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Agenda - 06/11/2007 CITY OF WOODBURN URBAN RENEWAL AGENCY JUNE 11, 2007 - 6:45 P.M. KATHRYN FIGLEY, MAYOR W ALTER NICHOLS, COUNCILOR WARD 1 RICHARD BJELLAND, COUNCILOR WARD II PETER MCCALLUM, COUNCILOR WARD III JAMES COX, COUNCILOR WARD IV FRANK LONERGN~, COUNCILOR WARD V ELlDA SIFUENTEZ, 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 26, 2006 Recommended Action: Approve the minutes. 1 B. Urban Renewal Budget Committee minutes of May 19, 2007 Recommended Action: Approve the minutes. 3 4. PUBLIC HEARINGS A. Public Hearing to Consider the Woodburn Urban Renewal 5 Agency's 2007-08 Budget Recommended Action: Conduct a public hearing and receive public comment on the Budget Committee's recom- mendation, including allowable budget adjustments that do not change the tax levy requirement. 5. GENERAL BUSINESS A. Resolution adopting a budget for fiscal year 2007-08, making 11 appropriations and levying taxes Recommended Action: Adopt the resolution. B. Reimbursement Agreement for Services, Materials and 13 Projects Recommended Action: Approve and authorize the Chair of the Agency to execute the attached reimbursement agreement between the Woodburn Urban Renewal Agency and the City of Woodburn for fiscal year 2007-08. 6. PUBLIC COMMENT 7. ADJOURNMENT June 11, 2007 Urban Renewal Agency Page i 3A LRBA~ RENEWAL AGENCY :\lEETING lYlINUTES JUNE 26, 2006 TAPE READ~G ~ DATE. COU:"lCIL CHA:\IBERS, CITY HALL, CITY OF WOODBURi'J, COLNTY OF MARION, STATE OF OREGON, JlJNE 26,2006. CONVENED. The Urban Renewal Agency meeting convened at 6:45 p.m. with Chair Figley presiding. UOIO ROLL CALL. Chair Member Member Member Member Member Councilor Figley Bjelland Cox Lonergan McCallum 0Jichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Finance Director Gillespie, City Recorder Tennant 0017 CONSENT AGENDA. ..\.) approve Urban Renewal Agency minutes of June 12,2006. :\ICCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion passed unanimously" (i(LF) RESOLUTION 06-01 ADOPTING A BUDGET FOR FISCAL YEAR 2006-07. ~lAKING APPROPRIATIONS. AND LEVYING TAXES. ~ICHOLS/:\ICCALLUM... adopt Resolution 06-01 as presented. On roll call Yote, the motion passed unanimously. IIII-:"h REL\IBLRSE:\IENT AGREEME~T FOR SERVICES. :\'IATERIALS. AND PROJECTS FOR FISCAL YEAR 2006-07. Staff n.:commended the approval and authorization to sign a reimbursement agreement \\ ith the City \vhich will reimburse the City for payments made out of City funds for "tb.m rc.:nc\\,;ll projects and lIliscdbneoLls c:<..pcnsc:s since State law requires urhan rCl1c\\ al revenues recci \"{~d arc to be used for debt retirement such as bonds, loans, or contuctual anangcmcnt. BJELL,\:\D,<'IICHOLS... approve and authorilc the Chair of the ,\gency and the City \Jministrator to cxecute the attached reimbursement agreement between the Woodhunl I "lh~\I~ RL"t1c.:\\;.ll Agency ~\t1d the Citv ,)1' Woodblllll ilJ!' tiscal year 2,i)(J()-IJ7. ;>'" il-\lli')IlI)aS~cJ lllUililllUllSl> :).I::;C I - \.ll'.tt1 Rcne\\ al Agency \Iil111tcs, June 2,(l, 200t) 1 VRBAN RENEWAL AGENCY MEETING MINUTES JUNE 26, 2006 rAPE READING ~)} 08 ADJOL'RN'IENT. :"lICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. Thc meeting adjourned at 6:50 p.rn.. APPROVED KATHRYN FIGLEY, CHAIR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon : J l ~L ::. - l rhan R:n c\\ a I . \:;cnc y \ [i l1utcs, J llnc 26, 20()() 2 3B t:RBAN RENEWAL BUDGET COMMITTEE MINUTES May 19, 2007 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF \-lARION, STATE OF OREGON, MAY 19,2007. CO:"lVENED. The Budget Committee met at 9: 14 a.m. with Chairman Milne presiding. ROLL CALL. Alma Grijvala Don Judson Stan \;l11ne Rene Perez John Rcinhardt Cindi Vetter Absent Prcsent Prcsent Absent Prescnt Absent Richard Bjclland Jim Cox Frank Lonergan Pcte McCallum Walt Nichols Elida Sifuentez Prescnt Present Absent Prcsent Present Absent Staff Present: City Administrator Brown, Finance Director