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Agenda - 02/22/1999 Ci7~ COGNCIL A GF__.IYDA February 22 1999- 7:00 p./v~ 270/Vlontgomery Street * ~ Woodbum, Oregon CAI.L TO ORDER AND FLAG SALUTE ROLL ~ ANNOUNCEMENTS AND APPOINTMENTS Council workshop - March 1, 1999, 7:00 p.m: library services. B. Public hearings: March 8, 1999, 7:00 p.m.: Aruey Road vacation 4. pR I:.SENTATIONS/PROCLAMATIONS e COMMITTEE REPORTS C~smber of Commerce. B. Woodbum Downtown Association. COMMUNICATIONS Letter from Oregon Human Development Corporation BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) CONSENT AGENDA. - Itoms listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. ApproVe of Council minutes of February 8, 1999 regular and executive meetings. B. Accept planning Commission minutes of January 28, 1999. C. Receive Building Activity Report for January 1999. 6A 8A SC PUBLIC HEARINGS A. Continue public hearing: Boones Crossing PUD 97-03, .annexation .97-08, Zone Change 97-12, Conditional Use 97-02 Variance 9-12. 10. TABLED BUSINESS. Page 1 - Agenda, Woodbum City Council of February 22, 1999. 11. GENERAL BUSINESS A. Council Bill No. 1949 - Resolution entering into an agreement with Nicoli En~neering for professional engineering services. 1 lA B. Council Bill No. 1950 - Resolution calling for a public hearing on annexation of certain property located north of Vanderbeck and west of Boones Ferry Rd. lib C. Contract award for construction of a steel maintenance building shell at Wastewater Treatment Plant. 1 lC D. Bid award for passenger van for Recreation and Parks. llD 12. PUBLIC COMMENT 13. NEW BUSINESS 14. SITE PLAN ACTIONS A. Site Plan Review 98-25, Lot Line Adjustment 98-07: Marion County Housing Authority. 14A 15. CITY ADMINISTRATOR'S REPORT 16. MAYOR AND COUNCIL REPORTS 17. EXEC~ SESSION A. To consider records that are ex~mpt by law from public inspection under the authority of ORS 192.660(1)(0. B. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be ~ed under the authority of ORS 192.660(1)(h). 18. ADJOURNMENT Page 2 - Agenda, Woodburn City Council of February 22, 1999. ORE N HUMAN DEVELOPMENT ~ORPORATION January28,1999 6A Central Office 9620 S.W. Barbur Bivd., $te. 110 Portend, Oregon 97219 1603) 245-2600 Fex ~503) 245-9602 1649 S.W. Baseline Hiiisboro, Oregon 97123 (503) 640-6496 Fax (503) 640-9416 476 N. 2nd Street Woodburn, Oregon 97071 (503) 962-$100 Fax (503) 982-4837 829 Kiemath Avenue YJamath Falls, Oregon 97601 Fax (541) 883-7187 950 S.E. Columbia Drive Ste. A Hermiston, Oregon 97838 (5411 564-5662 Fax (541} 564-0860 2880 S,W. 4th Avenue, Ste. 4 Ontario, Oregon 97914 4541) 881-1491 Fax (541) 881-1491 724 S. Central, Ste. 207 Medford, Oregon 97501 (Ml l 772-2824 703 N.E. Hood Gresham, Oregon 97030 (5O3) 6~6-300e Fax (503) 462-8463 AYUDA Community Services 448 S, First Avenue, Ste. 100 Hillsboro, Oregon 97123 4503) 640-5223 Hispanic Access Center 1715 East Burnside Portland, Oregon 97214 (503) 236-9670 Fax (SOS 23B-g684 Pmgmma de Muieres P. 0, Box 14~16 Poland, Oregon 97293 (503) 238-7831 Crisis Unes (~31 232-444e 1 (mOl 556-2s34 Youth Center 434 S. First Avenue, Ste. 300 Hillsboro, Oregon 97123 (503) 640-6349 Fax (503) 640-0215 City of Woodburn John Brown, City Admini~r~or 270Montgomery Woodburn, Oregon 97071 Dear Mr. Brown: We need your help. Every month approximately 400 individuals come to the North Marion Resource Center for food, training, employment referrals, energy and housing assistance and other miscellaneous needs. In July 1997, North Marion Resource Center (NMRC) opened its doors at 476 North Second Street. At our "one-stop" center, needy families, children and individuals can be screened for eligibility and receive help in a number of ways: nutritional emergency food boxes, blankets, clothing, rent and energy assistance, assistance with citizenship applications and access to education and employment training. The services are provided by four non-profit agencies: Oregon Human Development Corporation (OHDC), Mid-Willamette Valley Community Action Agency (MWVCAA), Marion-Polk Food Share (MPFS) and A.W.A.R.E. Food Bank. We have co-located to make access to services easier for those in need of help and to minimize costs by sharing space and operating expenses. Since the opening of the center, needy people do not have to face transportation challenges or spend time travelling between different locations to receive services. For those we serve, senior citizens, migrant and seasonal farmworkers, Russian immigrants and other low-income community members, locating help in multiple locations is often confusing or too great of a burden. We have eliminated this barrier through the development of the "one-stop" North Marion Resource Center. Enclosed you will find more detailed information about the NMRC and the services that have been provided in the initial 12 months of operation. You will note that 1241 unduplicated households, a total of 5132 individuals, were helped. In the first 6 months of our second year of operation, we have helped an additional 534 households for a total of 2049 individuals. While 95% of the budget for the NMRC is covered by funds granted to the partner agencies, a supplementaryl $28,000 is needed annually to cover additionl shared operating expenses. We recognize that to accomplish this we have to broaden our base of contributors in the community being served. We have already raised over 50% 6A of our funding requirement for this fiscal year through contributions from Poffiand General Electric/Enron, First Security Bank of Oregon and Adult and Family Services Division, Woodburn Branch. We are asking you to support this valuable work with a financial contribution. Your contribution should be made to the fiscal agent for NMRC, Oregon Human Development Corporation. OHDC is an Internal Revenue Service designated 501 (c) (3) non- profit corporation, Federal ID #93-1150042. Thank you for your thoughtful consideration of this request. North Marion Resource Center is the hub for services to the needy in the Woodburn area. If the partners of NMRC cannot raise sufficient local resources to sustain its operation, the dissolution of this "one-stop" center would be a great loss to the community. If you have any questions please feel free to contact any NMRC staff person at 982-5100 or you may contact me at the OHDC Portland office at 245- 2600, ext. 203. Sincerely, ff~J~nette Ewald Operations Director, OHDC PROJECT NARRATIVE 6A Project Summary In July 1997, the North Marion Resource Center began providing coordinated services for children, families and farmworkers in Woodburn and the North Marion County area. The formation of the North Marion Resource Center is the realization of a two-year effort by participating organizations to provide a multi-cultural "one-stop" facility for the ethnically diverse low-income population residing throughout North Marion County. Four agencies, Oregon Human Development Corporation (OHDC), Mid-Willamette Valley Community Action Agency (MWVCAA), Marion-Polk Food Share Migrant Outreach Project, and AWARE Food Bank, have co-located and are sharing space and resources to provide a broad range of help to individuals and families in need of assistance. This deviation from "business as usual" significantly enhances service delivery efficiency, effectiveness, and, ultimately, the social benefits of the services provided. What Community Needs Will Be Met Prior to the formation of the North Marion Resource Center, services for low-income individuals and families in rural northern Marion County were provided by different agencies, with different services, funding streams, and eligibility requirements. Individuals or families in need of assistance were often confused about where to go for services and often had to go to several agencies/locations if multiple services were needed. With the North Marion Resource Center, four key agencies are now co-located in a single shared facility at 476 North Second Street, in the city of Woodbum. In this single location, individuals and families are now able to receive assistance with emergency food boxes, farmworker employment and training services, English as a Second Language classes, information and referral services, winter fuel assistance, homeless and other emergency financial assistance, and community networking and advocacy. This "one stop" service delivery approach is improving access to services and is better reaching those most in need, and those with the greatest service barriers (such as English language limitations and culture differences). Project Impact The impact of the North Marion Resource Center is that it promotes accessible, coordinated, multiple services in a single location. This means more individuals and families will be served, those with the greatest needs will receive multiple/coordinated services, service duplication will be eliminated, and the services will be targeted to improve the self-sufficiency and quality of life of the project's participants. In the first 12 months of operation, 1241 unduplicated households received 2243 referrals: AWARE Food Bank MVOgCAA External Referrals 1261 referrals for food boxes 439 referrals for winter fuel assistance 81 referrals for emergency assistance 77 referrals for interpretation services 58 referrals for housing assistance 50 referrals for employment and training services 37 referrals for interpretation services 43 referrals for emergency services 41 referrals for interpretation services 16 referrals for housing assistance Demographic data was collected on 1241 unduplicated households who received services directly from North Marion Resource Center partner agencies during the first 12 months of operation. The following characteristics of the project's clientele reveal a largely "working poor" population with complex needs and multiple barriers to self-sufficiency: 71% were of Hispanic ethnicity, 75% did not graduate from high school, 67% spoke Spanish as their primary language; 40°,4 had limited English speaking abilities; 60% had no health insurance; 52% were farmworkers; 52% were two-parent families; and 28% were homeless or living in overcrowded conditions. Description of Community Support The North Marion Resource Center has a broad base of community support including multiple State agencies, local non-profit organizations, and private businesses. This support was demonstrated during the Center's Open House on July 17 that was attended by over 40 local agencies including Adult and Family Services, Senior Services, Children's Mental Health, Oregon Housing and Community Service Department, Marion County Housing Authority, Salud Medical Center, Marion County Health Department, Key Bank of Oregon, Employment Department, St. Vincent de Paul, Silverton Together, among others. The Oregon Housing and Community Services Department financially supported the formation of the Center with a $9,090 grant to pay for remodeling, telephone installation, and minimal staff costs. The Mid-Willamette Senior Services Agency donated a used telephone system. The State of Oregon JOBS Plus Program entered into an agreement with OHDC to partially fund the Center's new Information and Referral Specialist for six months. The AWARE Food Bank utilizes volunteers that contribute almost 3,000 hours of volunteer service each year. Description of Partnerships Four agencies have co-located to form the North Marion Resource Center to provide services more efficiently and effectively for the multi-cultural poor population in rural northern Marion County. Brief descriptions of the four agencies are as follows. Oregon Human Development Corporation has been providing job placement, job training and emergency financial services to farmworkers for over 18 years. 