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Agenda - 01/24/1994 AGENDA WOODBURN CITY COUNCIL JANUARY 24, 1994 - 7: 00 P. ~!. CITY HALL, COUNCIL CHAMBERS A. Counci[ minutes of January 10, 1994 re§u[ar and executive session. APPOINIM~:NT$: A. Woodbum Planning Commission. B. Retired Senior Volunteer Advisory Council. SA 4A 4B ANNOUNCEMENTS: February 1, 3, 8 and 10, 1994. 9-1-1 Council Workshop: February 2, 1994, 7:00 p.m. at Woodburn City Hall. PROCLAMATIONS A. Catholic School Week - January 31 - February 6, 1994. A. Chamber of Commerce B. Other Committies A. Written (This allows public to introduce items for Council consideration not already scheduled on the agenda.) WQodburn Budget Committee Meetings: January 25 and 27, 1994, 4C A. Council Bill No. 1506 - Resolution finding that the building located at 199 N. Front Street is a dangerous building. Council Bill No. 1510 - Resolution finding that the building located at 347 N. Front Street is a dangerous building. 9A 9B Page 1 - Council Agenda, January 24, 1994 10. A. Council Bill No. 1 514 - Ordinance reclassifying located at northwest corner of 99E and Williams Ave. from RM to CG. Council Bill No, 1515 - Resolution authorizing agreement for the disposal of certain hazardous waste materials, Council Bill No, 1516 - Resolution authorizing agreement for professional traffic engineering services for Transportation Plan, Council Bill No, 1§17 - Resolution authorizing agreement for professional services for work involving the City's water storage tanks, Council Bill No. 1518 - Resolution authorizing letter for with Clackamas County for Pudding River Basin study. Council Bill No, 1519 - Resolution authorizing agreement with State Dept, of General Services for purchasing services, Council Bill No, 1520 - Resolution affirming Planning Commission decision in Subdivision Case 93-03 (Wesley Subdivision) Liquor license application: Ch'(J's Restaurant. I. Request for "No Parking" on Alder Lane. J. Bid award: Survey equipment. K. Solicitation request by American Heart Association. 15. A. Issues for Feb. 2, 1994 Council workshop on 9-1-1 agreement. B. Groundwater contamination update. C. Nation FBI Academy graduate: Sgt. Tom Tennant. D. Building Activity Report for December 1993. E. Code Enforcement 1993 Yearly Report. 17. ~"'>'""'~~~'~ ~=~'"'~-"' '~=' ~' ~''''''' lOa 10B 10C 10D 10E 1OF 10G 10H 101 lOJ 10K 15¢ I[~D 15E Page 2 - Council Agenda, January 24, 1994 COUNCIL MEETING MINUTES January 10, 1994 TAPE READING D001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 10, 1994. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. 0011 ROLL CALL. Mayor Kelley Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Mitchell Present Councilor Sifuentez Absent Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park Director Holly, Police Chief Wright, Finance Director Gritta, 9-1-1 Communications Director Wolf, Public Works Manager Rohman, City Recorder Tennant 0025 MINUTES. FIGLEY/JENNINGS .... approve the Council regular and executive session minutes of December 13, 1993 and accept the Planning Commission minutes of December 9, 1993. The motion passed unanimously. 0037 PLANNING COMMISSION APPOINTMENTS. Mayor Kelley appointed Robert Finch to serve as a Planning Commission member in Position #2 with his term to expire in December 1996. Councilor Mitchell questioned the Mayor as to why he is only appointing enough individuals to fill eight of the nine positions. Mayor Kelley stated that he has decided to appoint only 3 individuals at this time. Discussion was held on the issue of appointing 4 citizens to fill the current vacancies, and, specifically, the reappointment of Lillian Warzynski to fill one of those available positions. Councilor Mitchell stated that he did not want to show favoritism to the Mayor's appointees, therefore, he would vote no on the confirmation of the appointments until such time as Lillian Warzynski was included on the list of appointments. He stated that he did not object to the appointments of the three individuals, however, he wanted those individuals to know why he is voting no on the confirmation at this time. Mayor Kelley stated that, in his opinion, he did not want to Page 1 - Council Meeting Minutes, January 10, 1994 3A 3A TAPE READING 0325 0482 O577 COUNCIL MEETING MI~qUTES January 10, 1994 feel blackmailed by the Council into appointing an individual to the Planning Commission who already serves on other City committees. He felt that others should be given an opportunity to serve the community. Councilor Jennings stated that in his letter to the Mayor dated December 21, 1993, he submitted Lillian Warzynski's name for reappointment since William Pyle had submitted a letter previously withdrawing his name from the appointment list. He also stated that both Ms. Warzynski and Mr. Pyle are residents within his Ward. Mayor Kelley stated that he spoke with Mr. Pyle regarding his withdrawal and Mr. Pyle advised him that he did not recall writing certain things in the letter that was received by the Mayor. Barbara Lucas, 214 E. Clackamas Cl, questioned if the city would have a Planning Commission if this impasse goes on for a lengthy period of time. Administrator Childs stated that the Commission currently has five members which is ~ufficient for a quorum. If one of the members is not in attendance at the meeting, the Planning Director can be considered as a part of the quorum, however, he is a non-voting member for the purpose of making decisions. Nancy Kirksey, 1049 McKinley, questioned the Mayor and Council as to what action the public needs to take to change the City Charter so that the Mayor, whether it be now or in years to come, does not have absolute authority in making appointments. She also suggested that the Council not give in to the Mayor's wishes and continue to pursue the reappointment of Mrs. Warzynski. Wes Bauer, 1190 Randolph Rd, expressed his concern regarding the Mayor's fulfillment of his campaign promises. He quoted statements made by the Mayor from 1990 and 1992 newspaper clippings which relate to his willingness to listen to citizen concerns and to encourage citizens to express themselves on issues. He stated thatL in this case, citizens have requested the Mayor to reappoint Lillian Warzynski to the Planning Commission. Mayor Kelley stated that in a city of this size, individuals should not serve on more than one committee. Mrs. Warzynski does serve on at least one other committee, therefore, other interested citizens should be given an opportunity to serve. Joanne Bjelland, Planning Commission member, stated that if more individuals are to be involved, then no reappointments should have been made by the Mayor to any city commission, board, or committee. In her opinion, the Mayor is not representing the City when a large number of citizens have expressed their desire to have an individual reappointed to the Planning Commission. Page 2 - Council Meeting Minutes, January 10, 1994 3A COUNCIL MEETINa MINUTES January 10, 1994 TAPE READING O787 Mayor Kelley briefly reviewed the statistics on meeting attendance by Commission members. He also stated that one position has been vacant for almost i year. FIGLEY/MITCHELL... the 3 Planning Commission positions recommended by the Mayor be rejected. On roll call vote, the motion passed unanimously. 0810 MEETINa ANNOUNCEMENTS. The Budget Committee will meet on Thursday, January 13, 1994, 7:00 p.m., at Woodburn City Hall. This meeting is a scheduled public hearing on the 1994-95 City budget and subsequent meeting dates will be announced at the budget meetings. A Council/Wastewater Advisory Committee workshop is scheduled for Wednesday, January 19, 1994, 7:00 p.m., at City Hall. Councilor Mitchell urged the attendance of the public at all of their meetings to receive citizen input on this project which may cost anywhere from $26 million to $44 million. Council workshop regarding the 9-1-1 Agency will be held on Wednesday, February 2,-1994, 7:00 p.m., at City Hall. 0870 CHAMBER OF COMMERCE REPORT. Patrick Vance, Chamber Board member, invited the Council to attend the Chamber forum on January 21st, 12:00 noon, at Yum Wah's Restaurant. Guest speaker will be Nick Jones from the Portland Trailblazers. He also stated that the Chamber continues to support the Downtown Association in their efforts to improve the downtown area. Additionally, he urged the Council to expedite the completion of the Transportation Plan. 0935 1291 PUBLIC HEARING - ZONE MAP AMENDMENT ~93-04 - PROPERTY LOCATED AT 1025 N. PACIFIC HIGHWAY (PLAZA MOTEL). Mayor Kelley declared the public hearing open at 7:34 p.m.. Community Development Director Goeckritz read the required land use statement then proceeded to review the staff report on this application. The property owner is requesting the rezoning of the two lots consisting of approximately 8600 square feet for the purpose of constructing 11 additional units to the existing motel. The Planning Commission has recommended approval of the zone map amendment from Multi- Family Residential to Commercial General. As a condition of approval recommended by the Commission, the property owner would be required to go before the Planning Commission for Site Plan review approval prior to commencement of any development on the property. Director Goeckritz stated that Residential Single Family zone is located directly west of the parcels. A Multi-Family residential zone could result in a higher density use than the proposed expansion of the motel. In addition, a site plan approval will require buffering between the motel property and the residential area. Ken Cobb, Pfeifer Construction representing the applicants, Page 3 - Council Meeting Minutes, January 10, 1994 3A TAPE READING 1342 1369 COUNCIL MEETING MINUTES January 10, 1994 stated that the site plans do include a 10 foot buffer plus a fence to reduce potential problems. Since no other individual wished to give testimony on this issue, the public hearing was declared closed at 7:46 p.m.. JENNINGS/FIGLEY .... approve the Planning Commission recommendation and request staff to prepare an ordinance with findings for approval. The motion passed unanimously. PUBLIC HE~RING - APPEAL OF CONDITIONS OF APPROVAL - WESLEY 1790 2050 SUBDIVISION. Mayor Kelley declared the public hearing open at 7:48 p.m.. Director Goeckritz read the required land use statement and reviewed the staff report (Exhibit 1). The Planning Commission had approved Wesley Subdivision, located on Landau Drive, with the condition that the roadway be improved to meet city standards, including storm sewer system, for the entire length of the existing half street improvement. The subdivision on the south side of the street originally dedicated 30 feet of right-of-way in which a 17 foot paved street was constructed at the time of the development. The Commission felt that a full street improvement should be constructed if the north side of the street is developed. Director Goeckritz also submitted into the record a petition submitted by property owners along Landau Drive in 1991 requesting the City to deny any building permits along the half street until such time as the half street is brought up to city standards (Exhibit 2). In addition, the City Council has gone on record in support of the full street improvement for fire, life and safety issues. Wes Toran, applicant, stated that he would agree to pave the half street (approximately 150 feet) up to Mr. Gee's property, who, at this time, is not willing to allow for the widening of the street. Helen Morrison, 1790 Landau Dr., stated that she has been a resident along the half street for 18 years and she opposed any development on the north side of the street until all improvements are made. She presented the Council with photos of the area to show the narrowness of the half street (Opponent's Exhibit 1). Joan Garren, 1040 Wilson, stated that she had formerly reSided at 1750 Landau Drive and agreed with Mrs. Morrison that the full street improvement should be required before north side property is developed. Vic Garlock, 1750 Landau Drive, expressed his opposition to the development until such time as a full street is constructed citing fire and life safety as his major concern. No rebuttal was presented by the applicant. Mayor Kelley declared the public hearing closed at 8:07 p.m.. Councilor Jennings stated that he has viewed the area several times and he agreed with the south side property owners that Page 4 - Council Meeting Minutes, January 10, 1994 3A TAPE READING 2161 COUNCIL MEETING MINUTES January 10, 1994 it is difficult to back out of the driveways due to the narrowness of the roadway. He also expressed concern regarding the inability of fire and life safety vehicles to turnaround safely. Following a brief discussion by Councilors on the issue of access to the homes at the end of the half street by emergency vehicles, JENNINGS/HAGENAUER .... approve the conditions of approval as written and approved by the Planning Commission. The motion passed unanimously. FIGLEY/JENNINGS .... remove Council Bill 1506 from the table. The motion passed unanimously. COUNCIL BILL 1506 - RESOLUTION FINDING THE BUILDING LOCATED AT 2401 199 N. FRONT STREET TO BE A DANGEROUS BUILDING (OLD BANK BUILDING). Councilor Figley introduced Council Bill 1506. The bill was read by title only since there were no objections from the Council. Director Goeckritz sta~ed that a structural engineer from Salem is working on a design to stabilize the building and an architect in Kansas City is drafting the architectural plans. These individuals are diligently working to put a plan together that will pass the City & County's plan review process. Nora Fives, representing the property owner, stated that they are ready to proceed with the rehabilitation of the building once the plans are approved. Project funding is not a stumbling block for this project and masons from the Kansas City area who specialize in this type of masonry repair work are ready to come to Oregon as soon as the building permit process is completed. Based on the information within the staff report and the testimony from Ms. Fives, FIGLEY/JENNINGS .... retable the bill. The motion passed unanimously. COUNCIL BILL 1510 - RESOLUTION FINDING THE BUILDING LOCATED AT 347 N. FRONT STREET TO BE A DANGEROUS BUILDING (SALUD CLINIC). Council Bill 1510 was introduced by Hagenauer. Salud Executive Director A1 Nunez submitted letters from Triplett Wellman Contractors, James G. Pierson, Inc. (Structural engineering firm), Farmer's Home Administration which indicate that the building is not an immediate threat to the public from wind or rain damage in the short term and steps are being taken to secure a commercial property appraisal for the building since the Migrant and Indian Coalition has shown an interest in purchasing the building. JENNINGS/FIGLEY .... table Council Bill 1510. The motion passed unanimously. Page 5 - Council Meeting Minutes, January 10, 1994 3A TAPE READING COUNCIL MEETING MINUTES January 10, 1994 2462 COUNCIL BILL 1511 - RESOLUTION CALLING FOR A SPECIAL ELECTION FOR A GENERAL OBLIGATION BOND IN THE AMOUNT NOT TO EXCEED $1,755t000 FOR A SWIMMING POOL COMPLEX. Council Bill 1511 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Flurry Stone, Pool Committee Chairman, requested Council approval of the bill for the purpose of moving forward with the bond issue question. The amount of the issue would provide the maximum authority, however, it does not mean that the full amount will be used. The Committee is applying for grants and other fundraising activities are being planned to reduce the bond levy amount. Councilor Figley stated that the Committee is applying for outright grants and very iow interest loans. In addition, they are soliciting for on-going endowments to help offset operational and maintenance costs. Councilor Mitchell expressed his concern regarding the community's ability to [pay for future indebtedness for wastewater, transportation, and expanded pool facilities. He also questioned what the city's debt limit is at this time. Tape 2 Administrator Childs stated that the debt limit is based on a percentage of the assessed value and is only applies to general obligation bonds. He did not have the exact figure available, however, he would have it calculated for Council information. Mr. Stone stated that they will be pursuing a 1% loan program from the federal government as an alternative funding source. On roll call vote for final passage, Council Bill 1511 passed 4-1 with Councilor Mitchell voting nay. Mayor Kelley declared the bill duly passed. The Committee will soon be starting their first fundraiser which is a "Buy a Brick" program. 0086 COUNCIL BILL 1512 - RESOLUTION AUTHORIZING AGREEMENT WIT~ OREGON DEPARTMENT OF TRANSPORTATION FOR 1993-94 ANNUAL TRANSIT OPERATING ASSISTANCE GRANT. Council Bill 1512 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Public Works Manager Rohman stated that additional federal funds were being disbursed for this fiscal year, however, the State has elected to reduce their State contribution to support transit operations and provide the City with the same total grant allocation as in the previous year. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared the bill duly passed. Page 6 - Council Meeting Minutes, January 10, 1994 TAPE READING COUNCIL MEETING MINUTES January 10, 1994 0142 COUNCIL BILL 1513 - RESOLUTION AUTHORIZING TRANSFER OF 3A OPERATING CONTINGENCY APPROPRIATIONS WITHIN THE 9-1-1 FUND 0170 DURING FISCAL YEAR 1993-94. Councilor Hagenauer introduced Council Bill 1513. 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 Kelley declared the bill duly passed. BID AWARD - VOICE LOGGING RECORDER FOR 9-1-1 COMMUNICATIONS. 0198 0217 Bids for a digital voice logging recorder were received from the following vendors: Dictaphone Corp., $28,960.50; and Magnasync Corp., $31,175.00. Staff recommended the acceptance of the bid from Dictaphone Corp. HAGENAUER/FIGLEY... award the bid to Dictaphone Corp. in the amount of $28,960.50. The motion passed unanimously. OLCC LIQUOR LICENSE TRANSFER - L~ LINDA'S (293 N. Front St). Application for a tranRfer of ownership license was requested by the current operators of the business who recently formed a corporation (La Linda's Incorporated). Police Chief Wright provided a staff report and recommendation to endorse the liquor license application with a one-year compliance plan. JENNINGS/FIGLEY... accept the Police Chief's recommendation and La Linda's Inc. liquor license be endorsed. The motion passed unanimously. TRANSFER OF DRUG FORFEITURE PROPERTY TO HUBB~RD POLICE DEPT. In 1992, a 1978 Plymouth Van, valued $100, was seized and subsequently forfeited to the Police Department as part of a undercover drug operation involving several law enforcement agencies. Staff recommended that the van be transferred to Hubbard Police Department to be used for drug law enforcement purposes as allowed under the Oregon Forfeiture Law. JENNINGS/FIGLEY... transfer the 1978 Plymouth Van, Oregon License QCD-583, to the Hubbard Police Department as recommended by staff. The motion passed unanimously. 