Gillespie, Police Chief Russell, Public Works Director Tiwari, Community Services Director Row, Community Development Allen, City Recorder Tennant Also prcsent: Mayor Figley Tape 1 Side A 13.5 PUBLIC HEARING ON URBAN RENEWAL BUDGET FOR FISCAL YEAR 2007- 2008. Chairman Milne declared the hearing open at 9: 15 a.m. for the purpose of rcceiving public input on Woodburn's Urban Renewal budget. Administrator Brown read his Budget Mcssage on the proposed budget for fiscal year 2007- 08 tn the amount of$2,375,695 which is 3.4% less than fiscal year 2006-07. He statcd that this is a debt service budget which will reimburse the City for the Agency's share of the completion of the Front Street improvement project in addition to supporting debt service payments, maintaining the required reserve for debt service, reimbursing the City for administrative costs, and provide for a small contingcncy. It is anticipatcd that thc Urban Renc\Val District will rcceive approximately $493,000 in tax revenues during fiscal year 2007-08. It was also noted that project budgets for urban rcnewal will not be adoptcd until such time as the borrovving capacity increases in future years. He provided an overview of projects proposed to be completed with more detailed information on issues surrounding the Front Street improvement project which included funding issucs relating to the undcrgrounding of utility lines. (\)mmittee mcmber Cox stated that the budget message provided an overall explanation on the urban rene\\ al budget and the rC3son for the simplicity of this budget versus the regular City budget. Administrator 81'0\\ n stated that he has only been providing this budget information at the lime of the hearing since it has lmly in\oh'ed debt senice. HO\\<..'hT. next year he ,ulticinaks h~l\ in~ a ('clniul II111,rl)\ Clllent Pl:tn as l,art ot' the dUClll1lCllt and will il~cl:,klc ,U1 I '--' I ,\:,jen() \\"\lrkshop as part ufthe hudget process follo\villg the regular City hudget C!P '.\ \lrk~hup. IJ,lgC 1 - l I hall Relle'.\ all:3udget (\m11l1Ittee \Iinutes. \lay 19, 2(1()7 3 URBAN RENEWAL BUDGET COMMITTEE MINUTES May 19, 2007 :'\0 onc in thc audicnce commentcd on the proposcd Urban Rencwal budget for fiscal year 2007 -08. 273 REINHARDT/NICHOLS... recommend to the Urban Rencwal Agency approval of the fiscal year 2007-08 Urban Renewal budget in the amount of52,375,695. The motion passed unanimously. :"lICHOLS/BJELLAND.... budget hearing be closed and meeting adjourned. The motion passcd unanimously. The meeting adjourned at 9:25 a.m.. John Reinhardt, Secretary t\.linutcs prepared by: Mary Tennant, Recorder City of Woodburn, Oregon !)a~e.2 - lrb~lI1 Rene\\al BlIdgd Cummittee \lil1l1kS, \lay ]l), 21)07 4 .It. .:::."-~[['~"~~ ~~~.d4 ~~~~~~~ WQ.Q.Q~lL~N , " , " I !' ~' r .: I " ,i f b ". .J ~~ 4A . . June 11, 2007 TO: FROM: Mayor and City Council through J:)Y Administrator Ben Gillespie, Finance Directornry: SUBJECT: Public Hearing to Consider the Woodburn Urban Renewal Agency's 2007 -08 Budget RECOMMENDATION: Conduct a public hearing and receive public comment on the Budget Committee's recommendation, including allowable budget adjustments that do not change the tax levy requirement. BACKGROUND: On May 19, 2007, the Budget Committee concluded a hearing on the Woodburn Urban Renewal Agency's 2007-08 budget and unanimously recommended that the budget document be forwarded to the Board of the Urban Renewal Agency for the next phase of the budget process. As required by Oregon Budget Law, the notice of this hearing date, along with the financial summary, was published in The Woodburn Independent on June 6, 2007. The financial summary documents an Agency budget totaling $2,375,695. DISCUSSION: No changes to the Budget Committee's Recommended Budget are proposed. FINANCIAL IMPACT: The proposed budget is consistent with the budget policies adopted by the Budget Committee in January 2007. Agenda Item Review: City Administrator .- Sc~-::/'- City Attorney -f\./ l '5 '/J . / \;1 "I' Finance ..f-..