Agenda - 07/27/2009KATHRYN FIGLEY, MAYOR
CITY O F W00 D B U R N DICK PUGH, COUNCILOR WARD 1
~. MEL SCHMIDT, COUNCILOR WARD II
C I~rY C OU N C I L AG ~ N DR PETER MCCALLUM, COUNCILOR WARD I II
.JAMES COX, COUNCILOR WARD IV
n e FRANK LONERGAN, COUNCILOR WARD V
JULY Z7, LOO7 ~ 7.00 P.M. KRISTEN BERKEY, COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS - Z7O MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SAIUTE
2. ROIL CAII
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None
Appointments:
None
4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
A. National Night Out 2009
Presentations:
None
5. COMMITTEE REPORTS
None
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBIIC -This allows the public to introduce items
for Council considerafiion not already scheduled on the agenda.
"Habra inter~retes c~isponi~~es y~ara aque~~as personas que no ha6f an Ing[es, previo acuer~o. Comuniquese
a~ (So3) 980-2485."
July 27, 2009 Council Agenda Page i
1
8. CONSENT AGENDA-Items listed on the consent agenda are considered
routine and maybe adopted by one motion. Any item may be removed
for discussion at the request of a Council member,
A. Woodburn City Council minutes of July 13, 2009. 2
Recommended Action: Approve the minutes.
B. Building Activity for June 2009 9
Recommended Action: Accept the Report,
C. Acceptance of Proposal for Municipal Vehicle lease 10
Recommended Action: Accept the proposal of Enterprise Fleet
Management in the amount of $84,000 to provide municipal
vehicle lease services for the Woodburn Police Department.
D. City Attorney Evaluation 11
Recommended Action: Schedule the annual evaluation of the
City Attorney for August 10, 2009.
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 maybe limited by Mayoral prerogative.
A. Council Bill No. 2794 - An Ordinance clarifying the City 12
Council's authority under Ordinance 2401 to provide water
and/or sewer services outside City boundaries in the case of a
public emergency and declaring an emergency.
Recommended Action: Adopt the Ordinance.
July 27, 2009 Council Agenda Page ii
B. Council Bill No. 2795 - A Resolution ratifying the City Council 16
policy determination to extend water services outside City
boundaries based upon a public heath emergency existing in
the water distribution systems of the Shalimar, Driftwood, and
Chateau Ranchettes developments.
Recommended Action: Adopt the Resolution.
C. Council Bill No. 2796 - A Resolution directing that three "No 23
Parking" signs be installed on Brown Street near the intersection
of E. Cleveland Street.
Recommended Action: Adopt the Resolution.
D. Council Bill No. 2797 - A Resolution entering into amendment 27
number 4 to Clean Water State Revolving Fund loan Agreement
No. R98413 with the State of Oregon and authorizing the City
Administrator to sign such amendment.
Recommended Action: Adopt the Resolution.
E. Council Bill No. 2798 - A Resolution authorizing the City 33
Administrator to enter into an Intergovernmental Agreement
with the Mid-Willamette Council of Government (COG) for the
preparation of an Economic Development Plan.
Recommended Action: Adopt the Resolution.
E. Award of construction contract for Ironwood Subdivision Street 42
Tree Replacement and Sidewalk Repair Project.
Recommended Action: The at the City Council award the
construction contract for Ironwood Subdivision Street Tree
Removal/Replanting and Sidewalk Repair Project to Kerr
Contractors in the amount of $83,743.00.
F. Weed & Seed IGA with Marion County Juvenile Department for 44
Tracker Program Services.
Recommended Action: Authorize the cityAdministratortoenter
into an Intergovernmental Agreement with Marion County for
Probation Officer services in support of the Weed & Seed
Tracker Program.
July 27, 2009 Council Agenda Page iii
G. Capital Development and City of Woodburn property exchange 51
- Finalize City acquisition of regional storm/surface water
detention and sanitary sewer facilities
Recommended Action: That Council authorize staff to
negotiate an agreement between the City and Capitol
Development to exchange real property within the Town Center
at Woodburn development as outlined in the staff report.
12. PLANNING COMMISSION OR ADMINISTRATIVE IAND USE ACTIONS -These
are Planning Commission or Administrative Land Use actions that
maybe called up by the Cify Council.
None
13. CITY ADMINISTRATOR'S REPORT
14. MAYOR AND COUNCIL REPORTS
15. ADJOURNMENT
July 27, 2009 Council Agenda Page iv
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7
July 27, 2009
T0: Honorable Mayor and City Council through City Administrator
FROM: Jim Row, Community Services Director
SUBJECT: Weed & Seed IGA With Marion County Juvenile Department for
Tracker Program Services
RECOMMENDATION:
Authorize the City Administrator to enter into an Intergovernmental Agreement
with Marion County for Probation officer services in support of the Weed & Seed
Tracker Program.
BACKGROUND:
This agreement provides funding to the Marion County Juvenile Department,
enabling them to provide probation officer support to the Weed & Seed Tracker
Program. The Tracker program is a component of the U.S. Department of Justice
Weed & Seed grant that the City was originally awarded in August 2007. The
City previously entered into a similar agreement in September 2008. That
agreement expired June 30, 2009, and a new agreement must be executed in
order for the program to continue.
The Tracker Program provides for joint police officer/ probation officer visits to
the homes of Woodburn Juveniles who are on probation for drug and/ or gang
related offenses, for the purpose of enforcing the terms of their probation. In
addition, the program provides for joint police officer/ probation officer visits to
local "hot spots" in the community. Hot spots are areas that gang and drug
involved juveniles frequent, and again, these visits are conducted for the
purpose of enforcing the terms of local juveniles' probation. This program
operated for a short while a couple of years ago, and during its brief tenure,
appeared to contribute to a noticeable reduction in juvenile crime.
The funding for the required police officer support to the Tracker Program is also
provided by the Weed & Seed grant. This Intergovernmental Agreement expires
on November 30, 2010, unless agreed by both parties to extend.
Agenda Item Review; City Administrator City Attorney Finance
Honorable Mayor and City Council
July 27, 2009
Page 2
FINANCIAL IMPACT:
The Intergovernmental Agreement provides for a total contract amount of
$32,124. The City's costs related to this Agreement are completely funded
through the U.S. Department of Justice Weed & Seed grant.
From Marion County to City Council
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARION COUNTY
AND
THE CITY OF WOODBURN
FOR
JUVENILE PROBATION OFFICER SUPPORT
This Agreement is made, pursuant to ORS 190.003 to 190.110, between Marion County
a political subdivision of the State of Oregon, hereinafter called "County",and the City of
Woodburn, a municipal corporation of the State of Oregon, hereinafter called "City".
1 CITY OBLIGATIONS
1.1 Provide police officers for participation in joint juvenile probation officer/ police
officer home visits. Visits will be made to the homes of juveniles on probation
who live in Woodburn and are gang and/ or drug involved. These visits will
be conducted for the purpose of enforcing the terms of probation.
1.2 Provide police officers for participation in joint juvenile probation officerl police
officer hot spot visits. Visits will be to locations in Woodburn where juvenile
gang and drug activity is prevalent. Visits will be conducted with the intent of
making contact with juveniles on probation living in Woodburn, and for the
purpose of enforcing the terms of probation.
1.3 Submit payment to the County within thirty (30) days after receiving monthly
invoices. Payments shall be submitted to:
Marion County Juvenile Department
3030 Center Street NE
Salem, OR 97301
Phone 503-588-5411
2 COUNTY OBLIGATIONS
2.1 Provide juvenile probation officers for participation in joint juvenile probation
officerl police officer home visits. Visits will be made to the homes of
juveniles on probation who live in Woodburn and are gang and/ or drug
involved. These visits will be conducted for the purpose of enforcing the
terms of probation.
2.2 Provide juvenile probation officers for participation in joint juvenile probation
officerl police officer hot spot visits. Visits will be to locations in Woodburn
where juvenile gang and drug activity is prevalent. Visits will be conducted
with the intent of making contact with juveniles on probation living in
IGA Juvenile Probation Officer Support Page 1
Woodburn, and for the purpose of enforcing the terms of probation.
2.3 Provide semi-annual statistical reports to the City detailing the number of
home visits, visits to hot spots, numbers of youth contacted that are in
compliance with the terms of their probation, and the numbers of youth
encountered who are in violation of the terms of their probation. Semi-annual
statistical reports shall be submitted to the City by January 15, 2010 for the
reporting period of July 1, 2009 -December 30, 2009, and July 15, 2010 for
the reporting period of January 1, 2010 -June 30, 2010, and January 15,
2011 for the reporting period of July 1, 2010 -December 30, 2010.
2.4 Submit billings and invoices to the City, on a monthly basis, for services
provided. Services shall be charged for each hour of time worked by
probation officers under the terms of this agreement. Services shall be
provided at a cost of $46.88 per hour for each hour of straight time worked,
and $70.32 for each hour of overtime worked.
Costs billed for the period of July 28, 2009 through September 30, 2009 shall
not exceed $17,525.
Costs billed for the period of October 1, 2009 through November 30, 2009
shall not exceed $2,281.
Costs billed for the period of December 1, 2009 through November 30, 2010
shall not exceed $12,318.
Total costs billed under this agreement shall not exceed $32,124.
2.5 Submit all invoices, billings and reports to:
Weed & Seed Program
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Phone 503-982-5228
3 GENERAL OBLIGATIONS
3.1 Each party shall be solely liable forthird party claims arising from the actions
of that party's officers, employees and agents.
3.2 The City shall agree to defend, indemnify, and hold harmless the County, its
officers, agents, and employees from damages arising out of the tortious acts
of the City, its officers, agents, and employees acting within the scope of their
employment and duties in performance of this agreement subject to the
limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through
30.300, and the Oregon Constitution, Article X1 Section 7.
IGA Juvenile Probation Officer Support Page 2
Likewise, the County shall agree to defend, indemnify, and hold harmless the
City, its officers, agents, and employees from damages arising out of the
tortious acts of the County, its officers, agents, and employees acting within
the scope of their employment and duties in performance of this agreement
subject to the limitations and conditions of the Oregon Tort Claims Act, ORS
30.260 through 30.300, and the Oregon Constitution, Article X1 Section 7.
3.3 When the parties share supervision and control over a project, each party
shall be liable forthird party claims arising out of the actions of its officers,
employees and agents.
3.4 Each party shall be solely liable for its employees' workers' compensation
claims, regardless of which party is exercising supervision and control over
the project when the claim arises.
Nothing in this agreement shall be deemed to limit the right of either party to make a
claim against the other party for damages and injuries incurred by one party as a result
of the actions of the other party's officers, agents and employees.
This agreement represents the entire integrated understanding of the parties. This
agreement may be amended only in writing, executed with the same formalities as the
agreement itself.
This agreement may be terminated or renegotiated with thirty (30) days' written notice
by either party to:
For the City:
Jim Row, Community Services Director
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Phone 503-982-5265
For the County:
Faye Fagel, Director
Marion County Juvenile Department
3030 Center Street NE
Salem, OR 97301
Phone 503-588-5411
This Agreement shall become effective on the date upon which every party has signed
this Agreement. This Agreement shall expire on November 30, 2010 unless agreed to
by both parties to extend.
