April 24, 2017 AgendaCITY OF WOODBURN
CITY COUNCIL AGENDA
APRIL 24, 2017 - 7:00 P.M.
KATHRYN FIGLEY, MAYOR
MELINDA VELIZ, COUNCILOR WARD 1
LISA ELLSWORTH, COUNCILOR WARD II
ROBERT CARNEY, COUNCILOR WARD III
SHARON SCHAUB, COUNCILOR WARD IV
FRANK LONERGAN, COUNCILOR WARD V
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:
A. Global Inclusion Advisory Committee
- Robert Carney
- Elida Sifuentez
- Don Judson
- Rafael Vasquez -Lopez
- Maria Gutierrez
- Luis Molina
- Kasi Pankey
- Antonio Anfilofieff
- Elias Villegas
4. COMMUNITY /GOVERNMENT ORGANIZATIONS
None.
5. PROCLAMATIONS /PRESENTATIONS
Proclamations:
A. Mother's Day
Presentations:
None.
6. COMMUNICATIONS
None.
11
E
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503 -980-
6318 at least 24 hours prior to this meeting.
* *Habrd int6rpretes disponibles para aquellas personas que no hablan Ingl6s, previo acuerdo.
Comunfquese al (503) 980 - 2485. **
April 24, 2017 Council Agenda Page i
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 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 April 10, 2017
Recommended Action: Approve the minutes.
3
B. Crime Statistics through March 2017 6
Recommended Action: Receive the report.
C. Building Activity through March 2017 11
Recommended Action: Receive 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. 3029 - A Resolution Providing Designation of an 12
1 -5 Interchange Bridge Overpass Lighting Calendar
Recommended Action: Adopt the attached resolution
establishing an annual 1 -5 Bridge Overpass Lighting Calendar.
B. Council Bill No. 3030 - A Resolution to Extend the Option Period 27
to Acquire Real Property for the Farmworker Housing
Development Corporation (FHDC) and Authorizing the City
Administrator to Sign an Amendment to the Current Option
Contract with FHDC
Recommended Action: Adopt the attached resolution
authorizing the City Administrator to sign a Second Amendment
to the Option to Acquire Real Property Agreement ( "Option
Agreement ") with Farmworker Housing Development
Corporation (FHDC) for the sale of City owned property at 1750
Park Ave.
April 24, 2017 Council Agenda Page ii
C. Special Public Works Fund (SPWF) Technical Assistance Grant- 39
Southwest Industrial Reserve (SWIR) Area Public Facilities Plan
Update
Recommended Action: That the City Council, acting in its
capacity as the Local Contract Review Board, authorize the
City Administrator to enter into a Personal Services Agreement
with Murray, Smith & Associates, Inc. (MSA) to complete the
SWIR Area Public Facilities Plan Update per the scope of work
outlined in said Agreement. Councilorswill recall thatthe SWIR is
part of the proposed Urban Growth Boundary adjustment.
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.
None.
13. CITY ADMINISTRATOR'S REPORT
14. MAYOR AND COUNCIL REPORTS
15. WORKSHOP
A. Economic Development and Business Incentives Workshop
• Topic Introduction /Staff Report
• Council Discussion
• Public Comment on Topic
• Close Workshop
16. ADJOURNMENT
April 24, 2017 Council Agenda Page iii
OFF I Iii ♦ r�}
B V'
April 19, 2017
TO: City Council
FROM: Frank Lonergan, Council President
SUBJECT: Committee Reappointments
The following reappointments are made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, April 24, 2017. No reply is required if you approve of my decision.
Global Inclusion Advisory Committee
Robert Carney
Elida Sifuentez
Don Judson
Rafael Vasquez -Lopez
Maria Gutierrez
Luis Molina
Kasi Pankey
Antonio Anfilofieff
Elias Villegas
1
PROCLAMATION
CELEBRATION OF MOTHERS AND FAMILIES
FOR THE MONTH OF MAY
WHEREAS, since 1870 when Julia Ward Howe wrote "Arise then women of this day"
mothers have been dedicated a single day in May for their commitment and sacrifice for their
families; and
WHEREAS, we come together to proclaim that for the mothers who have raised,
supported, sacrificed and loved us unconditionally we dedicate the entire month of May to you
and to family; and
WHEREAS, the City of Woodburn is honoring Mothers and Families for the month of
May; and
WHEREAS, the City will host events and festivities to honor Mothers and Families; and
WHEREAS, all citizens of Woodburn are invited to join together in the Plaza Downtown
on May 13 ", 2017 to celebrate Mother's and all they have provided for their families.
NOW, THEREFORE, I, COUNCIL PRESIDENT FRANK LONERGAN, do hereby
proclaim the month of May 2017 be dedicated for the "CELEBRATION OF MOTHERS AND
FAMILIES" in 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 191' day of April 2017.
Frank Lonergan, Council President
City of Woodburn
2
COUNCIL MEETING MINUTES
APRIL 10, 2017
0:00 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, APRIL 10, 2017
CONVENED The meeting convened at 7:01 p.m. with Council President Lonergan
presiding.
