Agenda - 04/25/2005CITY OF WOODBURN
URBAN RENEWAL AGENCY
APRIL 25, 2005 - 6:50 P.M.
KATHRYN FIGLEY, MAYOR
WALTER NICHOLS, COUNCILOR WARD l
RICHARD BJELLAND, COUNCILOR WARD II
PETER MCCALLUM, COUNCILOR WARD III
JAMES Cox, COUNCILOR WARD IV
FRANK LONEROAN, COUNCILOR WARD V
ELIDA SIFUENTEZ, COUNCILOR WARD VJ
CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET
CALL TO ORDER
ROLL CALL
CONSENT AGENDA
A. Urban Renewal Agency minutes of June 28, 2004
Recommended Action: Approve the minutes.
GENERAL BUSINESS
A. Reimbursement Agreement
Recommended Action: Approve and authorize the Chair of
the Agency to execute
agreement between the
Woodburn Urban Renewal
and 2005-06.
PUBLIC HEARINGS
PUBLIC COMMENT
ADJOURNMENT
the attached reimbursement
City of Woodburn and the
Agency for fiscal years 2004-05
2
April 25, 2005
Urban Renewal Agency
Page i
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TAPE
READING
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URBAN RENEWAL AGENCY MINUTES
JUNE 28, 2004
DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, JUNE 28, 2004.
CONVENED. The Urban Renewal Agency meeting convened at 6:48 p.m. with Chair
Figley presiding.
0040
ROLL CALL.
Chair Figley Present
Member Bjelland Absent
Member Cox Present
Member Lonergan Present
Member McC allum Present
Member Nichols Present
Member Sifuentez Present
Staff Present: City Administrator Brown, City Attorney Shields, Finance Director
Gillespie, Public Works Director Tiwari, Park & Recreation Director Westrick, Recorder
Tennant
003%
0059
CONSENT AGENDA.
A) approve Urban Renewal Agency minutes of June 14, 2004.
MCCALLUM/COX... approve the consent agenda as presented. The motion passed
unanimously.
RESOLUTION 04-01 ADOPTING A BUDGET FOR FISCAL YEAR 2004-05 AND
MAKING APPROPRIATIONS.
COX/MCCALLUM... adopt Resolution 04-01 for the budget for fiscal year 2004-05.
The motion passed unanimously.
0150
ADJOURNMENT.
LONERGAN/SIFUENTEZ... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 6:55 p.m..
APPROVED
KATHRYN FIGLEY, BOARD CHAIR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page l - Urban Renewal Agency Minutes, June 28, 2004
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WOODBURN
4A
April 25, 2005
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
Woodburn Urban Renewal Agency
John C. Brown, City Administrato~
Reimbursement Agreement for Services, Materials and Projects
RECOMMENDATION:
It is recommended that the City Council and Urban Renewal Agency approve,
and authorize, respectively, the City Administrator and the Chair of the Agency
to execute the attached reimbursement agreement between the City of
Woodburn and the Woodburn Urban Renewal Agency for fiscal years 2004-05
and 2005-06.
BACKGROUNd:
Urban Renewal law requires tax receipts received by an urban renewal agency
must be used to retire debt. Indebtedness can be established by issuing bonds
or similar debt instruments, through loans from pubiic or private agencies, or by
contractual arrangement.
Total tax receipts of $605,000 have been received by the Woodburn Urban
Renewal Agency since November 2003. Approximately $344,000 is estimated to
be received in 2005-06. As indicated in the Background, these funds must be
used to retire indebtedness.
The City initiated two projects on behalf of itself and the Agency: the
Downtown Plaza and Front Street reconstruction. City funds were used in 2003-
04 and 2004-05 to complete Plaza design, to bid the project, and to initiate
construction. City funds are being used in 2004-05 to complete utility
undergrounding the Front Street project, Phase I. Approximately $325,000 in
urban renewal funding is needed to complete the plaza project in 2004-05
including funding in anticipated change orders. In 2005-06, urban renewal
Agenda Item Review:
City Administrator<~-'~
2
City Attorney
Finance~/)"~
Honorable Mayor and City Council
April 25, 2005
Page 2
funding of $1,251,000 is needed to complete Phase I of the Front Street project,
and utility undergrounding for Phase II. The total cost of these projects is
included in the City's capital budgets for 2004-05 and 2005-06. In addition,
current year's budgeting, and anticipated budgeting for 2005-06 require the
Agency to support the cost of its annual audit, and specialized legal and
consulting services. Funding for these services has also been advanced in the
City's budgets for 2004-05 and 2005-06, in amounts not-to-exceed ,$15,000 and
$6,500 respectively.
