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June 12, 2017 Agenda FIGLEY,MAYOR HRYN CITY OF WOODBURN VACANTTCOUNCILOR WARD 1 LISA ELLSWORTH,COUNCILOR WARD II CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV FRANK LONERGAN,COUNCILOR WARD V .JUNE 12, 201 7 - 7.00 P.M. 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: A. The July 24th City Council meeting/Community Barbecue will take place at Centennial Park at 5:30 pm Appointments: None. 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS/PRESENTATIONS Proclamations: A. Freemason Appreciation Week 1 Presentations: None. 6. 15 MINUTE RECESS 7. COMMUNICATIONS None. 8. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980- 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.** June 12, 2017 Council Agenda Page i 9. 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 May 22, 2017 3 Recommended Action: Approve the minutes. B. Woodburn City Council Executive Session minutes of May 22, 2017 5 Recommended Action: Approve the minutes. C. Liquor License Application 6 Recommended Action:The Woodburn City Council recommends that the OLCC deny the Liquor License Application for MJ Brother Inc. D. Building Activity for May 2017 8 Recommended Action: Receive the report. 10. TABLED BUSINESS None. 11. PUBLIC HEARINGS A. Fiscal Year (FY) 2017-2018 Resolution Regarding State Revenue Sharing B. Fiscal Year (FY) 2017-18 City Budget Adoption 12. 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. 3034 - A Resolution Declaring the City of 9 Woodburn's Eligibility and Election to Receive State Revenue Sharing Recommended Action:Conduct a public hearing and adopt a resolution declaring the City's eligibility and election to receive State Revenue Sharing. B. Council Bill No. 3035 - A Resolution Adopting the Fiscal Year(FY) 12 2017-2018 Budget; Making Budget Appropriations; and Categorizing Taxes Recommended Action: Conduct a public hearing to consider the budget as approved by the Budget Committee, and upon completion of the hearing, approve the resolution adopting the budget and capital improvements plan, making appropriations, and declaring and categorizing taxes for FY 2017-18, inclusive of June 12, 2017 Council Agenda Page ii a $60,000 Parks System Development (SDC) appropriation. C. 2017 Oregon Main Street Revitalization Grant - Bungalow 19 Theater and Museum Restoration Project Recommended Action: It is recommended that the City Council accept the Oregon Main Street Revitalization grant in the amount of$100,000 forthe Bungalow Theater and Museum Restoration Project and authorize the City Administrator to sign the Grant Agreement. D. Redflex Contract Extension Amendment 26 Recommended Action: It is recommended the City Council authorize the City Administrator to sign the attached Third Extension of the Agreement with Redflex Traffic Systems, Inc. to provide Red Light Photo Enforcement Services. 13. 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. 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. ALLEYWAY/FIRST STREET TOUR 17. ADJOURNMENT June 12, 2017 Council Agenda Page iii PROCLAMATION FREEMASON APPRECIATION WEEK WHEREAS the heritage of modern freemasonry is derived from the organized guilds of .stonemasons who constricted the beautiful cathedrals, and other statelystructures, throughout Europe during the middle ages; and WHEREAS, overtime, the demand for operative stonemasons declined until they were eventually replaced with members who emphasized the .teaching of moral philosophy and brotherhood rather than the technical skills of earlier centuries; and WHEREAS, in 1717, what would later become the United Grand Lodge of England formed, making freemasonry public and accelerating its spread across the globe; and WHEREAS, freemasonry is built upon three basic tenets: Brotherly Love, Relief and Truth. Freemasons seek to supe the future by fostering the personal growth of the mind,heart and moral character of men from all walks of life, without discrimination, perpetuating lifelong friendships and philanthropic service to enrich our communities; and WHEREAS, over the course of their richhistozy,which dates back for centuries, freemasons offer their members the opportunity to grow, develop leadership skills and provide them the means for building a better world for our children. In addition to countless local and community leaders,fourteen United States Presidents have been freemasons including George Washington, James Monroe, Andrew Jackson, Theodore.Roosevelt,Franklin Delano Roosevelt; Harry S. Truman and Gerald Ford; and WHEREAS,under the leadership of Oregon's Most Worshipful Grand Master J.N. Dolph, (1892) Woodburn Masonic Lodge#106 was established on June 17 1892 with its first officers, Worslaipful'Master J.A.Knight and Jason Whitney(proxy fox Senior Warden), taking their seats in 1891 Since that time, the Woodburn Masonic Lodge has been in continuous service for 125 years; and .WHEREAS, . Woodburn" Masonic Lodge #106 has fostered and ' developed many community leaders; whose membership included Woodburn's founder and first Mayor Jesse Settlemier(1840-1913) and his son, Frank Settlemier; and:.. . WHEREAS, in 2013 Woodburn celebrated the Masonic Lodge Building's 100 year centennial anniversary and presence in Woodburn's historic Downtown; and WHEREAS, on its 125th anniversary year, and under the leadership of Oregon's Most Worshipful Grand Master Arthur L. Borland (2017), Woodburn's Masonic Lodge's #106 elected and appointed officers include: Worshipful Master- Duncan Tucker Senior Warden- Gevin Gregory Junior Warden- J.W. Vern Harris Treasurer- Scott Derickson Secretary- Don Judson Senior Deacon - Elias Villegas Junior Deacon- Juan Ramirez Senior Steward - Juan Gonzalez Junior Steward - David Gonzalez Marshall - Ted Huber, and Tyler- Eric Morris NOW, THEREFORE, 1, Kathryn Figley, Mayor of the City of Woodburn, hereby proclaim June 12-18, 2017 to be "Freemason Appreciation Week." I encourage all residents to