Agenda - 06/26/2006
CITY OF WOODBURN
CITY COUNCIL AGENDA
JUNE 26, 2006 - 7:00 P.M.
KATHRYN FIGLEY, MAYOR
WALTER NICHOLS, COUNCILOR WARD 1
RICHARD BJELLAND, COUNCILOR WARD II
PETER MCCALLUM, COUNCILOR WARD III
JAMES COX, COUNCILOR WARD IV
FRANK LONERGAN, COUNCILOR WARD V
EUDA SIFUENTEZ, COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET
,. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. In observance of Independence Day, City Hall and the Library
will be closed Tuesday, July 4,2006. The Aquatic Centerwill be
open from 1 p.m, to 4 p.m.
B. Independence Day Celebration - July 4th at Centennial Park
starting at 5 p.m. with the 234th Army Band at 8:30 followed by
fireworks at 10 p.m.
C. The Woodburn Public Library's Summer Reading program
continues through the end of July and offers incentives to
children for reading. Other special summer programs include
performers, crafts, story times, a weekly Read to the Dog
program, games, puzzles and videos. There is also a program
for teens that ends in mid-August
D. A public hearing will be held on July 10, 2006 at 7 p,m. to
consider the Country Club Road LID.
Appointments:
None.
4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
A. Recreation and Parks Month
,
Presentations:
None.
UHabra interrJretes oisponibles para aquellas personas que no bablan Ingles, previo acueroo. Comuniquese
al (503) 980-2.485,"
June 26, 2006
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5. COMMITTEE REPORTS
A. Chamber of Commerce
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 enacted by one motion. Any item may be removed
for discussion at the request of a Council member.
A. Woodburn City Council minutes of June 12,2006 2
Recommended Action: Approve the minutes.
B. Woodburn Recreation and Park Board draft minutes of June 13, 15
2006
Recommended Action: Accept the draft minutes.
C. Police Department Statistics - May 2006 18
Recommended Action: Receive the report.
D. Telecommunications Franchise with DataVision Communi- 24
cations
Recommended Action: Information only.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
None.
June 26, 2006
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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. Council Bill 2629 - Ordinance adopting a supplemental budget 30
for fiscal year 2005-2006 and declaring an emergency
Recommended Action: Adopt the ordinance.
B. Council Bill 2630 - Ordinance adopting a budget for fiscal year 35
2006-07, making appropriations, levying taxes, and declaring
an emergency
Recommended Action: Adopt the ordinance.
C. Council Bill 2631 - Resolution certifying the eligibility of the City 46
of Woodburn to receive state-shared revenues during fiscal
year 2006 -2007
Recommended Action: Adopt the resolution.
D. Council Bill 2632 - Resolution declaring the City's election to 48
receive state revenues during fiscal year 2006-2007
Recommended Action: Adopt the resolution.
E. Council Bill 2633 Resolution entering into an 50
Intergovernmental Agreement with Chemeketa Community
College for participation in the Chemeketa Cooperative
Regional library Service (CCRLS) and authorizing the Mayor to
sign said agreement
Recommended Action: Adopt the resolution.
F. Highway 214 Sidewalk Phase 2 Contract Award 55
Recommended Action: Award a contract to W &H Pacific, Inc.
for consulting design services in connection with Highway 214
Sidewalk - Phase 2 and authorize the City Administrator to
execute an agreement for services in an amount not to
exceed $107,021 .29.
G. Intergovernmental Agreement - Highway 214 Sidewalk Phase 3 73
Recommended Action: Authorize the City Administrator to
execute an Intergovernmental Agreement (/GA) pertaining to
Transportation Enhancement (TE) funding with Oregon
Department of Transportation (ODOT).
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H. Engineering Report for Tout Street 91
Recommended Action: Approve the engineering report for
Tout Street Improvement from Settlemier Avenue to Front
Street, and direct staff to prepare a resolution of intent to
improve.
I. Liquor License Change of Ownership 104
Recommended Action: Approve a change of ownership
application for Fonzies Deli.
J. Liquor license New Outlet 107
Recommended Action: Approve a liquor license application
for Woodburn Grocery Outlet.
K. Liability, Auto, Property, and Workers' Compensation Insurance 110
for fiscal Year 2006-07
Recommended Action: Authorize the City Administrator to
execute liability, auto, property, and workers' compensation
insurance contracts with City Council Insurance Services for
fiscal year 2006-07.
L. Site Lease Agreement with PCUN 115
Recommended Action: Approve, and authorize the City
Administrator to execute the attached site lease agreement
with Pineros y Campesinos Unidos del Noreste, Inc. and Centro
de Servicios para Campesinos, Inc.
M. Reimbursement Agreement for Services, Materials and Projects 126
Recommended Action: The Urban Renewal Agency and the
City Council approve and authorize, respectively, the Chair of
the Agency and the City Administrator to execute the
attached reimbursement agreement between the Woodburn
Urban Renewal Agency and the City of Woodburn for fiscal
year 2006-07.
N. County Periodic Review Agreement
Recommended Action: Receive report.
133
O. Weed and Seed Letter of Intent 137
Recommended Action: Approve the Letter of Intent to submit
an application for the FY-2007 Weed and Seed Grant.
P. KaBOOM Playground Replacement Agreement 142
Recommended Action: Enter into a grant contract with
KaBoom! to replace the playground at Nelson Park.
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12. NEW BUSINESS
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. Community Development Director's Approval of Design Review 152
06-03 located at 2885 National Way
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 (1 )(h).
B. To consider records that are exempt by law from public
inspection pursuant to ORS 192.660 (1 ) (f).
17. ADJOURNMENT
June 26, 2006
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4A
JULY IS RECRBATION AND PAIU<S MONTH
PUBLIC PARKS AND RECREATION SYSTEMS ARE DEDICATED TO ENHANCING THE
QUALTIY OF LIFE FOR MILLIONS OF RESIDENTS IN COMMUNITIES AROUND THE WORLD
THROUGH RECREATION PROGRAMMING, LEISURE AcnvrnES, AND CONSERVATION
EFFORTS.
WHEREAS, THE MISSION OF THE WOODBURN RECREATION AND PARKS
DEPARTMENT IS TO BUILD A SENSE OF SPIRIT AND PRIDE IN OUR CULTURALLY
DIVERSE COMMUNTIY BY PROVIDING QUALTIY SERVICES TIlAT ENCOURAGE A HEALTHY
LIFESTYLE AND IMPROVE THE SAFE'IY AND QUALTIY OF LIFE IN OUR COMMUNTIY,
AND
WHEREAS, PARTICIPATING IN RECREATION PROVIDES OPPORTUNITIES FOR
CHILDREN, YOUTH, ADULTS AND SENIORS TO HAVE LIFE-LONG FULFILLMENT, FOSTERS
A SENSE OF COMMUNTIY, AND BRIDGES CULTURES, AND
WHEREAS, THROUGH THE MANY CONTRIBUTIONS OF EMPLOYEES AND
VOLUNTEERS IN PROVIDING RECREATION PROGRAMS, WE RECOGNIZE TIlAT THESE
DEDICATED SUPPORTERS IMPLEMENT YOUTH AcnvrnES AND ENSURE TIlAT THE
PARKS AND RECREATION FACILITIES ARE SAFE AND ACCESSIBLE PLACES FOR CITIZENS
TO ENJOY, AND
WHEREAS, THE WOODBURN RECREATION AND PARKS BOARD ARTICULATES
THE NEEDS FOR RECREATION PROGRAMS AND PARK SPACES AND ADVOCATES FOR THE
DEVELOPMENT OF PARKS AND OPEN SPACES IN THE COMMUNTIY,
NOW, THEREFORE , BE IT PROCLAIMED BY THE CTIY OF WOODBURN
TIlAT JULY IS RECREATION AND PARKS MONTH, AND, AS MAYOR, I AND
ENCOURAGE ALL CITIZENS OF THE CTIY OF WOODBURN TO ENJOY OUR PARKS AND
PARTICIPATE IN RECREATION PROGRAMS.
EREOF, I HAVE HEREUNTO SET MY HAND AND CAUSED
WOODBURN TO BE AFFIXED THIS 26TH DAY OF JUNE 2006.
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COUNCIL MEETING MINUTES
JUNE 12, 2006
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0001 DATE. COUNCIL CHAt'\1BERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, JUNE 12,2006.
0010 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present
Present
Present
Present
Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Police Chief Russell, Finance Director Gillespie, Recreation Services Manager
Patterson, City Recorder Tennant
0042 ANNOUNCEMENTS.
A) RSVP Volunteer Appreciation Event: An "Old Fashioned Strawberry Social" will
be held on Saturday, June 24, 2006, from 2:00 pm until 3:30 pm at Cascade Park
Retirement Center.
B) Summer Reading Program: Sign-ups for this year's Summer Reading Program will
begin on June 17,2006 at the Library. This year's theme is "Paws, Claws, Scales &
Tales".
C) Library Closure during the summer months: Beginning Sunday, June 18,2006, the
Library will be closed on Sundays through the summer months and will re-open on
September 10, 2006.
D) Relay for Life Event: This annual event will begin on Friday, June 23, 2006 at 6:00
pm and conclude on Saturday, June 24, 2006 at 12:00 noon. Proceeds from this event
will benefit the American Cancer Society.
Introduction of new Assistant City Attorney.
City Attorney Shields introduced Jonathan Stuart as the City's new Assistant City
Attorney who started his employment with the City on June 1,2006. He stated that Mr.
Stuart is a recent graduate from Law School, however, with his work experience from
City County Insurance Services and, prior to that, as a Law Clerk in the Marion County
District Attorney's office, he feels that Mr. Stuart has made good use of his time to
acquire the legal background which will be of a benefit to the City.
0198 APPOINT:\.lENT: LIBRARY BOARD - POSITION I.
Mayor Figley appointed Ardis Knauf to serve on the Library Board - Position I, with her
tcnn expiring on December 31, 2006.
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NICHOLS/SIFUENTEZ.... approve the appointment of Ardis Knauf to the Library
Board with her term expiring on December 31, 2006. The motion passed unanimously.
0230 PROCLAMATION : RELAY FOR LIFE WEEK - JUNE 19-25.2006.
Mayor Figley read the proclamation declaring the week of June 19-25,2006 as Relay for
Life Week within the City and June 23-24, 2006 as Relay for Life Days and urged local
citizens to support this annual community event. She urged citizens to show support to
those individuals living with cancer and to honor those individuals who have lost their
lives to cancer.
She also stated that a corporate banner is hanging at the entrance to City Hall since the
City is a platinum sponsor for this event. Personal donations made by the Mayor,
Council, and senior management staffpaid for this platinum sponsorship.
Mayor Figley presented the framed proclamation to Event Chairperson James Audritsh.
Mr. Audritsh expressed his appreciation to the City for their support and encouraged the
public to attend this annual event.
0490 PRESENTATION: WOODBURN SCHOOL DISTRICT FACILITIES REPORT.
School Superintendent Blomberg stated that a Facilities Task Force has been meeting
over the last nine (9) months to evaluate school facilities needs based on projected
growth, current facility needs and future facility needs. The Task Force consisted of
approximately 20 individuals representing all segments of the community and they have
recommended the following:
1) need to construct enough space for an additional 750 students in grades K-8;
2) core facility at Nellie Muir School be expanded with the addition of 10 classrooms;
3) expand the High School; and
4) purchase property within the Urban Growth Boundary for a future school site.
He stated that W oodbum is one of the youngest and fastest growing communities and it is
anticipated that the School District will grow by almost 2,000 students over the next 10
years. The District currently has approximately 4,800 students with over 900 of those
students being taught in modular classrooms. At Washington and Lincoln elementary
schools, about one-third (1/3) of the students are taught in a modular classroom. He
reviewed the student population at each one of the schools all of which are well beyond
the core facility limitations in addition to the impact the increased student population has
on the libraries and cafeterias. The estimated cost of a new K-S school is approximately
$26 million, expansion of Nellie Muir core facility is approximately $8.7 million, High
Schoo 1 expansion is $3.1 million, and the purchase of an estimated 10 acres ofland will
be between $2-$3 million in today's market. If the total package is kept under $40
million, the cost to the taxpayer will be about $2.00 per $1,000 assessed valuation. He
stated that the School District can no longer afford to use their reserves to buy space or
rent modular units without diminishing their ability to serve the students. The City
continues to see residential growth which results in more students within the schools. In
regards to construction costs, it will only get more expensive in the future and, in
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comparison to 10 years ago, current construction costs have doubled. He also stated that
the District has made some very positive gains in student achievement and continuing to
overcrowd the present facilities will jeopardize the progress made to date. In his opinion,
good schools and good facilities benefit the entire community and they can be the pride of
any community.
Councilor Cox questioned if the property owned by the School District, which is outside
of the City's current urban growth boundary, will be a location for a new school.
Superintendent Blomberg stated that even if that particular piece of property is brought
into the urban growth boundary within the near future, he did not see it as a viable option
for the location of the next school since the infrastructure is not there and it would be cost
prohibitive at this time within the projected bond measure amount. In regards to the Task
Force report, the Board is in the process of talking about the report and getting the
recommendations out to the community for comments. No later than their July meeting,
the School Board will need to act on the report by either approving it in whole or
modifying the report.
Councilor McCallum questioned if there was a commitment to build a school in the
future at the east Woodburn site which is currently outside of the urban growth boundary.
Superintendent Blomberg stated that the property was purchased with the intent to build a
school at that location but there are no short term plans to build at this location. The land
is still in the ownership of the School District but until residential growth is around the
site and infrastructure is available, the District does not plan on building on that 19-acre
site.
1542 CHAMBER OF COMMERCE REPORT.
Superintendent Blomberg, representing the Chamber Board, reported that the Chamber
continues to receive 65 or more visitors daily at the Company Stores Visitor's Center.
V olunteers continue to be trained and visit the locations to make sure that they know
enough about our community to share information with the visitors. In regards to the
location of the Chamber office, plans are being made to move from Fairway Plaza to
Downtown across from Flomer's by September 2006. The Chamber is working with
businesses and property owners along Highway 99E to search for ways to promote the
area thereby reducing the number of empty buildings. The Chamber is also working with
Chemeketa to provide Adult Employee Education programs.
1650 COMMUNICATIONS.
A) Community Center Location in Legion Park: A memo from the Parks &
Recreation Board dated January 6,2006 was distributed to the Council recommending
that the Legion Park master plan not include a community building in Legion Park.
B) Hazelwood Estates Opening on June 23, 2006: The Council was invited to attend
the opening of Marion County Housing Authority's Hazelwood Estates which is a low
income housing development for seniors located on Carol Street.
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1686 Richard Jennings, 595 Filbert Street, thanked Councilor Bjelland for stepping forward to
provide input to the Marion County Commissioners at their June 5th hearing on
Legislative Amendment 06-02 (Woodburn Periodic Review). He felt that the
Commissioners took a different approach on the issue before them after hearing
comments from Councilor Bjelland. He urged the Council to satisfy the Commissioners
so that the legislative amendment can move forward to the State level for approval.
1812 Eric Yaillen, Director of Communications for the Oregon Golf Association (OGA),
shared with the Council some of the plans the OGA is considering at the golf course in an
effort to find ways that the City and the OGA can work together. Mr. Yaillen stated that,
as a Park and Recreation Board member, he was able to bring forth to the Board the
OGA's proposal to start a First Tee Chapter which is a nationally recognized education
program designed for grades K-12 that utilizes the game of golf to teach nine life skills
such as honesty, respect, goal setting, and perseverance. Some management changes
have taken place at the golf course and the direction the Board wants to take is to become
a more integral part of the community which hopefully will include some public / private
partnerships whether it be for a community center or development of the north side of
their property, which is being considered as part of the urban growth boundary expansion,
as park and recreation space. He reiterated that the OGA is looking at various options
and opportunities in order to be a more integral part of the community.
2045 CONSENT AGENDA.
A) approve the Council minutes of May 22,2006;
B) approve the Special Council meeting minutes of May 24,2006;
C) receive the Claims for May 2006;
D) receive the Building Activity report for May 2006;
E) receive the Planning Tracking Sheet dated June 6, 2006; and
F) receive the Aquatic Center Revenue Comparison report.
MCCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion
passed unanimously.
2116 PUBLIC HEARING: SUPPLEMENTAL BUDGET HEARING FOR FISCAL
YEAR 2005-06.
Mayor Figley declared the public hearing open at 7:35 p.m..
Finance Director Gillespie stated that the supplemental budget covered several
appropriation adjustments but the major adjustments are 1) inclusion of a Homeland
Security Grant for upgrading the Police Department's field reporting computer system,
and 2) finalizing the funding for the Downtown Plaza. In regards to the Plaza, the City's
budget for 2003-04 included $75,000 to be transferred from General Fund to the General
Fund ClP but only $15,000 was transferred that year since the project was not completed.
The final contractor payment now needs to be paid and the $60,000 transfer in the
supplemental budget provides the revenue and appropriation within the General Fund elP
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fund to make the final payment. In addition to the items listed in the staff report, he
requested that the Council add the following appropriation adjustments: 1) a transfer of
$4,400 from the General Fund to the General Fund CIP Fund which provides funding for
the completion of Centennial Park ballfield #3 (excluding the scoreboard which will be
installed in 2006-07), and 2) an appropriations increase in the Building Maintenance
Fund in the amount of $20,000 for funding natural gas utility bills ($10,000 transfer from
General Fund and $10,000 from Building Maintenance Fund operating contingency). It
was noted that City Hall and the Aquatic Center are the major users of natural gas which
is why staff is proposing a transfer of funds from the General Fund.
No one in the audience commented on the proposed supplemental budget.
Mayor Figley declared the public hearing closed at 7:43 p.m..
COX/MCCALLUM... direct staff to prepare an ordinance on the supplemental budget as
outlined in the staff report in addition to the $4,400 transfer for Centennial Park and the
$20,000 appropriation for the natural gas increase. On roll call vote, the motion passed
unanimously.
2675 PUBLIC HEARING: CITY BUDGET FOR FISCAL YEAR 2006-07.
Mayor Figley declared the public hearing on the 2006-07 City budget, which includes
State Revenue Sharing, open at 7:44 p.m..
Finance Director Gillespie stated that the Budget Committee began meeting in February
2006 and concluded with their hearing on May 20,2006. The Committee is forwarding a
recommended budget in the amount of$52,914,589 along with levying the tax rate of
$6.0534 and a tax levy in the amount of$683,550 for bonded indebtedness. He stated
that staff is recommending a change in the recommended budget that affects the General
Fund appropriations but does not affect the total budget amount of$52,914,589. The
change involves the addition of a Program Manager in the Recreation Division since the
Park & Recreation Department currently has two supervisory positions vacant and there is
a need to have an adequate number of supervisors to oversee the programs and part-time /
seasonal staff. Additionally, the City is trying to get a community foundation formed
which requires some time and skills which are beyond the ability of staff members that
are currently scheduled to be employed in fiscal year 2006-07 . The recommendation
would be to add one full-time Program Manager for six months to work on the foundation
and apply for grant funding for recreation programs. The cost for this 6-month position is
$27,000 of which $23,000 can be funded through savings in the proposed Recreation
Program supplies and services budget and $4,000 would be funded out of the General
Fund contingency.
Councilor Lonergan questioned how long it would take to hire an individual to fill this
position.
Director Gillespie stated that the Teen Scene Program Coordinator, whose position will
be eliminated at the end of this fiscal year, has the skills to fill this position and staff
proposes to move this individual into this 6-month position.
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Councilor Cox expressed concern about staffs last minute proposal to make a personnel
change within the budget since this is a major staffing change that should have been
presented to the Councilor Budget Committee earlier.
Administrator Brown stated that this recommended personnel change had occurred rather
quickly which is why it is now being brought forth to the Council.
Councilor McCallum stated that he appreciated hearing the concerns expressed by
Councilor Cox, however, he felt that this proposed personnel change should be
considered since that department is undergoing some particular pressures.
Councilor Nichols questioned if the proposed change had taken place since the agenda
packet was distributed last Friday.
Director Gillespie stated that the vacancies within the Parks Department have occurred
within the last 2 months and the Recreation Manager had been asked to look at the
Department's staffing to see what can be done to get through the next few months. Those
numbers were finalized last Friday after the agenda packet was prepared.
Administrator Brown stated that the major change is a net $4,000 reduction in operating
contingency and those dollars would be appropriated to the recreation program. The
Recreation Services Manager was asked in May 2006 to look at staffing levels and see if
there was a way to cut back on the number of part-time employees since there are a lot of
individuals who receive a just a few hours of work each week. The intent is to try and
schedule an employee to work closer to the 19 hours per week as provided for within the
City's Personnel Policy Manual rather than being employed 2-3 hours per week thereby
creating opportunities for the employees who work more hours to obtain salary
adjustments over time in addition to the City having a better trained employee. In regards
to the Teen Scene Program, funding will end on June 30, 2006 and the individual
overseeing this program has a number of talents that can be used in a number of other
programs. In her background is her ability to put together a 501(3)(c) foundation which is
something that the City has been trying to put together in order to apply for larger grant
funding and to receive tax-exempt donations. Additionally, she will be able to provide
the department with management assistance since Recreation Services Manager Patterson
is overseeing the Department's overall program until such time as a Community Services
Director is hired. The initial proposal for the Program Manager position was for one (1)
year but he felt that funding for a six (6) month position would be more cost effective
and, in the meantime, he would expect the foundation to be formed and grant applications
submittcd for City programs. Staff has been told that there are grants available but the
hindrance is that the City does not have a foundation and these grants are not available to
cities. His intent is to retain savings generated by the reorganization of the Library and
Park & Recreation Departments into a Community Services Department which is why
other adjustments have been recommended in the leisure services budget. He reiterated
that Recreation Services Manager Patterson has been re-evaluating the recreation program
costs in materials and services and he feels that he can provide the scheduled programs
with a \esser amount of funds in matcrials and services thereby making those savings
available for personnel costs associated with the proposed Program Manager position.
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Councilor Cox expressed concern in the City having an extra $23,000 in the materials and
supplies accounts.
Administrator Brown stated that the department has been able to obtain small grants for
services and supplies but the City has a much more difficult time obtaining grant funding
for staff positions.
Director Gillespie stated that half of the $23,000 is from supplies and services while the
other half of the savings is from part-time positions.
Councilor Cox stated that he knows that the Park & Recreation Department has a need for
money and the explanation on the savings is understandable. However, he is still not
happy with staff bringing forth this proposal at the last minute but will support the budget
proposal.
No one in the audience commented on the proposed City budget for fiscal year 2006-07.
Mayor Figley declared the hearing closed at 8:01 p.m..
Councilor McCallum thanked staff for their work in preparing an understandable budget
document which includes the department's goals and how those goals integrate into the
Council's goals.
Councilor Bjelland reminded the Council that the overall City budget is over $52 million
and he felt that this minor adjustment is very minuscule in comparison to the scope of the
total City budget. He commended staff in doing a good job in preparing the budget and
continuing to hold the line on expenditures even with the significant growth within our
community.
Councilor Nichols also expressed his support for this budget but would have liked to have
been informed of the recommended adjustment before this meeting even though he now
understands it better following the City Administrator's explanation
BJELLAND/NICHOLS...authorize staff to draft a budget ordinance based on the
Budget Committee's recommendation including allowable budget adjustments that do not
change the tax levy requirement with the inclusion of the minor adjustment recommended
at this meeting. On roll call vote, the motion passed unanimously.
4256 COMMUNITY DEVELOPMENT DIRECTOR EMPLOYMENT AGREEMENT.
Mayor Figley introduced Jim Allen who has been selected as the City's new Community
Development Director. She stated that he has been employed by Polk County and has a
range of experience which is outlined in the City Administrator's staff report.
Mr. Allen stated that he is excited about the new challenges and opportunities before him
and is looking forward to begin his work with the City.
COX/MCCALLUM... approve the City Administrator's appointment of Darrell J. Allen
to the position of Community Development Director and authorize the City Administrator
to execute an employment agreement with him effective July 17,2006 as submitted in the
agenda packet.
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Administrator Brown stated that the agreement is contingent upon the completion of
conditions within the offer of employment and obtaining Mr. Allen's signature on the
employment agreement.
The motion passed unanimously.
4515 COUNCIL BILL NO. 2627 - RESOLUTION GRANTING UNITED DISPOSAL
SERVICE. INC.. AN ADJUSTED RATE SCHEDULE FOR PROVIDING SOLID
WASTE SERVICE WITHIN THE CITY AND REPEALING RESOLUTION NO.
1787.
Councilor Sifuentez introduced Council Bill No. 2627. Recorder Tennant read the bill by
title only since there were no objections from the Council.
Councilor Lonergan declared a possible conflict of interest since he works for Allied
Waste which owns United Disposal and he will not be taking part in the discussion or
voting on this issue.
Councilor Cox stated that he could understand the request for a rate increase since fuel
costs alone have escalated over the last year. He stated that the City does not have a good
evaluation process on a rate increase available that would justify the need for a reasonable
rate adjustment but felt that the rate of return outlined in the report is a reasonable rate of
return. According to the report submitted by United Disposal, their rate of return is very
low but an auditor could make the company justify the figure. He also questioned if
Allied Waste bought stock in United Disposal Service since, under the State's
Corporation Division records, the United Disposal Service Corporation still exists but its
headquarters are now in Scottsdale, Arizona.
Robin Murbach, General Manager of United Disposal Service, stated that Allied Waste
had purchased Waste Control Systems in 2000 which is the System United Disposal used
to run under and the last five years has been more of a decentralized operation but now
they are moving into more unity and the name change will be seen on the trucks. She
reiterated that the business is still locally operated. She also mentioned that United
Disposal had a yard debris disposal increase in April 2006 which is incorporated in the
rate adjustment request before the Council.
Councilor McCallum stated that United Disposal and its employees continue to be very
active in community affairs and he hoped that the company will continue their
community involvement into the future.
Councilor Cox questioned if the stock in United Disposal Service is owned by Allied
Waste or its officers.
Ms. Murtock stated that the stock was owned by Allied Waste.
Councilor Cox questioned if there is a provision within the franchise ordinance that talks
about the sale or transfer of the franchise.
Attorney Shields stated that this was an old agreement and he thought there was a
provision in the ordinance but would research the question for the Council..
~ls. Murbach stated that United Disposal Service is doing business as Allied Waste and
that information was filed five years ago.
Page 8 - Council Meeting Minutes, June 12, 20~6
,'.,."'" .....
COUNCIL MEETING MINUTES
JUNE 12, 2006
TAPE
READING
Councilor Bjelland stated that a financial statement was included in the agenda packet
and questioned if this statement encompassed more than the City of Woodburn.
Ms. Murbach stated that the statement represented only Woodburn's piece of their
financial statements and the statement is audited at the corporate level. She also
mentioned that in the City of Salem, their franchise agreement includes a statement that
the typical rate ofreturn for a trash company is between 8% and 12%, however, she is
only asking for a 4% rate of return in Woodburn with the intent to discuss rates annually
with the City Administrator because she understands it is difficult for people to accept
increases and she preferred to be conservative on the rates.
On roll call vote, the motion passed 5-0 with Councilor Lonergan abstaining from the
discussion and voting. Mayor Figley declared Council Bill 2627 duly passed.
Ms. Murbach introduced proposals to bring co-mingled cart recycling to the City.
One proposal would be to have co-mingled recycling and yard debris picked up weekly
and the other proposal would be to have the yard debris weekly and the co-mingled
recycling done bi-weekly. For the bi-weekly recycling, the estimated cost is $1.80 per
month and it would provide all customers with a 90-gallon cart. With the co-mingled
recycling, customers in other cities have been able to reduce their current regular garbage
cart size from, for example, 90 gallon cart to 65 gallon cart, thereby reducing their overall
monthly garbage service rate.
Councilor McCallum was in favor of the Council looking into this type of program but
agreed that change is not always easy for people to make.
Ms. Murbach stated that communities that do have the co-mingled recycling have had
great success with this program.
Administrator Brown stated that, upon approval by the Council, this service would be
included in their rate schedule and the Council would continue to look at this program as
part of the overall rate schedule. He also stated that the current recycling program
involves open bins and the cart will keep the recycled materials contained in the cart
rather than being scattered throughout the neighborhood from windy conditions. The
County also has some recycling targets they are trying to meet and more involvement by
the customers in the recycling program will give the County more of an ability to meet
those targets.
Tape 2 Ms. Murbach stated that they have not put out any survey within the City to see what
response they would receive on the co-mingled recycling and her past experience has
been that cities have inserted a survey in their newsletter in order to get customer
feedback. Until she receives a firm vote from the City on the implementation of a
program, she would not be able to get a specific start-up date from Allied Waste since the
price of a tmck and containers are extremely expensive.
Administrator Brown stated that the next newsletter will soon be sent out to the
community and he was willing to put together some information and/or survey for
inclusion in the newsletter.
Councilor Cox expressed concern about raising rates for current operations and now
Page 9 - Council Meeting Minutes, June 12,2108
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COUNCIL MEETING MINUTES
JUNE 12,2006
TAPE
READING
discussion is taking place to add another service that will again raise the monthly rate. In
his area, many customers may already have the 20 gallon cart and they would not be able
to scale back any further in order to save money on their monthly bill. However, he does
like the program concept.
Ms. Murbach stated that she would pull up the records for each Council Ward to provide
the Councilors with information on the cart sizes utilized by their customers.
0250 COUNCIL BILL NO. 2628 - RESOLUTION OF INTENT TO IMPROVE
COUNTRY CLUB ROAD FROM BOONES FERRY ROAD TO ASTOR WAY.
ADOPT THE LOCAL IMPROVEMENT DISTRICT. ADOPT THE METHOD OF
ASSESSMENT. AND ESTABLISH A HEARING DATE.
Council Bill No. 2628 was introduced by Councilor Sifuentez. The bill was read by title
only since there were no objections from the Council. On roll call vote for final passage,
the bill passed unanimously. Mayor Figley declared Council Bill 2628 duly passed.
0310 LIOUOR LICENSE APPLICATION: PERLA'S RESTAURANT. 553 N. FRONT
(N ew Ou tlet).
A Full On-Premises Sales Liquor License application was submitted by Raymunda
Arellano, DBA: Perla's Restaurant.
COX/BJELLAND...recommend to OLCC approval of a liquor license application for
Perla's Restaurant. The motion passed 5-1 with Councilor Nichols voting nay.
0370 WOODBURN COMPREHENSIVE PLAN PERIODIC REVIEW UPDATE AND
URBAN GROWTH BOUNDARY EXPANSION PROPOSAL
Administrator Brown stated that Council is being asked to give conceptual approval and
direct a letter to the County indicating the Council's willingness to go along with
initiating a legislative amendment to include additional properties into the City's Urban
Growth Boundary in addition to those properties which are already included in the
proposal that has been approved by the Council and submitted to the County. He stated
that the staff report provided background information on this issue and the County
Commissioners, after hearing public testimony, felt that there a couple more properties
that should be included in the urban growth boundary proposal but yet they did not want
to upset the process to the extent that it would put the City's proposal in jeopardy at the
state level. He stated that the Board of Commissioners would like to see their own staff
initiate a change in the coordinated population projection which would potentially create
space to justify additional property coming into the City to support residential need.
When that number is determined, the County Commissioners would then be asking the
City to initiate a Legislative Amendment to bring in these additional properties. The
properties being looked at is the School District property, Tukwila Partners property, and
68-acres of the Serres property. Staff believes that a Legislative Amendment does not
allow the City the ability to look specifically at a very limited number of properties since
Page 10 - Council Meeting Minutes, June 12, t~06
...
COUNCIL MEETING MINUTES
JUNE 12, 2006
TAPE
READING
it is a quasi-judicial decision rather than a legislative decision which looks at a broader
number of properties. Administrator Brown stated that a letter from Attorney Richard
Stein representing the Serres family was distributed to the Councilors just prior to this
meeting disagreeing with the staffs position on this matter. The Board of
Commissioners is looking for some type of formal agreement with the City to show that
there is some type of commitment to move this forward in the future. The City's proposal
has been approved by the Board as it stands contingent upon an agreement that the rest of
the work will be done. Staff suggested that the Council consider including the following
conditions back to the County as part of signing an agreement: 1) Population projection
be completed first so that the City will know what the acreage requirement is before too
much work is completed; 2) the cost of this particular work be borne by the benefitted
properties; 3) it not be carried through any appeals process rather it move forward to the
State for review; and 4) condition the agreement so that all potentially relevant properties
would be considered and not just the three properties suggested by the Board.
He stated that the reasoning behind the benefitted properties paying for the additional
work is that the Council believes that the proposal they have approved contains no errors
and any work being done outside of the original proposal is being done to satisfy the
County or these specific properties.
Councilor Cox suggested that this issue be discussed in executive session since the City is
talking about potential litigation and he would feel much less constrained ifhe could talk
about it in executive session keeping in mind that any final decision needs to be made in
open seSSIOn.
John Gervais, representing the Woodburn Independent, objected to the executive session
in that they have standing and he did not feel that is was appropriate for the Council to
meet in executive session at this point in time.
City Attorney stated that there are some questions as to what could or could not be
discussed and an executive session would need to be noticed for a subsequent meeting.
He stated that he has had some significant input into the staff report prepared by the City
Administrator and would be able to answer questions relating to the report.
