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Agenda - 10/22/2007 CITY OF WOODBURN CITY COUNCIL AGENDA OCTOBER 22, 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. Special Election, November 6, 2007: Woodburn City Hall is a designated Marion County ballot drop site during regular business hours; however, the City Hall lobby area will be open until 8:00 pm on Election Day. B. City Hall and the Woodburn Public Library will be closed November 12 in observance of Veteran's Day. The Aquatic Center will remain open. C. A Workshop on Traffic Impact Fees will be held on November 15 at 7 pm in the Council Chambers. D. The Woodburn Police Department will be presenting district meetings in the community. District 2 Nov. 8, 6:00 pm City Hall Council Chambers District 3 Nov. 14, 6:30 pm WPD Community Room District 1 Nov. 29, 9:45 am Sr. Estates Coffee Hour An additional District 1 meeting will be scheduled for an evening in West Woodburn in early December once a location is confirmed. Appointments: None. OOHabra interpretes ~isponibles para aquellas personas que no bablan Ingles, previo acuer~o. Comuniquese al (5031980-2485:' October 22, 2007 Council Agenda Pagei 4. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. 5. COMMITTEE REPORTS A. Chamber of Commerce 6. COMMUNICATIONS A. Letter from Bruce Thomas, President Recreation and Parks Board 1 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. S. 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 October S, 2007 2 Recommended Action: Approve the minutes. B. Woodburn Recreation and Parks Board draft minutes of 10 October 9, 2007 Recommended Action: Accept the draft minutes. C. Woodburn Planning Commission draft minutes of October 11, 13 2007 Recommended Action: Accept the draft minutes. D. Planning Activity dated October lS, 2007 Recommended Action: Receive the report. 16 E. Police Department Statistics for September 2007 Recommended Action: Receive the report. 19 F. Code Enforcement Statistics for September 2007 Recommended Action: Receive the report. 25 October 22, 2007 Council Agenda Page ii G. Highway 214/Settlemier Avenue/Boones Ferry Road Project 27 Update Recommended Action: Informational only. 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. 'Zt-~~ A. Council Bill ~ - Resolution approving assignment of a cable 28 franchise from Willamette Broadband, LLC to Wavedivision VII, LLC Recommended Action: Adopt the resolution. 2. t, fO B. Council Bill ~ - Resolution entering into an agreement with 39 Woodburn School District 103 for the purpose of collecting a construction excise tax as provided by state law and authorizing the City Administrator to sign said agreement Recommended Action: Adopt the resolution. C. Burlingham Park Grant Agreement 52 Recommended Action: Authorize the City Administrator to enter into a Local Government Grant Agreement with the Oregon Parks and Recreation Department for the $30,000 grant awarded for the Burlingham Park Playground Replacement Project . D. Professional Services Proposal Award 59 Recommended Action: Accept the proposal of CH2M Hill Inc. to conduct a pilot study to analyze technologies to comply with Total Maximum Daily Load requirements for the City's wastewater treatment plant and authorize the City Administrator to sign and agreement for professional services. October 22, 2007 Council Agenda Page iii E. Liquor License Application - Full On Premises Sales 76 Recommended Action: Recommend that the Oregon Liquor Control Commission approve a liquor license application for Cinco de Mayo Taqueria. F. Cancellation of November 12, 2007 Meeting 81 Recommended Action: Cancel the November 12, 2007 City Council meeting. 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 Action on Cases VAR 2007-01, DR 2006- 82 17, and EXCP 2007-02 B. Community Development Director Action on Case DR 2007-08 83 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. ADJOURNMENT October 22, 2007 Council Agenda Pageiv 6A REC'D Monday, October 15,2007 OCT 1 5 2007 City of Woodburn 270 Montgomery Street Woodburn, OR 97071 WOODeURN CITY ADMINISTRATOR'S OFRCE John Brown City Administrator Kathy Figley Mayor of Woodburn Dear Sir and Madam, Subject: Playground Reconstruction Project. On September 8th of this year the Woodburn Recreation and Parks Department successfully installed a playground on North First Street. I had the privilege of working with Steve Patterson and Jim Row. I want the City and the council to know how impressed I was with their professionalism and positive attitudes. I attended several meetings over a 3 month period of time. Steve Patterson was the leader of the meetings. Steve was always fully prepared and organized. That in itself was no small task, the project cumulated with over 100 people working on the project. Jim Row was always up-to-date and involved in the project. On the build day Steve and Jim were the first ones there and the last ones to leave. All during the day Steve and Jim were fully in charge and engaged. It would be hard to put into words the total amount of activity and pressure they were under. Because of their friendly and upbeat attitudes they set an example that everyone else followed throughout the entire day. Mayor Figley also worked the entire day of the project. Her contribution and presents provided the volunteers with a great example of community leadership. Without the Combined efforts of Recreation & Parks and the full support of the City of Woodburn this project could not have happened. As a citizen, I became aware of the vast amount of time and resources needed to make this project work. I truly appreciate everyone's efforts. 1 SA COUNCIL MEETING MINUTES OCTOBER 8, 2007 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 8,2007. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Absent Present Present Present Present Staff Present: Administrator Pro-Tern Scott Russell, City Attorney Shields, Acting Public Works Manager Rohman, Community Development Director Allen, Community Services Director Row, Finance Director Gillespie, City Recorder Tennant Mayor Figley stated for the record that Councilor Cox was out oftown and City Administrator Brown was out of state attending the ICMA annual conference. 0021 ANNOUNCEMENTS. A) Library Board Meeting: The Board has changed their October 2007 meeting date from October loth to October 17th at 7:00 p.m. in the City Hall Council Chambers. B) Woodburn Memorial Aquatic Center will be closed for annual maintenance beginning October 11,2007 and will re-open on November 5, 2007. C) Woodburn Public Library "FOOD FOR FINES" event will end on October 14, 2007. During this event, the Library will waive fines for overdue books when a library patron brings in food for the AWARE Food Bank. 0074 PROCLAMATION HONORING CARMEN RAMIREZ. Mayor Figley stated that Ms. Ramirez is retiring from her full-time work after 35 years of service to the Woodburn community. She read a proclamation honoring Carmen Ramirez for her work throughout the years which included obtaining her nursing certification, being a staff leader at Salud Medical Center, working with families in need of medical care who were homeless or in labor camps, co-founder of Farmworker Housing Development Corporation (FHDC), board member of Oregon Breast and Cervical Cancer Coalition, member of the Marion County AIDS Coalition, member of the Oregon State HIV Planning Committee, and co-founder and board member of Pineros y Campesinos Unidos del Noroeste (PCUN). Page I - Council Meeting Minutes, October 8, 2007 2 COUNCIL MEETING MINUTES OCTOBER 8, 2007 TAPE READING Mayor Figley presented Ms. Ramirez with the proclamation and thanked her for her numerous contributions to our community. Ms. Ramirez expressed her appreciation to the Mayor and Council for recognizing her for all of her work with the farmworkers. She also mentioned that has been the "Santa Claus" for the farmworkers children since 1972 and anticipates continuing in that role. She has been very proud to be a Woodburn resident over the last 36 years. 0210 PROCLAMATION: INTERNATIONAL CREDIT UNION DAY - OCTOBER 18. 2007. Mayor Figley read a proclamation declaring October 18, 2007 as International Credit Union Day within the City and recognized them for their contributions made not only within the Woodburn area but internationally. Mayor Figley presented Nathan Wuerch, OSU Federal Credit Union Branch Manager, with the framed copy of the proclamation since he had brought this day of recognition to the Mayor's attention. 0282 PROCLAMATION: COMMUNITY PLANNING MONTH - OCTOBER 2007. Mayor Figley read a proclamation declaring the month of October 2007 as Community Planning Month within the City extending appreciation to the City's Planning Commission and City Planners for their commitment to public service. Planning Commissioner Jennings and Community Development Director Allen accepted the framed copy of the proclamation. 0374 CHAMBER OF COMMERCE REPORT. Don Judson, Interim Executive Director, informed the Council ofthe following upcoming Chamber events: 1) Greeter's Program will be at Sterling Savings Bank inside ofWalmart on Friday, October 12th, beginning at 7 :00 am. He stated that an average of 40 people attend this weekly event. He encouraged the Mayor and Council to attend and find out about what is happening among the Chamber businesses. 2) Chamber Forum will be on Wednesday, October 17th, 12:00 noon, at Country Meadows. Guest speaker will be Mel Counts with his topic on the success he has had on various team sports. 3) Sixth Annual Crystal Apple Awards will be held on Thursday, November P\ at the Woodburn Armory. He stated that the Chamber co-sponsors this event which honors excellence in education in the North Marion School District, Gervais School District, St. Luke's, Lord High School, and Woodburn School District. He anticipates 50 nominees this year and feels that this event is a real opportunity to let our educators know how much their work is appreciated. He encouraged the public to attend this annual event. Page 2 - Council Meeting Minutes, October 8, 2007 3 COUNCIL MEETING MINUTES OCTOBER 8, 2007 TAPE READING 0436 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Superintendent, addressed a recent newspaper article which started with a headline that characterized Woodburn as having the worst assessment scores in the State. He stated that this was a false statement when in fact all of the elementary schools have met adequate yearly progress under the No Child Left Behind Act and report cards which will be coming out within the next few days has rated 3 of the 4 elementary schools as strong which is one step below exceptional and one step above satisfactory. Both middle schools are also rated strong and a lot of the programs now in place have been from the ground floor up which is now showing in the "strong" ratings. He reminded the Council that program building does not provide instant results. The high school transformation did create some problems and he agreed that the below satisfactory assessment scores are unacceptable. His staff has been working hard to improve the scores and he believes that they will improve, however, it will take more than I year of small schools to produce higher assessment scores. He reiterated that the newspaper headline is not fair to the employees, students, or families of the school district. He has shared his concerns with the newspaper and there will be a rebuttal in the October 9th newspaper. Superintendent Blomberg stated that he has been discussing the Construction Excise Tax with Administrator Brown and a contractual agreement will be brought before the Council within the next few weeks for consideration. The School District feels that it is important to them to adopt the tax in order to take some of the burden off current taxpayers as new development occurs. He also invited the Mayor and Council to the Crystal Apple Awards to show support to the schools in our area. This event will give attendees an opportunity to hear about some of the good things that make a difference for the kids and, in the long run, for our community. Councilor McCallum questioned if the previous computer problem relating to state testing had an impact on the scores recently released. Superintendent Blomberg stated that students had to take last year's test in June 2007 due to computer errors at the state level and everyone in the state experienced a similar problem. Councilor McCallum questioned if the School District tracks kids that who have been in the Woodburn system throughout their careers. Superintendent Blomberg stated that they have done cohort groups but what makes it more difficult is that the cohort gets so small in many of the areas by the time a student gets to high school. The District loses about 55% of their students between kindergarten through grade 8 because of mobility. The biggest cohort group is typically the English language learner or Latino cohort. The District has been tracking mostly to determine the programs for English language learners but they are also now tracking kids that are in the dual language program. Page 3 - Council Meeting Minutes, October 8, 2007 4 COUNCIL MEETING MINUTES OCTOBER 8, 2007 TAPE READING 0716 Councilor Bjelland felt that cohorts are extremely important when analyzing the educational system because anomalies can be created which is what is occurring at this time. When looking at the cohorts, there can be increased performance in every single cohort yet the school's score can be lower because there may be a different distribution of the make-up of the cohorts. He stated that it is unfortunate that the school average score is often looked at rather than seeing the performance increase of each cohort. Superintendent Blomberg agreed with comments made by Councilor Bjelland and assured the public that they have programs in place that are working for the students and staff is working extremely hard to try and assure that our community can be respected and will produce solid citizens. The small schools (high school) is a 4-year experience to get students ready for testing and not the 18 months which the small schools has been in place. The small schools is a means of giving students a more personalized education by making it more relevant, rigorous and meaningful to them so that they will be prepared to go to college or be employable. 0835 CONSENT AGENDA. A) approve the regular and executive session Council minutes of September 24, 2007; B) accept the draft Recreation and Parks Board minutes of September 18,2007; C) accept the draft Planning Commission minutes of September 27,2007; D) receive the report on Building Activity for September 2007; E) receive the report on the Planning Tracking Sheet dated October 4,2007; and F) receive the report on Claims for September 2007. MCCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion passed unanimously. 0872 COUNCIL BILL NO. 2685 - ORDINANCE REGULATING THE PLACEMENT AND PERMITTING OF NEWSRACKS. Council Bill No. 2685 was introduced by Council Sifuentez. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Lonergan questioned the time period of the permit. City Attorney Shields stated that it would be an annual permit unless the publication itself is different then a new permit application would be required. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2685 duly passed with the emergency clause. 0941 COUNCIL BILL NO. 2686 - ORDINANCE AMENDING ORDINANCE NO. 2399 (THE BUSINESS REGISTRATION ORDINANCE) TO ELIMINATE THE EXEMPTION OF PRODUCERS OF FARM PRODUCTS. Councilor Sifuentez introduced Council Bill No. 2686. The two readings of the bill were read by title only since there were no objections from the Council. Councilor McCallum questioned the effective date of the ordinance. Page 4 - Council Meeting Minutes, October 8,2007 5 COUNCIL MEETING MINUTES OCTOBER 8, 2007 TAPE READING City Attorney Shields stated that this bill will go into effect 30 days after passage by the Council. It was noted that there is no specific renewal date for all businesses rather a license is in effect for one year after issuance and renewal is each year thereafter. Don Judson, Chamber Interim Executive Director, stated that with the City's agricultural heritage, the City has previously exempted people from the license requirement who have grown their products which they sell within the city limits. The current dispute is one of the City's longest employers AI's Garden Center and this dispute stems from how much of their own product do they raise and sell at their local store. The City feels that they should be a part of the business license program but AI's feels that they produce a majority of their product and should be exempt from the ordinance. He has listened to both sides and there are good arguments for each side. The City would like all businesses operating within the City limits subject to business license and regulations but AI's feels that they have been a business within the City for a long time and should be given some respect due to their contribution to Woodburn. The recent Municipal Court lawsuit incurred thousands of dollars on both sides over a $50 business license fee to determine if AI's was exempt from the current ordinance and the Judge ruled that AI's was exempt. He feels that this was a waste of money on both sides and that there should be a way to compromise. His concern is that the Council has the legal right to make this change in the ordinance with the effective date 30 days from passage of the ordinance and enforce At's to obtain a license in the amount of$50. However, if that is done, the City will further alienate one of the City's best community minded employers and parts ofthe business community. He suggested that the Council defer consideration of this matter for 30 days and let emotions on both sides cool down. In the meantime, he suggested that discussions take place with both parties to see if a resolution can be made that both parties can agree to. Councilor Bjelland stated that he had some concern when he originally read the proposed ordinance since there is some history in this case, however, the original intent of the exemption for farm products was to exempt those farmers who wanted to periodically bring their produce into the City and sell it. The situation is different now and passage of the proposed ordinance could prohibit farmers from selling their product periodically. After discussing this issue with the City Attorney, a way of dealing with the periodic sales is for the farmers to obtain a special business permit which is currently being done under city ordinance for other types of businesses who sell products within the City on a periodic basis. He agreed that AI's began as a produce business but they have migrated and grown becoming not just a farm stand but an operation that looks very much like a business. Councilor Nichols agreed that the business license fee of $50 is a very minimal amount to be paid and At's does provide a lot of publicity for Woodburn but AI's now has three other business locations in different communities selling the same products. He felt that the costs incurred by both parties on this lawsuit was ridiculous especially when you look license fee amount. Page 5 - Council Meeting Minutes, October 8,2007 6 COUNCIL MEETING MINUTES OCTOBER 8, 2007 TAPE READING Councilor McCallum stated that 902 businesses in Woodburn have paid the license fee and many of them are not multi-million dollar businesses. City Attorney Shields stated that the current ordinance has an exemption for special events of 3 days or less duration and the other exemption is in those cases where a business is required to be licensed under another City ordinance. Through those exemptions, a farmer's market could be addressed rather than requiring the $50 business license fee. He stated that his role is to draft what the Council requests and exemptions are a matter of policy to be determined by the Council. Mayor Figley stated that she seemed to recall voting on a business tax in 1991 following the passage of state-wide Ballot Measure 5 and could not recall having a business tax prior to that date. City Attorney stated that a business registration ordinance was passed in the early 1990's and it was an administrative fee for registering a business and not