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Agenda - 02/24/1997,~ ~ -,' AGENDA WOODBURN CITY COUNCIL FEBRUARY 24, 1997 - 7:00 P.M. 270 Montgomery Street * * * Woodburn, Oregon Se Se A. Council minutes of February 3, 1997 workshop and February 10, 1997 regular and executive meetings. 3A B. Recreation and Park Board minutes of February 10, 1997. 3B APP01NTMENT~: ANNOUNCEMENTS: A. Employee recognition dinner, February 28, 1997, 6:30 p.m. at Woodburn Community Center. Hosted by Mayor and Council. B. March 3, 1997, 7:00 p.m. - Council workshop on Measure 47 (tentative). C. March 10, 1997, 7:00 p.m. - Public Hearing: Downtown Alley LID. D. March 10, 1997, 7:00 p.m. - Public Hearing: BJA/LLE grant application. E. March 24, 1997, 7:00 p.m. - Public Hearing: Parr Road LID. F. April 14, 1997, 7:00 p.m. - Public hearing: Water Master Plan. PROCLAMATIONS :T~' . ~..'. . -' A. Chamber of Commerce B. Other Committees (This allows public to Introduce items for Council consideration not already scheduled on the agenda.) A. Liquor License Renewal: Playa de Oro. 8A B. Liquor License Renewal: Chu's Eatery. 8B Page I - Council Agenda, February 24, 1997. 10. A. Council Bill No. 1758 (Ordinance increasing local gas tax) A. Council Bill No. 1779 - Ordinance repealing private security regulations. Council Bill No. 1780 - Resolution approving contract with Crane and Merseth for professional engineering consultant services. Ce Council Bill No. 1781 - Resolution approving agreement with U.S. Geological Services for gaging station on the Pudding River. D. Liquor license change of ownership: Piper's Jewelry. 1:2. ~ 14, ~ A. Site Plan Review #96-15: Oil Can Henry's and Site Plan Review #96-18: Coastal Farm & Home Supply Store. 16. 17. 18. A. United Disposal Annual CiWwide Cleanup Day. B. Elected Officials Workshop. 10A lOB 10C 10D 14A 15A 1liB Page 2 - Council Agenda, February 24, 1997. TAPE 0001 00O3 COUNCIL WORKSHOP MEETING MINUTES February 3, 1997 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF O~N, FEBRUARY 3, 1997. CONVENED. The Council met in a workshop session on the Water Master Plan at 7:05 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present 3A 0012 0325 Staff Presem: Public Works Director Tiwari, Public Works Manager Rohman, Water Superintendent Schooler, City Recorder Tennant WATER MASTER PLAN. Public Works Manager Rohman introduced to the Council HDR Engineering Consultant Alan Larson who had assisted in the formulation of the Plan. Randy Rohman proceeded to outline federal/state requirements pertaining to the City's need to periodically update the Water Master Plan. The main objectives of the master plan is to focus on 1) public demands for water quality and supply; 2) comply with water quality regulations; 3) provide reliable fire protection; and 4) economically meet future needs of the consumers. The Maz~r Plan looks at where the water comes from, the water quality, and how much is used by the public. The City's groundwater supply meets all fcdcral and atc water quality standards, howcvcr, wc do havc an aesthetic problem with the water rclatlng to the iron and msnganese levels which leaves rust and/or black smi~ and can affect the taste of the water. Staff is also anticipating a future groundwater didnfeetion nde mi treatment may require secoMary disinfection using chlorine. Water quality rules established over the next two to four years may significantly reduce thc arsenic limit which is well below current limits within the City's water supply. Alan Larson, HDR Engineering, stated that they had researched various methods to remove the iron and manganese levels. The four water treatment options available to the City are 1) Ozone followed by filtration, 2) Chlorine and Potassium permanganate followed by filtration, 3) Biological Filtration, and 4) Potassium permanganate oxidation followed by filtration. In their opinion, the best treatment option is the potassium Page 1 - Council Workshop Meeting Minutes, February 3, 1997 TAPE READING COUNCIL WORKSHOP MEETING MINUTES February 3, 1997 3A permanganate oxidation and filtration since thi.~ proceas would eliminate the need for adding chlorine as a primary disinfectant and it would remove the iron and manganese from the water. This option is also a very reliable and flexible method. As a reminder, under state water quality rules, if a primary disinfectant is used then we are required to have a secondary disinfectant which would ultimately involve adding chlorine to the water supply. 1600 Another issue addressed by the consultants was how many plants would be necessary to treat the water. Options include 1) a centralized treatment facility, 2) a decentralized system requiring a treatment system at each wellhead, and 3) providing two centralized facilities. The study results show that the two treatment facilities is the most cost effective since it offers low overall cost, the ability to phase implementation, it has a low impact on the community and neighborhoods, and provides system reliability. If this option is incorporated into the Plan, one of the two plants would be on-line in the year 2002 with the second plant on-line in the year 2010 or 2012. One plant would be located in the north/northeast section of the City while the other plant would be located in the south/southwest section of the City. It would be necessary to install piping from the wells to the treatment facility after which the water is carried back to residences and businesses. It was noted that the West Woodburn well would not be connected to the fn'st treaUnent facility, however, except for high usage days during the summer months, the residents in this area would receive treated water. The treatment facilities would require approximately 1/2 acre of land. In regards to daily operation, each plant would require someone to check the plant daily and replenish chemical supplies. Brief discussion was held on the aquifer level from which our wells pump water and it was noted that the water flows from the south to the north, therefore, there is little concern regarding potential water contamination from the Marion County landfill. Another issue included in the Plan involves rue protection. The Consultants had prepared a computer model that looks at the City's distri~tion system for the purpose of analyzing where the weak locations are in the system. This information can then he used by the City to determine future pipe size and water flow as it relates to new development and/or system improvements. 17o0 Mr. Larson informed the Council that the City is deficient in storage capacity and it is recommended that an reservoirs totaling 4.4 million gallons of storage be constructed to meet the demands of the system and provide adeq~_te water supply during emergencies. A 2.2 millon gallon ground level reservoir with a pumping system would be located at each treatmem facility. These reservoirs, in addition to our existing .75 million gallon storage tank, would be sufficient to meet the long range needs of the City. 1932 SUMMARY OF IMPROVEME~ COSTS. Public Works Manager Rohman stated that the estimated capital costs for the two treatment facilities, with reservoirs, is $20.6 million in 1996 dollars. Of this amount, Page 2 - Council Workshop Meeting Minutes, February 3, 1997 TAPE READING 2387 Tape2 0075 COUNCIL WORKSHOP MEETING MINUTES February 3, 1997 $9.6 million would be required to correct the system as it now exists and $11 million to accommodate future growth. He reiterated that there are no federal mandates at this time that would require the City to move forward with water treatment. Gil Flaugher suggested that the Council consider a gradual phase-in of increased water rates to start building a reserve for future system improvements. Brief discussion was held regarding the rate issue and several Councilors expressed preference to look at modest increases over the next few year rather than implementing a sharp increase in rates. It was the consensus of the Council that the overall Plan looks acceptable and should be presented to Council for approval, however, the financial issues need to be discussed in more depth over the next few months. The meeting concluded at 8:32 p.m.. 3A APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 3 - Council Workshop Meeting Minutes, February 3, 1997 COUNCIL MEETING MINUTES February 10, 1997 3A TAPE ~ING 000!. DATE. COUNCIL CHAMBEr, CITY tlALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREC~N, FEBRUARY 10, 1997. CONVENED. Mayor Kirksey opened the Council meeting at 6:08 p.m. for the purpose of calling an executive session prior to the start of the regular open meeting at 7:00 p.m.. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Absent Councilor Hagenauer Present Councilor Jennings Present (6:21 pm) Councilor Pugh Present Councilor Sifuentez Present 0018 0040 OO5O Staff Present: City Administrator Childs, City Attorney Shields, Police Chief Wright, Public Works Director Tiwari, Commttnity Development Director Goeclcritz, Finance Director Gillespie, Public Works Manager Rohman, City Recorder Tennant EXECUTIVE SESSION. PUGH/SWLrENTEZ .... move to adjourn to executive session under the authority of ORS 192.660(1)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations; The motion passed unanimously. The meeting adjourned to executive session at 6:10 p.m. and reconvened at 7:00 p.m.. JENNINGSfPUGH .... approve the Council workshop minutes of January 21, 1997 and the Council regular and executive session minutes of Jatmaxy 27, 1997; accept the Planning Commission minutes of Janoary 23, 1997 and the Library Board minutes of January 22, 1997 as written. The motion passed unanimously. A) Stat~ TrattspoH. ation Meeting -- ODOT will be sponsoring this meeting on Wednesday, February 12th, in Salem and the Council, along with the general public, is encouraged to attend this meeting to express their concerns and/or support specific state highway funded projects within our community. Page 1 - Council Meeting Minutes, February 10, 1997 COUNCIL MEETING MINUTES February 10, 1997 3A TAPE READING B) Marion County Commissioner's Meeting - A meeting with the CommLqsioners on Ballot 47 issues as it concerns County operatiom will he held on February 13th, 7:00 p.m., at the PGE ]~filcling. Couaeilor Jermings stated that he would not be able to attend this meeting as he originally intended planned and requested that another CoRl~ilor attend this important meeting. Councilor laugh stated that he would try to attend the meeting as a City representative. C) Public Hearings on 1997 OLCC Liquor License Renewals for Playa de Oro and Chu's Eatery - Public hearings will he held before the Council on February 24, 1997 at 7:00 p.m.. 0081 PROCLAMATION - PREVENT A LITTER MONTH. Mayor Kirksey proclaimed the month of February 1997 as 'Prevent a Litter Month' and designated February 25, 1997 as 'Spay Day USA' and encouraged citizens to have their dogs and cats spayed or neutered or to sponsor the spaying or neutering of dogs or cats belonging to other people. 