Loading...
Agenda 3/10/2014 KF,M CW ATHRYN IGLEYAYOR ITY OF OODBURN TAL,CW1 ERESA LONSO EONOUNCILOR ARD LE,CWII ISA LLSWORTHOUNCILOR ARD CCA PMC,CWIII ITYOUNCILGENDA ETER CALLUMOUNCILOR ARD JC,CWIV AMES OXOUNCILOR ARD FL,CWV RANK ONERGANOUNCILOR ARD M10,2014–7:00.. ARCHPM EM,CWVI RIC ORRISOUNCILOR ARD CHCC–270MS ITY ALL OUNCIL HAMBERS ONTGOMERY TREET 1.CALL TO ORDER AND FLAG SALUTE 2.ROLL CALL 3.ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. 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 allows the public to introduce items for Council 7.BUSINESS FROM THE PUBLIC consideration not already scheduled on the agenda. –Items listed on the consent agenda are considered routine 8.CONSENT AGENDA and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980- 6318at least 24 hours prior to this meeting. **Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo. Comuníquese al (503) 980-2485.** March 10, 2014Council Agenda Page i A.Woodburn City Council minutes of February 24, 20141 Recommended Action: Approve the minutes. B.Woodburn City CouncilSpecial Meetingminutes of March 4,4 2014 Recommended Action:Approve the minutes. C.Woodburn City CouncilExecutive Sessionminutes of March 4,5 2014 Recommended Action:Approve the minutes. 9.TABLED BUSINESS None. 10.PUBLIC HEARINGS None. –Members of the public wishing to comment on items of general 11.GENERAL BUSINESS 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.2949-An Ordinance Annexing 1.1 Acre of 6 Property into the City of Woodburn Located at 1225 Brown Street and Redesignating the Annexed Property from Marion County Urban Transition 20 to City of Woodburn Residential Single- Family (RS); and Directing that this be noted on the Official Woodburn Zoning Map Recommended Action:Adopt the annexation Ordinance. B.Council Bill No.2950-An Ordinance Granting a 15 Telecommunications Franchise to Zayo Group to Occupy Certain Rights-Of-Way within the City of Woodburn. Recommended Action:Adopt the proposed ordinance granting a Telecommunications Franchise to Zayo Group, LLC, to occupy certain rights-of-way in the City of Woodburn. – These are 12.PLANNINGCOMMISSION OR ADMINISTRATIVE LAND USE ACTIONS Planning Commission or Administrative Land Use actions that may be called up by the City Council. None. 13.CITY ADMINISTRATOR’S REPORT March 10, 2014Council Agenda Page ii 14.MAYOR AND COUNCIL REPORTS 15.ADJOURNMENT March 10, 2014Council Agenda Page iii COUNCIL MEETING MINUTES FEBRUARY 24, 2014 DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF 0:00 MARION, STATE OF OREGON, FEBRUARY 24, 2014 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 Ellsworth Present Councilor Alonso Leon Present Staff Present: City Administrator Derickson, City Attorney Shields, Interim Public Works Director Scott, Economic and Development Director Hendryx, Finance Director Shearer, Community Services Director Row, Police Captain Garrett,Police Captain Alexander, Human Resources Director Hereford, Communications Coordinator Horton, City Recorder Pierson COMMUNITY/GOVERNMENT ORGANIZATIONS 0:01 A.Chamber of Commerce- Ruby Wolfer with Woodburn Area Tourism announced that the Chambers Distinguished Service Awards dinner will take place on March 14 at Woodburn Health Center. B.Woodburn School District- Chuck Ransom, Woodburn School District Superintendent, announced that the Woodburn School District is participating in a running event called For the Love of Schools which will help raise funds for the school district. Michelle Tonkin, with For the Love of Schools provided more information on the event which will take place on June 1, 2014 in Wilsonville. PROCLAMATIONS/PRESENTATIONS 0:12 A.ODOT-1-5 Interchange Project- Shane Ottosen,Project Manager with Oregon Department of Transportation, provided an update on the I-5 interchange project. B. Legion Park Presentation- Community Services Director Row provided an update on the work being done at Legion Park and future improvements. BUSINESSFROM THE PUBLIC 0:58 Merri Berlin, 167 N. Settlemier provided a handout to the City Council regarding complaints made to code enforcement regarding cars parking in lawns. She stated that she has made these complaints and there have been no results. Ms. Berlin also stated that she would like to know how these issues are handled and if it is possible to get a follow up report. Captain Alexander gave a brief overview of the ordinance violation process. Councilor Cox stated that he feels that the City is being too lenient on people who are violating the City’s