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Agenda - 11/22/1993 1. 2. 3. 4. CITY OF WOODBURN 270 MONTGOMERY STREET, WOODBURN, OREGON ************************* CALL TO ORDER AND FLAG SALUTE ROLL CALL MINUTES A. Council minutes of November 8, 1993. B. Planning Commission minutes of November 10, 1993. ~ 3B APPOINTMENTS AND ANNOUNCEMENTS APPOINTMENTS: A. Planning Commission B. Budget Committee C. Library Board D. Recreation & Park Board E. Cable TV Advisory Board ANNOUNCEMENTS 4A 4B 4C 40 4E PROCLAMATIONS 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign 6. COMMUNICATIONS 7. BUSINESS FROM THE PUBLIC (This allows public to introduce items for Council consideration not already scheduled on the agenda.) 8. PUBLIC HEARINGS A. Dangerous building: 199 N. Front Street (Old Bank Building). 9. TABLED BUSINESS .sA Page 1 - Woodburn City Council Agenda - November 22, 1993. "",. 'r 10. GENERAL BUSINESS A. Council Bill No. 1502 - Resolution entering into agreement for consulting services for preparation of Wastewater Facilities Plan. 10A B. Swimming pool schematic design review. 10B c. Bid recommendation: Library repairs. 10C 10D D. Contract award: Astor Way water well. E. Contract award: Nazarene water well. 10E F. Recommendation of Tax Levy Authority amount to Marion County for tax coordination plan. Acceptance of sewer line easement. 10F .llKl G. 11. APPROVAL OF CLAIMS 12. PUBLIC COMMENT 13. NEW BUSINESS 14. SITE PLAN ACTIONS A. Woodburn Fertilizer. 14A B. School Bus Services. 14B 15. STAFF REPORTS A. Woodburn's wastewater load discharge allocation to Pudding River. 15A B. Curfew enforcement report. 15B 16. MA VOR AND COUNCIL REPORTS 17. EXECUTIVE SESSION Authority: ORS 192.660 (1 Hd) To conduct deliberations with persons designated by the governing body to carryon labor negotiations. 18. ADJOURNMENT Page 1 - Woodburn City Council Agenda - November 22, 1993. ,,"," r TAPE READING 0001 0003 0022 0020 0108 0136 3A COUNCIL MEETING MINUTES November 8, 1993 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 8, 1993. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kelley Figley Galvin Hagenauer Jennings Mitchell Sifuentez Present Present Present Present Present Present Present staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park Director Holly, Finance Director Gritta, Library Director Sprauer, Police Chief Wright, 9-1-1 Communications Director Wolf, Public Works Manager Rohman, city Recorder Tennant MINUTES. JENNINGS/FIGLEY... approve the Council minutes of October 25, 1993; accept the Library Board minutes of October 27, 1993 and the Planning Commission minutes of October 28, 1993. Mayor Kelley requested that the Council minutes of October 25th, tape reading 2378, line 20, be amended by inserting the word "not" before the word "intended". JENNINGS/FIGLEy.... adopt the amendment as recommended by the Mayor. The motion passed unanimously. The motion as amended also passed unanimously. CHAMBER OF COMMERCE REPORT. Mindy smith, representing the Chamber Board, advised the council that the Chamber Board will be holding a Planning Retreat on November 16th, 12:00 noon, to plan Chamber events for 1994. She also reminded the Council that the monthly Chamber forum will be held on Monday, November 15th, 12:00 noon, at Yum Wah's Restaurant and she will be the guest speaker for the forum. WOODBURN COMEBACK CAMPAIGN REPORT. Councilor Figley stated that the Woodburn Independent "Love Santa" project is underway and she encouraged local citizens to give toys, clothing, and food to help make Christmas a special day for needy families within the community. Page 1 - Council Meeting Minutes, November 8, 1993 """ 'r 3A COUNCIL MEETING MINUTES November 8, 1993 TAPE READING LETTER FROM TERRY WILL RE: CITIZENS REVIEW COMMISSION. Mayor Kelley read a letter from Mr. will urging the Mayor and Council to build unity amongst themselves and effectively communicate their positions to each other and the public. 0210 Councilor Mitchell stated that he had met with members of the senior Estates Neighborhood Association on October 31, 1993 regarding various issues with the main topic of discussion related to the Council's acknowledgment of the Association. He stated that the group wants to be acknowledged by the City and does not object to growth within the community as long as it does not affect their retirement community. He felt that the Council should acknowledge the Association and listen to them with an open mind. - 0180 0329 Councilor Figley stated that she had met with the group on October 30th with the general discussion centering around acknowledgment of the association. She suggested that the concept of Neighborhood Associations be discussed in context of the whole community since all citizens are entitled to be heard. 394 Mayor Kelley felt that this discussion should have been held several months ago after he had turned in petitions with over 400 signatures from individuals wanting to be heard. 0409 CONTINUATION OF PUBLIC HEARING - DANGEROUS BUILDING AT 347 N. FRONT ST CSALUD). Mayor Kelley continued the public hearing at 7:15 p.m.. Al Nunez, Executive Director, stated that Salud moved from the Armory last Friday and is now leasing a building on N. Pacific Highway on a monthly basis until such time as a new structure can be built at a different location. In regards to the building located at 347 N. Front, he stated that he has not been able to have an engineering firm prepare a report on winterizing the building due to his involvement in trying to procure a site other than the Armory. He reiterated that the building is safe on the outside but not safe for occupancy. The original engineering report did not address winterization, therefore, another report is necessary to insure that necessary steps are taken to keep the building in a safe condition. He also stated that he will now devote more time to looking at alternatives that would allow rehabilitation of - the building for use by another non-profit organization rather that demolition of the building. . - Councilor Jennings questioned the need for keeping the building on the list since it does not provide a hazard to the public. Director Goeckritz stated that as long as it remains on the dangerous building list, some action will be taken to either rehabilitate or demolish the building even though it may take several more months before anything is actually done. Page 2 - Council Meeting Minutes, November 8, 1993 ...,.. " TAPE READING 0675 0737 0867 3A COUNCIL MEETING MINUTES November 8, 1993 Councilor Mitchell stated that his concern is that nothing is happening to the building while, in most other cases, the buildings have been rehabilitated or are in the process. Councilor Figley stated that she would prefer to continue the process to try and preserve the building for its historical value. FIGLEY/SIFUENTEZ... continue the public hearing until the first regular meeting in December. The motion passed 4-1-1 with councilor Jennings voting nay and Councilor Mitchell abstaining. CONTINUATION OF PUBLIC HEARING - DANGEROUS BUILDING LOCATED AT 479 N. FRONT STREET (SMART SHOP). Mayor Kelley continued the public hearing at 7:24 p.m~. community Development Director Goeckritz reviewed the work which was currently in progress at the site. The estimated completion date is late December, therefore, he recommended that the public hearing be continued until December 13, 1993. Following a brief discussion by the council, JENNINGS/HAGENAUER.... remove the building from the dangerous building list. On roll call vote, the motion passed 4-2 with Councilors Figley and Galvin voting nay. CONTINUATION OF PUBLIC HEARING - TRANSPORTATION PLAN. Mayor Kelley continued the public hearing at 7:27 p.m.. Director Goeckritz stated that there are several issues that still need to be addressed by the Task Force then reviewed by the state. The staff recommended that the public hearing be continued until January 10, 1994 with the hope that the state has accepted the Task Force's proposal. Task Force Chairman Jennings expressed his hope that the state will not longer change the rules and the Task Force can complete the first phase of the Transportation Plan for Council review. Councilor Mitchell stated that he had provided Councilor Jennings with the latest wording on one of SENA's proposal from Attorney Lien who represents SENA (Senior Estates Neighborhood Association). JENNINGS/FIGLEy.... continue the public hearing until January 10, 1994. The motion passed unanimously. COUNCIL BILL 1501 - ORDINANCE RECLASSIFYING PROPERTY LOCATED NORTH OF YOUNG STREET AND EAST OF HERITAGE APARTMENT FROM SINGLE FAMILY RESIDENTIAL TO MULTI-FAMILY RESIDENTIAL. Council Bill 1501 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1501 duly passed. Page 3 - Council Meeting Minutes, November 8, 1993 "'t". r- 3A COUNCIL MEETING MINUTES November 8, 1993 TAPE READING 0894 CONTRACT AWARD - POST FRAME BUILDING AT THE WASTEWATER TREATMENT PLANT. Public Works Manager Rohman stated that proposals had been sent to several local contractors in addition to being advertised in the local newspaper and Daily Journal of Commerce. Only one bid was received which was from Parker Buildings in the amount of $16,432.00. After checking the price per square foot, the staff has determined that the bid is a good value and recommends acceptance of the bid. JENNINGS/FIGLEy.... approve the bid from Parker Buildings in the amount of $16,432.00. The motion passed unanimously. 