ROLL CALL
Mayor Figley
Absent
Councilor Carney
Present
Councilor Lonergan
Present
Councilor Schaub
Present
Councilor Morris
Present
Councilor Ellsworth
Present
Councilor Veliz
Absent
Staff Present: City Administrator Derickson, Assistant City Administrator Row, Police Chief
Ferraris, Interim Public Works Director Liljequist, Economic Development Director Johnk,
Assistant City Attorney Granum, Finance Director Montoya, Community Relations Manager
Gutierrez- Gomez, Communications Coordinator Horton, City Recorder Pierson
0:00 APPOINTMENT
Ellsworth /Morris... appoint Sharon Schaub, Nancy Kirksey and Giselle Lopez -Ixta to the
Global Inclusion Advisory Committee. The motion passed unanimously.
0:01 PROCLAMATIONS
A. Child Abuse Prevention Month — Council President Lonergan read a proclamation
declaring April Child Abuse Prevention Month. Alison Kelley, CEO of Liberty House
thanked the City Council for the proclamation and Chief Ferraris for his leadership and
support.
B. Public Safety Telecommunicators Week - Council President Lonergan read a proclamation
declaring April 9 -15, 2017, Public Safety Telecommunicators Week.
0:06 PRESENTATIONS
Economic Development Director Johnk and Stuart Rodgers, Woodburn Area Chamber of
Commerce Executive Director, provided an update on the implementation of the Tourism
Development Plan.
0:26 CONSENT AGENDA
A. Woodburn City Council minutes of March 13, 2017,
B. Woodburn City Council Work Session minutes of March 13, 2017,
C. Liquor License Application for El Rodeo Bar & Grill,
D. Liquor License /Change of Ownership Application for C &M Market.
Schaub /Ellsworth... adopt the Consent Agenda. The motion passed unanimously.
0:27 MUNICIPAL JUDGE PRO TEM APPOINTMENT
Carney /Schaub... approve Judge Winehouse's appointment of Amy B. Lindgren as
Municipal Judge Pro Tem. The motion passed unanimously.
Page 1 - Council Meeting Minutes, April 10, 2017
I
COUNCIL MEETING MINUTES
APRIL 10, 2017
0:28 CITY ADMINISTRATOR'S REPORT
The City Administrator stated that three people were appointed to the Global Inclusion
Advisory Committee tonight and once the Mayor gets back they will be scheduling a meeting
to work on the inclusion statement.
0:29 MAYOR AND COUNCIL REPORTS
Councilor Ellsworth announced that there is a lot going on at the Tulip Festival right now.
Councilor Schaub stated that due to another appointment she missed Senator Merkley's town
hall meeting at Woodburn High School but heard that there was a good turnout.
Councilor Morris stated that he would like full time politicians to remember that a lot of people
are unable to attend their town halls when they take place in the middle of the day. He thanked
City Staff for closing the parks during the wind storm.
Councilor Lonergan stated that he appreciated knowing early that the parks were closing
during the windstorm. Councilor Lonergan asked if the City had any serious issues from the
storm. City Administrator Derickson answered that there were a few issues including 911
communications being knocked down and added that an after action report will be created to
help prevent that from happening again. He added that there were power lines down, and some
property damage but he is not aware of any injuries.
0:35 WORKSHOP
Councilor Lonergan opened the workshop at 7:36 p.m. to review and discuss First Street
Improvements - Oak Street to Harrison Street. City Administrator Derickson noted that though
this is an Urban Renewal project since there is no action being taken the workshop is taking
place during the City Council meeting. Interim Public Works Director Liljequist provided a
staff report and a presentation with an overview of the First Street Improvements - Oak Street
to Harrison Street. Council members asked questions and provided comments and direction
regarding the improvement options. City Administrator Derickson summarized that what he
is hearing from the Council is that everyone agrees on abandoning the one way street concept
and undergrounding of utility lines and to contact PGE on making the wires look better.
Councilor Carney stated that he prefers angled parking with the Couplet. Councilor Lonergan
stated that he prefers parallel parking. Councilor Morris stated that he doesn't think people
will like the couplet and that not undergrounding utilities is going to be an issue. Councilor
Lonergan recommended another workshop on this and that options two and three should be
brought back to be discussed again. He added that he feels there is agreement to put the
undergrounding of utilities to bed. City Administrator Derickson stated that they will bring
this back for additional review and discussion sometime this summer. Councilor Lonergan
closed the workshop at 8:39 p.m.
1:38 ADJOURNMENT
Morris /Schaub... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:39 p.m.
