278.40 $13.32 $125.55 $4.00 $175.00 $120.00 $560.50 $388.42 $84.98 $40.22 $225.00 $37.50 $1,999.00 $3,507.O5 $9O8.75 $5,225.2O $240.00 $148.76 $78.93 $295.36 $112.00 $278.26 $40.00 $75.00 $17.00 $81.00 $331.14 $5,294.53 $7,800.00 $13.19 $201,662.31 Page 4 · A/P CHECK LISTING FOR THE MONTH OF JANUARY 2002 58702 58703 58704 58705 58706 58707 58708 587O9 58710 58711 58712 58713 58714 58715 58716 58717 58718 58719 58720 58721 58722 58723 58724 58725 58726 58727 58728 58729 58730 58731 58732 58733 58734 58735 58736 58737 58738 58739 58740 58741 58742 58743 58744 58745 58746 58747 58748 58749 58750 58751 SUPPLIES-VARIOUS SUPPLIES-STREET SERVICES-VARIOUS SUPPLIES-STREET SUPPLIES-WWTP SU PPLI ES-LI BRARY SERVICES- PLAN REIMBURSE-POLICE SUPPLIES-STREET SUPPLI ES-WATER SUPPLI ES-VARIOUS SERVICES-MAI NT SUPPLIES-WWTP PAYROLL-C GARAGE SUPPLIES-LIBRARY PROPERTY-WATER SERVICES-WATER VOID VOID VOID SERVICES-WATER REFUND-BUILDING REFUND-BUILDING REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR SUPPLIES-WWTP SERVlCES-ADMI N SERVICES-PLAN SERVICES-PLAN SERVICES-LIBRARY S ERVl CES- PARKS SERVlCES-ENG SERVlCES-WTR SERVlCES-C GARAGE SERVICES-POLICE SERVICES-VARIOUS SERVlCES-TRANS SERVlCES-WWTP SERVlCES-WWTP SERVICES-WWTP SERVI CES-WWTP REI M BU RSE-LI BRARY SUPPLIES-WWTP SERVICES-STREET SERVICES-WWTP SUPPLIES-TRANS OFFICE DEPOT 014029 1/18/02 PAULS SM MTR SERV 015175 1/18/02 QWEST 016202 1/18/02 LES SCHWAB TIRE 018300 1/18/02 SIERRA SPRINGS 018460 1/18/02 SOLID OAK SOFTWARE 018602 1/18/02 STATESMAN JOURNAL 018760 1/18/02 TERESA TIMMONS 019165 1/18/02 UNOCAL 020010 1/18/02 UNITED PIPE 020030 1/18/02 WITHERS LUMBER 022445 1/18/02 WOLFERS 022460 1/18/02 YES GRAPHICS 024025 1/18/02 I RS 060070 1 / 18/02 TOYS R US NONE 1/23/02 FIRST AMER TITLE 005126 1/23/02 VALLEY MAILING 021044 1/24/02 VOID VOID VOID VOID VOID VOID- ClMMERTY SYSTEMS NONE 1/25/02 GB MANCHESTER NONE 1/25/02 CLARENCE CORDEIRO NONE 1/25/02 LEONARD DREYER NONE 1/25/02 TRISH BATCHELOR NONE 1/25/02 DAY 0 REED NONE 1/25/02 RENAISSANCE HOMES NONE 1/25/02 COMSTOCK DEV NONE 1/25/02 TRISH BATCHELOR NONE 1/25/02 BUDGET BL1NDS NONE 1/25/02 WESTERN CITIES MAG NONE 1/25/02 AM PLANNING ASSOC NONE 1/25/02 APA NONE 1/25/02 THOMAS DOTY NONE 1/25/02 H&V ENTERPRISES NONE 1/25/02 AEROTEK I NC 000080 1/25/02 ALEXlN ANALYTICAL 000124 1/25/02 ARAMARK UNIFORM 000534 1/25/02 AT&T 000622 1/25/02 AT&T 000623 1/25/02 BIO-MED TESTING 001280 1/25/02 BOBS BACKHOE 001325 1/25/02 BROWN & CALDWELL 001573 1/25/02 CHERRY CITY ELEC 002424 1/25/02 CLACKAMAS COMM C 002550 1/25/02 NANCY CONDIT 002755 1/25/02 CRONATRON WELDING 002915 1/25/02 DE HAAS & ASSOC 003108 1/25/02 DEQ 003205 1/25/02 DIAMOND MFG 003222 1/25/02 $183.33 $34.00 $1,085.67 $42.67 $181.00 $19.95 $1,918.00 $25.00 $555.82 $3,136.21 $211.66 $9,477.35 $38.00 $199.50 $183.82 $225,577.05~ $392.00 $0.00 $o.oo $o.oo $6O5.OO $186.20 $62.00 $26.70 $26.09 $57.14 $8.37 $79.06 $19.50 $346.00 $175.00 $460.00 $150.00 $2OO.OO $7O.OO $160.00 $375.00 $39.46 $417.22 $42.06 $43.50 $1,027.50 $2,855.64 $451.73 $140.00 $4.20 $78.68 $560.30 $147,792.37 $63.50 Page 5 A/P CHECK LISTING FOR THE MONTH Of JANUARY 2002 58752 58753 58754 58755 58756 58757 58758 58759 58760 58761 58762 58763 58764 58765 58766 58767 58768 58769 58770 58771 58772 58773 58774 58775 58776 58777 58778 58779 58780 58781 58782 58783 58784 58785 58786 58787 58788 58789 58790 58791 58792 58793 58794 58795 58796 58797 58798 58799 58800 58801 SERVICES-ADMIN SERVICES-FINANCE SUPPLIES-WWTP SERVICES-WWTP SERVI CES-ADM I N SUPPLIES-RECORDER SERVICES-PARKS SERVICES-LIBRARY REI M B U RSE- PARKS SUPPLIES-WWTP REIMBURSE-STREET S ERVI CES-ADMI N SERVICES-WWTP SERVICES-VARIOUS SERVICES-WTR SERVICES-POLICE SERVICES-MAINT SUPPLIES-POLICE SERVICES-VARIOUS SUPPLI ES-STREET SUPPLI ES-VARIOUS SUPPLIES-WWTP SERVICES-VARIOUS SERVICES-STREET SUPPLIES-PARKS SUPPLI ES-WWTP SERVICES-VARIOUS SUPPLIES-WTR SERVICES- MAI NT SUPPLIES-STREET SERVICES-FINANCE SUPPLIES-WWTP SUPPLIES-WWTP SUPPLIES-STREET SU PP LI ES- PARKS SERVICES-WWTP SU PPLI ES- PARKS SERVICES-ENG SUPPLIES-VARIOUS SUPPLIES-WWTP SUPPLIES-VARIOUS SERVICES-PARKS SUPPLIES-BUILDING SERVICES-WATER PETTY CASH-VARIOUS VOID VOID VOID VOID VOID DORTIGNACQ & ASSOC DP NORTHWEST ESTACADA OIL FAMILIAN NW FIRST CASCADE CORP FIRSTLINE BUS SYSTEMS GELCO CONSTRUCTION GE CAPITAL JENNIIFER GOODRICK WW GRAI NGER MATTHEW GWYNN HENEBERRY EDDY HIRE CALLING lOS CAPITAL IKON OFFICE INTL ASSOC CHIEFS KENTEC HEATING LEAGUE OF OR CITIES MARION CTY TREASURY MCGUIRE BEARING METROFUELING NEW PIG CORP NEXTEL COMM NOR AM TELECOMM NW RECREATION OBC NORTHWEST ONE CALL CONCEPTS US FILTER PBS ENVIRON PREMIER RUBBER QWEST JACK RAWLINGS ROGERS MACHINERY SAFFRON SUPPLY SAFEWAY STORES SEAL TECH SPORTS SUPPLY TEK SYSTEMS CORPORATE EXPRESS TROJAN TECH VIKING OFFICE WBN PLUMBING YES GRAPHICS MARION CTY BUILD CITY OF WOODBURN VOID VOID VOID VOID VOID 003258 003264 004275 005030 005130 005141 006058 006079 006225 006283 006400 007140 007240 0O8118 008119 008220 010060 011110 012223 012384 012448 013167 013188 013197 013310 014013 014054 015065 015200 015505 016202 017054 017297 018020 018025 018314 018694 019046 019100 019256 021180 022695 024025 012090 015255 VOID VOID VOID VOID VOID 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/25/02 1/29/02 1/30/02 $1,150.00 $1,256.00 $24.77 $2,403.54 $60,217.67 $81.04 $16,963.26 $181.30 $106.61 $88.66 $275.00 $910.51 $2,277.60 $859.14 $14.54 $200.00 $270.00 $716.95 $380.67 $190.62 $1,631.57 $168.oo $966.03 $1,500.00 $2,895.41 $171.60 $49.50 $21.00 $1,368.25 $14.74 $222.48 $1,016.74 $149.46 $21.38 $94.99 $2,515.10 $127.07 $736.00 $300.01 $279.00 $109.89 $2,532.86 $188.00 $184.04 $134.49 $o.oo $o.oo $o.oo $o.oo $o.oo Page 6 8G A/P CHECK LISTING FOR THE MONTH OF JANUARY 2002 58802 58803 58804 58805 58806 58807 58808 58809 58810 58811 58812 58813 58814 58815 58816 58817 58818 58819 58820 58821 58822 58823 58824 58825 58826 58827 58828 58829 58830 58831 58832 58833 58834 58835 58836 58837 58838 58839 58840 58841 58842 58843 58844 58845 58846 58847 58848 58849 58850 58851 VOID VOID VOID VOID SERVICES-LIBRARY REFUND. BUS LIC WITNESS FEE-ATTY WITNESS FEE-ATTY SERVICES-PARKS SERVlCES-ENG SERVICES-VARIOUS SUPPLI ES- PARKS SERVICES-VARIOUS SUPPLIES-VARIOUS SUPPLIES. PARKS REI MBURSE-STREET SUPPLIES-VARIOUS SUPPLIES-WWTP REIMBURSE-ADMIN SERVlCES-WWTP SERVICES-LIBRARY SERVICES-POLICE SUPPLIES-PARKS SUPPLIES-PARKS SERVICES- LIBRARY SUPPLIES-VARIOUS SERVICES-LIBRARY SUPPLIES-VARIOUS SUPPLI ES-POLICE SUPPLIES-LIBRARY SUPPLIES-WWTP SUPPLIES-STREET SUPPLIES.MAINT SERVICES-HOUSING SERVICES-MAI NT SERVICES-POLICE SUPPLIES-STREET SUPPLIES-POLICE S U PPLI ES-LI BRARY SUPPLI ES-VARIOUS SUPPLIES-WTR SUPPLI ES-WWTP SERVICES-POLICE SERVlCES-WWTP SUPPLI ES-VARIOUS SUPPLIES.VARIOUS SUPPLI ES-C GARAGE RENT-POLICE SUPPLIES-VARIOUS SUPPLI ES.DAR VOID VOID VOID VOID OR CAREER INFO SANDOVAL LANDSCAPE FILADELFO LOPEZ CASEY ROBLES WILLIAM ADAMS AEROTEK I NC ARAMARK UNIFORM AWARDS & ATHLETICS AT&T BATTERI ES NW HOUSEHOLD BANK MIKE BERGERON BI MART CORP BRANON INSTRUMENT JOHN BROWN BROWN & CALDWELL BUS EQUIPMENT BUREAU CASE AUTOMOTIVE CASCADE COLUMBIA CASCADE POOLS CHEMEKETA COMM COLL COASTAL FARM MARGOT COMLEY DAVlSON AUTO DAVISON AUTO DEMCO FAMILIAN NW FARM PLAN FASTENAL CO FIDELITY NATL TITLE FORD MOTOR CREDIT FOTO MAGIC GK MACHINE GALLS INC GALE GROUP GW HARDWARE HALTON CO HERSHBERGER MTRS HILLYERS MID CITY HI RE CALLING HUBBARD CHEVROLET IND WELDING INTERSTATE AUTO KEY INVESTMENTS L&L BUILDING LANDMARK FORD VOID VOID VOID VOID NONE NONE NONE NONE 000047 000080 000534 000580 000623 001159 001199 001240 001275 001410 001490 001573 001628 002190 002218 002226 002410 002625 002686 003080 003081 003110 005030 005062 005067 005089 005248 005258 006009 006011 006015 006405 007046 007150 007228 007240 007320 008100 008295 010080 011010 011030 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 $0.00 $o.oo $o.oo $o.oo $273.60 $35.00 $12.50 $5.00 $3,500.00 $160.00 $1,281.84 $162.00 $44.60 $109.90 $1,434.96 $27.47 $616.92 $441.15 $14.60 $20,438.40 $470.00 $1,281.39 $953.00 $403.72 $725.05 $461.68 $50.00 $270.81 $5.29 $111.35 $58.14 $35.8O $132.00 $545.00 $146.22 $139.64 $33.71 $88.98 $113.01 $685.19 $31.24 $32.50 $173.68 $2,071.04 $483.93 $99.11 $71.34 $3,700.42 $704.53 $149.82 Page 7 A/P CHECK LISTING FOR THE MONTH OF JANUARY 2002 8G 58852 58853 58854 58855 58856 58857 58858 58859 58860 58861 58862 58863 58864 58865 58866 58867 58868 58869 58870 58871 58872 58873 58874 58875 58876 58877 58878 58879 58880 58881 58882 58883 58884 58885 58886 58887 58888 58889 58890 58891 58892 58893 58894 58895 58896 58897 58898 58899 58900 58901 SU PPLI ES-ATTY SUPPLIES-LIBRARY SUPPLIES-PARKS REIMBURSE-MUSEUM SUPPLIES-VARIOUS REIMBURSE-PLAN SERVICES-MAI NT SERVICES-ADMI N SERVICES-ADMIN SERVlCES-ENG SERVICES-PARKS REIMBURSE-POLICE SERVICES-PUB WKS SERVICES-BUILD SERVICES-PARKS SERVICES-RECORDER S U PPLI ES- LIBRARY SUPPLIES-LIBRARY SERVlCES-WWTP SERVICES-PUB WKS SUPPLIES-PARKS SERVICES-VARIOUS SUPPLIES-LIBRARY SUPPLIES-PARKS SUPPLIES-VARIOUS REIMBURSE-LIBRARY SERVlCES-ENG SUPPLIES-WWTP SUPPLI ES-WATER SERVICES-VARIOUS SUPPLIES-POLICE SUPPLI ES-STREET SUPPLIES-ATTY SU PPLI ES- PARKS SERVICES-POLICE SERVICES-POLICE REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REI MBURSE-DAR REIMBURSE-DAR REIMBURSE. DAR REIMBURSE. DAR REIMBURSE-DAR LEGISLATIVE COUNSEL LIFE BOOKS LINCOLN EQUIPMENT KEZlA MERWl N MR P'S AUTO PTS JIM MULDER NEXTEL COMM NICOLI ENGINEERING NORCOM NW GEOTECH NW NATURAL PAUL NULL OBEC CONSULT ENG OR BUILDING OFF OR REC & PARKS OR STATE POLICE PARACLETE PRESS PENWORTHY CO PIONEER GLASS PORT GENERAL ELEC PROMOTIONS WEST QWEST QWEST DEX ROTHS IGA LES SCHWAB TI RE LINDA SPRAUER TEK SYSTEMS UNOCAL:ERNI E GRAHAM UNITED PIPE VERIZON WIRELESS WALKERS CYCLE WALLING SAND WEST GROUP WILL RED CROSS WBN INDEPENDENT WBN 24HR TOWING BILL FAULHABER DONNA GRAMSE VADA OWENS JUNE WOODCOCK JAY WOODS DOROTHA BORLAND SALLY BUSE CORNELIUS DONNELLY LEONARD GIAUQUE AGNES HAGENAUER FRED HAYES BEULAH JORDAN J WARD O'BRIEN MARl LYN PARADIS 011200 011228 011250 012440 012510 012670 013188 013192 013198 013287 013350 013420 014015 014125 014431 014535 015111 015226 015330 015422 015563 016201 016203 017340 018300 018710 019046 020010 020030 021124 022023 022029 022160 022328 022630 022755 035240 035260 035590 035648 035763 045100 045110 045230 045290 045310 045315 045320 045497 045512 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 1/31/02 $25.00 $32.90 $5,439.41 $131.40 $378.53 $52.63 $509.91 $3,328.70 $16,292.00 $958.63 $108.57 $25.70 $355.00 $375.00 $4O.0O $12.00 $138.88 $1,129.45 $51.41 $558.36 $1,614.50 $197.43 $46.92 $227.47 $547.09 $340.72 $368.00 $206.93 $879.70 $1,026.44 $36.00 $336.06 $185.00 $269.64 $64.90 $5O.00 $35.00 $20.00 $14.00 $16.00 $33.00 $45.57 $101,68 $287.37 $164.61 $37.20 $269.39 $51.15 $168.02 $43.40 Page 8 8(; A/P CHECK LISTING FOR THE MONTH OF JANUARY 2002 58902 58903 58904 58905 REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR GERTRUDE REES LOLA SPERATOS STEVE STURN HATTIE VANDECOVERI NG 045545 045560 045585 045670 1/31/02 1/31/02 1/31/02 1/31/02 $76.26 $9.92 $120.90 $16.12 $1,127,244.86 Page 9 8H February 11, 2002 TO: FROM: SUBJECT: Honorable Mayor and City Council John C. Brown, City Administrator,~ Agreement Accepting Proposed Amended Conditions - Company Stores Phases II and III Recommendation: Receive, as information, a copy of the agreement executed between the City of Woodburn and Craig Realty Group, related to the referenced subject. Background: At your continued public hearing of January 28, 2002, the City Council authorized me to execute an agreement with the Craig Realty Group - Woodburn LLC related to acceptance of modified conditions of approval for Phases II and III of the Woodburn Company Stores project. A copy of the proposed amended conditions was provided to the Council for review, and was fully discussed during the public hearing. Discussion: Craig Realty Group executed the aforementioned agreement prior to your January 28, 2002 hearing. Pursuant to your direction, I executed the document on the City's behalf on January 29, 2002. A copy of the fully executed agreement is provided for your information. An ordinance that approves the modified conditions of approval is included for your action in the General Business agenda for your February 11, 2002 meeting. JCB -8H AGREEMENT ACCEPTING PROPOSED AMENDED CONDITIONS This AGREEMENT ACCEPTING PROPOSED AMENDED CONDITIONS is entered into this 28th day of January, 2002, by and between Craig Realty Group-Woodburn, LLC, an Oregon limited liability company (hereafter "Craig Realty"), and the City of Woodbum, an Oregon municipal corporation (hereinafter "City"). WHEREAS, Craig Realty was granted Site Plan Approval 00-18 and has the right to ' develop Phases II and III of the Woodburn Company Stores project consistent with that land use approval and the conditions thereon; and WHEREAS, Craig Realty then filed Site Plan Review Condition Modification Application No. 01-10, which is pending before the Woodburn City Council and must be decided by a land use decision after the conclusion of the public hearing process; and WHEREAS, the City Administrator, on behalf of City, negotiated with Craig Realty in order to reach agreement on the Proposed Amended Conditions; and WHEREAS, after the negotiations, the City Administrator is willing to recommend adoption of the Proposed Amended Conditions by the Woodburn City Council in Site Plan Review Condition Modification Application No. 01-10; and WHEREAS, Craig Realty, by execution of this Agreement, is willing to accept, and waive any rights to contest, the Proposed Amended Conditions, contingent upon the Proposed Amended Conditions being imposed by the Woodburn City Council when it decides Site Plan Review Condition Modification Application No. 01-10; now WITNESSETIt: 1. In addition to the conditions of approval previously imposed by City on Site Plan Review Approval 00-18, Craig Realty accepts and agrees to comply with the terms of the Proposed Amended Conditions which are affixed hereto and incorporated as Attachment I. 2. Both parties waive any rights they have to contest the Woodburn City Council's decision in Site Plan Review Condition Modification Application 01-10. Understanding and recognizing its rights under ORS 197.796, Craig Realty hereby waives any legal rights it has or may have to contest the Proposed Amended Conditions and any causes of action of any type whatsoever that it has or may have against the City in any way related to the City's imposition of the Proposed Amended Conditions in any court or administrative agency. Notwithstanding, Craig Realty and City reserve their rights to enforce the terms of this Agreement, the conditions of approval previously imposed by City on Site Plan Review Approval 00-18, and the Proposed Amended Conditions affixed to this Agreement. Page 1 - Agreement Accepting Conditions 3. After approval of the Proposed Amended Conditions by the City Council; the City agrees to abide by the terms of the Proposed Amended Conditions. 4. If any suit or action shall be instituted to enforce or interpret this release, the prevailing party shall be entitled to recover from the losing party, in addition to statutory costs, such sums as the court may adjudge as reasonable for the prevailing party's attorney fees in such suit, action or any appeal thereof. 5. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. CRAIG ~RE -L~' Y~- WOODBURN, LLC By: Na /" Stev n · ~ ._. _ /.z. /m~-. ~.~ . Date: State of ~/~eg~- ) Coun~ of Marion ) Subscribed and sworn to before .me this 28th day of January, 2002~ OFFICIAL SEAL  MARY E. TENNANT /~~ d. NOTARY PUBLIC-OREGON Notar~ Publqlc for Oregon COMMI$810N NO. $29235 ~ c0UmSmN m'~ ,0v. 27. am My Commission Expires: CITY OF ~t"/O~~ B~~r...~_. ~ ~ Name: John C. Brown Title: City Administrator Date: /'.-,~ '~ ~w ~ State of Oregon ) County of Marion ) Subscribed and sworn to before me this-z~~ day of January, 2002. i} OFFICIAL (IEAL '! MARY E. TENNANT NOTARY PUBLIC-OREGON COMMISSION NO. 329235 IVh' COMMISSION eel,E-S NOV. for Oregon My Commission Expires: r//- ~ ,;7_ C:\My DocumentskAcceptance of Proposed Conditions.wpd Page 2 - Agreement Accepting Conditions ATTACI-I]~IENT' "I" Agreemen~ Accepting Prol~ose~ Amended Conditions Page 1 of § ' Proposed Amended Conditions 8H Site Plan Review Condition Modification Application No. 01-10 Applicant: Craig Realty Group - Woodburn, LLC Amended Condition of Approval 1 Pursuant to Site Plan Review Condition Modification Application No. 01-10, Condition of Approval 1 of Site Plan Review Approval 00-18 is amended to read as follows: 1. The proposed development shall be in substantial conformance with the approved development plan as shown on sheets AO. 1, dated 7/03/01, AO.2, AO.2b, Al.3, Al.4, A2, A2.2, A3.4-A3.6, A4.6 and A4.8, all dated 12/28/00, C-l, C-lb, C-2, dated 12/20/00, LI.1 and L1.2 dated 07/03/01; and Architectural Finishes Board, except as otherwise amended by these conditions and, specifically, Amended Condition of Approval 23 herein. Amended Condition of Approval 23 Pursuant to Site Plan Review Condition Modification Application No. 01-10, Condition of Approval 23 of Site Plan Review Approval 00-18 is amended to read as follows: Prior to issuance of building permits for Phase II or the construction of any public improvements on Amey Lane whichever is sooner, Applicant shall dedicate right-of-way along the northerly boundary of its property as shown on Sheet 1 of the Amey Lane Plan, which was submitted to the Woodbum Planning Commission by Applicant as part of this application and is attached hereto and incorporated herein as Exhibit "A." Within that right of way, Applicant shall construct a 44 foot wide, full street improvement knoWn as Amey Lane, fi:om its intersection with Arney Road to a point at the westernmost side of the westerly driveway shown on sheet AO.1 dated July 3, 2001 and approved by the City in Site Plan Review Approval 00-18. The 44-foot wide pavement section shall be constructed according to City standards and City shall allow parking on both sides of the pavement between the easterly and westerly driveway accesses of the development on Arney Lane. On-street parking shall not be allowed between the easterly access driveway and Arney Road. Such improvement shall' include cement curbs and gutters on the north and south sides of the Arney Lane, built according to City standards, and a six (6) foot wide concrete sidewalk improvement running the full length of the improved roadway on the south side of Arney Lane. Applicant shall install street lighting on the south side of Arney Lane only, in accordance with civil plans approved on August 1,2001 for offsite Page 1 - Proposed Amended Conditions Co Do Fo Go ATTACHMENT 'T' Agreement Accepting Proposed Amended Conditions Pag~ 2 of 5' improvements of Phases II and III, except that the spacing of light posts located between Arney Road and the westerly driveway may be widened as is necessary to provide sufficient lighting of the westerly driveway by the westernmost light standard adjacent to the westerly driveway. Improvement of approaches to private driveways located on the north side of Amey Lane, between the intersection of Arney Road and Arney Lane and the westerly driveway shall be consistent with the width of openings as shown on Sheet 1 of the Amey Lane Plan, which was submitted to the Woodbum Planning Commission by Applicant as part of this application, a reduced copy of which is attached hereto and incorporated herein as Exhibit "A." Driveway and approach improvements shall be limited to a standard curb drop, and a paved asphalt apron five feet deep running the width of the driveway opening, tying into the existing driveway. City shall not require right of entry permits as long as Applicant completes the work entirely from within the rights-of way and does not trespass on private property. Because these improvements represent Applicant's fair share of the construction of Arney Lane which is related to this application, the improvements shall be made in lieu of any requirement, now or in the future, to participate in a Local Improvement District or other local funding mechanism for the purpose of improving Amey Lane beyond the westerly driveway. However, if Applicant subsequently proposes significant changes to its development which would require land use approvals, City may require additional improvements to be constructed by Applicant as part of City's future land use decisions. Irrespective of the previously approved phasing plan, Applicant shall have the right to construct the remaining unbuilt portions of the project, approximately 151,579 Gross Leasible Area (square feet),.in multiple phases rather than the previously approved two (2) phased development plan. However, once Applicant exceeds 315,000 square feet of overall Gross Leasable Area (square footage) for all phases of its project (including what was already constructed in Phase I) Applicant shall be required to complete the improvements to Amey Lane as provided in this Agreement. Applicant shall construct all the aforementioned improvements to City's satisfaction prior to issuance of an occupancy permit for Phase III of the project. Applicant may use' graveled portions of Amey Lane for temporary, construction related, traffic during the construction of Phases II and III of the project. I-Iowever, Applicant maY not Use Amey Lane or the easterly and/or westerly access driveways for regular or permanent commercial or site-related traffic until such time as Arney Lane is fully improved to City standard as provided in this condition. Payment by Applicant of Systems Development Charges (SDCs) and Traffic 8H Page 2 - Proposed Amended Conditions Impact Fees (TIFs) for Phase II of the project shall be deferred by City until issuance of the occupancy permit for Phase II and the amount due shall be calculated based upon those charges and fees which are in effect at the time of payment. Applicant shall have the opportunity to request a similar deferral of SDCs and TIFs for Phase III. To the degree that this modified condition reduces Applicant's requirements to construct Arney Lane, Applicant shall be entitled to a refund of right-of-way permit fees already paid. Such refund shall be proportionate to that amount of Arney Lane which will not be constructed, and shall be related only to road -improvements. Applicants' project involves the realignment of Arney Road right-of way and a road vacation proceeding by Marion County. City shall communicate with Marion County and support Applicant's claim to the property vacated by Marion County associated with the realignment of fight-of way in the proximity of the intersection of Amey Road and Amey Lane in order to assist the Applicant to receive the property to which it is legally entitled. 811 Page 3 - Proposed Amended Conditions SEE ABOVE i ' . ~ SEE BELOW SEE ABOVE _mi '~, Ji: f~ ~] I L'/' SEE BELOW , SI-l, Proposed__. _ .Right-Of-Way ... ,.,~ .,-,,, .... ,.~, ,.,-.. ~ ~' Adjustments o~..K~ , .~, .., c,,. , ' ' llA CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 Date: To: From: Subject: (503) 982-5246 February 11, 2002 Honorable Mayor and City Council thru City Administrator Jim Mulder, Director of Community Development/~ // Ordinance Modifying Planning Commission's D~cision in Site Plan Review Modification Case No. 01-10 (Woodburn Company Stores) Recommendation: Approve the attached ordinance modifying the Planning Commission's decision in Site Plan Review Modification Case No. 01-10. Background: The City Council, at its January 28, 2002 meeting, directed staff to prepare an ordinance to substantiate its decision in Site Plan Review Modification Case No. 01- 10. That ordinance is attached. 