0970 CONTRACT AWARD -PORTABLE RADIOS FOR PUBLIC WORKS. This issue was brought before the Council at the OctoDer 25th meeting at which time additional information was requested regarding equipment service. Public Works Manager Rohman stated that all warranty work on Motorola radios is done at a "depotll level, which in this case, is Schaumburg, Illinois. After the expiration of the warranty period, service work can be performed by other local companies such as Questar Radio Communications who was the low bidder. Additionally, the bid specifications did include options for a two-year extended warranty period. Costs for the warranty plans were as follows: Questar, $429.00; and Clackamas Communications, $572.00. It was the staff's recommendation not to include the extended warranty period as part of the final bid award. A brief discussion was held regarding the advisability of not accepting the two-year extended warranty program. JENNINGS/FIGLEy.... award the bid to Questar Radio Communications in the amount of $12,727.00 for the replacement of 22 portable radios. The motion passed unanimously. 1167 CLAIMS FOR THE MONTH OF OCTOBER 1993. SIFUENTEZ/GALVIN.... approve claim #20468 - #20800 for the month of October 1993. Mayor Kelley questioned the insurance payment to Alexander & Alexander who is no longer the City'S Agent of Record. Recorder Tennant stated that a 3rd party medical liability insurance policy is obtained through their company to provide some insurance coverage to participants of youth and adult trips which are sponsored by the Park's Leisure Services program. The motion passed unanimously. 1275 SITE PLAN ACTIONS. Woodburn Fertilizer - site Plan Review #93-13: The Planning Commission approved the site plan with conditions which would provide for the construction of a 24,000 square foot warehouse. No action was taken by the Council on this site plan action. Page 4 - Council Meeting Minutes, November 8, 1993 ~ .r- 3A COUNCIL MEETING MINUTES November 8, 1993 TAPE READING Wesley Subdivision #93-03 - North Side of Landau Drive. The Planning Commission approved a four-lot subdivision with numerous conditions, one of which would be to make a full street improvement on Landau Drive. It will be the responsibility of the developer to make arrangements with the surrounding property owners regarding this issue. No action was taken by the Council on this site plan action. 1357 STAFF REPORTS. 1) Leaf Pick-up and Disposal Program: Councilor Jennings stated that leaves should be picked up regularly in other parts of town in addition to the weekly pick-up program for the downtown area. Public Works Director urged residents to consider other options for disposal of leaves such as- disposing at the Treatment Plant drying beds, composting on private property or the county landfill, or utilizing the local disposal service to pick-up bagged leaves which may incur additional charges. He cautioned residents to only put leaves on the street or right of way area since small branches or twigs will clog-up the street sweeper. Additionally, the property owner must be aware of potential liability on their part if leaves are allowed to accumulate on the sidewalks and an accident occurs. 2) Letter from the u.s. Air Force expressing their appreciation to the city for the interest, care, and concern regarding the donated aircraft which is housed at MacLaren School. 3) Human Rights Commission Ordinance: The staff report from Administrator Childs stated that copies of ordinances have been received from several cities, however, it will take some additional time to prepare a draft ordinance. In the memo, Administrator Childs stated that he was considering the assembling of an informal committee to review the preliminary draft once it is completed. Mayor Kelley stated that he objected to the Administrator's formation of a committee since the Administrator is not empowered by the Charter to appoint any Committees. FOllowing a brief discussion on the issue, Administrator Childs stated that staff would prepare and review the draft ordinance. 4) Gang Enforcement Team: Chief wright's memo stated that the Oregon state Police has offered additional assistance to the city in coordinate information concerning gang activities of North Marion county Police Agencies. State Trooper Malcolm Lewis will be assigned to Woodburn Police Department for the period of November 8 through 19, 1993. councilor Sifuentez questioned Chief wright regarding stricter enforcement of curfew laws. Page 5 - Council Meeting Minutes, November 8, 1993 ,,",,' 'r' TAPE READING 1798 1824 1851 1902 1954 3A COUNCIL MEETING MINUTES November 8, 1993 Chief Wright stated that state Curfew laws are currently enforced, however, consideration is being given to stricter curfew laws as a result of the last Gang forum. A meeting has been scheduled which will include representatives of the County Juvenile Department and District Attorney's office to discuss this issue. Councilor sifuentez expressed her full support to curtail gang activity. 5) Building Activity report for October 1993: No action was taken by the Council. Councilor Galvin questioned the status of the installation of a traffic signal at the KMart/Bi-Mart access to Highway 214. Public Works Manager Rohman stated that the poles have been installed and the contractor is waiting for the signal controller unit which is on back order. Councilor sifuentez stated that she has participated in the Gang Forum sessions and was disappointed by the lack of participation of Hispanic families. She stated that she has organized a meeting for Sunday at 12:30 p.m. to be held at st. Luke's for the purpose of getting more Hispanic parents within the community involved and hopefully, following it up with their involvement with committees already formed by Chief Wright. Councilor Jennings stated that the opinions Terry Will has attributed to him were the opinions of the City Attorney since he was only reading an excerpt from the City Attorney's memo concerning the citizens Review Commission ordinance. He also congratulated the Police Department for the culmination of their efforts in a drug case involving Juan Ruiz, owner of Club Cafe/Alley Lounge located on Front Street. Councilor Figley also extended her congratulations to the Police Department for their recent accomplishment in curtailing drug activity within Woodburn. She also questioned the Wastewater Department's purchase of 'critter gitters'. Public Works Manager Rohman stated that the plant has been having problems with nutrias. The animals are trapped and then released far away from the plant. This alternative approach was far less costly than hiring professional trappers. Mayor Kelley requested Council consideration of not convening the last regular Council meeting in December. JENNINGS/SIFUENTEZ.... eliminate the last Council meeting in December. The motion passed unanimously. Page 6 - Council Meeting Minutes, November 8, 1993 """' T' 3A COUNCIL MEETING MINUTES November 8, 1993 TAPE READING 2000 Administrator Childs stated that he and Councilor Hagenauer had just returned from the League of Oregon cities conference which had drawn approximately 1100 participants throughout Oregon. He stated that the conference had given them some new ideas for future consideration. 2023 ADJOURNMENT. The meeting adjourned at 8:06 p.m.. APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder city of Woodburn, Oregon Page 7 - Council Meeting Minutes, November 8, 1993 """ r 38 MINUTES WOODBURN PLANNING COMMISSION NOVEMBER 10, 1993 1) ROLL CALL: Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mr. Johnson Mrs. Warzynski Mrs. Henkes Mrs. Grijalva Mrs. Bjelland Mr. Pugh Mr. Bauer Mr. Stovall Present Present Absent Absent Present Present Absent Present Staff Present: Steve Goeckritz, Community Development Director Teresa Engeldinger, City Planner 2) MINUTES: The Planning Commission minutes of October 28, 1993 were accepted as written. 3) BUSINESS FROM THE AUDIENCE: None 4) COMMUNICATIONS: Staff read the memo that is to be submitted to the Council from the Commission regarding their concerns of the islands of property surrounded by city limits that should possibly be incorporated. The rational is that these islands are, to varying degrees, already provided with city services such as; street sweeping, water and sewer. 5) PUBLIC HEARINGS: A. SPR 93-15 Woodburn Fertilizer - 868 N. Front Street Staff read the statement necessary to begin the public hearing. Staff stated that the applicant, Woodburn Fertilizer, wished to put two additions onto the existing wholesale operation. Staff read the criteria applicable for approval of PCMll-l0.93 SG:bw 1 ""'. 