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Agenda - 08/08/2005CITY OF WOODBURN CITY COUNCIL AGENDA AUGUST 8, 2005 - 7:00 P.M. KATHRYN FIOLEY, MAYOR WALTER NICHOLS, COUNCILOR WARD 1 RICHARD BJELLAND, COUNCILOR WARD II PETER MCCALLUM, COUNCILOR WARD III JAMES Cox, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V EUDA $1FUENTEZ, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET J CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. Music in the Park presents Klm Angelis & Jos6f on August 9, 2005 and Estella & Alberto on August 16, 2005. Both performances begin at 7:00 p.m. Bo Walt's Run will be held on August 13, 2005, 8:00 a.m., at Centennial Park. Registration forms can be obtained at the Aquatic Center. C. A public hearing regarding the sale of 202 Tout Street will be held on August 22, 2005 at 7:00 p.m. Appointments: None. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. "Ha~ra int~rpretes ~isponi6[es para a~b,[[as personas q~e no ~ab[an Ing[~s/ pre~J|o acvter~o. Gom~4tfiqviese a{ (5o3) 980-2485." August 8, 2005 Council Agenda Page i 5. COMMITTEE REPORTS e Be e 10. 11. Chamber of Commerce Woodburn Downtown Association Woodburn School District COMMUNICATIONS None. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. ke Woodburn City Council minutes of July 25, 2005, regular and executive sessions Recommended Action: Approve the minutes. TABLED BUSINESS None. PUBLIC HEARINGS ke Community Development Block Grant Application Public Hearing Recommended Action: Conduct a public hearing, receive public comment, and direct staff to submit, in cooperation with the Marion County Housing Authority, a Community Development Black Grant application. 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 port/on of the Council's agenda. Comment time may be limited by Mayoral prerogative. Council Bill 2584 - Resolution declaring the City's Intent to reimburse expenditures for local Improvement projects with the proceeds of future Issues of bonds or obligations Recommended Action: Adopt the resolution. 9 16 August 8, 2005 Council Agenda Page ii 12. 13. 14. 15. Be Acceptance of Property Dedication - Kathryn's Estates Subdivision (Case No. 04-01) Recommended Action: Authorize the City Administrator to accept the property dedication of "Tract A" as shown on the preliminary plat of Kathryn's Estates Subdivision from Sage SG, Inc. to the City of Woodburn. Ce Intergovernmental Agreements with Marion County Recommended Action: Authorize the City Administrator to sign intergovernmental agreements (IGAs) with Marion County for: (1) Plumbing and Electrical Program Support and (2) Structural/Mechanical Inspections and Plan Reviews once the language of the IGAs has been finally agreed upon. Intergovernmental Agreement for School Resource Officer Recommended Action: Authorize the City Administrator to sign an agreement with Woodburn School District for School Resource Officer services. UPRR Pipeline Crossing Agreement Recommended Action: Authorize the City execute a Pipeline Crossing Agreement with Railroad. Administrator Union Pacific Fe Liquor License Change of Ownership Recommended Action: Recommend to the OLCC the approval of a change of ownership application for Fonzi's Deli. NEW BUSINESS 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. CITY ADMINISTRATOR'S REPORT MAYOR AND COUNCIL REPORTS 19 21 32 37 49 August 8, 2005 Council Agenda Page iii 16. EXECUTIVE SESSION 17. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (1)(h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1) (f). To review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing pursuant to ORS 192.660 (1)(i). ADJOURNMENT August 8, 2005 Council Agenda Page iv 8A TAPE READING O001 COUNCIL MEETING MINUTES JULY 25,2005 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 25, 2005. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 O049 ROLL CALL. Mayor Figley Present Councilor Bj elland Present Councilor Cox Present (7:30 pm) Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Park & Recreation Director Westrick, Police Chief Russell, Interim Community Development Director Zwerdling, Finance Director Gillespie, Associate Planner Richling, City Recorder Tennant ANNOUNCEMENTS. A) Music in the Park: 1) Men of Worth - Library Park, July 26, 2005 beginning at 7:00 p.m.. 2) Koral Jam - Library Park, August 2, 2005 beginning at 7:00 p.m.. B) Mayor's Cup Golf Tournament will be held at the Senior Estates Country Club on July 29, 2005 with a shotgun start at 1:00 p.m.. C) 22nd Annual National Night Out will be held on Tuesday, August 2, 2005 from 6:00 p.m. until 10:00 p.m.. Neighborhood groups wishing to participate in this annual event are asked to register with the Police Department by July 31st. The Mayor reminded the public that she and Councilor Sifuentez will be visiting some of the neighborhoods on the registered list. D) 41st Annual La Fiesta Mexicana will be held August 5-7, 2005 at Legion Park. A parade will be held on August 6th beginning at 12:00 noon from Settlemier Park to Legion Park. E) Walt's Run will be held on August 13, 2005 beginning at 8:00 am at Centennial Park. This annual event is a 5K nm or walk, or a 1 mile walk and interested participants can register at the Aquatic Center. Mayor Figley also acknowledged the recent passing of former 4-term Mayor Walt Lawson who was an inspiration and mentor to many people over the years. She stated that he had very high personal standards combined with a concern and respect for other people. She called for a moment of silence in his memory and honor. Page I - Council Meeting Minutes, July 25, 2005 ! TAPE READING 0207 COUNCIL MEETING MINUTES JULY 25,2005 PRESENTATION: CERTIFICATE OF APPRECIATION FOR THE CITY'S MARION COUNTY FAIR 2005 EXHIBIT. Mayor Figley stated that Woodbum was the winner of the "City Display" Grand Prize at the North Marion County Fair. She presented Donna Gramse with a Certificate of Appreciation who was instrumental in putting together the poster board pictorial which was supplemented by a display of numerous items representing City businesses, history, and cultural diversity. 04lQ CHAMBER OF COMMERCE REPORT., Nick Harville, Chamber Executive Director, stated that the Chamber is on schedule for having a sott opening of the Visitor Center on August 1st with the Grand Opening scheduled for August 9t~ at 10:00 a.m.. The Chamber also held a Brand Identity workshop last week to create a Brand Identity for the region in order to cross-sell each others communities and give visitors more reason to stay in our area. He stated that the Chamber has submitted a request to the City to reallocate some of the Transient Occupancy Tax grant funds to offset some of the hard costs of opening the Visitor's Center. Mayor Figley expressed her opinion that the Visitor's Center at Woodbum Company Stores is an obvious place to be located and well-worth reallocation of funds. 056~ PRESENTATION: WOODBURN ROTARY CLUB. Alma Grijalva, President, stated that the Rotarians would like make Warzynski Plaza as this year's community service project and presented a check to the City in the amount of $5,000 towards the gazebo project. She stated that they are very excited about the work that is being done at the plaza and hoped their contribution will help towards the completion of the project. Mayor Figley thanked the Rotarians for their contribution to this project. 0710 CONSENT AGENDA. A) approve the regular and executive session minutes of July 11, 2005; B) accept the Planning Commission minutes of June 23, 2005; C) accept the Library Board minutes of July 13, 2005; D) accept the draft Recreation & Park Board minutes of July 12, 2005; E) receive the report on Claims for June 2005; and F) receive the Summer Water Use report. Councilor Lonergan referred to the Recreation and Park Board minutes of July 12, 2005 and brought to the public's attention that the Park Board will begin discussing the possible dismantling of Legion stadium at their August 9, 2005 meeting when discussing the Legion and Centennial Park Master Plans and public participation is encouraged. MCCALLUM/LONERGAN... adopt the Consent Agenda as presented. The motion passed unanimously. Page 2 - Council Meeting Minutes, July 25, 2005 2 COUNCIL MEETING MINUTES JULY 25,2005 TAPE READING Public Works Director Tiwari stated that the water supply for domestic use is very good and two new functioning water wells were added to the City's pumping capabilities. He encouraged residents to be cautious on water usage for watering lawns and other non- domestic use especially on very hot days. Watering lawns should be done in the late evening / early morning hours since it takes less time during those hours for the soil to absorb the water. He also stated that staff continues to work on cleaning the water reservoirs, therefore, the treated water is not on-line yet but will be later this year. 1120, COUNCIL BILL NO. 2581 - ORDINANCE LEVYING ASSESSMENTS FOR 1238 IMPROVEMENT OF BOONES FERRY ROAD FROM GOOSE CREEK TO HAZELNUT DRIVE. Councilor S ifuentez introduced Council Bill 2581. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor McCallum stated that he is a resident within the local improvement district, therefore, he was declaring a conflict of interest due to a financial interest and he would not be participating in the discussion or voting on this issue. Councilor Lonergan stated that he was not in attendance at the last meeting, however, he had read the staff report and the minutes from the public hearing. Hc felt that he was well versed on this issue and would be voting on the bill. On roll call vote for final passage, the bill passed 4-0 (Councilor McCallum did not participate or vote). Mayor Figley declared Council Bill 258 ! duly passed. COUNCIL BILL NO. 2582 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY FOR VARIOUS TYPES ROAD MAINTENANCE AND ENGINEERING SERVICES. 1305 Council Bill 2582 was introduced by Councilor Sifuentez. The bill was read 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 2582 duly passed. COMMUNITY DEVELOPMENT DIRECTOR VACANCY. Administrator Brown stated that he had accepted the resignation of former Director Mulder and, during the interim, he has appointed Senior Planner Zwerdling to fill the Director's position. With the complexity of Periodic Review, he recommended that the Council allow him to ask consultant Greg Winterrowd, Winterbrook Planning, to take the lead role on this project separate of anything else the department may be dealing with in the way of current planning or zoning ordinance amendments. He also recommended that an Executive Search firm be utilized to conduct a wide-spread recruitment of candidates for this key senior-staffposition. The estimated cost for this service is $25,000. If the Council follows his recommendation, then a budget transfer from operating contingency would be necessary to pay for this unanticipated expenditure. He stated that there would be some salary savings generated over the next few months through the absence of the Page 3 - Council Meeting Minutes, July 25, 2005 3 COUNCIL MEETING MINUTES JULY 25,2005 TAPE READING 1800 Director but most of those savings were used to pay for leave payouts and the remaining amount will be used for consulting services and some pay adjustment for the interim appointment of the Senior Planner to Director. Councilor McCallum stated that an Executive Search can be extremely time consuming and he feels that a nation-wide search would be beneficial to the City. His experience with these finns have resulted in a thorough recruitment process and he was in favor of the Administrator's recommendation. Councilor Lonergan expressed his opinion that this was a key executive position and was also in favor of utilizing an executive search finn. Administrator Brown briefly reviewed the role the search firm would assume as part of this process and, since this is not a charter position, he would make the hiring decision contingent upon Council approval just like any other department head position he would be filling. Additionally, the person to be hired into this position would enter into an employment contract with the City. (Councilor Cox arrived at the meeting at 7:30 p.m.) Councilor Bjelland stated that an Executive Search firm is also a source for contacting qualified individuals who might not be looking for a job, therefore, they tend to reach a much larger and more qualified pool of applicants. He felt that it would be a wise investment on the part of the City to increase the candidate pool. Mayor Figley agreed with comments made by the Councilors since her experience has resulted in search finns being able to find candidates with more depth. Administrator Brown stated that it will take about 4 months to complete the process. BJELLANDfMCCALLUM... authorize the City Administrator to solicit proposals from Executive Search firms to conduct a recruitment to fill the Community Development Director position. The motion passed unanimously. 