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Agenda - 05/28/1991CITY OF `270 Montgomery Street · WOODBURN Woodburn, Oregon 97071 · 982-522'2 AGENDA WOODBURN CITY COUNCIL MAY 28, 1991 - 7:00 P.M. CALL TO ORDER AND FLAG SALUTE ROLL CALL MINUTES Ao City Council minutes of Public Information Meeting of May 6, Council meeting of May 13 and special meeting of May 20, 1991. B. Woodburn Comeback Campaign minutes of May 14, 1991. 3A 3B Bm g Page APPOINTMENTS AND ANNOUNCEMENTS A. Announcement Woodburn Police Department Open HouSe- June 8. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Comeback Campaign COMMUNICATIONS A. Written - None BUSINESS FROM THE PUBLIC (This allows public to Introduce Items for Council consideration not already scheduled on the agenda.) PUBLIC HEARING A. West Hayes Street Right-of-Way Vacation. I - WOODBURN CITY COUNCIL AGENDA - MAY 28, 1991. 4_AA 8A 10. 11. TABLED BUSINESS GENERAL BUSINESS A. Council Bill '1303 - Resolution entering into contract for audit services. Council Bill 1304- Resolution authorizing consulting agreement for technical and professional services. C. Authorization for Marion County Building to establish satellite operation in City Hall. D. Award of Bid: Water pipe. E. Award of Bid: Asphalt overlay on Umpqua Rd. F. Call meeting of Cable TV Advisory Board. APPROVAL OF CLAIMS 10A lOB 100 10D 10E 10F 12. PUBLIC COMMENT 14. 15. 16. 17. NEW BUSINESS SITE PLAN ACTIONS STAFF REPORTS A. "FIREWORKS" Staff Report. MAYOR AND COUNCIL REPORTS 15A 20. ADJOURNMENT Page 2 - WOODBURN CITY COUNCIL AGENDA - MAY 28, 1991. COUNCIL MINUTES PUBLIC INFORMATION MEETING WASTEWATER FACIUTIES DRAFT PLAN MAY 6, 1991 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CiTY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 6, 1991. CONVENED. The Council held a public information meeting at 7:00 p.m. with Mayor Kyser presiding. 0014 ROLL CALL Mayor Kyser Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Absent Councilor Sifuentez Present Councilor Steen Present PUBLIC INFORMATION MEETING - WASTEWATER TREATMENT PLANT DRAFT FACILITIES PLAN. Mayor Kyser urged the citizens in attendance at the meeting to ask questions and express their opinions on the options available w'ff~in the draft plan. He stated that the Council will then review the information gathered from this meeting and make a decision on the type of treatment system at a later date. 0537 Nancy Jerrick, Public Involvement Coordinator from CH2M Hill, explained the purpose of this meeting and introduced staff members who would be providing information on the facility plan. Upon completion of the draft facilities plan, a public hearing will be held prior to final adoption of a plan. Frank Sinclair, Wastewater Treatment Plant Superintendent, discussed federal and state regulatory requirements which mandate the City to upgrade its current treatment process. As of this date, the Department of Environmental Quality (DEQ) has not established a Total Maximum Daily Load (TMDL) for the Pudding River. The TMDL's will be defined within the City's permit and failure to meet the requirements would result in either 1) a fine, 2) DEQ taking over the City's wastewater operation, or 3) issuance of a compliance order. Daria Wightman, CH2M Hill Project Manager, stated that the City is required to have a draft facilities plan within 90 days after the TMDL's are issued by DEQ. She reviewed the process involved in developing the plan and the alternatives available such as irrigation, wetlands, storage, and plant Page 1 - May 6, 1991 COUNCIL MINUTES PUBLIC INFORMATION MEETING WASTEWATER FACILITIES DRAFT PLAN MAY 6, 1991 TAPE READING construction/modifications. Construction of a new plant seems to be the least costly at this time, however, a detail financial analysis will be done prior to completion of the draft plan. During a recent meeting with DEQ, the staff was advised that DEQ would probably not allow discharge of effluent into Mill Creek and the wetlands alternative could be more expensive than projected if a lining barrier is required by DEQ. Public Works Director ThNari briefly reviewed the staff's attempt to work with other local communities who utilize the Pudding River to see if there was an interest in establishing a regional wastewater district. Some discussion was held on water rights, clean-up of the Pudding River, and preservation of the environmental habitat. Director 'l-~/ari reviewed the population and industrial flow projections through the year 2020. He also stated that Agripac has decided not to be included in the City's Wastewater Plan. Concerns were expressed by members of the audience that industrial users, namely food processing plants, were not being charged for their fair share of operational and construction costs. Director T'~ari assured the audience that residential customers would not subsidize the industrial users. 244O Director Tiwari stated that letters had been received from Harold Eichsteadt and Agripac. Further discussion was held on the wetland treatment process used for recreational purposes and on the irrigation method for non-food crops. Mike Barrett, representing Conroy Packing, stated that his firm is required to do a pre-treatment process. He also requested that processing companies not subsidize residential/commercial flows. Tape 2 In regards to financing future improvements, Director Trwari stated that the City would need to issue bonds with interest and principal payments appropriated within the capital improvement and operations funds. 