celebrate Woodburn Masonic Lodge#106's 125th year anniversary by attending the July 11, 2017 Music in Library Park and Masonic Lodge Open House events, both sponsored by the Woodburn Masonic Lodge #106, and recognizing masons for their leadership and contributions made to our greater Woodburn community, IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Woodburn to be affixed th day of June 2017. kthr;n F,,gley, Myo City City o Woodburn Received and archived in Woodburn City Hall on Monday, June 12, 2017. Scott Derickson, Cityistrator City of Woodburn 4 2 COUNCIL MEETING MINUTES MAY 22, 2017 0:00 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 22, 2017 CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Carney Present Councilor Lonergan Absent Councilor Schaub Present Councilor Morris Present Councilor Ellsworth Present Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Deputy Police Chief Boyd, Interim Public Works Director Liljequist, Economic Development Director Johnk, Human Resources Director Gregg, Assistant City Attorney Granum, Community Relations Manager Gutierrez-Gomez, Communications Coordinator Horton, City Recorder Pierson 0:00 ANNOUNCEMENT The Historical Woodburn Museum Grand Re-opening will take place June 3rd and 4th from 11 am —3 pm. City Hall, the Library and the Transit System will be closed Monday, May 29th in observance of Memorial Day. The Aquatic Center will be open from 9:00 a.m. — 5:00 p.m. and will be having a BBQ at the pool from 11:30 a.m. —3:00 p.m. which is included with admission. 0:02 PRESENTATIONS 2017 Spring Pavement Maintenance Project - Interim Public Works Director Liljequist provided a presentation on the spring paving projects for 2017. 0:35 CONSENT AGENDA A. Woodburn City Council minutes of May 8, 2017, B. Woodburn Planning Commission minutes of January 12, 2017, C. Crime Statistics through April 2017, D. Building Activity for April 2017. Ellsworth/Schaub... adopt the Consent Agenda. The motion passed unanimously. 0:36 COUNCIL BILL NO. 3033 - A RESOLUTION INITIATING CONSIDERATION OF LEGISLATIVE AMENDMENTS TO THE WOODBURN DEVELOPMENT ORDINANCE Morris introduced Council Bill No. 3033. 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. 3033 duly passed. 0:37 AWARD OF CONSTRUCTION CONTRACT FOR THE 2017 SPRING PAVEMENT Page 1 - Council Meeting Minutes, May 22, 2017 3 COUNCIL MEETING MINUTES MAY 22, 2017 MAINTENANCE PROJECT, BID #2017-03 Carney/Ellsworth... acting in its capacity as the Local Contract Review Board, award the construction contract for the 2017 Spring Pavement Maintenance Project to the lowest responsible bidder, Knife River Corporation - Northwest in the amount of$373,373.00. The motion passed unanimously. CITY ADMINISTRATOR'S REPORT The City Administrator had nothing to report. 0:38 MAYOR AND COUNCIL REPORTS Councilor Morris thanked staff for their work on the budget and making the budget meeting an easy process. Councilor Schaub concurred with Councilor Morris on the budget process. She added that she is grateful to Community Relations Manager Gutierrez-Gomez for his work with Oregon Humanities and thanked Economic Development Director Johnk for her work on the Mother's Day celebration. Councilor Ellsworth congratulated the newly elected school board members. She also wished everyone a safe Memorial Day and recommended getting out to the City's great parks. Mayor Figley stated that she attended the Small Business Saturday that Representative Teresa Alonso Leon hosted. Councilor Carney stated that he missed the budget meeting due to a previous commitment. He echoed the compliments to Community Relations Manager Gutierrez-Gomez on the Oregon Humanities meeting and thanked the GIAC for their work on the resolution. 0:44 EXECUTIVE SESSION Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660 (2)(d). Morris/Ellsworth... move into executive session. The motion passed unanimously. The Council adjourned to executive session at 7:44 p.m. and reconvened at 8:13 p.m. Mayor Figley stated that no action was taken by the Council while in executive session. 1:14 ADJOURNMENT Morris/Schaub... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:14 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 2 - Council Meeting Minutes, May 22, 2017 4 EXECUTIVE SESSION COUNCIL MEETING MINUTES MAY 22, 2017 DATE CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 22, 2017 CONVENED The Council met in executive session at 7:47 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Schaub Present Councilor Lonergan Absent Councilor Carney Present Councilor Morris Present Councilor Ellsworth Present Mayor Figley reminded Councilors and staff that information discussed in executive session is not to be discussed with the public. Media Present: None Staff Present: City Administrator Derickson, City Attorney Shields, Human Resources Director Gregg, Deputy Police Chief Boyd, Assistant City Attorney Granum, City Recorder Pierson The executive session was called: To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(2)(4). ADJOURNMENT The executive session adjourned at 8:13 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 1 —Executive Session, Council Meeting Minutes, May 22, 2017 5 �'I'1 r I Iii♦ r} B V' June 12, 2017 TO: Honorable Mayor and City Council through City Administrator THRU: James C. Ferraris, Chief of Police FROM: Martin Pilcher, Lieutenant SUBJECT: Liquor License Application RECOMMENDATION: The Woodburn City Council recommends that the OLCC deny the Liquor License Application for MJ Brother Inc. BACKGROUND: Applicant: MJ Brother Inc. 1 1 1 N. Arney Rd. Suite B Woodburn, Oregon 97071 503 415-1167 Point of Contact: Michael Chen 3915 SW Eleven Mile Ave Gresham, Oregon, 97080 Business: Sushi Brothers 1 1 1 N. Arney Rd. Suite B Woodburn, Oregon 97071 503 415-1167 Owners: Michael Chen Vison Chen Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—x- 6 Honorable Mayor and City Council June 12, 2017 Page 2 License Type: New Outlet, Limited