0247 CL~IM~ - DEOEMBER 199~. FIGLEY/GALVIN .... voucher checks $21080 - 21448 be approved for the month of December 1993. The motion passed unanimously. ~267 Joanne Bjelland questioned the Mayor and Council as to what can be done to keep an impasse on appointments from happening in the future. Attorney Shields stated the appointments are included in the Charter which was passed by a vote of the people. Amendments to the charter can be proposed either by citizens following the initiative petition process or the Council referring a Page 7 - Council Meeting Minutes, January 10, 1994 3A TAPE READING 0383 0645 COUNCIL MEETING MINUTES January 10, 1994 ballot measure to the citizens for a vote. Nancy Kirksey stated that an initiative petition process can be done but she requested the Council to expedite the process and refer the matter to the voters. She also stated that she had not heard one individual attending the past Council meetings to publicly state that the reappointment should not be made. STAFF REPORTS. The following staff reports were included in the agenda packet for the Council's information: (1) Issues for Council/Wastewater Advisory' Committee workshop; (2) Preliminary population estimate for Woodburn; (3) Water service to resident on Blaine Street; (4) Legion Park picnic shelter; (5) Letter regarding United Way participation; (6) Completion of the 1992-93 Audit; and (7) Police Department Gang Activity Report for 1993. Public Works Director Tiwari referred to his memo regarding the upcoming workshop on wastewater facility planning. He stated that decisions need to be made that would accommodate the City over the next 20 years. Items to think about in preparation of this meeting include growth, the type of community envisioned for the future, and how it relates to the surrounding areas. Hopefully, some goals can be developed during the workshop which can be accomplished during this facility planning process. In regards to the water service at 1490 Blaine Street, Director Tiwari stated that service has been provided to this location for approximately 40 years even though it is outside of the city limits. The water line, which crosses another parcel of private property, is leaking and needs replacement. However, the other property owners are unwilling to grant an easement and have the line reinstalled at the current location. Another property owner to the south has agreed to allow the easement on their property along Aztec Drive but a reserve strip along Aztec is owned by Woodburn State Bank/Bank of America which included an improvement reimbursement agreement for a 10 year period that expires on May 21, 1994. Depending upon the outcome of negotiations between the property owner and the bank, the new line will be reinstalled once all easements have been agreed to by the parties involved. Councilor Mitchell requested that the Wastewater Advisory Committee be listed under Committee Reports at the beginning of the agenda so information on this important subject can be disseminated to the public on a regular basis. Page 8 - Council Meeting Minutes, January 10, 1994 3A TAPE READING 0679 0706 0770 COUNCIL MEETING MINUTES January 10, 1994 EXECUTIVE SESSION. JENNINGS/FIGLEY... adjourn into executive session under the authority of ORS 192.660(1)(i) for the purpose of evaluation of performance and compensation of the city Administrator. The motion passed unanimously. The Council adjourned to executive session at 8:55 p.m. and reconvened the meeting at 9:30 p.m.. COMPENSATION ADJUSTMENT FOR CITY ADMINISTRATOR. FIGLEY/MITCHELL... city Administrator's salary be established at $4,800 per month retroactive to his anniversary date of November 11, 1993. The motion passed unanimously. City Administrator Childs thanked the Council for their candid, positive, and helpful comments during the evaluation process and for their vote of confidence in his work. ADJOURNMENT. The meeting adjourned Et 9:32 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, January 10, 1994 3A Executive Session COUNCIL MEETING MINUTES January 10, 1994 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 10, 1994. CONVENED. The Council met in executive session at 9:01 p.m. with Mayor Kelley presiding. The session was held under the authority of ORS 192.660 (1)(i). ROLL CALL. Mayor. Kelley Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Mitchell Present Councilor S ifuentez Present Staff Present: City Administrator Childs, City Recorder Tennant The purpose of the executive session was to continue Council discussion on the City Administrator's annual performance evaluation and his compensation. ADJOURNMENT. The executive session adjourned at 9:28 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, January 10, 1994 4A APPOINTMENTS PLANNING COMMISSION JANUARY 24, 1994 I hereby appoint the following people to the Planning Commission subject to approval of the City Council: T E R M EXPIRATION 1. Position #1 Appoint Pam Davis ~ 1995 1039 Blaine St. U~term Business Resident 14 years 2. Position #2 Appoint Robert Finch 444 Hardcastle Phone: 981-7840 Cabinet Maker Resident 5 years 1996 3. Position #3 Appoint James Atkinson ~ 1997 765 Elana Expired term 17 Year Resident Employment: McLaren School 4. Position #4 Appoint Gary Kosikowski 611 Harrison Street Phone: 982-2973 ~ 1997 Expired term 5. Position #8 Appoint Lillian Warznyski 1795 Tomlin 981-0538 DecaTt~ 1997 Expired term Retired Senior Volunteer Program CITY OF 491 North Third Street * WOODBURN Woodburn, Oregon 97071 * 982-5255 4B January 18, 1994 Mayor Len Kelley City Council Members Woodburn, Oregon Dear Mayor and Council, The Retired Senior Volunteer Program Advisory Council wishes to submit the name of Donna Hendricks, Northland Cable District' Office Manager, for appointment to the RSVP Advisory, Council, Thank You for your consideration of this appointment. Si ncerel y, Ardith Stromme :'qembershi p Cha~ rperson CC: City Administrator Donna Hendricks is hereby appointed to the Retired Senior Volunteer Advisory Council, subject to Council confirmation. ~, ~? ~//~ , / ~a.- 9~ CITY OF 270 Montgomery Street · WOODBURN Woodburn, Oregon 97071 · 982-5222 4C PROCLAMATION CATHOLIC SCHOOLS WEEK JANUARY 31 - FEBRUARY 4, 1994 WHEREAS, every year the Catholic schools throughout the United States celebrate their very important contribution to the educational endeavors of our nation; and WHEREAS, there is one Catholic elementary school in the Woodburn area, financed entirely without taxpayers' money, but through tuition and fund raising by the parents of the school children, and WHEREAS, the administrators and teachers in the Catholic schools are dedicated to the children and to the belief in educating the whole person, body and soul, and in teaching children to live by a moral code and a value system; and WHEREAS, the Catholic school in the Woodburn area give thousands of hours of community service by collecting and distributing food baskets at holidays, and providing support and companionship to the elderly in our nursing homes; NOW, THEREFORE, I, Len Kelley, Mayor of the City of Woodburn do hereby proclaim the week of January 31 to February 4, 1994 to be CATHOLIC SCHOOLS WEEK in the City of Woodburn and ask our citizens to recognize and appreciate the many contributions the Catholic schools make in our community. IN WITNESS WHEREOF, I have hereunto set may hand and caused the seal of the City of Woodburn to be affixed this 20th day of January, 1994. Lo~ Kelley, Mayor' City of Woodburn 9A COUNCIL BILL NO. /~0~, RESOLUTION NO. A RESOLUTION FINDING THAT THE BUILDING LOCATED AT 199 N. FRONT STREET IS A DANGEROUS BUILDING, DECLARING IT TO BE A PUBLIC NUISANCE, AND ORDERING ITS OWNER TO MAKE IT SAFE. WHEREAS, the Woodburn City Council passed Ordinance No. 1999 which provides a process for the abatement of building nuisances, and WHEREAS, pursuant to Resolution 1173, a public hearing was set for May 10, 1993 at 7:00 p.m. in the Woodburn City Council Chambers, 270 Montgomery Street, Woodburn, Oregon, on the question of whether the building located at 199 N. Front Street, Woodburn, Oregon, constitutes a dangerous building as defined by Ordinance 1999, and WHEREAS, the City Recorder provided notice of said hearing as prescribed by Ordinance 1999, and WHEREAS, said hearing occurred and substantial evidence was presented indicating that the building located at 199 N. Front Street, Woodburn, Oregon, constitutes a dangerous building and is a public nuisance, and WHEREAS, said hearing was continued by the Council on several occasions in order to afford the owner of the building due process and an adequate opportunity to repair or abate said structure, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the subject real property is described as follows: Lot 1, Block 4, in the original Town of Woodburn, County of Marion, State of Oregon, also known as 199 N. Front Street, Woodburn, Oregon. Section 2. That the subject real property is owned by Nora Fives and Lee Lemos. Section 3. That pursuant to Ordinance 1999 and Resolution 1173, a public hearing was held on May 10, 1993 at 7:00 p.m. in the Woodburn City Council Chambers, 270 Montgomery Street, Woodburn, Oregon, on the question of whether the building located at 199 N. Front Street, Woodburn, Oregon, constitutes a Page I COUNCIL BILL NO. /:~0(~ RESOLUTION NO. 9A dangerous building as defined by Ordinance 1999. Section 4. That the public hearing was continued several times and adequate opportunity and notice was provided to all persons with ownership interests in the building to testify. Section 5. That, based upon the evidence presented at the public hearing, the Woodburn City Council finds that the building located at 199 N. Front Street, Woodburn, Oregon, is a dangerous building and declares said building to be a public nuisance. Section 6.That that the owners of the property located at 199 N. Front Street, Nora Fives and Lee Lemos, are hereby ordered to repair or abate the building located on the property by January 24, 1994 at §:00 p.m. Section 7. That if said owners do not repair or abate the building during the prescribed time, the city will proceed to abate the building according to law. Section 8. That pursuant to Ordinance 1999 the City Recorder is hereby directed to provide a copy of this resolution to the owners of the property at 199 N. Front Street, Woodburn, Oregon. / /z~ Approved as ,o ,orm.~~ ~ /Z Z ~ City Attorney Date~ APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 2 COUNCIL BILL NO. I~0 ~ RESOLUTION NO. COUNCIL BILL NO. /~//_.) RESOLUTION NO. A RESOLUTION FINDING THAT THE BUILDING LOCATED AT 347 N. FRONT STREET IS A DANGEROUS BUILDING, DECLARING IT TO BE A PUBLIC NUISANCE, AND ORDERING ITS OWNER TO MAKE IT SAFE. WHEREAS, the Woodburn City Council passed Ordinance No. 1999 which provides a process for the abatement of building nuisances, and WHEREAS, pursuant to Resolution 1173, a public hearing was set for May 10, 1993 at 7:00 p.m. in the Woodburn City Council Chambers, 270 Montgomery Street, Woodburn, Oregon, on the question of whether the building located at 347 N. Front Street, Woodburn, Oregon, constitutes a dangerous building as defined by Ordinance 1999, and WHEREAS, the City Recorder provided notice of said hearing as prescribed by Ordinance 1999, and WHEREAS, said hearing occurred and substantial evidence was presented indicating that the building located at 347 N. Front Street, Woodburn, Oregon, constitutes a dangerous building and is a public nuisance, and WHEREAS, said hearing was continued by the Council on several occasions in order to afford the owner of the building due process and an adequate opportunity to repair or abate said structure, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the subject real property is described as follows: All of Lot 3, Block 2 and 2.5 feet off of Lot 4, Block 2, to the center of the party wall between the building known as the Association Building and the L.W. Guiss Building, in the original town of Woodburn, Marion county, Oregon, als0 known as 347 North Front Street, Woodburn, Oregon. Section 2. That the subject real property is owned by Salud De La Familia, Inc., an Oregon non-profit corporation. Section 3. That pursuant to Ordinance 1999 and Resolution 1173, a public hearing was held on May 10, 1993 at 7:00 p.m. in the Woodburn City Council Page I COUNCIL BILL NO. /J'~/O RESOLUTION NO. Chambers, 270 Montgomery Street, Woodburn, Oregon, on the question of whether the building located at 347 N. Front Street, Woodburn, Oregon, constitutes a dangerous building as defined by Ordinance 1999. Section 4. That the public hearing was continued several times and adequate opportunity and notice was provided to all persons with ownership interests in the building to testify. Section 5. That, based upon the evidence presented at the public hearing, the Woodburn City Council finds that the building located at 347 N. Front Street, Woodburn, Oregon, is a dangerous building and declares said building to be a public nuisance. Section 6.That the owner of the property located at 347 N. Front Street, Salud De La Familia, Inc. is hereby ordered to repair or abate the building located on the property by · Section 7. That if said owner does not repair or abate the building during the prescribed time, the city will proceed to abate the building according to law. Section 8. That pursuant t~) Ordinance 1999 the City Recorder is hereby directed to provide a copy of this resolution to the owners of the property at 347 N. Front Street, Woodburn, Oregon. Dial / Approved as to form.~ ,~~~ 6 '~ ~"- City Attorney APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 2 COUNCIL BILL NO. / 3/O RESOLUTION NO. 10A COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY LOCATED ON NORTHWEST CORNER OF STATE HIGHWAY 99E AND WILLIAMS AVENUE FROM RM (MULTI-FAMILY RESIDENTIAL DISTRICT) TO CG (COMMERCIAL GENERAL DISTRICT) AND DECLARING AN EMERGENCY. WHEREAS, the applicant, Pfeifer Construction, submitted application #93-04 for a zone map amendment in order to rezone a parcel of property located on the north west corner of State Highway 99E and Williams Avenue, and WHEREAS, the Planning Commission conducted a public hearing and recommended the City Council approve said application, and WHEREAS, the City Council conducted a public hearing and heard testimony relevant to said application, NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is outlined on the attached diagram as Exhibit "A" and is described as follows: Marion County Assessor Map 5S, 1W, Section 8 ED, Tax Lots 8500 and 8600. Section 2. The zone designation of the property described in Section I is hereby reclassified from RM (Multi-Family Residential District) to CG (Commercial General). Section 3. The zone reclassification is subject to the following condition which the Council finds reasonable: Prior to any development, construction, improvement or alteration, on the subject property, the applicant must obtain site plan approval. Section 4. Zoning reclassification is based upon the findings of approval contained in the staff report which is attached hereto as Exhibit "B" and by this reference incorporated herein. Section 5. The City Administrator or his designee is hereby directed to conform the zoning map to the reclassification herein made. Section 6. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval b.y the IV)ayor. Approved as to form:~/~~/~~'-~ /I~O/( City Attorney Date Page I - COUNCIL BILL NO. RESOLUTION NO. "" "~'- ST'REE-T' 720O 7;OO 7O0O 69OO g STAFF REPORT ZONE CHANGE # 93-04 II III IV APPLICANT: Pfeifer Construction for Ashish & Rita Mistry 622 N Water Street Silverton, OR 97381 NATURE OF THE APPLICATION: The applicant is requesting a Zone Map Amendment in order to rezone property located west of Pacific Highway and north of Williams Avenue from Multi-Family residential to Commercial General. RELEVANT FACTS: The site is located adjacent to the Plaza Motel which is located at 1025 N Pacific Highway. The property can be identified specifically on Marion County Assessor Map §S,IW, Section 8CD, Tax Lots 8500,8600. The applicant intends to build an addition of approximately 11 units to the existing motel once the Zone Change takes place. The Woodburn Comprehensive Plan Map designates this property as Commercial. Therefore, the applicants's property has already been planned for commercial development. It is the applicant's desire to now request a Zone Map Amendment in order to comply with the Comprehensive Plan Map. The applicant is requesting a Zone Map Amendment only at this time. At such time development occurs, the applicant will be required to request Site Plan Review approval. RELEVANT APPROVAL CRITERIA: Woodburn Comprehensive Plan Woodburn Zoning Ordinance Chapter 5 Permits and Enforcement Chapter Chapter Chapter Chapter Chapter Chapter Chapter 6 Planning Commission 7 Public Hearing 8 General Standards 15 Zone Change Procedures 26 RM-Multiple Family 28 Commercial Office District 30 Commercial General District Woodburn Comprehensive Plan: Ao Woodburn Comprehensive Plan: Staff: The applicant has complied with the Comprehensive Plan by addressing the relevant approval criteria in the Zoning Ordinance. The subject property is already planned for commercial development. The applicant is rezoning the property to conform with the Comprehensive Plan Map. Woodburn Zoning Ordinance Chapter 15 Zone Change Procedures Staff: The applicant has submitted the necessary documents as required to process a Zone Change. The applicant has provided statements that address the following approval criteria: 1. Show Staff: that the request is in conformance with the Comprehensive Plan. As indicated in this staff report, the subject property is already planned for commercial development. 2. There Staff: is a public need for this change. The applicant has addressed this approval criteria adequately. The public need would be indicated by current market conditions and the private property owners desire to meet those demands for services. That need is best met by this proposal. Staff: The applicant has addressed this approval criteria adequately. The property owner has the property available for development, it is contiguous to the existing motel, and the property is planned appropriately for the proposed use. There Staff: is no other available and appropriately zoned land in. the vicinity, There are no other parcels of property available to the property owner, The proposed parcels are already under their ownership. Be Petitioner cannot make a reasonable use of the land as it is currently zoned. Staff: The owners wish to develop their property in conjunction with the existing motel. Leaving the property zoned for multi-family would not allow them to make a reasonable use of the property and expand their motel. Chapter 30 Commercial General District Chapter 28 Commercial Offices District Staff: The subject property will be rezoned to Commercial General. Any Commercial Office use is allowed in a Commercial General District. Hotels & Motels are an allowed use. The applicant will be deVeloping the site with a less intense use than could be allowed. IOA V VI VII VIII : COMMENTS FROM OTHER DEPARTMENTS: None at this time. Comments will be included when the applicant requests Site Plan Review approval. CONCLUSION: The applicant is requesting a Zone Map Amendment. The subject property is designated for Commercial use. The Zoning Map currently has the property zoned for Multi-Family. Approval of this request will bring these parcels of land into conformance with the City's Comprehensive Plan Map. Once the zone change is approved, the subject property will be rezoned to Commercial General. The applicant will be required to submit plans and receive site plan approval before any new construction or alteration takes place to the Plaza Motel. FINDINGS: The request complies with Comprehensive Plan and Comprehensive Plan Map. The applicant has submitted sufficient information as required per Chapter 15 Zone Change Procedures; DECISION: Based on the findings in this report, staff recommends approval of this application subject to the following conditions: The applicant shall request Site Plan Review approval for structures built, structurally altered, or enlarge. IOA lOB MEMO TO: FROM: SUBJECT: DATE: Frank Tiwari, Public Works Director ~q '; ~' Frank Sinclair, POTW Superintendent Lab Packing and Disposal of Hazardous Chemical from Wastewater Laboratory January 20, 1994 RECOMMENDATION: It is recommended that the city council approve the attached contract in the amount of $518.25 to Burlington Environmental for disposal of hazardous waste from the treatment plant laboratory. In order to comply with OSHA Chemical Hygiene regulations, it is necessary to dispose of hazardous chemicals that have accumulated in the laboratory over the years. BACKGROUND,: The chemicals that need to be disposed of are the products of laboratory testing and overstock acquired with the original treatment plant grant. Mixing reagents at the treatment plant sometimes creates' a chemical which must be disposed of by other means than the laboratory sinks. Also, the original federal grant required that a certain amount of chemicals and glassware be purchased. Some of those chemicals were never used because the testing procedures have changed over the years in order to reduce the use of hazardous chemicals. The chemicals are defined as hazardous and need to be disposed of in order to comply with new OSHA regulations. The amount of hazardous chemicals generated is actually very small and probably will not have to be disposed of again for another 15 years. FS:Ig DISPOSE.CHH - 108 COUNCIL BILL NO. ! ~-~/~ RESOLUTION NO. A RESOLUTION AUTHORIZING AN AGREEMENT WITH BURLINGTON ENVIRONMENTAL FOR DISPOSAL OF CERTAIN HAZARDOUS WASTE MATERIALS. WHEREAS, operation of the city's wastewater treatment plant generates certain hazardous waste materials, and WHEREAS, said waste material must be disposed of properly pursuant to applicable law, and WHEREAS, Burlington Environmental, Inc. appears qualified and equipped to dispose of said waste materials, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the city enter into an agreement with Burlington Environmental, Inc. for disposal of i~s hazardous waste materials. Section 2. That the Mayor is authorized to sign said agreement on behalf of the city. A copy of said agreement is attached hereto and, by this reference, incorporated herein. Approved as to form:~ City Attorney 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 Page I - COUNCIL BILL NO. RESOLUTION NO. Len Kelley, Mayor .~. BURLINGTON NVmONM NT, L WASTE TRANSPORTATION ~ . 