lebanon city council meeting · • commission members present: gary marks, jenni grove, cassie...

Lebanon City Council Meeting Agenda – 10-09-2019 Page 1 of 3

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Mayor Paul Aziz

Council President Jason Bolen Councilor Robert Furlow Councilor Rebecca Grizzle Councilor Wayne Rieskamp Councilor Karin Stauder Councilor Michelle Steinhebel

MISSION STATEMENT The City of Lebanon is dedicated to providing exceptional services and opportunities that enhance

the quality of life for present and future members of the community. CALL TO ORDER / FLAG SALUTE ROLL CALL CONSENT CALENDAR: The following item(s) are considered routine and will be enacted by one motion. There will not be a separate discussion of these items unless a Councilor so requests. In this case, the item(s) will be removed from the Consent Calendar and considered separately.

AGENDA: Lebanon City Council Agenda – October 9, 2019 APPOINTMENTS: Library Advisory Committee – Michelle Nelson and Jane Turner BOARD MINUTES: Arts Commission – August 12, 2019 Planning Commission – August 21, 2019 Trees & Trails Advisory Committee – June 19, 2019 COUNCIL MINUTES: September 11, 2019 Regular Session Minutes RIGHT-OF-WAY DEDICATION: Schuman (Corner of River Drive/Mountain River Drive)

PROCLAMATION / PRESENTATION / RECOGNITION:

Extra Mile Day (November 1) Proclamation, read by Mayor Aziz Founders Day (October 17) Proclamation, ready by Mayor Aziz Introduction – New Human Resources Director – Angela Solesbee Presentation – Annual Risk Report – Presented by Barker-Uerlings Insurance

PUBLIC COMMENTS: Citizens may address the Council by filling out a testimony/comment card prior to speaking and hand it to the City Clerk. Each citizen is provided up to 5 minutes to address the Council. The Council may take an additional two minutes to respond. The City Clerk will accept and distribute written comments at a speaker’s request.

LEBANON CITY COUNCIL AGENDA October 9, 2019 (6:00 p.m.)

Santiam Travel Station 750 3rd Street, Lebanon, Oregon

REVISED 10/7/2019


REGULAR SESSION: 1) Award “A” Street Sanitary Sewer Contract

Presented by: Ron Whitlatch, Interim City Manager/Engineering Director Approval/Denial by MOTION

2) Storm Drainage Master Plan Contract Presented by: Ron Whitlatch, Interim City Manager/Engineering Director Approval/Denial by MOTION

3) Authorization of Wire and ACH Transactions Presented by: Matt Apken, Finance Director Approval/Denial by MOTION

4) Update on Feline Nuisance Presented by: Kelly Hart, Community Development Director DISCUSSION

5) Update on Homelessness Coalition

Presented by: Frank Stevenson, Police Chief DISCUSSION

6) Appointment of Acting City Manager and Compensation Increase Presented by: Mayor Aziz Approval/Denial by MOTION

7) Next Steps in City Manager Recruitment Process Presented by: Ron Whitlatch, Interim City Manager/Engineering Director Approval/Denial by MOTION

8) City Manager's Report Presented by: Ron Whitlatch, Interim City Manager/Engineering Director

DISCUSSION

ITEMS FROM COUNCIL Trees & Trails Committee Update – Councilor Grizzle

PUBLIC/PRESS COMMENTS: An opportunity for citizens and the press to comment on items of city business. NEXT SCHEDULED COUNCIL MEETING - November 13, 2019 (6 p.m.) Regular Session RECESS REGULAR SESSION


EXECUTIVE SESSION Executive Sessions are closed to the public due to the highly confidential nature of the subject. It is unlawful to discuss anything outside of the Executive Session. Final action/decisions are to be made in open session.

Per ORS 192.660(2)(f ) To consider information or records that are exempt by law from public inspection.

REGULAR SESSION Council may reconvene into open session should action be required.

ADJOURNMENT

City Council meetings are recorded and available on the City’s YouTube page at https://www.youtube.com/user/CityofLebanonOR/videos The meeting location is accessible to persons with

disabilities. A request for an interpreter for the hearing impaired or for other accommodations for persons with disabilities should be made at least 48 hours before the meeting to the City Clerk at 541.258.4905

https://www.youtube.com/user/CityofLebanonOR/videos

Consent Calendar

Appointments

City Clerk’s Office

To: Mayor Aziz and City Council From: Kim Scheafer, City Clerk Date: September 30, 2019 Subject: Library Advisory Committee Appointments

I. CURRENT REPORT Mayor Aziz is pleased to appoint Michelle Nelson and Jane Turner to the Library Advisory Committee effective immediately. Their three-year terms will end on June 30, 2022.

II. RECOMMENDATION Confirm the Mayoral appointment through the October 9, 2019 Consent Calendar.

Board & Committee Meeting Minutes

• Call to Order: • Commission members present: Gary Marks, Jenni Grove, Cassie Cruze, Sheree

Speaks and Ray Hendricks • Approved June 17, 2019 meeting minutes. • Jury Art Board Submission: Lebanon 2040 Strategic Action Plan Item 1.4.

o Submission accepted by Arts Commission. • The Great Quirky Turkey Pageant (QT): Lebanon Strategic Action Plan Item 3.1

o Completed volunteer schedule for the September 7 silent auction. o Schedule

July 22-August 15 Turkeys on display on Main Street August 16 QT Award Ceremony at Noon at the Plaza September 7 Brewfest Auction – 1 to 4 pm

o Arts Commission voted on the following categories; Quirkiest, Most Interesting Medium, Most Creative and Arts Commission Choice.

• Noon at the Plaza Summer Performance Art Series: Lebanon 2040 Strategic Action Plan Item 1.4

o There has been a lot of positive feedback from community members thanking the Arts Commission for providing performance art in Strawberry Plaza.

o Average attendance over the seven weeks was 40 people. Some performances brought in as many as 70 people.

• Next Meeting Date: Monday, October 21, 2019 at 5:30 pm, Lebanon Public Library Community Room

• Public Comment: • Meeting adjourned at 6:15 pm

Lebanon Arts Commission Meeting Minutes

Monday, August 12, 2019 | 5:30 pm Lebanon Public Library, 55 Academy Street,

Community Meeting Room

August 21, 2019 Meeting Minutes - ADOPTED Page 1 of 9

*MINUTES RECORDING FAILED, MINUTES ARE BASED ON STAFF NOTES AND

WRITTEN PUBLIC TESTIMONY* Members Present: Chairman Jeremy Salvage, Vice-Chair Don Robertson,

Commissioners John Brown, David McClain and Todd Prenoveau, and alternate Commissioner Joshua Galka and Samuel Brackeen.

Staff Present: Community Development Director Kelly Hart; Engineering Services

Director Ron Whitlatch; Tre’ Kennedy, City Attorney. 1. CALL TO ORDER/ FLAG SALUTE Chairman Salvage called the meeting of the Lebanon Planning Commission to

order at 6:00 pm in the Santiam Travel Station Board Room at 750 3rd Street and led the assembly in the flag salute.

2. ROLL CALL Roll call was taken. A quorum was declared. 3. APPROVAL OF MEETING MINUTES July 17, 2019 minutes were approved as submitted. 4. CITIZEN COMMENTS - None 5. PUBLIC HEARINGS

A. Planning File 19-07-48 – Annexation

Chairman Salvage opened the hearing. City Attorney Kennedy reviewed the hearings procedures and asked the Commission if there was any ex parte communication, conflict of interest or bias regarding the application. All Commissioners indicated there was no ex parte communications, conflicts or bias. Mrs. Hart presented staff’s report regarding the proposed annexation. Mrs. Hart identified the location of the properties as 630, 636, and 660 W B. Street, west of South 7th Street. The project area includes property totaling 2.91 acres of private property, and approximately 0.39 acres of streets to be annexed.

City of Lebanon

Planning Commission Meeting Minutes August 21, 2019


Mrs. Hart indicated the applicants wish to annex the subject area into the City limits. As part of the Annexation, the property would automatically be rezoned Residential Mixed Density. The surrounding properties include a religious institution to the north and residences to the west within the comprehensive plan designation of residential mixed density. To the east and south are residential uses within the City boundary in the Residential Mixed Density zone. At the time of application, no development proposals were identified. The Department mailed notice of application to affected agencies, area property owners and the DLCD. There were no comments submitted on this application.

Mrs. Hart indicated the decision criteria for an annexation are found in the Lebanon Development Code: Chapter 16.26. This Chapter incorporates the City Annexation Ordinance and Lebanon Comprehensive Plan, addressing both the private property and right-of-way. Regarding findings, specific criteria are contained in the staff report and summarized as follows:

1. The property lies within the urban growth boundary (UGB); and

2. City limits are located to the north, east and south of the subject properties; therefore, the area is eligible for annexation. Being within the UGB the Plan recognizes this property as necessary to accommodate urban growth; and

3. There are currently no public utilities extended to the site, but the utilities are capable of being extended, thereby allowing urban levels of development.