Page 2 - Council Meeting Minutes, April 10, 2017
N
ATTEST
COUNCIL MEETING MINUTES
APRIL 10, 2017
Heather Pierson, City Recorder
City of Woodburn, Oregon
APPROVED
KATHRYN FIGLEY, MAYOR
Page 3 - Council Meeting Minutes, April 10, 2017
I
4/17/2017 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
2017 Year to Date
CHARGE DESCRIPTION
Jan
Feb
Mar
Total
AGGRAVATED ASSAULT
2
4
1
7
ANIMAL CRUELTY
0
1
0
1
ANIMAL ORDINANCES
0
0
1
1
ASSAULT SIMPLE
10
5
13
28
BURGLARY - BUSINESS
0
1
2
3
BURGLARY - OTHER STRUCTURE
0
1
1
2
BURGLARY - RESIDENCE
0
5
3
8
CHILD NEGLECT
0
1
1
2
CRIME DAMAGE -NO VANDALISM OR ARSON
3
5
6
1
CURFEW
0
0
1
1
CUSTODY - MENTAL
0
5
3
8
DISORDERLY CONDUCT
9
7
4
20
DRIVING UNDER INFLUENCE
7
2
9
18
DRUG LAW VIOLATIONS
10
12
16
38
DWS /REVOKED- MISDEMEANOR
1
2
0
3
ELUDE
2
4
1
7
ESCAPE FROM YOUR CUSTODY
2
0
0
2
FAIL TO DISPLAY OPERATORS LICENSE
0
1
2
3
FORCIBLE RAPE
0
0
1
1
FRAUD - CREDIT CARD /AUTOMATIC TELLER MACHINE
1
0
1
2
FRAUD - OF SERVICES /FALSE PRETENSES
0
2
0
2
FUGITIVE ARREST FOR ANOTHER AGENCY
35
26
39
100
GARBAGE LITTERING
1
0
0
1
HIT AND RUN - MISDEMEANOR
1
2
4
7
IDENTITY THEFT
1
0
0
1
INTIMIDATION /OTHER CRIMINAL THREAT
2
6
3
11
MINOR IN POSSESSION
1
5
0
6
MOTOR VEHICLE THEFT
2
1
3
6
OTHER
6
5
7
18
RECKLESS DRIVING
2
1
5
8
RECKLESSLY ENDANDERING
2
2
3
7
RESTRAINING ORDER VIOLATION
0
1
1
2
ROBBERY - BUSINESS
4
0
0
ROBBERY - RESIDENCE
0
0
1
1
RUNAWAY
1
0
1
2
EX CRIME - FORCIBLE SODOMY
0
0
1
1
EX CRIME - INCEST
0
0
3
3
EX CRIME - MOLEST (PHYSICAL)
1
0
1
2
EX CRIME - NON -FORCE RAPE
0
0
1
1
EX CRIME - SEXUAL ASSAULT WITH AN OBJECT
0
0
1
1
TALKER
0
0
1
1
TOLEN PROPERTY - RECEIVING,BUYING,POSSESSING
4
0
0
HEFT - BUILDING
0
2
3
HEFT - FROM MOTOR VEHICLE
1
0
2
3
HEFT-OTHER
2
2
3
7
HEFT - PURSE SNATCH
3
2
0
HEFT - SHOPLIFT
11
2
4
17
RAFFIC VIOLATIONS
4
7
12
23
RESPASS
6
2
8
16
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE
0
4
1
VANDALISM
0
5
1
6
VEHICLE RECOVERD FOR OTHER AGENCY
0
2
1
3
WEAPON - CARRY CONCEALED
0
0
2
2
WEAPON - EX FELON IN POSSESSION
2
0
2
Page 1 of 2
4/17/2017 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
2017 Year to Date
Jan IFeb IMar ITotall
EAPON - POSSESS ILLEGAL
2
7
1
10
EAPON - SHOOTING IN PROHIBITED AREA
2
0
0
2
ILLFUL MURDER
1
0
0
1
600
500
400
N
;
G1 300
Q
200
100
0
Page 2 of 2
Arrests / Year
2015 2016 2017
Year
7
Jan I
Feb
Mar
Total
2017 Total
1441
1421
1811
467
2016 Total
1401
1081
141
392
2015 Total
2061
1571
155
518
600
500
400
N
;
G1 300
Q
200
100
0
Page 2 of 2
Arrests / Year
2015 2016 2017
Year
7
4/17/2017 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
2017 Year to Date
CHARGE DESCRIPTION
Jan
Feb
Mar
Total
AGGRAVATED ASSAULT
3
5
1
9
ANIMAL CRUELTY
0
1
0
1
ANIMAL ORDINANCES
1
0
1
2
ARSON
0
0
1
1
ASSAULT SIMPLE
16
8
16
40
BURGLARY - BUSINESS
5
2
7
1
BURGLARY - OTHER STRUCTURE
2
5
4
11
BURGLARY - RESIDENCE
4
5
5
1
CHILD NEGLECT
1
1
1
3
CITY ORDINANCE
0
1
0
1
CRIME DAMAGE -NO VANDALISM OR ARSON
20
14
23
57
CRIMINAL MISTREATMENT
0
2
2
CURFEW
0
0
1
1
CUSTODY - MENTAL
1
6
3
10
DISORDERLY CONDUCT
7
8
10
2
DRIVING UNDER INFLUENCE
7
2
9
18
DRUG LAW VIOLATIONS
11
14
16
41
DWS /REVOKED - FELONY
1
0
0
1
DWS /REVOKED - MISDEMEANOR
1
2
0
3
ELUDE
4
7
1
12
ESCAPE FROM YOUR CUSTODY
1
0
0
1
FAIL TO DISPLAY OPERATORS LICENSE
0
1
2
3
FAILURE TO REGISTER AS SEX OFFENDER
0
1
0
1
FORCIBLE RAPE
1
0
2
3
FORGERY /COUNTERFEITING
6
4
7
17
FRAUD - ACCOUNT CLOSED CHECK
2
0
0
2
FRAUD - BY DECEPTION /FALSE PRETENSES
3
3
3
9
FRAUD - CREDIT CARD /AUTOMATIC TELLER MACHINE
1
4
3
8
FRAUD - OF SERVICES /FALSE PRETENSES
1
3
0