ordinances with too much time given between notice of a violation and receiving a citation. Page 1 - Council Meeting Minutes, February 24, 2014 COUNCIL MEETING MINUTES FEBRUARY 24, 2014 Nancy Kirksey, 1049 McKinley St., announced that the Mayor’s breakfast will take place on th March 4 at 7:30 a.m. at the Methodist Church and tickets can be purchased through her or at www.woodburnkiwanis.org. CONSENT AGENDA 1:09 A. Woodburn City Council minutes of January 27, 2014 B. Woodburn City Council Executive Session minutes of January 27, 2014 C. Woodburn Recreation and Park Board minutes of February 11, 2014 D. 2014 OLCC Renewal McCallum/Alonso Leon… adopt the Consent Agenda. The motion passed unanimously. PUBLIC HEARING 1:10 Mayor Figley declared the hearing open at 8:11 p.m. for the purpose of hearing public input on the proposed Annexation of 1225 Brown Street, tax lot 051W18C01000. Mayor Figley and Councilors McCallum, Lonergan and Ellsworth stated that they have all viewed the property. Economic and Community Development Director Hendryx read the quasi-judicial land use hearing statement and then provided a staff report. No members of the public wished to speak in either support or opposition of the proposed Annexation of 1225 Brown Street, tax lot 051W18C01000. Mayor Figley declared the hearing closed at 8:24p.m. Cox/Lonergan… indicate our approval of this application concurring with the Planning Commission’s recommendation and request that staff bring back an ordinance formally annexing this property at its earliest convenience.The motion passed unanimously. COUNCIL BILL NO. 2947 - AN ORDINANCE TEMPORARILY PROHIBITING THE 1:25 LOCATION OF MEDICAL MARIJUANA FACILITIESWITHIN THE CITY OF WOODBURN AND DECLARING AN EMERGENCYMcCallum introduced Council Bill 2947. Recorder Pierson read the two readings of the bill by title only since there were no objections from the Council. Councilor Lonergan stated that he is in favor of this ordinance and believes that the zoning requirements would protect the City’s interests. Councilor McCallum stated that he is in favor of atemporary ban. Councilor Cox stated that he is not in favor of this ordinance and would like to wait and see what the legislature passes. Councilor Morris stated that he is in favor of the ordinance. Councilor Ellsworth believes it is fitting that the Woodburn Development Ordinance addresses this issue on zoning of these facilities. Councilor Alonso Leon stated that she supports the wait and see approach and that waiting for more information to make a decision makes the most sense. On roll call vote for final passage, the bill failed with a vote of 5-1 with Councilor Cox voting no. Mayor Figley announced that a special meeting for the second reading of the Ordinance will need to be held this week. Councilor Cox stated that he has not changed his opinion on the matter but in the interest of efficient governing and avoiding an unnecessary meeting, asked if he could change his vote. City Attorney Shields stated that Councilor Cox could change his vote or choose to abstain from voting. Councilor Cox stated that he would like to withdraw his no vote and abstain from voting. Mayor Figley declared Council Bill No. 2947 duly passed with Councilor Cox abstaining. COUNCIL BILL NO. 2948 -AN ORDINANCE REPEALING ORDINANCE 1762 1:47 (RELATED TO MOBILE HOME PERMITS) AS PART OF THE ORDINANCE Page 2 - Council Meeting Minutes, February 24, 2014 COUNCIL MEETING MINUTES FEBRUARY 24, 2014 REVIEW/REVISION PROJECT INITIATED BY THE CITY COUNCIL McCallum introduced Council Bill 2948. Recorder Pierson read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2948 duly passed. AWARD OF CONSTRUCTION CONTRACT FOR I-5 INTERCHANGE 1:48 WATERLINE RELOCATION –HWY 214, FRONTAGE ROAD TO TUNNEL, BID NO 2014-05Lonergan/McCallum… .the City Council, acting in its capacity as the Local Contract Review Board, award the construction contract for the I-5 Interchange Waterline Relocation –Hwy 214, Frontage Road to Tunnel project to K&E Excavating in the amount of $348,790.00. The motion passed unanimously. FY 2014/15 FINANCIAL PLAN City Administrator Derickson provided a staff report and 1:54 Finance Director Shearer provided information on the financial forecast. Lonergan/Cox… adopt the attached FY 2014/15 Financial Plan (Budget Policies & Fiscal Strategy and 5-Year Financial Forecast). The motion passed unanimously. FIESTA MEXICANA AGREEMENT City Administrator Derickson provided a staff 2:01 report. Ruby Wolfer, Woodburn Area Tourism, provided