On-Premise Sales/Off-Premises Sales ($202.60 yr.) - Permits beer, wine, cider sales and liquor for on premise consumption only. On May 1, 2017, the Woodburn Police Department received an application for Limited On-Premise/Off-Premises ($202.60 yr.) Sales liquor license for Sushi Brothers Restaurant. This is a restaurant which contains a dining room with liquor sales at dining tables only. The restaurant sells food for consumption during all hours of operation. Sushi Brothers Restaurant is located at 1 1 1 N. Arney Rd. Suite B, Woodburn, Oregon 97071 . The hours of operation are from 11 :00 A.M. to 9:00 P.M. Monday through Sunday. The establishment provides no entertainment either live or recorded. The restaurant has seating for 47 patrons with no accommodation for outside seating. The Police Department has not received any communication from the public or surrounding businesses in support of or against the proposed change. DISCUSSION: The Police Department has completed a background investigation on the subjects listed on the OLCC application. Vison Chen was clear in all database checks with a valid ODL and no criminal record. Michael Chen was convicted of three felony charges in the State of Washington (Manufacturing/Delivery of Controlled Substance, Defrauding a Public Utility, Illegal Dispensing of a Controlled Substance) within the last five years. Further, Michael Chen did not disclose this information on the Liquor License Application as required (Individual History Form question #18). Chen was contacted by Det. Halupowski and stated he understood the applicable question to refer to the past two (2) years, not the twelve years indicated on the form (WPD Case #17-5304). Chen provided a written addendum concerning the conviction to Det. Halupowski. I contacted OLCC Agent Meredith Hingston who is assigned this application. I informed her of the convictions and provided her the relevant background material. Hingston stated she would review the information and that WPD should make the recommendation it felt proper. FINANCIAL IMPACT: None 7 CITY OF W D RN Community Development Services Department MEMORANDUM ...EN U 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: June 7, 2017 To: Chris Kerr, Community Development Director From: Building Division Subject: Building Activity for May 2017 _ _._........ ....... ........ 2015 2016 2017 No. Dollar Amount No. Dollar Amount No. Dollar Amount Single-Family Residential 6 $1,223,6030 0 $0 1 $199,727 .....�.� -.....................�� Multi-Family Residential 0 $0 ......._� 0 .........� .............�.._$0 m....... .....................................� .�..�.�.�.� $0 Assisted Living....................ITITITIT. Facilities 0 $0 0 $0 0 $0 ..... Residential Adds &Alts W.... 5.____.. ����._. .....�..............._...... .. $222,135 6 $50,594 7 $80,516 ................ ........................... ............ Industrial 4 $104,977 ....4,977 2 $220,323 3 $21,500 Commercial 12 $174,252 3 $165,000 13 $1,776,064 � 0 $0 � .._0..... ..................................�.._W........���...�0 Signs and Fences 1 $12,500 �. . ...............��...........................W__W......... Manufactured Homes 1 $1,600 1 $10,000 0 $0 TOTALS LS 29 $1,739,067 12 $445,917 24 $2,077,807 Fiscal Year to Date(July 1 – $20,951,854 $22,703,857 $19,039,434 June 30) ........... ____—d I:\Community Development\Building\Building Activity\B1dgAct-2017\B1dg Activity-Memos\memo-2017-5 May.doc 8 DBUR Proe.�;:;rrreef A$'7R7 June 12, 2017 TO: Mayor and City Council through City Administrator FROM: Sandra Montoya, Finance Director SUBJECT: Fiscal Year (FY) 2017-2018 Resolution Regarding State Revenue Sharing RECOMMENDATION: Conduct a public hearing and adopt a resolution declaring the City's eligibility and election to receive State Revenue Sharing. BACKGROUND: In order for the City of Woodburn to receive a share of state revenues apportioned and distributed to the cities of the state during FY 2017-2018, the City Council must enact an ordinance or resolution certifying: 1 . Eligibility to receive state shared revenue per ORS 221 .760; and 2. Elect to receive state shared revenue per ORS 21 1 .770. The ordinance or resolution must be filed with the Oregon Department of Administrative Services no later than July 31 . Notice of the hearing was published on May 31 , 2017 in the Woodburn Independent. DISCUSSION: The Approved FY 2017-2018 Budget includes state shared revenues of $265,000 in the General Fund. FINANCIAL IMPACT: The resolution declares the City's eligibility and qualification to receive State Revenue Sharing in FY 2017-2018, and are budgeted to be $265,000. Agenda Item Review: City Administrator_X City Attorney_X_ Finance-X- 9 COUNCIL BILL NO. 3034 RESOLUTION NO. 2096 A RESOLUTION DECLARING THE CITY OF WOODBURN'S ELIGIBILITY AND ELECTION TO RECEIVE STATE REVENUE SHARING WHEREAS, the City of Woodburn desires to receive a share of state revenues apportioned and distributed to the cities of the state during Fiscal Year 2017-2018 as provided in ORS 221 .760 and ORS 221 .770; and WHEREAS, ORS 221 .760 provides as follows: The officer responsible for disbursing funds to cities under ORS 323.455, 366.785 to 366.820 and 471 .805 shall, in the case of a city located within a county having more than 100,000 inhabitants according to the most recent federal decennial census, disburse such funds only if the city provides four or more of the following services: (1 ) Police Protection (2) Fire protection (3) Street construction, maintenance and lighting (4) Sanitary sewer (5) Storm sewers (6) Planning, zoning and subdivision control (7) One or more utility services WHEREAS, ORS 221 .770(1 )(a) requires that any city electing to receive a distribution must enact an ordinance or resolution expressing that election and file the same with the Oregon Department of Administrative Services no later than July 31; and WHEREAS, ORS 221 .770(1 )(b) requires that any city electing to receive a distribution