a tax. Councilor Sifuentez questioned Mr. Judson as to why AI's Garden Centers object to the $50 business license fee. Don Judson felt that it was the principle of the matter in that they still feel that they produce the majority of what they sell. He agreed that AI's has more than one location but what is seen at the Woodburn location is a lot of what AI's produce. As Interim Director, he is trying to keep his members happy so that the Chamber can work with the City to make the community better. He also believes that it is the principle of the matter and if there is a way to grandfather the business in or to allow them a period of time to obtain a license or some other means of compromising then it should be considered rather than immediately requiring the license without any communication between AI's and the City since the court ruling was in favor of AI's. Councilor McCallum stated that the court ruling was that the City either needs to correct the language or leave the ordinance as it is currently whereby AI's would be exempt. He did not feel that the City was trying to ramrod this ordinance amendment through since there had been a great deal of work trying to work with AI's to resolve this before it ever went to court but the business decided to take it to court. Mr. Judson reiterated that he is trying to represent Chamber members but he is willing to help in trying to resolve this issue with AI's. He agreed that the City can change the ordinance but suggested that it be done in the spirit of cooperation as much as possible. He requested that there be a 30 day delay in voting on the proposed amendment and he would be willing to talk to AI's about this issue. Councilor Sifuentez stated that she is willing to wait 30 days at which time there will be a full Council present and the City Administrator will also be present. Councilor Lonergan also believed that it is the Council's responsibility to set policy and that the business license is fair. He knows what other cities are charging for a business license and does not feel that the amount charged is excessive. However, he also respects the history and effort which AI's has done in this City and the family atmosphere they have provided over the 50 years they have been in business in Woodburn. He felt that an Page 6 - Council Meeting Minutes, October 8, 2007 7 COUNCIL MEETING MINUTES OCTOBER 8, 2007 TAPE READING additional 30 days before action is taken is not an unreasonable amount of time. Richard Jennings stated that business registration began in an effort to find out who did business within the City for Police Department information and it was not a tax. The business tax came in later years to generate more revenue for the City and other cities in Oregon had a business tax in place. The public perception right now is that the Council is adopting an ordinance now in order to get even with AI's since they won a court case. He expressed his opinion that that the City should not even pursue the amendment at this time. Mayor Figley stated that she would be supportive of waiting long enough to see if something can be discussed and brought back to the table, however, she has trouble looking at another business owner and saying that this rule applies to them but not to a business that is bigger, richer, or better connected. She has no wish to get even with a business that she made a point of honoring last year and one that she has done business with for many years but there does need to be one set of rules that needs to apply to everybody. MCCALLUM/SIFUENTEZ... continue consideration of this Council Bill until the first meeting in November 2007. The motion passed unanimously. 1589 COUNCIL BILL NO. 2687 - RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATIONS DURING FISCAL YEAR 2007-08. Councilor Sifuentez introduced Council Bill No. 2687. 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. 2687 duly passed. 1615 COUNCIL BILL NO. 2688 - RESOLUTION ENTERING INTO AN INTERGOVERNMENT AL AGREEMENT CONTRACT AMENDMENT WITH CHEMEKET A COMMUNITY COLLEGE THROUGH ITS CHEMEKET A COOPERATIVE REGIONAL LIBRARY SERVICE (CCRLS). Council Bill No. 2688 was introduced by Councilor Sifuentez. 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. 2688 duly passed. 1650 PARKS AND RECREATION MASTER PLAN UPDATE. Proposals were received from five (5) firms to evaluate the current system and develop a well-planned systemic approach to managing community parks and recreation with the project culminating in the development of recommendations to eliminate current deficiencies and evaluate the City's Parks System Development Charges (SDC's). BJELLAND/MCCALLUM... authorize the City Administrator to execute a Personal Services Agreement with Group MacKenzie for the Parks and Recreation Master Plan Update project. The motion passed unanimously. Page 7 - Council Meeting Minutes, October 8, 2007 8 COUNCIL MEETING MINUTES OCTOBER 8, 2007 TAPE READING 1664 NEW BUSINESS: STATE-WIDE BALLOT MEASURE NO. 49. Mayor Figley stated that she had drafted a Resolution in support of Ballot Measure 49 as discussed at the previous Council meeting. She stated that she had drafted the resolution away from City Hall, printed the document using her own paper, and had personally delivered copies of the document to the Council. Under state law, the Mayor and Council can take a position on political issues, however, staff cannot take any position and City funds cannot be used for political activities. BJELLAND/SIFUENTEZ... support the resolution prepared by the Mayor. The motion passed unanimously. Mayor Figley reiterated that no public funds are being used on this issue. 1710 CITY ADMINISTRATOR'S REPORT. Administrator Pro-Tern Russell stated that he did not have anything to report to the Council. 1735 MAYOR AND COUNCIL REPORTS. Councilor McCallum extended his condolences to local business owner Mindy Smith who recently lost her granddaughter as a result of a plane crash 7 weeks ago. Ms. Smith also lost her husband, son, daughter-in-law, and grandson at the time of the crash and he encouraged the public to keep her and other members of her family in their thoughts and prayers for their loss. Councilor Sifuentez stated that she had an exceptional experience in Bend at the League of Oregon Cities annual conference. She was inspired with what other cities have been doing in their downtown areas and she also brought back copies of the summaries of legislative bills prepared by LOC for the Mayor and Council. Mayor Figley thanked Councilor Sifuentez for attending the LOC conference annually on behalf of the City. 1820 ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:03 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, October 8, 2007 9 Minutes Woodburn Recreation and Parks Board Tuesday, October 9,2007 7:00 p.m. 8B DRAFT. 1. Call to Order The meeting and was called to order at 7:00 pm. 2. Roll Call Board Chair Board Secretary Member Member Member Member Member Bruce Thomas Rosetta Wangerin Vacant Joseph Nicoletti Judy Wesemann Eric Yaillen Vacant Present Present Vacant Present Present Present Vacant Staff present: Jim Row, Community Services Director; Steve Patterson, Recreation Service Manager; Paulette Zastoupil, A.A. 3. Approval of Minutes from September 18,2007. Rosetta Wangerin/Joseph Nicoletti Motion to accept the minutes from August 14, 2007 The motion passed unanimously. Business from the Audience None 4. Annual Board Retreat Workshop Jim discussed the Annual Board Retreat with the Board Members. Rosetta WangerinlEric Yaillen Motion to hold our Annual Board Retreat on January 8, 2008 in lieu of our regular Board meeting. The motion passed unanimously. 5. Playground Restoration Projects Bruce Thomas shared that the Noon Kiwanis in Woodburn was adding the Burlingham Park Playground Build to their yearly projectJist. Rosetta shared that she had driven by the North Front Street Park playground and saw 10 - 12 children playing on the structure. Judy stated that we should contact radio stations and newspapers to place public announcements for volunteer help. Jim explained to the Board about the WCAT/City video project that will possibly be filming the next playground project. Jim stated that the Board needs to be pro-active with spreading the news and also being active members on the planning committee. Bruce shared that these playground projects require a lot of pre-planning and organization. Jim reported that the Recreation Manager position closes on October 15, and that he expects to have the position filled by January 2008. 6. Board Member Jim reported that Mayor Figley expects to appoint a Park Board Member at the next scheduled City Council meeting on October 22, 2007. Mayor Figley is the process of meeting next week with one potential Woodburn Foundation Board member and then confirming with another potential member. He reported that as soon as all Page 1 10 Minutes Woodburn Recreation and Parks Board Tuesday, October 9, 2007 7:00 p.m. Woodburn Foundation Board members are in place, the Mayor will schedule an organizational meeting. The Board discussed ideas for recruiting a W oodbum School student for the Park Board. 7. Business from the Department Recreation - Jim Row Jim reported that all fall programs were on schedule, with 250 children enrolled in the youth soccer program and the Adult Basketball League had 6 teams are currently signed up. The PAL teen program has been going on PAL adventure field trips. They are planning October trips to the Oregon Coast Aquarium and Disney on Ice. Jim shared that the Weed and Seed Grant would fund this program in the future. Jim reported that the After School Club enrollment was growing and explained the partnership between the City and School District in how staff was intermixed in all four schools. Active Adult trips are planned to the Winter Wonderland Christmas Lights in November and the World's Largest Christmas Bazaar in December. Aquatics - Debbie Wadleigh Debbie reported that every thing was going well at the pool, and the annual Pool Closure would be October 20-November 5. During the closure the Aquatic Center entry way would be re-arranged to accommodate the family changing room and handicapped patrons so they would have access to the pool through the lobby area. Rosetta stated that the new Aquatic Center Brochure was a good marketing tool. Debbie explained the HV AC ventilation problems with the Aquatic Center. She explained an Energy Audit is currently taking place to help decide what the best solution would be. Parks and Facilities - Jim Row Jim reported that the City Council approved Group Mackenzie/GreenPlay to update the Parks and Recreation Comprehensive Master Plan, and that the agreement is being signed. He thanked Joseph and Rosetta for being on the review committee. Rosetta suggested a copy of the proposal be given to the Board members. Jim reported that that the process of seeking a desi~ team for the Mill Greenway is underway. The proposal deadline is November 9 and Jim will be seeking a review team consisting of a Board member, a City Engineering representative, parks maintenance and himself to review the proposals. Eric Yaillen asked when the SDC's would be updated, and Jim explained that the Parks and Recreation Comprehensive Plan would need to be completed first before the SDC Methodology could be updated. Discussion took place on understanding, management, strict reporting requirements and sustain ability of the Weed and Seed Grant. Bruce Thomas asked if the State of Oregon had any standards for Park and Recreation staffing. Jim shared that benchmark data was available, which compared parks and recreation agencies in Oregon. That data will be useful in the master planning process. Jim clarified that if data collected in the updated Park and Recreation Comprehensive Plan showed areas where more staff or other resources are needed i.e.: recreation or maintenance operations, he would then have the back-up data needed to request budget increases. Page 2 11 Minutes - Woodburn Recreation and Parks Board Tuesday, October 9. 2007 7:00 p.m. 8. Future Board Business Parks and Recreation Comprehensive Master Plan Playground Restoration Program Weed and Seed Greenway Design Proposal 9. Board Comments Eric YailIen reported that Oregon Golf Association has hired Barb Trammell, CEO. 10. Adjournment 8:20 p.m. Paulette Zastoupil, Recording Secretary Rosetta Wangerin, Board Secretary Date Date Page 3 12 8e ROLL CALL WOODBURN PLANNING COMMISSION MEETING MINU1C October 11, 2007 CONVENED the Planning Commission met in a regular session. a).1~~e~ Council Chambers with Chairperson Lima presiding..'f'~j,\::":;f:):, .".. .'. Commissioner Jenninas led the salute to the flag. Chairperson Lima questioned members of the Planning Com such as family, financial, or business relationship with an project in question. If such a potential conflict exists, hE;} question believes he or she is without actual bias or w from the Planning Commission during the case. Theri~ from those present. . .v Chairperson Lima announced: agenda is available at cases one at a time according to the order listed in the ag procedure outlined on the public hearing procedure board. AI requested to come to the podium and give their name and addre from other than the podium will not be. r~i~ d. om. We will consider 'II follow the hearing " 'shing to speak are 'viduals speaking Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow;, ;, GrosJacqu.-;;: Vancil '. ....Grigorieff ",hison gs A. Wood ann ommission Meetin Minutes of Se tember 27 2007. Commissioner.. ..., , ,.' ues moved to accept the minutes. Vice-Chairperson Bandelow ~econded themotioniWtlich unanimously carried. . . ;f";~H,j:>'"~.,, . , "~:::')'T'; BUSINESSFRO'MTHE AUDIIENCE ~}. .;/:1",,:;,., ,. ',. .'.- <. ''''1'/,;' . .';\;..." . . ..... :-/r,.-"' i' None. ", A, WoodbumtCity Council Meeting Minutes of August 13, 2007 No COmments." Planning Commission Meeting October 11, 2007 13 Page 1 of 3 None. der for Design Review air erson Bandelow, motionl', PUBLIC HEARING ITEMS FOR ACTION A. Final Order - Design Review 2006-17. Variance 2007.()' Commissioner GrosJacaues made a motion to accept the Fl 17, Variance 2007-01, Exception 2007-02, seconded by Vi passed. Commissioner Jenninos inquired about the architec(u Community Development Director Allen stated that tf} .A Commissioner Hutchison commented on the consistency making decisions on requiring walls. Commissioner Jenninos commented on;l~t.ipn~ where people wanf} cy. " "'!:Plc" ....". ";./ There was discussion amongst the PI~ij with regards to the process of the Final Order. communi'" Oevelo merit Direct . Allen stated that the Woodburn Development Ordinance states that it r~l.Ilte~ two colors ~n two textures. ,.'~' ,." " . '';':;" vtce-Chairoerson'Sandelow asked about the difference of requirements for the type of wall in a Medium Density Re$ideri~al (RM) zone and a Commercial General (CG) zone. ~ !~ ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner, ' Commission' Commissio DISCUSSI Community DevelopmEmt'Director Allen stated that applications arriving first will receive precedence for the type of wall required. REPORTS A. Planning ~roject Tracking Sheet October 5,2007. Commissioner JenninQs commented on a sign permit that was on the Planning Tracking Sheet. Planning Commission Meeting October 11, 2007 14 Page 2 of 3 :~~ Community Development Director Allen stated that the sign application forJacf{~Rd Deanna Bigej was submitted to the Community Development Department on August 1~2007. B. Building report for September 2007. No comments were made. . . " - . . . .iC",iir'~:I\;""'~~,. C. Planning Activity Report - September 24 through October5,4Q07. No com~l$:.yvere d ;"", ",J' -"";~~2:$t~"::;",'?:{3?~.. ma e. . ',7 .' ;!<;."",;;,,,,":;''''... BUSINESS FROM THE COMMISSION I>.,,; ""'r-;).'51~kr _ _i'f ," ,/1 Chairperson Lima inquired about the next Planning Commi~on sched~~ed to have a hearing." ..,jl ..,,~, Community Development Director Allen stated that a h~~9 is SCheclt.li~Or October 25, 2007 for the Pacific Grading project. He also plans to hay.- a;W~1< sessiort,'; . / 1~ :}j:~i:f> , Vice-Chairperson Bandelow inquired about a guidelineforpf~uitfi tions by the City or a State list of noxious weeds. ',i,.\ There was discussiQ'llt)y of the ordinance. .. .. Community Development Director Allen stated that it would be a g... Currently the WOO has a list of treest-nat are.~~epted and not accepted, a list of plants. < . .'.' ~..::;'::..;:"~ -, Commissioner Jenninqs inquired aboul n,p()r~$lg. n P.ermittiatld:;;sign permits. "~ ;<::n:>' -i@" Community Development Director Allen s .. Community Development Department, Public Division. at thesiQf{ordinaride is being enforced by the artment, and Code Enforcement ":?#:"- the sign ordinance and the enforcement e meeting Vice-Chairperson Bandelow carried. Meeting adjourned at 7:35 pm. APPROVED Date .;;...,,- ',1:;< ";h~ ATTEST , '~R, Jim Allen:h, Communit}\ Development Director City of W~dburn, Oregon i Date Planning Commission Meeting October 11, 2007 15 Page 3 of 3 Project Applicant Description SiteLocation: DR 2006. Welkin 17.EXCP 2007- Engineering 02. VAR 2007- 01 Status: Date Deemed 120 Day Planner Received Complete Dale Referrals Facilities Mail Notice Notice to Meeting for PC Paper Post Stf Rpt Due PC Hearing PC Final Appeal Property Admin Dec. Order Deadline 04/2712007 09107/2007 09/11/2007 09/21/2007 09127/2007 10/11/2007 10/23/2007 8 unit Multi-family Approved-Appeal 10/12/2006 07/2012007 11/1712007 Don DoJene Development on Vacant Period Parcel 1037 Lincoln St DR 2007. William R. Design Review, 15,000 09.EXCP 2007- Pease (Grating square feet expansion; 07, VAR 2007- Pacific) Street Exception to Front 05 St; Variance to the front yard setback. 2775 N Front Street DR 2007-10. King's Moy Site upgrade, install new Management fire hydrant landscaping & restripe parking for new fumiture store. 