information on the planning of the Cox/McCallum… 2014 Fiesta Mexicana. authorize the City Administrator to enter into the attached agreement with the Woodburn Area Chamber of Commerce related to the operation of the Fiesta Mexicana. The motion passed unanimously. CITY ADMINISTRATOR’S REPORT 2:10 The City Administrator stated that he has nothing to report. MAYOR AND COUNCIL REPORTS 2:10 Councilor McCallum congratulated the DSA winners. ADJOURNMENT 2:12 McCallum/Morris ….meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:12 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson,City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, February 24, 2014 SPECIAL COUNCIL MEETING MINUTES MARCH 4, 2014 DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF 0:00 MARION, STATE OF OREGON, MARCH 4, 2014 CONVENED The meeting convened at 6:33 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Absent Councilor Lonergan Present Councilor McCallum Present Councilor Morris Absent Councilor Ellsworth Present Councilor Alonso Leon Present Staff Present: City Administrator Derickson, City Attorney Shields, Captain Garrett, City Recorder Pierson EXECUTIVE SESSION 0:05 Mayor Figley entertained a motion to adjourn into executive session under the authority of Lonergan/Ellsworth ORS 192.660 (2)(h) and ORS 192.660 (2)(f). …moveinto executive session. The Council adjourned to executive session at 6:35 p.m. and reconvened at 7:02 p.m. Mayor Figley stated that no action was taken by the Council while in executive session. ADJOURNMENT 0:29 McCallum/Alonso Leon …. meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:02 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson,City Recorder City of Woodburn, Oregon Page 1 - Special Council Meeting Minutes, March 4, 2014 EXECUTIVE SESSION COUNCIL MEETING MINUTES MARCH 4, 2014 DATECONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON,MARCH 4, 2014 CONVENED TheCouncil met in executive session at 6:36 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Absent Councilor Lonergan Present Councilor McCallumPresent Councilor MorrisAbsent Councilor Alonso Leon Present Councilor Ellsworth Present Staff Present: City Administrator Derickson, City Attorney Shields, Captain Garrett, City Recorder Pierson Media Present: Maxine Bernstein, Oregonian Lindsay Keefer,Woodburn Independent Others Present: Karen Vickers, Mersereau Shannon LLP Mark Williamson, CIS City Attorney Shields 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 7:0276 p.m. APPROVED_______________________________ KATHRYN FIGLEY, MAYOR ATTEST_______________________________ Heather Pierson,CityRecorder City of Woodburn, Oregon Page1 – Executive Session, Council Meeting Minutes, March 4, 2014 Agenda Item March 10, 2014 TO:Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Directorof Economic & Development Services SUBJECT: Annexation case ANX 2013-01, located at 1225 Brown Street RECOMMENDATION: Adopt the annexation Ordinance. BACKGROUND: The applicant requested annexation of a 1.1 acre parcel at the corner of Brown Street and Vine Avenue. The Planning Commission conducted a public hearing onJanuary 9, 2014, and forwarded the matter to the Council with a unanimous recommendation of approval. The Council conducted a public hearing onFebruary 24, 2014, received testimony from staff and the applicant, and directed Staff to prepare an Ordinance annexing the subject property. DISCUSSION: None. FINANCIAL IMPACT: This decision is anticipated to have no public sector financial impact. The property can be served with existing public utilities, and improvements to Brown Street will be made by the property owner upon subdivision or partition. System Development Charges, to cover improvements to public water, sewer, storm drain, and park systems,will beassessed when building permits are issued. Agenda Item Review:City Administrator __x____City Attorney ___x___Finance __x___ COUNCIL BILL NO. 2949 ORDINANCE NO. 2516 AN ORDINANCE ANNEXING 1.1 ACRE OF PROPERTY INTO THE CITY OF WOODBURN LOCATED AT 1225 BROWN STREET AND REDESIGNATING THE ANNEXED PROPERTY FROM MARION COUNTY URBAN TRANSITION 20 TO CITY OF WOODBURN RESIDENTIAL SINGLE-FAMILY (RS); AND DIRECTING THAT THIS BE NOTED ON THE OFFICIAL WOODBURN ZONING MAP , the applicant, Simon Molodih,requested annexation of the WHEREAS subject property; and , the Woodburn Comprehensive Plan and Zoning Map have WHEREAS established certain land uses within the City of Woodburn’s Urban Growth Boundary; and , the Woodburn City Council has