must hold at least one public hearing at which citizens have the opportunity to provide written or oral comment on the possible uses of the distributions; NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City Council of the City of Woodburn hereby certifies that it provides the following four or more municipal services enumerated in Section 1 , ORS 221 .760: Page 1—COUNCIL BILL NO. 3034 RESOLUTION NO. 2096 10 Police protection Street construction, maintenance and lighting Sanitary sewer Storm sewers Planning, zoning and subdivision control One or more utility services Section 2. The City of Woodburn hereby elects to receive distributions of state revenues during FY 2017-2018 pursuant to ORS 221 .770(1 )(a). Section 3. The City Council hereby certifies that it conducted a public hearing, after giving public notice, on June 12, 2017 and called for written and oral comment on the possible uses of the distributions and that the hearing complied with ORS 221 .770(1 )(b) and (c). Section 4. The City Recorder is directed to certify compliance with the public hearing requirements and file this resolution with the Oregon Department of Administrative Services by July 31 , 2017. 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. 3034 RESOLUTION NO. 2096 11 DBUR Proe.�;:;rrreef A$'7R7 June 12, 2017 TO: Honorable Mayor and City Council through City Administrator FROM: Sandra Montoya, Finance Director SUBJECT: Fiscal Year (FY) 2017-18 City Budget Adoption RECOMMENDATION: Conduct a public hearing to consider the budget as approved by the Budget Committee, and upon completion of the hearing, approve the resolution adopting the budget and capital improvements plan, making appropriations, and declaring and categorizing taxes for FY 2017-18, inclusive of a $60,000 Parks System Development (SDC) appropriation. BACKGROUND: The Budget Committee of the City of Woodburn met and approved the budget of $82,744,016 on May 13, 2017. A financial summary of the Budget Committee's approved budget and a notice of the budget hearing before the City Council were published in the Woodburn Independent on Wednesday, May 31 , 2017, in accordance with Oregon Local Budget Law (ORS 294.438). Attachment 1 is a list of corrections made to the budget document which do not affect the total appropriation. The City Council may take action to adopt the budget once the public hearing has been held and testimony has been heard and considered. Subsequent to the Budget Committee's approval of the budget, the need for an additional appropriation of $60,000 in the Parks SDC fund was identified to refund Boones Crossing developers for duplicate SDC payments. This action was approved by City Council on December 12, 2016, and included a provision for the City to refund duplicate SDC payments if the developers could prove the overpayments. Recently the developers of phases 1-2 provided documentation of the overpayments, and staff has determined the developers' assertions are valid and refunds of approximately$60,000 are owed. Oregon Budget Law allows unforeseen occurrences, ORS 294.338(3), and refunds, ORS 294.338(9), to be considered outside of budget law, which allows the approved budget to be approved by resolution. Agenda Item Review: City Administrator_X City Attorney_X_ Finance-X- 12 Honorable Mayor and City Council June 12, 2017 Page 2 DISCUSSION: Under Oregon Local Budget Law (ORS 294.456) the City Council may modify the Budget Committee's approved budget by an amount not to exceed $5,000 or 10% of a fund's expenditures, whichever is greater, without publishing a notice of a second budget hearing. The Finance Department proposes adoption of the budget as approved by the Budget Committee with corrections in Attachment 1 . Upon completion of the public hearing, Council may consider a $60,000 Parks SDC budget amendment to appropriate refund authority with a reduction to the unappropriated balance in the Parks SDC fund. As this recommended appropriation also reduces the unappropriated balance, there is no impact to the FY 2017-18 annual budget of $82,744,016. FINANCIAL IMPACT: The resolution adopts the FY 2017-18 annual budget of $82,744,016. 13 Attachment 1 City of Woodburn Budget Committee Approved Budget June 6, 2017 Approved Budget Updates Following the approval of the FY2017-18 Budget a few corrections have been made. The corrections are relating to presentation of the budget and do not impact the approved budget figures. The following pages have been corrected: • Page 7 - Council Ward I is vacant • Page 20 - Corrected General Fund 001 decreases to $14,330,760. This will match table on page 45 for FY 2017-18 Expenditures (less contingency & reserves) • Page 105 - Water Fund Summary- corrected FY 2017-18 amounts for debt service and contingencies and reserves. There was no change in the total amount • Page 115 - removed capital outlay amount from FY 2014-15 column - this was from a previous fiscal year • Page 130 - Corrected FY 2015-16 Actual amount for Construction Excise Tax to $113,387. There is no effect on FY 2017-18 budget • Page 162 - Outstanding principal for Police Series, 2005 bond was corrected • Page 163 - Remaining debt service table was reformatted 14 COUNCIL BILL NO. 3035 RESOLUTION NO. 2097 A RESOLUTION ADOPTING THE FISCAL YEAR (FY) 2017-2018 BUDGET; MAKING BUDGET APPROPRIATIONS; AND CATEGORIZING TAXES WHEREAS, the City Administrator, as Budget Officer for the City of Woodburn, Oregon, prepared and submitted the FY 2017-2018 Budget to the Budget Committee at its May 13, 2017 meeting; and WHEREAS, the May 13, 2017 Budget Committee meeting was noticed by publication in the Woodburn Independent newspaper on April 26, 2017; and WHEREAS, a public hearing was held at the May 13, 2017 Budget Committee meeting after which time the budget was approved; and WHEREAS, the Notice of Budget Hearing and Financial Summary were published in the Woodburn Independent newspaper on May 31 , 2017 as required by ORS 294.438; and