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Agenda - 09/09/1991 AGENDA WOODBURN CITY COUNCIL SEPTEMBER 9, 1991 - 7:00 A. PM CALL TO ORDER AND FLAG SALUTE ROLL CALL MINUTES City Council minutes of regular meeting of August 26 and executive session of August 28,1991. Park Board minutes of August 13, 1991. Library Board minutes of August 21, 1991. Woodburn Museum Advisory Committee minutes of August 14, 1991. 3A 3B 3C 3D m APPOINTMENTS AND ANNOUNCEMENTS A. Proclamation: Constitution Week - September 17 - 23, 1991. 4A Be = 9. 10. 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 HEARINGS TABLED BUSINESS GENERAL BUSINESS A. Council Bill No. 1336 - Ordinance establishing system development charges for water, sewer and park & recreation facilities. IOA Page 1 - Woodburn City Council Agenda, September 9, 1991 11. 12. 13.__=. 14. Council Bill No. 1337 - Resolution setting system development charges. Eo Council Bill No. 1338 - Resolution awarding a contract on a storm drain 1__~_C Willow Avenue to Senecal Creek. Council Bill No. 13~ - Resolution reclassifying salary ranges for certain employees; modifying range/step system for future management employees. 10___~D 10__. E Approval of 9-1-1 equipment purchase. APPROVAL OF CLAIMS A. Voucher No. 11001 - 11231 for July 31, 1991. EXECUTIVE SESSION Authority: ORS 192.660(1) (a) Purpose: To discuss consideration of employment of a city administrator. PUBLIC COMMENT NEW BUSINESS 15. SITE PLAN ACTIONS 16. STAFF REPORTS 17. MAYOR AND COUNCIL REPORT_S 20. ADJOURNMENT Page 2 - Woodburn City Council Agenda, September 9, 1.991 COUNCIL MEETING MINUTES August 26, 1991 TAPE READING 0001. DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 26, 1991. 0003 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kyser presiding. 0013 ROLL C.__ALL. Mayor Kyser Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Councilor Jennings Councilor Sifuentez Present Councilor Steen Present Staff Present: City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Finance Director Gritta, Park Director Holly, Police Lt. Eubank, Public Works Manager Rohman, Deputy Recorder Tennant. O022 MINUTES. HAGENAUER/STEEN .... approve the Council minutes of July 29, August 12 and 15, 1991 as written; and accept the Park Board minutes of July 16, 1991. The motion passed unanimously. OO45 CHAMBER OF COMMERCE REPORT. Marlis Peterson, representing the Chamber of Commerce, reminded the Council of the following Chamber sponsored events: Ag Tour - August 27th, and the Annual Golf Tournament, September 7th,," 0067 Community Development Director-Goeckritz read a letter from Developer Pete Cam advising the Council of his intent to appeal the Planning Commission's condition to construct an east/west street across wetlands within his proposed development south of Meadowvale. Director Goeckritz stated that the appeal would be before the Council at their September 23rd meeting. 0107 Joan Garren, 1750 Landau Drive, submitted a letter to the Council regarding future development on the east side of Landau Drive. She ~tated that Landau Drive is currently a half street and requested that any development on the east side of the street, whether by one or multiple developers, be required to provide widening of Page 1 - Council Meeting Minutes, August 26, 1991 TAPE READING O253 0353 COUNCIL MEETING MINUTES August 26, 1991 the street prior to occupancy of any new residences. She also expressed concerns regarding sewer hook-ups and capacity level of existing lines. Community Development Director Goeckritz stated that no applications have been submitted for development of the properties at this time, however, a partitioning may be submitted to the Planning Commission for their review. The applicant has been informed of the need to obtain a 30 foot right-of-way for the full length of the street and the street improvement would be required. The partitioning request before the Planning Commission does require public notice and the residents within the affected area would be able to express their concerns to the Planning Commission. Tom Waggoner, 849 Woodland, spoke on behalf of several residents within the Willowbrook subdivision expressing their concerns on the quality of materials used by the contractors and the City's inspection of construction projects. Mayor Kyser stated that he would look into the situation and contact Mr. Waggoner within the next few days with a report on his findings. PUBLIC HEARING - SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1991-92. O493 Mayor Kyser declared the public hearing open at 7:12 p.m.. Deputy Recorder Tennant provided a brief staff report regarding the proposed supplemental budget which was approved by the Budget Committee following their hearing on July 22, 1991. No one in the audience spoke either for or against the proposed 1991-92 supplemental budget. Mayor Kyser declared the public hearing closed at 7:16 p.m.. PUBLIC HEARING -WASTEWATER INFRASTRUCTURE IMPROVEMENTS. Mayor Kyser declared the hearing open at 7:17 p.m.. Public Works Director Tiwari reviewed the original State Economic Development grant and loan funding allocations for the infrastructure improvements which includes the new sewer pump station near I-5. Since the construction bids exceeded the estimated project co~ts, the City negotiated for additional funding from the State Economic Development Department. The State has agreed to provide an additional $33,345 in grant funds bringing the total grant to $500,000 which is the maximum allowed under the State's program. An additional $257,574 will be provided to the City under the loan program of which property owners in the benefitted area have agreed to pay their fair share in the amount of $203,800. The City would be responsible for the repayment of the $53,774 loan balance. The interest rate on the loan is 6.5% to be repaid over a 20 year period. Page 2 - Council Meeting Minutes, August 26, 1991 TAPE READING O953 1059 COUNCIL MEETING MINUTES August 26, 1991 Director Tiwari also advised the Council that the Contractor has agreed to extend the date for bid acceptance until August 29th, however, a further time delay would result in delaying the construction until next year. Mayor Kyser expressed his appreciation to the property owners in their willingness to work with the City to complete this project. Dan Ritter, attorney representing Davidson Farms, urged the Council to support the agreement between the benefitted property owners and the City for the repayment of the additional loan funds. No one in the audience spoke in opposition to the proposed acceptance of state grant and loan funds. The hearing closed at 7:34 p.m.. INFORMATIONAL PUBLIC HEARING - SYSTEM DEVELOPMENT FEES. 1496 Mayor Kyser declared the hearing open at 7:35 p.m.. Public Works Director Tiwari briefly reviewed the workshop held on July 29th in which the Council received a report from consultant Don Gainer of Henderson, Young & Co.. Based on the methodology in calculating the maximum water and sewer system development charge, Director Tiwari provided the Council with a proposed 4 year plan for increasing system development fees. The increases would begin upon enactment of an ordinance establishing the new fees and the first year increase would be approximately 30-35%. All development within the City would be paying the same rate per gallon of estimated use and funds derived from new development would continue to be reflected within the Capital Improvement Funds for water and sewer. Bill Costine, 1740 Rainier Rd., stated that the fees established by the consultant for the sewer system were higher than the amount proposed by staff. He expressed concern regarding the surge of development within the City before the end of the four year period and the potential burden on the current property taxpayer for new construction costs. Director Tiwari stated that it would be approximately 5 years before any new construction would take place and that capacity limit has not been reached at the current plant. However, some problems still exist at the plant which have been created by new DEQ regulations and changes must take place to modify the existing plant until a new plant is constructed. Preston Tack, 2197 Camellia Way, questioned the method in which the formula was derived and if the developers are required to pay the fees up front. Director Tiwari stated that the fees are required of all new construction and payment is required when permits are issued. Gil Flowers, 1352 Astor Way, questioned the wastewater capacity level. Following a brief discussion on this issue, it was the consensus of the Council to schedule a workshop regarding the wastewater issue. Page 3 - Council Meeting Minutes, August 26, 1991 TAPE READING 2767 COUNCIL MEETING MINUTES August26,1991 Director Tiwad stated that the state law does allow system development fee for storm drain and the City currently charges a system development fee, however, the methodology has not been completed to make any adjustments to the established rate. Park Director Holly briefly reviewed the methodology established by the consultant to determine the park system development fee. The proposed system development fee ordinance would replace the current park dedication ordinance and the City would continue to accept either cash or park land in-lieu-of cash. All funds would continue to be refiected within the Park Capital Improvement Fund and used for improving existing park facilities within the development area or creating a new park facility to meet the needs of the new development. Funds could also be diverted to fund a project which would benefit all city residents such as a new pool. The Park Board has recommended that the City only charge 75% of the maximum limit and that the increase be phased in over a 5 year period. Some discussion was held regarding the need for an indoor pool and overcrowding at existing parks in the late afternoon/evening hours. Mayor Kyser closed the hearing at 8:20 p.m.. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT RE: CORNER LOTS. Tape 2 0016 Mayor Kyser declared the public hearing open at 8:21 p.m.. Community Development Director Goeckritz reviewed the staff report and Planning Commission recommendation to allow a 13 foot setback on fences constructed on corner lots but not within the public right-of-way. Additionally, the fence within the vision clearance area would be limited to 30 inches in height. No one in the audience spoke either for or against the proposed amendment. The Mayor declared the public hearing closed at 8:24 p.m.. COUNCIL BILL NO. 1326 - ORDINANCE AMENDING THE ORDINANCE 1616 OO46 (NUISANCE ORDINANCE) REQUIRING TOILET FACILITIES ON CONSTRUCTION JOB SITES (Second Readinq). The second reading of 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 1326 duly passed with the emergency clause. COUNCIL BILL NO. 1329 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1991-92. Council Bill 1329 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, the bill passed unanimously. Mayor Kyser declared Council Bill 1329 duly passed with the emergency clause. Page 4 - Council Meeting Minutes, August 26, 1991 COUNCIL MEETING MINUTES August 26, 1991 TAPE READING 0078 COUNCIL BILL NO. 1330 - ORDINANCE AUTHORIZING LOAN FROM THE STATE OF OREGON SPECIAL PUBLIC WORKS FUND FOR INFRASTRUCTURE IMPROVEMENTS NEAR I-5. Councilor Hagenauer introduced Council Bill 1330. Deputy Recorder 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, Council Bill 1330 passed unanimously. Mayor Kyser declared the bill duly passed with the emergency clause. 0110_ 019~3 0221 O255 COUNCIL BILL NO. 1331 - RESOLUTION AUTHORIZING EXECUTION OF CONSTRUCTION OF CERTAIN SEWERAGE IMPROVEMENTS NEAR I-5. Council Bill 1331 was introduced by Hagenauer. The bill was read by title only since there were no objections from the Council. Attorney Shields distributed copies of a revised agreement in which Davidson Farms will pay Pioneer Trust's share of the costs, however, Pioneer Trust will not be allowed to connect to the system until they pay their share of the total costs. On roll call vote for final passage, the bill passed unanimously. Mayor Kyser declared Council Bill 1331 duly passed. ILL NO 1332-RESOLUTION AUTHORIZING PARKING TIME ~~O~S AND'ESTABLISHING A LOADING ZONE IN SELECTED AREAS WITHIN THE CENTRAL BUSINESS DISTRICT. Council Bill 1332 was introduced by Council Hagenauer. 