0197 ADJOURNMENT. The informational meeting adjourned at 8:38 p.m.. Page 2 - May 6, 1991 TAPE READING COUNCIL MINUTES PUBUC INFORMATION MEETING WASTEWATER FACILITIES DRAFT PLAN MAY 6, 1991 APPROVED FRED W. KYSER, MAYOR A'Fi'EST Mary Tennant. Deputy Recorder City of Woodburn, Oregon Page 3 - May 6, 1991 TAPE READING 0001 0014 0021 0030 COUNCIL MEETING MINUTES May 13, 1991 DATE. COUNCIL CHAMBERS, CiTY HAl.L, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 13, 1991. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kyser presiding. ROLL CALl_ Mayor Kyser Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Sifuentez Present Councilor Steen Present Staff Present: City Administrator Quinn, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park and Recreation Director Holly, Police Chief Wright, Finance Director Gritta, Ubrary Director Sprauer, Deputy Recorder Tennant. MINUTES. JENNINGS/STEEN .... approve the Council minutes of April 22, 1991; accept the Ubrary Board minutes of April 24, 1991, the RSVP Advisory Council minutes of April 8, 1991, the Downtown Association minutes of April 16, 23, & 30, 1991, and the Museum Advisory Committee minutes of April 17, 1991. The motion passed unanimously. JULY 4TH FIREWORKS COMMITTEE APPOINTMENTS. Mayor Kyser appointed Don Eubank as General Chairman of the Committee which consists of members from the Woodburn Comeback Campaign and the I~wanis Clubs. He also suggested that the City contribute $500 towards the cost of fireworks. JENNINGS/STEEN .... accept the appointment of Don Eubank as General Chairman and Coordinator of the July 4th event. The motion passed unanimously. Don Eubank provided the Council with a copy of the letter being distributed throughout the community advertising the event and soliciting donations for fireworks. The committee's goal is to raise $5,000 which will provide a 45-50 minute fireworks display. The committee also proposes to coordinate a city-wide picnic on July 4th at Legion Park between the hours of 12:00 p.m. and 4:00 p.m.. Page 1 - Council Meeting Minutes, May 13, 1991 TAPE READING 0191 0249 0292 0300 0315 0452 0548 COUNCIL MEETING MINUTES May 13, 1991 LIBRARY EMPLOYEE OF THE YEAR. Ubrary Director briefly reviewed the accomplishments of Librarian Donna 'Melendez who has been named as the City's Ubrary Employee of the Year. Donna Melendez has been employed by the City for approximately 12 years and currently serves as a Reference/Catalogue Librarian. CERTIFICATES OF APPRECIATION - CLEVELAND STREET TASK FORCE. Certificates of appreciation were awarded to Becky Piper and Sally Klien for their efforts in the formulation of the Cleveland Street local improvement district. Becky Piper and Sally Klien were present to accept the award from Councilor Jennings. The next Council meeting will be held on Tuesday, May 28th, 7:00 p.m., since the regular meeting date of May 27th is on a holiday. PROCLAMATIONS. Mayor Kyser proclaimed the week of May 20-24, 1991 as Public Works Week. also proclaimed May 16-18, 1991 as the American Legion's Annual Poppy Sale dates for raising funds to help disabled and needy veterans. He Public Works Director Tiwad reviewed the scheduled activities during Public Works Week. He invited the public to familiarize themselves with the work done by the Water, Wastewater, Street, Engineering, Community Development, and Transit divisions. The Transit division will also provide one week of free transit service to riders on the scheduled route. On May 24th, 3:00 p.m., the annual employee appreciation program will be held in the Council Chambers. LETTER FROM MUSEUM CENTURY CLUB. The Council reviewed the letter from Vance Yoder, Secretary of the Museum Board, soliciting membership into the Century Club· Funds raised by the Museum will allow for the purchase of the buildings which house the artifacts and provide for the continued support of the museum without involving taxpayer support. JENNINGS/STEEN .... expend $100 and City become a Century Club member. The motion passed unanimously. Barbara Lucas, 214 E. Clackamas Circle, briefly reviewed some of the West Hayes Street traffic problems experienced by residents of the area. A list of the concerns along with a petition was provided to the staff. She stated that this action has resulted in the formation of a committee consisting of concerned citizens, staff, and two Planning Commission members to draft a traffic mitigation plan. Page 2 - Council Meeting Minutes, May 13, 1991 TAPE READING 1294 COUNCIL MEETING MINUTES May 13, 1991 PUBLIC HEARING - 1991-92 PROPOSED CITY BUDGET. Mayor Kyser declared the public headng open at 7:24 p.m.. The purpose of the hearing was to receive input from the public on the proposed 1991-92 city budget which includes federal and state revenue shadng funds. Administrator Quinn reviewed the budget proposal which was approved by the Budget Committee. The composite rate for the City, County, and Fire District would not exceed $10.00 per $1,000 assessed valuation if a one-year operating levy is approved by the voters. Under the tax limitation measure, the City is required to levy taxes as in the past, however, the uncollectible taxes are substantially higher due to the reduction in actual taxes to be collected. Bill Costine, 1740 Rainier Rd, objected to the calculation method regarding taxes to be collected. He stated that the levy should be reflected as the actual, amount to be collected by each jurisdiction rather than an inflated amount due to the unknown levies of the County and Fire District. Jim Pippert, 1420 Tierra Lynn, expressed concern regarding personnel cuts and the impact on remaining staff members in training those individuals to do the work. Len Kelley, Gatch Street, stated that he did not feel that the City had actually made budgetary cutbacks from current service levels. David Negrey, 2139 Camilla Way, questioned the formula for arriving at the estimated tax rates. He also stated that he felt the dollar amount is inflated. Administrator Quinn answered questions regarding the formula, personnel productivity, and the budgetary reductions within the tax supported funds. Mayor Kyser declared the public hearing closed at 7:43 p.m.. COUNCIL BILL NO. 1296 - ORDINANCE CALLING FOR SPECIAL OPERATING 1405 TAX LEVY IN THE AMOUNT OF $1,351,662 FOR FISCAL YEAR 1991-92. Council Bill 1296 was introduced by Hagenauer. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, Council bill 1296 passed unanimously. Mayor Kyser declared the bill duly passed with the emergency clause. COUNCIL BILL NO. 1297 - RESOLUTION GRANTING SITE PLAN Approval IN CASE #91-01 (STONEHEDGE APARTMENT COMPLEX) AND REMOVING A CONDITION PREVIOUSLY IMPOSED BY THE PLANNING COMMISSION. Councilor Hagenauer introduced Council Bill 1297. The staff advised the Council that this bill did remove the road requirement in its entirety. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kyser declared Council Bill 1297 duly passed. Page 3 - Council Meeting Minutes, May 13, 1991 MEMO TO: FROM: SUBJECT: DATE: City Administrator for Council Action Randy Scott; CE Tech III, through Public Works Director'S5' West Hayes Street Right-of-Way Vacation May 23, 1991 Recommendation: It is being recommended that the council proceed with West Hayes Street vacation by instructing staff to prepare an ordinance to vacate the street with the following conditions. 1. That a 60-foot utility easement be retained over the area to be vacated. 2. The 70-foot right-of-way be dedicated to the city, as per the approved partitioning, Case No. 91-04 (see attachment "A"). Back,qround: Ao Findings of fact- 1. Location: The street to be vacated is located on the west end of West Hayes Street, west of Barclay Square (see attachment "A'3. Current land use and zoning: The property north of this portion of West Hayes is undeveloped at present and zoned CG, Commercial General. Surrounding land use and zoning: The property south of this portion of West Hayes is currently outside of the city limits, and zoned EFU, Exclusive Farm Use. The land is within the urban growth boundary and is presently in the process of annexation into the city, proposed zones are Commercial General, Multi-family Residential (see attachment "C"). Current use of rights-of-way proposed for vacation: The right-of-way proposed for vacation is currently undeveloped for street use. The right-of-way is currently traversed by a 12" diameter water main. Easements for the water main and future utilities are required by this vacation. Future transportation needs: The property adjacent to this vacation will not utilize or require this portion of West Hayes for future transportation needs of public rights-of-way (see attachment "C"). Bo If vacated, this portion of public right-of-way will be improved to private standards for public access, if not vacated, it would be improved to public right-of-way standards but would only serve one property owner. The property owner abutting and south of this vacation is conveying property to the abutting property owner to the north; the south property will no longer be contiguous to this portion of West Hayes. Appli~<~ble Statutes 1. ORS 271.130 provides for a governing body to vacate a right-of-way on its own motion. The Woodburn Common Council made such a motion on April 22, 1991. The governing body may not vacate the right-of-way if the owners of the majority of the affected area, as computed in ORS 271.080, object in writing (see attachment "B'3. As of this date, no property owner has objected. Notice of the public hearing has been given as provided in ORS 271.110 (see attachment "D"). If a non-consenting abutting property owner's property would be substantially affected, provisions must be made for paying damages before the vacation can be granted. As of this date there is no non-consenting property owner. The vacation could only substantially affect the adjacent properties if the vacation prevented public access to the property. ORS 271.1 60 provides for the governing body to make the vacation conditional or to take effect only upon the consummation of reded,cation. Condition No. 2, as established in the recommendation, provides for dedication of the future right-of-way. 7. ORS 271.080 specifies the real property to be affected (see attachment "B"). 8. The vacation meets all other state and local guidelines concerning street vacation. Conclusions: 1. There is no need for this portion of the street for current or future transportation needs. 2. There would be no substantial impact on the market value of any abutting property. 3. The vacation of this portion of West Hayes and the dedication of the future right-of-way will better serve projected transportation needs. 4. There has not been an objection filed by the owners of a majority of the affected area. 5. The city should not be responsible for maintenance and liability of a public street which benefits only one property owner. Attachments: "A" area to be vacated "B" affected area "C" proposed transportation plan "D" calendar of events "E" legal description for proposed vacated portion of West Hayes HAYESVAC 0 I '1"~ -I'0 13] O0 Iill I'll --I ~>"11 HC I--'1 C --Im o ITl I I I I I I I I I I I I I '130 ~>r- ~> --lC m C o o o o o ~o o o o o E~/opRB~REE o 0 Itl -i m ~ SEE HAP 05 2~/ 12DB N 'ATTACHMENT "C" PROPOSED TRANSPORTATION PLAN I ! I ! ! ! ! / ! / ! STREET I----I I I I :tl ,- J.