1st day o~ Feb~arv, 1994 T~ AG~E~ is ~de ~d enter~ ~to this ~y~ No~{~,' by ~d ~ C~Y OF WOODB~, a ~mtion wi~ i~ p~eipal offi~ at 270 Montgome~ St~, W~bum, Oregon 97071 ('G~emtor'), ~d Budin~n Envim~en~l ~c., a W~h~gton ~mtion ~ i~ p~ei~l offi~ 1~ at 1011 W~tem Avenue, Suite 7~, S~ttlo, W~hington 981~. The parties agree as follows: Article 1 Waste Materials During the term of this Agreement, Generator will provide to Burlington certain waste materials generated at Generator's facilities located at (per Exhibit A).' Such waste materials, their chemical COmposition, 'physical characteristics, and estimated volume are described in the "Generator's Waste Material Profile Sheet(s)' that are part of Standard Contract Exhibit A inCOrporated herein by reference. (The waste materials described ia the Waste Material Profile Shee~(s) are referred to in the Agreement as the 'Waste Materials'.) Generator is not required to deliver its entire output of.the Waste Materials to Burlington but may, in its sole discretion, manage a po?ion of the Waste Materials itself or through its agents or other independent contractors. Article 2 Burlington Services Generator authorizes Burlington to provide the services ret forth.in Exhibit A and, in connection with such services, to transport, 'reclaim, recover, sell, treat, distribute, dispose of, store or use the Waste Materials, their COmponents, and residues. Article 3 Fees and Billing For the services provided to Generator under this Agreement, Generator shall pay Burlington fees as set forth in Standard Contract Exhibit B. In the event any' governmental tax, tariff, fee or surcharge-is to be assessed on the transportation, storage, treatment or disposal of the Waste Materials, the fees charged by Burlington will be .increased by the amount of such tax, tariff fee or surcharge. Any such increase in fees will be set forth as a separate item on the invoices submitted to Generator. Burlington may, at any time upon thirty (30) days prior written notice to Generator, increase or decrease the fees set forth in Exhibit B. Invoices submitted by Burlington to Generator shall be paid not later than thirty (30) days from date of invoice. Payments received after thirty (30) days may be subject to · interest at the rate of one and one-half percent (I~A%) per month. Burlington shall retain COpies of invoices'for at least five (5) years as a record of disposal. MANAGEMENT A GREF-,MENT Article 4 Terms and Termination This Agreement shall commence on the date ret forth above and v. ontinue in effect for a period of two (2) years,hind sueee~~r-e~tensions-.unless either party gives thirty (30) days prior written notice to the other party of its 'intent to terminate, with or without cause, this Agreement. Termination as herein provided shall be in addition to, and not in lieu of, a party's right to terminate for breach. Termination shall operate to discharge all obligations, that are executory by either party on or after the effective date of termination, but any right of a party.based upon performance or breach of this Agreement, including but not limited to .reimbursement for any services rendered, prior to the effective date of termination shall survive. Art/de 5 Transfer of Wastes and Title Waste Materials will be tendered by Generator as set forth in Exhibit A, subject to tho Generator's warranties and the Generator's indemnifications and obligations set forth in Sections 7 and 8. At the time Burlington (or its delegatee) signs a standard form of manifest indicating an acceptance of delivery of .the Waste'Materials, title, risk of loss and all other incidents of ownership with re. speet to those. Waste Materials shall be transferred from Generator ~o Burlington. If, following signature of a manifest pertaining tO -Generator's Waste. Materials, ..such Waste 'Materials are discovered to be 'non-conforming' in whole or in .part, Burlington may revoke its acceptance of all' such Waste Materials. A revocation of acceptance shall operate to revest 'title, risk of loss '.and. all ' other., incidents of ownership in Generator at .the time rev.ocatign is 'COmmunicated, either orally or in writing, to Generator. Waste Materials shall be considered 'non-conforming', for purposes of this Agreement: (a) if they are-not in accordance with the descriptions, limitations or ~pecifications stated in the Generator's Waste Material Profile Sheet(s), attached hereto as part of Exhibit A or; (b) if they have constituents or components, not specifically identified in the Generator's Waste Material Profile Sheet(s): (i) which increase the nature or extent of the hazard and risk undertaken~ by Burlington in agreeing to handle, · load, transport, store, treat or dispose of. the Waste Materials, or (ii) which cannot, - for. reasons relating to the design or permitting of the facility, be stored, treated or disposed of at the relevant waste management facility identified in Exhibit A. W-C21 9/92 Burlington Eavit'onmemal Inc. · 141 "A' Street ° Wa 'shougal, Wa,~ington 98671 o'206;835.8743 Page i Generator shall remove non-conforming Waste Materials from the possession of .Burlington (or its .delegatee) within a reasonable time, not to exceed seven (7) days, after revocation of acceptance has been communicated to Generator, unless within such time the parties agree to some. alternative lawful manner of disposition of those Waste Materials. Generator shall pay Burlington its reasonable expenses and charges for handling, loading, preparing, transporting, storing and caring for non-conforming Waste Materials the ownership of which is revested to Generator. Article 6 Burlington Warranties Burlington warrants that: (a) it understands the currently known hazards 'which are presented to persons, property and the environment in the .transportation, reclamation, recovery, sale, treatment, distribution, storage and disposal of the Waste Materials;- (b) it will transport, store and dispose of the Waste Materials in full compliance with all governmental laws, regulations and orders; (e) the waste management facilities described in Exhibit A are now licensed and permitted to store and dispose of waste materials within the description of the Waste Materials; and (d) in the event such waste management facilitie~ lose permitted status during the 'term of this Agreement, Burlington will promptly notify Generator of such loss; Article 7 Generators Warranties Generator warrants that: (a) the description of its Waste Materials made pursuant .to Section 1 as .set forth in the Generator's Waste Material · Profile Sheet(s) attaeh6d hereto, as part of Exhibit A is true and correct; all Waste Materials to be tendered by Generator hereunder will conform to such description; (c) containers of Waste Materials transferred by Generator hereunder will be marked,, labeled, and otherwise be in conformance with governmental laws, regulations and orders; (d) it holds (or will hold at the time of-transfer) clear title to all waste materials transferred hereunder-, and it is under no legal restraint or order which would prohibit transfer of possession or title to Burlington for transportation, reclamation, recovery, sale, treatment, distribution, storage or disposal; (e) it has communicated, and will during the term hereof continue to communicate, to Burlington those hazards and risks known to or learned by Generator to be incident to the handling, transportation, storage, treatment and disposal of the Waste Materials; (f) if the Waste Materials are hazardous wastes as defined pursuant to Section 3001 of the Resource Conservation and Recovery Act, Generator hms made any notifications required by Section 3010 of that Act and will comply with pertinent regulatory requirements established pursuant to Section 3002 of the Act, including, the manifest requirement; (g) if the Waste. Materials are; or contain~ hazardous substances as de£med pursuant to Section 101 of the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, Generator will advise Burlington in writing, prior to tendering, or delivering to Burlington (or its delegatee) any. vehicular.. load of Waste Materials containing a reportable quantity of any hazardous substance or substance pursuant to Section 102 of said Act, specifying those hazardous substances present in a reportable quantity; · (la) if the Waste Materials are covered by requirements of any state laws or regulations relating to hazardous wastes or hazardous materials, it' will comply with all. applicable requirements of such laws or regulations. Article 8 Indemnification. Burlington agrees to indemnify, save harmless and defend Generator from and against any and ail liabilities, claims, penalties, forfeitures, ~suits and the costs and expenses incident thereto (including costs of defense, settlement and reasonable attorneys' fees), 'which it may hereafter incur,' become responsible for or pay out as a result of death or bodily injuries to any. person,' destruction .-or damage .to any .property or property fights, contaminatiOn of or adverse effects on the environment, or any violation .of' goveXmnental laws, regulations or orders, caused, in whole or in part, by: (a) Burlington's breach of 'any term or provision of this Agreement; or (b) . any negligent or willful act or Omission 'of Burlington, its employees or delegatees in' the performance of 'this Agreement. Generator agrees 'to indemnify, save harmless and defend Burlington from and against any .and all liabilities, claims, penalties, forfeitures, suits, and the costs and expenses incident thereto (including costs of defense, settlement and reasonable attorney's fees), which it may hereafter incur, become responsible for or Pay out as a result.of death or bodily injuries to any person, destruction.or damage to any property or property rights, contamination of or adverse effects on the environment, or any violation of governmental laws, regulations or orders, .caused in whole or in part, by: (a) Generator's breach of any term or provision of this Agreement; Or (b) any negligent or willful act or omission of Generator, its employees or subcontractors in the performance of this Agreement. W-C21 9/92 Burlington Environmental Inc. · 141 'A" ;;h'ee! * Wa~ougal. Washlng~on 98671 * 206.835.8743 .Page 2 Article 9 Insurance Burlington shall procure and maintain, at its expense · during the term of this Agreement, at least the fei!owing insurance, covering activities performeci under and contractual obligations Undertaken in, this Agreement: COVERAGE (a) Workman's Compensation (b) Employer's Liability .(e)General Liability (combined b6dily injury & property damage liability) (d) Truck Liability (combined bodily & property damage) LIMITS Statutory $1,000,000 each accident $1,000,000 each oceurrence $1,000,000 aggregate $5,000,000 each occurrence . $5,000,000 aggregate Article 10' Workon Generator's Premises Generator agrees to provide Burlington and Burlington's employees and .delegatees a safe working, envirOnment for any work,..in performance of this Agreement, which must be undertaken on premises owned or controlled by Generator. Burlington and its employees and delegatees shall comply with Generator's safety procedures while in Generator's premises, provided such procedures are 'conspicuously and legibly posted in the working area or have been delivered, in writing, to Burlington prior to the commencement of work-on Generator's premises. Article 11 Independent Contractor .Burlington is and shall perform this Agreement as an independent contractor, and as such, shall have and maintain. complete control over all of its employees,-agents and operations.' Neither Burlington nor anyone employed by ,it or its delegatees shall be or be deemed to be, or act or .purport to act as; the agent, representative, employee or servant of Generator. Article 12 Inspections Generator shall have the right to inspect and obtain copies of all written licenses, permits or approvals issued by any governmental entity or agency to Burlington or its delegatees which are applicable to the performance of this Agreement; to inspect and test, at its own expense, transportation vehicles or vessels and containers provided by Burlington or its delegatees; and to inspect the handling, loading, transportation, storage or disposal facility operations conducted by Burlington or its delegatees in the performance of this Agreement. Such inspections are encouraged by Burlington Article 13 Excuse of Performance The performance of this Agreement, except for the obligations to comply with all laws and regulations and the payment of money for services already rendered, may be suspended, by either party in the event the delivery or transportation of the Waste Materials by Generator, or the transpoaat!on, .stOrage or disposal of the Waste Materials by Burlington, are.prevented 'by a cause or-causes .beyond the reasonable control of such party. Such causes shall include, but not be limited to, acts of God, acts of war, riot, fire, explosion, accident, flood, or sabotage; lack of adequate fuel, power, raw materials, labor or transportation facilities; governmental laws, regulations, requirements, orders or actions; breakage or failure of machinery Or apparatus; national defense requirements; injunction or restraining orders; labor trouble, strike, lockout or injunction. Neither party shall be .required by virtue of this Agreement to settle a labor dispute against its own best judgment. Article 14 Delegation and Assignment Burlington may at .any time delegate, orally or in .writing, performance of the work, or any portion thereof, including but not limited to the transportation of the Waste Materi.a!s, which is by this Agreement undertaken by Burlington; provided, however., that such delegation, unless in an emergency case in which delegation is necessary to mitigate or minlmiz~ harm or the threat of harm to human health or the environment,: must be -to a person or entity that has obtained all governmental permits and approvals that am required in order to perform such .work.. Without limiting the - generality 'of the foregoing, transportation services to be provided to Generator under this Agreement shall be .performed by Resource Recovery Corporation, a wholly-owned subsidiary of Burlington, and/or by Terrace Corporation, an affiliate of Burlington, sad its subsidiaries, Gasoline Tank Service Company and United Drain Oil Service Any such delegation shall not operate to relieve Burlington of its responsibility hereunder. Either party may, at any time, upon written notice to the other party, assign its fights under this Agreement. Article 15 Waste Material Information Updates Upon written request of Burlington, Generator shall provide to Burlington one or more of the following: . (a) a new Generator's Waste Material Profile Sheet describing the Waste Materials or a certification that the previously supplied Profile Sheet(S) remain true and accurate; (b) a certification that a specified load of waste materials delivered to Burlington is representative of the Waste Materials as described on Generator's last Waste Material Profile Sheet(s) or; (c) a certified representative sample of the Waste Materials. Burlington shall provide forms to be used in supplying the above information or samples. W-C21 9/92. BurlingtOn Environmental Inc. * 141 'A'.Street * Washougal, Washinglon 98671 * 206.835.8743- Page 3 Article 16 Notice Any notice to be give under this Agreement shall be in writing and shall be deemed .to have been sent when deposited in the United States mail, and properly addressed: CITY OF WOODBURN 270 Montgomery Street Woodbum, OR 97071 ATTN: Frank Sinclair. Mr. Roger Nelson BURLINGTON ENVIRONMENTAL INC. 1011 Western Avenue Suite 700 Seattle, Washington 98104 Article 17 No Waiver Any failure of a party to enforce any provision of this Agreement will not constitute a waiver of such provision or 'prejudice the right of that party to enforce such provision at any subsequent time. Article 18 Enforcement If a suit or action is instituted in connection With any controversy arising out of this Agreement, the prevailing pa~y shall be entitled to reCOver, in addition to costs, -such sums as · the court may adjudge reasonable as attorney's fees. Article 19 Records During the term of this Agreement and any such longer period as is required b'y law, Burlington shah maintain records pertaining to the services it Provides with respect to the Waste Materials under this Agreement.' .. SUch .'reCOrds shall be available for inspection by Generator at such reasonable time and place as Generator may request in writing. Article 20 COnfidentiality Each party shall treat as confidential and not disclose to others during or subsequent to the term of this Agreement, except as is required by law or is neces.sary to properly perform this Agreement (and .then only on a confidential basis satisfactory to the other party) any information regarding the Waste Materials. Neither party shall make any news release, advertisement or public announcement regarding 'the subject matter of this Agreement without the prior written approval of the other party. Article 21 Law to Apply The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Washington, applicable Federal laws and regulations. Article 22 Entire Agreement This Agreement incorporates the entire understanding and agreement of. the parties regarding-the transportation, reclamation, recovery, ~le, treatment, distribution, disposal, storage and use of the Waste Materials and supersedes any and all terms and conditions which may be contained in any purchase orders issued by Generator prior or subsequent to this Agreement. IN WITNESS WHEREOF~ the ~parties have caused this Agreement to be executed by their duly authorized representativeS as of the day and year first above written. BURIJNGTON ENVIRONMENTAL INC. CITY OF WOODBURN Company Company Signature Alan C. Kakovich Print Name Sales Manager - Western Region Title Signature PdntName Title Date Date W-C21 9/92 Burlington Environmental Inc. ,, 141 'A' Street ,, Waahougal, Washington 98671 ,, 206.835.8743 Page 4 ~i:.~..~ BURLINGTON ~y .... ENVIRONMENTAL Customer: CITY OF WOODBURN Generator:. CITY OF WOODBURN Receipt of the waste materials from: 2815 Mollala Road Woodbum, OR 97071 to the permitted waste management facility at: Burlington Environmental Washougal Facility 625 South 32nd Street Washougal, Washington 98671 EXHIBIT A Invoice to: City of Woodbum, .270 Montgomery Street, Woodburn, OR 97071, Attn: Frank Sinclair Waste Material Profile Sheet Number(s): # 81536 and Burlington Environmental Georgetown Facility 734 South Lucile Street Seattle, Washington 98108 Burlington Environmental has the appropriate permit(s) for recycling and/or disposal of this material in accordance with WAC 173- 303-290. Place, time, frequency, and quantity(ies) and Transfer of Title to waste materials: 8:00 a.m. - 4:30 p.m. week days except holidays, weather.permitting. :EXHIBIT B Profile//81536: $ 50.00 50.00 · 2oo.oo 68.25 50.00 50.00 50.00 $ 518.25 · Disposal of LabPaek Drum//FLPB-O1. Disposal Of Labpaek Drum//CA-O1 DispoSal of Labpack Drum gPB-O1 DiSpOsal of LabPack Drum//OX-O1 .Disposal of Labpack Drum/tPBCA-O1 DisP°sal,of Labp~ek-Drum//CL9-O1 - Disposal of Labpack Drum gFL-01- TOTAL DISPOSAL COST Disposal fees do not include transportation. Transportation per published tariff. By their signature hereto, 'the parties agree that this Exhibit A and B, including the referenced Waste Material Profile Sheet(s), shall be considered an attachment to, and part of, that certain 'Waste-Transportation and Management Agreement" identified above. BURLINGTON ENVIRONMENTAL INC. · CITY OF WOODBURN Company ' Company Signature Alan C. Kakovich, Sales Manager - Western Region Signature Print Name Print Name Date Date 10C MEMO TO: FROM: SUBJECT: DATE: City Council through the City Administrator Public Works Program Manager ~ ~~ Professional Services Agreement for Work Involving the City's Transportation Plan January 19, 1994 RECOMMENDATION: Approve the attached resolution authorizing the mayor to sign an agreement with Kittelson & Associates, Inc. to provide professional traffic engineering services involving the city's transportation plan in the amount of $10,000. BACKGROUND: The city, through its Transportation Task Force has been working on a transportation plan to comply with the Oregon Transportation Rule since late 1992. As a part of that effort Kittelson & Associates, Inc., under resolution 1162 passed by council on February 8, 1993 prepared a long-range study on the I-5/Highway 214 interchange area. The Oregon Department of Transportation (ODOT), during its review of the study, requested additional analysis on three specific items discussed in the study. This analysis was beyond the scope of the original study agreement. The city, during talks with ODOT, obtained an offer of financial assistance to complete the requested additional work. A proposal was solicited from Kittelson and submitted to ODOT. After further discussion, ODOT agreed to reimburse the city for the $10,000 estimated cost of the additional study. The reimbursement will be through a cooperative agreement with the state which is currently being developed by ODOT and which will be presented to council at a future meeting. This work is needed for continued progress on completion of a transportation plan and the city will be reimbursed for the cost of the project. The attached resolution should be approved. RR:Ig KITTEL.CC 10C COUNCIL BILL NO. / RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH KITTELSON & ASSOCIATES. WHEREAS, the City of Woodburn is in the process of developing a transportation plan in order to comply with the Oregon Transportation Rule, and WHEREAS, a transportation task force has been appointed to assist in the development of the plan, and WHEREAS, Kittelson & Associates, Inc. has prepared a long range study of the I-5/Highway 214 interchange areas, and WHEREAS, the Oregon Department of Transportation has required analysis that was beyond the scope of the original study agreement and has indicated that they will reimburse the city for the cost of the additional analysis, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with Kittelson & Associates, Inc. to provide professional traffic engineering services to conduct further analysis of specific areas of their long range study of the I-5/Highway 214 interchange area which is attached as exhibit "A" and by this reference incorporated herein. Section 2. That the Mayor is authorized to sign said agreement on behalf of the City of Woodburn. Approved as