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Agenda - 05/20/1996 AGI~IDA WOODBURN CITY COUNCIL May 20, 1996 - 7.-00 P.M. 270 Montgomery Street ** Woodburn, Oregon A. Council minutes of May 13, 1996 regular and executive meetings. B. Planning Commission minutes of April 25, 1996 regular and executive meetings. APPOINTMENTS: A. Community Center Advisory Committee. ANNOUNCEMENTS: C. Next regular City Council meeting: City office closures for Memorial Day holiday: Woodburn Public Library will be closed on Saturday, May 25, 1996, in addition to the regular closure on Sunday & Monday, May 26 and 27. Woodburn City Hall will be closed on Monday, May 27, 1996. June 10, 1996. pROCLAMATIONS A. Chamber of Commerce B. Other Committees A. Fax from The Oregon Business Coalition for High Speed Rail. (This allows pubhc to Introduce items for Council consideration not already scheduled on the agenda.) 3A 3B 4A ~A Page 1 - Council Agenda, Ma,v 2.0, 1996. 'A. Proposed graffiti ordinance. ~A Council Bill No. 1714 - Resolution entering into agreement with Brown and Caldwell for professiona! engineering consultant services relating to design and construction of the Woodburn Wastewater Treatment Plant. (Prior to Council consideration there will be a brief staff presentation) B. Approval of extension of water service to property outside city limits. C. Transit fixed route change. IOA 10B 10C 14. ~ 15. ~ A, City Administrator meeting with O,L,C,C. officials, B, Notification re: CDBG grant application, 16. 17. 18. To conduct deliberations with persons designated by the governing body to carry on labor negotiations. ORS 192.660(1 )(d) 15A Page 2 - Council Agenda, May 20, 1996. COUNCIL MEETING MINUTES May 13, 1996 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF ORE~ON, MAY 13, 1996. O0O3 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. 0010 ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Police Chief Wright, Community Development Director Goeckritz, Finance Director Gillespie, Park & Recreation Director Holly, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant 0018' I~S. JENNINGS/FIGLEY .... approve the Council workshop minutes of April 15, 1996 and the April 22, 1996 regular and executive session minutes; accept the Planning Commission minutes of April 11, 1996, Library Board minutes of April 24, 1996, and the Recreation and Park Board minutes of April 22, 1996. The motion passed unanimously. Q029 ANNOUNCEMENTS. (A) A public hearing on the proposed Graffiti Ordinance will be held on May 20, 1996, 7:00 p.m., in the City Hall Council Chambers. (B) A public workshop on Water Conservation will be held on Tuesday, May 21, 1996, 7:00 p.m., in the Woodburn Public Library Multi-Purpose room. 0048 pROCLAMATIONS. (A) PEACE OFFICER MEMORIAL WEEK --- Mayor Kirksey proclaimed the week of May 12 - 18, 1996, as Peace Officer Memorial Week in Woodburn and May 15, 1996 as Peace Officer Memorial Day to recognize those individuals who perform law enforcement services to our community. '(B) PUBLIC WORKS WEEK --- Mayor Kirksey proclaimed the week of May 20 - 24, 1996 as Public Works Week in Woodburn to urge Page 1 - Council Meeting Minutes, May 13, 1996 3A TAPE READING 0138 0214 0260 COUNCIL MEETING MINUTES May 13, 1996 citizens to learn more about the City's public works services and facilities and to recognize those employees who strive to make our community more healthy, safe, and comfortable. ~MBER OF COMMERCE REPORT,, Patrick Vance, representing the Chamber Board, updated the Council on the following events: (1) Tulip Festival was a positive promotional event for the City since the festival received regional publicity in the print media and local television, and for the Wooden Shoe Bulb Company who has estimated the number of visitors at 150,000 which is up substantially from 80,000 last year; (2) The survey forms relating to the need for additional up- scale restaurant facilities must be returned by Friday; (3) The Greeter's Program will be held on Wednesday, May 15th, 8:00 am, at the office of Brown Insurance Agency; and (4) The monthly Chamber Forum will be held on Wednesday, May 15th, 12:00 noon, Yun Wah's Restaurant, with the topic of "Build a Team and Lead It" being presented by Larry Custus who is a motivational speaker and leadership consultant. WOODBURNDOWNTOWN_A~_SOCIATION REPORT. Susan King, representing the Downtown Association, presented the Council with letters from members of their group and local businesses encouraging the Council to appoint a Task Force to evaluate the desires of the community to build a new Community Service/Performing Arts Center in the downtown area. Mayor Kirksey read a letter from Ronald Lilienthal, Board President of the Senior Estates Golf & Country Club, urging re-affirmation of sewer rate Ordinances 2157 and 2164 or, if a change is made, to a volume rate schedule rather than a flat rate schedule. The Board also supports the idea of a subsidy program to assist customers who are in need of financial assistance provided that the assistance comes from funds other than the utility service fees. Preston Tack, 2197 Camilla Way, informed the Council that the Association of Metropolitan Sewerage Agencies will be holding a conference in Denver Colorado from July 16th through 19th which will include topics on privatization of public works services. He realized that the City is not a member of AMSA but he does know that Portland, Salem, and Eugene are members. If the Council is interested in receiving more information on this upcoming conference, he offered his assistance in making the necessary contacts. 3A Page 2 - Council Meeting Minutes, May 13, 1996 COIINCIL MEETING MINUTES May 13, 1996 TAPE READING 0307 PD~LIC HEARING -- 1996-97 CITY BUDGET. Mayor Kirksey declared the public hearing open at 7:13 p.m. for the purpose of obtaining public input on the proposed budget which includes State Revenue Sharing funds. Administrator Childs presented the staff report on the proposed budget which was adopted by the Budget Committee. The Financial Summary and Notice of Hearing had been published in the Woodburn Independent on April 24th with the second notice of hearing published in the Independent on May 1st. The' total proposed budget is $23,123,405 and the total property tax levy authorized by the Budget Committee is $3,600,035. Of the total taxes to be levied, the Bonded Debt levy for the Aquatic Center will be $189,269 while the balance of the taxes will be used to support the General Fund, Transit Fund, Library Fund, and Parks & Recreation Fund. The estimated loss of property taxes due to compression under the Ballot Measure 5 limitation is 12.5%. He highlighted components of the budget such as continuation of the Police "COPS" and "COPS FAST" grant, the two-year Housing Rehabilitation program, year-round aquatic center, and senior service programs; addition of several personnel positions to meet the growing service demands; initial funding for future facilities expansion; initial funding for evaluation of the City's telephone system; funding for full development of the City Hall basement; funding for several projects established by the Council; funding for expanded hours of Dial-a-Ride paratransit service; and funding for evaluation of the City's computer network system. Patrick Vance, Chamber Board, commended the City in their preparation of the budget, document, however, the Chamber would like the Council to consider a change to the current distribution of hotel/motel tax funds. A proposal had been submitted to the Budget Committee during the later part of the hearings process but due to the lateness in receiving the written request, no change was made in the amount allocated for distribution to the Chamber. He stated that the revenues received from hotel/motel taxes are used to promote the livability and workability of our community and to offset printing costs for brochures. Currently, the Chamber receives $4,000 annually under the provisions of the ordinance. Of the total funds collected last year, the City received approximately $61,000, the Chamber received $4,000, and the hotel/motel operators received $6,000 for their work in collecting the tax. The Chamber is requesting that they receive a proportional share of the increase in taxes collected rather than the current maximum amount desighatedby the ordinance. This request is being made in light of the increase in funds being collected now that there are more hotel/motel units located, or being built, in Woodburn. He Page 3 - Council Meeting Minutes, May 13, 1996 3A TAPE READ I NG 970 ~025 COUNCIL MEETING MINUTES May 13, 1996 also provided data on the distribution of hotel/motel tax monies by other cities in Oregon which range from all of the monies going to the local area Chamber to a smaller percentage to the Chamber and the balance to the City. Administrator Childs stated that he is willing to look into this issue, however, he reminded the Council that in order to change the distribution of funds would require a change in the current ordinance. Mayor Kirksey declared the public hearing closed at 7:00 p.m.. During a brief discussion on the Chamber,s request for re- evaluation of the hotel/motel tax funds, it was the consensus of the Council to hold a workshop with the Chamber to receive a more detailed presentation of their proposal along with their plans on how the money will be used by the Chamber. The Administrator was requested to work with the Chamber in setting a date for the workshop. JENNINGS/FIGLEY... direct staff to draft an ordinance with the applicable budget figures to be presented to the Council. The motion passed unanimously. COUNCIL BILL 1708 - ORDINANCE AMENDING ORDINANCE 1957 (TRUCK ROUTE ORDINANCE) TO CLARIF~ CERT~TNADMINISTRATIVE PROVISIONS. Council Bill 1708 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1708 duly passed with the emergency clause. Councilor Jennings stated that this ordinance amendment has not established any new streets but it does require truck drivers to stay on designated truck routes until a different route must be taken in order to receive or discharge goods. COUNCIL BILL 1709 - RESOLUTION ENTERING INTO AN ~NTER~OVE~ALA~REEMENTWITHTHE ~TATE DEPT. OF TRANSPORTATION FOR ~ SAFETY BELT ENFORCEMENT AND THREE FLAGS PRO~RAM. Councilor Hagenauer introduced Council Bill 1709. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1709 passedunanimously. Mayor Kirksey declared the bill duly passed. 3A Page 4 - Council Meeting Minutes, May 13, 1996 COUNCIL MEETING MINUTES May 13, 1996 3A TAPE READING 1047 COUNCIL BILL 1710 - RESOLUTION ENTERING INTO A LICENSE AGP~~ W~TH C2~BE~L DELONG RESOURCES, INC,, FOR THE USE OF LAND_~!~_ TRATNIN~NATERIAL AND MAKIN~APPLICATION FOR ~ERS~!p IN TW~ _~¢ED SAFETy PROPERTIES PR0~RAM. Council Bill 1710 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1710 duly passed. 1076 COUNCIL BILL 1711 - RESQLUTION DIRECTING THAT A STOP $I~NBE INSTALLED ON CONSTITUTION AVENUE AT BOONES 'FERRY ROAD~ council Bill 1711 was introduced byCouncilor Hagenauer. The bill was read by title only since there were no objections from the Council. JENNINGS/FIGLEY... suspend the rules and Council Bills 1712 and 1713 be read prior to taking a final vote. The motion passed unanimously. COUNC~L BILL ~7~ - ~ESOLUTION DIRECTING THAT A STOP SI~N BE INSTALLED ON HENRY'S BOULEVARD AT BOONES FERRY ROAD. Council Bill 1712 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. 1144 COUNCIL BILL 1713 - RESOLUTION DIRECTIN~THAT A STOP SI~NBE INSTALLED ON ROBINAVENUEATWOODLANDAVENUE. Council Bill 1713 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. JENNINGS/FIGLEY .... apprOve Council Bills 1711, 1712, and 1713 as read. The motion passed unanimously. Mayor Kirksey declared the bills duly passed. OLCC LICENSE APPLICAT~QN - EL NOPAL RESTAURANT. Chief Wright recommended approval of the restaurant license application submitted byMrs. Dora Rivas (El Nopal Restaurant, 333 N.- First St.). In his memo, he informed the Council that Mrs. Rivas was required to apply for a new license since she had failed to submit the renewal paperwork to OLCC in a timely manner. JENNINGS/FIGLEY... application for a Restaurant liquor license submitted by Dora Rivas be approved. The motion passed unanimously. 1164 REQUEST FOR RECONS~DERATION OF COUNCIL TO OLCC REs RAVEN INN TAVERN, 262 N. PACIFIC HIGHWAY. .Tina Wiltsey, owner of the Raven Inn Tavern, provided the Council with additional information to clarify testimony presented at the renewal hearing. She stated that even though Page 5 - Council Meeting Minutes, May 13, 1996 COUNCIL MEETING MINUTES May 13, 1996 '~IEADING Councilor Hagenauer stated that he felt the current rate structure should be kept status quo. Councilor Sifuentez expressed her opinion that she wanted a change but, realistically, the Council should not change the rate structure since we will still need to pay for the facility at some point in time. She feels that the Committee did an excellent job in selecting which rate structure would be in the best interest of the community and, at this point, the City should not regress. Councilor Chadwick stated that the seniors who have contacted her on this subject do not want to help pay for the new facility anymore than they already do and are not willing to go back to a flat rate structure that would cost them a higher monthly fee. Councilor Pugh stated that he has constituents in both the West woodburn area and Senior Estates. He will be holding a series of meetings with these individuals to receive their input on this subject within the next 60 days. Since he would like to have the input of these people before a final decision is made, 2529 PUGH/SIFUENTEZ .... accept this year's program (rates) as it is and we defer for 60 days oUr decision what we do for next year. Councilor Figley stated that she would be willing to support the motion provided that it had a 6 month wait rather than 60 days. In her opinion, the Committee worked very hard on this project and she is thankful for their efforts in arriving at a rate structure that overall seems to be fair to the residential customers. If the 6-month period would take us to far into the next rate calculation-period, she would agree to revisiting this issue at the first meeting in September. Councilor Jennings expressed his opinion that the Committee worked hard to develop a fair proposal and he is not willing to make any changes to the existing rate structure. PUGH/SIFUENTEZ .... amend the motion to revisit this issue at the first meeting in September. Councilor Pugh stated that the intent of his motion is to give the City some time in which they can look at potential modifications to the rate structure to see if it can be made better. Mayor Kirksey stated that she had requested the evaluation of rates which would change the minimum 500 cuft to 400 cuft per month and reduce the rate per 100 cuft above the minimum from $3.59 to $2.70. Under this method of calculation,' .customers would pay more for sewer if they use less than 800 Cuft of water each month. Those using 2,000 cuft of water would pay $10.65 less each month under the alternative Page 8 - Council Meeting Minutes, May 13, 1996 3A COUNCIL MEETING MINUTES May 13, 1996 TAPE READING OLCC granted her request to remove the restrictions from her RMB license in June 1995, she never did quit using the compliance plan agreed to between her and the City. She reviewed the measures she has taken at her establishment over the last few months to closely monitor the activities of her patrons. Additionally, she has drastically curtailed her real estate business in order to spend at least 30 hours per week, most often substantially more hours each week, at The Raven Inn. She reiterated her desire continue her operations at the tavern and willingness to enter into a comprehensive compliance plan with the City. Councilor Jennings stated that he was willing to reconsider the Council's previous action, however, he did not vote on the prevailing side so he is unable to make the motion to reconsider. Councilor Figley expressed her concern regarding the business's ability to control the situation once the compliance plan was lifted. Ms. Wiltsey stated that she thought she had no problems at the business until such time as the undercover operations began last summer. She realizes now that she was not spending enough time at the business. Councilor Sifuentez objected to an earlier statement made by Ms. Wiltsey in that Woodburn is a problem town. Ms. Wiltsey stated that she meant that the taverns are a problem in Woodburn. She also commented on an excerpt from one of the reports that points out that OLCC had made 13 visits to her establishment and no problems were found. .Additionally, OLCC Investigator Mike Schnoebelen has made a written recommendation to issue the business a Warning and renew the annual license with license restrictions as an option. She reiterated her desire to work with the City and requested the Council to reconsider their previous action to recommend denial of the license to OLCC. Following Ms. Wiltsey's presentation, the Councilors made no motion to reconsider their previous action. ~898 ACCEPTANCE OF pUBLIC UTILITY EASEN~NTS ALONG S, pACIFIC HI6~WAY. Public Works Director Tiwari stated that the water main adjacent to 110, 160, 180, 200 and 220 S. Pacific Hwy. is undersized and all of the property owners, excluding 220 S. Pacific Hwy., have signed a 16-foot wide utility easement to allow for the replacement of the line. He noted that .the line will not be replaced at 220 S. Pacific Hwy. unless the property owner grants the easement. Easements have been signed by the following property owners: Kalberer Hotel Supply Co. 110 S Pacific Hwy .Beverly J. Brack 160 S Pacific Hwy Cost Plus 180 S Pacific Hwy Cost Plus 200 S Pacific Hwy Page 6 - Council Meeting Minutes, May 13, 1996 3A COUNCIL MEETING MINUTES May 13, 1996 TAP~E JENNINGS/FIGLEY .... public utility easements be accepted. The motion passed unanimously. 