'r. 38 this site plan. This type of business needed approval from DEO for these additions. DEO approved the construction of these additions subject to the conditions listed in the letter received from DEO. Staff recommends approval of the proposed project with the conditions Ii~ted in the staff report. The applicant, Bill Dryden, Woodburn Fertilizer, speaking for Scott Burlingham, stated that Woodburn Fertilizer agreed with the staff report. Chairperson Johnson asked if there was anyone in the audience who wished to speak against or for the proposal. There was no one. He closed the public hearing. Commissioner Warzynski made the motion to approve SPR 93-15 with the conditions listed in the staff report. Commissioner Bjelland seconded the motion. The motion passed unanimously. B. School Bus Services, 2205 National Way SPR 93-18, Variance 93-03, Conditional Use 93-02 Staff stated that the applicant wished to build a 3240 sq. ft. bus repair shop and a variance to the paving standards. Staff read the applicable approval. criteria from the public notice. Staff went over the individual conditions of: approval for each of the applicants requests. Staff recommended approval of these requests with the conditions listed in the staff report. Don Malinski, representing School Bus Services (SBS), 770 SW 4th St., Canby, OR, stated that the asphalting portion of this project would be phased in over a three year period. There was some discussion from the Commission members regarding the different phases. Chairperson Johnson asked if there was anyone who wished to speak for or against the proposal. There were none. Chairperson Johnson closed the public hearing. Commissioner Pugh made the motion to accept the proposal and allow the phasing of the project with the first phase to be constructed a~ the time the building is constructed with the remainder over the next two years. PCM11-10.93 SG:bw 2 "'t. " 38 Commissioner Warzynski asked to amend the motion to read 1996 as a completion date on the paving. Commissioner Pugh accepted the amendment. Staff asked for date clarification. Commissioner Pugh made the motion to accept the proposal as delated and clarified by the Chairman regarding the one year and two year periods after the initial construction with the date of completion of paving November 10, 1996. Commissioner Bjelland seconded the motion. The motion passed 4 yes votes, 1 no vote. 6) REPORTS: A. Pier Restaurant, Hwy 99E - Addition Staff stated that the applicant wished to place an addition to the restaurant. Staff gave administrative approval of this project subject to the conditions listed in the report. B. Building Activity for the month of October, 1993 C. Code Enforcement Activity for the month of October, 1993. 7) BUSINESS FROM THE COMMISSION: Chairperson Johnson stated that he would like to resign as the Chairperson. Staff asked if it could be put on the agenda for the next meeting. Chairperson Johnson answered yes. 8) ADJOURNMENT: There being no further business the Planning Commission meeting was adjourned. PCM11-10.93 SG:bw 3 ~. ? 4. 1. Position #2 2. Position #3 3. Position #4 Position #8 APPOINTMENTS PLANNING COMMISSION NOVEMBER 22, 1993 Appoint Appoint Appoint Appoint Robert Finch 444 Hardcastle Phone: 981-7840 Cabinet maker Resident for 5 years James Atkinson 765 Elena 17 year resident Employment: Maclaren School Gary Kosikowski 611 Harrison Street Phone: 982-2973 William Pyle 280 Gatch Street Phone: 982-3048 4A Term Expiration Dec. 1996 (unexpired term, vacant position) Dec. 1997 (expired term) Dec. 1997 (expired term) Dec. 1997 (expired term) '"'!". r APPOINTMENTS BUDGET COMMITTEE NOVEMBER 22, 1993 1. Gary Hammack 1225 Hardcastle Phone: 981-6378 Resident for 17 years Independent businessman Appoint 2. Barbara Lucas Reappoint 48 Term Exoiration Dec. 1996 (expired term) Dec. 1996 (expired term) """ ' " 1. Position #3 2. Position #5 APPOINTMENTS LIBRARY BOARD NOVEMBER 22, 1993 Reappoint Jean Weatherill Appoint Willie Baldwin 252 Hardcastle Phone: 981-5039 Life long resident Life long educator 4C Term Exoiration Dec. 1997 (expired term) , Dec. 1997 (expired term) "'r ,.- 1. Position #6 2. Position #7 APPOINTMENTS RECREATION AND PARK BOARD NOVEMBER 22, 1993 Appoint Lazaro Ybarra 562 S. Settlemier Phone: 981-0300 Sculptures Reappoint Barbara Rappleyea 4D Term Exoiration Dec. 1996 (expired term) Dec. 1996 (expired term) "'t' . r" 4. APPOINTMENTS CABLE ADVISORY BOARD NOVEMBER 22. 1993 1. Appoint James Green 336 Acacia No phone 2. Gerline Reagan 1670 Vanderbeck Lane Phone: 982-1049 Appoint 3. Jack Barnett 1485 Princeton Road Phone: 981-3266 Reappoint Reappoint Milt Parker Lincoln Elementary School 1041 N. Boones Ferry Rd. Phone: 981-9555 4E Term EXDiration Dec. 1994 (vacant. unexpired term) Dec. 1995 (vacant. unexpired term) Dec. 1996 Dec. 1996 "'t. r. 8A MEMO TO: MAYOR AND CITY COUNCIL THROUGH CITY ADMINISTRATOR FROM: STEVE GOECKRITZ, COMMUNITY DEVELOPMENT DIRECTOR <5 L c; DATE: NOVEMBER 18, 1993 SUBJECT: CONTINUATION OF THE PUBLIC HEARING OF MAY 10, 1993 CONCERNING DISPOSITION OF THE DANGEROUS BUILDING LOCATED AT 199 N. FRONT STREET (OLD BANK BUILDING) At a public hearing on October 25, 1993, Nora Fives indicated that her brother was interested in purchasing this structure with the intention of renovating the building. To date the city staff have received no engineering plans regarding the renovation proposal. Staff is attempting to contact Mrs. Nora Fives, owner of the building to find out when plans are going to be submitted or have Mrs. Fives discuss with Council any progress being made in finalizing this issue. Recommendation: Any decision by Council would have to be based on Mrs. Nora Fives testimony. sg/kv """, T'" 10A TO: City Council through City Administrator t9~ Frank Sinclair, POTW Superintendent, thru Public Works Director FROM: SUBJECT: Selection of Engineer for Pudding River Basin Area Service Provider Study DATE: November 18, 1993 RECOMMENDATION: It is recommended that the City Council approve the attached resolution for an Engineering study contract which would determine the feasibility of performing septage, sludge, and laboratory services on a regional bases to Gordon Merseth, PE, in the amount of $34,445. (Note: A list of thirteen jurisdictions who will jointly pay for this study is attached. The City of Woodburn's share is estimated at $7,000). BACKGROUND: The City Council agreed nearly a year ago that a regional approach to wastewater issues be investigated. As a result of Council discussion, staff contacted neighboring jurisdictions to determine their interest in a regional wastewater approach for certain services. Twelve jurisdictions have an interest in a regional approach and have agreed to participate and fund a study to determine the concept feasibility and cost effec- tiveness of these services. City has received written cost sharing commitment letter from all but one of the jurisdictions involved. City of Wilsonville being the exception is in the process of getting their councils approval. Jurisdictions have conceptually agreed that any increase or decrease of the cost will be allocated in proportion to the present ratio listed on the attached sheet. The selection of the consultant was made by a committee of the representatives of the jurisdictions and Woodburn was represented in the committee. Mr. Merseth has over twenty years of experience in the wastewater field but the working group will involve Suzanne Crane Engineering and attorney Donna G. Hempstead to formulate the plan recommendations. The process is expected to provide very useful information; however, due to the number of jurisdictions involved, it will move at a slower pace. Rohman, R93-A:\Frank "'t. r' Jurisd. Aurora Brooks Donald Gervais Hubbard Molalla Woodburn Wilsonville Clack. Co. Marion Co. ODOT state Parks Kor Pac. study Cost Estimates 10A PoP. 600 300 300 600 1800 3650 14000 9255 17500 17500 KTE = KOT TO EXCEED EST = ESlfIMATE (11/1/93) Cost KTE $350.00 KTE $144.00 K'J.'E $144.00 KTE $300.00 K'J.'E $864.00 KlfE $2000.00 K'J.'E $7000.00 K'1'E $4500.00 K'J.'E $10.000.00 K'J.'E $10.000.00 PARTICIPAKT KlfE $200.00 K'1'E $150.00 TOTAL $35.652.00 ""t" T 10A COUNCIL BILL NO. /5"rJ::L RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH GORDON L. MERSETH, PE, FOR PREPARATION OF A WASTEWATER FACILITIES PLAN AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the City is engaged in the preparation of a Wastewater Facilities Plan being developed under the guidelines of the Oregon Department of Environmental Quality, and WHEREAS, in the course of initiating this work, the City has obtained the cooperation of nearby communities, including the Commissioners of Marion and Clackamas county in support of this study, and WHEREAS, in order to complete the Wastewater Facilities Plan, a consultant is necessary to perform the needed work and provide findings and recommendations to the City, and WHEREAS, Gordon L. Merseth, PE, has been identified as a consultant capable of providing the services necessary to the City, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City enter into an agreement with Gordon L. Merseth, PE, to provide professional services as a consultant in the preparation of a Wastewater Facilities Plan and that the Mayor is authorized to sign, on behalf of the City, said agreement. Section 2. That a copy of the agreement is attached to this resolution and, by this reference, incorporated herein.