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Agenda - 10/28/1991 AGENDA WOODBURN CITY COUNCIL OCTOBER 28,1991 - 7:00 P.M. 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. MINUTES A. Woodburn City Council minutes of Oct. 14, 1991. 3A 38 B. Woodburn Museum Advisory Committee minutes of Oct. 9, 1991. 4. COMMUNICATIONS 5. ANNOUNCEMENTS AND APPOINTMENTS A. Budget Committee Meeting: Tuesday, Nov. 12 - 6:00 p.m. at City Hall B. November 11 Council Meeting rescheduled to November 12, 1991 at 7:00 p.m. C. Cable Television Advisory Board Meeting: November 13, 1991, at 7:00 p.m. at Woodburn City Hall. 6. COMMUNICATIONS A. Written - None 7. BUSINESS FROM THE PUBLIC (This allows the public to introduce items that are not already scheduled on the agenda for Council consideration. 8. PUBLIC HEARING 9. TABLED BUSINESS A. Council Bill No. 1344 - Resolution entering into a computer software agreement for enhanced 911. 9A Page 1 - Woodburn City Council Agenda - October 28, 1991 - r 10. GENERAL BUSINESS A. Council Bill No. 1345 - Resolution entering into a computer hardware agreement for enhanced 911. 10A B. Council Bill No. 1346 - Resolution entering into hardware maintenance contract for general city equipment. 10B C. Council Bill No. 1347 - Resolution authorizing transfer of appropriations. D Contract Approval - Highway 214 surveying work by consulting fir. 10C 10D 11. APPROVAL OF CLAIMS 12. PUBLIC COMMENT 13. NEW ~ESS / 14. SITE PLAN ACTIONS A. Eagles Lodge Addition. 14A 15. STAFF REPORTS B. Industrial Pretreatment Noncompliance Notice. 15A 15B A. Public Works Project Progress Report. 16. MAYOR AND COUNCIL REPORTS 17. ADJOURNMENT Page 2 - Woodburn City Council Agenda - October 28, 1991 I 34 COUNCIL MEETING MINUTES October 14, 1991 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 14, 1991. 0003 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kyser presiding. 0018 ROLL CALL Mayor Councilor Councilor Councilor ('_c.ppncilor CqfJncilor Councilor Kyser Figley Galvin Hagenauer Jennings Sifuentez Steen Present Present Present Absent Present Present Absent Staff Present: City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park Director Holly, Police Chief Wright, Ubrary Director Sprauer, Public Works Manager Rohman, City Recorder Tennant. 0024 MINUTES. JENNINGS/FIGLEY.... approve the Council minutes of September 23 and workshop minutes of September 25, 1991; accept the Planning Commission minutes of September 26, 1991, the Ubrary Board minutes of September 25, 1991, and the Museum Advisory Committee minutes of September 18, 1991. The motion passed unanimously. 0040 PROCLAMATION - COMMUNITY HEALTH CENTER WEEK. Mayor Kyser informed the publiC that he had issued a proclamation declaring October 14 - 18, 1991, as Community Health Center Week within the City. 0061 CONTINUATION OF PUBLIC HEARING. APPEAL OF PLANNING COMMISSION ROAD REQUIREMENT - PETE CAM SUBDIVISION #91-02. Mayor Kyser declared the continuation. of the public hearing open for the purpose of obtaining additional information on the Planning Commission road requirement as it pertains to emergency service access. Community Development Director Goeckritz read letters from Woodburn Fire District and Woodburn Ambulance. Both agencies expressed concern regarding the turn-a-round provisions and they indicated that a public street to connect the phases would be preferred over an emergency service access road only. Page 1 - Council Meeting Minutes, October 14, 1991 - T _31-/ COUNCIL MEETING MINUTES October 14, 1991 TAPE READING Erin Fassio, 1267 Judy St., expressed her opinion that Phase 2 and 4 be connected for the purpose of providing adequate emergency service access to the proposed development. Don Woodley, 840 Hermanson and member of the Meadowpark Homeowner's Association, expressed his opinion that the roadway would not be beneficial to the Meadowpark PUD and the issue of safety would not be addressed for several years to come since the road would not be required until Phase 4 is built. Ernie Uvesay, 945 Meadowvale Ln, expressed his opinion that the access road should be moved south of the proposed road to protect the wetlands. Director Goeckritz stated that he had contacted the Division. of State Lands regarding the permit process. Their verbal response was that it would take 90- 120 days to process a permit and that a road crossing would require some type of mitigati~~ The public heariog was declared dosed at 7:17 p.m.. Following a brief Council discussion on the issue, JENNINGS/FIGLEY... accept the report of the Planning Commission on the Pete Cam Subdivision. The motion passed unanimously. 0563 PUBLIC HEARING - TRANSPORTATION DEVELOPMENT PROGRAM. Mayor Kyser declared the public hearing open at 7:20 p.m.. Public Works Manager Rohman reviewed the staff report and advised the Council that federaVstate funding of a new transit bus is anticipated in fiscal year 1992-93. The grant would pay for 90% of the new bus with the City responsible for the remaining 10%. Grant requests are due by December 31, 1991 with determination of project funding completed by the state in February 1992. Under new Americans with Disability Act regulations, it is proposed that the City's Dial-a-Hide program would provide a complementary service to disabled individuals. No one in the audience spoke either for or against the program. The Mayor declarE!d the public hearing closed at 7:26 p.m.. 0778 LIQUOR LICENSE APPLICATIONS - CHANGE OF OWNERSHIP RE: LA PETITE DELI. Chief Wright recommended the approval of the restaurant and package store liquor licenses submitted by Lowell & Laurie Boyce. JENNINGS/FIGLEY.... approve the liquor license applications for La Petite Deli. The motion passed unanimously. Page 2 - Council Meeting Minutes, October 14, 1991 - "I" 3A COUNCIL MEETING MINUTES October 14, 1991 TAPE READING 0790 COUNCIL BILL 1340 - RESOLUTION AMENDING RESOLUTION NO. 1046 TO ALLOW FOR PARKING OF EMPLOYEE AND RESIDENT VEHICLES IN PARKING LOT ADJACENT TO POST OFFICE. Council Bill 1340 was introduced by Sifuentez. 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 1340 duly passed. 0843 COUNCIL BILL 1341 - RESOLUTION ENTERING INTO A CONTRACT WITH CITY/COUNTY INSURANCE SERVICES TRUST FOR GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE. . Council Bill 1341 was introduced by Councilor Sifuentez. . City Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote fo{liRaLpassage, Council Bill 1341 passed unanimously. Mayor Kyser declared the bill (July passed. 0869 COUNCIL BILL 1342 - RESOLUTION APPROVING THE REVISED TRANSPORTATION DEVELOPMENT PROGRAM. Council Bill 1342 was introduced by Sifuentez. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1342 passed unanimously. The Mayor declared the bill duly passed. 0902 COUNCIL BILL 1343 - RESOLUTION ENTERING INTO AGREEMENT WITH STATE DEPARTMENT OF TRANSPORTATION FOR 1991-92 ANNUAL OPERATING ASSISTANCE GRANT. Councilor Sifuentez introduced Council Bill 1343. The Recorder read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kyser declared Council Bill 1343 duly passed. 0938 COUNCIL BILL 1344 - RESOLUTION ENTERING INTO A COMPUTER SOFTWARE AGREEMENT WITH NEW WORLD SYSTEMS CORP. FOR ENHANCED 9-1-1 COMPUTER-AIDED DISPATCH. Mayor Kyser suggested that this bill be tabled until the next regular meeting the for purpose of receiving additional information on contractual agreement. SIFUENTEZ/GALVIN.... table until the next regular meeting. The motion passed unanimously. 