2016 COUNCIL BILL NO. 2583 - RESOLUTION TO APPROVE TRANSFER OF OPERATING CONTINGENCY FUNDS. Council Bill 2583 was introduced by Councilor Sifuentez. Recorder Tennant 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 2583 duly passed. 2116 LEGISLATIVE AMENDMENT 05-01 (WOODBURN 2005 COMPREHENSIVE PLAN UPDATE) - ADDITIONAL WRITTEN TESTIMONY AND STAFF RESPONSES TO TESTIMONY. Mayor Figley stated that this issue was continued to this meeting for deliberations and the agenda packet does include staff responses to the testimony from the recent re-opening of the hearing for some very limited testimony. Councilor Lonergan stated that he had read all of the material presented but would prefer to have the City's consultant in attendance to answer some specific questions. He Page 4 - Council Meeting Minutes, July 25, 2005 TAPE READING COUNCIL MEETING MINUTES JULY 25,2005 realized that this issue has been going on for a long time but he felt that this was a very important issue that needs a little more time before a decision is made. Mayor Figley agreed that this issue should be continued to a future meeting and stated that she would like to see a full Council when it is discussed. She suggested that deliberations be continued until the second regular meeting in August. Administrator Brown stated that Mr. Winterrowd would not be available until after August 96 and the second meeting might be too soon for the consultant and staff to get together and be ready to meet at the second meeting in August. He suggested that the deliberations be continued to the first meeting in September. COX/MCCALLUM... continue the deliberations on this issue to September 12, 2005. The motion passed unanimously. 2323 SOUTH FRONT STREET IMPROVEMENTS. Bids for the improvements for South Front Street were received from the following contractors: Parker Northwest Paving, $845,627.19; M L Houck Construction, $936,684.30; Kerr Contractors, $938,423.04; Capital Concrete Const., $952,875.25; D & D Paving, $1,006,883.89; North Santiam Paving Co., $1,016,212.95; and Gelco Construction, $1,025,876.45. Staff recommended the acceptance of the low bid from Parker Northwest Paving which was 4% over the engineer's estimate of $811,596.00. BJELLAND/NICHOLS... award construction contract to the lowest responsible bidder, Parker Northwest Paving Company Inc, for street and storm drain improvements on South Front Street in the amount of $845,627.19. The motion passed unanimously. 2365 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. 2400 A) Planning Commission's approval of Design Review 05-05, Variance 05-09, Variance 05-13, and Exception 05-01 (Marion County Housing Authority) - Proposed development of a 32-unit senior apartment project to be located on the West side of Carol Street. No action was taken by the Council to call this action up for review. CITY ADMINISTRATOR'S REPORT. A) Administrator Brown stated that he would be out of town the attending a family function the weekend just prior to the August 8th meeting and would not be retuming until August 9th. He would not be out of town long enough to appoint someone to be in charge, however, he has asked department heads to limit the amount of agenda items that will be before the Council for consideration. B) This is the time of the year for the Council to evaluate the City Attorney's performance, therefore, electronic copies of the evaluation forms will be sent to the Mayor and Council. An executive session will be set for a meeting in August for the City Attorney's evaluation. Page 5 - Council Meeting Minutes, July 25, 2005 COUNCIL MEETING MINUTES JULY 25,2005 TAPE READING C) Administrator Brown requested guidance on the name of the Downtown Plaza. He provided the Council with a briefing report on the history of the Warzynski Plaza which was a small comer area adjacent to the downtown parking lot which is now being developed as a plaza. The bricks from the original Warzynski Plaza area have been saved and are now located around the new fountain. The bronze plaque has also been moved to the fountain area. He stated that a decision needs to be made on the name of the Plaza since a resolution needs to be considered by the Council that will name the Plaza as a piece of parkland thereby making it subject to park rules and regulations. Mayor Figley stated that Lillian Warzynski was very involved with a project that the Rockefeller Foundation was funding that would help smaller diverse communities to get along better and Woodbum was chosen to receive some of this funding. A decision was made to put half of the funding into a downtown plaza and that is what funded the comer area of the parking lot. Mrs. Warzynski became ill and passed away not long after the this project was started and former Mayor Kirksey proposed that naming that comer in Mrs. Warzynski's honor was a good way of commemorating her. As a good friend of Mrs. Warzynski, she did not think that Mrs. Warzynski was interested in having the area named after her rather she wanted downtown Woodbum to look nice be a great place for all people to enjoy. A suggestion has been made to name the fountain as Warzynski fountain since there is no big ticket donor for this part of the project. Councilor McCallum questioned if the larger plaza was envisioned and, if so, was it the intent of the Council at that time to keep that name for a larger plaza. Councilor Sifuentez stated that she was a part of the original project and they had never envisioned the plaza as it is today. She stated that Mrs. Warzynski would have preferred that the citizens take ownership and pride in the plaza. She felt that naming the area as Downtown Plaza would give the whole City ownership and encourage citizens to come downtown. Administrator Brown stated that his research from 1998 and 1999 showed that the Council had authorized the naming of the Lillian Warzynski Court to identify the area as something less than the plaza. About 6 months later when it was dedicated, it became Warzynski Plaza instead of Court. He felt that the Council did envision the whole parking lot as a plaza but not necessarily to the same extent that it has been re-developed. Councilor McCallum felt that citizens will most likely refer to the area as the "Plaza" rather than a more specific name. Councilor Nichols suggested naming the fountain after Mrs. Warzynski and the area be named "Plaza" since it will be an area for citizens to meet and enjoy. Councilor Bj elland also suggested the naming of the fountain after Mrs. Warzynski since it would be appropriate to keep her memory somewhat intact of the project she worked on. He suggested that the official name should be "Woodbum Downtown Plaza" but the unofficial name could be Plaza until such time as another plaza is developed in Woodbum. Page 6 - Council Meeting Minutes, July 25, 2005 6 COUNCIL MEETING MINUTES JULY 25,2005 TAPE READING BJELLAND/MCCALLUM... name the fountain as Warzynski Fountain and the plaza as "Woodburn Downtown Plaza". The motion passed unanimously. 3240 MAYOR AND COUNCIL REPORTS.. Councilor McCallum stated that he will be out of town the first part of August and unable to attend the Visitor Center opening and National Night Out. He stated that he did attend the Salud dedication and their have a wonderful facility to help the City's population. Mayor Figley stated that she had received a letter from a contractor about the professionalism displayed by Building Official Steve Krieg. 3386 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the statutory authority of ORS 192.660(1)(d) and ORS 192.660(1)(0. NICHOLS/MCCALLUM... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned into executive session at 7:54 p.m. and reconvened at 8:04 p.m.. 3415 Mayor Figley stated that no decisions were made by the Council while in executive session. 3430 ADJOURNMENT. MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:05 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 7 - Council Meeting Minutes, July 25, 2005 ? Executive Session COUNCIL MEETING MINUTES July 25, 2005 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 25, 2005. CONVENED. The Council met in executive session at 7:57 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Councilor Bjelland Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. The executive session was called under the following statutory authority: 1) To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(1)(d); and 2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(0. ADJOURNMENT. The executive session adjourned at 8:03 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - Executive Session, Council Meeting Minutes, July 25, 2005 8 IOA August 8, 2005 TO: FROM: SUBJECT: Honorable Mayor and City Council John C. Brown, City Administrator ~~ Community Development Block Grant Application Public Hearing RECOMMENDATION: It is recommended the City Council conduct a public hearing, receive public comment, and direct staff to submit, in cooperation with the Marion County Housing Authority, a Community Development Block Grant application. BACKGROUND: The Marion County Housing Authority (the Authority) is seeking to construct Hazelwood Estates, a senior apartment complex on Carol Street in Woodburn. Major funding for the project will be provided by the State of Oregon's Department of Housing and Community Services. Other sources, and Authority funds, will also be used. The Authority proposes to fund City-required street, water, and sewer line improvements associated with the project from Community Development Block Grant (CDBG) funds. CDBG administrators have determined that, because these improvements will become City property, the City must apply for the CDBG funding. The Federal government distributes CDBG funds to the states. CDBG's may be used by cities and counties for public facilities and housing improvements, primarily for persons with Iow-to-moderate incomes. Local jurisdictions are limited to three open grants at any one time. Woodburn does not currently have any open CDBG grants. CDBG guidelines require the applicant's governing body to conduct a public hearing, covering the overall development needs of the jurisdiction, and the proposed project, before submitting an application. The Authority contacted City staff, and requested City sponsorship for a CDBG application to fund the required public improvements. After months of exploring other alternatives, and after receiving assurance from the Authority that the City will not be subject to significant administrative time and costs, it was determined that City sponsorship for CDBG funding is the most feasible means of completing the Agenda Item Review: City Ad ministrat oT,~ZP',P" City Attorney Financ _~ Honorable Mayor and City Council August 8, 2005 Page 2 project in a manner that promotes affordability for project residents. On Apdl 11, 2005 your Council unanimously agreed to sponsor a CDBG application on behalf of the Authority. This was done with the understanding that City administrative efforts will be kept to a minimum, and that City costs will be reimbursed by the Authority. The County has received all the necessary planning approvals from the City of Woodburn, and anticipates starting construction by the end of the calendar year. DISCUSSION: The proposed development is a 32-unit affordable senior housing apartment complex. The Authority will own and