FUGITIVE ARREST FOR ANOTHER AGENCY
30
22
31
83
GARBAGE LITTERING
1
0
0
1
HIT AND RUN FELONY
1
1
0
2
HIT AND RUN - MISDEMEANOR
17
10
16
43
IDENTITY THEFT
5
6
4
1
INTIMIDATION /OTHER CRIMINAL THREAT
4
8
6
18
MINOR IN POSSESSION
1
4
0
MISCELLANEOUS
12
11
10
33
MOTOR VEHICLE THEFT
18
12
15
4
NON CRIMINAL DOMESTIC DISTURBANCE
16
10
12
38
OTHER
8
5
7
20
PROPERTY - FOUND LOST MISLAID
1
1
1
3
PROPERTY RECOVER FOR OTHER AGENCY
1
1
01
2
RECKLESS DRIVING
2
2
6
10
RESTRAINING ORDER VIOLATION
0
2
5
7
ROBBERY - BUSINESS
5
0
1
6
ROBBERY -OTHER
1
1
1
3
ROBBERY - RESIDENCE
0
1
0
1
RUNAWAY
0
5
4
9
SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY
1
0
0
1
SEX CRIME - FORCIBLE SODOMY
1
0
2
3
SEX CRIME - INCEST
0
0
2
2
SEX CRIME - MOLEST (PHYSICAL)
2
2
5
9
SEX CRIME - NON -FORCE RAPE
1
0
0
1
SEX CRIME - OBSCENE PHONE CALL
1
0
0
1
SEX CRIME - OTHER
0
1
1
2
SEX CRIME - PORNOGRAPHY /OBSCENE MATERIAL
1
0
0
1
SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT
0
1
1
2
Page 1 of 2
4/17/2017 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
2017 Year to Date
1200
1000
N 900
W
W 900
LL
LL
0 400
200
2016 Total 1 3001 2511 317 868
2015 Total 1 3571 2701 271 898
Offenses / Year
2015 2016 2017
YEAR
Page 2 of 2 9
Jan
Feb
Mar
Total
STALKER
0
0
2
2
STOLEN PROPERTY - RECEIVING,BUYING,POSSESSING
4
2
0
6
SUICIDE
0
1
0
1
HEFT - BICYCLE
0
2
2
HEFT - BUILDING
6
9
7
22
HEFT - COIN OP MACHINE
1
0
0
1
HEFT - FROM MOTOR VEHICLE
9
7
16
32
HEFT - MOTOR VEHICLE PARTS /ACCESSORIES
0
1
0
1
HEFT - OTHER
20
13
8
41
HEFT - PICKPOCKET
1
0
0
1
HEFT - PURSE SNATCH
0
1
2
3
HEFT - SHOPLIFT
22
9
10
41
TRAFFIC VIOLATIONS
10
11
27
48
TRESPASS
6
4
7
17
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE
4
2
6
12
UNLAWFULLY BEING WHERE MINORS CONGREGATE
0
2
0
2
VANDALISM
24
56
32
112
VEHICLE RECOVERD FOR OTHER AGENCY
3
3
5
11
WEAPON - CARRY CONCEALED
0
0
2
2
WEAPON - EX FELON IN POSSESSION
1
0
2
3
WEAPON - POSSESS ILLEGAL
3
6
1
10
WEAPON - SHOOTING IN PROHIBITED AREA
1
1
0
2
WILLFUL MURDER
1
0
0
1
Jan
Feb
Mar
Total
2017 Total
1 3451
33q
377
1,057
1200
1000
N 900
W
W 900
LL
LL
0 400
200
2016 Total 1 3001 2511 317 868
2015 Total 1 3571 2701 271 898
Offenses / Year
2015 2016 2017
YEAR
Page 2 of 2 9
Woodburn Police Department
ORDINANCE VIOLATIONS
2017 Year to Date
4/17/2017
Ordinance Discription
Jan
Feb
Mar
Total
Animal Complaint
29
22
24
75
Ordiinance - Abate /Nuisances
0
0
1
1
Ordinance - Abandoned Vehicles
18
18
29
65
Ordinance - Abate Graffiti
13
26
15
54
Ordinance - Land Use Violations
0
0
3
3
Ordinance - Oth Violation
34
60
104
198
2017 Total
94
126
176
396
400
350
300
Z 250
O_
~ 200
3
O
150
100
50
0
450
400
350
N 300
Z
O 250
F
Q
� 200
O_
150
100
50
0
2016 Total
122
159
131
412
2015 Total
125
125
149
399
Ordinance Violations / Code Enforcement Officers
2015 2016 2017
COMBINED TOTAL - CODE ENFORCEMENT OFFICERS
Ordinance Violations / Year
2015 2016 2017
YEAR TOTALS FOR ALL OFFICERS
1
10
MW
Economic and Development Services Department
MEMORANDUM
270 Montgomery Street Woodburn, Oregon 97071 (503) 982 -5246
Date: April 6, 2017
To: Chris Kerr, Community Development Department Director
From: Building Division
Subject: Building Activity for March 2017
I: \Community Development \Building \Building Activity \BldgAct - 2017 \Bldg Activity - Memos \memo - 2017 -3 March.doc
11
DBU
April 24, 2017
TO: Honorable Mayor and City Council
FROM: Eric Liljequist, Interim Public Works Director
SUBJECT: 1 -5 Bridge Overpass Lighting Calendar
RECOMMENDATION:
Adopt the attached resolution establishing an annual 1 -5 Bridge Overpass Lighting
Calendar.