0971 ACCEPTANCE OF EASEMENT - GRACE VILLAGE SITE. Public Works Director Tiwari reviewed the 25 foot utility easement located along the south boundary of the City-owned property. Page 3 - Council Meeting Minutes, October 14, 1991 I TAPE READING 1046 1067 1152 1173 1230 ATTEST 34 COUNCIL MEETING MINUTES October 14, 1991 JENNINGS/FIGLEY....accept the utility easement as recommended by staff. The motion passed unanimously. CLAIMS FOR THE MONTH OF AUGUST 1991. SIFUENTEZlFIGLEY.... approve voucher checks #1122.7 - 11692 in the amount of $580,044.27 for the month of August 1991. The motion passed unanimously. Councilor Jennings stated that recent news articles indicate that the Marion County Fair Board is looking for a new location to hold the annual Marion County Fair. He suggested that staff research the possibility of using Centennial Park as a County fair site. . , - Councilo(Sifuemez suggested that staff contact the local newspaper to advise them of the citls leaf pick-up program. Mayor Kyser reminded the Council of the Friends of Salud dinner/dance function in Salem on November 15th. ADJOURNMENT. The meeting adjourned at 7:40 p.m.. APPROVED FRED W. KYSER, MAYOR Mary Tennant, Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, October 14, 1991 ~ -- 313 Woodburn Museum Advisory Committee, Regular Meeting October 9, 1991: 1. CALL TO ORDER President Vance called meeting to order at 1:15 PM. Present: Vance Yoder, Red Eaden, Lo~Jane Cornwell, Terry Williams in place of Nevin Holly, Clair Nelson, Ed Murphy, Nancy Kirksey and Bob Baynham. Guests: Millie Epples and Duff Miller volunteer craft shop and ice cream parlour operators. 11. Red Eaden moved to accept september 18 minutes as read and distributed. Motion seconded and passed. 111. Treasurers report by Lou Jane Cornwell: Mention was made of two water and two electric meters which must be paid monthly when perhaps one would sUffice. Lou Jane Cornwell will look into the economics of making a change in both utility services to see that we are 'best served. No money has been received from the Theater Group for the plays last pre7~ted. It is the belief of the board that we were to receive 10 . of the ticket sales. The money in the Museum's checking a ount does notreceive any interest. It was suggested, made into a motion, seconded and passed that $4000.00 be put into a six month's certificate Or deposit so that a little interest can be earned. It was decided to retain sufficient funds that roof repair, door repair, utility bills etc. can be paid as they come due. The roof leak from the building next door does not affect the Dress Shop. It will be studied and steps will be taken to prevent further damage. Ed Murphy moved that treasurer's report be accepted. It was seconded and motion passed. IV. Nancy Kirksey showed pictures of Front Street with the buildings as envisioned that were made by students at Chemeketa Community College. President stated that all board members should assist in the disposal of all calendars. The price of the 1992 calendars is @2.00. All old calendars still available are to be sold for $1.00. A collection of all five years is $6.00 and will be worth much more as time goes by. The subject of City Trees was brought up. Terry Williams stated that the new trees on the railroad side of Front Street were planted and maintained by the Parks Dept. All other trees on Front Street were taken care of by Public Works. Nancy Kirksey was excused at 1:45 to attend another meeting. There is a need for storage for such things as the railroad wagon, player piano etc. Members of the board are to look into the possibility of getting the use of a dry and perhaps heated storage facility. T 3B Motion was made my Lou Jane Cornwell and seconded by Red Eaden to install the two doors at front and back of the theater for protection of the goods for sale in the Craft Shop. Motion passed. The doors and expense incurred is to ~~ paid for by the theater group. NEW BUSINESS: 1. Gutters, downspouts and roof repairs. Ed Murphy, Vance Yoder and Red Eaden are to examine the upper parts of the buildings following the meeting to determine what should be done. It was suggested that a gutter similar to that part already installed be made and downspouts be added. A mesh and Snowcoat be considered for repairs to the leaking wall of building next door. Repairs are to be made immediately before bad weather sets in. Ed Murphy will get prices of necessary Materials. 2. Red Eaden brought up the possibility of getting a grant from such companies as Fred Meyer. to take care of some necessary expenses of repair and improvement. Nevin Holly is to study this possibility and report at next meeting. It was stated that the old City Hall is UP' for sale and should have been considered when it was first offered. 3. Ed Murphy repo~ed that the style Show by the Smart Shop was a success. Th~ CrG~t Shop took advantage of those in attendance and made sal~. It was a good advertisement for our facility and brought in many new people. We must strive to take advantage of this building and see that it is used more often by businesses and organizations so as to increase our income. The Smart Shop was charged a rent for their use. 4. Bob Baynham reported that the Woodburn Independent will publish the two "Museum Musings" in future editions of the paper. We must see that there are regular articles prepared so there can be one each edition of the paper. Tom Henderson complained that the previous articles had been misplaced. New copies were furnished him. 5. The next meeting will be November 13 at 1:15 PM. Meeting was adjourned at 2:10 Pm. Temporary Recording Secretary . Bob Baynham Hopefully Hazel Smith will have recovered from her eye problem by next meeting and will return. We all wish her well. I 911 COUNCIL NO. 1344 RESOLUTION NO. A RESOLUTION ENTERING INTO A COMPUTER SOFTWARE AGREEMENT WITH NEW WORLD SYSTEMS CORPORATION AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the North Marion 9-1-1 Communications Center requested proposals from computer software vendors to allow for enhanced 9-1-1 computer-aided dispatch, and WHEREAS, the 9-1-1 User Board has recommended that a contract with New World Systems Corporation be executed, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That;tQe City of Woodburn enter into a contract with New World Systems Corporation, whicltie ~ttached as Exhibit flAIl and by this reference incorporated herein. ) Section 2. That the Mayor is authorized to sign said agreement on behalf of the city. ~ ./\ /-:J Approved as to form: I J.~ /c::ht:-~ (0 -I () -7 / 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, City Recorder City of Woodburn, Oregon - ,.. , , 1" 9/1 TO; 9-1-1 Use:- Baal-d Membe~-s FRCt"'! : Ed Rector~ 9-1-1 Director DATE: Sep tembe;- I:::> .... ....- ~ 1991 SUBJECT: Bid Recommendation, Co~puter Aided Dispatch (CAD) System The Woodburn City Council has approved our request to purchase the communications dispatch conSOle from MODUCOM and the equipment was ordered on Tuesday, September 10th. MODUCOM estimates that the console will be installed within 60 days. Tbl:-? ne:'~t. pr~a.'=e ~t, t.he' upg:-a.de of thE' comml~nicc3tions c(?~;te~- lS t.hE' pU.\-Cha..::;2 01 thE' CAD E..':{stem" "hes.\? ef )...eu tha t saw the demcns.t, .oJ t i Cln=:. by tr1G ,= Gmpu tel- \.l:~~~d::}~- S ..~.g ~-eed th..rt-...the t'Je\?.J ~.JO}- 1 d S'{'5 teJ-p, '50 f t,,~~a ~- e ~,'..:as b 'r~' 1..3_~- the .~;C'==.t u.se~- f:-i.et"1~jl'l, a_:")~j it: alAe ha.pper1-;:; to be th2 least e>:.oE?l-.=.i\.:':-~. Sil,ce the t~ew World softwd'-e is IBM compatible and we can PU:-ch,3se IBM ha:-dwa,re products at state bid p~jces, it IS my rec~mmendatiorl tha.t we pu ~- :=h .3,'::-:-? thE' CA =~ .::.;::-f t !.~.E{r e f ~-O:":~ i'~e~:-.; ~-Jo ~- 1 d a nd thE~ sy~, t em h.3 :-d~..:a,T-~~' fi c;rr; I 8t~~ .. I am 3Sf::llig e.3~=h of ':/0'-.: to re\l::.e\~ this pr-c'~Jo=o,:~l an:i incjjc,:3t.F' ~r7.3:. \JOLi a~;;~-:=e ~-!i th } t by. 2;~ti~-2 iJac~:a;e to Sep ten">Of'?t- 23~-a.. ::::o1g'ni"flg '"1e>~t to YOLI\- ~'ame. May~t- .~.yse!- ~a~- appS-C\'ai at I i.-J ill the 1"1 f D r '.~. i:; ~- d the the ~:e>::t cc-:.;~""'c::, :"-:;:~et7_':.-;(= Aga in, thank s fOl- yCU\- he lp . ~~w . Ed Re=tor~ 9-1-j Director Bob E:e:-H=k~ WQodbu.