-L:.' .., 5 ~' -"~ -',' - ~ , ,~,,'.:,~/';\1ia._. '\, r. ..... , ",""" "''''''",~ rL'.l.J:lI~.- . ~ cu ...-oIiC]i- -~Ii (, , . - 4- . '.( ~, '.-[1 rr- WOODBURN ORE G 0 N I n cor p 0 rat e d ,1 8 8 9 May 19, 2007 Urban Renewal Agency Budget Committee 270 Montgomery Street Woodburn, OR 97071 RE: ProDosed Urban Renewal Budeet for 2007-08 Ladies and Gentlemen: Presented for your approval and recommendation to the Woodburn Urban Renewal Agency is the proposed Urban Renewal budget for 2007-08. The recommended budget of$2,375,695 represents a decrease of $84,305 (3.4%) from the revised budget for 2006-07. The budget will reimburse the City for the Agency's share of completing the Front Street improvement project. The budget also supports debt service payments for the borrowing transacted in 2005-06, maintains a required reserve for debt service, reimburses the City for administrative costs, and includes a small contingency. Statute requires the Agency to expend funds for debt service. Except for the small amount reserved for contingency, and a reserve maintained for debt service but accounted for in a separate object, this budget is a debt service budget. The Front Street project is a joint City/Agency project, budgeted in the City's Capital Plan. The Agency reimburses the City for its share of costs. Reimbursements are made in accordance with an agreement between the City and the Agency. Debt was contractually established between the City and the Agency and will be reestablished prior to June 30, 2007 for another year. Because the tax increment received on an annual baSIS was insufficient to fund projects on a pay-as-you-go basis, the Agency borrowed S 1.85 million in 2005-06 to complete Front Street. A debt service payment of $228,000 is included in thiS budget. 5342,000 morc is set aside as a debt service reserve, pursuant to the bl)ITowing agreement. :\0 project budgets are recommended for 2007 -08. The Agency will adopt project budgets as borrowing capacity im.:n;ases in future years. Because the Agency is currently involved in only unt; project, and becausc decisions remain to be made rcgarding projccts to be undertaken in the funlre, no Capital budget or CIP plan is prcsentcd for 2007-08. This is the last year this budget '\ III be so clbbrevi..lted. :\ downto\vn plan is being compkted, \v hich will rccommend projeds ~hat \vill form d:e OdSIS for the Agency's SIX-year capital pl:1ns beginning in 20m~-()l) anJ ,l1l1tlnUlI1g tl1rl.lu::;h the life ufthe program, rhe Do\Vnto\'o\1 Plan is schedukd to be tinisheJ in -;cptcmbcr 2CiU-:-. \Vhen it IS, :.tndc\dJltiunal tinaneial analysis rebted to Jebt timing is dune, ,\ ,-,)l11pn:hcn~l\C .\.::Sency ;}Udgd .1llJ ":clpitallmprovement plJl\ C,\l1 be devdoped. LHtiL": c.t tih.' (it\' ,\dl.:l1nistr..Hor '. . '~-:"-~i.".(~,,"';""~":',~,'<~~ f'_'~ ....,. r_. .....-.z:.~ -:,-. .: ~~l-; ~ ,'~":;,~~"~."~.:':.:.f Yii:,:'; .'{F'#::.~'_~:.J:;!'~*.,;..-:':~\ 6 This budget includes $1,760,000 for the Front Street project, which is $176,000 more than was approved in 2006-07 and increases by more than $600,000 the Urban Renewal Agency's total contribution to the project. In theory, these monies are available to be used on the project. The Crban Renewal plan anticipated funding sidewalk work on Highway 214 that was or will be tinanced from ODOT sources. The Plan also included a new connection from Front Street to Highway 214, which will probably not be built due to wetland and engineering constraints. The Plan may also include a larger City share in the widening of Highway 214 than will be required. The Plan represented a snapshot of renewal need in time and is not controlling on a project-by- project basis. The Agency can dedicate funds to projects that are not in the Plan if those projects tit into the expenditure categories outlined in the Plan, and the Agency can dedicate more or less funding to projects identified in the Plan than was originally estimated based on