to form: "~'~~ City Attorney Dat~ APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon 10C AUTHORIT_dkTION FOR PROFESSIONAL SERVICES November 19, 1993 Page 1 Project: 1006 ATTACHMENT SCOPE OF SERVICES Provide professional transpomttion engineering services in connection with the analysis of traffic operations and refinement of future travel demand forecasts associated with the Highway 214/I-5 Interchange in Woodbum, Oregon. The project will include the following tasks: Conduct analysis of future weave/merge traffic operations on Highway 214 between thc I-5 Northbound Ramp Termini and Evergreen Road. Conduct comparative analysis of future traffic progression along Highway 214 (using Passer-ID between Woodland Avenue and Oregon Way. Analysis of traffic progression will investigate future · traffic volumes for thc three (3) major alternatives (improvements to Highway 215/1-5 Interchange) identified in our original report including: Partial Cloverleaf-Addition of Loop Ramps to Upgrade Diamond Interchange Split Diamond Interchange Upgraded Diamond Interchange (with median barrier along Highway 214) Identify future daily trip generation rate for S.E. quadrant area of the Highway 214/I-5 Interchange and refine future travel forecast model (QIL5-1I) model to reflect updated trip generation assumptions. Update future (20H.) peak hour volume estimates based on refined model results. This task includes coordination with ODOT Staff concerning trip generation and model development assumptions. Report Prepare an addendum letter report summarizing the analysis assumptions, methodology, results, and findings. Meetings 5. Prepare for and attend one meeting with the City and ODOT to discuss study findings. This work scope does not include attendance at any public hearings or public meetings. EXHIBIT "A" 10C AUTHORIZATION FOR PROFESSIONAL SERVICES Project: 1006 November 19, 1993 Page 2 · ~- ATTACItMENT "B" COMPENSATION AND SCHEDULE COMPENSATION Compensation will be on the basis of salary of record multiplied by a factor of 2.75, plus all Direct Expenses. If technical or professional services are furnished by an outside source, an additional $ percent shall be added to the cost of the services for Kittelson & Associates, Inc.'s administrative costs. It is e~timated that thc total cost for the above services will be $10,000. This amount will not be exceeded without prior written authorization from the Client. A breakdown of project costs follows: Task 1. Weave/Merge Analysis on Highway 214 2. Progression Analysis on Highway 214 for 3 alternatives 3. Future Travel Model Refinement 4. Prepare Letter Addendum Report 5. Prepare for and attend Meeting with City and ODOT Total Labor Direct Expenses COST $1,500 1,500 4,S00 TOTAL COSTS $10,000 SCHEDULE The described ~c. ope of work will require 6 weeks to complete. A draft report for Client review will be submitted within 5 weeks of notice to proceed on the project. AUTHORIZATION FOR PROFESSIONAL SERVICES November 19, 1993 Page 3 Project: 1006 ATTACHMENT "C" PROVISIONS Services covered by Ibis Authorization shall lac performed in accordance with thc following set of provisions: 1. General: In case ~ny one or more of the provisions contained in this Agreement shall be held illegal, th~ enforceability of th~ remaining provisions contained he.in shall not be impaired thexeby. 2. Salat~ of Record: For the puq~oses of this Authorization, Salary of Recotxl for an employee of KrlTELSON & ASSOCIATES, INC. is defined to include the ~gular salary plus retirement program contributions paid to the employee, expn~;sed in an hourly basi~ and assuming 2,080 regular work hours available per year. 3. Authorization to Proceed: Signing this form shall be construed as a~thodzation by ~ for KITTELSON & ASSOCIATF. S, INC. to proceed with work, unless otherwise provided for in the Authorization. 4. Direct Expenses: KITTELSON & ASSOCIATES, INC.'$ Direct Expens~ shah be Ihoc, e co, ts incurred on or directly for fl~e CLIENT'S Project. including but not limited to nece~ary ~n co, ts including mileage at ~N & ASSOCIATES, INC.'s cuncnt ra~ when its automobile~ arc used. basis of actual charges plus five percent when fmnishcd by conunetcial soutc~ and on thc basls of usual commercial ~ ~ ~ ~ KITI'ELSON & ASSOCIATES, INC. 5. Ou~ide Services: When technical, profe~ional, or clerical set-vices a~ provided by an outside source, when approved by CI2F24T, an additional five pewent shall be added to the co~t of fl~se seodces for KH'I'E~ON & ASSOCIATI~, INC.°s ~Lm]ni~aliv~ 6. Cost F_Cdmate: Any cost esfimate~ provided by ~ON & ASSOCIATES, INC. will be on · b~tsis of experience and judgement, but since it has no control over market conditions o~ bidding procedur~ KI-I-I-I:~SON & ASSOCIATES, INC. cannot warrant ~hat bids or ultimate consUucfion co~t~ will not ?. Pwfe~ional Standards: KITTELSON & ASSOCIATES, INC. shall be re~ix~ible, to the level of competency currently maintained by othex practicing 8. Temfination: FAtl~ c~ naNT or IoTrIR.SON & ASSOKXATE$, INC. may mmina~ ~ Aufl~orizafioo by giving 30 days written notice to the o~er patty. 9. Atbitratioo: All claims, di~'lmtea, and other malte~ in que~ions a~-~ng °ut °f, °~ mln~n~ ~°' this Auth°dzati°n °~ th~ bt~ch ~f mY ~ ~ bY aeoiUafion in ~dance with the mle~ of ~he American Ad~ittation A~x/afion then ob~i-ln_~. Ei~aer CLIENT or Krrl~-~ON & ASSOCIATES, INC. may initia~ ~ reqnest for such arbitration, but consent of the other pan. y ~o suc~ in. ocedm~ shall be ~o~. No arbitration ar~ing out of, or reJntlng to this Authorimion may include, by eonsolidation, joinder, or in any mher manner, any ~iditional linty not · patty to ~ Authodmiom 10. Lefial Expense~: In the event legal action i~ brought by C~IENT or KI-I-I't/d..SON & ASSOCIATES, INC. ~gnin~t fl~e othe~ to enfot-ce any of hhe obligation~ het'eHIldec or ILrising ~ of ally dispo~ ~mcernin_.~ file terlt~ ~td cooditio~ hereby cay. areal, the losillg plu~ ~ pay the [}l~-va~ing pat~ ~uch amounts for fees, costs and expense~ as may be set by the court. 11. Payment to KHTELSON & ASSOCIATES~ INC.:. Monthly invoice~ will be ir, sued by KITTELSON & ASSOCIATES, INC. for aH wo{k pedormed in exce~ of th~ ~ amount undec file tet'm~ of this ngreemenL Invoice~ a~e due and payable within 30 days of receipt. Interest at the rate of 1.5 percent per month will be charged on nil lmst=due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. 12. Limitation of Liability: KITYELSON & ASSOCIATES, INC.'s liability to the CLIENT for any cause or combination of caus~ is, in the nggt~-gate, limited to an amount no greater than the fee earned under ~ Agt~ment. Approved for CLIENT Accepted for KITrELSON & ASSOCIATES, INC. By. Title: Title: Principal MEMO TO: FROM: SUBJECT: DATE: City Council through the City Administrator Public Works Program Manager ~ ~:~ Professional Services Agreement for Work Involving the City's Elevated Water Storage Tanks January 19, 1994 1OD RECOMMENDATION: Approve the attached resolution authorizing the mayor to sign an agreement with Murray, Smith & Associates, Inc. to provide professional engineering services involving required work on the city's elevated water storage tanks in the amount of 914,600. BACKGROUND: Periodically the large city water tank must be inspected to determine its safety with regard to structural integrity~nd effectiveness of its outside coatings. Work will be required to implement the recommendations of the inspection, paint the exterior, and also to clean and coat the interior of the tank. The tank was last painted in 1988. The smaller tank will be utilized to provide water pressure while the larger one is out of service. The work will also include plans and specifications for demolition of the smaller 60,000 gallon tank. This tank was constructed in 1912. It is small and currently has leaks. The foundations are deteriorating and its future structural integrity is questionable. The demolition work will be done after work has been accomplished on the larger reservoir. The consultant will also provide assistance during the bidding and construction process. The work is needed at this time and the resolutiOn authorizing the mayor to sign the professional services agreement on behalf of the city should be approved. RR:Ig STORTANK.CC COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH MURRAY, SMITH AND ASSOCIATES, INC. 1OD WHEREAS, the City of Woodburn needs to inspect and obtain recommendations on repair and painting of the city's 750,000 gallon elevated reservoir, and WHEREAS, the city needs plans, specifications, and estimates for the recommended repairs and painting of the reservoir as well as for the demolition of the adjacent 60,000 gallon elevated reservoir, and and WHEREAS, the city may need assistance during bidding, award, and construction, WHEREAS, Murray, Smith & Associates, Inc. has been identified as a consultant capable of providing the services necessary to the city, NOW, THEREFORE THE CITY OF WOODBURN RES'OLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with Murray, Smith & Associates, Inc. to provide professional services as a consultant in preparation of recommendations, plans, and construction assistance for proposed work on the city's elevated water storage reservoirs which is attached as exhibit "A" and by this reference incorporated herein. Section 2. That the Mayor is authorized to sign said agreement on behalf of the City of Woodburn. Approved as ,o ,orm."~ .~/~~ City Attorney Date APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. MURRAY, SMITH & ASSOCIATES, INC. STANDARD PROVISIONS OF AGREEMENT FOR ENGINEERING SERVICES 1OD The Owner (s~me as 'ClienC) and the Engineer agree that the following provisions shall be a part of their agreement: Assignment of Contract- Neither the Owner nor the Engineer shall assign its interest in this Agreement without the written corment of the other. e Informaffon Provided by Owner- In order to facilitate the work to be performed by the Engineer, the Owner shall furnish to the EngJnecr all information available to the Owner having a be_o_ring on the work. It may be necessary during the work of the Er~neer to locate and expose underground utilities and/or structures. The Owner shall cause such excavation and incidental work connected therewith to be done at no cost to the Engineer. The Owner sb_~ll provide the Engineer all labor, equipment and materi~l.~ to assist in accomplishing system operations ff so required. e Owner to Provide Legal Access - The Owner sb~l! provide to the Engineer or the Engines representatives legal access to the properties which are nccessary in performance of the work. Owner sb~]l provide access for the Engineer to these properties for the m~king of measurements and obtaining details for work to be performed by the Er~neer. e Opinion of Construct/on Cbsts - Any opinion of the construction cost prepared by the Engineer represe, nt~ judgment as a design professional and is supplied for the general guidance of the Owner. Since the Engineer has no control over the cost of labor and m~teri_~l.% or over the competitive bidding or market conditions,....the Engineer does not g~mrantee the accuracy of such opinions as compar~l to contractor bids or actual cost to the Owner. -: e Paynumts - Monthly invoices will be issued by the Engineer for all work performed under this Agreement. Invoices are due and payable on receipt. Interest at the rate of 1-1/296 per month will be charged on all pact-due amounts starting 30 days after date of invoice~ Payments will first be credited to interest and then to principal. Miscellaneous Project Related Fees - The Owner sb~]l pay the costs of checking and inspection fees, zoning and annexation application fees, assessment fees, soils engineering fees, soils testing fees, aerial topography fees, and all other fees, permits, bond premiums, title company charges, blueprints and reproductions, and all other charges not specifically covered by the terms of this Agreement. 2/92[s] 1 of 3 Standard Provisions of Agreement for Engineering Services EXHIBIT "A" 10. Stand_o_rd of Practice - In the performance of professional services, the Engineer will use that degree of e~__re and skill ordinarily exercised under similar circumstances by reputable members of the engineering profession practicing in the same or similar locations and no other warranties, expressed or implied, are made or intended in any of the Engineer's proposals, contracts, or reports. Termination of Agreement - The Owner may terminate this Agreement by giving the Engineer written notice of the abandonment or indefinite postponement of the project. If any portion of the authorized work covered by this Agreement and begun by the Engineer shall be abandoned, unre_~__sonably delayed or indefinitely postponed, the Engineer may terminate this Agreement. Whether or not terminated, the Owner sb_~ll pay the Engineer for the services rendered in connection therewith prior 'to written notice of such abandonment, delay, or postponement, payment to be based insofar as possible on the amounts speaifically established in this Agreement, or, where the Agreement ea_nnot be applied, on the basis of the Engineer's current hourly billing rotes plus Unau_thorized Reuse of Documents - All reports, phzns, speci_'fications, field data, field notes, laboratory test data, calc~_flations, es~rn~te~ and other documents prepared by the Engineer as instruments of service shall rew_airz the property of the Er~neer. Reuse of any drawings, speei_'fications and other work product of the Engineer by the Owner on extensions of this project or any other project withvout written permi-~sion of'the Engineer shall be at the Owner's risk and the Owner ~ to defend, indemrlify and hold harmless the Engineer from all d~im-% _rlam~_.~es and expenses arising out of such unauthorized reuse by the Owner or by other's acting through the Owner. De/ays - All agreements on the En~neer's part are contingent upon, and the Enginedr sb_~ll not be responsible for damsges or be in default or be deemed to be in default by reason of delaFs in performance by reason of strikes, lockvouts, accidents, ~}..cts of God and other delays unavoidable or beyond the Engineer's reasongble ~ontrol, or due to shortages or unavafla' bility of.labor at .es, tablished area wage rate or delays caused by failure of the Owner or Owner's a~ents to furnish information or to approve or disapprove the Engineer's work promptly, or due to late or slow, or faulty performance by the Owner, other contractors or governmental agencies, the performance of whose work is precedent to or concurrent with the perfo _finance of the Engineer's work. in the c~__._=e of the happening of any such cause of delay, the time of completion shall be extended accordingly. 1OD 2/92(s) 2 of 3 Standard Provisions of Agreement for Engineering Services 11. 12. 13. 14. 15. 16. Limitation of Liability - The Owner and the Eng/neer have discussed the risks, rewards and benefits of the project and the estimated fees for services. The risks have been allocated such that the Owner agrees that to the fullest extent permitted by law, the Engineer's total liability to Owner for any and all injuries, c~ims, losses, expenses, damages or el_~im.q expenses arising out of this Agreement from any cause or causes, shall not ex~czl the total amount of $50,000.00 or the mount of the project enginecfing fee, whichever is greater. Such causes include but are not limited to the Engineer's negligenee, errors, omissions, strict liability, breach of contract or breach of warranty. Dispute Resolution - All claims, di.qputes or controversies arising out of, or in reJation to the interpretation, application or enforcement of this Agreement shall be decided through mediation as adopted and described by the American Arbitration Assoe_-iation. The parties further agree that the Owner Will require, as a condition for participation in the project and their agreement to perform labor or ~xvices, that all contractors, subcontractors, and materialpemons and their insum~ and sureties shall agree to this procedure. Services Exclus~b~for Owner- Services provided within this Agreement are.for the exclusive use of the Owner. Surv/va/- All obligations afl.sing prior to the termination of this Agreement and all provisions of this ~men. t allocating responsibility or liability between the Client and the Engineer shall surdve the completion of the services hereunder and the termination of this Agreement. Severab///ty- The Client and the Engineer have entered into this Agreement of their own free will to communicate to one another mute_m! understa_ndings and respons..ibilities. Any element of this ~ent later held to violate a law or reg, lation shall be deemed void, and all remaining provisions shall continue in force. However, the Client and the Engineer will in good faith attempt to ~. replace.an '.invalid or unenforceable provision with one that is valid and enforceable~ and which comes as close as possible to expressing or a...ehieving the intent of the original provision. In the event that an invalidated/Srovision would otherwise have required the Client to compensate the Engineer, as to honor an indemnification or for any other reason, the amount of money in question shall automatically be considered an additional fee due to the Engineer; irrespective of the invalidity of the provision in question. Extent of Agreement - There are no understandings or agreements except as herein expressly stated. 1OD 2/92[s] 3 of 3 Standard Provisions of Agreement for Engineering Services Task 1.1 1.2 1.3 1.4 1.5 SCOPE OF WORK I - Reservoir Inspection Conduct an inspection of the 760,000 gallon elevated reservoir in accordance with AWWA Standard D101, Part A. Measure the dry film thickness (DFT] of the existing coating system using a magnetic gage. Collect samples of the existing paint and analyze for the presence or absence of lead. Prepare a report in accordance with AWWA D101 and include a sommnry of the recommended repair, malrltexlance and painting work as well as an estimate of the cost of such work. Prepare an estimate of the cost of demolition of the adjacent existing 60,000 gallon reservoir. Include in the report a discussion of the potenti~l need for futm cathodic protection of the reservoir. Review the advantages and disadvantages and m~ke a recommendation. (Implementation of any recommended work should be by a cathodic protection contractor experienced in facilities such as this.) Submit five copies of the final report summarizing the results of the work in this task and review with C/ty .,staff. 1OD Task 2 - Plans, Specifications and Es_~_'mates 2.1 Prepare plans and speoi_'fications for the recommended repair, w_~intenance, and painting work on the 760,000 gallon reservoir and demolition of the existing 60,000 gallon resewgoir. The plans w/ll consist priw_arily of a site and vicinity plan and as-constructed drawings ff available from the City. Some detailed dr~.wings may be required for minor work items. The work to be designe~i ar/d spec/fled on the l_~rger reservoff is anticipated to consist of complete reservoir painting{interior and exterior) and minor repair improvement items primarily related to worker ,safety improvements. Excluded from this scope is cathodic protection and items such as major structural work, foundation work, or other slmilnr major repair work. 2.2 Prepare a construction cost estimate for the work designed under this task. 2.3 Submit a draft contract document package suitable for bidding to the City for review and revise as requested. 2.4 Print and bind up to 20 copies of the contract documents and deliver to City. Task 3 - Bidding and Award 3.1 Assist the City as requested. Respond to bidder inquiries during the bid period. Prepare addenda if necessary. Review bid results and make a contract award recommendation. 1OD Task 4 - Services During Construction Under this ta-qk, limited scope services will be performed during construction. It is assumed that City staff will perform the contract administration work and MSA will provide support to City staff as requested. The scope of these services is proposed to be as follows: 4.1 Attend preconstruction conference. 