WHEREAS, a second public hearing was held before the City Council at its meeting on June 12, 2017; and NOW, THEREFORE WHEREAS, subsequent to the Notice of Budget Hearing and Financial Summary publishing a $60,000 unforeseen refund of Park System Development fees was identified; and WHERAS, the $60,000 unforeseen refund of Park System Development fees is outside of Oregon Budget Law per ORS 294.338(4)&(5) and ORS 294.338(9), and the expenditure will be appropriated in the FY 2017-18 budget with a corresponding reduction to the Park System Development Fund's unappropriated balance; and THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Council adopts the budget for FY 2017-2018 in the sum of $82,744,016. A copy of the budget document is now on file at City Hall, 270 Montgomery Street, Woodburn, Oregon. Page 1—COUNCIL BILL NO. 3035 RESOLUTION NO. 2097 15 Section 2. The FY 2017-2018 amounts are hereby appropriated as follows: General Fund Street Fund 011-Council&Mayor 26,634 Personnel Services 797,044 121-Administration 247,431 Materials&Services 1,587,210 125-Economic Development 102,396 Capital Outlay 24,000 131-City Recorder 87,819 Transfers Out 1,814,501 141-City Attorney 199,585 Continge ncy 240,825 151-Finance 579,743 Total 4,463,580 161-Human Resources 200,734 211-Police 7,523,466 GO Debt Service Fund 311-Library 908,117 Debt Se rvi ce 537,136 421-Recreation 479,616 431-Aquatics 584,607 Special Assessment Fund 499-Community Services Admin 382,808 Contingency 10,845 511-Planning 497,063 651-Engineering 359,390 General Cap Const Fund 711-Parks&Facilities Maintenance 854,394 Capital Outlay 780,000 199-Non-departmental 294,504 Transfers Out 1,002,453 Street&Storm Cap Const Fund Contingency 2,265,812 Capital Outlay 4,620,000 Total 16,596,572 Parks SDC Fund Transit Fund Materials&Services 102,987 Transit 590,007 Transfers Out 60,000 Capital Outlay 28,000 Total 162,987 Transfers Out 3,001 Contingency 163,437 Street SDC Fund Total 784,445 De bt Se rvi ce 37,495 Transfers Out 2,200,000 Building Inspection Fund Total 2,237,495 Building Inspection 1,264,889 Transfers Out 3,001 Storm SDC Fund Contingency 589,667 Transfers Out 140,000 Total 1,857,557 Sewer Cap Const Fund Asset Forfeiture Fund Capital Outlay 5,060,000 Asset Forfeiture 9,661 Water Cap Const Fund Housing Rehab Fund Capital Outlay 280,000 Housing Rehab 23,644 Contingency 250,767 Total 274,411 Page 2-COUNCIL BILL NO. 3035 RESOLUTION NO. 2097 16 Water Fund Insurance Fund Water 2,509,020 Insurance 972,461 Debt Service 1,155,439 Contingency 82,443 Transfers Out 32,955 Total 1,054,904 Contingency 125,451 Total 3,822,865 Equipment Replacement Fd Capital Outlay 1,098,371 Sewer Fund Sewer 4,073,757 Library Endowment Fund Capital Outlay 95,000 Contingency 27,050 Debt Service 3,889,563 Transfers Out 1,179,456 Museum Endowment Fund Contingency 208,438 Contingency 705 Total 9,446,214 Lavelle Black Trust Fund Water SDC Materials&Services 20,000 Materials&Services 100,000 Contingency 22,660 Transfers 90,000 Total 42,660 Total 190,000 SewerSDC Total Appropriations,All Funds 55,340,577 Capital Outlay 80,000 Transfers Out 500,000 Reserves,All Funds 27,403,439 Total 580,000 Total Budget 82,744,016 Information Technology Information Technology 963,782 Capital Outlay 137,529 Contingency 161,808 Total 1,263,119 Section 3. The City Council imposes the taxes provided for in the adopted budget at a permanent rate of $6.0534 per $1 ,000 of assessed value for operations, and in the aggregate amount of $563,723 for public safety general obligation (GO) bonds. These taxes are hereby imposed and categorized for tax year 2017-18 based upon assessed value of all taxable property within the City. General Government Excluded from Limitation Permanent Rate Limit $6.0534/$1 ,000 - GO Bond Levy - $563,723 Page 3 —COUNCIL BILL NO. 3035 RESOLUTION NO. 2097 17 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 4—COUNCIL BILL NO. 3035 RESOLUTION NO. 2097 18 DBU a 1,d f;'!�7 June 12, 2017 TO: Honorable Mayor and City Council FROM: Jamie Johnk, Economic Development Director SUBJECT: 2017 Oregon Main Street Revitalization Grant - Bungalow Theater and Museum Restoration Project RECOMMENDATION: It is recommended that the City Council accept the Oregon Main Street Revitalization grant in the amount of $100,000 for the Bungalow Theater and Museum Restoration Project and authorize the City Administrator to sign the Grant Agreement. BACKGROUND: The Bungalow Theater and Museum buildings were constructed in 1894 and were utilized early on as retail (i.e. furniture and grocery) stores. The building at 469 N. Front Street was converted to the Bungalow Theater in 1911 and operated as a movie theater until 1952. The City of Woodburn purchased the buildings in the 1990's in order to preserve the community's history by transforming one building into the Woodburn Museum and, in the adjoining building, to preserve the remnants of the Bungalow Theater. Prior to the City purchasing the buildings, numerous alterations had been made to both structures in order to accommodate uses at the time. These alternations have modified some of the historic characteristics of the buildings without addressing the seismic, ADA and code compliance requirements of the properties. The City has maintained the properties with a limited budget by addressing immediate needs, including minor repairs to the failing roof. In 2015, a roofing assessment revealed that, due to its deterioration and overall poor condition, a complete replacement was needed. Additionally, a structural engineer recently evaluated the buildings to determine the extent of seismic reinforcement that is recommended to be completed as the restoration proceeds. After preparing preliminary cost estimates, staff began to identify funding opportunities to assist with the roof and seismic upgrades to the building. Agenda Item Review: City Administrator_x_ City Attorney_x Finance—x- 19 Honorable Mayor and City Council June 12, 2017 Page 2 DISCUSSION: The Bungalow Theater and Museum Restoration is a multi-phase project with phase 1 including the roof repairs and seimic upgrades. Subsequent phases of the project will include restoration of the storefront/ fagade, ADA and code compliance improvements, and interior remodel/restoration work. FINANCIAL IMPACT: The Oregon Main Street Revitalization grant award is $100,000. Matching funds in the amount of $100,000 are included in the proposed FY 17/18 Urban Renewal budget. 