IGA Juvenile Probation Officer Support Page 3
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed in their
respective names by their duly authorized representatives as of the dates set forth
below.
MARION COUNTY
Recommended By:
Juvenile Department Director Date
APPROVED AS TO FORM:
Contracts Compliance Analyst
APPROVED AS TO FORM:
Date
Legal Counsel
Date
CITY OF WOODBURN
City Administrator
Date
IGA Juvenile Probation Officer Support Page 4
PROCLt1NIAT10N
NATIONAL NIGHT OUT 2009
WHEREAS, the National Association of Town Watch is sponsoring a unique,
nationwide crime, drug and violence prevention program on Tuesday, August 4, 2009
entitled "National Night Out"; and
WHEREAS, the 26`h Annual National Night Out provides a unique opportunity for
the City of Woodburn to join forces with thousands of other communities across the
country in promoting cooperative police-community crime, drug and violence prevention
efforts; and
WHEREAS, alI citizens of Woodburn play a vital role in assisting the Woodburn
Police Department through a joint crime, drug and violence prevention efforts in
Woodburn and is supporting National Night Out 2009 locally; and
WHEREAS, it is essential that all citizens of the City of Woodburn be aware of the
importance of crime prevention programs and the impact that their participation can have
on reducing crirne, drug abuse and violence in Woodburn; and
WHEREAS, these individuals are most deserving of appreciation and thanks; and
WHEREAS, police-community partnerships and neighborhood safety and
awareness cooperation are important themes of the National Night Out program;
NOW, THEREFORE, I, KATHRYN FIGLEY, Mayor of the City of Woodburn, do
hereby call upon all citizens of Woodburn to join the Woodburn Police Department and
the National Association of Town Match in supporting the 26`h Annual National Night
Out and proclaim Tuesday, August 4, 2009 as
NATIONAL NIGHT ouT
in the City of Woodburn and encourage government, business, and residents to honor this
observance with appropriate programs, ceremonies, and activities.
IN WITNESS EREOF, I have hereunto set my hand and c
oodburn to be fixed this 27th day of rely, 2009.
Fig y, yor
of Wo bur
0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, JULY 13, 2009.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0015 ROLL CALL.
Mayor Figley Present
Councilor Berkey Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallum Present
Councilor Pugh Present
Councilor Schmidt Present
Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City
Administrator Stevens, Police Captain Alexander, Public Works Director Brown,
Community Development Director Hendryx, Community Services Director Row, HR
Assistant Sprauer, City Recorder Tennant
0065 ANNOUNCEMENTS
A) Music in the Park: Community concert featuring "Rock Hounds" will be held in
Library Park on July I4`h' at 7:00 PM., and will be hosted by Woodburn Library and
Friends of the Library.
B) Open House on the Wastewater Facilities Plan Update: On July 15, 2009 from
5:00 PM until 8:00 PM, the City will be hosting a Wastewater Facilities Plan Update
open house at City Hall which will include a formal presentation at 6:00 PM followed by
a question and answer period. The Wastewater Facilities Plan identifies the future
wastewater system needs for the next 20 years and the presentation will provide an
explanation on the plan update methodology, findings, key capital improvements needed,
and impact on current and future rates.
PRESENTATION: WATER SYSTEM CONSOLIDATION GRANT
Public Works Director Brown stated that the City is a recipient of an America Recovery
Stimulus Grant. The City was notified by Oregon Economic and Community
Development Department (OECDD) that an application could be made to obtain grant
funding to correct water deficiencies at three modular/mobile home parks located either
within or just outside of the city limits. The City completed the application and received
$2.8 million to expand the City's water system and provide individual meters and
distribution within each of the three modularlmobile home parks. Director Brown stated
that staff is recommending Council allow the City Administrator, under the advisement of
the City Attorney, negotiate an Intergovernmental Agreement (IGA) with OECDD to
proceed with the water system consolidation. Staff is also asking Council if they would
like staff to return at the following meeting with a resolution to allow water service to
Chateau Ranchette, the modular home park located just outside of the city limits and the
Urban Growth Boundary (UGB). Both Shalimar and Driftwood are within the City and
are consistent with all City policies associated with providing services.
Page 1-Council Meeting Minutes, July 13, 2009
2
Councilor Cox expressed concern about extending service to those outside of the city
limits and UGB. He stated that he is willing to extend services to those outside of the city
provided the City charges more until those properties are annexed into the city.
Councilor McCallum questioned whether other facilities would also want to connect with
the City's system.
Public Works Director Brown stated that he anticipates that other properties are seeking
relief. The City will design a system of sufficient capacity that would allow for other
properties to connect to the City's system, MacLaren is in a similar situation as the three
modular/mobile home parks but has elected to install their own filtration system. If
properties request to be added to connect to the City's water system, they would come
before Council on a case by case basis.
City Administrator Derickson stated that there are prohibitions against extending urban
services into rural areas, but this particular situation is different because of the arsenic,
and it falls into a health exclusion. The City would not typically expand its services
beyond the City limits without annexation unless there is a compelling reason to do so
and available funding.
Councilor Lonergan asked who disperses funds in the IGA and what would happen if cost
over runs $2.8 million.
Public Works Director Brown stated that the City, as the grant recipient, would be
responsible for cost overruns. The Environmental Protection Agency (EPA) is the federal
sponsor for the stimulus grant and state revolving funds will also be expended to the
program.
Mayor Figley stated that the City is dealing with a situation in which established parks
have viable drinking water problems. The situation is unique in that the residents need
safe drinking water.
City Attorney Shields stated that there are three recommendations under General
Business to consider, one of which is to establish an ordinance that would define
parameters.
Carolyn Steagle, Marion County Environmental Health. Ms. Steagle stated that Marion
County has the highest level of arsenic in the state and the water makeup is also the
hardest to treat. The maximum contaminant level was 50 parts per billion in ZOOS and
dropped to 10 parts per billion in 2006. Most of the parks in this area are in the 12 to 1 S
parts per billion range. She stated that the County's biggest concern will be the $1,700
per lot hookup fee which may stop the project. She stated that the water is not in
compliance with EPA requirements and is requesting Council consider waiving or
reducing hookup fee, She informed Council that all of the parks were incompliance until
the EPA lowered the parts per billion for health concerns.
Jerry Curtis, Shalimar. Mr, Curtis thanked staff in their assistance on this project. He
stated that there are about 60 low and moderate income residents living in Shalimar and
the hookup fee will delay other maintenance projects.
George Haight, Chateau Ranchette. Mr. Haight explained that Chateau Ranchette is
currently in noncompliance with the EPA's 2006 new arsenic standards for maximum
content. In 2008, the Oregon Department of Human Services served Chateau Ranchette
with a notice of violation and gave the park three options to comply, with the best option
being to connect to the City's water system. He stated that Chateau Ranchette serves 43
separately owned lots, it is not an affluent neighborhood, and requested that the Council
Page 2 -Council Meeting Minutes, July 13, 2009
3
take the fee issue into consideration.
Councilor Cox stated that connecting to the City's water system may cause a financial
hardship for the park's residents and asked if there was any way for the system
development charges (SDC} to be bancrofted.
Public Works Director Brown stated that SDC's can be bancrofted for all three parks,
both inside and outside of the city limits.
City Administrator Derickson stated that the SDC Ordinance provides a provision for the
City's credit and there will be right of way acquisition needed as a part of the project. He
stated that the City has also discussed acquiring the water rights associated with the wells
that exist on the properties as a commodity that impacts the aquifer that the City wells
draw from, that would potentially bring down the costs of the SDC's for the properties.
Mayor Figley stated that the reason the City would allow these three modular/mobile
home parks to connect to the City's water system has to do with the public health issue.
Councilor Schmidt questioned the methodology used to calculate SDC's.
Councilor Cox explained that SDC's are determined by the load a dwelling puts on a
system and the measure of benefit they receive from connecting to the system.
Mayor Figley stated that Council must make a decision on the hookup fees and what the
cost should be to receive regular water service.
Public Works Director Brown stated that the water service fee for outside users has been
established under the current ordinance.
2220 CHAMBER OF COMMERCE REPORT
Don Judson, Executive Director, informed the Council of the upcoming Chamber events:
(1) Woodburn Area Tourism would have their monthly meeting on Tuesday, July 21 S` at
10:00 AM which is open to the public.
(2) Annual Chamber at the Drags will be held on July 23~d with qualifying beginning at
5:30 PM. Chamber at the Drags is a kickoff for Christmas in July at the Woodburn
Dragstrip and admission is either an unopened toy for Toys for Tots or food fvr the
Aware Food Bank. Please call to RSVP. (3} An informational brown-bag lunch will be
held on August 12r" in the City HaII Council Chambers to review the Wastewater
Treatment Plant.
2400 BUSYNESS FROM THE PUBLIC
Hank Barron, West Woodburn. Mr. Barran stated that there is a drug problem in West
Woodburn. He stated that individuals are released from jail soon after they are arrested
and they continue to create problems for the neighborhoods. He would like the City to
address the situation.
2702 CONSENT AGENDA
A) Approve the Council regular minutes of June 22, 2009;
B} Approve the Library Board minutes of June 24, 2009; and
C) Approve the Claims for April and May 2009.
PUGH/LONERGAN... Adopt the Consent Agenda as presented. The motion passed
unanimously.
Mayor Figley identified two typographical errors in the Council minutes: 1) Council Bill
Page 3 - Cvuncil Meeting Minutes, July 13, 2009
4
2789 Councilor Schmidt's name in the title of the bill, and 2) Transient Occupancy Grant
Disbursement for 2009.12FY, second paragraph, verifying should be varying.
2872 COUNCIL BILL N0.2766 -ORDINANCE MAKING TEXT AMENDMENTS TO
THE WOODBURN COMPREHENSIVE PLAN AND ADOPTING THE PARKS
AND RECREATION MASTER PLAN AS ASLIB-EXHIBIT TO THE
WOODBURN COMPREHENSIVE PLAN
Councilor McCallum introduced Council Bill No. 2766. Recorder Tennant read the two
readings of the bill by title only since there were no objections from the Council.
Councilor Schmidt brought up the discussion on plan review from the previous meeting
and asked if this would also be reviewed every two years.
City Administrator Derickson stated that staff is currently compiling a list of City plans
that outlines the purpose, whether they are statutorily required, their stance in the
development process, and identifies those that are used as tools for policy direction. The
list will be brought to Council the first meeting in August.
Community Development Director Hendtyx stated that the land use process, which
includes the Comprehensive Plan, has a twenty year horizon that the City can review
periodically at the Council's discretion.
City Administrator Derickson explained that once an ordinance is adopted, the plan
belongs to the Council. City Council can receive advice and recommendations from its
citizen's panels and committees.
Councilor Pugh suggested a motion for the review of City plans.
Mayor Figley stated that staff will bring the list of plans to the first meeting in August
and suggested Council defer a formal policy decision until then.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill No. 2766 duly passed with the emergency clause.
Councilor Lonergan thanked everyone for their work on this project.
3648 COUNCIL BILL N0.2774 -RESOLUTION ENTERING INTO AN
AGREEMENT FOR BUSINESS LOAN ASSISTANCE SERVICES WITH THE
MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS AND
AUTHORIZING CITY ADMINISTRATOR TO SIGN SAID AGREEMENT
Council Bill No. 2774 was introduced by Councilor McCallum. The bill was read by title
only since there were no objections from the Council.