2015 BID AWARD -- LEGION PARK PICNIC PAVILION RECONSTRUCTION BID. Bids for the reconstruction of the picnic shelter which was damaged in the December 1995 windstorm were received from the following contractors: CMJ Construction (Lake Oswego), $21,435.00; and Woodburn Construction (Woodburn), $29,725.00. Staff recommended awarding the contract to the iow bidder, CMJ Construction, who will be mandated to have the project substantially completed by June 21, 1996. JENNINGS/SIFUENTEZ .... award the bid to CMJ Construction in the amount of $21,435.00. Councilor Pugh questioned if the City could give preference to a local bidder since, in his opinion, the City should keep as much business as possible locally. It was noted that the law does require the acceptance of iow bids provided that the specifications are met. On roll call vote, the motion passed 5-1 with Councilor Pugh voting nay. 2175 CLAIMS FOR TwR MONTH OF APRIL 1996. SIFUENTEZ/PUGH .... approve voucher checks #31228 - #31518 issued during the month of April 1996. The motion passed unanimously. 2194 Deanna Jolly, owner of Artic Circle, questioned the progress of the transient business issue. Mayor Kirksey stated that the Committee has now given the staff instructions on how to proceed and this issue will be addressed at the first Council meeting in June. 2246 Councilor Jennings suggested that the City consider sending an individual back to Denver CO to attend the 3-day conference on privatization of public works activities. In his opinion, the City needs to keep abreast of these issues since privatization practices are moving towards the west coast. Staff will obtain the information from Mr. Tack and look into the matter. 2320 STAFF REPORTS. (A) Wastewater Service Charge and Related Issues --- Mayor Kirksey stated she had asked the Public Works Director to prepare the set of calculations included in the packet and, after considering those numbers and talking to individuals within the community, they are not interested in making a change unless it is strictly to volume rate charge which will impose additional monthly fees to customers with high usage. In addition, she had received a letter from Barbara Lucas reiterating her viewpoint on maintaining the fair share concept. Page 7 - Council Meeting Minutes, May 13, 1996 TAPE READING Tape 2 0O20 0200 0265 0387 COUNCIL MEETING MINUTES May 13, 1996 schedule. In summary, she concluded that the rate structure recommended by the Committee is the fairest method especially since customers can, to some degree, control the amount of water used and how much they will ultimately pay for this service. For the Council's clarification, Administrator Childs stated that the new rate will go into effect next spring and the Council could review this issue anytime up till March 1997. The wastewater rate now being paid by each customer will remain the same for a 12-month period after which a new rate is applied based on the 3-month recalculation period during the winter months. He also reminded the Council that the City needs to continue moving forward on the Bond Sale and further consideration of our Facilities Plan by DEQ to the extent that both items need funding stability. Following some further discussion on this issue and parliamentary procedure, Mayor Kirksey called for a roll call vote on the amendment. The vote was 3-3 with Councilors Hagenauer, Figley, and Jennings voting nay. Mayor Kirksey voted nay to break the tie. She then called for a roll call vote on the first motion. The vote was 3-3 with Councilors Hagenauer, Figley, and Jennings voting nay. Mayor Kirksey voted nay to break the tie. Councilor Chadwick questioned the status of the recalculation period in those instances where customers were gone during the winter months and are now being charged a sewer rate equivalent to the 700 cuft average even though there monthly average is less than the'minimum. Public Works Director Tiwari stated that the 3-month average can be developed during the winter months or any subsequent period, however, staff will need to bring back an ordinance to the Council to allow the calculation period for subsequent periods as discussed in the prior workshop. (B) Banking Services Finance Director Gillespie informed the Council that a Request for Proposal has been advertised with proposals to be submltted by May 2?th. The City has utilized the service of Bank of America since 1990 and the RFP will give the City an opportunity to reevaluate our banking service needs. (C) Transit Route Modification --- Effective July 1, 1996, the route will be slightly modified to provide adequate time for loading/unloading passengers and keep it on a consistent .time schedule. 3A Page 9 - Council Meeting Minutes, May 13, 1996 COUNCIL MEETING MINUTES May 13, 1996 TAPE READING (D) Proposed Reduction in $10 Non-School Property Tax Cap --- In a memo from Administrator Childs, he briefly outlined a proposed change in the property tax structure being considered by the State Senate Revenue and Tax Policy Committee which would limit the reduce the $10 per $1,000 limit to $9 and increase the school limit from $5 to $6 per $1,000. The potential impact to the City is a loss of $327,425 in addition to the estimated $135,772 loss from the current $10 per $1,000 limitation. JENNINGS/FIGLEY .... would like to have the City reply to the appropriate agency stating our negative support for such a proposal. The motion passed unanimously. (E) Memo Opinion On Executive Sessions --- City Attorney Shields prepared the memorandum opinion in order to give the Council some guidelines on meeting notice requirements and executive session subjects. (F) Draft Graffiti Ordinance -- The Council received a copy of the draft ordinance in order to give them an opportunity to review the material prior to the public hearing on May 20th. (G) Building Activity Report for April 1996. Q457 CITY ADMINISTRATOR'S REPORT, Administrator Childs informed the Council that he, along with other City Administrators and officials, will be attending a meeting tomorrow with OLCC officials to discuss community concerns. He, along with Chief Wright, have developed several questions such as the degree of credence OLCC gives to the City's recommendations and more detailed information on "party status" He also recently received a brochure from an organization called "Livable Oregon" who will be giving a conference at Seaside on June 13th and 14th. This organization is involved with the Oregon Downtown Association and hopefully, a member of WDA will be able to attend. 0540 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez requested that, on meeting nights, City vehicles be parked across the street in order to provide ample parking to citizens closer to City Hall. Councilor Pugh agreed with Councilor Sifuentez's request and he mentioned that the new Library parking lot does provide a more secure area due to the lighting. Councilor Figley feels that the Council needs to thoroughly review the Facilities Task Force recommendations to identify the needs and wants of the community. She urged the Council Page 10 - Council Meeting Minutes, May 13, 1996 3A TAPE READING 0732 0744 Q811 COUNCIL MEETING MINUTES May 13, 1996 to 9et the community involved to receive their input on these recommendations. Councilor Jennings urged the Mayor to appoint a Community Center Task Force for the purpose of obtaining public opinion on the issue of constructing a new community center. Mayor Kirksey stated that she would like to hold a Council workshop with the Facilities Task Force and Community Center Task Force during the month of June. She requested the Councilors to submit names of potential appointees to the Community Center Task Force to her within the next few days. EXECUTIVE SESSION. JENNINGS/FIGLEY... adjourn to executive session to (1) conduct deliberations with persons designated by the governing body to negotiate real property transactions under the authority of ORS 192.660(1) (e), and (2) consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed under the authority of ORS 192.660(1) (h). The motion passed unanimously. The meeting adjourned to executive session at 8:54 p.m. and reconvened at 9:25 p.m.. Mayor Kirksey stated that no action will be taken by the Council as a result of items discussed in Executive Session. The Mayor also invited the Councilors to attend a function at the Senior Estates Clubhouse on Friday, May 17th, 3:00 p.m., at which time the Rose Festival Princesses will be attending the function. FIGLEY/PUGH .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:28 p.m.. 3A APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 11 - Council Meeting Minutes, May 13, 1996 Executive Session COUNCIL MEETING MINUTES May 13, 1996 3A Executive Session COUNCIL MEETING MINUTES May 13, 1996 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 13, 1996. The Council mat in executive session at 9:00 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present 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: Shelby Case, Woodbum Independent The first portion of the executive session was held under the authority of ORS 192.660(1)(h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. The second portion of the executive session was called under the authority of ORS 192.660(1 )(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. ADJOURNMENT. The executive session adjourned at 9:23 p.m.. APPROVED. NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, May 13, 1996 MINUTES WOODBURN PLANNING COMMISSION APRIL 25, 1996 3B 1) ROLL CALL: Chairperson Mrs. B]elland Present V'~e Chairperson Mr. Atldnson Present Commissioner Mrs. Warzynski Present Commissioner Mrs. Henkes Present Commissioner Mrs. Schultz Absent Commissioner Mr. Will Present Commissioner Mr. Frawley Present Commissioner Mr. Lawson Present Commissioner Mr. Palmer Present Staff Present: Steve Goeckritz, Community Development Director Jason Tuck, Planning Tech 2! 3) 4) 5) MINIJll=_S: Commissioner Palmer made the motion to approve the Planning Commission minutes of April 11, 1996. Commissioner Will seconded. A vote was taken and passed unanimously. The Planning Commlssion meeting minutes of April 11, 1996 were accepted as written. BUSINESS FROM THE AUDIENCE: None COMMUNICATIONS: None EXECUTIVE SESSION: Commissioner Frawley made the reconvene into an 192.660. PCIV~PCM4-25.9 6 SGd~w motion for the executive session pursuant Commission members to to the authority Of ORS 6! Commissioner Warzynski seconded the motion. A vote was taken. City Attorney, Bob Shields, asked the Commission to be heard on a point of order. The motion needed to be read in it's entirety and another vote be taken. C~y Attorney, Bob Shields asked Commissioner Frawley to restate the motion. Commissioner Frawley re-read the motion in it's entirety. Commissioner Warzynski seconded. A vote was taken and passed unanimously. Commission members reconvened into an executive session to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. Commission~members ratumed from executive session and Chairperson Bjelland called the Planning Commission meeting beck to order at approximately 8:06 p.m., stating no action was taken in Executive Session. She called for a 10 minute recess. PUBUC HEARING: Site Plan Review 92-12 Holiday Inn Interpratatio~o~l Enforcement of Access Conditions, Continued from the March 28, 1996 hearing. Staff read the statement necessary to begin the hearing. 3~e nature of the · access condition application is-the Interpretation/P_otentl?l .Enfor..~.nt .... annroval, Site Plan 92-12. The appl~,ent In tn, onglna~ case was no.u. ay :.~.- ~=~,~,',~-,=. Staff read the Approval Criteria, the Raise it or Waive It Ru~e, me ~'~1~'~ Have the Record Remain Open, the Right to Have the Hearing Continued. Staff read into record a list of Staff exhibits: Staff Exhibit I - Staff Report Holiday Inn Express SPR 92-12 Staff Exhibit 2 - Notice of Public Hearing - October 26, 1995 Staff Exhibit 3 - SPR Map on overhead projector Staff Exhlbit 4 - Staff Report to the Planning Commission, from the community Development Director, October 3 8, 1995 Staff Exhibit 5 - Site Plan Map, January, 1993 3B PCI~OCM4--25.96 SG:bw 2 Staff read into the record a list of Holiday Inn Express Exhibits: Exhibit I - Correspondence from Donald McClain, Attorney, on behalf of Robert and Shirley Jansen, property owners of the Holiday Inn Express, April 24, 1996. Staff read into the record a list of Wendy's exhibits: Exhibit I - Correspondence submitted by Bill Kloose, Attorney, on behalf of Mardeen Corporation, owner and operator of Wendy's Restaurant located on Hwy 214. Staff gave a historic overview of the 8pplication for the benefit of the Commission members who ware not members of the Commission in 1992 when the application first came before the Commission. The state and. city agreed to make this a smoother flowing highway with the amount of traffic the Holiday Inn would generate, some of the access points along Highway 214 needed to be closed and a new safe access made. If this could not be done, then a median strip down the middle of Highway 214 may be Installed. The median strip was felt by the Commercial businesses in the area to be unfavorable. Staff started warldng with different property owners to come up with a solution to this problem. Fairway Plaza was contacted and it was negotiated that Fairway would donate right of way in the-area of Highway 214 so a control light could be Installed. Wendy's was contacted, and city staff recommended to close one of their driveways on Hwy 214 due to the fact it was too close to the intersection of Hwy 214 and the Evergreen Extension. There would be a one way entry into this area which belongs to the Holiday Inn Express and is utilized by Wendy's, Denny's and J's restaurants. The driveway at J's, closest to the one way entry, needed to be closed. A new access would be built onto the One way entry for egress from J's restaurant onto the one way entry and the Evergreen extension. Staff was looking at four property owners to participate in this program to make this traffic situation work. Unfortunately, one of those agreements was not met. Trm Planning Commission needs to look at the facts and listen to the various participants. The City Attorney, Bob Shields, would also be giving the Commission information, Hopefullyw the Commission will be able to come to a decision in the near future. Staff marked on the overhead site plan, Staff Exhibit 3, each property owner and their access points. They ere listed below: Public access/Evergreen Road Wendy's access J's Restaurant access which was closed ~25.96 SG:bw 3 D. J's Restaurant new access E. Holiday Inn Express - Evergreen extension access Commissioner Will asked staff 1) if the Holiday Inn Express could have been built without J's or Wendy's? 2) Did Holiday Inn pay for all of Evergreen Extension? Staff answered, Holiday Inn Exlxess paid a substantial amount for the Improvements, Fairway Plaza donated the right of way. He stated he did not know the exact breakdown. There were other participants in this also: The reason Wendy's and J's were Included in this proposal was the fact the State wanted to see driveways closed. Staff stated in the future the State may still want to put in the median strip. Commissioner Atklnson asked if the proposed north access for Wendy's wes ever located on the plot plan? Staff answered yes, but not specifically. Some of the suggestions were too close to the intersection or corner for safety. Commissioner Henkes asked if the Holiday Inn was the sole owner of the access from Highway 214 and the northern access, north of Wendy's? She also asked who was .responsible for the maintenance of these. Staff answered yes, Holiday Inn Express is responsible for the. improvements from the northeast romar of J's and the northwest comer of Wendy's up to their facility. City Attorney Shields asked staff, for the record, if he was talking about the driveway labeled, Holiday Inn Express Et Al? Staff answered yes. Commissioner Palmer asked staff if to their knowledge had Wendy's closed the d~veway marked Exhibit "B"? Staff answered, to his knowledge, the driveway had not been closed. Bob Shields, City Attorney, presented Staff Exhibit 6 - a Memorandum of Opinion 96'01, dated 4/25/96. W'~h the CO...n~. io.n's.