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 1332 duly passed. COUNCIL BILL NO. 1333 - ORDINANCE AMENDING ORDINANCE 1807 REGARDING SETBACK DISTANCES OF FENCES ON CORNER LOTS. Councilor Hagenauer introduced Council Bill 1333. Deputy 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 fin'al passage, the bill passed unanimously. Mayor Kyser declared Council Bill 1333 duly passed. CONTRACT AWARD - I-5 SEWER LINE BORE AND PUMP STATION WET WELL INSTALLATIONS- The staff recommended the acceptance of the Iow bid from Pipe Tech, Inc., in the amount of $441,305 for installation of a sewer line bore and the concrete shell of the pump station. HAGENAUER/SIFUENTEZ .... award the contract to Pipe Tech, Inc., in the amount of $441,305. The motion passed unanimously. Page 5 - Council Meeting Minutes, August 26, 1991 COUNCIL MEETING MINUTES August 26, 1991 TAPE READING 0302 CONTRACT AWARD - WEST WOODBURN SEWAGE SYSTEM PUMP STATION 0326 AND FORCE MAIN. The staff recommended the acceptance of the Iow bid from Kizer Excavating in the amount of $380,290 for lift station pumping facilities and installation of force mains. SlFUENTEZ/STEEN .... approve the Iow bid from Kizer Excavating in the amount of $380,290. The motion passed unanimously. COUNCIL BILL NO. 1334. - RESOLUTION AUTHORIZING CITY TO EXECUTE AN AMENDMENT TO A CONTRACT WITH CH2M HILL FOR PROFESSIONAl- 0371 SERVICES. Public Works Director Tiwari briefly reviewed the proposed bill which pertains to the consultant fees for designing the pump station and force main. The City would pay only 1/2 of the additional costs not to exceed $18,000 with the balance being absorbed by CH2M Hill. Council Bill 1334. was introduced by Hagenauer. since there were no objections from the Council. passage, Council Bill 1334 passed unanimously. duly passed. The bill was read by title only On roll call vote for final Mayor Kyser declared the bill COUNCIL BILL NO. 1335 - RESOLUTION ENTERING INTO A COOPERATIVE 0495 AGREEMENT WITH THE STATE OF OREGON AND WAL-MART STORES, INC. FOR TRAFFIC SIGNAL INSTAl I &TION AT HWY. 214/EVERGREEN ROAD. Council Bill 1335 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Public Works Manager Rohman stated that the State Highway Department will install the traffic signal, Wal-Mart Stores will pay for the installation costs, and the City will be responsible for maintenance of the asphalt and the electrical power costs to operate the traffic light. On roll call vote for final passage, the bill passed unanimously. The Mayor declared Council Bill 1335 duly passed. ACCEPTANCE OF EASEMENT ON SETTLEMIER STREET NEAR SE'R'LEMIER PARK. 'r/he staff recommended the acceptance of easements from Robert & Lois Montgomery and Jerry & Nancy Shirley which allows for the construction of a new home on property transferred to the Shirley's. The easements as rewritten will provide adequate width and depth to meet the City's needs. SIFUENTEZ/HAGENAUER... accept the easements from the Montgomery's and Shirley's as recommended by staff. The motion passed unanimously. Page 6 - Council Meeting Minutes, August 26, 1991 COUNCIL MEETING MINUTES August 26, 1991 TAPE READING 0517 ACCEPTANCE OF EASEMENTS - INDUSTRIAL PARK. The staff recommended the acceptance of a waterline and sewerline easement from trustees C.W. Bagley, Ray Johnson, and Marlin Hammond. HAGENAUER/SIFUENTEZ... accept the waterline and sewerline easement as recommended. The motion passed unanimously. 0527 SALE OF SURPLUS PROPERTY - CLARIFIER SYSTEMS. Public Works Manager Rohman recommended the acceptance of the high bid from Logan International, Ltd for purchase of 4 clarifier systems from the old Sewage Treatment Plant since the clarifiers are of no use to the City. SlFUENTEZ/HAGENAUER .... accept the bid of $2,000 to purchase the 4 clarifier systems as recommended by staff. The motion passed unanimously. 0581 ANNUAL CITY INVESTMENT REPORT. Finance Director Gritta provided the Council with an informational report on the status of City investments in accordance with the City's investment policy. 0627 A bdef staff report on the Transportation Project was included in the agenda packet for Council information. A more detailed report will be provided at the next regular meeting. 0654 A staff report on the Communications Enhanced 9-1-1 conversion was briefly reviewed with Council review of bids at the next regular meeting. 0681 Councilor Sifuentez urged the Planning staff to pay close attention to the street width issue on Landau Drive before any development on the east side of the street is allowed. 0716 Mayor Kyser expressed his appreciation for the cooperation demonstrated by Davidson Farms and KLAW Holdings in completing this most recent agreement. He also stated that he would investigate the complaints made by Willowbrook residents and report back at the ne~xt meeting. O766 ADJOURNMENT. The meeting adjourned at 8:50 p.m.. APPROVED FRED W. KYSER, MAYOR A'I-rEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, August 26, 1991 SPECIAL COUNCIL MEETING MINUTES Executive Session August 28, 1991 TAPE READING DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 28, 1991. CONVENED. The Council met in special 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 Absent Councilor Sifuentez Present Councilor Steen Present Staff Present: Deputy Recorder Tennant. Selection Committee Members: John Hudanish, Job Valverde, Mary Schultz, Keith Robinson, Dan Glennon EXECUTIVE SESSION. The Council met under the authority of ORS 192.660 (1)(a) to consider employment applications for the position of City Administrator. The executive session convened at 7:01 p.m.. The Council and Selection Committee members reviewed 12 applications for the position. Following the review, 5 applications were selected as primary candidates from which the Council will continue the review process towards final selection of an individual to fill the position. The executive session concluded at 8:39 p.m. The Council reconvened the special meeting at 8:40 p.m.. The Mayor stated that no action would be taken by the Coudcil at this meeting. ADJOURNMENT. The special meeting adjourned at 8:41 p.m.. APPROVED FRED W. KYSER, MAYOR ATTEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 1 - Special Council Meeting Minutes, Executive Session, August 28, 1991 MINUTES WOODBURN RECREATION AND PARKS BOARD REGULAR MEETING AUGUST 13, 1991 CALL TO ORDER The Meeting was called to order at 7:20pm in the Woodbum Community center by Chairman Andy Yanez. ROLL CALL: Members Present: Andy Yanez, Dave Ott, Sue Fofana-Dura, Barbara Rappleyea, Larry Watson. Members Absent: Lynda Hamilton and Jack Mitchoff Staff Present: Director Nevin Holly. ADOPTION OF MINUTES The Minutes of the July 16, 1991 Recreation and Parks Board were presented for approval. Dave Ott asked if Roger Wilder from MacLaren School had been given his certificate of appreciation. Director said this certificate was being drafted at this time. MOTION: D. OTT: Moved to adopt the Recreation and Parks Board " Minutes of July 16, 1991 as written. S.FOFANA-DURA: Motion passed unanimously. Seconded the Motion. ADOPTION OF AGENDA The Agenda for the August 13, 1991 Recreation and Parks Board Meeting was presented for adoption. MOTION: D. O'i-!': Moved to adopt the Recreation and Parks Board - Meeting Agenda of August 13, 1991 as written. 5o S.FOFANA-DURA: Motion passed unanimously. Seconded the Motion. NAMING OF WEST WOODBURN PARK The names submitted for the naming of West Woodburn Park were reviewed. There were several excellent suggestions, however the Board unanimously choose the name Burlingham Park, which had been submitted several times, in honor of long time Woodbum Community Leader Don Burlingham. The dedication of this park will be discussed at the next meeting. PARKS ClP PRIORITIZATION '" The plans for Centennial Park were reviewed. The Board then took a ride over to Centennial Park to familiarize themselves with the Park site. Upon returning from the tour the Board had a long discussion on Centennial. All agreed this must be a high priority in the coming year. It was unanimously decided that a task force be formed which would work with the Director on this project. Nevin indicated he felt the Centennial Task Force should be representative of all segments of the community. The formation of the Fund Raising Community eluded to earlier was discussed. Nevin suggested that possibly it would be a more effective group if they were challenged in one direction, such as a Centennial Fund Raising Committee. PAGE 2 Recreation and Parks Board Minutes August 13, 1991 The Capital Improvement Programs list were was reviewed by the Board. The Director went over the proposed project developments on each site. The Board discussed long term comprehensive park planning and how it relates to Department goals and obiectives. After a lengthy discussion and review, it was decided that a priority list would be established at the next Board meeting. ADJOURNMENT: The Meeting adjourned at 9:40pm. MINUTES MONTHLY MEETING OF WOOOBURN PUBLIC LIBRARY BOARD DATE: August 21, 1991 ROLL CALL: Phyllis Bauer - Present Joan Flomer - Present Gloria Predeek - Present Jean Weatherill- Excused Jan ZyryanoFF - Present STAFF PRESENT: Judy Coreson, Recording Secretary GUESTS: None CALL TO ORDER: President Phyllis Bauer called the meeting ko order at 1:4D PM Following a delicious luncheon she provided at her home. SECRETARY'S REPORT: The monthly Board minutes oF July 24, 1991 were approved as submitted. DIRECTOR'S REPORT: ~inda could not attend the meeting due to a Family illness. Judy reported on the items listed on the agenda. Monthly/Annual Statistics: were sel~-explanatory. The monthly statistics Activities: A list oF activities was distributed to the Board. On August 1 twenty Five children and seven adults attended the Marion County Extension Service "Healthy Snacks" presentation. AFter the demonstration, recipes were given out and the children decorated lunch begs. On August 15 the "Magic oF Reading Show" was well attended with 100 children and 2S adults. Cookies were donated by Roths IGA and SaFeway. Twenty eight teens attended the Teen Summer Contest Party at the Uoodburn Be~y Museum. A prize drawing, museum tour, ice cream sundaes, 'end 2 videos were provided. A total oF 38 teems were involved in the Teen Summer Contest. Planning ~or the Fall is now bein~ done which includes school visits, Float in the Farm~est Parade, preschool storytime, and a meeting with the school librarians. Book Detection System: Linde is information From the Knogo Company their system. needing more concerning "Tree Hazard": The Street Department promptly repaired the sunken bricks around the tree at the 2nd Street entrance at Linda's request. OLD BUSINESS: None NEW BUSINESS: A letter o~ appreciation to Woodburn Womens Club · or their donation o~ $25.00 in memory o~ Ems Seeley was signed by President Phyllis Bauer. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at 2:3S PM. Respectfully Submitted, Recording Secretary Library Board Minutes - 8/21/91 2 Woodburn Museum Advisory Committee, Regular Meeting: Aug 14/91 CALL TO ORDER President Vance called the meeting at 1:15 pm. Present: Vance Yoder, Red Eaden, Lou Jane Cornwell, Nevin Holly, Clair Nelson, Gene Stoller, Bob Baynham, Nancy Kirksey, and Hazel Smith. Absent: Bob Hughes, Ed Murphy, Paul Graham, Ernie Livesay, Chris McNulty and Bob Sigloh. Guests: Glen Eaton, OR Electric Historical Soc., 393-1399 Jim Audritsh, Jim's Cleaning Service, 981-6008 Kevin Hohnbaum, Plaza Players, 981-3648. II Red Eaden moved to accept July 10th minutes as written and mailed. Motion seconded/passed. III Correspondence: Chris McNulty's letter was read by Nevin Holly, offering to learn grant application writing to benefit the Museum. Consensus of the Board Members was to relay our hearty acceptance of her offer. TREASURE'S REPORT, by Lou Jane Cornwell: Expenditures: 646.00 Elk's theatre dinners/sandwiches 150.00 Starry Night Players 253.17 Hoffman Pluming, supplies (Cemtury Club Membership for his labor) 160.00 Marion County Permit. Income: 1,000 dollar donation from Dr. Reed. 3 Century Club members, Crafts & Ice Cream (not tallied). Total Balance: $16,168.42. Bills presented: Gower Graphics, front sign 46.00 Wolfers,labor & water htr pan 11.10 True Value Hardware 61.16 Woodb. Lumbr. 2 months bill 210.74 Red Eaden moved to acce'~ the report: Seconded/passed V Guest's Reports: 1. Glenn Eaton described a future trolley circling one/two blocks in downtown, requiring a grant to install historically designed light poles to extend electricity. G. Stoller will be liaison person. 