~-t~ ;:-i,-e Distt-ict #1 {-i i ke [:Lir tis, HLlt~t~.ar d [:r} 1 e-f .Df F101 ice Ra,ody Ga'-:~er~ Woadbu:-:l Ambula~1ce Service .~en Wt-ight~ WQQdbu'-~~ Chief of Police .. ... 9Jf TO: MayOl- Kysel- and Ci ty Counc i 1 FROM: Ed Rector, 9-1-1 Director DATE: Octobel- 11, 1991 SUBJECT: 9-1-1 Computer Aided Dispatch As the second phase in the upgrade of the 9-1-1 Communications Center it is recommended that the City Council award a contract to New World Systems for the installation of a Computer Aided Dispatch (CAD) system. The CAD system will automate the dispatch center and will increase the effectiveness of the E9~1-1 system when it is installed later this year. The required bidding is complete with three acceptable proposals l-eceived: 1. New WOI-ld Systems Softwa,-e Mark Systems Software ~fM ./ U.S. West Public Safety Group Software with Digital Corporation Hardware $55,650 2. hardwa,-e $82,895 ~ .... $111 ,940 All bids met the specifications set forth and are on file with the City Recorder. The Ci ty Atton1ey has ,-eviewed the New WOl-Id Software License Agl-eement and found i I; satisfactory. The 9-1-1 Committee recommends the purchases be made from New World because of the user friendly format, compatibility with in-place equipment, and their lower price. Recommended Purchase: SOFTWARE = $55,650 New World Systems 3270 W Big Beaver Rd. Suite 300 Troy, MI 48084 Total Software Computer Aided Dispatch System Budget Fund 31-315-71009 $55,650 - I , 94 NORTH MARION 9-1-1 COMMUNICATIONS CENTER COMPUTER AIDED DISPATCH (CAD) PROPOSAL SUMMARY 1. New World Systems Software: a. Police/Fire/EMS CAD Base Package - Police/Fit-e Unit Status MonitOl-s Geo-File Veri fies Add,-ess - Hazardous Materials Display - Statistics - Closest Unit Recommendations - Disp lays Calls by Ps-ios-i ty b. Optional Modules fo,- Police CAD - E9-1-1 Interface Softwa,-e Cost less Demonstration Discount (10Y.) TOTAL SOFTWARE COST c. SUPPOl-t Sendces/TraininglInstallation - Support Services/Training - Annual Maintenance SUPPORT SERVICES $28,000 5,000 $33,000 -3,300 $29,700 * 21,000 4,950 *Plus all expenses for travel at the actual cost incun-ed by NWS. $25,950 TOTAL SOFTWARE/SUPPORT SERVICES $55,650 T 91 EXHIBIT MAM New World Systems Software Ucense and Service Aoreement THE FULL TEST OF THIS AGREEMENT WAS INCLUDED IN YOUR OCTOBER 14 MEETING PACKET. - IDI-\ COUNCIL BILL NO. 1345 RESOLUTION NO. A RESOLUTION ENTERING INTO A COMPUTER HARDWARE AGREEMENT WITH INTERNATIONAL BUSINESS MACHINES CORPORATION AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the North Marion 9-1-1 Communications Center requested proposals from computer hardware vendors to allow for enhances 9-1-1 computer-aided dispatch, and WHEREAS, the 9-1-1 User Board has recommended that a contract with International Business Machines Corporation by executed, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into a contract with International Business Machines Corporation, which is attached as Exhibit IIA" and by this reference incorporated herein. Section 2. That the Mayor is authorized to sign said agreement on behalf of the city. r-y, -xJ JJ- /\ /? ~ Approved as to form:f /. (I~ 1 ~ /0- / tJ - 7 / 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, City Recorder City of Woodburn, Oregon T Joft TO: t~ayor r~}:seT. Ed Rector, Director 9-1-1;1~ rnO!'l: DATE: October lB, 1991 SUBJECT: Bid Recommendation, Computer Aid.ed Dispatch System {CAD) 1. It is re'.com.lf:ended that the lm'l bid of $97,889 be accepted for purchase of the CAD system. TI1e lowest acceptable bids were from New World Systems ($55,650) for t}}e soft",al'e, and tJ1E: Im~ COI-pc'.ratic,n {$42. 239} fOI' the hardHare. Even t.l)ough each company submi tt.ec sepal'ate bids. t.his is a package arrangement that allo~!s us tc' recei -,;e c discount fl'om tl1e sofhlare vendor because they ere an lBg Bu:::iness PE<l'tner aDd t.hey pass on to u:.:. any discounts they receive from IBIJI. ~ Funds ror the above equipment are available from 9-1-1 t.elephone t.ax monies accrued from the Use:.' Agencies. House Bill 3564 provides for a f-artial repayment of funds expended fOl' E9-1-1 systems, if tlle funds are expended by Decemt.er 31. .1991. ':" The next. c..I1,j final ::t.ep 1.n t.he upgrade Hill be the Ental1ced 9 -1 - :. t_t.~l ej;.11c:ne 51~st.em.. TJ.. S.. vJes t has inro::.-med equipment. w:..ll be shipped from t.he manufacturer around the they ~hould st.al-t t.he inst.allation short.ly afte:r that.. instc.llation or tJ1e me "t.nat. Cf!..ll" toe 1 ephc:ne first of December ana '<-. Please see the at.t.ached separate bid recommendations. TOTAL COMPlITER AIDED DISPATCH SYSTEM $97.889 BlIT)GET FlU~D 31-315-71009 - T COMPUTER AIDED DISPATCH (CAD) NORTH MARION 9-1-1 COMMUNICATIONS CENTER HARDWARE PROPOSAL SUMMARY I St-l Hal-dwdTe: a. ASi400 Processor - 12MB Main Memorv - 1.2GB Intp,nal Disk - 52~,MB Bad:-up Tape System - Battery Back-up b. Modem, 2400 BPS 3 14.. Colc~ Tern~jna]s 0, System SDftware HARm-JARE COST e. Support Services/Training/Installation f. 5 year Maintenance Plan SUPPORT SERVICES COST TOTAL HARDWAREiSUPPORT SERVICES TOTAL IBM HARDWARE $42,239 BUDGET FUND 31-315-71009 $19.623 631 4 . 150 9.313 3,260 5.242 1011 4:~~ 'I'''' ~.....J'.J. ; 1 I $ 8,522 :t~21t239 T EXHIBIT IIAII IBM CUSTOMER AGREEMENT DUE TO THE LENGTH OF THE AGREEMENT IT IS NOT INCLUDED, BUT IS AVAILABLE . - FOR YOUR INSPECTION OR REVIEW IN THE OFFICES OF THE CITY RECORDER OR CITY ATTORNEY. .. / () 1-1 JOB COUNCIL BILL NO. 1346 RESOLUTION NO. A RESOLUTION ENTERING INTO A HARDWARE MAINTENANCE CONTRACT WITH PERSONAL TOUCH COMPUTING AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, it is necessary for the city to employ a company to maintain its computer hardware, and WHEREAS, after due investigation, Personal Touch Computing appears capable and qualified for this task, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into a contract' with Personal Touch Computing, a copy of which is attached to this resolution, and by this reference, incorporated herein. Section 2. That the Mayor is authorized to sign said agreement on behalf of the city. Approved as to formn?11 ~ jO-lf- -7 / 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, City Recorder City of Woodburn, Oregon ... IDe- SERVICE CONTRACT This service contract is entered into this _ day of 1991 by and between PERSONAL TOUCH COMPUTING, located at 5430 N. Depauw, Portland, Oregon , 97203, hereinafter PTC, and CITY OF WOODBURN, an Oregon municipal corporation, located at 270 Montgomery Street, Woodbum, Oregon, 97071, hereinafter CUENT. PTC agrees to provide the following services to CUENT as defined in this contract and under the provisions outlines as follows: A. TERM OF AGREEMENT 1. The term of this contract will begin from the date of signature on the contract and extend exactly one year from that date. 2. CUENT will be kept informed as to the status of the account on a monthly basis through receipt of a statement referencing specifically the service dates and type of service rendered which will be sent on the 5th of every month. B. EQUIPMENT COVERED BY THIS AGREEMENT This contract applies to the equipment referenced in Exhibit "A" hereto attached and, by this reference, incorporated herein. This equipment list may be periodically updated by mutual consent of the parties. C. SERVICES PTC agrees to provide the following services to CUENT within the one year period, at the discretion and need of the CUENT: 1. REPAIR: Repair is defined as time spent by PTC (and parts required) to retum computer to normal operational status. a In the event that CUENT's personal computer needs to be out of the office (for repair) for a period longer that 3 working days, PTC will provide a "loaner" computer until CUENT's computer is retumed. b. For repairs on CUENT's computer, no more than 4 hours will be charged to CUENT's account per repair. c, No time (or fee for parts) will be charged to CLIENT's account for repeat repairs of the same problem on same computer for 1 year after initial repair. This warranty is not affected by termination of the contract. d. No time will be charged to CUENT's account if PTC has not begun work within 2 working days of notification of a problem. Notification may be given over the telephone. e. Any necessary parts will be paid for by CUENT at wholesale plus 10%. PTC will direct bill CUENT for these necessary parts. 