20 larep Parks RecreationDepartment ' State Historic Preservation Office 725 Summer St NE Ste C .Kate Brown,Governor � Salem,OR 97301-1266 Phone(503)986-0690 Fax(503)986-0793 www.oregonheritage.org °X HISTORY b,@ CM--y May 16,2017 Jamie Johnk City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Dear Jamie: Congratulations! Your application for a 2017 Oregon Main Street Revitalization has been funded for the amount and purpose listed below. Grant Amount: $100,000 Grant No.: MSR-17-27 Start Date: 5/15/2017 End Date: 5/31/2020 Summary: Repair the roof and complete seismic upgrades for the Bungalow Theater and Woodburn Museum building. Enclosed are two copies of your grant agreement. Carefully review the scope of work and requirements for each category to be sure they are summarized correctly. Have the authorized person sign both copies and return both copies to us. The signed agreements must be returned to our office within 30 days; if not returned in that period, it will be assumed that you are not accepting the grant award. We will return a signed copy and grant reporting informationat that time. I am looking forward to working with you. Please let me know if you have any questions, and, again, congratulations and best wishes for a successful project. Sincerely, Kuri Gill Grant and Outreach Coordinator (503)986-0685 Kuri.Gill@oregon.gov Enclosures 21 Grant Agreement 2017 Oregon Main Street Revitalization (MSR-17-27) This Agreement is made and entered into,by and between,the State of Oregon, acting by and through Oregon Parks and Recreation Department(OPRD),Heritage Programs,hereinafter referred to as the"State"and: City of Woodburn 270 Montgomery St Woodburn,OR 97071 or designated representative, hereinafter referred to as the "Grantee." 1. GENERAL PURPOSE: The general purpose of this agreement is: to undertake the heritage related nroiect as detailed in A tctc lata ent A. 2. AGREEMENT PERIOD: The effective date of this Agreement is the date on which it is fully executed by both parties.Unless otherwise terminated or extended,the Project shall be completed on 5/31/2020 3. AGREEMENT COSTS: The State agress to pay the Grantee a maximum of $100,000 for costs authorized by this agreement. 4. AGREEMENT DOCUMENTS: Included as Part of this Agreement are: Attachment A: Scope of Work Attachment B: Standard Terms and Conditions 5. SIGNATURES: In witness thereof: the parties hereto have caused this Agreement to be properly executed by their authorized representatives as of the last date hereinafter written. GRANTEE: 5i nature Authorized Representative g p Date �. ... Name and I ifle of Signer(Type or Print) STATE: Ci i,tine urran...E} --to _._....... _ Deputy State Historic Preservation Officer Date OPR.D Heritage Prograrus 22 Attachment A--Scope of Work 2017 Oregon Main Street Revitalization (MSR-17-27) Grantee: Citv of Woodburn Grant Amount: X100,000 _, Match Amount: $165,600 Estimated Overmatch: $0 Project Summary: Repair the roof and complete seismic upgrades for the Bungalow Theater and Woodburn Museum building. The grant funds and matching local contributions will be used to accomplish the work items detailed in the Budget and Work Description sections that follow.OPRD Heritage Programs staff must approve any changes to this Scope of Work. PROPOSED BUDGET I Development-Main Street Contractor $265,600 Total $265,600 Total Project Budget $265,600 SCRIPT 1 Development-Main Street $265,60 Products: Repair the roof and complete seismic upgrades for the Bungalow Theater and Woodburn Museum building. Standards andProvisions: Project Standards: Properties must within the main street district approved by the Oregon Main Street Network. Prior to starting the rehabilitation project,the grant recipient must submit a work plan for the project to the SHPO and receive written approval of that work plan. This should include current photos,historic photos and basic drawings,plus a description of materials and methods to be used. If the work plan is the same as was proposed in the application, an email request to approve that plan is sufficient. ® The approved work plan should be used for requesting bids from contractors. Approved procedures for selecting a contractor must be followed, including obtaining at least three bids if the work is over$10,000. The grant recipient must submit to the OPRD copies of all contracts with contractors for completing the work described in the work plan. ®The work pian and the actual work must conform to the Secretary of the Interior's "Standards for Rehabilitation" (1990 revised version). Work that does not meet these standards is ineligible for reimbursement. Work plans and contracting processes must be approved by the property owner. ®A project sign must be displayed in a prominent location at each project site while project work is in progress. The sign must identify the project and SHPO grant support. "This project is funded in part by a matching grant from the Oregon State Historic Preservation Office, Oregon Heritage." Before, during and after pictures are required for reimbursement. Digital images of 300dpi or higher are required. n . 'm t)rCS'trll 'Fi.'�ddrl 23 Attachment B Standard Terms and Conditions—Oregon Main Street Revitalization Grants 1.. Authority: ORS 390.262 and OAR 736-056-0050 authorize Oregon Parks and Recreation Departmentto expend funds for building projects in communities participating in the Oregon Main Street Network throughout Oregon. 