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Agenda - 06/26/2006 CITY OF WOODBURN URBAN RENEWAL AGENCY JUNE 26, 2006 - 6:45 P.M. KATHRYN FIGLEY, MAYOR WALTER NICHOLS, COUNCILOR WARD J RICHARD BJELLAND, COUNCILOR WARD II PETER MCCALLUM, COUNCILOR WARD III JAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V EUDA SIFUENTEI, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER 2. ROLL CALL 3. CONSENT AGENDA A. Urban Renewal Agency minutes of June 12, 2006 Recommended Action: Approve the minutes. 1 4. GENERAL BUSINESS A. Resolution adopting a budget for fiscal year 2006-07, making 3 appropriations and levying faxes Recommended Action: Adopt the resolution. B. Reimbursement Agreement for Services, Materials and 5 Projects Recommended Action: The Urban Renewal Agency and the City Council approve and authorize, respectively, the Chair of the Agency and the City Administrator to execute the attached reimbursement agreement between the Woodburn Urban Renewal Agency and the City of Woodburn for fiscal year 2006-07. 5. PUBLIC HEARINGS None. 6. PUBLIC COMMENT 7. ADJOURNMENT June 26, 2006 Urban Renewal Agency Page i ".... .,. 3A URBAN RENEWAL AGENCY MEETING MINUTES JUNE 12, 2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 12,2006. CONVENED. The Urban Renewal Agency meeting convened at 6:45 p.m. with Chair Figley presiding. 0010 ROLL CALL. Chair Figley Present Member Bjelland Present Member Cox Absent Member Lonergan Present Member McCallum Present Member Nichols Present Member Sifuentez Absent Staff Present: City Administrator Brown, Finance Director Gillespie, Public Works Director Tiwari, City Recorder Tennant 0038 CONSENT AGENDA. A) approve Urban Renewal Agency Minutes of December 12, 2005. MCCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion passed unanimously. 0068 PUBLIC HEARING: WOODBURN URBAN RENEWAL BUDGET FOR FISCAL YEAR 2006-07. Chairperson Figley declared the public hearing open at 6:48 p.m.. Finance Director Gillespie stated that the Urban Renewal Budget Committee has recommended a budget for fiscal year 2006-07 in the amount of $2,460,000 which provides funding for Debt Service ($1,823,500), Contingency ($294,500), and a Reserve for Bond Indebtedness ($342,000). Projects in the proposed budget include Phases II and III street widening and renovation improvements to Front Street from Cleveland Street north to Highway 214, debt service costs, and reimbursement to the City for special administrative, legal and auditing services relating to the Urban Renewal program. No one in the audience commented on the proposed Urban Renewal Agency budget for fiscal year 2006-07. Chairperson Figley closed the public hearing at 6:50 p.m.. BJELLAND/NICHOLS... draft a budget resolution based on the Budget Committee's recommendation including allowable budget adjustments that do not change the tax levy requirement. On roll call vote, the motion passed unanimously. Page 1 - Urban Renewal Agency Minutes, June 12,2006 1 "."'"!' .,. URBAN RENEWAL AGENCY MEETING MINUTES JUNE 12,2006 TAPE READING 0235 ADJOURNMENT. NICHOLS/MCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 6:52 p.m.. APPROVED KATHRYN FIGLEY, CHAIR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 2 - Urban Renewal Agency Minutes, June 12,2006 2 '''''' .,. ~'. ,. -~- - - -" . '~-_.~ - - ,- ...~..' ... ;':J',_ . -, WOODBURN 1"""I'Df.,,' .'89 4A ~~ . . June 20, 2006 TO: FROM: Urban Renewal Agency Board ~~ ugh City Administrator Ben Gillespie, Finance Director I , f\ , Adoption of Woodburn Urban Renewal Agency's 2006-07 Budget SUBJECT: RECOMMENDATION: That the Urban Renewal Agency Board adopt the attached resolution setting the budget for 2006-07. BACKGROUND & DISCUSSION: On May 20, 2006 the Budget Committee concluded their hearing on the Woodburn Urban Renewal Agency's 2006-07 bUdget and unanimously recommended that the budget document be forwarded to the Board of the URA for the next phase of the budget process. As required by Oregon Budget law, the Board conducted a public hearing on June 12, 2006 to consider a URA budget of $2.460,000. The Board accepted the Budget Committee's recommendation and made no changes. FINANCIAL IMP ACT: The attached ordinance is consistent with the budget policies adopted by the Budget Committee in January 2006. Agenda Item Review: City Administrator City Attorney F. / ~v// !.-1 Inancec~ , 3 .... ,. RESOLUTION NO. 06-01 A RESOLUTION ADOPTI~G A BUDGET FOR FISCAL YEAR 2006-07, MAKING APPROPRIA TIOl'lS AND LEVYING TAXES. THE WOODBU&'l URBAN RENE\V AL AGENCY RESOLVES AS FOLLOWS: Section 1. That the budget for fiscal year 2006-2007 is hereby adopted as set forth below. Section 2. That the budget amounts for the fiscal year beginning July 1, 2006, and for the purposes shown below, are hereby appropriated: DEBT SERVICE FUND: Debt Service Operating Contingency $ 1,823,500 294.500 TOT AL APPROPRIA nONS $ 2,118,000 Unappropriated Requirements: Reserve for Urban Renewal Agency Debt $ 342.000 TOT AL UNAPPROPRIATED REQUIREMENTS $ 342,000 TOT AL 2006-2007 URBAN RENEWAL BUDGET $ 2,460,000 Section 3. That the Woodburn Urban Renewal Agency hereby rcsolves to certify to the County Assessor a request for the Woodburn Urban Renewal Plan Area for the maximum amount ofrevcnue that may be raised by dividing the taxes under Section lc, Article IX of the Orcgon Constitution and ORS Chapter 457. Approved as to Form Legal Counsel Date APPROVED KATHRYN FIGLEY, CHAIR Passed by the Agency Submitted to the Chair Approved by the Chair ATTEST \1ary Tennant, Recorder City of Wood bum, Oregon Page I - Resolution No.06-01 4 ""....' 