The URL can be used to link to this page

Agenda - 07/09/2007 CITY OF WOODBURN CITY COUNCIL AGENDA JULY 9, 2007 -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 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. Music in the Park presents the The Fabulous Essentials on July lOth and The Second Wind Jazz Ensemble on July 17th. Both performances begin at 7:00 p.m. B. The Basset Hound Games will take place on July 15 at Legion Park starting at 10:30 a.m., with registration at 8:30 a.m. C. The 24th Annual National Night Out is August 7, 2007, 6:00 to 10:00 p.m. To register call the Woodburn Police Department at 982-2345. Appointments: None. 4. PROCLAMATIONS/PRESENTATIONS Proclamations: A. National Night Out 2007 1 Presentations :. ~ c.:.IIRTS Tr<n;::" I -SI(','(.,/ c.~- I j, (Ch~ "^ v_ke.i'n. Ar.J;'-L R~~'j It: n.c;:.f -r;...../\ ~f r.-y,''''-.T)C, n COMMITTEE REPORTS '~:J ::;-f,., h) ) 5. A. Chamber of Commerce "HL-lbrd interpretes 0isponib(es para aqueHas personas que no bablan Ingles; previo acueroo. Comunjquese d( ISO',) 98o-2..t8S:' July 9. 2007 Council Agenda Page i 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 25, 2007, regular and 2 exec utive session Recommended Action: Approve the minutes. B. Woodburn Planning Commission draft minutes of June 28, 2007 14 Recommended Action: Accept the draft minutes. C. Police Department Statistics - May 2007 18 Recommended Action: Receive the report. D. Planning Project Tracking Sheet dated July 5, 2007 24 Recommended Action: Receive the report. E. Building Activity for June 2007 26 Recommended Action: Receive the report. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. 11. GENERAL BUSINESS - Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill 2674 - Resolution entering into Clean Water State 27 Revolving Fund loan Agreement No. R98414 with the State of Oregon and authorizing the City Administrator to sign such agreement Recommended Action: Adopt the resolution. July 9, 2007 Council Agenda Page ii B. Council Bill 2675 - Resolution entering into Clean Water state 59 Revolving Fund loan Agreement No. R98413 with the state of Oregon and authorizing the City Administrator to sign such agreement Recommended Action: Adopt the resolution. C. Appointment of Elected Representative to the NORCOM User 64 Board Recommended Action: Confirm Councilor McCallum's designation as the City of Woodburn's elected representative; and confirm Chief Russell as the City's administrative, and designated voting, representative, to the NORCOM User Board. 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. Planning Commission's Approval of Exception 2007-05 located 67 at 1060 Mt. Hood Avenue and along Park Avenue 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. ADJOURNMENT July 9. 2007 Council Agenda Page Hi 4A CITY OF WOODBURN NATIONAL NIGHT OUT 2007 WHEREAS, the National Association of Town Watch is sponsoring a unique, nationwide crime, drug and violence prevention program on Tuesday, August 7, 2007 called "National Night Out"; and WHEREAS, the "24th Annual National Night Out" provides a unique opportunity for the City of Woodburn to join forces with thousands of other communities across the country in promoting cooperative police-community crime, drug and violence prevention efforts; and WHEREAS, all citizens of Woodburn playa vital role in assisting the Woodburn Police Department through joint crime, drug and violence prevention efforts in Woodburn and is supporting "National Night Out 2007" locally; WHEREAS, it is essential that all citizens of the City of Woodburn be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drug abuse and violence in Woodburn; and WHEREAS, police-community partnerships and neighborhood safety and awareness cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, I, MAYOR KATHY FIGLEY, do hereby call upon all citizens of Woodburn to join the Woodburn Police Department and the National Association of Town Watch in supporting the "24th Annual National Night Out" Tuesday, August 7,2007. FURTHER, LET IT BE RESOLVED THAT, I, MAYOR KATHY FIGLEY, do hereby proclaim Tuesday, August 7,2007 as "NATIONAL NIGHT OUT" in the City of Woodburn. , , DATE I :, J 'j- I I 1 '! \ ill 1 SA COUNCIL MEETING MINUTES JUNE 25, 2007 TAPE READING 000 I DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 25, 2007. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 00 I 0 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols S ifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Community Development Director Allen, Police Captain Tennant, Community Services Director Row, Finance Director Gillespie, City Recorder Tennant 0025 ANNOUNCEMENTS. A) Independence Day Closures: In observance of Independence Day, City offices, the Library, and Aquatic Center will be closed on July 4, 2007. B) Independence Day Celebration: The annual July 4th Celebration will be held at Centennial Park beginning at 4:00 p.m. with food and activities. Dance, Dance, Dance will perform at 5:45 p.m. followed by the Bill Coleman Americana Band at 7:00 pm until the fireworks begin at 10:00 p.m.. Mayor Figley encouraged members of the community to attend this annual event and enjoy the performances and fireworks display. C) Summer Recreation and Library Programs begin this week and registration is still open for a number of activities. Program information and registration is available by contacting or visiting the Library and/or Aquatic Center. 0040 PROCLAMATION: RECREATION AND PARKS MONTH. Mayor Figley declared the month of July 2007 as Recreation and Parks Month and encouraged residents to enjoy our City parks and participate in recreation programs provided by the City. 0103 CHAMBER OF COMMERCE REPORT. l\iick Harville, Chamber Executive Director, reported that the Chamber had recently been notified that the Oregon Tour & Travel Association will hold their third quarter meeting in Woodburn which will result in a group of approximately 60 tourism and travel professionals coming to Woodburn to team about our area thereby giving them first hand Page I - Councill\lceting Minutes, June 25, 2007 2 COUNCIL MEETING MINUTES JUNE 25, 2007 TAPE READING information for marketing Woodburn and the surrounding area. This group represents all individuals in Oregon that are involved in domestic tourism and group tours. He also stated that the Chamber has continued to do familiarization tours of our area with the most recent tour being with the Portland Oregon Visitors Association of Travel Oregon. This tour was so successful that the Salem Convention of Visitors Association has asked that the Chamber conduct a tour for them and the Travel Oregon staff tour. These tours are important since information is provided in small group situations giving the participants a better understanding of what is in our area and upcoming events. 0166 CONSENT AGENDA. A) approve the Council minutes of June 11, 2007; B) accept the draft Recreation and Parks Board minutes of June 12,2007; C) accept the draft Planning Commission minutes of June 14,2007; D) receive the report on Claims for the month of May 2007; E) receive the Community Services Department Statistics report for May 2007; E) receive the Aquatic Center Holiday Hours report; and G) receive the CARTS Bus Parking and Route Changes report. COXINICHOLS... adopt the consent agenda as presented. Councilor Nichols questioned if the City incurs any liability for allowing the Chemeketa Area Regional Transportation System (CARTS) to use the public parking lot located east of City Hall. Administrator Brown stated that CARTS will provide the City with an insurance certificate and the City will have no liability in the event there is damage to their vehicles. The motion passed unanimously. 0213 PUBLIC HEARING: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION. Mayor Figley declared the public hearing open at 7:08 p.m.. Administrator Brown stated that the first step in applying for funds is conducting this public hearing to give the community the opportunity to talk to the Council about their needs as they relate to eligible activities within the CDBG. The second part of the hearing is intended to discuss the proposed application that the City would like to move forward on. The required notices have been published in the Woodburn Independent, posted in various locations, mailed to the Farmworker Housing Development Corporation and the Legal Aid Services (Woodburn office), and announced over PCUN Radio station as a public service announcement. The information was distributed in both English and Spanish. He stated that this grant is intended to address the needs of low to moderate income individuals and approximately 56% of the Woodburn community falls below that line which is about 80% of the median income for the area. The City is looking at financial assistance for public facilities improvements. Under the CDBG guidelines, overall development needs of the City need to be addressed in this public hearing and he Page 2 - Council Meeting Minutes, June 25,2007 3 COUNCIL MEETING MINUTES JUNE 25, 2007 TAPE READING stated that it is the City's intent to also submit CBDG applications for the Community Center cultural or activity center and the Library expansion project. In regards to the project before the Council at this time, staff has been working on a $300,000 grant application under the Downtown Revitalization Program which is a component of the public faci lities category of the CDBG grant. He stated that these grants are competitive in nature and applications are ranked based on a number of factors. This grant will focus on the landscape, lighting, and sidewalk improvements from Cleveland Street to Harrison Street. The estimated project cost is $660,000 with the street work being an additional $200,000. Under the grant, the City is required to meet a 15% match but, if approved, the City's match would be about 54%. Of the $300,000 grant, approximately $270,000 would be available for the grant construction costs with the balance for administration. Staff is proposing to contract with the Council of Governments (COG) and negotiations will take place on administrative fees if the grant is awarded. If the grant is received, the City has two years in order to spend the money which should work well with the proposed construction schedule. Councilor Lonergan questioned if the 10% administrative fee is a set amount or an estimate. Administrator Brown stated that the grant does list $30,000 based on a proposal from COG but it is not locked in and he hoped that the fee could be reduced to about $25,000. He stated that he has been working with staff members from the State and hoped that this application would receive a favorable response for funding. If the City is unable to secure funding as part of this quarterly allotment, the application can be resubmitted for the next quarter funding. No one in the audience spoke either for or against the proposed CDBG application or commented on the overall development needs of the City. The Mayor declared the public hearing closed at 7:20 p.m.. 0539 Councilor Cox expressed his support for this application but mentioned that forced undergrounding is part of the overall financing proposal for the entire project. This grant application is not directly related to the purpose for which these grant funds would be used for but he mentioned, as a reminder, that he is not in favor of forced undergrounding. He also reiterated that the City needs the CDBG grant funds for this portion of the project which has nothing to do with forced utility undergrounding. Administrator Brown stated that staff is doing their best to avoid having to take forced undergrounding up for future consideration and listed in the staff report are other financing opportunities that the City will be applying for to fund the project cost increases. Additionally, staff will soon be discussing with the Council a down-sized project that would take out some of the work on the alley between Front and First Streets and on Garfield Street. Councilors Lonergan and Sifucntez expressed their opinion that this project is a good use for grant funds. Page 3 - Council Meeting Minutes, June 25, 2007 4 COUNCIL MEETING MINUTES JUNE 25, 2007 TAPE READING 0615 COX/MCCALLUM... direct City Administrator to submit on behalf of the City, the Community Development Block Grant application that has been referred to in this hearing. The motion passed unanimously. 0629 PUBLIC HEARING:LEGISLATIVE AMENDMENT 07-01 (FILE LA 074-01): WOODBURN DEVELOPMENT ORDINANCE (WDO). Mayor Figley declared the public hearing open at 7:23 p.m.. Community Development Director Allen provided background information on the initial Council Resolution 1745 which initiated review of certain provisions in the WDO in 2003 followed by adoption of Ordinance 2383 in March 2005 which addressed a portion of the topics. From that original list, the Planning Commission has reviewed and is recommending adoption of text amendments included in this agenda packet. It was also noted that the following three topics still need to be addressed from the original list: (1) Significant Tree Conservation; (2) Concurrency; and (3) Wrought Iron Fencing. He reviewed the list of text changes as outlined in the staff report. In regards to vacant big box stores, the Planning Commission did recommend that the Council take no action to establish limitations on businesses not allowing competitors to buy or lease space. The findings in the report discuss the process involved with this project and, over the last six months, there has been extensive community outreach through various publications in addition to contacting business owners that would be affected by specific provisions in the proposed amendments. Staff has also notified the Oregon Department of Land Conservation & Development as required. Councilor McCallum requested more detailed information regarding shared parking. Director Allen statcd that the current ordinancc allows for two uses on different parcels to share 20% of their required parking if they are adjacent to each other and the landowners agree to the shared parking arrangement. The Planning Commission has recommended that an additional 20% be allowed when the uses on these parcels have different times of peak use for the parking needs plus an additional 10% of the joint use parking spaces if the parking is located on a transit facility and the development provides transit facilities such as bus parking, pullouts, and shelters. Joint use parking is a land use decision to detemline how much is appropriate which requires public involvement in the analysis of the shared parking. The provisions apply to new development, change of use, expansion of buildings, or expansion of operating hours triggers an analysis through the land use process to determine if the percentage of shared parking is still appropriate. Councilor Cox stated that reference had been made in the materials that the text amendments went through a Focus Group process, however, as a member of the Focus Group, he did not believe that they had reconvened to discuss these amendments. Director Allen stated that it was his understanding that the Focus Group had met but that meeting would have occurred prior to his employment with the City last summer. He stated that the Focus Group would be meeting to discuss the final three topics. 1064 Councilor Cox questioned the Commission's thoughts on the big box store issue. Page 4 - Council Meeting Minutes, June 25, 2007 5 COUNCIL MEETING MINUTES JUNE 25, 2007 TAPE READING Director Allen stated that Assistant City Attorney Stuart did conduct some research and tried to find another jurisdiction that was limiting a private property owner's ability to limit someone else leasing the property but was unsuccessful. The discussion at the Planning Commission was that staff believed it to be a private matter and they did not want the City to get into that type of limitation. Councilor Cox felt that some action should still be explored and an innovative proposal be developed to address the vacancy of big box stores that would affect our community. Councilor McCallum questioned if the provision on storage of materials pertained to parking lots. Director Allen stated that there is a business in the City that does have a permanent outdoor storage area that was granted as part of its land use approval and the provisions on temporary storage, such as a sidewalk sale, are intended to clarify where items can be located in close proximity to the storefront and adequate room for pedestrians to walk safely. 1251 Mayor Figley solicited public testimony and no one in the audience commented on the proposed legislative amendments. Mayor Figley declared the hearing closed at 7:43 p.m.. Councilor Cox stated that he had spent a limited amount of time to review this document but the process followed did involve extensive staff work, public involvement, and Planning Commission review. He would be voting in favor of these amendments primarily because he trusts the people who have made the recommendations to the Council. Councilor McCallum concurred with Councilor Cox, however, he would have liked some additional time to study the document. He also expressed a desire to see the Significant Tree issue discussed within the near future. In regards to public notification, Director Allen stated that the commercial office zone issue required Measure 56 notification to all CO zoned property owners. Administrator Brown stated that the agenda does include an ordinance for Council consideration, however, there is no real need to adopt the ordinance at this meeting. The ordinance does not have an emergency clause so it will take 30 days to go into effect. Councilor Bjelland mentioned that there may be a typographical error on the summary page under 3.106.04, Conservation of Significant Trees, in that (B)(A)(l) should read ".. Three or fewer non-significant trees may be removed..." and (B)(A)(2) should read "One significant tree may be removed from a lot larger than .5 acres...". 1487 COUNCIL BILL NO. 2668 - ORDINANCE ADOPTING SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2006-07 AND DECLARING AN EMERGENCY. Councilor Sifuentez introduced Council Bill No. 2668. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2668 duly passed with the emergency clause. Page 5 - Council Meeting Minutes, June 25, 2007 6 COUNCIL MEETING MINUTES JUNE 25, 2007 TAPE READING 1522 COUNCIL BILL NO. 2669 - ORDINANCE ADOPTING A BUDGET FOR FISCAL YEAR 2007-2008. MAKING APPROPRIATIONS. LEVYING TAXES. AND DECLARING AN EMERGENCY. Council Bill No. 2669 was introduced by Councilor Sifuentez. The two readings of the bill were read by title only since there were no objections from the Council. Councilor Cox stated that he had voted no on the recommendation at the Budget Committee meeting since the budget does include funding for the Front Street improvement project and the undergrounding of utilities on the north end of the project. He stated the financial source for funding the undergrounding includes a hidden tax for forced undergrounding that the citizens of Wood bum will be paying for and he is still opposed to this funding method. He realized that adopting the budget does not mean that the forced undergrounding will be the funding method used but he wanted this opportunity to tell the Council and the public that he would not be voting for forced undergrounding. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2669 duly passed with the emergency clause. 1605 COUNCIL BILL NO. 2670 - ORDINANCE AMENDING ORDINANCE 2313 (THE WOODBURN DEVELOPMENT ORDINANCE) TO MAKE CERTAIN TEXT REVISIONS. Councilor Sifuentez introduced Council Bill No. 2670. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Administrator Brown questioned if the significant tree issue brought up by Councilor Bjelland is in the ordinance or in the description matrix. Councilor Bjelland stated that it was in some of the other material since it is one of the three topics yet to be discussed but he did want that issue corrected before it came back to the Council for consideration. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2670 duly passed. 1668 COUNCIL BILL NO. 2671 - RESOLUTION DECLARING CITY'S ELECTION TO RECEIVE STATE REVENUES DURING FISCAL YEAR 2007-08. Councilor Sifuentez introduced Council Bill No. 2671. 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 No. 2671 duly passed. 1694 COUNCIL BILL NO. 2672 - RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 24002 WITH THE ST ATE OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT. Council Bill No. 2672 was introduced by Councilor Sifuentez. The bill was read by title Page 6 - Council Meeting Minutes, June 25, 2007 7 COUNCIL MEETING MINUTES JUNE 25, 2007 TAPE READING 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 No. 2672 duly passed. 1723 COUNCIL BILL NO. 2673 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT CONTRACT AMENDMENT WITH CHEMEKET A COMMUNMITY COLLEGE FOR P ARTICIP A TIONIN THE CHEMEKET A COOPERATIVE REGIONAL LIBRARY SERVICE (CCRLS) AND AUTHORIZING THE MAYOR AND LIBRARY MANAGER TO SIGN SAID AGREEMENT. Councilor Sifuentez introduced Council Bill No. 2673. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2673 duly passed. 