1. PTC will charge double-time (hours) for "on-site" service provided on Sundays or the following holidays: Page 1 - SERVICE CONTRACT ...... ~ / OL~ 1. New Years Day 2. Christmas Day 3. July 4th 4. Thanksgiving Day 2. UPGRADE: Upgrade is defined as time spend by PTC installing additional equipment and/or software to a computer to increase its performance and/or capacity. a Any upgrade desired by CUENT must be scheduled with PTC at least 2 weeks in advance. 3. SET-UP: Set-up is defined as time used by PTC to hookup hardware and load appropriate software into a new or existing computer: a. Any set-up desired by CUENT must be scheduled with PTC at least 2 weeks in advance. 4. CLEANING: Cleaning is defined as time spent by PTC removing accumulated dust and debris from inside a computer so as to increase its longevity. PTC recommends this be performed every 6 months. The maximum charge for cleaning will be 1 hour per computer. . - 5. DIAGNOSTICS: Diagnostics is defined as the use of software to evaluate the present condition of a computers components. PTC recommends this be performed every 6 months. The maximum charge for diagnostics will be 1 hour per computer. 6. TRAINING: Training is defined as time spent by PTC teaching CUENT and/or CUENT's staff the proper operation and use of computers and installed software. a. Any training desired by CUENT must be scheduled with PTC at least 2 weeks in advance. 7. CONSULTING: Consulting is defined as time spent (in person or via telephone) with CUENT and/or CUENT's staff to give professional advise relating to hardware or software. 8. SYSTEM PURCHASE: PTC extends to CUENT during the term of this agreement the opportunity to purchase complete new systems (computer, monitor, and keyboard) at a 5% discount. D. TRAVEL 1. If distance to CUENTs office is such that it requires air travel and/or overnight accommodations, CUENT agrees to pay in advance for all such expenses incurred by PTC. PTC will inform CUENT of the amount of the expenses. E. REFUNDS 1. If CUENT is dissatisfied with the service provided by PTC, PTC will have 30 days from the date of written notification to resolve the problem. 2. If after 30 days, CUENT is still dissatisfied, PTC agrees to refund to CUENT 90% of the remaining CUENT balance. 3. PTC agrees to disburse a refund within 30 days from the period mentioned in paragraph E2. Page 2 - SERVICE CONTRACT .... -- /O~ F. CONTRACT RENEWAL 1. Upon conclusion of the one-year term as described in Paragraph A 1, if CLIENT has hours remaining and does not wish to renew the contract, 1/2 of the remaining hours will be refunded at their purchased value. PTC has 30 days from the ending date of contract to pay the refund. 2. PTC extends to CLIENT the opportunity to renew the contract, at which time all of the unused hours may be carried forward to the new contract at their purchased value. 3. If all the contract hours are used prior to the one-year period, CUENT has the option of purchasing additional hours at a rate of $50 per hour, or purchase a new contract. The old contract would terminate on the date the new contract became effective. G. PAYMENT 1. For a fee of $2700 PTC will provide 60 hours of professional services to CUENT (based on the normal $60 per hour rate, this represents a 16% savings for CLIENT). H. ATTORNEY FEES In the event it is necessary for either party to maintain an action or proceeding upon this contract, or if an appeal is taken therefrom in connection with controversy arising out of this contract, the prevailing party shall be entitled to recover, in addition to such other sums or performance due hereunder, such sums as the court deems reasonable as attorney fees in such action, proceeding or appeal. CITY OF WOODBURN: PERSONAL TOUCH COMPUTERS: By: Fred W. Kyser, Mayor Patrick McCraw, President Attest: Mary Tennant, City Recorder Page 3 - SERVICE CONTRACT T J01) EXHIBIT IIAII City of Woodburn Equipment to be Serviced Description Printer - Epson OFX-8ooo Printer - Okidata 393 Serial Number OVZOOOO682 009AOO27105 IBM Model 80 File Server/ 360 MB Hard Drive 25MH 4MB Memory 23550869 Elgar Battery Back-Up 1000VA Mountain 2GB Tape Back-Up FS21T004 Isolan Multiport Repeaters Isolan Multiport Repeaters MEOOO799H ME000819H Isolan Transceiver Type 114 Isolan Transceiver Type 114 TE00286A TEOO276A Isolan IEEE802-3 Transceiver 10 Mbps. TE049386H Okidata Microline 182 Turbo Printer Okidata Microline 182 Turbo Printer 009A 1170156 009A1170158 Hewlett Packard Laser Jet III Printer Hewlett Packard laser Jet III Printer Hewlett Packard laser Jet III Printer Hewlett Packard laser Jet III Printer Hewlett Packard laser Jet III Printer 2424161752 3015J94191 3026J50424 3026J50423 2026J50425 IBM PS/2 Model 55SX Computer, 60 MB IBM PS/2 Model 55SX Computer, 60 MB IBM PS/2 Model 55SX Computer, 60 MB IBM PS/2 Model 55SX Computer, 60 MB IBM PS/2 Mode155SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SC Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB 23-1249203 23-1248875 23-1294913 78-9292149 78-9015025 78-9014819 78-9015073 78-9014883 78-9015115 78-9015024 78-9014569 78-9015018 78-9015088 78-9014548 78-9014598 Page 1 of 2 - Exhibit IIAII - Service Contract ..... 'IF / () 1:;- IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB 78-9015132 78-9014765 78-9015131 78-9014767 78-9014851 78-9015105 78-9015060 78-9015126 78-9014526 78-9013518 78-9015111 78-9014804 IBM Proprinter III IBM Proprinter III IBM Proprinter III IBM Proprinter III IBM Proprinter III IBM Proprinter III IBM Proprinter III IBM Proprinter III IBM Proprinter III IBM Proprinter III IBM Proprinter III IBM Proprinter III 0923F4400114127724 0923F4400114127647 0923F4400114127665 0923F4400114127558 0923F4400114~27680 0923F4400114127626 0923F4400114127718 0923F4400114127667 0923F4400114127719 0923F4400114127633 0923F4400114127634 0923F4400114127722 IBM Proprinter III XL IBM Proptinter III XL IBM Proprinter III XL IBM Proprinter III XL 0923F5000113027100 0923F5000113027180 0923F5000113027175 0923F5000113055098 Page 2 of 2 - Exhibit "A" - Service Contract 'I" /0 C__ COUNCIL BILL NO. J 3 1-1 RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 1991-92. WHEREAS, Oregon Revised Statutes 294.450 allows the transfer of operating contingency appropriations within a given fund to an existing appropriations category within the same fund during the year in which appropriations are made, and WHEREAS, the General Fund requires a transfer of operating contingency appropriations to the Materials & Services category of Non-Departmental for settlement agreement costs associated with the Pacific Northwest Development litigation, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That authorization is hereby given to transfer the following operating contingency appropriation: GENERAL FUND Transfer From: Operating Contingency (01-090-92100) $ 22,500 Transfer To: Materials & Services - Non-Departmental $ 22,500 (01-090-60007) /\ /J ~ Approved as to Form~:'r1 ~ ~ / 0- 2' Lj - f / 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, Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 13~ 7 RESOLUTION NO. ~ "I" 10"1) MEMO FROM: City Council through Acting City Administrator Randy Scott, C.E. Tech III through Public ~cto;e.S. TO: SUBJECT: State Highway 214 Improvement Plans, adjacent to H.W.!. Development DATE: October 24, 1991 RECOMMENDATION: It is recommended that the Woodburn City Council approve a contract with DeHaas and Associates in the amount of $10,800 for Hwy 214 and Woodland Ave. professional surveying work. (Note 1: Purchase order will be issued by Engineering Division) (Note 2: Ultimately this cost will be charged to Hwy 214 widening project funded by State loan and grant program) BACKGROUND: City staff is in the process of designing the final improvement plans for the required State Highway 214 widening adjacent to the H.W.!. development. The consultants' services are urgently required due to the short time frame for the project. Plans must be submitted to the Oregon State Highway Department no later than January 13 for a May bid letting. DeHaas and Associates are currently working on another city project providing construction staking. Although professional services contracts do not require a bid, city staff did obtain informal bids for these services from various consultants. DeHaas and Associates submitted the lowest hourly rate and the lowest project cost. Therefore, staff recommends utilization of the same hourly rate for this contract. The completion of this project will provide a turn on Hwy. 214 for H.W.I. and for Woodland Ave. traffic. IMPRV214.HWI - r DE HAAS A ~s~~~':.~::: .I.r2~; /0]) ..1. Suit. 300 - AGC Center 9450 S.W. Commerce Circle W1lsonvllle, Oregon 97070 (503) 682-2450 (503) 682-2451 FAX October 16, 1991 Mr. Randy Scott Construction Inspector City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Re: Design Surveying - State Highway #214 Improvements Dear Randy: This is in response to your request that we provide our estimated costs to furnish design surveying services for the subject project. The design surveying is related to improvements of State Highway #214 (Market Road No. 14) from 1-5 interchange west approximately 2400 feet. The anticipated scope of work has been derived from our 10/14/91 meeting with Randy Scott and preliminary site reconnaisance on 10/14/91 and 10/16/91; and our general knowledge of the type of survey information appropriate for design of these types of roadway projects. It is our understanding that the City proposes to proceed with final design plans in-house. Work is to be coordinated with the City and prepared in practical format so as to accomodate their design efforts. The general scope of work anticipated is as follows: 1. Verify the existing right-of-way monuments. 2. Tie all work to OSHD coordinates. 3. Take cross-sections at 50' intervals the total width of the ultimate right-of-way (110'). Draw cross-sections. 4. Arrange for utility locates and markings. 5. Tie all utilities. 6. Provide topo survey (notes only) of all features within the right-of-way. 7. Provide topo survey (notes only) of intersecting streets for a distance of approximately 200' from the Highway #214 right-of-way. , '.. IOD As consideration for providing the services enumerated above, we agree to perform the work at rates of our Standard Fee Schedule, attached. It is estimated that costs will be in the range of $9,400.00 to $10,800.00. ~. President <&/Id~ Attachments cc: 91.153.553 MJD/sd 153LTR.016 , I "". . . .... ::. -. ;"'h ~~~ ~ ~~~~~./{)z)~ ~ ~ ~~~~ ~ ~~ tt5.\1~~~ J. ... .a-=fiL~"~~~.S' ~ ~~ lJJ&~~l '\ ~ l: \ ' // a?6 .., -..? _ '" J ~ \j V) ~ SJ ~ ~ \ ~~~~ : -I I -~~ . ~ll~R~ k " j~~~__ ~ ~ II ,/,;; '~~(,'~. ~ ~~ \j~ ~ ~ ~, - ~ ~ ~. · II ). C '. . .... ~ ~ ~ ~~~~~. ; & ~ ~~I I n~ \)~ ~ ~~\ ~ . .. , C<:70CG' ~S;-J:::~p../O~. I ~ ~~ ~ q ~.~~~ I ....:~ - .A:=>C5C -.... I i J6~ ~t;: ~ ~ ~'1. i\ ... .=~ .3.~~A:J'Y' . ~~~J!!I' _ ~~ ~~-~ .~_. ;&t" ( i' ~~~ ~ ~ ~ -~. _ ~ ~"1! ~ . ~ ~~.~ ~ ~~ 11 ~i~~ ~~ ~l ~1 ~ ~ I _~~~~ ~~ ~~ .' ~ ~ ~ ~ ~ ~~ ~ ~.~ ~ ~ ~ ~'Q ~ / ~ r~ ~ ~ ~ag ~ t. 1 ~. ~ ~, .~ ~t '" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ \\1 "'l~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~~~ ~ ~ ~ I,.; ~~ ~ ~~~~\ ~, /~ ~)'~~~ ~ ~ ~ ~) ~i~ 8t: ,/C?~ .3.~.G;c:?yh#/c?/y . ~~ ~ ~ ~ V) I '. ; :: ~ ~ ~{~ -11~ B .i v' lu ' / / / ~ ~ ~ ( " N "'I ~ ~ ~~ ~~ .-L,frB.9/ /a-~ -... 'I" DE HAAS A ~SC:~!~~;::.'s~;:': Sutt. 300 - AGC Canter 9450 S.W. Commerce Circle Wllsonvllla, Oregon 97070 (503) 682-2450 (503) 682-2451 FAX January, 1991 STANDARD FEE SCHEDULE 1991 Listed hereinafter is a schedule of hourly rates for engineering and surveying services most frequently performed by DE HAAS & ASSOCIATES, INC. Principal Project Manager Project Engineer Engineer Technician Design Draftsman Draftsman Inspector Clerical Survey Manager Survey Technician Party Chief Head Chainman Rear Chainman 2-Man Crew 3-Man Crew Computer Time Electronic Distance Measurement Mileage Prints Xerox Fax Direct Expense $57.00 48.00 40.00 32.00 33.00 28.00 30.00 20.00 38.00 30.00 35.00 24.00 19.00 59.00 78.00 No.Charge No Charge $0.30 per mile $2.00 each $0.15 each $1. 00 each Cost + 5% Note: If work remains to be done beyond December 31, 1991, the balance of the fees to be earned on each subsequent January 1 will be modified in accordance with the change in the Construction Cost Index of the Engineering News Record, a McGraw Hill Publication of nationwide circulation widely used in the construction industry for this purpose. The Construction Cost Index used as a basis will be the Index figure existing on January 1, 1991. - T /44 CITY OF WOODBURN 270 Montgomery Street . Woodburn, Oregon 97071 · 982-5222 October 1, 1991 Willie Rogers Eagles Lodge 371 South Pacific Highway Woodburn, 97071 :-,.... Dear Mr. Rogers: At its meeting on September 26 the Woodburn Planning Commission approved your Site Plan Review Request # 91-15 to construct an addition to the existing Eagles Lodge. The approval is subject to the conditions presented in the staff report at the time at the hearing. Please contact our office if you have any questions concerning the conditions of approval. Sincerely, ,gCt~u~ Jt)~v~ Barbara Sochacka City Planner ~ .. /4A STAFF REPORT SITE PLAN REVIEW # 91-15 EAGLES LODGE ADDITION PROPERTY LOCATION: WILLIE RODGERS! EAGLES LODGE 371 SOUTH PACIFIC HIGHWAY ( see map 1 ) APPLICANT: ZONE: COMMERCIAL GENERAL ( CG ) COMPREHENSIVE PLAN DESIGNATION: COMMERCIAL REQUEST: TO CONSTRUCT AN ADDITION (APPROXIMATELY 5760 sa FT) TO THE EXISTING EAGLES LODGE. ( see Attachment A and B) "">~ "'... ~........"....'u_...... . -.. '... 1 J I" ~A ..)~ ~ ' " . · .1 ~ ., --l!.., '~ . . c . t- 1- r ~ ~. . fl.. I " II I r I rl ~ ~,' --" _=<.' y.~' ~~ :; 711 ~ Ir -~ j -~:;;.;;; C ",l--J) i '-J:---, (it,M, II \1 \ iiJ ','/: ~ ~ ' f ~ LaL SMU<:KERS ~ ll'l1lJ, r--:::::' · " , :ARREN WA' "/H.J,' ~ ~(J--J ~ 'I I:h, BI:~:~~ .... . ~j~ 7 ~~. 7 I 'Ji ~ ? '",,~~~~, /f- t:H: T l~ _ y rrr.' J j H I I I 1"1 (GENERAL FOODS CORP) ,J, ~DEER RUN ..) .$ /'"'' ..-. "'./r.. ~ 4" I I - - I' I "f J~ /l/ - If ./"~ I , .f."-i Prz.OPE;,~n LDCftT:r M~ -...:::::J - / -~ / !t ',12 71 r- L ~' 19120 '- '~AP~. -j / URBAN I "; ,'''OWTH \ / 'BOUNDARY - T ~ ---t ~ ~ :t :t rta ~ ----e 4 II m U1 >-l o m z ~ >-l J> .. ~ Z ~ ~. '........ . '........ " , '--...... ........ '" '" 01 o 01 I I I I I I I C() n' , , o , , , I " " I ') I " ....,. 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I ~=- :~=:~ =_ I ~~-- ...-.':~..=~~'~-_: J ~._.. --- : L:--' :-~:.-~! Y i-~'_,_ i - ~_i ~ ---=:- -/ ! I , ,'l:,...:........ - ,z_. ,. , , I I -- ---...- - _.._---~ AT7ACHMENr B I 4-1-1 ~----:---:-. ~g <. 2 : ~ )~~ iI- -,\i/ Jt .- I' . , I' I ,I I II I II t " . P I I' I " I I' I " I " I " I I I " i 1 I I ~I ~li 7"L:. ~1 ~~ t~ ~1t ~-R\)_ t~ - ~ i = :'=~~-~=-: .- ., =.=::.:::--. ... ... r- ... < ---....-.--..- - ~ .. =.-==:;:- ':-:::---._-- !'. ... ,--,-, -:--::-':-:'-:::.::::-::"..-- - --...-- - _._..._-~ I \;~- 0 "Z ~- --., ~ i:. t-l .1. ~ l~ " ~:~ ::1; .2' ~~~:~~~~.-=:,- ~~ : l -,., -._'. ..'...._n=-. :.. i - " _, ~=~~~~~~.-.-_-= "- I ':_.~~:..=:::~__-.___l _ _:_.:~-=-=~~-::-:=.~::::--=:-:::- I:.~ _ - " .. r _.._ - i l \ r-...