1t / \. ,,/\ /..AJ'-...o:.."I~~ ~r4 WQ.QQ.!!'Q...~N !ntC'rp"r.1r,J ,Jj8r.J ~~ 4B . . June 26, 2006 FROM: Woodburn Urban Renewal Agency Honorable Mayor and City counci~ John C. Brown, City Administrat~ TO: SUBJECT: Reimbursement Agreement for Services, Materials and Projects RECOMMENDATION: It is recommended that the Urban Renewal Agency and the City Council approve and authorize, respectively, the Chair of the Agency and the City Administrator to execute the attached reimbursement agreement between the Woodburn Urban Renewal Agency and the City of Woodburn for fiscal year 2006-07. BACKGROUND: Urban Renewal law requires tax receipts received by an urban renewal agency to be used to retire debt. Indebtedness can be established by issuing bonds or similar debt instruments, through loans from public or private agencies, or by contractual arrangement. In April 2005, the City Council and Urban Renewal Agency authorized the execution of a reimbursement agreement for fiscal years 2004-06. This established the debt necessary to meet legal requirements. Reimbursements of $1,597,500 were anticipated during the term of the agreement, related to the Plaza Project ($325,000), Phases 1 and 2 of the Front Street Project ($1,251,000), and for administrative, legal, and financial consulting services ($21,500). The Agency reimbursed the City $325,000 for the Plaza, $611,000 for Phase 1 of the Front Street Project and $5,000 for consulting services during the period. DISCUSSION: Tax receipts of $444,000 are estimated to be received in 2006-07. As indicated in the Background, these funds must be used to retire indebtedness. Agenda Item Review: City Administrat~ 5 City Attorney _ Finance .,....,. ,. Honorable Mayor and City Council June 26, 2006 Page 2 . . Since the City and Agency executed the last reimbursement agreement, the Agency issued $1,850,000 in debt, through a private borrowing. Debt service on this amount is $233,000 in 2006-07 In 2006-07, the City will concentrate on two projects: Front Street reconstruction and widening, Phases 2 and 3. The Agency's share of the cost of these projects is $1,584,000, which includes a ten percent contingency. In addition, budgeting for 2006-07 requires the Agency to support the cost of its annual audit and specialized legal and consulting services ($6,500). Expenses will be budgeted in City accounts, and reimbursed by the Agency pursuant to this agreement. Funds necessary to reimburse the City will be provided from the urban renewal funds on hand, including the balance of private borrowing completed in 2005- 06 and tax proceeds for 2006-07. The attached agreement facilitates the Agency's reimbursement of costs advanced by the City for the fiscal year. This is the same agreement format approved by the Council and Agency in 2005 and was reviewed and approved by the City's independent urban renewal counsel. Accordingly, your approval of the attached agreement is respectfully recommended. FINANCIAL IMP ACT: 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 2006-07 of $1,590,500. 6 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: 1. 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 1 - CITY/AGENCY REIMBURSEMENT AGREEMENT, 2006-07 7 .... ,. 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. 1.2 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. 1 .3 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. 2. 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. 3. 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. 4. 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, 2006-07 8 <..,. .,. 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. 5. AccountinQ 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. 6. 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. 7. 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, 2006-07 9 ....' .. 8. Compensation. Agency shall pay to the City an amount not-to-exceed $1,590,500 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. 9. Term and Termination. 9.1 The term of this Agreement shall be effective July 1, 2006 and shall continue through June 30, 2007, 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 June, 2006. WOODBURN URBAN RENEWAL AGENCY CITY OF WOODBURN, OREGON Chair City Administrator PAGE 4 - CITY/AGENCY REIMBURSEMENT AGREEMENT, 2006-07 10 ~" ,.~' .... EXHIBIT A SCHEDULE OF SERVICES, MATERIALS, AND PROJECTS REIMBURSED BY THE WOODURN URBAN RENEWAL AGENCY. 2006/07 Reimbursable UR Consulting Services Independent Legal Counsel Audit Services Front Street Reconstruction Project (Phase II) Front Street Reconstruction Project (Phase III) TOTAL Total Maximum Reimbursement $ 2,500 $ 1 ,500 $ 2,500 $ 803,000 $ 781,000 $ 1,590,500 11 "...,.. T