The URL can be used to link to this page

August 10, 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 A UGUST 10,2020–7:00 P.M. E RIC M ORRIS,C OUNCILOR W ARD VI VIAVIDEOCONFERENCING 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.Presentation on the Woodburn Mortgage Assistance Program by DevNW 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.** August 10,2020Council 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. A.Woodburn City Council minutes ofJuly13, 20201 Recommended Action: Approve the minutes. B.Woodburn City Council Executive Session minutes of July 13, 20207 Recommended Action: Approve the minutes. C.Woodburn City Council Work Session minutes of July 27, 20208 Recommended Action:Approve the minutes. D.Woodburn City CouncilExecutive Session minutes of July27, 202011 Recommended Action:Approve the minutes. E.Acceptance of a Public Utility Easement at 619 Harrison Street, 12 Woodburn, OR 97071 (Tax Lot 051W07CD01501) Recommended Action:Authorize the dedication of a public utility easement granted by Nathan and Tiffany Kosikowski, owners of the property located at 619 Harrison Street, Woodburn, OR 97071 (Tax Lot 051W07CD01501). F.Acceptance of a Public Right-of-Way Dedication at 619 Harrison17 Street, Woodburn, OR 97071 (Tax Lot 051W07CD01501) Recommended Action:Authorize the dedication of a 6-foot public right-of-way granted by Nathan and Tiffany Kosikowski, owners of the property located at 619 Harrison Street, Woodburn, OR 97071 (Tax Lot051W07CD01501). G.IGA with Marion County for “eProsecutor” Access22 Recommended Action:Authorize the City Administrator and Chief of Police to sign an Intergovernmental agreement with Marion County for access to the District Attorney’s Office “eProsecutor” software. H.Building Activityfor July 202028 Recommended Action: Receive the report. I.Reaffirmation of City Excessive Force Policy Declaration43 Recommended Action:Reaffirm the City’s Excessive Force Policy Declaration. J.Liquor License Application for Woodburn-Denn LLC.45 August 10,2020Council Agenda Pageii Recommended Action:Recommend that the OLCC approve the Liquor License Applicationfor Woodburn-Denn LLC. K.Liquor License Application for OGA Golf Course Inc.47 Recommended Action:Recommend that the OLCC approve the Liquor License Application for OGA Golf Course Inc. L.Liquor License Application for Fusion 99 Inc.49 Recommended Action:Recommend that the OLCC approve the Liquor License Application for Fusion 99 Inc. M.Liquor License Application for Mango’s Bar LLC.51 Recommended Action:Recommend that the OLCC approve the Liquor License Application for Mango’s Bar LLC. N.Liquor License Application for B&E 4 LLC.53 Recommended Action:Recommend that the OLCC approve the Liquor License Application for B&E 4 LLC. O.Crime Statistics through June 202055 Recommended Action:Receivethe report. 9.TABLED BUSINESS None. 10.PUBLIC HEARINGS None. 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 commencing this portion of the Council’s agenda. Comment time may be limited by Mayoral prerogative. A.Council Bill No.3135-A Resolution Addressing Fair Housing 60 Assistance in the City of Woodburn, as Required by the Oregon Community Development Block Grant Program and the United Statement Department of Housing and Urban Development; and Repealing and Replacing Resolution No. 1346 Recommended Action:Adopt the updated Fair Housing Resolution; repealing and replacing Resolution 1346. B.Council Bill No.3136-A Resolution Adopting the ”Mayor’s Pledge” 64 Related To Use of Force and Authorizing the Mayor to Sign the August 10,2020Council Agenda Pageiii Mayor’s Pledge On-Line Recommended Action:Consider the adoption of the attached Resolution Adopting the “Mayor’s Pledge” Related to the Use of Force and Authorizing the Mayor’s Signature On-line. C.Sale of Property Located at 11842 NE Chateau Dr.68 Recommended Action:Authorize the City Administrator to enter into a purchase and sale agreement and transfer title of City owned property located at 11842 Chateau Dr. NE, Woodburn, OR 97071 to Rubin Ramirez Guzman and Luz M. Ramirez-Tarin by means of a Statutory Warranty Deed. 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 Preliminary81 Partition of Parcel 1, Partition Plat 2019-063 (Phase 1B of Smith Creek) 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 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. August 10,2020Council Agenda Pageiv 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. August 10,2020Council Agenda Pagev COUNCIL MEETING MINUTES JULY 13, 2020 DATECOUNCILCHAMBERS,CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY13, 2020 CONVENEDThe meeting convened at 7:03 p.m. with Mayor Swenson presiding. ROLL CALL Mayor Swenson Present Councilor CarneyPresent Councilor Cornwell Present Councilor SchaubPresent -via video conferencing Councilor MorrisPresent -via video conferencing Councilor EllsworthPresent Councilor Cabrales Present -via video conferencing Staff Present(via video conferencing):City Administrator Derickson, City Attorney Shields, Economic Development Director Johnk, Community Development Director Kerr, Police Chief Ferraris,Operations Director Stultz, Finance Director Turley,Assistant City Attorney Granum, Human Resources Director Gregg, Community Relations Manager Guerrero, Engineering Director Liljequist, Parks and Recreation Manager Cuomo, Economic Development Assistant Setzer, Senior Planner Cortes, City Engineer Garcia, City Recorder Pierson PRESENTATIONS ROW Consultants LLC - Draft Utility Services Ordinance -Assistant City Attorney Granum and Reba Crocker with ROW Consultants LLC, provided informationon the Right of Way management program.Councilor Carney stated that he would like to see a one year after action analysis. Woodburn Emergency Business Assistance Grant Report -Economic Development Director Johnk provided an overview of the City’s Business Assistance Grant program and an update on the outcomes of the program. Community Outreach Update - Community Relations Manager Guerrero provided information on the City’s community outreach efforts.Economic Development Assistant Setzer provided information on the City’s business assistance efforts. CONSENT AGENDA A.Woodburn City Council minutes of June 8, 2020, B.Woodburn City Council Special Meeting minutes of June 25, 2020, C.Woodburn City Council Executive Session minutes of June 25, 2020, D.Redflex Contract Extension Amendment, E.Acceptance of a Warranty Deed at 270 Montgomery Street, Woodburn, OR 97071 (Tax Lot 051W18BA06400), F.Marion County Cooperation Agreement for Community Development Block Grant Funds, G.Crime Statistics through May 2020, H.Building Activity for June 2020. Page 1 - Council Meeting Minutes, July 13, 2020 1 COUNCIL MEETING MINUTES JULY 13, 2020 Carney/Ellsworth… adopt the Consent Agenda. The motion passed unanimously. PUBLIC HEARINGS 2020 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FROM BUSINESS OREGON FOR THE FARMWORKER HOUSING AND DEVELOPMENT CORPORATION (FHDC) FAMILY RESOURCE CENTER AND EDUCATIONAL FACILITY IN WOODBURN A Public Hearing to consider input on the 2020 Community Development Block Grant (CDBG) from Business Oregon for the Farmworker Housing and Development Corporation (FHDC) Family Resource Center and Educational Facility in Woodburn. Mayor Swenson declared the hearing open at 7:59p.m. for the purpose of hearing public input on the 2020 Community Development Block Grant (CDBG) from Business Oregon for the Farmworker Housing and Development Corporation (FHDC) Family Resource Center and Educational Facility in Woodburn.City Recorder Pierson stated the following: The City of Woodburn is eligible to apply for a 2020 Community Development Block Grant from Business Oregon. Community Development Block Grant funds come from the U.S. Department of Housing and Urban Development. The grants can be used for public facilities and housing improvements, primarily for persons with low and moderate incomes. Approximately $12 million will be awarded to Oregon non-metropolitan cities and counties in 2020. The maximum grant that a city or county can receive for a community facilities project is $1,500,000. The City of Woodburn is preparing an application for a 2020 Community Development Block Grant from Business Oregon for Farmworker Housing Development Corporation’s (FHDC) Family Resource Center and Educational Facility in Woodburn to accommodate activities and services primarily or exclusively for low to moderate income clientele. It is estimated that the FHDC services will service the Woodburn community with a population of 25,067, of which 55.09% percent are low or moderate income. Permanent involuntary displacement of persons or businesses is not anticipated as a result of the proposed project. If displacement becomes necessary, alternatives will be examined to minimize the displacement and provide required/reasonable benefits to those displaced. Any low and moderate-income housing that is demolished or converted to another use will be replaced. Notice of this hearing was nd posted in the July 2edition of the Statesman Journal in both English and Spanish. City Administrator Dericksonand Economic Development Director Johnk provided a staff report. Maria Elena Guerra, Executive Director at FHDC and Claudia Cantu, Deputy Director of FHDC provided information on the Family Resource Center and Educational facility.Mayor Swenson asked if anyone from the public would like to speak on this subject. No members of thepublic wished to speak in either support or opposition of the 2020 Community Development Block Grant (CDBG) from Business Oregon for the Farmworker Housing and Development Corporation (FHDC) Family Resource Center and Educational Facility in Woodburn. Mayor Swensondeclared the hearing closed at 8:11 p.m. COUNCIL CALL-UP OF PLANNING COMMISSION APPROVAL OF ALLISON WAY APARTMENTS (DESIGN