2„ Work Plan Approval:Prior to commencing the project described in Attachment A,Grantee shall receive approval on a final work plan from the State. 3. Amendments: This Agreement may be amended only by a written amendment to the Agreement executed by the parties. 4, Compliance with Workers Compensation Laws: All employers, including Grantee,that employ subject workers who provide services in the State of Oregon shall comply with ORS.656.017 and provide the required Woker's Compensation coverage,unless such employers are exempt under ORS 656.126. Employer's liability insurance with coverage limits of not less than$500,000 must be included. 5. Statement of Support:All publicity,visual or oral,for this project shall be accompanied by the following statement "This project is supported in part by a grant from the State Historic Preservation Office, Oregon Parks and Recreation Department."A sign to that effect,provided by the State,may be required on the project site zs well. 6. Reporting: Grantee shall submit written progress reports and a final report as described in the grant guidelines and using the online reporting system or approved alternative methodprovided by the State. 7, Matching Funds: The Grantee shall contribute matching funds or the equivalent in labor,materials,or services,which are shown as eligible match in the rules,policies and guidelines for the Preserving Oregon Grant Program. Volunteer labor used as a match requires a log with the name of volunteer,date volunteered,hours worked,at and rate used for match to be eligible. 8, Grant Payments: Grant funds are awarded by State on a reimbursement basis and only for the Project described in Attachment A,Project Overview. OPRD shall pay Grantee upon OPRD's approval of Grantee's invoices submitted to OPRD for completed services and deliverables,but only after OPRD has detenninedthat Grantee has completed,and OPRD has accepted,the invoiced services. Advance payments may be provided under conditions outlined in the grant guidelines. In addition to the reimbursement requested upon completion of theProject, Grantee may request a mid- Project reimbursement for costs accrued to date. a. Invoices and Payments: Invoices must include OPRD's grant agreement number. Grantee shall submit invoices requesting payment to OPRD's Contract Administrator for approval or as may be otherwise designated through written notice. 9. Records Administration: The Grantee shall maintain all records necessary to properly account for thepayments made to the Grantee for costs authorized by this Agreement These records shall be retained by the Grantee for at least six years after the contract terminates, or until all audits initiated within the four years,have been completed,whichever i later. The Grantee agrees to allow State auditors, and State Agency Staff, access to all the records related to this Agreement, for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment. 10, Tax Obligations: Grantee will be responsible for any federal or state taxes applicable to payments under this Agreement. 11, Contribution: If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260("Third Party Claim")against a party(the "Notified Party")with respect to which the other party ("Other Party")may have liability,the Notified Party must promptly notify the Other Party in writing of the Third Party Claim and deliver to the Other Party a copy of the claim,process, and all legal pleadings with respect to the Third Party Claim.Either party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing.Receipt by the Other Party of the notice and copies required in this paragraph and meaningful opportunity for the Other Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditiorr,precedent to the Other Party's liability with respect to the Third Party Claim. With respect to a Third Party Claim for which the State is jointly liable with the Grantee(or would be if joined in the Third Party Claim),the State shall contribute to the amount of expenses(including attorneys' fees),judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by theGrantee in such proportion as is appropriate to reflect the relative fault of the State on the one hand and of the Grantee on the other hand in connection with the events which resulted in such expenses,judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of the State on the one hand and ofthe Grantee on the other hand shall be determined by reference to, among other things,the parties'relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, 'uments, fines or talement amounts. J dcyzD The State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law if the State had sole liability in the proceeding With respect to a Third Party Claim for which the Grantee is jointly liable with the State(or would be if joined in the Third Party Claim), the Grantee shall contribute to the amount of expenses (including attorneys' fees),judgments, fines and amounts paid in settlement actually and reasonably inctirred and paid or pay ble by the State in such proportion as is I, cad 'i "I /I 24 appropriate to reflect the relative fault of the Grantee on the one hand and of the State on the other hand in connection with the events which resulted in such expenses,judgments,fines or settlement amounts, aswell as any other relevant equitable considerations.The relative fault of the Grantee on the one hand and of the State on the other hand shall be determined by reference to,among other things,the parties'relative intent,knowledge,access to informatiel and opportunity to correct or prevent the circumstances resulting in such expenses,judgments,fines or settlement amounts. The Grantee's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law if it had sole liability in the proceeding. Grantee shall take all reasonable steps to cause its contractor(s)that are not units of local government as defined in ORS 190.003,if any,to indemnify,defend,save and hold harmless the State of Oregon and its offices,employees and agents("Indemnitee")from