770 N. Pacific Hwy .... ~R 2007-11. John Baker Type II design review for (Cuppy's Drive- a new commercial Thru) structure 987 Lawson Avenue FPUD 2007- Bryan Final approval of PUD - 02,ANX 97-08. Cavaness Bcones Crossing III, ZC 97-12, CU Type I 97-03. PUD 97- Dahlia Street and Brown 03, VAR 97-12 Street LA 2007-02, City of Legislative Amendment Woodbum Period Review Remand City of Woodbum Received 08/24/2007 09/21/2007 01/19/2008 Don Dolenc 0812912007 10/1912007 10/1112007 1110212007 11/08/2007 Received 10/0412007 Sam GolJah Received 10/0512007 Don Dolene Received 07/1212007 Don Dolene Received Jim Allen Project Applicant SiteLocation: Description Status: Date Received Planner DR 2007-01 The Frazier Group 985 Lawson St Fayade improvements to the existing Taco Bell structure Hold by Applicant 0212012007 Sam Gollah DR 2007-05VAR 07-03, VAR 07-04, Butch Price/Bend Oil (Stop 100 Arney Rd. Remove existing 2311 sf gas station canopy and replace with Incomplete 06113/2007 Don Dolenc CU 07-01 NGo) new 1520 sf canopy. DR 2007-06 Axis Design Group A&E, 3001 W. Newberg Hwy Upgrade to facility and build a vestibule. Additional signage to Incomplete 06/1912007 Don DoIenc LLC (Miles Chevrolet) site. DR 2007-08SIGN 2007.18 Jack & Deanna Bigej 1220 N. Pacific Hwy Design Review of Pole Sign Incomplete 0811412007 Don Dolene PUD 2006-01ZC 2006-01, CU 2006- Boones Crossing, LLC. Parcels 1, 2 & 3 of Partition Modifications to Boones Crossing PUD Incomplete 10/3112006 Jim Allen 04, CPC 2007-01 Mike Hanks Plat 2006.55 ZA 2007-03 Mastery Learning Institute 591 Gatch Sl Modification to the conditions of approval with a Zoning Incomplete 08/2712007 Sam Gollah Adjustment .... ~ hI? Activity Report - October 5 thru October 18 Folder Name Applicant Project SiteLocation Description Date Rec'd: App Complete: Planner: Bl2007-158 Philip Guardia T&R Company 2830 Progress Way Wholesale Nursery Supplies 10/15/2007 Bl2007-157 Alta Clima Corp. Factory Expo Home 2655 Progress Way Manufactured Home Sales 10/15/2007 dba Factory Expo Center Hm Ctr Bl2007-156 William O. Smith Pacific Ground PO Box 6613 - Excavation Contractor 10/15/2007 Works, Inc. Contractor SIGN 2007-24 Roberto Caballero Cinco de Mayo 450 North Front Street Two wall signs painted on building for 10/10/2007 10/1012007 Don Dolenc Taqueria Cinco de Mayo Taqueria. TSP 2007-30 Basil Michael Elias Michael Elias 990 North Pacific Casa Mexico banner sign. 7'x10' 10/10/2007 10/1012007 Don Dolenc Highway 1000& 00 ....ll"'~~ .j Thursdl/Y, October /8, 2007 BL = Business License EXT = Extension SIGN = Sign Permit TMKT = Temporary Marketing Permit TSP = Temporary Sign Permit PAPP = Pre-Application fNC = Fence Pemlit ~ WOODBURN 8E A~ f:tuf.. J.,o'por."d 1889 . . October 22, 2007 TO: Mayor and City Council through City Administrator FROM: Scott Russell, Chief of Police cr' SUBJECT: Police Department Statistics - September 2007 RECOMMENDATION: Receive the Report BACKGROUND: The attached report lists year to date reported offenses and arrests displayed by month. DISCUSSION: The statistics have been gathered from the Police Departments Records Management System. The Previous year's crime statistics are also displayed for comparison purposes. FINANCIAL IMPACT: None Agenda Item Review: City Administrat City Attorney _ Finan 19 Woodburn Police Dept. PAGE 1 DATE: 10/17/2007 PL6850 TIME, 10,25,40 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU SEPTEMBER 2007 SCOTTRU ORIlI: OR0240500 WPD RESULTS FOR ALL CHARGES CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL - - ~ - - - - - - - - - - - - - - - - - - - - - - - - -" - - - - - - - ----- - - ---- - ------- --------- --- --- ---- ----------------- ---- -------------------- - - - - --- - - --- AGGRAVATED ASSAULT 0 0 2 6 4 2 4 3 4 25 AGGRAVATED MURDER 0 0 0 0 0 0 0 0 0 0 ANIMAL ORDINANCES 0 0 0 2 0 0 1 3 2 B ARSON 0 0 0 0 0 0 0 0 0 0 ASSAULT SIMPLE 12 5 14 15 11 14 19 11 9 110 ATTEMPTED MURDER 0 0 0 0 0 0 0 1 0 1 BOMB THREAT 0 0 0 0 0 0 0 0 0 0 BRIBERY 0 0 0 0 0 0 0 0 0 0 BURGLARY - BUSINESS 0 0 0 0 0 0 0 0 0 0 BURGLARY OTHER STRUCTURE 0 4 0 0 0 0 0 0 0 4 BURGLARY RESIDENCE 1 9 4 0 0 1 1 0 0 16 CHILD ADBANDOMENT 0 0 0 0 0 0 0 0 0 0 CHILD NEGLECT 2 0 0 3 0 3 2 0 0 10 CITY ORDINANCE 0 0 3 0 0 0 1 0 0 4 CRIME DAMAGE-NO VANDALISM OR ARSON 4 4 1 0 6 0 0 2 0 17 CURFEW 0 2 7 0 7 1 2 1 0 20 CUSTODIAL INTERFERENCE 0 0 0 0 0 0 0 0 0 0 CUSTODY DETOX 2 1 0 3 1 1 2 1 0 11 CUSTODY - MENTAL 1 1 1 1 1 0 0 1 1 7 CUSTODY - PROTECITVE 0 0 1 0 0 0 0 0 0 1 DISORDERLY CONDUCT 4 5 6 15 7 8 11 4 5 65 DOCUMENTATION 0 0 0 0 0 0 0 0 0 0 DRINKING IN PUBLIC 0 2 5 0 0 0 1 0 0 8 DRIVING UNDER INFLUENCE 12 11 18 6 7 10 15 22 10 111 DRUG LAW VIOLATIONS 25 19 22 19 28 30 21 14 10 IBB DRUG PARAPHERNALIA 0 0 0 0 0 0 0 0 1 1 DWS/REVOKED - FELONY 0 0 0 0 0 0 0 0 0 0 t.) DWS/REVOKED-MISDEMEANOR 5 7 4 4 3 4 6 3 4 40 ELUDE 0 1 3 1 0 0 1 1 1 8 0 EMBEZZLEMENT 0 0 0 0 0 0 0 1 0 1 ESCAPE FROM YOUR CUSTODY 0 1 1 0 0 0 0 0 0 2 EXTORTION/BLACKMAIL 0 0 0 0 0 0 0 0 0 0 FAIL TO DISPLAY OPERATORS LICENSE 5 8 7 1 2 3 5 4 2 37 FAMILY-OTHER 0 0 0 2 0 0 0 0 0 2 FORCIBLE RAPE 1 0 0 0 0 0 1 1 1 4 FORGERY/COUNTERFEITING 6 1 3 3 8 13 2 6 1 43 FRAUD ACCOUNT CLOSED CHECK 0 0 0 0 0 0 0 1 0 1 FRAUD BY DECEPTION/FALSE PRETENSES 0 0 0 5 0 0 0 1 0 6 FRAUD CREDIT CARD/AUTOMATIC TELLER MACHINE 0 0 0 1 0 0 0 0 0 1 FRAUD IMPERSONATION 0 1 1 0 1 1 2 1 3 10 FRAUD NOT SUFFICIENT FUNDS CHECK 0 0 0 0 0 0 0 0 0 0 FRAUD OF SERVICES/FALSE PRETENSES 0 0 0 1 0 0 0 0 0 1 FRAUD WIRE 0 0 0 0 0 0 0 0 0 0 FRAUD-OTHER 0 0 0 0 0 0 0 0 0 0 FUGITIVE ARREST FOR ANOTHER AGENCY 28 46 40 42 30 33 48 37 30 334 FURNISHING 2 0 4 0 0 2 1 1 2 12 GAMBLING GAMES 0 0 0 0 0 0 0 0 0 0 GAMBLING - OTHER 0 0 0 0 0 0 0 0 0 0 GARBAGE LITTERING 3 0 1 0 3 0 1 1 0 9 HIT AND RUN FELONY 0 0 0 0 1 1 0 0 1 3 HIT AND RUN-MISDEMEANOR 1 0 2 2 5 3 3 4 2 22 ILLEGAL ALIEN - INS HOLD 0 0 1 0 0 0 0 0 0 1 Woodburn Police Dept. PAGE 2 DATE: 10/17/2007 PL6850 TIME: 10:25:40 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU SEPTEMBER 2007 SCOTTRU ORI#: OR0240500 WPD RESULTS FOR ALL CHARGES CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL -- --- ------------------ - - - - - - - - - - - - - - - ------------------ -- ------- - ------------- ------ -- - - - --- - - - ---- --- -- - ------- -- - --- --------- INTIMIDATION /OTHER CRIMINAL THREAT 2 0 4 3 2 3 4 3 2 23 JUSTIFIABLE HOMICIDE 0 0 0 0 0 0 0 0 0 0 KIDNAP FOR ADDITIONAL CRIMINAL PURPOSE 0 0 1 0 0 1 0 1 1 4 KIDNAP - FOR RANSOM 0 0 0 0 0 0 0 0 0 0 KIDNAP HI-JACK,TERRORIST 0 0 0 1 0 0 0 0 0 1 KIDNAP HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS 0 0 0 0 0 0 0 0 0 0 LICENSING ORDINANCES 0 0 0 0 0 0 0 0 0 0 LIQUOR LAW-OTHER 0 0 0 0 0 0 0 0 0 0 LIQUOR LICENSE VIOLATIONS 0 0 0 0 0 0 0 0 0 0 MINOR IN POSSESSION 3 1 33 0 3 6 11 11 10 78 MINOR ON PREMISES 0 0 0 0 0 0 0 0 0 0 MISCELLANEOUS 0 0 0 0 0 0 0 0 0 0 MOTOR VEHICLE THEFT 0 3 0 1 0 0 3 1 0 8 NEGLIGENT HOMICIDE - TRAFFIC 0 0 0 0 0 0 0 0 0 0 NEGLIGENT MANSLAUGHTER 0 0 0 0 0 0 0 0 0 0 NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 0 0 0 0 0 0 OTHER 12 14 8 10 13 12 10 13 5 97 PROPERTY - FOUND LOST MISLAID 0 0 0 0 0 0 0 0 0 0 PROPERTY RECOVER FOR OTHER AGENCY 0 0 0 0 0 0 0 0 0 0 PROSTITUTION COMPEL 0 0 0 0 0 0 0 0 0 0 PROSTITUTION - ENGAGE IN 0 0 0 0 2 0 0 0 0 2 PROSTITUTION . PROMOTE 0 0 0 0 0 0 0 0 0 0 PUBLIC HEALTH AND SAFETY ORDINANCES 0 0 0 0 0 0 0 0 0 0 RECKLESS DRIVING 2 2 4 2 3 2 3 5 4 27 ROBBERY BANK 0 0 0 0 0 0 0 0 0 0 ROBBERY BUSINESS 0 0 0 0 1 2 0 0 1 4 ROBBERY CAR JACKING 0 0 0 0 0 0 0 0 0 0 t..) ROBBERY - CONV.STORE 0 0 0 0 0 0 0 0 0 0 ROBBERY HIGHWAY 0 0 0 0 0 0 0 0 0 0 .... ROBBERY OTHER 0 0 1 0 0 0 2 1 0 4 ROBBERY RESIDENCE 0 0 0 0 0 0 0 0 0 0 ROBBERY SERVICE STATION 1 0 0 0 0 0 0 0 0 1 RUNAWAY 1 1 0 0 0 0 1 0 2 5 SEX CRIME CONTRIBUTE TO SEX DELINQUENCY 0 0 0 0 0 0 0 0 0 0 SEX CRIME EXPOSER 0 0 0 2 2 0 0 0 0 4 SEX CRIME FORCIBLE SODOMY 0 0 0 0 0 0 0 0 0 0 SEX CRIME INCEST 0 0 0 0 0 0 0 0 1 1 SEX CRIME MOLEST (PHYSICAL) 1 0 0 1 0 1 0 1 1 5 SEX CRIME NON FORCE SODOMY 0 0 0 0 0 0 0 0 0 0 SEX CRIME NON-FORCE RAPE 0 0 0 0 0 0 0 0 0 0 SEX CRIME OBSCENE PHONE CALL 0 0 0 0 0 0 0 0 0 0 SEX CRIME OTHER 0 0 0 0 0 0 0 0 0 0 SEX CRIME PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 0 0 0 0 0 0 0 SEX CRIME SEXUAL ASSAULT WITH AN OBJECT 0 0 0 0 0 1 1 0 0 2 STALKER 0 0 0 0 0 0 0 0 0 0 STOLEN PROPERTY RECEIVING,BUYING,POSSESSING 1 1 0 3 1 1 1 0 1 9 SUICIDE 0 0 0 0 0 0 0 0 0 0 THEFT BICYCLE 1 1 0 0 0 0 1 0 0 3 THEFT - BUILDING 0 2 0 0 0 0 0 0 1 3 THEFT COIN OP MACHINE 0 0 0 0 0 0 0 0 0 0 THEFT FROM MOTOR VEHICLE 1 0 0 0 6 0 0 0 0 7 THEFT MOTOR VEHICLE PARTS/ACCESSORIES 0 0 0 0 0 0 0 0 0 0 Woodburn Police Dept. PAGE 3 DATE: 10/17/2007 PL6850 TIME: 10:25:40 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU SEPTEMBER 2007 SCOTTRU ORI#: OR0240500 WPD RESULTS FOR ALL CHARGES CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - ---------- - - - -- - - - - - - - - - - - - - -- - - - - -- - - - - - - - - - - -- -- - - - - - - - - - - - -- - - - - - - - - - - - - - -. -- - - - - - -- - - - - - - - - THEFT OTHER 1 0 3 5 2 1 0 0 0 12 THEFT - PICKPOCKET 0 0 0 0 0 0 0 0 0 0 THEFT - PURSE SNATCH 0 0 0 0 0 0 0 0 0 0 THEFT SHOPLIFT 3 1 7 13 9 27 11 17 6 94 TRAFFIC ORDINANCES 0 1 0 0 0 0 0 0 0 1 TRAFFIC VIOLATIONS 33 38 54 21 23 33 30 54 21 307 TRESPASS 13 12 9 7 8 6 7 7 1 70 VANDALISM 0 0 9 0 1 6 3 3 3 25 VEHICLE RECOVERD FOR OTHER AGENCY 0 0 0 0 0 0 0 0 2 2 WARRANT ARREST FOR OUR AGENCY 0 1 0 0 1 0 2 0 0 4 WEAPON CARRY CONCEALED 2 3 3 0 1 1 0 2 0 12 WEAPON EX FELON IN POSSESSION 0 1 0 0 0 1 0 0 0 2 WEAPON OTHER 0 2 1 0 0 0 0 0 0 3 WEAPON POSSESS ILLEGAL 2 1 2 0 2 1 2 2 0 12 WEAPON SHOOTING IN PROHIBITED AREA 0 0 1 0 0 0 0 0 0 1 WILLFUL MURDER 0 0 0 0 0 0 1 0 0 1 ZONING ORDINANCE 0 0 0 0 0 0 0 0 0 0 -- ----------------------- ----------------------------------------------------------------------------------------------------------- 2007 TOTAL: 193 213 291 201 205 235 243 246 151 0 0 0 1978 2006 TOTAL: 213 218 322 253 223 226 267 226 192 0 0 0 2140 2005 TOTAL: 129 149 144 234 241 231 237 250 206 0 0 0 1821 to.) to.) Woodburn Police Dept. DATE: 10/17/2007 TIME: 10:25:50 ORI#: OR0240500 WPD DATE USED: OFFENSE DATE MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU SEPTEMBER 2007 RESULTS FOR ALL OFFENSES CHARGE DESCRIPTION ~ CN AGGRAVATED ASSAULT ANIMAL ORDINANCES ASSAULT SIMPLE ATTEMPTED MURDER BURGLARY BUSINESS BURGLARY OTHER STRUCTURE BURGLARY RESIDENCE CHILD NEGLECT CITY ORDINANCE CRIME DAMAGE-NO VANDALISM OR ARSON CURFEW CUSTODY . DETOX CUSTODY MENTAL CUSTODY PROTECITVE DISORDERLY CONDUCT DOCUMENTATION DRINKING IN PUBLIC DRIVING UNDER INFLUENCE DRUG LAW VIOLATIONS DRUG PARAPHERNALIA DWS/REVOKED-MISDEMEANOR ELUDE EMBEZZLEMENT ESCAPE FROM YOUR CUSTODY EXTORTION/BLACKMAIL FAIL TO DISPLAY OPERATORS LICENSE FAMILY-OTHER FORCIBLE RAPE FORGERY/COUNTERFEITING FRAUD ACCOUNT CLOSED CHECK FRAUD . BY DECEPTION/FALSE PRETENSES FRAUD CREDIT CARD/AUTOMATIC TELLER MACHINE FRAUD IMPERSONATION FRAUD NOT SUFFICIENT FUNDS CHECK FRAUD OF SERVICES/FALSE PRETENSES FUGITIVE ARREST FOR ANOTHER AGENCY FURNISHING GARBAGE LITTERING HIT AND RUN FELONY HIT AND RUN-MISDEMEANOR INTIMIDATION /OTHER CRIMINAL THREAT KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE KIDNAP HI JACK,TERRORIST LICENSING ORDINANCES MINOR IN POSSESSION MISCELLANEOUS MOTOR VEHICLE THEFT OTHER PROPERTY - FOUND LOST MISLAID PROPERTY RECOVER FOR OTHER AGENCY PROSTITUTION ENGAGE IN JAN o 2 12 o 3 2 7 I 4 36 o 2 I o 3 o o 12 27 o 5 o o o o 4 o o 8 o o o o o 1 27 2 2 o 8 1 o o 2 3 33 7 16 23 o o FEB 1 3 7 o 1 4 10 I 5 26 1 1 1 o 3 2 2 11 20 o 7 o o 1 o 8 1 o 4 o o o 2 1 1 44 o o 2 6 o o o 2 1 13 14 12 22 1 o MAR 4 1 12 o 1 3 6 1 8 27 5 o 1 2 5 o 4 17 19 o 2 3 o 1 1 6 o 1 5 o o o 1 o 1 36 5 1 o 10 1 1 o 1 5 5 12 8 23 1 o APR 2 5 12 o 1 2 2 1 o 13 o 3 1 o 7 1 1 7 16 o 4 o 1 o o 1 1 o 6 1 3 4 o o o 38 o o o 8 o o 1 o o 9 6 9 17 1 o MAY 3 12 7 o 2 o 6 o 4 IS 2 1 1 o 5 o o 7 14 o 3 o o o o 2 o o 15 o 1 o o o o 30 o 3 1 16 1 1 o 3 2 11 4 11 16 1 1 JUN 1 15 14 o 4 2 5 2 6 11 1 1 o o 5 o o 10 19 o 4 1 o o o 3 o o 16 o o 2 1 o o 32 2 o 1 15 3 1 o o 3 2 5 9 20 1 o JLY 5 6 18 2 1 1 9 3 1 11 1 2 o o 10 o 1 14 15 o 6 1 o o o 5 o 2 3 o 1 1 4 o o 38 1 1 o 16 2 1 o o 2 7 5 6 20 o o PAGE PL6860 SCOTTRU AUG SEP TOTAL 5 6 11 o 1 2 7 o 1 20 1 1 2 o 4 o o 21 10 o 3 1 2 o o 3 o 2 10 2 1 5 2 o o 37 1 1 o 19 o o o o 6 7 3 13 19 o o 24 55 108 2 18 17 57 10 29 190 11 11 8 2 47 3 8 109 151 1 37 8 3 2 1 34 2 5 70 3 6 14 16 1 4 312 13 8 5 117 10 5 1 8 26 93 61 90 175 6 1 3 5 15 o 4 1 5 1 o 31 o o 1 o 5 o o 10 11 1 3 2 o o o 2 o o 3 o o 2 6 o 1 30 2 o 1 19 2 1 o o 4 6 5 6 15 1 o Woodburn Police Dept. DATE: 10/17/2007 TIME: 10:25:50 ORI#: OR0240500 WPD DATE USED: OFFENSE DATE MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU SEPTEMBER 2007 RESULTS FOR ALL OFFENSES CHARGE DESCRIPTION tI) 4lo PUBLIC HEALTH AND SAFETY ORDINANCES RECKLESS DRIVING ROBBERY BUSINESS ROBBERY HIGHWAY ROBBERY OTHER RUNAWAY SEX CRIME SEX CRIME SEX CRIME - SEX CRIME SEX CRIME SEX CRIME SEX CRIME SEX CRIME STALKER STOLEN PROPERTY - RECEIVING,BUYING,POSSESSING SUICIDE THEFT BICYCLE THEFT BUILDING THEFT COIN OP MACHINE THEFT FROM MOTOR VEHICLE THEFT MOTOR VEHICLE PARTS/ACCESSORIES THEFT OTHER THEFT PICKPOCKET THEFT PURSE SNATCH THEFT SHOPLIFT TRAFFIC ORDINANCES TRAFFIC VIOLATIONS TRESPASS VANDALISM VEHICLE RECOVERD FOR OTHER AGENCY WARRANT ARREST FOR OUR AGENCY WEAPON CARRY CONCEALED WEAPON EX FELON IN POSSESSION WEAPON OTHER WEAPON POSSESS ILLEGAL WILLFUL MURDER ZONING ORDINANCE CONTRIBUTE TO SEX DELINQUENCY EXPOSER FORCIBLE SODOMY INCEST MOLEST (PHYSICAL) NON-FORCE RAPE PORNOGRAPHY/OBSCENE MATERIAL SEXUAL ASSAULT WITH AN OBJECT TOTAL: 2007 TOTAL: 2006 TOTAL: 2005 TOTAL: 376 444 429 JAN o 1 1 o 3 4 2 o o o 2 o o o o o 1 3 2 1 21 8 13 o o 5 o 11 6 31 3 o 2 o o 2 o o 376 FEB 17 2 o o 1 4 o o 1 o 2 o o o o 1 1 2 o o 34 5 9 o o 3 1 20 11 49 5 1 2 1 2 o o 1 416 4BB 416 432 386 488 499 377 MAR 14 3 o o 1 4 o o o o 3 1 o o 1 o o o 3 o 27 16 14 o 1 6 o 26 9 103 1 o 3 o o 1 o 5 325 325 464 359 APR 10 2 o 1 o 4 o 1 o o o o o o o 1 o o 6 o 14 6 18 o o 9 1 12 9 41 1 o o o o o o 5 360 411 508 MAY 13 2 o o 1 6 o 1 o o 3 o 1 o o o o 1 4 o 20 5 12 o o 9 2 9 10 50 o 2 1 o o 3 o 4 360 398 379 481 JUN 23 2 2 o 2 5 o o o o 6 o o 2 o o o o 2 o 24 3 8 o o 25 1 11 6 51 4 o 2 o o o 1 1 39B 382 428 429 JLY 3 3 o o 1 4 o o o o 3 o o 1 o 1 o 4 2 o 16 3 19 o o 12 1 25 7 45 3 3 o o o 3 o 1 3B2 41B 418 349 412 AUG 6 6 o o 1 4 1 o o 1 3 o o o o 1 o 2 2 o 33 5 16 o 1 15 2 29 7 50 o o 2 o o 2 o o 351 351 320 371 SEP o 4 1 o 1 6 o o o o 2 o o o o o o 2 2 o 41 3 15 2 o 8 3 9 4 40 4 o o o o o o o o o o o o o PAGE 2 PL6860 SCOTTRU TOTAL 86 25 4 1 11 41 3 2 1 1 24 1 1 3 1 4 2 14 23 1 230 54 124 2 2 92 11 152 69 460 21 6 12 1 2 11 1 17 3514 o o o 3514 3726 3752 ~ WOODBURN SF A~'~ /n'.'p.,."d '889 . . October 22, 2007 TO: Mayor and City Council through City Administrator FROM: Scott Russell, Chief of pOlice~ SUBJECT: Code Enforcement Statistics - September 2007 RECOMMENDATION: Receive the Report BACKGROUND: The attached reports list the Code Enforcement Incidents for the month of September 2007. DISCUSSION: The statistics have been gathered from the Police Departments Records Management System. Code Enforcement Statistics are displayed to show the amount of incidents handled by Code Enforcement for the month of September 2007. FINANCIAL IMPACT: None Agenda Item Review: City Administrator City Attorney ~ Financ 25 Code Enforcement 5tatisitcs 5e tember 2007 Incident Type Total Abandon Vehicles 17 Abate Nusiance 14 Animal Complaints 66 Business License Check 7 Tall Grass 2 Ordinance Violation 41 Area Check 14 Other 19 Total of All Incidents 180 26 ~ WOODBURN 1"0I1'0Id/l4 /889 8G A~'~ . . October 22,2007 FROM: Honorable Mayor and City Council through City Administrator Randy Rohman. Acting Public Works Directovdf ~ Highway 214/Settlemier Avenue/Boones Ferry Road Project Update TO: SUBJECT: INFORMATION: The ODOT project (with City cost sharing) for the Boones Ferry/Settlemier/Highway 214 intersection was originally scheduled for completion in the 2006 construction season. ODOT requirements to accomplish high priority bridge projects with legislative deadlines originally delayed the project. Previously it had been anticipated the bidding for this project would be completed this month but ODOT required a review to ensure that the decision not to conduct an environmental review was correct. The review completed an environmental prospectus that concluded no further environmental work was required. There were also changes required to be made to the signal and sign portions of the plan from the final review of the project plans. The City's consultant has not been responsive completing these changes and the consultant's delays have resulted in final plans and specifications not being ready for bid advertisement at this time. The consultant is still completing final modifications to the plans. The project is now scheduled for bid award on January 17, 2008 and will be advertised in December 2007. Project plans will not be ready for December 6, 2007 bid date and ODOT bid dates in mid December and early January are full or restricted leaving the January 17, 2008 date the first that the project can be ready for. ODOT normally takes approximately 45 days to award a contract. It is anticipated that work would begin in Spring 2008 as soon as weather and conditions permit commencement of the work. The City installed as part of a separate project a temporary signal that did improve intersection operations by removing the previous split phase signal. The remaining intersection project will install a permanent signal, make safety and operational improvements on Settlemier Avenue and Highway 214. The project will also add a dedicated right turn lane 0 Highway 214 east of the intersection. Agenda Item Review: City Administrator City Attorney Finane 27 llA . . Beery Elsner & Hammond LLP n~TT ..- ..u ~ ..l.. ..l.. MEMORANDUM TO: CITY COUNCIL I CITY OF WOODBURN FROM: SPECIAL LEGAL COUNSEL'S OFFICE SUBJECT: ASSIGNMENT OF WILLAMETTE BROADBAND CABLE FRANCHISE DATE: OCTOBER 16,2007 STATEMENT OF ISSUE: The City is being requested to approve the assignment of a cable television franchise from Willamette Broadband, LLC to WaveDivision VII, LLC. RECOMMENDED ACTION: Approve the proposed Assignment of Cable Franchise Consent Agreement. DISCUSSION: Federal and local laws require cable companies to obtain a franchise from the City prior to using City streets to construct and operate cable television systems. In 1992, The City granted a franchise to Northland Cable Television, Inc. That franchise bas been assigned a number of times, most recently to Willamette Broadband, LLC. Willamette Broadband, LLC constructed and has operated a cable system since that time under the brand name of Willamette Broadband. Willamette Broadband also obtained cable franchises from Canby, Clackamas County, Gervais, Hubbard, Molalla, Stayton, and Willamina, among others. On June 22, 2007, Willamette Broadband and WaveDivision Holdings, LLC ("WH") entered into an agreement whereby Willamette Broadband agreed to sell its local cable television system to WH. WH bas created a wholly-owned subsidiary, WaveDivision VII, LLC ("Wave"), which will ultimately own and operate the system. The City's cable ordinance and the franchise agreement with Willamette Broadband require Willamette Broadband to obtain the City's consent prior to assigning the cable system to another. O:\Waaclbum\Wa". Braadband\W8 AllCnda Rcpalt.doo n ......, T T .J.J .L.J ..L .J.. t 503.226.7191 1750 SW Harbor Way SuIte 380 f 503.226.2348 Portland OR 97201-5106 e Info@gov-Iaw.com www.goy-Iaw.com 28 October 16, 2007 Page 2 company. On July 11,2007, Willamette Broadband submitted an application seeking the Citfs consent to the assign to WH's subsidiary, Wave. WH is a Cable and broadband services company headquartered in Kirkland, Washington. WH currently serves approximately 245,000 subscribers in Washington, various regions of California and is currently moving into many regions of Oregon. WH has provided infonnation to City staff demonstrating that it has sufficient expertise and financing to properly operate the cable system in W oodbum. WH has successfully operated a growing cable business over the past several years. Steve Weed, WH's CEO, as well as other senior management have many years of management experience with other telecommunications companies. A majority of WH is owned by Sandler Capital Partners V, a $685 million private equity partnership association with Sadler Capital Management. Customer service calls will be handled by Wave's call center in Kirkland, WA. Wave plans to retain most of the current local employees. Wave is also seeking approval of the assignment by Canby, Clackamas County, Gervais, Hubbard, Molalla, Mt. Angel, Oregon City, Sandy, Stayton, and Willamina, among others. Staff in all the agencies we represent in this matter have recommended approval of the assignment. The councils and commissions for each of these municipalities are expected to approve the assignment as the regular meetings arise for each council or commission. ALTERNATIVES: 1. Deny the assignment application. 2. Propose modifications to the Consent Agreement. FINANCIAL IMPACTS: None. DOCUMENTS ATIACHED: 1. Proposed resolution approving the assignment. 