changing needs and priorities. In reality, however, reprogramming monies to the Front Street project delays the availability of monies for other uses, such as commercial rehabilitation or housing projects. Front Street was planned as a three-phase project to underground overhead utility lines, widen and replace pavement, and install curbs, gutter, sidewalk, lighting and landscaping from Settlemier A venue to the high school. Project costs were originally estimated at $2,600,000, with an Agency share of $2,051,000. Public Works eIP funds, Traffic Impact Fees (TIFs), Economic Development loan monies and, potentially, local improvement district funding rounded out sources needed to build the project. Phase I, from the Settlemier intersection to Cleveland Street, was completed in 2006 at an Agency cost of $611,000 and a total cost of 5925,000. Phase II was intended to underground utilities between Cleveland Street and Hardcastle A venue and in the adjacent alley, and complete streetscape work. Phase III, from Hardcastle Avenue to the high school, was intended to underground utility lines, renovate and widen the roadway, and install curbs, gutter, sidewalk, lighting, and landscaping. Project costs for the final two phases were revised in 2006-07 from the original estimate of nearly $1. 7 million to $2.3 million, The Agency's share was increased $140,000 to help offset this increase. Additional City revenue sources were also dedicated to the project to make up the difference. During 2006-07, as project engineering and discussions with Portland General Electric (PGE) progressed, it became clear that changes to the scope of work are required, which further and dramatically increase project costs. These include the need to reconstruct existing Front Street :-,idewalk~ to replace sidewalk on side-streets resulting from unanticipated utility undergrounding in those locations; additional sections that must be undergrounded on side-streets due to PGE's system configuration; PGE's system conversion charges~ and grade changes through the Hardcastle Strcet intersection. These changes incrcase the estimated cost of the project to '54,091,600, Staff identified funds to address cost increascs, including raising the total urban renewal share of the project, tapping into STP Exchange monies, drawing from gas-tax resurfacing funds, increasing the use of TIFs to allO\\oablc limits, and sceking a CDBG grant. Together, these ..,upport approximately 53.1 million of the cstimated 54.1 million cost. To fund the remainder, staff proposcd grant funding, and rcquiring PGE to absorb 5500,000 through forced undergrounding. .~s I write this message, staff is preparing an application for 5300,000 in CDBG funding and has applied for a 5250,000 Immeuiate Economic Opportunities grant from the State of Oregon. The City Council has also adopted an ordinance establishing a process for t'orming undcrground utility districts, the tirst step in the forced utility undcrgrounding process. n~csc snurC2S still k~l\'e a funding gap of approximatdy 5250,000 which may be closed through ,,~JitlUn.d ;:!,Ll,1t ,-'ppurtun,tics. ur '.1;111(11 .:an bc closed by dedicating additional urhan renewal \l,d .:;t)' hllldtng l() the prujCd If It \s c,-ttndcd ll1to 2UO~-()9. The City Council \\ dl SO,Jn :2 '_ ",' ~\ I ii P,_' 11r......t . j / 7 conduct a public hearing to decide whether it will require PGE and the utilities sharing their poles to participate in the cost of utility undergrounding. The Council will weigh the benefits of undergrounding carefully, as a forced conversion will allow some of these utilities to pass their costs on to rate-payers. In the alternative, the Council may decide to forgo undergrounding on a portion of North Front Street, to reduce project costs by an amount that eliminates the use of forced undergrounding as a financing mechanism. In either case, amounts included for the project in this year's urban renewal budget will not change. At the five year