Councilor McCallum thanked Councilor Pugh and Councilor Cox for their work on this
program which protects the City in addition to providing a service to the community.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill No. 2774 duly passed.
3809 COUNCIL BILL N0.279Z -RESOLUTION ESTABLISHING A BUSINESS
ASSISTANCE LOAN PROGRAM: ADOPTING BUSINESS ASSISTANCE LOAN
GUIDELINES: AND SETTING OUT PROCEDURES FOR THE
CONSIDERATION OF LOAN APPLICATIONS
Council Bill No. 2792 was introduced by Councilor McCallum. 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
Page 4 -Council Meeting Minutes, July 13, 2009
5
Council Bill No. 2792 duly passed.
3865 COUNCIL BILL N0.2793 -RESOLUTION AUTHORIZING THE CITY
ADMINISTRATOR TO IMPLEMENT A PROGRAM TO PROMOTE
ECONOMIC DEVELOPMENT BY DEFERRING THE COLLECTION OF
SYSTEM DEVELOPMENT CHARGES FOR SINGLE FAMILY RESIDENTIAL
DWELLINGS
Councilor McCallum introduced Council Bill No. 2793. Recorder Tennant read the bill
by title only since there were no objections from the Council.
On roll call vote for f nal passage, the bill passed unanimously. Mayor Figley declared
Council Bill No. 2793 duly passed.
3947 INTERGOVERNMENTAL AGREEMENT WITH OREGON ECONOMIC AND
COMMUNITY DEVELOPMENT (OECDD) FOR (1) LOCAL WATER SYSTEM
CONSOLIDATION GRANT, (2) AMERICAN RECOVERY AND
REINVESTMENT ACT, AND (3) SAFE DRINKING WATER REVOLVING
LOAN FUND
PUGHlLONERGAN... Allow extension of City water services outside the City limits
and Urban Growth Boundary based upon this specific public health emergency and direct
staff to memorialize this policy decision in an ordinance to be submitted to Council next
meeting. The motion passed unanimously.
LONERGAN/PUGH.. , Authorize the City Administrator to enter into an
Intergovernmental Agreement (IGA} with the Oregon Economic and Community
Development Department ~OECDD} to participate in a grant program to consolidate local
non-viable water systems into the City's viable municipal water system.
Councilor Cox stated that the general practice has been to first negotiate an agreement
and then return with a document for Council to approve.
City Administrator Derickson agreed with Councilor Cox in that the general practice has
been to first negotiate an agreement and then return to Council with a document for
approval. He stated that in this case, time is of the essence.
Public Works Director Brown explained the importance in abiding by the EPA's timeline.
The motion passed unanimously.
COUNCILOR CO~JLONERGAN...Authorize the Public Works Director to complete
the design, obtain all required permits, finalize the scope of work for the IGA, and
prepare the contract documents in compliance with procurement requirements.
The motion passed unanimously.
4444 OREGON LIQUOR LICENSE CHANGE OF OWNERSHIP FOR OFF-
~.~ ~.
PREMISES SALES: A & J Market,134 Harrison Street
A change of ownership liquor license application for off premises sales was submitted by
Thapa Corportion.
LONERGAN/PUGH... Recommend to OLCC denial of a Change of Ownership liquor
license application for A 8c J Market, The motion passed unanimously.
Mayor Figley stated that she has heard complaints about sales of drug paraphernalia and
would not want to recommend approval if that activity was currently occurring.
Councilor Lonergan and Councilor Pugh agreed with Mayor Figley in that their reasons
Page 5 -Council Meeting Minutes, July 13, 2009
6
for denial were related to sales of drug paraphernalia.
There was discussion amongst the Council in regards to the reasons why they recommend
the denial of a Change of Ownership liquor license application for A & J Market to
OLCC, which include that the market had been asked to remove the material, the material
is two blocks from a school, and that it is morally wrong.
Councilor Pugh suggested that the Police Department deliver a copy of this motion to
other markets to warn them of Council's decision.
Councilor McCallum expressed concern over how alcohol and liquor is controlled.
The motion passed unanimously.
4759 AWARD OF THE TRANSPORTATION AND GROWTH MANAGEMENT
TGM) GRANT APPLICATION TO DEVELOP A HIGHWAY 99E CORRIDOR
~ .~^ ~ w
PLAN
i
LONERGANIMCCALLUM... Accept the Transportation and Growth Management
(TGM) Grant for Highway 99E Corridor Plan project and authorize the City
Administrator and Community Development Department to negotiate with TGM,
The motion passed unanimously.
4820 CITY ADMINISTRATOR'S REPORT
He and the Mayor Figley will be absent at the next meeting as they will be lobbying for
funds for the I-5 interchange.
City Administrator Derickson also stated that there were no arrests or citations made for
July 4`" enforcement of illegal fireworks.
4989 MAYOR FIGLEY AND COUNCIL REPORTS
Councilor Pugh stated that on a recent trip near the Canadian border he met someone who
visits the Woodburn Company Stores.
Councilor McCallum thanked Mayor Figley, Council, and staff for contributions to the
'~loodburn Relay for Life event. He also complimented City Attorney Shields and his
team members for running at the event on Saturday.
Councilor Schmidt felt Relay for Life had a great turnout by the community and stated the
event raised over $73,000.
5361 ADJOURNMENT
MCCALLUM /LONERGAN... Meeting be adjourned. The motion passed
unanimously.
The meeting adjourned at 8:Z7 PM.
Page 6 -Council Meeting Minutes, July 13, 2009
7
APPROVED
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
KATHRYN FIGLEY, MAYOR FIGLEY
Page 7 -Council Meeting Minutes, July 13, 2009
CITY OF WOODBURN
Community Development
~F~oRAnrfluM
270 Montgomery Street Woodburn, Oregon 91071 (503) 982.5246
Date: July 9, 2009
Ta: Jim Hendryx, Community Development Director
From: Building Division
Subject: Building Activity for June 2009
Zaa7 Zoos Zoos
No. Dollar Amount No. Dollar Amount No. Dollar Amount
Single-Family Residential 6 $1,244,612 0 $0 2 $432,106
Multi-Family Residential 0 $0 0 $0 0 $0
Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds & Alts 6 $27,957 3 $9,531 3 $25,300
Industrial 0 $0 0 $0 1 $800
Commercial 28 $958,838 4 $47,601 8 $325,475
Signs and Fences 0 $0 0 $0 1 $5,400
Manufactured Homes 3 $65,000 0 $0 1 $23,000
TOTALS 43 $2,296,407 7 $57,132 16 $812,081
Fiscal Year to Date (July 1-
June 30 $40,379,419 $34,637,397 $9,793,994
hlCommunity Developmentl6uildingl8uilding ACtivitylBidgAct•2009181dg Activity • Memoslmenmo • June 20Q9.doc
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July 27, 2009
T0: Honorable Mayor and City Council through City Administrator
In the capacity of Local Contract Review Board
FROM: Charles 6levins, Acting Chief of Police
SUBJECT: Acceptance of Proposal for Municipal Vehicle lease
RECOMMENDATION:
Accept the Proposal of Enterprise Fleet Management in the amount of $84,000
to provide municipal vehicle lease services for the Woodburn Police
Department.
BACKGROUND:
In recent fiscal years the Police Department has leased some of its general use
vehicles from the State of Oregon Department of Administrative Services Fleet
Management Division. At the start of the new fiscal year (July l , 2009 the cost of
continuing in that program nearly doubled and the availability of vehicles
diminished.
DISCUSSION:
On July 4, 2009 the City published a Request for Proposals for Municipal Vehicle
Lease services for the Police Department's vehicles, responses due July 15, 2009.
Two proposals were received; one from Enterprise Fleet Management and one
from Withnell Motor Company:
Enterprise Fleet Management - $84,000
Withnell Motor Company - $88,272
Upon review of the proposals it is deemed the proposal from Enterprise Fleet
Management best suits the City's needs with regard to leasing price as well as
maintenance of the leased vehicles.
FINANCiAI IMPACT:
Lease charges for Fiscal Year 2009-2010 amount to approximately $84,000 and
are accounted for the in the current Police Department budget.
Agenda ltem Review: City Administrato ^. ity Attorney ~ Finance
10
i
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f~r;cry,~r~rt:~! r~f~r
T0: Mayor and City Council
July 27, 2009
FROM: N. Robert Shields, City Attorney
SUBJECt: City Attorney Evaluation
RECOMMEND
Schedule the annual evaluation of the City Attorney for August 10, 2009.
BACKGROUND & DISCUSSION:
The City Council normally conducts my annual evaluation in August, My job
description and an evaluation form will be provided to the Mayor and City
Council prior to that date.
FINANCIAL 1MPAC1:
None.
Agenda Item Review: City Administr or City Attorney/~/~~ Finance
11
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July 27, 2009
A Ix~
T0: Honorable Mayor and City Council through City Administrator
FROM: Dan Brown, Public Works Director
SUBJECT: EXTENSION OF CITY MUNICiPAI SERVICES OUTSIDE CITY LIMITS
RECOMMENDATIONS:
Adopt the attached Ordinance clarifying the City Council's authority under
Ordinance 2401 to provide water and/or sewer services outside city boundaries
in the case of a public emergency.
Adopt the attached Resolution ratifying the City Council policy determination to
extend water services outside city boundaries based upon a public health
emergency existing in the water distribution systems of the Shalimar, Driftwood,
and Chateau Ranchettes developments.
BACKGROUND:
The OECDD has approved the City of Woodburn to be a recipient of an
American Recovery and Reinvestment Act (ARRA) in the amount of $2.8 million
for the consolidation of water supply systems. The federal program sponsor for
this grant is the Environmental Protection Agency, This is full grant and does not
require a local match.
One element of the scope of work identified in the OECDD Water System
Consolidation Grant for the City of Woodburn is to provide City water to
developments in unincorporated Marion County, which are located outside of,
but adjacent to the City's Urban Growth Boundary.
The City adopted Ordinance #2405 in July 2006 which defined public policy that
municipal water and/or sewer service will not be provided to properties located
outside City boundaries except as provided in the Ordinance. The exceptions
outlined in Ordinance #2405 did not include an explicit provision to address a
public emergency.
The City should be very deliberate when considering requests t{
services outside its boundaries. Ordinance #2405 is intended
and clarify this public policy. However, Ordinance #2405 was
restrict Council from implementin~~gp~ropriate action ~las
Agenda Item Review: City Administrato
ttorney ~"'--~ Finance
~ provide urban
to substantiate
not intended to
a municipality
12
Honorable Mayor and City Council
July 27, 2009
Page 2
providing vital services to relieve a public safety or public health problem in a
fair and equitable manner in the public interest,
olscussloN:
The attached Ordinance presented for adoption clarifies Ordinance 2401 and
makes explicit the City Council's authority to provide water and/or sewer
services outside city boundaries in the case of a public emergency.
Because of the involved timelines, staff added an emergency clause, making
the Ordinance effective upon passage by the City Council and approval by the
Mayor.