'llA COUNCIL BILL NO. ~370 ORDINANCE NO. AN ORDINANCE APPROVING THE MODIFICATION OF TWO CONDITIONS OF APPROVAL IMPOSED PREVIOUSLY BY THE CITY IN SITE PLAN REVIEW 00-18; AND DECLARING AN EMERGENCY. WHEREAS, the applicant, Craig Realty Group - Woodburn, LLC, applied for and obtained approval of Site Plan Review 00-18; and WHEREAS, the applicant then filed this application, Site Plan Review Condition Modification 01-10, requesting that Condition of Approval 1 and Condition of Approval 23 of Site Plan Review Approval 00-18 be amended; and .:. WHEREAS, the City Council has the legal authority to modify conditions previously imposed; and WHEREAS, the applicant has agreed to modified conditions and waived its legal ability to contest said modifications; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Pursuant to Site PI.an Review Condition Modification Application No. 01-10, Condition of Approval 1 of Site Plan Review Approval 00-18 is amended to read as follows: A. The proposed development shall be in substantial conformance with the approved development plan as shown on sheets AO. 1, dated 7/03/01, AO.2, AO.2b, Al.3, Al.4, A2, A2.2, A3.4-A3.6, A4.6 and A4.8, all dated 12/28/00, C-l, C- lb, C-2, dated 12/20/00, L1.1 and L 1.2 dated 07/03/01; and Architectural Finishes Board, except as otherwise amended by these conditions and, specifically, Amended Condition of Approval 23 herein. Section 2. Pursuant to Site Plan Review Condition Modification Application No. 01-10, Condition of Approval 23 of Site Plan Review Approval 00-18 is amended to read as follows: Prior to issuance of building permits for Phase II or the construction of any public improvements on Amey Lane whichever is sooner, Applicant shall dedicate right-of-way along the northerly boundary of its property as shown on Sheet 1 of the Arney Lane Plan, which was submitted to the Woodburn Planning Commission by Applicant as part of this application and is attached hereto and incorporated herein as Exhibit "A." Within that right of way, Applicant shall construct a 44 foot wide, full street Page 1 - COUNCIL BILL NO. ORDINANCE NO. ' ' llA Page 2 Bo Co Do improvement known as Arney Lane, from its intersection with Arney Road to a point at the westernmost side of the westerly driveway shown on sheet AO. 1 dated July 3,2001 and approved by the City in Site Plan Review Approval 00-18. The 44-foot wide pavement section shall be constructed according to City standards and City shall allow parking on both sides of the pavement between the easterly and westerly driveway accesses of the development on Arney Lane. On-street parking shall not be allowed between the easterly access driveway and Arney Road. Such improvement shall include cement curbs and gutters on the north and south sides of the Arney Lane, built according to City standards, and a six (6) foot wide concrete sidewalk improvement running the full length of the improved roadway on the south side of Arney Lane. Applicant shall install street lighting on the south side of Arney Lane only, in accordance with civil plans approved on August 1,2001 for offsite improvements of Phases II and III, except that the spacing of light posts located between Arney Road and the westerly driveway may be widened as is necessary to provide sufficient lighting of the westerly driveway by the westernmost light standard adjacent to the westerly driveway. Improvement of approaches to private driveways located on the north side of Amey Lane, between the intersection of Arney Road and Arney Lane and the westerly driveway shall be consistent with the width of openings as shown on Sheet 1 of the Arney Lane Plan, which was submitted to the Woodburn Planning Commission by Applicant as part of this application, a reduced copy of which is attached hereto and incorporated herein as Exhibit "A." Driveway and approach improvements shall be limited to a standard curb drop, and a paved asphalt apron five feet deep running the width of the driveway opening, tying into the existing driveway. City shall not require right of entry permits as long as Applicant completes the work entirely from within the rights-of way and does not trespass on private property. Because these improvements represent Applicant's fair share of the construction of Arney Lane which is related to this application, the improvements shall be made in lieu of any requirement, now or in the future, to participate in a Local Improvement District or other local funding mechanism for the purpose of improving Arney Lane beyond the westerly driveway. However, if Applicant subsequently proposes significant changes to its development which would require land use approvals, City may require additional improvements to be constructed by Applicant as part of City's future land use decisions. Irrespective of the previously approved phasing plan, Applicant shall have the right to construct the remaining unbuilt portions of the project, approximately 151,579 Gross Leasible Area (square feet), in multiple phases .rather than the previously approved two (2) phased development plan. However, once Applicant exceeds COUNCIL BILL NO. ORDINANCE NO. 11A 315,000 square feet of overall Gross Leasible Area (square footage) for all phases of its project (including what was already constructed in Phase I) Applicant shall be required to complete the improvements to Arney Lane as provided in this Agreement. Applicant shall construct all the aforementioned improvements to City's satisfaction prior to issuance of an occupancy permit for Phase III of the project. Applicant may use graveled portions of Arney Lane for temporary, construction related, traffic during the construction of Phases II and III of the project. However, Applicant may not use Arney Lane or the easterly and/or westerly access driveways for regular or permanent commercial or site-related traffic until such time as Arney Lane is fully improved to City standard as provided in this condition. Go Payment by Applicant of Systems Development Charges (SDCs) and Traffic Impact Fees (TIFs) for Phase II of the project shall be deferred by City until issuance of the occupancy permit for Phase I1 and the amount due shall be calculated based upon those charges and fees which are in effect at the time of payment. Applicant shall have the opportunity to request a similar deferral of SDCs and TIFs for Phase III. Ho To the degree that this modified condition reduces Applicant's requirements to construct Arney Lane, Applicant shall be entitled to a refund of right-of-way permit fees already paid. Such refund shall be proportionate to that amount of Arney Lane which will not be constructed, and shall be related only to road improvements. Applicants' project involves the realignment of Arney Road right-of way and a road vacation proceeding by Marion County. City shall communicate with Marion County and support Applicant's claim to the property vacated by Marion County associated With the realignment of right-of way in the proximity of the intersection of Arney Road and Arney Lane in order to assist the Applicant to receive the property to which it is legally entitled. Section 3. That this modification of conditions pursuant to Site Plan Review Condition Modification Application No. 01-10 is based upon Findings and Conclusions which are attached hereto as Exhibit "B" and incorporated herein. Section 4. That 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 the Council and approval by the Mayor. Page 3 COUNCIL BILL NO. ORDINANCE NO. Approved as to form: City Attomey Approved: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tenant City Recorder City of Woodbum, Oregon Date Richard Jennings, Mayor llA C:LMy DocumentskMyFileskk\CB\wOODBURN CO STORES MOD COND.wpd Page 4 - COUNCIL BILL NO. ORDINANCE NO. SNOiS6~3B ~m~ s~ua~uu"o3 I! ~ d ~ t 30~1 'N~O ,,,4 3ou 'NS~ S~3NNV]d (]NV S~3]NIDN3 ONU.'IflSHO~ ~ UOld aUD'I XauJ¥ ~Tua~ua^°JdU~l a~!$-;;O Ill/Il ~SDqcl seJo1.s .~uoduJo0 uJnqpoo/~ ¥0 'glOOel~ ~od~eN dnoJ9 X),lOea §lOJ0 3AOE3¥ 33S 5B3NNY~d ONY SB3]NrON] 9NU1F~N03 ~ '3NI 'ONI~I3i3NZON~I HO3.{,S3M s~,ua~,sn.[p¥ X'o/~-JO-~,q6!~l pasodoJcl seJol$ ,(uodl,uoO uJnqpoo~ V3 'qoueB lJodMeN dno.~9 ,'(),loe~ 5toJ~) .d ~ ) J i ~O73~ 335 [ \' ' 1 3AOSV 33S EXHIBIT "B" EXHIBIT "B" Council Bill No. 2370 Page 1 of 2 llA FINDINGS AND CONCLUSIONS SITE PLAN REVIEW CONDITION MODIFICATION 01-10 APPLICATION INFORMATION: Applicant and Property Owner: Application Deemed Complete: 120-Day Rule Deadline: Craig Realty Group - Woodburn LLC 1500 Quail Street # 100 Newport Beach, CA 92660 August 29, 2001 Extended until February t 5, 2002 II. NATURE OF THE APPLICATION: The application is a proposal to amend Conditions of Approval 1 and 23 of Site Plan Review 00-18 for Phases II and III of the Woodburn Company Stores. The proposed amendments to Conditions of Approval 1 and 23 would effect driveway access and street improvements on Arney Lane. III. IV. LOCATION OF SUBJECT PROPERTY: The subject property is located at 1001 Arney Road. It can be identified specifically on Marion County Assessor Map T5S, 2W, Section 12B, Tax Lots 101 and 200. APPLICABLE ORDINANCE AND COMPREHENSIVE PLAN CRITERIA: Co D. E. F. Woodbum Comprehensive Plan. Woodbum Zoning Ordinance: 1. Chapter 7. Public Hearings 2. Chapter 8. General Standards 3. Chapter 10. Off-Street Parking, Loading and Driveway Standards 4. Chapter 11. Site Plan Review 5. Chapter 29. CR - Commercial Retail District Woodburn Landscaping Policies and 'Standards Woodburn Sign Ordinance Woodburn Transportation System Plan Woodbum Access Management Ordinance Page 1 Vo FINDINGS AND CONCLUSIONS Bo Do Eo EXHIBIT "B" Council Bill Nb. 2370' Page 2 of 2 llA Go The City Council finds that Site Plan Review 00-18 was finally decided by the Planning Commission on July 26, 2001. No appeal of that decision was taken to the City Council and the City Council did not call up the decision. The case was not appealed to the Land Use Board of Appeals (LUBA) and no action was filed in the Marion County Circuit Court. Ho The City Council concludes that the time to challenge the land use decision made and the conditions imposed in Site Plan Review Approval 00-18 has passed. The City Council further finds that at the time Site Plan Review 00-18 was decided the applicable decision making criteria were determined and that these criteria were applied to the facts elicited during the public hearing process which resulted in the final approval of Site Plan Review 00-18, with conditions which~ were reasonable and necessary, including Conditions 1 and 23 The City Council further finds that during the Site Plan Review 00-18 process the applicant did not raise any issues with any of the conditions of approval, including Conditions 1 and 23, which were imposed by the site plan review approval. The City Council further finds that the pre-hearing statement which was read to participants in the public hearing on Site Plan Review 00-18 informed the applicant that issues needed to be raised, including issues relating to conditions of approval or constitutional issues, before the close of that hearing. The City Council further finds that the applicant did not raise any concems during the Site Plan Review 00-18 process about the right-of-way dedication or improvement requirements or any constitutional issues concerning Conditions 1 and 23. The City Council, therefore, concludes, in agreement with the Planning Commission's determination, that the applicant waived its opportunity to now raise these issues in the context of this application. The City Council further concludes, in accordance with the earlier determination by the Planning Commission, that notwithstanding the applicant's waiver of its right to raise issues in regard to the conditions, the City Council has the legal authority to relieve the applicant from certain requirements of the existing conditions as it deems to be fair and in the public interest. Page 2 ll.B MEMO TO: FROM: SUBJECT: DATE: C'ty Council through City Administrato ',~'~,//.~ _~ Public Works Program Manager Y~/~''''''~ Professional Agreement for Water Treatment and Storage Project Design and Construction Engineering February 5, 2002 RECOMMENDATION. Approve the attached resolution entering into an agreement with Kennedy/Jenks Consultants for professional engineering services for design and construction engineering for the water treatment and storage Project BACKGROUND: The citizen Water Master Plan Committee has been the force behind the water treatment and storage project development. The city advertised in September 2001 for qualifications of consulting firms to provide professional engineering services for design and construction engineering for the water treatment and storage project. The city received qualification statements from three firms who were all determined to be qualified to submit proposals. The firms selected to submit proposals were: 1. HDR Engineering, Inc. 2. Kennedy/Jenks Consultants 3. Murray Smith and Associates, Inc. The three firms prepared detailed proposals in accordance with a city prepared request for proposal which were then received on November 15, 2001. The detailed proposals were reviewed in detail and evaluated by city staff. In addition, individual interviews were conducted with each of the competing firms. Although all three firms were qualified to do the work, staff determined that the proposal and consulting staff from Kennedy/Jenks Consultants represented the best overall expertise and program for completion of the water treatment and storage project on time and on budget with a finished water treatment system that will provide the water treatment and storage infrastructure that will serve the city's residents for many years. The consultant selection was reviewed by the Water Master Plan Committee. An agreement was then negotiated with Kennedy/Jenks Consultants for the water treatment and storage project design and construction engineering. This agreement has been negotiated with full involvement of Frank Tiwari, Public Works Director, and the legal aspects have been reviewed and approved by Bob Shields, City Attorney. Staff recommends that council authorize the Mayor to sign the agreement on behalf of the city. llB COUNCIL BILL NO. RESOLUTION NO. 2371 A RESOLUTION ENTERING INTO AN AGREEMENT WITH KENNEDY/JENKS CONSULTANTS FOR PROFESSIONAL ENGINEERING SERVICES FOR DEVELOPMENT OF A WATER TREATMENT AND STORAGE PROJECT AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, The City of Woodburn has determined that a project is needed to treat the city's water supply to remove iron and manganese and resolve storage deficiencies and plan for expanded water supply capacity to accommodate the community's projected growth, and WHEREAS, The city will, by January 2006, be required to reduce the level of arsenic in the city water supply to comply with federal safe drinking water standards and may be also required to reduce radon levels in the water supply, and WHEREAS, The water treatment and storage project will reduce the arsenic and radon levels present in the water supply and allow the city to comply with federal safe drinking water standards, and WHEREAS, Professional engineering services are required for the design and construction engineering services required for the water treatment and storage project, and WHEREAS, The city solicited qualifications and proposals from firms for the professional engineering services required for the water treatment and storage project, and WHEREAS, The city determined that Kennedy/Jenks Consultants was the best qualified firm to provide the professional engineering services, and WHEREAS, The city and Kennedy/Jenks Consultants have developed an agreement to provide the required services; NOW THEREFORE Page 1 - COUNCIL BILL NO. RESOLUTION NO. llB THE CITY OF WOODBURN RESOLVES AS FOLLOWS' Section 1. That the City of Woodburn enter into an agreement, which is affixed as Attachment "A" and by this reference incorporated herein, with Kennedy/Jenks Consultants for professional engineering services which are required for the design and construction engineering services required for the water treatment and storage project. Section 2. That the Mayor of the City of Woodburn be authorized to sign said agreement on behalf of the City. Approved as to form:~'~''')'~ (/t~~) City Attorney 2.- 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 2- COUNCIL BILL NO. RESOLUTION NO, ATTACHMENT, P~e I of lib AGREEMENT FOR CONSULTING SERVICES BETWEEN CITY OF WOODBURN AND KENNEDY/JENKS CONSULTANTS FOR WOODBURN WATER TREATMENT AND STORAGE PROJECT PREAMBLE THIS AGREEMENT is made and entered into on this __ day of ,20_, by and between City of Woodburn, hereinafter referred to as "Owner," and Kennedy/Jenks Consultants, a California corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, Consultant has available and offers to provide personnel and facilities necessary to accomplish the work within the required time; WHEREAS, Owner desires to retain Consultant to perform the engineering work in the manner, at the time, and for the compensation set forth herein; NOW, THEREFORE, Owner and Consultant agree as follows: I. DESCRIPTION OF PROJECT Owner and Consultant agree the Project is as described in Exhibit A, entitled "Description of Project." If, during the course of Project, Owner and Consultant agree to changes in Project, such changes shall be incorporated in this Agreement by written amendment. II. SCOPE OF CONSULTANT SERVICES Consultant agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of Consultant shall not be construed to exceed those services specifically set forth herein: A. Planned Consulting Services Consultant agrees to pertbrm those planned tasks described in Exhibit B, entitled "Scope of Work." Agreement for Consulting Services Page I Bo ATTACHMENT A Page ~ .... of ~, Special Consulting Services Owner and Consultant agree that not all work to be performed by Consultant can be defined in detail at the time this Agreement is executed, and that incidental engineering work related to Project and not covered in Exhibit B may be needed classified as Special Consulting Services, and additional compensation for such special services, if authorized, shall be as specified in Exhibit C. Special Consulting Services include, but are not limited to: Survey personnel and equipment required to prepare and furnish legal descriptions of easement, rights-of-way, and property required for the Project. Providing technical information for permit application beyond review of Owner's predesign activities and contract documents preparation unless authorized by Owner. Redesign as recommended through value engineering process and as requested by the Owner. Additional copies of contract documents over the number specified to be furnished. 5. Assistance with a formal bid protest beyond Owner resolution. Evaluation and redesign of contract changes requested by Contractor or Owner after publication of contract documents to reduce construction costs. 7. Field layouts for construction. o Soils investigations, including test borings, related analyses and recommendations, as necessary for construction related questions regarding unforseen conditions. 9. Submittal review of Contractor's shoring and dewatering systems. lO. Detailed mill, shop, and laboratory inspection of materials and equipment other than as defined in Exhibit B. 11. Model test of equipment such as pumps, valves and hydraulic structures. 12. Assistance with regulatory agency audits. 13. Appearance as expert witness. 14. Assistance to legal, financial, or other consultants engaged for the Project. llB Agreement for Consulting Services Page 2 ATTACHMENT Page · ~ of lib 15. Additions to the defined Project described in Exhibit A and scope of work included in Exhibit B. C. Litigation Assistance Unless specifically stated therein, the Scope of Services does not include assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by Owner. All such services required or requested of the Consultant by Owner or any third party (except claims between Owner and Consultant) will be reimbursed at Consultant's standard rates for litigation services. III. SCOPE OF OWNER SERVICES Owner agrees to provide facilities and equipment and to perform the following services: Provide necessary information to the Consultant as to the Owner's requirements for the Project. Assist the Consultant by placing at its disposal all reasonably available information and technical data pertinent to the Project including previous reports and any other data relative to design and construction of the Project including operating data, soils reports, record drawings, hydraulic model and operation and maintenance manuals. Furnish information related to plant site boundaries, as modified, plant property map and legal description, easements, and rights-of-way. Provide necessary access and make all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform its services under this Agreement. Acquire all the necessary land, easements and rights-of-way required for the Project. Publish notification of public meetings or information about Project construction activities in local newspaper, if required. Furnish to the Consultant, prior to any performance by the Consultant under the Agreement,. a copy of any design and construction standards the Owner shall require the Consultant to follow in the preparation of the contract documents. Participate in design reviews and provide timely and complete review of draft documents prepared by the Consultant Advertise for proposals from bidders and place and pay for all costs incident thereto. Agreement for Consulting Services Page 3 ATTACHMENT ,,~ Page ~ of '-~/~ llB 10. 11. 12. 13. Participate in the bid opening and prepare bid tabulations.. Present and recommend bid awards to city council. Implementation of final resolution of bid disputes and protests considering Consultant recommendation. Award contracts including receiving required contractor documents, issuing notice of award, executing the construction agreement, and issuing notice to proceed. Obtain approvals and permits, not required in the contract documents to be provided by the Contractor, from all governmental authorities having jurisdiction over the Project, and such approvals and consents from others as may be necessary for completion of the Project. Operate the water system during construction. 15. 16. 17. 18. 19. 20. 21. 22. 23. Approve and pay progress payment requests based on Consultant's monthly status reports. Maintain the Owner's project accounting system to collect and track project expenses. Establish change order approval authority. Present change orders to city council if needed. Resolve claims disputes as defined in the contract documents. Perform required administrative activities and interface with Oregon Health Division, Drinking Water Program to satisfy Owner responsibilities for the Drinking Water Revolving Fund loan that partially funds this project. Prepare necessary financial statements and reports required by grant, revolving fund loan or any other loan conditions. Give prompt notice to the Consultant whenever the Owner observes or otherwise becomes aware of any significant defect .or delay in the Project. Provide records fbr performance certification. Provide for additional studies, design work and/or construction management items not identified in Exhibit B that are identified as being required to address unanticipated issues. Agreement for Consulting Services Page 4 IV. PROJECT MANAGEMENT ATTACHMENT Page ~...L~_. of The Consultant's Project Manager shall be Travis Tormanen. The Owner's Project Manager shall be designated by the Public Works Director. The Project Managers shall be authorized to act on behalf of their respective employers concerning all matters related to this Agreement, except, however, that amendments to this Agreement shall be approved by the Woodburn City Council. The Consultant shall obtain the Public Works Director's approval prior to making any change in the Consultant's Project Manager designation. V. AMERICANS WITH DISABILITIES ACT Any other provision of the Agreement not withstanding, unless otherwise specified in the Scope of Services, Consultant shall not be responsible for the Project's compliance with the Americans with Disabilities Act (ADA) 42 U.S.C. 12101 et seq. and the related regulations except to the extent Owner has specified areas to be accessed or used by the public or to the extent Owner has provided information regarding special use requirements or accomn~dations for Owner?s employees. VI. AUTHORIZATION AND COMPLETION In signing this Agreement, Owner grants Consultant specific authorization to proceed with work specified in Exhibit B. The estimated time for completion of the work specified in Exhibit B will be in accordance with the project schedule included as part of Exhibit B. Consultant shall use its best efforts to perform the work within the estimated time. A. Changes Owner, through the Public Works Director as its representative, may make or approve changes within the general scope of services as defined in Exhibit B, including cost allocations to the various tasks as defined in Exhibit B. If such changes affect Consultant's cost of or time required for performance fo the services, an equitable adjustment will be made through an amendment to this agreement. Owner is not obligated to pay for services performed without the Owner's authorization. B. Work is Property of Owner All work in its original form, including but not limited to documents, drawings, tracings, surveying records, mylars, papers, computer programs, diaries and photographs, performed or produced by Consultant under this Agreement shall be the exclusive property of the Owner and shall be delivered to the Owner prior to final payment. Any statutory or common law rights to property originally produced as part of this Agreement, held by the Consultant as creator of such work shall be conveyed to the Owner upon request without any additional compensation. Upon Owner's approval and provided Owner is identified in connection therewith, Consultant may include Consultant's work in its promotional materials. Drawings may bear a disclaimer releasing the Consultant from any liability for changes made on original drawings and tbr reuse of the drawings subsequent to the date they are turned over to the Owner. lib Agreement for Consulting Services Page 5 VII. ATTACHMENT ~_.~,~ Page ._D..