Councilor Lonergan questioned how many other property owners might be involved.
Mayor Figley stated that the County is talking about three (3) properties but staff has
some concern that if it is based on revised population estimates that it may offer
justification for other properties and, in addition, other types of use such as more
commercial and/or industrial.
Councilor Cox stated that the coordinated population was generated prior to the
finalization of the proposed plan now before the Commissioners and he felt that the
County's position to now include some additional properties are being made for purely
political reasons. The City had requested a higher population figure from the beginning
but the County was unwilling to agree to a higher number until this recent public hearing.
He also felt that the City could not do a legislative amendment and have it apply only to
specific properties pre-determined in advance. Additionally, he did not think that the City
could charge property owners for costs incurred for this supposed benefit of making a
Page 11 - Council Meeting Minutes, June 12, 2006
12
...
COUNCIL MEETING MINUTES
JUNE 12, 2006
TAPE
READING
legislative change. He stated that he was very reluctant to bring this issue to a vote at this
meeting.
Councilor Bjelland stated that Marion County was not talking about changing the existing
coordinated population forecast that was used for preparation of the urban growth
boundary expansion as submitted to them, however, they are talking about extending that
forecast into a future date such as 2030 and then, upon that basis of a higher population
forecast, have some sort of a legislative amendment that would justify the additional land
to the proposed urban growth boundary to support that population. He did not want to go
down the path to change the coordinated population forecast that is in the proposed plan.
He felt that there are several issues to be addressed one of which is what should the
agreement be that the City is prepared to enter into with the County, and another issue is
what is the City really able to accomplish given the land use and legal environment that
the City will need to operate in. He felt that if the proposed urban growth boundary is
accepted, the City will be far short of the 20 years already since this plan would be to year
2020, therefore, there is logical rationale that could be used to cooperate with the County
to come up with a more acceptable coordinated population forecast that could be used to
support additional expansion.
Councilor McCallum felt that the City is moving forward with the urban growth boundary
expansion process and he is comfortable with the parameters laid out in the staff report.
He does have some concerns one of which is the potential additional cost to the
taxpayers of Woodburn but he would like to move ahead and hopefully not run into any
roadblocks.
Councilor Cox stated that he is also concerned about the additional $100,000 that may be
incurred at the expense of the taxpayer. He reiterated that he would like to hear in
executive session what the other options are if the Council would decide to say no to the
County's proposal.
Administrator Brown stated that staff will see if this issue can be discussed in executive
session and, if so, one will be scheduled. Staffwill also provide a legal opinion on the
issue of the incurred costs being paid for by the property owners being benefitted by the
change or by the taxpayers of Woodburn. A report will be prepared for the next regular
meeting.
1 708 MAYOR AND COUNCIL REPORTS.
Councilor McCallum reminded the public of the Relay for Life annual event June 23-24,
2006.
Councilor Bjelland stated that the Consensus Committee for Connect Oregon is
recommending to the Oregon Transportation Commission the allocation of $2.34 million
for the improvement of the rail1ine between W<;>odbum and Stayton. This upgrade will
allow for increased size in rail cars, a better chance for industries to locate along those
lines, and potential passenger train service. In a meeting with Region II to review the
2008-2011 State Transportation Improvement Program (STIP) Funding for state
highways, the Woodburn interchange received an additional $2 million towards its
Page 12 - Counci I Meeting Minutes, June 12, 2006
13
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COUNCIL MEETING MINUTES
JUNE 12, 2006
TAPE
READING
improvement and monies were set aside to complete two other projects that have been on
the STIP project list for some time. With these projects completed, it is hoped that
additional funds will be made available in the future for the City's interchange project.
Unfortunately, it may be 2010-2011 before any work might be done on the 1-5
interchange project. Lastly, at the last MW ACT meeting a presentation was made by a
representative from the Federal Highway Administration regarding the Bottleneck
Initiative and each State has been asked to provide a list of the significant bottlenecks that
are currently within their transportation system. The Woodburn 1-5 interchange was one
of the ten (10) locations listed as a significant bottleneck in the State of Oregon which
means that our interchange will become more prominent in the federal highway
administration's viewpoint and hopefully will give us a better chance of receiving some
other federal source of funding to improve the interchange especially since it is one of the
lesser expensive projects within the State. Included in the cost of this project is the
widening of Highway 214 to the interchange.
2243 Mayor Figley stated that she had attended the graduation ceremonies at the High School
and she offered her congratulations to the Class of 2006.
2266 ADJOURNMENT.
MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:08 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of W oodbum, Oregon
Page 13 - Council Meeting Minutes, June 12,2006
14
... ""'
Minutes
Woodburn Recreation and Parks Board
Tuesday, June 13, 2006
7:00 p.m.
88
I DRAFT
1. Call to Order
Herb Mittmann, Board Chair called the meeting to order at 7 p.m.
2. Roll Call
Members present: Herb Mittmann, Board Chair; Bruce Thomas, Member,
Joseph Nicoletti, Member; Eric Yaillen, Member; Cristal Sandoval, Member
Absent: Rosetta Wangerin, Board Secretary
Staff present: Steve Patterson, Recreation Services Manager, Kathy Willcox,
Interim Aquatics Manager, Paulette Zastoupil, A.A., John Brown, City
Administrator
3. Approval of Minutes from May 9, 2006.
Motion to accept the minutes by Herb Mittmann, the motion was seconded by
Bruce Thomas.
4. Business from the Audience: None
5. Resignation - Ann Meyer
Thomas/Nicoletti - Write a thank you letter to Ann Meyer. The motion
passed unanimously.
6. KABOOMI Playground restoration Project
Steve thanked Herb and Bruce for assisting with compiling and submitting a
grant to the KaBoom Playground Grant fund. Steve reported that if the
department can come up with a matching cash fund of $10,000.00, KaBoom
and their funding partners will provide us with the equipment and labor to
install a new playground at Nelson Park. In pursuit of this project, we
submitted a letter of request to the Burlingham Trust to fund the local match
requirement. If funded, we plan on building a playground at Nelson Park
sometime in August.
Thomas/Mittmann - Make playground equipment replacement a top priority
of the Park Board. The motion passed unanimously.
7. Board By-Laws
The Board reviewed and discussed Resolution 1292 and Ordinance 2270 that
defines board members purpose, membership, meetings and responsibilities.
They agreed that in the annual Board Re-treat meeting they would define
yearly goals and help plan capital outlay budget.
8. Action Log
Consensus of the Board was the Action Log was a useful tool and wanted it
keep updated, so they could refer back to it. The board discussed the UGB
and future park land and how the Comprehensive Plan needed to be updated.
Page 1
15
... '..~ ....
Minutes
Woodburn Recreation and Parks Board
Tuesday, June 13, 2006
7:00 p.m.
Page 2
Herb Mittmann expressed how important it was to stay informed on the UGB
process. Eric Yaillen shared that Tukwila OGA Golf Course presented to City
Council a strategic plan that would integrate the golf course, city and
community. The Board discussed the Parks and Recreation Comprehensive
Plan that was completed in 1999.
ThomaslYaillen - Table discussion of the 1999 Parks and Recreation
Comprehensive Plan until the board meeting on July 11, 2006. The motion
passed unanimously.
9. Business from the Department
Recreation and Leisure Services - Steve Patterson
Steve reported that Dusky Steyaert position will be transitioned into the
division with responsibilities in ASC, Day Camp, Youth and Adult Sports and
other administrative responsibilities. Dusky will also help create a Community
Foundation (501-c-3) organization, and assist with grant writing. The total
number of part time staff will be reduced from approximately 50 to 20, with
better utilization of staff. Adult Softball for Co-ed and Men's League are up
and running, Girls softball, T-Ball and Pee Wee T-Ball seasons have ended
with successful notes during their Jamborees. Summer Day Camp
registration is ongoing, with about 20 kids registered so far. Steve reported
that the Teen Scene Program will discontinue unless additional grant funds
are secured. The creation of a 501-c-3 Foundation will assist with grants from
foundations. He shared with the Board that he continues to work on the
Weed and Seed program with the Police Department. Also, field scheduling
issues continue with Adult and Youth soccer, youth baseball, softball and
special events. He shared that the department have standardized the Field
Use Agreements, as well as Park Rental Agreements. Steve had the Board
review the July is Park Month Proclamation to be presented at the next City
Council meeting.
MittmannlThomas - July is Park Month Proclamation should be presented at
the next City Council meeting in June. The motion passed unanimously.
Aquatics - Aquatics
Kathy reported that staff was gearing up for summer at the pool. Summer
swim lesions have started with classes being close to full, totaling 135. The
next session of swim lessons begin on June 26. Kathy reported that a
Lifeguard Training course was being offered. She also announced that the
aquatic center had job announcements for lifeguard, cashiers, and swim
instructors. The department was planning joint staff training for summer day
camp staff and lifeguards to be held next week.
Parks and Facilities - Steve Patterson and John Brown
John reported that the Hermanson Pond Improvement project to excavate the
pond has been re-calculated and the anticipated real cost of doing the work
is approximately 2 times as much as was originally budgeted. He shared that
it was decided to cancel the grant because of the lack of funding necessary to
16
.., ,...... ..'
Minutes
Woodburn Recreation and Parks Board
Tuesday, June 13, 2006
7:00 p.m.
do the job correctly. The local match requirement was going to be met
through a Vegetation Grant and these funds were to be used to re-establish
natural grasses and trees around the pond after it was excavated. That grant
has expired. The Board expressed their disappointment with the outcome of
the project. Steve reported that the engineering report that provides details
on what is needed to finish the construction of the 3rd ball field at Centennial
Park has been received. The contractor is working on making these changes
to the fence as soon as possible. He reported that the City Council has
transferred additional funding into Capital Improvement so the roof can be
completed. Herb Mittmann asked the status on the Millcreek Greenway
Grant and Steve shared that he was in contact with Alex Stone, National Park
Service to get information on the grant. He will update the Board at the next
meeting.
10. Future Board Business
Next meeting - July 11, 2006
. Mill Creek Greenway
. Comprehensive Plan
· Step Program
· Dog Park
11. Board Comments . None
Meeting adjourned at 8:30 PM
Rosetta Wangerin, Board Secretary
Paulette Zastoupil, Recording Secretary
Date
Date
Page 3
17
... .,..~ ....
(' -'I ;,
/'I--'"-"'....'~
~m4
WQ.<m!!'Q.~N
I If ( J f '" ~, r ;/ I (d j.'<.~ ,)
A~ ,~ 8e
.
.
June 20, 2006
TO: Mayor and City Council through City Administrator
FROM: Scott Russell, Chief of pOlice~
SUBJECT: Police Department Statistics - May 2006
RECOMMENDATION:
Receive the Report
BACKGROUND:
The attached report lists year to date reported offenses and arrests displayed by
month.
DISCUSSION:
The statistics have been gathered from the Police Departments Records
Management System. The Previous year's statistics are also displayed for
comparison purposes.
FINANCIAL IMP ACT:
None
Agenda Item Review:
City Administr
City Attorney ~
Finane
18
.... ''''ollf ..
Woodburn Pollee Dept.
DATE: 6'::0/2006
T:ME: q:OG 29
0RI#, ORD240~OD WPD
DATE USED, ,-'FFENSE DATE
M0NTHLY CRIMINAL OFFENSES FOR JANUARY THRU MAY 2006
RESULTS FOR ALL OFFENSES
PAGE
PL686a
SCO'ITRU
CHARGE DESC;;IPTION
AGGRAVATED ASSAULT
AN lfolAL ORDI NANCES
ASSAULT SIMPLE
BURGLARY ~IJSINESS
Bl1RGLARY OTHER STRUCTURE
Bl1RGLARY RESIDENCE
CHILD NEGLECT
1~ITY ORDINANCE
CRIME DAMAGE-NO VANDALISM OR ARSON
CURFEW
CUSTODIAL INTERFERENCE
CUSTODY DETOX
CUSTODY - MENTAL
CUSTODY - PROTECITVE
DISORDERLY CONDUCT
DRINKING IN PUBLIC
DRIVING UNDER INFLUENCE
DRUG LAW VIOLATIONS
DWS/REVOKED FELONY
DWS/REVOKED MISDEMEANOR
ELUDE
FAIL TO DISPLAY OPERATORS LICENSE
FORCIBLE RAPE
F0RGERY/COUNTERFEITING
FRAUD - ACCOUNT CLOSED CHECK
FRAUD BY DSCEPTION/FALSE PRETENSES
~RAUD CREDIT CARD/AUTOfolATIC TELLER MACHINE
~RAUD IMPERSONATION
FRAUD NOT SUFFICIENT FUNDS CHECK
FRAUD - OF SERVICES/FALSE PRETENSES
FUGITIVE ARREST FOR ANOTHER AGENCY
FURNISHING
GARBAGE LITTERING
HIT AND RUN FELONY
HIT AND RUN-MISDEMEANOR
INTIMIDATION IOTHER CRIMINAL THREAT
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE
LICENSING ORDINANCES
MINOR IN POSSESSION
MINOR ON PREMISES
MISCELLANEOUS
MOTOR VEHICLE THEFT
NEGLIGENT HOMICIDE - TRAFFIC
OTHER
PROPERTY - FOUND LOST MISLAID
PROPERTY RECOVER FOR OTHER AGENCY
PVBLIC HEALTH AND SAFETY ORDINANCES
RECKLESS DRIVING
ROBBERY - BUSINESS
ROBBERY - HIGHWAY
ROBBERY OTHER
JAN
2
4
14
8
3
2
o
1
39
o
o
2
2
o
1
o
12
14
o
6
4
6
a
7
o
1
3
1
o
1
42
a
o
1
17
9
o
o
o
o
6
10
a
15
25
2
10
2
o
o
o
FEE
2
6
19
S
3
1
o
2
21
2
I
o
o
1
7
o
7
15
I
6
o
9
o
5
o
o
4
6
o
o
36
1
o
o
14
o
1
2
3
o
11
8
o
16
22
o
IS
o
o
o
o
MAR
1
2
21
7
3
9
1
1
37
o
o
3
2
o
6
o
15
II
o
7
o
5
2
13
a
o
2
3
I
1
43
1
o
a
9
2
1
:2
4
1
9
14
o
18
28
1
17
a
1
o
2
APR
MAY
TOTAL
1
4
17
3
5
II
4
1
34
o
o
2
a
I
5
o
IS
25
o
2
o
2
2
3
o
a
2
o
o
1
37
1
2
2
17
6
I
o
3
1
6
3
o
19
27
o
16
o
o
1
o
3
2
11
3
3
7
I
1
28
1
o
3
I
o
5
1
12
9
18
82
26
17
30
6
6
159
3
1
10
5
2
24
1
61
100
1
23
5
29
5
34
I
1
12
12
I
3
191
4
3
5
68
21
3
4
10
2
38
42
1
77
132
3
80
7
1
2
2
15
o
2
1
7
1
6
1
o
1
2
o
o
33
1
1
2
11
4
a
o
o
o
6
7
1
9
30
o
n
5
o
1
o
Wo ,Jl,urn r,11ce Dept.
DA'!'E h '20/2006
TI~E 9 . l' ~~ 29 MONTHLY CRIMINAL OfFENSES fOR JANUARY THRU MAY 2006
OR!# ORC240500 WPD RESULTS FOR ALL OFFENSES
DATE USED OFfENSE DATE
CH!,RGE DES ,'I; I PTION JAN FEB MAR APR MAY
- - - - - - - - - -- ---- - - .-----_. -~--- ~------- --------
RUNAWAY 'i 13 7 10 4
SEX CRIME CONTRIBUTE TO SEX ,'EL 1 NQUENCY 0 1 3 1 0
SEX CRIME EXPOSER 0 0 0 0 1
SEX CRIME FORCIBLE SODOMY 0 0 1 1 0
SEX CRIME MOLEST (PHYSICAL) 2 1 1 5 4
SEX CRIME NON-FORCE RAPE 2 0 0 1 0
SFX CRIME OBSCENE PHONE CALL 1 1 0 1 0
SEX rRIME OTHER 0 0 1 0 1
STALKER 0 0 0 1 0
ST"LEN PROPERTY RECEIVING. BUYING, POSSESSING 1 1 4 5 2
SUICIDE 0 0 0 0 1
THEFT BICYCLE 0 3 2 2 4
TH2FT - BUILDING 2 3 3 1 1
THEFT FROM MOTOR VEHIrU: 47 S6 40 42 29
THEFT - MOTOR VEHICLE PARTS/ACCESSORIES 22 15 13 16 14
THEFT - OTHER 5 10 11 19 7
THEFT - PICKPOCKET 0 0 1 0 0
THEFT - PURSE SNATCH 1 0 0 0 0
THEFT SHOPLIFT 6 3 3 3 6
TRAFFIC ORDINANCES 0 1 4 5 1
TRAFFIC VIOLATIONS 13 15 14 3 16
TRESPASS 7 4 9 11 11
VANDALISM 49 42 47 43 30
VEHICLE RECOVERD FOR OTHER AGENCY 4 1 3 4 2
WARRANT ARREST FOR OUR AGENCY 0 2 0 0 3
WEAPON - CARRY CONCEALED 2 1 1 4 2
~APON - EX FELON IN POSSESSION 0 0 1 0 0
APON - POSSESS ILLEGAL 0 0 2 1 2
ONING ORDINANCE 2 5 5 4 2
PAGE
PL6B60
SCOTTRU
TOTAL
',9
S
1
2
1 J
3
3
2
1
1 3
I
11
10
214
80
52
1
1
21
11
61
42
211
14
'i
10
1
5
18
TOTAL,
443
430
502
465
394
2234
-- - -- - --- -------------- - ~ - -- - --- -- -------- - ------------------...----------- -------_.------ --------~-------------------- -----~- --_.-
2006 TOTAL,
2005 TOTAL,
2004 TOTAL,
443
428
524
430
385
544
502
377
575
465
359
498
394
507
488
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
2234
20.,6
2629
J
.
Woodburr: Polict> Dept PAGE
DATE, 6/20/:0J6 PL6850
TIME, ~, OC;08 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU MAY 2006 SCOTTRU
C'RI# , t).R0240S0: WPD RESULTS FOR ALL CHARGES
CHARGE DESCRIPTION JAN FEB MAR APR MAY TOTAL
. - - - - - - . - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- ---_. .-.- - --. - - - - - - - - - - - - --
AGGRAVATED ASSAULT 3 1 5 0 1 10
AGGRAVATED MURDER 0 0 0 0 0 0
ANIMAL ORDINAN'-ES 0 1 0 0 0 1
ARSON 0 0 0 0 0 0
ASSAULT taMPLE 15 11 22 16 G 70
ATTEMPTED MURDE~ 0 0 0 0 0 0
BOMB THREAT 0 0 0 0 0 0
BURGLARY BUSINESS 0 0 0 0 2 2
BURGLARY OTHER STRUCTURE 0 1 0 3 0 4
BURGLARY RESIDENCE 3 0 0 4 0 7
CHILD ADBANDOMENT 0 0 0 0 0 0
CHILD NEGLECT 1 0 1 3 1 6
CITY ORDINANCE 0 0 1 0 0 1
CRIME DAMAGE-NO VANDALISM OR ARSON 1 0 2 4 1 8
CURFEW 0 2 0 0 1 3
CUSTODIAL INTERFERENCE 0 1 0 0 0 1
CUSTODY - DETOX 2 0 ) 2 3 10
CUSTODY - MENTAL 2 0 2 0 1 5
CUSTODY PROTECITVE 0 1 0 5 0 6
DISORDERLY CONDUCT 2 7 12 11 6 38
DOCtJlolENTATION 0 0 0 0 0 0
DRINKING IN PUBLIC 0 0 0 0 2 2
DRIVING UNDER INFLUENCE 12 7 15 15 12 61
DRUG LAW VIOLATIONS 16 16 44 25 23 124
DRUG PARAPHERNALIA 0 0 0 0 0 0
DWS/REVOKED - FELONY 0 1 0 0 0 1
DWS/REVOKED-MISDEMEANOR 8 6 7 2 2 25
~LUDE 5 0 0 0 1 6
MBEZZLEMENT 0 0 0 0 0 0
ESCAPE FROM YOUR CUSTODY 0 0 0 1 1 2
EXTORTION/BLACKMAIL 0 0 0 0 0 0
FAIL TO DISPLAY OPERATORS LICENSE 6 9 5 3 7 30
FAMILY-OTHER 0 0 0 0 0 0
FORCIBLE RAPE 0 0 0 0 0 0
FORGERY/COUNTERFEITING 0 1 6 3 7 17
FRAUD - ACCOUNT CLOSED CHECK 0 0 0 0 0 0
FRAUD - BY DECEPTION/FALSE PRETENSES 0 0 0 0 0 0
FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 0 1 0 0 0 1
FRAUD - IMPERSONATION 0 1 3 0 3 7
FRAUD - NOT SUFFICIENT FUNDS CHECK 0 0 0 0 0 0
FRAUD - OF SERVICES/FALSE PRETENSES 0 0 0 0 0 0
FRAUD - WIRE 0 0 0 0 0 0
FRAUD-OTHER 0 0 0 0 0 0
FUGITIVE ARREST FOR ANOTHER AGENCY 44 42 48 47 34 215
FURNISHING 0 1 1 2 1 5
GAMBLING - GAMES 0 0 0 0 0 0
GAMBLING - OTHER 0 0 0 0 0 0
GARBAGE LITTERING 0 0 Q 2 1 3
HIT AND RUN FELONY 1 0 0 0 2 3
HIT AND RUN-MISDEMEANOR 5 1 2 3 1 12
ILLEGAL ALIEN - INS HOLD 0 0 0 0 0 0
INTIMIDATION IOTHER CRIMINAL THREAT 9 2 2 6 5 24
WQ.)dburn
DATE:
TIME:
0RId:
POll'-'~ Dept.
6/20 ' 2 I) (1 G
9:00 08
OR0240'O) WPD
PAGE
PL6850
SCOTTRU
MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU MAY 2006
RESULTS FOR ALL CHARGES
MAY
I-HARGE DESeRI PTIl'N
KIDNAP FOR ADDITIONAL CRIMINAL PURPOSE
KIDNAP FOR RANSOM
KIDNAP HI-JACK. TERRORIST
KIDNAP HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS
LICENSING ORDlNANCES
LIQUOR LAW-OTHER
uIQUOR LICENSE VIOLATIONS
MINOR IN POSSESSION
MINOR ON PREMISES
MISCELLANEOUS
MOTOR VEHICLE THEfT
NEGLIGENT HOMICIDE - TRAFFIC
NEGLIGENT MANSLAUGHTER
NON CRIMINAL DOMESTIC DISTURBANCE
OTHER
PROPERTY - FOUND LOST MISLAID
PROPERTY RECOVER FOR OTHER AGENCY
PROSTITUTION COMPEL
PROSTITUTION ENGAGE IN
PROSTITUTION PROMOTE
PUBLIC HEALTH ~~D SAFETY ORDINANCES
RECKLESS DRIVING
ROBBERY BANK
ROBBERY BUSINESS
ROBBERY CAR JACKING
ROBBERY CONY. STORE
ROBBERY HIGHWAY
~BBERY OTHER
~BBERY RESIDENCE
.~OBBERY SERVICE STATION
RUNAWAY
SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY
SEX CRIME EXPOSER
SEX CRIME FORCIBLE SODOMY
SEX CRIME INCEST
SEX CRIME MOLEST (PHYSICAL)
SEX CRIME NON FORCE SODOMY
SEX CRIME NON-FORCE RAPE
SEX CRIME - OBSCENE PHONE CALL
SEX CRIME - OTHER
SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL
SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT
STALKER
STOLEN PROPERTY - RECEIVING.BuYING,POSSESSING
SUICIDE
THEFT - BICYCLE
THEFT - BUILDING
THEFT - COIN OP MACHINE
THEFT - FROM MOTOR VEHICLE
THEFT - MOTOR VEHICLE PARTS/ACCESSORIES
THEFT - OTHER
THEFT - PICKPOCKET
JAN
o
o
o
o
o
o
o
o
o
o
2
o
o
o
9
o
1
o
o
o
o
2
o
o
o
o
o
o
o
o
3
o
o
o
o
o
o
o
o
o
o
o
o
1
o
o
o
o
1
o
o
o
FEB
o
o
o
o
o
o
o
5
o
o
1
o
o
o
14
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
5
o
o
o
o
1
o
1
o
o
o
2
o
1
o
1
o
o
2
o
2
o
MAR
o
o
o
o
o
o
o
3
1
o
6
o
o
o
13
o
1
o
o
o
o
o
o
o
o
o
o
4
o
o
3
o
o
o
o
2
o
o
o
o
o
o
o
2
o
o
o
o
2
1
3
o
.~PR
TOTAL
2
o
o
o
o
o
o
6
o
o
o
o
o
o
15
o
o
o
o
o
o
1
o
o
o
o
o
o
o
o
2
o
o
o
o
1
o
o
o
o
o
o
o
3
o
o
4
o
o
o
5
o
o
o
o
o
o
o
o
1
o
o
4
1
o
o
7
o
o
o
o
o
o
5
o
o
o
o
o
o
o
o
:2
o
o
o
o
1
o
o
o
o
o
o
o
1
o
o
o
o
1
o
1
o
2
o
o
o
o
o
o
15
I
o
13
1
o
o
58
o
2
o
o
o
o
8
o
o
o
o
o
4
o
o
15
o
o
o
o
5
o
1
o
o
o
2
o
8
o
1
4
o
6
1
11
o
Woodb"
DATE
TIME
ORU
rn Poll "e Dept
6! 20.' :'OOh
g: 0 (I : (d
OR024G',OO WPD
eHARG;, DESeR! PTION
THEFT - PURSE SNATCH
THEFT SHOPLIFT
TRAFFIC ORDINANCES
TRAFFr: VIOLATIONS
TRESPASS
VANDAUSM
VEHIC~E RECOVERD FOR OTHER AGENCY
WARRANT ARREST FOR OUR AGENCY
WEAPON CARRY CONCEALED
WEAPON EX FELON IN POSSESSION
WEAPON - OTHER
WEAPON POSSESS ILLEGAL
WEAP0N SHOC1TING IN PROHIBITED AREA
WILLF"L MURDER
ZONIN:~ ORDINANCE
MONTHLY ARRESTS BY OFFENSE FOR .TAN!1ARY THRU MAY 2006
RESULTS FUR ALL CHARGES
JAN FEB MAR APR MAY
.. ---- - - - - - - - - - - - - - - ~ --------------- . - ~ - - - - . - - - - - - -- -
0 0 0 0 0
6 I 4 4 10
0 0 0 2 0
34 50 74 32 39
a 5 II 11 12
'! 11 2 2 7
1 0 0 0 0
0 2 0 0 2
I 1 1 4 2
0 0 3 0 0
0 0 0 0 0
0 5 2 1
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
- - - - - ~ - - ~ - - - ~ - - . -- --.- - - - - - - - - ----------- . ------- - -------- --. - - -- - - ---. -- -----------~----_. ------------~-~----
2006 TOTAL: 213 218 322 253 221 0 0 0 0 0 0 0
2005 TOTAL: 129 149 144 234 241 0 0 0 0 0 0 0
2 J04 TOTAL: 20~ 194 218 195 196 0 0 0 0 0 0 0
N
CIJ
PJ\';E
PLt8{)O
SC(lTTRV
TOTAL
o
25
2
229
47
31
1
4
9
3
o
8
o
o
o
1227
897
1011
~''\
'j
. ~.' '". ~--.. .
.. ,,; ...
WQ.OD~VRN
In(vrporartd 1889
8D
~~
.
.
June 26, 2006
FROM:
Honorable Mayor and City Council through City Administrator
..-;1.
/~
John C. Brown, City Administrato~-
TO:
SUBJECT:
Telecommunications Franchise with DataVision Communications
RECOMMENDATION:
This report is provided for information only.
BACKGROUND:
The City Council granted a franchise for telecommunications service to
DataVision Communications, a division of Gervais Telephone, in June 2001
(Attachment 1). The franchise enabled Data Vision to serve the area south of
WalMart, but allows the company to operate anywhere within Woodburn's
limits. In early 2001, high-speed Internet service was not available in Woodburn.
Data Vision indicated it would install fiber-optic services, to allow for high-speed
connections and the future ability to provide video services. DataVision also
agreed to bring a fiber connection to City Hall during the franchise period. Most
City franchises are for ten-year periods. The Data Vision franchise has a five-year
term, ending June 24,2006.
DISCUSSION:
The franchise provides for an automatic five-year renewal at the end of the
term, if neither party has given notice of intent to terminate or renegotiate at
least 180 days in advance.
DataVision has gradually built its customer base during the past five years, and
expanded its infrastructure as opportunities arose. As a franchisee, DataVision
has acted responsibly, coordinating regularly with public works staff to schedule
system expansions that coincide with other work performed in city rights of way,
to minimize their impact on city streets. DataVision provided the services it
indicated it would, including bring fiber to City Hall. DataVision will soon
connect City Hall to the new Police Facility, at no cost to the City. The attached
Agenda Item Review:
City Administrat
City Attorney _
Finance
24
... .~.....
Honorable Mayor and City Council
June 26, 2006
Page 2
.
.
letter from John Hoffman, General Manager of Data Vision, summarizes the
company's accomplishments during the franchise period, and its plans for the
next five years.
DataVision was also highly responsive to the only customer service concern
brought to the City's attention during the past five years. As a result of
DataVision's performance, the franchise has automatically renewed for a final
five-year period. Any further renewals will be subject to negotiations.
FINANCIAL IMPACT:
Pursuant to the franchise, DataVision provides the City seven (7) percent gross
revenues from within the franchise area. Fees paid through June 2006 were
approximately $9,800.
25
..' '~.. .'
WOODBURN ~F.NERAL ORDlNANCF.S
CHAPTER 11 - FRANCHISES
ATTA(HME.N:L1
11-27.1
11-27.2
ORDINANCE NO. 2291
AN ORDINANCE GRANTING A TELECOMMUNICATIONS fRANCHISE TO DATA VISION
COMMUNICATIONS, A DIVISION OF GERVAIS TELEPHONE TO OCCUpy CERTAIN RIGHTS-
OF-WAY WITHIN THE CITY OF WOOD8URN.
[Whereas clauses.]
Section 1. franchise Grant.
A. Subject to the terms and conditions contained herein, the City of
Woodburn does hereby grant to Data Vision Communications, a division of Gervais
Telephone (hereinafter "Grantee") a telecommunications franchise to locate its
facilities within the rights-of-way of the City, as shown on Exhibit "A" and described in
Grantee's application for a franchise.
B. Such grant is subject to all of the laws and ordinances of the City of
Woodburn and the State of Oregon.
C. The scope of this grant allows the installation of facilities by Grantee in the
City's rights-of-way as depicted in Exhibit "A". Such facilities shall be used by Grantee
to provide telecommunications services consistent with the authority granted by the
FCC. In the event either the location of Grantee's facilities or the nature of the services
provided is proposed for modification, Grantee shall be required to obtain an
additional or revised franchise from the City.
Section 2. Construction Standards.
A. The construction standards of the City of Woodburn, as well as any other
applicable construction standards in existence at the time of this franchise grant or
hereafter enacted, shall apply to all work performed by the Grantee in City rights-of-
way.
B. The Grantee's facilities shall not interfere in any way with any of the City's
communications or other public and city-permitted facilities, including other franchised
facilities, either as installed or during operation. The Grantee will compensate the
provider of power directly for the cost of power consumed in support of Grantee's
facilities, and shall hold the City completely harmless from any power cost.
C. The Grantee shall locate below the surface of the ground all wiring and
physical improvements within City rights-of-way, unless it is physically impossible to do
so. Placement of any improvements above ground, or on poles shall only be with the
prior review and approval of the City.
D. Where permission is granted by the City to locate Grantee's facilities upon
poles, Grantee shall independently obtain prior written approval from the owner and/or
operator of the poles on which its facilities shall be placed. Upon request. Grantee shall
provide copies of such written approvals for City review.
ORDINANCE No. 2291
PAGE 1
26
.. ,.",. ...
WOODBURN GE.NERAL ORDINANCES
CHAPTER 11 - FRANCHISES
11-27.2
11-27.5
E. Where permission is granted by the City to locate Grantee's facilities upon
poles, Grantee shall undertake all wiring and physical improvements required by the
owner of each pole to which its facilities are to be attached. In the case of City-owned
poles or fixtures, such work shall be performed subject to the approval of the City
Engineer or his designee.
Section 3. Franchise Fee. The franchise fee payable to the City shall be 7%
(seven percent) of the Grantee's gross revenues earned within the corporate limits of
the City. In the event no revenues are earned, but Grantee is actually occupying City
rights-of-way. Grantee shall pay a minimum annual franchise fee of $1,000. Franchise
fees shall be payable quarterly, on or before April 30, July 31, October 31 and January
31, for the preceding calendar quarter. Such payment made by the Grantee will be
accepted by the City of Woodburn from the Grantee. as also in payment of any
license, privilege or occupation tax or fee for revenue or regulation, or any permit or
inspection fees or similar charges for street openings, installations, construction or for
any other purpose now or hereafter to be imposed by the City of Woodburn upon the
Grantee during the term of this franchise. Payments made more than ten calendar
days beyond the due date shall bear interest at the rate of 9% per annum.