Mrs. Hart concluded that the annexation request complies with the applicable decision criteria, so therefore, the recommended actions were to evaluate the record and any testimony provided and recommend the City Council approve the annexation application and associated zoning designation of residential mixed use.

The Commission asked clarifying questions to Mrs. Hart regarding the surrounding zoning or location of county land in association with the application site, as well as the annexation of the public street.

Mrs. Hart identified the City versus County area and clarified that the portion of B

Street fronting the subject properties is currently County street, and as part of the annexation, the street would be annexed as well.

Seeing no additional questions, Chairman Salvage opened the hearing for the

Applicant to speak. The Applicant was absent from the hearing. Chairman Salvage then opened the hearing for any member of the public to speak

in favor of the application, seeing none, the hearing was opened for persons to speak in opposition to the application.

Jodie Dubois, 1342 S 7th Street spoke against the project. The concerns included

lack of knowledge of the land survey that was conducted and concern over a portion of her land being included in the survey. Mrs. Dubois also spoke around concerns about the continued growth of the City and the lack of facilities to support it, including high traffic concerns on 7th Street, schools being over burdened, sewer


capacity and generally that the City has surpassed its developable capacity. Commissioners clarified the application is not associated with any development, this

is simply to annex the property into the City, and if or when a development proposal were to occur, public notification would be provided again to provide an opportunity for the residents to speak about the development.

Randy Cox, 1394 S 7th Street spoke on the project. The comments were seeking

clarification on the development proposed, and whether this was the only opportunity for the residents to speak their concerns on development of these sites.

Commissioners clarified that this application was just for annexation and additional

notification would be provided if a development proposal were to occur. Seeing no additional comments, Chairman Salvage closed the hearing, and

entertained a motion seeing no additional comments from the Commission. Commissioner Brown agreed motioned for recommendation to the City Council to approve the annexation and designate the zoning as RM (Residential Mixed Density). Commissioner McClain seconded the motion. The motion passed 7-0. B. Planning File 19-06-41 – Annexation, Comprehensive Plan Map

Amendment, Zoning Designation, and Administrative Review

Chairman Salvage opened the hearing. City Attorney Kennedy reviewed the hearings procedures and asked the Commission if there was any ex parte communication, conflict of interest or bias regarding the application. All Commissioners indicated there was no ex parte communications, conflicts or bias. Mrs. Hart presented staff’s report. For the Annexation and Comprehensive Plan portion of the application, the subject property is located on the east side of Hansard Ave., south of Reeves Parkway at 611 N Hansard Ave. The proposed annexation area contains 4.96 acres of private property, and approximately 0.5 acres of public streets. All public utilities already exist in Hansard Ave., thus the site would be able to be fully serviced. The current comprehensive plan designation is Industrial, and the only corresponding zoning associated with that designation is Industrial, unless the comprehensive plan map is amended.

Surrounding properties are all within the City limits. To the north and west include properties zoned Industrial and include vacant or agricultural lands. Further south on Hansard is a large block of industrial uses, and a rail line used by the industrial uses. To the north, across Reeves Parkway is the Lowe’s distribution center. To the south and east include properties zoned Mixed Use and include the VA residential development and parking lot for the VA. In 2015, the City Council approved the Annexation and Comprehensive Plan Map Amendment for the property to the south on Hansard Ave. associated with the VA housing. The


designation of the subject property as Mixed Use would be consistent with the previous action. In addition, the proposed residential development, would be a compatible use for the adjoining VA housing to the east. The decision criteria for an annexation are found in the Lebanon Development Code: Chapter 16.26. Regarding findings, specific criteria are contained in the staff report and summarized as follows: the property lies within the urban growth boundary (UGB); land within the City limits is located to the north, south, east and west; being within the UGB the Comprehensive Plan recognizes this property as necessary to accommodate urban growth; and all utility services are provided in Hansard and able to be accessed by the site upon annexation. Lebanon Development Code, Chapter 16.27 contains requirements for map amendments, including both the Comprehensive Plan map and Zoning map. The staff report addresses applicable plan policies and concludes the request could comply with these policies. Of note: 1. For the Urbanization Criteria – The comprehensive plan requires the

management of lands within the City to make available sufficient land for various uses to ensure choices in the marketplace, and to encourage development within urban areas. According to the comprehensive plan there is a projected surplus of 580 to 762 acres of industrial-zoned property as well as a surplus of mixed-use properties of 188 to 267 acres. On balance, the loss of 4.96 acres of industrial-designated land will have no measurable impact nor will adding that amount for mixed use purposes.

2. For the Public Facilities Criteria - The site is fully serviced with sanitary sewer, water and storm water facilities and fronts along an improved public street.

3. Housing – the Comprehensive plan requires the opportunity to provide housing

variety, type and densities, and to provide open space opportunities where appropriate within a high-density residential development. The proposal to modify the Comprehensive Plan Map and the proposed development would allow for the increase in the housing stock for the City to provide for the population growth and increase the diversity of the housing stock.

Upon annexation the property is assigned a zone consistent with the Comprehensive Plan designation; if the annexation and comprehensive plan map amendment is approved, the designated zoning would be Mixed Use. Mrs. Hart continued to discuss the Administrative Review portion of the application. The applicant is proposing to construct a 102-unit apartment complex. The complex would be accessed via one driveway on Hansard Ave., and there would be an internal drive aisle to provide access to the required parking, as well as appropriate fire access.

The applicant is proposing to build a three-story product, with each building providing a total of 6-units, and some of the buildings being attached to each other. Open space is proposed in the center island created by the drive aisle, and would include a recreation building, pool, sports court, and passive open space.


The project as proposed meets the criteria set forth in Chapter 16.20 of the Lebanon Development Code. All buildings would meet the appropriate setbacks, the density is within the maximum thresholds permitted, and all parking and required open space has been provided. Mrs. Hart then presented a public communication provided prior to the meeting, and discussed conditions included in the project to address some of the items. Mrs. Hart summarized the letter: the writer believes the Hansard Ave. stretch should be reserved as industrial due to the significance of the corridor for the existing industrial uses, and there is already heavy industrial traffic on Hansard Ave., and the regular use of the rail line for the industrial businesses. The writer does not agree that the residential development would be compatible on the street due to the interacting between the industrial uses and residences.

Staff has incorporated two suggested conditions as associated with the proposal to address the concerns: 1. A disclosure form would be required to be incorporated in each of the rental

agreements for the property to ensure the residents understand the complex is located adjacent to industrial uses and there is an expectation of noise and traffic associated with the industrial operations.

2. A Traffic Impact Analysis will be required to identify any improvements to the transportation system associated with the project

Mrs. Hart concluded the presentation with a list of recommended actions, including: The Planning Commission evaluate the proposal and public testimony, and to determine whether to approve the project as proposed. It was also noted that the review process was a two-step application process, the Planning Commission would be making a recommendation to the City Council regarding the annexation and the comprehensive map amendment and making a decision on the Administrative Review. The decision on the administrative review would be contingent on the City Council’s decision on the annexation and comprehensive plan designation and is appealable to the City Council.

At the conclusion of staff’s report, Chairman Salvaged opened the discussion up for questions to staff from the Planning Commission. Commissioner Brown made a statement that there is a concern of converting unencumbered industrial property to residential as the majority of industrial properties are severely impacted with wetlands. Commissioner Robertson requested staff to expand on the identification of surplus industrial lands, and whether the acreage included the wetlands. Mrs. Hart confirmed that based on her understanding of the comprehensive plan, it was a straight consideration of designated industrial land, including the areas encumbered by wetlands. Seeing no additional questions, Chairman Salvage called up the Applicant for their


presentation. Mike Barnes from MRB Enterprises, Inc. introduced himself as the applicant. Identified that he believes the project is compatible with the area, especially the VA Housing to the east of his property and would be an improvement to the area. Commissioner McClain asked for clarification of the project scope, and the discrepancy in the public notification and the ultimate project. Mr. Barnes indicated that the original proposal was for 114-units, but Mrs. Hart identified the code compliance issues, and the project was amended in order to meet the code requirements, and he believes all the requirements have been met to this point. Chairman Salvage opened the public hearing to anyone else to speak in favor of the project. Seeing none, Chairman Salvage opened the hearing to anyone in opposition to the project. Sarah Stauffer Curtiss from Stoel Rives, LLP, representing Albany-Lebanon Investments, LLC and Western Warehousing LLC spoke in opposition to the project. A letter of opposition was provided, including exhibits. The letter was provided to some of the commissioners for review. The basis of the argument as identified by Mrs. Curtiss is that the Applicant failed to meet the burden of proof for the approval of the application. Specifically, the Applicant was required to submit a detailed narrative for how the project met the goals of the comprehensive plan, demonstrated a need for the change in plan designation, the identified need best served by granting the change request, and how the proposed change complies with the Statewide Planning Goals. Mrs. Curtiss further stated that the Application does not meet the goal of the Comprehensive Plan to preserve and protect lands designated for industrial uses from incompatible uses as required by the Comprehensive Plan. Commissioner Brackeen asked for clarification on her position. Specifically, it seems there is a clear need for housing in the City, and so the need is met, and that the property is not designated yet for industrial, so how could it already be determined to be an incompatible use. Mrs. Curtiss indicated that although it was not zoned Industrial, it was already designated as Industrial in the comprehensive plan, and so by changing the designation, you are creating an incompatibility. For the Housing item, Mrs. Curtiss indicated that there may be a need for housing, however, can that need not be met in other areas where the zoning already exists. Chairman Salvage recessed the meeting for ten minutes to allow the Planning Commissioners to review the letter of opposition. Upon reopening the hearing, Commissioner Salvage welcomed Mrs. Curtiss to continue her testimony.