0152 CHAMBER OF COMMERCE REPORT. Terri Burke-Robinson, representing the Chamber, reminded the Council that the annual Distinguished Service Award program will be held on February llth at the United Methodist Church. Recipients of awards for 1997 are as follows: Ruth DeSantis, First Citizen Award; Iverson Farms, Outstanding Young Farmer; Greg Olson, Outstanding Service Award; Wendy Veliz, Junior First Citizen Award; Sam Jones, Outstanding Educator Award; and Fritz Sehiedler and Lillian Warzymki, Special Awards. On February 20th, the Chamber, Woodbum Rotary, and BPW (Business & Professional Women) are sponsoring Shadow Day for high school students and local business owners are encouraged to participate in this program. She also reminded the Council that the Tulip Festival will begin March 20th and nm through the middle of April. SCHOOL LONG-RANGE PLANNING COMMITTEE. Councilor $ifuentez stated that she had been involved with this committee which is striving to formulate long-range plans for our School District and had asked Supt. Reeves to give the City a short presentation on the status of this project. Supt. Jack Reeves stated that the committee is working on a plan to address the educational needs of the students. Our community is truly unique and it is better than what citizens have heard over the past years and it will get even better over time. Strategic planning is necessary to accomplish this task and he reviewed the process which will be followed over the next few months cnlminatinE in the development of an action plan which will be implemented over the next 5 years. He stated that diversity involves challenges which can be advantageous to the students. Page 2 - Council Meeting Minutes, February 10, 1997 COUNCIL MEETING MINUTF_,S February 10, 1997 TAPE READING The committee, which involved 30 individuals, initially met in a 3-day retreat to develop a minion statement, strategic objectives, definition of core values, distinct strategies to pursue, and the parameters of operation. Sub-committees (Action Teams) are now being formed to develop specifics which will then be incorporated into the final plan scheduled for completion later this year. Councilor JenninLzs stated that he had heard that thi.~ committee had worked very hard at the retreat to begin this process and participants were very pleased with the results of this retreat. He questioned Supt. Reeves if the strategic plan addresses the 'at-risk" students as well as the main-stream or gifted students. Supt. Reeves stated that a majority of students are considered 'at risk' and the district has not put as much effort into our most talented students. This is one area that will be addressed by the long-range plan to insure that each group of students gets their share of the resources and reforming time. Mark Humphrey, program co-coordinator, reminded the public that they are still accepting names of individuals interested in servin~ on an Action Team that will put together the incremental steps that will drive the School District on the annual steps to be taken over the next five years. Application forms are available at the School District office and City Hall. O855 COUNCIL BILL 1758 (TABLED) - ORDINANCE INCREASING ~ LOCAL GAS TAX. No action was taken by the Council to remove this agenda item from the table. 0860 COUNCIL BILL 1776 - ORDINANCE MANAGING AND CONTROLLING ACCF~S TO CITY STREETS AND STATE HIGHWAYS. Council Bill 1776 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of 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 Kirksey declared Council Bill 1776 duly passed with the emergency clause. 0890 COUNCIL BILL 1777 - RESOLUTION ENTER~G INTO AN AGREEMENT WlTIt Clt2M ltlLL FOR CONSULTING SERVICK$ RRLATING TO ~ Councilor Hagenauer introduced Council Bill 1777. 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 Kirksey declared the bill duly passed. 0915 ACCEPTANCE OF FUNDS FOR EAST HARDCASTLE STORM SEWER/~ SUBDIVISION. Staff recommended that the City accept $12,000 from the developer of Centennial Subdivision his share of costs relating to storm sewer improvements on East Hardcastle. Rather than requiring the developer to install another 12" storm sewer line, the funds Page 3 - Council Meeting Minutes, February 10, 1997 3A TAPE READING 0~15 O947. 0962 COUNCIL MEETING MINUTES February 10, 1997 will be used to offset total costs ~ by the City when it installs a 24" storm sewer line later this year. The new line will tie in with the existing 24" line along Cooley Road and hopefully reduce the floodin~ in that area. JENNINGS/PUGF! .... accept the $12,000 payment from Centennial Subdivision developer Ronald Smith for storm sewer capacity improvements along East Hardcasfle. The motion passed unanimously. CONTRACT AWARD -- INTERIOR CLEANING AND PAINTING OF ELEVATED WATER TANK (BID #97~. Bids were received from the following companies: S&K Painting Inc., $92,000.00; and Long Painting Company, $139,870.00. Staff recommended that the bid be awarded to $&K painfin~ which is slightly less than the engineer's estimated cost of $95,000. JENNINGS/SIFUENTEZ .... award the contract to S&K Painting Inc. in the amount of · $92,000.00. The motion passed unanimously. CLAIMS FOR THE MONTH OF JANUARY 1997. SIFUENTEZ/PUGH .... approve claims//35196 - #35540 issued during the month of January 1997. The motion passed unanimously. STAFF REPORTS - A) 1995-96 AUDIT REPORT- Finance Director Gillespie informed the public that the 1995-96 audit has been completed and fried with the Secretary of State's Office. The City's auditors, Harris & Eide CPA, have noted in their report that internal controls are adequate and the financial records of the City present fairly the financial position of the City as of June 30, 1996. The complete audit report can be reviewed by the Council and general public upon request. B) Street Tree Removal - Three older maple trees located in the public fight-of-way in the vicinity of Second Street and Hayes Street are showing signs of disease and decay and the property owner, Charles Comwell, has been granted permission by the staff to remove these trees. A tree service consultant used by the City on prior assignments evaluated these trees and has determined that they could present a hazard to life and property ff they are not removed. C) C/ty Pr/or/t/es for Projects on the State Highway System - Priorities to be conveyed to the State at their February 12th workshop for inclusion in their Statewide Transpo~tion Improvement Program are as follows: 1) improve the capacity and safety of Highway 214; 2) a preliminary study on I-5 interchange options in the Woodbum area; 3) a new or reconstructed interchange at Woodbum; and 4) a south by-pass facility to handle some of the Highway 214 traffic. 3A Page 4 - Council Meeting Minutes, February 10, 1997 TAPE READING 1096 .1169 ~351 COUNCIL MEETING MINUTES February 10, 1997 D) Building Activity Repon for January 199Z ADMINISTRATOR'~ REPORT. Administrator Childs ~_.oumged the Council and interested citizens to attend the State Transportation Department's workshop on February 12th to show support for state wans~rtation projects within Woodburn. He also suggested that the Council contribute $100 towards the Tulip Festival and be a named supporter of this event in published brochures. It was the consensus of the Council to make the $100 contribution as recommended by Admini.~ator Childs. MAYOR AND COUNCIL ~RTS. Councilor Jennings stated that he was impressed with the amount of care that the businesses are giving to their roadway from West Woodbum (Highway 214) to Highway 99E and along Hwy. 99E north of Highway 2141211199 intersection. He suggested that some action be taken to recogni?e these businesses for making the entrance into the City look so good. Councilor Sifuentez expressed her strong support for the School District's mission and hoped that the community will get involved in order to formulate a plan that will be Councilor Pugh stated that he was proud of the work being done by the School's Long Range Planning Committee which is being done in a very professional manner. Mayor Kirksey stated that she had recently received a telephone call from a long-time resident on the subject of accumulated trash and fitter on the lot behind the service station and adjacent to Taco Bell. Her impection of the area confirmed this complaint and she stated that it ia filled with litter and is a blight on the community. Since the City has been pursuing graffiti removal, in her opinion, we should also apply the same concept to littered blocks. Councilor Push stated that he had recently made a formal complaint to our city offices regarding the fitter in that area. EXECI~IVE JENNINGS/PUGIL.. Council adjourn to executive session under the authority of ORS 192.660 (1)(h) to consult with counsel concerning the legal fights and duties of a public body with regard to current litigation or litigation likely to be filed; and 192.660(1)(0 to consider records that are exempt by law from public inspection. The motion passed unanimously. Thc meeting adjourned to executive session at 8:43 p.m. and reconvcned at 8:18 p.m.. 3A Page 5 - Council Meeting Minutes, February 10, 1997 TAPE READING !970 1676 1738 COUNCIL MEETING MINUTES February 10, 1997 COUNCIL BH-l- 1778 - ORDINANCE DECLARING AN EMERGENCY AND M3KING I.I*~GI~LATIVE FINDINGS TO SUPPORT SAID DECLARATION: ENACTING INTERIM T!?~L~OMMUNICATION$ FACILITIES REGULATIONS; AND SETTING A R~P~AL DAT~. Council Bill 1778 was introduced by Councilor Hagenauer. The first reading of the bill was read in full by Recorder Tennant and the second reading was by title only. Community Development Director Goeckritz stated that the City's ZoninE Ordinallce was adopted in 1980 and it does not adequately address telecommunications' towers. This new technology has provided for a proliferation of towers in the surrounding area. Under our current ordinance, towers could be placed in any of our zones and there is concern that we should safeguard, in particular, our residential zones. The proposed Council Bill provides interim regulations that would expire August 1, 1997. This will giving the PlannlnE Commission sufficient time to hold public hearings on proposed amendments to the Zoning Ordinance on this issue and to submit those amendments to the Council for adoption. Councilor Chadwick questioned if the interim regulations would prohibit the use of aerial antennas used by ham radio operators. Councilor Jennings referred to Exhibit mB", page 1, Section 1(1) which states that an aerial antenna for noncommercial uses is not considered a telecommunications facility. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1778 duly passed with the emergency clause. Mayor KJrksey expressed her thanks to staff members for being out there in the front line to protect the public's interest and looking for what is good for the community. Brief discussion was held regarding a workshop with staff to discuss budget issues relating to Ballot Measure 47. Councilor Jennings stated that there are some programs that he would like to see included and/or excluded in the budget and he feels that addressing these issues before the document is presented to the Budget Committee can save some time durinE the budget hearings process. It was the consensus of the Council to meet on March 3rd at 7:00 p.m.. JENNINGSfPUGH .... meeting be adjourned. The motion passed unanimously. The meeting concluded at 8:31 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR 3A ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, February 10, 1997 Executive Session COUNCIL MEETING MINUTES February 10, 1997 3A DATE. CONFERENCE ROOM, CITY H~I.I., CITY OF WOODBURN, COUNTY OF MARION, STATE OF O~N, FEBRUARY 10, 1997. CONVENED. The Council met in executive session at 6:11 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Absent Councilor Hagenauer Present Councilor Jennings Present (6:21 pm) Councilor Pugh Present Councilor Sifuentez Present Mayor Kirksey reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Childs, Police Chief Wright, City Recorder Tennant City's Labor Negotiator: Don Scott The executive session was called under the authority of ORS 192.660(1)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations. ADJOURNMENT. The executive session adjourned at 6:50 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, February 10, 1997 Executive Session COUNCIL M~ETING MINLrrES February 10, 1997 3A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF O~N, FEBRUARY 10, 1997. CONVENED. The Council met in executive ~ssion at 7:50 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Absent Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Mayor Kirksey reminded the Councilors, staff, and press that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Childs, City Attorney Shields, City Recorder Tennant Press: Meghan Stone, Northland Cable; Patrick Johnson, Woodbum Independent The executive session was called under the authority of ORS 192.660(1)(h) to consult with legal counsel concerning the legal fights and duties of a public body with regard to current litigation or litigation likely to be fried, and ORS 192.660(1)(0 to consider records that are exempt by law from public inspection. The executive session adjourned at 8:16 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Teonant, Recorder City of Woodbum, Oregon Page 1 - Executive Session, Council Meeting Minutes, February 10, 1997 3B Minutes Woodbum Recreation and Parks Board Regular Meeting February 10, 1997 Woodbum Community Center o CALL TO ORDER The Regular Meeting of the Recreation and Parks Board was called to order at 5:10pm in the Woodburn Community Center by Chairman Frank Anderson. ROLL CALL Members Present: Chairman Frank Anderson, Char Quinones, Mel Schmit, Barbara Rappleyea and Lee Ehrens Members Absent: Art Montgomery and David Ott Staff Present: Nevin Holly, Director, Shirley Pitt, Secretary and John Pitt, Parks and Facilities Superintendent GUESTS Kathryn Haynes, Liaison for 3 Valleys Project STEKLOV SUBDIVISION Penny Tischendorf the agent for the proposed Steklov Subdivision made a presentation to the Board regarding a .85 acre parcel which the developer desired to donate to the Recreation and Parks Department. Penny indicated that the proposed land to be donated is a retention area which is being required by the City of Woodbum as part of the City requirement for development. Penny indicated that she was told by the City that the area would be dry between 89 and 95% of the time. She indicated the area would not be conducive to forming a home owners association in that there was no appeal to the owners in maintaining an undeveloped retention area. Penny said the developer is willing to pay the full Systems Development dollars and additionally give the City ,$5,000 to maintain a once a year mowing. Board Member Lee Ehrens expressed concern that the Department would be taking on another high liability area. Board Member Barbara Rappleyea expressed concern that the area did not sound particularly appealing and would have limited access. Penny showed the Board several maps and site locations. Chairman Frank Anderson and Board Member Mel Schmit wanted more information on how deep the retention area would be. Director Holly indicated he would get further information from the Engineering Department to assist the Board in its decision. Chairman Anderson indicated the Board would make a decision at their next meeting to be held on Wednesday, February 19=. RECREATION AND PARKS 199711998 BUDGET WORKSHOP Director Holly presented the Board with a copy of a worksheet for the 199711998 Recreation and Parks Budget. Director Holly bdefly explained to the Board the 3B Page 2 Recreation and Parks Board Meeting February 10, 1997 budget procedure and asked that they take their copy home and study it before the next mccting, at which time he will have more information regarding estimated expenditures for 1996/1997, as well as figures for the next yearn budget. SCHOOL DISTRICT PLANNING TASK FORCE Representatives from the School District Planning Task Force, including: Colleen Vancil, Mark Hansen, Sharon Felix and Cathy Larson were present at the rr~cfing to explain their proposed long range strategic planning goals for the School District and cornrnunity. Colleen Varmil explained the Strategic Planning of the Task Force, including what it is they do, why they are doing it and who is involved. They expect this planning and implementation to take around 10 years. Cathy Larson spoke about the Core Values of the Task Force which was based on the family as a strong influence on the growth and development of an individual. She also spoke on each individual's inherent value, how people were accountable for their choices, diversity, and mutual integrity, trust and respect. She also said that their core values stated that learning was the key to the survival and advancement of the human race and that a community thdves when its members recognize and value their independence. Sharon Felix told the Board that the Mission Statement of the Task Force was 'q'he purpose of the Woodbum School District is to inspire and engage all students as ~letermined learners to achieve their own challenging goals and aspirations, and actively contribute as partners in a diverse and changing world." Sharon and Colleen also bdefly touched on the strategic objectives and strategies of the Task Force. At the end of the presentation Colleen Vancil passed out volunteer forms and asked the Board to consider serving on this Task Force. Chairman Anderson thanked the Task Force for bdnging this information to the meeting and assured them that there would be a representative from the Board serving on their Task Force. ADJOURNMENT Chairman Anderson adjourned the meeting at 7:00pm and reminded the Board of the meeting next week. He informed them that this meeting would take more time than usual and it was important that they all attend if possible. City of Woodburn Police Department 270 Montgome=m=~t Ken Writ~Iat~/ ~~e:ef °f~m~ STAFF REPORT Woodburn, Oregon 97071 (5O3) 982-2345 20, 1997 To~ Mayor and Council C. Childs, City Admini.qtrator Subject: Public Hearing - Denial Recommendation Playa de Oro RECOMMENDATION: The Council to pass without recommendation the 1997 liquor license for Playa de Oro, noting pending complaints. The City Council reviewed all liquor license renewals for the year 1997. At the January 27, 1997 meeting of the city council that review, council resolution 1379, requiring the police department to provide a recommendations of denial if; there are ten or more arrests of patrons, employees or; failure of the licensee to operate the premises substantially as proposed and approved. The police department recommended non-renewal of the liquor license of Playa de Oro. As required with non-renewal recommendations the city council set February 24, 1997 for a public hearing of the recommendation. As required by resolution 1379 in cases of denial the police department met with the city councilor of the Ward, Mrs. Sifuentez, on Monday, February 3, 1997 in review of the denial recommendation. The department notified Mr. and Mrs. Cea, owners of Playa de Oro, of the denial recommendation and requested to meet with them. We met on Wednesday, February 12, 1997, to discuss activities and lack of compliance occurring at Playa da Oro during the year 1996 and the first five weeks of 1997. The intent of the meeting was to allow the owners to provide possible mitigation and provide solutions to the issues. As a result the owners of Playa de Oro provided the * attached response to address the issues. * The Council should note that licensee has been cited by 0LCC for violation of license restrictions on January 9, 1997 and served with notice of cancellation on February 14, 1997. On January 6, 1997, Woodbum officers arrested licensee L. Cea on the charge of domestic assault, possession of substances cocaine and marijuana. All above-mentioned cases are pending. cc: ~e OLCC c:\wp51 \olcc~playamwl.97 JlA 8A Mr. Ken Wright-Chief of Police Woodburn Police Dept. 270 Montgomery St. Woodburn, OR 97071 REC'D FEB ! 8 ~J97 POUCE DF. PT Subject: Plan Of Action per meeting on 2/12/97 Dear M r. Wright: Per our meeting on 2/12/97, enclosed, please find our plan of action, covering the issues discussed. Thank you for the' opportunity to meet with us, and we look forward to the opportunity to work hand in hand with you and the rest of the police department. Should you have an3/questions, please contact us at 981-5788. Sincerel~ Linc~ba Cea Playa De CYrO 8A REC'D PLAYA DE ORO PLAN OF ACTION FEB 1 8 997 POLICE DEPT. Playa De Oro shall employ a security officer, friday-sunday, from 6pm to closing. Per our record there has been no incidents of disorderly conduct, fights or illegal activities. Security officer shall comply with the rest of the restriction. Incident logs and ~86 List are located behind the bar, in a gray binder, accessible to employees, police officers, and commission staff. These are completed as needed and on a daily basis, commission staff has reviewed them in the past and were satisfied. Employees service permits are also located in the gray binder. 