-1-J_L ATTACHMENT "D" CALENDAR OF EVENTS VACATION OF WEST HAYES 1. Codn~:il passes motion to begin proceedings 2. First notice published 3. Notices posted 4. Second notice published 5. Third notice published 6. Fourth notice published - April 22, 1991 - May 1,1991 - May 1,1991 - May 8,1991 - May15,1991 - May 22, 1991 PUBLISHED NOTICE PUBUC HEARING NOTICE ~RPOSE OF HEARING: A Public Hearing before the Woodbum City Council to consider vacalion of a public right-of-way in exchange for lhe dedication of a relocated right-of- we~t~dy undevekx~ed 450 rr~ feet of West Hayes ,PUCANT: City of Woodbum FILED BY: Public Works Department :.ARING DATE; May 28, 1891 TIME: 7:00 PM IY PERSON WISHING TO SPEAK EITHER FOR OR AGAINST THE IOPOSED VACATION MAY DO SO IN PERSON OR BY ATTORNEY AT THE IBUC HEARING. ALSO, ~ COMMENT MAY BE FILED ~ THE ;CRETARY PRIOR TO THE TIME OF THE HEARING. )R FURTHER INFORMATION CONTACT: Woodbum Public Wod(s 270 Montgomery St. Woodbum. OR 97071 Phone: (503) 982-5240 NOTICE POSTED NOTICE OF STREET VACATION PUBLIC HEARING ATTACHMENT "E" Street Vacatio~ (a portion of West Hayes Street) April 29, 1991 Beginning at a point on the South right-of-way line of West Hayes Street which bears North 89°19'20" West 50.00 feet and North 88°52'10'' West 869.95 feet from the Northwest corner of Lot 1, Block 69, WOODBURN S~ICH{ ESTATES NO. 7, as recorded in Volume 22, Page 42, Book of Town Plats for Marion fbunty, Ore~; thence North 88°52:10'' West 452.46 feet to the western terminus of said street; thence North 11"07'25" East 60.92 feet; thence South 88"52'10" ~-_~t 441.89 feet; thence South 1"07'50" West 60.00 feet to the point of COUNCIL BILL NO. 1303 RESOLUTION NO A RESOLUTION ENTERING INTO A CONTRACT WITH HARRIS & EIDE, CERTIFIED PUBMC ACCOUNTAN'F~, FOR THE PURPOSE OF AUDITING AND EXPRESSING AN OPINION UPON THE FINANCIAL STATEMENTS OF THE CITY FOR THE THREE FISCAL YEARS ENDING JUNE 30, 1991, JUNE 30, 1992, AND JUNE 30, 1993. WHEREAS, the City of Woodburn is required by law to be audited annually by an independent certified public accounting firm, and WHEREAS, the firm of Harris & Eide has a great deal of experience with municipal accounting and is familiar with the City's financial statements, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor and City Administrator are author[zed to execute the contract with Harris & Eide which is attached hereto and,'by this reference, incorporated herein. Approved as to ,orm.'~ City Attorney Date APPROVED: FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATI'EST: Mary Tennant, Deputy Recorder City of Woodbum, Oregon Page I- COUNCIL BILL NO. 1303 RESOLUTION NO. Donald K. Harris, CPA Gregory M. Eide, CPA HARRIS & EIDE CERTIFIED PUBLIC ACCOUNTANTS 991 Liberty Street S.E. · (503) 362-8644 P. O. Box 471 · Salem, Oregon 97308 CONTRACT THIS CONTRACT made this 2nd day of May 1991, in accordance with the . kgqutrements of Oregon Revised Statutes 297.610 through 297.740 between Harris & Eide, Certified Public Accountants of Salem, Oregon, and the City of Woodburn, Oregon, provides as follows: 1. It hereby is agreed that Harris & Eide shall conduct an audit of the accounts and fiscal affairs of the City of Woodburn, Oregon, for the period beginning July 1, 1990 and ending June 30, 1991, and for the two years thereafter in accordance with the Minimum Standards for Audits of Municipal Corporations and Single Audit Act as prescribed by law. The audit shall be undertaken in order to express an opinion upon the financial statements of the City of Woodburn, Oregon, and to determine if the Ctty has complied substantially with appropriate legal provisions. 2. Harris & Eide agree that the services they have contracted to perform under this contract shall be rendered by them or under their personal supervision and that the work will be faithfully performed with care and diligence. 3. The audit is to be conducted in accordance with generally accepted auditing standards, and will include such tests of the accounting records and such other auditing procedures as may be considered necessary. It is contemplated that a detailed examination of all transactions will not be made, such as to disclose defalcations or irregularities which may occur. Harris & Eide shall, however, advise you of any findings which appear unusual'or abnormal, and they shall conduct a review of the system of internal control. 4. It is understood and agreed that, should unusual conditions arise or be encountered during the course of the audit whereby the services of Harris & Eide are necessary beyond the extent of the work contemplated, written notification of such unusUal conditions shall be delivered to the City of Woodburn, Oregon, who shall instruct Harris & Eide in writing concerning such additional services, and that a signed copy of such notification and instruction shall be delivered immediately to the Secretary of State by the Party issuing the same. 5. The audit shall be started as soon after this contract is executed as is agreeable to the Parties hereto and shall be completed and written report thereon delivered within a reasonable time after the close of the audit period covered by this contract. Adequate copies of such report shall be delivered to the City of Woodburn, Oregon, and its form and content shall be in accordance with and not less than that required by the Minimum Standards for Audits of Oregon Municipal Corporations and the Federal Single Audit AcC. 6. It is understood and agreed that either Party may cancel this contract for cause by giving notice in writing to .the other Party at least sixty days prior to July 1 of any year. Cause includes but is not limited tq .the failure of the City to obtain necessary funding from its voters. 