Mrs. Curtiss summarized that her clients feel the burden of proof has not been met, that there is an incompatibility of use issue with the residents and the industrial uses, and there should be a protection of industrial sites from incompatible uses. Commissioner Galka requested clarification on the real issue, whether is was concern about traffic, functionality of the property, or something else. Mrs. Curtiss clarified her client’s position as a compatibility issue, traffic issue, and the desire to build out the industrial properties to the west in the future, and the development of the apartment complex would hinder that. Commissioner Brackeen indicated that if industrial development were going to occur on this site, or within the area, it would have been already been done. Mrs. Curtiss indicated that when people purchase property, they rely on their properties being designated a certain zoning designation, same with surrounding properties, so there is a valid concern that the City would be actively changing the designation in the area, thereby changing the dynamics of use of the properties. Chairman Salvage made a statement regarding industrial compatibility next to the VA Housing, and there should be a step down of industrial uses (light industrial) to buffer residential uses. Chairman Salvage opened the hearing up to anyone else that was opposed to the application. Grant Webster, US Supply Change Manager at Entek, Inc. provided verbal and written testimony in opposition to the project. Concerns stated include the heavy industrial and employee traffic on Hansard Ave. and the status of the current utility services and how the additional connections could impact their business. Specifically, Entek, Inc. has 10-15 trucks per day in and out of the facility, with 4-5 rail car swaps each day. There are 409 employees spread across 9 shifts creating employee traffic throughout the day. Introduction of residential traffic onto Hansard will have a negative impact on the freight system efficiency, access, capacity, and reliability. Mr. Webster continued to describe water pressure issues that he is currently working through with the City and is concerned that additional connections would further impact the water pressure, causing his business to have to shut down on an intermitted basis if the water pressure drops below 35 psi. Finally, with the failed wastewater system, it is unclear whether there is sufficient capacity. Jim O’Connell from Pennington Seed voiced opposition to the project based on the fact that Hansard is a designated truck route, and there is a serious safety concern issue for residents to intermingle with the truck traffic. Jacob Snodgrass, Albany Eastern Railroad Company, introduced himself and identified he was in opposition of the project.


City Attorney Kennedy interjected at this time to indicate an ex parte relationship with Mr. Snodgrass as he is also legal representation for the Albany Eastern Railroad Company. Mr. Kennedy indicated that although he represents the company, he had no knowledge of the company’s interest in this item and has not provided any legal counsel to the company on this matter. Mr. Snodgrass indicated that the railroad has serious safety concerns regarding adding residential traffic to the street. The Hansard Ave. crossing is considered a dangerous rail crossing, and the company logs on average at least one incident per month at the crossing. The most common incident is when a passenger vehicle is speeding down the road and hits the lowering rail crossing arm. Mr. Snodgrass discussed other highly impacted train crossings in the general vicinity that would also be impacted by the increased population the area would see with the development. Finally, the proposed rezoning would be located within one of the few “industrially-zoned” sections of the City, and Hansard Ave. is on of the most attractive locations for new industrial businesses in Lebanon, and the rezoning would take away the opportunities for further industrial growth and job creation. Mr. Snodgrass indicated that the rail is currently at capacity in this area, and any further development would likely require improvements to the rail crossings and infrastructure. A Commissioner asked for clarification on the capacity issue, and if improvements were required, who would pay for it. Mr. Whitlatch indicated that if improvements were needed, ODOT Rail would identify the required improvements, and then the cost and responsibility of improvements would likely fall on the rail company. Seeing no additional comments in opposition, Chairman Salvage welcomed the Applicant back for rebuttal. Mr. Barnes indicated he believes requiring a “right out” only from the complex may help alleviate some of the concerns regarding traffic. Mr. Barnes respectfully disagreed that the inclusion of an apartment complex on the street would negatively impact the industrial businesses or the ability for new industrial to occupy the properties across the street. Mr. Barnes indicated his displeasure for the comments from Mrs. Curtiss, and indicated his major concern is the VA Housing, and he does not want to see industrial going in next to the VA. City Attorney Kennedy indicated that Mr. Barnes has the opportunity to leave the record open to more formally address the comments presented by the opponents to the project. Mr. Barnes indicated he was not going to request that record stay open, and he wanted the Planning Commission to vote based on their opinion.


Chairman Salvage asked of Mrs. Hart whether it was appropriate for additional information be provided from the applicant to address the concerns, or whether there was sufficient support to move forward with the project. Mrs. Hart indicated that there is a demonstrated need for housing in the city, and the City is considered rent burdened, and providing additional apartments would provide for a lower rent option to the residents. There is also the compatibility issue with the VA property, and the apartments would be a more compatible use that an industrial use. The staff report provides a number of policies that the project supports within the Comprehensive Plan, and findings for approval could be met. However, in light of the opposition, it is reasonable to request the applicant to provide further support for the findings and a more robust narrative. Chairman Salvage closed the hearing to the public and conversed with the Planning Commission. A Commissioner requested information about the anticipated results of the Traffic Impact Analysis and how it would impact the project and the area. Mr. Whitlatch indicated it is not known at this time, but it is a possibility that the project may trigger the requirement for the signal at Reeves Parkway and Santiam Hwy. Whatever the results of the study, the Applicant would be required to make all public improvements prior to building construction. Seeing no additional comments, Chairman Salvage welcomed a motion. Commissioner Brown motioned to continue the public hearing to the September 18, 2019 Planning Commission to provide the applicant time to appropriately respond to the points of opposition. Chairman Salvage seconded the motion. The motion passed 7-0.

6. WORK SESSION - None 7. COMMISSION BUSINESS & COMMENTS

Mrs. Hart indicated that there would be two additional items for the September meeting, including a remand of File No. 19-05-35 back to the Planning Commission for further consideration of a revised plan for the project. In addition, a potential ordinance would be presented to the Planning Commission for the permitting and regulation of Food Truck Pods in the City.

8. ADJOURNMENT:

There being no further business, the meeting was adjourned at 8:15 pm.

[Meeting minutes prepared by Kelly Hart, Community Development Director]

of 2 Trees & Trails Meeting Minutes June 19, 2019

1. Call to Order – Chair Whitlatch called the meeting to order at 2:30 p.m. All members were present.

2. Introductions: New member Jennifer Puccio

3. Approval of Minutes – No corrections required, Grizzle motioned, Barnett seconded, to approve the May 22, 2019 Minutes.

4. Discussion:

BLT Letter to City, LCF, and Trees & Trails Committee: Sell went through a list of safety concerns BLT received after the last event at Cheadle Lake Park. The main concern was the trail was blocked at Weirich Drive, North to the pond and there were no signs to notify walkers of the closure. Williams stated we can not close the trail for events unless another access is assigned, this is due to grants we have received for the trail. Sell mentioned he spoke with someone from Land Water and Conservation and was now under the impression we can temporarily close the trail. Williams said a temporary closure is allowed for maintenance but for events alternate access must be provided as we receive many complaints when the trail is closed.

Public Comment: Scott Ingalls is an Event Coordinator assisting the Lebanon Community Foundation put on the Star-Spangled Celebration. Ingalls requested the trail at Cheadle Lake be temporarily closed for the Star-Spangled Celebration due to the potential danger to citizens, the trail is in the fall out zone for the fireworks. Ingalls stated with the requested closure the event would post proper signage to notify citizens. Ingalls also mentioned in the future paid events will want closure, due to containment, so the committee might want to think about that.

Grizzle asked if the City has a procedure for closing the trail and suggested creating a procedure for trail closure in the future for paid events. All events should presume the trail is open unless requested to close. Whitlatch mentioned the only time we close the trail is when Albany is working on the Canal or the City is doing trail maintenance, so we only have an internal policy for closures. Whitlatch suggested we create a map and standard closure requirements including signage requirements to standardize closures as not to put more work on the City. Williams would like to receive clarification on the wording of the grant before moving forward with future closures of the trail. The committee did agree to close the trail for the Star-Spangled Celebration and will work on future policies for requested closures.