3. Licensees(Linco/Alba) or approved manager, shall be available to greet and escort police officers and commission staff to complete bar checks or any other inspections when entering the premises. A mutual cooperation shall be licensee comes out to greet them. In return the police expected from both parties. Employees have been instructed to be courteous and respectful when asking police officers to wait until licensee is informed of their presence and officers or commission staff shall wait for licensee to greet them. 4. VCR recording of surveillance cameras shall be available for inspection by police or commission staff. VCR shall not be touched by either, police or licensee. Inspecting staff shall be ushered into the area where VCR is located by licensee or approved manager. No liquor shall be sold or served after 12 midnight. To insure this the following protocol shall be implemented: ll:30pm no alcoholic beverages are served. ll:45pm start to remove glasses, bottles .. ll:50pm patrons are asked to leave. ll:55pm patrons should be out of premises. 5 Playa De Oro shall be operated in a professional manner. Licensees shall provide a positive and productive environment. Personal disputes shall be handled outside the premises( in the home). Licensees shall not display disorderly conduct while on premises. If an approved manager 8A is hired, licensees agree to be at the premises for the last four(4)hours till closing, every day,of oDeration.~,'~/~ No illegal activity shall be tolerated, specially the sale or consumption of drugs. The following shall be implemented: a)Polic¥ shall be posted on walls. b)Police shall be called immediately, patrons shall be prosecuted. c)Patrons names shall be added to ~86 list. d)Bathrooms are checked and only one person is allowed at a time. e)Rmployees and public shall be educated of the measures taken. 8. Licensee shall meet with police as requested by either · parties,per restriction. We the licensees, Lincoyan and A lba Cea commit ourselves to the above. Lincoya~ A. Cea Alba L. Cea SA PLAYA DE ORO 1. THE SALE OR CONSUMPTION DRUGS IS NOT PERMITTED. OF 2. THE POLICE SHALL BE CALLED. 3. THE OWNER'S SHALL PROSECUTE. PLAYA DE ORO LA VENTA Y CONSUMO DE DROGAS NO ESTA PERMITIDO. 2. LA POLICIA SERA LLAMADA. 3. LOS DUENOS ENJUICIARAN. January 9. 1997 Lincoyan & Alba Cea PLAYA DE ORO (DA) 553 N Front St Woodburn OR 97071 LIQUOR CONTROL COMMISSION CERTIFIED MAIL NOTICE OF LICENSE FINE/SUSPENSION Regulatory staff recommend that the Commission suspend your license or a period of thirty (20) days or that you pay a~L~)_J)~fine for the following violation: Between July 22. 1996 and October 21. 1996 you violated the restrictions on your license by not being on the premises during operating hours on three occasions and allowing alcohol service and consumption after 12 midnight once. This is'a violation of ORS 471.405(1). DETERMINING THE PENALTY OAR 845-06-200 defines this violation as a Category I violation and recommends license cancellation for the first violation of this type. This is your first. Circumstances in Your Favor On October 21. 1996. the Commission considered the above violation and decided to grant your license with restrictions based on OAR 845-05-055(1)(a) [The Commission may restrict a license...when (a)In the absence of a restriction, the Commission has a basis to cancel. 'suspend/fine or deny the license.] The Commission had a basis to deny your license based on the above violation. Based on the seriousness of the violation, the Commission directed Regulatory staff to take appropriate compliance action. Staff has evaluated the circumstances surrounding the violation and recommend the commission suspend your license for 30 days or fine you $1.950.00. HEARING RIGHTS You have the right to a hearing to dispute the charges or the proposed suspension/fine. If you want a hearing, please sign and date the enclosed form and return it to the address listed on the form by February 10. 1997. These hearings are conducted according to the Administrative Procedures Act (ORS Chapter 183) and Commission Administrative Rules (OAR Chapter 845 Division 03). Lincoyan & Alba Cea PLAYA DE ORO (DA) January 9. 1997 Page 2 PAYING THE FINE/SERVING THE SUSPENSION If you do not request a hearing, the Commissioners will adopt ~his notice as a final order at their February 24-25. 1997 meeting. The investigation report by Inspector Schnoebelen dated October 23. 1996 will provide the basis for the final order. If you choose to pay the fine. mail or bring your payment to the Oregon Liquor Control c°mmission. Attention Cashier at the above address before 5:00 P.M. on March 6. 1997. If you choose to serve the suspension, it begins at 7:00 A.M. on March 11. 1997 and ends at 7:00 A.M. on April 10. 1997. Once the Commissioners adopt the final order, you must pay the fine or serve the suspension. ~ OREGON LIQUOR ~.J3~LTROL COMMISSION R~gul ator~Process Di vi si on LDJ:gm Enc. If you have any questions call toll free. 1-800-452-6522, 8A February 14, 1997 Lincoyan & Alba Cea PLAYA DE ORO (DA) 553 N Front Street Woodbum, OR 97071 LIQUOR CONTROL COMMISSION CERTIFIED MAIL NO'riCE OF LICENSE CANCELLATION Regulatory staff recommend that the Commission cancel your license for the following violation: On December 19, 1996, you violated the restriction on your license by not being on the premises during operating hours. This is a violation of ORS 471.405(1). ; DETERMINING THE PENALTY OAR 845-06-200 defines this violation as a Category I violation and recommends license cancellation for the first violation of this type. This is your second. On October 21, 1996, the Commission considered the first violation and decided to grant your license with restrictions based on OAR 845-05-055(1)(a) [The Commission may restrict a license...when (a) In the absence of a restriction, the Commission has a basis to cancel, suspend/fine or deny the license.] The Commission had a basis to deny your license based on the above violation. Based on the seriousness of that violation, the Commission directed Regulatory staff to take appropriate compliance action. Staff evaluated the circumstances surrounding that violation and recommended the Commission suspend your license for 30 days or fine you $1,950.00 for that violation. Urtfav0rable Circumstances This is your second category I violation and the fourth time you have violated the restrictions on your license since July 1996. Because of the unfavorable circumstances, staff recommend the Commission cancel your license. 8A Lincoyan & Alba Cea PLAYA DE ORO Page 2 February 14, 1997 If a licensee's interest in the license should expire or be transferred before the Commission issues a final order Regulatory staff reCOmmend that under the authority of ORS 471.030, .040, .295, .730 and ORS 472.060 the Commission issue the licensee a reprimand. This reprimand will become a permanent part of the licensee's Commission file and would be considered in any future application for a liquor license by the licensee. HEARINGS RIGHTS You have the right to a hearing to dispute the charge or the proposed cancelation, if you want a hearing, please sign and date the enClosed form and return it to the address listed on the form by March 17, 1997. These hearings are conducted according to the Administrative Procedures Act (ORS Chapter 183) and Commission Administrative Rules (OAR Chapter 845 Division 03). If you do not request a hearing, the Commissioners will adopt this notice as a final order at their April 28-29. 1997. meeting. The investigation report by Inspector Schnoebelen dated January 29, 1997 will provide the basis for the final order. Once the Commissioners adopt the final order, the cancelation will be effective May 13, 1997. OREGON LIQUOR CONTROL COMMISSION egulato~/,,Process Division LDJ:es Enc. If you have any questions call toll free, 1-800-452-OLCC(6522). Please ask for the Compliance Section. City of Woodburn Police Department STAFF REPORT 8B 270 Montgomery Street Ken Wri Chief of Date: February 20, 1997 Woodbum, Oregon 97071 (503) 982-2345 To: Mayor and Council C. Childs, City Administrator Subject: Public Hearing- Denial Recommendation Chu's Eatery Recommendation: The Council to approve the 1997 liquor license for Chu's Eatery with · the special conditions agreed to by licensee. The City Council reviewed all liquor license renewals for the year 1996 at the January 27, 1997 meeting of the city council. As a result of that review, and council resolution 1379 requiring the police department to provide a recommendation of denial if there are ten or more arrests of patrons, employees of the licensed premises in the prior twelve months. The police department recommended denial of Chu's Eatery liquor license. The council called for a public hearing to be held February 24, 1997. As required by resolution 1379 in cases of denial the police department met with the city councilor of the ward, Mr. Hagenhauer, on Friday, January 31, 1997 in review of the denial recommendation. The department notified Mr. Chu of the denial recommendation and requested to meet with him and representatives of the OLCC. We met Thursday, February 6, 1997 to discuss the activities occurring a Chu's Eatery during the year 1996. The intent of the meeting was to possibly mitigate the activities and arrive a solutions to the issues. As a result of that meeting, Mr. Chu consented to take steps to curtail the disorderly activities. On February 12, 1997 Mr. Chu provided the *attached response of immediate positive steps he will take to reduce police responses. Our meeting of February 6, 1997 was very positive with everyone committed to the process. I have reviewed the steps proposed by Mr. Chu and in my opinion this extra effort will reduce calls for service and address the public' need. cc file OLCC Chu's *attachment B:~olcc~M~amwl.97 February 12, 1997 ,? Woodburn Police Dept. 270 Montgomery St. Woodburn, OR 97071 ATTENTION: Ken Wright, Chief of Police Re: Chu's - Denial Recommendation of 1997 Liquor License(~ Dear Mr. Wright: As a follow-up to our meeting of last week, I submit the following written comments. It is my intention to cooperate fully with the Woodburn Police Department and the O.L.C.C. at all times. In specific response to problem areas, I will immediately take the following positive steps: A. Incidents/Disturbances: In an effort to reduce the number of incidents, I will: 8B 1. Increase the number of uniformed security officers Friday throug Sunday from 9:00 p.m. until closing. Ail such officers will be instructed to cooperate fully with the Woodburn Police Department in searching those suspected of weapons or illegal substances and in prosecuting offenders. 