2. Proposed Assignment of Cable Franchise Consent Agreement. COUNCIL ACTION NEEDED: O:\Woodbum\Wow Braadband\WB AlI'nda Reportdao "D~TT .u.LJ~~ 29 October 16, 2007 Page 3 Move to approve the resolution approving the assignment of the cable franchise from Willamette Broadband to Wave Broadband. TS/sg Enclosure cc: Ben Gillespie, Finance Director O;\WaadlJum\WlIwl3ralIlllt.AdIWB Ap"dll Rcpart.lIoc nT"TT . .J.J ..l...J .. ..L 30 RESOLUTION NO. CITY OF WOODBURN A RESOLUTION APPROVING ASSIGNMENT OF A CABLE FRANCmSE FROM WILLAMETI'E BROADBAND, LLC TO W A VEDMSION VII, LLC The City Council of the City of Wood bum resolves: Section 1. Findin2S. A. The City of Wood bum ~ granted to Northland Cable Television, Inc., (Northland) a franchise in 1992, to construct, maintain and operate a cable television system throughout the City (the Svstem); and B. Northland assigned the 1992 franchise to North Willamette Telecom, Inc. CNWTI, which assignment was consented to by City; and C. NWT changed its name to DirectLink of Oregon, Inc. (DirectLink) and negotiated a new franchise with the City (the Franchise); D. DirectLink assigned Franchise to Willamette Broadband, LLC, a Delaware limited liability company cmD, which assignment was consented to by City; and E. On June 22, 2007, WB entered an Asset Purchase Agreement (APA) in which WB agreed to sell and WaveDivision Vll, LLC, a Washington limited liability company, doing business as Wave Broadband (collectively Wave) agreed to purchase substantially all of the assets ofWB including the assignment to Wave of the System and the Franchise (Assiemnent). The Assignment will occur on the date of the closing of the transactions contemplated by the AP A (Closimz). Wave and WB anticipate Closing will occur on or about November 15,2007. F. Section 3.5 of the Franchise provides that neither a cable franchise nor a cable system may be transferred to another person without the approval of the City. G. On July 11,2007. WB and Wave submitted an application on FCC Form 394 (Apolication) in compliance with federal law and in accordance with the requirements of the Franchise and the laws of the City for the assignment ofWB franchise to Wave. WB and Wave have requested that the City consent to the Assi~ent. H. Wave and WB have agreed to enter into an Assignment of Cable Franchise Consent Agreement in substantially the form set forth as Exhibit A attached and made a part of this City of Woodburn Resolution No. Assignment ofCDblc Franchise 1 31 Resolution (Consent AlUeement) that requires Wave to comply with the terms of the Franchise from and after Closing and to continue to operate the cable system in a manner that benefits residents of City. Section 2. Oualifications. The Application demonstrates to the satisfaction of the City that Wave has the legal, technical, and financial qualifications to perform under the Franchise. Section 3. Consent. The City Council accepts the Application and consents to the Assignment effective upon the Closing, subject to Wave and WB executing the Consent Agreement. The City consent to this Assignment is not a waiver or release of any rights the City may have under the Franchise or any separate written agreement with WB for any act or omission arising or accruing prior to Closing. Section 4. Conditions. The consent to the Assignment granted by this Resolution is effective only on the satisfaction of the following conditions: a. Wave and WB must execute the Consent Agreement; and b, the Closing must occur before January 31, 2008. Section 5. Inter-Companv Transfers and Financinll-Related Actions. Wave may, without obtaining prior consent of the City from time to time: (a) assign or transfer its assets, including the Franchise, provided any assignment or transfer is to a parent or subsidiary of Wave or another entity under direct or indirect control of the parent of Wave; (b) restructure its debt or change the ownership interests among its equity participants or its affiliates; (c) pledge or grant a security interest in its assets, including but not liinited to the Franchise, or the equity or other ownership interests in Wave to any lender to secure indebtedness. Section 6. Compliance with City Reauirements. The Franchise, the Consent Agreement and this Resolution were approved and adopted in accordance with all applicable notice and procedure requirements under all laws applicable to the City, and with all applicable notice requirements. They do not conflict with the ordinances, resolutions or other requirements of the City that are presently or previously in effect. Section 7. Notice of Closing. Wave must notify the City in writing of the effective date of the Closing. City of Wood bum Resolution No. Assignment of Coble Franchise 2 .. f 32 Section 8. Authorization. The Mayor and City Administrator are authorized to execute the Consent Agreement and to take any further action needed to implement the Consent Agreement. Section 9. Effective Date. This Resolution takes effect immediately upon adoption. Approved and adopted by the City Council this 22ncl day of October, 2007. Mayor ATIEST: City Recorder City of Woodburn Resolution No. Assignment orCllblc Fl1II1chlsc 3 33 EXHIBIT A TO RESOLUTION NO. ASSIGNMENT OF CABLE FRANCmSE CONSENT AGREEMENT This Assignment of Cable Franchise Consent Agreement (AlUeement) is entered by Willamette Broadband, LLC, a Delaware limited liability company aflD, WaveDivision VII, LLC, a Washington limited liability company, doing business as Wave Broadband (Wave) and the City of Woodburn, an Oregon municipal corporation~. 1. Consent. Subject to the terms and conditions of this Agreement, the City consents to the Assignment Wave and WB each agree that the City acted on the Application in a timely manner under federal law. 2. Res~rvation of Rights. The City reserves all rights not expressly granted in this Agreement. In particular, and without limitation: 2.1. Except as permitted under the Franchise or this Agreement, no action or omission by the City at or before the execution of this Agreement, grants City consent to any future transfer of the Franchise or the System, or change in ownership or control of Wave. 2.2. As a result of the Assignment, the City does not waive any right to compliance by WB with the terms, condinons, requirements and obligations of the Franchise that arose or accrued prior to the Closing. 3. Compliance with Franchise. 3.1. Wave accepts, acknowledges, and agrees to be bound by all terms and conditions of the Franchise and to assume all the duties, liabilities and obligations of the franchisee that arise or accrue after the Closing. Wave further agrees that neither the Assignment nor City consent increase, diminish or otherwise effect Wave's commitments, duties, liabilities and obligations embodied in the Franchise, except as otherwise expressly provided by this Agreement The foregoing obligations include the obligation under the Franchise for Wave to make its books and records available to the City for inspection in accordance with the terms of the Franchise. 3.2. Wave agrees tQ comply with all provisions of the Franchise and all provisions of the Woodburn City Ordinances and federal and state law to the maximum extent required by law. 3.3. The City is not aware of any breach or default under the Franchise, or any event that could become a default with the passage of time. 4. Obligations of Wave and WH. In consideration of City consent to the Assignment, Wave absolutely, irrevocably and unconditionally agrees that from the Closing and thereafter it will fully and faithfully perform all of the terms, covenants, conditions and agreements contained in the Franchise subject to Applicable Law. For purposes of this Agreement, "Apolicable Law" means any law, statute, charter, ordinance, rule, regulation, code, Assignment of Coble Franchise Consent Agreement City of Woodburn 1 34 license I certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction, judgment, decree or other order that has been issued, executed, entered and applicable to the City, either specifically or by reference to a class including the City, by any court of competent jurisdiction or other federal or state department, commission, board or agency. The City releases WB, effective upon the Closing, from all obligations and liabilities (including any guarantee or surety) under the Franchise after Closing. 5. Representations and Warranties. 5.1. Each party represents and warrants that: A. It has investigated fully whether any benefit or advance will inure to it from the execution of this Agreement, and each party has determined that benefits will inure to it from this Agreement. B. This Agreement is legal, valid and binding and enforceable in accordance with its terms. C. It has full right, power and authority to execute and deliver this Agreement, and to perform its obligations, and all corporate or other action necessary to authorize the . execution and delivery of this Agreement. D; No approval, consent, exemption or other action, notice or filing with any governmental body or authority is required in copnection with the execution, delivery, . I. performance and enforcement of this Agreement. 5.2. Wave represents and warrants that: A. Its audited financial statements for the 12 months ended December 31, 2006 delivered to the City as part of the Application are true and correct in all respects, and fairly prescnt the financial position or results of operations, and no material adverse change has occurred in the financial condition of Wave since that date. B. The Franchise is legal, valid and binding and enforceable in accordance with its terms, subject to Applicable Law. C. Wave acknowledges and agrees that City consent to the Assignment is made in reliance upon the written information provided by Wave in the Application. The information concerning Wave in the Application is true and accurate, and omits no material information the absence ofwbich would cause the information provided to be materially misleading. D. At the time of execution of this Agreement Wave is duly organized, validly existing and in good standing under the laws of the state of Washington. and is qualified to do business within the State of Oregon. 5.3. The City represents and warrants that: Assignment or Cable Franchise Consent Agreement City of Woodburn 2 35 A. The Franchise was duly issued to WB, is legal, valid and binding and enforceable in accordance with its tenns, subject to Applicable Law, and is in full force and effect. B. Other than as set forth in this Agreement or the Resolution adopted by the City that incorporates this Agreement there have been no amendments or modifications to the Franchise. C. It has knowledge of no defaults under the Franchise, and no event has occurred and is continuing that with notice or passage of time could constitute a default under the Franchise. D. Upon the Closing, the duly authorized franchisee under the Franchise will be Wave. 6. RenewaL Except as specifically provided, this Agreement does not effect City authority to enforce the Franchise. This AgJ'eement has no effect on City authority to review, conditionally approve or deny the renewal of the franchise granted to Wave. This includes City authority to review any noncompliance or violation of the Franchise by Wave after Closing or the failure to meet community needs by Wave after Closing, and to conditionally approve or deny a renewal based on any such failure, noncompliance or violation. 7. Rates. Wave agrees that the Assignment will not result in an increase in the rate for basic cable service. This does not effect rate increases made in the ordinary course of business in compliance with local, state and federal law that are not caused by the Assignment. 8. PEG Access Financial Support and Uses of Funds. Wave agrees that it will continue to make Periodic PEG Access Capital Payments to the extent provided in Section 6.4.C of the Franchise and consistent with federal law. Wave agrees that the Periodic PEG Access Capital Payments (PEG Payments) are under the direction and control of the City, and may be used for PEG access purposes, including PEG access equipment (studio and portable production equipment, editing equipment and program playback equipment) or for renovation or construction of PEG access facilities. The City 'Will exercise its sole discretion as to the allocation of such resources among and within the public, educational and govermnental functions. Wave agrees that the PEG Payments will not be deemed to be "franchise fees" within the meaning of Section 622 of the Cable Act (47 D.S.C. ~S42), and such obligations will not be deemed to be (i) "payments in kind" or any involuntary payments chargeable against the Franchise Fees to be paid to the City by Wave under this Agreement or (ii) part of the Franchise Fees to be paid to the City by Wave under this Agreement] 9. Franchise Fees. Wave agrees that it will properly calculate franchise fees in accordance with the Franchise and state and federal law. 10. Transfer Costs. Wave and WB agree to reimburse the City for its reasonable legal costs in reviewing the Application to verify the legal, technical and financial qualifications Assignment of Cable Franchise Consent Agreement City of Woodburn 3 36 of Wave to perfonn under the Franchise, and to prepare the legal documents for approval of the transfer. . . 11. Enforcement. Any violation of this Agreement is a violation of the Franchise subject to the remedies provided by law or in equity. Any action to interpret or enforce any provision in this Agreement or the Franchise must be brought in a state or federal court of competent jurisdiction in Oregon. The parties agree to be subject to the jurisdiction of Oregon state and federal courts for such purposes. This Agreement is governed by the laws of the State of Oregon. 12. Authority. The persons executing this Agreement certify that they are authorized by the respective party to execute this Agreement and to bind that party. 13. Notices. All notices required or permitted under the Franchise must be delivered in the manner provided in the ,'Franchise, except that the address for the Franchisee is changed to the following: Wave Broadband 401 Kirkland Parkplace, Suite 500 Kirkland, W A 98033 Attention: Steve Weed and Jim Penney . 14. Insurance and Performance Guarantees. No later than 30 days after Closing, Wave must provide the City with (1) certificates of insurance and original endorsements evidencing the insurance coverage required under the Franchise, and (2) the perfonnance bond required by the Franchise. 15. Effect on Franchise. This Agreement has no effect on the Franchise except as specifically provided in this Agreement. 16. Counterparts. This Agreement may be executed in several counterparts each of which when so executed is an original copy I and all together constitute on agreement binding on all parties, notwithstanding that all parties may not have signed the same counterpart. 17. Binding Agreement. This Agreement binds and benefits the parties and their respective heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns. Any purported assignment of this Agreement is void without the express written consent of both other parties. 18. Reliance on Own Judgment. Each party represents that in executing this Agreement it relied solely on its own judgment; belief and knowledge, and upon the advice and recommendations of its own independently selected counsel, concerning the nature, extent and duration of its rights and claims, and that it has not been influenced in executing this Agreement by any other party or representative. This Agreement was not drafted by anyone party and will not be construed against any party. Assignment of Cl1ble Franchise Consent Agreement City of Wood bum 4 37 19. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the matters addressed. This Agreement may be modified only by written amendments signed by all parties. 20. Severability. If any provision of this Agreement is found invalid by a court, then the remainder of the Agreement remains in effect. City: CITY OF WOODBURN By: Name Printed: Title: Date: WB: WILLAMETTE BROADBAND, LLC By: Name Printed: Title: Date: Wave: Special Legal ~ 1 ~ ~=~:~l\~" W A VEDIVISION vn, LLC By: Name Printed: Title: Date: Assignment ofCllble Franchise Consent Agreement City of Woodburn 5 38 ~ WQ.Q:Q.BURN 1.''''.'4..4 /889 11B ~~ . . October 22, 2007 FROM: Honorable Mayor and City Counci~ #? John C. Brown, City Administrat~ TO: SUBJECT: Intergovernmental Agreement Related to Collecting School Construction Taxes RECOMMENDATION: It is recommended the City Council adopt the attached resolution authorizing the City Administrator to execute an intergovernmental agreement with the Woodburn School District related to collecting School Construction Taxes. BACKGROUND: Senate Bill 1036 (Attachment 1) was adopted by the 2007 legislature and went into effect on September 27, 2007. SB 1036 authorizes school districts to impose a tax of $1.00 per square foot on residential construction and $.50 per square foot on non-residential construction, and dedicates the resulting revenue to capital construction and improvements. Taxes collected for non-residential construction are limited to $25,000 per building permit or per structure, whichever is less. Construction such as public improvements, "affordable" housing that meets HUD guidelines, hospitals, churches, and certain agricultural buildings, are exempt from this tax. The tax can be implemented after a school district adopts resolutions to establish a facilities plan and to impose the tax. SB 1036 allows construction taxes imposed by a school district may be collected by another local government agency. An agreement between a district and that agency is required before taxes can be collected in this manner. SB 1036 authorizes the collecting agency to retain up to one percent of the taxes collected to offset its administrative costs. DISCUSSION: The Woodburn School District is considering imposing a school construction tax, and asked the City to collect the tax for it. Anticipated proceeds from the tax Agenda Item Review: City Administrator City Attorney Financ 39 Honorable Mayor and City Council October 22, 2007 Page 2 . . represent only a fraction of what is necessary to finance the District's facilities needs. The District views the tax as a financing tool of which it must take advantage, as part of its larger efforts to finance capital construction. Based on an analysis conducted by our Building Division, the District might expect to collect approximately $350,000 per year from the tax. This reflects averages based on, when available, five years worth of construction activity and valuation data and does not anticipate changes in trend. SB 1036 does not require the City to collect this tax, and there are reasons why the City might defer. It adds additional steps to the issuance of building permits, and creates accounting responsibilities. These include fee calculation, establishing, tracking, and reporting on segregated funds, distributing collected fees, payment processing, and auditing. Experience suggests many builders will not recognize the differences in charges as being City or School-based; the tax will most likely be indiscriminately viewed as the City's. As such, City staff will be required to explain the tax to builders who may not want to pay it. The workload impact that school construction tax-related builder education will have on City staff is unpredictable. Based on the time staff currently spends explaining the existing fee structure, it may be significant. On the other hand, it is more efficient to collect the tax for the District. If the District collects its tax, it will have to establish a process, create forms, and train staff. The City is already organized to collect fees, and can accommodate this collection by modifying its existing forms and procedures. Of equal, or greater, importance is the savings in time City collection provides a builder. If the District collects the tax, the builder must make multiple trips and payments. If the City collects, the builder can address all payments at one time and in the same place. For these reasons, it is recommended the City collect the tax for the District. The attached intergovernmental agreement defines the responsibilities of each party, and satisfies SB 1036. The agreement provides for collections between January 1,2008 and December 31,2011. The agreement also provides: . The City will provide the staff and forms to implement School Construction Tax collection; . The City will grant exemptions as provided by law; . The City will maintain the revenue that is collected, in an interest-bearing account separate from City funds, and convey it to the District on a quarterly basis or more frequently upon request; 40 Honorable Mayor and City Council October 22, 2007 Page 3 . . . The City will, on a quarterly basis at the same time as revenues are transferred, report to the District on building permit activity for the previous quarter, including the aggregate square footage of residential and non- residential construction, exemptions given, and amounts transferred; . The District will provide written information regarding the tax that can be used to educate builders; . The District will determine the validity of any exemptions granted by the City, and pursue collections for those exemptions it deems invalid; and . The District will indemnify the City for any actions arising from the City's performance under the agreement. With respect to compensation, SB 1036 allows the City to retain up to one percent of the value of school taxes collected to reimburse its administrative costs. Based on staff's five-year analysis of building activity, the City could retain approximately $3,500 per year for its services. Process analysis conducted by the Finance Department, which cannot accurately predict the time spent educating builders, suggests the City might spend about $1,300 less in 2007 dollars than the maximum allowed by law. Full cost recovery for services that do not benefit the public as a whole has generally been the Council's policy. In this case, however, an argument can be made that these services will benefit the public by providing the facilities necessary to educate the Community's youth, and by helping the District to offset costs that would otherwise be borne by taxpayers. At the same time, the City has recreation needs that can be addressed through a closer partnership with the District. Accordingly, the agreement provides the City will waive its right to retain administrative fees. In exchange, the District will provide its gymnasiums free of charge to the City's youth basketball league, and will provide an annual contribution to the Aquatic Center. This consideration is estimated by the City to have a 2007-08 value of approximately $2,200. The agreement also opens, for City recreation use, and the use of the Public, certain schools that are currently closed to the public at the end of the school day. This will allow the City and the public to take better advantage of District fields and play areas, and is consistent with the City's Comprehensive Plan. The compensation value of this portion of the agreement is incalculable, but will depend on how much additional use the City and the public will make of the available space. The greater value is in the coordination it will foster between the City and the District as a first step towards integrating each other's facility needs in our capital planning. 41 Honorable Mayor and City Council October 22, 2007 Page 4 . . SB 1036 requires an agreement between a District and the collecting agency, if the District does not perform its own collections. It also requires the District to adopt a resolution implementing the construction tax. The intergovernmental agreement provides, pursuant to Oregon law, that the City will not commence collection until it determines the resolution adopted by the District meets the requirements of the law. Staff obtained a copy of the proposed resolution, and will work with the District to assure any resolution adopted by the School Board can be implemented beginning in January 2008. FINANCIAL IMP ACT: Based on City staff's analysis, the District might expect to collect $350,000 per year in construction taxes. Up to $3,500 of that amount could be retained by the City to offset administrative costs. A conservative estimate of these costs, in 2007 dollars, is $2,200. As previously indicated, the agreement provides the City will waive its right to retain administrative charges for the term of the agreement. Consideration in exchange for this waiver, free use of gymnasium space for youth basketball league play, and an annual contribution to the Aquatic Center is estimate to have a value roughly equal to the City's estimated administrative costs. 42 74th OREGON LEGISLATIVE ASSEMBLY-2007 Regular Sell8ion ATTACHMENT Page I of I :; B-Engrossed Senate Bill 1036 Ordered by the House JUDe 13 Including Senate Amendmenta dated May 8 and House Amendmenta dated June 13 Sponsored by Senator DECKERT; Senatol'l BATES, BROWN, BURDICK, DEVLIN, JOHNSON, METSGER, MONNES ANDERSON, MONROE, MORSE, PROZANSKI, STARR, WALKER, WESTLUND, WINTERS, Rep- resentatives BERGER, BEYER, BONAMICI, BOONE, BRUUN, BUCKLEY, BURLEY, CANNON, CLEM, DALLUM, DINGFELDER, FLORES, GALIZIO, GILLIAM, GREENLICK, HANNA, HOLVEY, HUNT, KOMP, KRUMMEL, MACPHERSON, MERKLEY, NOLAN, READ, RILEY, ROBLAN, SCHAUFLER, SCOTT, SHIELDS, G SMITH, P SMITH SUMMARY The following summary is not prepared by the SpoDSOI'I of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure. Restricts local government power to impose construction excise taxes. Authorizes school dis- tricts to impose construction taxes. Dedicates revenues from such taxes to capital construction. Authorizes school district to pledge construction tax. to payment of obligations issued to finance or refinance capital improvements. Declares emergency, effectIve on passage. 1 A BILL FOR AN ACT 2 Relating to local government construction excise taxes; and declaring an emergency. 3 Be It Enacted by the People of the State of Oregon: 4 SECTION 1. (1) A local govel'lUllent or local. service district, as defined in OKS 174.118, 5 or a special govel'lUllent body, as defined in OKS 174.117, may not impose a tax on the privi- 6 lege of constructing improvements to real property except as provided in sections 2 to 8 of 7 this 2007 Act. 8 (2) Subsection (1) of this section does not apply to: 9 (a) A tax that is in effect as of May 1,2007, or to the extension or continuation of such 10 a tax, provided that the rate of tax does not increase from the rate in effect as of May 1, 11 2007; 12 (b) A tax on which a public hearing was ~e1d before May 1, 2007; or 13 (c) The amendment or increase of a tax adopted by a county for transportation purposes 14 prior to May 1,2007, provided that the proceeds of such a tax continue to be used for those 15 purposes. 16 (3) For purposes of this section and sections 2 to 8 of this 2007 Act, construction taxes 17 are limited to privilege tax. imposed under sections 2 to 8 of this 2007 Act and do not in- 18 elude any other financial obligations such as building permit fees, financial obligations that 19 quality as system development charg. under OKS 223.297 to 223.314 or financial obligations 20 imposed on the basis of factors such as income. ., 21 SECTION 2. (1) Construction taxes may be imposed by a school district, as defined in 22 OKS 330.0060 in accordance with sectioD.8 2 to 8 of this 2007 Act. 23 (2) Notwithstanding subsection (1) of this section, construction taxes imposed by a school NOTE: Matter in boldfaced type in an amended section ia new; matter [italic and brachted] ia existinllaw to be omitted. New sectiona are in boldfaced type. LC 3788 43 B-Eng. SB 1036 ATTACHMENT I Page -2::- of ') 1 district may be collected by another local government, local service district or special gov. 2 erDment body pursuant to a written aereement with a school district. 3 SECTION 3. Construction tau. may not be imposed on the followinJ: 4 (1) Private school improvements. 5 (2) Public improvements 88 defined in ORB 279A.OI0. 6 (3) Residential housing that is JUBr8Dteed to be affordable, under guidelines established 7 by the United States Department of HousinJ and Urban Development, to households that 8 earn no more than 80 percent of the median household income for the area in which the 9 construction but is imposed, for a period of at least 80 years following the date of con. 10 struction of the residential housing. n (4) Public or private hospital improvements. 12 (5) Improvements to religious facilities primarily used for worship or education 88soci. 13 ated with worship. 14 (6) Agricultural buildings, 88 defined in ORB 455.315 (2)(a). 15 (7) Public or private improvements on brownfielda, as defined in ORB 285A.185, that: 16 (a) Are located in cities that serve as county seats and have a population of more than 17 20,000 but fewer than 26,000 inhabitanta, according to the latest federal decennial census; and 18 (b) Have known or potential contamination from hazardous substances as shown in the 19 Environmental Cleanup Site 1Df0rmation (ECSn Database of the Department of Environ. 20 mental Quality. 21 SECTION 4. (1) Construction taxes imposed under sections 2 to 8 of this 2007 Act may 22 be imposed only on improvements to real property that result in a new structure or addi. 23 tional square footage in an existing structure and may not exceed: 24 (a) $1 per square foot on structure. or portions of structurea intended for residential use, 25 including but not limited to single-unit or multiple-unit housing; and 26 (b) $0.50 per square foot on structure. or portions of structure. intended for nonresi. 'J:1 dential use, not including multiple-unit housing of any kind. 28 (2) In addition to the limitations under subsection (1) of this section, a construction tax 29 imposed on structure. intended for nonresidential use may not exceed $25,000 per building 30 permit or $25,000 per structure, whichever is les.. 31 (3)(a) For years beginning on or after June 30, 2009, the limitations under subsections (1) 32 and (2) of this section shall be adjusted for changes in construction costs by multiplying the 33 limitations set forth in subsections (1) and (2) of this section by the ratio of the averaged 34 monthly construction cost index for the 12-month period ending June 30 of the preceding 35 calendar year over the averaged monthly construction cost index for the 12-month period 36 ending June 30, 2008. 37 (b) The Department of Revenue shall determine the adjusted limitations under this sec. 36 tion and shall report those limitations to entities imposing construction taxes. The depart- 39 ment shall round the adjusted limitation under subsection (2) of this section to the nearest 40 multiple of $100. 41 (c) M used in this subsection, "construction cost index" means the Engineering New.. 42 Record Construction Cost Index, or a similar nationally recognized index of construction 43 costa 88 identified by the department by rule. 44 SECTION 5. (1) A school district imposing a construction tax shall impose the tax by a 45 resolution adopted by the district board of the school district. The resolution shall state the [2) 44 B-Eng. SB 1036 ATTACHMENT Page -L of " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 'J:1 28 29 30 31 32 33 34 35 36 ~ rates of tu, subject to section 4 of this 2007 Act. (2) Prior to adoptinl a resolution under subsection (1) of this section, a school district shall enter into an interlovernmental apoeement with each local government, local service district or special government body collectinl the tu that establishes: (a) Collection duties and responsibilities; (b) The specific school district accounts into which construction tax revenues are to be deposited and the frequency of such deposits; and (c) The amount of the administrative fee that the entity collectinl the tu may retain to recoup ita expensea in collectinJ the tu, not to e:a:ceed one percent of tu revenue.. SECTION 8. (l) After deductinl the costs of administerinl a construction tu and pay- ment of refunds of such tues, a school district shall UH net revenue. only for capital im- provements. (2) A construction tu may not be imposed under sections 2 to 8 of this 2007 Act unle.. the school district imposinl the tu develops a lonl-term facilities plan for makinl capital improvements. The plan shall be adopted by resolution of the district board of the school district. (3) AIl used in this section, "capital improvements": (a) Means: (A) The acquisition of land; (B) The construction, reconstruction or improvement of school facilities; (C) The acquisition or installation of equipment, furnj.hinp or other tangible property; (D) The expenditure of funds for architectural, engineering, legal or similar costs related to capital improvements and any other e:a:penditures for assets that have a useful life of more than one year, or (E) The payment of obligations and related costs of issuance that are issued to finance or refinance capital improvements. (b) Doe. not include operating costs or costs ,of routine maintenance. SECTION 7. A school district may pledge construction tues to the payment of obli- gations issued to finance or refinance capital improvementa as defined in section 8 of this 200'7 Act. SECTION 8. Construction tues shall be paid by the person undertakinl the construction at the time that a permit authorizing the construction i. issued. SECTION 9. Section 1 of this 2007 Act is repealed on January 2, 2018. SECTION 10. This 2007 Act beinl necesaary for the immediate preservation of the peace, health and safety, an emergency is declared to e:a:ist, and this 2007 Act take. effect on its passage. [3] 45 ' COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH WOODBURN SCHOOL DISTRICT 103 FOR THE PURPOSE OF COLLECTING A CONSTRUCTION EXCISE TAX AS PROVIDED BY STATE LAW AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SAID AGREEMENT. WHEREAS, Senate Bill 1036 (Chapter 829, Oregon Laws 2007) was adopted by the 2007 Legislature and became effective on September 27,2007; and WHEREAS, this new legislation authorizes school districts, as defined in ORS 330.005, to impose a Construction Excise Tax to fund capital improvements to school facilities; and WHEREAS, Woodburn School District 103 wants to impose the Construction Excise Tax within the District and enter into an intergovernmental agreement with the City to collect the tax; and WHEREAS, ORS 190.003 to 190.030 allows units of local government to enter into intergovernmental agreements for the performance of any or all functions and activities which such units have authority to perform; and WHEREAS, Senate Bill 1036 contains certain legal requirements that must be complied with by both parties; and WHEREAS, the City and the District desire to enter into this Intergovernmental Agreement to comply with Senate Bill 1036 and to continue their long and productive working relationship, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an Agreement with Woodburn School District 103 for the collection of construction excise taxes as provided by state law. Section 2. That a copy of said Agreement is affixed to this Resolution as Attachment "A" and is by this reference incorporated herein. Page 1 - Council Bill No. Resolution No. 46 Section 3. That the City Administrator is hereby authorized to sign said Agreement on behalf of the City. City Attorney Itl\ \ 1\ toil 1- Date \ Approved as to form: 'I1.'!T AO Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 1 - Council Bill No. Resolution No. 47 ATTACHMENT (1 Page ..l- of '\ INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement is effective on the date of the last signature below, and is by and between the City of Woodburn ("the City"), an Oregon municipal corporation, and the Woodburn School District 1 03 ("the District"), a school district organized under the laws of the state of Oregon. WHEREAS, Senate Bill 1036 (Chapter 829, Oregon Laws 2007) was adopted by the 2007 Legislature and became effective on September 27, 2007; and WHEREAS, this new legislation authorizes school districts, as defined in ORS 330.005, to impose a Construction Excise Tax to fund capital improvements to school facilities; and WHEREAS, the District wants to impose the Construction Excise Tax within the District and enter into an intergovernmental agreement with the City to collect the tax; and WHEREAS, ORS 190.003 to 190.030 allows units of local government to enter into intergovernmental agreements for the performance of any or all functions and activities which such units have authority to perform; and WHEREAS, Senate Bill 1036 contains certain legal requirements that must be complied with by both parties; and WHEREAS, the City and the District desire to enter into this Intergovernmental Agreement to comply with Senate Bill 1036 and to continue their long and productive working relationship; NOW, THEREFORE, the Parties hereto agree as follows: SECTION 1 -INFORMATION AND FORMS The City shall provide all of the forms necessary to collect the Construction Excise Tax. The District will create and provide: information, forms, and assistance explaining the Construction Excise Tax; information and forms for exemptions; and any other forms or information necessary for implementation of the Construction Excise Tax. SECTION 2 - STAFFING The City shall provide sufficient staff to calculate and collect the Construction Excise Tax along with the collection of other permit fees. The District shall provide sufficient staff to implement the Construction Excise Tax program. Each party continues to remain responsible for the supervision of its own staff. IGA - WOODBURN SCHOOL DISTRICT PAGE 1 48 ATTACHMENT () Page ..2:- of L\ SECTION 3 - COLLECTION DATES AND TERM The City agrees to assess and collect the Construction Excise Tax on behalf of the District. The City will begin assessing and collecting the Construction Excise Tax on January 1, 2008, and will continue assessment and collection through December 31, 2011. If the City determines that the Resolution adopted by the District does not meet the requirements of Chapter 829, Oregon Laws, 2007, the City may not collect the Construction Excise Tax until such time as the Resolution meets these requirements. SECTION 4 - EXEMPTIONS If a person or entity asserts that it is exempt from the Construction Excise Tax and files a District Construction Excise Tax Exemption Form at the time the Construction Excise Tax would otherwise be due, the City shall grant the exemption. It shall be the District's responsibility to determine the validity of the exemption and to institute collection procedures to obtain payment of the Construction Excise Tax, as well as any other remedy the District may have under law, if the person or entity was not entitled to the exemption. SECTION 5 - REMITTANCE The City shall deposit all monies collected for the District in an interest-bearing account, and shall remit the collected Construction Excise Tax to the District. Remittance shall be quarterly, or more frequently upon special request by the District. Construction Excise Tax remittance and a Construction Excise Tax Report shall be sent to the District at 965 N. Soones Ferry Road, Woodburn, OR 97071. SECTION 6 - CONSTRUCTION EXCISE TAX REPORT Along with the Construction Excise Tax remittance, the City shall prepare and submit to the District a report of the Construction Excise Taxes and building permits issued for the previous quarter's construction activities. The report shall include: the number of building permits issued that quarter; the aggregate square footage of residential construction; the aggregate square footage of non-residential construction; the number of building permits for which Construction Excise Tax exemptions were given; and aggregate square footage of construction for the exempted construction; and the aggregate amount of Construction Excise Tax paid. SECTION 7 - FAILURE TO PAY CONSTRUCTION EXCISE TAX Construction taxes shall be paid by the person or entity undertaking construction at the time that the permit authorizing the construction is issued. Upon a person's or entity's refusal to or failure to pay the Construction Excise Tax when due, the City will not issue the permit. In no event shall the City be liable for failure to collect Construction Excise Tax when due. IGA - WOODBURN SCHOOL DISTRICT PAGE 2 49 ATTACHMENT I~ Page .L.. of U. SECTION 8 - RECORDS The City shall make all records related to building permit activity, Construction Excise Tax collections. and the exemptions available to the District, or its designated auditors, as necessary for the District to audit Construction Excise Tax collections. SECTION 9 - CONSIDERATION The City and the District understand that S8 1036 entitles the City to retain up to one percent (1%) of the School Construction Excise Tax collected to recoup its administrative expenses in collecting the tax. For the period of this Agreement, the City waives its right to collect this fee. As consideration for the above-described services, the District will make available to the City for its recreation programs and to the Public, with the exception of Washington Elementary School, all outdoor recreation spaces on each campus. Such space shall include playing fields, basketball courts, and other play areas and surfaces and shall be made available at no cost, when school is not in session and during the same hours as when the City parks are open. The District shall standardize all locks use to secure these grounds, and provide the City with the master key to those locks. The City shall, with the exception of Washington Elementary School, be responsible for securing School grounds each evening at the same time as the City parks are secured. The District also agrees to make available at no cost for youth basketball league play all indoor basketball courts in the various school facilities, and to make available at its cost other indoor and classroom space as may be needed or desirable for the City to conduct indoor recreational and education programs. Costs charged to the City shall include only the District's direct cost for custodial services and supplies necessary to accommodate such use. The City shall reserve indoor space in a form acceptable to the District at least two weeks in advance of use. The District also agrees to make an annual contribution of $1,000 to the Woodburn Memorial Aquatic Center, related to staffing, maintenance, and improvements needed to support the Woodburn High School men's and women's Swim and Water Polo teams. Said contributions shall be made on or before July 15, 200S, 2009, 2010, and 2011. SECTION 10 - GENERAL PROVISIONS This Agreement is binding on and inures to the benefit of the parties and their successors, and assigns. Except with the other party's prior written consent, a party may not assign any rights or delegate any duties under this Agreement. This Agreement may be amended only by an instrument in writing executed by all the parties. The headings used in this Agreement are solely for convenience of reference, are not part of this Agreement, and are not to be considered in construing or interpreting this Agreement. This Agreement sets forth the entire understanding of the parties with respect to the subject matter of this Agreement and supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to such subject matter. A provision of this Agreement may be waived only by a written instrument executed by the party waiving compliance. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or IGA - WOODBURN SCHOOL DISTRICT PAGE 3 50 ATTACHMENT A ,: _4._of <) not similar, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision of this Agreement shall not operate as a waiver of such provision or any other provision. From time to time, each of the parties shall execute, acknowledge, and deliver any instruments or documents necessary to carry out the purposes of this Agreement. Time is of the essence for each and every provision of this Agreement. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the parties to this Agreement, any right or remedy of any nature whatsoever. Each party shall bear its own expenses in connection with this Agreement and the transactions contemplated by this Agreement. SECTION 11 - DEFENSE AND INDEMNIFICATION The District agrees to defend, indemnify and hold harmless the City and its officers, agents and employees, against all claims and actions, and all damages and expenses related thereto, arising from the City's performance of this agreement, except for those caused by the sole negligence of the City or its officers and employees. IN WITNESS WHEREOF, the City and the District have executed this Agreement the day and year written. CITY OF WOODBURN: WOODBURN SCHOOL DISTRICT 103 By: By: John C. Brown Title: City Administrator Title: Date: Date: IGA - WOODBURN SCHOOL DISTRICT PAGE 4 51 ~-'\ ,.. --,. .... . . . WOODBURN lie A~'~ l.u'I'o,"ltd 1869 . . October 22, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Row, Community Services Director oJ e SUBJECT: Burlingham Park Grant Agreement RECOMMENDATION: Authorize the City Administrator to enter into a Local Government Grant Agreement from the Oregon Parks and Recreation Department. The $30,000 grant was awarded for the Burlingham Park Playground Replacement Project. BACKGROUND: In April 2007, the Community Services Department submitted a Local Government Grant application to the State of Oregon, requesting funding assistance for the Burlingham Park Playground Replacement Project. The City's grant application was approved in July 2007. DISCUSSION: The Recreation and Park Board considers implementation of the Playground Replacement Initiative to be their highest priority development project. The City Council adopted the Playground Replacement Initiative as a 2007-2009 Goal. This will be the third playground replacement project completed since this program was implemented in 2006. Project planning will begin in January 2008 and installation of the new playground will occur in May 2008. FINANCIAL IMPACT: The Local Government Grant Program requires a 50% local match. The City has committed to a non-cash, in-kind match of $35,000. Agenda Item Review: City Administrat City Attorney Financ 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 LOCAL GOVERNMENT GRANT PROGRAM GRANT AGREEMENT THIS AGREEMENT is made and entered into on the date of final signature of this agreement by and between the State of Oregon, acting by and through the Oregon Parks and Recreation Department, hereinafter referred to as the "State," and the City of Woodburn, or designated representative, hereinafter referred to as the "Sponsor." The parties agree to the following: WHEREAS, under ORS 390.180, the State and Sponsor may enter into an agreement concerning acquisition, development, and or rehabilitation of public outdoor recreation areas and facilities, hereinafter called "Project," and the State may make grants of money to assist the Sponsor in such projects. WHEREAS, under OAR Chapter 736, Division 6, the Sponsor agrees to comply with the Local Government Grant Program administrative rules. The purpose of this agreement is to set forth the obligation of both parties in the acquisition, development and/or rehabilitation of public outdoor recreation areas and facilities. The State and the Sponsor desire to achieve improvements in park and recreation areas and facilities as hereinafter described in the project application and to that end, the Sponsor proposes to perform work and/or acquire land as set out and described in the Description/Scope of Work section of this agreement and the Sponsor's application. The State has sufficient Local Government Grant Program funds available within its current biennial budget and has authorized the expenditure on the Sponsor's project as defined below. The Project has been reviewed and based on the Sponsor's application and representations, is found to be feasible and appropriate for funding. Project Title: Burlington Park Playground Restoration Program Project Number: LGP0265 PROJECT FUNDING The total cost of the project covered by this Agreement is $65,000 The value of the Sponsor contributions for this project is $35,000, which is the difference between the total cost and the State grant. The State agrees to pay $30,000 or 46.16 percent of the total project costs, whichever amount is less, from monies available through the Local Government Grant Program. NOW, THEREFORE, the State and the Sponsor agree to the following: Upon approval by the Oregon Parks and Recreation Commission, the State shall provide Local Government Grant Program funds to the Sponsor to supplement the funding of the authorized Project. Sponsor may begin work upon receipt of signed Agreements and a Notice to Proceed from the State. Any expenses incurred prior to the agreement date will not be eligible for reimbursement. PROJECT INFORMATION Page lof6 53 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Description/Scope of Work: Playground rehabilitation including, site preparation, picnic tables, playground equipment, playground surfacing, landscaping, benches, garbage can holders, equipment, and as further described in the Project Sponsor's grant application. Proiect Sponsor Contact: City of Woodburn Community Services Department Steven Patterson Recreation Services Manager 270 Montgomery Street Woodburn, OR 97071 Phone: 503.982.5264 Fax: 503.980.2448 The Sponsor's project and boundary map infonnation is more particularly described in the project grant application and by this reference made a part of this agreement. PROJECT TERM AND AMENDMENTS: Proiect Tenn: The Sponsor shall have one year from the date of authorization of this agreement to commence substantial work (i.e., for sponsor to award contracts for work or show at least 25% of work is complete if the work is perfonned by force account). Projects not in compliance with this schedule may be cancelled unless substantial justification for an extension is warranted. This Agreement shall become effective after both parties have signed this Agreement and shall become effective on the final date of signature ofthis agreement. Unless otherwise tenninated or extended this Project shall be completed and this Agreement shall expire on September 30,2009. Amendments: This Agreement may only be amended if requested in writing, approved by the State, and signed by the parties. An extension for a six-month period may be granted for the project agreement if requested in writing at least 30 days prior to expiration date of this agreement, allowing enough time to prevent a lapse in the agreement. The request for extension must show a compelling need for the extension. PROGRESS REPORTS AND PAYMENTS Progress Reports: Once work has begun, Sponsor shall report to the State on work completed on a quarterly basis as follows: By April 30 for the quarter beginning January 1 and ending March 31; By July 31 for the quarter beginning April 1 and ending June 30; By October 31 for the quarter beginning July 1 and ending September 30; By January 31 for the quarter beginning October 1 and ending December 31. A progress report giving an accounting of the work accomplished is also required whenever project reimbursements are requested. A copy of the progress report fonn to be used is attached. Sponsor must submit a final report and final reimbursement within 60 days of the project completion date or the expiration date of the agreement. The final report shall include full and final accounting of all expenditures and description of the work accomplished. Reimbursements will be given only for those items identified in the grant agreement. Substitutions of the elements of the projects or deletion of elements will not receive reimbursement. Example, if the Sponsor stated in the grant agreement that a walkway will be paved but instead used cinder wood or purchased a storage shed, those dollars Page 2 of6 54 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 that were to be allocated towards the paving will be reduced from the Sponsor's project costs and will not be reimbursed. PROJECT BILLING AND REIMBURSEMENT Sponsor may bill for reimbursable expenditures quarterly or at anytime during the agreement period with proper documentation. To request a reimbursement, Sponsor will complete Agency Billing Form, along with the progress report form, and send both to: Oregon Parks and Recreation Department A TIN: Michele Scalise, Grants Program Coordinator 725 Summer Street NE, Suite C Salem, Oregon 97301 503-986-0708 The Agency Billing Form is attached with this agreement. Partial reimbursements up to 90% of the grant amount may be billed to the state during the project period for work completed. In all partial reimbursements, State will retain 10% of total grant allocation amount until final approval and acceptance by the State. The final 10% will be reimbursed after the project is completed, full documentation is received, and there is final approval and acceptance by State. Partial reimbursements and quarterly reports shall contain a reasonable and accountable request. At no time will the State reimburse Sponsor for more than the maximum percentage allowed under this agreement. The State shall not be obligated to make a final payment to the Sponsor until all documentation and required reports are received. Projects may be inspected by the State prior to final acceptance and final reimbursement of the work completed. SPONSOR COVENANTS Match: The sponsor shall contribute matching funds or the equivalent in labor, materials or services, which are shown as eligible match in the rules, policies and guidelines for the Local Government Grant Program. Publicity: Sponsors shall make every effort to acknowledge and publicize the State's participation and assistance with the project. Prior to the completion of the project, the Sponsor agrees to place signage acknowledging the State's grant program support. Sponsor also agrees to maintain the signage throughout the life of the project. State may withhold final reimbursement payment until signage has been placed. Public Access to the Proiect: The Sponsor shall allow open and unencumbered public access to the Project to all persons without regard to race, color, religious or political beliefs, sex, national origin or place of primary residence. Compliance with Workers Compensation Law: The Sponsor shall require that its contractors or any subcontractors and all employers performing work on the Project be subject employers under the Oregon Workers Compensation Law and shall comply with ORS 656.017, which requires subject employers to provide compensation coverage for all subject workers. Record Maintenance: The Sponsor shall retain a project file including accounting records for three (3) fiscal years after the completion of the project and allow the State, or its authorized representative, to inspect and review all fund related records, to the level of detail prescribed by the reviewing entity, whenever so requested by the State or its authorized representative. Page 3 of6 55 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 Inspection and Audit: The Sponsor shall permit all fund-assisted sites to be inspected by the State and/or its authorized representative(s) at reasonable times. Projects may be inspected by the State prior to final acceptance. Liability: The Sponsor shall be liable for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee ofthe sponsor, while acting within the scope of his office or employment as permitted under the Oregon Tort Claims Act, where the State of Oregon, if a private person, would be liable to the claimant in accordance with the law of the State where the act or omission occurred. Indemnity: Subject to the limits and conditions for the State of Oregon Tort Claims Act, the Sponsor shall defend, save, hold harmless, and indemnify the State of Oregon and the Department and their agencies, subdivisions, officers, directors, agents, employees, and members from any and all claims, suits, actions, losses, liabilities, costs, expenses, and damages of whatsoever nature resulting from, arising out of, or relating to the activities of Sponsor or its officers, employees, contractors, or agents under this agreement. CONVERSION Sponsor further warrants that the land within the project boundary shall be dedicated and used for a period of no less than 25 years from the completion of the Sponsor's project for park or recreation purposes. Sponsor must insure that the land within the project boundary will be used only for park and recreation purposes, Sponsor controls or will have control the land, and that the Sponsor will not change the use of, sell, or otherwise dispose of the land within the project boundary, except upon written approval by the State. Leases for federally owned property must be at least 25 years. If the current lease is within 5 years of termination, a letter of intent to renew the lease will be required from the federal agency. If the Sponsor converts lands within the project boundary to a use other than park and recreation purposes, or disposes of such land by sale or any other means, the Sponsor must provide replacement property within 24 months of either the conversion or the discovery of the conversion. If replacement property cannot be obtained within the 24 months, the Sponsor will provide payment of the grant program's prorated share of the current fair market value to the State. The prorated share is that percentage of the original grant (plus any amendments) as compared to the original project cost(s). The replacement property must be equal to the current fair market value of the converted property, as determined by an appraisal. The recreation utility of the replacement property must also be equal to that of the lands converted or disposed. If conversion should occur through processes outside of the Sponsor's control such as condemnation or road replacement or realignment, the Sponsor will be required to pass through to the State that prorated share of whatever consideration is provided to the Sponsor by the entity that caused the conversion. The monetary value of whatever consideration provided by the taking will normally consist of the fair market value of the property established by an appraisal. TERMINATION The State reserves the right to cancel this agreement if no progress on the Project is made within one year of the effective date of this agreement. The State, upon thirty (30) days written notice to the Sponsor, may modify or terminate this agreement if the State fails to receive funding or appropriations, limitations, or other expenditure authority at levels sufficient to pay the allowable costs of the Project to be funded hereunder, or should state law, regulation or guidelines be modified, changed or interpreted in such a way that the Project, or any portion of the Project is no longer eligible for Local Government Grant Program funding. Page 4 of 6 56 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 REMEDIES THE State shall have any and all rights and remedies available by law or in equity. GENERAL PROVISIONS Particioation in Similar Activities: This agreement in no way restricts the Sponsor or the State from participating in similar activities with other public or private agencies, organizations or individuals. Duplicate Payment: The Sponsor shall not be compensated for or receive any form of duplicate, overlapping or multiple payments for the same work performed under this agreement from any agency ofthe State of Oregon or the United States of America or any other party, organization or individual. All Sponsor matching contributions to this agreement must be used and expended for this project only and within the project period. No Third Party Beneficiaries: The State and the Sponsor are the only parties to this agreement and are the only parties entitled to enforce its terms. Nothing in this agreement gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly or indirectly, to a third person unless such a third person is individually identified by name herein and expressly described as intended beneficiary of the terms of this agreement. Freedom of Information Act: Any information furnished under this agreement is subject to the Freedom of Information Act (5 U. S. C. 552). Non-Discrimination: The parties agree not to discriminate on the basis of race, religion, sex, color, national origin, family status, marital status, sexual orientation, age, and source of income or mental or physical disability in the performance of this contract. Notices: All written communications, which are to be given to the State under this Agreement, will be mailed and addressed as follows: Oregon Parks and Recreation Department Michele Scalise, Grants Program Coordinator 725 Summer Street NE, Suite C Salem, Oregon 97301 WAIVER CLAUSE THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICA nON OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICA nON OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENT A nONS, ORAL OR WRITIEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. SPONSOR, BY THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT SPONSOR HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. IN WITNESS THEREOF, the parties hereto have caused this agreement to be properly executed by their authorized representatives as of the day and year hereinafter written. Page 5 of6 57 Project Sponsor Sponsor Title Sponsor Signature Date Michele Scalise, Local Government Grant Coordinator Date Wayne Rawlins, Grants Division Manager Date STATE OF OREGON, by and through Oregon Parks and Recreation Department Kyleen Stone, Assistant Director Date Page 6 of6 58 ~ WOODBURN '.'0"0,.,.4 188' 110 A~'~ . . October 22, 2007 FROM: Honorable Mayor and City Council through City ~~nis~r Randy Rohman, Acting Public Works Director ~ /~ Professional Services Proposal Award TO: SUBJECT: RECOMMENDATION: By motion accept the proposal of CH2M Hill Inc. to conduct a pilot study to analyze technologies to comply with Total Maximum Daily Load requirements for the City's wastewater treatment plant and authorize the City Administrator to sign an agreement for professional services. BACKGROUND: Recently the City entered into a Mutual Agreement