~n_ h_e..r_e~_d~in~t,°, the record. Access Condition SPR 92-12. His legal opln~n was mqutmL=u u¥ the Planning Commission, concerning the ~e_tter from Sill Kloos, Attorney f_o.r Mardeen Corporation who operates Wendy s Restaurant on I~ghway 214. He gave a short history of the proceedings. No access agreement between - ,involved parties had been reached. The 1992 Planning Comnd~ion decision pCJ~M~25~6 SGd~w was appealed to LUBA (Land Use Board of Appeals). August 17,1995 Planning Commission voted to withdraw for reconsideration it's August 12, 1993 action from LUBA. October 10, 1995 was the date set for the public hearing, it was continued urm3 January 11, 1996, then February 22, 1996, then March 28, 1996 in hopes that the Involved parties could voluntarily settle this dispute. Unfortunately, the voluntary settlement did not materialize and so the hearing was continued until April 25, 1996 so a legal opinion could be prepared..1) State Highway access,... {a) eliminate 1 of the 2 driveway access points along Highway 214 to the J's Restaurant, the access closest to the Holiday Inn Express driveway access. In turn the Holiday Inn Express will allow J's access off of their driveway. (b) eliminate I of the 2 access points on Highway 214 to Wendy's Rastaumnt. The driveway access closest to Fairway Plaza. An alternative access would be accommodated along the Evergreen Road extension, along the westerly portion of the Fairway Plaza property. (c} the third action would require dedication of street improvement of Evergreen Road to a point that access to the Holiday Inn Express could be reaF~ed. (d) allow for the driveway access between J's and Wendy's restaurants to be entrance only .... (e) curb cuts for Wendy's and J's should be placed on the northerly portions of the properties. (4) Legal opinion - evaluation of Wendy's (Mardeen's) legal position on the access condition. In representing to the Commisslon that.it has a vested right to the completion of the nmlhem access driveway onto the Evergreen Road extension. Wendy's, (Mardean's} is attempting to apply a legal concept that does not fit the facts of the case. Clackarnas County vs. Holmes ... vested rights in Oregon. In that case Holmes bought property, which was unzonad and nozone contemplated. Holmes spent $33,000.00...-zone changed ....Cisckamas County-sued to 'stop Holmes .... By way of contrast, Wendy's {Mardeen) not the applicant in this case, but as a third partythat hopes to benefit from but not pay for a northern access onto Evergreen Road extension. Wendy's (Mardeen's) attorney's letter to the Planning Commission provides= as follows: "... changing access conditions extreme..We relied on these conditions and allowed access to the west to be diminished. After reduction of access on the west and before derwery of the promised access to the north. Our right to their full Implementation has vested. ... vested right to have the access to the north completed .... without compensating Mardeen for loses ... due to crippled access ....' The city attorney stated Mardeen had not expended any money towards this proposed development- As a-legal matter, the State of Oregon has control over all access to If;hway 214. The Planning Commission can only make a recommendation to the State. Other than spending a substantial amount of money to litigate this dispute, Wendy's (Mardeen) has not demonstrated it has spent any money. The facts in this case are in far contrast to tltose .outlined above in the Cisckamas Co. vs. Holmes case. Wendy's (Mardean) has not An ~ ueed t~ ~ew a~t inlmt~l ~ of quoted material- PClVI~CM~25.96 SG:bw 5 expended any money but still claims it has a vested right. In order to claim a vested right it requires a monetary commitment. Mardeen wants delivery of access to the north, but not pay Holiday Inn Express any money, wants to use the north access but not close the access on to Highway 214. (5) If the Planning Commission requires Holiday Inn Express to provide a northern driveway to Wendy's (Mardeen) without compensation would subject itself to a c'~il liability for an unconstitutional taking of property. He referred to Nolan vs. California Coastal Commission and Dolan vs. City of Tigard. 'The city cannot meet both the Nolan and Doian test .... It is anticipated that these legal test will be hard if not Impossible to meet .... ' He referred to Schooner vs. Kiarnath County case... The City Attomey's recommen~.ation to the Planning_ Commission was to go ahead and conduct the public heanng, consider the staff report, and all testimony presented by staff and private parties wishing to testify and if they so wished make a motion to direct staff to prepare an order to not enforce the remainder of this condition of approval. Chairperson Bjelland asked for applicant.to speak. Bill Kioos, attorney for Wendy's/Mardeen, asked for a point of order. He stated it might be just an oversite, but the Planning Commission members need to voice if they have had any exparte contacts. Chairperson Bjelisnd asked if any of the Commission members had any exparte contacts o All of the Commission members stated they had viewed the property only. No contact had been made with any Individuals. Mr. Klcos stated he was confused es to what is in the record. What really was the application before the Commission this evening? He stated he would ask for the record to remain open so he could supplerrmnt it. He needs to .know what is in the record. He asked if his assumption of the original application and all the supporting material is already considered to be pert of the record? St~ff answered they have additional information not submitted into the record, I.e. correspondence between the parties, previous reports staff was developing w~e coming to a consensus with the State on road configuration, etc. Staff tried to focus on this particular Issue and felt comfortable with the material submitted into the record as staff exhibits would give the Commission a good overview es to what was needed. Mr. Kioos stated ha wished to compile all correspondence,' etc in order and have it put into the record. He asked what is the application actually before the Planning Commission, who asked the Commission to do it, where is their · application? He did not know of an actual application filed asking the SG:bw 6 Commission to do anything. Bob Shields, City Attorney, stated there is not an application in a conventional sense in terms of filing an application. The applicant in the original proceeding Is here. The Commission has the authority to look at this access condition on this approval. The CommL~sion withdrew their decision from LUBA. Mr. Kloos stated he wished to sketch his clients position for the Commission. The hearing notice which states Interpretation/Potential Enforcement of Access Conditions, he stated they were in agreement the access condition issue is currently part of the permit. He asked the Commission what they were going to do about it? Mr. Shields stated he felt .the Commission has a land use question before it Involving intarpratation of an access condition, the city is not conceding. Mr. Kloos is free to make his argument. The city is not making an admission as to that fact. Mr. Kloos stated the City took a voluntary remand from LUBA, by taking this voluntary remand what ever you though you did is a nullity.- Our base line that we are starting with is the original 1992 Site Plan approval. The. scope of the notice is the Interpretation/Potential Enforcement of Access Condition. He stated this is much different than twing to make the condition go away. If the city is thinking about making the condition go away, stripping it from the permit, Is a different matter. This is not what wes stated in the notice. Mr. Shields, stated the Issue before the Commission Involves the Commission's Inherent autho~ to look at this access condition, notice it states Interpretstion/PotentisI.Enforcement. It would be e land use decision. Don McClain, attorney, representing Mr. & Mm. Jensen, owners of the Holiday Inn Express. His address is 333 SW Taylor, Portland. He explained the existing driveway is owned by Holiday Inn/Jensen. There is a 65 foot easement for Wendy's egress/ingress. There is no easement on to the Evergreen extension for Wendy's. All the expenses were put into the pot and paid by all adjacent property owners but Wendy's. Wendy's was offered the same proportion as the smaller three participants. Wendy's declined to participate asking for some conditions which would have given them a preferential position over the other participants, so no agreement was ever reached. The proposal offered to Wendy's at that time, is still available, but Wendy's still declined to participate. The condition cannot be met without an agreement. Parties invited to share a joint undertaking and one declined. This has not be resolvable. Now the party has attempted to raise issues with this Commission that are unjustified in law in an attempt to extract property at no cost or to try to impose upon the Planning Commission and the City, a threat, PCM~eCM4-25.96 S;.'bw 7 3B if they do not get what they want, there will be penalties. He felt this approach could be put aside.and resolve this matter on the basis, if Mardeen hasn't come up with a new theory, then the existing access conditions imposed, be withdrawn and approving the property as built. All the conditions which could be met have been met. He had further discussion regarding the vested right Issue and whether Wendy's/Mardean expected to get this driveway bun for flee. He stated to put in a driveway at this time would be much more costly at this time. This could have been accommodated at the time when the road was built. Commissioner Will asked Mr. McClain if everyone paid their fair share except Wendy's? Mr. McClein answered Wendy's never signed agreement. When Wendy's did no~ pay their falr share, some of the other parties shares went up. Mr. Kloos presented a letter as Wendy's. Exhibit 2, dated April 25, 1996. Mr. Kloos stated the had e procedural objection regarding the notice of Interpretation/Potential Enforcomant did not tell his client the city is going to make the decision go away. He stated attorneys do not present evidence, they present legal facts. Clients need to be present. He sta~ a new notice and he, ring would have to be held if this is what the city plans to do. Bob Shields, City Attorney, counseled the Commission after hearing Mr. Kloose's testimony maybe the matter should be continued so there is adequate opportunity to produce any further evidence, documantaw or in person. Mr. Kloos second point of order was if the Planning Commission had the authority to yank the condition from the permit. Site review has been applied for and approved and there is no provision in the code which deals with the review approval that gives the Planning Commission any authority to on its own modon to go in and change a site review that is outstanding. If you are. yanking a condition you are really changing the permit. He referred back to his Mamh 18, 1996 letter, first footnote of this letter, Section 11.030 (b) of the zoning code says 'any Conditions attached to the approval of the site plan shall be conditions on the Issuance of the building permit. A violation of the conditions shall be considered a violation of this ordinance.' He stated an application is needed. He was concerned about the comments made about Wendy's/Mardeen wanting this access and not wanting to pay for it. He stated in none of his correspondence is there a statement saying Wendy'slMardeen wants the access for nothing. We have never taken that position. Admittedly there is a disagreement as to how much should be paid. No one is asking for flee access. He stated he heard*County Counsel say Wendy's' hasn't performed out it's side of the bargain. The site plan conditions anticipated that PCM~PCM4-25-96 SG:bw 8 Wendy's would close its access "B" directly to Highway 214. Wendy's couldn't do this until they get alternate access. We are making do with what we have until we get what we are entitled to. There wes discussion from legal counsel and Mr. McClain that if the Commission enforces this condition you will ~e "taking" property from the applicant and it would be unconstitutional under the Nolan and Dolan decisions. He stated first of all Wendy's is not asking for access without payment. The question is how much? So there is no taking without compensation. More significantly this theory is a offered by the applicant as to why the Commission needs to change the condition. The condition of requiring the applicant go get an agreement wes installed in 1992. If the applicant didn't like the condition, the time to appeal this condition wes within 21 days of the decision. The statements Wendy's is unwilling to settle, unwilling to deal, is just not grounded in the record. He referred to a paragraph in a letter from Mr. Jansen toMr. Goeckritz, dated January 21, 1993. This was submitted to the. record as Wendy's Exhibit 3. 'As we both agree the Planning Commission approved my site plan review with the condition that prior to issuance of a permit the neighbors and I agree to changes in access we had worked out In your office and presented to the Planning Commission. The Planning Commission did not prescribe a form for the neighbors approval. After the meeting I had my attorney prepare an agreement for the neighbors signature which Indicated their willingness to do the job. That agreement has been signed by all the neighbors and submitted to your office. Further I have assembled ell the neighbors in your office on two separate, occasions to reaffirm their willingness to proceed with the project." He stated he was offering this letter to show Wendy's is not the problem. Admittedly they have not come to an agreement yet. This is not a one sided problem. He understands there is mitigation in circuit court between the parties. He is not involved in circuit court. He does understand a settlement was reached which included the city. The city rejected this settlement. The settlement issue is not as one sided as staff and Mr. McClain make it out to be. He further discussed the status of the decision with LUBA, the city wanting the condition to go away, but the Plannlng.commission never voted on the condition going away. What ever the City thought it did, is an a nullity. This is the effect of a remand from LUBA. All that is left is the 1992 decision regarding the condition. Apparently the agreement was never reached but the building permit was issued anyway by the city in violation of the condition. We are in the position of still saying where is our access? To his understanding, the scope of this hearing is not should the condition be striped, based on the notice is them an interpretation to be done and does the city want to say let's go enforce it right now. He requested the opportunity for everything that has happened from the October 1992 until now be put into the record. · Chairperson Bjelland was concerned about the letter stating that all of the parties had signed an agreement. She asked if Wendy's had signed this? SG:bw Mr. Kloos stated he did not know, he did not have this agreement. Staff stated they would check to see if the agreement was in the record. Staff stated if a continuance was granted, he wished to request it be continued into June. He recommended June 27, 1996. Mr. Shields stated a motion would appropriate at this time if Mr. McClain ha~ no rebuttal. Mr. McClain stated if the Commission was going to allow them to bombard them with documents, there could certainly be a lot of documents. Mr. Shields stated a land use decision involving this condition, public hearing testimony will be allowed. Mr. McClain and Mr. Kioose am free to submit testimony as long as the public hearing is open. It is very possible them will be a number of documents. Chairperson Bjelland asked if where Mr. Kloose had stated it was not stated correctly on the notice regarding the Interpretation/Potential Enforcement. Is them anything the Commission needed to do? · Mr. Shields answered he did not agree with everything Mr. Kloose was saying. It was his adviseto the Commission should do nothing with the notice wording. Commlssloner Palmer made the motion to continue SPR 92-12 to June 27, 1996. Commissioner Warzynski seconded the motion. A vote was taken the motion passed. SPR 92-12 was continued until June 27, 1996 7) DISCUSSION: None 8) REPORTS: A. Minor Partition 96-03, Cam's Subdivision Lot 38 Applicant: Penny Tischendorf for Elena