Revenues necessary to reimburse the City will be provided from the balance on
hand, and from the proceeds of a private borrowing to be completed in the
near future.
The attached agreement facilitates the Agency's reimbursement of costs
advanced by the City for the fiscal years in question, and establishes the debt
necessary to satisfy urban renewal requirements. This agreement is based on a
model provided by the City's urban renewal consultant. It was reviewed and
deemed sufficient to establish the necessary debt and provide anticipated
reimbursements by the city's independent urban renewal counsel. Accordingly,
your approval of the attached agreement is respectfully recommended.
FINANCIAL IMPACT:
The attached agreement facilitates, consistent with the schedule provided in
Exhibit A to the Agreement, debt of the agency, and repayment to the City of a
not-to-exceed total for Fiscal Years 2004-05 and 2005-06 of $1,597,500.
3
AGREEMENT FOR SERVICES BETWEEN WOODBURN URBAN RENEWAL
AGENCY AND CITY OF WOODBURN
This Agreement for Services (Agreement) is entered into between the City of Woodburn
(City), an Oregon municipal corporation, and the Woodburn Urban Renewal Agency
(the Agency), the urban renewal agency of the City of Woodburn, created pursuant to
ORS 457.035 through ORS 457.460.
Recitals
Whereas, by Ordinance No. 2283 the City activated its urban renewal agency pursuant
to ORS 457.055, and designated the City Council of the City of Woodburn to exercise
the urban renewal powers pursuant to ORS 457.045 (3); and
Whereas, by Ordinance No. 2298 the City Council adopted the Woodburn Urban
Renewal Plan (Plan), Section 1100 of which states, in part:
"...the Agency may borrow money from, or lend money to a public agency in
conjunction with a joint undertaking of a project authorized by this plan."; and
Whereas, Section 600 of the Plan identifies as projects which may be undertaken
pursuant to the Plan in the urban renewal area: A) Public Improvements including
construction and repair of parks, streets, and sidewalks; and C) Plan Administration
including personnel and other administrative costs incurred in management of the
renewal plan; and
Whereas, the City and the Agency work in partnership to accomplish the provisions of
the Plan adopted by the City Council and put before the Agency for implementation, and
Whereas, the City and the Agency wish to clarify the relationship between the City and
the Agency with respect to services to be provided by the City to the Agency, and the
Agency's obligation to pay the City for those services, and
NOW THEREFORE, the City and the Agency agree as follows:
Terms of Agreement
In consideration for reimbursement for the costs of services and materials and projects
according to the terms of this Agreement, the City will provide the following services and
materials to the Agency according to the terms of this Agreement:
Personnel Services.
1.1
City staff to provide all staff services required to implement and
administer the Plan and any other Agency activities. Staff assigned
to perform functions in support of the Agency will continue to be
PAGE I - CITY/AGENCY REIMBURSEMENT AGREEMENT, 2004-06 4.
1.2
1.3
employees of the City and will provide services to implement Plan
as directed by the Agency. The City will not charge the Agency for
these staff services pursuant to this Agreement. Nothing in this
Agreement, however, shall prevent the City from requiring
reimbursement from the Agency for these services in future written
agreements.
The City Administrator has final and exclusive authority over
decisions to hire, fire and discipline the City employees assigned to
perform functions in support of the Agency, under the City's
personnel rules and policies.
Except as specifically provided in other sections of this Agreement
or as set out in a future written agreement of the parties, charges to
the Agency for materials will be the same as any inter-departmental
City charge.
Insurance.
2.1
The City will procure and maintain property and liability insurance
covering the Agency's activities at such levels as the Agency
deems necessary and appropriate. The City will not charge the
Agency for insurance premiums pursuant to this Agreement.