7. In consideration of the faithful performance of the conditions, covenants, and undertakings herein set forth, the City of Woodburn, Oregon hereby agrees to pay Harris & Elde a sum not to exceed $15,450 for fiscal year 1990-91, $15,900 for fiscal year 1991-92 and $16,375 for fiscal year 1993-94 and the City hereby affirms that proper provision for the payment of such fee has been or will be duly made and that funds for the payment thereof are or will be made legally available. 8. Harris & Eide will assist the City in the preparation of the City's fim~ncial statements for the year ending June 30, 1991. Our fee for these services will be based on our regular hourly rates not to exceed $5,000. In subsequent years the fee for this service will be renegotiated if the City requires assistance in this area. HARRIS & EIDE Certified Public Accountants CITY OF WOODBURN, Oregon by Mayor City Administrator MEMO TO: FROM: DATE: . SUBJECT: MAYOR AND CiTY COUNCIL MICHAEL' QUINN, CITY ADMINISTRATOR MAY 22, 1991 CONSULTING SERVICES ON SDC's In 1989 the State legislature adopted ORS 223.297-314 to "provide a uniform framework for the imposition of system development charges by local governments." These statutes impose certain requirements on systems development charges such as rate-making principles, linkage to the ClP, and accounting procedures capable of justifying the charges. These requirements go' into effect July 1, 1991. We currently have system development charges associated with our water connection, sewer connection, and parkland dedication fees. The statutes allow additional charges for streets and storm drainage. The proposed consultant is the firm of Henderson, Young & Company from Beaverton. They are a national firm with extensive experience in high-growth states like Florida, where system impact fees are heavily used. The approach is to analyze the existing ordinances, set up the methodology to comply with the state standards, and present the adjustment report to the Council on our existing SDC's. This will be accomplished at an hourly consultant fee not to exceed $19,000 for services. If we desire to pursue a second phase to develop SDC's in streets or storm drainage, we will have the basic methodology mastered and can work with the consultant on a renegotiated contract for the second phase at a later date. The initial work is guaranteed to be complete by July 1st and ensure our compliance. With staff assignments heavily impacted by development and other concerns, we have been unable to dedicate enough effort to accomplish this task in-house. The proposed financial resource to support this contract are water, sewer, and park CIP funds derived from these development fees. The cost of this study is a legitimate expense of these system development charges. Recommendation: Approval of resolution authorizing consultant contract. MQ/kv COUNCIL BILL NO. 1304 RESOLUTION NO. A RESOLUTION AUTHORIZING A CONSULTING AGREEMENT FOR PROFESSIONAL SERVICES WITH HENDERSON, YOUNG & COMPANY, INC. WHEREAS, ORS 223.297 through 223.314 requires local governments to provide a unifc~rm framework for the imposition of system development charges; and WHEREAS, the City of Woodbum desires to be in compliance with said statutory requirements by July 1, 1991; and WHEREAS, the consulting firm of Henderson, Young & Company, Inc. has demonstrated the capability and capacity to perform such services within the City's requirements; NOW, THEREFORE, THE Cl'l'? OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor and Deputy Recorder are authorized to execute a professional services agreement with Henderson, Young & Company, inc., a copy of which is attached for reference. D~ae~~ ~/~ Approved as to form-~-~'~ ~. f City Attorney APPROVED: FRED W. KYSER, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 1304 RESOLUTION NO. CONSULTING AGREEMENT THIS AGREEMENT, made and entered into this day of ,1991, by and between the CITY OF WOODBURN, OREGON (hereinafter referred to as 'the City') and HENDERSON,. YOUNG & COMPANY, INC., a Louisiana Corporation (hereinafter referred to a~ "the Consultant'S. WHEREAS, pursuant to the terms and conditions of this Agreement, the City desire~ to engage the Consultant, and the Consultant desires to be engaged by the City, to render certain technical and professional services described hereinafter. NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, it is agreed by and between the City and the Consultant as follows: 1. Services to be Rendered. The Consultant hereby agrees to render and perform for the City the technical and professional services described as Phase ! in Attachment A, "Proposal: System Development Charges," dated May 3, 1991, a copy of which is attached hereto and incorporated herein by reference. 2. Consideration to be Paid. The City hereby agrees to pay the Consultant a sum not to exceed Nineteen Thousand Dollars ($19,000.00) as consideration for the performance of the services that the Consultant is required to perform under Attachment A. During the term of this Agreement, such total sum will be paid in monthly installments as follows: the Consultant will provide the City at the end of each month dudng which the Consultant performs services hereunder with an invoice setting forth the amount of the installment due for such month; the City shall pay the Consultant the amount set forth in such invoice no later than thirty (30) days after the date of such invoice. 