January 13, 2014 Agenda
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ATHRYN IGLEYAYOR
ITY OF OODBURN
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ITY ALL OUNCIL HAMBERS ONTGOMERY TREET
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
3.ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A.City Hall and the Library will be closed on January 20for Martin
Luther King Jr. Day. The Aquatic Center will be open normal
hours.
Appointments:
None.
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
A.Chamber of Commerce
B.Woodburn School District
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
None.
6.COMMUNICATIONS
None.
–
This allowsthe public to introduce items for
7.BUSINESS FROM THE PUBLIC
Council consideration not already scheduled on the agenda.
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at
503-982-5210 at least 24 hours prior to this meeting.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-2485.**
January 13, 2014Council Agenda Page i
–Items listed on the consent agenda are considered
8.CONSENT AGENDA
routine and may be adopted by one motion. Any item may be removed
for discussion at the request of a Council member.
A.Woodburn City Council minutes of December 9, 20131
Recommended Action: Approve the minutes.
B.Woodburn City Council Executive Session minutes of December4
9, 2013
Recommended Action: Approve the minutes.
C.Woodburn Planning Commission minutes of November 14, 20135
Recommended Action: Accept the minutes.
D.Woodburn Park Board minutes of November 12, 201310
Recommended Action:Accept the minutes.
9.TABLED BUSINESS
None.
10.PUBLIC HEARINGS
A.Expansion of the Woodburn Enterprise Zone 13
–Members of the public wishing to comment on items of
11.GENERAL BUSINESS
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..-24
Council Bill No2942A Resolution Requesting that Business
Oregon, an Agency of the State of Oregon, Change the
Boundary of the Woodburn Enterprise Zone to Include the City of
Gervais and that the Zone be Renamed the Woodburn-Gervais
Enterprise Zone
Recommended Action:
(1)Conduct a public hearing on expanding the Woodburn
Enterprise Zone to include the City of Gervais.
(2)If acceptable to the City Council, adopt the attached
resolution recommending that the Woodburn Enterprise
Zone be expanded and renamed the Woodburn-Gervais
Enterprise Zone.
B.Council Bill No.2943-An Ordinance Enabling the Formation of 28
Economic Improvement Districts Pursuant to Oregon State Law
January 13, 2014Council Agenda Page ii
Recommended Action:Approve theOrdinance Enabling the
Formation of Economic Improvement Districts Pursuant to
Oregon State Law.
C.Council Bill No.2944-An Ordinance Repealing Ordinance 1015 39
(Relating To Street Decorations) as part of the Ordinance
Review/Revision Project Initiated by the City Council
Recommended Action:Repeal Ordinance 1015 (Street
Decorations).
D.Council Bill No.2945-A Resolution Renewing an 44
Intergovernmental Agreement with Marion County for the
Coordination of Permit Issuance and Inspections and
Authorizing the City Administrator to Sign said Agreement
Recommended Action:The City Council authorize the City
Administrator to sign a renewed Intergovernmental Agreement
(IGA) with Marion County for plumbing and electrical program
support.
–
These
12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
are Planning Commission or Administrative Land Use actions that may be
called up by the City Council.
A.Planning Commission Approval of Variance VAR 2013-01,52
Locatedat 498 Broadway Street
Recommended Action: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.
13.CITY ADMINISTRATOR’S REPORT
14.MAYOR AND COUNCIL REPORTS
15.ADJOURNMENT
January 13, 2014Council Agenda Page iii
COUNCIL MEETING MINUTES
DECEMBER 9, 2013
DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF
0:00
MARION, STATE OF OREGON, DECEMBER 9, 2013.
CONVENED
The meeting convened at 7:00 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor Figley Present
Councilor Cox Present - 7:05
Councilor Lonergan Present
Councilor McCallum Present
Councilor Morris Present
Councilor Ellsworth Present
Councilor Alonso Leon Present
Staff Present:
City Administrator Derickson, City Attorney Shields,Interim Public Works
Director Scott, Economic and Development Director Hendryx, Captain Garrett, Human
Resource Director Hereford,Urban Renewal Manager Stowers, Communications Coordinator
Horton, City Recorder Pierson
ANNOUNCEMENTS
0:00
The City Council meeting scheduled for December 23 is cancelled. The next City Council
meeting will take place on January 13, 2014 at 7:00 p.m.
