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Agenda - 02/10/1997 CITY OF WOODBURN 270 ~IONTC~MERY STREET **** WOODBURN, OREGON AGENDA WOODBglRN CI'I'Y COUNCIl. Fe. brumy 10, 1997- 7:00 p.m. tPEC[A L COUN_(TL EX'E~ SI~9ION CONCERNING I.,AtK)R NEGOTIATIONS AT 6:00 P.M. - CITY HALL = A. Council minutes of January 21, 1997 workshop and January 27, 1997 regular and executive meetings. B. Planning Commission minutes of January 23. 1997. C. Library Board minutes of January 22, 1997· APPOINTMENTS: ANNOUNCEMENTS: A. Statewide Transportation Program Meeting - February 12, 1997 in Salem. B. Marion County Commissioners Meeting on Measure 47 Issues - February 13, 1997; PGE Building in Woodburn. ~'. ~0 ~ ~-,,, C. Public Hearings: February 24, 1997, 7:00 p.m., OLCC Liquor License Renewals - Playa de Oro and Chu's Eatery. D. Prevent a Litter Month - February 1997. ~'~.... ~.~~ A. Chamber of Commerce B. School Long-Range Planning Committee C. Other Committees (This allows public to introduce items for Council consideration not already scheduled on the agenda.) Page 1 - Council Agenda, February 10, 1997. 3A 3B 3C 4D 10. A. Co~Jncil Bill No. 1758 (Ordinance increasing local gas tax.) Council Bill No. 1776 - Ordinance managing and controlling access to city streets and state highways. Council Bill No. 1777 - Resolution approving contract with CH2M-Hill for Poplar Tree Water Reuse System. Acceptance of funds for east Hardcastle storm sewer/Centennial Subdivision. D. Contract award for cleaning and epoxy coating of water reservoir. 11. A. Claim nos. 35196 - 35540 for the month of January 1997. 12. 13. 14. ~ A. Audit Report for 1995-96. B. Street tree removal. C. City priorities for projects on state highway system. D. Building Activity Report for January 1997. 18. ~~~~ To consult with counsel concerning the legal rights and duties of a public body with regard to curre~ litigation or litigation likely to be filed. ORS 192.660(1 )(h) 19. 10A lOB 10C 1OD 11A 15A I~B 15C 15D Page 2 - Council Agenda, February 10, 1997. TAPE READING 0001 0003 COUNCIL WORKSHOP MEETING MINUTES January 21, 1997 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF O~N, JANUARY 21, 1997. CONVENED. The Council met in a workshop session at 7:10 p.m. with Mayor Kirksey presiding. The purpose of the workshop was to receive input from the Library Board and the Recreation and Park Board on program priorities for fiscal year 1997-98. 3A ROLL CALL. Mayor Kirksey Present Councilor Chadwick Absent Councilor Figley Presem Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Staff Presem: City Administrator Childs, Park Director Holly, Library Director Sprauer, Finance Director Gillespie, Public Works Director, Community Development Director Goeckritz, City Recorder Tennant Library Board member present: Phyllis Bauer Park Board members present: Frank Anderson, Barbara Rappleyea Budget Committee members present: Barbara Lucas, Brace Thomas, Flurry Stone, Tom West, David Vancil Mayor Kirksey welcomed the participants to this workshop and called for introductions of all individuals present at this meeting. 0092 OVERVIEW AND UPDATE OF MEASURE 47 ISSUES. Administrator Childs stated that the purpose of this meeting is threefold: (1) to share general philosophies; (2) receive input from the Boards and the general public; and (3) develop policy direction for staff in preparing the 1997-98 budget document. Following this meeting, the staff will evaluate the results of thi.q meeting, prepare their respective budgets; if applicable, discuss budget proposal with their Board members; make any necessary budget modifications; submit budget to City Administrator for review and further modifications make take place; Administrator presents budget document to the Budget Committee for review; public hearing is held before the City Council; and the Council ultimately adopts the budget. The Budget Committee meetings have not been set as of this date, however, it is anticipated that the first meeting will be held around Page 1 - Council Workshop Meeting Minutes, January 21, 1997 TAPE READING O669 0847 COUNCIL WORKSHOPMEETINGM1NUTES January21, 1997 the middle of April. Hopefully, the legislature will be able to address some of the legislative issues involving Ballot Measure 47 in addition to giving cities a better idea as to whether or not any financial assistance will be forwarded to the cities for public safety or educational programs. The estimated loss in property tax revenue for City programs is $700,000 and this loss of revenue will have a definite impact on our budget. One issue that the Ballot Measure called for was the prioritization of public safety and education in receiving property tax dollars. Administrator Childs stated that, in our budget, public safety will take some cuts, however, we still need to prioritize this function within our budget. Personnel costs are the major expenditures within our funds that utilize property tax dollars as a .portion of their annual revenues. Administrator Childs stated that he, along with several staff members, had attended a meeting presented by the Local Government Task Force earlier this month. At this meeting, the following (1) the Measure 5 distinction should be preserved with this new measure and we should not be in competition with the schools; (2) the 3 % property tax increase can be overridden by a vote of the people; (3) the annual 3 % increase could easily be offset by depreciation of business property; (4) prioritization of public safety will be by tax code, therefore, cooperative measures with other taxing districts within are code are necessary (similar tO the Tax Coordination process originally established under Ballot Measure 5 but on a smaller scale); and (5) Governor Kitzhaber's plan does not necessarily mesh with the Republican Party's outlook and it is unknown as to what the final result will be. COMMENTS FROM BOARD REPRESENTATIVES. Frank Anderson stated that both Recreation & Parks and the Library play a major role in our quality of life. The Recreation & Park Board feels that preventative programs are essential~to maintaining He stated that 8 years ago, the youth soccer and basketball programs involved around 75 youths whereas those same programs now serve over 700 youths. In addition to these programs organized by the City's Recreation Department, there are other youth programs such as World soccer league and AAU basketball. These programs make impressions not only on the elementary age youths but also on the middle age youths who are also in need of a program The Board is now working on a Comprehensive Plan and they are looking at new ideas which will improve overall parks program and maintain goals for the future. Phyllis Bauer expressed her opinion that thc library operation should rank high for funding along with schools since the Library is an educational institutional for both students and adults. Within our library, circulation continues to increase and the library is very busy during the hours in which it is open to the public. The library is a location in which the patrons can keep updated on information utilizing new technology. 3A Page 2 - Council Workshop Meeting Minutes, January 21, 1997 TAPE READING COUNCIL WORKSHOP MEETING MINUTES January 21, 1997 3A PUBLIC INPUT - MEASURE 47 FUNDING CONCERNS. Barbara Lucas questioned why funds designated for Centennial Park could not be spent on our existing parks to keep them maintained. Director Holly stated that it has been a long-time dream to develop Centennial Park and many financial commitments have been made by private donors and local organizations towards this project. The Board feels that there is an obligation on the part of the City to at least complete Phase I even though it will still be a financial challenge to fulfill this commitment. It was also noted that the new school is being built adjacent to Centennial Park and having another major park will provide some relief to Settlemier & Legion parks which are already heavily used by the community. 1100 1290 1453 Councilor Figley suggested that current programs be reviewed and, if possible, the City, School District, and/or County either share or takeover programs to prevent duplication of services whether it be in the Library, Parks, Public Safety, Building, Planning, etc.. Working together may mean a financial savings to not only the City but other tax supported organizations within our area. David Vancil suggested that programs be prioritized and eutbacked or eliminated rather than reducing all of the existing programs on a prorata basis. Councilor Jennings stated that the City of Salem is proposing to no longer maintain their neighborhood parks and he suggested that the Board consider taking good care of our two major parks and letting the neighborhoods take care of their own park area. Flurry Stone suggested that the City look at fundamental changes in how we operate to see if our operations can be done differently and yet preserve the as many of the programs or services we currently Provide to the community. Director Holly stated that the City has had an excellent working relationship with the School District. Additionally, the comprehensive study being conducted by our consultant will provide the City with more information on how the public views the programs being offered and this information will be available prior to the budget hearings. Preston Tack stated that he was in favor of Measure 47 since property assessment has continued to rise to a level in which Ballot Measure 5 no longer had any meaning. He sympathized with the Council and Committees for the task they now need to addressed and he suggested that a graphical display of how growth has taken place in the various areas of the last few years in order to determine what areas might need correction. Jane Kanz stated that the Park facilities benefit our local citizens and tourists and suggested that they be kept in the best standing as possible. 1533 Councilor Figley requested that the Advisory Boards offer concrete proposals to the Department Heads before the budget is presented to the Budget Committee. It is Page 3 - Council Workshop Meeting Minutes, January 21, 1997 TAPE READING 1767 1878 COUNCIL WORKSHOP MEETING MINUTES January 21, 1997 necessary for the Budget Committee and Council to know the priority of programs and costs associated with those programs. She suggested that additional meetings be held with staff who do not have an Advisory Board in order to better understand their individual programs so that discussions during the budget heatings will be more constructive. Councilor Jennings also requested that information be provided on programs as it relates to such issues as cost savings if reduced or eliminated, program benefits, and modifications to programs in order to preserve the programs. Councilor Pugh reiterated the need to prioritize programs which will ultimately be used by the Council in setting policies. Mayor Kirksey expressed her opinion that the City should preserve as many of the Youth programs as possible versus senior programs excluding RSVP and Dial-a-Ride. Frank Anderson stated that the Boards and Council need to be creative and need to be careful in determining which programs are reduced or eliminated so that voters are not antagonized. The Park Board will endeavor to bring back not only a priority list of programs but also ways in which to better cooperate with the School District and ways to achieve alternative funding. Administrator Childs stated that he would be giving some direction to each Department Head as to how much property tax revenue they should budget for in 1997-98. He will be presenting a balanced budget to the Budget Committee in April and the Committee will then have an opportunity to make changes to the proposed budget. Further discussion was held regarding the need to maintain and create partnerships with the school district, governmental agencies, and, if applicable, private enterprise. Personnel costs need to be thoroughly evaluated in regards to the number of full-time equivalent positions regardless of the department. Alternative funding options were briefly discussed such as increasing fees. It was noted that increasing fees to offset loss of property tax support cannot be done under the new law without a vote of the people and it requires voter approval of at least 50% of the total eligible voters. Other areas of discussion included creation of a city-wide motor pool for repairs and consolidation of all equipment used by field personnel for the purpose of sharing currently owned equipment. Contracting out services for facilities maintenance was also suggested as a means of reducing budgetary expenses. Another suggestion was to improve the computer system to allow for city-wide networking, E-mail, Interact, etc., which tends to reduce the number of personnel in the clerical field since managers now do more of their own work on their computers. Finance Director Gillespie stated that the Data Processing Strategic Plan should be completed by the end of February. This report should give us a better understanding of what tools are needed to have the work done in an efficient manner knowing that there will be less personnel to accomplish the work. 3A Page 4 - Council Workshop Meeting Minutes, January 21, 1997 TAPE READING 2881 Tape 2 0636 1096 COUNCIL WORKSHOP MEETING MINUTES January 21, 1997 Library Director Sprauer reminded the group that cutting hours does not always have a direct correlation to the number of personnel needed to operate the Library since the number of patrons continues to increase and even with a reduced number of hours, we will probably see the same number of patrons only within a shorter period of time. It was suggested that the City look at other sources of revenues such as grants or donations from local organizations to help offset costs for capital equipment or projects. Volunteers will also continue to play an important part in providing staff assistance within the Library and Parks. Administrator Childs questioned if the group was interested in having a tour of the city facilities and operations prior to budget deliberations to better understand why the City is a labor intensive operation. Barbara Lucas read her letter into the record suggesting that funding for the archaeological dig be funded through other organizations, the planning fees be increased so that developers pay for services they receive, and Traffic Impact Fees (TIF) be increased to 100% of the allowable amount. Preston Tack also suggested that the City look at the feasibility of privatizafion of some of the services and/or programs offered by the City. Brief discussion was held on the status of the basement expansion project. Administrator Childs stated that there is a technical problem with the elevator not being ADA accessible and this project has been placed on hold until the elevator issue is clarified and more accurate costs for this project are available. In regards to increasing planning fees, Mayor Kirksey suggested that consideration be given to placing a measure on the May 1997 ballot. The filing deadline with the County Elections office is March 20th. The Council requested that more detailed information be provided on this subject such as the current planning fee structure, comparables to other local jurisdictions, time spent on development proposals, and who all would be affected by this fee. The meeting concluded at 9:15 p.m.. 3A APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 5 - Council Workshop Meeting Minutes, January 21, 1997 TAPE READING 0001 0024 OO56 COUNCIL MEETING MINUTES January 27, 1997 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 27, 1997. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Sennings Absent Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Lt. Eubank, Public Works Manager Rohman, City Recorder Tennant Administrator Childs recommended that the Executive Session relating to real property be canceled but the Council still meet on the litigation issue. He also requested Council consideration of a new agenda item (10F) relating to a proposed employee contract with our City Attorney for full-time employment. FIGLEY/PUGH .... agenda be adopted as recommended by the City Administrator. The motion passed unanimously. MINUTES. FIGLEY/PUGH... Council regular and executive session minutes of January 13, 1997 be approved; the Planning Commission minutes of January 9, 1997 and the Recreation and Park Board minutes of January 7, 1997 be accepted as written. The motion passed unanimously. ANNOUNCEMENTS. A) The City Council will hold a workshop on the Water Master Plan on Monday, February 3, 1997, 7:00 p.m., in the City Hall Council Chambers. B) A special Council Executive Session concerning labor negotiations will be held on Monday, February 10, 1997, 6:00 p.m., in the City Hall Conference Room. 3A Page 1 - Council Meeting Minutes, January 27, 1997 TAPE READING 0105 0162 0203 0242 COUNCIL MEETING MINUTES January 27, 1997 (C) Mayor Kirksey stated that earlier this evening, the new Rose Garden and Plaque was dedicated in Library Park to all of the Volunteers within Woodburn. This was an Eagle Scout project coordinated by Shawn Lonergan and this project will be complete by National Library which is the 3rd week in April. Mayor Kirksey also gave special recognition to RSVP Volunteer Norma Cook who is 94 years old and has been volunteering her service for many years. PROCLAMATION -- CATHOLIC SCHOOLS W'EEK, JANUARY 27-31, 1997. Mayor Kirksey proclaimed January 27 - 31, 1997 as Catholic Schools Week and urged local citizens to recognize and appreciate the contributions the Catholic school makes within our community. Mayor Kirksey also apologized for her absence at the early morning groundbreaking ceremony at the Super 8 Motel site. CHAMBER OF COMMERCE REPORT. Cindy Wurdinger-Kelly, Chamber representative, stated that the groundbreaking ceremony was held and construction will soon begin at the site with the Grand Opening planned for later this fall. The annual First Citizen desert social will be held on February 11, 1997, 7:00 p.m., at the United Methodist Church. This program awards citizens within our community for their outstanding community service in the area. LETTER FROM STEVEN SMITH. Mayor Kirksey stated that she had recently received a letter from Steven Smith on a landuse issue that has been ongoing. She turned this letter over to Attorney Shields since reading the letter at this time would be considered as ex-parte contact which is not allowed prior to a landuse hearing before the Council. Attorney Shields will write a letter to Mr. Smith informing him of the procedure regarding landuse heatings and ex- parte contact. Mickey Henson, 947 S. Pacific Hwy., stated that he owns a towing and wrecking yard located just south of the city limits and he requested that he be placed on the Police Department's non-preference tow list since CarCraft is on the list and also located outside of the city limits. Administrator Childs stated that we had recently received a letter from Mr. Henson's attorney and Attorney Shields has not had an opportunity to review the letter. He suggested that Mr. Henson wait a few days and the City will respond back to his attorney on this issue. 3A Page 2 - Council Meeting Minutes, January 27, 1997 TAPE READING 0313 0502 COUNCIL MEETING MINUTES January 27, 1997 PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT - HOUSING REHABILITATION PROGRAM. Mayor Kirksey declared the public hearing open at 7:12 p.m.. Community Development Director Goeekritz stated that staff has prepared a grant application requesting $500,000 with the City's match being an additional $50,000. The City's match funds do not involve property tax monies and are dollars that have been re- generated from rehabilitation loans made in the past. The most recent housing rehabilitation grant awarded to the City was in 1995 in the amount of $300,000 with the City matching $100,000. This grant provided for the rehabilitation of 38 homes and it will be closed out as of June 30, 1997. The new grant, if awarded, will begin July 1, 1997 and will provide rehabilitation funding for an estimated 45 homes within our community. This grant application is unanimously supported by the Housing Rehabilitation Task Force and they recommend that the City Council submit this grant application to the State for funding consideration. Councilor Figley, Loan Review Board member, spoke on the positive aspects of this program over the years and she gave her full support for the grant proposal. No one in the audience commented on this proposal. The public hearing was declared closed at 7:18 p.m.. PUGH/SIFUENTEZ .... approve the request to submit a grant proposal for a 1997-98 Community Development Block Grant in the amount of $500,000 as outlined in the staff memo and recommended by the Housing Rehabilitation Task Force. The motion passed unanimously. PUBLIC HEARING -- ACCESS MANAGEMENT PROGRAM. Mayor Kirksey declared the public hearing open at 7:19 p.m.. Director Goeckritz stated that the City's Transportation Plan calls for the modification of certain City ordinances to meet the criteria within the plan. The draft Access Management Plan has been reviewed by representatives from numerous state and county agencies and from a couple of consultations who did a courtesy review of the document. The Planning Commission did incorporate some findings into the document and have recommended that the Council approve of the plan. Public Works Manager Rohman gave a short overview of the Transportation Plan objectives which are designed to provide and manage access while protecting the flow of traffic and pedestrian safety and capacity. The Access Management Program is primarily directed toward arterial and collector streets for the purpose of managing access and improving the efficiency on how these streets operate. It was also noted that the proposed Access Management Program ordinance does comply with the Transportation Plan Rule. No one in the audience commented on the proposed Access Management Program. Mayor Kirksey declared the public hearing closed at 7:26 p.m.. 3A Page 3 - Council Meeting Minutes, January 27, 1997 TAPE 0755 0760 1019 1063 COUNCIL MEETING MINLYrF_3 January 27, 1997 FIGLEY/PUGH... approve the Plan as proposed and instruct the staff to come back with an ordinance at the next regular meeting. The motion passed unanimously. COUNCIL BILL 1758 (TABLED AGENDA ITEM) - ORDINANCE INCREASING THE LOCAL GAS TAX. No action was taken by the Council to remove this item from the table. COUNCIL BILL 1770 (TABLED AGENDA ITEM) - RESOLUTION RF~ ESTABLISHING COMPENSATION SCHEDULES FOR HOURLY AND SEASONAL EMPLOYEES. Councilor Figley questioned if action needed to be taken on this bill in order to raise the hourly wage levels for those individuals who are currently getting less than $5.50 per hour as required under the Oregon minimum wage law. Administrator Childs suggested that this issue be removed from the table before discussion is held on this issue. FIGLEY/SIF Z ....Council Bill 1770 be removed from the table. The motion passed unanimously. Councilor Figley stated that it is her intention to obey the new minimum wage law, however, Councilor Jennings had expressed concerns at the previous meeting regarding the adjustments to the established steps within the schedules and she hesitated talcing any fmal action until he has an opportunity to respond on this issue. After a brief discussion, it was decided to re-read the bill and take a final vote. Following the reading of the bill by title only since there were no objections by the Council, roll call vote was taken and the bill passed unanimously. Mayor Kirksey declared Council Bill 1770 duly passed. COUNCIL BILL 1772 - ORDINANCE ASSERTING JURISDICTION OVER THE PUBLIC RIGHTS-OF-WAY WITtHN THE CITY, EXERCISING PUBLIC AUTHORITY OVER SAID RIGHTS-OF-WAY, AND REQUIRING PERMISSION TO USE RIGHTS-OF-WAY. Council Bill 1772 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1772 duly passed with the emergency clause. COUNCIL BILL 1773 - RESOLUTION OF INTENT TO IMPROVE PARR ROAD 100 FEET WEST OF SETTLEMIER TO THE WEST BOUNDARY OF THE 3A SCHOOL DISTRICT PROPERTY, ADOPT THE LOCAL IMPROVEMENT DISTRICT, AND ESTABLISH A PUBLIC HEARING DATE. Councilor Hagenauer introduced Council Bill 1773. Recorder Tennant informed the Council that page 8 of the bill, Section 13, had been revised and a copy of the new page Page 4 - Council Meeting Minutes, January 27, 1997 TAPE READING 1165 1204 COUNCIL MEETING MINUTES January 27, 1997 distributed to the Council prior to the meeting. The bill was read by title only since there were no objections from the Council. Councilor Figley stated that she has already received comments from some of the affected property owners regarding the proposed assessment district and she hoped that these individuals would attend the public hearing. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1773 duly passed. The public hearing on this proposed improvement will be held on March 24, 1997, 7:00 pm, in the City Hall Council Chambers. COUNCIL BILL 1774 - RESOLUTION OF INTENT TO IMPROVE THE ALLEY BETWEEN HARRISON ~I'. AND WEST HAYES ST, ADOPT THE LOCAL IMPROVEMENT DISTRICT, AND ESTABLISH A PUBLIC HEARING DATE. Council Bill 1774 was introduced by Councilor Hagenauer. Recorder Tennant stated that page 8 of the bill, Section 12, had been revised and a copy of the new page was distributed to the Council at the start of this meeting. The bill was read by title only since there were no objections from the Council. On roll call vote for t-real passage, the bill passed unanimously. Mayor Kirksey declared the bill duly passed. The public hearing on thi.q proposed assessment district improvement will he held on March 10, 1997, 7:00 p.m., in the City Hall Council Chambers. LIOUOR LICENSE RENEWAL RECOMMENDATIONS FOR CALENDAR YEAR 3A 1997. Chief Wright recommended that the Council provide a favorable recommendation to OLCC on the renewal of the following 1997 liquor license renewals: Package Stores: AM/PM Mini Mart, Bi-Mart, Crossroads Deli, Gary's Market, Payless, Lind's Plaza Market, OLCC Store//60, Piper's jewelry, Roth's IGA, Salvadore's Bakery I and H, Shop N Kart, 7-11 Store, Westview Texaco, Woodbum Chevron, Young Street Market, and Safeway Store Class "B" Dispensers: Eagle's Lodge and Woodburn Elks Retail Malt Beverages: Abby's Pizza Inn, Sally's Pizza, Members Club Inc., Senior Estates Country Club, Woodburn Lanes, Pizza Hut, La Unica, Corner Sports Pub, Raven Inn, Pizza Cabana, and Denny's Restaurant Class "A" Dispensers: The Pier, Yun Wah's Chinese Restaurant, and Chung Sing Restaurant Chief Wright also recommended that public hearings he held on the 1997 liquor license renewals for Playa de Oro and Chu's Eatery based on the criteria previously established by the Council which would bring these renewals before the Council for a hearing prior to making a final decision on the renewal recommendation to OLCC. Page 5 - Council Meeting Minutes, January 27, 1997 TAPE READING 1244 1260 1333 COUNCIL MEETING MINUTES January 27, 1997 FIGLEY/SIFUENTEZ... recommend to OLCC the 1997 liquor license renewals for the above establishments listed under Package Stores, Class "B' Dispensers, Retail Malt Beverages, and Class "A" Dispensers. In addition, public hearings be held on February 24, 1997 on the liquor license renewals for the establishments Playa de Oro and Chu's Eatery. The motion passed unanimously. ACCEPTANCE OF UTILITY EASEMENT. Staff recommended the acceptance of a utility easement along Warren Way from Zara Roman. The easement will lac used for storm drain installation and existing drainage ditch line. FIGLEYfPUGH .... accept the utility easement as recommended by staff. The motion passed unanimously. CITY ATTORNEY EMPLOYMENT AGREEMENT. Councilor Figley stated that she and Councilors Pugh and Jennings had negotiated a an agreement with City Attorney Shields that would provide for a phase-in of hours worked · over the next few months culminating in a 40-hour per week position beginning June 1, 1997. The agreement has also been reviewed by Special Counsel Bob Engle who represented the Council on this employment issue. In the opinion of the negotiating team, this is a fair agreement to both parties and it will give the City an opportunity to hire a very qualified individual as a Mil-time employee. She encouraged the Council to approve this agreement. COUNCIL NO. 1775 - RESOLUTION AUTHORIZING AN EMPLOYMENT AGREEMENT WITH N. ROBERT SHIELDS AS CITY ATTORNEY AND 3A 1440 REPEALING RESOLUTION NO.. 1371. Councilor Hagenauer introduced Council Bill 1775 which was read in full by City Administrator Childs. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1775 duly passed. The Mayor stated that she was glad to see that the City will be having Attorney Shields back working for the City on a full-time basis. City Attorney Shields stated that, to reiterate what he had informed the Council in writing, he was unable to advise the Council since he has a conflict of interest but he has always been honored to be City Attorney in Woodburn and will continue to do the best that he can in this position. 1458 STAFF REPORT. (A) Future Grant Awards for Transit Programs -- Staff has received notification from the State that the City will receive partial ODOT grant funding for the purchase a paratransit van in 1999, for a new transit bus in 2000, and for a planning project to guide implementation of a second transit route plus feasibility of connecting to service to Page 6 - Council Meeting Minutes, January 27, 1997 TAPE READING 1473 1551 1566 COUNCIL MEETING MINUTES January 27, 1997 the Portland or Salem area. These Public Transit grants are contingent upon the availability of State funds and the needs of the City at the time the funding is available. MAYOR AND COUNCIL REPORTS. Councilor Figley expressed her appreciation to staff for the quarterly financial report which was very informational and would like to see this report forwarded to them on a quarterly basis. Councilors Hagenauer and Sifuentez agreed with the comments made by Councilor Figley. Councilor Pugh stated that he had personally called the Finance Director to expressed his appreciation for the report which will be used as a tool in making furore financial decisions. Mayor Kirksey informed the Council that the annual Audit Report is now available and can be checked out by the Council and/or public for their review. She also expressed her appreciation for the work done by volunteers within our community and, with the decisions forthcoming under Ballot Measure 47, we will be relying more on volunteers to assist the City with various programs. EXECUTIVE SESSION. FIGLEY/PUGH .... adjourn to executive session to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be fried under the authority of ORS 192.660(1)(h). The motion passed unanimously. The meeting adjourned to executive session at 7:50 p.m. and reconvened at 8:11 p.m.. Following the executive session, Mayor Kirksey stated that no action would be taken by the Council. ADJOURNMENT. PUGH/FIGLEY... meeting be adjourned. The meeting adjourned at 8:12 p.m. The motion passed unanimously. 3A APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, January 27, 1997 Executive Session COUNCIL MEETING MINUTES January 27, 1997 3A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 27, 1997. CONVENED. The Council met in executive session at 7:53 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Presem Councilor Jennings Absent 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: Patrick Johnson, Woodbum Independent; Meghan Stone, Northland Cable TV 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 filed. ADJOURNMENT. The executive session adjourned at 8:09 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - Executive Session, Council Meeting Minutes, January 27, 1997 MINUTES WOODBURN PLANNING COMMISSION JANUARY 23, 1997 3B TAPE 0001 O020 0117 0122 0360 ~ The Planning Commission met in regular session at 7:00 p.m. with Vice Chairperson Will presiding. Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Atkinson Absent Will Present Henkes Absent Schultz Present Lawson Present Frawley Present Palmer Present Torres Absent Warzynski Present Staff Present: Steve Goeckritz, Community Development Director Naomi Tejeda, Assistant Planner Commissioner Warzynski noted that the title changes for Chairperson Atkinson and Vice Chairperson Will should be added. Commissioner Shultz con'ected page 9, the fencing location which Commissioner Lawson discussed should be changed to Heritage Park. Commissioner Palmer motioned to accept the amended minutes. Commissioner Schuitz seconded. The motion passed unanimously. COMMUNICATIONS None OF NON- PUBLIC HEARING - CONTINUATION OF INTERPRETATION CONFORMING USE/STRUCTURE AT 276 EAST LINCOLN Staff RePort · Addendum and Exhibits · Correspondence from Mr. Steve Smith and Mr. Chris Child, City Administrator · Procedural process, additional testimony, closing of the public hearing,. findings of fact and conclusions to substantiate planning commission's decision Commissioner's ResDonse · Commissioner Palmer apologized to Mr. Leder, the property could very well Page 1 - Planning Commission Minutes of January 23, 1997 0460 O53O 0671 0860 3B have bccn a duplex in 1976; it was not a duplex in 1967. Commissioner Will declared an exparte contact with Mr. Ken Brown of the Marion County Tax Assessors office regarding the duplex versus single family assessor's record. He also had an unintentional exparte contact with Mr. Earl Doman, at which time he told Mr. Doman that the hearing was continued. Testimony from AD. 01icant Mrs. J. Beck, attomey for applicant · Contractual situation exists between Mr. Doman and the city. · A duplex permit was granted. · Damages have been incurred by the prevention of construction on the duplex due to a loss of asset value. Testimony from O.D.oonent(s) Mr. Steve Smith · Questioned letters given to planning commission. restated the importance of the zoning ordinance. Regarding his letter, he Rebuttal by AD..olicant Mrs. J. Beck · Mr. Ooman was granted a permit as a duplex. · Mr. Doman brought a duplex. · The duplex has bccn in existence for over 20 years. · Mr. Doman should be able to retain what he brought. · Mr. Doman should be reissued the permit that had been previously granted to him for restoration of a duplex. · Restoration will enhance the neighborhood and would be an asset. · The planning commission should allow Mr. Doman to retain the duplex, as this was the asset he purchased. This would be the only fair solution. Questions from Commission Vice Chairperson Will · Requested information from the building inspector, Mr. Bob Arzoian · On May 10, 1991, when Mr. Arzoian visited the site, was he accompanied by Code Enforcement Office Culver?. Mr. Arzoian stated yes. · The code enforcement officer's report included a diagram of the lower floor. Did Mr. Arzoian inspect the upper floor? Mr. Arzoian did not go upstairs. · Was that a full two story house or a story and a half? Mr. Ar-zoian stated that there were two stories in the front and two stories in the back · Requested clarification on square footage and the layout of the house? Mr. Arzoian did not go through the entire house and could not respond to the layout of the structure. · In Officer Culver's report he indicates them are three bedrooms downstairs, this is in conflict with the realtor's report, which indicates two bedrooms. Does Mr. Arzoian recall three bedrooms downstairs? Page 2 - Planning Commission Minutes of January 23, 1997 ' , 3B 1017 Mr.' Arzoian does not know how many bedrooms were downstairs. Commissioner Frawley · There is a photograph included in the realtor's material, there appears to be a full bottom floor. The realtor's material states 560 sq. ft. upstairs, however, the photograph appears to show just a half floor that does not extend to the end of the house? Did Mr. Arzoian observe the upper story? Mr. ,Nzoian stated he was only in the lower front portion of the house. Vice Chairperson Will declared the public hearing closed. Commissioner Palmer · Asked staff for an interpretation regarding imminent domain. Is there any law that states if a non-conforming duplex is a duplex for a certain length of time it becomes legal? Staff stated the city attorney's interpretation is that a zoning violation exists until it is corrected. The city attorney would have liked for the city to have had concrete evidence as to the date this property became a violation. The only proof the city has is the testimony stating that this site was a duplex in i978, although there has been conflicting testimony on this matter. There is no statue of limitations on zoning violations and this site is still in violation. Commissioner Frawley had the following observations: · The tax assessor's office listed this property as a single family residence. The applicant continued to pay taxes for a single family residence and never questioned the assessor's office regarding the fact that the tax rolls did not indicate this was a duplex. · There are three different lengths on the footprint of the house, which is correct? · Realtor's material states different square footage in the description of the property and floor plan. · Attachment 5, page 2 does not show a kitchen on the main floor. · Exhibit 2 states that this was a single family house from 1963 and 1972, stairs were placed on the outside during this pedod. · Commissioner Frawley commented that it may have been at this time that the violation occurred by adding a kitchen and a bath. Commissioner Schultz · Asked staff if there was a notice that is listed on a condemned building? Staff stated the house was never condemned, if a house is condemned, there is a hearing procedure, i.e., a public hearing before the council, etc. · Clarification of this issue is relevant, as testimony had been presented indicating this house had been condemned. Commissioner Lawson stated that he could not .vote as he would have liked to vote. · This should be a win, win, win situation. · The property rights of the individual are guaranteed by the fiffi'~ amendment. · A public hearing provides a right for all individuals to be heard. Page 3 - Planning Commission Minutes of January 23, 1997 2O73 2182 Relevant issues must be addressed by the planning commission. It should be noted that there are no official credible documents upon which to base this decision. The county assessor's statement does not qualify, it only proves the assessor was not inside the building during the past twenty years. The property owner's argument is compelling and that is where Commissioner Lawson's sympathy lies. It was brought as a duplex, used as a duplex, received a permit as a duplex and testimony did indicate that it has been a duplex for the past twenty years Staff and the building inspector would not have the time or funds to inspect each and every structure, this is not required nor is it practical to do this for routine building permits. This site would have had to have been used as a duplex in 1957 when the planning ordinance was passed. There has been no testimony stating this was a duplex in 1957. Them was testimony that this was a single family residence at some time during the past forty years. The property owner's grandfathered rights must be forfeited as there is no proof that this site was a duplex in 1957. Commissioner Palmer · It is the buyer's responsibility to research and know what they are buying, if it is an illegal use, that fact should be known at the time of purchase. Therefore, this was Mr. Doman's responsibility. Commissioner Warzynski · Asked staff if someone could move additional family into a home thereby making it a duplex in a residential area? Staff stated the building code identifies what constitutes a duplex, and these requirements must be followed. Duplexes are only allowed on corner lots in single family residential zones. Vice Chairperson Will · His decision will be based on the letter from Mr. Higginbotham and Exhibit 1 which indicates from 1967 to 1969 this was a single family home. · The tax assessor's office indicated that a single family home would be changed to a duplex through either a building permit or an appraisal on a six year cycle. · There are inconsistent descriptions provided by the same realty company. The bottom of the form states that this is a legally binding contract and if not understood seek competent advice. · Individuals should not be allowed, over time, to convert single family residences into duplexes; this will deteriorate the single family neigh, borhoods if it is allowed. Commissioner Palmer motioned to find that the house is a non-conforming use as a duplex and disallow the permit for a duplex. Commissioner Frawley seconded the motion. 3B Page 4 - Planning Commission Minutes of January 23, 1997 3B 2365 A r011 call'vote was taken. The motion passed unanimously. The commission requested that staff come back with the findings of fact for the next meeting. DISCUSSION ITEMS Commissioner Palmer requested he be excused at this time. Staff discussed the survey and requested the commission's input in regards to periodic review, policy proposals, goals, objectives, etc. Commissioner Lawson · Determine if the amount of growth the survey indicated could be met within the urban growth boundary. If that cannot be accomplished, as the survey indicated a conflict in regards to growth versus the urban growth boundary, then it would appear another survey would be required to resolve this issue. ·The commission should not be required to make this interpretation. Staff stated this was a good idea, and perhaps the question could have been worded in a more concise form. Staffwould be willing to see if grant funds could be secured in the future to resolve this issue. Commissioner Warzynski · Would like to include ages on future surveys, i.e., 20-30, 30-40, 40-50, 50-60, etc. Older citizens are not very interested in growth this would provide a clarification on the data regarding this matter. Staff stated that surveys should be specific in getting pertinent information. Commissioner Schultz · Agrees with Commissioner Lawson regarding growth results, the response is confusing. A refined survey might clarify the feelings of the community. Vice Chairperson Will · The response received may indicate that citizens do not want anymore growth until the traffic problems are solved. Commissioner Frawley · Agreed with Vice Chairperson Will regarding the traffic problems and future growth. Staff stated that we need growth to pay for traffic improvements. Growth provides for needed infrastructure i.e., the interchange and past improvements that businesses in that area have provided. Commissioner Frawley · Questioned the status of the I-5 interchange Staff explained the three different alternatives. ODOT requires more refined studies on the interchange. Page 5 - Planning Commission Minutes of January 23, 1997 3B Vice-Chairperson Will · Questioned TIF credits, were any given? Staff stated no credits were given on TIF's. TIF's are required by ordinance, off-site development is also required in addition to TIF's. · 1990 ODOT was looking at widening 214 at Amey Road over to Parr, what happened to this proposal? Staff stated the state did not have the funds for that project. · Questioned 99E widening and why that was not completed along the entire 99E section going through Woodburn? Staff stated that the property owners along that section opposed this improvement. The state decided the opposition was not worth the fight and spent the $3.5 million somewhere else. Commissioner Warzynski · How does the city's SDC compare with other cities? Staff stated that for a $150,000 home total building costs for permits, etc. is approximately $7,500 to $8,000. A survey done by the building department indicates that the city is in line with the other cities. Salem is less expensive, however, the taxpayers pay additional taxes through the general fund, which supports these fees. Commissioner Lawson · Stated that the average existing home subsidizes approximately $11,000 of new development for schools. Staff stated that Commissioner Lawson and he had discussed this issue in the past. Commissioner Lawson will be talking to state legislators in regard to this issue. Vice Chairperson Will · When will staff be able to get the consultant for the WDA project? Staff stated that proposals were mailed out to approximately ten consultant's for bid. · This will be useful in response to the survey results. Commissioner Frawley · Agreed with Vice Chairperson Will, that indicated a negative attitude with this area. this is important, as the survey Commissioner Lawson · Perhaps this is another issue that requires clarification on an additional survey, if one is done. · This is not a new issue, perhaps the citizens are simply not interested in spending money in this area. Staff stated that they hope to have positive news regarding the new plan that will be proposed. There are funds available to assist with improvements in this area. The improvements will be done incrementally, over the years the rehabilitation will bring interest back into this area. Commissioner Warzynski · Verified that the parking lot behind the square is owned by the property Page 6 - Planning Commission Minutes of January 23, 1997 owners? Staff stated that an assessment district was formed and is owned by the property owrlers. ViceChairperson Will · When will the Salud situation be finalized? Staff stated that was the city council's responsibility and he did not know the status of this matter. · Firm proposal for funding the WDA plans presented Staff stated a realistic approach would be required both in funding and commitment by both the city and the WDA. Staff furnished average comparative building permit costs for the commission. Commissioner Frawley · Could someone from the city put a sign up by Lawson Street to help with congestion? Staff will look into this. Vice Chairperson Will · How can the govemment charge money for a tax appeal on homes? The city is not responsible for setting tax charges and could not respond to this issue. A motion to adjourn was made and seconded. The meeting was adjourned. 3B Page 7 - Planning Commission Minutes of January 23, 1997 3C MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD ~: January 22, 1997 B_~: Willy Baldwin - Present Gloria Predeek - Present Phyllis Bauer - Present Jean Weatherill - Present Dorothy Jaeger - Present ~TAFF PRESENT: CALL TO ORDER: SECRETARY'S Linda Sprauer, Director Judy Coreson, Recording Secretary Nancy Kirksey, Mayor President Gloria Predeek called the meeting to order at 12 Noon. The monthly Board minutes of December 18, 1996 were approved as submitted. REP_O__~_~ Monthly Statistics: The monthly statistics were self-explanatory. The CCRLS semi-annual management report for Woodbum Library shows circulation for the first six months of this year up 9.7% over the same period last year.. The count of people visiting the library for the month of December 1996 was 10,557. Activities: The last of the "Let's Talk About It" programs, "The Legacy of Conquest", is scheduled for Wednesday, January 29 at 7 P.M. in the City Hall Council Chambers. All of the programs in this series have been well attended. The books used for the programs are being sold by Friends of the Library at the Reference Desk for $6 per book. The library will be closed Saturday, Sunday and Monday, February 15,16 & 17, for the President's Day Holiday. A series of four Chautauqua programs, funded by the Oregon Council for the Humanities, is scheduled at the Library. The programs are: "Hands ,All Around'; February 18, 7 P.M., Multi-Purpose Room; "One Woman, One Vote'; March 18, 7 P.M., Bungalow Theater; "Steam Whistle Logging", April 9, 7 P.M., Bungalow Theater; "Oregon Trails, Oregon Tales", 7 P.M., Multi-Purpose Room Staff News: As of January 23, Mary Parra is replacing Joyce Maitby as the Children's Librarian. OLD BUSINESS: Library Park Improvements: The underground sprinkler system will be installed weather permitting. Reader Board: Linda gave the proposal for the reader board sign to the Planning Department. Steve Goeckritz, Planning Director, decided that it should be a monument type sign which is more aesthetically pleasing and conforms with other business signs in the downtown area. The sign will be mounted Iow and have glass doors. The cost of this sign is $3300 from the Salem Sign Co. The reader board will be funded by the ICawanas donation, the Library Endowment fund, and partly by the Burlingham Trust Grant for the sprinkler system. NEW BUSINESS: Plaque Dedication: The Mayor attended the meeting to invite the Library Board to the dedication of the plaque on the rose garden in Library Park Monday, January 27 at 6 P..M. The plaque is dedicated to all of the volunteers of Woodbum, who add so much to the quality of life in so many ways. For example, Sean Longergan constructed the raised rose garden for an Eagle Scout project; the sprinkler system will be installed by volunteers; and the stage wall will be repainted with anti-graffiti paint also by volunteers. The Mayor provided and decorated a Christmas tree for the atrium and plans to make this a yearly project. Ballot Measure #-47 Update: The City Council had a workshop with the Library and Park & Recreation Boards on Tuesday, January 21. The best informatiOn to date indicates that twenty per cent of the City's budget needs to be reduced. No specific reductions for the library have been assigned as yet. Linda has been asked by Chris Childs to make a budget for library services to assist Chris in his budgeting process. A special Library Board meeting will be called before this information is given to Chris Childs. OLA/WLA Library Conference - Apdl 23-26: Linda needs to be notified if any of the Board members plan to. attend this conference by next month's meeting. Advanced registration is due March 1. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None 3C Library Board Minutes - 1/22/97 2 3C ADJOURNMENT: The meeting was adjourned at I P.M. Respectfully Submitted, Judy Coreson Recording Secretary Library Board Minutes - 1/22/97 3 4D February 1997- "Prevent a Litter Month" February 25, 1997- "Spay Day USA" WtlEREAS, dogs and cats give companionship to and share the homes of over 50,000,000 individuals in the United States; and WHEREAS, two unaltered cats and their kittens can produce 420,000 more kittens in seven years and two unaltered dogs and their puppies can produce 67,000 more dogs in six years; and WHEREAS, humane societies and shelters euthanize 10 to 12 million dogs and cats each year, although many of them are healthy and adoptable, simply because there are not enough good homes; WtlEREAS, the problem of pet overpopulation costs the taxpayers of this country millions of dollars annually through animal control programs trying to cope with the millions of unwanted pets; and WHEREAS, spaying and neutering dogs and cats has been shown to drastically reduce cat and dog overpopulation, and WHEREAS, veterinarians, humane societies, national and local animal protection organizations worded together to ensure the spaying and neutering of Sl,O00 companion animals through 'Spay Day USA' in 1996. WHEREAS, veterinarians, humane societies, national and local animalprotection organizations have joined together again to advocate the spaying and neutering of companion animals during 'Prevent A Litter Month' and on 'Spay Day USA 1997. ' NOW, THEREFORE, L Nancy A. Kirksey, Mayor of the City of Woodburn do hereby proclaim FEBRUARY 1997 PREVENT A IJTTER MONTH" and TUESDAY, FEBRUARY 25, 1997 nSPAY DAY USA" in the City of Woodbum and I call upon the people of Woodbum to observe the day by having their own dogs or cats spayed or neutered or by sponsoring the spaying or neutering of another's dog or cat. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the ~ty of Woodbum to be ~ this 5th day of February, 1997. Nancy A. ICirksey, Mayor Qty of Woodbum TO: MEMO Mayor and City Council FROM: Chris Childs, City Administrator Access Manaaement Ordinance SUBJ.: DATE: February 6, 1997 10A RECOMMENDATION: Approve accompanying Council Bill (ordinance) managing and controlling access to streets and highways. I~ACKGROUND: Following a public hearing at its previous meeting, the City Council directed that staff prepare a suitable form of ordinance for final approval at this time. · 10A COUNCIL BILL NO. I ORDINANCE NO. AN ORDINANCE MANAGING AND CONTROLLING ACCESS TO CITY STREETS AND STATE HIGHWAYS AND DECLARING AN EMERGENCY. WHEREAS, Statewide Planning Goal 12, Transportation, requires that each oregOn community prepare a transportation plan to address existing and future access and circulation needs of the community, and WHEREAS, the City Council amended Woodburn's Comprehensive Plan to incorporate the Woodbum Transportation System Plan and repealed the transportation element of the existing Woodbum Comprehensive Plan; and WHEREAS, Woodbum's Transportation System Plan requires that the city adopt an ordinance that controls access to city streets and state highways; and WHERE/tS, the Planning Commission conducted a public hearing on November 14, 1996 on the Access Management Plan and recommended City Council approval; and WHEREAS, the City Council conducted a public hearing on January 27, 1997; and WHEREAS, the City Council finds the Access Management Plan complies with the city's Transporation System Plan Goal 2, Policy 3; Goal 3, Policy I; and Policies and Guidelines 4, 4 (a), 4 (b), 4 (c), NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: A:\ORDIN~TRANSYS.ORD IOA ACCESS MANAGEMENT ORDINANCE CITY OF WOOOBURN Section 1. Intent and Purpose The primary objective of this ordinance is to prov',:le and manage access, to developed and undeveloped land, while pmsewing the flow of traffic in terms of safety and capacity. Major roadways, including state highways and other arterials, serve as the primary network for moving people and goods. These ~ corridom also ixovide access to businesses and homes and have sewed as the focus for traffic movement to commercial and residential development. If access systems am not pmpedy designed, these roadways will be unable to accommodate the access needs of development and retain their primary transportation function. This ordinance balances the right of reasonable access to private property, with the dght of the citizens of the City of Woodbum and visitors to safe and efficient travel. The secondary objective is to control access to service collectors and residential streets to ensure safe passage to vehicles and pedesfl~ans alike. To achieve this policy intent, state and local roadways have been categorized by function and classified for access purposes based upon their level of importance, with highest priority on the Oregon Highway System and secondary priority on the primary network of arterials, followed by collectors and residential s~-eets. Regulations have been applied to these roadways for the purpose of reducing traffic accidents, personal injury, and property damage attributable to poorly designed access systems, and to thereby improve the safety and maximize the efficiency of operation of the roadway network. This will protect the substantial public investment in the existing transportation system and reduce the need for expensive remedial measures. These regulations also further the orderly layout and use of land, protect community character, and conserve natural resources by promoting Well-designed mad and access systems. Section 2. Applicability This ordinance shall apply to all arterials, service collectors and selected access streets within the City of Woodbum Urban Growth Boundary, as identified in Table 1, and other such roadways as subsequently defined, and to all properties that abut these roadways. The access classification system and standards of the Oregon Department of Transportation shall apply to all roadways on the state highway system. Adcrrtionally, Marion County ddveway permits am required for any access connections to any roadway within a Marion County right-of-way. Section 3. Conformance with Plans, Regulations, and Statutes This ordinance is adqpted to implement the goals and policies of the Woodbum Transportation System Plan (see Goal 2, Pob:ies I and 3; Goal 3, Policy 1; and Goal 5, Policy 4), and Transportation Goals 1, 2,. and 3 as set forth in the Woodbum Comprehensive Plan. In add'ffion, this ordinance conforms with the Oregon Transpoda~xl Planning Rule (TPR), OAR660 Division 12 and the planning policies of the Oregon Department of Transportation set forth in the Oregon Highway Plan (OHP). The ordinance also conforms with the access classification system and standards of the Oregon Department of Transportation, the Access Management Policy Guidelines of the 1991 Oregon Highway Plan, and policy and planning directives of the federal Intermodal Surface Transportation Efficiency Act of 1991. It specifically addresses OAR 660-12-045 (c)(2)(a), which directs local Woodbum Access Management Ordinance - Page 2 IOA governments to adopt land use or subdivision regulations to protect transportation facilities for their identified use and provide access control measures ¢x)nsisteat ~ the functional classification of madways. Section 4. Definitions Access - Any driveway, street, turnout or other means of pmvkYa~ for the movement of vehicles and pedestrians to or from the put)r,= roadway system. Access Classification - A ranking system for roadways used to determine the appropriate degree of access management. Factors considered include functional classification, the appropriate local government's adopted plan for the roadway, subdivision of abutting properties, and existing level of access control. Access Management- The process of providing and managing access to developed and. undeveloped land uses while presenting the flow of traffic in terms of safety and capacity. Access Management Plan (~ - A plan illustrating the design of access for lots on a highway segment or an interchange ama that is developed jointly by the state and/or affected city. Approach Road Permit- A pem~ issued by the Distr~ Manager, ODOT District 3, (pursuant to OAR 734-50) for an access connection to a state highway. Connection - VVhere one street intersects another street. Connection Spacing - The distance between connections, measured from the closest edge of pavement or curb cut of the first connection to the closest edge of pavement of the second connection along the edge of the traveled way. Controlled Access Roadway - A roadway as identified or referenced within this document which access is controlled by the conditions contained herein. Comer Clearance - The distance from. an intersection of a public or private road to the nearest access connection, measured from the closest edge of the pavement of the intersecting road to the closest edge of the pavement of the connection along the traveled way (see Figure 1). Figure 1: Comer Clearance and connection Spacing Corridor Overlay Zone - Special conditions added to current developing and existing land use requirements along designated portions of the state highway. Woodbum Access Management Ordinance- Page 3 ' OA' Cross Access - A service drive providing vehicular access between two or more contiguous sites so the driver need not enter the public street system (see Figure 6). Cross Access Corridor- An ama designated to use a service drive between two or more contiguous sites in order to eliminate unnecessa[y access to an adjacent roadway. Deed - A legal document conveying ownership of real property. Directional Median Opening - An opening in a restrictive median which provides for specific movements and physically restricts other movements. Directional median openings for two opposing left or 'U-tum" movements along a mad segment are considered one directional median opening. Double-Frontage Lot- Same as a through IoL A lot having frontage on two parallel or approximately parallel streets. Comer lots are typically not double frontage lets. Easement - A grant of one or more property rights by a property owner to or for use by the public or another Person or entity. Frontage Road - A public or private drive which generally parallels a public street between the right-of-way and the front buading setback line. The frontage road provides access to private properties while separating them from the arterial street (see also Service Road). Full Median Opening - An opening in a restric~e median that allows all turning movements from the roadway and the intersecting mad or access connection. Functional Area (intersection) - That area beyond the physical intersection of two controlled access fac~T~ies that comprises decision and maneuver distance, plus any required vehicle storage length, and is protected through comer clearance standards and driveway connection spacing standards (see Figure 2 below). Functional Classification - A system used to group public roadways into classes according to their purpose in moving vehicles, providing access, and includes design and operational standards. Joint Access (or Shared Access) - A cldveway connecting two or mom contiguous sites to the public street system. Figure 2: Functional Area of Intersection Lot -^ parcel or tract of land o~ or to be occupied, I~ a building or unit group of buildings, and its accessory bugding, together with such yards or open space and having a frontage upon a Street, alley or private drive. Woodbum Access Management Ordinance - Page 4 10A Lot, Comer - A lot or portion thereof situated at the intersection of two or more streets. Lot Depth - The horizontal distance between the front lot line and rear lot line measured at a point halfway between the side lot lines. Lot, Flag - A lot having a nan-ow street frontage with a larger developable portion of land set back from the street frontage. Lot, Nonconforming - A lot that does not meet the ama or v~lth requirements of the district in which it is located. Lot, Through or Double Frontage - A lot having frontage on two parallel or approximately parallel Lot Frontage - That portion of a lot extending along a street right-of-way line. Lot of Record - A lot which is part of a su~ or a lot or parcel described by metes and bounds, which has been recorded in the office of the County Recorder. Lot IN'~lth - The horizontal distance between side lot lines measured at right angles to the lot depth at a point midway between the front and mar lot lines. Major Traffic Generator- A land use such as a shopping center which generates 3,000 trips a day or greater. Figure 3: Types of Lots Manual of Uniform Traffic Control Devices (MUTCD) - A Federal document that provides standards for traffic control devices as modified and adopted by the Oregon Transportation Commission. Woodbum Access Management Ordinance - Page 5 ' Nonconforming Access Features - Features of the access system of a property that existed prior to the date of ordinance adoption and do not conform with the requirements of this Ordinance or the Access Management Policy of the 1991 Oregon Highway Plan. Nonrestrictive Median - A median or painted centedine that does not provide a physical barrier between traffic traveling in opposite directions or tuming left, including continuous center turn lanes and undivided roads. Outparcel - A parcel of land abutting and external to the larger, main parcel, which is under separate ownership and has roadway frontage. Parcel - Means a single unit of land that is created by a partitioning of land. Peak Hour Trips - That number of trips into or out of a