The URL can be used to link to this page

September 26, 2022 Agenda ERIC SWENSON,MAYOR CITY OF WOODBURN DEBBIE CABRALES,COUNCILOR WARD I ALICE SWANSON,COUNCILOR WARD II CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV MARY BETH CORNWELL,COUNCILOR WARD V SEPTEMBER 26, 2022— 7:00 P.M. BENITO PUENTE JR.,COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS/PRESENTATIONS Proclamations: A. Hispanic, Latinx, and Indigenous Heritage Month 1 Presentations: B. Mary Tennant Award C. Butteville Road Discussion 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-6318 or Statewide To//Free Relay (800) 735-1232, at least 48 hours prior to this meeting. Si usted necesita asistencia especial, comuniquese al 503-980-6322 o a la linea telef6nica gratuita, (800) 735-1232, con un minimo de 48 horas, antes de la reuni6n. **Habra int6rpretes disponibles para aquellas personas clue no hablan Ingl6s, previo acuerdo. Comuniquese al (503) 980-6322.** September 26, 2022 Council Agenda Page i A. Woodburn City Council Meeting minutes of August 22, 2022 2 Recommended Action: Approve the minutes. B. Woodburn City Council Meeting Executive Session minutes of August 5 22, 2022 Recommended Action: Approve the minutes. C. Liquor License Application for Alebrijes Market LLC. 6 Recommended Action: Recommend that the OLCC approve the Liquor License Application for Alebrijes Market LLC. D. Liquor License Application for Crossroad Market LLC. 8 Recommended Action: Recommend that the OLCC approve the Liquor License Application for Crossroad Market LLC. E. Acceptance of a Public Easement at 800 Kirksey St (Smith Creek 10 Apartments), Woodburn, OR 97071 (Tax Lot 052W130000115) Recommended Action:Accept the dedication of a public easement granted by Smith Creek Investors, LLC, owners of the property located at 800 Kirksey St, Woodburn, OR 97071 (Tax Lot 052W 130000115). F. Building Activity for August 2022 17 Recommended Action: Receive the report. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. 11. GENERAL BUSINESS-Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. City Administrator and City Attorney Annual Performance Evaluations Recommended Action:The City Administrator and City Attorney have exercised their right (ORS 192.660 (2)(i)) to have a performance review conducted in open session. B. Council Bill No. 3197 - A Resolution Adopting a Supplemental Budget 18 September 26, 2022 Council Agenda Page ii and Making Appropriations for FY 2022-2023 Recommended Action: Adopt the Resolution authorizing increasing the Operating Revenue in the General Fund and Operating Expenditures by $1,500,000 to account for the Business Oregon SPWF Grant of$500,000 and the ODOT Immediate Opportunity Fund Grant of $1,000,000. C. Council Bill No. 3198 - A Resolution Authorizing the Transfer of 22 Appropriations within the General Fund for the Fiscal Year 2022-2023 Recommended Action: Adopt a resolution authorizing up to $750,000 transfer from the General Fund's Contingency to Non-Departmental category for a grant award to AWARE Food Bank for the reconstruction of their facility. D. Council Bill No. 3199 - A Resolution to Extend and Provide Municipal 26 Sewer Services to the Woodburn Church of the Nazarene Property (3601 Newberg Hwy, Woodburn, Oregon) Located Outside the Corporate City Boundaries Recommended Action:Adopt a Resolution authorizing the Woodburn Church of the Nazarene (Tax Lot 052W1 10000200) to connect to the City's public sewer system. E. American Rescue Plan Act(ARPA)Agreement with Immanuel Lutheran 36 Church for the Community Meal Program Recommended Action:Approve the proposed ARPA Agreementwith Immanuel Lutheran Church for their Community Meal Program effective upon execution of the Agreement, through July 31 , 2024. F. Utility Assistance Program - Additional Funding 47 Recommended Action: Authorize the City Administrator to sign the enclosed agreement with Love INC of North Marion County for the administration of the Utility Assistance Program for Fiscal Years 2022-23 and 2023-24, in the amount of up to $25,000.00 annually. G. First Amendment to ARPA Funded Services Grant Agreement with 58 Liberty House Recommended Action: Authorize the City Administrator to sign an amendment to the ARPA Funded Services Grant Agreement with Liberty House to increase the amount of grant funding with an additional one-time payment of $120,000.00 to expand the scope of Project Services provided to the City and its residents. 12. OTHER BUSINESS None. September 26, 2022 Council Agenda Page iii 13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A. Call-Up Briefing: Planning Commission approval of a Conditional Use 63 Permit& Design Review application package for the Woodburn Place West Apartments at 2045 Molalla Rd (Hwy 211) (CU 22-01 & DR 22-08) Recommended Action: Staff briefs the Council on this item pursuant to Woodburn Development Ordinance (WDO) Section 4.02.02. (The Council may call up this item for review if desired and, by majority vote, initiate a review of this Commission decision.) 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. EXECUTIVE SESSION A. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (2)(h) To consider records that are exempt by law from public inspection pursuant to O RS 192.660 (2)(f) 17. ADJOURNMENT September 26, 2022 Council Agenda Page iv PROCLAMATION Hispanic, Latinx, and Indigenous Heritage Month September 15th - October 15th, 2022 WHEREAS,people who identify themselves as Hispanic, Latinx, or Indigenous from Mexico, South and Central America have contributed to Woodburn's history and successes since the 1880's, and WHEREAS, Woodburn honors their rich and diverse cultural heritages and historical legacies, and WHEREAS, Woodburn's Hispanic, Latinx, and Indigenous communities now constitute fifty-seven percent of our population, including leaders,policy makers, educators, students, health care professionals, military,public safety, the trades, business leaders and entrepreneurs, actively involved in our community and in mentoring our next generation; and WHEREAS,the Governor has proclaimed the month of September 15 through October 15 to be Hispanic, Latinx, and Indigenous Heritage Month, and Oregon proudly joins the nation in celebrating the rich cultures and histories of Hispanic, Latinx, and Indigenous heritages in Oregon. The State of Oregon and the City of Woodburn dedicate ourselves to working together to address the challenges that still face Hispanic, Latinx, and Indigenous Oregonians in equity and access to the prosperity of Oregon. NOW, THEREFORE, I, Eric Swenson, Mayor of the City of Woodburn, hereby proclaim September 15 through October 15, 2022 to be "HISPANIC, LATINX, AND INDIGENOUS HERITAGE MONTH" in the City of Woodburn, and encourage all to join in this observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Woodburn to be affixed. Eric Swenson, Mayor City of Woodburn 1 COUNCIL MEETING MINUTES AUGUST 22, 2022 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON,AUGUST 22, 2022 CONVENED The meeting convened at 7:00 p.m. with Mayor Swenson presiding. ROLL CALL Mayor Swenson Present Councilor Carney Present Councilor Cornwell Present Councilor Schaub Present Councilor Swanson Present Councilor Puente Present Councilor Cabrales Present Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Attorney Granum, Assistant City Administrator Row, Police Chief Pilcher, Public Works Director Stultz, Community Development Director Kerr,Economic Development Director Johnk, Special Projects Director Wakely, City Recorder Pierson PRESENTATION Oregon Land Use Training for Decision Makers — Community Development Director Kerr provided a presentation on the land use process in Oregon. Mayor Swenson left the meeting at 8:22 p.m. and Council President Carney began presiding over the meeting. CONSENT AGENDA A. Woodburn City Council Meeting minutes of August 8, 2022, B. Crime Statistics through July 2022, Councilor Cabrales stated that in regards to the presentation on Houseless Response at the last meeting, as someone who runs a nonprofit in town along with Councilor Swanson, that they weren't part of the stakeholders meeting and believes they should have been invited to be a part of the conversation. Schaub/Cornwell... adopt the Consent Agenda. The motion passed unanimously. Councilor Cabrales stated that she would like someone from the Center for Hope and Safety to come talk to the Council about sexual assault, rape, and trafficking and give the Council some training. Councilor Schaub stated that she would like to see the invoice from the attorney the City hired. City Administrator Derickson stated that he would reach out to the Center for Hope and Safety about coming to speak to the City Council. He added that he has received the invoice from the attorney with Miller Nash and he will get that to the City Council. COUNCIL BILL NO. 3196 - A RESOLUTION ADOPTING AN UPDATED SECTION 3 PLAN TO COMPLY WITH 24 CFR, PART 135 OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 3 Page I - Council Meeting Minutes, August 22, 2022 2 COUNCIL MEETING MINUTES AUGUST 22, 2022 REGULATIONS; A LIMITED ENGLISH PROFICIENCY (LEP) LANGUAGE ACCESS PLAN; A POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY STATUS; AND REPEALING PREVIOUSLY ADOPTED PLANS AND POLICIES Schaub introduced Council Bill No. 3196. City Recorder Pierson read the bill by title only since there were no objections from the Council. Special Projects Director Wakely provided a staff report. On roll call vote for final passage, the bill passed unanimously. Council President Carney declared Council Bill No. 3196 duly passed. AWARD OF CONSTRUCTION CONTRACT FOR THE CONCESSION STAND REHABILITATION AND REROOF AS PART OF THE LEGION PARK IMPROVEMENT PROJECT Assistant City Administrator Row provided a staff report. Schaub/Puente... award a Construction Contract to Nataly's Construction LLC for the Concession Stand Rehabilitation at Legion Park in the amount of$85,858.00 and authorize the City Administrator to sign the Agreement. The motion passed unanimously. CITY ADMINISTRATOR'S REPORT The City Administrator reported the following: • Thanked everyone who participated in Fiesta. He added that the parade was so much fun and that there were no public safety incidents. • School District has a committee that is working on the planning for growth and capacity and the City has a planner who is a part of that committee.Will invite the school district to provide an update to the Council. MAYOR AND COUNCIL REPORTS Councilor Swanson stated that a resident reached out to her and let her know that a large tree fell on a pavilion in Burlingham Park. She stated that she is aware that the City has been proactive with having the trees evaluated and asked if the City was aware of this tree. City Administrator Derickson stated that the City would look into this incident. Councilor Schaub stated that 40 pounds of candy was thrown during the Fiesta parade. She added that she loved the Fiesta and the community is warm and welcoming. She also thanked Fire Chief Budge for driving the bre engine. Councilor Puente stated that he appreciated that the high school soccer team was allowed to raise funds at Fiesta and it was amazing to see kids picking up trash the next day. Councilor Carney stated that Fiesta was wonderful experience. EXECUTIVE SESSION Council President Carney entertained a motion to adjourn into executive session under the authority of ORS 192.660(2)(e) Cabrales/Swanson... move into executive session under the authority of ORS 192.660(2)(e). The motion passed unanimously. The Council adjourned into executive session at 9:21 p.m. and reconvened at 9:53 p.m. Council President Carney stated that no action was taken by the Council while in executive session. Swanson/Cornwell... sell by sealed bid with a floor of$4,500 minimum the City owned parcel depicted in the diagram, located along Settlemier and have the bid open to the adjacent property owners, with the minimum bid being disclosed to them and the neighbor will be made aware of Page 2 - Council Meeting Minutes, August 22, 2022 3 COUNCIL MEETING MINUTES AUGUST 22, 2022 the bid. The motion passed 5-1 with Councilor Cabrales voting no. ADJOURNMENT Cornwell/Schaub...move to adjourn. The motion passed unanimously. Council President Carney adjourned the meeting at 9:55 p.m. APPROVED ERIC SWENSON, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, August 22, 2022 4 EXECUTIVE SESSION MINUTES AUGUST 22, 2022 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON,AUGUST 22, 2022 CONVENED The meeting convened at 9:21 p.m. with Council President Carney presiding. ROLL CALL Mayor Swenson Absent Councilor Carney Present Councilor Cornwell Present Councilor Schaub Present Councilor Swanson Present Councilor Puente Present Councilor Cabrales Present Council President Carney reminded Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, City Recorder Pierson Others in attendance: None. The executive session was called: To conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(2)(e). ADJOURNMENT The executive session adjourned at 9:53 p.m. APPROVED Eric Swenson, Mayor ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 1 —Executive Session Minutes, August 22, 2022 5 �'I'1 r I Iii♦ r} B V' September 26, 2022 TO: Honorable Mayor and City Council through City Administrator THRU: Martin Pilcher, Chief of Police FROM: Andy Shadrin, Lieutenant SUBJECT: Liquor License Application RECOMMENDATION: Recommend that the OLCC approve the Liquor License Application for Alebrijes Market LLC. BACKGROUND: Applicant: Alebrijes Market LLC. 425 N 1 St St. Woodburn, OR 97071 503-890-3837 Point of Contact: Leopoldo Avila Quintero 1 199 Eagle Drive Woodburn, OR 97071 503-890-3837 Business: Alebrijes Market LLC. 425 N 1 St St. Woodburn, OR 97071 503-890-3837 Owner(s): Leopoldo Avila Quintero and Adriana Lopez Carlos Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—x- 6 Honorable Mayor and City Council September 26, 2022 Page 2 License Type(s): Off-Premises - May sell and serve beer, wine, and cider for consumption off the licensed premises. May