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08-09-2010 Agenda Packet
CITY O F WOO D B U RN DICK PUGHTCOUNCILOR WARD ~ J. MEL SCHMIDT, COUNCILOR WARD II CITY COUNCIL AGENDA PETER MCCALLUM, COUNCILOR WARD III JAMES COX, COUNCILOR WARD V p n FRANK LONERGAN, COUNCILOR WARD V AUGUST 7~ LOl O ~ 7.00 P•IVI• ERIC MORRIS, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. Appointments: None. 4. PROCLAMATIONS/PRESENTATIONS Proclamations: A. Fill-the-Boot Presentations: None. 5. GOVERNMENT REPORTS A. Chamber of Commerce B. Woodburn School District 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA -Items listed on the consent agenda are considered routine and maybe adopted by one motion. Any item maybe removed for discussion at the request of a Council member. "Hawa intevpvetes c~isponi~~es pava aque~~as pevsonas que no ~ja~~an In9~es~ pvevio acuevc~o. Comuniquese a~ (503) 980-2485.. 1 August 9, 2010 Council Agenda Page i A. Woodburn City Council minutes of July 26, 2010 2 Recommended Action: Approve the minutes. B. Crime Statistics Through July 2010 7 Recommended Action: Accept the report. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. 11. GENERAL BUSINESS -Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill No. 2836 - An Ordinance Granting a 11 Telecommunications Franchise to Lightspeed Networks, Inc. to Occupy Certain Rights-Of-Way within the City Of Woodburn Recommended Action: Adopt the Ordinance. B. Council Bill No. 2837 - A Resolution Adopting the Wastewater 40 Facilities Plan and Rate Study as Required by the Oregon Department of Environmental Quality and Directing Staff to Implement Said Plan Recommended Action: Adopt the Resolution. C. Council Bill No. 2838 - A Resolution Adjusting Wastewater Rates 56 in Order to Implement the Wastewater Facilities Plan and Rate Study and Setting Effective Dates Recommended Action: Adopt the Resolution. D. Transient Occupancy Grant Distribution and Proposed Three 66 Year Agreement with the Woodburn Area Chamber of Commerce Recommended Action: Authorize the proposed three year agreement with the Woodburn Area Chamber of Commerce providing $48,000 peryearand requiring program deliverables, August 9, 2010 Council Agenda Page ii accounting and reporting. E. Award of Construction Contract for Willow Avenue Storm Drain 78 Improvements Recommended Action: that the City Council, acting as the Local Contract Review Board, award a construction contract for the Willow Avenue Storm Drain Improvements to GT Excavating, LLC in the amount of $56,473.87 F. Cancellation of August 23, 2010 Council Meeting 80 Recommended Action: Cancel August 23, 2010 meeting. 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS -These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A. Director's approval of Zoning Adjustment 2010-01, at 703 N. 81 Evergreen Road (Silver Creek Assisted Living Center) Recommended Action: No action is recommended. 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 15. ADJOURNMENT August 9, 2010 Council Agenda Page iii PROCLAMATION "Fill-the-Soot" September 4, 2010 WHEREAS, Woodburn Fire District has been working with the Muscular Dystrophy Association in their fight against neuromuscular disease; and WHEREAS, "Fill-the-Boot" is an opportunity For Oregon firefighters to asl< community members to drop donations into their fire boots to help local families served by MDA in the state; and WHEREAS, this year marls the 55th anniversary of the partnership between firefighters and MDA in the fight against muscle wasting diseases; NOW, THEREFORE, I, Kathryn Figley, Mayor of the City of Woodburn, proclaim September 4, 2010, as: Woodburn Fire District "Fi11-the-Boot" Day for the City of Woodburn. IN WITNESS WHEREOF, I hereunto set my hand and caused the seal of the City of Woodburn to be affixed this 4`h day of August 2010. Kathryn Figley, Mayor City of Woodburn 1 COUNCIL MEETING MINUTES July 26, 2010 HR:MN o:oo DATE COUNCIL CHAMBERS, CITY HALL, CITY OF VVOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 26, 2010. CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Morris Present Councilor Pugh Present Councilor Schmidt Present Page 1-Council Meeting Minutes, July 26, 2010 2 COUNCIL MEETING MINUTES July 26, 2010 HR:MN o:o~ PUBLIC HEARING - WATER SUPPLY SYSTEM DISINFECTION PROJECT Public Works Director Brown, accompanied by members of the proj ect team, provided a staff report on the Water Supply Disinfection Proj ect and some background on the current conditions of the City Water supply. Melinda Friedman of Confluence Engineering Group provided a presentation (included by reference) and answered clarifying and technical questions posed by Council. 0:46 Mayor Figley invited those members of the audience in favor of disinfection to address Council. Robert Hayes, of 612 North Cascade Woodburn, stated that he is fully in favor of disinfecting. Nancy Kirksey of 1049 McKinley St., Woodburn, commented on the length of time it has taken to disinfect the water and believes the City needs to move forward with disinfection due to the large number of children and elderly. Elizabeth Waite of 2665 Roanoke, Woodburn, researched chloramines and is concerned about the residual byproducts which she believes cannot be removed from the water in the same way as chlorine by chemically sensitive people, but is generally in favor of disinfection. Richard Jennings of 595 Filbert, Woodburn was previously opposed to disinfection but has changed his mind with additional information and assurances that filtration devices will be made available to those with medical issues resulting from disinfection. 0:56 biofilm would eventually reappear. Kevin Kenagy, of 251 N 3rd St asked about the differences between professional opinions regarding chloramine and chlorine and asked for clarification of the health risks and the proposed program for filtration. Page 2 -Council Meeting Minutes, July 26, 2010 3 COUNCIL MEETING MINUTES July 26, 2010 HR:MN Melinda Friedman reviewed the few scientifically documented potential health risks, including cancer, and noted that these risks were associated with exposures much higher than is being proposed for the City Disinfection project, and would exceed safe drinking water standards. She stated that this is an area of continuing research by the Environmental Protection Agency. Public UVorks Director Brown discussed the public information program which will include numerous town halls and water bill inserts. Orlando Lopez, of 1249 McKinley St, was concerned with the communication/education programs and hopes that the city will explore alternative means to get information out to the public. 1:3~ The Mayor closed the public hearing. The Council discussed the testimony received and the information provided by staff and the project team. Councilor Schmidt talked about the damage that earthquakes can cause to a distribution system. He thinks the City should proceed with putting in a secondary disinfection system and decide between chlorination and chlorimation later. Councilor Cox feels the hearing today was worthwhile due to the significance of the issue and its potential impact on the public. He recognizes that there are people that are opposed to disinfection due to potential health risks, but does not believe convincing scientific evidence of adverse health risk has been provided. He discussed his research into chlorimation which leads him to conclude that there are no known adverse long term health effects associated with drinking water applications of chloramine. Councilor McCallum stated that decisions have to be made based on the best information available at the time. The future may bring additional, differing, or contrary information, but decisions cannot be delayed waiting for that information. He thinks it is time to move on and rely on the information provided by the experts and act expediently. He agrees that extensive notification and education is necessary to inform the public. Councilor Pugh agreed with Councilor McCallum, and expressed that he thought there would be greater turnout for the hearing. He feels that the Council have invested a great deal of time and effort in researching the issue and does not feel that anyone is dodging responsibility for the decision. He also supports extensive notification and education efforts. Councilor Lonergan continues to support moving forward immediately and appreciates the efforts of staff to provide the clarification and information Councilor Morris stated that he made his decision long ago, and continued to review all of the information provided. He indicated readiness to move forward with the project expediently. Page 3 -Council Meeting Minutes, July 26, 2010 4 COUNCIL MEETING MINUTES July 26, 2010 HR:MN Council asked staff about next steps and City Administrator Derickson stated that staff was planning on bringing the equipment contract award presented at the July 12, 2010 meeting to the first meeting in August. Council and the Mayor expressed a desire to move ahead with the purchase of equipment immediately. Z:lo COUNCIL BILL N0.2835 - AN ORDINANCE IMPLEMENTING CERTAIN LOCAL INCENTIVES FOR BUSINESSES WITHIN THE WOODBURN ENTERPRSE ZONE. McCallum introduced Council Bill No. 2835. Recorder Shearer read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2835 duly passed. Page 4 -Council Meeting Minutes, July 26, 2010 5 COUNCIL MEETING MINUTES July 26, 2010 HR:MN Z:ZO ADJOURNMENT McCallum/Lonergan...meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:30 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Shearer, Recorder Page 5 -Council Meeting Minutes, July 26, 2010 6 B,,,ZO,o Woodburn Police Department MONTHLY ARRESTS BY OFFENSES JANUARY THRU JULY 2010 CHARGE DESCRIPTION Total Jan Feb Mar Apr May Jun Jul GGRAVATED ASSAULT 6 0 1 1 0 2 1 1 NIMAL ORDINANCES 13 0 3 2 0 2 3 3 RSON 1 0 1 0 0 0 0 0 SSAULT SIMPLE 74 8 19 11 7 12 13 4 BURGLARY -OTHER STRUCTURE 3 2 0 1 0 0 0 0 BURGLARY- RESIDENCE 10 2 2 6 0 0 0 0 CHILD NEGLECT 18 12 0 3 0 3 0 0 CITY ORDINANCE 1 0 0 0 0 0 0 1 CRIME DAMAGE-NO VANDALISM OR ARSON 9 4 3 0 0 1 1 0 CRIMINAL MISTREATMENT 2 0 0 0 1 0 1 0 CURFEW 7 2 0 0 1 4 0 0 CUSTODY - DETOX 6 0 1 0 0 0 2 3 CUSTODY-MENTAL 24 7 3 4 2 1 3 4 DISORDERLY CONDUCT 42 3 12 4 4 8 9 2 DRIVING UNDER INFLUENCE 41 2 2 7 5 10 6 9 DRUG LAW VIOLATIONS 68 6 7 8 12 19 10 6 DRUG PARAPHERNALIA 1 1 0 0 0 0 0 0 DWSIREVOKED -FELONY 1 1 0 0 0 0 0 0 DWSIREVOKED-MISDEMEANOR 19 2 2 4 1 5 3 2 ELUDE 5 0 1 1 1 2 0 0 ESCAPE FROM YOUR CUSTODY 1 0 1 0 0 0 0 0 FAIL TO DISPLAY OPERATORS LICENSE 9 0 0 0 2 1 2 4 FAILURE TO REGISTER AS SEX OFFENDER 1 0 0 0 0 1 0 0 FAMILY-OTHER 10 10 0 0 0 0 0 0 FORGERYICOUNTERFEITING 8 1 1 3 0 0 1 2 FRAUD - BY DECEPTION/FALSE PRETENSES 1 0 0 0 0 0 0 1 FRAUD -CREDIT CARD/AUTOMATIC TELLER MACHINE 2 1 0 1 0 0 0 0 FRAUD -IMPERSONATION 2 0 1 0 0 1 0 0 FRAUD - OF SERVICES/FALSE PRETENSES 1 0 0 0 0 1 0 0 FUGITIVE ARREST FOR ANOTHER AGENCY 102 19 18 12 9 16 12 16 FURNISHING 5 3 0 0 0 0 1 1 GARBAGE LITTERING 7 0 0 2 3 0 0 2 HIT AND RUN-MISDEMEANOR 7 1 0 1 2 0 0 3 IDENTITY THEFT 2 1 0 1 0 0 0 0 INTIMIDATION /OTHER CRIMINAL THREAT 23 4 7 2 3 3 3 1 KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 3 0 0 0 1 0 1 1 LICENSING ORDINANCES 1 0 0 1 0 0 0 0 MINOR IN POSSESSION 31 5 2 0 13 2 4 5 MINOR IN POSSESSION -TOBACCO 1 0 0 0 0 0 0 1 MOTOR VEHICLE THEFT 2 0 0 0 1 1 0 0 OTHER 29 5 3 4 7 1 2 7 PUBLIC HEALTH AND SAFETY ORDINANCES 1 0 0 1 0 0 0 0 RECKLESS DRIVING 9 0 0 2 3 3 0 1 RESTRAINING ORDER VIOLATION 4 0 1 1 0 0 1 1 ROBBERY- BUSINESS 2 0 1 0 1 0 0 0 ROBBERY- HIGHWAY 1 0 0 0 1 0 0 0 ROBBERY-OTHER 1 1 0 0 0 0 0 0 RUNAWAY 4 0 1 1 1 0 0 1 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 1 0 0 0 1 0 0 0 SEX CRIME -MOLEST (PHYSICAL) 6 3 2 0 1 0 0 0 SEX CRIME -NON FORCE SODOMY 1 0 0 0 1 0 0 0 SEX CRIME -NON-FORCE RAPE 1 0 0 0 0 0 0 1 SEX CRIME -PORNOGRAPHY/OBSCENE MATERIAL 1 0 1 0 0 0 0 0 STALKER 1 0 0 0 0 0 1 0 STOLEN PROPERTY - RECEIVI NG, BUYI NG, POSSESSI NG 2 0 0 0 0 1 1 0 Page 1 of 2 7 B,,,ZO,o Woodburn Police Department MONTHLY ARRESTS BY OFFENSES JANUARY THRU JULY 2010 Total Jan Feb Mar Apr May Jun Jul HEFT -BICYCLE 1 0 0 0 0 0 1 0 HEFT -BUILDING 8 2 2 4 0 0 0 0 HEFT -FROM MOTOR VEHICLE 7 3 0 0 2 0 2 0 HEFT -OTHER 11 2 3 3 1 1 0 1 HEFT -PURSE SNATCH 1 1 0 0 0 0 0 0 HEFT -SHOPLIFT 47 10 4 8 5 6 11 3 RAFFIC VIOLATIONS 91 10 8 17 11 18 13 14 RESPASS 29 3 5 4 5 5 5 2 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 5 3 0 0 0 0 2 0 ANDALISM 12 1 5 0 4 0 2 0 ARRANT ARREST FOR OUR AGENCY 28 0 0 1 6 6 12 3 EAPON -CARRY CONCEALED 8 0 2 2 1 2 1 0 EAPON - EX FELON IN POSSESSION 1 0 1 0 0 0 0 0 EAPON -POSSESS ILLEGAL 2 1 0 0 1 0 0 0 Jan Feb Mar A r Ma Jun Jul 2010 Total 885 142 126 123 120 138 130 106 2009 Total 1,207 136 199 169 170 168 192 173 2008 Total 1,267 197 207 164 172 185 150 192 Arrests /Year 1400 1200 1000 ~ 800 N L L Q 600 400 200 0 2008 2009 2010 Year Page 2 of 2 8 $,^2010 Woodburn Police Department MONTHLY CRIMINAL OFFENSES JANUARY THRU JULY 2010 CHARGE DESCRIPTION Total Jan Feb Mar Apr May Jun Jul GGRAVATED ASSAULT 8 1 2 2 0 1 2 0 NIMAL CRUELTY 1 0 1 0 0 0 0 0 NIMAL ORDINANCES 13 0 3 2 0 3 3 2 RSON 12 0 2 2 1 6 1 0 SSAULT SIMPLE 69 9 12 10 5 15 13 5 BURGLARY-BUSINESS 27 3 5 8 4 1 6 0 BURGLARY -OTHER STRUCTURE 19 5 2 3 5 1 2 1 BURGLARY -RESIDENCE 44 12 7 9 3 5 5 3 CHILD NEGLECT 4 0 0 2 1 1 0 0 CITY ORDINANCE 1 0 0 0 0 0 1 0 CRIME DAMAGE-NO VANDALISM OR ARSON 116 33 20 26 12 12 10 3 CRIMINAL MISTREATMENT 3 0 0 0 2 0 1 0 CURFEW 3 1 0 0 1 1 0 0 CUSTODY - DETOX 6 0 1 0 0 0 2 3 CUSTODY- MENTAL 24 7 3 4 2 1 3 4 DISORDERLY CONDUCT 31 5 5 2 3 7 6 3 DRIVING UNDER INFLUENCE 41 2 2 7 5 10 6 9 DRUG LAW VIOLATIONS 53 4 7 6 14 8 9 5 DWS/REVOKED -FELONY 1 1 0 0 0 0 0 0 DWS/REVOKED-MISDEMEANOR 19 2 2 4 1 5 3 2 ELUDE 7 0 1 2 1 3 0 0 EMBEZZLEMENT 1 1 0 0 0 0 0 0 ESCAPE FROM YOUR CUSTODY 1 0 1 0 0 0 0 0 FAIL TO DISPLAY OPERATORS LICENSE 9 0 0 0 2 1 2 4 FAILURE TO REGISTER AS SEX OFFENDER 1 0 0 0 0 1 0 0 FAMILY-OTHER 1 1 0 0 0 0 0 0 FORCIBLE RAPE 2 0 1 0 0 1 0 0 FORGERY/COUNTERFEITING 30 5 2 8 5 5 1 4 FRAUD - BY DECEPTIONIFALSE PRETENSES 3 1 0 0 0 1 0 1 FRAUD - CREDIT CARDIAUTOMATIC TELLER MACHINE 20 7 1 2 3 3 2 2 FRAUD -IMPERSONATION 7 0 1 1 1 3 1 0 FRAUD - OF SERVICESIFALSE PRETENSES 1 0 0 0 0 1 0 0 FUGITIVE ARREST FOR ANOTHER AGENCY 98 16 19 13 9 15 12 14 FURNISHING 6 3 0 0 1 0 1 1 GARBAGE LITTERING 6 0 0 2 2 0 0 2 HIT AND RUN FELONY 2 0 0 0 2 0 0 0 HITANDRUN-MISDEMEANOR 77 11 9 13 9 11 9 15 IDENTITY THEFT 12 1 0 3 2 3 2 1 INTIMIDATION (OTHER CRIMINAL THREAT 32 7 6 3 3 7 2 4 KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 5 0 1 0 1 0 1 2 LICENSING ORDINANCES 2 0 0 1 0 1 0 0 MINOR IN POSSESSION 19 3 2 0 6 2 4 2 MINOR IN POSSESSION -TOBACCO 1 0 0 0 0 0 0 1 MISCELLANEOUS 53 10 4 6 7 13 7 6 MOTOR VEHICLE THEFT 44 11 7 5 3 6 11 1 OTHER 32 5 5 6 6 2 2 6 PROPERTY-FOUND LOSTMISLAID 35 9 2 6 2 3 11 2 PROPERTY RECOVER FOR OTHER AGENCY 1 0 0 0 0 0 0 1 PUBLIC HEALTH AND SAFETY ORDINANCES 1 0 0 0 0 0 0 1 RECKLESS DRIVING 9 0 0 2 3 3 0 1 RESTRAINING ORDER VIOLATION 3 0 0 1 1 0 0 1 ROBBERY -BUSINESS 3 0 1 1 1 0 0 0 ROBBERY -HIGHWAY 1 0 0 0 1 0 0 0 ROBBERY -OTHER 2 1 0 0 0 1 0 0 RUNAWAY 19 1 2 5 3 2 4 2 9 Page 1 of 2 $,^2010 Woodburn Police Department MONTHLY CRIMINAL OFFENSES JANUARY THRU JULY 2010 Total Jan Feb Mar Apr May Jun Jul SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 3 0 0 1 2 0 0 0 SEX CRIME -EXPOSER 1 0 0 1 0 0 0 0 SEX CRIME -FORCIBLE SODOMY 2 0 0 0 0 1 0 1 SEX CRIME -MOLEST (PHYSICAL) 15 5 6 1 1 2 0 0 SEX CRIME -NON FORCE SODOMY 1 0 0 0 1 0 0 0 SEX CRIME-NON-FORCE RAPE 2 0 0 1 0 0 0 1 SEX CRIME - PORNOGRAPHYIOBSCENE MATERIAL 1 0 1 0 0 0 0 0 STALKER 1 0 0 0 0 0 1 0 STOLEN PROPERTY - RECEIVING,BUYING,POSSESSING 3 1 0 0 0 1 1 0 SUICIDE 3 1 2 0 0 0 0 0 THEFT-BICYCLE 9 1 1 0 1 2 3 1 THEFT-BUILDING 17 1 4 6 2 1 1 2 THEFT-COIN OP MACHINE 4 0 0 0 0 0 2 2 THEFT -FROM MOTOR VEHICLE 132 46 20 28 15 12 7 4 THEFT -MOTOR VEHICLE PARTSIACCESSORIES 21 11 6 1 1 0 1 1 THEFT -OTHER 74 13 8 12 5 10 9 17 THEFT -PICKPOCKET 2 1 0 0 0 0 1 0 THEFT-PURSE SNATCH 3 1 0 0 0 0 1 1 THEFT-SHOPLIFT 56 7 4 14 8 8 9 6 TRAFFIC VIOLATIONS 95 11 8 18 11 18 12 17 TRESPASS 36 5 6 6 5 6 5 3 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 56 18 7 16 5 2 7 1 ANDALISM 188 31 17 26 23 47 33 11 EHICLE RECOVERD FOR OTHER AGENCY 9 3 0 0 2 1 3 0 ARRANT ARREST FOR OUR AGENCY 27 0 0 0 7 6 11 3 EAPON -CARRY CONCEALED 7 0 2 1 1 2 1 0 EAPON - EX FELON IN POSSESSION 1 0 1 0 0 0 0 0 EAPON -POSSESS ILLEGAL 3 2 0 0 0 0 0 1 Total Jan Feb Mar Apr May Jun Jul 2010 Total 1,813 336 232 299 223 284 253 186 2009 Total 2,028 276 297 289 309 283 261 313 2008 Total 2,330 323 362 299 293 362 349 342 Offenses /Year 2400 2000 N 1600 W N Z 1200 W ~ 800 400 0 2008 2009 2010 YEAR 10 Page 2 of 2 .,_: .~.a..i f,~~j' . - -~,~ £'Re F ~ A" t 4 ~ ~ al I L ~' ~5 'S ~~f"".~~." 