mark, there may be temptation to feel that urban renewal has not done enough to change the appearance of the downtown. It's important to remember that urban renewal is an incremental process. Changes occur one at a time, over time. Urban renewal requires time to build momentum, and it builds momentum in two ways. First, tax increment increases gradually, until a borrowing can be supported. Then work is done. While that work is being done and that debt is being serviced, funding increases to build capacity to borrow again so more work can be done. And so on. Depending on cost, one project, such as Front Street, may be all an urban renewal agency can afford for a period of years. So it is important that agencies select projects carefully, to have the greatest positive influence on private investment. Our Agency has done this, thus far. The Downtown Plaza created a city-center where none existed, and has had a positive influence in upgrading the appearance of surrounding businesses. The Plaza is viewed as a pivotal asset and a key attractor to mixed use development in the Downtown Plan that is currently being drafted. Likewise, the Front Street project is integral to providing easy access to the Downtown; necessary if more people are going to live in the area, and if businesses there are to thrive. Second, private investment must take root, and grow. Urban renewal will not succeed if the Public is the only actor. The Public's role is to invest in projects that foster private investment. This means providing infrastructure: streets, utilities, and open spaces - the things public agencies do best; and the creation of incentives to entice private investors who would otherwise look elsewhere to generate returns on their investments, until such time as those incentives are no longer necessary because increasing property values and enhanced economic vitality are investment incentive enough. Ultimately the success of urban renewal relies on private mvestment, willingness to invest in properties and business ventures, the amount or timing of \vhich cannot be accurately predicted. .. l. t',".- The projects the Agency undertakes and the programs it implements must generate the maximum private investment in the urban renewal a~. This is why a thoughtful and thorough development strategy, in the form of a downtown plan, is so important. Staff is making a concerted effort to \vork with the consulting team and the cummunity to prepare an implement- ~ble plan that addresses all of the factors that influt:nce private investment in, and the vitality of, :.l uowntown: traffic circulation, parking, housing mix, development opportunities, design ~<:4ulrements. p~Htnashlps, incentives and financing options. business development, and marketlllg. I ,1m excited <1bout this study, and 3m looking fOf\vard to its completion and the [Jositivl: dIeet it \"ill have on \Voodburn's urban r~newal program. In the meantime, I am pleased to pn:scnt this budget to yOU, <1nd look fOr\vard to answering any questions you may have ["cg::lrding it. leu 3 C'rl1diZ Rr:,lj'C",I/,;i 8 URBAN RENEWAL DEPARTMENT: URBAN RENEWAL DIVISION: DEBT SERVICE FUND: DEBT SERVICE PROGRA~t DESCRIP'IION This program n:pays the urban Renewal Agency's debt obligations. Statute requires that urban renewal funds be expended to support debt service. Revenues derived from property tax increment support the fund. Urban renewal agencies do not have permanent tax rates; they obtain funding through tax increment financing. Tax increment financing allocates revenues to an agency based on the amount of the urban renewal area's excess or "incremental" value, the amount of assessed value above a base value that was frozen at a specific point in time. Woodburn's Urban Renewal frozen base value is based on the 2001 tax year. Urban renewal does not place an additional burden on taxpayers. Rather, it shifts existing tax growth to the Agency from the taxing entities that would have otherwise continued to