sell beer, wine and cider in a securely covered, "growler", for consumption off the licensed premises. On July 22, 2022, the Woodburn Police Department received an application for Off-Premises sales liquor license for Alebrijes Market. The business currently operates as a convenience store at 425 N. 1 st Street in Woodburn, OR 97071 . The hours of operation are 8 AM to 10 PM Sunday through Saturday. There is no noted entertainment planned at the business nor seating for customers. The Woodburn Police Department has not received any communication from the public or surrounding businesses in support of or against the proposed change. DISCUSSION: The Police Department has completed a background investigation of Alebrijes Market LLC., and the listed owner, Leopoldo Avila Quintero, through various police databases and business related databases. Leopoldo Avila Quintero holds a valid driver's license. A computerized criminal history check was conducted on Leopoldo Avila Quintero and it appears that he had a DUII arrest in 2008, under an alias of Rafael Gurrola-Quintero. The DUII arrest was dismissed due to a diversion program. In 2003, Leopoldo Avila Quintero appeared to have had another arrest under the alias Rafael Gurrola-Quintero for Menacing and Harassment. Court records indicate that he pled guilty to one count of Menacing on that case. No other criminal history records were found. The initial OLCC application had an incorrect social security number for Leopoldo Avila Quintero. Leopoldo Avila Quintero was directed to amend the error and the police department was provided with a corrected application. The Police Department has completed a background investigation of the other listed owner, Adriana Lopez-Carlos. Adriana Lopez-Carlos was found to have no criminal history records and holds a valid Oregon driver's license. No other items of concern were noted. FINANCIAL IMPACT: None 7 �'I'1 r I Iii♦ r} B V' September 26, 2022 TO: Honorable Mayor and City Council through City Administrator THRU: Martin Pilcher, Chief of Police FROM: Keith Kimberlin, Lieutenant SUBJECT: Liquor License Application RECOMMENDATION: Recommend that the OLCC approve the Liquor License Application for Crossroad Market LLC. BACKGROUND: Applicant: Crossroad Market LLC. 303 N. Pacific Hwy. Woodburn, OR 97071 503-580-2990 Point of Contact: Jaspreet Kaur 2632 Enchanted View Lane Turner, OR 97392 503-689-4043 Business: Crossroad Market 303 N. Pacific Hwy. Woodburn, OR 97071 503-580-2990 Owner(s): Jaspreet Kaur Agenda Item Review: City Administrator_x City Attorney_x_ Finance_x_ 8 Honorable Mayor and City Council September 26, 2022 Page 2 License Type(s): Off-Premises - May sell and serve beer, wine, and cider for consumption off the licensed premises. May sell beer, wine and cider in a securely covered, "growler", for consumption off the licensed premises. On August 4, 2022, the Woodburn Police Department received an application for Off-Premises sales liquor license for Crossroad Market. The business currently operates as a convenience store at 303 N. Pacific Highway in Woodburn, OR 97071 . The hours of operation are 6 AM to 11 PM Monday through Saturday, and 8 AM to 11 PM on Sunday. There is no noted entertainment planned at the business nor seating for customers. The Woodburn Police Department has not received any communication from the public or surrounding businesses in support of or against the proposed change. DISCUSSION: The Police Department has completed a background investigation of Crossroad Market LLC., and the listed owner, Jaspreet Kaur, through various police databases and business related databases. Jaspreet Kaur holds a valid driver's license and no other items of concern were located during the check. The business location is undergoing a change of ownership and a slight change in name. FINANCIAL IMPACT: None 9 �'I'1 r I Iii♦ r} B V' September 26, 2022 TO: Honorable Mayor and City Council through City Administrator FROM: Curtis Stultz, Public Works Director SUBJECT: Acceptance of a Public Easement at 800 Kirksey St (Smith Creek Apartments), Woodburn, OR 97071 (Tax Lot 052W130000115) RECOMMENDATION: Accept the dedication of a public easement granted by Smith Creek Investors, LLC, owners of the property located at 800 Kirksey St, Woodburn, OR 97071 (Tax Lot 052W 130000115). BACKGROUND: The property owner is required to provide a public easement in order to satisfy the conditions of approval of Design Review (DR 21-02, PAR 2020-04, & FPAR 2020-03, Related to ANX 2017-05, PUD 2017-01 , et al). DISCUSSION: The easement is generally a 16-foot wide public waterline easement located within the property boundary as shown in the attached exhibit. This public utility easement provides a permanent easement and right-of-way to construct, reconstruct, operate, and maintain water mains and appurtenances. FINANCIAL IMPACT: There is no cost to the City for the Public Easement. ATTACHMENTS A Copy of the Public Easement document is included as Exhibit "A" and Exhibit "B" for the dedication. Agenda Item Review: City Administrator_x_ City Attorney_x Finance—x- 10 AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS Smith Creek Investors LLC GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of-way, including the permanent right to construct, reconstruct, operate, and maintain The Public Water Main on the following described land: See attached Exhibit "A"Legal Description of Permanent Easement and attached Exhibit "B"Sketch for Legal Description of Permanent Easement which are by this reference incorporated herein GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is zero dollars ($P), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. DATED this day of Mk Y\,- 20`L-, — (Signatures and notary acknowledgements on following page.) Public Utility Easements(Permanent) Page 1 of 6 11 GRANTOR: SMITH CREEK INVESTORS LLC, an Oregon limited liability company By: Tokola Properties, Inc., an Oregon corporation Its: Manager By: J e roger, Vice P rjs n STATE OF OREGON ) )Ss. County of MAQCS 4 ) This instrument was acknowledged before me on �. tra i �_,2022,by Jeffrey Edinger, Vice President of Tokola Properties, Inc., an Oregon'corporation,the Manager of Smith Creek Investors LLC, an Oregon limited liability company. OFFICIAL STAMP RICHARD WILSON SIEWERT 11 ��i' 4 ••.r "^�.~ NOTARY PUBLIC•OREGON COMMISSION NO.994664 Notary Public—State of Oregon MY COMMISSION EXPIRES DECEMBER 12,2023 Public Utility Easements(Permanent) Page 2 of 6 12 CORPORATE ACKNOWLEDGEMENT City of Woodburn 270 Montgomery Street Woodburn, OR 97071 (Grantee's Name and Address) By Signature below, the City of Woodburn, Oregon, Approves and Accepts this Conveyance Pursuant to ORS 93.808. City Recorder: Heather Pierson Public Utility Easements(Permanent) Page 3 of 6 13 EXH I BIT A Legal Description for: City of Woodburn Waterline Easement A strip of land, variable in width, located in the northeast one quarter and southeast one- quarter of Section 13,Township 5 South, Range 2 West of the Willamette Meridian, in the City of Woodburn, Marion County, Oregon,said strip being a portion of Parcel 2, Partition Plat 2021- 46, as platted and recorded in the Book of Partition Plats for Marion County, Oregon, more particularly described as follows: Beginning at a point that is North 89'39'00"West 34.00 feet from the southeast corner of the aforementioned Parcel 2, said point being on the North right of way of Parr Road (CR 517) at a perpendicular distance of 40.00 feet Northerly from centerline of said Road; and running thence: North 89'39'00"West 16.00 feet along said right of way; thence leaving said right of way, North 0'31'03" East 142.02 feet; thence North 89°28'57"West 14.50 feet; thence North 0'31'03" East 10.00 feet; thence South 8928'57" East 14.50 feet; thence North 0°31'03" East 234.98 feet; thence North 89°39'00"West 28.08 feet; thence North 0`31'03" East 24.00 feet; thence South 89°39'00" East 28.08 feet; thence North 0°31'03" East 202.02 feet; thence North 89°28'57"West 10.00 feet; thence North 00031'03" East 10.00 feet; thence South 89'28'57" East 10.00 feet; thence North 00°31'03" East 9.23 feet; thence North 89°28'57"West 17.29 feet; thence South 66°24'13"West 112.26 feet; thence South 42040'48"West 112.22 feet; thence North 89°28'50"West 120.28 feet to the beginning of a non-tangent curve concave to the East,said curve being on the Easterly right of way of Kirksey Street at a perpendicular distance of 30.00 feet Easterly from the centerline of said street; thence Northerly along the arc of a 270.00 foot radius curve to the right (whose radius point bears South 85°33'49" East and the long chord of which bears North 06°08'33" East 16.08 feet) 16.08 feet along said right of way; thence leaving said right of way, South 89°28'50" East 111.61 feet; thence North 4240'48" East 108.49 feet; Public Utility Easements (Permanent) Page 4 of 6 14 thence North 66024'13" East 119.04 feet; thence South 89'2857" East 36.71 feet; thence South 0031'03"West 648.20 feet to the Point of Beginning, containing 17,067 square feet of land more or less. Bearings are based on Partition Plat 2021-46. REGISTERED PROFESSIONAL LATdn SURVEYtJR REGON JUu' 19, 1994 GREGORY L.b%iLSON Public Utility Easements (Permanent) Page 5 of 6 15 EXHIBIT B LOCATED IN THE N.E. 1/4 & S.E. 1/4 OF SEC. 13, T. 5 S., R. 2 W., W.M., CITY OF WOODBURN, MARION COUNTY, OREGON S89*28'57"E 36.71'i / N6Fi 2rk O,,� �1�,,.ty Ll SEE • L3 .11 4N'5 DETAIL L5 .26 fl)904 589'28'50"E '4 0 p 04 C14 cp Z R. 84-9,E T3 C.O.W. N8928'50"W WATERLINE En DETAIL YO z 120.28' EASEMENT 0 SCALE: 1 30' S89'39'00"E 28.08' 61 LEGEND N031'03"E 24.00'-- P.O.B. -POINT OF BEGINNING C.O.W. -CITY OF WOODBURN N8939'00"W 28.08' 04 GoR.B. -RADIAL BEARING 't oz Line Table to SQ.FT -SQARE FEET 3: CITY OF WOODBURN kb 1* a 00 WATERLINE EASEMENT Direction Line # Length 17,067 SQ.FT. Ll 17.29' N89 28'57"W oL C141 0 in L2 9,23' N00*31'03"E C.O.W. L3 10.00' S89'28'57"E WATERLINE EASEMENT ci 10.00' N0O*31'03*E S89'28'�57"E REGISTERED 10.00' N8928'57"W 14.50' z PROFESSIONAL w 0 NO*31'03"E WF= LAND SURVEYOR I 10.00' XZ 0 N89'28'57"W iv U 14.50' in C4 04- CNI < 0 0 R W-J C'j JJLY lj) W 1994 rj 0< 0�- Ir GREGORY L WHSON in n n 2887 EXPIRES: 6/30/2024 z SCALE: 1 100' N89.39'00'W 16.00'J BARKER PARR RD—N89*39'00"W 34.00'1 ,R SURVEYING 3657 KASHMIR WAY SE Curve Table SALEM, OREGON 97317 Curve # Radius Length Delta Chord Bearing & Dist. PHONE (503) 588-8800 FAX (503) 363-2469 270.00' 16.08' 324'44" 1 N06*08'33"E- 16.08' 1 EMAIL:INFO@BARKEROLSON.COM Public Utility Easements (Permanent) Page 6 of 6 16 CITY OF WOODB URN Community Development Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: September 6, 2022 To: Chris Kerr, Community Development Director From: Melissa Gitt, Building Official Subject: Building Activity for August 2022 2020 2021 2022 No. Dollar Amount No. Dollar Amount No. Dollar Amount Single-Family Residential 7 $1,449,434 32 $8,106,672 12 $3,814,416 Multi-Family Residential 0 $0 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds &Alts 6 $173.430 6 $46,818 20 $226,201 Industrial 0 $0 0 $0 0 $0 Commercial 5 $637,165 3 $108,000 6 $337,390 Signs and Fences 0 $0 0 $0 0 $0 Manufactured Homes 0 $0 0 $0 0 $0 TOTALS 18 $2,260,029 41 $8,261,490 38 $4,378,007 Fiscal Year to Date $6,044,206 $22,282,411 $5,713,353 (July 1 —June 30) • Totals reflect permit valuation 17 f,�'IPr ,vera DBURN I&M September 26, 2022 TO: Honorable Mayor and Council through City Administrator FROM: Anthony Turley, Finance Director SUBJECT: FY 2022-2023 Supplemental Budget Request for appropriation authority for two State Grant Awards approved by the City Council at the April 11, 2022 council meeting. RECOMMENDATION: Adopt the Resolution authorizing increasing the Operating Revenue in the General Fund and Operating Expenditures by $1 ,500,000 to account for the Business Oregon SPWF Grant of$500,000 and the ODOT Immediate Opportunity Fund Grant of $1 ,000,000. BACKGROUND: Every year, after Council budget adoption, circumstances arise that were either unforeseen, unquantifiable, or discovered as errors. Oregon Budget Law, ORS 294.471 (1 ) provides for changes to adopted budgets through a transfer resolution or supplemental budget process that notices the proposed changes. Transfers in excess of 15 percent of any fund's total expenditures, or supplemental budget changes in excess of 10 percent of any fund's total expenditures, require a public hearing to accept public testimony on the item under consideration. Like the adopted budget, supplemental budget requests must be balanced; in other words, net revenue and net expense for the request must be equal. This can be accomplished by budgeting additional revenue or by reducing another expenditure category (such as contingencies). DISCUSSION: This supplemental budget request is necessary to address the appropriation of funds for the two grant awards as described below: Business Oregon SPWF Grant: Business Oregon manages a Special Public Works Fund program that provides grants to municipally incorporated entities for development projects, including transportation infrastructure projects, where there is firm business commitment to create or retain traded-sector jobs (up to $5.000ep r eli ig ble job and not to exceed 85% of the project cost or $500.000 Agenda Item Review: City Administrator_x_City Attorney_x Finance_x_ 18 Honorable Mayor and City Council September 26, 2022 Page 2 per project). The City of Woodburn applied for and was awarded a Special Public Works Fund Grant and now desires to accept the funding award of $500,000, which will be directed toward the Butteville Road Realignment Project. ODOT Immediate Opportunity Fund Grant: The Oregon Department of Transportation (ODOT) manages an Immediate Opportunity Fund (IOF) to support primary economic development in Oregon through the construction and improvement of streets and roads. The City of Woodburn applied for and was awarded an ODOT Immediate Opportunity Fund Grant and now desires to accept the funding award of $1,000,000, which will be directed toward the Butteville-219 Roundabout Project. Amazon estimates the costs of the complete infrastructure improvements will total $7,937,050. With the $500,000 SPWF funds to Butteville Road and $1 ,000,000 ODOT IOF funds to the OR-219 roundabout, Amazon will invest the remaining balance of $6,437,050 to the infrastructure improvements. Staff recommends adding an additional $1 ,500,000 to the General Fund's FY 2023 budget. FINANCIAL IMPACT: If the resolution is approved, the following changes will be made: SUMMARY OF PROPOSED BUDGET CHANGES AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED General-001 Resource Original Change Revised Requirement Original Change Revised 1 Grants 27,101,870 1,500,000 28,601,870 I Grants 27,101,870 1,500,000 28,601,870 Revised Total Fund Resources 28,601,870 Revised Total Fund Requirements 28,601,870 Comments:State grants allocated to Butteville Rd.Realignment and Roundabout Construction projects. 