Cam Staff stated administrative approval was given. . B. Minor Partition 96-02, 395 Shenandoah Lane PCM~PCkf4-=$.96 10 SGfl)w 9) 10) Applicant: Mike Hoge for Demetry Erofeeff Staff stated administrative approval was given. BUSINESS FROM THE COMMISSION: Nor)e ADJOURNMENT: Commissioner Palmer mede the motion to adjourn the Planning Commission meeting. Commissioner Warzynsld seconded the motion, A vote was taken. The Planning Commission meeting adjourned. ~P~"M4-2S~6 1 1 EXECUTIVE SESSION WOODBURN PLANNING COMMISSION April 25, 1996 3B DATF~ CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MAR~N, SATE OF OREGON, April 25, 1996. CONVENED., The Planning Commission met in executive session at 7:13 p.m. with Cit7 Attorney N. Robert Shields presiding. ROLL CAU.. City Attorney, N. Robert Shields Chairperson BjMl;nd Vice Chairperson Afldnson Commissioner Warzynski Commissioner Henkes Commissioner Palmer Commissioner Will Commissioner Frawley Commissioner Lawson Present Present Present Present Present Present Present Present Present Ci;y Attorney, N. Robert Shields reminded the Planning Commission members and staff that ;nformation discussed in executive session is not be discussed with the pcolic. S~f Present: Community Development Director, Steve Goeckritz Planning Tech, Jason Tuck Clerk, Brenda Williams The Plannng Commission met in executive session under the authority of ORS 192.660 {1)(h) to consult with counsel concerning the legal rights and duties of a pubr,: body with regard to current litigation or litigation likely to be filed. ADJOURNMENT: The execu'Jve session adjourned at approximately 8:06 p.m. TO: FROM: SUBJ.: DATE: MEMO Woodburn City Council Nancy A. Kirksey, Mayor Community Center Advisory Committee May 17, 1996 4^ I have appointed the following individuals to serve on an ad-hoc committee to investigate the feasibility of a new community center for the City of Woodburn. Each has agreed to serve on this committee. The function of the committee will be similar in nature to the Swimming Pool Advisory Committee that helped to secure our new aquatic center. Joan Garren Sonia Kool Obie Garza Dale Yuranek Frank Lonergan Darrell Mendenhall Hazel Smith Barbara Lucas JoAnn Bjelland This group of citizens represents the initial round of appointments to this committee. I have talked to others about the possibility of serving and intend to appoint more people to this committee. In that vein, if you wish to recommend someone to serve on the committee, please contact me. 6A Fax Transmission To: Prom: R~ Pages: 3 Woodburn City Council Fax: 503 982-5244 Rick Roll- President, The Oregon Business Coalition for High Speed Rail Tel: .503 226--3643 Fax: 503 226-3712 5/14/96 ~i~ Speed ~ Dear County Commi~iono-a, ,~p~ou w.ol..i know by now, High Speed_ Rail it. at a critical turning point in the Willamette . Without tim ~uplgaX of local cities and counties in ~¢ V_.a~ the~ w~l ho no High Ra~! and Ih~ problmna of congestion that corec with tho anticipa~ ~on growth will be ~n.g to our communities and our quality of life.. Thi__s IS why we urgc y._on tojaass.a .?olut/on dedi]esting 10.66% of your ~Tran~ion .Equity Fund allocatmos to me succn~ss of High Speed Rail (see attaclunent for explanation of this fund). This i. nv .e~m?. t is extrd(x~nary not only because of thc mum, bot bocaur~ thet~ is ilO risk assoo~ vnthvY~Ur pledge. Governor Kitzhaber has already pro_mir, ed tho communities of .the .W..dlam0t~ ~._~ tha~ ~ w~al_ d ~ dollar-for-dollar, matching fu_nds fxom tho State _.i;,e40 .s~_ ute: .~n ~ ~thia,.~enat~ H. atfidd .c~. Id potentially turn that money into five times its ongmm vmue. I no'e ~s no risk revolved since none of the plodged roemu~ can be ~peat unle~ tho ~ match is rdea,~L Thefofore, the plan represents a plodg~ which can only ho usod if th~ rnxla-al funds ~ tn:ca rd~asexl and crea~ approzimately a i,000% return on ~ In a climat~ wlgx'~ communities az~ ~xappod for It is im .po~..t_~ take action now for several reasons. By the t~.e the_Oregon Legishture conve?es m 1997, ~ Hatfiekl,..Cha!...mun of the AI~ Committee, and a Stal~l. ?h mp .[~li~l' of H!gh $..]~. Rail, .Mil have reti .r~L. Local gova'nments along the comaor must ~ommun~ate mmr commitment to Washington D.C., so that Senator Hatfield can seek federal malx:hing f~nds. Without action we stand to lose aid in ~king matching funds from Govcmm' Kitzhab~' aM Senator Hatfield. In addition we will lose our designation as a ~ High Speed___ Rail Corridor and a new high speed wain which Amtrak wants to bring here, And finally, the momentum that has been built up by local communities will wither as the people deem the/r efforts useless. As o.f now Salem, Eugene, _A~__bany, Marion County and Linn .Co.u. nty have passed reSOlUtions dedicating 10.66% of their future ~ofl Eqm. ty Fund allocations to cities and counties High Speed _.Rail. We believe that the renulining will also choos~to pledge a ~ of.their ~fu~..u~e run,Is, in an effort to .]pj~..~ a solution to the ever escalating uan~xmation promcm, we liop~ tllat Woodbum vail Non Ihat ~ame train. The 1Yah _moflaion ~uity Pu~ .Th.e Oregon Busi .m~. Coalition for High S_laCed__ Rail has established this plan as a basis for .di.'?.u. mon a~ r~d ~ in thc towns, cities and ccmties in the Willamette Vaney. we uefieve it Is essentm to geflerate a debate m~und a specific and v~able proposal Until now, there has not been a debate on the specifics. We feel this has hindered forward movement of the High Speed Rail effort. We view our role a~ the catalyst for the High Speed Rail discussion. It will be up Io ea~ locnl ~overnment and its dt/zcns to form thdr own plan and act. on it. Thc time is now. The 1996 Special Session of the Oregon Legislature established a $3'/5 million Transportation Equity Fund to finance dty and county transportation proje~ outsidethe Portland Metropolitan Area. The funding breakdown is as follows: $75 million -Melro Funds ($55 million from regional allocation of Federal Surface Translx~tion Program funds nnd $20 million in local government discretionary funds). S1 I0- 120 million - Estimated total tax revenue to the state from the project and related employment. $115 million - LoRety fund payments, Bonds will be issued with the bonds for the light rail project approximately in 2004. - $75 million - Additional funds from metro area. Area to bring pwposal to 1997 Cities will receive 40% of the funds ($150 million) and the oounties 60% ($'225 million). Individual cities share will be based upon population, while each county's share is b.a~ on automobile registration. The cash flow into the fund is extremely uneven due to differing time- lines on . ~c availability of funding ~..~. For example, funds from thc metro ares will be d .q~. ~ .od.over. te9 year..p~:.. _l:~h~. ' g m 1999, whiletbe bulk of thc lottery funds will bc ~vauao~c tn ~ppmxtmattty ;t~u~. '~c income tax revenue will pcnk in thc mid to htcr p~ of the ncxt dccnde. nmos wn cn uegm on JU,y ,. ,v~. uvera ten year penoa mese tunds wsli total $'75 million. For the first five yearg eight million per year will flow into the fund. TRANSPORTATION E _OUITY FUND DISTRIBUTION 6A Transportation F. Xluity Fund Table 10.66~ of the Total for .~ Year~ Annual Fiv~ Year Tot~! ^11 _~__'on Total. Lun~ County 34.608.624 738.317 3,691,587 ~ ~ounty 12291.425 262.217 1.311,085 Benton Oounty 7.63S.S22 1.62,1~98 $14.485 Marion County 28,091,972 ~99,295 2.996.477 Polk Comity 5.875.136 125.3~ 6~_ $ I County Total 88502.9?9 1.8g8.06~ 9.440=~11 g Eugene 16,879.827 360,103 1.800.515 Springfield 6,684,165 J 42.596 712,978 Albany 4,903~14 104~}2 $23~09 CorvallL~ 6,467,847 137,981 689,904 Salem 16J74~84 349,320 1,746~01 Kei~x 3,538,799 75H94 377H72 Canby 1,456,823 3! ~79 155,~94 Da]ln~ 1,476H25 31H97 157,485 Woo~mrn 2.133.080 45~q06 227,~29 ~Itayton 7811~67 16,816 84~082 Sllverton 863J73 18,429 92.146 (~tag~ C~x~o 1,071,'/91 22,865 114,324 l~n 1,603,136 3¢,200 171,001 Swec~ Home !,012,986 21~10 ! (}8~)52 lv~onmomh 979,383 20,894 104~468 C'itv Total ._ 66.234.000 1.41:2.~2 7.064,~)~ 6A T~tal _ 15d.736.979 3.301.0~6 ._ 8A TO: MEMO Mayor and City Council FROM:* Chris Childs, City Administrator Public Hearinp on draft Graffiti OrdinancQ May 17, 1996 SUBJ.: DATE: Legal notice of this public hearing was published in the May 15, 1996 issue of the Woodburn Indeoendent and publicly announced at the regular May 13, 1996 Council meeting. Provided once again for your reference is a copy of the draft Graffiti Ordinance prepared by staff as well as my May 7, 1996 memo which describes the background and intent of the proposed ordinance. Since this is a legislative hearing, rather than a quasi-judicial land use hearing, there is not an 'applicant' per se. A staff report is certainly in order, followed by public testimony either in favor or in opposition to the draft ordinance. Rather than 'rebuttal', the hearing should allow for clarification or answers to any questions prior to the hearing being closed. Following the hearing, Council consideration of any potential changes, based on the public testimony, is a key element in this process. As with other public hearings, the hearing can be continued to a specific future date if there is cause to do so. 8A MEMO TO: Mayor and City Council Chris Childs, City Administrator FROM: Draft Graffiti Ordinance May 7, 1996 SUBJ.: DATE: Attached for your review and discussion is a draft graffiti ordinance. A graffiti ordinance was first discussed and considered by a subcommittee of the Community- wide Gang Forum and the Issue was subsequently put on hold pending any related enactments by the 1995 Legislature. The 1995 Legislature passed Senate Bill 343 which created new state law offenses of 'Unlawful Application of Graffiti' and 'Unlawful Possession of a Graffiti Instrument'. While the new statute makes it easier to prosecute those individuals who aooiv graffiti, it does not address the subject of graffiti cleanun. The proposed ordinance does primarily address graffiti cleanup. Persons responsible for applying graffiti will be prosecuted pursuant to the new state law. Unfortunately, in most Instances, those actually responsible for the graffiti are not apprehended. The ordinance, therefore, makes property owners responsible for graffiti cleanup. Consistent with other city nuisance ordinances, every effort will be- made to encourage voluntary compliance. However, the ordinance prescribes a yew specific process for dealing with instances of non-compliance. The administration of the ordinance has been thoroughly discussed and evaluated by the City Administrator, Police Chief and City Attomey. The draft ordinance has also been informal.ly circulated to the Gang Forum subcommittee, resulting in several positive comments. It is now essential that siva. ff hear the City Council's Input as to the policy aspects Involved with such an ordinance. Due to the potential Impacts this ordinance may have on some property owners, staff has discussed with Mayor Kirksey the merits of holding a public hearing to allow Input from those it may affect. Public hearings per se am not always scheduled in oonJunotion with eaoh and every ordinance considerad. However, the staff/mayor consensus in this case was that a public hearing would be in order and, to expedite the process, we have tentatively scheduled and advertised a public hearing for the May 20, 1996 council meeting. COUNCIL BILL NO. ORDINANCE NO AN ORDINANCE RELATING TO GRAFFITI NUISANCE PROPERTY; PROVIDING FOR NOTICE TO PROPERTY OWNERS; REQUIRING ABATEMENT OF GRAFFITI; PROVIDING FOR REMEDIES; AND DECLARING AN EMERGENCY. WHEREAS, the City Council finds that the presence of graffiti creates a visual blight and property damage; and WHEREAS, the Council further finds that graffiti constitutes a public nuisance and is destructive of the rights and values of property owners as well as the entire community, and WHEREAS, the Council further finds that if graffiti is allowed to remain on property and is not promptly removed, this invites additional graffiti and criminal activity; and WHEREAS, the Council further finds that the continued presence of graffiti encourages gang activity and further acts of graffiti vandalism and defacement; and WHEREAS, the Council further finds that the provisions of this Ordinance do no conflict with any existing anti-graffiti Oregon state laws and that this Ordinance is enacted pursuant to the City of Woodburn's police powers, as specified in the Woodburn City Charter; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: A. 'Graffiti' means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property. B. 'Graffiti nuisance property' means property to which graffiti has been al~plied, if the graffiti is visible from any public right-of-way, any other public or private property or from any premises open to the public, and if the graffiti has not been abated within the time required by this ordinance. Page I - COUNCIL BILL NO. ORDINANCE NO. 8A property. "Owner" means the legal owner of property or a person in charge of D. "Person in charge of property" means an agent, occupant, lessee, contract purchaser or other person having possession or control of property or supervision of a construction project. E. "Property" means any real or personal property and that which is affixed, incident or appurtenant to real property, including but not limited to any premises, house, building, fence, structure or any separate part thereof, whether permanent or not. Section 2. PROHIBITED GRAFFITI. It shall be unlawful for any person to apply graffiti. Section 3. ~. Violation of Section 2 of this ordinance is punishable by the penalty provided by Oregon State Law. Section 4. GRAFFITI NUISANCE PROPERTy. A. It is hereby found and declared that graffiti creates a visual blight and property damage. When graffiti is allowed to remain on property and not promptly removed, it invites additional graffiti, gang activity, criminal activity, and constitutes a nuisance. B. Any property within the city which becomes graffiti nuisance property is in violation of this ordinance, C. Any owner of property who permits said property to be a graffiti nuisance property is in violation of this ordinance. Section 5. NOTICE PROCEDURE, A. When the Chief of Police believes in good faith that property within the city is a potential graffiti nuisance property, the Chief of Police shall notify the owner in writing that the property is a potential graffiti nuisance property. The notice shall contain the following information: (1) The street address or description sufficient for identification of the property. Page 2 - COUNCIL BILL NO. ORDINANCE NO. 8A (2) That the Chief of Police has found the property to be a potential graffiti nuisance property with a concise description of the conditions leading to this finding. (3) A direction to abate the graffiti, or show good cause to the Chief of Police why the owner cannot abate the graffiti, within ten city business days from the date of the mailing of the notice. (4) That if the graffiti is not abated and good cause for failure to abate is not shown, the City Council may order abatement, with appropriate conditions, the City Council may also employ any other remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing a civil complaint to be filed in a court of competent jurisdiction. (5) That permitting graffiti nuisance property is a Class I civil infraction. (6) That the above remedies are in addition to those otherwise provided by law. B. Service of the notice is completed upon mailing the notice by first class mail, postage prepaid, addressed to the owner at the owner's last known address. C. A copy of the notice shall be served on occupants of the property, if different from the owner. D. The failure of any person or owner to receive actual notice of the determination by the Chief of Police shall not invalidate or otherwise affect the proceedings under this ordinance. Section 6. ABATEMENT PROCEDURE-~ A. Within ten business days of the mailing of the notice the owner shall abate the graffiti or show good cause why the owner cannot abate the graffiti within that time period. B. Upon good cause shown, the Chief of Police may grant an extension not to exceed ten additional city business days. C. If the owner does not comply with the provisions of this ordinance~ the Chief of Police may refer the matter to the City Council for hearing as a part of its regular agenda at the next succeeding meeting. The City Recorder shall give notice Page 3 - COUNCIL BILL NO. ORDINANCE NO. 8A of the hearing to the owner and occupants, if the occupants are different from the owner. D. At the time set for a hearing, the owner and occupants may appear and be heard by the City Council. E. The City Council shall determine whether the property is graffiti nuisance property and whether the owner has complied with this ordinance. F. The city has the burden of proving by a preponderance of the evidence that the property is graffiti nuisance property. G. The owner has the burden of proving by a preponderance of the evidence that there is good cause for failure to abate the nuisance within ten city business days of the mailing of the notice. Section 7. REMEDIES OF THE CITY A. In the event that the City Council determines that the property is graffiti nuisance property, the City Council may order that the nuisance be abated. This order may include conditions under which abatement is to occur. B. The City Council may also empioy any other legal remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing the filing of a civil complaint in · court of competent jurisdiction. C. The remedies provided in this section are in addition to those otherwise provided by law. Section 8.' ABATEMENT BY THE CITY. If the owner fails to abate the nuisance as ordered by the City Council, the city may cause the nuisance to be abated as provided in the City Nuisance Ordinance, Ordinance No. 1616. Section 9. 