Trees & Trails Advisory Committee Meeting Minutes

June 19, 2019

of 2 Trees & Trails Meeting Minutes June 19, 2019

Location of BLT Bike Racks: Sell stated there is eight remaining BLT bike racks and he would like to finish off the project and place them throughout the City. Diamantine suggested Mark Slough parking lot, entrance of Had Irvine, and Century Park. Williams would like a map put together of beneficial areas for the bike racks and then have the committee vote on placement. Shovel Ready: Sell asked Marks about the Albany Property, Marks has not received information back from Albany. The committee looked over the maps of the two – year trail priority plan; 1. City soccer fields (at Cheadle Lake) 2. River park to had Irvine park (west river trail section three) 3. Had Irvine to North Williams 4. Burkhart creek at 12th street section 5 Sell would like to apply for the Land and Water Conversation Fund grant that comes available January 2020. Sell stated we have been very successful with this grant in previous years. The committee aggreged its best to select one project off the two-year list for the grant, Burkhart creek at 12th Street Section 5 would be the best option. Williams would like to see the last piece at the Cheadle Lake soccer fields completed. A survey is required to find the exact property line and then an option could be to put the trail on City property vs. neighboring property. Williams would like to get all four projects on the list shovel ready, then use any funding that comes available to complete the projects over the two-years.

5. Master Plans / Policies:

Whitlatch provided an update on the Parks / Trails Master Plan and unfortunately this is not SDC eligible project, additional funding will be needed to make the update happen. The master plan is too much for staff to take on, but there are planned projects at this time that may provide leftover funding for the update. Whitlatch stated a master plan update is not required, but if we apply for grants our master plan can be no older than 5 years old and SDC eligible projects need to be current.

5. Public Comments: None

6. BLT Events:

July 13, 2019 at 8:00am Trail Tour by Pedego – Lebanon Community Hospital

August 1, 2019 at 9:00 am Trails Advisory Council Meeting – Lebanon Community Hospital

August 2, 2019 at 8:00 am Trail Tour by Pedego – Lebanon Community Hospital

7. A meeting was scheduled for September 18, 2019 (2:30 – 3:30 p.m.)

8. Whitlatch Adjourned the meeting at 3:30 p.m.

Council Minutes

Lebanon City Council Meeting Minutes – 9/11/19 Page 1 of 8

Council Present Mayor Paul Aziz, Councilors Jason Bolen, Robert Furlow, Rebecca Grizzle, Wayne Rieskamp, Karin Stauder and Michelle Steinhebel

Staff Present City Attorney Tré Kennedy, Interim City Manager Ron Whitlatch, City Clerk Kim Scheafer,

Police Chief Frank Stevenson, Economic Development Catalyst Alysia Rodgers, Community Development Director Kelly Hart and Finance Director Matt Apken

CALL TO ORDER Mayor Aziz called the Regular Session of the Lebanon City Council to order at 6:00 p.m. in the Santiam Travel Station Board Room and led in the Pledge of Allegiance.

ROLL CALL Roll call was taken with all Councilors present.

APPROVAL OF COUNCIL MINUTES Councilor Bolen moved, Councilor Grizzle seconded, to approve the August 14, 2019 Work & Regular Sessions and August 29, 2019 Special Meeting Minutes as presented. The motion passed unanimously.

CONSENT CALENDAR The Executive Session was removed from the Agenda. Councilor Bolen moved, Councilor Rieskamp seconded, to approve the Consent Calendar as amended. The motion passed unanimously.

AGENDA Lebanon City Council Agenda – September 11, 2019 APPOINTMENTS Arts Commission Chairperson – Leigh Matthews Bock

Planning Commission – Joshua Galka (Appointment from Alternate to Regular Member)

BID AUTHORIZATION “A” Street Sanitary Sewer Replacement Project BOARD MINUTES Arts Commission – June 17, 2019 Planning Commission – July 17, 2019 Senior & Disabled Services Advisory Committee – April 24, 2019

PROCLAMATION / PRESENTATION / RECOGNITION

Proclamation Mayor Aziz read the proclamations and declared September 16 to be American Legion Day, September 17-23 to be Constitution Week, and October 6-12 to be Fire Prevention Week.

Presentation Wetlands Mitigation Options, by ECONorthwest

Economic Development Catalyst Rodgers introduced Laura Marshall who showed a PowerPoint [available in Archives] of wetland mitigation options and tradeoffs for three large industrial parcels in the Lebanon urban growth boundary. Wetlands comprise 37%-77% of the 134.32 total acres. Options for wetland mitigation:

1. Wetland Mitigation Bank Credits – The current market price is about $90,000 per credit and there are only about 15 credits currently available within this service area for the next year or so. The cost for all 134 acres would be about $12 million. A benefit to this option is that the credits are available immediately.

2. On-site Mitigation – This recommended option depends on site configuration; there is no mitigation requirement if wetlands are not impacted. Wetlands can also be restored or enhanced towards mitigation.

LEBANON CITY COUNCIL MINUTES

September 11, 2019


This could be used in conjunction with Option 3. 3. Off-site Mitigation – This is usually used for agricultural land so would require more than (likely double)

134.32 acres. Based on agricultural land values, acquisition would be about $7,000 per acre and treatment costs would be another $7,000 per acre. This cost would total approximately $4 million (plus any administration and permitting costs). City land at the north end of town could generate 6-17 credits and would cost about $400,000.

Market conditions do not look favorable and costs are likely to increase. They believe a combination of strategies will be needed to perform mitigation for all three sites. Costs could be between $5 million and $20 million. Off-site mitigation would likely take at least 10 years before development could occur. Their six recommendations were:

1. Work with OCWCOG to encourage development of a regional bank and explore mechanisms for state funding.

2. Obtain Business Oregon Regionally Significant Industrial Site (RSIS) certification for at least one of the sites. RSIS is a tax reimbursement program for land preparation costs but there are some caveats.

3. Support efforts by Business Oregon to lower the income threshold for RSIS reimbursement to less than 150% of the average county or state wage.

4. Encourage more transparent pricing of mitigation banks and require reporting of per acre costs for permittee-responsible mitigation.

5. Have a long-time horizon. Consider development benefits relative to mitigation costs. 6. For off-site mitigation, consider adding recreational features to create a public asset that brings health,

environmental and quality of life benefits to the community.

Ms. Marshall confirmed for Mayor Aziz that having a wildlife area would fall under the sixth recommendation. The development time frame would still be about 10 years for the full acreage, but credits would be given on a schedule. An option could be to use one of the sites to mitigate for the other sites but there is the uncertainty about how many credits could be obtained.

PUBLIC COMMENTS

Jasper Burton, 1036 Kees Street, representing Lebanon marijuana dispensaries, stated that their calculations show that the City would receive approximately $29,000 more annually (from $144,000 to $173,000) if their shops were allowed to be open for the requested two additional hours.

Responding to Mayor Aziz’s question, Mr. Burton stated that this is a rough estimate based on their best days of sales. Finance Director Apken confirmed that current revenues received are in that range.

Anthony Zoglman expressed his concern about the lack of restrictions on cats, especially regarding their defecation on his property.

Councilor Grizzle sympathized and agreed that this is a huge problem throughout the country. The Council has had discussions about this in the past so she is not sure about a legislative answer.

Mayor Aziz commented that the biggest problem is trying to enforce cat regulations. Mr. Zoglman suggested that the fine be high enough to compensate for officers’ enforcement efforts. City Attorney Kennedy stated that some communities are limiting the number of cats, using licensing requirements, or adopting cat nuisance ordinances.

Council asked staff to bring back a recommendation to help resolve this issue.


Mr. Zoglman also brought up the nationwide problem of counterfeit service dogs. He asked that Lebanon adopt an ADI-approved service law as there are likely service responders in the City who are eligible to receive a service dog.

Cassie Cruze, Lebanon Downtown Association Main Street Manager, shared that their First Fridays event was a success. The date for downtown trick-or-treating will be moved from October 31 to the Saturday before to accommodate parents and participating merchants.

Councilor Bolen suggested that she contact ODOT to use their electronic reader boards for their Halloween event.

Bill Sullivan, 435 Carolina Street, shared a story about finding five-week old kittens in his woodshed and Linn County Dog Control saying that he was responsible because of their age.

Jaime Pickering, Aumsville, asked the Council, Police Chief and Fire Marshal their thoughts on the annual Pirate event. Councilor Bolen stated that, as Fire Marshal for the last three years, there has been a noticeable improvement in the planning and safety plans and they have done a good job to address his concerns. Police Chief Stevenson agreed that it has gotten better but he would like it to be safer.