2. Jim Audritsh will advertise the Museum on his van with a 18x24 space. He presented $100 donation for VI which the Museum offered Century Club Membership. 3. Kevin Hohnbaum's theatre group will present "Plaza Suite" by Neil Simon Aug 22,23,24, @ 7:30, Aug25 @ 2:30. They expect to perform 4 plays a year. UNFINISHED BUSINESS: 1. Bldg Sales Contract: will finish Sept 1, 1991. (New) N. Holly reported we are expected to pay the street assessment lien plus closing costs estimated to total around $1,000.00. Lou J. Cornwell moved to pay the street assessments and closing costs based on N. Holly's estimate. Motion seconded/passed. 2. Roof: Vance Yoder and Ed Murphy will contact landlady on the North, Esther Cookman, about necessity of repairing her roof. Consensus of the members was that we should pay a portion of the roof repair to insure a northern dry wall. 3. Plumbing Bill: Since Elmer Hoffman contributed his labor, R Eaden moved to give him a Century Club membership plus a certificate of recognition. Motion seconded/passed. NEW BUSINESS; 1. G. Stoller asked to have L. Minard come to the next meeting to explain "graphics arts" and "visual arts" museums. 2. N. Kirksey asked for help with the screen Aug 15, 1:00 pm., for library function. 3. Calendars: N. Kirksey moved we have 1992 calendars. Motion seconded/ Passed. R. Eaden will chair, assisted by N. Holly. 4. Public Relations: R. Baynham and V. Yoder will consult with W. Independent requesting sensitivity in reporting financial obligations of the Museum. The City in only the legal vehicle for purchase of the buildings. 5. Awards: Certificates of Recognition were prepared for Century Club Members. A special thanks to Bob Baynham for his newsletter. October 10th = Rotary & Volunteer Recognition day. N. Kirksey and LJ Cornwell will arrange refreshments, and H. Smith will invite them. 6. N. Kirksey moved the n~t meeting date Sept 18th. Motion seconded/ passed. Adjourned: 3:00 H. Smith, recording secretary. CITY OF 270 Montgomery Street · WOODBURN Wooclburn, Oregon 97071 · 982-5222 PROCLAMATION CONSTIT WEEK SEPTEMBER 17 - 23, 1991 WHEREAS, Our Founding Fathers, in order to secure the blessing of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America, and WHEREAS, The Bill of Rights, the first ten amendments to the Constitution, was ratified in 1791 and for 200 years has stood the test of time and the stress of history, and WHEREAS, It is very important that all citizens fully understand the provisions and principles of the Constitution in order to support it, preserve it and defend it against encroachment, and WHEREAS, The independence guaranteed to the American people by the Constitution should be celebrated during the Constitution Week, September 17 through 23, as designated by proclamation of the President of the United States of America, NOW, THEREFORE, I, Fred W. Kyser, by virtue of the authority vested in me as Mayor of the City of Woodburn, do hereby proclaim the week of September 17 through 23, 1991 as Constitution Week in Woodburn, and urge all citizens to pay special attention to the advantage of American citizenship. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the City of Woodburn to be affixed this 4th day of September, 1991. MEMO TO: FROM: SUBJECT: DATE: City Council through Acting City Administrator Nevin Holly, Director- Recreation and Parks System Development Charges September 5, 1991 In tonight's council packet is a resolution to adopt the proposed Systems Development Charges as they pertain to Recreation and Parks. As alluded to in the August 22 memorandum the Woodburn Recreation Parks Board and Staff views these fees as critical in that they give the department a means to deal with future development needs. The level recommended by the Henderson and Young study, which allows the department a means to keep pace with development at the current level of service is 322.16. In the August 22nd memorandum a standard of 241.60 or 75% of the Henderson and Young recommended level was proposed. The recommendation of a five-year phasing program was projected in that scenario. In order to be consistent with the water and sewer system development proposal, the revised Parks SDC recommendation phases in its fees over a four-year plan, which is in concurrence with sewer and water. In order to maintain a minimal impact on developers, the $177.00 per capita figure is proposed. This represents 55% of the Henderson and young proposal of 322.16. Although this proposal represents only roughly haft the level which is necessary to maintain parks at their current level of standard, the fund certainly will serve as one of the few identifiable sources of capital development on Woodburn parks. These funds can only be expended on capital park projects. The cannot by law be expended to correct existing deficiencies. The funds are held in separate SDC accounts and must clearly be expended on projects which new developments impact. They cannot be held in long term trust and, in fact, must revolve in and out as development occurs. The Woodburn Recreation Parks Board and staff feel these System Development Charge fees will have a long term measurable impact on Woodburn City Parks. NH:Ig NEVIN.$DC WOODBURN RECREATION AND PARKS SYSTEM DEVELOPMENT CHARGES FOUR-YEAR PHASING PLAN From ordinance adoption - December 31, 1992 PERSON SDC COST SDC CHARGE TYPE OF UNIT PER UNIT PER CAPITA PER UNIT Single Family- Detached 2.73 98.20 268.10 Single Family- Attached 2.69 98.20 264.20 Multi-Family 2.78 98.20 273.00 Mobile Home 2.17 98.20 213.00 January 1, 1993 - December 31, 1993 Single Family- Detached Single Family- Attached Multi-Family Mobile Home 2.73 124.50 339.90 2.69 124.50 334.90 2.78 124.50 346.10 2.17 124.50 270.20 January 1, 1994 - December 31, 1994 Single-Family- Detached Single Family- Attached Multi-Family Mobile Home 2.73 150.70 411.40 2.69 150.70 405.40 2.78 150.70 418.90 2.17 150.70 327.00 January 1, 1995 - Final Phasing Single Family- Detached Single Family- Attached Multi-Family Mobile Home 2.73 177.00 483.20 2.69 177.00 476.10 2.78 177.00 492.10 2.17 177.00 384.09 NEV[#.SDC MEMO TO: FROM: SUBJECT: DATE: City Council through Acting City Administrator Public Works Director'~~:~ Water and Sewer Systems Development Charge September 3, 1991 RECOMMENDATION: The City Council authorize staff to bring the documents that allow acceptance of the water and sewer methodology basis of systems development charges recommended by the consultant and allows the charges to increase gradually in a period of four years. BACKGROUND: The state legislature adopted Oregon System Development ACt (ORS 223.297-223.314) in 1989. The purpose of this legislation was to provide uniform framework for systems development charges also known as connection fees and capacity fees. The law required that all communities be in compliance by July, 1991, and restricted the use of systems development charges to capital improvements only. In response to state law, the City of Woodburn hired Henderson, Young and Company to develop methodology for imposing systems development charges that meet the requirements of the law. Woodburn City Council held a workshop on July 29, 1991 to review the work done by the consultants. It appeared that the council was satisfied with the methodology but it was not ready to make a policy decision and adopt the higher charges without further consideration. It should be noted that the City of Woodburn does have a systems development charge but it is called a connection fee for sewer and capacity fee for water. Since the city ordinance dictates these revenues be used for capital improvements only, the City of Woodburn already complies with one segment of the new state law. After the acceptance of the consultant's recommendation on methodology, the city will be in compliance with the other segments also as it relates to water and wastewater system development charge. It is recommended that the change in the system development charge be approved in incremental phases as follows: WATEFI: Current fo(ed charge Current f'~(ed charge basis Future charge allowed by study Recommended charge basis S/gal x no. of people/house x gal/capita (use 2.69) (use 108) For Single Family Residence $ 750 $ 2.79/gal (based on 108 gal. per capita) $ 5.26/gal (will allow fixed charge of $1,530.00) 1st year 2nd year 3rd year 4th year (Jan '93) (Jan '94) (Jan '95) ~ 3.50/gal $ 4.00/gal $ 4.50/gal $ 5.00/gal $1016 $1162 $1307 $1452 /o4 It is recommended that all residential units, i.e., single family detached/attached and multi-family units be placed in one category for the system development charges. The mobile home park units utilize 2.17 people per unit for the determination of charge. The non-residential units will be based on the estimated flow. For Sin.qle Family Residence Current r0(ed charge Current fLxed charge basis Future charge allowed by study $1,000 $ 3.71/gal (based on 108 gal. per capita) A- $ 9.76/gal (will allow rD(ed charge of $2,842) B- $14.37/gal (will allow fixed charge of $4181) Although the city may choose any number below $14.37/gal it is recommended that $9.75/gal be used as a basis for developing incremental numbers, since it considers plant expansion also. Ultimate recommended basis Incremental recommended basis Recommended charge basis Recommended fixed charge S/gal x no. of people/house x gal/capita (use 2.69) (use 108) $ 9.75/gal (will allow fixed charge of $2,832) 1st year 2nd year 3rd year 4th year (Jan '93) (Jan '94) (Jan '95) ~$ 4.50/gal $ 6.25/gal $ 8.O0/gal $ 9.75/gal $1307 - '- $ 1815 $ 2324 $ 2832 It is recommended that all residential units, i.e., single family detached/attached and multi-family units be placed in one category for the system development charges. The mobile home park units utilize 2.17 people for the determination of charge. The non-residential units will be based on the estimated flows. I will be available in the meeting to answer questions. GST:Ig SYSDEVEL.CHG COUNCIL BILL NO. 1 33 ~ ORDINANCE NO. ,,.? 0'70 AN ORDINANCE ESTABLISHING SYSTEM DEVELOPMENT CHARGES FOR WATER, SEWER, AND PARKS AND RECREATION FACILITIES. WHEREAS, future growth should contribute its fair share to the cost of improvements and additions to City water, sewer, and park and recreation facilities that are required to accommodate the needs of such growth; and WHEREAS, the imposition of system development charges will provide a source of revenue to fund the construction or improvement of the City's water, sewer, and parks and recreation facilities necessitated by growth; and WHEREAS, ORS 223.297 - 223.314, adopted in 1989, authorizes local governments to impose system development charges; and WHEREAS, the City's present system development charges must be revised to comply with Oregon law; and WHEREAS, the City of Woodburn has completed a review and modification of its system development charges in order to insure their compliance with Oregon law; and WHEREAS, system development charges are charges incurred upon the election to develop property at a specific use, density and/or intensity, and the incurred charge equals, or is less than the actual cost of providing public facilities commensurate with the needs of the chosen use, density, and or intensity; election of other uses, densities, and/or intensities causes direct and proportional changes in the amount of the incurred charge; and system development charges are separate from and in addition to any applicable tax, assessment, charge, fee in lieu of assessment, or other fee provided by law or imposed as a condition of development; NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. The following definitions apply: (A) "Applicant" shall mean the owner or other person who applies for a building permit, development permit, or connection to the City's water or sewer system. (B) "Building" shall mean any structure, either temporary or permanent, built for the support, shelter or enclosure of persons, chattels or property of any kind. This term shall include tents, trailers, mobile homes or any vehicles serving in any way the function of a building. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a building permit. Page I - COUNCIL BILL NO. ORDINANCE NO. (C) "Building Permit" shall mean an official document or certificate authorizing the construction or siting of any building. For purposes of this Ordinance, the term "Building Permit" shall also include any construction or installation permits which may be required for those structures or buildings, such as a mobile home, that do not require a building permit in order to be occupied. (D) "Capital Improvements" shall mean public facilities or assets used for any of the following: 1) Water supply, treatment, storage, and transmission/conveyance; 2) Sewage collection/conveyance, treatment, and disposal; or 3) Park and recreation. (E) "Citizen or Other Interested Person" shall mean any person who is a legal resident of the City of Woodburn as evidenced by registration as a voter in the City, or by other proof of residency; or a person who owns, occupies, or otherwise has an interest in real property which is located within the City limits or is otherwise subject to the imposition of system development charges, as outlined in Section (3) of this ordinance. (F) "Development" shall mean a building or other land construction, or making a physical change in the use of a structure or land, in a manner which increases the usage of any capital improvements or which will contribute to the need for additional or enlarged capital improvements. (G) "Development Permit" shall mean an official document or certificate, other than a building permit, authorizing development. (H) "Dwelling Unit" shall mean a building or a portion of a building designed for residential occupancy, consisting of one or more rooms which are arranged, designed or used as living quarters for one family only. (I) "Encumbered" shall mean monies committed by contract or purchase order in a manner that obligates the City to expend the encumbered amount upon delivery of goods, the rendering of services, or the conveyance of real property provided by a vendor, supplier, contractor or Owner. (J) "Improvement Fee" shall mean a fee fo~.r costs associates with capital improvements to be constructed after the effective date or'this ordinance. (K) "Owner" shall mean the person holding legal title to the real property upon which development is to occur. (L) "Person" shall mean an individual, a corporation, a partnership, an incorporated association, or any other similar entity. Page 2- COUNCIL BILL NO. ORDINANCE NO. ,/ (M) "Qualified Public Improvement" shall mean a capital improvement that is: 1) Required as a condition of residential development approval; 2) Identified in the capital improvement plan adopted pursuant to Section (4)(D); and 3) Not located on or contiguous to property that is the subject of residential development approval. (N) "Reimbursement Fee" shall mean a fee for costs associated with capital improvements already constructed or under construction on the effective date of this ordinance. (0) "System Development Charge" shall mean a reimbursement fee, an improvement fee, or a combination thereof assessed or collected at the time of increased usage of a capital improvement or issuance of a development permit, building permit or connection to the capital improvement. System development charges are separate from and in addition to any applicable tax, assessment, fee in lieu of assessment, or other fee or charge provided by law or imposed as a condition of development. System development charges do not include connection or hook-up fees that reimburse the City for the average cost of inspecting and installing connections to water an sewer capital improvements. (P) "System Development Charge Study" shall mean the study adopted pursuant to Section (3)(B), as amended and supplemental pursuant to Section (3)(H). Section 2. Rules of Construction. For the purposes of administration and enforcement of this ordinance, unless otherwise stated in this ordinance, the following rules of construction shall apply: (A) In case of any difference of meaning or implication between the text of this ordinance and ion, illustration, summary table, or illustrative table, the text shall control. (B) The word "shall" is always mandatory and not discretionary; the word "may" is permissive. (C) Words used in the present tense shall include the future; words used in the singular shall include the plural and the plural the singular, unless the context ctearly indicates the contrary; and use of the masculine gender shall include the feminine gender. (D) The phrase "used foP' includes "arranged for", "designed foP', "maintained for", or "occupied for". (E) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "either"...or", the conjunction shall be interpreted as follows: 1) "And" indicates that all the connected terms, conditions, provisions or events shall apply. Page 3 - COUNCIL BILL NO. ORDINANCE NO. 2) "Or" indicates that the connected items, conditions, or provisions or events may apply singly or in any combination. 3) "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. (F) The word "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like find or character. Section 3. Imposition of System Development Charges. System development charges are hereby imposed, subject to the following conditions. (A) Development Subject to Charges. System development charges are imposed on all development within the City for capital improvements for water, sewer, and parks and recreation,. System development charges are imposed on any development outside the City boundary for water and sewer capital improvements, if such development connects to or otherwise uses the City's water or sewer systems. The system development charges shall be paid in addition to all other fees, charges and assessments due for development, and are intended to provide funds only for capital improvements necessitated by new development. (B) Rates of Charges: 1) The City hereby adopts and incorporates by reference the study entitled "System Development Charges for Woodburn, Oregon", dated July 29, 1991, particularly the assumptions, conclusions and findings in such study as to the determination of anticipated costs of capital improvements required to accommodate growth and the rates for system development charges to reimburse the City for such capital improvements. 2) System development charges shall be imposed and calculated for the alteration, expansion or replacement of a building or dwelling unit if such alteration, expansion or replacement results in an increase in the use of capital improvements compared to the present use of the development. The amount of the system development charge to be paid shall be the difference between the rate for the proposed development and the rate that would be imposed for the development prior to the alteration, expansion or replacement. 3) The City shall, based upon the study referred to in subsection (1) above, adopt by resolution the amounts of system development charges. (C) Payment of Charges. Except as otherwise provided in this ordinance, applicants for building permits, development permits, or connection to City water or sewer systems shall pay the applicable system development charges prior to the issuance of the permit or connection by the city. Page 4 - COUNCIL BILL NO. ORDINANCE NO. (D) Alternative Rate Calculation. _Applicants may submit alternative rates for system development charges, subject to the following conditions: 1) In the event an applicant believes that the impact on City capital improvements resulting from his development is less than the fee established in Section (3)(B), such applicant may submit a calculation of an alternative system development charge to the City Council. 2) The alternative system development charges rate calculations shall be based on data, information and assumptions contained in this ordinance and the adopted system development charges study or an independent source, provided that the independent source is a local study supported by a data base adequate for the conclusions contained in such study performed pursuant to a generally accepted methodology and based upon generally accepted standard sources of information relating to facilities planning, cost analysis and demographics. 3) ff the City Council determines that the date, information and assumptions utilized by the applicant to calculate the alternative system development charges rates comply with the requirements of this Section by using a generally accepted methodology, the alternative system development charges rates shall be paid in lieu of the rates set forth in Section (3)(B). 4) If the City Council determines that the data. information and assumptions utilized by the applicant to calculate the alternative system development charges rates do not comply with the requirements of this Section or were not calculated by a generally accepted methodology, then the City Council shall provide to the Applicant (by certified mail, return receipt requested) written notification of the rejection of the alternative system development charges rates and the reason therefor. 5) any applicant who has submitted a proposed alternative system development charges rate pursuant to this Section and desires the immediate issuance of a building permit, development permit, or connection shall pay the applicable system development charges rates pursuant to Section (3)(B). Said payment shall be deemed paid under "protest~' and shall not be construed as a waiver of any right of review. Any difference between the amount paid and the amount due, as determined by the Council, shall be refunded to the applicant. (E) ~. The following developmerjt-shall be exempt from payment of the system development charges: 1) Alterations, expansion or replacement of an existing dwelling unit where not additional dwelling units are created and no change in use has occurred. 2) The construction of accessory buildings or structures which will not create additional dwelling units and which do not create additional demands on the City's capital improvements. Page 5 - COUNCIL BILL NO. ORDINANCE NO, 3) The issuance of a permit for a mobile home installation on the property which applicable system development charges have previously been made for such installation as documented by receipts issued by the City for such prior payment. 4) Development with vested rights, determined in the following manner: Any owner of land which was the subject of a building permit or development permit issued prior to the effective date of this ordinance may petition the City for a vested rights determination which would exempt the landowner from the provisions of this ordinance. Such petition shall be evaluated in writing by the City Attorney and a decision made by the City Council based on the following criteria: a) The existence of a valid, unexpired permit issued by the City authorizing the specific development for which a determination is sought; b) Substantial expenditures or obligations made or incurred in reliance upon the authorizing governmental act; c) Other factors that demonstrate it is highly inequitable to deny the owner the opportunity to complete the previously approved development under the conditions of approval by requiring the owner to comply with the requirement of this ordinance. For the purposes of this paragraph, the following factors shall be considered in determining whether it is inequitable to deny the owner the opportunity to complete the previously approved development: (i) Whether the injury suffered by the owner outweighs the public cost of allowing the development to go forward without payment of the system development charges required by this ordinance; and (ii) Whether the expenses or obligations for the development were made or incurred prior to the effective date of this Ordinance. (F) Credits for Development contributions of Qualified Public Improvements. The City shall grant a credit against the system development charges imposed pursuant to Section (3) (A) and (B) for the donation of land as permitted by Ordinance 1807. or for the construction of, any qualified public improvements. Such land donation and construction shall be subject tO the approval of the City. 1) The amount of developer contribution credit to be applied shall be determined according to the following standards of valuation: a) The value of donated lands shall be based upon a written appraisal of fair market value by a qualified and professional appraiser based upon comparable sales of similar property between unrelated parties in a bargaining transaction; and b) The cost of anticipated construction of qualified public improvements shall be based upon cost estimated certified by a professional architect or engineer. Page 6- COUNCILBILL NO. ORDINANCE NO. 2) Prior to issuance of a building permit, development permit, or connection, the applicant shall submit to the City Administrator a proposed plan and estimate of cost for contributions of qualified public improvements. The proposed plan and estimate shall include: a) a designation of the development for which the proposed plan is being submitted; b) a legal description of any land proposed to be donated pursuant to Chapter 39 of the Woodburn Zoning Ordinance, Ordinance 1807, and a written appraisal prepared in conformity with subsection (1)(a) of this Section. c) a list of the contemplated capital improvements contained within the plan; d) an estimate of proposed construction costs certified by a professional architect or engineer; and e) a proposed time schedule for completion of the proposed plan. 3) the City Administrator shall determine if the proposed qualified public improvement is: a) Required as a condition of residential development approval; b) Identified in the capital improvement plan adopted pursuant to Section 4(D); and c) Not located on or contiguous to property that is the subject of residential development approval. The decision of the City Administrator as to whether to accept the proposed plan of contribution and the value of such contribution shall be in writing and issued within fifteen (15) working days of the review. A copy shall be provided to the applicant. 