facility access during the peak hour of adjacent street trail.K:. Plat - An exact and detailed map of the subdivision of land. Private Read - Any mad or roadway for vehicular travel which is privately owned and maintained and which provides the principal means of access to abutting properties. Public Road - A road under the jurisdiction of a public body that provides the principal means of access to an abutting property. Reasonable Access: The minimum number of access connections, direct or indirect, necessary to provide safe access to and from the roadway, as consistent with the purpose and intent of this Ordinance and any applicable plans and policies of the City of Woodbum and the access management policy of the 1991 Highway Plan. Restrictive Median - A physical barrier in the roadway that separates tmff'= traveling in opposite directions, such as a concrete barrier or landscaped island. Right-of-Way - Land reserved, used, or to be used for a highway, street, alley, walkway, drainage facility, or other public purpose. Service Road - A public or private street or road, auxiliary to and normally located parallel to a controlled access roadway, that maintains local road continuity and provides access to parcels adjacent to the controlled access facility. Significant Change in Trip Generation - A change in the use or user of the property, including land, stmdums or facilities, or an expansion of the size of the structures or faalities causing an increase in the trip generation of the property exceeding 25 peak hour trips during the peak hour of the adjacent street traffic. Peak Hour Trips may occur in the a.m. or p.m. and includes both in and out movements. State Highway System (SI-IS) - The network of limited access and controlled access highways that have been functionally classified and are under the jurisdiction of the State of Oregon. Stub-out (Stub-street) - A portion of a street or cross access drive used as an extension to an abutting property that may be developed in the future. Woodbum Access Management Ordinance - Page 6 Subdivision - The pm(ess of dividing an area or tract of land into four (4) or more lots within a calendar year when such area or tract of land exists as a single unit or contiguous units of land under a single ownership at the beginning of such year. Temporary Access - Provision of direct access to the controlled access roadway until that time when adjacent properties develop, in accordance with a joint access agreement or frontage road plan. Section 5. Access Management Classification System and Standards The following access classifications have been assigned to roadways in Woodbum. They include both State Highways and local streets. Each roadway classificafio~ is defined below in Table 1. Table 2 shows the functional class'dicafion plan for each of the roadways within the Woodbum Urban Gmwlh Boundary. Table 3 assigns access standards to each type of roadway. Figure 4 provides an illustration of these standards. It will be the poacy of lhe city to aggressively work with developers of new property to ensure that Us system is not degraded and conflicts between transporlafio~ modes are prevented. Local streets will be developed to provide connectivity to higher classifications. It will be city policy to maintain the integrity of the network of arterials and collectors identified in the plan and to coordinate the connection of local streets to this netwo~ consistent with the adopted transportation plan. Reconstruction or capacity enhancements of existing roadways will be developed to promote all transportation modes and access will be mod'died where feasible to enhance connectivity and the policies outlined above. Co All connections on roadways that have been assigned an access class'dicafion shall meet or exceed the minimum connection spacing requirements of that access classification, as specified in Table 3. (Note: These connection standards are consistent with those of the Oregon Department of Transportation, Access Management Policy Appendix B of the 1991 Oregon Highway Plan) 1) Driveway spacing shall be measured from the closest edge of the pavement or curb cut of the first connection to the closest edge of the pavement of the second connection along the edge of the traveled way. (Figure 1). The projected future edge of the pavement of the intersecting road shall be used in measuring comer clearance, where widening, mlocatio~ or other improvement is indicated in the Woodbum Transportation System Plan and subsequent Capital Improvement Plans as adopted. Ail access decisions pertaining to the state highways within the City of Woodbum are the sole responsib~T~y of the District Manager, ODOT District 3, or designee. The City of Woodbum has no authority to grant access, temporary or permanent, to a state highway. Eo Temporary Access Permit: The Community Development Director, in coordination with the Public Works Director, may issue a temporary access permit to provide direct access to a city controlled access roadway until that time when adjacent properties develop. Fo The Community .Development Director may reduce the connection spacing requirements in situations where they prove impractical, but in no case shall the permitted spacing be less than 80% of the applicable standard, except as provided in Sections 22 or 23. IOA Woodbum Access Management Ordinance - Page 7 ' ' IOA Table 1: * Major Arterial (Class 1) Minor A~tedal OOL~ FCTORS * Service Collector (Class 3) * Access Street (Class 4) Definition of Roadways - City of Woodbum Streets which provide for traffic flows between land uses. Streets and highways v.,hich provide service to traffic entering and leaving the area and traffic to major activity centers in Woodbum. Streets ~hich feed the major system and support moderate length trips and service to activity centers. Streets which link local streets with the arterial system. Streets which provide signit'mant linkages with arterials and tend to accommodate a higher volume of traffic. Streets which provide pdmay single family residential local street access and tend to accommodate lower volumes of traffic. Go Jo Where the existing configuration of properties and driveways in the vicinity of the subject site precludes spacing of a curbeut access in accordance with the Access Management Classification System and Standards (Table 3), the Community Development Director shall be authorized to waive the spacing requirements if he finds that all of the following conditions have been met: 1) Joint Use Ddveways: Wherever feasible, the Community Development Director shall require .the establishment of a joint-use driveway serving two abutting building sites, with cross-access easements provided in accordance with Subsection G. 2) Unified Access and Circulation: Where feasible, the building site shall incorporate unified access and circulation in accordance with the requirements of Subsection G. 3) Cudx~ Closings: The ixope~ owner shall, enter into an agreement with the City, recorded in the records of Marion County and applying to any successom and assigns, indicating that any pre-existing curt)cuts that are non-conforming on the building site shall be closed and eliminated at his own expense after the construction of both sides of the joint-use driveway, in accordance with the requirements of Subsection G. In the event that the Community Development Director decides to waive lite spacing requirements of the Access Management Classification system and Standards in Table 3 in accordance with Subsection F. A statement shall be recorded in the public record that such has taken place and that all of the conditions in Subsection F have been met. Standards for landscaping of street fight-of-way (ROW) and parking areas are subject to Chapter 11 of the Woodbum Zoning Code. Variation from these standards shall be permitted at the ~ of the Planning Commission where the effect would beto enhance the safety or operation of the roadway. Examples might include a pair of one-way d~veWays in lieu of a two-way driveway, or alignment of median openings with existing Woodbum Access Management Ordinance - Page 8 - IOA access connections. Applicants may be required to submit a study prepared by a registered traffic engineer to assist lhe City of Woodbum in determining whethe~ the proposed change would exceed roadway safety Or operational benefits of the prescribed standard. K. Interchange Access Management Policy 1) OOO1' and the City of Woodbum recognize lite ~ of protecting the immediate areas surrounding interchanges. Protecting the function and integrity of the system around interchanges or interchange areas is ~ to presewing the function and integnty of the mst of the tmnspmtafion system. ODOT has developed a draft Interchange Access Management Policy regarding access spacing and operating standards for interchanges and Interchange areas. ODOT and the City ofWoodbum ~ enforce these policies and any subsequent revisions, and shall jointly resolve access Issues which do not meet the minimum standards of the policy. Table 2: Classification of Roadways in Woodbum MAJOR ARTERIAL - Class 1 Highway 219/214 Highway 99E Highway 211 MINOR ARTERIAL - Class 2 South Arterial (Futura) Boones Feny Road/Settlemier Ave. Front Street Hardcastle Ave. Young SL (Highway 99E to Front SL) Garfield Street (Front St. to Settlemier Ave.) SERVICE COLLECTOR - Class 3 Parr Road Uncoln Street (east city Emits to Settlemier Ave.) Evergreen Road West Hayes Street (Settlemier Ave. to Evergreen Rd.) Amey Rd. Progress Wayl Industrial Ave. Park Ave. (Uncoln SL to Highway 214) Gatch Ave. (Cleveland St. to Uncoln St.) Cleveland SL (Highway 99E to Front SL) Woodland Ave. (Amey Rd. to Highway 219) ACCESS STREET - Class 4 Woodland Ave. (Amey mad to Willow Ave.) Cascade Drive (Highway 214 to West Hayes SL) Astor Way (Country Club Rd. to Highway 214) Hazelnut Drive Brown SL (Cleveland SL to south arterial) COuntry Club Rd. (Astor to Boones Feny) Cooley Road (and futura extensions) Woodbum Access Management Ordinance - Page 9 Table 3: Access Classification System & Standards*** Functional Access Driveway * Restrictive Signal Class Class Spacing (FO Median Opening Spacing Directional Full Major Arterial I 300 1320 2640 2640 Minor Arterial 2 245'* 1320 2640 2640 Service Collector 3 50 264011320 Access Street 4 10 1320 * A 'R~e" median physically prevents vehicle crossing. A'Non-Resfliciive" me¢~n allows tums across any point. ** Excludes currently developed residential standards. *** Table does not apply to interchange areas or corridor overlay zones. .Figure 4 - Local Street Spacing and Access Management Standards LOCAL STREET SPACING AND ACCESS MANAGEMENT Po~kcho~ to co~mtrol left turn Londsco~ ~dh~n to control left turn movements :Block 1320' O;rectio~ol kledion SOoc~ng 2640' Furl Me<r~m Spoci~ Woodbum Access Management Ordinance - Page 10 Section 6. Corner Clearance Comer clearance for connections shall meet or exceed the minimum connection spacing requirements for that roadway. B. New connections shall not be pem~ed within the functional area of an intersection or Interchange as defined by the connection spacing standards of this ordinance, unless: 1) No other reasonable access to the property is available, and 2) The Public Wodcs Director determines that the connection does no( create a safety or · operational problem upon review of a site specif, c study of the proposed connection prepared C. Where no other alternatives exist, the Public Works Director may allow construction of an access connection along Itte property line f;athest from lite intersection. In such cases, directional restrictive connections (i.e. ~ght In/out. right in only. or right out only) may be required. Section 7. Joint and Cross Access Adjacent commercial or office properties class'~ed as major traffic gonemtors (i.e. shopping plazas, office parks), shall provide a cross access ddve and pedestrian access to allow circulation between sites. The Community Development Director shall be authorized to designate cross-access corridors on propedies adjacent to roadways. Such designation may be made in connection with the approval of any subdivision or site plan within the affected area. or as part of an overall planning program. Figure 5: Driveway Location IOA Woodbum Access Management Ordinance - Page 11 '10A' Design of Cross-Access Corridors: Cross Access corridors shall be designed to provide unified access and circulation among parcels on each block of the roadway, in order to assist in local traffic movement (see Figure 6). In such cases, the Access Management Standards in Section 5. Table 3 above shall continue to apply, but any access to a properly shall be designed for joint prope~y use. Each conidor should be designed to include the following elements: 1) ^ continum~ service drive or cross access co~lor extending the entire length of each block sewed, or at least 10~30 feet linear frontnge along the road~ray, and having a design speed of 10 mph. Final design of the facility shall be as approved b/the Pubr~Works Director. 2) A design speed of 10 mph and sufficient width to accommodate two-v,'ay travel aisles designed to accommodate automobiles, sewice vehicles, and loading vehicles; 3) Stub-outs and other design features to make it visually obvious that the abutting properties may be fled in to provide cross-access via a sentice mad. Unkage to other cross-access conidors in the area including the use of a unified access and 4) circulation system plan that includes coordinated or shared parking areas v~terever feasible '(see Figure 6). D. Where a prope~y owner is requesting a padJtion or subdivision of land and a joint/cross access is required under this Ordinance, the configuration of new parcels 'shall be designed to minimize the number of access connections to the adjacent roadway, and incorporate the design standards for cross access corridors Section 7 (C). E. Coordinated I Joint Parking Design designated In accordance with this section, the business Wherever a cross-access conidor has been provide for mutually coordinated or joint sites within the affected area shall be so designed as to parking, access and circulation systems, and shall include stub-outs and other design features as necessary to make it visually obvious that the abutting properties may be fled in to create a unified system. 1) Development Prior to Abutting Use: In the event that the building site is developed prior to development of an abutting property, it shall be designed to ensure that its parking, access and circulation may be easily fled in to create a unified system at a later date. 2) Existing Abutting Uses: In the event that the building site abuts an existing developed property, it shall be so designed as to tie into the abutting paddng, access, and circulation to create a unified system unless the Community Development Director finds that this would be impractical, 3) One-Way D~veways: The Public Works Director shall be authorized to allow a pair of one-way driveways in lieu of a two-way ddveway otheflvise perm~ed by this Pa_r[. where traffic flow will be improved as a resulL 4) Closing of Existing Curbcuts: Wherever a d~iveway or curbcut is permitted in accordance with the requirements of the Access Management Classification System and Standards. access rights along the remaining roadway frontage may be dedicated to the City. or State of oregon in the case of state Highways. All other nonconforming, pre-existing driveways and curbcuts shall be closed and eliminated. In the case of a joint-use driveway, the property owner shall enter into an agreement with the City. recorded In the records of Marion County and. applying to any successors and assigns indicating that any pre-existing curbcuts on the building site shall be closed and eliminated after the construction of both sides of the joint-use dri,veway. W°odbum Access Management Ordinance- Page 12 Fo Tie-Ins l) 3) to Abutting Property Phased Development Under Same Ownership: Where the abutting pmpedies are in the same ownemhip, no subdivision plat or site plan shall be apploved unless all buikling sites within the affected ama are made subject to the necessary easements, agreements and stipulations required bythis Pat, ~vhich shall be recorded as a binding lot agreement prior to the.issuance of any Building Permits. 'Leasir~g Situaaens: Where Individual building site(s) ~eithin an overall development site are leased rather than mined fee-simple, the development site shall be subject to all requirements of this Pad. The owner of the development see and the lessee of lhe building site shall be joinlly and individually responsible for compliance ~th these requirements. Failure to comply shall be censidered a violation of this Chapter subject to enforcement in accordance ~ Chapter 5 of the Woodbum Zoning Ordinance. Where Unified Access and Circulation is not Practical: The Community Development Director in coonJinafien ~ the Public Works Director shall be aultmrized to modify the requirements of this part where he 6nds that abutl~ng Ixopedies have been so developed that it is clearly impractical to create a unified access and circulation system within pat or all of the affected area. Figure 6: Examples of Cross Access Corridor Design G. Shared paddng areas may be allowed to reduce the required parking spaces if peak demand periods for Proposed land uses do not occur at the same time pe~xls. Woodbum Access Management Ordinance - Page 13 Whenever a cross-access conidor is designated by the Community Development Director, no subdivision plat, site plan or other development shall be approved unless the property owners shall: 1) Grant an easement for successors and assigns, running with the land, allowing general cross-access to and from the other properties in the affected area. Record an easement with the deed allowing cross __acx~____~ to and from other properties served by the joint use driveways and cross access or service drive. In addition, such easement shall specify that each unified access, cress-access, and/or coordinated paridng system will allow adequate access for service and loading Vehicles to each business site, and such easement shall be recorded in the public recon~ of Marion County and constitute a covenant for successors and assigns. Record an agreement with the deed that remaining access dghts along the roadway shall be dedicated to the City of Woodbum and pm-existing driveways shall be closed and eliminated. Rec(xd a joint maintenance agreement with the deed defining maintenance responsibilities of Ixope~ o~m~rs. Such agreement shall be recorded in the public records of Marion County and constitute a covenant for successors and assigns. Figure 7: Joint and CrOss Access/Use of Temporary Driveway 10A When it has been determined that a pre-existing driveway shall be closed and eliminated, and/or a new driveway cons~cted, the affected Ixope~y owner shall sign an agreement with the City of Woodbum indicating such cost including all demolition, excavation, construction and landscaping shall be the sole responsibir~y of the prope~ owner unless otherwise indicated by the City. The City of Woodbum and/or Oregon Department of Transpodation may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make development of a unified or shared access and circulation system impractical. Woodbum Access Management Ordinance - Page 14 10A Section 8. Interchange Areas New interchanges or significant modification of an existing interchange will be subject to special access managemont ~ to protect the safety and operational efficiency of the limited access facility and the inten:hange area, consistent with the Woodbum Transpedation System Plan as adopted and follow-up documen~ such as an Access Management Plan for the Interchange Ama, Capital Imixovement Plan, OOOT's Interchange ,Access Management Porky, or such plans deemed necessary for the implementation of the Woodbum .Transportation System Plan. Bo The distance to the ~rst connecik~ shall be at least 660 feet where the posted speed limit is greater than 45 mph or 440 feet wham the posted speed limit is 45 mph or less. This distance shall be spacing standards apply only to Interchanges between two city controlled facilities. Spacing standards for Interchanges and interchange areas which connect to state highways shall conform with the standards shown in lite OOOT~ Interchange Access Management Policy or subsequent revision. Section 9. Access Connection and Driveway Design Standards A. Driveway standards for access along designated state highways within the city limits shall conform to the requirements of the Oregon Department of Transpodatlon and the City of Woodbum Design Standards. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers is discouraged due to the potential for vehicular weaving confr~ts (see Figure 5). Driveway width and flare shall comply with Chapter 10 of the Woodbum Zoning Ordinance and shall be designed to adequately serve the volume of traffic, provide for rapid movement of vehicles off of the major roadway, but standards shall not be so excessive as to pose safety hazards for pedestrians, bicycles, or other vehicles. De The distance from an intersection to a driveway opening or'Throat Length" (see Figure 8) shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation. General standards appear in Table 4 but these requirements will vary according to the projected volume of the individual driveway. These measures generally are acceptable for the Ixincipal access to a properly and are not intended for minor driveways. Variation from these may be allowed with adequate justification, which may require a report prepared by a registered traffic engineer, and approval of the City of Woodbum Public Works Director. Woodbum ,Access Management Ordinance - Page 15 'IOA' Table 4: Generally Adequate Driveway Throat Lengths* Shopping Centers 200' > 200,000 GLA Smaller Developments 75'-95' < 2(X),000 Gl.A, Unsignalized Driveways 40'-60' ~ ~-o~ Leasalde Area in square feet Soufc~ Ve~gi G. Stove;. *The lenglhs rdmwn are minimum~ Aclual des~ may require longer ~mat lengths as det. em~ined by a ~ranspodation impac~ study. For developments and ce~ers > 200,000 Figure 8: Driveway/Public Street Throat Length Section 10. Rec uirements for Outparcels and Phased Development Plans In the interest of Ixomoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one budding site shall not be considered separate properties in relation to the access standards of this ordinance (see Figure 9). The number of connections permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary ~, agreements, and stipulations required under Section 7 shall be reel This shall also apply to phased develOpment plans. The subject property owner(s) within the affected area are responsible for compliance with the requirements of this ordinance. Woodbum Access Management Ordinance - Page 16 Figure 9: Outi3arcel IOA All access to the outpamel must be int~ using the shared circulation system of the principal development or reta'l center. Access to oulparcels shall be designed to avoid excessive movement across paking aisles and queuing across surrounding parking and ddving aisles. Figure 10: Driveway Placement Near Bus Sto~s 1,1. li,I 1~ Section 1 t. Driveway Locations Near Bus Stops The placement and design of driveways shall provide for adequate distance from bus stops to prevent buses from blocking clriveway.traffic or sight lines. In constrained situations, buses may block driveways if other access is provided to the property and sight distances are maintained. Section 12. Emergency Access In addition to minimum side, front, and rear yard setback and building spacing requirements specified in this ordinance, all buildings and other development aciJvities such as landscaping, shall be arranged on site so as to provide safe and convenient access for emergency vehicles. Section 13. Nonconforming Access Features Ao Permitted access connections in place as of date of adoption that do not conform with the standards herein shall be designated as nonconforming, features and shall be brought into compliance with applicable standards under the following conditions: 1) When new connection permits are needed 2) When site plan review is required When a significant change in trip generation of 25 additional trips per peak hour or greater has been identified (see Section 4. Definitions) by one of the following methods; Woodbum Access Management Ordinance - Page 17 ' IOA Bo a) an estimation based on the ITE Trip Generation Manual (latest edition) for typical land uses or b) a traffic impact analysis for a spec'ftc development as required under this Ordinance or c) actual traffic monitoring conducted during the peak hour of lhe adjacent street traffic for the property. (0 Such estimation shall utilize a proportional share approach. For example, the manual in(Ymates Ihat a 20,000 sq tt building mataials/supply store generates 65 peak hour trips. If a build'rog oflhis size were to expand by 5,000 sq It, an estimated change in peak hour trips for the expanded facility would be 5,0001 20,000 x 65 = 16 (new trips due to expans'~3n). If the principal activity on a property with nonconforming access features is discontinued for a period of one year, then that property must thereafter be brought into conformity with all applicable connection spacing and design requirements, unless otherwise exempted by the permitting authority. Section 14. Corridor Access Management Overlay A. Zone 1 as delineated in Table 5 shall carry with it the following access restrictions; 1) The Industrial Sales (IS) zoned property south of Industrial Ave. along 99E shall be restricted to driveway access points on National Way and Industrial Way. 2) That area north of Industrial Ave. may have no more than one additional public read accessing Highway 99E, located no less than 1000 feet north of Industrial Way. Zone I Table 5: Corridor Overial/Zones · 99E (east side of highway from north city limits to I southern boundary of Indus~al Sales (IS) properties) I Section 15. Double Frontage and Alleys A. Access to double frontage lots other than residential shall be required on the street with the higher functional classification. B. Access to double frontage lots zoned residential shall be required on the street with the lower functional classification. Co Alleys may also be a way to serve double frontage lots for residential access. They provide direct access to multiple properties by accessing side streets, not the major roadway (see Figure 4). Woodbum Access Management Ordinance - Page 18 · 10A Figure 11: Double Frontage Section 16. Flag Lot Standards Flag lots shall not be pamitted when their effect would be to increase the number of properties requiring direct and individual access conneclions to lhe State Highway System or other arterials (see F~3ure 12). Interior parcels shall be required to obtain access via a public or private access road in accordance with the requirements of this ordinance. Bo Figure 12: Rag Lots and Al~rnafive Access Avoid Flag lots 'J'tall not be permitted on designated arterials within the City Urban Growth Boundary. Flag lots may be permitted for residential development, when deemed necessary to achieve planning objectives, such as reducing direct access to roadways, providing internal platted lots with access to a residential street, or preserving natural or historic resources, under the following conditions: 1) Flag lot d~veways shall be separated by at least twice the minimum frontage requirement of that zoning districL 2) The flag driveway serving one dwelling unit, shall have a minimum improved width of 24 feet. Woodbum Access Management Ordinance - Page 19 IOA Section 17. Shared Access Subdivisions with frontage on the state highway system shall be designed into shared access points to and from the highway. Normally a maximum of two accesses shall be allowed regardless of the number of lots or businesses served (see Figure 13). Bo Direct access to in(rwidual one and two family dweangs is to be avoided and all other reasonable access altemafives are to be investigated and judged unacceptable by the Public Works or Community Development Director prior to allowing direct access to a state highway. Figure 13: Shared Access on Major Roadways Section 18. Connectivity Ao Bo The street system ot~ a proposed subdivision shall be designed to coordinate with existing, proposed, and planned streets outside of the subdivision as provided in this section. Wherever a proposed development abuts unplatted land or a futura development phase of the same development, street stubs shall be provided as .deemed necessary by the City of Woodbum to provide access to abutting properties or to logically extend the street system into the surrounding area. NI street stubs shall be provided with temporary tum-amunds or cul-de-sacs unless specifically exempted by the Public Works Director, and the restoration and extension of the street shall be the msponsib~T~ty of any futura developer of the abutting land. C. Collector streets shall intersect with collector or arterial streets at safe and convenient locations and at intervals which meet the standards set forth in Section 5. Woodbum Access Management On~inance - Page 20 IOA Local residential access streets shall connect with surroumJing streets to permit the convenient movement of traffic between residential neightxxfloeds or facilitate emergency access and eva(3Jafion, but such conne(dJ(xts shall not be pem3ilted where the effect would be to encourage the use of such streets by substantial through traffic. Section 19. Private Roads A. Private roads may be permitted in accordance with the requirements of this section and the following general standards shall apply:. 1) Private roads that by their existence invite the public in shall have all traffic control features, such as sfliping or real(ers, in conformance with the Manual of Uniform Traffic Control Devices. 2) All properties served by the private mad shall provide adequate access for emergency vehicles and shall conform to the approved local street numbering system. 3) All private roads shall be designated as such and will be required to have adequate signage indicating the road is a private road and not publicly maintained. 4) All private roads shall have a posted speed limit that complies with Oregon State Traffic Laws. 5) All private roads shall have adequate provisions for drainage and stormwater runoff. All private roads shall be approved by the Director of Public Works. B. Appr~cations for subdivision approval that include private roads shall include a drainage plan and road construction plan, prepared by a registered engineer. The City of Woodburn Public Works Official shall review private road plans for conformance with this ordinance. C. Construction permits are required for connection to public roads. Application for road construction shall be made concurrent with the c~eation of a lot that does not have frontage on a public road. A mad constmc~n permit shall be issued after approval of the private road plan and the entire length of the road shall be inspected during construction and upon completion. If found in conformance, a final use permit shall be issued. D. No building permit shall be issued for any lot served by a private road until the private road has · been constructed and approved, so that all lots to be served by the pdvate road have access to a public road. E. A mad maintenance agreement, shall be reviewed by the City of Woodbum and the agreement be recorded with the deed of each property to be served by a common private road. The agreement shall provide for:. 