2. Assign a full-time security officer to patrol the parking lot Friday through Sunday from 9:00 p.m'~ until closing as a deterrent to activities and/or incidents occurring in the immediate areas outside the building. 3. Post House Rules informing patrons that weapons and illegal substances are not allowed on the premises. 8B 4. Maintain an incident log and "86"list with pictures avail- able for review by employees, the police and the O.L.C.C. staff at all times. 5. Permanently bar/"86" all patrons who engage in fights or illegal activities. B. Alcohol Overservice & Related Problems: Ail staff (including myself) are, and will continue to be, required to take classes on responsible alcohol service. C. Ongoinq Community Awareness: Ownership and staff will meet periodically as necessary with theWoodburn Police Department representatives to be informed of crime trends in the vicinity of the premises and learn how to best handle the problems. D. Public Safety Concerns: A sound wall is currently under con- struction at the South end of the building to eliminate the reported noise disturbances. I remain open to further suggestions and comments. Yours truly, PETER C.L. CHU enclosure SIGN CLASS IN (PLEAS~ PRINT LEGIBLY) ATTENDANCE SKEET NA/~E ~ .T-~/~' ~' / ~ ~'~/L ' PREI~ISES JOB TITLE ,/ SERVICE PE NUI~BER OR ~.~zo 6= IOA City of Woodburn Police Department STAFF REPORT 270 Montgomery Ken Wrig~ Chief of 1~ Date: ~ ~treet Woodburn, Oregon 97071 (503) 982-2345 uary 20, 1997 Mayor and Council C. Childs, City Administrator Subject: Repeal of Ordinance 1839 - Providing for the regulation of merchant policemen, private detectives and investigators. The 1995 legislature passed Senate Bill 60 setting statewide standards for criminal background checks and minimum training standards for both proprietary and contract private security agencies. Senate Bill 60 began with a bill introduced and the federal legislature called the Gore-Martinez Act. Martinez required that all states set statewide standards governing private security. The new Oregon 203.090 requires that all private security agents and agencies register with the State Board on Public Standards and Training beginning January 1997 and by July 1997 must be registered to operate legally. Senate Bill 60, Oregon Law 203. disallows local governments from regulating private security other than local business licenses, ff required. In order to keep our Ordinances clear and up to date it is recommended the City Council repeal Ordinance 1839. IOA COUNCIL BILL NO. 1780 ORDINANCE NO. AN ORDINANCE REPEAUNG ORDINANCE 1839 (THE MERCHANT POUCE/PRIVATE DETECTIVE REGULATORY ORDINANCE) AND DECLARING AN EMERGENCY. WHEREAS, the 1995 Oregon Legislature enacted legislation to regulate and license private security services; and WHEREAS, this legislation established the Advisory Committee on Private Security Services; and WHEREAS, based upon the recommendations of this advisory committee, the state will implement licensing and certification programs to be operative on January 1, 1997; and WHEREAS, ORS 203.090 now legally preempts the laws of local jurisdictions relating to the regulation of private security officers, employees and security services, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Ordinance 1839 (providing for the regulation of merchant police, private detectives and investigators) is hereby repealed. Section 2. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as ,o ,or~~/1'~}/¥~~ City Attorney Date APPROVED: Nancy A. Kirksey, Mayor Page I - COUNCIL BILL NO. ORDINANCE NO. Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST- Mary Tennant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. ORDINANCE NO. TO: FROM: SUBJECT: DATE: City Council through the City Administrator Public Works Director Wastewater Treatment Collection System Award to Crane and Merseth February 14, 1997 10B I~ECOMMENDATION: The City Council is requested to award the treatment plant collection system contract to Crane and Merseth by approving the attached resolution. BACKGROUND: Collection system design is the smallest portion of the wastewater facilities engineering services needed in Phase 1 of the design activities. The proposed engineering services will be limited to design and construction of force mains from 1) Lincoln Street to Boones Ferry, and from 2) Mill Creek pump station to the treatment plant and related pump station modifications. Environmental considerations require that these activities start as soon as possible as outlined in the memo from the Assistant City Engineer. The collection system improvement needed on the southeast and north section of the city will be brought to the council in the next 12 to 18 months. The city has also applied for a grant/loan to fund a portion of this project. In the last few months, the Public Works' staff has worked on the technical scope of the project and the City Attorney has worked on the legal portion of the contract document. The final negotiations have been completed by the staff. The major professional engineering services contract needed for mechanical design and construction of the wastewater plant has been awarded to Brown and Caldwell. The poplar plantation and related services contract has been awarded to CH2M Hill consulting firm. It is desirable to award the collection system contract to a smaller firm, such as Crane and Merseth, that has expertise in the pumping system needed for this project. The cost of professional engir, cc,'ing services to be performed by Crane and Merseth Engineers is estimated at $419,600. It should be understood that the amount in the contract is based on the-estimated time needed to perform the engineering tasks. Crane and Merseth is a smaller engineering firm when compared to CH2M Hill and Brown and Caldwell and is well suited for collection system design. The City Attorney has reviewed the contract document and all necessary changes have been incorporated in the contract being presented to the council. lOB It is requested that the city courmil approve the attached resolution authorizing the Mayor to sign the contract document. Crane and Merseth engineers are ready to start the pre-design engineering work soon after the contract has been officially approved. GST:Ig Attachments: 1. Technical Recommendation: Memo from Assistant City Engineer .2. Resolution 3. Contract document: Legal portion of main contract with Crane and Merseth containing project description, scope of work, and compensation Note: Crane and Merseth engineer representatives will be introduced to the council C~IAUARD .CC TO: FROM: SUBJECT: RECOMMENDATION; MEMO JANUARY 27, 1997 City Adminstrator for City Council Action Assistant City Engineer thru Public Works Director ~ I-5 Force Main, Mill Creek Force Main, and required modifications to pump stations. Award the engineering service contract to Crane & Merseth in the amount of $ 411,372.00 lOB ]~ACKGROUND: Volume II, Collection Systmm, ofthe Facilities Plan for the Woodbum Wastewater Plant Expansion included these recommendations: Poim 1. Route as nmeh of the collected wastes as possible to the north and avoid transmitting it via downtown sewer systems. Point 2. Install a second force main from bfill Creek Pump Station to the Woodburn Treatment Plant. This Force Main would act in conjunction with the existing Force Main. Discussion of point 1: Downtown collection systems and, as well, the northerly end of Mill Creek Trunk Sewer were identified in Volume IL Collection Systems Woodbum Facilities Plan as being over-capacity. Recent experience the past two years has borne out the engineer's identifications. Surcharging in Harrison Street collection system and lVfill Creek Tnmk Sewer, north end, has been observed. Discussion of point 2: Volume H identifies the need to increase pumping capacity from Mill Creek Pump Station to Woodburn Wastewater Plant. As well, the pump station was built (1979) with a second discharge connection point and that point is presently ready to accept a second, new force main. The I-5 Force Main will route sewage from the pump station near Walmart parking lot northerly to a discharge point at Boone's Ferry Road and Goose Creek. This point is east of the middle school and will direct the sewage into an 18" diameter gravity sewer that leads to the Mill Creek L~ Station. This gravity sewer will have capacity for at least a decade. It should be pointed out that I-5 Pump Station near Walmart parking lot receives all of West W0odbum sewage; presemly this sewage is directed into the gravity sewer in West Lincoln. This line directs sewage through town to the Park on North First Street and from there into the overcharged north end oflWfll Creek Think. The ncrthedy routing will relieve the load on the identified downtown systems and urgent resolution of problem is needed. Certain modifications will have to be made to both lift stations to allow them to pump increased loadings. I-5: Replace one 10 horsepower and one 150 horsepower pumps and motors with two 60 horsepower units. Both old units will be stored at Woodburn Plant. It is anticipated the 150 horsepower unit will be placed back into service when future increased loadings will warrant larger pumping capacity. Mill Creek: Pump l:~:l~'__~ln shall have to be increased in their mass in order to be able to handle bigger and heavier pumping loads. These improvements should take the City though Phase I of the Plant Expansion. lOB lOB COUNCIL BILL NO. 1779 RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH SUZANNE CRANE ENGINEERING, INC. DOING BUSINESS AS CRANE & MERSETH ENGINEERING/SURVEYING FOR PROFESSIONAL ENGINEERING CONSULTANT SERVICES RELATING TO ENGINEERING SERVICES FOR MILL CREEK AND I-5 FORCE MAIN PROJECTS AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, The City of Woodburn must comply with the Stipulated Final Order issued by the Oregon Department of Environmental Quality which provides a time line for the resolution of existing wastewater overflow problems and to plan for expansion to accommodate the community's projected growth, and WHEREAS, Consultant professional engineering services are needed now to accomplish the improvements that are required to the wastewater collection system to efficiently convey existing wastewater flows and to accommodate increased flows that will be created by anticipated growth, and WHEREAS, Crane & Merseth Engineering/Surveying, a professional engineering consultant, is recommended to perform engineering work required for the Mill Creek and I-5 force main projects, and WHEREAS, a proposed agreement for professional services has been