4) Any applicant who submits a proposed plan pursuant to this Section and desires the immediate issuance of a building permit, development permit, or connection, shall pay the applicable system development charges. Said payment shall be deemed paid under "protest" and shall not be construed as a waiver of any review rights. Any difference between the amount paid the amount due, as determined by the City Administrator, shall be refunded to the applicant. In no event shall a refund by City under this subsection exceed the amount originally paid by the applicant. Page 7 - COUNCIL BILL NO. ORDINANCE NO. (G) 5) In the event the amount of developer contribution determined to be applicable by the City Administrator pursuant to an approved plan of contribution exceeds the total amount of system development charges due by the applicant, the City may execute with the applicant an agreement for future reimbursement of the excess of such contribution credit from future receipts by the City of other system development charges. Such agreement of reimbursement shall be subject to City Council (~oproval and not be for a period in excess of five years from the date of completion of the approved plan of contribution and shall provide for a forfeiture of any remaining reimbursement balance at the end of such frye year pedod. Appeals and Review Hearin.qs. 1) An applicant who is required to pay system development charges shall have the right to request a hearing to review the denial by the City Administrator of any of the following: a) A proposed credit for contribution of qualified public improvements pursuant to Section (3)(F). 2) Such hearing shall be requested by the applicant within fifteen (15) days of the date of first receipt of the denial by the City Administrator. Failure to request a hearing within the time provided shall be deemed a waiver of such right. 3) The request for hearing shall be filed with the City Administrator and shall contain the following: a) The name and address of the applicant; b) The legal description of the property in question; c) If issued, the date the building permit, development permit, or connection was issued; d) A brief description of the nature of the development being undertaken pursuant to the building permit, development permit, or connection; e) If paid, the date the system development charges were paid; and f) A statement of the reasons why the applicant is requesting the hearing. 4) Upon receipt of such request, the City Administrator shall schedule a hearing before the City Council at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant written notice of the time and place of the hearing. Such hearing shall be held within forty- five (45) days of the date the request for hearing was filed. Page 8- COUNCIL BILL NO. ORDINANCE NO. 5) Such hearing shall be before the City Council and shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedures and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. 6) Any applicant who requests a hearing pursuant to this Section and desires the immediate issuance of a building permit, development permit, or connection shall pay prior to or at the time the request for hearing is filed the applicable system development charges pursuant to Section (3)(B). Said payment shall be deemed paid under "protest" and shall not be construed as a waiver of any review rights. 7) An applicant may request a hearing under this Section without paying the applicable system development charges, but no building permit, development permit, or connection shall be issued until such system development charges are paid in the amount initially calculated or the amount approved upon completion of the review provided in this Section. (H) Review of Study and Rates. This ordinance and the system development charges study shall be reviewed at least once every four years. The review shall consider new estimates of population and other socioeconomic data, changes in the cost of construction and land acquisition, and adjustments to the assumptions, conclusions or findings set forth in the study adopted by Section (3)(B). The purpose of this review is to evaluate and revise, if necessary, the rates of the system development charges to assure that they do not exceed the reasonably anticipated costs of the City's capital improvements. In the event the review of the ordinance or the study alters or changes the assumptions, conclusions and findings of the study, or alters or changes the assumptions, conclusions and findings of the study, or alters or changes the amount of system development charges, the study adopted by reference in Section (3)(B) shall be amended and updated to reflect the assumptions, conclusions and findings of such reviews and Section (3)(B) shall be amended to adopt by reference such updated studies. Section 4. Receipt and Expenditure of System Development Charges., (A) Trust Accounts. The City hereby establishes a separate trust account for each type of system development charge to be designated as the 'Water SDC Account", the "Sewer SDC Account", and the "Parks and Recreation SDC Account", which shall be maintained separate and apart from all other accounts of the City. All system development charge payments shall be deposited into the appropriate trust account immediately upon receipt. (B) Use of System Development Char.qes, The monies deposited into the trust accounts shall be used solely for the purpose of providing capital improvements necessitated by development, including, but not limited to: 1) design and construction plan preparation; 2) permitting and fees; Page 9- COUNCIL BILL NO. ORDINANCE NO. 3) land and materials acquisition, including any costs "of acquisition or condemnation; 4) construction of improvements and structures; 5) design and construction of new drainage facilities required by the construction of capital improvements and structures; 6) relocating utilities required by the construction of improvements and structures; 7) landscaping; 8) construction management and inspection; 9) surveying, soils and material testing; 10) acquisition of capital equipment; 11) repayment of monies transferred or borrowed from any budgetary fund of the City which were used to fund any of the capital improvements as herein provided; 12) payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the City to fund capital improvements; 13) direct costs of complying with the provisions of ORS 223.297 to 223.314, including the costs of developing system development charges methodologies and providing an annual accounting of system development charges expenditures. (C) Prohibited Uses of System Development Charges. Funds on deposit in system development charge trust accounts shall not be used for: 1) any expenditure that would be classified as a routine maintenance or repair expense; or 2) costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements. (D) Capital Improvements Authorized to be Financed by System Development Charges. Any capital improvement being funded wholly or in part with system development charges revenue shall be included in the City's capital improvement program. The capital improvement program shall: 1) list the specific capital improvement projects that may be funded with system development charges revenue; Page 10- COUNCIL BILL NO. ORDINANCE NO. 2) provide the cost of each capital improvement project, and an estimate of the amounts of each revenue source, including system development charges, that will be used to fund each project; 3) provide the estimated timing of each capital improvement project; and 4) be updated at least once every four years. (E) Investment of Trust Account Revenue. Any funds on deposit in system development charges trust accounts which are not immediately necessary for expenditure shall be invested by the City. All income derived from such investments shall be deposited in the system development charges trust accounts and used as provided herein. (F) Refunds of System Development Charges. System development charges shall be refunded in accordance with the following requirements: 1) An applicant or owner shall be eligible to apply for a refund if: a) The building permit, development permit or connection has expired and the development authorized by such permit is not complete; or b) The system development charges have not been expended or encumbered prior to the end of the fiscal year immediately following the ninth anniversary of the date upon which such charges were paid. For the purposes of this Section, system development charges collected shall be deemed to be expended or encumbered on the basis of the first system development charges in shall be the first system development charges out. 2) The application for refund shall be filed with the City Administrator and contain the following: a) The name and address of the applicant; b) The location of the property which was the subject of the system development charges; c) A notarized sworn statement that the petitioner is the then current owner of the property on behalf of which the system development charges were paid, including proof of ownership, such as a certified copy of the latest recorded deed; d) the date the system developr~ent charges were paid; e) A copy of the receipt of payment for the system development charges; and, if appropriate, f) The date the building permit, development permit, or connection was issued and the date of expiration. Page 11 -COUNCIL BILL NO. ORDINANCE NO. 3) The application shall be filed within ninety (90) days of the expiration of the building permit, development permit, or connection, or within ninety (90) days of the end of the fiscal year following the sixth anniversary of the date upon which the system development charges were paid. Failure to timely apply for a refund of the system development charges shall waive any right to a refund. 4) Within thirty (30) days from the date of receipt of a petition for refund, the City Administrator will advise the petitioner of the status of the request for refund, and if such request is valid, the system development charges shall be returned to the petitioner. 5) A building permit, development permit, or connection which is subsequently issued for a development on the same property which was the subject of a refund shall pay the systems development charges as required by Section (3). (G) Annual Accountin~ Reports. The City shall prepare an annual report accounting for system development charges, including the total amount of system development charges revenue collected in each trust account, and the capital improvement projects that were funded. (H) Challen.qe of Expenditures. Any citizen or other interested person (as defined in Section (1)(F) may challenge an expenditure of system development charges revenues. 1) Such challenge shall be submitted, in writing, to the City Administrator for review within two years following the subject expenditure, and shall include the following information: a) the name and address of the citizen or other interested person challenging the expenditure; b) The amount of the expenditure, the project, payee or purpose, and the approximate date on which it was made; and c) the reason why the expenditure is being challenged. 