manage the complex, for income eligible residents who are at least 60 years of age. The Authority's decision to build the project is based on market assessments conducted by the Authority, which show a demonstrated need exists for Iow-to-moderate-income seniors in Woodburn for this type of housing. The Authority built and manages similar projects in Mt. Angel and Stayton. You agreed on April 11, 2005 to sponsor an application for CDBG funding to construct required public improvements associated with the project. These include approximately 1000 linear feet of improvements to water and sewer lines, and the construction of street, curb, gutter, storm drain and sidewalks. Street improvements, pursuant to a variance recently granted by the Planning Commission will be made to a width of 29 feet, allow for parking on one side of the street only, and will be framed by sidewalks on both sides of the street. It is currently estimated these improvements, attendant construction management, and grant administration will cost approximately $225,000. Attached for your information is the Project Notification and Intake Form submitted to the Oregon Economic & Community Development Department for this project (Attachment 1). The form is the first formal step of the application process; a public hearing is the second step. The purpose of the public hearing is to fulfill CDBG requirements and gather input on the project to be submitted by the Authority to determine whether the project fits within the City's development needs. Attachment 2 summarizes other significant steps and the timeframe required to obtain a Community Development Block Grant and build the project. Of note are a contract to be executed between the City of Woodburn and the Mid-Willamette Valley Council of Governments (COG) for CDBG administration, and a contract to be executed between the City of Woodburn and a construction manager. The COG will prepare the CDBG application, assure that all program requirements are met, and maintain and submit all required records and reports. This agreement 10 Honorable Mayor and City Council August 8, 2005 Page 3 greatly reduces the City's exposure to time and costs for grant administration, although some interface will be required regardless. The Authority has indicated it will reimburse the City for such time. The construction management agreement assures the improvements are built consistent with bid specifications and relieves City staff from time that would otherwise need to be spent to obtain such assurance. City staff will assure improvements are built to City standards before accepting them into the City system. These contract activities will be CDBG funded. Aisc of note, but not mentioned in Attachment 2, is an additional agreement that will be required, between the City and the Authority, for services that would otherwise be the City's responsibilities under the grant. These include bid preparation and advedising, reimbursement for miscellaneous services the City may provide to the grant, and overall administration of the grant and project. These various agreements are needed to assure the City's goal of acting merely as a pass- through for CDBG funds is met, and will all be returned to you for consideration when they are developed. As indicated in the Background section of this report, CDBG guidelines require a public hearing to cover the overall development needs of the jurisdiction and the proposed project. Regarding the City's other development needs that may be CDBG funded, it is the intention of both the Recreation and Parks Department and the Library to submit applications for CDBG funding for facility construction and expansion, respectively. I also intend to seek CDBG funds to complete work in the interior of the Association Hall building. Recreation and Parks staff is working with State staff regarding their application, and the Library will soon follow suit. I have been provided with the names of other state contacts, which may provide alternate sources of funding for the Association Hall project, and will explore those possibilities before seeking CDBG funds for that project. Accordingly, application for this grant at this time, for this purpose, should have little or no affect on the City's ability to obtain the grants it needs for its own projects, at the time those grants are sought. This project is expected to be completed within approximately one year, with grant closeout to follow shodly thereafter. City staff will be on hand Monday evening to discuss the City's CDBG needs, should your Council so desire. Housing Author]fy and C~OQ staff will also be on hand to amwer any questions you may have about the Hazelwood Estates project. FINANCIAL IMPACT: The project requires no City funding. The Housing Authority will reimburse any City costs associated with time spent on this project, once CDBG funding is obtained. 11 Project Notification & Intake Form Y~ren Homolae, Regional Coordinator Oregon Economic & Community Development Department 7TS Summer Street, SuRe 200 Sslem, Ore,on 97301 ($03) 986=0191 _k_aren.homolac~stnte-or. us COllst ~] Index: OECDD Use Only Date: Needs & Issues Number: Project Category: [~ TA Concept Number: County: Population of applicanfs jurisdiction: Low/Mod Income: Median Household Income: Unemployment Rate': Distressed Area: Yes [~No [-']Mixed ral: []Yes [21% ]Mix SDWRLF Letter of Irtterest Number: Project Name: Hazelwood F.~tat~ Senior Housing- Carol Street Improvements Applicnnt/Orsaajzation: City of Woodbum Phone: 503-588-6177 Contact Name: Renata Chmielowski, MWVCOO tStreet Address: 105 High Street SE, Salem, OR97301 Fax: 503-588-6094 Email: ~enatac~ mwvcog.om Mailing Address: Amount Status of Funding Funding Assis'tance from Department .... $ 225,000 ~Applicant Contrib.ufion +" $ ,.[~] Pending [] ~vailable Other Funds (idenfif3' source) 4. $ [-~ Pending ~] Available Other Funds (identify source) + '$ [-] Pending [~] Available i Esflmated Project Cost = $ 225,000 IDat~ of Project Cost Estimate: July 2005 List any other sources of funding which have been explored for the project but are not listed above: N/a. [How would a loan be repaid? N/a. 12 Brief description of thc p£oblem and solution or the opportunity: The Cio of Woodbum is requesting CDB(~ funds to finance city street improvements required to support the construction of 32 units of senior housing in Woodbum, Oregon. The housing units are being financed by funds fxom the Oregon Depaxtment of Housing and Community Services. A dial~am of the on-ske housil~ project is attached. The off-site infrasmu:ture improvements are to occur along approximately t000 linear feet of Carol Street, some of which is currently unpaved, and include: replacement/installation of storm sewer and gutters; installation of new/improved curbs, gutters and sidewalks; improved ADA accessibility; and landscape improvements. Please see attached cost estimate spreadsheei for more detailed information. Start Date: October 2005 Estimated Completion Date: July 2006 Curren~ Monthly Residential User Bill (~mm~e 7,500 asllons ~e~ mo.th wsier conmmplion)'. S/month Water S/month Waste,water What is the existing annual debt service for the existing system? $ What amount, if any, of the existing annual debt service for the system is paid by property taxes? S/year WaWr S/year Wastewater Is the utility now, or soon to be, out of compliance with State or Federal standards? [~ Yes [--[ No What regulatory agency has been contacted? When? Is there written documentation or confirmation of the compliance issue? If yes, will the proposed project bring the utility into compliance7 V-[ Yes [-'] NO [--[ Yes [--[ No ~Eaat is the current cost to operate and maintain the existin_u system each year7 (This information can usually be found in the annual audit report.) $ What is the estimated cost to operate and maintain the new system, including the proposed improvements, each year? $ Totals for Existing System Totals for System including the Proposed Improvements Number of available residential hoolcups Number of connections Number of mclcrs Number of EDUa Is the project consistent with the local acknowledged comprehensive plan? [] Yes I[ No Is the project listed on any local, countywide Or regional plan (e.g., adopted capital improvement plan, Master or Facility Plan, Needs & Issues) [] Yes [] No Will the project result in locating or expanding industrial or major commercial firm(s)? [--] Yes [--] No If yes, firm's name and estimated number of jobs that will be created and/or retained. 13 OFF ESTATES, WOODBUR~, OREGON D~CRIPTION & I~NAL CLBA~ ~P COI~TROL ~A.IqKM'ENT CLEARIlqG AHD GRIJ~BIN(~ OVER EXCAVATION , I~ ABRIC ",-0 CRUSHED AC~KEOAT~ - STR~,BT MIX ASPHALTIC CONCeal'F-,- STP, EET CURB SIDE SIDEWALK CURB AND GUTYEE Wl~gl. CHAIR RAIVI~S LANDSCAPING ' VALVIg TO FINSIH3gD ORAD8 : WATEK~TO FFNISI"IED GRADE l.rNrlr PRICE ! $ 1 I $ 750,0o $ 1 I 1 50 38.00 14o $ 1.oo 1.25 260 $ 2g.oO 325 $ 42.00 $ 280 $ 27.00 $ 260 27,00 $ 12.00 6 S~0.00 $ 1 200.00 2OO.OO AMOUN~ 750.00 1 ! 40.00 7 7,020.1 1,0C 3,000 800.00 OI~SCRIFFION FINAL CLEANUP TRAFFIC CONTROL SAWCUT >ATCH STANDARD SHALLOW STORM DRAIN MANHOLE STANDARD DEEP STORM DRAIN IVbkNHOLE GUrr~k INLET SURVEY CURB INLIST NLET CATCH BASIN RCP STORM SP. WER PIPE IN PLACE ;' AD8 N-12 STORM SEWER tqP~-, IN PLACE AD8 N-12 STORM 3~WER P~vr.. IN PLACE UNITS 1 1.00 $ 45.00 $ g50.00 ESTIMATE AMOUNT l 60 8 1 2 $ 1 2,000, 1 850.00 $ iS0.00 2 300~0 $ 600.00 20 $ 25.00 500.00 40 $ 25.00 ! 32O $ 27.OO CONl INGENCY Esi,iMATE - ~d ~ ~DU LE $ 60.00 360.00 $ 31~630 S 1,581 $ 4 SEWER ON 42,700 3,000 S,000 5,000 14 Council of Governments Ggtting thin~$ done togetharl July26,2005 TO: FROM: John Brown, Woodburn City Renata Chmielowski, MWVCOG TOTAL PAGES: FAX: 503-982-5243 Woodbum Commu~:tity Development Block Grant (CDBG) determination Attached please find the following itexx~ to assist in the City~s determi~tion regarding procurement of PacWest Engineerin$: a) Action Agenda before the Marion County Board of Commissioners regarctmg procurement for consh-uction malxag~t services. b) Decision by the Marion County Board of Commissioners regarding procurement for construction management services. c) A sumlltary of the/reasoning behind the Mariott County procurement, which may or may not be applicable to this project. I've also attached a copy o{ the Project Intake and Cost Estimate (we are si~dl working on these numbers) for your review a. nd have Outlined a rough schedule for the Off-site Inl-rastructure project below: August 15th September 1" September 15~ October 15~h October October November December Project Intake Submitted to OECDD Invitation f-rom OECDD for tull application Full application submitted to OECDD CDBG awarded to the City of Woodbum City of Woodbum enters into contract with PacWest for construction management or publishes RFQ for construction management City of Woodbum enters mto contract with MWVCOG for grant administration A&vertisement for Bid on construc~ton improvements City of Woodburn awards construction contract to lowest responsible bidder Either Ray Teasley or I will platt on attending the August 8t~ City Council meeting to answer any admiixistrative questions on the project. MIEMI~ER OOVERNMENTS-*.--COUNTIEg: Marion, Polk, Yamhll{. CITIES: Amtly, Aurae/lie, Aurora, carry, Dallas, Dayton, OeJro~, Donald, Dundee, Falls City, Oeemb, HubbEird, Icle. eha, Independence, Jefferson, Ketzer, Lafayette. McMInnvllle, Mollrnouth, Mt, Angel, Newberg, Salem, Sootts Mills, 8hefldan, Silverrun, St. Paul, Stayton, Subllmitlt, Turner, Wiliamine,, Yamhill. SPECIAL DIgTRICT~; Chehalmn Park & Reoreaflon Olatgct, Chemeketa Co~munii,y College. Idanha..OelroR Rural Fire Pmteotion Dieb'l~ Marion County Fire DtmtttM #'% Sm{em Ama Trer~lt DlM~lct, i~aJem/Kelzer 8ehoN Oislrict 24J, Wlltame~e Education Service Dis~ic~ Yamhlll EdUCa~on Servtce Distri~ Yemflill ~ & Wa~r C~naervatton 01~19~ INDIAN TRIBE: O, oMeclerated Tflbea of tile Grende Roe,Je Oolnmunity. 