1) A method to initiate and finance a private mad and maintain that road in good condition; 2) A method of apportioning maintenance costs to current and future users; 3) A provision that the City of Woodbum may inspect, and if necessary, require that repairs be made to the private road to ensure that safe access is maintained for emergency vehicles. If required repairs are not made within six months of date of notice, the City of Woodbum may make the necessary repairs and assess owners of parcels on the road Woodbum Access Management Ordinance - Page 21 4) 5) 6) .G. Ho L ,Section A. Section Co for the cost of all improvements plus an administrative fee, not to exceed 25% of total costs; A provision that the ~ vote of all property owners on the road shall determine how the mad is maintained except in the case of emergency repairs as outlined above; A statement that no pubac.~ shall be used to construct, repair, or maintain the road; A provision requi~ng mandatory ~ing of the roadway if adcrRional parcels are added to reach specified thresholds; and 7) A provision that property owners along that road are prohibited from restricting or in any manner interfering with normal ingress and egress by any other owners or persons needing to access pmperfies with frontage on that road. No private mad Shall be incoq~orated into the public road system unless it is built to public road specifications of the City of Woodbum. The property owners shall be responsible for bringing the mad into conformance. All private roads shall have a sign and name meeting City of Woodbum standards and shall include the following notice: 'Private Road" 'Not maintained by the City of Woodbum". An application fee will be established by the Director of Public Works to cover administrative, processing, and inspection costs. Ali purchasers of property served by a private mad shall, prior to final sale, be notified that the property receives access from a pdvate road that shall be maintained collectively by all property owners along that mad; that the City of Woodbum shall not be held responsible for maintaining or improving the ixivate mad; and that a right-ofwvay easement to provide the only access to that property has been recorded in the deed for that property. 20. Regulatory Flexibility The Planning Commission may permit departure from dimensional lot, yard, and bulk requirements of the zoning district where a subdivision or other development plan is proposed to encourage creativity in site design, protect natural resources, and advance the"access objectives of this Ordinance. Such regulatory modifications under this section are not subject to variance approval by the Plann!ng Commission. 21. Review Procedures See Zoning Ordinance Chapter 11 regarding site plan review procedure. The City of Woodbum and/or the Oregon Department of Transportation reserves the right to require a traffiC impact study (TIS) where safety is an issue, or where signif'~ant problems already exist, or where there are potential significant impacts to the existing street system. Upon review of the access application, and/or TIS, the City of Woodbum Planning Department may approve the TIS under application, approve with conditions, or deny the apprtcafion and/or TIS. '10a ' Woodbum Access Management Ordinance - Page 22 D. Any application that involves access to the state highway system shall be reviewed by the Oregon Deparb'nent of Transportation (District 3 Office) for conformance with the State Access Management Policy and Standards. Where the applicant requires access to the State Highway System, development review shall be coordinated with the Oregon Depadment of Transportation, as follows: 1). The City of Woodbum Planning Department shall inform the developer what information will be required for access review. Information required of the applicant may vary depending upon the size and timing of the developme~ but shall at a minimum meet the require~ne~ of this section. The City of Woodbum Planning Department may review the application for conformance with the provisions of this ordinance and provide a written evaluation and recommendation for approval, approval with conditions or denial of approval to the Oregon Department of Transportation for their consideration. 2) Upon review of the application, the Oregon Department of Transportation shall advise the City of Woodbum Planning Department whether to approve the access application as submitted, approve with additional conditions, or deny the apprmafion. E. If the application is approved with conditions, the applicant shall resubmit the plan with the concrdJonal changes made. The plan, with submitted changes, will be reviewed within 10 working days and approved or rejected. Second applications may only be rejected if conditional changes are not made. F. if the access permit is denied, the City of Woodbum shall provide an itemized leffer detailing why the application~ has been rejected. G. All applicants whose application is approved, or approved with conditions, have thirty days to accept the pem~L Applicants whose permits are rejected or approved with conditions have ten (10) days to file an appeal with the Planning Commission. H. The city will notify and involve ODOT in the site plan review process for any major generators or other development not directly accessing a state highway but impacting existing intersections or connections. Section A. 22. Appeal Process In the event that the apprK~tnt is not satisfied with the decision of the City of Woodbum Planning Department and/or the Oregon Department of Transportation (ODOT) relevant to access to the state highway system, an appeal must be filed within ten (10) days of receiving the itemized letter from the City indicating the rejection or approval with conditions. B. The appeal must be presented in writing to the City of Woodbum Planning Department and dearly indicate why the decision rendered is not in conformance with a specific subsection of this ordinance. Such appeal shall be scheduled for public hearing and reviewed by the Planning Commission. C. Any such appeai shall adhere to those requirements in Chapter 12 (Adjustments) and Chapter 7 (Public Hearings) of the Woodbum Zoning Ordinance. D. An appeal of an access decision to a state highway must be directed to the ODOT Region 2 Manager for consideration through the Region 2 access review process. IOA Woodbum Access Management Ordinance - Page 23 Section 23. Adjustments ^. Bo '10A The granting of an adjustment shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored. Applicants for an adjustment from these standards must provide proof of unique or special concretions that make slfict application of the provisions impractical. This shall include proof that: Co 1) indirect or restricted access cannot be obtained; 2) no engineering or construction solutions can be applied to mitigate the condition; and 3) no alternative access is available from a street with a lower functional classification than the primary roadway. Under no circumstances shall an adjustment be granted, unless not granting the adjustment would deny all reasonable access, endanger public health, welfare or safety, or cause an exceptional and undue hardship on the applicant. No adjustment shall be granted where such hardship is self-created. Section 24. Emergency Clause This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Section 25. Legislative Findings The adoption of this Access Management Ordinance is based upon findings and conclusions attached to this ordinance as Exhibit 'A' which is, by this reference, incorporated heroin. Approved as to form: City Attorney Date 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~ City Recorder City of Woodbum, Oregon Woodbum Access Management Ordinance - Page 24 IOA ACCESS MANAGEMENT FINDINGS AND CONCLUSIONS The Planning Commission conducted a public headng in this matter on November 14, 1996 and recommends adoption of the Access Management Plan by the City Council. The Plan provides and manages access to developed and undeveloped land, while preserving the flow of traffic in terms of safety and capacity. The Plan also controls access to service collectors and residential streets to ensure safe passage to vehicles and pedestrians alike. Access control is a critical component of maintaining operation of the transportation system. The Access Management Plan implements the goals and policies of the Woodbum Transportation System Plan (Goal 2, Policy 3; Goal 3, Policy 1; and Goal 5, and new plan Policy 4 - Access Control Policies and Guidlines 4, 4 (a), 4 (b) and 4 (c). The planning policies of the Oregon Department of Transportation set forth in the Oregon Highway Plan (OHP). The Plan also confirms with the access classification system and standards of the Oregon Department of Transportation, the Access Management Policy Guidelines of the 1991 Oregon Highway Plan, and Policy and Planning Directives of the Federal Intermodal Surface Transportation Efficiency Act of 1991, Oregon Highway Plan, and Policy and Planning Directives of the Federal Intermodal Surface Transportation Efficiency Act of 1991. The Plan specifically addresses OAR 660-124345 (c)(2)(a), which directs local governments to adopt land use or subdivision regulations to protect transportation facilities for their identified use and provide access control measures consistent with the functional classification of roadways. Conclusion: The Access Management Plan Conforms to the Oregon Transportation Rule (TPR), OAR 660 Division 12. a:~acoess,fln 1/23/97 EXHIBIT "A" TO: FROM: SUBJECT: DATE: O City Council through the City Administrator , Public Works Director Poplar Plantation and Related Services Contract Award to CH2M Hill Engineers February 5, 1997 lOB RECOMMENDATION: The City Council is requested to award the poplar plantation and related services contract to CH2M Hill by approving the attached resolution. BACKGROUND: The Woodburn Public Works Department started to evaluate the options and actions needed to comply with the stipulated final order of the Department of Environmental Quality (DEQ) soon after it was received by the city. After completion of the initial preliminary work, it was determined that the size of the project was so large that help from a citizens' advisory committee was necessary to accomplish the tasks that will satisfy DEQ and the public. The governing body of the city appointed a Wastewater Advisory Committee in June of 1993. The committee made its recommendation to the council on July 10, 1995 and presented to the city council a document termed "Final Draft of Woodbum Facilities Plan". The components of this document included the preferred treatment alternative, collection system and funding mechanism. After council approval, this document was forwarded to the Department of Environmental Quality in July of 1995. Permit negotiations have been taking place between the city staff and the DEQ staff. Since the preparation of the city's plan, DEQ has started to limit the temperature of the discharge water to the river, similar to other pollutants, because it has an effect on the aquatic life. Environmental Quality Commission approval, with some possible exemptions in the interest of the city, is expected to be received in the next three to four months. The professional engineering services needed for mechanical design and construction of the wastewater plant have been awarded to Brown and Caldwell. The collection system engineering services contract to Crane and Merseth consultants will be brought to council for their review and approval in the next meeting. At present, CH2M Hill is considered a leader in the field of poplar tree plantation and beneficial reuse process and, therefore, the Consultant Selection Committee recommended this firm to perform professional engineering services related to this area. In the last few months, the Public Works' staff has worked on the technical scope of the project, as indicated by the attached memo from the Assistant City Engineer and Wastewater Plant Superintendent, and the'City Attorney has worked on the legal portion of the contract document. The final work scope and negotiations could not be completed earlier because of DEQ's new requirements of temperature and mixing zone limitations that has an impact on the aquatic life in the river. lOB The cost of the prbfessional engineering services to be performed by CH2M Hill Engineers is estimated at $619,200. It should be understood that the amount in the contract is based on the estimated time needed to perform the engineering tasks. The City Attorney has reviewed the contract document and all necessary changes have been incorporated in the contract being presented to the council. It is requested that the city coundl approve the attached resolution authorizing the Mayor to sign the contract document. CH2M Hill 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 WWTP Superintendent and Asst City Engineer 2. Resolution 3. Contract document: Legal portion of main contract with CH2M Hill containing project description (Detailed technical scope is attached to original contract on file) Note: CH2M Hill Engineer representatives will be introduced to the council CH2AI/ARD. CC lOB MEMO To: Frank Tiwari, Public Works Director From: Frank Sinclair, POTW Superintendent Subject: Contract for Predesign of Poplar Tree reuse System, Permitting Assistance and Temperature Issues. Date: January 16, 1997 RECOMMENDATION; Recommend to the City Council the adoption of the CH2M Hill contract for Poplar Tree Predesign, Permitting Assistance and Temperature Issue Assistance. BACKGROUND: The Public Works Staff has been developing a poplar predesign and assistance contract with CH2M Hill for about a year. Salient parts of the contract includes; a thirty percent design effort, preparation of effluent and biosolids management plans, public education, outreach and involvement program, NPDES permitting assistance including temperature issues, and 1997 operations and maintenance of the demonstration site. I believe the staff that has worked on the development of the technical portion of the contract feels very comfortable with the scope and required effort level. The contract includes a thirty percent design effort for the poplar tree plantation. This effort will not only encompass the actual predesign effort but coordination with the mechanical plant expansion, the identification and evaluation of funding sources and a value engineering effort. Since the use of poplar trees for wastewater treatment plant effluent disposal is new and innovative technology there may be a funding source available which could offset a portion of the city's cost. Value engineering activities will be coordinated with Brown and Caldwell Engineers. Staff from both companies will be involved in the value engineering activities for both the poplar tree plantation and the mechanical treatment plant expansion. The effort also includes ongoing coordination with D.E.Q in obtaining permit and predesign approvals. The public education, outreach and involvement program for the predesign phase will include the preparation of material including a video, fliers, curriculum material and news releases. This program will work closely with any local volunteers which may be willing to work on the project. The outreach material will be used to explain the poplar tree reuse cone~ept to local residents and for use in classrooms in Woodburn. This portion of the contract also includes the development of interpretative signs and displays. The interpretative sinage and displays will be at the demonstration site and provide information about the unique natural treatment process and its benefit to the area. Finally the contract includes permitting assistance including temperature issues and 1997 operations and maintenance for the demonstration site. Because this technology is very new and much of the permitting issues have not been developed, assistance will be needed to help the city lOB deal with the technical issues when relating to D.E.Q.. This is perhaps the first full scale poplar plantation used for treatment plant effluent reuse in the United State~. However, there are many poplar plantation wastewater reuse sites used for landfill effluent, which is similar to municipal wastewater effluent. The 1997 operations and maintenance effort wifl be similar to last years effort except the city staff will be assuming much more responsibility for the operations and maintenance of the plantation. City staff will be receiving traini~$ in operations of the Supervisory Control And Data Acquisition (SCADA) system and irrigation systems in anticipation if operating the full scale system. Both the Assistant City Engineer, Dean Morrison and myself have reviewed the scope of work an it is our recommendation that the contract be approved as proposed. COUNCIL BILL NO. 1777 RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH CH2M HILL FOR PROFESSIONAL ENGINEERING CONSULTANT SERVICES RELATING TO IMPLEMENTATION OF A POPLAR TREES WATER REUSE SYSTEM FOR APPLICATION OF WOODBURN WASTEWATER TREATMENT PLANT EFFLUENT AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SAID AGREEMENT. WHEREAS, The City of Woodburn must comply with the Stipulated Final Order issued by the Department of Environmental Quality and plan for expansion to accommodate the community's projected growth, and lOB WHEREAS, On the basis of a preliminary study and implementation of a demonstration site, several advantages have been determined for the installation of a treated wastewater land application system using popular trees as approved in the Woodburn Wastewater Facilities Plan, and WHEREAS, It has been recommended that CH2M Hill, a professional engineering consultant, perform work required to implement the poplar tree water reuse system for application of Woodburn Wastewater Treatment Plant effluent, and WHEREAS, a proposed Agreement for Professional Services has been prepared and agreed to by CH2M Hill 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 CH2M Hill for professional engineering consulting services relating to implementation of a poplar tree water reuse system for application of Woodburn Wastewater Treatment Plant effluent which is attached hereto as Exhibit 'A' 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. 17 7 7 RESOLUTION NO. Approved as to form: City Attorney Date 'lOB' APPROVED: Nancy ~ Kirksey, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodbum, Oregon Page 2 - COUNCIL BILL NO. :[ 7 7 7 RESOLUTION NO. Agreement for Professional Services Poplar Tree Water Reuse System and Permitting Assistance including Temperature and Mixing Zone Issues This AGREEMENT is between CH2M-HILL, INC. and associated Consultants ("CONSULTANT'), and the City of Woodburn, Oregon ('OWNER"), for a PROJECT generally described as: Implementation of a Poplar Tree Water Reuse System for application of Woodburn Wastewater Treatment Plant Effluent. ARTICLE 1. SCOPE OF SERVICES A. Scope of Consultant Services The Scope of Services for Predesign of a Poplar Tree Water Reuse System, Preparation of Management Plan for NPDES Permit, Continuing Community Awareness and Involvement and Permitting Assistance Including Temperature Issue for the Poplar Tree System, is set forth in Task Order No. 1. Other services will be defined in subsequent Task Orders. B. Scope of City Services To assist CONSULTANT in carrying out its obligations hereunder, OWNER shall perform the services set out in each Task Order. ARTICLE 2. COMPENSATION Compensation by OWNER to CONSULTANT will be by one of the following methods: A. Cost Reimbursable-Multiplier (Time and Expense): For services enumerated in Article 1, CONSULTANT'S Salary Costs multiplied by a factor of 2.25, plus Direct Expenses, plus a service charge of 5% of Direct Expenses, plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. OR Lump Sum For services enumerated in Article 1, the lump sum as indicated in the task order, plus applicable sales, use, value-added, business, gross receipts, or other similar taxes. lOB Page I - Agreement for Professional Services Exhibit "A" Page ! of ~_ The lump sum is based on immediate authorization to proceed and timely completion of the PROJECT. If the PROJECT timing deviates from the assumed 1 OB schedule for causes beyond CONSULTANT'S control. CONSULTANT reserves the right to request renegotiation of those portions of the lump sum affected by the time change. OWNER shall pay CONSULTANT by either the Cost Reimbursable-Multiplier method or by the Lump Sum method at OWNER'S sole discretion. B. Budget The estimated budgetary costs are set forth in each Task Order. CONSULTANT will make reasonable efforts to complete the work within the budget and will keep OWNER informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. CONSULTANT is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is OWNER obligated to pay CONSULTANT beyond these limits. When any budget has been increased, CONSULTANT'S excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. C. Salary Costs Salary Costs are the amount of wages or salaries paid CONSULTANT'S employees for work directly performed on the PROJECT plus a percentage applied to all such wages or salaries to cover all payroll-related taxes, payments, premiums, and benefits. D. Direct Expenses Direct Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary transportation costs, including current rates for CONSULTANT'S vehicles; meals and lodging; laboratory tests and analyses; computer services; word processing services; telephone, printing, binding, and reproduction charges; all costs associated with outside consultants, and other outside services and facilities; and other similar costs. Reimbursement for Direct Expenses will be on the basis of actual charges when furnished by commercial sources and on the basis of current rates when furnished by CONSULTANT, plus a service charge of 5% of Direct Expenses. Page 2 - Agreement for Professional Services Exhibit "A" Page, ~ of ~ ARTICLE 3. TERMS OF PAYMENT Payment to CONSULTANT will be as follows: A. Invoices and Time of Payment Monthly invoices will be issued by CONSULTANT for all work performed under this AGREEMENT. Invoices are due and payable on receipt. Upon completion of services enumerated in Article 1, the final payment of any balance will be due upon receipt of the final invoice. B. Interest Interest at the rate of 1 ~ percent per month will be charged on all past-due amount starting 30 days after date of invoice. Payments will first be credited to interest and then to principal. ARTICLE 4. OBLIGATIONS OF CONSULTANT A. Standard of Care The standard of care applicable to CONSULTANT'S services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services. CONSULTANT 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 CONSULTANT. C. CONSULTANT'S Personnel at Construction Site The presence or duties of CONSULTANT'S personnel at a construction site, whether as on-site representatives or otherwise, do not make CONSULTANT 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 Page 3 - Agreement for Professional Services lOB Exhibit "A" Page ~ of ~Z~ 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. CONSULTANT and its personnel have no authority 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 CONSULTANT'S own personnel. D. CONSULTANT'S Approval of Documents All written documents, drawings, and plans submitted by CONSULTANT and intended to be relied upon for the PROJECT shall bear the signature, stamp or initials of CONSULTANT. Any documents submitted by CONSULTANT which do not bear CONSULTANT'S signature, stamp or initials or those of the CONSULTANT'S authorized architect shall not be relied upon by OWNER. Interpretation of plans and answers to questions covering plans given by CONSULTANT or CONSULTANT'S architect need not be put in writing and may be relied upon by OWNER and others. E. Opinions of Cost, Financial Considerations, and Schedules In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no 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, CONSULTANT makes no warranty that OWNER'S actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. F. Duty to Inform If at any time during the performance of this AGREEMENT, or any future phase of this Agreement for which CONSULTANT has been retained, CONSULTANT becomes aware of actual or potential problems, faults or defects 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, CONSULTANT shall give prompt written notice thereof to OWNER'S project manager. Any delay Page 4 - Agreement for Professional Services lOB Exhibit "A" Page 4/_ of z/_,~ He or failure on the part of OWNER to provide a written response to CONSULTANT shall neither constitute agreement with nor acquiescence to CONSULTANT'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. CONSULTANT 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 CONSULTANT 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 CONSULTANT to meet said directives will be subject to approval of OWNER. lOB Workers Compensation CONSULTANT, CONSULTANT'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. CONSULTANT shall pay all contributions required to be made by CONSULTANT to the Industrial Accident Fund. Health Care Payments CONSULTANT shall pay when due all sums, including sums withheld from CONSULTANT'S employees pay, which CONSULTANT has agreed to pay to health care providers for treatment rendered to CONSULTANT'S employees. Page 5 - Agreement for Professional Services Exhibit "A" Page u~ of ~Z Ko 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 CONSULTANT shall make payment when due to all persons supplying labor or material CONSULTANT for the prosecution of work performed under this AGREEMENT. CONSULTANT 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 CONSULTANT fails, neglects or refuses to make payment when due of any claim for labor or services furnished to CONSULTANT 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 CONSULTANT. M. State Income Tax Withholding CONSULTANT shall pay to the Oregon Department of Revenue all sums withheld from employees pursuant to ORS 316.617. 10B N. Recycled Paper Required To the maximum extent economically feasible, CONSULTANT 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 6 - Agreement for Professional Services Exhibit "A" Page b of ~2_ P. Ac~:ess tO CONSULTANT'S Accounting Records OWNER shall have access upon request to such books, documents, receipts, papers and records of CONSULTANT 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. Q. CONSULTANT'S Insurance The CONSULTANT 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. 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. 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 CONSULTANT or of any of its employees, agents, or subcontractors, with $3,000,000 per occurrence and in the aggregate. 4. Professional liability insurance of $1,000,000. OWNER will be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in items (2) and (3), and CONSULTANT waives subrogation against OWNER as to said policies. CONSULTANT 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 the event the policy lapses during performance, OWNER may treat said Page 7 - Agreement for Professional Services lOB Exhibit 'A' Page '7 of lapse as a breach, terminate this AGREEMENT and seek da~ages,'or use any other remedy provided by this AGREEMENT or by law. ARTICLE 5. OBLIGATIONS OF OWNER A. OWNER-Furnished Data OWNER will provide to CONSULTANT all technical data in the OWNER'S possession relating to CONSULTANT'S services on the PROJECT. CONSULTANT 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 CONSULTANT as required for CONSULTANT'S performance of its services. OWNER will perform at no cost to CONSULTANT such tests of equipment, machinery, pipelines, and other components of OWNER'S facilities as may be required in connection with CONSULTANT'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 CONSULTANT'S services or PROJECT construction. D. Timely Review OWNER will examine CONSULTANT'S studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, and other consultants as OWNER deems appropriate; and render in writing decisions requested by CONSULTANT in a timely manner. E. Prompt Notice OWNER will give prompt written notice to CONSULTANT whenever OWNER observes or becomes aware of any development that affects the scope or timing of CONSULTANT'S services or of any defect in the work of CONSULTANT or construction contractors. lOB Page 8 - Agreement for Professional Services Exhibit "A" Page Asbestos' or Hazardous Substances and Indemnification If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, CONSULTANT 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, CONSULTANT 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. OWNER'S Insurance OWNER will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. lOB OWNER will provide (or have the construction contractor(s) provide) a Builders Risk All Risk insurance policy for the full replacement value of all PROJECT work, including the value of all on-site OWNER-furnished equipment and/or materials, associated with CONSULTANT'S services. OWNER, will provide CONSULTANT a copy of such policy. H. Litigation Assistance The Scope of Services does not include costs of CONSULTANT for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the OWNER. All such services required or requested of CONSULTANT by OWNER, except for suits or claims between the parties to this AGREEMENT, will be reimbursed as mutually agreed, and payment for such services shall be in accordance with Article 3, unless and until there is a finding by a court or arbitrator that CONSULTANT'S sole negligence caused OWNER'S damage. I. Changes OWNER may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT'S cost of or time Page 9 - Agreement for Professional Services Exhibit "A' Page ? of ~2 required for performance of the services, an equitable adjustment ~vill I~ made through an amendment to this AGREEMENT. J. Services of CONSULTANT Unless this AGREEMENT is modified or terminated, OWNER will have all services specified in this AGREEMENT performed by CONSULTANT, employing CONSULTANT'S standard form and content of drawings, specifications, and Contract Documents, all subject to OWNER's review and approval. ARTICLE 6. GENERAL LEGAL PROVISIONS A. Authorization to Proceed Execution of this AGREEMENT by the OWNER will be authorization of CONSULTANT to proceed with the work, unless otherwise provided for in this AGREEMENT. B. 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 CONSULTANT 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 CONSULTANT 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, CONSULTANT may include CONSULTANT'S work in its promotional materials. Drawings may bear a disclaimer releasing the CONSULTANT from any liability for changes made on the original drawings and for reuse of the drawings subsequent to the date they are turned over to OWNER. C. Force Majeure CONSULTANT is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of CONSULTANT. D. 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 lOB Page 10 - Agreement for Professional Services Exhibit 'A Page nonperformance within 5 days of written notice and diligently complete the correction thereafter. In the event of termination, CONSULTANT shall perform such additional work as is necessary for the orderly filing of documents and closing of the PROJECT. The time spent on such work shall not exceed ten percent (10%) of the time spent on the PROJECT prior to the effective date of termination. OWNER shall pay CONSULTANT and for all work performed in accordance with 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 CONSULTANT. An adjustment in the time of performance or method of compensation shall be allowed as a result of such delay or suspension unless the reason for the delay is within CONSULTANT'S control. OWNER shall not be responsible for work performed by any subcontractors after notice of suspension is given by OWNER to CONSULTANT. 