reviewed the record pertaining WHEREAS to said application and heard all public testimony presented on said application; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: That the subject property is owned by Simon Molodihand is Section 1. legally described in Exhibit “A” which is affixed hereto and by this reference incorporated herein. That the adjacent Brown Street right-of-way is legally described Section 2. in Exhibit “B” which is affixed hereto and by this reference incorporated herein. .That the subject property is depicted on the Exhibit Map for Section 3 Annexation which is affixed hereto as Exhibit “A” and is by this reference incorporated herein. That the adjacent Brown Street right-of-way is depicted on the Section 4. Exhibit Map for Annexation which is affixed hereto as Exhibit “C” and is by this reference incorporated herein. That based upon the Findings in Support, affixed hereto as Section 5. Exhibit “D” and by this reference incorporated herein, both the Subject Property legally described in Exhibit “A” and that portion of Brown Street legally described in Exhibit “B” are hereby annexed to the City of Woodburn. Page 1-Council Bill No. 2949 Ordinance No. 2516 That the annexed Subject Property and portion of Brown Street Section 6. shall be re-designated from Marion County Urban Transition 20 to City of Woodburn Residential Single Family (RS) and so noted on the Official Woodburn Zoning Map. 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: Heather Pierson, City Recorder City of Woodburn, Oregon Page 2-Council Bill No. 2949 Ordinance No. 2516 Exhibit Map for Annexation ANX 2013-01 1225 Brown Street Exhibit “A” Annexation Legal Description for Brown Street That portion of Brown Street adjacent to the East Boundary line of that certain tract of land described in Reel 2932, Page 283, Marion County Deed Records, located in Section 18, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon. ANX 2013-01 1225 Brown Street Exhibit “B” Exhibit Map for Annexation ANX 2013-01 1225 Brown Street Exhibit “C” Findings in Support General Provisions Per Section 5.104, annexations are Type IV decisions. Per Section WDO 4.101.02.D, the City Council is the decision-maker forType IV decisions, after receiving a recommendation from the Planning Commission. The Planning Commission held a public hearing on January 9, 2014 and forwarded the case to the Council with a unanimous recommendation of approval. The City Council Commission held a public hearing on February 24, 2014 and directed Staff to prepare an Ordinance of annexation. WDO 5.104.01 Annexation Section 5.104.01.B requires a pre-application conference with the applicant. The pre- application conference was conducted on October 27, 2013. Section 5.104.01.C.1 requires compliance with applicable Woodburn Comprehensive Plan goals and policies regarding annexation. The goals and policies of the Comprehensive Plan are discussed later in this report. Section 5.104.01.C.2 requiresthat the territory to be annexed be contiguous to the City and either link to planned public facilities with adequate capacity to serve existing and future development of the property, or guarantee that the presentpublic facilities have adequate capacity to serve existing andfuture development of the property. The property immediately bordersthe City limits on two sides. The Public Works Department notes that the existing public facilities have adequate capacity to the property. Section 5.104.01.C.3.a.1 provides the territory to be annexed should be contiguous to the City on two or more sides. The property is contiguous to the City on the north and west sides. Section 5.104.01.C.3.a.2 provides that the annexation should not increase the inventory of buildable land designated on the Comprehensive Plan as Low or Medium Density Residential within the City to more than a five-year supply. The City has not annexed residential land since 2001. The proposed annexation could be subdivided into five or sixsingle-family lots. Building permit records show that 101 permits for single-family dwellings were issued in the years 2009 through 2013. The proposed annexation represents less than a four-month supply of residential land at the rate of building that has occurred in Woodburn in the past five years. Section 5.104.01.C.3.a.3 provides that the annexation should reflect the City’s goals for directing growth by using public facility capacity that has been funded by the City’s capital improvement program. The property abuts the City limits on