Mr. Pickering shared that he may be back to speak with Council about some issues (drugs, sexual assaults). Councilor Stauder stated that she did not know why the City would continue to sanction something if this was an issue. Stevenson stated that there are issues anytime there is a large crowd and alcohol; it would be hard to pinpoint the Pirate Festival as being the problem. The Police Department staffs for these events, but this brings on overtime and staffing issues. Stevenson invited Mr. Pickering to make an appointment to speak with him.

Jodie DuBose, 1342 S. 7th Street, spoke about the amount of traffic and speeding on S. 7th Street between C and D Streets.

Stevenson told her about the radar check-out program and suggested that she call the Police Department.

PUBLIC HEARING

1) Annexation: Gary Hodgson/Cindy Phelps (PF #19-07-48)

City Attorney Kennedy read the public hearing quasi-judicial procedures posted on the walls. Mayor Aziz opened the Public Hearing at 7:00 p.m. There were no objections from the audience to the notice sent out in this case or to the jurisdiction of this body to hear and consider this case; and no declarations of ex parte contact or conflicts of interest by any Council member.

Community Development Director Hart requested Council approval of an annexation request for three lots at 630, 636 and 660 W. B Street, along with a portion of B Street. The area contains 2.91 acres of private property and approximately 0.39 acres of public street. The land is located within the Lebanon urban growth boundary, is adjacent to City limits, and will be assigned the corresponding Residential Mixed Density zone upon annexation. There are no public utilities extended to the site but there are utilities capable of being extended from 7th Street. There is currently no development proposal associated with the annexation. The Planning Commission found that


the application complies with the Development Code decision criteria and voted unanimously to recommend Council approval of the application.

Hearing no applicant testimony or comments in favor of the application, Mayor Aziz asked if anyone would like to speak in opposition.

Jodie DuBose, 1342 S. 7th Street, stated that she is not totally against it but asked why certain properties in the original application are being left out of the annexation.

Hart stated that it could be a utility corridor or a separate property, but the application is for the property metes and bounds currently proposed. Mayor Aziz stated that he understands her concern, but this does not have to do with the proposed annexation. Interim City Manager Whitlatch stated that he can obtain copies of the survey and will help her to find out what is going on.

Anders Blicher, 1342 S. 7th Street, shared that they have had sewer issues and asked how the subject properties are getting slope because the manhole is only 18 inches deep. Whitlatch stated that there is deeper sewer service on 9th Street. Mr. Blicher expressed concern about traffic and asked what is allowed in the Residential Mixed Density zone.

Hart stated that apartments or duplexes would be permitted outright subject to an Administrative Review; this process would include public notification.

Hearing no further comments, Mayor Aziz closed the Public Hearing at 7:12 p.m. Kennedy read the title of ORDINANCE BILL NO. 2019-10, ORDINANCE NO. 2933. Councilor Rieskamp moved, Councilor Stauder seconded, to APPROVE ORDINANCE BILL NO. 2019-10, ORDINANCE 2933, A BILL FOR AN ORDINANCE ANNEXING AND ZONING PROPERTY FOLLOWING CONSENT FILED WITH THE CITY COUNCIL BY LANDOWNERS IN SAID AREA PURSUANT TO ORS 222.120 AND ORS 222.170. FILE 19-07-48; GARY HODGSON/CINDY PHELPS. The motion passed unanimously.

REGULAR SESSION

2) Westside Sewer Deficiency Zone Policy Change for Existing Infrastructure

Whitlatch provided background and reviewed analysis of the existing sewer system – there is additional capacity for sanitary sewer during dry weather flows; inflow and infiltration (I&I) is the root cause to capacity issues during a significant rain event. He spoke about steps being taken to address the I&I issue:

• A loan application for $14 million was submitted to DEQ to fund construction. Staff is fairly confident in being able to do the first phase ($9 million) to Walker Road.

• Engineering and Maintenance have been investigating the existing sewer system to determine locations of leaks. City crews will be making the repairs as leaks are identified. $500,000 has been reallocated to fund the repairs.

Based on timelines of development and efforts to address the existing issue, staff presented two options moving forward:

Option 1 (low/medium risk) – maintain the existing Sewer Deficiency Zone and Policy to not allow any new connections to the existing sewer. This option would be supported by the Lebanon Development Code and the concerns previously raised by DEQ.


Option 2 (medium risk) – authorize new connections for properties that are able to access the existing sewer system. There remains a risk of sewer overflow during significant or a prolonged rain event.

Based on the steps taken to address and implement the improvements, and the modified maintenance plan to address I&I in the existing sewer lines, staff recommended Option 2 to resume connections to the existing main line, if it is determined to be within an acceptable risk level.

Responding to Councilor Bolen’s question, Whitlatch stated that the fine for sewer overflow depends on what it impacts. The Heather Estates Subdivision would be an area that may be impacted, but additional connections will probably not make much of a difference.

Councilor Bolen asked if approval would be done on a case by case basis. Whitlatch stated that any development that complies with existing zoning should be able to be accommodated within the existing sewer system.

Councilor Rieskamp asked when the risk level will be reduced. Whitlatch stated that it will take some time, but the City should be okay until lines are diverted.

Councilor Grizzle moved, Councilor Rieskamp seconded, to RESUME CONNECTIONS TO THE EXISTING MAIN LINE, IF IT IS DETERMINED TO BE WITHIN AN ACCEPTABLE RISK LEVEL. The motion passed unanimously.

3) City Council Order for Planning File 19-05-35

Hart presented the City Council Order to remand Planning File No. 19-05-35 back to the Planning Commission for further proceedings at a new advertised public hearing.

Councilor Stauder moved, Councilor Furlow seconded, to APPROVE ORDER 19-05-35. The motion passed unanimously.

Mayor Aziz called for a five-minute recess. Mayor Aziz temporarily adjourned as the Lebanon City Council and convened as the Lebanon Urban Renewal Agency.

4) Approving an Agreement between ENTEK International, LLC and the City of Lebanon to Fund Water Booster Pump

Whitlatch spoke about ENTEK’s issues with water pressure drops primarily due to turning the finish water pumps off at the new water treatment plant (although they are well within Oregon Health Department standards). Since ENTEK’s system was designed based on the old water plant’s pressure values, staff is proposing to pay for the installation of a private booster pump as the best and most economical solution. This one-time payment for the installation, labor and materials is not to exceed a price of $50,000 and will be paid for with Northwest Urban Renewal District funds.

In response to Councilor Rieskamp’s question about the timeline, Whitlatch stated that ENTEK will be doing the installation.

Councilors Stauder and Grizzle agreed that ENTEK is a good community partner and employer.

Kennedy read the title of RESOLUTION NO. 2019-25. Councilor Grizzle moved, Councilor Stauder seconded, to APPROVE RESOLUTION NO. 2019-25, A RESOLUTION APPROVING AN AGREEMENT BETWEEN ENTEK INTERNATIONAL, LLC AND THE CITY OF LEBANON TO FUND WATER BOOSTER PUMP. The motion passed unanimously.


5) Budget Appropriation Transfers (NW Lebanon Urban Renewal Agency)

Apken presented a resolution for a contingency transfer of $50,000 to materials and services for the ENTEK International, LLC agreement just approved by Council. The fund balance will be approximately $1.4 million.

Kennedy read the title of RESOLUTION NO. 2019-26. As the Lebanon Urban Renewal Agency, Councilor Grizzle moved, Councilor Rieskamp seconded, to APPROVE RESOLUTION NO. 2019-26, A RESOLUTION AUTHORIZING A CONTINGENCY TRANSFER OF APPROPRIATIONS TO THE NORTHWEST LEBANON URBAN RENEWAL DISTRICT’S 2019-20 BUDGET. The motion passed unanimously.

Mayor Aziz adjourned as the Lebanon Urban Renewal Agency and reconvened as the Lebanon City Council.

6) Budget Appropriation Transfers (City of Lebanon)

Apken presented a resolution for a budget appropriation transfer of $100,000 received for property rental from the Strawberry Festival Board for park improvements and $29,667 for a pass-through grant for the South Santiam Watershed.

Whitlatch stated for Mayor Aziz that the grant was for watershed work.

Kennedy read the title of RESOLUTION NO. 2019-27. As the Lebanon Urban Renewal Agency, Councilor Rieskamp moved, Councilor Stauder seconded, to APPROVE RESOLUTION NO. 2019-27, A RESOLUTION AUTHORIZING AN INCREASE IN BUDGET APPROPRIATIONS TO THE CITY OF LEBANON 2019-20 BUDGET. The motion passed unanimously.

7) Changing Dispensary Operating Hours

Hart presented her staff report for changing dispensary operating hours that included background, current regulations, results of a survey of nine surrounding cities, and options for the Council to consider.

Responding to Mayor Aziz’s question, Stevenson indicated that there have been no issues with the dispensaries.