4.2 4.3 4.4 4.5 Review and approve submittals required of the contractor. Perform periodic site visits to inspect the work. It is anticipated that up to 80 labor hours will be provided for this inspection work. Prepare inspection reports documenting visits and obserwafions. Submit to City. Advise staff on amount of progres~ payments to be made to contractor. Conduct final inspection of the work and make recommendation to the City for FEE SUMMARY 'Pask Description Fee 1 2 3 4 Reservoir Inspection mans, Specifications & Estimates Bidding and Award Services During Construction Total $ 1,750.00 $ 5,500.00 $ 500:00 $ 6,800.00 $14,600.00 MEMO IOE TO: FROM: SUBJECT: DATE: City Council through the City Administrator Public Works Program Manager ~ ~ Letter of Agreement with Clackamas County for Wastewater Facilities Study January 18, 1994- RECOMMENDATION: Approve the attached resolution authorizing the Mayor and City Recorder to sign, on behalf of the city, a letter of agreement with Clackamas County which formalizes their participation in the Pudding River Basin Service Provider Study. BACKGROUND: The Woodburn City Council agreed nearly a year ago that a regional approach to wastewater issues be investigated. As a result of council discussion, twelve jurisdictions, including the City of Woodburn and Clackamas County, agreed to participate in and fund a joint project entitled: Pud. ding River Basin, Service Provider Study. The council on November 22, 1993 approved Resolution 1204 which entered into an agreement with Gordon L. Merseth, P.E. to perform the study. The Clackamas County Commissioners have requested that the city enter into a letter of agreement to formalize duties involved in the project and the county's cost participation. The county has prepared the letter of agreement. Staff recommends that council approve the attached resolution entering into the letter of agreement with the county. RR:Ig LTRAGREE.CC COUNCIL BILL NO. / 5/~ RESOLUTION NO. A RESOLUTION ENTERING INTO A LETTER OF AGREEMENT WITH CLACKAMAS COUNTY FOR COMPLETION OF A PROJECT ENTITLED: PUDDING RIVER BASIN AREA, SERVICE PROVIDER STUDY AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. IOE WHEREAS, The Woodburn City Council agreed nearly a year ago that a regional approach to wastewater services be investigated, and WHEREAS, Twelve jurisdictions, including Clackamas County, agreed to participate and fund a project entitled: Pudding River Basin Area, Service Provider Study, and WHEREAS, The Woodburn City Council approved Resolution 1204 on November 22, 1993 authorizing entering into an agreement with Gordon L. Merseth, P.E. to prepare the service provider study, and WHEREAS, It is in the best inter, est of the city to formalize with Clackamas County their participation and cost sharing responsibilities for preparation of the service provider study, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into a letter of agreement which is attached as Exhibit "A" and by this reference incorporated herein with Clackamas County for completion of a project entitled: Pudding River Basin, Service Provider Study. Section 2. That the Mayor and City Recorder are authorized to sign said agreement on behalf of the City of Woodburn. Approved as to form:~/~ ~ ~ / ~O/. City Attorney Date APPROVED: Len Kelley, Mayor Page 1 - COUNCIL BILL NO. RESOLUTION NO. CL CKR S CO N_T_V ..... LETTER OF AGREEMENT 1OE Department of Utilities People serving people with PRIDE HELEflE K. LICHTMAN DIRECTOR December 30, 1993 Frank Tiwad, P.E., Director City of Woodbum Public Works 270 Montgomery Street Woodbum, Oregon 97071 RE: Study for Pudding River Basin Area Wastewater Service Dear Mr. Tiwari: This Letter of Agreement shall serve as a legally-binding document between the TRI- CITY SERVICE DISTRICT, a County Service District, acting by and through its Governing Body, the Board of Commissioners of Clackamas County, Oregon, hereinafter called "District", and the CITY OF WOODBURN, a Political Subdivision (~f the State of Oregon, acting by and through its City Council, hereinafter called "City", for completion of the project entitled: puddin,q River Basin Area Service Provider Study.. The City has requested, and the District has agreed, to participate in and contribute monies to the study, therefore, the District and the City agree as follows: 1.2 1.3. CITY OF WOODBURN'S DUTIES Request proposals from pdvate industry for completion of general and specific tasks relating to the study. Invite and permit the District to participate in the interview and selection process of Consultant. Consider the District's recommendations in selecting the Consultant. Enter into an agreement with the selected Consultant for the performance of professional services specified in the City's Request for Proposals, the Consultant's submitted Proposal, and tasks specified by the District for completion of the study. The City shall be responsible to ensure that the Consultant, Consultant officers, Consultant agents, and Consultant employees perform their duties under this Agreement in conformance with the Public Contract Laws of ORS Chapter 279, the Worker's Compensation Law and any other law, ordinance, and regulation. EXHIBIT "A" 902 Abernethy Road · Oregon City, OR 97045 · (503) 650-3323 · FA,X '(503) ~5D-3026 December 30, 1993 Page 2 IOE 1.4. 1.5. 2.2 It shall be the City's responsibility to inform the District as soon as it is apparent that conditions have changed requiring modification to the contract between the City and the Consultant. This includes anything encountered in field investigations, research, or preliminary conclusions from studies. The City shall notify the District in writing if this is the case and upon concurrence by the District this written notification shall become part of this Letter of Agreement. The City shall submit a billing to the District in the form acceptable to the District. The billing shall be submitted to the District after the Consultant has submitted, and the District has accepted, the technical report due at the end of each major task listed in the City's Request for Proposals. Each billing shall be for not more than $2,500.00 TRI-CITY SERVICE DISTRICT'S DUTIES The District shall provide monies (not to exceed $10,000.00) as its contribution to the study for completion of tasks listed in the City's Request for Proposals, the Consultant's Proposal, and specific tasks required by the District. In accordance with the terms and conditions of this Letter of Agreement, the District shall pay the City at the times and in the manner specified in item 1.5. Such paYment shall be within 30 days after receiving the billing from the City. 3,2. GENERAL PROVISIONS City shall ensure all work performed by Consultant shall be performed according to the terms and conditions of the City's request for Proposals, the Consultant's Proposal, and tasks specified by the District for completion of the study. This Letter of Agreement may be terminated by either party upon 21 days written notice in the event of substantial failure to perform in accordance with the terms of this Letter of Agreement by the other party through no fault of the terminating party. If this Letter of Agreement is terminated, the City shall be paid for services performed by the consultant to the date of termination specified in such notice. Such payment shall not exceed $2,500.00. December 30, 1993 Page 3 IOE 3.3, 3,4, 3.6, 3.7. 3,8. This Letter of Agreement may be amended only by written instrument signed by both the City and the District. Written and signed amendments shall automatically become part of the Support Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions to be · mutually complementary and supplementary. This Letter of Agreement shall be governed by the law of the State of Oregon. In the event any provision of this Letter of Agreement shall be held to be invalid and unenforceable, the remaining provision (s) shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition, or covenant shall not be construed by the other party as a waiver of a subsequent breach by the other party. Nothing contained in this Letter of Agreement shall create any contractual relations between the District and the Consultant. The monies agreed to be paid by the District to the City are based upon a preliminary cost estimate of the study costing $36,000.00, and this cost shall not be exceeded without written c_.~nsent of all participating parties. Should the study cost less than $36,000.00, the. contribution by the District shall be reduced by the same percentage as the actual cost to the estimated cost. Notices relating to this Letter of Agreement shall be given to: 1. To the District: Bruce W. Erickson, P.E. Clackamas County Department of Utilities 902 Abemethy Road Oregon City, Oregon 97045 2. To the CitY: Frank Sinclair, POTVV Superintendent 2815 Molalla Road Woodburn, Oregon 97071 December 30, 1993 Page 4 IOE This Letter of Agreement is hereby made and agreed to by the principal parties, and shall be binding upon the heirs, executors, administrators, successors and assigns of the principal parties. Executed by the parties this CLACKAMAS COUNTY BOARD OF COMMISSIONERS, Governing Body of TRI-CITY SERVICE DISTRICT day of CITY OF WOODBURN CITY COUNCIL Chair Len Kelley, Mayor Commissioner Commissioner City Recorder RECOMMENDED BY: He'lone Lich{~nan, Director Clackamas ,County Department of Utilities APPROVED AS~O FORM: APPROVED AS TO FORM: City of Woodbum Legal Counsel 1OF COUNCIL BILL NO. / ~"~/,~ RESOLUTION NO. A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE STATE OF OREGON DEPARTMENT OF GENERAL SERVICES FOR PURCHASING. WHEREAS, the City has in the past contracted with the State of Oregon Department of General Services to enable the City to take advantage of State purchasing services, and WHEREAS, it is in the interests of the City to formalize said agreement and continue said agreement, NOW, THEREFORE, Section 1. That the Mayor and City Administrator are authorized to sign on behalf of the City the 1994 Cooperative Purchasing Agreement with the State of Oregon, General Services Division. Section 2. That said agreement is attached hereto and, by this reference incorporated herein. D~ '~'~ Approved as to for City Attorney te APPROVED: LEN KELLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. 1OF STATE OF OREGON COOPERATIVE PURCHASING PROGRAM CINDY MUSGROVE PROGRAM COORDINATOR DEPARTMENT OF ADMINISTRATIVE SERVICES PURCHASING DMSON 1225 FERRY STREET S.E. SALEM, OREGON 97310 (503) 378-4650 D2. Is restricted so that on dissolution it must distribute its assets to (must be one of the following) 1 OF An organization organized for a public or charitable purpose; A religious corporation; The United States of America; A state of the United States of America, or A person who is recognized as exempt under section 501 (c) (3) of the Internal Revenue Code of 1986; IS NOT a "religious corporation" as defined in ORS 65.001(33). Submit a letter from the State or Local government agency confirming your contract with them. The letter must be on agency letter head and contain all the following information: a. Scope of contract, what service is being provided. b. Contract number c. Starting and expiration dates of contract. d. m Contract Administrator (State or Local Government) must verify that the contract is funded by State funds in part or in whole. e. Contract Administrator's (State or Local Government): name, original signature, mailing address & telephone number. cindy~cpqual.doc PROGR.~M QU.aJ~IFICATIONS 1 OF Thank you for expressing an interest in participating in the Cooperative Purchasing Program. So that your organization may participate in the program it must meet one of the following qualifications. Mark the qualification, A, B, C or D, that best describes your organization and submit the requested documentation with the signed Cooperative Purchasing Agreement. My organization CITY OF W00DBURN is a: Division or unit of local government having separate autonomy stich as Oregon counties, cities, munidpalities or other public corporate entities having local governing authori~. A United States governmental agency or American Indian tribe or agency. Be __ Qualified nonprofit agency for disabled individuals panidparing in the program set forth in ORS 279.820 to 279.850. If your organization meets qualification B it must be certified as a Qualified Rehabilitation Facility with the Purchasing Division's Special Programs Coordinator. Information regarding certification is available by calling 373-1250. Co Residential program under contract with the Department of Human Resource (Dill[) or a division thereof to provide services'to youth in the custody of the state. If your organization meets qualification C provide us with a letter fi.om DHR. or division thereof confirngng your contract with them. 'lite letter must be on agency letter head and contain the following information: Scope of contract, what service is being provided. Contract number Starting and expiration dates of contract. State Contract Administrator's, name, original signature, mailing address & telephone number. Public benefit corporation "as defined in ORS 65.001 that provides public services either under contract with a state agency, as defined in ORS 171.133, or under contract with a unit of local government, as defined in ORS 190.003, that funds the contract, in whole or in part with state funds." * To qualify under qualification D, your organization must meet the requirements listed in D1, D2, D3 and must submit to us required information in'D4. D1. Is an active status Domestic, Nonprofit Corporation which is (must be one of the following): Formed as a public benefit corporation pursuant to ORS 65.044 to 65.067; Designed as a public benefit corporation designated by statute; Recognized as tax exempt under section 501 (c) (3) of the Internal Revenue Code of 1986 or Otherwise organized for public or charitable purpose in accordance with its articles of incorporation and bylaws; Qualification D continues on the back of this page. 1OF COOPERATIVE PURCHASING AND ADVERTISEMENT AGREEMENT ? This Cooperative Purchasing Agreement ("Agreemem") is entered into pursuant to ORS 190.110, 190.240, 279.855 and 656.753 (2) by and between the State of Oregon, acting by and through its Department 0f Administrative Services (DAS), Purchasing Division ("State"), and a Qualified Non-State Agency ("Qualified Agency"), as defined in ORS 190.003, 190.110 (1), 190.240, 279.855 (1) through (3) or 656.005 (24) and 656.752. Purpose: The State allows Qualified Non-State Agencies which cater into Cooperative Purchasing Agreements to participate in the State's Cooperative Purchasing Program ("CPP"). Qualified Agency desires to participate in the CPP and therefore enters into this Agreement with State. It is understood that Qualified Agency's execution of this Agreement and payment of the program administration fee allows, but does not obligate, Qualified Agency to use the CPP services provided by the State. Term of Agreement: This Agreement, which is effective as of the date it is signed by the State, shall remain in effect for one year f~om t3e effective date and, unless renewed, shall terminate on DECEMBER 31, .1994 Agreement Renewal: This Agreement may be renewed for one-year extension periods upon mutual agreement of the State and Qualified Agency. Notice of intent to renew shall be submitted in writing to the State's CPP Coordinator at least 30 days prior to the termination date set forth in paragraph 2, above. Responsibilities of the State: Upon the Qualified Agency's execution of this Agreement and payment of the program administration fee, the State shall: VIP Support Software: Provide Qualified Agency with custom telecommunications software that will 'allow Qualified Agency access to the State's Vendor Information Program (VIP).. Bo Price Agreement Purchases: Authorize Qualified Agency to place orders with contractors on State price agreements using Contract Release Order (CRO) forms. The State will provide contractors with a list of Qualified Agencies authorized to purchase from price agreements. Procedure: Assign CR0 forms and purchase request forms to Qualified Agency. Additional forms are available fi-om the State upon request. Purchase Request Purchases: Issue solicitation documents (Invitations to Bid or Request for Proposals) upon receipt of a Purchase Request. (Issuing solicitation documents consists primarily of the State preparing an Invitation to Bid or Request for Proposal that complies with Oregon's public purchasing statutes and rules, placing the document on the State's VIP system, and administering the procurement process.) The Purchase Request must have an estimated value of more than $25,000 and must specify in detail the goods or trade services desired. The State will issue solicitation documents Cpp, page 1 1OF Fo Bo Co upon receipt of a Purchase Request only if doing so will not result in duplication of existing State price agreements fi-om which the Qualified Agency is authorized to purchase. Upon request of the Qualified Agency, the State will assist in other aspects of the procurement process, such as bid or proposal evaluation and bid or proposal preparation for Qualified Agency award recommendation (Reference Fee Schedule B). Contracts shall be awarded to the lowest responsive, responsible bidder, or the best proposer, as appropriate, in accordance with the provisions of(i) the Oregon Revised Statutes CORS"), particularly chapter 279, and Cfi) the Oregon Administrative Rules ("OAR"), particularly chapters 125 and 137. Following contract award, Qualified Agency shall be responsible for all matters of contract administration, such as but not limited to: inspection of goods, supervision of trade services contractors, and compliance with or enforcement of manufacturer or contractor warranties. User and Vendor Information: Information that (i) will allow Qualified Agency to transfer (upload) its ITBs and RFPs to the State's VIP system; (ii) on how to promote the use of the VIP system to the vendor community. Automated Billing - Solicitation (Bid) Advertisment: Provide detailed documentation supporting each State invoice, identif36ng the actual solicitations 0TBs and RFPs) transferred to, and advertised on the VIP system. This information will accompany each monthly invoice. Responsibilities of the Qualified Agency: During the term of this Agreement, (~_,alified Agency shall: Price Agreement Purchases: Complete and send to State, by the 10th day of each month, a monthly CRO Register, together with all blue copies of CRO's reporting purchases made from State price agreements during the preceding month. Negotiation: Pursuant to OAR 137-30-090(5) and 137-30-105, relating to State procurement and contracting, Qualified Agency agrees not to use prices on State price agreements and purchase request procurements, or either of them, in an attempt to negotiate more favorable prices fi.om contractors. Contractor prices on State contracts shall not be used for negotiation or any purpose other than purchases made in accordance with this Agreement. Solicitation Advertisement: Transfer (upload) solicitations (FIBs and RFPs) information in a form and according to the process identified by the State. Responsibility for Content and Substance: Take full and complete responsibility for the content and substance, as well as the grammatical and textual quality, of the solicitation information transferred to the VIP system. CPP, page 2 1OF CPP, Consideration: There is a cost for services provided by the Cooperative Purchasing Program. The Qualified Agency shall pay to the State an annual, non-refundable, program administration fee in the amount of $150 upon execution of this Agreement and on each yearly anniversary thereafter while this Agreement remains in effect. There are additional "Service Charges" based on actual service usage. Service charges for (i) individual purchases from price agreements and (ii) solicitation document development and procurement administration (iii) advertisement of Qualified Agency rrBs and R_FPs will be invoiced at the end of each month according to Fee Schedules A, B and C. Service charges are due and payable within 30 days of the date of the invoice. Past due accounts may result in assessment of late payment charges at the rate of eight percent (8%) per annum. Note: The State reserves the right to change the Fee Schedule at any time, subject to the requirement to provide Qualified Agency with at least 30 days prior written notice. Fee Schedule A - Individual Usage of State's Price Agreements Value of Contract Release Order $ 0.00 to 199.99 $ No Charge $ 200.00 to $999.99 $ 20.00 $1,000.00 to $ 4,999.99 $ 50.00 $ 5,000.00 to $ 9,999.99 $ 75.00 $10,000.00 to $ 49,999.99 $ 100.00 $ 50,000.00 to $ 99,999.99 $ 150.00 $100,000.00 to $499,999.99 $ 300.00 $500,000 and over $ 500.00 Fee Schedule B - Solicitation Document Development Invitations to Bid/Preparation for award recommendation - $300.00 * Invitations to Bid/Combining State and Qualified Agency purchase requests - up to $300.00 * Requests for Proposal- $300.00 to $500.00 * Proposal Evaluation/Preparation for award recommendation - $25.00 per hour. * Each request will be evaluated for its complexity and estimated time involvement. Fee Schedule C - ITB/RFP Advertisement (i) Qualified Agency shall'pay $45.00 for each ITB and RFP transferred (uploaded) to the VIP system if the estimated contract price is equal to or greater than $25,000; (ii) Qualified Agency shall pay $25.00 for each ITB and RFP transferred to the VIP system if the estimated contract price is less than $25,000. page 3 1OF 10. 11. 