Nothing in this Agreement, however, shall prevent the City from
requiring the Agency to pay for this coverage in future written
agreements.
Professional and Consultinq Services.
3.1
The City and the Agency will consult with one another regarding
selection of independent contractors providing professional and
consulting services, including bond counsel and the financial
advisor for debt issuance for the Agency, if any; general or
specialized urban renewal consulting, and audit services for the
Agency.
Legal Services.
4.1
The Agency may obtain legal services from the City Attorney and/or
outside legal counsel as the Agency determines, in consultation
with the City, best meets the needs of the project or issue at hand.
The Agency shall not reimburse the City for legal services
requested of the City Attorney for the period of this Agreement.
Nothing in this Agreement, however, shall prevent the City from
requiring reimbursement from the Agency for these services in
future written agreements. The Agency shall be responsible for the
PAGE 2 - CITY/AGENCY REIMBURSEMENT AGREEMENT, 2004-06
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cost of legal services provided to the Agency by outside legal
counsel.
4.2
If legal services are provided jointly to the City and the Agency, the
City and the Agency will agree on a cost allocation for such
services prior to such services being rendered.
Accountin.q Services.
5.1
The City shall provide all accounting services related to the
Agency's debt service fund and investment of funds pursuant to this
Agreement. Nothing in this Agreement, however, shall prevent the
City from requiring reimbursement from the Agency for these
services in future written agreements. The City will not charge the
Agency for these accounting services pursuant to this Agreement.
Financial Matters.
6.1
Except as specifically provided herein, the City agrees that it will
not make any charge against any Agency account without first
obtaining the approval of the Agency.
6.2
The Agency will cooperate with providing all necessary financial
information to the City for the City to include in its Comprehensive
Annual Financial Report (CAFR).
6.3
The Agency's financial records will be available for inspection by
City at all reasonable times.
Public Improvements.
7.1
The City will act as the lead agency for the purpose of constructing
projects in the urban renewal area, and will be responsible for
project design and engineering, obtaining any planning approvals
and permits, for forwarding payment of any standard fees, and for
construction management for construction projects.
7.2
Projects that will be constructed in the urban renewal area during
the term of this Agreement, consistent with those shown on Exhibit
A, are joint projects of the City and the Agency. The Agency and
the City shall share the costs of these projects according to the
reimbursement schedule in Exhibit A.
7.3
All public improvements constructed by the City and Agency during
the term of this Agreement shall be accepted, owned, and
maintained the City after construction is complete.
PAGE 3 - CITY/AGENCY REIMBURSEMENT AGREEMENT, 2004-06
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o
o
Compensation. Agency shall pay to the City an amount not-to-exceed
$1,597,500 for the services and projects described in this Agreement
during the term of the Agreement. The parties have agreed to a schedule
for Agency's payment for such services and projects, which is attached
hereto and incorporated as Exhibit A. Exhibit A may be amended by
mutual agreement of the parties.
Term and Termination.
9.1
The term of this Agreement shall be effective retroactive to July 1,
2004 and shall continue through June 30, 2006, unless terminated
pursuant to this section.
9.2
Either party may terminate this Agreement at any time by giving the
other party written notice not less than ninety (90) days prior to the
proposed termination date.
DATED this day of ,2005.
WOODBURN URBAN RENEWAL AGENCY
CITY OF WOODBURN, OREGON
Chair
City Administrator
PAGE 4 - CITY/AGENCY REIMBURSEMENT AGREEMENT, 2004-06
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EXHIBIT A
SCHEDULE OF SERVICES, MATERIALS, AND PROJECTS REIMBURSED
BY THE WOODURN URBAN RENEWAL AGENCY - 2004/05 and 2005/06
Reimbursable
UR Consulting Services
Independent Legal Counsel
Audit Services
Downtown Plaza Project
Front Street Reconstruction Project
(Phase I)
Front Street Reconstruction Project
(Phase II)
Maximum Maximum Total
Reimbursement Reimbursement Maximum
2004105 2005/06 Reimbursement
$5,000 $2,500 $7,500
$5,000 $2,500 $7,500
$5,000 $1,500 $6,500
$325,000
$611,000
$325,000
$611,000
$640,000
$64O,000
TOTAL
$340,000 $1,257,500 $1,597,500
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