1~ August 9, 2010 T0: Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Economic Development Services Director N. Robert Shields, City Attorney SUBJECT: Telecommunications Franchise Agreement with LS Networks RECOMMENDATION: Adopt the proposed ordinance granting a Telecommunications Franchise to Lightspeed Networks Inc, to occupy certain rights-of-way in the City of Woodburn. BACKGROUND: In 2001, the City passed a Telecommunications Franchise Ordinance (Attachment "A"~, which establishes a process for considering telecommunications franchise applications. After an extended series of communications with the City, Lightspeed Networks Inc, ~"LS Networks"~ applied for a Telecommunications Franchise on April 20, 2010 Attachment "B"). LS Networks wants to install telecommunications facilities within the City, interconnecting Qwest to Gervais Telephone facilities on North Boones Ferry Road. Federal and state telecommunications law dictate the extent to, and the manner in which, local jurisdictions can regulate telecommunications carriers. Cities must evaluate requests for franchises and grant them if certain regulatory requirements are met. Jurisdictions may obtain compensation for the use of their rights-of-way but must do so on a "competitively neutral and non- discriminatory basis". In addition to federal and state law, with the ever expanding technology, telecommunication has become increasingly complex. Before the advent of the Internet, cities separately franchised telephone companies and cable television providers and these companies provided only a single service. Fortunately for Woodburn, the City's Telecommunications Ordinance complies with the 1996 Telecommunications Act and sets out franchise requirements. If Agenda Item Review: City Administrator _x City Attorney _x Finance _x 11 Honorable Mayor and City Council August 9, 2010 Page 2 the City had not adopted this ordinance, it would not be in nearly as strong of a position to process the LS application. The City's ordinance requires an "application & review fee" of $2,000 in anticipation that some specialized assistance will be needed to evaluate most telecommunications applications. In evaluating the LS Network application, the City consulted with Pam Beery, a well known telecommunications specialist. It is important to understand what LS Networks wants to do so that its impact on City right-of-way can be determined and the public is fairly compensated for use of the right-of-way. oiscussioN~ The franchise allows LS Networks to occupy specified City right-of-way see Attachment "B") as a facility-based provider, for five years. The franchise may be automatically renewed for an additional five years under the same terms and conditions if both parties agree to do so. Subject to any restrictions imposed by federal law, the franchise fee payable to the City shall be 7% of the LS Networks gross revenues earned within the corporate limits of the City. Notwithstanding the type of telecommunications services provided, LS Networks shall pay a minimum annual franchise fee of $1,000 for the privilege of using the City's rights-of-way. As a point of information, LS Networks is considering expanding services within Woodburn, potentially providing direct services to commercial businesses. However, that decision is to be made in the future and would require amending the franchise agreement. FINANCIAL IMPACT: Based on conservative projections of LS Networks, initial franchise fee revenues to the City are estimated at approximately $1,000 annually. This amount could grow, should LS Networks expand and provide direct services to commercial customers. The interconnection between Qwest and Gervais Telephone potentially expand to local residents. Attachments "A" -Ordinance 2284- Telecommunications Franchise Ordinance "B" -Telecommunications Franchise Application of LS Networks 12 ATTACHMENT COUNCIL BILL NO. 2299 -~-of 20 ORDINANCE NO, 2 2g4 AN ORDINANCE RELATING TO TELECOMMUNICATIONS WITHIN THE CITY; PRQVIDING FOR THE MANAGEMENT OF PUBLIC RIGHTS OF WAY' AND DECLARING AN EMERGENCY. THE CITY CIF WOC)DBURN ORDAINS AS FC)LLOWS: Section 1, Purpose. The purpose and intent of this ordinance are to: ~ 1 } Comply with the 199b Telecommunications Act as it applies to local overnments tel g ' ecommun~cat~ons carvers and the services those carriers offer; ~Z} Pramate competition on a competitively neutral basis in the rovision of telecammunicati p ons services; ~3} Encourage the provision of advanced and competitive telecommunications services on the widest possible basis to the City's businesses and residents; ~4} Permit and manage reasonable access to the City's public ri hts-of wa for g y telecommunications purposes on a competitively neutral basis and conserve the limited physical capacity of those public rights of way held in trust by the Cit Y~ ~5} Assure that the City's current and ongoing costs of granting and re ulatin rivate access to g gp and the use of the public rights of way are fully compensated by the ersons seekin such p g access and causing such casts; ~~} Secure fair and reasonable compensation to the City and its residents far ermittin rivate p gp use of the public right of way; ~7} Assure that all telecommunications carriers providing facilities or services within the Cit Y or passing through the City, register and comply with the ordinances, rules and re ulations g of the City; ~8} Assure that the City can continue to fairly and responsibly protect the ublic health safet . . p ~ y and welfare of its citizens; ~9} Enable the Gity to discharge its public trust consistent with the ra idl evolvin federal and . p y g state regulatory pol~c~es, industry competition and technological develo ment. p Page 1-Council Bill No, 2299 Ordinance No. 2284 13 ATTACHMENT gage Z of ~ p Seetivn 2, Definitions, As used in this Ordinance, the following definitions apply, V~ords not defined shall be given the meaning set forth in the Communications Policy Act of 1934, as amended, the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 199, and the Telecommunications Act of 1996. 1f not defined there, the words shall be given their common and ordinary meaning. ~ I } "Aboveground Facilities" See Overhead Facilities. ~2} "Affiliated Interest" has the same meaning as ORS 759.fl 10. ~3} "Cable Act" means the Cable Communications Policy Act of 1984, 47 U.S.C. § 521, et seq., as now and hereafter amended. ~4} "Cable service" is defined consistent with federal laws and means the one-way transmission to subscribers of video programming, or other programming service; and subscriber interaction, if any, which is required far the selection or use of such video programming or other programming service. ~5} "City" means the City of Woodburn, an Oregon municipal corporation, and individuals authorized to act on the City's behalf. ~6} "City Administrator" means the City Administrator of the City of Woodburn. ~7} "City Engineer" means the City Engineer of the City of woodburn. ~8} "City praperty" includes all real property owned by the City, other than public rights of way and utility easements as defined in this ordinance, and all property held in a proprietary capacity by the City that are not subject to right of way franchising under this Ordinance. (9} "Control" or "controlling interest" means actual working control in whatever manner exercised, ~ 1 ~} "Conduit" means any structure or portion of a structure containing one or more ducts, conduits, manholes, hnnholes, bolts, or other facilities used for telegraph, telephone, cable television, electrical, or communications conductors, or cable right of way, owned or controlled, in whole or in part, by one or mare public utilities. ~ 11 } "Construction" means an activity in the public rights of way resulting in physical change, including excavation or placement of structures, but excluding routine maintenance or repair of existing facilities, ~ 12} "Days" means calendar days unless otherwise specified. X13} "Duct" means a single enclosed raceway for conductors or cable. Page ~ -Council Bill No. ~~gg Ordinance No. ~ Zg4 14 ATTACHMENT' A _, gage ~ of z a (14} "Emergency" has the meaning provided for in ORS 401.025. (15} "Federal Communications Commission" or "FCC" means the federal administrative agency, or its lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. (l 6} "Franchise" means an agreement between the City and a grantee which grants a privilege to use public right of way and utility easements within the City for a dedicated purpose and for specx tc compensation. (17) "Grantee" means the person to which a franchise is granted by the City. (18} "Oregon Public Utilities Commission" or "OPUC" means the statutorily-created state agency in the State of Oregon responsible for licensing, regulation and administration of certain telecommunications carriers as set forth in Oregon Law, or its lawful successor. (I9} "Overhead" or "Aboveground Facilities"' means utility poles, utility facilities and telecommunications facilities on or above the surface of the ground, including the underground supports and foundations for such facilities, (20} "Person" means an individual, corporation, company, association, joint stock company or association, firm, partnership, or limited liability company, (21 } "Private telecommunications network" means a system, including the construction, maintenance or operation of the system, for the provision of a service or portion of a service that is owned or operated exclusively by a person for his or her use and not for resale, directly or indirectly. "Private telecommunications network" includes services provided by the State of Oregon pursuant to ORS 190.240 and 283.140. (22} "Public rights of way" means a strip of land reserved far public uses such as roadways and sewer and water lines and includes, but is not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements, and all other public ways or areas, including the subsurface under and air space over these areas. This definition applies only to the extent of the City's right, title, interest or authority to grant a franchise to occupy and use such areas for telecommunications facilities. "Public rights of way" also includes utility easements as defined below, (23} "Telecommunications" means the transmission between and among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. (24} "Telecommunications Act" means the Communications Policy Act of 1934, as amended by subsequent enactments including the Telecommunications Act of 1996 (47 U.S.C. 151 et seq.} and as hereafter amended. Page 3 -Council Bill No, 22 gg Ordinance No. ~Zg4 15 ATTACHMENT ~ ~ ai Z~ X25} "Telecommunications carrier" means a provider of telecommunications services and includes every person that directly or indirectly owns, controls, operates or manages telecommunications facilities within the City. X25} "Telecommunications facilities" means the plant and equipment, other than customer premises equipment, used by a telecommunications carrier. X26} "Telecommunications service" means two-way switched access and transport of voice communications but does not include: a} services provided by radio common carrier; b} one-way transmission of television signals; c} surveying; d}private telecommunications networks; ore} communications of the customer which take place on the customer side of on-premises equipment. X27} "Telecommunications system" see "Telecommunications facilities" above. X28} "Telecommunications utility" has the same meaning as oRS 759.005 1 }. X29} "Underground facilities" means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for "overhead facilities." X30} "Usable space" means all the space on a pole, except the portion below ground level, the 20 feet of safety clearance space above ground level, and the safety clearance space between communications and power circuits. There is a rebuttable presumption that six feet of a pole is buried below ground level. X31 } "Utility easement" means an easement granted to or owned by the City and acquired, established, dedicated or devoted for public utility purposes. X32} "Utility facilities" means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cable, wires, plant and equipment located under, on, or above the surface of the ground within the public right of way of the City and used or to be used far the purpose of providing utility or telecommunications services. Section 3. Jurisdiction and Management of the Public Rights of Way ~1} The City has jurisdiction and exercises regulatory management over all public rights of way within the City under authority of the City charter and state law. ~2} Public rights of way include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including the subsurface under and air space over these areas, ~3} The City has jurisdiction and exercises regulatory management over each public right of way whether the City has a fee, easement, or other legal interest in the right of way. The Page 4 -Council Bill No. 2299 ordinance No. 22g4 16 ~~ACHM~N page ~ of ~a ~: City has jurisdiction and regulatory management of each right of way whether the legal interest in the right of way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means. ~4} No person may occupy or encroach on a public right of way without the permission of the City. The City grants permission to use rights of way by franchises and permits. ~5} The exercise of jurisdiction and regulatory management of a public right of way by the City is not official acceptance of the right of way, and does not obligate the City to maintain or repair any part of the right of way. ~6} The City retains the right and privilege to cut or move any telecommunications facilities located within the public rights of way of the City, as the City may determine to be necessary, appropriate or useful in response to a public health or safety emergency, Section 4. Regulatory Fees and Compensation Nat a Taa~. ~1} The fees and costs provided for in this Ordinance, and any compensation charged and paid for use of the public rights of way provided for in this Ordinance, are separate from, and in addition to all federal, state, local, and City charges as maybe levied, imposed, or due from a telecommunications carrier, its customers or subscribers, or on account of the lease, sale, delivery, or transmission of telecommunications services. ~2} The City has determined that any fee provided for by this Ordinance is not subject to the property tax limitations of Article XY, Sectiansl 1 and 1 lb of the Qregon Constitution. These fees are not imposed on property ar property owners, and these fees are not new or increased fees. ~3} The fees and costs provided for in this Ordinance are subject to applicable federal and state laws. Section 5. Purpose of Registration. The purpose of registration is: ~ 1 } To assure that all telecommunications carriers who have facilities or provide services within the City comply with the ordinances, rules and regulations of the City. ~2} To provide the City with accurate and current information concerning the telecommunications carriers who offer to provide telecommunications services within the City, or that awn or operate telecommunications facilities within the City. ~3} To assist the City in the enforcement of this ordinance and the collection of any city franchise fees or charges that maybe due the City. Section 6. Registration Required. Page 5 -Council Bill No. 2299 ordinance No. 2284 17 ATTACHMENT _„A„~, Page ~ of 2~ ~ 1 } Except as provided in Section 7 of this ordinance, all telecommunications carriers having telecommunications facilities within the corporate limits of the City, and all telecommunications carriers that offer or provide telecommunications service to customer premises within the City, shall register with the City, The appropriate application and license from the Oregon Public Utility Commission ~PUC} or the Federal Communications Commission FCC} qualify as necessary registration information. Applicants also have the option of providing the following information: ~a~ The identity and legal status of the registrant, including the name, address, and telephone number of the duly authorized officer, agent, or employee responsible for the accuracy of the registration information. fib} The name, address, and telephone number for the duly authorized officer, agent, or employee to be contacted in case of an emergency. ~c} A description of the registrant's existing or proposed telecommunications facilities within the City, a description of the telecommunications facilities that the registrant intends to construct, and a description of the telecommunications service that the registrant intends to offer or provide to persons, f rms, businesses, or institutions within the City. ~d} Information sufficient to determine whether the transmission, origination or receipt of the telecommunications services provided, or to be provided, by the registrant constitutes an occupation or privilege subject to any business license requirements. A copy of the business license or the license number must be provided. ~2} Each application for registration as a telecommunications carrier shall be accompanied by a nonrefundable registration fee in an amount to be determined by resolution of the City Council Section 7. Exceptions to Registration, The following telecommunications carriers are excepted from registration: ~ 1 } Telecommunications facilities that are owned and operated exclusively for its own use by the State or a political subdivision of this State. ~Z} A private telecommunications network, provided that such network does not occupy any public rights of way of the City. Section S. Construction Standards. ~ 1 } No person shall commence or continue with the construction, installation or operation of telecommunications facilities within a public right of way except as provided in this ordinance, and with all other applicable codes, ordinances, rules, and regulations. Page 6 -Council Bill No. ZZ~g ordinance No~ 2zS4 18 ~~"~CH~~~~' gage? of 2a ~2} Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with ail applicable federal, state and Local codes, rules and regulations including the National Electrical Code and the National Electrical Safety Code. Section 9. Construction Permits. No person shall construct or install any telecommunications facilities within a public right of way without first obtaining a construction permit, and paying the construction permit fee established in this ordinance. No permit shall be issued for the construction or installation of telecommunications facilities within a public right of way unless: ~ 1 } The telecommunications carrier has f rst filed a registration statement with the City pursuant to this Ordinance; and if applicable, ~2} The telecommunications carrier has first applied for and received a franchise pursuant to this Ordinance. Section lo, Permit Applications, ~ 1 } Applications for permits to construct telecommunications facilities shall be submitted upon forms to be provided by the City and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate: ~a} That the facilities will be constructed in accordance with all applicable codes, rules and regulations. fib} That the facilities will be constructed in accordance with the franchise agreement. ~c} The location and route of all facilities to be installed aboveground or on existing utility poles. ~d} The location and route of all new facilities on or in the public rights of way to be located under the surface of the ground, including the line and grade proposed far the burial at all points along the route that are within the public rights of way. Applicant's existing facilities shall be differentiated on the plans from new construction, fie} The location of all of applicant's existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public rights of way along the underground route proposed by the applicant. Across section shall be provided showing new or existing facilities in relation to the street, curb, sidewalk or right of way. Page 7 -Council Bill No. 2299 ordinance No. 2284 19 A'iTACHMENT _~„_ Qage ~ of .Ll~ ~#} The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public rights of way, and description of any improvements that applicant proposes to temporarily or permanently remove or relocate. fig} Details of work area restoration including but limited to paving, compaction, landscaping, ~2} All permit applications shall be accompanied by the verification of a registered professional engineer, or other qualified and duly authorized representative of the applicant, that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations. ~3} All permit applications shall be accompanied by a written construction schedule, which shall include a deadline for completion of construction. The construction schedule is subj ect to approval by the City Engineer. ~4} City will review application and may