19 COUNCIL BILL NO. 3197 RESOLUTION NO. 2198 A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET AND MAKING APPROPRIATIONS FOR FY 2022-2023 WHEREAS, on June 13, 2022, the Woodburn City Council approved a Resolution adopting a budget for the fiscal year 2022-2023, wherein funds were appropriated; and WHEREAS, ORS 294.471 (1 )(a) permits supplemental budgets when "an occurrence or condition which had not been ascertained at the time of the preparation of a budget for the current year or current budget period which requires a change in financial planning"; and WHEREAS, ORS 294.471 (1 )(c) permits supplemental budgets when "funds that are made available by another unit of federal, state or local government and the availability of which could not reasonably be foreseen when preparing the original budget or a previous supplemental budget for the current year or current budget period"; and WHEREAS, Under ORS 294.471 (3), a supplemental budget in which no fund changes more than 10% can be adopted at a regularly scheduled meeting of the governing body without a public hearing; and WHEREAS, the supplemental budget contained herein and made pursuant to ORS 294.471, is a result of increases to the City's operating revenue in the General Funds of $1,500,000, accounting for receipt of the Business Oregon SPWF Grant of $500,000 and the ODOT Immediate Opportunity Fund Grant of $1 ,000,000; and WHEREAS, a regularly scheduled City Council meeting was held September 26, 2022 on the supplemental budget changes and notice of the meeting was published at least five days prior to the meeting, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That pursuant to the applicable ORS provisions cited above, the City Council hereby approves the transfers of appropriations and supplemental budget for FY 2022-23 in the amounts shown in the summary. Page 1 - COUNCIL BILL NO. 3197 RESOLUTION NO. 2198 20 SUMMARY OF PROPOSED BUDGET CHANGES AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED General-001 Resource Original Change Revised Requirement Original Change Revised 1 Grants 27,101,870 1,500,000 28,601,870 I Grants 27,101,870 1,500,000 28,601,870 Revised Total Fund Resources 28,601,870 Revised Total Fund Requirements 28,601,870 Comments:State grants allocated to Butteville Rd.Realignment and Roundabout Construction projects. Approved as to Form: City Attorney Date APPROVED: Eric Swenson, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 2- COUNCIL BILL NO. 3197 RESOLUTION NO. 2198 21 DBUR Proe.�;:;rrreef A$'7R7 September 26, 2022 TO: Honorable Mayor and City Council through City Administrator FROM: Tony Turley, Finance Director SUBJECT: FY 2022-23 Transfer of Appropriations Request within General Fund RECOMMENDATION: Adopt a resolution authorizing up to $750,000 transfer from the General Fund's Contingency to Non-Departmental category for a grant award to AWARE Food Bank for the reconstruction of their facility. BACKGROUND: Every year, after Council budget adoption, circumstances arise that were either unforeseen, unquantifiable, or discovered as errors. Oregon Budget Law, ORS 294.471 (1 ) provides for changes to adopted budgets through a transfer resolution or supplemental budget process that notices the proposed changes. Transfers not in excess of 15 percent of any fund's total expenditures may be made through a resolution without adoption of a supplemental budget. The proposed transfer of General Fund appropriations is less than 3 percent of the Fund's total budgeted expenditures. DISCUSSION: General Fund (001 ): Contingency $750,000 Authority is requested to move $750,000 from Contingency to the Materials & Services category. General Fund (001 ): Materials & Services $750,000 The increase represents additional funds needed for the distribution of grant funds to the AWARE Food Bank. At the time we were completing the FY 2022-23 budget for the City, we had received approval of an additional $500,000 to the original award of $250,000 of CDBG-CV funds for the AWARE Food Bank re-development project. Agenda Item Review: City Administrator x_ City Attorney_x_ Finance_x- 22 Honorable Mayor and City Council September 26, 2022 Page 2 Where we were able to reflect the grant revenue into the budget, we did not get the corresponding expenses accounted for in the budget. This oversight was due to a multitude of reasons, one of which included discussion with Business Oregon regarding the use of the CDBG-CV funding. Business Oregon has been concerned that the proposed re-construction of the AWARE Food Bank building would be classified as a new construction rather than a re-construction by HUD based on the addition of approximately 800 sf to the size of the structure. If this was the case, Business Oregon was indicating that they would reverse the award of the additional $500,000. Since that time, however, the issue has been resolved and the City will receive the full $750,000 for the AWARE Food Bank project and thus requires making an amendment to the adopted FY 2022-23 budget. FINANCIAL IMPACT: If the resolution is approved, $750,000 will be transferred from the General Fund's Contingency to Materials & Services category. This transfer will not change the Fund's total budgeted expenditures. SUMMARY OF PROPOSED BUDGET CHANGES AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED General Fund 001 Resource Original Change Revised Requirement Original Change Revised 1 Materials &Services - 750,000 750,000 2 Contingency (750,000) (750,000) Revised Total Fund Resources Revised Total Fund Requirements Comments: Transfer of Contingency balance to Materials&Services 23 COUNCIL BILL NO. 3198 RESOLUTION NO. 2199 A RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS WITHIN THE GENERAL FUND FOR THE FISCAL YEAR 2022-2023 WHEREAS, on June 13, 2022, the Woodburn City Council approved a Resolution adopting a budget for the fiscal year 2022-2023, wherein funds were appropriated; and WHEREAS, ORS 294.463 provides that transfers of appropriations may be made within a given fund when authorized by Resolution of the City Council; and WHEREAS, the City routinely budgets certain amounts and contingencies to provide budget resources to fund appropriations not anticipated at the time of budget adoption; and WHEREAS, transfers may be made from an operating contingency appropriation to the appropriation category from which it will be expended; and WHEREAS, contingency transfers that in aggregate during a fiscal year do not exceed fifteen percent (15%) of the total appropriations of the fund contained in the original budget may be made through a resolution without adoption of a supplemental budget; and WHEREAS, changes to previously budgeted appropriations in the General Fund are needed for reconstruction of the Aware Food Bank facility located across the street from City Hall, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Transfer of Appropriations. The following Transfer of Appropriations within the General Fund for the 2022-2023 fiscal year is hereby approved: SUMMARY OF PROPOSED BUDGET CHANGES AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED General Fund 001 Resource Original Change Revised Requirement Original Change Revised 1 Materials &Services - 750,000 750,000 2 Contingency (750,000) (750,000) Revised Total Fund Resources Revised Total Fund Requirements - Comments: Transfer of Contingency balance to Materials&Services Page 1 - COUNCIL BILL NO. 3198 RESOLUTION NO. 2199 24 Approved as to form: City Attorney Date Approved: Eric Swenson, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 2- COUNCIL BILL NO. 3198 RESOLUTION NO. 2199 25 Iii♦ 4 B V' September 26, 2022 TO: Honorable Mayor and City Council through City Administrator FROM: Curtis Stultz, Public Works Director SUBJECT: Resolution Authorizing the City to Provide Sanitary Sewer Service to Tax Lot 052W110000200 (3601 Newberg Hwy, Woodburn OR 97071) Woodburn Church of the Nazarene RECOMMENDATION: Adopt a Resolution authorizing the Woodburn Church of the Nazarene (Tax Lot 052W 1 10000200) to connect to the City's public sewer system. BACKGROUND: The Woodburn Church of the Nazarene property (3601 Newberg Highway) is located outside of the corporate city limits of Woodburn, however, the Amazon Development was required to obtain additional right-of-way and a public utility easement ("PUE") along their frontage as part of the improvements to the adjacent road system and reconstruction of the Butteville Road/OR-Hwy 219 intersection. Currently, the Church's existing septic system is located within the limits of where a new public utility easement is to be dedicated. As a result, Trammel Crow (Amazon's Development Representative) on behalf of the Woodburn Church of Nazarene is requesting the City provide public sanitary sewer services to 3601 Newberg Highway, so that the new PUE can be accommodated. A sewer main running north-south and parallel to the Church's westerly property line was built recently as part of the Amazon Development, including a stub out to provide sewer service to 3601 Newberg Highway in the future. The new sewer main is going to be a public main when the Amazon development is deemed complete by the City. DISCUSSION: Trammel Crow is requesting an emergency public sewer connection to 3601 Newberg Highway in order to avoid possible grade conflicts, regulatory requirements, and septic system failures due to future installation of franchise utilities within the newly acquired public utility easement. Agenda Item Review: City Administrator_x City Attorney_x Finance_x_ 26 Mayor and City Council September 26, 2022 Page 2 Trammel Crow has agreed to obtain all approvals and permits required to complete the connection to the new public sewer system, including decommissioning the Church's current septic system and returning the property to its condition prior to work, or better. FINANCIAL IMPACT: There is no cost to the City for providing public sewer service. The property owner will be billed at a rate of 1 .5 times the current sewer rate for residents within the City of Woodburn. ATTACHMENTS A. Approved Civil Plans of the future public sewer main and stub out to provide sewer service to 3601 Newberg Highway. B. Marion County Tax Map 052W1 1 C. Marion County Permit 1304918 _ Map of Septic system 27 COFFMAN A LOCATED IN THESE 1/4 OF SECTION 11 AND IN THE NE 1i4 OF SECTION 14,T 5S,R 2W.,W M.,CITY OF ISOODBURN,MARION COUNTY OREGON ENGINEERS 1 IN I III — — so PROJECT BASIE CONSTRUCTION SET uEx.si E�-0x°xs�nE�a° � I I w _ w PROTECTL� wooaGDRA eUrrEV RoaD ss - � oeURN,maR oN coUNrv,o v°xsxrvs xE R NOTES © LEGEND11E 1EI—PH— °Ro°.nlo. 211111 �TBM INFOR-14 Dream uriurv.vsxwsxaLmwxLvwnx mv°ruw°°su xs�ari°oao owwNx°s°oipX0 v onto 11-122BENCH MARK NOTE ° mmicaxwEs®°w°sxw cvsxLvwnx mv°ruw°°suvxsrvx°ra°°wwNx°xo v®nz ABBREVIATIONS snEEs TITLE PUBLIC SEWER PLAN-HWY 219 C-639 v�cr°v sxvsurug KEY PIAN wM1,bel- 21 el— ® Call Nar-p,tlg. Kn COFFMAN A LOCATED IN THESE 1/4 OF SECTION 11 AND IN THE NE 1/4 OF SECTION 14,T 5S,R 2W.,W M.,CITY OF ISOODBURN,MARION COUNTY OREGON ENGINEERS 1 IN I III Exo.E< m nxooxo IIPP'.1�Riu,1i�6— a IMI- 'I. PROJECT BASIE CONSTRUCTION SET r MATCH IT NE SEE SHEET C S42 m� do 00 m � s 1 U PROJECT AooRAD BVnEV LLE RO AD u,iLrtvsueeLx, 1 8X aas s oOOBVRN,MAR ON COVNTY,OR NOTES © xoxo�sxuLcowxvwvxorvorw000su LEGEND xvoxsnrvuxe x®x 11E 1EI—PH— uwuoeeLxnwxewa�as �xx�xx��x�x �xxxx�x,ine,mxmowiex �xxx ,� PRO,.No. 210591 ss sE�ex PE s�F x�x-5x .�. �TBM INFOR-14 Dream uriurv.vsxwsxaLmwxLvwnx mvoruwoosu xs�ariooao owwNxo sooip oxo v BENCH MARK NOTE onto o01-0220 mmicaxwEs®owosxw cvsxLvwnx mvoruwoosuvxsrvxorao owwNxo xo s®nz ABBREVIATIONS snEES TITLE oxoxo��. Ex�n�,r�L�nnPL.uti.x�x.o.uwooxxxx,,,uao�o �ox.�.,oxsaP�sE o,�.xE PUBLIC SEWER s<�o�ooxosxoaom.a�o�.<. ioxsxaLmwxLvwnx�,.o.uwooxxxx sE vu xo, PLAN—HWY 219 xxn��xoo�xo � C-640 v�crov sxvsurug KEY PIAN Kn wM1,bel— ,.�x.�ur ® Call b,f,,,p,tlg. NO 2 11 SEEMAP > - ' 05 2W 11 02C WOODBURN SEEMAP i ��siy 52W03D SEEMAP J i pR n 052W01C I r a r\ N w a R m MARION COUNTY,OREGON SEC I I T5S R2W W.M. SCALE I =aoo I rr,rLV L2 uNLIwFs S MAP ........... 2Wi2B sEp nlz +zl+J\N Iz; I=�ne IS �.L l j Ir/ 0 0 0 0 0 idn 4 1zr SEEMAP F COI,NhR I YPES 052W10 4Set rw. c i 0000 0 EJ ^� 400 200 loe NOIh �^ Ioi i I1 .fr r c::1 lo] ,SCO 6b e a c vi T,. co J9 ®g O CANCELLED NUMBERS 4 a' 600 03 03 0 I as I a M AopaoeicHON a NAac i IL09'4 Szw,2c e i 4 � eaie 33 Q �5 F, Qr� �� WM DISCLAIMER_THIS MAP WAS PREPARED e FOR ASS ESSM E NT NO RP OSES O N LV amNWE pR S � Tiroi)i 1 1I j� m „a�R 15 14 --------------- �^ FOR ADDITIONAL MAPS VISIT DOR WEBSITE AT H eTIT d wwwto.mar on.or.uz --------�-_ 1 13 o ___—_______________SEEMAP __ ___-i "' PLOT DATE 6/13/2022 SE AP WOODBURN 52W15 SEEMAP ___________;____________________________ ___i. 052Wi4 052Wi3 - 0 / 05 2W-11------ ------------------------ - - - - 11 05 2W 3 MARION COUNTY BUILDING INSPECTION SENATOR BLDG. NO. 225 220 HIGH STREET NE SALEM, OREGON 97301 W ,„ PHONE:588-5147 8:00-4:30 24 HOUR CODE-A-PHONE:588-7904 f 1 am performing work on a property l own or occupy. I art a registered builder OR{ l the authorixad representative VONATURE OF APPLICANT;._ of a reglst®rad builder. I )f( The work will be performed by a r4gisterea builder.)1 Qkhdvr te haue read Arid agree to the rms stated on tho ruerse side of DATE: 7AY - i i f RY SITUS A6aRE$8i_-.