APPOINTMENTS
Mayor Figley proposed the following appointments and reappointments:
Library Board
Position I J.D. Mitchoff (reappointment)
Position II Kristen Berkey (reappointment)
Position III Nancy Kirksey (reappointment)
Position V Ian Niktab (new appointment)
Park Board
Position I Ricardo Vasquez Rodriguez (new appointment)
Position III Joseph Nicoletti (reappointment)
Position IV Rosetta Wangerin (reappointment)
Position V Chris Lassen (new appointment)
Student Position II Sofie Velasquez (reappointment)
Planning Commission
Position 6 Frank W. Comer (new appointment)
Budget Committee
Position I Eric Swenson (reappointment)
Lonergan/Ellsworth
...approve the appointments and reappointments. The motion passed
unanimously.
Page 1 - Council Meeting Minutes,December 9, 2013
1
COUNCIL MEETING MINUTES
DECEMBER 9, 2013
COMMUNITY/GOVERNMENT ORGANIZATIONS
0:02
Chamber of Commerce – Don Judson, Executive Director, provided information to the
Council on upcoming Chamber functions and thanked the City Council for their support
during his timeas the Chambers Executive Director.
Woodburn School District – Chuck Ransom provided information to the City Council on the
upcoming bond for the school district.
Habitat for Humanity - Aaron Huddart, President of North Willamette Valley Habitat for
Humanity, provided information of what Habitat for Humanity has been up to in the
community and announced that they are looking to move the Restore store from Mt. Angel to
Woodburn.
BUSINESS FROM THE PUBLIC
0:47
Councilor Ellsworth stated that she has been fielding questions about the block wall that is
going up with the I-5 corridor and she would like to know what a decorative wall is and what
type of landscaping is going to be put in and who is going to maintain it. She also would like
to know what type of landscaping will be going where the Sequoia trees are standing right
now. City Administrator Derickson answered that ODOT owns this project and they are
responsible for the design and construction of the project. He added that in this particular
location ODOT will be planting native species and that the City is responsible for the right-of-
way maintenance after it is put in. City Administrator Derickson stated that we can ask
ODOT for a better description of the plants that will be put in. Interim Public Works Director
Scott answered that the decorative block wall is basically colored blocks with different
patterns. Councilor Ellsworth asked who would be responsible for removing graffiti from the
wall and Interim Public Works Director Scott answered that it would be the City’s
responsibility.
CONSENT AGENDA
1:05
A. Woodburn City Council minutes of November 25, 2013
B. Liquor License Change of Ownership/Name-Full On-Premise Salesfor El Tule
Taqueria
C.Crime Statistics through October 2013
D. Appointment as Vice-Chair of Legal Advocacy Committee
McCallum/Lonergan
adopt the Consent Agenda.The motion passed unanimously.
COUNCIL BILL NO.2941 - A RESOLUTION ENTERING INTO AN AGREEMENT
1:06
WITH WOODBURN SCHOOLDISTRICT 103 FOR THE PURPOSE OF
COLLECTING A CONSTRUCTION EXCISE TAX AS PROVIDED BY STATE LAW
AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SAID AGREEMENT
McCallum
introduced Council Bill 2941. Recorder Pierson 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. 2941 duly passed.
DRAFT ECONOMIC IMPROVEMENT DISTRICT ENABLING ORDINANCE
1:11
.
Urban Renewal Manager Stowers provided a staff report and presentationMayor Figley
Page 2 - Council Meeting Minutes,December 9, 2013
2
COUNCIL MEETING MINUTES
DECEMBER 9, 2013
announced that she does own property in the affectedarea. Councilor Cox stated that he has
no objections to the ordinance and asked what type of response they have received from the
downtown businesses. Urban Renewal Manager Stowers answered that the response they
have received has been very positive and supportive of an EID. Councilor Ellsworth asked if
they have done outreach to other areas of the City and Urban Renewal Manager Stowers
answered that they have not. Councilor Alonso Leon commented that she would like to see
outreach to other areas of the community.