REVIEW DR 2019-05, PHASING PLAN PP 2019- 01, PROPERTY LINE ADJUSTMENT PLA 2019-04, STREET EXCEPTION EXCP 2020-05, AND VARIANCES 2019-04) A Public Hearing to consider input onCouncil Call-up of Planning Commission approval of Allison Way Apartments (Design Review DR 2019-05, Phasing Plan PP 2019-01, Page 2 - Council Meeting Minutes, July 13, 2020 2 COUNCIL MEETING MINUTES JULY 13, 2020 Property Line Adjustment PLA 2019-04, Street Exception EXCP 2020-05, and Variances 2019-04). Mayor Swenson declared the hearing open at 8:11p.m. for the purpose of hearing public input on Council Call-up of Planning Commission approval of Allison Way Apartments (Design Review DR 2019-05, Phasing Plan PP 2019-01, Property Line Adjustment PLA 2019-04, Street Exception EXCP 2020-05, and Variances 2019-04).The Mayor asked the Council if they had declarations. Council Carney stated that he rides his bike by the location. Council Morris stated that he walked the site around 3 weeks ago. City Recorder Pierson read the Public Hearing Statement. Senior Planner Cortes provided a staff report.Eugene Labunsky provided information on the application. Mayor Swenson asked if anyone from the public would like to speak in favor of the application. No members of the public wished to speak in support of the application.Mayor Swenson asked if anyone from the public would like to speak in opposition of the application.Steve Rippeteau, 562 Prairie St., stated that he had concerns about there being enough parking and that a wall would be a better choice than the trees and shrubs that are proposed. He also stated that he has concerns about the street arrangement as it will have the neighborhood blocked in. The applicant Eugene Labunsky provided rebuttal. Mayor Swenson declared the hearing closed at 9:30 p.m. Council asked questions and provided comments. Carney/Ellsworth…approve the consolidated application DR 2019-5, PP 2019-1, PLA 2019-4, EXCP 2020-5. Mayor Swenson asked who was in favor of the motion. Councilors Ellsworth, Cornwell, Carney, Cabrales, and Schaub said aye.The motion passed with Councilor Morris not voting. Councilor Morris stated that he didn’t vote because he didn’t understand the motion. Carney/Morris…that the project does include the pathway.The motion passed unanimously. Carney/Cornwell…deny variance #2 which is the parking ratio minimum and by default return to our WDO of 2 spaces or stalls per dwelling. The motion passed unanimously. Carney/Cornwell… deny variance #3 which has to do with compact parking percentages so that by defaultit returns to the WDO of 20%. The motion passed with Councilors Ellsworth and Schaub voting no. Carney/Cabrales…deny variance #4the drive aisle width minimumand returnitto the WDO figure sothat thedrive aisles are sufficiently wide so that cars can maneuver well. On roll call vote Councilors Morris, Carney,and Cabrales voted aye. Councilors Ellsworth, Cornwell, and Schaub voted no. Mayor Swenson voted aye to break the tie. The motion passed. Carney/Ellsworth…approve variances 1, 5, and 6. Councilor Carney withdrew the motion. Carney/Cornwell… approve variance #1. The motion passed unanimously. Carney/Ellsworth… approve variance #5. The motion passed unanimously. Carney/Ellsworth… approve variance #6. The motion passed with Councilor Cabrales Page 3 - Council Meeting Minutes, July 13, 2020 3 COUNCIL MEETING MINUTES JULY 13, 2020 voting nay. The developer agreed to extend the final decision due date from July 30, 2020 to October 30, 2020. Ellsworth/Schaub…continue consideration of theland use application until August 10 and at that time the applicant would be presenting modifications and those would be further considered by the Council and the applicant also would be waiving the 120 day rule until October 30, 2020. The motion passed with Councilor Carney voting nay. FY 2020-2021 SUPPLEMENTAL BUDGET REQUEST FOR A TRANSFER FROM CONTINGENCY TO MATERIAL SERVICES FOR CBDG HOUSING REHAB PROGRAM FUNDS A Public Hearing toconsider input on the FY 2020-2021 Supplemental Budget Request for a Transfer from Contingency to Material Services for CBDG Housing Rehab Program Funds. Mayor Swenson declared the hearing open at 10:35 p.m. for the purpose of hearing public input on the FY 2020-2021 Supplemental Budget Request for a Transfer from Contingency to Material Services for CBDG Housing Rehab Program Funds.City Administrator Derickson provided a staffreport. Mayor Swenson asked if anyone from the public would like to speak on this subject. No members of the public wished to speak in either support or opposition of theFY 2020-2021 Supplemental Budget Request for a Transfer from Contingency to Material Services for CBDG Housing Rehab Program Funds. Mayor Swenson declared the hearing closed at 10:36 p.m. COUNCIL BILL NO. 3130 - AN ORDINANCE REPEALING ORDINANCE 1766 AS PART OF THE ORDINANCE REVIEW/REVISION PROJECT AND DECLARING AN EMERGENCY Carney introduced Council Bill No. 3130. City Recorder Pierson read the bill twice by title only since there were no objections from the Council. Assistant City Attorney Granum provided a staff report.On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared Council Bill No. 3130 duly passed. COUNCIL BILL NO. 3131 - A RESOLUTION AUTHORIZING APPLICATION FOR- AND ACCEPTANCE OF A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE REHABILITATION OF THE FAMILY RESOURCE CENTER AND EDUCATIONAL FACILITY OWNED AND OPERATED BY FARMWORKER HOUSING DEVELOPMENT CORPORATION; AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN AND EXECUTE ALL NECESSARY DOCUMENTS TO THAT EFFECT Carney introduced Council Bill No. 3131. City Recorder Pierson 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 Swenson declared Council Bill No. 3131 duly passed. COUNCIL BILL NO. 3132 - A RESOLUTION APPROVING TRANSFERS OF FY 2020-2021 APPROPRIATIONS AND APPROVING A SUPPLEMENTAL BUDGET Carney introduced Council Bill No. 3132. City Recorder Pierson read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill Page 4 - Council Meeting Minutes, July 13, 2020 4 COUNCIL MEETING MINUTES JULY 13, 2020 passed unanimously. Mayor Swenson declared Council Bill No. 3132 duly passed. COUNCIL BILL NO. 3133 - A RESOLUTION AUTHORIZING DEFEASANCE AND PREPAYMENT OF SERIES 2011 BONDS Carney introduced Council Bill No. 3133. City Recorder Pierson read the bill by title only since there were no objections from the Council. Finance Directory Turleyprovided a staff report.On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared Council Bill No. 3133 duly passed. COUNCIL BILL NO. 3134 - A RESOLUTION AUTHORIZING EXECUTION OF A COLLECTIVE BARGAINING AGREEMENT BETWEENTHE CITY OF WOODBURN AND THE WOODBURN POLICE ASSOCIATION BEGINNING ON JULY 1, 2020 AND ENDING ON JUNE 30, 2021 Carney introduced Council Bill No. 3134. City Recorder Pierson read the bill by title only since there were no objections from the Council. City Administrator Derickson provided a staff report.On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared Council Bill No. 3134 duly passed. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS A.Call-Up Briefing: Planning Commission Approval of a Design Review, Street Exception, Preliminary Partition, & Variance for North Willamette Valley Habitat for Humanity at an unaddressed lot on the corner of Elm Street and Young Street (DR 2019-09, EXCP 2019-05, PAR 2019-02, & VAR 2019-07). B.Call-Up Briefing: Planning Commission Approval of a Design Review for Woodburn School District at 440 Parr Road (DR 2020-04). The Council declined to call either of these items up. CITY ADMINISTRATOR’S REPORT The City Administrator reported the following: Announced that the City received a 1.5 million dollar grant for the Family resource Center. The City has moved $413,000 to help support low income mortgage holders in Woodburn and provided $50,000 Downtown Grant disbursements that will go to support the residents in Woodburn. Parks and Recreation Manager Cuomo provided information on a Covid-19 project in Woodburn which would bring a mobile medical unit to Woodburn to assist with testing. MAYOR AND COUNCILREPORTS Councilor Ellsworth announced that she will be running for reelection. Councilor Schaub gave a shout out to the Woodburn Cert Team for delivering 33,000 pounds of food. Mayor Swenson stated that he would like to go back to two meetings a month the topics he will be putting on the agenda are: Mayor/Council Communication, Council Communication, Staff/Council Communication,Communication with the Public, Page 5 - Council Meeting Minutes, July 13, 2020 5 COUNCIL MEETING MINUTES JULY 13, 2020 Communication with the Press, re-upping the Global Inclusion Advisory Task Forceand a Covid-19 report and how it’s affecting our zip code and the steps the City is taking. Councilor Morris stated that he continues to get emails from people asking about the Motel 8. He asked the Mayor to talk about the meetings he was involved with that discussed the use of a motel for quarantine and isolation and if he was involved somehow in getting the County to look at the Motel 8 in Woodburn. Mayor Swenson stated that there was discussion about using hotels for that purpose during his meetings but they were not discussing it being in Woodburn, he added that he did not have anything to do with the Motel 8 and the County’s use of the Motel or getting them together to discuss the use. EXECUTIVE SESSION Mayor Swenson entertained a motion to adjourn into executive session under the authority of ORS 192.660 (2)(h)and ORS 192.660 (2)(f).Carney/Ellsworth… move into executive session. The motion passed unanimously.The Council adjourned to executive session at 11:15 p.m. and reconvened at 11:34 p.m. Mayor Swenson stated that no action was taken by the Council while in executive session. ADJOURNMENT Morris/Ellsworth… meeting be adjourned. The motion passed unanimously. The meeting