^ /J ~ Approved as to for~'~ ~ J t I J 6/'1 'S City Attorney Date APPROVED: Len Kelley, Mayor Page 1 - COUNCIL BILL NO. RESOLUTION NO. "'t' r> NOU 18 '93 12:49 GORDON L MERSETH, PE 512'32332695 .TO: :>I:::l.:i ';;ll:J'::: :>':::':::1 VA AN AGREEl\-fENT TO PROVIDE PROFESSIONAL SERVICES This Aqreement for services (Aqreement) is formed between the city of woodburn, Oregon, ("City") and Gordon L. Herseth, PE ("consu.ltant") . The city is enqaqed in preparation of a Wastewater Facilities Plan beinq developed under the guidelines ot the Oregon Department of Environmental Quality and is interested in developinq information relating to the provision of municipal services to surrounding communities and septic tank users. In the course of initiating this work the City has obtained th~ cooperation of nearby communities and the commissioners of Marion and Clackamas County in support of this study. 'I'o further this work, a consultant has been identified to perform work needed to investigate these issues and provide findings and recommendations to the city. As a result or this, the two parties hereby agree as follows: AGRzmatrr: 1. SCOPE or CONSULTANT SERVICES: The Consultant shall provide services specificallY to the City of Woodburn with those services as set out in Attachment A according to the schedule found in Attachment B. 2. SCOPE O~ CITY SERVICES To assist the Consultant in carrying out its obligations hereunder, the City shall perform the services set out below: (a) Give thorough consideration to all reports, technical memoranda, estimates, proposals, and other documents presented by the Consultant and shall inform the Consultant of all decisions pertaining to these documents in writing- (b) The City shall schedule and moderate all project meetinqa. (c) The city shall monitor prograss of work and advise the Consultant if additional effort is necessary to meet time constraints pertaining to the Facilities Plan work. ""'"" T NOU 18 '93 12:52 GORDON L MERSETH, PE 5l2l32332695 TO: 5l2l3 982 52. 1 OA The city shall perform these services in accordance with the schedule set out in Attachment B. 3. COX'BNSATIOH The city shall pay thQ Consultant for work performed under this Agreement. The payment shall be full compensation for work performed, for services rendered and for all labor, material, supplies, equipment, and incidentals necessary to perform the work. Total compensation under this Agreement shall not exceed thirty four thousand, four hundred forty five dollars ($ 34,445) without written authorization or approval to extend the total contract compensation. 4. BILLING AND PAYKBHT.PROCIDURE The consultant's billing and City's payment procedures shall be a8 set out below: On or before the 25th day of the month, the Consultant may submit an invoice to the city for work performed by the consultant during the preceding month. The invoice shall be based on total number of hours spent by the Consultant on the project, invoices from subconsultants document1nq the hours and expenses incurred by those subconsultants and direct expenses at cost. Payment to the Consultant is due upon receipt of the invoice by the city. If payment is not made within 30 days, interest on the unpaid balance will accrue beginning with the 31st day at the rate of 1.0 percent per month or the maximum interest rate permitted by law, whichever is less. such interest will become due and payable at the time said overdue payment is made. City agrees to assess and pay the late charge without further invoicing from Contractor. In the event the City questions some element of an invoice, that fact shall be made known to the Consultant immediately. Consultant will help effect resolution and transmit a revised iftvoioe as necessary. Amounts not questioned by city shall be promptly paid to consultant in accordance with the above payment procedures. 5. DRLY TBlUIIHATIOlf or AGRBEKElft' The city and the consultant, by mutual written agreement, may terminate this Agreement at any time. The City, on thirty (30) days written notice to the Consultant, may terminate this Aqreement for any reason deemed appropriate in Agreement for Services 2 """" lr NOU 18 '~3 12:52 GORDON L MERSETH, PE 5032332695 TO: 503 982 52. 10A its sole discretion. Either the city or the Consultant may ~erminate this Agreement in the event of a breach Of the Agreement by the o~her. Prior to such termination, however, ~he party seeking the ~ermination shall give to the other party written notice of the breach and of the party's intent to terminate. If the party has not entirely cured the breach within fifteen (15) days of the notice, then the party giving the notice may terminate the Agreement at any time thereaf~er by giving a written notice ot termination. ,. PAYXBN'l' 011 EARLY '1'BIlXI.ATIOII In the event of termina~ion under Sec~ion 5, EARLY TERMINATION OF AGREEMENT, the city shall pay the Consultant for work performed in accordance with the Agreement prior to the termination date plus any reasonable termination expenses incurred. In the event of termination under Section 5, EARLY TERMINATION OF AGREEMENT, by the Consultant due to a breach by the City, then the city shall pay the Consultant as provided above. In the event of termination under section 5, EARLY TERMINATION OF AGREEMENT, by the City due to a breach by the Consultant, then the city shall pay the Consultant as provided in this section, subject to set off of excesS costs, as provided for in section 7, REMEDIES. In the event of early termination, all of the consultant's work product will become and remain property of the city. 7. RIXIIDIIS In the event of termination under section 5, EARLY TERMINATION OF AGREEMENT, by the city due eo a breach by ehe Consultant, then the city may complete the work either itself, by agreement with another consultant or by a combination thereof. In the event the reasonable cost of completinq the work exceeds the amount actually paid eo the Consultant hereunder plus the remaining unpaid balance of the compensation provided under section 3, COMPENSATION, the Consultant shall pay to the city the reasonable amount ot the excess. The remedies provided to the City under Section 5, EARLYTERMINA- TION OF AGREEMENT and section 7, REMEDIES, for a breach by the consultant shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available. In the event of breach of this Aqreement by the City, then the Aqreement for services 3 .,.~ 9'^ NOU 18 '93 12:53 GORDON L MERSETH, PE 5032332695 TO: 503 982 52410A 'consultant's remedy shall be limited to termination of the Agreement and receipt of payment as provided in Section 5, EARLY TERMINATION OF AGREEMENT, and Section 6, PAYMENT ON EARLY TERMINATION. I. CITY PROJ_C! ~QIR The city'S project Manager shall be Frank sinclair or such other person as shall be designated in writing by the Director of Public Works. The Project Manager is authorized to approve work and billings hereunder, to give notices referred to herein, to terminate this Agreement as provided herein and to carry out any other city action referred to herein. ,. COKPLIaBCI WITH LAW. In connection with these activities under this Agreement, the consultant shall comply with all applicable federal, state and local laws and regulations. 10. ORIGON LAW >>lD rORUX This Agreement shall be construed according to the laws of the State of Oregon. Any litigation between the city and the consultant arising under this agreement or out ot work performed under this Agreement shall occur, in the state courts, in the Harion County Court having jurisdiction thereof, and in the federal courts, in the United state District court for the District of Oregon. 11. IXDBMHIFICATIOH FOR PUBLIC LIABILITY &KD PROPIRTY DAMAGE The consultant shall hold harmless, defend, and indemnifY the city and the city's officers, agents, and employees against all claims, demands, actions, and suits (inClUding all reasonable attorney fees and costs) brought against any of them ariainq from the Consultant's negligent or intentional misconduct or subconsultant's negligent or intentional-misconduct arising from the work under the Agreement. 12 . WORKERS' COKPElf8ATION IIl8DRUCK The consultant, its subconsultant's, and all employers working under this Agreement are subject employers under the Oregon workers' compensation law and shall comply with ORS 656.017 which Agreement for services 4 "'t' . ,.. NOU 18 '93 12:54 GORDON L MERSETH. PE 5032332695 TO: 503 982 52" OA requires them to provide workers' compensation coveraqe for all their subject workers. A certificate of insurance, or copy thereot, shall be attached to this Agreement as Attachment 0, if applicable, and shall be incorporated herein. The Consultant ~urther agrees to maintain workers' compensation insurance coverage tor the duration of this Agreeme~t. In the event the Consultant's workers' compensation insurance coverage is due to expire during the term of this Agreement, the Consultant agrees to timely renew its insurance, either as a carrier-insured employer or a self-insured employer, as provided by Chapter 656 ot the Oreqon Revised Statutes, before its expiration and the Consultant agrees to provide tha City such further certification ot workers' compensation insurance as renewals of said insurance occur. 