CITY ADMINISTRATOR’S REPORT
1:24
The City Administrator had nothing to report.
MAYOR AND COUNCIL REPORTS
1:25
Councilor Alonso Leon wished all a happy holiday and encouraged people to volunteer and
donate when they can.
Councilor McCallum stated that it has been fantastic astart to the holidays with all the
community events going on and encouraged people to participate.
Mayor Figley wished everyone a Merry Christmas and Happy New Year.
EXECUTIVE SESSION
1:27
Mayor Figley entertained a motion to adjourn into executive session under the authority of
Lonergan/McCallum
ORS 192.660 (2)(h) and ORS 192.660 (2)(f). …to move into executive
session. The Council adjourned to executive session at 8:27 pm and reconvened at 9:33 pm.
Mayor Figley stated that no action was taken by the Council while in executive session.
ADJOURNMENT
2:33
McCallum/Lonergan
…. meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:33 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 3 - Council Meeting Minutes,December 9, 2013
3
EXECUTIVE SESSION
COUNCIL MEETING MINUTES
DECEMBER 9, 2013
DATECONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON,DECEMBER 9, 2013.
CONVENED
The Council met in executive session at 8:28 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor FigleyPresent
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallumPresent
Councilor MorrisPresent
Councilor Alonso Leon Present
Councilor Ellsworth Present
Staff Present:
City Recorder Pierson, City AdministratorDerickson, City Attorney Shields,
Captain Garrett
Others Present:
Kirk Mylander, CIS General Counsel
Media Present:
None
Mayor Figley reminded those in attendance that information discussed in executive session is not
to be discussed with the public.
The executive session was called:
To consult with counsel concerning the legal rights and duties of a public
body with regard to current litigation or litigation likely to be filed pursuant to
ORS 192.660 (2)(h).
To consider records that are exempt by law from public inspection pursuant to
ORS 192.660 (2)(f).
ADJOURNMENT.
The executive session adjourned at 9:32 p.m.
APPROVED_______________________________
KATHRYN FIGLEY, MAYOR
ATTEST_______________________________
Heather Pierson,CityRecorder
City of Woodburn, Oregon
Page1 – Executive Session, Council Meeting Minutes, December 9, 2013
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CityofWoodburn
CityofWoodburn
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
November12, 2013 5:30p.m.
CALL TO ORDER
1.
The meeting was called to order at 5:30 p.m.
ROLL CALL
2.
Position I Vacant, Member (12/14)
Position II Sofie Velasquez, Student Member (12/16) Absent
Position III Joseph Nicoletti, Board Secretary (12/13) Present
Position IV Rosetta Wangerin, Board Chair (12/13) Present
Position V Bruce Thomas, Member (12/13) Present
Position VI Ardis Knauf, Member (12/16) Present
Position VII Gevin Gregory, Member (12/16) Present (6:05
PM)
APPROVAL OF MINUTES
3.
The minutes from the October 8, 2013 meeting were unanimously approved
(Knauf/ Nicoletti)
BUSINESS FROM THE AUDIENCE
4.
None
NEW BUSINESS
5.
Member Reappointments
There was a brief discussion about the fact that Position #1 is still vacant and
members to let him know by November 25 if they would like to be
reappointed. Jim expressed his hope that a full Board would be in place by
the annual workshop in January.
OLD BUSINESS
6.
Legion Park Rehabilitation Project Update
Jim informed the Board that the pavilion/ restroom facility is currently in the
design phase. The plan is to utilize many of the trees that will be removed
from the park to mill lumber for the structure. The project is expected to be
out to bid in the spring. The deteriorated fencing around the parking lot and
soccer field has already been removed and plans are being developed to
replace the deteriorated light pole and imp
system. Work has also begun to complete the plan for future improvements to
the soccer field/ stadium area and the northern portion of the park behind the
10
stadium. The plan will include a recommendation for an artificial turf soccer
field and a new sports lighting system. A draft of the plan should be ready for
review by the Board in January.