Councilors Stauder, Bolen and Rieskamp commented that they do not see any negative issues with this. Councilor Steinhebel stated that she appreciates the research done; she is also in favor of expanding the hours.

Councilor Stauder asked for the reasoning behind closing at 8:00 p.m. Kennedy stated that the Council was trying to regulate as much as possible because there were still a lot of concerns about how this would affect the community. Councilor Grizzle added that some on the Council were trying to prevent dispensaries from coming to Lebanon. Stevenson stated that the Alcohol Impact Enhanced Enforcement Area ordinance can be used to exclude people from downtown, if issues arise. He would also inform the Council of any problems.

Kennedy read the title of ORDINANCE BILL NO. 2019-09, ORDINANCE NO. 2932. Councilor Grizzle moved, Councilor Rieskamp seconded, to APPROVE ORDINANCE BILL NO. 2019-09, ORDINANCE 2932, A BILL FOR AN ORDINANCE AMENDING SECTION 5.18.60 OF THE LEBANON MUNICIPAL CODE, CONCERNING HOURS OF OPERATION FOR RETAIL MARIJUANA BUSINESSES. The motion passed unanimously.

8) PEAK Franchise Agreement

Apken requested Council approval of an ordinance accepting the franchise agreement with Casco Communications, Inc. dba PEAK Internet.


Kennedy remarked that the law firm, Baller Stokes & Lide, PC, did a really good job. It will be helpful to have a consistent format with all franchises.

Apken explained for Councilor Stauder that franchise agreements allow companies to have facilities in the public right-of-way and allows the City to stipulate certain things. Kennedy added that this is a non-exclusive franchise but there are sometimes exclusive franchises.

Apken explained to Councilor Furlow and Mayor Aziz that there is no automatic renewal or price in the agreement.

Kennedy read the title of ORDINANCE BILL NO. 2019-11, ORDINANCE NO. 2934. Councilor Grizzle moved, Councilor Bolen seconded, to APPROVE ORDINANCE BILL NO. 2019-11, ORDINANCE 2934, A BILL FOR AN ORDINANCE ESTABLISHING A NON-EXCLUSIVE FRANCHISE FOR CASCO COMMUNICATIONS, INC. dba PEAK INTERNET. The motion passed unanimously.

9) City Manager’s Report – Whitlatch provided updates:

Santiam Travel Station Television – IT Director Hurst is working on obtaining a new 80-inch TV screen.

Council iPads – The Council should be receiving new iPads in January.

Facilities Master Plan – Whitlatch recommended postponing the public input session (on the new City Hall appearance) until it is closer to becoming a true vision. The Council had no objections.

Parks SDC Funds – It was determined that SDCs cannot be used for several projects. Funds for Century Park improvements will have to come out of the General Fund. The Academy Square landscaping project (sidewalks and lighting) will be eliminated. Siting City Hall on Academy Square may impact this infrastructure so it would not be wise to put money into this now.

HR Director Recruitment – Two or three candidates will be interviewed tomorrow.

Downtown Trees – There were many complaints about the tree removals, according to Maintenance Services Director Williams.

In response to Councilor Rieskamp’s question, Whitlatch stated that it will be awhile before replacement trees are planted. He will find out if the lighting will be ready for the holidays.

ITEMS FROM COUNCIL

• Staff will check on renegotiating the Republic Services franchise agreement. • Council requested notification to residents of the adopted Ordinance regarding trash receptacle

entering/interference restrictions. Council directed staff to work with Republic Services to include an informational flyer in their billing.

• Council requested an update from the Homeless Liaison at an upcoming Council Meeting. Stevenson shared that the plan to hand this off to another organization (because issues can arise from this being run by a police department) did not come to fruition, so they are exploring other avenues.

• The Fire District Meet & Greet for five Fire Chief candidates will be held on September 16 from 6:00-8:00 p.m.

• Councilor Bolen thanked Hart for including information from the Economic Development Catalyst in the City Manager’s Report.

• The Mayor and Council expressed appreciation to Whitlatch and all of City staff for stepping up and doing a great job.


PUBLIC COMMENTS There were none.

ITEMS FROM PRESS There were no questions or comments.

NEXT SCHEDULED COUNCIL MEETING(S) October 9, 2019 – Regular Session (6:00 p.m.) November 13, 2019 – Regular Session (6:00 p.m.)

10) Gary Marks’ Severance Agreement

Kennedy recommended that the Council offer the severance agreement and full release to former City Manager Gary Marks. It is based on requirements in Marks’ employment contract. The agreement complies with federal law; CIS was consulted during the process. Marks has chosen that his severance be in six equal payments, as opposed to a lump sum.

Kennedy confirmed for Councilor Grizzle that this meets the minimum requirements of Marks’ contract and nothing more. Councilor Furlow asked if Marks reviewed the agreement. Kennedy stated that it was sent to Marks today, but it is not really a negotiation.

Kennedy assured Councilor Bolen that the Mayor and Council are considered in the release clause (Item 3), especially since CIS, who would be defending the agreement, has also reviewed it.

Councilor Furlow moved, Councilor Rieskamp seconded, to OFFER A SEVERANCE AGREEMENT AND FULL RELEASE TO FORMER CITY MANAGER GARY MARKS. The motion passed unanimously.

ADJOURNMENT Mayor Aziz adjourned the meeting at 8:13 p.m.

[Minutes prepared by Donna Trippett]

Minutes Approved by the Lebanon City Council on this 9th day of October 2019.

Paul R. Aziz, Mayor Jason Bolen, Council President ATTESTED: Kim Scheafer, MMC, City Clerk

R.O.W. Dedication

Presentation/Proclamation/Recognition

Introduction

Angela Solesbee, Human Resources Director

Presentation

Annual Risk Report for FY 2018/19

Barker-Uerlings Insurance

Agenda Item 1

925 S. Main Street Lebanon, Oregon 97355 TEL: 541.258.4918 www.ci.lebanon.or.us

Engineering Services

I. INTRODUCTION

On September 11, 2019 City Council authorized City Staff to advertise the ‘A’ Street Sanitary Sewer Replacement Project for bids. The bid opening for the project is October 8, 2019. City Staff will present the results of the bid opening and recommendation for the award at the City Council Meeting on October 9, 2019.

To: Mayor Aziz and City Council

From: Ron Whitlatch, Engineering Services Director

Subject: Approval to Award Project – Place Holder Memo ‘A’ Street Sanitary Sewer Replacement Project No. 19710

Date: October 1, 2019

Agenda Item 2

STANDARD TERMS AND CONDITIONS FOR AGREEMENT TO PROVIDE CONSULTING SERVICES TO THE CITY OF LEBANON, OREGON

NEW STORM DRAINAGE MASTER PLAN PROJECT NO. 19704

ARTICLE I: SCOPE For consideration set forth in Article V, the firm of David Evans and Associates, Inc, a professional engineering firm, hereinafter referred to as the CONSULTANT, agrees to provide engineering services to the City of Lebanon, Oregon, a municipal corporation, hereinafter referred to as the CITY, for the Services described in Attachment A, which is hereby incorporated into this agreement by this reference as if fully set forth at this point. Unless modified in writing as set forth in Article II by the parties hereto, the duties of the CONSULTANT and the CITY shall not be construed to exceed those services and duties specifically set forth in the agreement. ARTICLE II: MODIFICATIONS The CITY and the CONSULTANT shall not make modifications in the attached exhibit or these Standard Terms and Conditions except in writing as an amendment to the agreement. Said modifications shall be agreed to by both parties, with the scope of work, schedule, and compensation to be negotiated at the time the modification is proposed by either party. Modifications which do not meet these requirements shall not be binding, and no further compensation will be allowed for any work performed. ARTICLE III: RESPONSIBILITIES OF THE CONSULTANT A. Notice to Proceed: The CONSULTANT will not begin work on any of the duties and services

listed in Article I until the CITY directs in writing to proceed. Authorization to proceed on additional services not defined in Article I shall be in the form of an amendment as defined in Article II.

B. Level of Competence. The CONSULTANT is employed to render professional services and shall

be responsible, to the level of competence presently maintained by other practicing professional engineering firms in good standing and engaged in the same type of professional services, for the technical adequacy and accuracy of designs, drawings, specifications, documents, and other work products furnished under this agreement.

C. Access to Records. The CONSULTANT agrees to preserve and maintain for at least three years

after final payment under this contract, any directly pertinent books, documents, papers and records generated by or provided to the CONSULTANT in the course of the performance of his duties under the terms of this contract. The CONSULTANT further agrees that the CITY, or any of its duly authorized representatives, shall, during said period, have access to and the right to audit, examine, and reproduce such records and further agrees to include the above provision in all subcontracts.