Section 4. Term. The term of this franchise shall be five (5) years. This franchise
shall be subject to one automatic renewal on the same terms and conditions for an
additional period of five (5) years unless notice is given by either party 180 days in
advance of the expiration of the franchise of it's intention to terminate or renegotiate
the franchise. This franchise shall be effective upon the date of Grantee's written
acceptance of this grant.
Section 5. AcceDtance. The grant of franchise herein is conditioned upon
Grantee's acceptance of all terms and conditions hereof in writing in a form
acceptable to the City.
Adopted by the Council and Mayor June J J. 200 J .
ORDINANCE No. 2291
PAGE 2
27
... '."'>If ....
ATTACHMENT 1
,~, ~
~'i:~\: DATAVISION
- --=~ :-...
- -;;:';~i:.\';'<-:"~:" com m u ni cations
.....''''~:a'~\.''.
'" I' \' Powered by Gervais Telephone
John R. Hoffmann
General Manager
jhoffmann@gervaisteJ.com
June 22, 2006
John Brown
City Manager
City of Wood bum
270 Montgomery St.
Woodburn, OR 97071
Dear John:
Since its franchise was granted by the City of Woodburn five years ago, DataVision
Communications (DVe) has successfully brought high end affordable communications to the
residents of Woodburn. DVC turned up its first customer in the Montebello I subdivision on
October 1, 2001. It then used open trenches in new subdivisions and a minimum amount of
boring in existing neighborhoods to extend its fiber optic network across the city.
Homes passed:
Today DVC provides an alternative choice for telecommunications to:
74 homes in Montebello I;
72 homes in Montebello II;
142 residents in Country Meadows;
134 residents in Harvard Meadows;
24 homcs in Lincoln Estates;
10 homes in Maplewood;
35 homes in Parr Acres;
61 homes in Boones Crossing;
15 homes on S. Front St.;
61 homes in Goose Hollow at Tukwila 1,2, & 3;
89 homes at the Links at Tukwi1a 3, 4, & 5; and,
35 homes in various locations along our route.
A total of752 units activated today.
In addition, DVC has built fiber optics into six of the Woodburn School District locations and has
provided service to a number of businesses along the route. It has built to City Hall and is
completing its build to the new Police/E911 facility.
Construction in various stages is underway in the following areas:
The new Fire Station, along SR214 to serve businesses from County Club Dr. to SR99E, and in
the Ironwood subdivision in Tukwila.
489 Third St., P.O. Box 269, Gervais, OR 97026
28
(971) 983-5000
.....
....
Route Miles:
DVC has installed over 32 route miles of fiber optics, all underground, within the city limits to
deliver services to these areas. Each route carries multiple fibers, from 12 to 144 fibers in a
sheath, which are deployed to Network Interface boxes on the side of homes and businesses.
Technologies:
Fiber to the Home (FTTH) technology is used to deliver the services. It is the most advanced,
and most future proof, communications system in the world. Fiber delivers more bandwidth than
copper, coaxial cable, or wireless. When DVC began building fiber in Woodburn five years ago,
few of us had heard of streaming video, E-bay, i-Pods, blogs or Pod Casts. Fiber handles it all.
And, it will be able to deliver whatever applications develop into the next century. We are
currently offering laMbs Internet service to residences. Wide Area Network speeds up to 40Mbs
are offered to businesses.
To quickly reach existing areas of the city without high speed Internet access, DVC also deployed
a WIFI system. We are in the process of deploying WIFI "hotspots" in the city, including the
library, city hall area.
The Next Five Years:
In the next five years, DVC plans to continue to build out the city, using opportunities to use joint
trenches with a minimum of disruption to existing neighborhoods. Plans are already undelWay
for Montebello III and IV and Town Center, Front Street phase 2 and 3, and extensions to
Washington Elementary and Alternative Education school sites.
With its fiber and wireless deployments, the communications infrastructure in the City of
Woodburn is already the envy of other cities, e.g. Forest Grove and Portland. DVC intends to
continue to bring state of the art technologies to the city as they develop. However, in addition to
our technology and construction, we are proud of our service record, the lack of complaints we
received, and the requests we've received from neighborhoods like Ironwood to extend DVC
services into existing areas. As a member ofthe community DVC encourages its employees to be
involved in activities that range from Relay for Life to the Chamber of Commerce. The result is
the good service record we've enjoyed. Thank you for considering our request to extend DVe's
franchise.
Sincerely,
John Hoffmann
General Manager
Cc via cmail: Ben Gillespie
489 Third St., P.O. Box 269, Gervais, OR 97026
29
(971) 983-5000
AA~ ~.
vv.~N
l11c,J"ora,td 1889
1J/1J~_1 L. 11A
r 'r''''''''''''' ~
.
.
June 21, 2006
FROM:
Mayor and City Council through City Administrator
Ben Gillespie, Finance DirectO\&n
TO:
SUBJECT:
2005-06 Supplemental Budget
RECOMMENDATION:
Council adopt the attached ordinance for a supplemental budget
BACKGROUND:
At its June 12, 2006 meeting the Council conducted a hearing to consider
budget amendments. The attached ordinance reflects the Council's direction
to staff at the conclusion of the hearing.
An emergency clause was included in the ordinance because of the
immediate need for the Council to make the necessary appropriations.
FINANCIAL IMP ACT:
The proposed revision increases revenue in all funds by $153,331, and increases
total appropriations by $272,231. Contingencies in all funds are decreased by
$118,900.
Contingencies in the General Fund decrease $96,372 to $872,969, which is 9.6%
of budgeted expenditures.
Agenda Item Review: City Administrat
City Attorney
30
.. '.~ '.'
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE ADOPTING A SUPPLEMENT AL BUDGET FOR FISCAL YEAR 2005-
2006 AND DECLARING AN EMERGENCY.
WHEREAS, Oregon State Statute 294.480 allows for the adoption of a supplemental
budget during a fiscal year to meet changes in financial planning, and
WHEREAS, the Notice of Supplemental Budget Hearing and Financial Summary was
published in the Woodburn Independent on June 7, 2006 as required under State budget law; and
WHEREAS, the City Council held a public hearing on June 12,2006 to give citizens
an opportunity to comment on the proposed 2005-2006 supplemental budget, now, therefore,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the supplemental budget for fiscal year 2005-2006 is hereby adopted as
set forth below.
Section 2. That fiscal year 2005-2006 revenues and appropriations are adjusted as
follows:
Revenues
Appropriations
GENERAL FUND
Revenue Adjustments:
Federal Grant - Police Services
Insurance Recovery
Total General Fund Revenue Adjustments
Appropriation Adjustments:
Finance Department:
Materials & Services
Police Department:
Materials & Services
Municipal Court:
Materials & Services
Parks - Leisure Services:
Personnel Services
Materials & Services
Parks - Administration:
Personnel Services
Community Development (Planning):
Capital Outlay
72,000
6.346
78.346
8,000
78,346
2,000
30,963
(30,963)
8,000
2,000
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
31
."" ,,"""" ...'
Non-Departmental:
Materials & Services
Transfer to General Fund CIP Fund
Transfer to Building Maintenance Fund
Operating Contingency
Total General Fund Appropriation Adjustments
TRANSIT FUND:
Appropriation Adjustment:
Transit System:
Materials & Services
Operating Contingency
BUILDING FUND:
Appropriation Adjustments:
Materials & Services
Operating Contingency
HOUSING REHABILITATION FUND:
Appropriation Adjustment:
Debt Service - Principle
Debt Service - Interest
Operating Contingency
CABLE TV FUND:
Revenue Adjustment:
Annual Access Fee
Willamette Broadband Franchise Fee
Total Cable TV Fund Revenue Adjustments
Appropriation Adjustment:
Personnel Services
Materials & Services
Total Cable TV Fund Appropriation Adjustment
STREET FUND:
Appropriation Adjustment:
Materials & Services
Operating Contingency
GENERAL FUND CAPITAL IMPROVEMENT FUND:
Revenue Adjustment:
Transfer from General Fund
Total General Fund CIP Revenue Adjustment
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
32
Revenues
200
385
585
64.400
64.400
".'..... ....
Appropriations
1,972
64,400
10,000
( 96.3 72)
78.346
4,084
( 4,084)
56
( 56)
20,000
500
(20,500)
( 3,215)
3.800
585
188
( 188)
Revenues
Appropriations
Appropriation Adjustment:
Capital Outlay - Plaza
Capital Outlay - Parking Lot
Capital Outlay - Centennial Park
Operating Contingency
Total General Fund CIP Appropriation Adjustment
30,000
12,000
4,400
18,000
64.400
WATER FUND:
Appropriations Adjustment:
Materials & Services - Operations
Operating Contingency
556
( 556)
SEWER FUND:
Appropriation Adjustment:
Materials & Services - Operations
Operating Contingency
876
( 876)
INFORMATION SERVICES (IS) FUND:
Appropriation Adjustment:
Materials & Services
Capital Outlay
( 5,000)
5,000
CENTRAL STORES FUND:
Appropriation Adjustment:
Materials & Services
Operating Contingency
4,000
( 4,000)
TECHNICAL & ENVIRONMENTAL SERVICES FUND:
Appropriation Adjustment:
Materials & Services
Operating Contingency
BUILDING MAINTENANCE FUND:
Revenue Adjustment:
Transfer from General Fund
Total Building Maint. Fund Revenue Adjustment
Appropriation Adjustment:
Materials & Services
Operating Contingency
Total Building Maint. Fund Appropriation Adjustments
268
( 268)
10.000
10.000
20,000
(10,000)
10.000
Section 3. That if any clause, sentence, paragraph, section or portion ofthis ordinance
for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be
confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly
involved in the controversy in which such judgment is rendered.
Page 3 - COUNCIL BILL NO.
ORDINANCE NO.
33
... '.'
Section 4. This ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist in that appropriation adjustments are necessary to meet estimated
expenditures that will need to be paid within the next 30 days and payment cannot be made until such
time as appropriations are adopted by the Council and this ordinance shall take effect immediately
upon passage by the Council and approval by the Mayor.
Approved as to FOrm~.?Q- ~
City Attorney
Date
APPROVED
KATHRYN FIGLEY, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 4 - COUNCIL BILL NO.
ORDINANCE NO.
34
.... '.'
~~~
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June 20,2006
TO: Mayor and City Council through City Administrator
FROM: Ben Gillespie. Finance Director./!J;rt
SUBJECT: Adoption of City's 2006-07 Budget
RECOMMEN DA liON:
Council adopt the attached ordinance setting the City of Woodburn's budget
for 2006-07
BACKGROUND & Discussion:
On May 20, 2006 the Budget Committee concluded their hearing on the City's
2005-06 budget and unanimously recommended that the budget document be
forwarded to the City Council for the next phase of the budget process.
As required by Oregon Budget Law, the City Council conducted a public
hearing on June 12, 2006 to consider a City budget totaling $52,914,589. The
Council made one change to the Budget Committee's recommendation: to
fund a full time Program Manager position for six months, Contract Services are
decreased by $10,500, Supplies are decreased by $12,238, and Contingency in
the General Fund is decreased by $4,000. This provides $26,738 for the Program
Manager position and does not affect total appropriations.
The attached ordinance, which includes that change, totals $52,914,589.
The Council also considered the Budget Committee's recommendation to
impose the full property tax rate allowed by law ($6.0534 per $1,000 of value)
and to levy $683,550 for bonded debt, which is excluded from the statutory
limitation. The attached ordinance reflects those amounts.
An emergency clause was included in the ordinance because it is necessary
that the 2006-07 budget be adopted by July 1, 2006.
Agenda Item Review: City Administrat
City Attorney _
Financ \.
35
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Mayor and City Council
June 20, 2006
Page 2
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FINANCIAL IMPACT:
The attached ordinance is consistent with the budget policies adopted by the
Budget Committee in January 2006.
36
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COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE ADOPTING A BUDGET FOR FISCAL YEAR 2006-07, MAKING
APPROPRIATIONS, LEVYING TAXES, AND DECLARING AN EMERGENCY.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the budget for fiscal year 2006-2007 is hereby adopted as set forth below.
Section 2. That taxes provided for in the adopted budget are imposed at the rate of $6.0534 per
$1,000 of assessed value for operations and in the amount of $683,550 for bonds; and that these taxes are hereby
imposed and categorized for tax year 2006-2007 upon the assessed value of all taxable property within the City.
General Excluded from
Government the Limitation
$ 6.0534/$1,000
Tax Rate - General Govt. Operations
Bonded Debt
$ 683,550
Section 3. That the budget amounts for fiscal year 2006-2007, and for the purposes shown
below, are hereby appropriated as follows:
GENERAL FUND ---
City Council and Mayor
City Administrator's Office
City Recorder's Office
City Attorney's Office
Finance Department
Municipal Court
Non-Departmental- Materials & Services
Interfund Transfer - Transit Fund
lnterfund Transfer - R.S.V. P.
Interfund Transfer - Street Fund
lnterfund Transfer - General Fund ClP Fund
Interfund Transfer - Street / Storm CIP Fund
Interfund Transfer - Equipment Replacement Fund
Police Department
Library
Leisure Services
Swimming Pool
Parks Administration
Planning
Parks Maintenance
Operating Contingency
TOTAL GENERAL FUND APPROPRIA nONS
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
37
$ 30,834
307,376
58,341
159,472
192,380
157,876
152,835
27,507
11,000
280,000
117,513
32,000
10,000
4,410,509
1,043,772
384,611
584,893
247,182
464,213
488,530
910,929
$10,071,773
4" '.J
GENERAL OPERATING RESERVE FUND ---
Interfund Transfer - General Fund eIP Fund $200,000
Operating Contingency 26,000
TOT AL GENERAL OPERATING RESERVE FUND $ 226,000
TRANSIT SYSTEM FUND --
City Transit System $ 158,062
Dial-a-Ride Program 200,435
Inter fund Transfer - Equipment Replacement Fund 9,000
Operating Contingency 1.018
TOT AL TRANSIT SYSTEM FUND APPROPRlA TIONS $ 368,515
BUILDING FUND-
Personnel Services $ 287,711
Materials & Services 49,972
Capital Outlay 2,199
Operating Contingency 291.369
TOT AL BUILDING FUND APPROPRlA TIONS $ 631,251
SEARCH AND SEIZURE FUND ---
Materials & Services $ 3,600
TOT AL SEARCH & SEIZURE FUND APPROPRlA TIONS $ 3,600
STATE REVENUE SHARING FUND ---
Design Engineering
Construction
Interfund Transfer - Street Fund
Debt Service
Operating Contingency
$ 5,000
208,500
20,000
47,043
37,311
TOT AL ST ATE REVENUE SHARING FUND APPROPRIA nONS
$ 317,854
HOUSING REHABILITATION FUND-
Personal Services
Operating Contingency
$ 9,841
740.157
TOT AL HOUS~G REHABILITATION FUND APPROPRlA nONS
$ 749,998
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
38
.. .'"
FEDERAL PROGRAM FUND ---
Personal Services
Materials & Services
Operating Contingency
TOT AL FEDERAL PROGRAM FUND APPROPRIATIONS
CABLE FRANCHISE MANAGEMENT FUND ---
Personal Services
Materials & Services
Operating Contingency
TOT AL CABLE FRANCHISE FUND APPROPRIA nONS
STREET FUND --
Street Repair & Maintenance
Street Cleaning
Street Administration
Interfund Transfer - Tech. & Envir. Servo Fd
Interfund Transfer - Equipment Replacement Fund
Operating Contingency
TOT AL STREET FUND APPROPRIA nONS
CITY GAS TAX FUND ---
Street Maintenance
Design Engineering
Construction
Operating Contingency
TOT AL CITY GAS TAX FUND APPROPRIATIONS
BONDED DEBT FUND ---
Personnel Services
Debt Service - Principal
Debt Service - Interest
Operating Contingency
TOTAL BONDED DEBT FUND APPROPRIATIONS
BANCROFT BOND FUND -
Operating Contingency
TOT AL BA0J"CROFT BOND FUND APPROPRIA nONS
Page 3 - COUNCIL BILL NO.
ORDINANCE NO.
39
$ 81,687
11,244
715
$ 3,430
18,925
3.630
$1,053,824
102,283
188,010
233,000
55,000
168.407
$ 4,000
3,000
239,180
47.381
$ 1,715
296,000
356,000
80.678
$ 6.000
$ 93,646
$
25,985
$ 1,800,524
$ 293,561
$ 734,393
$
6,000
ECONOMIC DEVELOPMENT REVOLVING LOAN FUND ---
Materials & Services $
Capital Outlay
Debt Service
Operating Contingency
20,000
50,000
34,082
133.033
TOTAL ECON. DEVLP REV LOAN FUND APPROPRIATIONS
POLICE CONSTRUCTION FUND:
Design Engineering
Construction
Operating Contingency
TOTAL POLICE CONST. FUND APPROPRIATIONS
GENERAL FUND CAPITAL IMPROVEMENT FUND ---
Capital Outlay
Operating Contingency
$ 242,645
3,912,176
83534
$ 500,513
3.458
TOT AL GENERAL FUND CAP IT AL IMPRV. FUND APPROPRIATIONS
SPECIAL ASSESSMENT FUND ---
Administration
Design Engineering
Construction Engineering
Construction
Operating Contingency
$ 1,000
37,900
33,200
407,385
197.740
TOT AL SPECIAL ASSESSMENT FUND APPROPRIA nONS
STREET/STORM CAPITAL IMPROVEMENT FUND ---
Design Engineering
Construction Engineering
Right-of-Way
Construction
Operating Contingency
$ 239,200
207,900
500
2,315,535
197.367
TOT AL STREET ISTOR1\1 DRAIN C.LF. APPROPRIA nONS
Page 4 - COUNCIL BILL NO.
ORDINANCE NO.
40
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$ 237,115
$ 4,238,355
$ 503,971
$ 677,225
$ 2,960,502
PARKS CAPITAL IMPROVEMENT FUND ---
Design Engineering
Construction
Interfund Transfer to General Fund CIP Fund
Operating Contingency
$ 55,000
40,000
60,000
789.499
TOT AL PARKS CAPITAL IMPR V. FUND APPROPRIATIONS
$ 944,499
TRANSPORT A TION Il\lP ACT FEE FUND ---
Design Engineering
Construction
Operating Contingency
$ 200,000
934,200
2,665.415
TOTAL TRANSPORTATION IMPACT FEE FUND APPROPRIATIONS
$ 3,799,615
STORM WATER SYSTEM DEVELOPMENT FUND ---
Design Engineering
Construction Engineering
Construction
Operating Contingency
$ 65,000
16,000
528,900
215,377
TOTAL STORM WATER SYS DEVLP. FUND APPROPRIATIONS
$ 825,277
PUBLIC WORKS FACILITY EXPANSION/CONST. FUND ---
Right of Way $ 23,389
Operating Contingency 5,000
TOT AL PUBLIC WORKS FACILITY CONST. FUND APPROPRIATIONS
$ 28,389
SEWER CAPITAL IMPROVEMENT FUND ---
Debt Service
Operating Contingency
$ 29,102
71.322
TOTAL SEWER CAPITAL IMPRV FUND APPROPRIATIONS
$ 100,424
W ASTEW ATER TREAT~IENT CONSTRUCTION FUND ---
Design Engineering $
Construction Engineering
Construction
Right of Way
Debt Service
Operating Contingency
943,000
27,638
620,500
8,780
1,774,618
181.235
TOTAL WWPT CONST. FUND APPROPRIATIONS
$ 3,555,771
Page 5 - COUNCIL BILL NO.
ORDINANCE NO.
41
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WATER WELL/DISTRIB. CONSTRUCTION FUND -
Design Engineering
Construction Engineering
Right of Way
Construction
Debt Service
Operating Contingency
$ 44,300
62,100
2,500
812,550
754,000
2.264.567
TOTAL WATER SYSTEM CONST. FUND APPROPRIATIONS
WATER FUND ---
Water Supply
Meter Reading! Accounting
Water Administration
Interfund Transfer - Tech. & Envir. Servo Fd
Interfund Transfer - Equipment Replacement Fund
Operating Contingency
TOT AL WATER FUND APPROPRIATIONS
SEWER FUND -
Wastewater Treatment Plant Operations
Wastewater Pre-Treatment
Wastewater Maintenance
Wastewater Lab
Sewer Administration
Sewer Line Maintenance
Interfund Transfer - Tech. & Envir. Servo Fd
Interfund Transfer - Water Fund
Interfund Transfer - Equipment Replacement Fund
Operating Contingency
TOT AL SEWER FUND APPROPRIA nONS
WATER SYSTEM DEVELOPMENT TRUST FUND ---
Design Engineering
Construction
Debt Service
Operating Contingency
$ 3,940,017
$1,253,702
256,005
91,881
303,000
35,000
232.097
$ 2,171,685
$ 887,566
73,470
277,381
80,392
308,081
245,918
303,000
70,000
70,000
39.835
$ 2,355,643
$ 13,200
239,450
406,000
407.922
TOT AL WATER SYSTEM DEVLP. TRUST FUND APPROPRIA nONS
Page 6 - COUNCIL BILL NO.
ORDINANCE NO.
42
$ 1,066,572
...
SEWER SYSTEM DEVELOPMENT TRUST FUND ---
Right of Way
Construction
Debt Service
Operating Contingency
$ 75,000
10,000
591,540
97.576
TOTAL SEWER SYSTEM DEVELP. TRUST FUND APPROPRIATIONS
$ 774,116
INFORMATION SERVICES (IS) FUND ---
Personal Services
Materials & Services
Capital Outlay
Operating Contingency
$ 229,809
131,179
62,007
1.375
TOT AL INFORMATION SERVICES FUND APPROPRIATIONS
$ 424,370
CENTRAL STORES WORKING CAPITAL FUND --
Materials & Services
Operating Contingency
$ 21,000
3.195
TOT AL CENTRAL STORES WORKING CAP. FUND APPROPRIATIONS
$ 24,195
SELF-INSURANCE FUND ---
Personal Services
Materials & Services
Operating Contingency
TOT AL SELF-INSURANCE FUND APPROPRIATIONS
TECHNICAL & ENVIRONMENTAL SERVICES FUND ---
Public Works Administration
Engineering Division
Central Garage
Operating Contingency
$ 14,275
581,225
79.734
$ 675,234
$ 206,357
888,867
97,657
11.954
TOTAL TECH. & ENVIRONMENTAL SERVo FUND APPROPRIATIONS
$ 1,204,835
BUILDING ~IAINTENANCE FUND ---
Personal Services
Materials & Services
Operating Contingency
TOTAL BUILDING MAINTENANCE FUND
Page 7 - COUNCIL BILL NO.
ORDINANCE NO.
43
$ 282,659
342,336
866
$ 625,861
"', -..~ ...'
EQUIPMENT REPLACEMENT FUND ---
Water Equipment Replacement - Cap. Outlay
Sewer Equipment Replacement - Cap. Outlay
Maintenance Equip. Replacement - Cap. Outlay
Transit Equipment Replacement - Cap. Outlay
Parks Maintenance Equip. Replacement - Cap. Outlay
$ 160,972
145,012
71,558
73,831
28.077
TOT AL EQUIPMENT REPLACEMENT FUND APPROPRIATIONS
$ 479,450
LIBRARY ENDOWMENT FUND-
Operating Contingency
$ 24.000
TOT AL LIBRARY ENDOWMENT FUND APPROPRIA nONS
$
24,000
MUSEUM ENDOWMENT FUND ---
Operating Contingency
$ 10.500
TOTAL MUSEUM ENDOWMENT FUND APPROPRIATIONS
$
10,500
TOTAL APPROPRIATIONS -- ALL FUNDS
$46,970,721
UNAPPROPRIATED REQUIREMENTS:
General Fund:
Reserve for Buildings
Reserve for PERS
Transit Fund:
Reserve for PERS
Building Fund:
Reserve for PERS
Reserve for Equipment
Federal Program Fund:
Reserve for PERS
Street Fund:
Reserve for PERS
General Fund Capital Improvement Fund:
Fund Balance Reserve - Police
Fund Balance Reserve - Building
Transportation Impact Fee Fund:
Reserve for Future Capacity
Storm Water System Development Fund:
Reserve for Future Capacity
Wastewater Treatment Construction:
Reserve for DEQ Loan
W ater Well/Distribution Construction Fund:
Reserve for Loan
187,000
501,000
14,600
21,830
12,400
4,280
38,176
10,000
15,000
2,665,414
215,377
292,125
754,000
Page 8 - COUNCIL BILL NO.
ORDINANCE NO.
44
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Water Fund:
Reserve for PERS 50,918
Sewer Fund:
Reserve for PERS 79,349
Water System Development Trust Fund:
Reserve for Future Capacity 406,000
Sewer System Development Trust Fund:
Reserve for DEQ Loan 589,710
Technical & Environmental Services Fund:
Reserve for PERS 74,141
Building Maintenance Fund:
Reserve for PERS 12,548
TOTAL UNAPPROPRIATED REQUIREMENTS -- ALL FUNDS $ 5,943,868
TOT AL 2006-2007 CITY BUDGET $52,914,589
Section 4. That the City Recorder shall certify the tax rate and tax levy to the County Clerk and
County Assessor of Marion County, Oregon, made thereby and shall file with the Department of Revenue and
the Division of Audits of the Secretary of State, State of Oregon, a true copy of the budget as finally adopted in
accordance with the provisions of the Local Budget Laws of the State of Oregon.
Section 5. That if any clause, sentence, paragraph, section or portion of this ordinance for any
reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its
operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the
controversy in which such judgment is rendered.
Section 6. This ordinance being necessary for the public peace, health and safety, in that a
budget for fiscal year 2006-2007 needs to be adopted by July 1,2006 in order to continue City services, an
emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and
approval by the Mayor.
Approved as to Form77, ~ /KJ
City Attorney
6 / '2ZI Z 00 b
I Date
APPROVED
KATHRYN FIGLEY, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 9 - COUNCIL BILL NO.
ORDINANCE NO.
45
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June 6, 2006
TO: Mayor and City Council through City Administrator
FROM: Mary Tennant, City Recorder t\A(
SUBJECT: Eligibility to Receive State Shared Revenues in Fiscal Year 2006-07
RECOMMENDATION:
Council adopt the attached resolution declaring the City's eligibility to receive
state-shared revenues during fiscal year 2006-07.
BACKGROUND:
Annually the City is required under State statute to adopt a Resolution declaring
the City's eligibility to receive State revenues derived from various sources such
as gas tax, liquor tax, and cigarette tax. This resolution must be filed with the
Department of Administrative Services by July 31, 2006 in order to receive funds
allocated by the legislature during fiscal year 2006-07.
DISCUSSION:
The 2006-07 proposed budget will reflect projected revenues from these state-
shared revenues for various operational purposes within the General Fund and
Street Fund. The estimated per capita distribution is as follows:
State Gas Tax Revenue
Liquor Tax
Cigarette Tax
$46.95 per capita
$ 9.92 per capita
$ 1.59 per capita
FINANCIAL IMPACT:
During fiscal year 2006-07, the City anticipates receiving $1,253,000 in state-
shared revenues.
Agenda Item Review:
City Administrato ~
City Attorney
46
"'H" .,
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION CERTIFYING THE ELIGIBILITY OF THE CITY OF WOODBURN
TO RECEIVE ST ATE-SHARED REVENUES DURING FISCAL YEAR 2006-2007.
WHEREAS, Oregon Revised Statutes 221.760 provides that the officer
responsible for disbursing funds to cities under ORS 323.455, 366.785 to 366.820 and 471.805
shall, in the case of a city located within a county having more than 100,000 habitants according
to the most recent federal decennial census, disburse such funds only if the City provides four or
more of the following services: (1) Police protection, (2) Fire protection, (3) Street construction,
maintenance, and lighting, (4) Sanitary sewer, (5) Storm sewers, (6) Planning, zoning, and
subdivision control, and (7) one or more utility services, and
WHEREAS, City officials recognize the desirability of assisting the state officer
responsible for determining the eligibility of cities to receive such funds in accordance with ORS
221. 7 60, now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn hereby certifies that it provides the
following four or more services enumerated in ORS 221.760 (1):
(1) Police protection;
(2) Street construction, maintenance, and lighting;
(3) Sanitary sewers;
(4) Storm sewers;
(5) Planning, zoning, and subdivision control; and
(6) One Utility service.
APprovedastoForm~'~ ~
City Attorney
4'2Z {z 00 (,
ate
APPROVED
KATHRYN FIGLEY , MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page I - Council Bill No.
Resolution No.
47
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June 5, 2006
TO: Mayor and City Council through City Administrator
FROM: Mary Tennant, City Recorder ~
SUBJECT: State Revenue Shoring Funds for Fiscal Year 2006-07
RECOMMENDATION:
Council adopt the attached resolution declaring City's election to receive State
Revenue Sharing funds in fiscal year 2006-07.
BACKGROUND:
Annually the City is required under State statute to adopt a resolution declaring
the City's election to receive State Revenue Sharing funds. This resolution must
be filed with the State Department of Administrative Services before July 31,
2006 in order to receive the funds allocated by the legislature during fiscal year
2006-07.
DISCUSSION:
In order to receive State Revenue Sharing funds, the statute requires the City to
hold public hearings before the Budget Committee and City Council for the
purpose of giving the public an opportunity to comment on proposed uses of
the funds. The hearing before the Budget Committee was held on May 20, 2006
and before the Council on June 12, 2006.
FINANCIAL IMPACT:
During fiscal year 2006-07, the City anticipates receiving $160,000 In State
Revenue Sharing funds.
Agenda Item Review:
\~
--
City Administrator ~ City Attorney
Financ
48
'..
COUNCIL BILL NO.
RESOLUTION NO.
AN RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE
REVENUES DURING FISCAL YEAR 2006-2007.
Whereas, ORS 221.770 requires cities to pass a resolution annually declaring
their election to receive state revenue sharing, now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. Pursuant to ORS 221.770, the City hereby elects to receive state
revenues for fiscal year 2006-2007.
Approved as to Form~.rrd- ~
City Attorney
~{ Z. '2. (1 0 0 b
Date
APPROVED
KATHRYNFIGLEY, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No.
Resolution No.
49
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June 23, 2006
TO: Mayor and City Council through City Administrator
FROM: Linda Sprauer, Library Director
SUBJECT: Chemeketa Cooperative Regional Library Service (CCRLS) Contract
RECOMMENDATION:
Adopt the resolution approving the Intergovernmental Agreement Contract
Amendment by the Woodburn City Council and authorize the Mayor and
Library Director to sign said agreement.
BACKGROUND:
The entire Intergovernmental Contract Agreement between Chemeketa
Community College (on behalf of C.C.R.L.S.) and the City of Woodburn was
updated November 13, 2002 at the request of the legal counsel of Chemeketa
Community College. Each successive year the contract is updated consisting of
an amendment page, which speaks specifically to the current changes and
modifications, which are relatively minor this year.
DISCUSSION:
The changes for 2006-2007 FY specifically address the actual dollar amount of
compensation to the City.
FINANCIAL IMPACT:
The actual amount of compensation for fiscal year 2006-07 is $54,120, an
increase of $4,266 from fiscal year 2005-06. However that amount may increase
with funds received through net lending (see 2.0 Compensation, subsection 2.2).
Agenda Item Review:
/
City Administrat~ City Attorney _
Finance
50
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT CONTRACT
AMENDMENT WITH CHEMEKETA COMMUNITY COLLEGE FOR PARTICIPATION IN THE
CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE (CCRlS) AND AUTHORIZING THE
MAYOR AND LIBRARY DIRECTOR TO SIGN SAID AGREEMENT.
WHEREAS, the City has, for several years, participated in the Chemeketa
Cooperative Regional library Service (CCRLS); and
WHEREAS, participation in CCRLS enables city residents to have access to free
reciprocal borrowing privileges and use of an automated library system involving other
participating libraries; and
WHEREAS, it is in the interest of the City to continue this service, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Mayor and Library Director are authorized to execute an
Intergovernmental Agreement Contract Amendment (Contract # 194 03, Change Letter
D) for the period from July 1,2006 through June 30,2007, with Chemeketa Community
College for participation in the Chemeketa Cooperative Regional Library Service
(CCRLS) .
Section 2. That a copy of said agreement is attached hereto as Exhibit A and, by
this reference, is incorporated herein.
Approved as to form:
City Attorney
Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No.
Resolution No.
51
IXHIBIT A
Page .....L. of .,
CHEMEKETA CCDPERATIVE .."
REGIONAL LIBRARY
SERVICE
CONTRACT #194 03
CHANGE LETTER D
INTERGOVERNMENTAL AGREEMENT CONTRACT AMENDMENT
This amendment is made and entered into for the period of July 1, 2006 through June 30, 2007,
by and between CHEMEKET A COMMUNITY COLLEGE hereinafter called COLLEGE and
WOODBURN, OREGON, an Oregon municipal corporation, hereinafter called the CITY.
1. Addendum number four (4) to original contract number 194 03.
2. The contract entered into on November 13,2002, between the COLLEGE and CITY
shall be amended as follows:
2.0 COMPENSATION, point 2.1 is changed to read as follows:
CITY will be compensated by COLLEGE in the amount of$54,120.00 as compensation
for the CITY providing nonresident library service for the residents of the COLLEGE
District. Payments shall be made in four equal installments of$13,530.00 at the end of
each quarter, subject to CITY'S signature of this amendment.