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. Approved as to form: City Attorney Date APPROVED: Nancy A. Kirksey, Mayor Page 4 - COUNCIL BILL NO. ORDINANCE NO. MEMo 'TO: FROM: SUBJECT: DATE: City Council through the City Administrator /~. A Public Works Director - \ Wastewater Treatment Plant Design Contract Award to Brown and Caldwell Engineers May 16, 1996 IOA RECOMMENDATION: The City Council is requested to award the treatment plant engineering services contract to Brown and Caldwell 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 Woodburn 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. To continue the process, a Consultant Selection Task Force was appointed in September of 1996. The Consultant Selection Task Force held eight open meetings to review the technical and cost proposals, contacted the operators of plants designed by two major consulting contenders and made recommendation in favor of Brown and Caldwell consulting engineers. Brown and Caldwell has gathered an excellent team that is very knowledgeable in the treatment process which will be used by the city. The Public Works' staff agrees that Brown and Caldwell Engineers are well qualified to perform the services needed by the city. In fact Brown and Caldwell has on their team Dr. James L. Barnard who is world renowned for his technical work of nitrate removal utilizing activated sludge process. In the last few months, the Public Works' staff has worked on the technical scope of work and the City Attorney has worked on the legal portion of the contract document. The final negotiations have been completed by the staff. On an informal basis, the scope of work was also reviewed by a senior professional engineer who administers contracts for United Sewerage Agency of Washington County. He complimented the city's work on scope development. All Professional engineering services needed for design and construction of the wastewater facility are included with the exception of engineering services for the collection system and poplar plantation that are planned to be contracted to another consulting firm. The cost of professional engineering services to be performed by Brown and Caldwell Engineers is estimated at $4,239,300. It should be understood that the amount in the contract is based on the estimated time needed to perform the engineering tasks. It is requested that the city council approve the attached resolution authorizing the Mayor to slgn the contract document. Brown and Caldwell engineers are ready to start the pre- design engineering work soon after the contract has been officially approved. GST:Ig Enclosures: 1. Resolution 2. Contract document: Legal portion of main contract with Brown and Caldwell - Exhibit A (Project Description) - Exhibit B (Scope of Work) - Exhibit C (Compensation) 3. Proposal to Provide Engineering Services (for your information, the blue book from Brown and Caldwell used by the Consultant Selection Committee is being forwarded under separate cover) Note: -Chairman and/or Vice-Chairman of Consultant Selection Committee will make a brief comment -Brown and Caldwell Engineers will make 8 short presentation on design activities and opportunities of environmental imPrOvements IOA B~,AI4ARD · CC COUNCIL BILL NO. RESOLUTION NO. IOA A RESOLUTION ENTERING INTO AN AGREEMENT WITH BROWN AND CALDWELL, INC., FOR PROFESSIONAL ENGINEERING CONSULTANT SERVICES RELATING TO DESIGN AND CONSTRUCTION OF THE WOODBURN WASTEWATER TREATMENT PLANT FACIUTY AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the City of Woodburn must comply with the Stipulated Final Order issued by the Oregon Department of Environmental Quality; upgrade and replace components of the existing city treatment plant nearing the end of its design life; and plan for expansion to accommodate the community's projected growth; and WHEREAS, in the interest of public involvement, the City Council appointed a Wastawatar Advisory Committee to analyze the complexities of this process and to recommend the most suitable treatment alternative supported by an adequate rate structure; and WHEREAS, on the basis of the Wastewater Advisory Committee's recommendation, input from the public, and Information from consultants and regulatory agencies, the City Council approved a final draft of the Woodburn Facilities Plan and it was forwarded to the Department of Environmental Quality in July 1995; and WHEREAS, in order to secure the best possible professional engineering services, appointment of a Consultant Selection Task Force, consisting of knowledgeable people in the technical and business fields, was made in September 1996; and WHEREAS, the Consultant Selection Task Force, after holding eight public meetings to review the technical and cost .proposals, recommended the selection of Brown and Caldwell, Inc., for engineering design of Proposed Woodburn treatment plant facility; and WHEREAS, a proposed Agreement for Consulting Services has been prepared and agreed to by Brown and Caldwell, Inc.,having been reviewed by the City Attorney (body of agreement) and Public Works staff (technical aspects and exhibits) and submitted to the City Council for consideration and execution; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: SECTION 1. That the City of Woodburn enter into an agreement with Brown and Caldwell, Inc., for professional engineering consulting services relating to design and construction of the Woodburn Wastewater Treatment Facility and that the Mayor be authorized to sign said agreement on behalf of the city. Page I - COUNCIL BILL NO. RESOLUTION NO. SECTION 2. is, by this reference, incorporated herein. A copy of said agreement is attached hereto as Attachment 'A" and Approved as to for~//'~~ City Attorney Date 10A APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Nancy A. Kirksey, Mayor Page 2- COUNCIL BILL NO. RESOLUTION NO. ATTACHMENT "A" Page i of 12 IOA AGREEMENT FOR CONSULTING SERVICES BETWEEN CITY OF WOODBURN AND BROWN AND CALDWELL FOR WOODBURN WASTEWATER TREATMENT PLANT EXPANSION AND UPGRADE PREAMBLE THIS AGREEMENT is made and emered into on this day of ,19._, by and between City of Woodburn, hereinafter referred to as "Owner,' and Brown and Caldwell, Inc., a California corporation, hereinafter referred to as "Consultant." RECITALS WHEREAS, Consultant has available and offers to provide personnel and facilities necessary to accomplish the work within the required time; WHEREAS, Owner desires to retain Consultant to perform the e~gineering work in the manner, at the time, and for the compensation set forth here'm; NOW, THEREFORE, Owner and Consultant agree as follows: I. DESCRIFIION OF PROJECT Owner and Comultant ~gree the Project is m d~cdbed in Exhibit A, entitled "Description of Project." If, during the course of Project, Owner ~nd Consultant ~ree to changes in Project, such changes shall be incorporated in this Agreement by written ~mmdment. II. SCOPE OF CONSULTANT SERVICES Comultant agrees to perform tho~ services de~ribed hereaf~. Unle~ modified in writing by both parties, duties of Consultant shall not be comtmed to exceed those services specifically s~t forth herein. A. Planned Cousulting Services Comultant ~gree~ to perform those planned tasi~ described in Exhibit B, entitled "Scope of Work." B. Special Consulting Servic~ Owner and Comultant agree that not all work to be performed by Comultant can be defined in detail at the time this Agreement is executed, and that incidental engineering work related to Project and not covered in Exhibit B may be needed Agreement for Consulting Services Page 1 ATTACHMENT #A" Page 2 of 12 classified as Special Consulting Services, and additional compensation for such special services, if authorized, shall be as specified in Exhibit C. Special Consulting Service~ include, but are not limited to: Survey personnel and equipment required to prepare and furnish legal descriptions of easement, rights-of-way, and property required for the Project. Providing teclmical information for permit application beyond review of Owner's draft permit, predesign ~tivities, and contract documents preparation unless authorized by Owner. Providing additional permit application assistance beyond the stated hours in Exhibit A. Redesign recommended by value engineering team and requested by the Additional copies of contract documents over the number specified to be furnished. 5. Assistance with a formal bid protest beyond Owner resolution. Evaluation and redesign of contract changes requested by Contractor or Owner after publication of contract documents to reduce construction costs. 7. Field layouts for comtmction except for verification. Soils investigations, including te~t borings, related analyse~ and recommemlnfiom, as necessary for commotion related questions regarding unforseen conditions. 9. Submittal review of Contractor's shoring and dewatering systems. 10. Detailed mill, shop, and laboratory inspection of materials and equipment other than as defined in Exln~oit B. 11. Model test of equipment such as pumps, valves, and hydraulic structures. 10A 12. 13. 14. 15. Assistance to Owner for loan eligibility interface with regulatory agencies outside of stated hours in the scope. Assistance with regulatory agency audits. Appearance as expefl witness. Assistance to legal, financial, or other comultants en~a~ed for the Project except for coordination with other comultants for the pumping station, force main, and poplar plantation. Agreement for Consulting Services Page 2 16. ATTACHMENT Page 3 of 12 Additions to the defined Project described in Exhibit A and scope of work included in Exhibit B. IOA HI. C. Litigation Assistanc~ Unless specifically stated therein, the Scope of Seodces does not include assistance to support, prepare, dcounent, bring, defend, or assist in litigation undemken or defended by Owner. All such services required or requested of the Consultant by Owner or any third party (~cept claims between Owner and Consultant) will be reimbursed at Consultant's standard rates for litigation services. SCOPE OF Owner SERVICES Ao Owner agrees to provide facilities and equipment and to perform the following services: Provide necessary information to the Consultant as to the Owner's requirements for the Project. Assist the Consultant by placing at its disposal all reasonably available information and technical data pertinent to the Project including previous reports and any other date relative to design and construction of the Project including operating data, softs reports, record drawings, and operation and maintenance manuals. Furnish information related to plant site boundaries, as modified, plant property map and legal description, eas~, ami fights-of-way. Provide necessary access and maire all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform its Acquire all the necessary land, easements and rights-of-way required for the Project. Negotiate new discharge permit other than Consultant's view of Owner's draft permit, predesign activities, contract document preparation, and additional permit application assistance if authorized by Owner. Publish notification of public meetings or information about treatment plant construction v~ivities in local newspaper, if required. Furni~ to ~h~ C,o~sultm~ prior to any perfornmnce by the Consultant under the A~'eement, a copy of any design and construction standards the Owner shall require the Consultant to follow in the preparation of the contract documents. Agreement for Consulting Services Page 3 10. il. 12. 13. 14. 15. 16. 1'7. 18. 19. ATTACHM .ENT "A" Page 4 of 12 Perform bench tests for determination of nitrification and denitrificafion rates for use by the Consultant in sizing the aeration system. Participate in design reviews and provide timely and complot~ review of draft documents prepare~l, by the Consultant. Advertise for proposals from bidders and place and pay for all costs incident Participate in the. bid opening and prepare bid tabulations. Present and recommend bid awards to city council. Implementation of final resolution of bid disputes and pt*otests based on C~oilsllltallt rocomm~n: Award contracts including receiving required contractor documem, issuing notice of award, executing the construction agreement, and issuing notice to Obtain approvals and permits, not required in the contract documents to be provided by the Contractor, from aH govermnental authorities having jurisdiction over the Project, and such approvals and consents from others as may be necessary for completion of the Project as defined by the permit tracki~ process included in Exhibit B. Operate the plant during construction. Approve and pay progress payment requests based on Consultant's monthly status reports. Maintain the Owner's project accounting system to collect and track project expenses. Establish change order approval authority for resident inspector, Owner representative, and city council. Present change orders to city council if Resolve claims disputes as defined in the contract docummls. 10A 21. Perfomi required administrative activities and interface with DEQ to satisfy Owner responsibilities for the SRF loan that partially funds this project. Prepare necessary fmancial sUttemmls and rel~Om required by the SRF loan 23. Give prompt notice to the Comultant whenever the Owner observes or otherwise becomes aware of any significant defect or delay in the Project. Page 4 ATTACHMENT "A" Page 5 of 12 Provide records for performance certification. IOA IV. PROJECT MANAGEMENT The Consultaat's Project Manage~ ~ be Woodie Muirhe~i. The Owner's Project Manager ~ be design~ed by the Public Works DirecMr. The Project Margin ~ be autho~ W ~:t on behalf of their respective employers concerning ~ll matt~s related ~o ~his Agreement, excq~ however, that amendments ~o this Agreement shall be ~proved by the Woodbum City Council. The Consultant shall obtain the Public Works Director's ~proval prior to making any change in ~he Consultant's Project Manage~ designation. V. AMERICANS WITH DISABIIXI'IES ACT Any o~he~ provision of the A~reement not withstanding, unles~ otherwise specifiod in tho Sco~ of Services, Consultant shall not be responsible for ~he Project's compliance with the Americans ~ Disabilities Act (ADA) 42 U.S.C. 12101 et seq. m~d the related regulations except to the extmt Owner h~s specified areas to be ~ccessed or used by the public or to ~he extent Owner h~s provided information regmling special use requirements or accommodations for Owner's employees. VI. AUTHORIZATION AND COMPLETION In si~nin~ this A~reement, Owner ~-ants Consultant ~c autho~ to proceed with work specified in Exhibit B. The estimated time fix completion of the detailed design activities is within vne COMPENSATION A. Amount For the services described in Exhibit B, Owner agrees to pay, and Consultant agrees to accept, co~ in acco~tauce with Er, h~it C. As long as the Consultant has not defaulted under this Agreement, the Owner shah pay the Consultant wilhin 30 days of the date of the Consull~nt's invoices for services performed and relm_lqluble expmses incuffed under this Agr~ If the Owner has reason to question or contest any'portion of any such invoice, amounts questioned or contested shall be identified and no6ce given to Consultant within 15 days of the date of the invoice. Any portion of any invoice not contested shah be deemed to be accepted and approved for payment and shall be paid to Consultant within 30 days of the date of the invoice. The Owner agrees to COOlm'ate with Consultant in a mutual effort to resolve promptly any contested portions of Consultant's invoices. Agreement for Consulting Secvices Page 5 VHIo ATTACHMENT "A" Page 6 of 12 In the event any uncontested portions of any invoice are not paid within 30 days of the date of Consultant's invoice, then interest on unpaid amounts shall accrue at a rate of 1.5 percent per month or the maximum interest rate permi_n__~_ by law, whichever is less. Owner shall have the right to ~ Consultant's books and records, and any relevant books and records of a m~bconsultant, in order to verify the accuracy of Consultant's invoice. Said-right of inspection shall extend to all documents necessary. to permit adequate eval~___nfion of Consultant's invoice. RESPONSIBILITY OF CONSULTANT A. Performance of Services The services pedonned by Consultant shall be performed with the same degree of care, skill, diligence, competency, and knowledge which is ordinarily exhibited and possessed by other professionals in good standing in the same or similar filed and independent co~actor and not a servant or employee of Owner. Owner shall have the right to verify that Consultant's perfommm:e meets the requiremen~ of this contract but shall not have the right to control the manner of Consultant's or Consultant's subconsultants' performance. No provision of _this agreetnent shall be construed to create a parmership, joint venture, employer-employee, landlord-tenant B. ~.onsultant's Personnel at Construction Site The presence of Consultant's. personnel at a construction site, whether as on-site representatives or otherwise, does not mak~ Consultant respons~le for those duties that bdong M Owner and/or co~n contractors or others, and do not relieve construction contractors or othm of their obligatiom, duties, and responsibilities, including but not limited to consmsction methods, me~ns, techniques, sequence~, and procedures necessary for coordinating and completing all portiom of the construction work in accordance with the contract documents and any health or safety precam~ns required by such construction work. The Contractor has responsibility for job-site appropriate officials will be notified immediately. 