13. AS8:rG!OCEBT The Consultant shall not assiqn this Agreement, in whole or in part, or any right or obligations hereunder, without the prior written approval of the city. 14. ZJmEPENDDIT COJITRACTOR STATUS The Consultant agrees that: (a) The Consultant is engaged as an independent contractor and will be responsible tor any federal, state and local taxes and fees applicable to payments hereunder. The Consultant, its subconsultants, and their employees are not employees of the city and are not eligible tor any benefits through. the City including, without limitation, federal social security, health benefits, workers' compensation, unemployment compensation, and retirement benefits. (b) 15. NOTICE Any notice provided for under this Agreement shall be sufficient if in writing and delivered personally to the following addressee or deposited in the United State Mail, postage prepaid, ~ertified mail, return receipt requested, addressed as tollows, or to such other address as the receiving party hereafter shall specify in writing: If to the City: Frank Sinclair City of Woodburn 270 Montgomery street WOOdburn, OR 97071 Agreement for Services 5 ""... " NOV 18 '93 12:54 GORDON L MERSETH, PE 51332332695 TO: 5133 982 52'1 OA If to the consultant: Gordon Merseth, PE P.O. BOX 82746 Portland, OR 97282 1'. 8BV&aABIL%TY If any provision of this Agreement is found to be il18gal or unentorcea~le, this Aqreement nevertheless shall remain in full force and effect and the provision shall be stricken. 17 . III'1'BGD'1'IOJl This Agreement contains the entire agreement between the city and the consultant and supersedes all prior written or oral discus.ions or agreements. 18. I'UJlD8 The city certifies that sufficient funds are available and authorized for expenditure to finance the cost of this Agreement. 19. COKXEHCIXU'r or wou The consultant agrees that work being done pursuant to this Agreement will not be commenced until after: (a) Workers' compensation insurance is obtained, as outlined in section 12, WORKERS' COMPENSATION INSURANCE; and (b) This Aqreement is fully executed by the parties and approved by the city Attorney's Office; and, 20. DIIrl'ElfA)lCI or RECORDS The Consultant shall maintain records on a current basis to support its billinqs to the City. The City or its authorized representative shall have the authority to inspect, audit and copy, on reasonable notice and from time to time, any records of the consultant reqardinq its billings or its work hereunder. The- Consultant shall retain these records for inspection, audit and copying tor three (3) years from the date of completion or termina~ion of this Agreement. Z 1. AUDIT OF PAYMPTS The city, either directly or through a designated representative, Agreement for Services 6 "'T"' r- NOU 18 '93 12:55 GORDON L MERSETH, PE 50323325'35 TO: :J1:::l-S '::ll:l~ :J~41 UA may audit the records ot direot costs and expenses of the Consultant at any time during the three (3) year period es~ablished by Section 20, MAINTENANCE OF RECORDS. If an audit discloses that payments to the Consultant under Section 3, COMPENSATION, and Section 4, BILLING AND PAYMENT PROCEDURE, were in excess of the amount to which the Consultant was entitled, then the Consultant shall repay the amount of the excess to the city. 22 . LIABILITY IIISURAJfel The Consultant shall maintain public liability and property damage insurance that protects the Consultant and the City and its office~s, agents and employees from any and all claims, demands, actions and suits for damage to property or personal injury, inclUding death, arising from the Consultant's work~nder this Agreement. The insurance shall provide coverage for not less than $200,000 tor personal injury to each person, $500,000 for each occurrence, and $500,000 for each occurrence involving property damage; or a 8ingle limit policy of not less than $500,000 covering all claims per occurrence. The limits ot the insurance shall be subject to statutory changes as to maximum limits of lia~illty imposed on municipalities of the State of Oregon during the term ot the Agreement. The insurance shall be without prejUdice to coverage otherwise existing and shall name as additional insureds the city and its officers, agents and employees. Notwithstanding the naming of additional insureds, the insurance shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. The coverage must apply as to claims between insureds on the policy. The insurance shall provide that the insurance shall not terminate or be canceled without thirty (30) days written notice tirst being given to the City Auditor. If the insurance is canceled or terminated prior to completion of the Agreement, the Consultant shall provide a new policy with the same terms. The Consultant agrees to maintain continuous, uninterrupted coverage for the duration of the Agreement. The insurance shall include coverage for any damages or injuries arising out of the use of automobiles or other motor vehicles by the Con8ultant. The Consultant shall maintain on file with the City Reco~der a certificate of insurance certitying the coverage required under subsection (a). The adequacy of the insurance shall be subject to the approval of the City Attorney. Failure to maintain liability insurance shall be cause for immediate termination of this Agreement by the city. Agreement for Services 7 '"'I" Tq NOU 18 '93 12:56 GORDON L MERSETH, PE 5032332695 TO: 51213 982 52.:: 1 OA consultant and City waive all rights of subrogation against each other and their directs, officers, partners, commissioners, officials, agents, Bubconsultants, and,employees for damages or loss covered by property insurance dur1ng and after the , completion of the Services, but only in so far as such party 1S compensated by such insurance for such loss or da~age. 2 3 . .aBACK 01' AGa.UDl'l' The city or the consultant shall breach this Agreement if it fails to perform any substantial obligation under the Agreement, except that, neither the city nor the consultant shall have breached this Agreement by reason of any failure to perform a , substantial obligation under the Agreement it the failure arises out of causes beyond its control and without its fault or negligence. Such causes may include, without limitation, acts of God or the public enemy, acts of the federal, state or loca~ gover~ents, tires, floods, epidemics, volcanic eruptions, earthquakes, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. Should either the city or the consultant fail to perform because of a cause described in this SUbsection, the city and the consultant shall make a mutually acceptable revision in Section 1, SCOPE OF CONSULTANT SERVICES, Section 2, SCOPE OF CITY SERVICES, or section 3, COMPENSATION. 2~. AllBITRA'1'IOJf Any dispute arising out of or in connection with this Agreement, which is not settled by mutual agreement of the Consultant and the city within sixty (60) days of notification in writing by either party, shall be submitted to an ar~itrator mutually agreed upon by the parties. In the event the parties cannot agree on . the arbitrator, then the arbitrator shall be appointed by the Presiding Judge (civil) of the circuit Court of the state of Oregon for the County of Marion. The arbitrator shall be selected with thirty (30) days from the expiration of the sixty (60) day period following notification of the dispute. The a~bi~ration, and any litigation arising out of or in connection w~th this Agreement, shall be conducted in Woodburn, Oregon, shall be governed by the laws of the state of Oregon, and shall be as speedy as reasonably possible. The applicable arbitration rules tor the Karion county courts shall apply unless the parties agree in writing to other rules. The arbitrator shall render a - decision within fortyfive (45) days of the first meeting with the consultant and the City. Insofar as the consultant and the City legally may do so, they agree to be bound by the decision of the arbitrator. Notwithstanding any dispute under this Agreement, whether before or during arbitration, the Consultant shall continue to perform undisputed portions of the work pending resolution of the Agreement for Services 8 'lIf' " NOV 18 '.93 12:57 GORDON L MERSETH. PE 5032332695 TO: ::Jk:l.:i 'j1:J~ ::J~. 1 OA dispute, and the city shall make payments as required by the Agreement for undisputed portions of the work. a 5 . aIUI)11)XBlt'f8 The city and the consultant may amend this Agreement at any time only by written amendment executed by the city and the consultant. Unless otherwise provided, any amendment that increases the amount of compensation payable to the Consultant must be approved by resolution of the City council. The Project Manager may agree to and execute any other amendment on behalf of the city. Any change in the Scope of Consultant services shall be deemed an amendment subject to renegotiation of the compensation and schedule for the project. 2'. PROGRESS RSPORTS The consultant shall provide monthly progress reports to the project Manager. Each progress report shall contain the following information: Names of individuals involved, work completed, work anticipated for next reporting period, billing status, update in schedule, and any requests for information that are outstanding- 27. PAYXDrl'S '1'0 VBJO)OU AItD 8UaCOKSULTUT8 The Consultant shall pay all suppliers, lessors and contractors providing it services, materials, or equipment for carrying out its obligations under this Agreement in a timely manner. The consultant shall not take or tail to take any action in a manner that causes the city or any materials that the Consultant provides hereunder to be subject to any claim or lien of any person without the City'S prior written consent. 28. 