BACKGROUND:
The City Council approved the 1 -5 bridge overpass lighting system that was
implemented as part of the 1 -5 Gateway Design Package to enhance the aesthetics
of the new bridge. The lighting patterns and colors are an integral part of the
overpass lighting system.
DISCUSSION:
The establishment of a yearly lighting scheme calendar, which includes regularly
occurring events and holidays and their corresponding lighting configurations, is
necessary to effectively implement desired lighting patterns on a consistent basis. The
overpass lighting calendar will replicate each succeeding year, although the actual
calendar dates may change from year to year for specified holidays and events.
It is anticipated that the City will occasionally receive requests to display specific color
schemes in recognition of events /causes not included in the attached calendar.
Requests received in that manner will be evaluated and approved by the Mayor.
FINANCIAL IMPACT:
There is no financial impact related to this resolution.
Agenda Item Review: City Administrator _x_
12
City Attorney _x_ Finance —X-
COUNCIL BILL NO. 3029
RESOLUTION NO. 2091
A RESOLUTION PROVIDING DESIGNATION OF AN 1 -5 INTERCHANGE BRIDGE
OVERPASS LIGHTING CALENDAR
WHEREAS, City of Woodburn Council approved the 1 -5 bridge overpass
lighting system that was implemented as part of the 1 -5 Gateway Design Package
to enhance the aesthetics of the new bridge; and
WHEREAS, the lighting patterns and colors are an integral part of the
overpass lighting; and
WHEREAS, an approved and designated calendar of the different lighting
schemes for specified time periods, including recognition of certain events and
holidays would allow effective implementation of the approved overpass lighting
configurations; and
WHEREAS, additional overpass lighting requests for dates not otherwise
specified could be approved by the Mayor; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City Council adopts the attached 1 -5 Bridge Overpass
Lighting Calendar.
Section 2. Additional overpass lighting requests for dates not otherwise
specified may be evaluated and approved by the Mayor.
Approved as to Form:
City Attorney Date
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
Page 1 - COUNCIL BILL NO. 3029
RESOLUTION NO. 2091
13
Kathryn Figley, Mayor
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 3029
RESOLUTION NO. 2091
14
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a 1, d f;' ! 7
April 24, 2017
TO: Honorable Mayor and City Council
FROM: Jim Row, Assistant City Administrator
SUBJECT: Second Amendment to Option Agreement with FHDC to Purchase
and Develop City Owned Property Located at 1750 Park Ave
RECOMMENDATION:
Adopt the attached resolution authorizing the City Administrator to sign a Second
Amendment to the Option to Acquire Real Property Agreement ( "Option
Agreement ") with Farmworker Housing Development Corporation (FHDC) for the
sale of City owned property at 1750 Park Ave.
BACKGROUND:
On November 9, 2015, the City Council authorized the City Administrator to enter
into an Option Agreement with FHDC for the sale of City owned property at 1750
Park Ave.
The terms of the agreement included a purchase price of $350,000 provided the
City, at its own expense, abandon the existing, unused well and remove the
associated equipment. This work is estimated to cost $17,000. FHDC agreed to
accept financial responsibility for the Phase II Environmental Site Analysis,
environmental remediation, and removal of existing structures.
The Option Agreement provided FHDC with the ability to conduct the Phase II
environmental analysis and begin the process of applying for project financing.
Under the terms of the original Option Agreement, FHDC had until August 31,
2016 to sign the Purchase and Sale Agreement. At FHDC's request, the Option
Agreement was amended in August 2016 to extend the option expiration to April
30, 2017 to allow additional time for FHDC to secure project financing from the
state.
DISCUSSION:
In September 2016, FHDC applied to Oregon Housing and Community Services
(OCHS) to request funding for the project. While not initially approved, OCHS
Agenda Item Review: City Administrator _x City Attorney _x Finance —x-
27
Honorable Mayor and City Council
April 24, 2017
Page 2
conducted a subsequent review and awarded FHDC with project financing on
April 7, 2017. Following the funding announcement, FHDC submitted a request to
the City that the Option Agreement be amended to provide additional time for
them to complete the project.
The Amendment before the City Council will extend the option expiration to
November 30, 2017 and will extend the financing contingency through
December 31, 2017. FHDC is requesting the extensions to provide enough time to
complete the federally required National Environmental Policy Act (NEPA) review
process.
Pursuant to the terms of the Option Agreement, should FHDC elect not to
exercise its option to purchase the subject property, the City will agree to
reimburse FHDC for the cost of performing the Phase II ESA. If that occurs, the
City will accept ownership of the report, which it may utilize to initiate its own
environmental remediation efforts.
TIMELINE OF ACTIVITIES:
FHDC provided the City with the following anticipated timeline of activities
related to the purchase process.
Date
Activity
April 7, 2017
State Approved FHDC Funding Package
April 24, 2017
City Council Approves Second Amendment
to Option Agreement
April 7- October 31, 2017
NEPA Environmental Review Process
October 31, 2017
FHDC to Exercise Option Agreement
November 31, 2017
FHDC to Release Financing Contingency
December 1, 2017 - March 31,
2018
City to Abandon Well/ Remove Equipment
December 1, 2017 - March 31,
2018
FHDC to Remediate Identified
Environmental Hazards
March 11 2018
FHDC to Release Site Prep Contingency
March 1, 2018
Close on purchase of property
March 2018
Construction Begins
March 2019
Construction Completed
28
Honorable Mayor and City Council
April 24, 2017
Page 3
FINANCIAL IMPACT:
The net proceeds from the sale of the subject property pursuant to the terms
offered by FHDC will be $350,000. The City will incur approximately $17,000 in
expenses to abandon the well and remove the equipment.