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 CONSULTANT'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 CONSULTANT and has no third-party beneficiaries. lOB G. Indemnification CONSULTANT acknowledges responsibility for liability arising out of the negligent performance of this AGREEMENT and shall hold OWNER, its officers, agents, and employees harmless from and indemnify the same of any and all liability, settlements, loss, costs and expenses in connection with any action, suit, or claim resulting from CONSULTANT'S negligent acts, or omissions, provided pursuant to this AGREEMENT or from CONSULTANT'S failure to perform its responsibilities as set forth in this AGREEMENT. The review, approval or acceptance by OWNER, or City of Woodburn employees, of documents or other work prepared or submitted by CONSULTANT shall not relieve CONSULTANT of its responsibility to provide such materials in full conformity with OWNER'S requirements as set forth in this AGREEMENT and Page 1 1 - Agreement for Professional Services Exhibit "A" Page I I of to indemnify OWNER from any and all costs and damages resulting from CONSULTANT'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. CONSULTANT 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. CONSULTANT shall furnish other engineers and subconsultants and affected public utilities, whose designs are fitted into CONSULTANT'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 CONSULTANT shall adhere to all applicable federal and state laws, including but not limited to laws, rules, regulations, and policies concerning employer and employee relationships, workers' compensation, and minimum and prevailing wage requirements. Any certificates, licenses or permits which CONSULTANT is required by law to obtain or maintain in order to perform work described on the Task Orders shall be obtained and maintained throughout the term of this AGREEMENT. CONSULTANT'S Warranty; No Waiver of Legal Rights Notwithstanding any acceptance or payments, OWNER shall not be precluded or estopped from recovering from CONSULTANT, or its insurer or surety, such damages as may be sustained by reason of CONSULTANT'S failure to comply with the terms of this AGREEMENT. A waiver by OWNER of any breach by CONSULTANT shall not be deemed to be a waiver of any subsequent breach by CONSULTANT. 1OB Page 12 - Agreement for Professional Services Exhibit "A" Page I ~- of ~ Lo Mo 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: 10B Daria Wightman Project Administrator CH2M-Hill 825 N.E. Multnomah Suite 1300 Portland, Oregon 97232 Mr. Frank Tiwari Public Works Director City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Fax No. (503) 982-5244 N. 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. Articles 4, 5, and 6 shall survive termination of this AGREEMENT for any cause. ARTICLE 7. ATTACHMENTS, SCHEDULES, AND SIGNATURES This AGREEMENT, including Task Orders, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may be changed only by a written amendment executed by both parties. The following Task Order is hereby made a part of this AGREEMENT. Task Order No. I - Predesign of a Poplar Tree Water Reuse System, and permitting assistance including temperature and mixing zone issues. Page 13 - Agreement for Professional Services Exhibit "A" Page 15 of ~Z 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. CH2M-HILL, INC. CITY OF WOODBURN By: By: Nancy A. Kirksey, Mayor 10B Attest: City Recorder Approved as to Form: City of Woodburn Legal Counsel N. Robert Shields Page 14 - Agreement for Professional Services Exhibit "A" Page 14 of ~-Z. Task Order No. ! Predesign of Poplar Tree Reuse System and Permiffing Assistance Including Temperature and Mixing Zone Issues Subject: ORIGINAL CONTRACT to furnish professional services to the City of Woodburn, Oregon, for implementation of a Poplar Tree Reuse System and Permitting Assistance Including TemPerature and Mixing Zone Issues dated Upon execution of this Task Order by the City of Woodburn (OWNER) and CH2M HILL (CONSULTANT) in the space provided below, this Task Order will serve as authorization for the CONSULTANT to carry out and complete the services as set forth below in accordance with the referenced Contract between the OWNER and the CONSULTANT. 'mOB Al Understanding, Approach, and Purpose Over the past 4 years, Woodburn has invested a great deal of time and effort to develop a well-conceived facilities plan to deal with two significant community challenges: · Meeting total maximum daily load (TMDL) restrictions for the Pudding River, which require the most stringent ammonia control in the Northwest · Providing adequate treatment capacity to meet the community's existing residential and industrial needs and future growth Woodburn's approach to these complex issues has been innovative and sensitive to the environment. A cornerstone to the OWNER's innovation is the implementation of a poplar tree water reuse system. On the basis of a preliminary study and implementation of a demonstration site in 1995 and 1996, it has been determined that the installation of a treated wastewater land application system using poplars has several advantages. These advantages include, but are not limited to: · Providing an alternative to Pudding River discharge by land applying secondary treated effluent during the critical discharge months of July and August · Providing aesthetically pleasing habitat that is attractive to both wildlife and area residents · Production of a renewable resource · Providing an opportunity for land application of biosolids and yard debris The OWNER has requested the CONSULTANT to provide the services associated with the implementation of a Poplar Tree Water Reuse System (Reuse System) and to provide permitting assistance including addressing new temperature regulations. The OWNER has retained Brown and Caldwell Consultants (BCC) to provide design and construction services associated with their recommended upgrades to the Woodburn Wastewater Treatment Plant (WWTP). Both BCC and CONSULTANT teams will coordinate efforts to provide a unified system. The key project objectives are: I.~RNk131395k~O1.D~ I Exhibit "A" 2/4/97 Page I~' of ~-~. C{I'Y O~ ~ TREE WATER REUSE TASK ORDER NO. 1 · Determine the agronomic rate for poplar irrigation with effluent. · Establish a plantation of 3-year-old poplar trees for agronomic irrigation by the required time of compliance. · Optimize the size of the full-scale system. Test implementation of higher than agronomic irrigation rates over the existing high nitrate plume. · Test two different tree spacings. · Modify location of sprinklers to facilitate operation and maintenance · Analyze biosolids land application options for long-term use. Analyze for 100 acres adjacent to plant only. Include analysis of dry cake biosolids application and liquid application by separate irrigation system or liquid spreading. · Conduct an analysis to determine appropriate land application of dry cake biosolids for interim use. · Develop an Effluent and Biosolids Management Plar~ · Provide assistance in securing appropriate permits from Oregon Department of Environmental Quality (DEQ). · Develop a Temperature Management Plan to address temperature regulations. · Deliver project on time and on budget. · Develop an education outreach and involvement program to maintain community awareness, involvement, and long-term support for the project. · Implement a sound operations, maintenance, and management strategy for the water and biosolids reuse system to ensure long-term compliance. The CONSULTANT has designed the approach for achieving these stated goals and objectives in three distinct phases: · Phase I: Predesign of Poplar Tree Water Reuse System, Preparation of Management Plan, Continuing Community Awareness and Involvement, NPDES Permitting Assistance Including Temperature (Covered in this Task Order No. l) · Phase II: Final Design, Bidding, Construction Management, and Startup Services Associated with a Contractor Built System · Phase III: Operations, Maintenance, and Management Assistance The objective of Phase I is to develop a predesign (approximately 30-percent final design) of the full-scale Reuse System. The predesign will be done in dose coordination with the activities assodated with the treatment facilities in order to ensure an optimum design and proper basis for the design criteria. NPDES permit negotiations will be included as part of the predesign. In addition to the predesign activities, an effluent and biosolids management plan and temperature management plan will be prepared for submittal to DEQ in support of the NPDES permit. Phase I will also include a continuing effort in community awareness and involvement in the development of the Reuse System. 1OB I.~WOOO~JRN~131395~WOeRNTO I .DOC 2 Exhibit "A" 2/4~7 ' Page /~ of ~Z C{~YOFW(XX}8~"~; .,,O~LAR TREE WATER REUSE TASK ORDER NO. 1 The objective of Phase II is to design and construct the Reuse System Phase II may also include groundwater monitoring effort if required by DEQ. The details of the work scope and fee will be included in future task orders. The objective of Phase HI is to provide the appropriate services to ensure short- and long- term reliability and compliance at the 'Reuse System site. 'The details of the work scope are not included in this task order and will be drafted during Phase II. B. Scope of Services lOB The specific services to be provided in Phase I are broken into the following tasks: · Task 1--Predesign of Full-Scale System · Task 2mPreparation of Effluent and Biosolids Management Plan and Work Plans for Site Characterization and Monitoring · Task 3---Public Education, Outreach, and Involvement · Task 4--NPDES Permitting Assistance · Task 5-~1997 Demonstration Site Operations, Management, and Maintenance · Task 6---Project Management The following summarizes the activities associated with each of thec~e tasks. Task 1-Predesign of Full-Scale System The predesign effort, featuring'a 30-percent design effort, will provide the information required to develop final design criteria, layout and sizing, and refinement to the cost estimate for the construction of the full-scale Reuse System. The scope for the predesign includes components of the Reuse System, including the pump station wet well, the trees and irrigation system. Associated electrical wiring and yard piping are also included in this scope. Consistent coordination with the treatment plant design will facilitate project development- The following key tasks will be performed: · Ongoing coordination with treatment plant design and project optimization · Preliminary evaluation of drainage versus increased land size · Definition of permit, regulatory, and design criteria · Identification of suitable sites · Detailed investigation of selected site (s) · Predesign of project components · Development of an implementation plan · Refinement of construction cost estimates · Identification and evaluation of funding sources · Value engineering I:\WOOOeURN~131395~W~eRm~01-OOC 3 2/4/97 Exhibit "A" Page I? of ~/-~. crrY OF W~RN--.POPLAR TREE W&TER REUSE 'I'ASK ORDER NO. 1 Task 1.1 Ongoing Coordination with Treatment Plant Design The objective of this task is to ensure proper communications regarding the incorporation of the Reuse System into the treatment plant design. Twelve meetings with CONSULTANT representative or fewer meetings with two Consultant representatives are included with BCC and OWNER staff to discuss project objectives, treatment strategies, predesign issues, and final design criteria for the Reuse System. The OWNER may not need to attend all twelve coordination meetings, but may do so at their discretion. Specifically, coordination will be required regarding treatment strategies to determine final flows and water quahty to be used in sizing of the Reuse System site, and biosolids quantity and quality used in the land application of the biosolids within the tree plantation. A memorandum outlining flow and water quality issues will be prepared and sent to a BCC and OWNER representative. The CONSULTANT will proceed with full-scale predesign after receiving comments and directiori from the OWNER. Additionally, because the scope of the Reuse System entails each project component of the system (from the pump station sump to the field), predesign issues such as yard piping and electrical supply will need to be coo. rdinated because these are also required for the Reuse System. Electrical coordination considerations include but are not limited to ensuring proper location of the service and sizing of the electrical demand associated with the Reuse System. Yard piping includes the piping from the sump to the field, and will be partially located within the treatment plant yard. Coordination issues include' ensuring no interference with other yard piping associated with the treatment plant. These coordination issues will be ongoing. 1OB Activities Task 1.1.1 Planning Meetings with BCC and OWNER Task 1.1.2 Review of Water and Biosolids Quality and Quantity Projections Task 1.1.3 Ongoing Meetings and Coordination with BCC (12 meetings at 4 hours each or equivalent) Deliverables · Memorandum of understanding on quantity and quality projections to be used in the final design of the Reuse System. Scope of OWNER Services · Attend two meetings (and other coordination meetings as needed; not more than nine ) · Timely review of draft flows and water quality memorandum Task 1.2 Preliminary Evaluation of Drainage Versus Increased Land Size DEQ is currently in the process of determining whether or not the OWNER will have problems with the temperature-based water quality criteria. There is a poss~ility the OWNER will be required to reduce discharges during times in June through September because of temperature concerns. The original design for the Reuse System was to eliminate discharges in July and August. The land base required for the Reuse System would need to be increased to address the June and September months of application required or an underdrain system could be installed over the original land size that could potentially collect the drain water for discharge back to the river system. It is believed the I~WOOOI~JP~I 31395~w0enk'ro1 ~ l 4 2/4/97 Exhibit 'A" Page ~ of 42. CITY OF ~ TREE WATER REUSE TASK ORDER NO. 1 temperature ~f the water collected in the drains would be below the temperature water quality criteria. In order to determine the appropriate alternative to implement, a prelimirmry evaluation of a drainage system versus increasing the land acreage to deal with the June and September months of irrigation will be conducted. An initial technical feasibility evaluation of the drainage system will be performed. If the drainage system appears to be technically feasible,, a conceptual design of a drainage system for the original land required will be developed and an order-of-magnitude construction cost estimate performed. The land base required for the June and September flows will be determined and order-of-magnitude costs for the Reuse System will be used to estimate the increased construction costs for more land. Based upon the construction cost estimates, a comparison between the two alternatives will be made and a recommendation formulated. 1OB Activities Task 1.2.1 Technical Feasibility and Conceptual Design of System with Drainage System Task 1.2.2 Conceptual Design of System without Drainage System Task 1.2.3 Order-of-Magnitude Construction Costs Task 1.2.4 Preparation of Technical Memorandum Task 1.2.5 One Review Meeting Deliverables · Technical memorandum summarizing findings Scope of OWNER Services · Determine general location of full-scale system Task 1.3 Review Site Selection and Conduct Detailed Site Investigation It is assumed that a preliminary site selection process is being performed by the OWNER and the desired property for the full-scale Reuse System is under negotiations. The objective of this task is to review the general area desired and perform a preliminary site visit and detailed site investigation to identify the specific areas to be used. One meeting is planned with the OWNER to discuss the desired planting locations at the site, overall land siting objectives and criteria, and specific detailed investigations to be performed. The detailed investigation is to collect data to characterize the site and define the criteria relating to design, site monitoring elements, and operations of the site. The detailed investigations will include field and laboratory analyses describing the soil (test pit description, sampling and analysis, infiltration testing, data interpretation), groundwater analyses (levels, gradients, and quality), and identification of utility interference. Soil test pits will be dug with a backhoe (backhoe operations provided by the OWNER) at eight (8) locations within the selected site. This number assumes the site is relatively uniform. Twenty four (24) composite samples will be obtained from the pits and sent to a laboratory for analysis of chemical and physical parameters and field capacity. Six (6) replicated infiltration tests will be performed to determine the infiltration rate for the site. It is assumed no wells will be installed at this time. Hydrogeologic investigations will be performed by reviewing existing information. Utility information will be obtained from existing as-built plans provided by the OWNER and one site visit. It is assumed that detailed utility locations (profiles and potential interference) will be defined later during design activities. A base map will be prepared for Exhibit "A" i:\WOODSURN~131395~WOaRm'O1J3OC 5 Page I~ of 4Z 2/4/97 Cl'lYO~W~.., ,.~3PLARTREEWATERREUSETASKORO~RNO. 1 use in the predesign activities. Existing aerial photography provided by the OWNER will be reviewed along with topographic maps. Activities Task 1.3.1 Task 1.3.2 Task 1.3.3 Task 1.3.4 Task 1.3.5 Task 1.3.6 Task 1.3.7 Task 1.3.8 Site Selection Planning Meeting Review of Background Data Prepare Base Map Conduct Preliminary Site Visit Conduct Soils Investigations Conduct Hydrogeologic Investigations Collect and Review Existing Utility Information Prepare Technical Memorandum Deliverables · Laboratory results of soil sampling efforts · Technical memorandum summarizing findings · Base map Scope of OWNER Services · Determine general location of full-scale system · Perform preliminary site selection process and provide aerial photography · Provide backhoe and operator for 8 test pits Task 1.4 Define Reuse Regulatory and Design Criteria for Poplar Tree Irrigation The objective of this task is to document the overall design criteria for the full-scale Reuse System to meet regulatory and permitting requirements. The overall design criteria for the Reuse System will include project objectives and goals; code requirements; reuse permitting requirements; OWNER's operational, maintenance, and other design preferences; treatment plant pump station design information; operational data from the poplar tree water reuse demonstration project; and standards for key facility components. It is assumed one meeting is required between the CONSULTANT, OWNER, and DEQ staff to discuss specific reuse permitting requirements. It is assumed that four meetings with the OWNER will be required in preparation for meeting with DEQ. Additionally, the allowable loading rate to the site will be discussed with the OWNER and DEQ. High rate application over the existing nitrate plume is approved for evaluation by the OWNER and will be reviewed with DEQ. It is assumed the two meetings will be required to get a DEQ decision. The actual ra~e will be evaluated during predesign in conjunction with agronomic rates to show the sensitivity of site size to these two loading rates. The predesign includes the cost for developing water balances for the high rate, equipment layout and sizing, and meetings with DEQ. An additional meeting will be held with the CONSULTANT and OWNER to go over the OWNER's operational, maintenance, and other design preferences; review preliminary design criteria information on sizing of land; demonstration project results; and standards for key components of the system. A final technical memorandum will be prepared to document the final criteria to be used in the design of the system. This memorandum will be distributed to OWNER staff for their information. lOB Exhibit 'A' i.~WO~1313953,WOe~'~O1.DOC 6 Page ~ of ~Z 2/4/97 CITY 0¢ WCX~~ TREE WATER REUSE TASK ORDER NO. 1 Activities Task 1.4.1 Meetings with OWNER in preparation of DEQ meetings and DEQ meetings Task 1.4.2 Design Criteria Meeting with OWNER Task 1.4.3 Review of Demonstration Site Operational Results Task !.4.4 Conduct Hydraulic and Loading Rate Analysis Coenefidal and high rate) Task 1.4.5 Standards for Key Facility Components (sprinklers, filters, etc.) Task 1.4.6 Prepare Design Criteria Technical Memorandum 10B Deliverables · Meeting notes from planning meeting with DEQ · Meeting notes from design criteria meeting with the OWNER · Design criteria technical memorandum Scope of OWNER Services · Attend 4 meetings to prepare for DEQ meeting · Attend 2 DEQ meetings · Timely review of design criteria technical memorandum Task 1.5 Predesign Activities, Documents, and Cost Estimates The objective of the predesign activities is to prepare the predesign (30-percent design) drawings and cost estimates for the full-scale system. The CONSULTANT will draw upon its in-depth knowledge accumulated over the past 8 years from other systems and the existing prototype at Woodburn to refine the characteristics of the Reuse System- Layout, sizing, and material and equipment selection will be performed for each component in the system. No specifications or standard details will be provided at this stage. The predesign documents will be developed for two construction phases: Phase I for the existing treatment plant capacity of 3.3 million gallons per day (mgd) and Phase II for the remainder capacity at buildout up to 5.1 mgd. Based t~pon the final layout and sizing, the CONSULTANT will prepare schematic design sheets for the pipeline and application distribution system, pump and filtration system, biosolids application system, electrical system, and monitoring and control systerru The future WWTP facilities will have ultraviolet (UV) disinfection in place of the existing chlorine contact chamber. Predesign of the Reuse System pump station will need to consider a pumping station in parallel with the UV facility. The Reuse System will be designed to use chlorine and UV disinfection. In addition, sodium hypochlorite will be needed for periodic cleaning of the irrigation system lines. Coordination with BCC will be required for proper location and connection to the planned facilities. A budget level cost estimate will be prepared from the predesign sheets and an implementation strategy will be presented for final development of the system- As part of the predesign of the Reuse System, the CONSULTANT will perform an alternatives analysis for long-term beneficial reuse of the liquid biosolids (Class B) on the planned 100 acres near the plant from the facultative lagoon planned for the'WWTP expansion. It is assumed that three alternatives will be evaluated (Alternative 1--Separate irrigation system; Alternative 2--Liquid spreading; Alternative 3--Dry cake spreading) and will address the amount of biosolids that can be reused on the planned 100 acres near the plant. The potential biosolids application into the effluent irrigation system may be addressed in a future scope of services contract. It is assumed the solids removal facilities, Exhibit "A" i:~WOOO~I~131395~w~R~rro1.~x~c' 7 Page 2[ of ~'~- 2/4/97 C~'Y OF ~k--~f~'rREE WATER REUSE 1'ASK OROER NO. 1 day tank, and booster pump at the day tank are induded in BCC's contract. BCC will provide biosolids quantities and quality for this analysis. An analysis of dry cake biosolids will be conducted for interim use. This assumes the interim solids application will be reused on the planned 100 acres near the plant. Application of dry cake biosolids is assumed to be by manure spreader only. The City's existing manure spreader will be compared with a smaller manure spreader for optimizing tree spacing and overall cost-effective management. A draft predesign report will be prepared for the OWNER's review and DEQ submittal. It is assumed that only one review period is required to fivali~e the report. After the review process, appropriate comments will be incorporated into a final predesign report. Ten copies of the draft and final will be provided. The predesign will draw heavily on the Woodburn prototype system (prototype), using design criteria as revised based on prototype operations, maintenance, and monitoring and DEQ input. Design criteria and assumptions of the predesign are identified in Table 1. These criteria may change during predesign. Meet with OWNER to initiate the evaluation, meet to discuss draft, and meet to review final report. Activities Task 1.5.1 Task 1.5.2 Task 1.5.3 Task 1.5.4 Task 1.5.5 Task 1.5.6 Task 1.5.7 Task 1.5.8 Development of Tree and Site Layout Predesign of Irrigation System Predesign of Pump Station, Filters, and Conveyance System Predesign of Monitoring and Control System Preparation of 30-Percent Design Drawings Biosolids Application Evaluation Budget Level Estimates on Consh'uction Costs Development of Implementation Plan Task 1.5.9 Preparation of Predesign Report Task 1.5.10 Three Meetings at Woodburn Deliverables · Draft of tree and site layout · Schematic design drawings (30-percent level) · Alternatives analysis for biosolids application on first 100 acres · Draft and final predesign report · Budget level cost estimate for full-scale system Scope of OWNER Services · Timely review of draft predesign report · Attend three meetings Task 1.6 Identification and Evaluation of Funding Sources The objective of this task is assist the OWNER with identifying and evaluating potential funding sources for the Reuse System. Funding sources from state and federal agencies will be explored and contacts made to determine amount of funds available and conditions required to secure the funds. In addition, the CONSULTANT will assist the OWNER in securing funding assistance for the demonstration program planned for the biosolids 1OB Exhibit ,.-~UR~1313953.WOeRNTO1.OOC 8 Page ~2 of ~. 2/4/97 cn'Y oF wooosu~ ~ WATER REUSE TASKOROER NO. 1 pasteurization and injection systems. A total of six meetings will be held with the OWNER, funding groups, and/or interested parties. Activities Task 1.6.1 Funding Research and Summary of Potential Sources of Money Task 1.6.2 Preparation for Meetings Task 1.6.3 Meetings with Owner, Funding Groups, and/or Interested Parties Deliverables · Memorandum on available funding sources Scope of OWNER Services. · Attend up to six meetings Task 1.7 Value Engineering (VE) Activities The objective of this task is to perform a value engineering review of the predesign to ensure constructibility, verify design parameters and final sizing and layout of facilities, and confirm proper coordination with WWTP facilities. It is assumed the VE team will consist of members from CONSULTANT, BCC, and OWNER, The review will consist of three meetings of 4 hours each at approximately 10-percent design. The CONSULTANT Project Manager and Senior Advisor will also be included on the BCC VE team for 10- percent and 50-percent review to ensure full coordination. This effort was assumed to be 10 meetings at 4 hours each. Activities Task 1.7.1 Prepare Memorandum on Objective of VE Review to VE Team Task !.7.2 VE Team Meeting to Review Comments and Attend BCC VE Reviews Task 1.7~3 Prepare Memorandum Presenting Comments to Incorporate into Final Predesign Deliverables · Objective memorandum · Memorandum on comments to incorporate Scope of OWNER Services e Participation in VE meeting 1OB Exhibit __~2 I.'~/O(X~131395~WDSRNTO1.DOC 9 Page 2:~ of 2/4/97 crrY OF WOOOSO~ IREE wAIF. R REUSE TASK ORDER NO. 1 Component Table 1 Assumed Design Criteria for Contractin[~ Purposes. Criteria 1OB Pump station wet well structure - Capacity to allow acceptable pump cycle times as regulated by the .......... _~....,~_ _ ~_~l._~_%a!L.w..a~t.~.~.°_m...e.!~L .................................................. -f-i~~~"~'~'~'~,i~i;i~"l}~'~d - Simple low-cost building that is compatible with WWTP architecture motors ............................................................. ....................................................pump equipment -Yi~i'~,~;~'~,~'tir~'reuse pump - Phased for phase 1 treatment plant volume (3.3 mgd) and for treatment plant full-scale buildout (5.1 mgd) - Assume predesign of 4 pumps (i.e., Phase I- one at 1 mgd, two at 1 mgd (one redundant); Phase II- one at 2 mgd) - One redundant unit of largest capacity ........... :_~ ~ ?~!E ~..? _e~_ _~_~_~J.o_ _?_ _~3_~_~_~.~°rs ....................................... -'~"e~-~'~ ............. - Phased for present treatment plant volume and for treatment plant full- scale buildout - One redundant unit of largest capacity Existing plantation headworks - Relocate controller - Expand to trackE.um___B_?perations and c~cl_.e__fiel~_ds. ........................... Biosolids application - Class B biosolids - Applied only on City controlled property (near plant) - Applied either through separate irrigation system, liquid spreading, or d.r~ cake .~.readi.n3~ ............................ .... ~.-fiia'a~"~-ig-;~ ...................... --~;&-p-Z~-d~i~]g'~-~-g~'F~-i-~'~i-f-gr ada~tior~l ' buildout capacity Phase. II - Extend both beyond plant site in Phase I, blind IIanging off the Phase H main line - Intertie for switch-over capability '"i~]~'~tribution manifolds - Four fields per manifold and 1 ~ per field during normal use. - Phase I would have two manifolds to allow rest time for fields and maintenance and operation issues -Phase II would have one additional manifold Infield application system - Based on prototype with revisions as learned through operations of the prototype. Predesign activities assume a Micro-spray irrigation system - Submains will be minimized - All pipe and tube will be sized for greater than ! foot per second velocity - Looped automated flush system - Drip perimeters and buffers at minimum one row wide; will include an additional small micro ~ter and auto~ur~._.l~_s_p_ _~y:hea~ds Tree selection - Tree selection and layout will be based on results from the prototype and additional _o_n.~.o..'_u~ studies at various localities wi_t_~l~'t~in~' _th~e_..s~t.a_ te -~'~-~i~'~,~"~'b~t~' ....... :~vf-o~i-~o--rin--~-e~-~m~t ~ be--b-ased o--'--~ ~ite--fi~ a~v-~l-o-p--ed in the effluent and biosolids management plan (may include temperature) Exhibit 'A" ,~WOO060~131396~26~rOl~:~C 10 Page 2.~1(- of ~-~.. 