adjourned at 11:34 p.m. APPROVED ERIC SWENSON, MAYOR ATTEST Heather Pierson,CityRecorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, July 13, 2020 6 EXECUTIVE SESSION COUNCIL MEETING MINUTES JULY 13, 2020 DATE, CITY OFWOODBURN, COUNTY OFMARION, STATE OFOREGON, JULY 13, 2020 CONVENED TheCouncil met in executivesession at 11:15 p.m.withMayor Swenson. ROLL CALL Mayor Swenson Present Councilor Carney Present Councilor Cornwell Present Councilor Schaub Present -via video conferencing Councilor Morris Present -via video conferencing Councilor Ellsworth Present Councilor Cabrales Present -via video conferencing Mayor Swenson reminded Councilors and staff that information discussed in executive session is not to be discussed with the public. Media Present: None. Staff Present:City Administrator Derickson, City Attorney Shields, Community Development Director Kerr,Police Chief Ferraris, Assistant City Attorney Granum, City Recorder Pierson The executive session was called: 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 (2)(h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2)(f). ADJOURNMENT The executive session adjourned at 11:34 p.m. APPROVED_______________________________ Eric Swenson, Mayor ATTEST_______________________________ Heather Pierson,CityRecorder City of Woodburn, Oregon Page 1 – Executive Session, Council Meeting Minutes, July 13, 2020 7 COUNCIL WORKSESSION MEETING MINUTESJULY 27, 2020 DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 27, 2020 CONVENEDThe work sessionconvened at 7:01 p.m. with Mayor Swenson presiding. COUNCIL PRESENT Mayor Swenson Present -via video conferencing Councilor Carney Present -via video conferencing Councilor Cornwell Present -via video conferencing Councilor Schaub Present -via video conferencing Councilor Morris Present -via video conferencing Councilor EllsworthPresent -via video conferencing Councilor Cabrales Present -via video conferencing Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Police Chief Ferraris, Parks and Recreation Manager Cuomo, City Recorder Pierson WORK SESSION Communication Mayor Swenson and the City Council discussed how communication between the Mayor and City Council, Councilor Communication, Staff and Council Communication, Communication with the Public and Communication with the Press have been going so far and how it can be improved. No action was taken by Council. Global Inclusion Advisory Task Force The Mayor and City Councilor’s discussed whether or not to bring backthe Global Inclusion Advisory Task Force.There was discussion about creating a Diversity, Equity and Inclusion Committee.It was suggested that staff look for people that can facilitate a DEI Plan for the City Council. No action was taken by Council. Covid-19 Report Parks and Recreation Manager Cuomo provided an updated on the Covid-19 status in Woodburn and Marion County. No action was taken by Council. CITY ADMINISTRATORS REPORT -$400,000 mortgage assistance plan is moving forward. -$50,000 from the State of Oregon to match funds with the City’s business assistance grant program. -$10,000 has been added to the program from Rotary. Page 1 – Council Work Session Meeting Minutes, July 27, 2020 8 -$50,000 grant from Oregon Health Authority for Covid-19 related community outreach and response. -Ordered 25,000 masks to distribute to the community. -City is receiving $700,000 CARES act funds and a financial plan is being worked on for that. Parks and Recreation Manager Cuomo provided information on a drive through testing event at Centennial Park on August 1, 2020 from 11:00 A.M. to 2:00 P.M. MAYOR AND COUNCIL REPORTS Councilor Carney congratulated the City Administrator and his staff on their financial success. Councilor Morris provided information on the Obama Foundations Mayor’s Pledge which is a pledge to address police use of force policies in the City. City Administrator Derickson stated that if the Council would like they can bring a report back on this. Councilor Schaub stated that the CERT team is doing a terrific job and have put in over 2,000 hours with six teams delivering food every Wednesday. Councilor Ellsworth stated that she would like more information to sign up for the Obama Foundation pledge. She added that she has turned in her paperwork to run for City Council. Mayor Swenson stated that he feels good about the contribution from Rotary and that being involved in community organizations is valuable. He added that they had a school board retreat last week. He stated that he attended the event on the bridge. EXECUTIVE SESSION Mayor Swenson entertained a motion to adjourn into executive session under the authority of ORS 192.660 (2)(h) and ORS 192.660 (2)(f). Carney/Ellsworth… move into executive session. The motion passed unanimously. The Council adjourned to executive session at 9:15 p.m. and reconvened at 9:25 p.m. and Mayor Swenson stated that no action was taken by the Council while in executive session. Carney/Cornwell…authorize the City Attorney to file a Motion to Dismiss the appeal filed by Marion County at the Oregon Land use Board of Appeals. The motion passed unanimously. ADJOURNMENT Morris/Schaub…meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:29 p.m. APPROVED___________________________ ERIC SWENSON, MAYOR Page 2 – Council Work Session Meeting Minutes, July 27, 2020 9 ATTEST_____________________________ Heather Pierson, Recorder City of Woodburn, Oregon Page 3 – Council Work Session Meeting Minutes, July 27, 2020 10 EXECUTIVE SESSION COUNCIL MEETING MINUTES JULY 27, 2020 DATE CITY OFWOODBURN, COUNTY OFMARION, STATE OFOREGON, JULY 27, 2020 CONVENED TheCouncil met in executivesession at 9:15 p.m.withMayor Swenson. ROLL CALL Mayor Swenson Present -via video conferencing Councilor Carney Present -via video conferencing Councilor Cornwell Present -via video conferencing Councilor Schaub Present -via video conferencing Councilor Morris Present -via video conferencing Councilor Ellsworth Present -via video conferencing Councilor Cabrales Present -via video conferencing Mayor Swenson reminded Councilors and staff that information discussed in executive session is not to be discussed with the public. Media Present: None. Staff Present:City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Community Development Director Kerr, Police Chief Ferraris, City Recorder Pierson The executive session was called: 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 (2)(h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2)(f). ADJOURNMENT The executive session adjourned at 9:25 p.m. APPROVED_______________________________ Eric Swenson, Mayor ATTEST_______________________________ Heather Pierson,CityRecorder City of Woodburn, Oregon Page 1 – Executive Session, Council Meeting Minutes, July 13, 2020 11 Agenda Item August 10, 2020 TO:Honorable Mayor and City Council through City Administrator FROM:Eric Liljequist, Public Works Projects & Engineering Director SUBJECT:Acceptance of a Public Utility Easement at 619 Harrison Street, Woodburn, OR 97071(Tax Lot 051W07CD01501) RECOMMENDATION: Authorizethededication of a publicutility easement granted by Nathan and Tiffany Kosikowski, owners of the property located at 619 Harrison Street, Woodburn, OR 97071 (Tax Lot051W07CD01501). BACKGROUND: The property owner is required to provide this public utility easement in order to satisfy the conditions of building permit No. 971-20-000259-DWL. DISCUSSION: Thepublic utiltiyeasement isa5’ x 50’ area that provides apermanent easement and right-of-way, including the permanent right to construct, reconstruct, operate, and maintain public utilities. FINANCIAL IMPACT: There is no cost to the City for thePublic Easement. ATTACHMENTS ACopy of thePublic Utility Easement document is included asExhibit “A” and Exhibit “B”. Agenda Item Review:City Administrator ______City Attorney ______Finance _____ 12 13 14 15 16 Agenda Item August 10, 2020 TO:Honorable Mayor and City Council through City Administrator FROM:Eric Liljequist, Public Works Projects & Engineering Director SUBJECT:Acceptance of a Public Right-of-Way Dedication at 619 Harrison Street, Woodburn, OR 97071(Tax Lot 051W07CD01501) RECOMMENDATION: That City Council authorizethededication of a 6-foot publicright-of-way granted by Nathan and Tiffany Kosikowski, owners of the property located at 619 Harrison Street, Woodburn, OR 97071 (Tax Lot051W07CD01501). : BACKGROUND The property owner is required to provide this public right-of-way dedication in order to satisfy the conditions of building permit No. 971-20-000259-DWL. DISCUSSION: Thepublic right-of-way is a6’ x 50’ area of land on the southerly property boundary that is conveyed by the grantor through a warranty deed. : FINANCIAL IMPACT There is no cost to the City for thepublic right-of-way dedication. ATTACHMENTS ACopy of thepublic right-of-way dedication document is included asExhibit “A” and Exhibit “B”. Agenda Item Review:City Administrator ______City Attorney ______Finance _____ 17 18 19 20 21 Agenda Item August 10, 2020 TO:Honorable Mayor and City Council through City Administrator THRU: Jim Ferraris, Chief of Police Marty Pilcher, Deputy Chief of Police FROM: Austin Solterbeck, Police Support Services Manager SUBJECT:IGA with Marion County for “eProsecutor” Access RECOMMENDATION: Authorize the City Administrator and Chief of Police to sign an Intergovernmental agreement with Marion County for access to the District Attorney’sOffice“eProsecutor” software. : BACKGROUND Since 2004, Marion Countyhas provided law enforcement agencies operating within the county access to their “DACMS” system. This system has allowed law enforcement agencies to review and check the status of cases they have submitted to the District Attorney’s Office for prosecution. Earlier this year, Marion County District Attorney advised law enforcement agencies within the county that they would be replacing their current system (DACMS) with a commercial off-the-shelf system known as “eProsecutor”. This new system includes thefeatures that DACMSprovided; but also allowsusers to securely transmit digital files for prosecution and discovery. Access to this new system requires the aforementioned IGA to be signed before access can be provided to Woodburn Police Department employees. : DISCUSSION This intergovernmental agreement would be effective for 5 yearsafter the date of signature. This software has been heavily utilized by multiple sections within the Woodburn Police Department. Some examples of possible uses include: Agenda Item Review:City Administrator __x____City Attorney ___x___Finance _____ 22 Honorable Mayor and City Council August 10, 2020 Page 2 •Evidence disposition •Responding to PublicRecords Requests, •Case review and •Warrant, Evidence and Case submissions th , 2020; access to this system is As DACMS is slated for termination on July 24 critically important to the success of the Police Department’s mission. FINANCIAL IMPACT: None. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Agenda Item August 10, 2020 TO: Honorable Mayor and City Councilthrough City Administrator FROM:Jamie Johnk, Economic Development Director SUBJECT: Reaffirmation of City Excessive Force Policy Declaration RECOMMENDATION: Reaffirm the City’s Excessive Force Policy Declaration. BACKGROUND: The City has been awarded federal HUD grant funding through the Community Development Block Grant (CDBG) program. Federal program rules require that for the City to receive such funding it must have a current Excessive Force Policy Declaration. The City of Woodburn adopted an Excessive Force Policy Declaration in June 2002. Though no changes to the policy is required, reaffirmation is recommended. : DISCUSSION The Excessive Force Policy declarationstates that it is the policy of the City of Woodburn that: 1) Its law enforcement personnel shall not use excessive force against any individuals engaged in nonviolent civil rights demonstrations; and 2) Applicable state and local laws that prohibitphysically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within the jurisdiction of the city shall be enforced. Reaffirmation of this policy meets the HUD CDBG program requirements. FINANCIAL IMPACT: None. Attachment: Excessive Force Policy Declaration (June 11, 2002) Agenda Item Review:City Administrator ___x___City Attorney ____x__Finance __x___ 43 44 Agenda Item August 10, 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 Liquor License Application for Woodburn-Denn LLC. : BACKGROUND Applicant: Woodburn-Denn LLC 2919 Tom Tennant Drive Woodburn, OR 97071 503-981-9738 Point of Contact:Paul R. Fox th 363 SE 10 Avenue Canby, OR 97013 503-421-6957 Business: Denny’s Woodburn 2919 Tom Tennant Drive Woodburn, OR 97071 503-981-9738 Owner(s): Same as applicant Agenda Item Review:City Administrator ______City Attorney ______Finance _____ 45 Honorable Mayor and City Council August 10, 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 June 30, 2020, the Woodburn Police Department received an application of Off-Premises sales liquor license for Denny’s Woodburn. The business currently operates as a restaurant and bar at 2919 Tom Tennant Drivein Woodburn, OR 97071. The hours of operation are 24 hours every single day. The business operates with coin operated games and video lottery machines for entertainment. The establishment hasrestaurant seating for 105persons and lounge seating for 44 persons. There is no outdoor seasonal seating. Total number of seatingat the business will be for 149 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 investigationof Woodburn Denny’sthrough various police databases and business related databases. No items of concern were located during the check. : FINANCIAL IMPACT None. 46 Agenda Item August 10, 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 Liquor License Application for OGA Golf Course Inc. : BACKGROUND Applicant: OGA Golf CourseInc. 2850 Hazelnut Drive Woodburn, OR 97071 503-981-4653 Point of Contact:Alex Jeli 2850 Hazelnut Drive Woodburn, OR 97071 503-981-4653 Business:OGA Golf Course 2850 Hazelnut Drive Woodburn, OR 97071 503-981-4653 Owner(s): Barbara Trammell, Patrick Nibler, Scott Baines, and Patrick Siver Agenda Item Review:City Administrator ____x__City Attorney ___x___Finance __x___ 47 Honorable Mayor and City Council August 10, 2020 Page 2 License Type(s): Full On-Premises, Commercial -May selland serve liquor, beer, wine and cider for consumption on premises. May sell beer, wine and cider in covered containers, “growlers”, for off premise consumption. Eligible to apply for pre- approved catered events off the licensed premises and to apply for a “special event” license. On July 21, 2020, the Woodburn Police Department received an application of Full On-Premises, Commercialsales liquor license for OGA Golf Course. The business currently operates as a golf course, a restaurant and bar and is located at 2850 Hazelnut Drive, in Woodburn, OR 97071. Aside from golf, there will be no other forms of entertainment or music at the location. The hours of operation are 7 AM to 8 PM Sunday through Saturday. The golf course portion of the businesshours areseasonal due to less daylight during winter hours. The restaurant has seating for 70 persons. There is outdoor seating for 40 persons. Total number of seating at the business is 110 persons. The golf course is also considered “on-premises”.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 investigationonOGA Golf Course and the above listed owners through various police databases and business related databases. No listed owner has any criminal history and all carry valid driver’s licenses. No other items of concern were located during the check. FINANCIAL IMPACT: None 48 Agenda Item August 10, 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 Liquor License Application for Fusion 99 Inc. : BACKGROUND Applicant: Fusion 99 Inc. 1390 N Pacific Hwy Woodburn, OR 97071 503-858-7784 Point of Contact:Andres Londono-Acosta 8710 SW Ash Meadows Road #1115 Wilsonville, OR 97070 503-858-7784 Business:Fusion Restaurant & Lounge 1390 N Pacific Hwy Woodburn, OR 97071 503-858-7784 Owner(s): Andres Londono-Acosta Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___ 49 Honorable Mayor and City Council August 10, 2020 Page 2 License Type(s): Full On-Premises, Commercial -May selland serve liquor, beer, wine and cider for consumption on premises. May sell beer, wine and cider in covered containers, “growlers”, for off premise consumption. Eligible to apply for pre- approved catered events off the licensed premises and to apply for a “special event” license. On July 21, 2020, the WoodburnPolice Department received an application of Full On-Premises, Commercialsales liquor license for Fusion Restaurant & Lounge. The business will operate asa restaurantand bar. The business islocated at 1390 N Pacific Hwy, in Woodburn, OR 97071.Thebusiness will operate with live music, DJ music, video lottery machines and pool tables as forms of entertainment. The hours of operation are 10AM to 2:30 AM,Sunday through Saturday.The business has restaurant seating for 122 persons, lounge seatingfor 94 persons, banquet seating for 54 persons andoutdoor seating for 18persons. Total number of seating at the business is 270 persons. The days and hours of live musicwill be 9 PM to 2:30 AM, Friday, Saturday and Sunday. 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 investigationonFusion Restaurant & Lounge along with the listed owner, Andres Londono-Acosta. Andres Londono-Acosta has a valid driver’s license. In July 2013, Andres Londono-Acosta was arrested and later convicted of misdemeanor Driving Under the Influence (DUII-Alcohol). No other criminal history was located for Andres Londono-Acosta through various police databases and business related databases. No other items of concern were located during the check. FINANCIAL IMPACT: None 50 Agenda Item August 10, 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 Liquor License Application for Mango’s Bar LLC. : BACKGROUND Applicant: Mango’s Bar LLC. 347 N Front Street Suite 3 Woodburn, OR 97071 925-566-4170 Point of Contact:Komal Singh 2560 Lakeview Drive # 3 Eugene, OR 97408 925-566-4170 Business: Mango’s Bar 347 N Front Street Suite 3 Woodburn, OR 97071 925-566-4170 Owner(s): Komal Singh Agenda Item Review:City Administrator __x____City Attorney ___x___Finance _x____ 51 Honorable Mayor and City Council August 10, 2020 Page 2 License Type(s): Full On-Premises, Commercial -May selland serve liquor, beer, wine and cider for consumption on premises. May sell beer, wineand cider in covered containers, “growlers”, for off premise consumption. Eligible to apply for pre- approved catered events off the licensed premises and to apply for a “special event” license. On July 21, 2020, the Woodburn Police Department receivedan application of Full On-Premises, Commercialsales liquor license for Mango’s Bar. The business will operate asabar inside the Metropolis Marketplace. The business islocated at 347 N Front Street Suite 3.The business will operate with live music, DJ music, video lottery machines, coin operated games, pool tablesand dancingas forms of entertainment. The hours of operation are 11 AM to 2 AM, Sunday through Saturday.The business has a total seating of 61 persons available. There is no outdoor seating. The days and hours of live musicwill be 9 PM to 2 AM, Friday andSaturday.