and Order (MAO) that allows the City to delay compliance with some DEQ requirements. The MAO ties temperature compliance to the establishment and approval of the Pudding River TMDLs. The delay will allow the City to more efficiently and cost effectively deal with temperature and other new effluent limits that will be part of the Total Maximum Daily Load (TMDL) limits for the Pudding/Molalla River sub-basin that will be released no later than Spring 2008. The City needs to test various technologies that have potential to aid in TMDL compliance. The City requested proposals to conduct pilot studies to address technologies for TMDL compliance through analysis, evaluation, and recommendation development. Work required involved the following major tasks: . Demonstrate ability to meet current and future regulatory requirements affecting the Woodburn facilities by utilizing wetlands and indirect discharge strategies (hyporheic discharge). . Demonstrate ability to meet poplar growth and water uptake requirements using coppice regeneration as an alternative to replanting, . Evaluate effects of high rate poplar irrigation during dry weather conditions and ground water break through during wet periods. . Monitor effectiveness of existing rock bed system to remove ammonia. . Sample pilot projects, analyze samples, handle and organize data, evaluate data and develop recommendations in a report. Agenda Item Review: City Administrat City Attorney Financ 59 Honorable Mayor and City Council October 22, 2007 Page 2 . . The City received two responses to the request for proposals. After review by an evaluation committee and a selection committee the proposal from CH2M Hill Inc. was selected as the proposal that best satisfied the proposal evaluation criteria. DISCUSSION: The proposal from CH2M Hill provided the best interdisciplinary team to evaluate and analyze the five pilot projects established by the City to determine if the technologies are capable of meeting the emerging TMDL requirements for the City's wastewater plant. The results of the pilot studies will be critical in complying with the MAO that the City entered into with DEQ to respond to the PUdding River TMDL that is anticipated to be released no later than Spring 2008. DEQ will be an active partner in the Project Development Team that will guide the pilot testing. The City has negotiated a not to exceed cost of $306,907 for the pilot testing. Pilot testing is a time consuming process and CH2M Hill has teamed with researchers at Oregon State University (OSU) to provide the majority of the hours required for the monitoring and operational evaluation of the five test projects. Use of OSU research students for much of the monitoring and sampling work results in significant cost savings for the project. There are two optional work tasks that are included with the agreement that may be chosen by the City. Work on either of these two optional tasks would require that a contract amendment be negotiated and signed by the City Administrator. One optional task is for additional coordination and data that may be required to obtain final approval from DEQ and the other optional task would be for an engineering pre design of the approved alternative. CH2M Hill is familiar with the City's wastewater plant and is well qualified to accomplish the requested pilot studies. Their teaming with OSU researchers offers the technical expertise of nationally recognized research scientists as well as providing reduced costs through extensive use of OSU students to conduct much of the time intensive operational monitoring and sampling. Staff recommends that Council accept the proposal of CH2M Hill Inc. and authorize the City Administrator to sign a professional services agreement for pilot testing consultant services. FINANCIAL IMPACT: The pilot study professional service is included in the adopted 2007-2008 CIP budget. 60 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into as of the date first indicated on the signature page, by and between the City of Woodburn, an Oregon municipal corporation (hereinafter referred to as "CITY"), and CH2M Hill, Inc., a Florida corporation (hereinafter referred to as "CONSULTANT"). WHEREAS, CITY needs certain professional consultant services; and WHEREAS, CITY wants to engage CONSULTANT to provide these services by reason of its qualifications and experience; and WHEREAS, CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein, NOW, THEREFORE, IT IS AGREED as follows: SECTION 1 - SCOPE OF SERVICES The Scope of Work to be performed by CONSULTANT under this Agreement is described in Exhibit A, which is attached to this Agreement. Additionally, CONSULTANT's proposal in response to POlW Pilot Study Consultant Services are incorporated by reference and are a part of this Agreement as if fully set forth. SECTION 2 - DUTIES OF CONSULTANT A. The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time CONSULTANT's services are performed. CONSULTANT will re-perform any services not meeting this standard without compensation B. CONSULTANT represents that it is qualified to furnish the services described in this Agreement. C. CONSULTANT shall be responsible for employing or engaging all persons necessary to perform its services. D. It is understood that David Green will be designated by CONSULTANT as the person providing services to CITY under this Agreement and that this designated person shall not be replaced without CITY's approval. PERSONAL SERVICES AGREEMENT PAGE 1 61 SeCTION 3 - DUTIES OF CITY A. CITY shall provide CONSULTANT the pertinent information regarding CITY's requirements for the Project. B. CITY shall examine documents submitted by CONSULTANT and shall render decisions promptly, to avoid unreasonable delay in the progress of CONSULTANT'S work. C. CITY certifies that sufficient funds are available and authorized for expenditure to finance costs of this Agreement. D. The contact person on the Project for CITY is designated as Randall Rohman. CITY shall provide written notice to CONSULTANT if CITY changes its contact person. SeCTION 4 - TERM The services to be performed under this Agreement shall commence upon execution of the Agreement by both parties and be completed on or before December 31, 2009. SECTION 5 - PAYMENT Payment shall be made by CITY to CONSULTANT only for services rendered and upon submission of a payment request and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee on a time and expense basis not to exceed $306,907.00. Compensation shall only for actual hours worked on the Project, at the rates specified in Exhibit B, and related direct expenses. CONSULTANT shall furnish with each bill for services an itemized statement showing the amount of services devoted to the Project by CONSULTANT as well as any agents or employees of CONSULTANT and any direct expenses. CITY shall pay CONSULTANT net 30 days from the receipt of approved invoice. CONSULTANT has provided estimates for two additional tasks that can be selected by the CITY at any time during the project. Work will not begin on these tasks until an amendment to this agreement has been completed and signed by the CITY and CONSULTANT. Section 6 - Termination Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice. PERSONAL SERVICES AGREEMENT PAGE 2 62 SECTION 7 - OWNERSHIP OF DOCUMENTS All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the Project for which they are made is executed or not. SECTION 8 - CONFIDENTIALITY All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement shall be considered as confidential by CONSULTANT until they are released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release. SECTION 9 -INTEREST OF CONSULTANT CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement. SECTION 10 - CONSULTANT'S STATUS It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor, under control of CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement. Section 11 - Indemnity CONSULTANT agrees to hold harmless and indemnify CITY, its officers and employees from and against any and all claims, loss, liability, damage, and expense arising from the negligent, or claimed negligent, performance of this Agreement by CONSULTANT, its officers or employees. CONSULTANT agrees to defend CITY, its officers or employees against any such claims. This provision does not apply to claims, loss, liability or damage or expense arising from the sole negligence, or willful misconduct, of CITY. Section 12 -Insurance CONSULTANT shall provide and maintain: A. Commercial General Liability Insurance, occurrence form, with a limit of $1,000,000 for each occurrence. PERSONAL SERVICES AGREEMENT PAGE 3 63 B. Automobile Liability Insurance, occurrence form, with a limit of $1,000,000 for each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles. C. Workers Compensation in at least the minimum statutory limits. D. All insurance shall: 1. Include CITY as an additional insured with respect to this Agreement and the performance of services in this Agreement. The CITY will not be required to be named as an additional insured for Workers Compensation coverage. 2. Be primary with respect to any other insurance or self-insurance programs of CITY. 3. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance provided to CITY. SECTION 13 - NONASSIGNABILITY Both parities recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY. SECTION 14 - RELIANCE UPON PROFESSIONAL SKILL OF CONSULTANT It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to perform the work. The acceptance of CONSULTANT'S work by CITY does not operate as a release of CONSULTANT from said obligation. SECTION 15 - WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, PERSONAL SERVICES AGREEMENT PAGE 4 64 ordinance, or law. The subsequent acceptance by either party of any fee or other money, which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement of any applicable law or ordinance. SECTION 16 - STATE PUBLIC CONTRACT PROVISIONS All requirements of ORS Chapters 279, 279A, 279B, and 279C including but not limited to the following, as applicable, are incorporated herein by reference. A. If CONSULTANT fails, neglects or refuses to make prompt payment of any claim for labor or services furnished by any person in connection with this Contract as such claim becomes due, Agency may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due CONSULTANT by reason of the Contract. The payment of a claim in the manner authorized above shall not relieve the CONSULTANT or its surety from its obligation with respect to any unpaid claims. B. CONSULTANT and its subcontractors, if any, are subject to Oregon Workers' Compensation Law, which requires all employers that employ subject workers who work under this Contract in the State of Oregon to comply with ORS 656.017 and provide the required workers' compensation coverage, unless such employers are exempt under ORS 656.126. CONSULTANT shall ensure that each of its subcontractors, if any, complies with these requirements. C. CONSULTANT shall, upon demand, furnish to the Agency, written proof of workers' compensation insurance coverage. CONSULTANT is required to submit written notice to the Agency thirty (30) days prior to cancellation of said coverage. D. CONSULTANT shall use recyclable products to the maximum extent economically feasible in the performance of the contract. E. CONSULTANT is engaged as an independent contractor and will be responsible for any federal or state taxes applicable to any payments made under this Contract. F. CONSULTANT agrees and certifies that it is a corporation in good standing and licensed to do business in the State of Oregon. CONSULTANT agrees and certifies that it has complied and will continue to comply with all Oregon laws relating to the performance of CONSULTANT's obligations under this Contract. PERSONAL SERVICES AGREEMENT PAGE 5 65 G. CONSULTANT shall: G.1 Make payment promptly, as due, to all persons supplying to the CONSULTANT labor and material for the prosecution of the work provided for in the contract documents; G.2 Pay all contributions or amounts due to the State Accident Insurance Fund incurred in the performance of this Contract; G.3 Not permit any lien or claim to be filed or prosecuted against the Agency on account of any labor or material furnished; and G.4 Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. H. The CONSULTANT shall promptly as due, make payment to any person, co- partnership or association or corporation furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employee of such CONSULTANT, of all sums which the CONSULTANT agrees to pay for such services and all moneys and sums which the CONSULTANT collected or deducted from the wages of employees pursuant to any law, contract or Agreement for the purpose of providing or paying for such service. I. The CONSULTANT shall pay employees for overtime work performed under the contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29USC201 et. seq.). J. An employer must give notice to employees who work on a contract for services in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. K. CONSULTANT will comply with 279.835 et seq. in the procurement of products and services from a nonprofit agency for disabled individuals. SECTION 17 - ATTORNEY FEES In the event a suit or action is instituted to enforce any right guaranteed pursuant to this Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, reasonable attorney fees to be fixed by the trial and appellate courts respectively. PERSONAL SERVICES AGREEMENT PAGE 6 66 SECTION 18 - NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows: TO CITY: TO CONSULTANT: Randall Rohman Public Works Program Manager 270 Montgomery Street Woodburn, OR 97071 David Green Vice President 2020 SW Forth Ave, Suite 300 Portland, OR 97201 SECTION 19 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated Agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONSULTANT SECTION 20 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Oregon. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year written. CITY OF WOODBURN: CONSULTANT: By: By: John C. Brown Title: City Administrator Title: Date: Date: PERSONAL SERVICES AGREEMENT PAGE 7 67 EXHIBIT "A" SCOPE OF WORK 68 Scope of Work Optional tasks outside the RFP scope of work are labeled Optional and set in brackets. Optional tasks are included for information and are separate from the core project scope of work assumed for this proposal. Authorization for any Optional tasks will be provided through a negotiated amendment to the professional services agreement for the pilot study project. Task 1: Project management and coordination CONSULT ANT will work with CITY to set up a Project Development Team (PDT) consisting of CONSULT ANT and appropriate sub-consultant staff, CITY staff, and DEQ staff as appropriate. CONSULT ANT will schedule, prepare for, attend, and document PDT meetings and coordinate these activities with CITY and DEQ. CONSULT ANT will prepare for and lead a chartering meeting of the PDT. The initial meeting will define objectives and goals, define critical success factors, and develop criteria used to evaluate the pilot projects. The meeting will further serve to define the project purpose, needs, approach, schedule, deliverables, and responsibilities of members of the PDT. CONSULTANT will prepare chartering documentation and a project work plan, including detailed project schedule showing all major tasks, PDT meetings, and review milestones. CONSULT ANT will update the schedule monthly throughout the duration of the work. Monthly progress reports and progress billings will be prepared in a format approved by the CITY. CONSULTANT Project Management responsibilities include: . Contract management . Sub-consultant management . Schedule, coordinate, and supervise project work. . Maintain liaison and coordination with CITY, DEQ, and outside agencies. . Prepare records of decisions. . Prepare progress reviews. . Monitor project budget. . Prepare, maintain, and update project activity schedule. . Provide timely responses to CITY and DEQ comments. . [Optional A: Additional technical support for field studies, data evaluation, reporting; additional coordination with CITY and subcontractors; meetings with DEQ.] Task 2: Pilot Project Operations, Maintenance, Sampling, and Testing A. High Rate Poplar Irrigation Pilot (Woodburn Pilot #1) SUBCONSUL T ANT will operate, maintain, and monitor Woodburn Pilot # 1. Operations and associated maintenance of Woodburn's 7 acre irrigated poplar tree test plot is dry weather only. Monitoring is a year round effort to determine ground water breakthrough during wet periods. Treatments include 100%, 150%, 200%, and 300% of agronomic rate. . Weekly check micro-irrigation system and replace any breaks in summer only CONSULTANT 69 · Install monitoring stations including four wick lysimeters and tensiometers, four dielectric soil moisture probes, four rain gages, and an automated datalogger within each treatment. CONSULTANT proposes using the Decagon ECH 20-TE sensor, which measures EC in addition to measuring soil moisture and temperature simultaneously. CITY will provide a backhoe and shoring for the wick lysimeter installation. · Provide soil physical and hydraulic property determination including bulk density, texture, hydraulic conductivity, and available water capacity based on core samples. · Collect monthly samples from the 16 wick lysimeters in the four treatments or on an alternative schedule as directed by the PDT for a minimum of 12 events · Record soil moisture data on an on-going basis · Record precipitation and water applied during irrigation. · Analyze 12 samples from each sample point over the course of the contract for constituents from lysimeters, including N03-N, Nlh-N, CI, and TDS or EC. B. Poplar Tree Coppice Pilot of Approximately 7 Acres (Woodburn Pilot #2) · To guide work in this task, SUBCONSULTANT will conduct a literature review of coppice management of trees including poplars. An emphasis will be on reports of stem breakage and developing strategies to minimize or eliminate them. · SUBCONSULTANT will develop a monitoring plan to determine effectiveness of using coppice growth instead of replants after poplar harvest. In addition to monitoring growth and water uptake listed below, the monitoring plan would include the planting of an area with cuttings of the same clone within the same or nearby management unit that will allow direct comparison with coppice growth. · SUBCONSUL T ANT will monitor growth rate and wood production on 7 acre site. Permanent measurement plots will be established in the coppiced area representing all possible coppice management alternatives, e.g., multiple, 3 or 1 stem per stump, which will be presented in a report under a separate contract with the CITY. Height and diameter of each stem will be measured beginning in June, September, and December. Stump diameter will also be measured at the beginning of the study as a covariate. - Because water uptake is driven by leaf area, leaf area per stem per stump needs to be quantified to understand the relationship between the number of stems per stump and water use (Task 2, Part A and Task 2, Part B procedure to determine coppice trunk strength below). During the measurements listed above, the number of leaves and the dimension of each leaf (length, width) will be measured. The leaf dimensions will be converted to leaf area, and total leaf area per stem will be related to basal stem diameter and predictive equations developed for potential, optional future work. 70 . CITY will maintain irrigation system, grass cover, and coppice trunks. SUBCONSULTANT will determine number of coppice trunks per stump, method of trunk maintenance, and irrigation strategy. Within stump stem competition has the potential of creating spindly (tall and thin) stems with less leaf area, so stem removal over time must be balanced between maximizing leaf area for water uptake and the development of strong stump connections. . SUBCONSUL T ANT will develop procedures of determining strength of coppice trunk attachment and apply these procedures to evaluate coppice ability to withstand wind. SUBCONSUL T ANT plans to employ standard methods that involve quantifying the force involved in pulling a coppice stem off its stump using a cable winch