3. Modification of Services to be Rendered. The parties hereby agree that the City may request that the Consultant change, add to, or delete the services the Consultant is required to perform hereunder, provided that any such change, addition to or deletion of said services shall be evidenced in writing, which writing shall be first approved and signed by a duly authorized representative of the City and of the Consultant and shall set forth any additional modifications in the terms of this Agreement (including, but not limited to, the compensation to be paid to the Consultant hereunder) resulting from any such change, addition or deletion as may be mutually agreed to by the City and the Consultant. Page I - CONSULTING AGREEMENT 4. Consultant's Performance of Services. The standard of care applicable to the Consultant's services will be the degree of skill and diligence normally employed by professional consultants performing the same or similar services. The Consultant shall supervise and secure at .its 'sole expense, all employees, agents, contractors, and other personnel required to perform said services. · '5. Duties of City. All information, data and reports which the Consultant deems reasonable necessary for the performance of the services it is required to provide hereunder shall be furnished to the Consultant without charge by the City. The City shall also cooperate with the Consultant in every way possible as requested by the Consultant to aid it in the performance of the services to. be rendered hereunder. 6. Terms and Commencement. The services that the Consultant is required to perform hereunder shall commence as soon as practicable after the execution of this Agreement by both parties. The Consultant shall perform said services in an expeditious manner and in such sequence as the Consultant may determine, in any event, the Consultant shall complete the' performance of the services required to be rendered by it hereunder not later than July 1, 1991, unless additional time is reasonably required to perform said services if they have been modified as provided for herein or if any delay in the performance of said services is caused by any occurrence which is beyond the reasonable control of the Consultant. 7. Termination of A.qreement. Either party to this Agreement may terminate this Agreement by giving the other party written notice of such termination, which written notice shall specify an effective date of such termination which shall be at least thirty (30) days after the receipt of such notice by the other party, unless a shorter period of time is mutually agreed to by the parties. In the event of such termination, each party shall perform its obligations under this Agreement up to such effective date, and as of said effective date the parties shall be discharged of any further obligation under this Agreement and this Agreement shall become null and void. In the event of any such termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Consultant for the City under this Agreement shall become the joint property of the City and the Consultant, and both parties, without the consent of the other, shall be entitled to receive and retain copies of, and have access to, all such materials to the extent practicable. Page 2 - CONSULTING AGREEMENT 8. Confidentiality of Reports. Unless otherwise required by law, any reports, data or other similar information given to or prepared or assembled by the Consultant under this Agreement which the City requests to be kept as confidential shall not be made available to any individual, or organization by the Consultant without prior written approval of the City. 9.' Ownership and Use of Studies. City agrees that any study produced by the ConSultant pursuant to this agreement is not a work for hire for purposes of the Federal Copyright Act. The Consultant assigns to the City the right to duplicate and distribute all such studies for all govemment purposes, but such right does not extend to the duplication of any such study by any party for private financial gain. The Consultant expressly reserves the right to bring action for copyright infringement against anyone who appropriates any such study or any of the contents therein for personal gain. The City agrees that all copies of such studies distributed will contain the Consultant's copyright notice. 10. Consultant is an Independent Contractor. The parties hereby agree that the consultant is an independent contractor, and not an employee of the City, and that nothing contained in the Agreement shall constitute or designate the Consultant or any of its employees, agents or contractors as employees of the City. 11. compliance with Local Laws. The Consultant shall comply with all applicable laws, ordinances, and codes of state and local governments. 12. Assignment. The rights and duties of the parties hereunder are personal and shall not be assignable by either party without the express written consent of the other party. 13. Entire Acjreement. This Agreement constitutes the entire understanding of the parties with respect to the subject matter thereto, superseding all negotiations, prior discussions and preliminary agreements made prior to this date. All modifications of this Agreement shall be in writing and shall be signed by an authorized representative of each party. 14, Govemin~! Law, This Agreement shall be construed and the legal relation between the parties determined in accordance with the laws of the State of Oregon. 