10A Agreement for Page 6 o~_ inions of Cost. Financial Considerations. and Schedules In providing cost estimates, financial analyses, economic feasibility projections, and schedules for lhe Project, Consultant has no control over cost or pfic~ of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; time or quality of performance by third parties; or other economic ami operatio~ f~tors that may affec~ the ultimate Project cost or schedule. Therefore, Consultant makes no warranty that Owner's actual Project costs, De ATTACHMENT "A# Page 7 of 12 financial aspects, economic feasibility or schodules will not vary from Consultant's estim_n_t__~. If Owner requires Consultant to prepare quantity and material take-offs axial/Or cost e~mnt_~ from plans and specificatiom that are less than fully complete, then Owner will hold Consultant harmless from any and aH loss, liability, or claims resultin~ from such incompleteness. Subsurface lnvestieafion~ cJucracteti~ca may v~'y significantly betwem ~ucoe~ive test point~ and sample iave~igatio~ have beea made. Becau~ of ~e iahereat uacemiaties in ~ubsutface affect ~ Project co~t and/or e~ecution. The~e condition* and co~t-execution effects are not the respom~ility of Consultant. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manne~ in which the Projoct was finally constructed. Consultant is not respomible for any errors or omi~iom in the information from 10A IX. CONSTRUCTION MANAGEMENT SERVICES Consultant's review or suporvision of work prepared or perfonned by other individuals or firms employed by Owner shall not relieve tlsme individuals or fL, ms of any responsibility for the quality and adequacy of their work. Any resident e~ or inspection provided by Consultant is for the purpose of 4~_,~ml.lng compliance with the tedmi~al provisions of Project specifications and does not constitute any form of guarantee or assurance with re~p~ m the performance of the Contract. Consultant doe~ not construction work, or for compliance by contractors with laws and regulations. X. WAIVER OF OTCA RIGHTS Comultant hereby waives aH rights Consultant may have under the Oregon Tort Claims Act which arise as a result of an agency or alleged agency rdafionship between the parties. Agreement for Consulting Services Page 7 ATTACHMENT "A" Page 8 of 12 INDEMNITY/HOLD HARMLESS Consultant ~haH defend, indemnify and hold harmle&s Owner, Owner's officet~, employees, agents, and representatives from and against all claims, demat~, penalties, and caus~ of action of any kind or character, including the cost of negligence thereof, including attorney's fees, arising in favor of any person and arising out of the negligence or intentional misconduct or omi~eiorm of Consultant, Consultant's agents, employees, and subconsultants. 10A XIL INSURANCE Ao of insurance to Owner; nor shall Comultant allow any sub~nzultant to commence work on any subcontract until this imurance has been ob~ined_. Consultant shatl maintain the imurance for the duration of this Agreement. Review of the imurance by Owner shall not relieve or decrease the liability of Consultant. B. Consultant shall maintain the follow~ insurance for the duration of this Agreement: Workers compensation insurance in the amount required by Oregon law, and employers liability insurance in the amount of $100,000. Automobile liability insurance in the amount of $1,000,000 per occurrence, combined single limit; Owner shall be added as an Mditiomd insured; e Comprehensive or commercial general liability insurance in the amount of $1,000,000 per occurrence, combined single limit; Owner shall be added as ceflifica~ shah provide for thirty (30) days advance written notice M Owner prior to canceila~n- SUSPENSION OF WORK Owner may suspend aH or a portion of the work if unforeseen circnnt~ances beyond Owner's control make normal progress of the work itnpo~ible. Consultant may request that the work be suspefldM by notifying Own~ of eireun~am~ that are interfering with the normal progress of the work. AH such requests shaH be subject to Owner's approval. Comultant n~y suspend work in the event Owner does not pay invoices when due unless Owner's nonpayment is due to a billing dispute. No suspension or request for a suspension shall be valid unless stated in writing. Agreement for Consulting Services Page 8 TERbflNATION A. ATTACHMENT Page 9 of 12 Grounds for Terminatiou This Agreement may be terminated (a) at Owner's convenience on IS days writtea notice, or (b) for cause ff either party materially breache~ thi~ Agr~ment through no fault of the othe~ and does not cure such breach within 10 days after receiving notice thereof. B. In the event of termination, Consultant shall perform such additional work as is necessary for lite orderly filing of docmneal~ and closing of the project. The frae spent on such work shall not exceed_ tea perce, at (10W) of the time spent on the project prior to the effective date of termination. Owner shall pay Consultant and for all work performed in accordance with the contract and all work necessary for filing and closing as described in this section. IOA ~ Agreeme~ is binding on the heir~, mcc, e~or~, and assig~ of the partie~ hereto, thi~ Agreemeat may not be ~zigned by Owner or comultant without prior wri~a conzent of the other. XVI. NO BENEFIT FOR THIRD PARTIES XVII. FORCE MAJEURE The Consultant shah not be responsible for delay caused by circumstances beyond its reasoaable control, including but not limited to (1) strtlms, loclmuts, work slowdowns or slippages, or accidents, (2) acts of God, (3) failure of Owner ~o furnish timely information or to approve or disapprove Consultant instruments of service promptly, and (4) faulty performance or nonpe~rmance by Owner, Owner's independent gonstdtauts or ~ouir~giors, or governmental agencies; nor shall consultant be responsible for delays occasioned by actiom take~ by Consultant which in the sole judgment of consultant are required by sound engineering practice, consultant shall not be liable for damages arising out of any such dday, nor shall the Consultant be deemed to be in default of this Agreement as a result thereof. Agreement for Consulting Services Page 9 ATTACHMENT "A" Page 10 of 12 XVIH. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Consultant shall comply with all applicable federal, state and local laws, rules and regulations. IOA WO~ COMPENSATION Ao Consultant, Consultant's subcontractors, i'f any, and all employers working under this contract are subject employers under the Ore~on Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workm's' compensation coverage for all of their workers. (This provision is required by ORS 279.320~).) Consultant shall pay aH co~tiom required to be made by Consultant to the Industrial Accident Fund. (This provision is required by ORS 279.312(2)$ XX. HEALTH CARE PAYMENTS Consultant shall pay when due aH sum% including sums withheld from Consultant's employees' pay, which consultant has agreed m pay to health care provid~ for treatment rendered to Consultant's employees. (this provision is required by ORS 279.3~o0).) HOURS OF LABOR No person employed pursuant to this contract shah be employed for more than eight hours in any one day, or 40 hours in any one week, except in ~ of necessity, emergency, or where the public policy, as determined by Owner, absolut~y requires it. Employees shah be cosnpensated at the rate of time and a half for all overthne worked in excess of 40 houri in one week, except for individuals who are excluded from receivin~ ove~hne under ORS 653.010 to 653.261 or under 29 U.S.C. Sec. 201-2(}9. ('l'nis provision is required by ORS 279.316.) (NOTE: Pm'sore who meet the tests for executive, administrative or professional status under fltese laws are exempt from payment of overthne wages.) PAYMENT FOR LABOR, M~~ OR SERVICES Consultant shall make payment when due to all persons supplyin~ labor or mat~al Consultant for lite pro~cution of work performed under this corn-act. ('I'nh provision is requh~d by ORS 279.312(1).) Agreement for Comulting Services Page 10 ATTACHMENT "A" Page 11 of 12 Comultaut shall not permit any lien or claim to be filed or prosecuted against Owner on ~count of labor or material furnished pursuant to this contract. (This provision is required by ORS 279.3120).) 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 punma~ to tl~ contract, Owne~ may pay such ~aim ~ ~l~e ~ amo~mt of tile payment ~ust funds owned by Owner to Consulta~. (This provision is required by ORS 279.314.) x1'm. STA'I~ INCOME TAX WITHHOLDING Ae Consultant shall pay to the Oregon Department of Revenue ali ShinS_ withheld from employees putnant to ORS 316.167. (l'nk provision is required by ORS 279.310(4)$ XXIV. RECYCLED PAPER REQUIRED To the maximmn extent economically feas~le, Consultant shall use recycled paper in performing the contract work. (This provision is required by ORS 79.555(e).) XXV. FIN~ AOREEME~/BINDINO EFFF, CT/AT1Y)RNEY FEES Agreement shah be construed so that the plural shah include the singular and the singular shall include the plural. 'I'nis Agreement shall be binding upon the parties, their su~esson and assigns. 'l'ne prevailinf pray in any lawsuit arising out of the Agre~aeut shall be entitled to attot'n~ fees, costs and disbursanmts. XXVL INTERPRETATION OF AOREI~' construed for or against any party by reason of the authorship or alleged authorship of any provision. XXVH. SEVERABHXFY/SURVIVAL If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the en~rceability of the remaining provisions shall not be im?a~ed. Any provisions concerning the limitation of liability or indemnity shall survive the ~n of this Agreement for any cause. 10A Agreement for Consulting Services Page 11 ATTACHMENT "A" Page 12 of 12 All notices required under this Agreement shall be delivered by facsimile, personal delivery, or moil and shall be addressed to ~he following persons: Mr. Woodie Muirhead Brown and Caidwell 9620 $.W. Barbur Blvd. Suite 2O0 Portland, Oregon 97219 FAX No. (~ff~) 244-90~ 1~. Frank Tiwari Public Works Director City of Woodburn 270 Mont~mery St. Woodburn, Oregon 97071 FAX No. (503) 982-5244 Notice shaH be effective upon delivery ~o the above ~!d~. Eith~ party may notify the other that a new person has been designated by it to receive notices, or that the address or FAX nmnber for the delivery of such notices has been chan~ed, provided that, until such time as the other pa~ty r_~_eives such notice in the manner provided for herein, any notice addressed to the previously-designated person and/or delivet~l to the previously-designated address or FAX number shah be effective. In the event either party commences a lawsuit or arbitration against the other, then the prevailing pm'ty shall, in addition to any other recovery, be entitled to recover its reasonable ~ fees and aH other costs of 1~ or arbitron. XXX. AUTHORIZATION The penm~ executing this A~re~nent on behalf of the parties bere~o represent and warrant that the parties have aH legal authority and au~odzafion necessary to enter into this Agreement, and that such persom have been duly antho~ to execute this A~reement on their behalf. By: ~ Name: TEI~Y C. GOULD CITY OF WOODBURN By: Name: NANCY A. KIR~Ey Title: MAYOR Date: IOA By:. Name: Title: Date: Agreement for Consulting Services Page 12 EXHIBIT A DESCRIPTION OF PROJECT The Woodburn Wastewater Treatment Plant will be expanded and upgraded. The specific improvements to the plant will be developed during preparation of the predesign report as described in Task I of Exhibit B. For the purpose of defining the scope of work to be performed under this Agreement, the "Project" can be described as follows: Improvements to the Mill Creek Pump Station and the force main to the ~t plant are cun~tly underway tm_der separate contracts with other consultants. Consultant will coordinate with the consultant(s) performing the pump station and forcemain improvements to match treatment plant capacity with projected flows from the Mill Creek Pump Station improvements. Options for remodel of the existing headworks will be evaluated during predesign and will consider rotary and mechanical bar screening equipment and vortex and "teacup" grit removal equipment. Estimated design seavices are based on mechanical bar screens, rehabilitation of existing vortex grit removal system, and conslruction of a second vortex grit removal system of equal size. Modifications to the existing gdt removal system will include modifications of the inlet, replacing the motor and paddle, and replacing the airlift pump with a centrifugal pump. The headworks will be an enclosed structure. The remodel will include reuse of the existing chemical addition system (alum and caustic) and addition of new chlorine chemical feed capabilities. Influent flow metering will be provided at the headwoflcs. A headworks ventilation system and odor control system will be included, with the odor control system listed as an optional bid schedule item. The existing secondary clarifiers will be evaluated for use as primary clarifiers to provide for comingling of Iaimary and secondary effluent. This evaluation will consider primary ueaUnent during wet weather for all influent flow regardless of infiltration/inflow reduction and provide redundancy for existing primary clarifiers. The use of the existing pre-action basin will also be considered. If feasible, design modifications to convert the existing secondary clarifiers to p~nary clarifiers will be made and included as an optional bid schedule i~em. Improvements will be made to the primary flow spliuer strucune to improve the split of flow between p nary clm~ers. The drive mechanimns for the existing primary clarifiers, and the existing secondary clarifiers if used as primary clarifiers, will be replaced. Sludge pumping modifications to the existing secondary clarifiers will be made if they will be used as primary clarifiers. A new activated sludge system will be designed with flexibility to operate with anaerobic and/or anoxic zones with mixed liquor recycle. Two basins are anlicipated for present needs and will be designed for installation of a third basin in the future. Biological nutrient removal will be provided to meet current requirements for IOA Exhibit A May 15, 1996 Page 1 of 4 10. ammonia removal and provide stable operation. The system will be designed to accommodate minor increases in selector size in the future to meet more stringent effluent requirements for nilrogen and phosphorus removal A new or expanded blower building will be included. The existing rotating biological contactor (RBC) basins will be considered for selector basins as well as a location for new aeration basins. The RBC mechanical demolition will be included as an optional bid schedule item. New secondary clarifiers with flooculawr centetwells, sidewater depths of greater than 18 feet, rapid sludge withdrawal, and in-board launders with a weir cleaning system will be designed. Two clarifiers are anticipated for present needs. Provisions for flow splitting will be made and will consider piping to an additional clarifier in the future. The design will include return activ~d sludge (RAS) wet-pit pumps at the location of each secondary clarJfier, and waste activated sludge (WAS) removal capability that can waste from the RA$ header and from the mixed liquor suspended solids (MLS$). Options for filters will be evaluated during pr, de, gm It is anticipated that new, conventional, deep-bed, mixed media filters with backwash and air sc, om systems will be designed for the average dry weather flow. Chemical injection equipment will be provided for addition of coagulation/floceulafion chemicals. A medium pressure ultraviolet (UV) disinfection system will be installed in either an existing or new concrete structure to disinfect the effluent. A sodium hypochlorite system will be provided for headworks odor contwl, filamentous control of the RAS, disinfection of plant water, ~ter bio-growth control, and poplar plantation irrigation water. Emergency power for thc UV disinfection systetn and for thc entire plant will be evaluated during predesign. Thc cost-effectiveness of cogenerafion will also be determined. Design servi~ are based on proving emergency power for UV disinfection. Thc emergency genenUor v, ffll be installed in either an existing or new building. An effluent aeration suxwlxu~ will be designed to increase the dissolved oxygen content of the effluent by entraining air. Effluent flow measurem~t will be provided and will be used to flow pace the UV disinfection system. The outfall that is-cunvattly used and an older ouffall will be evaluated during predesign for conveying effluent to the Pudding River. A new outfall and diffuser will be designed if the older outfalls do not have adequate capacity or effluent re~ou~ is required due to filtration and UV disinfection. A gauging station for measuring Pudding Rive~ flows will be designed. Consultant will coordinate with the consultant retained by Owner to design the poplar plantation, and will provide information pertinent to the design improvements of the Woodburn Wast, water Treatment Plant, such as the hydraulic grade line, for use by IOA Exhibit A May 15, 1996 Page 2 of 4 11. 