�„ rAraGTI❑N TYPE, ."...p'''"�PAhiGY __...._..__.. 3601. WEST NEWBFRG HWY WOOIJBURN OR 97071 �:• .. 9707 Mm ;��y—Iuft- .. .,OF BUILD --- - --- -- i t�0. OF BEOR4�M5: I MAIC ING ADDRESS: ....- suealvislow; . t PHONE: 961-?070 VALUATION: $7,ASB.�i� i i ;Lor,.._ W ,.UNIT$:....,...,.,.....,.,,... I I I i iwIOTHr aEP7H: AREAtc,51*67— w _....,_.._. .LOT.' .....-----. ' CONTRACTOR, NO, 12773 ARCHITECT/ENGINEER, NO, Noses Allen SChruck 13990 gait Creels Rd Dallas, 97336-0000 PHONE: 623-2484 PHONE: ITEM QUANTITY AHOLMT BU1�, 1NG FEE FLAN REVIEW f6E450 )SU%DXNG STATE. SURCHARGE $44.S3 ZONING SURCHARGE $3,43 $3n4x AS� 'FEES ESSED 'FREV DUS'.RECEIPTS. RECEI�P}A{{YEE{�j Tlpf�p/ TYPE: VED BY: {'e lM.— ••'•�ltimny� ' I � I,+��t"r� �o I4 '_•� I +��11 �*. �» �r .w...---------.-- — .ti�.ri ___ .f��yr,+�.:. , ��, GHFCK * r�z 11AL10 PERINIF-`�-NIS -PE#K&`,t%PXRBs: # � DAY FROM I75---------------------------------- &Assp ..,.,.._ CONSTR�]CTCEASES PIER;A;PER-r`OD,.:#�F,• `�OH8 12[��TTC!!� FAILS �I�1 �#Et=T AI�»t� EQUIREMENTS OF STATE LiAAW1&AN D RAfZll�l� .G`fttDITY•. ZONING ORDINANCES, THIS PERMITALL BECOME N OLL AND V4��Ik,� , HTp SETBACKS: F'lr TOTAL".SR..FT 624 LS-5 F'��.Ehf�Y PATH: ,„��: . ' ...FLAN-ACTION. PATH.- REMARKS, *ACCESSORY STRUCTURE-M!JST-RE' tDCATEU BEWIl,I&'-BU?LDINCr, DOKALD E� WOODLEY, MARION COU14TY BUILDING .OFFICIAL / DY FORM r MC 15.56 REV,4M OFFICE COPY I *00 ef• eef f f f Proposed lighted 7' G" hl,fh t 1 VAN rnrzlCXNC sign i f„ • OOv cps'Pc Paved Parking Lot Nlp 4z CHURCH r Ca IF vto-v- QF "� �.�.-- �� F ate. .. � M•� uni pe od ground ,,r JF '5' 13 „± _, 40 ..� ._ ., .._ . . ? 1 NL M� R J ON COUNTY, OREGON I in _ �9p �a SRA er sr in SEE MAPo SEE AP + N 2W 11A . 05 2W 11AA� 10 Li a �r a f L S r � T SEE MA f F � � I IS d OJT IAC aa07 o � 02-MAR M7H7 E sTR:E7 { 4u COP � DhRS a DLC 60 12. CM ]w S Al {` 9d NW CCF 300 200 lal ' g h DU9 ialmm" f,1RTSapO 1#Fl6M/ SSQadI? DLC 9E PARCEL F id )O5 > *sem R ul f�f 31 1. 12 10303 03 0 `" a 10 03 0 100 J ° 44VgdtW tvl hh FR PARLa LLI w � N � W �„ 33 °� : COUNCIL BILL NO. 3199 RESOLUTION NO. 2200 A RESOLUTION TO EXTEND AND PROVIDE MUNICIPAL SEWER SERVICES TO THE WOODBURN CHURCH OF THE NAZARENE PROPERTY (3601 NEWBERG HWY, WOODBURN, OREGON) LOCATED OUTSIDE THE CORPORATE CITY BOUNDARIES WHEREAS, pursuant to City Ordinance 2405, the City has the power and authority to provide municipal water and/or sewer service to property outside the corporate City boundaries in instances where an emergency is declared by the City Council and the Council makes a policy determination that it is in the interests of the City to provide these services; and WHEREAS, as a result of redevelopment and relocation of the Butteville Road/OR-HWY 219 (Newberg Hwy) intersection, the Oregon Department of Transportation ("ODOT") required the dedication of certain land along the north and western boundaries of the Woodburn Church of the Nazarene property for new right-of-way purposes; and WHEREAS, related to the intersection redevelopment and right-of-way dedication, the City also has a need for a Public Utility Easement ("PUE") along the new OR-HWY 219 frontage of the Church of the Nazarene property; and WHEREAS, the City's interest in acquiring a PUE along the frontage of the Church's property is for purposes of being able to relocate critical utility infrastructure along the highway should it become necessary to enable future development in the west Woodburn area and the Southwest Industrial Reserve Area; and WHEREAS, the Church's property is located within the City's urban growth boundary and has a connection to the City's water service, however, it remains unincorporated and also does not have a municipal sewer connection, instead relying on an onsite septic system; and WHEREAS, in order to accommodate the dedication of a PUE along the Church's northern boundary, it is critical that the septic system on the Church's property be decommissioned, so that future utility installations will not impede and will not be impeded by the Church's current septic system's drainage field that would otherwise overlap with part of the PUE area; and WHEREAS, the City Council finds that as a result of the Butteville Road/OR- HWY 219 intersection redevelopment, the Church's septic system must be decommissioned to accommodate extension of City utilities; and therefore as a result, a public health emergency is declared to exist and the City finds that it is in Page 1 - COUNCIL BILL NO. 3199 RESOLUTION NO. 2200 34 its best interest to correspondingly extend and provide a municipal sewer connection for the church property, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Where the City has a critical need to acquire a Public Utility Easement along the north boundary of the Church of the Nazarene property, related to the redevelopment of the Butteville Road/OR-HWY 219 intersection, and because such easement area would overlap and likely interfere with the Church's onsite septic system, the City hereby declares a public health emergency necessitating that municipal sewer services be extended outside city boundaries. Section 2. The City Council finds that it is in the public interest that sewer services should be extended outside city boundaries and hereby approves providing municipal sewer services to the Church of the Nazarene Property (3601 Newberg Highway, Woodburn, Oregon). Section 3. The City Council's decision to extend sewer services outside city boundaries in this situation is specific to the facts and circumstances of this case and are justified as a result of the redevelopment of the Butteville Road/OR-HWY 219 intersection. All costs associated with extending the municipal sewer line(s) and providing the service connection for the Church of the Nazarene Property will be borne by the developer responsible for construction of the new intersection. Approved as to Form: City Attorney Date APPROVED: Eric Swenson, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 2- COUNCIL BILL NO. 3199 RESOLUTION NO. 2200 35 I J �/?l1►';�� W�QO DrQs7Yfl N September 26, 2022 TO: Honorable Mayor and City Council FROM: Scott C. Derickson, City Administrator SUBJECT: American Rescue Plan Act (ARPA) Agreement with Immanuel Lutheran Church for the Community Meal Program RECOMMENDATION: Approve the proposed ARPA Agreement with Immanuel Lutheran Church for their Community Meal Program effective upon execution of the Agreement, through July 31, 2024, (see Exhibit A). BACKGROUND: The American Rescue Plan Act ("ARPA") is expected to provide the City with local fiscal recovery funds in the amount of approximately $5.8 million over the next two years. In October 2021 , the City authorized the expenditure of ARPA funds to provide economic support for local nonprofit organizations, including funds for Immanuel Lutheran Church. The City has identified Immanuel Lutheran Church as an eligible nonprofit organization and an essential partner in providing vital meals and food service to benefit low- and moderate-income individuals, especially as the needs of the community have grown as a result of the COVID-19 pandemic. The City desires to provide financial support for Immanuel Lutheran Church's Community Meal Program in order to provide weekly meals to the Woodburn and outlying communities in the amount of fifty thousand dollars ($50,000) over two years. The proposed Agreement provides the terms and conditions under which Immanuel Lutheran Church shall receive and may expend the ARPA funding. Authorized or allowable costs exclude expenditures for any of the following: (i) religious instruction or recruitment; (ii) real estate purchases; (iii) lobbying or political activities; (iv) costs for providing services outside of North Marion County; (v) indirect costs and overheard not readily assignable to Project Services; and (vi) any activity prohibited by state, federal, or local law or rule. Agenda Item Review: City Administrator_x City Attorney_x_ Finance_x- 36 Honorable Mayor and City Council September 26, 2022 Page 2 DISCUSSION/ FINANCIAL IMPACT: The proposed use of the ARPA funding is to support Immanuel Lutheran Church's operation of the Community Meal Program where food assistance through weekly meals are provided to the Woodburn and outlying communities. ARPA funding will be applied towards the costs incurred to host the weekly meals (i.e., food, supplies, etc.) served at 1036 E. Lincoln Street, Woodburn, OR. ARPA funds have been approved and are included in the adopted FY 2022-23 budget. The effective date of this Agreement with Immanuel Lutheran Church is as of the day and year specified the Agreement is executed through July 31 , 2024. The total two-year fiscal impact of the proposed Agreement is fifty thousand dollars ($50,000); FY #2022-23 - $25,000; FY #2023-24 - $25,000. 37 CITY OF WOODBURN ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT IMMANUEL LUTHERAN CHURCH—COMMUNITY MEAL PROGRAM THIS ARPA Funded Social Services Grant Agreement ("Agreement"), dated this day of , 2022 ("Effective Date"), is made and entered into by and between the City of Woodburn, an Oregon municipal corporation (the "City"), and the Immanuel Lutheran Church, an Oregon nonprofit corporation ("Grantee") (together the "Parties"). BACKGROUND A. The American Rescue Plan Act ("ARPA") is expected to provide the City with local fiscal recovery funds in the amount of approximately$5.8 million over the next two years. In October 2021, the City authorized the expenditure of ARPA funds to provide economic support for local nonprofit organizations, including funds for Grantee. B. The City has identified Grantee as a regional nonprofit organization that is an essential partner in providing vital meals and food service to benefit low-and moderate-income individuals, especially as the needs of the community have grown as a result of the COVID-19 pandemic. C. Specifically, Grantee provides a weekly meal program to community members through the Community Meal Program. D. The City desires to provide financial support for Grantee for Community Meal Program in order to provide weekly meals to the Woodburn and outlying communities in the amount of fifty thousand dollars ($50,000) over two years. E. This Agreement provides for the terms and conditions under which Grantee shall receive and may expend the identified grant funding. THE PARTIES AGREE AS FOLLOWS: AGREEMENT 1. Purpose.The purpose of the grant funding is to support Grantee's operation of the Community Meal Program where food assistance through weekly meals are provided to the Woodburn and outlying communities ("Project Services"). ARPA funding will be applied towards the costs incurred by Grantee to host the weekly meals (i.e., food, supplies, etc.) served at 1036 E. Lincoln Street, Woodburn, OR. 2. Effective Date & Duration.The Effective Date of this Agreement is as of the day and year specified above, and unless extended or terminated earlier in accordance with its terms, will expire on July 31, 2024. ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Immanuel Lutheran Church—Community Meal Program Page 1 of 9 38 3. Grant Funding. 3.1. Grant Amount. In accordance with the terms and conditions of this Agreement, the City shall provide Grantee with fifty thousand 0/100 dollars ($50,000) ("Grant Funds") over the next two years to carry out the identified Project Services.The City shall disburse the Grant Funds from monies available through its federal ARPA funding. 3.2. Disbursement Schedule.The City shall allocate and distribute the Grant Funds to Grantee pursuant to the following schedule: Funding Cycle Issuance Date Total Funds FY 2022-2023 Within 30 days of Effective Date $25,000 FY 2023-2024 July 1,2023 $25,000 *FY means the City's fiscal year that runs from July 1st—June 30th of the following calendar year. 3.3. Disbursement Generally.The City shall disburse Grant Funds to Grantee for the allowable Project Services that are undertaken during the Term of this Agreement, subject to the availability of sufficient moneys in and from the ARPA funding source. Grantee agrees that it shall provide to the City any information or detail regarding the expenditure of Grant Funds prior to future disbursements or as the City may request. 4. Conditions of Funding. 4.1. Project Activities. Grantee is a nonprofit organization that serves as a resource to the Woodburn and outlying areas providing vital meals and food service to benefit low-and moderate-income individuals. The Grantee has been operating the Community Meals Program out of the Church located at 1036 E. Lincoln Street, Woodburn, OR, with limited resources. Now, due to the increased demand for food assistance resulting from impacts of the Coronavirus pandemic,the Grantee has been faced with the needed to expand its meal program in order to serve a larger base of residents in need. It is the expectation of the City that Grantee shall utilize the Grant Funds to facilitate and support the Community Meal Program to provide expanded Project Services. On or before October 1, 2022, it is expected that Grantee shall provide increased capacity to service a larger number of meals to area residents and that Grantee will increase its level of Project Services to meet the community's needs. 4.2. Annual Project Work Plans. On or prior to September 12, 2022, and again on or prior to July 1, 2023, Grantee shall submit to the City a Project Work Plan that outlines Grantee's proposed project activities for the following year.The work plan should include, at a minimum, a proposed budget plan for expenditure of the Grant Funding, a Program staffing plan for the Community Meal Program, and any performance targets or goals for the upcoming year. 4.3. Eligible Use of Grant Funds. In providing Project Services under this Agreement, Grantee may use and expend Grant Funds for the following costs/purposes: (i) food and supplies to support the Community Meal Program. ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Immanuel Lutheran Church—Community Meal Program Page 2 of 9 39 Authorized or allowable costs exclude expenditures for any of the following: (i) religious instruction or recruitment; (ii) real estate purchases; (iii) lobbying or political activities; (iv) costs for providing services outside of North Marion County; (v) indirect costs and overheard not readily assignable to Project Services; and (vi) any activity prohibited by state, federal, or local law or rule. 4.4. Reporting. Grantee shall submit recurring reports and updates to the City related to the Project Services as follows: 4.4.1. Bi-Annual. Grantee shall submit to the City bi-annual expenditure and data reports that capture a summarized form of the Grant Fund expenditures of Grantee along with the service metric data for the Program for the previous bi-annual period. Along with the bi-annual reports, Grantee shall also include, as necessary, a summary of any material modifications Grantee has made to either its proposed budget or operational plan that differs significantly from its submitted Annual Project Work Plan. 4.4.2. Annual. Grantee shall submit a comprehensive annual report to the City that includes: (i) a narrative report that provides a description of activities, challenges, successes, and progress Grantee has made in providing Project Services in Woodburn; (ii) a data report that captures information such as level of service and number of community members served; and (iii) an annual expenditure report that includes a complete accounting of Grant Fund expenditures for the previous year. 4.4.3. Reporting Schedule. Grantee shall submit the bi-annual and annual reports as follows: 110 1 Irl MON Y1—Bi-Annual September 12,2022 to December 31,2022 January 31,2023 Y1—Annual Through June 30,2023 July 31,2023 Y2—Bi-Annual July 1,2023—December 31,2023 January 31, 2024 Y2—Annual Through June 30,2024 July 31,2024 4.5. Grant Administrator. Grantee has identified its Terri Gonzalez as its designated grant administrator and primary point of contact for the City for matters related to this Agreement 5. Grantee Representations &Warranties. Grantee represents and warrants to the City that: (a) Grantee is a non-profit entity duly organized and validly existing in the State of Oregon; (b) Grantee has all necessary rights, powers, and authority under any organizational documents and under Oregon law to (i) execute this Grant; (ii) incur and perform its obligations under this Grant; and (iii) receive financing, including the Grant Funds for this Project Services; and (c) There is no proceeding pending or threatened against Grantee before any court or governmental authority that if adversely determined would materially affect the ability of Grantee to carry out Project Services. ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Immanuel Lutheran Church—Community Meal Program Page 3 of 9 40 The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or warranties provided by Grantee. 6. Responsibilities of the City. 6.1. ARPA Compliance.The City retains responsibility for federal ARPA compliance requirements through the duration of this Agreement. 6.2. Grant Administrator.The City's Community Services Director shall be the City's designated grant administrator, coordinator, and primary point of contact for Grantee for matters related to this Agreement. 7. Default&Termination. 7.1. Default. 7.1.1. Grantee. Grantee will be in default under this Agreement upon the occurrence of any of the following events: (a) Grantee fails to use the Grant Funds for the intended purpose described in the Agreement or otherwise fails to perform, observe, or discharge any of its covenants, agreements, or obligations under this Agreement; (b) Any representation,warranty, or statement made by Grantee in this Agreement or in any documents relied upon by the City in issuing the Grant Funding is untrue in any material respect when made; or (c) A petition, proceeding or case is filed by or against Grantee under any federal or state bankruptcy, insolvency, receivership or other law relating to reorganization, liquidation, dissolution, winding up or adjustment of debts; in the case of a petition filed against Grantee, Grantee acquiesces to such petition or such petition is not dismissed within 20 calendar days after such filing, or such dismissal is not final or is subject to appeal; or Grantee becomes insolvent or admits its inability to pay its debts as they become due, or Grantee makes an assignment for the benefit of its creditors. 7.1.2. Com.The City will be in default under this Agreement if, after 30 days written notice specifying the nature of the default,the City fails to perform, observe, or discharge any of its covenants, agreements, or obligations under this Agreement; provided, however,the City will not be in default should the City fail to disburse Grant Funds because there is insufficient expenditure authority for, or moneys available from the ARPA funding source. ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Immanuel Lutheran Church—Community Meal Program Page 4 of 9 41 7.2. Remedies. 7.2.1. City Remedies. In the event Grantee is in default under Section 7.1.1,the City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: (i) termination of this Agreement under Section 7.3; (ii) reducing or withholding payment of Grant Funds; (iii) requiring Grantee to complete, at Grantee's expense, additional activities necessary to satisfy its obligations or meet performance standards under this Agreement; (iv) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; (v) exercise of its right of recovery of overpayments under Section 7.4; or(vi) declaring Grantee ineligible for the receipt of future awards from the City.These remedies are cumulative to the extent the remedies are not inconsistent, and the City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 7.2.2. Grantee Remedies. In the event the City is in default under Section 7.1.2 and whether or not Grantee elects to terminate this Agreement, Grantee's sole monetary remedy will be, within any limits set forth in this Agreement, the pro-rated amount of Grant Funds owing to Grantee through the date of termination, less any claims the City has against Grantee. In no event will the City be liable to Grantee for any expenses, direct, indirect, consequential or otherwise related to termination of this Agreement. 7.3. Termination. 7.3.1. Mutual.This Agreement may be terminated at any time by the mutual written consent of the Parties. 7.3.2. By the City.The City may terminate this Agreement as follows: (a) At the City's discretion, upon 30 days advanced written notice to Grantee prior to the following fiscal year funding schedule (i.e., 30 days prior to July 1st); (b) Immediately upon written notice to Grantee should the City fail to receive funding or appropriations or other expenditure authority at levels sufficient in the City's reasonable administrative discretion to perform its obligations under this Agreement; (c) Immediately upon written notice to Grantee, if federal or state laws, rules, regulations, or ARPA guidelines are modified or interpreted in such a way that the City's performance under this Agreement is prohibited or the City is prohibited from funding this grant from the ARPA funding source; or (d) Immediately upon written notice to Grantee, if Grantee is in default under this Agreement and such default remains uncured for 30 days after written notice is provided to Grantee. ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Immanuel Lutheran Church—Community Meal Program Page 5 of 9 42 7.3.3. By Grantee. Grantee may terminate this Agreement as follows: (a) At Grantee's discretion, upon 90 days advanced written notice to the City prior to the following fiscal year funding schedule (i.e., 90 days prior to July 1st); (b) Immediately upon written notice to the City, if the City is in default under this Agreement and such default remains uncured for 30 days after written notice is provided to the City. 7.4. Recovery of Grant Funds. Grantee must return to the City,within 30 days of City's written demand: (i) any Grant Funds paid to Grantee that exceed the amount to which Grantee is entitled under this Agreement; (ii) any Grant Funds received by Grantee that remain unexpended or contractually committed for Project Services by December 31, 2024; or (iii) any Grant Funds determined by the City to be expended for purposes other than allowable Grant Fund Expenditures under Section 4. 8. Non-Discrimination. Grantee shall provide access to its services on a basis that does not discriminate against any person on the basis of the person's race, color, sex, sexual orientation, religion, ethnicity, national origin, age, disability, familial status, marital status, gender identity, source of income,veteran status, or membership in any other protected class under state or federal law. 9. Limitation of Liability. Grantee shall take all necessary precautions and shall be responsible for the safety of its employees, volunteers, agents, and subcontractors in the performance of all services provided under this Agreement.The City shall not be liable for injury, damage, or loss suffered by Grantee, its employees,volunteers, agents, and subcontractors, not otherwise caused by the intentional acts of the City, its agents, employees, or contractors. 10. Indemnification. Grantee shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Grantee's performance and activities under this Agreement, except for that portion of the injuries and damages caused by the intentional acts of the City. 11. Insurance. Grantee shall ensure that the following insurance is procured and maintained for the duration of this Agreement in the types and amounts described as follows: 11.1. Workers' Compensation Insurance. Workers' Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers (contractors with one or more employees, and as defined by ORS 656.027). 11.2. General Liability Insurance. Commercial General Liability Insurance with coverage written on a per occurrence basis, in adequate quantity to protect against legal liability arising out of the Project Services, but no less than $1,000,000 each occurrence. It shall include contractual liability coverage for the indemnity provided under this Agreement. It shall also provide that the City of Woodburn and its officers, agents, and employees are Additional ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Immanuel Lutheran Church—Community Meal Program Page 6 of 9 43 Insureds but only with respect to Grantee's activities and services to be provided under this Agreement. 11.3. Notice of cancellation or change.There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s)without 30 days written notice from Grantee or its insurer(s) to the City. 11.4. Certificates of insurance. As evidence of the insurance coverages required by this Agreement, Grantee shall have on file and furnish upon request acceptable insurance certificates to the City prior to commencing the work.The certificate will specify all of the parties who are Additional Insureds. If requested, complete policy copies shall be provided to the City. Grantee shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 12. Relationship of the Parties. Nothing in this Agreement is intended, or is to be deemed to create a partnership or joint venture between the Parties. Grantee shall at no time hold itself out as a subsidiary or affiliate of the City. Further, nothing contained herein shall be deemed or construed by the Parties, nor by any third parties, as creating a relationship between the City and any officers, employees, volunteers, suppliers, contractors, or subcontractors used by Grantee to carry out any activities under this Agreement. 13. Subcontracts and Assignment; Successors and Assigns. City has selected Grantee based on its reputation and specialized expertise. Grantee shall not enter into any subcontracts for any of the activities required by this Agreement, or assign or transfer any of its interest in this Agreement without City's prior written consent. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and permitted assigns, if any. 14. No Third Party Beneficiaries.The City and Grantee are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement. 15. Miscellaneous. 15.1. Compliance with Applicable Law. Grantee shall comply with all federal, state and local laws, regulations, and ordinances applicable to this Agreement or to Grantee's obligations under this Agreement, as those laws, regulations and ordinances may be adopted or amended from time to time. 15.2. Records. Grantee must maintain all financial records relating to this grant Agreement in accordance with generally accepted accounting principles. In addition, Grantee must maintain any other records, whether in paper, electronic or other form, pertinent to this Agreement in such a manner as to clearly document Grantee's performance. All financial records and other records,whether in paper, electronic or other form,that are pertinent to this Agreement, are collectively referred to as "Records." Grantee acknowledges and agrees the City and the federal government and their duly authorized representatives will have access to all Records to perform ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Immanuel Lutheran Church—Community Meal Program Page 7 of 9 44 examinations and audits and make excerpts and transcripts. Grantee must retain and keep accessible all Records for a minimum of six(6)years, or such longer period as may be required by applicable law, following termination of this Agreement, or until the conclusion of any audit, controversy or litigation arising out of or related to this Agreement,whichever date is later. 15.3. Force Majeure. Neither the City, nor Grantee shall be held responsible for delay or default caused by fire, riot, acts of God, or war where such cause was beyond the reasonable control of the City or Grantee, respectively. Grantee shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Agreement. 