The attached Resolution presented for adoption ratifies the City Council policy
determination, made at the last meeting on July 13, 2009, to extend water
services outside city boundaries based upon a public health emergency existing
in the water distribution systems of the Shalimar, Driftwood, and Chateau
Ranchettes developments.
The Shalimar, Driftwood, and Chateau Ranchettes developments have a
private water distribution system that does not comply with federally mandated
water quality and has been notified by the Department of Environmental
Quality that they are violating federal regulations. The only viable alternative to
remedy this noncompliance appears to be having the City expand its water
system and provide water service.
On July 13, 2009, the City Council, by motion, found that a public emergency
exists for providing safe drinking water to this area. It is in the public interest to
have the City provide this service because the City secured a $2.8 million dollar
American Recovery and Reinvestment Act (ARRA) grant with no local match for
this purpose.
The proposed Resolution memorializes and explains the City Council's action,
FINANCIAL IMPACT:
The immediate public emergency will be addressed using federal grant dollars
pursuant to an Intergovernmental Agreement (IGA). Consistent with existing
City requirements, all water users located outside of the City boundaries shall be
billed at a rate of 1.5 times the current rate for residents within the City of
Woodburn.
13
COUNCIL BILL N0. 2194
ORDINANCE N0.
AN ORDINANCE CLARIFYING THE CITY COUNCIL'S AUTHORITY UNDER
ORDINANCE 2401 TO PROVIDE WATER AND10R SEWER SERVICES OUTSIDE
CITY BOUNDARIES IN THE CASE OF A PUBLIC EMERGENCY AND DECLARING
AN EMERGENCY
WHEREAS, the City Council considers the ability to provide municipal services
outside City boundaries to address a public emergency to be necessary and beneficial;
and
WHEREAS, the City Council by Ordinance 2405 established a policy that it
would not extend water and sanitary sewer services outside City boundaries except as
provided by that ordinance; and
WHEREAS, the City Council did not include within Ordinance 2405 any provision
to address a public emergency; and
WHEREAS, the City Council believes that the inclusion of a public emergency
provision is necessary so that it is clear that the City Council has the discretional
authority to intervene and correct public emergencies by supplying water and~or sewer
services outside the corporate boundaries of the City where it determines that this is in
the public's best interest; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
SECTION 1. Declaration of Intent The City Council intends to clarify
Qrdinance 2405 to specifically address its authority to provide municipal water or
sanitary services outside of City boundaries in specific instances where it determines
that there is a need to address a public emergency.
SECTION 2. Amendment Section 5 of Ordinance 2405 is amended to read as
follows:
Notwithstanding Section 2 above and consistent with state law, the City
has the power and authority to provide municipal water and !or sewer
service to property outside the corporate City boundaries in instances
where an emergency is declared by the City Council and it makes a policy
determination in a specific instance that it is in the interests of the City to
provide these services.
SECTION 3. Emergency Clause This Ordinance being necessary for the
immediate preservation of the public peace, health and safety for the reason that the
City has received a $2.8 million dollar grant and that the City Council has determined
COUNC[L B[LL N0. 2794
OEZD[NANCE N0.
14
that out of City water should be provided to an unincorporated development in Marion
County and it is important that Ordinance 2405 be immediately clarified, an emergency
is declared to exist and this Ordinance shaEl take effect immediately upon passage by
the Council and approval by the Mayor.
Approved as to form: ~~ ~/ ~'~J ~ Z Z 2 ~~ 5 1
City Attorney Date
Approved:
Passed by Council
Submitted to the Mayor
Approved by the Mayor
Kathryn Figley, Mayor
Filed in the office of the Recorder
Attest:
Mary Tennant, City Recorder
City of Woodburn, Oregon
COUNCIL BILL N0. ?794
ORDINANCE N0.
15
COUNCIL Blll N0. Z195
RESOLUTION N0.
A RESOLUTION RATIFYING THE CITY COUNCIL POLICY DETERMINATION TO EXTEND
WATER SERVICES OUTSIDE CITY BOUNDARIES BASED UPON A PUBLIC HEALTH
EMERGENCY EXISTING IN THE WATER DISTRIBUTION SYSTEMS OF THE SHALIMAR,
DRIFTWOOD, AND CHATEAU RANCHETTES DEVELOPMENTS
WHEREAS, the City Council reviewed and considered the Staff Report
dated July 13, 2009, which is attached to this Resolution as Exhibit "A";and
WHEREAS, the City Council made a policy determination at its July 13,
2009 meeting to allow extension of City water services outside the City limits and
Urban Growth Boundary based upon a public health emergency; and
WHEREAS, the City Council passed an ordinance to clarify its authority
under Ordinance 2401 to provide water and/or sewer services outside in the
case of a public emergency; and
WHEREAS, the City Council wants to ratify its decision of July 13, 2009 and
memorialize it in this Resolution; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City Council ratifies its decision of July 13, 2009 that water
services should be extended outside city boundaries based upon a public
health emergency existing in the water distribution the Shalimar, Draiftwood,
and Chateau Ranchettes because of the non-viability of these water systems
due tonon-compliance with the EPA requirements for arsenic.
Section Z. The City Council finds that it is in the public interest that water
services should be extended outside city boundaries because the City has
secured a $2.8 million dollar American Recovery and Reinvestment Act (ARRA)
grant with no local match to expand the City water system and to upgrade the
non-viable water systems.
Section 3. The City Council further finds that the ARRA grant will be
administered by the Oregon Economic and Community Development
Department and that the City will enter into an Intergovernmental Agreement
(IGA~ regarding the grant program.
Section 4. The City Council further finds that, consistent with existing City
requirements, all water users located outside of the City boundaries shall be
billed at a rate of 1.5 times the current rate for residents within the City of
Woodburn,
Page 1 -Council Bill No, 2795
Resolution No.
16
Section 5. The City Council's decision to extend water services outside
City boundaries in this situation is specific to the facts and circumstances of this
case and is justified and explained by the Staff Report dated July 13, 2009,
which is attached to this Resolution as Exhibit "A."
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No. 2795
Resolution No.
17
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July 13, 2009
EXHIBIT
Page ._,L of c=
~~~
T0: Honorable Mayor and City Council through City Administrator
FROM: Dan Brown, Public Works Director
SUBJECT: INTERGOVERNMENTAIRGREEMENT FOR:
LOCAL WATER SYSTEM CONSOIlDATION GRANT
AMERICAN RECOVERY AND REINVESTMENT ACT
SAFE DRINKING WATER REVOLVING lOAN FUND
OREGON ECONOMIC AND COMMUNITY DEVELOPMENT
RECOMMENDATIONS:
(lj Make a motion to allow extension of Citywater services outside the City limits
and Urban Growth Boundary based upon a public health emergency and
direct staff to memorialize this policy decision in an ordinance to be submitted
to Council next meeting.
{2f Make a second motion to authorize the City Administrator to enter into an
Intergovernmental Agreement (IGA~ with the Oregon Economic and
Community Development Department (OECDDy to participate in a grant
program to consolidate local non-viable water systems into the City's viable
municipal water system.
(3J Make a third motion to authorize the Public Works Director to complete the
design, obtain all required permits, finalize the scope of work for the IGA and the
prepare contract documents in compliance with procurement requirements.
BACKGROUND:
The OECDD has approved the City of Woodburn to be a recipient of an
American Recovery and Reinvestment Act (ARRA) in the amount of $2.8 million
for the consolidation of water supply systems. The federal program sponsor for
this grant is the Environmental Protection Agency. This is full grant and does not
require local match.
In partnership the Department of Hurnan Services, OECDD is distributing X27.8
million in ARRA funds through the Safe Drinking Water Revolving Loan Fund
{SDWRLFJ Program. The City X2.8 million grant is a part of this distribution.
Municipal, nonprofit and privately owned water supply systems are eligible for
financial assistance under the SDWRLF Program.
Agenda Item Review: City Administrator City Attorney Finance
18
Honorable Mayor and City Council
July 13, 2009
Page 2
exHiair
Page of
Three modular home facilities within and adjacent to the City of Woodburn had
applied for financial assistance under the SDWRLF Program to address their non-
compliance with EPA requirements for arsenic. This non-compliance with EPA
requirements for arsenic made these private water systems non-viable. Multiple
state policies are in place to promote consolidation of non-viable water supply
systems into viable municipal water supply systems. OECDD requested that the
City of Woodburn become the lead agency in this effort to consolidate these
water supply systems in order to obtain EPA compliance.
To facilitate this consolidation of water supply systems, the City needed to invest
approximately $1.2 million in extending its water distribution system. The
expansion of the City's water distribution system is included in the $2.8 million
grant approved. The remaining $1.6 million of $2.8 million grant is the preliminary
cost estimate upgrading the water distribution system within the three modular
home facilities.
DISCUSSION:
The statement of work will be finalized in the IGA which is currently still under
review and approval by OECDD, DHS, and Department of Justice. The IGA will
require a very aggressive delivery schedule for the project. The City has been
authorized to issue a Request for Proposals to acquire needed engineering
services prior to the approval of the IGA.
The delivery schedule will require that the City proceed immediately with
preliminary design for the development of sufficiently detailed technical
information in which to obtain necessary environmental compliance permits
and right of way acquisition. The general project delivery timeline that 4ECDD
has identified is shown in the table below:
All Necessary Easements and Propert}r Acquisition
Com leted September 30, 2009
All A lication Permits Obtained November 30, 2009
Environmental Review Re uirements Com fete November 30, 2009
Final Desi n Completed December 31, 2009
Pro'ect Under Construction Contract February 16, 2010
Pro'ect Com letion Februa 16, 2011
The City will accomplish with this 100% grant funded project the investigation,
assessment, design, and construction of a water main extension and distribution
system for the Shalimar, Driftwood, and Chateau Ranchettes subdivisions. The
water distribution system improvements will include approximately 5,200 lineal
19
Honorable Mayorand City Council
July 13, 2009
Page 3
tXH18~T ~
pagg ....~ of c~
feet of 12 inch diameter water pipe, 3,300 lineal feet of 8 inch diameter water
pipe, 3,000 linea! feet of 6 inch diameter wafer pipe, directional bore under Mill
Creek, required valve installation, fire hydrant installation, and installation of
approximately 200 metered service connections.
Consolidation of water service providers under the City's municipal water system
is viewed as instituting sound public policy. From a public health perspective
and preservation of the City's water source, consolidation of these water supply
systems will ensure the citizens of Woodburn the highest quality of water service
possible. These reasons are why the OECDD, DHS, and DEQ are attempting to
make funding available for these types of projects.
Implementing the project as the scope of work has been identified is not easy.
the project timeline as mandated by the grant funding criteria for completing
the project does not adequately take into consideration the regulatory
permitting process timelines. This is somewhat surprising considering that the
sponsoring agency for the ARRA funds is the EPA. The Chateau Ranchettes
portion of the project poses the greatest challenge for the City to accomplish.
Approval of this staff recommendation will allow Public Works to begin design
and pursue the necessary regulatory permits needed. It is important that the
Council concur that it does not object to extending water supply to subdivisions
outside the City limits or outside the currently defined Urban Growth Boundary.
Attached to this staff report are Exhibits A, B, and C that are maps depicting the
anticipated extension of the current water supply distribution system to
accommodate the three subdivisions identified.