1760 LIABILITY. AUTO. PROPERTY. AND WORKERS' COMPENSATION INSURANCE FOR FISCAL YEAR 2007-08. COX /MCCALL UM .... authorize the City Administrator to execute liability, auto, property, and workers' compensation insurance contracts with City County Insurance Services (CIS) for fiscal year 2007-08. Councilor Bjelland stated that he was glad to see the rate decrease this year. The motion passed unanimously. 1794 AMENDMENT TO PERSONAL SERVICES AGREEMENT. BJELLAND /NICHOLS .... authorize the City Administrator to execute the attached amendment to the Personal Services Agreement with W & H Pacific for consulting engineering services in connection with State Highway Phase Two Sidewalk project. Councilor Cox stated that the cost increase is substantial for construction supervision and questioned why this was not included in the services agreement. Public Works Director Tiwari stated that staff had been considering in-house supervision, however, this is a project using State funds and the time limitations in the summer months does not allow the City to do all of the required work. He agreed that the design and construction engineering services should have been considered as a package. Councilor Bjelland stated that he was surprised with the cost for construction engmeenng. Director Tiwari that the price is higher than what the City would normally pay since State requirements are substantially more than what is involved within the City. The motion passed unanimously. 1885 TREES I~ RIGHT-OF-\VAY IMPACTING PUBLIC AND PRIVATE INFRASTRUCTURE. Councilor Cox stated that he had read the report and there is a policy issue that needs to Page 7 - Council Meeting Minutes, June 25, 2007 8 COUNCIL MEETING MINUTES JUNE 25, 2007 TAPE READING be clarified. If the Council adopts the policy as outlined in the report, trees in the public right-of-way may not be removed unless they violate a fairly specific list of problems. Property owners who have planted a tree are not allowed to change their mind about an existing tree just because they do not want it there. He stated that he is not totally satisfied with the policy but feels that it is probably the best that can be done under the circumstances. Mayor Figley expressed concern that the current ordinance places the majority of the expense on the property owner and they have very little ability to do anything with it in return. Additionally, in Senior Estates, there are good trees in the wrong place with some of the trees healthy and others are not and there is always the perception of unequal treatment when some property owners are allowed to remove their tree. She agreed that this is an area where not everyone will be satisfied with the policy. Councilor McCallum felt that this policy does need to be reviewed further and suggested the appointment of a Focus Group to look at different options. Councilor Bjelland felt that there are two issues before the Council. One issue is a specific tree at a specific location and the staff report does recommend one approach to dealing with this issue. Mayor Figley stated that the staff recommendation is that actions short of cutting down the tree be taken at this time. Councilor Bjelland stated that the report brings up that the tree is on the property line and he questioned if this is a right-of-way issue or a private property issue. Administrator Brown stated that the tree is within the City's right-of-way but it is also located on the property line of the adjoining property which is why the staff report indicated that there would need to be concurrence from the adjoining property owner before the tree was removed if that would occur. Currently, the tree subsidy program would be available to the property owner if there is damage to infrastructure or threat of damage to infrastructure. Councilor Bjelland read into the record a portion of the staff report (page 3) stating that, in staffs opinion, the damage could be alleviated with a cut-out for the tree and with root trimming. Administrator Brown stated that if any property owner wanted to have an arborist assess the condition of a tree and report on the potential life span of a tree if roots are trimmed, then the City would have to consider that report and possibly determine that there are no other alternatives available other than to remove the tree. Staff would like to look at other alternatives rather than cutting down the tree. The recommendation before the Council at this meeting would allow the tree to be removed in a case where the damage is being done to a driveway within the public right-of-way which is an expansion of the current policy. Herb Harrison, 924 Oregon Way, stated that he would like to take out the tree and put in a tree that would not have surface roots that expand outward damaging the curb and driveway. Additionally, the roots of this particular tree are already up to his neighbor's Page 8 - Council Meeting Minutes, June 25, 2007 9 COUNCIL MEETING MINUTES JUNE 25, 2007 TAPE READING foundation which will eventually cause damage to the home. He stated that new concrete was poured at his home approximately 12 years ago and the roots were trimmed at that time, however, those roots have grown back and created more damage. He reiterated that he and his neighbor are willing to pay for the tree removal and he will replant a tree that is on the City's tree list. Councilor McCallum questioned if the tree on the property, a liquidambar, is on the current tree list in the Woodburn Development Ordinance. Public Works Manager Rohman stated that this tree was on the list from the 1980's but it is not on the approved list in the Development Ordinance. This is a sweet gum tree that does have an extensive root system which is one reason a fairly aggressive root trimming can be done without causing any problem with the tree. If the roots are just skinned and not completely removed, then the roots will grow back. He stated that the driveway apron has lifted up but the curb has no damage in that area. Councilor Nichols expressed concern about removal of almost half of the root system in order to save the tree versus potential loss ofthe tree as a result of high winds. Public Works Manager Rohman stated that this type of tree has both surface roots and a root ball that runs 3-4 feet down. He also mentioned that he had not heard of these trees causing any problems with foundations or water meters. Councilor Sifuentez questioned why staff is recommending that the trees not be removed if the property owner is willing to replace the tree. Public Works Manager Rohman stated that it has been past City policy to keep the tree if the tree is healthy and pruning can be done to alleviate the damage caused by the root system. Mayor Figley stated that the issue of having a good tree in the wrong location will continue to be a request before the Council in the future. The current development ordinance does address a more realistic approach to trees that are widespread within our community that are not an appropriate tree to be located within the public right-of-way. Councilor McCallum stated that there will continue to be an issue of what was good many years ago is not good anymore and the City needs to look at what can be done to correct problems and/or requests as they come before the Council. Mayor Figley expressed her strong desire to continue with a tree replacement requirement but, policy wise, there are some circumstances in which she would be willing to support removal of a tree provided that there is a site appropriate replacement tree required. BJELLAND/MCCALLUM .... accept staffs report and recommendations related to the street tree located at 924 Oregon Way; and prepare, for consideration at the Council's July 23, 2007 meeting, amendments to the existing tree ordinance as recommended in the staff report. Councilor Cox mcntioned that if Mr. Harrison would like to obtain an arborist opinion that \vould agree that the damage or potential damage or probable success for root cutting diffcrs from the staff report, thcn consideration will be given to removal rather than an alternative method of preserving the trce. Page 9 - Council Meeting Minutes, June 25, 2007 10 COUNCIL MEETING MINUTES JUNE 25, 2007 TAPE READING As far as the policy choice is concerned, Administrator Brown stated that he would like the Council to say that it is okay to remove this tree under the circumstances if an arborist report suggests that it cannot be saved by other measures. The motion passed unanimously. NICHOLS/MCCALLUM... if the arborist says that the tree cannot be saved or the probability of future damage even with root trimming is still significant, then the property owner be allowed to remove the tree and replace it with another tree. Administrator Brown stated that the Woodburn Development Ordinance is being used as the controlling mechanism for deciding which trees are used for replacement. The motion passed unanimously. 2827 2007-08 TOURISM AND ECONOMIC DEVELOPMENT GRANT AWARD. BJELLAND/MCCALLUM.n award 2007-08 Tourism and Economic Development Grant funds to the Woodburn Area Chamber of Commerce in an amount not-to-exceed $42,125 and authorize the City Administrator to execute a fee for services agreement with the Woodburn Area Chamber of Commerce. The motion passed unanimously. 2859 APPOINTMENT OF ADMINISTRATOR PRO-TEM. NICHOLS/LONERGAN .n appoint Community Development Director Jim Allen as Administrator Pro Tern for the period of June 27 through 29,2007. The motion passed unanimously. 2880 NEW BUSINESS: REIMBURSEMENT FOR PURCHASE OF BOOKS. Mayor Figley stated that City Administrator Brown had purchased books at a recent conference for the Mayor and Councilors on ideas surrounding development of downtown areas and urban renewal districts. Councilor Cox stated that he had read the book, felt it was germane to their job and it was an appropriate expenditure of City funds. COX/MCCALLUM... reimburse City Administrator Brown $142.00 for the purchase of Stacey Mitchell's books. The motion passed unanimously. Councilor Cox felt that the book would also be good reading material for the Planning Commission members and staff. 2985 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Design Review 2007-04, Exception 2007-03: Property located at 400 S. Woodland Avenue (Winco Facility). The Design Review involves the construction of a 34,200 square foot addition onto an existing freezer and a 22,000 square foot addition onto an existing cooler and loading dock. The Exception approval relates to the 6-foot sidewalk requirement for the boundary street improvement requirement for South Woodland Avenue. No action \vas taken by the Council to bring this land use action up for review. Page 10 - Council Meeting Minutes, June 25,2007 11 COUNCIL MEETING MINUTES JUNE 25, 2007 TAPE READING 3002 CITY ADMINISTRATOR'S REPORT. Administrator Brown expressed his appreciation to the Council for authorizing the reimbursement even though he had no expectation of that offer. He thought the book was very interesting and suggested that if Council members wanted to return their copy back to him, he would pass the books onto staff and Commission members. 3017 MAYOR AND COUNCIL REPORT. Councilor Nichols reminded the public that July 4th will be within the next 10 days and he hoped community members will have a safe and enjoyable holiday. He also reminded the public to be careful with the use of fireworks since there is dry vegetation throughout the City. Councilor McCallum stated that this year's Relay for Life was a very successful event and he thanked the Mayor, Council, and staff for their contribution towards this event. He also thanked Captain Tennant for his work as Logistics Chair for this year's event. Councilor Bjelland congratulated the Oregon State University Baseball team for their recent national championship. He mentioned that the team had received favorable publicity on how the players and coaches handled themselves as an underdog team and the State should gain some positive perceptions from this accomplishment. Councilor Sifuentez stated that she attended the Pioneros event at S1. Luke's last Sunday which was very successful. Councilor Cox concurred with the remarks made by Councilor Bjelland. 3165 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660(2)(h) and ORS 192.660(2)(f). NICHOLS/MCCALLUM... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The meeting adjourned to executive session at 8:40 p.m. and reconvened at 8:54 p.m.. 3179 Mayor Figley stated that no decisions were made by the Council while in executive sessIon. 3190 ADJOURNME~T. ~ICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:55 p.m.. APPROVED KATHRYN FIGLEY, MAYOR A rT EST Mary Tennant, Recorder City of Woodburn, Oregon Page 11 - Council Meeting Minutes, June 25, 2007 12 Executive Session COUNCIL MEETING MINUTES June 25, 2007 DA TE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, ST ATE OF OREGON, JUNE 25, 2007. CONVENED. The Council met in executive session at 8:45 p.m. with Mayor Figley presiding. 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, City Recorder Tennant Press: John Gervais, Woodburn Independent Mayor Figley reminded the Councilors, staff, and press that information discussed in executive session is not to be discussed with the public. The executive session was called pursuant to the following statutory authority: (I) ORS 192.660(2)(h) 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; and (2) ORS 192.660(2)(f) to consider records that are exempt by law from public inspection. ADJOURNMENT. The executive session adjourned at 8:53 p.m.. APPROVED KATHRYN FIGLEY, MAYOR :\ TTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, June 25, 2007 13 8B WOODBURN PLANNING COMMISSION MEETING MINUTES June 28,2007 CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council Chambers with Chairperson Lima presiding. Chairperson Lima questioned members of the Planning Commission having potential conflicts such as family, financial, or business relationship with any of the applicants or with regard to the project in question. If such a potential conflict exists, he asked whether the commissioner in question believes he or she is without actual bias or whether he or she would like to step down from the Planning Commission during the case. There were none. There were no objections from those present. Chairperson Lima announced: agenda is available at the back of the rOQrn. We will consider cases one at a time according to the order listed in the agenda. We will follow the hearing procedure outlined on the public hearing procedure board. All persons wishing to speak are requested to come to the podium and give their name and address. Any individuals speaking from other than the podium will not be recognized. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings p p P A A A P Staff Present: Jim Allen - Community Development Director Marta Carrillo - Administrative Assistant MINUTES A. Woodburn Plannina Commission Meetina Minutes of June 14. 2007. Commissioner GrosJaCQues moved to accept the minutes. Vice-Chairperson Bandelow seconded the motion. which unanimously carried. BUSINESS FROM THE AUDIENCE None. COMMUNICATIONS A. Woodburn City Council Meeting Minutes of May 29, 2007 No comments. Planning Commission Meeting June 28, 2007 Page 1 of 4 14 PUBLIC HEARING A. Exception 2007-05 Police Facility, 1060 Mt. Hood Ave. The applicant proposes to establish a secondary access from the Woodburn Police Department facility located at 1060 Mt. Hood Avenue to Park Avenue. The proposed connection to Park Avenue would connect the existing Police Department access drive to Park Avenue along the northern property line of Legion Park. The application is an Exception to the street right-of-way and the street cross-section width on Park Avenue. Currently, Park Avenue does not meet the standards that are specified in the Woodburn Development Ordinance for right-of-way width, street width, or sidewalk width. The proposal would retain the existing 36-foot wide street, 5-foot wide sidewalks and current right-of-way width of 60-feet along Park Avenue. Chairperson Lima asked if any Planning Commission member had a conflict, exparte, or challenge. Commissioner JenninQs stated that he was part of the task force which planned out the Police Department, and had no conflicts of interest with the current project. Staff Report Community Development Director Allen read the applicable ORS. The applicant is the Woodburn Police Department for the City of Woodburn and is requesting a second access off Park Avenue. The map shows the location North of Legion Park and is zoned Public/Semi-Public (P/SP) district. The access would be an allowed used. Park Avenue is not wide enough, which initiates the exception process. Park Avenue currently provides an existing eD-foot right of way, 36-foot improved surface, and 5-foot curb line sidewalks. These improvements do not comply with the requirements for an access street as specified in the TSP. The applicant submitted an exception request to allow an access permit to be issued for a 60-foot street right of way dedication instead of the required 66-foot right of way dedication required for the connecting street improvement on Park Avenue adjacent to the subject site. The applicant is also proposing to reduce the street pavement width from 40 feet to 36 feet and the sidewalk width from 6 feet to 5 feet on Park Avenue adjacent to the subject site (boundary street improvement) and from the subject site to Mt. Hood Avenue (connecting street requirement). Community Development Director Allen concluded his presentation and was available for any questions. Vice-Chairperson Bandelow asked about the plat map and if it differentiates between the residential and the Police Department (City) when determining use. Is there a standard procedure for converting park property into police department property? Community Development Director Allen stated that the City parcels is not differentiated between the development ordinance criteria and is a managed entity by the City. The procedure would be coordination between the Parks and Recreation Department and the Police Department. There are stages within the long range planning for Legion Park and Planning Commission Meeting June 28, 2007 Page 2 of 4 15 the layout design. The Parks and Recreation Department will orient the park to retain the soccer fields and also facilitate near the access road for the Police Department. The funds will need to be made available to make the changes possible. Chairperson Lima asked about the access road being a limited use for the Police Department or will it include public access. Community Development Director Allen stated that the access road would open during Police Department office hours, but be limited to the Police Department use after regular hours. Chairperson Lima invited the applicant for testimony. Thomas Tennant, Woodburn Police Department, 1060 Mt. Hood Ave., Woodburn, OR 97071. He stated that he had no additional comments in regards to the application submitted. ' Chairperson Lima asked if the access would have a limited use. CaptainTennant stated that the access would be a gated area with access to Park Avenue and would not have a lot of use after regular work hours. This access would be an additional entrance and exit, especially for emergency cases. Chairperson Lima asked the applicant, when they foresaw the projectcommencing. CaotainTennant stated that the anticipated date would be about 45 days after Fiesta Days in July. Chairperson Lima invited additional proponents of the application. None. Chairperson Lima invited opponents of the application. None. Chairperson Lima closed the hearing and opened for discussion amongst the planning commissioners. No further comments were made about the project. Vice-Chairperson Bandelow made a motion to approve Exception 2007-05, seconded by Commissioner GrosJacaues, motion passed. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings yes yes yes yes Planning Commission Meeting June 28, 2007 Page 3 of 4 16 ITEMS FOR ACTION A. Final Order - Exception 2007-05 Commissioner GrosJacQues made a motion to accept the Final Order for Exception 2007-05, seconded by Vice-Chairperson Bandelow, motion passed. DISCUSSION ITEMS Community Development Director Allen stated that Legislative Amendment 2007-01 WOO Update referred to City Council, was accepted by the members. REPORTS A. Planning Project Tracking Sheet June 6, 2007 Commissioner Jenninas inquired about the properties on Brown Street listed on the Activity Report. Community Development Director Allen stated that the subject properties are located next to the Soones Crossing PUD. Commissioner GrosJaCQues asked if the Brown Street properties were part of the Urban Growth Boundary (UGB). Community Development Director Allen stated that the properties were within the UGB and the applicant is seeking annexation. BUSINESS FROM THE COMMISSION Commissioner GrosJacaues inquired about the status of a full staff in the Community Development Department. Community Development Director Allen commented that applications have been received for the open positions. ADJOURNMENT Commissioner Jenninas moved to adjourn the meeting Vice-Chairperson Bandelow seconded the motion, which unanimously carried. Meeting adjourned at 7:38 pm. APPROVED CLAUDIO LIMA, CHAIRPERSON Date ATTEST Jim Allen Community Development Director City of Woodburn. Oregon Date Planning Commission Meeting June 28. 