15.4. Notices. Any notice under this Agreement must be in writing and will be effective when actually delivered in person or three (3) days after being deposited in the U.S. mail, registered or certified, postage prepaid and addressed to the party at the address stated in this Agreement or such other address as either party may designate by written notice to the other. Mailing addresses for the parties are as follows: (a) The City. City Administrator, City of Woodburn, 270 Montgomery Street, Woodburn, Oregon 97071. (b) Grantee.Terri Gonzalez, Immanuel Lutheran -Community Meal Program, 1036 E. Lincoln Street,Woodburn OR 97071 15.5. Severability.The parties agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 15.6. Governing Law; Venue; Consent to Jurisdiction.This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, "Claim") between the City and Grantee that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon. Grantee hereby agrees to the in personam jurisdiction of such court and waives any claims of an inconvenience forum. 15.7. Merger Clause; Waiver.This Agreement constitute the entire agreement between the parties on the subject matter hereof.There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given.The failure of the City to enforce any provision of this Agreement shall not constitute a waiver by the City of that or any other provision. ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Immanuel Lutheran Church—Community Meal Program Page 8 of 9 45 The Parties have executed this Agreement effective as of the day and year specified above. CITY OF WOODBURN, IMMANUEL LUTHERAN CHURCH, an Oregon municipal corporation an Oregon nonprofit corporation Scott Derickson, City Administrator By:Terri Gonzalez Community Meal Program Date Date ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Immanuel Lutheran Church—Community Meal Program Page 9 of 9 46 �'I'1 r I Iii♦ r} Y 9M& Its BU Pri,,�<;rrt rr rf aA'!R7 September 26, 2022 TO: Honorable Mayor and City Council through City Administrator FROM: Jesse Cuomo, Community Services Director SUBJECT: Utility Assistance Program - Additional Funding RECOMMENDATION: Authorize the City Administrator to sign the enclosed agreement with Love INC of North Marion County for the administration of the Utility Assistance Program for Fiscal Years 2022-23 and 2023-24, in the amount of up to $25,000.00 annually. BACKGROUND: In FY 15/16, the City Council approved the execution of a contract for the administration of a utility assistance program with Mid-Willamette Valley Community Action Agency (MWVCAA). That agreement was terminated approximately 12 months later, after it was determined that MWVCAA did not provide assistance to any Woodburn residents. In November 2016, the City entered into a similar agreement with the Society of St. Vincent DePaul (SVDP). Through April 2018, SVDP issued assistance totaling $1 ,675 to 23 Woodburn residents. Through the agreement close out process SVDP provided the City with all of the remaining funds that haven't been disbursed on behalf of utility customers. Love INC began providing assistance to utility customers on May 15, 2018 with an initial distribution of $5,000. Since the start of the partnership with Love INC in May of 2018, they have distributed $63,911 .38 to 473 program participants as of August 30, 2022. Providing an average of $135.12 of assistance per participant. It is clear that Love INC has been successful in providing assistance to significantly more utility customers than has been provided at any point during the program's history. In addition, in February of 2022 the City Council authorized the Low Income Household Water Assistance Program Agreement (LIHWA) between the City of Woodburn and the Mid-Willamette Valley Community Action Agency Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x- 47 Honorable Mayor and City Council September 26, 2022 Page 2 (MWVCAA), and the Oregon Housing and Community Services Department. Through this partnership, MWVCAA has provided $15,960.00 to 54 households as of September 2, 2022. Which is the second highest dollar amount of vendors/cities participating in the LIHWA program in Marion County. DISCUSSION: The City typically issues 15-20 shut of notices each week. The majority of the accounts are brought current, resulting in approximately 5-8 actual weekly shut- offs. The City's utility assistance program is intended to provide aid to residents who are experiencing difficulty in paying theirwater/ sewer bills. Qualifying applicants will be eligible to receive a maximum of $150.00 per account per 12-month period. During the Covid-19 pandemic, City staff have allowed allocations for up to $300.00 per account for those who were effected by Covid-19. Financial assistance will be paid directly to the City and will be applied to customers' outstanding balance. Eligibility criteria established for the utility assistance program is as follows: • Applicant resides in the City of Woodburn and demonstrates an emergency need • Applicant is the City of Woodburn utility account holder for which assistance is requested or an individual who has demonstrated financial responsibility for the delinquent account • Applicant has received and can show a past due notice and/or shut-off notice due to utility-related fees • Applicant has not received more than $150.00 ($300.00 if effected by Covid-19) in utility assistance from this Program during the previous 12 months • Applicant can show that Applicant or Applicant's demonstrated financial need meets Love INC's established criteria FINANCIAL IMPACT: The funding for the $25,000 distribution annually for FY 2022-23 and FY 2023-24 has been approved and included in the adopted FY 2022-23 budget as part of the approved ARPA allocations. 48 CITY OF WOODBURN ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT LOVE INC OF NORTH MARION COUNTY—UTILITY ASSISTSANCE PROGRAM THIS ARPA Funded Social Services Grant Agreement ("Agreement"), dated this day of , 2022 ("Effective Date"), is made and entered into by and between the City of Woodburn, an Oregon municipal corporation (the "City"), and the Love INC of North Marion County, an Oregon nonprofit corporation ("Grantee") (together the "Parties"). BACKGROUND A. The American Rescue Plan Act ("ARPA") is expected to provide the City with local fiscal recovery funds in the amount of approximately$5.8 million over the next two years. In October 2021, the City authorized the expenditure of ARPA funds to provide economic support for local nonprofit organizations, including funds for Grantee. B. The City has identified Grantee as a regional nonprofit organization that is an essential partner in administrating the Utility Assistance Program, especially as the needs of the community have grown as a result of the COVID-19 pandemic. C. Specifically, Grantee provides utility assistance to qualifying City of Woodburn applicants who are experiencing difficulty paying their water/sewer bills. D. The City desires to provide financial support for Grantee for Utility Assistance Program in order to assist in settling the delinquent City of Woodburn utility accounts of customers that are in jeopardy of having their utility services shut off due to lack of payment in the amount of fifty thousand dollars ($50,000) over two years. E. This Agreement provides for the terms and conditions under which Grantee shall receive and may expend the identified grant funding. THE PARTIES AGREE AS FOLLOWS: AGREEMENT 1. Purpose.The purpose of the grant funding is to support Grantee's operation of the Utility Assistance Program in order to assist in settling the delinquent City of Woodburn utility accounts of customers that are in jeopardy of having their utility services shut off due to lack of payment ("Project Services"). ARPA funding will be applied towards the costs incurred by Grantee to manage the Utility Assistance Program served at 970 N. Cascade Drive Suite 100, Woodburn, OR. 2. Effective Date & Duration.The Effective Date of this Agreement is as of the day and year specified above, and unless extended or terminated earlier in accordance with its terms,will expire on July 31, 2024. ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Love INC.of North Marion County—Utility Assistance Program Page 1 of 9 49 3. Grant Funding. 3.1. Grant Amount. In accordance with the terms and conditions of this Agreement, the City shall provide Grantee with fifty thousand 0/100 dollars ($50,000) ("Grant Funds") over the next two years to carry out the identified Project Services.The City shall disburse the Grant Funds from monies available through its federal ARPA funding. 3.2. Disbursement Schedule.The City shall allocate and distribute the Grant Funds to Grantee pursuant to the following schedule, up to$25,000 annually will be provided to Grantee in distribution amounts of$5,000: Funding Cycle Issuance Date Total Funds FY 2022-2023 Within 30 days of Effective Date $25,000 FY 2023-2024 July 1,2023 $25,000 *FY means the City's fiscal year that runs from July 1st—June 30th of the following calendar year. 3.3. Disbursement Generally.The City shall disburse Grant Funds to Grantee for the allowable Project Services that are undertaken during the Term of this Agreement, subject to the availability of sufficient moneys in and from the ARPA funding source. Grantee agrees that it shall provide to the City any information or detail regarding the expenditure of Grant Funds prior to future disbursements or as the City may request. 4. Conditions of Funding. 4.1.Project Activities. In servicing this Program, Grantee has the discretionary authority to pay utility bills and fees on behalf of Eligible Customers (defined in Section 4.2) for all City provided water and sewer utility services. Payment assistance shall be provided at a maximum of$150.00 per account per 12-month period or up to $300.00 for those impacted by Covid-19. Grantee shall ensure that all utility bill payments are made directly to the City and shall not make any direct financial allocations to eligible customers. 4.2.Selection of Eligible Customers. Grantee shall only provide financial assistance to those customers that meet the following general eligibility criteria, or modified Grantee criteria established with the City of Woodburn's approval: 4.2.1. Applicant resides in the City of Woodburn; 4.2.2. Applicant is the City of Woodburn utility account holder for which assistance is requested or an individual who has demonstrated financial responsibility for the delinquent account; 4.2.3. Applicant and/or Applicant's household has not received more than $150.00 in utility assistance from this Program during the previous 12 months or up to $300.00 for those impacted by Covid-19; 4.2.4. Applicant has received and can show a past due notice and/or shut-off notice due to utility—related fees; 4.2.5. Applicant can show that Applicant or Applicant's demonstrated financial need meets Love INC's established criteria. ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Love INC.of North Marion County—Utility Assistance Program Page 2 of 9 50 An applicant that meets the selection criteria outlined above, and who can readily be assisted by Love INC, meaning Grantee can pay an amount needed to avoid shut-off or pay past-due amounts, will be designated as an "Eligible Customer." In executing and providing Services under this Agreement, Grantee is prohibited from discriminating against applicants on the basis of race, color, national origin, religion, sex, gender identity(including gender expression), sexual orientation, disability, age, marital status, family/parental status, military status, or other classes protected under Oregon or federal statutes. 4.3. Eligible Use of Grant Funds. In providing Project Services under this Agreement, Grantee may use and expend Grant Funds for the following costs/purposes: (i) check stock, (ii) Grantee may retain 10%of actual financial utility assistance provided under this agreement as a reimbursement for program administration expenses. Authorized or allowable costs exclude expenditures for any of the following: (i) religious instruction or recruitment; (ii) real estate purchases; (iii) lobbying or political activities; (iv) costs for providing services outside of North Marion County; (v) indirect costs and overheard not readily assignable to Project Services; and (vi) any activity prohibited by state, federal, or local law or rule. 4.4. Reporting. Grantee shall submit recurring reports and updates to the City related to the Project Services as follows: 4.4.1. Bi-Annual. Grantee shall submit to the City bi-annual expenditure and data reports that capture a summarized form of the Grant Fund expenditures of Grantee along with the service metric data for the Program for the previous bi-annual period. Along with the bi-annual reports, Grantee shall also include, as necessary, a summary of any material modifications Grantee has made to either its proposed budget or operational plan that differs significantly from its submitted Annual Project Work Plan. 4.4.2. Annual. Grantee shall submit a comprehensive annual report to the City that includes: (i) a narrative report that provides a description of activities, challenges, successes, and progress Grantee has made in providing Project Services in Woodburn; (ii) a data report that captures information such as level of service and number of community members served; and (iii) an annual expenditure report that includes a complete accounting of Grant Fund expenditures for the previous year. 4.4.3. Reporting Schedule. Grantee shall submit the bi-annual and annual reports as follows: F1931011 RAW ", Irl Sri 5 Y1—Bi-Annual September 12,2022 to December 31,2022 January 31,2023 Y1—Annual Through June 30,2023 July 31,2023 Y2—Bi-Annual July 1,2023—December 31,2023 January 31, 2024 Y2—Annual Through June 30,2024 July 31,2024 4.5. Grant Administrator. Grantee has identified its Rosetta Wangerin as its designated grant administrator and primary point of contact for the City for matters related to this Agreement ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Love INC.of North Marion County—Utility Assistance Program Page 3 of 9 51 5. Grantee Representations &Warranties. Grantee represents and warrants to the City that: (a) Grantee is a non-profit entity duly organized and validly existing in the State of Oregon; (b) Grantee has all necessary rights, powers, and authority under any organizational documents and under Oregon law to (i) execute this Grant; (ii) incur and perform its obligations under this Grant; and (iii) receive financing, including the Grant Funds for this Project Services; and (c) There is no proceeding pending or threatened against Grantee before any court or governmental authority that if adversely determined would materially affect the ability of Grantee to carry out Project Services. The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or warranties provided by Grantee. 