make requests far elevation and horizontal location to eliminate planned existing conflicts with other underground lines. Section 11, Construction Permit Fee. Unless otherwise provided in a franchise agreement, prior to issuance of a construction permit, the applicant shall pay a permit fee in an amount to be determined by resolution of the City Council, Such fees shall be designed to defray the costs of city administration of the requirements of this ordinance. Section 12. Issuance of Permit, If satisfied that the applications, plans and documents submitted comply with all requirements of this Qrdinance and the franchise agreement, the City Engineer shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as they may deem necessary or appropriate. Section 13. Notice of Construction. Except in the case of an emergency, the permittee shall notify the Engineering and Building Department not less than two working days in advance of any excavation or construction in the public rights of way, Section 14, Compliance with Permit, All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The Engineering and Building Department and its representatives shall be provided access to the work site and such further information as they may require to ensure compliance with such requirements. Section 15. Noncomplying V~ork. Subject to the notice requirements in Section 13, all work that does not comply with the permit, the approved or corrected plans and specifications for the work, or the requirements of this ordinance, shall be removed at the sole expense of the permittee. The City is authorized to stop work in order to assure compliance with this ordinance. Page S -Council Bill No. 2~gg Ordinance No. 22g4 20 A17ACHMEN`t' ~.. page ~ of _~_ Sec#ivn 16. Completion of Construction. The permittee shall comply with any time lines and special construction activity conditions placed on the construction permit and promptly complete all constructian activities so as to minimize disruption of the city rights of way and other public and private property. All construction work within city rights of way, including restoration, must be completed within 120 days of the date of issuance of the construction permit unless an extension or an alternate schedule has been approved by the City Engineer. Sec#ion 17. As-Built Drawings. If requested by the City for a necessary public purpose, as determined by the City, the permittee shall furnish the City with up to two complete sets of plans drawn to scale and certif ed to the City as accurately depicting the location of all telecammunications facilities constructed pursuant to the permit. These plans shall be submitted to the City Engineer or designee within 60 days after completion of construction, in a forrnat mutually acceptable to the permittee and the City, Section 18, Restoration of Public Rights of V~ay and City Property. ~ 1 } When a permittee, or any person acting on its behalf, does any work in or affecting a public right of way or City property, it shall, at its own expense, promptly remove any obstructions and restore the ways or property to good order and condition unless otherwise directed by the City and as determined by the City Engineer or designee, ~2} If weather or other conditions do not permit the complete restoration required by this Section, the permittee shall temporarily restore the affected rights of way or property at the permittee's sole expense. The permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration, Any corresponding modification to the construction schedule may be subaect to approval by the City. ~3} if the permittee fails to restore rights of way or property to good order and condition, the City shall give the permittee written notice and provide the permittee a reasonable period of time not exceeding 30 days to restore the rights of way or property, if, after said notice, the permittee fails to restore the rights of way or property to as good a condition as existed before the work was undertaken, the City shall cause such restoration to be made at the expense of the perrnittee. ~4} A permittee or other person acting in its behalf shall use suitable barricades, flags, flagging attendants, lights, flares and other measures as required far the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such rights of way or property. Section 19. Performance and Completion Bond. Unless otherwise provided in a franchise agreement, a performance band or other form of surety acceptable to the City equal to at least 1 a0% of the estimated cost of constructing permittee's telecommunications facilities within the public rights of way of the City, shall be provided before construction is commenced. Page 9 -Council Bill No. 2299 Qrdinance No. ~Zg4 21 ATTACHMENT' /`~1 Page _{ Q_ of _~ ~ 1 } The surety shall remain in force until 6o days after substantial completion of the work, as determined in writing by the City Engineer, including restoration of public rights of way and other property affected by the construction, ~2} The surety shall guarantee, to the satisfaction of the City: ~a} Timely completion of construction; fib} Construction incompliance with applicable plans, permits, technical codes and standards; ~c} Proper location of the facilities as specified by the City; ~d} Restoration of the public rights of way and other property affected by the construction; and fie} Timely payment and satisfaction of all claims, demands or liens for labor, material, or services provided in connection with the work, ~~} Maintenance for one year of trench areas, pavement, landscaping, and areas disrupted by the canstruction. Section 20. Location of Facilities. All facilities located within the public right of way shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specif ed in a franchise agreement: ~ 1 } V~henever all existing electric utilities, cable facilities or telecommunications facilities are located underground within a public right of way of the City, a grantee with permission to occupy the same public right of way must also locate its telecommunications facilities underground. ~2} Whenever all new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public right of way of the City, a grantee that currently occupies the same public right of way shall relocate its facilities underground concurrently with the other affected utilities to minimize disruption of the public right of way, absent extraordinary circumstances or undue hardship as determined by the City and consistent with applicable state and federal law, Section 21. Interference with Public Rights of VL~ay. No grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public rights of way by the City, by the general public or by other persons authorized to use or be present in or upon the public rights of way. All use of public rights of way shall be consistent with City codes, ordinances and regulations. Page 10 -Council Bill No. ~ 2 gg ordinance No, 2284 22 ATTACHMENT f~ Page _(j_ of Section 22. Relocation or Removal of Facilities. Except in the case of an emergency, within 90 days following written notice from the City, a grantee shall, at no expense to Grantor, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public rights of way whenever the City has determined that such removal, relocation, change or alteration is reasonably necessary for: ~ 1 } The construction, repair, maintenance or installation of any city or other public improvement in or upon the public rights of way. ~2} The operations of the City or other governmental entity in ar upon the public rights of way. ~3} The public interest. Section 23. Removai of Unauthorized Facilities. Within 34 days following written notice from the City, any grantee, telecommunications carrier, or other person that owns, controls or maintains an unauthorized telecommunications system, facility, ar related appurtenances within the public rights of way of the City shall, at its own expense, remove such facilities and appurtenances from the public rights of way of the City. Both parties are required to participate in good faith negotiations on such issues. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances; ~ 1 } One year after the expiration or termination of the grantee's telecommunications franchise. ~2} Upon abandonment of a facility within the public rights of way of the City. A facility will be considered abandoned when it is deactivated, out of service, or not used for its intended and authorized purpose for a period of 90 days or longer, A facility will not be considered abandoned if it is temporarily out of service during performance of repairs or if the facility is being replaced. The City shall make a reasonable attempt to contact the telecommunications carrier before concluding that a facility is abandoned. A facility may be abandoned in place and not removed if there is no apparent risk to the public safety, health, or welfare. ~3} If the system or facility was constructed or installed without the appropriate prior authority at the time of installation. (4} If the system or facility was constructed or installed at a location not permitted by the grantee's telecommunications franchise or other legally sufficient permit. Section 24. Coordination of Construction Activities. All grantees are required to make a good faith effort to cooperate with the City. ~ 1 } By January 1 of each year, grantees shall provide the City with a schedule of their known proposed construction activities in, around or that may affect the public rights of way. ~2) If requested by the City, each grantee shall meet with the City annually ar as determined by the City, to schedule and coordinate construction in the public rights of way. At that time, Page 11-Council Bill No. Z~99 ordinance No. X254 23 ~1TTACHMEN7 _~.. gage 12 of zD City will provide available information on plans for local, state, andlor federal construction projects. ~3} All construction locations, activities and schedules shall be coordinated, as ordered by the City Engineer or designee, to minimize public inconvenience, disruption or damages. Section ~5. Telecommunications Franchise. A telecommunications franchise shall be required of any telecommunications carrier who desires to occupy public rights of way of the City. Section 2~. Application. Any person that desires a telecommunications franchise must register as a telecommunications carrier and shall file an application with the City which includes the following information: ~ 1 } The identity of the applicant, ~2} A description of the telecommunications services that are to be offered or provided by the applicant over its telecommunications facilities. ~3} Engineering plans, specifications, and a network map in a form customarily used by the applicant of the facilities located or to be located within the public rights of way in the City, including the location and route requested for applicant's proposed telecommunications facilities. ~4} The area or areas of the City the applicant desires to serve and a preliminary construction schedule for build-out to the entire franchise area. ~5} Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services propose , ~G} An accurate map showing the location of any existing telecommunications facilities in the City that applicant intends to use or lease. Section 27. Application and Review Fee. ~ 1 } Subj ect to applicable state law, applicant shall reimburse the City for such reasonable costs as the City incurs in entering into the franchise agreement. ~2} An application and review fee of $2,000 shall be deposited with the City as part of the application filed pursuant to Section 26 above. Expenses exceeding the deposit will be billed to the applicant or the unused portion of the deposit will be returned to the applicant following the determination granting or denying the franchise. Page 17 -Council Bill No. X299 ordinance No. 2284 24 ~~'rA~H~~N~ gage 13 . of Z ~ Section Z8. Determination by the City. The City Council shall issue a written determination granting or denying the application in whole or in part. If the application is denied, the written determination shall include the reasons for denial. Section ~9. Rights Granted. No franchise granted pursuant to this Ordinance shall convoy any right, title or interest in the public rights of way, but shall be deemed a grant to use and occupy the public rights of way for the limited purposes and term, and upon the conditions stated in the franchise agreement, Section 30. Term of Grant. Unless otherwise specified in a franchise agreement, a telecommunications franchise shall be for a term of five years. Section 31. Franchise Territory. Unless otherwise specified in a franchise agreement, a telecommunications franchise shall be limited to a specific geographic area of the Ciry to be served by the franchise grantee, and the public rights of way necessary to serve such areas, and may include the entire city. Section 3~. Franchise Fee. Each franchise granted by the City is subject to the City's right, which is expressly reserved, to fix a fair and reasonable compensation to be paid for the privileges granted, Nothing in this Ordinance shall prohibit the City and a grantee from agreeing to the compensation to be paid, The compensation shall be sub j ect to the specific payment terms and conditions contained in the franchise agreement and applicable state and federal laws, Section 33. Amendment of Grant. Conditions for amending a franchise: ~ 1 } Anew application and grant shall be required of any telecommunications carrier that desires to extend or locate its telecommunications facilities in public rights of way of the City that are not included in a franchise previously granted under this Ordinance, ~2} If ordered by the City to locate or relocate its telecommunications facilities in public rights of way not included in a previously granted franchise, the City shall grant an amendment without further application. ~3} Anew application and grant shall be required of any telecommunications carrier that desires to provide a service which was not included in a franchise previously granted under this Or ~nance. Section 34. Renewal Applications. A grantee that desires to renew its franchise under this Ordinance shall file an application with the City far renewal of its franchise, not less than 18D days before expiration of the current agreement, which shall include the following information: ~ 1 } The information required under Section 26 of this Ordinance. ~2} Any information required pursuant to the franchise agreement between the City and the grantee, Page 13 -Council Bill Na. 299 Ordinance No. Z~84 25 A~"ACHMENrt gage ~ of Z~ Section 35, Renewal Determinations, Within 90 days after receivin a com lete renewal . g p appl~cat~on under Section 34, the City shall issue a written determination rantin or den in the g g Yg renewal application in whole or ~n part, applying the following standards. If the renewal a lication pp is denied, the written determination shall include the reasons for non-renewal. ~ 1 } The financial and technical ability of the applicant. ~2} The legal ability of the applicant. ~3} The continuing capacity of the public rights of way to accommodate the a licant's existin pp g and proposed facilities. ~4} The applicant's compliance with the requirements of this Ordinance and the franchise agreement. ~5} Applicable federal, state and local telecommunications laws, rules and olicies. p ~~} Such other factors as may demonstrate that the continued grant to use the ublic ri hts of . p g way well serve the community interest. Section 36. Obligation to Cure As a Condition of Renewal, No franchise shall be renewed until all ongoing violations or defaults in the grantee's performance of the a reement or of g this ~rd~nance, have been cured, or a plan detailing the corrective action to be taken b the rantee Y g has been approved by the City Council. Section 37. Assignments or Transfers of System or Franchise. Cwnershi or control of a . P majority Interest ~n a telecommunications system or franchise may not, directly or indirectl , be Y transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the rantee g by operation of law or otherwise, without the prior consent of the City, which consent shall not be unreasonably withheld or delayed, and then only on such reasonable conditions as ma be Y prescribed in such consent. ~ 1 } grantee and the proposed assignee or transferee of the franchise or s stem shall a ree in ., Y g wr~t~ng, to assume and abide by all of the provisions of the franchise, (~} No transfer shall be approved unless the assignee or transferee has the le al technical ., g y , financial and other requisite quali~catlons to own, hold and operate the telecommunications system pursuant to this Ordinance. ~3} Unless otherwise provided in a franchise agreement, the grantee shall reimburse the Cit for Y all direct and indirect fees, costs, and expenses reasonably incurred b the Cit in Y Y cons~der~ng a request to transfer or assign a telecommunications franchise. Page l4 -Council Bill No. 22~g Ordinance No. ~2g4 26 ~1TPACHMENT ~_ gage ~ of 2~ (4} A transfer or assignment of a telecommunications franchise, system or integral part of a system without prior approval of the City Council under this Section or under a franchise agreement shall be void and is cause for revocation of the franchise, Section 38. Revocation or Termination of Franchise. A franchise to use or occupy public rights of way of the City may be revoked for the following reasons: (i } Construction or operation in the City or in the public rights of way of the City without a construction permit. (2} Construction or operation at an unauthorized location. (3} Failure to comply with Section 37 of this Ordinance with respect to sale, transferor assignment of a telecommunications system ar franchise. (4} Misrepresentation by or onbehalf of agrantee in any application to the City. (5} Abandonment of telecommunications facilities in the public rights of way. As used in this ordinance, "abandonment" refers to facilities remaining in the right of way fallowing the expiration of the franchise, or not otherwise used to provide services, for a period of one year. (6} Failure to relocate or remove facilities as required in this ordinance. (7} Failure to pay taxes, compensation, fees or costs when and as due the City under this or finance. (8} Insolvency or bankruptcy of the grantee. (9} Violation of material provisions of this Ordinance. (l o} Violation of the material terms of a franchise agreement. Section 39, Notice and Duty to Cure. If the City believes that grounds exist for revocation of a franchise, the City shall give the grantee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time, not exceeding 30 days, to furnish evidence that: (1 } Corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance; ~2} Rebuts