15. Attorney Fees. Should either party be required to seek the services of an attorney to enforce its rights under this agreement, the prevailing party in such action shall be entitled to recover reasonable attorney fees, legal costs, and other collections fees and costs incurred by that party in connection with the suit. Page 3 - CONSULTING AGREEMENT 16. Severability. If any provision or part of this Agreement shall be declared illegal, void, or unenforceable, the remaining provisions shall continue in full force and effect. 17. Headings and.Gender. The headings of the paragraphs and subsections herein are included sdlely for convenience of reference, and if there is any conflict between such headings and the text of the Agreement, the text shall control. The gender of pro.nouns used herein, if any, may include any other gender, and the singular may inclui:le the plural (or vice versa) if the circumstances so require. 18. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed to have been duly der~vered hereunder if mailed by first class mail, postage prepaid, to the respective parties at the respective addresses: A. City: City Administrator City of Woodburn 270 Montgomery Street Woodbum, Oregon 97071 B. Consultant: Henderson, Young & Company 33920 U.S. Hwy 19 N, Suite 210 Palm Harbor, FL 34684 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. CITY OF WOODBURN, OREGON BY: Fred W. Kyser, Mayor Date: ATTEST: Mary Tennant, Deputy Recorder HENDERSON, YOUNG & COMPANY BY: Randall L Young, President Date: ATTEST: Secretary Page 4 - CONSULTING AGREEMENT MEMO TO: FROM: DATE: SUBJECT: MAYOR AND CITY COUNCIL MICHAEL* QUINN, CITY ADMINISTRATOR ,~ ~--~' MAY 22, 1991 COUNTY BUILDING INSPECTION SERVICES Madon County Building desires to establish a satellite office to serve the growing north Marion County area. While several sites are available, the most desirable is to locate in the Woodbum City Hall. This would also facilitate coordinative efforts between the two agencies. After some changes in the office location, it has been decided to locate the County Building staff in the basement area. Access and signage will be provided to direct people through our existing facility. The needs of the county are for an office space area of at least 300 square feet which will accommodate two to three work desks and tables necessary for plans review. The space is more than adequate in the basement but construction will be necessary to facilitate walls carpeting if necessary, lighting, heat, computer access terminals to Salem, etc. It is my understanding that the county will construct these necessary improvements., I have offered to give them a rent credit for these costs since the improvement will remain with the building. My initial offer was 60¢ per square foot including utilities when I was thinking of placing them upstairs. I think this is still a reasonable offer for the basement considering we don't escalate it until the credit has been satisfied. I am asking the City Council's approval of the concept proposal to locate the County in our building. While I have not agreed to any future consolidation of the two agencies for building inspection, it is a future consideration if this satellite office appears to be workable. Don Woodley, Marion County Building Official, will also be available for any detailed questions by the City Council. MQ/kv MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager ~ Water pipe and fittings bid May 23, 1991 Recommendation: Award bid for 3,000 feet of eight-inch ductile iron water pipe to Pacific States Cast Iron Pipe for $21,450 and for 44 assorted fittings and valves to Pacific Water Works Supply for $6,100. Funding will be from budgeted Water Department system expansion funds. Background: Bids for City of Woodburn Bid No. 91-11 for 3,000 feet of eight-inch Class 51 ductile iron pipe were opened at 2:00 p.m. on May 21, 1991. Results were: Bidder / ~'Pacific States Cast Iron Pipe H. D. Fowler U.S. Pipe and Foundry United Pipe and Supply Co. Bid $ 21,450.00 22,170.00 22,350.00 22,470.00 Bids for City of Woodburn Bid No. 91-12 for 44 assorted ductile iron fittings and valves were opened at 2:00 p.m. on May 21, 1991. Results were: Bidder Pacific Water Works Supply United Pipe and Supply Co. H. D. Fowler Familian N.W. Bid $ 6,100.00 6,121.23 6,163.75 6,305.06 The Water Department requires the above-mentioned material to replace an existing six-inch lead joint water line along Hardcastle Avenue from Highway 99E to Gatch Street. The new pipe will provide increased capacity. It will also be relocated for separation from a large capacity storm drain that will be installed down Hardcastle as a part of the Hwy. 99E widening project to be completed in 1992. RR:Ig BID91-11.12 MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager ~ Bid Award for Umpqua Street Overlay May 23, 1991 Bids for the project to overlay Umpqua Street from Country Club Drive to Newport Way will be opened at 11:00 am on May 28, 1991. A recommendation for award will be prepared and presented to council at their meeting that evening. RR:lg MEMO TO: MAYOR AND CiTY COUNCIL FROM: MICHAEL QUINN, CITY ADMINISTRATOR DATE: MAY 27, 1991 SUBJI~CT: CABLE TV ADVISORY BOARD It is time to proceed with the review of our cable television franchise and consider updating many of its provisions. At the 12/17/90 Council meeting, seven interested citizens were appointed to the above board and we need to convene the board and commence work. I suggest that Wednesday, June 5 at 7:00 p.m. be the first meeting with future meetings as determined by the board. This initial announcement by the Council will give some public