6. Responsibilities of the City. 6.1. ARPA Compliance.The City retains responsibility for federal ARPA compliance requirements through the duration of this Agreement. 6.2. Grant Administrator.The City's Community Services Director shall be the City's designated grant administrator, coordinator, and primary point of contact for Grantee for matters related to this Agreement. 7. Default&Termination. 7.1. Default. 7.1.1. Grantee. Grantee will be in default under this Agreement upon the occurrence of any of the following events: (a) Grantee fails to use the Grant Funds for the intended purpose described in the Agreement or otherwise fails to perform, observe, or discharge any of its covenants, agreements, or obligations under this Agreement; (b) Any representation,warranty, or statement made by Grantee in this Agreement or in any documents relied upon by the City in issuing the Grant Funding is untrue in any material respect when made; or (c) A petition, proceeding or case is filed by or against Grantee under any federal or state bankruptcy, insolvency, receivership or other law relating to reorganization, liquidation, dissolution, winding up or adjustment of debts; in the case of a petition filed against Grantee, Grantee acquiesces to such petition or such petition is not dismissed within 20 calendar days after such filing, or such dismissal is not final or is subject to appeal; or Grantee becomes insolvent or admits its inability to pay its ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Love INC.of North Marion County—Utility Assistance Program Page 4 of 9 52 debts as they become due, or Grantee makes an assignment for the benefit of its creditors. 7.1.2. Com.The City will be in default under this Agreement if, after 30 days written notice specifying the nature of the default,the City fails to perform, observe, or discharge any of its covenants, agreements, or obligations under this Agreement; provided, however,the City will not be in default should the City fail to disburse Grant Funds because there is insufficient expenditure authority for, or moneys available from the ARPA funding source. 7.2. Remedies. 7.2.1. City Remedies. In the event Grantee is in default under Section 7.1.1,the City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: (i) termination of this Agreement under Section 7.3; (ii) reducing or withholding payment of Grant Funds; (iii) requiring Grantee to complete, at Grantee's expense, additional activities necessary to satisfy its obligations or meet performance standards under this Agreement; (iv) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; (v) exercise of its right of recovery of overpayments under Section 7.4; or(vi) declaring Grantee ineligible for the receipt of future awards from the City.These remedies are cumulative to the extent the remedies are not inconsistent, and the City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 7.2.2. Grantee Remedies. In the event the City is in default under Section 7.1.2 and whether or not Grantee elects to terminate this Agreement, Grantee's sole monetary remedy will be, within any limits set forth in this Agreement, the pro-rated amount of Grant Funds owing to Grantee through the date of termination, less any claims the City has against Grantee. In no event will the City be liable to Grantee for any expenses, direct, indirect, consequential or otherwise related to termination of this Agreement. 7.3. Termination. 7.3.1. Mutual.This Agreement maybe terminated at anytime by the mutual written consent of the Parties. 7.3.2. By the City.The City may terminate this Agreement as follows: (a) At the City's discretion, upon 30 days advanced written notice to Grantee prior to the following fiscal year funding schedule (i.e., 30 days prior to July 1st); (b) Immediately upon written notice to Grantee should the City fail to receive funding or appropriations or other expenditure authority at levels sufficient in the City's reasonable administrative discretion to perform its obligations under this Agreement; ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Love INC.of North Marion County—Utility Assistance Program Page 5 of 9 53 (c) Immediately upon written notice to Grantee, if federal or state laws, rules, regulations, or ARPA guidelines are modified or interpreted in such a way that the City's performance under this Agreement is prohibited or the City is prohibited from funding this grant from the ARPA funding source; or (d) Immediately upon written notice to Grantee, if Grantee is in default under this Agreement and such default remains uncured for 30 days after written notice is provided to Grantee. 7.3.3. By Grantee. Grantee may terminate this Agreement as follows: (a) At Grantee's discretion, upon 90 days advanced written notice to the City prior to the following fiscal year funding schedule (i.e., 90 days prior to July 1st); (b) Immediately upon written notice to the City, if the City is in default under this Agreement and such default remains uncured for 30 days after written notice is provided to the City. 7.4.Recovery of Grant Funds. Grantee must return to the City,within 30 days of City's written demand: (i) any Grant Funds paid to Grantee that exceed the amount to which Grantee is entitled under this Agreement; (ii) any Grant Funds received by Grantee that remain unexpended or contractually committed for Project Services by December 31, 2024; or(iii) any Grant Funds determined by the City to be expended for purposes other than allowable Grant Fund Expenditures under Section 4. 8. Non-Discrimination. Grantee shall provide access to its services on a basis that does not discriminate against any person on the basis of the person's race, color, sex, sexual orientation, religion, ethnicity, national origin, age, disability, familial status, marital status, gender identity, source of income,veteran status, or membership in any other protected class under state or federal law. 9. Limitation of Liability. Grantee shall take all necessary precautions and shall be responsible for the safety of its employees, volunteers, agents, and subcontractors in the performance of all services provided under this Agreement.The City shall not be liable for injury, damage, or loss suffered by Grantee, its employees,volunteers, agents, and subcontractors, not otherwise caused by the intentional acts of the City, its agents, employees, or contractors. 10. Indemnification. Grantee shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Grantee's performance and activities under this Agreement, except for that portion of the injuries and damages caused by the intentional acts of the City. 11. Insurance. Grantee shall ensure that the following insurance is procured and maintained for the duration of this Agreement in the types and amounts described as follows: 11.1. Workers' Compensation Insurance. Workers' Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Love INC.of North Marion County—Utility Assistance Program Page 6 of 9 54 coverage for all their subject workers (contractors with one or more employees, and as defined by ORS 656.027). 11.2. General Liability Insurance. Commercial General Liability Insurance with coverage written on a per occurrence basis, in adequate quantity to protect against legal liability arising out of the Project Services, but no less than $1,000,000 each occurrence. It shall include contractual liability coverage for the indemnity provided under this Agreement. It shall also provide that the City of Woodburn and its officers, agents, and employees are Additional Insureds but only with respect to Grantee's activities and services to be provided under this Agreement. 11.3. Notice of cancellation or change.There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s)without 30 days written notice from Grantee or its insurer(s)to the City. 11.4. Certificates of insurance. As evidence of the insurance coverages required by this Agreement, Grantee shall have on file and furnish upon request acceptable insurance certificates to the City prior to commencing the work.The certificate will specify all of the parties who are Additional Insureds. If requested, complete policy copies shall be provided to the City. Grantee shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 12. Relationship of the Parties. Nothing in this Agreement is intended, or is to be deemed to create a partnership or joint venture between the Parties. Grantee shall at no time hold itself out as a subsidiary or affiliate of the City. Further, nothing contained herein shall be deemed or construed by the Parties, nor by any third parties, as creating a relationship between the City and any officers, employees, volunteers, suppliers, contractors, or subcontractors used by Grantee to carry out any activities under this Agreement. 13. Subcontracts and Assignment; Successors and Assigns. City has selected Grantee based on its reputation and specialized expertise. Grantee shall not enter into any subcontracts for any of the activities required by this Agreement, or assign or transfer any of its interest in this Agreement without City's prior written consent. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and permitted assigns, if any. 14. No Third Party Beneficiaries.The City and Grantee are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement. 15. Miscellaneous. 15.1. Compliance with Applicable Law. Grantee shall comply with all federal, state and local laws, regulations, and ordinances applicable to this Agreement or to Grantee's obligations under this Agreement, as those laws, regulations and ordinances may be adopted or amended from time to time. ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Love INC.of North Marion County—Utility Assistance Program Page 7 of 9 55 15.2. Records. Grantee must maintain all financial records relating to this grant Agreement in accordance with generally accepted accounting principles. In addition, Grantee must maintain any other records, whether in paper, electronic or other form, pertinent to this Agreement in such a manner as to clearly document Grantee's performance. All financial records and other records,whether in paper, electronic or other form,that are pertinent to this Agreement, are collectively referred to as "Records." Grantee acknowledges and agrees the City and the federal government and their duly authorized representatives will have access to all Records to perform examinations and audits and make excerpts and transcripts. Grantee must retain and keep accessible all Records for a minimum of six (6)years, or such longer period as may be required by applicable law, following termination of this Agreement, or until the conclusion of any audit, controversy or litigation arising out of or related to this Agreement,whichever date is later. 15.3. Force Majeure. Neither the City, nor Grantee shall be held responsible for delay or default caused by fire, riot, acts of God, or war where such cause was beyond the reasonable control of the City or Grantee, respectively. Grantee shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Agreement. 15.4. Notices. Any notice under this Agreement must be in writing and will be effective when actually delivered in person or three (3) days after being deposited in the U.S. mail, registered or certified, postage prepaid and addressed to the party at the address stated in this Agreement or such other address as either party may designate by written notice to the other. Mailing addresses for the parties are as follows: (a) The City. City Administrator, City of Woodburn, 270 Montgomery Street, Woodburn, Oregon 97071. (b) Grantee. Rosetta Wangerin, Love INC. of North Marion County -Utility Assistance Program, 970 N. Cascade Drive Suite 100,Woodburn OR 97071 15.5 Relationship of the Parties. Grantee shall at no time hold itself out as an agent, subsidiary, or affiliate of the City. This Agreement will not be construed so as to create a partnership between the parties or a relationship between the City and any suppliers, employees, contractors or subcontractors used by Grantee to carry out functions or Services under this Agreement. Additionally, each party shall obtain prior written approval from the other party prior to using the other party's trademarks, trade names, logos, or images (collectively, " Proprietary Marks") in connection with carrying out projects or activities under this Agreement.This applies to all uses regardless of whether on the web, in print, or in any other media. Once approved, similar uses in the same context and format will not require additional approval. In the event this agreement expires or terminates for any reason, each party shall immediately discontinue using the other Party's Proprietary Marks. 15.6. Severability.The parties agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Love INC.of North Marion County—Utility Assistance Program Page 8 of 9 56 obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 15.7. Governing Law; Venue; Consent to Jurisdiction.This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, "Claim") between the City and Grantee that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon. Grantee hereby agrees to the in personam jurisdiction of such court and waives any claims of an inconvenience forum. 