Cowan Park Update
Jim and Gevin provided a brief update on the status of the Cowan Park Adopt-
A-Park project.
DIVISION REPORTS FROM DEPARTMENT
7.
a.AQUATICS
Financial Update
October revenue very similar to last year
Expenses this FY (July Oct) are down 4% from last FY
Revenue this FY (July Oct) is up 6% from last FY
Program Update
rd
Outdoor Program (Boys & Girls Club) starts today (3 year doing lessons)
Spooky Splash was a success this year as well
Eve Bash
Lifeguard Class
December 7 & 14 8am-8pm
o
Earn While You Learn Program
o
Swim instructor workshop in December for current staff
Marketing Update
Black Friday Sale on Nov. 29 (see flyer for details)
Buy 1, get one 50% off specific items (some memberships
o
included)
40% off specific items
o
Groupon promotion for swimming lessons was successful
Winter & Spring Out & About in editing phase, should be in hand in the
next month
b.RECREATION
Youth Sports
nd
Youth Soccer concluded Saturday, November 2 and Pee Wee Basketball has
now begun with 41 kids playing, 12 more than last year.
Community Ed Classes
Happy to rep
in October. The next cooking class will have a holiday theme. We have
made arrangements for new winter/spring classes to have two time slots to
11
accommodate demand. Other new winter/spring classes include puppy
kindergarten, tatting, and gardening
After School Club
The City has formalized an agreement with the Woodburn School District with
regards to the operation of the After School Club program. The School District
took over all operations, but the City is still supporting registration.
B&G Club
currently being renovated for more efficient utilization of interior space, new
paint, flooring and multi-purpose kitchen area. Technology and furnishings
throughout the facility have been upgraded to support our teens and ongoing
quality programming. Community garden beds will be created spring 2014.
Downtown Trick or Treating
st
ber 31from 3:30 5pm. There were many
games and activities in the Plaza including candy corn bowling, cup cake walk,
for kids to hit up for candy afterwards.
Lighting
st
. Festivities
begin at the Settlemier House at 5:30pm with a performance by the Dickens
Carolers, then a parade down Garfield Street to the Plaza where there will be light
refreshments, a youth dance performance, and an appearance by Santa himself.
c.PARKS & FACILITIES
None.
FUTURE BOARD BUSINESS
8.
The Board discussed the annual workshop that is generally conducted in
January.
BOARD COMMENTS
9.
There was some discussion about the
parking lot.
Gevin asked if dead tree branches at Cowan Park could be removed. Jim will
bring this item to the attention of the parks & facilities supervisor.
There was a discussion about the annual workshop, which, if we have a full
membership, will be conducted in January. Members discussed some of the
topics they would like to discuss.
ADJOURNMENT
10.
The meeting was adjourned at 6:15 p.m.
12
Agenda Item
Expansion of the Woodburn Enterprise Zone
RECOMMENDATION:
BACKGROUND:
13
DISCUSSION:
14
FINANCIAL IMPACT:
15
16
17
18
19
20
21
22
23
COUNCIL BILL NO. 2942
RESOLUTION NO. 2038
A RESOLUTION REQUESTING THAT BUSINESS OREGON, AN AGENCY OF THE STATE
OF OREGON, CHANGE THE BOUNDARY OF THE WOODBURN ENTERPRISE ZONE TO
INCLUDE THE CITY OF GERVAIS AND THAT THE ZONE BE RENAMED THE WOODBURN-
GERVAIS ENTERPRISE ZONE
WHEREAS,
WHEREAS,
WHEREAS
WHEREAS
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1.
Section 2.
Section 3.
Page 1-
24
Section 4.
Page 2-
25
26
27
Agenda Item
An Ordinance Enabling the Formation of Economic Improvement
Districts Pursuant to Oregon State Law
RECOMMENDATION:
BACKGROUND:
DISCUSSION:
FINANCIAL IMPACT:
28
COUNCIL BILL NO. 2943
ORDINANCE NO. 2512
AN ORDINANCE ENABLING THE FORMATION OF ECONOMIC IMPROVEMENT
DISTRICTS PURSUANT TO OREGON STATE LAW
WHEREAS,
WHEREAS,
;
WHEREAS,
NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Purpose.