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 investigationonMango’s Baralong with the listed owner, Komal Singh.Komal Singh has a valid driver’s license and no criminal history. During the check of Komal Singh through various police databasesan incident was discovered in February 2018, in Eugene. Police responded to an accidental discharge of a firearm in his apartment. The police report indicated that Komal Singh was showing his firearm to a family member and the firearm discharged. No injuries were reported and no criminal charges were filed in this incident. Noother items of concern were located during the check. FINANCIAL IMPACT: None 52 Agenda Item August 10, 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 Liquor License Application for B&E 4 LLC. : BACKGROUND Applicant: B&E 4LLC 1542 Mt. Hood Ave. Woodburn, OR 97071 503-981-3735 Point of Contact:Alvin R Luke 3695 Devonshire Ave. NE Salem, OR 97305 503-409-6820 Business:Woodburn Mega Foods 1542 Mt. Hood Ave. Woodburn, OR 97071 503-981-3735 Owner(s): Julie Ellis Agenda Item Review:City Administrator ____x__City Attorney ___x___Finance __x___ 53 Honorable Mayor and City Council August 10, 2020 Page 2 License Type(s): Limited On-Premises -May selland serve beer, wine, and cider for consumption on the licensed premises. May sell beer in “kegs” for consumption off the licensed premises. May sell beer, wine and cider in a securely covered, “growler”, for consumption off the licensed premises. On August 4, 2020, the Woodburn Police Department received an application of Limited On-Premises sales liquor license for Woodburn Mega Foods. The business currently operates as agrocery store at 1542 Mt. Hood Avenue in Woodburn, OR 97071. The hours of operation are 5 AM to 12 Am Sunday through Saturday. There is no noted entertainment planned at the business nor seating for customers. The business plans on selling kegs of beer to customers from a refrigerated case located inside. 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 investigationof Woodburn Mega Foods and the listed ownerthrough various police databases and business related databases. No items of concern were located during the check. : FINANCIAL IMPACT None 54 55 56 57 58 59 Agenda Item August 10, 2020 TO: Honorable Mayor and City Councilthrough City Administrator FROM:Jamie Johnk, Economic Development Director SUBJECT: Updated Fair Housing Resolution RECOMMENDATION: Adopt the updated Fair Housing Resolution;repealing and replacing Resolution 1346. : BACKGROUND The City has been awarded federal HUD grant funding through the Community Development Block Grant program. Federal program rules require that for the City to receive such funding it must have a current Fair Housing Resolution. In seeking previous rounds of HUD funding the mid-90s, the City adopted Fair Housing Resolution 1346.In reviewing that document, staff determined that certain language for that policy document needed to be updated. : DISCUSSION The attached Fair Housing Resolution provides that within the resources available to the City through city, county, state, federal and community volunteer sources, the City of Woodburn will assist all persons who feel they have been discriminated against because of race, color, religion, sex, disability (physical and mental), familial status (children) or national origin in the process of filing a complaint with the Oregon Civil Rights Division or the U.S. Department of Housing and Urban Development, Seattle Regional Office Compliance Division, that they may seek equity under federal and state laws. The City willpublicize this Resolution and through this publicity shall cause real estate brokers and sellers, private home sellers, rental owners, rental property managers, real estate and rental advertisers, lenders, builders, developers, home buyers and home or apartment renters tobecome aware of their respective responsibilities and rights under the Fair Housing Amendments Act of 1988 and any applicable state or local laws or ordinances. Agenda Item Review:City Administrator ___x___City Attorney __x____Finance ___x__ 60 Honorable Mayor and City Council August 10, 2020 Page 2 The City's previously adopted Fair Housing Resolution (No. 1346) will be repealed and replaced upon adoption of this Resolution. : FINANCIAL IMPACT There will be minimal costs incurred with publishing the Resolution and distributing necessary information and data regarding the Fair Housing Act per HUD's requirements. 61 COUNCIL BILL NO. 3135 RESOLUTION NO. 2160 A RESOLUTION ADDRESSING FAIR HOUSING ASSISTANCE IN THE CITY OF WOODBURN, AS REQUIRED BY THE OREGON COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE UNITED STATEMENT DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND REPEALING AND REPLACING RESOLUTION NO. 1346 WHEREAS, discrimination in the sale, rental, lease, advertising of sale, rental or lease, financing of housing or land to be used for construction of housing, or in the provision of brokerage or rental services because of race, color, religion, sex, disability (physical or mental), familial status (children) or national origin is prohibited by Title VIII of the federal Fair Housing Amendments Act of 1988; WHEREAS,It is the policy of the City of Woodburn tosupport the Fair Housing Amendments Act of 1988 and to implementa Fair Housing Program to ensure equal opportunity in housing for all persons regardless of race, color, religion, sex, disability (physical and mental), familial status (1. children, and 2. actual or perceived sexual orientation, gender identity or marital status or its members), or national origin; WHEREAS,TheCity of Woodburn is therecipient of aCommunity Development Block Grant for the FY 2019-2020; WHEREAS,the Oregon Community Development Program and the United States Department of Housing and Urban Development require that this resolution be adopted to replace the City's previously adopted Fair Housing Resolution (No. 1346);NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That within the resources available to the City through city, county, state, federal and community volunteer sources, the City of Woodburn will assist all persons who feel they have been discriminated against because of race, color, religion, sex, disability (physical and mental), familial status (children) or national origin in the process of filing a complaint with the Oregon Civil Rights Division or the U.S. Department of Housing and Urban Development, Seattle Regional Office Compliance Division, that they may seek equity under federal and state laws. Section 2. That the City shall publicize this Resolution and through this publicity shall cause real estate brokers and sellers, private home sellers, rental owners, rental property managers, real estate and rental advertisers, lenders, Page 1 – COUNCIL BILL NO. 3135 RESOLUTION NO. 2160 62 builders, developers, home buyers and home or apartment renters to become aware of their respective responsibilities and rights under the Fair Housing Amendments Act of 1988 and any applicable state or local laws or ordinances. Section 3. THE FAIR HOUSING PROGRAM, for the purpose of informing those affected of their respective responsibilities and rights concerning Fair Housing law and complaint procedures, will at a minimum include, but not be limited to: 1) the printing, publicizing and distribution of this Resolution; 2) the distribution of posters, flyers, pamphlets and other applicable Fair Housing information provided by local, state and federal sources, through local media of community contacts; and 3) the publicizing of locations where assistance will be provided to those seeking to file a discrimination complaint. Section 4. The City's previously adopted Fair Housing Resolution (No. 1346) is hereby repealed and replaced upon adoption of this Resolution. 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. 3135 RESOLUTION NO. 2160 63 Agenda Item August 10, 2020 TO:Honorable Mayor and Members of the City Council FROM:Scott C. Derickson, City Administrator Jim Ferraris, Chief of Police SUBJECT:Mayor’s Pledge Regarding Use of Force Resolution RECOMMENDATION Consider the adoptionof the attached Resolution Adoptingthe “Mayor’s Pledge” Related to the Use of Force and Authorizing the Mayor’s Signature On- line. DISCUSSION During the City Council’s July 27, 2020 WorkSession it was suggested and discussed that the City Council consider the Obama Foundations “Mayor’s Pledge,” which outlines four areas of recommended actions associated with use of Force Policies. In addition, the resolutionauthorizes the Mayor’s signature on the ObamaFoundation’s pledge found on their website. After reviewing Woodburn’s current use of force policy management and practices, it is being suggested that the four action steps, included in the resolution, for the Council to consider include: The Woodburn City Council hereby formalizes its practice of receiving and reviewing the Woodburn Police Department’s Use of Force Policies and Annual Use of Force Report during a public City Council Meeting. The City Council welcomes and encourages community feedback on the City’s Use of Force Policies and Annual Use of Force Report. The City Council hereby formalizes the City’s practice of ensuring use of police policies and the Annual Use of Force report are available and accessible to the public on the City’s website, or in writing, whenever requested by a member of the public free of charge. Agenda Item Review:City Administrator ___x___City Attorney ____x__Finance ___x__ 64 Honorable Mayor and City Council August 10, 2020 Page 2 The City Council supports the Woodburn Police Department’s Use of Force Policies being reformed and updated as needed to be consistent with national best practices and standards, the best interest of the Woodburn community and police officer safety. FINANCIAL IMPACT None 65 COUNCIL BILL NO. 3136 RESOLUTION NO. 2161 A RESOLUTION ADOPTING THE ‘”MAYOR’S PLEDGE” RELATED TO USE OF FORCE AND AUTHORIZING THE MAYOR TO SIGN THE MAYOR’S PLEDGE ON-LINE WHEREAS, the City Council discussed the Obama Foundation’sMayor’s Pledge during their July 27, 2020, Work Session, recognizing the importance of community, police and City