--. of llB COMPENSATION A. Amount For the services described in Exhibit B, Owner agrees to pay, and Consultant agrees to accept, compensation in accordance with Exhibit C. B. Payment As long as the Consultant has not defaulted under this Agreement, the Owner shall pay the Consultant within 30 days of the date of the Consultant's invoices for services performed and reimbursable expenses incurred under this Agreement. If the Owner has reason to question or contest any portion of any such invoice, amounts questioned or contested shall be identified and notice given to Consultant within 15 days of the date of the invoice. Any portion of any invoice not contested shall be deemed to be accepted and approved for payment and shall be paid to Consultant within 30 days of the date of the invoice. The Owner agrees to cooperate with Consultant in a mutual effort to resolve promptly any contested portions of Consultant's invoices. In the event any uncontested portions of any invoice are not paid within 30 days of the date of Consultant's invoice, then interest on unpaid amounts shall accrue at a rate of 1.5 percent per month or the maximum interest rate permitted by law, whichever is less. Owner shall have the right to inspect Consultant's books and records, and any relevant books and records of a subconsultant, in order to verify the accuracy of Consultant's invoice. Said right of inspection shall extend to all documents necessary to permit adequate evaluation of Consultant's invoice. VIII. RESPONSIBILITY OF CONSULTANT A. Performance of Services The services performed by Consultant shall be performed with the same degree of care, skill, diligence, competency, and knowledge which is ordinarily exhibited and possessed by other professionals in good standing in the same or similar field and community as Consultant. In performing these services, Consultant shall be an independent contractor and not a servant or employee of Owner. Owner shall .have the right to verify that Consultant's performance meets the requirements of this contract but shall not have the right to control the manner of Consultant's or Consultant's subconsultants' peHbrmance. No provision of this Agreement shall be construed to create a partnership, joint venture, employer-employee, landlord-tenant or principal- agent relationship. Agreement for Consulting Services Page 6 Bo Co Do ATTACHMENT Page ~ of Consultant's Personnel at Construction Site The presence of Consultant's personnel at a construction site, whether as on-site representatives or otherwise, does not make Consultant responsible for those duties that belong to Owner and/or construction contractors or others, and do not relieve construction contractors or others of their obligations, duties, and responsibilities, including but not limited to construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The Contractor has responsibility for job-site safety. While not part of the Consultant's responsibilities, if Consultant observes any non-compliance with safety requirements, then the appropriate officials will be notified immediately. Opinions of Cost, Financial Considerations, and Schedules In providing cost estimates, 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 maintenance costs; time or quality of performance by third parties; or other economic and operational factors that may affect the ultimate Project cost or schedule. Therefore, Consultant makes no warranty that Owner's actual Project costs, financial aspects, economic feasibility or schedules will not vary from Consultant's estimates. If Owner requires Consultant to prepare quantity and material take-offs and/or cost estimates from plans and specifications that are less than fully complete, then Owner will hold Consultant harmless from any and all loss, liability, or claims resulting from such incompleteness. Subsurface Investigations In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, explorations, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur which could affect total Project cost and/or execution. These conditions and cost-execution effects are not the responsibility of Consultant. Record Drawings Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the Project was finally constructed. Consultant is not responsible fbr any errors or omissions in the information from others that is incorporated into the record drawings. Agreement for Consulting Services Page 7 IX. CONSTRUCT[ON SERVICES A=F'~AOHMI~NT ~ · Consultant's review or supervision of work prepared or performed by other individuals or firms employed by Owner shall not relieve those individuals or firms of any responsibility for the quality and adequacy of their work. Any resident engineering or inspection provided by Consultant is for the purpose of determining compliance with the technical provisions of Project specifications and does not constitute any form of guarantee or assurance with respect to the performance of the Contractor. Consultant does not assume responsibility for the means, methods, or appliances used by the Contractor, for the safety of construction work, or for compliance by Contractor with laws and regulations. X. WAIVER OF OTCA RIGHTS Consultant hereby waives all rights Consultant may have under the Oregon Tort Claims Act which arise as a result of an agency or alleged agency relationship between the parties. XI. INDEMNITY/HOLD HARMLESS Consultant shall defend, indemnify and hold harmless Owner, Owner's officers, employees, agents, and representatives from and against all claims, demands, penalties, and causes of action of any kind or character, including attorney's fees, arising out of the negligence or intentional misconduct or omissions of Consultant, Consultant's agents, employees, and subconsultants. XII. INSURANCE ho Consultant shall not commence work under this contract until Consultant has obtained all the insurance required by this Section of the Agreement and submitted a certificate of insurance to Owner; nor shall Consultant allow any subconsultant to commence work on any subcontract until this insurance has been obtained. Consultant shall maintain the insurance for the duration of this Agreement. Review of the insurance by Owner shall not relieve or decrease the liability of Consultant. B. Consultant shall maintain the tbllowing insurance for the duration of this Agreement: Workers compensation insurance in the amount required by Oregon law, and employers liability insurance in the amount of $100,000. Automobile liability insurance in the amount of $1,000,000 per occurrence, combined single limit; Owner shall be added as an additional insured; Comprehensive or commercial general liability insurance in the amount of $1,000,000 per occurrence, combined single limit; Owner shall be added as an additional insured; Professional liability insurance in the amount of $5,000,000 per claim on a claims made annual aggregate basis. liB Agreement for Consulting Services Page 8 A'TTA~HMENT .~ Page _~ - of ~ 11B Consultant shall provide Owner with certificates of insurance annually. These certificates shall provide for thirty (30) days advance written notice to Owner prior to cancellation. XIII. SUSPENSION OF WORK Owner may suspend all or a portion of the work if unforeseen circumstances beyond Owner's control make normal progress of the work impossible. Consultant may request that the work be suspended by notifying Owner of circumstances that are interfering with the normal progress of the work. All such requests shall be subject to Owner's approval. Consultant may suspend work in the event Owner does not pay invoices when due unless Owner's nonpayment is due to a billing dispute. No suspension or request for a suspension shall be valid unless stated in writing. TERMINATION A. Grounds for Termination This Agreement may be terminated (a) at Owner's convenience on 15 days written notice, or (b) for cause if either party materially breaches this Agreement through no fault of the other and does not cure such breach within 10 days after receiving notice thereof. B. In the evem of termination, Consultant shall perform such additional work as is necessary for the orderly filing of documents and closing of the project. The time spent on such work shall not exceed ten percent (10%) of the time spent on the project prior to the effective date of termination. Owner shall pay Consultant and for all work performed in accordance with the Agreement and all work necessary for filing and closing as described in this section. XV. ASSIGNMENT This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This Agreemem may not be assigned by Owner or Consultant without prior written consent of the other. XVI. NO BENEFIT FOR THIRD PARTIES The services to be performed by Consultant are intended solely for the benefit of Owner, and no benefit is conferred on, nor contractual relationship established with any person or entity not a party to this Agreement. No such person or entity shall be entitled to rely on Consultant's performance of its services hereunder. No right to assert a claim against the Consultam, its officers, employees, agents, or consultants shall accrue to the construction contractor or to any subcontractor, supplier. manufacturer, lender, insurer, surety, or any other third party as a result of this Agreement or the performance or nonperformance of the Consultant's services hereunder. Agreement for Consulting Services Page 9 XVII. FORCE MAJEURE A~ACINMIlNT_ .,4 ' Page ..Z.{9._ of ~ llB The Consultant shall not be responsible for delay caused by circumstances beyond its reasonable control, including but not limited to (1) strikes, lockouts, work slowdowns or stoppages, or accidents, (2) acts of God, (3) failure of Owner to furnish timely information or to approve or disapprove Consultant instruments of service promptly, and (4) faulty performance or nonperformance by Owner, Owner's independent consultants or contractors, or governmental agencies; nor shall consultant be responsible for delays occasioned by actions taken by Consultant which in the sole judgment of Consultant are required by sound engineering practice. Consultant shall not be liable for damages arising out of any such delay, nor shall the Consultant be deemed to be in default of this Agreement as a result thereof. XVIII. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Consultant shall comply with all applicable federal, state and local laws, rules and regulations. XIX. COMPLIANCE WITH PUBLIC CONTRACTING LAWS Consultant shall observe all applicable state and local laws pertaining to public contracts. ORS Chapter 279 requires every public contract to contain certain provisions. Pursuant to ORS Chapter 279, the following provisions shall be a part of this Agreement, as applicable. Pursuant to ORS 279.312, Contractor shall make payments promptly, as due, to all persons supplying to Contractor labor or material for the prosecution of the work provided for in such contract. Contractor shall pay all contributions or amounts due the Industrial Accident Fund from Contractor or any subcontractor incurred in the performance of the contract. Contractor shall not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. Bo Pursuant to ORS 279.314, Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person in connection with the public contract as such claim becomes due, the proper officer or officers representing the state, county, school district, municipality, municipal corporation or subdivision thereof, as the case may be, may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the contractor by reason of such contract. Pursuant to ORS 279.314, if Contractor or a first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public contract for a public improvement within 30 days after receipt of payment from the public contracting agency or a contractor, Contractor or the first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279.445 (4) and ending Agreement for Consulting Services Page 10 Fo ATTACHMENT Page _LL.. of upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279.445. The rate of interest charged to Contractor or the first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the public contracting agency or from the contractor, but the rate of interest shall not exceed 30 percent. The amount of interest may not be waived. Pursuant to ORS 279.314, if Contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279.445. Pursuant to ORS 279.316, no person shall be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as defined in ORS 279.051, the employee shall be paid at least time and a half pay: (1) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or (2) For all overtime in excess of 10 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and (3) For all work performed on Saturday and on any legal holiday specified in ORS 279.334. Pursuant to ORS 279.316, in the case of contracts for personal services as defined in ORS 279.051, employees shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under these contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections 201 to 209 from receiving overtime. Pursuant to ORS 279.316, persons employed under contracts for services shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279.334 (1)(a)(C)(ii) to (vii) and for all time worked in excess of 10 hours a day or in excess of 40 hours in a week, whichever is greater. Pursuant to ORS 279.320, Consultant shall promptly, as due, make payment to any person, copartnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employees of such contractor, of all sums which Consultant agrees to pay for such services and ali moneys and sums which the contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. --llB Agreement for Consulting Services Page 11 Ko ATTACHMENT '~ Page ../,,~. of ~ Pursuant to ORS 279.320, all subject employers working under this contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. Pursuant to ORS 279.445, Contractor shall include in each subcontract for property or services entered into by Contractor and any first-tier subcontractor, including a material supplier, for the purpose of performing a construction contract: (1) A payment clause that obligates Contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to Contractor by the public contracting agency under such contract; and (2) An interest penalty clause that obligates Contractor, if payment is not made within 30 days after receipt of payment from the public contracting agency, to pay to the first-tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph (a) of this subsection. Contractor or any first-tier subcontractor shall not be obligated to pay an interest penalty if the only reason that Contractor or first-tier subcontractor did not make payment when payment was due is that Contractor or first-tier subcontractor did not receive payment from the public contracting agency or Contractor when payment was due. The interest penalty shall be: (a) For the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and (b) Computed at the rate specified in ORS 279.314 (2). Pursuant to ORS 279.555, to the maximum extent economically feasible, Consultant shall use recycled paper. XX. FINAL AGREEMENT/BINDING EFFECT/ATTORNEY FEES This document contains all of the terms and conditions of the parties' Agreement. Any waiver or modification of the terms of this Agreement must be in writing. This Agreement shall be construed so that the plural shall include the singular and the singular shall ,include the plural. This Agreement shall be binding upon the parties, their successors and assigns. The prevailing party in any lawsuit arising out of the Agreement shall be entitled to attorney tees, costs and disbursements XXI. INTERPRETATION OF AGREEMENT This Agreement shall be interpreted in accordance with Oregon law. All provisions of this Agreement have been negotiated at arm's length. This Agreement shall not be construed tbr or against any party by reason of the authorship or alleged authorship of any provision. Agreement for Consulting Services Page 12 XXll. SEVERABILITY/SURVIVAL ATTACHMENT Page ~ of If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. Any provisions concerning the limitation of liability or indemnity shall survive the termination of this Agreement for any cause. llB XXIII. NOTICES All notices required under this Agreement shall be delivered by facsimile, personal delivery, or mail and shall be addressed to the following persons: Mr. Travis Tormanen Kennedy/Jenks Consultants 2828 SW Naito Parkway, Suite 250 Portland, Oregon 97201 Phone (503) 295-4911 FAX No. (503) 295-4901 Mr. Frank Tiwari Public Works Director 270 Montgomery St. Woodburn, Oregon 97071 Phone (503) 982-5240 FAX No. (503) 982-5242 Notice shall be effective upon delivery to the above addresses. Either party may notify the other that a new person has been designated by it to receive notices, or that the address or FAX number for the delivery of such notices has been changed, provided that, until such time as the other party receives 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 number shall be effective. XXIV. ATTORNEY FEES In the event either party commences a lawsuit or arbitration against the other, then the prevailing party shall be entitled to recover its reasonable attorney fees, costs and disbursements. XXV. AUTHORIZATION The persons executing this Agreement on behalf of the parties hereto represent and warrant that the parties have all legal authority and authorization necessary to enter into this Agreement, and that such persons have been duly authorized to execute this Agreement on their behalf. KENNEDY/JENKS CONSULTANTS By: Name: MARTHA KNOWLTON CITY OF WOODBURN By: Name: RICHARD JENNINGS Title: VICE PRESIDENT Title: MAYOR Date: Date: Agreement forConsuiting Services Page 13 ATTACHMENT Page.,/'-( of llB EXHIBIT A DESCRIPTION OF PROJECT The City of Woodburn currently provides untreated groundwater directly from wells to the distribution system. This project will construct water treatment, supply and storage facilities. The project will remove iron and manganese that are present in concentrations that create aesthetic quality problems. The project will address regulatory requirements to reduce concentrations of arsenic and radon in the existing water supply. The project will also correct existing storage deficiencies that create operational and emergency concerns. For the purpose of defining the scope of work to be performed under this Agreement, the "project can be described as follows: Construction of three treatment plants. The treatment plants will be near National Way (utilizing existing wells 8 and 10) in east Woodburn, near Country Club Road (utilizing existing wells 9 and 11 ) in north Woodburn and near Parr Road (utilizing two new wells) in south Woodburn. All three plants will be identical in size, internal configuration and architectural style. Site plans for the three treatment plant sites will be developed. Landscaping plans will be developed for each site to improve the appearance of that specific site. Project design will include all site facilities and amenities including but not limited to storm drains, sewers, roads, fencing, parking lots and exterior lighting. The treatment plants will utilize a potassium permanganate pressure filtration process. The treatment facility design will comply with all Uniform Fire Code and Building Code requirements for the use and storage of potassium permanganate. There should be provisions in the plant layout for future ferric chloride or hypochlorite use. An evaluation of the potential use of granulated ferric hydroxide for addition reduction of arsenic will be made as pad of the predesign process. A standby electrical generator will be provided at each treatment site. These should be package units capable of supplying power required for plant operation when commercial power supplies are not available. The pressure filters will be in a vertical configuration and will be located outside of the treatment building. The filter media will be an anthracite coal and manganese greensand combination. Provisions should be made in facility layout to add additional filters at the Parr Road site in the future. There will be air scour systems integrated into filter and plant design. Blowers for the air scour system will be acoustically isolated. Page I ATTACHMENT Page ~ of IIB Granular potassium permanganate will be utilized as an oxidizer. Two potassium permanganate mix tanks will be provided. A water induction feed system will be utilized to transfer the potassium permanganate to the solution tanks. Controls will be incorporated in the treatment process to prevent overdosing of potassium permanganate. The backwash system will be designed with tanks to allow for recovery of a portion of the backwash water. Use of polymer, to enhance settlement, will be evaluated as part of the predesign process. The backwash tanks will be at- grade bolted steel tanks. The use of submersible pumps or gravity transfer of backwash to the sanitary sewer will be evaluated as part of the predesign process. An evaluation of partially buried concrete tanks at the Country Club Road site will.-be done as part of the predesign process. :~ Project design includes design of all pertinent electrical and control systems. security system to detect intrusion attempts at wells, treatment plants and reservoirs will be part of the design. A Construction of two 2.2 million gallon at-grade welded steel storage reservoirs at the National Way and Country Club Road site. Construction of a small, approximately 200,000 gallon at-grade welded steel storage reservoir at the Country Club Road site. An evaluation of use of a partially buried concrete tank at the Country Club Road site will be done as part of the predesign process. A cathodic protection system will be used for corrosion control as part of the design. Coating systems will be designed to provide maximum protection of the steel to ensure long service life before replacement of the coating system is required. Tanks will be designed to meet current seismic codes. Mixing and turnover of water in the storage tanks will be maximized in the reservoir design to maintain water quality. Modeling of the reservoirs will be required to show that the mixing and turnover is obtained. 10. Provisions will be incorporated in each reservoir design for a tray aeration or similar system incorporating a venting system to be installed in each reservoir for reduction of radon concentrations existing in the city's water supply. 11. Booster pump stations will be provided for each reservoir. The booster stations will be a prefabricated package station. The booster station will have the capability to maintain existing system water pressure of 55 pounds per square inch as part of their operation and to serve as a backup for the existing elevated tank which is the current system pressure source. Page 2 12. ATTACHMENT Page ~ of A hydraulic surge analysis will be performed to ensure no problems exist in the proposed system during startup. Analysis will include the effect of sudden failure/shutoff of wells and/or pump stations. A report of the analysis will be prepared and recommendations will be incorporated in the final design. 13. 14. 15. 16. 17. Installation of two new wells. One will be located at the Parr Road treatment facility and the other will be located at a site to be determined. These wells should be gravel packed and constructed in accordance with standards of the Water Resources Division and Health Divisions drinking water program. The well house designs will be identical and electrical systems will be designed to allow plug in of existing city owned portable generators. Pumps will be vertical line shaft turbine similar to existing city well pumps. Transmission water lines will be required to connect three weJls to the treatment site. The three treatment plants will operate unattended. A SCADA system, human interface software and a telemetry system will be provided. Treatment plants, reservoirs and wells will be connected by a telemetry system to a central control room. The type of telemetry system will be evaluated and selected during predesign. The system provided as part of the design will be compatible with the existing system in use at the wastewater treatment. A 3,000 square foot water treatment maintenance and control building will be constructed at the existing public works shop location or at one of the treatment plant locations. The building will include offices, lockers, restrooms, training room and lunch room. A control room will also be included in the water treatment maintenance and control building that will provide control for all the treatment and water production facilities included in this project. This water treatment maintenance and control building will be a public facility. A public information process will be conducted that will include printed fliers for public education, status reports, public open houses and City Council workshops. Page 3 ATTA{3NMEN"r_ ,'";'J Page _.J._~_.. of 1lB Exhibit B - Scope of Work Project Tasks Task I - Project Management and Client/Consultant Communications Objectives: The project management component of a major water system improvement project such as the "Woodbum Water Treatment and Storage Project" is extremely important. The objectives of this task are to control costs, involve City staff in decision-tnakmg, and maintain project schedule. Subtask I.A; Develop Project Management Plan: With City input, a Project Management Plan will be developed. The Plan will then be submitted to the City for review. This Plan will indicme how the project will be completed, how City staff will be involved, and who will be reviewing design documents (internally and externally). The Plan will also confirm the protocol by which consultant/client communications will be handled, how the schedule will be tracked, and how project costs will be control led. Subt~sk I.B; Prepare Subconsultant Agreements: As soon as the Consultant has been given the Notice to Proceed by the City, subconsultant agreements will be developed with the team members. Defined scopes of services with not-to-exceed budgets will be developed for each subconsuitant agreement. Subtask I.C; Track Project Costs: The Consultant's Project Manager will monitor progress as compared to expenditures every two weeks throughout the project. The Consultant's "Project Status Reports" are routinely used for assessing Kennedy/Jenks progress so that costs can be controlled and potential problems can be identified early enough in the process to resolve them before they become big issues. Subtask I.D; Track Project Schedule: The Project Schedule submitted with the Proposal will be modified as the project gets underway. The Consultant will update the schedule at the end of the preliminary design phase and inform the City if there are any issues that may cause a change in the Project Schedule. Project deadlines will be established jointly by City and Consultant staff and City staff will be kept informed of work status as deadlines approach. Subtask I.E; Consultant/Client Communications: The protocol for communications will be developed during formation of the PrOJect Management Plan. The Consultant's Project Manager will generally communicate directly with the City's Program Manager regarding project issues. Other lines of communication will be opened on a situational basis as determined by the City's Program Manager. For the purpose of project budgeting it is assumed that there will be six meetings / site visits during preliminary design including decision making workshops - and six meetings / site visits during final design. The meetings will be attended by an average of 2.5 people. Value Engineering, Public Involvement, Bid Services and Construction Management related visits are included under separate Scope items. Subtask l.F; Coordinate Project Team Members: The Consultant's Project Manager Will work closely with project team members so that each person knows their role, work product expectations, deadlines, and labor allocations. The Consultant will have regular internal meetings to keep the project on track and to maximize design efficiencies. Task 2 - Quality Assurance Objectives: The objectives of the Quality Assurance task are to ensure that the each portion of the project is properly reviewed by the appropriate people. This enhances cost control and improves the quality of work products. Subtask 2.A; Develop Quality Assurance Plan: With City input, the Consultant's Project Manager will develop a Quality Assurance Plan simultaneous with the preparation of the Project Management Plan. The Quality Assurance Plan will include an approach for proper peer review by Kennedy/Jenks senior staff and where appropriate by subconsultant experts. The Plan also will identify which deliverables will be reviewed by the City, the Building Depaament, Oregon Health Division, and by others. February 5. 2002 Scope of Services - Page I ATTACH~M ENT__~~ ] ~_g Page .d ~ _. of ,._.~,(~ Subtask 2.B; Concepts and Criteria Review: The Consultant will utilize its "Concepts and Criteria Review" format to ensure that the conceptual desibm is correctly targeted to meet the needs of the City in a cost effective manner. This review takes place near the end of the preliminary design phase and will include the core design team and selected senior engineers not directly involved in the project This ½ day review meeting is primarily intended as an internal tool to the consulting team, but City staff will be invited and asked to provide input to the process. Subtask 2.C; QA/QC Review: As design documents reach the 50% and 90% stage, the team of reviewers identified in the Quality Assurance Plan will be provided with drawings, specifications, and cost estimates. They will be asked to review the documents to for clarity and detail appropriate for this particular size and complexity of project. The review team will also perform a coordination check of the various types of drawings included in the design set. The QA/QC Review at 50% will be coordinated with the 50% Value Engineering effort (Subtask 2.E). Expenses include printing, reproduction, and distribution of 50% and 90% design documents. Subtask 2.D; Value Engineering at 10% Design. A value engineering team will be assembled. It is assumed that team will include three Kennedy/lenks members and two "outside of the firm" engineers. The City may also provide representation at the workshop if they so choose. A two day workshop will be held. The City's Project Manager and Consultant's Project Manager will address the value engineering team briefly at the start of the workshop to discuss design criteria, ground rules, objectives, etc. The Preliminary Design Report and 10% design documents will be reproduced and distributed to the value engineering team in advance. It is assumed that the Project Manager and Project Engineer will again meet with the value engineering team and the City at the close of the workshop to listen to a presentation of recommendations by the value engineering team. The value engineering team will prepare a memorandum covering the team's recommendations. The Consultant's design team will prepare a memorandum addressing the value engineering recommendations and then meet with the City to discuss which recommendations to accept in whole or in part with modifications. it is assumed that a facilitator will not be retained for this workshop and the Consultant will provide an agenda for the value engineering team to follow. Subtask 2.E; Value Engineering at 50% Design. Four professionals, not directly involved with this project, with experience in key discipline areas (process, structural, architectural, and electrical) will be assigned one day each to review design documents and develop a list of cost saving recommendations. They will report findings to the prOJect manager, who will assemble a report for the City. The project manager and project engineer will meet with the City to discuss findings and determine which of the value engineering team's recommendations should be accepted. Expenses will include printing, reproduction, and distribution of 50% documents. Subtask 2. F; Internal Review of Draft Documents: In addition to the reviews described in the previous two subtasks, other documents will also be reviewed by senior staff prior to submittal to the City and to regulatory personnel. Task 3 - Public Involvement Subtask 3.A; Planning Commission Meeting: The Consultant will prepare for and participate at a Planning Commission meeting. A presentation of the preliminary design report will be made to the Commission and will include visual displays (site plans) and a Power Point presentation. The Consultant will be represented by two engineers at this meeting. Subtask 3.B; City Council Presentations: The Consultant will make up to three presentations to the City Council. it is assumed that one of these presentations will occur late in the pre-design phase or early in the design phase. The other two presentations will occur later in the design process and during the construction phase of the prOject. Subtask 3.C; Neighborhood Open Houses: The Consultant will prepare materials and attend up to two neighborhood open houses. Displays will include foam-board mounted site plans, building elevations, landscaping concepts, and other design products adapted for the open houses. The Consultant will prepare up to three flyers that will be February 5, 2002 Scope of Services - Page 2 ATTACHMENT Page _.L_~. of llB used by the City for reproduction and distribution to City residents. Task 4 - Preliminary Design Objectives: The preliminary design provides the City staff and the Consultant design team with a defined concept of what the City will receive for its money, when events will happen, and an updated opinion of how much it will cost. The preliminary design findings will enable unanswered technical questions to be resolved before detailed design begins. Subtask 4.A; Confirm Design Criteria: Using the Water System Plan and the Water Treatment Pilot Study Report as a starting point, the Consultant will review the design criteria established for the project. In addition, the Consultant will work with City staff to develop criteria for elements of the project that have not been specified. Subtask 4.B; Geotechnical Evaluation: A geotechnical evaluation of the buildings, booster pump stations, and reservoir sites will be performed. The evaluation will include five sites. The sites are: Country Club, Parr Road, National Way, Maintenance and Control Center, and the new well site. The evaluation includes the following items necessary to determine the appropriate foundation design criteria. The geotechnical investigation sites will include two borings at each of the three treatment/reservoir sites and one boring at the other two sites. The new SCADA control building and the new well sites remote from the treatment plant vicinity will each have a single boring. The borings will be of sufficient depth to determine seismic requirements. Based on a review of previous investigations and the results of a field exploration, a geotechnical office study will be conducted to provide technical input to the team on the following items: allowable foundation loads, building foundation recommendations, estimated settlements, site grading (cut and fill), construction dewatering, and lateral earth and uplift pressures. A brief review of liquefaction potential will be completed. A summary geotechnical report will be prepared describing the results of the field, laboratory, and office studies. Subtask 4.C; Topographic/Property Boundary Surveys: Surveying services will be provided for the design team's use. The surveying subtask will include the following work: i. Raw water main alignments will include known utilities within roadway plus five feet past both edges of the road. Roadway centerline elevations will be shot at 50-fi stations ii. Five facility construction sites will be surveyed. Property boundaries will be identified along with existing easement lines, if any, and topographic information at l-foot contours. Digital maps will be prepared in AutoCAD format for use in design. Subtask 4.D; Utility Evaluation: A determination will be made regarding the location and adequacy of the nearest 3-phase power, telephone, sewer, natural gas, and water distribution infrastructure. Information will be summarized in a tabular format that provides a basis for the design team to develop cost projections. iii. Subtask 4.E; Raw Water Transmission Main Analysis: The Consultant will evaluate the water main transmission needs to connect the three remote well sites to the treatment facilities. Issues, conflicts, and possible easement needs will be identified. The Consultant will work with the City to select the appropriate alignments. Consideration will be given to providing flexibility for the new wells to connect directly to the distribution system - on a temporary basis. Subtask 4.F; Facilitation of Decision Making Workshops: Data developed in subtasks 4.G through 4.0 will be used by the City and Consultant in making a series of important decisions. The Consultant values the use of "Decision Making Workshops" to ensure that the City staff makes informed decisions about how to proceed. The Consultant will prepare the information necessary to assist the City in understanding the implications of their decisions. Subtask 4.G; Oxidation and Filtration Evaluation: This task will evaluate the permanganate feed system (determination of tank and pumping needs, etc.) and vertical filter February 5, 2002 Scope of Services - Page 3 configuration (location of valves, size of filters, etc.). Subtask 4.[1; Radon Treatment Evaluation. An evaluation will be performed of four radon removal alternatives. Each of these alternatives will consider methods for radon stripping within the finished water reservoirs. The methods that will be considered include mechanical aerators, spray nozzles, splash plates, and use of plastic media. A technical memorandum will be prepared. Subtask 4.1; Backwash Recovery and Residuals Disposal Analysis: This task will develop the basis of design for the backwash recovery tanks, backwash recovery pumps, and the backwash residuals pump station. Backwash solids settling will also be evaluated with design recommendations developed for chemical pumping rates, chemical storage volumes, and mixing requirements. Consideration will be given to using partially buried concrete backwash tanks at the Country Club site. Subtask 4.J; Booster Pump Station Evaluation: This task will develop the basis of design for the booster pump stations. A surge analysis will be conducted concurrent with this subtask. Pre- packaged pump stations will be used for this project. Variable frequency drives will be included as part of the pump station package. Subtask 4.K; Reservoir Evaluation and Modeling Analysis: This task will develop the preliminary design of the reservoirs so that mixing and water tumover are maximized to maintain water quality and minimize water age and stagnant zones in the reservoirs. Operational strategies will be identified to maintain water quality. Reservoir modeling will be conducted to determine mixing and flow patterns, and to evaluate inlet/outlet/baffling configurations. A computational fluid dynamics (CFD) program will be utilized to simulate the movement of water within the tank during the fill and draw cycle. The CFD data will be used to estimate water age. A technical memorandum will describe the reservoir modeling results, tank configuration and inlet/outlet recommendations. A preliminary design evaluation will also be performed to size a reservoir proposed at the Country Club site to allow for radon removal. It is ~,TTACHMENT ~ Page ._~?--. of ~ assumed that CFD modeling will not be necessary since the reservoir will be much smaller. The evaluation will include height considerations (partial burial of tank versus expanded width of tank) so that the site aesthetics are adequately considered. Subtask 4.L; Arsenic Removal Evaluation: A comparison will be made between granular ferric hydroxide (GFH) media versus ferric chloride for future enhanced arsenic removal. A technical memorandum will be developed that includes recommendations for future treatment of arsenic if the MCL is ever reduced to 5 ppb or less or if potassium permanganate oxidation and filtration does not consistently remove arsenic to below 10 ppb. The evaluation will include estimated costs :of implementing each alternative. The selected alternative will be depicted on a process flow diagram and on site footprints. Subtask 4.M; Development of Preliminary Treatment Building Layout and Site Plan Configuration: This task will develop two altemative building layouts. It is assumed that the pressure filters will be located outside the treatment building. In addition, two alternative site plans for each site will be developed. A code check and permit evaluation will be conducted concurrent with this task. Included in this task will be a Supply, Storage, and Treatment Security Assessment. This will involve a visit to the sites by the project manager and the Consultant's security advisor. A discussion will be held with the City staff about what general types of security measures should be included in the design of the new facilities. This information would supplement a complete water system Vulnerability Assessment, if one is conducted, at a later date. Subtask 4.N Electrical and Process Control Technical Memorandum: This task includes a preliminary electrical service evaluation including emergency power generation, SCADA interface evaluation, a telemetry evaluation, and the development of preliminary process and instrumentation diagrams (P&IDs). It is assumed that each treatment site will have a pad mounted emergency generator with sound attenuation located outside the treatment building. 1 I'B February 5, 2002 Scope of Services - Page 4 Subtask 4.0 Maintenance and Control Building iv. Layout and Preliminary Site Plan Evaluation: The Consultant's architect and a civil engineer will visit the proposed site for the control building. While in Woodbum, the architect will also visit the other sites to aid in his understanding of the project prior to design. The building is assumed to be a public facility including offices, lockers, restrooms, v. training room, lunch room, and SCADA control room. The Consultant and the City will then have a ½ day workshop to discuss the building layout, size, vi. and contents. A preliminary floor plan, elevations, and site plan for the City's preferred site will be developed for City review; comments will be incorporated prior to inclusion of the preliminary vii. drawings in the preliminary design report. Subtask 4.P Preparation of Preliminary Landscape Plans: Following a meeting with City staff and a site visit, the landscape architecture team would prepare a conceptual design for the three treatment plant / reservoir sites, the maintenance and control building, and for the proposed well that will feed the South Woodbum WTP. The preliminary landscape plans will be used for permit related submittals, public involvement meetings, and to develop estimated construction costs. Comments by City staff and/or regulatory personnel will be incorporated during detailed design. Subtask 4.Q Surge Analysis: A surge analysis will be performed to assess whether the City's investment m major water system improvements is protected from water hammer during startup and m case of sudden failure / shutoff of wells and/or pump stations. Work items include: Extract data as necessary to establish a computer model that measures potential surge impacts to the distribution system at the discharge point of the three new booster stations. ii. Perform steady state flow simulations for the system with the booster pump stations operating to deliver flow to the system. Three flow scenarios will be analyzed (one per booster station). Perform simulations for pump station power failure and startup for the system based on the flow demands specified by the designer's steady state model. ATTACHMENT Page ..~-~, of liB Recommend surge protection measures for the system to eliminate possible adverse surges created as a result of the operation of the booster pump stations. This includes, but is not limited to, pressurized surge tanks, pressure/vacuum relief valves, and flywheels. Repeat tasks i, ii, iii, and iv for the "well to reservoir" piping system. Prepare a report describing the methods and results of analysis and recommendations for the safe operation of the system. Review recommended surge protection plans and specifications when design of the booster stations and wells is completed. Subtask 4.R Adjust Sheet Count and Budget for Tasks $-11 to Reflect New Information: As the project approaches the detailed design phase it will be necessary to adjust the Scope and Budget according to decisions made during the preliminary design phase. It is intended that this adjustment be made prior to beginning design to ensure that project costs are still m-line with pre-project cost projections and that the City and Consultant are all "on the same page" with regard to project expectations. Subtask 4.S Prepare Opinion of Probable Construction Costs: The construction costs will be re-evaluated at a preliminary design level of accuracy. An appropriate level of contingency will be included m the estimate. Adjustments for inflation, concept modifications, equipment pricing changes, and impacts of City staff decisions will be made. Consideration will be given to three different bidding scenarios (one construction contract, two construction contracts, and three construction contracts). Costs will be provided for each. Potential benefits of breaking the project into separate contracts will be weighed against the additional costs of doing so. This information will be summarized in a short memorandum and presented to the City for a final decision. Subtask 4.T Modify Project Schedule / Confirm Milestones: The project schedule will be modified as necessary. Milestones will be confirmed with February 5. 2002 Scope of Services - Page 5 ATTACHMENT Page ~ of llB City staff. Additional milestones will be developed where appropriate. Subtask 4.U Preliminary Design Report: Five draft copies and ten final copies of the preliminary design report will be submitted to the City. The final copies will incorporate comments from the City's review. The report will also be submitted to the Oregon Health Division for review. Task 5 -Construction of New Wells and Evaluation of Existing Wells Objectives: Evaluate capacities of existing wells, design and install two new wells, and determine what facility improvements are needed to enable the City to meet its water supply demands without impacting the schedule of the overall water improvements project. Subtask 5.A; Hydrogeology Evaluation: The Consultant's hydrogeologist will prepare a report that recommends the proper well design and drilling protocol. The hydrogeology evaluation will be based on well locations identified by the City as preferred sites. The report prepared as part of this evaluation will also summarize water fights information, known aquifer characteristics, and the well depth / water level depth of the City's existing wells. Water rights applications are not included in this task. The evaluation will include analysis of existing wells to determine whether individual well capacities could bo altered to reduce sand problems at Well 9 and whether current pump capacities are appropriate in the future for the other wells. Subtask 5.B; Evaluation of Existing Well Pumps and Motors. The four existing wells will be evaluated to determine whether modifications need to be made to the well pumps and/or the motors. Recommendations will be included in the "Well Facilities Technical Memorandum". Subtask 5.C; Well Facilities Technical Memorandum: An analysis will be conducted regarding siting and design of the wells. The analysis will include the hydrogeology evaluation as an attachment. Subtask 5.D; Well Design: The well will be designed and specifications will be developed that stipulate casing size, drilling parameters, hydraulic testing requirements, method for pump test water disposal, and other contractor coordination requirements. Subtask 5.E; Well Drilling Contractor Procurement: The Consultant will provide assistance in procuring the contractor necessary to perform the well installation and testing work. This assistance will include delivery of design documents to the City, answering bid period questions, and performing a review of contractor bids. Subtask 5.F; Drilling Oversight: A geologist will be on site during drilling of the two wells to observe progress and inspect the installation of screening and casing. Subtask 5.G; Pump Test/Water Quality Testing: The Consultant will provide recommendations for pump testing and water quality analysis. It is assumed that the Contractor will provide and pay for the pumping equipment and laboratory testing. The Consultant, however, will provide onsite observation and sampling periodically during the 24-hour pump test as defined in the project budget. Task 6 - Well Facilities Design, Bid, and Construction Services Subtask 6.A; Well Equipment and Well-House Design: This task consists of preparing plans and specification for two wells as shown in the sheet count. The design will utilize vertical line shaft turbine pumps and the well houses will be similar in appearance to the City's existing wells. A sheet count for this work is included on the budget breakdown. Subtask 6.B; Well Facilities Bid Services; The Consultant will reproduce and distribute copies of the contract documents including the project manual and the plans for the well facilities. The Consultant will maintain a Plan Holders List and will answer questions that occur during the bid period. In addition, the Consultant will coordinate a pre-bid meeting / site visit for potential bidders. The Consultant will attend the bid opening, evaluate the bid packages, and make a recommendation to the February 5, 2002 Scope of Services - Page 6 ATTACHMENT Page~ ?,,, of 11B City with regards to the lowest responsive responsible bidder. Subtask 6.C; Well-House Construction Support: The Consultant will perfoma the same construction services described in Task 9 for the construction of the well facilities. The level of effort will, of course, be less for the well facilities than for the rest of the pr°Ject, but the same construction service elements are necessary for the project. The onsite inspection needs required of the Consultant are assumed to be somewhat less for the well facilities as compared to the larger project. The table below includes the assumptions used for developing the inspection budget for Task 6.C. Pan-Time Inspector 8 hrs. per week 20 weeks Geotechnical I day total, on as During Site Engineer needed basis Preparation Subtask 6.D; Startup Assistance: The Consultant will provide two person-days of assistance during startup including answering operator questions, troubleshooting, ensuring that the contractor and appropriate vendors are available for resolving issues that may come up. Task 6.E; Operations Related Services: The operations related services associated with the wells have been budgeted as part of Task 12 rather than be included in this section. Task 7 - Detailed Design (All Facilities Except Wells) Objective: the objective of the design phase is to produce high quality cost effective contract documents in a timely manner that reflect the decisions made by City staff. The detailed design will include six core project areas plus development of an opinion of probable costs and preparation of a project manual with specifications. Each of the core design areas will include civil, mechanical, structural, landscape, electrical, instrumentation, architectural, and/or general plan sheets with associated specifications and contract requirements. The Sheet Count and Project Assumptions provided in the project cost section of this proposal provide more detailed information about these design subtasks including project labor requirements. Subtask 7.A; Treatment Facility and Backwash Recovery Design: This task consists of preparing plans and specifications for the three treatment facilities as shown in the sheet count. Subtask 7.B; Reservoir Design: This task consists of preparing plans and specification for the two 2.2 MG ground storage reservoirs and one smaller ground storage reservoir including radon removal structures and/or equipment as shown in the sheet count. Subtask 7.C; Maintenance and Control Building Design: This task consists of the design of a new 3,000 square foot public facility including offices, lockers, restrooms, training room, lunch room, and SCADA control room. Subtask 7.D; Transmission Pipe Design: This task consists of preparing plans and specifications for the raw water pipelines conveying untreated water to the treatment facilities and the connections from the facilities to the distribution system as noted in the sheet count. Subtask 7.E; Booster Pump Station Design: This task consists of preparing plans and specifications for the three pump stations serving the new reservoirs as shown in the sheet count. Subtask 7.F; Instrumentation & Control: The SCADA system, human machine interface sot?~ware, and telemetry system will be designed to be compatible to equipment that the City is satisfied with at the wastewater treatment facility. The design will include building intrusion alarms. Subtask 7.G; Project Manual Preparation: The project manual will include Division 0-17 specifications in CSI format. It is assumed that Kennedy/Jenks General Conditions and standard speeifications will be used for this project. The City February 5, 2002 Scope of Services - Page 7 ATTACHMENT. Page _;:=~. of liB will be provided the opportunity to review the General Conditions and Standard Specifications. Subtask 7.H; Opinions of Probable Construction Costs: Costs will be estimated for the 50% and 90% design submittals and will be updated at the time of bidding. Task 8 - Permitting & Code Compliance Objective: The objective is to proactively identify and assist the City with permitting needs so as to avoid "surprises" that may impact the project schedule. Subtask 8.A; Identification of Permitting Requirements: The following is our current understanding of the permits required for this project: 1. Building Permit for the treatment plant, issued by the City of Woodbum. 2. Plumbing Permit for the treatment plant plumbing, issued by Marion County. 3. Water Rights Permit for the maximum quantity to be developed, issued by the Oregon Water Resources Department. Subtask 8.B; Code Check: Kennedy/Jenks will verify code compliance during its Quality Assurance phase and Concepts and Criteria Review identified previously in Task 2. The Code Check will include the Maintenance and Control Building. Subtask 8.C; Oregon Health Division Coordination: Preliminary conversations with City of Woodbum staff have indicated that involvement from the Oregon Health Division (OHD) will be minimal. Kennedy/Jenks will provide a copy of the Pre-Design Report and the Permit Issue plan set to OHD, but it is not anticipated that OHD will have significant comments and/or input into the design. Subtask 8.D; Oregon Water Resources Department Coordination: Oregon Water Resources Department (OWRD) is primarily concerned about municipal water providers' authorization to take water from groundwater or surface water for beneficial use. The infrastructure elements of the delivery system are of little to no concem to OWRD except to the extent they affect the amount of water used. The Consultant will review the OWRD application prepared by the City. Subtask 8.E; Design Review Coordination (Building Permit/Streets/Etc.): Building Permits: Kennedy/Jenks will submit two sets of Permit Issue plans and specifications to the City of Woodbum Building Division. Plans shall include, at a minimum, building plans, cross sections, and an overall site plan. Separate applications will be submitted for the well-house project and the larger design project that includes the three treatment facilities and the Maintenance and Control Building. It is assumed that the City will pay any permit fees. Task 9 - Bid Period Services Objectives: The objectives of the Bid Period Services are to procure a qualified General Contractor in a fair and efficient manner. Subtask 9.A; Pre Bid Conference and Site Visit Participation: The Consultant will be represented by two people at the pre-bid conference and site visit. It is assumed that a single pre-bid conference and site visit will be held. Subtask 9.B; Answering Questions Regarding Bid Documents: The Consultant will answer Contractor and Vendor questions during the bid period. The questions will be used to develop project addenda where appropriate. Subtask 9.C; Development of Project Addenda: For this size and complexity of project, it is anticipated that up to four project addenda will be necessary. The Consultant will develop the addenda and submit them to the City for reproduction and distribution. Subtask 9.D; Attendance at Bid Opening: One person from the Consultant team will attend the bid opening. Subtask 9.E; Bid Tabulations and Reference Check. The Consultant will review all bids, enter data onto spreadsheets, verify bid calculations, and verify that proper bid attachments have been submitted. The Consultant will check the Contractor's references provided with the bid and submit recommendations to the City. It is assumed February 5, 2002 Scope of Services - Page 8 that there will be one general contractor for the work except for the well installation and well pumping facilities. Subtask 9.F; Reproduction and Distribution of Bid Documents: The Consultant will provide this service with the assistance of a Portland area reproductive service that will allow on-line viewing of construction documents by prospective bidders. Subtask 9.G; Prequalification of Bidders: The Consultant will provide assistance with prequalifying bidders including development of selection criteria, evaluation of contractor submittals, and participation on a selection committee. This prequalification process may enhance the chances of quality contractors winning the bid(s) to perform construction activities for the C ty. Task 10 - Construction Phase Services Objective: During the construction phase, the objective will be to help control project costs by maintaining a positive relationship with the contractor, minimizing change orders, and helping to keep the project on schedule. Subtask 10.A; Consultant Work Plan and Mobilization: The Consultant's Project Manager will develop a Construction Quality Assurance Plan. An internal meeting will be held with team members to discuss the Plan and to discuss project communications protocol. Once the Engineer's trailer has been placed onsite with an electrical hookup by the Contractor, the Consultant will setup the appropriate computer equipment and will provide supplies for the trailer. Task 10. B; Preparation of Conformed Drawings: The Drawings will be modified to include changes listed in project addenda. The Conformed Drawings will highlight addenda items. Copies will be made (total of six) and distributed to the City, the General Contractor, the inspection staff, and to the project engineer. Two additional copies of the project manual will also be prepared for the Engineer's trailer. These copies will be used as "marked up" copies for denoting ~'I"I'AOHMENT ~. Page ~-~.-. of ~ ~ clarifications and changes that occur during the project. Task 10.C; Conduct Pre-Construction Conference: The Consultant will prepare an agenda for the City's review prior to the Conference and prepare meeting notes after the conference. [t is assumed that the Consultant will be represented by two individuals at the Pre-Construction Conference. Task 10.D; Shop Drawings / Requests for Information: Shop Drawings: The Consultant will coordinate and process correspondence, submittal, shop drawing, and request for information, and maintain a log for each of these items. The logs will:be maintained by an appropriate numbering system, such as the contractor's submittal number and the specification section. Each log will also keep track of the number of days taken to review or respond to each piece of correspondence or submittal. The number of shop drawing hours required for review was assumed based on projects of similar size and complexity normally encountered by Kennedy/Jenks. It is assumed that the resubmittal rate will be 25% of the total number of shop drawings. RFI's, Clarifications and Interpretations: A log will be maintained of the clarifications and interpretations provided to the contractor. These clarifications will be posted to appropriate contract drawings. The Kennedy/Jenks Consultants Office Coordinator will gather information and prepare responses to RFI's. Task 10.E; Construction Observation: The Resident Engineer will be responsible for the day-to- day oversight of construction activities, including. coordination of construction support activities, verification that the work is completed in general conformance with contract documents, and compliance with project schedules and budgets. The Resident Engineer will monitor compliance with contract terms through performance measurements, progress pay assessment, coordination, and progress meetings. The Resident Engineer will also monitor the Contractor's progress of work and compare the progress of work against the Contractor's baseline schedule. This task will include: I1B February 5, 2002 Scope of Services - Page 9 Level of DUration of Personnel Involvement I~volVement Resident Engineer 44 hrs. per week 78 weeks Geotcchnical 9 days total, on Throughout Engineer as needed basis Project *It is understood that the City will hire an inspector to assist the Resident Engineer with the day to day monitoring of the contractor's work. Task 10.F; Progress Meetings: The Consultant will conduct weekly progress meetings at the site. The Contractor's Project Manager and Superintendent, Subcontractors, the Consultant's Project Manager, Design Engineers, Resident Engineer, inspectors, and the City's Program Manager will each participate in some of the progress meetings. These meetings will provide a forum to review construction progress, methods, and other project-related issues with the City and will provide a forum for the discussion and, if necessary, resolution of scheduling issues such as planned shutdowns and connections, progress of construction, construction difficulties, other issues affecting the performance of the Contractor and successful completion of the project. The Consultant will prepare a combined agenda and minutes of the previous meeting and distribute this document to participants prior to each meeting. Items to be discussed will be numbered by date and item number. Items will not be removed from the agenda until they are fully resolved. The Consultant's level of involvement in the meetings will include weekly attendance by the Resident Engineer and periodic participation by other staff- as indicated in the budget breakdown. Task 10,G; Project Records, Reports, and Communications: The Consultant will maintain, at the job site office, orderly files of correspondence and field memoranda, reports of job conferences and meetings, shop drawings and samples, copies of original Contract Documents including all work directive changes, addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract, clarifications and interpretations of the Contract Documents, progress ATTACHMENT ,~z~,~ , Page ~. of _ , reports, daily reports, and other project related documents. The Consultant will keep and provide the following records and written communications. Duplicate copies of these records will be kept in two dedicated file cabinets at the site. The City will be provided access to these files at all times and will maintain ownership of one set of the records upon project completion. Communications will include: Daily reports: These reports will include a record of Contractor hours on the job site, weather conditions, data relative to questions of work directive changes, change orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Monthly Summary: The Consultant and the Contractor will prepare a monthly summary of the work in progress for submittal to the City. Each monthly report will include a summary sheet with the following information: · Original Contract Amount · Total Number of Change Orders · Total Dollar Value of ail Change Orders · Current Total Contract Cost · Total Progress Payment Requests to date · Percent of Contract Complete on a dollar basis · Total Number of Days of the Contract · Total Number of Days added by Change Order · Current Total Number of Days of Contract · Percent of Contract Time elapsed Testing: The City will be consulted with in advance of scheduled major tests, observations or start of important phases of the work. The Contractor will be responsible for selecting, scheduling, and paying for special inspection. The City.will have the right to approve of the special inspection firm. Notification: The Consultant will report immediately to the City any observation or notification of the occurrence of any job site accidents. Task 10.H; Photographic Records: The Consultant will take photographs of the job site before beginning of the construction. The photographs will record the existing site conditions. This will give the Contractor an opportunity to identify damage llB Februa~ 5.2002 Scope of Services - Page 10 ATTACHMENT ,~ Page _.~.7_.. of 11B prior to the start of construction. During construction, photographing will continue to provide a visual record of the construction progress. The photographs will be logged and filled in an appropriate manner. Task 10.1; Semi-Final and Final Punch Lists: The Consultant will conduct a final compliance inspection with the contractor and prepare a final list of items to be completed or corrected. We anticipate that the final compliance inspection will also include the City's program manager and operations and maintenance staff. Task 10.J; Final Project Review and Closeout: After completion of construction, the Consultant will: · Conduct a final review of the project with the City's program manager and operations and maintenance staff, observe that items on final list have been completed or corrected and make recommendations to the City conceming acceptance. · Prepare the final pay estimate and close out and deliver the project files. · Assist the City with preparation of a certificate of Substantial Completion, and other completion documentation required by the City and State agencies. Prepare and submit to the City a final construction closeout report describing the construction project, costs, changes, problems, schedule, and recommendations for future projects. Task 11 - System Startup Objectives: The objective of System Startup is to ensure that the system components are each properly tested with City operations staff on site to both help with the process and to learn about the operation of the new equipment and systems. Subtask Ii.A; System Startup: The Consultant will work with City staff and the Contractor to develop and implement a start-up operations plan and schedule for the treatment plants, wells, pump stations, and reservoirs. The plan will address general process start-up procedures and requirements. The start-up plan and schedule will be coordinated with the plant operations staff, project manager, individual designers, vendors and contractors, and will define specific start-up milestones. The Consultant will provide a total of 40 hours of onsite startup assistance in addition to the Resident Engineer and Instrumentation & Controls Integration staff. Subtask II.B; Operator Training: The Consultant will provide a 2'/z day class for operators so that they can develop an understanding of the overall water system improvements and the operational and maintenance requirements associated with them. The task includes trainer preparation time for development of presentation materials and coordination / organization of the training sessions, participation in the classroom event, and follow-up to any questions that the operators may have. This task is in addition to equipment specific training conducted by equipment suppliers. Task 12- Operations Related Services Objectives: This task includes tasks that enhance system operations. A number of tasks will be performed after startup during the first year of operation. Objectives are to make facilities easier to operate, make facilities easier to expand/modify, and to protect the City's investment. Subtask 12.A; Operation and Maintenance Manuals: The Consultant will prepare an Operation and Maintenance Manual in addition to the equipment manuals provided by vendors. The manual will include an introduction, general operating descriptions, start up and shut down, chemical dosing calculations, record keeping, safety considerations, routine maintenance, emergency procedures and contacts. Subtask 12. B; Record Drawings: Record drawings will be prepared for the project to incorporate modifications related to alignment shifts, change orders, and other project modifications. Subtask 12.C; Troubleshooting/Operations Support: During the first year of operation, the Consultant will provide as needed support to operations staff regarding process nuances, answer other questions that may come up regarding performance of facilities and HMI issues, and address other needs as they arise. February 5, 2002 Scope of Services - Page 11 Subtask 12.D; Warranty Enforcement: it is typical for large water system facilities such as those proposed for the City to have a number of warranty issues during the first year. The Consultant will provide support in enforcing the warranties of the General Contractor and equipment suppliers. Subtask 12.E; SCADA and PLC Programming Modifications: As operations staff become accustomed to using the new water supply, treatment, and storage facilities, it is inevitable that areas will be identified where SCADA and PLC modifications could be made to best meet the long- term needs for controlling and monitoring the water system. Kennedy/Jenks will assist the City's programmer in develop, ing these enhancements so that operations staff~ can achieve maximum satisfaction and performance from the project Subtask 12.F; One-Year Certification / Punchlist Preparation: The Consultant will provide assistance in developing a protocol for measuring plant performance and assessing physical adequacy of constructed items before the warranty period ends. A punchlist of corrective action items would be prepared for the General Contractor to take care of. Task 13 - Programming Services Objectives: The objectives of the programming services are to enhance operability of the new facilities, minimize risk of coordination/startup problems, and allow for future modifications of operations staff by avoiding proprietary equipment. These objectives will be accomplished by having the SCADA and PLC programming performed as a professional service by the Consultant rather than by a low-bid subcontractor. This work will begin in the latter stages of the design phase allowing for maximum coordination between the instrumentation, mechanical, and programming disciplines. The City's existing type of controls hardware and software will be utilized on this project where practical. Subtask 13.A; New Well Facilities PLC Logic Design and Programming: The PLC Logic programming will consist of the following work items: ATTACHMENT Page -~ of · Configuring the PLC communication parameters. · Configuring the PLC I/O modules. · Converting the control descriptions to PLC Ladder Logic. Subtask 13.B; New Well Facilities Human Machine Interface (HMI) Design and Programming: The design and programming of the HMI application will be performed in close coordination with City staff using Wonderware. The work will include the following work items: · Create tag database from the PLC ldO list. · Create screen graphics. · Configure the alarming, historical logging, and I/O Server. Subtask 13.C; Treatment/Storage Facilities PLC Logic Design and Programming: The PLC Logic programming will consist of the following work items: · Configuring the PLC communication parameters. · Configuring the PLC ldO modules. · Converting the control descriptions to PLC Ladder Logic. The City's proposed new control building will be considered as part of the design. Subtask 13.D; Treatment Reservoir Facilities Human Machine Interface (HMI) Design and Programming: The design and programming of the HMI application will be performed in close coordination with City staff using Wonderware. The work will include the following work items: · Create tag database from the PLC I/O list. · Create screen graphics. · Configure the alarming, historical logging, and I/O Server. The City's proposed new control building will be considered as part of the design. Subtask 13.E; O&M Manual Sections. New O&M Manual sections will be developed and incorporated into the O&M Manuals for the overall treatment and storage project. The manuals will February 5, 2002 Scope of Services - Page 12 include the same components described in Subtask 12.A. Subtask 13.F; Construction Observation, Installation, and Startup. The Consultant's programmers will observe installation of Contractor provided PLC and computer equipment, install the ladder logic and HMI at the work sites, and go through the testing and startup procedures. Subtask 13.G; Training. The Consultant will incorporate PLC and HMI training into the overall project training program. In addition, to the prOject specific training provided by the Consultant, it is recommended that the operators attend training specific to the type of sof~ware used on this project. Subtask 13.H; Documentation (Record of Changes). The Consultant will document changes to the design including ladder logic, drawings, and HMI screens. Final documentation will be incorporated in the Record Drawings (Subtask 12.B) and O&M Manuals (Subtasks 12.A and 13.E). Subtask 13.1; Project Management. The schedule and budget will be monitored in accordance to the Project Management Plan that will be developed as part of Task 1. Subtask 133; Quality Assurance / Quality Control. A senior instrumentation engineer will review work products at 10%, 50%, and 90% to monitor work quality and make suggestions related to improving efficiency and/or functionality of the design work. Subtask 13.K; Meetings (Internal, City, Design Team, Vendors). It is assumed that 12 person-days will be required to attend the various meetings associated with accomplishing Task 13 activities. Task 14- Special Services Purpose. The Special Services task includes optional work items that may be authorized for completion at the City's discretion. This task provides the City with flexibility in making decisions. The City may: · Authorize any or all of the subtasks described herein Decide not to complete any or all the subtasks described herein. A?'fA~HMI!NT J Pa.cio _~.¢_. of: ~ · Negotiate a change in Scope and Budget for any of the subtasks described herein to reflect changes in circumstances and/or needs. · Work with the Consultant to develop additional Special Services subtasks, as budget allows, to replace or augment subtasks described herein. It is understood that the Consultant may not begin work on any of the Special Services subtasks without prior authorization by the City. Subtask 14.A; Public Education. Public education related activities have not been firmly defined at this time. Prior to authorization of public education subtasks, further discussion and a refinement of scope and budget will be necessary. Public education possibilities include: · Web-based interactive display for public use such as an animated "water system tour" or a less complex photographic based interlinked web site, · Physical model(s) of water treatment and storage facilities, · Artists Renderings · Graphic Exhibits for public settings (i.e. schools, libraries) The budget that has been allocated to this subtask provides the City with some flexibility in choosing an approach that will provide cost effective educational opportunities for the public. Subtask 14.B; Multiple Construction Contract lmpacts. An eValuation will be made during preliminary design regarding whether to bid the Water Treatment and Storage PrOject with separate schedules toallow multiple contracts to be let. This subtask assumes that three general contractors will be obtained for this project. If less than three contracts are let than this subtask may be less extensive or possibly not necessary at all. The three contractor scenario is as follows: · Treatment Contractor Reservoir Contractor · Control Building Contractor llB February 5, 2002 Scope of Services - Page 13 The division of work between the contracts needs to be carefully defined during the design phase. One question that needs to be answered is should the backwash recovery tanks be included in the contract with the 2.2 MG reservoirs. It is assumed that the reservoir contractor will construct the radon stripping equipment. This subtask includes the following work items which would supplement Tasks 1, 7, 9, 10, and 12 Design Phase Supplemental Work. It is assumed that the design documents will be modified to include three bid schedules. The contractors would be allowed to bid on only those schedules that they were pre-qualified for. Use of this "bid schedule" approach provides a cost benefit in that the Consultant can still prepare and assemble a single bid package. Supplemental design work necessary to bid the three schedules would include: · Preparation of three sets of front-end specification documents including sections 00300 (bid form), 00410 (bid security), 00430 (subcontractor list), 00431 (subcontractor qualifications), 00480 (non- collusion affidavit), 00500 (agreement), 00610/00620 (bonds), 01010 (summary of work), 01025 (measurement and payment), 010140 (coordination and project requirements), 01300 (submittals), and 01650 (facility startup). The different sets of Division 0 and I documents would be separated by clearly labeled dividers to help the contractors avoid confusion. · Delineation of work between contractors on the project drawings. It is assumed that one additional sheet for each of the three treatment/storage sites will be necessary to define the work requirements associated with each contractor including definition of staging areas and other coordination requirements. Bid Phase Supplemental Work. The bid phase of the project would change somewhat by having three bid schedules. The changes include additional reproduction expenses related to the additional specification requirements, additional time spent answering questions, the possible need for a fifth addenda to clarify contractor's coordination questions, and additional time for review and tabulation of the bid submittals. Also, the amount of ATTACHMENT ~ Pago~ of ~'~ interested bidders could be expected to increase the work effort associated with pre-qualification of contractors. Construction Phase Supplemental Work. Splitting the pr°Ject into three construction contracts would have a significant impact to the construction services portion of the project. Impacts would include: · Project management requirements would increase to properly oversee the additional work described in the following paragraphs. · Three pre-construction conferences would be necessary instead of one. · Correspondence and general submittals such as schedule updates and erosion control plans would increase. The number of technical shop drawings will increase if the project is split into three contracts (i.e. separate submittals for architectural work, concrete mix designs, granular backfill, pipe, valve, and protective coatings, etc.). · The number of progress meetings would substantially increase. · The amount of time required to review and negotiate monthly pay requests would significantly increase. · Closeout / Punchlist coordination would increaso due to an increase in the number of contractors involved. To accommodate the additional paperwork, filing, and meetings associated with oversight of the various contractors, the Consultant would provide an assistant to the Resident Engineer on the site an average of one day per week (two days during periods of heavy activity, no days at other times). Operations Related Supplemental Work. The warranty enforcement task likely would require additional effort because of an increase in the number of contractors in vol veal Subtask 14.C; Additional Permitting Assistance The level of effort required for project permitting is often difficult to predict on large projects. Several permitting related activities are included in this project in Task 8. If any permitting needs are identified that require greater effort than has been identified, and if the City wishes to use the Consultants services on any of the additional II:B February 5, 2002 Scope of Services - Page 14 permitting work items, then this subtask can be defined and authorized. Subtask 14.D; Easement Related Surveying and Coordination. The final raw water pipeline alignments have not been determined. If the pipeline alignments require landowner / easement coordination, then this subtask can be authorized once the scope and budget have been refined to reflect actual needs. It is anticipated that this subtask may include surveying, development of legal descriptions, and coordinating utility locates. Subtask 14.E; Construction Schedule Overrun Impacts. One of the most frequent reasons that professional service budgets exceed budgets is related to construction schedule problems. This task provides funding for up to four months of additional construction oversight activities in case the Contractor fails to complete the work on schedule. The City may be able to recover some of the cost of this subtask by assessing liquidated damages on the Contractor. Task 15 - Unscheduled Tasks Objective: The objective of this task is to allow the City adequate flexibility to complete the work necessary for the Water Treatment and Storage project by creating the ability to add minor scope items to the Consultant's contract as necessary. Description of Task. It is anticipated that during the course of the project additional professional services work items may be identified as being desirable to include in the project. If and when that occurs, the City and the Consultant will negotiate a scope and budget for specific subtasks. The public works director has the authority to authorize work as needed under this subtask. The Consultant may not use any of the budget allocated for this Subtask without prior authorization by the City. Activities that may be given consideration for completion as part of Task 15 include additional public involvement and public education, preparation of a Vulnerability Assessment, additional site specific architectural features, site perimeter security systems, and/or project related improvements to existing storage and well facilities. ATTACHMENT Page 2.Z_. of Estimated Sheet Count For the purposes of this proposal, it has been assumed that the project will be bid as a single construction contract except for the well drilling, well pumping facilities, and a temporary connection to the distribution system. The Sheet Count will be adjusted to reflect any preliminary design decisions that impact the size or complexity of the prOJect. The project Sheet Count used to develop the proposed fee for this project appears in the cost section of this proposal. Deliverables Project deliverables are listed below,: Project Management Deliverables (1 each) Project Management Plan Monthly Status Updates Monthly Invoices Draft Agenda for Meetings Meeting Notes Quality Assurance Deliverables (l each) Quality Assurance Plan Preliminary Design Deliverables (5 each} Technical Memoranda (For each subtask, 4.D, 4.E, 4.G - 4.0) Draft Preliminary Design Report Final Preliminary Design Report Well Installation Deliverables (5 each) Draft Well Design Documents with Hydrogeology Report Final Well Design Documents Detailed Design Deliverables (5 each) 50'% Design Drawings with List of Specifications and Opinion of Probable Construction Cost 90% Design Drawings and Project Manual with Opinion of Probable Construction Cost Final Design Drawings and Project Manual with Opinion of Probable Construction Cost Permitting and Code Compliance Deliverables The deliverables for subtasks 8.A and 8.B will be included as part of the preliminary design report. It is assumed that up to five copies of the preliminary design report, well installation drawings, and the construction plans and specifications will be submitted to the various liB February 5, 2002 Scope of Services - Page 15 funding agencies in addition to the copies of these documents that will be provided to the City. Bid Services Deliverables (2 each) Addenda Nos. 1-4 Construction Services Deliverables (1 each) Request for Information Responses Shop Drawing Review Letters Request for Quotations Draft Change Order Documentation Other Contractor/Consultant Correspondence (as needed) Daily Inspection Reports (upon project completion) ATTACHMENT ~zt Page ~ of ~ Progress Payment Recommendations (monthly) Startup Deliverables (5 copies) Startup Operations Plan Operations Related Services Deliverables O&M Manual (4 copies) Record Drawings (1 electronic copy; copy) I hard llB February 5, 2002 Scope of Services - Page 16 ATTACHMENT Page ~.