2) If the City Administrator determines that the expenditure was not made in accordance with the provisions of this ordinance and other relevant laws, a reimbursement of system development charges trust account revenues from other revenue sources shall be made within.one year following the determination that the expenditures were not appropriate. *' 3) The City Administrator shall make written notification of the results of the expenditure review to the citizen or other interested person who requested the review within ten (10) days of completion of the review. Page 12- COUNCIL BILL NO. ORDINANCE NO. Section 5. Severability. If any clause, section or provision of this ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said ordinance shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. Approved as to form: Is/ N. Robert Shields City Attorney Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder APPROVED: Fred W. Kyser, Mayor A'I-rEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon SYSDEV.ORO Page 13 - COUNCIL BILL NO. ORDINANCE NO. COUNCIL BILL NO. / -~ ~ 7 RESOLUTION NO. A RESOLUTION SE'I-rING THE AMOUNTS OF SYSTEM DEVELOPMENT CHARGES. WHEREAS, ORS 223.297 - 223.314 authorizes local governments to impose system development charges; and WHEREAS, the City completed a review and modification of its system development charges in order to insure compliance with Oregon law; and WHEREAS, the City passed Ordinance 2070 establishing system development charges for water, sewer, and parks and recreation facilities and WHEREAS, Ordinance 2070 provides that the amounts of system development charges be set by resolution; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The schedule of system development charges for recreation and parks attached as Exhibit "A" and, by this reference incorporated herein, is hereby adopted. Section 2. The schedule of system development charges for water and sewer attached as Exhibit "B" and, by this reference incorporated herein, is hereby adopted. Approved as to form: /s/ N. Robert Shields 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 ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. EXHIBIT IIA|I WOODBURN RECREATION AND PARKS SYSTEM DEVELOPMENT CHARGES FOUR-YEAR PHASING PLAN FROM THE ADOPTION OF ORDINANCE 2070 THROUGH DECEMBER 31, 1992: TYPE OF UNIT Single Family - Detached Single Family - Attached Multi-Family Mobile Home SDC CHARGE PER UNIT 268.10 264.20 273.00 213.00 JANUARY 1, 1993 - DECEMBER 31, 1993: Single Family - Detached Single Family - Attached Multi-Family Mobile Home JANUARY 1, 1994 - DECEMBER 31, 1994: Single Family - Detached Single Family - Attached Multi-Family Mobile Home FROM JANUARY 1, 1995 UNTIL MODIFIED BY RESOLUTION: Single Family - Detached Single Family - Attached Multi-Family Mobile Home 339.90 334.90 346.10 270.20 411.40 405.40 418.90 327.00 483.20 476.10 492.10 384.09 EXHIBIT "B" WATER: For Single Family Residence 1st Year* Jan 1, 1993 Jan 1, 1994- 4th Year** Dec 31, 1993 Dec 31, 1994 Charge per gallon: (flow) $ 3.50/gal. $ 4.00/gal. $ 4.50/gal. $ 5.00/gal. S/gal x no. of people/house x gal/capita: (2.69) (108) $1016 $1162 $1307 $1452 All residential units, i.e., single family detached/attached and multi-family units are placed in one category for the system development charges. The mobile home park units utilize 2.17 people per unit for the determination of charge. The non-residential units will be based on the estimated flow. SEWER: For Single Family Residence Charge per gallon: (flow) $ 4.50/gal. $ 6.25/gal. $ 8.00/gal. $ 9.75/gal. S/gal x no. people/house x gal/capita: (2.69) (108) $1307 $1815 $ 2324 $ 2832 All residential units, i.e. single family detached/attached and multi-family units are place in one category for the system development charges. The mobile home park units utilize 2.17 people for the determination of charge. The non-residential units will be based on the estimated flows. * From adoption of Ordinance 2070 through December 31, 1992 ** From January 1, 1995 until modified by resolution MEMO TO: FROM: SUBJECT: DATE: City Council through Acting City Administrator Public Works Director '~ I~--~-~-~----.,----- Storm Drain Contract Award September 5, 1991 RECOMMENDATION: It is recommended that the city council, after reviewing the facts, determine On-Line Construction to be the Iow responsible bidder and accordingly award the contract as outlined in Attachment 1. A proposed resolution has been prepared for your consideration. BACKGROUND: This proposed storm drain project is to provide service to HWI property and also help resolve the future Hwy 214 drainage problem. The funding for this project is mostly shared by the property owner/HWI and the Oregon State Highway Department. The property owner/HWI is funding $45,000 of the project cost, the balance will be paid by the city initially and then next year it is planned to be charged back to Hwy 214 widening cost. There have been more administrative problems on this project than engineering problems. After resolving the easement problems, the City prepared contract documents and advertised for bids having two pipe material options, one being CMP (corrugated metal pipe) and the second being the standard concrete pipe. The bids were received and opened on August 9, 1991 at 10:00 a.m. After bids were analyzed by the engineering staff it was determined that concrete pipe, having the longer life, should be chosen. The contract bids tabulation for concrete pipe option is outlined below: Sched B Contractor Concrete 1- On-Line Construction 73,245.80 2- Pipe Tech, Inc. 86,233.00 3- CEMS, Inc. $89,348.00 4- Bob's Backhoe 102,940.80 (Low bidder) Soon after the bid information became public, the second bidder on the list, namely Pipe Tech, Inc., protested the contract award possibility to On-Line Construction stating that On-Line Construction was not a responsive bidder. The objection is best stated by their attorney in Attachment 2. Two objections which Pipe Tech's attorney is making for trying to disqualify the first bidder, On-Line Construction, are as follows: 1. The addendum was not acknowledged by On-Line Construction because they were not attached to and returned with the bid document. 2. The location of the contractor's principal office is not written in on page six of the bid document. In regard to the objection on the addendum acknowledgment issue: The contract document bid item 5(c) was corrected by the first bidder, namely On-Line Construction, indicating that the contractor has been in possession of the last addendum. Also, On-Line Construction did acknowledge to Mr. Morrison on phone that they have received all addenda. Later Mr. Morrison asked the contractor to send the copies of addenda as acknowledged on the phone. The letter from On-Line Construction along with copies of addenda are enclosed for your reference as Attachment 3. In regard to the objection on not writing the location of principal offices, this is not required by our contract documents on page six. The city contract document requires the name of the principal officer or partner on page six. The contractor did provide his address on page two, as required by the document. Discussion with City Attorney: After receiving the protest, the award date was postponed and discussion with the City Attorney took place. It was the opinion of the City Attorney that On-Line Construction has substantially complied with the requirements of the contract and, therefore, should be considered to be Iow bidder for concrete pipe. After we conveyed this information to the second bidder, Pipe Tech, Inc., we received their request to allow additional time to review the case. The attorney hired by Pipe Tech, Inc. wrote us on August 29, 1991 stating his opinion in favor of awarding the contract to Pipe Tech, Inc. and not to On-Line Construction. A copy of this opinion is enclosed for your reference as Attachment 2. On September 3, 1991, the City Attorney, Acting City Administrator, and Public Works Director met and determined that On-Line Construction has substantially met the contract document requirements and thus should be considered as Iow bidder. Also, as a Iow bidder, the contract award decision should be made in favor of On-Line Construction. Urgency for Project Completion: I would like to inform the council that this project is necessary to transport storm water from HWI property to the Senecal Creek. HWI has already completed its internal storm water system and has brought a storm water pipe to Hwy 214. And according to the developmental agreement between the property owner/HWI and the city, this portion of the drain pipe needs to be constructed. The project has already been delayed because of protest by the second bidder. There may be some liability involved if HWI business suffers because of pavement damage by ponding of storm water. GST:Ig Attachments: 1. Bid tabulation memo by Mr. Morrison 2. Opinion: Pipe Tech, Inc.'s attorney 3. Addenda: On-Line Construction confirmation 4. Time Extension: On-Line Construction letter SENANARD.CC MEMO TO: FROM: SUBJECT: DATE: City Council through Acting City Administrator Assistant City Engineer Willow to Senecal Creek Storm Drain August 23, 1991 RECOMMENDATION: It is recommended that On-Line Construction, Iow bidder for concrete schedule, be awarded the contract for construction of subject storm drain, in the amount of $73,245.80. BACKGROUND: The bid schedules and plans for this project outlined two materials that could be used for construction of the work, namely, corrugated metal pipe and concrete. The aim was to arrive at lowest possible price in each option. A portion of this project will be allocated to state grant for widening Hwy 214. City of Woodburn is involved with design and construction inspection, and $45,000 is provided by the owners of Davidson Farms. The list of bidders and their bid amounts is as follows: Sched A Sched B Contractor CMP Concrete 1- CEMS, Inc. $69,694.00 $89,348.00 2- On-Line Construction 70,171.30 73,245.80 3- Pipe Tech, Inc. 82,411.00 86,233.00 4- Bob's Backhoe 89,040.80 102,940.80 Corrugated metal pipe option bid price: $69,694.00 Concrete pipe option bid price: 73,245.80 Difference: $ 3,551.80 The difference between options, lowest bidders, is $3,551.80. It is believed that concrete will afford longer life and, for the difference in cost, it is in the best interest of the City to select concrete. On-Line Construction is the Iow bidder in the concrete option with their bid of $73,245.80. DN:[g SENSTORN . A'n'ACHMENT 1 fiUG729-91THU 16:13 P. 02 2.~5 Union Street Salem, (503) 585-2255 Portland Office: Bank of California, Suite 1410 707 S.~L Xl;/L~OO Street Portland, Or~gon 97205-3531 (,S05) 224-1490 Churchill, Leonard, Brown & Donaldson P.O. B(~c 804 Salem, Oregon 97308-0804 August 29, 1991 · N. Robert Shields City Attorney 270 Montgomery Street Woodbu rn, OR 9707] via Telefax #982-5244 John D. Albert Douglas C, Brown Michael Duaue Bro~'n T.W. Churchill Paul ILJ. Cormolly Gordon IL Hanna Richard L Henctrie, 31: ~ H, Leonard Paul C Lodinc* Krbxan Mitchell Mauric~ L l~,us$clL II Jeffr? n. W~lkLrtson · ~l~o ada~ittcd ~o Dear Mr. Shields' I appreciate the City's cooperation in allowing me to fully state Pipe Tech, Inc.'s position regarding the bid dispute on the Willow Street project. The remainder of this letter is a discussion of Pipe Tech's legal position which, in my opinion, mandates awarding the contract to Pipe Tech. A. Governing La~w The City of Woodburn is bound by the terms of ORS 279.011 e_~t _seq. ORS 279.011 et. seq. applies to all public agencies, A public agency is defined as follows: "Public agency" or "public contracting agency" means any agency of the State of Oregon or any political subdivision thereof authorized by law to enter into public contracts . . ORS 279.011 (5). A public contract is defined as: any-purchase, lease or sale by a public agency of personal property, public improvements or services other than agreements which are for personal service. ORS 279.011 (4). The City of Woodburn is a political subdivision of the State of Oregon and is authorized by law to enter into public contracts. The Willow Street storm drain is a contract for the purchase of improvements. Therefore, the City is governed by all the requirements of ORS 279.011 et. seq. Generally, that statute requires that all public contracts be awarded based upon a competitive bid process. ORS 279.015(1). 