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D. Ownership of Documents. Upon completion of this agreement, all data, drawings and documents, including digital information, shall become the property of the CITY. The CITY will exercise discretion in any re-use of said documents and agrees to hold harmless the CONSULTANT for any application of documents for any purpose other than the originally intended use.

E. State or Federal Requirements. The CONSULTANT covenants and agrees to comply with all of

the obligations and conditions applicable to public contracts pursuant to ORS 279A.010, et seq, as though each obligation or condition were set forth fully herein. In addition, if the contract identified above calls for a public improvement as that term is defined by ORS 279A.010(1)(cc), the CONSULTANT further agrees to comply with all obligations and conditions applicable to public contracts for public improvements pursuant to ORS 279A.010(1)(aa) as though each obligation or condition were set forth fully herein. In addition, the CONSULTANT covenants and agrees that in the performance of its duties hereunder, it will comply with all other state and federal requirements applicable to the CITY for projects of the type in question.

The CONSULTANT, its subconsultants, if any, and all employers working under this agreement

are subject employers under the Oregon Worker’s Compensation Law and shall comply with ORS 656.017, which requires them to provide worker’s compensation coverage for all their subject workers.

ARTICLE IV: RESPONSIBILITIES OF THE CITY A. Authorization to Proceed. The CITY shall authorize the CONSULTANT in writing to proceed

prior to the CONSULTANT starting work on any of the services listed in Article 1. B. Access to Records, Facilities and Property. The CITY shall comply with reasonable requests

from the CONSULTANT for inspection or access to the CITY’s records, facilities, and properties. C. Timely Review. The CITY shall examine all studies, reports, sketches, drawings, specifications,

proposals, and other documents presented by CONSULTANT, obtain advice of an attorney, insurance counselor, accountant, auditor, and other consultants as the CITY deems appropriate for such examination and render in writing decisions pertaining thereto in a timely manner so as not to unreasonably delay the services of the CONSULTANT.

ARTICLE V: COMPENSATION The CITY agrees to pay for the services in Article I in accordance with the compensation provisions in this agreement. As consideration for providing the engineering services as defined in the Scope of Work (Attachment A) and herein, the CITY will pay the CONSULTANT for actual hours worked by position or crew, and for office and field supplies, at the applicable rate as listed in Attachment A. There will be no compensation for the operation of company owned vehicles. Compensation for other direct expenses will be at cost plus 10%. The total compensation for all services shall not exceed a total of $296,535.00 without prior written authorization from the CITY. Payment will be made within 30 days after the receipt of billing for each service rendered during the month. If payment is not made within 30 days, interest on the unpaid balance will accrue beginning on the 31st day at the rate of one percent (1%) per month or the maximum interest rate permitted by law, whichever is less. Such interest is due and payable when the overdue payment is made, unless delay

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in payment is due to a contested billing. The CITY has the right to appeal or ask for clarification on any CONSULTANT billing within 30 days of receipt of billing. Until said appeal is resolved or clarification is accepted, no interest will accrue on that portion of the billing. In the event of a contested billing, only that portion so contested shall be withheld, and the undisputed portion shall be paid in accordance with the Article V. ARTICLE VI: INDEMNIFICATION The CONSULTANT agrees to indemnify, defend, and hold harmless the CITY, its agents, officers and employees, from and against any and all liability, claims, suits, loss, damages, costs, and expenses arising out of or resulting from the negligent or intentional acts, errors, or omissions of the CONSULTANT, its officers, employees, or agents. ARTICLE VII: INSURANCE During the life of this agreement, the CONSULTANT shall maintain the following minimum insurance requirements: A. Commercial General Liability on an Occurrence Form providing not less than $1,000,000 per

occurrence for bodily injury and property damage with not less than a $1,000,000 General Aggregate. The CITY, its agents, officers and employees shall be listed as an “Additional Insured” as respects this Agreement.

B. Automobile Liability coverage providing not less than a $1,000,000 per occurrence limit for any

owned, non-owned or hired autos.

C. Workers’ Compensation insurance as required by Oregon Revised Statutes and including Employers’ Liability insurance with limits not less than $500,000.

D. Professional liability insurance with a limit not less than $100,000 per incident and $300,000

aggregate. The CONSULTANT shall furnish to the CITY Certificates of Insurance showing all the coverage listed in this Agreement. Each certificate shall provide 30 days notice of cancellation. ARTICLE VIII: ASSIGNMENT This agreement is to be binding upon the heirs, successors, and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other, which shall not be unreasonably withheld. No assignment of this agreement shall be effective until the assignee assumes in writing the obligations of the assigning party and delivers such written assumption to the other original party to this agreement. Use of subconsultants by the CONSULTANT or subsidiary or affiliate firms of the CONSULTANT for technical or professional services shall not be considered an assignment of a portion of this agreement, and the CONSULTANT shall remain fully responsible for the work performed, whether such performance is by the CONSULTANT or subconsultants. No subconsultants shall be used without the written approval of the CITY.

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Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than CITY and CONSULTANT. ARTICLE IX: INTEGRATION These terms and conditions and the agreement to which they are attached represent the entire understanding of the CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. The agreement may not be modified or altered except in writing as specified in Article II. ARTICLE X: SUSPENSION OF WORK The CITY may suspend, in writing, and without cause, all or portion of the work under this agreement. The CONSULTANT may request that the work be suspended by notifying the CITY, in writing, of circumstances that are interfering with the progress of work. The CONSULTANT may suspend work on the project in the event the CITY does not pay invoices when due. The time for completion of the work shall be extended by the number of days work is suspended. In the event that the period of suspension exceeds 90 days, the terms of the agreement are subject to renegotiation and both parties are granted the option to terminate work on the suspended portion of the project, in accordance with Article XI. ARTICLE XI: TERMINATION OF WORK The CITY may terminate all or a portion of the work covered by the agreement for its convenience. Either party may terminate work if the other party fails to substantially perform in accordance with the provisions of the agreement. Termination of the agreement is accomplished by 15 days’ prior written notice from the party initiating termination to the other. Notice of termination shall be delivered by certified mail with receipt for delivery returned to the sender. In the event of termination, the CONSULTANT shall perform such additional work as is necessary for the orderly filing of documents and closing of the project. The time spent on such additional work shall not exceed 10 percent of the time expended on the terminated portion of the project prior to the effective date of termination. The CONSULTANT shall be compensated for work actually performed prior to the effective date of termination plus the work required for filing and closing as described in this Article. If no notice of termination is given, relationships and obligations created by this agreement shall be terminated upon completion of all applicable requirements of this agreement. ARTICLE XII: FORCE MAJEURE Neither the CITY nor the CONSULTANT shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other’s employees and agents. ARTICLE XIII: DISPUTE COSTS In the event either party brings action to enforce the terms of this agreement or to seek damages for its breach, or arising out of any dispute concerning the terms and conditions hereby created, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs, and expenses, incurred therein, including such costs and fees as may be required on appeal.

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ARTICLE XIV: COURT OF JURISDICTION The laws of the State of Oregon shall govern the validity of this agreement, its interpretation and performance, and other claims related to it. Venue for litigation shall be in Linn County, Oregon.

DAVID EVANS AND ASSOCIATES, INC.: CITY OF LEBANON, OREGON:

Date:

Date:

By: By:

Print Name: Print Name: Paul R. Aziz

Title: Title: Mayor

Mailing Address:

Date:

By:

Phone: Print Name: Ron Whitlatch

Fax: Title: Engineering Services Director

APPROVED AS TO FORM Corporation Tax No. (If Incorporated)

By:

Print Name: John E. Kennedy

Title: City Attorney

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ATTACHMENT A

SCOPE OF WORK/STANDARD BILLING RATES

2100 Southwest River Parkway Portland Oregon 97201 Telephone: 503.223.6663 Facsimile: 503.223.2701

September 20, 2019

Mr. Ron Whitlatch City of Lebanon Engineering Services Director/City Engineer 925 Main Street Lebanon, Oregon 97355

RE: Revised Storm Drainage Master Plan Project Scope and Fee Estimate

Dear Mr. Whitlatch,

Thank you again for the opportunity to continue our relationship with the City of Lebanon through the development and delivery of the City of Lebanon Storm Drainage Master Plan Project (Project).

Based on your review of our draft scope and fee estimate, and comments provided during our conference call on Monday, September 16, 2019, I am pleased to present the following revised scope of work for your review and approval.

UNDERSTANDING It is our understanding that the City of Lebanon (City) wishes to update their 1989 Storm Drainage Master Plan. This scope of work has been developed in support of this effort and to help meet the City’s primary goals, as listed below:

1. Analyze the City’s existing stormwater system capacity to identify potential capacity deficiencies and identify system improvements that would improve capacity of the existing system.

2. Analyze the City’s future stormwater system needs, to identify potential capacity deficiencies, given proposed development scenarios (future development), and identify system improvements that would improve capacity under future development scenarios.