~~_ of 1lB ATTACHMENT /~ llB Page,~~'- of ~ - I. TIME EXHIBIT C COMPENSATION RELATED CHARGES Time related charges for Kennedy/Jenks Consultants shall be the total number of hours worked on the Project by each employee, multiplied by the personnel compensation rate shown on the Kennedy/Jenks Consultants Schedule of Charges included with this exhibit. II. DIRECT EXPENSES Direct expenses are charges, other than those included in time related charges above, incurred directly for the Project. Direct expenses include subcontractors and other expenses. The subconsultants that are anticipated for this project include: 1. Economic and Engineering Services, Inc. for reservoir design. 2. Flow Science Incorporated for specialty hydraulic analysis. 3. Percival and Shapiro for landscape architecture. 4. J&R Surveyors for surveying. 5. GeoEngineers for geotechnical evaluation. All subconsultant services shall be billed at cost. Other direct expenses incurred by Consultant and subconsultants shall be billed at cost. Direct expenses, excepted as specified below, shall be billed at standard billing rate. Direct expenses include, but are not limited to: Services and Equipment such as special accounting services, computer and electronic data processing, field vehicle usage, field testing and laboratory analysis. Reproduction services including reproducing drawings, photocopying, printing and binding. Communication costs such as telephone, facsimile, telegraph, cable, express delivery and postage. 4. Subcontracted services. Page 1 ATTACHMENT _.~'~ Page ~.~. of - Living and travel expenses of employees when away from their home office. An effort shall be made to minimize travel expenses by traveling coach class on airlines and reserving standard hotel rooms. Automobile mileage at 40 cents per mile except for mileage for the resident inspector which will not be reimbursed. 1lB III. LIMITATION OF COST AND TIME Consultant estimates that the cost for services described in Exhibit B shall not exceed $3,432,000.00 and that the time for completion of the Project shall be as stated in the Agreement. Consultant shall use its best efforts to perform the work specified within the estimated cost and time. If Consultant believes the cost will exceed the estimate, Consultant shall notify Owner. The notification will include the revised cost estimate and/or the revised time for completion. Consultant agrees that Owner may perform certain activities that the Owner has determined can be done more cost effectively by the Owner. Owner and Consultant staff will discuss potential scope and budget impacts prior to removing items from Exhibit B and making them Owner performed activities. The reduction derived from this activity will be limited to 10 percent of the not to exceed cost of services unless agreed to by the Consultant. Owner shall not be obligated to pay Consultant for costs incurred in excess of the estimate unless Owner agrees to do so. Consultant shall not be obligated to continue performance under this agreement or otherwise incur costs in excess of the original estimate unless and until Owner agrees to increase the authorized cost. Page 2 Client: City of Woodburn Effective Date: February 4, 2002 Schedule of Charges Personnel Compensation Classification Non-Technical Support Staff Word Processing Drafter/Technician Staff Engineer/Scientist Senior Technician/Designer Sr. Staff Engineer/Scientist Engineer/Scientist Associate Engineer/Scientist Senior Associate Engineer/Scientist Senior and Principal Engineer/Scientist Project Administrator KENNEDY/,IENKS CONS[. [. FAN FS ATTACHMENT 5 ~ Pago ~ of. $43 $56 $68 $78 $81 $87 $I10 $122 $126 $138 $57 llB The above Hourly Rates include normal and incidental costs such as routine communications and office supplies. Direct Expenses Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at actual cost for items such a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, contractors, and other outside services. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Specific teleconununications and delivery charges. e. Special fees, insurance, permits, and licenses applicable to the work. f. Outside computer processing, computation, and proprietary programs purchased for the work. Reimbursement for owned automobiles, except trucks and four-wheel drive vehicles, used in connection with the work will be at the rate of 40 cents per mile. The rate for field vehicles assigned to a project will be $40 per day with no charge for mileage. Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the Hourly Rates specified above. Reimbursement for use of computerized drafting systems (CADD) will be at the rate 0[$5 per hour. Reimbursement for laptop computers assigned to tull-time field staffwill be at rate of $30 per week. The cost for use of other computer systems is included in the hourly rate shown above and will not be reimbursed separately. Other in-house charges for prints and reproduction, equipment usage, laboratory analyses, etc. will be at standard company rates. The foregoing Schedule of Charges is incorporated into the agreement for the services provided. The personnel compensation rates are in effect as of the date listed above. The rates will be escalated by four percent annually, beginning with the July 2002 invoice. I llC February 11, 2002 TO: FROM: SUBJECT: Honorable Mayor and City Council John C. Brown, City Administrator~ Ordinance Ratifying the Granting of Cable Television Franchise to Willamette Broadband ,LLC. Recommendation: It is recommended the City Council adopt the attached Ordinance Ratifying the Granting of a Cable Television Franchise to Willamette Broadband, LLC. Background: The City Council has previously adopted ordinances approving the transfer of the City's cable television franchise from Direct Link of Oregon to Willamette Broadband LLC. Transfer approval was made contingent on the successful negotiation of a renewed franchise agreement with Direct Link, on Willamette's posting of performance and security bonds, and on Willamette's written agreement to remedy any historical violation or default committed by Direct Link related to its franchise. On December 10, 2001, the Council adopted an ordinance renewing the cable franchise with Direct Link, effective January 2, 2002. Direct Link executed an acceptance of the franchise on December 14, 2001. Discussion: Direct Link's sale of the cable system to Willamette Broadband was completed in mid-December, 2001. Pursuant to the terms of the franchise transfer, Willamette obtained the necessary performance and security bonds, prior to the effective date of the new franchise. Pursuant to the franchise agreement, the cable operator's acceptance was to be received prior to the Council's issuance of franchise approval. The transfer ordinance required a letter from Willamette Broadband agreeing to remedy any historical violation or default committed by Direct Link related to its franchise. As indicated previously, the acceptance letter was received after the Council's December 10th meeting. Due to an oversight, the letter from Willamette agreeing to remedy historical violations or defaults was not received until after the franchise effective date of January 2, 2002. A copy of that letter is included as Attachment 1. Honorable Mayor and City Council February 11, 2002 Page 2. llC To correct for these minor inconsistencies and to protect the integrity and validity of the franchise, a letter of franchise acceptance was sought and received from Willamette Broadband, and is incorporated into the attached ordinance. Willamette also provided a recap of its provision of performance and security bonds, and a reiteration of its agreement to remedy historical violations or defaults that may have been committed by Direct Link. To further protect the integrity and validity of the franchise agreement, an ordinance ratifying the granting of a cable television franchise to Willamette Broadband, LLC, effective January 2, 2002 has been prepared. It is respectfully recommended that your Council adopt that ordinance. JCB Attachment 1 Willamcttc Broadband, LLC llC Mr. John Brown City Administrator City of Woodburn 270 Montgomery Street Woodbum, Oregon 97071 Regarding: Franchise agreemem between City of Woodbum and Willamette Broadband, LLC Dear John, In accordance with the franchise transfer Ordinance, Willamette Broadband LLC hereby agrees to remedy any historical violation or default under the Franchise, regardless of whether the Seller (DirectLink of Oregon, Inc.) or Willamette Broadband, LLC is responsible for the violation or default. Sincerely, President 626 Maye Street Westfield, New Jersey 07090-2423 (908) 233-64,~5 Fax (908) 233-7769 11C COUNCIL BILL NO. 2372 ORDINANCE NO. AN ORDINANCE RATIFYING THE GRANTING OF A CABLE TELEVISION FRANCHISE TO WILLAMETTE BROADBAND, LLC AND DECLARING AN EMERGENCY. WHEREAS, Ordinance No. 2299 approved and consented to the transfer and assignment of a cable television franchise from North Willamette Telecom, Inc. (which thereafter became DirectLink of Oregon, Inc.) to Willamette Broadband, LLC; and WHEREAS, Willamette Broadband, LLC has filed with the City an Acceptance of Franchise, a performance bond in the amount of $300,000.00, a payment bond in the amount of $25,000.00, and a letter agreeing to remedy any historical violation or default under the franchise, regardless of whether Willamette Broadband, LLC or DirectLink of Oregon, Inc. was responsible for the violation or default; and WHEREAS, Willamette Broadband, LLC and the City agree that the Franchise became effective on January 2, 2002 and by this Ordinance the City Council is ratifying the Franchise which is already in force and effect, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The City acknowledges the Acceptance of Franchise filed by Willamette Broadband, LLC (which is affixed hereto as Attachment "A"), the $300,000 performance bond, $25,000 payment bond and the letter agreeing to remedy any historical violation or default and hereby ratifies the granting of a cable television franchise to Willamette Broadband, LLC. Section 2. 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 the Council and approval by the Mayor. Approved as to form:~' ~ ~ 2 - ~-'' '2 ~ ~ ~._ N. Robert Shields, 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, City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. ORDINANCE NO. llC ACCEPTANCE OF FRANCHISE Attachment "A" Council Bill No. 2372 Page 1 of 1 John C. Brown City Administrator City of Woodbum 270 Montgomery Street Woodbum, OR 97071 This is to advise the City of Woodbum, Oregon (the Grantor) that Willamette Broadband, LLC (the Grantee) hereby accepts the terms and provisions of Ordinance No. 2307, passed by the Woodbum City Council on December 10, 2001 (the Franchise) granting a Franchise for ten (10) years to DirectLink of Oregon, Inc. (the predecessor Franchisee). The Grantee agrees to abide by each and every term of the Franchise. Willamette Broadband, LLC By: ~: ~'~~~~------~ Title: ces, Date: 0 zT/O 7/o 2_ llD Staff Report Woodbum Recreation and Parks Department Date: T~ Fron= R~ Februa~j 7, 2002 . ~,,,~ Mayor and City Council via John Brown, City Administrator D. Randall Westdck, Recreation and Parks Director ~ Resolution Approving a Land and Water Conservation Fund grant application for the Settlemier Park Skate Park RECOMMENDATION: Approve the attached resolution in support of a City application for a 'Eand and Water Conservation Fund grant for $93,750 for the Settlemier Park Skate Park. BACKGROUND: In January of this year, the Woedbum Skate Park Committee formed to help raise money and plan a Skate Park for Woodbum. The Committee consists of about 25 young people who elected Evan Thomas as Committee Chair. Approximately 10 adults are providing the Committee support. At that time, the City Council set aside $50,000 as seed money to get the project started. Last spdng, the Recreation and Parks Department conducted a Request for Proposal process to select a design consultant for that project and selected Purkiss Rose - RSI who helped to complete the following tasks: · Complete: o Assist with selecting a site o Develop a conceptual plan · When the funding package is complete Purkiss Rose - RSI will help with: o Prepare construction plans and specifications o Assist with construction supervision DISCUSSION: The Committee met with Purkiss Rose - RSI three times. In June, staff and the consultant held a "blank page" design meeting with the Committee. At that meeting, future Skate Park users developed sketches that portrayed their "ideal" facility. Purkiss Rose - RSI took those sketches and developed three altemative concepts. On August 15, 2001, the Committee and staff reviewed the three alternatives and consolidated them into one design. Before the October 9, 2001 Recreation and Parks Board meeting, the consultant and staff met a third time with the Skate Park Committee to make final refinements on the design. Resolution Approving a Land and Water Conservation Fund grant application for the Settlemier Park Skate Park '. 2 At the October 9, 2001 meeting, the Board approved the final conceptual design and voted to recommend approval to the City Council. When the funding package is complete and before construction begins, staff will present the project to the Planning Commission for Design Review. The design consultant estimates that, after the funding package is complete, a pedod of seven to nine months is needed to complete the project. This time is necessary to complete the following tasks. · Prepare construction plans and specifications · Secure permits and design review approval · Project bidding · Construction Funding for the project is not complete. To date, the budget for the project includes: · General Fund $50,000 · Systems Develop Charges $25,000 · Donations $18,500 · Total $93,750 The estimate to complete the project is $187,500. The application to the Oregon Parks and Recreation Department for Land and Water Conservation Fund grant will complete the budget. The application is due February 15, 2002. The State will finalize agreements for qualified project in May of 2002. Last spdng the City submitted an application to the Oregon Parks and Recreation Department's Local Govemment Grant Program for $75,000. The State did not fund that application. This package is similar to the one submitted this past year. However, staff and the Skate Park Committee are more conf~lent of funding through this program since the conceptual design is more specific and complete. Attachments ' · liD COUNCIL BILL NO. 2373 RESOLUTION NO. A RESOLUTION AUTHORIZING APPLICATION FOR A LAND AND WATER CONSERVATION FUND GRANT FROM THE OREGON PARKS AND RECREATION DEPARTMENT FOR A SKATE PARK. WHEREAS, the Oregon parks and Recreation Department is accepting applications for the Land and Water Conservation Fund; and WHEREAS, the City of Woodburn desires to participate in this grant program to the greatest extent possible as a means of providing needed park and recreation improvements and enhancements; and WHEREAS, the City of Woodbum's Recreation and Parks Board and City Council have recognized the constructing a Skate Park as a high priority need in Woodburn; and WHEREAS, a group of skate board and roller blade enthusiasts and concerned residents have formed a local committee to raise funds, facilitate design, assist with construction and help operate a skate park in Woodburn; and WHEREAS, the skate park can be constructed within the City's Settlemier Park; and WHEREAS, the City has assembled a local funding package that includes $50,000 from the General Fund, $25,000 from Systems Development Charges and $18,750 from donations totaling $93,750 in the 2001-02 Capital Improvement Program as a local cash match for the project; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Director of Recreation and Parks be authorized to apply for a Land and Water Conservation Fund Grant from the Oregon Parks and Recreation Department for $90,000 for a Skate Park at Settlemier Park as specified above. Approved as to N. Robert Shields, City Attorney Date Approved: Richard Jennings, Mayor Passed by the Council Page I - COUNCIL BILL NO. RESOLUTION NO. 2.3 LAND AND WATER CONSERVATION FUND GRANT APPLICATION 1. PROJECT SPONSOR INFORMATION Project Name: Settlemier Park Skate Park I Project Sponsor: City of Woodbum Contact Person Name: D. Randall Westrick Address: 270 Montgomery Street, Woodburn, OR 97071 Telephone No.: (503) 982-5265 I Fax No.: (503) 982-5244 2. PROJECT TYPE: Acquisition: [] Development [] Rehabilitation [] 3. PROJECT DESCRIPTION: This project will construct a 7,500 sq. ft. Skate Park in Settlemier Park. 4. COST ESTIMATE OF WORK TO SE COMPLETED Design and engineering work done prior to project approval $ 7,750 Design, engineering, inspection work done after project approval $ 13,500 Work Elements Construction Contract for Skate Park $166,250 $ $ $ $ $ TOTAL COSTS $187,500 5. SOURCE OF FUNDS Land & Water Conservation Fund Grant (50% match, $12,500 minimum) $ 93,750 Other State Sources (identify) $ 0 Local Budget (cash purchases, contracts, etc) $ 75,000 Local Force Account (agency forces, equipment, etc $ 0 Donations (identify) $18,500 TOTAL COSTS $187,500 Page 11 liD 6. PROJECT SITE~LOCATION.' SETrLEMIER PARK-- 400 S. SETTLEMIER AVENUE Site Name: Settlemier Park I Size of Property: 10- acres I Owner: City of Woodburn Site Description: Settlemier Park is a community park located within Woodburn's downtown core. The park includes a treed picnic area, youth baseball/softball field, Aquatic Center, tennis court and park activity center. City/Town: Woodburn, Oregon County: Marion DRIVING INSTRUCTIONS: I-5 Woodburn (#271) to eastbound Hwy. 214 Eastbound 214 to southbound Settlemier Avenue Southbound Settlemier Avenue approximately ~ mile to park entrance (400 S. Settlemier) Do you own the site in fee? Yes [] No [] Attach a copy of deed(s), lease or other legal documents. Has there been a previous federal project on this site? If yes, give program name and project number(s). 41-00051 - 200' 48" drain tiles 41-00109 - drainage tiles 41-00390 - Tiling back filling, manholes leveling 41-00481 - Gen'l park, tennis court improvements 41-00642 - Pave park areas. 51-01059L - Renovation of existing park restroom. Yes [] No [] Is the project located in a "flood plain"? Yes [] No [] Does the project affect a "wetland? Yes [] No [] Is there an LCDC or locally approved Comprehensive Land Use Plan? If so, explain in the Program Narrative how this project fits into the plan. Attach a letter from local planning department acknowledging that project is in compliance with plan. Yes [] No [] Is your share of the project costs included in an APPROVED BUDGET? If not, explain. Yes [] No [] Has your agency completed a Self Evaluation and ADA Transition Plan for accessibility of your outdoor recreation sites and facilities? Yes [] No [] D. Randall Westrick Project Contact Person: (Please print) (503) 982-5265 Telephone No. Page 12 UJ 0 Z 0 0 llD liD UJ O~ iii ,~,c) RESTR~ / EXISTING GAZEBO _-~ / / ENTR' EXISTING BASKETBALL COURT HIP .. o ~ i '~j~3~%~.__~ SITE MASTER PLAN ....... :~ ~ '~--_~_______~¢~/WOODBURN SKATEPARK ":'?'.'~-7:? ' ~OODBURN, OREGON EXISTING PARKING LOT I llD liD '"CEE 0 ~ ~ MEMO TO: FROM: DATE: SUBJECT: City Council through City Administrator--'~'' ' Public Works Director ~ ~ January 24, 2002 Engineering Report for East Hardcastle Avenue Improvement ll.E RECOMMENDATION: Approve the engineering report for East Hardcastle Avenue improvement as presented and direct staff to prepare a resolution of intent to improve. COUNCIL OPTIONS: The city council may choose one of the options outlined below for their decision making: 1) 2) 3) Approve the report as presented Require certain modification be made to the report prior to its approval Reject the report BACKGROUND: East Hardcastle Avenue street improvement has been on the capital improvement program for a number of years. There is an opportunity to get this project accomplished because it does not require resolution of right-of-way issues or some other important community decision that could impact the road design. Some other projects, such as South Front Street, need to be delayed slightly because there are certain community decisions still pending that need to be considered. A presentation of the Engineering Report on Boones Ferry and Country Club is planned for the March meeting. The attached engineering report for East Hardcastle Avenue improvement outlines the properties in the proposed Local Improvement District (LID) boundary, the needed improvement to the street, the cost estimates, the proposed assessment cost distribution method, and the payment plan to allow property owners to pay their obligation in a period of ten years. I will be available to answer questions from the council during my presentation in the regular council meeting of February 11, 2002. GST:Ig Attachments: 1. LID Process Outline 2. Engineering Report GST~ E Hardcastle Ave Str Improve Engrg Rpt 10. 11. 