12. 13. 14. 15. 16. 17. 18. the poplar plantation consultant The existing emergency storage basin will be evaluated for expansion to accommodate effluent flow when discharge cannot occur and the poplar plantation cannot be irfigalr~l. A pump station that returns water stored in the emergency storage basin to the treaunent plant will be included. Solids handling facilities will include a dissolved air flotation thickener (DAFT), gravity belt thickener, or centrifuge for WAS; an anaerobic digester;, and an on-site facultative sludge lagoon with day tank and solids removal facilities. Improvements to the mixing and heating of the existing anaerobic digester will be evaluated. The design will include a solids hantlli~g building and will consider requirements for installation of additional thickening equipment aud increased lagoon size in the future. Use of existing strucUnv, s fOr aerobic digestion of WAS will be evaluated in predesign. Predesign evaluations will include investigation of facilities for dewatering and drying of biosolids. An allowance of $188,000 has been included for design of biosolids dewatering facilities, if authorized by Owner. A septage receiving station will be included in design and will be included as an optional bid schedule item. A new adngnistrafion building with an area of approximately 8,500 square feet will include offices, an NPDES laboratory, lockers, restrooms, a maintenance shop, a conference room/library, and a lunch room. A consol room will be located in the remodeled administration btfilding. Each of these buildings will be considered to be public facilities. On-site generated stormwater will be treated on-site to comply with the plant's NPDES stormwater permit. A public information process will be cond~ that will include fliers for public education, status ~lmrts that includes percent completion and how the public's money is spent, and City CoUncil workshops. Architectural enhancements will conform to the current requirements of the contract with McCis_ren School The Consultant will provide technical information for permit application as required for review of Owner's draft permit, predesign activities, and conuact document preparation. Additional permit application assistance of up to ~10 professional hours will be provided if authorizeA by the Owner. The Consultant will include I/0 lists and loop di~grsms in the design drawings. On- line monitoring of process variables will be provided as determined appropriate by the Owner. 10A Exhibit A May 15, 1996. Page 3 of 4 19. 20. 21. A non-potable water system will be designed to be suitable for the expanded plant. Project design will include all site facilities and amenities including but not limited to storm drains, sewers, roads, parking lots, landscaping, and exterior lighting. Project includes design of all pertinent electrical and controls. 10A Exhibit A May 15, 1996 Page 4 of 4 EXHIBIT B SCOPE OF WORK IOA The scope of work to be performed under this Agreement is set forth in this exhibit. These sex,rices cover: (1) Predesign and Facililies Plan Amendment, (2) Public Involvement, (3) Geotechnical Investigations, (4) Surveying, (5) Design, (6) Value Engineering, (7) Bid/Award, (8) Construction Management, and (9) Operations Services. These services are for expansion and upgrade of the Woodbum Wastewater Treatment Plant, as described in Exhibit A and hereinaflex referred to as "Project." T~sk 1--Predesign and Facilities Plan Amendment The first phase of the project will be to prepare a predesign report to confirm or modify the findings and reco~ations regarding the preferred improvements. Particular emphasis will be given to providing a reliable and cost-effective wastewater system. The Owner and DEQ will participate in developing thc predesign report by review of draft documents. The Consultant will also coordinate with other consultants perfonning pump station, force main, and poplar plantation work. The completed report will serve as a facilities plan amendment to fully satisfy the requirements of the state revolving fund (SRF) program. Tssk 1.1 Project Man~ement. The first stop will be to prepare a project management. plan, (PMP) including a detailed schedule, task budgets, and deliverable products. The PMP will include information regarding the control mea,v~ that will be tal~n to ensure the quality of deliverable products. Project expenditures will be monitored weeidy, and the Owner will receive monthly status reports assessing project completion, budget expenditures, and schedule updates. Throughout the project, the Consultant will maintain frequent and open COmmunication with the Owner's project management team, and will work closely to anticipate changes in project emphasis or needs. Task 1.2 Predesign Evaluations. A detailed investigation will be performed to define thc specific improvements for upgrading thc existing treatment plant Each process system will be evaluated for reliability and cost-effectiveness and oppommities for phasing the project will be studied. The liquid stream evaluations will include process modeling ~o determine optimum size of the Secondary u~aUnent system. The Consultant will instruct the Owner on how to determine nitrification aha de, nitrification rates for use in ~i~iug the aeration system. Solids str-.~un evaluations will include additional alternative evaluations to define thc specific improvements to be constructed. Design criteda and cost estimates will be provided for the recommended facilities. T~sk 1.3 Predesign Report. Thc Consultant will prepare a draft p~Ac.sign v~'pon that summarizes the results of the predesign evaluations. The report will include a si~ plan showing footprints of the major unit processes, hydraulic profile, process schematics, and Exhibit B May 15, 1996 Page 1 of 7 information about design standards to be used during detailed design. A cost estimate and project schedule will be provided. The Consultant will define a permit tracking process that will identify the permits required for conslruction of the treaunent plant, the agencies responsible for applying for the permits, and the schedule for obtaining the perm/ts. The permit tracking process will be used until permits are obtained. Task 1.4 Review Meetings. Three formal review meetings will be held during the preparation of the predesign report to obtain Owner's review comments. The key p~oject issues will be discussed with DEQ. Task 15 Final Report and SRF Loan. The draft report will be revised based on review convnents and a final predesign report in a format acceptable for DEQ will be submitted. This report will serve as a facilities plan amendment. The Consultant will provide up to 40 professional hours of assistance to prepare the SRF loan application for the owner's submittal to DEQ. 10A Task 2-=Public Involvement Public involvement will include the following activities: Task 2.1 Sc-opinE Interviews. The Consultant will broaden the range of stakeholde~j from the core group involved directly in the development of the facilities plan to include: county planning and public works staff, elected offic/als, and plant ndghbor~ Up to 12 individual interviews with members of the expanded group will be conduc~ to inform people of thc results of the facilities planning proce~ and the rationale for the conclusions, and to solicit their thoughts on the wastewn___ter_ ~t progratm Following these interviews, the Consultant will prepare a brief report and conduct a briefing with key representatives of the Owner. Task 2.2 Meetings and Public Infornmti°n. The Consultant will meet with the city staff, planning commission, and city council to inform them of the preliminary results of the predesign report and solicit their input before final decisions are made. A public woric~op will be held to present the predesign findings and recotmnendations to the general public and obtain thek input. The Consultant will have subsequent meetings with the public to inform them of the progress of the Project. It is anticipated that there would be one meeting during design, two meetings during consuuction, one meeting during the commissioning period, and one meeaing during poxfoxmanc~ ~xaxification. The Consultant will also prcpm~ a quarterly newsletter to keep the public informed about the wastewater improvements. Task 2.3 Troubleshooting. The Consultant's public involvement specialists will be available as needed throughout the project to provide strategic advice and communicate or meet with key stakeholders. This effort will help to ensure that the necessary level of public and political support for the'project is retained through completion. Exhibit B May 15, 1996 Page 2 of 7 Task ~ Geotechnicai Investigations The following investigations will be performed to obtain the detailed geotechnical information needed for design and construction of slructures. Task 3.1 Field Exploration. Thc Consultant will review existing geotechnical information and develop and implement a field exploration program. A total of ten borings with depths ranging from 15 to 30 feet will be collected and desc~ptive logs of the borings will be prepared. At least one boring will be performed at each major structure to be constructed. Standard split-spoon samples will be attempted at 2.5 to 5 -foot depth intervals in the boring and standard penetration testing will be pe~ormed to measure in-sim consi~ency and relative density. Observation wells will be installed in two of the borings to allow the monitoring of ground water with time. In addition to the borings, a minimum of four test pits with a maximum depth of ten feet will be excavated with a backhoe in the FSL area to further characterize thc subsurface and ground water conditions and to obtain bulk samples for testing. Task 3-~ Laboratory Testing. The purpose of the laboratory testing will be to determine the engineering properties of the subsurface soils for fomaAation design, seismic hazards studies, and earthwork reconunendations. Laboratory testing will include index tests, strength tests, and consolidation ~ The index tests are made so that correlations may be made to estimate engineering properties, such as strength and compressibility chamclr~tics, from laboratory ~.~sts made for ~ and l~vvions project~ The index properties on ~e samples reuieved from the borin~ and ~t pits will consist of visual classifications of each munple, natural water content ~tions, a few A~g limits determinafion~ a few grain size de~.zminations on representative applicable sample~ and in-place densities de~rmined from the Shelby tube samples. In ~ddition to the index tests, one standard Proctor compaction test series (ASTM D 698) vfdl be made to determine the moisture-dry density relationship of the soil for earthwork evaluation, four undrained triaxial tests (one for each major u~a~ unit), and one consolidation ~st will be made to measure strength and compressibility. Task 3.3 Report. The geotechnical investigations report will present the formal boring logs and a map showing the locations of previous and present explorations and projects. The report will also munmarize the geology and anticipated subsurface soil, ground water conditions, and the xv~mlts of the laboratory tosting. Engineering, seismic, and construction aspects of the project will be considered in the report for the soll and groundwater conditions encountered and will include foundation design and post construction performance of the structures. ~eisrnic bsTa~rds such as liquet!actlon potential, :fault rupture, and shaking will be discussed. Construction aspects such as thc stability of soils with respec~ to excavations, thc need for shoring during construction, temporary control of ground water, and the suitability of using excavated solids as backfill will be discussed and recotnmendations will be made. , IOA Exhibit B May 15, 1996 Page 3 of 7 Task 4~Surveying Surveying will be required to provide information during design and construction as described below: Task 4.1 Design Services. The Consultant will establish a grid system for the treatment plant and identify locations of existing sUucttu~ exposed piping, topography, and elevations of key hydraulic control points at the ueaunent plant. Task 4.2 Construction Services. The site will be staked to show reference bench marks and base lines identified on the drawings. The contrnctor will be required to develop and maine additional surveys needed for construction such as control lines, slope stakes, boards, stakes for pipe locations and other working points, lines, and elevations. The Consultant will check the horizontal and vertical location of treaunent units during consUuction. IOA Task S--Design Thc detailed design activities will include thc following: Task ~.1 Project Management. The PMP will be revised to include a detailed schedule, task budgets, and drawing list, as well as information regarding the contwl measures that will be taken to ensure the quality of ~ design. The Consultant will keep the Owner's project management team informed throughout the coursc of the design. Project expcndittues will be reviewed weekly and monthly status reports assessing project completion ~o date, budget expenditures, and schedule updates will be provided. Task 5.2 Draft Plans and Spe~fications. Preliminary plans and specifications will show general, civil, process, meclmnic~ elecUic~ and ins~tation information necessary for the construction of the new facilities. These plans and specifications will be submitted to thc city for review and conunent. Docmnents will also be delivered to DEQ for review, and submitted for detailed review at the 90 percent completion level. Task 5.3 Review Meetings. Formal project review mcctings will be held with thc city and DEQ at the 10 percent, 50 percent, and 90 percent coii~pletion levels. Key project team members will meet to review progress and comment on deliverables. Task 5.4 Quality Confirmation. Independent internal quality confirmation reviews conducted during thc project will include calculation checks, peer reviews, and cross-checking between disdpline~ throughout the project. At the 90 percent completion level, a detailed review of the coordination between the disciplines and between the plans and specifications will be performed. A structural peer review will be pedormed to check calculations, and an elecUical peer review will be peffonnexi to assure coordination between electrical des/gn and equipment manufacturer responsibility. Exhibit B May 15, 1996 Page 4 of 7 Task 5.5 Final Plans and Specifications. Final plans and specifications will be completed and 75 sets will be provided to the Owner. The advertisement for bids will be prepared. The contract documents will include bid schedules such that the Owner can select the items to be constructed in order to meet budget requirements. The Consultant will provide a final estimate of the construction cost. IOA Task 6--Value Engineering A value engineering workshop will be held at the 10 and 50 percent levels of the detailed