12. Termination: This Agreement may be terminated by either State or Qualified Agency upon 30 days' written notice. No such termination shall prejudice any rights or obligations of either party already accrued prior to the effective date of termination. Hold Harmless, Indemnity: Qualified Agency shall defend, hold harmless and indenmify State, its divisions, officers, employees, agents and members fiom all claims, suits, or actions of whatsoever nature resulting from or arising out of the acts or omissions of Qualified Agency, or its officers, employees, agents or subcontractors, under this Agreement. Successors in Interest, Assignment: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Neither party shall assign or transfer its interest in this Agreement without the prior written consent of the other. Public Use: Qualified Agency represents and warrants that all purchases made through the CPP shall be for public use and benefit only. No goods or services may be devoted to, or resold for, pe/'sonal use or profit. Limitation of Liability: Qualified Agency understands and agrees that the State makes no representation or warranty regarding the suitability, durability, merchantability or fitness for a particular purpose of any goods or services available through this Agreement. Qualified Agency agrees that the State shall not be subject to any claims, actions, or liability arising out of or in any way related to any defect, malfunction, or damage of any nature arising fiom or related to goods or services obtained from contractors through this Agreement. Further, the State shall not be liable for any direct, indirect, incidental or consequential damages sustained by Qualified Agency and arising out of or in any way related to goods or services obtained from contractors through this Agreement. Authorized Agents: Qualified Agency agrees to (i) provide State a list of all persons authorized o · ns! to sign Purchase Requests on behalf of the Qualified Agency, including samples of such perso signatures, and (ii) immediately inform State of any change in authorized agents. Applicable Law, Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. Qualified Agency agrees to comply with all laws, rules and ordinances applicable to this Agreement, including but not limited to, ORS 279.312, 279.314, 279.316 and 279.320. In the event of any litigation between the State and Qualified Agency arising out of or related to this Agreement, such litigation shall only be commenced and maintained in the Circuit Court of Marion County in Salem, Oregon. CPP, page 4 14. 15. MERGER: THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN ~ PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OR PROVISIONS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. Signatures: Each party, by the signature below of its authorized representative, hereby acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Each person signing this Agreement represents and warrants to have the authority necessary to execute this Agreement. NON-STATE AGENCY D.A.S. PURCHASING DIVISION Signature: Signature: Name: MAYOR LEN KELLEY Name: Title: Title: Date: Date: AGENTS AUTHORIZED TO SIGN PURCHASE REQUESTS ON BEHALF OF THE QUALIFIED NON-STATE AGENCY Signature: Signature: Name: CHRIS CHILDS, CITY ADMIN, Name: NANCY GRITTA= FINAN£F DIDFC. TOR Signature: Signature: Name: G.S. FRANK TIWARI Name: KENNETH WRIGHT, POLICE CHIEF PUBLI'C WORKS DIRECTOR Signature: Signature: ' Name: MARIANNE WOLF Name: '~'NEVIN HOLLY 9-1-1 DIRECTOR '-PARK'& RECREATiON'DIRECTOR IMPORTANT - COMPLETE THE INFORMATION FORM ON THE NEXT PAGE CPP, page 5 1OF INFORMATION FORM AGENCY NAME: ADDRESS: CITY OF WOODBURN 270 MONTGOMERY STREET WOODBURN, OR 97071 FAX# 982-5244 982-5217 Person responsiblefor Comra~ Release Order Forms TEL. # 982--5217. FAX# 982~244 JEAN DEEN, PURCHASING Conta~ person foraccountspayableiSsues KAREN HALTER, ACCOUNTS PAYABLE TEL.# 982~5219 FAX.#. 982-5244 LIST ALL DIVISIONS OR sEcTIoNS IN YOUK AGENCY AUTHORIZED UNDEK THIS AGREEMENT PUBLIC WORKS (STREET, WATER, WASTEWATER, ENGINEERING, PLANNING, BUILDING, CODE ENFORCEMENT) POLICE DEPARTMENT FINANCE DEPARTMENT 9-1-1 COMMUNICATIONS PARK AND RECREATION PUBLIC LIBRARY ADMINISTRATION OFFICE TRANSIT/DIAL-A-RIDE Upon acceptance of your participation qualifications the State will provide communication soaware anowing you access to the VIP program. Please indicate the software disk size needed. (Check One) 5 1/4 DD 5 1/4 HI) ~ 3 1/2 DD X 3 112 I-ID Submit the following: Program qualification page, Cooperative Purchasing Agreemem completed and signed, $150.00 program administration fee and this information page. SEND TO: DEPARTMENT OF ADMINISTRATIVE SERVICES COOPERATIVE PURCHASING PROGRAM PURCHASING DIVISION 1225 FERRY STREET SE SALEM, OR 97310 8-93 cindy\cpagree.doc COUNCIL BILL NO. / :~'",,~.0 RESOLUTION NO. A RESOLUTION AFFIRMING THE DECISION OF THE WOODBURN PLANNING COMMISSION IN SUBDIVISION CASE 93-03 (WESLEY SUBDIVISION). WHEREAS, the Woodburn Planning Commission conducted a public hearing in Subdivision Case 93-03 (Wesley Subdivision), and WHEREAS, the applicant appearing in Case 93-03 appealed the matter to the Woodburn City Council, and WHEREAS, the City Council noticed and held another public hearing on the Subdivision appeal, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Woodburn Planning Commission's decision in Subdivision Case 93-03 (Wesley Subdivision) together with all conditions heretofore imposed is hereby affirmed by the Woodburn City Council. Section 2. This decision is based upon evidence in the record before the Woodburn City Council and is justified by the findings contained in the staff report which is attached hereto as Exhibit "A" and is, by this reference, inc~rporal~ed herein. I / / Approved as to form: ~ /' / ~ ~ ~/~ / ! City Attorney Date APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Len Kelley, Mayor lOG Page I - COUNCIL BILL NO. RESOLUTION NO. lOG STAFF REPORT "Wesley Subdivision" # 93-03 Property Line Adjustment 93-05 III APPLICANT: David Trapp & Associates for Wes Torah PO Box 561 Woodburn, OR 97071 OWNER: William Ehrens & Konnie Ehrens NATURE OF THE APPLICATION: The applicant is requesting a property line adjustment and preliminary approval of a 4 lot subdivision. RELEVANT FACTS: The proposed subdivision is located east of Hwy 99E, south of Laurel Ave. and north of Landau Drive. It can be identified specifically on Marion County Assessors Map as Tax Lot 1700 Township 5 South, Range I West, Section 17BD. The site is approximately .69 acres. The subject property is zoned RS, Single Family Residential. There is an existing single wide mobile home located on the property. Properties surrounding the site are zoned for single family use. Currently, Landau Drive is a substandard street which has been developed at half the required width. The applicant's statement indicates that "the reason for adjusting the property lines is to add a 10'strip of land to Wes Toran's property along the west side. This would change his property width from 110.33 feet to 120.33 feet, thus allowing for the minimum lot width of 60 feet wide for a proposed subdivision, also being applied for. This property line adjustment would then allow the proposed subdivision lots to comply with the minimum widths". lOG IV Ao "The purpose of the subdivision is to provide more lots in an already zoned single family residential zone. This subdivision complies with all items listed under the subheading A. Residential Land Development Policies in the Comprehensive Plan. It does not hinder any of these items as well. There are many subdivision in the nearby surrounding area so this would complement the surrounding usage. With only 4 lots this would not cause any problems with additional traffic. Two lots will gain access by Landau Street and two by Laurel Ave. In this subdivision an existing older type mobile home will be replaced by four new homes." RELEVANT APPROVAL CRITERIA: Woodburn Comprehensive Plan Chapter IX Goals and Policies A. Residential land development policies F. Administration and Enforcement G. Housing goals and policies H. Public services, goals, and policies I. Transportation goals and policies Chapter X The Land Use Plan D. Low density residential lands Chapter Xll Implementation of the Plan B. Subdivision and Planned Unit Development Ordinances Woodburn Subdivision Standards Chapter III section 7 and section 9 Woodburn Zoning Ordinance Chapter 5 Permits and Enforcement Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter 6 Planning Commission 7 Public Hearing 8 General Standards 9 Residential Standards 10 Off-Street Parking, Loading and Driveway Standards 19 Manufactured Dwelling Siting Standards 22 Single Family Residential 39 Mandatory Parkland Dedication or Cash-in-lieu-of. Woodburn Comprehensive Plan Staff: Applicable approval criteria have been met through the implementing ordinances of the adopted subdivision standards, zoning ordinance and any other ordinances in affect at the time of approval. The applicant has addressed the Residential Land Development Policies (A-1 through A-11 ) of the Comprehensive Plan. see attached comments concerning the Comprehensive Plan from the applicant, The proposed lot division is a subdivision in name only due to the fact the applicant is creating four lots. The proposed subdivision lots will be created within an already existing neighborhood. Each lot will have its own access on to the existing residential streets. The lots will meet the minimum lot size requirement of 6,000 square feet. 10G Woodburn Subdivision Standards Chapter III Section 7 A. Tentative plans for subdivisions shall include the following information: ae g. h. i. j. k. Name of proposed subdivision Vicinity map Subdivision plan Names and addresses in notification area Diagram of water system Diagram of sewage & storm drain system Diagram of streets and sidewalk system Legal description of subject property Name of proposed streets Lot numbers Identification of easements, parkland private utilities. dedication, and 3. 4. 5. Staff: Woodburn Subdivision Standards Chapter III Section 9 A. Plans for property line adjustments shall include the following information: 1. Vicinity map Legal description of the property Map indica~ting clearly the proposed property line adjustment Diagram of all public and private utilities Any other information so required by the planning staff The information requested has been addressed and submitted by the applicant. Attached with this application is a site plan that indicates the proposed lots and the proposed property line adjustment. Woodburn Zoning Ordinance Chapter 22 RS- Single Family Residential Staff: The site is appropriately zoned for single family development. If the applicant chooses manufactured homes over stick built homes, the new dwellings will have to meet the manufactured dwelling standards, Chapter 19, section 19.080 Chapter 39 Parkland Dedication As a condition of approval of a final plat of a residential subdivision or the issuance of a building permit for the construction of a residence, each developer or builder will be required to dedicate land for parks, or cash for the development and acquisition of parks, or a combination of both at the option of the City. Staff: The Woodburn Recreation and Parks Board has policy of requiring cash payment on new developments. lOG V VI VII COMMENTS FROM OTHER DEPARTMENTS: Planning Department Public Works Building Department Fire Department FINDINGS: 1. The applicant is requesting preliminary approval of a four lot subdivision and property line adjustment. 2. The subject property is zoned appropriately for single family development and will meet residential standards for minimum lot size. 3. The new lots will access on to Landau Drive and Laurel Ave. 4. The applicant has met the goals and policies of the Comprehensive Plan. 5. The applicant has submitted the necessary documents as required by the Subdivision Ordinance for preliminary approval of a subdivision and property line adjustment. 6. The owner will be required to a pay a Parks System Development Fee. 7. The applicant shall meet the Zoning Ordinance requirements of the City. 8. Lots one & two shall receive service and access from Laurel Ave. 9. Lots three & four shall receive services and access from Landau. 10. Both Landau Drive and Laurel Ave. shall be improved and must meet City standards before development can occur. DECISION: Based on the findings in this report, staff recommends approval of this application subject to the following conditions: 1. Provide the City with an acceptable bond or contract for improvements as required in the Woodburn Subdivision Standards, Chapter III Section 6 (4) prior to issuance of a building permit. 2. The recorded property line adjustment must be in substantial conformity with the tenative plan for the property line adjustment. lOG e Prior to any construction, a reproducible mylar of the final plat shall be filed with the Public Works Department after all required signatures have been obtained and the plat has been recorded with Marion County. On-site construction shall not commence until the improvement plans have been reviewed and approved by the Public Works Department and all right- of-way permits, system development charges in effect at the time of building permit issuance have been paid. Upon acceptable completion of all improvements to be maintained by the City, the developer shall provide the City a maintenance bond good for one year, in the amount of 10% of the improvement cost. Prior to building permit issuance the applicant shall submit one set of reproducible as-builts. Prior to building permit issuance Comply with comments as submitted by: Woodburn Public Works Woodburn Planning Depa. rtment c_.Woodburn Building Department 1:).Woodburn Fire District SITE REVIEW WESLEY ESTATES -- LANDAU DRIVE 10G GENERAL CONDITIONS: 1. Final plan shall conform to the construction plan review procedures and standards. 2. All work shall conform to the City of Woodburn standard specifications and all state building codes. 3. The subdivision shall be platted according to standard surveying practices and shall be filed with Marion County. 4, Water and sewer services for lots 1 and 2 adjacent to Laurel Ave, shall not be served from' Landau Drive as proposed, They shall be served from Laurel Ave. at such time the infrastructure is provided, STREET AND DRAINAGE: 1. Dedicate an additional ten feet of right-of-way adjacent to Laurel Ave. and 30 feet adjacent to Landau Drive. 2. The subdivision shall not be approved unless Landau Drive is improved to city standards, including 'storm sewer system, the entire length of the existing half street improvement. This could be funded through a local improvement district with the applicant taking the lead roll in getting the assessment district formed and approved; or, the applicant could acquire the additional right-of-way and fund the required improvement. e As submitted, lots I and 2 will not'be issued building permits until such time that Laurel Ave. is improved to city standards, including all the required infrastructure. This shall be so stated on the final plat. Owner to sign a non-remonstrance consent form for improvement on Laurel Ave. WATER: 1. Domestic water meters shall be placed within the Landau Drive right-of-way. 2. No water service is to be provided to lot I and or 2 from Landau Drive. 3. Fire protection requirements shall be as per the Woodburn Fire District's conditions of approval. SANITARY SEWER: 1. Lot 3 and 10t 4 shall be served from existing sanitary main on Landau. Bearing in mind this main is shallow. Each lot shall be served separately, 2. No sanitary service is to be provided to lot 1 or lot 2 from Landau Drive, NO ADDITIONAL COMMENTS AT THIS TIME. lOG Randy Scott, CE Tech III Construction Inspector RS:lg 9/28/93 LANDAU SUBDIVISION/Sll,,_]PLAN REVIEW -- PRE-APPLICATION/NOTES 10G REQUEST DATE: ?- ~'5-?G DEPARTMENT: CONTACT PERSON: Teresa Engeldinger, Planning Dept, 982-5246 TYPE OF PROJECT: PROJECT LOCATION: CONFERENCE PLACE: Conference Room Woodburn City Hall TI_ 1 700 # 75~ y~2 &~ DATE: ?-2c/, 1993 TIME: TO APPLICANT GENERAL INFORMATION have read the information sheet provided me and understand that which .is pertinent to my IISite Plan Review/Pre-Application request. All materials are to be collated and folded. Signature - Owner/Agent DEPARTMENT COMMENTS / / THE FOLLOWING IS REQUIRED AFTER PRE-APPLICATION CONFERENCE: 1) Eight. (8) copies of Final Plan must be brought into Public Works 2) "As Builts" must be provided prior to issuance of the building permit SPRPRE. FH1 MEMO TO: Teresa City of Woodburn Engeldinger, Planner FROM: Bob Benck, Fire Marshal Woodburn Fire District RE: Toran Subdivision DATE: Sept. 28, 1993 Site Plan Review Comments WOODBURN FIRE DISTRICT ACCESS: Minimum access width for Emergency Services is 20 feet with turn around provisions when length ii more than 150 feet. B. FIRE FLOW: 1000 gpm C. HYDRANTS: Hydrant within 250 feet of the proposed structure. D. SPRINKLERS/FDC:Not required E. ALARM SYSTEM: As required for intended use. F. PREMISE IDENTIFICATION: Visible from public road G. CONDITIONS FOR CONSTRUCTION :An approved water supply system must be in place and acceptable to the city prior to the beginning of combustible construction. Ho BUILDING PLANS: All buildings must comply to state, county, city codes. The plans are to be reviewed and approved by the appropriate agency for fire and life safety compliance before construction bev_ins. 1776 New[erg Highway Woodburn, Oregon 97071 MEMORANDUM John Pitt, Brian Sjothun, & Terry Williams Recreation . ,, 491 North Third Street 1Noodbum, OR 97071 (503)982-526~, TO: ~/~// T~esa Engeldinger, City Planner ~ /// / / / FRO ~/~~evin Holly, Director SUBJECT: Wesley Estates Systems Development Charges ... DATE: October 25, 1993 The four lots identified as the Wesley Subdivision are subject to the established Parks Systems Development charges. The fees for the Wesley Estates Subdivision's four homes is $339.90 each, for a total of $1,359.60. If the fees are paid after December 31, 1993 the fees will be $411.40 each for a total of $1,645.60. The Parks Systems Development fees are due at the time Building Permits are issued. The Woodburn RecreatiOn and Parks Department wishes you good luck with your development. ~'- NH:swp ~. ~ City of Woodbum Police Department 270 Montgo~~reet / Date: To: Thru: Subject: MEMORANDUM Woodburn, Oregon 97071 (503) 982-2345 January 17, 1994 Mayor and Council C, Childs, City Administrator Liquor License - Chu's Eatery (Formerly Brack's Restaurant) Applicant: Peter and Annie Chu 1390 N, Pacific Hwy, Woodburn 10H License Type: Class A Dispenser On November 29, 1993 the police department received the application for liquor license at 1390 N. Pacific Hvvy, Woodburn. Officers completed the background investigation noting that the applicants currently own two other businesses. One located in Portland and one in Mollala. Officers checked with OLCC. OICC reported that the Portland establishment received a citation in 1991 for the Bartender serving without a permit, and a Warning for serving a visibly intoxicated person. Both violations occurred at the Portland business. The were no entries for the Mollala business. During the course of the investigation no other negative items or discrepancies were noted. RECOMMENDATION: The Council approve the liquor license application for Chu's Eatery, 1390 N. Pacific Hwy. B:~COUNCIL\CHUS-APV.MEM cc. applicant OLCC Salem 1UI MEMO TO: THROUGH: FROM: SUBJECT: DATE: City Council for Council Action Public Works Director ~ Julie Moore, C.E. Tech III ~~' "No Parking" request on Alder Lane January 19, 1994 RECOMMENDATION: It is recommended that approval be made to install NO PARKING signs on the East side of Alder Lane the entire length from Linda St. to Steven St. to improve safety and increase accessibility. BACKGROUND: Residents along Alder Lane have requested NO PARKING signs be installed on the street because the street is so narrow vehicles parked on both sides of the street cause problems with emergency vehicles, garbage collection and private recreational vehicles trying to access or leave the area. Alder Lane has a 40 ft. right-of-way and a 20 ft. paved width. The Transportation and Traffic Engineering Handbook suggests roadways of 2.0 feet or less have restricted parking on both sides of the street. This is a residential area and restricted parking on one side should help alleviate most of the problems. All the residents along Alder were notified of the request and a few responded back. One wanted NO PARKING on the west side and a couple residents want NO PARKING on both sides. No one responded that they did not want NO PARKING. This is a very Iow volume residential street. The width would warrant NO PARKING on both sides but the traffic volume is so Iow that one side should help alleviate some of the congestion problems. Also, the city standard policy on parking restrictions for one side is to eliminate parking on the south and east sides of the streets. Therefore, to improve safety and increase accessibility it is recommended that NO PARKING signs be installed on the East side of Alder Lane between Linda and Steven Streets. In the future if a problem arises the west side may have to have restricted parking also. ¢.