2.0 COMPENSATION, subsection point 2.2 is changed to read as follows:
The COLLEGE shall pay the CITY for each net loan provided, i.e., the difference
between the number of CITY items loaned to and checked out in another library and the
number of items owned by other libraries borrowed and checked out by the CITY library.
Tabulation of net loans shall be provided by the CCRLS automated integrated library
system. Payments are subject to CITY'S signature of this amendment.
A budget of $48,200.00 shall be designated for this program for 2006-07 with $12,050.00
budgeted each quarter. The CITY shall be paid its pro rata share on a quarterly basis.
3. ATTACHMENT A. CCRLS Council Members List is replaced by the 2006 -07 CCRLS
Council Member List which is attached and which is incorporated herein by this
reference.
4. In performing the above, it is understood and agreed that all other terms and conditions of
the original contract are still in effect.
CCRLS . P.O. Box 14007 . 4000 Lancaster Dr. . Salem, OR 97309-7090
52
'"""Ill'
EXHIBIT A
Page~ of ~
SIGNATURES
This contract and any changes, alterations, modifications, or amendments to it shall not be
effective until approved by the appropriate representative of the parties hereto.
In witness whereof, the parties hereto have caused this agreement to be executed on the date set forth
below.
FOR THE CITY OF WOODBURN:
FOR CHEMEKET A
COMMUNITY COLLEGE:
Signature
Kathy Figley
Mayor, City of WOODBURN
~ r- t::f2-
-'Signature
Gregory P. Nelson
Director, Chemeketa Cooperative
Regional Library Service - CCRLS
6 - 2-Z-0~
Date
Date
APPROVED:
Linda Sprauer
Library Director
Woodburn Library Amendment
CCC194 03D - FY2006-07
53
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'"" I ,",,,,nIVII;;I.. I '"'
CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE
FY2006.07 Council Members
Linda Carol Scott, Chair
Yamhill County Lay Member
440 'E' Street NE/P. O. Box 257
Willamina, OR 97396
Phone: (h) 503-876-4574 (w)503-550-4195
Cell: 971-237-5577
+Term expires: 6/30/07
Yvonne Bashor
Marion County Lay Member
7963 Jackson Hill Road SE
Salem, OR 97306
Phone: (h) 503-370-8776 (w) 503-986-1919
Internet: ybashor@yahoo.com
+ Term expires: 6/30/08
John C. Brown
City Manager Representative
Woodburn City Manager
270 Montgomery Street
Woodburn, OR 97071
Phone: (b )503-982-5228
Internet: john.brown@cLwoodburn.or.us
Leah Griffith
PYM Chair
Director - Newberg Public Library
503 East Hancock Street
Newberg, OR 97132
Phone: (b )503-53 7 -1256 FAX 503-538-9720
Internet: leahg@ccrls.org
+Term expires: 6/30/07
Toni Haight
Chemeketa College Representative
Director - Chemeketa Library
4000 Lancaster Drive/P. O. Box 14007
Salem, OR 97309-7070
Phone: 503-399-5105 FAX: 503-399-5214
Internet: tonih@chemeketa.edu
Louise Meyers
Small Library Representative
Director - Jefferson Public Library
128 N Main Street/P.O. Box 1068
Jefferson I OR 97352
Phone: 541-327-3826
Internet: louise@ccrls.org
+ Term expires: 6/30/07
Rev. 6/5106
EXHIBIT A
Page~ of S
Steven Rupp
Rural Lay Representative
1301 NE Hwy 99W #294
McMinnville OR 97128
Phone: (h)503-435-2223
Cell: 971-241-9251
Internet: melcor@onlinemac.com
+ Term expires: 6/30/07
Gail Warner
Large Library Representative
Director - Salem Public Library
585 Liberty Street S.E.JP.O. Box 14810
Salem, OR 97309
Phone: 503-588-6071 FAX: 503-588-6055
Internet: gwarner@cityofsalem.net
Donna Zehner
Medium Library Representative
Director - Dallas Public Library
950 Main Street
Dallas, OR 97338
Phone: (b)503-623-2633 FAX 503-623-7357
Internet: donna@ccrls.org
+Term expires: 6/30/07
Polk County Lay Member
Vacant
Ex Officio Members
Greg Nelson
CCRLS Director
4000 Lancaster Drive/P. O. Box 14007
Salem, OR 97309-7070
Phone: 503-399-5105 FAX: 503-399-7316
Dave Galati, Executive Director
Mid-Willamette Council of Government
105 High Street S. E.
Salem, Oregon 97301-3667
Phone: 503-588-6177 FAX: 503-588-6094
Internet: dqalati@open.orQ
RecordinQ Secretary
Eileen Buyserie, Secretary
4000 Lancaster Drive NE/P. O. Box 14007
Salem, OR 97309-7070
Phone: 503-399-5119 FAX: 503-399-7316
Internet: buve@chemeketa.edu
54
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June 20, 2006
TO:
Honorable Mayor and City Council through City Administrator
FROM:
David Torgeson, Assistant City Engineer, through Director of P~~
Works --~~
SUBJECT:
Highway 214 Sidewalk Phase 2 Contract Award
RECOMMENDATION:
Award a contract to W&H Pacific, Inc. for consulting design services in
connection with Highway 214 Sidewalk - Phase 2 and authorize the City
Administrator to execute an agreement for services in an amount not to exceed
$107,021.29.
BACKGROUND:
An application for an ODOT Bicycle - Pedestrian Grant was made on July 1,
2004. On October 29, 2004, notice was received that a grant in the amount of
$480,500 was available for construction of sidewalk on the north side of Highway
214, with a connection to Front Street. The Intergovernmental Agreement was
approved and signed in February 2005. The available construction period was
defined between July 2006 and October 2007. Local share of the total project
cost has been estimated at $25,000. Upon completion of the project,
determination of local share will be made with reference to actual costs
experienced during design and construction. The grant amount is fixed.
Staff elected to seek an outside consultant to perform design. Selection began
with publication of a Request for Proposals that was placed in the Daily Journal
of Commerce on February 28, 2006. Proposals were received from four firms
listed below:
Group Mackenzie Engineering, Inc.
Ukiah Engineering, Inc.
Pac West Engineering, PC
W &H Pacific, Inc.
Agenda Item Review: City Administrator _
City Attorney _
Finance
55
..'..~ "'.'
Honorable Mayor and City Council
June 20, 2006
Page 2
.
.
The public contracting requirements for projects receiving State Highway funding
were followed. The qualification-based proposals were screened and rated by a
three-member selection/evaluation committee. W&H Pacific was the highest
scoring candidate and is the recommendation of staff for the contract award.
DISCUSSION:
W &H Pacific and staff have reached agreement on scope, fee and schedule.
W&H Pacific's fee for the design is $107,021.29. W&H is prepared to commence
the design effort immediately upon award of the contract. The design will be
completed by May 1, 2007. Construction will be during summer 2007. The
schedule is most sensitive to the duration of ODOT review and approval of the
design.
FINANCIAL IMPACT:
The first half of the grant ($240, 250) will be deposited with the City upon written
request to OOOT grant program manager. As stated above, the City's portion
of the design fee is estimated to be $25,000 and the remainder of the fee may
be paid from grant funds. No financial impact will result until construction
contractor payments are made.
56
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into as of the date first indicated on the
signature page, by and between the City of Woodburn, an Oregon municipal corporation
(hereinafter referred to as "CITY"), and W&H Pacific, Inc., a corporation (hereinafter
referred to as "CONSUL TANT").
WHEREAS, CITY needs certain professional consultant services; and
WHEREAS, CITY wants to engage CONSULTANT to provide these services by
reason of its qualifications and experience; and
WHEREAS, CONSULTANT has offered to provide the required services on the
terms and in the manner set forth herein,
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The Scope of Work to be performed by CONSULTANT under this Agreement is
described in Exhibit A, which is attached to this Agreement. Additionally,
CONSULTANT's proposal in response to CITY's RFP is incorporated by reference as
part of this Agreement as if fully set forth.
SECTION 2 - DUTIES OF CONSULTANT
A. CONSULTANT shall be responsible for the professional quality, technical
accuracy and coordination of all work furnished by CONSULTANT under this
Agreement. CONSULTANT shall, without additional compensation, correct or revise
any errors or deficiencies in its work.
B. CONSULTANT represents that it is qualified to furnish the services described in
this Agreement.
C. CONSULTANT shall be responsible for employing or engaging all persons
necessary to perform its services.
D. It is understood that Ed Chamberland, P.E. will be designated by
CONSULTANT as the Project Manager, a key person on the team providing services to
CITY, under this Agreement and that this designated person shall not be replaced
without CITY's approval.
SECTION 3 - DUTIES OF CITY
PERSONAL SERVICES AGREEMENT - W&H PACIFIC
HIGHWAY 214 SIDEWALK PHASE 2
PAGE 1
57
...
A. CITY shall provide CONSULTANT the pertinent information regarding CITY's
requirements for the Project.
B. CITY shall examine documents submitted by CONSULTANT and shall render
decisions promptly, to avoid unreasonable delay in the progress of CONSULTANTS
work.
C. CITY certifies that sufficient funds are available and authorized for expenditure
to finance costs of this Agreement.
D. The contact person on the Project for CITY is designated as David Torgeson,
Assistant City Engineer. CITY shall provide written notice to CONSULTANT if CITY
changes its contact person.
SECTION 4- TERM
The services to be performed under this Agreement shall commence upon
execution of the Agreement by both parties and be completed on or before Mav 1.
2007.
SECTION 5 - PAYMENT
Payment shall be made by CITY to CONSULTANT only for services rendered and
upon submission of a payment request and CITY approval of the work performed. In
consideration for the full performance of the services set forth in Exhibit A, CITY agrees
to pay CONSULTANT a fee not to exceed $107.021.29. Compensation shall be only for
actual hours worked on the Project, at the rates specified in Exhibit B, and related direct
expenses. CONSULTANT shall furnish with each bill for services an itemized statement
showing the amount of services devoted to the Project by CONSULTANT as well as any
agents or employees of CONSULTANT and any direct expenses.
Section 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law,
CITY shall have the right to terminate this Agreement or suspend work on the Project
for any reason upon ten (10) days' written notice to CONSULTANT. CONSULTANT
agrees to cease all work under this Agreement upon receipt of said written notice.
PERSONAL SERVICES AGREEMENT - W&H PACIFIC
HIGHWAY 214 SIDEWALK PHASE 2
PAGE 2
58
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SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement,
although instruments of professional service, are and shall be the property of CITY,
whether the Project for which they are made is executed or not.
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the
performance of this Agreement shall be considered as confidential by CONSULTANT
until they are released by CITY to the public. CONSULTANT shall not make any such
documents or information available to any individual or organization not employed by
CONSULTANT or CITY without the written consent of CITY before any such release.
SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire
any interest, direct or indirect, financial or otherwise, which would conflict in any manner
or degree with the performance of the services under this Agreement.
SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required
under this Agreement, CONSULTANT shall at all times be considered an independent
contractor, under control of CITY as to the result of the work but not the means by which
the result is accomplished. Nothing herein shall be construed to make CONSULTANT
an agent or employee of CITY while providing services under this Agreement.
Section 11 - Indemnity
CONSULTANT agrees to hold harmless and indemnify CITY, its officers and
employees from and against any and all claims, loss, liability, damage, and expense
arising from the negligent, or claimed negligent, performance of this Agreement by
CONSULTANT, its officers or employees. CONSULTANT agrees to defend CITY, its
officers or employees against any such claims. This provision does not apply to claims,
loss, liability or damage or expense arising from the sole negligence, or willful
misconduct, of CITY.
Section 12 - Insurance
CONSULTANT shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, with a limit of not less
than $1,000,000 for each occurrence.
PERSONAL SERVICES AGREEMENT - W&H PACIFIC
HIGHWAY 214 SIDEWALK PHASE 2
PAGE 3
59
... ".'''' ....
B. Automobile Liability Insurance, occurrence form, with a limit of not less than
$1,000,000.00 for each occurrence. Such insurance shall include coverage for owned,
hired, and non-owned automobiles.
C. Workers Compensation in at least the minimum statutory limits.
D. All insurance shall:
1. Include CITY as an additional insured with respect to this Agreement and the
performance of services in this Agreement.
CITY.
2. Be primary with respect to any other insurance or self-insurance programs of
3. Be evidenced, prior to commencement of services, by properly executed
policy endorsements in addition to a certificate of insurance provided to CITY.
4. No changes in insurance may be made without the written approval of CITY.
SECTION 13 - NONASSIGNABILlTY
Both parities recognize that this Agreement is for the personal services of
CONSULTANT and cannot be transferred, assigned, or subcontracted by
CONSULTANT without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON PROFESSIONAL SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that
CONSULTANT is skilled in the professional calling necessary to perform the work
agreed to be done under this Agreement and that CITY relies upon the skill of
CONSULTANT to do and perform the work in the most skillful manner, and
CONSULTANT agrees to perform the work. The acceptance of CONSULTANT'S work
by CITY does not operate as a release of CONSULTANT from said obligation.
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or
condition of this Agreement or of any provisions of any ordinance or law shall not be
deemed to be a waiver of such term, covenant, condition, ordinance or law or of any
subsequent breach or violation of same or of any other term, covenant, condition,
ordinance or law or of any subsequent breach or violation of the same or of any other
term, condition, ordinance, or law. The subsequent acceptance by either party of any
fee or other money, which may become due hereunder, shall not be deemed to be a
waiver of any preceding breach or violation by the other party of any term, covenant, or
condition of this Agreement of any applicable law or ordinance.
PERSONAL SERVICES AGREEMENT - W&H PACIFIC
HIGHWAY 214 SIDEWALK PHASE 2
PAGE 4
60
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SECTION 16 - STATE PUBLIC CONTRACT PROVISIONS
All requirements of ORS Chapters 279A. 279B, and 279C including but not limited
to the following, as applicable, are incorporated herein by reference.
A. If Contractor fails, neglects or refuses to make prompt payment of any claim for
labor or services furnished by any person in connection with this Contract as such claim
becomes due, Agency may pay such claim to the person furnishing the labor or services
and charge the amount of the payment against funds due or to become due Contractor
by reason of the Contract. The payment of a claim in the manner authorized above
shall not relieve the Contractor or its surety from its obligation with respect to any
unpaid claims.
B. Contractor and its subcontractors, if any, are subject to Oregon Workers'
Compensation Law, which requires all employers that employ subject workers who work
under this Contract in the State of Oregon to comply with ORS 656.017 and provide the
required workers' compensation coverage, unless such employers are exempt under
ORS 656.126. Contractor shall ensure that each of its subcontractors, if any, complies
with these requirements.
C. Contractor shall, upon demand, furnish to the Agency, written proof of workers'
compensation insurance coverage. Contractor is required to submit written notice to the
Agency thirty (30) days prior to cancellation of said coverage.
D. Contractor shall use recyclable products to the maximum extent economically
feasible in the performance of the contract.
E. Contractor is engaged as an independent contractor and will be responsible for
any federal or state taxes applicable to any payments made under this Contract.
F. Contractor agrees and certifies that it is a corporation in good standing and
licensed to do business in the State of Oregon. Contractor agrees and certifies that it
has complied and will continue to comply with all Oregon laws relating to the
performance of Contractor's obligations under this Contract.
G. Contractor shall:
G.1 Make payment promptly, as due, to all persons supplying to the Contractor
labor and material for the prosecution of the work provided for in the contract
documents;
G.2 Pay all contributions or amounts due to the State Accident Insurance Fund
incurred in the performance of this Contract;
G.3 Not permit any lien or claim to be filed or prosecuted against the Agency
on account of any labor or material furnished; and
PERSONAL SERVICES AGREEMENT - W&H PACIFIC
HIGHWAY 214 SIDEWALK PHASE 2
PAGE 5
61
... . *'.... '.'
GA Pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
H. The Contractor shall promptly as due, make payment to any person, co-
partnership or association or corporation furnishing medical, surgical and hospital care
or other needed care and attention, incident to sickness or injury, to the employee of
such Contractor, of all sums which the Contractor agrees to pay for such services and
all moneys and sums which the Contractor collected or deducted from the wages of
employees pursuant to any law, contract or Agreement for the purpose of providing or
paying for such service.
I. The CONTRACTOR shall pay employees for overtime work performed under
the contract in accordance with ORS 653.010 to 653.261 and the Fair labor Standards
Act of 1938 (29USC201 et. seq.).
J. An employer must give notice to employees who work on a contract for services
in writing, either at the time of hire or before commencement of work on the contract, or
by posting a notice in a location frequented by employees, of the number of hours per
day and days per week that the employees may be required to work.
K. Contractor will comply with 279.835 et seq. in the procurement of products and
services from a nonprofit agency for disabled individuals.
SECTION 17 - ATTORNEY FEES
In the event a suit or action is instituted to enforce any right guaranteed pursuant to
this Agreement, the prevailing party shall be entitled to, in addition to the statutory costs
and disbursements, reasonable attorney fees to be fixed by the trial and appellate
courts respectively.
SECTION 18 - NOTICES
All notices hereunder shall be gIven In writing and mailed, postage prepaid,
addressed as follows:
TO CITY:
TO CONSULTANT:
Frank Tiwari, Director of Public Works
190 Garfield Street
Woodburn, OR 97071
Ken Husby, Project Principal
W&H Pacific
3470 Pipebend Place, Suite 170
Salem, OR 97301-1784
PERSONAL SERVICES AGREEMENT - W&H PACIFIC
HIGHWAY 214 SIDEWALK PHASE 2
PAGE 6
62
'", "'~
SECTION 19 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated Agreement between CITY and
CONSULTANT and supersedes all prior negotiations, representations, and agreements,
either written or oral.
This document may be amended only by written instrument, signed by both CITY
and CONSULTANT
SECTION 20 - GOVERNING LAW
This Agreement shall be governed by the laws of the State of Oregon.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement
the day and year written.
CITY OF WOODBURN:
CONSULTANT:
By:
By:
John C. Brown
Ken Husby
Title: City Administrator
Title: Proiect Principal
Date: Date:
PERSONAL SERVICES AGREEMENT - W&H PACIFIC PAGE 7
HIGHWAY 214 SIDEWALK PHASE 2
63
...
EXHIBIT "A"
SCOPE OF WORK
The Project occurs in the right-of-way of State Route 214. All work
performed by the Consultant shall conform to the design and construction
standards of the Oregon Department of Transportation (ODOT).
A. Outline of Tasks
Task 1: Project Management and Coordination
Consultant shall prepare a detailed project schedule showing all major tasks,
PDT meetings, and review milestones. The schedule must be updated at major
milestones throughout the duration of the work by Consultant. Monthly progress
reports and progress billings shall be prepared in a format approved by the City.
Consultant Project Management responsibilities are:
. Contract management.
. Subconsultant management.
. Schedule, coordinate, and supervise project work.
. Maintain liaison and coordination with City, OOOT, and outside agencies.
. Prepare records of decisions.
. Prepare progress reviews.
. Monitor project budget.
. Prepare, maintain, and update project activity schedule.
. Provide timely responses to City and OOOT comments.
Task 2: Site Survey and Mapping
Consultant shall perform all surveying needed to prepare mapping, design
all elements of the project, and prepare easement descriptions. Consultant Site
Survey and Mapping responsibilities are:
. Research and compile available survey data.
. Recover existing horizontal and vertical control points.
. Perform surveying and mapping, as necessary, to update existing
information.
. Locate and map existing natural and man-made features.
. Map limits of potentially jurisdictional wetlands (should they be
determined to exist) that may be impacted by construction.
. Tie horizontal locations of all utilities.
. Convert and update the existing base map
PERSONAL SERVICES AGREEMENT - W&H PACIFIC
HIGHWAY 214 SIDEWALK PHASE 2
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Task 3: Preliminary Design
Consultant shall prepare preliminary design of all roadway elements including,
but not limited to, roadway geometry and pavement sections associated with this
project. Consultant Preliminary Design responsibilities are:
. Prepare and evaluate concepts for alternative alignments of sidewalk in
Front Street Ramp. A location on east side of roadway shall be compared with a
location on the west.
. Modifications to enhance pedestrian safety at the intersections of the
ramp with the highway and Front Street shall be examined.
. Prepare preliminary design.
· Evaluate storm water collection and disposal alternatives.
. Review preliminary design alternatives with the City and ODOT.
. Review available budget vs. estimated costs; if necessary, work with the
City to make adjustments in the design needed to meet project objectives within the
available budget.
. Respond to City and ODOT review comments.
The preliminary design will be a strip map of the proposed design
documenting geometric features of the design and drainage concepts. It will be a
30% design.
Task 4: Environmental
A wetland delineation that includes the limits of this project was completed
during the previous phase of the project. W&H Pacific will review the previous
wetland delineation and will submit, during preliminary design stage, to Oregon
DSL for concurrence.
Consultant shall identify environmental review needed for the project, and
then prepare a Letter of No Effect memo with regard to Endangered Species Act
needed to advance the project for construction. Consultant Environmental
Review responsibilities are:
· Coordinate environmental work with OOOT, the Oregon Department of
Environmental Quality (OEQ), the Oregon Department of Fish and Wildlife,
Oregon Department of State Lands (OSL), and the Oregon Natural Heritage
Program (OHNP).
. Perform a site inspection and prepare an environmental review letter
report addressing natural resources issues (including wetlands) and storm water
discharge increases resulting from the project.
PERSONAL SERVICES AGREEMENT - W&H PACIFIC
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PAGE 9
65
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Task 5: Right-af-Way Research, Mapping, Descriptions, and Staking
Consultant shall research existing right-ot-way intormation and prepare legal
descriptions tor easements to be acquired. Consultant Right-ot-Way Research,
Mapping, Descriptions, and Staking responsibilities are:
· Research and compile available right-ot-way data.
· Prepare legal descriptions and documentation tor acquisition ot
temporary and permanent easements by the City. One easement will be
required for the project. A small update to the ODOT right ot way map will be
required
· Easement descriptions shall be prepared by an Oregon licensed
professional land surveyor.
· Provide staking of easements for acquisition.
Task 6: Utility Location and Coordination
Consultant shall identify and locate all known utilities within the project limits,
initiate contacts with utility companies, and coordinate relocations needed tor
construction of the Project. Consultant Utility Location and Coordination
responsibilities are:
· Identify utilities within the vicinity of the project.
· Send preliminary plans to each of the affected utilities.
· Determine possible conflicts with utilities.
· Establish communication with affected utilities, with the objectives of
providing notice of design intent and mitigating conflicts (maximum of two
meetings).
· In instances where there may be a major conflict with utilities, tie the
vertical location of the utility (maximum of 4 holes).
Task 7: Final Design
Consultant shall prepare the final design of all roadway elements including, but
not limited to, roadway geometry, pavement sections, drainage, construction
staging and traffic control, erosion control, and pavement markings and striping.
Consultant Final Design responsibilities are:
· Prepare final design including final drawings.
· Prepare proposed construction schedule.
· This task includes 3 submittals: preliminary plans (70%), advance plans
(95%), and final plans (100%). Task 3 - Preliminary Design includes the 30%
design.
· Respond to City and ODOT comments on final plans, specifications and
estimates, and make revisions as necessary.
PERSONAL SERVICES AGREEMENT - W&H PACIFIC
HIGHWAY 214 SIDEWALK PHASE 2
PAGE 10
66
Task 8: Specifications and Special Provisions
· W&H Pacific will write the technical specifications, and shall prepare
Special Provisions utilizing ODOT Standard Special Provisions.
Task 9: Quantities and Cost Estimates
Consultant shall prepare updated cost estimates with each review milestone
during the project design. Consultant Quantities and Cost Estimates
responsibilities are:
· Determine preliminary quantities and prepare cost estimates at review
milestones.
· Prepare final quantities estimate and Engineer's Cost Estimate.
Task 10: Bidding Assistance
Consultant shall be available for answering questions during the advertising
and bidding of the project. The following subtasks involved in Bidding Assistance
are:
· Respond to questions from bidders and City.
· Prepare plans and specifications addenda as needed.
. Assist with the evaluation of bids, if necessary.
Task 11. ODOT Coordination - Consultant shall work with the City to set
up a Project Development Team (PDT) consisting of Consultant and appropiate
subconsultant staff, City staff, and ODOT staff as appropiate. Consultant shall
schedule, prepare for, attend, and document PDT meetings and coordinate these
activities with the City and ODOT. The meetings shall be used to review the
proposed design at major milestones, evaluate impacts to right of way, the
environment, and utilities, verify conformance to ODOT standards, and review
constructability.
Task 12: Contingencies - Consultant will indicate an allowance equal to
five percent (5%) of total calculated fee as a line item on Exhibit B - Rates and
Fee Estimate. No expenditure from this allowance will be made without approval
of the Director of Public Works.
B. Reviews and Proiect Schedule:
This project is scheduled for a spring 2007 bid opening. The Consultant
shall prepare his schedule to enable construction to commence no later than
June 1, 2007.
PERSONAL SERVICES AGREEMENT - W&H PACIFIC
HIGHWAY 214 SIDEWALK PHASE 2
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At minimum, reviews of the design shall be held at approximately 30%, 70%
(preliminary plans review), 95% (advance plans and specifications review), and
100% (plans-in-hands review).
Consultant shall prepare and submit a project schedule with the following
milestones:
. Project pre-design meeting
. Field survey
. Environmental reports
. Preliminary design
. Utility coordination
. Easement descriptions
. 95 percent plans, specifications, and estimate
. Final plans and specifications
. City and OOOT reviews
. Recommended bid let date
C. Project Deliverables:
Preliminary plans (70%), Advance plans (95%), and Final plans (100%) will
be submitted in 11x17 paper format.
Final PS&E plans will be as follows: Roadway plans will be 11x17 Mylar
deliverables and Structural plans will be 22x34 Mylar deliverables per OOOT
requirements, stamped and signed by an Engineer registered in the State of
Oregon.
Consultant shall supply all elements of engineering design, plan sheet, and
quantities in English measurements.
Consultant shall provide digital copies of plan sheets in AutoCad 2000
format. An electronic copy of the special provisions (MS Word) and bid schedule
(MS Excel) will be provided.
All engineering and surveying shall be performed under the direction of the
appropriate professional engineer and surveyor registered in the State of
Oregon. The professional that has provided the direct supervision of the work
shall stamp all reports, maps, plans, and specifications.
Following is list of plan sheets by topics that shall be prepared and submitted
by the Consultant on this project, where applicable and where required by
OOOT:
. Title sheet with Drawing Index
. Roadway typical sections
PERSONAL SERVICES AGREEMENT - W&H PACIFIC
HIGHWAY 214 SIDEWALK PHASE 2
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· Roadway details
· Pipe Data
· Roadway plans and profiles
· Traffic control and stage construction
· Erosion control details and plans
· Water Quality Details and Profiles
· Pavement Marking and Striping Plan
. Planting Plans
. Bridge Plans
Bidding Documents:
· Unit Price Bid Schedule
· Special Provisions
D. City Responsibilities
· City will negotiate and secure right-of-way and easements required for
the Project.
· City will assemble the bid package, including bidding and contracting
forms, general conditions, wage requirements, and administrative special
provisions.
· City will print Contract Documents; distribute them to prospective bidders
and plan centers; and shall administer bid opening.
E. Clarifications and Exceptions
During previous phases W&H Pacific developed a basemap which includes
the current project limits. W&H Pacific combined survey data from Barker
Surveying (English units, AutoCad format), W&H Pacific (metric unit, Microstation
format), and ODOT data (metric units, Microstation format) into a metric
basemap in the Microstation format. W&H Pacific will convert the existing map to
English units and will compile in AutoCad 2000 format. W&H Pacific shall collect
field data as required to update the current basemap.
The pavement design previously completed for the 2003 pavement
preservation project on Highway 214 is applicable. No design exceptions are
required from ODOT for this project.
Public Involvement and Railroad coordination are not included as Consultant
responsibility. An ODOT 'Utility Timing and Status Report' is not required for this
project.
Up to four (4) PDT meetings are included. W&H Pacific will commit up to
three (3) key team members to attend the PDT meetings. The Consultant's fee
is based on the understanding that ODOT shall provide a single point of contact
PERSONAL SERVICES AGREEMENT - W&H PACIFIC
HIGHWAY 214 SIDEWALK PHASE 2
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f... '.
for setting up PDT meetings, distributing products for review, and gathering
review comments
Not included in the scope is wetland delineation, DSUCorps Removal/Fill
permit applications, a DEQ stormwater management plan, nor a biological
assessment.
The environmental work does not include preparation of a storm water
management plan or wetlands mitigation plan. Should it be determined during
preliminary design and environmental phase of this project that such documents
are required; an amendment to the Professional Services Agreement will be
negotiated.
Hydraulic analysis and design are limited to work associated with collection
system; new storm sewer and conveyance system; and design of mandated
storm water quality swale (or other water-quantity related feature required by
ODOT).
An archaeological report and historical report are not included.
PERSONAL SERVICES AGREEMENT - W&H PACIFIC
HIGHWAY 214 SIDEWALK PHASE 2
PAGE 14
70
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Attachment B - Fee Estimate
Highway 214 Sidewalk Project. Phase 2
W&H PacWc
...:a
~
WHP WHP WHP I Project
Total Labor R.lmb. T otlIl
Task Task Description Hours Cost Exoens.s Subconsultant Cost
Hourlv Rates
Project Management (assume 12 $
1 months) 132 $ 9 634.03 $ 660.00 10294.03
2 Site Survey and Mapoino 96 $ 6 608.29 $ 480.00 $ 7 088.29
Traffic support by $ $
3 Preliminarv Desian 100 $ 8707.31 $ 500.00 Kittelson 1 500.00 10707.31
$ $ ESA support by $
4 Environmental 32 3470.26 160.00 MB&G $ 6400.00 10030.26
ROW Research, Mapping, Descriptions, $
5 and Stakina 46 $ 3 429.66 $ 230.00 3 659.66
6 Utililtv Location and Coordination 40 $ 3816.86 $ 200.00 Utilitv oothole sub $ 3 000.00 $ 7016.86
$ Signing/striping by $
7 Final Desian 358 26.374.34 $ 1 790.00 Kittelson 6 500.00 $ 34 664 .34
8 Soecifications and Soecial Provisions 62 $ 5833.12 $ 310.00 $ 6,143.12
9 Quantities and Cost Estimates 36 $ 3261.34 $ 180.00 $ 3441.34
10 Biddina Assistance 16 $ 1 647.90 $ 80.00 $ 1 727.90
11 OOOT Coordination 64 $ 6831.94 $ 320.00 $ 7151.94
12 Contiaencv 0 $ - $ $ 5 096.25
GRAND TOTAL 982 $ 79,615.03 $ 4,910.00 $ . $ 17,400.00 $ 107,021.29
.
P\C"y 01 WoodbumlOOOOO BD EHor1s\Hwy 214 S,dewaks Ph 2\B_Fee Estimate_revised 06.15-06.xl&
6115'2006
2
Attachment B - Fee Estimate
Highway 214 Sidewalk Project - Phase 2
W&H Pacific
~
~
EdC. Glen S. Paul Linda F. PhilQ. Calvin l. Gary C. Ann E.
Project QAlOC Civil CAD Wetland Spec Protect Office Party Field Project
Task Task Descrlotlon Mar JPE Des. Tech Scientist Writer Surveyor Tech Chief Tech Admin
Hourlv Rates $ 125.63 $ 112.38 $ 75.28 l 53.07 l 102.72 l 85.43 $ 121.80 l 63.80 $ 69.60 S 46.40 $ 53.24
Project Management (assume 12
1 months) 36 96
2 Site SurveY and Mannino 4 8 48 16 16 4
3 Preliminary Desion 24 4 64 8
4 Environmental 8 24
ROW Research, Mapping, Descriptions,
5 and Stakino 2 8 20 8 8
6 Utilihv Location and Coordination 16 24
7 Final Desion 40 8 180 130
8 Soecitications and Snecial Provisions 12 2 48
9 Quantities and Cost Estimates 8 4 24
10 Biddino Assistance 8 4 4
11 ODOT Coordination 40 24
12 Contioency
GRAND TOTAL 198 18 320 138 24 52 16 68 24 24 100
i
.
P.IClty of WoocIlurnlOOOOO SO EffOflsIHwy 214 5,_l<s Ph 2IBJae estimate_revISed 06-1 5-06.xls
6115'2006
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June 20, 2006
TO: Honorable Mayor and City Council through City Administrator
FROM: David TorgeS~ant City Engineer, through Director at pubii~
Works ~
SUBJECT: Intergovernmental Agreement - Highway 214 Sidewalk Phase 3
RECOMMENDATION:
Authorize the City Administrator to execute an Intergovernmental Agreement
(IGA) pertaining to Transportation Enhancement (TE) funding with Oregon
Department of Transportation (ODOT).
BACKGROUND:
The city was informed on January 30,2006 that the Highway 214 Sidewalk Phase
3 project had been awarded TE funds in the amount of $790,000. Local
matching funds will be 10.27 percent of Enhancement-eligible costs,
approximately $90, 000.