Page- 1 -
29
Section 2. Definitions.
Page- 2 -
30
Page- 3 -
31
Section 3. Preliminary Institution of Economic Improvement District.
Section 4. Final Plan and Ordinance Preparation.
Page- 4 -
32
Section 5.Consideration of Final Economic Improvement Plan and
Ordinance.
Page- 5 -
33
Section 6. Notice.
Page- 6 -
34
Section 7. Hearing, Exemption Process and Ordinance Establishing
District.
Page- 7 -
35
Section 8. Preparation and Notice of Assessments.
Page- 8 -
36
Section 9. Hearing on Assessment Ordinance.
Section 10. Assessments.
Section 11. Limitation on Boundaries.
Section 12. Expenditure of Moneys.
Page- 9 -
37
Section 13. Limitation on Expenditures.
Section 14. Administration.
Page- 10 -
38
Agenda Item
Ordinance Review/Revision Project
Ordinance 1015 (Street Decorations)
RECOMMENDATION
BACKGROUND:
DISCUSSION
39
FINANCIAL IMPACT
40
WOC
OODBURN RDINANCE OMPILATION
ORDINANCE NO. 1015
AN ORDINANCE RELATING TO STREET DECORATIONS, ADVERTISING BANNERS, AND
SIMILAR DISPLAYS; AND DECLARING AN EMERGENCY.
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1.No persons shall install seasonal decorations or advertising banners,
or similar displays upon, along or across streets of the city of Woodburn except as
provided in this ordinance.
Section 2.All persons or organizations desiring to temporarily install seasonal
decorations, advertising banners, or similar displays on poles owned by a public utility in
the city of Woodburn upon, along or across the city streets shall file a written request
with the city recorder that the street commissioner of the city of Woodburn install,
maintain and remove or supervise the installation, maintenance and removal of the
decorations, banners or displays.
Section 3.Upon approval of such request by the common council or by a city
officer authorized by the council to approve such requests, the street commissioner
shall install, maintain and remove, or supervise the installation, maintenance and
removal of such decorations, banners and displays in conformity with the requirements
of the owner of any public utility poles and all other buildings, polesor other objects to
which the decorations, banners or displays are attached.
Section 4.The public utility company which owns the poles, and the owners
of all buildings and objects to which such decorations or advertising banners are
attached, shall notbe liable for any damages to persons or property resulting from the
installation, maintenance, and removal thereof by or under the supervision of the street
commissioner of the city of Woodburn.
Section 4A.Civil Infraction Assessment
. A violation of any provision of this
ordinance constitutes a class 4 civil infraction and shall be dealt with according to the
procedures established by Ordinance 1998. \[Section 4A as amended by Ordinance
2008, passed October 24, 1988.\]
Section 5.\[Emergency clause.\]
Passed by the council and approved by the mayor November 18, 1958.
O
N.1015P
RDINANCE OAGE
41
COUNCIL BILL NO. 2944
ORDINANCE NO. 2513
AN ORDINANCE REPEALING ORDINANCE 1015 (RELATING TO STREET
DECORATIONS) AS PART OF THE ORDINANCE REVIEW/REVISION PROJECT INITIATED
BY THE CITY COUNCIL
WHEREAS,
WHEREAS,
WHEREAS,
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1.
Section 2.
42
43
Agenda Item
Intergovernmental Agreement with Marion County
RECOMMENDATION:
BACKGROUND:
DISCUSSION:
FINANCIAL IMPACT:
44
COUNCIL BILL NO. 2945
RESOLUTION NO. 2039
A RESOLUTION RENEWING AN INTERGOVERNMENTAL AGREEMENT WITH MARION
COUNTYFOR THE COORDINATION OF PERMIT ISSUANCE AND INSPECTIONS AND
AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SAID AGREEMENT
WHEREAS,
WHEREAS
WHEREAS
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1.
Section 2.