15 llA August 3, 2005 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Ben Gillespie, Finance Director Resolution Authorizing Reimbursement of LID Expenses RECOMMENDATION: Council adopt the attached resolution authorizing the reimbursement of local improvement district expenses. BACKGROUND: Typically some or all of the construction costs of local improvement district projects are borne by the City and then reimbursed from the proceeds of the sale of notes or bonds. This debt can be tax exempt if it meets certain requirements in the Internal Revenue Code. If the debt instruments qualify as tax exempt, they will bear a lesser interest rate than taxable debt. One of the code's requirements for tax-exempt status is that City declare its intent to reimburse itself from the proceeds of the debt issue within 60 days after the expenditures are made. DISCUSSION: The City can declare its intention for each individual local improvement district (LID), or it can make a blanket declaration that covers all future LIDs. The attached resolution makes the blanket declaration and limits the amounts to be reimbursed to the amounts reasonably expected to be spent on LID projects., FINANCIAL IMPACT: The resolution has no effect on LID debt; however, it preserves the lower tax- exempt interest costs paid by property owners on future LIDs. Agenda Item Review: City Administrator '~.'~ City Attorney Finance 16 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION DECLARING THE CITY'S INTENT TO REIMBURSE EXPENDITURES FOR LOCAL IMPROVEMENT PROJECTS WITH THE PROCEEDS OF FUTURE ISSUES OF BONDS OR OBLIGATIONS WHEREAS, the City of Woodburn, in Marion County, Oregon (the "City") is authorized by Oregon Revised Statutes Sections 223.205 to 223.295, and City Ordinance No. 2105 (collectively, the "LID Act"), to construct publicly owned and operated local improvements which specially benefit propedies and to assess the specially benefited property for the costs of local improvements; and WHEREAS, the LID Act provides that the City may cause a local improvement to be constructed, and the City may cause such construction to occur with the use of its own funds, with the proceeds of interim financing, or preliminarily with the use of ifs own funds that will subsequently be financed through intedm financing; and WHEREAS, the LID Act provides that the City may determine the final assessments for the local improvement against the property benefited thereby or liable therefore, according to the LID Act; and WHEREAS, the LID Act provides that the owner of any property to be assessed shall have the dght to make application to the City for payment of the final assessment in installments; and WHEREAS, the LID Act provides that the City may issue bonds in the amount of the unpaid balance of all final assessments, plus amounts necessary to fund any debt service reserve and to pay any other financing costs associated with the bonds, in order to finance the installment payments and reimburse the City for costs of the local improvements; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City from time to time will undertake the construction of local improvements pursuant to the LID Act and at such time will reasonably expect to issue interim or long-term financing (the "LID Obligations") to reimburse the City for expenditures to construct those local improvement projects (the "LID Projects"). Page 1 - COUNCIL BILL NO. RESOLUTION NO. Section2. To permit interest on the LID Obligations to be excludable from gross income, the Internal Revenue Code of the United States requires that the City declare its intent to reimburse from LID Obligations proceeds within 60 days after the expenditure it made. Section 3. The principal amount of such LID Obligations will not exceed the amount which the City reasonably expects to spend on LID Projects which it has properly initiated under the LID Act. Section 4. The City hereby declares its intention to reimburse itself from proceeds of LID Obligations for all expenditures it makes on Local Improvement Proiects, in amounts that do not exceed the amounts described in Section 3 of this resolution. ~ / Approved as to form: ~')'~~ ~ ILJ. ~OO~' City Attorney Dar Passed by the Council Submitted to the Mayor Approved by the Mayor Approved: Kathryn Figley, Mayor Filed in the Office of the Recorder AI-I'EST: Mary Tennant City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. WOODBURN llB August 1, 2005 TO: Honorable Mayor and City Council through City Administrator FROM: SUBJECT: Randy Scott,j~L~ior Engineering Technician through the Public Works Director ~ Acceptance of Property Dedication Kafhryn's Estates Subdivision (Case No. 04-01) RECOMMENDATION: It is recommended that the City Council authorize the City Administrator to accept the propedy dedication of "Tract A" as shown on the preliminary plat of Kathryn's Estates Subdivision from Sage SC-, Inc. to the City of Woodburn. BACKG ROU N._.____~D: As a condition of subdivision approval, Sage SG, Inc., the developer of Kathryn's Estates Subdivision (Case No. 04-01), agreed to dedicate property to the City to be used for park and storm water detention purposes. Since 1989, the City has been a party to license agreement with the property owner that allows for the same use of the property. Either party could terminate the agreement with a one-year notice. Acceptance of the dedication from the property owner will give the City control of the property. DISCUSSION: The final plat of the subdivision is pending final approval by the Community Development Department. The property to be dedicated, "Tract A," is a part of the plat and will not become a separate piece of property until the plat is recorded with Marion County. In order to comply with the condition of approval, the property owner will place a deed in escrow with instructions to the title company that after the plat has been signed by all parties and is ready to record with the County, the title company first records the plat and then records the deed from the property owner to the City. FINANCIAL IMPACT: There is no financial impact by this action. Attachment "A:" Agenda Item Review: "Tract A" as shown on the preliminary plat of Kathryn's Estates Subdivision City Administrat(~~ City Attorney F1~ /0 19 ATTACHMENT "A" KA 'tN S.E. CITY OF THRYN SEC. 8, WOODBURN, 44777 'S ESTATES T. 55.,R. 1W.,W.M. .MARIONCOUNTY, OREGON ,,55 ~}~ ST S ~4'45'0~' ( ~e.~ 20' 80 ~( i.I II 6047 CO<:XI: Y ct e.17o $jr le I Ifil IAIII [ · Ir- 2O Incorl,~,rated t88~ 11C August 1,2005 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator Steve Krieg, Building Official (~ Intergovernmental Agreements with Marion County RECOMMENDATION: City Council authorize the City Administrator to sign intergovernmental agreements (IgAs) with Marion County for: (1) Plumbing and Electrical Program Support and (2) Structural/Mechanical Inspections and Plan Reviews once the language of the lC-As has been finally agreed upon. BACKGROUND.: In 2001, the City entered into an IGA with Marion County to provide electrical and plumbing permit issuance for Marion County at the City of Woodburn. This program has worked well for the department and provides a valuable service to the general public and members of the building community. Since this IGA expired on June 30, 2005, it must be renewed in order to continue this service. The second proposed IGA with Marion County addresses structural/mechanical inspections and plan reviews and would allow the City and County to assist each other on an as-needed basis. The cities of Salem and Silverton have entered into similar IOAs with Marion County with good results. DISCUSSION: Since the Plumbing and Electrical Program Support IGA recently expired, it must be renewed as soon as possible for the program to continue. However, the language contained in the original IGA is old and may be subject to minor modifications. Similarly, the Structural/Mechanical Inspections and Plan Review IGA was prepared by the Marion County Contracts Coordinator and the City Attorney has advised that it needs some minor changes. Since time is of the essence, authority is requested for the City Administrator to sign both IGAs once the language has been finalized. Agenda Item Review: City Administra~ City Attorney _J~'/~' ~) Finance~l 21 Honorable Mayor and City Council August 1,2005 Page 2 FINANCIAL IMPACT: The Plumbing and Electrical Program Support IGA contains provisions for City recovery of processing fees from Marion County and is cost neutral. The Structural/Mechanical Inspections and Plan Reviews IC~A involves budgeted money to the extent that the City uses County resources. To the extent that the County uses City resources, some revenue will be received by the City. Attachments: Expired IGA for Plumbing and Electrical Program Support Draft IGA for Structural/Mechanical Inspections and Plan Reviews 22 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 INTERGOVE~NTAL AGREEMENT Between Marion County a political subdivision of the State of Oregon and City of Woodburn a municipal corporation of the State of Oregon for Plumbinlg and Electrical Program Support This agreement is made pursuant to ORS 190.003 to 190.110, between .Marion County and the City of Woodburn, a municipal corporation of the State of Oregon. In consideration of the mutual obligations and benefits herein set forth, the parties agree as follows: 1. City of Woodbum Obligations 1.1 1,2 1.3 1.4 1.5 1.6 Provide computer access to the Marion County Building Inspection Database. Receive plumbin~ and electrical permit applications w/th payment on behalf of thc County, and enter required data into the Cou_n_ty database and issue those permits by computer as required. Verify that the applicant is properly licensed to perform the work. Forward the original signed copy of the permit to Marion County. Notify applicant of the Automated Inspection Services phone nUmber and the correct inspection codes. Submit payment to Marion County Within fitteen (15) days aiter receiving monthly invoices. Marion County Building Inspection 555 Court St NE P.O. Box 14500 Salem, OR 97309-5036 Page I of 4 23 1 2 3 4 5 6 7 9 10 11 I2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 3g 39 40 41 42 43 44 45 1.5 Phone (503) 588-5147 Fax (503) 588-7948 Retain 10% of the permit fee revenue to offset the above clerical support functions. Marion County Obligations 2.1 Provide permit application forms, automated inspection service guides. 2.2 Create an issued permit file. 2.3 Perform ali required inspections and record them in the permit file. 2.4 Sign offthe City of Woodbum Permit card when posted and available at the job site. 2.5 Submit billings and invoices to the City of Woodburn for all issued permits on a monthly basis. 2.6 Provide computer training to electronically process permit applications. 2.7 Remit Oregon State Surcharge to the State of Oregon for issued permits. 