12. PROCESS FOR LOCAL IMPROVEMENT DISTRICT (LID) liE PROJECT INITIATION: Project is initiated by petition or by action of the City Council RESOLUITION AUTHORIZING AN ENGINEERING REPORT: City Council, by approval of a resolution, directs staff to prepare an engineers report for the improvement ENGINEERING REPORT APPROVAL: Engineers report contains, project ~--WE ARE need, method of assessment, cost estimate based on preliminary engineering, HERE Local Improvement District (LID) boundary. The City Council may at this stage direct staff to prepare a "Resolution of Intent to Improve". RESOLUTION OF INTENT TO IMPROVE: LID boundary and assessments are defined for public process. Public hearing date set with council approval of resolution. ADVERTISEMENT OF PUBLIC HEARING: The City Recorder gives notice meeting legal requirements of advertising for public hearing. PUBLIC HEARING: City Council holds a public hearing on the project and receives input from the affected property owners. Note: Project can not proceed unless the majority (+50%) of the property owners support the improvement. However, if two thirds (+67%) of the property owners support the improvements, and project was initiated by petition, then City Council can not stop it. CITY COUNCIL DECISION: a. Direct staff'to prepare an assessment ordinance b. Direct staff make modifications to the LID c. Abandon or postponement of the LID ADOPTION OF THE ASSESSEMENT ORDINANCE: Funding defined. COMPLETION OF FINAL ENGINEERING: Final engineering plans, specifications and contract documents are completed. ADVERTISEMENT FOR BIDS AND BID AWARD: The project is advertised and bids are received. The City Council reviews staff recommendation and awards the contract for construction to the lowest responsible bidder. (Note: City may receive bids earlier but contract award can not take place until assessment ordinance has been adopted) CONSTRUCTION ACTMTIES: Construction takes place under the supervision of the City Engineer. ( Note: This is the time when the public sees project action) FINAL ASSESSMENT ORDINANCE: Upon completion of the improvements the final assessment process is followed. The process requires another public hearing and explanation of payment plan time lines. llE Engineering Report For East Hardcastle Avenue Improvement DESCRIPTION OF IMPROVEMENTS: A. EXISTING CONDITIONS The existing street surface of East Hardcastle Avenue is in poor condition and does not meet city standard. The majority of East Hardcastle currently provides only two travel lanes, no curb and sidewalk on only the south side. The first 295 lineal feet from Pacific Highway 99E has been widened and improved with curbs and sidewalks on both sides, however, there are no bikeways. B. PROPOSED IMPROVEMENTS East Hardcastle is proposed to be widened to 44 feet in width providing two travel lanes, one turn lane and a bikelane in each direction. The improvement will be complete with curbs, drainage improvements, installation of the sidewalk on the north side thereby, providing sidewalks on both sides, ADA ramps at all intersections and street lighting. The improved portion, the first 295 lineal feet from Pacific Highway 99E, will also be widened to accommodate bike lanes. Attached is Exhibit 1, which depicts the proposed typical street cross-section. PROPOSED METHOD OF FUNDING The funding mechanism to accomplish this project includes the following: A. CITY SUPPORT: All cost of improvements beyond the standard 34 feet wide local residential street is proposed to be funded by the city. B. ASSESSMENT AGAINST THE PROPERTIES: Limited to the cost associated with a 34-foot wide residential street in the Local Improvement District. BOUNDARY OF THE PROPOSED LOCAL IMPROVEMENT DISTRICT: The property subject to the assessment of this district will be to those properties within the city boundary, which utilize East Hardcastle for the primary access or a secondary access from a point 295 feet east of the intersection of East Hardcastle and Pacific Highway 99E more particularly described as follows: Page 1 of 17 lie Beginning at a poim 295 feet east of the intersection of East Hardcastle and Pacific Highway 99E, engineers station 2+95 in the center of East Hardcastle Avenue, said poim also being the northwest comer of tax lot 6200, being situated in Section 8, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon and north of the city boundary. Thence south along the west line of tax lot 6200 to the southwest comer thereof, Thence easterly along the south line of said tax lot to the west line of the Sunshine Subdivision; Thence southwesterly along the west line of said subdivision to the southwest comer thereof, said point also being on the city boundary line. Thence easterly along the city boundary line to the southeast comer of the Greenview Subdivision. Thence northeasterly along the city boundary line to point on the south line of East Hardcastle; Thence following the city boundary line along the south line of East Hardcastle to a point intersecting the southerly extension of the west line of tax lot 4400; Thence northerly along the west line to the northwest comer of tax lot 4400; Thence leaving said city boundary, northerly to the most southeasterly 2 comer of lot 17, block 3, Coumry Acres Estates; Thence northeasterly along outside boundary line of said subdivision to angle point in the northeasterly line of lot 16, Block 3; Thence northeasterly to the southwest comer of lot 4, Block 3; Thence continuing northeasterly to the southwest comer of lot 5, Block 3, Thence north along the west line of said lot 5, to the northwest comer thereof} Thence southwesterly to the most northwest comer of lot 7, Block 3; Thence northeasterly to the southeast comer of said lot 15, Block 3; Thence northeasterly to the north east comer of said lot 15; Thence northwesterly along the north line of said subdivision to the Northwest comer of lot12, Block 3; Thence Southwesterly along the west boundary of said subdivision to the southwest comer of lot 1, Block 3, Country Acres Estates; Thence southeasterly to northwest comer of the Greenview Acres Subdivision; Thence southeasterly along the north line of tax lot 2400 and 1200 to point of intersection with the westerly line of tax lot 900; Thence southwesterly to the southwest comer of tax lot 900 on the south line of East Hardcastle; Thence southwesterly along extension of the west line of tax lot 900 to a point on the centerline of East Hardcastle; Thence east along the centerline of East Hardcastle to the place of Beginning. A map showing the above described district boundary is attached as Exhibit 2 and those properties within that boundary are identified in Section 4. Page 2 of 17 ' ' lie 4. PROPERTIES INCLUDED IN THE LOCAL IMPROVEMENT DISTRICT MARION COUNTY TAXLOT PROPTERY OWNER MAP # # PROPERITES WITH PRIMARY ACCESS ASSESSED AT 100% BASED ON BENEFIT 051W08CD 6200 MILLER, JOHN R-TRUST 051W08DC 300 BIGEJ,JACK R & DEANNA 051W08DC 900 JAEGER,CATHERINE M 051W08DC 1000 JAEGER,CATHERINE M 051W08DC 1200 JAEGER,HENRY C & JOY L 051W08DC 1300 JAEGER,HENRY C & JOY L 051W08DC 1400 JAEGER,HENRY C & JOY L 051W08DC 1500 JAEGER,HENRY C & JOY L 051W08DC 1600 JAEGER,HENRY C & JOY L 051W08DC 1700 JAEGER,CATHERINE M-TR 051W08DC 1800 JAEGER,HENRY C & JOY L 051W08DC 1900 JAEGER,HENRY C & JOY L 051W08DC 2000 JAEGER,HENRY C & JOY L 051W08DC 2100 JAEGER,HENRY C & JOY L 051W08DC 2200 JAEGER,HENRY C & JOY L 051W08DC 2300 JAEGER,HENRY C & JOY L 051W08DC 2400 JAEGER,HENRY C & JOY L 051W08DC 3400 ALCAZAR,ANACLETO & MARIA 051W08DC 3500 IONKO,PAVEL & KORNELA 051W08DC 3600 SHUBIN,GEORGE JR & TANYA N 051W08DC 4400 KILMURRAY, MICHAEL& PAMELA 051W08DC 4500 KOROBEINIKOV, IVAN& EUGENIA 051W08DC 4600 MORALES,SALVADOR D & AMBROClA C 051W08DC 4700 GONZALEZ, BENJAMIN A 051W08DC 4800 DA GETT,JAMES L & CAROL L 051W08DC 5500 ASCENClO,ROSA M-ETAL 051W08DC 5700 VALENZUELA,JOSE & LEOBARDA 051W08DC 5800 SAMOILOV, MIKE 051W08DC 5801 CORTEZ,JOAQUIN R & 051W08DC 5802 CONTRERAS,GULLERMO & MARIA S 051W08DC 5803 SAMOILOV,MIKE 051W08DC 5900 JAEGER, HENRY C & JOY L 051W08DC 6000 QUALITY PLUS INTERIORS INC 051W08DC 6100 VAN CLEVE,ROBERT ET AL' 051W08DC 6101 QUALITY PLUS INTERIORS INC 051W08DC 6300 SAMARIN,MICHAEL & TANIA B 051W08DC 6400 SAMARIN,MICHAEL & TANIA B 051W08DC 6500 SAMARIN,MICHAEL & TANIA B 051W08DC 6600 SAMARIN,MICHAEL & TANIE B 051W08DC 6700 SAMARIN,MICHAEL & TANIA B Page 3 of 17 MARION COUNTY TAXLOT PROPTERY OWNER MAP # # PROPERITES WITH PRIMARY ACCESS ASSESSED AT 100% BASED ON BENEFIT 051W08DC 6800 SAMARIN,MICHAEL & TANIA B 051W08DC 6900 SAMARIN,MICHAEL & TANIA B 051W08DC 7000 SAMARIN,MICHAEL & TANIA B 051W08DC 7100 SAMARIN,MICHAEL & TANIA B 051W08DC 7200 SAMARIN,MICHAEL & TANIA B 051W08DC 7300 SAMARIN,MICHAEL & TANIA B 051W08DC 7400 SAMARIN,MICHAEL & TANIA B 051W08DC 7500 SAMARIN,MICHAEL & TANIA B 051W08DC 7600 HAGENAUER, DONALD L & AGNES 051W08DC 7700 AFANASIEV,VLADIMIR & NATALIA 051W08DC 7800 SANCHEZ, ROSALIO & ROJAS,SILVIA & 051W08DC 7900 SOLANO,LUCIA & 051W08DC 8000 SORIANO,ARON P & NORA 051W08DC 8100 BARTOLO,JORGE H & MARIA SARA & 051W08DC 8200 STELLE,SUSAN K 051W08 DC 8300 WI N DSO R-SMITH 051W08DC 8400 LOPEZ,ANTIMO & MARIBEL 051W08DC 8500 HERRERA,HERMELINDO ET AL 051W08DC 8600 VASQUEZ-CRUZ,JESUS E & 051W08DC 8700 MENDOZA,CHARLENE A 051W08DC 8800 WINDSOR-SMITH 051W08DC 8900 WINDSOR-SMITH 051W08DC 9000 BOUCHAIN,JORGE LUIS & 051W08DC 9100 SMITH,JUNE E , 051W08DC 9200 GREENWELL,JANET M & FLOYD W 051W08DC 9300 HAGENAUER,KAREN ET AL 051W08DC 9400 STONE,FLURRY D & JUANITA 051W08DC 9401 HARPER,SUSAN MARIE 051W08DD 3000 GOODE,JEFFREY F 051W08DD 3100 SUTTER,FRANK A & KAREN J 051W08DD 3200 RIVERA,JOSE 051W08DD 3300 RIVERRA,JOSE & RIVERA, RAUL 051W08DD 3400 MITSUK,ALE×EY & NADEZHDA 051W08DD 3500 HURLBERT,JERAN J & REBECCA L 051W08DD 3600 MINGEAR,CLINT A & 051W08DD 3700 GEORGIEFF,ALEX & ANNA 051W08DD 3800 BEST,CHRIS C & KATHLEEN JM 051W08DD 3900 VALIHOV, FEODOR & EVFIMIA 051W08DD 4000 BROWN,SANDRA F 051W08DD 4100 LIVINGSTON,GARY L & CAROLYNE 051W08DD 4200 SANDOVAL,VICTORIA 051W08DD 4300 FIRST REFORMED CHRISTIAN MOLOKAN 051W08DD 4600 WYATT,WILLIAM E & SUSAN L Page 4 of 17 MARION COUNTY TAXLOT PROPTERY OWNER MAP # # PROPERITES WITH PRIMARY ACCESS ASSESSED AT 100% BASED ON BENEFIT 051W08DD 4700 ELDREDGE,VESSIE T & RUTH F 051W08DD 4800 DA IS,EDWIN WILLIS ET AL 051W08DD 4900 SIMPSON,CHARLES L & ELEANOR C 051W08DD 5000 MOREJON,GREG & TANIA R 051W08DD 5100 LISOFF,SOLOMEYA 051W08DD 5200 ALLISON,JAMES L & CAROLE J 051W08DD 5300 TAYLOR,ELIZABETH A 051W08DD 5400 PEARCE,GARRY A & FRANCES JOYCE 051W08DD 5500 FISCHER,DA ID G & MARY JEAN 051W08DD 5600 KIRSCH,JAMES P & REBECCA J PROPERTIES WITH SECONDARY ACCESS ASSESSED AT 75% BASED ON BENEFIT 051W08DC 2800 GROSJACQUES,LAWRENCE R & 051W08DC 2900 THOMPSON,JOSEPH E ET AL 051W08DC 3000 HAND, PHILIP J & KATHLEEN M 051W08DC 3100 LEOS,JOSE ISlDRO & ROSALINDA 051W08DC 3200 DISHON,TOMMY R & LINDA L 051W08DC 3300 MARKHAM,JAMES D & 051W08DC 3700 HUTCHINSON,DA ID L & RACHEL B 051W08DC 3800 POWERS,WARREN L & KATHY L 051W08DC 3900 COOPER, DOUGLAS L & ELIZABETH M 051W08DC 4000 MCPHERSON,DENIS C PROPERTIES WITH SECONDARY ACCESS ASSESSED AT 50% BASED ON BENEFIT 051W08DC 2500 CITY OF WOODBURN 051W08DC 2600 IBANEZ,MARIO ULLOA & 051W08DC 2700 CHAPELLE,FRANK A & LUClLE METAL 051W08DC 4100 JAMISON~DA LENE J 051W08DC 4200 CARR,KENNETH H & ELLAMAE 051W08DC 4300 ORANGE, RALPH E 051W08DD 2900 CASTILLO,ARCADIO JR & MISTY LEE PROPERTIES WITH SECONDARY ACCESS ASSESSED AT 25% BASED ON BENEFIT 051W08DD 700 EATON,ROSEMARY 051W08DD 800 HOWELL, LINDA H 051W08DD 900 SUPINO,EDWARD J & MARY V 051W08DD 1000 RAYON,ROY E 051W08DD 1100 GUBKIN,ANDREY & 051W08DD 1200 BROWN,EWART F & LINDA G 051W08DD 1300 SCHMIDT,GREGORY L & SHARON P llE Page 5 of 17 MARION COUNTY TAXLOT PROPTERY OWNER MAP # # PROPERTIES WITH SECONDARY ACCESS ASSESSED AT 25% BASED ON BENEFIT 051W08DD 1400 RICHARDSON,FAY K 051W08DD 1500 CABALLERO,AMADOR M & JOLINE L 051W08DD 1600 DA IS,JAMES D & MARY M 051W08DD 1700 SANCHEZ,JESUS E & ROSEMARIE B 051W08DD 1800 RABIMOV,SUKHROB U & MAVJUDA R 051W08DD 1900 DE DIOS,GENARO & SANJUANITA 051W08DD 2000 FARRELL,NANCY J 051W08DD 2100 WYATT,WILLIAM E & SUSAN L 051W08DD 2200 STIGNEI,FEODOR 051W08DD 2300 CITY OF WOODBURN PUBLIC PARK 051W08DD 2400 REYES,MARCIAL & CORTEZ, MARIA 051W08DD 2500 CHAVEZ, FRANK C & MARIA C 051W08DD 2600 RIVERA,ANTONIA ET AL 051W08DD 2700 SPARRE,RAYMOND P & PAMELA R 051W08DD 2800 MELLON,FRED WILLIAM & IANTHA 051W08DA 6100 GARDINER,ROBERT J & BRENDA J 051W08DA 6200 MURAVIOV, NASTASIA ET AL 051W08DA 6300 CHEREMNOV,SERGEy & MARIA 051W08DD 4300 (CITY PARK) MOLOKAN CHURCH PROPERTIES WITH SECONDARY ACCESS ASSESSED AT 12.5% BASED ON BENEFIT 051W08DA 5300 SAMARIN,TANIA B & SPRINGER,V B 051W08DA 5400 RADY,ANDREVV A TRUSTEE 051W08DA 5500 CITY OF WOODBURN 051W08DA 5600 CITY OF WOODBURN 051W08DA 5700 DILSAVER,JILL E 051W08DA 5800 MOORE,JULIA D 051W08DA 5900 MOLODIH,MARK-ETAL 051W08DA 6000 RENTERIA,JOSE & MARIA 051W08DA 6400 KOPEIKIN,VASlLY O & LUBA 051W08DA 6500 SCHINDLER,DENA M 051W08DA 6600 KEYMOLEN,FRANCISCA & SHEYLA 051W08DA 6700 COFFEY, NANCY R lie Page 6 of 17 PROPERTY BENEFIT DETERMINATION AND COST ALLOCATION llE Ae PROPERTY BENEFIT DETERMINATION: PRIMARY ACCESS: Properties which have no other route then East Hardcastle to obtain access to their property, shall be defined to have primary access and will be assessed at 100 percent value. SECONDARY ACCESS: Properties which can access their property using East Hardcastle although there is an alternate route other then East Hardcastle for access to there property shall be defined to have secondary access and the assessment value will vary. DIRECT ACCESS: Properties, which have direct ingress and egress access onto East Hardcastle, shall be assessed an additional cost for approach installation B. PROPOSED METHOD OF ASSESSMENT The proposed method of assessment will be based on a combination of property area, vehicle trips (impact) generated. Secondary access properties will be assessed a prorated cost based on the benefit received, which is based on the location of the property block from the proposed improvements. A fair and equitable method of assessment does need to consider the area of the property, possibility of future development, and the trip generation by the housing units. It is proposed that 25% of the project cost be distributed against the properties based on area, (square footage of property). The remaining 75% of the project cost be distributed to all properties within the district based on vehicle trips generated, property impact. PRIMARY ACCESS: Since these properties must utilize the proposed improvements for access 100% of the time, it is proposed that these be assessed 100% of the calculated assessment amount. The assessment amount for properties with primary access will be calculated using the combination of property area and trip generation method stated earlier SECONDARY ACCESS: Since these properties do have another alternate route available, the assessment is proposed to be prorated based on the amount of reduced benefit. Page 7 of 17 The prorated reduced benefit is proposed to be calculated at 75%, 50%, 25% and 12.5% of primary access properties based on the location of the property block distance from the improvements. DIRECT ACCESS: Primary access properties, that have direct access onto East Hardcastle, are proposed to be assessed a flat rate amount for the installation of the driveway approach to their property. lie 0 ENGINEERS PROJECT COST ESTIMATE A. Estimated cost of the improved portion to be widened and not assessed. B. Estimated cost of the remaining portion to be reconstructed. $ 33,223 $ 362,597 e TOTAL PROJECT COST Note: Estimated costs include 10 % for contingency DISTRIBUTION OF PROJECT COST Ae PROJECT COST TO BE FUNDED BY THE CITY Costs which are not to be assessed Estimated capacity cost for additional 10 feet of width and additional structural Thickness Estimated cost of the currently improved portion of East Hardcastle to be widened, approximately the first 295' fi.om Pacific Highway 99E Estimated cost of other miscellaneous improvements TOTAL TO BE FUNDED BY THE CITY $ 79,551 $ 33,223 $ 24,226 $137.000 Page 8 of 17 Be STREET COST TO BE ASSESSED AGAINST THE BENEFITED PROPERTIES Cost to be assessed against the Benefiting Properties for a Standard Residential Section Estimated Project Cost Exclude estimated cost for capacity improvement for extra 10 feet of width and structural thickness Exclude estimated cost of the currently improved portion to be widened, approximately the first 295'from Pacific Highway 99E $ 395,820 Other miscellaneous improvements -$ 79,551 = -$ 33,223 = -$24,226 liE STREET COST TO BE ASSESSED ( Includes 20 approaches ~ $250 each) BREAKDOWN OF COST TO BE ASSESSED A. UNIT DETERMINATION FOR METItOD OF ASSESSMENT. DEVELOPED AND UNDERDEVELOPED PROPERITIES AREA UNIT: Based on total square footage of individual parcel or lot. Calculated the same for both developed or underdeveloped property. TRIP UNIT: Trip units are based on the trip generation rates as determined by the Institute of Transportation Engineers, Trip Generation Manuel, 6th Edition. Developed property is assigned a trip rate based on the current use. Underdeveloped property is assigned a trip rate based on its current use, at a minimum one single family dwelling or multi family unit depending on the zone. Single Family Residential = 9.57 trips/unit Multi Family/Duplex = 6.63 trips/unit Page 9 of 17 VACANT UNDEVELOPED PROPERTIES AREA UNIT: Based on total square footage of individual parcel or lot. Calculated the same for both developed or undeveloped property. TRIP UNIT: Trip units are based on the trip generate rates as Determined by the Institute of Transportation Engineers, Trip Generation Manuel, 6a~ Edition. Vacant undeveloped property is assigned a trip rate based on one single family dwelling or multi family unit depending on the prgperty zoning. B. AREA COST Total adjusted area ofproperites within the district The project assessment cost to be distributed using property area. (25% of project cost to be assessed) 3. Cost per square foot = (1)/(2) C. VEHICLE TRIP COST Total number vehicle trips generated Within the entire district. = The project assessment cost to distributed using vehicle trips (75% of project cost to be assessed) Cost per vehicle trip $241,237/1094.16 trips 1,239,608.25 sq. R. $ 63,445 $O.05/sq. fi. 1077.16 trips $190,365 $176.73/trip Page 10 of 17 liE 9. INDIVIDUAL ESTIMATED PROPERTY ASSESSEMNTS Ae PROPERTIES WITH PRIMARY ACCESS; 100% ASSESSMENT BASED ON AREA OF PROPERTY AND TRIPS GENERATED. T.R.S. TAX oWNER AREA APPROACH TRIP RATE TOTAL MAP# LOT # COST COST COST ASSESSMENT 051W08CD 6200 MILLER, JOHN R-TRUST $1,119.41 $250.00 $1,691.29 $3,060.70 051W08DC 300 BIGEJ,JACKR& DEANNA $1,868.42 $250.00 $1,171.71 $3,290.13 051W08DC 900 JAEGER,CATHERINE M $936.51 $250.00 $1,171.71 $2,358.22 051W08DC 1000 JAEGER,CATHERINE M $44.59 $0.00 $44.59 051W08DC 1200 JAEGER,HENRY C & JOY L $490.55 $2,343.42 $2,833.97 051W08DC 1300 JAEGER,HENRY C & JOY L $490.55 $2,343.42 $2,833.97 051W08DC 1400 JAEGER,HENRY C & JOY L $490.55 $2,343.42 $2,833.97 051W08DC 1500 JAEGER,HENRY C & JOY L $490.55 $2,343.42 $2,833.97 051W08DC 1600 JAEGER,HENRY C & JOY L $468.23 $2,343.42 $2,811.65 051W08DC 1700 JAEGER, CATHERINE M- $445.96 $250.00 $1,171.71 $1,867.67 TR 051W08DC 1800 JAEGER,HENRY C & JOY L $0.00 $0.00 $0.00 051W08DC 1900 JAEGER,HENRY C & JOY L $651.64 $1,171.71 $1,823.35 051W08DC 2000 JAEGER,HENRY C & JOY L $511.08 $2,343.42 $2,854.49 051W08DC 2100 JAEGER,HENRY C & JOY L $511.08 $2,343.42 $2,854.49 051W08DC 2200 JAEGER,HENRY C & JOY L $511.08 $2,343.42 $2,854.49 051W08DC 2300 JAEGER,HENRY C & JOY L $472.68 $2,343.42 $2,816.10 051W08DC 2400 JAEGER,HENRY C & JOY L $579.72! $1,171.71 $1,751.43 051W08DC 3400 ALCAZAR,ANACLETO & $333.14 $250.00 $1,691.29 $2,274.43 MARIA 051W08DC 3500 IONKO,PAVEL& KORNELA $309.44 $1,691.29 $2,000.73 051W08DC 3600 SHUBIN,GEORGE JR & $365.19 $1,691.29i $2,056.48 TANYA N O51WOSDC~ 4400 KILMURRAY, MICHAEL& $354.03 $1,691.29 $2,045.32 PAMELA 051W08DC 4500 KOROBEINIKOV, IVAN& $402.55 $1,691.29 $2,093.84 EUGENIA 051W08DC 4600 MORALES,SALVADOR D & $313.64 $1,691.29 $2,004.93 AMBROCIA C 051W08DC 4700 GONZALEZ,BENJAMIN A $317.78 $1,691.29 $2,009.07 051W08DC 4800 DA GETT,JAMES L & $352.85 $1,691.29 $2,044.14 CAROL L 051W08DC 5500 ASCENCIO,ROSA M-ETAL $847.29 $250.00 $1,691.29 $2,788.58 051W08DC 5700 VALENZUELA,JOSE & $347.58 $250.00 $1,691.29 $2,288.87 LEOBARDA 051W08DC 5800 SAMOILOV,MIKE $356.79 $1,691.29 $2,048.08 051W08DC 5801 CORTEZ,JOAQUIN R & $468.28 $1,691.29 $2,159.57 Page 11 of 17 T.R.S. TAX OWNER AREA APPROACH TRIP RATE TOTAL MAP# LOT # COST COST COST ASSESSMENT 051W08DCi 5802 CONTRERAS,GULLERMO $713.53 $250.00 $1,691.29 $2,654.82 & MARIA S 051W08DC 5803 SAMOILOV,MIKE $1,337.89 $1,691.29 $3,029.18 051W08DC 5900 JAEGER,HENRY C & JOY L $2,241.33 $250.00 $1,691.29 $4,182.62 051W08DC 6000 QUALITY PLUS $2,244.15 $250.00 $1,691.29 $4,185.44 INTERIORS INC 051W08DC 6100 VAN CLEVE,ROBERT ET $624.36 $250.00 $1,691.29 $2,565.65 AL 051W08DC 6101 QUALITY PLUS $1,917.56 $1,691.29 $3,608.85 INTERIORS INC 051W08DC 6300 SAMARIN,MICHAEL & $506.78 $2,343.42 $2,850.19 TANIA B 051W08DC 6400 SAMARIN,MICHAEL & $460.71 $2,343.42 $2,804.12 TANIA B 051W08DC 6500 SAMARIN,MICHAEL & $460.71 $2,343.42 $2,804.12 TANIA [] 051W08DC 6600 SAMARIN,MICHAEL & $525.72 $2,343.42 $2,869.13 TANIE [] 051W08DC 6700 SAMARIN,MICHAEL & $0.00 $0.00 $0.00 TANIA [] 051W08DC 6800 SAMARIN,MICHAEL & $941.68 $2,343.42 $3,285.10 TANIA [] 051W08DC 6900 SAMARIN,MICHAEL & $633.27 $2,343.42 $2,976.68 TANIA [] 051W08DC 7000 SAMARIN,MICHAEL & $825.28 $2,343.42 $3,168.70 TANIA [] 051W08DC 7100 SAMARIN,MICHAEL & $153.57 $0.00 $153.57 TANIA [] 051W08DC 7200 SAMARIN,MICHAEL & $562.06 $2,343.42 $2,905.48 TANIA [] 051W08DC 7300 SAMARIN,MICHAEL & $491.42 $2,343.42 $2,834.84 TANIA [] 051W08DC 7400 SAMARIN,MICHAEL & $460.71 $2,343.42 $2,804.12 TANIA [] 051W08DC 7500 SAMARIN,MICHAEL & $506.78 $2,343.42! $2,850.19 TANIA [] !051W08DC 7600 HAGENAUER,DONALD L & $920.90 $250.00 $1,691.29 $2,862.19 AGNES 051W08DC 7700 AFANASIEV,VLADIMIR & $307.14 $1,691.29 $1,998.43 NATALIA 051W08DC 7800 SANCHEZ,ROSALIO & $307.14 $1,691.29 $1,998.43 ROJAS,SILVIA & 051W08DC 7900 SOLANO,LUCIA & $307.14 $1,691.29 $1,998.43 051W08DC 8000 SORIANO,ARON P & $307.14 $1,691.29 $1,998.43 NORA 051W08DC 8100 BARTOLO,JORGE H & $307.14 $1,691.29 $1,998.43 MARIA SARA & Page 12 of 17 llE T.R.S. TAX OWNER AREA APPROACH TRIP RATE TOTAL MAP# LOT # COST COST COST ASSESSMENT 051W08DC 8200 STELLE,SUSAN K ' $307.141 $1,691.29 $1,998.43 051W08DC 8300 WINDSOR-SMITH $320.70 $1,691.29 $2,011.99 051W08DC 8400 LOPE7,ANTIMO & $327.61 $1,691.29 $2,018.90 MARIBEL 051W08DC 8500 HERRERA,HERMELINDO $327.61 $1,691.29 $2,018.90 ET AL 051W08DC 8600 VASQUEZ-CRUZ,JESUS E $511.90 $;I,691.2§ $2,203.19 & 051W08DC 8700 MENDOZA,CHARLENEA $358.33 $1,691.291 $2,049.62 051W08DC 8800 WINDSOR-SMITH $348.09 $1,691.29= $2,039.38 051W08DC 8900 WINDSOR-SMITH $320.96 $1,691.29 $2,012.25 051W08DC 9000 BoucHAIN,JORGE LUIS & $348.09 $1,691.29 $2,039.38 051W08DC 9100 SMITH,JUNE E $358.33 $1,691.29 $2,049.62 051W08DC 9200 GREENWELL,JANET M & $532.37 $1,691.29 $2,223.66 FLOYD W 051W08DC 9300 HAGENAUER,KAREN ET $563.09 $250.00 $1,691.29 $2,504.37 AL 051W08DC 9400 STONE,FLURRY D & $767.59 $250.00 $1,691.29 $2,708.88 JUANITA 051W08DC 9401 HARPER,SUSAN MARIE $22.32 $0.00 $22.32 051W08DD 3000 GOODE,JEFFREY F $302.12 $1 r691.29 $1,993.41 051W08DD~ 3100 SUTTER,FRANK A & $360.58 $1,691.29 $2,051.87 KAREN J 051W08DD 3200 RIVERA,JOSE $383..46 '$1,691.29 $2,'074.75 051W08DD 3300 RIVERRA,JOSE & $111.49 $1,691.29 $1,802.78 RIVERA,RAUL 051W08DD 3400 MITSUK,ALEXEY & $672.99 $1,691.29 $2,364.28 NADEZHDA 051W08DD 3500 HURLBERT,JERAN J & $400.15 $1,691.29 $2,091.44 REBECCA L 051W08DD 3600 MIN~EAR,CLINT A & $323.26 $1,691.29 $2,014.55! 051W08DD 3700 GEORGIEFF,ALEX & ANNA $356.69 $1,691.29 $2,047.98 051W08DD 3800 BEST,CHRIS C & $361.71 $1,691.29 $2,053.00 KATHLEEN JM '051w08DD 3g00 VALIHOV, FEODOR & $3~4.41! $1,891.29 $2,005.70 EVFIMIA 051W08DD 4000 BROWN,SANDRA F $350.90 $250.00 $1,691.29 $2,292.19 051W08DD 4100 LIVINGSTON,GARY L & $302.94 $250.00 $1,691.29 $2,244.23 CAROLYNE 051W08DD 4200 SANDOVAL, VICTORIA $359.45 $250.00 $1,691.29 $2,300.74 051W08DD 4300 FIRST REFORMED $4,260.92 $250.00 $1,691.29 $6,202.21 CHRISTIAN MOLOKAN 051W08DD 4600 WYATT,WILLIAM E & $694.44 $250.00 $1,691.29 $2,635.73 SUSAN L 051W08DD 4700 ELDREDGE,VESSIE T & $691.21 $1,691.29 $2,382.50 RUTH F Page 13 of 17 , ll E T.R.S. TAX OWNER AREA APPROACH TRIP RATE TOTAL MAP# LOT # COST COST COST ASSESSMENT 051W08DD 4800 DA IS,EDWIN WILLIS ET $569.13 $1,691.29 $2,260.42 AL 051W08DD 4900 SIMPSON,CHARLES L & $550.65 $1,691.29 $2,241.94 ELEANOR C 051W08DD 5000 MOREJON,GREG & TANIA $708.98 $1,691.29 $2,400.27 R 051W08DD 5100 LISOFF,SOLOMEYA $588.68 $1,691.29 $2,279.97 051W08DD 5200 ALLISON,JAMES L & $1,057.37 $1,691.29 $2,748.66 CAROLE J 051W08DD 5300 TAYLOR,ELIZABETH A $722.95 $1,691.29 $2,414.24 051W08DD 5400 PEARCE,GARRY A & $718.80 $1,691.29 $2,410.09 FRANCES JOYCE 051W08DD 5500 FISCHER,DA ID G & MARY $754.74 $1,691.29 $2,446.03 JEAN " ~! 051W08DD 5600 KIRSCH,JAMES P & $860.65 $250.00 $1,691.29 $2,801.94 REBECCA J SUBTOTAL $55,108.02 $5,000.00 $159,278.14 $219,386.16 PROPERTIES WITH SECONDARY ACCESS, 75% PRORATED ASSESSMENT BASED ON AREA OF PROPERTYAND ON TRIPS GENERATED. T.R.S. TAX OWNER AREA TRIP RATE TOTAL MAP # LOT # COST COST ASSESSMENT 051W08DC 2800 GROSJACQUES,LAWRENCE R & $309.90 $1,268.47 $1,578.37 051W08DC 2900 THOMPSO,JOSEPH E ET AL $241.91 $1,268.47 $1,510.38 051W08DC 3000 HAND, PHILIP J & KATHLEN M $241.91 $1,268.47 $1,510.38 051W08DC 3100 LEOS,JOSE ISIDRO & ROSALINDA $241.91 $1,268.47 $1,510.38 051W08DC 3200 DISHON,TOMMY R & LINDA L $323.65 $1,268.47 " $1,592.11 O51WOSDC 3300 MARKHAM,JAMES D & $307.37 $1,268.47 $1,575.84 051W08DC 3700 . HUTCHINSON,DA ID L & RACHEL B $233.81 $1,268.47 $1,502.28 051W08DC 3800 POWERS,WARREN L & KATHY L $234.73 $1,268.47 $1,503.20 05'IW08DC 3900 COOPER,DOUGLAS L & $234.35 $1,268.47 $1,502.81 ELIZABETH 051W08DC 4000 MCPHERSON,DENIS C $233.65 $1,268.47 $1,502.12 SUB TOTAL $2,603.18 $12,684.67 $15,287.85 Page 14 of 17 liE PROPERTIES WITH SECONDARY ACCESS, 50% PRORATED ASSESSMENT BASED ON AREA OF PROPERTYAND ON TRIPS GENERATED. T.R.S. TAX OWNER AREA TRIP TOTAL MAP # LOT # COST RATE ASSESSMENT COST 051W08DC CITY OF WOODBURN $183.85 $845.64 $1,029.49 051W08DC 2500 IBANEZ,MARIO ULLOA & $177.70 $845.64 $1,023.35 051W08DC 2600 CHAPELLE,FRANK A & LUClLE M $268.31 $845.64 $1,113.95 ETAL 051W08DC 2700 JAMISON,DA LENEJ $174.07 $845.64 $1,019.71 051W08DC 4100 CARR,KENNETH H & ELLAMAE $177.37 $845.64 $1,023.02 051W08DC 4200 ORANGE, RALPH E $149.73 $845.64 $995.37 051W08DC 4300 CASTILLO,ARCADIO JR & MISTY LEE $200.54 $845.64 $1,046.18 051W08DD 2900 SUB TOTAL $1,331.57 $5,919.51 $7,251.08 De PROPERTIES WITH SECONDARY ACCESS, 25% PRORATED ASSESSMENT BASED ON AREA OF PROPERTYAND ON TRIPS GENERATED. T.R.S. TAX OWNER AREA TRIP RATE TOTAL MAI:>8 LOT # COST COST ASSESSMENT 051W08DD 700 EATON,ROSEMARY $95.66 $422.82 $518.48 051W08DD 800 HOWELL, LINDA H $83.18 $422.82 $506.01 051W08DD 900 SUPINO,EDWARD J & MARY V $83.18 $422.82 $506.01 051W08DD 1000 RAYON,ROY E $83.18 $422.82 $506.01 051W08DD 1100 GUBKIN,ANDREY & $82.52 $422.82 $505.34 051W08DD 1200 BROWN,EWART F & LINDA G $76.82 $422.82 $499.65 051W08DD 1300 SCHMIDT,GREGORY L& SHARON $90.57 $422.82 $513.39 P 051W08DD 1400 RICHARDSON,FAY K $118.64 $422.82 $541.47 051W08DD 1500 CABALLERO,AMADOR M &JOLINE $92.40 $422.82 $515.22 L 051W08DD 1600 DA IS,JAMES D & MARY M $82.25 $422.82 $505.07 051W08DD 1700 SANCHEZ,JESUS E & ROSEMARIE $83.18 $422.82 $506.01 B 051W08DD 1800 RABIMOV,SUKHROB U & MAVJUDA $83.18 $422.82 $506.01 R 051W08DD 1900 DE DIOS,GENARO & SANJUANITA $83.18 $422.82 $506.01 051W08DD 2000 FARRELL, NANCYJ $95.66 $422.82 $518.48 Page 15 of 17 llE T.R.S. TAX OWNER AREA TRIP RATE TOTAL MAP# LOT # COST COST ASSESSMENT 051W08DD 2100 WYATT,WILLIAM E & SUSAN L $89.58 $422.82 $512.40 051W08DD 2200 STIGNEI,FEODOR $89.58 $422.82 $512.40 051W08DD 2300 CITY OF WOODBURN PUBLIC $1,173.89 $148.23 $1,322.12 PARK 051W08DD 2400 REYES,MARCIAL & CORTEZ,MARIA $89.58 $422.82 $512.40 051W08DD 2500 CHAVEZ, FRANK C & MARIA C $89.58 $422.82 $512.40 051W08DD 2600 RIVERA,ANTONIA ETAL $89.58 $422.82 $512.40 051W08DD 2700 SPARRE,RAYMOND P & PAMELA R $89.58 $422.82 $512.40 051W08DD 2800 MELLON,FREDWILLIAM & IANTHA $84.78 $422.82 $507.61 051W08DA 6100 GARDINER,ROBERT J & BRENDA J $89.58 $422.82 $512.40 051W08DA 6200 MURAVIOV,NASTASIA ET AL $89.58 $422.82 $512.40 051W08DA 6300 CHEREMNOV,SERGEY& MARIA $89.58 $422.82 $512.40 051W08DD 4300 (.CITY PARK) MOLOKAN CHURCH $589.88 ~ $72159 $662.47 SUB TOTAL $3,888.41 $10,368.56 $14,256.97 Ee PROPERTIES WITH SECONDARY ACCESS, 12.5% PRORATED ASSESSMENT BASED ON AREA OF PROPERTY AND ON TRIPS GENERATED. T.R.S. TAX OWNER AREA TRIP TOTAL MAP# LOT # COST RATE ASSESSMENT COST 051W08DA 5300 SAMARIN,TANIA B &SPRINGER,V B $82.54 $211.41 $293.95 051W08DA 5400 RADY,ANDREW A TRUSTEE $37.32 $211.41 $248.73 051W08DA 5500 CITYOF WOODBURN $3.15 $0.00 $3.15 051W08DA 5600 CITY OF WOODBURN $3.03 $0.00 $3.03 051W08DA 5700 DILSAVER,JILL E $48.55 $211.41 $259.96 051W08DA 5800 MOORE,JULIA D $57.65 $211.41 $269.06 051W08DA 5900 MOLODIH,MARK-ETAL $46.1:3 $2'11.4'1 $257.55 051W08DA 6000 RENTERIA,JOSE & MARIA $44.79 $211.41 $256.20 051W08DA 6400 KOPEIKIN,VASILY O & LUBA $51.16 $211.41 $262.57 051W08DA 6500 SCHINDLER,DENA M $44.79 $211.41 $256.20 051W08DA 6600 KEYMOLEN,FRANCISCA & SHEYLA $47.09 $211.41 $258.51 051W08DA 6700 COFFEY, NANCY R $57.62 $211.41 $269.03 SUB TOTAL $523.82 $2,114.11 $2,637.93 Page 16 of 17 liE 10. 11. 12. 13. 