Attachment A Second Amendment to Option to Acquire Real Property
Attachment B April 14, 2017 Memorandum from FHDC
29
COUNCIL BILL NO. 3030
RESOLUTION NO. 2092
A RESOLUTION TO EXTEND THE OPTION PERIOD TO ACQUIRE REAL PROPERTY FOR
THE FARMWORKER HOUSING DEVELOPMENT CORPORATION (FHDC) AND
AUTHORIZING THE CITY ADMINISTRATOR TO SIGN AN AMENDMENT TO THE
CURRENT OPTION CONTRACT WITH FHDC
WHEREAS, on October 26, 2015, the City Council received an offer from
FHDC to purchase City -owned surplus real property located at 1750 Park Ave.
(the "Property "); and
WHEREAS, on November 9, 2015, the City Council voted and unanimously
passed Council Bill No. 2991, to sell the Property to FHDC and allow the City
Administrator to sign an option to acquire real property with FHDC; and
WHEREAS, on November 10, 2015, the City and FHDC entered into an
Option to Acquire Real Property Agreement ( "Option Agreement "), whereby
granting FHDC the exclusive option to acquire the Property upon the terms and
conditions set forth in the Purchase Agreement; and
WHEREAS, on August 16, 2016, the City and FHDC entered into a First
Amendment to the Option Agreement, thereby extending the option expiration
to April 30, 2017 and the financing contingency to July 31, 2017; and
WHEREAS, since entering into the Option Agreement, FHDC has
conducted a preliminary environmental review of the Property and was
awarded funding to develop the property; and
WHEREAS, due to a delay in receiving the funding award, FHDC requires
additional time beyond that provided in the First Amendment to the Option
Agreement to complete the federally required National Environmental Policy
Act (NEPA) review process; and
WEHREAS, the City Council finds it still in the best interest of the City to
maintain the Option Agreement with FHDC and allow FHDC the necessary
additional time it needs to complete the NEPA review process; NOW THEREFORE,
THE CITY OF WOODBURN HEREBY RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into the Second Amendment
to Option to Acquire Real Property, a copy of which is affixed hereto as
Page 1 - COUNCIL BILL NO. 3030
RESOLUTION NO. 2092
fil
Attachment "A" and by this reference incorporated herein, with FHDC for the
sale of City owned surplus real property located at 1750 Park Ave.
Section 2. That the City Administrator is authorized to sign said
amendment on behalf of the City.
Approved as to form:
City Attorney Date
Approved:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Kathryn Figley, Mayor
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 3030
RESOLUTION NO. 2092
31
Attachment A
Paget of 3
Second Amendment to Option to Acquire Real Property
THIS Second Amendment to Option to Acquire Real Property ( "Second Amendment ") is
made and entered into as of this day of , 2017, by and between the City
of Woodburn, an Oregon municipal corporation (the "City ") and the Farmworker Housing
Development Corporation, an Oregon nonprofit corporation ( "FHDC ").
WHEREAS, the City and FHDC previously entered into that certain Option to Acquire
Real Property dated November 10, 2015 ( "Option Agreement "), whereby the City granted FHDC
the exclusive option to acquire Property upon the terms and conditions set forth in the Purchase
Agreement (attached as Exhibit B);
WHEREAS, the City and FHDC subsequently entered into that certain First Amendment
to the Option Agreement dated August 17, 2016, whereby the City and FHDC amended the Option
Agreement to extend the Option Term to April 30, 2017, and allow additional time for FHDC to
secure project financing under the attached Purchase Agreement;
WHEREAS, the City and FHDC desire to amend the amended Option Agreement to further
extend the end of the Option Term to November 30, 2017, and the Financing Contingency Period
(as defined in the attached Purchase Agreement) to December 31, 2017;
WHEREAS, all terms not otherwise defined herein shall have the meaning assigned to
them in the amended Option Agreement; and
NOW, THEREFORE, the parties agree to amend the amended Option Agreement as
follows:
SECOND AMENDMENT
1. The first sentence of Section 2 of the amended Option Agreement is hereby deleted in its
entirety and replaced with the following:
FHDC may exercise its option hereunder by executing and delivering to the City
on or before 5:00pm, November 30, 2017, the amended Purchase Agreement.
2. The first sentence of Section 6.a. of the amended Purchase Agreement, attached as Exhibit
B to the amended Option Agreement, is hereby deleted in its entirety and replaced with the
following:
Purchaser shall have until December 31, 2017 (the "Financing Contingency
Period ") to secure financing commitments satisfactory to Purchaser in its sole and
absolute discretion (the "Financing Contingency ").
SECOND AMENDMENT
FHDC OPTION TO ACQUIRE REAL PROPERTY
32
Page 1 of 3
Attachment A
Page 2 of 3
3. Except as amended by this Second Amendment, all other terms and conditions of the
amended Option Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the
day and date first referenced above.