~ lOJ MEMO TO: FROM: DATE: SUBJECT: City Council through the City Administrator Assistant City Engineer, Dean Morrison, P,E, January 18, 1994 Bid award for survey equipment, RECOMMENDATION: Reject the bid of Pacific Laser of $5495.00 for not meeting required specifications. Accept the bid of Johnson Instruments of 95795.00 for a new total station, prism and prism pole. Note: the equipment will be used by the Engineering Division. Funds for the equipment are in the approved budget in account 082-830-710.010. BACKGROUND: Bids for City of Woodburn bid nUmber 94-14 for a total station survey instrument, a prism pole and a minion' single prism were opened at 10:00 am January 12, 1994. The bid results were as follows: BIDDER Pacific Laser Johnson Instruments Pacific Laser Nessco Supply Portland Precision MODEL Nikon D50 Pentax PCS-1 Nikon C 100 Pentax PCS-1 Topcon GTS-304 PRICE 95,495.00 5,795.00 6,585.00 6,660.00 6,999.00 The City specified that the minimum measuring distance be 1300 feet, have 30X magnification, 45mm aperture, 3-inch resolving power, a minimum focus of 0.85m, and a 3X erecting image. These were minimum standards for the instrument desired by the Engineering Division to accomplish minimum accuracy in-house surveying. The specifications were met by all bids except the Pacific Laser bid for the Nikon D50 which has a maximum distance measuring ability of 500 feet as well as being deficient in all other items listed previously. The Engineering Division has need to accomplish predesign surveys, site layout and boundary surveys for public works projects. The City does not currently have the equipment to manage this work. The equipment submitted for bid by Johnson Instruments would fill this need. D 104:\counbid MEMO 1OK TO: FROM: DATE: SUBJECT: MAYOR AND COUNCIL CHRIS CHILDS, CITY ADMINISTRATOR JANUARY 4, 1994 DOOR-TO-DOOR SOLICITATION BY THE AMERICAN HEART ASSOCIATION The attached communication from the American Heart Association outlines the purpose of the organization and their intent to conduct a door-to-door informational and fund raising campaign in Woodburn from February 6 - 14, 1994. Pursuant to Woodburn Ordinance 1187, non-profit organizations, such as the American Heart Association, shall, in lieu of all other application and licensing provisions of the ordinance, apply to the council for permission to canvass for funds in the city of Woodburn. Such permission shall be issued without charge. The American Heart Association is an active non-profit corporation registered with the Oregon Secretary of State. A preliminary inquiry of the Oregon Department of Justice discloses there are no reported complaints in Oregon against this organization. RECOMMENDATION: Issue permission for the American Heart Association, Oregon Affiliate, Inc. to conduct a door-to-door informational and fund raising campaign in Woodburn from February 6 - 14, 1994. kv 1425 N.E. Irving, Suite 100, Portland, OR 97232-4201 American Head Association Oregon Affiliate, Inc. 503-233-0100 1-800-452-9445 1OK July 14, 1993 City of Woodburn City Recorder 270 Montgomery St goodburn, OR 97071 De_ar City Recorder; We're gearing up for our ann, m3 Residential Neighbor-to-Neighbor Campaign, which is during our annual Heart Month, in Feb~mry 1994. ge viii have volunteers in the Voodburn area help!nE the American Be_~rt Association to reduce disability and death fm~m h~-rt clise--~e and stroke. Voltmt~rs rill b~ g~oing door-to-door to share infomtion with their neighbors about children and heart diseo~e as w~ll ~S r~eelve ¢ontTibutlon~, ~et~een~ Febmm~ 6th - 14th. The American He_~rt Association is the nation's 3~t voluntary health organization devoted to the reduction of death and caused by h~r~ attack, stoke and other c-~diovascular dise*-~e. Residential Campaign'is one of the Ameri~n Meant Associations ccadit- ional fund raising activities. ~he objec:ives are to raise funds for AHA/Oregon and distribute literature to a majority of the residential po~,l ~ tion. yOU ~ill find i copy of the AHA's t~m,~l Re~. If you ~ve ~tio~, ple~e ~ ~ to ~nt~t ~. ~-you ~or yo~ ~sistmce ~ o~ caTi~ md a wr~ ~e. I l~k fo~ to a ~cc~s~ c~ ~ yo~ c~~. Sincerely, Residential Coordinator 4~1~ Printed on recycled paper WE'RE FIGHTING FOR YOUR LIFE DIV~SIONSAJNITS: Benlon, Central Oregon, Coos. Douglas, Jackson, Josephine, Klamath. Lake, Lane, Unn, Ma~*vPdk. Mid-Columbia. Mt. Hcod, Nedh Uncdn, Portland. Redmo~J, South Lincoln. Umatil~'Morrow. Washingto~ Coun~ 15A MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator ~1~ Issues for 2/2/94 Council Workshop on 9-1-1 Agreement January 18, 1994 Attached for your review are comments and proposed revisions to the proposed Intergovernmental Agreement for Communications Services (ORS 190 9-1-1 Agency) prepared recently by the City Attorney. You will recall that the initial draft agreement was provided for your review in the Council agenda packets for both the August 9 and August 23, 1994 Council meetings. The City Attorney's evaluation of the draft agreement identifies several legal concerns for which reasonable alternative language is provided. The evaluation also points out several important non-legal policy issues which I believe should be addressed by the Council prior to any final commitment by-the city to such an agreement. Some of these policy issues will become apparent as you read the attached document. These preliminary concerns have been discussed at length by staff, but it is equally essential that Council review and discussion of these important policy issues take place. It is for that purpose that a Council workshop has been scheduled for 7 p.m. on Wednesday, February 2, 1994. In the course of the workshop Marianne Wolf, Communications Center Manager, and Kenneth L. Wright, Chief of Police, will present a staff report exploring options for policy direction in this regard. At this point, nothing is cast in stone regarding the direction in which the city proceeds on this matter. However, with the City of Woodburn being the largest of the "players", with realistically the most at stake in financial terms, we need a crystal clear picture of all of the potential benefits or disadvantages that may be realized. As noted in the August 4, 1993 staff memo which accompanied the earlier draft, the format for the proposed intergovernmental agreement was developed by the 9-1-1 User Board. The draft is intended to accomplish the creation of an independent ORS 190 agency as originally visualized and discussed at a Council workshop held on March 29, 1993. The Council further considered this matter on April 26, 1993 in the form of discussion of a letter from the User Board requesting the city's participation in the research and planning of an independent ORS 190 agency. 15A MEMO TO: FROM: DATE: SUBJECT: CHRIS CHILDS, CITY ADMINISTRATOR KEN WRIGHT, CHIEF OF POLICE MARIANNE WOLF, COMMUNICATIONS CENTER DIRECTOR ..,O,E,T SH,E S. C, A O ,.E NOVEMBER 30, 1993 COMMENTS AND PROPOSED REVISIONS TO INTERGOVERNMENTAL AGREEMENT FOR COMMUNICATIONS SERVICES I have received a formal written request from the City Administrator asking that I review the proposed Intergovernmental Agreement for Communication Services "for the purpose of determining whether this document will properly serve the city's interest from a legal perspective." Endeavoring to fulfill this request has been a project of some magnitude. Attached please find an extensive revision of the original agreement. Where appropriate, I have tried to explain the nature of the proposed textual changes. More importantly,'l have included certain comments that relate to the nature of specific sections and certain policy/legal determinations. You should, of course, remember that I am evaluating this draft in my role as legal counsel for the city. I cannot, and do not, represent the interests of the user board or any of its member entities. My revised draft and comments are as follows: INTERGOVERNMENTAL AGREEMENT FOR COMMUNICATIONS SERVICES THIS AGREEMENT is made and entered into by and between the Aurora Fire District, City of Aurora, City of Donald, City of Gervais, ~ Hubbard Fire District, City of Hubbard, ~ Monitor Fire District, Woodburn Ambulance, City of Woodburn, ~ City of St. Paul, St. Paul Fire District and Woodburn Fire District. The aforementioned governmental units are parties to the agreement arising from the hereinafter stated recitals. Ex~)/anation of Proz)osed Changes. The police agencies of the various cities are "users" but do not have legal capacity to contract. Also, Woodburn ,4mbu/ance is a private entity with the capacity to contract but it has no legal authority to create another public agency. 15A WITNESSETH: WHEREAS, the undersigned parties are desirous of establishing and maintaining a Public Safety Answering Point (PSAP) and consolidated communication center, and WHEREAS, ORS 190,010, otherwise known as the Intergovernmental Cooperation Act, authorizes the parties to agree to the joint provision of communications services, and creation of an agency to provide same; and WHEREAS, the establishment of said Agency will provide improved police, fire and medical aid service communications within the boundaries of the consolidated service area to the participating local governmental units, together with such other agencies as may hereafter contract with the undersigned for communication services in the manner hereinafter described, and WHEREAS, it is one of the objectives of said Agency to provide consolidated telephone, radio and alarm communications and dispatching services for participating police, fire and medical agencies, and WHEREAS, the establishment and maintenance of such services will be of substantial benefit to the citizens of the undersigned jurisdictions and the public in general. CommEnt These "whereas" clauses address the perceived advantages in service that will be achieved by creating an "agency." This involves technical and policy judgments that are not legal questions. It is extremely important, however, that the city evaluate the entire conceot' from an administrative and po/icy point of view to determine if it is in the city's and the public's interest to proceed with the creation of an agency. NOW, THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: There is hereby established an Agency to be hereafter known as NORCOM. Said Agency shall have the responsibility and authority, among others, for emergency service communications and functions incidental thereto, for the purpose of communicating and dispatching in the furtherance of public safety and emergencies within the aforementioned and contractual member jurisdictions. Supervision and management of said Agency shall be exercised by a Communications Director (the Director) by authority of the NORCOM Policy Board (the Board), as hereinafter provided. 2 15A Comment An intergovernmental agreement of this nature always raises questions concerning the authority of the respective entities to create a new entity and the delegation of authority to that entity. This "Powers and ~4uthority" section helps address some of these concerns. SECTION II - NORCOM POLICY BOARD The NORCOM Policy Board (the Board) will consist of the following members: One elected official from each governmental unit which is party hereto. One administrative staff member from each governmental unit which is party hereto. D~ One elected official/or administrative staff member from each of those agencies served by the agency under contract as specified in Section I, item 3-H. One designated representative of each current user served by the Agency including: ..~.(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) Aurora Fire District City of Aurora City of Donald City of Gervais, Police Hubbard Fire District City of Hubbard, Police Monitor Fire District Woodburn Ambulance City of Woodburn, Police City of St. Paul St. Paul Fire District Woodburn Fire District 3 15A Fx~/anation of Proposed Chan~es. The new language clarifies that each user has one designated representative on the Board. A/so, when a user leaves NORCOM, its representation on the Board ends. Sim#ar/y, when a new user is added, that entity is entitled to one Board representative. Commen¢. A Board of this size willprobably be cumbersome and unwielding. The vast majority of intergovemmenta/ 9-1-1 agreements provide for a larger "po/icy board" and a much sma#er "executive board" that makes day-to-day business decisions. Terms appointment to the NORCOM Policy Board shall be three years. Ae The Board shall elect a presiding officer from its members. Said chairperson shall-serve for a period of one year beginning July 1 of each year. Each agency shall have one vote, which may be exercised by the primary designees or alternate, but not a Board member representing a different jurisdiction by proxy. c; Decisions of the Board shall be made by a majority vote of the entire member agencies, A quorum shall mean 51 percent or more of member agencies, De The Chairman of said Board or four (4) member agencies may call meetings of same as necessary upon at least three (3) days prior written notice. There shall be at least one (1) meeting every three (3) months. The Board shall adopt such policies and procedures as may be necessary to the proper conduct of its business, consistent with this agreement. G. Unless otherwise provided, Robert's Revised Rules of Order shall 4 govern all procedural matters relating to the business of the NORCOM Policy Board. contracts to provide emergency service communications to any person, firm, corporation, local government or agency of government. Said contracts shall be on an annual basis and attached to this agreement as an addendum. Explanation of Proposed Chan~es. language was added to clarify that the Board is an entity subject to the public meetings law. Comment. The way this is presently set up, every Board member, including users, have an eaual vote on all issues. While this may have been appropriate when the Board was advisory to the City Council, the city should seriously consider whether it wants to voluntarily put itself in this position - especially since monetary contributions to the Agency have yet to be decided. into 5 15A Exolanation of Prooosed Chanoes. The revised language more specifically states the legal responsibilities of the Board. Subsection D, concerning the authority to contract, now appears under the previous section -. ,."Powers and Authority. " I believe that Section I, which gave the 8oard the authority to affirm the hiring and termination of all employees, is so fraught with potential legal problems that it should be eliminated. To invest the 8oard with the power to hire .and~fire all employees will inevitably lead to legal complications. 6 15A Exo/anation of'Prooosed Chanoes. The proposed language more specifically and succinctly sets out the Director's responsibilities.~. ~/so, for the reasons stated above, the language that makes the hiring and termination of ail personnel subject to Board review was deleted. SECTION IV- PERSONNE:[ The Director shall submit to the k [ ,'N r:, ,'- ~ ,, ,, ............... y Board a proposed personnel policies and procedures manual for *~' .... ~- :"~ · .......... , '"~:;:~*:~- ................ ~!~;'~*: ........ .,...-"'=~"~;~;~;...=... Tho Personnel policies shall conform to c,,, state and federal statutory requirements. The personnel policies and procedures manual shall provide for initial appointment to the center's staff ftc,,, '"' .... ' :~: : purcuc.~t +~,,, ,'~r~o.....~ 238.81 ,, ~. ' '"": ':~'~'''' "~"""~::'~" '''-~: "'"= ':'""" '~':~ ~' ......... ~] ' ' ' Addit!cnc! c. nd Subsequent employees shall be appointed by the Director in 7 1 5A accordance with the personnel policies and procedures manual, upon meeting qualifications established by the Board. Exo/anat/on of Prox)osed Changes. Minor revisions were made to this section and the statutory reference to the Transfer of Public Employees law was clarified. SECTION V- BUDGET FUNDING The proposed operating budget shall be developed by the Director and adopted by the ~,~-~m ............... y Board. ............... , Board shall fo~ard to each member agency, a prelimina~ budget by the fou~h Monday in Janua~ preceding the budget year and shall adopt a final budget by the fou~h Monday in March. The budget Shall be distributed by the Director in adequate time for each member agency of the ~'~~ ~"~.. ............... ~ Board to make decisions and include the appropriate amount in their annual budgets. The budget period shall be on a fiscal year basis beginning on the first day of July of each year and ending on the thi~ieth day~f June of the ne~ succeeding year. Each member agency participating in cost sharing shall pay its share of the budget in twelve equal installments payable on or before the tenth of each month or quarterly payments due on or before the first day of the next quarter. Funding shall be based upon a cost sharing formula described below: 1. Excise tax collected on telephone exchange access services and distributed to ~.parti~ipating local jurisdictions by the state as authorized by Oregon law, shall be applied to the funding of the Communications Center. 2. It shall be the responsibility of the ~'~'n~" ............... y Board to adopt a formula for distributing any cost of PSAP operation which exceeds annual State ETS (Emergency Telephone System) funds. The formula shall recognize that member agencies may not all receive an equal amount of services from the PSAP. Comment This section has significant legal implications and should be of great concern from .an administrative point of view. Essential/y, it does not set out any funding formula but /eaves this task as a mandate to the future 8oard. ,4s previously stated, the Board, as presently proposed, contains only three city representatives. Yet the city wi// undoubtedly be asked for the largest monetary contribution, it is my opinion that this funding question should be resolved before this agreement is signed by the city. 8 15A Costs should include such items as payroll, accounting and rental of physical space. SECTION VI - EQUIPMENT The :""'"'"'"'"" ............... i' Board is responsible for providing and maintaining the basic equipment to serve the member agencies. This includes, but not limited to, the telephone system, both business and 9-1-1, CAD computer system, and radio communications. If a member agency wishes to add specific equipment to NORCOM to enhance their operation it must be authorized by the ............... y Board. Individual equipment added by a member agency must be purchased and maintained by that agency. The member agency and the NORGOM Director shall maintain inventory records to show what items are NORCOM owned or individual member agency owned. In case dissolution of NORCOM, such assigned or loaned items shall be returned to the lending member agency and all other items, or funds derived from the sale thereof, shall be refunded and distributed to the member agencies in proportion to their financial participation averaged over the preceding three-year period. Comment. This section is also of great concern- to me. It provides that all assets, regardless of how they were acq(lired, belong to the Agency upon its formation. Since the city has acquired substantial assets prior to the formation of the Agency, it seems to be against the city's interest not take this factor into account. Moreover, upon dissolution, all common assets are apportioned according to the member's financial participation. An initial inventory of assets is mandatory and should be specifically required...A different approach concerning equipment inventory and allocation, which ! believe is mo?e favorable to the city, is as follows: Eauioment . :. Equipment and furnishings for the Agency's operation shall, to the extent that the Board determines it to be practical and efficient, be composed of those items temporarily assigned by the participating jurisdictions. In each instance, title to same shall rest with the respective local entity unless such equipment is otherwise acquired by the Agency as provided by law. Each local entity shall be responsible for purchasing, maintaining and repairing their own base, mobile and portable radio equipment. The D/rector shall, at the time of preparing the proposed budget for the ensuring year, submit to the Board a complete inventory together with current valuations of all equipment and furnishings owned by, leased, or temporarily assigned to the Agency. /n case of dissolution of the Agency, such assigned or loaned/terns shall be returned to the lending governmental entity and all other items, or funds derived form the sale 9 thereof, shall be refunded and distributed to those governmental agencies in proportion to their financial participation in the cost thereof averaged over the preceding three-year period. 15A ~,-,-,-,-,n,,, ,,, CONTRACTS 10 15A SECTION IX - REVIEW AND EVALUATION This agreement shall be reviewed annually, prior to December 31 st, by the ............... y Board to evaluate the efficiency of the present organizational structure. SECTION X - AMENDMENTR This agreement may only be amended by a two-thirds vote of the parties ~ hereto and contractual emergency service agencies ~ SECTION Xl - ADMISSION OF NEW PARTIES. Additional entities may be added to this agreement upon such terms and conditions as agreed upon by two-thirds of the parties =~Gnc, tcr~- tc this c.§rccm,,cnt '~"~~ The admission of such additional parties shall be by written addendum to this agreem~ent, signed by all then existing parties and the additional parties. SECTION XII - ARBITRATION Any controversy between the parties in regard to the application of interpretation of this agreement may be submitted to and determined by arbitration in accordance ~,ith ~Dc.., ,.. 33.2!0 tc ....~'~...~..'~An ~~ SECTIQN XIII -: TEBMINATION No party may terminate this agreement without giving written notice to all other parties not less than six (6) months prior to the end of the fiscal year. Such termination shall become effective at midnight of the last calendar day of the fiscal year in which such notice is given. This agreement shall be automatically extended from year to year on the same terms and conditions unless it is terminated by mutual agreement of the parties. 11 15A I,"; ~^.-,-k,~'~e WHEREOF .,.,.......,...,. thc '~ ..... ~ ....... ~ .... ~ '-';+~ ~ 'gnaturc ....... u ....... u .............. thc .,,u7 u,,~., y,.,u, ~.,,,,~v,,.,,.,~, ..,,.,, ,1993. Exo/anation of Prooosed Chan~es Section 6, addressing the Board's power to contract, was eliminated because it is now covered under Section I - Powers and Authority. 