2/4/97 C~'Y OF W~ '~<~EE wA'rER REUSE TAS~ ORDER NO. Task 1.8 Soil Moisture and Properties Collection Improvements The objective of this task is to calibrate the time-domain reflectometry (TDR) probes at the demonstration site to actual soil moisture. To do this, the bulk density and gravimetric (weight/weight) moisture content of the soil must be determined. This must be performed throughout the f-foot profile. Two soil pits will be dug, and 20 undisturbed soil cores (two replications per TDR depth interval) from each pit will be taken and sent to the lab for moisture content and bulk density testing. A reading from each probe will be made at the same time the samples are collected to correlate the TDR readings with the actual volumetric moisture content of the soil. Soil moisture release curves and saturated hydraulic conductivity of the undisturbed soil cores will also be determined. It is assumed the backhoe work to dig the test pits will be provided by the OWNER. Activities Task 1.8.1 Coordination Task 1.8.2 Site Investigations, TDR Readings, and Collection of Samples Task 1.8.3 Coordination of Lab Analysis of Samples Task 1.8.4 Review, Evaluate, and Document Results Deliverables · Memorandum on results · Calibration of TDR probes Scope of OWNER Services * Backhoe work 1OB Task 2-Preparation of Effluent and Biosolids Management Plan and Work Plans DEQ requires submittal of an effluent and biosolids management plan for all wastewater reuse systems. The objective of this task is to prepare the appropriate documents to be submitted as support to the NPDES permit. The following key tasks will be performed: · Management plan meeting with DEQ · Preparation of effluent and biosolids management plan · Work plans for site characterization and monitoring plan · Submit plan in workshop with DEQ o Prepare and submit responses to DEQ questions Task 2.1 Management Plan Meeting with DEQ The objective of the kickoff meeting is to go over project goals, present Pertinent design information, discuss preliminary results of test site operations, and determine specific requirements for the effluent management document. One meeting is planned with DEQ, OWNER, and CONSULTANT staff. The CONSULTANT will prepare summary notes for the meeting. This information will assist in developing an outline for the effluent management plan and understanding of key dates in the permitting process. This meeting will occur approximately half-way through Task 1.4 so the design is well defined but still at a point that DEQ comments can be incorporated. Exhibit "A I:\WOOOBURN~131395~WOeRNrO1.DOC 11 Page ~ 2/4/97 c~rY 0¢: ~*~O~,--~EkR TREE WA~r.R REUSE T,~SK ORDER NO. 1 Activities Task 2.1.1 Preparation of Presentation Material for Meeting Task 2.1.2 One Meeting with DEQ and OWNER Task 2.1.3 Summarize Findings in Meeting Notes lOB Deliverables · Presentation material · Meeting notes Scope of OWNER Services · Attend one meeting Task 2.2 Preparation of Effluent and Biosolids Management Plan An outline of the management plan will be prepared and submitted to the OWNER for review. Based upon the kickoff meeting and review of the guidelines, the effluent and biosolids management plan will be prepared. Specific information antidpated to be required for the plan are soils and hydrogeologic findings at the site, hydraulic and nutrient loading rate analysis, operations and monitoring plans, and general design information of key facility components. A draft of the plan will be prepared for review by OWNER staff. Only one review process is anticipated, before a final management plan can be submitted. After the CONSULTANT has received the review comments, the appropriate comments will be incorporated into a final Effluent and Biosolids Management Plan, Activities Task 2.2.1 Outline of Effluent and Biosolids Management Plan for OWNER's review Task 2.2.2 Draft Effluent and Biosolids Management Plan Task 2.2.3 Final Effluent and Biosolids Management Plan Task 2.2.4 Review meeting with OWNER Task 2.2.5 Coordination with NPDES Permitting Deliverables · Outline of effluent and biosolids management plan · Draft effluent and biosolids management plan for review · Final effluent and biosolids management plan Scope of OWNER Services · Timely review of effluent and biosolids management plan outline · Timely review of draft effluent and biosolids management plan Task 2.3 Preparation of Work Plan on Site Characterizations and Monitoring As part of the effluent and biosolids management plan, a work plan associated with the site characterization and monitoring for the high rate application areas is required. A work plan for the site characterization will be prepared to outline for DEQ the specific elements performed in the site characterization~ Information provided by other efforts will be reviewed to identify ways to reduce the level of site characterization performed. In addition, a work plan for the monitoring program will be prepared to identify the total monitoring wells required, and their proposed locations will be identified. General Exhibit "A' · i:\~RN~13139~WDBRNtO1.0OC 12 Page 2/a of ~-~... 2/4/97 ~ OF WOOO6UI:~ ZI:IEE WATER REUSE TASK OROER NO. 1 parameters to monitor and the monitoring schedule will be outlined. These work plans will be submitted with the management plan for final approval by DEQ. Work related to design and/or installation of the wells or site characterizations will not occur until DEQ has approved the plan. This additional work, along with the potential need to define the groundwater plume better, will be defined at a later time and be part of the final design or addressed in a change order. Activities Task 2.3.1 Review Existing Site Characterization and Groundwater Information Task 2.3.2 Draft Work Plan for Site Characterization Task 23.3 Draft Work Plan for Monitoring Plan Task 2.3.4 Review Meeting with OWNER Task 2.3.5 Final Work Plans Deliverables · Draft work plans for review · Final work plans for submittal with effluent and biosolids management plan Scope of Services · Timely review of work plans Task 2.4 Submittal Meeting with DEQ Attend a meeting with DEQ to present information supporting the Management Plan and design. This meeting will allow DEQ to ask questions regarding implementation of the Reuse System and specific technical criteria used in the design of the system. Activities Task 2.4.1 Prepare Presentation Materials Task 2.4.2 Meeting with DEQ Task 2.4.3 Prepare Meeting Notes Surmnary Deliverables · Presentation materials · Meeting notes s~ Scope of OWNER Services * Attend one meeting with DEQ Task 2.5 Final Negotiations with DEQ on Reuse Conditions Approval The CONSULTANT will provide the OWNER with a review of the draft reuse conditions submitted by DEQ and participate in one strategy meeting regarding OWNER's response. The CONSULTANT will prepare a response to the draft conditions based upon the strategy meeting. The CONSULTANT will attend one meeting with DEQ to assist in finali?~ng the conditions associated with the permit. 1OB ~WOOO~131395~WO~RNTO 1 .DOC 13 Page _ 2/4/97 Exhibit "A" ,?,7 of YZ Crry OF ~t~,~-~uR T~EE WA~ ~EUSE T~S~ G°g~ NO. 1 Activities Task 2~5.1 Meeting with DEQ Task 2.5.2 Review of Draft Reuse Conditions Task 2.5.3 Strategy Meeting with OWNER Task 2.5.4 Draft Response to reuse Conditions lOB Deliverables · Meeting notes fr°m strategy meeting · Meeting notes from DEQ meeting · Response letter to DEQ on reuse conditions Scope of OWNER Services · Attend one meeting with DEQ · Attend one strategy meeting with CONSULTANT · Provide DEQ comments on effluent management plan · Finalize response to reuse conditions · Task 3-Public Education, Outreach, and Involvement Program for Predesign Phase The objective of the public involvement process is to continue to build on the OWNER's theme of "Passport to a Better Environment" by informing the public of the progress of the demonstration poplar plantation and poplar predesign effort. This process will enable the OWNER to educate the public, develop and maintain an excitement about the project, and provide a graphical demonstration of the benefits of this innovative technology. Woodburn is on the cutting edge of natural science and innovative wastewater technology. Citizens will be educated to understand the link between science, technology, and environmental improvements that will enhance the quality of life in the City of Woodburn. The CONSULTANT will provide its assistance to the OWNER to ensure that this policy related technology decision is understood, supported, and promoted. The key tasks associated with the public involvement process are: · Coordination of Outreach Approach · Development of Interpretative Signs · Development of Education Outreach Material Task 3.1 Coordination of Outreach Approach The CONSULTANT can best assist the OWNER in promoting the environmental benefit of this project after an initial brainstorming workshop where detailed project activities and responsibilities are determined. An initial meeting/workshop can assist in defining roles and responsibilities. We have presented some initial thoughts for a public education, outreach, and involvement activities in Tasks 3.2 and 3.3. Activities Task 3.1.1 Strategy Meeting to Discuss Approach Task 3.1.2 Prepare Meeting Notes Summary Exhibit 'A' IAWOOOeUR~13139~WOeRNT01.00C 14 Page ~ of ~.. 2/4/97 CITY OF ~(~Ul~k~.e,R TREE WATER REUSE TASK C)RO~ NO. 1 Deliverables · Meeting notes from workshop 1OB Scope of OWNER Services · Attend one strategy meeting/workshop · Define roles and responsibilities between CONSULTANT and OWNER Volunteer Task 3.2 Development of Interpretative Signs/Displays Interpretative signage/display at the poplar demonstration plant site will provide information about the unique natural treatment process. The environmental and economic value of the project will be explained to provide a destination for school groups, environmental organizations, and other service, organizations as well as for individual citizens. The CONSULTANT will combine its technical and creative capabilities to develop interpretative signage and a weatherproof literature holder. The signs will be prepared in English, Spanish, and Russian. Framework support for the signs will be provided by and installed by the OWNER staff. We propose the installation of two signs in three colors approximately 6 feet by 4 feet with metal enamel painted surface designed to be weather and vandal resistant and require little maintenance. Activities Task 3.2.1 Strategy Meeting to Discuss Interpretative Signs Task 3.2.2 Development of Draft Treatments for Signs Task 3.2.3 Review Meeting with OWNER Task 3.2.4 Final Production of Signs Task 3.2.5 Weather Proof Literature Holder Deliverables · Draft treatment of signs · Two (2) interpretative signs Scope of OWNER Services · Review signs · Install signs and literature holder · Provide freestanding metal frames for signage Task 3.3 Development of Outreach Material Outreach materials will be prepared for WWTP neighbors, county commissioners, county permits, state coordination, school use, and general public awareness campaigns that will enhance environmental understanding by students and the general public. Understanding the information leads to a trusting relationship between the citizenry and the OWNER as the continuation of the poplar project is supported. The attitudes and opinions of local residents/neighbors surrounding the poplar plantation demonstration project are particularly important. It is these people who, if misinformed, can develop antagonistic attitudes toward the project. Recognizing the complexity and sensitivity of potential project stumbling blocks is therefore of critical importance. Likewise, it is important not to alarm the community surrounding the poplar plantation site. Understanding Of public health issues is integral to the neighbors' acceptance. To gain the confidence and trust of ~:~WOOOi~RN~I 31395~WDeRNTO1 .ooc 15 2/4/97 Exhibit "A" Page 2~ of O3'Y OF ~ TREE WATER REUSE TASK ORDER NO. 1 project neighbors, we must dearly and completely address neighbor concerns without creating concerns by our initiatives. Therefore, we propose a community tour and workshop to engage area residents in assisting us to develop meaningful materials. If citizens are given meaningful tasks to perform they are more likely to engage and assist the project. Specific outreach materials that will be prepared are: · Curriculum material to be designed for Woodburn schools showcasing the water reuse approach selected by the OWNER as a choice to improve the environment of the Pudding River and the community as a whole. This material will be designed to work synergistically with the interpretative signage. · Fliers/outreach reports for dissemination of key information to newspapers and the general public. This material will be prepared for weather proof literature holders to be included with the interpretative signage. · Video to be used on local cable access, at schools, and at the WWTP office, providing a general overview of the issues and innovative aspects of the Reuse System · News releases to be used as progress reports throughout the second year of prototype operation, predesign, construction, and Reuse System start-up. 1OB Activities Task 3.3.1 Issue Identification with Project Neighbors Task 3.3.2 Preparation of Curriculum Material Task 3.3.3 Preparation of Fliers and News Releases Task 3.3.4 Preparation of Video Deliverables · Curriculum material pack for use in schools and general public awareness campaigns · Flyers/Outreach reports for mailing to newspapers and general public · Video · News releases Scope of OWNER Services · Review of material · Final distribution of material · Provide Spanish and Russian translations. If desired, this task could be a consultant responsibility, but would constitute a scope/fee enhancement. Task 4-NPDES Permitting Assistance Including Temperature and Mixing Zone The objective of this task is to continue assisting the OWNER with lqPDES permitting. The OWNER has submitted a permit application. DEQ is currently performing modeling of the Pudding River to update the TMDLs and is developing a draft permit. The continued assistance will consist of ongoing negotiations with DEQ, .review of draft permits, and preparation of support documentation for DEQ and Oregon Environmental Quality Commission (EQC) approval. ~WO(X:)eURNH 31395~VDSPJ~'O1.OOC 16 2/4/97 Exhibit "A" Page ~ of 4/. 2.. C~'y OF WOOO6UI~,.~--POPLAR TREE WATER ~EUSE TASK ORDER NO. 1 To negotiate permit conditions, review DEQ modeling results, and discuss permit review comments, it is assumed that attendance at up to eight (8) DEQ meetings will be required. Meeting notes will be summarized and distributed to attendees. It is assumed that meetings with OWNER staff to prepare for the DEQ meetings will also occur. NPDES permit application support documentation addressing temperature, mixing zone dilution waiver, mixing zone using full width of stream, mass load increase, and metals effects on fish and Pudding River will be provided. Support includes field survey, Oregon Department of Fish and Wildlife (ODFW) and interagency meetings, and environmental assessment of Pudding River. Support documentation includes Pudding River field work (at the ouffall location), and aquatic impacts assessment. A biological study to address the mixing zone using the full width of the Pudding River for dilution will focus on whether or not the mixing zone will impede upstream anadromous fish passage in areas downstream from the existing effluent outfall, based on existing ODFW classification of this segment of the Pudding River as supporting anadromous fish passage, but not containing documented use of potential anadromous fish spawning and rearing habitat. The study will place particular emphasis on salmonids. It is assumed that the Biological Assessments pursuant to the Endangered Species Act will not be required. Background information on the Pudding River will be compiled. Consultations with ODFW and DEQ staff will be conducted by telephone. The data collected will be analyzed in terms of dilution waiver, mass load increase, temperature, mixing zone, and specific metals. A draft and final technical memorandum will be prepared summarizing the results The technical memorandum will be approximately 20 to 30 pages. This analysis is based on the following assumptions: o The draft permits developed by DEQ will be reviewed. It'is assumed there will be three (3) permit iterations, and three (3) meetings with City staff concerning comments. Written comments will be provided. One Public Hearing and one EQC meeting concerning the Woodbum permit will be attended. Other meetings related to the permit and design will be attended. It is assumed up to five (5) miscellaneous meetings with the City will occur. A draft Surface Water Temperature Management Plan will be prepared assuming discharge to the poplar tree plantation in lieu of demonstrating that the beneficial uses of the receiving stream would not be impacted or affected. (This task would be based on an allowance. This is the first plan in the state to be submitted to DEQ and the level of effort cannot be guaranteed at this time.) Coordination with other agencies is included in this allowance. The surface water temperature management plan will be developed to the extent that budget is available. 1. The analysis contains conceptual fish mitigation 2. No aquatic resource sampling needs to be conducted 3. A water quality monitoring program is not included 4. Access to the properties, during the field work, is facilitated by the City 5. No environmental modeling is required 6. No review of the TMDL model will be conducted 7. Any water quality sampling will be conducted by the City Field survey is reconnaissance only, similar to modified ODFW field surveys. I.~WOOOeURN~131395~woel~rro1 .DOC 17 2/4/97 lOB Exhibit "A" Page 51 of ~-~. c~rY Ot= ~ TREE WATER REUSE TASK ORDER NO. 1 As part of the temperature management plan, the WWTP facilities will be analyzed for temperature impacts to the treatment plant effluent. A plan for minimizing temperature increases through the treatment facilities will be developed. A brainstorming meeting will be held with plant staff, BCC, and CONSULTANT. City staff will collect field temperature data as needed. A coordination and management subtask is provided to include the overall coordination not aligned with any subtask and associated with Task 4. Activities Task 4.1.1 Attendance at Eight DEQ Meetings on Permit Issues and Preparation of Meeting Notes; Attendance at eight Meetings with OWNER staff to Prepare for DEQ Meetings Task 4.1.2 Preparation of NPDES Support Documentation including Field Survey, Environmental Assessment, Mixing Zone, and NPDES Support Documentation Report (Draft and Final) Task 4.1.3 Review of 3 Draft Permits Issued by DEQ and Written Responses to Draft Permits. Attendance at permit strategy meetings Task 4.1.4 Public Meeting and EQC Meeting Attendance Task 4.1.5 Miscellaneous Meetings with OWNER Staff and Other Consultants (five Meetings) Preparation of Draft Surface Water Temperature Management Plan Task 4.1.6 Task 4.1.7 Task Coordination and Management Deliverables · Meeting notes from meetings with DEQ · NPDES permit application support documentation draft and final report · Written comments to NPDES draft permits · Draft Surface Water Temperature Management Plan Scope of OWNER Services · Attend all meetings · Timely review of deliverables · Attend NPDES permit negotiations · Conduct water quali~y sampling if required Task 5-1997 Demonstration Site Operations, Management, and Maintenance The Woodbum poplar tree demonstration site has been operational for two seasons. During that time, soil, water, and tree data have been collected to evaluate the performance of the demonstration system and guide the development of the full-scale system. In 1997, the trees will be 3 years old. The capacity of the demonstration system at this stage of growth will provide the basis for developing design criteria for the full-scale systen~ The monitoring and operational adjustments performed in 1997 will provide valuable data for lOB Exhibit "A" I.~WOOOBUR~131395~WOeRmO1.DOC 18 Page ,~2, of~.Z 2/4/97 CrrY OF WO(3~U~ W{EE WA3~R REUSE TASK ORO~R NO. 1 designing the full-scale reuse system. Based on 1995 and 1996 operational experience and the scope and character of the desired full-scale operations, the objectives for the 1997 demonstration site are as follows: · Continue to collect data to support full-scale design and operation of the poplar tree reuse system · Rrm the system from June 15,1997 through September 15, 1997 and incorporate sizing requirements that address potential temperature limitations that could disallo~ar effluent discharges to the Pudding River during that period · Replace trees damaged by voles and develop a long-term strategy for controlling voles during full- scale operations · Modify spacing of trees and move the irrigation system into tree rows to improve site maintenance conditions · Test the feasibility of high rate irrigation The following will be included in 1997, as in 1995 and 1996, for the irrigation .operation and maintenance program: · Water quality and quantity instrumentation, monitoring, data management, and evaluation · Irrigation application monitoring, operations management, and reporting · · Tree system monitoring, tree management and maintenance, and reporting · Preparation of annual report · General coordination, operations management, and meetings The following tasks will be perfotn-ted in 1997 to enhance the demonstration project and to enable evaluation of alternative designs for the full-scale system: · Move spray irrigation from between tree rows to within tree rows and thin the east block to approximately 6-f. oot spacing · Evaluate high-rate irrigation lOB Task 5.1 Water Quality and Quantity Instrumentation, Monitoring, Data Management, and Evaluation Water quality monitoring in 1997 will focus on documenting the nitrogen and water movement through the soil profile. To implement this monitoring, the CONSULTANT will install two new nests of lysimeters in the east block (the high-rate irrigation area). These new nests will contain lysimeters at depths of 2, 4, 8, and 12 feet. The nest of lysimeters currently lOCated near the automated time-domain reflectometry CI'DR) instrument in the east block contains lysimeters at depths of 4 and 8 feet. Lysimeters will be added to this nest at depths of 2 and 12 feet. Another nest is located in the west block with lysimeters at depths of 4 and 8 feet; this nest will not be expanded. Water samples will be collected from the existing and newly installed lysimeters every 2 weeks until 2 weeks after the end of the irrigation season. The CONSULTANT will perform I:\WOOOeURN~13139~WOeRNTO 1.00C 19 2/4/97 Exhibit "A" Page cr~ oF ~(~e~-.4,o~,.~ 11~E~ WATER REUSE TASK OROER NO. 1 the first two samplings, and the OWNER will continue sampling the lysimeters for the remaining period. The water samples will be analyzed for total dissolved solids (TDS), total Kjeldahl nitrogen (TKN), nitrite plus nitrate nitrogen ((NO2+NO~-N), ammonia (N/O, chloride (C1), and sodium (Na). The OWNER's laboratory will be responsible for performing the required tests on the samples. The CONSULTANT will coordinate data management and eValuation of the wastewater effluent quantity and quality data provided by the OWNER and the soil pore water quality data obtained from the lysimeters. As part of the evaluation of the water quality data, the CONSULTANT will compare nitrogen movement through the soil profile in the high-rate irrigation area and in the regular agronomic rate irrigation area Activities 5.1.1 Installation of 10 lysimeters 5.1.2 Co~ection of two lysimeter samples and training of OWNER in lysimeter sampling 5.1.3 Water quality data management 5.1.4 Lysimeter data evaluation 5.1.5 Effluent water quality evaluation Deliverables · Training for lysimeter sampling · Analysis and summary of data for annual report · Communications via telephone or memoranda Scope of OWNER Services · Collection and analysis of lysimeter samples, taken every 2 weeks · Delivery of water quality data to CONSULTANT Task 5.2 Irrigation System Monitoring, Management, and Training The CONSULTANT will collect soil mOisture monitoring information from the manually- operated TDR instrmnent the first 2 weeks of the irrigation seasoru The CONSULTANT will train the OWNER to conffnue the collection of the manual TDR readings weekly for the rest of the irrigatio~a seasoru The CONSULTANT will collect automated soft moisture · readings from the TDR and Enviroscan sensors and will download the data to a spreadsheet on a weekly basis for TDR and monthly basis for Enviroscan during the irrigation seasoru The continuously automated soil moisture data will be downloaded and evaluated on a monthly basis from October through December 1997. During the irrigation season, both the manually collected and automated soil moisture data will be reviewed on a weekly basis. The information will be used in establishing the proper irrigation schedules during the irrigation season, and for providing estimates on consumptive use from the trees and indicating trends in the soil moisture movement through the soil profile.. In addition, the CONSULTANT will document the amount of water applied to the tree system by downloading the operations data from the central control system to a spreadsheet. 1OB Exhibit "A' ,.~xxx~u~3~5~w~amo~oc 2o Page _~_ of ~/-2.. 2/4/97 aTY a: WOOOeU~ ThEE WATE~ I~EUSE T.~,S~ OROEn NO. 1 The CONSULTANT will coordinate data management and evaluation of the soil moisture monitoring information and the irrigation system operations. Weekly communications via telephone, will occur with the OWNER. Irrigation schedules will be adjusted over the course of the season to address variations in tree consumption fl~oughout the irrigation season. As a result of the weekly soil moisture evaluation, assistance with up to six irrigation schedule changes will be made over the course of the irrigation season. The owner will be trained in use of the control system and will make the scheduled changes. Before June 15, the CONSULTANT's staff will perform one site visit to start up the irrigation system* This will include closing appropriate drains and isolation valves, reconnecting valve plumbing, and verifying proper system operations and training of City staff in start-up. During the course of the irrigation season, there will also be two site visits to verify proper operation of the irrigation system components. There will be a fourth site visit after the 1997 irrigation season to winterize the system. This site visit will include purging the system components with compressed air to prevent freeze damage and training City staff to winterize The OWNER under the direction of the Consultant will be responsible for operating the system during the 1997 season. As part of the training and technology transfer regarding irrigation operations, the CONSULTANT will provide to the OWNER the computer software necessary to communicate with the ISISTM controller. The CONSULTANT will assist the OWNER with installation of the software on an IBM-compatible computer, equipped with a telephone modem. The software will be installed on the OWNER's computer by the beginning of the irrigation season. The software installed in theOWNER's computer will allow the OWNER to monitor and control the operation of the system. A 1-day training' session with one OWNER staff member will be performed at irrigation start up to provide an overview of the poplar tree reuse system, explain the field system components and their functions, provide training in the manual system operations, provide training in the automated operations of the system through the ISISTM controller, direct the start up and winterization procedures, and provide background concerning the common troubleshooting issues. The OWNER Will be trained and equipped to operate the system and will perform operations of the irrigation system. The OWNER will begin operations and maintenance with the training at irrigation startup. A sum~_ary report on 1997 irrigation operations, management, and maintenance will be incorporated into the annual report prepared by the consultant. Activities 5.2.1 One Site Visit for System Start Up 5.2.2 Training on Irrigation System Operations and assistance with up to Six Schedule Revisions 5.2.3 Four Site Visits to Verify Proper Operation during the Irrigation Season 5.2.4 5.2.5 5.2.6 5.2.7 5.2.8 5.2.9 Collection of Two Samples of TDR Data and Training of OWNER Automated TDR and Irrigation Application Data Collection TDR and Irrigation Application Evaluation and Documentation Training and Technology Transfer in system operations One Site Visit for Irrigation Winterization and training in Winterization Summary Reporting lOB ~:\WOOOSURN~131395~WOeR~ro1JXX; 21 2/4/97 Exhibit 'A" Page._~.