1Vfid-Willamette Valley Community Action Agency has been the designated Community Action Agency for Marion and Polk Counties since 1965 providing homeless assistance, weatherization, winter fuel assistance, and other emergency services to the low-income residents of Marion and Polk Counties. Marion-Polk Food Share is a non-profit Food Bank organized in 1982 to help support and provide food to a network of more than 45 charitable agencies responsible for feeding the hungry in Marion and Polk Counties. In 1990, the Migrant Outreach Project of Marion-Polk Food Share was established to monitor emergency food delivery to migrant workers and to network with other service providers in the area. AWARE Food Bank is a volunteer-operated food pantry that has been serving the emergency food needs of Woodburn area residents since 1973. 6A COMMUNITY ACTION January 5,.1998 2035 Davcor Court SE Salem, Oregon 97302 503-585-6232 1-800-285-3811 Fax 375-7580 Dear Committee Members, Mid-Willamette Valley Community Action Agency has been a partner in finding support and solutions for families and their children in Marion and Polk Counties for over thirty years. We are currently working together with many other agencies to address some alarming issues facing our communities. Collaboration among agencies, businesses and individuals in Marion County is a Way to maximize available resources and positively impact our communities. Please accept this letter of support for the North Marion Resource Center. In July 1997, we became a partner in the North Marion Resource Center Pilot Project. Prior to the formation of this center the Woodbum Community Action Resource Center was a one-person office offering information and referral, emergency financial assistance and community networking advocacy. The North Marion Resource Center has changed our one-person operation into a team of professionals, with many areas of expertise, working for each client. The client is no longer sent from location to location to seek appropriate services, diminishing the chances of "losing" xrulnerable families somewhere along the way. There are many advantages to the clients and the agencies involved when we share our resources and work together. Advantages of one-stop: · Service providers working more closely together to: share resources, prevent duplication of services, and work together to determine community needs and develop common goals and strategic plans for the North Marion area. · Sharing common expenses: receptionist, copiers, fax, etc. · Easier and more family friendly for the clients. · Provides fundraising strength (locally, statewide, and nationally) not available to each individual agency. As advocates and service providers for homeless and low-income people, we believe that this type of collaboration of agencies is the best way to support our communities. Executive Director MID-~]ILLAMETTE VALLEY COMMUNITY ACTION AGENCY, INC. Family Head Start · Child Care Information Service * Energy Assistance Programs Nutrition First Child Care Food Program · Resource Centers · Salem Keizer Togrther 476 OA. oPe~ond c}l~odr$uu,, ~P(,~ 9707! {5 02,~ 9 P I- 5 ~'2,4' 6A February 3, 1998 Dear Committee Members: I am writing this letter in support of the North Marion Resource Center and it efforts to maintain a "one stop social service center", of which AWARE is a partner. By providing various services in a cohesive manner we enable clients to receive assistance more efficiently. AWARE Food Bank has been serving the North Marion County for the last 25 years by providing a food pantry in the community. The food pantry is a safety net that seeks to provide low-income people in the rural North Marion County with an adequate amount of nutritious food during times of financial di~culties. In 1997, AWARE Food Bank provided emergency food boxes to 5, 730 people in our community. In the same year volunteers contributed a total of 2,950 hours in running the food pantry. Many of our volunteers are not bilingual and during the peak winter months our client numbers skyrocket, but fortunately our partnership with the North Marion Resource Center has eliminated the language barrier that existed between the volunteers and our clients. This is just one example of how the "one stop social service center" allows us to serve our clients and the community in a more effective manner. As the need for services increases and funding cutbacks on the local, state, and federal levels continue to rise, it is advantageous for us to continue working together as a one-stop center. In the future, it will be these agencies that fill the gap between clients and the access to services. Again, please accept this letter of support for the North Marion Resource Center, on behalf of AWARE Food Bank. Sincerely, AWARE Director 02-~5-1998 D2:S6PM FROM MARION_POLK FOOD SHARE 1505~4J~ ~'.~' MARION-POCK FOOD SHARE 6A February5, 1998 Dear Community Member: I write in support of the North Marion Resource Center's request for funding. Marion- Polk Food Share (IVIPFS)'s mission is to alleviate hunger bY collecting food and distdbut~g it through a network of 48 direct service provider charities. MPFS's focus in North Marion County is two fold: 1) to support our member emergency food provider agencies, and 2) to coordinate food providers' response to emergency food needs annually faced by migrant farmworkers. MPFS placed a stuff person in Woodbura to address this second purpose. Migrant workers only need food assis~nce when they are not work,g: when they arrive ahead of crops or whe~ weather causes breaks in the harvest. The scope of the farmworker need is g~eat~ tha~ Woodbum area resources can address, ~so one of the more notable contributions MPFS makes is to bring food a~d cash from the ~q-eater two-coun.ty community tO address this anllual nee. Ii. The Resource Center represents a~ effort to serve the varied needs of low-income clients--including migrant farmworkers--with dignity and respect. Clients get the advantage of access to a broad range of'help all at one location, and those who would advocate for potential clients need only give one referral. The North Marion Resource Center is a major step in providing improved service to those who most need it. Marion-Polk Food Share is, therefore, pleased to support and endorse the Center. Please call me at (503) 581-3855 if you have any questions. Sincerely, 2305 Fto~t $lreet NE: Salem. OregO~ ~.730,3 i503) 581.385~ (s03t t~8-4077 F~x proj.~ Woocibum Office A Member 02/05/98 15:21 TX/RX N0.0062 P.002 I O GON HUMAN CORIN~IL~TION January 30, 1998 6A Central Office s.w. Bertwr Blvd., S~. 110 Poctlancl, Oregon 67219 Fix (503) 246-9602 1049 S.W. Baseline flillsboro. Oregon 97123 {5O3) 640-5496 Fox (503) 640-9416 476 N. 2nd Street Wondbum, Ot'egon 97071 (503) 9~2-6100 Fix (5~3) 962-4837 829 Klemath Avenue ICJamlth Fags. Oregon 9"~01 Fax (~41) Heoniston, Or. on Fax (5411564-0~0 OnlahOo Or. on 97914 ~541) ~1ol491 Fax (~!1) ~1-1491 M~lfonl, Or~go~ (541! 703 NJ:. Hood 8resham. Oregon 97030 Fix (505 4.q2-8463 AYUDA Community Services 448 s. F~rst Avenue, Ste. 100 HiHsboro, Oregon 67123 1715 FAst BUrnside Portland, Oregofl 97214 (5O3) 236-96?0 Fax (503) 236-9684 Program de Muims P.O. Box 14616 Pordand, Oregoo 97293 45O3) 238-7831 (5O3) ~2-4448 1 (800) 5~-~34 Youth Center Hiilsboro, Oregofl 67123 Fix (503) 640-0215 Dear Community Member: Oregon Human Development Corporation (OHDC) has been providing a wide array of employment, training, and other human services to the migrant and seasonal farmworker population in the Marion County and surrounding areas for the past 19 years. OHDC has a long history of collaborating with other human service agencies in order to maximize the service options for our clientele. The formation of the North Marion Resource Center has enhanced this collaborative effort for both our agency staff and for the clients we serve. It is with this notion of generating positive outcomes for the more needy members of our community through collaborative efforts that OHDC wholeheartedly supports the North Marion Resource Center. OHDC, and the individuals that we serve, have benefited from the formation of the North Marion Resource Center in the following ways: · The addition of the shared Information & Referral Specialist position has resulted in more efficient use of Our Intake/Outreach Worker. She is relieved of reception and screening duties and is able to provide more direct services to the individuals referred to her by the I&R Specialist. She is also able to spend more time performing outreach activities so that more isolated migrant and seasonal farmworkers can become aware and benefit from the services available to them. · OHDC participants do not have to leave the building in order to access services offered by the North Marion Resource Center partners, the A.W.A.R.E. Food Bank and Mid-W'fllamette Valley Community Action Agency -- providing in effect, a comprehensive one-stop service location for many individuals and families. · OHDC operating expenses have been reduced by sharing overhead costs with three other agencies. As resources dwindle and the needs of our most vulnerable community members rise, the North Marion Resource Center represents a coordinated multi-agency response to meet those needs more effectively and efficiently. Accordingly, I strongly urge you to support the continued operation of the North Marion Resource Center. Sincerely, Ronald J. Hauge Acting Executive Director 6A by Christine Valdez On July 16, 1997, the North Marion Resource Center celebrated it's 'Open House" and newly remodeled center at 4'/6 Second Street in Woodburn. The noon-hour e~nt crea~ed a lively atmosphere of food and networking of many social service agencies interested in the concept of space and resource sharing. It's a win, win situation in that the client and ~ocial service agencies benefit by pulling together in consolidating services all in one building. The North Marion Resource Center is a model example of the upcoming trend for all social service agencies to follow amidst the constant battle of reduction in funds. "Open House" The Center is a realization of a dream and the result of a two-year collaborative effort by the following participating organizations: Marion-Polk Food Share's Migrant Outreach Project, Oregon Human Development Corporation,, AWARE Food Bank, and Mid-Willamette Valley Community Action Agency. The objective is to provide a "one- stop" service center for people in the community to promote serf-sufficiency by providing a food safety net, job training and centralized information and referral for low-income'people and farmworkers in Woodburn and North Marion County. Christine Valdez is Coordinator of Migrant Outreach and Agency Services. The Narth ~tarlon Resource Center, which combines several social service programs in one building, opened its doors in April. 6A I . Il! !It ,, ,-,, ,~ii,.~B**, ~ 6A cultivating, plantin~ ..nd other farm activities re- sume, she added. Alvarado contacts schools, churches and farmers and checirm out labor camps to come up with names of underprivileged farmworker dren. She then checks her list a~inst lis~ et the Sal. ration Army and other charitable organizations to ensure there's no dupUcations. The next step is decoratin~ the ~ree of Giving, set up in the Woodburn So~eway store, with ta~s made out with the children's names and a~es. People shoppin~ at the store pick e name, buy a prment and put it under the tres~ Over the years, the number of ,~mes has ~own from 90 to more t)~,~ 175, Alvarado said. And every year, as Christmas approaches, varado 8~ts on the phone, CA]H,~ peOple and or- es~-~ions to help her buy Sifts for children whose names haven't been picked. Many farmers around the northern ~LLlamette Valley have pitched in to help buy 8~s, donate food ~r C~ristmos trees and othe~ items, but one f&rmer's w~e always ©olnes through. '~he's always there for me, but aha doesn~ want anybody to know who she b~' Aivaredo said[ 'She always helps because we ha~ built a re- lationship oftrust over the years, m~d she knows whatever she ~ives is ~oin~ to help fermwork- er J[mids .' One day, Alvarado received a call from the fa]'mer's wife asl~in~ about the tnliou po~ter on farmworker union movement led by Cesta. Chavez. AJvarado said at first she was concerned the union issue might jeopardize their relation- Christmas program unt tes women with diverse background Daughter of union activist, wife of farmer join in effort to help farmworker familie By ED MERRIMAN WOODBIJ'RN. Or.. -- For six years the daughter of a farm- of a farmer often targeted by pick. stars have worked hand in hand to brin~ Christnms to needy chil- dren. took part in strikes and stoed in ifomla'a fasmworker union move- ment was born, ie an employment counselor at the Ore, on Human Development Corp. off'ice in Woodburn, Ore. ship. The farm had been the terser ofpicketin~ and union orLmnir, ational efforts by the ~reeplanters and Farmworkers Un,ted uu~on of Woodbur~ also known by the Spanbh acronym I~UN. Alvarado explained that she was 15 when she went with her father in 1967 to a boycott a~med at forch~ Cfdi~ornia ~rape 8rewers to negotiate union contracts for their workers. She told the farmer's wife that her father's role in that movement is a proud part of her heritage, wlLich the poster symbolizes. As they talked, the farmer's wife explained about bein~ torn between the economic realities of farm~,~_o and wantin~ to help farmworker fam- iJJes. The farmer's wife explained that she and her husband have tried to provide ~oc] ho~-in..