Construction of this project on the north side of the highway will link Phase 2 to
Progress Way. Phase 2 will begin construction spring 2007 - running from High
School driveway to Front Street Ramp. Geometry and appearance of Phases 2
and 3 will be nearly identical to sidewalk built in 2004. No lighting or
landscaping is presently included in the Phase 3 project, lighting having been
provided on the south as far as Park Avenue in Phase 1.
DISCUSSION:
Project costs were first developed in 2004 by the design consultant engaged in
Phase 1 work. In October 2005, an update of the estimate was made during
"project scoping" activities performed by ODOT. Raw construction costs from
the two estimates were separated by only $40,000, with the average being
$444,000. The project and the funding are set up so that design is scheduled for
2007, Right -of-Way during 2008, and construction in 2009.
City Administrator _
City Attorney~
.J
,
Agenda Item Review:
Finance
11
73
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Honorable Mayor and City Council
June 20, 2006
Page 2
.
.
Securing funding and defining responsibilities are accomplished in the IGA.
There are three parts to the IGA: a project-specific Agreement, Standard
Provisions for TE projects (Federal), and Special Provisions amending the
Standard Provisions. The final draft of the complete IGA was delivered to the
City June 12, 2006.
The draft IGA, when viewed as a whole, exhibits differences, though not
material, from the IGA for Phase 1 and that for Phase 2, which were funded by
state Bicycle-Pedestrian Grants, and did not have direct Federal sources. The
final executed IGA is due at OOOT by June 30, 2006.
Design of the project will be by arrangement (not a part of this IGA) with OOOT.
To be completely certain that federal requirements are met, Staff will later
recommend use of ODOr s "On Call" consultant. Six are pre-qualified and
available for selection in our OOOT Region. Payment for design will be from
combined grant and local funds.
FINANCIAL IMPACT:
No present financial impact. Future project cost is expected to be $882, 000
when completed three years from now - the total includes design, right-of-way,
contractor payments, construction engineering, and contingencies. State and
federal funds will be available for payment of 89.73 percent of grant-eligible
costs.
74
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June 9, 2006
Misc. Contracts & Agreements
No. 23,358
LOCAL AGENCY AGREEMENT
TRANSPORTATION ENHANCEMENT PROGRAM PROJECT
OR 214: Front Street Ramp - Progress Way Sidewalk (Woodburn)
THIS AGREEMENT is made and entered into by and between the STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State";
and the CITY OF WOODBURN, acting by and through its designated officials, hereinafter
referred to as "Agency."
RECITALS
1. OR 214 is a part of the state highway system under the jurisdiction and control of the
Oregon Transportation Commission. Front Street and Progress Way are parts of the
city street system under the jurisdiction and control of the Agency.
2. By the authority granted in ORS 190.110, 366.572 and 366.576, State may enter into
cooperative agreements with counties, cities and units of local governments for the
performance of work on certain types of improvement projects with the allocation of
costs on terms and conditions mutually agreeable to the contracting parties.
3. Under provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA-LU), Oregon is required to set aside federal funds
for projects to address transportation enhancement activities, hereafter referred to as
Enhancement Funds.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is
agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
1. Under said provisions, State and Agency agree to allow Agency to construct a
sidewalk and planting strip on the north side of OR 214 between Front Street and
Progress Way, hereinafter referred to as "Project". The location of the Project is
approximately as shown on the sketch map attached hereto, marked "Exhibit A," and by
this reference made a part hereof.
2. The Project shall be conducted as a part of the Transportation Enhancement Program
under Title 23, United States Code, which incorporated SAFETEA-LU, The total
Project cost is estimated at $881,000, which is subject to change. The Enhancement
Funds are estimated at $790,000 with Agency providing the match and any non-
participating costs, including all costs in excess of the available federal funds. The
funds shall be used for the design and construction of the Project.
Key No. 14708
75
"' -""
City of Woodburn/OOOT
Agreement No. 23,358
a. Agency must obtain approval from State's Transportation Enhancement Program
Manager for any additional funds beyond the amount in Paragraph 2 above. For
additional Enhancement funds up to a total of $869,000 (10 percent over the
$790,000 estimated Enhancement funding) Agency's matching share will be 10.27
percent of Enhancement-eligible costs. For any approved Enhancement funds
above $869,000 Agency's matching share will be 50 percent of the Enhancement
eligible costs.
b. Agency is not guaranteed the use of unspent funds for a particular phase of work.
State will not release funds from any authorized phase of work for use on a
subsequent phase unless specifically requested by Agency before obligating
funds on the subsequent phase.
3. The federal funding for this Project is contingent upon approval by the FHWA. Any
work. performed prior to acceptance by FHW A will be considered nonparticipating and
paid for at Agency expense.
4. The term of this Agreement shall begin on the date all required signatures are
obtained and shall terminate on completion of the Project and final payment or ten
calendar years following the date all required signatures are obtained, whichever is
sooner. However, this Agreement shall terminate on September 30,2010 if the funds
for this Project are not yet obligated for construction. Upon termination of this
Agreement, State may reassign any Transportation Enhancement funds not yet
obligated for the Project and shall have no obligation to fund any remaining phases of
work through the Transportation Enhancement program.
5. This Agreement may be terminated by mutual written consent of both parties.
6. State may terminate this Agreement effective upon delivery of written notice to
Agency, or at such later date as may be established by State, under any of the
following conditions:
a. If Agency fails to provide services called for by this Agreement within the
time specified herein or any extension thereof.
b. If Agency fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this
Agreement in accordance with its terms, and after receipt of written notice
from State fails to correct such failures within 10 days or such longer
period as State may authorize.
c. If Agency fails to provide payment of its share of the cost of the Project.
d. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, in the exercise of its
2
76
..,.,.. ..'
City of Woodburn/ODOT
Agreement No. 23,358
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
e. If federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this Agreement is
prohibited or if State is prohibited from paying for such work from the
planned funding source.
Any termination of this Agreement shall not prejudice any rights or obligations accrued
to the parties prior to termination.
7. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2,
respectively, are by this reference made a part hereof. The Standard Provisions
apply to all federal-aid projects and may be modified only by the Special Provisions.
The parties hereto mutually agree to the terms and conditions set forth in
Attachments 1 and 2.
8. Agency, as a recipient of federal funds, pursuant to this Agreement with the State,
shall assume sole liability for Agency's breach of any federal statutes, rules, program
requirements and grant provisions applicable to the federal funds, and shall, upon
Agency's breach of any such conditions that requires the State to return funds to the
Federal Highway Administration, hold harmless and indemnify the State for an
amount equal to the funds received under this Agreement; or if legal limitations apply
to the indemnification ability of Agency, the indemnification amount shall be the
maximum amount of funds available for expenditure, including any available
contingency funds or other available non-appropriated funds, up to the amount
received under this Agreement.
9. Agency shall enter into and execute this Agreement during a duly authorized session
of its City Council.
10. This Agreement may be executed in several counterparts (facsimile or otherwise) all
of which when taken together shall constitute one agreement binding on all parties,
notwithstanding that all parties are not signatories to the same counterpart. Each
copy of this Agreement so executed shall constitute an original.
11. This Agreement and attached exhibits 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 and all necessary approvals have
been obtained. 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
State to enforce any provision of this Agreement shall not constitute a waiver by State
of that or any other provision.
3
77
City of Woodburn/ODOT
Agreement No. 23,358
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year
hereinafter written.
This Project is in the 2006-2009 Statewide Transportation Improvement Program, (Key
number 14708) that was approved by the Oregon Transportation Commission on
December 2,2005, by amendment to the STIP.
The Oregon Transportation Commission on June 18. 2003, approved Delegation Order
No.2, which authorized the Director to approve and execute agreements for day-to-day
operations. Day-to-day operations include those activities required to implement the
biennial budget approved by the Legislature, including activities to execute a project in
the Statewide Transportation Improvement Program.
Signature Page to Follow
4
78
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City of Woodburn/ODOT
Agreement No. 23,358
On November 10, 2004, the Director of the Oregon Department of Transportation
approved Subdelegation Order No.2, in which the Director delegates to the Deputy
Director, Highways, the authority to approve and sign agreements over $75,000 when
the work is related to a project included in the Statewide Transportation Improvement
Program, or in a line item in the biennial budget approved by the Director.
CITY OF WOODBURN, by and through its STATE OF OREGON, by and through
designated officials its Department of Transportation
By
Title
By
Deputy Director, Highways
Date
Date
By
Title
APPROVAL RECOMMENDED
By
Technical Services Manager/Chief
Engineer
Date
APPROVED AS TO LEGAL
SUFFICIENCY
Date
By
City Attorney
By
Region 2 Manager
Date
Date
Agency Contact:
David Torgeson, PE
Assistant City Engineer
City of Woodburn
190 Garfield Street
Woodburn, Oregon 97071
By
Region 2 Planning and Development
Manager
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Assistant Attorney General
Date:
5
79
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June 9. 2006
Misc. Contracts & Agreements
No. 23,358
Exhibit A
OR 214: Front Street Ramps to Progress Way Sidewalks
City of Woodburn
~
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it
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Key No. 14708
80
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June 9,2006
Misc. Contracts & Agreements
No. 23,358
ATTACHMENT NO.1 to Agreement No. 23,358
SPECIAL PROVISIONS
1. Agency, or its consultant, shall conduct the necessary preliminary engineering and
design work required to produce final plans, specifications and cost estimates;
purchase all necessary right-of-way; obtain all required permits; arrange for all utility
relocations or reconstruction; perform all construction engineering, including all
required materials testing and quality documentation; and prepare necessary
documentation to allow State to make all contractor payments. Project plans shall
conform to the Oregon Highway Design Manual and the Oregon Bicycle and
Pedestrian Plan.
2. Agency guarantees the availability of Agency funding in an amount required to fully
fund Agency's share of the Project. Prior to award of the contract, Agency shall
provide State its share of the Project cost upon receipt of request from State. The
Project cost is defined as the Engineer's estimate plus 10%.
3. In the event that Agency elects to engage the services of a personal services
consultant to perform any work covered under this Agreement, Agency and
Consultant shall enter into a Personal Services Contract approved by State's Office of
Procurement Manager or designee (Salem). Said contract must be reviewed and
approved by State's Office of Procurement Manager or designee prior to beginning
any work. This review includes, but is not limited to the Request for Proposal,
Statement of Work, advertisement and all contract documents. This review and
approval is required to ensure federal reimbursement.
4. State may make available Region 2's On-Call PE, Design and Construction
Engineering Services consultant for Local Agency Projects upon written request. If
Agency chooses to use said services, they agree to manage the work done by the
consultant and make funds available to the State for payment of those services. All
eligible work shall be a federally participating cost and included as part of the total
cost of the Project.
5. Agency shall, at its own expense, be responsible for all maintenance outside the
curbs within the Project limits upon completion and throughout the useful life of the
Project at a minimum level that is consistent with normal depreciation and/or service
demand. State and Agency agree that the useful life of this Project is defined as 20
years. State may conduct periodic inspections during the life of the Project to verify
that Project is being properly maintained and continues to serve the purpose for
which federal funds were provided.
6. If Agency fails to meet the requirements of this Agreement or the underlying federal
regulations, State may withhold the Agency's proportional share of Highway Fund
distribution necessary to reimburse State for costs incurred by such Agency breach.
Agency will be ineligible to receive or apply for any Transportation Enhancement
funds until State receives full reimbursement of the costs incurred.
7. Maintenance responsibilities shall survive any termination of this Agreement.
Key No. 14708
81
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ATTACHMENT NO.2
STANDARD PROVISIONS
JOINT OBLIGATIONS
PROJECT ADMINISTRATION
I. State (OOOT) is acting to fulfill its responsibility to the Federal llighway Administration (FHW A)
by the administration of this Project, and Agency (i.e. county, city, unit oflocal government, or other
state agency) hereby agrees that State shall have full authority to carry out this administration. If
requested by Agency or if deemed necessary by State in order to meet its obligations to FHW A, State
will further act for Agency in other matters pertaining to the Project. Agency shall, if necessary,
appoint and direct the activities of a Citizen's Advisory Committee and/or Technical Advisory
Committee, conduct a hearing and recommend the preferred alternative. State and Agency shall each
assign a liaison person to coordinate activities and assure that the interests of both parties are
considered during all phases of the Project.
2. Any project that uses federal funds in project development is subject to plans, specifications and
estimates (PS&E) review and approval by FHW A or State acting on behalf of FHW A prior to
advertisement for bid proposals, regardless of the source of funding for construction.
PRELIMINARY & CONSTRUCTION ENGINEERING
3. State, Agency, or others may perform preliminary and construction engineering. If Agency or others
perform the engineering, State will monitor the work for confonnance with FHW A rules and
regulations. In the event that Agency elects to engage the services of a personal services consultant
to perform any work covered by this Agreement, Agency and Consultant shall enter into a State
reviewed and approved personal services contract process and resulting contract document. State
must concur in the contract prior to beginning any work. State's personal services contracting
process and resulting contract document will follow Title 23 Code of Fcderal Res...'1Jlations (CFR)
172, Title 49 erR 18, ORS 279A.055, the current State Administrative Rules and State Personal
Services Contracting Procedures as approved by the FHW A. Such personal services contract(s) shall
contain a description of the work to be performed, a project schedule, and the method of payment.
Subcontracts shall contain all required provisions of Agency as outlined in the Agreement. No
reimbursement shall be made using federal-aid funds for any costs incurred by Agency or its
consultant prior to receiving authorization from State to proceed. Any amendments to such
contract(s) also require State's approval.
4. On all construction projects where State is the signatory party to the contract, and where Agency is
doing the construction engineering and project managcment, Agency, subject to any limitations
imposed by state law and the Oregon Constitution, agrees to accept all responsibility, defend
lawsuits, indemnify and hold State harmless, for all tort claims, contract claims, or any other lawsuit
an sing out of the contractor's work or Agency's supervIsion of the project.
STDI'RO-200() doc
Rev. 5-10-200(,
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REQUIRED STATEMENT FOR UNITED STATES DEPARTMENT OF
TRANSPORTATION (USDOT) FINANCIAL ASSISTANCE AGREEMENT
S. If as a condition of assistance, Agency has submitted and the United States Department of
Transportation (USOOT) has approved a Disadvantaged Business Enterprise Affirmative Action
Program which Agency agrees to carry out, this affirmative action program is incorporated into the
financial assistance agreement by reference. That program shall be treated as a legal obligation and
failure to carry out its terms shall be treated as a violation of the financial assistance agreement.
Upon notification from USDOT to Agency of its failure to carry out the approved program, USDOT
shall impose such sanctions as noted in Title 49. efR. Part 26, which sanctions may include
termination of the agreement or other measures that may affect the ability of Agency to obtain future
USOOT financial assistance.
6. Disadvantaged Business Enterprises (DBE) Obligations. State and its contractor agree to ensure
that DBE as defined in Title 49. CFR. Part 26, have the opportunity to participate in the performance
of contracts and subcontracts financed in whole or in part with federal funds. In this regard,
Agency shall take all necessary and reasonable steps in accordance with Title 49, CFR, Part 26,
to ensure that DBE have the opportunity to compete for and perform contracts. Neither State nor
Agency and its contractors shall discriminate on the basis of race, color, national origin or sex in the
award and performance of federally-assisted contracts. Agency shall carry out applicable
requirements of Title 49. CFR. Part 26, in the award and administration of such contracts. Failure by
Agency to cany out these requirements is a material breach of this Agreement, which may result in
the termination of this contract or such other remedy as State deems appropriate.
7. The DBE Policy Statement and Obligations shall be included in all subcontracts entered into under
this Agreement.
8. Agency agrees to comply with all applicable civil rights laws, rules and regulations, including Title
V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990
(ADA), and Titles VI and VII of the Civil Rights Act of 1964.
9. Thc partics hercto agree and understand that they will comply with all applicable federal, state, and
local laws, rcgulations, exccutive orders and ordinances applicable to the work including, but not
limited to, the provisions of ORS 279C.505. 279C.SI5. 279C.520. 279C.530 and 2790.270.
incorporated herein bv rcference and made a part hereof; Title 23 CFR Parts 1.11. 140, 710. and
771; Title 49 crR Parts 18, 24 and 26; OMB CIRCULAR NO. A-8? and NO. A-133 Title 23,
USe. federal-Aid Hi~hwav Act; Title 41. Chanter I, use 51-58, Anti-Kickback Act; Title 42 use;
Uniform Relocation Assistancc and Real Property Acguisition Policy Act of 1970. as amended and
provisions of federal-Aid Policy Guide (FAPG)~
STATE OBLIGATIONS
PROJECT FUNDING REQUEST
10. State shall submit a ProJcct funding rcquest to FIIW A with a request for approval of fedcral-aid
participation In all engineenng, right-of-way acquIsition, eligible utility rclocations and/or
construction work for the ProJcct. No work shall proceed on any activity In which federal-aid
STDI'RO.2006 doc
Rev). IO-200()
2
83
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participation Is desired until such approval has been obtained. The program shall include
services to be provided by State, Agency, or others. State shall notify Agency in writmg when
authorization to proceed has been received from FHW A. Major responsibility for the various phases
of the Project will be as outlined in the Special Provisions. All work and records of such work shall
be in conformance with FHW A rules and regulations.
FINANCE
II. State shall, 10 the first instance, pay all reimbursable costs of the Project, submit all claims for
federal-aid participation to FHW A in the normal manner and compile accurate cost accounting
records. Agency may request a statement of costs to date at any time by submitting a written request.
When the actual total cost of the Project has been computed, State shall furnish Agency with an
itemized statement of final costs. Agency shall pay an amount which, when added to said advance
deposit and federal reimbursement payment, will equal 100 percent of the final total actual cost. Any
portion of deposits made in excess of the final total costs of Project, minus federal reimbursement,
shall be released to Agency. The actual cost of services provided by State will be charged to the
Project expenditure account(s) and will be included in the total cost of the Project.
PROJECT ACTIVITIES
12. State shall, if the preliminary engineering work is performed by Agency or others, review and
process or approve all environmental statements, preliminary and final plans, specifications and cost
estimates. State shall, if they prepare these documents, offer Agency the opportunity to review and
approve the documents prior to advertising for bids.
13. The party responsible for performing preliminary engineering for the Project shall, as part of its
preliminary engineering costs, obtain all Project related permits necessary for the construction of said
Project. Said permits shall include, but are not limited to, access, utility, environmental,
construction, and approach permits. All pre-construction permits will be obtained prior to
advertisement for construction.
14. State shall prepare contract and bidding documents, advertise for bid proposals, and award all
contracts.
15. Upon State's award of a construction contract, State shall perform independent assurance testing in
accordance with State and FHW A Standards, process and pay all contractor progress estimates,
check final quantities and costs, and oversee and provide intermittent inspection services during the
construction phase of the Project.
16. State shall, as a Project expense, assign a liaison person to provide Project monitoring as needed
throughout all phases of Project activities (preliminary engineering, right-of-way acquisition, and
construction). The liaison shall process reimbursement for federal participation costs.
STI H'R ()- 2006.doc
Rev 'i-IO-200(,
84
""..,~ ....
RIGHT -OF-WAY
17. State is responsible for proper acquisition of the necessary right-of-way and easements for
construction and maintenance of the Project. Agency may perform acquisition of the necessary right-
of-way and easements for construction and maintenance of the Project, provided Agency (or
Agency's consultant) are qualified to do such work as required by the State's Right of Way Manual
and have obtained prior approval from State's RegIon Right of Way office to do such work.
18. Regardless of who acquires or performs any of the right of way activities, a right of way services
agreement shall be created by State's Region Right of Way office setting forth the responsibilities
and activities to be accomplished by each party. State shall always be responsible for requesting
project funding, coordinating certification of the right of way, and providing oversight and
monitoring. Funding authorization requests for federal right of way funds must be sent through the
State's Region Right of Way offices on all projects. All projects must have right of way certification
coordinated through State's Region Right of Way offices (even for projects where no federal funds
were used for right of way, but federal funds were used elsewhere on the Project). Agency should
contact the State's Region Right of Way office for additional information or clarification.
19. State shall review all right-of-way activities engaged in by Agency to assure compliance with
applicable laws and regulations. Agency agrees that right-of-way activities shall be in accord with
the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970, as amended,
ORS Chapter 35, FHW A Federal-Aid Policy Guide, State's Right of Way Manual and the Code of
Federal Regulations, Title 23, Part 710 and Title 49, Part 24.
20. If any real property purchased with federal-aid participation is no longer needed for the originally
authorized purpose, the disposition of such property shall be subject to applicable rules and
regulations, which are in effect at the time of disposition. Reimbursement to State and FHW A of the
required proportionate shares of the fair market value may be required.
21. Agency insures that all Project right of way monumentation will be conducted in conformance with
ORS 209.150.
22. State and Agency grants each other authority to enter onto the other's right of way for the
performance of the Project.
AGENCY OBLIGATIONS
FINANCE
23. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio, unless
otherwise agreed and allowable by law. Agency shall be responsible for the entire match amount,
unless otherwise agreed to and specified In the intergovernmental agreement.
24. Agency's estimated share and advance depOSIt.
A. Agency shall, prior to commencement of the preliminary engineering and/or nght-of-way
acquisition phases, deposit with State its estImated share of each phase. Exception may he made
STY) I' R 0- 200(,. doc
Rev )-10-2006
4
85
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in the case of projects where Agency has written approval from State to use in-kind contributions
rather than cash to satisfy all or part of the matching funds requirement.
B. Agency's construction phase deposit shall be 110 percent of Agency's share of the engineer's
estimate and shall be received prior to award of the construction contract. Any additional balance
of the deposit, based on the actual bid must be received within 45 days of receipt of written
notification by State of the final amount due, unless the contract is canceled. Any unnecessary
balance of a cash deposit, based on the actual bid, will be refunded within 45 days of receipt by
State of the Project sponsor's written request.
C. Pursuant to ORS 366.425, the advance deposit may be in the form of I) money deposited in the
State Treasury (an option where a deposit is made in the Local Government Investment Pool, and
an Irrevocable Limited Power of Attorney is sent to the Highway Finance Office), or 2) an
Irrevocable Letter of Credit issued by a local bank in the name of State, or 3) cash.
D. Agency may satisfy all or part of any matching funds requirements by use of in-kind
contributions rather than eash when prior written approval has been given by State.
25. If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its share
of the required matching funds, plus 100 percent of all eosts in excess of the total matched federal
funds. Agency shall also pay 100 percent of the cost of any item in which FHW A will not
participate. If Agency has not repaid any non-participating cost, future allocations of federal funds,
or allocations of State Highway Trust Funds, to that Agency may be withheld to pay the
non-participating costs. If State approves processes, procedures, or contract administration outside
the Local Agency Guidelines that result in items being declared non-participating, those items will
not result in the withholding of Agency's future allocations of federal funds or the future allocations
of State Highway Trust Funds.
26. Costs incurred by State and Agency for services performed in connection with any phase of the
Project shall be charged to the Project, unless otherwise mutually agreed upon.
27. If Agency makes a written request for the cancellation of a federal-aid project; Agency shall bear 100
percent of all costs as of the date of cancellation. If State was the sole cause of the cancellation,
State shall bear 100 percent of all costs incurred. If it is determined that the cancellation was caused
by third parties or circumstances beyond the control of State or Agency, Agency shall bear all
development costs, whether incurred by State or Agency, either directly or through contract services,
and State shall bear any State administrative costs incurred. After settlement of payments, State shall
deliver surveys, maps, field notes, and all other data to Agency.
28. Agency shall follow requirements of the Single Audit Aet. The requirements stated in the Single
Audit Act must be followed by those local governments and non-profit organizations receiving
$500,000 or more in federal funds. The Single Audit Act of 1984, PL 98-502 as amended by PL
104-156, dcscnbcd in "OMS CIRCULAR NO. A-133", requires local governments and non-profit
organtzations to obtain an audit that includcs intcrnal controls and compliance with federal laws and
regulations of all federally-funded programs in which the local agency participates. The cost of this
audit can he partially prorated to the federal program.
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29. Agency shall make additional deposits, as needed, upon request from State. Requests for additional
deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to
complete the Project.
30. Agency shall present invoices for 100 percent of actual costs incurred by Agency on behalf of the
Project directly to State's Liaison Person for review and approval. Such invoices shall identify the
Project and Agreement number, and shall itemize and explain all expenses for which reimbursement
is claimed. Billings shall be presented for periods of not less than one-month duration, based on
actual expenses to date. All billings received from Agency must be approved by State's Liaison
Person prior to payment. Agency's actual costs eligible for federal-aid or State participation shall be
those allowable under the provisions of Title 23 eFR Parts l..ll, 140 and 710, Final billings shall
be submitted to State for processing within three months from the end of each funding phase as
follows: 1) award date of a construction contract for preliminary engineering 2) last payment for
right-of-way acquisition and 3) third notification for construction. Partial billing (progress payment)
shall be submitted to State within three months from date that costs are incurred. Final billings
submitted after the three months shall not be eligible for reimbursement.
31. The cost records and accounts pertaining to work covered by this Agreement are to be kept available
for inspection by representatives of State and FHW A for a period of three (3) years following the
date of final voucher to FHW A. Copies of such records and accounts shall be made available upon
request. For real property and equipment, the retention period starts from the date of disposition
(Title 49 CFR 18.42).
32. State shall request reimbursement, and Agency agrees to reimburse State, for federal-aid funds
distributed to Agency if any of the following events occur:
a) Right-of-way acquisition or actual construction of the facility for which preliminary
engineering is undertaken is not started by the close of the tenth fiscal year following
the fiscal year in which the federal-aid funds were authorized;
b) Right-of-way acquisition is undertaken utilizing federal-aid funds and actual
construction is not started by the close of the twentieth fiscal year following the
fiscal year in which the federal-aid funds were authorized for right-of-way
acquisition.
c) Construction proceeds after the Project is determined to be ineligible for federal-aid
funding (e.g., no environmental approval, lacking permits, or other reasons).
33. Agency shall maintain all Project documentation in keeping with State and FHW A standards and
specifications. This shall include, but is not limited to, daily work records, quantity documentation,
material invoices and quality documentation, certificates of origin, process control records, test
results, and inspection records to ensure that projects arc completed in conformance with approved
plans and specifications.
RAILROADS
34. Agency shall follow State established policy and procedures when impacts occur on railroad property. The
policy and procedures are available through State's appropriate Region contact or State's Railroad Liaison.
Only those costs allowable under Title 23 CFR Part 646, subpart B and Title 23 CFR Part 140, subpart I, shall
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be included In the lotal Project costs; all other costs associated with railroad work will be at the sole expense of
Agency, or others. Agency may request State, in writing, to provide railroad coordination and negotiations.
However, State is under no obligation to agree to perform said duties.
UTILITIES
35. Agency shall cause to be relocated or reconstructed, all privately or publicly-owned utility conduits,
lines, poles, mains, pipes, and all other such facilities of every kind and nature where such relocation
or reconstruction is made necessary by the plans of the Project in order to conform the utilities and
other facJlities with the plans and the ultimate requirements of the Project. Only those utility
relocations, which are eligible for federal-aid participation under, Title 23 CFR 645A, shall be
included in the total Project costs; all other utility relocations shall be at the sole expense of Agency,
or others. State will arrange for utility relocations/adjustments in areas lying within jurisdiction of
State, if State is performing the preliminary engineering. Agency may request State in writing to
arrange for utility relocations/adjustments lying within Agency jurisdiction, acting on behalf of
Agency. This request must be submitted no later than 21 weeks prior to bid let date. However, State
is under no obligation to agree to perform said duties.
36. Agency shall follow established State utility relocation policy and procedures. The policy and
procedures are available through the appropriate State's Region Utility Specialist or State's Right of
Way Section Railroad Liaison, and Utility Engineer.
STANDARDS
37. Agency agrees that design standards for all projects on the National Highway System (NHS) and the
Oregon State Highway System shall be in compliance to standards specified in the current "State
Hi~hwaY Dcsign Manual" and related references. Construction plans shall be in conformance with
standard practices of State for plans prepared by its own staff. All specifications for the Project shall
be in substantial compliance with the most current "Oregon Standard Specifications for Highway
Construction" .
38. Agency agrees that mmtmum design standards for non-NIlS projects shall be recommended
AASHTO Standards and in accordance with the current "OrelZon Bicycle and Pcdestrian Plan",
unless otherwise requested by Agency and approved by State.
39. Agency agrees and will verify that the installation of traffic control devices shall meet the warrants
prescribed in the "Manual on Uniform Traffic Control Devices and Oregon Supplements".
40. All plans and specificatIOns shall be developed in general confonnance with the current "Contract
Plans Development Guide" and the current "Oregon Standard Specifications for Hi~hway
Construction" and/or guidelines provided.
41. The standard unit of measurement for all aspects of the Project may be either System International
(SI) Units (metric), or English Units. However, all Project documents and products shall be in one or
the other unit of measurement. This includes, but is not limited to, right-of-way, environmental
documents, plans and specifications, and utilities. It should be recognizcd that the State is currcntly
transitioning to English, and will be completcly English by 2006.
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GRADE CHANGE LIABILITY
42. Agency, If a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts
necessary to complete construction of the Project which may alter or change the grade of existing
county roads are being accomplished at the direct request of the County.
43. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes.
Approval of plans by State shall not subject State to liability under ORS 105.760 for change of grade.
44. Agency, If a City, by execution of Agreement, gives its consent as required by ORS 373.030(2) to any
and all changes of grade within the City limits, and gives its consent as required by ORS 373.0500}
to any and all closure of streets intersecting the highway, if any there be in connection with or arising
out of the project covered by the Agreement.
CONTRACTOR CLAIMS
45. Agency shall, to the extent permitted by state law, indemnify, hold harmless and provide legal
defense for State against all claims brought by the contractor, or others resulting from Agency's
failure to comply with the terms of this Agreement.
46. Notwithstanding the foregoing defense obligations under paragraph 45, neither Agency nor any
attorney engaged by Agency shall defend any claim in the name of the State of Oregon or any agency
of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its
agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon
may, at anytime at its election assume its own defense and settlement in the event that it determines
that Agency is prohibited from defending the State of Oregon, or that Agency is not adequately
defending the State of Oregon's interests, or that an important governmental principle is at issue or
that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights
to pursue any claims it may have against Agency if the State of Oregon elects to assume its own
defense.
MAINTENANCE RESPONSIBILITIES
47. Agency shall, upon completion of construction, thereafter maintain and operate the Project at its
own cost and expense, and in a manner satisfactory to State and FIIW A.
WORKERS' COMPENSATION COVERAGE
48. All employers, including Agency that employ subject workers who work under this Agreement in
the State of Oregon shall comply with ORS 656.017 and provide the required Workers'
Compensation coverage unless such employers are exempt under ORS 656.126. Agency shall
ensure that each of its contractors complies with these requirements.
LOBBYING RESTRICTIONS
49. Agency certifies by SIgning the Agreement that:
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A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-I.!.L. "Disclosure FOIm to Report
Lobbying." in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subgrants, and contracts and subcontracts
under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all
such subrecipients shall certify and disclose accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Title 31, use Section 1352.
E. Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
Paragraphs 35, 36, and 47 are not applicable to any local agency on state highway projects.
STI >l'R()- 200(u!oc
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June 20, 2006
TO: Mayor and City Council through City Administrator
FROM: Public Works Director ~..~:: '-~
SUBJECT: Engineering Report for Tout Street
RECOMMENDATION:
Approve the engineering report for Tout Street Improvement from Settlemier
Avenue to Front Street, and direct staff to prepare a resolution of intent to
improve.
BACKGROUND:
Tout Street is identified in the capital improvement program of the City. The
Council, by Resolution 1826, directed the City Engineer to prepare an
engineering report for the improvement of Tout Street. Staff review indicates
that Tout Street is designated as an "Local Street" in the Woodburn
Transportation System Plan. The street cross section will be improved to include
two travel lanes, Parking and sidewalks on both sides of the street. The funding
sources are outlined in the Engineering Report to support the construction of the
street.
DISCUSSION:
The attached report for Tout Street Improvement outlines the need to improve
the street, the properties in the proposed Local Improvement District boundary,
the cost estimate, the proposed distribution of assessment cost and a payment
plan that allows property owners to pay their obligation in a period of twenty
years.
Agenda Item Review:
City Administrato.
City Attorney _
Finance
91
..' .'.~' ....
Honorable Mayor and City Council
June 20, 2006
Page 2
The City Council may choose one of the options outlined below for their
decision making.
1 . Approve the report as presented
2. Require certain modifications to the report prior to approval
3. Reject the report
I will be available to answer questions from the council during my presentation
at the meeting.
FINANCIAL IMPACT:
The recommended action has no financial impact other than staff time.
However, project costs are outlined in the attached engineering report that will
be brought to Council's attention for future actions.
Attachments: Outline of LID and Assessment Process
Engineering Report
92
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PROCESS FOR
lOCAL IMPROVEMENT DISTRICT (LID)
1. PROJECT INITIATION: Project is initiated by petition or by action of the City
Council
2. RESOLUTION AUTHORIZING AN ENGINEERING REPORT: City Council, by
approval of a resolution, directs staff to prepare an engineers report for
the improvement
WE ARE HER"
3. ENGINEERING REPORT APPROVAL: Engineers report contains, project need, ~
method of assessment. cost estimate based on preliminary engineering,
Local Improvement District (LID) boundary. The City Council may at this
stage direct staff to prepare a "Resolution of Intent to Improve".