~- of ~-Z C3*Ty O~ ~(~-4~ TREE WATER R~:USE .TASK ORDE.R NO. 1 Deliverables · Monthly data on water applied through September 15, 1997 · Monthly data on soil moisture through December 1997 · Software and training in use · Summary of irrigation operations and maintenance in the annual report lOB Scope of OWNER Services · Staff to participate in training and technology transfer · Operation of the system · Weekly collection of manual TDR readings · Delivery of information to CONSULTANT Task 5.3 Tree System Monitoring and Maintenance The tree system maintenance for 1997 will consist of replanting areas of vole damage, providing one in-row herbidde treatment, and providing direction on the mowing required throughout the year. Tree system monitoring will include soft/plant sampling, analyses, and interpretations; plant growth analyses; and tree' data for the annual report. Two soil samples will be collected after the irrigation season by the consultant and the owner will be trained to sample soils. Following the irrigation season, the CONSULTANT will perform a population count, statistical growth measurement for four selected varieties, and collect, analyze, and evaluate four tree tissue samples for nitrogen and nutrient make up. The OWNER will be trained in tree tissue sampling. The CONSULTANT will coordinate data management and evaluation of soil and plant analysis. The CONSULTANT will evaluate and summarize information gathered about the tree system and summarize in the annual report. The Consultant will identify 7- to 10-foot whips to replant in vole damaged areas. The whips will be obtained from the trees removed for density-adjustment thinning in the east block (see Task 5.4). The CONSULTANT will direct the OWNER in the selection of whips by flagging trees To remove during the thinning. The CONSULTANT will also direct the OWNER in the replanting of the selected whips. Herbicide treatments are required to assist in controlling the weed and vole problems. The CONSULTANT will provide the first herbidde spraying and a memorandum describing the desired methods and locations for the applications so the OWNER can provide future spraying. In addition, the CONSULTANT will provide direction to the OWNER on desired mowing. The OWNER will repair sprinkler heads damaged during mowing or other operations. The CONSULTANT will document in a mernorandum info .rmation and direction to the OWNER for establishing a stool bed for propagation of poplar tree stock from tree cuttings at the beginning of the season. Cuttings harvested from trees removed from thinning can be used for stool bed plantings. OWNER staff will be directed in methods for harvesting cuttings. Activities 5.3.1 Flagging Damaged Trees to Be Replaced 5.3.2 Two Soil Analyses and training in soil sampling 5.3.3 Four Tree Tissue Samples and training in tree tissue sampling 5.3.4 First Time Spraying 1.4,WOOOOURN~131395~01 .DOC 22 2/4/97 Exhibit "A" Page ~ of ~ CiTY OF V~/REE WATER I~EUSE TASK ORDER NO. 1 5.3.5 Direct OWNER in Herbicide Applications and Mowing 5.3.6 Technical Memorandum on Developing Propagation Area for Trees and Cutting Harvest 5.3.7 Two Tree-Related Site Visits and Meetings 5.3.8 Documentation of Tree System Performance in Annual Report Deliverables . Direction in collecting 7-foot Whips: harvested from trees removed in thinning at the Woodburn demonstration site Evaluation of the tree system and summary for the annual report Memorandum on herbicide applications and mowing Memorandum on stool bed preparation Scope of OWNER Services Planting in stool bed and cutting harvest · Mowing · Herbicide applications · Vole control · Repair of damaged sprinkler heads · Tree thinning, whip harvest, and replanting lOB Task 5.4 Irrigation and Tree System Modifications The irrigation system and tree system ~ be modified to improve site maintenance access. The following are the recommended modifications to the irrigation and tree system in the east block for 1997: · Thinning of the trees to approximately 6 feet along the rows · Moving the sprinkler system into the tree rows · Relocating the soil moisture probes The CONSULTANT will provide direction to the OWlXIER for removing the existing sprinkler system in the east block. The OWNER will perform the required removing of the existing irrigation .system in the east block. Adter removal of the irrigation system, the CONSULTANT will provide direction for tree.thinning by flagging trees to be cut and directing the OWIXIER in implementing the thinning. The OWNER will perform the required thinning w~thin the tree plantation. After completion of the thinning, the CONSULTANT will perform herbicide spraying outlined in Task 5.3. The CONSULTANT will then provide direction to the OWNER for moving the existing sprinkler irrigation system to the tree rows. The OWNER will re-install the micro-spray sprinkler system down the row of trees. It is assumed the CONSULTANT will provide two staff members for 2 '~lays during the tree thinning and adjustments to the irrigation system The CONSULTANT will relocate the soil moisture monitoring probes to ensure proper data collection, as necessitated by changes to the tree system. In addition, the CONSULTANT will install a pressure sensor in the system and tie it to the irrigation controller. If the pressure sensor records a low pressure caused by a line break, the system will automatically turn off and a warning light will be activated to indicate shut down of the system. I:~WOOOOURN~131395~WOeRNTO1.OOC 23 2/4/97 Exhibit "A" Page 57 of 5/-Z CITY OF WOOOBUI:~N~-.POPI. AR TREE WATER REUSE TASK OROEFI NO. 1 Activities 5.4.1 Direct OWNER in thinning of trees 5.4.2 Provide Direction to OWNER for Removal and Re-installation of Irrigation System 5.4.3 Adjustments to Soil Moisture Monitoring Probes 5.4.4 Installation of Pressure Sensor, Warning Light, and Control Modifications Deliverables · CONSULTANT staff onsite 2 days to guide OWNER in tree thinning and relocation of irrigation system to tree roWs Scope of OWNER Services · Thin trees · Remove and relocate micro-spray system Task 5.5 High-Rate Irrigation Evaluation The 1995 annual report recommended upgrades to the demonstration site. One upgrade was to test the feasibility of applying higher than agronomic rates of water over the site. In 1997 the east block will be irrigated up to 100 percent higher than the agronomic rate. No modifications to the existing sprinkler irrigation system are proposed except that it will be relocated. The high-rate irrigation will be accomplished by increasing the irrigation time of the east block. Irrigation will occur in alternating on/off cycles, evenly spaced over 24 hours. On the west block, irrigation will also occur in alternating on/off cycles, evenly spaced during the day, but over a 12-hour period. Irrigation schedules will be adjusted over the course of the season to address the high-rate application test in the east block. In addition to the six agronomic rate schedule adjustments allotted for the irrigation system, up to four high-rate irrigation schedule changes may be made over the course of the irrigation season. The consultant will advise the owner in irrigation schedule changes. The amount of water applied to the tree system in the high-rate irrigation area will be documented on a monthly basis by downloading operations data from the central control system to a spreadsheet. This water use data and the water quality data from the high-rate irrigation area will be used for the documentation of nitrogen and water movement through the soil profile (see Task 5.1). Activities 5.5.1 Advise on up to 10 Adjustments to the Irrigation Schedule 5.5.2 Collection of Irrigation Application Quantities 5.5.3 High-Rate Irrigation Data Evaluation Deliverables · Evaluation of high-rate irrigation in the annual report Scope of OWNER Services · Adjustment of irrigation schedules · Monitoring for ponding 1OB Exhibit "A" L'~WOOOOURN~131395~WOeRm01.00C Page ~ of 4/~.. 2/4/97 CRY OF v~(~tle~-~3~b~ ~ WA'IER REOSE TASK ORDER NO. 1 Task 5.6 Preparation of Annual Report An annual report will be prepared by the CONSULTANT to summarize the information gathered during 1997 for the Woodbum poplar tree demonstration site. Specific items discussed in the annual report will be water application, soil moisture monitoring, water quality, plant analyses, soils analyses, estimated nitrogen uptake, and implications for the 'full-scale design. A draft report will be prepared and five copies sent to the OWNER for review. A review meeting will be held to discuss review comments. Appropriate comments will be incorporated into a final report- Ten copies of the final report will be provided to the OWNER. Activities 5.6.1 Prepare Draft Annual Report 5.6.2 Review Meeting with OWNER and DEQ 5.6.3 Prepare Final Annual Report Deliverables · 5 copies of draft report · 10 copies of final report Sc0, Pe of OWNER Services · Timely review of draft report · Copy forwarded to DEQ · Coordination with DEQ Task 5.7 General Coordination, Operation Management, and Meetings The CONSULTANT will participate in six site visits, 4 hours each, to meet with the OWNER and discuss progress at the demonstration site. In addition, weekly coordination meetings via telephone conference calls will be conducted to coordinate and manage the execution of the work, discuss the evaluation of the information, and address required adjustments to work performed at the demonstration site. Activities 5.7.1 Weekly Coordination Meetings (Telephone Conference Calls) 5.7.2 6 Site Visits and Meetings with OWNER 5.7.3 General Management Deliverables · None Scope of OWNER Services · Meet with CONSULTANT during six site visits · Be available for weekly conference calls 1OB ltWOOOOUI:~131395~WOORt~'O1 .[X)C 25 2/4/97 Exhibit "~" Page ~ of ~ cr~Y oF w<~l~gL~--~3~9 TREE WATER REUSE TASK OROER NO. 1 Task 6--Project Management This task includes project management activities to guide the execution of the work and to monitor performance against accepted budget and schedule. Project management will also include general coordination and communication with the consultant team, the OWNER, and other interested parties, and administration of the CONTRACT. The invoices will show for each task the staff names, hours, and cost per person, expenses, fee remaining, and summary of budget. Format will be similar to that used for the Woodbum Wastewater Facilities Plan. Activities Task 6.1.1 Task 6.1.2 Task 6.1.3 Task 6.1.4 Task 6.1.5 Prepare Brief Project Management Plan (PMP) Hold project kickoff meeting Prepare Monthly Status Reports with Percent Complete and Progress to Date Perform General Project Management Activities (i.e., Team Supervision, Coordination, Meetings,' Track Progress and Monitor Budget and Schedule, Manage Quality Control) Administer the CONSULTANT and OWNER CONTRACT Deliverables · Project management plan · Monthly status reports · Invoices by staff hours and dollars by task (format to be defined by OWNER and CONSULTANT) Scope of OWNER Services · Timely approval'of invoices Review of management plan and progress reports · Timely communication of concerns about progress report C. Additional Scope of OWNER Services lOB The OWNER will provide the following services in addition to the general services defined in the original contract and the specific services defined in each task: · Give thorough consideration to all reports, schedules, budgets, and other documents presented by the CONSULTANT, and inform the CONSULTANT of all decisions. · Advise the CONSULTANT of changes or additions needed to satisfy the program objectives so that Consultant may prepare modified scope and budget. · Coordinate communications with other OWNER depa~CuLents, consultants, and other involved parties. · Provide access to any relevant aerial photography and CAD files. I:\WOOOe~131395'~WDSRN~O1 .Doc 2/4/97 Exhibit "A" Page~0 of ~.~. CITY OF WC~(~JJR~-PC¢~ TREE WATER REUSE TASK ORDER NO. 1 D. Time of Performance 1OB The CONSULTANT and OWNER have discussed the Task Order No. I scope and services and the Phase I project schedule shown in Table 2 below represents a reasonable time frame over which these services are to be performed. Table 2 also provides duration after the notice to proceed for the spedfic key milestones. Table 2: Phase I l~ect Schedule Milestone Duration Duration After Notice to Proceed ....P.. _~..~!~..ok[un~s~.__,_s. ~L~? .............................................................................................................. __ C__~.r..d_'m~a.b_o.n...m~ee~__~ 1 da~. 2 weeks ._._Sj~.S~_.[~_on..a~t_ d.__.~...._~.~.,,L?_v,~fi.~, tions 1 month ! 1/2 months Der~ ~e .~.~~.;._~.d_ D~ ~_.C_~_~e~a 2 ~ 2 monks Predesign Documents Draft 2 mont~ 4 months Final 2 weeks 5 months Preparation of Manag~nent Plan Iackoff Meeting 1 day 1 month Draft plan 1 month 3 months l=mal Plan 2 weeks 4 months ___S_~t.~.I_M_.__~_L ................................................. !..cl..al ......................... _5....m_o...~_.~ ........................ Public Involvement Process Strategy Meeting 1 day 3 weeks Development of Interpretative Signs/Display 4 months. ___~_ ?_e..a...ch....M..a_t,--~ ............................................................. _t..m_o..~_t~_ ..................... Permittinl~ As required Eli Project Team The key project team members with their roles and responsibilities are as follows: John Filbert Daria Wightman Mark Madison Jeff Nuss Alicia Lanier Linda Macpherson Jerry Hildenbrand John Dickey Patty O'Conner Henriette Emond Dave Collins Lou Licht/Ecolotree John Warinner/Fountainhead Senior Value Engineering . Project Administrator, Technical Advisor and Permitting Task Leader Project Manager Assistant Project Manager/Predesign Task Leader Effluent and Biosolids Management Plan Task Leader Public Involvement Task Leader Electrical Design/I&C Soil Scientist Hydrogeologist/Groundwater Work Pipeline and Pump Station Predesign Drip Tube Analysis Tree System Predesign Irrigation, Filtration Headworks, and Monitoring and Control Predesign t:\WOOO~URN~131395~W~eR~rO1 .DOC 2/4/97 27 Exhibit 'A" Page ~-! of ~.,- CiTY OF ~ TREE WATER REUSE TAS~ ORDER NO. 1 Compensation 1OB The compensatio.n for services set forth in Task Order No. I shall be based on actual labor and expenses in accordance with Article 2. Compensation of the Agreement for Professional Services. A budget of $619,200 is hereby established for this task order coveting the Phase I scope of services. The budget breakdown is shown in Table 3. The task level budgets may be re-allocated amongst tasks at the discretion of the project manager and with authorization from the CLIENT. The total cost for the remaining phases will be negotiated at a later time when the p .r~lesign better defines the scope of services required. Conditions for payment are as described in the original contract. Table 3 Estimated Budget for Task Order No. 1 Description Total Task 1- Pr_ed_e~_iugn of Full_S_c~l__e_Sl/stem Task 2- Preparation of Effluent Management Plan Task 3~ Public Involvement Process $215,600 s_,700 Task 4- DEQ_Pe _rm_i_tti~_ g,_T_e_m_l~__ra_tu_r_e,__a~_ d.Mixing_Zone Task 5- 1997 Demonstration Site Operation Task 6- Project Management Total- Task Order No. 1 with Contingency (10%) $149,100 $69,600 $46,100 $619,200 G. Other Conditions and Requirements 1. Signature of Authorization City of Woodburn, Oregon By: Title: Date: 'Date: I.'kWOOOSURI~ 131395~WI:)SRNTO 1 .DOC 28 2/5/97 Exhibit 'A" Page ~. of MEMO To: From: Subject: Date: City Administrator for Council A~ion ~..~. Randy Scott C.E.Tech III, through Public Works Director East Hardcastle Storm Sewer/Centennial Subdivision January 24, 1997 10C RECOMMENDATION: It is being recommended that the City Council accept the $12,000 for storm sewer improvements on East Hardcastle as requested in the attached letter from Mr. Ronald Smith and use these funds to supplement city's planned East Hardcastle Storm Sewer Capacity improvement to be constructed this year. BACKGROUND: The existing 12" dia. storm sewer within East Hardcastle collects runoff from surrounding streets in addition to Hardeastle such as Greenview Drive and Orchard Lane, in the past these streets have experienced flooding because the system does not have the capacity to convey the existing mnoffto the larger 24" dia. storm sewer on Cooley Road. Centennial Park Subdivision was approved in 1991, as a condition of approval the development is required to install a storm sewer of sufficient size to convey the additional runoff from the development. The existing East Hardcastle storm sewer can not be allowed to receive additional runoff from any new subdivision. The city is in the process of preparing bid documents for the installation of a 24" dia. Storm Sewer that in conjunction with the existing 12" dia., will provide for existing and future flows iaeluding the Centennial Park Subdivision. The project is planned to be bid within the next two weeks and brought before the Council for the acceptance of the low bid and award of the contract at the regular schedule meeting on March 10, 1997. Therefore, staffis recommending the council accept the $12,000 to fulfill the developers obligation rather then the installation of an additional small diameter, shallower storm sewer to convey the on-site runoff. Further, upon approval of engineering plans, staff will issue the proper permits and allow the construction to start for the on-site utilities and streets. This money is in addition to all fees required for the development and is beneficial for the developer as well as the city. Attached is a vicinity map showing the proposed storm sewer improvement January 23, 1997 'l OC CENTENNIAL PARK SUBDIVISION Attn: Randy Scott Request to proee~ with improvements for Centennial Park Subdivision. Project has been approved by City Planning Commission and City Council. We have been advised, by City of Woodburn Public Works there is a undersize storm drain on Hardeastle Street and City will like to improve it. Our share of cost of the additional drain improvement for the four lots on Hardcastl¢ Street is $12.000.00. The City will be doing the required process for Hardcastle Street portion of improvement to storm sewer. It continues to solve for not only Hardeastle Street but also for Greenview and Orchard Lane. It is our understanding that the public process does take additional time and it will create some delay. We request acceptance ofour share or'improvement cost so we may start immediately and proceed with on site development of our property. To my understanding Hardeasfle storm sewer project will be added soon by he City and construction is expected to be complete by next summer of 1997. I will be sending a check of $12,000.00 as soon as the city officially accepts the proposed plan and authorizes us to proceed with our'development. All development fees as required will be paid at the time of obtaining permits. Time is ofimpm~anee and we request that authorization to proceed with the project be given as soon as poss~le. Thank you. Ronald A. Smith 0 S880O ~9~0 f~ 0 Jzo. O IT! .' '. ~' .. ': .' '...~;t :. . '.' , ~2 ,~'~...~,.." .... . ~..'....' ..: ;, -;~'; .. · IOD MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager Bid Award for Interior Cleaning and Painting of Elevated Water Tank February 5, 1997 City of Woodburn Bid Number 97-06 for interior cleaning and painting of the 750,000 gallon elevated storage tank will be opened at 2:00 pm on February 10, 1997. It is anticipated that an award recommendation will be provided prior to the scheduled council meeting at 7:00 pm that day. If there are any irregularities or if additional evaluation is required the award recommendation will be postponed until February 24, 1997. BACKGROUND: The original coal tar interior coating system of the large water storage reservoir is failing in some locations and needs to be replaced. It has also been determined through testing that this coating system does contain lead. The proposed work will involve removal and approved disposal of the existing interior coating and replacement with an epoxy based coating system. The specifications also includes structural work to improve the fall protection system on the tower to comply with current standards. The older, small reservoir will provide system pressure while the repair work is completed on the larger tank. The work needs to be completed prior to the high water use season. It is planned that the work would be completed and the tank returned to service no later than April 30, 1997. 11A ~1o6197 A/P C~ECK LISTII(G FOR ~ RONTH OF JANUARY 1997 Page 1 (:beck lhmber 35196 35197 35198 35199 3520O 35201 35202 35203 35204 35205 35206 35207 35208 35209 35210 35211 35212 35213 35214 35215 35216 35217 35218 35219 35220 35221 35222 35223 35224 35225 35226 35227 35228 35229 35230 35231 35232 35233 35234 35235 35236 35237 35238 35239 35240 I~S~ACE 18~ER-V~V~O~S PEin/ SUPPLI~ PA~~ S~A~ VOID VOID VOID S~C~/S~ 8~C~-V~ ~-L~Y S~-~ S~C~ ~P~-~Y S~-~C ~ ~-~LICS T~ S~~IL Vendor Vendor Ntmber Check - Date Written Amount of Check UNI?ED STAIT.5 POSTXL SERV 020089 1/02/97 1,000.00 CITY OF r~IX)I)K)RN 015255 1/06/97 131.66 ~ R03[ PRODUC'I'S 022427 1/07/97 4,100.39 JO~C~ I~L12Y 012065 1/07/97 16.50 LEtO)E OF ORE(ON CITIES 060090 1/09/97 448.65 V~IJ,~Y I~ILIN6 SERVICES 021044 1/09/97 482.24 VOID VOID VOID VOID VOID VOID Cl~ OF ta)ODBma WR DEPOSIT SOSE 1/10/97 40.00 PACIfiC Pm(~U{ ~LmOr~ ~ ~osE 1/lO/97 50.00 JUDITH ~ NONE 1/10/97 50.00 ~ SIGS C'IUffER ISC ~b*S 1/10/97 26.00 V~.WERS mOD PRODUCTS ASSOC ~t[E 1/10/97 39.95 A & A ~ COm'ROL ISC OO0011 1/10/97 170.00 ~ & E IFAGIIIG 000017 1/10/97 71.50 AIR YOq~H CELLULAR 000113 1/10/97 10.43 AIR TOUCH PAGING 000115 1/10/97 10.98 ~ U~IFORH SERVICE IBC 000534 1/10/97 157.75 AT & T 000623 1/10/97 245.84 ~ & ~ O0107O 1/10/97 7.50 BECk,Ti[ & KOFFEL 001174 1/10/97 12,159.00 BI-llART 01~Ol~TIO]t 001275 1/10/97 24.73 B.P.S.$.T. 001390 1/10/97 50.00 ~ & em~LL OO1573 1/10/97 55,032.37 CAP~m T~= 002U3 1/10/97 82.80 CiliaRY CITY I~.]~"TRIC L~C 002424 1/10/97 20,110.56 (~i-HILL 002478 1/10/97 16,445.65 01~TAL FAll[ SOPPLY 002625 1/10/97 79.20 (~ ~ 002887 1/10/97 260.50 CRA~ & N]~ETH 002896 1/10/97 5,105.29 (]LI~ ~ION ASSOC 002906 1/10/97 180.00 CTL (X)RI~TIO~ 002926 1/10/97 215.00 DEPT OF gIWIR QUALITY 003205 1/10/97 86,667.00 ERNST IlAI~ARE 004360 1/10/97 140.50 FRI]~ PRAIRIE IIISTORIC&L 005339 1/10/97 50.00 ClE~O SI~VI~S 006062 1/10/97 2,643.00 BARRIS A]~ EIDE 007095 1/10/97 1,000.00 mDOSTEUL S~L¥ O0 008090 1/10/97 90.50 II~STRIAL ~tlR~II~ SUPPLY 008100 1/10/97 140.91 JILL OF TRADES 009098 1/10/97 137.24 JOB $IOl~ INC 009119 1/10/97 867.90 I~DALL O LAI~ 011029 1/10/97 643.50 LEA~E OF ORI~O~ CITIES 011110 1/10/97 1,061.00 LILY'S MARKET 011240 1/10/97 30.00 210,276.04 · llA 2/o~/97 I/P ~ LIS~II~ 1~ ~E ~ OF JUtU~/1997 Page 2 35241 35242 35243 35244 35245 35246 35247 35248 35249 35251 35252 35253 35254 35255 35256 35257 35258 35259 3526O 35261 35262 35263 35264 35265 35266 35267 35268 35269 35270 35271 35272 35273 35274 35275 35276 35277 35278 35279 35280 35281 35282 35283 35284 35285 35286 Vendor l~a~e Vendor Number C~ck - Date ~ritten I~I ~ I]iC 012015 1/10/97 I~I]~i~ SOI~E 012045 1/10/97 MtRI~ CO01~ B~ I~ 01~ 1/10/97 ~ ~ FI~ S~V 01~40 1[10/97 ~ ~ 0124~ 1/10/97 ~tn~ ~m o~ ~ nG 0m~ UZ0/~7 ~ 0m~ ~/~0/W ~ L~ ~ ~~ 0~3~5 1/10/97 ~ ~t~ ~ on3~ Um/~7 ~ ~ o~rc~ oN~ ~/10/97 ~ ~ o~ ~ 0N~99 Um/97 ~ D~ oF ~ ~ 0N240 ~/~0/97 p~c~[c ~m ~PLY 0~40 ~/~0/97 Pt~ OF ~ ~ 0~5~0Z ~/~0/W PZ~ ~ o~53~ U~o/w ~ G~ ~C 0~420 1/10/97 ~ a ~ ~ og o~ o~7~3 ~/~o/97 ~ ~ ~~ 018310 1/10/97 S~ ~ ~I~ 018463 1/10/97 SILV~ ~ ~ 018464 1/10/97 ~ ~A~ ~ o~86~o ~S~ ~ 0188~7 1/10/97 ~ ~I~ ~C 01~20 1/10/97 ~ ~ ~ ~ o~9~ U~o/w ~:~Ig ~ OIL 02~10 1/10/97 ~ DIS~ S~Cg 0~20 1/10/97 ~.s. ~ ~~t~s o~l ~/lo/w ~.~. ~ ~~I~S o~5 1/~o/97 V~ ~ ~ 0210~ 1/10/97 W~u~CE ~ 0~27 1/10/97 W~ ~ I~ 02~35 1/10/97 ~ PAG~ 022163 1/10/97 ~ ~ ~ &IR ~ 0~4~ 1/10/97 ~~ ~A~ 022478 1/10/97 ~ ~S~ 0~ 1/~0/97 ~ ~~ 0~630 1/~0/97 ~ o~z~ ~L~ 022670 U~o/w ~ ~r~ 02403 Vu.L~ ~L~ S~C~ 021044 1/17/97 VOID VOID VOID ~OID VOID VOiD ~ount of Check 125.00 758.00 10,714.41 1,200.62 1,125.99 599.67 6,986.00 138.00 18,648.83 1,605.00 3,013.27 370.00 2,110.78 33.75 194.00 15.90 302.25 23,722.22 642.92 302.42 75.00 70.79 176.59 23.70 113.75 328.80 264.88 560.65 434.26 4,265.91 9.70 36.94 62.43 62.25 4,632.00 32.00 41.50 24.00 112.40 72.50 430.00 202.55 329.92 325,247.59 2/06197 ~/PCIIE~ LISTING FOR ~HE P~3~iOF JANUAR~ 1997 11A Paqe 3 35287 35288 35289 35290 35291 35292 35293 35294 35295 35296 35297 35298 35299 3530O 35301 35302 35303 35304 35305 3530~ 35307 35308 35309 35310 35311 35312 35313 35314 35315 35316 35317 35318 35319 35320 35321 35322 35323 35324 35325 35326 35327 35328 35329 35330 35331 35332 REFUND-~A T ER / $ ~WRR REFUND-WATER/SEWER S~VI~ S~-V~S S~VI~-~ S~I~-~ S~C~-V~S S~I~ S~VI~-S~ S~PLI~-L~Y ~PLI~-~R~ S~VIC~-~ S~VIC~-~LI~ S~-L~Y ~~IL ~Y ~-V~S ~-~LI~ S~VI~-V~I~S S~VI~-S~ S~-S~ S~VI~-F~H ~-~S/Dm S~PLI~-~ S~PLI~-~LICE Vendor Nam~ Vendor lumber Date Written sma 1/17/97 iiALTOll DEVELUPM~ NONE 1/17/97 CAH)LYIIBI~XI[ NONE 1/17/97 BUR(IHAR~ & CO MONE 1/17/97 ~YSON FAI{RiH~ NONE 1/17/97 WO0{)1301{~{ LIB~/d{Y NONE 1/17/97 $ILVI~I~?WI~~ NONE 1/17/97 CHOS R3OMi)A'I'ION NONE 1/17/97 AIR T(IXIiCEI/IILAR 000113 1/17/97 AMYI~OREO~ lAC 000400 1/17/97 AP, IliA~UNIFO~SERVICH INC 000534 1/17/97 A? & ? 000623 1/17/97 A?&? LAMGUAOE Lille SERVZC~ 0(0)659 1/17/97 BEN-.KO-MATIC INC 001200 1/17/97 CI{2H~ {302477 1/17/97 CH2{{~I~ {){)2478 1/17/97 (3I~U{E & IIERSEi'H 002896 1/17/97 D~{I)~J3LE PI{I]F~F~{~ INC {)03140 1/17/97 DBP~OF ENV3~i~AL[~ 003205 1/17/97 ENVIRO~.~# ~QUI'H4ENT 004206 1/17/97 ERNST HARDWARE 004360 1/17/97 O.K. MACHllI~ 006009 1/17/97 GEI~DOSE]{VIC~I}~C 00{5062 1/17/97 GI~{E~AL EXJ~IC~IY~ 006079 1/17/97 ~ I]{I){]S~I~J~ F~Ab~I~ 0{)7084 1/17/97 HARRIS UlfffOl~ 007090 1/17/97 IN]XLS~I,IACHININGCO 008075 1/17/97 ]XONaPI AL OOm8 1/17/97 IKON OFFICE SOLUTIONS 008119 1/17/97 JOB SHOPPEIU3 IIiC 009119 1/17/97 LA GRAND IEIES~IAL SUPPLY 011025 1/17/97 LAIID~ & ~FA INC 011032 1/17/97 LR~GUB OF OREOON CIYI~ 011110 1/17/97 LAw mc ox o11175 1/17/97 SERAU) ~IMBA~ 011190 1/17/97 ~(]~III]{CI~3WI)~CO 011230 1/17/97 LUNG LIFE LIOlfflNGOF~EGON 0113~ 1/17/97 U~2EIF~ YBC{{]IO{~3GI~ 011370 1/17/97 H~J~IONCOO]{T~FI£~ALSV(~3 012140 1/17/97 HAl{ION i~IVII{Oi{I{I~Y~ S~VICE 012227 1/17/97 H~qoNS ~PLYCO 012250 1/17/97 ~YEP~]3{G C0#P[]~{~3 INC 012260 1/17/97 14]~Y~{O~~ 012448 1/17/97 14I(]LIE 012456 1/17/97 H{3~:)ROLA 012625 1/17/97 140{3]~1~]]~ I~U~I{{~EI) 012670 1/17/97 Amount of Check 34.10 10.90 6.20 42.28 14.80 20.00 3~195.00 105.00 6.95 279.00 139.86 17.39 268.08 376.80 4~882.81 ~1.91 3~100.00 750.15 35.00 14,500.~ 1,612.27 129.51 5,504.00 136.~ 1~781.13 4.00 67.50 141.~ 1~4.20 210.00 541.{)0 70.00 119.50 124.90 180.00 649.02 582.17 12.20 600.00 249.{30 244.02 165.37 229.50 48.00 368,587.87 ' ' ' 11A 21o6197 A/P CHECK LISTING I~ THE ~ OF JANUAN¥ 1997 Paqe 4 Check lltmber 35333 35334 35335 35336 35337 35338 35339 35340 35341 35342 35343 35344 35345 35346 35347 35348 35349 35350 35351 35352 35353 35354 35355 35356 35357 35358 35359 35360 35361 35362 35363 35364 35365 35366 35367 35368 35369 35370 35371 35372 35373 35374 35375 35376 35377 35378 Budgetary Account ~u~er D~ES-PANKS SUPPLIES-LIBRARY SEIWIC~-VARIC~S ~-P~ ~I~ S~C~-~ ~LI~-L~Y S~C~-~ D~ FI~ FEE-F~ S~I~-~ S~P~-P~ ~PLI~-A~Y S~P~ ~LI~-S~ S~I~-P~ S~I~ P~ ~-V~I~S P~~ VOID VOID VOID ~T~/S~ S~LI~-~B~g ~~-~LICE S~-A~ S~VI~-~S S~VI~-P~ ~LI~-~ S~PLI~-LI~ Vendor Marne Vendor Number Check- Date ~ritten Amount of C~eck NA?IO~ALP~& PARKA SS(X: 013090 1/17/97 205.00 OFFIC~ DgFOT 014029 1/17/97 1,139.70 ONE CALLCOIICEPTS INC 014054 1/17/97 34.20 OREGOI4 ANALYTICAL LAB 014107 1/17/97 125.00 OREGON I{RM.YHDIVISIOI{ 014311 1/17/97 35.00 OR RI~2RRATION & PARKS ASSOC 014431 1/17/97 290.00 PACIFIC ~ BOY'I'LED WA~q{R 015059 1/17/97 24.00 FOR~LANOG'E]IERAL EML~YP. IC 015420 1/17/97 8,737.29 PRES~3IIGATES& gIT.IS 015489 1/17/97 401.69 SANFROl{ SUPPLY CO 018020 1/17/97 26.14 RANDALSAUNOi~ 018189 1/17/97 143.35 SECRETARY OF STATE 018348 1/17/97 200.00 I ROBRI~ SHIELDS 018450 1/17/97 5,612.50 SHOI~-T~C Il~ 018452 1/17/97 95.00 DON SPRAGUE SAM~S INC 018705 1/17/97 40.00 SPRIII~ R(YI'H]{AI{{ER IFiL INC 018713 1/17/97 112.94 STA~ CO{]RY ADI{INISTRA~OR 018745 1/17/97 35.00 UNGCAL:ERIIIEGRANANOIL 020010 1/17/97 1,222.04 UNIFIED SI~iB]L~GE AGEIICY 020014 1/17/97 192.33 UNITS EQ{]IP#ERT ACCESSORIES 020022 1/17/97 706.38 USA BLUERO0~ 020046 1/17/97 503.81 US PO~TAL SERVICE 0200~0 1/17/97 100.00 U.S. WEST COig4UNICATIOIIS 020095 1/17/97 130.98 WES~LINKPAGING 022163 1/17/97 403.20 WILCO FARI~ 022292 1/17/97 13.00 WIUAI4E~'I'E SPA SERVICE 022360 1/17/97 70.00 WOODBURM (~{ANBEROF COi{qERCE 022510 1/17/97 500.00 WOODBORM RBN~-ALL 022708 1/17/97 60.00 YRSGRAP}{ICS 024025 1/17/97 185.00 CITY OF WOODBU~ 015255 1/20/97 159.93 IRS ~ 1/21/97 52.02 OR DEFtOF RKv'I~IUE 060030 1/22/97 623.63 VOID VOID VOID VOID VOID VOID ]{ATILII PIATROFF ]K)IIE 1/24/97 41.20 SO~I~ IaJBLIS~ INC ]lONE 1/24/97 175.00 O.C.E.A. NOllE 1/24/97 55.00 ORgOO{{ LAW ll{~ITWE NGIIH 1/24/97 115.00 GP, EATERNOET~EST SERVICES NONE 1/24/97 125.00 ABLE TI~4FORANY SERVICES 000035 1/24/97 440.00 AIR ~N3O(]{~ 000113 1/24/97 179.18 ANERICANPLANNING~N 000270 1/24/97 244.00 A-QUALITY ?YPEWRITER 000420 1/24/97 19.80 ANCESTRY 000428 1/24/97 49.95 ARA}lANK UNIFORM SERVICE INC 000534 1/24/97 111.88 392,323.01 llA A/P (]{!~ LISTING FOR THE MONTH OF JANUARY 1997 Page 5 35379 3538O 35381 35382 35383 35384 35385 35386 35387 35388 35389 35390 35391 35392 35393 35394 35395 35396 35397 35398 35399 35400 35401 35402 35403 35404 35405 35406 35407 35408 35409 35410 35411 35412 35413 35414 35415 35416 35417 35418 35419 35420 35421 35422 35423 35424 Budgetary Account Number SU-FPLIES-V;WTP SERVICES-PUBLIC WORKS SUPPLIES-LIBRARY SUPPLIES-LIBRARY SERVICES-ERG SERVICES-SELF INS OVERPAYMENT-NON DEPT SUPPLIES-WATER SERVICES-ERG SUPPLIES-VARIOUS SUPPLIES-LIBRARY SERVICES-FIMANCE SUPPLIES-LIBRARY SERVICES-POLICE SERVICe-POLICE REIMI3ORSEMERT-RSVP SUPPLIES-WA?ER SUPPLIES-STREET $ERVICES-FINANCH SUPPLIES-POLICE SERVICES-PUBLIC WORKS SUPPLIES-VH4TP SUPPLIES-STREET SERVICES-POLICE SUPPLIES-LIBRARY SUPPLIES-LIBRARY SERVICES-C STORES SUPPLIES-WV;TP SUPPLIES-COURT SUPPLIES-LIBRARY SERVICES-PUBLIC WORKS SUPPLIES-LIBRARY SERVICES-HOUSING SUPPLIES-VARIOUS SUPPLIES-LIBRARY SERVICES-POLICE SUPPLIES-LIBRARY SERVICES-LIBRARY SERVICES-FINANCE SUPPLIES-VARIOUS SUPPLIES-LIBRARY SERVICES-LIBRARY SUPPLIES-LIBRARY SERVICES-WATER Vendor Name Vendor Number Check - Date Written BER'$ R~I~AL IMC 001213 1/24/97 BROWN & CAU)WELL 001573 1/24/97 CARTER'S GUIDES 002185 1/24/97 O{]~{]~E~ACOI~flIIIITY COLLEGE 002410 1/24/97 CH2M-HILL 002477 1/24/97 CIS:C1Tf-CYY INS SERVS 002488 1/24/97 COI{FOI{T ~ 002687 1/24/97 COIL~LIDATEDSUPPLY CO 002770 1/24/97 CRA#~ & I~SETH 002896 1/24/97 CTL CORFOPaTIO~ 002926 1/24/97 DEIICONEDIA 003110 1/24/97 EDEN $YSTI~IS INC 004065 1/24/97 ERNST HARDWARE 004360 1/24/97 FAC~SOll FILE INC 005010 1/24/97 FBINAA 005070 1/24/97 FIRSTLI~BUS~S¥$TEI{S 005141 1/24/97 ~ FOFANA-I)I]RA 005197 1/24/97 H D H3WL~ (30 INC 005210 1/24/97 IN]%N]RE HIIOP 005395 1/24/97 GOVERIIM]~ FINAIICB OFFICERS 006238 1/24/97 I{ARRISUNIFORMS 007090 1/24/97 ]{DR EIJG~ INC 007112 1/24/97 HPCSCIN]ITIFIC & TECHNOLOGY 007189 1/24/97 ]{I~.INE I{2OIPIIEN~ INC 007195 1/24/97 HILLYERS NID CItY FORD 007228 1/24/97 I]WORJ{AYIONREFIH~IJCE GROUP 008114 1/24/97 INGRAM DIST GROUP 008116 1/24/97 I~Ol{ OFrICE HOLUTIOIIS 008119 1/24/97 L & L ~ILDING SUPPLIES 011010 1/24/97 LANEFOb~LSPEARSLOBERSEY 011040 1/24/97 LIBRARY ASSO~IA~S 011244 1/24/97 MARIOI{COOI{TYCLERK 012087 1/24/97 MARSHALL CAV]~I)ISltcoRP 012235 1/24/97 14AR~]]{GUYTHRS 012290 1/24/97 METROIN~.?IIG INC 012448 1/24/97 MICHIE 012456 1/24/97 MICR(3WAREI~SE 012459 1/24/97 NATIONAL ASSOCOF TOWI{WATO{ 013018 1/24/97 NATIOIIALG~OGRAPlIICSOCINTY 013060 1/24/97 I{ETWORECOIB{1L"TWORTBWEST 013162 1/24/97 Irdco#PI3~ERLEAPJIIIIGCEMTER 013263 1/24/97 WORVAC ELECTROIilCS INC 013373 1/24/97 OFFICE DEPOT 014029 1/24/97 PACIFIC PURE IN3TTLED WATER 015059 1/24/97 PEGASUS~ 015218 1/24/97 QUALI~Y YAI{E & CONSTRUCTION CO 016069 1/24/97 ~ount of Ch~¢k 86.25 63,698.74 25.00 549.88 3,169.86 125.00 1,000.00 1,079.06 3,999.90 153.52 25.49 2,397.00 218.74 50.42 75.00 60.88 176.50 525.40 2,579.97 140.00 101.90 22,446.14 47.45 3,777.55 278.67 521.32 235.53 178.85 50.90 5.00 15.60 8.25 455.75 482.85 1,183.23 52.99 176.95 13.90 1,800.00 330.00 74.24 173.68 20.00 30.00 3,450.00 508,395.37 11A 2/( /97 A/P CHECK LISTING FOR THE MONTH OF JAI~AR¥ 1997 Page 6 35425 35426 35427 35428 35429 35430 35431 35432 35433 35434 35435 35436 35437 35438 35439 35440 35441 35442 35443 35444 35445 35446 35447 35448 35449 35450 35451 35452 35453 35454 35455 35456 35457 35458 35459 35460 35461 35462 35463 35464 35465 35466 35467 35468 35469 35470 Budgetary Account Number SOPPLIES-LIBRAR¥ SERVICES-POLICE SERVICES-WWTP SI3~LIES-LIBRAR¥ SUPPLIES-LIBRAEY SERVICES-POLICE SUPPLIES-LIBRtRY SUPPLIES-LIBRARY SERVICES-SELF Ills SI)PPLIES-VARIOU$ SERVICES-STREL~r SlmpLIES-S~RE~ SUPPLIES-LIBP, AR¥ SUPPLIES-LIBRARY SUPPLIES-ERG SERVICES-WWTP SERVICES-COURT/FIN SERVICES-PLANNIHG SUPPLIES-VARIOUS SUPPLIES-VARIOUS SUPPLIES-WWTP SERVICES-WATER VOID VOID VOID SUPPLIES-LIBRARY SERVICES-LIBI~RY $ERVICES-~¢I~ ~PPLIES-~ SERVICES-HO~$IHG SERVICES-V~RIOU$ SUPPLIES-V~,IOU$ SERVICES-POLICE S~PPLIES-$~,EL~ SUPPLIES-LIBI~Y SERVICES-ODORT SUPPLIES-POLICE SERVICES-POLICE SUPPLIES-EHG/HNAHCE SUPPLIES-VARIOUS Vendor Hame Vendor Humber Ct~ak - Date ~itten taount of Check ItouRKEPOI3LISHI~GGRO{]P 017343 1/24/97 199.95 SALlY{HOSPITAL 018100 1/24/97 125.00 LES SCHWAB TIRE CENTER 018300 1/24/97 33.91 SEWIHG & VACUUM EXCHANGE 018405 1/24/97 26.14 SOFTKEY INTERiIATIUNAL 018598 1/24/97 35.90 RICHARI) STEIi{BERG MI) 018783 1/24/97 242.00 STORY LIHE PRESS 018796 1/24/97 37.00 SUNSET PlKN)OCTIONS 018819 1/24/97 18.37 SUM RIVER 018848 1/24/97 143.36 THE J TRAYER COMPANY 019100 1/24/97 868.82 TIM'S DIESEL TRUCK REPAIR 019167 1/24/97 52.00 UNOCAL:ERHIE GRARAMOIL 020010 1/24/97 477.81 USWESTDIRECT 020092 1/24/97 52.00 UNIVERSITY PARK MEDIA INC 020154 1/24/97 81.39 VISIONS 021203 1/24/97 220.51 JOHN WILEY & SONS IRC 022317 1/24/97 96.58 JAMES H WOOD 022479 1/24/97 145.00 WCOIN3ORN FLORIST 022600 1/24/97 25.00 WOODB[~J{ II~)~PE~)I~{T 022630 1/24/97 316.25 WOOOBURN OFFICE SUPPLY 022670 1/24/97 31.53 YES GRAPlLICS 024025 1/24/97 2,840.70 ZEE MEDICAL SERVICE CO 025070 1/24/97 19.50 VALLEY MAILING SERVICES 021044 1/30/97 316.48 VOID VOID VOID VOID VOID VOID COUNCIL OF WISCONSIN LIBRARIES lioNE 1/31/97 55.00 FRAI~BYERS HO~E 1/31/97 20.00 OCLCPACIFIC HONE 1/31/97 25.00 ABLE TEMPORARY sERVICES 000035 1/31/97 1,025.00 ALL P{IRE CHI~ICALCO 000136 1/31/97 2,400.00 A-Q[JALITY TYPEWRITER 000420 1/31/97 73.00 AHTHONYW~DI]{PROD{3C~IONS 000436 1/31/97 234.00 ARKE~ ERTERPRISES 000505 1/31/97 2,912.50 ARAMAR£DFIFORMHERVICE 000534 1/31/97 329.59 AWARDS A~D ATHLETICS 000580 1/31/97 38.95 BI-MART COP, PORTION 001275 1/31/97 247.65 CASE AUTOMOTIVE 002190 1/31/97 1,053.74 CHAMPION I~AL CO 002368 1/31/97 195.05 CHI~{EK]~AL CO[~{UNITY COLLEGE 002410 1/31/97 195.61 CLACIO~{ASLOCK 002558 1/31/97 18.00 MARGOTCOMLEY 002686 1/31/97 100.00 CO~4ERCIAL B43SINESS FUNNIYURH 002710 1/31/97 359.40 CORNING ~INICAL LABORATORIES 002876 1/31/97 17.40 CTL CORPORATION 002926 1/31/97 135.00 DAVISON AUTO PARTS 003080 1/31/97 1,539.46 525,774.92 11A 2/06197 A;P ~ LIS~]]tG FOR ~IIE 140E~ OF JANUARY 1997 Page 7 35471 35472 35473 35474 35475 35476 35477 35478 35479 3548O 35481 35482 35483 35484 35485 35486 35487 35488 35489 3549O 35491 35492 35493 35494 35495 35496 35497 35498 35499 35500 35501 35502 35503 35504 355O5 355O6 35507 35508 35509 35510 35511 35512 35513 35514 35515 35516 ~dgetar~ Account Nt~b~r SUPPLIES-POLICE SERVICES-ENG SERVICES-POLICE SENVICT~-PARKS SERVICES-BOILDING SUPPLIES-WW'IT SUPPLIeS-PARKS SUPPLIES-WATER SUPPLIES-C STORES SERVICES-POLICE SUPPLIES-LIEUR¥ SOPPLIES-P~S SUPPLIES=VARIOOS S~PLIES-POLICE SUPPLIES-O~RT SUPPLIES-Ph~,S SUPPLIES-L/BRaY SUPPLIES-V~RlooS SUPPLIES~,TER SUPPLIES=VARIOUS SERVILT.