1. Limitations on the Award of Public Contracts. ORS 279.029 places 'specific limitations on public agencies when awarding public contracts. It provides' ATTACHMENT 2-4 RUG-29-9t~THU 16:14 P. 03 N. Robert Sheilds August 28, 1991 Page 2 After the bids are opened as required by ORS 279.027, and after a determination is made that a contract is to be awarded, the public contracting agency shall award the contract to the lowest responsible bidder. ORS 279.015(1). (Emphasis.added.) The "lowest responsible bidder" is defined as follows: the lowest bidder who has substantially complied with all prescribed public bidding procedures and requirements and who has not been disqualified by the public contracting agency under ORS 279.037. ORS 279.029(6) (a). So far as can be ascertained, the City of Woodburn has no prescribed public bidding procedures or requirements enacted by ordinance. Thus, the only prescribed public bidding procedures and requirements applicable to the Willow Street project are those contained in the Invitation to Bid. 2. The Invitation to Bid's Procedures and Requirements. The Invitation to Bid contains two clauses which are pertinent to this dispute. They are as follows: The bidder shall sign his proposal in the blank space provided therein. Proposals made by corporatioris or partnerships shall contain names and addresses of the principal officers or partners. If the Proposal is made by a corporation, it must be acknowledged by one of the principal officers thereof; if made by a partnership, by one of the partners. (Contract documents, Invitat~or~. to Bid, page 1, paragraph 4.) 12. ADDENDA- Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the bidder for the preparation of his proposal, shall be covered in the proposal, and shall be made a part of the contract. Receipt of each addendum shall be acknowledged in the proposal. (Contract documents, Invitation to Bid, page 3, the first paragraph numbered 12.) A'I-i'ACHMENT ~UG729-9[ THU 16:14 P. 04 /,Od_.. N. Robert 5heilds August 28, 1991 Page 3 The original Iow bidder on this project was CEMS, Inc. Their bid was immediately rejected as non-responsive. Thus, for our purposes, the first bidder on the Willow Street project, On-Line Construction, did not comply with the requirements stated above. On-Line failed'to state on its submittal the location of its principal offices or sign and acknowledge receipt of the addendums to the contract documents. Ultimately, the question is whether On-Line's bid substantially complied with the Invitation to Bid's prescribed procedures and requirements and, if not, whether the City can waive the defects. B. The City'_s_ Right to Waive Defects. As you know, the City reserved the right to waive informalities and irregularities in proposals. (Contract documents, Invitation to Bid, page 3, paragraph 11). However, the City's power to waive irregularities is limited by the definition of responsible Iow bidder contained in ORS 27g.029(6)(a), that is, one who has substantially complied with the procedures and requirements, and the mandate of ORS 27g.02g which provides that the City shall award the contract only to the responsible Iow bidder. ORS 279.029(6)(a). The question, then, is whether On-Line's bid is in substantial compliance notwithstanding its undisputed defects. C. On Line's Bid Does not Substantially Comply. While Oregon lacks the wealth of case law available under federal contract disputes, there is at least one Oregon decision which sheds some light on the meaning of material defect. I n Smith Tu9 v. Columbia-Pac Towin51, 250 Or 612, 443 P2d 205 (1968), the Oregon Supreme Court held that where a high bidder on a public contract to sell realty conditioned its bid on being able to perform certain improvements, and the invitation to bid did not include that condition, the bid was non-responsive and should have been rejected on the grounds that it did not substantially comply with the Invitation to Bid. Id. at 639-640. The Court noted that the condition may have altered the bidder's risk and was thus inherently unfair. Here, On-Line's-'lCailure to acknowledge the addendum materially changed its risk by creating possible legal defenses to On-Line's obligation to perform to work under the addendum. One defense is that of integration. The contract documents are an integrated contract. The effect of an integrated contract is to preyent extrinsic evidence of the parties intentions or understandings which are not expressed in the documents themselves. On-Line could, at some point in the future, disavow any knowledge of the addendums or obligation to perform the work under them, and the only evidence of On-Line's acceptance of the work under the addendums would be ATTACHMENT THO 16:1 P. 05 N. Robert Sheilds August 28, 1991 Page 4 inadmissible extrinsic evidence. Thus, by failing to acknowledge the addendums, On-Line has, albeit inadvertently, created a defense to enforcing its obligation under the contract, potentially reduced its obligation under the contract relative to bidders who acknowledged the addendums and exposed the City to a possible future dispute over the scope of the work. If this were a federal contract, there would scarcely be a dispute. It is well established under federal procurement rules that failure to acknowledge an addendum requires rejection of a bid as non-responsive. Of course, the federal rules do not apply unless the project is utilizing federal money (a fact of which I am not aware), but they are nevertheless persuasive authority in the absence of extensive state law. The bottom line is that On-Line's bid does not substantially comply with the Invitation to Bids' procedures and requirements. Accordingly, pursuant to ORS 279.029(1), the City must award the contract to the lowest responsible bidder. That is Pipe Tech, Inc. Thank you for your attention to this matter. response. S i.r ~erely, I look forward to your /Wilkinson JBWl0:vap5 cc: Pipe Tech, Inc. A1-FACHMENT 24 J~-~LINE CONSTRUCTION C,,O, 3555 Blossom Drive N.E. Salem, Oregon 97305 RECEIVED SEP 0 (503) 390-5000 FAX: (503) 390.0513 August 30, 1991 CITY OF WOODBURN PUBLIC Works Department Mr. Frank Tiwari, Director 270 Montgomery Woodburn, Oregon 97071 Re: STORM DRAIN, WILLOW AVE. TO SENECAL CREEK; Project # 900063-3, Bid # 92-02 Dear Sir: Please find enclosed copies of addendums #1 through 3. Please note that the receipt dates are stamped or printed on the documents and were in fact received on these dates. If we may be of further assistance in this matter please advise. Respectfully, Bill Heron ON-LINE CONSTRUCTION CO. BH/jm ATrACHMENT 3-4 CtTY OF WOODBURN AUGUST 7, 1991 ADDENDUM #3 Project #900063-3 Bid #92-02 STORM DRAIN, WILLOW AVE. TO SENECAL CREEK The purpose cf this addendum is to correct the following: On page 3 of the "Bid Proposal", iterr,~ 5c, the unit should read To: I:'Z.X' ATTACHMENT 3o CITY OF WOODBURN AUGUST 6, 1991 ADDENDUM #2 Project #900063-3 Bid #92-02 STORM DRAIN, WILLOW AVE. TO SENECAL CREEK The purpose of this addendum is to clarify two points: Referring to concrete pipe, page 4 of Special Provisions and Page 4 of drawing sheets, Pad No. 41. Referring to Drawing Sheet 4, part number 41; what is intended is under the "Specification" heading. Page 4 - Special Provisions - calls out "meet criteria ASTM C76" and "Reinforced". This was intended to allow equivalent 4-1/4" wall pipe, ASTM C14 class 3, non-reinforced. f Part No. 12, backfill for corrugated pipe, and Part No. 42, backfill for concrete pipe, should read 95% compaction (not 90%). Page 1 of drawing sheets has a note on plan view near station 0+72 'which refers to "option manhole only if bore alignment is to be used." This should read "option manhole---if arch pipe---used." A'ri'ACHMENT CITY OF WOODBURN AUGUST 2, 1991 ADDENDUM #1 Project #900063-3 Bid #92-02 STORM DRAIN, WILLOW AVE, TO SENECAL CREEK The purpose of this addendum is to allow another type of joint banding for corrugated pipe option. Referring to drawing sheet no. 4, part numbers 14, 15, 16 (O-ring gaskets, semi-corrugated bands, bolts and nuts); another banding system identified as corrugated band with sleeve gasket and equivalent bolts and nuts may be substituted. ,, ! ATTACHMENT 34 O'-~LI~E CONSTRUCTION CO, 3555 Blossom Drive N.E. Salem, Oregon 97305 /DE.. (503) 390-5000 FAX: (503) 390-0513 August 30, 1991 CFI'Y OF WOODBURN DEPT. OF PUBLIC WORKS Mr. Frank Tiwari, Director 270 Montgomery Woodburn, Oregon 97071 Re: STORM DRAIN, WILLOW AVE. TO SENECAL CREEK Project # 900063-3, Bid # 92-02 Dear Sir: Pursuant to your offices request, we hereby acknowledge and accept an additional 10 day delay beyond the 30 days allowed in the proposal and contract documents for the above referenced project. Respectfully, Bill Heron ON-LINE CONSTRUCTION CO. BH/jm A'I-rACHMENT 4 COUNCIL BILL NO. l ~,~ RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT ON A STORM DRAIN FROM WILLOW AVENUE TO SENECAL CREEK. WHEREAS, the City solicited bids for the construction of a storm drain from Willow Avenue to Senecal Creek (Project No. 900063-3, Bid No. 92-02); and WHEREAS, bids were solicited, received, and evaluated pursuant to Oregon State Law and the City's bidding procedures; and WHEREAS, the Public Works Director has recommended that the contract be awarded to On-Line Construction as the lowest responsible bidder; and WHEREAS, Pipe Tech, Inc. has protested the bid and maintains that On-Line Construction's bid did not substantially comply with all prescribed public bidding procedures; and WHEREAS, the City delayed awarding the contract so that Pipe Tech's bid protest could be fairly evaluated; and WHEREAS, the City Council has fully considered the matter prior to awarding the contract; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: SECTION 1. The City Council incorporates into the record all bid documents relevant to the construction of a storm drain from Willow Avenue to Senecal Creek (Project No. 900063-3, Bid No. 92-02) including the three addenda dated August 2, 1991, August 6, 1991 and August 7, 1991. SECTION 2. The City Council finds that the bid submitted to complete the project by On-Une Construction is the lowest responsible bid. SECTION 3. The City Council finds that time is of the essence in that the storm drain improvement must be completed b~/'the close of this construction season to enable the City to comply with its project commitment for industrial development in the southwest quadrant of the I-5 Interchange. Page 1 - COUNCIL BILL NO. RESOLUTION NO. SECTION 4. The City Council acknowledges the arguments made by Pipe Tech, Inc., but finds that the bid submitted by On-Line Construction is in substantial compliance with all prescribed bidding procedures and requirements. Specifically, the City Council finds that the information added by the three addenda were mere clarifications of the bid documents and did not represent any significant change in the scope or nature of the project. SECTION 5. The City Council finds that any informalities or irregularities in the bid submitted by On-Line Construction are not material and are hereby waived. SECTION 6. Based upon the findings previously made, and the fact that On-Line Construction is the lowest responsible bidder and is in substantial compliance with the bidding procedures and requirements, the City Council awards the contract to construct a storm drain from Willow Avenue to Senecal Creek (Project No. 900063-3, Bid No. 92-02) to On-Line Construction. Approved as to form:~'"~/~ · r~/~- ~ 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 ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. RESOLUTION NO. MEMO TO: FROM : DATE : SUBJECT: City Council Fred W. Kyser, Mayor.,~.