14. PAMENT PLAN FOR ASSESSMENT A ten-year (10) payment plan is proposed for the assessement obligation. INTEREST RATE The Finance Director be authorized to develop a schedule and charge an interest rate, which does not exceed one-half(I/2) percent above the estimated net effective rate of bond sale. Currently this interest rate is estimated at 6.5 percent. FUNDING METHODS The improvement costs for the project will be supported utlizing two funding sources, the LID property assessments and council approved city support. FUNDING SUMMARY PROJECT FUNDING REQUIRED = $ 395,820 A. CITY SUPPORT SWeet CIP East Hardcasfle Improvement $ 70,000 Traffic Impact Fees Hardeastle: 99E - Cooley SUB TOTAL = $ 67,100 B. LID PROPERTY ASSESSMENTS = C. LID APPROACH ASSESSMENTS = SUB TOTAL= $ 253,820 $ 5,OOO FUNDING TOTAL = ~ MAXIMUM LIMIT OF ASSESSMENT AMOUNT It is proposed that the assessment amounts shown in this document be fixed as the maximum amount to be assessed against the properties for the said improvement. Any cost over runs will be absorbed by the city. Page 17 of 17 I1E I liE ,,, :z: .s ! / ,/ NNnO Cit of Woodburn Police Department 270 Montgomery Street STAFF REPORT Woodburn OR 97071 (503) 982-2345 Date: From: To: Through: February 4, 2002 ~ John Brown, City Administrato~ Subject: Liquor License Application - Woodburn Shell llF Applicant: Trade Name: Maher A1-Khatib 5829 NE Martin Luther King Blvd. Portland, OR 97211 Woodbum Shell 2995 Newberg Hwy Woodburn, OR 97071 Licence Type: Limited Off- Premise Sales - sale of wine, beer, and cider. Recommendation: The Woodburn City Council approve a Limited Off-Premise Sales liquor license for Woodburn Shell, 2995 Newberg Road, Woodburn On December 17, 2001, the Woodburn Police Department received an application for a liquor license from Maher A1-Khatib, proprietor of a newly established grocery store located within the Woodburn Shell Station on Newberg Hwy. and 1-5 The police department has completed an in-depth background investigation on the applicant and found nothing of a questionable nature. Mr. A1-Khatib will be managing the store operation and has no interest in the gas station portion of the business. Hours of operation will be 6:00 a.m. to 10:00 p.m., 7 days a week. The police department also completed a history of calls for service at this location. In the last 12 months the police department responded to 5 calls for service, all of a minor nature with no liquor law violations. cc OLCC Applicants City of Woodburn Police Department 270 Montgomery Street STAFF REPORT WoodbumOR 97071 (503) 982-2345 Date: From: To: Through: February 4, 2002 Paul Null, Chief of Police Mayor and City Council John Brown, City Administrator~ Subject: 2002 OLCC Renewal Recommendation: City Council recommend to the Oregon Liquor Control Commission renewal of liquor licenses for the listed businesses for the year 2002. llG Annually the police department reviews activities occurring at or in the vacinity of all licensed liquor establishments in Woodbum. All reviews were completed in accordance with Council Resolution 1613, dated January 23, 2001, establishing guidelines and procedures for liquor license recommendations. Through established guidelines and procedures, the City Council ensures equitable and consistent treatment of liquor license applications. The adoption of policy protects the interest of the general public providing consistent direction to staff in the processing of liquor license. The following liquor license applications were reviewed in accordance with the established standards for police department recommendations, as described in Resolution 1613. The standards and criteria are as follows: Council Resolution 1613, Sec. F, Standards for Police Department Recommendations Fights and assaults Liquor law violations by licensee or their employees Excessive or obtrusive noise Illegal drug use or sales on the premises Trespass on private property Public drunkenness Failure of licensee to take appropriate action to prevent or control problems caused by patrons on the premises or within the local vicinity. Council Resolution 1613, Sec. G, Guidelines and Criteria A recommendation to deny the renewal application will be made when there are persistent problem involving the types of police calls listed above related to the sales of alcohol. The police department will automatically recommend denial of a renewal application when there is a record of ten arrest, in the prior twelve months, of employees or patrons of the licensed business for unlawful activities related to the sale or service of alcohol under the license either on the premise or in the vicinity. o Actions by the licensee which might tend to mitigate the problems should be considered by the City Council. Examples of mitigating actions are seeking and following recommendations by the OLCC, or police, and increased security measures. In addition to the criteria previously outlined, a recommendation for denial of a license renewal may be made when there are persistent problems involving police calls related to sales or service of alcohol not stemming from calls for assistance from the establishment, within the preceding twelve months, concerning unlawful activities by employees and patrons of the licensed business, either on the licensed premises or in the immediate vicinity thereof. The recommendation by the police department is only one component of the liquor license recommendation process. Community input is significant factor in a review of applications by the Council. With all licensing activities, it must be remembered that the City recommends and OLCC grants or denies. All liquor license establishments met the guidelines and policies established by Resolution 1613 in the year 2001. *Those establishment denoted by "*" have a compliance plan. Compliance plans are developed to bring establishments into compliance due to a history of serious and persistent problems or because of frequency of problems within the immediate area. llG The following liquor license applications are recommended for approval by the police department: llG Off-Premise Sales: 7-11 Store #2353-17416B Bi-Mart #643 Crossroads Grocery & Deli Chalet Restaurant E-Z Stop Market Grocery & Deli Gary's Market #1 The Raven OLCC Store #60 Oregon Berry Inn Piper's Jewelry Roth's IGA Foodliner Russian Ethnic Food Safeway Store//407 Salvador's Bakery I Salvador's Bakery III Senior Estates Restaurant Shop N Kart O'Donnell Enterprises (AM-PM Mini Mart) Su Casa Imports Westview Texaco 1 Woodbum Fast Serve (Woodburn Chevron) Young Street Market *Chu's Eatery Don Pepe's Eagle's Lodge #3284 Elmer's Restaurant Elk's Lodge #2637 La Estrellita Mexican Restaurant Full On-Premise Sales: Los Cabos Mexican Restaurant Lupita's OGA Members Course Ranch Restaurant & Lounge *Su Casa Imports Yun Wah Chines Restaurant Abby's Pizza Inn *Arandas Taqueria Chalet Restaurant Denny's at Woodburn D&D Restaurant La Unica Oregon Berry Inn Limited On-Premise Sale: Pizza Hut Salv,ador's Bakery III Senior Estates Restaurant Taqueria Guadalajara The Raven Inn Woodbum Lanes cc File OLCC llH February 11,2002 TO: FROM: SUBJECT: Honorable Mayor and City Council John C. Brown, City Administrator-~-' Funding Agreement Between The City of Woodburn and the Woodburn Area Chamber of Commerce Recommendation: It is recommended the City Council authorize the City Administrator to execute a funding agreement between the City of Woodburn and the Woodburn Area Chamber of Commerce, related to the distribution of transient occupancy taxes dedicated to promotion of tourism and economic development. Background: On January 14, 2002, the City Council awarded Tourism and Economic Development Grant funds to the Woodburn Area Chamber of Commerce in an amount not-to-exceed $35,200, contingent on the execution of a funding agreement between the City and the Chamber. Discussion: Attached is a funding agreement, developed by City staff, which summarizes the services the Chamber will provide to promote tourism during the term of the grant, provides for accountability on behalf of the Chamber in the use of Tourism and Economic Development Grant funds, and incorporates the applicable portions of the City Council's guidelines for the grant. A copy of the agreement was directed to the Chamber of Commerce for their review, and is scheduled for approval at the Chamber Board's February 13, 2002 meeting. To facilitate granting of these funds, it is recommended that ,you authorize me to execute the agreement on the City's behalf. It is anticipated that the attached agreement represents substantially the document that will ultimately be executed between the parties. JCB FUNDING AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE WOODBURN AREA CHAMBER OF COMMERCE THIS AGREEMENT is made and entered into this __day of February 2002 by and between the City Of Woodburn ("City"), an Oregon municipal corporation, and the Woodburn Area Chamber of Commerce ("Chamber"), an Oregon non-profit corporation. WITNESSETH Whereas, the City's Transient Occupancy Tax Ordinance was amended by Ordinance No. 2290, so that beginning with Fiscal Year 2001-02, 2/9 (22.222 %) of the anticipated transient occupancy tax funds will be made available by the City for distribution through a competitive grant process to agencies who promote tourism and/or economic development among their major activities; and Whereas, the City Council adopted Resolution No. 1651 which adopted guidelines, procedures and a process for obtaining City Tourism and Economic Development Grant Funds; and Whereas, the Woodburn Area Chamber of Commerce submitted an application for said Tourism and Economic Development Grant Funding, and it was determined that the Chamber meets grant eligibility criteria and the Chamber's application satisfies Grant guidelines; and Whereas, a committee comprised of representatives of the hospitality industry and City staff reviewed the Chamber's application and determined the proposed work program supports the City's tourism and economic development goals and will benefit the City of Woodburn; and Whereas, on January 14, 2002 the City Council awarded the Chamber a Tourism and Economic Development Grant in an amount not-to-exceed $35,200 and pursuant to execution of a grant agreement between the Chamber and the City. Now Therefore, in consideration of the terms, conditions and covenants contained herein, the parties agree as follows: 1. TERM: The term of this Agreement shall be from February 12, 2002 to September 30, 2002. e DESCRIPTION OF PROJECT. City and Chamber agree that Chamber shall satisfactorily perform all work described in Exhibit A, entitled "2001-2002 TOURISM AND ECONOMIC DEVELOPMENT AWARDS", by September 30, 2002. 3. PRODUCTS 1 11H Documems or other products produced using this grant must indicate that all, or portion, of the funding for the work was made available by a City Of Woodburn Tourism and Economic Developmem Grant. bo Chamber agrees to provide copies of all final products produced under this grant to the City. Hard copy test products may be submitted to the City or text products can be submitted on double-sided HD 3.5 inch computer disk for IBM PC compatible computers or other form acceptable to City. City may display appropriate products on its "homepage" 4. GRANT: The Chamber will receive a grant totaling a maximum of $35,200. Payment of this grant is contingent upon available funding, Chamber's satisfactory completion of the work program described in Exhibit A, expenditure of and request for reimbursemem for all cost items summarized in Exhibit A, and compliance with the provisions of this Agreement. Chamber's gram will be made in two payments following the submission to and acceptance by the City of the program progress and expenditure reports required in Section 11 of this Agreement. Chamber may request an advance of up to 25 percent of the total grant set forth herein. Granting or denying such request shall be at the sole and absolute discretion of City. 5. PAYMENT: It is mutually understood that Chamber's grant is based on estimated transient occupancy tax proceeds. For fiscal year 2001-02, those proceeds are estimated at $40,000 (22.222% of total anticipated transient occupancy tax funds). If actual taxes collected are less than those that were estimated, City shall provide the Chamber only that share of the gram that is proportional to the actual transiem occupancy taxes collected. The City may amend this Agreemem no later than sixty (60) calendar days prior to the expiration date of this Agreemem to reflect any such reduction in funds. The Chamber understands that, contingent upon the City receiving sufficiem funds, the City shall reimburse the Chamber for actual costs incurred in carrying out activities pursuant to this Agreemem. Chamber acknowledges and agrees that no reimbursemem paymems will be made to Chamber umil .the properly completed program progress and expenditure reports required at Section 11 of this Agreement have been submitted to and accepted by City. Expenditure reports shall include documentation to substantiate charges. These reports shall be submitted on a timely basis to ensure reimbursement. 6. MODIFICATION BY CITY UPON NOTICE: This Agreement may be unilaterally modified by the City upon written notice to the Chamber under the following circumstances: 1. There is a decrease in Transient Occupancy Tax funding levels. 2 IlH 2. An adjustment in the Agreement is required to implement an approved plan or plan modification. 3. Funds awarded to the Chamber are not expended within the term of this Agreement. If after consultation with the Chamber, City determines that funds will not be spent in a timely manner, such funds for that reason shall revert to the City. 4. Changes in State or Federal law or regulation requiring a change in the provisions of this Agreement. Chamber may request approval to amend its Work Plan and Budget by providing written justification for the amendment, along with a proposed modified Work Plan and Budget, to the City. Said justification shall be received by the City no later than sixty (60) calendar days prior to the expiration date of this Agreement. The amendment must be signed by both parties. 7. INSURANCE: The Chamber shall provide proof of liability insurance with a minimum combined single limit of not less than one million dollars ($1,000,000), and workers' compensation insurance issued by an insurance carrier licensed to underwrite workers' compensation insurance in the State of Oregon. Insurance must be fully in effect throughout the duration of this contract. Chamber will name City as an additionally insured on all policies of insurance required by this contract. 8. INDEMNIFICATION AND WARRANTIES: Chamber shall indemnify and hold harmless City, its elected officials, officers, agents and employees from and against any and all claims arising from any breach or default in the performance of any obligation on Chamber's part to be performed under the terms of this Agreement or arising from any intentional or negligent act(s) of the Chamber or any of Chamber's parmers, joint venturers, agents, contractors, or employees, collectively referred to as "Chamber" in this section, and from and against all costs, attorneys' fees, expenses, and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against City by reason of any such claim, Chamber upon notice from City shall defend the same at Chamber's expense by counsel satisfactory to City. Chamber, as a material part of the consideration to City, hereby assumes all risk of damage to property or injury to persons resulting from Chamber's performance or failure to perform under this agreement and Chamber hereby waives all claims, if any it may then have, in respect thereof against City. 9. NOT AN AGENT OF THE CITY: Chamber understands and agrees that it is the recipient of grant funds under this Agreement and is not an agent of the City. Chamber shall not have the authority, express or implied, to 3 llH act on behalf of, bind or obligate the City or any City department, City agent or City employee in any way without the written consent of the City. 10. USE OF FUNDS: The Chamber agrees that it will use Tourism and Economic Development Grant funds only for contracted services and shall perform these tasks, services and activities as provided for in the Work Plan attached hereto as Exhibit A. 11. REPORTING RESPONSIBILITIES: Chamber agrees to submit, by June 15, 2002, progress and expenditure reports for the period ending May 31, 2002. The progress report shall identify and quantify all efforts made by Chamber through May 31, 2002 to accomplish the project work tasks. The expense report shall be accompanied by photocopies of all original documents/invoices for all charges included on the report. The Chamber also agrees to submit a final program progress and a final financial closeout report within fifteen (15) days after termination of this agreement. The final progress report shall identify and quantify all efforts made by Chamber during the period from June 1, 2002 through September 30, 2002 to accomplish project work tasks. The financial closeout report shall document all expenses incurred for the period from June 1, 2002 through September 30, 2002, and shall be accompanied by photocopies of all original documents/invoices for all charges included on the report. The Chamber further agrees to submit a program evaluation report, within forty five (45) days of the expiration of this agreement. Such report shall identify and quantify all work program tasks and objectives completed during the term of the grant, and detail and quantify the impact of completed program objectives on tourism and economic development in Woodburn. Such report shall also itemize and quantify any uncompleted program work tasks or goals, provide justification for failure to complete any such tasks or goals, and forward recommendations for how those tasks or goals might be successfully completed in the future. Eligibility for subsequent funding is contingent upon receipt by City of such reporting. 12. RECORD KEEPING RESPONSIBILITIES: The Chamber shall comply with and meet all program requirements, regulations and reporting deadlines of this Agreement and be responsible for the proper and lawful administration and control of all funds in accordance with the grant requirements and audit guidelines. The Chamber shall establish such fiscal controls and fund accounting procedures as may be deemed necessary by the City to assure the proper disbursement of, and accounting for, funds paid to the Chamber under this Agreement. 13. AUDIT: 4 Chamber shall be subject to, and shall submit a copy to the City of, a project specific audit of its accounts within ninety (90) days of grant expiration. An independent accounting firm, at Chamber's sole expense, shall conduct such an audit. The cost of such an audit shall be considered a cash match, for the purpose of meeting grant requirements. 14. NOTICES: All notices allowed or required to be given under this Agreement may be personally delivered or may be delivered by deposit in the United States Postal Service, postage prepaid, return receipt requested, and shall be deemed effective upon receipt. Notices to City shall be addressed to: City of Woodburn Ms. Mary Tennant City Recorder 270 Montgomery Street Woodburn, OR 97071 Woodburn Area Chamber of Commerce Mr. Jerry Wheeler Executive Director Country Club Road Woodburn, OR 97071 15. DEFAULT: ao Upon the occurrence of any default of the provisions of this Agreement, City shall give written notice of said default to Chamber. If Chamber does not cure the default within thirty (30) days of the date of Notice (time to cure), then Chamber shall be in default. The time to cure may be extended in the discretion of City and shall not constitute a waiver under this Agreement. bo' Notices given under this paragraph shall specify the alleged default and the applicable contract provision and shall demand that Chamber perform the provisions of this agreement within the applicable period of time. No such notice shall be deemed a termination of this Agreement unless City so elects in such notice, or the City so elects in a subsequent written notice after the time to cure has expired. 16. RIGHT TO REQUIRE PERFORMANCE: The failure of City at any time to require performance by Chamber of any of the provisions under this Agreement, shall in no way affect the right of City thereafter to enforce same nor shall waiver by City of any breach of any of the provisions under this Agreement be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 17. WAIVER OR DEFAULT: 5 " llH No waiver of any default by any party to this Agreement shall be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless stated to be such, in writing, by all concerned parties and attached to the original Agreement. City's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of City's consent to or approval of any subsequent act by Chamber. 18. ENTIRE AGREEMENT: This Agreement contains the entire agreement between the parties relating to the transactions contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein. 19. ASSIGNMENT: This Agreement is not assignable by the Chamber, either in whole or in part, without the written consent of the City 20. ATTORNEY'S FEES: Should any party hereto employ an attorney for the purpose of enforcing or construing this Agreement, or seeking to obtain a judgment based on this Agreement, in any legal proceeding whatsoever, including insolvency, bankruptcy, arbitration, declaratory relief or other litigation, including appeals or rehearing, the prevailing party shall be entitled to receive from the other party or parties thereto reimbursement for all attorneys' fees and all costs, including but not limited to service of process, filing fees, court and court reporter costs, investigative costs, expert witness fees, and the cost of any bonds, whether taxable or not. Should any judgment or final order be issued in that proceeding, said reimbursement shall be specified therein. 21. DELEGATION OF AUTHORITY: City hereby appoints the City Administrator as its authorized representative to administer the terms and conditions of this Agreement. The terms and conditions of this Agreement shall constitute the standards by which the City Administrator shall administer this Agreement. 22. CORPORATE AUTHORITY: Chamber represents and warrants that the individual executing this Agreement on behalf of Chamber is duly authorized to execute and deliver this Agreement on behalf of said corporation, in accordance with a duly adopted resolution of the Board of Directors of said corporation or in accordance with the Bylaws of said corporation, and that this Agreement is binding upon said corporation in accordance with its terms. Chamber shall, within thirty (30) days after execution of this Agreement, deliver a certified copy of a resolution of the Board of 6 · , ll it Directors of said corporation authorizing or ratifying the execution of this Agreement to the City Recorder of the City Of Woodburn, 270 Montgomery Street, Woodburn, OR 97071. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the day and date first above shown. City Of Woodburn: Woodburn Area Chamber of Commerce John C. Brown Name: City Administrator Title: Approved as to form By: City Attorney 7 Exhibit "A" Page 1 of 2 2001 - 2002 TOURISM AND ECONOMIC GRANT AWARDS APPLICANT: Woodburn Area Chamber of Commerce PROJECT OBJECTIVE: To enhance the overall quality and image of Woodbum area tourism promotional efforts in order to create more visitor contacts with the community. By offering a more full service visitor center and more comprehensive information on what to do in the area, it more likely visitors will stay in the area longer and spend more dollars in the community. PROJECT DESCRIPTION: First, create the promotional materials and activities necessary to potentially attract new visitors to our community and then make them more readily available to those potential visitors. Second, once those visitors have arrived, create a welcoming and professional environment that will further clarify what is available here for our visitors. PROJECT TIME FRAME: - October 2001 - March 2002: Begin planning of Tulip Festival kickoff event, brochure inventory, update and redesign website. - January 2002: Begin production of new full color community map. January - October 2002: Upgrade office equipment and improve database operations. Work with Chambers in Aurora, Stayton-Sublimity, Silverton, Mt. Angel and Molalla to produce a "northern valley brochure. - March 2002: Host Tulip Festival kick off event. March - May 2002: Expand the Visitor Center hours of operation to service visitors on Saturday from 9:00 am - 3:00 pm. Unveil new community map. - September - October 2002: Begin design work for 2003 tourism brochure. GRANT FUNDED EXPENSES: Personnel: Exec. Director $6,500 Exec. Asst. 3,500 Part-Time 1,925 Weekend help '1,950 Total Personnel $13,875 llH -2- Materials & Services: Rent Phone Office Exp Office Supplies Dues & Fees Web Site Postage Total Materials & Services Capital Items: City Logo Signage Brochure Kiosks Color Printer Tourism Brochure Brochure Distribution Brochure Reprinting Web Site Redesign 2003 Brochure Design Publication & Database Software Computer Monitors & Upgrading Tulip Festival Promotion Total Capital Items $3,300 950 85O 650 150 475 5OO $6,875 $ 2OO 1,700 8OO 1,250 3,250 1,250 1,000 2,5OO 5OO 1,000 1,000 $14,450 Exhibit "A;' Page 2 of 2 1 I .H TOTAL GRANT $35,200 -3- COUNCIL BILL NO. 2373 RESOLUTION NO. A RESOLUTION AUTHORIZING APPLICATION FOR A LAND AND WATER CONSERVATION FUND GRANT FROM THE OREGON PARKS AND RECREATION DEPARTMENT FOR A SKATE PARK. WHEREAS, the Oregon parks and Recreation Department is accepting applications for the Land and Water Conservation Fund; and WHEREAS, the City of Woodburn desires to participate in this grant program to the greatest extent possible as a means of providing needed park and recreation improvements and enhancements; and WHEREAS, the City of Woodburn's Recreation and Parks Board and City Council have recognized the constructing a Skate Park as a high priority need in Woodburn; and WHEREAS, a group of skate board and roller blade enthusiasts and concerned residents have formed a local committee to raise funds, facilitate design, assist with construction and help operate a skate park in Woodburn; and WHEREAS, the skate park can be constructed within the City's Settlemier Park; and WHEREAS, the City has assembled a local funding package that includes $50,000 from the General Fund, $25,000 from Systems Development Charges and $18,750 from donations totaling $93,750 in the 2001-02 Capital Improvement Program as a local cash match for the project; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Director of Recreation and Parks be authorized to apply for a Land and Water Conservation Fund Grant from the Oregon Parks and Recreation Department for $93,750 for a Skate Park at Settlemier Park as specified above. Approved as to form:~, *'~/t~~ 2-Il- ZO0~.. N. Robert Shields, City Attorney Date Approved: Richard Jennings, Mayor Passed by the Council Page I - COUNCIL BILL NO. 2373 RESOLUTION NO.