2007 Page 4 of 4 17 8C A~'~ I" c c' , I' ..' , .J I .:,f f ~ !i ., . . July 9, 2007 FROM: Mayor and City Council through City Administrator Scott Russell, Chief of Police ~ TO: SUBJECT: Police Department Statistics - May 2007 RECOMMEN DATION: 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 IMPACT: None /1 City Administrato -=-=--- . ~) Agenda Item Review: City Attorney !;:. Finane 18 'I','. "H I ~ i-,'!\. ;.. . i, '-/J: '.'1';' 1 >~:. , ' 4 ','I, , :",r'~JTI!T y I'Rl:'-o1fN!\I (-JFFFN'-;F<..: fl)H .TA~UA~Y THRU MAY 2007 t<E,'-,.tJLTS FC>!? A:! llFFE:'\ISE.l.; i'A(;!,; PL611t11't SCOTTRLI 'il\: ' "t. I t' ~ i j,," L::'\ J. t ('fli\):", ;[ t, : !,' I .~ Ar;l;kAVATf-<,rl A.l,~.'A\l ,1 ANIMAL O:;-[JINlJ'J(f.::-. AS:--)AU~L .l. TMtJl,f., t1IH<GLt'\t<Y 8t::--:; I ~~2~-,.-, BURGL,Al( Y \-JTHt- f. 2,TPUCi \/1-([-.' h: lKl~l.J\kt HI-:.',ll :~1'-~" Cd1'ii) NH j t<C~' ,"":1'TY ~;J,'~;I!U\~.L'r: ('klr-.~i-, r)A~~'I\Gb t~l) V;'>.:~~)ALU~~;; C.:\. ARSr.;:~ '.....URr r.'.IJ C1 ~~i'(,;lY lit-. i';,;;': CC:::-;TlluY i'-lEIJ'l.;),l ('USTO~JY PRuTrf' L TVE [l] SGH;J}J'(:}- CC':Ji.' '-1\:('1 ;ME~~T/\ '1' I ()!~ i~RINKINi.~ I~T f'U.HI It' DRIVP,;,--:: I'~;--)rf,' INi-'l'lFNi..'F; Di-<;'I; l.AW VrO:,A-~ l\'~J.-; [;:oJ~-;/REVnKr;ll r.lI::, :-:Mi'A.~;-'j,' ;"'LCDE .... \0 EMBF1./ L:.:;....FN T E:-::CArL::: Fr. C:'>-i Y -:"!:k (" ::; 7( ~;Y FXTORT luN/BLAri{l\1A I 1. FAIl. 'I'l' [IT:-.Pli,\Y 'll'1:,RAT\J:'~; LIC::N;;E FAMILY OClIFK FORCIBLE RAP[c FGhGF7<Y /rl-lIJN'i'FJ~l' r"l '1':1;("; k"h,Al;l) ACCOUN r CL:,:JSEU l~HECi\. rFAtT; HY UECt..VrION/FAI,Sh Pk.hTE'N:-:;E~ FRAUD CRElJl'1 C"xU/AUTOMATIC TELLER ~lACHINE FRAU[) IMPERSUNATION FkAU~ ~JuT SUic'FICIENT FlTNn~~ CHEl~K FRAt,;) or SERV j('j,:s/ FALSE PRETENSES FUG I T 1 V E ARREST FOR ANOTHER AGENCY FURNISHING GAIWAGE LITTER It:G HrT iu\!D i-<.UN FELOt~Y HIT AND RUN MISDEMEANOR INTIMIDATIotJ /OTHER CRIMINAL THREAT KIDNAP FOR ADDITIONAL CRIMINAL PlJRPOSE KIDNAP HI JACK,TERRORIST LICENSING ORDINANCES MINOR IN POSSESSION MISCELLANEOUS MOTOR VEHICLE THEF',' OTHER pROPERTY FuUNi! LeST ~1I SLAID PROPr:RTY RECOVER FOR OTHER AGENCY PROSTITUTION E.NGAGE IN PU8LIC HEALTH AND "AFETY ORDINANCES RECKLESS DRIVING ,r;~'-l Fi:,h :vtAP APR MAY 2 12 12 12 1'; 10 1 1 l 2 .j 2 0 I 10 " 2 6 ] 1 ] 0 .j 0 3 i 6 26 27 ]2 ] 3 1 0 3 ] 1 1 ] 0 J 0 1 7 5 0 ] 0 .j ] 0 12 11 17 7 6 2 j 7(! 19 j I 14 7 ,] J 0 0 1 0 0 0 0 () 1 0 0 1 0 0 0 0 0 4 8 h 1 2 0 1 U 0 0 0 0 0 6 .j " 6 10 0 0 0 1 0 0 0 0 3 2 0 u 0 J 0 0 2 0 2 0 0 0 0 0 0 27 44 35 38 25 2 0 'i 0 0 2 0 1 0 3 0 0 0 1 8 6 ] 0 8 15 1 0 1 0 1 0 0 1 0 1 0 0 0 1 0 2 2 1 0 3 3 1 '> 0 2 33 11 5 8 11 7 14 12 5 3 16 12 8 9 12 23 22 21 17 11 0 1 1 0 0 0 0 0 0 1 0 17 1" 10 12 1 2 3 2 2 TOTAL H n 06 8 11 31 20 111 8 I ;: 21 3 I 5 J 9 I 2 I 1 1 2 1 21 I 1 3 J ! '> J 1 1 169 7 6 3 47 1 2 1 8 11 70 41 57 96 2 53 10 \.' ,,'l! : J!, I \ t' h/'-: i/.J ,_ ,', , \,' ',:'" "H Y ,', T~:INAl nFFFJ\"Fc F(lH .T~,NI1A~Y THRlJ MAY 200/ RESULTS FilR ALl. OFFENSES UAT,,:: ! ~;-.' ~ I";" I # lJA'i-t: I: ,. , .' 'l \ ~..; i ; \ IFi'j-<, -., iJAI r- "lIAI" ~" ll' I'll ,;AN r !c.B :-11\R Alk :,lAY t.:URr.;, ',;',"1' jlU.'>l!'.r .;~ 0 U 0 0 ROBl3E.,Y Hl(;H,~AY 0 [1 1 () h08l~Er<Y "'[I1I-,R 3 J ] 0 1 R~J1'JAW}\'I' 4 1 1 f, ,~FX (~R 1 :vi:'. l~( J:; fR I HUTr: iU fit'_^ LiET, INVr r1-,;\>I~Y ] 0 (I 0 0 ~E^ '--.;j<l:",t, i',Xl ,-,.>.tJP () n (I 1 1 'sr:X ('kl r--1L hliu,'lBLE :-;U:-iU;v'l'{' n 1 (I n 0 'lEX Ch' I ~<!', M:JLE~)r (PHYSIC'AI 1 2 SEX rRlr>lr: NC.\:.J FGr.:.CE RAPE (: 0 ~;F!'. ('to: l ~oiji:'; [<,..co '--a<API-:I:Y /uH:-,1 'FiH ~:J\Tt".k 1.'\1 1 STALK}:,}'.' 1 0 0 ST(J;JFN [l-:Cl'ERT') !~EI 'I--: I VINe-;, 3UY INI.;, l'O:::,;'---;E:--iS 1 Nt; 0 " 2 ,lU1CID,': (: 0 0 THEFT uI( '"(CU'. a 1 THFn H~JILDlt~(_~ 4 THFFT COIN 0;' r.'Ui.('HINF: ] u c' a 0 THFFT j'kOM MOT"f, VFHIrIE 2] 34 27 13 17 J:Hf::i- T ro!o T(l f.:' Vt",Ull_'j,E PAF:T~:/ )'1.< ,'FL;:- ;,i:dE,':; B ~ If r; 6 TUFF i I JUrER 12 14 21 11 iHEFT ['URSF, sr~XI\,-'ll [) 0 1 0 0 fHEF1 t;I-iuPi_LI ~ 1 J 6 9 9 [RAFt-' l( ":;;;-JINJ\!;~ l.'. [) ] 0 1 2 TRAFFIC v IOLATl(;:;--=- 11 20 26 12 9 TFlESPN ,C' 6 11 9 10 10 VANeJALIS'1 Jl 49 ]OJ 40 49 VEHICU. kECOVi',F.!: r'O~ OTHER A:.-;EN('Y 3 1 1 0 t.J )vARRANl AHREST FUn OUR AGENCY 0 1 0 0 2 0 WEAPUN CARRY C()NCEAI,~:D 2 2 1 0 1 WEAf'O~ hX 1-F-'j.otJ IN POSSE"SION 0 1 0 0 0 WEAPON OTHER 0 2 0 0 0 WEAPON POSSESS rU.EGAL 2 0 1 0 3 ZONING (J-iDjr-;ANC',E 0 1 5 4 TOTAL, 372 416 48G 328 340 -- ~ ~ 2007 TOTAL, 372 416 486 328 340 0 0 0 0 0 0 0 2006 TOTAL, 445 132 499 464 411 0 0 0 0 0 0 0 2005 TOTAL, 429 386 377 359 507 0 0 0 [) 0 0 0 PA',;E rL686u SCOTTRll TC!TAI. 1 1 G ..02 1 2 1 8 1 1 1 8 2 6 11 1 112 41 67 1 32 4 '/8 46 272 10 3 8 1 2 6 15 1942 1942 2251 2058 '\l,\ '11 ; t 1, ,t I" :-;j:\'i'r (' /.' j , 1 :. ~ ; ~ II ,i '-"11)\'. ',.f, :i' r\~~\~I,A',,'l'dt'j, A'. :;\1 All! ~RAVATf- i) r.'Uh.,,;. I' AJ\:1l\1Al. :'h.::TNAX t. AM.~-jC~ AS~^!J:.l ;l>:P!]-' ATTl:.MI'lt' ) MT;~T> 1:" bl'i.1lJ 1]1~ I.A I iJRIBFJ.<Y nLi;<l;l AkY B\'f..,--;:,AI~ i. i,;lt<C;r.A'b.Y j d,-, I...;. :-j,' ()TH:':- ~;'IX;T(' ~;:"!'. R r.~, r I ;l.:N~ . :ilIr,~ A~~AN~u~1 .~! CHIIlJNb;~t..C1 ('IT"; nr;DINA~";("i', L'Hl~I', rIA~;\Ui:, J'; I '.'Ai'~;JA[,I~;M '-'h /\.k:;l;:; '-"URFf',W r.UST\.J::JIA., I:n-r.;.."'",....H.:~'t ,r"'!~:,TC;;Y ;)1-.':\-);', M~.!\ Ud I-'j ;:-, rl~ i'i Ci.I:-:.l(~':-)y l'l'.OTE( Ii Vl- ;-JI;-;C:{~r.K ,Y CON1,"j I DU('U:';~;!; 11:..1" 1 (;N !i:.: IJ~Kl:;G I:: t- .:l_; t,,) .... DR IVI :;,; U:-JDr.K lr'!FL::~i;l-"L DR'u'G :,A~..' \JIn~ l\l'I;;N:--: UH;_Tl; PA:-<l-\PHERNAf'll\ DWSjRSV.....IKb:n FEU 'NY L;.IS/REVOKED M] SL;Ei~EAN'Jk ELl:0;"., EMI3EZZL~'M[-;l'~T ESCAPi'. .r K,)M y(;t;i-<' rt;,STODY EXTORTION/ALAeV",A] 1, FAI!. TO DISPLAY u?EKATORS LlCENSE FAMILY '.-;T:IEr< F(;;('IB!"~: :~APE FOKGFf(Y jO-;U~TERFJ:', I ':: ING FRAUD AL'l'OUN'i' l'i,U,::;t;[) l~HECK FRAUD lO, DEi'EVrrON/FALSE I'REiENSES FRAU!) c.~FIlIT CAkU/AUTOMATIC TELi,Ek FRAlJ:l ~ MPERSO~JA T I ON FRAU!! WJT SUFFiCIENT FUN!)S CHECK FRAUD 0," SERV I l '",S/ FALSE PRETENSE,; FkAU~) It/IRE FRAUD OTit...I< FUGITIVE ARkEST ,.'l'i< ANGTmR AGENCY FURNISHING GA."v1BLING GA~E~ GAMBL]NG OTHEK GARBAGE 1. rTTFR] N,; HIT lu'lD RUN FELO:;Y HI'!' AND kUN M]SDE~EANO" ILLEG"L AL]EN ]NS HOLD >~ I~. , ... , i\1; FI, liY I~ F I.' Ie~:"}: :'1 " ,1.'\.'lIJA"Y TllRll MAY )00'/ h'E:--;'i,l! ,TS Fl..)}.' ALl, ( 'HARGES ,TAN FER MAk APR t'JlY lr .1 0 ,) J) 2 [) 0 0 1;' 14 to ]] [) lJ 0 0 r 0 0 0 I) 0 I) ,) 0 1I 0 [I y 0 IJ 0 0 0 0 1 0 0 0 0 .J 0 6 0 2 0 'I 0 Il 0 0 0 ) 1 0 1 1 1 1 I) 0 6 15 7 0 0 0 0 7 0 0 12 ][ 18 6 7 2S 1 ~} 2" 21 28 0 0 0 [) 0 0 t1 0 0 0 5 7 4 4 4 0 ] 3 [ 0 0 0 C 0 0 0 1 1 0 0 0 0 0 0 0 5 ~ 7 1 2 0 0 0 0 0 1 0 0 0 0 6 1 3 3 8 0 0 0 0 0 0 0 0 " 0 Mj\CHINE 0 0 0 1 0 0 1 1 0 1 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 28 46 40 41 26 2 0 4 0 0 [) 0 0 0 0 0 0 0 0 0 3 0 1 0 3 0 0 0 0 1 1 0 2 2 5 0 0 ] 0 0 i'AGE PL6H'1U SCGTTPU l'liTA., 1 :2 'J S7 , 14 1--:; 1" 11 3" \) 7 :)4 111) <1 \) 2'1 o o 23 o 2: o 1 1 o 1 () o 181 6 o o 7 1 10 1 J r ' ,: j, ~'i J I 1 \ \ 1 ;l~';'!, . ;;.':-, ':;' ~: j / . 1- - h ,il ,I, ,'" ...il!.', t\FiH',:' BY IFFFN~~F f-'(lk' ,TAN:JARY THRTT MAY 2n()~1 [-{E.--;lI;,:'S FOI;: A~,r, ",'HARGES 1;1:;1-. PLGboO SCOTTR;J ";! t,:. ..'. . ,~;. ~ I j IN"i 1M! I Al :'l:!': i!i--.:~ \'[, 1~.~JtJl-d iHf,'i--'.l\? ,H;sr:t'l^:-~,F H(:M:('j;'r KEmAl' H,t{ ill IlI"i'I(J~JA= Cid!'o1L"lAL r':JI<p\J:;L KILJNAI' t'CI, l<j:"~I.-,C-.v: Klr~NAl ll~ ,lACK, r:.:,hJ.Cj,I[.~' Klj)~Jld: EC:;TASE!::.:ilIEj,!' \.,'...: ~E,\~\.;'}AT,/[IFIAY WrINESS :J1CFN;;I~1(, 1"t<i.llt~A..."';I'C~) r.lQ~:(lk j,ft,W ClTtlf.t-( Ll(onh Ll(,l,tJ~t~ '.'Hi A:'.c:-;:.. :v!TNClR IU licJssr> :,r(J~; MINCi}..: OU l'Rl:.MI:,:,,"'; MI S(,FT.T.^!'~Fl:U:-. M(JT(;j-< VfillCLL ,IH,!' i ::El~L 1 Gi'::-'; r ECM 1 (' 1 uI<' -I-i~ AF F 1 (' ~:t;Gl.IGENl MANSi.!\.1 :'';lU1'',R :;i-:~J CI? 1]\1 I :-IAL L')(:';-':l::'JT I (" :) I S1'l lK dA..II\('E OTIIER ~ ~ j'F~)PF.f;TY fi':'~~:J ....I ~r;:i.t\-:-n PKOPFr,J Y hE(YIVI'.f..: hiR o i'l--l E I,' At; -:!\:I~Y 1.'RO:-.;TITlri IO~'; ~-\-'YJt'~L PRO:;TITlTrIC~I i,~;l;"\GE;N f'l....CSTITUr Il.lN l-'j.,'()~~OTS L-:'~)Ll( IH'.Al IH f-i.';.J :-A'r'j=.,. Y uF.:-'r:'JA::(~F~, RE('Kl.ES~ DRIVII~,_J Rr:DHEi, Y f',r..Nr, ROBBERY Dl!S1Nr:;~~_; ROBBERY ('AF Jl\J'KI~;l; ROBBEr,y CON V . ,;i\iRE ROABE:RY II IGIIWA Y ROIlDEr,y GTHE,lo: RCBBf-:RY RES I[JENCF ROBRERY SEkV!CS STATIO~ RUNAWAY SeX CR 1M," SEX CRIM~ SEX ('RIME ~EX C"RIM:'. SIoX CRIM,~ SIoX Cl!IMi'. SEX CRIMe: SEX CRIM?~ SEX CRIM:~ SEX CRI;.,E SEX CRl;V!~: STALKER STOLEN PKOPERTY SUICIDE ','HEFT 'l'IIEF', THEF':' THEFT THEFT r0NTJ-..:IbUTE TO tEX [;ELINQUE1:CY EXP'-,SER FOkl'IIlLE ~ODOMY INCES'l Mor,E;;T (PHYSICAL) NON FORCE SODOMY !'-;\IN FOHCE RAPE 08SCENE PHONE CALL OTHtcR PORNOGRAPHY jOBSCENE ~lATER TAL SEXUAL ASSAULT WEH AN OBJECT RECEIVING,BUYING, POSSESSING BICYCLE RU T 1,0 I f\'(~ COIN Of' MACHINE FROM MO~OR VEHICLE MOTOR VEHICLE PARTS/ AC:CESSORIEtc JAN 12 o () o o o 7 o o o o o o o I I o o o o 1 o o o o o o o I o I o o 1 o n:H 14 n MAR APR MAY 1 2 I) 0 0 0 0 0 1 0 0 0 0 0 J I) 0 , I) 0 0 ] 0 0 I) 0 0 I) I) 10 13 0 u I) 0 0 0 0 2 0 0 0 0 2 3 IJ 0 I) I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n 0 2 2 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 1 0 0 0 0 0 0 0 0 0 6 0 0 :1 I) Jl U I) o () " 8 (] o () () o o 4 o I) o II o 1 o o o o o o o o o o o o o o o o o o o o I o TOTA! 11 4,) o o 4 ,) J ~ S7 ,'\ J o 1\ o 1 ,) 1 o o o o o o o 6 o :z 2 o B o ~~ l " ~JL ., J II ,'( i :l'Iit jlATl" , , " : 1'1: , " . , 11' ;11 ('HA!,(;j, [);,,--:!..'H:i-1'1 i("~ [111',."1 I 1 ti i' ~, r:llEFT l'ICKI',-.r'f\i",T iH!-:r-'j l'lJj:i~~l' :,NAT~'jl rHEF r ~,:Hu~i. ~;, '[ TRAI-FI( ik"INj\!'\~~i"- TRl\FFIC VlnLATil;~.~.~l UU:..,':::, r'A~ ~) V A.."Z;-,' A i:. I ~ ",I VErIIer t. ; !. "l.,1/Fl" I t'( 'l~ unll"h A.~FN'."y WARRA,'lT ARREST I'C~ OUR AI)U1CY WEAi'ON (';..kl<Y" ~:W 1'.ALr.1J Wl::.;^h;~ EX FEi (J.:.J r N P(,.sSE~;:--;: '~)N WFA['C'N 01 HEr.:. Wl::Ai'l !!I FCISSF->'':.. Ii LJ::G"'\L WEAi- \.):~ ::,Ji(1(J r U~, j 1 N .:. j<\ 1l! I H 1 i'1<,I-) Al-d',A ~";ILI FU~ j,:llRDEk ZC~ING r,KDINA.}h~E lV CI) PAGi. PL68~l; SCOTTlW i!T Y ARi-)FS': ,; AY llFFFN'~F F\)R ,TANUAFY THRll MAY 200"' Pt<:~Tj: T:--, hlR AI I CHAR~;r:S 2(;( 7 TlJTAI.' )()(6 TOTAr.' 2 (l 0 l-., rOT AL : ,IAN 1 'Jl L 1, 129 FEB MAR APR IOTA), MAY 11 o o l3 169 49 1u o 211 L18 149 o o o 110 J 1229 897 .2~U 322 144 PLANNING PROJECT TRACKING SHEET Revised: Thursday, July 05,2007 PrOject ."'pplicant DR 2007.00. Axis Deslgll Group A&E LLC EXCP 2CiC,'/ 05 ~;con Russeil Police Ch,e! FPUD 200/. Blue Sky 01 ,PUO 2005. F'lannlng I r,c 01, VAK 2006 01 SUB 2002. 02 LA 200/01 (,Ity of Woodburn LA 2007 02 1..;) ~ City of Woodburn VAR 2007.02 Jill R. Long/Fleetwoo d Homes Page 1 of 1 Descriplion SlteLocalion Upgrade to facility and bUild a vestibule Additional slgnage to site 3001 W Newberg Hwy New Access Entry from Park Avenue 1060 Mt Hood Ave Final Plat Approval Evergreen Meadows Status Received <,:.$~<","i,..-fd),'*^:,,; Date Received 06/19/2007 ~,: ~ ~.t-:, ' A~~. \,cSf~.\." 'i.~~~'~~\": .' . >'.. '. . ;, 'vfr~ll\ii..;"~_:lli'ir""';"'tllii'li-,,,,'(.i_"''-j~''i#'<.'-lli~l:toi:;". ~\;."'N",.;;;"",",~,;,,(,,-i., Deemed Complete 120 Day Planner Date Don Dolenc Approved.Appeal OS/23/2007 OS/23/2007 09/20/2007 Jim Allen Penod Received Legislative Amendment. Approved.Appeal WOO Update Period City ot Woodburn Legislative Amendment Penod Review Remand City of Woodburn Addition to industrial sales component to eXisting manufactunng facility. 2655 Progress Way Received Received ,+.j".iti ,.'.'" ':;,.i.!~;"'1,:'f.-'; 06/07/2007 Jim Allen Jim Allen Jim Allen Don Dolenc Referrals F aeilities Meeting Mail Notice for PC 06/08/2007 05/04/2007 Notice to Paper Post Property Stf Rpt Due PC Hearing PC Final Admin Dee Order Appeal Deadline 06/14/2007 06/07/2007 06/28/2007 06/28/2007 07/10/2001 OS/24/2007 OS/24/2007 co t=' PLANNING PROJECTS (lNCOMP~ETE I J101l.0) Revised: Thursday, July 05,2007 PrOlect DR 2006-11VAR ~'006.17 DR 2007 111 DR 2110Y.r.r2 uR 2001.05VAR Olin vAR 07-(J4 ell 07.01 PUD 200601ZC 2006-01, cu 2006- 04. epc 2007.01 t-J en Page 1 of 1 ~<'O-~..j:;l4.u "~~',,'~""~~~@1... "I Applicant SiteLocatlon Welkin Engineenng 1037 Lincoln St The Frazier Group 985 Lawson St Kerr Contractor 395 Shenandoah Ln Butch Pnce/Bend 011 (Stop 100 Arney Rd N Go) ",.:~,.;' Description 8 unit Multi-family Development on Vacant Parcel Fa~ade improvements to the eXisting Taco Beil stnJcture SOX 125 Steel Building Remove existing 2311 sf gas station canopy and replace with new 1520 sf canopy. Soones Crossing, LLC - Mike Hanks Parcels 1, 2 & 3 of Partition Modifications to Boones Crossing PUD Plat 2006-55 Status: Date Received Hold by Applicant 10/1212006 Hold by Applicant 02/20/2007 Incomplete 03/22/2007 Incomplete 06113/2007 Incomplete 10/31/2006 ,::,;,.,~...,'~;~~~~"""k';, Planner Breah Pike-Salas Jim Allen Jim Allen Jim Allen Jim Allen ...-' . \~~;.k:,.;_\tJ 8E CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: July 2,2007 To: Jim Allen, Community Development Director From: Building Division Subject: Building Activity for June 2007 2005 2006 2007 No. Dollar No. Dollar No. Dollar Amount Amount Amount New Residence Value 4 $821,899 15 $3,190,413 6 $1,244,612 Multi Family 0 $0 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds & Alts 4 $60,980 6 $77,197 6 $27,957 Industrial 0 $0 0 $0 0 $0 Commercial Value 12 $653,830 15 $702,630 28 $958,838 I Signs, Fences, Driveways 4 $22,756 0 $0 0 $0 Manufactured Homes 1 $4,700 1 $30,000 3 $65,000 TOTALS 25 $1,564,165 37 $4,000,240 43 $2,296,407 Fiscal Year (July 1- June $27,514,966 $41,631,013 $40,379,419 30) to Date ,~'''-' ; ;.. -, ,-t' "~~ :., ~ tj _ '~'~.J A.::,. ", t: '~i;Ad-_>'::': 8'J9 .;,'I,'..ly ',1....... '26"""" J,~I .; ~=C7 ,j,~c ~.~ /.f.-.",,~~.w::~\ . .J;., . ~:.MWIr WOODB'U~N I,. C J r" " r oj I t oJ f lJ ~ '1 11A ~~ . . July 9, 2007 SUBJECT: Honorable Mayor and City Council through City Administrator G. S. Tiwari. Public Works Director ~ ~ /~ Randy Rohman. Public Works Program Manager ~L Clean Water State Revolving Fund Loan Agreement No. R98414 With The State Of Oregon TO: VIA: FROM: RECOMMENDATION: Approve the attached resolution entering into a Clean Water State Revolving Fund Loan Agreement with the State of Oregon to accomplish wastewater facilities planning. BACKGROUND: The City of Woodburn renewed its National Pollutant Discharge Elimination System (NPDES) permit on December 28, 2004. In response to settlement of a third party Department of Environmental Quality (DEQ) lawsuit the renewed permit contained a compliance schedule for complying with an interim temperature standard for the wastewater treatment plants treated effluent discharge into the Pudding River. At the June 11, 2007 Council authorized entering into a Mutual Agreement and Order (MAO) with the Department of Environmental Quality. The MAO delayed compliance until DEQ completed the Molalla/Pudding basin TMDL. The City requested that the compliance schedule be extended and aligned with TMDL finalization, which will occur sometime in Winter 2007. The MAO contains a defined timeline for compliance with temperature and winter ammonia standards for the wastewater treatment plants treated effluent discharge into the Pudding River. It is necessary that design and construction of wastewater plant improvements to deal with the temperature and ammonia issues begin as soon as the facility plan is completed and approved. The Department of Environmental Quality through the Clean Water State Revolving Fund offers low interest loans for design and construction of wastewater treatment plant improvements. These loans are at very favorable interest rates and the 20-year time period for repayment begins after project Anenda Item Review: \;/-{7 1..,'\ City Administrator/ l L City Attorney ,_~~ Financa.&n 27 Honorable Mayor and City Council July 9, 2007 Page 2 . . completion. The City applied for $4,093,175 to begin work on time sensitive temperature and ammonia improvements as soon as possible after finalized facility plan decisions are made. DISCUSSION: The Department of Environmental Quality has approved the City's application for a Clean Water State Revolving Fund Loan for $4,093,175 to accomplish wastewater facilities design and construction. The loan has reserve requirements similar to past loans with DEQ and there will need to be a segregated loan reserve account set up when repayment of the loan begins after project completion. The signed loan agreement does not bind the City to actually use and drawn down the awarded loan funds. If the City were to decide that loan funding was not required, DEQ would simply cancel the loans without obligation or prejudice. It is the City's intent at this time to utilize the loans but they are not binding and if the situation changes and loan funding is not required the City could request cancellation if no loan draw down has occurred. The design, construction and watershed enhancement project that this loan is designated for will be defined during the wastewater facility planning process that will begin in fall 2007. Due to the time constraints in the recently agreed to MAO, the City will need to begin the design of this project at or near the end of the facility planning process. Having the loan money available will allow flexibility to begin the process quickly when required planning data is available. The loan has an interest rate of 1.53% and a 20-year payback period. The first payment on the loan is due after project completion. Staff is recommending that Council approve the resolution entering into the Clean Water State Revolving Fund Loan Agreement. FINANCIAL IMPACT: No funds are currently budgeted but a project is included in the approved Capital Improvement Program. Funding will be budgeted next year as part of the FY 2008-2009 budget. 28 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO CLEAN WATER STATE REVOLVING FUND LOAN AGREEMENT NO. R98414 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT: WHEREAS, the City of Woodburn has determined that the City needs to accomplish wastewater collection, treatment and disposal upgrades and watershed enhancement projects in order to comply with the City's National Pollution Discharge Elimination System permit, and WHEREAS, the State of Oregon acting by and through its Department of Environmental Quality is authorized to enter into Clean Water State Revolving Fund loan agreements and disburse funds pursuant to OAR 340-054-0065(2), and WHEREAS, the City has applied for wastewater collection, treatment and disposal upgrade and watershed enhancement project assistance in order to comply with the City's National Pollution Discharge Elimination System permit, and WHEREAS, the State of Oregon, Department of Environmental Quality, has reviewed the city's application and determined that the wastewater collection, treatment and disposal upgrades and watershed enhancement projects are feasible and merit funding, and WHEREAS, the State of Oregon, Department of Environmental Quality, requires a loan reserve of 100% times one-half of the average annual debt service based on the final repayment schedule and that the City shall create a segregated loan reserve account that shall be held in trust for the benefit of the Department of Environmental Quality, and WHEREAS, the State of Oregon acting by and through its Department of Environmental Quality, is willing to provide a loan of $4,093,175 to the City of Woodburn to be used for the City's wastewater collection, treatment and disposal upgrade and watershed enhancement project, NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOllOWS: Section 1. That the City of Woodburn enter into Clean Water State Revolving Fund Loan Agreement No. R98414 which is affixed as Attachment "A", and by this reference incorporated herein, with the State of Oregon acting by and through its Department of Environmental Quality, for a loan of $4,093,175 to be used for the City's wastewater collection, treatment and disposal upgrade and watershed enhancement project. :?,lJ.\'~ ::. ::OG:-JCJ:L BILL NO. KESOLUTION ;:10. 29 Section 2. That the City Administrator of the City of Woodburn is authorized to sign Clean Water State Revolving Fund Loan Agreement No. R98414 on behalf of the City. Section 3. That the City authorizes the establishment of a Loan Reserve that equals100% times one-half of the average annual debt service based on the final repayment schedule and the creation of a segregated loan reserve account that shall be held in trust for the benefit of the Department of Environmental Quality. Section 4. That the City Attorney is hereby authorized and directed to render an opinion letter related to the Clean Water State Revolving Fund Loan Agreement No. R98414 in the form prescribed by the State of Oregon Department of Environmental Quality. City Attorney ~l)/Z~D1- te Approved as to form: J},n~ 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 i?.J.se :2- \.:omJCIL B ILL NO. RESOLUTION NO. 30 CLEAN WATER STATE REVOLVING FUND LOAN AGREEMENT No. R98414 BETWEEN THE ST ATE OF OREGON ACTING BY AND THROUGH ITS DEPARTMENT OF ENVIRONMENTAL QUALITY AND CITY OF WOODBURN 31 OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 2 TABLE OF CONTENTS ARTICLE 1: THE LOAN - SPECIFIC TERi\oIS....................................................................................3 ARTICLE 2: G EN E RAL LOAN PROVISIONS ............. ...................... ...................................................4 ARTICLE 3: GENERAL REPRESENTATIONS, WARRANTIES AND COVENANTS ................................7 ARTICLE 4: CON DITIONS TO LOAN .......... ...................................................................... ................8 f\RTICLE 5: COVENANTS OF BORROW ER ....................................................................................10 ARTICLE 6: REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS RELATING TO C ONSTRU CTION PROJECTS ON L Y ........ ......... ...........................................................14 ARTICLE 7: DISCLAIMERS BY DEQ; LIMITATIONS ON DEQ's LIABILITY ................................17 ARTICLE 8: DEFAULT AND REMEDIES ..........................................................................................18 ARTICLE 9: DEFIN ITIONS... ............................ ..............................................................................19 ARTICLE 10: Mise ELLAN EO US .... ...... ...... ... ..... I... ..... ............. ..... ...... ........ ... ....... ..... .... .... ..... ... ...... ..... ...... ...21 ApPENDIX A: REP A Yl\IENT SCHEDULE .........................................................................................25 ApPENDIX B: ESTIMATED CWSRF LOAN DISBURSEMENT SCHEDULE .....................................26 ApPENDIX C: MBEIWBE AFFIRMATIVE STEPS.........................................................................27 ApPENDIX D: ApPLICABLE FEDERAL AUTHORITIES AND LAWS ("CROSS-CUTTERS") ............28 Crt 'I \ 11- WI )UDBl.R'l: 1{984 14 (jE:--"~7l)14 Ix)(.'\()l)/27'()6) 32 Lo,,;-.< AtiREI:vtENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 3 THIS LOAN AGREEMENT is made and entered into as of the date it is fully executed by both parties (and in the case of the State, approved by the Attorney General's Office, if required) and is by and between the State of Oregon, acting by and through its Department of Environmental Quality ("DEQ"), and the Borrower (as defined below). Unless the context requires otherwise, capitalized terms not defined below shall have the meanings assigned to them by ARTICLE 9 of this Loan Agreement. The reference number for the Loan made pursuant to this Loan Agreement is Loan No. R98414. DEQ agrees to make, and Borrower agrees to accept, the Loan on the terms and subject to the conditions set forth below. ARTICLE I: THE LOAN - SPECIFIC TERMS DEQ agrees to make the Loan on the following terms and conditions: (A) BORROWER: City of Woodburn. (8) BORROWER'S ADDRESS: City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Fax 503-982-5242 (C) LOAN AMOUNT: $4,093,175. (0) TYPE AND PURPOSE OF LOAN. The Loan is a "Revenue Secured Loan" made by DEQ pursuant to OAR Section 340-054-0065(2) for the purpose of financing the Project. The Loan is also a "Sponsorship Option" loan, made pursuant to OAR Section 340-054-0024(3). (E) PROJl<:CI" TITLE: and a water resource activity. Wastewater Collection, Treatment and Disposal Upgrades, (F) DESCRIP'f10N OF THE PROJECT: Upgrades to the wastewater collection, treatment and disposal systems, as well as watershed enhancement projects per the Borrower's application #98411-07. (G) I;'IiTERE:ST RATE: One and 53/100 percent (1.53%) per annum. Calculation of interest is also discussed in ARTICLE 2(E) and in ARTICLE 2(F)(4) of this Agreement. (H) REP.\ Y'lE~'r PERIOD: Twenty (20) years atter the Completion Date. (I) TER'IS OF REPA Y"E~T: An interest-only payment within six months after the Proj~ct Completion Date and thereafter semi-annual payments of principal and interest in ,H.:cordance ~ith Appendix ,\ and ARTICLE 2(t) of this Agreement. (J) PLEDGE:: (he BOITO\\oer hereby grants to DEQ a security interest in and irrevocably pledges its ).;ct Operating Revenues to pay the amounts due under this Loan ,\greement. lhe ~ct Operating Revenues so pledged and hereafter received by the Borrower CI1Y (11- \VL'(JllBLR:--": R98414 GE;-"'i\7l)] 4. DOt lOl)/27;06) 33 L\ )A~ AtiRl:E:>'IE:-':\' OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND shall immediately be subject to. the lien af such pledge withaut physical delivery ar further act, and the lien af the pledge shall be superiar to. all ather claims and liens whatsaever, to the fullest extent permitted by ORS 288.594. The Barrawer represents and warrants that the pledge 0.1' Net Operating Revenues hereby made by the Barrawer complies with, and shall be valid and binding fram the date afthis Agreement pursuant to., ORS 288.594. The Barrawer cavenants with DEQ and any assignee af this Agreement that except as atherwise expressly pravided herein, the Barrawer shall not issue any ather obligatians which have a pledge or lien an the Net Operating Revenues superior to. or an a parity with the pledge herein granted withaut the written pennission af DEQ. This Loan is a parity abligatian with all ather CWSRF laans between DEQ and the Barrawer; provided, hawever, that this provisian shall not affect the priarity that priar CWSRF loans are entitled to. in relatian to. any laans between Barrawer and any third parties. This Laan is subardinate to. the fallawing laans from the Oregan Ecanamic and Cammunity Develapment Department: Loan #B91202, with a 6/30/2005 balance af $346,578; Laan #098002, with a 6/3012005 balance 01'$393,010. PAGE 4 (K) A'INUAL FEE: An annual fee af 0.5% af the Outstanding Laan Amount (as detennined priar to. the posting af the payment due an that date) is due during the Repayment Periad cammencing with the secand payment date hereunder and annually thereafter. ARTICLE 2: GENERAL LOAN PROVISIONS (A) AGREEMENT OF DEQ TO LOAN. DEQ agrees to. laan the Barrawer an amaunt nat to. exceed the Laan Amaunt, subject to. the tenns and canditians af this Laan Agreement, but salely fram funds available to. DEQ in the Water Pallution Contral Revalving Fund far its Clean Water State Revalving Fund pragram. This Laan Agreement is given as evidence af a Laan to. the Barrawer made by DEQ pursuant to ORS Chapters 190, 287, 288, and 468, and OAR Chapter 340, all as amended tram time to time, consistent with the express provisians hereaf. (B) AVAILABILITY OF FUNDS. DEQ's obligatian to. make the Laan described in this Agreement is subject to. the availability of funds in the Water Pallutian Cantrol Revalving Fund far its CWSRF program, and DEQ shall have no. liability to. the Barrawer ar any ather party if such funds are nat available or are nat available in amaunts sufficient to. fund the entire Laan described herein. Funds may not be available ahead af the estimated schedule af disbursements submitted by the Barrower, whieh is attached as Appendix B. This schedule may be revised from timc to time by the parties withaut the necessity af an amendment by replacing the then current Appendix B with an updated Appendix B which is datcd and signed by bath parties. (C) OISBL:RSDIENT OF LOAN PROCEEDS. (1) Proiect Accaunt(s). Laan proceeds (as and when disbursed by DEQ to the Borrower) shall be deposited in a Project aecaunt(s). The Borrower shall maintain Project account(s) as segregated account(s). Funds in the Project account(s) shall only he llsed to pay for Project costs, and all earnings on the Project account(s) shall he credited to the accollnt( s). ell'y 1)/' \VOODlll R",: R98414 (jE~ :";791 ~.[)()C t 09;27,(6) 34 L< )'\'-l A(jRH\lI::-..r OREGO~ DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FuND (2) Documentation of Expenditures. The Borrower shall provide DEQ with written evidence of materials and labor furnished to and performed upon the Project and such receipts for the payment of the same, releases, satisfactions and other signed statements and forms as DEQ may reasonably require. DEQ will disburse funds to pay Project costs only after the Borrower has provided documentation satisfactory to DEQ that such Project costs have been incurred and qualify for reimbursement hereunder. PAGE 5 (3) Adiustments and Corrections. DEQ may at any time review and audit requests for disbursement and make adjustments for, among other things, ineligible expenditures, mathematical errors, items not built or bought, unacceptable work and other discrepancies. Nothing in this Agreement requires DEQ to pay any amount for labor or materials unless DEQ is satisfied that the claim therefor is reasonable and that the Borrower actually expended and used such labor or materials in the Project. In addition, DEQ shall not be required to make any disbursement which would cause the total of all disbursements made hereunder (including the requested disbursement) to be greater than the total estimated cost of the work completed at the time of the disbursement, as determined by DEQ. (4) Contract Retainage Disbursement. DEQ will not disburse Loan proceeds to cover contractor retainage unless the Borrower is disbursing retainage to an escrow account and provides proof of the deposit, or until the Borrower provides proof that it paid retained funds to the contractor. (D) AGREEMENT OF BORROWER TO REPAY. The Borrower agrees to repay all amounts owed on this Loan as described in ARTICLE 1(1) and ARTICLE 2(F) in U.S. Dollars in immediately available funds at the place listed for DEQ in ARTICLE 10(A). In any case, the Borrower agrees to repay all amounts owed on this Loan within the Repayment Period. (E) INTEREST. Interest will accrue at the rate specified in ARTICLE leG) from the date that a disbursement hereunder is mailed or delivered to the Borrower or deposited into an account of the Borrower. Interest will accrue using a 365/366 day year and actual days elapsed until the Final Loan Amount is determined and the final repayment schedule is prepared and thereafter on a 360-day year basis and actual days elapsed. (F) LOAN REPAYMENT. (l) Preliminary Repayment Schedule~ Interim Pa'lments. The attached Appendix A is a preliminary repayment schedule based on the estimated date of the tirst disbursement hereunder and Loan Amount. Until the final repayment schedule is effective, the Borrower shall make the payments set forth in the preliminary repayment schedule. (2) Final Repayment Schedule. After the Borrower has submitted its final n.:quest tor Loan proceeds and DEQ has made all required disbursements hereunder, DEQ \\ ill i..kkrmine the final Loan, \mnunt and pn;pare a linal payment schedule that provides for le\l;;\ semi-annual installment payments of principal and interest (commencing on the next semi-annual payment date), each in an amount sufticient to pay acemed interest to the dale of payment and to pay so much of the principal balam:e as to fully amortize the then Outstanding Loan Amount over the remaining Repayment Period. This tinal repaymt.:nt (11'r (01 \VI)ODLlIR0i: R98414 (iF~" 79l.tI)()C (09/27.()6) 35 LOA;-" A(jRH:v1E;-'" r OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 6 schedule, when signed and dated by the parties, will replace the preliminary payment schedule as Attachment A without the necessity of an amendment to this Agreement. (3) Crediting of Scheduled Payments. A scheduled payment received before the scheduled repayment date will be applied to interest and principal on the scheduled repayment date, rather than on the day such payment is received. Scheduled payments will be applied tirst to fees due, if any, and then to interest, according to the applicable repayment schedule, and then to principal. (4) Crediting of Unscheduled Payments. All unscheduled payments, including any prepayments and partial payments, will be applied tirst to fees due, if any, and then to accrued unpaid interest (which will be computed as otherwise provided in this Agreement, except that interest from the last payment date will be calculated using a 365/366 day year and actual days elapsed), and then to principal. In the case of a Loan prepayment that does not prepay all of the principal of the Loan, DEQ will determine, in its sole discretion, how it will apply such Loan prepayment to the Outstanding Loan Amount. After a partial payment, DEQ may, in its sole and absolute discretion, reamortize the Outstanding Loan Amount at the same interest rate for the same number of payments to decrease the Loan payment amount; provided, however, that nothing in this Agreement requires DEQ to accept any partial payment or to reamortize the Outstanding Loan Amount if it accepts a partial payment. (5) Final Payment. The Outstanding Loan Amount, all accrued and unpaid interest, and all unpaid fees and charges due hereunder are due and payable no later than twenty (20) years after the Completion Date. (G) PREPA YMENT. (1) Optional Prepayment. The Borrower may prepay any amount owed on this Loan without penalty on any business day upon 24 hours prior written notice. Any prepayment made hereunder will be applied in accordance with ARTICLE 2(F)(4). (2) Refinancing of Loan by the Borrower. If the Borrower refinances the portion of the Project financed by this Loan or obtains an additional grant or loan that is intended to tinance the portion of the Project tinanced by this Loan, it will prepay the portion of the Loan being rdinanced by the additional grant or loan. (3) Ineligible Uses of the Proiect. If the Borrower uses the Project for uses that are other than those described in ARTICLE I(F) ("ineligible uses"), the Borrower shall. upon demand by DEQ, prepay an amount equal to the Outstanding Loan Amount multiplied by the percentage (as determined by DEQ) of ineligible use of the Project. Such prepayment shall be applied against the most remotely maturing principal installmt:nts and shall not postpone the due date of any payment(s) hereunder. l'II'IJI. W(Xll)[jI.R:'-.: R98<l1-t liI-:NN791-l.IXX (09127/06) LOAN '\ljRI-FMENT 36 OREGOI\. DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 7 (H) LA'TE PAY~EN'T FEE. The Borrower agrees to pay immediately upon DEQ's demand a late fee equal to five percent (5%) of any payment (including any loan fee) that is not received by DEQ on or before the tenth (lOlh) calendar day after such payment is due hereunder. (I) TER~lINATlON OF LOAN AGREE~IENT. Upon performance by the Borrower of all of its obligations under this Loan Agreement, including payment in full of the Final Loan Amount, all accrued interest and all fees, charges and other amounts due hereunder, this Loan Agreement will terminate, and DEQ will release its interest in any collateral given as security under this Loan Agreement. ARTICLE 3: GENERAL REPRESENTATIONS, WARRANTIES AND COVENANTS (A) REPRESENTATIONS AND WARRANTIES OF THE BORROWER. The Borrower represents and warrants to DEQ that: (1) It is a duly formed and existing municipal corporation of the State of Oregon and has full corporate and other powers to enter into this Loan Agreement. (2) This Agreement has been duly authorized and executed and delivered by an authorized officer of the Borrower and constitutes the legal, valid and binding obligation of the Borrower enforceable in accordance with its terms. (3) All acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this Agreement have existed, have happened, and have been performed in due time, form and manner as required by law. (4) Neither the execution of this Loan Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with any of the terms and conditions of this Loan Agreement will violate any provision of law, or any order of any court or other agency of government, or any agreement or other instrument to which the Borrower is now a party or by which the Borrower or any of its properties or assets is bound. Nor will this Loan Agreement be in conflict with, result in a breach of, or constitute a default under, any such agreement or other instrument, or, except as provided hereunder l result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of the Borrower. (5) rhis Loan Agreement docs not create any unconstitutional indebtedness. The Loan ,\mount together with all of the Borrower's other obligations does not, and \vill not, \:xcecd any limits prescribed by the Constitution. any of the statutes of the State of On.:gon. the f3orrovvds charter, or any other authority, (6) rhe Project is a project \vhich the Borrov.er may undertake pursuant to Ori.:gon law and for v..hieh the Borrower is authorized by law to borrO\v money. L'II, 'I \V( ~)IJlil\{:--'<: RlJ84 14 (il',:--"~:91.t I)()C I09!2:, (6) Lo,\~ AtiRFFMEr.. r 37 OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND (7) The Borrower has full legal right and authority and all necessary licenses and permits required as of the date hereof to own, operate and maintain the Facility and the Project, other than licenses and permits relating to the Facility or the Project which the Borrower expects to and shall receive in the ordinary course of business, to carry on its activities relating thereto, to execute and deliver this Agreement, to undertake and complete the Project, and to carry out and consummate all transactions contemplated by this Agreement. PAGE 8 (8) The information contained herein which was provided by the Borrower is true and accurate in all respects, and there is no material adverse information relating to the Project or the Loan, known to the Borrower, that has not been disclosed in writing to DEQ. (9) No litigation exists or has been threatened that would cast doubt on the enforccability of the Borrower's obligations under this Loan Agreement. (10) The estimated Completion Date of the Project is October 31, 2010. (11) The estimated total Costs of the Project are $4,093,175. (12) The Borrower is in compliance with all laws, ordinances, and governmental rules and regulations to which it is subject, the failure to comply with which would materially adversely affect the ability of the Borrower to conduct its activities or undertake or complete the Project or the condition (financial or otherwise) of the Borrower or the Project. (8) CONTINUING REPRESENTATIONS OF THE BORROWER. The representations of the Borrow~r contained herein shall be true on the closing date for the Loan and at all times during the term of this Agreement. (C) REPRESENTATIONS AND WARRANTIES OF DEQ. DEQ represents and warrants that the Director has power under ORS Chaptcr 468 and OAR Chapter 340, Division 54, to enter into the transactions contemplated by this Loan Agreemcnt and to carry out DEQ's obligations thereunder and that the Director is authorized to execute and deliver this Loan Agreement and to make the Loan as contemplated hereby. ARTICLE 4: CONDITIONS TO LOAN (,\) CO'D1T10~S TO CLOSI.'iG. DEQ's obligations hereunder arc subje;:ct to the condition that on or prior to July 19, 2007, the Borrower will duly execute and deliver to DEQ the follo\\oing items, each in form and substance satisfactory to DEQ and its counsel: ( t) 13ornw,er; this ,\gn:ement duly executed and delivered by an authorized ofticer of the (2) a copy of the;: ordinance, order or resolution of the governing body of the Borro\'\'Cf authorizing the execution and delivery of this Agreement, certiticd by an authorized 0 nicer of the Borrower: L'II Y 'F \\o(){)lllH R"i: R98414 (jl,\I >-l79].l DOC (09!27, 06) LOAN A(iRH'N1ENT 38 OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAl'; WATER STATE REVOLVING FUND (3) an opinion of the legal counsel to the Borrower to the effect that: PAGE 9 (a) The Borrower has the power and authority to execute and deliver and perform its obligations under this Loan Agreement; (b) This Loan Agreement has been duly executed and acknowledged \\-here necessary by the Borrower's authorized representative(s), all required approvals have been obtained, and all other necessary actions have been taken, so that this Loan Agreement is valid, binding, and enforceable against the Borrower in accordance with its terms, except as such enforcement is affected by bankmptcy, insolvency, moratorium, or other laws atfecting creditors rights generally; (c) To such counsel's knowledge, this Loan Agreement does not violate any other agreement, statute, court order, or law to which the Borrower is a party or by which it or any of its property or assets is bound; and (d) The Net Operating Revenues used as security for the Loan will not constitute taxes that are limited by Section 11 b, Article XI of the Oregon Constitution; and (4) such other documents, certificates, opinions and information as DEQ or its counsel may reasonably require. (B) CONDITIONS TO DISBURSEMENTS. Notwithstanding anything in this Agreement to the contrary, DEQ shall have no obligation to make any disbursement to the Borrower under this Agreement unless: (1) No Event of Default and no event, omission or failure of a condition which would constitute an Ewnt of Default after notice or lapse of time or both has occurred and is continuing; (2) All of the Borrower's representations and warranties in this Agreement are true and correct on the date of disbursement with the same effect as if made on such date; and (3) The Borrower submits a disbursement request to DEQ that complies with the rcquirements of ARTlCLE 2(C); pro'. ided, however, DEQ shall be under no obligation to make any disbursement if: (1) DEQ, the