~=IIO~ING l~n4~f-Lil~,R¥ SUPPLIES-V~IOUS SUPPLIES-POLICE SER¥ICES-P~KS SUPPLIES-C G~GE SUPPLIES-POLICE SERVICES-POLICE SUPPLIES-POLICE SUPPLIES-WATER SUPPLIES-PARKS SUP LIES-WWTP;PARKS SUPPLIES-PARKS SUPPLIES-POLICE/STREEY ${TPPLI~-VUiIO~S SERVICES-POLICE ,SUPPLIES-VUtIOO$ SUPPLIF,$-PUI3LIC ~1~ Vendor ~ Vendor Number DAVIS~ AUTO PARTS 003081 DE ~ & k%~)CIA?ES DC 003108 DAVID H DRYDEN 003280 I~EI;~ ELECTRIC 004190 EOGI~ I{IL~ON 004355 ERNST HAPJ~AI~ 004360 FLRM ~ 005062 a O FONI~ CO I]{C 005210 FORCE 4 ~ 005242 POTO MAGIC 005258 FRA CO OO5332 ~ SLAM 006273 G.W. HAPJ)WARH CEI~ER 006405 HARRIS UEIFORMS O07090 HUBBARD AUTO ELECTRIC 007315 HYDI~X IIIC 007350 I.C.#.A. 008023 INIX]STRIIL WELDI]iG SUPPLY OO810O JANWAY COI{PA~Y 009080 L & L BUll,DING SUPPLIES 011010 LITTLE aHgIICAL CO 011285 LONG LIFE LIGHT]JIG OF OREGON 011325 MAI{ION CO~ BLI)G I~P~ 012090 }[tR~III GUTTERS 012290 IX)liMA #}fl.l~mil)~y. 012420 MID6TATES CO~AL FARM 012475 MR P'S AUTO PAI{~S 012510 MOORE MEDICAL CORP 012588 TH~ MONF CORPORATION O126O5 MUFFLERS, ~ & MORE 012655 OIL RE-REFINING CO HC 014023 OPTICOLOR FILM & PHOTO 014056 OR DEI~ OF Alli]I{ISI'RITIVE SERV 014198 OR]~ FIRE ]{lO~ CO 014304 PACIFIC PI~ 015058 PACIFIC WA'I~ ~ SUPPLY 015065 PACO Pi3MPS 015098 PIONEER ELECYRONICS 015345 PInioNS WEST 015563 R & R ONIFORNS OF OREGON 017003 SAL[] BLACKTOP & ASR{ALT 018060 LES S(2~W~ TIRE ~ 018300 SLATER COI~Ct?IONS 018522 YHH ;I THAYER CONPANY O191OO TRAFFIC SAFH'I'Y HUPPLY CO 019220 YRI-14HT 019250 Check - Date Written 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 l~o~nt of ~ 32.49 200.00 50.OO 76.75 151.12 35.95 67.43 744.15 342.08 103.99 80.45 15.00 799.32 120.85 189.00 508.35 9.00 844.28 75.55 143.80 347.OO 22,216.67 1,724.80 11.00 548.43 209.60 74.38 311.00 17.95 124.00 322.06 277.67 464.40 82.00 1,730.93 70.14 113.46 920.55 227.93 193.96 1,735.48 190.75 246.22 576.90 IO.OO 563,161.76 11A 21o~197 A/P CHECK LISTING FOR T]~ ~ OF J2~UARY 1997 pa~e 8 35517 35518 35519 35520 35521 35522 35523 35524 35525 35526 35527 35528 35529 35530 35531 35532 35533 35534 35535 35536 35537 35538 35539 35540 Budgetary A~Int Number Vendor lla~ VendorNtmber UIK~:ERI~E ~ OIL 020010 V~l~ S~q~ItliE 021087 V~ OFM~ ~S 021180 ~ ~ I~ 0~35 ~I~E ~ ~ ~ 022328 ~ ~ ~ 0~445 ~ ~ 0~478 ~ ~H~ ~LY 0~670 ~ ~-~ 02~ ~ ~ 0~830 ~ ~ 02~ ~IUS ~Y 045~ ~ ~.[~G 0452~ ~ ~ ~5315 ~ 0~ 04~97 ~ ~ 045~ ~L~ P~[S 045512 JO~ ~Z~ 045525 G~E ~ 045545 J~ ~ 045595 ~ ~ 045596 ~ ~ 045~ J~ ~E ~93 O~ ~,i.~ ~5698 Date ~itten 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31p7 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 1/31/97 ~aount ~f Check 507.45 85.02 1,148.64 74.27 223.30 173.16 11.00 218.58 22.58 52.25 139.50 17.50 11.50 194.25 19.50 69.75 146.75 47.50 31.75 86.70 24.00 24.00 32.25 566,602.96 · 1 5A MEMO TO: FROM: SUBJECT: DATE: City Council through the City Adm~istrator Ben Oillespie, Finance Director Final Audit Report January 30, 1997 The 1995-96 financial statements have been finali?ed and the City's auditors, Harris & FAde, have issued an unqualified opinion on them. As required by statute the financial statements and the opinion have been fried with the Secretary of State. Copies of the document are available for review in the Finance Office. 15B MEMO To: From: Subject: Date: City Administrator for Council Information Randy Scott C.E.Tech RI, through Public Works Director ~,~Y. Street Tree Removal January 31, 1997 The owner of property located at 390 N. Second Street, Comwell Colonial Chapel, has been granted permission to remove three street trees. The trees are located adjacent to Second Street, Hayes Street and at the comer of Hayes and Second Street. The trees are an older maple species which may have some historical value, unfortunately they show visible signs of disease and decay. The trees have been topped hard in the past with new growth extending 25 to30 feet past the old cut, this in itself may be a hazard, but in addition the decay/rot around the old cuts and previous storm damage has extended into the stem of the trees and this does constitute a hazard to life and property. The condition of the trees were evaluated by staffand the property owner's tree service consultant. The tree service consultant is from a local firm in which the city has used in the past. Although the council has many important issues to consider, staff felt due to the impact of tree removal in the downtown area that council should be kept informed 15C MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager J~~--~----- City's Priorities for Projects on State Highway System February 4, 1997 The Statewide Transportation Improvement Program (STIP) is a document that sets priorities for the transportation projects proposed for development and construction by the State on their highway system. By federal law the STIP is updated every two years; project priorities may be re-set during this update cycle. There will be a workshop on the 1998-2001 STIP at the Salem Library on February 12, 1997 at 7:00 pm. The following are the City of Woodburn priorities for improvements to the state highway system in the city to be conveyed to the state, unless modified by council. These priorities will be conveyed to the state at their STIP workshop. Those priorities are: 1. Improvements to state highway 214 to improve its capacity and safety. 2. A reconnaissance study on I-5 interchange options in the Woodburn area (This project was required by the state to be included in the city's Transportation System Plan and to add additional leverage to ensure state participation and early completion it was presented as a combination city, ODOT and Marion County project. Public Works will include funds for the city share of this project in this years budget and early indications from ODOT indicate that this project will probably be funded sometime later this year.). 3. A new or reconstructed interchange at Woodburn. 4. A south bypass facility to handle some highway 214 traffic. MEMO TO: FROM: SUBJECT: DATE: Community Development Director ! Bob Arzoian, Building Inspector Building Activity for JANUARY 1997 February 5, 1997 15D New Residence Value Multi Family Residential Adds & Alts Industrial Commercial Value Signs, Fences, Driveways Mobile Homes JANUARY 1995 JANUARY 1996 JANUARY 1997 No. Dollar Am1; No. Dollar Amt No Dollar Amt 3 $323,817 4 518,500 3 279,514 0 0 0 0 12 591,000 3 26,100 8 170,700 8 93,178 6 931,000 0 0 0 0 6 185,500 3 169,000 2 114,000 7 16,900 5 ~. ~.,950 0 0 0 0 4 215,000 7 251,000 TOTAL: 25 1,483,317 21 1,118,150 32 1,328,692 July 1-June 30 Fiscal Year-to-Date Robert Arzoian Building Official RS:bw ~12.156,506 810.949.111 824.880,452 BLDACT01.97 MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager,~~~ Bid Award for Interior Cleaning and Painting of Elevated Water Tank February 10, 1997 RECOMMENDATION: Award City of Woodburn Bid number 97-06 to S&K Painting Inc. for interior cleaning and painting of an elevated water tank for $92,000.00. BACKGROUND: City of Woodburn Bid number 97-06 was opened and read at 2:00 p.m. on February 10, 1997. The bid was for removal of the existing interior coating of the 750,000 gallon elevated water tank and replacement with an epoxy based coating system. Some structural work to improve fall protection systems to comply with current standards was also included. The results were: Bidder S&K Painting Inc. Long Painting Company Amount $ 92,000.00 $139,870.00 The engineers estimate for this project was $95,000. All contractors were prequalified prior to the bid opening with regard to recent experience with similar type projects. The existing interior coating does contain lead and the contractor selected is responsible for proper removal and disposal of this material. This project is estimated at $100,000 in the Water Division operations budget. Staff recommends that the bid be awarded to S&K Painting Inc.. COUNCIL BILL NO. 1778 ORDINANCE NO. 2187 AN ORDINANCE DECLARING AN EMERGENCY AND MAKING LEGISLATIVEFINDINGS TO SUPPORT SAID DECLARATION; ENACTING INTERIM TELECOMMUNICATIONS FACILITIES REGULATIONS; SET'rlNG A REPEAL DATE; AND DECLARING AN EMERGENCY. WHEREAS, telecommunications technology has recently experienced rapid growth, and WHEREAS, the growth of this technology, together with federal legal deregulation, has resulted in an enormous increase in wireless communications, and WHEREAS, the Woodburn Zoning Ordinance was enacted prior to the advent of this telecommunications expansion, was intended to address only radio and television transmitter equipment, and is inadequate to address the contemporary technology of telecommunications facilities, and WHEREAS, the City Council finds it necessary to enact interim regulations which fairly and uniformly address applications for telecommunications facilities, while preserving the public's interest in reasonable requirement for these facilities, NOW, THEREFORE, THE CiTY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The City Council hereby declares that an emergency exists within the meaning of the City of Woodburn. Charter of 1982. The Legislative Findings in support of this declaration of emergency are attached hereto as Exhibit "A" and are, by this reference, incorporated herein. Section 2. The Interim Telecommunications Facilities Regulations, attached hereto as Exhibit "B" and by this reference incorporated herein, are hereby enacted to alleviate the emergency. Section 3. The passage of this ordinance, and the Interim Telecommunications Facilities Regulations, enacted herein is expressly declared to be a temporary interim measure. This ordinance is repealed on August 1, 1997. Page I - COUNCIL BILL NO. 1778 ORDINANCE NO. 2187 Section 4. The City Council hereby directs planning staff to proceed immediately to initiate an amendment of the Woodburn Zoning Ordinance to address zoning and development regulations of telecommunications facilities. Section 5. The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions .of this ordinance. Section 6. This act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this ordinance shall be in full forc(~~)effect from and after the date of its passage. City Attorney Date APPROVED: ~lancy A. I~kse~/, I~layor / / February IQ, [997 ./ Passed by the Council Submitted to the Mayor February 10, 1997 February 10, 1997 February 10, 1997 Approved by the Mayor Filed in the Office of the Recorder ~ . ATTEST: Mary TJennant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 1778 ORDINANCE NO. 2187 EXHIBIT "A" LEGISLATIVE FINDINGS R~q~irement ~f Findinps A. While nothing requires that the City Council's legislative decision be supported by findings, the City Council makes these findings to show its intent and its compliance with all applicable legal standards. II. Declaration of Emerqencv A. Chapter II, Sections 4 and 5 of the City of Woodburn Charter of 1982 enumerate the powers of the City of Woodburn as follows: Chapter II PO WERS Section 4. POWERS OF THE CITY. The city shall have al/powers which the constitutions, statutes, and common/aw of the United States and of this state expressly or impliediy grant or allow municipalities, as fully as though this charter specifically enumerated each of those powers. Section 5. CONSTRUCTION OF CHARTER. in this charter, no mention of a particular power shall be construed to be exclusive or to restrict the scope of the powers which the city would have ff the particular power were not mentioned. The charter shall be liberally construed to the end that the city may have all powers necessary or convenient for the conduct of its municipal affairs, including ail power~ that cities may assume pursuant to state laws and to the municipal home rule provisions of the state constitution. B. The City Council finds that this charter provision gives the City of Woodburn all the rights, powers, privileges and immunities which the Constitution, statutes and common laws of the United States and of the state expressly or impliedly grant or allow to a municipality. The charter is to be liberally construed to the end that the city shall have all the powers contemplated by municipal home rule provisions of the Constitution and laws Page I - EXHIBIT "A" of the state. It is effective to grant the city the full extent of powers which the home rule amendments to the Constitution permit. C. The City Council further finds that as a municipality it has the power and authority to enact an emergency ordinance. Thielke v, Albee 79 Or 48, 153 P. 793 (1916). - '- D. The City Council further finds that an emergency exists because {elecommunications technology has recently experienced rapid growth and this has resulted in an enormous increase in wireless communications and telecommunications facilities siting requests. The Woodburn Zoning Ordinance, which was enacted before the advent of this telecommunications expansion, was never intended to address this technology and is inadequate and out-of- date. Therefore, it is necessary for the City Council to enact interim telecommunications facilities regulations in order to protect the public's interest and alleviate the emergency. E. The City Council further finds because the enactment of this ordinance has not been subject to the City's standard hearing and citizen involvement procedures for enacting ordinance, it is the Council's express intent that this ordinance be a temporary interim measure. This ordinance shall, therefore, be repealed on August 1, 1997. F. The City Council further finds that because of the importance of enacting permanent regulations, planning staff will be directed to proceed immediately to initiate an amendment of the Woodburn Zoning Ordinance. III. Regulations not a Moratorium A. The City Council finds that the Interim Telecommunications Facilities Regulations do not constitute, and are not intended to be, a land development moratorium under ORS 197.505, et seq. The city of Woodburn will continue to process applications for telecommunications facilities on a uniform, reasonable and expeditious basis. B. The City Council further finds that the City of Woodburn has the power and authority to enact an emergency ordinance providing for interim telecommunications facilities regulations without imposing a development moratorium. Page 2 - EXHIBIT "A" IV. Comoliance with Federal Law A. The City Council finds that the Interim Telecommunications Facilities Regulations comply with federal law and, specifically, the Telecommunications Act of 1996 (P.L 104-104). B. The City Council further finds that the Interim Telecommunications Facilities Regulations do not unreasonably discriminate among providers of functionally equivalent services or have the effect of prohibiting the provision of personal wireless services. C. The City Council further finds that the Interim Telecommunications Facilities Regulations provide, consistent with the Woodburn Zoning Ordinance and Oregon statutory requirements, that the city shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with the city, taking into account the nature and scope of such request. D. The City Council further finds that the Interim Telecommunications Facilities Regulations do not constitute regulations of the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions. E. The City Council further finds that the Interim Telecommunications Facilities Regulations provide, consistent with the Woodburn Zoning Ordinance and Oregon statutory requirements, that the denial of a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. A:\FINDINGS Page 3 - EXHIBIT "A" EXHIBIT "B" INTERIM TELECOMMUNICATION FACILITIES REGULATIONS Section 1. As used in this Ordinance: Aerial means a privately owned and operated antenna for noncommercial uses subject to height limitations as specified in the Woodburn Zoning Ordinance. For purposes of this ordinance "aerial" includes ham radio antennae and is not a "telecommunications facility." 2. Exchanae Carrier means a provider of telecommunications services. Telecommunication Facilities means facilities designed and used for the purpose of transmitting, receiving, and voice and data signals from various wireless communication devices. The following definitions apply to the regulation of telecommunications facilities: Ancillary Facilities means the structures and equipment required for operation of the telecommunication equipment, including but not limited to antennae, repeaters, equipment housing structure, and ventilation and other mechanical equipment· Antenna(e) means an electrical conductor or group of electrical conductors that transmit or receive radio waves. Attachment means an antenna or other piece of related equipment affixed to a transmission tower. Backhaul Network means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. Collocated Facility means new attachments, antennae, or towers placed on existing suitable structures or existing or rebuilt transmission towers or the addition of ancillary facilities to an existing transmission tower facility site without increasing the tower facility site area. N~w Facility means the installation of new transmission towers. New attachments are not new facilities. Page I - EXHIBIT "B" ,. hf me Pre-{;xistina Towers and Pre-existina Antennas means any tower or antenna for which a building permit has been properly issued prior to the effective date of this ordinance. ~ means equipment containing both a receiver and a transmitter; used to relay radio signals over large distances or to provide signals in an area otherwise in shadow. _ ._ Shadow means a geographic area that has less than adequate telecommunication service coverage. Tower Footorint means the area described at the base of a transmission tower as the perimeter of the transmission tower including the transmission tower foundation and any attached or overhanging equipment, attachments, or structural members but excluding ancillary facilities and guy wires and anchors. Tower Pad means the area that encompasses the tower footprint, ancillary facilities, fencing and screening. Tower Heiqht means the vertical distance measured from the highest point on the transmission tower or other structure, including any antennae, to the original grade of the ground directly below this point. Transmission Tower means the structure on which transmitting or receiving antennae are located. For purposes of this chapter, ham radio transmission facilities are considered "aerials" and not "transmission towers." i) Quved Tower. A tower which is supported by the use of cables (guy wires) which are permanently anchored. ii) Lsttice Tower. A tower characterized by an open framework of lateral cross members which stabilize the tower. III. Monooole. A single upright pole, engineered to be self supporting and does not require lateral cross supports or guys. Utility. For purposes of this chapter, a utility is any person (as defined by the Woodburn Zoning Ordinance) who is a local exchange carrier or an electric, gas, water, or other public utility, and who owns or controls poles, ducts, conduits, or rights of way used, in whole or in part, for any wire or cable communications. Page 2 - EXHIBIT "B" Section 2. Use Desionation New Telecommunications Facilities shall not be permitted in any residential zones and shall be a conditional use in all other zones. For the purposes of this ordinance, the Central Business District and the Downtown Historic District are residential zones· Collocated Facilities shall be a permitted use in all zones. Section 3. Method of Review Conditional use applications for new telecommunications facilities shall be reviewed pursuant to Chapter 14 of the Woodburn Zoning Ordinance and these Interim Telecommunications Facilities Regulations. Section 4. Aoolication Reouirements In addition to standard required application material, an applicant for a new or collocated telecommunication facility shall submit the following information: A visual study containing, at a minimum, a vicinity map depicting where, within a three mile radius, any portion of the proposed tower could be visible, and a graphic simulation showing the appearance of the proposed tower and accessory structures from five points within the impacted vicinity. Such points are to be mutually agreed upon by the Planning Director and applicant. This study shall not be required for collocation on existing transmission towers, but shall be required for collocation on other structures. A demonstration that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple Iow-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable· A landscape plan drawn to scale showing proposed landscaping, including type, spacing, size and irrigation methods. This plan shall not be required for collocation on existing buildings or where there is no opportunity to provide additional landscaping. Evidence demonstrating collocation is impractical on existing tall structures, existing transmission towers, and existing tower facility sites for reasons of safety, available space, or failing to meet service coverage area needs. This evidence shall not be required for collocation proposals. Page 3 - EXHIBIT "B" 5. A report containing the following information: A description of the proposed tower and reasons for the tower design and height. Documentation to establish the proposed tower has sufficient structural integrity for the proposed uses at the proposed location in conformance with minimum safety requirements as required by the State Structural Specialty Code, latest adopted edition. A description of mitigation methods which will be employed to avoid ice hazards, including increased setbacks, and/or de-icing equipment. The general capacity of the tower in terms of the number and type of antennae it is designed to accommodate. Documentation demonstrating compliance with non-ionizing electromagnetic radiation (NIER) emissions standards as set forth by the Federal Communications commission (FCC). A signed agreement stating that the applicant will allow collocation with other users, provided all safety and structural requirements are met. This agreement shall also state that any future owners or operators will allow collocation on the tower. This agreement is not necessary if the applicant is collocating and does not own the facility or structure;~ however, a consent to allow the owner to grant access to other users for the same structure or facility shall be required. A soils report if the property contains weak foundation soils or has landslide potential. Documentation that the ancillary facilities will not produce sound levels in excess of those standards specified in section 5(7) or designs showing how the sound is to be effectively muffled and reduced pursuant to those standards. Identification of the entities providing the backhaul network for the towers(s) described in the application and other cellular sites owned or operated by the applicant in the municipality. Section 5. Standards of AD,royal - All Telecommunications Facilities All new telecommunications facilities shall comply with the following standards: Page 4 - EXHIBIT "B" Site Size: A new telecommunication facility shall be located on a property large enough to provide: be A setback from any property line to the tower footprint which is at least two-thirds the tower height. This standard shall not apply to collocated telecommunications facilities. A tower "pad' large enough to allow for additional collocated and ancillary facilities. The tower or towers shall be located centrally on this pad. This standard shall not apply to antennae attached to existing structures or towers located on rooftops. Protection to adjoining property from the potential impact of tower failure and ice falling from the tower. A licensed structural engineer's analysis shall be submitted to demonstrate that such failure and ice fall will be accommodated on the site. Separation from pre-existing towers. Tower separation shall be measured by following a straight line from the base of the proposed tower to the base of any pre-existing tower, Minimum separation distances (listed in linear feet) shall be as follows: Lattice Guyed Monopole Monopole > 80' < 80' in height in height Lattice 5,000 5,000 1,500 750 Guyed 5,000 5,000 1,500 750 Monopole > 80' 1,500 1,500 1,500 750 in height Monopole < 80' 750 750 750 750 - in height 2. Collation aJ Before a proposal for a new transmission tower is considered, an applicant shall exhaust all collocation options including placement of antennae on existing tall structures and placing multiple antennae or attachments on a single tower. In cases where an existing tower is modified or rebuilt to a taller height to allow collocation, such change may only occur one time per communication tower site and may only occur when the Page 5 - EXHIBIT "B" ,. modification or rebuild request has been initiated by a separate exchange carrier. New telecommunications facilities shall be constructed so as to accommodate future collocation, based upon expected demand for transmission towers in the service area. Towers shall be designed so as to accommodate a minimum expansion of three_tWo-way antennae for every 40 vertical feet of tower. Towers or attachments may be collocated on existing structures such as athletic field light poles, utility poles or towers, and tall buildings provided the addition of the antenna equipment will not cause undue interference with the normal operation of utilities or existing transmission facilities and the tower or attachment either complies with the height limit of the underlying zone. The color and design of such antenna equipment and structures shall be compatible with the existing structure. Replacement of existing pole type structures may be permitted for the purpose of collocation, provided that there is no change to the type of tower. Setback and other Iocational criteria of the underlying zone shall still apply. ew Multiole Attachments on Utility Towers. In conformance with the Telecommunications Act of 1996, Section 703, a utility shall provide any telecommunications carrier with nondiscriminatory access to any pole, duct, conduit, or-right of way owned or controlled by it, unless there is insufficient capacity or access can not be granted for reasons of safety, reliability, and generally applicable engineering purposes. Heiqht. New telecommunication facilities shall not exceed the height limits established by the underlying zone. Exceptions to height limitations in this subsection require a variance per Chapter 13 of the Woodburn Zoning Ordinance. Visual Imoact. The applicant shall demonstrate that the tower will have the smallest practicable visual impact on the environment, considering technical, engineering economic, and other pertinent factors. The height and mass of the transmission tower shall not exceed that which is essential for its intended use and public safety as demonstrated in a report prepared by a licensed structural engineer. Towers 200 feet or less in height shall be painted in order to best camouflage the tower with regard to compatibility with Page 6 - EXHIBIT "B" o surrounding objects and colors. Unless towers are otherwise disguised or collocated, towers shall be camouflaged as trees whenever structurally possible. Towers more than 200 feet in height shall be painted in accordance with the Oregon State Aeronautics Division and Federal Aviation Administration. Applicants shall attern, pt_to seek a waiver from OSAD and FAA marking requirements. When a waiver has been granted, towers shall be painted and/or camouflaged in accordance with subsection 4(b), above. Accessory Uses. Accessory uses shall include only building facilities that are necessary for transmission function and associated satellite ground stations, and shall not include broadcast studios (except for emergency broadcast), offices, vehicle storage areas or other similar uses not necessary for the transmission or relay function. No unenclosed storage of materials is allowed. Lighting. No lighting shall be permitted on transmission towers except that required by the Oregon State Aeronautics Division or Federal Aviation Administration. This standard shall not prevent shared use or replacement of an existing light pole. For collocation on existing or replaced light poles the transmission tower shall have no net increase to the spread, intensity, or direction of the existing light source. Noise. Noise generating equipment shall be sound-buffered by means of baffling, barriers, or other suitable means to reduce sound level measured at the property line to 30dBA when adjacent to residential uses and 45dBA in other areas. Fences and Landscaoinq: The tower(s) and ancillary facilities shall be enclosed by a six foot fence meeting the requirements of the Woodburn-Zoning Ordinance. Chain link fences, when allowed, shall be black vinyl coated. Where a six foot fence in sound condition already exists on a side or sides of the tower pad area, fencing requirements may be waived for that side. Landscaping shall be placed outside of fences and shall consist of fast growing vegetation with a minimum planted height of six feet placed densely so as to form a solid hedge. Cg Landscaping fencing shall be compatible with other nearby landscaping and fencing. Page 7 - EXHIBIT "B" Where antennae or towers and ancillary facilities are to be located on existing buildings or structures and are secure from public access, landscaping and fencing requirements may be waived. Sians: One non-illuminated sign, not to exceed 2 square feet, shall be provided at the main entrance to the facility stating contact name and phone number for emergency purposes. Signs shall not be.pla_ced on towers and antennae. Section 6. Abandoned Facilitie~ A transmission facility where use is discontinued for a period of six consecutive months or longer is hereby declared abandoned. Abandoned facilities shall be removed by the property owner no later than 90 days from date of abandonment. Failure to remove an abandoned facility is declared a public nuisance and is subject to abatement pursuant to the Woodburn Nuisance Ordinance and any other available legal remedies. Upon written application prior to the expiration of the six month period, the City Administrator shall grant a six month extension for reuse of the facility. Additional extensions beyond the first six month extension may be granted by the City Administrator subject to any conditions required to bring the project into compliance with current law(s) and make compatible with surrounding development Page 8 - EXHIBIT "B" Annlication for Action Teams Please check all boxes that apply: I would like to be involved with the action planning phase of strategic planning. I would like to be involved with the action team responsible for strategic result number: . (Please see attached sheet for strategic results) Name: Phone # Home: Work: Please Check all boxes that apply: I live in the community. I work in the community. I have students who go to school in the community. I work for the school district. Wc will: e e STRATEGIES DRAFT Educate, involve and motivate staff, students, parents and community in the achievement of the strategic objectives and mission. Design delivery systems (i.e. curriculum, instruction, assessment, time, space, resources) necessary for all students to achieve the strategic objectives. Develop models of staff development that provide learning options for all staff so that all students achieve the strategic objectives. Identify and utilize the full range of community resources to create opportunities for all students and staff to achieve the strategic objectives. We will structure the organization so that all students achieve our objective and mission. **This strategy was developed by the Strategy team but has been given to the Superintendent for development.