prepared and agreed to by Crane & Merseth Engineering/Surveying and reviewed by the City Attorney (body) and Public Works staff (technical aspects and exhibits), NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with Suzanne Crane Engineering, Inc. d.b.a. Crane & Merseth Engineering/Surveying for professional engineering consulting services relating to engineering services for Mill Creek and I-5 force main projects which is included as exhibit 'A' and by this reference incorporated herein. Section 2. That the mayor is authorized to sign said agreement on behalf of the city. Page 1 - COUNCIL BILL NO. RESOLUTION NO. City Attorney APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor F~:m in the Office of the Recorder ATTEST: Mary Tennant~ Recorder City of Woodbum, Oregon Nancy A. Kirksey, Mayor lOB Page 2 - COUNCIL BILL NO. RESOLUTION NO, . , lOB AGREEMENT FOR PROFESSIONAL SERVICES DUPLICATE ORIGINAL This AGREEMENT for services is made this ~ day of February, 1997,between the City of Woodburn, Oregon ('OWNER'), and Suzanne Crane Engineering, Inc. doing business as Crane & Merseth Engineering/Surveying (ENGINEER). ARTICLE 1. SCOPE OF SERVICES OWNER intends to construct the I-5 Force Main (I-5 FM PROJECT); the Mill Creek Force Main, design phases I and 2, (MC FM1 and MC FM2 PROJECTS, respectively); modifications to the I-5 Pump Station (I-5 PS PROJECT) and modifications to the Mill Creek Pump Station (MC PS PROJECT). ENGINEER agrees to provide OWNER with those services described in Attachment 1 to this AGREEMENT for those PROJECTS. ENGINEER may provide OWNER with extra services (services not specified in Attachment 1) if ENGINEER and OWNER have agreed in writing as to the scope of and fee for such extra services. ENGINEER will begin providing services after receipt by ENGINEER of an executed original of this AGREEMENT and a written Notice to Proceed from OWNER. OWNER will issue separate Notices to Proceed for each PROJECT. ENGINEER will perform its services in a diligent manner to completion. ENGINEER will not be responsible for delays caused by factors beyond its reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or regulatory authority to act in a timely manner, failure of OWNER to furnish timely information or approve or disapprove of ENGINEER's services or work product promptly, or delays caused by faulty performance by OWNER or by contractors of any level. When such delays beyond ENGINEER's reasonable control occur, OWNER agrees ENGINEER will not be responsible for damages or be deemed to be in default of this AGREEMENT. ARTICLE 2. COMPENSATION Ae OWNER agrees to pay ENGINEER for services performed under this AGREEMENT. OWNER will pay ENGINEER on an hourly basis, plus expenses, according to the rate schedule set out in Attachment 2 to this AGREEMENT. However, the total compensation to ENGINEER for services provided under this AGREEMENT shall not exceed $419,600. The rate schedule set out in Attachment 2 will be revised by ENGINEER at the beginning of each calendar year to cover cost-of-business changes. For purposes of establishing the compensation, it is assumed that ENGINEER's work will be performed according to the following schedule: Page I - Agreement for Professional Services lOB * I-5 FM, MC FM1, MC PS, and I-5 PS PROJECTS: Work during 1997 * MC FM2 PROJECT: ½ of work during 1997 and % of work during 1998 ENGINEER will submit invoices for progress payments to OWNER not more than once each month by the 20th day of each month. The invoices will represent the value of the completed services to date and will be prepared in the form that and supported by such documentation as OWNER may require. OWNER will pay ENGINEER's invoices within 30 days of receipt of each invoice. Interest at the rate of 1.5% per month will be charged by ENGINEER beginning 60 days after the date ENGINEER submits its invoice to OWNER. In the event of a contested invoice, only payment for the portion of the invoice that is contested will be withheld. OWNER will exercise reasonableness in contesting any invoice or portion of any invoice. ENGINEER has the right to suspend services under this AGREEMENT, after giving the OWNER seven days written notice, if OWNER fails to pay in full any invoice within 60 days of the date ENGINEER submitted that invoice to OWNER. ENGINEER will have no liability to OWNER for suspending services in this circumstance. DJ Upon completion of this services, ENGINEER will notify OWNER in writing that its services are complete and that final payment is due. If the services have been completed to the satisfaction of OWNER, and if all other provisions of this AGREEMENT have been fulfilled, then OWNER will make final payment to ENGINEER within 1 § working days of receipt of that notice. ARTICLE 3. OBUGATIONS OF ENGINEER A. Standard of Care The standard of care applicable to ENGINEER'S services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services. ENGINEER will reperform any services not meeting this standard without additional compensation. B. Subsurface Investigations In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, explorations, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of ENGINEER. Page 2 - Agreement for Professional Services lOB ENGINEER'S Personnel at Construction Site The presence or duties of ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make ENGINEER or its personnel in any way responsible for those duties that belong to OWNER and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. ENGINEER and its personnel have no author'Ky to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or operating on health or safety deficiencies of the construction contractor or other entity or any other persons at the site except ENGINEER's own personnel. ENGINEER's Approval of Documents All written documents, drawings, and plans submitted by ENGINEER and intended to be relied upon for the PROJECT shall bear the signature, stamp or initials of ENGINEER. Any documents submitted by ENGINEER which do not bear ENGINEER's signature, stamp or initials or those of the ENGINEER'S authorized architect shall not be relied upon by OWNER. Interpretation of plans and answers to questions covering plans given by ENGINEER or ENGINEER's architect need not be put in writing and may be relied upon by OWNER and others. Opinions of Cost, Financial Considerations, and Schedules In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operation personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, ENGINEER makes no warranty that OWNER's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from ENGINEER's opinions, analyses, projections, or estimates. Page 3 - Agreement for Professional Services lOB Duty to Inform If at any time during the performance of this AGREEMENT, or any future phase of this AGREEMENT for which ENGINEER has been retained, ENGINEER becomes aware of actual or potential problems, faults or defects in the Project or any portion thereof, any nonconformance with the federal, state or local law, rule, or-regulation, or has any objection to any decision or order made by OWNER with respect to such laws, rules or regulations, ENGINEER shall give prompt written notice thereof to OWNER's project manager. Any delay or failure on the part of OWNER to provide a written response to ENGINEER shall neither constitute agreement with nor acquiescence to ENGINEER's statement or claim, nor constitute a waiver of any of OWNER's rights. Record Drawings Record drawings, as required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. Minority-and Women-Owned Businesses; OWNER-Specified Subcontractors ENGINEER will comply with OWNER's directives in utilizing the services of OWNER-specified subcontractors and/or minority and women-owned businesses on the PROJECT. Firms selected by ENGINEER to meet said directives will be subject to approval of OWNER. Workers Compensation ENGINEER, ENGINEER's subcontractors, if any, and all employers working under this contract are subject employers under the Oregon Workers Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all of their workers. ENGINEER shall pay all contributions required to be made by ENGINEER to the Industrial Accident Fund. J. Health Care Payments ENGINEER shall pay when due all sums, including sums withheld from ENGINEER's employees pay, which ENGINEER has agreed to pay to health care providers for treatment rendered to ENGINEER's employees. Page 4 - Agreement for ProfeSSional Services lOB Hours of Labor No person employed pursuant to this contract shall be employed for more than eight hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy, as determined by OWNER, absolutely requires it. Employees shall be compensated at the rate of time and a half for all overtime worked in excess of 40 hours in one week, except for individuals who are excluded from receiving overtime under ORS 653.010 to 653.261 or under 29 U.S.C. Sec. 201-209. Payment for Labor, Material or Services ENGINEER shall make payment when due to ali persons supplying labor or material ENGINEER for the prosecution of work performed under this AGREEMENT. ENGINEER shall not permit any lien or claim to be filed or prosecuted against OWNER on account of labor or material furnished pursuant to this AGREEMENT. If ENGINEER fails, neglects or refuses to make payment when due of any claim for labor or services furnished to ENGINEER or a subconsultant for work performed pursuant to this AGREEMENT, OWNER may pay such claim and charge the amount of the payment against funds owned by OWNER to ENGINEER. M. State Income Tax Withholding ENGINEER shall pay to the Oregon Department of Revenue all sums withheld from employees pursuant to ORS 316.617. N. Recycled Paper Required To the maximum extent economically feasible, ENGINEER shall use recycled paper in performing this agreement. O. Discrimination Prohibited No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this AGREEMENT on the grounds of sex, race, color, creed, marital status, age, disability or national origin. Any violation of this provision shall be grounds for cancellation, termination or suspension of the AGREEMENT in whole or in part. by OWNER. Page 5 - Agreement for Professional Services Access to ENGINEER's Accounting Records OWNER shall have access upon request to such books, documents, receipts, papers and records of ENGINEER as are directly pertinent to this AGREEMENT for the purpose of making audit, examination, excerpts, and transcripts for a period of three (3) years unless within that time OWNER specifically requests an extension. This clause shall survive the expiration, completion or termination of this AGREEMENT. ENGINEER's Insurance The ENGINEER will maintain throughout this AGREEMENT the following insurance: Workers' compensation and employer's liability insurance as required by the state or province where the work is performed. Commercial (comprehensive) automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including on-site and off-site operations, and owned, nonowned, or hired vehicles, with $1,000,000 combined single limits. 