4. RESOLUTION OF INTENT TO IMPROVE: LID boundary and assessments are
defined for public process. Public hearing date set with council approval
of resolution.
5. ADVERTISEMENT OF PUBLIC HEARING: The City Recorder gives notice
meeting legal requirements of advertising for public hearing.
6. PUBLIC HEARING: City Council holds a public hearing on the project and
receives input from the affected property owners. If, at the time of
hearing, written remonstrances are received from the owners of majority
of land within the LID, consideration of the LID must be suspended for six
months.
7. CITY COUNCIL DECISION:
a. Direct staff to prepare an assessment ordinance
b. Direct staff make modifications to the LID
c. Abandon or postponement of the LID
8. ADOPTION OF THE ASSESSEMENT ORDINANCE: Funding defined.
9. COMPLETION OF FINAL ENGINEERING: Final engineering plans,
specifications and contract documents are completed.
10. ADVERTISEMENT FOR BIDS AND BID AWARD: The project is advertised and
bids are received. The City Council reviews staff recommendation and
awards the contract for construction to the lowest responsible bidder.
(Note: City may receive bids earlier but contract award can not take
place until assessment ordinance has been adopted)
11 . CONSTRUCTION ACTIVITIES: Construction takes place under the
supervision of the City Engineer. (Note: This is the time when the public
sees project action)
12. fiNAL ASSESSMENT ORDINANCE: Upon completion of the improvements
the final assessment process is followed. The process requires another
public hearing and explanation of payment plan time lines.
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Engineering Report
For
Tout Street Improvement
1. DESCRIPTION OF IMPROVEMENTS:
A. EXISTING CONDITIONS
Tout Street between Settlemier Avenue and South Front is currently unimproved
gravel street. This street is approximately 450 feet in length and it does not
provide any safety features of standard improved city street for vehicular or
pedestrian traffic.
8. PROPOSED IMPROVEMENTS
Tout Street is proposed to be improved in accordance with the Woodburn
Transportation System Plan (WTSP) as a Local Residential Street with parking
both sides. This cross section, as identified in the TSP, provides two travel lanes,
on-street parking and sidewalks both sides. The improvement will be complete
with curbs and drainage improvements. Attached is Exhibit 1, which depicts the
proposed typical street cross-section.
2. PROPOSED METHOD OF FUNDING:
The funding mechanism to accomplish this project includes the following:
A. CITY SUPPORT:
Budgeted approved funds for the improvement of Tout Street
8. ASSESSMENT AGAINST BENEFITING PROPERTIES:
Limited to the cost associated with the improvement of Tout Street to a
local residential standard.
3. BOUNDARY OF THE PROPOSED LOCAL IMPROVEMENT DISTRICT:
The property subject to the assessment of this district will be to those properties
that are adjoining Tout Street, as described below:
Beginning at the Southeast comer oflot 2, Tout's Addition to the City Of
Woodburn, situated in Township 5 South, Range 1 West, Section 18 Marion
County Oregon; Thence Northwesterly long along the Southerly boundary line of
said lot 2 to the Southwest comer thereof; Thence Southeasterly along the East
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line of that Certain Tract of land as recorded in deed Reel 2266, Page 421 Marion
County Deed Records, to the Southeast corner thereof; Thence Northwesterly
along the South line of said Reel 2266, Page 421 to the Southwest corner thereof,
Thence Northeasterly along the West line of said Reel 2266, Page 421 to the
Southeast corner of lot 8 of said Tout's Addition; Thence Northwesterly to the
Southwest corner of lot 10 of said Tout's Addition; Thence Northeasterly along
the West line of said Tout's Addition to the Northwest comer of the certain tract
ofland as recorded in deed Reel 2333, Page 081 , Marion County Deed Records;
Thence Southeasterly to the Northeast Corner of that Certain Tract of land as
recorded in deed Reel 1288, Page 050 Marion County Deed Records; Thence
Southwesterly along the East line of said Reel 1288, Page 050 to the Northwest
corner of Lot 1, W oodcrest Addition to the City of Woodburn as recorded in
Volume 26, Page 15, Marion County Book of Town Plats; Thence Southeasterly
along the North line of said Lot 1 to the Northeast corner thereof; Thence
Northeasterly to the Northwest corner of certain tract of land recorded Ree1242,
Page 832 Marion County Deed Records; Thence Southeasterly along the North
line of Said Reel 242, Page 832 to the Northeast comer thereof; Thence
Southeasterly along the East line of said Reel 242, Page 832 to the Northwest
corner of that certain tract ofland recorded in Reel 1700, Page 385, Marion
County Deed Records; Thence Southeasterly along the North line of said Reel
1700, Page 385 to the Northeast corner thereof: Thence along the East line of said
Reel 1700, Page 385 to the Northwest corner of the certain tract ofland recorded
in Reel 1239, Page 515 Marion County Deed Records; Thence Southeasterly
along the Northerly line of said Reel 1239, Page 515 to the Northeast corner
thereof; Thence Southeasterly along the West line said Tout's Addition to the
Place of Beginning
A map showing the above described district boundary is attached as Exhibit 2 and
those properties within that boundary are identified in Section 4.
4. PROPERTIES WITHIN THE LOCAL IMPROVEMENT DISTRICT:
MARION
COUNTY TAX LOT # ADDRESS PROPERTY OWNER
MAP #
051W18BC 2100 598 Settlemier Ave. Doman, Ruth, Stephen and Sheree
051W18BC 8500 620 Settlemier Ave. Glavnik, Niclolay & Lyudmila
051W18BC 2000 263 Tout Street Garcia, Abel, Ofelia & Huapeo Alfonso
051W18BC 1900 207 Tout Street Nobles, Marian
051W18BC 8600 202 Tout Street Carlson, Noah & Eulalia
051W18BC 1800 197 Tout Street Koffler, Frieda
051W18BC 8700 188 Tout Street Perfecto, Jose
051W18BC 1700 175 Tout Street Daurov, Ivan & Lyubov
051W18BC 1600 125 Tout Street Kravets, Victor & Anna
051W18BC 9300 707 Front Street Astorga, Jose Abel Torres & others
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5. COST ALLOCATION DETERMINATION ACCORDING TO THE
BENEFIT RECEIVED:
A. PROPOSED DISTRIBUTION METHOD OF PROJECT
ASSESSMENT COST
1. Adjoining Lineal Footage Method: It is being proposed that 50% of
the project assessment cost be allocated against adjoining footage
units. This will include adjoining front lot and side lot footage
2. Lot Area Method: It is being proposed that 50% of the project
assessment cost be allocated against lot area units. This will include
adjoining front lot and side lot area.
B. PROPERTY BENEFIT DETERMINA nON:
1. Properties in the Local Improvement District are determined to benefit
from the improvement in proportion as stated below:
a. Properties Determined to Receive Full Benefit for Lineal Footage
and Area
The lineal footage of the property adjoining proposed
improvement and having direct access to Tout Street are
determined to receive 100% of the benefit. Therefore 100%
of adjoining frontage will be used to distribute the
assessment cost
11 The area of the property adjoining the proposed
improvement and not adjoining any other public street
other then Tout Street is determined to receive 100% ofthe
benefit. Therefore 100% of adjoining front lot area will be
used to distribute the assessment cost
b. Properties Determined to Receive Reduced Benefit for Lineal
F Dotage and Area
The lineal footage of the property adjoining the proposed
improvement with no direct access to Tout Street are
determined to receive 50% of the benefit. Therefore only
50% of the length of adjoining side footage will used to
calculate assessment cost.
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11 The area of the property adjoining the improvement and
also adjoining another Public Street other then Tout Street
is determined to receive 50% of the benefit. Therefore only
50% of the area of adjoining side lot area will used to
calculate assessment cost.
C. COST ALLOCATION UNITS USED IN ASSESSMENT AND
DEFINING THESE UNITS (Adjoining Lineal Footage, Lot Area and
Driveway Approach):
1. UNIT USED FOR ADJOINING LINEAL FOOTAGE
a. UNIT OF LINEAL FRONT LOT FOOTAGE: All
improved and unimproved properties with front lot frontage
and direct access to Tout Street.
b. UNIT OF SIDE LOT FOOTAGE: All Improved and
unimproved properties with adjoining side lot footage with
no direct access to Tout Street.
2. UNIT USED FOR PROPERTY AREA
a. UNIT OF PROPERTY FRONTING LOT AREA: All
improved and unimproved properties with Tout Street
frontage and not adjoining any other public street
b. UNIT OF SIDE LOT AREA: All improved and
unimproved properties adjoining Tout Street and also
adjoining another public street
3. UNIT USED FOR DRIVEWAY APPROACH: Driveway approach
to a lot will be assessed as a unit for tlate rate assessment.
6. ENGINEERS PROJECT COST ESTIMATE:
The estimated cost of improving
Tout Street in conformance
with a local residential street
standard.
$ 113,400
TOTAL PROJECT COST
$ 113.400
Note: Estimated costs includes construction engineering, administration,
contingency and permits
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7. DISTRIBUTION OF PROJECT COST:
A. PROJECT COST TO BE FUNDED BY THE CITY
Costs that are not to be assessed
1.
Cost sharing by the city as approved
by council policy and supported by
approved budget
$ 81,900
TOTAL TO BE FUNDED BY THE CITY
=
$ 81.900
B, STREET COST TO BE DISTRIBUTED
AGAINST THE BENEFITED PROPERTIES
Cost to be distributed against the
benefiting properties for a standard
local residential street cross section
less the cost share by the city
$113,400 - $81,900
$31,500
C. DISTRIBUTION OF COST ACCORDING
TO DEFINED UNITS
Drive Approaches
7 approaches @ $500/EA.
$3,500
11
Lineal footage plus lot area
(property assessment share less
drive approach cost)
$31,500-$3,500
$28,000
111
Lineal footage or lot area
assessment amount
(distributed equally 50%)
$28,000/2
$14,000
8. UNIT COST ANALYSIS AL~D DETERMINATION:
A. NUMBER OF COST UNITS FOR INDIVIDUAL PROPERTY
MARION
COUNTY TAX ADDRESS AREA LINEAL PROPERTY OWNER
MAP # LOT # ACRES FRONT
FOOTAGE
051W18BC 2100 598 Settlemier. * 0.135 *40 Doman, Ruth, Stephen and Sheree
051 W18BC 8500 620 Settlemier * 0.103 *54.6 Glavnik, Niclolay & Lyudmila
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051W18BC 2000 263 Tout Street 0.210 43 Garcia, Abel, Ofelia & Huapeo Alfonso
051W18BC 1900 207 Tout Street 0.144 74.3 Nobles, Marian
051W18BC 8600 202 Tout Street 0.230 100 Carlson, Noah & Eulalia
051W18BC 1800 197 Tout Street 0.215 75 Koffler, Frieda
051W18BC 8700 188 Tout Street 0.374 100 Perfecto, Jose
051W18BC 1700 175 Tout Street 0.146 60 Daurov, Ivan & Lyubov
051W18BC 1600 125 Tout Street *0.066 100 Kravets, Victor & Anna
051W18BC 9300 707 Front St. * 0.115 *50 Astoraa, Jose Abel Torres & others
TOTAL 1.805 696.9
* Denotes Area or Footage Reduced by 50%.
B. COST DETERMINATION FOR LINEAL FRONT FOOTAGE:
Estimated cost of the street improvements to
be funded by property assessments for the improvement
to Tout Street $ 14,000
Total footage within the assessment district 696.9 LF
(Includes 100% front footage and 50% of side footage)
Cost per lineal foot of frontage $20.09/LF
C. COST DETERMINATION FOR PER ACRE AREA
Estimated cost of the street improvements to
be funded by property assessments for the improvement
to Tout Street $ 14,000
Total area adjoining Tout Street
within the assessment district. 1.805 acres
(Includes 100% of fronting lot area
and 50% of side lot area)
Area cost, per acre $ 7,756.23/AC
D. EACH DRIVEWAY APPROACH COST
The driveway approach to lot requiring access
to Tout Street will be assessed at a flat rate.
$5001 ea.
9. INDIVIDUAL ESTIMATED PROPERTY ASSESSMENTS:
A. ESTIMA TED ASSESSMENT COST BASED ON APPROACH,
AREA AND LL~EAL FRONT FOOTAGE
I TAX I
COST
TOTAL
COST
COST
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LOT # ADDRESS PROPERTY OWNER OF BASED BASED ON ASSESSMENT
APPROACH ON AREA FOOTAGE
598 Settlemier Doman, Ruth, Stephen
2100 Ave. and Sheree $0.00 $1,086.83 $803.50 $1,890.33
620 Settlemier Glavnik, Niclolay &
8500 Ave. Lyudmila $0.00 $833.24 $1,097.78 $1,931.02
263 Tout Garcia, Abel, Ofelia &
2000 Street Huapeo Alfonso $500.00 $1,690.63 $863.76 $3,054.39
207 Tout Nobles, Marian
1900 Street $500.00 $1,159.29 $1,492.50 $3,151.79
202 Tout Carlson, Noah & Eulalia
8600 Street $500.00 $1,851.64 $2,008.75 $4,360.39
197 Tout Koffler, Frieda
1800 Street $500.00 $1,730.88 $1,506.56 $3,737.44
188 Tout Perfecto, Jose
8700 Street $500.00 $3,010.93 $2,008.75 $5,519.68
175 Tout Daurov, Ivan & Lyubov
1700 Street $500.00 $1,175.39 $1,205.25 $2,880.64
125 Tout Kravets, Victor & Anna
1600 Street $500.00 $535.37 $2,008.75 $3,044.12
707 Front Astorga, Jose Abel
9300 Street Torres & others $0.00 $925.82 $1,004.38 $1,930.20
$3,500.00 $14,000.00 $14,000.00 $31,500.00
10. PAYMENT PLAN FOR ASSESSMENT:
A twenty-year (20) payment plan is proposed for the assessment obligation.
11. INTEREST RATE:
The Finance Director is authorized to develop a schedule and charge an interest
rate, which does not exceed one-half (1/2) percent above the estimated net
effective rate of bond sale. Currently this interest rate is estimated at 6.25 percent.
12. FUNDING METHODS:
The improvement costs for the project will be supported utilizing two funding
sources, the LID property assessments and council approved city support.
13. FUNDING SUMMARY:
PROJECT FUNDING REQUIRED
$ 113,400
A. CITY SUPPORT
State Revenue Sharing
Street/Strom CIP
$ 28,800
$ 17,100
Page 7 of8
100
...' '.~ .....
General Fund to CIP
Gax Tax ( Asphalt Rehab Portion)
$ 28,800
$ 7,200
SUB TOTAL =
$ 81.900
$ 31,500
B.
LID PROPERTY ASSESSMENTS
SUB TOTAL =
$31.500
FUNDING TOTAL
$ 113.400
14. MAXIMUM LIMIT OF ASSESSMENT AMOUNT:
It is proposed that the assessment amounts shown in this document be fixed as the
maximum amount to be assessed against the properties for the said improvement.
Any cost over runs will be absorbed by the city.
Page 8 of8
101
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CURB AND GUTTER
CITY OF WOODBURN
DEPT. OF PUBLIC WORKS
EXHIBIT 1
TOUT STREET
R CHECKED:
NTS DET No.
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June 22, 2006
FROM:
Mayor and City Council through City Administrator
Scott D. Russell, Chief of Police /
TO:
SUBJECT:
Liquor License Change of Ownership
RECOMMENDATION:
The Woodburn City Council approve a change of ownership application for
Fonzies Deli.
BACKGROUND:
Applicant: Goyena, Pam D.
1 660 Eugene Ct. N E
Keizer, Or 97303
Ph: 503-304-1660
Business: Fonzies Deli
1585 N. Pacific Hwy.
Woodburn, Or. 97071
Ph: 503-981 -0645
License Type: limited On-Premise Sales - Permits beer, wine and cider sales for
on-premises consumption only, and the sale of kegs of malt
beverages.
On May 26, 2006 the Woodburn Police Department received an application
requesting approval for a change of ownership for Fonzies Deli located at 1585
N. Pacific Hwy. The above-mentioned applicant has purchased the business
and is applying for a license. The Applicant had previously applied for a
change of ownership License for EI Armadillo Loco, but the sale of the business
fell through and she did not take possession of EI Armadillo Loco.
Agenda Item Review:
City Administrator
City Attorney _
Finane 01/)1
104
..,'~ ....
Mayor and City Council
June 22, 2006
Page 2
.
.
During the last 12 months there were no reported liquor law violations at Fonzies
Deli.
The business will be open from 10:00 am to 10:00 pm Monday through Thursday,
from 10:00 am to 12:00 pm on Friday and Saturday and will be closed Sunday.
The applicant advises the business will be selling beer and wine along with
serving food during normal business hours. The police department has received
no communication from the public or surrounding businesses in support of or
against the change of ownership.
DISCUSSION:
The police department has completed a background investigation on the
applicant and found nothing of a questionable nature, which would preclude
the issuance of this Liquor License.
FINANCIAL IMP ACT:
None
105
OREGON LIQUOR CONTROL COMMISSIO
LIQUOR LICENSE APPLIC It
PLEASE PRINT OR TYPE
Application is beinQ made for:
LICENSE TYPES
D Full On-Premises Sales ($402.60/yr)
D Commercial Establishment
D Caterer
D Passenger Carrier
o Other Public Location
(J Private Club
J:(Limited On-Premises Sales ($202.60/yr)
(J Off-Premises Sales ($ 1 OO/yr)
(J with Fuel Pumps
(J Brewery Public House ($252.60)
Cl Winery ($250/yr)
[J Other:
----
PAlO
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. Change Ownership
New Outlet
o reater Privilege
o Additional Privilege
D Other
R TV A ICOUNTY USE ONLY
:rr;~ 7: ~ I
. r'~!T~'c;ity C uncil or county commission:
,', " ,
"
,"
(name of city or county)
recommends that this license be:
Granted CJ
Denied 0
By:
(S19 natu re)
Name:
(date)
Title:
Aoolvina as:
Individuals (J Limited Cl Corporation
Partnership
1. Applicant(s): [See SECTION 1 of the Guide]
(1) ''>A\\. i (J(:~' C~{'
C?;)
[J limited liability
Company
OLCC USE ONLY
Application Rec'd by: ,OJ:iJ ~.
Date: 5- 2-f-or
gO-day authority: (J Yes (J No
Q)
@
2. Trade Name (dba): \C..~ i.' \l .: ')
\)c \.
3. Business Location: \C:)'(.~-) i'-..! ,t~:'\'\'\C. \AL'-lrJ F, l\..({(\\lln,\
(number. street, rural route) (city) (county)
(. t"- LI..ta \D'\l
(state) (ZIP code)
4. Business Mailing Address: <:, X \\ '" \ c . A:e-:) i~J~' ,..... '
(PO box. number. street. rural route)
5. Business Numbers: ~j{,.)).. Cif,\ - r'l,~l\ '~
(phone)
6. Is the business at this location currently licensed by OlCC? '~es QNo
(city)
(state)
(ZIP code)
(fax)
7. If yes to whom:
Type of License:
8. Former Business Name: r;-. I~,' \ ':.-~ ;
\)c. \ \
9. Will you have a manager? DYes ~NO Name:
(manager must fill out an Individual history form)
10. VVhat is the local governing body where your business is located? U...' ( ((\ h " \ \ )
(name of City or county)
11, Contact person for this application: \\) I \ (- '\ (,\ It' , V:'-.. 'J( ~.( /, (~ (( ~ ~)
\
i (ra"..e) (\lhone number(s) .
hd ~\\{~hh (\ 1,.1 (fl{(\ '" ,\-\'1)(.,:; l-l(Jcl\\!....{t..ch\\{{
:address) j (fax number) (e-mait address) .J
I understand that if my answers are not true and complete, the OlCC may deny my license application,
Ap icant(s) Signature(s) and Date:
r
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Date~1 Jl~ \ Oit: ~)
Date ~)
Date
Date
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1-800-452-0LCC (6522)
www.o/1ngate.or.us
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June 22, 2006
TO: Mayor and City Council through City Administrator
FROM: Scott D. Russell, Chief of Police Y
SUBJECT: liquor license New Outlet
RECOMMENDATION:
The Woodburn City Council approve a liquor license application for Woodburn
Grocery Outlet.
BACKGROUND:
Applicant: Ryker, Eddie R.
19704 Knoll Drive
Arlington, Wa. 98123
Ph: 360-659-9909
Business: Woodburn Grocery Outlet
1575 Mount Hood Ave.
Woodburn, Or. 97071
Ph: 360-659-9909
License Type: Off-Premises Sales - Permits beer, wine and cider sales for off-
premises consumption only.
On June 1, 2006 the Woodburn Police Department received an application
requesting approval for a new outlet liquor license for Woodburn Grocery Outlet
located at 1575 N. Pacific Hwy. The above-mentioned applicant has
purchased the property and is applying for a license. The business is not open at
this time and the applicant plans on opening the business in August of 2006.
Agenda Item Review:
City Administrator -'.
City A ttorney ~
Finane
107
'.. ;."" ....
Mayor and City Council
June 22, 2006
Page 2
.
.
The business will operate from 8:00 am to 9:00 pm Monday through Saturday
and from 9:00 am to 7:00 pm on Sunday. The applicant advises the business will
be selling beer and wine during normal business hours. The police department
has received no communication from the public or surrounding businesses in
support of or against the application.
DISCUSSION:
The police department has completed a background investigation on the
applicant and found nothing of a questionable nature, which would preclude
the issuance of this Liquor License.
FINANCIAL IMPACT:
None
108
-....., ...
OREGON UQUOR CONTROL C
LlQU9R LJ9~~~,E APP
PLEASS PAl TOR .TYPE
Aoolication Is beina made for:
LICENSE TYPES
CJ Fun On-Premises Sales ($402.50/yr)
o commercial E:stablishment
a Caterer
a Passenger Carrier
[] Other Public LocatIon
l:iI Prtvate clUb
I:) Limited On"Premises Sales ($202.60/yr)
l.1l"Ofr-ptemlSS8 Sales ($100/yr)
a with Fuel Pumps
Q Brewer)' Public House ($252.60)
[] Winery ($250/yr)
o Other.
APDMn9 ;s.~
il'fndlvlduals (J Umited C Corporation
Partne~.hip
JUN - 1 2006
~ 100-
0' · 8"
ACTIONS
o Change Ownership
~ew outlet
a Greater Privilege
e Additional Prtvllege
a other
FOR CITY AND COUNlY USE ONLY
The city council or county commission:
(name of city QI QO\Inty)
recommends that this license be:
Granted Cl
DenIed CI
By:
(G1gnature)
Name:
Title;
(elate)
Q Umlted Liability
Company
OlCC USE ON1.Y
Appnca~on Rec'd by: DLr.,;.~
Date; 0/1 bcvto _
9O-day authority: [J Yes Q No
f1nC(o
7. If yes to whom:
Type of Uc:ense:
lV/A.
"
:;)
,,0
(alldM!") (fax n mbor) (t-ms. address)
1 und.",tand tI'lat If MY answers are not true and complete, the OLee may deny my license appllcaUon.
Appllc t(!ll) SIgh . a D = # R E C t:: j V E 0
<D Date N~fGC~ IJ~C N-rr~i(): COMMISION
G') Date '3" (!) Date
1-800-45Z-0LCC (6522) JUN 01 2C!lS
www.o/cc.state.or.us
#it
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SALEM RiGtON^L OFFICE
109
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June 23, 2006
FROM:
Mayor and City Council through City Administrator
Mary Tennant, City Recorder Iv~
TO:
SUBJECT:
Liability, Auto, Property, and Workers' Compensation Insurance for
Fiscal Year 2006-07
RECOMMENDATION:
It is recommended that the Council authorize the City Administrator to execute
liability, auto, property, and workers' compensation insurance contracts with
City County Insurance Services (CIS) for fiscal year 2006-07.
BACKGROUND:
Annually, the City's Agent of Record, Huggins Insurance Services, solicits quotes
from potential insurance companies to insure competitive pricing on the City's
liability, auto, property, and workers' compensation insurance needs.
DISCUSSION:
Public entity insurance continues to be a difficult market in which to secure
coverage with CIS being the only insurance resource within the State willing to
provide the City with the necessary coverage for exposures that are unique to
government entities. The CIS quote for liability, auto, and property insurance
reflects an annual premium based on current reported asset values, however,
additional premiums will be assessed during the fiscal year as new property and
buildings are acquired by the City. Overall. the premiums for these coverages
decreased by 1.4% from last year's premium and it does include Course of
Construction coverage for the new Police Facility. No changes are proposed in
the deductible limits for any of our lines of coverage.
In regards to Workers' Compensation coverage, the City was provided with
options for a guaranteed cost plan and a retrospective plan. Currently the City
is under a retrospective plan which incorporates a discounted premium if losses
Agenda Item Review:
City Administrator
City Attorney _
Finance
110
_.~ ....
Mayor and City Council
June 23, 2006
Page 2
.
.
remain under a certain threshold. For fiscal year 2006-07, the threshold would be
$79,983. A review of current loss history shows that the actual losses paid in the
2004-05 policy year were $40,443 with no open claims. For the current 2005-06
year, the paid losses to date are $16,933 with incurred (reserved) losses at
$34,556. These figures are well below the break even point which results in a
lower premium than the Guaranteed Cost plan. It should also be noted that our
low claim costs have resulted in a decrease of our overall experience
modification rate from 1.03 to .93 which is a direct 10% savings on our annual
premium. Based upon the evaluation of the historical claims data and the
success of our loss control and safety programs, it makes sound fiscal sense to
remain on the retrospective plan.
Attached is a letter from our Agent of Record regarding our insurance renewal
for 2006-07 along with a summary report of the CIS proposal for these insurance
coverages.
FINANCIAL IMPACT:
For fiscal year 2006-07, the estimated premium for liability, auto, and property
insurance is $219,321 which is a 1.4% decrease over the premium for 2005-06. The
estimated base premium for workers' compensation coverage under the
retrospective plan is $81,048.70 which is a 1.8% decrease over the 2005-06 base
premium. Calculations for the worker's compensation premium take into
account payroll classification rate adjustments, the experience modification,
and salary projections within the 2006-07 budget.
111
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June 20, 2006
City of Woodburn
Alln: Mary Tennant
Via email
Rc: Renewal of City's insurance
7/1/06 to 711/07
Dear Mary,
Following are the quotes from City County Insurance Services, for your Property,
Liability, Auto, and Workers Compensation coverages for the policy term 0[7/1/06 to
7!l /07.
1 have provided a brief comparison between last year, and this year's quotes. For more
details, please refer to the CCIS quotes I have included.
For your information, the property quote submitted herein, is for insuring the new police
building on a Course of Construction basis, Once the building is completed and we
change the status to a completed structure, your premium will increase approximately
$1,300. This is using a 9/1/06 effective date for the change. Also, you will have an
additional premium when adding contents coverage to this building, but should also have
a return premium for decreasing the limit of contents in the building they will be moving
from. We will need to determine an accurate value for these contents once you are
closer to the move from the previous location to the new one.
We did semi an application to Chubb for their consideration in quoting the propelty
coverages, Chubb has declined to offer a quote this year, as they feel they need to do a
loss control inspection of all of the City's properties before quoting, and did not have the
resomccs to perform an inspection at this time.
1 included optional quotes for higher property deductibles, as we discussed. Also, the
City of Woodburn is not scheduled for an appraisal until the 7/07-08 fiscal year, so there
will be no mid-tcnn changes as a result of an appraisal this year.
112 j
./ ,\ ;. ";',
] line 20, 2006
City of Woodbul11 Renewals
Page 2
The mobile equipment schedule remains the same as last year, as we have not received
any advice as to changes to be made to the list. If there are additions, deletions, or
changes to your list of mobile equipment, please let me know so we can advise eelS.
Please review the attached premium information. Should you have questions, or wish to
review the figures with me in detail, I would welcome your call.
We appreciate the opportunity to be of service to the City of Woodburn once again.
CL-
113
,- ...... ....
City of Woodburn - Insurance Proposal for 7/1/06-07 & Comparison to Prior Year
07/01/06 to 07/01/07.- City County Insurance Services
Line of Coverage
7/1/06-07 Quote 711/05-06 Premium 711106-07 Exposure 7/1/05-06 Exposure
General Liability $123,079 $118.364 per schedule on file comparable to 06/07
Auto Liability $22.070 $21,655 116 autos 121 autos
Auto Physical Damage $15,704 $18.977 116 autos 121 autos
Property/$1 ,000 ded $58,917 $60,726 $59,411,376 $50,293,000
I-l Equipment Breakdown $4.481 $3,922 $59,411.376 $50,293,000
I-l Less: multi-line discount ($4.930.00) ($4.883)
~
05/06 Mid Term Changes $3.628 (not annualized)
Totals $219,321 $222,389
Options:
$5,000 Property deductible (S2,319 savings)
$10,000 Property deductible (S4.693 savings)
Workers Compensation 7/1/06-07 Quote 7/1/05-06 Premium
Relro Plan $81.048.70 $82,540.85
Guanranteed Cost Plan S183.017.14 $183.610.00
above premJums Include multi-line credit
Experience Modification 0.93 1.03
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June 26, 2006
FROM:
Honorable Mayor and City coun~.i,/Id .
John C. Brown, City Administrat~
TO:
SUBJECT:
Site Lease Agreement with PCUN
RECOMMENDATION:
It is recommended the City Council approve, and authorize the City
Administrator to execute the attached site lease agreement with Pineros y
Campesinos Unidos del Noreste, Inc. and Centro de Servicios para Campesinos,
Inc.
BACKGROUND:
The City currently leases space on its water tower near Cleveland Street for
antenna and similar apparatuses to for-profit entities including the Union Pacific
Railroad (UP) and various communications companies. There is no payment
with the UP lease, space is provided in exchange for land leased to the City by
UP. The value of that land lease, were it to be paid, is approximately $400 per
month. Communications leases are $1,000 per month. Space on the tower is
limited, with room for one more user.
Pineros y Campesinos Unidos del Noreste, and Centro de Servicios para
Campesinos, hereafter referred to as PCUN have been granted an FCC permit
to construct and operate a low-power FM radio station. It will have the call
letters KPCN-LP at 96.3 on the FM dial, and reach a five to seven mile radius. It
will be non-commercial, and authorized to broadcast 24 hours a day, 7 days a
week, with at least 48 hours/week over six days of locally produced
programming.
DISCUSSION:
Pursuant to FCC approvals, KPCN must be on the air by November 17, 2006.
PCUN intends to collaborate with the Philadelphia-based Prometheus Radio
Project on a founding conference and radio "barn raising" (intensive work to be
Agenda Item Review: City AdministratOf.
City Attorney _
Finance
115
_..... .,..,
Honorable Mayor and City Council
June 26, 2006
Page 2
.
.
broadcast ready). Those efforts would take place August 18th through 20th and
culminate in a community celebration and ceremony.
As the highest site in proximity to its offices, PCUN asked to rent space on the
water tower to locate a transmission antenna for KPCN. Broadcast facilities will
be located on PCUN property on Young street. City zoning allows this use on
the property. As a charitable organization with limited resources, PCUN
requested a site lease, at the reduced rate of $100 per month.
Discussions with PC UN have focused on the services KPCN enables PCUN to
provide the community, and on opportunities for the City to use the new station.
KPCN will broadcast programming similar to that found on public radio, and
which promotes the awareness, understanding and civil participation of its
audience. These broadcasts will target the Latino community, and will be in
English, Spanish, and indigenous dialects. A community-based committee will
select programming. PCUN also intends to develop a training collaborative with
at least one of the new small high schools, to equip youth with skills and
experience in radio communication. PCUN expects to reach thousands of
listeners in a format not previously heard in Woodburn, and increase the civic
engagement and awareness of the Latino community, especially youth. It also
intends to broadcast programming over the Internet.
For reduced site rental, PCUN will expand the City's broadcasting opportunities.
We currently run public service announcements and emergency broadcasts on
local radio stations. PCUN will also provide these services, but will expedite
urgent public service announcements and air them as long and as often as the
City needs. PCUN will also dedicate up to one hour per week of programming
to the City. Dedicated programming will enable us to expand our public
information capability and target audiences who are difficult to reach through
printed material. This is especially valuable for residents who speak indigenous
dialects, with whom we are not equipped to communicate.
Although City uses must be developed, we could use the time to discuss current
issues, promote City services and programs, disseminate information similar to
that found in the City newsletter, and respond to listener calls, to name a few
examples. Dedicated programming, however, requires a serious commitment
on the City's part. Once programming is established, it must be maintained.
Consequently, if we enter into this arrangement, the City will start out slowly,
using less time at first, and building to maximum capability. The value of these
services compensates for the lease reduction PCUN has requested.
116
- -- ...
Honorable Mayor and City Council
June 26, 2006
Page 3
.
.
Attached is a draft agreement, which dictates terms of the space lease, sets a
rental fee of $100 per month, and establishes the City's programming options. In
addition, to rent, PCUN will be responsible for its monthly electricity costs at the
location. Remaining provisions represent "standard" City provisions, such as
insurance and indemnification. The agreement contemplates a five-year term,
which can be renewed for three subsequent five-year periods. Termination can
occur, for cause, with 30 days notice, without cause, with 120 days notice, or at
the end of a five-year term, with 90 days notice. In addition to advance notice,
for-cause and no-cause terminations also provide for due process up to and
including an opportunity to address the City Council.