~ r......~~ ~N::!; ~. ~~ :z:. --1 ~~ ~ ~~: ~I ~...q- ~j ~~~ ~ - T /5~A MEMO TO: City Council THROUGH: FROM: Public Works Director Julie Moore. C.E. Tech III ~ Project Progress Report O~~ SUBJECT: DATE: October 24, 1991 Following is an progress report on the Public Works projects currently underway: 1) Woodland Avenue Extension Contractor: Kizer Excavating The contractors have finished paving the street surface. Clean up to be done. Project 98% complete. 2) Storm Drain - Willow Avenue to Senecal Creek Contractor: On-Line Construction The storm drain work is finished. Project 100% complete. 3) Sanitary Sewer Bore Under 1-5 Contractor: Pipe Tech, Inc. The bore process under the freeway has been started. Project 40% complete. 4) West Woodburn Sewerage System Lift Station and Force Main Contractor: Kizer Excavating The contractor has started to lay the force main. Project 5% complete. 5) Mt. Hood Avenue/Progress Way Storm Drain (Bi-Mart/Kmart) Contractor: Canby Excavating The storm drain has been installed to the railroad. The bore under the railroad is all that is left to be done. Project 90% complete. - -- II"": :..- 1) Woodland Ave. Extension 2) Storm Drain - Willow Ave. to Senecal Creek Illflllllfllflllfllflllllllllfllll 3) Sanitary Sewer Bore Under 1-5 _ _ 4) West Woodburn Sewerage 'lIllI_- System Lift Station and Force Main ___.At""".At"""..- LEGION PARK II PAAK VI~W CTj · - - - 5) Mt. Hood Ave.lProgress Way Storm Drain (Bi-Mart/Kmart) ..... "I" /~~ L~ MEMO FROM: City Council through Acting City Administrator Public Works Director ~~ ~. Industrial Pretreatment Program Notice TO: SUBJECT: DATE: October 23, 1991 RECOMMENDATIONS: Be aware of Department of Environmental auality (DEa) Compliance Notice and city's response to it. Modify attached response, if desired. BACKGROUND: Federal rules and regulations require publicly owned treatment plants that are serving industries to implement an industrial pretreatment program. l11e,program requires that publicly owned treatment plants provide: 1. Inspection of current and incoming industrial and commercial discharges who have potential impact of the system. 2. Monitoring: Determine the waste load impacts and issue proper permit and continue to monitor pollutants from discharges. 3. Enforcement: Enforce the rules and regulations of EPA and DEa regulation through city ordinance. The staff at the treatment plant has addressed all the issues brought up by the inspector from DEa in his compliance report. It should be noted that higher priority problems have been resolved. Although DEQ has authority to levy fines on non-compliance, it is our understanding that DEQ will issue a lInotice of intent" and require us to resolve all issues addressed in the compliance report prior to their next inspection. We are in agreement with their approach. The report by DEa states that the city has not provided enough staffing for the pretreatment program. We are shifting and reassigning the workload among current employees to resolve this problem, and we are hoping that additional personnel hiring can be postponed for some time. Recently DEa has started to enforce the EPA regulations very strictly and all cities are trying to adjust their operations accordingly. It is the opinion of the Woodburn treatment plant staff, along with my own opinion, that Woodburn's operation can be rated among the top ten percent of the state's publicly owned treatment works. However, we must continue to upgrade our operation in response to the regulatory agencies' requirements and you should understand that this could require additional costs in the future. DEQNOTIC.CC - ... DRAf:M~/;S /3 CITY OF WOODBURN 270 Montgomery Street . Woodburn, Oregon 97071 . 982-5222 October 24, 1991 Chuck Hopkins Pretreatment Program specialist Water Quality Division 811 SW sixth Avenue Portland, OR 97204-1390 RE: city of Woodburn Industrial Pretreatment Program FY 1991 Pretreatment Compliance Inspec~i.on File Number: 98815 NPDES Permit Number: 100361 Subject: Response to notice of noncompliance (WQ-WVR-91-453) Dear Chuck: Attached please find the city's response to the notice of noncompliance of October 8, 1991. It is my understanding that your recommendation to the enforcement section is to give a Notice of Intent. It is my general feeling that the items in the PCI report can be resolved quickly from the city's perspective. I have no doubt ~hat every pre~reatment item in the future will gain serious attent10n from the C1ty. Sincerely, Fred Kyser Mayor written by: Frank Sinclair POTW Superintendent OEQLTR.INO - nDtJl; ..~ Uf~~c~ t! / ~:) i3. PROGRAM MODIFICATION STATUS Reauired Actions: In accordance with 40 CFR 403.18, the City will continue to submit all proposed program modifications to the DEQ for review and approval. Once approved the changes will be incorporated in to the City's program. INDUSTRIAL USER CHARACTERIZATION City Response to Reauired Actions: ;I( The City's POTW personnel are presently evaluating the list of businesses that were obtained from the Licensing Department. If any industrial users are located they will be appropriately classified. ;I( It appears that the POTW is not experiencing any increased loads of zinc over historical amounts. The amount of zinc present in our sludge tends to flocculate from year to year. The amount present is well under the 2000 mg/kg acceptable for sludge application to agricultural land. The last zinc concentration in our sludge on 9/20/91 was 51.4 mg/kg. Our last influent zinc concentration was .280 mg/l which is well below the local discharge limit of 4.0 mg/l. ;I( The City has always made the determination that Conroy Packing, Pacific Rim, and Smuckers were not categorical but SIU's. The City is in the process of classifying Credo as a non-categorical and non-siu. Credo Company had been sampled over eight times and inspected several times since June 1989. The previous inspections and samples showed they did not have a pH or metal problem or any significant impact upon the POTW. Credo was placed as a NON-SIU and as a low priority industry and more immediate industrial waste and treatment plant problems were resolved. The sampling and inspection of Credo Company was overlooked during the 1990 cycle due to a concentration of efforts towards other extremely pressing industrial waste matters. Also before personnel could enter the appropriate data in to the PCME system, the Credo Company file was sent to CH2M Hill for facility - T DRt1J p;- . - }~ ,I'-'.". , .,.'(.i:,;, I; till L. L ..,: 158 planning purposes. CH2M Hill lost the file for a large portion of 1990. The lab file is still missing and attempts are being made to locate the file. The permit file was returned just before the pretreatment inspection of 1991. We are currently reviewing file in order to meet requirements. Credo Company the PCME system so further dates should be avoided. Credo Company permit and the pretreatment program data has been entered into mix up on inspection due * The City of Woodburn is in the process of developing an agreement with Agropack which will specify that no process water is to be discharged "t'o the sanitary sewer. PERMIT ISSUANCE (CONTROL MECHANISM) City Response to Reauired Actions/Recommendations/Discussion: * The City POTW personnel is currently revIsIng its permits to include a statement of applicable civil and criminal penalties. Permits will be reissued to SIU's which contain the Federal requirements, including the statement of civil and criminal penalties. * The City of Woodburn does not now believe or never has believed that Credo, Davison Auto Parts or Woodburn Radiator was SIU's. Past information from DEQ on procedures for filling out the Annual Industrial Waste Pretreatment Program Report indicated that these industries was to be classified as SIU's. * The City is presently forming an agreement with AgriPac which specifies that no process wastewater is to be discharged to the sanitary sewer. APPLICATION OF STANDARDS AND REOUIREMENTS City Response to Reauired Actions/Discussion: * The City intends to apply for a program modification which would allow us to monitor Davison's Auto, and Woodburn Radiator using technically based local loading limits. * The City presently requires Specialty Polymers to meet a summer turbidity limit based upon the impact their discharge has upon the POTW. We are in the process of issuing them a new discharge permit with a year round turbidity limit (based upon the 10/23/91, telephone ~ ~ 0',' [n- f' f"--' l')l ,\ l- l :. ;1:\'" '. . 