~, fi~ir wqes and ~d wor~in~ conditions. She expressed frustration that despite those efforts, thee're still tarseted by I~UN. After they talked, Alvarado aaid aha and the farmer'a wife soemed to be brought even closer by shark~ their feeUnss and beUefa on an issue t~ey view so di~ferentJy. '~2ark~ my b&cksround and who ! was did- n% &4,~it~ the ~oft factor or any~i~,'Alvarsdo said. 'We have different views o~ the farmworkers' union, but we come to~ether to meet needs at Christm~.' h~ for children of fermworker fern. flies who sup through the ~ of ~ ,~ ~ p~s. ~y~ ~m~e ~ ev~ ~d ~ at l~ one p~ ~ o~ at C~' , ~v~ado s~d m~y f~- l~y, don2 s~ up for we~ ~e ~ply ~2 aw~ ~ P~ ~. ~e~ ~ ~d ~, she ~d. , M~y ~ve ~ wor~ e~ ~d ~ ~ ~ p~ud ~ ~ ~or COUNCIL MEETING MINUTES February 8, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 8, 1999. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0005 ROLLCALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Police Chief Wright, Community Development Director Goeckritz, Library Director Sprauer, Park & Recreation Director Westrick, Finance Director Gillespie, Management Analyst Smith, City Recorder Tennant 0023 Mayor Jennings stated that agenda item 1 lA is Council Bill No. 1947, agenda item 1 lB is Council Bill No. 1948, and agenda item 1 lC is the approval of the installation of "No Parking" signs on Woodland Avenue south of Hwy. 219. 0035 ANNOUNCEMENTS. A) Continuation of Public Hearing: The public hearing before the Council on the proposed Boones Crossing development (PUD #97-03, Annexation g97-08, Zone Change g97-12, Conditional Use g97-02, and Variance g07-12) will be held on February 22, 1999 at 7:00 p.m.. B) Public Hearing - Heritage Park Annexation: A public heating before the Council will be held on February 22, 1999 at 7:00 p.m.. C) Council workshop: The Council will hold a workshop to discuss library services on Monday, March 1st, 7:00 p.m., in the City Hall Council Chambers. D) Woodburn Art Center: The Glatt House Studio will be having their grand opening ceremony on February 13~, 10:00 am to 4:00 pm, at the Glatt House Gallery and Art Studio, 2551 N. Boones Ferry Road. Local residents are urged to attend this grand opening and to visit the gallery during the month of February which is exhibiting "The People Show". Mayor Jennings stated that the art studio is a great addition to our community. Page 1 - Council Meeting Minutes, February 8, 1999 TAPE READING 0077 0137 COUNCIL MEETING MINUTES February 8, 1999 AWARD OF ACCOMPLISHMENT. Mayor Jennings honored David Holt for his academic achievement by awarding him a Certificate of Recognition. Mr. Holt recently took the college entrance examination (ACT) and, out of 364,000 students, was one of 16 high school students who earned a perfect composite score. Mr. Holt expressed his appreciation to the City for this honor, and to all of his teachers and family in that his high score is a testimony for all of their work. WOODBURN FACTORY STORES - PROJECT UPDATE. Steve Craig, developer of Woodburn Company Stores Factory Outlet Center, presented a status report on the traffic improvements outlined in the condition of approval, the progress of the construction project, and information relating to the Local Improvement District (LID). He distributed a handout listing the required ODOT and City improvements and the anticipated completion date. In regards to the sign bridge, ODOT has stated that they do not have time to design the sign bridge in the immediate future, therefore, Woodburn Company Stores has offered to design the sign bridge and to deduct this cost from their $50,000 required contribution. It was also noted that the street light design is contingent upon ODOT design for the purpose of making the lighting consistent along Amey Rd. since part of the lighting south of the development is in an ODOT control area. Many of the improvements should be completed by June 15t~ with the initial opening date of July 15th and a Grand Opening the 3~d week in August. Terry Hepner stated that he had contacted benefitted property owners involved in the street improvement of Robin Lane (behind Miles Chevrolet) and Woodland Avenue. Of the 5 property owners that would share in the cost (approximately 51 acres), it is questionable if ODOT is willing to participate (1.74 acres) and Moore Clear Co. (4.25 acres) has stated that they are not willing to participate. In regards to the costs associated with a traffic signal at Hwy. 219 and Woodland Ave., Waremart is willing to participate in sharing the cost but Miles Chevrolet and Moore Clear Co. are not willing to participate and it is questionable if ODOT is willing to participate. He stated that Waremart wants the cost share to be based on trip numbers created by each property owner but Woodbum Company Stores does not feel that this concept is workable due to the difficulty in trying to come to an agreement on a truck versus automobile ratio. Additionally, some of the properties within this benefitted area have not been developed and it would be difficult to determine the impact using that concept. They, along with Waremart, Hershberger Motors, and Dale Baker, would rather not enter into an LID but pay their share at the time of the signal. He stated that he has spent considerable time to get property owner agreement on these improvements and, since it has not been accomplished as of this date, requested assistance from the City to help bring these issues to a close. Steve Craig stated that they are trying to do all of the improvements that have been required and the remaining items that have not been done or contracted for have to do 8A Page 2 - Council Meeting Minutes, February 8, 1999 8A COUNCIL MEETING MINUTES February 8, 1999 TAPE READING 0826 with decisions that need to be made by ODOT. Additionally, they have made an effort to put together a LID for the traffic signal, however, in his opinion, the time that it will take relative to the cost of that LID does not warrant the establishment of a LID. In regards to the Amey Road improvement, an LID would be warranted and he feels that there is still sufficient time to complete this improvement. He requested Council assistance by authorizing staff to work toward the LID on the street improvement project and in the negotiation of a final payment schedule for the traffic signal. He thanked the staff for their cooperation and stated that the project is slightly behind schedule due to adverse weather conditions. Mayor Jennings stated that he was willing to facilitate a meeting of all the involved parties. Councilor Bjelland questioned staff regarding the formation of an LID and whether or not the number of parties agreeable to the project would be sufficient to move foward with an LID. Public Works Director Tiwari stated that an LID is a lengthy process involving the passage of a Resolution of Intent, public hearings, engineering plans, contract award, and construction. He stated that the engineering design is already being done by the developers and it will not be charged to the LID, however, he still feels that the construction will not be completed in time. In regards to proration of costs, the staff makes a formula recommendation with the Council making the final decision. 1000 PROCLAMATION: PREVENT A LITTER MONTH AND SPAY DAY USA. 1150 Mayor Jennings proclaimed the month of February 1999 as "Prevent a Litter Month" and February 24th as "Spay Day USA" and urged residents to have their animals spayed or neutered or to sponsor the spaying or neutering of dogs or cats. CHAMBER OF COMMERCE REPORT. Teresa Sonara, representing the Chamber Board, informed the Council of the following upcoming Chamber events: 1) On February 11"~, the Chamber's Business After Hours will be held at Key Title; 2) On February 23"~, 7:00 p.m., the annual First Citizen Recognition will be held at the United Methodist Church. This is a dessert social and tickets can be obtained at the Chamber Office. The award winners will be announced in the February 17th edition of the Woodburn Independent. 3) Student Job Shadowing Day will be held on February 25a' and students will visit numerous worksites within the community. Guest speaker at this luncheon will be Chris Bergstrom who is a student at Tigard High School and is also on the Tigard City Council. Page 3 - Council Meeting Minutes, February 8, 1999 TAPE READING 1126 1210 1244 COUNCIL MEETING MINUTES February 8, 1999 Nancy Kirksey, representative of the County Councils of Oregon, stated that Senators Gordon Smith and Ron Wyden will jointly appear at town hall meetings throughout Oregon to listen to the concerns of Oregonians. She urged Councilors and local citizens to contact her or Mayor Jennings if they would like to have any comments or concerns passed onto the Senators. CONSENT AGENDA. A) Approval of the Council workshop minutes of January 15 and 16, 1999, and the Council regular and executive session minutes of January 25, 1999; B) Acceptance of the Library Board minutes of January 27, 1999; C) Acceptance of the Planning Commission minutes of January 14, 1999; D) Receipt of a report regarding Boones Ferry Road speed limit; E) Receipt of the Police Department activities report for November 1998; and F) Acceptance of claims for the month of January 1999. FIGLEY/SIFUENTEZ .... approve the consent agenda as presented. The motion passed unanimously. PUBLIC HEARING - LOCAL LAW ENFORCEMENT BLOCK GRANTS FOR 1997 AND 1998. Mayor Jennings declared the public hearing open at 7:40 p.m.. Chief Wright stated that the City was the recipient of block grant funds from the US Bureau of Justice Administration for 1997 ($17,368) and 1998 ($17,297). These grants require a 10% match of city funds and, prior to the release of grant funds, the following conditions must be met by the City: 1) an Advisory Board makes a recommendation on the expenditure of grant funds, and 2) a public hearing is held before the Council to receive additional input from the public on the expenditure of the funds. The Advisory Board is recommending the purchase of a video imaging system with the 1997 funds and either a document imaging system or an automated fingerprint identification system with the 1998 funds. He stated that it may be up to a year before a final decision is made by the Board as to whether the document imaging system or fingerprint identification system is purchased with the grant funds. No one in the audience commented on the use of the 1997 and 1998 block grant funds. Mayor Jennings closed the public hearing at 8:46 p.m.. FIGLEY/SIFUENTEZ .... approve the receipt and allocation of 1997 and 1998 block grant funds for the purchase of a video imaging system and either the document imaging or fingerprint system. The motion passed unanimously. Page 4 - Council Meeting Minutes, February 8, 1999 TAPE READING 1480 COUNCIL MEETING MINUTES February 8, 1999 COUNCIL BILL 1947 - RESOLUTION ENTERING INTO AN AMENDED AGREEMENT WITH SALEM AREA TRANSIT DISTRICT FOR FISCAL YEAR 1513 1998-99. Council Bill 1947 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 1947 duly passed. COUNCIL BILL 1948 - RESOLUTION ESTABLISHING A PUBLIC I4F~ARINC DATE FOR VACATION OF A PORTION OF ARNEY ROAD. 1552 Council Bill 1948 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1948 duly passed. The public hearing will be held on March 8, 1999. APPROVAL OF PLACEMENT OF "NO PARKING" SIGNS ON WOODLAND 1583 AVENUE SOUTH OF HIGHWAY 219. Based on safety concerns raised by Waremart, staff recommended the establishment of a "No Parking" zone on both sides of the north/south section of Woodland Avenue and the eastern 100 feet of the east/west section of Woodland Avenue. PUGH/FIGLEY... approve the installation of "No Parking" signs on Woodland Avenue south of Highway 219 as recommended by staff. The motion passed unanimously. BID AWARD - SKID STEER LOADER FOR WASTEWATER DIVISION 1640 Bids were received from the following vendors: Salem New Holland, $36,510.00; Bobcat of Portland, $39,984.40; Western Power & Equipment, $43,509.00; and Ail'pro Equipment, Inc., $49,135.55. After a review of the bids, staff recommended that the low bid from Salem New Holland be rejected since it did not meet city specifications, and the bid from Bobcat of Portland be accepted since it did meet all specifications. FIGLEY/SIFUENTEZ .... low bid from Salem Ford New Holland be rejected for not being in substantial compliance with specifications. The motion passed unanimously. BJELLAND/SIFUENTEZ... award the contract to the second low bid from Bobcat of Portland for a Skid Steer Loader in the amount of $39,984.40. The motion passed unanimously. BID AWARD - STEP VAN FOR THE WASTEWATER DIVISION. Bids for a 1999 step van were received from the following vendors: Hershberger Motors, $26,258.00; Miles Chevrolet, $26,831.67; Cascade Chevrolet, $26,946.00; and Traschel Buick-GMC, $28,125.00. Staff recommended that the low bid be rejected since it was Page 5 - Council Meeting Minutes, February 8, 1999 TAPE READING 1678 1731 COUNCIL MEETING MINUTES February 8, 1999 not in substantial compliance with specifications, and the bid be awarded to the second low bid which was in substantial compliance with city specifications.. FIGLEY/PUGH... reject the low bid from Hershberger Motors for not being in substantial conformance with specifications. The motion passed unanimously. PUGH/KILMURRAY... award the contract to Miles Chevrolet for a 1999 step van in the amount of $26,831.67. The motion passed unanimously. 1999 RENEWAL OF LIQUOR LICENSES. The staff report reviewed the established standards and criteria which the Police Department follows in making their recommendations to the City Council. For 1999, staff recommended that the Council recommend to the Oregon Liquor Control Commission (OLCC) the renewal of the following liquor licenses: Package Stores: AM-PM Mini Mart, Bi-Mart, Crossroads Deli, E-Z Stop Market, Gary's Market, Payless (Rite-Aid), Lind's Plaza Market, OLCC Store #60, Piper's Jewelry, Roth's IGA, Safeway, Salvadore's Bakery I, Salvadore's Bakery Ill, Shop N Kart, Su Casa Imports, 7- 11 Store, Westview Texaco, Woodbum Chevron, Young Street Market Class "A" Dispensers: Chu's Eatery, Chung Sing Restaurant, The Pier, Playa de Oro, Yun Wah Chinese Restaurant Class "B" Dispensers: Eagle's Lodge, Woodbum Elks Class "C" Dispensers: Lupita's Retail Malt Beverage: Abby's Pizza Inn, Denny's, I-5 Fitness Center and Deli, La Unica, Members Club Inc., Pizza Cabana, Pizza Hut, Raven Inn, Sally's Pizza, Senior Estates Country Club, Taqueria Guadalajara, Woodburn Lanes. As noted in the staff report, Chu's Eatery, Raven Inn, and La Unica currently have compliance plans in place. BJELLAND/SIFUENTEZ... Council recommend to the Oregon Liquor Control Commission the renewal of the above listed liquor licenses for the year 1999 as provided for in the memo dated February 3, 1999 from the Chief of Police. The motion passed unanimously. COUNCIL WORKSHOP -- DISCUSSION ON DRAFT ANNEXATION GOALS, 8A POLICIES AND PROCEDURES. Mayor Jennings opened the workshop at 7:55 p.m.. Even though it continues to be a public meeting, the workshop is an informal meeting and Councilors will be allowed to ask questions of the presentors on the topic of discussion. Page 6 - Council Meeting Minutes, February 8, 1999 8A COUNCIL MEETING MINUTES February 8, 1999 TAPE READING Community Development Director Goeckritz stated that the 10-page discussion paper addressed the following three issues: 1) growth, 2) controlling growth within the Urban Growth Boundary through the annexation process, and 3) establishing standards and criteria that either allow or possibly deny an annexation request. Staff is suggesting that a pre-annexation application be submitted by the applicant prior to submittal of the complete development application. Another objective would be to make sure that areas be annexed that are presently enclaves within the City. He stated that most of the criteria developed has been focused on residential development and it is suggested that the following criteria must be met in order to be considered for annexation: 1) be contiguous with city limits, 2) extension of public facilities and services, 3) bounded on 3 sides by the City limits with exception available once it goes through the review process, 4) only allow for 3-year supply of land availability; and 5) implement minimum residential density standards. Director Goeckritz stated that the City currently has 16 years of available land that can be developed for residential use, however, he did qualify this statement in that the final buildable lands inventory may adjust the 16 year figure. In addition to the above criteria, one of the following 5 criteria must be included: 1) extend major street system, 2) connect an existing stub, 3) serve an unmet community need, 4) reinforce use of a CIP project, or 5) be developed as a Planned Unit Development (PUD). He suggested that g4 be considered as a required criteria. In regards to Commercial and Industrial use annexation proposals, suggested required criteria are: 1) contiguous with city limits, 2) extension of public facilities and services, and 3) not require special community financial incentives. Other criteria to be considered as part of a commercial or industrial annexation are 1) create employment opportunities with a "Living Wage", or 2) diversification of the local economy. He referred the Council to pages 10 and 11 of the staff report which identify the positive and negative consequences of limiting the amount of buildable residential land within the City. Councilor Bjelland questioned if the acreage listed in the report was gross acres which, if correct, would project out to a 20-year supply of available land. Director Goeckritz stated that the buildable lands inventory will give the City updated information on the amount of land currently available for development. Administrator Brown stated that the next step is to start working towards making necessary amendments to the Comprehensive Plan and the Zoning Ordinance. It is anticipated that the amendments would be completed for Council consideration in June. Councilor Bjelland expressed concerns on 1) the criteria that the property must touch on 3 sides and (2) the 3-year need. He stated that there would be very few parcels that would meet the 3-side criteria and suggested that 2 sides would be more appropriate. He also expressed concern that legal issues may arise from the 3-year supply of land availability since we have such a large supply of residential land already available for development. Director Goeckritz stated that there is an exceptions process that the applicant can follow if not all of the criteria is met but strong justification may be a factor in the applicant's Page 7 - Council Meeting Minutes, February 8, 1999 COUNCIL MEETING MINUTES February 8, 1999 TAPE READING decision to appeal the staff's decision to the Planning Commission and/or City Council. In regards to the land availability, Ashland does have criteria that establishes a 5-year need of residential land. Mayor Jennings stated that he sees the suggested as a tool for slowing down annexations rather than declaring a moratorium on annexations. Councilor Pugh briefly commented on growth being inevitable and the importance of sensible and practicable growth. Mayor Jennings closed the workshop at 8:23 p.m.. 2900 CITY ADMINISTRATOR'S REPORT. A) Livability Task Force: On March 17th, Lillian Warzynski Court will be dedicated along with honoring a Neighborhood and Indivdual Home of the Year. It is anticipated that awards will be given every 6 months and will also include businesses and Volunteer/Community Projects. A large plaque will be hung in City Hall with smaller plaques inscribed with the names of the winners which will be displayed over many years. He will be creating a Livability budget line item or Livability budget since there will be some costs associated with this program. Councilor Sifuentez stated that it will be named Lillian Warzynski Plaza rather than Court. 3024 Tape 2 0088 Chief Wright stated that, as part of the officer training program, a "Rolling Range" was brought into town which provided our officers with an computerized simulated indoor pistol range which is housed in a steel encased 40 foot trailer. Mayor Jennings stated that he had an opportunity to watch an officer go through one of these exercises and was very impressed with this type of computerized situation training. MAYOR AND COUNCIL REPORTS. Councilor Sifuentez thanked the Mayor for giving the award to David Holt. She stated that she has known him since he was a young child and is very proud of his accomplishments. She also stated that there is a lot of talent among the residents of the City and she is very proud of what these individuals have to offer. Councilor Chadwick stated that at the last Senior Estates coffee hour, they had a speaker on the subject of Seams and, according to this individual, Bend and Woodburn are the two cities in Oregon that have the highest number of complaints. Councilor Pugh stated that he has found that you can request your name to be removed from a telemarketing list which, in some cases, does help to reduce the number of telephone calls. Page 8 - Council Meeting Minutes, February 8, 1999 .8A COUNCIL MEETING MINUTES February 8, 1999 TAPE READING Mayor Jennings briefly reviewed the various Council liaison positions: Councilor Pugh Elected represented to 9-1-1 Board Councilor Figley Park Board Councilor Chadwick Library Board Councilor Kilmurray Fire District Board of Directors Councilor Sifuentez School Board He assured Councilor Bjelland that he would appoint him to a liaison position once he has had a chance to talk to him about his preference and time availability. 0240 In regards to the recognition program, Mayor Jennings urged the Councilors to give him names of individuals, neighborhoods, businesses, or volunteer group deserving of recognition. 0252 EXECUTIVE SESSION. FIGLEY/PUGH... Council adjourn to executive session under the authority of ORS 192.660(1)(f) and ORS 192.660(1)(h). The motion passed unanimously. The Council adjourned to executive session at 8:37 p.m. and reconvened at 9:05 p.m.. 0263 Mayor Jennings stated that no decisions were made in executive session. Councilor Figley expressed her opinion that she would like to pursue the issue of how the C C & R's and conditions of approval are handled, and, understanding that the staff is working on this issue, it will be addressed at a later date. Councilor Pugh stated that numerous developers will setup C C & R's which are enforced during the development process but never formally record the C C & R's for a Homeowners Association to enforce. 0335 PUGH/FIGLEY .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:08 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 9 - Council Meeting Minutes, February 8, 1999 Executive Session COUNCIL MEETING MINUTES February 8, 1999 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 8, 1999. CONVENED. The Council met in executive session at 8:45 p.m. with Mayor Jennings presiding. ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Present Councilor Pugh Present Councilor S ifuentez Present Mayor Jennings reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant The executive session was called under the authority of: 1) ORS 192.660(1)(h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed; and 2) ORS 192.660(1)(0 to consider records that are exempt by law from public inspection. ADJOURNMENT. The executive session adjourned at 9:03 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Council Executive Session Minutes, February 8, 1999 8B WOODBURN PLANNING COMMISSION January 28, 1999 CONVENED The Planning Commission met in regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Young P Vice Chairperson Cox P Commissioner Will P Commissioner Lawson P Commissioner Frawley P Commissioner Gerbracht P Commissioner Gunderson P Commissioner Lima P Commissioner Mill P Staff Present: Steve Goeckritz, Community Development Director Randy Rohman, Project Manager Nancy DeVault, Secretary MINUTES Commissioner Frawley requested that a change be made on Page 10 under discussion to reflect that his concerns were regarding the metal siding and not the roof. Commissioner Frawley commented that the Council Workshop Minutes of December 18th were included in the packet so that Commissioners could see what went on in the Workshop. Commissioner Frawley moved to accept the Planning Commission minutes of January 14, 1999 with the noted correction and the Council Workshop minutes of December 19, 1998. Commissioner Will seconded the motion. Motion carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS None PUBLIC HEARING A.~. Continued - COMPREHENSIVE PLAN MAP AMENDMENT 98-03, ZONE MAP AMENDMENT 98-07 AND SUBDIVISION 98-03, MONTEBELLO I Chairperson Young opened the Public Hearing. Planning Commission Meeting - January 28, 1999 Page I of 11 Staff made the presentation as reflected in the Staff Report and contained in the Planning Commission Packet. He requested that the Commission make two separate motions (1)either approve or deny the reconfiguration and then (2) approve or deny the subdivision request. Commissioner Gunderson asked whY this had to be done if it has already been done by Ordinance? Staff explained that the Ordinance does not go into effect until we have gone through the Public Hearing process and acknowledge the fact that the applicant has met the three criteria that he was required to do. Commissioner Mill inquired whether this configuration only goes with Capital Development or would it go with any other developer that would acquire this property? Staff responded that it would go with any other developer that acquired the property from Capital Development. Chairperson Young pointed out that the discussion was not about traffic issues and requested that proponents/opponents keep in mind that the discussion is whether the developer will put commercial up against the homes or if you have single family homes up against that area. Ex Parte Contacts Vice Chairperson Cox once again disqualified himself from the hearing due to conflict of interest. Testimony by Applicant George Wilhelm, Wilhelm Engineering Inc., P.O. Box 561, Woodburn, OR deferred any further comments until after all comments were heard. Chairperson Young requested that comments be limited to five minutes. Testimony by Proponents Don Baur, 375 S. Columbia Dr., Woodburn, OR referred to Commissioner Lawson's comments at the last hearing regarding tax rolls. Mr. Baur reiterated his previous suggestion that a 65~35 split with the wall at the 35' property line. Eloise Thompson, 371 S. Columbia, VVoodburn, OR remarked that it is crucial to have a sidewalk on Hayes from Nellie Muir School to Walmart and on Evergreen to 214. She suggested that the City utilize some of the TIF and SDC monies towards the sidewalk. Testimony by O_~Donents Gordon Grodd, 839 Columbia Dr., Woodburn, OR entered into the record and read statements he received from 35 residents on his street regarding opposition to the subject Planning Commission Meeting - January 28, 1999 Page 2 of 11 8B plan map amendment, zone change, and the 75-1ot subdivision. to the Commission. Reasons for opposition included: a. b. C. d. Copies were fumished Traffic counts are out of date and Factory Outlet traffic was not considered. No read access into Capital's 174 acres except Evergreen and W. Hayes St. Increased traffic will affect the two W. Hayes golf cart/pedestrian crossings. Pedestrians are walking in the Street on Hayes. Evergreen Extension 100' x 1700' right-of-way no longer needed for roadway. Mary Lee Brown, 2242 W. Hayes, Woodburn, OR entered her statement and those made by her neighbors into the record. Copies were provided to the Commission. She stated she thought that the City was supposed to notify residents of changes to their property before it was discussed. Vice Chairperson Cox interjected to clarify to the Commission and audience that when the property is donated by one property owner up to his property line, if vacated, it would go back to what ever party now owns the property. He explained that the property would go equally if the property came from a property that was on both sides of the vacated right-of- way. Barbara Lucas,214 E. Clackamas Circle, Woodburn, OR statement was entered into the record and copies were provided to the Commission. She asked that the Planning Commission make a completed roadway from W. Hayes to Parr Rd a condition of approval for the plan map amendment, rezoning and the 75-1ot subdivision. Mrs. Lucas added that occupancy of Capital's housing or commercial facilities not be allowed until the road is finished. Mike DeSantis, 173 McLoughlin Dr., Woodburn, OR commented that there needs to be additional means to get in/out of these subdivisions. Something needs to be done with Evergreen rather than turning it into a weed patch. In closing, Mr. DeSantis pointed out that we must realize that we are all part of Woodburn and we all have to share the streets in front of us, the young and the old. Keith Wollen, 259 W. Clackamas, Woodbum, OR referred to the handout he provided at the last meeting. He commented that an east/west arterial is needed on the east side of town from 214 to I-5. Walt Blonberg, Woodburn School District, 945 N. Boones Ferry Rd. reported the following: · Nellie Muir School has 15 classrooms at 25 children per classroom. They presently have 454 children, of which 375 are in the main structure and the rest are in modulars. · Heritage Elementary has 23 classrooms at 25 children per classroom. Presently they have 575 children in the main classrooms, while the rest of the children have been moved into large corridor areas. Planning Commission Meeting- January 28, 1999 Page 3 of 11 8B He stated that the School District are not opponents of growth. A demographic study was done and found that Woodburn's district is one of the fastest growing communities in the State of Oregon. Mr. Blomberg expressed his appreciation for having had the opportunity to speak and to provide some facts. He added that the District sees the schools as a critical piece of the community and one that will probably be a driving force in whether the homes sell and how quickly. Mr. Blomberg further remarked that he would like the Commission to consider the District partners as development and growth are considered. Commissioner Frawley expressed his pleasure with the School being represented at the meeting. Commissioner Lawson asked Mr. Blomberg whether the School District has discussed the possibility of lobbying for System Development Charges for schools? Walt Blomberg explained that he is fairly new to Woodburn therefore, he could not answer but he believed that it has not been that successful in other communities in the State that have tried it. As far as he knows, the Board has not discussed it since he's been there, which is July. Commissioner Will inquired as to what percentage of the student body came from the City of Woodburn and what percentage came from the outside? Walt Blomberg replied that he could not define this from the top of his head but that he could find the information. Commissioner Mill interjected to request an exemption of the 5 minute deadline since he invited Mr. Blomberg as a resource. He proceeded to ask Mr. Bloomberg what is the current situation at Valor Middle School? Walt Blomberg responded that there are 21 usable classrooms, some of which are used as a computer lab and house specialists. He explained that 15 rooms can hold 375 kids. Currently they have 368. Mr. Blomberg reported that they are at capacity with the current curriculum and that in order to fit more children they would have to do things that take existing classroom space to get more room for more children. He added that unfortunately by the time the school bond measure was passed and the capacity of folks to support the bond basically kept them at almost the same level they were before, full. Commissioner Lima queried Mr. Blomberg as to how many kids would 75 houses provide? Walt Blomberg replied that if the homes cost $170,000 to $250,000 these would be more empty nesters and maybe families that are more secure. If they are homes between $80,000 and $130,000, these would probably be younger families that would bring in more young kids. Planning Commission Meeting - January 28, 1999 Page 4 of 11 8B Chairperson Young remarked that the reason for which Woodburn is growing so rapidly is because it is a nice place to live in. Rebuttal George Wilhelm commented that the applicant have contributed to the Transportation Plan for this area and the application is a step in completing the plan. Additionally, he stated that it is not known whether half of the property on Evergreen came from Capital Development however, Capital Development and the applicant would be willing to work with the City however they choose to handle this issue. Mr. Wilhelm also remarked that the applicant is willing to provide the sidewalk and work with the City to accomplish this. In summary, Mr. Wilhelm commented that the applicant is doing their share to handle the problems and the proposal is in agreement with the Transportation Plan and comments from Staff. Questions Commissioner Mill asked what the average price range on the homes were? George Wilhelm said he thought it would be between $150,000 to $200,000 but he was not sure whether this was totally set at this point. Chairperson Young explained that the process that is involved with the Planning Commission does not determine whether or not anything happens. He added that what they are doing is recommending to the City Council. CommissionerWill requested clarification regarding the right-of-way issue on Wets Hayes. Staff replied that he believed there is approximately 30' of right-of-way but he requested that Randy Rohman cladfy this issue. Randy Rohman, Project Manager explained that on the right-of-way through the West Hayes St. section there is 60' right-of-way. There is approximately 12' to 15' of right-of-way available on each side of the roadway so that sidewalks would be constructed on City property. He further explained that the sidewalks on that street are included in the Transportation System Plan that was adopted by Council in 1996. As in the City Ordinance, the property owner is required to properly maintain the sidewalks in front of their property. Randy Rohman mentioned that the sprinkler system would be moved back adjacent to the sidewalk and that there is currently no shielding available on the front of the homes which is normally not a process of installing sidewalks. Commissioner Will inquired whether the applicant is willing to pay 100% of the cost from Evergreen to Cascade? George Wilhelm responded that he believed that Capital Development has not objected to this condition and City Staff has made this a condition of approval. planning Commission Meeting - January 28, 1999 Page 5 of 11 8B Commissioner Gunderson asked Staff who owns the property that said 150' right-of-way way back when? Staff said he did not have this information at this time but that it was rumored that it was developed during the Senior Estates development and the 100' was donated by developer of Senior Estates. Commissioner Gunderson questioned whether a