Council relationships, especially in communities of color;and WHEREAS,City Councils are uniquely positioned to influence and establish policies, with guidance and limits on police use of force that protect both police officers and the public; and WHEREAS, being a community of color, with diverse cultures, languages and heritages, we find that adopting the Obama Foundation’s pledge will be beneficial to Woodburn, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. REVIEW: The Woodburn City Council hereby formalizes its practice of receiving and reviewing the Woodburn Police Department’s Use of Force Policies and Annual Use of Force Report during a public City Council Meeting. Section 2. ENGAGE: The City Council welcomes and encourages community feedback on the City’s Use of Force Policies and Annual Use of Force Report. Section 3. REPORT:The City Council hereby formalizes the City’s practice of ensuring use of police policies and the Annual Use of Force report are available and accessible to the public on the City’s website, or in writing, whenever requested by a member of the public free of charge. Section 4. REFORM: The City Council supports the Woodburn Police Department’s Use of Force Policies being reformed and updated as needed to be consistent with national best practices and standards, the best interest of the Woodburn community and police officer safety. Section 5. AUTHORIZATION TO SIGN PLEDGE:Based upon the foregoing, the Mayor is hereby authorized to sign the Mayor’s Pledge on behalf of the City . of Woodburn found at the Obama Foundation’s website: www.obama.org Page 1 –Council Bill No. 3136 Resolution No. 2161 66 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. 3136 Resolution No. 2161 67 Agenda Item August 10, 2020 TO:Honorable Mayor and City Council through City Administrator FROM:Jim Row, Assistant City Administrator SUBJECT:Sale of Property Located at 11842 NE Chateau Dr. RECOMMENDATION: Authorize the City Administrator to enterinto a Purchase and Sale Agreement and transfertitle of City owned property located at 11842 Chateau Dr. NE, Woodburn, OR 97071 to Rubin Ramirez Guzman and Luz M. Ramirez-Tarinby means of a Statutory Warranty Deed. : BACKGROUND Consistent with their adopted FY 14/15 Goals, in October 2015, the City Conducted a public hearing and declared seven City owned parcels as surplus, which was the first step required by the City in order to market and sell properties for which it hadno further public purpose in owning. To date, two of the original sevenparcels havebeen sold – 347 N. Front St (Association Building) was sold to Novera LLC in 2016 and 1750 Park Ave (vacant parcel) was sold to Farmworker Housing Development Corporation in 2018. Earlier this year,Rubin Ramirez Guzman and Luz M. Ramirez-Tarin(Buyers) contacted the City andsubsequentlysubmitted an offer to purchase the subject property, which is located on the Chateau Ranchettes development. After receiving the offer, City Staff contacted the Marion County Assessor’s office with questions about the Real Market Value (RMV) assigned to the property. The Assessor’s office staff indicated that they erroneously assigned a value to a structure(the former well house), which no longer exists on the site. Additionally, they indicated that the vacant parcel should carry a value less thanthat of other parcels in the development, because it does not currently have water and sewer utilities onsite. After these adjustments, the Assessor’s office indicated that they wouldreduce the RMV of the subject property from $73,430 to $50,000. Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___ 68 Honorable Mayor and City Council August 10, 2020 Page 2 According the Assessor’s office, the new value will be effective January 1, 2020, however it won't be reflected on their website until 2020property values are certified this coming fall. City staff were comfortable with the amended value assignment and did notfind it necessary to conduct a formalappraisal. After a brief negotiation, the Buyers agreed to increase their offering price from $45,000 to $50,000. DISCUSSION: Utilizing American Recovery and Reinvestment Act (ARRA) funds received in 2009, the City extended municipal water service totheShalimar, Driftwood, and Chateau Ranchettes mobile home developments. These projects were deemed necessary by the City, since the well water systems at all three developments fell out of compliancewith EPA standards. A componentof the project in theChateau Ranchettes development included the City decommissioning the existing drinking water well. The City purchased the site where the well existed prior to conducting the decommissioning efforts. Once the well was decommissioned, the parcel served no further public purpose, and was eventually declared surplus by the City Council. FINANCIAL IMPACT: The $50,000 in proceeds from the sale will be receipted to the General Fund, which supports general City services, such as police, parks and the Library. Enclosures: Purchase and Sale Agreement 69 PURCHASE & SALE AGREEMENT This Purchase and Sale Agreement (“Agreement”) is entered into this day of , 2020 (“Effective Date”), by and between the City of Woodburn, an Oregon municipal corporation (“Seller”) and Ruben Ramirez Guzman and Luz M. Ramirez-Tarin,individuals ("Buyer") (collectively the "Parties"). RECITALS A.Seller owns fee-simple title to real property generally located at 11842 Chateau Dr. NE, Woodburn, Oregon, more particularly described in Exhibit A (the “Property”). B.Both Parties have agreed to execute this Purchase and Sale Agreement in the form and including the terms and conditions set out in this Agreement. The Parties agrees as follows: AGREEMENT 1.Purchase and Sale, Price, and Payment. 1.1. Purchase and Sale. For and in consideration of the Purchase Price (as defined in Section 1.2) and the mutual promises, covenants, representations, and warranties contained in this Agreement, Seller shall sell and convey, and the Buyer shall purchase the real property, together with all improvements, generally located at 11842 Chateau Dr. NE, Woodburn, Oregon, more particularly described in Exhibit A(the “Property”). 1.2. Purchase Price. Buyer shall pay the Seller the amount of fifty thousand and 0/100 dollars ($50,000.00) as consideration for purchase of the Property (the “Purchase Price”). 1.3. Payment. The Purchase Price shall be payable by the Buyer to the Seller on or before the Closing Date (as defined in Section 2.2.1). Payment may be made through escrow opened with First American Title Company ("Escrow Agent"). . 2. Escrow and Closing 2.1. Opening of Escrow. Seller will open an escrow account at the offices of First American Title Company at 681 Glatt Circle, Woodburn, Oregon. Upon mutual execution of this Agreement, Buyer and Seller shall deliver a fully executed copy of this Agreement to Escrow Agent. 2.2. Closing. 2.2.1Closing Date. The consummation of the purchase and sale of the Property (the “Closing”) will occur within ten (10) days after satisfaction or waiver of the Buyer’s conditions to Closing set forth in Section 4.1 below, and no later than October 31, 2020. The term “Closing Date” means the date of Closing. The Closing will be conducted through escrow with the Escrow Agent (it being the intention of the Parties that all closing documentation and funds will be delivered to the Escrow Agent). PURCHASE & SALE AGREEMENT 11842 Chateau Dr. NE, Woodburn, OR 97071 Page 1 of 11 70 2.2.2Seller’s Closing Obligations . At the Closing, Seller shall: (a)Execute, acknowledge and deliver a Statutory Warranty Deed for the Property subject only to the Permitted Exceptions and such other agreements, documents and instruments as may be necessary to transfer, convey and assign the Property to Buyer; (b)Deliver to Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended, a non-foreign affidavit, stating that Seller is not a foreign person and providing Seller's United States taxpayer identification number; and (c)Deliver to Buyer such other instruments or documents as may be required pursuant to the provisions hereof or as mutually agreed by counsel for Seller and Buyer to be necessary to fully consummate the transaction contemplated hereby. 2.2.3.Buyer's Closing Obligations. At the Closing, Buyer shall: (a)Deliver to Seller cash or immediately available funds for the Purchase Price; and (b)Deliver to Seller such other instruments or documents as may be required pursuant to the terms hereof or mutually agreed by counsel for Seller and Buyer to be necessary to fully consummate the transaction contemplated hereby. 2.2.4Allocation of Closing Costs. The cost of closing the transaction shall be allocated between Seller and Buyer as follows: (a)Seller shall pay: (i) the Premium for the ALTA owner’s coverage Title Policy required by subsection 3.2; and (ii) one-half of the escrow fees of the Title Company. (b)Buyer shall pay: (i) one-half of the escrow fees of the Title Company; (ii) the cost of additional or extended title insurance beyond standard coverage; and (iii) the cost of recording the statutory warranty deed and any other documents that Buyer may choose to record. (c)All other expenses incurred by Seller or Buyer with respect to Closing, including but not limited to attorneys’ fees, shall be borne and paid exclusively by the party incurring the same unless the Parties hereto expressly agree in writing to the allocation of part or all of such expenses to one of the Parties. 