the alleged violation or noncompliance; andlor (3} It would be in the public interest to impose some penalty or sanction less than revocation. Page 15 -Council Bill No. 2299 ordinance No. 2284 27 ATTACHMENT _~i Page ~ of 2 a Section 40, Pubiie Hearing. If a grantee fails to provide evidence reasonably satisfactory to the City as provided in Section 39, the City Administrator may refer the apparent violation or non-compliance to the City Council. The City Council shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter. Section 41. Standards for Revocation or Lesser Sanctions. If persuaded that the grantee has violated or failed to comply with material provisions of this Ordinance, or of a franchise agreement, the City Council shall determine whether to revoke the franchise, or to establish some lesser sanction and cure, considering the nature, circumstances, extent, and gravity of the violation as reflected by one ar more of the following factors, ~1Vhether: ~ 1 } The misconduct was egregious. (2) Substantial harm resulted. ~3} The violation was intentional. ~4} There is a history of prior violations of the same or other requirements. ~5} There is a history of overall compliance. ~6} The violation was voluntarily disclosed, admitted or cured. Section 4Z. Gther City Casts. All grantees shall, within 30 days after written demand, reimburse the City for all reasonable direct and indirect costs and expenses incurred by the City in connection with any modification, amendment, renewal or transfer of the franchise or any franchise agreement consistent with applicable state and federal laws. Section 43. Facilities. Upon request, each grantee shall provide the City with an accurate map or maps certifying the location of all telecommunications facilities within the public rights of way. grantees shall provide updated maps to the City semi-annually. Section 44. Damage to Grantee's Facilities. Unless directly and proximately caused by negligent, careless, wrongful, willful, intentional or malicious acts by the City, and consistent with Oregon law, the City shall not be liable far any damage to or lass of any telecommunications facility within the public rights of way of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public rights of way by or on behalf of the City, or far any consequential losses resulting directly or indirectly from such acts. Section 45, Duty to Provide Information. Except in emergencies, within 60 days of a written request from the City, each grantee shall furnish the City with the following; ~ 1 } Information sufficient to demonstrate that grantee has complied with all requirements of this Ordinance. Page 16 -Council Bill No. ~29g Ordinance No. 2284 28 ~1~"A~Hi~E~~ Page „~,~,., of Z~ 2 All books, records, maps, and other documents, maintained by the grantee with respect to its ~~ facilities within the public rights of way shall be made available far Inspection by the City at reasonable times and intervals. Section 46. Service to the City. If the City contracts for the use of telecammunication facilities, telecommunication services, installation, or maintenance from the grantee, the grantee shall charge the City the grantee's mast favorable rate offered at the time of the request charged to similar users within ~regan fvr a similar volume of service, subject to any of grantee's tariffs or rice lists on file with the ~PUC, 'With the City's permission, the grantee may deduct the p ,. a licable charges from fee payments. Other terms and conditions of such services maybe pP specified in a separate agreement between the City and grantee. Section 47. Compensation for City Property. If any right is granted, by lease, franchise or other manner, to use and occupy city property for the installation of telecommunications facilities, the compensation to be paid for such right and use shall be fixed by the City. Section 48. Cable Franchise. Telecommunication carriers providing cable service shall be subject to the requirements for cable franchises. Section 49. Leased Capacity. A grantee has the right, without prior City approval, to offer or rovide capacity or bandwidth to its customers; however, the grantee shall notify the City that p such lease or agreement has been granted to a customer or lessee. Sectian 50. Grantee Insurance. Unless otherwise provided in a franchise agreement, each rantee shall, as a condition of the grant, secure and maintain the following liability insurance g alicies insuring both the grantee and the City, and its elected and appointed officers, officials, p agents and employees as coinsured: ~ 1 } Comprehensive general liability insurance with limits not less than ~a} $3,000,000 for bodily injury or death to each person; fib} $3,000,000 for property damage resulting from any one accident; and, ~c~ $3,000,000 for all other types of liability. 2 Automobile liability for owned, non-owned and hired vehicles with a limit of $1,000,000 for ~~ each person and $3,000,000 for each accident. 3 Worker's com ensation within statutory limits and employer's liability insurance with limits ~} p of not less than $1,000,040. 4 Com rehensive form premises-operations, explosions and collapse hazard, underground ~} p hazard and products completed hazard with limits of not less than $3,000,000, 5 The grantee shall maintain liability insurance policies required by this Section throughout ~~ the term of the telecommunications franchise, and such other period of time during which the grantee is operating without a franchise, or is engaged in the removal of its Page 17 -Council Bill No. 2~gg ordinance No. 2 X84 29 ~TTACHMENT,_~ !gage ~ of _~~ telecommunications facilities. Each such insurance policy shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 9fl days after receipt by the City, by registered mail, of a written notice addressed to the Woodburn City Attorney of such intent to cancel or not to renew," (b} Within 60 days after receipt by the City of said notice, and in no event later than 34 days prior to cancellation, the grantee shall obtain and furnish evidence to the City that the grantee meets the requirements of this Section. (7} As an alternative to the insurance requirements listed above, a grantee may provide evidence of self insurance subject to review and acceptance by the City. ~8} Grantees shall either provide insurance coverage as described above for their contractors and subcontractors or require that the contractors and subcontractors provide evidence of such insurance coverage before beginning work in the public rights of way Section 51. General Indemnification, To the extent permitted bylaw, each franchise agreement shall include grantee's express undertaking to defend, indemnify and hold the City and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this ordinance ar by a franchise agreement made or entered into pursuant to this Qrdinance. Section 52. Performance Surety. Before a franchise granted pursuant to this ordinance is effective, and as necessary thereafter, the grantee shall provide a performance bond, in farm and substance acceptable to the City, as security for the full and complete performance of a franchise granted under this Ordinance, including any costs, expenses, damages or loss the City pays or incurs because of any failure attributable to the grantee to comply with the codes, ordinances, rules, regulations yr permits of the City. This obligation is in addition to the performance surety required by Section 19 of this Ordinance for construction of facilities. Section 53. Governing Law. A franchise granted under this Qrdinance is subject to the Constitution and laws of the United States, the State of Oregon and the ordinances and Charter of the City. Section 54. Written Agreement. No franchise shall be granted under this ordinance unless the agreement is in writing. Page 18 -Council Bill No. ZZ99 Grdinance No. 2284 30 ~iT'!'ACHMENT _~ gage ~ of Z Section 55. Nonexclusive grant, No franchise granted under this Ordinance shall confer any exclusive right, privilege, license or franchise to occupy or use the public rights of way of the City for delivery of telecommunications services or any other purposes. Section 5b. Severability and Preemption, If any article, section, subsection, sentence, clause, phrase, term, provision, condition, covenant or portion of this ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, or superseded by state or federal legislation, rules, regulations or decision, the remainder of the ordinance shall not be affected but shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions. Each remaining section, subsection, sentence, clause, phrase, provision, condition, covenant and portion of this Ordinance shall be valid and enforceable to the fullest extent permitted by law. If federal or state laws, rules or regulations preempt a provision or limit the enforceability of a provision of this Ordinance, then the provision shall be read to be preempted only to the extent required by law. If such federal or state law, rule, or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision that had been preempted is no longer preempted, such provision shall return to full force and effect, and shall be binding, without the requirement of further action on the part of the City. Section 57. Penalty. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class I Civil Infraction which shall be processed according to the procedures contained in the Woodburn Civil Infraction Ordinance. Each violation of this Ordinance constitutes a separate Civil Infraction, and each day that a violation of this Ordinance is committed or permitted to continue shall constitute a separate Civil Infraction, Section 58, Other Remedies. Nothing in this Ordinance shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this Ordinance, Section 59. Captions, The captions to sections throughout this Ordinance are intended solely to facilitate reading and reference to the sections. Such captions shall not affect the meaning or interpretation of this Ordinance and constitute no part of the law, Section bU. Compliance with Laws. A grantee under this Ordinance shall comply with all federal and state laws and regulations, including regulations of its administrative agencies, as well as all ordinances, resolutions, rules and regulations of the City adopted or established during the entire term of a franchise granted under this Ordinance, that are relevant and relate to the construction, maintenance and operation of a telecommunications system. Section bl. Consent. Wherever the consent of either the City or of the grantee is specifically required by this Ordinance or in a franchise granted, such consent will not be unreasonably withheld. Section b2. Application to Existing Ordinance and Agreements. To the extent that this Qrdinance is not in conflict with and can be implemented with existing ordinance and franchise agreements, this Ordinance shall apply to all existing ordinance and franchise agreements far use of the public right of way for telecommunications. Page 19 -Council Bill No. 299 Ordinance No. 284 31 ~T~`ACF~I~~N`T gage ,~ o of .a Section 63. Conl~dentiaiity, The City shall preserve the confidentiality of information as requested by a grantee, to the extent permitted by the Oregon Public Records Law, Section 64. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ardinance shall take effect immediately upon passage by the City Council and approval by the Mayor. ~~~~ Approved as to form; N. Robert Shields, City Attorne Date Y Approved: Richard Jennie s, yor Passed by the Council A ri ~ l2 2001 Submitted to the Mayor Apri 1 ~3, 2001 Approved by the Mayor Apri 1 13 , 2001 Filed in the Office of the Recorder ATTEST: Mary Tenn t, City Recorder City of Woodburn, Oregon Page 20 - Council Biil No. 2299 Ordinance No. 2284 April 13, 2001 32 ATTACHMENT Page ~ of 3 . f~ ~ ~. M ~.. ~~ ~ ~~ Aprll 21, 2U10 city of Woodburn Corr~munity Deveiopmc~nt Department Attu; ~ar~es N, P, Hendryx ~canomic & bevelapment Services Director X70 Montgomery Street vvoodburn, ~~ 97071 ~~~ T~~ecommun~cations ~renchis+~ Appl~catian Dear Mr. Hendryx, ~~.~ 1 ~a~~,e' ~~~~~~`~f ~ll~(?~.C1i ~ ~,~~ . `:~i iili, ~ art ~~ _ ~, F f. ~. ~ , G..,. . . 7] _ inclosed please find ~ check in the amount of $Z,OUO provided for the purpose of this application's review fee. The following Re istration information is provided; Applicant Identity; LightSpeed Networks, Inc. dba "1..5 Networks" 9215W Washington Street, Sure 37D Portland, Oregon 9705 Tel; 5a3.~94.5300 Fax 503s~~7,~5~5 Duly authorized ~ffcer and officer to be ncatifieci in case of emergency Michael Weidrnar~, President and GAD, available via the above listed genera! number or direct line 503.504.(~4C~~ or ,. via email at ~~~Uc~i~~~~~~~i~<<~}~~~M~f~c~~~~~~:~~~c~~~~T~c~k. C3r~g~n PUC infn~m~lti~n an the ~on~peny ~~: ~.r~~~TS~~EO NETworz~s ANC ID~t ~~~~ dt~~ I_S NCTWORKS INDUSTRY; ~TEI~~COMMUNIC~'rZONS (.:l~~cair f)c~rwl<c~~~:, X21 SW W~I~I~iING~r4N S~i~ S~' :~IOf PQR7~tAND Uri 97~U5 X543} 2~4~53U~ Web Side; ~~rt-,f~~~.i~~~c~~~,y~~,~ly~.,.~~~;~. C~MI'~TI~I~IV~. PR4VID~1~ Ce~~ti~icate GRANTED on g/2GJ2D85 i~~ daclcet C~ ~.~83 Order No, Q5~~~5~ Statewide ~oc~l exchanr~e authority, Statewi~l~ Inter Exchange a~~thority: Private Line ~poinl-to-point}, 5witcht~d (loll} 33 ATTACHMENT _~ ~Z of= ~~C Ynfarm~t~o-n on the Compan~r ~~~ Form 499 Filer ID=~325f359 Federal Registration Number (FRN) = 0014973705 Service Provider Information Number (SPIN) = 14303018 mm~anication facilities within the City are; ~..~ Nctworl{s proposes to place a The pr opnsed teleca ximatel ~o' south of existing Qwest MH~~~~. The handhold would be place new handhold appra y e sidewalk and 5' north of the streetlight at ~~~5 N, Boanes Ferry Rd. A ~ bel~~nd the edge of th he ur ose far these ~0' 4" duct will he placed from the new handhold to Qwest MN~~~. T p p facilities is to provide interconnection with ~'~rv~is TeiP,~hon~, ! owir~ Frai~chise.._A~fic~ton ~n~~ion is provided; Applica~~t identity is same as The fo I g ~~... above. atlas ServICLS to be rovided over the facilities are private line data servi~:es the tele~,omrnun~c p or infer«natioi~ services. . closed en ineerin fans are provided for reference and also identify tl~e The attached~en g D p ~nt of i~~terconnectian. The construction timeline is canti~~yent upo~7 tl~e City. location of tf"7e poi royal b the Ci . Construction i5 ex ected tc~ lie completed within 6D days of app y tV p rnmental a royals ar~~i permitting are coE~tingent upon the apprr~va! of the City. ai i govt pp unication facilities that the Company intends to use or lease are awi~ec! The existing telecomm e Ci 's retard, b G~rv~is T~iepf~or~~ and their maps should be a matter of th ty y please Ict me kr~aw l"~uw ~ ca~~ support you to progress this initiative. Sii~Cerely, ~..: ., _ ~,~ r. ~ _._..~ . ~ .. Michael vUeidman President ~ CEU ~~ Net~warks 34 ATTAC~~~N~' ,~ of _.,~ ,,,.~ x ui ~~ ~. ,. I u~ ~Mr ~x `.;~ ~ z r z ~:4 ~ r~ U crr ~~ ~ h ~c)~ r w~ww wr~~ ~ w ~ (~ Y ~^ 4 U ; ~, t7 ~ ~ U ~ N C~ ~L~D~ ~~a a u~i0~0 d v,~y ~ ~ m~~ u.dw~ ~ ~ mix ~_ w ZdW~ ~Q~ ~ 11J"~~ ~p~ U W ~ } ~WLL] r ~?~W ~ ~~~ ~'~~ o~ , ~~~ w¢ ~~w w z ~~~~ a~~ >~~a w ~x~ fZ' ~©~z ~' ?~Ud ~ m ~' ~~~~ ~~~ ~ Q ~ti~~ J ~a ~ ~ cn~~ . s ~~~,ro ~o ~x=`~~ ~~~o~ ~ ~ aw~oW r~ ~~NU't w~WZCI c~~xz~' ~o~~~ u~~~~ ~,~a~w N „~ Idl 4L U ~` NLL~N„~ ~..,~w+u~- •--• 11.1 ,,J~ M aA yv' ~1 w ~ ••'~ ~ ,.{~ ~~~-~ ~'~.~I~ ~ ~°•~N '' ' ~ , N rn d W Q ~1 ~~ ~~ ,r~ ~'' O n ca ° v ~ ~~ ~ ~,~ ~~ ~' t.~ ~ ~~i.a ~n~`1 ~ ~ iCi ~ ~ ~~~ ~,_k~e.. ~~~ ~ ~ ~ R f ,.I. (R ~ ~~ r W ~ ~~ ... ~ ~~ ..~ r ~ r ~. ~ ~ I I ~ ~ i ~```~ _ ~ ~ ~ ~ ~ A ~ ~ E .. 1 ~ ~~ ~ .~ ~ ~~ ~ ~ ~:~~( - I ~~~~, ~ ~ ~ a~~ ~ ~ ~ ~ r. `'~ ~v 5 '~ ~ r ~ :~ t ,~ i ~ ~ ~- ~ f ~;« n ~ (~J f N~ f ~g N ~ ~ r CJ ~ ^ ~ ~ ~ ...1 ~ ~ .. 1 .,~ ;r, ~~~~ '~ ~ f ~- r Ifj t~ n ~~ w i~ ~:..' .l. (~. r' d ~ ~~~$ i f f ~~ ~ , ~~ ..:~ w ~ r d 1~ W ~ •~_ I ~ ~ ~ h 1 G. ~, . p ,. ;~ ~ 1~ w 1 W i Q~ zx ~~ f 35 COUNCIL BILL N0.2836 ORDINANCE N0.2469 AN ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE TO LIGHTSPEED NETWORKS, INC. TO OCCUPY CERTAIN RIGHTS-OF-WAY WITHIN THE CITY OF WOODBURN. WHEREAS, the City regulates the placement of telecommunications facilities within the City rights-of-way pursuant to Ordinance 2284, which governs the construction and franchising of telecommunications utilities operating within the City and desiring to occupy City rights-of-way; and WHEREAS, the City received a request from Lightspeed Networks, Inc. dba LS Networks, an Oregon Corporation, to place telecommunications facilities in certain rights-of-way within the City in order to provide service within the City, which facility locations are shown on the attached Exhibit "A";and WHEREAS, the City has reviewed the request and application filed by LS Networks and finds that the company has the requisite authority to provide these services from the Oregon Public Utility Commission ("OPUC") and that the level of impact on the City's rights-of-way will be acceptable, and the City Council therefore desires to issue a franchise; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Franchise Grant. A. Subject to the terms and conditions contained herein, the City of Woodburn does hereby grant to Lightspeed Networks, Inc., (hereinafter "Grantee") a telecommunications franchise to locate its facilities within the rights-of-way of the City, as shown on Exhibit "A" and described in Grantee's application for a franchise. B. Such grant is subject to all of the laws and ordinances of the City of Woodburn and to applicable state and federal law. C. The scope of this grant allows the installation of facilities by Grantee in the City's rights-of-way as depicted in Exhibit "A". Such facilities shall be used by Grantee to provide telecommunications services consistent with the authority granted by the OPUC. In the event either the location of Grantee's facilities or the nature of the services provided is proposed for modification, Grantee shall be required to obtain an additional or revised franchise from the City. Page 1 -Council Bill No. 2836 Ordinance No. 2469 36 Section 2. Construction Standards. A. The construction standards of the City of Woodburn, as well as any other applicable construction standards in existence at the time of this franchise grant or hereafter enacted, shall apply to all work performed by the Grantee in City rights-of-way. B. The Grantee's facilities shall not interfere in any way with any of the City's communications or other public and city-permitted facilities, including other franchised facilities, either as installed or during operation. The Grantee will compensate the provider of power directly for the cost of power consumed in support of Grantee's facilities, and shall hold the City completely harmless from any power cost. C. The Grantee shall locate below the surface of the ground all wiring and physical improvements within City rights-of-way, unless it is physically impossible to do so. Placement of any improvements above ground, or on poles shall only be with the prior review and approval of the City. D. Where permission is granted by the City to locate Grantee's facilities upon poles, Grantee shall independently obtain prior written approval from the owner and/or operator of the poles on which its facilities shall be placed. Upon request, Grantee shall provide copies of such written approvals for City review. E. Where permission is granted by the City to locate Grantee's facilities upon poles, Grantee shall undertake all wiring and physical improvements required by the owner of each pole to which its facilities are to be attached. In the case of City-owned poles or fixtures, such work shall be performed subject to the approval of the City Engineer or his designee. Section 3. Franchise Fee. Subject to any restrictions imposed by federal law, the franchise fee payable to the City shall be 7% (seven percents of the Grantee's gross revenues earned within the corporate limits of the City. Section 4. Term. The term of this franchise shall be five (5J years. This franchise shall be subject to one automatic renewal on the same terms and conditions for an additional period of five (5J years unless notice is given by either party 180 days in advance of the expiration of the franchise of its intention to terminate or renegotiate the franchise. This franchise shall be effective upon the date of Grantee's written acceptance of this grant. Page 1 -Council Bill No. 2836 Ordinance No. 2469 37 Section 5. Acceptance. The grant of franchise herein is conditioned upon Grantee's acceptance of all terms and conditions hereof in writing in a form acceptable to the City. 