north/south street from Hayes to Parr Road go through the 100' right-of-way? Staff replied that the Council has been emphatic that a road will not be put on the Evergreen strip and that Council has not determined how the 100' strip will be used. Staff explained that there are two different alternatives to accommodate a north/south route to Parr Rd. eventually. Public Hearing Closed Chairperson Young closed the public hearing. Discussion Commissioner Lawson moved to recommend to the City Council the granting of the changing of Plan Map Amendment 98-03 and Zone Map Amendment 98-07 with conditions. Commissioner Frawley seconded the motion. Motion carried with abstention from Vice Chairperson Cox. BREAK Commissioner Mill remarked that the present City infrastructure can not adequately support this project. He also stated that there is a need to develop our own infrastructure to include the School District. Commissioner Lima concurred with Commission Mill. Commissioner Will agreed to an extent with Commissioners Mill and Lima but felt this project needed to be approved. He asked Staff how to handle property reverting back to the original owner?. Staff replied it would be a Council decision as to how this property would be utilized in the future but that the Commission could make a recommendation to have Council review the issue of the 100' vacated land. Commissioner Lawson explained that before there was a north bypass 214, the City was planning for a south by-pass. The Evergreen Road, as is dedicated now, was intended for a south by-pass which is why there is an extra-wide right-of-way. He further added that It was supposed to have been extended to Parr Road and 99E. This plan had to be abandoned because we lost the outlet on 99E to Shalimar Mobile Home development. Planning Commission Meeting- January 28, 1999 Page 6 of 11 Therefore, the County, State and City came in and acquired the property from Highway 214 and put in the north by-pass leaving us with the right-of-way for Evergreen Road. North by-pass was dedicated in the early 1970's and he doubts very much that this property came from Senior Estates and believes it came from the developer to the west. Commissioner Lawson moved to amend the conditions to add a condition requesting that the Council make an effort to get this property back on the tax rolls. Commissioner Will seconded the motion. Motion carried with Vice Chairperson Cox abstaining. Commissioner Gunderson requested that this be placed in bold letters. Commissioner Frawley agreed in part with Commissioner Mill regarding the traffic study. He also commented that if this project is denied, the property and part of the transportation plan will stagnate. Commissioner Mill also agreed with Commissioner Frawley and stated that there needs to be a source of funding. Commissioner Will moved to approve Subdivision 98-02 with conditions of approval including the condition brought forth by Commissioner Lawson. Commissioner Frawley seconded the motion, which carried. Vice Chairperson Cox abstained from voting. FINAL ORDERS A. SPR 98-23, NAPA Retail Building (16,$00 sq.ft.) located at the northwest corne, of James Street and Highway 99E. Chairperson Young commented that the motion that Commissioner Cox brought forth was somewhat different than the language contained in the order under condition #14 and he stated that he wanted to make sure that this was the spirit of the motion that was approved by the Commission in the January 14, 1999 meeting. Staff referred to item 4 on page 10 of the minutes. Staff will incorporate Commissioner Cox's exact language into the order. Vice Chairperson Cox moved to approve the proposed Final Order SPR 98-23 as submitted by Staff with the change in paragraph 14 to make it read consistent with the minutes. Commissioner Frawley seconded the motion. Motion carried. B_~. Variance 98-16, 10 foot Variance to the special set back requirement from Wesl Lincoln Street, James and Rose Lee Wakefield Commissioner Gunderson moved to approve Variance 98-16. Commissioner Mill seconded the motion, which carried. 8B Planning Commission Meeting - January 28, 1999 Page 7 of 11 C__~. Conditional Use 98-05, House of Zion, 344 Bradley Street, Mary Bolland a~)Dlicant. Commissioner Will and Commissioner Mill abstained from voting since they did not finish the meeting held on January 14t' for the Conditional Use 98-05. Commissioner Frawley moved to aCcept the Final Order on Conditional Use 98-05. Commissioner Lima seconded the motion. Motion carried with Commissioner's Will and Mill abstaining. DISCUSSION ITEMS A.~. Memorandum from Vice Chairperson Jim Cox regarding Chemical Toilet Usage. Chairperson Young expressed his appreciation for Vice Chairperson Cox's efforts in researching this issue. Vice Chairperson Cox stated that he knows that this is not one of the most important issues to come before the Commission. However, he explained that when issues like these come up they should be followed through and accurate information should be received, none of which he felt had occurred in this case. Commissioner Cox read the ordinance and he stated that there are no exceptions under our own ordinance that allow chemical toilets. Commissioner Mill concurred with Vice Chairperson Cox and added that the School District's creating an intolerable situation for themselves. He suggested that the School District be approached on an informal basis. Commissioner Gunderson suggested to contact Bull Dog Barkers and find out if they can build a restroom similar to the one by the High School tennis courts, thus eliminating the need for portable toilets. He inquired about the construction sites? Commissioner Lima expressed his concerns that there are farmers and construction workers that utilize these. Chairperson Young interjected to say that he does not have a problem with having these temporarily on construction sites. Staff clarified that under the Building Codes, construction sites are required to have portable toilets on site. Staff requested guidance as to how the Commission wishes to address this issue with the School District? Staff suggested that Frank Tiwari, Public Works Director, talk with Jack Reeves, School District. Chairperson Young agreed that Public Works would be a better arena than code enforcement. Commissioner Will mentioned that he followed up with Marion County and found out that all they require is that farm workers must have washing facilities with portable toilets. Planning Commission Meeting - January 28, 1999 Page 8 of 11 Staff will speak with Frank Tiwari and will provide a memo to the Commission as to what the disposition is and what the School District had to say. REPORTS A.~. Memorandum from Chief of Police, Ken Wright regarding Towing Abandoned Vehicles. Commissioner Will stated he would like to thank Chief Wright for his reply and that he loved the last paragraph of the memo. B.~. SPR 98-24 Senior Estates Equipment Washing Facility. Staff explained that this was an administrative decision but would like the approval of the Commission to be able to proceed and allow the building permit to be issued. Chairperson Young asked what types of vehicles were they planning on washing? Staff responded it would be mowing equipment. Commissioner Frawley assumed that this would include the pickups? Staff replied that the facility might be large enough to wash down small pickups. Commissioner Lima moved to approve Staff's recommendation. Commissioner Frawley seconded the motion, which passed. Commissioner Cox abstained from voting due to conflict of interest. BUSINESS FROM THE COMMISSION Chairperson Young informed the Commission that he met with Mayor Jennings and discussed with him the opportunity to have the Planning Commission meet with the City Council in a workshop type situation with no specific topic to be addressed. He stated each Commissioner would have about 3 to 5 minutes to talk about things they would like to see. Several dates were suggested: February 18th, March 4th, or 18~h from 7pm-9pm. Chairperson Young stated anyone may be invited. Staff said that we would want to maintain casual meeting, therefore there will be goodies, coffee, tea etc. provided to make for a comfortable setting. Commissioner Mill inquired whether there are any plans to do any actual vision planning involving the community and moving forward? Staff responded that the City Administrator is setting up a program for visioning in which they go out and try to capture as many people as possible and provide workshops to bring people together to get their ideas as to what they believe the community should be about. Staff suggested the placement of banners in some of our rights-of-ways letting people know that there will be workshops held. SB Planning Commission Meeting- January 28, 1999 Pago 9 of 11 Commissioner Lima mentioned that he asked Mayor Jennings to replac~ the council chamber chairs. He stated that the Mayor told him that he also has the same type of chair and related to him that while sifting in his office for 4 hours in a meeting, he could not get up from it. He requested if someone else could whisper in the Mayor's ear about the chairs, to please do so. Commissioner Will pointed out that the OGA put in there sidewalks and wondered when the City would be putting in theirs? Staff will ask Frank about it. Commissioner Will addressed the vision problems on 99E and provided pictures to Staff depicting the McDonald's and Papa Murphy's sandwich board signs. Vice Chairperson Cox stated he would like to talk about the sign ordinance at another meeting. Staff informed the Commission this issue will be placed on the agenda for the next meeting. Commissioners inquired about the status of hiring a Senior Planner? Staff responded that he is not involved in the review process for interviews. The panel will provide him with what they feel are the two best to choose from. Staff stated that hopefully this will happen in the latter part of February. Commissioner Mill asked how he could get a sidewalk fixed that the City broke? Staff answered that there is a program where the City will participate in 50% of the cost of repairing the sidewalk but that in his case Commissioner Mill would need to speak with Frank Tiwari. Commissioner Gerbracht complained about some of the sign identifications being very small, hidden or twisted. He wondered if it was possible that bigger signs could be provided? Staff requested that Commissioner Gerbracht provide him with some specific street signs so that he could let the Street Department know and possibly they may take care of it. Commissioner Lima complained that there are potholes on Settlemier and the painting on the median is gone making it difficult to see at night. Vice Chairperson Cox inquired whether Staff spoke with someone regarding the situation on Tukwila Drive? 