SRF and CWSRF Program have not received sufficient funding, appropriations and other expenditure authorizations to allow DEQ, in the exercise of its reasonable administrative discretion, to make the disbursement and there arc insufticicnt moneys in the accounts or funds to be used to cover the disbursement, as determined by DFQ in the n.:asonabk exercise of its administrati\c discretion, to permit DEQ to make the disbursement; llr (2) there has becn a change in any applicable state or fcdcrallaw, statute, rule or n:gulatilln so that thc Projt.:ct is no longer digible for the Loan. elll (I. \\1'(llll3I.R~: RY841.l lil:~~791.l [xx'(0927;06) 39 LOAN AUREEMEl\T OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 10 ARTICLE 5: COVENANTS OF BORROWER (A) GENERAL COVENANTS OF THE BORROWER. Until the Loan is paid in full, the Borrower covenants with DEQ that: (1) The Borrower shall use the Loan funds only for payment or reimbursement of the Costs of the Project in accordance with this Loan Agreement. The Borrower acknowledges and agrees that the Costs of the Project do NOT include any Lobbying costs or expenses incurred by Borrower or any person on behalf of Borrower and that Borrower will not request payment or reimbursement for Lobbying costs and expenses. (2) If the Loan proceeds are insufficient to pay for the Costs of the Project in full, the Borrower shall pay from its own funds and without any right of reimbursement from DEQ all such Costs of the Project in excess of the Loan proceeds. (3) The Borrower is and will be the owner of the Facility and the Project and shall defend them against the claims and demands of all other persons at any time claiming the same or any interest therein. (4) The Borrower shall not sell, lease, transfer, or encumber or enter into any management agreement or special use agreement with respect to the Facility or any tinancial or fixed asset of the utility system that produces the Net Operating Revenues without DEQ's prior written approval, which approval may be withheld for any reason. Upon sale, transfer or encumbrance of the Facility or the Project, in whole or in part, to a private person or entity, this Loan shall be immediately due and payable in full. (5) Concurrent with the execution and delivery of this Loan Agreement, or as soon thereafter as practicable, the Borrower shall take all steps necessary to cause the Project to be completed in a timely manner in accordance with all applicable DEQ requirements. (6) The Borrower shall take no action that would adversely affect the eligibility of the Project as a CWSRF project or cause a violation of any Loan covenant in this Agreement. (7) The Borrower shall undertake the Project, request disbursements under this Loan Agreement, and use the Loan proceeds in full compliance with all applicable la\'"s and regulations of the State of Oregon, including but not limited to ORS Chapter -l68 and Oregon Administrative Rules Sections 340-054-0005 to 340-054-0065, as they may be amended from time to time, and all applicable federal authorities and la\'..s and n:gulations uf the Lniteu States, induding but not limited to Title VI of the Clean Wakr ,\ct as amended hy the Wakr Quality Act of 1987, Public Law 100-4, the federal cross- cutters lish:d at Appendix D (attached hereto and hy this reference made a part hereot) ,lOd regulations of the L .S. Em ironmental Protection Agency, all as they may be amended from time to time. Ur'! lH' W(XH)I~\'l{.\: R9841-+ (il:~1'\:914 lJoe (O9/27;1)6) LU,\N ,\(jREE~E:-"T 40 OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 11 (8) The Borrower shall keep the Facility in good repair and working order at all times and operate the Facility in an etlicient and economical manner. The Borrower shall provide the necessary resources for adequate operation, maintenance and replacement of the Project and retain sufficient personnel to operate the Facility. (9) Interest paid on this Loan Agreement is not excludable from gross income under Section 103(a) of the United States Internal Revenue Code of 1986, as amended (the "Code"). However, the DEQ may have funded this Loan with the proceeds of state bonds that bear interest that is excludable from gross income under the Section 103(a) of the Code. Section 141 of the Code requires that the state not allow the proceeds of the state bonds to be used by private entities (including the Federal government) in such a way that the state bonds would become "private activity bonds" as defined in Section 141 of the Code. To protect the state bonds the Borrower agrees that it shall not use the Loan proceeds or lease, transfer or otherwise permit the use of the Project by any private person or entity in any way that that would cause this Loan Agreement or the state bonds to be treated as "private activity bonds" under Section 141 ofthe Code and the regulations promulgated under that section of the Code. (B) DEBT SERVICE COVERAGE REQUIREMENT; WASTEWATER RATE COVENANT; REPORTING. (1) Debt Service Coverage Requirement. The Borrower shall maintain wastewater rates and charge fees in connection with the operation of the Facility that are adequate to generate Net Operating Revenues in each fiscal year sufficient to pay (i) all debt service (excluding debt service on the Loan), (ii) all other financial obligations imposed in connection with prior lien obligations of the Borrower, and (iii) an amount equal to the debt service coverage factor of 105% multiplied by the debt service payments due under this Loan Agreement in that fiscal year; provided, however, the amount required under (i) shall include any amounts requin:d by DEQ to provide coverage satisfactory to DEQ on prior lien obligations or new lien obligations the Borrower may incur that DEQ determines are inadequately secured or otherwise may adversely affect the ability of the Borrower to repay the Loan. (2) Wastewater Rate Adjustments. The Borrower shall review its wastewater rates and fees at least annually. If, in any fiscal year, the Borrower fails to collect fees sunicient to meet the debt service coverage requirement described in ARTICLE 5(8)( 1), the Borrower shall promptly adjust its wastewater rates and fees to assure future compliance \\ith such coverage n:quirement. The Borrower's adjustment of the wastewater rates and kes does not constitute a cure of any default by the Borrower of the debt service coverage t"ClJuircment set forth in ARTICLE 5(B)(1). The Borrower's failure to adjust rates shall not, J.t the discretion of DEQ, constitute a default if the Borrower transfers to the fund that holds the :\et Operating Revenues unencumbered resources in an amount equal to the revenue ddi~icncy to the Facility that prodw.:es the ~et Operating Revenues. (3) Reporting Requirement. By December 31 of each )ear the Bommer shall prO\ ide UH.) with a rep0l1 that demonstrates the Borrower's compliance v...ith the requirements of this ARTICLE 5(B). If the audit report described in ARTICLE 5(F) CII Y. 'I W. ,{JiJlllJ{:-": R9841.l (;1'",;-";<) 1.1 lAX' (1)<),27/06) 41 LOA:'; Aljl{l;I,~1l;]'o,T OREG01\l DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 12 identities the Net Operating Revenues and contains a calculation demonstrating whether the Borrower satisfied the requirements of this ARTICLE 5(B), that audit will satisfy the requirements of this ARTICLE 5(B)(3). (C) LOAN RESERVE REQUIREMENT; LOAN RESERVE ACCOUNT. (1) Loan Reserve Requirement. The Loan reserve requirement equals 100% times one-half of the average annual debt service based on the final repayment schedule. Until the Final Loan Amount is calculated, the Loan Reserve Requirement is $121,650. The Borrower shall deposit the Loan reserve requirement amount into the Loan Reserve Account no later than the date the first payment is due hereunder. (2) Loan Reserve Account. The Borrower shall create a segregated Loan Reserve Account that shall be held in trust for the benefit of DEQ. The Borrower hereby grants to DEQ a security interest in and irrevocably pledges the Loan Reserve Account to pay the amounts due under this Loan Agreement. The funds in Loan Reserve Account so pledged and hereafter received by the Borrower shall immediately be subject to the lien of such pledge without physical delivery or further act, and the lien of the pledge shall be superior to all other claims and liens whatsoever, to the fullest extent permitted by ORS 288.594. The Borrower represents and warrants that the pledge of the Loan Reserve Account hereby made by the Borrower complies with, and shall be valid and binding from the date of this Agreement pursuant to, ORS 288.594. The Borrower shall use the funds in the Loan Reserve Account solely to pay amounts due hereunder until the principal, interest, fees, and any other amounts due hereunder have been fully paid. (3) Additional Deposits. lfthe balance in the Loan Reserve Account falls below the Loan reserve requirement, the Borrower shall promptly deposit from the first Net Operating Revenues available after payment of the amounts due hereunder (unless the Borrower has previously made such deposit from other money of the Borrower) an amount sufficient to restore the balance up to the Loan reserve requirement. (D) Il'lsLRANCE. At its own expense, the Borrower shall, during the term of this Agreement, procure and maintain insurance coverage (including, but not limited to, hazard, flood and general liability insurance) adequate to protect DEQ's interest and in such amounts and against such risks as arc usually insurable in connection with similar projects and as is usually carried by entities operating similar facilities. The insurance shall be with an entity which is acceptable to DEQ. The Borrower shall provide evidence of such insurance to DEQ. Self insurance maintained pursuant to a recognized municipal program of self-insurance \....ill satisfy this requirement. (E) /.'VDE.'-!,V/F1CITIO,v. The Borrmver shall, to the extent permitted hy law and the Oregon Constitution. indemnitY, saw and hold the ,)'tate, its o/Jicers. agents and employees {/(Irll/less/f'om und Isuhjed 10 ORS Chapter 180) defend each of them against any and all claims. \IIits, tldions, lOSSes. damages. hahi/ities. cost and expenses l?f any natllre lvhatsoerer resulting /fmll tlrising out o!or r(!/ating to the ads or omissions o/the Borrower or its officers. employees, \ UhCOi/lrado/',\ or ugents in regLI}'(1 tv tllis Agreement or the Project. CI' \ ( il WI)\ ,DB! R:--': R98414 (Jf:;-"~791.~l)u"" (0912706) 42 Lo'\~ . \CiREF\1l:--' r OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGEl3 (F) THE REQLlREMENTS. BORROWER'S FINANCIAL RECORDS; FINANCIAL REPORTING (1) Financial Records. The Borrower shall keep proper and complete books of record and account and maintain all fiscal records related to this Agreement, the Project, and the Facility in accordance with generally accepted accounting principles, generally accepted government accounting standards, the requirements of the Governmental Accounting Standards Board, and state minimum standards for audits of municipal corporations. The Borrower must maintain separate Project accounts in accordance with generally accepted government accounting standards promulgated by the Governmental Accounting Standards Board. The Borrower will permit DEQ and the Oregon Secretary of State and their representatives to inspect its properties, and all work done, labor performed and materials furnished in and about the Project, and DEQ, the Oregon Secretary of State and the federal government and their duly authorized representatives shall have access to the Borrower's fiscal records and other books, documents, papers, plans and writings that are pertinent to this Agreement to perform examinations and audits and make excerpts and transcripts and take copies. (2) Record Retention Period. The Borrower shall retain and keep accessible files and records relating to the Project for at least three (3) years (or such longer period as may be required by applicable law) after Project completion as determined by DEQ and financial files and records until all amounts due under this Loan Agreement are fully repaid, or until the conclusion of any audit, controversy, or litigation arising out of or related to this Agreement, whichever date is later. (3) Audit. Federal enabling legislation and applicable regulations require an audit of each CWSRF Loan. The Borrower agrees to provide to DEQ the following which DEQ agrees to accept as adequate to meet this federal audit requirement. (a) As soon as possible, but in no event later than six (6) months following the Project Completion Date, a full and complete accounting of the Costs of the Project, including but not limited to documentation to support each cost clement and a summary of the Costs of the Project and the sources of funding; and (b) As soon as possible, but in no event later than nine (9) months after the end of each tiscal year, a copy the Borrower's annual audit report. (-t) Single Audit Act Requiremcnts. The CWSRF Program receives capitalization grants through the Catalog of Federal Domestic Assistance (CFDA) ~o. 66.458: Capitalization Grants for State Revolving Funds and is subject to the regulations of the Li.S. Environmental Protection Agency. The CWSRF Program is subjcct to the L.S. Ofticc of ylanagement and Budget Circular A-133, "Audits of States, Local CIovernmcnts, and :\on-Protit Organizations" implementing the Single Audit Act of 1996 ("Circular .\-133""). .\s a suh-n:cipient of a federal grant, the BorrO\ver is subject to C ircubr .\-133 to the extent that Loan proceeds include fcderal capitalization grant funds. [)LQ \\ill notify the BorrO\\oer of lhl.: sources of the Loan funds at the end of each tiscal )l.:af. and to the extent requin:d, the Borrow!.:r is responsihle for compliance \\oith the requirements of Circular A-133. ell '( I Ii. \\ ()' )nBI.R~: R98..H4 UE]\'i'.79 1 I DOC ((J<)/27 Ob) 43 LOAN A(jR1T\1I:NT OREGON DEPARTMENT OF ENVIRONMENTAL QUALlTY CLEAN WATER STATE REVOLVING FUND PAGE 14 (G) MBE, WBE AND SORA AFFIRMATIVE STEPS. Pursuant to the atlirmative steps described in Appendix C, the Borrower shall make a good faith effort to promote fair share awards to Minority Business Enterprises ("MBE"), Women's Business Enterprises ("WBE"), and Small Businesses in Rural Areas ("SBRA") on all contracts and subcontracts awarded as part of the Project. (H) PROJECT ASSLRANCES. Nothing in this Loan Agreement prohibits the Borrower from requiring more assurances, guarantees, indemnity or other contractual requirements from any party performing Project work. ARTICLE 6: REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS RELATING TO CONSTRUCTION PROJECTS ONLY (A) THE BORROWER'S REPRESENTATION AND WARRANTY REGARDING COSTS ALREADY INCURRED. (1) The Borrower represents and warrants to DEQ that, as of the date of this Loan Agreement, the Costs of the Project actually incurred by the Borrower for construction, do not exceed $ -0-. (2) The Borrower acknowledges that DEQ is relying upon the Borrower's representation regarding the amount of Costs of the Project incurred by the Borrower for construction prior to the date of this Loan Agreement as set forth in ARTICLE 6(A)(1) above to determine what portion of the Loan qualifies as a "refinancing" under the EPA's Clean Water State Revolving Fund regulations, 40 C.F.R. Part 35, that may be disbursed on a reimbursement basis. (B) CONDITION TO DISBLRSEMENTS. DEQ's obligation to make disbursements hereunder is further conditioned on the following: (1) The Borrower's plans, specifications and related documents for the Project shall be reviewed and approved by DEQ. (2) The Borrower has submitted documentation satisfactory to DEQ that the disbursement is for work that complies \\oith plans, specifications, change orders and addenda approved by DEQ. (3) lhe Borrower has submitted a copy of the awarded contract and bid documents (including a tabulation of all bids received) to DEQ for the portion of the Project costs that \\0 ill be funded \\lith the disbursement. (C) GE~ER,\L PROVISIO'liS. The Borrov,ier covenants with OEQ that: (1) C()(1stmction \lanual. Lnlcss stah:J othemise in this Agreement. the Bommer shall comply with the requirements set forth in the cum:nt version of the \ L1I1ual. D FQ \\ ill provide the Borrov..cr Vv ith a copy of the Manual upon request. Cli'r (IF W()()UBI R:\: R98414 (;I-:N~ 7914.lx IC (09/27. (6) 44 LOAN A(jRI''F~1L'''T OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND (2) Plans and Specifications. The Borrower shall obtain DEQ's review and approval of the Borrower's plans, specifications, and related documents for the Project prior to any disbursement of Loan proceeds hereunder. PAGElS (3) Change Orders. The Borrower shall submit all change orders to DEQ. The Borrower shall not use any Loan proceeds to pay for costs of any change order that DEQ has not approved in writing. This ARTICLE 6(C)(3) shall not prevent the Borrower from using funds other than Loan proceeds to pay for a change order before DEQ approves it, but the Borrower bears the risk that DEQ will not approve the change order. (4) inspections; Reports. The Borrower shall provide inspection reports during the construction of the Project as required by DEQ to ensure that the Project complies with approved plans and specifications. Qualified inspectors shall conduct these inspections under the direction of a registered civil, mechanical or electrical engineer, whichever is appropriate. DEQ or its representative(s) may enter property owned or controlled by the Borrower to conduct interim inspections and require progress reports sufficient to determine compliance with approved plans and specifications and with the Loan Agreement, as appropriate. (5) Asbestos and Other Hazardous Materials. The Borrower shall ensure that only persons trained and qualified for removal of asbestos or other Hazardous Materials will remove any asbestos or Hazardous Materials, respectively, which may be part of this Project. (6) Operation and Maintenance Manual. The Borrower shall submit to DEQ a draft Facility operation and maintenance manual before the Project is fifty percent (50%) complete. The Borrower shall submit to DEQ a final Facility operation and maintenance manual that meets DEQ's approval before the Project is ninety percent (90%) complete. (7) Proicct Performance Certification. The norrower shall submit to DEQ draft performance standards before the Project is fifty percent (50%) complete. The Borrower shall submit to DEQ final performance standards that meet DEQ's approval before the Project is ninety percent (90%) complete. The Borrower shall submit to DEQ the following done in accordance with the Manual: (i) no later than 10.5 months after the Initiation of Operation (as that term is defined in OAR 340-054-0010(26)), a performance evaluation report based on the approved performance standards; (ii) within one year after the Project's Initiation of Operation, Project performance ct:rtificatiun statement; and (iii) within two (2) months of submission of such Project performance certitication statement, a corrective action plan for any Project dciiciencies noted in said statement. (8) ,\lteration~u\fter rompletion. The BorrO\ver shall not materially alter the design or stnlctural character of the Project after completing the Project without DEQ's \Hi Hen appro\ al. (9) Project Initiation of Operations. (a) ['he Borw\\cr shall notify DEQ of the Initiation of Operation no more than thirty (30) days at1l::r the actual Project Compktion Date. LII'y (,\, \\U\)[llllR'i: R98414 (iE~N791-l.l)(l(" (01)/2706) LOAN A(dU:F~lFN I 45 OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 16 (b) If the Project is completed, or is completed except for minor items, and the Project is operable, but DEQ has not received a notice of Initiation of Operation from the Borrower, DEQ may assign an Initiation of Operation date. (10) Final Proiect Evaluation Report. One year following the Initiation of Operations, the Borrower shall submit to DEQ a Final Project Evaluation Report for the watershed enhancement projects, which shall include the following: (a) An overall description of the work accomplished. (b) An assessment of aquatic and terrestrial habitat improvements which may have resulted from the Project, including changes in species populations. (c) An assessment of water quality changes resulting from the Project. (d) An assessment of changes in basin run-off rates, Pudding River and Mill Creek storm induced now rates, and downstream flooding resulting from the Project. (e) A description of the contracts, agreements or other mechanisms put in place to assure ongoing maintenance of the improvements. (t) A discussion of the knowledge gained in conduct of the Project that would be important to incorporate in subsequent similar projects. (D) PROVISION ApPLICABLE TO CONTRACTS AND SUBCONTRACTS AWARDED FOR THE PROJECT (1) Davis-Bacon Requirements. The Project is not subject to the wage rate requirements of the Davis-Bacon Act, as amended, 40 U.S.C. ss276a to 276a-5 (1994). However, all contracts and subcontracts awarded as part of the Project shall comply with the requirements of the Prevailing Wage Ratesfor Public Works Projects in Oregon established under ORS 279C .800 through 279C.870 and OAR 839-025-0000 through 839-025-0540. (2) Retainage. The Borrowcr shall require a five percent (5%) retainage in all of its contracts relatcd to the Project for an amount greater than One Hundred Thousand Dollars ($100,000). ARTICLE 7: OISCLAI~lERS B\ DEQ; LIMITATION OF DEQ's LIABILITY (A.) OISCLAI:\lER OF A:'IiY \VARRA:"ITY. DEQ EXPRESSLY DISCLAIMS A~Y REPRESEXrATIO~ OR WARRANTY, EXPRESS OR IMPLIED, I~CLUDING BUT ~OT Ll\lITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTlCLL\R PLRPOSE, REGARDING TIlE PROJECT, TIlE QUALITY OF \fATERIALS :')l. PPLlED TO ,\~D TIIAT BECO\lE A P,\RT OF THE PROJECT, TIlE QUALITY OF TIlE \\()RK\L\~SHIP PERFOR\IED UPON THE PROJECT, OR TilE EXTE~r A~D STAGE OF CO\lPLETIO:\ OF TilE PROJECT. \io such warranty or guarante~ shall be implied by virtue of Jny inspcction or disourscmcnt made by DEQ. ,\11)' inspection Jone by the DEQ shall be t()r its sulc hendit. C11Y(11 Vvl){)[)13IRN: R98414 (iI1:--' ~7l) I.Lxx.' (()l),27i06) LOAN A,iRl-'E:\.tEN r 46 OREGON DEPARTMENT OF EN\ IRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 17 (8) DISCLAIMER OF LIABILITY OF DEQ. DEQ EXPRESSLY DISCLAIMS LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER FOR PAYMENT OF LABOR OR MATERIALS OR OTHERWISE IN CONNECTION WITH THE COMPLETION OF THE PROJECT OR CONTRACTS ENTERED INTO BY THE BORROWER WITH THIRD PARTIES FOR THE COMPLETION OF THE PROJECT. All Project costs ofIabor, materials and construction, including any indirect costs, shall be the responsibility of and shall be paid by the Borrower. (C) ~ONLlABILlTY OF STATE. (1) The State and its officers, agents and employees shall not be liable to the Borrower or to any other party for any death, injury, damage, or loss that may result to any person or property by or from any cause whatsoever, arising out of any defects in the plans, design drawings and specifications for the Project, any agreements or documents between the Borrower and third parties related to the Project or any activities related to the Project. DEQ shall not be responsible for verifying cost-effectiveness of the Project, doing cost comparisons or reviewing or monitoring compliance by the Borrower or any other party with state procurement laws and regulations. (2) The Borrower hereby expressly releases and discharges DEQ, its officers, agents and employees from all liabilities, obligations and claims arising out of the Project work or under the Loan, subject only to exceptions previously agreed upon in writing by the parties. (3) Any findings by DEQ concerning the Project and any inspections or analyses of the Project by DEQ are for determining eligibility for the Loan and disbursement of Loan proceeds only. Such findings do not constitute an endorsement of the feasibility of the Project or its components or an assurance of any kind for any other purpose. (4) Review and approval of Facilities plans, design drawings and specifications or other documcnts by or for DEQ does not relieve the Borrower of its responsibility to properly plan, design, build and effectively operate and maintain the Facility as required by law, regulations, permits and good management practices. ARTICLE 8: DEF.