two sides and would utilize existing streets and utilities. Section 5.104.01.C.3.a.4 provides that the site should be feasible for development and extend the arterial/collector street pattern. The property is adjacent to existing residential development, is essentially flat, and is serviceable by public utilities. Brown Street is designated as a Service Collector in the Transportation System Plan. Additional right-of-way and improvements would be provided upon development of the property. ANX 2013-01 1225 Brown Street Exhibit “D” Findings in Support Section 5.104.01.C.3.a.5 provides that the annexation should fulfill a substantial unmet community need that has been identified by the City Council after a public hearing –such as park space and conservation of significant natural or historic resources. The annexation would address the need for additional residential land within the City.The last annexation of residential land occurred in 2001. Section 5.104.01.D.1 provides that an annexation may be initiated by petition based on the written consent of one hundred percent of the owners and fifty percent of the electors within the territory proposed to be annexed. The annexation petition has been certified to be signed by one hundred percent of the owners. The property is vacant and there are no resident electors. Section 5.104.01.E provides that an annexation shall be designated consistent with the Woodburn Comprehensive Plan, unless an application to re-designate the property is approved as part of the annexation process. The property is designated Low Density Residential on the Comprehensive Plan Map. The petitioner has not requested that either the Comprehensive Plan Map or the Zoning Map be amended. The property is designated Residential Single-Family (RS) upon annexation, in accordance with Section 5.104.01.E. Note: Compliance with Sections2.102 (Single-Family Residential Zone), 3.101 (Street Standards), 3.102 (Utilities and Easements), 3.103 (Setback, Open Space and Lot Standards), 3.104 (Access), 3.105 (Off-Street Parking and Loading), 3.106 (Landscaping), 3.107 (Architectural Design), and 3.108 (Partition and Subdivision Standards) is not germane to the annexation, and will be required when the property is developed. Woodburn Comprehensive Plan The annexation goals and policies of the Comprehensive Plan guide the shape and geographic area of the City within the urban growth boundary, so that the City limits define a compact service area for the City, reflect a cohesive land area that is all contained within the City,and provide the opportunity for growth in keeping with the City’s goals and capacity to serve urban development. OAR 660-014-0070 requires that the annexation comply with all appropriate statewide planning goals, unless the acknowledged comprehensive plan controls the annexation. Woodburn’s Comprehensive Plan controls the requested annexation. Policy G-2.1 requires an assessment of the proposed annexation’s conformance with the City’s plans, facility capacity, and impact on the community. This report and the agency comments provide the required assessment. Policy G-2.2 states that Woodburn will achieve more efficient utilization of land by incorporating all of the territory within the City limits that will be of benefit to the City, providing for the urban infill of vacant and underutilized property, fostering an efficient pattern of urban development in the City, maximizing the use of existing City facilities and services, and balancing the costs of City services among all benefited residents and development. The ANX 2013-01 1225 Brown Street Exhibit “D” Findings in Support property abuts the City limits on two sides and would utilize existing streets and utilities.The proposed annexation maximizes the efficient use of existing City facilities and services, and is similar to infill development of vacant land. Policy G-2.3 states that Woodburn will use annexation as a tool to guide the direction, shape and pattern of urban development, smooth transitions in the physical identity and the development pattern of the community, andpromote the efficient use and extension of City facilities and services. The proposed annexation would utilize existing streets and utilities, and would not require the extension of City facilities and services. OVERALL FINDINGS The proposed annexation meets the requirements of the Woodburn Development Ordinance and the goals and policies of the Comprehensive Plan. ANX 2013-01 1225 Brown Street Exhibit “D” Agenda