8B Planning Commission Meeting - January 28, 1999 Page 10 of 11 8B Staff responded that he had and will provide the letter addressing this to Commissioner Cox. He explained that the letter describes the situation in regards to the bricks and if there is failure, the developer is responsible for the replacement of those bricks. If the developer does not take responsibility, basically the City will pave over it because bricks are very difficult to maintain. ADJOURNMENT Commissioner Frawley moved to adjourn the meeting. Motion was seconded and carried. Planning Commission Meeting - January 28, 1999 Pago 11 of 11 Community Development 270 Montgomery Street Woodburn, Oregon 97071 8C MEMORANDUM (503) 982-5246 Date: To: From: Subject: January 29, 1999 Steve Goeckritz, Community Development Director Robed L. Mendenhall, Building Official Building Activity for January 1999 January 1997 January 1998 January 1999 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 7 $10,555,863 8 $760,807 7 $601,470 Multi Family 0 $0 2 $144,809 0 $0 Residential Adds & Alts 9 $90,000 12 $85,049 2 $4,500 Industrial 0 $0 0 $0 0 $0 Commercial Value 2 $213,500 2 $38,308 0 $0 Signs, Fences, Driveways 4 $6,425 4 $7,875 0 $0 Manufactured Homes 9 $345,000 7 $277,000 4 $60,443 TOTALS 31 $11,210,788 31 $1,313,848 13 $666,413 July 1 - June 30 Fiscal Year To Date $36,709,325 $38,023,174 $22,134,320 RLM:nd",~. Bldg~activi~ January 99 8C BUILDING DEPARTMENT PERMIT TOTALS FOR 1999 MONTH OF JANUARY CITY PERMITS: Building Permit Fees Mechanical Permit Fees Plan Review Fees State Surcharge 5% NUMBER VALUATION 22 1.111,330.85 7 26 TOTAL COST 3,640.38 185.88 4,112.91 295.76 New Residence Residential Adds & Airs Industrial Commercial Signs Fences Mobile Homes Mobile Home Park Multi-Family Units M.C. City Admin Fee System Development Chg Sewer Connection Fee Water Connection Fee T & E Fee Water Meter Install Fee Water Meter Fee (Deposit) Right of Way Fees Traffic Impact Fees Curb Cuts Parks COUNTY PERMITS: Plumbing Fees Electrical Fees Mechanical Fees Plan Review Fees 601,470.00 4,500.00 0.00 0.00 0.00 0.00 60,442.92 0.00 0.00 2,330.92 121.22 0.00 0.00 0.00 0.00 1,188.24 0.00 0.00 0.00 1,631.85 17,435.00 7,26O.00 504.00 1,500.00 240.00 0.00 8,343.96 96.00 2,417.00 0.00 0.00 0.00 0.00 CITY: Total Number for Month: Total Valuation: Total Dollars: 62 1,111,330.85 43,254.07 COUNTY: Total Number for Month: Total Dollars: 0 0.00 llA MEMO TO: FROM: DATE: strato~ City Council through ~_tY Ad~'~' ~d-~ , Public Works Directo~ ~ February 16, 1999 SUBJECT: Professional Engineering Services Contract for Wastewater Buildings RECOMMENDATION: Approve the attached resolution that authorizes Engineering Services Contract with Nicoli Engineering and Construction Services, Inc. in the amount of $98,700. BACKGROUND: City of Woodbum is following the approved facilities plan to upgrade its Wastewater Treatment Plant. According to the current schedule, the new upgraded plant will be operational by January 2001. To manage the project properly, the engineering design contract has been divided into different categories such as the collection system, poplar plantation, and the main treatment plant facility. Initially, the building design portion of the contract responsibility was included in the main plant facility design area. However, the Iow bid received by the city in March 1998 was more than 25 percent ($562,000) above the engineer's estimate; therefore, the city council rejected the bid and Public Works staff started to evaluate the options to reduce to cost. Public Works staff has been working with Nicoli engineers to develop a method by which substantial savings could be achieved without reducing the functional value of the project. The major design changes are outlined below: 1. Modify the central heating system to area heat system, and adjust crane lift system for the maintenance building with steel frame structure. Also, if necessary, divide concrete work and steel structure work into two separate contracts. 2. Upgrade and expand the existing control building to accommodate expanded lab and other functions rather than construct the expansion component at a new location. 3. Increase Iow cost area in maintenance building and reduce high cost area in control building without compromising the functional value. Staff believes that a savings of about $500,000 will be achieved by the above modifications and a few other minor modifications proposed by Nicoli engineers. Department of Environ- mental Quality (DEQ) has approved the concepts of modifications being implemented. Since Nicoli engineers have a competent background to accomplish the tasks of designing and providing construction supervision to meet the goal of required savings, contract approval by the city council is recommended. GST:lg Attachments: Resolution Contract COUNCIL BILL NO. / c]'dq RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH NICOLI ENGINEERING AND CONSTRUCTION SERVICES, INC. FOR PROFESSIONAL ENGINEERING CONSULTING SERVICES FOR WASTEWATER TREATMENT PLANT BUILDING DESIGN AND CONSTRUCTION ENGINEERING AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, the City of Woodbum has completed and adopted a Wastewater Treatment Facilities Plan, and WHEREAS, professional engineering services are required to complete design and construction of a maintenance building and for modification of the existing laboratory and control facility required by the facilities plan, and WHEREAS, the city has determined that Nicoli Engineering and Construction Services, Inc. is qualified to provide the required professional engineering services and an agreement has been developed to provide the required design and construction engineering services; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodbum enter into an agreement, which is affixed as Attachment "A" and by this reference incorporated herein, with Nieoli Engineering and Construction Services, Inc. for professional engineering consulting services to provide wastewater treatment plant building design and construction engineering for the City of Woodbum. Section 2. That the Mayor of the City of Woodbum be authorized to sign said agreemem Approved as to form: '7~ City Attorney Date Approved: 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 Richard Jennings, Mayor llA Page 1 - COUNCIL BILL NO. RESOLUTION NO. ATTACHMENT A -" ]:IA Page / -.of ? - AGREEMENT FOR CONSULTING SERVICES BETWEEN CITY OF WOODBURN AND NICOLI ENGINEERING & CONSTRUCTION SERVICES, INC. THIS AGREEMENT is made and entered into between City of Woodburn, hereinafter referred to as "City," and Nicoli Engineering & Construction Services, Inc., an Oregon 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, City desires to retain Consultant to perform the engineering work in the manner, at the time, and for the compensation set forth herein; NOW, THEREFORE, City and Consultant agree as follows: Description of Project. City and Consultant agree that Consultant shah perform the project as described in Exhibit A, entitled "Description of Project." If, during the course of project, City and Consultant agree to changes in the project, such changes shah be incorporated in this Agreement by written amendment. Consideration. In consideration of performance of ah services and as payment for ah expenses incurred by Consultant, except as specific~y agreed in writing to be separately reimbursable and before being incurred, City agrees to pay Consultant for services as follows: Principal Engineer - Engineering Technician - Project Coordinator - Drafting Technician - Office Manager - $100.00 per hour $65.00perhour $45.00perhour $35.00 perhour $35.00per hour City agrees that reasonable out-of-pocket expenses related to the project (i.e., newspaper publication permit fees, etc) shah be either paid directly by City, or paid by Consultant and submitted by Consultant to City for reimbursement without any markup. Site Inspection Services. Consultant shah notify City of aH equipment and services necessary for Consultant to perform on site inspection services. City, at its discretion, may choose to provide any of these services or provide equipment at its option. City, Page 1 - Agreement for Consulting Services e ATTAGHMENT ~ - Page .g?~-.- of ,7 may choose to provide any of these services or provide equipment at its option. City, at its discretion, may either choose to contract separately for equipment and services or authorize Consultant to contract for these services and equipment. P~tyment. Payment for labor or services shall be on the basis of actual hours worked and materials at the rates shown above. Periodic payments (monthly) will be made for labor and services provided during the preceding month. At least twenty days prior to due date of payment, Consultant shall prepare and submit to City a statement of services rendered, together with a request for payment. Termination City and Consultant reserve the right to terminate this Agreement at any time. Upon receipt of notice of termination, Consultant shall immediately ~ase work and submit a final statement of services for all services performed and expenses incurred since the date of the last submittal of a statement of services. In the event of termination, City's payment obligation to Consultant shall be limited to the reasonable Consultant services to City performed as of the notice of termination. Ownership of Work Product. All work product accomplished when Consultant's right to periodic payment accrues, whether in the form of designs, drawings, diagrams specifications, reports, etc., shall become the exclusive property of City upon City's payment to Consultant. Consultant understands and agrees that the work to be performed for City under this contract shall be considered "work for hire" and City shall be deemed the exclusive owner of all rights to copyright the work once performed no mater when it comes into City's physical possession. Independent Contractor Status. Consultant understands and agrees that for all purposes related to this Agreement, Consultant is deemed to be an independent contractor while performing labor or services for remuneration. "Independent Contractor" means that: a) Consultant is free from direction and control over the means and manner of providing labor or services. b) Consultant is responsible for obtaining all assumed business registrations or professional occupational licenses. c) Consultant furnishes the tools or equipment necessary to perform the labor or services. d) Consultant has the authority to hire and fire employees to perform the labor or services. e) Consultant performed labor or services as an independent contractor in the previous year, federal and state income tax returns in the name of the business, a business schedule C or farm schedule F, were filed for the previous year. 0 Consultant represents to the public that the labor or services are to be provided by an "independently established" business. Page 2 - Agreement for Consulting Services 10. 11. ATTAOHMENT.-.~-.. Page Assignment. Consultant shall not assign, transfer or subcontract any part of the work to any person other than an employee of Consultant without prior written consent of City except that money due to Consultant may be assigned, if City is given written notice thereot~ but any assignment of money shah be subject to all proper setoffs and withholdings in favor of City. NO Third Party Beneficiaries. Consultant hereby represents that no employee of City, or any partnership or corporation in which a City employee has an interest, will or has received any remuneration of any description from Consultant, either directly or indirectly, in connection with the letting or performance of this contract, except as specifically declared in writing. Worker's Compensation Compliance. Consultant, its subcontractors, if any, and aH employers working under this contract are subject employers under the Oregon Workers' Compensation Law and shah comply with ORS 656.017, which requires them to provide workers' compensation coverage for aH their subject workers. Consultant and its subcontractors, if any, shall show proof of such coverage in a form satisfactory to City prior to commencing any of the work to be done under this contract. Consultant, if declaring himself exempt from any requirement to provide workers compensation coverage for the labor to be performed under this contract, understands and agrees that under ORS 656.006 (13), an "employer" is any person who contracts to pay a remuneration for an secures the right to direct and control the services of any person. Consultant' understands and agrees that if he is exempt from coverage under ORS 656.027 and engages individuals who are not exempt under same in performance of the contract then Consultant shall provide workers compensation insurance coverage for aH such individuals. If Consultant does not provide that insurance it may be deemed a non-complying employer for purposes of Oregon law and agrees to hold City harmless from and indemnify it against any and all claims for compensation benefits made against Consultant as a non-complying employer. Indemnification. Consultant shall save City harmless and indemnify and defend City, its officials, agents and employees against any and ah claims, damages, losses and expenses including attorney's fees arising out of or resulting from Consultant's negligent performance resulting from Consultant's failure to perform the work to be done under this Agreement in a good and workmanlike manner as measured by the standards prevailing in Consultant's profession or its failure to maintain the liability insurance required herein in full force and effect for the duration of the work. Where liability for such claims, damages, losses and expenses arises out of or results from City's and Consultant's joint actions or omission, Consultant's indemnity obligation under this section shall be limited to the extent to which Consultant caused or contributed to the act giving rise to the claim or loss. ~ llA Page 3 - Agreement for Consulting Services 12. 