notice of the meeting and we may also receive interest from other residents about the quality of their cable television service. Our cable television franchise with Northland Cable expires on 7/19/92. Some of our major tasks are: * Gather information, ordinances, franchise requirements, current rate and channel schedule, conduct hearings, etc. Review system standards and the franchisee's performance in consideration of their option to renew. Review the renewal procedures and standards of Section 626 of the Cable Communications Policy Act of 1984. Determine policy direction for renewal, nonrenewal, or a buyback option. Negotiate with the cable company and make a decision. Once we close our assessment process, we only have four months to reach a decision on the proposal, whether it be the cable operator's submittal or the City's renewal proposal. It is important that we specify our requirements and document our information. I anticipate the board will have a lot of work to do in order to bring a comprehensive cable franchise proposal for your consideration. There are high stakes involved considering the potential revenue from other sources such as advertising, etc.; the advanced technology and services available; and the expectations of the consumers. MQ/kv * ~ From the Desk of: * * {lC/ fl~ON EUBANK, Lieutenant * * ~ Operations Oivision * * Woodburn Police Department * * 270 Montgomery Street * * (503) 982-2345 EXT: 351 * DATE: / May 21, 1991 TO'~-~,x Mayor and Council TH~ Ken Wright, Chief SUBJECT: "FIREWORKS" Staff Report At the May 13th Council Meeting I was appointed Chairman and General Coordinator of the Woodburn 4th of July Celebration. As a starting point, I wrote the attached donation request letter which I began handing out at this meeting. Funds have starting to "trickle" in, and to date we have received a total of $1,275.00 in donations. Our ultimate goal for this fund is $5,000.00. On Monday May 21, 1991, I began contacting businesses personally and handing out the donation request letter. I believe that with this personal contact, businesses and individuals are more likely to contribute to this fund and I am confident that we will reach our goal. I am continuing to coordinate efforts with the Comeback Campaign and the Kiwanis Clubs in a effort to make this Celebration one of the best ever. As stated in the attached letter, it is our intent to revive the "Old Fashion" 4th of July City wide Picnic with fun and games for everyone. Also attached, you will find a list of those persons, businesses and groups that have donated to this fund thus far. cc:file WOODBURN 4TH OF JULY CELEBRATION Sponsored by The City Of ~oodburn General Chairman. Don Eubank 982-2345 EXT: 351 PARTICIPATING ORGANIZATIONS: ~oodburn Comeback CampaiE~ Co-Chairs, Jtlda Ballweber and Ruth Herman Wells Woodburn£t~anis Club (Noon Club) Chairman, Lucien Klein French Prairie Ki~nu~is President, Cliff Zauner Dear Business Person/Citizen FAMILY The City of Woodburn, in conjunction with the ~oodburn Comeback Campaign and the Kiwanis Clubs are working together to bring Woodburn a glorious 4th of July Celebration. President Bush has suggested that this 4th of July Celebration should be the best ever, and we agree. Hayor Fred Kyser has dedicated $500.00 from the Hayor's fund toward the Fireworks Display as a starting point to build from. We have contacted Larry Krieghauser, who handled the fireworks at the Woodburn High School last year, and he has agreed to "FIRE" them again for us. In order to have the =BEST' display ever, a fund of $5000.00 is needed. A donation of any amount would be greatly appreciated. Funds donated will be used for Fireworks only. Donations should be made to: City of Woodburn "FY~ORKS" 270 Hontgomery Street W00dburn, Oregon 97071 In addition to the Fireworks the nid~ht of the 4th, The French Prairie Kiwanis Club ~r~ll be holding the Ghuck ~Iagon Breakfast at Legion Park the morning of the 4th. After the breakfast and starting at about Noon, The 4th of July Core, tree invites all citizens of ~oodburn to a day of fun activities at Legion Park. Brtzlg your pit,lit lunch, family and friends and come have some old fashioned fun. ~nere ~1 be colxtests of all kinds including egg throwing, softball throw, softball games, sack races and many of your favorite events. YOU FOR YOUR ~irman FIREWORKS DONATIONS City of Woodburn, Mayor Fairway Insurance Linds Market Piper' s Jewelry Rexal 1 MR Estates Walking Club' Taylor, John United Disposal $500.00 $25.00 $200.00 $50.00 $150.00 $25.00 $25.00 $300.00 TOTAL $1,275.00 MEMO TO: FROM: SUBJECT: DATE: City Administrator for Council Action Randy Scott, C.E. Tech III, through Public Works Director Contract Award for Umpqua Overlay Project Project #910029-22, Bid #91-13 May 28, 1991 Recommendation: It is being recommended that the city council award a contract in the amount of $68,100.59 to the Iow bidder, North Santiam paving, for improvements of Umpqua Road. Note: It is proposed that the following funding sources be used to accomplish this project: 1. 2. State Revenue Sharing Street Resurfacing Gas Tax 35-350-72001 $ 10,000.00 63-630-72230 58,100.59 TOTAL $ 68,100.00 Backqround: The following bids were received by the city on May 28, 1991. ~/1. North Santiam Paving $ 68,100.59 2. Parker Northwest Paving 69,793.95 3. Morse Brothers 75,171.50 4. D & D Paving 84,728.50 The engineer's estimate for the project was $66,003.75. The Iow bid is 3% higher than the engineer's estimate. Therefore, it is being recommended that the city council award the contract to the Iow bidder in the amount of $68,100.59. RS:Ig