10B Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of ENGINEER or of any of its employees, agents, or subcontractors, with $1,000,000 per occurrence and in the aggregate, 4. Professional liability insurance of $2,000,000. OWNER will be named as an additional insured with respect to ENGINEER's liabilities hereunder in insurance coverages identified in items (2) and (3), and ENGINEER waives subrogation against OWNER as to said policies. ENGINEER shall furnish OWNER a certificate evidencing the date, amount and type of insurance that has been procured pursuant to this AGREEMENT. The policies referenced in Q2 and Q3 above shall be written on an 'occurrence basis." All policies shall provide for not less that 30 days' written notice to OWNER before they may be revised, nonrenewed, canceled, or coverage reduced· Excepting worker's compensation coverage, all policies shall provide an endorsement naming OWNER, its officers, employees and agents as additional insureds. In Page 6 - Agreement for Professional Services 10B the event the policy lapses during performance, OWNER may treat said lapse as a breach, terminate this AGREEMENT and seek damages, or use any other remedy provided by this AGREEMENT or by law. ARTICLE 4. OBUGATIONS OF OWNER A. OWNER-Furnished Data OWNER will provide to ENGINEER all technical data in the OWNER's possession relating to ENGINEER's services on the PROJECT. ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by OWNER. B. Access to Facilities and Property OWNER will make its facilities accessible to ENGINEER as required for ENGINEER's performance of its services. OWNER will perform at no cost to ENGINEER such tests of equipment, machinery, pipelines, and other components of OWNER's facilities as may be required in connection with ENGINEER's service, unless otherwise agreed to. OWNER will be responsible for all acts of OWNER's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the scope of Services, OWNER will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, province, or federal authorities; and land, easements, rights-of- way, and access necessary for ENGINEER's services or PROJECT construction. D. Timely Review OWNER will examine ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents and render in writing decisions requested by ENGINEER in a timely manner. E. Prompt Notice OWNER will give prompt written notice to ENGINEER whenever OWNER observes or becomes aware of any development that affects the scope or timing of ENGINEER's services or of any defect in the work of ENGINEER or construction contractors. Page 7 - Agreement for Professional Services lOB F. Asbestos or Hazardous Substances and Indemnification If asbestos or hazardous substances in any form are encountered or suspected, ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, ENGINEER will, if requested, assist OWNER in contacting regulatory agencies and in identifying asbestos testing laboratories and demolition/removal contractors or consultants. If asbestos is confirmed, OWNER will engage a specialty consultant or contractor to study the affected portions of the work and perform all remedial measures. If hazardous substances other than asbestos are suspected, ENGINEER will conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. G. Changes OWNER may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. ARTICLE 5. GENERAL LEGAL PROVISIONS A. Project Documents Property of OWNER. All work in its original form, including but not limited to documents, drawings, tracings, surveying records, mylars, papers, computer programs, diaries and photographs, performed or produced by ENGINEER under this AGREEMENT shall be the exclusive property of OWNER and shall be delivered to OWNER prior to final payment. Any statutory or common law rights to such property held by ENGINEER as creator of such work shall be conveyed to OWNER upon request without additional compensation. Upon OWNER's approval and provided OWNER is identified in connection therewith, ENGINEER may include ENGINEER's work in its promotional materials. Drawings may bear a disclaimer releasing the ENGINEER from any liability for changes made on the original drawings and for reuse of the drawings subsequent to the date they are turned over to OWNER. Page 8 - Agreement for Professional Services Do Force Majeure ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of ENGINEER. Termination This AGREEMENT may be terminated for convenience by either party with 30 days' written notice, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice end diligently complete the correction thereafter. In the event of termination, ENGINEER shall perform such additional work as is necessary for the orderly filing of documents and closing of the PROJECT. The time spent on such work shall not exceed ten percent (10%) of the time spent on the PROJECT prior to the effective date of termination. OWNER shall pay ENGINEER and for all work performed in accordance with this AGREEMENT and all work necessary for filing and closing as described in this section. Suspension of Work OWNER may suspend, delay or interrupt all or any part of the work for such time as OWNER deems appropriate for its own convenience by giving written notice thereof to ENGINEER. An adjustment in the time of performance or method of compensation shall be allowed as a result of such delay or suspension unless the reason for the delay is within ENGINEER's control. OWNER shall not be responsible for work performed by any subcontractors after notice of suspension is given by OWNER to ENGINEER. Should OWNER suspend, delay or interrupt the work and the suspension is not within CONTRACTOR's control, then OWNER shall extend the time of completion by the length of the delay and the method of compensation shall be adjusted to reflect ENGINEER's reasonable increase or decrease in its standard hourly rates. No Third-Party Beneficiaries This AGREEMENT gives no rights or benefits to anyone other than OWNER and ENGINEER and has no third-party beneficiaries. 10B F. Indemnification ENGINEER agrees to indemnify OWNER from any losses, damages, or judgments arising out of claims by third parties for property damage or bodily Page 9 - Agreement for Professional Services injury caused solely by the negligent or intentional acts or omissions of the ENGINEER, its officers, employees, or agents in connections with the projects. OWNER agrees to indemnify ENGINEER from any losses, damages, or judgments arising out of claims by third parties for property damage or bodily injury caused solely by the negligent or intentional acts or omissions of OWNER, its officers, employees, or agents in connection with the projects. If the negligence or intentional conduct of both ENGINEER and OWNER (or such person identified above for whom each is liable) is a cause of such losses, damages, or judgments, then the losses, damages, or judgments will be shared between ENGINEER and OWNER in proportion to their relative degrees of fault. The review, approval or acceptance by OWNER, or City of Woodburn employees, of documents or other work prepared or submitted by ENGINEER shall not relieve ENGINEER of its responsibility to provide such materials in full conformity with OWNER's requirements as set forth in this AGREEMENT and to indemnify OWNER from any and all costs and damages resulting from ENGINEER's failure to adhere to the standard of performance described herein. Assignment Neither party will assign all or any part of this AGREEMENT without the prior written consent of the other party. OWNER shall have the right to let other agreements be coordinated with this AGREEMENT. ENGINEER shall cooperate with other firms, engineers or subconsultants on the project and OWNER so that all portions of the project may be completed in the least possible time within normal working hours. ENGINEER shall furnish other engineers and subconsultants and affected public utilities, whose designs are fitted into ENGINEER's design, detail drawings giving full information so that conflicts can be avoided. Jurisdiction The law of the state of Oregon shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. Adherence to Law ENGINEER shall adhere to all applicable federal and state laws, including but not limited to laws, rules, regulations, and policies concerning employer and employee relationships, workers' compensation, and minimum and prevailing wage requirements. Any certificates, licenses or permits which ENGINEER is required by law to obtain or maintain in order to perform work described on the lOB Page 10 - Agreement for Professional Services Lo Attachment I shall be obtained and maintained throughout the term of this AGREEMENT. ENGINEER's Warranty; No Waiver of Legal Rights Notwithstanding any acceptance or payments, OWNER shall not be precluded or estopped from recovering from ENGINEER, or its insurer or surety, such damages as may be sustained by reason of ENGINEER's failure to comply with the terms of this AGREEMENT. A waiver by OWNER of any breach by ENGINEER shall not be deemed to be a waiver of any subsequent breach by ENGINEER. Attorneys Fees In the event a suit or action is instituted to enforce any right guaranteed pursuant to this AGREEMENT, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorneys fee to be fixed by trial and appellate courts respectively. Notices All notices required under this AGREEMENT shall be delivered by facsimile, personal delivery, or mail and shall be addressed to the following persons: lOB Mr. Gordon Merseth Vice President 6566 SE Lake Road Suite D Milwaukie, OR 97222-2138 Mr. Frank Tiwari Public Works Director City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Me Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Integration This AGREEMENT, including its attachments, constitutes the entire agreement between the OWNER and ENGINEER and supersedes all prior or contemporaneous oral or written representations or agreements. This Page 11 - Agreement for Professional Services AGREEMENT shall not be modified except with written documents signed by both parties. The following documents which are attached to this AGREEMENT are incorporated herein and by this reference made a part hereof. Attachment 1: Scope of Services Attachment 2: Schedule of Fees and Reimbursable Expenses 10B Articles 3, 4, and 5 shall survive termination of this AGREEMENT for