13. 14. 15. ATTACHMENT Psge ,~ of Insurance. Consultant shall maintain during the period of this Agreement Commercial General Liability insurance on an occurrence basis from a carder with Best's Rating of A or better, including contractual liability in the amount of $1 Million in the aggregate. Consultant agrees that the insurance coverage required herein shall be kept in full force and effect for the duration of Consultant's work under this Agreement and agrees to give City not less than 30 days notice of any termination or non-renewal of those coverages, Compliance with State and Federal LawsfRules. Consultant shall comply with all applicable federal, state and local laws, rules and regulations. Hours of Labor. Consultant agrees that no person shall be employed for more than 10 hours in any one day, or 40 hours in any one week, except in eases 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: (A) 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 (B) 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 (C) For all work performed on Saturday and on any legal holiday specified in ORS 279.334. Consultant agrees that all persons employed under this Agreement 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. (Required by ORS ORS 279.316) Payment of Laborers and Materialmen~ Contributions to Industrial Accident Fund, Liens and Withholding Taxes. Consultant shall: (1) Make payment promptly, as due, to all persons supplying labor or material for the prosecution of the work under this Agreement. (2) Pay all contributions or amounts due the Industrial Accident Fund from such Consultant or subcontractor incurred in the performance of this Agreement. llA Page 4 - Agreement for Consulting Services 16. 17. 18. ATTACHMENT Page, 5 of (3) 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. (4) Pay to the Department of Revenue all sums withheld from employees pursuant to OKS 316.167. (Required by ORS 279.312) Payment for Medical Care. 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 Consultant, of ail sums which Consultant agrees to pay for such services and ail moneys and sums which the Consultant collected or deducted from the wages of employees pursuant to any law, contract or Agreement for the purpose of providing or paying for such service. (Required by ORS 279.320) Payment of Claims by Public Officers. If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Consultant by any person in connection with this Agreement as such claim becomes due, City 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 to Consultant. Recycled Paver Required. To the maximum extent economically feasible, Consultant shaH use recycled paper in performing under this Agreement. (This provision is required by ORS 279.555.) llA 19. 20. Final Agreement/Binding Effect. This document contains ail of the terms and conditio~ 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 shah include the plural. This Agreement shah be binding upon the parties, their successors and assigns. The prevailing party in any lawsuit arising out of the Agreement shaH be entitled to attorney fees, costs and disbursements. Intervrctation of Ae~reement. This Agreement shall be interpreted in accordance with Oregon law. All provisions of this Agreement have been negotiated at arm's length. This Agreement shaH not be construed for or against any party by reason of the authorship or alleged authorship of any provision. Page 5 - Agreement for Consulting Services 11A ATTACHMENT--~L--.--. Page ~ of ~ 21. Severability_/Survival. ffany 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. 22. 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. James Nicoli Nicoli Engineering & Construction, Inc. P.O. Box 23784 Tigard, Oregon 97223 FAX No. (503) 684-3636 Mr. Frank Tiwari Public Works Director City of Woodbum 270 Montgomery St. Woodburn, Oregon 97071 FAX No. (503) 982-5244 Notice shah 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. 23. Attorney Fees. In the event either party commences a lawsuit or arbitration against the other, then the prevailing party shaH, in addition to any other recovery, be entitled to recover its reasonable attorney fees and all other costs of litigation or arbitration. 25 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. NICOLI ENGINEERING & CONSTRUCTION SERVICES, INC. CITY OF WOODBURN By: James Nicoli By: Richard lennings, Mayor Date: Date: Attest: Date: Mary Tennant, City Recorder Page 6 - Agreement for Consulting Services EXHIBIT A DESCRIPTION OF PROJECT ATTACHMENT Page ~ of IlA PHASE I - $8,883.00 Maintenance Shop Foundation and Under_clround Utilities · Design/Drawings Preparation $4,774.00 · Preparation of Bid Documents/Prebid Activities $1,932.40 · Contract Administration/Field Inspections $2,176.60 PHASE 2 - $12,831.00 Maintenance Shop Buildin,q Shell · Design/Dra~ngs Preparation · Preparation of Bid Documents/Prebid Activities · Contract Administration/Field Inspections $8,340.15 $1,924.65 $2,566.20 PHASE 3 - $6,909.00 Maintenance .Shop Office Design/Drawings Preparation · Preparation of Bid Documents/Prebid Activities · Contract Administration/Field Inspections $4,490.85 $1,036.35 $1,381.80 PHASE 4 - $2'1,714.00 Control BuildinR West End Remodel and Seismic Uo~rad_e · Design/Drawings Preparation $14,114.10 · Preparation of Bid Documents/Prebid Activities $3,257.10 · Contract Administration/Field Inspections $4,342.80 PHASE 5 - $48,363.00 Control Buildin.q East End Laboratory/Office Addition and Remodel · Design/Drawings Preparation $31,435.95 · Preparation of Bid Documents/Prebid Activities $7,254.45 · Contract Administration/Field Inspections $9,672.60 11B COUNCIL BILL NO. RESOLUTION NO. / A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF CERTAIN PROPERTY LOCATED NORTH OF VANDERBECK STREET AND WEST OF BOONES FERRY ROAD. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 222.120, 7:00 p.m. on March 22, 1999 is declared to be the time set for public hearing before the Woodbum City Council on whether the City of Woodburn shall annex that property described in Exhibit "A" attached hereto. Section 2. Pursuant to ORS 222.120, no election is required on this issue. Section 3. Notice of said hearing shall be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the City, and notices of the heating shall be posted in four public places in the City for a like period. Approved as to Form:~'~. ~~ ~s~ City Attorney Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. lIB Beginning at a point which is 2914.2 feet South 89° 03' East and 1559.6 feet Soutt~ 1° 47' West from the Northwest corner of the R. Hurley Donation La~d Claim in Township 5 South Range 2 West of the Willamette Meridian in Marion County, Oregon; thence North 1° 47' East 830.9 feet; thence East 524.25 feet; thence South 1° 47' West 830.9 feet to a point which is 524.25 feet North 89° 57' East from the place of beginning; thence South 89° 57' West 524~25 feet to the place of begi~iag. Subject to the rights of the public in and to a strip of land 40.00 feet in width off the South side of the above described tract. Exhibit A / l? / I6 DOGWOOD DR. J I / / I 'ANDER~[CK__L.Jq ' / 10 S89°23'49"E 524. FREEDOM LANE (C) 38 ~ 39 ~ 56  40 ~ 41 g 54 g 42 o ~ 45 ~ 30 20 21 22 23 24 25 26 27 liB MEMO llC TO: FROM: DATE: SUBJECT: City Council through Public Works Director Assistant City Engineer ~ February 16, 1999 Construction of Steel Maintenance Building Shell at Wastewater Treatment Plant RECOMMENDATION: Landmark Pacific, the Iow bidder, be awarded the contract to construct the maintenance building shell in the amount of $185,000. BACKGROUND: The project was advertised in accordance with regulations of the State of Oregon and bids were opened at 2:00 pm, February 5, 1999 with the following results: 1. Landmark Pacific 2. Select Contracting 3. Advanced Building Construction 4. J.M.S. Construction $185,000 199,789 218,025 214,500 Although the Iow bid is $35,000 above the engineer's estimate, funds are appropriated in the existing budget. Also, when compared to the apparent Iow bidder of 1998 there is a savings of $128,000. Therefore, contract award is recommended. GST:Ig [No~e: 535K (old bid) - 130K (Intedor future cost) - 92K (slab) - 185K (this shell bid) = 128KJ Woodburn Recreation and Parks Department City of Woodburn 49t North Third Street Woodburn, OR 97071 D. Randall Westrlck, Director (503) 982-5265 - Fa~c (503) 982-647t liD Memorandum TO: FROM: SUBJECT: City Council through City Administrato Brian Sjothun - Recreation Coordinator II ~/~ ~ Bid Award for 15 P. assenger Van RECOMMENDATION: Award contract low bid from Hershberger Motors Inc for a 1998 15 passenger van in the amount of $19,500 plus registration fees. BACKGROUND: City of Woodbum Bid Number 99-18 for a 1996 or newer 15 passenger van was opened and publically read at 2:00pm on February 11, 1999. The results were as follows: BIDDER Hershberger Motors Inc. Hershberger Motors Inc. AMOUNT $19,500 Plus Fees (Stock #900) $19,500 Plus Fees (Stock #873) Accept The City received two bids from Hershberger Motors Inc. Both vans are 1998 model year and have less than 16,000 miles. They are also in conformance with city specifications as requested in the bid. Staffreeommends the acceptance of the bid on the 15 passenger van (Stock #900). The approved budget for this fiscal year had been $21,000 budgeted in line item 001.421.742.000. [503] 982-5267 FAX 9824267 ~ ~t R~ ~ II {503] 982-5266 FAX 982-6471 Ka~y Wi#cox. Managa' Woodbum Aquatic Ge~ [5o31 ~1.~w~4 14A Community Development 270 Montgomery Street MEMORANDUM Woodburn, Oregon 97071 (503) 982-5246 Date: To: From: Subject: February 16, 1999 Mayor & City Council thru City Administrato~ Planning Commission %~..E.. Site Plan Review 98-25, Lot Line Adjustment 98-07 Marion County Housing Authority This application is a revision of an earlier proposal on the same property that the Planning Commission considered in late 1998. It differs in the configuration of the units, site layout, in the addition of the kindergarten building, and a slightly larger community building and laundry. APPLICANT: Marion County Housing Authority (Dennis Kilfoil) 3150 Lancaster Dr. NE Salem, Or. 97305 II NATURE OF THE APPLICATION: The applicant is requesting Site Plan Review for a 52 unit multi-family development consisting of 6 buildings, a community building, and a kindergarten classroom building. The project is proposed to consist of twenty-eight two bedroom, one bath units and twenty-four three bedroom, two bath units. A community building with a common use area, two bathrooms, and a kitchen will be provided Another building will house a kindergarten classroom, an office, and two bathrooms will be provided. The applicant is also proposing to provide an outdoor play area next to the kindergarten building and a children's play structure to be located outside the community building between building "C" and "D" (refer to site plan). The buildings, site improvements, landscaping, and parking are shown on the attached drawings. The applicant is also proposing a property line adjustment to add the north 179 feet of tax lot 6100 (approximately .514 acres) to tax lot 7000. Which contains the multifamily units. The .518 acres would accommodate the kindergarten classroom. The 120 day clock expires on May 10, 1999. GOVERNMENT REPRESENTATIVE FOR ADDITIONAL INFORMATION: STEVE GOECKRITZ, WOODBURN COMMUNITY DEVELOPMENT DEPARTMENT, (503) 982-5246 14A 7~ KOFFLER AVENUE 1500 8 SEE SUPPLEMENTAL MAP NO. 1 ,00'0t -g ONla-IIn8 AXlNn~I~O0 FOS ,L6'~6 8 14A 14A