receive it had the Agency not formed. In Woodburn's case, these entities include the City of Woodburn, the County of Marion, the Woodburn School and Fire districts, Chemeketa Community College and the Chemeketa Cooperative Regional Library Service, and the Willamette Special Education District. Pursuant to State Law, the State of Oregon "backfills" on an annual basis the amounts shifted away from the School district. Proceeds for 2007-08 are estimated at $493,000. Debt obligations for 2007-08 are established in two ways: by contractual arrangement with the City of Woodburn, for charges associated with audit, legal, and consulting services and for the Front Street project; and for debt service of a $1,850,000, ten-year, obligation entered into with Bank of America during 2005-06. PROGRAM Fl;'llA:"lCIAL SUMMARY Obiact CldSS 2004-05 2005.06 2006-07 2006-07 2007 -08 2007.08 Change Change Expended Expended Amended Yr End Est. Baseline Reeom'd ($) (%) Debt Service 285,947 806,758 1,823,500 520,000 1,999,500 1,999.500 176,000 9.65% Equity 0 0 636,500 0 376,195 376,195 -260,305 -40.90% TOT AL EXPENDITURE 285,947 806,758 2,460,000 520,000 2,375,695 2,375,695 -84,305 -3.43% RECOM:\IE~DED BUDGET The recommended budget of S2,375,695 for 2007-08 represents a decrease of S84,305 (3.4%) from the revist:d budgt:t for 2006-07. The Debt Service Budget of 51,999,500 increases 9.7 percent over 2006-07 and reflects budgeting for the Front Street widening and renovation project (51,760,000). This budget also supports the cost of servicing the debt incurred in 2005-06 to borrow funds to pay for rene\val t)roj~cts (522X,OOO) and r~imburscs the City for special administrative, legal, and auditing ~I.:r'v ices supportmg the urb:m r~newal program (56,500). FqUlty Il)r :UO-:" .O~ induJes :.l S3-1-2,000 rcsef\.e for bond indebtedness and a Contingency uf ')3-1-.[95. rhe rcsern: fur bunJ inJebkJness r~pn:sents 150 percent of the maXlmum debt sef\.ice .tmount. :.ll1J is r":lJ.uired pursu::mt the .\,;cncy's agreement \vith B:ll1k of America. Contingencies 4- :_~rlt.11l R~l:":',L'.ij 9 represent the amount of funding on hand after 2007 -08 obligations are met. The budgeted amount will be reduced in future years, as additional debt, related to new projects and programs, IS incurred. POLICY ITEMS (Recommended) ~ $1,760,000 in Debt Service increases the Agency's share of Front Street improvements, from Cleveland Street to the High School including undergrounding utili~ lines, renovating and widening the roadway streetscape, and renovating and installing curbs, gutters, and sidewalk, and installing landscaping and lighting. ~ $6,500 in Debt Service maintains the Urban Renewal Agency's share of the cost of a citywide audit ($2,500), and consulting services associated with project planning and financing (2,500) and specialized legal services ($1,500). 5 C.;:!\ll/ R':II';I.\,,,j 10 /-, , /;-:...~~~~ .;~~;,mn.d., WQQDBURN 1!I;Ofr~,~"J f'~~ ~~5A . . June 11, 2007 SUBJECT: Urban Renewal Agency Board InOUgh City Administrator Ben Gillespie, Finance Director /4..jJY1 Adoption of Woodburn Urban Renewal Agency's 2007 -08 Budget TO: FROM: RECOMMENDATION: That the Urban Renewal Agency Board adopt the attached resolution setting the budget for 2007-08. BACKGROUND & DISCUSSION: On May 19,2007 the Budget Committee concluded their hearing on the Woodburn Urban Renewal Agency's 2007-08 budget and unanimously recommended that the budget document be forwarded to the Board of the U RA for the next phase of the budget process. As required by Oregon Budget Law, the Board conducted a public hearing earlier this evening to consider a URA budget of $2,375,695. 