\LL T A'IlD RDIEDlES (A) En:~TS OF DEF.\LLT. The occurrence of one or more of the following events constitutes an h,ent of Dcfault, whether occurring voluntarily or involuntarily, by operation of law or pursuant to any order of any court or governmental agency: ( 1) rhe Bommer fails to make any Loan payment within thirty (30) days after the payment is scheduled to be made according to the repayment schedule; l': I Y (1I. WOOlllll R~: R98414 UI."'~7<)\ ~lX)C (()<)'27,Oo) LOA'" A(iRI..F\IL",r 47 OREGOl\i DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 18 (2) Any representation or warranty made by the Borrower hereunder was untrue in any material respect as of the date it was made; (3) The Borrower becomes insolvent or admits in writing an inability to pay its debts as they mature or applies for, consents to, or acquiesces in the appointment of a trustee or receiver for the Borrower or a substantial part of its property; or in the absence of such application, consent, or acquiescence, a trustee or receiver is appointed for the Borrower or a substantial part of its property and is not discharged within sixty (60) days; or any bankruptcy, reorganization, debt arrangement or moratorium or any dissolution or liquidation proceeding is instituted by or against the Borrower and, if instituted against the Borrower, is consented to or acquiesced in by the Borrower or is not dismissed within twenty (20) days; (4) As a result of any changes in the United States Constitution or the Oregon Constitution or as a result of any legislative, judicial, or administrative action, any part of this Loan Agreement becomes void, unenforceable or impossible to perform in accordance with the intent and purposes of the parties hereto or is declared unlawful; (5) The Borrower defaults in the performance or observance of any covenants or agreements contained in any loan documents between itself and any lender or lenders, and the default remains uncured upon the expiration of any cure period provided by said loan documents; or (6) The Borrower fails to cure non-compliance in any material respect with any other covenant, condition, or agreement of the Borrower hereunder, other than as set forth in (1) through (5) above within a period of thirty (30) days after DEQ provides notice of the noncompliance. (B) RE~IEDIES. If DEQ determines that an Event of Default has occurred, DEQ may, without further notice: (1) Declare the Outstanding Loan Amount plus any unpaid accrued interest, fees and any other amounts due hereunder immediately due and payable; (2) Cease making disbursement of Loan proceeds or make some disbursements of Loan proceeds and withhold or refuse to make other disbursements; (3) Appoint a receiver, at the Borrower's expense, to operate the facility that produces the pledged revenues and collect the Gross Revenues H) Set and collect utility rates and charges; (5) Pay. compromise or settle any liens on the Facility or the Project or pay \)thcr 'iLIl11S n:quin:d to he paid by the Borrower in connection \"ith the Project, at DEQ's discretion, using the Loan proceeds and such additional money as may be required. [f DEQ pays any encumbrance, lien, claim, or demand, it shall be subrogated, to the exknt of the amount of ~uch payment, to all the rights, powers, privileges, and remedies of the holder of C1IYtl!.I,VI)()l)lll RN: R9g414 <JE'."i7'J1-t D\X'(I)'J/27:06) LOAN A<iRrEvtEN r 48 OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 19 the encumbrance, lien, claim, or demand, as the case may be. Any such subrogation rights shall be additional cumulative security for the amounts due under this Loan Agreement; (6) Direct the State Treasurer to withhold any amounts otherwise due to the Borrower from the State of Oregon and, to the extent permitted by law, direct that such funds be applied to the amounts due DEQ under this Loan Agreement and be deposited into the SRF; (7) Pursue any other legal or equitable remedy it may have. ARTICLE 9: DEFINITIONS (A) "BORROWER" means the public agency (as defined in ORS 468.423(2)) shown as the "Borrower" in Article leA) of this Agreement. (B) "COMPLETION DATE" means the date on which the Project is completed. If the Project is a planning project, the Completion Date is the date on which DEQ accepts the planning project. If the Project is a design project, the Completion Date is the date on which the design project is ready for the contractor bid process. If the Project is a construction project, the Completion Date is the date on which the construction project is substantially complete and ready for Initiation of Operation. (C) "COSTS OF THE PROJECT" means expenditures approved by DEQ that are necessary to construct the Project in compliance with DEQ's requirements and may include but are not limited to the following items: (1) Cost of labor and materials and all costs the Borrower is required to pay under the terms of any contract for the design, acquisition, construction or installation of the Project; (2) Engineering fees tor the design and construction of the Project. (3) The costs of surety bonds and insurance of all kinds that may be required or necessary during the course of completion of the Project; (-I) The legal, tinancing ami auministrative costs of obtaining the Loan and completing the Project; and (5) Any other costs approved in writing by DEQ. (D) "C\VSRF PROGRA~I" or "C\VSRF" means the Clean Water State Revolving Funu Loan Program. a loan program administered by DEQ under ORS 468.423 to 468.440. (E) "llEQ" means the Oregon Department of Environmental Quality. (F) "I>IRECTOR" means the Director of DEQ or the Oin:ctor's authorizeu n:prcsentati \ e. ell Y (II \\ ()()DBIR~: R9S41-l tll':i'.",';''J I ,tDOC (09/27/06) 49 LOAN AliREEMl:NT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 20 (G) "FACILITY" means all property owned or used by the Borrower to provide wastewater collection, treatment and disposal services, of which the Project is a part. (H) "FINAL LOA~ AMOUl'lT" means the total of all Loan proceeds disbursed to the Borrower under the Loan Agreement, determined on the date on which the Borrower indicates that no further Loan funds will be requested, all eligible expenditures have been reimbursed from the Loan proceeds, or all Loan proceeds have been disbursed hereunder, whichever occurs first. (I) "GROSS REVEl'lUES" means all fees and charges resulting from operation of the Facility and any interest earnings thereon; provided however, Gross Revenues does not include: the proceeds of any grants; the proceeds of any borrowings for capital improvements; the proceeds of any liability insurance; or the proceeds of any casualty insurance which the Borrower intends to and does utilize for repair or replacement of the Facility or a part thereof. (J) "HAZARDOUS MATERIALS" means and includes flammable explosives, radioactive materials, asbestos and substances defined as hazardous materials, hazardous substances or hazardous wastes in the Comprehensive Environmental Response, Compensation, and Liability Act, as amended by the Superfund Amendments and Reauthorization Act (42 U.S.c. Section 9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et seq.) and the Resource Conservation and Recovery Act (42 U.S.c. Section 6901, et seq.), and regulations promulgated thereunder. (K) "INITIATION OF OPERATIONS" means the date on or after the Project Completion Date on which the Project actually commences operation. (L) '"LOAN" means the loan made pursuant to this Loan Agreement. (M) "LOAN ACREEMENT" or "ACREEMENT" means this loan agreement and its exhibits, appendices, schedules and attachments (which are by this reference incorporated herein), and any amendments thereto. (N) hereunder. "LOA:'II AMOUNT" means the maximum amount DEQ agrees to loan the Borrower (0) "Lo.\:'II RESERVE ACCOLJ~T" means the account described in ARTICLE 5(C)(2). (P) "LORB\'I:"IlG" means int1uencing or attempting to int1uence a member, officer or ~mployee of a governmental agency or legislature in connection with the awarding of a government contract, the making of a government grant or loan or the entering into of a cooperative agreement v..ith such go\,ernmcntal cntity or the extension, continuation, renewal, amendment or modification of any of the above, lQ) ".\I.\~l.\L" means CWSRF Manual for Constrw.:tion Projects. (R) ""I<:T OPER.\TI:\G REVE:\l ES" Il1l.:ans the Gruss Rc\enucs less the Operating l\.pl.:nses for the Facility. ClIYI,l ""()UI)BlR:--.i: R98414 (iU...:-.. 7914.1)()c (09/17/06) LUAN A(jREl':\.U'.NT 50 OREGON DEPART;\-IENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 21 (S) "OPERATING EXPENSES" means all direct and indirect expenses incurred for operation, maintenance and repair of the Facility, including but is not limited to administrative expenses, legal, tinancial and accounting expenses, insurance premiums, claims (to the extent that monies are not available from insurance proceeds), taxes, engineering expenses relating to operation and maintenance, payments and reserves for pension, retirement, health, hospitalization, and sick leave benefits, and any other similar expenses to be paid to the extent properly and directly attributable to operations of the Facility. Operating expenses include an appropriate amount for reserves for repair and replacement of the Facility based on the expected life of the collection, treatment and disposal facilities. (T) "OUTST ANDING LOAN AMOUNT" means, as of any date, the sum of all disbursements to the Borrower hereunder less the sum of all Loan principal payments received by DEQ. (U) "PROJECT" means the facilities, activities or documents described in ARTICLE i(E) and (F). (V) "REPAYMENT PERIOD" means the repayment period specified in ARTICLE 1(H) which shall not in any event exceed twenty (20) years after the Completion Date. (W) "SRF" means the Water Pollution Control Revolving Fund established under ORS 468.427, also known as the State Revolving Fund. (X) "STATE" means the State of Oregon. ARTICLE 10: MISCELLANEOUS (A) NOTICES. All notices, payments, statements, demands, requests or other communications under this Loan Agreement by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if delivered by personal delivery, by certified mail, return receipt requested, or by facsimile transmission, and, if to the Borrower, delivered, addressed or transmitted to the location or number listed in ARTlCLE 1(B), and if to DEQ, delivered, addressed or transmitted to: Clean Water State Revolving Fund Loan Program Wakr Quality Division Department of Environmental Quality 811 S.W. Sixth Avenue Portland, Oregon 97204-1390 Fax (503) 229-6037 or to such other addresses or numbers as the parties may from time to time designate. Any notice or other communication so addressed and mailed shall be deemed to be given five (5) days atter mailing. ,\ny notic~ or other communication delivered by t~lc~imile shall be deemed to be given \\ hen receipt of the transmission is generated by the transmitting machine. To be dfecti've against DEQ, sllch bcsimilc transmission must be continm:d by telephone notice to DEQ's CWSRF Program Coordinator. ,\ny notice or other communication by personal delivery shall be deemed to be givl:n ""hen actually delivered. ('Ii'r Ill, 'v\o<)()Ul3lRN: R9ll4l4 (jl:"-;.... 791t.IX)C (09/27 06) 51 LOA"" ACiRFEME'.T OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 22 (B) WAIVERS AND RESERVATION OF RIGHTS. (1) DEQ's waiver of any breach by the Borrower of any term, covenant or condition of this Loan Agreement shall not operate as a waiver of any subsequent breach of the same or breach of any other term, covenant, or condition of this Loan Agreement. DEQ may pursue any of its remedies hereunder concurrently or consecutively without being deemed to have waived its right to pursue any other remedy. (2) Nothing in this Loan Agreement affects DEQ's right to take remedial action, including, but not limited to, administrative enforcement action and action for breach of contract against the Borrower, if the Borrower fails to carry out its obligations under this Loan Agreement. (C) TIME Is OF THE ESSENCE. The Borrower agrees that time is of the essence under this Loan Agreement. (D) RELATIONSHIP OF PARTIES. The parties agree and acknowledge that their relationship is that of independent contracting parties, and neither party hereto shall be deemed an agent, partner, joint venturer or related entity of the other by reason of this Loan Agreement. (E) No THIRD PARTY BENEFICIARIES. DEQ and the Borrower are the only parties to this Loan Agreement and are the only parties entitled to enforce the terms of this Loan Agreement. Nothing in this Loan Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right not held by or made generally available to the public, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Loan Agreement. Any inspections, audits, reports or other assurances done or obtained, or approvals or consents given, by DEQ are for its benefit only for the purposes of administering this Loan and the CWSRF Program. (F) ASSIGNMEi'lT. DEQ shall have the right to transfer the Loan or any part thereof, or assign any or all of its rights under this Loan Agreement, at any time after execution of this Loan Agreement upon written notice to the Borrower. Provisions of this Loan Agreement shall inure to the benctit of DEQ's successors and assigns. This Loan Agreement or any interest therein may be assigned or transferred by the Borrower only with DEQ's prior written approval (\\ohich consent may be "",ithhcld for any reason), and any assignment or transfer by the Borrower in contravl:ntion of this ARTICLE lO(F) shall be null and void. (G) DEQ ;"jOT REQlIRED TO ACT. :--Iothing contained in this Loan Agreement requires [)L:Q to incur any expense or to take any action hereunder in regards to the Project. (II) FLRTHER ASSl RA:'iCES. The Borrower and DEQ agree to execute and deliver any \\ rincn instruments necessary to carry out any agreement. term, condition or assurance in this Loan . \gn:cment \\ hem:vcr a party makcs a reasonable request to the other party for such instruments. (I) V.\UUII" ,\.\0 SE\EI{,\BILlT"'; Sl RVIV.\L [f any part, term. or pro\oision of this Lllan Agreement or of any other Loan document shall be held by a court of competent jurisdiction Crt'r I II \\oIXl[)l\l RN: R98414 GE)'i'-, 791-l.IXiC (09/27. (6) L()A~ AGREE\1ENT 52 OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 23 to be void, voidable, or unenforceable by either party, the validity of the remaining portions, terms and provisions shall not be affected, and all such remaining portions, terms and provisions shall remain in full force and effect. Any provision of this Agreement which by its nature or terms is intended to survive termination, including but not limited to ARTICLE 5(E), shall survive termination of this Agreement. (J) No CONSTRUCTION AGAINST DRAFTER. Both parties acknowledge that they are each represented by and have sought the advice of cOlmsel in connection with this Loan Agreement and the transactions contemplated hereby and have read and understand the terms of this Loan Agreement. The terms of this Loan Agreement shall not be construed against either party as the dralter hereof. (K) HEADINGS. All headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Loan Agreement. (L) ATTORNEYS' FEES AND EXPENSES. In any action or suit to enforce any right or remedy under this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, to the extent permitted by law. (M) LAWS GOVERNING; VENUE; JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, "Claim") between DEQ (and/or any other agency or department of the State of Oregon) and the Borrower that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this ARTICLE IO(M) be construed as a waiver by the State of Oregon of any form of detense or immunity, whether it is sovereign immunity, go\crnmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any Claim or from the jurisdiction of any court. BORROWER, BY EXECUTION OF THIS AGREEMENT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. (N) COUNTERPARTS. This Loan Agreement may be executed in any number of counterparts, each of which is deemed to be an original, but all together constitute but one and the same instrumcnt. (0) ENTIRE AGREDIE:"ojT; A:\'IEND:\'IE:"ojTS. This Loan Agreement constitutes the entire agreement betv\'een the Borrower and DEQ on the subject matter hereof, and it shall be binding on the parties thereto \\ hen executed by all the parties and \\0 hen all approvals required to be obtained by DEQ have been obtained. This Loan Agreement, including all related LOLlll documents and instruments, may not be amended, changed, modi tied, or altered without the ""ritten consent of the parties. UTY ( Ib w()( )[)IH R'-': R9M I ~ (;EV\791.