8TUDUD 01' CARll The standard of care applicable to Consultant's services will be the degree of skill and diligence normally employed by prOfessional enqineers performing the same or similar services. The Consultant will repertorm any services not meeting this standard without additional compensation. 2'. OPI.IO. O~ COST, FINANCIAL CONSIDERATIONS, AND SCBEDULBS In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the project, the Agreement for Services 9 """' Y' NOU 18 '93 12:57 GORDON L MERSETH, PE 512132332695 TO: 5l21~ 982 52 1 OA consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, the consultant makes no warranty that the city's actual project costs, financial aspects, economic feasibility, or schedules will not vary from the Consultant's opinions, analyses, projects, or estimated. 30. COHSIQOBNTXAL DAMAGES The fullest extent permitted by law, Consultant shall not be liable to City for any indirect, or consequential damages resulting in any way from the performance of the work. 31. TRXRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Consultant. U'RonD BY ftB eOIlSULTUT: By: Title: Consultant: Date: Tax ID No. 543-46-6669 APPROVED FOR THE CITY O~ WOODBURH: By: Name: Title: Date: Agreement for Services 10 "'T' , 108 MEMORANDUM TO: Mayor and City Council Though: ~hris Childs, City Administrator FROM: Q13VNevln Holly, Director Recreation and Parks SUBJECT: Pool Schematic Design Review DATE: November 17, 1993 Progress on the Pool Construction Project has continued. A public meeting was held at the Community Center on Wednesday, November 10 to inform the general public of our current pool construction plan and to receive public comment. Approximately 40 citizens attended the meeting. Pool Consultant Don Carey shared the schematic phase designs which you have previously reviewed. The meeting was extremely positive with only constructive comments being expressed. Staff has continued to work with Mr. Carey on design specifications, construction cost and operating budget. The Woodburn Pool Committee met on Wednesday, November 17. The Committee continues to explore private and corporate funding and is in the process of developing a public education plan. Tonight Mr. Don Carey will present the Council with the final schematic phase design. The presentation will include the Pool Concept Design, the Pool Ughting Plan, the Piping System and the Mechanical Room Layout. It is imperative that the design proposed tonight have your input. The next phase is the construction document phase and it is more difficult to change design schemes during that phase. Also, we will identify more exact cost estimates this evening. These estimates will be used as the construction costs throughout the remaining process. Finally, Mr. Carey will provide you with operating cost estimates. These estimates will be based on comparative operational costs of like facilities as well as taking into effect revenues which will likely be generated in operating such a pool complex in Woodburn. A representative from the Pool Committee may give a brief report. At the conclusion of the meeting tonight a copy of the schematic phase design documents will be available for your reviewing in the City Administrator's Office. If you have a question, please call me within the next couple of weeks. "'T". . ,. 10C TO: FROM: Mayor and City Councilors through Chris Childs, City Admin?l!.strat Linda Sprauer, Library Director November 18, 1993 DATE: RE: Library Earthquake Repair Bids This Library repair project sought a contractor to: repair and repaint interior walls at the library due to both water damage from the leaking roof and from the earthquake; repair cracks in the concrete floor due to the earthquake and replace the carpeting; and to repair the chimney on the old portion of the library damaged in the earthquake. The library budgeted approximately $15,000 to add to the $20,245 received from FEMA, for a total of $35,245 to accomplish this work. On November 5, 1993 sealed bids were recei ved for advertised project. Two (2) complete and one (1) partial were received. They are as follows: the bids Company K-2 CONSTRUCTION 2008 Ptarmigan St. NW Salem, OR 97304-2804 503-399-0914 Contact Person: John Eibert ~id Amount $ 212,000 PARAGON CONSTRUCTION 10550 SE Knight St. Portland, OR 97266 503-775-4606 Contact Person: Gene Kozowski $ 175,000 FLECK'S FLOOR COVERINGS 695 S. Pacific Highway Woodburn, OR 97071 503-982-8241 Contact Person: Harold J. Fleck $ 26,591.34 (partial) + labor RECOMMENDATION: I reconmend that none of the bids be accepted. I will be pursuing other options for funding of the project. Consideration will be given of portions of the work which might be accomplished by other means. A new bid package will be prepared for advertisement at a later date. ",,"' Y 10D Memo Date: November 18, 1993 To: City Council Through Public Works Director From: Assistant City Engineer ~ Astor Way Well, Bid No. 94.03 Subject: Recommendation: The low bidder, Daneal Construction of Tualatin be awarded contract for construction of Astor Way Well House in the amount of $168,807.00. (Note: The payment for contract will be made from Water Well Construction Funds budget line 66-660- 745.001 ). Background: Properly advertised bids were invited and opened at 11 :00 a.m., Tuesday November 16,1993. Astor Way Well had four bidders: Daneal Construction Stettler Supply Paul Brothers John Arnold Co. $168,807.00 $209,607.00 $249,638.00 $302,350.00 Engineers' Estimate $129,800.00 Astor Way Well Project authorizes construction of a well house complete with pump, motors, electric controls, and telemetry. Landscaping around house is also included. The well is expected to produce 1,000 gallons per minute. It is obvious that the Engineers' Estimate included herein is too low. The estimate, when first calculated, was $160,00.00, based on McMahon Heavy Construction Manual and local rates. However it was further reduced prior to the day of bid opening. It appears that the original estimate was correct and low responsible bic!der is not out of line. - Staff does not expect lower bid numbers if project were to be re-advertised and re-bid. "'t"" . ".". 10E MEMO Da~: November 18, 1993 TO: City Council through Public Works Director FROM: Assistant City Engineer ~ SUBJECT: Nazarene Well, Bid No. 93-12. Recommendation: It is recommended the only bid received for this project be accepted; it is in the amount of $40,659.00. (Note: Payment to be made from water CIF budget line 62- 620-722.001, $30,000.00 and well improvement budget line 70-700-713.015, $10,659.) Backaround: Nazarene Well Project authorizes removal of existing pump components, electric motors and some electric control equipment. Existing pump components will be refurbished, new pump bowls installed, and a new electric motor will replace existing motor. Also, there will be new electric controls. Bid Results: Stettler Supply (Salem) Engineers' Estimate $40,659.00 $38,800.00 'lIt" ., 10F MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator ~ SUBJ.: F. Y. 1994-9 5 Total Levy Authority Figure for Certification to County Tax Coordination Process DATE: November 18, 1993 RECOMMENDA nON: That Council, by motion, authorize staff to certify to Marion County on December 7, 1993 a Total Levy Authority figure for F.Y. 1994-95 of $3,145,431. BACKGROUND: A meeting of the city's budget committee is scheduled immediately prior to this Council meeting to review staff's recommendation concerning the Total Levy Authority number. Council members, in their dual role as members of the budget committee, are aware of the recommendation, have received copies of the memo provided to the budget committee, and should, at this point in the agenda, be aware of the budget committee's endorsement or modification of the recommended figure. The explanatory memo is provided again for reference as an attachment to this memo. '!It" , 10F MEMO TO: FROM: Woodburn Budget Committee Chris Childs, City Administrator taV SUBJ.: Tax Coordination Plan - '94-'95 Levy Estimate DATE: November 17, 1993 RECOMMENDATION: That the Woodburn Budget Committee, and subsequently the Woodburn City Council, adopt the sum of $3,145,431 as the Total Levy Authority for Rscal Year 1994-95 to be certified to the Marion County Board of Commissioners on December 7, 1993. BACKGROUND: Chapter 424, Oregon Laws 1993, reinstated the so-called "Local Government Tax Coordination Process". This is essentially the same process that was followed in the first budget year after Ballot Measure 5 (1992-93), but was not a factor in last year's budget process (1993-94). However, even in that instance the City of Woodburn did consider and approach the issue of "Total Levy Authority" as if the process had been continued. Pursuant to the recent legislation, the Marion County Board of Commissioners has scheduled a meeting on December 7, 1993 to receive Total Levy Authority estimates from all taxing jurisdictions in the county. Failure to provide such an estimate will prohibit that entity from placing any tax measure on the ballot for F.Y. 1994-95. City staff will present an agreed upon Total Levy Authority for the City of Woodburn at that time. "Total Levy Authority" deals 2llIY with the city's ability to legally ~ certain property taxes; it bears no relationship to what the city might stand to collect as a result of those levies. As the Budget Committee will recall, some 22-28% of each year's property tax levies have been lost to Measure 5 "compression". The net result of this has been to keep the average taxpayer's bill constant at $10 per $1,000 for General Government purposes. Similarly, "Total Levy Authority" deals only with the l212l amount to be levied by the entity. The amounts to be levied within that total will be identified within the 1994-95 budget document and subject to further review by the city's budget committee. Accordingly, the "Total Levy Authority" figure should~ represent a maximum number, aimed at being as accurate as possible, but nevertheless allowing roomJocome in at a lesser amount in the final analysis. """' " 10F Page 2 - 1994-95 Total Levy Authority (11/17/93) The 1994-95 Total Levy Authority recommended above consists of two components, the first being the city's collective operating levies. Since the advent of Ballot Measure 5, it has been the city's policy, which has been underwritten by the voters in terms of levy approval, to increase the Total Levy Authority by 6% annually. Continuation of this policy results in a figure of $2,886,931 for F.Y. 1994-95. This policy has maintained parity with competing entities in the General Government area, such that our relative share of the so-called "$10 pie" is not reduced, nor is it disproportionately increased at the expense of those competitors (Marion County, Woodburn Fire District). This component of the Total Levy Authority is completely cost-neutral for the taxpayer; he or she will still pay the same $10 per $1,000 for General Government purposes that has been the case since Measure 5. The second component of the recommended Total Levy Authority is an allowance for passage of a general obligation bond to fund the aquatic center design concept selected by the Council. This is a worst-case scenario based on a sum of $258,500 annually needed to fund a 10-year bond payout. A more precise number will be determined over the next two months, and would be affected by any changes in project cost, length of bond term, interest rate and associated bond costs. However, I believe that our $258,500 estimate is a reasonable one for tax coordination purposes, given the large number of variables which any estimate must consider. The ultimate "check and balance" in this regard is that illY: G.O. bond levy will first have to be approved by the city's voters. The preceding "worst-case scenario" takes the total project cost estimate ($1,975,000) and subtracts available FEMA funds ($200,000) and the city's required matching funds for FEMA participation ($66,000), leaving an unfunded principal amount of $1,710,000. The estimate includes allowance for associated bond costs at a maximum cost of $200,000 and an interest rate we consider reasonable, amortized over a ten year period. However, it does mtt reflect the prospect of funding from other sources or the possibility that the total. project cost might be reduced through cost-cutting measures of some sort, either of which could drive the total amount of the bond issue down. The final configuration of any such bond levy will most likely be less than this worst-case estimate. (continued) """"' ' ..'" 10F Page 3 - 1994-95 Total Levy Authority (11/17/93) SUMMARY: Various considerations in developing the recommended Total Levy Authority figure have been explored in the WBackgroundW section above. Based on those considerations, this figure can be fairly simply summarized as follows: Lew Tvoe/Program F.Y. 1993-94 F.Y. 1994-95 Levy Within Tax Base $197,227 $209,060 1-Yr Operating Levy $1,484,596 tba Library Cont. Levy $441,589 tba Park/Rec. Cont. Levy $600.108 tba Total Subject to limitation $2,723,520 ( + 6%) = $2,886,931 Plus POSSe G.O. Bond Levy nla $258.500 TOTAL LEVY AUTHORITY $2,723,620 $3,145,431 - - ~.-- "'t". r 10G MEMO TO: City Council through City Administrator FROM: Dean Morrison, Assistant City Engineer SUBJECT: Acceptance of Sewer line Easement within Toepfer's _tI All Creatures Investment Co. tI boundary DATE: November 16, 1993 RECOMMENDATION: That the Woodburn City Council accept the sewer line easement duly signed by the property owner and received by the city. BACKGROUND: This easement is 15 feet wide along the N.E. Property line; south of Wilson Court, and 30 feet wide along the most North boundary, for a distace of 213.5 feet. List of signed easements: 1. Norman J. Toepfer and Mildred P. Toepfer, his wife. -1- EASETOEPFER. "., "". r SANITARY SEWER EASEMENT ; 10G KNOW AIL MEN BY THESE PRESENTS, that Norman J. Toepfer and Mildred P. Toepfer, for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, a permanent easement for sanitary sewer line purposes located in that parcel of land; Tax Account No. 43351-000, Marion County Deed Records and is situated in Section 8, Township 5 South 1 West, Wtllamette Meridian, Marion County Oregon, said easement being a IS-foot wide utility line easement along the N.E. property line, and 30 foot wide along the most North boundary, and more particularly described as follows: Beginning at the Northwest comer of a certain tmct of land deeded to Norman J. Toepfer and Mildred P. Toepfer, his wife, recorded in Reel 91 page 391, that point being approximately South 2crw 770 ft from the monument marking the intersection of Hawley and Cleveland Streets, thence North 800s5'East 133.65 ft, thence South roo36'East 213.50 ft, thence South 29"24'West 20 feet, parallel with mghway 99 E., thence North roo36'West 190.50 ft, thence South 800 5S'West 101.00 it, to the Southwestern property line, thence North 60"36' West 49 ft, more or less, to the point of true beginning for this easemenL with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, a sanitary sewer pipeline or pipelines, with all appurtenances incident thereto or necessary therewith, . in, under and across the said premises, and to cut and remove from said right~f-way any trees and other obstructions which may endanger the safety or intcrfClC with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHAlL, upon each and ~ occasion that such sanitary sewer facility is constructed, maintained, .replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvement distUIbed by the City, to as good condition as they were in prior to any such installation or , work, but if not practicable, then pay to Grantors reasonable compensation. THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways, driveways, planting, and related purposes, and all sanitary sewer facilities shall be at a depth consistent with these purposes. EXCEPTION: No structure shall be placed within the easement, or within 45. projection upward from the bottom of the pipe. -~~ ~./..j.Q v J~..J RED P. TOEPFER STATE OF OREGON ) ) SS COUNTY OF MARION ) On this the ~ day of lJotJ(mbet 1993, before me a Notary Public in and for the County and State personally appeared. Norman J. Toepfer and Mildred P. Toppfp,. known to me to be the same person(s) whose names are subscribed to the within instroment and acknowledged that they voluntarily executed the same for the purpose therein contained. Before me: ~ '.L/It1 ~ "'^ d /'I --" ARY pUiuc FOR OREGON My Commission Expires: 6-19-94 TOEPFER. S\IR "'T" r- 14A MEMO TO: Mayor and City Council through City Administrator FROM: Planning Commission ~LG. SUBJECT: Site Plan Review 93-15 Woodburn Fertilizer At their hearing of 10 November 1993, the Planning Commission approved, with conditions, Woodburn Fertilizer's proposal. I. APPLICANT: Woodburn Fertilizer PO Box 7 Woodburn, OR 97071 II. NATURE OF THE APPLICATION: The applicant wishes site plan review approval of two additions to the existing Woodburn Fertilizer wholesale operation. One addition is 4,140 square feet to building number 6 which is used for small bag processing. The second addition calls for 2,400 square feet to be added to bulk storage building number 7. III. RELEVANT FACTS: The site is located at 868 North Front Street. The subject property can be identified specifically on Marion County Assessor Map as Tax Lot 10800, 5S, 1W, Section 70e. There is approximately 2.92 acres and the entire site is Zoned Light Industrial. The site currently contains the existing Woodburn Fertilizer operation which includes various buildings for the storage, packaging, and sale of fertilizer, feed and other derivative products (see site plan). The applicant wished to construct a 4,140 square foot addition to the small bag fertilizer processing building number 6. The second addition being proposed is for 2,400 square feet to be added to building number 7 which will be utilized for the storage of bulk fertilizer. .:wdfet't """ T" I FENCED AREA i 45' I 1 l---- PROPERTY L b __" 1 - FENCED ARE I ; e. ill i ~ ~ I fl!... ./~~,,=~~j"'i~'" ~,',.J :i.&&$iG&&e&e~"""" .... I- Z () (Y lL OFFICE BLDG 2 .....- . --\ t. \ CHEMIC BLDG SEED BLDG 3 8 WHSE BLDG 5 60lXl .r \\. a <( o [i! ~ H <( [i! V H LL H V <( Q.. Z [i! W I t- :::> o {fJ ~'\'" EXIST 9LOG m ... I!l III t- W W [i! t- {fJ t- Z o [i! LL '"U..l-'- -' ]4A i i ; ; j I ! I .u ,.......0 L ...../ II SHO~ i ~ i IABOVE GROUND 1 ......... \!..C:/OTJ:'C+I I J ! BLDG r\ ---!..:., iUJJ ! ! I I 6 .'. & v........ ''''-4- . . .1 . .