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: Christina Shearer, City Recorder City of Woodburn, Oregon Page 1 -Council Bill No. 2836 Ordinance No. 2469 38 Q 's ~ 'I m ~, u~ a 6 °1~Y1 ~ dr Y ~ L1. I.• [] { ~` ~ H r !pppo~~~~ CJ ~ U IIINUid ~ ~.,.~.+~......... q~ ~j d~ ~'~~ ~5 ~ r ~ , ,~ ~ ~m ~ ~ ~,_ z n o ~~~ O M ~n ~ Vdz lea r ~ W raw Uz~u a ¢~ a~ ~ ~ W \ / Q ~ ~~~~ ~ Q ff Opuzr 4'~v~ ~ wyww vJU~ Q ~ ~ ~~„ u c1: F= u l7 b J Q +-~ r Z W u¢ z ~ -- W Q m~~M ~~r } q ~ Q w ~ ~ c~W~a w~~ a R r' ~ , ~ - W ', _ f~' 'r zFU~ R ~ z~~~ ~~~ ~ W (~ I .. J F w LL7 w ~ 4 ~~ ~. gar w ~. ~F-Jill NaF' ~ f ! R ~ i ~?~~ w:ir z~ _ ~ 1 ( 7 N 1' i If ~ ~ o y ~ ,~, U.J Q ~x ~ ~ 1 ~ 1 ~ ~ rN Ft4W rvuJ Q~ ~ ~ to ?~~ ~huJr pro ~~~~ NWro~ ~~~nz FzrzT ~ puJj~~ w~~ ZVQaZ ~N~~ U ~' I + Q r (Y , ~ II ~ I ~ ~~ ~ ~ "~ ~.'. i N j ~nr~ ^.+a l1~ ~~~ ~~Nq:l ~ 'a ~ ~ I ~ I ti A:11lISJr t 4` :.. ?nn r Z ~ r0 ~,~d~ Y~ ~,,as-a aX~U~ ~~ z 0 m p w; O W r r ^- z ~ Q h ~ ~ N U7 N "' ~ W 1fJ W ~ x w w w ~ ~+ .a ~ 2 pp. " ' ~ 'w,l ~ y ~-.~:' Jf~[Eyp, ~_~ ~ ~ '~~8 H~~9 ~ ~ ia3H ~Qtiy }- '; , f ap~8 ~9,y Jai; ~ ~ ~ 3! L ~~ k3 ~~~ ~+ I ~ `-. c~ w ~ ~ 1 ~ ~~ ~Q !. ~' b ~ ~ ~! 9 Q `~ Ill ~ ~~ ~ ~ ~ V ^ 1 m 1 f e 333 ly VVV i y ~ ~ f W ~ ~ ~ v ~fr7 ~ '` ]i y~ ~ ~ .7 •~ fL w r] ¢ x V1~7 C NN .. ~ ~¢ r... ~ ~ SSS555 a l f lelele ~ ~ ~ y pp ~ i~~ ~ ~ J j 3w~ ~ ~ CJ7 + ~ ~ ~ °` ! kz _ ~ [t~~~ ~',~~ , ,~ ~ ~- t- ~ Q N a I ~ I ~~ ~ N ~ ~~ S~ Nda9 N ~ 0 ~ ~ Q ~ M L, ..~ ~ Q ~ : ~ ~ y . ~~ ~ ~,~; .~ ~ - ~ L? Q i ~~lp r ~ p ~ . ~„ ..r' , r'~ I ~, y' rn ~ a ~ ~~ ~ ~ . .. ............ ~~ ' ~ . ;~ ,~. ,. r 0 1 ~ +r ~ (1 ~ ;..,., f ,' ,. ,~). ....„ a ~i ~~ ~ U , ~ Q I I ' _ ~ I f '•. ~4, a ~~ ,, _ ~.' ., .v_ +. August 9, 2010 T0: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: ADOPTION OF THE WASTEWATER FACILITIES PLAN AND RATE STUDY RECOMMENDATION: City Council pass the attached Resolution adopting the Wastewater Facilities Plan and Rate Study approved by the Oregon Department of Environmental Quality and provide staff authorization to implement the plan. BACKGROUND: The City initiated a project to update the 1995 Wastewater Facilities Plan in January 2008. The update to the Wastewater Facilities Plan is needed to comply with the regulatory compliance requirements mandated for a Publicly Owned Wastewater Treatment Operation and to renew the City's National Pollutant Discharge Elimination System permit. Additionally, the update to the Wastewater Facilities Plan was needed to comply with the terms and conditions of a Mutual Agreement Order approved in 2007 with the Department of Environmental Quality(DEQ). The Mayor appointed, with Council concurrence, a Citizen Advisory Committee that met on 11 occasions over an 18 month period to provide input, advice, and review of staff work in the preparation of the Plan. The Citizen Advisory Committee voted unanimously to forward the Wastewater Facilities Plan and Rate Study to Council for approval and adoption on September 29, 2009. The City Council held a public hearing to review the Wastewater Facilities Plan and Rate Study on October 26, 2009. At the conclusion of the hearing the Council adopted Resolution 1952 which authorized the City Administrator to submit the final draft of the Wastewater Facilities Plan and Rate Study to DEQ for review and approval. The City received notice from DEQ on JUIy 23, 2010 the Plan had been approved (Attachment "A"). The minor modifications required by DEQ (Attachment "B") have been incorporated into the Plan. To make sense of Agenda Item Review: City Administrator x City Attorney _x Finance _x 40 Honorable Mayor and City Council August 9, 2010 Page 2 DEQ's changes it is best to compare them against the actual plan. If you are interested in reviewing the Plan, a complete copy of the Plan is available through the City Recorder, on the City's website or in the City Administrator's office. DISCUSSION The Plan was developed in accordance with DEQ Guidelines for the Preparation of Facilities Plans and Environmental Reviews for Community Wastewater Projects (December 2005) and tailored as required to address the specific needs of the facilities planning process. The report is divided into three volumes as follows: • VOlume l: WastewaterTreatment • VOlume 2: Wastewater Collection and Transmission System • VOlume 3: Wastewater Rate and System Development Charge Study The revisions and/or clarifications required to the final draft based on DEQ review comments were relatively minor and were addressed by staff. DEQ comments and staff's response is included as Attachment "B". The Plan as approved is a statement of intent by the City that commits to an identified list of capital improvement projects that will keep the City in compliance with the known regulatory compliance requirements established with our NPDES permit for operation of a publicly owned wastewater treatment system. The Plan also indentifies the anticipated schedule for capital improvements and how the City will finance those improvements The Council decision to approve and adopt the final draft of the Wastewater Facilities Plan and Rate Study (Plan) established a commitment to adopt and implement the plan upon Oregon Department of Environmental Quality (DEQ) review and approval. The local funding sources for the proposed Woodburn wastewater facilities improvements identified in VOlume 3: Wastewater Rate and System Development Charge Study are wastewater user rates and system development charges (SDCs). Implementation of the Plan requires sewer rate increases. The sewer rate increases will be adopted as needed. Failure to adopt the sewerrate increases as identified in the rate study will result in insufficient funds to carryout the Plan and will result in regulatory non- compliance 41 Honorable Mayor and City Council August 9, 2010 Page 3 The proposed rates are based on the revised cost-of-service analysis (which includes the projected annual system-wide rate increases of 9.5 to 12 percent per year through FY2014/15). The proposed rates are based on the same rate structure as the existing rates; they include fixed charge to recover billing and minimum quantity costs, and volume charge to recover the remaining cost by customer class. Monitored Industrial rates are based on the average system- wide costs to treat each unit of flow, BOD, and TSS. The proposed rates reflect some changes in the utility's cost structure, how cost relates to different functional and service categories. Most notably, the BOD unit costs are significantly lower under the revised cost service (even with the 12.0 percent rate increase projected for FY2010/2011), and TSS costs are significantly higher. Plan Implementation also requires increasing the System Development Charges (SDC). In addition to the public process to date and as required by Oregon statues, the City must notify interested parties 90 days prior to the date on which the City Council will hold a public hearing to consider the methodology, and must make the SDC methodology available 60 days prior to the scheduled public hearing. Staff will review the notice requirement and recommend a public hearing date for Council Action to comply with this requirement. FINANCIAL IMPACT: Adoption of the Wastewater Facilities Plan and Rate Study commits to providing the necessary revenues through rate increases to pay for the capital, operational, and maintenance needs of the Publicly Owned Wastewater Treatment System. Attachments "A" -Approval letter from DEQ "B" -Modifications required by DEQ 42 Honorable Mayor and City Council August 9, 2010 Page 4 Attachment "A" ~~ ,~~: ~~B i5 ~ ~ ~t'~ ~, 5'~ ' ~1i. _;' r. ~~~~r '[~f~re~~lc~r~ 1~, Ks~lc~r~~c~~ki, Gu~~~Frne~r ~k~l~r , ~~1~ Ir. R~nd~ S~~kt+ UJ~ker I~esc~~rc+~s Division Manager City ~~V~~~db~rn 1~D ~~rfief~d street U~~~~1b~urn, Or~go~~ 9~7~71 Dear h~lr.5~ott: ~~~rltner~t +n~ ~'~~wi~`a~~tr~~n#~~ ~r~lit' ~~~sw~~r~7 ~~~~u~t - ~tiefl~ ~~f fig 1~~ L. tl~ ~~CY~IIL~r'~ta~~~ I(lt} lt~~~i~~, C~I~ 7~1-~{~ A f 1Fl ~iA-~'I~ 4~Lt~d~~~~W1 R~: uv~~ur~r Fa~F]iti~~ Plan A~~r~uE File ~N~. ~~~5 ~1~IF'f~~~~ I~~i~ion +~ hive revieu~+e~ 1~uF~a~~b~,rn'~ Far~~l ~Ua~t~~+~t~r F~~iliti~s ~lar~ ~Uols. I~ II, and III pre~are~ by CH~>: Dill re~eivec~ in our~ffi~~ Jung ~~, ~~~C~ The r~vise~ ~ucur~en~ ~o1~ir~~~~ tl!~~ ~~t~~enls a~f~rec~ ire uur I~tt~r ~~ J~t~~u~ry~ ~~~ ~D~~ and the F~~ilitc~~ Pl~r~ is ap,~rove~. Thy next step is to start ~r~-~~si~n ~rk~ T~ ~v~Ed ~~ctr~ oar ~n~ cost ~verrur~s, the Cit~r sl~oul~ r~~t autf7ori~~ final ~~si~n until ~ ~r-d~~i~n r~~ort ~~ r~vi~w~~f ~r~d ~~,r~~~ to h~ City staff and ~~~~ ftio4ilcJ the iir~pl~rr~~ntati~n ~f t~i~ F~' I~p~ ~v~r five ~e~rs+ wee stror~~ly re~corr~rr~en~ tl~ak you cor~suit v~itl~ ~~~ ~kaff t~ ensure that tl'~~ pr~~os~ci ~G~r~ anti iss~ies are still relevant, ;It is s~m~etirr~~s ~a~ssih9 that pre~ar~ti~r~ of ~ new FP' n~a~r bn ~v~rr~nt~~ ~fkeC five yearn Please ~~~# free t~ ~~li ~~ t ~5~# 1~ ~g7-~~~ sf~~aul~ yoga ha~+e any ~uesti~rrs or eor~n~enks, -~TC1GI~I~'k _ J F a€~ime Isaza, t'~je~t ~~ff~i~c~~ ~c: T~~vicl reer~, (~H~. I~a~e ~elye~, R~e~~ I7ick~~r,r l~~~a~Ye~~ I~~~t~t, '~"ia~~ IV1~?~eEri~n~ m E( ~i:~oadbarn ~C~,~I;P~~p.~do~x 43 Honorable Mayor and City Council August 9, 2010 Page 5 ~~ rr ac men Responses to DEQ Comments in Letter to Rand Scott, Water Resources Division Mana er DEQ Comment Response Volume 1: Wastewater Treatment Section 1 Pg. ~-2, Table 1~~., fifth bullet, The CMOM guidelines have not been prvmulg~ted as regulations, Reworded for Follovuing the proposed regulations is encouraged; hav~rever, compliance is not required at this potential time and may never be, compliance. Sane table, Growth. It is stated that a key factor related to grouvth is to increase density Removed. However, a vuill be pointed out in a later Chapter, a desire to Increase the socio-ecanor~ic status of migrant residents is stressed in an effort to build more traditional single family housing, These "key factors" seem to be at odds with one another Section 2 Pg, ~-9, ectian 2.2.7.3, enecal Creek, It should be mentioned that 5enecal Creek has Added text historically been impacted by the Marian County Ash Monofill, and will likely see impacts due provided by DEQ. to high total dissolved solids faryears to come, Pg. 2-~~, Section ~,3,~,,~., Age. The third paragraph is in complete contrast to the statement Removed made in Table ~.-~., It appears that 1Noodburn's 'r~ey Factors" are to increase housing density, "increasing density in r~ ~, while the City s Policy is the exact opposite, Perhaps a review of the City's Comprehensive Table 1-1. Plan is in orderto cometo the proper conclusion as to what the City's priorities officiallyare. if the comp-plan priorities differ significantly from current opinions ar demographics, a comp plan updatepracessmaybewarranted. Pg. ~-~.5, Section 2.3,x,5, Nativity, The subject n7atter contained in this section relates to Removed imrni ration, culture and lifest ie, household sizes, and education levels, The reader could g y paragraph. possibly interpret the message of this section to be an opinion an subject of immigration, DEQ does not feel that such a message is appropriate far a Department approved Facilities Plant Pg, 2-~.6, Section 2,3.2,, Fcanom'rc Conditions and Trends. in the first buffet, the lower range of Removed. the hourly wage is stated as being $7,O~~hour, This is below the State of ~regan Minimum 1Nage, is this aloe to non-hourly salary employment, agricultural employment, or carne other type of status? The matter needs clarif ication, Pg, 2-~.7, Papulation~ The Department is aware that the City's growth management plans are Population under appeal at the Oregon Court of Appeals, Vl~hile the outcome of the case may not have an projection are effect ^n the 2~- ear a ulation forecast, the population numbers would need to be adjusted, y p p consistent with the UUoodburn if necessary, pending the decision. Nate however that the population coordinated number for Comprehensive the year 2D3~ is 37,216. Population projections beyond the 20-year planning period are less Plan, Appendix certain and, because of the many unknowns, became highly speculative, F and G of the report provide supporting documentation: 44 Honorable Mayor and City Council August 9, 2010 Page 6 ~~ rr ac men Responses to DEQ Comments in Letter to Randy Scott, Water Resources Division Manager DEQ Comment Response It is important to grasp, that although population projections are provided, residential flow projections are based on 2.8% increase from now to 2020 and 1.9% increase from 2020 to 2060, which is consistent with the comp plan of both the City and Marion County. See section 4.5.1 of the report Section 4 Pg. 4-~., Section 4,3, Service Area P~ojectior~s. A number of expectations and assumptions are Added note, made in this section, specifically, para~~aph three, The basis of these assumptions shot~id b referencing - comprehensive identified plan. Pg.4-7,Tabie 4~7 The base sine TSS cancer~trtian vaiue listed in the Table appears to be are the law side Added footnote and does not seem to refiectthe TSB loads inTables4-5 and 4-7. about Sm uckers i n 2004. Page 4-9, item 4.5.x., bullet #1, da the flow increases praje~ted here represent an accurate estimate of Added note future flows given the fact that l~l may increase with timed referring to discussion in Volume 2: Wastewater Collection and Transmission System. Section 5 45 Honorable Mayor and City Council August 9, 2010 Page 7 ~~ rr ac men Responses to DEQ Comments in Letter to Randy Scott, Water Resources Division Manager DEQ Comment Response Pg. 5-~, Section 5.1,1, Regulatory Requirements, It is stated that the water quality standards for Corrected. the tNillamette River are reviewed on a yearly basis, Although it is true that Oregon's OARS are continually evaluated and reviewed for potential modifications, the official review period is the ~-year "Triennial Review" process, it is also stated that the current NPDE permit is scheduled far review and renewal in 209, Paint of clarification. The permit expired on i~avember ~o, ~D~9, and is scheduled to be renewed in mid 2~~0. It is stated in this section that the MAO modifies the permit compliance schedule for Reworded per temperature and winter ammonia. It should be made clear that the MAO is an enforcement enforcement action and not a modification of the NPDES ermit. The ermit corn fiance schedule has not p p p note; referenced been changed; rather, an enforcement action has been taken which set forth its awn current MAO compliance schedule. ~ modifications. Pg, 5-8, Section 5.1.1,$, Micro-contaminants. In addition to the source control and discharge Added limitations, consumer product regulation combined with public education will very likely be statement to art ofthis emer in area of concern, l~ g g plan. Pg. 5~1~, Section 5.1,1,12, Sanitary Seaver Overflows, The reference to the 5-year, ~4-hour S5O Added prohibition should include theJanuary, 2010effective date, statement to plan. Pg. 5-~0, Section 5,~,.~,~~ ~tfiuent Biending. The current f~PDES permit does not allow blendTng~ The Reworded. General Conditions, Schedule it of the permit references bypassing under certain conditions, however, the Department is ~enerallysilenton blending, Pg. 5-11, Section 5.J.,J.~J,4, Table 5-7, are the acronyms ~iD and RM~ defined earlier in the documents Defined acronyms. Pg. 5-~,~., last paragraph, second sentence, should "REP" be `-RPA"? Corrected. Pg. 5-~7, Permit Requirements. it is stated that the Class 6 recycled water could qualify as Class A Added recycled mater with additional disinfection This statement should be expanded to include disinfectEOn reference to and filtration. It should also be noted that if the City decides to expand recycled water to privately filtration; added owned ro ert ,that both artier are ultimatel res onsible to manage the recycled water under the p p y p y l~ notation. new recycled water use rules with or without a contract in place Pg. 5-25, Section 5,~.5,~, and second paragraph -what are the ~~0 year and 5~0 year flood elevations? Added text Will the structural integrity of the wetland systet~ be preserved during these flood storm events? addressing this. 46 Honorable Mayor and City Council August 9, 2010 Page8 ~~ rr ac men Responses to DEQ Comments in Letter to Randy Scott, Water Resources Division Manager DEQ Comment Response Section 7 Page 7-~, Section 7.~. The last paragraph references the monthly X007 flogs and loads from the twa Modified table. farms in Table 7-~ and i~ig~re 7-1. Ha~rever, Figure 7-1 appears to be a ~-yr ~~002-2007 average monthly plot of flows and loads. Pg. 7~~,0, Munic[pal vtilaskewater Management Strategies, second paragraph. Please elaborate in the Added relationship between temperature mitigation and ammonia criteria, references to Figures 5-1 and 5-2. Pg. 7-10, last paragraph. Pease explain ~'suf~icient'~ In the contest of pra~ected influent flows. Reworded. Pg. 7~~7, last paragraph, last sentence. Is the monitoring and evaluation to analyze and establish the Added notation true capacity of the filters being done now? Otherwise when is [t recommended to be done by? ~ that existing filters remain. Pg. 7-3D, last paragraph, 2na line, please include material of the outfall p[pe in the description. Added pipe material to description. Section 8 Pg. 8-~5, Section ~.