Item March 10, 2014 TO:Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Directorof Economic & Development Services SUBJECT: Telecommunications Franchise Agreement with Zayo Group, LLC RECOMMENDATION: Adopt the proposed ordinance granting a Telecommunications Franchise to Zayo Group, LLC, to occupy certain rights-of-way in the City of Woodburn. BACKGROUND: In 2001, the City passed a Telecommunications Franchise Ordinance (Ordinance 2284), which establishes a process for considering franchise applications. Zayo Group, LLCapplied for a telecommunications franchise on February 12, 2014to install telecommunications facilities within the City, connecting a tower at Progress Way and Industrial Avenue to facilities in Highway 99E(see Exhibit “A”). Under Federal and state law, cities must evaluate requests for franchises and grant them if certain regulatory requirements are met. Cities may obtain compensation for the use of their rights-of-way, but must do so on a "competitively neutral and non-discriminatory basis". DISCUSSION: The proposed franchise allows Zayo Group, LLCto occupy specified City rights-of-way (see Exhibit A) for five years. The franchise may be automatically renewed for an additional five years under the same terms and conditions. The franchise fee for use of the City’s rights-of-way is seven percent of Zayo Group, LLC’s gross revenues earned within the corporate limits of the City, with a minimum annual fee of one thousand dollars. FINANCIAL IMPACT: Franchise fee revenue to the City is estimated at one thousand dollars annually. Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___ Exhibit “A” COUNCIL BILL NO. 2950 ORDINANCE NO. 2517 AN ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE TO ZAYO GROUP TO OCCUPY CERTAIN RIGHTS-OF-WAY WITHIN THE CITY OF WOODBURN the City regulates the placement of telecommunications WHEREAS, 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 the City received a request fromZayo Group, an Oregon WHEREAS, Corporation, to place telecommunications facilities in certain rights-of-way within the City in order to provide service within the City, which proposed facility locations are shown on the attached Exhibit “A”; and the City has reviewed the request and application filed by Zayo WHEREAS, Groupand 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 Zayo Group, (hereinafter “Grantee”) a telecommunications franchise to locate its facilities within the rights-of-way of the City, as shown on Exhibit “A” anddescribed 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. 2950 Ordinance No. 2517 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. The franchise fee payable to the City shall be Section 3. Franchise Fee. 7% (seven percent) of the Grantee’s gross revenues earned within the corporate limits of the City. Notwithstanding the type of telecommunications services provided, Grantee shall pay a minimum annual franchise fee of $1,000 for the privilege of using the City’s rights-of-way. Franchise fees shall be payable quarterly, on or before April 30, July 31, October 31 and January 31, for the preceding calendar quarter. Payments made more than ten calendar days beyond the due date shall bear interest at the rate of 9% per annum. The City shall have the right to annually audit the Section 4. Audit. books and records of the Grantee to verify compliance with the terms and conditions of this franchise. At the City’s request, the Grantee shall provide the Page 1 –Council Bill No. 2950 Ordinance No. 2517 City’s agents access to the Grantee’s books and records, as necessary, to conduct a thorough audit. The term of this franchise shall be five (5) years. This Section 5. Term. franchise shall be subject to one automatic renewal on the same terms and conditions for an additional period of five (5) 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. To the extent permitted by law, the Grantee Section 6.Indemnification. shall 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 or by a franchise agreement made or entered into pursuant to this Ordinance. The grant of franchise herein is conditioned Section 7. Acceptance. upon Grantee’s acceptance of all terms and conditions hereof in writing in a form acceptable to the City. Approved as to form: City AttorneyDate Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Page 1 –Council Bill No. 2950 Ordinance No. 2517 Filed in the Office of the Recorder ATTEST: Heather Pierson,City Recorder City of Woodburn, Oregon Page 1 –Council Bill No. 2950 Ordinance No. 2517