15.8. Merger Clause; Waiver.This Agreement constitute the entire agreement between the parties on the subject matter hereof.There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given.The failure of the City to enforce any provision of this Agreement shall not constitute a waiver by the City of that or any other provision. The Parties have executed this Agreement effective as of the day and year specified above. CITY OF WOODBURN, LOVE INC. OF NORTH MARION COUNTY, an Oregon municipal corporation an Oregon nonprofit corporation Scott Derickson, City Administrator By: Rosetta Wangerin Utility Assistance Program Date Date ARPA FUNDED SOCIAL SERVICES GRANT AGREEMENT Love INC.of North Marion County—Utility Assistance Program Page 9 of 9 57 �'I'1 r I Iii♦ r} Y 9M& Its BU Pri,,�<;rrt rr rf aA'!R7 September 26, 2022 TO: Honorable Mayor and City Council FROM: Scott C. Derickson, City Administrator SUBJECT: First Amendment to ARPA Funded Services Grant Agreement with Liberty House RECOMMENDATION: Authorize the City Administrator to sign an amendment to the ARPA Funded Services Grant Agreement with Liberty House to increase the amount of grant funding with an additional one-time payment of $120,000.00 to expand the scope of Project Services provided to the City and its residents. BACKGROUND: The American Rescue Plan Act ("ARPA") is expected to provide the City with local fiscal recovery funds in the amount of approximately $5.8 million over the next two years. In October 2021 , the City authorized the expenditure of ARPA funds to provide economic support for local nonprofit organizations, including funds for Liberty House. The City has identified Liberty House as an eligible nonprofit organization and an essential partner in providing vital services in Woodburn, especially as the needs of the community have grown as a result of the COVID-19 pandemic. The City of Woodburn initially entered into an ARPA Funded Services Grant Agreement effective February 1 , 2022 ("Original Agreement") with Liberty House with certain annual operating payment(s) ($40,000/year) in exchange for Liberty House's administration of identified Project Services, including education and outreach program services a minimum of 3 days per week, 6 hours per day for the benefit of City residents. The City desires to provide additional financial support for Grantee in the amount of $120,000.00 to expand the scope of Project Services to be provided by Liberty House in the Original Agreement; this expansion of services would include Clinical services for medical assessment, forensic interviewing, and family support/victim advocacy for children and their caregivers. Agenda Item Review: City Administrator_x City Attorney_x_ Finance_x 58 Honorable Mayor and City Council September 26, 2022 Page 2 The proposed Amendment and Original Agreement provides the terms and conditions under which Liberty House shall receive and may expend the ARPA funding. Authorized or allowable costs exclude expenditures for any of the following: (i) religious instruction or recruitment; (ii) real estate purchases; (iii) lobbying or political activities; (iv) costs for providing services outside of North Marion County; (v) indirect costs and overheard not readily assignable to Project Services; and (vi) any activity prohibited by state, federal, or local law or rule. DISCUSSION/ FINANCIAL IMPACT: The proposed Amendment to the ARPA Funded Services Grant Agreement is to support Liberty House in the recruitment, training and deployment of personnel for medical provider services, forensic interviewing, family support/victim advocacy, medical assistance and reception. Sufficient ARPA funds have been approved and are included in the adopted FY 2022-23 budget. The total FY 2022-23 fiscal impact of the proposed Amendment is One Hundred and Twenty Thousand Dollars ($120,000.00). 59 FIRST AMENDMENT TO ARPA FUNDED SERVICES GRANT AGREEMENT WITH LIBERTY HOUSE THIS First Amendment to the ARPA Funded Services Grant Agreement ("First Amendment") is entered into between the City of Woodburn, an Oregon municipal corporation (the "City") and Liberty House (collectively the "Parties"). BACKGROUND WHEREAS, the City and Liberty House previously entered into that ARPA Funded Services Grant Agreement effective February 1, 2022 ("Original Agreement"), whereby the City agreed to provide Liberty House with certain annual operating payment(s) ($40,000/year) in exchange for Liberty House's administration of identified Project Services, including education and outreach programs a minimum of 3 days per week, 6 hours per day for the benefit of City residents; WHEREAS, the Parties desire to enter into this First Amendment to expand the scope of Project Services to be provided by Liberty House in the Original Agreement to include Clinical services for medical assessment, forensic interviewing, and family support/victim advocacy for children and their caregivers, in exchange for the City increasing the Grant Funding with an additional one-time payment of$120,000.00; WHEREAS, all terms not otherwise defined herein shall have the meaning assigned to them in the Original Agreement; and NOW, THEREFORE, the Parties agree to amend the Original Agreement as follows: FIRST AMENDMENT 1. Scope of Project Services & Activities. Where Sections 1 and 4.1 of the Original Agreement identify Project Services and Activities to be performed by Liberty House as Grantee and recipient of ARPA Grant Funds from the City, those sections are hereby amended to expand and include within their scope the following: (i) Establishing Clinical services for the medical assessment, forensic interviewing, and family support/victim advocacy for children and their caregivers. (ii) Increases to the Grant Funding amount will hereafter support the recruitment, training and deployment of the positions needed for opening Clinical services as well as maintaining Prevention Services in Woodburn to serve all of Woodburn and children and families in North Marion County. 2. Grant Funding. Sections 3.1 —3.3. of the Original Agreement are hereby amended such that the City agrees to increase the Grant Amount being awarded to Liberty House with an additional one-time payment of $120,000.00. This increased funding is being provided in consideration of the increased scope of services identified above. Disbursement of this additional FIRST AMENDMENT TO ARPA FUNDED SERVICES GRANT AGREEMENT Liberty House Page 1 of 3 60 one-time funding amount will be paid to Liberty House within 30 days of the effective date of this First Amendment. 3. Except as amended by this First Amendment, all other terms and conditions of the Original Agreement shall remain in full force and effect. [Signature page follows] FIRST AMENDMENT TO ARPA FUNDED SERVICES GRANT AGREEMENT Liberty House Page 2 of 3 61 IN WITNESS WHEREOF,the Parties have executed this First Amendment effective as of the last date of signature specified below. CITY OF WOODBURN, LIBERTY HOUSE an Oregon municipal corporation an Oregon domestic nonprofit corporation Scott Derickson, City Administrator By: Its: Date Date FIRST AMENDMENT TO ARPA FUNDED SERVICES GRANT AGREEMENT Liberty House Page 3 of 3 62 OFF I Iii♦ r} BU September 26, 2022 To: Honorable Mayor and City Council through City Administrator From: Chris Kerr, Community Development Director ' ', Colin Cortes, AICP, CNU-A, Senior Planner Subject: Call-Up Briefing: Planning Commission approval of a Conditional Use Permit & Design Review application package for the Woodburn Place West Apartments at 2045 Molalla Rd (Hwy 211) (CU 22-01 & DR 22-08) RECOMMENDATION: Staff briefs the Council on this item pursuant to a'N'aa,;�I�vae„a_rrp I)eVe_a:auirrieroll (bra� na n ll:.:��,:� Section 4.02.02. (The Council may call up this item for review if desired and, by majority vote, initiate a review of this Commission decision.) BACKGROUND: The Planning Commission held a public hearing on September 8, 2022 and unanimously approved the consolidated applications package (Type III) with the conditions recommended by staff through the staff report published September 1 and the September 8 addendum staff memo. The Commission expressed concern with ongoing traffic issues in the vicinity and expressed a desire for the City to work with ODOT to make needed improvements at the intersection of OR 211 and 99E. Images See the next few pages for an aerial photo, site plans, and building facades. Agenda Item Review: City Administrator_x_ City Attorney_x 63 i� II i I 1 S r ii 11 iG; /1 u I ( i F I m County aerial with subject property outlined in green Page 2 of 5 64 ..........................................................................yy.............................................................................................................................................................................................................. rx exwm ? 1 s M I f 3�— I VE -17 N owns y 7.1"r MUC IW LL 'a '�7 E Gn I i i ? l . � slrvrE _ n ' .,� i Site plan (Note: Staff colored the applicant's plan) Page 3 of 5 65 i I I� z is i—rr t 3� r u r r n Site plan overlaid on aerial view ............... 01 ILI] =111_ t ----------AL w i � Fagade views from highway Project Description The project redevelops a demolished rural homestead of approximately 9.62 acres into 258 apartments across 22 three-story walk-up buildings. It is a de facto expansion westward of Woodburn Place Apartments at 2145 Molalla Road, which is 220 apartments that the Council approved through ANX 2019-01 on March 8, 2021 . No variances are necessary for the development. Street Improvements The developer will widen Molalla Road (Oregon Highway 21 1 ) to have a two- way left turn lane (TWLTL), two westbound lanes, curb, 8-foot wide landscape strip with street trees and grass, and 8-foot wide sidewalk. Page 4 of 5 66 Staff and the developer have worked to produce a positive development by focusing on several things: 1 . Site layout, including common area improvements and enhanced landscaping in the front yard; 2. Frontage/street improvements including sidewalk and street trees; 3. Off-site sidewalk improvements connecting the frontage to the west and south with existing bicycle and sidewalk infrastructure at OR 99E; 4. Additional off-site improvements or fees in lieu of construction to alleviate traffic congestion and improve walking, cycling, local and regional bus ridership, and vanpooling; and 5. Identification and reservation of part of Street Corridor "C" and all of Street Corridor "J" for future streets per the City Transportation System Plan (TSP). Zoning The subject property is in the Commercial General (CG) zoning district. In the CG district, multiple-family dwellings (i.e. apartments) are a conditional use (CU) in CG except prohibited altogether near I-5 within the Interchange Management Area (IMA) Overlay District. Testimony One party testified both in support of some aspects and in opposition to other aspects of the project: • Sharon P. Schmidt, 1493 Greenview CT. In short, testimony was support for greater availability of rental housing due to family members seeking such but also concern about increased difficulty of driving, particularly turning onto Molalla Road from south to west. Appeal Any of the parties with standing can appeal the Commission final decision per WDO 4.02.01 B no later than September 27, 2022, and the Council would make a determination on the appeal after holding another noticed public hearing. Page 5 of 5 67 Mayor and City Council of Woodburn Oregon 270 Montgomery St. Woodburn,OR 97071 We,the undersigned Residents of the Smith Creek and Montebello Subdivisions petition the Mayor and Council ofWoodburn asfollows: * Requests for more police patrol during the evening and nighttime hours w Requests for Speedbunnps * Requests for posted speed limit signs * Requests for additional 4 way stop signs, particularly at Evergreen Rd and Harvard Dr,where there is a bus stop for the area schools, or at intersections for children crossing streets to go to school. o These requests are due to motorist driving through our neighborhoods at excessive speeds. Ignoring the stop signs and performing dangerous driving activities,such as peeling out and spinning their vehicles incircles, leaving skid marks mnthe streets. By signing this petition, I acknowledge that this petition will become a public document and all enclosed information will become publicly available toall. Name Address Date Signature '/� Name Address Date "S.iggo Te ,-r� a'4�..._ "Ka 77) �7 ON ASTI. S "4 Man, f7doom 29,§43 ASK-S ri, a i x6l- An MAS O.-LD 1204 WLTAK .gym � oin bl/ 72z- 9,771/ PC ij YD -Z llz,:,- lr.Z 3 IL '5 L L7 1 12 Q, STRIP j vi, Qj 977 w j 041- MARK CIO SW o� �z Z- 1 , <1 7 v LOL, "L „t`4 (j, T Name Address Date Signaturesi., LOAN. 5 IS! SO Af- -11,14- ✓ 40 2:7, iln 7 -IN rat 'K WAVY M:: a w oil A 14 115 INA, 1-1 SAN Z& ,4"Tv T", `? '. 1-v7-4, '1-7�- 2 7 7, 114 ,mill now, efL"r i " .,l a C LA 1 WAV TWA )& cc;'ur G'� to inn, fy hir [kid (huhawl. qs lwvas Puy al 14AL - ' ' ~ MaVor and City Council of Woodburn Oregon 270 Montgomery St. Woodburn,OR 97071 _ We,the undersigned Residents of the Smith Creek and Montebello Subdivisions petition the Mayor and Council ofWoodburn asfollows: * Requests for more police patrol during the evening and nighttime hours * Requests for Speedbunnps * Requests for posted speed limit signs * Requests for additional 4way stop signs, particularly atEvergreen Rdand Harvard Dr,where there isabus stop for the area schools, or at intersections for children crossing streets to go to school. o These requests are due to motorist driving through our neighborhoods at excessive speeds. Ignoring the stop signs and performing dangerous driving activities,such as peeling out and spinning their vehicles in circles., leaving skid marks on the streets. Bysigning this petition, iacknowledge that this petition will become apublic document and all enclosed information will become publicly available to all. Name Address Date Signature kid 9f, r. y � 5eA OSA 10" p � Lam 1332 &n 3V'm c 9 3i 1 e-"� nEwm 2-!QIh u "`mLL✓6V L�"� e"Y. i4..� u,tu/�'l `'�,�®w✓e^1�0 � G � J / A" hc`v��,s�i3�� 4 �' +"