2.8 Submit all invoices, billings and reports to: lohn Brown, City Manager City of Woodbum 270 Montgomery Street Woodbum, OR 97071 Phone (503)982-5250 3. General Obligations 3.1 3.2 Each party shall be solely liable for third party claims arising from the actions of that party's officer, employees and agents. The City of Woodbum shall agree to defend, indemnify and hold harmless Maxion County, its officers, agents, and employees from damages arising out of the tortuous acts of the City of Woodburn, its officers, agents, and employees acting within the scope of their employment and duties in performance of this agreement subject to the limitations and conditions of the Oregon Tort Claims Act, ORS Page 2 of 4 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 3.3 30.260 through 30.300, and the Oregon Constitution, Article XI, Section 7. Likewise, Marion County shall agree to defend, indemnify and hold harmless the City of Woodbum, its officers, agents, and employees acting within the scope of their employment and duties in performance of this agreement subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and The Oregon Constitution, Article XI, Section 7. When the parties share supervision and control over a project, each party shsil bo liable for third party claims arising from the actions of its officers, employees, and agents. Nothing in this agreement shall be deemed to limit the fight of either party to make a claim against the other for damages and injuries incurred by one party as a result of the actions of the other party's officers, agents, and employees. This agreement represents the entire integrated understanding of the parties. This. agreement may be amended only in writing executed with the same formalities as the agreement itself. This agreement may be terminated or renegotiated with thirty (30) days written notice by either party directed to: John Brown, City Manager City of Woodburn 270 Montgomery Street Woodburn, OR, 97071 Phone (503)982-5250 Fax (503)982-5244 Marion Coumy Building Inspection 555 Court St I~IE P.O. Box 14500 Salem, OR 97309-5036 Phone (503) 588-5147 Fax (503) 588-7948 This agreement shall expire on June 31, 2005 units agreed to by both parties to extend. IN W1TNESS WHEREOF, the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. Recommended by Marion Coumy Buildin8 Inspection City of Woodbum Page 3 of 4 25 2 3 4 5 7 $ 9 10 I! 12 13 14 16 17 18 19 20 22 23 24 26 27 25 29 30 31 32 33 34 35 36 37 38 40 41 42 43 44 Craig O. Luedeman, Director Approved as to form: Marion County Legal Counsel Date Approved as to form: Contracts Officer Date Marion County Board of Commissioners Chair Commissioner Commission~' Date Mayor City Legal Counsel Date City ~er Date Page 4 of 4 INTERGOVERNMENTAL AGREEMENT BETWEEN MARION COUNTY AND THE CITY OF WOODBURN FOR STRUCTURAL/MECHANICAL INSPECTIONS AND PLAN REVIEWS This Agreement is made pursuant to O1~ 190.010 between Marion County a political subdivision of thc State of Oregon, hereinafter called "County", and the City of Woodburn, a municipal corporation of the State of Oregon, hereinafter call~ec~ "City". I. RECITALS: Marion County and the City of Woodburn have determined that they have a need for qualified personnel to perform building/mechanical inspections and plan reviews in lieu of their own employees who may be ill, on vacation, or othenvise temporarily unable to perform their duties, and; Marion County and the City of Woodburn employ inspectors who are qualified and licensed to perform such inspection and plan review duties, and; It is the mutual desire of City and County that each agency provide personnel to provide these backup services to the other agency as needed, therefore; This Agreement is being brought forth to allow Marion County, by and through its Department of Public Works' Building Inspection Division, to provide building/mechanical inspections and plan reviews on a as-needed basis to cover the City's inspection staff, and for the City of Woodbum to provide the same services upon request for Marion County. II COUNTY OBLIGATIONS County Shall: 1. Perform building/mechanical inspections and plan reviews on behalf of City, as requested by City. 2. Comply with all ORS and OAR requirements and regulations pertaining to the structural/mechanical programs. 3. Provide State of Oregon certified/licensed inspectors to perform all inspections. 4. Complete Inspection Report Form provided by City. 5. Provide identification upon entering a job site and the state the reason for the site visit. 27 6. Fax a copy of the completed inspection report to City within 48 hours of completion of the inspection. 7. Comply with the inspection notification requirements of applicable ORS and OAR. ~~ 8. Provide City a monthly request for payment to be submitted with a list of the inspection requests and plan reviews completed listing the date; location and type of inspection, and time spent performing inspections each day and number of hours performing plan reviews. o Send (via facsimile) a request for inspection to the City the morning of the requested date of inspection after first verifying with the City Building Official that adequate staffing exists to provide the County with backup services. (Inspection request form shall include the site location, type of inspection needed, and permit number and information). 10. Remit payment to City within 30 days of receipt of monthly request for payment by City. The County shall submit final invoice for work completed under this agreement not later than 30 days after expiration date of this agreement. III CITY OBLIGATIONS City shall: Send (via facsimile) a request for inspection to the County the morning of the requested date of inspection after first verifying with the County Building Official that adequate staffing exists to provide the County with backup services. (Inspection request form shall include the site location, type of inspection needed, and permit number and information). Remit payment to County within 30 days of receipt of monthly request for payment by County. The County shall submit final invoice for work completed under this agreement not later than 30 days after expiration date of this agreement~ 3 Perform stmcturaFmechanical inspections and plan reviews on behalf of County, as requested by County. 4 Comply with all ORS and OAR requirements and regulations pertaining to the structural/mechanical programs. 5 Provide State of Oregon certified/licensed inspectors to perform all inspections. 6 Complete Inspection Report Form provided by County. 7 Provide identification upon entering a job site and the state the reason for the visit. 8 Fax a copy of the completed inspection report to County within 48 hours of completion of the inspection. 9 Comply with the inspection notification requirements of applicable ORS and OAR. 2 28 10 Provide County a monthly request for payment to be submitted with a list of the inspection requests completed listing the date; location and type of inspection, and time spent performing inspections each day and numbers of hours performing plan reviews. ~ IV MUTUAL FINANCIAL OBLIGATIONS 1. City and County agree to pay each other for services provided under this agreement at the rate of $65.00 per hour. These rates may be adjusted annually (in writing) to the mutual satisfaction of both parties. 2. Payment under the terms of this agreement is separate from and in addition to the payments made under any other existing agreements between County and City. 3. All requests for payment shall be submitted to: City of Woodbum Steve Krieg, Building Official 270 Montgomery Street Woodbum, Oregon 97071 Marion County Building Inspection Warren Jackson, Building Official P.O. Box 14500 Woodbum, Oregon 97309 4. All requests for payment shall include documentation described in Section II (8) to justify payment under this agreement. Marion County and the City of Woodburn certify that at the time the agreement is written, sufficient funds are available and authorized for expenditure to finance costs of this agreement. V. TRAVEL AND OTHER EXPENSES No additional fees are part of this agreement. VI. RESPONSIBLE PARTIES FOR ADMINISTRATION The primary organizations and officials responsible for conducting the administrative requirements of this agreement are: City of Woodburn: Steve Krieg, Building Official Marion County: Warren Jackson, Building Official VII. NON-PERFORMANCE Neither party shall be held responsible for delay or failure to perform when such delay or failure is due to fire, flood, epidemic, strikes, acts of God or the public enemy, unusually severe 3 29 weather, legal acts of public authorities, or delays or defaults caused by public carriers, which cannot be reasonably foreseen or provided against. Either party may terminate the agreement, effective with the giving of written notice, after determining such delays or failure will reasonably prevent successful performance in accordance with the terms of this agreement. VIH. INSURANCE AND INDEMNIFICATION City shall, to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless Marion County and its officers and employees from any and all claims, suits, and liabilities which may occur in the performance of this agreement. Likewise, County shall, to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the City of Woodbum and its officers and employees from any and all claims, suits, and liabilities which may occur in the performance of this agreement. Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon Tort Claims Act (ORS 30.260 to 30.300). IX. NONDISCRIMINATION The parties agree to comply with all applicable requirements of Federal and State civil fights and rehabilitation statutes, rules and regulations in the performance of this agreement. X. COMPLIANCE WITH APPLICABLE LAWS The parties agree that both shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this agreement. The parties agree that this agreement shall be administered and construed under the laws of the State of Oregon. XI. AMENDMENTS The terms of this agreement shall not be waived, altered, modified, supplemented or amended except by written instrument signed by both parties, with the exception of the annual review and modification of rates. This agreement may be extended upon written amendment for a period not to exceed two years from original expiration date. XII. TERMINATION This agreement may be terminated by mutual consent by both parties or by either party upon 30 days' notice, in writing, and delivered by certified mail or in person. XIII. TERM OF AGREEMENT This Agreement shall b~come effective on the date at which every party has signed this Agreement. This Agreement shall expire unless otherwise terminated, or extended by amendment, on January 1, 2015. 4 3O IN WITNESS WHEREOF, the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives on this ~ day of ,2005. MARION COUNTY Recommended By: CITY OF WOODBURN Director of Public Works Date Community Development Director Date APPROVED AS TO FORM: Contracts Coordinator Date APPROVED AS TO FORM: APPROVED AS TO FORM: Legal Counsel Date Legal Counsel Date BOARD OF COMMISSIONERS: Chair Date City Administrator Date Commissioner Date Commissioner Date G:\TYPINGXAdmin~ONTRACT~Building Insp~ction~200~Woocroum Inspections\05.Woodbum Inspections.doc 31 WOODBURN I#corl, oratod ~859 llD' July 25, 2005 TO: FROM: Mayor and City Council through City Administrator Scott D. Russell, Chief of Policeo,~'~/ SUBJECT: Intergovernmental Agreement for School Resource Officer RECOMMENDATION: It is recommended the City Council authorize the City Administrator to sign an agreement with Woodburn School District for School Resource Officer services. BACKGROUND,: In September 1999, the Woodburn Police Department was awarded a $125,000 COPS grant to fund a School Resource Officer (SRO). On November 15, 1999, the City of Woodburn and the Woodburn School District entered into an Intergovernmental Agreement for the purpose of clarifying the duties and responsibilities of the School Resource Officer and established the financial obligation of each agency. The grant-funding period expired at the end of the 2001-2002 school year. In June of 2004, the City and the school district renewed the School Resource Officer Intergovernmental Agreement on the same terms and conditions as set fodh in the original agreement with the exception of the financial obligation clause. The term of this current agreement ended in June 2005. The Woodburn Police Department and the Woodburn School District both believe that the School Resource Officer Program has proven to be very beneficial and wish to continue the program within the school district. DISCUSSION.: The renewal agreement would be effective between July 1, 2005 and June 30, 2006. It would continue to provide the services of a school resource officer at Woodburn High School and maintain our partnership with the school district. The broad spectrum of contacts, interactions, and duties conducted by the School Resource Officer provide great benefits to both the police department and the school district alike. It is an equitable agreement in that the school district 82 Mayor and City Council July 25, 2005 Page 2 provides funding for the amount of the officer's time utilized at school, approximately 80%, and the City provides for the remainder of the officers time, approximately 20%. FINANCIAL IMPACT: Over the course of this agreement, the Woodburn School District has agreed to be responsible for $48,481 toward salary and fringe benefits for the school resource officer, and the City of Woodburn will provide $23,880 toward salary and fdnge benefits for the officer. The City's portion of the funding for this position is identified within the Woodburn Police Depadment budget for fiscal year 2005-2006. INTERGOVERNMENTAL AGREEMENT This agreement is entered into between the City of Woodburn and Woodburn School District for the purpose of clarifying the duties and responsibilities of a School Resource Officer (SRO) to be placed with the District and to define the responsibilities of each of the governmental bodies for the supervision, support, and financial obligation of that position, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: A. CITY'S RESPONSIBILITIES The City will provide a sworn police officer for assignment to School Resource Officer position during the term of this Agreement. The officer's primary duty will be assignment to any one or more of the Woodburn School District schools during the time of year school is in session. The officer may, however, be used for other police duties outside of the school year. The City reserves the fight to reassign that officer to other police duties, irrespective of school sessions, when an emergency exists and the officer is required elsewhere. The determination of emergency is at the discretion of the Chief of Police. Over the agreement period, the City will provide $23,880.00 toward salary and fringe benefits of the School Resource Officer. The City will be mutually involved with School Administrators in the selection of any officer assigned to this position. The Chief of Police will be solely responsible for the supervision and performance evaluation of the School Resource Officer but the City agrees that the Chief will seek and utilize information provided by school administrative personnel in the performance of those duties and the officer's suitability to continue in that position. After consultation with the Chief of Police, the Superintendent may require the assigned officer be removed from the School Resource Officer position for reasons of unsuitability. B. SCHOOL'S RESPONSIBILITIES Over the agreement period, the School will provide $48,481.00 toward salary and fringe benefits of the School Resource Officer. The school agrees to make the SRO part of the school's staffin regard to providing appropriate in- service training, inclusion in general staffactivities, and the provision of facility office space for the officer to work from. The school will review and approve any curriculum to be presented to students, staff, or parents by the officer. The school agrees to assist the Chief of Police in establishing annual goals for the School Resource Officer position. 34 Co SCHOOL RESOURCE OFFICER'S DUTIES The following list of duties is not intended to be all-inclusive but to describe the principal activities in which the officer may be involved. These activities will not be performed each day but as the need dictates. 1. Be physically available at appropriate times for personal interaction with youth at school including informal talking with students, staff, or parents during breaks, lunch, and before and after school activities. Identify youths at risk of becoming delinquent through referrals to the School Resource Officer from school personnel, student advisors, parents, and via interaction with students themselves. Assist in the diversion of youths identified as at risk of becoming delinquent from entry into the juvenile justice system through crisis intervention and referral to other resources and outside agencies. Provide prevention education on vandalism, shoplifting, substance abuse, child and sexual abuse, and issues of personal safety. Perform as a resource center for youth needing referrals to the appropriate government or private service agency. Perform as an information source for District personnel on issues or criminal trends involving youth. Participate and support youth organizations designed to promote responsible behavior (i.e., Natural Helpers, Oregon Student Safety On the Move, Oregon Teen Leadership Institute, etc.). Take appropriate corrective enforcement or referral action in the schools on behavior coming to the officer's attention which is criminal or disruptive to the school learning environment. o 10. 11. 12. 13. Promote a positive attitude of youth toward community, school, and local government, including police. Develop and teach classes relevant to youth and crime issues (street law) which are germane to this community. Develop and teach classes regarding civic competence, rights and obligations of youth according to law, rights and responsibilities of citizenship, and the role of citizenship in society. Develop and provide programs which produce peer conflict mediation. Maintain records of calls for service provided to the school by the officer and the number of hours worked during the year relative to school issues. D. MODIFICATION OF AGREEMENT Each party to this agreement will annually review the conditions of the agreement to determine if it is being properly administered, complied with, and to determine it's sufficiency to meet program needs. Any modification of the terms of this Agreement shall be executed in writing with the mutual consent of both parties. E. TERM OF AGREEMENT The term of this Agreement shall commence July 1, 2005 and continue through June 30, 2006. This Agreement may be terminated prior to that date by mutual consent of both parties or by one party notifying the other of their intent to discontinue participation no later than 180 days prior to the end of the fiscal year. F. LEGAL CONTINGENCIES For the purpose of coverage under the Oregon Tort Claims Act against any losses, damages or liabilities arising out of the services and activities of any Woodbum Police personnel assigned to the School District under the provisions of this agreement: Each party shall protect their own employee with Worker's Compensation insurance which meets the requirements of Oregon law; Each party shall maintain in full force and effect adequate public liability and property damage insurance or self-insurance to cover any claims which may arise by virtue of their actions; o Each party assumes sole responsibility for the torts of its own personnel and agrees, to the extent legally possible, to hold each other party to this agreement harmless from liability arising from the acts or omissions of personnel affiliated with such party. G. RENEWAL OF AGREEMENT The parties may renew this Agreement on the same terms and conditions as contained herein by executing a mutual written renewal agreement before the end of the term of this Agreement. John Brown City Administrator City of Woodbum Date: Walt Blomberg Superintendent WoodburR School.~District a6 l~c~rl, o~'ared t8~9 11E August 2, 2005 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator David Torge~ant City Engineer, through Diro~ UPRR Pipeline Crossing Agreement RE(~OMMENDATION: Authorize the City Administrator execute a Pipeline Crossing Agreement with Union Pacific Railroad. BACKGROUND: A regional stormwater detention facility (an approved CIP project) will be constructed on City-owned property west of Settlemier Avenue, south of Smith Addition. Hydraulic studies performed in connection with the design indicate that additional capacity is needed in conveyance facilities downstream. The link between Settlemier and Front Strc. ct will be improved by construction of an open swale near the south line of the city park. The new swale will act in concert with the existing buded pipe to provide needed capacity. A new 24-inch pipe will provide the required capacity east of the park. It will cross Front Street, UPRR, and Ogle Street before discharging to a tributary of Mill Creek. The new pipe will be in a casing, and will be constructed parallel to the existing pipe. The Union Pacific Railroad (UPRR) has certain requirements for construction in their right-of-way. An application was tendered April 22, 2005. Documents were provided by UPRR on May 10, 2005. Completion of the Agreement will involve return of executed original documents, payment of a $2,400 license fee, and execution and retum of Contractor's Right of Entry Agreement. (The latter to be accomplished after a contractor has been engaged by the City.) The City's insurance underwriter has reviewed the Agreement. the document were recommended as a result~ that review. Agenda Item Review: City Adrninistra~ City Attorney ff~'J) No changes in Finance ~ 37 Honorable Mayor and City Council August 2, 2005 Page 2 DISCUSSION: Agreement is necessary for work to proceed. Construction will occur in spring 2006, after easements are obtained, clearance from Oregon DSL and US Army Corps of Engineers is securedand final design is completed. FINANCIAL IMPACT: Fee of $2,400 will be paid from budget established for CIP project. Total estimated cost of the construction (occurring later) is $190,000. 38 PL X 940206 Form A}~proved, AVP-Law Folder No. 02321-68 PIPELINE CROSSING AGREEMENT Mile Post: 734.93, Brooklyn Subdivision/Branch Location: Woodburn, Marion County, Oregon THIS AGREEMENT is made and entered into as of May 10, 2005, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor") and CITY OF WOODBURN, an Oregon municipal corporation to be addressed at 270 Montgomery St., Woodburn, Oregon 97071 (hereinafter the "Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Two Thousand Four Hundred Dollars (S2,400.00). Article II. LICENSOR GRANTSRIGHT. In consideration of the License Fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate only a 24 inch storm water pipeline crossing (hereinafter the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated May 05, 2005, marked Exhibit A. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article III. CONSTRUCTION, MAINTENANCE AND OPERATION. Thc grant of right herein made to the Licensee is subject to each and ali of thc terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of thc work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, 39 and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article V. INSURANCE A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-I, hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No. 02321-68, issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use or any work performed on or associated with the 'Pipeline' located on Railroad right-of-way at Mile Post 734.93, on the Brooklyn Subdivision/Branch, at or near Woodbum, Marion County, Oregon. B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit B-I shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self-insured with the consent and approval of the Licensor C. Ail insurance correspondence shall be directed to: Jon E. Devish Folder No. 02321-68 Union Pacific Railroad Company Real Estate Department 1400 Douglas Street STOP 1690 Omaha, NE 68179-1690 Article VI. TERM. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. Article VI. SPECIAL PROVISONS 1. The reinforced concrete pipe must be Class III minimum. 2. A railroad inspector is required to monitor the ground and track for movement during the jacking process. The installation process and all train movement must be immediately stopped if any movement is detected. The damaged area must be immediately repaired. The installation process must be reviewed and modified as required before the installation may proceed. Applicant must pay inspector's expense. 40 . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY CITY OF WOODBURN By: By: Manager - Contracts Title: ARROW INDICATING NORTH FORM 0R-0404-8 OIREC,,O, RELATIVE T0 CROSSI,0 ENCASED NON'FLAMMABLE REV. ,2-,-0, ~v, upr'r', corn .,'" '",. / PIPELINE '. / E: L AILABLE DIMENSIONS ~ST BE , / '* ~ ,~ LEGAL S~VEY k l~ J~;L~IIcN~; PROCESS TH[S APPLICATION. ~/ I ""'"""% """""" I / ~/ I ~,e7 . . ' I / I i ..... %'¢.&,~(,o;,,;, ...... &-;,.g,'~/ ' ' ' f ..... I. ,. IL,,. 45.1375 (.T.T.(S O,~.,~ ~l~ ~ [L~ 122 858055~ liN' $ ~ ;T. '1 I' IS PIPELINE CROSSING WITHIN OEOICATEO STREET ? IF YES, H~C OF STREET DISTRIBUTION LIHE__OR TRAH~ISSIOH CARRIER PIPE = C~OITY TO et CONVEYED STORM WAT~ OPERATING PRESSURE Q.QQ PSI WALL THICKNESS 337 ;DIAMETER 24.00 CASING PIPE = WALL THICKNESS O.56 ;DIAMETER ~' ~TE~IAL~TEEL ~T[ :CASINO ~ST H~VE 2" CLEARANCE BETWEEN OREATEST ~TSIOE O[~[TER OF CARRIER PiPE A~ INTERIOR DIETER OF C*SIN~ PIPE. ~[N FURNISHING OIMENSIONSt GIVE OUTSIOE OF CARRIER PiPE AND INSIDE OF CASING PIP~ METHO0 OF INSTALLING CASING PIPE UNOER TRACK(S): , X DRY 80RE A~ ,JACK I WET BORE NOT PERMITTED) ,,, TUNNEL ; OTHER, WILL "CONSTRUCTION BE BY AN ~TSIDE C~TRACTO~ X Y[S;~Oi OlSTA~E FR~ CENTER LINE OF TRACK TO N[~ FAC[ OF BORING JACKING PITS ~[N MEASURED AT RIGHT ANGLES TO TRACK APPLICANT HAS CONTACT[O I-8~]]~9193~ (~' U. P. CO~NiCATION OEPkRT~NT, ANO HiS OETERMIN[O FIBER OPTIC CABLE ~. DOES ; DOES NOT · EXIST IN VICINITY WORK TO BE PERFO~O . TICKET NO. 2005q414025 STEEL CASING WALL THICKNESS CHART MINIlaJM I DIAM[TEA OF THIClU, IESS I CASING PiPE .25oo'1 I/4'1 i~ m .31ZS'lS/IS"l ~B · ~l I/~10V~ Z8 34 , ~ZS'I t/IS'l OV~ 34'- ,&2~'I s/rI ov~ 42--48- ~ BY · · C~ ~T~ THiS C~T IS ~Y ST~TH M 3~ PSI. FORiAJLA TO FIGURIr CASING LENGTH WITH M4GLE OIr C:ROSSINO OTHER THAN (JOI EXHIBIT UNION PACIFIC RAILROAD CO. ~.~-~o~,~,,~,., M. P '~3''l'~l'~ E.S. ENCASED RT~RM WATFR CROSS ] N0 AT W~DRURN ~ ~: CI~ OF WOODBURN WOODBURN OREGON ER FILE N0.0232168 0ATE 42 9501 EXHIBIT B Section 1. . LIMFFATION AND SUBORDINATIO .N .OF RIGHTS GRANTED. (a) The Ioregoing grant o~ right is subject and subordin~e Io lhe prior and continuing righl and obligation o~ the Licensor Ia use and maintain its entire property including the right and power o! the Licensor Io construcl, maintain, rel::x=ir, renew, use. operate, change, modily or relocate railroad tracks, signal, communication, liber oplics, or olher wirelines, pipelines and other lacilities upon. along or across any o,' all parts o( ils property, all or any of which may be freely done al any time or limes by the Licensor w~thout liab[lity to the Licensee or lo any olher party lor compensation or damages. (b) The Ioregoing grant is also subject to all outstanding superior righls (including those in laver of licensees and lessees of the {..icenser's property, and others) and the right of the Licensor lo renew and extend the same, and is made without covenant al title or lot quiet enjoyment. Section 2. CONSTRUCTION. MAINTENANCE AND OPE'RATION. (cz) The Pipeline shall be conslrucled, operated, mainlained, repaired, renewed, modified and/or reconstrucled by the Licensee in slricl conformity wilh Union Pacific Railroad Co. Common Slandard Specification 1029 adopted November 1949, and all amer~ts thereo! and supplements thereto, which by Ihis reference is hereby made a part herecff, excepl as may bo modified and approved by the Licensor's Vice Presiclent-F..ngin.eering Services. In the event such Specification conflicls in any respect wllh the requirements of arty lederal, stale or municipal law or regulation, such requiremen{s shall govern on all points of con[Iici, but in all ather respects the Specification shall apply. (b) All work performed on property o! the Licensor In connection with lhe construction, maintenance, repair, renewal. modilEcatlon or reconslruction c~ the Pipeline shall be done to the satisfaction of the Licensor. (c) Prior to the commencement c~ any wor~ in connection with,, tho construclion, mainter~nce, repot, renewal, modification. relocation, reconstruction or remova~ of the Pipeline where it passes underneath the roadbed and track or tracks o! the Licensor. the Licensee shall submit to [he Licensor pl. ans selling out the method and manner o[ handling the work. inclucling Ihe shoring and cribbing, i! any. required !o protect tho Licensor's operations, and shall not proceed with the werk until such plans have been approved by the Vice President-F..ngineering Services oJ Ihe rutcensor and then the work shall be done to the satisfaction o! Ihe Vice President-Engineering Services or his authorized represenlative, The Licensor shall have the right, if it so elects, to provide such support as il may deem necessary [or Iho salety o~ its track er Iracks during the time o~ construction, maintenance, rel:x:~r, renewal. modification, relocation, reconstruclion or removal of the Pipeline, and. in [he. event Ihe Licensor provides such supporl. Ihe Licensee shall pay to the Licensor. within lilteen (15} days aller bills shall have been rendered therelor: all expense incurred by the Licensor in connection therewith, which expense shall Include all assignable costs. (d) The Licensee shall keep and maintain the soil over lhe Pipeline thoroughly compacled and Ihe grade even with the adiacenl surface o[ the ground. Section 3. NOTICE OF COMMENCEMENT OF WORK. [! an emergency should arise recluirtng Immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. in all olher situations, the Licensee shall noilly the Licensor at least ten (10) days (or such oth~r time as the Licensor may allow} in advance of tho commencement of any work upon properly of the Licensor in connection with the construction, matnlenance, repair, renewal, mcx:Lfficatton, reconstruction, relocation er removal al the Pipeline. All such work shall be prosecuted diligently Io completion. Section 4. LICENSEE TO BEAR ENTIRE EXPEN~;E. The Licensee shall bear the entire cost and expense Incurred in conneclion with tho conslruclton, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or olherwise, pix cxb P.~ I 0t'4 £xhibil B 43 PL X 9~0112 FO~, -~pprov~d, AVP-Lnw Section 5. REINFORCEMENT, BE. LOCATION OR REMOVAL OF PIpI~LINE. to) The license herein granted is subject Io the needs and requirements of the Licensor in the operalion al its railroad and in the improvement ~,'~d use al its property, and the Licensee shall, al the sole expense of the Licensee, reinforce the Pipeline. or move all or crny'portion of the Pipeline to such new location as the Licensor may designate, whenever, in the [urlherance al ils needs and requirements, the Licensor shall find such action'necessary or desirable. (b] All the terms, conditions and stipulallons herein expressed wilh relerence to Ihe Pipeline on property al the Licensor in the location hereinbefore described shall, so lar as the Pipeline remains on the property, apply I& Ihe Pipeline as modified, changed or relocated wilhin the conlemplotion of this section. Seclion 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipeline and all pculs thereof within and oulside of the limits of the property al the Licensor shall be constructed and. (ut cd} times, maintained, repaired, renewed and operated in such mcmner as to cause no interference whatsoever with the constant, conlinuous (:md uninterrupted use o[ the tracks, property and facilities of the Licensor, (md nothing shall be done or suffered to be done by the Licensee al any time that would in any manner impair the safety thereo[. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEk{...q (a) Fiber optic cable systems may be buried on the Licensor's property. Protection of Ihs fiber optic cable systems is al extreme importance since any break could disrupt seiwice to users resulting in business interruption and loss of revenue and pro[its. Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications compcmyOes) involved, arrange [or a cable locatar, make arrangements for relocation or olher prolection of the fiber optic cable. all al Licensee's expense, and will commence no work on Ihs right ol way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless [rom and against all costs, liability and expense whatsoever (including, withoul limitation, attorneys' fees. court costs and expenses) arising out al or caused in any way by Licensee's failure to comply with the provisions of this paragraph. (b) In addition to other indemnity provisions in this Agreement, the Licensee shall Indemniiy and hold the Licensor harmless Ires and against all costs, liability and expense whatsoever (including. without limitation, attorneys' lees, court costs and expenses) caused by the negligence c~ the Licensee, its conlraclor, agents and/or employees, resulting in (1) any damage to or destruction o! any telecommunications system on Licensor's property, and/or (2) any injury to or death o{ any person employed by or on behalf O[ any telecommunications compcmy, art<i/or its contractor, agents and/or employees, on Licensor's properly, except if such costs, liability or expenses are caused solely by the direct active negligence O[ the Licensor. Licensee further agrees that it shall not have or seek recourse against Licensor {or any claim or c(zuse o[ action lor alleged loss o[ prolite or revenue or loss O[ service or other consequential damage to a telecommunication company using Licensor's property or a cuslomer or user of services of the fiber optic caJule on Licensor's properly. Seclion 8. CLAIMS AND LI'~'NS FOR LABOR AND IvlATERUkL: TAXI:Lq. (a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of tho Licensor in connection with the conslruclton, maintenance, repair, renewal, modification or reconstruction o{ the Pipeline, and shall hal permit or suffer auy mechanic's or rnaterlalrnan's Lien o! any kind or nature Io be enforced againsl the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall Indemnify and hold harmless the Licensor against and Ires any and all liens, claims, demands, cosls and expenses al whalsoever nature in any way connected with or growing out al such work done, labor performed, or materials furnished. (b) The Licensee shall promptly pay or discharge all lazes, charges and assessmenls levied upon. in respect Io, or on account al the PipeLine. to prevenl the same from becoming c[ charge or lien upon properly o[ the Licensor, and so that the taxes, charges and assessments levied upon or in respecl to such property shall no~ be Increased because of the IOCallon, conslruciion or maintenance of the Pipeline or any improvemenl, app]lance or fixture connected Iherewtlh placed upon such property, or on accounl of the Licensee's interest lherein. Where such tax, charge or assessmenl may hal be separately made or assessed Io the Licensee but shall be included in the assessmenl of the properly of the Licensor, then the Licensee shall pay ia the Licensor an ec[uttable proportion O[ such taxe's determined by the vcdue o~ Ihs Licensee's property upon properly o{ the Licensor as compcu'ed plx.cxb Page 2 ot'4 f*.'xl,ibil fl 44. PL X 980112 Forn' \pprox'¢d. AVP-Law with the entire value al such property. Soction 9. RESTORATION OF' LICENSOR'S PRQ,PERTy. In the e~ent the Licensor authorizes the Licensee Io take down (:my [ence al Ihe Licensor or in (:my mcu'mer move or dislurb any of the oiher property of the Licensor in connection with the conslruction, mainlenonce, repnlr, renewal modificcdion. reconsiruciion, relocation or removal of the Pipeline. Ihen in th~ event the Licensee sh~l. as soon as possible and ~ Licensee's sole expense, restore such [ence and other property to the same condilion as Ihe same were in before such [ence w~s taken down or such other properly was moved or disturbed, and the Licensee shall indemnify ~nd hold harmless the Licensor. its officers, agenls crud employees, ag(:~nst and from cmy crud all liability, toss, dca'~ages, claims, demands, costs ca'id expenses of whcrtsoever n~ure, including court costs and altorneys' lees. which may result from injury to or de<:~h of persons whomsoever, or damage Io or loss or deslmclion c~ property whutsoever, when such iniur'y, doc~h, ok[mags. [ass or deslruction grows oul at or crrises from Ihs taking down of any fence or the moving or dislurl:x:mce o~ cmy other property al the Licensor. Seclion lO. INDEMNITY. (a) As used in this Section, "Licensor' includes other r(:dkoad coml:xmies using the [Jcensor's property ~ or necr the loccdion o! the Licensee's installation and their o[ticers, agents, and employees; 'Loss' includes loss. damage, claims, demands, aclions. causes at action, penoJties, costs, crud expenses o/whutsoever r~lure, including courl costs and attorneys' tees. which mc~ result [rom: (a) injury to or deuth o! persons whorrtsoever (including the I icensor's o[licers, agents, crud employees, the Licensee's o[[icers, ca:jents. (znd employees, as well as cmy other person); (~cl/or (b) damage to or loss or desiruclion c~ property whosoever (including Licensee's property° c~c~ lo the ro(zd~, tracks, equipment, or other property o~ the Licensor. or property in its ccu'e or cuslody). (b) As a m~or inducement crud in cor~iderution o/the license and permission herein granted, the Licensee agrees to indemnity and hold hca'mless the Licensor [rom ~'ty Loss which is due to or arises [rom: The prosecution al cmy work contemplated by Ihis Agreement including the lnstallution, construction. mcdnlenance, repot, renewal, modiflcol[on, reconstruction, reloc~ion, or removal of the Pipeline or any part thereof; or 2. The presence, operution, or use o! the Pipeline or contents escaping therefrom, except to the extent thut the Loss is caused by the sate crud direct negligence of the Licensor. Section ! I. REMOVAL OF PIPE LINE UPON TERMINATION OF AGFIFFM~:NT. Prior Io the termination at this Agreement howsoever, the Licensee shcdl, al Licensee's sole expense, remove the Pipeline lrom those portions o! Ihs property nc~ occupied by the roadbed and track or tracks al the Licensor cma shall restore, to the sattslaction o~ the Licensor. such portions o[ such property to as good a condition cra they were in ut the lime at the corlslruction of the Pipeline. [I the Licensee [utJs to do the ioregolng, the l/censor mc~y do such work of remov~! cn3d reslorat[on ut the cost and expense c~ the Licensee. 't'he Licensor may, ut Its option, upon such termir~=tion, al the enUre cost (md expense at the Licensee, remove the poriions o/the Pipeline locuted underneuth its roadbed and Irock or tracks and restore such roadbed to as good a condition as it was in at the time o~ the construct[on o! the Pipel~e, or il may permil the [Jcense~ to do such work al removal and restor~lon to the s~ls[oction o~ the Licensor. In the event o~ the removal by the Licensor of the property at the Licensee crud of the resloralion of the roacU3ed crud properly as herein provided, the [Jcensor shall in no manner be liable Io the Licensee [or any damage sustained by the Licensee for or on accou~l Ihereol. and such removal and restorution shall tn no manner prejudice or impc~r any right al action [or damages, or olherw'lse, th~ Ihs Licensor mc~ h(~ve against the Licensee. Section 12.. W,Z~R OF The w(ziver by the Licensor of Ihs breach of (:my condition, covononl or agreement herein contained to be kept, observed and performed by the Licensee shcd] in no wc~ lmi:x31r the right of the Licensor to crvail ilself o~ any remedy for any subsequent breach thereof. pig c~(b Page ], of,I Exlubi! l! 45 PL X 950112 Fern' \pprovcd. AVP-La~v Section 13. TERIviINATIQN. (a) If the Licensee does not use the right herein gr~m'tled or Ihe Pipeline Ior one ( l ) yecrr, or i! the Licensee continues in default in the per(ormcmce o( c~ny cover~nt or agreement herein contained (or a period o( thirty (30) days slier written notice irom Ihe Licensor to lbo ['-icensee specifying such de[suit, Ihe Licensor may. at its option, forthwith immediately terminate this Agreement by written notice. (b) In acldilion to Ihe provisions o[ subparagraph (a) above, this Agreement may be terminated by written notice given by eilher porly hereto Io Ihe other on any date in such notice stated, nol less. however, lhan Ihirty (30) days subsequent Io the date upon which such notice shall be given. (c) Notice of defQ'ult and notice o[ termination may be served personoJl¥ upon the Licensee or by mailing to the last known c~dclress o[ the Licensee. Termination o[ this Agreement for any reason shat! not affecl any o[ Ihe rights or obligations o! the parlies hereto which may have accrued, or liabilities, accrued or otherwise, which may hcnre arisen prtor thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement. in whole or in pcn't, or any rights herein granlec[, without the writlen consent o[ Ihe Licensor. and it is agreed that any trans[er or assignment or atlempled transfer or assignment o[ Ihis Agreemenl or any o[ tho rights herein granted, whether voluntca'y, by operatton o[ law, or otherwise, without such consent in wriling, shall be absolutely void and. at the opUon o[ the Licensor, Shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions al Section 14 hereo(, this Agreement shall be binding upon and inure to the benefit of the p~rties hereto, their heirs, executors, administrators, successors and assigns. plx.exb I'ag, c 4 Of 4 Exhibil B 46 PL/WL/DRAINAGE INS. Fo~ Approved, AVP.Law Updated 03/0112003 EXHIBIT B-t Union Pacific Railroad Company Insurance Provisions For Pipeline I Wireline I Drainage License Agreements Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO or equivalent form, including but not limited to coverage for the following: · Bodily injury including death and personal injury · Propelty damage · Fire legal liability (Not less than the replacement value of the portion of the premises occupied) · Products and completed operations The policy shall also contain Ihe following endorsements which shall be Indicated on the certificate of insurance: · The employee and worker's compensation related exclusions in the above policy apply only to Licensee's employees · The exclusio~a for railroads (except where the Job site is more than fifty fee~ (50') from any railroad including but no~ limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and exptosio~, collapse and undergrourtd hazard shall be removed · Waiver of subrogation B. ,B, usineee Automobile Cove~aue insurance. This insurance shall contain a combined single limit of at least $2,000,000 per occurrenoe or claim, Including but nol limited to coverage for the following: · Bodily injury and property damage · Any and all motor vehicles including owned, hired and noft-owned The policy shall also contain the following endorsements which shall be Indicated on the certificate of insurance: · The employee and worker's compensation related exclusions in the above policy apply only to Ucensee's employees · The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed · Motor Canter Act Endorsement- Hazardous mateda{a clean up (MCS-90) if required by law. Co Workem Compensation and Emolovem Liability Insurance including but not limited to: · Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement · Employers' Liability (Part B) wilh limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee If Workers Compensation insurance will not cover the liability of Licensee in states that require participation in state workers' compensation fund, Licensee shall comply with the laws of such states. If Licer~see is self-insured, evidence of state approval must be provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, If applicable. The po[icy shall also contain the following endorsement which shall be Indicated on the certificate of Insurance: · Alternate Employer Endorsement D. l, JFtbrellq,,pr Excess Policies In the event Licensee utilizes Umbrella or excess policies, these policies shall *follow form" and afford no less coverage than the primary policy. Page 1 of 2 pL/WL/DRAINAGE INS. Fo' '~ Approved, AVP-Law Updated 03101/2003 Other Requirements E. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of insurance. F. Licensee agrees to waive its right of recovery, and its insurers, through policy endorsement, agree to waive their right of subrogation against Licensor. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of its owned or leased property or property under its care, custody and control. Licensee's insurance shall be primary with respect to any insurance carried by Licensor. All waivers of subrogation shall be indicated on the certificate of insurance. G. All policy(les) required above (excluding Workers Compensation) shall provide severability of interests and shall name Licensor as an additional insured. Severability of interest and naming Licensor as additional insured shall be indicated on the certificate of insurance. H. Prior to commencing the Work, Licensee shall furnish to Ucensor odginal certificate(s) of insurance evidencing the required coverage, endorsements, and amendments. The certificate(s) shall contain a provision that obligates the insurance company(les) issuing such policy(les) to notify Licensor in wdting of any cancellation or material alteration. Upon request from Licensor, a certified duplicate original of any required policy shall be furnished. I. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating orA- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. J. Ucensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's insurance agent(s)roroker(s), who have been instructed by Ucensee to procure the insurance coverage required by this Agreement and acknowledges that Licensee's insurance coverage will be primary. K. The fact that insurance is obtained by Ucensee or Licensor on behalf of Licensee shall no~ be deemed to releaee or diminish the liability of Ucensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. Page 2 of 2 48 WOODBURN 11F August 1, 2005 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Scott D. Russell, Chief of Police~,,'/ Liquor License Change of Ownership RECOMMENDATION: The Woodburn City Council recommend to the OLCC the approval of a change of ownership application for Fonzi's Deli. BACKGROUND: Applicant: Premier Deli Services, LLC DBA / Fonzi's Deli 1585 N. Pacific Hwy. Woodburn, OR 97071 Owner/Manager: Troy O' Bryan 5505 SW 153rd Ave. Beaverton, OR 97007 License Type: Limited on Premise Sales - Allows for the sale and service of malt beverages and wine for consumption on the licensed premises. On July 20, 2005, the Woodburn Police Department received an application requesting approval for a change of ownership for Fonzi's Deli. The above- mentioned corporation has purchased the business and is applying for a license. During the last 12 months, the Police Department handled 3 incidents at the Business. There were no reported liquor law violations by the business. Agenda Item Review: City Administrat~ City Attorney Financ~)'~ 49 Mayor and City Council August 1,2005 Page 2 · The restaurant will continue to operate 7 days per week, between the hours of 10:00 AM and 12:00 AM Sunday thru Thursday, and 10:00 AM and 1:00 AM Friday and Saturday. The entertainment will be recorded music and video lottery games. The police department has received no communication from the public or surrounding businesses in support of or against the change of ownership. DISCUSSION: The police department has completed a limited background investigation on the applicant business and found nothing of a questionable nature. An in- depth investigation was completed on the owner and no offenses that would preclude a license being issued or items of a questionable nature were located. FINANCIAL IMPACT: None. 50 OREGON LIQUOR CONTROL COMMISSION LI'QUOR LICENSE APPLICATION r~LEASE PRINT OR TYPE Application is being made for: LICENSE TYPES Q Full On-Premises Sales ($402.60/yr) [3 Commercial Establishment [3 Caterer [3 Passenger Carrier [3 Other Public Location n Private Club ~[ Limited On-Premises Sales ($202.60/yr) El Off-Premises Sales ($100/yr) [3 with Fuel Pumps [3 Brewery Public House ($252.60) [3 Winery ($2501yr) [3 Other. A_o01yin(~ as: [3 Individuals [3 Limited Partnership Corporation ACTIONS ~;"} ~ .~Change Ownership [3 New Outlet [3 Greater Privilege [3 Additional Privilege [3 Other "~i~'Limited Liability Company 2005 By: USE ONLY commission: (name of city or county) recommends that this license be: Granted I-I Denied I-I (signature) (date) Name: Title: OLCC USE ONLY ~ation Rec'd by: ~ Date:~ 90-day authority: [3 Yes [3 No 1. AppJJ<~pt(s): [See. SECTIONxl of th,e, Guid~ . 2. Trade Name (dba): ~2--i ~ 3. Business Location: ~~ ~'~. ~~~ ~~ (num~, s~et, mini ~e) (c~)~~~ (mun~) (s~te) 4. us,.ess (PO box. numar, s~eL ~1 ro~e) (ci~) 5. Business Numbem: ~3~ ~/--~ ~ ' (phon~) (~x) 6. Is ~e business at this Io~tion currently~censed by OLCC? ~ QNo O. Will you have a manager, s QNo Name: ~~  (manager ~ust~ ~ ~n ~dividual his~ o~ lO. What is ~e Io~1 governing body where your business is located? n~~-~~ (address) - ' (f~ n~m~r) ' [e~ail address~ I unders~nd that if my answers are'not true and compl~ta, th~ OLCC may de~y my license application, APl~ant(s) Signature(s) and Date: d) /,.....~) ~ ~, ~r'- Date ~//~,~/~OS" (~ Date ~ Date (D Date 1-800-452-0LCC (6522) v~vw. ol¢¢.$tate, or. us 51