The City of Woodburn, Oregon
an Oregon municipal corporation
Date
By
Its
STATE OF OREGON )
) ss.
COUNTY OF MARION )
I certify that I know or have satisfactory evidence that is the
person who appeared before me and said person acknowledged that he /she signed this instrument,
on oath stated that he /she was authorized to execute the instrument and acknowledged it as the
of City of Woodburn to be the free and voluntary act of such party for
the uses and purposes mentioned in the instrument.
DATED:
SECOND AMENDMENT
FHDC OPTION TO ACQUIRE REAL PROPERTY
33
(Print Name)
Notary Public
My appointment expires:
Page 2 of 3
Signature Page to Second Amendment
Farmworker Housing Development Corporation
an Oregon nonprofit corporation
Date
By
Its
STATE OF OREGON )
) ss.
COUNTY OF MARION )
Attachment A
Page 3 of 3
I certify that I know or have satisfactory evidence that is the person
who appeared before me and said person acknowledged that he /she signed this instrument, on oath
stated that he /she was authorized to execute the instrument and acknowledged it as the
of the Farmworker Housing Development Corporation to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED:
SECOND AMENDMENT
FHDC OPTION TO ACQUIRE REAL PROPERTY
M
(Print Name)
Notary Public
My appointment expires:
Page 3 of 3
4 \r \_
7
Attachment B
Farmworker Housing Development Corporation
Cor poraci6n de Desari,ollo de vivienda Campesii7a www. flidc. orb
MEMORANDUM
To: Jim Row
Assistant City Administrator
City of Woodburn
From: Maria (Meg) Guerra
Executive Director
Farmworker Housing Development Corporation
Cc: Housing Development Center
Mark Wilk, FHDC Board Member
Scott Derickson, City Administrator
Date: April 14, 2017
Re: Park Avenue Site — Option Agreement
Farmworker Housing Development Corporation (FHDC) is writing this memorandum to
provide an update to the City of Woodburn on FHDC's planned Park Avenue Apartments
and Esperanza Court project. This memorandum both updates you on our progress in
securing finding for the project, and formally requests an extension to the FHDC's Option
Agreement for the Park Avenue site located at 1750 Park Avenue through November 30,
2017.
Project Update
In September 2016, FHDC applied to Oregon Housing and Community Services (OHCS) to
request fiends to rehabilitate Esperanza Court (12 units) and to build Park Avenue
Apartments, a 44 -unit complex, to be located on the 1750 Park Avenue site, together
referred to as the Project. The Park Avenue site is currently owned by the City of
Woodburn (City), and FHDC has an Option Agreement with the City for the site through
April 30, 2017.
We are pleased to report that while the project was not initially funded in the fall of 2016, on
Friday, April 7, the OHCS Housing Stability Council voted unanimously to award finding for
the Project. OHCS's funding award includes a combination of financing sources from OHCS,
totaling almost $10,986,168. These funds include:
• Low Income Housing Tax Credits
• HOME (federal source managed by OHCS for HUD)
• OHCS Weatherization funds
1274 Fifth Street 1 -A Woodburn, OR 97071 -- (503) 981 -1618 (503) 981 -3662 Fax — (503) 981 -1819 TDDITTY
An EQUAL HOUSING OPPORTUNITY Organization
35
Attachment B
With these funds in place, FHDC is moving forward on the project, although we continue
to work with OHCS to close a fitnding gap impacting projects across the state, including
outs, caused by potential changes in the federal tax code. We will describe this later in
this memorandum.
Because FHDC was not awarded funding as hoped for in Fall 2016, our project timeline
has been delayed by more than six months, and we need to request an extension both on
our option period, and also, on the Financing Contingency Period contained in the
Purchase Agreement as follows:
• Option Agreement Request: FHDC is requesting an amendment to the
existing Option Agreement to extend the Option Term through November
30, 2017
• Financing Continaency Period: FHDC is requesting an amendment to the
Purchase and Sale Agreement to extend the Financing Contingency through
December 31, 2017.
These dates are primarily driven by OHCS funding requirements. Specifically, the Option
Period extension request is driven by a requirement for a HUD Environmental Review
referred to as a NEPA:
Environmental Review — National Environmental Polio Act EPA
The NEPA environmental review process is required for all HUD - assisted
projects, including those with a HOME award to ensure that the proposed project
does not negatively impact the surrounding environment and that the property site
itself will not have an adverse environmental or health effect on end users. This
goes beyond what is often involved in a Phase One report and will take into
consideration our planned remediation of the site. OHCS will complete the NEPA
process for HUD, but until the NEPA clearance is provided, FHDC cannot
obligate significant financing or taking any action on the project site, including
site acquisition, without losing our HUD (HOME and Section 8) fimding. Thus,
FHDC can't exercise the Option Agreement to purchase the land until OHCS
receives a the NEPA clearance from HUD. OHCS has said to allow six months
for their review, starting now.
The Financing Contingency period in the Purchase and Sale Agreement is the period
during which FHDC finishes assembling its financing. Usually, once we have these
awards from OHCS, the rest of the financing work is just due diligence and time.