1 Li.... l_.i l...; /51-3 conversation with Chuck Hopkins). The City it is on shaky legal ground issuing the Specialty Polymer has always cooperated request from the POTW in the past. still feels limit, but with every * The problems with SBOD at the Woodburn POTW will not reoccur using the present mode of operation. Using the present operational mode the treatment plant will only "SEE" TBOD. However, if for some unforseen reason SBOD again becomes a problem at the Woodburn Treatment Plant then SBOD limits will be issued. COMPLIANCE MONITORING: City Response to Required Actions/Recommendations/Discussion * The City will more closely schedule the monitoring of its SIU's. The use of PCME which was fully developed at Woodburn POTW in 1991 will greatly enhance the effort. * The City will Develop a budget and begin sampling each of its ru's to independently verify compliance with the pretreatment standards. This process will begin immediately. * The City uses a contract laboratory to perform all its non-standard analysis. As you are aware there is no absolute way of ensuring the accuracy of the results. However, the laboratory that we use is EPA approved. * The chain of custody form that was developed by the City is in use at present. INSPECTIONS City Response to Recommendations * The City has implemented the use of its inspection report forms. INDUSTRIAL USER SELF-MONITORING AND REPORTING: City Response to Required Actions * The City of Woodburn has every intent of continuing to comply with 40 CFR 403.12(h). However, Specialty Polymer presented the City with some special challenges which resulted in some unfortunate delays. According to the information available, Specialty Polymer came under 40 CFR 416 and was issued a permit in April 1987. This reqUired monitoring the industry for pH only. The - tH . lf1.:,i LL_ -- -l /5/3 POTW initially monitored them for pH, flow, BOD and TSS and conducted several inspections per year. Since early 1988 the POTW and Specialty Polymer performed extensive research to determine the affect of their wastewater upon the POTW and the form of pretreatment necessary. As a result of our efforts the City was able to get Specialty Polymer to install a pretreatment system at their cost of $250,000. Their treatment systems were installed and operational by mid 1990. Part 416 was eliminated from the CFR and beginning in March 1989 we were in correspondence with EPA requesting categorical determination. We worked closely with Specialty Polymer in supplying information to EPA. In June 1990, with no tangible response from EPA, we determined that the industry came under 40 CFR 414. The permit was issued in October 1990. Due to a clerical error, the biannual sampling dates was listed as January and June rather than June and December. This resulted in sampling being performed in 1991 rather than 1990. This error has since been corrected. Since the new permit was issued, Specialty Polymer has been sampling for the constituents found in Part 416 and are being inspected triennially. *- The City has had a Certification Statement in reports since May 1990. Reports submitted by categorical users now contain the updated certification statement as required by 40 CFR 403.12(1). All categorical users have contained the statements since June 1991. 1< All applicable reports required under 40 CFR 403.12 including a BMR and a 90 day compliance report have been submitted by Specialty Polymers. All information required by the BMR was already obtained by October 1986 with additional supplements submitted as necessary. According to 40 CFR 403.12b the BMR need not be resubmitted if we already have the information. Specialty Polymer was required to submit a 90 day compliance report after they were re-categorized in 1990. This was submitted late due to the late sampling and long turn around time from the lab. The compliance report was submitted immediately after receiving the lab data. The 90 day compliance report was submitted on May 29, 1991. * The City is now aware of the 24 hour notification and ..... ... 'i...,';:;.. ... I; i 'i' i WLL '-._ / _5/J 30 day re-sample onus. The City will make every effort to obtain 24 hour notification and 30 day re-sample with results. If the requirement is not met by industries enforcement action will result. Enforcement action will be taken against Specialty Polymer for the 30 day re-sample violation. If it is determined that they violated the 24 hour notice requirement then that incident will be handled with an enforcement action. ENFORCEMENT: City Response Recommendations: * The City is in the process of determining if Specialty Polymers is in compliance with pretreatment standards. The process is complicated because the cyanide test is subject to interferences. Specialty Polymers chemical engineer assures the City that they do not use cyanide in any of their reactions and they do not have any on their property. The other two alternatives are interferences or error's in the laboratory testing or cyanide is being formed as a by-product in one of their process reactions. Specialty Polymer is conducting research to determine the cause of the positive cyanide tests. The City has always taken enforcement actions for violations at Specialty Polymers and other industries. As mentioned earlier, our present Ordinance does not provide the enforcement authority needed to meet the new pretreatment standards. However, we have worked closely with the major industries into bringing them into a compliance mode which nearly meets the new standards requirements. We have used phone calls, letters, meetings and training sessions in order to move the industries towards compliance. More effective enforcement action may be taken once the new pretreatment ordinance is passed. Over the past five years Smuckers and Conroy Packing both installed new neutralization and solids removal systems. Specialty Polymer installed a $250,000 precipitation and ultrafiltration treatment system. All industries have been submitting the Periodic Compliance Reports and been performing the reqUired sampling. There have been numerous documented meetings, inspections, follow-up investigations and telephone conversations with the industries to move them towards compliance. - f":" r ill! ill. -' .' 'fi , "i ; L L.