and force gauge. Young saplings of the same clone grown from cuttings will also be tested for comparative purposes. Stem height and diameter will be measured as covariates to determine strength properties. - Bending with respect to attachment position may be very important in terms of strength. Testing failure both tangentially and radially will provide information regarding coppice management relative to prevailing wind direction. . The SUBCONSUL T ANTs will work together to determine water uptake of coppice trees per year of growth. C. Maintenance and Monitoring of 1/8 Acre Wetlands (Woodburn Pilot #3) The wetland is operated in the summer months only. Monitoring will extend beyond the operating season on a schedule determined by the PDT. . SUBCONSULTANT will perform maintenance: Weekly check the wetlands system, including piping from the lagoon (Y2 mile away). Assist with repairing breaks, removing clogs, and maintaining flow. . SUBCONSULTANT will perform maintenance: Weekly observe irrigation system operation and notify CITY staff of any problems. Assist with operation and repair as needed so water is not discharged off-site. . As part of task 3, CONSULT ANT will design and install up to 160 vertical feet of monitoring wells (or Piezometers) placed at appropriate locations around pilot wetland. CONSULTANT will place monitoring wells appropriately to monitor groundwater effects and attenuation of effluent constituents from wetland. CONSULTANT will design the wells to prove or disprove to DEQ the feasibility and environmental soundness of a wetland hyporheic discharge. . SUBCONSUL T ANT will perform monitoring: Monthly collect samples from monitoring wells and measure static elevation, temperature, EC, N03-N, NHt-N, and Cl. . SUBCONSUL T ANT will receive and compile WWTP data on constructed wetlands influent and effluent quality and flow. 71 . SUBCONSUL T ANT will perform monitoring: weekly collect other data including, water depth, DO, pH, and other parameters as needed as determined by consultant. In addition, water quality from the drain tiles will also be sampled to assist in the modeling of constituent movement. . Analyze 12 samples over a two-year period from each sampling location for constituents from monitoring wells including Cl, Nffi-N, N03-N and TDS or EC and temperature as needed and determined by SUBCONSULT ANT. D. Ammonia Removal System (Woodburn Pilot # 4 Rock Bed) . SUBCONSUL T ANT will develop a monitoring plan to determine effectiveness of existing rock bed system to remove ammonia. . SUBCONSUL T ANT will implement monitoring plan. . CITY will maintain flow to system and grass cover. . Analyze 12 samples taken over the course of the contract in four locations for Nffi-N and N03-N. Task 3: Provide Hydrogeologic Characterization Demonstrating Hyporheic Discharge Potential (Woodburn Pilot # 5) . Based on published reports and site-specific observations, SUBCONSUL T ANT will generate cross section drawings with illustrated geologic formations, aquifers and other physical parameters that may affect performance of the local hydrogeologic system . As described in task 2C, CONSULT ANT will install monitoring wells as indicated by field observation that allows year-round sampling. Well construction will conform to Oregon Water Resources standards and DEQ standards for monitoring wells. . SUBCONSULTANT will conduct aquifer pump testing at 2 locations to determine hydraulic properties of the aquifer materials, with CONSULT ANT's technical support. . SUBCONSUL T ANT will survey well locations to provide MSL elevations at each casing . SUBCONSULTANT will evaluate seasonal flow gradients and develop elevation contour maps. . SUBCONSUL T ANT will develop simulation models for water and constituent movement in the high rate irrigation pilot study and wetlands pilot study. Subsequently a larger scale simulation model will be developed for the entire wastewater management area having the objective of simulating water and constituent movement as groundwater / hyporheic water from the wastewater management area to the mixing zone. The results of these modeling efforts will be presented to DEQ or other agencies to demonstrate expected behavior of the pilot projects within the wastewater management area. Emphasis will be on simulation of the high rate irrigation and wetlands within the wastewater management area, rather than a hydrologic simulation model of the entire contributing watershed. However, impacts of seasonal effects, i.e. annual cycles, on these pilot study treatments within the wastewater management area will be accounted for. 72 . CONSULTANT and SUBCONSULTANT will obtain input data for simulation model development and verification at time of installation of monitoring instrumentation, e.g. soil core samples, from the hydrogeologic survey, from the monitoring program itself, from additional tests as needed, e.g. infiltration, hydraulic conductivity tests, and from pertinent USGS, AgriMet, PRISM and other data sources. SUBCONSUL T ANT will perform model testing, calibration, and verification will be conducted according to the pertinent ASTM modeling standards. . SUBCONSUL T ANT will define acreage required to achieve effluent discharge requirements for high rate irrigation and wetlands discharge. . [Optional B: CONSULT ANT can develop a preliminary design of the high rate poplar site and wetlands.] Task 4: Data Compilation and Evaluation . SUBCONSUL T ANT will collect historical pilot-study water quality data and incorporate into consultant-collected data for evaluation . SUBCONSUL T ANT will provide statistical evaI':1ation and conclusions regarding pilot project performance . SUBCONSUL T ANT will complete Hydrus 3-DTM model runs of the poplar and wetland sites to predict attenuation of effluent constituents in the hyporheic zone and project discharge water quality. Task 5: Write Report and Make Technology Recommendations for Treatment . SUBCONSUL T ANT will write a report evaluating natural ammonia removal system, high-rate irrigation system performance, wetland discharge performance, and poplar coppice pilots. The report will address potential for design of future facilities utilizing these strategies as alternatives to point discharge. CONSULT ANT will provide senior review. . SUBCONSUL T ANT will develop at a minimum a 70% draft for CITY review · SUBCONSUL T ANT will incorporate all comments into Final Report and Submit to DEQ for approval. CONSULTANT will provide senior review. 73 EXHIBIT "B" COMPENSATION RATES 74 EXHIBIT 4. Fee Schedule (20 months duration) Sub T.... - T.... Deacripllon Chatge _ Core p~!ct 1 IPn.I.c:t..~ ~tIon 2 _"toM~.,,,~ PIIot.5 - ~ f~.G..Dll:lII;. ChIIncteriz.atlon ...mcM....UI" 3 -_..;............ 4 Data CompIlation & ev.1uation ----L--~&.._....~~ 'aCaI..... I OptIonal ~8.k,8 __,_---L~ I I I Addition to relk 1- Additional tec:hnic8l1UppOft 'or fietd atucttel, cMla !~ i............, rwporling, _ ~ _ City and A i _, ..-.g. -. IlEa, .... 20 monlh period ,.._m._., 8 i Wetland. . ana !I ! 10 ! ~ I ~ I ~g. I ~ I ~ IW I ,j i i ::I i! . :I $15: 148 20 o o o IN , , eo' eo' U j! $12 36 o o o o :M j I I t J, 01 eo' 1- $131 eo 70 o 20 o 150 i eoi eol ! ~ 10 lii 'irir ~1i 1i U)~ ~ ~ ~ I I I I' i I go r . 11 - '" ;5 $131 $'" ; o 1 0 j - o 0 $131 24 20 o 30 o o 44' 30 24 I 01 I 401 I o 85 o o .5 o oi I "' (; $8 I o o o 4 I 01 i 481 I I C'. ~r ,illi :I $10< $71 o o o o I Hi .ciI. 100 o o 100 o 144 18 344 i I I I I i :z: ~ 36ll ::111 -;Ul h} U.:! ~cton: ! :;; "' o $45 204 SO SO $21 $10 110 51 fli< 013 . 514797 $57375 55172 131 20 o $13783 $11475 $2611 $11475 I 3200 ' '78 375 ", .00 so $11475 &2e $20,108 $43 172 so so I so SO $8 f72 so f ,I i -I j, I , 1 1 I: J} -I. 0Il!- ~ $11M so $16900 so so $2 Il80 198 '"710 I I SOl I sol I i i I .t! q[ "'.eM ~~ "" II'~ u :! . . ;; >- ! . ... .:! SO SO I SO I l! l! << hd, t- iE Jl I s';, CJ -~-- I I 51,,~ '-~ t-.!!.!JeLl!4l~2 d$304~j $171'~f!H--!41 ~ I o :; .. UI 539 1 51261 SO $56100 SO $15000, SO 5155 SO E~~-!.lli SO SO SO so_~. I 514HO ,so SO so, $1)_ _$11.017 I $1' 017 . , r---i 1 1 $f5 0001 $58 fOO J!,~30."O I ,_5~5~L1~ fit J ; It) to- SO 52 Il80 $4151 , i i j I i I SOl 1 sol I 520 721 SO' SO' 501 $821' 1 soi SO' SO: SO 1$43,172 Orand Tolal_ '.._ 0aIl0nA A & 8: i 1370 _ SOl $821 ~ WOODBURN liE A~'~ l",orporalcd t889 . . October 22, 2007 From: Honorable Mayor and City Council through City Administrator Scott D. Russell, Chief of POlice/ Thomas P. Tennant, Captain TO: Via: SUBJECT: Liquor License Application - Full On-Premises Sales RECOMMENDATION: The Woodburn City Council recommend that the Oregon Liquor Control Commission approve a liquor license application for Cinco de Mayo Taqueria. BACKGROUND: Applicant: Caballero, Roberto Ivan 4768 Future Dr. NE Salem, Or. 97305 Ph: 503-364-2254 Business: Cinco de Mayo Taqueria 450 N. First St. Woodburn, Or. 97071 Ph: 503-981-9000 License Type: Full On-Premise Sales - Permits beer, wine, cider and hard alcohol sales for on-premises consumption only. On October 8, 2007 the Woodburn Police Department received an application requesting a Liquor License - Full On-Premises License, for Cinco de Mayo Taqueria located at 450 N. First St. This location previously housed Nuevo Arandas which went out of business. Nuevo Arandas possessed a Limited On- Premises License. The above-mentioned applicant intends to run a restaurant/lounge at this location with a total seating capacity of 82; the restaurant will seat 36 and the lounge 46. / Agenda Item Review: City Administrat City Attorney Financ 76 Mayor and City Council October 22, 2007 Page 2 . . The business will be open from 9:00 am to 9:00 pm Sunday through Thursday and from 9:00 am to Midnight on Friday and Saturday nights. The applicant advises food and alcohol will be available during normal business hours. The applicant intends to have the following entertainment available at the business: recorded music, DJ music and Karaoke. The police department has received no communication from the public or surrounding businesses in support of or against the change of ownership. DISCUSSION: The police department has completed a background investigation on the applicant and found nothing of a questionable nature, which would preclude the issuance of this Liquor License. The applicant has held a valid OLCC license for his restaurant at Wilco Farmers on S. Pacific Hwy. for the past two years. Due to concerns about a history of crime problems in the area of the new business the applicant has agreed to the attached voluntary compliance plan drafted by the Woodburn Police Department. This compliance plan is designed to assist the applicant in controlling his business and outlines his responsibilities, as well as our commitment to assist him. By it he agrees to restrict his business activities in the interest of crime prevention. FINANCIAL IMPACT: None 77 PAiD . ~ 100-- ilfO~20"7'iO 8 OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION PLEASE PRINT OR TYPE Aoplication is being made for: LICENSE TYPES ~ Full On-Premises Sales ($402.60/yr) r:J Commercial Establishment r:J Caterer Q Passenger Carrier r:J Other Public location Cl Private Club Cl Limited On-Premises Sales ($202.60/yr) r:J Off-Premises Sales ($100/yr) Cl with Fuel Pumps r:J Brewery Public House ($252.60) r:J Winery ($250/yr) Q Other: OCT -8m7 ACTIONS CJ Change Ownership r:J New Outlet r:J Greater Privilege r:J Additional Privilege r:J Other ..~ COUtfN USE ONLY d1\~iI or .county commission: (name of city or county) recommends that this license be: Granted [J Denied [J By: (signature) Name: Title: (date) a Limited CJ Corporation Partnership a Limited liability Company 90-day authority: r:J Yes r:J No OlCC USE ONLY Application Rec'd by: /%- ~Dtj 7' cD Date: OJ..<!J!..- O' @) ~ @ 2. Trade Name (dba): CIA./c.tJ J)F #19 Y'l:J 77fpv~,e,/1. l1arltJ/J' 3. Business location: 'I~() Ai ;:;,2- sr- sr wtJfJMi/# ()~. 97 tJ 71 (number, street, rural route) (city) (county) (state) (ZIP code) - 4. Business Mailing Address/$,./ 706& Sak. () /"r tf '/ ~S-' (PO box, number, street, rural route) (city) (state) (ZIP code) 5. Business Numbers: ~) 1~1 qtl()O' {50~3a.;2.. r9~!" (~) qJ'/~:S-9~' (phone) (fax) 6. Is the business at this location currently licensed by OlCC? r:JYes >rNo 7. If yes to whom: Type of License: 8. Former Business Name: 9. Will you have a manager? aYes l!IJNo Name: ():7}' v.,-- fUd(7P~/oJ'--, (manager must fill out an individual history form) 10. What is the local governing body where your business is located? a / ry IJ~ WIJ(7 D ~ tl,I4J . ~ ..warne of city or county) 11. Contact pe;o;fOf this application: (~IT ~7.diA,u GA:'lf"~ ~~:;-~~6" . ~7bi fr/fVl"t: ?y- Pc' 'eAJ. 0'. (~9c I' a.sl? ~ _ lJN411 lJ_kflttA, (address) / ~ (fax number) . <r~aU addressh~ I understand that if my answers are not true and complete, the OlCC ma~~ ~1i~~~ )(r~cQon. Applicant(s) Si nat e(s) and Date: . CvNi RO OMMISION <D Date /I--$""- ~7- CJ) {IF f (j 5 2007 Date ~ ~~ @ D~ 1-800-452-0LCC (6522) SALEM AfJ4~ONp-L, OFF!CE www.o/cc.slf/f.or.us City of Woodburn OlCC licensee Compliance Plan Licensee: Cinco De Mayo Taqueria 450 N. First St. Woodburn, Or 97071 In order to comply with OLCC liquor control laws and rules, with the laws of the State of Oregon, and with the Ordinances of the City of Woodburn, the undersigned agree to the following action steps for Cinco De Mayo Taqueria: 1. No alcoholic beverages will be sold prior to 1 0:00AM, nor after 11 :30PM 2. Licensee will require all employees to attend and complete an alcohol servers class approved by the OLCC prior to serving any alcoholic beverage to any customer. The Licensee will hold quarterly meetings with all employees to review: Applicable laws, this action plan, and the names of patrons suspected to be involved with drugs or any other unlawful activity. 3. The Licensee will post signs inside the premises, indicating that no drug dealing or usage is permitted, and that the business invites and encourages police on the premises. One of these signs will be visible on the wall when entering and exiting the building; the other two will be posted on each restroom door. These signs will be in both English and Spanish. 4. A daily incident log will be kept on the premises. Any illegal or disturbing behavior will be logged. Also logged will be attempted violations ofOLCC rule such as: Minors attempting entrance into the lounge area or visibly intoxicated persons attempting entrance into the lounge area. The log book will contain: a. Date, time, and type of incident b. Name or photo ofperson(s) involved c. Make, model, year, color, and license number vehicles associated with persons engaged in problem behavior d. Action taken by employees during or after the incident 5. Any patrons observed to be engaged in the following illegal activity shall be permanently barred by the Licensee: a. Illegal Drug Activity b. Serious Fights or disturbances c. Carrying Weapons Illegally 6. Any patrons observed or engaged in minor arguments or disturbances shall be barred by the Licensee for a period of at least six months. 79 7. The Licensee will constantly monitor restroom for illegal activity and excessive or suspicious use. 8. The Licensee will not serve any patron who shows signs of visible intoxication for the remainder of the day. If another patron is observed passing alcoholic beverages to the visibly intoxicated person (VIP), that patron will not be served for the remainder of the day either. 9. No dancing will be allowed in the establishment 10. Live music will be limited to non-amplified, acoustic instruments 11. The designated manager or owner will be on premises during all business hours 12. For special private functions or parties, the Licensee shall provide written notice to Chief of Police seven days in advance. Licensee/Date: 13. The Woodburn Police Department agrees to assist the Licensee in enforcing rules and exclusions as outlined in this action plan. It - / 7-[; 7 ==~=hd"--'bJ- c- ~ V ,~ 10-/1,-01- Chief of PolicelDate: 80 llF ~.~'..'.." f1! .0;. ~ .... . WQ.ODBURN 11,(~'pora'ed 1889 ~~ . . October 22, 2007 FROM: Honorable Mayor and City coun~cil ~.. John C. Brown, City Administrato TO: SUBJECT: Cancellation of November 12, 2007 Meeting RECOMMENDATION: It is recommended the City Council cancel the November 12, 2007 meeting. BACKGROUND: Pursuant to City Charter, the City Council is required to meet regularly, at least once a month. The Council meets twice monthly, or more often, to conduct City business. The Council occasionally cancels a meeting, due to holiday schedules or lack of business. DISCUSSION: November 12th is a City holiday. Because the first scheduled meeting in November falls on the holiday, it is recommended your Council cancel that meeting. This action is consistent with the Council's past practice of canceling meetings that fall on holidays. Agenda Item Review: City Administrator ~ City Attorney ~ Finance /-'k: ~.~~ , ..1\ .' ,.'" fIT '.' ..' WOO:QBlTRN In(~'YJr~ttd '889 13A A~'~ . . October 15, 2007 TO: FROM: Honorable Mayor and City Council through City Administrator Jim Allen, Community Development Director ~ Donald Dolenc, Associate Planner ~ VIA: SUBJECT: Planning Commission action on cases VAR 2007-01, DR 2006-17, and EXCP 2007-02 RECOMMENDATION: No action. BACKGROUND: At its meeting of September 27,2007 the Planning Commission held a public hearing on cases V AR 2007-01, DR 2006-17, and EXCP 2007-02. These cases related to a proposed multiple-family dwelling project on East Lincoln Street. The Commission approved the design review with conditions, approved the exception to street right-of-way and improvements. The Commission denied the variance request and required construction of an architectural wall. DISCUSSION: None. FINANCIAL IMPACT: None. I I Agenda Item Review: City Administrator City Attorney Finane 82 /~,' ~, ,:~~'lrirrr,~tfi" :1.,4 "j ~ WQQ:QBuJiN In(:,,or~ttd 1889 ~~ 13B . .. October 15, 2007 TO: Honorable Mayor and City Council through City Administrator VIA: Jim Allen, Communily Development Director~ FROM: Donald Dolenc, Associate Planner~ SUBJECT: Community Development Director action on case DR 2007-0S RECOMMENDATION: ' No action. BACKGROUND: An application for a Type II Design Review for a replacement of a pole sign with a new pole sign at 1220 N. Pacific Highway (AI's Garden~enter) was received on August 14 as incomplete. After additional information was provided, the application was deemed complete on October 9, 2007. The proposed pole sign would be 18 feet tall and have an authorized sign face area of 75 square feet. Conditions of the decision include limiting the height, size, obtaining a construction permit, and period of validity of the authorization. DISCUSSION: None. FINANCIAL IMPACT: None. Agenda Item Review: City Administrat City Attorney Finane ' 83 BE IT RESOLVED, that the undersigned Mayor and Councilors of the City of Woodburn go on record in support of Ballot Measure 49. We support Ballot Measure 49 for the following reasons: We took a public position against Measure 37 at the time it appeared on the ballot; We believe Measure 37 as enacted allows development of a nature and extent that is detrimental to Oregon's environment, infrastructure and quality of life; We believe that similarly situated property owners should be held to the same standards; and We believe Measure 49 eliminates the most detrimental features of Measure 37, while retaining some benefits for those wishing to build family homes. We encourage the voters of the City of Woodburn to study this measure and to support it at the polls. ~~j~ BE IT RESOLVED, that the undersigned Mayor and Councilors of the City of Woodburn go on record in support of Ballot Measure 49. We support Ballot Measure 49 for the following reasons: We took a public position against Measure 37 at the time it appeared on the ballot; We believe Measure 37 as enacted allows development of a nature and extent that is detrimental to Oregon's environment, infrastructure and quality of life; We believe that similarly situated property owners should be held to the same standards; and We believe Measure 49 eliminates the most detrimental features of Measure 37, while retaining some benefits for those wishing to build family homes. We encourage the voters of the City of Woodburn to study this measure and to support it at the polls. rb~ SJj/AfICli() ') .~~