FINANCIAL IMPACT:
The X2.8 million grant funding requires no local match. The estimated cost of this
project was prepared by the Public Works Department. The subdivisions will
contribute to the City the System Development Charges for water services
based upon current rates or $1,688 per modular home or mobile home unit.
Each unit will be individually metered and billed percurrent City rates.
The residents of Chateau Ranchettes will be billed at a rate of 1.5 times the
current rate for residents within the City of Woodburn.
This grant and associated project are significant financial benefit to those
property owners who will be receiving City water and to the City in being able
to enhance its overall distribution system and reduce the number of private
water system providers within and adjacent to its jurisdictional area.
20
EXHIBIT ~__
Page L~ a(~r-..L._
Honorable Mayor and Cifiy Council
July ~ 3, 2009
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J u f y 13, 2009
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July 27, 2009
T0: Honorable Mayor and City Council through City Administrator
FROM: Dan Brown, Public Works Director
SUBJECT: ROAD AUTHORITY APPROVAL OF TRAFFIC CONTROL DEVICES
"NO PARKING" SIGNS AT INTERSECTION OF BROWN STREET AND
CLEVELAND STREET
RECOMMENDATION:
That Council adopt out the attached resolution authorizing the installation of:
1. Two (2) "NO PARKING BETWEEN SIGNS" signs on the southbound side of
Brown St. near the intersection of E. Cleveland St. and as shown in
Figure #1.
2. One (1 } "NO PARKING" sign on northbound side of Brown St. near the
intersection of E. Cleveland St. and as shown in Figure # 1.
BACKGROUND:
The Public Works Department has received public complaints/concerns
regarding private vehicles parking within these areas and congesting traffic:
1. Brown St. identified as a service collector per the Woodburn
Transportation System Plan has an average in excess of 4,500 vehicles
per day including up to 20 student buses. Parking in this congested
intersection makes passage by through traffic difficult and further
dangerous for pedestrians who may not be seen clearly beside and/or
behind a parked vehicle(s).
2. Without these signs in place, vehicles have been observed parking in
this area and create an unenforceable hazard to citizens.
3. The Manual of Uniform Traffic Control Devices (MUTCD} states that "NO
PARKING" signs} can be warranted on streets where it is desirable to
enforce no parking for safety andlor delivery purposes.
Agenda Item Review: City Administrat
City Attorney ~" '"" Finance
23
Honorable Mayor and City Council
July 27, 2009
Page 2
4. It is recommended that the attached resolution be approved to allow
the installation of "NQ PARKING" signs shown in attached "Figure # 1 "
to provide improved traffic control in the vicinity of this intersection.
FINANCIAL IMPACT;
Estimated Cost for installation of three signs X900. All estimated costs include
materials and labor, which will be funded from the regular Street Maintenance
Budget.
24
COUNCIL BILL N0. 2796
RESOLUTION N0.
A RESOLUTION DIRECTING THAT THREE "NO PARKING" SIGNS BE INSTALLED
ON BROWN ST. NEAR THE INTERSECTION OF E. CLEVELAND STREET
WHEREAS, ORS Chapter 8 [ 0 grants to the City of Woodburn, the authority to install
regulatory traffic control signs within the City limits, and
WHEREAS, the City Council has received and considered the attached staff report
recommending that three (3) "NQ PARKING" signs be installed on Brown St. near the intersection
of E. Cleveland St.; NOW, THEREFORE,
THE C[TY OF tiV00DBURN RESOLVES AS FOLLOWS:
Section 1. That two (2) "NO PARKING BETV~IEEN SIGNS" signs be installed within the
right-of way of northbound Brown St. near the intersection of E. Cleveland Street as depicted in
Figure l attached hereto.
Section 2. That a "NO PARKING" sign be installed within the right-ot=way of southbound
Brown St. near the intersection of E. Cleveland Street as depicted in Figure l attached hereto,
CJ
'2 ~ 2 ~~ `~
Approved as to form:
City Attorney ate
Approved:
Kathryn Figley, Mayor
Passed by Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page I -COUNCIL BILL N0. 2796
RESOLUTION N0.
25
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PLOT DATE: 7.10.2009
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26
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~OODBUR~
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July 27, 2009
TO: Honorable Mayor and City Council through City Administrator
FROM: Ben Gillespie, Finance Director
.
SUBJECT: Adopt Resolution Authorizing loan Increase
RECOMMENDATION: Approve the resolution entering into Amendment Number
4 to Clean Water State Revolving Fund Loan Agreement No. R98413 with the
State of Oregon, Department Of Environmental Quality, and authorizing the City
Administrator to sign said amendment.
BACKGROUND: At the July 9, 2007 meeting Council approved Resolution 1861
that authorized entering into Clean Water State Revolving Fund {CWSRF) Loan
Agreement No, R98413 with the State of Oregon and authorized the City
Administrator to sign said loan agreement. The loan agreement offered a low
interest loan for facility planning. The loan was for afive-year period and
repayment begins after project completion.
The City has received Amendment Number 4 to Laan Agreement No. R48413,
which increases the amount of the loan to $700,000 from $600,000.
DISCUSSION: The total planning costs for the project are expected to be
$860,000. The original loan was for $450,000. In December 2008 the City asked
DEQ to increase the loan to $700,000. Because of limited resources DEQ was
able to increase the loan amount only to $600,000, but with the understanding
that if additional funds became available, DEQ would place a high priority on
the City of Woodburn's project. with this loan amendment DEQ has honored
that commitment
FINANCIA! IMPACT: The increased amount of the loan will increase the amount
of debt service payable in the future, which wilt be built into future rates. This
loan bears interest at 1%, which is much below the rate the City could borrow for
on the open market.
Agenda Item Review; City Administrator~~~~ City Attorney ~ FinancE
27
COUNCIL B[LL N0. 2797
RESOLUTION N0.
A RESOLUTION ENTERING INTO AMENDMENT NUMBER 4 TO CLEAN
WATER STATE REVOLVING FUND LOAN AGREEMENT N0. 898413 WITH
THE STATE OF OREGON AND AUTHORIZING THE CITY
ADVI[NISTRATOR TO SIGN SUCH AMENDMENT.
WHEREAS, the City of Woodburn has determined that the City needs to
accomplish wastewater facilities planning in order to comply with the City's National
Pollution Discharge Elimination System permit, and
WHEREAS, the State of Oregon acting by and through its Department of
Environmental Quality is authorized to enter into Clean Water State Revolving Fund loan
agreements and disburse funds pursuant to OAR 340-054-oob5~2}, and
WHEREAS, the City of Woodburn through Resolution 1861 authorized entering
into Clean Water State Revolving Fund Loan Agreement No. 898413 and for the City
Administrator to sign said agreement, and
WHEREAS, the State of Oregon acting by and through its Department of
Environmental Quality, has provided Amendment Number 4 to Clean Water State
Revolving Fund Loan Agreement No. 898413 modifying the amount of the loan, NOW,
THEREFORE,
THE CITY OF WOQDBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into Amendment Number 4 to Clean
Water State Revolving Fund Loan Agreement Na. 898413 which is affixed as
Attachment "A", and by this reference incorporated herein, with the State of Oregon
acting by and through its Department of Environmental Quality, to increase the amount
of the loan.
Section 2. That the City Administrator of the City of Woodburn is authorized to
sign Amendment Number 4 to Clean Water State Revolving Fund Loan Agreement No.
898413 on behalf of the City.
A roved as to form:
pp
City Attorney Dat
Page 1 COUNCIL BILL N0. ?797
RESOLUTION N0.
28
APPROVED;
Passed by the Council
Submitted to the 1Vlayor
Approved by the Mayor
filed in the Office of the Recorder
Attest:
Mary Tennant, Recorder
City of Woodburn, Oregon
Kathryn Figley, Mayor
Page 2 COUNCIL BILL N0. 2797
RESOLUTION N0.
29
OREGON DEPARTMENT OF ENVIROI~TMEN'TAL QUALITY
CLEAN WATER STATE REVOLVING FUND
PAGE I
CLEAN WATER STATE REVOLVING FUND
LOAN AGREEMENT N0. R98413
AMENDMENT N4, 4
CITY OF WOODBURN
This Amendment No. 4 to Loan Agreement No. R98413 (as amended "Loan
Agreement") is executed between the STATE OF OREGON ACTING BY AND THROUGH ITS
DEPARTMENT OF ENVIRON!v1EIv'TAL QUALITY ("DEQ"} and the City of Woodburn (the
"Borrower"), effective as of the Effective Date of Amendment indicated below, Capitalized
terms used in this Amendment which are not defined herein shall have the meanings assigned to
them in the Loan Agreement.
The purpose of this amendment is to increase the amount of the Loan by $100,000
Date of Original Agreement: July 19, 2007,
Effective Date of Amendment No. l : August 10,1007.
Effective Date of Amendment No. 2: December 7, 2007.
Effective Date of Amendment No. 3 ; December 2b, 2008.
Effective Date of Amendment No. 4: July 17, 2009.
The parties agree as follows:
1. ARTICLE 1(C) is amended and restated as follows:
"(C} Lo~v AMOUNT: $700,000."
2. The second sentence of ARTICLE 5 (C}(1 } is amended and restated as follows:
"Until the Final Loan Amount is calculated, the Loan Reserve Requirement is
$72,549."
3. The attached "Appendix A: Repayment Schedule" replaces the current "Appendix
A: Repayment Schedule".
Except as expressly amended above, the terms and conditions of the Loan Agreement
shall remain in full force and effect.
CITY OF WOODBURN: R98413 30 LOAN AGREEMENT AMENDMENT #4
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
CLEAN WATER STATE REVOLVING FUND _`_
PAGE 2
BORROWER: CITY OF WOODBURN
By.
Typed Name:
Title:
STATE OF OREGON ACTING BY AND THROUGH ITS
DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Neil Mullane, Water Quality Administrator
Date:
Date:
CITY OF WOOD$URN: 898413 3 ~ LOAN AGREEMENT AMENDMENT #4
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
CLEAN ~1ATER STATE REVQLVING FUND
PAGE 3
APPENDIX A: REPAI'1VIENT SCHEDULE
BORROWER: City of Woodburn ANNUAL INTEREST RATE 1.10°/°
SRF LOAN ND.: R984~3 TERM IN YEARS: 5
LOAN AMOUNT; $ 700,000 PAYMENT AMOUNT: $ 79,932
LOAN FEE: 0.0% ANNUAL FEE: 0.0%
Due •------------------PAYMENT---------------• Principal
Date Pmt# Principal Interest Fees Total Balance
700,000
1211!2009 1 o s,1 ao 0 6,10a loo,ooo
611!2010 2 76,082 3,850 0 79,932 623,918
1211!2010 3 76,500 3,432 0 79,932 547,418
61112011 4 76,921 3,011 0 79,932 470,497
1211 !2011 5 77, 344 2, 588 0 79, 932 393,153
611/2012 6 77,770 2,162 0 79,932 315,383
12/112012 l 78,197 1, 735 0 79, 932 237,186
6!112013 6 78,627 1,305 0 79,932 158,559
121112013 9 79,060 872 0 79,932 79,499
61112014 10 79,499 437 0 79,936 0
TOTALS 700,000 25,492 0 725,492
REQUIRED LOAN RESERVE: $ 72,549
CITY OF ~UOODBURN: R984I 3 32 LOAN AGREEMENT AIV~NDMENT #4
'~OODBUR,~
a Ix~+~
July 27, 2009
T0: Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Community Development Director
SUBJECT: Intergovernmental Governmental Agreement with Mid-Willamette Council
of Governments for the Development of an Economic Development Plan
COUNCIL GOAL:
Promote Economic Development -complete the Economic Development Plan in
partnership with the Chamber of Commerce; revisit the City's economic strategy
regarding business attraction, retention, and sustainability.