~ DOC (09/27:06) 53 LOA0J ^liRI:F~Il:"T OREGO~ DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 24 CITY OF WOODBURN By: Authorized Otliccr Date Typed Name: Title: STATE OF OREGON ACTING BY AND TH ROUGH ITS DEPARTMENT OF ENVIRONMENTAL QUALITY By: Lauri G. Aunan, Water Quality Administrator Date Approved for Legal Sutlicicncy By the Attorney Gcncral's Office Lynn T. Nagasako, Senior AAG Date ell)' m W()()I)BLR\i: K.l)~414 (;E"l~i91~ DOC (09/27:06) 54 LOAN A<.iREI:\-IENT OREGUN DEPARTMENT OF ENVIRONMENTAL QUALITY CLEA]\j WATER STATE REVOLVING FUND PAGE 25 ApPENDIX A: REPAYMENT SCHEDULE Due - - - - - - - - - - - - - - - PAYMENT - - - - - - - - - - - - - - - Principal Date Pmt# Principal Interes t Fees Total Balance 4,093,175 4/1/2011 1 0 116,400 0 116,400 4,093,175 10/1/2011 2 90,472 31,313 20,466 142,251 4,002,703 4/1/2012 3 91,164 30,621 0 121,785 3,911,539 10/1/2012 4 91,862 29,923 19,558 141,343 3,819,677 4/1/2013 5 92,564 29,221 0 121,785 3,727,113 10/112013 6 93,273 28,512 18,636 140,421 3,633,840 4/1/2014 7 93,986 27,799 0 121 ,785 3,539,854 10/1/2014 8 94,705 27,080 17,699 139,484 3,445,149 4/1/2015 9 95,430 26,355 0 121,785 3,349,719 10/112015 10 96,160 25,625 16,749 138,534 3,253,559 4/1/2016 11 96,895 24,890 0 121,785 3,156,664 10/1/2016 12 97,637 24,148 15,783 137,568 3,059,027 4/1/2017 13 98,383 23,402 0 121,785 2,960,644 10/1/2017 14 99,136 22,649 14,803 136,588 2,861,508 4/1/2018 15 99,894 21 ,891 0 121,785 2,761,614 10/1/2018 16 100,659 21 ,126 13,808 135,593 2,660,955 4/1/2019 17 101,429 20,356 0 121 ,785 2,559,526 10/1/2019 18 102,205 19,580 12,798 134,583 2,457,321 4/1/2020 19 102,986 18,799 0 121 ,785 2,354,335 10/1/2020 20 103,774 18,011 11 ,772 133,557 2,250,561 4/1/2021 21 104,568 17,217 0 121 ,785 2,145,993 10/1/2021 22 105,368 16,417 10,730 132,515 2,040,625 4/1/2022 23 106,174 15,611 0 121 ,785 1,934,451 10/1/2022 24 106,986 14,799 9,672 131,457 1,827,465 4/1/2023 25 107,805 13,980 0 121,785 1,719,660 1 0/1/2023 26 108,630 13,155 8,598 130,383 1,611,030 4/1/2024 27 109,461 12,324 0 121,785 1,501,569 10/1/2024 28 110,298 11 ,487 7,508 129,293 1,391,271 4/1/2025 29 111 ,142 10,643 0 121,785 1,280,129 10/1/2025 30 111,992 9,793 6,401 128,186 1,168,137 4/1/2026 31 112,849 8,936 0 121,785 1,055,288 10/1/2026 32 113,712 8.073 5,276 127,061 941,576 4/1/2027 33 114,582 7.203 0 121 ,785 826,994 10/1/2027 34 115,458 6,327 4.135 125,920 711,536 4/1/2028 35 116,342 5,443 0 121,785 595,194 10/1/2028 36 117,232 4,553 2,976 124,761 477,962 4/1/2029 37 118,129 3,656 0 121,785 359,833 10/1/2029 38 119,032 2,753 1,799 123,584 240,801 4/1/2030 39 119,943 1.842 0 1 21 ,785 120,858 10/1/2030 40 120,858 925 604 122,387 0 TOTALS 4,093,175 772,838 219,771 5,085,784 REQUIRED LOAN RESERVE: $ 121,650 CITY IH W(X)[)BI RN: R98414 (;E~"7,)ll[)oc (09/27/06) 55 L<)AN ACrREFMFNT OREGON DEPARTMENT OF ENVIRONMENTAL QUALlTY CLEAN WATER STATE REVOLVING FUND PAGE 26 ApPENDIX B: ESTIMATED CWSRF LOAN DISBURSEMENT SCHEDULE Loan funds are expected to be available based on the following Project schedule: 10/07 -12/07: $250,000 1/08 - 3/08: $250,000 4/08 - 6/08: $250,000 7/08 - 9/08: $100,000 10/08 -12/08: $300,000 1/09 - 3/09: $300,000 4/09 - 6/09: $300,000 7/09 - 9/09: $300,000 10/09 - 12/09: $600,000 1/10 - 3/10: $600,000 4/10- 6/10: $400,000 7/10 - 9/10: $300,000 10/10 -12/10: $143,175 l'II'1 (II \\( )uDBl.R:--': R9R414 l;E~~-91cl.I}(:<" (09/27.'06) 56 LO,\N A(iRITMENr OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 27 ApPE:'IlDlX C: MBEIWBE AFFIRMATIVE STEPS At a minimum a recipient or prime contractor must take six affirmative steps to demonstrate good faith dTort to utilize minority (MBE), women-owned (WBE) and small (SBE) businesses. The six steps are: 1) The bidder includes qualitied small, minority and women's businesses on solicitation lists~ 2) The bidder assures that small, minority, women's businesses are solicited whenever they are potential sources~ 3) The bidder divides total requirements, whenever economically teasible, into smaller tasks or quantities to permit maximum participation by small, minority or women's businesses; 4) The bidder establishes delivery schedules whenever the requirements of the work permit, which will encourage participation by small, minority and women's businesses; 5) The bidder uses the services and assistance of the Small Business Administration (http://pro- net.sba.gov) and the Minority Business Development Agency of the U.S. Department of Commerce (http://www.mbda.gov) to identify appropriate small, minority and women businesses; and 6) If the bidder awards contracts/procurements, the bidder will require the subcontractors to take all of the affirmative action steps described above. (40 CFR Section 35. 3145(d)) Forms for documenting compliance with these requirements may be found at Tab 6 of the Manual for Construction Projects. Please note that these requirements apply to any procurement of construction, supplies, equipment or services. Additional resources available to recipients and contractors include the following: EP A Office of Small and Disadvantaged Business Utilization: Phone: 206 - 553 - 2931 Web Site: www.epa.gov / osdbu Oregon Office of Minority, Women and Emerging Small Business 350 Winter Street N.E., Room 300 Salem, OR 97301-3878 Phone: 503 ~ 947 - 7922 \Vcb Site: I,vI,vw.cbs.state.or.usj nmwesb elll' Ufo WU(J[)[3l'R'-: R98414 (iE1\ii'ol79Ituoc 109/27/(6) 57 Lo,\:--.l A(iRFI:MUH OREGOi\; DLPART~lENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 28 ApPENDIX 0: ApPLICABLE FEDERAL AUTHORITIES AND LAWS ("CROSS-CUTTERS") E:'IlVIRON:\'IENTAL LEGISLATION: Archaeological and Historic Preservation Act of 1974, PL 93-291. Clean Air Act, 42 U.S.C. 7506(c). Coastal Barrier Resources Act, 16 U.S.c. 3501, et seq. Coastal Zone Management Act of 1972, PL 92-583, as amended. Endangcred Species Act 16 U .S.c. 1531, ct seq. Executive Order 11593, Protection and Enhancement of the Cultural Environment. Executive Ordcr 11988, Floodplain Management. Executive Order 11990, Protection of Wetlands. Farmland Protection Policy Act, 7 U.S.c. 4201, et seq. Fish and Wildlife Coordination Act, PL 85-624, as amended. Natiunal Historic Preservation Act of 1966, PL 89-665,as amended. Safe Drinking Water Act, Section 1424(e), PL 92-523, as amended. Wild and Scenic Rivers Act, PL 90-542, as amended. Federal Water Pollution Control Act Amendments of 1972, PL 92-500. ECONOMIC LEGISLATION: Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended. Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants or Loans. SOCIAL LEGISLATION: rhe Age Discrimination Act of 1975, Pub. L. No. 94-135, 89 Stat. 713,42 U.S.C. 96102 (1994). Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 252, 42 U.S.C. 92000d (1988). Section 13 of PL 92-500; Prohibition against Sex Discrimination under the Federal Water Pollution Control Act. Rehabilitation Act of 1973, Pub. L. No. 93-1123, 87 Stat. 355,29 U.S.C. 9794 (1988), including Executive Orders 11914 and 11250). .\fISCELL\:'IiEOLS AVTHORITY: Lniform Relocation and Real Property Acquisition Policies Act of 1970, PI. 92-646. Executive Order 12549 and 40 CFR Part 32, Debarment and Suspension. Disclosure of Lobbying Activities, Section 1352, Title 31, U.S. Code. (Ill' IH W()Olll~II{": R9841-f liE:--"~7<)1.II)()c(()<)'')'''.06) Lo,\:--< .\(jREE\-lE,,-r 58 ~..~;~iJ~~~\ ..,. ~JIII WOODB'URN J " (. , f I' " , .. , t J f ~ ~ lJ 11B ~~ . . July 9, 2007 FROM: Honorable Mayor and City Council through City Administrator G. S. Tiwari. Public Works Directo~~ . Randy Rohman, Public Works Program Manager ~ ~ TO: VIA: SUBJECT: Clean Water State Revolving Fund Loan Agreement No. R98413 With The State Of Oregon RECOMMENDATION: Approve the attached resolution entering into a Clean Water State Revolving Fund Loan Agreement with the State of Oregon to accomplish wastewater facilities planning. BACKGROUND: The City of Woodburn renewed its National Pollutant Discharge Elimination System (NPDES) permit on December 28, 2004. In response to settlement of a third party Department of Environmental Quality (DEQ) lawsuit the renewed permit contained a compliance schedule for complying with an interim temperature standard for the wastewater treatment plants treated effluent discharge into the Pudding River. At the June' 1, 2007 Council authorized entering into a Mutual Agreement and Order (MAO) with the Department of Environmental Quality. The MAO delayed compliance until DEQ completed the Molalla/Pudding basin TMDL. The City requested that the compliance schedule be extended and aligned with TMDL finalization, which will occur sometime in Winter 2007. The Department of Environmental Quality through the Clean Water State Revolving Fund offers low interest loan for facility planning. These loans are for a five-year time period and repayment begins after project completion. The City applied for $450,000 with a City match of $50,000 to complete the facilities planning required to comply with the discharge and treatment requirements that were contained in the City's NPDES permit, the MAO and also to address any additional requirements that would result from the finalization of the Molalla/Pudding basin TMDL Aqenda item Review: "r /..../ / City Administrator ~_~ '___ , . i , ,\ ' City Attorney L~ Finance &, 59 Honorable Mayor and City Council July 9, 2007 Page 2 . . DISCUSSION: The Department of Environmental Quality has approved the City's application for a Clean Water state Revolving Fund Loan to accomplish wastewater facilities planning. The loan is for $450,000 that will be matched by $50,000 in City funding for the estimated $500.000 facilities planning project. The loan has reserve requirements similar to past loans with DEQ and there will need to be a segregated loan reserve account set up when repayment of the loan begins after project completion. The signed loan agreement does not bind the City to actually use and drawn down the awarded loan funds. If the City were to decide that loan funding was not required, DEQ would simply cancel the loans without obligation or prejudice. It is the City's intent at this time to utilize the loans but they are not binding and if the situation change and loan funding is not required the City could request cancellation if no loan draw down has occurred. The loan has an interest rate of 1.05% and a five-year payback period. The first payment on the loan is due after project completion. The City is finalizing a Request for Proposal to obtain professional engineering services for the wastewater facility planning process. The planning process should begin in fall 2007 and take approximately 15 months to complete. This loan will be used to complete this wastewater facility upgrade planning project. staff is recommending that Council approve the resolution entering into the Clean Water State Revolving Fund loan Agreement. FINANCIAL IMP ACT: The facility planning project loan funding and City matching funds were included in the Wastewater Construction Fund budget for FY 2007-2008. 60 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO CLEAN WATER ST ATE REVOLVING FUND LOAN AGREEMENT NO. R98413 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT. WHEREAS, the City of Woodburn has determined that the City needs to accomplish wastewater facilities planning in order to comply with the City's National Pollution Discharge Elimination System permit, and WHEREAS, the State of Oregon acting by and through its Department of Environmental Quality is authorized to enter into Clean Water State Revolving Fund loan agreements and disburse funds pursuant to OAR 340-054-0065(2), and WHEREAS, the City has applied for wastewater facility planning assistance in order to comply with the City's National Pollution Discharge Elimination System permit, and WHEREAS, the State of Oregon, Department of Environmental Quality, has reviewed the city's application and determined that the wastewater facilities planning project is feasible and merits funding, and WHEREAS, the State of Oregon, Department of Environmental Quality, requires a loan reserve of 100% times one-half of the average annual debt service based on the final repayment schedule and that the City shall create a segregated loan reserve account that shall be held in trust for the benefit of the Department of Environmental Quality, and WHEREAS, the State of Oregon acting by and through its Department of Environmental Quality, is willing to provide a loan of $450,000 to the City of Woodburn to be used for the City's wastewater facilities planning project, NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into Clean Water State Revolving Fund Loan Agreement No. R98413 which is affixed as Attachment "A", and by this reference incorporated herein, with the State of Oregon acting by and through its Department of Environmental Quality, for a loan of $450,000 to be used for the City's wastewater facilities planning project :::dgf2 L- ,":~u:.iCIL BILL. 0JO. 22S,)'UlJTION 0JO. 61 Section 2. That the City Administrator of the City of Woodburn is authorized to sign Clean Water State Revolving Fund Loan Agreement No. R98413 on behalf of the City. Section 3. That the City authorizes the establishment of a Loan Reserve that equals 100% times one-half of the average annual debt service based on the final repayment schedule and the creation of a segregated loan reserve account that shall be held in trust for the benefit of the Department of Environmental Quality. Section 4. That the City Attorney is hereby authorized and directed to render an opinion letter related to the Clean Water State Revolving Fund Loan Agreement No. R98413 in the form prescribed by the State of Oregon Department of Environmental Quality. Approved as to form: ![(YV( ~ City Attorney 9{S/28U1 D te 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 ;?ige .J_ CCL~CIL BILL NO. KESOLUTION NO. 62 ATTACHMENT "A" Due to its similarity to Revolving Fund Loan Agreement R98414, this attachment has not been included in the Council packet. The attachment will be available for review at the Public Works Department and the Council meeting. 63 ~::;:;:~:~;2: ~.. .....'4 ~) , WQ.Q.Q~tLBN r II , ,1 r r' :' r ,I ( ,',' I 8 ,.. ~ lie ~r~ . . July 9, 2007 TO: Honorable Mayor and City Council FROM: John C. Brown, City Administrator SUBJECT: Appointment of Elected Representative to the NORCOM User Board RECOMMENDATION: It is recommended that the City Council: 1. confirm Councilor McCallum's designation as the City of Woodburn's elected representative; and 2. confirm Chief Russell as the City's administrative, and designated voting, representative, to the NORCOM User Board. BACKGROUND: North Marion County Communications (NORCOM) is a joint powers agency, formed in 1995 pursuant to ORS 190.010, to provide a public safety answering point (PSAP) for 9-1-1 calls. NORCOM dispatches police and fire agencies, and Woodburn Ambulance, to emergency calls. Members include the cities of Aurora, Donald, Gervais, Hubbard, Mt. Angel, St. Paul, Silverton, and Woodburn; Woodburn Ambulance; the Marion County Sheriff's Office; and Fire Districts including Aurora, Drakes' Crossing, Hubbard, Monitor, St. Paul, Silverton, and Woodburn, The Agency's business, such as establishing service levels, establishing employee policies and procedures, and adopting operating budgets, is conducted by a User Board. The User Board consists of one elected and one administrative representative from each member jurisdiction or agency. Each member is entitled to only one designated voting representative on matters before the board. The State Police is an ex-officio member of the organization, but has no voting rights. Councilor McCallum is the elected official designated as Woodburn's representative to NOR COM; Chief Russell is the City's administrative representative and voting designate. '7 Agenda Item Review: City Administrat City Attorney ~ Finance 64 Honorable Mayor and City Council July 9, 2007 Page 2 . . DISCUSSION: Some of NORCOM' s members currently lack designated representatives on the User Board. NORCOM has asked members to make, and advise it of, the appropriate designations (Attachment 1). Both Councilor McCallum and Chief Russell have served in their roles as the City's representatives to NORCOM for several years. Their efforts have included containing the City's share of the agency's costs, and attempting to renegotiate rates favorable to the City's interests. Both have depth of experience in dispatch issues, and are willing to continue to serve in their respective capacities. I have discussed this matter with the Mayor, who will. with your approval. confirm Councilor McCallum's and Chief Russell's appointments as the City's representatives on the NORCOM User's Board. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 65 ATTACHMENT 1 NORTH MARION COUNTY COMMUNICA TIONS 1060 Mount Hood A venue, Woodburn, Oregon 97071 Phone (503) 982-2340 Fax (503) 982,-2375 *** please put on your own agency letterhead *** Date North Marion County Communications 1060 Mt Hood Ave Woodburn, OR 97071 Dear Ms. Audritsh, The designated Representatives for the [applicable district/ city/ agency] during Fiscal Year [appropriate year] or [calendar year] or [until further notified] shall be: 1. name/address/phone number/title 2. name/address/phone number/title 3. name/address/phone number/title [if applicable] I as the primary designee plan t attend all meetings and be the lead person in interacting with NORCOM> The secondary designees may attend meetings or cast a vote on behalf of the [agency] in my absence. Thank you. Name and title 66 ."~. ;>~:~":.:'~~.~ --" '.. .' '".-.~. ...~, :A ~'i; T WQ.QQBVRN 13A J.', ,'1 J' .' , ., t ,'.1 '~... b -I ~~ . . July 9, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Allen, Community Development Director SUBJECT: Planning Commission's Approval of Exception 2007-05 located at 1060 Mt. Hood Avenue and along Park Avenue RECOMMENDA liON: 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 28, 2007, the Planning Commission adopted a final order approving a request for an Exception to the right-of-way cross-section width, the street width, and the sidewalk width to allow a secondary access to Park Avenue for the Woodburn Police Department facility located at 1060 Mt. Hood Avenue. The site is located in the Public and Semi-Public (P/SP) Zone. The existing Park Avenue right-of-way is 60 feet wide, the street is 36 feet wide, and the sidewalk is 5 feet wide. The Woodburn Transportation System standards for an Access Street specify 66 feet of right-of-way, 40 feet of street surface, and 6-foot sidewalks. The subject site can be identified specifically on Marion County Assessor's Map as T5S, R1 W, Section 8CB, Tax Lots 4700 and 4800. The properties owned by the City of Woodburn containing the Police Department facilities and Legion Park include approximately 18.12 acres and are zoned Public and Semi-Public (P ISP). The adjacent properties directly to the east and north of the proposed access driveway contain single-family dwellings and apartments and are located in the Medium Density Residential (RM) Zone. Other area properties to the east are in the Public and Semi-Public Zone and owned by the State of Oregon for use as the armory. Properties to the south of Legion Park are zoned Single Family Residential (RS) and contain single-family dwellings. There are several properties to the west of the City property, across Mill Creek, which are located in the Light Industrial (ILl zone and accessed from COrlimerCe Way. North of the Police Department property is Oregon Highway 214 (Mt. Hood Avenue). On the north side of Mt. Hood Avenue is a property -? .// -\gendo Item Review: City Administrato I / City Attorney~ Financ 67 Honorable Mayor and City Council June 25, 2007 Page 2 . . zoned IL with a dwelling and accessory structure and a Commercial Office (CO) zoned property that contains the Salud Medical Center. Along Mill Creek, approximately 450-feet west of the proposed project site, a wetland is identified on the Woodburn local wetland inventory map. Areas of the property along Mill Creek are located within the identified flood hazard, flood zone AE, floodway, and flood zone X, as shown on Flood Insurance Rate Map 41 017C0139G, dated January 19, 2000. The proposed driveway from the Police Department to Park Avenue is entirely located outside of the 500-year floodplain. The applicant is the Woodburn Police Department, 1060 Mt. Hood Avenue, Woodburn, Oregon 97071. The property owner is City of Woodburn, 270 Montgomery Street, Woodburn, Oregon 97071 . DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. ('"nrnl;,~,tv 0,=",',elopment\PI<JrH,ing\2007\Exceptlon\Excp 2007-05\City Council memo 6-29-07 doc 68 July 9, 2007 TO: The Honorable Kathryn Figley, Mayor of Woodburn The Honorable Woodburn City Councilors, Walter Nichols (Ward 1), Richard Bjelland (Ward 2), Peter McCallum (Ward 3), James Cox (Ward 4), Frank Lonergan (Ward 5), Elida Sifuentez (Ward 6) FROM: Peter Leung, Oregon Henan Cultural Exchange Coordinator RE: Chinese Government Delegation to Visit Woodburn in July 24th I am happy to report to you that there is a Chinese Performance Arts Ensemble from Henan Province coming to Woodburn to visit on July 24th right after their meeting with Oregon's Secretary of State, Bill Bradbury, in the State Capitol, as a part of their six Oregon cities tOllr. It is part of the cultural exchange program that has existed since the year 2000. They will tour the Woodburn Shopping Mall, followed by a community reception in the Happy Garden International Buffet and Bar between 5-6pm and a 7pm performance in the lectorium of Woodburn High School, joined by local performance from the local ethnic communities and Senior Estates. We call this "Woodburn-Henan Internahonal Friendship Day" We sincerely request your support and the honor of your presence. I have met with Mayor Figley and tentatively set a time to meet with the delegation leaders at 1 :30pm in the City Hall to discuss future educational and cultural exchanges prospects. As the city grows, Woodburn needs to broaden its international out-reach scope, especially from the EAST. This is an ideal time to do so. I am bringing here an international cultural enrichment opportunity and I earnestly request your leadership and foresight to support it. Some kind of friendship proclamation from our Mayor Figley for July 24th seems appropriate for the occasion. Our cultural exchange program is part of the larger Oregon efforts to seize the opportunity to expand our trading, educational and cultural relationship with China, which has become Oregon's second largest export market in 2006. Exports from Oregon has grown from 305 million annually in 1999, the year China's accession to the WTO, to nearly 1.4 billion in 2006 - a 360% increase! Oregon's expertise in environmental projects and green building technology will make Oregon a natural market for China. We sincerely hope that you will support Oregon's vision of the future and work tirelessly to realize this vision. Your support will have impact on the lives of both Woodburn and Chinese people in the long run. t, n HHi: \! ; ~ :~"ir,~l'~;i~ '. -. - "....,:;, ; <' , :. -' .. . ~ ; ; : >!