2.3Risk of Loss. Risk of loss or damage to the Property by condemnation, eminent domain, or similar proceedings (or deed in lieu thereof), or by fire or any other casualty, from the Effective PURCHASE & SALE AGREEMENT 11842 Chateau Dr. NE, Woodburn, OR 97071 Page 2 of 11 71 Date through Closing will be on Seller and thereafter will be on Buyer. Seller will immediately notify Buyer in writing of any such loss. Buyer shall notify Seller, in writing, within fifteen (15) days of Buyer’s receipt of Seller’s notice whether Buyer shall proceed to Closing. Buyer’s failure to notify Seller that it will proceed to Closing shall constitute notice of disapproval of the loss. If Buyer disapproves of the loss, Seller shall pay any cancellation fee or other cost of the Title Company and this Agreement shall terminate and all rights and obligations of the Parties shall terminate. 3.Title. 3.1.Title Review. 3.1.1.Preliminary Commitment. Within ten (10) days following the Effective Date, Seller will cause the Title Company to issue to Buyer, at Seller's cost and expense a Preliminary Commitment for the Title Policy referred to in Section 3.2 showing the status of title of the Property, showing all exceptions and conditions, if any, affecting the Property which would appear in the Title Policy, and committing the Title Company to issue such a Title Policy to Buyer. The Seller will also cause Title Company to concurrently deliver to Buyer complete and legible copies of all instruments referred to in the Preliminary Commitment as conditions or exceptions to the title. Seller hereby authorizes and directs the Title Company to furnish to Buyer the foregoing items. 3.1.2.Buyer's Review. Buyer shall have ten (10) days after receipt of the Preliminary Commitment and exception documents to notify Seller, in writing, of its approval and disapproval of each exception shown in the Preliminary Commitment. Buyer's failure to notify Seller that it has disapproved a particular exception shall constitute Buyer's approval of that exception. Any exception that Buyer has approved shall become a Permitted Exception. Notwithstanding the foregoing, Permitted Exceptions shall not include and Seller shall be required to remove all Monetary Encumbrances, which shall be defined to mean (i) any monetary liens, including without limitation, the liens of any deeds of trust or other loan documents secured by the Property; or (ii) any mechanic's liens arising out of actions of Seller. 3.1.3.Seller's Response. Seller shall have ten (10) days after receipt of Buyer's notice to notify Buyer, in writing, of its agreement to cure or remove any of the disapproved exceptions. Seller's failure to notify Buyer that it will cure or remove a particular exception shall constitute Seller's refusal to cure or remove that exception. Seller shall remove or cure by Closing the exceptions it has agreed to remove or cure and the Monetary Encumbrances. 3.1.4.Buyer's Rights. If Seller does not agree to cure or remove all exceptions disapproved by Buyer, Buyer shall have ten (10) days from Buyer's receipt of Seller's notice of the same or, if Seller has not provided such notice, then within ten (10) days of the deadline to provide it under Section 3.1.3 to notify Seller, in writing, whether it will in its sole discretion, waive such objections and close the transaction or terminate this Agreement. Buyer's failure to give such notice shall constitute Buyer's election to waive its objections and close the transaction. In that event, the disapproved exceptions shall become Permitted Exceptions. If Buyer elects to terminate this Agreement, Seller shall PURCHASE & SALE AGREEMENT 11842 Chateau Dr. NE, Woodburn, OR 97071 Page 3 of 11 72 pay any cancellation fee or other cost to the Title Company, and this Agreement shall terminate and all rights and obligations of the parties shall terminate. 3.1.5.Updated Title Matters . The foregoing notice and response procedure shall be repeated for any title exceptions first appearing after Buyer's receipt of the initial Preliminary Commitment, except that if the time period for delivery of any notice extends beyond the Closing Date, such notice and all subsequent notices shall be delivered on or before the Closing Date. 3.2.Title Policy. At Closing, Seller will, at its sole cost and expense, cause the Title Company to issue to Buyer a standard American Land Title Association (“ALTA”) form of owner's policy of title insurance, in the amount of the Purchase Price of the Property, insuring Buyer against loss or damage arising from defects in title to the Property other than the Permitted Exceptions (the "Title Policy"). The policy shall contain such endorsements as shall be reasonably requested by Buyer. If at Closing, the Title Company will not insure the title as provided above, Buyer may either proceed to close despite the lack of required insurance or terminate this Agreement. If Buyer terminates this Agreement, Seller shall pay any cancellation fee of the Title Company, and this Agreement shall terminate all rights and obligations of the parties will terminate. 4.Conditions to Closing. 4.1.Buyer’s Conditions to Closing. Close of Escrow and Buyer’s obligation to purchase the Property pursuant to this Agreement are subject to the satisfaction of the following conditions at or prior to the Closing: 4.1.1.Title. By the Closing Date, Seller shall provide Buyer with marketable title to Property free and clear of liens and encumbrances except for non-delinquent bonds and taxes, zoning ordinances, building and use restrictions, easements of record which affect the Property, covenants, and conditions and restrictions of record. 4.1.2.Title Insurance. By the Closing Date, Buyer should be able to attain from the Escrow Agent the Title Policy as required by subsection 3.2. 4.1.3.Condition of the Property. The Property has not been affected by any development, building, construction, fire, flood, or moratoria prior the Closing Date. 4.1.4.Inspection Contingency. Buyer has thirty (30) days following the Effective Date (the “Review Period”) to satisfy itself concerning all aspects of the Property, including, without limitation, the physical condition thereof; the availability of any governmental permits and approvals; and the feasibility of using the Property for Buyer’s intended use. Buyer has the right to perform any tests, inspections, and feasibility studies on the Property as Buyer may deem necessary; provided, however, that Buyer will not conduct any environmental assessment that would require soils analysis, groundwater testing, or other studies commonly associated with a Environmental Site Assessment without the prior written consent of Seller in each instance, which consent may be withheld or conditioned in Seller’s sole discretion. All costs and expenses of all of Buyer’s tests, PURCHASE & SALE AGREEMENT 11842 Chateau Dr. NE, Woodburn, OR 97071 Page 4 of 11 73 inspections, and studies will be paid by Buyer when due, regardless of whether this transaction closes. If, by the end of the Review Period, Buyer has not notified Seller in writing that Buyer accepts the Property and all aspects thereof in its then-current condition, this Agreement will automatically terminate. This Agreement thereafter will be void and neither party will have any obligation to the other, except as otherwise provided herein. If Buyer elects, Buyermay offer Seller the opportunity to correct any items Buyer determines to be unacceptable by providing Seller with written notice prior to the end of the Review Period of what must be corrected, by what dates, and in what manner (the “Correction Notice”). Within ten (10) days after Seller is given the Correction Notice Seller may notify Buyer in writing of whether and to the extent Seller will effect and pay for any corrections (the “Notice of Intent to Correct”), all of which will be completed prior to the Closing Date. If Seller fails to give a Notice of Intent to Correct within said ten (10) days, Seller will be deemed to have refused to agree to such corrections. Within ten (10) days after Seller gives a Notice of Intent to Correct (or after the last day of the period within which the notice is to be given if it is not), Buyer may elect to (i) cancel this Agreement, or (ii) agree to waive its inspection contingencies as provided in this section, whereupon Seller must promptly commence and proceed with diligence to completion prior to the Closing Date with the correction of the items that Seller agreed to undertake in its Notice of Intent to Correct. The failure of Buyer to give notice of its waiver to Seller will be deemed an election to cancel. 4.1.5.Right to Possession. At the Closing and as a condition thereto, Buyer shall have full and unrestricted right to possession of the Property subject only to the Permitted Exceptions. 4.1.6.Taxes and Liens. Seller shall not be responsible for the payment of any taxes and assessments that are levied against the Property after the Closing Date. If any of the conditions to Buyer’s obligations set forth above fail to occur at or before the Closing Date through no fault of Buyer, then Buyer may cancel the Escrow, terminate this Agreement, and recover any amounts, including the Purchase Price if deposited and any interest earned thereon, paid by Buyer to the Escrow Agent toward the purchase. Escrow Agent shall immediately release the funds to Buyer without further instruction from Seller. 4.2.Seller’s Conditions to Closing. Close of Escrow and Seller’s obligation to sell the Property pursuant to this Agreement, are subject to the satisfaction by Seller of Buyer’s obligations under this Agreement, including, but not limited to, Buyer’s obligation to deliver cash for the Purchase Price on or before the Closing Date. If Buyer has failed to fulfill its obligations under this Agreement, at or before the Closing Date, through no fault of Seller, then Seller may cancel the Escrow, terminate this Agreement, and recover any documents delivered to the Escrow Agent pursuant to this Agreement. 5.Representations and Warranties. PURCHASE & SALE AGREEMENT 11842 Chateau Dr. NE, Woodburn, OR 97071 Page 5 of 11 74 5.1.Title Covenant. Seller represents and warrants that Seller is the sole owner of fee title to the Property, free of all liens and encumbrances, and will defend such title from the lawful claims of persons claiming superior title. 