45
46
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WOODBURNAND
MARION COUNTY FOR THE COORDINATION OF PERMIT ISSUANCE AND
INSPECTIONS REGULATED BY THE STATE OF OREGON BUILDING CODES
This Permit CoordinationIntergovernmental Agreement for coordination of the issuance
of permits and inspections regulated by the State of Oregon Plumbing and Electrical
Codes(“Permit Coordination IGA”) is effective upon the date of the last signature
below, and is by and between the City of Woodburn (“City”)and Marion County
(“County”).
RECITALS:
A.ORS chapter 190 authorizes governmental entities such as County’sand City’sto
enter into written agreements for the performance of any or all functions and activities
that either entity has the authority to perform on its own.
B.The State of Oregon has promulgated uniform state building codes, includingthe
Oregon Electrical Specialty Code and the Oregon Plumbing Specialty Code.
C.Building codes administrationof the plumbing and electrical programs within the City
has been delegated to the Countyby the Oregon Department of Consumer and
Business Services as authorized by ORS 455.148
AGREEMENT:
Now therefore it is mutually agreed to as follows:
(1)Applications and Permits
a)The City agrees that the County will provide plumbing and electrical codes
reviewsand inspections within the incorporated boundaries of the City. It shall
be the responsibility of the County to perform all required plumbing and
electrical codesinspections and plumbing and electricalcodesplan reviews
and other duties as outlined in this Agreement. The City agrees that it will
issue no plumbing or electrical permits nor cause anyplumbing or electrical
inspections to be made that are required by the building codes except through
this Agreement.
b)The Cityagrees to provide theCountywith approved street names and
address assignments.
c) The City shall determine the completeness of an application before accepting.
To beconsidered complete, an application must include that information listed
in the Marion County Policy / Procedure manual for the type of application
being submitted.
(2)Fee Collection and Disbursement.The Cityand Countyagree that fees shall be
paid and distributed according to the following:
a)Fees charged in the Cityand due to the Countyshall be the same as those
charged by the Countyfor work in the unincorporated areas of the County.
Permit Coordination IGA - Woodburn Online Page 1 of 5
47
b)The Countyagrees that the Citywill receivetenpercent (10%)of the adopted
permit fees collected by the City for electricalandplumbing permits, for the
purpose of off-settingthe cost of providing administrative services, and to be
reserved as a sinking fund, to establish, maintain, and appropriately upgrade
necessary equipment for computerized tracking, processing, and record
keeping of all permits. This tenpercent (10%) shall be payable to the Cityfor
those permits processed by the City.
c) The Cityagrees that the Countyshall be paid for said services by remitting to
the County,ninety percent(90%)ofthe adopted permit fees collected by the
Cityon behalf of the Countyfor state building codesadministration.
d)The remaining permit inspection fees, plan review fees, and the state
surcharge feesshallbe forwarded to the County.
e)The County shall be responsible for providing the City, on a monthly basisan
invoicewith detailed and summary reports accounting for all fees collected for
permits and/or permit applications for work within the City. The City shall
submit payment to the County within thirty (30) days.
(3)Termination
The term of this Agreementis indefinite and shall continue until terminated by
either of the parties.
(4)Repeal
All prior agreements between the Cityand the Countyrelating to issuance of
plumbing and electrical permitsare null and void.
(5)Compliance with Statutes and Rules
The Countyand the Cityagree to comply with the provisions of this Agreement
and all applicable federal, state, and local statutes and rules.
(6)Modification of Agreement
Any alterations, variations, modifications or waivers of provisions of this
Agreementshall be valid only when they have been submitted in writing and
approved by the Countyand the City.
(7)Civil Rights, Rehabilitation Act, Americans with Disabilities Act, and Title VI of the
Civil Rights Act.
Both the Cityand Countyagree to comply with the Civil Rights Act of 1964, and
1991, Americans with Disabilities Act of 1990, and Section 504 of the
Rehabilitation Act of 1973, and Title VI as implemented by 45 CFR 80 and 84
which states in part, no qualified person shall on the basis of disability, race, color,
or national origin beexcluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination under any program or activity which
received or benefits from federalfinancial assistance.