<;' l~'- . .. 'j " 1 p . I '~'- OOING THE FOURTH UP fun and color when the am Centennial Park again this 'y COME AND GET IT: That will be the call (1r]ce agair: ~';:~ ~:_, , as the annual Chuckwagon Breakfast fires ue the griddles aT Woodburn's Legion Park. Page 6, IheCbina:Henan PectormingArts Tour will be dropping by Woodburn July 24 as part of a cultural exchange program BY JOHN B -\KER .I/l(tki'rl':' t'u.g ~f'no( '\[JLlr,;.'rs. ,~~I.'1 WOODBURN - In a city where c:ulture and di- \'er,;iry beg to be celebrated. another piece of that puzzle will show it,; 111am: dimensions in Jul\'. Fla,hing bkde" boun'dmg pert"rmers. f~ats that defy exrlan~ti(\n ~md so f1111cb of \vnat ChinJ h~b tu (;fier will ne on disp!a; at \Voodhim Hi~h Schou] LGe e\'enin:; 'Jf July 24. That's \\ h~n the China7Hen~:!! .~. :~... : .' .. h} to \\'ipc c\vay ';;'0TIle \)f the myst~nc:;'. uf the ()tlcPt in [he \VfIS lec- tnriue:1. The tour \\';_~r (f~cr- dcnlonStratioll~ cf kung .~ "'t. _ ... ~ . .1' , .. ,-- _' . ru, Lll '\:n~l traOHll.JUdi LlU....j~ ~nkl a laSft.' oi Uk', r'ehJng Opera for :lny \.vho W~'" ~:J experience ir. BUe that", uni:~ ~he i:ip 0t \\~l~:t it ~',"'u!G j(. ~cc('rdin.:; tcr orgQ- nizer Peter Leung. u. hn h h.)pin~ that \Vuodbum- Henan Intci"I1al:ll.'n:::d FLC11d 2~;1p r)a~. \1\. In aL,(i :ncludi..' opt:'ning a restaurant in \Voodburn in early July. His commilmerrt w the WOudbum area, he saId. ha:-; .:-tI'Cl1:;the-ned cOils1derably sin.:e he's b~en working in U.nvI1. "There is diverl:;ity here, hut thut di- \Cf:"lll> jU~'"li.J'-;: iih..1uJe the e,bL I chilli 1 ;,.;an hdp r-nng the dn er;,:: ~ruups together here v':ith son)e- :hey'''e G, -.:-:- ;-,c::D befo~. :Jpenec rS2t3;J~.s.nt. The schedule FrUiTl 4 to 6 p.:1l. Leu;;g hopes tJ r-cception 2t ,,[ \' 3nt tll :ri,';; peupJe here f,!gether." he 'loded. "Tlit~ .Ci;_: oj'L . ta.~ ll1acy ~roup:-. IbJ.l ~rc segrc- l'rprIl <.':'~rl.. . )..... r~;7" (E\ ~'ntJ 15 \)nlv rhe start. I den lqternatlcna: bji::: 3n= ~2' Tf-;8 RUSS1;::-:!:ll. L'kr~lin~~ln. L,~ti:,.' and ;"l'-ni 'j .--<.H-.',," l ',,- ~ :., '.." - :.;, ,'. ~-' \' ,: - - ~. "- ~ rn:.mcc :::r\)u:.>. : ",: ,'i~ .0."'", ...._ ..{ \Vai'jt tel be;,,; ..__.:lL:,l~\ < ~".if 'l\.'~S'':'!J!.2 b~ili~ :;\ ~ ~-,': . '-J iSes CHINA, saQf 2: ~eti'H.:"':'.~' "<:i,': i .:;:', n~. :. ( ~~, i_._':: ;_ ; ;i;:' .... ~. :~~, ."'-: L,nlrla: l' .- II, ' ~. l. l ~ ; ! : T T !- ~ 1: t ; 111 ~~ ~ ~! t" . I ; . :~~~J:ll' .;':.::;J.i; '.",0'- ;~! :...:' COME AND GET IT: That wi!! be :~e 2311 TiCS 3gair :h,C' _~;, as the annual Chuckwagon Breakfast fires uc tne Qndc1ies 2, Woodburn's Legion Park. Page 6. DOING THE FOURTH UP Tun and color when the anr Centennial Park again this y .. ~'. . .. \, rl..... ThenChioa~Henan Performing..Ar1s Tour will be dropping by Woodburn July 24 as part of a cultural exchange progra m BY JOHN BAKER by tel \\'lpc ;lV, ay ...orn~ uf the myst~ne~: "."rf the C)ri~n;.- in the \VHS k~c- tnriunL The t.our \x,':;1 (t~r der110nstr{jIiofl~ c,f kung ~ . >' .'. . '.,' J ,,". .~, .' . lU. l;.n CfL. InhJlfh..Hj~U L1U:-.IL ;'!nu a t~l\ft' Oi (tiC r'eKlng Oper~~ for an~ \vhn \\:~!;t ~() experience 11. Bu: th~t.5 nni:~. the i:ip pf \.\h~l.r it c,-';uld J{:, ~ccl:i)rdii1fv:)- orga- nizer Peter Leung. V.:!l~l l\ :"L\pil1f that \\'uo.Jbum- Henan Tntcnla;:ll)n::l1 a n:staurant in \\'l)odbum in early July. His commitment tu the \V0odbum area. be said, bas ~trenfthcneJ cOl1sid('rably since he"s b.:cn \'Curbng in town. 'There i,. dJ\ersit) her~. but thar di- \ t:r~ll_\." ~10esn 07 ijk iuJc lh~ ~~i.)L I rhii1l. I ~an hc:lp }"ring thediver'-.C" group~ tl..)gethe~ here v..'1th sonle- lh~71; they'\l' fit:. (:;' ")cen hcfore, "r \; am r{l :-':-1:1. PC(,pJe here uIg:ether:' he added. "The '(~tt;. o( t :1' .:' t;J:~ iTl~~r,y groups rh:.l1 are _~egre- Lr:)!}1 C~tL" '1':'";' Thi." (c\i..~ritll~ ,Jnly. the ~ta~i.ol 1/J<l.i.:.r-'r~-Pe'Lr;tl:'lICI:.JtJltf'en.co!>t WOODBURN - In a city where culture ~nd ji- \'crsjty beg to be celebrated, another piece of that puzzle will ,how its many dimensions in July. F lashing blades. boundmg pcrf~\rmers, feat:; that defy e,plan:.nioD and ,0 much d what China has tu ,{rer \\ili he (\11 display at WoodhT!l High Scl1oo1 the eVt'nin" pi" Jui:' 2~. Th:.tt"s v, hc'n the China-Hen:m ~i:'",j '-.,t'P..i; 'f m:J.DI.."c gr\..''.J~>. ~ h;nJ\.. - . - ~ "J \\'anr ~D tJ;2 ~ L.Jid.l:\..... Lit ;lc:~~n~ (:I.:'t::..:-:-:- )~U(.: I'..."~ n., . C :-... ~"~ '.'. .... \;)- iSee CHINA, page 2: ;.-" ... ~) .,~ The schedule FroiTl 4 to 6 p.nl. 24 ;:e~:3'" Leung hopes to hove 0 c,.~~r--, reception ct ne\\n cpened r82t3u;a~t, Ha~',~,,' '..::: ~ den ITlternatJonai BJ~E~ G;\:: 22,' Ths tC);:~': 1. ()FFlCE ()F -lliE C()VERN()R S'rAT'[ ()F ()RECON ;'1(., :;2.~~i~:;.(I,t)." 'Ii~/I~..~."~' '0"""'.. ';"l.~.\ I'. .\...<1 .'" , <)111 \\I.Il\'.. \'fj _ :' {.cr \<.'j'aR.{"!, PI~()(=I_AMA~rIC)N \\' 111<IW, \s: It i,.; 1111I"i1LIIlI \11 !IIUllll)k lilt" IIIIIIII:i111I\lkl'~;[:\I)(\ill!', dlld Iril'.lld~;hip 1)l.~IWn'll Ilw SLilt' ul' ( ) \I')', I I J 1 : II J d 1111: ,') l: 1iI dill ~J ( "i111111 i Iii' I' I I l' I k 1\; \ II hI) \' i I j(: i; d I' t:U p k I S ( '() J I )'yc~;~;, I) 1-(( ': :11I d \\'lll<:H li\S: II I.'; illljlilll.llll III 11IIild ;\ 1'1'J;lliuII::l1ipll:I';I'd lillllllllllid 1'1'~:pl'I'1 :i1)(III.il'.nd~;It[p \W[\WI'11Illll' Illi,.I'II': ;JIIIl 1111" 111:11 i;; [);I""I (IIIIIUII Illln.k'll'I1U' [II I:;wll 01111'1':: ililt'lJl;i! :dfail'::; and \\ III':H I' ,\s: II i:: 11111"'1[;1111 (" 11'111['111/" lilt' illlj)(I!I:IIIi'(' (,j Illi:; 1','Lllillll::lli!) ,Hid III PIUlliU[I' nillt'dlilll], "'."111'1]111., ,uld ,';II"j;i! Illllkl:;Lllldill~', ,llld 1.lllIjln:\liilllll1:11 ~;llppllrl tlW::l' l'lll)l'ls (I!'l1llllll<t! :tlld ,."1111111111 iIJlI'1 ,";1: :llld \\' III( J{ 1<. .\ S: It I,: iI111"lr1:llllll) CIII'\IIII:lI',I' till' ('\I'!l:lllgl' olvil'\V:: Oil ('.\1!1111l()Jl (:Cl!ICtTIIS (ll}(! illlnc::I;:. $ )\\, III EIU<:J"()\{ F: !, 1'I11'llil'il'l' I~. kllllill)',U::I',I, (;0\'1'111111' olllH' ~.:(:tk 1)j'(hq',ll!l, IWI'i:hy Pl'llI'l:lilll.JIIIl(' 6, 200() III 1\1' The Stall' of ()ll'gOJl aud Ih(' ,<.;lal1dil1g ('o!l\JlIiUl't.' of I 1 ('II all Peopk's Congress, PRe [,'RIl':ND['\ 11:\TIIAN(;I( In~LATI()NS $A \' \\1 ()\\')',illl ;11\1\ ('I\\'\I\II';li',l' ;d\ UltT,I)\l\:\\l:; [IIJl)ill i\ll'hi~; l)hSnV;IIIl'\'. 1['1 WIT(\II':S~; WlllilU~( )1", \ \\('n~,lll\l() sellllY h;\llll alld <:lll::I' Ill\" ~I'l';ll ~';l':d \Il' \\\1' S\;\\t' ul' OIl'i',UI) \11 he ;\ntxl'd. I )\1\1\' ill II1\: (':\piI\'\ ill th,' ( 'ily Ill' >:aklll illlhl' :~\;I1(' I)l' \ )HT.O\I \III this II:I\', .I1l11(' ~;, 1.0()(1, J J2 ~ flY I\ill 74th (ll<!<;CiON LJ~ClSLATIVI<: AHHElVIBLy.<J(107 Regular Se~slOn House Resolution 3 S]lOllSoreu by Itepresematlve CANNON; Hepresentatives BAHKEH, BARNHART. BONAMICI, BRUUN, BUCKLEY, CLEM, D EDWARDS, ES~lJlVEL, GIROD, HOLVEY, HUNT, KRUMMEL, OLSON, RICHARDSON, ROBLAN. ROSENBAU;Vl, WHISNANT, WITT (at the request of Dave Porter) SUMMARY The following Sllmmary is not prepared by the sponSfJrs of the measure and is not a part of the body thereof subject (,0 consideration by the lk"oislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Urges Oregon universities, community colleges and secondary schools to encourage Oregon students to learn Mandarin Chinese and to explore opportunities to study in China. HOUSE RESOLUTION ~ Whereas China IS the number one exporter of goods to the United States; and Whereas dccordlJ1g to economIsts, China will become the world's wealthiest nation by the year -l 20 l~; and ,. Whereas :.!4 percent of t.h" world's population speak::; Chinese; and fi Whereas Oregon ulllversitws, community colleges and secondary schools, in recognition of the increa6ing irnportanct' of China to the United t1tates, should encourage Oregon students to learn K Mandarm ChInese, the olTicIaJ state language of China, and explore ways to expand language \) \:Ourse6 Lu include Mandarin Chinese; and HI Whereas knowledge of fureign cultures IS invaluable, Oregon students should be encouraged to 11 explore opportunities to study in China; now. therefore, 1:2 Be It Resolved by the House of Representatives of the State of Oregon: I:, That Wi", the members ot' the [[ouse of Repre::;entatives of the Seventy-fourth Legislative As- 14 sembly urge Oregon universities, community colleges and secondary schools to encourage Oregon I" stuuents to le<ll'I1 Mandarin Chinese and to explore opportunities to study in China. l(, NOTE: Matter 111 boldfaced typ.-: In <lIJ ,llllewied sectluH IS new; watter [italic and bracketed] is existing law to be umitted. Ne'V. ,sectlUn::; are 11l holdfaeed type. L(' 248:1 More Information About Riding Who can ride CARTS? . CARTS is public transportation and is available to every- one- and all buses are ADA accessible. When is CARTS available? . CARTS is available Monday-Friday except for the following holidays: New Year's Day, Memorial Day, 4th of July. labor Day, Thanksgiving, Christmas, What other bus systems does CARTS connect with? . Cherriots- (503-588-BUSS) the Salem-Keizer public transit system. All CARTS buses go to the Salem Transit Mall where Cherriots buses can be met. . Canby Area Transit (CAT) - (503- 266-4022) connects with the Woodburn/Salem CARTS route at the North Park Plaza in Woodburn and can connect with SMART a T ri-Met. . The SMART bus (503-682.7790) can also be caught at the Salem Transit Mall a will take you to Wilsonville where you can also connect with T ri-Met. Safety/Courtesy . Do not eat on CARTS buses; drinks are allowed in hard- sided, covered containers only; and no smoking on the busses, . Use music players with earphones only. . Carts and strollers must be folded and secured. . Be at your stop a few minutes early and remember that the bus may arrive a few minutes early or late depending on traffic, . No firearms or flammable materials allowed, . If your action or behavior cre- ates a hazard, you are subject to removal. citation or arrest. . Have exact change if you're paying cash; drivers don't carry cash. Mt. Angel No No No 6:43 Silverton Roth's 8:06 10:16 4:41 6:36 Silverton Safeway 8:01 10:11 4:36 6:31 Salem CCC 7:43 9:53 4:18 6:13 Transit Mall Depart 7:30 9:40 4:05 6:00 Transit Mall Arrive 7:30 9:10 3:45 5:40 Salem CCC 7:17 8:57 3:32 5:27 Silverton Safeway 6:59 8:39 3:14 5:09 Silverton Roth's 6:54 8:34 3:09 5:04 Mt. Angel 6:47 No N~ No J All vBhiclBs arB WhBBlchair lift fi bicyclB rack BquippBd. I CARTS . Connecting Communities FARES One Day Monthly Ticket Way Pass Pass Book 5 H under Free Youth $1.00 $2.00 $30.00 $9.00 Adult $1.50 $3.00 $45.00 $13.50 Senior $1.00 $2.00 $30.00 $9,00 Disabled $1.00 $2,00 $30.00 $9.00 Daily and Monthly Passes Are Available at the Following locations: ChBmBkBta Community CollegB- Santiam Campus DHAS DfficB-27551Sth St. SE, SalBm Dallas SelBct IndBpendBncB Roth's IGA SilvBrton Roth's IGA SalBm-KBizer Transit CustomBr ServicB (Day passes also available from drivers) Ride CARTS Marion 6 Polk County Public Transit Service - for Everyone ARTS . Connecting Communities . . ( t> f' m f" f' t <I A I f',1 R" q \' '1 ,11 r r 1'" :J 0 r tat 1111, C; Y f f' In . For information call: 503-585-5187 or 1-800-422-7723 TDD 503-346-1263 A service of the Chemeketa Area Regional Transportation System Ck~n~:b Gates Park fi Ride 9:02 3:1lI 6:56 Mill City Market 8:58 3:06 6:52 Lyons FO 8:45 2:53 6:39 Mehama 8:40 2:48 6:35 Stayton Safeway 8:25 2:33 6:19 Santiam CCC 8;19 2:25 6:12 Aumsville Cmt Ctr 8:07 2:14 6:00 Turner 7;58 2:07 5:53 Wal-Mart Salem 7:45 1:53 5:40 Transit M all Depart 7:30 1:40 5:25 Transit M all Arrive 7:20 11:05 5:15 Wal-Mart Salem 7:0710:544:57 Turner 6:5610:42 4:45 Aumsville Com Ctr 6:4110;344:37 Santiam CCC 6:4110:27 4:28 Stayton Hardware 6:34 1D:15 4:19 Mehama 6:2010:00 4:04 Lyons FD 6:15 9:55 4:00 Mill City Market 6:02 9:42 3:47 Gates Park 6 Ride 5:57 9:37 3:43 Fairview Market Dallas Select West Valley Hospital WOU Monmouth Roth's IGA Library Transit Mall Depart Transit Mall Arrive Library Roth's IGA WOU Monmouth West Valley Hospital Dallas Select Fairview Market Fairview Market 8:25 10:15 3:00 4:55 6:45 en ~ 8:22 10:12 2:57 4:52 6:42 = 8:19 10:09 2:54 4:49 6:39 8:07 9:57 2:42 4:37 6:27 OJ U ~ 7:59 S:49 2:34 4:29 6:19 <= OJ c. i 7:57 9:47 2:32 4:27 6:17 E 7:40 9:30 2:15 4:1lI 6:00 OJ [ij ~ 7:30 9:20 2:05 4:00 5:50 OJ J 7:13 9:03 1:48 3:43 5:33 <= OJ -i 7:31 9:01 1:46 3:41 5:31 7:03 8:53 1:38 3:33 5:23 6:51 8:41 1:26 3:21 5:11 =! 6:48 8:38 1:23 3:18 5:08 = , 6:45 8:35 1:20 3:15 5:05 7:55 9:25 12:15 2:55 4:25 5:55 Dallas Select 7:52 9:22 12:12 2:52 4:22 5:52 Safeway 7:48 9:18 12:08 2:48 4:18 5:48 Aquatic Center 7:42 9:12 12:02 2:42 4:12 5:42 Fir Villa Aquatic Center Safeway Dallas Select Fairview Market 6:50 8:20 1110 1:50 3:20 4:50 6:48 818 1108 1:48 3:18 4:48 6:42 812 11:02 1:42 3:12 4:42 638 808 1058 1:38 3:08 4:38 635 8:05 10:55 1:35 3:05 4:35 J Light figurBs arB A.M. e dark figures are P.M. Northpark Plaza 8:27 10:07 4:42 6:37 Woodburn Transit Ctr B:20 10:00 4:35 6:30 Gervais Post Office 8:10 950 4:25 6:20 Brooks 8:03 9:43 4:18 6:13 Salem CCC 7:53 9:33 4:08 6:03 Transit Mall Depart 7:40 9:20 3:55 5:50 Transit Mall ARRIVE 7:20 9:30 3:55 5:50 Salem CCC 7:07 917 3:42 5:37 Brooks 6:57 907 3:32 5:27 Gervais Post Office 6:50 9:00 3:25 5:20 Woodburn Transit 6:40 8:50 3:15 5:1lI North Park Plaza 6:33 8:43 3:08 5:03 Para Informacion En Espanol Iluien puede usar CARTS . Esta disponible para todos, CARTS es transporte publico; to do autobus eS accesible conforme a ADA, Cuando esta disponible CARTS . Lunes a viernes salvo estos dras festivos: Ano Nuevo, "Memorial Day", 4 de julio, Dia de T rabajo, Ora de Gracias, Navidad, (lue otro sistema de autobus se conecta con CARTS . Cherriots (503-588-BUSS), sistema de transporte publi- co Salem-Keizer, T odos los autobuses CARTS van a la Terminal de Autobuses de Salem donde Se conectan con autobuses Cherriots. . Canby Area Transit (503-266-4022) conecta con la ruta CARTS Woodburn/Salem en la plaza North Park Wood- burn y puede conectar con SMART y T riMe!. . EI autobus SMART (503-682-7790) se puede tomar tam- bien en la terminal de autobuses de Salem y 10 Ileva a Wilsonville, donde puede conectarse con TriMe!. Seguridad/Cortesfa . No coma en IDS autobuses CARTS; se permite solo bebida tapada y de envaSe duro, No se permite fumar en el auto. bus, Se permite aparato de musica solo con audrfonos, Hay que doblar y asegurar carritos/carreolas, L1egue a la parada unos minutos antes; recuerde que el autobus puede lIegar unos minutos temprano 0 tarde dependiendo el trafico. No se permite arma de fuego 0 material inflamable, Si se comporta de manera peligrosa, esta sujeto a rem DC ion, infraccion 0 detencion, Solo cambio exacto si paga en efectivo; el chofer no tiene efectivo. J All vBhiclBs arB whBBlchair lift S bicyclB rack BquippBd, J Light figurBs arB A,M, and dark figures are P.M. Fir Villa 7:40 9:10 12:00 2:40 4:1lI 5:40 Transit Mall Depart 7:20 850 11:40 2:20 3:50 5:20 Transit Mall Arrive 710 8:40 1130 2:1lI 3:40 5:1lI . . . . . . . Woodburn-Henan International Friendship Day Tuesday, July 24th Free Admission Joint Performance with local ethnic communities & Senior Estates 5-6pm: Reception: Happy Garden International Buffet &Bar (Former1yThe BunkerBar & Grill (1575 M"'~ Hood Ave.. Near Shari's) 7pm: Joint Performance: Woodburn High Schoollectorium Sponsors Woodburn HighSchool Woodburn Ind ependent HappyGarden International Buffet & Bar """'....-"""-.... .- ~ 06 ( ~-: ".' ..[ u!t.vttU~ I a~()ff[l <0/UtIO lly 61; ill 0 i:} I." f r" , 1.Suona Solo: A Joyful Scene of Harvest Henan folk music adapted by Hao Yuqi and Qiao Jinwen 2.Pee-pa So/a: Dance Music or Yi Minority Nationality composed by Wang Huiran 3.Erhu Solo: Moon light Over Mt.Hui Spring composed by Hua Yanjun 4, Quartet: Charming Night Scene on the River in Spring classical music 5,Erhu Solo: Horse Racing composed by Huang Haihuai 6.zeng Solo: Lofty Mountains and Flowing Water classical music 7. Quartet: A Fishing Boat at Dusk classical music 8.Pipa Solo: Ambush on All Sid~ 9.Suona Solo:Chirpy Birds Vying with Each Other compiled by Hao Yuqi and Wang Jiufang 1O.Flute Solo: A Journey to Suzhou South China Fo/k Song. acJOpted by Jiang Xianwei 11. Quartet: A Robust Scene on the Approach of Spring adapted according to the song with the same title, adapted and com- piled by Wang Zhan boo ii{ fir ~!... \.,~.....'U,~.. ~~ ~....... d --:f -... "/c , \ ". Bf( )Jr a{ (,I- -~;. If @'l .;p lff Wi1i~. ~IJ\~lw.i 5OJ~li1:l3ZH:;FfFf~ ~ 8: ~BHlffi3Z1t;FcDFcD~ :E~Jill:: 5OJ~li1:l3Z1t:;FfZ:*:S!.t::S!.t:~ il'7'::$: 5OJ~li1:lZ:*~;f3H~~ T~5-'lfZ: ~B;'rlffi3Z1t;FcDIJ!2t~~~~ lit )5: 5OJ~li1:l3Z1t;Ff9~~:S!.t::S!.t:~ ~Wf75: }OJ~li1:lZ:*~WiUW~ )~ii!;\~: ~~BffiZ:*~WW~ U~~: 5OJ~li1:l~.mUfl1t~JF,~~~ ~B ~: 5OJ~~.mUfl1t)Ji[iJ:i OO~~: 5OJ~li1:l~.mUfl1t)Ji[iJ:i ~*~: 5OJ~li1:l~.mUfl1t)Ji[iJ:i ~ ~: 5OJ~li1:l~.mUfl1t5~iJ:i f9lJ~f*: 5OJ~li1:l~.mUfl1t)Ji[iJ:i Henan Delegation List 1.Mr.Sun Ouan Dang Pronvincial Government Minister of Culture Dele,!;atioll"s Leader 2.Ms.Li Xia City of Zhcngzhou. Director of ('ulturc ZhengZhou is the Henan Provincial Capitol Delegation's Assistant Leader 3.Mr.Wang Hong Ying Provincial Government Executive Director for the Minish:r of Culture 4.Mr.XuTian Shen President of Henan Provincial Arl' University 5.Ms.Ding Chun Ping Zhengzhou City Government.A,,'t DircL'lm of Financial Af- fairs 6.Ms.Kang Jie Provincial Government Assistant Executive Director for Minister of Culture 7.Mr.Xie Xin Fang Assistant President of Henan Provincial Arts llniversity. 8.Mr.Feng Zhi Fu President of AnYang City Arts Univcrsity 9.Mr.Du Hong Ya Henan Province Theatre,Director of Chinese Music .Music Director of the Delegation Musical Instrument:Er-hu 10..Mr.Guo Min Henan Province Theatre Musical Instrument:Er-hu 11.Mr.HaoYu Oi Henan Province Theatre Musicallnstrulnent: Souna 12.Mr.CaoYong An Henan Province Theatre Muskal Instrument:zeng 13.Ms.LiMei Henan Province Theatre Musical InstrUI11cnt:Pcc-Pa 14.Mr.LiuHaiLin Henan Province Theatre Musical Instrulllent:Chinesc Flute \~ ~~~~m~ a9jiiJWJ 3t 1t ~ ~ ~~~~~~~ffi~~&~@. ili~~~~~~ ftffiffi\illlo j~~ffiB55!:, $~ffi~fUR))E, '9~'9~ ffiA~~~. ~~j~~~~*~~ffi~~~~o -, i5~EnJjj se it ~~~~~$~o~ffiB55!:~~. ~gffi~~~ ~ft, =~~~ft, 1QJiJ~1t~~&~:r)QJ~o 0jC F.lU 21 t!t~G~~~~~ffi:95(*1lJU~~~i@j, *~fOig~ tl~ffi*~,N,~,~,*~20'9~I~~~$:r 1lto ft~~tj;:~~~, )QJ~~cS~=: ~BB, ~BB, ff igo {8~tr:n ~~ 1 00 '9~tr1a;ffi~ftft)QJ~. ~Jlt WW\/9 "~~~~2m" o)QJ~~@r:~w.JFc5~~2~. @L~w.JFc5~~~=1.rr. ~~:tffl~mii~w.J 108514. ~ 4857 ~~w.J1~tp~1.rr. WB55t:~~#Jm "~~B55!: El~~w.Jm" 0 $~~*S'j:Q: )QJ~~~ "~ElE2?9", "~t~2?9" ffif!]\5-o IJJil~ ~gU, ElEmU, ~~~~ElE~llilmU~ 177 ~. ~iiFc5~ ~2~o~OO~j~~~,~~~,~~ffi,~~~, ~rrBi3, $~ffij, 5~~75'~-ttt~ElE~~Z;*~fO {TI?; ;;f:~}, (~fi5eftil)r1J), (~BB)1n, {~g~}f3~} ~ - j;:ttt-1JWt~~U EJ o)QJ~ffi~t~ft~ rs9~ili~~@~. ~~~J~9~~~. ~~~PilAAffi~~o . )DJP-m~)(: 1tff9F~1J\ HENAN CULTURAL BUREAU THE FOREIGN AFFAIRS OFFICE Egics (TEL): (0371)5907281 5937206 1tl'J! ( FAX ): (0371) 5953370 mB!\i9 (CODE) :450003 UNIQUE HENAN CULTURAL RESOURCES Henan was the main birthplace of the Chlinese nation,and the cradle of the Chinese Culture.The long history,rich cultural accummulation,colourful ar- tificial and natural landscapes have formed unique cultural resources of Henan Province, 1.Anclent history and cultwe Henan Province has a plentiful and ancient history and culture.The famous Peiligang Culture,Erlitou Culture and Yangshao Culture all generate from Henan.The earliest slave system sates Xia,Shamg and Zhou,more than 20 feudalist dynasties,such as East Han,Wei,jin,Tang,and Song,made capitals here.Among China's seven ancient capitals,Henan has three,namely,Louyang, Anyang and Kaifeng,The origin of more than 100 surnames in the book of'Hundreds of Surnames in China"can be found in Henan,So it is regarded as"the root of the Chinese nation."The amount of underground cultural rel- ics ranks first in the country,while that of aboveground second.There are I, 080,000 pieces of cultural relics stored in museums,and 4,857 relics protec- tion units in the province.So it is called by historians"China's historical and natural museum". 2 Colourful culture and arts Henan Province has the title of " a hometown of local operas"and"a home- town of acrobatics" .There are 177 professional opera groups including Henan Opera, Qu Opera and Yuediao Opera.The amount ranks first in the country. Opera artists are constantly emerging, such as Chang Xiangyu,Chen Suzhen, Cui Lantian,Ma Jinfeng,Yan Lipin,Shen Fengmei and Zhang Xinfang,A lot of excellent plays have also been put onto stage. such as"Hua Mulan:,"Mu Guiying taking command","Chaoyanggou","Zhuge Liang visiting the Bereaved",The acrobatic in Henan also enjoy a high reputation.The acro- batic groups have performed abroad repeatedly and been liked very much.