~ '_.Ou 4' / 5- E- The result of these measures have eliminated the wide pH fluctuations and turbidity problems. BOD and TSS entering the plant has been reduced. Several POTW unit processes now function more effectively since Specialty Polymer installed their treatment system. These changes along with plant modifications have been responsible for the POTW passing its' summer NPDES Permit limits for the past two years. Prior to 1990 the POTW had never passed its' summer NPDES Permit. '" The City is in the Specialty Polymer or an industry is found take the appropriate IU. process of determining whether any other industry is in SNC. If to be in SNC then the City will action including' publishing the '" In all future annual reports the City will correctly identify all deficiencies that are noted in the most recent audit or PCI report. The City will make an intensive effort to document all enforcement actions taken. The introduction of PCME into the system will enhance this process. '" DATA MANAGEMENT City Response to Recommendations: '" The City is in the process of reorganizing its pretreatment program files. We are making separate files for each category mentioned in the PCI report. Another problem which was confusing to the inspectors, which we are correcting, is we were keeping City run program records in the Pretreatment files. For example, we had the cross-connection records with the pretreatment files. This is also being corrected. RESOURCES AND FUNDING City Response to Reouired Actions: '" The 1988 DEQ audit stated that "the City of Woodburn has one of the best managed industrial pretreatment programs in the State." At that time only 0.2 FTE was dedicated to the Federal program requirements. From 1986-1988 the pretreatment program personnel requirements were .2 FTE to maintain an excellent program in the "eyes" of DEQ. Since then the demands of the program have outstripped the available resources. Since 1989 the City has increased the personnel to work on Federal pretreatment requirements to .8 FTE. The EPA Manual Guidance Manual for POTW DBAf",.l I 5- !3-- Pretreatment Proaram Develooment, suggest 1-3 personnel for a pretreatment program with a small number of industrial users. The DEQ must realize that if a City does not perceive a need for additional personnel or resources then none will be provided. Prior to 1989 the perception was that we had adequate personnel and funding. After 1989 the City did provide more funds and staffing to the program. However, it appears that more staffing and funding is still needed, if that is the case then the City will take the appropriate steps. CONCLUSION The perception may be that The City of Woodburn has made limited progress since the audit by EPA in May of 1990 but, the City has complied with all audit program development requirements, and still regulated the industries enough to ensure treatment plant compliance. DEQ and EPA did approve a grant and approve a treatment plant design for a system that was obviously under designed. There has been no significant increase in SBOD concentration since 1976. There has been no significant industries move into Woodburn since the early 1970's and the treatment plant did not pass summer permit for the first 10 years it was on line. The treatment plant is know passing its NPDES permit limits year round and has capacity to spare. The industries have made significant improvements to their pretreatment systems at the Cities request and without formal enforcement from DEQ or EPA. It appears, from our perspective, we are talking about fine tuning the program and bring it to exact standards. The City has absolutely no hesitation in cooperating with DEQ and EPA in doing exactly what is necessary. ~ W' ~n October 8, 1991 DEPARTMENT OF ENVIRONMENTAL QUALITY CERTIFIED MAIL Mayor Fred W. Kyser City of Woodburn 270 Montgomery st. Woodburn, OR 97071 Re: City of Woodburn Industrial Pretreatment Program FY 1991 Pretreatment Compliance Inspection and City Council File Number: 98815 NPDES Permit Number: 100361 Subject: NOTICE OF NONCOMPLIANCE (WQ-WVR-91-453) Dear Mayor Kyser and City Council Members: A Pretreatment Compliance Inspection (PCI) was performed by Department of Environmental Quality staff, with assistance from u.s. EPA's contractor science Applications International Corporation, on May 21, 1991. The findings of this inspection are enclosed for your revi~w. The inspection indicated the pretreatment program implemented by the City of Woodburn to be deficient in several critical areas. This Notice of Noncompliance is issued to the City of Woodburn pursuant to Schedule E of the National Pollutant Discharge Elimination System (NPDES) permit issued to the City. The Department has determined that the City of Woodburn failed to conduct and enforce the industrial pretreatment program in accordance with its approved program and the General Pretreatment Regulations of 40 Code of Federal Regulations (CFR) Part 403, as identified in the PCI Report dated September 1991 (copy enclosed). The inspection identified the following significant deficiencies: ~ Failure to inspect or monitor Credo Company in 1990, pursuant to the requirements of SCHEDULE E of the City's NPDES permit and 40 CFR 403.8(f)(2)(v). The City has determined this company to be a Significant Industrial User (SIU). 811 SW Sixth Avenue Portland, OR 97204-1390 (503) 229-5696 DEQ-] @ ...... ~ IS-B City of Woodburn October 8, 1991 Page 2 ~ Failure to monitor Specialty Polymers for all regulated pollutants in accordance with the Organic Chemical, Plastics, and Synthetic Fibers (OCPSF) categorical Industrial User (CIU) standards of 40 CFR 414 pursuant to 40 CFR 403.8(f) (2) (v). ~ Failure to require Specialty Polymers to submit all information required by a Baseline Monitoring Report (BMR) or a gO-Day Compliance Report. This is of particular importance in view of the monitoring data submitted by Specialty Polymers which indicated a violation of the monthly average limit for cyanide (CN) . · Failure of the city to take enforcement action against Specialty Polymers for failure to notify the City of a violation of the monthly average limit for CN and failure to resample and submit results within 30 days, pursuant to 40 CFR 403.12(g). The Industrial User (IU) permit issued by the City to Specialty Polymers requires the IU to notify the City and resample in the event of a violation. · Failure to require Specialty Polymers to monitor for all regulated pollutants at least twice a year pursuant to 40 CFR 403.12(e). · Failure to require SIUs not subject to categorical pretreatment standards (i.e., Credo Co., Davison's, Woodburn Radiator) to submit self-monitoring reports at least every six months pursuant to 40 CFR 403.12(h). The City does not perform monitoring for these industries. Therefore, this is a violation of the city's NPDES permit. ~ Failure to ensure that reports submitted by crus (i.e., Specialty Polymers) contain the certification statement in 40 CFR 403.6(a) (2) (ii) pursuant to 40 CFR 403.12(1). · Failure of the City to take appropriate enforcement action against IUs for permit violations (i.e., Specialty Polymers) and conduct follow-up investigations to determine whether the IUs have achieved compliance with pretreatment standards pursuant to 40 CFR 403.8(f) (2) (vi). · Failure of the City to provide adequate staff and - -- / ,5li City of Woodburn October 8, 1991 Page 3 resources to fully implement its pretreatment program pursuant to 40 CFR 403.8(f) (3). These are considered serious violations of the Department's rules. Therefore, we are referring these violations to the Department's Enforcement section with a recommendation to proceed with,formal enforcement action which may lead to a civil penalty assessment. The Department acknowledges that it has received, and is currently reviewing, several program policy and procedural documents for the City of Woodburn. It is our position, however, that our review efforts should not inhipit or delay correction of the deficiencies identified in the- enclosed PCI Report in any way. Therefore, the Department is requesting that you respond, in writing, by October 31, 1991. Your response should include a discussion of how each of the required and recommended actions, identified in the enclosed PCI Report, will be corrected, and a timetable for making these corrections. If you have any questions regarding this matter, please call me in Portland at 229-6528. Sincerely, a-L~ Chuck Hopkins Pretreatment Program Specialist Water Quality Division Enclosure: SAIC's September, 1991 PCI Report cc: Bob Robichaud:EPA:Seattle EPA:OOO Willamette Valley Region:DEQ Pretreatment Files:WQ:DEQ (wjattachment) Steve Boynton, Pretreatment Coordinator City of Woodburn (wjattachment) .... T