3. Developed a Capital Improvement Plan (CIP) with a prioritized list of projects that address stormwater system deficiencies (existing and future), including timeline to complete projects, planning level project costs and an analysis of funding mechanisms and utility rates for recommended stormwater projects.

The following scope of work outlines the required tasks and deliverables associated with meeting these goals and providing the City with an updated Storm Drainage Master Plan. SCOPE OF WORK Task 1: Project Management, Administration and Meetings DEA will perform project management, coordination and contract administration related to the execution of this scope of work. Work for this task includes managing project scope, schedule and budget, and providing monthly invoices and status reports. This task also includes the project quality management plan, quality control practices, and implementation of quality reviews of project deliverables prior to submittal.

City of Lebanon Storm Drainage Master Plan

Scope of Work

David Evans and Associates, Inc. 2 September 20, 2019

DEA will initiate the project with a kick-off meeting with the City to define the project basis of planning, establish goals and objectives, project extents, and critical success factors consensus. DEA staff will accompany City staff on an initial, high level, site visit to key areas of concern identified by the City.

Assumptions:

Project duration is twelve (12) months (assuming no flow monitoring required) One project kick-off meeting and initial site visit (combined). The meeting will be held at the

City’s offices and attended by up to three DEA project staff (anticipated combined time of meeting and site visit is 8 hours, including travel time).

Project meetings include up to 20 conference calls, 1 to 2 hours each, throughout the duration of the project.

Deliverables:

Monthly project invoices and progress reports for the duration of the project Meeting summary notes (emailed) Summary memo of kick-off meeting and basis of planning, goals/objectives and project success

factors (emailed PDF)

Task 2: Stormwater System Background & Data Gap Analysis DEA will develop an understanding of the City stormwater system by reviewing City provided information. Anticipated City information includes but may not be limited to the following:

Existing 1989 Storm Drainage Master Plan Relevant as-builts Previous studies Geotechnical information, including soil characteristics and water table depths Available GIS data (including stormwater pipe diameter and invert information) Maintenance records Future development plans (comprehensive plan, zoning information, etc.)

DEA will meet with City staff with knowledge of the stormwater system, historic flood events and problem areas. In coordination with staff discussions, DEA will walk, observe and photo catalogue points of interest based on interviews and data collection. DEA has allowed for one day for detailed site investigation. Prior to the site investigation DEA will identify sites of interest that may require private property access. City staff will facilitate property entry approvals prior to the scheduled investigation and provide access at the time of the visit. Following the completion of a review of the above-mentioned documents and site investigation, DEA will provide the City with a list of missing data and provide a suggestion on how to collect it. The City may decide to move forward without additional information.

Assumptions:

The City will provide all documents prior to the site investigation. The City will facilitate property entry access as needed. The site investigation will be attended by up to two (2) DEA project staff (anticipated combined

time of City staff interviews and site investigation is 10 hours, including travel time).


Scope of Work


Deliverables:

Summary memo of City staff interviews and data gaps, including an approach to acquire missing data (emailed PDF)

Task 3: Stormwater Drainage Model and Analysis DEA will develop new XPSWMM drainage models as defined within this scope of work and based on available information provided in Task 2. Models will be developed for the following watersheds within City limits: Lebanon-Albany Canal, South Santiam River, Oak Creek and Little Oak Creek, Cox Creek, Crown Creek, Burkhart Creek and Marks Slough. Models for existing conditions and future build-out conditions will be developed for each of the identified watersheds. Model development is described as follows:

Develop hydraulic models using City provided GIS data. The models will include all stormwater sewers and culverts where invert elevations and pipe diameter are provided. Smaller diameter pipes, under 12-inches, will only be added to the system if determined to be critical to meeting the agreed upon project objectives. Ditches will be added to the model to connect critical infrastructure. Existing LiDAR will be used to establish ditch cross sections. The Santiam River and Canal will not be included in the modeling effort other than to establish boundary conditions. This task will establish hydraulic parameters including manning’s roughness values, and entrance and exit losses.

Develop basin hydrology using City provided data and relevant data found in Task 2 above. Complete basin delineation for existing and future conditions. Determine hydrologic parameters including infiltration values, time of concentrations, impervious area, and curve numbers for readily available information. Future build-out conditions will match the zoning established by the City’s comprehensive plan.

Establish boundary conditions. Existing stream gages will be used for the Santiam River and Albany-Lebanon Canal. Upstream basins will be delineated for areas outside City limits as a single basin.

The completed models will be run for the following events using the Santa Barbara Urban Hydrograph method: 2-, 10-, 25-, 50- and 100-year, 24-hour, Type IA storm events.

Model verification will be limited to approximate comparisons based on anecdotal observations from City staff (a historic storm will not be modeled).

DEA will use the hydraulic models to evaluate the potential of removing the Burkhart Creek detention facility.

DEA will review opportunities to divert stormwater from the Albany-Lebanon Canal (including potential diversion to the Santiam River).

Assumptions:

The City will provide GIS data on the existing stormwater system to be included in the model. GIS data will include the following:

Manholes and inlets: rim elevations, lowest invert elevations Pipes: diameters, inlet invert elevations, outlet invert elevations, lengths, condition,

material The City will provide missing data as agreed upon in Task 2 Smaller lateral connections will not be included in the model. Precipitation depth for standard storm events will be provided by the City City staff will provide areas anticipated for development, redevelopment and zoning forecasts


Scope of Work


Deliverables:

None with this task (model results will be provided with the Storm Drainage Master Plan – Task 6).

Task 4: Stormwater CIP with Prioritized Projects and Funding Analysis DEA will prepare a Stormwater Capital Improvement Plan (CIP) to assist the City in understanding system deficiencies and improvements needed to meet the outlined objectives in Task 1. The plan will identify and prioritize projects, planning level construction costs, and implementation schedule. Additionally, DEA will provide a review and analysis of funding mechanisms for recommended stormwater projects. This will include recommendations related to the City’s drainage utility fund. DEA will take the following steps to refine and prioritize potential projects for the City:

Recommend conveyance performance design criteria. Use the hydraulic models developed in Task 3 to identify capacity limited locations and

categorize them into projects based on the performance criteria for the existing conditions model. Use the hydraulic models developed in Task 3 to identify capacity limited locations and

categorize them into projects based on the performance criteria for the future conditions model. Develop “high level” conceptual cost estimates for each identified project. Cost estimates will

include construction and engineering costs. Estimates will not include permitting costs and property acquisition costs. Costs will be based on Engineering News-Record (ENR) costs.

Prepare three tiers of projects to meet City objectives including; o List of low cost/risk and high benefit/return projects which are sole source or City crew

projects (up to 5) o Potential CIP Projects (up to 20) o Project lists requiring further investigation and funding considerations (up to 3)

The prioritization matrix and selection parameters will be coordinated with City staff and will include at a minimum; “high level” conceptual project cost, potential property acquisition, impact extent, environmental considerations, operations and maintenance considerations and community concern.

Recommend the top CIP projects to develop further into project summaries. Project summaries will include; a project name, a project identification number, concept figure, project summary description, project rational, conceptual pipe sizing and structure summary list, total estimated project cost, per project length cost, and operation and maintenance requirements.

Complete a funding analysis and implementation strategy to assist the City in establishing the funding mechanism and utility rates to meet their goals.

Assumptions:

CIP document is anticipated to be 20 pages or less (not including CIP project summary sheets) and will be integrated into the Storm Drainage Master Plan (Task 6)

This task will not include property and permitting costs Top CIP projects will be limited to not more than 10-15 projects

Deliverables:

Draft and Final Capital Improvement Plan (emailed PDF) including: o Performance criteria summary o Project prioritization lists


Scope of Work


o Project cost estimate spreadsheet o CIP project summaries o Funding analysis and implementation strategy

Task 5: Guidelines for Storm Drainage Facility Planning within Development Sites DEA will review and recommend stormwater quality and design standards to assist with the stormwater planning and development. Additionally, as part of this task, and resulting memo, DEA will provide Best Management Practices (BMP) recommendations for infrastructure maintenance. Recommendations will be based on conservations with City staff on the type of issues experienced by the City and standard practices.

Assumptions:

City will provide anecdotal information on existing maintenance issues BMP recommendations will be included as part of the stormwater guidance memo Memo deliverables are anticipated to be 5 pages or less

Deliverables:

Draft and Final stormwater guidance memo for site development (emailed PDF)

Task 6: Storm Drainage Master Plan DEA will prepare a comprehensive Storm Drainage Master Plan detailing the methodology, assumptions and findings of the above listed tasks. Following the City’s review of the Draft Plan, DEA will meet with the City to review comments and DEA will incorporate the City’s comments into the Final Plan.

For reference, the Storm Drainage Master Plan is anticipated to include the following information:

1) Chapter 1 Introduction/Executive Summary a) Bac