(8)Indemnification and Insurance
Permit Coordination IGA - Woodburn Online Page 2 of 5
48
a)The Cityshall agree to defend, indemnify and hold harmless the County, its
officers, agents, and employees from damages arising out of the tortuous acts
of the City, its officers, agents, and employees acting within the scope of their
employment and duties in performance of this Agreementsubject to the
limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through
30.300, and the Oregon Constitution, Article XI, Section 7. Likewise, the
Countyshall agree to defend, indemnify and hold harmless the City, its
officers, agents, and employees from damages arising out of the tortuous acts
of the County, its officers, agents, and employees acting within the scope of
their employment and duties in performance of this Agreementsubject to the
limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through
30.300, and the Oregon Constitution, Article XI, Section 7.
b)The County, pursuant to applicable provisions of ORS 30.260 to 30.300,
maintains a self-insurance program which provides property damage and
personal injury coverage.
c) The Cityshall obtain and maintain at all times during the term of this contract,
workers’ compensation insurance with statutory limits and employers’ liability
insurance. The Cityshall provide the Countywith evidence that it is a carrier-
insured or self-insured employer in full compliance with the requirements of
ORS Chapter 656, or that it employs no person subject to the requirements of
ORS 656, Workers’ Compensation Coverage.
d)The Cityand the Countyagree that there is no relationship under this
Agreementexcept as specified herein. The Countyexercises no control over,
is not responsible for the act of, and assumesno specific responsibilities to or
for officers, employees or agents of the City, or the public in general, except as
specified in this Agreement. The Cityexercises no control over, is not
responsible for the act of, and assumesno specific responsibilities to or for
officers, employees or agents of the County, or the public in general, except as
specified in this Agreement.
(9)Wages
Neither the Citynor the Countyshall employ any person performing work under
this Agreementfor more than ten hours in any one day, or forty (40) hours in any
one week, except in cases of necessity, emergency, or where the public policy
absolutely requires it. The Cityand the Countyshall pay all individuals performing
work for the Cityand the Countyunder this contract, at least time-and-a half pay:
a)For all overtime in excess of eight (8) hours a day or forty (40) hours in any
one week when the work week is five (5) consecutive days, Monday through
Friday; and
b)For all overtime in excess of ten (10) hours a day or forty (40) hours in any one
week when the work week is four (4) consecutive days, Monday through
Friday; and
c) For all work performed on Saturday or Sunday and on any legal holiday
specified in ORS 279.334.
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The Cityand Countymust give notice to employees who work on public contract
in writing, either at the time of hire or before commencement of work on the
contract,or by posting a noticein a location frequented by employees, of the
number of hours per day and days per week that the employees may be required
to work.
If this contract is for personal services as defined in ORS 279.051, the Cityand
Countyshall pay all individuals performing personal services under this contract at
least time-and-a-half for all overtime worked in excess of 40 hours in any one
week, except for individuals who are excluded under ORS 653.010 to 653.261 or
under 29 USC sections 201-209, from receiving overtime.If this contract is for a
public work subject to ORS 279.348 to 279.262 or the Davis-Bacon Act (40USC
276a), the Cityand Countyagree to abide by the provisions of ORS 279.350 or 40
USC 276a, whichever is applicable.
(10)Savings Clause
Should any section orportion thereof of this Agreementbe held unlawful and
unenforceable by any court of competent jurisdiction or upon mutual agreement of
the parties, such decision shall apply only to the specific section or portion thereof,
directly specified in the decision. Upon issuance of such a decision, the parties
agree immediately to negotiate a substitute, if possible, for the invalidated section
or portion thereof.
DATED this _______day of ______________, 20_____.
MARION COUNTYCITY OF WOODBURN
Director of Public WorksDateMayorDate
APPROVED AS TO FORM:City AdministratorDate
APPROVED AS TO FORM:
Marion County ContractsDate
City AttorneyDate
Marion County Legal CounselDate
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APPROVED BY:
CommissionerDate
CommissionerDate
CommissionerDate
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Agenda Item
Planning Commission Approval of Variance VAR 2013-01, Located
at 498 Broadway Street
RECOMMENDATION:
BACKGROUND:
DISCUSSION:
FINANCIAL IMPACT:
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Subject property
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