5.2.Authority. Seller and Buyer 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. Buyer is a validly existing municipal corporation pursuant to Oregon law and the City of Woodburn Charter. 5.3.Litigation. There are no pending claims or litigation or threats of claims or litigation or other matters of which Seller is aware that could adversely affect Buyer's title, use, or enjoyment of the Property. . To Seller's knowledge (a) all structures and improvements, including any 5.4.Encroachments driveways and accessory structures, are wholly within the lot lines of the Property, (b) no existing building, structure, or improvement of any kind encroaches upon the Property from any adjacent property, and (c) there are no present or past discrepancies or disputes regarding the boundaries of the Property. 5.5.Rights and Contracts Affecting Property. Except for this Agreement, Seller has not entered into any other contracts for the sale of the Property, nor are there any existing rights of first refusal or options to purchase the Property. Except for those exceptions of record listed on the Title Report, Seller owns the Property in fee, free and clear of all liens, conditions, reservations, mortgages, leases, licenses, easements, prescriptive rights, permits, or other similar encumbrances. Seller has not sold, transferred, conveyed, or entered into any agreement regarding timber rights, mineral rights, water rights, "air rights," or any other development or other rights or restrictions relating to the Property, and to Seller's knowledge no such rights encumber the Property. There are no service contracts or other agreements pertaining to the Property that Buyer will be required to assume at Closing. 5.6.Public Improvements or Governmental Notices. To Seller's knowledge, there are no intended public improvements which will result in the creation of any liens upon the Property, nor have any notices or other information been served upon Seller from any governmental agency notifying Seller of any violations of law, ordinance, rule or regulation which would affect the Property. 5.7.Bankruptcy or Foreclosure Affecting Property. To Seller’s knowledge, none of the following has occurred with respect to the Property or Seller: (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. 5.8.Brokers. Seller and Buyer represent and warrant that each shall be responsible for any fee or commission due to any broker employed by either party in connection with this transaction and shall not be responsible for any portion of the other parties’ broker fees or commission. PURCHASE & SALE AGREEMENT 11842 Chateau Dr. NE, Woodburn, OR 97071 Page 6 of 11 75 5.9.Survival. The representations and warranties in this section shall survive Closing for a period of twelve (12) months. 6.Condition of Property . Excepting only the specific representations and warranties of Seller contained in Section 5 of this Agreement, all of which shall survive Closing and shall not merge with the deed, Buyer accepts the land, buildings, improvements, any personal property sold under this Agreement, and all other aspects of the Property in their present condition, AS IS, WHERE IS, including latent defects, without any representations or warranties from Seller or any agent or representative of Seller, 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. Pursuant to Subsection 4.1.4., Buyer agrees that Buyer has ascertained, from sources other than Seller or any agent or representative of Seller, the condition of the Property, its suitability for Buyer's purposes, and the applicable zoning, building, housing, and other regulatory ordinances and laws affecting the Property. Buyer accepts the Property with full awareness of these ordinances and laws as they may affect the present use or any intended future use of the Property. Except for such warranties that may arise by law under the Deed and except as otherwise specifically stated in this Agreement Seller has made no representations with respect to such condition or suitability of the Property or such laws or ordinances. 7.SELLER PROPERTY DISCLOSURE LAW. Buyer and Seller acknowledge that, subject to certain exclusions, Oregon’s Seller Property Disclosure Law (ORS 105.462 – 105.490) applies only to real property transactions improved with 1-to-4 family dwellings, and does not apply to transactions involving vacant land. 8.Waiver. The failure of either party at any time to require performance of any provision of this Agreement will not limit the party's right to enforce the provision except to the extent expressly set forth in a writing signed by that party, nor will any waiver of any breach of any provision constitute a waiver of any succeeding breach of that provision or a waiver of that provision itself. 9.Modifications and Integration. No modification, amendment, discharge or change of this Agreement, except as otherwise provided, shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, amendment, discharge or change is sought. This document is the entire, final, and complete agreement of the parties pertaining to the sale and purchase of the Property, and supersedes and replaces all prior or existing written and oral agreements between the parties or their representatives relating to the Property. 10.Successor Interests. This Agreement is binding on and inures to the benefit of the parties, their successors, and assigns, but no interest of Buyer may be assigned, subcontracted, or otherwise transferred, voluntarily or involuntarily, without the prior written consent of Seller, which Seller may withhold in its sole discretion. Seller's consent to one transfer will not constitute consent to other transfers or waiver of this section. Any attempted assignment in violation of this provision will be void and of no effect with respect to Seller. 11.Notice. Any notice under this Agreement must be in writing and will be effective when actually delivered in person or three (3) days after being deposited in the U.S. mail, registered or certified, postage prepaid and addressed to the party at the address stated in this Agreement or such other address as either party may designate by written notice to the other. Mailing addresses for the parties are as follows: PURCHASE & SALE AGREEMENT 11842 Chateau Dr. NE, Woodburn, OR 97071 Page 7 of 11 76 11.1.For Seller: City Administrator, City of Woodburn, 270 Montgomery Street, Woodburn, Oregon 97071. 11.2.For Buyer : Ruben Ramirez Guzman & Luz M. Ramirez-Tarin, 11831 Chateau Dr. NE, Woodburn, OR 97071. 12.Oregon 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 Buyer and Seller 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. Seller hereby agrees to the in personam jurisdiction of such court and waives any claims of an inconvenient forum. 13.Calculation of Time. In the event that the date upon which any time period ends or any duty or obligation hereunder is to be performed will occur upon a Saturday, Sunday, national banking holiday or State of Oregon holiday, then, in such event, the time period or the due date for such performance will be automatically extended to the next succeeding day that is not a Saturday, Sunday, national banking holiday or State of Oregon holiday. Except for express reference to “business” days, all time periods will be deemed to be calendar days. 14.Remedies. TIME IS OF THE ESSENCE REGARDING THIS AGREEMENT. If either Party fails to deliver necessary funds or documents, or fails to consummate the transaction by October 31, 2020, the Purchase Price, if deposited with the Escrow Agent, will be refunded to Buyer, this Agreement shall be null and void, and the parties shall have no further liability to the other arising out of this transaction. \[SIGNATURES FOLLOW ON NEXT PAGES\] PURCHASE & SALE AGREEMENT 11842 Chateau Dr. NE, Woodburn, OR 97071 Page 8 of 11 77 The parties have entered into this Purchase & Sale Agreement, effective as of the date first written above. SELLER: CITY OF WOODBURN, an Oregon Municipal Corporation Scott Derickson, City Administrator Date STATE OF OREGON ) ) ss. COUNTY OF MARION ) The foregoing instrument was acknowledged before me on this day of , 2020, by as the of . ___________________________ ___________________________ (Print Name) Notary Public My appointment expires:_______ PURCHASE & SALE AGREEMENT 11842 Chateau Dr. NE, Woodburn, OR 97071 Page 9 of 11 78 BUYER: RUBEN RAMIREZ GUZMAN & LUZ M. RAMIREZ-TARIN, individuals Ruben Ramirez GuzmanLuz M. Ramirez-Tarin Date Date STATE OF OREGON ) ) ss. COUNTY OF MARION ) The foregoing instrument was acknowledged before me on this day of , 2020, by . ___________________________ ___________________________ (Print Name) Notary Public My appointment expires:_______ STATE OF OREGON ) ) ss. COUNTY OF MARION ) The foregoing instrument was acknowledged before me on this day of , 2020, by . ___________________________ ___________________________ (Print Name) Notary Public My appointment expires:_______ PURCHASE & SALE AGREEMENT 11842 Chateau Dr. NE, Woodburn, OR 97071 Page 10 of 11 79 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PURCHASE & SALE AGREEMENT 11842 Chateau Dr. NE, Woodburn, OR 97071 Page 11 of 11 80 Agenda Item August 10, 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 1, Partition Plat 2019-063 (Phase 1B 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 1B of the Smith Creek Development project. Notably, the 2018 Final Order did not include development on this phase beyond public improvements like street and trail connections and a stormwater detention pond.The applicant therefore pursued this partition in order to prepare the landfor future development. 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____ 81