-' IN CONCRETE CONTAINl"ENT .... ." "". .," 148 MEMO TO: Mayor and City Council thru City Administrator FROM: Planning Commission ~ t <: SUBJECT: Site Plan Review #93-19 Conditional Use #93-02 School Bus Services DATE: November 18, 1993 At their hearing of November 10, 1993 the Planning Commission approved, with conditions SPR #93-19 and C.U. application #93-02. A. APPLICANTS: School Bus Services, Inc. 1625 SE Hogan Road. Gresham, OR 97080 B. PROPERTY LOCATION: 2205 National Way SW Corner of National Way cui de sac. See Map I c. LAND USE DESIGNATION: Comprehensive Plan Map Designation of Industrial, Zone Map Designation of IP (Industrial Park) District. D. ALLOWABLE USE: Bus storage and maintenance facilities (charter, local, highway, school) are allowed if approved under the conditional use criteria. E. APPLICANTS STATEMENTS: The purpose of this project is to install a 45'X72' metal building on this location to use as a school bus repair shop as indicated on the attached drawings. The entire lot excluding the area to be leased to Morgan Drive Away for mobile home storage is to be paved or landscaped. The metal building is to be situated as indicated to allow for future possible office installation on the North side which would be toward the street access. It should provide no additional impact on adjacent uses except that the bus maintenance which is presently taking place across the street. will be taking place on site. -.r-. ',..- 148 Page 2 The present grass, shrub, tree and bark landscaping will remain in place with new landscaping to be installed as indicated. The landscaping will be closest to the street access and provide an enhanced appearance to the general public. It will have no negative impact on adjacent uses. There will be no change in the access to the property from current operating conditions. These conditions have provided adequate access and with the narrow lot width at the street there do not appear to be any other options. DEQ has been notified of the use of the facility and storm drainage and will comply with their requirements. The bus washing area will comply with the City of Woodburn sanitary sewer requirements including an oil-water separator. The building design will provide fiberglass panels for natural light thereby encouraging energy conservation. The building will comply with all ordinances in location and appearance and will provide a more pleasing view for the Industrial Park. Since there are several similar metal buildings in the Industrial Park, this building will fit in quite nicely. The red metal with white trim will be a positive addition to the neighborhood. F-userlst-site "'T' f' [RIA.L 148 SLOCK LOT Z LOT (( ~o. I\{ LOT .., ~O"~~ ~. ~ ~ ~. <r,"\ ~ .L ~.s ,v'(," 0" ~.,. "" ,~,v' ~ ~ ~+ o-v.r~ ""<::)" V ~ ~~ q 0:' ~" ~o ~~ ~ ~~~q~+ ...~. ~ ~ -o~~ ~~ ~ . ~ ~~ oq,.., 'V #'~~ 0 Ofb~~ ~,,~~ ~~J.~4- ,,'"\ """"" O' ~ .~~" 0(.. ~<o 01' ~ ~~~ .~~~ 0 ~ ~~~ ~" "v, v' ~ o ~ ~o' ~~ ,~ ..,~ ~. +Jqj /.. .,~ .~<o ":'.I' o~ . '\~ ",0. 0.' c:, . ~ S S6'o +"'....., S.9" /4- .4t <" -c?>.. 4- s.S-vo' co'; <0' ~ oJ -Vo .I'S" . <0:('('", S-c? >' .....9::;~e. , " >"", ~ -Vs ~ , Ss. -VS"".9" " ' -l- 6'0 '.J6'" ~ "-'...." ~ rARce.. ~~~ Ss- <.c'/ <" ..,n,\t 1 1.89 ACP""S ~-t'"<'t 061~~ . '\ . ., " · "\C. "'<: '" ~.c....~--:. . "S ....tJ@ ~Z'~; '+: "-C' ~s ,-.:- coocC- s\.o<:tt <) +<'.,.~&'~ 0(-: .<) ...<0.. t(OuSt: ...~It" 0( , <'; ...<~ <v,... S.O~" E 2.92.."'"' u$.~ t(ScOO -- _ _~ ,o..fIJIC.~SS "::---2.u. 68 ~ ",3.: __ 2.",9.8\ . 8~08 0:' E ~J - ^ ~/'-f.A."/I..C...CIo." / ./ ) / /"- <<.E.. CO<<.. l.OT, . '/,. "'. ~ ....... ...., ~ <.~"r -<..\o~ QQ\ 0< .PARK IT '0 " u)T~ ~-u" -/r,-cu YCfCc:t:<< ~\.s . ,~- s"'."z",z7E: on,. ..~ ~ P' "/ ~ ~ / LOT .( RES \",,,, S-<"~ ,~'V~ \O~ ~\..... ~'V 5.36" ) -- ". ~/8- l.ft. -/PL C/..P -'0,,$01<- <C.s. 280<~1 5'?/I~~.J.. .B U> ~er7.lV/ces 5h'1Pp/~/" DCVEL(;,D,.f-1Fx,rr ~~!J" N 1'1 nlJAJ A,- 'W.A ~ W~()/)~P,eA), ()~.. 9707/ 29l60" S.t.CORlOT I. ...... TOP eXII/~/T /18" V A/J//lAKE /J.p,DVCA-nL).J -- I USe- ,,?-/>,o. Mf\? I """,,' ',- ~f ~ ~ c !. ifi i' r:: 2- l : I : i , t ~ i ~ . ~ f ~ o i s 4@ ~ i f ~ ! E [ i . [ rn ~o !! ~ ~~ E ~; ~ a.~ 9- ij~ i i ii OJ~ I'V U) U) )>0 I\) ~ ~O ~ -l 0 00 Ul m I 0 OJ :z: 0 0 U)C )> m r .........;:0 -i :z: -i < m ~ ......... m OJ 0 C -00 :z r U) r ;:0 )> 0 )>m r -0 U) 3: z: C) ~ m m 0 :z: ;:0 :z: )> -i < -< ~ ...... 0 (S) ill m "- 'J U) ...... (S) ~ 'J "- ill W illdVW 148 . r-~--- H :~ I I I . I I Ci I . ~ I I ~ I . ~ I I I : LJ -r-'~--- ----.-------------.---- . & -.---. I ~ . } ! ~ I ~ . I . I ~ < !. "tI ~ Q II .... ~ ~ ~ 0 ~ III i! !;; '" > : ~ ~ "!! 218' r:: "9- ot ~ ~ .- CX> -'!: """ .r 15A TO: The City Council through City Administrator FROM: Public Works Director ~ OJ 9-. ~I ~- SUBJECT: Woodburn's Wastewater Load Discharge Allocation to Pudding River NOVEMBER: November 18, 1993 The pollutant discharge allocation, generally referred to as Total Maximum Daily Loads (TMDLs), has been finalized by DEO and approved by EPA. The city is expected to receive a formal letter within the next few days. The formal letter will start the time clock for the completion of certain activities as outlined below: 1. Completion of facilities planning: 12 months - (Note: Council decision on major issues at appropriate time will be necessary for the completion of facilities plan). 2. Completion of engineering plan: 18 months after the approval of facilities plan. 3. Contract award for construction: 6 months after completion of engineer- ing plan: i.e., 24 months from facilities plan approval. 4. Completion of construction: 44 months from approval of the facilities plan. 5. Attain required operational level: 50 months The Wastewater Advisory Committee is actively working on this important project. City technical staff will meet with CH2M Hill and DEO to discuss issues and inform the committee of facts on December 20, 1993. No doubt that council workshops will be needed to provide guidance to the advisory committee. Soon we will be requesting for a combined workshop between the advisory committee and the City Council. In the past few years, City Council has held workshops on the wastewater issues. Prior work will facilitate to move the process along and completion of facilities plan in the next 12 months should not be a problem. The request for workshop date, possibly for January, will be brought to the Council in the first meeting of December. F:UMfIF,--. -.r' 'T' 158 City of Woodburn Police Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345 Ken Wright Chief of Police Date: November 12, 1993 To: Mayor and Council Thru: C. Childs, City Administrator Subject: Staff Report - Curfew Enforcement At the November 8 Council meeting, Councilor Sifuentez requested curfew enforcement information and mentioned the Law Enforcement citizen committee. I advised that I would provide this staff report at the next council session. The police department enforces juvenile violations in accordance with the State Law. We, the city, has no -special" city ordinance. The state of Oregon retains jurisdiction of juvenile offenses except for minor traffic violations. What this means is that, except for minor traffic violations, all juvenile violators are cited to Marion County Juvenil~ the Municipal Court has no jurisdiction to hear cases involving juvenile offenders. Curfew The police department has enforced curfew violations with state law. I am providing a copy of ORS 419.710 - 419.760 for your edification. Incidents of curfew for the years 1988 - 1992 and 1993 year to date are as follows: 1988 1989 1m 1991 1m 1993ytd 28 22 34 40 27 25 (as of August 31) A more alarming statistic are the increases of reported Runaway Juveniles. 1988 1989 1990 1991 1992 1993ytd 56 83 70 79 95 78 (as of August 31) What Happens What happens when the police take into custody a juvenile for a Status offense. The officer calls the parent to the location of the incident to take their son\daughter home. The officer then submits a report to the Marion County Juvenile. Juvenile then will send a letter to the parents of the juvenile telling them of the incident and that they (the parent) needs to be more mindful of the their child. This is the procedure for the first through the fiftieth offense. The child cannot be locked-up for a status offense. ~,., .',. If the parent refuses to come pick-up their son\daughter the officer will transport them home, if the childs address is within the city. If the juveniles' address is outside the city limits the officer can (1) transport to JDH in Salem or (2) release the child. 158 There has been discussion by the Law Enforcement committee of a curfew ordinance for different age groups of juveniles. This would be acceptable but, it must be noted that the procedure and punishment (or lack thereof) would be the same. Another possibility is developing an ordinance that would make the parent subject to an offense when a juvenile is cited. This is in its earliest stages of discussion and has not reached the stage of research and development on paper. Not to provide the council with information overload but, the following chart shows total arrests of adults and juveniles for offenses for the years 1990 - 1993ytd. 323 1225 l22Z 366 1249 1993ytd 1m .122l Juv Adult 327 as of August 791 as of August I hope the above information brings the council up to date and answers your questions. Should you have further questions please contact me. B:CucIjuv .rpt 2 .-- 'r' ......03:r -~o.3<o-a:'O"o.N'~'" "'o~"''''2''>-'''t:lO-'''t;j'''''''~3''''''''0. "'33'O":r-:E 0. 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