any cause. ARTICLE 6. A'n'ACHMENTS, SCHEDULES, AND SIGNATURES This AGREEMENT, including Attachments 1 and 2, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may be changed only by a written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in duplicate by their respective authorized officers or representative as of the day and year above written. SUZANNE CRANE ENGINEERING, INC CITY OF WOODBURN By: By: Gordon Merseth, P.E. Vice President Nancy A. Kirksey, Mayor Attest: Approved as to Form: City of Woodburn Legal Counsel City Recorder N. Robert Shields Page 12 - Agreement for Professional Services lOB DUE TO THE SIZE OF ATTACHMENTS 1 AND 2, THEY ARE NOT ATTACHED BUT ARE AVAILABLE FOR YOUR REVIEW IN THE OFFICE OF THE CITY RECORDER 10C COUNCIL BILL NO. 1781 RESOLUTION NO. A RESOLUTION ENTERING INTO A JOINT FUNDING AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR FOR ESTABUSHMENT OF A DATA COLLECTION PROGRAM INVOLVING A STREAMFLOW GAGING STATION ON THE PUDDING RIVER AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SAID AGREEMENT. WHEREAS, The City of Woodburn is making improvements to its wastewater treatment plant, and WHEREAS, Requirements of the improved wastewater treatment plant require that the streamflow in the Pudding River be accurately determined, and WHEREAS, The U.S. Geological Service (USGS) has agreed to work with the city and to establish a streamfiow gaging station on the Pudding River to meet the city's requirements, to provide matching Federal Funds for installation of the gage since it will be part of the national gaging station network that provides information needed to define, use and manage the nation's water resource; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into a joint funding agreement with the U.S. Geological Service, United States Department of Interior for establishment of a streamflow gaging station on the Pudding River which is attached hereto as Exhibit and by this reference incorporated herein. Section 2. That the Mayor and City Recorder are authorized to sign said agreement on behalf of the city. Page 1 - COUNCIL BILL NO. Approved as to for City Attorney Date 10C Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder APPROVED: Nancy A. Kirksey, Mayor ATTEST: Mary Tennant, Recorder City of Woodbum, Oregon Page 2 - COUNCIL BILL NO. Form 9-13ee u.:~. ueparunem oi me m[er~or 10C (~ ~) U.S. ~~1 ~ doi~ F~g ~~m F~ WAT~ RES~R~ I~ES~ONS ~ AGREEMENT ~ e~er~ i~o ~ of t~ 1~ ~y ~ Fe~ 19~ by the U.S. GE~OGIC~ SURV~, UN~D ~ATES DEPAR~E~ OF ~E I~ERIOR, ~ ~ t~ ~ pa~ a~ t~ ~ of W~m, O~on, ~ ~ t~ ~ ~d. 1. The parties hereto agree that subject to the availability o~ aRon:~ori~ons and in accordance with their respective authorities there shall be maintained in cooperation a data collection program for the Pudding River, hereinafter called the 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. (a) $10,600 by the party of the first part dudng the period February 1, 1997 to September 30,1997 (b) $10,660 by the party of the second part dudng the period February 1, 1997 to September 30,1997 (c) Additional or reduced amounts by each party dudng the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopled by the party of the first part to insure the required standards of accuracy subject to modifioation by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be fumished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. Billing for this agreement will be rendered mmually . Payments of bills am due within 60 days after the biffing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23, 1983.). U.S. GEOLOGICAL SURVEY UNITED STATES DEPARTMENT OF THE INTERIOR (SIGNATURE & TITLE) Dennis D. Lynch, District Chief, Oregon By CITY OF WOODBURN, OREGON By By (USE REVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED) BY,, H t 1~5 IT City of Woodburn Police Department STAFF REPORT 1OD 270 Montgomery Street Ken Wrig~~ Chief of ~ Date: February 18, To: Mayor and Council Thru: Subject: Applicant: Woodburn, Oregon 97071 1997 C. Childs, City Administrator Package Store - Change of Ownership Piper's Jewelry, Inc. 1727 Mt. Hood Avenue Woodburn (503) 982-2345 Recommendation The City Council approve the change of ownership for Piper's Jewelry, Inc. and provide a favorable recommendation to the Oregon Liquor Control Commission. On February 18, 1997 the police department received application for a change of ownership liquor license from Piper's Jewelry. The business sells wine by the bottle and has had a liquor license for over ten years without incident. The same owners have owned and operated the business during this same time. The business is incorporating and the incorporation is the reason for the license change. A complete records check was completed for all principals involved in the corporation. No criminal history was identified. The Council approved renewal of the li0,uor license January 27, 1997. cc file OLCC B:~.olcc\pipers MEMO 14A TO: FROM: SUBJECT: DATE: Mayor & City Council through the City Administrator Planning Commission %L.G Site Plan Review f/96-15 Oil Can.Henry's Site Plan Review #cJ6-18 Coastal Farm & Home Supply Store February 19, 1997 Applicant: Vision Oil, Inc./Oil Can Henry's Chds Taylor, President 8002 N. E. Highway 99 #277 Vancouver, WA 98665 Nature of the Application: The applicant is requesting site plan review approval for the construction of a 1,288 square foot two-bay drive through oil change facility and the conversion of an existing residence on the subject lot to a 1,440-square foot commercial office. The site is located at 1754 Mt. Hood Avenue and is zoned CG - Commercial General. The subject property consists of one tax lot approximately 21,785 square feet adjacent to the Bi-Mart store on Highway 214. It can be specifically identified as Tax Lot 10(X),5S,1W,8DB. (See Attached site plans A-1 through A-4) Applicant: IMF Development, Inc./MSS Inc./Coastal Farm & Home Supply 10716 SE Hwy 213 Clackamas, OR 97015 Nature of the Application: The applicant is requesting site plan review approval for the construction of a 28,500-square foot building. The property is located in the Bi-Mart Mall on Highway 214 in Woodbum and is zoned CG - Commercial General. The property can be identified specifically on Marion County Assessor Map T5S, lW, Section 8DB, Tax Lot #1500, Account #42504145. ( See attached site plans B-1 through B-3) SG:jb C:L~PR:96-15.96-18 I I I I z 6.3.50 ,PARK I NG REOU [ REHENT$ OFFICES- 1/500 * I/E~P. - S SPACES OC~ I/EflP. - 4 SPACES (OCH HAS NO WALK-IN TRAFFIC} TOTAL PARKING SPACES - I0 O~AIN TRASH I I SEttER SO' 0 121. Ig SITE. PLAN ~ SCALE I' - 20' 184 SITE DESCRIPTION 'TO~TAL SITE AREA 21.7e$ SF KILl)lNG AREA 2724 SF ('~K I flg/$ I OGWALICS 12.857 SF I.~M~D~'~PING AREA 7132 SF PARKING SPACE N. LOCATIO4~: STAIel)~m) g TOTAL SPACG$ lO NOTE: 'TO CATa~ BASIN LINE RN'~ UP TO $TANOA~D$ 183 RAHP UP TO $T,'U~I)ARD S PLANTING 183.'. LEGEND S-I S-2 S-$ S-4 HONUFfl~NT $1Gt4 - OIL CAN HENRY'S TRAFFIC FLOW $1ON-'EXlT ONLY' DIRECTIONAL SIGN - PEDESTAL POLE SlG~I ~ REC'D ~ JAN 1.7 1997 WOOOBUI~ OO~IMU~ITY $ ITE LAYOUT pies dele: 96. lO01 10-9-96 RGVI SGO: 12/2B/Od _1 OIL CAN HENRY'S IOOO HT. HOOD AVENUE WOODBURN. OREGON VISION OIL. I NC ~55 ~ HIOI~AY ~ e~7 YANCOUVER. I[A~41NBT~ .1 & elloeielee · Fla..ere · designers trite H.I. Curier ..154el ted.itel _1 LEGEND 1 ~r REC'D JAN 1 ? ~997 -~RASH E~OSURE EXISTING TREES TO BE REHOVED. RED MAPLE EXISTING TREES ;URROUNDING PROPERTY TO BE REMOVED. LANDSCAPE BREAKDOg/N STREET 1785tf 23 BUFFER $505ef 45 PARKING 2544ef 32 TOTAL 7832ef // SO' 09' I0' W 121.1g LANDSCAPE PLA~ SCALE I' - 20' SI TE LANDSCAPE J L REVISED: 12/2g/g~ OIL CAN HENR I000 liT. HOOD AVENUE I I m'l ~ ~ HI.AY y~. W~I~ ' ' ' 14A 14A r! L_,_ .ill I ! ] 1 14A / I 114A 'l ~ (',, {, Il'. ' , /.4,VI:.','C/I/'/6/(:/'/R/{/CA?'iOIV /'U~V I I I I I I I,I '9 ~. /'ilil~l E~~:COASTAL FARM ~: HOME SUPPLY MSS INC ~,1~ sw 4b VO~DBURN, OREGON (~) ~ ~VATIONS II I I I I I~l 14A · 15A TO: MEMO Mayor and City Council Childs, City Administrator FROM: Chr~ SUBJ.: DATE: united Dis0osal Annual C' _~vwide Cleanun Day February 11, 1997 I have been notified by United Disposal Service of the date for the annual citywide yard debris cleanup day. This will be gQ~tJ;I~IY_iZQ~ on Saturday, March 29, 1997. 7 a.m. until 5 p.m. The only location where yard debds will be accepted is the United Disposal headquarters facility at 2215 N. Front Street. The location will be manned by United Disposal personnel to inspect the content of loads and to check IDs to ensure that only bona fide city residents take advantage of this free service. Company officials emphatically remind interested residents that this is limited to yard debris only. The reduction in the scope of this event from previous years is apparently due to problems encountered in the past because of metals or other inappropriate materials being dumped at the various drop-off points and non-residents attempting to take improper advantage of an event intended for the benefit of city ratepayers. cc: Informational/All City Departments I§B MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator Leaque of Ore_~on Cities Elected Officials Worksho_o February 18, 1997 Attached for your information is the tentative program for the League of Oregon Cities' biennial Elected Officials' Workshop series. This is designed specifically for newer Council members, .but can also provide helpful insights on different topics for "veterans" and offers an excellent opportunity for anyone to "network" with elected officials from other communities. The workshops involve a Friday afternoon/all day Saturday format. Of the three possible locations to attend, Salem is the closest with the workshop scheduled for March 21 and 22, 1997. if any councilor is interested in attending this workshop, please contact me prior to a registration deadline of Tuesdavo March 11. 1997. A blanket registration form for all attendees is to be mailed by each city's administrator/manager. League of Oregon Cities 1997 ELECTED OFFICIALS WORKSHOPS Friday 1:00 p.m. 1:15 p.m. 3:30 p.m. 3:45 p.m. 5:00 - 6:00 p.m. TENTATIVE PROGRAM Welcome - LOC Past Presidents Leadership Training Break Goal Setting - How and Why Reception Dinner on Your Own Saturday 8:30 - 9:00 a.m. 9:00 - I0:00 a.m. 10:00 - I0:15 a.m. 10:15 - 11:45 a.m. 11:45 - 12:00 noon 12:00 - 1:00 p.m. 1:00 - 2:30 p.m. 2:30 - 2:45 p.m. 2:45 - 4:15 p.m. Role of Elected Officials City Worlcforce Management Break Land Use Decision-Making Break Lunch Finance and Budgeting Break Legal Framework Medford Feb. 28, March 1 Reston Hotel 2300 Crater Lake Hwy. Plan to attend at the location of your choice! Pendleton March 14, 15 Red Lion Inn 204 SE Nye Ave. Salem March 21, 22 3301 Market St. NE