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 2007. -\ 1 , ! l City Attorney i ~ l) " '" Finance! ~ I , ,Agenda Item Review: City Administratof ~ 11 RESOLUTIO~ NO. 07-01 A RESOLVTION ADOPTING A BUDGET FOR FISCAL YEAR 2007-08, MAKING APPROPRIATIONS AND LEVYING TAXES. THE \VOODBVRN LRBAN RENEWAL AGENCY RESOLVES AS FOLLOWS: Section 1. That thc budgct for fiscal year 2007 -2008 is hcrcby adopted as set forth helow. Section 2. That the budgct amounts for the fiscal year beginning July 1, 2007, and for the purposcs shown below, are hereby appropriatcd: DEBT SERVICE FUND: Debt Service Operating Contingcncy $ 1,999,500 34.195 TOTAL APPROPRIATIONS $ 2,033,695 Unappropriated Requirements: Reserve for Urban Rcncwal Agency Debt $ 342.000 TOTAL CNAPPROPRIATED REQUIREivlENTS $ 342,000 TOTAL 2007-2008 URBAN RENE\VAL BUDGET $ 2,375,675 Section 3. That the Woodburn Crban Rcnewal Agency hercby rcsolvcs to certify to the County ..\sscssor a rcquest for the Woodburn Urban Renewal Plan Area for the maximum amount ofre'vcnuc that may he raised by dividing the taxes under Scction lc, A11icle IX ofthc Oregon Constitution and ORS Chapter 457. "J""'\ ,- ) '.J~ I ,....pprovcd as to Form . . I -/ " I Legal Counsel ) (0"- 0_' (;,' I ~ .-/ - ./c ~ )- Datc APPRO\ ED KA THRY:\ FIGLEY, CHAIR P ,t:i:,cd h: the . \~CI1(: S,lhmntLd to the ChaIr .\pprU\cd hy thc Chalf \ i i[~ r \ Llr\ l( \,,11 Lil1t , Recorder ('it:, II t' \Yl)odburn, Orcgon jlJ::;e 1 - R\.'S\lk iun '\0.1 J:-() 1 12 ( ~:"'''-il~~:4 . '.. ,r.:. ~ t . WQ.Q.Q!il1J~N 58 ~~ i 'I , J , ;.' .- , ,! . (,/ I.~ ~ '1 . . June 11, 2007 FROM: Woodburn Urban Renewal Agency Honorable Mayor and City Council . 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 2007-08. BACKGROUND: Jr RE- -\ewallaw requires tax receipts received by an urban renewal agency .J e usee. to re ;Ire debt. Indebtedness can be estaolished 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. In June, 2006, the agreement was extended for one additional year, through June 30, 2007. DISCUSSION: Tax receipts of $493,000 are estimated to be received in 2007-08. As indicated in the Background, these funds must be used to retire indebtedness. 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 $228,000 in 2007-08. .J ,. .' ~ I, City Attorney L- i Agenda Item Review: .1 I City Administrat()J/- u,__ Finance / ,f :>)'/ 13 Honorable Mayor and City Council June 11, 2007 Page 2 . . In 2007-08, the City will concentrate on completing the Front street reconstruction and widening project. The Agency's share of the cost of these phases of the project was increased to $1,760,000. Budgeting for 2007-08 also requires the Agency to support the cost of an annual audit, and specialized legal and consulting services ($6,500). Expenses continue to 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. 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 2006. 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 total for Fiscal 2007-08 of $1 ,7 66,500. 14 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 P,""uE 1 - CiTY/AGENCY REli,1BURSE\lENT AGREEi,lENT, 2007-08 15 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. Leqal 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 P,'..::;r:: 2 - Gin, AGE.'.cY REii,:BURSE~,1EI'4T AGREE,\lENT, 2007-08 16 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. P~uE 3 -- CITY'AGENCY REI~.lBURSE~;lE~JT AGREEr-..1ENT, 2007-08 17 8. Compensation. Agency shall pay to the City an amount not-to-exceed $1,766,500 for the services and projects described in this Agreement during the term of the Agreement. Payment shall be for the amounts actually expended by the City for the services and projects listed on the 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, 2007 and shall continue through June 30, 2008, 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, 2007. WOODBURN URBAN RENEWAL AGENCY CITY OF WOODBURN, OREGON Chair City Administrator PAGE 4 - CITy/AGENCY REIMBURSEMENT AGREEMENT, 2007-08 18 EXHIBIT A SCHEDULE OF SERVICES, MATERIALS, AND PROJECTS REIMBURSED BY THE WOODURN URBAN RENEWAL AGENCY - 2007/08 Reimbursable Maximum Reimbursement UR Consulting Services Independent Legal Counsel Audit Services $ 2,500 $ 1,500 $ 2,500 Front Street Reconstruction Project (Phases II and III) $ 1,760,000 TOTAL $ 1,766,500 19