RECOMMENDATION:
Adopt the attached resolution authorize the City Administrator on behalf of the City to
sign an Intergovernmental Governmental Agreement (IGA} with Mid-Willamette Council
of Governments (COG} to complete an Economic Development Plan in partnership with
the Woodburn Chamber of Commerce.
BACKGROUND:
The City Council, during this year's goal setting meeting, established the goal to
`complete the Economic Development Plan in partnership with the Chamber of
Commerce `.. ," Working with the Chamber's Economic Development Committee,
numerous meetings have taken place to develop an outline for an Economic
Development Plan. The plan's outline is modeled after similar efforts in other
jurisdictions, including Clatsop County, Oregon.
It is recognized that development of the plan will take considerable resources, and the
IGA contracts with the COG to prepare the plan. The steps to complete the plan
include:
A. Researching and compiling existing economic and demographic data on
the Woodburn area economy
B. Development of the following:
• Coming up with a working definition of economic development, as well
as a consensus of what a Woodburn economic development strategy
should t to accom lish.
Agenda Item Review: City Administrator City Attorney Finance
33
. ,
~:.
.~~
.. Fw...
Honorable Mayorand City Council
July 27, 2009
Page 2
• Identifying community strengths, weaknesses, opportunities and
threats.
• Outlining key strategic economic issues facing the community.
C. Interviewing key business leaders
D. Developing a final report wi#h findings and recommendations for the City,
including a set of goals, a list of activities to be undertaken, organizational
roles and responsibilities, aresponsibility matrix, and an organizational
mechanism for monitoring and reporting on the various economic
development activities and projects.
The Woodburn Chamber of Commerce Economic Development Committee met on July
1, 2009, recommending that the City of Woodbum enter into an IGA with the COG to
complete the Woodburn Economic Development Plan.
DISCUSSION:
The City Council has identified Woodbum's need to have an economic development
plan that identifies key strategies to be undertaken by the City to strengthen the local
business community. In order to prepare such a plan, it is important to understand
Woodburn's strengths and weaknesses, and how best to concentrate limited resources
to foster economic development. The intent of the Economic Development Plan is to do
just that - to identify areas where the City and the Chamber of Commerce can focus
their limited resources, in an effort to improve the community's economic development
climate.
Development of the plan will take approximately 9 months to complete. The Mayor, with
the Council's concurrence, will formally appoint a Steering Committee to oversee the
development of the Economic Development Plan.
Staff Recommendation;
Staff recommends that the Council approve the attached resolution directing the City
Administrator to sign on behalf of the City an intergovernmental agreement with the
COG for the preparation of the Woodburn Economic Development plan. Funding for the
plan is to be paid for out of Transient Occupancy Tax.
Council Action:
Approve resolution directing the City Administrator to sign an intergovernmental
agreement with the COG for the preparation of the Woodburn Economic Development
plan. Funding for the plan is to be paid out of Transient Occupancy Tax
H:\JaniceCl\01 -Attorney\Council\2009\7-27 Final CC memo economic development program
(HendryxJ.doc
34
Honorable Mayorand City Council
July 27, 2009
Page 3
FINANCIAL IMPACT:
The Woodburn Economic Development Plan will be funded by the Transient Occupancy
Tax, at a rate of $88.00 per hour. As part of the city's COG membership, the first 24
hours of time required by COG staff for this project will not be charged. The hourly rate
includes all costs and expenses, including travel, incurred by the COG staff. Costs for
this project will not exceed $ 6,000.
H:\JaniceCl\O1 -Attorney\Council\2009\7-27 Final CC memo economic development program
(Hendryxf ,doc
35
COUNC[L BILL NO. 279$
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER
[NTO AN INTERGOVERNMENTAL AGREEMENT WITH THE M[D-
WILLAMETTE COUNCIL OF GOVERNMENT (COG} FOR THE
PREPARATION OF AN ECONOMIC DEVELOPMENT PLAN.
WHEREAS, the Woodburn City Council has identified the need to promote
economic development within the community, and
WHEREAS, the City Council recognizes that a successful economic
development plan needs to be done in partnership with the Chamber of Commerce; and
WHEREAS, it is recognized that development of the plan will take considerable
resources and that the Mid-Willamette Council of Governments (COG) has resources and
experience preparing such plans; and
WHEREAS, the COG has prepared a [ntergovernmental agreement ([GA)
outlining the steps to complete an economic development plan; and
WHEREAS, the Woodburn Chamber of Commerce Economic Development
Committee met on f my 1, 2009, recommending that the City of Woodburn enter into an
IGA with the COG to complete the Woodburn Economic Development Plan; and
WHEREAS, development of the plan will take approximately 9 months to
complete and the Mayor, with Council's concurrence, will formally appoint a steering
committee to oversee the development of the Economic Development Plan, and
WHEREAS, Funding for the plan is to be paid out of Transient Occupancy Tax,
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section I. The City Council hereby directs the City Administrator on behalf of the
City to enter into the agreement for economic development planning services with the COG
affixed here to as attachment A.
Section 2. The City Administrator shall provide regular updates to the City
Council on the status of the Economic Development Plan.
Section 3. The City Administrator shall have the City Council adopt the
Economic Development upon its completion by the COG.
Page 1 COUNCIL BILL N0. 2798
RESOLUTION N0.
36
A roved as to form: ~ l~
pp
City Attorney Date
Approved:
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 2 COUNCIL B[LL N0. 2798
RESOLUTION N0.
Kathryn Figley, Mayor
37
Attachment A
AGREEMENT FOR ECONOItitIC DEVELOPMENT PLANNING SERVICES
THIS AGREEMENT, made and entered into, by and between the Mid-Willamette Valley
Council of Governments, a voluntary intergovernmental association created by Charter and Agreement
pursuant to ORS Chapter l90 (hereinafter named "COG") and the City of Woodburn, an Oregon
municipality (hereinafter named '`City").
WITNESSETH:
WHEREAS, City wants to develop an economic development strategy and wishes to utilize
COG to provide professional support to the strategy development process; and
WHEREAS, COG is able to provide such services to City;
iYOW, THEREFORE, in consideration of the terms, conditions, compensation and
performances contained herein, the parties hereto do mutually agree as follows:
1. Effective Date and Duration:
This Agreement shall become effective on July l5, 2009. Unless terminated or extended, this
Agreement shall expire when the City's economic development strategy is completed, or on
April 30, 2010, whichever date occurs first.
Z. Termination:
This Agreement may be terminated at any time by mutual, written consent of both parties, or
far convenience, by either party upon written notice to the other party of 30 calendar days.
3. Scone of Work:
The objectives of this economic development strategy effort are to: 1) identify the most
critical economic conditions, challenges and opportunities facing Woodburn; 2) to flesh out
and build consensus on a set of co-coordinated strategic activities to be undertaken by the
City, the Chamber and other groups of community stakeholders to address these critical
economic needs; and 3) to establish a mechanism for coordinating and monitoring these
activities, and to measure their progress over time.
COG shall provide the following services in support of this economic development strategy
development process:
A. Research and compile existing relevant economic and demographic data on the
Woodburn area economy and prepare briefing folders for members of the Economic
Development Planning Committee ready for copying. The informational material will
also include summary conclusions about the most important area economic conditions
and trends. The target date for completion of this task is the week of August 3 - 7, 2009.
B. Facilitate a group work session of the Economic Development Planning Committee to
develop the following:
A working definition of economic development and a consensus on the broad
outlines of what a Woodburn economic development strategy should try to
accomplish.
Page 1 of 4 -Agreement for Economic Development Planning Assistance
Council ofGovernments - City of Woodburn
38
• A list of community strengths, weaknesses, opportunities and threats.
• A list of key strategic economic issues facing the community.
The estimated period for holding the work session is in the first two weeks of September,
at a date and time to be established in consultation with City staff.
C. Based on the economic data and the group work session conclusions, COG will develop a
list of potential questions to be included in a broad community survey and another list of
potential questions to be used in one-on-one interviews with a small number of
community economic impact leaders. The Economic Development Planning Committee
will be given an opportunity to review and comment on the questions prior to their use,
and to suggest candidates for interviews. The target date for finalizing survey questions is
the week of October 5 - 9, 2009.
D. After review and approval of survey methodologies by the City Administrator, COG shall
interview up to twelve economic impact leaders and assist with the distribution of written
surveys. COG shall compile and organize survey results to be presented to the Economic
Development Planning Committee at their next session in November.
E. Facilitate the next meeting of the Economic Development Planning Committee, focusing
on the following actions:
• Review and discuss results of surveys and interviews
• Review and adjust, if necessary, the conclusions and findings of the first work
session and the goals of the economic development strategy
• Develop a list of potential strategic actions that can be undertaken locally
• Prioritize activities and assign roles and responsibilities for implementation
• Identify potential resources for each activity, both within the community and from
outside the community
The estimated time far holding the work session is during the November 9 - 20 period. If
an additional work session of the Committee is needed to complete the work, it will be
held during the first two weeks of December 2009.
F. Prepare a written summary of group findings and recommendations for the City which
will include a set of goals, a fist of activities to be undertaken, organizational roles and
responsibilities, aresponsibility matrtx, and an organizational mechanism for monitoring
and reporting on the various economic development activities and projects. The report
will be submitted to the City Administrator by COG no later than January 3 1, 2010.
4. Standard of Care:
In the performance of its services, COG shall use that degree of care and skill ordinarily
exercised under similar circumstances, by entities performing similar services in the State of
Oregon.
Page 2 of 4 -Agreement for Economic Development Planning Assistance
Council ofGovernments - City of Woodburn
39
~. Payment:
A. COG understands and agrees that its total compensation under this agreement shall not
exceed $6,000 unless otherwise approved by the Woodburn City Council.
B. COG will be compensated on an hourly reimbursement at a rate of $88.00 per hour for
the services of either Ray Teasley or Nancy Boyer. The hourly fee includes all costs and
expenses, including travel, of the COG staff.
C. Because the city is a COG member, the first 24 hours of time required by COG staff for
this project will not be charged to the City.
D. COG shall provide billing statements to City that clearly identify activities, dates and
hours charged and staff on a monthly basis or within 30 days of accruing charges.
E. [ndependent Contractor,
COG states and affirms that it is acting as an independent contractor, holding itself out to the
general public as an independent contractor. The parties intend that an independent contractor
relationship will be created by this Agreement. City is interested only in the results to be
achieved; all conduct and control of the work will lie predominantly with COG. COG is not
to be considered an agent or employee of City for any purpose, and the employees of COG
are not employees of City nor entitled to any of the benefits that City provides its employees.