12 15A .4 new Section 6, Shared Liability, was added. This proposed liability section is based upon the fact that an intergovernmental agreement of this nature creates an ambiguous liability situation. In this section, the parties agree to share potential liability equally. From the city's perspective, this is consistent with the other entities' right to equally participate in Board determinations. With this right comes the responsibility of equally sharing potential I/ability. ,4 new section was also inserted addressing insurance. This section requires that the Agency provide liability insurance sufficient to cover its total exposure under the Oregon Tort Claims Act. Moreover, each participating jurisdiction is required to provide insurance for any liability which may result from its membership in the Agency. ,4 vailabi/ity of these insurance coverages should be determined prior to the city signing the agreement. Section 1 1 regarding arbitration was changed to reflect the appropriate statutory references. Finally, new sections were added regarding Notice (Section XlV), Effectiveness of Agreement (Section XVl) and Counterparts (Section XVII). The inclusion of these sections is relatively standard and insure that reasonable procedures are employed regarding the execution and modification of the agreement. CONCLUSION This concludes my comments and proposed modifications of the agreement. As you can see,. l have. some substantial concerns about the city executing the document without thorobghly examining all of the issues raised. I would appreciate the opportunity to discuss this with you. NRS/kv 13 15B MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator for Information Public Works Program Manager Groundwater Contamination Update January 19, 1994 There have been several sites in the city where leaking underground storage tanks have caused groundwater contamination. Some of these sites have been cleaned up and others are in the process of remediation or correction. The remediation of these sites is monitored by the state Department of Environmental Quality. As a part of the remediation effort treated groundwater is occasionally discharged into the city's sewer system. Currently a remediation effort at the ARCO station is discharging into the system on a continuous basis. Over the past three years six other sites have discharged waste on an intermittent basis. All of these discharges are permitted individually by the wastewater treatment plant. The treatment plant classifies these operations as a significant industrial discharge and the discharge characteristics are monitored. The city was recently notified that an investigation is underway on groundwater gasoline contamination at Woodburn Fertilizer. As this contamination site moves into the remediation phase there is the potential of waste discharges into the city's sewer system. This situation will be monitored by plant personnel and if discharges are required an industrial discharge permit will be prepared. It is in the best interests of the city that these conditions be remediated as quickly as possible with as little damage as possible to the groundwater and environment. Such sites and their remediation will continue to be monitored. 15C City of Woodbum Police Department 270 Mo n,~e?'~S.~ Ken V fight Chief MEMORANDUM Woodburn, Oregon 97071 (503) 982-2345 Date: January 18, 1994 To: Mayor and Council Subject: National FBI Academy Graduate Sergeant Tom Tennant applied through the police department to attend the National FBI Academy in 1990. In 1992 Sergeant Tennant and the police department were notified of the acceptance of his application. Sergeant Tennant departed Woodburn and was assigned to the Academy in Quantico, Virginia October 4, 1993. On December 17th, 1993 Sergeant Tennant graduated from the National FBI Academy joining a distinguished list. Sergeant Tennant attendance and subsequent graduation of the FBI National Academy not only speaks highly for Woodburn but most of all recognizes Sergeant Tom Tennant as a dedicated professional. Sergeant Tennant graduated from Sprague High School in Salem and attended Oregon College of Education, now Western Oregon, receiving his Bachelors in 1977. Sergeant Tennant served with the Salem Police department prior to joining the Woodburn Police Department in 'September 1980. Sergeant Tennant joins National Graduates Lieutenants Don Eubank 1986 and Paul Null 1990. While it is not unusual for a small police department to have one graduate it is very unusual for three individuals from a single small agency. This reflects the high standards that Woodburn has set for its' police officers and that standard is recognized by the National FBI Academy. Congratulations to Sergeant Tom Tennant, Woodburn Police Department. cc. Tennant file B:TENNANT.FBI 15D MEMO TO: FROM: SUBJECT: DATE: Community Development Director Bob Arzoian, Building Inspector Building Activity for DECEMBER, 1993 January 8, 1994 New Residence Value Multi Family Residential Adds & Alts Industrial Commercial Value Signs, Fences, Driveways Mobile Homes TOTAL DECEMBER 1991 No. Dollars 3 $ 270,000 21 648,00~ 2 11,000 4 35,825 3 2,433,000 2 1,800 2 57,000 39 $3,470,825 DECEMBER 1992 No. Dollars 4 $ 413,800 0 0 5 27,500 0 0 2 211,000 3 75 0 0 14 $ 652,375 DECEMBER 1993 No. Dollars 28 $ 3,540,608 5 244,000 5 50,088 7 534,500 4 2,300,821 1 76,750 52 $6,748,767 July 1 - June 30 Fiscal Year-to-Date ~2~122~633 g~8~243~081 ~15~121~405 Robert Arzoian Building Official RA:bw MEMO TO: FROM: SUBJECT: DATE: Planning Commission and City Council through City Administrator Code Enforcement Section ~. ~H- Yearly Report for 1993 January 5, 1994 15E The Code Enforcement Section responded to or self initiated 1,632 cases in 1993, compared to 1,406 cases in the same period in 1992 - a 16% increase in activity. 1992 1993 CASES CASES 341 357 %+/- +4.7 PUBLIC PROPERTY VIOLATION: These cases include storage of motor vehicles, boats, trailers, abandoned autos, etc. on public property. 16 40 + 150 Vehicles TOWED due to a violation on public streets/property. 165 260 +58 PRIVATE PROPERTY ABATE NUISANCES: These. cases include articles on private property labelled as junk, old cars, car parts, miscellaneous debris, wood, tires, any type of debris that lessens the aesthetics of property. 44 56 +27 HEALTH HAZARD: These cases involved solid waste products (garbage) and other refuse which creates a public health hazard and habitat for rats; also human defecation and open septic tank(s) related to housing problems. 98 177 +81 LAND USE VIOLATIONS: Involve zoning ordinance violations such as single family unit being used as a multifamily unit, residential units operating as commercial businesses in a residential zone, traffic safety involving line of sight at intersections, and vehicle(s) being parked on landscaped ar~as. 10 16 +60 DANGEROUS BUILDING: Where building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated to become an attractive nuisance to children, vagrants or migrants affecting public health, etc. 7 13 +86 INDUSTRIAL WASTE: Wasdisposed ofthroughthecity'sstorm drain system. 256 247 -4 ANIMAL CONTROL: These include but are not limited to dogs barking/running at large, vicious/menacing animals, follow up cases on animal control involving cruelty for Woodburn Police Dept. Dogs released to owners and payments of impound fees. Related duties involving livestock. 1 ~92 1993 CASES CASES %+1- 15E 148 121 -18 38 180 +74 72 195 +171 35 66 +88.5 OBNOXIOUS VEGETATION: This includes weeds, tall grass, poison oak, poison ivy, blackberry bushes and other vegetation located on private properties from May 1 through September 30. ASSIST OTHER AGENCIES: Such agencies as the Woodburn Police Dept, Woodburn Fire District, Marion County Health Dept, Marion County Housing Authority, Department of Labor and Industries, Accident Prevention Division, and Woodburn Builidng Department. MISCELLANEOUS VIOLATIONS: Public indecency, no merchant's license, peddlers, etc. CITY PARK VIOLATIONS: General rules and regulations affecting rules of conduct within Woodburn City Parks. Settlemier Legion Park Park Community Center City P. arks security checks (drive through) 1992 1993 1,406 1,632 +16 SUMMARY Average complaints per month: 1991- 105 1992- 117 1993- 136 Calls for service increased 16% over activities in 1992 and 16% increase from 1991 to 1992, 32% increase in the last 24 months. In years past, violations were self initiated by officers in the field. In 1992 and 1993 large amounts of calls for service were called to officers' attention by citizens, indicating more public concern for the aesthetics of this community. In 1991, this department averaged 105 complaints a month; in 1993 we averaged 136 complaints. This department's goals and collective accomplishments are the demands set by the citizens of Woodburn. To answer their demands with staff available we will try and accomplish the tasks trying not to prioritize calls for service. 1993RPT DEPARTMENT OF HEAIfFH & HUMAN SERVICES Public Health Service Region X January 6, 1994 MIS --2~_ 22o'1 Sixth Avenue Seattle, WA 98121 Our Reference: CSH X 00206-07 Alberto Nufiez, Executive Director Salud Medical Center P.O. BOX 66 Woodbum OR 97071 Dear Al: This is in response to 3,our .December 20, 1993, letter to Lucina Siguenza. The issue is explained in the fourth paragraph of your letter where you speculate that "in order for the U.S. Public Health Service to allow the sale, the issue of the new building needs to be resolved prior to the release of its lien on the old building." The Public Health Service does not have a lien on the old building. We do have a financial interest provided by 45 CFR 74 and publicly recorded by Salud in filing a Notice of Federal Interest. The sale of the old building and the purchase of the new building are not connected. You must obtain our approval to purchase or build a new buiiding--a separate issue from our financial interest in the damaged building. You must also obtain our approval to sell the old building because there is a federal financial interest in it. We x~411, if the Health Resources and Services Administration permits, transfer our financial interest in the old building to the nexv. There is no provision in 45 CFR 74 for transferring our interest from the sale of a building to a new building. The Code of Federal Regulations states at Title 45, Part 74, {74.134 that after a grantee sells real estate in which there is a federal financial interest "the Federal Government shall be paid an amount cotnputed by multiplying the Federal share of the property (see §74.142) times the proceeds from sale (after deducting actual and reasonable selling and fix-up expenses, if any, from the sales proceeds)." We of course do nor want cash from the sale but prefer to transfer that share to the new building. Beryl Cochran will work this issue through the Health Resources and Services Administration with our Bureau of Primary Health Care contact for real estate matters, Ray Vacca. Salud Medical Center, with prior approval from the Public Health Service, may sell the old building before you and the Public Health Service work out a final agreement on the new building. As long as you have a place to provide services to clients in the interim, selling the old building is not linked to finalizing plans on the new. You must fa-st obtain Public Health Service permission to sell the building. Please send your request to me at your earliest opportunity. If you have any questions, please call me on (206) 615-2473. Sincerely, ~J~e~ B. T~pton, Director Office of Grants Management BREEDLOVE, N~,CONNELL, GRANNING, PEASE ENGINEERS, INC. CONSULTING STRUCTTJRAL ENGINEERS ilden E, Breedbve. P.E. )elmar L. IdcConnell, P.E. lay M. Granning, P.E. VillJam R. Pease, P.E. lg N.W. §th Ave. Portland, Oregon g720g (503) 222-6886 FAX (503) 222-185g 605 Liberty St. N.E. Salem, Oregon 97301 (503) 399-1399 FAX (603) 39g-8259 January 24, 1994 Nora Fives 12676 Whiskey Hill Rd. Hubbard, OR 97032 SUBJECT: Old Bank gullding, Woodburn, Oregon Dear Nora; The purpose of this report is to provide you with our observations and opinions on the above building. In addition, we understand the City of Woodburn has concerns and we anticipate that this report will be sha~e~ with them. Also, as ~h£s building has reportedly been declared unsafe, repairs are required to be made to current code provision. The building code does not allow unre£nforced masonry, so repair recommendations £ncluded herein must be approved by the Building Department as providing strength- ening only. The main portion of the sub~ect building is reportedly nearly a hundred years old and is constructed of unreinforced brick masonry walls with wood floor and roof systems. An addition to the west appears somewhat newer, but also fairly old. Walls of the addi- tion are clay tile and concrete masonry units, again with wood roof and second floor framing. On November 30, 1993, the undersigned representative of our firm visited the building to observe structural condition, particularly damage which was likely due to the March earthquake. During our visit, we took numerous photos and have included copies of many with this report. A second visit was made on January 22, 1994, to obtain additional information regarding the east wall. Considering its age, the building could be considered to be in good structural condition. The quality of the ~est addition is not up to the standard of the orig£nal portion, and in fact, was constructed with deficiencies. Only the wall cracking near the south end of the east wall is considered to be a serious structural concern. Although other structural defects are present and should be =epa£red, they are of lesser significance. Specific items noted during our observation include= 1.) The original structure appears to have brick ~alls containing three (3) courses at the lower level and at ~east two (2) courses above the ~econd floor. January 24, 1994 Fives Building - Page 2 2.) Second floor and roof are wood framing with Joists spanning full north/south width. The first floor is assumed similar. 3.) Steel straps tying Joists to walls were observed at the second floor. ALthough not observed, it is likely that these exist at roof and first floor levels also. 4.) No tie was noted at east o= west walls. $.) The parapet at the roof appears to be three to four feet high and is not braced. Note that this is assumed based on limited obeer~ation which did not include obser- vation from the roof. 6.) The east wall parapet is cracked above each upper window. These may have been pre-existing but are likely earthquake related. 7.) Significant cracking from upper windows to the lower window in the east wall appears to have been pre-existing but exacerbated by the earthquake. Some additional increase was noted in our second site visit. 8.) A pre-existing crack from the Lower window to a foundat£on vent appears to have increased due to the earthsuake. 9.) The north wall con~ained several cracks at the upper level, meet from window corners to the top of parapets. Again, these were l£kely pre-exi~ting cracks increased by the earthquake. Hlnor cracking was also noted at lower levels. 10.) No significant cracks were noted in original west or south walls. 11.) Cracking in inner w~thes of brick does not follow those at the exterior, however, cracking is present in the same area in some locations. 12.) The west addition walls appear to be clay tile at west and south walls and concrete masonry units (CHU) at the north. 13.) Second floor framing for the west addition appears deficient, and is not tied to walls. January 24, 1994 Fives Building - Page 3 14.) The west addition appears to have settled somewhat, creating a gap at both north and south walls where it abuts the original building. 15.) Minor cracks and some stucco spalling were observed, but no serious defects were noted in walls of the west addition. 16.) Actual construction detail of the addition to origi- nal building was not determined. 17.) Significant plaster cracking of both walls and ceiling in the upper level of the original building was noted. Whether due to the earthquake or enhanced by the earthquake is unknown. 18.) Significant roof leaking was noted in several areas of the original building. No serious structural deterior- ation was noted, however, the potential certainly exists. 19.) some.deterioration was noted at the second floor at the south wall of the addition. The structure requires repairs to at least the walls in order to be considered safe. It appears fairly significant portions o~ the east wall will require reconstruction as well as structuF&l re- pointing. Smaller areas of the north wall will also likely need some reconstruction a= cracks along with structural re-pein=ins. The whole building should be closely inspected by you= mason, with re-pointing of any deteriorated areas also a part of the repair. In addition to those above noted items for the original building requiring repair, we recommend that additional =les be added between north and south walls and the ~loo=s and roof, and that ties at east and wes= walls be installed. These ties will in- crease resistance to future earthquake loading, but are not in- tended to, nor will they, meet current code requirements. we a18o recommend that similar =~ing and strengthening be done at the west addition, however have not provided sketches for this area. (we anticipate details would be similar to those provided.) In particular, the south wall of the stairs should be tied well at s~a£= and =eof levels to increase its ability ~o Feels= wind or earthquake loading. Please note that our observations and this report are ~airly limited and pertain to structural items only. No attempt has been made to look at or address fire and life safety issues, handicap accessibility or etc. January 24, 1994 Fives Building - Page 4 We trust that this report meets your current needs on this matter. If we may be of further assistance, or if you have any questions, please let us know. Enclosure: CC: Very truly yours, Photos Sketches Appendix A Marion County {Don WoodleT) W/Sketches City of Woodburn (Steve Goeokritz) W/Photos & Sketches 8REEOLOVE, M~)CONNELL, GRANNING, PEASE ENGINEEI~S, INC~ POPlTIJkND, OREGON SALEM, OREaON BREEDLOVE, MoCONNELI, GRANNING, PEASE ENGINEERS, PORTLAND, OREGON SALEM, OREGON BREEDLOVE, McCONNELL, GRANNING, PEASE ENGINEERS, INC. CONSULTING STRUCTURAL ENGINEERS ~laen E, Breedlove, P,E. ~)elm=r L, McConnell, P.E, ~ay M, 6tanning, P.E. Nilliam R. Pease, P,E, lg N.W. 5th Ave. PorUand, 0regan g7209 (503) 222-8886 FAX. (50S) 222-1859 805 Liberty St. N.E, Salem, Oregon 97301 (603) 399.1399 FAX (503) 399-8259 APENDIX A ?his sheet is provided for your Informs:ion, I; the local building of~icia! has declared the building covered la the accompanying report as unsafe, repairs may be required to meet current Uniform Building Code Re~rements. Under the cuttenb code~ ~estecn Oregon is a Seismic Zone 3 vhich does not alloy untein;orced ~asonry. Unrein~orced bricks clay tile~ and un:einforced or one-direction only rein~o;ce~ent in concrete · a~onry units is considered ~nzeln~orced masonry. Eegair o£ untelnfo~ce~ ~asonzy structures ~htcb have been de- clared unsafe my therefore not be pzactica~ cz at the ~east ~ikely be more Suggested ze~alts contained in the attached report ~ay not con- Ecrm to ORS 401.539 If your building has been declared unsafe. You ate toques:ed to contact your local Building Department to determine the applicability of the above statuee to you~ building and to the repair o~ any damge. ~l.5a~ Un~fe condition' resulting _(8). If ~e burl '_ctt~ or etzuct_u~e ia in such ~rom em-th~ dzun~e~ abatement, o~ concLttion as to make it inunec~ate~ cue to the l~e, LL~b, propert7 or ,s.~et7 of ~e ntt~ce. (-1) All btu~ or po~o~z public or itu occupantz, th.~ .~uLlcl~g C.ocl.es. thereof which are determined after tn. , epection bR .a. b_ut~.~d~, tusker, or · ?_pr~-~_ Ag_eh.cl. or _representative o~ t~e agency anaLt .seutative o~ ~ne =utimng t;oaee &~ency ~ ~e order' st to be vaca~cL ,~mege m~ be declared to be · t~ublic nui- ~ .,LL~a~i 'i~'~'..T~' citable for listing On ~e lance end sb~ be abated b7 rep~-, re.hebtl- '.~a~io~l'ReL, ia'~r".0f Historic. Placea,.."eata~ itstion, demoBtion or remove1 in accordance ]~ec~ 'end at~Lzi~be~d u~der'the with t2:e procedure spec~ecl by rule~ adopted Hi~tortc Preservation Act of ~966 (P.J~ by ~e~,,agene¥. · 89-.665), or it' the l~at~ons~ Regts.tzr .of '~.~-~y bu2di~ deel~ed to be in u~e tone Pieces ceases accept~n~ nominations, ia eon~t~ion under auSse~on (1) of this section ~e~provecl for Listing an en Oregon _register. ab. all be made to comply with one of the ~ol- historic places, 'or i~ a locall~ lo_wLug: ~ lenane~E protected by ora~,~ce -~f-~.C~.:~Tha,b~lc~n~ ab~ be ~dr'~d in ac-~l demolition Without due p,roces~, compliance with the prov~stons of ~o~e w~th t~e current builaLug cede or(! (s) end (c) of subsection (9.) of tl~s sect~o,n ~other eurreut coda. applicab!e to the type o£~' shall be allowed ~ th,e rep. aired or rehabill- [~.~'ae bugcRug m~V be va.ca~d;.ae...~, a I '6f tbis:.a~L~.'.6m':~l:~e~ ~zo lei ' d~es not constitute an lmmecLiate da~ger ~o I the l~fe, Limb, property or safer7 of the pub- I 40L540 I~epmld b~ 1_~ eYeS6 Mg] liC, 8167531156 TO: .5~' 599 8259 F~2 gl4DNK §I~IMDLfll is xor~veet ~1£~ Avenue ~ave been 4ea~rip~one or this ~A&z~lng ~uildinV. ~he option ~o reg~oFa ·