Representatives from PCUN will attend your June 26, 2006 meeting to make a
short presentation and answer any questions you may have.
FINANCIAL IMPACT:
PCUN will pay monthly rental of $100 to the City, associated with the
recommended action. These funds will be deposited in the General fund.
117
........... .....
SITE LEASE AGREEMENT
This SITE LEASE AGREEMENT ("Lease") is entered into this _ day of
, 2006, by and between the CITY OF WOODBURN, a municipal
corporation (hereinafter referred to as "CITY"), and two charitable organizations
incorporated under the laws of the State of Oregon, PINEROS Y CAMPESINOS
UNIDOS DEL NORESTE, INC. and CENTRO DE SERVICIOS PARA CAMPESINOS,
INC. (hereinafter referred to as "TENANTS").
1. PREMISES
Subject to the following terms and conditions, CITY hereby leases to TENANTS,
and TENANTS hereby lease from CITY exclusive use of a portion of the real
property (the "Property") described in the attached Exhibit A. TENANTS' use of
the Property shall be limited to that portion of the Property together with
easements for access and utilities, described in attached Exhibit B (collectively
referred to hereinafter as the "Premises").
2. TERM OF LEASE
The initial term of the Lease shall be five years, commencing the _ day of
, 2006 ("Commencement Date") and terminating the _ day of
,2011. TENANTS shall have the option to renew this lease for up
to three additional five- (5) year terms ("Renewal Term") upon the terms and
conditions contained herein. This Lease shall automatically renew for each
successive Renewal Term unless any party notifies all others, in writing, of that
party's intention not to renew this Lease, at least 90 days prior to the expiration of
the term or any Renewal Term.
3. USE OF PREMISES
A. Construction. TENANTS shall have the right to erect and maintain, at
their own expense, a radio transmitting apparatus ("Antenna") on the
Premises including the necessary cabling, transmitter, mast, bracing and
other components related to low-power radio transmission in accordance
with attached Exhibit C. TENANTS' placement plans and specifications
shall be subject to CITY approval. TENANTS warrant that the
construction and maintenance of the Antenna shall be at all times in
compliance with applicable Federal, State, and local laws, rules, and
regulations.
B. FCC License. TENANTS shall obtain, at their own expense, all permits
and licenses required to operate an Antenna and corresponding non-
commercial broadcast from all applicable government and/or regulatory
entities.
Site Lease Agreement
Page 1 of 8
118
....'~ .....
C. Interference. TENANTS shall not use the Premises in any way that
interferes with the existing use of the Property by CITY, or with any use by
another tenant which use existed at the time that this lease was executed.
If it is determined that there is identifiable interference between TENANTS'
electronic equipment and the electronic equipment already permitted on
the Property by CITY, TENANTS shall be solely responsible for the timely
resolution of all interference concerns that are directly attributable to
TENANTS' use.
D. Maintenance. TENANTS shall, at their own expense, keep and maintain
the Premises and improvements now or hereafter located thereon in
commercially reasonable condition and repair during the term of this
Lease.
E. Proqramminq. TENANTS' programming shall reflect the non-commercial
purposes of TENANTS' charitable organizations including promoting
awareness, understanding, and civil participation of TENANTS' listeners.
4. RENT
A. Upon the Commencement Date, TENANTS shall pay CITY, as rent, the
sum of One Hundred Dollars ($100.00) per month ("Rent"). Rent shall be
payable on the first day of each month in advance to, CITY OF
WOODBURN, at CITY's address specified below. As further
consideration of this Lease, TENANTS shall provide CITY with the
following programming options:
i. Reasonable and timely access and support for broadcasting routine
public service announcements; and
ii. Expedited broadcast of urgent public service announcements; and
iii. Regularly scheduled programming time not-to-exceed one hour per
week, unless agreed otherwise by the Parties. The content and
production of said regular programming shall be CITY's sole
responsibility. CITY shall give TENANTS at least thirty (30) days
notice of City's intent to commence or suspend regular
programming (in order to accommodate scheduling and alert the
listenership). TENANTS shall make reasonable effort to
accommodate CITY's preference for scheduling regular
programming but reserves the right to make scheduling decisions.
B. TENANTS shall also pay all costs of electrical service as determined by
CITY.
Site Lease Agreement
Page 2 of 8
119
_0;_..... .....
5. INDEMNIFICATION
TENANTS shall release, indemnify, defend, and hold harmless CITY and its
officers, agents, and employees from and against all liability, claims, costs, and
expenses for any and all injuries, deaths, losses or damages arising out of or
relating to any activity of TENANTS and their staff and agents, on the premises
and any of the same arising from programming broadcast from TENANTS'
Antenna. TENANT, as a material part of the consideration to CITY, hereby
assumes all risk of damage to property or injury to persons in, upon, or about the
Premises from any cause other than CITY's negligence or willful acts, and
TENANT waives all claims in respect thereof against CITY.
6. LIABILITY INSURANCE
TENANTS shall maintain public liability and property damage insurance naming
CITY as an "Additionallnsured", with liability limits of not less than $1,000,000 for
all claims per occurrence. TENANTS shall maintain continuous, uninterrupted
coverage for the duration of the Lease. The insurance policy shall provide that
the insurance shall not terminate or be canceled unless thirty (30) days written
notice is first given to CITY. TENANTS shall provide to CITY a certificate of said
insurance at least 10 days prior to entering the premises.
7. RIGHT OF ENTRY AND INSPECTION
CITY may enter and inspect said premises at any time without notice.
8. TERMINATION
Except as otherwise provided herein, this Lease may be terminated, without any
penalty or further liability as follows:
i. If TENANTS default in fulfilling any obligation or term of this Lease
and fails to correct such default or commence substantial correction
of such default within thirty (30) days after written notice from CITY;
ii. Upon ninety (90) days after written notice by TENANTS, if they are
unable to obtain, maintain, or otherwise forfeit or cancel any
license, permit, or approval necessary for the construction and/or
operation of the Antenna or TENANTS' non-commercial broadcast
station;
iii. Upon one hundred twenty (120) days after written notice by CITY, if
at any time CITY finds it is in CITY's best interest to terminate this
Lease; provided that TENANTS are given a reasonable opportunity,
within said 120 days, to be heard subject to the following process:
(1) TENANTS shall meet with CITY staff and then, if necessary, (2)
TENANTS shall be provided an opportunity to address the
Woodburn City Council.
Site Lease Agreement
Page 3 of 8
120
-...... .
iv. After the first five-year term of this Lease, or after any Renewal
Term, upon ninety (90) days after written notice by CITY.
9. NOTICE
Any written notice required under this Lease shall be deemed given if personally
delivered or delivered by deposit in the United States Postal Service, postage
prepaid, return receipt requested. Notices shall be addressed to:
John Brown
City Administrator
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Ramon Ramirez
President
Pineros y Campesinos
Unidos del Noroeste, Inc.
300 Young 5t
Woodburn, OR 97071
Ann Witte
President
Centro De Servicios Para
Campesinos, Inc.
300 Young 5t
Woodburn, OR 97071
10. NONWAIVER
Failure by any party at any time to require performance by the other of this Lease
shall in no way affect that party's right to enforce any lease provisions; nor shall
any waiver of any breach be held to be a waiver of any succeeding breach or a
waiver of this nonwaiver clause.
11. ASSIGNMENT/SUBLEASE
TENANTS shall not assign or sublease the premises to any individual or
organization without prior written consent of CITY.
12. ENTIRE CONTRACT
This Lease Agreement contains and represents the entire agreement between
the parties relating to the transactions contemplated hereby and all prior or
contemporaneous agreements, understandings, representations and statements,
oral or written, are merged herein.
13. AUTHORITY TO CONTRACT
TENANTS represent and warrant that the individuals executing this agreement
on behalf of said corporations are authorized in accordance with a duly adopted
resolution of the Board of Directors or in accordance with the bylaws of said
corporation. TENANTS shall deliver a copy, within 10 days of date of this
agreement, of a resolution of the Board of Directors of said corporation
authorizing or ratifying the execution of this agreement to the City Recorder, City
of Woodburn, 270 Montgomery Street, Woodburn, OR 97071.
Site Lease Agreement
Page 4 of 8
121
......~ ...
IN WITNESS WHEREOF, the parties have executed this agreement on the day and
date first above written.
CITY OF WOODBURN
John C. Brown
City Administrator
Site Lease Agreement
PINEROS Y CAMPESINOS
UNIDOS DEL NOROESTE,
INC.
Ramon Ramirez
President
122
CENTRO DE SERVICIOS
PARA CAMPESINOS,
INC.
Ann Witte
President
Page 5 of 8
.,..,~ .....
EXHIBIT A
to the SITE LEASE AGREEMENT between CITY OF WOODBURN, as Landlord,
and PINEROS Y CAMPESINOS UNIDOS DEL NORESTE, INC. and CENTRO DE
SERVICIOS PARA CAMPESINOS, as Tenants.
Legal Description
The Property is legally described as follows:
Parcel No.5, lots 1, 2, 3, & 4, Block 6, Woodburn Packing Co. Addition with exceptions
as described in Volume 125, Page 369, Parcel No.6, Volume 320, Page 219, Beginning
on the east boundary of the right of way of the SPRR where the north boundary of the
county road leading from Woodburn to the town of Monitor, in Marion County, Oregon,
crosses the said railroad, said county road being also known as Cleveland Street, in
Woodburn, Oregon, running thence northeasterly along the east boundary of the SPRR
to the lands of UG Dunn, thence on the south boundary of said Dunn's and 100" to the
southeast corner of said lands, thence along the west boundary of the Woodburn
Packing Company's addition to the town of Woodburn same being in a southwesterly
direction and parallel to the main tine of the SPRR to the lands of the SPRR thence in a
southwesterly direction along the grounds of the SPRR to the north boundary of the
above mentioned street or road, thence to the place of the beginning.
Site Lease Agreement
Page 6 of 8
123
EXHIBIT B
to the SITE LEASE AGREEMENT between CITY OF WOODBURN, as Landlord,
and PINEROS Y CAMPESINOS UNIDOS DEL NORESTE, INC. and CENTRO DE
SERVICIOS PARA CAMPESINOS, as Tenants.
1. Access Easement
Parcel No.5, lots 1, 2, 3, & 4, Block 6, Woodburn Packing Co. Addition with
exceptions as described in Volume 125, Page 369, Parcel No.6, Volume 320,
Page 219, Beginning on the east boundary of the right of way of the SPRR where
the north boundary of the county road leading from Woodburn to the town of
Monitor, in Marion County, Oregon, crosses the said railroad, said county road
being also known as Cleveland Street, in Woodburn, Oregon, running thence
northeasterly along the east boundary of the SPRR to the lands of UG Dunn,
thence on the south boundary of said Dunn's and 100" to the southeast corner of
said lands, thence along the west boundary of the Woodburn Packing
Company's addition to the town of Woodburn same being in a southwesterly
direction and parallel to the main tine of the SPRR to the lands of the SPRR
thence in a southwesterly direction along the grounds of the SPRR to the north
boundary of the above mentioned street or road, thence to the place of the
beginning.
2. Utilitv Easement
Parcel No.5, lots 1, 2, 3, & 4, Block 6, Woodburn Packing Co. Addition with
exceptions as described in Volume 125, Page 369, Parcel No.6, Volume 320,
Page 219, Beginning on the east boundary of the right of way of the SPRR where
the north boundary of the county road leading from Woodburn to the town of
Monitor, in Marion County, Oregon, crosses the said railroad, said county road
being also known as Cleveland Street, in Woodburn, Oregon, running thence
northeasterly along the east boundary of the SPRR to the lands of UG Dunn,
thence on the south boundary of said Dunn's and 100" to the southeast corner of
said lands, thence along the west boundary of the Woodburn Packing
Company's addition to the town of Woodburn same being in a southwesterly
direction and parallel to the main tine of the SPRR to the lands of the SPRR
thence in a southwesterly direction along the grounds of the SPRR to the north
boundary of the above mentioned street or road, thence to the place of the
beginning.
Site Lease Agreement
Page 7 of 8
124
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June 26, 2006
FROM:
Woodburn Urban Renewal Agency
Honorable Mayor and City Council~
John C. Brown, City Administrato'-
TO:
SUBJECT:
Reimbursement Agreement for Services, Materials and Projects
RECOMMENDATION:
It is recommended that the Urban Renewal Agency and the City Council
approve and authorize, respectively, the Chair of the Agency and the City
Administrator to execute the attached reimbursement agreement between the
Woodburn Urban Renewal Agency and the City of Woodburn for fiscal year
2006-07.
BACKGROUND:
Urban Renewal law requires tax receipts received by an urban renewal agency
to be used to retire debt. Indebtedness can be established by issuing bonds or
similar debt instruments, through loans from public or private agencies, or by
contractual arrangement.
In April 2005, the City Council and Urban Renewal Agency authorized the
execution of a reimbursement agreement for fiscal years 2004-06. This
established the debt necessary to meet legal requirements. Reimbursements of
$1,597,500 were anticipated during the term of the agreement, related to the
Plaza Project ($325,000), Phases 1 and 2 of the Front Street Project ($1,251,000),
and for administrative, legal, and financial consulting services ($21,500). The
Agency reimbursed the City $325,000 for the Plaza, $611,000 for Phase 1 of the
Front Street Project and $5,000 for consulting services during the period.
DISCUSSION:
Tax receipts of $444,000 are estimated to be received in 2006-07. As indicated in
the Background, these funds must be used to retire indebtedness.
Agenda Item Review:
City Administrator~ City Attorney _
126
Financ~
-,....... .....
Honorable Mayor and City Council
June 26, 2006
Page 2
.
.
Since the City and Agency executed the last reimbursement agreement, the
Agency issued $1,850,000 in debt, through a private borrowing. Debt service on
this amount is $233,000 in 2006-07
In 2006-07, the City will concentrate on two projects: Front Street reconstruction
and widening, Phases 2 and 3. The Agency's share of the cost of these projects
is $1,584,000, which includes a ten percent contingency. In addition, budgeting
for 2006-07 requires the Agency to support the cost of its annual audit and
specialized legal and consulting services ($6,500). Expenses will be budgeted in
City accounts, and reimbursed by the Agency pursuant to this agreement.
Funds necessary to reimburse the City will be provided from the urban renewal
funds on hand, including the balance of private borrowing completed in 2005-
06 and tax proceeds for 2006-07.
The attached agreement facilitates the Agency's reimbursement of costs
advanced by the City for the fiscal year. This is the same agreement format
approved by the Council and Agency in 2005 and was reviewed and approved
by the City's independent urban renewal counsel. Accordingly, your approval
of the attached agreement is respectfully recommended.
FINANCIAL IMPACT:
The attached agreement facilitates, consistent with the schedule provided in
Exhibit A to the Agreement, debt of the agency, and repayment to the City of a
not-to-exceed total for Fiscal 2006-07 of $1,590,500.
127
,....,~ ....
AGREEMENT FOR SERVICES BETWEEN WOODBURN URBAN RENEWAL
AGENCY AND CITY OF WOODBURN
This Agreement for Services (Agreement) is entered into between the City of Woodburn
(City), an Oregon municipal corporation, and the Woodburn Urban Renewal Agency
(the Agency), the urban renewal agency of the City of Woodburn, created pursuant to
ORS 457.035 through ORS 457.460.
Recitals
Whereas, by Ordinance No. 2283 the City activated its urban renewal agency pursuant
to ORS 457.055, and designated the City Council of the City of Woodburn to exercise
the urban renewal powers pursuant to ORS 457.045 (3); and
Whereas, by Ordinance No. 2298 the City Council adopted the Woodburn Urban
Renewal Plan (Plan), Section 1100 of which states, in part:
"...the Agency may borrow money from, or lend money to a public agency in
conjunction with a joint undertaking of a project authorized by this plan."; and
Whereas, Section 600 of the Plan identifies as projects which may be undertaken
pursuant to the Plan in the urban renewal area: A) Public Improvements including
construction and repair of parks, streets, and sidewalks; and C) Plan Administration
including personnel and other administrative costs incurred in management of the
renewal plan; and
Whereas, the City and the Agency work in partnership to accomplish the provisions of
the Plan adopted by the City Council and put before the Agency for implementation, and
Whereas, the City and the Agency wish to clarify the relationship between the City and
the Agency with respect to services to be provided by the City to the Agency, and the
Agency's obligation to pay the City for those services, and
NOW THEREFORE, the City and the Agency agree as follows:
Terms of Agreement
In consideration for reimbursement for the costs of services and materials and projects
according to the terms of this Agreement, the City will provide the following services and
materials to the Agency according to the terms of this Agreement:
1. Personnel Services.
1.1 City staff to provide all staff services required to implement and
administer the Plan and any other Agency activities. Staff assigned
to perform functions in support of the Agency will continue to be
PAGE 1 - CITY/AGENCY REIMBURSEMENT AGREEMENT, 2006-07
128
,......... .....
employees of the City and will provide services to implement Plan
as directed by the Agency. The City will not charge the Agency for
these staff services pursuant to this Agreement. Nothing in this
Agreement, however, shall prevent the City from requiring
reimbursement from the Agency for these services in future written
agreements.
1.2 The City Administrator has final and exclusive authority over
decisions to hire, fire and discipline the City employees assigned to
perform functions in support of the Agency, under the City's
personnel rules and policies.
1.3 Except as specifically provided in other sections of this Agreement
or as set out in a future written agreement of the parties, charges to
the Agency for materials will be the same as any inter-departmental
City charge.
2. Insurance.
2.1 The City will procure and maintain property and liability insurance
covering the Agency's activities at such levels as the Agency
deems necessary and appropriate. The City will not charge the
Agency for insurance premiums pursuant to this Agreement.
Nothing in this Agreement, however, shall prevent the City from
requiring the Agency to pay for this coverage in future written
agreements.
3. Professional and Consultinq Services.
3.1 The City and the Agency will consult with one another regarding
selection of independent contractors providing professional and
consulting services, including bond counsel and the financial
advisor for debt issuance for the Agency, if any; general or
specialized urban renewal consulting, and audit services for the
Agency.
4. Leqal Services.
4.1 The Agency may obtain legal services from the City Attorney and/or
outside legal counsel as the Agency determines, in consultation
with the City, best meets the needs of the project or issue at hand.
The Agency shall not reimburse the City for legal services
requested of the City Attorney for the period of this Agreement.
Nothing in this Agreement, however, shall prevent the City from
requiring reimbursement from the Agency for these services in
future written agreements. The Agency shall be responsible for the
PAGE 2 - CITY/AGENCY REIMBURSEMENT AGREEMENT, 2006-07
129
cost of legal services provided to the Agency by outside legal
counsel.
4.2 If legal services are provided jointly to the City and the Agency, the
City and the Agency will agree on a cost allocation for such
services prior to such services being rendered.
5. Accountina Services.
5.1 The City shall provide all accounting services related to the
Agency's debt service fund and investment of funds pursuant to this
Agreement. Nothing in this Agreement, however, shall prevent the
City from requiring reimbursement from the Agency for these
services in future written agreements. The City will not charge the
Agency for these accounting services pursuant to this Agreement.
6. Financial Matters.
6.1 Except as specifically provided herein, the City agrees that it will
not make any charge against any Agency account without first
obtaining the approval of the Agency.
6.2 The Agency will cooperate with providing all necessary financial
information to the City for the City to include in its Comprehensive
Annual Financial Report (CAFR).
6.3 The Agency's financial records will be available for inspection by
City at all reasonable times.
7. Public Improvements.
7.1 The City will act as the lead agency for the purpose of constructing
projects in the urban renewal area, and will be responsible for
project design and engineering, obtaining any planning approvals
and permits, for forwarding payment of any standard fees, and for
construction management for construction projects.
7.2 Projects that will be constructed in the urban renewal area during
the term of this Agreement, consistent with those shown on Exhibit
A, are joint projects of the City and the Agency. The Agency and
the City shall share the costs of these projects according to the
reimbursement schedule in Exhibit A.
7.3 All public improvements constructed by the City and Agency during
the term of this Agreement shall be accepted, owned, and
maintained the City after construction is complete.
PAGE 3 - CITY/AGENCY REIMBURSEMENT AGREEMENT, 2006-07
130
,,'.. ,,... ....
8. Compensation. Agency shall pay to the City an amount not-to-exceed
$1,590,500 for the services and projects described in this Agreement
during the term of the Agreement. The parties have agreed to a schedule
for Agency's payment for such services and projects, which is attached
hereto and incorporated as Exhibit A. Exhibit A may be amended by
mutual agreement of the parties.
9. Term and Termination.
9.1 The term of this Agreement shall be effective July 1, 2006 and shall
continue through June 30, 2007, unless terminated pursuant to this
section.
9.2 Either party may terminate this Agreement at any time by giving the
other party written notice not less than ninety (90) days prior to the
proposed termination date.
DATED this day of June, 2006.
WOODBURN URBAN RENEWAL AGENCY
CITY OF WOODBURN, OREGON
Chair
City Administrator
PAGE 4 - CITY/AGENCY REIMBURSEMENT AGREEMENT, 2006-07
131
,.... ......., .
EXHIBIT A
SCHEDULE OF SERVICES, MATERIALS, AND PROJECTS REIMBURSED
BY THE WOODURN URBAN RENEWAL AGENCY - 2006/07
Reimbursable
UR Consulting Services
Independent Legal Counsel
Audit Services
Front Street Reconstruction Project
(Phase II)
Front Street Reconstruction Project
(Phase III)
TOTAL
Total
Maximum
Reimbursement
$ 2,500
$ 1 ,500
$ 2,500
$ 803,000
$ 781,000
$ 1,590,500
132
,- '.~ ...
11N
MEMORANDUM OPINION NO. 2006-01
DATE:
Mayor and City Council
John C. Brown, City Administrator )
N. Robert Shields, City Attorney Ii ["
June 23, 2006
TO:
FROM:
RE:
Questions Raised About Marion County's Consideration of City's Periodic
Review Amendments
INTRODUCTION
At your June 12, 2006 meeting, you asked me to examine two legal issues related to your
discussion of Marion County's response to the City's Periodic Review amendment
package. In an effort to answer your questions, I have researched Oregon law and have
discussed the existing practice in other municipalities with other city attorneys.
QUESTION 1: Would an executive (closed) session discussion by the City Council of
Marion County's response to the City's Periodic Review amendments be permitted by
Oregon law?
SHORT ANSWER: Probably not.
DISCUSSION:
General Statutory Structure
Oregon law authorizes executive sessions only in certain defined and limited situations.
ORS 192.660 specifies how and on which matters executive sessions may be conducted.
Complaints about improper executive sessions can be filed by any person for no charge
with the Oregon Government Standards and Practices Commission. The Commission has
the administrative authority to investigate allegations concerning executive sessions and to
impose civil penalties not to exceed $1000 per violation. Additionally, enforcement of the
executive session law can occur in Circuit Court by an affected party. Under the statute, a
successful plaintiff may be awarded reasonable attorneys fees (ORS192.680 (3)). If a
court finds a violation of the law and determines that it was willful, the court may hold
members of the governing body personally liable for the amount of attorneys fees assessed
against the public body (ORS 192.680(4)). Finally, while the Oregon Attorney has no
specific enforcement role under the statute, the position of the Oregon Attorney General's
133
Mayor and City Council
John C. Brown, City Administrator
June 23, 2006
Page 2
office in regard to public meetings issues is often cited to courts and has some persuasive
authority.
Statutory Authoritv
As mentioned above, whether an executive session is legally permitted under Oregon law
depends specifically on what subject matter is to be discussed and if a discussion of this
subject matter is permitted under ORS 192.660. As applied to particular situations, the
justification for the executive session will depend on the involved facts and whether they
support a discussion in the closed session.
ORS 192.660(h), concerning litigation or potential litigation, was referenced in the City
Council discussion and appears to be the only statutory provision that could be argued to
justify an executive session. That provision states that an executive session may be
conducted "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."
No definitions for "current litigation" or "litigation likely to be filed" are provided in the
statute and this lack of legislative guidance is problematic. "Current litigation" would
appear to be cases that are actually filed and presently pending against the City. But even
in this instance, the Oregon Attorney General's office has taken the position that LUBA
cases do not constitute litigation because they are administrative in nature. While I do not
completely agree with this position, and the question has yet to be decided by a court, the
City needs to be aware that ORS 1 92.660(h) has thus far been given a narrow reading.
"Litigation likely to be filed" is even more open to interpretation. I believe that if Circuit
Court, or the Government Standards and Practices Commission, were asked to construe
this phrase it would place significant importance on the word "likely". Consequently, in
every instance where the City Attorney's office initiates an executive session under the
authority of this section, we are able to articulate the real threat of a lawsuit. Typically,
this is in the form of a recent demand letter from a party's attorney threatening to sue the
City.
Conclusion
There can be no definitive answer to this question until Circuit Court or the Government
Standards and Practices Commission were to decide the issue. However, for the reasons
above and based upon the present facts, I cannot advise the City Council to discuss Marion
County's response to the City's Periodic Review amendments in executive session.
OUESTION 2: Is it legal for the City to enter into an arrangement where private parties
agree to pay costs associated with a subsequent process to potentially bring certain other
properties into the Urban Growth Boundary?
SHORT ANSWER: Yes, qualified.
134
",.... '>lfo~' .
Mayor and City Council
John C. Brown, City Administrator
June 23, 2006
Page 3
DISCUSSION:
Back2round
After discussion of the City's Periodic Review amendment package by the Marion County
Board of Commissioners, the Board passed a motion to approve the City package as
submitted with the understanding that the County would establish a new coordinated
population projection through the year 2030 and the City would initiate a subsequent
legislative amendment to further expand the Urban Growth Boundary to include properties
owned by the Woodburn School District, the Serres family and Tukwila Partners.
After passage of the Board's motion, the City has raised the question of the payment of
costs associated with this subsequent process. Specifically, can owners of the potentially
benefited properties mentioned by the Board agree to pay for these costs?
A2reement is N ecessarv
The attorney for the Serres family argued before the Council that there is "no basis in law"
to have the private parties pay these costs. This argument misses the point. Clearly, the
"basis in law" for absorbing these costs is the agreement of the parties. The City
Administrator's analysis of this issue was based upon the assumption that the involved
parties would agree to pay a portion of the costs. If no agreement is possible, then the City
could not assess these costs against the properties. Rather the City's alternative would be
to simply abandon the process.
Authority of Cities and Prevailin2 Practice
Although I could find no reported Oregon cases discussing the practice, it is not
uncommon in Oregon for private parties to agree to pay portions of the costs related to
land use processes conducted by cities in certain instances. Historically, Woodburn has at
least one example where Chappell Development and Capital Development, two private
entities, agreed to make monetary contributions to help fund a consultant employed to
study the development of the Woodburn Interchange. Based upon my discussion with
other municipal attorneys, other cities and counties have been involved in similar
situations. The City has broad legal authority to enter into agreements once there has been
a determination by the City Council that it is in the public interest.
Le2islative v. Ouasi-iudicial Distinction
One qualification on the answer to this question is that, contrary to what was stated in the
Board's motion, it is my opinion that a subsequent process to potentially bring these other
properties into the Urban Growth Boundary would be subject to legal review as a quasi-
judicial and not a legislative process. First, it is clear from the Board's record that its
concern is with three specific properties. Second, the case law is clear that based just upon
135
.",. ...'
Mayor and City Council
John C. Brown, City Administrator
June 23, 2006
Page 4
the area and number of involved properties, the subsequent proceeding would be viewed as
quasi-judicial. See Manning v. Marion County.
The legislative v. quasi-judicial distinction is important because, even though the City has
broad authority to enter into an agreement with private parties, if quasi-judicial procedures
were found to apply, then this could create additional procedural issues which could
possibly result in a remand of the case. For instance, the concepts of ex-parte contacts and
bias have no application in a true legislative context. However, in a quasi-judicial
proceeding issues related to ex-parte contacts and bias could be raised and argued as
assignments of error on appeal.
Mechanics of the A!!reement
The second qualification on the answer to this question concerns implementation. If the
City enters into any arrangement where private parties agree to pay costs associated with a
subsequent process, then it is imperative that (1) the City is legally protected, and (2) that
the private party follow through on its obligation. These two concerns are always a
significant part of my job.
Historically, in the Chappell Development/Capital Development instance previously
mentioned, Chappell Development defaulted on its obligation and never paid its promised
share. In another instance involving the development of the Woodburn Factory Stores, a
third-party has now litigated with the City for over five years based upon the City's
establishment of a reimbursement district. Even though the Woodburn Factory Stores have
always followed through on its obligations, it was extremely important for the City that
they were made to indemnify and defend the City from third-party exposure as part of the
reimbursement district approval.
Similar protections and assurances must be insisted upon to protect the City if private
parties agree to pay costs associated with a subsequent process.
Conclusion
Subject to the qualifications discussed above, the City may enter into an arrangement
where private parties agree to pay costs associated with a subsequent process to potentially
bring certain other properties into the Urban Growth Boundary.
136
.... '~. ....
-II- I
MEMORANDUM OF UNDERSTANDING
This agreement is entered into by and between Marion County ("the County"), a political
subdivision of the State of Oregon, and the City of Woodburn ("the City"), a municipal
corporation, to memorialize the parties' understanding concerning amendments to the city's
comprehensive plan and urban growth boundary.
Recitals:
Pursuant to periodic review Order #00794 work tMb no~. , the City has approved
amendments to its comprehensive plan and urban growth boundary and submitted those
amendments to the County for its approval in accordance with ORS 197.
The Marion County Board of Commissioners held two public hearings on the proposed
amendments and voted to approve the amendments without modifications with the understanding
that the city will consider amendments to its comprehensive plan and urban growth boundary to
include properties the County believes could be-have been, but were not included in the City's
periodic review amendments.
The city council has reviewed and considered the County's position and ha~ voted to
accept the COtll1ty' ~ pIopo~al authorized the execution of this agreement.
Now, therefore, the parties agree as follows:
1. After it has adopted an ordinance approving the comprehensive plan and urban growth
boundary amendments comprised in the city's periodic review wOlk ta~k~ lIO~. Order #00794,
the County will commence a review and recalculation of its population projections and to the
year 2030. This review will be performed at the County's expense as expeditiously as reasonably
possible.
2. When the population projections review is completed, the City shall consider amendments to
its comprehensive plan to include additional properties, including [description of properties]
within its urban growth boundary if substantiated by the new population projection figures. The
City will facilitate the landowners' applications and coordinate review of the applications with
the County. Landowners who w i5h to participate in this process shall be responsible for
providing legal justification for their applications and paying for their own costs forof legal
orand other professional services.
3. These amGndl1'Knt~ applications will be il1itiatGd and processed by the City even if the
periodic review work task amendments made by the City pursuant to Order #00794 are still
subject to review, appeal or remand.
4. Nothing in this memorandum will require the parties to approve any land use action that is not
supported by substantial evidence or is not consistent with state and local standards and criteria.
........... .....
5. This memorandum memorializes an understanding between the City and County shall not be
enforceable by any third parties.
CITY OF WOODBURN
MARION COUNTY
By
Title
Chair
Date:
Commissioner
Commissioner
Date:
. Bob Shi""lds - Fwd: Revised MOU for Woodburn UBG
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From:
To:
Date:
Subject:
"Gloria Roy" <groy@co.marion.or.us>
<bob .shields@ci.woodburn.or.us>
6/26/20064:55:13 PM
Fwd: Revised MOU for Woodburn UBG
Bob,
I just met with Commissioner Carlson and two of the policy advisors
about some changes to paragraph 2 of the MOU that she would like to see.
Commissioner Brentano has a copy with the handwritten changes as he had
to leave for another meeting. The requested revision is tracked on the
forwarded document (but the formating may be a bit off).
In summary the two changes to paragraph 2, first sentence are:
1. Change "consider" to "make a good faith effort to undertake", as a
middle ground between the original language of initiate and the city's
change to consider.
2. Adding "...amendments to its comprehensive plan to adopt the
population projections and to include additional properties, including
[description of properties]...". This is to recognize that there
apparently is a two step process, first adopt the revised population
projections and secondly to consider additional properties.
,""- '~' ....
Revised Draft
MEMORANDUM OF UNDERSTANDING
This agreement is entered into by and between Marion County ("the County"), a political
subdivision of the State of Oregon, and the City of Woodburn ("the City"), a municipal
corporation, to memorialize the parties' understanding concerning amendments to the city's
comprehensive plan and urban growth boundary.
Recitals:
Pursuant to periodic review Order #00794, the City has approved amendments to its
comprehensive plan and urban growth boundary and submitted those amendments to the County
for its approval in accordance with ORS 197.
The Marion County Board of Commissioners held two public hearings on the proposed
amendments and voted to approve the amendments without modifications with the understanding
that the city will consider amendments to its comprehensive plan and urban growth boundary to
include properties the County believes could have been, but were not included in the City's
periodic review amendments.
The city council has reviewed and considered the County's position and authorized the
execution of this agreement.
Now, therefore, the parties agree as follows:
1. After it has adopted an ordinance approving the comprehensive plan and urban growth
boundary amendments comprised in the city's periodic review Order #00794, the County will
commence a review and recalculation of its population projections and to the year 2030, and
density guidelines. This review will be performed at the County's expense as expeditiously as
reasonably possible.
2. When the population projections review is completed, the City shall BBH-'+H:ter make a good
1',11111 efrort to undcl1aJ...c amendments to its comprehensive plan to adope the populmion
projec\i\lllS and to include additional properties, including [description of properties] within its
urban growth boundary if substantiated by the new population projection figures. The City will
facilitate the landowners' applications and coordinate review of the applications with the County.
Landowners who participate in this process shall be responsible for providing the legal
justification of their applications and paying for their own costs of legal and other professional
servIces.
3. These applications will be processed by the City even if the periodic review work task
amendments made by the City pursuant to Order #00794 are still subject to review, appeal or
remand.
4. Nothing in this memorandum will require the parties to approve any land use action that is not
supported by substantial evidence or is not consistent with state and local standards and criteria.
.- ...... ...
5. This memorandum memorializes an understanding between the City and County shall not be
enforceable by any third parties.
CITY OF WOODBURN
MARION COUNTY
By
Title
Chair
Date:
Commissioner
Commissioner
Date:
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June 22, 2006
TO: Honorable Mayor and City Council through City Administrator
FROM: steven Patterson, Recreation Services Manager
SUBJECT: Weed and Seed Letter of Intent
RECOMMENDATION:
It is recommended the City Council approve a Letter of Intent to submit an
application for the FY-2007 Weed and Seed Grant.
BACKGROUND:
Staff has previously discussed the intent, uses, and process for obtaining a Weed
and Seed Grant from the U.S. Department of Justice (DOJ). A Letter of Intent,
authorized by the governing body of the sponsoring agency is the first step in
the process to become "Officially Recognized" by the DOJ as a Weed and
Seed location. Official Recognition is necessary to obtain permission to submit a
Weed and Seed Grant Application, which will be due in January 2007.
DISCUSSION:
In February 2006, representatives from the Woodburn Police Department and
Recreation and Parks Department attended a conference in Birmingham,
Alabama, sponsored by the DOJ to learn more about the Weed and Seed
program. Per DOJ guidelines, staff hosted meetings open to the community to
identify the potential for initiating a Weed and Seed Strategy. The consensus of
those attending the meetings was the City should submit the Letter of Intent.
FINANCIAL IMPACT:
The recommended action will have no financial impact on current or future
budgets. However, the City and its partners in the project could receive a
$1,000,000.00 grant over a five-year period if Woodburn's proposal is funded.
Agenda Item Review: City Administrat
Finance
137
"... '."", ....
NOTICE OF INTENT TO SUBMIT AN APPLICATION
FY 2007 WEED AND SEED GUIDELINE AND APPLICATION KIT
The City of Wood bum, in partnership with the United States Attorney's Office and the
U.S. Drug Enforcement Agency, along with local public, private, and non-profit agencies
and organizations at the local level, intends to convene a Steering Committee, charged
with creating a Weed and Seed Strategy for reducing crime, violence and gang activity in
Woodburn, Oregon. The City of Woodburn will work closely with all collaborative
partners to better meet the needs of citizens of Woodburn.
The name of the proposed Weed and Seed Site is "City of Woodburn" . Woodburn is
located in Marion County, Oregon, and it has a current population of22,065 residents.
The City of Woodburn, and the Weed and Seed Strategy will be formed in the 5th
Congressional District of Oregon, and the U.S. Census Bureau Tracts of the proposed
Weed and Seed Strategy are those areas that are within the City of Woodburn city-limits,
in tracts 103.01, 103.03, 103.04, and 103.05.
The proposed Weed and Seed Strategy will affect the City of Woodburn, which is located
within the boundaries of the following streets:
A. Crosby Road
B. Front Street
C. Jones Road
D. North Pacific Highway (99E)
E. Molalla Road (211)
F. Cooley Road
G. Hardcastle Avenue
a. Including the neighborhood that is contained within the City of Woodburn city-
limits on the following streets: Heritage Ave, Orchard Lane, Centennial Drive,
Dunn Court, East Lincoln Road, Blaine Street, Aztec Drive, Pauline Street, Laurel
Avenue, Tomlin Avenue, Landau Drive, Christiansen Street, George Street,
Silverton Road (214), and Birdseye Road.
H. Pacific Highway (99E)
1. Belle Passi Road
J. South Boones Ferry Road
K. Parr Road
a. Including the neighborhood that is contained within the City of Woodburn city-
limits on Kelowna Court, Brandywine Court, Marylynn Way, and Elana Drive in
the Southwest Corner of Parr and Boones Ferry, and including the Heritage
Elementary School, Valor Middle School, and Centennial Park.
L. Butteville Road - Please see the attached map of Woodburn, Oregon.
138
..... ,.... ....
Woodburn, Oregon - Part 1 Crime Statistics
The population adjusted Part 1 Crime rate for Woodburn for the period of 2003 to the
present is summarized in the below.
YEAR 2003 2004 2005
Marion Proposed Marion Proposed Marion Proposed
County Site: County Site: County Site:
City of City of City of
Woodburn Woodburn Woodburn
Homicide 14 0 8 0 N/A 0
Robberies 232 12 222 22 N/A 34
Aggravated 456 19 711 27 N/A 26
Assaults
Burglaries 3,073 161 2,545 203 N/A 238
Weapons 376 26 385 29 N/A 36
Offenses
Drug 2,121 III 2,420 118 N/A 155
Arrests
Propose teenn2 ommIttee omposItIOO:
Name Organization Position Resident
(Yes or No)
Karin Immergut U.S. Attorney's Office U.S. Attorney No
Bill Etter U.S. Drug Enforcement Drug Demand Reduction No
Administration Coordinator
Craig Christoff Woodburn Together President Yes
Bob Jester Oregon Youth Director No
Authority
Carmen Ramirez Farmworker Housing Director of Services & Yes
Development Community Organizer
Corporation
Dan Murphy Marion County Director No
Commission on
Children and Families
Walt Blomberg Woodburn School Superintendent Yes
District
Karen Armstrong Woodburn School Special Projects Manager Yes
District
Sara Zavala Marion County Assistant to Sheriff No
Sheriff s Department
Walt Beglau District Attorney's District Attorney No
Office
Javier Perfecto City of Woodburn Community Relations Yes
Officer
Joan Oliver Marion County Director No
Juvenile Parole
Jennifer Robin Marion County Health Substance Abuse Yes
Department Prevention Coordinator
Paul Iverson Woodburn Fire District Chief Yes
dS
C
C
139
-....~ ....
Chelsea Collins Student Student Yes
Joyce Harkins Woodburn Association Representative Yes
of Senior Programs
Maria Leonardo Stonehenge Manager Yes
Apartments
James Gregeroff Park A venue Manager Yes
Apartments
The Woodburn Police Department conducted a community needs assessment, which
indicates that there are many supportive elements in place in our community, and there
are some elements that are badly needed.
The Woodburn Police Department has implemented of a variety of community policing
strategies that include the creation of a Community Response Team, and the provision of
a School Resource Office from the Woodburn Police Department.
The community of Woodburn has also demonstrated commitment to delivering quality
prevention programs including After School Club, Summer Day Camp Programs, 21 st
Century Community Learning Center, Youth Athletics with support from the Woodburn
Youth Baseball Association, and the Woodburn Youth Football Association, and the
Woodburn Chapter of the Police Activities League.
Contact Information for Site Official Submitting this Notice of Intent:
Phone:
E-Mail:
Scott Russell
Chief of Police
City of Woodburn Police Department
270 Montgomery Street
Woodburn, OR 97071
503.982.2345
scott. russell@ci.woodbum.or.us
Name:
Title:
Organization:
Address:
140
..-. "",
Supported by:
Karin J. Immergut, U.S. Attorney
Mark O. Hatfield U.S. Courthouse
1000 SW 3rd Avenue, Suite 600
Portland, OR 97204
Phone: 503.727.1000
E-Mail: karen.immergut@usdoi.gov
Kathy Figley, Mayor
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
John Brown, City Administrator
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
141
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June 22, 2006
TO: Honorable Mayor and City Council through City Administrator
FROM: Steven Patterson, Recreation Services Manager
SUBJECT: KaBOOM Playground Replacement Agreement
RECOMMENDATION:
It is recommended the City Council enter into a grant contract with KaBoom! to
replace the playground at Nelson Park.
BACKGROUND:
Per this grant contract, the City of Woodburn will receive up to $25,000.00
toward new playground equipment, plus volunteer labor from KaBoom
corporate partners.
DISCUSSION:
The Recreation and Parks Board (RPB) has made it a priority to implement a
playground restoration program, which would replace ten playgrounds in ten
years. Recreation and Parks Board members did site visits to assess the condition
of all of the playgrounds in the Recreation and Parks Department inventory.
Through this assessment, the RPB determined that Nelson Park was their first
priority for playground replacement.
In an effort to implement the playground restoration program, the Recreation
and Parks applied for a grant from KaBoom, to replace the playground
equipment at Nelson Park. KaBoom is a national foundation dedicated to
creating safe places for children to play. KaBoom furnishes funding to build
playgrounds, and works closely with corporate sponsors who also furnish
volunteers to install the playground equipment. This grant program involves the
community in design, planning, and installation of the equipment.
Agenda Item Review: City Administrator
City Attorney
Finance
142
Honorable Mayor and City Council
June 22, 2006
Page 2
.
.
A "Playground Design Day" is planned for Thursday, June 29, 2006 at 6:00 p.m. at
Nelson Park. KaBoom representatives will work with the children and parents
who live in the neighborhood to come up with conceptual designs for the
playground, and to start the local volunteer planning committee. A targeted
mailing was sent to residents who live within easy walking distance of the park
inviting them to come to the design day. A local planning committee
comprised of staff and citizens will also be formed during the design day. The
committee will be responsible for coordinating and hosting the build day,
The "Build Day" is currently planned for August 24, 2006. The planning
committee responsibilities are to coordinate the delivery of the equipment,
furnishing some volunteer assistance and tools for building and assembling the
playground equipment, and to feed breakfast and lunch to as many as 250
corporate and community volunteers on the build day.
FINANCIAL IMPACT:
The recommended action will furnish the City of Woodburn with up to $25,000.00
in cash for new playground equipment, plus volunteer labor valued at up to
$25,000.00 for a total of $50,000.00 in cash and labor.
KaBoom requires $10,000.00 of local matching funds, and the Recreation and
Parks Department is seeking financial support from a local trust foundation to
furnish the match requirement.
143
.".. ,.....,. ....
.
'NASHINGTON. DC CHICAGO.IL ATLANTA. GA REDWOOD CITY. CA
4455 Connecticut Avenue, NW . Suit. B100 · W.shlnCJton, DC 20008 · tel 202.659.0215 · tn 202.659.0210
THIS KaBOOMI COMMUNITY PARTNER AGREEMENT is made this 15111 day of June 2006 by and between KaBOOM! and City
of Woodbum.
RECITALS
WHEREAS, KaBOOM! is a non-profit organization chartered in the District of Columbia and organized as a 501 (c) 3 by
detennination of the Intemal Revenue Service;
WHEREAS KaBOOM! is an organization that develops, manages and coordinates a community-building playground for
its Community and Funding Partners, culminating in a on~ay installation event known as a "Build Day";
WHEREAS City of Woodburn is entering into a written agreement with KaBOOM! for services to plan, design and
construct a community-build playground ("Program");
WHEREAS KaBOOM! has received charitable support from THE HOME DEPOT ("Funding Partner") for this Program
and has entered into a separate agreement with the Funding Partner, the result of which are financial and human resources for this
Program;
NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter expressed, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as
follows:
AGREEMENTS
1. OBLIGATIONS OF CITY OF WOODBURN
1.1. City of Woodbum agrees to be the Community Partner organization ("Community Partner") for the The Home Depot
playground project at Nelson Pari< on Greenview Drive, Woodbum, OR 97071.
1.2. City of Woodburn agrees to be responsive to the discrete timeline developed for the Program, inclusive of providing
approval of, action toward or direction to, specific responsibilities and initiatives of KaBOOM! on behalf of this Program.
1.3. As a Community Partner for a KaBOOM! community-build playground project, City of Woodburn will wor1< with
KaBOOM!, The Home Depot, and community residents to design, plan and build a community playground. All parties
will wori< closely together to ensure a successful, productive, and fun event.
1.3.1. The Community Partner agrees to host a KaBOOM!-facilitated Design Day with at least 10 adults and 20 children.
The adults will remain engaged in planning activities throughout the Design Day to Build Day planning process.
1.3.2. The Community Partner agrees to recruit and secure at least 10-15 adult volunteers for preparation activities two
to three days prior to Build Day playground installation.
1.3.3. The Community Partner agrees to recruit and secure at least 50.90 adult volunteers for the Build Day playground
installaton.
1.3.4. The Community Partner agrees to be responsible for preparing the site for the installation of the new playground,
at least two weeks before Build Day, which includes but is not limited to removing existing playground equipment,
footers and safety surfacing, grading the land, removing fencing and perfonning soil tests.
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City of Woodburn Letter of Agreement
June 15, 2006
2
1.3.5. The Community Partner agrees to provide certain provisions for use by volunteers working on the construction
project, induding but not lim~ed to food (breakfast snacks, lunch and mid-day snacks), water and restroom
facilities.
1.4. In support of this project, City of Woodbum is responsible for contributing $10,000 to the playground project.
1.4.1. All funds will be applied directly toward purchasing playground equipment..
1.4.2. Upon receipt of this signed agreement, KaBOOMt will invoice City of WoocIJum for the full amount of this
contribution, and ~ will be due at least 30 clays before the Build Day August 24, 2006.
1.4.3. If City of Woodbum does not make payment as outlined in Section 1.4.2, KaBOOMI reserves the right, without
waiving any other rights and remedies, to cancel the build.
1.4.3.1. In the event of the Build Day's cancellation due to non-payment by the Community Partner as outlined in
Section 1.4.2, at KaBOOMI's written request, without waiving any other rights and remedies, City of
Woodbum shaH be deemed liable for c1amages to KaBOOM! and Funding Partner for any un-cancelable
contractual commitments entered into prior to cancellation, arrj equipment costs, labor and materials,
and any additional expenses related to the Program, such as airfare and general supplies.
1.4.4. The Community Partner has the right to back-up documentation detailing the use of its contribution to the project.
Upon request, KaBOOM! will provide back-up documentation for City of Woodburn within 120 clays after the Build
Day.
1.5. City of Woodbum agrees to attend U Play!, the KaBOOMI University of Play, July 13-15 in Chicago, IL The Home
Depot will sponsor the registration fee for City of Woodbum, valued at $99.00. Upon completion of U Play! City of
Woodbum will receive a check for $501.00 as a scholarship to help defray transportation, lodging and other expenses.
1.6. The Build Day must occur in calendar year 2006 on Thursday, August 24.
1.6.1. The Build Day shall not be postponed (defined as delayed, held over or rescheduled) under any circumstances
other than for condttions that jeopardize the safety of the volunteers, or for unsafe weather conditions that
threaten the structural integrity of the playground.
1.6.1.1. The decision to postpone a Build Day shall be reached through discussion, collaboration and majority
agreement by KaBOOMI, the Community Partner and the Funding Partner, each represented by a
person authorized by each party.
1.6.1.2. The sole exception to mutual decision-making and majority agreement shall be when the decision must
be made immediately and solely by KaBOOM! on the construction stte in absence of authorized
representatives of the Community Partner and the Funding Partner being available.
1.6.1.3. The authorized representatives are defined as those individuals who have signed this Agreement, and
the Agreement between KaBOOM! and the Funding Partner, or their designates.
1.6.2. In the event that the Build Date is cancelled or changed solely by City of Woodburn, City of Woodbum shall be
deemed liable for damages to KaBOOM! and Funding Partner for any equipment costs, labor and materials and
any additional expenses related to the Program, such as airfare and general supplies.
1.6.3. In the event of a Build Day postponement, KaBOOM! shall collaborate with the Community Partner and the
Funding Partner to issue a Memo of Understanding (MOU) that outlines a plan for rescheduling the Build Day.
1.6.3.1. The MOU shall outline any additional expenses related to the rescheduled Build Day, and the party or
parties responsible for covering the additional expenses. These expenses may include, but are not
limited to, equipment storage, security, equipment shipment, and KaBOOM! travel and hotel expenses.
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June 15, 2006
3
1.6.32. The MOU shall identify the next-earliest possible date for the Build Day, based on the availability of open
dates on the KaBOOMI program calendar, the availability of the Community Partner to participate in the
project. and the availability of the Funding Partner to parfuipate in the project.
1.7. City of Woochum shall attach documentation to this Agreement showing proof of land ownership evidenced by a deed
granting title of the property to City of Wood:>um to the property, or a letter from the property owner Showing approval for
the installation of the playground. Working with the support of the property owner (if owner is a separate party), City of
Woodbum will maintain the property before and after the build to ensure a safe and attractive play area.
1.8. City of Woodbum shall collaborate with KaBOOMI during the planning of this Project to develop a maintenance program
for the playground that will be implemented by City of WoocI:lum upon completion of the playground installation.
1.9. City of Woodbum will obtain and maintain Commercial General Uability insurance (providing coverage against liability
for bodily injury, death and property damage which may rise out of or be based upon the use of the playground) and
Workers Compensation insurance policies, in amounts not less than one million dollars ($1,000,000.00) from the date of
this agreement and for a minimum of one (1) year thereafter. KaBOOM! and Funding Partner shall be named as
additional insureds for the Build Day upon such policy. The insurance shall be primary over any other insurance
covering KaBOOM! and Funding Partner. Such policy must provide that KaBOOMI and Funding Partner be given at
least thirty (30) days prior written notice of any change or cancellation of coverage. Community Partner will promptly
provide a c~y of the certificate from its insurer indicating the amount of insurance coverage, the nature of such
coverage and the expiration date of each applicable policy.
1.10. City of Woodburn will obtain all necessary and appropriate permits and licenses regarding the installation and
possession and use of a playground prior to Build Day in compliance with local and state laws, regulations and
guidelines.
1.11. City of Woodburn is responsible for ensuring the playground site is safe tor volunteers and children.
1.11.1. City of Woodbum is responsible for conducting up to two utility site checks as reasonably requested by
KaBOOM! with the appropriate utility companies between two and eight weeks prior to the Build Day.
Documentation of the utility checks must be provided to the KaBOOM! Project Manager upon completion.
1.11.2. City of Woodbum is responsible for conducting up to two soil stte tests as reasonably requested by KaBOOM!
between two and ten weeks prior to the Build Day. Documentation of the soil checks must be provided to the
KaBOOM! Project Manager upon completion. City of WoodbLUTl is responsible for undertaking any necessary
risk mitigation should the soil be deemed unsafe for children or volunteers..
1.12. City of Woodbum will work with local authorities and/or private firms as appropriate to ensure the safety and security of
human and equipment resources (playground equipment, playground volunteers) from the point of material delivery,
during the period(s) when site preparation occurs on the playground site, and until the conclusion of the Build Day.
1.13. City of Woodbum will agree to accept and maintain engineered wood fiber as playground safety surfacing, meeting
standards established by CPSC guidelines, for the lifetime of the playground.
1.14. City of Woodbum is solely responsible for any addttional costs beyond the proposed playground project budget.
KaBOOM! is not responsible for paying any vendors for any prior site preparation, upgrades or improvements not
agreed upon with KaBOOM!. If Community Partner decides to purchase additional equipment or materials to
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City of Woodburn Letter of Agreement
June 15, 2006
4
supplement materials secured by KaBOOM!, then the Community Partner is solely responsible for paying for the
materials and all other liabilities related to such materials. Neither KaBOOMI nor its Funding Partner(s) shall be liable for
payment. Community Partner will hold KaBOOMI and the Funding Partner hannless of any payments or liability with
respect to the additional ttems ordered.
1.15. City of Woodburn will seek prior approval from KaBOOMI and/or The Home Depot for any written and/or printed
materials that reference the Program and/or contain the logos of KaBOOMI or The Home Depct, including but not
limited to press releases, fliers and promotional materials. City of Woodburn will wor1< in collaboration with KaBOOM!
and/or The Home Depot to secure media coverage. KaBOOMI will provide mutual opportunity for the Community
Partner to review and approve materials prepared by KaBOOM! related to this Project (such approval not to be
unreasonably withheld).
1.16. City of Woodburn will allow the names and logos of The Home Depot and KaBOOM! on pennanent playground
signage, such as that shown as a sample during City of Woodburn's application process. Playground signage is 121,4
inches wide by 30 1,4 inches tall and mounted on poles designed to match the playground components in color and
design. The sign will be erected in a mutually agreed upon location and in accordance with the Community Partner's
guidelines regarding corporate signage. If the Community Partner has specific guidelines regarding corporate signage
on its property, please attach those guidelines to this Agreement.
1.17. City of Woodburn understands that the playground will be added to the roster of KaBOOM! Build Guild and, as such,
will receive subsequent infonnation from KaBOOM! on playground maintenance, programming and enhancements.
2. OBLIGATIONS OF KaBOOMI
2.1. KaBOOMI will provide the Community Partner with technical and organizational leadership and guidance for the
playground project.
2.1.1. Facilitate playground design and wor1< with vendors to procure equipment and materials in a timely fashion, the
possible exception being the installation of safety surfacing other than engineered wood fiber.
2.1.2. Manage construction logistics for the project, coordinate playground site preparation activtties with the
Community Partner, inventory equipment and materials, and assure that the necessary tools and materials are
available to construct the playground.
2.1.3. Facilitate regular planning meetings with the Community Partner and the playground planning committee.
2.1.4. Lead the Build Day activities, including the coordination of Build Day captains and volunteers.
2.1.5. Provide educational and promotional materials to support the playground project, including the KaBOOM! Tool Kit
of publications (4-book set), KaBOOM! online Playground Planner, nametags and other general supplies.
2.1.6. Provide for and coordinate the participation of the Funding Partner, The Home Depot, which has committed to
provide KaBOOM! with financial, human and/or in-kind resources to bring to fruition the playground project with
City of Woodbum.
2.2. KaBOOM! (in collaboration with City of Woodburn), will provide or secure a Certified Playground Safety Inspector
(CPS') to review the playground structure to ensure that tt is safe and bui~ to all appropriate standards and guidelines.
City of Woodburn acknowledges that neither KaBOOM! or Funding Partner nor their respective officers, directors,
employees, or agents have made or are in any way responsible or liable for action, inaction or negligence of the CPSI
and City of Woodburn agrees to look solely to the CPSI for any such liability, costs or expenses which arise out of the
CPSl's action, inaction or negligence.
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June 15, 2006
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2.2.1. The CPSI review will occur at the conclusion of the Build Day or, ~ KaBOOM! assumes responsibility for the
playground construction going beyond one day, at the conclusion of the installation.
2.2.2. In accordance with Section 4, City of Wocd>um shall be solely responsible for any injury, property damage, or
death which occurs in connection with the playground after review of the playground is completed.
2.2.3. In accordance with Section 4, in the event that the Build Day is delayed or not completed on the scheduled day
due to failure of City of Woodburn to meet the terms of this Agreement, then City of Woodburn will be responsible
for securing a CPSI to review the playground.
3. FUNDING PARTNER RELAT10NS
3.1. KaBOOM! has a separate agreement with a KaBOOM! Funding Partner, THE HOME DEPOT ("Funding Partnef),
whose contributions to KaBOOM! are helping to make this Project possible.
3.2. The Community Partner shall not solicit sponsors or donors whose products or services directly compete with the
products or seNices a the Funding Partner.
3.2.1. For the purposes of this Agreement, sponsors are defined as individuals, businesses or philanthropic
organizations that contribute funding or in-kind gifts to this Project in exchange for certain rights to promote their
affiliation with this Project to the general public, including but not limited to public name recognition via this
playground project's signs, T-shirts, media materials and public-address systems. Conversely, donors are
individuals or groups whose gifts to this Project require personal acknowledgement only, such as thank-you
letters.
3.3. In the event the Community Partner solicits other sponsors or donors, then those sponsors and donors shall not
compete with the Funding Partner for signage and sponsorship recognition. The Funding Partner shall receive first
placement on any recognition materials developed for the Project, including playground signage, banners, T-shirts,
press releases, web-site and newsletter stories, and flyers.
3.4. In the event of a conflict between the Funding Partner and other sponsors and donors. the Funding Partner, Community
Partner and KaBOOM! shall consider recognition on a case-by-case basis.
4. OWNERSHIP AND LIABILITY
4.1. The Community Partner is the owner of the playground in its entirety, for the lifetime of the playground, including the
equipment andlor safety surfacing purchased by KaBOOM! andlor its Funding Partner(s}.
4.2. It is agreed that City of Woodburn will indemnify and hold harmless KaBOOM! andlor the Funding Partner and their
respective officers, directors, employees, or agents from any and all claims, costs, expenses (including attomey's fees
and disbursements) or actions associated with this playground project from any claim or action, including but not limited
to claims and actions for personal injury, death, or property damages resulting from the use of any playground property
and equipment, except to the extent resulting from any willful misconduct of KaBOOM! andlor the KaBOOM! Funding
Partner.
4.3. A Certified Playground Safety Inspector will review the playground structure upon completion at the end of the
scheduled build Day. The manufacturer's representative/installer will certify that the playground was installed to
manufacturer's specifications at the end of the Build Day. In the unlikely event or planned circumstances that the
playground is not completely constructed, (CP) shall be responsible for completing the installation in accordance
with the specified guidelines with the assistance of the CPSI andlor the manufacturer's representatives,
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City of Woodburn Letter of Agreement
June 15, 2006
6
facilitated by KaBOOM!. (CP) agrees that KaBOOM! shall no longer be responsible for completing the
playground installation in these circumstances.
4.4. Maintenance of the playground facility and supervision of its use is the sole responsibility of City of Woodbum. Upon
request, the playground-equipment and safety-surfacing manufacturers will provide guidance and materials, toward a
maintenance plan for the playground.
4.4.1. The Community Partner will receive from Playworld Systems Inc., the provider of ~s playground equipment, or
via its KaBOOM! project manager, a play equipment maintenance kit from P1ayworld Systems Inc.
5. WARRANTY
5.1. The playground equipment is covered under warranty by the selected playground equipment company in accordance
with its warranty policy. Upon request, a copy of the warranty for the playground-equipment and the safety-surfacing wiD
be provided by the manufacture~s) to the Community Partner. While playground equipment and/or material
manufacturers may provide a warranty with respect to their product, City of Woodburn acknowledges that neither
KaBOOM! or Funding Partner nor their respective officers, directors, employees or agents, have made nor are in any
manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative
to any equipment or material, including but not limited to its quality, mechanical condition or fitness for a particular
purpose. Any warranties and/or guarantees on any equipment or material are subject to the respective manufacture~s
tenns therefore, and City of Woodbum agrees to look solely to such manufacturers for any such warranty and/or
guarantee.
6. GENERAL
6.1. Notices. Any notices required or permitted to be given hereunder shall be sent by certified or registered United States
mail, postage properly prepaid, or by personal delivery addressed as follows:
To: Darell Hammond, Chief Executive Officer
KaBOOM!
4455 Connecticut Ave., NW, Suite B100
Washington, DC 20008 USA
202-659-0215
Copy to: Evelyn Furia, Senior Client Services Coordinator
(Use the same KaBOOM! address as above)
To Corporation: Steve Patterson
CITY OF WOODBURN
270 Montgomery St
Woodbum, OR 97071
503-982-5266
6.2. Counterparts. This Agreement may be executed by the parties in one or more counterparts which shall, in the
aggregate, be signed by all parties and each counterpart shall be deemed an original instrument as against any party
who has signed it.
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June 15, 2006
7
6,3, Goveming Law. The laws of the State of Oregon, without reference to its choice of law provisions, shall govem the
interpretation and/or legal effect hereunder and shall have jurisdiction over any dispute (including arbttration) arising out
of or under the terms of this Agreement.
6.4. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the respective affiliates, successor, and
personal representatives of the parties to this Agreement, except to the extent of any contrary provision in this
Agreement.
6.5. Severability. This Agreement shall be construed to be in accordance with federal and state statutes. n any provision of
this Agreement, or any portion thereof, is found to be invalid, illegal, or unenforceable, under any applicable statute or
rule of law, then such provision or portion thereof shall be deemed omitted, and the validity, legality and enforceability of
the remaining provisions shall not in any way be affected or impaired thereby.
6.6. Complete Agreement. This Agreement, when executed by the duly authorized representatives of each party shall be
the entire agreement between the parties as to the subject matter stated herein and supersedes and replaces any and
all previous agreements and all amendments thereto.
6.7. Assignment. This Agreement may not be assigned, delegated or transferred by either party without the prior written
consent of the other party hereto.
6.8. Force Majeure. If either of the parties hereto is delayed or prevented from fulfilling any of its obligations under this
Agreement by Force Majeure. said party shall not be liable under this Agreement for said delay or failure. "Force
Majeure" means any cause beyond the reasonable control of a party. including, but not limited to acts of God, acts of
omission of civil or military authorities of a state or nation, fire, strike, flood, riot, act of terrorism. war, delay of
transportation. or inability due to the aforementioned causes to obtain necessary labor, materials or facilities. Either
party. however, may terminate this Agreement if the other is unable to perform any obligation under the Agreement for a
period longer than ten (10) calendar days due to such a force majeure event. In the event of any such termination,
KaBOOM! shall refund to the Community Partner any monies paid to KaBOOM!, less expenses already committed to
ancllor incurred prior to the date of termination. If, upon termination as provided herein, the sum due KaBOOM! by
Community Partner, exceeds the sum paid to KaBOOM! hereunder, Community Partner agrees to pay KaBOOM! for
any such additional sum due upon presentation of appropriate documentation within 30 days of invoice,
6.9. Waiver. A waiver by either party of a breach or failure to perform shall not constitute a waiver of any subsequent breach
or failure.
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City of Woodburn Letter of Agreement
June 15. 2006
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IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the day and year first above written.
By signing this Agreement, City of Woodburn fully acknowledges tts consent and understanding of and commitment to
the terms and guidelines set forth above. Please sign both original versions of this letter and return them to KaBOOMI. We will
then sign the originals, and mail one original and one copy back to you for your files.
KaBOOM! and The Home Depot look forward to worl<ing with City of Wocx:burn to make this playground a reality.
Date Terms agreed to:
Date Terms agreed to:
By:
Steven Patterson
Recreation Services Manager
Authorized Signature for City of Woodbum
Phone Number: 503-982-5266
Fax Number:
Email Address:steven.patterson@cLwoodbum.or.us
City of Woodburn
270 Montgomery St
Woodburn, OR 97071
By:
Darell Hammond
Chief Executive Officer
Phone number: 202-464-6070
Fax number: 202-659-0210
Email address: Evelvn@kaboom.ora
Ka800Ml
4455 Connecticut Ave, NW Suite 8100
Washington, DC 20008
Contact information for the person who should receive KaBOOMl invoices:
Name: Same As Above Telephone Number:
Mailing Address:
Fax Number:
Email Address:
Copy to:
Copy to:
Brian Gaines, Vice President, Administrative Services
Attachments:
Utility Inspection Form (for completion and retum to KaBOOM!)
Soil Inspection Form (for completion and retum to KaBOOM!)
Certified Playground Installer Certificate (sample) .
Playwortd Systems Inc. Playground Equipment Warranty (sample)
Copy: Sherry Carraway, The Home Depot
KaBOOM! Project Archives
www.kaboom.org The Po',ver to Chanc;e a Child's '.vorld
151
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June 26, 2006
TO:
Honorable Mayor and City Council through City Administrator
FROM:
Naomi Zwerdling, Interim Director of Community Development i\J. z .
SUBJECT:
Community Development Director's Approval of Design Review 06-03
RECOMMENDATION:
No action is recommended. This item is placed before the City Council for information
purposes in compliance with the Woodburn Development Ordinance. The City Council
may call up this item for review if it desires.
BACKGROUND:
On June 22, 2006, The Woodburn Community Development Director approved the
applicant's administrative Design Review Type II request to allow a vehicle wholesale
business on the property located at 2885 National Way. The subject property is further
identified on Marion County Assessor maps as Township 5 South, Range 2 West. Section
05D, Tax Lot 3500.
The subject property is zoned Industrial Park (lP), designated Industrial on the Woodburn
Comprehensive Plan Map, and is the location of a former manufacturing homes plant
for Fleetwood Homes, Inc. The adjacent property to the north is Marion County and is
zoned Exclusive Farm Use. The properties to the east. south and west are zoned
Industrial Park (IP) and are designated as "Industrial" on the Woodburn Comprehensive
Plan map. The property to the east of the subject site is in use as the Patrick Industries
manufacturing facility. The property to the north (in Marion County) is being used for
Farming. The parcels to the south of the subject site are being used for Industrial uses
including an Automotive Supply Company and NW Coating Systems. The property to
the west is being used by Yamamoto Corporation for Building Materials Wholesale.
Previous land use actions related to this application include Partition Case File 93-08,
Site Plan Review Case Files 93-05, 94-06, 95-01, 95-12, Lot Line Adjustment Case File 94-
02, and Variance Case File 95-05.
The property owner is Fleetwood Homes, Inc.
The applicant is Coparts, Inc.
Agenda Item Review:
City Administrator
City Attorney --.--:..
Finance
152
Honorable Mayor and City Council
June 26, 2006
Page 2
.
.
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
153
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