F. Indemnification.
City agrees to indemnify and save harmless COG, its officers, employees and agents from
any and all claims, demands, suits and legal actions including appeals arising out of or in
connection with City's performance of work or work product under this Agreement;
provided, however, that City shall have no obligation with respect to any such claims,
demand, suit or legal action which arises out of; or in connection with, decisions or directions
made by COG concerning structure, standards or operational requirements of the program, or
in connection with work product which has been modified without City's express
authorization, ar which has been used contrary to City's express instructions or for other than
its intended purpose, if such modification or misuse is a substantial factor in causing the
asserted loss or injury.
G. Nondiscrimination.
COG shall comply with all applicable federal, state, and local laws, rules and regulations on
nondiscrimination in employment because of race, color, ancestry, national origin, religion,
sex, marital status, age, medical condition, or disability.
H. Governing Law.
This Agreement shall be governed by and construed in accordance with the law of the State
of Oregon.
I. Severability.
[f any provision of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any other
provision hereof.
J. Assignment.
Neither party shall assign the Agreement without written consent of the other.
Page 3 of 4 -Agreement for Economic Development Planning Assistance
Council ofGovernments - City of Woodburn
40
K. Entire Agreement.
This Agreement constitutes the entire Agreement between the parties and supersedes all prior
agreements, written and oral, between the parties. No modification of this Agreement shall
be binding unless in writing and signed by both parties.
L. Notification.
All correspondence and notices related to this Agreement shall be directed as follows:
If directed to the City:
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
Attn: Jim Hendryx, Community Development Director
If directed to the COG:
Mid-Willamette Valley Council of Governments
105 High Street SE
Salem, Oregon 97301-3667
Attn: Nancy J. Boyer, Executive Director
[N WITNESS WHEREOF, COG and City have, by approval of their respective governing bodies,
caused this Agreement to be executed.
MID-WILLAMETTE VALLEY
COUNC[L OF GOVERNMENTS
Nancy J. Bayer, Executive Director Date
CITY OF WOODBURN
Scott C. Derickson, City Administrator Date
Page 4 of 4 -Agreement for Economic Development Planning Assistance
Council ofGovernments - City of Woodburn
41
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l~~:;ryar~rl2,l ivr.r
-:
July 27, 2009
T0: Honorable Mayor and City Council through City Administrator
In the capacity of Local Contract Review Board
FROM: Dan Brown, Public Works Director
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR IRONWOOD
SUBDIVISION STREET TREE REPLACEMENT AND SIDEWALK REPAIR
PR0IECT
RECOMMENDATION:
That the City Council award the construction contract for Ironwood Subdivision
Street Tree Removal/Replantingand Sidewalk Repair Project to Kerr Contractors
in the amount of $83,743.00.
BACKGROUND:
The contract is in conjunction with Project 2008-065-39, Bid No. 2009-08 for the
removal and replanting of street trees and repair of sidewalks within the
Ironwood Subdivision.
Bids for the improvement were opened on July 7, 2009. Responsive qualified bid
proposals were received.
No Name Amount
i Kerr Contractors $ 83,743.00
2 D & T Excavation $ 88,022.30
3 Gelco Construction $101,985.00
4 J P Contractors $11 l ,115.00
Engineer's Estimate $62,818.00
The recommended award is 33~o higher than the estimate provided in
Engineer's Feasibility Report.
Agenda Item Review: City Administrat City Attorney ...'~~ Finance
42
Honorable Mayor and City Council
July 27, 2009
Page 2
DISCUSSION:
The project, as approved in the 2009-2010 Capital Improvement Project budget,
was to remove street trees, repair sidewalks and replant trees in the park strip.
The project was initiated by the Ironwood Homeowner's Association to remove
street trees, repair sidewalks and replant trees in the park strip throughout the
entire subdivision. A feasibility report was presented to Council on June 8, 2009.
the cost of the project will be charged to the adjoining property owners through
a LID.
The estimate in the Engineer's Feasibility Report was lower than bids received
primarily due to mobilization and traffic control costs. Other unit costs
associated with the preparation of the Engineer's Estimate were consistent with
bids received.
The Contract award is in conformance with public contracting laws of the State
of Oregon as outlined in ORS Chapter 279C and the laws and regulations of the
City of Woodburn, therefore, staff is recommending the contract be awarded.
FINANCIAL IMPACT:
This project will be funded using approved Special Assessment Fund (360 as
identified in the 09/ 10 budget and Street Fund (140).
43
i:•~,
~'1
Woo~B~~~
July 27, 2009
T0: Honorable Mayor and City Council through City Administrator
FROM; Jim Row, Community Services Director
SUBJECT: Weed & Seed IGA With Marion County Juvenile Department for
Tracker Program Services
RECOMMENDATION:
Authorize the City Administrator to enter into an Intergovernmental Agreement
with Marion County for Probation officer services in support of the Weed & Seed
Tracker Program.
BACKGROUND:
This agreement provides funding to the Marion County Juvenile Department,
enabling them to provide probation officer support to the Weed & Seed Tracker
Program. The Tracker program is a component of the U.S. Department of Justice
Weed & Seed grant that the City was originally awarded in August 2007. The
City previously entered into a similar agreement in September 2008. That
agreement expired June 30, 2009, and a new agreement must be executed in
order for the program to continue.
The Tracker Program provides for joint police officer/ probation officer visits to
the homes of Woodburn Juveniles who are on probation for drug and/ or gang
related offenses, for the purpose of enforcing the terms of their probation. In
addition, the program provides for joint police officer/ probation officer visits to
local "hot spots" in the community. Hot spots are areas that gang and drug
involved juveniles frequent, and again, these visits are conducted for the
purpose of enforcing the terms of local juveniles' probation. This program
operated for a short while a couple of years ago, and during its brief tenure,
appeared to contribute to a noticeable reduction in juvenile crime.
The funding for the required police officer support to the Tracker Program is also
provided by the Weed & Seed grant. This Intergovernmental Agreement expires
on November 30, 2010, unless agreed by both parties to extend.
Agenda Item Review: City Administratof~ ~~. City Attorney ~~!~~J Finance
44
Honorable Mayor and City Council
July 27, 2009
Page 2
FINANCIAL IMPACT:
The Intergovernmental Agreement provides for a total contract amount of
$18,000. the City's costs related to this Agreement are completely funded
through the U.S. Department of Justice Vveed & Seed grant.
45
From Marion County to City Council
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARION COUNTY
AND
THE CITY OF WOODBURN
FOR
JUVENILE PROBATION OFFICER SUPPORT
This Agreement is made, pursuant to ORS 190.003 to 190.110, between Marion County
a political subdivision of the State of Oregon, hereinafter called "County", and the City of
Woodburn, a municipal corporation of the State of Oregon, hereinafter called "City".
1 CITY OBLIGATIONS
1.1 Provide police officers for participation in joint juvenile probation officer! police
officer home visits. Visits will be to the homes of juveniles living in Woodburn
who are on probation for gang and/ or drug related offenses. These visits will
be conducted for the purpose of enforcing the terms of probation.
I.2 Provide police officers for participation in joint juvenile probation officer/ police
officer hot spot visits. Visits will be to locations in Woodburn where juvenile
gang and drug activity is prevalent. Visits will be conducted with the intent of
making contact with juveniles living in Woodburn who are on probation for
gang and/ or drug related offenses, and for the purpose of enforcing the terms
of probation.
1.3 Submit payment to the County within thirty (30}days after receiving monthly
invoices. Payments shall be submitted to:
Marion County Juvenile Department
3030 Center Street NE
Salem, OR 97301
Phone 503-588-5411
2 COUNTY OBLIGATIONS
2. t Provide juvenile probation officers for participation in joint juvenile probation
officer/ police officer home visits. Visits will be to the homes of juveniles living
in Woodburn who are on probation for gang and/ or drug related offenses.
These visits will be conducted for the purpose of enforcing the terms of
probation.
2.2 Provide juvenile probation officers for participation in joint juvenile probation
officer/ police officer hot spot visits. Visits will be to locations in Woodburn
where juvenile gang and drug activity is prevalent. Visits will be conducted
IGA Juvenile Probation Officer Support
Page 1
46
with the intent of making contact with juveniles living in Woodburn who are on
probation for gang andl or drug related offenses, and for the purpose of
enforcing the terms of probation.
2.3 Provide semi-annual statistical reports to the City detailing the number of
home visits, visits to hot spots, numbers of youth contacted that are in
compliance with the terms of their probation, and the numbers of youth
encountered who are in violation of the terms of their probation. Semi-annual
statistical reports shall be submitted to the City by January 15, 2010 for the
reporting period of July 1, 2009 -December 30, 2009, and July 15, 2010 for
the reporting period of January 1, 2010 -June 30, 2010, and January 15,
2011 for the reporting period of July 1, 2010 -December 30, 2010.
2.4 Submit billings and invoices to the City, on a monthly basis, for services
provided. Services shall be charged for each hour of time worked by
probation officers under the terms of this agreement. Services shall be
provided at a cost of $46.88 per hour for each hour of straight time worked,
and $70.32 for each hour of overtime worked.
Costs billed for the period of July 28, 2009 through September 30, 2009 shall
not exceed $17,525.
Costs billed for the period of October 1, 2009 through November 30, 2009
shall not exceed $2,281.
Costs billed for the period of December 1, 2009 through November 30, 2010
shall not exceed $12,318.
Total costs billed under this agreement shall not exceed $32,124.
2.5 Submit all invoices, billings and reports to:
Weed & Seed Program
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Phone 503-982-5228
3 GENERAL OBLIGATIONS
3.1 Each party shall be solely liable for third party claims arising from the actions
of that party's officers, employees and agents.
3.2 The City shall agree to defend, indemnify, and hold harmless the County, its
officers, agents, and employees from damages arising out of the tortious acts
of the City, its officers, agents, and employees acting within the scope of their
IGA Juvenile Probation Officer Support
Page 2
47
employment and duties in performance of this agreement subject to the
limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through
30.300, and the Oregon Constitution, Article X1 Section 7.
Likewise, the County shall agree to defend, indemnify, and hold harmless the
City, its officers, agents, and employees from damages arising out of the
tortious acts of the County, its officers, agents, and employees acting within
the scope of their employment and duties in performance of this agreement
subject to the limitations and conditions of the Oregon Tort Claims Act, ORS
30.260 through 30.300, and the Oregon Constitution, Article X1 Section 1.
3.3 When the parties share supervision and control over a project, each party
shall be liable for third party claims arising out of the actions of its officers,
employees and agents.
3.4 Each party shall be solely liable for its employees' workers' compensation
claims, regardless of which party is exercising supervision and control over
the project when the claim arises.
Nothing in this agreement shall be deemed to limit the right of either party to make a
claim against the other party for damages and injuries incurred by one party as a result
of the actions of the other party's officers, agents and employees.
This agreement represents the entire integrated understanding of the parties. This
agreement may be amended only in writing, executed with the same formalities as the
agreement itself.
This agreement may be terminated or renegotiated with thirty (30}days' written notice
by either party to:
For the Gity:
Jim Row, Community Services Director
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Phone 503-982-5265
For the County:
Faye Fogel, Director
Marion County Juvenile Department
3030 Center Street N E
Salem, OR 97301
Phone 503-588-5411
IGA Juvenile Probation Officer Support
Page 3
48
This Agreement shall become effective on the date upon which every party has signed
this Agreement. This Agreement shall expire on November 30, 2010 unless agreed to
by both parties to extend.