However, recent discussions in the new Federal Administration related to expected
corporate tax reform have drastically impacted the Low - Income Housing Tax Credit
market (our project's primary funding source), and the value of those credits has fallen by
about 15% since November, creating a gap in FHDC's project (about $1.8 million) and
on projects across the country. This impacts all projects which are still in the early stage
of development.
rl
Attachment B
OHCS is striving to fill the gap for tax credit allocates, through an additional infiision of
tax credits or other sources, and has held back one -half of the 2017 LIHTC credits to fill
these gaps. OHCS has established a process to review and re- allocate funding to fill
project shortfalls. OHCS is requesting all projects awarded firnds in either 2016 and 2017
(ours) to submit a revised financial proforma and proposal to fill the gap — showing
efforts to bring in new local dollars, belt tightening, etc. Esperanza Court/Park Ave will
need to submit its proposal on or before May 22, 2017.
FHDC and HDC will be reaching out to the City in the next weeks to discuss this
possibility as it prepares the proposal to OHCS. This process will take some time. We
hope this can run concurrent with the NEPA review, but are requesting an extension of
our Financing Contingency period to ensure OHCS has enough time to sort this all out.
Because of the expiration of the Option this month, we are asking to address the option
extension at your April 201 meeting, and we will work with staff on any potential
financial support. This could require that FHDC come back to the City of Woodburn at a
subsequent meeting to discuss any support the City can provide at a subsequent meeting.
Please do not hesitate to reach out with questions. I look forward to seeing you on April
24t11 at the City Council Meeting. Thank you in advance for working in partnership with
FHDC to bring this important community asset to the City of Woodburn.
37
ATTACHMENT A
Project Schedule
Attachment B
Based on the award date of April 7, 2017, FHDC will receive its reservation of fiinds
letter by the end of the month. Given this, FHDC's development consultant, the Housing
Development Center (HDC) has updated the project schedule. Currently, the team is
anticipating an early March. 2018 construction start date with a 52 -week construction
period. The project is expected to be complete by Spring of 2019. Below is a detailed
outline of the anticipated project schedule.
DATE
ACTIVITY
April 24
Council approves Option Agreement
Amendment
Prior to 4/30/2016
Option Agreement Amendment Executed
April 7 — October 31, 2017
Environmental Review /NEPA Process
October 31, 2017
FHDC to exercise Option Agreement
November 30, 2017
Release Financing Contingency
December 1, 2017 to March 1, 2018
City to abandon well /remove equipment
December 1, 2017 to March 1, 2018
Remediate identified environmental
hazards
March 1, 2018
Release Site Preparation Contingency
March 1, 2018
Close on Purchase of Property
March 1, 2018
Construction Start
March 2019
Construction Completion
1274 Fifth Street 1 -A, Woodburn, OR 97071 / (503) 981 -1618 Phone / TTY 1 -800- 735 -29001 (503) 981 -3662 Fax
12T
& QUAL HOUShNG
OPPORTUNIfy
sSrunr is nn nminl nnnnrhiniht nr^ %Arlar"
38
DBU
a 1, of A ;y
April 24, 2017
TO: Honorable Mayor and City Council
FROM: Eric Liljequist, Interim Public Works Director
Jamie Johnk, Economic Development Director
SUBJECT: Special Public Works Fund (SPWF) Technical Assistance Grant - Southwest
Industrial Reserve (SWIR) Area Public Facilities Plan Update
RECOMMENDATION:
That the City Council, acting in its capacity as the Local Contract Review Board, authorize
the City Administrator to enter into a Personal Services Agreement with Murray, Smith &
Associates, Inc. (MSA) to complete the SWIR Area Public Facilities Plan Update per the
scope of work outlined in said Agreement. Councilors will recall that the SWIR is part of the
proposed Urban Growth Boundary adjustment.
BACKGROUND:
At the September 26, 2016 meeting, the City Council approved the award of the SPWF
Technical Assistance Grant from Oregon Infrastructure Finance Authority (IFA) in the
amount of $60,000 and directed staff to move forward with implementation of the
project.
The goal of the project is to review and substantiate the existing SWIR public facilities
plan and complete an engineering analysis to determine required infrastructure needs
(streets, storm, sewer, etc.), estimated costs, timelines, funding options and next steps.
Once complete, the engineering analysis and cost estimates will allow the City of
Woodburn to proceed with an implementation strategy in order to promote
development in the SWIR, encourage investment and job creation.
DISCUSSION:
Murray, Smith & Associates (MSA) was the only consulting firm that submitted a
proposal in response to the City's Request for Proposals (RFP). Staff reviewed MSA's
proposal and entered into negotiations with MSA in order to obtain a scope of work
and fees for the SWIR Area Public Facilities Plan Update. Initially, the proposed
consulting fees were significantly more than the amount of the awarded Oregon IFA
grant. After further negotiations between City staff and MSA, both parties reached an
agreement on acceptable consulting fees that maintained the required scope of
work needed to complete all project elements.
Agenda Item Review: City Administrator _x City Attorney _x_ Finance _x_
Q
Honorable Mayor and City Council
April 24, 2017
Page 2
Staff will work with MSA on the project to ensure all deliverables are met, including
project management and oversight. Councilors can note that the contract amount
does not require Council approval per the City's contracting policies but the City
Administrator asked that Council consider this agreement given the City Council and
the public's interest in the UGB.
FINANCIAL IMPACT:
The total cost of the contract with MSA is $61,330. The SPWF grant will fund $60,000
with the remaining funds ($1,330) being committed from Public Works Engineering
funds.