~/~[' 1' September 3, 1991 Appointment of City Recorder Recommendation: City Council approve the appointment of Mary Tennant as City Recorder for the City of Woodburn. Background: Following the retirement of Barney Burris as Finance Director/City Recorder in April 1989, former City Administrator Quinn appointed Mary Tennant as Recorder pro-tem. This appointment was made under the authority of Section 23 of the City Charter. As of this date, the City has not officially appointed an individual to the position of City Recorder. In accordance with Section 21 of the Charter, I am appointing Mary Tennant as City Recorder and request your consent of this appointment. COUNCIL BILL NO. J,~ ~ / RESOLUTION NO. A RESOLUTION RECLASSIFYING SALARY RANGES FOR CERTAIN CITY EMPLOYEES AND MODIFYING THE SALARY RANGE/STEP SYSTEM FOR FUTURE EXECUTIVE MANAGEMENT EMPLOYEES. WHEREAS, Resolution No. 1063 established the 1991-92 Non-Union Employee Compensation plan which included a range/step plan for all non-union and executive management employees; and WHEREAS, it is the responsibility of the City Council under the City Charter to establish compensation levels for said positions; and WHEREAS, it is deemed necessary to adjust salary ranges for certain city employees due to increased responsibility levels and adjustments due to external compatibility factors relating to salary and fringe benefits; now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. salary range schedule: Position That the following positions be upgraded within the existing Change From: Change To: Ran.cie/Step Range/Step Public Works Director City Recorder (Admn. Specialist) Executive Secretary M-29.5 (E) M-30.5 (E) 18.0 (E) 19.0 (E) 13.0 (E) 14.0 (E) Section 2. That salary levels for all newly appointed Executive Management employees be set by the Council within a minimum and maximum range level which is established during the job recruitment process. Salary adjustments will be considered every 12 months from the date of hire, however, adjustments will only be given based on merit performance with the approval of the Council. Section 3. That current Executive Management employees under the established 5 step/5% increase range sch6dule will continue to receive a step increase on his/her anniversary date provided that the overall job performance meets or exceeds the minimum standard. The City Administrator will recommend the granting or denial of a step increase to the City Council, who in turn, will give final approval of the salary increase. Page 1 - COUNCIL BILL NO. RESOLUTION NO. 1, 1991. Section 4. That the adjustments listed in Section I be retroactive to July Approved as to form. 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 A'I-rEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. RESOLUTION NO. , , IoE WOODBURN ?OLICE DEPARTMENT 270 Montgomery Street Woodburn, Oregon 97071 .982-2345 .Ken Wright. Chief of Police DATE: TO: ~ . Ken Wright, Chief of Police : Fred Kyser, Acting City Administrator September 5, 1991 Mayor and City Council SUBJECT: 9-1-1 Radio Console As Lt. Null stated in his August 21st memo, this is the first of several requests for purchase of Communications Center equipment and technology upgrade. The 9-1~1 Director has accomplished the required bid process and received two bids. One from Motorola Radio Corporation for $103,790 and Moducom Inc. for $78,750. Both bids met the specifications set forth. The 9-1-1 Committee recommends the purchase to be made from Moducom Inc. (1) They were the Iow bidder and, (2) by utilizing Moducom, the City will be able to save approximately $25,000. We have utilized Moducom equipment for the past ten years and have found it to preform very satisfactorily. I have included excerpts from the 9-1-1 Director's reports for your information. I will be available for questions. Recommend Purchase: Moduc0m Inc. 13309 Saticoy Street North Hollywood~ California 91605 Communications Radio Dispatch Console Budget Fund 31-315-71009 $78,750 KLW/ils ~6/91 ATE CHK NO A/P CHECK LISTING VENDOR AMOUNT PAGE 1 DESCRIPTION 01/~1 11001 01/91 11002 01/91 11003 01/91 11004 01/91 11005 02/91 11006 05191 11007 05/91 11008 05/91 11 O09 05/91 11010 05/91 11011 08/91 11012 09/91 11013 09/91 11014 10/91 11015 10/91 11016 10/91 11017 11/91 11015 11/91 11~19 11/91 11020 11/91 11021 11/91 11022 12191 11023 12/91 11024 12/91 11025 15/91 11026 15/91 11027 16/91 11028 16/91 11029 16/91 11030 16/91 11031 16/91 11032 18/91 11 033 18/91 11034 19/91 11035 19/91 11036 19/91 11037 22/91 11038 22/91 11 039 24/91 11040 24/91 11041 24/91 11042 24/91 11043 Z4/91 11044 24/91 11045 24191 11046 24/91 11047 Z5/91 11046 Z5/91 11049 Z5/91 11 050 75/91 11051 .~5/91 11052 .)6/91 11053 >.6/91 11054 ~.6/91 11055 CHASE MANHATTEN BANK CEDE & CO. SECURITY PACIFIC CLEARING LEE SOWERS POSTAGE BY PHONE D.G. BRACKENBROUGH DAVE WHITEHEAD CONST. U.S. BANK DON EUBANK U.S. POST OFFICE U.S. BANK TERRY WILLIAMS P,T. HOOD RAILROA~ FIRST INTERSTATE 9ANK SECURITY PACIFIC BANK FIRST INTERSTATE SANK T£RRY RICHARDSON CONSULTI P~wV COUNCIL OF GVMTS FIRST INTERSTATE ~ANK TERRY ~ILLiAMS CITY OF WOODBURN US POST OFFICE CAN~Y POCL & SPA US BANK BANK OF AMERICA kOODEURN CHAMBER OF COMME JERRY DAUGHERTY U. $. BANK CHASE MAk HATTAN JOHN M. FOX ENTERPRISES JEFFREY POGOLOWITZ & ASSO BLUE RIBBON JANITORIAL SE U.S POST OFFICE FIRST INTERSTATE BANK ~ECURITY PACIFIC ~ANK US :3ANK FIER II ASTORIA ~ARITIME MUSEUM THE CHAR BURGER COLUF, BI A STERNWHEELER TERRY RICHARDSON J.A. FREEMAN ~ SON BRIAN SJOTHUN FIRST INTERSTATE ~ANK TERRY RICHARDSON CONS. ~MERICAN RED CROSS AMERICAN RED CROSS ~. OODGURN LANES SECURITY PACIFIC BANK U.S POST OFFICE VOID VOID VOID 3,088.02 BONDS**** 10,447.50 BONDS **** 115,~00.00 BONDS **** 540.00 BONDS **** 175.00 BONDS **** 800.00 SUPPLIES - VARIOUS 11.772.00 SERVICES - PW 17,~83.00 SERVICES - PW- HOUS. REH 1,576.25 BONDS **** 5,COO.GO INV. - PD 257.83 SERVICES- WTR 132.50 BONDS **** 18.00 SUPPLIES - PARKS 70.G0 SERVICES - PARKS 1~5.00 ~ONDS **** 397.50 BONDS **** 2,1 60.00 BONDS **** 2.100.00 I~AINT. - VARIOUS 1-500.00 CONTRACTUAL AGREEMENT 540.00 BONDS **** 266.10 REIMBURSEMENT - PARKS 160.18 PETTY CASH *** 140.33 PERMIT - WTR 31.95 SUPPLIES - PARKS 530.00 6ONDS **** 28.760.00 PIR TSF * 250.00 DUES 265.00 80N~S **** 1,340.~0 BONDS **** 265.00 BONDS **** 6,770.00 SERVICES - PW HS REHAB 1,713.50 SERVICES - PW HS REHAB 385.00 SERVICES - WWTP 155.~2 P~RMIT - ~TR 675.00 BONDS **** 128.12 BONDS **** 662.60 bONDS **** 21.00 SUPPLIES - PARKS 60.00 FEES - PARKS 21.00 MEALS - PARKS 298.50 TICKETS- PARKS 39.95 SUPPLIES- STREET 125.00 SUPPLIES - PARKS 348.48 STMTS FOR BUS LICENSES 192.00 TICKETS- PARKS 256.24 BONDS **** 137.50 MAINTENANCE- COMPUTER 45.00 CLASS- PARKS 25.00 CLASS - PARKS 110.00 RENTAL- PARKS 135.00 BONDS **** 159.49 PERMIT - WTR 0.00 V 0 I D 0.00 V 0 I D 0.00 V 0 I D .)6191 CHK NO AlP CHECK LISTING VENDOR AMOUNT PAGE DESCRIPTION 114 -~6/91 11056 20/91 11057 -~6/91 11058 a0/91 11059 26/91 11060 ~6/91 11 061 2.6/91 2.6/91 11063 ;)6/91 11064 ;)6/91 11065 2.6/91 11066 ~6/91 11067 ~6191 11068 ~6/gl 11069 26/91 11070 ~6/91 11071 26/91 11 Z6/91 11 ~6/91 1107~ ~6/91 11075 ~6/91 11070 ~6/91 11 ~6/91 11078 Z6/91 26/91 11080 ~6/91 110~ ~6/91 1108~ ~6/91 11086 ~6/~1 11085 ~6/91 11086 Z6/91 11087 R6/91 110~8 ~6/91 11089 ~6/S1 11090 ~6/91 11091 ~6/91 1109~ ~6/91 11093 ~6/91 1109~ ~6/91 11095 Z6/91 11 ~6/91 11097 ~6/91 11098 ~6/91 11 ~6/91 11100 ~6/S1 11101 ~6/91 1110Z ~6/91 11103 ~6/~1 1110~ ~6/91 1110~ ~6/91 11107 '.6/S 1 11108 ',6/91 1111~ VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID ~OID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID ~OID VOID VOID VOID VOID ~GID VOID VOID VOID VOID VOID VOID VOiD VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID O.OO VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID O.O0 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.00 VOID 0.'00 VOID 0.00 VOID ATE CHK NO A/P CHECK LISTING VENDOR AMOUNT PAGE DESCRIPTION 3 26/91 11111 26/91 11112 26/91 11115 26/91 11114 26/91 11115 26/91 11116 26/91 11117 26/91 11118 20/91 11119 26/91 11120 26/91 11121 26/91 11122 26/91 11123 25/91 11124 26/91 11125 26/91 11126 26/91 11127 26/91 11128 26/91 11129 26/91 11130 26/91 11131 26/91 11132 26/91 11133 2o/91 11134 26/91 11135 26/91 11130 26/91 11137 26/$1 11138 26/91 11139 26/91 11140 26/91 11141 26/91 11142 26/91 11143 20/91 11144 26/91 11145 26/91 1114o 26/91 11147 26/91 11143 26/91 11149 26/91 11150 26/91 11151 26/91 11152 26/91 11153 26/91 11154 ~6/91 11155 26/91 11156 26/91 11157 26/91 1115~ 26/91 11159 ~6/91 11160 ~/91 11161 ~6/91 11102 ~b/91 11163 ~6/91 11164 ~6/91 11165 VOID ACME LOCK SHOP AGUAMEDIA ROBERT ARZOIAN AUTOMATED OFFICE AT&T INFORMATION SYSTEMS AT&T CONSUMER PRODUCT 5AKER & BROWN JILDA BALL~EE, ER MICHAEL R. bLASKOWKY BOISE CASCADE 800NES FERRY ELECTRIC BRIM TRACTOR CO. INC. CALLAGHEN & COMPANY CLARK BOARDMAN COMPANY COMFORT INN CONSOLIDATED SUPPLY CO. COPY OFFICE PRODUCTS V. JEAN DEEN DEPT OF ENVIR QUALITY JAMES F. EVANS FARMERS OIL VOID V 0 I D V 0 I b VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID V 0 I D ¥ CZ D MARK J. G£I~ER GTE ~08ILNET HARRIS UNIFORMS ...... HARRIS & RIDE HI-TECH OFFICE MACHINES JOES AVAILABLE JR ELECTRIC LAU SAFETY SUPPLY LANDIS & GYR THOMAS L. LA FOLLETT LIND$ MARKET LINCOLN EQUIFMENT CO. LIPTON. STEPHEN A. ATTY DON LUTHER CONST ~AI L-WELL ENVELOPE ~ARION COUNTY BLDG INSP MARION COUNTY FISCAL SERV MARYATT IND. 0.00 VOID 27.50 SERVICES- VARIOUS 54.25 SUPPLIES - PARKS 126.90 REIMBURSEMENT - ~LDG 627.82 SERVICES/SUPPLIES - VARIO 313.69 SERVICES - VARIOUS 204.97 SUPPLIES 60.50 SERVICES 15.00 REIMBURSEMENT 215.70 SERVICES 821.46 SUPPLIES - VARIOUS 743.93 SERVICES 131.12 SUPPLIES 115.~8 SUPPLIES 61.2~ SUPPLIES - 89.04 SERVICES 180.09 SUPPLIES - VARIOUS 178.75 SERVICES 7.20 REIMBURSEMENT- FINANCE 7-~20.00 SERVICES - PW 693.00 SERVICES - COURT ~1.82 SUPPLIES 0.00 V 0 I D 0.00 VOID 0.00 VOID C.O0 VOID 0.00 V 0 I D 0.00 VOID O.O0 V 0 I O 0.00 VOID 0.00 V 0 I O 0.00 V 0 I D 0.00 VOID O.O0 VOID 0.00 V 0 I D 0.00 V 0 ! D 0.00 V o I D 70~.61 'SERVICES - COURT 462.99 79.00 2.000.00 130.50 56.16 124.12 265.07 821.00 70.00 351.09 56.43 87.44 595.00 293.B0 4.5~0.41 162.00 275.25 SERVICES - VARIOUS SUPPLIES SERVICES - FINANCE SERVICES SERVICES SERVICES SUPPLIES - W~TP SERVICES SERVICES - COURT SUPPLIES - VARIOUS SUPPLIES SERVICES - COURT SERVICES SUPPLIES - VARIOUS SERVICES - P~ SERVICES - VARIOUS SERVICES - VARVIOU$ 06/91 ATE CHK NO A/P VENDOR CHECK LISTING aMOUNT PAGE DESCRIPTION 4 //4 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26191 26191 26/91 20/91 Z6/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 '26/91 26/91 26/~1 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 26/91 2o/91 26/91 2~/91 26/91 26/91 11166 11167 111o8 11169 11170 11171 11172 11173 11174 11175 11176 11177 11178 11179 11180 11181 11182 11193 11184 11185 11186 11187 11189 11199 11191 11192 11193 11194 11195 11196 11197 11198 11199 11200 11201 11202 11203 11204 11205 11206 11207 11208 11209 11210 11Zll 11212 11213 11214 11215 11216 11217 11218 1'1219 11220 EETROFUELIN6 MILLER FENCE CO,, DR. CLEAN L. MILLER t~ORTON INT. INC. WALTER E. NELSON CO. NPA WEST O.C.D.L.A. O.M.O.A. SHORTR SCHOOL CR BLDG. CODES AGENCY OR DEPT OF GEN SERV. ORE SECRETARY OF STATE. OREGON TRANSIT ASSO. OREGONZAN PUBLISHING CO. US WE ST COMM. PACIFIC PRINTERS LAWRENCE PARADIS PIONEER GLASS dEFFREY POGOLOWITZ PORTLAND GENERAL ELECTRIC PORTLAND METAL FA~ PORTLAND TRAILBLAZERS PRECIS[Oh PRINTING SYSTE~ PTI COMHUN[CATION$ RADIO SHACK RAIN TERRY RAg, IRE7 REDDAWAY TRUCK LINE RODS RENTAL SALE~ HOSPITAL LES SCHWAa T~RE CTR SCOT SUPPLY SEWING & VACUUM EXCHANGE $ILVERFLE£T SYSTEMS SILVERTON FIRE DISTRICT SPA EMPOR IU~ PHILLIP S. SWOGGER ROBERT E. THOMAS THE SIGN CENTER lIME INC. ~AG. TOWN HOUSE REST. UNOCAL ~J NITED LA~ USI VAN NOSTRAND REINHOLD VIKING INS. LA~ WATER. FOOD g RESEARCH LA WESTERN F IRE~ORKS WOODEURN CONSTRUCTION ~OODEURN FLORIST WOODEURN INDEPENDENT WOODEdRN PHARMACY WOODOURN 24 HR TOWING VASILY O. KOPEIKiN ~UMIKO WATE RF, AN PAUL GRAHAM 349.96 550.G0 130.00 500.00 208.36 775.00 50.00 45.00 1.837-93 190.00 40.00 105.00 ~8.40 456.90 524.27 150.00 123.35 869.40 9,096.56 95 2,322.00 348.48 120.G0 54.90 7.G37.75 97.50 326.00 35.00 329.~0 1.250.06 2,552.61 55.96 1,801.59 44.77 63.00 238.00 1,941.44 107.00 1~.99 16.0~ 633.76 304.08 387.35 130.90 400.00 315.00 5,000.00 1,035.00 17.50 82.50 40.00 108.00 200.00 37.80 419.80 SUPPLIES SERVICES SERVICES SUPPLIES SUPPLIES SERVICES SUPPLIES REGISTRATION SERVICES - BLDG SUPPLIES - VARIOUS SERVICES REGISTRATION - TRANSIT SERVICES SERVICES - VARIOUS SUPPLIES - VARIOUS SERVICES - PW SERVICES - SERVICES - PW HS REHA~ SERVICES - VARIOUS SERVICES TICKETS - PARES SUPPLIES SERVICES SERVICES SERVICES SERVICES - COURT SERVICES SERVICES SERVICE~ SUPPLIES - VARIOUS SUPPLIES - VARIOUS SUPPLIES SUPPLIES - VARIOUS SERVICES SUPPLIES SERVICES - COURT SERVICES - COURT SUPPLIES SUBSCRIPTION SERVICES SUPPLIES- STREET SUPPLIES SUPPLIES SUPPLIES SERVICES - WWTP SERVICES - WWTP SUPPLIES SUPPLIES ~ATERIALS SERVICES - VARIOUS SUPPLIES S~RVICES REFUND REFUND REFUND 06/91 ATE CHK NO AlP VENDOR CHECK LISTING AMOUNT PAGE O£SCRIPTION 26191 26/91 30/91 30/91 30/91 31/91 31191 31/91 11221 11Z22 11223 11224 11225 11226 11230 11231 R.C. EQUAL ORRIN GRANLUND FIRST INTERSTATE aANK COLUMBIA SERN~HEELER ERIAN SJOTHUN SANK OF AMERICA CREGON DEPT OF REV TERRY RICHARDSON 32.85 35.00 132.50 89.55 180.00 147.581.90 69b.70 250.00 REFUND- OVERPI~TS REFUND - BL BONDS **** TICKETS- PARKS TICKETS- PARKS PAYROLL TSF * UNEHPLOYHENT TAX SERVICES - COMPUTER $176,341.90 $.00 S160.15 $138,581.23 S118,,960.2 7 $434.043.58 PAYROLL* TCD/6.A.** PETTY CASH*** BONDS/COUPONS**** ~ATERZAL$/SUPPL[ES/ETC. TOTAL FOR JULY 1991 TH~ HONTH OF: