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June 8, 2020 Agenda Packet E RIC S WENSON,M AYOR D EBBIE C ABRALES,C OUNCILOR W ARD 1 C ITY OF W OODBURN L ISA E LLSWORTH,C OUNCILOR W ARD II R OBERT C ARNEY,C OUNCILOR W ARD III C ITY C OUNCIL A GENDA S HARON S CHAUB,C OUNCILOR W ARD IV M ARY B ETH C ORNWELL,C OUNCILOR W ARD V J UNE 8,2020–7:00 P.M. E RIC M ORRIS,C OUNCILOR W ARD VI C ITY H ALL C OUNCIL C HAMBERS –270M ONTGOMERY S TREET 1.CALL TO ORDER AND FLAG SALUTE 2.ROLL CALL 3.ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. Appointments: None. 4.COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5.PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: A.COVID-19 Coordination & Communication Team Presentation 6.COMMUNICATIONS None. 7.BUSINESS FROM THE PUBLIC–This allows the public to introduce items for Council consideration not already scheduled on the agenda. This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-6318or Statewide Toll Free Relay (800) 735-1232, at least 48 hours prior to this meeting. Si usted necesita asistencia especial, comuníquese al 503-980-6322 o a la línea telefónica gratuita, (800) 735-1232, con un mínimo de 48 horas, antes de la reunión. **Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo. Comuníquese al (503) 980-6322.** June 8,2020Council Agenda Page i 8.CONSENT AGENDA–Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. 1 A.Woodburn City Council minutes ofMay 11, 2020 Recommended Action: Approve the minutes. B.Intergovernmental Agreement for School Resource Officers4 (Goal 4,7) Recommended Action:Authorize the City Administrator to sign an agreement with Woodburn School District for School Resource Officer services. C.Liquor License Application for Red Robin International, Inc.10 Recommended Action:Recommend that the OLCC approve the Liquor License Application for Red Robin International, Inc. D.Liquor License Application for Abby’s Inc.12 Recommended Action:Recommend that the OLCC approve the Liquor License Application for Abby’s Inc. E.Crime Statistics through April 202014 Recommended Action: Receive the report. F.Building Activity for May 202019 Recommended Action: Receive the report. 9.TABLED BUSINESS None. 10.PUBLIC HEARINGS A.Fiscal Year (FY) 2020-21 City Budget Adoption Recommended Action:Conduct a public hearing to consider the budget as approved by the Budget Committee B.Fiscal Year 2020-21 Resolution Regarding State Revenue Sharing Recommended Action:Conduct a public hearing to receive comment on the possible uses/distributions of state revenue sharing funds 11.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 June 8,2020Council Agenda Page ii commencing this portion of the Council’s agenda. Comment time may be limited by Mayoral prerogative. A.Council Bill No.3126–A Resolution Adopting the Fiscal Year (FY) 31 2020-21 Budget; Making Budget Appropriations; and Categorizing Taxes Recommended Action:Upon completion of the hearing,approve the resolution adopting the budget and capital improvements plan, making appropriations, and declaring and categorizing taxes for FY 2020-21. B.Council Bill No.3127–A Resolution Declaring the City of Woodburn’s 34 Eligibility and Election to Receive State Revenue Sharing Recommended Action:Adopt a resolution declaring the City’s eligibility and election to receive these funds. C.Council Bill No. 3128–A Resolution Continuing the Declaration of 37 State of Local Emergency in the City Limits of the City of Woodburn for Purposes of Community Recovery from the Covid-19 Pandemic Recommended Action:Adopt the Resolution. D.Council Bill No. 3129–A Resolution Authorizing an Emergency 39 Business Assistance Grant Program to Support Local Businesses Impacted by Covid-19 and the Governor’s Executive Orders 20-12 Recommended Action:Adopt the Resolution authorizing an emergency business assistance grant program to support local businesses impacted by COVID-19 and the Governor’s Executive Order 20-12. E.Approval of Property Line Adjustment Agreement between the City 49 of Woodburn and the Woodburn School District to Facilitate the New City Production Well Recommended Action:Approve the attached Property Line Adjustment Agreement between the City of Woodburn and the Woodburn School District (WSD) and authorize the City Administrator to sign the Agreement. F.CDBG Revolving Loan Funds64 Recommended Action:Authorize the City Administrator to submit a letter to Business Oregon requesting the reallocation of Community Development Block Grant (CDBG) Housing Rehab program income to a qualified non-profit agency for use to establish a mortgage assistance revolving loan program for eligible low to moderate income Woodburn residents. June 8,2020Council Agenda Page iii 12.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. A.Call-Up Briefing: Planning Division Staff Approval of a Preliminary 66 Partition of Parcel 3, Partition Plat 2019-069 (Phase 3B of Smith Creek) Recommended Action:Staff recommends no action and briefs the Council on this item pursuant toWoodburn Development Ordinance (WDO) Section 4.02.02. The Council may call up this item for review if desired and, by majority vote, initiate a review of this decision. B.Call-Up Briefing: Planning Commission Approval of Design Review, 67 Phasing Plan, Property Line Adjustment, Street Exception, and Variance Applications for Allison Way Apartments on three lots with no street addresses and located at the intersection of Stacy Allison Way & Hooper Street (DR 2019-05, PP 2019-01, PLA 2019-04, EXCP 2020-05, & VAR 2019-04) Recommended Action:Staff recommends no action and briefs the Council on this item pursuant to Woodburn Development Ordinance (WDO)Section 4.02.02. The Council may call-up this item for review if desired and, by majority vote, initiate a review of this Commission decision. 13.CITY ADMINISTRATOR’S REPORT 14.MAYOR AND COUNCIL REPORTS 15.EXECUTIVE SESSION None. 16.ADJOURNMENT COUNCIL GOALS 2019-2021 Thematic Goals 1.Create an inclusive environment where residents participate and are engaged in the community (that is vibrant, safe and active). 2.Promote an environment that encourages sustainable economic health maximizing our geographic, workforce, cultural and community assets. Strategic Goals 3.Create an inclusive environment where Woodburn residents want to participate and are engaged in the community. 4.Develop innovative funding sources to help support the completion of capital improvement projects. June 8,2020Council Agenda Page iv 5.Grow and support strategic partnerships for economic health. 6.Explore the development of a non-profit consolidation facility. 7.Improve Communication and Coordination with School District on matters of mutual interest. 8.Completion of the First Street remodel. 9.Completion of Phase 1 & 2 of the Community Center Project including the formation of an ad hoc steering committee to review and recommend design. 10.Creation of the Dick Jennings Community Leadership Academy. 11.Develop a strategy to limit PERS liability. 12.Establishment of a Woodburn 20 year community-visioning plan. June 8,2020Council Agenda Page v COUNCIL MEETING MINUTES MAY 11, 2020 DATECOUNCILCHAMBERS,CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 11, 2020 CONVENEDThe meeting convened at 7:00 p.m. with Mayor Swenson presiding. ROLLCALL Mayor Swenson Present Councilor CarneyPresent -via video conferencing Councilor Cornwell Present -via video conferencing Councilor SchaubPresent -via video conferencing Councilor MorrisPresent -via video conferencing Councilor EllsworthPresent -via video conferencing Councilor Cabrales Present -via video conferencing Staff Present(via video conferencing):City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Economic Development Director Johnk, Community Development Director Kerr, Police Chief Ferraris,Operations Director Stultz, Finance Director Turley, Engineering Director Liljequist, City Recorder Pierson ANNOUNCEMENTS A.The filing period for Mayor and Council positions will open June 3, 2020. Positions to be voted upon at the November 3, 2020 general election are as follows: Mayor: At-Large position (2-year term) Councilor -Ward I: Precinct 815 (4-year term) Councilor -Ward II: Precinct 825 (4-year term) Councilor -Ward VI: Precinct 865 (4-year term) Candidate filing forms and instructions are available from the City Recorder and will be posted on the City website. B.The Woodburn Budget Committee meeting is scheduled for May 14, 2020 at 3:00 p.m. PROCLAMATIONS/PRESENTATIONS National Tourism Month May 2020 - Mayor Swenson read a proclamation declaring the month of May 2020 as National Tourism Month and encouragedeveryone to support the spirit of travel. Community Center –Chris Roberts with Opsis Architecture provided an update on the Community Center project and cost estimates. W. Hayes Street Improvements - Street Design Update – Fred Wismer with Kittelson & Associates provided information on the W. Hayes Street Improvements project and provided the City Council with three Hayes/Settlemier Intersection alternatives. After questions and discussion there was a consensus of the City Council to proceed with option number one. Page 1 - Council Meeting Minutes, May 11, 2020 1 COUNCIL MEETING MINUTES MAY 11, 2020 Strategic Investment Program (SIP) – City Administrator Derickson andEconomic Development Director Johnk provided information on the Oregon Strategic Investment Program Process. Informationwas also providedon Project Apofiki and how the Strategic Investment Program would impact the City. After questions and discussion aconsensus of the City Council was in favor of moving forward with the Strategic Investment Program. Carney/Morris….The City Council supports the SIP application on behalf of Apofiki and authorize staff to enter into conversations. The motion passed unanimously. CONSENT AGENDA A.Woodburn City Council minutes of April 13, 2020, B.Crime Statistics through March 2020, C.Building Activity for April 2020. Carney/Ellsworth… adopt the Consent Agenda. The motion passed unanimously. COUNCIL BILL NO. 3125 –ANORDINANCE CREATING A TEMPORARY DECLARATION OF CANDIDACY PROCESS FOR THE ELECTION OF CITY OFFICIALS; MAKING FINDINGS JUSTIFYING THE NEED FOR THIS NEW ELECTION PROCESS BECAUSE OF THE COVID-19 PANDEMIC; AND MAKING A DECLARATION OF EMERGENCY AND SUNSET CLAUSE City Attorney Shields provided a staff report.Carney introduced Council Bill No. 3125. City Recorder Pierson read the bill twice by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared Council Bill No. 3125 duly passed. AWARD OF CONSTRUCTION CONTRACT FOR THE MILL CREEK PUMP STATION STANDBY GENERATOR & PHASE 1 UPGRADES PROJECT Carney/Cornwell…Award the construction contract for the Mill Creek Pump Station Standby Generator & Phase 1 Upgrades Project to the lowest responsible bidder, R. L. Reimers Company, in the amount of $727,725.00. The motion passed unanimously. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS A. Call-Up Briefing: Community Development Director Approval of an Extension of a Development Decision for Woodland Crossing 9065 Arney Lane (EXT 2020-01). B. Call-Up Briefing: Planning Commission Approval of a Design Review and Variance for I & E Construction at 2215 Progress Way (DR 2019-14 & VAR 2020-02). C. Call-Up Briefing: Planning Commission Approval of a Design Review for Woodburn School District at 1800 W. Hayes Street (DR 2020-03) The City Council declined to call-up any of these items. CITY ADMINISTRATOR’S REPORT The City Administrator reported the following: -The Budget Committee meeting is this Thursday and the City Recorder will send out a notice to call into that meeting. -He noted that he has been sending the City Council the weekly Covid-19 Community Communication andCoordination teams work and that their work is now also including Page 2 - Council Meeting Minutes, May 11, 2020 2 COUNCIL MEETING MINUTES MAY 11, 2020 North Marion County. -The City has seen a rash of car thefts and he encouragedpeople to keep their cars locked, in places that are well lit, and to not leave valuables inside the vehicle. MAYOR AND COUNCIL REPORTS Councilor Cabrales asked if the Chief has heard of any street racing and he said that he had not. Councilor Cornwell stated that the banners downtown are still snowflakes and asked if there will be flower baskets downtown this year. Mayor Swenson explained that Woodburn Proud now does the flower baskets and they are not sure there will be funds to provide them this year. The City Administrator stated thathe will have public works take down the snowflake banners. Councilor Cornwell asked that someone make sure the lights on the trees downtown aren’t getting girdled. Mayor Swenson asked if the City is looking into the Business Oregon Grant Program and Economic Development Director Johnk stated that they are. He also noted that the Governor has May 15 as a time to be able to open retail and that Marion County has submitted an application to open. He thanked the fire department and police department for the mini parade helping to recognize nurses and that on Wednesday morning the same mini parade will go by assisted living places around Woodburn. ADJOURNMENT Ellsworth/Cabrales… meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:39 p.m. APPROVED ERIC SWENSON, MAYOR ATTEST Heather Pierson,CityRecorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, May 11, 2020 3 Agenda Item June 8, 2020 TO:Mayor and City Council through City Administrator FROM:James C. Ferraris, Chief of Police SUBJECT:Intergovernmental Agreement for School Resource Officers (Goal 4,7) RECOMMENDATION: Authorize the City Administrator to sign an agreement with Woodburn School District for School Resource Officer services. BACKGROUND: On November 15, 1999, the City of Woodburn and the Woodburn School District entered into an Intergovernmental Agreement for the purpose of establishing the duties and responsibilities of a School Resource Officer and established the financial obligation of each agency. In previous years, the City and the school district have renewed the School Resource Officer Intergovernmental Agreement several times withsimilarterms and conditions as set forth in the original agreement, with the exception of the financial obligation clause. The term of the current agreement will end on June 30, 2020. 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. As Police Chief, I am pleased to report that our discussions with the School District led to them agreeing to continue their monetary contribution of$105,000 under the proposed new intergovernmental agreement. Since 2015, we have negotiated a cost share increase from the School District amounting to $60,000. This is a more equitable distribution of the costs of maintaining this needed service. Agenda Item Review:City Administrator ___x___City Attorney __x____Finance _x____ 4 Mayor and City Council June 8,2020 Page 2 DISCUSSION: This intergovernmental agreement would be effective between July 1, 2020and June 30, 2021. It would continue to provide the services of one School Resource Officer at Woodburn High Schooland one School Resource Officer at the District’s two middle schools, maintaining the City’spartnership with the school district. The broad spectrum of contacts, interactions, and duties conducted by the two School Resource Officers provide great benefits to both the police department and the school district alike. It is an equitable agreement in that the school district provides funding for partof the officers’ time utilized at schools, and the City provides for the remainder of the officers’ time. : FINANCIAL IMPACT Over the course of this agreement, the Woodburn School District has agreed to be responsible for $105,000toward salary and fringe benefits for the two school resource officers, and the revenue has been included in the FY 2020-21Police Department budget. The City of Woodburn will provide $281,680.00toward salary and fringe benefits for the officers. The City’sportion of the funding for these positions is identified within the Woodburn Police Department FY 2020-21 budget. 5 6 7 8 9 Agenda Item June 8, 2020 TO:Honorable Mayor and City Council through City Administrator THRU: James C. Ferraris, Chief of Police FROM:Andy Shadrin,Lieutenant SUBJECT:Liquor License Application RECOMMENDATION: Recommend that the OLCC approve the LiquorLicense Application for Red Robin International, Inc. BACKGROUND: Applicant: Red Robin International, Inc. 6312 S. Fiddlers Green Circle # 200N Greenwood Village, OH 80111 Point of Contact:Jeffrey D. Hern 1211 SW Fifth Ave., Suite 1900 Portland, OR 97204 503-796-2919 Business:Red Robin Gourmet Burgers and Brew 3060 Sprague Lane Woodburn, OR 97071 503-980-1598 Owner(s): Same as applicant Agenda Item Review:CityAdministrator ______CityAttorney ______Finance _____ 10 Honorable Mayor and City Council June 8, 2020 Page 2 License Type(s): Off-Premises -May sellfactory sealed containers of beer, wine and ciderfor consumption off the licensed premises. May sell beer, wine and cider in a securely covered, “growler”, for consumption off the licensed premises. On May 4, 2020, the Woodburn Police Department received an application of Off-Premises sales liquor license for Red Robin Gourmet Burgers and Brews. The business currently operates as a restaurant and bar at 3060 Sprague Lane in Woodburn, OR 97071. The business currently holds a valid Full On-Premises liquor license. Since April 3, 2020, the business is currently operating with a temporary 90-day “Authority to Operate”issued by the Oregon Liquor Control Commission in regards to Off-Premises liquor sales in response to restrictions and limitations imposed on various businesses, restaurants and bars due to the Covid-19crisis. Currently, the business is operating in a “take-out/delivery” model in compliance withcurrentexecutive orders. The hours of operation are from11:00 AM to 10:00 PM, Sunday through Thursday and 11:00 AM to 11:00 PM, Friday and Saturday. Under normal circumstances the business operates with recorded music as entertainment. The establishment hasrestaurant seating for 96 persons and lounge seating for 44 persons. The business will also have seasonal outdoor seating that will also have food and alcohol service. Total number of seatingat the businesswill be for 140 persons. The Woodburn Police Department has not received any communication from the public or surrounding businesses in support of or against the proposed change. : DISCUSSION The Police Department has completed a background investigationofRed Robin Gourmet Burgers and Brews through various police databases and business related databases. No items of concern were located during the check. FINANCIAL IMPACT: None 11 Agenda Item June 8, 2020 TO:Honorable Mayor and City Council through City Administrator THRU: James C. Ferraris, Chief of Police FROM:Andy Shadrin,Lieutenant SUBJECT:Liquor License Application RECOMMENDATION: Recommend that the OLCC approve the LiquorLicense Application for Abby’s Inc. BACKGROUND: Applicant: Abby’s Inc. 2722 NE Stephens St. Roseburg, OR 97470 541-689-0019 Point of Contact:Paul Harmon 2722 NE Stephens St. Roseburg, OR 97470 541-914-2888 Business:Abby’s Legendary Pizza 1215 N Pacific Hwy. Woodburn, OR 97071 503-981-5494 Owner(s): Same as applicant Agenda Item Review:CityAdministrator ______CityAttorney ______Finance _____ 12 Honorable Mayor and City Council June 8, 2020 Page 2 License Type(s): Limited On-Premises –May sell beer, wine, and cider for consumption on the licensed premises. May sell beer kegs directly to consumers for consumption off the licensed premises. May sell beer, wine and cider in a securely covered, “growler”, for consumption off the licensed premises. On May 11, 2020, the Woodburn Police Department received an application of Limited On-Premises sales liquorlicense for Abby’s Legendary Pizza. The business currently operates as a pizza parlor and restaurant 1215 N Pacific Hwy., in Woodburn, OR 97071. The business currently holds a valid OLCCliquor license. Currently, the business is operating in a “take-out” model in compliance with currentgovernor executive orders. The hours of operation are from11:00 AM to 10:00 PM, Sunday through Thursday and 11:00 AM to 11:30PM, Friday and Saturday.Under normal circumstances the business operates as a dine-in and take out. The business also contains coin operated games as entertainment. The business hasrestaurant seating for a total of 132 persons. The business does not have outdoor seating.The Woodburn Police Department has not received any communication from the public or surrounding businesses in support of or against the proposed change. DISCUSSION: The Police Department has completed a background investigationofAbby’s Legendary Pizzathrough various police databases and business related databases. No items of concern were located during the check. FINANCIAL IMPACT: None 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Agenda Item TO: Honorable Mayor and City Council through City Administrator FROM: Tony Turley,Finance Director SUBJECT:Fiscal Year (FY) 2020-21 City Budget Adoption RECOMMENDATION: Conduct a public hearing to consider the budget as approved by the Budget Committee, and upon completion of the hearing, approve the resolution adopting the budget and capital improvements plan, making appropriations, and declaring and categorizing taxes for FY2020-21. BACKGROUND: The Budget Committee of the City of Woodburn met and approved the budget of $112,013,550on May 14, 2020.On May 27, 2020,the Woodburn Independent published the financial summary of the Budget Committee’sapproved budget and a notice of the budget hearing before the City Council, in accordance with Oregon Local Budget Law (ORS 294.438). DISCUSSION: Under Oregon Local Budget Law (ORS 294.456)the City Council may modify the Budget Committee’s approved budget by an amount not to exceed $5,000 or 10 percent of a fund’s expenditures, whichever is greater, without publishing a notice of a second budget hearing. The Finance Department proposes adoption of the budget as approved by the Budget Committee. FINANCIAL IMPACT: The resolution adopts the FY 2020-21 annual budget of $112,013,550. Agenda Item Review:City Administrator __X____City Attorney ___X___Finance _X___ 31 COUNCIL BILL NO. 3126 RESOLUTION NO. 2152 A RESOLUTION ADOPTING THE FISCAL YEAR (FY) 2020-21 BUDGET; MAKING BUDGET APPROPRIATIONS; AND CATEGORIZING TAXES WHEREAS,the City Administrator, as Budget Officerfor the City of Woodburn, Oregon, prepared and submitted the FY 2020-21 budget to the Budget Committee at its May 14, 2020 meeting; and WHEREAS,the May 14, 2020Budget Committee meeting was noticed by publication in the Woodburn Independent newspaper onApril 29, 2020; and WHEREAS,a public hearing was held at the May 14, 2020Budget Committee meetingafter which time the budget was approved; and WHEREAS,the Notice of Budget Hearing and Financial Summary were published in the Woodburn Independent newspaper on May 27, 2020as required by ORS294.438; and WHEREAS,asecond public hearing was held before the City Council at its meeting on June 8,2020; andNOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1.The City Counciladopts the budget for FY 2020-21 in the sum of $112,013,550. A copy of the budget document is now on file at City Hall, 270 MontgomeryStreet, Woodburn, Oregon. Section 2. The City Council imposes the taxes provided for in the adopted budget at a permanent rate of $6.0534 per $1,000 of assessed value for operations, and inthe aggregate amount of $590,000forpublic safety general obligation (GO) bonds. These taxes are hereby imposed and categorized for tax year 2020-21 based upon assessed value of all taxable property within the City. General Government Excluded from Limitation Permanent Rate Limit$6.0534/$1,000 - GO Bond Levy - $590,000 Page 1 – COUNCIL BILL NO. 3126 RESOLUTION NO.2152 32 Section 3.FY 2020-21 budgets are appropriated at the fund levels shown: OrganizationOperating* TransfersDebtContingencyTotalReservesTotal Administration 1,661,680 1,661,680 Economic Development 174,640 174,640 Police 8,584,580 8,584,580 Community Services 3,605,800 3,605,800 Planning 507,820 507,820 Engineering 310,440 310,440 Non-Departmental 409,460 150,000 574,500 1,133,960 General Fund 3,813,610 3,813,610 1,336,780 Total General Fund 15,254,420 150,000 574,500 3,813,610 19,792,530 1,336,780 21,129,310 Transit 881,590 - 9,010 890,600 890,600 Building 1,119,790 779,100 1,898,890 1,898,890 Asset Forfeiture 15,000 15,000 15,000 Housing Rehab 20,660 413,910 434,570 434,570 Street 3,378,350 1,945,460 965,720 6,289,530 6,289,530 GO Debt Service 590,000 590,000 590,000 General Cap Const 1,969,700 285,350 2,255,050 2,255,050 Special Assessment 33,050 33,050 33,050 Street/Storm Cap Const 5,850,000 5,850,000 5,850,000 Parks SDC 1,005,050 1,005,050 Street SDC 1,000,000 1,000,000 2,890,450 3,890,450 Storm SDC 140,000 140,000 604,130 744,130 Sewer Cap Const 8,960,000 11,947,440 20,907,440 20,907,440 Water Cap Const 3,050,000 3,050,000 3,050,000 Water 2,689,640 559,550 1,563,430 162,080 4,974,700 1,380,300 6,355,000 Sewer 4,414,460 7,010,570 13,500,000 882,000 25,807,030 2,816,340 28,623,370 Water SDC 800,000 800,000 1,281,430 2,081,430 Sewer SDC 2,089,430 2,089,430 2,089,430 Information Technology 1,182,000 - 248,860 1,430,860 167,000 1,597,860 Insurance 847,760 - 515,960 1,363,720 1,363,720 Equipment Replacement 880,660 880,660 880,660 PERS Reserve - - - Lavelle Black Trust 20,000 19,010 39,010 39,010 TOTAL 50,534,030 25,927,800 16,227,930 7,842,310 100,532,070 11,481,480 112,013,550 *Operating Budget: Personnel, Materials and Services, and Capital Outlay Approved as to Form: City Attorney Date APPROVED: Eric Swenson, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 2 – COUNCIL BILL NO. 3126 RESOLUTION NO.2152 33 Agenda Item June 8, 2020 TO:Mayor and City Council through City Administrator FROM:Tony Turley,Finance Director SUBJECT: Fiscal Year 2020-21 Resolution Regarding State Revenue Sharing RECOMMENDATION: Conduct a public hearing to receive comment on the possible uses/distributions of state revenue sharing funds and adopt a resolutiondeclaring the City’s eligibility and election to receive these funds. BACKGROUND: In order for the City of Woodburn to receive a share of state revenues apportioned and distributed to Oregon cities during fiscal year (FY) 2020-21, the City Council must enact an ordinance or resolution certifying: 1.Eligibility to receive state shared revenue perORS 221.760; and 2.Elect to receive state shared revenue per ORS 211.770. The ordinance or resolution must be filed withthe Oregon Department of Administrative Services no later than July 31.Notice of the hearing was published on May 27, 2020in the Woodburn Independent. DISCUSSION: Upon completion of the public hearing, consider adopting a resolution to receive state shared revenue;$317,500in the FY 2020-21 Approved Budget. FINANCIAL IMPACT: The resolution declares the City’s eligibility and qualification to receive state shared revenue, budgeted at $317,500in the FY 2020-21 Approved Budget. Agenda Item Review:City Administrator __X____City Attorney ___X___Finance _X___ 34 COUNCIL BILL NO. 3127 RESOLUTION NO. 2153 A RESOLUTION DECLARING THE CITY OF WOODBURN’SELIGIBILITY AND ELECTION TO RECEIVE STATE REVENUE SHARING WHEREAS, the City of Woodburn desires to receive a share of state revenues apportioned and distributed to the cities of thestate during Fiscal Year 2020-2021 as provided in ORS 221.760 and ORS 221.770; and WHEREAS,ORS 221.760 provides as follows: The officer responsible for disbursing funds to cities under ORS 323.455, 366.785 to 366.820 and 471.805 shall, in the case of a city located within a county having more than 100,000 inhabitants according to the most recent federal decennial census, disburse such funds only if the city provides four or more of the following services: (1)Police Protection (2)Fire protection (3)Street construction, maintenance and lighting (4)Sanitary sewer (5)Storm sewers (6)Planning, zoningand subdivision control (7)One or more utility services WHEREAS,ORS 221.770(1)(a) requires that any city electing to receive a distribution must enact an ordinance or resolution expressing that election and file the same with the Oregon Department of Administrative Services no later than July 31; and WHEREAS,ORS221.770(1)(b) requires that any city electing to receive a distribution must hold at least onepublic hearing at which citizens have the opportunity to provide written or oral comment on the possible uses of the distributions; NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1.That the City Council of the City of Woodburn hereby certifies that it provides the following four or more municipal services enumerated in Section 1, ORS 221.760: Page 1 – COUNCIL BILL NO. 3127 RESOLUTION NO. 2153 35 Police protection Street construction, maintenanceand lighting Sanitary sewer Storm sewers Planning, zoning and subdivision control One or more utility services Section 2.The City of Woodburn hereby elects to receive distributions of staterevenues during FY 2020-2021 pursuant to ORS 221.770(1)(a). Section 3.The City Council hereby certifies that it conducted a public hearing, after giving public notice, on June 8, 2020and called for written and oral comment on the possible uses of the distributions and that the hearing complied with ORS221.770(1)(b) and (c). Section 4. The City Recorder is directed to certify compliance with the public hearing requirementsand file this resolutionwith the Oregon Department of Administrative Services by July 31, 2020. Approved as to Form: City AttorneyDate APPROVED: Eric Swenson, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 2 – COUNCIL BILL NO. 3127 RESOLUTION NO. 2153 36 COUNCIL BILL NO. 3128 RESOLUTION NO. 2154 A RESOLUTION CONTINUINGTHE DECLARATION OFSTATE OF LOCAL EMERGENCY IN THE CITY LIMITS OF THE CITY OF WOODBURN FOR PURPOSES OF COMMUNITY RECOVERY FROM THE COVID-19 PANDEMIC WHEREAS, COVID-19 was declared a pandemic by the World Health Organization on March 11, 2020; and WHEREAS, COVID-19can cause respiratory disease, with the potential to cause serious illness or loss of life for individuals with underlying health conditions; and WHEREAS, COVID-19 requires a significant amount of resources at the local level to keep the public and community informed and as safe as possible; and WHEREAS, on March 8, 2020, Governor Kate Brown declared a state of emergency due to the COVID-19 outbreak in Oregon (Executive Order No. 20- 03), finding that COVID-19 has created a threat to public health and safetyand constitutes a statewide emergency under ORS 401.025(1); and WHEREAS,on March 16, 2020, the City Council adopted Resolution 2151, declaring astate of local emergency pursuant to ORS 401.309(1); and WHEREAS, this local emergency declaration expires on June 30, 2020 and should be renewed to ensure community recovery;NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section1.The City Council finds that, despite its best efforts, the City of Woodburn has not yet recovered from the impact of COVID-19. Section 2.That City Council further finds that, because of COVID-19, the City of Woodburn must comply with state and federal regulation and is eligible for state and federal relief. Section 3.The City Council continues the declaration of local emergency pursuant to ORS 401.309(1) untilSeptember 1, 2020, unless superseded sooner by action of the City Council. Page 1 –Council Bill No. 3128 Resolution No. 2154 37 Section 4.The City Administrator is directed to continue to take such actions and issue such orders as necessary to recover from this emergency and protect the Woodburn community. Section 5.The City shall take all necessary steps authorized by law to coordinate response and recovery from this emergency, including, but not limited to, requesting assistance and potential reimbursements from the State of Oregon and the appropriate federal agencies. Section 6.That emergency procurements of goods and services continue to be authorized pursuant to ORS 279B.080, ORS 279C.335(6), ORS 279.380(4), and all other applicable rules. Approved as to form: City AttorneyDate Approved: Eric Swenson, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder Page 1 –Council Bill No. 3128 Resolution No. 2154 38 Agenda Item June 8, 2020 TO:Honorable Mayor and City Council FROM: Jamie Johnk, Economic Development Director SUBJECT:Woodburn Emergency Business Assistance Grant program RECOMMENDATION: Adoptthe Resolution authorizing an emergency business assistance grant program to support local businesses impacted by COVID-19 and the Governor’s Executive Order 20-12. : BACKGROUND On March 23, 2020, Governor Kate Brown issued Executive Order 20-12, "Stay Home, Save Lives," which required reduced services or temporary closure on many Woodburn businesses, the impact of which has caused financial distress and uncertainty. The City of Woodburn recognizes the importance of ensuring continued success of local businesses for the city’s economic healthand prosperity. Therefore, staff is presenting for consideration the Woodburn Emergency Business Assistance Grant Program. This program will provide funding to Woodburn businesses impacted by the COVID-19 pandemic and through the Governor’s Executive Order. Funding would be available to assist businesses with rent/lease, mortgage, utilities, property taxes, and/or the purchase of protective equipment, improvements, or suppliesneeded to reopen. : DISCUSSION Woodburn’s Emergency Business Assistance Grant program will provide one-time funding to small businesses in an amount up to $2,000. Grant funds can be used for expenses such as rent/lease, mortgage, utilities, property taxes, and for protective equipment, improvements and supplies required for re-opening a business. Funds for this program are limited with $48,000 available to grant and will require an application process for funding consideration. Applications will be accepted from June 15 to June 21, 2020, with all funds to be committed and/or disbursed Agenda Item Review:City Administrator __x____City Attorney __x____Finance ___x__ 39 Honorable Mayor and City Council June 8, 2020 Page 2 by June 30, 2020. The program is in effect during the City of Woodburn’s declared state of emergency or until program funds are exhausted. : FINANCIAL IMPACT FY 2019-20General Fund dollars ($50,000) would be allocated to fund the Emergency Business Assistance Grant Program. $48,000 would be awarded to Woodburn businesses through an application process with a maximum grant of $2,000 per business. $2,000 would be provided to the Woodburn Area Chamber of Commerce for assistance in marketing and administering the Program. 40 COUNCIL BILL NO. 3129 RESOLUTION NO. 2155 A RESOLUTION AUTHORIZING AN EMERGENCY BUSINESS ASSISTANCE GRANT PROGRAM TO SUPPORT LOCAL BUSINESSES IMPACTED BY COVID-19 AND THE GOVERNOR’S EXECUTIVE ORDERS 20-12 WHEREAS, in response to the novel coronavirus (COVID-19) outbreak, the State of Oregon has taken important measures to limit the spread of the disease in our communities; and WHEREAS,on March 23, 2020, Governor Kate Brown issued Executive Order 20-12, "Stay Home, Save Lives," which placed certain restrictions onsocial gatherings and closed certain businesses; and WHEREAS,many local businesses in the City of Woodburn have been impacted by the Governor’s order; and WHEREAS, the Council recognizes the importance of ensuring continued success of local businesses for the city’s economic health; and WHEREAS, an Emergency Business Assistance Grant Program will provide essential funding to assist businessesimpacted by the COVID-19 pandemic with rent/lease, mortgage, utilities, property taxes, and/or the purchase of protective equipment, improvements, or suppliesneeded to reopen; NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. AnEmergency Business Assistance Grant Program, with . funding in the amount of $48,000, is established as provided in Exhibit A Approved as to form: City AttorneyDate Approved: Eric Swenson, Mayor Passed by the Council Page 1 –Council Bill No. 3129 Resolution No. 2155 41 Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder Page 1 –Council Bill No. 3129 Resolution No. 2155 42 Exhibit A WOODBURN EMERGENCY BUSINESS ASSISTANCE GRANT Program Overview: On June 8, 2020 the Woodburn City Council passed a Resolution to establish an emergency business assistance grant program to support small businesses in the City of Woodburn. Due to the COVID-19 pandemic and as a result of the Governor’s Executive Orders 20-07, 20-10, and 20-12 reducing services or temporarily closure, many Woodburn businesses have experienced financial distress and uncertainty. Woodburn’s Emergency Business Assistance Grant program will provide one-time funding to small businesses in an amount up to $2,000. Grant funds can be used for expenses such as rent/lease, mortgage, utilities, property taxes, and for protective equipment, improvements and supplies required for re-opening a business. Funds for this program are limited with $48,000available to grant and will require an application process for funding consideration. Applications will be accepted from June 15- to June 21, 2020, with all funds to be committed and/or disbursed by June 30, 2020. The program is in effect during the City of Woodburn’s declared state of emergency or until program funds are exhausted. P ROGRAM G UIDELINES AND B USINESS E LIGIBILITY Business Eligibility: The following checklist can be used to determine a businesses eligibility. Business is located within Woodburn’s city limits. Business has a City of Woodburn business license/registration. Business has less than 15 employees. Business continues to be in operation when government orders are lifted. Please note – preference will be given to those businesses temporarily closed or suffered reduced services due to Governor’s Executive Order 20-07, 20-10, and 20-12. If you have checked all of the boxes, your business is eligible for grant funding. Eligible Expenses: The following checklist can be utilized to determine if a businesses expenses are eligible for program funds. Rent/Lease Payment Mortgage Payment Utilities Property Taxes Protective Equipment, Improvements, Supplies 1 | Page 43 Exhibit A If you have checked one or more of the boxes, your business expenses are eligible under the program criteria. Application Process: The business will submit an online application to the City during the one-weektimeline provided below along with the required attachments applicable to the request: Rent/Lease Agreement Mortgage Statement (last 3 months) Evidence of Employees (employment reports) Utility Statements (last 3 months) Property Tax Statement (2018-2019) List of Protective Equipment, Improvements, Supplies Form W-9 The applicant must provide evidence of need for funds by demonstrating how they have experienced financial hardship as a result of COVID-19 and the Governor’s Executive Orders. The applicant must detail how grant funds will be used and how the funding will assist in meeting re-opening guidelines, and/or how funding will help to keep the business operable post COVID-19. The applicant must provide a 6-month business plan outlining how they will operate and regain a strong financial recovery. Application Scoring: Applications will be reviewed for completeness and will be scored using the following criteria: Needs StatementScore –30 points How Funds Will Be Used Score – 20 points 6 Month Business Plan Score – 30 points Business Impact from Governor’s Executive OrderScore -20 points Please note – scoring will be based solely on the strength of the information provided in the application and supporting documents. WOODBURN EMERGENCY BUSINESS ASSISTANCE GRANT 2 | Page 44 Exhibit A Program Timeline: City Council Approval June 8, 2020 Program Outreach June 10 to June 14, 2020 Application Process Opens June 15, 2020 Application Process Closes June 21, 2020 Application Review and Scoring June 22 to June 25, 2020 Grant Awards June 26 to June 30, 2020 For Additional Program Information Contact: City of Woodburn Woodburn Chamber of Commerce Phone: 503-980-6320 Phone: 503-982-8221 exd@woodburnchamber.org Email: Amanda.Setzer@ci.woodburn.or.us Email: 3 | Page 45 Exhibit A WOODBURN EMERGENCY BUSINESS ASSISTANCE GRANT APPLICATION BUSINESS INFORMATION Business Name: _______________________________________________________________________ Address: __________________________________________________________ Woodburn, OR 97071 Contact Name: ________________________________________ Phone: _______________________ Email: _______________________________________________ Website: _____________________ BUSINESS ELIGIBILITY: (Check all that apply) Located in Woodburn City Limits Woodburn Business License/Registration: #___________________________ Less than 15 Employees Plans to Continue Operations Post COVID-19 Temporarily Closed or Reduced Services Due to Governor’s Executive Order FUNDS REQUESTED: $ _______________________________ (not to exceed $2,000) USE OF FUNDS: (Check all that apply) Rent/Lease: Monthly rent/lease amount $___________ o Provide copy of rental/lease agreement with landlord contact information. Mortgage: Monthly mortgage payment $____________ o Provide mortgage statement for last 3 months Utilities: Provider:___________________________ Amount $______________ o Provide utility statements for past 3 months Property Taxes: Amount $____________________ Tax Year: __________________ o Provide copy of tax statement Protective Equipment, Improvements and/or Supplies: Amount $ ______________________ o Provide detailed description: ___________________________________________________ Please provide a detailed description of the proposed use of funds: NEEDS STATEMENT: Please provide a detailed explanation of your businesses need for these funds. 1 | Page 46 Exhibit A Please share how COVID-19 and/or the Governor’s Executive Order(s) impacted your business. 6 MONTH BUSINESS PLAN: Please provide a detailed plan reflecting how your business will operate to ensure financial recovery over the next 6 months. CURRENT NUMBER OF EMPLOYEES: # Full-Time Employees ________________ # Part-Time Employees ________________ ADDITIONAL INFORMATION: Have you received other COVID-19 funding assistance (SBA, Marion County, PPE, other)? Yes No If yes, please provide information on funds received: __________________________________________ Are you aware of programs and resources available to businesses in the Woodburn area (SBDC, MERIT, etc.)? Yes No Are you interested in receiving information on business resources? Yes No Please describe your business needs: __________________________________________________ Are you a member of the Woodburn Area Chamber of Commerce? YesNo CERTIFICATION: I hereby certify that all information contained in this application andsupporting documents attached hereto are true and correct to the best knowledge and belief of the applicant. _________________________________________ ______________________ Signature Date _________________________________________ _______________________ Printed Name Title 2 | Page 47 Grant No. Exhibit A WOODBURN EMERGENCY BUSINESS ASSISTANCE GRANT PROGRAM Grant Award Agreement The Woodburn City Council passed Resolution _____ to establish an emergency business assistance grant program to support businesses in the City of Woodburn. Due to the COVID-19 pandemic and as a result of the Governor’s Executive Orders 20-07, 20-10, and 20-12 reducing services or temporarily closure, many Woodburn businesses have experienced financial distress and uncertainty. Woodburn’s Emergency Business Assistance Grant program will provide one-time funding to small businesses in an amount up to $2,000. Grant funds can be used for expenses such as rent/lease, mortgage, utilities, property taxes, and for protective equipment, improvements and supplies required for re-opening a business. The program is in effect during the City of Woodburn’s declared state of emergency or until program funds are exhausted. Awardee (Business Name): _______________________________________________________ Address: ____________________________________________________ Woodburn, OR 97071 Contact Name: ______________________________ Phone Number: ____________________ Amount of Funds Awarded: $Date of Award: Use of Funds: Rent/Lease Payment Mortgage Payment Utilities Property Taxes Protective Equipment, Improvements, Supplies By signing this Agreement, the Awardee agrees to the following: Certifies that all of the information provided in the application is true and correct. Assume responsibility and accountability forfunds received. Use grant funds as described in the application. Return any unused portion of the award to the City of Woodburn. ___________________________________________ ________________ Awardee Signature Date ___________________________________________ Printed Name 48 Agenda Item June 8, 2020 TO:Honorable Mayor and City Councilthrough City Administrator FROM:Eric Liljequist, Public Works Projects & Engineering Director SUBJECT:Approval of Property Line Adjustment Agreement between the City of Woodburn and the Woodburn School District to Facilitate the New City Production Well RECOMMENDATION: Approve attached Property Line Adjustment Agreementbetween the City of Woodburn and the Woodburn School District (WSD) and authorize the City Administrator to sign the Agreement. BACKGROUND: City Council awarded a contract for design, bid and construction management services for the New Production Well for the Parr Road Treatment PlantProject to Murraysmith, Inc.on December 9, 2019. : DISCUSSION To facilitate the completion of thewater production well project, the City of Woodburn needs to acquirea 100’ x 200’ section of WSD propertyat 440-450 Parr RoadNE to add to the City’s adjacent property located at 900 Parr Road NE(Centennial Park). To complete this transaction, WSD has agreed to a property line adjustment(PLA)that will move the boundary line between the two parcels of property, addingthis new section to the City's property.Please see the attached PLA agreement containing a map of the new boundary line. As part of the PLA, the agreement includespaying the WSDfair market value for this property, currently $16,241.00 based onMarionCounty property information. In addition to the consideration, the agreement also stipulates Cityresponsibility for all required property surveys and recording fees in conjunction with the PLAprocess,and for theinstallation ofa fence on the newly acquired property boundaries to provide protection and delineation of the newly acquired area. This additional City land will Agenda Item Review:City Administrator __X____City Attorney __X____Finance ___X__ 49 Honorable Mayor and City Council June 8, 2020 Page 2 allow for a new production well site that is more conducive for accommodating other activities occurring year-round at Centennial Park. FINANCIAL IMPACT: The fees associated with the PLA are included in the approved2019/20fiscal year budgetfrom thewaterfund. 50 PROPERTY LINE ADJUSTMENT AGREEMENT 440-450 PARR ROAD NE & 900 PARR ROAD NE, WOODBURN, OREGON THIS Property Line Adjustment Agreement ("Agreement") is made and entered into as of the day of , 2020 ("Effective Date"), byand between the Woodburn School District, an Oregon school district("Grantor"), and the City of Woodburn, an Oregon municipal corporation ("Grantee") (collectively the "Parties"). BACKGROUND A.Grantor owns certain real property generally located at 440-450 Parr Road NE, Woodburn, Oregon, legally described in Exhibit A attached hereto ("Grantor's Property"). B.Grantee owns certain other real property generally located at 900 Parr Road NE, Woodburn, attached Oregon, adjacent to and west of Grantor's Property, legally described in Exhibit B hereto ("Grantee's Property"). C.Grantor's Property and Grantee's Property share a common boundary along the west side of Grantor's Property and the east side of Grantee's Property, as reflected in the recorded deeds for the subject properties ("Existing Property Line"). D.The Parties desire to adjust the Existing Property Line, as generally depicted and described on the New Property Line Map attached as Exhibit C("New Line"), such that a portion of Grantor's Property identified as a 100' x 200' section of propertyon the New Property Line Map, and consisting of 20,000 square feet (the "Assemblage Parcel"), will become the property of Grantee and form a part of Grantee's Property from and after the effective date of the adjustment. NOW THEREFORE, the Parties Agree as Follows: AGREEMENT 1.Adjustment of Property Line. For and in consideration of the Purchase Price (as defined in Section 2) and the mutual promises, covenants, representation and warranties contained in this Agreement, Grantor shall transfer and convey, and Grantee shall accept all right, title, and interest of the Grantor in and to the Assemblage Parcel, for the purpose of adjusting and replacing the Existing Property Line with the New Line, free and clear of all monetary liens and encumbrances. In furtherance and as evidence of the property line adjustment set forth by this Agreement, at the Closing (as defined in Section 3), the Parties shall cause a Property Line Adjustment Deed, a form of which is attached hereto as Exhibit D, to be executed, acknowledged, and recorded in the official records of Marion County, Oregon. 2.Consideration. As consideration for the Grantor's conveyance of its interest in the Assemblage Parcel, Grantee shall pay to Grantor, at the Closing, the sum of sixteen thousand two hundred forty-one 0/100 dollars ($16,241.00) ("Purchase Price"). 3.Closing. The closing of the transaction contemplated by and under this Agreement (the "Closing") shall be held at the time of final approval of the subject property line adjustment by the City PROPERTY LINE ADJUSTMENT AGREEMENT 440-450 Parr Road NE, Woodburn, Oregon Page 1 of 13 51 of Woodburn per Woodburn Development Ordinance Section 5.01.08. At or prior to the Closing, the following shall occur, each of which shall be considered a condition precedent and all of which shall be considered as taking place simultaneously: a)The Parties shall execute, acknowledge, deliver and record a Property Line Adjustment Deed with the Marion County Recorder; b)Grantee shall deliver the Purchase Price to the Grantor; c)Grantee shall have constructed a fence along the New Line as described in Section 5; d)At Grantee's discretion, a title company shall agree to issue to Grantee, at Grantee's expense, an ALTA standard coverage owner's policy of title insurance in an amount equal to the Purchase Price, naming the Grantee as the insured and insuring that, as of the Closing, marketable, indefeasible, fee simple title in and to the Assemblage Parcel is vested in the Grantee; and e)The Parties shall execute and deliver such other documents and take such other actions as are reasonably necessary and appropriate to effectuate the Closing. 4.Property Line Adjustment Application Process. The Parties acknowledge that the property line adjustment contemplated by this Agreement is subject to approval by the City of Woodburn, in accordance with its development ordinance and Oregon state law. The Parties acknowledge and agree that Grantee shall be responsible for pursuing the necessary approvals from the City, including preparation of all required applications and surveys, and shall be responsible for all costs associated therewith. The Grantor shall cooperate with Grantee in pursing all necessary approvals from the City's planning department, including granting Grantee access to Grantor's Property and the Assemblage Parcel for surveying purposes. 5.Fence Line. Grantee, at its sole cost and expense, shall have a fence constructed along the New Line prior to the date of Closing. The fence shall be constructed of chain link with slats and in accordance with the City of Woodburn development ordinance sections 2.06.02 and 5.01.03. 6.Representation & Warranties. 6.1.Authority. The Parties represent and warrant that each has obtained all requisite authorizations for the execution and delivery of this Agreement and the performance of the transactions contemplated by this Agreement, and that the execution and delivery of this Agreement are made pursuant to such authorizations. 6.2.Title Covenant. Grantor represents and warrants that it is the sole owner of fee title to Grantor's Property, fee of all liens and encumbrances that would otherwise prevent or frustrate the property line adjustment contemplated by this Agreement. 6.3.Litigation. Grantor represents and warrants that there are no pending claims or litigation or threats of claims or litigation or other matters of which Grantor is aware that could adversely affect carrying out the property line adjustment or Grantee's future use and enjoyment of the Assemblage Parcel. PROPERTY LINE ADJUSTMENT AGREEMENT 440-450 Parr Road NE, Woodburn, Oregon Page 2 of 13 52 6.4.Encroachment . To Grantor's knowledge no existing building, structure, or improvement of any kind encroaches upon the Assemblage Parcel from any adjacent property and there are no present or past discrepancies or disputes regarding the boundary of the Assemblage Parcel. 6.5.Bankruptcy or Foreclosure Affecting Property. To Grantor's knowledge, none of the following has occurred with respect to Grantor'sProperty or Grantor: (i) appointment of a receiver, liquidator, or trustee for the real estate; (ii) institution of any proceeding for dissolution or liquidation; (iii) filing or any petition for bankruptcy, or action toward reorganization; or (iv) pending foreclosure or forfeiture action. 6.6.Survival. The representations and warranties in this section shall survive Closing for a period of twelve (12) months. . Excepting only the specific representations and warranties of Grantor 7.Condition of Property contained in Section 6 of this Agreement, all of which shall survive Closing and shall not merge with the deed, Grantee accepts the land and improvements conveyed under this Agreement, and all other aspects of the Assemblage Parcel in its present condition, AS IS, WHERE IS, including latent defects, without any representations or warranties from Grantor or any agent or representative of Grantor, expressed or implied, except for such warranties that may arise by law under the Deed and except as otherwise specifically set forth in this Agreement. Grantee agrees that Grantee has ascertained, from sources other than Grantor or any agent or representative of Grantor, the condition of the Assemblage Parcel, its suitability for Grantor's purposes, and the applicable zoning, building, housing, and other regulatory ordinances and laws affecting the Assemblage Parcel. Grantee accepts the property with full awareness of the ordinances and laws as they may affect the present use or any intended future use of the property. 8.General Provisions. 8.1.Possession. Grantee will be entitled to sole possession of the Assemblage Parcel from and after the date of Closing. 8.2.No Partnership. This Agreement is not intended to create an shall not in be in any way interpreted or construed to create a joint venture, partnership, or any similar relationship between the Parties. 8.3.No Third Party Beneficiaries. The Grantor and Grantee are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement. 8.4.Severability. The parties agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. PROPERTY LINE ADJUSTMENT AGREEMENT 440-450 Parr Road NE, Woodburn, Oregon Page 3 of 13 53 8.5.Governing Law . This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, "Claim") between the Grantor and Grantee that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon. The Parties hereby agree to the in personam jurisdiction of such court and waives any claims of an inconvenient forum. 8.6.Merger Clause; Waiver. This Agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver by that party of that or any other provision. \[Signatures Follow on Next Page\] PROPERTY LINE ADJUSTMENT AGREEMENT 440-450 Parr Road NE, Woodburn, Oregon Page 4 of 13 54 The Parties have entered into this Property Line Adjustment Agreement as of the day and year first written above. GRANTOR: WOODBURN SCHOOL DISTRICT By: Its: Date STATE OF OREGON ) COUNTY OF MARION ) ss. The foregoing instrument was acknowledged before me on this day of , 2020, by as the of . ___________________________ ___________________________ (Print Name) My appointment expires:_______ GRANTEE: CITY OF WOODBURN Scott Derickson City Administrator Date STATE OF OREGON ) COUNTY OF MARION ) ss. The foregoing instrument was acknowledged before me on this day of , 2020, by as the of . ___________________________ ___________________________ (Print Name) My appointment expires:_______ PROPERTY LINE ADJUSTMENT AGREEMENT 440-450 Parr Road NE, Woodburn, Oregon Page 5 of 13 55 EXHIBIT A DESCRIPTION OF GRANTOR'S PROPERTY Address: 440-450 Parr Road NE, Woodburn, Oregon 97071 Tax Parcel #: 052W13 00500 Acres: 48.32 Property Description: \[legal description to be inserted\] GRANTOR'S PROPERTY \[SCHOOL DISTRICT PROPERTY\] PROPERTY LINE ADJUSTMENT AGREEMENT 440-450 Parr Road NE, Woodburn, Oregon Page 6 of 13 56 EXHIBIT B DESCRIPTION OF GRANTEE'S PROPERTY Address: 900 Parr Road NE, Woodburn, Oregon 97071 Tax Parcel #: 052W13 00700 Acres: 24.79 Property Description: \[legal description to be inserted\] GRANTEE'S PROPERTY \[CITY OF WOODBURN PROPERTY\] PROPERTY LINE ADJUSTMENT AGREEMENT 440-450 Parr Road NE, Woodburn, Oregon Page 7 of 13 57 EXHIBIT C NEW PROPERTY LINE MAP GRANTEE'S PROPERTY GRANTOR'S PROPERTY \[CITY OF WOODBURN PROPERTY\] \[SCHOOL DISTRICT PROPERTY\] EXISTING BOUNDARY TO REMAIN NEW PROPERTY LINE ASSEMBLAGE PARCEL PROPERTY LINE ADJUSTMENT AGREEMENT 440-450 Parr Road NE, Woodburn, Oregon Page 8 of 13 58 EXHIBIT D FORM OF PROPERTY LINE ADJUSTMENT DEED \[Like form to be recorded after application approved and upon Closing\] After recording return to: PROPERTY LINE ADJUSTMENT DEED , GRANTOR, convey and warrants to , GRANTEE, the following described real property, situated in Marion County, State of Oregon: SEE LEGAL DESCRIPTION ON ATTACHED EXHIBIT "A" The true consideration for this conveyance is . This is a property line adjustment deed. In compliance with ORS 92.190, the following information is furnished: 1.The names of the parties to this deed are as set forth above. 2.The description of the adjusted line is as follows: SEE LEGAL DESCRIPTION ON ATTACHED EXHIBIT "B" 3.The deed whereby Grantor acquired title to the transferred property is recorded in Reel No. of the Deed of Records of Marion County, Oregon. 4.The deed whereby Grantee acquired title to the property to which the transferred property is joined is recorded in Reel No. of the Deed of Records of Marion County, Oregon. 5.The survey and monumentation, as required by ORS 92.060 and 209.250, were done by . The survey is filed with the County Surveyor under Marion County Surveyor's Records, Map No. . BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES PROPERTY LINE ADJUSTMENT AGREEMENT 440-450 Parr Road NE, Woodburn, Oregon Page 9 of 13 59 NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. DATED this day of , 2020. GRANTOR: WOODBURN SCHOOL DISTRICT By: Its: STATE OF OREGON ) COUNTY OF MARION ) ss. The foregoing instrument was acknowledged before me on this day of , 2020, by as the of . ___________________________ ___________________________ (Print Name) My appointment expires:_______ ACCEPTANCE The undersigned Grantee hereby accepts this property line adjustment deed and signs this acceptance in accordance with ORS 92.190(4). GRANTEE: CITY OF WOODBURN Scott Derickson City Administrator STATE OF OREGON ) COUNTY OF MARION ) ss. PROPERTY LINE ADJUSTMENT AGREEMENT 440-450 Parr Road NE, Woodburn, Oregon Page 10 of 13 60 The foregoing instrument was acknowledged before me on this day of , 2020, by as the of . ___________________________ ___________________________ (Print Name) My appointment expires:_______ PROPERTY LINE ADJUSTMENT AGREEMENT 440-450 Parr Road NE, Woodburn, Oregon Page 11 of 13 61 DEED EXHIBIT "A" \[Legal description of property to be conveyed\] PROPERTY LINE ADJUSTMENT AGREEMENT 440-450 Parr Road NE, Woodburn, Oregon Page 12 of 13 62 DEED EXHIBIT "B" \[Legal description of adjusted property line\] PROPERTY LINE ADJUSTMENT AGREEMENT 440-450 Parr Road NE, Woodburn, Oregon Page 13 of 13 63 Agenda Item June 8, 2020 TO:Honorable Mayor and City Council FROM: Scott Derickson, City Administrator Jamie Johnk, Economic Development Director SUBJECT:CDBG Revolving Loan Funds RECOMMENDATION: Authorize the City Administrator to submit a letter to Business Oregon requesting the reallocation of Community Development Block Grant (CDBG) Housing Rehab program income to a qualified non-profit agency for use to establish a mortgage assistance revolving loan program for eligible low to moderate income Woodburn residents. : BACKGROUND In 1995 and 1996, the City received Community Development Block Grant (CDBG) funds toestablish a Housing Rehabilitation Revolving Loan Fund. Funds were disbursed to qualifying Woodburn residents. After expending the housing rehab funds, the City discontinued the revolving loan program. Over the years, loans have been repaid and the City now carries a balance of approximately $410,000 in CDBG Housing Rehab program income. Since the city no longer offers housing rehab loans and funds remain subject to federal regulations, the city is limited on the use of these funds. DISCUSSION: Due to the COVID-19 pandemic, Woodburn residents and families have been financially impacted. Residents have lost their jobs and financial security resulting in their inability to pay their household expenses and many are at risk of losing their homes dueto their inability to pay their mortgages. In our effort to identify resources to assist Woodburn residents, staff identified the balance of funds from the previous housing rehab program. Staff met with Business Oregon CDBG program staff and inquired about repurposing these funds for mortgage assistance. Business Oregon advised that in order to establish a mortgage assistance revolving loan fund the city would need to submit a letter outlining a reallocation plan for the funding, as well as to identify aqualified non- profit to receive the funds and administer the mortgage assistance program. Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___ 64 Honorable Mayor and City Council June 8, 2020 Page 2 The City is currently in discussions with eligible non-profit organizations that have expressed an interest and ability to manage the mortgage assistance program. Once a suitable partnership has been identified, the City will work in partnership with the selected non-profit organization to develop criteria for the program that meets CDBG regulations and submit that plan to Business Oregon for their approval. The City anticipates submitting its letter of request to Business Oregon in the coming two weeks and then upon approval, transferring the funds for reallocation soon thereafter. FINANCIAL IMPACT: The current balance of funds in the CDBGHousing Rehab program is $410,000. Funds would be transferred to a non-profit for administration and management of the program. 65 Agenda Item June 8, 2020 To: Honorable Mayor and City Council through City Administrator From:Chris Kerr,Community Development Director Subject:Call-Up Briefing:Planning Division StaffApproval of a Preliminary Partition of Parcel 3, Partition Plat 2019-069 (Phase 3B of Smith Creek) RECOMMENDATION: Staff recommends noactionand briefs the Council on this item pursuant to Woodburn Development Ordinance (WDO)Section 4.02.02.The Council may call up this item for review if desired and, by majority vote, initiate a review of this decision. BACKGROUND: The property owner through Stafford Land Company and Ordinance No. 2565 (2018) annexedterritory including the subject property and obtained approval of a planned unit development(PUD), preliminary subdivision, and ancillary applications for the Smith Creek Development viathe Final Order of November 14, 2018. The approval includeda phasing plancovering nine phases. This two-lotpartition relates to Phase 3B of the Smith Creek Development project. The proposal is part of a private arrangement between the property owner and the Woodburn School District to transfer ownership of open space / parklandto the District. No changes to the Smith Creek Development project and no development or establishment of any new land uses were proposed through this partition. Agenda Item Review:City Administrator ___x___CityAttorney __x____ 66 Agenda Item June 8, 2020 TO:Honorable Mayor and City Council through City Administrator FROM:Chris Kerr,Community Development Director Colin Cortes, AICP,CNU-A, Senior Planner SUBJECT:Call-Up Briefing: Planning Commission Approval of Design Review, Phasing Plan, Property Line Adjustment,Street Exception, and Variance Applications for Allison Way Apartments on three lots with no street addresses and located atthe intersection of Stacy Allison Way & Hooper Street (DR 2019-05, PP 2019-01, PLA 2019-04, EXCP 2020-05, & VAR 2019-04) RECOMMENDATION: Staff recommends noactionand briefs the Council on this item pursuant to Woodburn Development Ordinance (WDO) Section 4.02.02.The Council may call-up this item for review if desired and, by majority vote, initiate a review of this Commission decision. BACKGROUND: The Planning Commission held a public hearing on May28, 2020and approved by 3-2 vote the consolidated applications package (Type III) with the conditions recommended by staff through the staff reportpublished May 21;except for the three revision items described below in the “Approval with Revisions” section. Staff next provides a few sections of project background that lead up to and give context to the three revisions. Images See the next few pages for an aerial photo, a site plan, and a three-dimensional artist’s rendering. 67 Aerial map (2016) with site outlined in yellow Site plan(Note: Staff colored the applicant’s Exhibit 3) Page 2 of 8 68 Applicant’s artist’s rendering: bird’s eye perspective looking northwest (Gray bands represent carports) Project Description The project is site development of 19.03 acres into 586 apartments across 23 buildings in two phases, Phase 1 being 179 apartments across 7 buildings on 5.93 acres north of Hooper Street and the remainder constituting Phase 2 south of Hooper. Each phase includes common facilities: a clubhouse / leasing office / recreation building, small plaza adjacent to the common building, and a barbeque (BBQ) pit. Phase 2 adds a children’s play area. The developer estimates build-out to the year 2024. The buildings are three-story walk-ups, conventional for new construction of apartments. Since application in June 2019, the applicant and staff worked together to revise the project to include: Benches in common areas Bicycle parking: Lots of it for residents and visitors (over 600 stalls and over 50 of them sheltered) Page 3 of 8 69 Buildings framing Hooper Street,which is a quiet local street,and set back farther from Stacy Allison Way and I-5,which are wider, louder, and more heavily trafficked ways Electric vehicle (EV) stalls (36) with charging stationsfor resident benefit Landscaping to acoustically and visually buffer residents from I-5 Larger middle landscaped islands in the parking courts Well-landscaped courtyards among buildings Looped vehicular circulationboth for fire truck access and resident and visitor wayfinding Speed table, also known as a raised crossing,within a walkway crossing of adrive aisle near the children’s play area Walkway crossings of drive aisles that are visually distinct with different pavement as well as striping; and Public plaza along Hooper Street Street improvements –see the next section. Street Improvements Street improvements for this project are upgrades of street frontages to bring existing Stacy Allison Way –which has curb-tight sidewalk –and Hooper Street into greater conformance with the model / standard cross sections of WDO Figures 3.01D & G and to have the Stacy Allison Way extension south/southwest from Hooper Street to the south site development boundary conform more with Figure 3.01D. The chief visible results will be on-street parallel parking on Hooper and, along Stacy Allison, planter strips with street trees and wide sidewalk. There are additional public off-site street improvements the developer will construct in the area between the subject property and Oregon Highway 214 to (a) fill gaps in sidewalk and (b) provide curb ramps where lacking for better accessibility per the federal Americans with Disabilities Act (ADA). Off-site improvements provide safer and more dignified walking and cycling routes between the project and attractions in the highway commercial area and east along through-street W. Hayes Street, particularly for the many cyclists staff continually notices who prefer sidewalk to street. Zoning The subject property is in the Commercial General (CG) zoning district. Though at present in the CG district multiple-family dwellings are prohibited in some areas of the district and a conditional use (CU) in others because of Council adoption of Ordinance No. 2573 on June 24, 2019, application submittal was prior to the effective date of the ordinance (July 24, 2019). Page 4 of 8 70 Variances The six variance requests were to vary from WDO: 1.Driveway width minimum (Table 3.04A) 2.Parking ratio minimum (Table 3.05A); 3.Compact parking percentage maximum (3.05.03C); 4.Drive aisle width minimum (Table 3.05C); 5.Parking area curb height minimum (3.06.02I); and 6.Architectural Wall (Table 3.06D & 3.06.06). Regarding requests 2 & 6 that the Commission most discussed: Request 2: The developer testified that as is conventional the future property manager will manage parking through a permit system and allocate a stall per one-bedroom apartment and two stalls per two-bedroom apartment, setting clear rules of conduct for tenants regarding parking. In keeping with the Commission approval, staff will draft a condition (V9-2) that allows for such allocation and results in a minimum average of 1.77 stalls per dwelling. The developer asked to modify the Street Exception request regarding Stacy Allison Way to allow on-street parallel parking along both sides, which would have lessened variance request 2 but also precluded both planter strip and street trees. Chair Piper objected and none of the remaining commissioners voiced support forhaving on-street parking on Stacy Allison Way. Request 6: The Phase 2 acreage, south of Hooper Street, would have required a 6-foot screen wall, which the WDO terms an “Architectural Wall”, along the east and southeast lot lines adjacent to the ParadisePointe subdivision. This is because WDO Table 3.06D is premised among differences between zoning districts and between land uses, in this case because of difference both between zoning districts (CG, which is commercial; RSN, which is residential) and land uses (multiple-dwelling residential or apartments, single-family residential or houses). The project substitutes a wide landscaped buffer with shrubbery and trees. (Apartment building heights and setbacks meet WDO standards.) Staff recommended approval with a condition to improve screening by adding a 6-foot cedar wood fence along each of the two parking areas closest to the property lines. The Commission approved this. Approval with Revisions The three Commission revisionsare: 1.Striking transportation Condition T-BP9that would have required the Evergreen Path, a bicycle/pedestrian path approximately 350 feet (ft) long within the unimproved Evergreen right-of-way (ROW) and extending from Smith Creek Development Phase 1A Tract ‘D” boundary north to the Page 5 of 8 71 existing Montebello 2 subdivision bicycle/pedestrian path that connects to Baylor Drive at Citadel Street per the images below: Exhibit T-BP9A. Location and Conceptual Alignment Exhibit T-BP9B. Starting Point Alignment Context: Smith Creek Development Phase 1A Tract “D”, from Stafford Land Co. Exhibit C-8A-1 (2017) Page 6 of 8 72 2.Revising Street Exception Condition EX2 to omit a landscaped median from the required custom cross section of the Stacy Allison Way extensionto maintain a continuous two-way left turn lane along and between Interstate 5 and the approximately 800 ft of site development frontage that has no driveways; and Exhibit EX2b revised June 2 (This median example concept is not to scale.) Page 7 of 8 73 3.Approving variance request 2 regarding parking ratio minimum (WDO Table 3.05A, Residential 1)and setting a minimum average of1.77 stalls per dwelling that staff will append within the final decision document as Condition V9-2. The split vote resulted from disagreement not about the overall project, but instead about theoverall justification ofthe six variance requestsand the Street Exception request,Commissioner Berlin’s objection to variance request 6 to not construct anArchitectural Wall (WDO Table 3.06D), and Commissioners Berlin and Corning objecting to variance request 2 regarding parking ratio minimum. Testimony Twoparties testified not in oppositionto the project but instead to voice concerns about its perceived effects: 1.Stephen D. Rippeteau (homeowner, 562 Prairie St); and 2.Johanna Venegas (homeowner, 585 Prairie St). Mr. Rippeteau voiced concerns about: Parking, because of property management of Cascade Meadows Apartments (311 Evergreen Rd) Semi-truckdrivers that ignore a no-truck sign in the directionWalmart (3002 Stacy Allison Way; staff believes he meant the no-truck sign on Stacy Allison Way for westbound traffic and located just west of the Walmart truck driveway that is near Harvard Dr) Wanting a second I-5 interchange (in the direction of Salem) Wanting extension of Evergreen Road south (to Parr Rd); and Wanting a second grocery store besides Walmartto have a nearby alternative instead of Safeway (1520 N. Pacific Hwy). Ms. Venegas voiced concerns about: School capacity Rising cost of living in the area;and Traffic. Appeal Any of thethree parties with standing can appeal the Commission final decision per WDO 4.02.01B, and the Councilwould hear an appeal. Page 8 of 8 74