~.~ Hyporheic Discharge and High Rate irrigation, Note that any use of a hyparheic Added discharge will need to be reviewed and approved in accordance with the Departments lMD guidelines reference to for a hyporheic discharge, IMD guidelines. Section 11 [=nvironmental Report ~~R~~ No environmental report has been submitted to the Department. Should No changes to the City be interested in financing this project through the CWSRF, an l±R needs to be prepared Facility Plan. according to the guidelines {http:JJwww.deq.skate.or.usf urq~laans~dacsJGreen~uide.pdf} Volume 2: Wastewater Collection and Transmission System Section 3 Pg. 3-~ Estabiish Approaoh, ~.. Please define CH5. Defined. Section 5 Pg. ~, Table 5-~.. Does the third pump at the Mill Creek Pump Station have a capac[ty greater than 55DO Updated gpm? Otherwise why is the firm capacity ~~ the capacity of pump #~ or pump ~~ when pumps ~. & ~ are information. running with the third pump out of service? Section 6 Pg. 6-5. Please define 1ERF. Defined in report. Section 8 47 Honorable Mayor and City Council August 9, 2010 Page 9 ~~ rr ac men Responses to DEQ Comments in Letter to Randy Scott, Water Resources Division Manager DEQ Comment Response Pg. 5~~, Section 8.3, bullet #~~ is it realistic to assume that there will be no increase in RDII in the Added existing sewer systern during the planning period? Our experience with Oregon communities regarding reference that the most aggressive collection system maintenance programs would suggest otherwise. The FP the dedicated annual budget document must `rnclude a dedicated annual budget for an aggressive ongoing collection system is identified in maintenance program to keep the RDiI flov~s in the existing system to current ~~o~o~ levels over the ~0 proposed CIP. year planning period{ Appendix C It i~ r~~t cl~~r the r~l~va~~e ~~ i~~~ud}r~~ M~cM~nr~vill~'~ fain~all ir~f~~m~ti~n in tl~~ ~~~~~r~~r~t. Is this the Corrected title ~~~~~~t rainfall ~r~i~~r~r~ st~ti~rr~ to figure. Volume 3: Wastewater Rate and System Development Charge Study Pg. T~~, Table 74~, Please define iVTS~ Defined in report. Clean Water State Revolving Fund Requirements No changes. Errata Corrected. 48 COUNCIL BILL N0.2837 RESOLUTION N0.1975 A RESOLUTION ADOPTING THE WASTEWATER FACILITIES PLAN AND RATE STUDY AS REQUIRED BY THE OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY AND DIRECTING STAFF TO IMPLEMENT SAID PLAN WHEREAS, the City Council by Resolution 1952 adopted the final draft of the Wastewater Facilities Plan and Rate Study ("the Plan") and authorized the City Administrator to submit the plan to the Oregon Department of Environmental Quality ("DEQ") for review and approval; and WHEREAS, by letter dated July 23, 2010, DEQ approved the Plan subject to certain minor modifications specified in Exhibit "A";and WHEREAS, the City has incorporated all of the DEQ modifications and is prepared to adopt the Plan; NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City hereby adopts the Wastewater Facilities Plan and Rate study as modified by DEQ. A complete copy of the adopted Plan is on file with the City Recorder and is, by this reference, incorporated into this Resolution. Section 2. Staff is hereby directed to implement the provisions of the Plan as adopted by the City Council and approved by DEQ. 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 Page 1-Council Bill No. 2837 Resolution No. 1975 49 ATTEST: Christina Shearer, City Recorder City of Woodburn, Oregon Page 2-Council Bill No. 2837 Resolution No. 1975 50 EXHIBIT A Page 1 of 5 Responses to DEQ Comments in Letter to Rand Scott, Water Resources Division Mana er DEQ Comment Response Volume 1: Wastewater Treatment Section 1 Pg, ~-2, Table ~,~~., fifth bullet. The C~IOM guidelines have not been promulgated as regulations, Reworded for Following the proposed regulations ~ encouraged; hou~rever, compliance is not required at this potential time and may never be. compliance. Same table, Crawth. It ~~ stated that a liey factor related to growth is to increase density. Removed. ~lawever, as vuill be pointed out in a later chapter, a desire to increase the socla-economic status of migrant residents is stressed in an effort to build more traditional single family housing, These "key factors" seem to be at addswith one another Section 2 Pg. ~-9, section x.2.7.3, ~enecal Creek. It should be mentioned that Senecal Greek has Added text historically been impacted by the Marian County Ash Monofill, and gill likely see impacts due provided by DEQ. to high total dissolved solids far years to come. Pg. 2~~~, section 2.3~~,,~., Age. The third paragraph is in complete contrast to the statement Removed made in Table 1.-1, It appears that Vlloodburn's'fKey factors" are to increase housing density, "increasing 1~ » , while the City s Policy as the exact appas~te, Perhaps a review of the City's Camprehens~ve density in Table 1-1. Plan is in orderto came to the proper conclusion as to what the City's priorities officiallyare. If the camp-plan priorities differ significantly from current opinions or demographics, acomp- plan updateprocessmaybe~arranted. Pg. ~-~.5, Section z.3,,5, Nativity, The subject matter contained in this section relates to Removed irnrni ration, culture and lifest le, household sizes, and education levels, The reader could g y paragraph. possibly interpret the message of this section to be an opinion on subject of immigration, DEQ does not feel that such a message is appropriate far a Department approved Facilities Plant Pg. ~-~.~, Section 2.3,2,, Economic Conditions and Trends. In the first bullet, the louver range of Removed. the hourly wage is stated as being $7.0~/hour This is below the State of Oregon Minimum Wage, Is this due to non-hourly salary employment, agricultural employment, or some other type of status The matter needs clarificatian~ Pg, ~-~.?, Population, The Department is a~rare that the Cites grovuth management plans are Population under appeal at the Oregon Court afAppeals, ~lllhile the outcome ofthe case may not have an projection are effect an the ~~- ear o elation forecast, the population numbers would need to be adjusted, y p P consistent with the Woodburn if necessary, pending the decision. Note however that the population coordinated number far Comprehensive the year 203 is 37,2.6. Population projections beyond the 20-year planning period are less Plan, Appendix certain and, because afthe many unknowns, became highly speculative, F and G of the report provide supporting documentation: It is important to grasp, that although population projections are provided, 51 EXHIBIT A Page 2 of 5 Responses to DEQ Comments in Letter to Rand Scott, Water Resources Division Mana er DEQ Comment Response residential flow projections are based on 2.8% increase from now to 2020 and 1.9% increase from 2020 to 2060, WhICh IS consistent with the comp plan of both the City and Marion County. See section 4.5.1 of the report Section 4 Pg. ~-1, section 4r3, Service Area Projections. A number of expectations and assumptions are Added note, nude in this section, specifically, paragraph three, The basis of these assumptions should be referencing comprehensive identified plan. Pg.4-7,Table 4~7 The base line TSS concentration vai~re listed in the Table appears to be on the low side Added footnote and does notseem to reflect the TSS loads in Tables4-~ and 4-~. about Smuckers in 2004. Page 4-9, item 4~5~~,, bullet #1, do the flow increases projected here represent an accurate estimate of Added note future flows given the fact that I f l may increase with timed referring to discussion in Volume 2: Wastewater Collection and Transmission System. Section 5 Pg. 5-~., Section 5.x.1, Regulatory Requirements, it is stated that the water quality standards for Corrected. the vUillamette River are reviewed on a yearly basis, Although it is true that Dregon's OARS are continually evaluated and reviewed for potential modifications, the official review period is the ~-year "Triennial Review" process, it is also stated that the current NPD~S permit is scheduled for revievr and renewal in X009. Point of clarification: The permit expired on i`iovember ~0, ~OD9, and is scheduled to be renewed in rnid ~4~,OF It is stated in this section that the MAD modifies the permit compliance schedule far Reworded per terr~perature and winter ammonia. It should be made clear that the MAO is an enforcement enforcement action and not a modification of the NPDES errnit. The ermit com liance schedule has not p p p note; referenced been changed; rather, an enforcement action has been taken which set forth its own current MAO compliance schedule, ~ modifications. 52 EXHIBIT A Page 3 of 5 Responses to DEQ Comments in Letter to Rand Scott, Water Resources Division Mana er DEQ Comment Response Pgt -8, Section 5.~..~.,$, Micrv-contaminants. In addition to the source control and discharge Added limitations, consur~er product regulation combined wit~r public education will very likely be statement to part o~ this emerging area of concern, plan. Pg, 510, Section 5,x..1.12, Sanitary Surer overflows, The reference to the ~-year, ~4-hour S5~ Added prohibition should include the January, ~01o e~~ective date. statement to plan. Pg. 5-~0, Section 5.~.~.~3 effluent Blending. ~'he current NPD~S permit does not allow blending The Reworded. General conditions, Schedule it of the permit references bypassing under certain conditions, however, the Department is generally silent on blending, Pg. ~-~~, Section 5.~.,~.+.4, Table -7', are the acronyms ~lD and RMZ de~lned earlier in the docurnent~ Defined acronyms. Pg. 5-~.~., last paragraph, second sentence, should "~%P" be `-RPA"? Corrected. Pg. 5-~7, Permit Requirements. It is stated that the Gass ~ recycled water could qualify as Class A Added recycled v~ater with additional disinfection. This statement should be expanded to include disinfection reference to and filtration. it should also be noted that if the pity decides to expand recycled water to pri~rately filtration; added owned property, that both parties are ultimately responsible to n7anage the recycled water under the notation. neuu recycled water use rules with or vuithout a contract in place Pg. ~-25, Section 5.1.5.x, and second paragraph -ghat are the X00 year and 5~0 year flood elevatior~s~ Added text 1~i11 the structural integrity of the wetland system be preserved during these flood storm events addressing this. 53 EXHIBIT A Page 4 of 5 Responses to DEQ Comments in Letter to Rand Scott, Water Resources Division Mana er DEQ Comment Response Section 7 Page 7-~, Section 7.2. The last paragraph references the rnenthly ~~~7 flows and lands from the two Modified table. farms in Table 7-~ and I+igure l-~. However, Figure 7-~ appears to be a G-yr ~2D02~2007} average monthly plot of flows and loads. Pg. 7-~.0, Municipal Wastewater Management Strategies, second paragraph. Please elaborate in the Added relationship between temperature mitigation and ammonia criteria references to Figures 5-1 and 5-2. Pg~ 7-1~, fast paragraph. P~eas~ explain ~`5uf~~C`lent,~ ~n the C~rttest of prve~ted Influent f~OW. Reworded. Pg. 7~~7, last paragraph, last sentence. Is the monitoring and evaluation to anal~+~e aid establish the Added notation true capacity of the filters being done now? otherwise when is it recommended to be done by? ~ that existing filters remain. Pg. 7-3C, Cast paragraph, ~n~ line, please include material of the outfall pipe in the description. Added pipe material to description. Section 8 Pg. 8-~S, Section 8.3.4 Hyporhelc Discharge anal High Rate irrigation. Note that any use of a hyporheic Added discharge will need to be reviewed and approved in accordance with the Departments lMD guidelines reference to for a hyporheic discharge, IMD guidelines. Section 11 Fnvironmental Report ~~R~, No envirann~entai report has been submitted to the Department. Should No changes to the pity be interested in financing this project through the ~WSRf, an l;R needs to be prepared Facility Plan. according to the guidelines {http: f f wv~rw.deq.state.or.usf urq f loans~dacs f GreenGuide.pdf} Volume 2: Wastewater Collection and Transmission System Section 3 Pg. 3-1 Establish Approach, ~.. Please define CIS. Defined. Section 5 Pg. 3, Table 5-~.. Does the third pump at the Mill Creek Pump Station have a capacity greater than 550D Updated gpn~? otherwise why isthe firm capacity~x the capacityof pump ~~ arpump #~ when pumps ~. & ~ are information. running with the third pimp out of service? Section 6 leg. b-~. Please define 1ERF. Defined in report. Section 8 54 EXHIBIT A Page 5 of 5 Responses to DEQ Comments in Letter to Rand Scott, Water Resources Division Mana er DEQ Comment Response Pg. 8~3, Section 5.~, bullet #~~ is it realistic to assume that there will be no increase in RDII in the Added existing sewer system during the planr~ir~g period? Our experience with Oregon communities regarding reference that the most aggressive collection system maintenance programs would suggest otherwise. The FP the dedicated annual budget document must include a dedicated annual budget fog an aggressive ^r~going collection system is identified in maintenance program to keep the RDiI flogs in the existing system to current ~~O~o~ levels over the ~0 proposed CIP. year planning period Appendix C It is not clear tl~e relevance of including cinr~~rille's rainfall lnforrnation i~~ the ccun~ent. Is this tl~e Corrected title closest ralall r~onitoringtaticr~~ to figure. Volume 3: Wastewater Rate and System Development Charge Study Pg. ~~6, Table 7~~, Please define SITS. Defined in report. Clean Water State Revolving Fund Requirements No changes. Errata Corrected. 55 .,_: .~.a..i f,~~j' . - -~,~ £'Re F ~ A" t 4 ~ ~ al I L ~' ~5 'S ~~f"".~~." 1~ August 9, 2010 T0: Honorable Mayor and City Council FROM: Dan Brown, Public Works Director SUBJECT: ADOPTION OF INCREASE IN WASTEWATER USER RATES TO IMPLEMENT WASTEWATER FACILITIES PLAN AND RATE STUDY RECOMMENDATION: City Council pass the attached Resolution increasing wastewater user rate to implement the Wastewater Facilities Plan and Rate Study. BACKGROUND: The Mayor appointed, with Council concurrence, a Citizen Advisory Committee that met on 11 occasions over an 18 month period to provide input, advice, and review of staff work in the preparation of the Plan. The Citizen Advisory Committee voted unanimously to forward the Wastewater Facilities Plan and Rate Study to Council for approval and adoption on September 29, 2009. The City Council held a public hearing to review the Wastewater Facilities Plan and Rate Study on October 26, 2009. At the conclusion of the hearing Council adopted Resolution 1952, which authorized the City Administrator to submit the final draft of the Wastewater Facilities Plan and Rate Study to the Oregon Department of Environmental Quality (DEQ~ for review and approval. The city received notice from DEQ on July 23, 2010 the Plan had been approved. oiscussioN~ The Plan as approved is a statement of intent by the City that commits to an identified list of capital improvement projects that will keep the City in compliance with the known regulatory requirements established with our NPDES permit for operation of a publicly owned wastewater treatment system. The Plan also indentifies the anticipated schedule for capital improvements and how the City will finance those improvements. Agenda Item Review: City Administrator _x City Attorney _x Finance _x 56 Honorable Mayor and City Council August 9, 2010 Page 2 The local funding sources for the proposed Woodburn wastewater facilities improvements identified in Volume 3: Wastewater Rate and System Development Charge Study are wastewater user rates and system development charges (SDCs). Implementation of the Plan requires sewer rate increases. The sewer rate increases will be adopted as needed, the Resolution implements the recommended rate increase for the next five year period. Failure to adopt the sewer rate increases as identified will result in insufficient funds to carry out the Plan and will result in regulatory non-compliance The proposed rates are based on the revised cost-of-service analysis (which includes the projected annual system-wide rate increases of 9.5 to 12 percent per year through FY2014/15). The proposed rates are based on the same rate structure as the existing rates; they include a fixed charge to recover billing and minimum quantitycosts, and a volume charge to recoverthe remaining cost by customer class. Monitored industrial rates are based on the average system- widecosts to treat each unit of flow, BOD, and TSS. The proposed rates reflect some changes in the utility's cost structure, how cost relates to different functional and service categories. Most notably, the BOD unit costs are significantly lower under the revised cost service (even with the 12.0 percent rate increase projected for FY2010/2011), and TSS costs are significantly higher. Plan Implementation also requires increasing the System Development Charges (SDC). In addition to the public process to date and as required by Oregon statutes, the City must notify interested parties 90 days prior to the date on which the City Council will hold a public hearing to consider the methodology, and must make the SDC methodology available 60 days prior to the scheduled public hearing. Staff will review the notice requirement and recommend a public hearing date for council Action to complywith this requirement. FINANCIAL IMPACT: Approval of the Resolution will generate revenues through rate increases to pay for the capital, operational, and maintenance needs of the Publicly Owned Wastewater Treatment System. 