design task (Task 5) to ensure that cost savings measures have been fully developed prior to design implementation. Task 6.1 Workshop. The value engineering team will consist of the Consultant's project advisers and other individuals selected to provide representation from each disciple. The team will include a facilitator, process specialist, solids specialist, stmcUual engineer, mechanical sysirms designer, electrical and instnnmatation engineer, and operations specialist. Predesign and additional detailed design information will be provided to the team for review. The purpose of the workshop will be to review and discuss cost saving and reliability measures. Task 6.2 Response. Comments from the value engineering workshop will be assembled and reviewed by the design team. Responses will be prepared and discussed with the Owner. Task 7raBid/Award The servi~ during bid and award of the project will include the following: Task 7.1 Bid Period. Contract documents will be distributed and the plan holders list will be kept up to date. The Consultant will answer l~chnic, al questions from prospective bidders and prepare appropriate addenda ii, ns regarding changes to the drawings and specifications. The Consultant will not review requests for substitution or altenmte equipment during the bid Task 7.2 Award. Thc Consultant will facilitate receiving and tabulating proposals, review the proposals, and provide a technical recommendation on award of contract. Task °o Construction Management The sea, ices during construction are based on an 18 month construction period and will include the following: Exhibit B May 15, 1996 Page 5 of 7 Task 8.1 Project Management. The Consultant will develop a standard document format for clarification requests, submittal review, progress payments, and change orders during the construction period. The Consultant will maintain regular communications with the Owner's project manager during the course of the construction. Project expenditures will be monitored weekly. Monthly status reports will be prepared to show information relating to project completion, budget expenditures, and schedule updates. Task 8.2 On-Site Inspection. The Consultant will provide resident construction management and inspection services. Duties will include maintaining records of consmiction activities and preparing monthly reports of construction progress. The Consultant will review and recommend monthly payments to the contractor. The Consultant's design leaders will visit the site periodically to review construction compliance for the various disciplines. Task 8.3 Special Testing and Inspections. Thc consu~ction docurncnts will require the Contractor to obtain an independent laboratory to perform soil, concrete, and asphalt tests. Thc Consultant will determine thc location and timing of these tests and review the results to determine acceptance. The consUu~on documents will also require the Contractor to perform certain tests of pipe materials to be installed at the plant site and to inform thc Consultant prior to performing these tests. The Consultant will witness concrete pipe tests. Task 8.4 Project Meetings. Thc Consultant will hold weekly project meetings to facilitate communication among the construction team members during the 18 month consm~cfion Task 8.~ Submittals. The Consultant will review and approve submittal information including shop drawings, diagrams, illnstrmions, catalog dam, schedules and samples, results of tests and inspections, and other data that the contractor is required to subrnit. Approximately 300 submi__-~_l.~ are anticipated for a project of this magnitude. Task 8.6 Clarifications. The Consultant will respond to requests for interpretation of plans and specifications, and also review claims for extra compensation and requests for extension of time. Approximately 225 requests are anticipated for this project. Task 8.7 Completion. Upon substantial completion of consUuction, the Consultant will prepare punch lists of remaining work to be completed. A certifi~ of completion will be submitted and the final payment request will be reviewed. Task 8.8 Record Drawings. Record drawings will be prepared that show the major changes made during consuuction. One set of reproducible record drawings and associated computer files will be delivered to the Owner. IOA Exhibit B May 15, 1996 Page 6 of 7 Task 8.9 PLC Programming. included in the Project. The Consultant will prepare programming for the PLCs IOA Task 9~Operations Services The following operations sereices will be included: Task 9.1 Operations and Maintenance Manual The Consultant's Ol~rations services staff will work with the Owner's staff to define the need-to-know information, features, and format of the Operations and Main~nance (O&M) Manual Text and graphics for the manual will be prepared and compiled in a computefiz~xi format as defined by the Owner. Task 9.2 Training. A training program on in~rpreting plans and specifications will be developed and will include vendor's training on specified pieces of equipment. Process training will supplement the vendor's training by providing a systems view of how individual pieces of equipment are integrated into the treatment process. The Consultant will provide a training material workbook that can be used by the Owner for training future staff. Task 9.3 Start-up and Commissioning. The Consultant will prepare a start-up plan that outlines thc scquencing of comrm'ssiouing, monitoring requirements, responsibilities, and schedule. On-site assistance will be provided during system start-up as needed to respond to any issues that arise. T~zk 9.4 Performance Certific~tiom The Consultant will preFare a plan outlining the procedures that will be used to confirm the design criteria are met. Thc plan will also include information about the staffing needs for the treatment facilities. On-call assistance will be available during the one-year performance certification period. The Consultant will review data collected by thc Owner and evaluate compliance with the design critai~ A repon will be prepared that summarizes the performance of the facility for the Owner to submit to DEQ. Exhibit B May 15, 1996 Page 7 of 7 EXHIBIT C COMPENSATION 10A Compensation for services provided under Article IL "Scope of Engineering Services," shall be based on time-related charges plus direct expenses, as described below. Payment shall be as specified in Article VI of thc Agreement. I. TIME-RELATED CHARGES Time-related charges for Brown and Caldwell shall be the total hours worked on Project by each employee, multiplied by the employee's hourly salary rate, multiplied by a fringe benefit, overhead, and profit factor of 3.15. Tune-related charges for Reid-Crow~er Partnem, Ltd., of Vancouver, British Columbia, the major subcontractor on this project, shall be the total hours worked on Project by each employee, multiplied by the employee's hourly multiplied by fringe benefit, overhead, and profit factor of 2.85. Overhead includes general and administrative costs not directly allocable to individual projects. Profit includes state and federal income taxes, plus profit. H. DIRECT EXPENSES Direct expen~ arc charges, other than those included in time-related charges above, incurred directly for Project. Direct expenses include subcontracts and other expenses. The sub~nWact~ that are anticipated for this project include: 1. Reid-Crowther for structural and activated sludge design. 2. McKeever-Morris for public involvement. 3. Fujitani-Hilts for geotechnical. 4. DeHaas for surveying. All subcontracted services other than Reid-Crowther Partners, Ltd., shall be billed at cost. Other direct expenses incurred by Consultant and subcontractors shall be billed at cosL Direct expenses, except as specified below, shall be billed at standard billing rate. Direct expenses include, but are not limited to: 1. Services and equipment such as special accounting services, computer and elec- tronic data processing, field testing, and laboratory analysis. 2. Reproduction services including reproducing drawings, photocopying, printing, and binding. Exhibit C May 15, 1996 Page 1 of 2 Communication costs such as telephone, telecopy, telegraph, cable, express delivery, and postage. Subcontracted services. Living and traveling expenses of employccs when away from their home office. An effort shall be made to minimize travel expenses by .traveling coach class on airlines and reserving standard hotel rooms. Auwmobile mileage at 30 cents per mile except for mileage for the resident inspector which will not be reimbursed. IOA m. LIMITATION OF COST AND TIME Consultant estimates that the cost for servic~ described in Exhibit B shall not exceed $4,239,300, and that the time for completion of Project shall be as stated in the Agreement. Consultant shall use its best efforts to perform the work specified Within the estimated cost and time. If Consultant believes the cost will exceed the estimate, Consultant shall notify Owner. The notification win include the revised cost estimate and/or the revised time for completion. Owner shah not be obligated to pay Consultant for costs incmxed in excess of the estimate unless Owner agrees to do so. Consultant shatl not be obligated to continue perfommnce under this Agreement or otherwise incm' costs in excess of the original estimate unless and until Owner agrees to increase the authorized cost. Exhibit C May 15, 1996 Page 2 of 2 MEMO TO: FROM: SUBJECT: DATE: To City Administrator for Council Action ~_.~, Randy Scott, C.E. Tech III through Public Works Directo 2610 N. Boones Ferry Road Connection to City Services May 16, 1996 lOB · flECOMMENDATION: It is being recommended that the city council approve the property owner's request to connect to city water service upon the following conditions: Conditions 1. Pay all appropriate fees and system development charges. 2. Sign a non-remonstrance consent form to support, participate and pay fair share cost for the following: A. Annexation into the city, to be initiated at the city's request, and pay all appropriate fees. B. Local improvement district for improvements on Boones Ferry Road to city standards. BACKGROUND: Staff received a written request from the property owner at 2610 North Boones Ferry Road to connect to city water service and is included as Attachment 'A". The property is currently outside of the city boundary and is now supplied water service from an existing private well located at and belonging to the owner of 2580 North Boones Ferry Road. The property owners wish to disconnect from this source. In September of 1994, by request from Tukwila Partners the subject parcel was approved by council to be allowed to connect to city sanitary sewer. Water service can be provided by the existing 12' diameter main located on the east side of Boones Ferry Road adjacent to the subject property. The property owner is willing to annex into the city; however, at this time, staff has recommended the signing of a non-remonstrance consent form. Annexation will be initiated at the city's request when more properties are willing to participate in the annexation process. RS:Ig Attachment (1) BOOgFERY.gTR Mark & Chris Baglien 2610 N Boones Ferry Rd ~oodburn, OR 9707I City of Woodburn 270 Montgomery Woodburn, OR 97071 RE: City Water Connection April 28, 1996 ATTACHMENT "A" 10B We are seeking approval from the City Council to connect our home located at 2610 N. BoonesFerry Rd to the city water ser- vice. We currently have a shared well agreement with Russ & Janice Baglien located at 2580 N. BOones Ferry Rd. It is the wish of both party's to terminate this agreement. We understand that there is a water main in from of our property which we could be connected to with the approval of the city council. We would also agree to being annexed into the city if re- quested in the future. Our home is currently on the mar- ket for Sale and we would appreciate clearing this matter up as soon as possible. Please contact us if questions at home $ 982-3145 or Mark's mobile %780-3189. Thank you for your consideration and look forward to hearing from you soon. Sincerely: Mark Baglien~ Chris Baglien 10B 10c MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manage~,,~-'-- Transit Fixed Route Change May 15, 1996 RECOMMENDATION: Approve the change outlined below to the Transit System fixed route to become effective on July 1, 1996. The change would delete a portion of the fixed route in the north section of senior estates. This includes the portion of the route north of Vanderbeck Lane where it Intersects with Umpqua Road and Sailal Road. BACKGROUND: The current fixed route transit route is time constrained. To complete the route with normal traffic and without stopping to pickup or unload passengers takes approximately 56 minutes leaving only 4 minutes of the one hour route for passenger pick up and unloading. With the increase in numbers of passengers the bus tends to run late, often as much as 10 to 15 minutes on very busy days. The objective was to eliminate about three minutes from the route by deleting a portion of the route that produces few passengers. This will allow the bus to run on schedule most routes and reduce the amount of time off schedule at very busy times. The portion of the route selected for deletion was in the north section of Senior Estates north of Vanderbeck Lane and its intersection with Umpqua and Sallal Roads, The attachment shows this area, The additional day of paratransit van service would help provide service to any elderly individual in this area who found that they could no longer utilize the system. lOc SENIOF ~'STATES HOME PARK SENIOR ESTATES COUNTRY ..J WAY FAIRWAY PLAZA ~aAIN FIRE STATION SAflTIAM NELLIE UU -- SCHOO(J NITY CENTER 15A TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator Meetina with O.L.C.C~ Officials May 16, 1996 As I indicated to you at the last Council meeting, I was invited to attend a roundtable discussion on Tuesday, May 14, 1996 with officials from the Oregon Liquor Control Commission and various other cities. In attendance at the meeting were three of the five OLCC commissioners, the new OLCC Administrator, Pamela Erickson, approximately twelve representatives of various cities and assorted OLCC staff members. Several issues that have been of concern to the City of Woodburn were addressed at the meeting, including: - Lack of OLCC staffing at investigator and hearings officer level. - Lack of support for OLCC staff from Attorney General's office. - Degree to which OLCC recognizes local recommendations from cities. Of some interest, it was pointed out that state statute requires that at least one OLCC commissioner specifically represent the food and beverage industry. Conversely, there is no similar requirement that the local government perspective be specifically represented. Ms. Erickson, the new OLCC Administrator, seems very positive and capable. She has been on the job for two months and, it is my understanding, comes from a law enforcement background, whereas the emphasis of the previous OLCC administration was apparently directed toward marketing and maximizing revenues to the state. The tone of the meeting was positive and those in attendance were in agreement that the dialogue continue. The upshot of the discussion was a consensus that OLCC and the League of Oregon Cities form a stronger alliance, perhaps leading to establishment of a task force to further examine the issues brought forth at this meeting to recommend changes in administrative rules or statutes to more specifically strengthen the cities' role in what is presumed and intended to be a 'partnership". In a related vein, staff will continue to provide additional information to the Council as it becomes available to assist in developing the best possible local policy in respect to liquor licensing issues. 15B MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator Notification re: CDBG Grant A~olication May 16, 1996 Staff was recently notified by the Oregon Economic Development Department that our application for an additional Community Development Block Grant for Housing Rehabilitation was unsuccessful. The city had applied for a $300,000 grant to augment a similar $300,000 housing rehab grant we ere already administering. As is always the case, there was considerable competition for the available grant dollars, with only fifteen of some 39 applications funded. The city can apply again in the next round of grant applications in 1997. This does not affect the ongoing housing rehab grant program referred to above. It is estimated that grant funds and local dollars accumulated from previous housing rehab programs will be available to rehabilitate approximately 37 qualified homes. Some 33 houses have already been approved by the advisory committee and are in various stages of the rehabilitation process. The existing grant program will need to be completed and closed out by May 1, 1997.