and against any and all claims,actions,liabilities,damages,losses,or expenses(including attorneys' fees)arising from a tort(as now or hereafter defined in ORS 30.260)caused,or alleged to be caused,inwhole or in part,by the negligent or willful acts or omissions ofGrantee's contractor or any of the officers,agents,employees or subcontractors of the contractor("Claims").It is the specific intention of the parties that the Indemnitee shall, in all instances,except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee,be indemnified by the contractor from and against any and all Claims 12. Governing Law: The laws of the State of Oregon(without giving effect to is conflicts of law principles)govern all matters arising out of or relating to this Agreement,including,without limitation,its validity,interpretation,constructmn, performance,and enforcement.Any party bringing a legal action or proceeding againt any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County. Each party hereby consents to the exclusive jurisdiction of such court,waives any obyction to venue, and waives any claim that such forum is an inconvenient forum. 13. Repayment: In the event that the Grantee spends grant funds in any way prohibited by state or federal law,or for any purpose other than the completion of the project,the Grantee shall reimburse the State for all such unlawfully or improperly expended funds. Such payment shall be made within 15 days of demand by the State. 14. Termination:This contract may be terminated by mutual consent of both parties,or byeither party upon a 30-day notice in writing, delivered by certified mail or in personto the other party's contact identified in the Agreement On termination of this contract, all accounts and payments will be processed according to the financial arrangements set forth heein for approved services rendered to date of termination. Full credit shall be allowed for reimbursable expenses and the non- cancelable obligations properly incurred up to the effective date of the termination. 15. Entire Agreement: This Agreement constitutes the entire Agreement between the parties.No waiver,consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver,consent,modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings,Agreements, or representations, oral or written, not specified herein regarding this Agreement.The Grantee,by signature of its authorized representative on flee Agreement, acknowledges that the Grantee has read this Agreement,understands it, and agrees to be bound by its terms and conditions." fI, 25 Iii♦ 4 B V' June 12, 2017 TO: Mayor and City Council through City Administrator FROM: James C. Ferraris, Chief of Police SUBJECT: Redflex Contract Extension Amendment RECOMMENDATION: It is recommended the City Council authorize the City Administrator to sign the attached Third Extension of the Agreement with Redflex Traffic Systems, Inc. to provide Red Light Photo Enforcement Services. BACKGROUND: In 2010, the City entered into an Agreement with Redflex Traffic Systems, Inc. to provide Red Light Photo Enforcement Services. The initial term of the Agreement expired on June 30, 2015. In 2015, the City Council authorized an extension of the Agreement until June 30, 2016. The current extension will expire June 30, 2017. The city has (6) 1-year extensions available. The City has the legal right to renew the Agreement for another one (1 ) year period at its discretion, and Staff believes that it is in the City's interest to exercise this option. DISCUSSION: Red Light Photo Enforcement Services currently includes one set of equipment located at the intersection of State Hwy. 99E and State Hwy. 211/Mt. Hood Ave. The City and Redflex have enjoyed a professional working relationship and Redflex has provided exceptional service. Redflex has already agreed to the proposed extension of the Agreement. FINANCIAL IMPACT: Contract terms remain unchanged and Redflex receives a portion of fines collected from violations captured by the system. There is no direct cost to the City Budget. Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x 26 THIRD EXTENSION OF THE AGREEMENT WITH REDFLEX TRAFFIC SYSTEMS, INC. TO PROVIDE RED LIGHT PHOTO ENFORCEMENT SERVICES TO THE CITY OF WOODBURN, OREGON THIS THIRD AMENDMENT to the Agreement with Redflex Traffic Systems, Inc. to provide Red Light Photo Enforcement Services to the City of Woodburn, Oregon is entered into this 1 t day of July, 2017 (the "Effective Date") by and between the City of Woodburn, Oregon (the "City"), and Redflex Traffic Systems, Inc. ("Redflex") (collectively referred to as the "Parties") A. In 2010 the Parties entered into an Agreement (the "Original Agreement") with Redflex Traffic Systems, Inc. to provide Red Light Photo Enforcement Services to the City of Woodburn, Oregon; and B. The Original Agreement was amended to extend the term of the Original Agreement from June 30, 2015 to June 30, 2016 (the "First Amendment") and the second extension from June 30fhi, 2016 to June 30th, 2017 (the "Second Amendment") (the First Amendment and Second Amendment together with the Original Agreement, the "Agreement"); and C. The City has the right to renew the Agreement for an additional one (1) year period at its discretion; and D. The City has determined that it is in the City's interest to exercise its renewal option; NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein: 1 . Pursuant to Article 11, Section 2, the City exercises its option to extend the Agreement until June 30, 201'8. 2. Except as expressly amended in this Third Amendment, the terms and conditions of the Agreement shall remain in full force and effect. To the extent that this Third Amendment conflicts with the terms and conditions of the Agreement, this Third Amendment shall control. CITY OF WOODBURN: REDFLEX TRAFFIC SYSTEMS, INC.: 2 By: By: Scott Derickson, City Administrator Michael Finn Title: President and CEO THIRD EXTENSION OF REDFLEX AGREEMENT 27