57 COUNCIL BILL N0.2838 RESOLUTION N0.1976 A RESOLUTION ADJUSTING WASTEWATER RATES IN ORDER TO IMPLEMENT THE WASTEWATER FACILITIES PLAN AND RATE STUDY AND SETTING EFFECTIVE DATES WHEREAS, the City Council by Resolution adopted the Wastewater Facilities Plan and Rate Study; and WHEREAS, the Oregon Department of Environmental Quality has approved the Wastewater Facility Plan and Rate Study; and WHEREAS, it is necessary for the City to implement the rates contained in the Wastewater Facility Plan and Rate Study to meet DEQ's regulatory compliance requirements; and WHEREAS, Ordinance 2157 provides that wastewater rates be set by City Council action; and WHEREAS, Section 11 of Ordinance 2157 provides: Section 11. Increase in Rates and Charges. Future rate adjustments will be established by Council action at a frequency and in an amount determined to be fiscally responsible for supporting service obligations, ensure POTW compliance with EPA/DEQ regulations, and to protect the environment and public health; NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. In order to implement the Wastewater Facility Plan and remain in regulatory compliance, the City Council finds that it is in the public interest to establish the following new rate schedule based on cost of service for wastewater use per VOlume 3, Wastewater Rate and System Development Charge Study of the adopted Plan, to be effective on September 1, 2010 and reflected in bills thereafter: A. RESIDENTIAL Minimum Minimum Char e VOlume 1. Single Family, Churches Page 1 -Council Bill No. 2838 Resolution No. 1976 Volume Charge/ Above Minimum 58 PER UNIT $31.03 500 cu. ft. $6.01/100 cu.ft. 2. MUlti Family, Apartments, Mobile Home in a Park, Condos PER UNIT $31.03 500 cu. ft. $6.01/100 cu.ft. 3. Residential unit not on City metered water system, PER UNIT $43.05 ------ ------ (NOTE: Above is based on estimate discharge of 700 cu. ft./mo. City may require metering if higher discharge estimated by the City Engineer) B. COMMERCIAL/INDUSTRIAL Minimum Minimum Volume Charge/ Char e Volume Above Minimum Businesses, Schools, R.V. Parks, Care Centers, etc. PER METER $42.28 600 cu. ft. $8.84/100 cf. C. MONITORED INDUSTRIAL $69.87 that includes a first 1,000 cu. ft. of flow, 25 lbs. BOD and 9 lbs. TSS Charges foramounts above minimum are: 1. Volume Charge $3.77/100 cu.ft. 2. BOD Charge: $0.79/Ib. 3. TSS Charge: $0.92/Ib. D. WASTEWATER DISCHARGE STATION - RV, etc. 1. Residential type sewage discharge station at commercial establishments, PER MONTH in addition to the standard charge a. For multiple RV dump stations $42.28 Minimum/connection b. For individual RV units in Park $4.42 Minimum/connection per 50 cu.ft. E. SEPTAGE -per truck load 1. Residential, PER GALLON $0.133 $51.71/min. 2. Commercial, PER GALLON $0.171 $65.01/min. Section 2. In order to implement the Wastewater Facility Plan and remain in regulatory compliance, the City Council finds that it is in the public interest to establish the following new rate schedule based on cost of service for Page 1 -Council Bill No. 2838 Resolution No. 1976 59 wastewater use per VOlume 3, Wastewater Rate and System Development Charge Study of the adopted Plan, to be effective on JUIy 1, 2011 and reflected in bills thereafter: A. RESIDENTIAL Minimum Minimum Volume Charge/ Char e VOlume Above Minimum 1. Single Family, Churches PER UNIT $33.98 500 cu. ft. $6.58/ 100 cu.ft. 2. MUlti Family, Apartments, Mobile Home in a Park, Condos PER UNIT $33.98 500 cu. ft. $6.58/100 cu.ft. 3. Residential unit not on City metered water system, PER UNIT $47.14 ------ ------ ~NOTE: Above is based on estimate discharge of 700 cu. ft./mo. City may require metering if higher discharge estimated by the City Engineer) B. COMMERCIAL/INDUSTRIAL Minimum Minimum Char e Volume Businesses, Schools, R.V. Parks, Care Centers, etc. PER METER $46.11 600 cu. ft. C. MONITORED INDUSTRIAL Volume Charge/ Above Minimum $9.74/ 100 cf. $76.18 that includes a first 1,000 cu. ft. of flow, 25 lbs. BOD and 9 lbs. TSS Charges foramounts above minimum are: 1. Volume Charge $4.14/100 cu.ft. 2. BOD Charge: $0.85/Ib. 3. TSS Charge: $1.00/Ib. D. WASTEWATER DISCHARGE STATION - RV, etc. 1. Residential type sewage discharge station at commercial establishments, PER MONTH in addition to the standard charge a. For multiple RV dump stations $46.11 Minimum/connection Page 1 -Council Bill No. 2838 Resolution No. 1976 60 b. For individual RV units in Park $4.87 Minimum/connection per 50 cu. ft. E. SEPTAGE -per truck load 1. Residential, PER GALLON $0.137 $53.34/min. 2. Commercial, PER GALLON $0.177 $67.06/min. Section 3. In order to implement the Wastewater Facility Plan and remain in regulatory compliance, the City Council finds that it is in the public interest to establish the following new rate schedule based on cost of service for wastewater use per Volume 3, Wastewater Rate and System Development Charge Study of the adopted Plan, to be effective on JUIy 1, 2012 and reflected in bills thereafter: A. RESIDENTIAL Minimum Minimum Volume Charge/ Char e VOlume Above Minimum 1. Single Family, Churches PER UNIT $37.23 500 cu. ft. $7.21 / 100 cu.ft. 2. MUlti Family, Apartments, Mobile Home in a Park, Condos PER UNIT $37.23 500 cu. ft. $7.21 /100 cu.ft. 3. Residential unit not on City metered water system, PER UNIT $51.65 ------ ------ ~NOTE: Above is based on estimate discharge of 700 cu. ft./mo. City may require metering if higher discharge estimated by the City Engineer) B. COMMERCIAL/INDUSTRIAL Businesses, Schools, R.V. Parks, Care Centers, etc. PER METER C. MONITORED INDUSTRIAL Minimum Minimum Char e VOlume $50.30 600 cu. ft. $10.67/ 100 cf. Volume Charge/ Above Minimum $83.10 that includes a first 1,000 cu. ft. of flow, 25 lbs. BOD and 9 lbs. TSS Page 1 -Council Bill No. 2838 Resolution No. 1976 61 Charges foramounts above minimum are: 1. Volume Charge $4.55/100 cu.ft. 2. BOD Charge: $0.92/Ib. 3. TSS Charge: $1.09/Ib. D. WASTEWATER DISCHARGE STATION - RV, etc. 1. Residential type sewage discharge station at commercial establishments, PER MONTH in addition to the standard charge a. For multiple RV dump stations $50.30 Minimum/connection b. For individual RV units in Park $5.33 Minimum/connection per 50 cu. ft. E. SEPTAGE -per truck load 1. Residential, PER GALLON $0.143 $55.54/min. 2. Commercial, PER GALLON $0.184 $69.83/min. Section 4. In order to implement the Wastewater Facility Plan and remain in regulatory compliance, the City Council finds that it is in the public interest to establish the following new rate schedule based on cost of service for wastewater use per Volume 3, Wastewater Rate and System Development Charge Study of the adopted Plan, to be effective on JUIy 1, 2013 and reflected in bills thereafter: A. RESIDENTIAL Minimum Minimum Volume Charge/ Char e Volume Above Minimum 1. Single Family, Churches PER UNIT $40.77 500 cu. ft. $7.90/ 100 cu.ft. 2. Multi Family, Apartments, Mobile Home in a Park, Condos PER UNIT $40.77 500 cu. ft. $7.90/100 cu.ft. 3. Residential unit not on City metered water system, PER UNIT $56.57 ------ ------ (NOTE: Above is based on estimate discharge of 700 cu. ft./mo. City may require metering if higher discharge estimated by the City Engineer B. COMMERCIAL/INDUSTRIAL Page 1 -Council Bill No. 2838 Resolution No. 1976 62 Minimum Minimum Char e Volume Businesses, Schools, R.V. Parks, Care Centers, etc. PER METER $54.89 600 cu. ft. C. MONITORED INDUSTRIAL Volume Charge/ Above Minimum $1 1.69/ 100 cf. $90.67 that includes a first 1,000 cu. ft. of flow, 25 lbs. BOD and 9 lbs. TSS Charges foramounts above minimum are: 1. Volume Charge $4.99/100 cu.ft. 2. BOD Charge: $1.01/Ib. 3. TSS Charge: $1.19/Ib. D. WASTEWATER DISCHARGE STATION - RV, etc. 1. Residential type sewage discharge station at commercial establishments, PER MONTH in addition to the standard charge a. For multiple RV dump stations $54.89 Minimum/connection b. For individual RV units in Park $5.85 Minimum/connection per 50 cu. ft. E. SEPTAGE -per truck load 1. Residential, PER GALLON $0.149 $58.03/min. 2. Commercial, PER GALLON $0.192 $72.95/min. Section 5. In order to implement the Wastewater Facility Plan and remain in regulatory compliance, the City Council finds that it is in the public interest to establish the following new rate schedule based on cost of service for wastewater use per Volume 3, Wastewater Rate and System Development Charge Study of the adopted Plan, to be effective on JUIy 1, 2014 and reflected in bills thereafter: A. RESIDENTIAL Minimum Minimum Char e Volume 1. Single Family, Churches PER UNIT $8.65/ 100 cu.ft. 2. MUlti Family, Apartments, Mobile Home in a Park, Condos PER UNIT $44.64 500 cu. ft. Page 1 -Council Bill No. 2838 Resolution No. 1976 Volume Charge/ Above Minimum $44.64 500 cu. ft. $8.65/100 cu.ft. 63 3. Residential unit not on City metered water system, PER UNIT $61.94 ------ ------ ~NOTE: Above is based on estimate discharge of 700 cu. ft./mo. City may require metering if higher discharge estimated by the City Engineer) B. COMMERCIAL/INDUSTRIAL Minimum Minimum Volume Charge/ Char e Volume Above Minimum Businesses, Schools, R.V. Parks, Care Centers, etc. PER METER $59.87 600 cu. ft. $12.80/100 cf. C. MONITORED INDUSTRIAL $98.90 that includes a first 1,000 cu. ft. of flow, 25 lbs. BOD and 9 lbs. TSS Charges foramounts above minimum are: 1. Volume Charge $5.48/100 cu.ft. 2. BOD Charge: $1.10/Ib. 3. TSS Charge: $1.30/Ib. D. WASTEWATER DISCHARGE STATION - RV, etc. 1. Residential type sewage discharge station at commercial establishments, PER MONTH in addition to the standard charge a. For multiple RV dump stations $59.87 Minimum/connection b. For individual RV units in Park $6.40 Minimum/connection per 50 cu. ft. E. SEPTAGE -per truck load 1. Residential, PER GALLON $0.156 $60.63/min. 2. Commercial, PER GALLON $0.201 $76.22/min. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Page 1 -Council Bill No. 2838 Resolution No. 1976 64 Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Christina Shearer, City Recorder City of Woodburn, Oregon Page 1 -Council Bill No. 2838 Resolution No. 1976 65 .,_: .~.a..i f,~~j' . - -~,~ £'Re F ~ A" t 4 ~ ~ al I L ~' ~5 'S ~~f"".~~." 1~ August 9, 2010 T0: The Honorable Mayor and Members of the Woodburn City Council FROM: Scott Derickson, City Administrator SUBJECT: Transient Occupancy Grant Distribution & Proposed Three Year Agreement with the Woodburn Area Chamber of Commerce RECOMMENDATION: Authorize the proposed three year agreement (attached as Exhibit A) with the Woodburn Area Chamber of Commerce providing $48,000 per year and requiring program deliverables, accounting and reporting. BACKGROUND: During the City Council's June 22, 2009 City Council meeting (an excerpt from the Council minutes is attached as Exhibit B), the City Council voted to provide the Chamber of Commerce with $48,000 in TOT funding for the purposes of promoting tourism in Woodburn. The $48,000 represented the entire TOT allocation dedicated for the promotion of tourism. The Council also directed staff to work with the Chamber of Commerce to draft a multi-year agreement providing TOT funding in exchange for a defined tourism program and requirements that insure accountability for TOT expenditures. Based on deliberations, the agreement was to delineate a scope and description of proposed projects, programs, project deliverables, timelines and milestones, detailed project budget, and status reports including financial reports that outline all project expenditures. SYNC~PSIS~ Ordinance 2057 provides that the Woodburn City Council shall distribute two- ninths ofanticipated Transient Occupancy Tax ~TOT~ monies fortourismand economic development purposes. Those monies may be retained by the City for those purposes, or may be distributed, in whole or in part by grants awarded to agencies that promote tourism or conduct economic development as a fundamental part of their mission. Agenda Item Review: City Administrator _x City Attorney x Finance _x 66 Honorable Mayor and City Council August 9, 2010 Page 2 Per the ordinance, the Council may at its discretion require some, or all monies, dedicated for tourism is distributed through a competitive grant process or may elect to suspend competition for one or more recipients and/or for multiple years. By approving a three year agreement with the Chamber of Commerce, it is estimated that the entire tourism allocation will be dedicated to fulfilling the agreement for the next three years, likely suspending the competitive grant process forthe duration of the agreement. If TOT revenues result in a higher than expected allocations in upcoming years, the additional revenue may be used for grant purposes. If actual TOT revenues decrease, our agreement allows the City Council to adjust the payment to the Chamber of Commerce. PROPOSED THREE YEAR CONTRACT: Subject to the conditions of the agreement, the City will provide the Chamber with $48,000 in TOT funds each year for a three year period. In addition, the agreement contains the following highlights: • Requires the City to provide the Chamberan annual mid-yearTOT revenue year-to-date summary. • In the event that the City's annual tourism related TOT revenue exceeds $48,000, the Chamber may submit a written request for additional funds. • Should the City's annual tourism-related TOT revenue fall below $48,000, the City Council can unilaterally adjust the annual payment to the Chamber as deemed appropriate. • Solidifies the Chambers current practice of maintaining a separate bank account forTOT funds and not commingling TOT resources with any other Chamber funds. • Continues the Chamber's practice of developing an annual Line Item Tourism Budget (including, but not limited to personnel costs, benefit costs, and materials & supplies) and Tourism Work Plan specifically identifying tourism activities to be funded by the ChamberTourism Fund. • The Chamber agrees to maintain, at a minimum: 1) a 0.75 FTETourism Coordinator, 2) developing, printing and distributing an annual Woodburn Visitor's Guide, and; 3) maintain a Visitor's Center at the Woodburn Company Stores. 67 Honorable Mayor and City Council August 9, 2010 Page 3 • The Chamber agrees to identify and track tourism related data as a means of measuring the effectiveness of the ChamberTourism Program. • The Chamber agrees to provide the Citywith a written semi-annual financial report and accounting of TOT funds and activities. • Requires the ongoing practice of tracking all the ChamberTourism Fund expenditures against the ChamberTourism Program's budget. • Allows the Chamber to continue billing any indirect costs against the ChamberTourism Fund in accordance with the Oregon Accounting Manual and state law. In no event, however, shall indirect cost charges exceed $15,000 annually. The Chamber currently bills $12,000 per year in indirect costs. SUMMARY -HISTORICAL TOT/CHAMBER GRANTS: Currently, the City has budgeted $220,000 in total TOT revenues with the $48,000 being allocated to the dedicated purposes of promoting tourism. From a budgetary standpoint, Woodburn began allocating and tracking TOT grants in FY 2008/09 with the creation of a TOT General Fund revenue/expenditure line item (GF Acct/199 Non-departmental). The FY 2009/10 Budget contained $48,000 -which was granted to the Chamber of Commerce in its entirety -while the adopted FY 2010/11 Budget includes an additional $48,000 allocation which is yet to be distributed. A summary of historical TOT grants provided to the Chamber is as follows: Summary of Chamber TOT Grants: FY 2001-Proposed 2011 FY 2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11-Proposed TOTAL Awarded to Chamber $22,000 $14,764 $50,681 $26,500 $50,615 $43,899 $24,186 $61,939 $48,000 48 000 $390,584 68 Honorable Mayor and City Council August 9, 2010 Page 4 Councilors should be aware that, although the actual FY 2008/09 TOT funding allocation was $44,128, the Chamber received $61,939. This is due to the City agreeing to allow the Chamber to recover previous amounts awarded, but unclaimed, based on the Chamber's submission of new documentation and receipts. FINANCIAL IMPACT: Based on Ordinance 2057 disbursement allocations, Woodburn FY 2010/11 Budget provides approximately $48,000 in tourism related expenditures. Approval of the agreement will require the City to budget at least $48,000 in TOT tourism funding, over the next two fiscal years, contingent upon the actualTOT revenue generated. The current FY 2010/11 budget contains $48,000 in TOT disbursements dedicated for the promotion of tourism. The remaining portion of TOT funding is placed in the General Fund where it supports General Fund services and programs, including public safety, economic development, City sponsored special events, etc. Increasing the amount of TOT funds dedicated to tourism would require a General Fund reduction as an offset. 69 EXHIBIT A Page 1 of 6 Agreement for Services between City of Woodburn and Woodburn Area Chamber of Commerce This Agreement is made and entered into by and between the City of Woodburn, an Oregon municipal corporation (hereinafter the "City"), and the Woodburn Area Chamber of Commerce, an Oregon non-profit corporation, 124 West Lincoln Street, Woodburn, Oregon, (hereinafter the "Chamber"), for tourism promotion activities, as described in this Agreement. WITNESSETH: WHEREAS, Ordinance 2057, the Transient Occupancy Tax Ordinance, imposes a Local Transient Occupancy Tax ("TOT") consistent with the provisions of Oregon State Law; and WHEREAS, Resolution 1882 established guidelines for the Tourism and Economic Development funds derived from TOT revenue; and WHEREAS, the City Council may in its discretion, consistent with Resolution 1882, distribute Tourism and Economic Development Funds to qualified community organizations over a multiple year period; and WHEREAS, the Chamber is a qualified community organization capable of effectively utilizing Tourism and Economic Development Funds; and WHEREAS, the parties understand and agree that all funds paid to the Chamber under this Agreement shall be expended to promote tourism within the city pursuant to applicable City regulation and Oregon State Law; NOW, THEREFORE, in consideration of the terms, conditions, compensation and performances contained herein, the parties hereto do mutually agree as follows: Section 1. T_. This Agreement shall commence upon execution by the parties and shall terminate on June 30, 2013. Section 2. Termination. This Agreement may be terminated at any time by mutual, written consent of the parties or for convenience by either party upon written notice to the other party of 30 calendar days. Section 3. Effect of Termination. If termination of this Agreement occurs for any reason, including expiration of the Agreement, the Chamber shall return to the City the unspent balance remaining of the Chamber Tourism Fund within 10 days of termination. This section shall survive termination of this Agreement. 