IGA Juvenile Probation Officer Support
Page 4
49
IN WITNESS WHEREOF, the porkies have caused this Agreement to be signed in their
respective names by their duly authorized representatives as of the dates set forth
below.
MARION COUNTY
Recommended By:
Juvenile Department Director Date
APPROVED AS TO FORM:
Contracts Compliance Analyst
APPROVED AS TO FORM:
Date
Legal Counsel
Date
!GA Juvenile Probation Officer Support
CITY OF WOODBURN
City Administrator
Date
Page S
50
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July 27, 2009
T0: Honorable Mayor and City Council through City Administrator
FROM: Dan Brown, Public Works Director
SUBJECT: CAPITAL DEVELOPMENT AND CITY OF WOODBURN PROPERTY
EXCHANGE -FINALIZE CITY ACQUISITION OF REG14NAl
STORM/SURFACE WATER DETENTION AND SANITARY SEWER FACILITIES
RECOMMENDATION:
That Counci authorize staff to negotiate an agreement between the City and
Capital Development to exchange real property within the Town Center at
Woodburn development as outlined in this staff report.
The final agreement will be presented to Council for approval by resolution.
BACKGROUND:
City staff and Capital Development have been in discussions surrounding the
transfer of the regional storm/surface water detention facility and the sanitary
sewer facility to the City since 2002. The staff that was involved in these
discussions is no longer employed by the City. Recently, Capital Development
has approached the present City staff to proceed with the exchange real
property within the Town Center at Woodburn development.
Understanding past discussions was a challenging but necessary step so that the
underlying issue could be addressed. The following is a summary of the
historical background:
1. Documentation of dialog between Capita( Development and the City
through representation by the Public Works Department is limited. An initial "like-
kind" agreement was drafted in 2002, although the City Attorney had no
involvement in the preparation of this document.
2. On August 24, 2005, the Public Works Department received correspondence
from the Capital Development, Engineer of Record for the Town Center at
Woodburn, addressing "issues" previously identified by the City "involving the
Agenda Item Review: City Administrat~r?~.. } City Attorney ~V~ Finance
Honorable Mayor and City Council
July 27, 2009
Page 2
existing sanitary sewer easements and storm water detention system". It is
assumed that the proposal presented by this letter is the "like-kind" agreement
initially discussed in 2002.
3. On March 8, 2006, David Torgeson, the farmer Assistant City Engineer, sent a
letter to George Wilhelm, Engineer for Capital Development, stating that Frank
Tiwari, the former Public Works Director, "wants resolution of the matter of mutual
interest". Basically, this letter outlines that the transfer of ownership of the
storm/surface water detention facility of the Town Center afi Woodburn to the
City will accompany the transfer of a portion of the original sanitary sewer
facility easement as fee title property to the City. In exchange the City would
transfer a portion of the original sanitary sewer foci ity easement back to Capital
Development. The transaction as proposed by the City required partitioning of
the originaC parcel in which the City agreed to pay fifty percent of the plat
partitioning costs.
5. On June 27, 2007, the City received a letter from George Wilhe{m stating that
Capital Development had nearly completed construction of the infrastructure
for the Town Center at Woodburn. The letter acknowledged Mr. Torgeson's
letter of March 8, 2006 outlining the procedure for turning the storm water
detention facility to the City. Mr. Wilhelm proceeded with the plat partitioning
work required.
b. On May 5, 2008, the Community Development Department approved
partition 2008-02 (submitted by Capital Development) dividing Lot 14 into two
distinct parcels. dot 14 has been divided into the parcel that currently is the
location of the sanitary sewer facilities and the undeveloped portion of the
parcel. The proposed agreement will transfer fee title to the sanitary sewer
facility parcel to the City for release of the sanitary sewer easement located on
the undeveloped portion of the former Lot 14.
DISCUSSION:
It is not apparent why the procedure described above evolved. It appears that
the transfer of privately developed public utility facilities needed for sustaining
this developed region of Woodburn should have been specified as a condition
of development approval.
Based upon historical discussions and commitments between Capital
Development and the City, I recommend that staff be authorized to negotiate
an agreement between the City and Capital Development to exchange real
52
Honorable Mayorand City Council
July 27, 2009
Page 3
property within the town Cenfier afi Woodburn development as specified in this
staff report. This will accomplish the fundamental goal of the City obtaining
ownership cf critical public utility facilities to sustain the development and
ensure regulatory compliance.
Capital De~~elopment has recently requested that a perpetual easement be
granted to them for installation of a sign in the deeded storm/surface water
detention facility. It is my recommendation that this request for a sign easement
not be included in the final agreement. I believe this easement would
contribute to future costs and effort associated with the maintenance and
operation of this facility and that placement is inconsistent with the state's and
City's goals of controlling advertising along state highways.
The main deal points of the final agreement with Capital Development are as
follows:
• Capital Development agrees to deed to the City Parcel 2 of Lot 13 of the
proposed 2008 partition of the Town Center afi Woodburn.
• The City agrees to accept in fee title from Capital Development Parcel 2
of Lot 13 and will be fully responsible for the operation and maintenance
of the Sanitary Sewer facilities located on Parcel 2.
• The City agrees to vacate a portion of the existing sanitary and storm
drain easement as recorded on Reel 87'6; Page 167, approximately .15
acres located south of the proposed Parcel 2 of the 2008 partition of Lot
13; Town Center at Woodburn.
• Capital Development will deed to the City Tract "A"; Town Center at
Woodburn plat. Tract "A" is also known and demarked as the storm water
detention facility constructed by Capital Development.
• The City agrees to accept title to Tract "A"and to assume full responsibility
for the operation and maintenance of the storm water detention facility
located thereon.
The proposed property exchange is consistent with the City's long term goals of
providing storm/surface water management and sanitary sewer that is
compliant with regulatory requirements and cost effective for the entire
community.
The proposed property exchange will result in the City acquiring the
storm surface water detention facility constructed by Capital Development as a
permit requirement of their development and fee title of the final property
needed for sanitary sewer facilities in this region of Woodburn. In exchange, the
53
Honorable Mayor and City Council
July 27, 2009
Page 4
City will vacate a portion of the original easement dedicated by Capital
Development for the regional sanitary sewer facilities.
Attached to this staff report are the following exhibits:
Exhibit "A" - Map of Parcel 2 of Lot 13 of the 2008 partition
Exhibit "A-1" -Property description of Parcel 2 of Lot 13 of the 2008 partition
Exhibit "6" - Map of Tract "A" of plat of Town Center at Woodburn
Exhibit "C" -- Map of existing storm and sanitary sewer easement released in
exchange for deed to Parcel 2 of Lot 13 of 2008 partition and not needed by
the City for 1~1~e operation and maintenance of sanitary sewer facilities on Parcel
2
Exhibit "C-1" -- Property description of released sanitary sewer and storm water
easement on Lot 13
FINANCIAL IMPACT:
The propert;~ Exchange is a no cost item for the City. The long term cost
associated ~~~~ith the operation and maintenance of the storm and surface water
detention facility will be recovered under a future storm water management
utility fee or other cost recovery mechanism approved by Council. The
operation and maintenance of the sanitary sewer facilities are recovered
through the sewer rate structure.
54
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DATE; 6/29/2009
55
Legg) Uescr:iptiorr Prop~tr.y ref he Gc~edecl td tht~ Ctky of. Wnocihu~:~z
~ portion of Lot 1:3, 't'own C;t:nttr at: wuudb~Ir.n, in the Sout~hwPSt 1!4 section 12;
Township 5 South; Range 2 Gt~:sl; City of r-oc~dburn, ~Iaradn Ct~urtLy, Oregon rnorc
~articul.arly described ~~s fo~.l.ows:
Commencing ar a 5lr~" iron rod .in tho castcrly right~of-way of Stacy AlliSOn way,
khc~ c~r.,nr MorLhar_l.y west. corner ~f said Lor, l3, '!'own Center at ~iVoodbu.rn plat, the
poirtk a1 bec3inn i i~c~; thence :youth 88°52' Q9" East, along the Nort .l line of snit!
t,crr. l.3 ~~ distance o.C HK."l2 tnet l.o a 51R" iron rod; thence So~lth 0~l°32':0" East
a1c~r~c~ tt~~ ~astc~Lly line ~~ sai_d Lot 13 a distance oi' 12:i.2R feet to a alti" ~rac~
rod itt the suut:h Line c5i << St'c~rm Drain Easement recorded in Ree]. 1Q74, Page '12;
Lllenc:~ North Bf3°52'09" we: ~., ~~1.onq the south l i nP of Sdi(i Si.orm Drain Ea~emer~+,.
a distancc~ cat 195 . Eb ~cser.r.n the eastet~l.y tight-c~f~•way of Stacy Aliy.sor~ W~~y;
chenr:c North 35°57'OQ" r'ast- along said easterly right-of-«ay a ~Ii~Ganc.e of
150. ~ ~ feet r~:} ~t1P, Puirtl. of aeginnzng.
Corit:aininy D.~lb ItCKLS, mare or• Iess.
PLOT DATE: 6.29.2009
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ENGINEERING D16'ISION DATE; 6/29/2009
56
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58
Legal Description for Vacation of an Easement far Sewer Pump station
A Portion of Lot z3, Town Center at Woodburn, a.n the Southwest lf4 Section
12: Township 5 South: Range 2 West: City of Woodburn, Marion County, Oregon
more particularity described as fo.llaws:
Beginning at a point an the south line of that tract of land conveyed to Lucas
Homes, Inc. by deed recorded in Reel 561, Page 55, Marian County Deed Records, 12
feet South 68°52'1Q" East from the Southwest corner, said point also described
as being 50 feet North 89°15'20" west and 1995.92 feet North 88°52'1.0" West fxom
the Northwest corner of Lot 1, Block G9, Woodburn Senior Estates No. ?, as
recorded in Vollune 22, Page 42, Book of Town Plats far Marion Countyr Oregon
and running thence North 53°07'25" East 81.5 feet; thence South 36°52'35" East
63,02 feetto a point on the South line of the Lucas Homes, Inc. property; thence
South 88°52'10" East along the South line 94.70 Feet to a point; thence South 1°07'50"
nest IZ0.15 feet to a paint; thence South 53°Q7'25" West46.47 feet to a northeasterly
line of Lot 13- Town Center at Woodburn and the TRUE POINT OF BEGINNING: thence South
53°07'25" West, a distance of 123.53 feet, thence North 36°52'35" West, to a south
line of a Storm Brain Eastement recorded in Reel 1674, gage 72, a distance of 102.62
Feet; thence South 88°52'09" East, along the southerly line of said Storm Drain
Easement a distance of 153.62 feet to a 5/B" .iron rod at an angle point in an
Easterly line of said Lot 13; thence South 54°04'43" East, along an easterly l~.ne of
said Lot 13 a distance of 8.40 feet to the TRUE POINT OF BEGINNING.
Said Parcel Contains 0,15 ACRES, more or less.
PLOT DATE: 6,29.2009
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Incor orated X889
S PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION DATE; 6/29/2009
59