1-Agreement for Services 70 EXHIBIT A Page 2 of 6 Section 4. City Funding. The City shall provide to the Chamber an amount not to exceed $144,000 of TOT funding under this Agreement as provided herein: A. The City will provide the Chamber with the first $48,000 payment within one week after execution of this Agreement. Subsequent payments will be due on the second Friday of the month in July 2011 and 2012. B. The City will provide the Chamber an annual mid-year TOT revenue year-to-date summary. The mid-year summary will be due February 201 1, 2012, and 2013. C. In the event that the City's annual tourism related TOT revenue exceeds $48,000, the Chamber may submit a written request for additional funds. Any request for additional funds shall include a justification, a current accounting of the Chamber Tourism Fund, and shall be subj ect to the approval of the Woodburn City Council. D. Should the City's annual tourism-related TOT revenue fall below $48,000, the City shall unilaterally adjust the annual payment to the Chamber as deemed appropriate by the Woodburn City Council. Section 5. Responsibilities of Chamber. The Chamber agrees as a condition precedent to receiving TOT funding under this Agreement to the following: A. The Chamber agrees that all TOT money received from the City pursuant to this Agreement be held in a separate bank account and not commingled with any other Chamber funds. This account shall be referred to as the Chamber Tourism Fund. B. The Chamber agrees that money in the Chamber Tourism Fund shall be spent only for the dedicated purpose of promoting tourism in Woodburn. C. The Chamber agrees to develop an annual Line Item Tourism Budget (including, but not limited, to personnel costs, benefit costs, and materials & supplies) and Tourism Work Plan specifically identifying tourism activities to be funded by the Chamber Tourism Fund. The Line Item Tourism Budget and Tourism Work Plan shall be referred to as the Chamber Tourism Program. D. The Chamber agrees to submit the initial Chamber Tourism Program to the City Council for review no later than September 30, 2010. Subsequently, Chamber Tourism Programs will be submitted to the Woodburn City Council for review in May 2011 and 2012. After the 2 -Agreement for Services 71 EXHIBIT A Page 3 of 6 Chamber Tourism Programs are submitted for review, the City Administrator will contact the President of the Chamber and schedule a presentation before the City Council regarding the Chamber Tourism Program. E. The Chamber agrees as part of the Chamber Tourism Program, by use of the Chamber Tourism Fund, to accomplish the following: (1) Fund a 0.75 FTE (3 0 hours per-week) Tourism Coordinator position for the exclusive purpose of implementing the Chamber Tourism Program. (2) Develop, print and distribute an annual Woodburn Visitor's Gui e. (3) Maintain a Visitor's Center at the Woodburn Company Stores. (4) Chamber agrees to list the City of Woodburn as a sponsor on all TOT supported publications. F. The Chamber agrees to identify and track tourism related data as a means of measuring the effectiveness of the Chamber Tourism Program. This data will be included in the Chamber's presentation of the Chamber Tourism Program to the Woodburn City Council. G. The Chamber agrees to provide the City with a written semi-annual financial report and accounting of TOT funds including: (1) A standard line item year-to-date report comparing expenses to budget. (2) A general financial summary of the Chamber Tourism Fund activities. (3) All programmatic efforts being conducted consistent with the Chamber Tourism Program. The first financial report shall be due in December 2010. Subsequent reports shall be due in June 201 1, December 201 1, June 2012, December 2012, and June 2013. Section 6. Documents and Reports. The Chamber shall maintain books, records, documents and other materials that sufficiently and properly reflect all expenditures made pursuant to this Agreement. Specifically, the Chamber shall: 3 -Agreement for Services 72 EXHIBIT A Page 4 of 6 A. Track all the Chamber Tourism Fund expenditures against the Chamber Tourism Program's budget. B. Adequately document all expenses and activities billed to the Chamber Tourism Fund consistent with the Chamber Tourism Program. C. Establish an actual-time based allocation methodology for the purposes of billing staff time against the Chamber Tourism Fund. The use of time cards that differentiate staff time spent on eligible tourism related activities versus other Chamber operations or functions will be considered sufficient for satisfying this requirement. D. Bill any indirect costs against the Chamber Tourism Fund only in accordance with the Oregon Accounting Manual and state law. In no event, however, shall indirect cost charges exceed $15,000 annually. The City shall have full access and the right to examine and copy, during normal business hours, all of the records of the Chamber with respect to matters covered in this Agreement. Such rights shall last for ten (10) years from the date a disbursement is made hereunder. Section 7. Auditing of Records. Upon thirty (30) days prior written notice, the City or its agent shall have the right to conduct an audit or review of the Chamber's records reasonably related to this Agreement. If an audit or review of the records determines that funds in the Chamber Tourism Fund have been inappropriately expended under this Agreement, Ordinance 2057, or state law, the Chamber shall reimburse the Chamber Tourism Fund for the full amount identified in the audit as inappropriate. If the inappropriately expended funds exceed $500, then Chamber will pay the City for the cost of the audit or review. Section 8. Compliance with Federal, State and Local Laws. The Chamber agrees to abide by all applicable federal and state statutes and regulations prohibiting employment discrimination, and any other statutes and regulations pertaining to the subj ect matter of this Agreement. Section 9. Authority to Execute Agreement. The Chamber represents to the City that this Agreement has been duly authorized by all necessary action on the part of the Chamber and no other corporate or other action on the part of the Chamber is necessary to authorize the execution and delivery of this Agreement. That this Agreement has been duly authorized by the Woodburn City Council and the City represents to the Chamber that the City Administrator has the power and authority to bind the City to this Agreement. Section 10. Leal Relations. Neither the Chamber, nor any employee, officer, official or volunteer of the Chamber shall be deemed to be an independent contractor, 4 -Agreement for Services 73 EXHIBIT A Page 5 of 6 employee or volunteer of the City. No liability shall attach to the Chamber or the City by reason of entering into this Agreement except as expressly provided herein. Section 11. Indemnification. The Chamber agrees to be responsible for and assumes liability for its own negligent acts or omissions, and those of its officers, agents, officials, employees or volunteers while performing work or expending funds pursuant to this Agreement to the fullest extent provided by law, and agrees to save, indemnify, defend and hold the City harmless from any such liability. This indemnification clause shall apply to any and all causes of action arising out of performance of work or expenditures of funds under this Agreement. The provisions of this section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to expiration or termination Section 12. Nondiscrimination. The Chamber 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. Section 13. Governing Law. This Agreement shall be governed by and construed in accordance with the law of the State of Oregon. Section 14. Severability. If 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. Section 15. Assignment. Neither party shall assign the Agreement without written consent of the other. Section 16. Attorney Fees. In any action brought by either party under this Agreement, the losing party shall pay to the prevailing party a reasonable sum for attorney fees in such action, or arbitration or appeal Section 17. 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. Section 18. 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: Scott Derickson, City Administrator 5 -Agreement for Services 74 EXHIBIT A Page 6 of 6 If directed to the Chamber: Woodburn Area Chamber of Commerce 124 East Lincoln Street Woodburn, Oregon 97071 Attn: Don Judson, Executive Director IN WITNESS WHEREOF, the Chamber and City have, by approval of their respective governing bodies, caused this Agreement to be executed. WOODBURN AREA CHAMBER OF COMMERCE Don Judson, Executive Director Date CITY OF WOODBURN Scott C. Derickson, City Administrator Date 6 -Agreement for Services 75 ~HI~' ~a~ ! a~ ~ COUNCIL MEETING MINUTES JUNE 22, 2009 TAPE READING ~O~ILONERGAN... Authorize the City Administrator to execute liability, auto, property, and workers' compensation insurance contracts with City County Insurance Services CIS}for fiscal year Z~09~2~1D, The motion passed unanimously. 286G TRANSIENT OCCUPANCY GRANT ~XBURSEMENT FaR FISCAL YEARS Dan Judson, Executive Director Woodburn Area Chamber of Commerce. Last year Woodburn Area Tourism SWAT} was established as a subset of the Woodburn Area Chamber of Commerce, Mr. Judson presented WAT's priorities, which include being the front door to Woodburn, attract more visitors, and increase overnight stays. He shared seven areas that WAT would like to focus their investments:l. create a website; ~. work closely with area festivals and attractions; 3. produce a new visitor guide; 4. operate a booth at each festival; 5. run cooperative ads in tourism publications; 6. include a visitor uide in each "goody" bag distributed to tour bus occupants; and 7. send current visitors g to other areas of the city. Mr. Judson presented a letter by Tern Sunderland, Creneral Manager of the woadburn Company Stores, which expressed the importance of tourism. Mr. Judson stated that he is very pleased with initial efforts made with tourism program and ho es that the City wall continue to partner with the Chamber in reaching economic p . rowth ~n the community. There was brief discussion amongst Council and Mr. Judson g in re aids to the revenues collected by City annually and the distribution of revenues for g tourism, economic development, and city operations. Mayor Figley expressed a concern in the varying degrees of accountability from bath the City and the Chamber. She would like to see Mr. Judson and City Administrator Dericksan work together to define and quantify success. Mr, Judson stated that one of the most obvious measures of success is Transient Gccu ancy Tax ~TGT} funds. There is also an increasing amount of membership dollars p which will continue to increase after WAT proves their success. They need to be able to have amulti-year program to measure the level of success. Councilor McCallum stated that he is supportive of staff s recommendation and hopes that a three or five year plan can be developed over the next year which would include operational costs so the plan can be measured. He would like to see a more detailed budget, reports to Council, copies of publications, and a plan that includes measurable outcomes. Mr. Judson responded to comments made by Councilor McCallum. He explained that wAT has already been working on .any of the changes that Councilor McCallum had suggested, which include a detailed budget and booths at festivals. He stated that publications are printed far wAT and the Chamber members. They have contacted many local business owners who have declined membership. Mr. Judson also stated that he had presented a written report to Council earlier in the year which included publications, There was discussion amongst the Council and Mr. Judson in regards to business Page $ -Council Meeting Minutes, June Z2, 209 76 - ii ~~1~ ~ ~ ~ COUNCIL MEETING MINUTES JUNE 22, 2009 TAPE READING involvement in the Chamber and potential revenues for the City and the Chamber. Councilor Cox stated that he is in support of the staff report and would like to give Chamber the additional funds that they need x$48,000 versus $44,000}. Councilor Pu h stated that he would like Mr. Judson and staff to define projects that the g City and the Chamber would like to accomplish and to define revenue requirements. Ci Administrator Derickson stated that the $44,000 had been determined to allow far an additional $5,000 in rants to be available xn the cammunzty. There ~s one other local g business that had expressed interest in applying far a grant although it is unsure whether the will submit. Changing the amount from $44,000 to $48,000 would leave $2,000 y remaining. Mr. Judson stated that the business wishing to apply for a grant with the City can join VAT and receive funds. CO~IPUGH.. ,Direct the City Administrator to enter into a Transient Occupancy Grant Disbursement agreement for FY 200-10 with the Chamber of Commerce in an amount to be determined by a second vote, and direct staff to work with the Chamber of Commerce aver the next year to draft amulti-year agreement that would delineate the sca e and description of proposed projects, programs, project deliverables, timelines, p milestones, detailed project budgets, and status reports ~nclud~ng f nancial reports that outline all project expenditures. The motion passed unanimously. CO~lPI7OH,.. Amount of the grant be $48,000. Councilor McCallum stated that he would like to see money remaining for other organizations. The motion passed unanimously. Tape 3 0258 PLANNING COMMISSION ~~ ADMINISTRATI'~E LAND DSE ACTIONS. A Community Development Director Hendryx's approval of preliminary partition plan } .. and street exce Lion at 417 Gatch Street: Applicant requested a Type II partition to divide P one lot into two parcels in addition to a Type II Exception to street right-of-way and improvements for Gatch Street. B Community Development Director Hendryx's approval of a design review for a pole } si n at 2515 Newberg Highway: Applicant requested a Type II Design Review to replace g an existin non-conforming sign with a pole sign that meets the requirements of the g Woodburn Development Grdinance ~wDG}, No action taken on either 031 ~ MAYOR AND COC~NCIL REPORTS. Page 9 -Council Meeting Minutes, June 22, 2Q09 77 .,_: .~.a..i f,~~j' . - -~,~ £'Re F ~ A" t 4 ~ ~ al I L ~' ~5 'S ~~f"".~~." 1~ August 9, 2010 T0: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR WILLOW AVENUE STORM DRAIN IMPROVEMENTS RECOMMENDATION: That the City Council awards a construction contract for the Willow Avenue Storm Drain Improvements to GT Excavating, LLC in the amount of $56,473.87. BACKGROUND: The contract is in conjunction with File #2010-018-03, Bid No. 2010-06 for the installation of 635 lineal feet of 10-inch diameter storm pipe, 27 lineal feet of fl- inch diameter storm pipe and the abandonment of 420 lineal feet of existing 10- inch diameter storm drain pipe with controlled density fill. The existing storm drain system currently traverses private property and crosses under an existing structure. This project will relocate the storm system to the public right-of-way. Bids for the improvement were opened on July 29, 2010. Eight (8~ legal bids were received from responsible, pre-qualified Bidders. Offers received are as follows: No: Name 1 GT Excavating, LLC 2 Pacific Excavation, Inc. 3 North Santiam Paving Co. 4 Jeff Kersey Construction 5 Harry Stanley Construction 6 Clackamas Construction, Inc. 7 Kerr Contractors Inc. 8 Olivas Valdez, Inc. Engineer's Estimate Amount $56,473.87 $60,471.00 $72,877.00 $74,719.10 $75,968.50 $82,000.00 $88,972.00 $138,109.00 $112,282.80 The recommended award is 49.7~o under the Engineer's estimate. Agenda Item Review: City Administrator x City Attorney x Finance _x 78 Honorable Mayor and City Council August 9, 2010 Page 2 DISCUSSION: The project was approved in the 2010-11 Capital Improvement Project budget. The project qualifies for partial expenditure of Storm System Development Charges due to its contribution to increasing system capacity. 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: The project will be funded using Storm SDC/CIP Funds. This project budget is $143,000 and was distributed as shown below: Design Engineering (363.631.9511.5411) _ $10,000 Project Management/Construction Engineering (363.631.9512.5411) _ $5,000 Storm Drain Construction -CIP (363.631.9531.5636) _ $100,000 Storm Drain Construction -SDC (377.631.9531.5636) _ $28,000 Total budgeted = 143 000 Based upon the bid results, the actual construction contract will be distributed as shown below: Storm Drain Construction (363.631.9531.5636) _ $28,473.87 Storm Drain Construction (377.631.9531.5636) _ $28,000.00 Design Engineering and PM/CE are the same as budgeted. Remaining funds available after award of contract are: Storm CIP (Fund 363) _ $189,526.13 Storm SDC (Fund 377) _ $309,580.00 79 ~.. f ,.~K: • ~+x{.,,4.5 k1 ~ I• f. 4 •i I i ~ I. 6 4~ •- e l v al• I L f ,5 i5 • August 9, 2010 T0: Honorable Mayor and City Council FROM: Scott Derickson, City Administrator SUBJECT: Cancellation of August 23, 2010 Council Meeting RECOMMENDATION: It is recommended that the City Council cancel the August 23, 2010 Council Meeting. BACKGROUND: Pursuant to City Charter, the City Council is required to meet regularly, at least once a month. The Council meets twice monthly, or more often, to conduct City business. The Council occasionally cancels a meeting due to holiday schedules or lack of business. DISCl1SSInN~ Historically, the City Council cancels its last meeting in August to accommodate scheduled absences. Because of this time of year, agenda items are typically light as well. For these reasons, it is being recommended that the City Council cancel the last meeting in August. Agenda Item Review: City Administrator _x City Attorney _x Finance _x 80 .,_: .~.a..i f,~~j' . - -~,~ £'Re F ~ A" t 4 ~ ~ al I L ~' ~5 'S ~~f"".~~." 1~ August 9, 2010 T0: Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Director of Economic and Development Services SUBJECT: Director's approval of Zoning Adjustment 2010-01, at 703 N. Evergreen Road (Silver Creek Assisted Living Center) RECOMMENDATION: No action is recommended. This item is placed before the Council for information purposes in compliance with the Woodburn Development Ordinance. The Council may call up this item for review if it desires. BACKGROUND: Silver Creek Assisted Living Center was constructed in the mid 1990's. In 1994 the property was surveyed to adjust a portion of the east lot line 15 feet to the east. The property line was, mistakenly, not adjusted at that time. The property owner then desired to remodel a portion of the structure. The property owner requested a Zoning Adjustment of 0.89 feet to the east side setback to allow the existing Silver Creek Assisted Living building to remain. DISCUSSION: None. FINANCIAL IMPACT: This decision is anticipated to have no public sector financial impact. Agenda Item Review: City Administrator _x City Attorney _x Finance _x 81 Honorable Mayor and City Council August 9, 2010 Page 2 -~ ~'~~vh~r ~p h - - ~ ~ ~~ .,~~ ~~ ' t ~ - ~_ ~' ~~~ a ~~~~ ~ P :~~~ ~~ ~, :. . ~, - ,, ti;~y, ,~. JJ ~~ u ~''~S ST f ~f. f x °~ ~ ~~~ A ~ ~.~. p ~ ~~ ~'~~ ~ - ti~ ~ ~ ~ j ~~ ~ -~~ - ~- ~ ~~ ~~ -'~' Zoning map 60,0' STACY ALLISON WAY NCO°50'49" 0,37' i0 W W ~~ j W l O b.0' NOT A LEGAL TAX LOT THIS AREA IS THE AREA OF THE LOT LINE ADJUSTMENT Site plan GRAPHIC SCALE ~ o sa 4a so (IN FEET ~ 1 inch = 40 ft. 82